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HomeMy WebLinkAbout06-26-13 YPC PacketCOMMUNITY OMMUN TY DEVELOP ENT.DPAR TMFNT � r ������. l FILE rlog),r !dikimIlulp Pftimshngbut 9890 lhgn: m '"": �Mµµ� ;,u ''11115W 6183��'���:µM� ���II��,� .5' u-e:.µIp�'M,q mu �q film a. m @ nlll 111 li i . II' 'd lll'. P m x m ,i� 11 gill' II II p an nirng, City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday June 26, 2013 3:30 pm - 5:00 pm YPC Members: Chair Ben Shoval, Co -Chair Dave Fonfara, Ron Anderson, Al Rose, Scott Clark, Paul Stelzer, Bill Cook City Planning Staff: Steve Osguthorpe, Community Development Director/Planning Manager; Bruce Benson, Supervising Planner; Jeff Peters and Joseph Calhoun, Associate Planners; Chris Wilson, Assistant Planner; and Rosalinda Ibarra, Administrative Assistant Agenda Announcement: This meeting is a study session on the City's Master Program in which the general public is invited to participate and comment. I. Call to Order II. Roll Call III. Staff Announcements IV. General Audience Participation Not Associated with an Item on the Agenda V. Continued Hearing: • Zoning Code Text Amendments Pertaining to Retaining Walls VI. Other Business VII. Adjourn to July 10, 2013 "falla'd in m 111111 IkIiil I� u'�n City of Yakima Planning Commission City Hall Council Chambers Wednesday June 26, 2013 2:00 p.m. - 5:00 p.m. Study Session PLEASE WRITE LEGIBLY Page 1 TO: FROM: SUBJECT: 'yVakirnIInv an,,vs.�k VI/p CITY OF YAKIMA PLANNING DIVISION STAFF REPORT City of Yakima Planning Commission Steve Osguthorpe, AICP Community Development Director Zoning Code Text Amendments Pertaining to Retaining Walls FOR MEETING OF: June 26, 2013 ISSUE: At the May 16, 2013 Planning Commission meeting, staff introduced code language regulating the design of retaining walls. There was considerable public input at that meeting from concerned property owners. Input was also provided by Joe Walsh of Central Washington Home Builder's Association. After discussing the various codes that would apply to an application for a retaining wall, Mr. Walsh suggested that any codes pertaining to engineering of retaining walls be considered concurrent with the proposed aesthetic standards, and he offered the use of CWHB's meeting room to discuss the matter with affected stakeholders. The Commission therefore moved to continue the public hearing and allow time for further discussion of this issue among representative stakeholders. A meeting was therefore scheduled at CWHB's office that included representatives from the neighborhood, contractors, industry representatives, and staff. Ben Shoval, Planning Commission chair also attended the meeting. There was good discussion over the concerns of affected neighbors and their desires to ensure that they could regain lost value to their property by ensuring that a more aesthetically pleasing wall might be installed over what is currently in place, and also to ensure that other property owners do not suffer the same loss that they have experienced. But concerns were also expressed over adoption of language that could limit use of products that might not have been anticipated under the adopted language but that might nonetheless be an effective and desirable product. It was therefore suggested by Mike Dooley of Wilbert Precast that we include an "other" alternative in the proposed draft standards that would allow staff to approve a material not specifically listed, but that would meet the intent of the standards. Another option that staff suggested was to take the opposite approach and define materials that are not allowed rather than defining materials that are allowed. This would likely be an easier list to develop because it appeared that there might be more agreement over what is not aesthetically acceptable as opposed to defining what is acceptable. Those present agreed that this might be an effective way to address this issue. yolkh"lill Page 11 114 5mm1,2' :r^ °r:�aghb�aood At M;urelisuwdm!7kela,Se,+au';a m',) 575� 6.0 Staff therefore reiterated at that meeting three possible alternatives to regulating retaining wall design, which included (1) Include an "other" option to the list of standards already drafted; (2) List materials that are not permitted as opposed to defining what is permitted; and (3) Retain the status quo — make no changes. Language that would implement these alternatives is attached for the Commission's consideration. CONSISTENCY WITH COMPREHENSIVE PLAN: The staff is unaware of any goals or policies of the comprehensive plan that are inconsistent with, or that do not support adoption of, the proposed zoning text amendments pertaining to retaining walls. ENVIRONMENTAL REVIEW After review of a completed environmental checklist and other information on file with the agency, the City of Yakima has determined this proposal will not have a probable significant adverse impact on the environment. A DNS was therefore issued for this proposal on April 30, 2013. The DNS does not become final until the end of the appeal period. The deadline for appealing the SEPA determination is May 14, 2013. The public may comment on the SEPA determination at the continued June 26, 2013 meeting. PUBLIC NOTICE AND FEEDBACK: Notice of the proposed amendments was published in the Yakima Herald on April 7, 2013, and was sent to the State Department of Commerce on April 8, 2013. To date no additional written comments have been received beyond those received and considered at the May 16, 2013 meeting. PLANNING COMMISSION OPTIONS: The Commission can act in accordance with one of the following options:. 1. Make a motion to recommend to the City Council adoption of the proposed amendments included in Alternative 1. 2. Make a motion to recommend to the City Council adoption of the proposed amendments included in Alternative 2. 3. Make a motion to recommend to the City Council adoption of either Alternative 1 or Alternative 2, with modifications. 4. Make a motion to recommend that the City Council not adopt the proposed amendments and retain the status quo, which is Alternative 3. 5. Make a motion to refer the matter back to staff for additional information. STAFF RECOMMENDATION: Staff finds that there are no inconsistencies between the proposed text and adopted comprehensive plan policies. Staff believes that either Alternative 1 or 2 of the proposed amendments would address the expressed aesthetic concerns related to retaining walls, which could help to protect property values. However, this is a policy matter that will Page 12 FOR TIM RECORD / FILE Retaining Wall Standards Amendment Options corrected Option 1 15.09.210 — Special Requirements for Retaining Walls. 15.09.210 — Special Requirements for Retaining Walls. Retaining walls exceeding 6 feet in height, or retaining walls that are part of a stepped or terraced series of walls located closer than 15 feet from each other at any point, and that collectively exceed 8 feet in height, are subject to the following standards: a. Decorative Block Option: Retaining walls shall be constructed of, or faced with, individual blocks no larger than 8" high x 24" wide; or b. Larger Decorative Block Option: Retaining walls shall be constructed of, or faced with, decorative blocks of any size that are molded to provide the visual appearance of the block sizes in Option "a", provided that actual seams of the larger blocks are indiscernible from the molded seams; or c. Stone Option: Retaining walls shall be constructed of, or faced with, natural stone or faux stone of any dimension, provided that faux stone is designed and colored to have the appearance of natural stone; or d. Timber Option: Retaining walls shall be constructed of, or faced with, treated timber; or e. Landscape Option: Retaining walls shall be landscaped with vines, espaliers, shrubs and/or trees that screen at least 75% of the wall surface within 3 years of growth. Landscaping shall be located on-site and within 4 feet of the face of the wall. Landscaping shall include an automatic irrigation system, and shall be maintained throughout the life of the wall. f. Other: The Community Development Director may approve an alternate material that achieves the objectives of the materials otherwise approved in this section. Specifically, the material should provide consistent pattern and detail throughout the wall face, have the appearance of natural materials and/or be combined with planting materials to integrate the material into a landscaped setting. g. Retaining walls are exempt from these standards when: a. The toe or downhill footing of the retaining wall is located more than 75 feet from any property line or street right-of-way line. b. They are not part of a residential, commercial or professional office site development. Retaining Walls 6/26/13 1. Definition: a. A retaining wall is a wall that retains earthen backfill on one of its sides, with a differing grade level from one side to the other, and is unrestrained or is not otherwise braced at the top. 2. Permits required: a. Section 105 if the International Building Code (IBC) and of the International Residential Code (IRC) requires permits for the building/erection of retaining walls over 4 feet in height. However, a shorter wall which may be supporting a surcharge (extra load besides the backfill, backfill that is sloping toward the wall, a structure, etc.) will also require a permit. b. This dimension includes the depth of the footing. c. Even if a permit is not required, it is the responsibility of the designer/builder to engineer the wall in accordance with local codes. 3. Section 1807.2 (IBC) requires retaining walls to be engineered to resist overturning, sliding, excessive foundation pressure, water uplift, seismic, and soils must be considered in the engineering for lateral loads. Safety factors in the code are to be included in the engineering. 4. Section R404.4 (IRC) requires walls that retain over 24" of backfill to be engineered similarly to section 1807.2 of the IBC. ro i r b jV ri V NIN_.�° H �c,vx _... ..... ___ _. _ , ., ....... ... ,... .... n. _ _ 000inn�mnlrl�a�moioimiM�mmiwu�oomomimuwiuiuiuwolwwwmuwuuu's'�i�uw�uw�wuiuwuwwwwwmmiwwure�.umuaaaaaw�w�mm0000000moowww«rrrn uowwwwwwiw mmumumm�uuuu�moim w i 9 I�����@evm�ri w �'�� ��� JY�imr f ��,yry��,� � you o �M� N4@�N�CI� IIIIV �u yr '"'�1a�u419� �w�� 'Nllm 111 .1 »n� ore H �iphirrMastier Rv"ograint",i, (I(IIyG^��II;IP f��� � {I �µ� y,'rou� �I�,�IYQ(V�f aj^'��I�VK�o �uu^rs�f{�I�yV���'���ry�gl�am� �WY ""'� �fre IV f rJ'lGpn a��.7�Milt IW�uptJmriVw1'f '�I�I!UIef�miS�imui�rJ` wwill>Mi!�'Nu' �imi�moomouumimimm�iommmu mmim� �i�uum�iom BiuWu�m ��wuommimiioiu� �i May Planning Commission Draft TABLE OF CONTENTS Section Page No. SMP Section 1: Shoreline Element........................................................................ .... 1 Purpose and Relationship of the Shoreline Management Act to the Growth Management Act ....................................................... ...... 1 Profile of Shoreline Jurisdiction in Yakima......................................................... 2 Development of Goals and Policies ................................. .o ...... .......... ,..,,,,......,.... 2 General Shoreline Planning Sub-element............................................................ 3 Economic Development Sub-element.................................................................. 8 Public Access and Recreation Sub-element..................................................u..,. 8 Circulation Sub -element (Transportation & Parking) ............................................ 9 Shoreline Uses and Modifications Sub -element ................................................ 10 ConservationElement....................................................................................... 13 Historic, Cultural, Scientific, and Educational Resources Element ..................... 16 Flood Hazard Management Element................................................................. 16 SMP Section 2: Shoreline Regulations......................................................................... 17 17.01 Purpose and General Provisions ........................ .... ...I .................... ,..,.,,.,, 17 17.01.010 Authority.......................................................................................17 17.01.020 Applicability................................................................................ 18 17.01.030 Findings.........................................................................._........ 19 17.01.040 Purpose......................................................................................19 17.01.050 Relationship to Other Codes, Ordinances and Plans .................. 19 17.01.060 Liberal Construction................................................................... 20 17.01.070 Severability................................................................................ 20 17.01.080 Effective Date............................................................................. 20 17.01.090 Definitions.................................................................................. 20 17.01.100 Shoreline Jurisdiction................................................................. 37 17.03 Shoreline Environment Designations......................................................... 38 17.03.010 Floodway / Channel Migration Zone (CMZ) ................................ 39 17.03.020 Urban Conservancy.................................................................... 39 17.03.030 High Intensity......................................................................... _ 40 17.03.040 Essential Public Facilities........................................................... 41 17.03.050 Shoreline Residential................................................................. 41 17.03.060 Aquatic......................................................................................42 17.03.070 Shoreline Use and Modification Matrix ....................................... 42 17.03.080 Development Standards......................................................... __ 47 17.03.090 Official Shoreline Maps and Unmapped or Undesignated Shorelines................................................................................. . 48 17.03.100 Pre-Designation......................................................................... 49 17.05 General Regulations................................................................................. 49 17.05.010 Archaeological and Historic Resources ...................................... 49 17.05.020 Environmental Protection........................................................... 49 17.05.030 Shoreline Vegetation Conservation ........................................... 51 17.05.040 Water Quality, Stormwater, and Nonpoint Pollution .................... 52 17.05.050 Public Access............................................................................. 53 17.05.060 Flood Hazard Reduction............................................................. 55 [TYPE TEXT] 17.07 Use -Specific and Modification Regulations ........................................... __ 59 17.07.010 Agriculture..................................................................................59 17.07.020 Aquaculture................................................................................60 123 17.07.030 Boating and Private Moorage Facilities ...................................... 60 17.07.050 Commercial and Service Development ...................................... 61 17.07.050 Dredging and Dredge Material Disposal ............................ _..... ,. 62 17.07.060 Fill..............................................................................................63 17.07.070 Industry...................................................................................... 65 17.07.080 In -Water Structures.................................................................... 66 17.07.090 Mining...................................................................................__ 67 17.07.100 Recreational Development......................................................... 68 17.07.110 Residential Development........................................................... 68 17.07.120 Shoreline Habitat and Natural Systems Enhancement 130 17.13.110 Projects...................................................................................... 69 17.07.130 Shoreline Stabilization................................................................ 69 17.07.140 Signs..........................................................................................71 132 17.07.150 Transportation and Parking........................................................ 72 17.07.160 Utilities....................................................................................... 73 17.07.170 Redevelopment, Repair, and Maintenance ........................ __.... 75 17.09 Critical Areas............................................................................................ 77 17.09.010 General Provisions..................................................................... 77 17.09.020 Flood Hazard Areas................................................................... 91 17.09.030 Fish and Wildlife Habitat and the Stream Corridor System. 100 17.09.040 Wetlands.................................................................................. 110 17.09.050 Geologically Hazardous Areas ................................................. 115 17.09.060 Critical Aquifer Recharge Areas ............................................... 119 17.11 Existing Uses, Structures and Lots ......................................................... 121 17.11.010 Nonconforming Uses................................................................ 121 17.11.020 Nonconforming Structures........................................................ 122 17.11.030 Nonconforming Lots................................................................. 123 17.11.040 Pre-existing Legal Uses — Conforming Residential Structures............................................................................__ 123 17.13 Administration and Enforcement........................................................__ 123 17.13.010 Roles and Responsibilities.................................................w,..,, 123 17.13.020 Interpretation.......................................................................... � . 124 17.13.030 Statutory Noticing Requirements ..................................... __.... 125 17.13.040 Application Requirements........................................................ 125 17.13.050 Exemptions from Shoreline Substantial Development Permits................................................................................. . . .. 126 17.13.060 Shoreline Substantial Development Permits ............................. 127 17.13.070 Shoreline Conditional Use Permits ........................................... 127 17.13.080 Shoreline Variance Permits ...................................................... 128 17.13.090 Duration of Permits.................................................................. 129 17.13.100 Initiation of Development.......................................................... 130 17.13.110 Review Process....................................................................... 131 17.13.120 Appeals.................................................................................... 131 17.13.130 Amendments to Permits........................................................... 132 17.13.140 SMP Amendments................................................................... 133 17.13.150 Enforcement.............................................................................134 17.13.160 Monitoring................................................................................ 134 LIST OF TABLES Table 03.070-1 Shoreline Use and Modification Matrix ....................................... 43 Table 09.030-1. Standard Stream Buffers............................................................ 108 Table 09.040-1. Standard Wetland Buffers........................................................ 112 Table 09.040-2. Required measures to minimize impacts to wetlands ............... 113 DRAFT Purpose and Relationship of the Shoreline Management Act CITY OF YAKIMA SHORELINE MASTER PROGRAM Management Act to the Growth PIl;rg_ dfurTua h�i rq,Rs�T ul..r....muu rV l � f d.r""sj iiri�d=lurlrr�„VVli 19 95 Vrlar�u0...�hi�a.Gfdp lla �p�lrll.u,a�odciiesridliar sUati aflaria PooiC N1 Ax,..' A) !f ��.li��� 0.0kw"�z�.�rm�9�...ro-k t he P0 g llridfe o edit! 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HC W PerrmIted uses In the shwelines o thc stute shufl 121(Y desigyf,( qa!,r,tcondw. ted iir u im:nuwt to mirrimb" 11in"(flm ......... shor0ine. ai ea arld ainq hnte� ferem the uhhc", use of the wateir." e 'V1 -�yask)rv, foli uses aj(,)1[)gjtij�:,, The shofehn i w refined to iricklcj� . . . . . . . . gf�,, -11-11111-� f, A�11111-12QJJI(:Y L�q� . . . ........... . . .... ... . �jc mcess "seivatI ond Of (t le shmehlw tesorj� (.cs rarlyd Iii �')vor shc)r I I heite I I't,") [1 01(;, st;"It c- 'M IdU f0ffrollm tillon""d of alnat r se o f s h q r e I i i ti" c) v t� I, ot:A kjteresIi, I emenk Act In ad(fition to IncoU flie"state SMAI;p�j!L, and jg!��ies, 1h Ndanj, g b e c o i I, i d e e d an a s aj t d p o, rL �,Iellsl-o.f a s-liolel.I.ne rli�a s Oerne.nt of the cou11-VtYS�rjjty'f Q!jj�preherrsi i , P6ri," The (-"A of YakIrrta's Shoreh�,,,i,e MasLe,r prglTL�aIn rnII�,'Ion Statcu of Upipl, In XXX and was amerak,,d y-, in XXKAa�id m In! gther ii ek2yant SN/H-) Nst or,yj,_,qj, � Qj wa s usnnoUaraQd coiir isteni wrth Was,hinl-ijoii- ........ ... Adniiinislira ve C de y I 11 0 ir,173-26 'AaLe /ginicrictt ie "I 'e 4- ............... . . a in d I v[ a s I e r s 1 he GuIdehnes are adrrdnstere( t'S WIP iine in It, rad EcoIIqp,,y iv e a It e rri u s I o it of both,,LheCIty 1,11iie-!'IMP become, IN- fcdk'myod I I': lo r("'Oew and s s. Profile of Shoreline Jurisdiction in Yakima 'I he (,,.�ntrrtshoirehine I the CIty -�Iirnrts and Urban Gr(.)wflt .......... - . . . ...... _L�,ArIsdrt:ijon wiflIt . .. . ........ ..........._ry r s ,I mo u tits to xxx arra es. I'l _djty_ dirTia haS Lwo ,�gincg- _fed leirritoiry rrve,rs arid �akes which arr, Idenfihed as "shorehnes of lt�e state"' the YaHirna R sei,the Nachies I -- Al -- . ........ N v i, i , vv � I I o W_1, a k, y I i r k "...A',,' q')ej'I, s!�,es Vau drn �rclan( wO n stalt,� kry ,,t� e jjL�rvflctk,�qi of YakIrna's Shor-ehne Master tlir(. iC()r - - --------- - - — ............ ord I t s; a I I d shorehrlE� aterbodk.,�sjand wWhiin 200feet of thc, 4 aryj�igh water rte of these wateiwaL Out a I 'I d I lil IM) ra It i o n 1tl'.) n e S, airid assq(jated i d,,,,, a Development of Goals and Policies emerits as L�jan&iued In jl,!L "qj_(�,MA made rt,jjfi(,,,id, in Rio SMA a 006(,�s forWhk -(kvelo :)ed.zj u u.),L t� L� �Lrj i c and s st � a I I 1,�I to (fiffei-E�rlt sh rehne uses In thq,se cdasses, when,deemed arjrL� jt, [jurIIsdIIcfloiq, C Oe,rneirrt of the dada Prof inLerided JLY-raq�,�.,,rnents found within ea(j grant are i�,�,j?,Lqvkje lmsis adrnIijlj,sli,ltion of Ihe (JI 0 YAdryla shof,ehm,2"t Mf I a ace and no e {enreirvt a gj !,L, I,a r � d i r1l'!" Q �'j ey t �q y ... ....... . .............. . ol he I eiet r run 1111-111111r1i--eK-is-ter P"Ii f)gj-a, Ini RJ,P,.IY..IE'IrtS are aIgHows. ....... sl,wrefine use elernent fof consVddQ b11 -km and of 0'a use On ,horehra,"% di�10'qaiqn and i e i i c,Ii� nd a j acen� knil ��',�cis rnOu I Nu.ot of hmit 'dj ju, J,shl I) ines tiodustly .. . .......... ....... P. .. .. If Bbd ldrd" drlrhl.f� May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM `.. . i irl.. ff.nyunla uua aaa6 ��r,l4oluaa�dadan.,urd�Dd hru au8d¢r¢o as Dffaauo':,a;lna �o-a a r ��&�� �iR„ u�u �i��f�wG� �huuQ..p.i��aU„uuuuor�.�G unds_alnffR.ViIC 4PRbYuOW s IIh°�P`a dIN449,U,,,,a,nd �,Vdi0.rd�.iP�a,Dn�a4Ya%aa1 wind � 51!a 1)a i. w � ., 4Vente0.� d scs I V&gj(�I1..9Vad � V I�u19;�” � ?s 1C e II � 9V �.� _...ff a r 0"s 1100.1�,�: Oa alhV'a y4all`�sa004a..:. CD1I �4.DQ`ma�R110 Y Whw`a•q�Q au..., m.�n",. m.. ,.. a ,... a � ffu.4..uffaffa �u� �;Peah�uu �I�m�" ��l��ai:ff Il�i�n� u��o�6.�r@o�.�.�ff�oo ��ircaw �Y... ff a oria ffy aff aV ,y l u l�� !�Vgqwnt foot thc" Vim" a tkqua "md pis �i aff suuspuia4��.� ffu� ila d4aa u11��(,S aaanan4ulu say as a aaIaaawar a 'u ciIt 4d oIle rOff.f,"�VY..Iff+!SII en i�..n9...anua;.Idati1I cIjllaarisy d ffad It Yd ufR u:� Off,,.. „iaa " o 1h(,k lur' ation on or ua �� of 1h ff��or of th "aha"r C", Panblu�� access Oern n loo �G�I�uffuUuu `.aa ces l,au ^ Iluaupa: kuaD.aa^ pair i(,uuFall I' ,1, �u14 Vy an, liaa d rn.ff:.n1iu. u,a D........., w�"�,reat@A'"WN"VM �""14"M`��ent k.111 rd �'tl hdV abYV��� (_%11 %I VI"%:Iwsl r, 4 P a9�kQ�tl'"mnY� l�h�p&;1114JIVI d� W1 I d9�i ing but1,111111 "I'll, not, �Poa00Yl�a"gaff park AIs4Fraa ffa4.....d...',kINf� ffa.a.dff rcBtOortaai rfa4 s, .,..,.,.,.,..__..11-1111111-11111111�,. ._ro_ ..... , .,,.%A.,.._. _..—��a.N..... .........�, _ �.,...... ..e.,e... ...—, " ..__ ril ....... t, %.�.... e,..e. .n .b. n.. I (Nlla 'aataryn element, i rDaasO� Ir0. �4 ffiaa �JfIIQ 4sa� If dr r'Gtion land 4;xt dq 4Yf..a xistjftl and iUlrfa a4! rR'4ff 0.a1a9 4+d ®.. ry ........n ID OL IrBOu�O�Ok "z aaa)d ffaaQ 11�itIeaas aaH n1�04uraaUj`hffus44:':""a Hr wi. �I 2lN Itaaalkjn QDnff�4" �4'Iraba�llpaallz, aaPaaff 4J�lau h �..... .e a o ua Inane d...wiith IN, s 17�o..r..ehnr oi..s ...O(irffnaffr�.��.�i V Conservation vation FIs°aaaen ior 1h 4'"a...4�ffQ��da �Ildfff� �`Paf� Na4a� �IIOIIVIIGa ff� to aak Poo to as a lh("ticsa �,Imd tl NOlj ; ll xar aaAQIff9.f R (q cand V„ djld ,, l,�rj( 1104 a ml �"u"H(fli 1D)W 16 4 �gd9pkr„rhYaal m � w u s . � .a� ...,:m .. iuiiay ii�m� a a��id� �ua.atf laalaa ti4�au�� 6...„ff�i toalaaa�l r ¢9t�araal I n a ra r a ri a d a a'aaaraaaq nqa a aqua It ffaua lffuwrna Cod` a,uluaff a`y dassw11 naItid ark aaS 1iaayjI"11 sIto ad i0.ada�dUliY� ffae6l� 4 ad�ff tdRaal s n0fiIa.,&;r d d i c a 1� o n a aAala�4 � a6ffVffnff n..il, � It od aaJntra„"u��a',"N"li"Y4ent GD m Va g Q.,hiJOaawIIQ'e aahcmi�'to thin, "��taV�Q' aFkFOe Vaalaeiies. In the r: L a 4 PVhon as 11 l . aa0ua0C'. .....,.,,.. tl1fa4DrOffO ga 0410.1s as all�....ffa as 4DB'a�laDOa 4Dff' Hood a� a1lVaaaG;4 ® allranoaailq fluff dlaua;�d 4iao_ia yesa a�alrnaff consrdaaucho 'lb ... m structures 4:.o0VsNenent wkh ff'ff Standards, General Shoreline Planning Sub -element 10.3.1. Implement the general policies and goals of the Shoreline Management Act as listed below (WAC 173-26-176(3)): 10.3.1.1. Utilize Shorelines for economically productive uses that are particularly dependent on Shoreline location or use. 10.3.1.2. Utilize Shorelines and the waters they encompass for public access and recreation. 10.3.1.3. Protect and restore the ecological functions of Shorelines. 10.3.1.4. Protect the public right of navigation and corollary uses of waters of the state. 10.3.1.5. Protect and restore buildings and sites having historic, cultural, and educational value. 10.3.1.6. Plan for public facilities and uses correlated with other shoreline uses. 10.3.1.7. Prevent and minimize flood damages. 10.3.1.8. Recognize and protect private property rights. 10.3.1.9. Preferentially accommodate single-family uses. 10.3.1.10. Coordinate shoreline management with other relevant local, state, and federal programs, 10.3.2. Protection measures for Shorelines of Statewide Significance should follow the Shoreline Management Act principles in order of preference as listed below (RCW 90.58.020): May 31, 2013 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 10.3.2.1. Recognize and protect the state-wide interest over local interest; 10.3.2.2. Preserve the natural character of the shoreline; 10.3.2.3. Result in long term over short term benefit; 10.3.2.4. Protect the resource and ecology of the shoreline; 10.3.2.5. Increase public access to publicly owned areas of the shorelines; 10.3.2.6. Increase recreational opportunities for the public in the shoreline; 10.3.2.7. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. 10.3.3. Establish a system of shoreline uses that: 10.3.3.1. Gives preference to uses with minimal impacts that are dependent upon their proximity to the water; 10.3.3.2. Is consistent with the control of pollution and prevention of damage to the natural environment; 10.3.3.3. Protects the public's health, safety, and welfare; ecological functions; and property rights; and 10.3.3.4. Establishes conditional uses to provide extra protection for the shoreline. 10.3.4. Assure that new shoreline development in the City of Yakima is consistent with a viable pattern of use suitable to the character and physical limitations of the land and water. 10.3.5. Encourage sound management of renewable and nonrenewable natural resources. 10.3.6. In general when determining the order of preference between conflicts of shoreline uses the following order should be observed: 10.3.6.1. Water -dependent commercial uses are preferred over non -water- dependent commercial uses; 10.3.6.2. Water -related and water -enjoyment commercial uses are preferred over non -water - oriented commercial uses; and 10.3.6.3. Non- water -oriented commercial uses should only be allowed in limited situations. Shoreline Environment Designations 10.3.7. The City of Yakima's Shorelines are classified into specific environment designations based on existing and future land use patterns, as well as the biological and the physical character of the shoreline. Land uses and activities which are permitted within these environment designations should be limited to those land uses that are consistent with the character of the identified environment designation. High Intensity Environment Policies 10.3.8. High Intensity Environment: 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. May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 10.3.9. Specific criteria for designation of the High Intensity environment include areas or properties that: 10.3.9.1. Presently support high intensity land uses including commercial, industrial, urban recreational, transportation, or high-intensity water -oriented uses. 10.3.9.2, Are planned to accommodate urban expansion of uses listed in 10.3.9.1. 10.3.10. 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. 10.3.11. New stand-alone residential uses in the High Intensity environment should be discouraged. 10.3.12. 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. 10.3.13. Development in the High Intensity designation should assure no net loss of shoreline ecological functions as a result of new development. Where applicable, new development should include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law. 10.3.14. 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. 10.3.15. 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. Essential Public Facilities Policies 10.3.16. The purpose of the Essential Public Facilities environment is to support planning and maintenance of existing essential public facilities. 10.3.17. Assign an "Essential Public Facilities" environment designation to lands containing those facilities that are typically difficult to site or relocate, such as state or regional transportation facilities and waste water handling facilities. 10.3.18. Essential public facilities and their accessory or supporting uses are allowed in the Essential Public Facilities environment. 10.3.19. Allowed new development in the Essential Public Facilities designation should assure no net loss of shoreline ecological functions. 10.3.20. Where applicable, new and expanded development should include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law. 10.3.21. Expansion and improvement of existing facilities should be allowed, with mitigation sequencing applied to avoid and then minimize adverse impacts to the extent consistent May 31, 2013 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT with the specific facility and public needs, with mitigation required for any remaining adverse impacts. Shoreline Residential Environment Policies 10.3.22. 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. 10.3.23. 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. 10.3.24. 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. 10.3.25. Multifamily and multi -lot residential and recreational developments should provide public access and joint use for community recreational facilities. 10.3.26. Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. 10.3.27. Commercial development should be limited to water -oriented uses and allowed only when the underlying zoning permits such uses. Floodway / Channel Migration Zone (CMZ) Environment Policies 10.3.28. 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. 10.3.29. 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. 10.3.30. 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. 10.3.31. Activities that may degrade the value of the Floodway/CMZ environment should be limited, and development in hazardous areas should be restricted. 10.3.32. Modifications that harden or fix stream banks and channels should be discouraged. May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM Urban Conservancy Environment Policies 10.3.33. 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. 10.3.34. Specific criteria for designation of the Urban Conservancy environment include areas or properties that: 10.3.34.1. Lie in the city limits and urban growth areas; 10.3.34.2. Are planned for development that is compatible with the principals of maintaining or restoring the ecological functions of the area; 10.3.34.3. Are suitable for water -enjoyment uses; 10.3.34.4. Are open space or floodplains, or; 10.3.34.5. Are areas that retain important ecological functions which should not be more intensively developed. 10.3.35. 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. Uses allowed under this designation should focus on recreation. Commercial, industrial and residential uses should be limited, and when allowed result in restoration of ecological functions. Public access and recreation objectives should be implemented whenever feasible and significant ecological impacts mitigated. Aquatic Environment — Lakes 10.3.36. 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. 10.3.37. Specific criteria for the Aquatic designation are lands waterward of the ordinary high water mark of shoreline lakes. 10.3.38. 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. 10.3.39. 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. 10.3.40. 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. 10.3.41. Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. 10.3.42. 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, May 31, 2013 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT navigation, presence of aquatic vegetation, existing critical habitats, aesthetics, public access, and views. Economic Development Sub -element Commercial and Service Development 10.3.43. Limit commercial and service development to those activities that are dependent upon a shoreline location. Nonwater-oriented commercial uses may be allowed when part of a mixed-use development including water dependent activities, or on sites separated from the shoreline, or when public benefits such as public access and ecological restoration are provided. 