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HomeMy WebLinkAbout2008-004 Yakima Critical Areas Ordinance Repeal (Chapter 15.27 of the YUAZO) and Adoption of Complete Revision ORDINANCE NO. 2008 -04 AN ORDINANCE related to land use and planning, adopting by reference a complete revision to the City of Yakima Critical Areas Ordinance, Chapter 15 27 of the Yakima Urban Area Zoning Ordinance, repealing the existing City of Yakima Critical Areas Ordinance, Chapter 15 27 of the Yakima Urban Area Zoning Ordinance, in its entirety; and establishing an effective date for said adoption and repeal. WHEREAS, in 1998 the Yakima City Council adopted Chapter 15 27 of the Yakima Municipal Code (Ordinance Number 98 -67) establishing a City of Yakima Critical Areas Ordinance as a Chapter of the Yakima Urban Area Zoning Ordinance in accord with the requirements of RCW 36 70A.170; and WHEREAS, the City of Yakima has followed its adopted public participation program, including multiple opportunities for public participation, review by the Regional Planning Commission and recommendations of both City and County planning staff, as summarized in the contents of Exhibit "A" attached hereto and incorporated by this reference as if fully set forth herein, and WHEREAS, the City of Yakima has sought community -wide participation in this amendment to the Yakima Urban Area Zoning Ordinance by providing specific notice of opportunities for comment to Yakima County, the Yakama Indian Nation, WSDOT, WSDOT Aviation, the Yakima Valley Business Times, the Yakima Herald Republic, the EPA, NOAA Fisheries, the Yakima School District, Washington State Department of Agriculture, Department of Health, US Fish and Wildlife, local neighborhood associations, and posting on the Yakima website, to name a few but non - inclusive notice recipients, and WHEREAS, the City of Yakima has established goals and policies within this Plan to facilitate and guide the development of new regulations, based upon "Best Available Science" (as defined within the GMA), to protect and enhance both critical areas and shorelines, as required; and WHEREAS, notice of all amendments to the Yakima Critical Area Ordinance were sent to the Washington State Department of Community, Trade and Economic Development (CTED) and received by CTED at least sixty days before the amendments were adopted by the Yakima City Council, in accordance with RCW 36 70A.106(1), and WHEREAS, under the schedule established in RCW 36 70A.130(8)(a), the deadline for the City of Yakima to comply with the update required by RCW 36 70A.130(1) is December 1, 2007, and WHEREAS, City planning staff relied upon input from County planning staff, outside agency comments, scientific analysis and application of Best Available Science regarding critical areas to prepare proposed revisions deemed necessary to comply with critical area identification and protection requirements set forth in Chapter 36 70A RCW At public workshops held on November 12, 19, 26, October 3, 10,17, 24, 31, and November 28, 2007 planning staff presented their analysis and proposed revisions to the Yakima Urban Area Regional Planning Commission, and WHEREAS, the Yakima Urban Area Regional Planning Commission reviewed the analysis and proposed revisions prepared by City planning staff and then held a public hearing on January 23, 2008 to receive public comments on the analysis and proposed revisions Based upon its review of the requirements of Chapter 36 70A RCW, the analysis and proposed revisions prepared by planning staff and the public comments received, the Yakima Urban Area Regional Planning Commission modified the analysis and proposed revisions to more fully comply with Chapter 36 70A RCW and then forwarded their recommendations to the Yakima City Council on January 30, 2008; and WHEREAS, the Yakima City Council held a closed record public hearing on February 19, 2008, to consider the Regional Planning Commission's recommended findings on review and proposed revisions to the Yakima Urban Area Zoning Ordinance, and WHEREAS, based upon its review of the requirements of Chapter 36 70A RCW, the analysis and proposed revisions prepared by planning staff, the recommended findings on review and proposed revisions forwarded by the Regional Planning Commission the Yakima City Council finds and declares that the review and needed revisions have been prepared in conformance with applicable law, including Chapter 36 70A RCW, Chapter 43 21C RCW, and the process set forth in the City of Yakima Municipal Code for the provision of public participation and adoption of development standards amendments, and WHEREAS, based upon its review of the requirements of Chapter 36 70A RCW, the analysis and proposed revisions prepared by planning staff and the recommended findings on review and proposed revisions forwarded by the Regional Planning Commission the Yakima City Council hereby finds and declares that the City of Yakima's Critical Areas Ordinance, as revised by this ordinance, complies with the requirements of Chapter 36 70A RCW; Now, Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The existing Chapter 15.27 of Title 15 of the City of Yakima Municipal Code is hereby repealed in its entirety Section 2. Findings, Analysis and Conclusions. After reviewing the record and considering the arguments in the record and at public meetings, considering and applying the recommendations of the City and County Planning staff, the Yakima Planning Commission and the Yakima Regional Planning Commission, and based upon review, updating and application of the Best Available Science affecting critical areas within the Yakima Urban Area, the Yakima City Council hereby adopts the findings, analysis and conclusions contained in Exhibit "A ", attached hereto and incorporated by this reference as if fully set forth herein Section 3. Adoption of Revised City of Yakima Critical Areas Ordinance. The revised City of Yakima Critical Areas Ordinance is hereby adopted by the Yakima City Council in the form set forth in Exhibit "B ", attached hereto and incorporated by this reference, as if fully set forth herein Section 4. Adopted Critical Areas Ordinance to Replace and Supercede The City of Yakima Critical Areas Ordinance adopted hereby is intended to replace and supercede the existing City of Yakima Critical Areas Ordinance in its entirety Section 5. Transmittal to State Pursuant to RCW 36 70A.106(2), this Ordinance shall be transmitted to the Washington Department of Community, Trade and Economic Development within ten days after final adoption Section 6. SeverabilityNalidity The provisions of this ordinance are declared separate and severable. If any section, paragraph, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance The Yakima City Council hereby declares that they would have passed this ordinance and each section, paragraph, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, paragraphs, clauses or phrases were later deemed unconstitutional or invalid Section 7 Ratification Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed Section 8. Effective Date This ordinance shall be in full force and effect immediately upon the effective date of the City's proposed revision to the Nonconforming Uses Chapter 15 19 of the City of Yakima Urban Area Zoning Ordinance, which effective date shall not be less than 30 days after passage, approval, and publication of this ordinance or the ordinance by which revisions to Chapter 15 19 of the Yakima Municipal Code become effective, whichever last occurs, as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 19 day of February, 2008 ATTEST 4.4/4'9 aetegen-l-- M icia ►e 7o G.we.ey, A5SIS7eAT Mayouie coy City Clerk Publication Date 2/22/08 Effective Date 3/23/08 Exhibit A (Previously distributed) City of Yakima 2007 Critical Areas Ordinance Update (CAO) Exhibit List 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 EXHIBIT LIST ' City Council Public Hearing February 19, 2008 1 Applicant: City of Yakima • File Number: UAZO EC #52 -07 Site Address: Corporate Boundaries of the City of Yakima Staff Contact: Doug Maples, Code Administration and Planning Manager Jeff Peters, Assistant Planner 1 Table of Contents 1 CHAPTER AA Regional. Planning Commission Recommendation CHAPTER A Staff Report CHAPTER B Process Timeline ' CHAPTER C Comments from Agencies 1 CHAPTER D E -mail Communications 1 CHAPTER E SEPA Review 1 CHAPTER F RPC Agenda and Minutes on Critical Areas Ordinance (CAO) 1 CHAPTER G Final UAZO CAO CHAPTER H Maps CHAPTER I Public Notices CHAPTER J Yakima County Commissioners s Requested Info CHAPTER K Matrix City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 1 EXHIBIT LIST City Council Public Hearing ' February 19, 2008 Appl City of Yakima ' File Number: UAZO EC #52 -07 Site Address: Corporate Boundaries of the City of. Yakima Staff Contact: Doug Maples, Code Administration and Planning Manager Jeff Peters, Assistant Planner: r Table of,Contents CHAPTER AA Regional Planning Commission I • Recommendation 1 CHAPTER A Staff Report CHAPTER B Process Timeline r CHAPTER C Comments from Agencies CHAPTER D E -mail Communications CHAPTER E SEPA Review CHAPTER 'F RPC Agenda and Minutes on Critical Areas Ordinance (CAO) ' CHAPTER G Final UAZO CAO 1 CHAPTER H Maps CHAPTER I Public Notices CHAPTER J Yakima County Commissioners Requested Info 1 CHAPTER K Matrix r- 1 1 . Cit y of Yakima 2007 Critical Areas Ordinance. Update (CA O) ( O) 1 UAZO EC #52 -07 1 EXHIBIT LIST ' CHAPTER AA Regional Planning Commission's Recommendation 1 EXHIBIT DOCUMENT DATE AA -1 Regional Planning Commission's Findings of Fact, 1 -30 -08 Conclusions, and Recommendation 1 1 1 1 1 1 1 1 1 1 1 1 1 i YAKIMA URBAN AREA REGIONAL PLANNING COMMISSION ' FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION: 2007 CRITICAL AREAS ORDINANCE (CAO) January 30, 2008 • General Critical Areas Findings ' The Growth Management Act requires the adoption of development regulations that protect critical areas designated in accordance with RCW 36.70A.170. ' RCW 36.70A.172 requires local governments to give special consideration to the conservation and protection measures necessary to preserve or enhance anadromous fisheries. 1 Critical areas include: wetlands; areas with a critical recharging effect on aquifers used for potable water; frequently flooded areas; geologically hazardous areas; and fish and 1 wildlife habitat conservation areas. Development may result in cumulative impacts to those functions and values of critical ' areas that contribute to and are necessary for a healthy natural environment and perceived quality of life. The development of residences, businesses, shopping areas and other structures, and the clearing of land for accommodation of livestock and for such development all have the potential of adversely and significantly impacting the functions and values of critical areas. ' The unwise development of resource lands or areas susceptible to natural hazards may lead to inefficient use of limited public resources, jeopardize environmental resource functions and values, subject persons and property to unsafe conditions, and affect the perceived quality of life. • It is more costly to remedy the loss of critical area functions and values than to conserve and protect them from loss or degradation. DOC. 1 INDEX i In determining what critical areas are to be afforded a particular degree of protection , within the Yakima Urban Area, the Yakima Urban Area Regional Planning Commission (RPC) has evaluated a wide range of the best science available with respect to the critical areas to make informed decisions that meet the intent of the Growth Management Act and that are also reflective of local needs. The source of this best available science that was evaluated and included in this ordinance is Yakima County's Review of Best Available Science For Inclusion in Critical Areas Ordinance Update, October 2006, together with all appendices and exhibits thereto. Protection standards for one critical area often provide protection for one or more other critical areas. Critical areas may also be protected by other actions by the City and County of Yakima 111 within the Yakima Urban Area such as stormwater management standards, building code regulations, Federal Emergency Management Agency Flood Plain regulations, critical area restoration, and public education; and from other regulations, such as the Forest i Practices Act, the Shoreline Management Act, the State Environmental Policy Act, the Clean Water Act, and Model Toxics Control Act. The U.S. Constitution prohibits the taking of private property without just compensation. taking P P P Y J P Wetlands 1 Wetlands and streams are environmentally sensitive and serve numerous natural functions and values. These functions include: wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow; and ground water recharge and discharge. In many situations these functions cannot be adequately replicated or replaced. The scientific literature supports in the inclusion of protective buffers from wetlands to provide sediment control and nutrient inputs to wetlands, and to protect important wetland functions. Wetlands are identified and rated according to the Washington State Wetland Identification and Delineation Manual, and Washington State Wetland Rating System Eastern Washington, prepared by the Washington State Department of Ecology (Ecology). 1 The scientific literature reviewed by the RPC supports protective buffers ranging from 25 to 200 feet of relatively intact native vegetation to adequately protect wetland functions and values. Appropriate wetland mitigation ratios — ratios of areas of wetland replacement and enhancement to that altered or destroyed — are established in Wetlands in Washington State — Volume 2: Guidance for Protecting and Managing Wetlands — Appendix 8 -D - § DOC. 2 INDEX # — , 1 1 8 -D3 or as revised (Washington State Department of Ecology. Publication number 05- 06 -008 — http: / /www.ecy.wa.gov /programs /sea/bas _wetlands /volume2final.html): 1 Critical Aquifer Recharge Areas WAC 365 -190 -080 defines well head protection areas, sole source aquifers, special, I • protection areas, and other areas that are susceptible or vulnerable to ground water contamination as areas with acritical recharging effect on aquifers used for potable water (also referred to as critical aquifer recharge areas). • Potable water is an essential life - sustaining element. Much of the drinking water for the Yakima Urban Area comes from groundwater supplies. ' Once ground water is contaminated it is difficult, costly, and sometimes impossible to clean up. ' Preventing groundwater contamination is necessary to avoid exorbitant costs, hardships, and potential physical harm to people. Guidance Document for Establishment of Critical Aquifer Recharge Area Ordinances, (Publication #97 -30), by Ecology, 2000, includes scientific recommendations for protecting groundwater, including limiting certain uses and the intensity of development 1 in critical aquifer recharge areas. Frequently Flooded Areas Flood hazard areas are subject to periodic inundation that results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by development in areas prone to inundation that increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from ' flood damage also contribute to flood loss. Floodplain and stream connectivity are major elements in maintaining healthy riparian 1 habitat and off - channel habitats for the survival of fish species and conveyance of floodwaters. If river, floodplains and other systems are not viewed holistically as biological, geomorphological units, this can lead to serious degradation of habitat and ' increase flood hazards, which, in turn, can contribute to listing of various fish species as threatened or endangered and result in extraordinary public expenditures for flood protection and relief. DOC. INDEX 1 3 Frequently flooded areas, including the 100 -year floodplain and the floodway, are 1 commonly mapped on flood insurance maps, often known as Flood Insurance Rate Maps, or FIRMs. 