10.3.44. Commercial and service uses which are not shoreline dependent should be encouraged to locate upland. Industrial Development 10.3.45. Allocate sufficient quantities of suitable land for water -related industry. 10.3.46. Discourage industries which have proven to be environmentally hazardous in shoreline areas. Public Access and Recreation Sub -element Public Access 10.3.47. Protect navigation of waters of the state, the space needed for water -dependent uses, and views of the water through development standards. 10.3.48. Transportation and parking plans within Shoreline jurisdiction shall include systems for public access, including pedestrian, bicycle, and public transportation where appropriate. 10.3.49. Whenever possible shoreline development by public entities such as the City of Yakima, Yakima, County, Yakima Greenway, Washington State Department of Transportation, and Federal Highway Administration should incorporate both physical and visual public access to shoreline areas which are compliant with the various entities safety and security access plans. However, adopted public access plans as described in WAC 173-26-221(4)(c) that more effectively allow public access thru alternative means may be accepted in lieu of the above site specific access requirements. 10.3.50. Development standards for dedicated and improved public access to the shoreline and visual quality should be required for public and private developments, with few exceptions, except where it is demonstrated to be infeasible due to reasons of safety, security, or impact to the shoreline environment, or constitutional or legal limitations. 10.3.51. Promote and enhance diversified types of public access to shorelines in the City of Yakima that accommodate intensified uses without significantly impacting natural areas, and do not infringe upon property rights. 10.3.52. Access to recreational areas should emphasize multiple points of access (parking areas, trails or bicycle paths). May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 10.3.53. Development standards should be established to assure preservation of unique, fragile, and scenic elements, and to protect existing views from public property or large numbers of residences. 10.3.54. When considering shoreline issues where there is a conflict between water dependent uses, public access, or maintenance of an existing view from adjacent properties, public access or water dependent use should have priority unless there is a compelling reason to the contrary. 10.3.55. Road and railroad facilities should be properly designed, to provide to the greatest extent practical, scenic corridors, rest areas, view points, and other public oriented facilities. 10.3.56. Wherever feasible, utilities should be placed underground. Recreational Development 10.3.57. Assure preservation and expansion of diverse, convenient recreational opportunities along shorelines for public use, consistent with the capacity of the land by ensuring that shoreline recreational development is given priority and is primarily related to access, enjoyment and use of the water and Shorelines of the State. This policy may be accomplished by ensuring that shoreline recreational development is given priority and is primarily related to access, enjoyment and use of the water and Shorelines of the State. 10.3.58. Land uses designated for a specific shoreline recreational area should be planned to satisfy a diversity of demands, and must be compatible with each other and the environment. 10.3.59. Where feasible, encourage the use of public lands for recreational facilities as an economical alternative to new acquisitions by local agencies. 10.3.60. Locate, design, construct and operate recreational facilities to prevent undue adverse impacts to natural resources and adjacent or nearby private properties. Circulation Sub -element (Transportation & Parking) 10.3.61. Encourage a transportation network capable of delivering people, goods, and services, and resulting in minimal disruption of the shorelines' natural system. 10.3.62. When major highways, freeways and railways are required to be located along stream drainages or lake shores, the facilities should be sufficiently setback, and minimal land area consumed so that a useable shoreline area remains. 10.3.63. Access roads and parking areas should be located upland, away from the shoreline whenever possible, and access to the water should be provided by pathways or other methods. 10.3.64. Parking facilities in shorelines are not a preferred use and should be allowed only as necessary to support an authorized use. 10.3.65. Proper design, location, and construction of road and railroad facilities should be exercised to: 10.3.65.1. Minimize erosion and permit the natural movement of water; 10.3.65.2. Use existing topography and preserve natural conditions to the greatest practical extent. May 31, 2013 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 10.3.66. Loops or spurs of old highways with high aesthetic quality or bicycle route potential should be kept in service. Shoreline Uses and Modifications Sub -element Agriculture 10.3.67. Allow lawfully established agricultural activities occurring on agricultural lands to continue. 10.3.68. New agricultural activities on land not currently used for agriculture, conversion of agricultural lands to other uses, and other development on agricultural land that does not meet the definition of agricultural activities (including any agricultural development not specifically exempted by the provisions of RCW 90.58.030(3)(e)(iv)) should meet shoreline requirements. 10.3.69. ��re�.� �g 1pw,. a�w��a 9�. yw.Gd'I.R"w� Iti�9hp�aMs�ra��.i�Wpµ«fin„": � fe,,d4 ,,operations shorelines_i.a�rns,,(iac,t:iogip. Aquaculture 10.3.70. Consider aquaculture a preferred shoreline use when consistent with the control of pollution and prevention of damage to the environment. 10.3.71. Ensure that aquaculture uses do not conflict with other water -dependent uses or navigation, spread disease, establish non-native species that cause significant ecological impact, or significantly impact the aesthetic qualities of the shoreline. 10.3.72. Protect spawning areas designated by the Washington Department of Fish and Wildlife from conflicting uses. Boating and Private Moorage Facilities 10.3.73. Ensure that boating facilities are located only at sites with suitable environmental conditions, shoreline configuration, access, and neighboring uses. �,����*��TM�d9�'�#?$�..�ukB�d��;;m��'ik�?'Ni����4��d�p �4�°ti•4�Pq��rB1"�9�,���^�mp�l���”�...�-�.�Gw��.��'.r,N70���1�1�r�l�N�.��,�°&.�6tl�;"Ni','�u'r��„�°t y� ......, , i �,t� �r'e�;��-a�-��� 1��� c.�.a���������a:#�I���� m�i���� ���VT�aab�����a.�ar��m�ml��.�a��-1..�;;a��-��a�,�� •V�� @�VmM�y���wMaw�-��'�'`w��J41��ku:��.�r�-�W��l•bv��rv»�4�k�����.�c4�� r����@���n �k�� �R�•�}���,Y 9�hMPok�.R:�qs"ua��W�6�6�w�6^�"q^�e�k�.�°�0��.y���r.��.��.�1���'f�Q�B�IN4�e: k^�Rs���4•�.���c�A9"��w^Ek�9�N�Ba���..�r�4���^YB���.,�.�.�YE" 19°;h��.o��'G�ka��,%���"�����-f��fl�9�3�'i'#�am�^f°E�b4a9���Ndc���s.�r����r�'�.���'4.��y�.w. :I ►-,3 4--' 10. . i4. Piers and docks should only be allowed for water -dependent uses and public access, except that water -enjoyment and water -related uses may sometimes be included as part of a mixed-use development. 1-0,3;-'4--,: 3 0.3.1-5-, __ Applications for new piers and docks must show a specific need and must be the minimum size necessary. <.'I 03'. [1. --Encourage the cooperative use of shared docks. Dredging and Dredge Material Disposal �0_3,=11V:10.3. 1 a - Dredging should only be permitted for maintaining existing navigation uses, not for obtaining fill material or mining. 10 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM I ii.�1iie.w7 The deposition of spoils in water areas should only be allowed for habitat improvement or when the alternative is more detrimental than depositing in water areas. Fill 9, "10.3.79.m Normal and reasonable land grading and filling should be allowed where necessary to develop a land area for a permitted use provided: -v-10 3.75x.1. There is no substantial changes made in the natural drainage patterns; and There is no reduction of flood water storage capacity that might endanger other areas. 140 x::10 7-1111 �t _ Filling within the ordinary high water mark should only be allowed when necessary to support water -dependent uses, public access, transportation facilities, mitigation, restoration, enhancement, and certain special situations listed in WAC 173-26- 231(3)(c). 2, 43 10 . 8 0a� r„m m In evaluating fill projects, such factors as total water surface reduction, navigation restriction, impediment to water flow and circulation, impediment to irrigation systems, reduction of water quality, and destruction of fish and wildlife habitat should be examined. .: 21, 10. 3. 8 1. mmmmm Shoreline fills or cuts should be located and designed to avoid creating hazards to adjacent life, property, natural resources systems, and to ensure that the perimeters of the fill incorporate appropriate mechanisms for erosion prevention. In -Water Structures 104 424403,82� a„ 3 Location and planning of in -water structures should consider the full range of public interests, watershed functions and processes, and environmental concerns, with a special emphasis on protecting and restoring priority habitats and species. 4-0-4244,10. 3.83. All in -water structures should provide for the protection and preservation of ecosystem -wide processes, ecological functions, and cultural resources, including, but not limited to, fish and wildlife, water resources, shorelines, critical areas, hydrogeological Mining processes, and natural scenic vistas. Removal of sand, gravel, and minerals should be allowed from only the least sensitive shoreline areas and should comply with the below policies: I.10.3.84 1 __Due to the risk of avulsion and mine pit capture by the rivers, mining within the stream channel and channel migration zones should not be allowed. special cases where mining in the stream channels and channel migration zones are allowed, they are to be allowed by Shoreline Conditional Use Permit only; and 4. :7 Q.131. 8,1 'y, Restoration or enhancement of ecological functions is encouraged. May 31, 2013 11 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 11114"!P11,86I,10.e1 85... _ . Require land reclamation plans of any mining venture proposed withln a shoreline. 0 11 ,�z101, i 861 Mining reclamation plans shall incorporate this SMP's restoration goal to the greatest extent feasible, and shall be done in conformance with the Washington State Surface Mining Act (RCW 78.44). _..., w„. 8T Ensure that mining and associated activities are designed and conducted consistent with the applicable environment designation and the applicable critical areas ordinance. 1 94AQf 1„y0 . w _ IT„ m„wEnsure that proposed subsequent uses of mined property and the reclamation of disturbed shoreline areas are consistent with the applicable environment designation and that appropriate ecological functions are required within the reclamation plan. Residential Development 14. -3, 1,0 3 � 89 „Design subdivisions at a density, level of site coverage, and occupancy that is compatible with the physical capabilities of the shoreline, and ensure proposals are located to prevent the need for new shore stabilization or flood hazard reduction measures. i�� r11,� -.m Restrict subdivisions in areas subject to flooding. w10.3.9 1i "aa P'1211.119L „Encourage cluster development wherever feasible to: o, P� Maximize use of shorelines by residents, �1C� 391.,1 Maximize both on-site and off-site aesthetic appeal, and i t :n., 'Ii c: Qy i N Minimize disruption of the natural shorelines. Shoreline Stabilization -144,914,10.3.92. _... Shoreline modifications should only be allowed where they are shown to be necessary to support or protect an allowed primary structure or a legally existing shoreline use that is in danger of loss or substantial damage, or they are necessary for mitigation or enhancement work. 4b-3 4,10.3.93. Shoreline modifications should be limited to the minimum necessary to accomplish the objective, while still protecting ecological functions. Give preference to shoreline modifications that have a lesser impact on ecological functions. 10 ,tt-9S,10. .94. New structural stabilization measures should only be allowed: When they are necessary to protect an existing primary structure; 4-0. 3,�0.,,,.94„ Are in support of new and existing development; or 10 3 all-, p, ...11OAre necessary to protect projects where restoration of ecological functions or hazardous substance remediation projects is taking place. 1. 1fwwrviD W . „Flood protection and stabilization measures which result in or tend toward channelization of streams such as, hardening of stream banks, or fixing channel locations should be avoided. 404I -47,103.W All shore stabilization activities should be designed and constructed to accepted engineering standards. 12 May 31, 2013 DRAFT Signs Utilities CITY Or YAKIMA SHORELINE MASTER PROGRAM Outdoor sign size, spacing and lighting should conform to the Scenic Vistas Act (RCW 47.42) and standards in the Zoning Ordinance. New utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities that are non -water -oriented should not be allowed in shoreline areas unless it can be demonstrated that no other feasible option is available. Expansion, updating, and maintenance of existing facilities is allowed but should be designed to minimize impacts as much as possible. Wherever possible, transmission facilities for the conveyance of services, such as power lines, cables, and pipelines, should be located outside of the shoreline area. If location within the shoreline cannot be prevented, utilities should be confined in a single corridor or within an existing right-of-way or underground consistent with policy 10.3.50. „ New sewage treatment, water reclamation, and power plants should be located where they do not interfere with and are compatible with recreational, residential or other public uses of the shoreline. New waste water treatment ponds for industrial uses should be located upland when feasible. Existing Uses The YAP sh uu ki ire,(:Ovniize t^xisflnv 11,1se" and dev(d wn:)unnnni'Aoin die .phor(-'^bort, and aHuw G.I[wm io (O niun ue :�co nsisw en wrw dh flh(jr Iii wsfnull` i�,,�IAnninii��.,l.:in(I tpsidifuonw .... . !.w....1 f� ........ g gnf� o f .. houn�n� gj)].a0s s n0urnu����f �nll nn il�>o�nwn."n..td� t�u�f�...�r0' oil hii..u�.e u s �: .d v�Vas un�a�nt h.1mPLtiU fh Iln °xi1f7d" h�tnC..�, d'EnaCiq &CeCia t D °rnii ,N,p ; i,in n9 t K..l n a ptbt.n.�sN� Npwptl lYV a31!NN , (') e of the Redevelopment, Repair, and Maintenance fh('a SNIP shoutnf un a of'wjcizta exi tk g uses a the whcwiohne wtn d Ii�n�:nr to�.���pnnr continue e con!Jsu e int Jnr tl) thiol' lavvi ll t"a7a�ni�Ali«n8ua fG l�r�_ I: uuu.. 1In fit + ,C f unpfi u. �.d#!. �n gfflHn. ail a,k �I� �w u � i�nuEs Inn iron shurerehli� uusf'u.�f,f ��'...� ..�r , ugl.� .o. O g µiswn �tiq. u.� hiri f.a�nost�uttucnAw ne r7�l nu.g a Ihe siz j aflwivw�o.y�.dMation Conservation Element Environmental Protection 0, CSI . Maintain, restore and where necessary improve the shoreline terrestrial and aquatic ecosystems so that they maintain viable, reproducing populations of plants and May 31, 2013 13 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT animals while providing the maximum public benefit of limited amounts of shoreline areas. Critical Areas & Vegetation Conservation New development or uses, including the subdivision of land, should not be established when it is foreseeable that the development or use would require structural flood hazard reduction measures within the channel migration zone or floodway. wf,,1,10.3.108. New structural flood hazard reduction measures in shoreline jurisdiction should only be allowed when the following can be demonstrated: The structural flood hazard reduction measure is necessary to protect an existing development, 1G�-.41?-7�2, Nonstructural measures are not feasible, " U.3.108. Impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss, and 10-3.1107.4, 1 Appropriate vegetation conservation actions are undertaken. 4'd1,a �0fs»:i y_C.3.1 . Protect all shorelines of the state so that there is no net loss of ecological functions from both individual permitted or exempt development. 3. 110. Evaluate and consider cumulative impacts of development on shoreline ecological functions to ensure no net loss of ecological function. 444.44-0,, 1, 0. 3 11m1 _ � Develop a means to allocate the burden of addressing cumulative effects. _m1, 1, 2,m µ Provide, where feasible and desirable, restoration of degraded areas along the City's shorelines. 1,3- _.,.,Critical areas within shoreline jurisdiction are protected through the critical area policies and standards of the City of Yakima's Shoreline Master Program and Comprehensive Plan Natural Environment Chapter. w11 1.fi..1 _Protect shoreline streams, lakes, ponds, and wetlands through the application of vegetative buffers. 44,34,4,4,1, 0. :.].15 m mExisting agriculture should be encouraged to provide through voluntary means: 3� 4. i. i. I 5 1 Maintenance of a permanent vegetative buffer between tilled areas and associated water bodies; 14 �' 1U.3..115µ2 Reduction of bank erosion; i 0--1-A 44- 10. 115.3Reduction of surface runoff; Reduction of siltation; -10-440-4 ,10 �y,�,15 ��;_ Improvement of water quality; and d;1U.3.115.6. Provide habitat for fish and wildlife. 10,. ,1 A 1 1 16. Buffer requirements for new agriculture uses on non-agricultural lands should be applied. _Provide a permitting process which allows government agencies, and public and private groups to submit and gain approval for long-term maintenance plans which comply with the requirements of the City of Yakima Shoreline Master Program. 14 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM Natural vegetation within shoreline jurisdiction should be retained to the greatest extent feasible by applying the stream corridor and wetland buffer requirements. Selective pruning of trees for safety and view protection, and the removal of noxious weeds is allowed. 1 t'. Shoreline construction/maintenance projects which disturb areas of the shoreline should be restored to a state which is equal or greater than the original project condition. When replanting is required, native species should be planted and maintained until new vegetation is established. Shoreline Habitat and Natural Systems Enhancement Projects 10.1121. Restaanaafioiu and e nlhaauna_t n feint notVtaau n (rile ra � �0�e�nr deli) ina��� �uaaoun�l�n➢ml a. ... n�na�6aVQ �naa" aaiDd k iit i&I tbQVI Ra� rnNpRi vnlnk ask ai e?Vaa �� ntfn,�lB k d4D �bl � �iaa S n�ia a Cin`# IfalnaYn.„. .. r iP84`iaamI4 nl nulla tl �na l 8diY4G” i'r� .0 jig I Y:r al and stjsh,,Rin �rhor hne hatl�Dlltat st.r.4c�IU�r n and ., �.. fu ncflo nnn. ........ ..... ...`. ` ., , ..m.. , .et _ .......,, . 10.3 1222 RC'Staaiantpffll anil_t..t.9.nl�rnuin n none nn ,nn li+anu innnnai�:l iiin tua p iia n innun nen abina aik,aie� inugn l�tan9 ��lun ries �..:�sh a �.,.., ,�.,.�roa'tnfa. a.Ahe }d�...Q.,.d of ye�nna,l9 vq,a ,Ir1a617�a„�...lV�ulV �nl�al 41n+'Vi4_��I�i pnaat b, n� gain an ani taiau n d inn tiam� Knr, nnla riRn In,nl Inn yaa"UIn�@niu�W.uirll lar aanaRlnu�rilal n("4io arid w,�ii�i9uia ���q.>iniva �l,nimas I�r� ani gnni� qn.�..�.� Ni��naUl� R-"SOL9 ces aa�L�nbinal.�....Ma�lr00n4�.,mF, smh ries roQ' rvJ,,c,�'an"11P�a"Q:.YIir l S,,,..1 O.S�n..can,;nd Vtkfl fh a S .. 0.. 123. liam'.m Itsn9il—e —cL! lf„,QLJI �I 6a n. u�i k rd n...fu nnna ",tnn eC',ceri,�p q. q 1 ..,. ^+u� r� [a�nan as wl'u n�ut�� nnn+r lw�(rfl,_ ,rsd a(t , jisifiorn an nfU�d'i l9<. InnIIlI�,�i idlinn n kti�Ynain �. IQn �Yrn n)N dnn4.�,.�.�..., re..,... ,..., .„.., ,. .. .,.,... ,,..p .. e...e m...... „ I...A........ m.mm. _ ...... ... ..... .. ..m...;, .......,. ..,....,m ..... ......... ....:...x Gia' K I�OQ stoi"a�LLlon asaw � �l'�. aaan�u��ulld�i� 91��.aana alin�il aria identified icu�i oin the �Ilaai� a:aft�i�)lS 5V'�Il 0n �Pnr ItNd'`Ww-0ta Ys l 8 ,:�ann's- 1��..f _12' -_... �m�n� � �t a�V�ngIJd �.�kavea 0.P_�, isj ��.����ode ii)e s I I i a t w I styeuian0u„Ill .�. 9„dl� ii E' e�� of in tot, n@wtina nrnui.t...t�ota�n n:'iwi,p 10.3.125, „ 0' aa�d�D�^u'..fo lhcn use o Lax Uia4a in n G” �aII��`yoI ainn�pr VVnf��� as4V41��1 ae�V"n�{0%a�e.m��iQll NY axs UI[naj as n[bs� Q10" ,... Ql�ialawn aC$n "irtllllv�, as a fln a v unl& aiC d'Ina Sed c d"QhG ianlianLx,? 69 sloiraa on and enhancement of skyor(n lli�anr�0 (,fl�hiol �nUaj�nndio nwa ai,:In � lo 1"'!i -o n�cJ h nln6t;al for l� l°y v�iK�f)nlr �no�t� pnl<ruoj�m. �. v.. Water Quality, Stormwater Management, and Nonpoint Pollution u?:7 0.3.1.2 E,. Shoreline water quality should be protected as follows: ;'i, 1 Rely on the City's stormwater program and Ecology's Stormwater Management Manual for Eastern Washington which meet state and federal stormwater control requirements where possible; Utilize Critical Aquifer Recharge Area protection measures; Control drainage and surface runoff from all facilities requiring large quantities of fertilizers and pesticides to prevent contamination of water areas; All developments should comply with Yakima County Health regulations, when applicable; J ; Handle and dispose of pesticides in accordance with provisions of the Washington Pesticide Application Act (RCW 17.21) and the Washington Pesticide Act (RCW 14.47); 1;'(; i, Proper design, location, and construction of all facilities should be exercised to prevent the entry of pollutants or waste materials into water bodies May 31, 2013 15 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT When earthen materials are moved within shoreline areas, measures to adequately protect water quality should be provided. Water quality protection measures should not impact recreation opportunities. New development and redevelopment proposals should be connected to city sewer.. New development and redevelopment proposals should provide adequate stormwater handling and possibly pre-treatment facilities. Agricultural erosion control measures should conform to standards established by the Conservation Districts of Yakima County and those agreed upon in USDA conservation plans. In planning for marina location and design, special water quality considerations should be given to: Fuel handling and storage facilities to minimize accidental spillage; , Proper water depth and flushing action for any area considered for overnight or long-term moorage facilities; Adequate facilities to properly handle wastes from holding tanks. ;ty. Sanitary landfills along shoreline areas should be prohibited. The disposal of all solid wastes should be disposed of in accordance with the Yakima County Inter -local and Moderate Risk Solid Waste Management Plan. Historic, Cultural, Scientific, and Educational Resources Element i h I Encourage the protection and restoration of areas and sites in the City of Yakima having historic, archaeological, cultural, educational or scientific value. .101.3.131. _Development along shorelines should include consultation with professional archaeologists, historians, biologists, and tribes to identify areas containing potentially valuable data, and to establish procedures for salvaging the data or maintaining the area in an undisturbed condition. 144­1� _14-6:10.3.132. Shoreline permits should contain conditions of approval which require developers to immediately stop work and notify local governments, the Office of Archeological and Historic Preservation, and affected tribes, if any archaeological or historic resources are uncovered during excavation. � -.4-2-7-, 10. 3. 1, 3 3. Development which would destroy archaeological or historical sites or data may be delayed for a reasonable time to allow the appropriate agency or organization to purchase the site or to recover the data. Flood Hazard Management Element 11.031.34. h Qt°zho ulkj a un,uirc [AJ aoaij-?,ruvad( oi,:my k) �umz �u'irQ �Voca0o n a�ke rigao1B.:IIIo Ced, ccaitlrO IIpVem suiid sitl4Dd7sia ,'tent w0 a Njal pj?6alc "0V ., in J urea' RQ",0M'(.(u.,.0 taiu6..E^pV30uap0a S( yrs rt; tl�w V "asal i lar w'a ��1.....1.1 !niS^e a w y' ull<nlm�al (�kuir9ttit F1ood �al N t� lckClalt?d'fI U4 BVN QUI &Pla UP rp �!q �& ��N�w nl o ti as t px iV€kq&..I � ABV°re_ .?..qtl apl a n , 16 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM u p"Ipiaglniynn„a fi buY4�i�l�dldV ak°n nn��laVd�NNn's�w$1V4£1 a uaaIIRNG facl�R P uan�4flaUyan GV6c 6nR 1Pln4nq Olpup k& isnYfuaf�lVn& VVb nunde: to n:)ueven'n4 flood daannnaanie, maainpauun the nnaatu 4 i vdr-aundic caaiaaaaa 1tV of Hoods ays. and conserve innn�..iresources �LCIn u% 1"'ii1YdaIhid n rgld"roil. .......- ....... S....h a m. `.,,,,, aa..,.,,.`tru.tict9llV."�..�....UVet,h4�„dsto,,�:Pll'(L)LL-.ct...('Illna�lldicE.° �iVn��......r�"arl�d;re 4�'nG�q"ki^.��ne 11. ` w,3 3 S. where a f� p�ul�in o�Oun � 11., 4'd to ll kpai uVI f4V Vu,l io 111 s "iIn � d p)a ubcen,a en "'i aI l oafIe11' d gdc rll tic `,0d Intl c Si')0OBiaf 1Fu c qc .6 rcf4 I�aiY if cL, .... ...... .. ......... ....... ... .. .. ........ ....... r.. an .afternnaative tnn.aaflnUC`[Ui4l flood contron Works. iqOshuuduas,al.f.a.:p�:...�il�aha.is nonan nf�r lunf,lfl.�.Luuuf a6E6„ V@lY. 118Y'IflwaI d4'•d,...°illbVM°1inc.. b.�,.... ....i .., s.. _.�..;. ... , ... m........... u a u a faun snap:. uarupon�a , u, a: ua uen a�a�un�an n� pluoau` e dike IV imnlbWlstlxillfaptUc innuun.un{„na4a :8'suf.l.f..s..sslorro �`aalc f 4'dpan8nrc�bfi !Yac„Pnp �nl,nNpftl &LVu 1<IL9a� cd3� Duda sc:Prrie°n.n't. ac"carA siflonn, vU LAnntaary lunrotec tiOnn and ennhaanticeimennt Ir)na::lied..s. or iIr l -e ntive fln (11511r dun e .p M ti",Doti ��inOneHnne purisducfoon �o..irnc Unudkip sLub fi0ss or of 10.313& �� New,or L�La��tid,aauannnOifp� Lnn neL,es 1��afp fa tln uA�nman�Kalpp... 11 i an n nVii Stroup f ujpa"a� floodco ntirgi �a m o, sw'in an chk � f revetm nntsa)re a lO N..�fe��oo� 4 oa�allu.� unuannA�np�. AOfrj(( L) qr Uupja�j, WthU ua,aa u(ye+flpaaafan , Our iaake nah(x.fld' �Onn0t bac a"'flow e"d. am,3��.3°7, 1"�Lf^�uuLuu�uuna�aVf�..... .. "o�nOU works �i�ioua)d Oirui ICaO apHOed in asfnonOiuunaa nn[cJflui9rNQdcp�1} an c enhhl ubE'n4ffnp6,p!aV,Bnd.n:”c1Ba�aq)aJ`asisth,,flNlrc.,lwand nld"nu.L',,ilfly c:a (,aalYV fru.'in�. pr u, pn s a,e ha �u�lpn a rs lung )uLtanf that naflppuaau tti app a L nului yap anq p dYt tippnan� auancl prW IkuN uG ..maGnnan as Knwlnbp a...,nitak (arr b 9.1c k�ti ,� Tali R"a1Bfly"aa�l Ri O r9a 1'n➢ ad° ,rw HU 9N1`i, I(b°sap pfVaa u1y1 UdcD dllsa�n;x �n ,. 4 .m an.. �..m�.d�. ,...�C a. ... ._.. ,. .. e ,..., .o .. .......... ..... ... ...... A ..,,.w., ,Y,.... f..,.p f:.......,. .. .� h'�aac iuuhcgl c005q.°NMion"k fi' tions fnitl LP9&c V`E�e14a P6st ndlilp wh f4 Yflo sttu tulj l flood h ao?a,Brd reduction nnnOau u.an��x� aairO oo��n�feaas�J�lle. mm... f0,,, . 13 8. Hood controO worksand shoireHn uufa.� pipwu�fnrpu�...wllodifiic holl„,h("a' d h()iOcaated, de-si uned, constructed and u�nain�ntaainned so their res uita~aont effects on Pee-hvdiraUH !,,'s'taJc,tius H 110 ns aapf�.PmlfV a�V Cf a&NYaNp�Mc' itlN cl fnR n,..l9 p p1G rtk, S7a 'J"lc„'r illne ,. Mpwa 9arin .Pnruss a w. e, . m...� ®. resources, and so that the uarfnvsicaa� inntep_rtv Of the shoireHn e n:oriridor is nitiarinntaai nee, ei U , (� � .� ar t 1 IIF� i CHAPTER 17 — SHORELINE REGULATIONS 11"r' 0 JLlF"',IIt01,U �„�+,arU, ��ar:�I'aa�� V Au, UtU a;aVYS l� 0U 17.01.010 Authority A. Title 17 of the Yakima Municipal Code is established pursuant to RCW Chapter 90.58 (Shoreline Management Act)„ WAC 173-26 (State master program approval/amendment procedures and master program guidelines), and WAC 173-27 (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 36.70A.480 (GMA and Shorelines of the State) be considered a set of use regulations applying only to shoreline areas as specified in RCW 90.58 (SMA) and WAC 173-26 (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 ad policies are contained in the City of Yakima Comprehensive Plan, Chapter 10, Section 3 — General Shoreline Planning Sub -element). These regulations shall be applied and interpreted in a manner consistent with the remainder of the Master Program or the Act. May 31, 2013 17 CITY OF YAKIMA SHORELINE MASTER PROGRAM 17.01.020 Applicability DRAFT 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: 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, are not subject to this title, 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 are not subject to this title; 4. Maintenance of the following existing facilities that do not expand the affected area is not subject to this title: 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: 1) new agricultural activities on land not meeting the definition of agricultural land, 2) conversion of agricultural lands to other uses, and 3) other development on agricultural land that does not meet the definition of agricultural activities (e.g. processing plants); 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: 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; 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 non-federal activity is subject to this SMP and must obtain a Shoreline permit; for example, 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. Non-federal development or use on federally owned land is subject to this SMP and must obtain a Shoreline permit; 5. Development on non-federal 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 18 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM federal ownership unless the state by statute has ceded all regulatory authority over the federal ownership. 17.01.030 Findings Consultant note: Section to be inserted at time of Planning Commission recommendation to Council. Typically, findings would state natural and built environment conditions that illustrate local circumstances. For example, the findings could describe the Yakima Greenway as an important consideration in the SMP. Another factor could be the presence of existing development along manmade lakes. Yet another could be the importance of the Yakima River in terms of flood control and habitat. 17.01.040 Purpose The purpose of YMC Title 17 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 (RCW 90.58) and its Administrative Rules (WAC 173-18, WAC 173- 20, WAC 173- 22, WAC 173- 26 and WAC 173- 27) 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; and K. Provide for no net loss of ecological functions cumulatively from both individual permitted development and individual exempt development. L. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. 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 May 31, 2013 19 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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. 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 17 conflict with the requirements of City rules or regulations, the most restrictive standards shall govern. 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. 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. 17.01.080 Effective Date The SMP is hereby adopted on the XX date of XX, 2013. 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. 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 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. "Act" means the Washington State Shoreline Management Act, chapter 90.58 RCW. "Adjacent" means to be nearby and not necessarily abutting. 20 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM "Administrative Official" means the duly appointed City of Yakima Director of Community Development, whichever is appropriate, or their designee. "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. "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 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. "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 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. "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. May 31, 2013 21 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT "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" includes 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. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. "Aquaculture" means the culture and/or farming of fish, shellfish, or other aquatic plants and animals. Commercial aquaculture is conducted to produce products for market with the objective of earning a profit. Non-commercial 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. "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. "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 re -directing flows that pass over the top of the structure. "Base Flood" for purposes of administering Section 17.09.020 means the flood having a 1 -percent chance of being equaled or exceeded in any given year. (Ref. IBC 1612.2) "Base flood elevation" for purposes of administering Section 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 Section 17.09.020 means any area of the building having its floor subgrade (below ground level) on all sides. (Ref. IBC 1612.2) 22 May 31, 2013 C 0 F 0i YAKHM "vHONall ANII PAASTEk 1FROfluRAa'`I "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 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. "Breakwater" means a fixed or floating off -shore structure that protects the shore from wave action or currents. iiV4i° V_£"" �9gIa9 ,£ah h��£"Vmrfl�i d1q G.bl IU£' is k nd inm ons o aY I�VV,f V that a o a ik�lll£`q atsP6 f WIIG?' YCNiCsW6Va�s £1 Oi phµ iieaN es and d4".cr au e", 1110 the buffer k) d� s Vete a1I ,,,,a s I9�'�'D`wPll4�£m,] 't„ih,U� rhe ml R911eaN off �.Y4n ffeif 8��°OV m"uOVU the "s a Iirr) E. "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. "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. May 31, 2013 23 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT {l.nc IlllxlIod SII Iri l� lid`&,I II IIVI� uVaWhc)ylloIII,, �llN0. i!111iI uJ nyrud!1fUVV�'� 101 : 111"ll �V"II �.fEV (41["Y(,�eIIIt uls;'�i fs � 4�1flf� s�Y M .. Ia. .... ,,,.,,�, e. ,..... ,,.,, �_. �........ .�. ..,..W Vur�d�facu e! aQ,yjU4 y+ti iui�.IuuuVlluuy Iimfl, not Iurmt ul;rA I'ro & ,ur tvi:lwr hf 's d finit�r.,� P euuu Iluugd� ufau„iiu w + �I,uyRuiu fryf^fut d�ld � r .Kab�r..ry. V�ua.�yl �)tv e .sena pl�liAu a la goni�li�u� I I�r�iai�a.Uy f Smr.0 y �t�i..�.�. ra�aydy��'.gM".,G.m fsu�gal fs yl au�im �c� ulProu ; 0ud dfuu f�sTiirw, i usmG doe,, n(,o, iwludi—,i , I E�uu��Nu,uubf.le,� e ;riff;"kv IdtiibN-0" ..�@q ttiq°�,M. frg4 k�"40 ( stIlf,9 f VOt,n'^, ho 014' rvRkN '�Gl•� #�N''dl d�a4 �BVtlf '8' I9#°Blf p V 4. 1 9��1r4aP'� frooh,Ay-, iw'4++(furg1 b,ol t wf 4ai �� ��r i� �� M ..a,.�y�.i a�.n..Sht-4,11,-CH w+w� 444�: � u��unf�f�uu^auu����uy �����u„�,..��f,-kwo-;;•f•�yr���l���r�ti���w��.r,.�����i����P��a-�����������:f i•w�wk�a°�y��mlJ I��,��.a�u f.��-���f&�� ���a��B��a�� .�.��y�y�f.�s����dti�� Il��tia�� 1�w4A41Wv„..64A-u.kov,�r- nc)A 4�14�4 uiAf? a Iii”Al-f1 ) a f 0,+y-'af,'�d �4(-) fl"1af 1-a 1;,oi4�0:-14.,s "Construction" means the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a project site. "Critical areas" as defined under chapter 7,0,A 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. "Designated" means formal legislative action to identify and describe a critical area. "Department” means the City of Yakima Community Development Department. "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. "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 5F1,, 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. 24 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM "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 Section 17.07.060, 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. "Enhance" means to strengthen any of the basic functional properties listed in Chapter 17.09 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 30 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 non -conforming 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. May 31, 2013 25 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT "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. 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 shore 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. "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. "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. 26 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM "Flood -proofing" for purposes of administering 16D.05 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 condition, 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 16D.05 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 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 May 31, 2013 27 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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. "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. "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, rip -rap, and similar structures. "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. �..... ._...�. ...w _.v_ _ �.. . M.. uou� pca W rcl�dklA i-�.a..u�o�r�ou��' y.Jnvas_...�.. �. �. � i� � Q y I 9 M bVU qDr� � "ara VU I V�4 w S��kC...� .... .. .,..� ......._ a� p��d��II�,1k' N"C � �I� . C � "b�. se( IIVaseI")'Q'.; and otheII' �aidke a:aa' riverbed mater0a::tl "Hydrologically Related Critical Areas (HRCA)" include all those areas identified in Section 17.09.XXX within the City of Yakima which are important and deserving of protection by nature of their value for the functional properties found in Section 17.09.XXX. "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 30 days per year. The 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. "In -water structures" are structure 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 28 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, recreation, or other purpose. "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 Section 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 non-metallic substances of commercial value. "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 Section 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 16D.05 Section 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 May 31, 2013 29 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 Section 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 a character distinct from that of the abutting upland. "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 non-priority 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 232-12-297. 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. Examples include heron colonies, seabird concentrations, and marine mammal congregations. 30 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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 project proposal. "Provisions" means policies, regulations, standards, guideline criteria or environment designations. "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. ...�."uia irusu foGtGuuGns a.. ......deroved from (lu0Q LiW FhessGnce of Ole µy�VaH u4or� �w: G�CUC...YhIIG2." l... that d.lw�ro d�4.... ..1 t.........' 4s�¢S...' a�VGti �� h�p�.G...OG 0� sa�wwOp�G GG IIll4l'Q D� q,UO a ywjj ab�'..tGX'..... ... s tl f Re�pfl la�G �lpti" ,9i bG➢s sd 4di CYnG sp sikiG J4 4 wViWpItlIG ipdd s ("G➢9GMPBhd'„r 4 �gs�l'BV6I w Y(adnc) 4 amd kv6lcir tij aC s dwrgd �, ,..n. r �® �.........� ..... .............a�.............. %.n�...._.... a c a .. ....�....l p,Eivale Q' ffi�fl;.FV�ers�;T�i ,,,......,. ,�.x....,' �......... ...`�.t 1D4�(AiJ ,Vtle ��a'�w�'G...m. ..... , � h���e.�IV�� w�pG���u II uGro � l��u��i �;.�f� U a���oG U u aG ��... �hpaw� wh�uu.��o°a��w o.aN�pG�ti uu��Va�bo. d Cd4.” �NW)�dlY&'M19 tlE N49lIkgG d tVd sv s4"r" NIdY" 1 @flw`rP Ly 41��Ji14 d dd IlaCii� Y68 sd�Ci s u �lI Bkvi-" �4ld 11 do s .... ..-1. ma.e,.. , z ,.e i. � .. .... ,., , � ..m. m....� e, h .m.....m , ,m �. ,m .ea . .. m . „rc h ow v.e.iis�...pir tec.:.t.p,u,,!� c L A s e of,,,ir ayjE, 6),od es b e I o w,t. ie,,osdouiary b!.J hi...w aieir n-ia r k m.:See l�p�� d"uG,,"GVlhdsi�hP�"� 4 � "�rsnp 4.k�'' GpG9 �pa�"p Gap §' �e��4P9ha6 l�k�nv f6��4 uWbldhfQ ����,� f��S�Igm "Qualified Professional" shall meet the following criteria: A. A qualified professional for wetlands must have a bachelors 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 bachelors 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 geo-technical 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. 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 bachelors degree or higher in economics or business administration with 5 years of professional experience. The five year standard shall be waived for professionals with a PhD degree. May 31, 2013 31 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT H. A qualified professional for habitat assessments and habitat management plans must have a bachelors degree or higher in biology and professional experience related to the subject species or habitat. Or other person/persons with experience, training, expertise and related work experience appropriate for the relevant critical area subjects determined acceptable to the Administrative Official. "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. "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 resource 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. "Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading of impaired ecological shoreline processes or functions that have been lost or destroyed through natural events or human activity, such as those listed in Section 17.09.XXX. This may be accomplished through measures including but not limited to re -vegetation, 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 shore stabilization structure. "Shall" means a mandate; the action must be done "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 32 May 31, 2013 DR p::.I. CITY OF XAKlW1A SHOR ILIIIIrN NfllASI ER IfpROGRANW"II 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. "Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. "Shorelines of statewide significance" means the following shorelines of the state: A. Those lakes, whether natural, artificial, ora 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 A and B, above. "Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the state; "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 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. "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. "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 non-structural modifications to the existing shoreline intended to reduce or prevent erosion of uplands or beaches. They are generally located parallel to the shoreline at or near the OHWM. "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. ................................... �.....__....... _aI Si ni icant means a reasonable likelihood of more than a moderate adverse„ im act on„environment R �” �' � � wtti6 i; B.�..n � m .end does not lerld 0kseli� qua ��..la��ziH�� la f:I ql ,I���fflihw�l� c ���ap� � 1 � wa�vo �r� t u ax�v May 31, 2013 33 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT a on Vhe oiruund a4quuu�Il� ab :'.a vb ueud psi, u11111dsaaQa.utrf 6 l.l.!. A/oi Jd�......,l�ait�a, ila�..6. V�a6�, Rgpa iuPa��etad art oN�, o au II t'rt 'w96 lYQbdY UI a'b11ad Y V d` " IIi"n9 11d;,'an Id iIs d [mmR c4 K ti 9 tq r In d W 1Cfl )W �_L,J 1&It tIu uR_^.r4kQ�uuV G'VaMI[(,)nro(,, rw r y �d be s vei e If ud occurred Vl'?DV fl ant e uDA )vkaO irn )acl" means ns a n c err o t,oi ��,e qu OVQ @ o an a6fl!on any()d fl'VQ IrMQMryi 0 VU 111U1."" aaUAl"cl ),ty, V rcaG90v r (1uIf a o iIaaBdflka i76ll 1�Q4bdoJ 'lid i oru (ion tut � ry,QJ a1°hI4 IIQ4 �Q' .H. .e ( w,.,. .. l a llaa IIII)6da6aates Oi cicfon cd uki cause mt...°1smaQ!Ub�d o V.)..6:: h( rafr.:�..Q.p, i� oQ nb1Cpo6 ber�a qui. 6:;DIr Qaip 6 6IIQ b aa�c1. Qd4b6 "aQJll1 6111 f0a1110 QD d�a9,1�Qa A'Q 4�LQb ,J affi fBVRVQ �RMa�pn o 0,-(J)S'r as„k"M 1Ali e bl`Ot / ,f�; IhlYt.�.(..1 �IJIQ "nd"�aQ uIIJI� .. .. ......._ ..._ ...... 1 I c6.bndQtOonSia. .c..d.a. ntifk m Niche wd„Q oII'Vd�o6 a��cs 4�u� It�tklw l (Q�r0d w Onlwa�rd�6Q�,W a a�esr� a �a� dd:,iQ Or nofid dwidJl kp ur6 d�dia fid,)ntior ha'bt lin LQQ'6 OLgI4a ft1t14 tions Or pI o ±a; ses ads 21 q 6�Lu,UWVvVr 1a, Q"�..'I L,y�J s4i1 _U...d.1 actIons fl"Ia t a r(,' 0L.C[lirr-6q,,v {)I atl'f' IIl<,el / to cc(,ur,, dAny pr9 Q I IkI i ry Ir aVt u"WtlIe -C II V0016u u aroQxua Uu� uobadp ds ia,, ° dduoa_h r d[I h( Q o�lher a Iddd�,A i.d.a P..aa..d�..d...IlQ�uu d. Q.��tUa. _II�uQ1.Rr..Q��a� �naoq��..rlid7�alu'd �Dli�ua �ao��1 � u az. _. da aadr id;etadeda,dli11 d.9 oIo1,;o6 ad.�,.iiudoidaiuy h e s r,1o`uaaar.d.k.:,dn..r...b^'.Ir elia is wgeol lir: darQadQ 6`d nll,i tuua (� d Q"Q GJVQb� V1 a1� f44PV6; 66DIi) 61 F6 V �,�i nIQ1611g 1�eQIrn 601 -Ie btu to ii¢10I0�',alkm or 0(:., auraA ,"' o o-BoO lab mr IIIippa➢cts abl���� fb6 a waAta9d�,gaa �IQdmammawdD prr�u�s�B d1r�i: "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, as defined in 16D.O2.322, 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 120 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 non-linear, 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 100 -year floodplain. 34 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM "Start of construction" for purposes of administering 16D.05, 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, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as 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. "Stream corridor," as used in this title, means those features listed and described in Chapter 16D.06.03 and related appendices to this title. "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 subsection (3)(e) 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. "Substantial improvement" for purposes of administering Section 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. May 31, 2013 35 CITY OF YAKIMA SHORELINE MASTER PR06RAM DRAFT 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 or Historic Places or a state inventory of historic places. "Substantially degrade" means to cause significant ecological impact. %nre a vona b�e and Q�N [N110D�9�Dfl QA6�Il ak��"" rne a l[,!,a flhEjj Noc0. IfloVVs ou,pt"rl k of the floogh 4y DSII C I\AZ a"a90 u4 d aadd C1vn,("' than a&i...,rnmw�._.ho...d.., B() &m(.,. .. "mn....... ...._...rO c�jI j.d. .II.��/4 p,...:.�.... �ry ®. cost '., ..be Used on a:kw�..aVs �by �1a�1".a.�.�...basis �fu"4h rll��9�Ur�D�°a��...ab� �.�V,d SillE��Pf°�O,N��c..���a�.�i[niiVist.V�«k1�'�C'.�'.i.i... &.11 �aV ��.�,.i �M 4/� B��Q,�'�dTWQ �. Q� 9 C �I �I G�d �,l�� �.,�?, ......... "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 stream corridor, wetland and other hydrologically related critical areas as set forth in Chapter 16D.06.05 (Functional Properties) and 16D.07.04 (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 non-native 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 fosters shoreline enjoyment. "Water -oriented use" means a use that is water -dependent, water -related, or water -enjoyment, or a combination of such uses. 36 May 31, 2013 DRAFT CITY OF YAKIMA SHORFIINE MASTER PROGRAM "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 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. "Wetland" or "wetlands" means that area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and 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 non -wetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. However, wetlands may include those artificial wetlands specifically intentionally created from non -wetland 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. 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, WAC 173-22, 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 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. rl�l t°.td�lli ti asG�d Hib@Yi�l+ � 4fV h�"tit I Y4 4iGf� aV �41CN �911yq`q! ruYbq�BGf N94 %��k, ������_ May 31, 2013 37 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT B. F�rI-4..rIaH Irr o���.���C�����.8 4����9ti e Ihw," �zV �L�hf�E e t9V'� l� a r 40'I `u I N 4 1�`dit4cl�II�aJYq P4, rrr� I✓Gi!e;4 8 f �I @��41hn ICl w 0 „ikre"��e � B9 4 Vagt d ( h � l� h rf i periTflt a r uVora�rtimi �iw ��b war �' � er &s,�i�u�u� E,u� on w uses of buy hanan Laky L _ tL C. Subject to Subsection H below, 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 200 feet, measured on a horizontal plane, or the 100 -year floodplain, whichever is lesser. D. Subject to Subsection H below, whenever the 100 -year floodplain has been identified by a flood on— ctuidif nronarnr4 hu tha Fcrioral Fmcr anter, i Man Aaanry hi it %yhara nn "flnnri%niav" r� suru,.. o y V —Nu y g ) ub.. —.11 .1-1-1 has been identified, shoreline jurisdiction shall be the 100 -year floodplain boundary or 200 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 200 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 B above, jurisdiction shall extend to the extent of the CMZ, but not beyond the limits of Subsection D. 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 200 feet, measured on a horizontal plane, from the ordinary high water mark of the Shorelinewaterbodys �a mA��Vir,tylIsc. Wotfjjin 200 feel of 41ur~ � rr9 trtr�a R kR i�.. , (wUa r� lw u�aie u_aLti �l nach'lw1,1111 to (' i!.'.,.a. C iBo'os � l ' our ,d e.4.e( uii,e �wu,en s i6r �°�.�'r�173 26 21..L : �..R states that��uP o ior�d�o�a�d'V.� r. 14�r�e�m!' h(M cwr�otai I e� r�� �e�� ter cf0ssr�, ; PI.W121 CITY OF YAKIMA SHORELINE MASTER PROGRAM 1Mffi r"x: si,mg, �cmd t pkins ! aafl IV eVVk/kulm1d,- fl dc, sipj B,,fiono-1III afNU s a ifRdrpo'scs,�ti N,n,c,W, ¢y0h .Iii GL(IIi� io aV'A ii Val paf,,eIIVVenII: v,)( 011c1ies, G:P;Sm11�wiiuciili'p:S i he I T'e4i1 W,�4u S f l ;..$fb Ehufi no­!'d414iV,(, 'o1 1,"14--4 h4G�u•W4,-'t"d4,1k km, iauh+gra I 4llP,"144 0`0411- 44'AfON4 1 H4 44 af+114AMP4444N y �, iu a� �� l a &�a � �u� ire , I �-�e�.����{s �i�� ����r�a � ;.i�� e lau � �F ��w���. it � i.riw4 a:h,, kh,'m - V0-hAR4 A i, 44ah,ral Ib � iwo e a.7„ �,�rbka� ^�N # ��� aa•NI;9�... � � •io- �� �?eR@.vi�•(" ')),IRa'PoM�,e�ffP��M1f �i "��e"I� � d,�i�r'B�;BI��s�����• 4�w �U''�r��al�#tl�IV& 4. ....�,.�;'B�'ll•�4 ���8,dlka�@k���,tl��4,d-0�4��aBld�Mw�,�,�..����d °��p&��&"��9^u ..� �a� r� ��a a o- m .i� ����i�� ,a.aaPi lean&��a � a as Iwa '• nw k im A 41i)i--14 +,,id ��1��ar9$��9I-��~x I�98��a.wrro�B&4�%�°.p.,�'�rtl�q�a.. �I I4E*�D�''��P®a{�-re��.a��^*a��Po•kd.��un aro��c9��i.�.�6N $ubf.�'z,,�I�b, �krp,Pti��,�94� ����. ���#a�am�.a�,aNn�?4�#,�198iF�4^�B'tl�+ei#N a. ��#d�u'r4�$Ny ara�C�� �& ��� �flM�:6��97cb4a1 L�arx.��,.�Y"846Vftiox...G4R;�IP�u�;iUR,�il#0s.,de�,�. a04v°9���lti" �fr�..•�I•��:�n����i�.�.c�t-�•���&�,a�� °°��l��f�f ����u�°a im�ru�m���`�d���a.����...`ia������G Y"�a�Yr����saa-��.�a������Ua���ar-���°g-p� �a��•9a•����c�1��.�.�;u�n�,�-���aa�Ea���a�i�ai fikvAf,+l VV, oat 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. 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: May 31, 2013 39 CITY OF YAKIMA SHORELINE MASTER PROGRAM 1. Lie in the city limits and urban growth areas; DRAFT 2. Are planned for development that is compatible with the principals of maintaining or restoring the ecological functions of the area; Are suitable for water -enjoyment uses; 4. Are open space or floodplains, or; 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 mitigated. 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. Are planned to accommodate urban expansion of uses listed in #1. 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. New stand-alone residential uses in the High Intensity environment should be discouraged. 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. 40 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 4. Development in the High Intensity designation should assure no net loss of shoreline ecological functions as a result of new development. Where applicable, new development should include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law. 5. 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. 6. 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. 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 waste water handling facilities. C. Management Policies: 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. 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. 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. 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. May 31, 2013 41 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT Multifamily and multi -lot residential and recreational developments should provide public access and joint use for community recreational facilities. I 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. 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: Specific criteria for the Aquatic designation are lands 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. 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. 17.03.070 Shoreline Use and Modification Matrix Table 17.03.070 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 YMC Chapter 17.13 (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 P ermit 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. 42 May 31, 2013 RAI:1 01)(CN YAKIIIMA SIV.Nt:DRFLINIi MASH R 11PROGIRAIM Table 03.070-1 Shoreline Use and Modification Matrix Shoreline Use or Modification 'U M C C V ate. .� > U ° Y Key: a' S = Shoreline Substantial Development Permit of Exemption ;; c ° m' o 0 C = Shoreline Conditional Use Permit L � c � p X = Prohibited N/A = Not Applicable °D s° ' e Agriculture Agricultural Activities (RCW 90.58.065) S X S S S N/A ......... __....... .... ....._. _....._....... _�. .... _._._._......._......--._--- ..... .. Agricultural Market, Agricultural Stand (Zoning) S X X S X N/A (Zoning) .._............ _ ........ .. ....... . ........... Winery and Brewery .._._ ._............... _............_..........._.._..-.... �._._.. .... ( S X X S X N/A _........ �.w.............................................. ..........�.._..........._...................._..__.................................................. ... _.......... .................................._..............�._........._.. Agriculture -Industrial w . _� .. .��__����..�_ ��............. _._...._ ..... ......................__..������.............;���__........ Agricultural Chemical Sales/Storage (Zoning)Errorl Bookmark X XX.................... ��.. XN/A........... not defined. Agricultural Related Industries& Storage (Zoning) � S X X C � - � � � ........... - X N/A Concentrated Feeding Operation (Zoning, Regional SM.P.).......................�........X.....�...�.� �.�_..... X�......�.�.��.._..............X.�.........��.......�........ X��................,..�.�...._��.�..X..���.�.�_���._............_���........... ...... ..... _ .....__...�_______ _�... _m___....__......___..___ Aquaculture _..... w................mw.....rw_................................... ................m......._....................................................m......................... rearing (Regional SMP) .... ........._ X W ..............._...... --- - _----------- X. ........... Commercial X X X X X X Non-commercial S S X C C S _ . ( SMP) .____.--_-.........__ Processing Regional ........� X X X X X X Packing & Storage (Regional SMP) See Industry/Manufacturing/Storage Boating and Private Moorage Facilities ...-..m.- ....... _. (Regional ) Boat Launches Re Tonal SMP _..............................................................................................................................................................................................................._ _... .._.......�.................. Private � S X C X X See upland designation Public/Community/Commercial S S S S S S _. .... .__. ___ ... .. ..... ....... ..... Pier/Dock Residence Facility to Access Pier/Dock, al N/A X S X X S Watercraft (Region SMR) Pier/Dock for Water -Dependent Commercial, Industrial, Aquaculture, or Recreational Use; or Public Access (Regional S X S X X S SMP) Commercial and Service Development Retail, Trade, and Service Water -Oriented (SMP Guidelines) S X X S X C Non -Water -Oriented _...._ .... Non -Water -Oriented, General (Regional SMP) s/c, X X _ C �X _ X iuY...°.k1� ieu rad u,,lw I [ kJ6iJ.:e.l.l. _.....�_.......��_..._......._.. .�.�� ..�� ��-. )M C , Non -Water Oriented Uses, Separated from Shoreline S X X S X X (Regional SMP) ........ ..... . ....... .... _ Mixed-use' project that includes a Water -Dependent S X X S X C May 31, 2013 43 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT Shoreline Use or Modification '°D N M LL M c c a m m a v, ,a_?+y N V O Y Key: a' oc c N c S = Shoreline Substantial Development Permit or Exemption m c u° 3 C = Shoreline Conditional Use Permitm — c c m X = Prohibited N/A = Not Applicable ° Cr Commercial, Industrial, Aquaculture, or Recreational Use (Regional SMP) Outdoor m Community� anufacturing, processing and storage Services and Institutional Uses (Zoning Code) S __ ..... Water -Oriented SMP Guidelines) S X 5 X C Non -Water -Oriented Non -Water -Oriented, General (Regional SMP) C C X C X X Non -Water -Oriented Uses, Separated from Shoreline S S X S X N/A (Regional SMP) Commercial, Industrial, includes pendeWW ......__. Mixed-use project that includes aWater-Dependent Aquaculture, or Recreational Use S S X S X C (Regional SMP) Health and Social Service Facility (Zoning Code) S S X X X X __..w_..... _. ding (Zoning) S X .. X X X X Mixed Use Buil„ — e......_ —..—. Dredging and Dredge Material Disposal )redging for Water -Dependent Use and Public Access (Regional N/A C N/A N/A C C SMI>) _ Dredging for existing Navigation Uses --- - - �--......�� ses (Regional SMP) N/A X N/A N/A X C ... ............ .�...... Dredging for Habitat Restoration (Regional SMP) N/A S N/A N/A S S Dredging,Other (Regional SMP N/A N/A X X_...N/A I X _ �...���. .�.. - Dispos I of Dredged Material, (,�e ,� i r'al, S S X X/�X/� �' X Ju. r. lro k� r9.�i anti n .. . . ... . . . .9 . . .......... . .X . ............ ire �stq;ri care ab � +f Mti?9� Dredging Maintenance Plan N/A S N/A N/A S S Fillmmm C /C Water and of the OHWM i.�."'��. N/A C N/A N/A 4C _.. .._...� �. ..�... �_._......__.... _.._. - sn,�auapwi'jI Pool rni 6"'wjw'or n Nm, �b dg / �, N/A � t Up. Re i..--.�rr onal SMP S S S S Ian of the OHWM, a.. _. grl axnm �V UVi> Q1VY'VV' 'I �I a y�l_Ilir_°s, n11 � 1��i� I I n 5 � - - ___- Flood Hazard Reduction Measures Modification of Existing FloodFacilities (including ����� .. Hazard Facilities S S S S S N/A relocation farther landward) �... ..�— ..........-----,.__-- . .... New Facilities C C C C C N/A _ .......,_ ...... ..,,___.------ _............. _ ........ Forest Practices .... Fore. — _--. ... �. .._._..... m.._........ .......... .... _. . N/A Forest Practices N/A N/A N/A N/A N/A ridustry / Manufacturing / Storage ( mlines) S X I X C X C JVater Oriented SMP Guidelines) .-1111 .. ll ......_.m� .._.-�.__.m 44 May 31, 2013 DRAFT Shoreline Use or Modification C C Key: �= u Y S = Shoreline Substantial Development Permit or Exemption N ar c C = Shoreline Conditional Use Permit " C c v X = Prohibited N/A = Not Applicable S L Non -Water -Oriented u General (Regional SMP) '/C ivIIB4i4co Outdoor manufacturing, processing and storage Separated from Shoreline (Regional SMP) S Mixed-use ' project that includes a Water -Dependent c v Commercial, Industrial, Aquaculture, or Recreational Use C S (Regional SMP) 9 L In -Water Structures www ....www.�� ..............�........� ��....-..... ,,. �- To protect public facilities �.._..... .._ C ...... ................_ To protect or restore ecological functions S To monitor flows, water quality, or other habitat characteristics X S (her C Mining X Surface Mining (Regional SMP) C C..... Underground Mining (Regional SMP) X Mining for Habitat Restoration (Regional SMP) _ ........_._......� X S Recreational Development „_a.......................................�.................................................................. .--.a._......... .. Water -Oriented (SMP Guidelines W a High -Intensity,, (Regional SMP) S ���iRiblu I�"V�d 61 4d`�, ti"ra,rutlYt u�dl � lyp idt ori 4��`. I�rh uk,Ur'yti 6"N�tst.orrl tiatmTitr d u a. Moderate -Intensity, ^,k uq ,lp (Regional SMP) S .,..�. , �..'..'.. ' ...... , ` .. oi, ad ed (o' ��L�>Uod:Od dr !age � . ..�.............. _...__ Low -Intensity (Regional SMP) S Recreation Maintenance Plan S ._ ......... Non -Water -Oriented (SMP Guidelines) General C Sites separated from shoreline e S �.... ......... ��.. Indoor (Regional SMP) Residential� Development Mingle -Family Dwelling (Zoning Code) ,'cce�ss ry Dwelling Unit (Zoning Code) CITY OF YAKIMA SHORELINE MASTER PROGRAM a C C C �= u Y > N ar LL c " C c v � S S S C u �M m v � L c y V p �C > c m c v Mc 3 +� C l IQ 9 L °_ ° 0D X X x x x X X C M XgN/A X X C X C C C C C C S S� S S S 5� S m � S S S m..........._..................X........................................�.X ...... X X S S S S S S S r.C` " ic' /c .......... S S "/C'' /C S S 5 S S S S S S S X X C X X See Commercial and Service Uses May 31, 2013 45 N/A N/A CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT Nf,, w )tghways, Freeways, Arterials & Collectors (Regional SMP) _._.........M S ......_ S C "C' _ __ _ [ ,m. ...n <,. < S W.w B,idges S S ..� �, ��C" C' "",/C` 1 r�r 491 r ?,pbRe�, .. a `.... ... ....... Transportation Maintenance Plan . ..... S S S S _ .... S N/A Transportation Maintenance....._ Facilities (Regional SMP) C S X C X X _ fHm,°e„Rhilwa s(RegionalSMP) S SSC' ._....... .......... l ?ihm�slo„ ?.,. _.. _ .. ._. Parking for Authorized Use (Regional SMP) Reviewed as part authorized use.. Park and Ride lots and Similar Stand Alone Parking (Regional C. S X X X X SMP)(�rnYrc�Gt IN�ai d���r �,r4� I�e� t��u NrU4( �(u �A i� �r I . ......... _..... ............ ,_, ,..........., __. �n_L... Utilities Utilityice Accessory to Individual Shoreline Projects Reviewed as part of authorized use. 'Regional tion (Regional till y Services to Projects outside Shoreline J..uisdicisdicr7 S 46 May 31, 2013 DRAFT Shoreline Use or Modification Key: S = Shoreline Substantial Development Permit or Exemption C = Shoreline Conditional Use Permit X = Prohibited N/A = Not Applicable SMP) #IM: ,_Power Generating Facilities (Zoning Code) Utility Transmission Lines (Regional SMP) Utility ServicesGeneral (. Var � , (Zoning Code) b �ir,poia0m ri Cd iiut a 1tij�a xr i°1C Utility Maintenance Plan Wastewater Treatment Facility .._._... 4� �.,� a�w+��a�a_Grr Mlgrrq,�,l,M1 I d�z u)aM��� V <4qh a�� baa �cua lduuruM f� i for r�u CA 0 WMC Hw 6`ICLV.1AtJZ-4Kn „4 CITY OF YAKIMA SHORELINE MASTER PROGRAM u k ( X W'.ublic benefit; .�,444_h public access for substantial numbers of persons or shoreline ecological restoration. 2 k fi tl l 8 k ,� b aS d Cr L 9 W' . A,,1�rr iir� ��6,�aai�& i.3us.�.rsi��1.����r...i a�a1��9k'a�li,�.�(-q",-,��wma ��i� l.�i�a� am-��R i.;1...tiided Ateii_„ improved rights of way, levees, previously legally degraded land, or existing Impervious area. 44ivit-k,44(,A,,,, F� nhp ...,l�fi.�u i. ,.p' nl6 d �N mSl i ° 4 d ( a,i���, ��� r�44Y(,rk �N���u����rrc�aa��l�%roi���b�ia:�li����.i��irNrece�.�����i.l.����r����i b!��#���'���d��l.�(�:��ra�a•���t.i-����I����tia����•����a..a���l��i��i�������r.��,�Rq�����. i��„a-�w;C4-Wl.i��-�"� 94��'i��N44 u'&...�IaiNP=�b�tl°V�4� �-�,�U�����•k���ke�l ���r�"^��N�&��6•��. 4 , + :r'�# A+4, P.i+,er-0' f@�°1R iq�4v�a i � l,a '.. Y�9 V&i•.y. rWN�k'J aPir� �l tlidl” � 4� mdd .r-t�R rdk°4. :8 wi a rVhQ.YW` ali � P°4, v i tl r °o rb°� l,��rer�h4� n���l��u;°�p-�r�u�M'�kuan��d'�'�dwA'�.�.a..�t�'�M"•�'��'�R���d��°'4'�: ' Construction of a manufactured home on an existing lot is permitted as a "Single-family Dwelling." pp..XyX�»4"1)4y fld%Q�.q'�nutvexl nrtlru ixe(J. use.R.....r � a�6 D a shurehine devek � �.mdmen that II)(jud s a bfl� 4k� �rt �, 'R9P9rcaH,er.,,. OMd: C, yMIM y "Mixed-use burl..�,cian means a buildirl %p7 a cUrrrrj�t. r ia, dilstric t or pla�runed eve rnent useld [)�Lrtpy js�u ..ww� .. � `slti '{N I V'1m �� ai e 14{�' i t, Ir7V r l_ �G�N1i��'tlrVlly ad jLa `w 01 ; (� :Il'i PBS Y � I�N� Q�*re; 17.03.080 Development Standards A. There shall be a thirty-five (35) 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. 'o r (.r (1,315J �..aftfliwy torrmak, , ripruI� a "i r�rR cc�iMr�r�„IIS �nro ar the V�aINa�wh,ig c riter'ia in addition to standard variance criteiri.a.° May 31, 2013 47 a U i+ d C m c " c u � v y a `y t c V O v Y c O O > c u 3 0 c °/ o r 0 °o m vii L C `/C X C X C ^ /l C C C S S S .. I S ...�� S. C S X,( u k ( X W'.ublic benefit; .�,444_h public access for substantial numbers of persons or shoreline ecological restoration. 2 k fi tl l 8 k ,� b aS d Cr L 9 W' . A,,1�rr iir� ��6,�aai�& i.3us.�.rsi��1.����r...i a�a1��9k'a�li,�.�(-q",-,��wma ��i� l.�i�a� am-��R i.;1...tiided Ateii_„ improved rights of way, levees, previously legally degraded land, or existing Impervious area. 44ivit-k,44(,A,,,, F� nhp ...,l�fi.�u i. ,.p' nl6 d �N mSl i ° 4 d ( a,i���, ��� r�44Y(,rk �N���u����rrc�aa��l�%roi���b�ia:�li����.i��irNrece�.�����i.l.����r����i b!��#���'���d��l.�(�:��ra�a•���t.i-����I����tia����•����a..a���l��i��i�������r.��,�Rq�����. i��„a-�w;C4-Wl.i��-�"� 94��'i��N44 u'&...�IaiNP=�b�tl°V�4� �-�,�U�����•k���ke�l ���r�"^��N�&��6•��. 4 , + :r'�# A+4, P.i+,er-0' f@�°1R iq�4v�a i � l,a '.. Y�9 V&i•.y. rWN�k'J aPir� �l tlidl” � 4� mdd .r-t�R rdk°4. :8 wi a rVhQ.YW` ali � P°4, v i tl r °o rb°� l,��rer�h4� n���l��u;°�p-�r�u�M'�kuan��d'�'�dwA'�.�.a..�t�'�M"•�'��'�R���d��°'4'�: ' Construction of a manufactured home on an existing lot is permitted as a "Single-family Dwelling." pp..XyX�»4"1)4y fld%Q�.q'�nutvexl nrtlru ixe(J. use.R.....r � a�6 D a shurehine devek � �.mdmen that II)(jud s a bfl� 4k� �rt �, 'R9P9rcaH,er.,,. OMd: C, yMIM y "Mixed-use burl..�,cian means a buildirl %p7 a cUrrrrj�t. r ia, dilstric t or pla�runed eve rnent useld [)�Lrtpy js�u ..ww� .. � `slti '{N I V'1m �� ai e 14{�' i t, Ir7V r l_ �G�N1i��'tlrVlly ad jLa `w 01 ; (� :Il'i PBS Y � I�N� Q�*re; 17.03.080 Development Standards A. There shall be a thirty-five (35) 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. 'o r (.r (1,315J �..aftfliwy torrmak, , ripruI� a "i r�rR cc�iMr�r�„IIS �nro ar the V�aINa�wh,ig c riter'ia in addition to standard variance criteiri.a.° May 31, 2013 47 CITY 0pYxn|xxASHORELINE MASTER PROGRAM DRAFT B. Minimum shoreline lot frontage shall be consistent with underlying zoning and be no less in width than the following by shoreline environment: High Intensity, Essential Public Facilities: 35 feet Shoreline Residential: 50 feet Urban Conservancy, F|oudmey/[W1Z:6Ofeet C. Shoreline buffers: See YMC 17.09.030. D. Minimum structures setback from side property lines in shoreline jurisdiction shall be consistent with the underlying zoning and noless than Sfeet. 17-nq-nqn Official Shoreline Maps and Unmapped or Lindesignated Shorelines and envhWVT)E.1 A de, 'i d1 be considered the (AIkJid versi n and may emit -d ion, 100 and YMC 1T 13.3.410, 48 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM h 61!a aaddd4io ?a'l.d..l.a �.i��""ah .aVimmiawrlt tua ah a" arr.'..Dulr�rr r.",Ir;.laa�ii hl�u� Ghi..�:..does ...lro(A lira.m..�',.� the a:ro ed a h)I[ 'dIoId"lhn(-u pivaii(I6 Gldasd,..lf� o-h8l��i�a 9�a ,epa9mio t„� Gdw dgld lc�I t -w”,"^�✓�II� PRevr ": CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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, Critical Areas in Shoreline Jurisdiction. C. Mitigation Requirement. If a proposed shoreline 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 Section 17.05.010.1) not required. In the following circumstances, the applicant must provide the mitigation sequencing analysis described in Section 17.05.020.D: 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 when an action requires a Shoreline Conditional Use Permit or Shoreline Variance Permit; or when specifically required by regulations contained in Chapters 17.05, 17.07 and 17.09 of this SM P. 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 Section 17.05.020.0 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; 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 overtime 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 Monitor the impact and the compensation projects and take appropriate corrective measures. E. Mitigation Plan. All proposed alterations to shoreline jurisdiction that may 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, Critical Areas in Shoreline Jurisdiction, a mitigation plan must include: 50 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 1. An inventory and assessment of the existing shoreline environment including relevant physical, chemical and biological elements; 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; 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; Scaled drawings of existing and proposed conditions, materials specifications, and a minimum three-year maintenance and monitoring plan, including performance standards; A contingency plan if mitigation fails to meet established success criteria; and Any additional information necessary to determine the adverse impacts of a proposal and mitigation of the impacts. 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. 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 - 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 17.05.010, 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: May 31, 2013 51 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT removal of native trees and shrubs, removal of non-native trees or shrubs that overhang aquatic areas or stabilize slopes, or removal of native or non-native 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.O1O.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. 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 Ler uiieu 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. L 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 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. 17.05.040 Water Quality, Stormwater, and Nonpoint Pollution A. Do not degradeWo t@c �anw(. tlo is ani f�gr'9 iuf ns, 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, soirW�f�rl��u w�P�u .JRia,•Ei nn iRh ua.P g p.o, c „ :-n r9 :�i� ,��u r r •i�o� u - i ; . a p c,�:. �•��mt:ls+,that there is no net loss of ecological functions. B. Uo not „dUl,ianfje vit,'Vvs a rvj Bt K nat9Y,�111 �J�� �a���Vlfll�[4 "e ��Q'xB�QYV d�'�➢tl� QII�, p �IIG�U� a n(j ���'� V'.e��g4 l; of "alR4�tl�i�901q fuse and 8�11_11k dQ CW�RN a 00a"a °Phan l IInc'O­11r P111 pie n- a ,ur a k)_�bll( g4 6�� T�IIIIG� Vlin�-Vlinla?I�U�11�a�V�IIYfrc�ce arid ...... !L^' .. .eifn aq-4 of,d %nnl @i ��nur� G;,�a�InC D l�'.... .. „ ., _ Lo n.� rr ua a� �`nP �nG n" n.9 m�tl�0 n4 .,z. G"1 V" V�.Y:�' .... ...... Iw ,� G.