1 Geologically Hazardous Areas Geologically hazardous areas are subject to periodic geological events that results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1 Geologic hazards may be exacerbated by development and human activity in sensitive areas, and impacts resulting from geologic hazards may be reduced by limiting development and human activity within or adjacent to the geologic hazard. • Some geologic hazards may be intensified during periods of consistent or heavy rainfall that results in ground saturation or surface water drainage flows. • Fish and Wildlife Habitat Conservation Areas i Fish and wildlife habitat conservation areas perform many important physical and biological functions that benefit the Yakima Urban Area and its residents, including but not limited to: maintaining species diversity and genetic diversity; providing 1 opportunities for food, cover, nesting, breeding and movement for fish and wildlife; serving as areas for recreation, education and scientific study and aesthetic appreciation; helping to maintain air and water quality; controlling erosion; and providing neighborhood separation and visual diversity within urban areas. Wetlands and streams are environmentally sensitive and serve numerous natural 1 functions and values. These functions include wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow;, and ground water recharge and discharge. In many situations these functions cannot be adequately replicated or replaced. The scientific literature supports in the inclusion of protective buffers from streams to 1 provide sediment control, nutrient inputs to downstream waters, large woody debris, and other functions important to riparian areas. The Washington Department of Fish and Wildlife (WDFW) has prepared management recommendations for the preservation of priority habitat and species, which are based on the best available science, and include, in some instances, recommended protective buffer distances. Salmonid and anadromous fish may be more impacted by development and human activity during some times than others. Such times are referred to as "fish windows," which have been documented by WDFW. 1 • DOC. , INDEX 4 • • 1 The City of Yakima has classified watercourses within its jurisdiction according to five stream- typing systems based on flow regime, and perennial, intermittent and ephemeral status. WAC 365 -190- 080(5) grants flexibility to make decisions in the context of local circumstances, and specifically excuses local jurisdictions from being required to protect "all individuals of all species at all time." ' In accordance with the Washington Growth Management Act, Ch. 36.70A RCW, the City of Yakima adopted an updated Urban Area Comprehensive Plan in December 2006, known as Plan 2025, which contains goals and policies to protect critical areas. This ' document provides policy guidance on land use, development regulations and service issues within the Yakima Urban Area. This CAO is in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025 which • require that cities and counties adopt 1 development regulations that are consistent with and implement comprehensive plans. ' Following review and completion of the Yakima County Planning Commission's proposed draft CAO, the City of Yakima initiated review of the proposed document on September 12, 2007, holding its first Yakima Urban Area Regional Planning Commission ' workshop on the document. During the fall and winter of 2007, the RPC continued to hold televised open public workshops on the CAO on a near - weekly basis. During these workshops, the RPC reviewed and edited the draft CAO to reflect needs specific to the Yakima Urban Area, clarify ambiguity, and address public and agency comments. In addition to the RPC workshop meetings, at which the RPC was available to accept ' public comment both orally and in writing, the City of Yakima received four comment letters during a twenty (20) day public comment period on the CAO. Comments were received from the following agencies: Yakima County; Ecology, including Ecology's 1-EMA division; and the Washington State Department of Community, Trade and Economic Development. ' In accordance with Ch. 197 -11 WAC and Ch. 6.88 YMC, the City of Yakima issued pursuant to the State Environmental Policy Act (SEPA) a preliminary determination of non - significance and notice of incorporation by reference of existing environmental '. documents regarding the environmental review of the proposed CAO on November 26, 2007. The City expects to issue a SEPA final determination of non- significance for the proposed ordinance following final review by the RPC. ' A public hearing of the RPC was noticed in a local newspaper of record on January 11, 2008, and said hearing occurred on January 23, 2008. Five interested persons appeared at the hearing and four persons commented to the RPC regarding the CAO. The RPC deliberated on suggested edits and reached consensus to amend the CAO to address most of the comments received. The RPC directed City staff to complete a final version of the draft CAO. Other forms of public notice were provided in the following manner: DOC. INDEX 1 5 • 1. A general mailing to interested parties — January 11, 2008; 2. Posting on the City of Yakima's web site — January 11, 2008; ' 3. Announcements on the City of Yakima's public affairs television channel (YPAC) of scheduled public hearings — January 11, 2008; 4. Press releases to the local media — January 11, 2008; and 1 • 5. Posting of information at the offices of the City of Yakima Code Administration and Planning Division and Yakima City Clerk, in addition to locations designated by the Yakima City Clerk — January 11, 2008. Conclusions 1 1. The 2007 Urban Area Critical Areas Ordinance addresses and is consistent with the requirements of the Growth Management Act, Ch. 36.70A RCW (GMA). 2. For the 2007 Urban Area Critical Areas Ordinance the City and County of Yakima are - using best available information to map critical area resources within the Yakima Urban Area consistent with the best available science requirements in GMA to designate and protect critical areas. , 3. For the 2007 Urban Area Critical Areas Ordinance the City and County of Yakima are implementing policies for protection of critical areas that are 1 consistent with best available science identified in the best available science source papers and during the SEPA analysis referred to above. 4. The. 2007 Urban Area Critical Areas Ordinance presents no probable significant adverse environmental impacts, as reflected in the City's SEPA determinations issued to date. ' 5. The 2007 Urban Area Critical Areas Ordinance is consistent with the goals and 1 policies of the Yakima Urban Area Comprehensive Plan 2025. 6. The City followed procedural requirements of the GMA to notify and advertise the 2007 Urban Area Critical Areas Ordinance to the public and to interested agencies and all oral and written comments received during all respective processes have been considered. • DOC. 1 INDEX 6 #AA _, 1 1 Recommendation ' The Yakima Urban Area Regional Planning Commission recommends that the Yakima City Council and the Yakima County Board of County Commissioners adopt the 2007 Yakima Urban Area Critical Areas Ordinance as set forth with I revision date of January 29, 2008. Motion Based upon the findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the 2007 Urban Area Critical Areas Ordinance. The motion was carried by a unanimous vote. • 1 John Hodkinson, Acting Chair Date Regional Planning Commission • 1 1 • 1 1 • 1 1 DOC. 7 INDEX 1 # AA_ 1 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) 1 UAZO EC #52 -07 EXH1 IBIT LIST CHAPTER A 1 Staff Report EXHIBIT DOCUMENT ' DATE A -1 Staff Report 01 -23 -08 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 City of Yakima, Washington Department of Community & Economic Development Planning Division — Staff Report 1 January 23, 2008 , I City of Yakima ) Staff Report 2007 Critical Areas Ordinance Update ) Washington State Mandated Update I Staff Contact: •Doug Maples ) Jeff Peters Code Administration and Planning Manager ) Assistant Planner (509) 576 -6126 ) (509) 575 -6163 1 SUMMARY OF RECOMMENDATION I Staff recommends a recommendation of approval to the joint Elected Officials for the City and County regarding the 2007 Critical Areas Ordinance Update. I The matters contained in the proposed 2007 Critical Areas Ordinance, comments, and a review of both the Yakima Urban Area Comprehensive Plan, staff makes the following: 1 FINDINGS 1 Applicant: City of Yakima 129 North Second Street 1 Yakima, WA 98901 Location: Entire City and Urban Growth Area (UGA) I . P arcel Numbers: Entire UGA 1 Application: Washington State Mandatory Update pursuant to State Statute RCW 36.70.060(2) and 36.70.172(1) and WAC 365- 195 -900 through 925 and WAC 365- 195 - 825(2) AND RCW 36.70A.060(3). . 1 1 Background . In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima adopted an updated Urban Area Comprehensive • 1 Plan in December 2006, Plan 2025, which contains goals and policies toprotect critical areas and natural resource lands. This document provides policy guidance on land use, development regulations and service issues within the City of Yakima's Urban Growth Area. In accordance 1 with RCW 36.70A.040 and the goals and policies of Plan 2025 which requires that cities and counties development regulations to be consistent with their comprehensive plans (Yakima's 1 Plan 2025) the City is proposing to update its Critical Areas Ordinance. DOC. 2007 Critical Areas Ordinance Update INDEX Mandated by Washington State • 1 1 Over the past four years the City of Yakima and most if not all of the other various jurisdictions within Yakima County have been working jointly with Yakima County to create a regional 1 CAO. Following review and completion of the Yakima County Planning Commissions proposed draft CAO; the City of Yakima initiated review of the proposed document on September 12, 2007, holding its first Regional Planning Commission (RPC) workshop on Chapters 1 -2 of the document. The following is a chronological list of the City of Yakima's public participation /ordinance review for its 2007 Critical Areas Ordinance Update. 1 REGIONAL PLANNING COMMISSION (RPC)) 1 RPC workshop meetings to discuss the CAO update occurred during the months of September, October and November 2007. September 12, 2007 • Part One General Provision There were some suggested modifications to this section requested. 1 Part Two Definitions All of the definitions were reviewed with some added and others modified to provide additional • understanding. September 19, 2007 1 Continuation of Part Two Definitions Part Three Application and Review Procedures The application and review procedures were reviewed extensively due to the many changes • made as the application process for the city is much different then the county process. September 26, 2007 Continuation of Part Three Application and Review Procedures Part Seven Geologically Hazardous Areas The City of Yakima has a minimal amount of land designated as Geologically Hazardous for regulation by the CAO in the City's Urban Growth Area that is designated and regulated by the CAO. Therefore, little if any modifications were made to this regulation. Enforcement and Violations It was recommended to the RPC that this portion of the CAO be removed and use Chapter 15.25 of the UAZO Enforcement and Violation regulation instead. 1 October 3, 2007 Part Five Fish and Wildlife Habitat and the Stream Corridor System There were several comments from RPC members and county staff that provided modifications to the regulations addressing this topic. DOC. 1 2007 Critical Areas Ordinance Update • INDEX Mandated by Washington State - • 1 1 October 10, 2007 • ' Continuation of Part Five Fish and Wildlife Habitat and the Stream Corridor System Part Six Wetlands Since this portion of the regulations has some of the most controversial components such as buffers, the RPC reviewed this section and made some minor revisions but no changes were made to any of the buffer sizes. ' October 17, 2007 Part Four Flood Hazard Areas • ' The RPC reviewed the regulations with city and county staff making several corrective changes which if incorporated would meet FLMA standards, as was indicated in the comment letter from CTED. 1 October 24, 2007 Continuation of Part Four Part Four Flood Hazard Areas October 31, 2007 Part Eight Critical Aquifer Recharge Areas ' The RPC considered the regulations in this portion of the CAO and felt it was important to not make and text changes but to use the "Wellhead Protection Zone" mapping provided by the Water and Irrigation Division as the area the regulation would apply. Non - Conforming Uses and Facilities It was recommended to the RPC that this portion of the CAO be removed and use Chapter 15.19 of the UAZO Non - Conforming Uses and Facilities regulation instead. Other areas of Concern The RPC reviewed some of the suggested changes by City and County staff from previous secessions. 1 November 28, 2007 Discussion of Mount Vernon's Ordinance and buffer requirements The RPC was given a copy of Mount Vernon's CAO and was asked if they would support 1 flexible buffers based upon mitigation fees used for wetland banking. It was explained that this would be an addendum to the proposed CAO following adoption. 1 OTHER WRITTEN COMMENTS RECEIVED The City of Yakima Code Administration and Planning Division received four comment letters ' during the 20 day public comment period from the following agencies: 1. Yakima County Planning Division, ' 2. Washington State Department of Ecology (WSDOE), 3. WSDOE FEMA division, and 4. Washington State Community Trade Economic Department (CTED). DOC. 3 2007 Critical Areas Ordinance Update INDEX Mandated by Washington State • • 1 (See correspondence included in hearing packet and CAO Public Comment matrix) 1 CRITERIA FOR ADOPTION The city must provide development regulations for five separate natural environmental sensitive critical areas. They are as follows: • 1) Flood Hazard Areas 1 2) Fish and Wildlife Habitat and the Stream Corridor System 3) Geologically Hazardous Areas 4) Wetlands 1 5) Critical Aquifer Recharge Areas (CARA) 1 • ENVIRONMENTAL REVIEW (SEPA) In accordance with WAC 197 -11 -635, 340(2), and YMC 6.88 the City of Yakima issued a preliminary determination of non - significance and notice of incorporation by reference of - existing environmental documents regarding the environmental review of the proposed update of its existing CAO on November 26, 2007. The City expects to issue a final determination of non- significance (� for the proposed ordinance following final review by the RPC: J� The following documents are proposed to be incorporated by reference: • 1 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document as originally intended is to update Development Regulations and Final Environmental Impact Statement (FEIS), and provide an updated land use plan with policies to address growth for a 20 -year planning 1 period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science. 1 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 Description: The purpose of the above report is to meet state requirements to include best available science (BAS) in development of policies and regulations to protect critical areas. Changes in state law direct the County and/or City to document the best available science it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. 1 DOC. INDEX 4 2007 Critical Areas Ordinance Update A - I Mandated by Washington State 1 • ' PUBLIC NOTICE The Regional Planning Commission public hearing was noticed in the local paper on January ' 11, 2008. The Yakima City Council set the public hearing date for January 23, 2008, with the Joint City County elected officials. Other notices and meetings were provided for in the following manner: 1 1. A general mailing to interested parties — January 11, 2008 2. Posting on the city of Yakima's web site — January 11, 2008 ' 3. Announcements on Yakima public affairs channel (YPAC) of scheduled public hearings — January 11, 2008 4. Press releases to the local media — January 11, 2008 ' 5. Posting of information at the code administration and planning division and city clerk's offices, in addition to other city clerk designated locations — January 11, 2008 CONCLUSIONS 1. The City has met the requirement to provide development regulations that address the five state identified categories. 2. The update is consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan 2025. 