�o .,✓ q c u11 A ung Nnn�icaklrn� SII N`k ➢,r�mQ"� 1f 4.:N rc�4 ar nP. �.V nn rcn....... 4n Y V JII�nANtlO�I„ ..0.P0. .. G.., ..... �. n sa Q� n '� a _ w n7(VVidaPa�',II VuPI II�tl�..�.�nUn� a,J�P�&IkgU'�.P;.,JIn¢a6nn�.Y��„Ir'nVE �U„4n'��"am nhn�P lin rcn"� f�"Ifnca _ �._ PPn u�_nu��a �aunnoP :aa�nll�l unP.n,nur of a� a�uu�.ee. Pua_lan ycuiaitpsmhp^e_hh! ai �'n) I00('k or iiawgdnr...n aim.°W Pfdwaa a fpu�t� iuodla !q from a substantial„nurnber of residences Der F0,CW 90 58 20,,,o if water a Lap [ ky yreir� viskl niC a1 Bid n�i a ..........,. Gn 11le't the Pdtiy, m90 .U..arrPj,._n "::nglfQIr��lNP_a a.,�. 9.15..fimS SU Ch rn' ......... ... uaOlipjln"O iri! �II";iUVlln i nPm x011 QPII pnP".'n dOnnpy., a n qq 52 May 31, 2013 DRAFT C. Requirements for new development. CITY OF YAKIMA SHORELINE MASTER PROGRAM New development and re -development shall manage short-term and long-term stormwater runoff to avoid and minimize potential adverse affects on shoreline ecological functions throughcompliance withthe latest edition of the Stormwater Management Manual for Eastern Washington or approved local equivalent if applicable to the project i.i a f,'u taip � t' uu r ;h('Ads ud� a,- not uz.l.(:":I i��a� a i4Fvei4 h nY�4 nVG bhw4&� �I� l„Q II ary(YV lla Ik �d,. mdt VA"1t as ., ?� rI a�%���'� c” . .. '." .Im.. .n.� �r��nlu �&uu a���n�nrwrP d � hu�anunar �� ulna ��� hr�u�eu9Ki«w �?._.�h.1.... _..... Voci iiuou4lent, best.unaonagenuennt nnii�aur lFj'i'II1ni u, tl tjo 11 en� e . �oypd..�na avoki and uuuuiuru-n 11a a l�" 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.a Iln� �un'gd �u.�..uU°U Ilud uu�u�. n_u�, Flesl;ua.uu� es, IiwR h�iin:i1(J,e, and h�rflotl za ors r�ll;wuukj Ilan ;pi p lliJ uop a unuauunciu n Vu c1-111111 -h mkiiii.nnes (tred d dsa:...p.y..4uo a u tl nun.�..o.�an�u 400_mc c huh n,c fn n� ,iuu haul nwln)ta nd d fur ,';ubah tllapaah1,J[ci a oGIIBni[,,nf o,uat � fV Iiii d IInleI s> atIlu its ai�ntl� iukl h.�i� ad Onist�",`red i V.iV� ��(Drda nc �"WJ h V i wh ouunw n9:au Pot.e n.,n iio n ,f!ew1v stagy odards. E. Sewage management. To avoid water quality degradation, sewer service is subject to the requirements outlined below. 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. 2. Any new development, business, single-family or multi -family 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. 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. 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 Jha lunot 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 May 31, 2013 53 CIIY OV='YAII(IIMA SH011H N_ NIIV!l NIASI ER PROGRAN I DRAF11 nexus and proportionality. Public access requirements on privately owned lands should be commensurate with the scale and character of the development and should be w�l�t°�i�,i�Ncldi r (h ­ q,ned ewe ��i�uk.�k �w ,�wuu td affected parties including, but not limited to, the landowner and the public. D. 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. E. Except as provided in Subsection F below, 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; 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; 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 non -water -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 doctrinea� F. 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 (1,320 feet) of the site, and 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; 54 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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. G. Public Access Standards. When public access is provided, the following standards shall apply. 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. 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. 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. H. 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. 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. 011 Q�iim y�aL �u��ir�,riw�ri iAerr.� u9m ouuriri:rr°rrrHr�N ataf� u�iro:i:y,..q�- Yakninn a Gre e11WL31Id�fAff.sip�m�l�..a,c.cess q!� inOude yt is 1ko Iil"ni(„ iu,.a �a%xa w4 rrr t l� � I..y. ru,nirirc tars .I. tw` (.. tii ia.a1_lw r ip r (A(-, �� �on.°ar,,�.. existing UracUiccesnor�t�c criibrfi��rg a body ...sirn0ar) in accordance fithofwat�r vita �r � f pi m a r liipy „� N rutr,lr q u�iut; u��...�iriri � rle iia w�� �r r � -S on anothf...1'..l[oQf" �m'iy gaD u�w ytlbr roq rsaN of tkle,�ttl�iu dr7e "r� sfMl (A $rca0*1 (_a)UiVal roi WIC10SU1'e,, J. 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. 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 flood hazard management plan. 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 173-26-221(3)(b) [See Figure X of this SMP]. Applicants for shoreline development or modification may submit a site-specific channel migration zone study if they believe these May 31, 2013 55 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT conditions do not exist on the subject property and the map is in error. The CMZ study must be prepared consistent with WAC 173-26-221(3)(b), and may include, but is not limited to, historic aerial photographs, topographic mapping, flooding records, and field verification. The CMZ study must be prepared by a licensed geologist or engineer with at least five years of applied experience in assessing fluvial geomorphic processes and channel response. C. The following uses and activities maybe authorized within the CMZ or floodway: New development or redevelopment landward of existing legal structures, such as levees, that prevent active channel movement and flooding. 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 impacteaItrunctions aria processes in the arrected snoreiine. 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 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; c. Buried utility transmission lines transporting hazardous and non -hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four (4) 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 (100) 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 56 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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 non -hazardous 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 non -hazardous 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 (100) 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) above. 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 geo-morphological 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. 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. 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) 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. May 31, 2013 57 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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. G. New public and private structural flood hazard reduction measures: shall be approved VVIICII a Jl.leI1L111c and e11g111Ce1 lllg 01101Y%ZoIJ UCIIIVIIJ LI pICJ UIC IVIIV VV IIIg: 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; 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. shall be consistent with an approved comprehensive flood hazard management plan. 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. [provision relocated from County's shoreline stabilization section] 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 58 May 31, 2013 CNNY OF YAKN AA SHOREN IIN\U6 MASTIf ICS UsROQ',iiIIRANA 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. 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 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 geo-morphological 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 analysis 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 Title 17, including Chapter 17.09 Critical Areas, 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. l ,r "J S, I P O UNI /S 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: new agricultural activities on land not meeting the definition of agricultural land; expansion of agricultural activities on non-agricultural lands or conversion of non-agricultural lands to agricultural activities; conversion of agricultural lands to other uses; May 31, 2013 59 4. other development on agricultural land that does not meet the definition of agricultural activities; and agricultural development and uses not specifically exempted by the Act. o aled alenu in,fl feeding operations (see definition in YMC 17.01.090) are prohibited In ^,hor h�:i�ai�usp aaE� ilwaw 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. 17.07.020 Aquaculture The following provisions apply to any development, construction, or use of land or water for aquacultural purposes within Shoreline jurisdiction. A All n. tructrnc lr rntnd Within .ntrhlioc chmll notnrorliirla naviahility of thnco %Alntorc at anvtimes — s, I .-1 -1... .1.....« ... I--, 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 non-native species, or impacts to shoreline aesthetic qualities. C. 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 and B. 17.07.030 Boating and Private Moorage Facilities A. All boating facilities 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. 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, or industrial boating facilities shall: comply with the health, safety and welfare standards of State and local agencies for such facilities; 2. be so located and designed as not to obstruct or cause danger to normal public navigation of water bodies, if applicable; be restricted to suitable locations; 4. avoid or mitigate for aesthetic impacts; 60 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM mitigate impacts to existing public access and navigation, if applicable; provide documentation of ownership or authorization to use associated water areas; 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; 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 adequate access, parking, and restroom facilities for the public. Such facilities should be located away from the immediate water's edge. F. Private residential docks. Aspen Lake: the maximum length of docks is 8 feet measured perpendicular from the OHWM, and no new dock may be situated directly across from an existing dock. Willow Lake: the maximum length of docks is 12 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. 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 expansion of existing launch facilities is not feasible or would not be adequate to meet a specific recreation or safety-related demand. 17.07.050 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 non -water -dependent commercial uses. Secondarily, water -related and water -oriented uses shall be given priority over non -water -oriented commercial uses. B. Application for new commercial or community services shall demonstrate either: May 31, 2013 61 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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; 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 Section 17.05.040 and ecological restoration, or; 4. That a non -water -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 Section 17.01.090, may be allowed subject to compliance with all of the following criteria: 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. The underlying zoning district permits residential uses together with commercial uses. 4. Public access is provided for substantial numbers of persons in accordance with Section 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. Residential uses meet requirements of Section 17.07.130. D. If required by Section 17.05.040, commercial and community services uses shall be designed to facilitate public access to and enjoyment of nearby shoreline areas. E. Non -water -oriented commercial uses shall not be allowed over water in any shoreline environment unless they are accessory to and support water -dependent uses. 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 should 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: Establishment, expansion, relocation or reconfiguration of navigation channels and basins where necessary for assuring safe and efficient accommodation of existing navigational uses. 2. Development, expansion and maintenance of essential public facilities when there are no feasible alternatives. Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes. 62 May 31, 2013 DRAFT CU.U.Y (DIF YAKROA SHORF UNI[ IlAASI ER PROGRAM 4. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat. 5. 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. 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 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. F. Hydraulic dredging(esv e d h 6tk)n km Y�Nl I / 01n09() or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging. G. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials. H. 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. I. 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. J. All applications for Shoreline Permits that include dredging shall supply a dredging plan that includes the following information: The quantity of material to be removed. The method of removal. 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. K. 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. 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. May 31, 2013 63 4 V"i"Y OF Y .KpgOA `MOIIal ILKIiiE MAS,U l:IR PROGRA.IM DRAFT 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: Water -dependent uses, public access, and cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan; 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 Section 17.07.060 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; C Maintenance nr inc*nIIn+inn of flnnrl hn7nrri rcrillrtinn monctiroc rnncictant %Alith a J. IVIC1111lCI1a 11�,.. �.. VI 11 IJ lu ��u ��v.. v. ..WWM ...—w .1-1—.. ... I...vw....................... ......... comprehensive flood hazard management plan and Section 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 any affected Indian tribes and comply with applicable provisions of Section 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, particularly regulations governing floodways and 100 -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. E. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material f,.bf qlr d koro, i " pu„�„ y,,,r �ilh( i �v rinc��r:�, with a minimum 64 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM potential to degrade water quality sII.0 uYW, hII,;" � ha�, Ji1( ( ulna fl�uons In dour edV._14) p II(AU d [fl 15-01 P!10/11'd )v �Q;DdBl, Vhik" i�� id VAI d O r:I O'eVIe,vf �,g6 eV ]I(,VB„i''.`id, 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 (TESL) 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. Fill should not obstruct, cut off, or isolate stream corridor features. 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 non -water -dependent uses. Water -oriented industrial uses shall be given preference over non -water -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 19444.. .-�. . ...from locating along the gysuch pi0i49MIr3 &1)fl hkPe3c°i5q011 1ilrh the U(arld p� t� r�tL�i Llgj� f fi 11 ftL tN i t�� 0V(( ,G she l��o f�liq�w lu�w�la i���a rrb nl c nu �a 9 u ii,il :fl6Mu � do d w would L)de1y �n�utu a��-: ���P��aird� ws and_-,...vn.. for ..no net loss of ecol ical f unction. Vf q LjLL�u�u �n w��, ..�.... aA:o,) :��ovide .._.-�.�_W_-.._.._.r... (oun trr aaj tl tti Rmtl W the I od ' ljrl �°o�wtrt��rAttd itil ��titwy iu��i� �tt�m Atl okiistrah3q i li? y 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: How the use qualifies as a water -oriented use and how facilities function as such, or; That a non -water -oriented use is part of a mixed-use development that includes a water - dependent use, or; 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; May 31, 2013 65 CITY OF YAKIMA SHORELINE MASTER PROGRAM MI.M21 4. That a non -water -oriented use is physically separated from the shoreline by either a public right-of-way or a separate parcel. 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 Section 17.05.040. 17.07.080 In -Water Structures A. Prohibited 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. 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 hY...'�,, atei a � k, �YRI�" Ina y no,t uuIIV,� a.'e 4 ���II V � Pp"Uf'ut."» ��ti���b...thri � th(") a4 Odes vl�m�$(� u:.�ue ap NV(dmiin wa t e r 9u^se, allo,,�ta�p :d���~��°���°�"9����P��,,�..E1{�W °�n�:°��4.9W �k�B=�a..W��"tl�NN.�I'•i���(,BCd i�'I�I:°��i�lYapN'��bW r�H.�"�pa���� �fN-:�:d'4r« I� �W�m!<'���r�+�"�-� �� ��`�������4 r��e^G°9d'�w�"Ir�"?tl^ 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. 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 66 May 31, 2013 CITY OF YAKHAA SaaOiw EII u � RUS R PiFROGiRWM 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. 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 conc..luded on-site are also ...... regulated as an industrial use (see Section 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: The extent to which excavation and processing will affect or modify existing stream corridor features, including existing riparian vegetation; The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation; 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: The excavation zone shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the stream channel. Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM. 1 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 (WAC 332-18, RCW 78.44). E. Additional Shoreline Standards for Industrial Mining - 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. Mining stockpiles shall be sited in such a manner so as to avoid damage or loss resulting from flooding. May 31, 2013 67 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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. 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. 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 afe .and luuwaw ai, 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 section 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 non-exempt repair and maintenance activities consistent with Section 17.07.170. 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 water bodies for residents,mf;�,f�md consistent with Section 17.05.040. 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 h�alG nlmm�u�PI�Mr Imp Kmaim:r udm :m�¢mR wtu pmu (m�,u ft sjiori d f1d�mVQkJa11Ce (0'Wi� Q ('QST Brio jf L6� .µ . . us loon .-o4� e .i) ..t m a m i � mmt 'r w tmK awmt t e insufficient for protection of the shoreline environment "Aq,11elin r`� R W�Imi"41°s 9 tl 4kC fBh "0 U B Wt�; �m �Id&��l° C. Applications for new shoreline residences shall ensure that shoreline stabilization and flood control structures are notnecessaryto protect proposed residences.�m� im�� �IlpuoamAU y�� yryn Qipm ��ns1p�5qum�n°� M.....Wy ..v...... b '� a tLLJlres di(-! LLfl)n c(,,� sa.MII &'6A�...1.)I'1Y �L8 M. _....... to �cummcout.._... dm�m X�;..�..701_090)., ...i�� �D��� ��u�mlll Umm���. mmmm�u��� �.,.�.��....,�..u�k�. 4���w� such �stomm�� iau �a mW r�m� d' Biu t s, 9lwms sItVIJmj �pw l m ,dm r .i Ir lu ar d)iio� niuinist�'a coq 68 May 31, 2013 DRAIF.I IIIk-jn)I nn lOd 1) 19I 41',or;:f a I, 11✓A J i�.t..l.rq',y, p I c)IIif�,j apQ.iir Xi"I . 0J,'Id }err.;,+/IrI('s x;ficieI inio II1'�tion Io mn�h'ule thit 'J ior(dwc' xdf',l1"'0.i4Ji iId'Iloud foI"Irol,'_dI m:r.r,iI)ot iIlef,,r ^",'iiI��d. 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 non-exempt repair and maintenance activities consistent with Section 17.07.170. 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 non-native 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 affects. 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 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. 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. May 31, 2013 69 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 limited in size to the minimum protective measures necessary, and shall use measures designed to assure no net loss of shoreline ecological functions. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses. . D. 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 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). 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. F. Additional Shoreline Standards for Shoreline Stabilization. The requirements below shall apply to all shoreline stabilization activities within Shoreline jurisdiction. 1. Shoreline stabilization measures shall be designed, located, and constructed in such a manner as to minimize the disruption of natural channel characteristics. Where a geotechnical analysis or report is required, it shall meet the provisions of the definition provided in 17.01.090. Demonstration of necessity. New structural shoreline stabilization measures shall not be allowed except when necessity is demonstrated in the following manner: 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. b. Erosion control structures in support of new non -water -dependent development, including single-family residences, when all of the conditions below apply: i. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. ii. 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. iii. 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 tidal action, currents, and waives. 70 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM c. Erosion control structures in support of water -dependent development when all of the conditions below apply: The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. ii. Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. iii. 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 (70.105D RCW) 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. 5. 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. 6. 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. 7. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark. 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. 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: i rin i sfmu� (rM� a alu4lu of duuuw k,,L Y. �..... �.. d I t �di a a a w���a�r�rl a�.Aa Ver I�wa �Ki ; � ko ��o�hj,, L .bbd lands oI d sub.stantiial nurnber of r�e� >Hulu�l�v etl I�tn.'��J) 58,320 and hol, `him""'sia�.���tir�� . j:��r��r�� d qui','c Oy_)w ,.r 21i Ost s to..,the Yakima Gir.ea nway.gsf.wlj ,he�JRiv r ov„as�ia..c: a ted Iakes,..of P....�.,f.� ,....w �. Y _ . �... �_ _ v.... �� ......'r lw � .. t_.. a ..::`� m....11l.'. ...N� .,....., a a � urr uaiu dri'v r uawsion,� , aur li a clue, to un , as sit�I t t IE qu %�� t tiu udu �l Pd� allcd uur uwih r iv awry ., flint has (hl ^ t. 8t ct i R l u re uh ntw.:;afely, ,,t)tL baa , May 31, 2013 71 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 17.07.150 Transportation and Parking The following provisions shall apply to the location and construction of roads, railroads, bridges, water crossings, and parking within shorelines. A. Transportation and parking activities consistent with exemptions in 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 non-exempt repair and maintenance activities consistent with Section 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. 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. 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 H iiia contains irnate'rda' lrNd�ur,01ted U'j thecutten �.{,ostftfu(0oll...���°��...�,�N�mQa`�lb°'�_�10C11�'�N"� U'vt&r�k "r���d�ptl,Vd V [���Wgdz����ll not b used i x ra id fill or buried within r h(, slrea mrc corridor. bbd NrP eves ar filil to e'lev'ate roadways shall not consOi(L the streani rlwanni-pp :impede the normal flow of floodwaters, „,r^(fimerw1,, at d _ ) rjt-_ res; 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. l4'd6 b� a,dak { w a u^� d 9 °wkk r.az o$�db��ld.rG r.. drr � 4 8W," �bv �1 * th y *fi,,44'rtINk,,t4f,) �,F�Q��G�a�•�y����G��^�m"riP'a^6�r"�"-� "���•�i6VV"r�nzP'9���Bdtk�'�'�'�°�R�iI�J�l&���Ek„��-; 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. 72 May 31, 2013 U.V.'N OF YAUMA SHORELINE MASI R PIhtOCMA V 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 Section 17.09.020. H. Parking — the standards in this section only apply to new or expanded uses within Shoreline jurisdiction. 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 Sections 17.03.070 and 17.01.090, respectively. 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 2a and 2b, parking shall be located as far upland from the OHWM as feasible, recognizing the limited supply of shoreline areas. Proposals for new or expanded parking facilities shall minimize environmental and visual impacts of parking facilities through compliance with Section 17.05 General Regulations, Section 17.09 Critical Areas, and applicable City zoning standards addressing lighting and landscaping. 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 Section 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 non-exempt repair and maintenance activities consistent with Section 17.07.190. B. New or expanded non -water -oriented utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities that are non -water -oriented, shall not be allowed in shoreline jurisdiction unless it can be demonstrated that: 1. No other feasible option is available, or The new location is necessary due to channel migration or levee setback, or 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 i far r �u�u Hlr _.in�� � M���c fa ilii6 s Ihat 'jl'��' <„E�u.1 6a (ei°.II�DU�rci� .'@ 9 U dd.G���VQ "a...,��� LiigsI .j.;!'oss the Stream,are"..pf-Lpflttedl.t. May 31, 2013 73 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 Section 1 1 09,03,0. 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 ���i+��� Ia�vir,.w1vV X4+11 µ�+. € ��u,a�+ � � �a .i. �. ul� ��, rui���cr aufi �I ugh b V,ow the bankfull depth of the waterway, oy associated floodway and floodplain to the maximum extent of potential channel migration as determined by hydrologic analysis. 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 above ground installations shall use available, existing bridge and utility locations and stream corridor crossines as ODDOsed to creatine new locations and stream corridor crossines. G. Above ground 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 17.09.020 Flood Hazard Areas. K. Utility transmission lines within the Floodway Fringe w>� FI0()(,'1wdy shall meet the standards of Section 17.09.020 Flood Hazard Areas L. Additional Shoreline Standards for Utility Transmission Lines and Facilities. The requirements below shall apply to all utility transmission lines and facilities within Shoreline jurisdiction. 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. 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. 74 May 31, 2013 Expansion, updating, and maintenance of existing facilities is allowed but shall be designed to be located to avoid adverse impacts to shoreline resources as much as possible. 4. Permit applications shall meet the following submittal review standards: 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 re -vegetation and protection of shoreline areas from erosion and siltation. A re -vegetation or erosion protection plan sluaH dvworOwate wAw6e�lts��i,� iwt'w t�^w 0ckn of vvg' yailon and i"'Ivoq] arlw c cd 5("61 ewsio 1w. bf 11'i 1)Lm ia�qndi waw0h iw nw Im p11(Av ('Uqn ofeshc'sieemflop.a.e.,u ����ua,ou�urot�lui Ih Spoor lun drninv s,tra,toar ma ����,.��w���...��,fl�uud �awuwp w ��µ��u� �o �w�� �hw�� a pp'!ic nl u w xl�a�:irv',a'. m� a 'u n �, ¢ a x 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 multi-year 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 Section 17.13.050, do not require shoreline permits. C. Consistent with the Applicability provisions of Section 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 Section 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 multi-year programmatic shoreline exemptions consistent with specific exempt activities allowed in Section 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 May 31, 2013 75 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 5. Utility facilities, including, but not limited to wastewater and water systems E. Applicants for multi-year maintenance plans shall provide the following information for consideration by the Shoreline Administrator: Description of proposed maintenance activities and best management practices; Type, methods, and frequency of maintenance or repair activities; Length of requested multi-year maintenance plan. Multi-year 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 ootn water quantity and water quality impacts and any applicable permits received for that work; Description of erosion and sediment control practices that prevent off-site movement; 9. Description of re -vegetation or restoration activities following maintenance or repair; and 10. Description of chemical and nutrient use and containment practices such as Integrated Pest Management (IPM). 11. Description of compliance with use -specific criteria in Sections F to J below. F. Dredging. Applications for dredging maintenance plans shall demonstrate compliance with regulations in Section 17.07.050. G. Private development and facilities on private lakes. A multi-year 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. The applicable use or modification performance standards of Chapter 17.07 shall be demonstrated to be met by applications for multi-year maintenance plans. H. Public Parks and Recreation. A multi-year 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 E.3 to E.9 above, 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 Section 17.07.100. 1. Transportation facilities. 76 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 1. Appendix X contains a programmatic exemption for Transportation facilities under the responsibility of the Washington State Department of Transportation to allow for routine maintenance and repair of existing highways and associated facilities. 2. This Appendix is considered an interpretation by the Shoreline Administrator pursuant to Section 17.13.020 and may be addended or clarified pursuant to the process of Section 17.13.020. It is not subject to SMP Amendment procedures of Section 17.13.140. 3. The duration of the programmatic exemption shall be eight years from the effective date of this SMP (effective XXX 2014). 4. The programmatic exemption may be renewed as part of the regular SMP Update process consistent with the Shoreline Management Act at RCW 90.58.080. 5. Applications for transportation maintenance plans shall demonstrate compliance with regulations in Section 17.07.150. J. Utility facilities. Applications for utility maintenance plans shall demonstrate compliance with regulations in Section 17.07.160. K. City authorization of multi-year programmatic maintenance plans. The City may approve multi-year programmatic maintenance plans that solely contain exempt activities consistent with the interpretation process of Section 17.13.020, when consistent with the following criteria: a. The policies and procedures of the SMA; b. The provisions of WAC 173-27; c. Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and d. This Title 17. The City may approve multi-year programmatic maintenance plans that include a combination of exempt and non-exempt activities. The permit process shall follow the permit process consistent with non-exempt activities pursuant to Section 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, e.g. Shoreline Substantial Development Permit or Shoreline Conditional Use Permit. The City may attach conditions to the approval of multi-year 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. 17.09.010 General Provisions A. Purpose of Chapter. The purpose of Ch. 17.09 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 and its Urban Growth Area. Intent of Chapter. Yakima Municipal Code Chapter 17.09 establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions May 31, 2013 77 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT of the Growth Management Act (RCW 36.70A) 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: 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; Where appropriate, avoid uses and development which are incompatible with critical areas; 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 Yakima Urban Area Comprehensive Plan; 7. Implement the goals and requirements of the Washington Growth Management Act (RCW 36.70A), the Shoreline Management Act (RCW 90.58), 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; 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 and its 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 YMC 17.09.020 will continue to apply as determined by YMC 17.09.020.A -G: 78 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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 non -conforming uses. It is the intent of this Chapter to permit these pre-existing legally non -conforming uses and structures to continue until such time as conformity is possible; a. Critical areas on federally owned lands are not subject to the provision 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 17.01.090, 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, 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 YMC 17.09.010.H 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 WAC 173-27. 5. 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; May 31, 2013 79 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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. INQUIRY AND EARLY ASSISTANCE F. I,nIca !Area iaenuiicauun ruins du t,iiuLai ruca neNurL neyullrnlcnw 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 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. 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 17.09.010.13 and YMC 17.09.010.Q, except as provided below: a. 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. 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. c. 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: i. The Administrative Official 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, g0 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM iii. The applicant agrees to provide mitigation the Administrative Official 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 From and preliminary site plan. A project review for flood hazards shall follow the pre -application requirements established to administer Part Four Flood Hazard Areas. The pre -application conference is intended to allow the Administrative Official or designee to: Establish the scope of the project and identify potential concerns that may arise; 2. Identify permits, exemptions, and authorizations, which the project proponent may need to obtain; 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; 4. Provide the proponent with resources and technical assistance (such as maps, scientific information, other source materials, etc.); and, 5. 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: 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 non-invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas; 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; May 31, 2013 81 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 4. Creation of private trails that do not cross streams or wetlands that are less than two (2) 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 17.09.030.0 and YMC 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; and 3. When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated for as specified in YMC 17.05.010.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 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). 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 Administrative Official 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; and, 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 YMC 17.09.010.13 and YMC 17.09.010.Q. 82 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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 (YMC 17.09.010.G). K. Determination of Review Process 1. The Administrative Official 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 YMC Chapter 17.13. L. 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 YMC 17.09.020 shall follow the development regulations and procedures of YMC 17.09.020. 1. Development authorizations shall be processed in accordance with Statutory Noticing Requirements in YMC 17.13.030 and with specific requirements provided in YMC Chapter 17.13, 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 YMC 17.09.010.11 and with YMC 17.09.030-060. 4. Decisions on a development authorization shall be consistent with YMC 17.09.010.M, YMC 17.09.010.N, and with any specific decision criteria provided under the section for each relevant permit type, as provided in YMC 17.13 and YMC 17.09.010.R. M. Authorization Decisions — Basis for Action. 1. In addition to meeting the Shoreline permit -specific criteria in YMC Ch. 17.13, 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; May 31, 2013 83 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 Administrative Official shall take one (1) of the following actions: a. Grant the development authorization; b. Grant the development authorization with conditions, as provided in YMC 17.09.010.N, to mitigate impacts to the critical area feature(s); or, c. Deny the development authorization. 3. The decision by the Administrative Official or designee shall include written findings and conclusions. N. Conditional Approval of Development Authorization. In granting any development authorization, the Administrative Official 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 YMC Ch. 15.26 (City of Yakima Fee Schedule), for development authorizations, variances, appeals and other matters pertaining to this Chapter. Critical Areas Reports P. Critical Areas Report Requirements 1. The Administrative Official 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 YMC 17.09.010.Q). 84 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 5. 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. 6. Critical areas reports shall be valid for a period of five (5) 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 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. 8. 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. 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, 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. 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 identity the type and characteristics of the hazard; c. An analysis of potential adverse impacts and how they will be mitigated or avoided. Geological 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; 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 Administrative Official 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. May 31, 2013 85 CITY OF YAKIMA SHORELINE MASTER PROGRAM 12. The Administrative Official or designee may limit the geographic area of the critical area report as appropriate. DRAFT 13. Compensatory Mitigation Plans - When compensatory mitigation, as described in YMC 17.09.010.1, are 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; and, 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; 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, 86 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM iv. Monitoring for a period necessary to establish that performance standards have been met, but not for a period less than five (5) 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. Financial Guarantees — A financial guarantee ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with YMC 17.09.010.R.1. 14. Innovative Mitigation. a. Advanced mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section. One (1) 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: L 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; 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: May 31, 2013 87 CITY OF YAKIMA SHORELINE MASTER PROGRAM a. A habitat and native vegetation conservation strategy that addresses methods to protect the functional properties listed in YMC 17.09.O30.E; and, DRAFT 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 consider historical meander characteristics in addition to other pertinent facts and data. 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 Washington State Wetland Identification and Delineation Manual (Ecology Publication #96-94) as required by RCW 36.7OA.175 and the Washington State Wetland Rating System for Eastern Washington; All delineated wetlands and required buffers within two hundred (200) 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; iv. Wetland category, including vegetative, faunal, and hydrologic characteristics; and, 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.O9.O40.D.1 and YMC 17.09.03O.E; and, ii. Mitigation sequencing, pursuant to YMC 17.05.010.1) to avoid, minimize, and mitigate impacts shall result in "not net loss" of acreage or functional values of wetlands and shall follow the guidance provided in YMC 17.09.040.E. 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. 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; 88 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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 the YMC Title 11 (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 up-slope and/or the impacts of landslide run -out on down-slope 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. 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 Administrative Official or 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 (125%) 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 Administrative Official or designee, with terms and conditions acceptable to the City of Yakima attorney. e. 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 (5) 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. May 31, 2013 89 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT g. Failure to satisfy critical area requirements shall constitute a default, and the Administrative Official 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. 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. Subdivision Standards. The following standards apply to all permits or reviews under the Subdivision Ordinance (Title 14) that contain critical areas: All subdivisions that contain critical areas shall be eligible for density bonuses or other development incentives, as provided in the Subdivision Ordinance (Title 14) and Zoning Ordinances (Title 15); 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 Administrative Official 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 (5,000 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 (5,000 square feet or more for residential uses) outside the floodplain; iv. New lots entirely within the floodplain shall be at least one (1) 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 a Geologically Hazardous Areas (excluding Erosion, Over Steepened Slopes of Intermediate Risk, Stream Undercutting, and 90 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM Earthquake hazards), FEMA Floodway, Channel Migration Zone (CMZ), Stream, Wetland, and/or Vegetative Buffers may not be further divided. 17.09.020 Flood Hazard Areas FLOOD HAZARD AREAS — GENERAL PROVISIONS 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 Section 17.09.020 of the City of Yakima's Critical Areas Ordinance and are established as flood hazard areas. The Flood Insurance Study and maps are on file with the City of Yakima, Washington. B. Principles. Section 17.09.020 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 principals, the intent of Section 17.09.020 is: To alert the county assessor, appraisers, owners, potential buyers and lessees to the natural limitations of flood -prone land; To meet the minimum requirements of the National Flood Insurance program; and, To 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. The provisions of Section 17.09.020 of this Chapter shall apply to any development proposed in a special flood hazard area; Flood hazard permits shall be approved by the City of Yakima. Approval shall only be granted in accordance with Section 17.09.020 of this Chapter and other applicable local, state, and federal regulations; 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 Section 17.09.020 of this Chapter, but are not exempt from this SMP (Title 17) or related shoreline permit requirements in Chapter 17.13: 1. The alteration or substantial improvement of any structure listed on the National Register of Historic Places or state inventory of historic places; 2. The installation and maintenance of aboveground utility transmission lines and poles; and, May 31, 2013 91 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 Section 17.09.020 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 the Yakima Municipal Code Title 11, Buildings; Title 12, Development Standards; Title 14, Subdivisions; and, Title 15, Urban Area Zoning Ordinance. YMC 17.09.020.A - 17.09.020.AG 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. 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 § 60.6 (See 44 CFR 59, et seq. and IBC 104.1). Compliance. No structure or land shall hereafter be used, constructed, located, extended, converted, or altered without full compliance with the terms of Section 17.09.020 of this Chapter and other applicable regulations. G. Warning and Disclaimer of Liability. The degree of flood protection required by Section 17.09.020 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. Section 17.09.020does 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. FLOOD HAZARD 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. 92 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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 (100) 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 (100) feet of the floodway or one hundred (100) 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 1.a 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. 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. 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 5 acres or 50 lots, a step -back water analysis shall be require 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. Specific Standards .In all special flood hazard areas where base elevation data has been provided as set forth in YMC 17.09.020.A, the following regulations shall apply, in addition to the General Standards of YMC 17.09.020.H: May 31, 2013 93 CITY OF YAKIMA SHORELINE MASTER PROGRAM Residential Construction. (See IRC 323.2) DRAFT 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: 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 (1) 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. r Racidantial ronctnirtion within one hundred 11001 feet of a floodway. or the ordinary high water mark if no floodway has been established, shall also meet the requirements of YMC 17.09.020.H.1.c. Nonresidential Construction (44 CFR 60.3(C)(3) & (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: 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, Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in YMC 17.09.020.1.1.b. 3. Manufactured Homes. Manufactured homes shall be anchored in accordance with Section 16A.05.28.010(1)(b), 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 YMC 17.09.020.H.1.b. 4. Recreational Vehicles. Recreational vehicles placed on sites are required to either: a. Be on the site for fewer than 180 consecutive days; 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, 94 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM c. Meet the anchoring requirements of YMC 17.09.020.H.1.b. FLOODWAY FRINGE USES J. Permitted Uses. The following uses are permitted in the floodway fringe areas: Permitted Uses. Any use permitted in the zoning district in accordance with YMC Title 15 and in the environment designation in accordance with YMC Title 17 (this Shoreline Master Program), unless prohibited by YMC 17.09.020.K. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with YMC Title 15 and where not otherwise inconsistent with Section 17.09.020; 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: 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 (4) 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 17.05.050.C.3.c. c. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and non -hazardous 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 non -hazardous 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. K. Prohibited Uses. New manufactured home parks and the expansion of manufactured home/parks are prohibited in floodway fringe areas. 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 YMC Title 17 (this Shoreline May 31, 2013 95 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT Master Program), provided that said use is in compliance with the flood hazard protection standards of YMC 17.09.020.H, 17.09.020.1, 17.05.050 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: 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 & 15.04.140); Any encroachments, including fill, new construction and other development 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 (100) year flood event; 5. Construction or reconstruction of residential structures within designated floodways, except as allowed under YMC Ch. 17.11; 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 and YMC 17.09.040, Wetlands; b. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and, 96 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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. N. Non -Conforming Uses and Structures. Existing structures and uses within the special flood hazard areas established by YMC 17.09.020 or amendments thereto, which were lawful before these sections were adopted or amended, but which would be prohibited, or restricted under the terms of Section 17.09.020 of this Chapter or future amendment, are governed under YMC Ch. 17.11. 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 Section 17.09.020 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 Section 17.09.020 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. 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 of this Title. Permit — Application. All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee as specified in 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: 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 Administrative Official to clarify the application for the enforcement of Section 17.09.020; S. Permit — Review. Flood hazard permit applications will be reviewed to determine: May 31, 2013 97 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 1. The elevation and floodproofing requirements of Section 17.09.020 of this Chapter; 2. The proposed development's location in relation to the floodway and any encroachments (YMC 17.09.020.M.2); Alteration or relocation of a watercourse (YMC 17.09.020.H.4.c); 4. That the proposed development is a permitted use under Section 17.09.020 of this Chapter and YMC Title 15; and, 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 YMC 17.09.020.A, 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 17.09.020.1, YMC 17.09.020.M, and YMC 17.13.150. U. 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 Section 17.09.020 and punishable as provided by YMC 17.13.150. V. Permit — Expiration & Cancellation. If the work described in any permit has not begun within one hundred eighty (180) days from the date of issuance thereof, the permit shall expire and be canceled by the building official. W. Performance Bonds 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 Section 17.09.020. 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 Section 17.09.020 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. 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. 98 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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: 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; The actual elevation in relation in mean sea level of flood proofing of all new or substantially improved non-residential flood proofed structures; and, 3. Where a base flood elevation has not been established according to YMC 17.09.020.A, 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 YMC 17.09.020.AB 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 Section 17.09.020 authorized under YMC 17.09.020.AE shall make such request consistent with the procedures established in YMC Chapter 17.13. AE. Variance Limitations 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 Section 17.09.020. 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 Section 17.09.020 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; May 31, 2013 99 CITY OF YAKIMA SHORELINE MASTER PROGRAM 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. DRAFT AG. 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 Insurance Program are hereby adopted by reference. 17.09.030 Fish and Wildlife Habitat and the Stream Corridor System A. Purpose and intent. The stream corridor system includes hydrologically related critical areas, streams, lakes, ponds, and wetlands and is part of a fragile and highly complex relationship of geology, soils, water, vegetation, and wildlife. Policies and standards to help conserve and protect are designed to accomplish the following: Meet the requirements of the Shoreline Management Act (RCW 90.58) regarding the use of the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern; 2. Follow the requirements pursuant to flood -resistant construction in the adopted building code; Provide a zero net loss of natural wetland functions and values; 4. Provide possible alternatives for necessary development, construction, and uses within a designated stream corridor and other hydrologically related critical areas; 5. Prevent decline in the quantity and quality of surface and subsurface waters; Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships; 7. Protect sensitive areas of the stream corridor from the potential negative effects of development; 8. Through voluntary agreements or government incentives, provide protection of natural wetland functions and values; and Recognize wildlife area conservation habitats within their natural geographic location through coordinated land use planning. 100 May 31, 2013 DRAFT B. Protection approach. CITY OF YAKIMA SHORELINE MASTER PROGRAM 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, nest building materials, and lack of diseases. The city of Yakima protects fish and wildlife habitat through: a. Protection of habitat for aquatic species; and b. Protection of habitat for species located near the water. 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 and Mapping C. Hydrologically related critical area features. Stream corridors and other hydrologically related critical areas include one or more of the following features: Any floodway or floodplain identified as a special flood hazard area identified by the Federal Emergency Management Agency (FEMA), as identified in the 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 streams, including the stream main channel and all secondary channels within the 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; and 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 are habitats or species that due to their declining population, sensitivity to habitat manipulation or other values make them important on a local level. Habitats of local importance may include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. 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 May 31, 2013 101 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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. Development Standards. Projects located within habitats of local importance, as designated in subsection 1 of this section, shall meet the standards below, rather than the development standards in YMC 17.09.050.1-P, unless review is also needed for a hydrologically related critical area. 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. Streams, lakes, ponds and wetlands require a sufficient riparian area to support one or more of the following functional properties: a. Stream bank and shore stabilization; 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; 102 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM e. Surface erosion prevention; f. Providing and maintaining migratory corridors for wildlife; g. Providing food in the form of various insects and other benthic macro invertebrates; 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 d. 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, May 31, 2013 103 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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. Streams, lakes and ponds 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 17.09.030.0 as follows: Type 1 streams 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; Type 2 streams are those surface water features which require protection due to the nature of their contributions to the functional properties listed in YMC 17.09.030.E and are considered "streams, lakes and/or ponds of local importance," as listed in Appendix B of this title; 3. Type 3 streams include all perennial streams within the city of Yakima not classified as Type 1 or 2. (See YMC 17.01.090, "perennial stream"); 4. Type 4 streams are all intermittent streams within the city of Yakima not classified as Type 1, 2 or 3. (See YMC 17.01.090, "intermittent stream"); Type 5 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 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 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 are defined in YMC 17.01.090 and are shown on the data maps referenced in YMC 17.09.030.H. For regulatory purposes, wetlands are classified into four categories according to the wetland rating system found in YMC 17.09.040.D.2. H. Maps. Certain fish and wildlife habitat and hydrologically related critical 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 non -regulatory in nature as described below: 104 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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 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 critical 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 17.07.070.6; 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. May 31, 2013 105 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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; 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. Scheduling recommendations from the appropriate state and/or federal agency may be considered; 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 Wnrhinatnn r)PVPlnnmPntc that rin not rPnidrP n rt ..nrm%AmtPr nPrmit shall alcn .. a. ... r..._..._ . .. _ _ __......_._. r._.....- _.._.. _._ 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; 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; 106 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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; 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 YMC 17.O9.02O1; 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 YMC 17.09.030.Q. 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 YMC 17.090.0301-0: 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. Non -water -oriented uses include any use not qualifying as uses in subsection 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. 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 17.09.030.P. 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. May 31, 2013 107 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 2. Structures and use areas shall not be located within the vegetative buffer specified in YMC 17.09.030.13 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: 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. Structures and use areas may be located within the vegetative buffer specified in YMC 17.09.030.13 provided that the location and construction shall be conducted to minimize impacts to the shore area and the vegetative buffer. 0. Non -water -oriented uses. The following provisions shall apply to non -water -oriented uses: Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in YMC 17.09.030.P. Construction abutting the vegetative buffer specified in YMC 17.09.030.P 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 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. 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 type. 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. 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 I Buffer Width Type 1 shoreline streams and lakes High Intensity: Streams: 75' Lakes: 50' Essential Public Facilities: 100' Floodway/CMZ: 100' Shoreline Residential: Streams: 80' Lakes: 20' Urban Conservancy: 100' Type 2 streams, lakes, 75' and ponds 108 May 31, 2013 DRAFT Stream Type Buffer Width Type 3 streams 50' (perennial), lakes, and ponds CITY OF YAKIMA SHORELINE MASTER PROGRAM Type 4 streams 25' (intermittent), lakes, and ponds Type 5 streams No buffer standards. Type 5 streams are not regulated as streams, but may be (ephemeral) protected under geologically hazardous area, floodplain, stormwater, construction, grading or other development regulations. 3.. Where a legally 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 20 feet, a study is not required. 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 % of the required width. 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 % of the required width. May 31, 2013 109 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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; 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 non-native and high - maintenance species. 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. Consistent with WAC 173-22-035, wetlands in shoreline jurisdiction shall be delineated using the procedure outlined in the approved federal wetland delineation manual and applicable regional supplements. 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 YMC Ch. 17.09, 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. 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 110 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM produced by the U.S. Fish and Wildlife Service and are to be used as a guide for the City of Yakima. 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 Section 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 includes 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 provide in the Washington State Wetland Rating System for Eastern Washington, revised March 2007 (Ecology Publication #04-06-15) which are summarized below: Category I wetlands are more sensitive to disturbance than most wetlands, relatively undisturbed, and contain ecological attributes that are 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 are classified as Category I: i. Wetlands scoring 70 points or more (out of 100) in the Eastern Washington Wetland Rating System (EWWRS), ii. Alkali wetlands, iii. Natural heritage wetlands (wetlands identified by Washington Department of Natural Resources Natural Heritage Program scientists), and iv. Bogs. b. Category II wetlands are difficult but not impossible to replace and provide high levels of some functions. Category II wetlands include: i. Wetlands scoring between 51-69 points (out of 100) in the EWWRS, ii. Unassociated vernal pools, and iii. Forested wetlands. c. Category III wetlands are often smaller, less diverse, and/or more isolated from other natural resources. Category III wetlands include: Wetlands with a moderate level of functions (scoring between 30 -50 points) in the EWWRS, and ii. Associated vernal pools. May 31, 2013 111 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT d. Category IV wetlands have the lowest levels of functions, scoring less than 30 points in the EWWRS. Category IV wetlands are often heavily disturbed and are wetlands that should be able to be replaced. 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 EWWRS rating sheet to complete the rating. E. Wetland Buffers. 1. Vegetative buffers shall be measured from the edge of the wetland. The width of the buffer shall be determined according to the wetland type. The standard buffer widths are provided in Table 09.040-1 below. 2. The use of the standard buffer widths requires the implementation of the measures in Table 09.040-2, where applicable, to minimize the impacts of the adjacent land uses. iL .. ...I: ,.., ...a ,. L..... ,. .....a +.. .-.I.. +1... .....:+:....+:.... ... -'r-L I.. AO AAI% 7 +I. -- .� ]ZO% J. If an applll alll ulvwca no' L apply uic ii ILI u�ii �neasur e5 iii iauic vJ.v-ry-c, uic�� a JJ/u increase in the width of all buffers is required. For example, a 75 -foot buffer with the mitigation measures would be a 100 -foot buffer. 4. 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 09.040-1. Standard Wetland Buffers 112 May 31, 2013 Additional buffer Additional buffer Additional buffer Wetland Standard Buffer width if wetland width if wetland width if wetland Category Width scores 21-25 scores 26-29 scores 30-36 habitat points habitat points habitat points Category I: 75 ft Add 15 ft Add 45 ft Add 75 ft Based on total score Category I: 75 ft Add 15 ft Add 45 ft Add 75 ft Forested Category I: 190 ft NA NA NA Bogs Category I. 150 ft N/A NA NA Alkali Category I: 190 ft N/A NA NA Natural Heritage Wetlands 112 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM Table 09.040-2. Required measures to minimize impacts to wetlands Measures are required, where applicable to a specific ro osel Additional buffer Additional buffer Additional buffer Wetland Standard Buffer width if wetland width if wetland width if wetland Category Width scores 21-25 scores 26-29 scores 30-36 Establish covenants limiting use of pesticides within 150 ft of wetland habitat points habitat points habitat points Category II: 75 ft Add 15 ft Add 45 ft Add 75ft Based on total techniques) Change in water Infiltrate or treat, detain, and disperse into buffer new runoff from impervious score surfaces and new lawns Pets and human w Use privacy fencing OR plant dense vegetation to delineate buffer edge and to disturbance Category 11: 150 NA NA NA Vernal pool Use best management practices to control dust Category ll: _ 75 ft Add 15 ft Add 45 ft Add 75ft Forested Category III (all) 60 ft Add 30 ft Add 60 ft NA Category IV (all) 40 ft NA NA NA Table 09.040-2. Required measures to minimize impacts to wetlands Measures are required, where applicable to a specific ro osel Disturbance Required Measures to Minimize Impacts Lights Direct lights away from wetland Noise . Locate activity that generates noise away from wetland a If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10' heavily vegetated buffer strip immediately adjacent to the outer wetland buffer Toxic runoff a Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered Establish covenants limiting use of pesticides within 150 ft of wetland _!_Applyegrated�+est management Stormwater runoff « Retrofit stormwater detention and treatment for roads and existing adjacent development o Prevent channelized flow from lawns that directly enters the buffer o Use Low Intensity Development techniques (per PSAT publication on LID techniques) Change in water Infiltrate or treat, detain, and disperse into buffer new runoff from impervious regime surfaces and new lawns Pets and human w Use privacy fencing OR plant dense vegetation to delineate buffer edge and to disturbance discourage disturbance using vegetation appropriate for 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 Disruption of corridors• Maintain connections to offsite areas that are undisturbed or connections . Restore corridors or connections to offsite habitats by re )ant n 5. 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 May 31, 2013 113 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT component or a "dual -rated" wetland with a Category I 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 % 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. 6. 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 L, u LJ 11Cr 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 after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than either % 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. The administrative official 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 where it can be shown that a particular wildlife species' needs within the buffer can be met with a smaller buffer. 8. All other proposals to reduce a wetland buffer may only be approved through the Shoreline Variance process. Compensatory Mitigation Requirements. Projects that propose compensation for wetland acreage and/or functions are subject to State and Federal regulations. Compensatory mitigation for alterations to wetlands shall provide for a no net loss of wetland functions and values, and must be consistent with the mitigation plan requirements of YMC 17.09.010.P.13. The following documents were developed to assist applicants in meeting the above requirements. 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 as revised (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10; Ecology publication number 04- 06-013B). Compensatory mitigation application and ratios for mitigation of wetlands shall be consistent with Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing 114 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM Wetlands —Appendix 8-D- § 8-D3 or as revised (Washington State Department of Ecology. Publication # 05-06-008). F. Wetland Mitigation Banks 1. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: a. The bank is certified under RCW Ch. 90.84 or WAC Ch. 173-700, b. The Administrative Official determines that the wetland mitigation bank can provide appropriate compensation for the authorized impacts, and c. The proposed use of credits is consistent with the terms and conditions of the bank's certification. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions. 17.09.050 Geologically Hazardous Areas A. Purpose and Intent 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. 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; May 31, 2013 115 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 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 foiiowing- 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 (1-53) is defined as areas that are presumed to have had a landslide, debris flow, or slump within 10,000 years or less. ii. Intermediate Risk (LS2) is defined as areas where landslides, debris flows, or slumps are older than 10,000 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. L High Risk areas (OS3) are defined as having a high potential to fail, include slopes greater than 40%, and consist of areas of rock fall, creep, and places underlain with unstable materials. ii. Intermediate Risk areas (OS2) are defined as areas less likely to fail but are still potentially hazardous. This category includes slopes between 15% and 40%. 