1 3. The proposed ordinance meets the requirements of the Revised Code of Washington (RCW) 36.70.060(2), 36.70.172(1), and 36.70A.060(3), WAC 365 -195 -900 through 925 1 and WAC 365 -195- 825(2) and the Washington Growth Management Act. 4. A State Environmental Policy Act (SEPA) Preliminary Determination of Non- Significance and Incorporation by Reference was issued on November 26, 2007 and a Final Determination of Non - significance is expected to be issued following this public hearing which will address any potentially significant impacts. • 1 RECOMMENDATION The Code Administration and Planning Division recommends that the Regional Planning Commission approve the draft CAO and recommend approval to the Joint City /County elected officials regarding the 2007 Critical Areas Ordinance update. • • ' DOC. INDEX # A -1 5 2007 Critical Areas Ordinance Update Mandated by Washington State 1 1 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) 1 UAZO EC #52 -07 ' EXHIBIT LIST 1 CHAPTER B Process Timeline 1 EXHIBIT DOCUMENT DATE B-1 Process Timeline (Why, How, When document) 1 -23 -08 1 1 1 1 1 1 1 - 1 1 1 1 1 0 1 • 1 City of Yakima Critical Areas Ordinance Update Community & Economic Development Department 1 Code Administration and Planning Division January 23, 2008 1 Process (Why, How & When) 1 Growth Management Act (GMA) The Yakima's Comprehensive Plan must be consistent with the requirements of the ' GMA, adopted in 1990 and since amended. The GMA requires counties and cities meeting certain population and growth criteria to adopt and maintain comprehensive plans with updates ever seven years. Among other requirements, plans must ensure that 1 projected growth in urban areas be accommodated through a range of urban densities, that capital facilities keep pace with the growth, and that critical environmental areas be protected. Once the plan is completed, the City is obligated to ensure all development regulations are consistent with the plans policies and goals. Plan Framework 1 The Yakima Urban Area Comprehensive Plan 2025, that was completely updated in December 2006 and adopted by the City of Yakima and Yakima County, provides guidance to the UGA on land use, development regulations and service issues. The 1 development regulations must be consistent with Yakima's Plan 2025 so development will meet the unique needs of the community, which will have a long lasting effect into the future of the City of Yakima. ' Therefore, Washington State required local governments planning under the GMA to update the Comprehensive Plan along with the Critical Areas Ordinance (CAO). City of Yakima's Plan During the development of the City of Yakima's Yakima Urban Area Comprehensive I Plan 202.5, the development process used goals such as: (1) strong, visionary guidance, (2) managed growth and natural resources, (3) safe and effective transportation systems, • (4) economic health, (5) strong insight of the community, and (6) balanced resources and 1 community needs. Yakima Urban Area Zoning Ordinance • 1 Under state law, the Yakima Urban Area Comprehensive Plan 2025 must be used as a guidance document when updating related City development regulation standards contained in the Yakima Municipal Code (YMC). Chapter 15 of the YMC contains the ' Yakima Urban Area Zoning Ordinance. Within the Yakima Urban Area Zoning Ordinance is Chapter 15.27 Critical Areas Ordinance, which is mandated by Washington 1 DOC. INDEX i 1 ��' 11 State law to be updated by December 1, 2007. If the City does not comply with state law, 1 then the State considers the City out of compliance. State GMA Requirement to Update the Critical Areas Ordinance If the City of Yakima does not complete the Critical Areas Ordinance update by December 1, 2007 or the state does not approve update then the state may invoke sanctions on the City such as and depending upon the severity of the sanction: • RCW 36.70A.340 provides the noncompliance sanctions: o Motor vehicle fuel tax - o Transportation improvement account o Urban Arterial trust account o Rural Arterial trust account 1 o Sales and use tax o Liquor profit tax o Liquor excise tax 1 o Real estate excise tax collection • • RCW 36.70A.130 provides some indirect consequences for noncompliance: o Ineligibility for Public Trust Works Trust Funds o Ineligibility for Centennial Clean Water Fund o Loss of preference in other competitive state grants, pledges and loans per RCW 43.155.050. o Transportation planning loans and grants For the reasons mentioned above, staff has been aggressively moving through the Critical 1 Areas Ordinance (CAO) update with the Regional Planning Commission (RPC). Staff has provided a possible timeline to review the necessary steps needed to complete this update. • November 16, 2007 Public Comment Opens • December 7, 2008 Public Comment Closed • January 15, 2008 Set date City Council agenda item for a Feb. 19, 2008 public hearing on the RPC recommendation on the CAO to the Joint City /County elected officials • January 23, 2008 Regional Planning Commission's CAO Public Hearing which include any and all comments received during the 20 ' day comment period • January 30, 2008 City Clerk publishes the 20 day public hearing notice on or before January 30, 2008 • g update 30, 2008 RPC Findings of Fact on the CAO a date and Recommendation to the Joint City /County elected officials. DOC. INDEX 2 1 1 1 • February 19, 2008 Joint, City /County Elected Officials Public Hearing on ' CAO update, which include any and all comments received during the 20 day comment period, any and all comments received at the RPC public hearing and the RPC's recommendation • March 4, 2008 City Council reviews the CAO update legislation with the ' intent to approve the CAO based on the Findings of Fact and any public testimony or written correspondence • March 7, 2008 CAO update is published in the paper pursuant to the City Clerk's requirements 1 • • March 10, 2008 City of Yakima sends adopted CAO and Findings of Fact to CTED (within 10 days after adoption requirement) 1 • April 7, 2008 CAO update is becomes effective and implemented ' • April 7, 2008 City is eligible to submit for: o • Public Trust Works Trust Funds o Centennial Clean Water Fund ' o Other competitive state grants, pledges and loans per RCW 43.155.050. o Transportation planning loans and grants 1 1 1 1 1 1 1 DOC. ' INDEX 3 # ,B -1 • 1 1 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 1 EXHIBIT LIST I CHAPTER C ments from Agencies 1 EXHIBIT DOCUMENT DATE 1 C -1 Comment Letter from Charles L. Steele, Washington State 11 -09 -07 Department of Ecology C -2 E -mail Comment from Charles L. Steele, Washington State 11 -08 -07 1 C -3 Department of Ecology Comment Letter from Lynn Kohn, Department of 11 -20 -07 Community, Trade, and Economic Development 1 C -4 Comment Letter from Lynn Kohn, Department of 12 -17 -07 Community, Trade, and Economic Development C -5 Comment Letter from Gwen Clear, Department of Ecology 12 -17 -07 C -6 Comment Letter from Dean Patterson, Yakima County C -7 Comment Letter from Lynn Kohn, Department of 01 -04 -08 1 Community, Trade, and Economic Development 1 1 1 1 1 1 1 1 I ti cTnT 0 ,,� .- CITY YAKIMA 0 = _ —, CODE'.. MIN. DIVISIONI 1 6 r o ; 0 n 2000 b i lees .I +� � 3 • ❑REL _ FAXED❑ STATE OF WASHINGTON ❑PAID Felt] I DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 128 - 10th Avenue SW G PO Box 42525 a Olympia, Washington 98504 -2525 c (360) 725 -4000 I January 4 2008 1 1 Mr. Doug Maples 129 North Second Street I Yakima, Washington 98901 RE: Proposed amendments to its critical areas ordinance Dear Mr. Maples: . I Thank you for sending the Washington State Department of Community, Trade and Economic Development (CTED) the proposed amendments to the City of Yakima's critical areas ordinance (CAO) that we received on November 16, 2007. We recognize the substantial investment of time, 1 energy, and resources that these documents represent. When cities and counties work with citizens to discuss their priorities for the future, they must balance I important considerations —using land wisely, providing the foundation for economic vitality, and protecting environmental and natural resources. In crafting your comprehensive plan and development regulations to meet the unique needs of your community, you, along with other local governments planning under the Growth Management Act, have made important and long- lasting choices. These I • choices can sustain the quality of life that makes Washington a remarkable place to live and create the predictability needed for economic investment. I We especially like the following: 1 • That you have been working with the Department of Ecology to incorporate language appropriate for urban area buffers in wetland areas. • That you had the floodplain information in your CAO reviewed to meet Federal Emergency 1 Management Agency standards prior to submitting your draft CAO for review. • You included a section on recreational vehicles under specific standards in the flood hazard I protection standards. This makes good sense. • You have made changes to your CAO that have satisfied our earlier concerns (see emails sent on December 17, 20, and 27 of 2007 and January 2, 2008). . 1 DOC. INDEX # C -7 Mr. Doug Maples January 4, 2008 Page 2 1 Congratulations to you and your staff for the good work these amendments embody. If you have any questions or concerns about our comments or any other growth management issues, please call me at (360) 725 -3042. We extend our continued support to the City of Yakima in achieving the goals of growth management. Sincerely, Lynn Kohn 1 Growth Management Planner Growth Management Services LK:1w cc: Jeff Peters, Assistant Planner, City of Yakima 1 Leonard Bauer, AICP, Managing Director, Growth Management Services, CTED David Andersen, AICP, Plan Review and Technical Assistance Manager, Growth Management Services, CTED 1 11 1 1 1 1 1 DOC. 1 INDEX 1 1 1 Yakima County Comments on the proposed City of Yakima Critical Areas Ordinance 1 Prepared by Dean Patterson ' Below are Yakima County's comments to the City of Yakima's proposed Critical Areas Ordinance. These comments are based on the County's CAO, which we have been developing and are nearly finished with adoption. Our ordinance was constructed and designed very carefully to accomplish specific things, and meet very specific requirements. There are many relationships between the different sections that were carefully crafted. The City based its CAO on the County's version. In the process, the City made changes to try to 1 customize the document to City situations and preferences. My review is largely intended to look for problems caused by such edits. Just as pulling too many threads out of a sweater, or pulling out an important thread will cause major parts to fall off. Changing too many things in the County's CAO will have similar unintended consequences by disconnecting relationships or changing something that has to be a specific way for a reason. The comments below attempt to describe the problems with certain changes. Some are very important, while others are good ideas to consider for specific reasons. I tried to include the specific reason for most comments, though some were simply typographic or grammatical comments. If you have questions on these comments, please contact me at 574 -2230. Comments on Parts 1 and 2. 15.27.130 List in the middle mixes semi - colons and comas. This section should refer to the other purpose and intent sections in other parts that cover the different critical areas. Subsection (1c), as it is written, implies that continued degradation is OK if someone says so. But that whole situation is undefined for who and how. You need to be very careful about saying something like this. I recommend putting it back to the County's language. 15.27.140 Subsection 1(a2) should use the historic adoption dates for the Cities CAO and flood hazard ordinance — not the County's dates. Subsections 1(a3 thru 5) should not be under (a), but rather should be Subsection 1(b, c, and d). 15.27.200 This introductory section has two subsections. As (2) is written, you no.longer need (1). Subsection (2) should be clarified to read: "... shall be applied.to THE REGULATIONS, REVIEW, AND ' ADMINISTRATION OF all critical areas ... ". This will clarify that the definitions only apply to critical area • issues. 15.27.106 Normal Appurtancences needs to be relocated /renumbered alphabetically. 15.27.269, 270, & 271 These definitions apply to FEMA laws. They have been modified to related more to zoning usage. In the County ordinance, New Construction related to construction after the date of adopting the first FEMA regulations, which had to do with vesting. The definition now means something very different. You should get specific confirmation from the DOE flood program to confirm that this is OK. The same applies to Non - Conforming Structures and Non - Conforming Uses. In the County ordinance, they related more to a date for grandfathered status based on the first FEMA regs 1 rather than on the zoning ordinance. 15.27.278, & 279 The original County ordinance only had a definition for Restore, rather than Restore and Restoration. The proposed Restoration definition was derived from a sentence in our Restore definition. The current wording of Restoration has some odd grammar that makes it unclear what it means. I recommend deleting the text between "Restoration" and "does not imply ... ". Then the remaining sentence should simply be attached to the end of the definition for Restore. 1 DOC. INDEX 1 # C� 1 15.27.284 "...amended 1982 Shoreline Master Program (definitions)." should be amended to read 1 "...current Shoreline Master Program." Then its not dependent of an SMP of a particular date. 15.27.294 Substantial Improvement was dramatically reduced in size. A major paragraph was 1 deleted that says the CUMULATIVE IMPROVEMENTS over time are included in the 50% threshold. This is important because improvements less than 50% don't have to meet some important safety laws. As written, an existing structure can do one expansion of less than 50% after another to avoid meeting the flood safety laws. This needs to be fixed. Consult with the DOE flood program if you need to. 15.27.295 The definition of Use has been limited by reference to the zoning district. But the use in the ordinance is more general. There are lots of existing uses that may not be allowed in the zoning district. In fact the term non - conforming use uses the word "use" but it means the opposite of the current definition for Use. I recommend Using the original County version. 15.27.299 Wildlife edit: ... but IS not limited too... 1 15.27.299A Wildlife Habitat edit: ... and area WHICH, because of climate ... AND ... physical properties, has been ... • Comments on Part 3 Below are my previous e- mailed comments on Chapter 3 - Application and Review, with some modifications. I have changed the numbers to match the new numbering system and made some minor edits related to changes since the last version of the ordinance. Many of the items my comments were on have been accepted, but others have not. I will assume this is because changes were made by the RPC, and staff was not comfortable with comments that changed specific direction from the RPC. I have included my original comments so the RPC or decision makers can see the reasoning for the recommended changes. I removed the comments for items that were accepted. 1 15.27.300(5b) The last sentence says that for any project, you can accept any other permit from another agency (regardless of type or subject) and then waive the CAO. This one sentence completely undoes the whole CAO, and needs to be removed. The point of (B) is to allow the AO to incorporate CAO review into another review that the AO has some say in. 15.27.301(1) Need to drop the work "nonexempt" because exempt reviews also need a review (see the 1 review process section) to check that the project conforms to the standards (it only exempt from the • permit process). Otherwise it would need an Adjustment. The County's original language did include a couple of exclusions to this provision so that the Minor Activities Allowed Without Permit or Exemption didn't have to follow this rule. My previous comments addressed this point. 15.27.301(2) Edit: ... Identification Form AND site plan, the ... 1 15.27.302 Pre - Application Conference. The mandatory pre - application meeting was changed to non - mandatory. For actually administering the CAO, a mandatory meeting is possibly the most important step in the process. It ensures that the applicant be aware of the issues before submittal, and allows staff to confirm the presence of critical areas in a site visit. It should be kept. 15.27.303 Given that the list of items describes things that can be done without a review, and that these types of items can be very similar to things that DO need review, its important to be very clear about them. There are several deletions from the County version that take away the clarity. Examples are: the deleted subsection that covers cutting down trees and shrubs etc., references that say the activity may not be covered here but may be allowed with an exemption review, the clarification about expanding canals /ditches etc.. These clarifications are important for both applicants and staff. DOC. INDEX # C (p 1 1 15.27.304(subsections) A subsection was dropped that talks about conditions to ensure compliance with the standards. It is important because many projects that may be exempt can reasonably be expected to have trouble meeting certain standards. The conditioning ability helps ensure that measures to stay in conformance are used. 15.27.304(8) This is a very important subsection. The changes to this subsection dropped the reference to what the exemption is from, which is the Standard Development Permit process. This means that even if its exempt from the Standard permit, BUT it can't meet a standard, its NOT exempt from the Adjustment permit process. The proposed text also dropped specificity about permits required under different ordinance Parts (formerly chapters) for different critical areas. Each critical area is designated in its own Part. That is why the references to those Parts is needed. The specificity also make it clear that something may be exempt from the HRCA, but not from the GeoHazards, etc,. This may sound esoteric, but it is possibly the MOST COMMON situation. ALL THE DELETED TEXT NEEDS TO BE PUT BACK IN!!! 15.27.305 The same argument noted above about what the exemption is from applies in this D section too. There are many deletions in this section. It is based on Shoreline exemptions. We used . them because there were no exemptions for GMA, but we also wanted to be able to use the same exemptions for both shoreline areas and non - shoreline areas. If syou change them for your CAO, you won't be able to use them for you SMP later. The Shoreline WACs are very specific about the 11 exemptions. If you want to be able to use them for your SMP, you should put them back to the original County text. In addition: the exemption for small projects less than $5000 is missing; the exemption for ag /ranching /irrigation is missing (I know there is still such activities happening in the city); the exemption • for navigation aids is missing; and the exemption for dikes and drains has been deleted. Emergency exemptions, sub (e) has a grammar problem. The Fish and Wildlife Habitat exemption has been greatly expanded by the deletion in the first sentence. The way its worded now, a WalMart or other use can say they are doing a little habitat work and get an exemption for their whole project. The hazard tree exemption had the limits deleted, so that now it can be read to allow buffer clearing with little consideration. 15.27.306 The same argument noted above about what the exemption is from applies in this section too. 15.27.XXX Exemptions for Habitats of Local Importance should be added back in. They are required by fl the GHB case law. 15.27.312 In the conditioning authority, the authority for conditions to ensure compliance with development standards was deleted. This is another major link that needs to be put back in. You have to be able to condition to meet development standards. This could be done by editing (1) to accomplish the purpose and intent, AND MEET THE DEVELOPMENT STANDARDS of this chapter. Q 15.27.314(10) • The section that requires a description of how impacts or risks are avoided or minimized was deleted. This is the heart of Mitigation Sequencing found in - .03.08. If you don't require it in the report, how do you make sure its done? That section needs to be put back in. • 1 15.27.314(13a(iv)) Should be: ... goals and OBJECTIVES 15.27.314(13d) The sentence structure was changed so the subjects and objects of the sentence are different from the original text. It's the Goals and.OBJECTIVES that need to be attained. Edit: "...criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained." • 15.27.03.316(2) The opening sentence talks about Level 1/2 review, but the next sentence goes on to add Level 3 review.. I would recommend adding Level 1/2/3 at the front. • 11 DOC. INDEX a . 15.27.317(1) The second sentence talks about constraints precluding conformance with setbacks and buffers. The original text that included other development standards was deleted. However, all the other standards could also be adjusted. The text needs to be put back in. 15.27.317 (3c) The text changes also changed the scope of the section, by deleting the "including but not limited to" phrase. It now limits the alternative measures to ONLY the list, yet the list is far short of the range of options that was intended. Furthermore, removing man -made facilities limited the options further. Consequently, list of items that can be used to compensate for the adjusted buffer or other standard is limited and applicants will have fewer alternatives they can do to get the adjustment. 15.27.319 The section on Minor Revisions has extensive deletions and additions. We based the section on the SMA revision provisions. If the City wants to use similar provisions for its SMP, these changes will not be acceptable and you should change them back to the original text. (1 bib) should refer to "this chapter" rather than "these regulations." (1 bii) should drop the text about consistent with the SMP. (1 biii) had the subject and object of the sentence changed (thus changing the meaning of the sentence). The USE should not be changed. It should be put back to the original. (2) should keep the need to notify previous parties of record, though a better word may be simply to INFORM them. 15.27.321 Last sentence of the section has an extra closed parenthesis mark after Veg. Buffers that should be removed. • • 1 Comments on Part 5 15.27.500 The statement about No- Net -Loss of wetlands was deleted from the Purpose and Intent list. This is an explicit state requirement in addition to a general critical area requirement. 15.27.501 The protection approach doesn't provide much discussion of the different types of fish and wildlife habitat. Consequently, its more difficult to demonstrate that the ordinance has taken them into consideration. The County version provides documentation of how habitat is addressed to demonstrate that it was considered. It also helps staff and the public understand how the CAO protects the different habitat elements. The section should be beefed up, or you may want to rethink the use of protection approaches for each critical area. 15.27.502 The list of HRCAs should numbered as below, and text.edits made as noted. Note that the text below includes perennial and intermittent stream, but excludes ephemeral streams, which are the Type -5 streams. It also limits the lakes and ponds to the ones designated under (2), meaning those on a Type -5 stream are not regulated. It also references a specific size of buffer using the buffer tables (the proposed text does not). 1) Any floodway and floodplain ... (as in text) 2) Perennial and intermittent streams, excluding ephemeral streams, including the stream main channel and all secondary channels within the Ordinary High Water Mark; 1 3) Naturally occurring ponds under twenty acres and their submerged aquatic beds; and man- made lakes and ponds created within a stream channel. designated under (2) above; 4) All wetlands ... (as in text); 5) Where specifically cited, any flood -prone area ... (as in text); !� 6) A buffer area extending on a horizontal plane from the ordinary high water mark of a stream channel, lake, or pond, designated in this section or from the edge of a wetland designated in this section according to the distances set forth in Section 16C.06.16 (Vegetative Buffers); 15.27.503 Header should read Habitats of Local Importance. The Section needs restructuring as follows. The first paragraph should be an intro paragraph. The second paragraph should be subsection (1). You can put a header of Designation on it if you like. Subsections (a — c) would be placed under (1). DOC, 1 INDEX 11 • The free paragraph after (c) should be subsection (2), as follows, with the development standard placed under it: 1 (2) Development Standards. Projects located within Habitats of Local Importance, as designated in subsection (1) above, shall meet the standards below, rather than the development standards in 16C.06.10 through 16C.06.23 [substitute the correct citations] for Hydrologically Related Critical Areas,, unless review is also needed for a Hydrologically Related Critical Ares. [This turns off the requirement for a non -hydro Habitat of Local Importance to meet those standards, and use the one below instead.] (a) Projects shall be designed using management recommendations adopted for the Habitat of Local Importance by the County or City. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from the agencies with expertise. 15.27.504 Functional properties for Streams is missing one of the most important functions, which is the Biogeochemical ones. That should be replaced into the list. The last sentence in item (6) talks about offsetting the reduction in buffer by establishing a very small lot (my best guess on what the statement means). This would actually cause more impacts to the critical area, not offset the reduction, and is O contrary to BAS and the principle of Mitigation. The original county text should be used which talks about doing things to replace the functions lost by the reduction. a 15.27.505 The last sentence in item (1) should read: Wetlands associated with Type -1 streams are not included. Item (6a) edit: ...the lake or pond receives water FROM. • 15.27.508 The note in the prohibited uses list seems to attempt to establish an exemption. This is the wrong place for it and it should be deleted here. 15.27.509(6) This should be the last item (e) under subsection (5). O 15.27.509(14) Delete 'Required' so that there is not the implication that there is something called "required maintenance ". • O 15.27.515(11) The road standard about floodways added the provision "... unless an engineer can demonstrate another appropriate method." This doesn't negate the flood hazard requirement. This section just referred to it to remind people that it also has to be met. O 15.27.517(5) Shore Stabilization edit: "... continuous maintenance, AND which ..." 15.27.517(6) The edits changed the subject of the text from specific techniques to the Alternative Preferences. The text should be: Alternative Preferences. Vegetation, berms, bioengineering techniques, and other nonstructural alternatives which preserve the natural character of the shore shall be preferred over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization. Riprap using rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters, and other structural stabilization. 0 15.27.518(1) The original County text allowed dredging for maintenance OR CONSTRUCTION OF WATER DEPENDANT USES. The proposed text drops the text above in all caps so that any . . maintenance can be used as a justification for dredging. This is radically counter to intent and needs to fl be changed back. 15.27.519(8) The parenthetical phrase should be changed to "(compensatory storage) ", which is the a more accurate term. DOC. INDEX 1 1 15.27.521 Items 7 & 8 should be combined. 8 should be added to the end of 7. They are,really talking about the same thing in a hierarchical way. 1 Coments on Part 6 15.27.600 The statement about No- Net -Loss of wetlands was deleted from the Purpose and Intent of the Streams section. It needs to be either replaced there or placed here. This is an explicit state requirement in addition to a general critical area requirement. 15.27.602 The protection approach for Wetlands relies on the approach for the Stream Corridor, which was pretty weak. The protection approach for Wetlands in the County version has been greatly weakened here too. Might need to beef up either the Wetland one or the Streams one. Or maybe rethink the use of protection approaches for the different critical areas. The statement in the County version about No- Net -Loss of wetlands was deleted from this section. As noted above, it is needed. 15.27.603(2b) A major type of Category II wetlands are forested wetlands. But these are not included in your list. They are important and common enough that they should be. Coments on Part 7 15.27.701(3a) Landslide hazards is missing the Low category, whereas the other hazard sections have it. 15.27.701(3c) The County version included a description of the distinction between the regular FEMA flood maps and the mapped flash flooding areas. This distinction should be pointed out: The section is also missing the description of what the different hazard levels mean like other sections have. 15.27.701(3f) This item is really part of (e). 1 1 1 1 • 1 DOC. • 1 INDEX # -� 1 1 I '2, s ST.arg o Al r: F CITY OF YAKIMA ° � ° ' CODE ADMIN. DIVISION II L 7889 ° y DEC 19 2007 STATE OF WASHINGTON ❑ REC'VD FAXEDO DEPARTMENT OF ECOLOGY 0 PAID FYI ❑ III 15 W Yakima Ave, Ste 200 o Yakima, WA 98902 -3452 o (509) 575 -2490 T r_ Vv■IINVA .:;O A110 11 December DEC 2 1 2007 17, 2007 Z007 '9 33Q T i Youc 4lt., II 4 ' `v ; ' is in t `� i Lower �� r 1 111, ) Yakima ` :> watershed Doug Maples 1 City of Yakima Dept. of Community Development 129 North 2 Street ill Yakima, WA 98901. 1 Dear Mr. Maples: Thank you for the opportunity to comment on the preliminary determination of fi nonsignificance for the Update of the City of Yakima's existing Critical Areas Ordinance [EC 52 -07]. We have reviewed the documents and have the following comments. a Shorelands/Environmental Assistance a Lines 119 -120: We suggest you add this phrase to the end of the sentence: "unless improvement of the buffer is needed for new development proposed on the property" fi Lines 148 -152: Will the City then regulate mining activities that have impact areas less than the acreage threshold required by DNR for their permits? I Lines 651 -652: Suggest you add this phrase to the end of the sentence: "except those that are located within and existing wetland." I Line 682: Suggest you add the phrase "support for" after the word provide in this sentence fl Line 812: The following phrase should be added to the end of the sentence "and the project will not have an indirect impact to the function of an adjacent wetland." 111 Line 828: Add an additional subsection 5 under 15.27.301 which states that "The Administration Official shall base wetland boundary determination on those criteria specified in the Washington State Wetlands Identification and Delineation Manual I (1997). Wetland mitigation adequacy determination by the Administrative Official shall DOC. INDEX » V r . Mr. Maples 0:1Y r, December 17, 2007 = - ; < << _ . Page 2 of 4 be consistent with Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006)." The addition of this language will help assure that Administration officials base their decisions on Best Available Science. Line 901 — typo: Change start of sentence to be "Administrative Official or designee Section 15.27.305. It is not appropriate to exempt single family residences from compliance with conformance with buffer requirements. Single family residences on lots less than 1 acre in size are considered to be "high intensity uses" with respect to potential for wetland impacts. Line 900: The following phrase should be added to the end of the sentence: "including 1 mitigation for lost wetland functions." Line 917: Section 15.27.305 1 This section essentially appears to allow all single family residences to have no buffers or extremely small buffers next to wetlands without issuance of a City CAO permit. It is 1 not clear in the language that such a situation would require an Adjustment. The need for an adjustment should be made clear. Single family residential development on less than 1 acre is considered a high intensity use. Therefore, the maximum buffer size should be applied. There also should be a requirement for mitigation sequencing and an approved mitigation plan for wetland impacts in any instance where buffer sizes are not adequate to protect for impacted wetland functions. How would the City track wetland mitigation requirements if there is not a permit? We recommend that Single Family Residential developments trigger a Critical Areas permit. Line 928: Section 15.27.305 (2) - Construction of bulkheads should only be allowed in emergency situations. Bulkheads are very damaging to stream resources and oftentimes only exacerbate the situation because later larger flood events can get behind the bulkhead structure and actually make things worse. The County should require applicants to explain why a bioengineered erosion control option is not feasible before allowing a bulkhead to be built. The County should include an analysis of potential risks associated with allowing any approved exemptions as part of the findings document Line 1019: Section 15.27.307 Mitigation Requirements - The following phrase should be added to the end of the sentence: Mitigation for wetland impacts should be in accordance DOC. 1 INDEX Mr. Maples December 17, 2007 C ° i' Page 3 of 4 1 Line 1368 -1369: Decision Criteria (c) (v) - This section appears to allow for mitigation of wetland losses at a 1:1 replacement ratio. This is not consistent with requirements in section Section 15.27.604. Line 2140: Language in 1) (a) appears to exclude all streams from consideration. Are two sentences needed for clarification? Line 2261: 15.27.505 (6) Lakes and Ponds - This is a confusing section. It would appear that ponds associated or connected with type 2 streams have greater protection than those associated with type 1 streams. Presumably type 1 streams have more functional value than type 2 steams. Further explanation of this situation is warranted in order to be 1 consistent with BAS. The City may want to consider just designating the larger ponds within City boundaries based on functional values in order to be consistent with BAS and to make things easier for the public. Line 2470: Table 5 -2 Wetland Buffers Ecology recommends that the City use buffers that will protect from high intensity uses. Most of the projects that the City would process would presumably be of high intensity. The proposed City buffers are 50 feet less for all wetland categories (except for category 4 wetlands) than those buffers recommended by Ecology, which are based on our fi synthesis of Best Available Science. The minimum buffer standards as proposed will not be sufficient to protect