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 116 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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. 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. 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. 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 17.07.150) is prohibited. 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 11 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 YMC 17.09.050.D by implementing the development standards of YMC 17.09.050.E. 4. Alluvial Fan/Flash Flooding Hazard Areas. Protection measures for alluvial fan/flash flooding hazard areas will be accomplished through the review process of YMC 17.09.050.D. May 31, 2013 117 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 YMC 17.09.050.13, by implementing the development standards of YMC 17.09.050.E. 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 YMC 17.09.050.1) and by implementing the development standards of YMC 17.09.050.E. D. Development Review Procedure for Geologically Hazardous Areas 7 TL.., Administrative Offirinl shall mnLo a Ilctnrminntinn of WM7=ird to rnnfirm Ikethnthcr the 1. The r uranin L LI v�II—I -I-I 11-1— u ­­IInI IM -1I v, I I—IM w �...���.. ... .. �... �. II., 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; 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. Developments that receive an affirmative Determination of Hazard by the Administrative Official under subsection 1 above, must conduct a Geologic Hazard Report as provided in YMC 17.09.010.0„ 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 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 the issuance of a grading or construction permit. Developments that receive an affirmative Determination of Hazard, but do not meet the provisions of subsection 2a or 2b above, 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 geo-technical report shall incorporate a submitted assessment which includes the design of all facilities; 118 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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 YMC 17.09.050.E. 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 onsite or off-site. 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. 17.09.060 Critical Aquifer Recharge Areas A. Purpose and Intent 1. The Growth Management Act (RCW Ch. 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. 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 ordinance 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 May 31, 2013 119 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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; 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. Mapping 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 Urban Area Comprehensive Plan 2025. The CARA map was developed through a geographic information system (GIS) analysis using the methodology outlined in the Washington Department of r_..I...... iir..:.J ......., Il. .... ...........+ i..r +L... C.+-. L.I:.-1..,.......+ ..[ /`..:+:....I A....:i.... D....l....-.... A.-.. -, F-t,uwgy Guivance Document o he Estaulishment o C i ica1 Mqunci rlccilaige ruca Ordinances" (Publication #97-30). 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 (10) 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. C. Protection Approach Maps shall be used only as an informational resource to communicate with applicants regarding potential problems in meeting the applicable laws on a particular site. The maps indicate that areas of high susceptibility tend to be located in valley bottoms and follow along 120 May 31, 2013 DRAF: 01 OF: YAKOUAA S6m4:DIGtIf'fl.11lNE MAS I ER PRO`D1uR,AM floodplain and stream corridors. Extreme susceptibility locations are located largely within floodplains and along streams and wetlands. Land uses are subject to many existing, federal, state, local, or tribal laws regarding the handling of substances that may contaminate CARAs. Disclosure, educational information, and coordination of existing laws during existing review processes can accomplish the requirement to protect the CARA. Consequently, the City of Yakima's protection of the CARA shall be accomplished through normal project permit review under various Yakima Municipal Code sections, especially the stream protection standards in YMC Ch. 17.09.030 (Part Five Fish and Wildlife Habitat and the Stream Corridor System); YMC Title 11, which provides detailed construction, use, and fire/life-safety standards for the storage and handling of dangerous and hazardous substances to a greater extent than most existing state; and federal laws. The Administrative Official shall develop and maintain a list of the relevant laws noted above. This list shall be informational and it is intended to be used in coordination with development permit review. This list shall be periodically reviewed and updated so as to provide the most comprehensive list possible to inform project applicants of the requirements of other agencies. 4. The Administrative Official shall also develop and maintain a table of land uses with the potential of being subject to the relevant laws noted above. The table shall be generated and maintained using the intent stated in YMC 17.09.060.A.4. The Building Official and Water/Irrigation Manager shall cooperatively develop questionnaires, to be filled out by new development permit applicants, which comprehensively establish the potential use, storage, and handling methods within the project for substances that have the potential to contaminate groundwater. The questionnaires are intended to ensure full application of existing building and construction codes related to such substances in order to forestall new regulations. 6. The Building Official and Water/Irrigation Manager shall develop technical assistance and information materials to assist landowners and developers with understanding and meeting relevant existing federal, state, and local laws relating to CARAs. 17.11 EXISTING USES, STRUCTURES AND LOTS 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 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. 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 Sections 17.11.010.13 and 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 May 31, 2013 121 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040 (2)(g) upon approval of a Shoreline Conditional Use Permit by the Hearing Examiner. C. A ��L.,4 sVN4� o �bi� ,,h d use a nor k the o ffc, nv uk � � of 01w�,� � `4�G� t��� €" �uifU u�ck G D'Xx cfi"ar' i which is ��.e �`. . listed as a conditional use butop("k° e i 4 ��%o- Ch` � ui �b l�E 1 V4 tl�af�� �1��� �"•�� itye w PV k+�- �3 F r+�f� ro4 li r (,�)i: *w4A �4-for which a Shoreline Conditional Use Permit has not been obtained shall be considered a nonconforming use. A u�o,,wh,4 44 +,'x'�44""' 04t'1,1''14� 4,ar��. 04f,11 ���9� 4��f� hP���ka�4�&b�-n�i"�.yr°4�ak��mfr��-i.f•�Y-M�a��Ya�a�B������~N'�d6DP'�i-��a��f�IM"��IN�kRR4�-; �d�"rl" 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: No reasonable alternative conforming use is practical; and 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 subsection 17.11.010.1) of this section 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. 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 seventy-five percent 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. 122 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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. Structures and customary accessory buildings on non -conforming lots shall be set back from the OHWM to the greatest extent feasible. Development proposed inside required buffers shall go through mitigation sequencing and shall require a mitigation plan. 17.11.040 Pre-existing Legal Uses — Conforming Residential Structures Notwithstanding Sections 17.11.010 to 030, the following shall apply to preexisting legal residential structures constructed prior to the effective date of this SMP (XXXX, 2013): 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. 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 17.11.040: (a) 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 (b) affects the application of other federal, state, or City requirements to residential structures. J iy ;< II , I' /'"b P -,JI I „ V V � , ff U ,.,, C ,I, i . I' J Yi U J IL: r;, U � N' - Il.. 0 17.13.010 Roles and Responsibilities The City shall administer the Shoreline Master Program (SMP), collectively Title 17 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:. Administrate this SMP. Make field inspections as needed, and prepare or require reports on shoreline permit applications. Grant or deny exemptions from Shoreline Substantial Development Permit requirements of this SMP. May 31, 2013 123 (.":II1.'y 01: MAKIIIMA SHORIII II IIN1� MAS"T 1G R IPROGRAM V: RAF1 4. Authorize, approve or deny Shoreline Substantial Development Permits. Authorize, approve or deny Shoreline Conditional Use Permits e .f F 1. kj,u li�� a¢ rr� r,llti�y,l,�e„uGd�to cqnfcr„r,Min uses, which shall be the respc�rtsibil„f yc�f„troy He a,ring (? �gRjiner,. Make written recommendations to the Hearing Examiner, Planning Commission, or City Council as appropriate. 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. 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 WAC 197-11 and RCW 43.21C. The responsible SEPA official is designated in accordance with the City's JCrM r111F./lemen” LIV 11 VI A;-, R.G. 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. 2. Grant or deny variances from this SMP. o.,. _ _. ...... �_. w� ._ _ h d �w� idr 00,0 3. r��rd r;kl dr�.. `�r�r�� d��ud �uhr���Rd�rl��b fs u�r�r� ��nArwa �kk w_. ..... ,,....�. 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. 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. 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. 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 173-26 WAC. 124 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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. 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 120 to confirm the days. In case of conflict, state statutes or rules shall control: 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 (2)(a) 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. 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 May 31, 2013 125 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 plan must be provided that describes how proposed mitigation compensates for the lost function or process. 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. 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 250 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 analyses spall Include VdCdfll CXISLIIIg L1dIl,Cq VI ICl.V1U as WC11 as CnlJllllg 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. IV�J� �++Ji1"�('J.'� tV'+'I$;4d4f'gl �is�°�'�rq��k���'hdi� I'�u��t�� 6r»�4���R�i� ��tla°�^����� �6„^m.a'�14dPf��l.�•�'����P{,.o,q.�4��r%�`�h�����&���-'M�p����,�r���-���?� �afrpM��f�'4,G�e�^��i�d,U�'N�&���i �����i���l� �dw�..��i�iu�;��u�i��..�u��«�i:�a�.�:�aF����l=�•6<e��a,�al•�a•���.i ��iro����€���A:������w�a�� N���;��;i�t luo�������wp�������48�������w ,044 4'� t.i.a ,n ''fk 4 4 ii���7�"Wrhae�&.�10i6w�e���4r,V��#�,��ax�'�a•���•x�k����Fk��'��•b"��9d�$�'�$�-N1^ll��-��r@�'�����'�^��ly�,k� ��r��� �-�V�7�w;6��;'^������v����i�^°�^Q�,��� I`p.�i��a•������������bal-a��va�� a��s v�: 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. 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. 126 May 31, 2013 mum CITY OF YAK MA SHORELINE WkS1f ER PIROGIfAAIM 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. 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 Section 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; The provisions of WAC 173-27; Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and 4. This Title 17. 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. 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 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: That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; That the proposed use will not interfere with the normal public use of public shorelines; 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; May 31, 2013 127 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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. 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. 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. 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 RCW 90.58.030 (2)(b), and/or landward of any wetland as defined in RCW 90.58.030 (2)(h), 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 SMP precludes, or significantly interferes with, reasonable use of the property; b. That the hardship described in criterion "a" of this subsection 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; 128 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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. Variance permits for development and/or uses that will be located waterward of the OHWM, as defined in RCW 90.58.030 (2)(b), or within any wetland as defined in RCW 90.58.030 (2)(h), 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 Regulation B.2 above; 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. 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 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. May 31, 2013 129 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 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. 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 (21) 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 (21) from the date of receipt of the decision, except as provided in RCW 90.58.140(5)(a) and (b). 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 a 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. 130 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM 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. 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 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 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 173-27-170. C. The City shall provide appropriate notification of the Ecology's final decision to those interested persons having requested notification from local government pursuant to WAC 173-27-130. 17.13.120 Appeals A. Administrative review decisions by the Administrator, based on a provision of this SMP, maybe 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 Section 17.13.050, of this SMP C. Appeals must be submitted within fourteen (14) 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: 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. 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 May 31, 2013 131 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT administrative action, may be filed by the applicant or any aggrieved party pursuant to RCW 90.58.180 within thirty (30) days of receipt of the final decision by the City or by Ecology as provided for in RCW 90.58.140(6). 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 allot the following: 1. No additional over water construction is involved except that pier, dock, or float construction may be increased by five hundred (500) square feet or ten percent (10%) from the provisions of the original permit, whichever is less; Ground area coverage and height may be increased a maximum of ten percent (10%) from the provisions of the original permit; 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; The use authorized pursuant to the original permit is not changed; and 6. No adverse environmental impact will be caused by the project revision. 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. 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 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 (15) 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, 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. 132 May 31, 2013 DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM Filing. Appeals of a revised permit shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one (21) 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. Appeals shall be based on the revised portion of the permit. 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. 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. To assure that the master program complies with applicable law and guidelines in effect at the time of the review; and 2. To 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 immediately upon final approval and adoption by Ecology. C. The SMP may be amended annually or more frequently as needed pursuant to the Growth Management Act, RCW 36.70A.130(2)(a)(iii). D. Initiation. Future amendments to this Shoreline Management Plan may be initiated either by any person, resident, property owner, business owner, governmental or non-governmental 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 therefore. 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 RCW 36.70A, the Growth Management Act, and information necessary to meet minimum public review procedures in Subsection F. 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 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 May 31, 2013 133 CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT 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 #1 or #2, and must accomplish #3: 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; 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 [insert date]. 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. 17.13.150 Enforcement The City shall apply 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 or any master program or other regulation promulgated under the Act. 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 Subsection A, 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. 134 May 31, 2013 This manual provides guidance on material selection, manufac- turing techniques, testing and installation to attain structurally sound, precast retaining wall systems and related components for precast retaining wall systems. It is not intended for use as a regulatory code or minimum design standard, but rather as an aid to manufacturers, engineers, contractors and owners. This manual will be most effective when used in conjunction with a complete review of local codes and design considerations before designing or manufacturing any precast retaining wall system. It is impossible for a manual of this type to be all inclusive, and the recommendations are not intended to exclude any materials or techniques that will help achieve the goal of producing structur- ally sound precast retaining wall systems. Attention to detail, ap- propriate materials, proper training of workers and quality control throughout a repeatable process will ensure that the precast Precast Retaining Wall Systems Best Practices Manual Copyright 2008 by National Precast Concrete Association (NPCA) Second Edition, 2008, all rights reserved. No part of this manual may be reproduced in any form without permission in writing from the National Precast Concrete Associa- tion. The association of the manufactured concrete products industry 10333 North Meridian Street, Suite 272 1 Indianapolis, Indiana 46290 800-366-7731 317-571-0041 (fax) I www.precast.org retaining wall systems meet the needs of specifiers, contractors and owners while protecting the environment. Precast concrete retaining wall systems, when manufactured and installed properly, will outperform and outlast systems consisting of competing materials. With the increasing regulatory demands for structurally sound precast retaining wall systems, it is critical for precast manufacturers to continually raise the bar on quality. It is with this in mind that many industry specialists have come together to create this manual. The quality of precast retaining wall systems will be dependent on a number of interrelated factors. Those factors include the quality of: (a) the precast retaining wall system, (b) the up -front planning and design of the wall, (c) the engineering behind the wall, (d) wall construction, and (e) the component manufacture. In general, a precaster that produces precast retaining wall systems will find that they are selling solutions as opposed to selling re- taining wall systems. The precaster should take care to align itself with a team that can deliver the full scope of services necessary to build a wall that will stand the test of time. NOTES 1. This manual does not claim or imply that it addresses all safety-related issues, if any, associated with its use. Manufacture of concrete products may involve the use of hazardous materials, operations and equipment. It is the user's responsibility to deter- mine appropriate safety, health and environmental practices and applicable regulatory requirements associated with the use of this manual and the manufacture of concrete products. 2. Use of this manual does not guarantee the proper function or performance of any product manufactured in accordance with the requirements contained in the manual. Routine conformance to the requirements of this manual should result in products of an acceptable quality according to current industry standards. Properly proportioned concrete mixes should contain adequate strength, durability, uniform appearance and acceptable work- ability, and should be economically feasible. If a precast concrete manufacturing plant is to obtain a quality mix design; appropriate selection of materials, processes and proportioning needs to be obtainable, repeatable and consistent. Most concrete used in precast concrete manufacturing has a compressive strength between 3,000 and 6,000 psi, (20 to 41 MPa►, but a 4,000 psi (28 MPa) 28 day minimum compressive strength is strongly recommended. Most precast concrete manu- facturers furnish their products with strengths in excess of 4,000 psi (28 MPa) in order to avoid damage that lower strength con- crete may experience while being handled. The structural integrity of a concrete product designed with a compressive strength less than 4,000 psi (28 MPa) could be jeopardized if excessive loading is sustained by the member. In order to increase the overall quality and integrity of a precast concrete product, added considerations must be taken into account. A quality precast concrete product should emphasize methods to reduce permeability, improve durability and increase strength. Permeability refers to measuring the rate at which water can percolate through concrete when the water is under pressure or the ability of concrete to oppose infiltration of liquids or gases. Permeability can be reduced with a low water -cement ratio (0.45 or below) and an adequate moist -curing period. Durability of concrete refers to the ability of concrete to with- stand weathering action, chemical attack, abrasion, or any process of deterioration while maintaining its desired engineered proper- ties. Durability and life of the concrete depend on several vari- ables such as the mix design proportioning, ingredients used in the mix design, placing and curing procedures, and the interac- tions between the ingredients used in the mix design. �C°�teliiinforMmeuu °ien"i A typical precast concrete structural member has a high resis- tance to compressive stresses but lacks the sufficient resistance to elevated tensile forces. To improve precast concrete's structural properties and to prevent cracking, reinforcement is incorporated into the concrete. Reinforcement may also be used to help resist compressive forces or to improve the dynamic properties of the structure. In order to provide adequate structural support during early - age handling, installation and service, the sufficient amount of reinforcement must be provided. All reinforcement should meet applicable ASTM International Specifications and Manufacturer's guidelines. Reinforcement may not be required where engineer- ing analysis shows that the cover section has sufficient strength without reinforcement. MatVIII°°4III The primary constituents of precast concrete are cement, fine and coarse aggregates, water and admixtures. The following dis- cussion covers relevant factors in the selection and use of these fundamental materials. e nri e in t The majority of cement used in the manufactured concrete prod- ucts industry is governed by ASTM C 150, "Standard Specification for Portland Cement" and ASTM C 1157, "Standard Performance Specification for Hydraulic Cement" ASTM C 150 specifies eight different types of portland cement that are manufactured to meet the various normal chemical and physical requirements. The five types of portland cement typically used in the manufactured concrete products industry, as stated by ASTM C 150, are: Type I Normal Type II Moderate Sulfate Resistance Type III High Early Strength Type IV Low Heat of Hydration Type V High Sulfate Resistance Or as per CSA A3000, the types of cement are: Type GU General Use Hydraulic Cement Type MS Moderate Sulfate -Resistant Hydraulic Cement Type MH Moderate Heat of Hydration Hydraulic Cement Type HE High Early -Strength Hydraulic Cement Type LH Low Heat of Hydration Hydraulic Cement Type HS High Sulfate -Resistant Hydraulic Cement Cement type should be selected on project specifications or individual characteristics that best fit the operation and regional conditions of each manufacturer. It is also imperative to recog- nize that specific types of cement may not be readily available in certain regions. Type I portland cement is general-purpose cement that is used when the cement type is not specified. Type I cement is readily available. Type II portland cement is typically used in regions where there is potential for moderate sulfate attack. Type I and Type II Port- land cement make up nearly 90 percent of all portland cement produced. 3 Type III portland cement is typically available in larger metropolitan areas, Type IV portland cement is typically manufactured only when required in massive projects (dams, piles, etc.), therefore it's not as readily available. Type V portland cement is made available only in regions where there is potential for severe sulfate attacks. It is essential to store cement in a manner that will prevent expo- sure to moisture or other contamination. Bulk cement should be stored in watertight bins, silos or in other watertight storage facili- ties. If different types of cement are used at a facility, store each type in a separate bin or silo and clearly identify delivery locations. On a short-term basis (less than 90 days), stack the bags no more than 14 high. For long-term storage, do not exceed seven bags in height (or per manufacturer's recommendations). Proper personnel should also design and maintain the bin and silo compartments so that they are able to discharge freely and in- dependently into the weighing hopper. Cement that is in storage should be drawn down frequently to prevent undesirable caking. Use the oldest stock first. Discard any cement with lumps that cannot be reduced by finger pressure. Using the correct type and quality of aggregates is essential in proper mix design since aggregates (fine and course) typically occupy 60percent to 70 percent of the total concrete volume. The NPCA Quality Control Manual for Precast and Prestressed Concrete Plants recommends that any aggregates used in the concrete mix design conform to ASTM C33, "Standard Specifica- tion for Concrete Aggregates." It is also recommended that the trained personnel periodically evaluate the aggregates and maintain documentation at the plant for historical records as well as to check for permissible amounts of deleterious substances. Personnel should also check for potential deleterious expansion due to alkali reactivity, unless the aggregates come from a state department of transportation - approved source. There are numerous reasons for specifying a nominal maximum ag- gregate size. Specifying a maximum aggregate size is desirable since this will affect cement proportions, durability, economy, porosity, pumpability, water proportions and the workability of the concrete mix (fresh and hardened state). When determining the maximum size of the coarse aggregate; the maximum size should be as large as practical, but should not exceed 20 percent of the minimum thickness of the precast concrete element or 75 percent of the clear cover between reinforcement and the surface of the retaining wall. Larger maximum sizes of aggregate may be used if evidence shows that satisfactory concrete products can be produced. It is important to specify a well -graded, sound, nonporous aggre- gate in accordance with ASTM C33. If quality of the aggregates is subpar, the structural integrity of the entire precast concrete member can be compromised. Aggregate gradation influences both the economy and strength of a finished precast retaining wall system. The purpose of proper gradation is to produce concrete with a maximum density along with good workability to achieve sufficient strength. Well -graded aggregates help improve workability, durability and strength of the concrete. Poorly graded or gap -graded aggregates rely on the use of excess mortar to fill voids between course ag- gregates, leading to potential durability problems. Concrete mixes containing rounded coarse aggregates tend to be easier to place and consolidate. However, crushed aggregates clearly are accept- able. The use of elongated, flat and flaky aggregates is discour- aged. Gap -graded aggregates lacking intermediate sizes are also discouraged. Experience has shown that having an excess of very fine or very coarse sand/aggregates with large deficiencies is undesirable. Sand gradation should be uniform and have a fineness modulus in the range between 2.3 and 3.1. A variation in base fineness modu- lus greater than 0.2 may call for an adjustment to the mix design as suggested in ASTM C33. It is important to ensure all aggregates are free of deleterious substances. Deleterious substances are potentially harmful if they react chemically with portland cement or if they interfere with the hydration process of cement and significantly change the volume of the aggregates, paste or both. Deleterious substances include: • Substances that cause an adverse chemical reaction in fresh or hardened concrete • Clay, dust and other surface -coating contaminants • Structurally soft or weak particles • Coal, iron oxide, lignite, organic impurities, shale, silt For good bond development between the cement paste and aggregates, ensure aggregate surfaces are clean and free from excessive dust or clay particles. Excessive dust or clay particles typically are defined as material passing a #200 sieve, the limit of which is no more than 3 percent. Friable aggregates may fracture in the mixing and placement process, compromising the integrity of the hardened concrete product. The measurement of aggregate moisture content is important in the control of concrete workability, strength and quality. Fine ag- gregates (sands) can collect considerable amounts of moisture on their surfaces. Fine aggregates can hold up to 10 percent mois- ture by weight; coarse aggregates can hold up to 3 percent. Water on the surface of an aggregate that is not accounted for in the mixture proportions will increase the water-cementitious ratio. The moisture content of aggregates will vary throughout a stockpile and will be affected by changes in weather conditions. Therefore, adjust mixture proportions as necessary throughout the production day to compensate for moisture content changes in the aggregate. Also, excessively dry aggregates can increase water demand by absorbing mix water during batching and place- ment. If the total water content in the mix design is inconsistent, the water -cement ratio will vary from batch to batch causing varia- tion in the workability and compressive strength. The following methods will increase the likelihood of uniform moisture content: • Enclose storage of daily production quantities • Store aggregates in horizontal layers • Have at least two stockpiles • Allow aggregate piles to drain before use • Avoid the use of the bottom 12 inches (300 mm) of a stockpile • Store entire stockpile indoors or under cover Careful monitoring of aggregate moisture content during batching will reduce the need for additional cement to offset excess water. This will maintain high quality standards and save on expensive raw materials. The plant should have a program in place that man- ages surface moisture content or accounts for moisture variation during batching. Handling and Storage of Aggregate Handle and store aggregates in a way that prevents contamina- tion (including cross -contamination between adjacent aggregate stock), minimizes segregation and degradation, and keeps grada- tions within specified limits. Aggregate handling is an important operation. Accurately graded coarse aggregates can segregate during a single improper stock- piling operation. Therefore, it is important to minimize handling to reduce the risk of particle size segregation. Also, minimize the number of handling operations and material drop heights to avoid breakage. The following methods can prevent segregation: • Store aggregates on a clean, hard, well -drained base to pre- vent contamination. Bin separation walls should extend high enough to prevent overlapping and cross -contamination of different -sized aggregates. • Avoid steep slopes (conical piles) in fine aggregate stockpiles. Fine aggregate stockpiles should not have slopes greater than the sand's angle of repose (i.e., natural slope, typically 1:1.5) to prevent unwanted segregation. • Remove aggregates from a stockpile by working horizontally across the face of the pile. If possible, avoid taking aggregate from the exact same location each time. • Organic matter accumulation (especially leaves and twigs) or growth should be avoided in or around stockpiles in order to keep aggregates contamination -free. Wateiiii, Water used in mixing concrete should be potable and meet the requirements of ASTM C 1602, "Standard Specification for Mixing Water Used in the Production of Hydraulic Cement Concrete" Avoid water containing deleterious amounts of oils, acids, alkalis, salts, organic material or other substances that may adversely affect the properties of fresh or hardened concrete. Excessive deleterious impurities can affect the concrete strength and setting time, and cause reinforcement corrosion, staining, volume insta- bility, efflorescence and reduced durability. :�;Iiiii e m Iii c ������� III' (I rrii,� iida iii.,, e Chemical admixtures are ingredients other than water, portland cement and aggregates that are added to the concrete mix (before or during mixing) to help improve/modify the properties of fresh or hardened concrete. Admixtures are used to improve workability, entrain air, retard or accelerate set time, reduce per- meability and reduce steel corrosion, and to add color. Commonly used chemical admixtures in precast manufacturing include: • Accelerating admixtures (ASTM C494, "Specification for Chemical Admixtures for Concrete") • Air entrainment