wildlife 11 functional values of wetlands. Ecology recommends that the addition of language in the buffers table and ordinance text which states that "The standard buffers may not be reduced for wetlands that score medium (20 -28 points) or high (29 — 36 points) for wetland habitat fiunction, except where it can be shown that particular wildlife species needs within the buffer can be met with a smaller buffer." a Section 15.27.317 Adjustments (d): Ecology suggests that additional language be added (iii) which makes it clear that a mitigation plan to make up for lost functions of the O wetlands and streams be required of the applicant as well: "The applicant shall prepare a mitigation plan which addresses the decrease of wetland or stream function due to the decrease in buffer size." 1 Line 2631: Section 15.27.520 (2): regarding mining mitigation states, "Whenever feasible, operations and subsequent use or uses shall not cause permanent impairment or 8 loss of floodwater storage, wetland or other stream corridor features. Mitigation shall provide for the feature's replacement at equal value." While this language may be appropriate for the loss of floodwater storage or other stream corridor features, it is not appropriate for the mitigation of wetland losses. Wetland losses typically require DOC. INDEX o # C - 5 jPcs Mr. Maples F'" k., \; t; December 17, 2007 Page4of4 1 mitigation ratios of greater than 1:1 to replace lost functions. Section 15.27.604 of the 1 proposed ordinance states that mitigation ratios should be consistent with State guidance documents. Is it the City's intention to treat the business of mining differently from other businesses or private individuals that would have to mitigate for wetland losses at a higher ratio? In order to assure appropriate wetland mitigation and ordinance document consistency, Ecology recommends that you add the following sentence to the language in 15.27.520 (2): "Wetland losses shall be mitigated in a manner consistent with requirements outlined in section 15.27.604." If you have any questions concerning the Shorelands /Environmental Assistance comments, please contact Catherine Reed at (509) 575 -2616. Water Resources The water purveyor is responsible for ensuring that the proposed use(s) are within the 1 limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 1 90.44.100 RCW. Environmental review should analyze the likely impacts of developments that may occur 1 in allowed zones. The more specific the analysis is at the non - project stage, the less environmental review needed when a project permit application is submitted. If you have any questions concerning the Water Resources comments, please contact Yq g �P Breean Zimmerman at (509) 454 -7647. Sincerely, 1 Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575 -2012 1 2066 1 DOC. INDEX # G _5 1 111 DRAFT 11 1 December 17, 2007 D Doug Maples O Street Address Post Office Box • Yakima, Washington RE: Proposed amendments to its critical areas ordinance. Dear Mr. Maples: Thank you for sending the Washington State Department of Community, Trade and Economic o Development (CTED) the proposed amendments•to the City of Yakima's critical areas ordinance that we received on November 16, 2007. We recognize the substantial investment of time, energy, and resources that these documents represent. When cities and counties work with citizens to discuss their riorities for the future, they must balance P Y important considerations —using land wisely, providing the foundation for economic vitality, and O protecting environmental and natural resources. In crafting your comprehensive plan and development regulations to meet the unique needs of your community, you, along with other local governments 11 planning under the Growth Management Act (GMA), have made important and long - lasting choices. These choices can sustain the quality of life that makes Washington a remarkable place to live and create the predictability needed for economic investment. We especially like the following: 0 • That you retained the wetland buffers recommended by the Department of Ecology when they reviewed the Yakima County Critical Areas Ordinance. • That you had the Floodplain information in your CAO reviewed to meet FEMA standards prior to 0 submitting your Draft CAO for review. • You included a section on Recreational Vehicles under Specific Standards in the Flood Hazard Protection Standards. This makes good sense. DOC. INDEX 0 c - Li 111 City of Yakima - DRAFT- December 17, 2007 Page 2 1 Following are several points which need clarification. One comment is that in streamlining your ordinance, there were several areas where a more detailed explanation would have been helpful in understanding the concepts presented. For example: 1 • Under 15.27.304 Documented Exemption — Procedural Requirements, section 5) "All exempted activities shall use reasonable methods to avoid potential impacts to critical areas." The term "reasonable methods" is very subjective and more information is needed. The wording that Yakima County used in their CAO may provide more clarity: "To be exempt from this title does not give permission to degrade a critical area or ignore risk from natural hazards..." and refer to the requirements in your CAO, Section 15.27.304 6) a, b which require a written request for a documented exemption with specific parameters including best management practices and restoration for disturbed areas. In addition, you could include some language similar to the County's under the Pre - application Conference section which includes: "Determine whether the project can be processed as an exemption, or if not what type of permits or reviews may be needed. Final determination of necessary permits will be made based on the project design and submitted materials." • Under 15.27.305 Documented Exemptions for Hydrologically Related Critical Areas and 1 Wetlands (1) Construction of a single - family residence where the residence meets all requirements of the City of Yakima.(b) "Construction authorized under this exemption shall be located landward of the ordinary high water mark." We suggest that you include "appurtenances" and give examples such as decks, garages, driveways, utilities and so on, so that the developer understands that any construction must be located landward of the ordinary high water mark. • Under 15.27.319 Minor Revisions to Approved Uses or Development 1) a. "Changes that are not substantive are not required to obtain a revision and may be allowed." Part b goes on to explain in general what "substantive changes" refers to, however some specific examples would be helpful such as found in the County's CAO, page 40 of the Planning Commission version: "Examples of such include minor changes in facility orientation or location, minor changes in structural design that does not change the height or increase ground floor area, and minor accessory structures (such as equipment covers or small sheds near the main structure, etc)." • The section in the County's CAO on Declarative Covenants was left out of your CAO under 15.27.321 General Critical Areas Protective Measures. The inclusion of this section seems to have merit for anyone considering purchasing property or a building in an area with critical areas. This information is not always included in real estate forms and might prevent future problems for both the purchaser and the critical area. • There does not seem to be a section on Enforcement arid Penalties in the CAO which would seem prudent to include so that developers will understand the consequences of their actions. • In Section 15.27.413 Non - Conforming Uses and Facilities, it would be helpful to add some explanation as to what property owners can and can't do with their structures. The explanation in 1 the County's CAO on pages 57 -58 provides a better understanding of what's acceptable. DOC. INDEX # C -y City of Yakima y DRAFT - December 17, 2007 Page 3 Other comments and questions - include the following: ill Under 15.27.305 (2) Single- Family residence bulkheads, we suggest that you include the statement that a normal protective bulkhead is not exempt if constructed for the purpose of O creating dry land. • • Under Part Five, Fish and Wildlife Habitat and the Stream Corridor System, Purpose and Intent I statements. Subsection (5) "Protect fish and wildlife habitats, vegetation, and ecological relationships." We noticed that you decided not to include "conserve and restore" and well as "protect" in that statement and wondered why. • I • Under Designation and Mapping: Section 15.27.502 Hydrologically Related Critical Ares Features 1) a. You excluded perennial streams (Type 3) and Intermittent streams (Type 4) from features making up stream corridors and other hydrologically related critical areas. This departs from the D information found in the county's CAO. Why? • Under 15.27.602 Protection Approach, you refer to wetlands and their functions being protected III using the standards found in Part Five — I think this should be Part Four? Congratulations to you and your staff for the good work these amendments embody. If you have any 1 questions or concerns about our comments or any other growth management issues, please call me at (360)725 -3042. We extend our continued, support to the City of Yakima in achieving the goals of growth management. O Sincerely, II 1 I Lynn Kohn Growth Management Planner Growth Management Services I LK:bv - . o cc: Jeff Peters, Assistant Planner I Leonard Bauer, AICP, Managing Director, Growth Management Services, CTED David Andersen, AICP, Plan Review and Technical Assistance Manager, Growth Management Services, CTED 1 11 DOC. INDEX 1111 . 1 1 - r-r rrr :-t- r- ,,..I 'I ! {I-;- TRADE : ,�-; ".1 ! - r n , ,i t_ _".r --FTi:�E; , . .J, i�, .1 , , l . i FADE - t�l� E . , , I.'I! . C . EL< ;�. L1Ei IT November 20, 2007 Jeff Peters • Assistant Planner • City of Yakima 129 North 2nd Street Yakima, Washington 98901 Dear Mr. Peters: Thank you for sending the Washington State Department of Community, Trade and Economic Development (CTED) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Yakima - Proposed amendments to its critical areas ordinance. These materials were received on 11/16/2007 and processed with the Material ID #12368. We have forwarded a copy of this notice to other state agencies. If this is a draft amendment, adopted amendments should be sent to CTED within ten days of adoption and to any other state agencies who • commented on the draft. If you have any questions, please call me at (360) 725 -3042. Sincerely, £in cz `7G'czff • iUh 1 Lynn Kohn Growth Management Planner Growth Management Services Enclosure 1 1 1 DOC. INDEX rage 1vi O Peters, Jeff From: Steele, Chuck (ECY) [CHST461 @ecy.wa.gov] Sent: Thursday, November 08, 2007 9:52 AM To: Peters, Jeff Cc: Ike, Ryan Subject: RE: Cit of Yakima Flood Plain Ord. Changed Jeff, • I reviewed the changes you made in your email transmittal this morning. This review clears all of the findings from my November 7 letter and, together with subsequent changes we made in our telephone conversation, O brings the flood elements of the Yakima CAO into full compliance with National Flood Insurance Program and State floodplain management regulations. If the flood elements are adopted as they have been changed, we will be able to certify full compliance to FEMA. I would like to acknowledge that this is a very good measure, in that you have separate sections addressing uses and performance standards, and that you have greatly improved on several minimum standards. Such standards would make the City eligible for extra credit in FEMA's Community Rating System if the City were to establish 0 eligibility in that program. These credits would directly relate to lowering insurance rates for Yakima residents. If there are any questions as the CAO progresses, please feel free to call me. Chuck Charles L. Steele Floodplain Management Specialist O Department of Ecology SEA Program 3190 160th Avenue SE Bellevue, WA 98008 -5452 (425) 649-7139 • 11 • From: Peters, Jeff [ mailto:jpeters @ci.yakima.wa.us] O Sent: Thursday, November 08, 2007 8:54 AM To: Steele, Chuck (ECY) Subject: Cit of Yakima Flood Plain Ord. Changed D Chuck, Would you please be so kind as to take a quick glance at the City's Ord. one more time to make sure that the changes I make take care of any deficiencies? Thanks again Jeff Peters 1 1 INDEX # C Z • 1/18/2008 • f.:1 T ^�Y F o I I _ f CAT Y OF Y AK IMP 1 ifj s PANNING DIV STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office G 3190 160th Avenue SE ° Bellevue, Washington 98008 -5452 ® (425) 649 -7000 November 7, 2007 II Mr. Jeff Peters Office of Code Administration & Planning 1 129 North Second Street, 2 Floor Yakima, WA 98901 Dear Mr. Peters: This is in response to your November 6 email transmitting Yakima's Draft Critical Areas 1 Ordinance. You asked that we review the flood - related elements of the Draft, specifically Part 4, Flood Hazard Areas, to assess whether or not the flood measures will comply with National Flood Insurance Program (NFIP) and State floodplain regulations. 1 Our review was done using an Evaluation Sheet that both FEMA and Ecology use when evaluating local ordinances. This sheet is a rough, penciled worksheet, but is attached so you can see how all measures were evaluated. There are 35 measures that must be met in order for us to certify full compliance; our review indicated that the Draft met 23 of the 35, but that 12 measures were not met. A copy of the FEMA -State Model Ordinance is 1 enclosed to assist in understanding the review comments. Before describing the unmet measures, I would like to acknowledge the fact that the 1 Draft contains some very good floodplain management measures that exceed the Federal minimum standards and are highly recommended by this office and FEMA, as follows: • Your subdivision requirements specify that new lots partially within floodplains shall provide a building site outside the floodplain, or a minimum of one acre lot I size if the lot is entirely within the floodplain, and lots entirely within the floodway or channel migration zone cannot be further subdivided; • The Draft uses the more restrictive assessed value for determination of substantial improvements vs. market value; and • New manufactured home parks and expansions of existing parks are prohibited in flood fringe areas. 1 As a general comment, whenever reference is made to ASCE -24 and /or the IBC, IRC or Appendix G, the reference needs to be specific to not just the document, but to the 1 particular section of the document that is referenced. Following is a description of the deficiencies together with changes needed in your Definitions and Exemptions sections: Definitions. At 15.27.264, the definition of Existing Manufactured Home park or g p Subdivision, the date October 1, 1995 needs to be changed to December 15, 1981. That was the date of the City's first effective ordinance, and is the date that is referenced throughout the FEMA regulations as Yakima's Pre -Post FIRM date. DOC. INDEX # C - f 11 Mr. Jeff Peters November 7, 2007 Page 2 of 3 Exemptions. At Section 15.27.403(4), "an accessory barn or similar agricultural 1 structure" is exempted from Chapter 4. This is not acceptable. Agricultural exemptions have only been approved for "normal agricultural practices" involving de minimus activities such as plowing, tilling, harvesting, storing of materials, etc., normal to D operation of a farm, but that do not include structures of any kind. Construction Materials. FEMA's Section 60.3(a)(3)(ii) requires that all new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Technical Bulletin 2 -93 specifies such materials; this is taken 1 directly from the Corps of Engineers publication EP 1165 -2 -314. The standard was not found in Chapter 15.27, and must be included in the Yakima ordinance. O Construction Methods. Section 60.3(a)(3)(iii) requires that all new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. This measure was not found in Chapter 15.27 and must be added. Utility Equipment. Section 60.3(a)(3)(iv) requires that electrical, heating, ventilation, plumbing and, air - conditioning equipment and other service facilities shall be designed o and /or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. This was not found and must also be added to Chapter 15.27. 1 15.27.407(4)(c)(4), BFE Data in Subdivisions. This subsection specifies that BFE data needs to be included in all subdivision proposals. It is unclear if this means an applicant merely has to show BFE data that already exists on plats, or if it means that the applicant has to generate BFE data where it does not exist. The latter is the intent of the regulation, i.e., in Unnumbered A Zones (which do not have BFEs), an applicant has to do a detailed O step- backwater analysis to generate BFEs if the subdivision is greater than 5 acres or 50 lots. Does Section 407(4)(c)(4) require that this be done with any size development? 