admixtures (ASTM C260, "Specification for Air -Entraining Admixtures for Concrete") Water reducing admixtures (ASTM C494, "Specification for Chemical Admixtures for Concrete") High -range water -reducing admixtures or superplasticizers (ASTM C1017, "Chemical Admixtures for Use in Producing Flowing Concrete") Specialty Admixtures such as corrosion inhibitors, shrinkage reducers and rheology modifiers (specific language is currently under development and review by ASTM C494, "Standard Specification for Chemical Admixtures for Concrete") 5 It is important to store admixtures in a manner that avoids con- tamination, evaporation and damage. Protect liquid admixtures from freezing and extreme temperature changes, which could adversely affect their performance. Be sure to follow the manu- factures' storage recommendations if unsure of the proper stor- age procedure or if there are special storage procedures for the admixture. It is also important to protect admixture batching com- ponents from dust and temperature extremes. Ensure admixtures are accessible for visual observation and periodic maintenance. Perform periodic recalibration of the batching system as recom- mended by the manufacturer or as required by local regulations. Chemical admixture performance can vary; exercise caution, especially when using new products. Test some trial batches and document the results before using a new admixture for produc- tion. Follow manufacturers' recommendations exactly. Carefully check admixtures for compatibility with the cement and any other admixtures used. Do not mix similar admixtures from different manufacturers without the manufacturer's agreement or testing to verify compatibility. Additional guidelines for the use of admixtures are included in ACI 212.3, "Guide for Use of Admixtures in Concrete." Avoid accelerating admixtures that contain chlorides in order to prevent possible corrosion of reinforcing steel elements and other embedded metal objects. S C M ) Supplementary cementitious materials are industrial byproducts used as an addition to or as a partial replacement to portland ce- ment. Supplementary cementitious materials consist of pozzolans (calcined shale, calcined clay and metakaolin), fly ash, slag and silica fume. Primarily supplementary cementitious materials are used to improve workability, durability, strength and other proper- ties in the concrete's fresh and hardened state. SCMs have three classifications: 1. Cementitious materials — blast furnace slag (ASTM C595, "Standard Specification for Blended Cements") 2. Pozzolanic materials — Class F fly ash, silica fume, metakaolin (ASTM C618, "Standard Specification for Coal Fly Ash, and Raw or Calcined Natural Pozzolan for Use in Concrete") 3. Pozzolanic and cementitious materials — Class C fly ashes (ASTM C618) Or as per CSA A3000 • Natural Pozzolan N • Fly ash F, Cl, CH • Silica Fume SF • Slag S SCMs have a varying impact on the amount of water and air entrainment admixture required. Some SCMs, particularly fly ash, silica fume and blast furnace slag, could lead to significant im- provements in permeability and resistance to sulfate attack, which are important considerations in precast retaining wall system design and performance. Ready -Mixed Concro:?te Ready -mixed concrete is manufactured and delivered to a pur- chaser in a freshly mixed and unhardened state. It is important to verify that the ready -mixed concrete supplier is operating in accordance with ASTM C94, "Standard Specification for Ready - Mixed Concrete." Concrete testing is needed to ensure that the concrete used in manufacturing is in compliance with ASTM C94. It is essential to perform plastic concrete tests (slump, temperature, air content and density) at the plant prior to casting products. Test records are useful in verifying that materials used in manufacturing precast concrete products conformed to the product specifications. Ready -mixed concrete manufacturing also should record any added water on the delivery batch ticket for each truck and keep it on file. Mix designs are selected based upon several necessary factors including permeability, consistency, workability, strength and du- rability (Ref ACI 211, "Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete"). The elements necessary to achieve high-quality precast concrete include: • Low water-cementitious ratio (less than 0.45) • Minimum compressive strength of 4,000 psi (28 MPa) at 28 days Use of good quality and properly graded aggregate Proper concrete consistency (concrete that can be placed readily by traditional methods). High water-cementitious ratios yield undesirable increased capil- lary porosity within the concrete. Capillary pores are voids result- ing from the consumption and evaporation of water during the hydration or curing process. Enlarged and interconnected capillary voids serve as pathways that allow water and other contaminants to either infiltrate or exfiltrate through the concrete. Lower water- cementitious ratios result in smaller and fewer pores, reduc- ing the permeability of the concrete. ACI 318, "Building Code Requirements for Structural Concrete;' recommends a maximum water-cementitious ratio of 0.45 for any concrete exposed to freezing and thawing, moist conditions or deicing chemicals. Proper consistency of fresh concrete is a critical element in pro- ducing high-quality, watertight concrete. Fresh concrete must be sufficiently plastic (flowable or deformable) to be properly placed, consolidated and finished. The size, shape and grading of aggre- gates, cement content, water-cementitious ratio and admixtures affect the workability of a mix. When calculating the water -cement ratio, it is important to consider the free moisture in the aggre- gates. Water -reducing admixtures and superplasticizers can greatly increase the workability of fresh concrete without increasing the water-cementitious ratio. Experience has shown that con- crete with low water-cementitious ratios (less than 0.45), can be properly placed and consolidated with the aid and proper use of admixtures. Concrete should be air -entrained in accordance with ACI 318. In certain circumstances, and where local regulations al- low it, a properly designed and tested self -consolidating concrete (SCC) mix can reduce the necessary effort to achieve proper consolidation of the concrete. Iiir��� IIII'111I1 Il.0 tra h,.m m e n Air -entraining admixtures are designed to disperse microscopic air bubbles throughout the concrete's matrix to function as small "shock absorbers" during freeze -thaw cycles. The required air content for frost -resistant concrete is determined by the maxi- mum aggregate size and severity of in-service exposure condi- tions (ACI 318). In addition, air entrainment improves workability and reduces bleeding and segregation of fresh concrete while greatly improving the durability and permeability of hardened concrete. b s III! Ing Perform plastic concrete tests (slump, temperature, air content and density) at the plant prior to casting products. Record any added water on the delivery batch ticket for each truck and keep it on file. F41, It 10 110 1*14 Alt Commercially manufactured lifting devices come furnished with documented and tested load ratings. Use the devices as pre- scribed by the manufacturer's specification sheets. All lifting devices and apparatus should meet OSHA requirements or other applicable codes and standards. Inserts embedded in the concrete shall be designed for an ultimate load that is four times the working load (Factor of Safety = 4). (Refer to OSHA 29 CFR 1926.704) Qm,ma lµ. s, Control Having a quality control manual in place outlines the basic require- ments a precast concrete plant needs to abide by to assure the production of quality precast concrete products. All plants must have a quality control program and manual, including but not limited to the following: • Documented mix designs • Pre -pour inspection reports • Form maintenance logs • Post -pour inspection reports • Plant quality control procedures • Raw materials • Production practices • Reinforcement fabrication and placement • Concrete testing • Storage and handling Records of the above listed items should be available for review by appropriate agencies upon request. It is strongly recommend- ed that daily reports are documented and maintained on file by the precast plant for a minimum of three years. Participation in the NPCA Plant Certification Program and future programs is recommended as an excellent way to ensure product quality. Use the NPCA "Quality Control Manual for Precast Con- crete Plants" as the basis for developing a strong quality control program. Quality control personnel should be adequately trained. Certifica- tion in the Production Quality School Level 1 is recommended. Also, quality control personnel performing plastic concrete testing must hold certification as an ACI Concrete Field Testing Technician Grade 1. In order to manufacture accurate (within dimensional tolerances) and surface defect -free products, precast concrete forms need to be in good condition. Frequent inspection intervals and regular maintenance ensures that forms are free of any damage that could cause concrete placement difficulties or dimensional prob- lems with the finished product. Uniform concrete surfaces are less permeable and enhance the installation and aesthetics of the completed project. Use forms that prevent leakage of cement paste and are suf- ficiently rigid to withstand the vibrations encountered in the production process. Maintain forms properly, including cleaning after each use and inspection prior to each use, to ensure uniform concrete surfaces. Ensure forms are level and on a solid base. Apply form release agents in a thin, uniform layer on clean forms. Do not apply form release agents to reinforcing steel or other em- bedded items, as it can compromise the bond between the steel and the concrete. Do not allow the form release agent to puddle in the bottom of forms. Remove excess form release agent prior to casting. A number of precast companies have their own shops where skilled workers create forms for the many specialty precast products available. Each form must be designed to meet individual product specifications. Select forming materials, configuration, hardware and accessories that help the stripping process and minimize stripping damage. Inspect and maintain joint areas to ensure proper tolerances on concrete joints and keyways. K111411:2 A SRI 9 ii°,e PmmIllm Iurm,r kiioil A typical pre -pour checklist, as illustrated on the next page, provides a means of documenting the required quality checks. A qualified individual should make inspections prior to each pour and correct any deviations prior to the start of placement activities. Pre -Pour Operations Include: • Cleaning, preparing and setting forms • Positioning steel reinforcement according to structural design Placing blockouts Positioning embedded items (Pre -Pour Checklist, Table) I,..ran s j;mc,iiI fiirig fug yin raw t When transporting concrete from mixer to form, use any method that does not contaminate the concrete, cause delay in placing, or segregate. One of the most preferred methods of pouring and placing concrete is discharging the concrete directly from the mixer into the forms. ACI 304, "Guide for Measuring, Mixing, Transporting and Placing," is a valuable reference. " ■" fug°' o ullvn^ t, t.mr iii' tt D t!dII 001'1tl^; Ilu° e "tm' w When placing any type of concrete, it is important to keep the free fall of the concrete to a minimum and deposit the concrete as near to its final location as possible without objectionable segregation. Vibration equipment should not be used to move fresh concrete laterally in the forms. Such practices result in seg- regation because mortar tends to flow ahead of the more coarse materials. Fliber,. 11einIf ol-cied Conci° IIII°° Fhe same practices as described above for placing conventional concrete apply for placing fiber reinforced concrete, but note that the workability of the FRC may be slightly reduced. Self -fu (iuuisolllluidt uuiConcrete (SCC) Place self -consolidating concrete at a constant pressure head from one end of the form, allowing air to escape as the concrete flows into and around steel reinforcement. Avoid placement prac- tices that add additional energy to the mix and cause unwanted segregation, such as excessive vibration, increased pour heights or increased discharge rates. GiDinsolbilating Coiricretie Self consolidating concrete (SCC) generally requires minimal consolidation efforts since it is able to flow and consolidate under its own weight. However, when using conventional concrete, consolidation operations are required to minimize segregation and honeycombing. Consolidation can be improved on particular molds by using vibrators with variable frequency and amplitude. Three types of vibration are prevalent in the precast industry: Internal — stick vibrator External — vibrator mounted on forms or set on a vibrating table Surface — vibrator can be moved across the surface The ideal vibrator would allow you to vary its amplitude (how far away from the vibrator each vibration can be felt) and frequency (how many times the equipment vibrates each minute). 93 Internal or immersion -type vibrators are commonly used to con- solidate concrete in walls, columns, beams or slabs. It is impor- tant to know proper vibration procedures for best results. Using proper vibration procedures will help make the concrete stronger and more durable because it helps consolidate the concrete mix and remove pockets of entrapped air. When concrete is placed into the formwork, it should always be placed as near to its final location as possible and vibrated immediately after placed. The internal vibrator should be lowered vertically and systemati- cally into the concrete without force until the tip of the vibrator reaches the bottom of the form. When using internal vibrators, concrete should be placed in wall sections using lifts not exceed- ing 2 feet (600 mm). Do not drag internal vibrators horizontally; this will cause the mix to separate, aggregates to pull away from the cement paste and reduce the quality of the product. Once consolidation is complete in one area, slowly remove the vibra- tor vertically and move the vibrator to the next area. The process of withdrawing the vibrator brings entrapped air to the surface. Insure that the fields of vibration overlap with another insertion to best consolidate the concrete and minimize defects. The most commonly used external vibrators used in precast con- crete manufacturing are vibrating tables. Vibrating tables normally consist of a steel or reinforced concrete table with external vibra- tors mounted to the supporting frame. Vibration is transmitted from the table to the mold and then to the concrete. The vibrators should be positioned to allow for overlap of vibration areas. The vibration process should continue until the product is com- pletely consolidated. Vibration is considered complete when large bubbles (3/8" (10 mm) diameter or greater) no longer appear at the surface. Also take care to not over -vibrate; segregation of the aggregate from the cement paste can result, lowering concrete quality and strength. A surface vibrator is used for consolidating concrete by application to the surface of a mass of freshly mixed concrete. Four principal types exist: vibrating screeds, pan vibrators, plate or grid vibratory tampers, and vibratory roller screeds. Each product is to be finished according to its individual specifica- tions. If finishing techniques are not specified, take care to avoid floating either too early or for too long. Premature finishing can trap bleed water below the finished surface, creating a weak layer of concrete susceptible to freeze -thaw cycles and chemical attack. Finishing with a wood or magnesium float is recommended. Do not finish until bleed water evaporates from surface. Proper curing is significant in developing chemical resistance, strength and durability. Note: Concrete temperature discussed in this manual refers to the temperature of the concrete itself, not the ambient tempera- ture. The nature of precast operations poses unique challenges to prop- er curing. To ensure cost-effective use of forms, precasters often strip the forms at the beginning of the next workday. That is an acceptable standard, according to ACI 308, "Standard Practice for Curing Concrete." The time necessary to develop enough strength to strip the forms is highly dependent on ambient temperature in the casting area. The Portland Concrete Association (PCA) lists three methods of curing: 1. Maintaining water moisture by wetting (fogging, spraying, wet coverings, etc.) 2. Preventing the loss of water by sealing (plastic coverings or applying curing compounds) 3. Applying heat (often in conjunction with moisture, with heat- ers or live steam) Choose the method(s) that best suit the particular production operation. All three are permissible for precast retaining wall systems. Maintaining moisture requires constant wetting, which is manpower -intensive. Alternate wetting and drying can lead to problems with cracking. Steam curing can also be effective and advantageous where early strength gain or additional heat for hydration is required. Concrete temperatures should never exceed 150 F (65 Q. Both of these techniques are described in ACI 308, "Standard Practice for Cur- ing Concrete;' and the PCA publication "Design and Control of Concrete Mixtures." Plastic coverings or membrane -forming curing compounds require less intensive manpower and allow form stripping the next work day. There are some special considerations for both: 1. Plastic sheeting must comply with ASTM C171, "Standard Speci- fication for Sheet Materials for Curing Concrete;' which speci- fies a minimum thickness of 4 mils and states that the sheet materials can be either white or opaque in color. PCA also states that other colors can be used depending on sun conditions and temperature. When using multiple sheets, overlap them by ap- proximately 18 inches (450 mm) to prevent moisture loss. 0 2. Curing compounds can he applied when hleed water is no longer present on the surface. As with plastic, white -colored compounds might reflect sunlight better and limit temperature gain. Follow the manufacturer's recommendations. Cold and IIII Illheru!icirefliin In cold weather conditions, hydration rates are slower and there- fore the need to retain heat from hydration becomes important. Concrete temperatures below 50 F (10 C) are considered unfavor- able for pouring due to the extended time required for strength gain and the possibility of freezing. However, once concrete reaches a minimum strength of 500 psi (3.5 MPa) (usually within 24 hours), freezing has a limited impact. Ideally, precast concrete operations should be performed in heated enclosures that will provide uniform heat to the products until they reach 500 psi (3.5 MPa). If necessary, heating the mixing water and/or aggregates can increase the concrete temperature. Do not heat above 140 F (60 C), and do not use clumps of frozen aggregate and ice. ACI 306, "Cold Weather Concreting;' contains further recommenda- tions on cold -weather concreting. In hot weather conditions, hydration rates are accelerated and therefore the need to keep the temperature regulated becomes increasingly important. It is crucial that the fresh concrete temper- ature not exceed 90 F (32 C) at time of placement. The tempera- ture of the concrete mix should be kept as low as possible using a variety of means, including: • Shading the aggregate piles • Wetting the aggregates (mix design must be adjusted to ac- count for the additional water) • Using chilled water • Substituting ice for water Note: During the curing process, ensure that the concrete temperature does not exceed 150 F (65 Q. In all cases, protect freshly cast products from direct sunlight and drying wind. ACI 305, "Hot Weather Concreting;' contains further recommenda- tions on hot -weather concreting. w Uw11, , : Cranes, forklifts, hoists, chains, slings and other lifting equipment must be able to handle the weight of the product with ease and comply with federal and local safety requirements. A routine inspection of all handling equipment is necessary. Quali- fied personnel should make periodic repairs and perform mainte- nance as warranted. Tag all chains and slings with individual load capacity ratings. For U.S, plants, refer to the specific requirements of the Occupational Safety and Health Administration (OSHA). For Canadian plants, refer to the specific requirements of the Cana- dian Centre for Occupational Health and Safety (CCOHS). It is critical that concrete gain sufficient strength before stripping from the forms. If the forms are stripped prematurely the con- crete may never reach full design strength. Due to the nature of the precast business, the American Concrete Institute recognizes that forms will usually be stripped the next workday. Under nor- mal conditions (concrete temperatures greater than 50 F (10 C)), properly designed concrete can reach the minimum compressive strength for stripping within this time period. Periodic compres- sive strength testing of one -day or stripping strength cylinders is recommended to confirm that proper concrete strength is attained. It is important to handle recently poured and stripped products with care. Perform lifting and handling carefully and slowly to ensure that dynamic loads do not damage the product. Always follow recognized safety guidelines. Product Damage During Stripping — Inspect the product immedi- ately after stripping to check for damage. A post -pour inspection checklist, as illustrated on the following page, provides a method of identifying and communicating quality problems as they occur and to identify any trends. After stripping a product from its form, inspect the product for conformance with the fabrication drawings. Clearly label all products with the date of manufacturing and mark these in accordance with project specifications and plans. a ii -W C o i ii c r e te ipdin ) l )i,iaO ,, Defects that do not impair the use or life of the product are considered minor or cosmetic and may be repaired in any manner that does not impair the product. 10 The proper procedure for repairing honeycombed areas is as fol- lows: Remove all loose material from the damaged area. Cut back the damaged zone in horizontal or vertical planes deep enough to remove the damaged concrete. Use only materials that are spe- cifically developed for concrete repair, and make repairs according to the manufacturers' specifications. Coarse aggregate particles should break rather than merely dislodge when chipped. Repairing Major Defects Major defects are defined as those that impair the intended use or structural integrity of the product. If possible, repair products with major defects by using established repair and curing proce- dures only after a qualified person evaluates the feasibility of the repair. For products that require secondary pours, establish procedures to assure that the new concrete bonds adequately to the product and becomes an integral part of it as per ASTM C1059, "Standard Specification for Latex Agents for Bonding Fresh to Hardened Concrete." The surfaces of the product against which the secondary pour is to be made should be free of laitance, dirt, dust, grease or any other material that will tend to weaken the bond between the original and new concretes. If the surface is very smooth, roughen it to help promote a good bond. As a minimum, use a high-quality water stop, keyway and continuation of reinforcing between pours to ensure a watertight joint. Staiiage cif Products Storage areas must be flat and strong enough to support the product without causing damage. Store the product in a manner that will not damage it in any way while stacking, moving or han- dling and in a manner that will facilitate rotation of inventory. Unless otherwise required by project specifications or authority having jurisdiction, products should be marked in accordance with project specifications and plans. 1 nal Piiivduct IIIIuu°i m ctimir°i Check the product visually at the plant prior to shipping, preferably after being loaded and secured on the delivery vehicle. If there are any defects or areas of concern, this should be noted and filed. Pr� c ict All vehicles used to transport products should be in good condi- tion and capable of handling the product without causing dam- age. Allow products to adequately cure prior to shipment to a job site or distant storage areas. Secure all products properly with appropriate blockage and nylon straps in order to avoid product damage during shipment. NPCAs publication "Cargo Securement for the Precast Concrete Industry" outlines proper methods for securing product. The final inspection should include a check of these items. N71.,6141i Lei ol This portion of this Best Practice Manual is designed to cover items that a precaster should be prepared to deliver to its cus- tomers from a retaining wall design and engineering perspec- tive. CS'1111 j n A number of products currently exists in the marketplace with more likely to follow. In order to support the proper engineering of a precast retaining wall system, the product needs to have completed a number of tests that will assist the design engineer in modeling performance of the precast retaining wall. Those tests include: 1. A sliding test, which establishes the resistance to sliding of the precast retaining wall when placed on varying bearing surfaces. Generally sliding tests are run on crushed stone and lean concrete surfaces. 2. A shear test, which establishes the resistance that one pre- cast retaining wall unit, will have against any locking mecha- nism within a second precast retaining wall unit. Also with reinforcement? 3. A connection test for walls that involve reinforcement. These connection tests should be specific to the type of reinforce- ment used in a wall. Spedficatioins Each precast retaining wall system should provide a compre- hensive guide specification in CSI Master Format for the use by architects, engineers and specifiers. Such specifications should at a minimum address; (a) submittals, (b) delivery, storage and handling (c) quality assurance, (d) material characteristics, (e) execution/installation. One "material characteristic" that can be of particular importance to retaining walls is the "product height tolerance" of the wall unit. Each manufacturer will have its own recommendation regarding acceptable plus or minus maximum height tolerance. In general, height dimensions should not vary more than a maximum of 41/8 inch (3 mm) for every 4 feet (122 cm) of the unit. 11 IIID Desliign and oinstiirtictio n IIIUNFI 1,11 Each product should provide a comprehensive design and con- struction manual. Although the design of a precast retaining wall system may be fairly straightforward, it may also be quite com- plex and involve a high degree of geotechnical and/or civil engi- neering expertise. A design and construction manual will provide wall designers, installers and others with the information useful in the design, the construction and cost estimation of a precast retaining wall system that will remain attractive and structurally stable for the duration of its intended life. A checklist of items that should be addressed in a design and construction manual include: 1. Shapes Catalog 2. Architectural Finish Options 3. Unit Characteristics 4. General overview of Design Parameters a. Wall geometry b. Soils information c. Water/Drainage d. Surcharges e. Terraced Walls 5. Wall Construction 6. Typical Wall Details for corners, curves, base step ups, top of wall treatments, railing, geo-grid placement, etc. 7. Wall Charts Well Design S o.ftoirare Each precast retaining wall system company should provide engineering tools to support the design of its product. Those tools can be specific to the precast retaining wall system company or generic to a broader class of retaining wall systems. If generic, then the precast retaining wall company should be able to provide data templates specific to its product that are compatible with the generic design software. IIIA Deslign aind UIIICAii,vnt"'°""IIII uu uu liiiiur A precaster that is producing precast retaining wall systems should consider that it is selling a solution to a site-specific challenge, not merely a precast retaining wall system. As such, it may be important that a precaster work closely with an archi- tect, engineer, contractor or customer in the upfront planning stages of a project. The old axiom — measure twice, cut once — could never be truer than when planning a precast retaining wall. Time can be saved, costs reduced and value added if the supplier of the precast retaining wall system also participates in the up -front planning of the wall. This opportunity often eludes the precaster, but for those who want to add value in a category of retaining wall products that is promoting itself as a "value added product;' the informed precaster has much to contribute. By way of example, on most new construction sites (com- mercial sites), soil borings and tests will have been taken where the building is to be built. However, seldom are soil borings taken where the retaining wall is to be built. Since soil characteristics are critical to the proper design of a pre- cast retaining wall, working with the civil engineer to obtain borings at the wall locations is adding value. If involved in the planning and engineering of a precast retain- ing wall, data regarding a specific site must be gathered. A good checklist should be developed, which could include: 1. Wall Geometry Grading Plan a. Back slope b. Toe slope c. Surcharges 2. Soils a. Does a soils report from a geotechnical engineer exist? b. Determine the soil characteristics for the foundation, reinforced and retained soil zones. Precast retaining wall systems must be designed for specific site conditions. This takes into account, by way of example, wall ge- ometry, soils conditions, slopes and surcharges. Precast retain- ing wall systems must be designed to withstand these unique site conditions. Each design should be performed by a qualified professional engineer who is experienced in the design of retain- ing walls. Each precast retaining wall should be accompanied by a stamped set of plans, such plans setting forth the design methodology used and the key assumptions upon which the design is based. The plan shall also serve as the "road map" for the wall installer. As such, the plan should clearly label the block types, elevations, embedment, grid lengths, drainage details, etc. An easily understandable stamped plan will greatly increase the probability that the job foreman constructing the wall will be able to comply with the design requirements. IIIA h l III IIII a iii in The final and critical step to the completion of a precast retain- ing wall is proper wall installation. Each precast retaining wall system will / should have its own unique recommendations for proper wall component installation. It is essential that the pre - caster make available to the wall contractor wall construction guidelines. Such guidelines will generally cover site preparation, excavation, leveling pad preparation, base course installation, backfilling and compaction, drainage considerations, placement of additional courses and geogrid placement. 