0 427(3), Where a BFE has not been Established. The intent of this regulation at 60.3(a)(3) is to assure that local administrators review applications in Unnumbered A Zones to assure that proposed developments will be "reasonably safe from flooding" absent BFE 1 data. That language needs to be present in this section (see 5.1 -5 of Model Ordinance). 408(2), 427(2) and 407(4), Nonresidential Floodproofing. Section 408(2) gives 1 applicants the option of either elevating or floodproofing a nonresidential structure (residential structures cannot be floodproofed). However, this section must be changed to read correctly. The last three lines would read correctly if they were changed as follows: 1 "... shall either have the lowest floor, including basement, elevated above the BFE or constructed pursuant to ASCE -24, Section 6, item 6.2.2, ...." Your reference to table 4.1 in ASCE -24 is actually to elevations in coastal high hazard areas (V Zones). Section 427 (2) contains a part of FEMA's definition of dry-floodproofing, O p but not tlbOC. total definition. Regardless, it would not be acceptable here because this is the INDEX # C - I 1 1 Mr. Jeff Peters November 7, 2007 1 Page3of3 Administration section, and none of the definition is in the Flood Hazard Protection 1 Standards, Specific Standards. Section 407(4) contains much of the wording in FEMA's floodproofing certification 1 standard at Section 60.3(c)(3), but is not acceptable because: [1] it only applies to existing structures; [2] a surveyor cannot certify structural floodproofing; and [3] Chapter 15.27 nowhere defines what the "adopted floodproofing techniques" are. Since none of the floodproofing requirements are met as the Chapter is currently written, the .best way to overcome this deficiency is to replicate Section 5.2 -2 from the FEMA Model Ordinance into your Specific Standards at 15.27.408. 15.27.408(3), Elevation and Anchoring of Manufactured Homes. This standard merely 1 requires anchoring of manufactured homes in accordance with Appendix G. Actually, Section 407(2) already has the anchoring standard that FEMA requires. What is needed is the elevation requirement that can be found at Section 5.2 -3 of the Model Ordinance. Alternatively, the City could state here that all manufactured homes shall be elevated in accordance with Section 501.1 of Appendix G. With either of these remedies, both new and existing manufactured home elevations would be satisfactorily addressed. Recreational Vehicles. Chapter 15.27.277 correctly defines RVs, but there is no performance standard at 15.27.408 addressing RVs. The correct wording for this is found at Section 5.2 -4 of the Model Ordinance. 15.27.425, Applicability. Elevation and /or floodproofing certificates are required here "except that agricultural and certain accessory structures constructed in accordance with the standards of the IBC and ASCE -24 shall not require certification." This is not acceptable. There is no exemption from this requirement for agricultural buildings. There is also no exemption for buildings that are below the IBC threshold of 200 square feet, which is what appears to be intended here. The broad reference to ASCE -24 is not 1 helpful because, as mentioned above, it does not specify the specific ASCE -24 standard. Before either FEMA or Ecology can approve this Draft of Chapter 15.27, the deficiencies 1 described above must be corrected. If you have any questions, please feel free to call me at (425) 649 -7139. Sincerely, Y at'rd-v 1 Charles L. Steele Floodplain Management Specialist Enclosures DOC. cc: Mark Carey, FEMA INDEX Dan Sokol, Jeff Lewis, Ecology # C — 1 i v G 1,--r-c4,12.....4,44 NOV 0 II F 2go7 .c. Low 4 ;k-. Washington State Model 41 (Evaluation Sheet) 111 Locality C' ' q QA- „try►/^)- Reviewer's Name L, S ly Ordinance No / P y C Date / / /1 (a 7 II Ordinance Date / / / de 7 O✓r. 11- 1"4e-56 , ; e :G4- 1 -1 e1 11 CRITERIA & MODEL ORDINANCE REFERENCE A B C D E FEDERAL REGULATION REFERENCE 1 Model Ordinance 3.2 60.3(c)(1) and (d)(2) I BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD it oc The areas of special flood hazard identified by the Federal ��� *. 6�i Insurance Administration in a scientific and engineering report entitled " The Flood Insurance Study for the (local unit) dated , with accompanying Flood Insurance Maps is hereby a adopted by reference and declared to be part of this ordinance, and any subsequent revisions. The Flood Insurance Study is on file at _address_. I 2 Model Ordinance 4.1 -1 60.3(b)(1) DEVELOPMENT PERMIT REQUIRED o A development permit shall be obtained before construction or ✓ y 1 ro development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the I "DEFINITIONS ", and for all development including fill and other activities, also set forth in the "DEFINITIONS ". a 3 Model Ordinance 4.3 -1(2) 60.3(a)(2) PERMIT REVIEW D Review all development permits to determine that all necessary permits . have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. IJ 4 Model Ordinance 4.3 -2 60.3(b)(4) USE OF OTHER BASE FLOOD DATA I When base flood elevation data has not been provided in /41 accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the (local administrator) shall obtain, review; and reasonably utilize any I base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.2, SPECIFIC STANDARDS, and 5.3, FLOODWAYS. - I 5 Model Ordinance 4.3 -3 60.3(b)(5) INFORMATION TO BE OBTAINED AND MAINTAINED I A = Flood Hazard Boundary Map OK... (J) No... (N) Other... (X) and explain B = Flood Insurance Rate Map without elevation C = Flood Insurance Rate Map with base flood elevations DOC. D = Flood Insurance Rate Map with floodways INDEX August 1999 I E = Flood Insurance Rate Map with floodways and V zones Page I of 10 # G — 1 • 11 Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 4.3 -2: (1) Obtain and record the actual (as- built) elevation (in relation q 2 1 ( i ) to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved floodproofed � z � (z) structures: (i) verify and record the actual elevation (in relation to mean sea level), and (ii) maintain the floodproofing certifications required in Section 4.1 -2(3). (3) Maintain for public inspection all records pertaining to the ,✓ u. 2 r 1 provision of this ordinance. 6 Model Ordinance 4.3 -4(1) 60.3(b)(6) 1 ALTERATION OF WATERCOURSES Notify adjacent communities and the Washington State ✓ u o 1 ((.4) (x) Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration (FIA). 7 Model Ordinance 4.3 -4(2) 60.3(b)(7) ALTERATION OF WATERCOURSES Require that maintenance is provided within the altered or ✓ ` relocated portion of said watercourse so that the flood carrying capacity is not diminished. 8 Model Ordinance 4.3 -5 INTETPRETATION OF FIRM BOUNDARIES Make interpretations where needed, as to exact location of the ✓ It 0 Li (h ) boundaries of the areas of special flood hazards (for example, where there appears to be a 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 as provide in Section 4.4. NOTE - If you do not include Section 4.4 (Variance Procedure), end the above sentence after the word "Interpretation," and add the following sentence: "such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59 -76)." 9 Model Ordinance 5.1 -1(1) 60.3(a)(3)(i) A ANCHORING All new construction and substantial improvements shall be y g e ( I) anchored to prevent flotation, collapse, or lateral movement of the structure. 9 Model Ordinance 5.1 -1(2) 60.3(b)8 A = Flood Hazard Boundary Map OK... ( '1) No... (N) Other...(X) and explain B =Flood Insurance Rate Map without elevation DOC. C = Flood Insurance Rate Map with base flood elevations D = Flood Insurance Rate Map with floodways INDEX August 1999 E = Flood Insurance Rate Map with floodways and V zones , Page 2of10 0 III B ANCHORING All manufactured homes must likewise be anchored to prevent 1 ./ `t o 7 ( • floatation, collapse or lateral movement, and shall be installed O 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 11 FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 9 Model Ordinance 5.1 -2(1) 60.3(a)(3)(ii) I C CONSTRUCTION MATERIALS AND METHODS q All new construction and substantial improvements shall be I constructed with materials and utility equipment resistant to flood damage. 9 Model Ordinance 5.1 -2(2) 60.3(a)(3)(iii) D CONSTRUCTION MATERIALS AND METHODS IV All new construction and substantial improvements shall be I constructed using methods and practices that minimize flood damage. 9 Model Ordinance 5.1 -2(3) 60.3(a)(3)(iv) I E CONSTRUCTION MATERIALS AND METHODS Electrical, heating, ventilation, plumbing, and air - conditioning 1 equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or the components during conditions of flooding. 1 10 Model Ordinance 5.1 -3(1), (2), and (3) 60.3(a)(5) and (6) UTILITIES I (1) All new and, replacement water supply systems shall be ✓ L.( 7 (L1)(,6) designed to minimize or eliminate infiltration of flood waters into the system; I (2) New and replacement sanitary sewerage systems shall be t designed to minimize or eliminate infiltration of flood waters I into the systems and discharge from the systems into flood waters; and V ,. (3) On -site waste disposal systems shall be located to avoid I impairment to them or contamination from them during flooding. I 11 Model Ordinance 5.1 -4(1) 60.3(a)(4)(i) SUBDIVISION PROPOSALS ✓ 1-107 (� (c \ J C ` 1 (1) All subdivision proposals shall be consistent with the need to minimize flood damage; I (2) All subdivision proposals shall have public utilities and N./ 1 ( L) facilities such as sewer, gas, electrical, and water systems I A = Flood Hazard Boundary Map OK... (J) No... (N) Other... (X) and explain B = Flood Insurance Rate Map without elevation DOC' C = Flood Insurance Rate Map with base flood elevations D = Flood Insurance Rate Map with floodways INDEX August 1999 E = Flood Insurance Rate Map with floodways and V zones Page 3of10 C -1 1 located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage ,/ y 0 `I ('-t) (c) ( 3) 1 provided to reduce exposure to flood damage; and 1 (4) Where base flood elevation data has not been provided or is (C ) (Li) not available from another authorized source, it shall be " ( 6 F //pm- generated for subdivision proposals and other proposed es developments which contain at least 50 lots or 5 acres � �, � e( --a (whichever is Less). 12 Model Ordinance 5.1 -5 60.3(a)(3) REVIEW OF BUILDING PERMITS Where elevation data is not available either through the Flood '\( q 2 - 7 ( 3) Insurance Study or from another authoritative source (Section lv6 „ ✓L ieir 4.3 -2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from 4 flooding. The test of reasonableness is a local judgment and o , 3 ( (3') includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 13 Model Ordinance 5.2 -1 60.3(c)(2) RESIDENTIAL CONSTRUCTION (1) New construction and substantial improvement of any ✓ k Q t (I) (4) residential structure shall have the lowest floor, including t'2 41 -`t basement, elevated to or above the base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject ' ( to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meetingthis 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 1 one foot above grade. (iii) Openings may be equipped with screens, louvers, 1 or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 14 Model Ordinance 5.2 -2 60.3(c)(3) 1 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any 1 commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or A = Flood Hazard Boundary Map OK...( '1) No...(N) Other...(X) and explain B = Flood Insurance Rate Map without elevation DOC. C = Flood Insurance Rate Map with base flood elevations INDEX D = Flood Insurance Rate Map with floodways August 1999 E =Flood Insurance Rate Map with floodways and V zones /'ti I ' Page 4of10 l� I above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level 1I. _ �� ^, s 2 1 the structure is watertight with walls substantially \ impermeable to the passage of water; Z ) 4 is o , / v 1 4ae../bQg-+0C (2) have structural components capable of resisting I buoranctic and hydrodynamic loads and effects of `_-�� � ^cam Y Y; r I (3) be certified by a registered professional engineer or I 7 (u� architect that the design and methods of construction � �'�'��� Gc �.� are in accordance with accepted standards of practice • 6 for meeting provisions of this subsection based on their w' i I development and/or review of the structural design, c. f G� specifications and plans. Such certifications shall be qt provided to the official as set forth in Section 4.3 -3(2). . 0(,,,,,,y1/ ^ : 1 (4) Nonresidential structures that are elevated, not -1- , - , G,cL floodproofed, must meet the same standards for space below the lowest floor as described in 5.2 -1(2). (5) Applicants floodproofmg nonresidential buildings shall be notified that flood insurance premiums will be I based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below the base flood 1 level). 15 Model Ordinance 5.2 -3 60.3(c)(6) & 60.3(c)(12 MANUFACTURED HOMES 1 (1) All manufactured homes to be placed or substantially 1 q LI d k ( 3) improved on sites: _ (i) Outside of a manufactured home park or �- a;-4.---3, ' subdivision, Y © 1 - 0 l'''''' > '' ( / V'r sr ,'y Jr, t DL (ii) In a new manufactured home park or subdivision, , , %, I}-ti s m,�rr lam. ' v � ,�,G Axes-1-'4' �� (iii) In an expansion to an existing manufactured home park or subdivision, or S 1 ' `,,rur 1 (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; 1 shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base I flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. I (2) Manufactured homes to be placed or substantially improved N on sites in an existing manufactured home park or subdivision that are not subject to the provisions of (1) above, be elevated so A =Flood Hazard Boundary Map OK... (4) No... (N) Other... (X) and explain B = Flood Insurance Rate Map without elevation DOC, c= Flood Insurance Rate Map with base flood elevations INDEX II D = Flood Insurance Rate Map with floodways August 1999 E = Flood Insurance Rate Map with floodways and V zones # a _ I . Page 5 of 10 II 1 that either: 1 (i) The lowest floor of the manufactured home is at or above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no Less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 16 Model Ordinance 5 -2 -4 60.3(c)(14) RECREATIONAL VEHICLES Recreational vehicles placed on sites are required to either: 1 (i) Be on the site for fewer than 180 consecutive days, 1 (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (iii) Meet the requirements of 5.2 -3 above and the elevation and anchoring requirements for manufactured homes. 17 Model Ordinance 5.4 60.3(c)(10) 1 BEFORE REGULATORY FLOODWAY Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 1 18 Model Ordinance 5.4 60.3(d)(3) DESIGNATED REGULATORY FLOODWAY (1)Prohibit encroachments, including fill, new construction, '/ L-1 ( Z) substantial improvements, and other development unless certification by .a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is ✓ L/ l Z ( S ) prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or A = Flood Hazard Boundary Map OK... (-\/) No...(N) Other... (X) and explain B = Flood Insurance Rate Map without elevation DOC. C = Flood Insurance Rate Map with base flood elevations INDEX D =Flood Insurance Rate Map with floodways August 1999 1 E = Flood Insurance Rate Map with floodways and V zones Page 6of10 (', -1 I improvements to a structure, the cost of which does not exceed 50 percent of the market value' 'of the structure either, (A) before the repair, reconstruction, is started, or (B) if the structure has been damaged, and is being restored, before the damage I occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the 50 percent. '/ 1 (3) If Section (1) above is satisfied, all new construction and ,,7 1- t Z (c-`) substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR I FLOOD HAZARD REDUCTION. 19 Model Ordinance 5.5 60.3(c)(7) and (8) 1 STANDARDS FOR SHALLOW FLOODING AREAS (AO ONES) I (1 New construction and substantial improvements of resi ntial structures within AO zones shall have the lowest floor cluding basement) elevated above the highest grade . adjacent o the structure at least as high as the depth number I specified • feet on the community's FIRM (at least two feet if no depth n ber is specified); I (2) New constru ion and substantial improvements of nonresidential stru res within AO zones shall either: fl (including basement) elevated I above (i) Have the the highest to st adjacent oor grade of the building site at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or I (ii) Together with attendant utilit and sanitary facilities, be completely, flood proofed to or above that I level so that an y s pace below that level'''is watertight with walls substantially impermeable to t of water and with structural components having\t I capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is sed, compliance shall be certified by a registered I professional engineer as in section 5.2 -2(3). . (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. I (4) Recreational vehicles placed on sites within AO Zones on the community's FIRM either: 1 . (i) Be on the site for fewer than 180 consecutive days, ` � I (ii) Be fully licensed and ready for highway use, on wheels or jacking system, is attached to the site only by quick disconnect 111 A= Flood Hazard Boundary Map OK...(4) No...(N) Other...(X) and explain B =Flood Insurance Rate Map without elevation DOC. C = Flood Insurance Rate Map with base flood elevations INDEX I D = Flood Insurance Rate Map with floodways August 1999 E = Flood Insurance Rate Map with floodways and V zones r Page7of10 # . r _.- — -- II j' OFD \f� REGION X FLOOD DAMAGE PREVENTION ORDINANCE WASHINGTON MODEL (REVISED 5/13/2004) Close to 300 towns, cities, counties, and tribes within the State of Washington participate in the National Flood Insurance Program (NFIP). As a condition of participation in the NFIP, communities are required to adopt and enforce a flood hazard reduction ordinance that meets the minimum requirements of the NFIP; however, there are occasionally additional requirements identified by State law that are more restrictive. In these cases, FEMA will require that communities meet those standards as well. 1 Although there is no specific prescribed ordinance that can be adopted across the country that meets all requirements for floodplain development, this model identifies the basic requirements, and cross references them to appropriate Federal CFR or State WAC citations (RCW 86.16 WA Floodplain Management law). It also encourages Community Officials to consider the direct insurance implications of certain building standards that, if adopted, can reduce (or increase) annual flood insurance premiums for local citizens. This ordinance, as developed by FEMA and the WA Department of Ecology, 1 supercedes previous versions and includes all the minimum standards required as a condition of participation in the NFIP. It will be used by FEMA and State staff as the basis for providing technical assistance and compliance reviews during the Community Assistance Contact (CAC) and Community Assistance Visit (CAV) process to ensure that federal and state law are met. The model identifies the basic minimum federal regulation requirements that must be contained in a local flood ordinance as well as suggestions for stronger measures, but notes that these measures are recommended, not required. Additionally, it outlines several specific floodplain development practices and regulations that can reduce insurance premiums (highlighted). Adopting this model flood hazard reduction ordinance verbatim can ensure compliance with FEMA; however, it should be emphasized that its adoption is not a mandatory requirement per NFIP regulation. Some sections of this document are included for clarity and are not required by federal or state law. For instance, as indicated in SECTION 1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES, it is not mandatory to adopt this entire section, but by doing so, it will make your ordinance more legally enforceable. This document can also serve as a foundation upon which communities can craft their own additional measures. The ordinance can be modified to accommodate local standards, provided they are not less restrictive than the minimum standards identified on this model. Areas on the model that exceed those minimum standards are clearly marked. The model ordinance is in a modular format. The basic model is . available separately, and the following attachments can be provided if they fit a community's status, or if they are requested: APPENDIX A: ORDINANCE STANDARDS FOR COMMUNITIES WITH SHALLOW FLOODING IDENTIFIED AS AN AO ZONES ON FLOOD INSURANCE RATE MAPS (FIRM) APPENDIX B: ORDINANCE STANDARDS FOR COMMUNITIES WITH COASTAL FLOODING IDENTIFIED AS A V ZONE AND AN ORDINANCE COMPLIANT WITH 44 CFR 60.3(E) APPENDIX C: FLOOD HAZARD PREVENTION AND FISH HABITAT PROTECTION ORDINANCE (Not yet complete) 1 APPENDIX D: OTHER HIGHER REGULATORY STANDARDS (Not yet complete) If you have any questions concerning this ordinance or participation in the NFIP, please contact the Department of Homeland Security, Federal Emergency Management Agency (FEMA) at our Regional Office at (425) 487 -4678. 1 DOC. INDEX 1 SECTION 1.0 - STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES (Not mandatory to adopt section 1.0) 1.1 STATUTORY AUTHORIZATION ' The Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the of , does ordain as follows: 1.2 FINDINGS OF FACT 1) The flood hazard areas of are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental '. services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. ' 2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions designed: 1) To protect human life and health; 1 2) To minimize expenditure of public money and costly flood control projects; 3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4) To minimize prolonged business interruptions; 5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6) To help maintain a stable tax base by providing for the sound use and development of areas ' of special flood hazard so as to minimize future flood blight areas; 7) To ensure that potential buyers are notified that property is in an area of special flood hazard; 8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: 1 1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 2 DOC. INDEX 1 0 C .- 1 • 1 4) Controlling filling, grading, dredging, and other development which may increase flood damage; and 5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase flood hazards in other areas. SECTION 2.0 - DEFINITIONS (44 CFR 59.1, not mandatory to adopt all definitions as shown) Terms with 1 asterisk trigger a specific building requirement and must be adopted. Terms with 2 asterisks are directly related to insurance and are not mandatory to adopt. Unless specifically defined below, terms or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. APPEAL: a request for a review of the interpretation of any provision of this ordinance or a request for a variance. 1 AREA OF SHALLOW FLOODING: designated as AO, or AH Zone on the Flood Insurance Rate Map (FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations. AREA OF SPECIAL FLOOD HAZARD: is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. BASE FLOOD: the flood having a 1°A chance of being equaled or exceeded in any given year (also referred to as the "100 -year flood "). Designated on Flood Insurance Rate Maps by the letters A or V. * BASEMENT: means any area of the building having its floor sub -grade (below ground level) on all sides. BREAKAWAY WALL: means a wall that is not part of the structural support of the building and is intended 1 through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. COASTAL HIGH HAZARD AREA: means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V 1 -30, VE or V. CRITICAL FACILITY: means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. ** CUMULATIVE SUBSTANTIAL DAMAGE: means flood - related damages sustained by a structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. * DEVELOPMENT: means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. ** ELEVATION CERTIFICATE: means the official form (FEMA Form 81 -31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Community Officials. ELEVATED BUILDING: means for insurance purposes, a non - basement building that has its lowest elevated floor 1 raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. 3 DOC. INDEX C - I EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: means a manufactured home park or subdivision for which the construction of facilities for servicing the Lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. 1 EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDMSION: means the preparation of additional sites by the construction of facilities for servicing the Lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD or FLOODING: means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1) The overflow of inland or tidal waters and/or 2) The unusual and rapid accumulation of runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM): means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 1 FLOOD INSURANCE STUDY (FIS): means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary- Floodway Map, and the water surface elevation of the base flood. ' FLOODWAY: means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. ** INCREASED COST OF COMPLIANCE: A flood insurance claim payment up to $30,000 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial damage." (more information can be found in FEMA ICC Manual 301) 1 * LOWEST FLOOR: 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 non - elevation design requirements of this ordinance found at Section 5.2- 1(2), (i.e. provided there are adequate flood ventilation openings). MANUFACTURED HOME: means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." 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. NEW CONSTRUCTION: means structures for which the "start of construction" commenced on or after the 1 effective date of this ordinance. NEW MANUFACTURED HOME PARK OR SUBDIVISION: means a manufactured home park or subdivision 1 for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. RECREATIONAL VEHICLE: means a vehicle, 1) Built on a single chassis; ' 4 DOC. INDEX 1 • # C + --- 1 1 2) 400 square feet or less when measured at the largest horizontal projection; 3) Designed to be self - propelled or permanently towable by a light duty truck; and 1 4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. START OF CONSTRUCTION: includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include 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 garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE: a walled and roofed building, including a gas or liquid storage tank that is principally above ground. * SUBSTANTIAL DAMAGE: means damage of any origin sustained by a structure whereby the cost of restoring 1 the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. * SUBSTANTIAL IMPROVEMENT: means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1) Before the improvement or repair is started; or 2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur 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 term can exclude: 1) Any project for improvement of a structure to correct pre -cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of 1 Historic Places. VARIANCE: means a grant of relief from the requirements of this ordinance that permits construction in a manner 1 that would otherwise be prohibited by this ordinance. WATER DEPENDENT: means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. SECTION 3.0 - GENERAL PROVISIONS (Mandatory adoption requirements are listed per sub - section) 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES (44 CFR 59.22(a)) 1 This ordinance shall apply to all areas of special flood hazards within the jurisdiction of 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD (44 CFR 1 60.3 (c)( I ) (d) (2)) The areas of special flood hazard identified by the Federal Insurance Administration in a 5 • DOC. INDEX 1 1 scientific and engineering report entitled "The Flood Insurance Study for ( community name ) I " dated ( ), (20 ), and any revisions thereto *, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto *, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at ( _community I address ). The best available information for flood hazard area identification as outlined in Section 4.3 -2 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 4.3 -2. , * In some communities, the phrase and any revisions thereto" is not considered legally binding and I should not be adopted. 3.3 PENALTIES FOR NONCOMPLIANCE (Not mandatory) I No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements I (including violations of conditions and safeguards established in connection with conditions), shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than or imprisoned 1 for not more than. _ days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the from taking such other lawful action as is necessary to prevent or remedy any violation. 1 3.4 ABROGATION AND GREATER RESTRICTIONS (Not mandatory) This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, I or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 INTERPRETATION (Not mandatory) 1 In the interpretation and application of this ordinance, all provisions shall be: 1) Considered as minimum requirements; I 2) Liberally construed in favor of the governing body; and, 3) Deemed neither to limit nor repeal any other powers granted under State statutes. I 3.6 WARNING AND DISCLAIMER OF LIABILITY (Not mandatory) The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will I occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create I liability on the part of , any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 1 SECTION 4.0 - ADMINISTRATION I 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT 4.1 -1 DEVELOPMENT PERMIT REQUIRED (44 CFR 60.3(b)(1)) • I 6 DOC. INDEX 1 # C _1 1 1 A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures 1 including manufactured homes, as set forth in the "Definitions," and for all development including fill and other activities, also as set forth in the "Definitions." 4.1 -2 APPLICATION FOR DEVELOPMENT PERMIT (Not Mandatory; however example permits are 1 available from FEMA/DOE for review or use) Application for a development permit shall be made on forms furnished by the and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81 -31) with Section B completed by the local official. 2) Elevation in relation to mean sea level to which any structure has been floodproofed; 3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in Section 5.2 -2; 4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development., 1 4.2 DESIGNATION OF THE LOCAL ADMINISTRATOR (44 CFR 59.22(b)(1)) (Local Administrator) is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES & RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR (Not mandatory) Duties of the (Local Administrator) shall include, but not be limited to: 1 4.3 -1 PERMIT REVIEW L) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (Not mandatory) 2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. (44 CFR 60.3(a)(2)) 3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.4(1) are met. (Not mandatory, but essential to enforce Washington's floodway law.) 4.3 -2 USE OF OTHER BASE FLOOD DATA (IN A AND V ZONES) (44 CFR 60.3(b)(4)) When base flood elevation data has not been provided (in A or V Zones) in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the (Local Administrator) 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 Sections 5.2, SPECIFIC STANDARDS, and 5.4 FLOODWAYS. 4.3 -3 INFORMATION TO BE OBTAINED AND MAINTAINED (The following language is required and should be adopted verbatim per 44 CFR) 1) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or 7 DOC. INDEX # c -1 1 1 required as in Section 4.3 -2, obtain and record the actual (as- built) 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. (44 CFR 60.3(b)(5)(i)) Recorded on a current elevation certificate (FF 81 -31) with Section B completed by the local 1 official. 2) For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in Section 4.3 -2: 1 i) Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed (44 CFR 60.3(b)(5)(ii)), 1 ii) Maintain the floodproofing certifications required in Section 4.1 - 2(3) (44 CFR 60.3 (b) (5) (iii)) 3) Maintain for public inspection all records pertaining to the provisions of this ordinance. (44 CFR 60.3(b)(5)(iii)) 4.3 - 4 ALTERATION OF WATERCOURSES (44 CFR 60.3(b)(6)) 1) Notify adjacent communities and the Department of Ecology prior to any alteration or ' relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. • 4.3 -5 INTERPRETATION OF FIRM BOUNDARIES (This section is not required, but if the Local Administrators are performing this task on a regular basis, it should adopted) Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g. where there appears to be a 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 Section 60.6 of the Rules and Regulations of the National Flood Insurance Program 1 (44 CFR 59 -76). 4.4 CONDITIONS FOR VARIANCES (Excerpts summarized from 44 CFR 60.6(a)(1 -7) Communities are encouraged to adopt standards equal to or more restrictive than 44 CFR 60.6(a)(1 =7) or use existing codes that meet or exceed these standards. FEMA may review a community's findings justO)ing the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound floodplain management, FEMA may take appropriate action under 44 CFR 59.24(b). 1 1) Generally, the only condition under which a variance from the elevation standard may be • issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures ' constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases. 2) Variances shall not be issued within a designated floodway if any increase in flood levels 1 during the base flood discharge would result. 