12 CIinuffIII5 NPCA Quality Control Manual for the Precast and Prestressed Concrete Plants ACI 116R, "Cement and Concrete Terminology" ACI 211.1, "Standard Practice for Selecting Proportions for Nor- mal, Heavyweight and Mass Concrete" ACI 211.3, "Standard Practice for Selecting Proportions for No - Slump Concrete" ACI 212.3, "Chemical Admixtures for Concrete" ACI 237 "Self -Consolidating Concrete ACI 304R, "Guide for Measuring, Mixing, Transporting and Placing Concrete" ACI 305R, "Guide for Hot Weather Concreting" ACI 306R, "Guide for Cold Weather Concreting" ACI 308R, "Guide to Curing Concrete" ACI 318, "Building Code Requirements for Structural Concrete and Commentary" ACI 544, "State -of -the -Art Report on Fiber Reinforced Concrete" ASTM International ASTM A185, "Standard Specification for Steel Welded Wire Rein- forcement, Plain, for Concrete Reinforcement" ASTM A496, "Standard Specification for Steel Wire, Deformed for Concrete Reinforcement" ASTM A497, "Standard Specification for Steel Welded Wire Rein- forcement, Deformed, for Concrete Reinforcement" ASTM A615, "Standard Specification for Deformed and Plain Carbon Steel Bars for Concrete Reinforcement" ASTM A706, "Standard Specification for Low Alloy Steel De- formed Bars and Plain for Concrete Reinforcement" ASTM A820, "Specification for Steel Fibers for Reinforced Con- crete" ASTM C33, "Standard Specification for Concrete Aggregates" ASTM C94, "Standard Specification for Ready -Mixed Concrete" ASTM C125, "Standard Terminology Relating to Concrete and Concrete Aggregates" ASTM C136 "Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates ASTM C143 "Standard Test Method for Slump of Hydraulic -Ce- ment Concrete ASTM C150, "Standard Specification for Portland Cement" ASTM C171, "Standard Specification for Sheet Materials for Cur- ing Concrete;' ASTM C260, "Standard Specification for Air -Entraining Admixtures for Concrete" ASTM C494, "Standard Specification for Chemical Admixtures for Concrete" ASTM C595, "Standard Specification for Blended Hydraulic Ce- ments" ASTM C618, "Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete" ASTM C1017, "Chemical Admixtures for Use in Producing Flowing Concrete" ASTM C1116, "Standard Specification for Fiber Reinforced Con- crete and Shotcrete" ASTM C1602, "Standard Specification for Mixing Water Used in the Production of Hydraulic Cement Concrete " AWS D1.4, "Structural Welding Code - Reinforcing Steel" , 'F(1 ,,, mc, ,r, 'Okr O,i 29 CFR 1910.184 (Slings) 29 CFR 1926.650-652 (Excavation) CSA A3000 "Cementitious Materials Compendium Gowripalan, N., et al, "Effect of Curing on Durability'; ACI, Durable Concrete, 1994 Hunter, L.E., "Concrete Waterproofing;' Pitman & Sons, London, 1947 Kosmatka, Steven H. and Panarese, William C., "Design and Control of Concrete Mixtures;' 13th edition, Portland Cement Association, Skokie, Illinois, 1988 Levett, M., "Precast Concrete;' Applied Science Publishers, Lon- don, 1982 Mindess, Sidney and Young, Francis T., "Concrete;' Prentice Hall, Englewood Cliffs, N.J. 1981 Neville, A.M., "Properties of Concrete;' 4th edition, Wiley & Sons, New York, 1996 U.S. Department of Interior, "Concrete Manual;' 8th edition, Denver, 1981 Portland Cement Association, "Design and Control of Concrete Mixtures' Fourteenth Edition, 2002 U.S. Department of Interior, "Concrete Manual;' 8th edition, Denver, 1981 Waddell, Joseph, "Fundamentals of Quality Precast Concrete;' National Precast Concrete Association, Indianapolis, IN 13 AASHTO- American Association of State Highways and Transpor- tation Officials. The AASHTO standard specifications for highway bridges have information relevant to retaining wall design. abutment — a retaining wall that provides structural support for the deck of a bridge or overcrossing. active pressure — soil pressure on a retaining wall after slight deflection which relieves some of the lateral soil load. admixture — a material other than water, aggregates, cement and fiber reinforcement used as an ingredient of concrete and added to the batch immediately before or during its mixing. admixture, accelerating — an admixture that accelerates the set- ting and early strength development of concrete. admixture, air -entraining — an admixture that causes the develop- ment of a system of microscopic air bubbles in concrete, mortar or cement paste during mixing. admixture, water -reducing — admixture that either increases the slump of freshly mixed concrete without increasing the water content or that maintains the slump with a reduced amount of water due to factors other than air entrainment. aggregate — granular material, such as sand, gravel, crushed stone or iron blast -furnace slag used with a cement medium to form hydraulic -cement concrete or mortar. Aggregates are typically inorganic, natural (e.g., gravel), processed (e.g., crushed rock) or man-made (e.g., air cooled blast furnace slag and expanded shale). backslope); used in engineering calculations, backslope increases the design on a wall, base course — the first course to be installed. It may be totally or partially buried. base material — a base pad of free draining granular material, com- pacted and leveled to receive a base course. batter — as applied to walls, the difference between the wall face alignment and vertical to horizontal. A lean of the wall face toward the retained fill is considered a positive batter, while an outward lean is considered a negative batter. Batter is often built into a wall by off -setting (setting back) successive courses of a wall by a specified amount. The batter adds a stabilizing factor to the wall. bearing capacity — the pressure that a soil can sustain without failing. bedding material — gravel, soil, sand or other material that serves as a bearing surface on which a structure rests and which carries the load transmitted to it. bleeding — the separation of mixing water or its emergence from the surface of newly placed concrete caused by the settlement of the solid materials. bonding agent — a substance applied to a suitable substrate to create a bond between it and a succeeding layer, such as be- tween a layer of hardened concrete and a layer of fresh concrete, boundary conditions — a term used to describe what is happening above the wall (parking lot, road, fence, slope). buried block — the block below grade. aggregate, coarse — generally pea-sized to 2 inches; aggregate of cement, hydraulic — cement that sets and hardens by chemical sufficient size to be predominately retained on a No. 4 sieve (4.75 interaction with water and is capable of doing so under water. mm). cementitious material — an inorganic material or mixture of inor- aggregate, fine —generally coarse sand to very fine; aggregate ganic materials that set and develop strength by chemical reaction passing the 3/8 inch sieve (9.5 mm) and almost entirely passing a with water by formation of hydrates. No. 4 sieve (4.75 mm) and predominately retained on the No. 200 sieve (0.75 mm). air content — the volume of air voids in cement paste, mortar or concrete, exclusive of pore space in aggregate particles; usually expressed as a percentage of total volume of the paste, mortar or concrete. ASTM — ASTM International is a not-for-profit organization that pro- vides a forum for producers, users, ultimate consumers and those having a general interest (government and academia) to meet and write standards for materials, products, systems and services. backfill — earth or other material placed between a retaining wall and existing ground. backslope — the non -horizontal finish grade of soils behind a wall; typically expressed as horizontal distance to vertical height (H:V cohesive soil — a cohesive soil is one that sticks together and in- cludes the clays, clay shales, silty clay, sandy clay, loams, etc. Pri- marily it resists load in direct proportion to its cohesive strength. cold joint — a joint or discontinuity formed when a concrete sur- face hardens before the next batch is placed against it. concrete — a composite material that consists essentially of a binding medium within which are embedded particles of ag- gregate fragments, usually a combination of fine aggregate and coarse aggregate; in portland cement concrete, the binder is a mixture of portland cement and water. concrete, fresh — concrete that possesses enough of its origi- nal workability so that it can be placed and consolidated by the intended methods. 14 compressive strength — measured maximum resistance of a con- crete or mortar specimen to axial compressive loading; expressed as a force per unit cross-sectional area; or the specified resistance used in design calculations. consistency — the relative mobility or ability of freshly mixed con- crete to flow; it is usually measured by the slump test. consolidation — the process of inducing a closer arrangement of the solid particles in freshly mixed concrete during placement by the reduction of voids, usually accomplished by vibration, centrifu- gation, rodding, tamping or some combination of these actions. Consolidation facilitates the release of entrapped air; as concrete subsides, large air voids between coarse aggregate particles are filled with mortar. coulomb earth pressure theory — a method for calculating simple earth pressure. The coulomb theory was developed in the 1780s and remains the basis for present day earth pressure. critical zone — the critical zone refers to either increased loading exerted on the wall by the mass of a building or the like, or move- ment of the ground which can cause movement of a building or the like. curing — action taken to maintain moisture and temperature condi- tions in a freshly placed cementitious mixture to allow hydraulic cement hydration and, if applicable, pozzolanic reactions to occur so that the potential properties of the mixture may develop. curing compound — a liquid that can be applied as a coating to the surface of newly placed concrete to retard the loss of water or to reflect heat in order to provide an opportunity for the concrete to develop its properties in a favorable temperature and moisture environment. dead load — an inert, inactive load. design manual for segmental retaining walls — published by the National Concrete Masonry Association (NCMA). This manual is used in modular retaining wall design. deleterious substances — materials present within or on aggre- gates that are harmful to fresh or hardened concrete, often in a subtle or unexpected way. More specifically, this may refer to one or more of the following: materials that may be detrimentally reac- tive with the alkalis in the cement (see alkali aggregate reactivity) clay lumps and friable particles, coal and lignite, etc. drainage material (unit fill) — free draining granular material used in the block cores and just behind the wall to collect and disperse water. A coarse, clean aggregate is used to reduce loss of mate- rial through the block joints. dry -cast (no -slump concrete) — concrete of stiff or extremely dry consistency showing no measurable slump after removal of the slump cone. differential settlement — the uneven sinking of material (usually gravel or sand) after placement, elongated aggregate — a particle of aggregate where its length is significantly greater than its width. embedment — the depth a wall is buried below finished grade. The minimum practical embedment for a wall structure is the level toe slope 6 inches below finish grade. As a wall gets taller or is placed in less stable sloping conditions, the embedment must be increased to satisfy stability requirements. Embedments are included in the total wall weight. entrained air — see air void; microscopic air bubbles intention- ally incorporated into mortar or concrete during mixing, typically between 10 pm and 1,000 pm (1 mm) in diameter and spherical or nearly so. exfiltration — to cause (as a liquid) to flow outward through some- thing by penetrating its pores or interstices. exposed wall face — the portion of the retaining wall that is above grade. factor of safety — - with respect to sliding and overturning, a minimum desirable factor of safety is 1.5 for sliding and 1.5-2.0 for overturning. fiber reinforcement — discontinuous tensile filaments of steel or synthetic materials designed to provide secondary reinforcement of concrete structures and to help mitigate the formation of plas- tic shrinkage cracks. float — a tool, usually of wood, aluminum or magnesium, used in finishing operations to impart a relatively even but still open texture to an unformed fresh concrete surface. floating — the operation of finishing a fresh concrete or mortar surface by use of a float, preceding troweling when that is to be the final finish. fly ash — the finely divided residue transported by flue gases from the combustion of ground or powdered coal; often used as a supplementary cementitious material in concrete. footing — the soils, gravel and/or engineered materials used directly below a retaining wall to distribute the weight/load of the wall to the underlying soil. forms (molds) — a structure for the support of concrete while it is setting and gaining sufficient strength to be self-supporting. foundation soil — soil zone immediately beneath the retaining wall units, wall leveling pad and the reinforced soil zone. It is important that it is sufficiently strong and that it will not consolidate. Any fill in the foundation soil must be compacted as structural fill. friable — easily crumbled or pulverized, as it refers to aggregates. friction angle — is the maximum angle of a stable slope deter- mined by friction. The higher the friction angle the more stable the slope. The friction angle is the maximum is expressed in degrees 15 and for a typical clay soil it is 26 degrees. Granular soils generally have higher friction angles. frost heave — an upthrust of ground or pavement caused by the freezing of moist soil. gap grading — aggregate graded so that certain intermediate sizes are substantially absent (i.e., aggregate containing large and small particles with medium-size particles missing). geogrid — a geosynthetic material manufactured by high tensile horizontal surface for wall construction. live load — the weight of all non -permanent objects in a structure. Live loads generally do not include the special cases of wind or seismic loading. load — (see surcharge) non cohesive soil — a non cohesive soil is one in which soil grains do not stick together (e.g. sand, gravel). It resists loads by its internal friction since its resistance increases with increasing materials specifically for the purpose of reinforcing and creating a weight from above. Generally, non -cohesive soils tend to have structural soil mass. global stability analysis — looks at a rotational or compound failure mechanism that is significantly different than simple sliding and overturning analysis. Global stability analysis is required for more complex structures involving slopes, poor soils and/or tiered wall sections. Global failures occur well behind or below the wall systems. gravity retaining wall — a free-standing retaining wall that does not require any soil reinforcement behind the wall. Modular grav- ity walls rely on weight, depth, wall batter and inter -unit shear strength to achieve stability. Larger units with more depth provide greater stability and can achieve greater wall heights. gradation — the particle -size distribution as determined by a sieve analysis (ASTM C 136, etc.); usually expressed in terms of cumu- lative percentages larger or smaller than each of a series of sizes (sieve openings) or the percentages between certain ranges of sizes (sieve openings). granular unit fill — free -draining aggregate material which is small enough (3/4 to 1-1/2 inches, not including material) to easily fill unit cores and the gaps between units while containing minimal fine material (sands, silts) that could pipe through wall joints from occasional water flow. height, total wall —the vertically measured height of a retaining wall; includes the portion of the wall extending below the ground surface in front of the wall (subgrade). hydration — formation of a compound by the combining of water with some other substance; in concrete, the chemical process between hydraulic cement and water. hydrostatic pressure — the water pressure behind the wall. This lateral force can also lead to wall failure if not accounted for in the wall design. infiltration — to cause (as a liquid) to permeate something by pen- etrating its pores or interstices. lateral earth pressure — soil pressures that are exerted laterally (horizontally). These may be active, at -rest or passive. Precast modular walls are generally designed to support active earth pres- sure due to their flexibility. leveling pad — a gravel or concrete pad installed to create a level, more uniform strength than cohesive soils. organic impurities (re: aggregate) — extraneous and unwanted organic materials (twigs, soil, leaves and other debris) that are mixed in aggregates; these materials may have detrimental ef- fects on concrete produced from such aggregates. OSHA — Occupational Safety and Health Administration, U.S. Department of Labor. overturning — the tendency to tip or rotate outward around the toe of the wall due to the moment resulting from the earth pressure force as well as other lateral forces. passive pressure — pressure acting to counteract active pressure. Passive pressures occur as a structure is forced against the soil, creating very high resisting pressures. Passive pressures are normally neglected in the design of precast modular walls due to the modest embedment. pervious — the property of a material that permits movement of water through it under ordinary hydrostatic pressure. plastic concrete — see concrete, fresh,. portland cement — hydraulic cement produced by pulverizing Port- land cement clinker, usually in combination with calcium sulfate. pozzolan — a siliceous or siliceous and aluminous material that in itself possesses little or no cementitious value but will, in finely di- vided form and in the presence of moisture, chemically react with calcium hydroxide at ordinary temperatures to form compounds possessing cementitious properties. precast modular block wall (PMB) - the generic name for walls made up of large block modular units formed of precast concrete. psi — pounds per square inch, reinforced fill — retaining wall backfill that contains reinforcing material to create the structural mass. retained soil — soil that is held back by the wall. rotational failure or slide — a failure of a slope that involves slipping of the earth on a curved surface (see global stability). scour — erosion caused by rapid flow of water. 16 secondary pour — a situation when a succeeding layer of concrete is placed on previously placed hardened concrete. segregation — the unintentional separation of the constituents of concrete or particles of an aggregate, resulting in nonuniform proportions in the mass. seismic design standards — standards that are contained in the AASHTO standard specifications for highway bridges which describe a pseudo -static method of analysis based on mononobe- okabe application of conventional earth pressure theory. set — the condition reached by a cement paste, mortar or con- crete when it has lost plasticity to an arbitrary degree, usually measured in terms of resistance to penetration or deformation; initial set refers to first stiffening; final set refers to attainment of significant rigidity. shear strength — a measure of the ability of a soil to resist forces that tend to separate it from its position on a slope and cause it to move. Shear strength includes both cohesion and internal friction. shop drawings — approved final plan for construction prepared and stamped by the wall design engineer licensed to practice in the state where the retaining wall is located. silica fume — very fine non -crystalline silica produced in electric arc furnaces as a byproduct of the production of elemental silicon or alloys containing silicon; also known as condensed silica fume and micro silica. It is often used as an additive to concrete and can greatly increase the strength of a concrete mix. sliding — the lateral movement away from the backfill surface be- cause of the horizontal forces resulting from the soil backfill and other forces such as surcharge. slope — the face of an embankment or cut section; any ground whose surface makes an angle with the horizontal plane. Toe slope is in front of the wall and the back slope is behind the wall. slope stability — consideration of a slope's propensity to fail as a result of several potential failure mechanisms including rotational slips, compound slips and translational slides (see global stability) slump — a measurement indicative of the consistency of fresh concrete. A sample of freshly mixed concrete is placed and compacted by rodding in a mold shaped as the frustum of a cone. The mold is raised, and the concrete is allowed to subside. The distance between the original and displaced position of the center of the top surface of the concrete is measured and reported as the slump of the concrete. Under laboratory conditions, with strict control of all concrete materials, the slump is generally found to increase proportionally with the water content of a given concrete mixture and thus to be inversely related to concrete strength (un- less water -reducing admixtures are used). Under field conditions, however, such a strength relationship is not clearly and consis- tently shown. Therefore, take care when relating slump results obtained under field conditions to strength (ASTM C 143). soil compaction — the method of mechanically increasing the density of soil. The proctor test (standard for modified proctor) de- termines the maximum density of a soil needed for a specific job site. The test first determines the maximum density achievable with a given compactive energy for the materials and uses this figure as a reference. Secondly, it tests the effects of moisture on soil density. The soil reference value is expressed as a percentage of density. Proper placement and compaction of soils is essential to the successful performance of the retaining wall structure. Post construction settlement is an obvious concern with poorly com- pacted materials as well as excessive lateral wall movement and/ or insufficient shear strength to perform as intended. Soils must be compacted in lifts to achieve maximum soil shear strength and validate the design. soil conditions — the on-site conditions of the soil for the footing and the backfill materials. soil reinforcement — tensile reinforcing elements usually placed in horizontal layers in soil so that the resulting composite soil is stronger than the original unreinforced soil (see geogrid), soil stabilization — the act of improving soil properties by inclusion of reinforcing elements, chemical substances, compaction or other methods. specification — an explicit set of requirements to be satisfied by a material, product, system or service that also indicates the procedures for determining whether each of the requirements is satisfied. SRWall software — design software for geogrid reinforced retain- ing walls. standard — as defined by ASTM, a document that has been developed and established within the consensus principles of the Society. superplasticizer — see admixture, water -reducing. Superplasticiz- ers are also known as high -range water -reducing admixtures. supplementary cementitious materials (SCMs) — finely divided, powdered or pulverized materials added to concrete to improve or alter the properties of the plastic or hardened concrete. surcharges — a surcharge load resulting from forces that are ap- plied along the surface of the backfill behind the wall. This extra load can be in the form of a sloping backfill surface, often referred to as the "surcharge angle" temporary or moving loads (e.g., a vehicle, building, parking lot, roadway or other retaining walls stepped one above the other). Surcharge loads must be included in the design and engineering of retaining walls. tensile load — a pulling force or stress. tensile strength — the ability of a material to withstand tension. A term used as an abbreviation for ultimate tensile stress. tiered walls — two or more walls set above or below each other, rather than building one very tall wall. The tiered walls can create 17 more useable space, and give a more aesthetic look. troweling — smoothing and compacting the unformed surface of fresh concrete by strokes of a trowel. water-cementitious ratio — the ratio of the mass of water, ex- clusive xclusive only of that absorbed by the aggregates, to the mass of portland cement in concrete, mortar or grout; stated as a decimal and abbreviated as w/c. water table — the upper limit of the portion of the ground wholly saturated with water. workability of concrete — that property of freshly mixed concrete or mortar that determines the ease with which it can be mixed, placed, consolidated and finished to a homogenous condition. This Best Practices Manual is subject to revision at any time by the NPCA Retaining and & Sound wall Product Committee, which must review it at least every three years. Special thanks are given to the Retaining Wall Task Group for updating/compiling this manual: John Gran, Stone Strong Systems, Retaining Wall Task Group Chairman Vern Dueck, Cornerstone Wall Solutions Stanley Hamilton, ReCon Wall Systems, Inc. Larry Gielenfeldt, US Concrete Precast Group This publication is designed to provide accurate and authoritative information in regard to the subject matter covered; however, National Precast Concrete Association and Update act as media- tors without approving, disapproving or guaranteeing the validity or accuracy of any data, claim or opinion appearing herein. Information is provided and disseminated with the understand- ing that the National Precast Concrete Association and Update are not engaged in rendering engineering, legal or any other professional services. If engineering, legal or other professional assistance is required, the services of a competent professional should be obtained. The National Precast Concrete Association and Update do not assume and hereby disclaim liability to any person for any loss or damage caused by errors or omissions in the material contained herein, regardless of whether such errors result from negligence, accident or any other cause whatsoever. 18 C(WHDCentral Washington Home Builders Association OO "Building and Supporting Our Communities Since 1955" Yakima Planning Commission Yakima City Hall 128 N. 2nd Street Yakima, WA. 98901 RE: Retaining Walls June 26th, 2013 On behalf of the over 500 businesses which make up the Central Washington Home Builders Association we are pleased to provide our comments. The CWHBA is a not-for-profit 501C-6 trade association established in 1955 serving a three county region of Central Washington. We fully appreciate the impetus behind the drive for an aesthetic standard for retaining walls over 6 feet in height. Avoiding any adverse impacts to a citizens property values is an important consideration in all jurisdictional decisions. But only to the point where the authority does not infringe on another's property rights. We believe the primary focus of any restricting standard should be the structural integrity component of structures built within a jurisdictions legal limits. Building codes were created and adopted decades ago to establish a floor for construction practices. The public's health and safety are the primary reasons behind the development of the codes. The International Building Code establishes the minimum construction standard for most structures, including retaining walls. We believe that code is adequate in not limiting the varieties of materials suited for retaining wall construction, but rather emphasizing the engineering requirements. We urge you to avoid limiting the material choices so long as they meet these standards. It is the position of the Central Washington Home Builders Association that the proposed language in 15.02.020 be amended as follows: Special Requirements for Retaining Walls. Retaining walls exceeding 6 feet in height, or retaining walls that are part of a stepped or terraced series of walls located closer than 15 feet from each other at any point, and that collectively exceed 8 feet in height, are subject to the following standard: Retaining wall materials will be designed, engineered and manu actured nrimarily for this purpose. If this had been the City's policy at the time the wall was built behind the Campbell's property, we are confident that they would not have had the experience they did. Sincerely, Joe Walsh, Government Affairs Director MAIN OFFICE: 3301 W. Nob Hill Blvd. • Yakima, WA 98902 P: 509.454.4006 • 800.492.9422 • F: 509.454.4008 DOC. INDEX # KITTITAS CHAPTER: 1206 Dolarway Rd., Ste. 216 • Ellensburg, WA 98926 P: 509.859.3457 Ibarra,, Rosalinda From: Al Rose [silvrfx40@bmi.net] Sent: Tuesday, June 25, 2013 1:21 PM FO I I1E, ro: Osguthorpe, Steve ISIX,'ORI) tett , Cc: Peters, Jeff Subject: Wed Planning Commission agenda dealing with Retaining Walls Attachments: image001.gif; SOME THOUGHTS on Retaining Walls.doc Steve & Jeff: I have been going through the material for the meeting tomorrow and have giving a lot of thought to the subject of Retaining Walls. While it is just a work in progress and I have been away from the type of specification writing I used to do in the Engineering Division, I thought it might help if I shared my few initial thoughts on the subject with you as a way to bring the issue together for the revised zoning. By together I mean the issue of structural and aesthetic design. I have looked at the IBC and our zoning code and have not found a reference to "Retaining Wall" so either I'm blind or there isn't any. Even the IBC doesn't mention that specific term. I refers to "wall" in many different ways. So I have put some of my words in along with the words you have put together (in red highlight) for you to consider. You'll note that I am including both issues as a combined new section under the numbering you used. I have more thoughts on this but I want this to get to you for further consideration and the rest can be discussed at the meeting. For what it may be worth my rudimentary draft language is attached. Please give me some feedback before the meeting if possible as to your thinking. Thanks in advance, Al Rose SOME THOUGHTS (Al Rose) 6/26/2013 DEFINISTION RETAINING WALL: A wall consisting of concrete, decorative masonry blocks, stone or other acceptable material, either reinforced and/or anchored into the soil and constructed on a firm foundation, and is designed to resist lateral forces of the soil it is intended to restrain. I a e, rra� ent �rlaaral g ar rrther. pra�wa larw l �a intended t 4�swa support, ri:,lawawar4aor stabilize earthen of raavelllr mialen,: l a �� a.rllrar� rwrala,arawl :ua.. fIlrwl,shrlllraa�wl:r CODE Retaining walls, where required in or for a development or other project, shall be designed in accordance with applicable structural codes and regulations such as, but not limited to, the International Building Code, State safety regulations and accepted Structural Engineering practices. Structural and Soils Engineers licensed in the State of Washington shall be employed for such designs when the retaining wall is higher than four (4) feet in height. In addition the following aesthetic conditions shall apply to all retaining walls: 15 ()9,2 10 ... leciaal Rqi&emente, f6r,Retaining 4 +"6// , Retaining exceeding � l ����l l, or retaining aralls llawl are part o1 r stepped or lrrrw� vvafis In al./s�V than 15 f6el from each x.4117 r t anypoint, n�" that collectively a a�a e(u:18 l M tin in height, an., subjecl h.? the foll(Aving standards" ar, l )P° coraalive Block (Dpbo:rnl' Retaining waall w shall be constructed ofa or l�ced wrpllli, individual blocks no lam i.r than "' high r 4" ade,' or. Ir l r:arger l:l as a� 1� * Block Option: Retaining walls shall be constructed o: or aCed With, 6IP rnq ra°,wlNw a blocks of aaa°wlr waver a that are molded to pmvide a.;lr thewrwraw,warl lalru,r wra�wr the block rwaaes in Option "a�laa, provided that actual searns of Me larger lVocks ate indiwrcawrnriblrr l"rw., m the rw.wr:klaalw)�i t eaarw. s" or c. Stone(Dption.' Retaining iva /lj shiali be ()nstrucled of, or fbc(ral wrrllhnatural stone or l� allrwf en pon, rri�:aa�wwmmled thal faaux ,alone is rr, , .lwwaad awwrrd co/oled to have, the a!''app !'aran e of natural a'wlP'-)ne;or d. Timber Option"R�:: l :wlnlralmmw walls ,wlwaw/l be carrwa;alraar lr ra of or lir r,al tvithl lraa rl rrl llw.w,.wbec or . 1..aaawlracape Option, Relaining walls s .rlaall be landscaped wrrllh vines, �:,s rqlwarr , s hrr,alMw am l/rr to:: es 1ha lscreen at least 75% aklthe wall surfa:ice w ilhin 3 year,,, of wio: Ailh, I a nw:haa rral ing shall l)rr located on-site .and w il`hin 4 Ibel of the l"6 e of the viall. I andscaping shall include an automatic, it"t-irplition systein, anci Shall be maintainef i ffiroughout the lifi- of tlm'� wali. 1, Retainitqy Walls ate exernI,)t frorn lhesi? slandamls when a, Pie �oe ot dovinhill k*ting of Ihe tetainin(,.? wall is located more Man 75 fbet ftwn any, pre,")petty fine, or, strc,,,,et tight-crf-w,,ay b. / hey ate not pail cW a t-esidential, coniniercial or profimsion�:d offic,�::, site development SELECTED INFO FROM INTERNATIONAL BUILDING CODE 2009 SECTION 2101/2102 RUNNING BOND. The placement of masonry units such that headjoints in successive courses are horizontally offset at least one-quarter the unit length. SHEAR WALL. Detailed plain masonry shear wall. A masonry shear wall designed to resist lateral forces neglecting stresses in reinforcement' and designed in accordance with Section 2106.1. Intermediate prestressed masonry shear wall. A prestressed masonry shear wall designed to resist lateral forces considering stresses in reinforcement, and designed in accordance with Section 2106.1. Intermediate reinforced masonry shear wall. A masonry shear wall designed to resist lateral forces considering stresses in reinforcement, and designed in accordance with Section 2106.1. Ordinary plain masonry shear wall. A masonry shear wall designed to resist lateral forces neglecting stresses in reinforcement, and designed in accordance with Section 2106.1. Ordinary plain prestressed masonry shear wall. A prestressed masonry shear wall designed to resist lateral forces considering stresses in reinforcement, and designed in accordance with Section 2106.1. Ordinary reinforced masonry shear wall. A masonry shear wall designed to resist lateral forces considering stresses in reinforcement, and designed in accordance with Section 2106.1. Special prestressed masonry shear wall. A prestressed masonry shear wall designed to resist lateral forces considering stresses in reinforcement and designed in accordance with Section 2106.1 except that only grouted, laterally restrained tendons are used. Special reinforced masonry shear wall. A masonry shear wall designed to resist lateral forces considering stresses in reinforcement, and designed in accordance with Section 2106.1. STACK BOND. The placement of masonry units in a bond pattern is such that head joints in successive courses are vertically aligned. For the purpose of this code, requirements for stack bond shall apply to masonry laid in other than running bond. Retaining Walls 6/26/13 1. Permits required: a, Section 105 if the International Building Code (IBC) and of the International Residential Code (IRC) requires permits for the building/erection of retaining walls over 4 feet in height. However, a shorter wall which may be supporting a surcharge (extra load besides the backfill, backfill that is sloping toward the wall, a structure, etc.) will also require a permit. b. This dimension includes the depth of the footing. c. Even if a permit is not required, it is the responsibility of the designer/builder to design the wall in accordance with local codes. 2. Section 1807.2 (IBC) requires retaining walls to be designed to resist overturning, sliding, excessive foundation pressure, water uplift, seismic, and soils must be considered in the design for lateral loads. Safety factors in the code are to be included in their design. 3. Section R404.4 (IRC) requires walls that retain over 24" of backfill to be designed similarly to section 1807.2 of the IBC. WASHINGTON STATE AMENDMENTS R404.4 Retaining walls. Retaining walls not supporting a structure that are not laterally supported at the top and that retain in excess of 24 inches (610 mm) of unbalanced fill shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning. (Insert Facing Page 108) Effective July 1, 2013 Bill Board Ordinance/Moratorium Line June 20, 2013 1. Issue Report to City ManagerJuly ........ 12, 2013 2. Draft Alternative Code Amendments August 2, 2013 3. August 2, 2013 0 Notice of Application, SEPA, and Planning Commission Public Hearing • 60 -day Notice to Commerce ......... 4. _.....__ Twenty (20) Day Public Comment Period ......... _........ � August 2 — August 22, 2013 5. ............. _....... ..... Issuance of SEPA Threshold Decision August 26, 2013 6. _..... SEPA Fourteen 14 Da ( ) y Appeal Period August 26 —September 9, 2013 7. PlanningCommission Public .....ITIT Hearing ._... ._..... . September 11, 2013 Findings and Recommendation Written 8. mmmm�Public Clerk Provides Public Notice of _ September 20, 2013 (No Later) Hearing Before Council 9. City Council Holds Public Hearing On Cell October 1, 2013 Tower Ordinance • Adopts Accompanying Ordinance 0 Ordinance is Effective Under Emergency Provisions (if Immediately unanimous), or Adopts Accompany Ordinance • Ordinance is Effective in with Moratorium Extension to Thirty (30) Days with Cover Days Until Ordinance is Moratorium Extended Until Effective Ordinance is Effective. 10. Ordinance is Recorded and Published by October 4, 2013 Clerk TOTAL TIME IN PROCESS 60 DAYS Cell Tower Ordinance/Moratorium Time Line June 26, 2013 1, ..................... ... _.._. _. June 27, 2013 Notice of Application, SEPA, and Planning Commission Public Hearing w 60 -day Notice to Commerce 2. Twenty (20) Day Public Comment Period ..... June 27 -July 17, 2013 3. _ - Staff Update with Barge Chestnut .......................... July 15, 2013 Neighborhood Association 4. Issuance of SEPA Threshold Decision ............ July 19, 2013 5. SEPA Fourteen (14) Day Appeal Period July 19 — August 2, 2013 ........-......_........... _...... _....__ a.Packet to YPC July 31, 2013 (No Later) 6. Special Planning Commission Public August 7, 2013 Hearing Findings and Recommendation Written a. Provide Labels to City Clerk August 8, 2013 7. Clerk Provides Public Notice of Public August 9, 2013 (No Later) Hearing Before Council a. Council Packet Due in Novus August 12, (No Later) 8. City Council Holds Public Hearing On Cell August 20, 2013 Tower and Adopts Accompany Ordinance 9. Ordinance is Recorded and Published by August 23, 2013 Clerk 10. Ordinance is Effective September 22, 2013