3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4) Variances shall only be issued upon: i) A showing of good and sufficient cause; 1 8 DOC. INDEX 1 # c -i 1 ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 5) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare. 6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry- floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 4.4 -2(1), and otherwise complies with Sections 5.1 -1, 5.1 -3, and 5.1 -4 of the GENERAL STANDARDS. 7) Any applicant to whom a variance is granted shall be given written notice that the permitted 1 structure will be built with its lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk. SECTION 5.0 - PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS (Section 5.0 is required) 1 In all areas of special flood hazards, the following standards are required: 5.1 -1 ANCHORING (44 CFR 60.3(a)(b)) 1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (44 CFR 60.3(a)(3)(i)) 2) All manufactured homes shall 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. (44 CFR 60.3(b)(8)). For more detailed information, refer to guidebook, FEMA -85, "Manufactured Home Installation in Flood Hazard Areas." 5.1 -2 CONSTRUCTION MATERIALS AND METHODS (44 CFR 60.3(a)(3)(ii -iv)) 1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3) Electrical, heating, ventilation, plumbing, and air - conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment below the base flood elevation may cause annual flood insurance premiums to be increased. 1 5.1 -3 UTILITIES (44 CFR 60.3(a)(5)(6)) DOC 9 INDEX 1 c - 1 1 1 1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; 2) Water wells shall be located on high ground that is not in the floodway* 3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; 4) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. * FEMA endorses the more restrictive WA floodway standard identified in WAC 173- 160 -171 1 5.1 -4 SUBDIVISION PROPOSALS (44 CFR 60.3(a)(4)(b)(3)) 1). All subdivision proposals shall be consistent with the need to minimize flood damage; 2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; 3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; 4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). 5.1 -5 REVIEW OF BUILDING PERMITS (44 CFR 60.3(a)(3)) Where elevation data is not available either through the Flood Insurance Study, FIRM, or from 1 another authoritative source (Section 4.3 -2), 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. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. 5.2 SPECIFIC STANDARDS (44 CFR 60.3(c)(1)) In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, or Section 4.3 -2, USE OF OTHER BASE FLOOD DATA. Additional standards were clarified in FEMA Technical Bulletin 11 -01 to allow crawlspace construction for buildings located in the special flood hazard areas; however, adopting this provision can result in a 20% increase in flood - insurance premiums. The following provisions are required: 5.2-1 RESIDENTIAL CONSTRUCTION (44 CFR 60.3(c)(2)(5)) 1) New construction and substantial improvement of any residential structure shall have the J lowest floor, including basement, elevated one foot or more* above the base flood elevation (BFE). * Minimum FEMA standards require the lowest floor to be elevated "to or above" the BFE; however, adding an additional foot of freeboard increases safety and can reduce insurance premiums by as much as 30 %. Adopting additional freeboard is strongly encouraged by FEMA. This note applies throughout the model ordinance. 2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must 10 INDEX # C -1 S 1 either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 1 i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. ii) The bottom of all openings shall be no higher than one foot above grade. 1 iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard and are often inadvertently permitted. Insurance rates reflect an "all or nothing" standard, meaning, partially ventilated crawlspaces may be subject to an additional loading fee of 20 -25% attached to the annual insurance premium. 5.2 -2 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: 1) Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and /or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 4.3 -3(2); 1 4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 5.2 -1(2); * Applicants who are floodproofing nonresidential buildings should be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below). Floodproofing the building an additional foot will reduce insurance premiums significantly. 5.2 -3 MANUFACTURED HOMES (44 CFR 60.3(c)(6)(12)) 1) All manufactured homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above* the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 5.2 -4 RECREATIONAL VEHICLES (44 CFR 60.3(c)(14)) Recreational vehicles placed on sites are required to either: 1) . Be on the site for fewer than 180 consecutive days, (or) 2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site 1 only by quick disconnect type utilities and security devices, and have no permanently attached additions; or 11 DOC. 1 INDEX 1 1 3) Meet the requirements of 5.2 -3 above and the elevation and anchoring requirements for manufactured homes. 5.3 AE AND A1-30 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS (44 CFR 60.3(c)(10)) In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 1 5.4 FLOODWAYS (Note the more restrictive language for floodway development per RCW 86.16) Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters ' that can carry debris, and increase erosion potential, the following provisions apply: 1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any I increase in flood levels during the occurrence of the base flood discharge. (44 CFR 60.3(d)(3)) Construction or reconstruction of residential structures is prohibited within designated floodways *, except for (i) repairs, reconstruction, or improvements to a structure which do ' not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. * FEMA endorses the more restrictive WA floodway standard adopted in WAC 173 158 - 070. 3) If Section 5.4(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR FLOOD HAZARD REDUCTION. ' 5.7 CRITICAL, FACILITY (Not mandatory) Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100 -year floodplain). Construction of new critical 1 facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500 -year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 12 D00. ' INDEX # - 1 1 I City of Yakima 2007 Critical Areas Ordinance Update (CAO) 1 UAZO EC #52 -07 EXHIBIT LIST CHAPTER D 1 E -mail Communications 1 EXHIBIT # DOCUMENT DATE D -1 E -mails from Lynn Kohn, Tim Gates, and Leonard Bauer, 09 -20 -07 1 CTED to Jeff Peters D -2 E -mail from Lynn Kohn, and Tim Gates, CTED to Jeff 09 -13 -07 Peters 1 D -3 E -mail from Charles L. Steele, Department of Ecology to Jeff 11 -07 -07 Peters D -4 E -mail from Lynn Kohn, CTED to Jeff Peters 11 -15 -07 D -5 E -mail from Jeff Peters to Review Team CTED 11 -16 -07 D -6 E -mail from Jeff Peters to Review Team CTED 11 -27 -07 D -7 E -mail from Catherine Reed to Jeff Peters 12 -13 -07 D -8 E -mail from Lynn Kohn to Jeff Peters Y J e s 12 -14 -07 1 1 1 1 1 1 "v r arc 1 vi 1 1 • 1 Peters, Jeff From: Kohn, Lynn (CTED) [LynnK @CTED.WA.GOV] 1 Sent: Friday, December 14, 2007 4:08 PM To: Peters, Jeff 1 Subject: CAO Hi Jeff, Just a head's up that although I finished my review, I want to have a couple of folks in my office with more 1 knowledge of CAO issues take a look at my comments before I send to you. It will have to be Monday I'm afraid, as their time is booked today. • 1 I'll touch base on Monday. Have a great weekend! • Lynn 1 • 1 1 1 1 1 1 1 1 DOC. INDEX • 1/18/2008 • rage 1 01 1 Peters, Jeff 1 From: Reed, Catherine D. (ECY) [CRAJ461 @ecy.wa.gov] Sent: Thursday, December 13, 2007 4:54 PM 1 To: Peters, Jeff - Cc: Bunten, Donna (ECY) Subject: draft Yakima City CAO Our SEPA lead just reminded me that your draft ordinance is out for.review and comments are due on Monday. I just finished up with a letter and testimony today about the Board of County Commissioner Yakima County Critical Area ordinance. I understand that they will be making a decision next Tuesday after hearing our testimony. Since the buffers that are proposed in your ordinance (I just looked at that one page just now) look like the same ones proposed by the Commissioners, it is likely that our comments about your draft ordinance buffers will be similar to those sent to Yakima County. However, I will be spending time reviewing your ordinance more thoroughly tomorrow and on Monday. • 1 1 1 1 1 1 1 1 1 1 DOC. INDEX # 1/18/2008 Page 1 of 1 1 Peters, Jeff ' From: Peters, Jeff Sent: Tuesday, November 27, 2007 3:53 PM To: 'reviewteam @cted.wa.gov'; Maples, Doug . ' Subject: City of Yakima DRAFT CAO Preliminary Determination of Non - Significance and public comment. • Attachments: SEPA DNS CAO (1).doc To Whom It May Concern: 1 . On November 26, 2007, the City of Yakima issued the attached Preliminary Determination of Non - Significance for its Draft Critical Areas Ordinance. The City of Yakima will take initial public comment on its Draft Critical Areas Ordinance and preliminary environmental determination until December 17, 2007. Following the aforementioned ' date, the City will evaluate all comments received, and modify its Critical Areas Ordinance accordingly. Dependant upon the amount and severity of the comments received, the City will finalize its draft of the CAO and issue a final determination with or without a second comment period. Then following completion of the City of ' Yakima's required 14 -day Appeal Period the City will notify CTED of the scheduled adoption date of its CAO (Most likely in the month of February). Sincerely, Jeff Peters • Assistant Planner - City of Yakima 1 1 • 1 • 1 1 1 1 ' DOC. INDEX 1/18/2008 Page l of 1 Peters, Jeff 1 From: Peters, Jeff Sent: Friday, November 16, 2007 4:21 PM 1 To: 'reviewteam ©cted.wa.gov' Cc: Maples, Doug; Benson, Bruce; 'Ken Harper' Subject: City of Yakima's Draft Critical Areas Notice & 60 day notice letter. Attachments: City of Yakima Draft Critical Areas Ord 11- 16- 07.doc; CTED 60 Day Notice.doc To Whom It May Concern: The City of Yakima is formally transmitting its Draft Critical Areas Ordinance and 60 -day notice of intent to adopt letter to the State of Washington Department of Community Trade and Economic Development on November 16, 2007. Information on when public comment will be taken and a formal public hearing held are contained within the attached notice of intent letter. Upon mailing of the city's proposed-Notice of Application and Environmental Review of its CAO the City of Yakima will email CTED a copy of said document, thus documenting the appropriate public comment period(s). 1 For questions or concerns please contact: Jeff Peters, Assistant Planner at 509 - 575 -6163 or Doug Maples, Codes Administration and Planning Manager at 509 - 576 -6430. Sincerely, Jeff Peters • Assistant Planner • City of Yakima 1 1 1 1 Doc, INDEX D_ - s 1/18/2008 Yage 1 of 1 • ' Peters, Jeff • From: Kohn, Lynn (CTED) [LynnK @CTED.WA.GOV] Sent: Thursday, November 15, 2007 3:31 PM To: Peters, Jeff • Subject: RE: CAO Question Hi Jeff, ' I understand you talked to David Anderson about this issue and he's definitely the one who knows the answers. Please let us know if there's anything further you might need from us! Lynn From: Peters, Jeff [ mailto:jpeters @ci.yakima.wa.us] ' • Sent: Thu 11/15/2007 1:47 PM To: Kohn, Lynn (CTED) Subject: RE: CAO Question Lynn, Why would the SEPA go through a sixty day review period and not a twenty day review period as is required by our local ordnance? • From: Kohn, Lynn (CTED) [mailto:LynnK©CTED.WA.GOV] I Sent: Thursday, November 15, 2007 12:19 PM To: Peters, Jeff Cc: Johnson, Paul (CTED) Subject: RE: CAO Question Hi Jeff, just the cover page is fine. The findings of fact staff report is more background for agencies and not ' required as part of your submission. I'd like to request a copy however, for myself to help with my review. • SEPA can be submitted later but should go through 60 -day review before final adoption of your CAO. I'm ccing our expert on review procedures - Paul Johnson in case I have missed anything. Paul this is for the City of Yakima's Draft CAO 60 -day review process. Did I miss anything? ' Lynn • ' From: Peters, Jeff [ mailto:jpeters @ci.yakima.wa.us] Sent: Thursday, November 15, 2007 11:16 AM To: Kohn, Lynn (CTED) Subject: CAO Question Lynn, Do I just need the cover page which states our intent for adoption or do I need to complete a findings of fact staff ' report for submission and sixty day review? Also we have not completed SEPA as of yet and were planning on going though the process following the sixty day review period when we have a complete document with all edited changes from various agencies. Does this affect our submission? ' DOC. INDEX 111 D-LJ 1/18/2008 Peters, Jeff 1 From: Steele, Chuck (ECY) [CHST461 @ecy.wa.gov) Sent: Wednesday, November 07, 2007 11:44 AM 1 To: Peters, Jeff • Cc: Ike, Ryan Subject: RE: City of Yakima's Draft Critical Area / Flood Plain chapter for your review and comment! Attachments: Yakima CAO Review.doc; WA Model Ordinance.doc Jeff, 1 This Draft was a challenge. While there are some good things in the Chapter, there are unfortunately several deficiencies that would stop us (or FEMA) from giving approval. Attached is a letter I have sent to you addressing the deficiencies. Also attached is the FEMA -State Model Ordinance, from which language to correct some of the deficiencies could be useful. My mailed letter will also contain the Evaluation Sheet referenced in the letter. Give me a call if you have any questions. • Chuck 1 Charles L. Steele Floodplain Management Specialist Department of Ecology SEA Program 3190 160th Avenue SE Bellevue, WA 98008 -5452 (425) 649 -7139 • • 1 From: Peters, Jeff [ mailto:jpeters ©ci.yakima.wa.us] Sent: Tuesday, November 06, 2007 11:48 AM To: Steele, Chuck (ECY) Subject: City of Yakima's Draft Critical Area / Flood Plain chapter for your review and comment! Chuck, Here is the initial draft document with the highlights I mentioned. Please review and send comments back so that we can ensure that our new document meets the proper standards of the IBC, IRC and other appropriate code sections. Thanks in advance for your help and understanding with regard to our short time frame. • 1 Jeff Peters . Assistant Planner City of Yakima 509 - 575 -6163 1 DOC. INDEX ' # b_3 1/18/2008 r 1-W: City of Y Alma LAO questions Page 1 of 2 Peters, Jeff • From: Kohn, Lynn (CTED) [LynnK@CTED.WA.GOV] Sent: Thursday, September 13, 2007 3:25 PM To: Peters, Jeff ' Subject: FW: City of Yakima CAO questions • Hi Jeff, Tim Gates drafted the following Q & A's based on your conversation with him and mine with him after our meeting. Please make sure we captured the right questions and if there are changes, please let me know and I'll forward them on. Thanks. Lynn Kohn Senior Planner CTED Growth Management Services 360.725.3042 From: Gates, Tim (CTED) Sent: Thursday, September 13, 2007 12:33 PM ' To: Peters, Douglas (CTED); Bauer, Leonard (CTED); Kohn, Lynn (CTED) Subject: City of Yakima CAO questions 111 I have some questions about CAOs from Jeff Peters of the City of Yakima. • The county did a "region- wide" BAS review and then developed a county CAO which hasn't been adopted yet. 1 The idea was cities could rely on this BAS and public process - adopting the county's CAO or tailoring it to their circumstances. The city is having their first meeting with their Planning Commission and have questions mostly about avoiding noncompliance, because they depends on PWTF money. Here are my preliminary answers to his questions. Please Reply All if you have edits. Lynn, I assume you will take it from here and get a final written response back to Jeff at the city. Q. 1. If the county is appealed based on inappropriate BAS is the city considered noncompliant for purposes of grant money because they relied on county information? ' A. No. Only if a jurisdiction is late for a deadline or is subject to an actual Board decision of noncompliance and /or invalidity are they considered ineligible for grant funds. Q. 2 If the county is found noncompliant and /or invalid, will the City automatically also be found noncompliant and /or invalid because they relied on county BAS? A. No. The city would not automatically be found noncompliant and /or invalid. The city's action to adopt their CAO 1 would need to be challenged separately from the county action. Q. 3 If the city is challenged together with the county will the city need to wait for the county to get into compliance 1 because they relied on county BAS throughout the early CAO development process? DOC. I INDEX # 1/18/2008 �D - Z' , - -- P W : City ot Yakima LAU questions Yage L ot A. The city's ordinance would probably need to be challenged in a separate action. Therefore, the city should be 111 able to seek compliance separately from the county, using its own public process to get input on the specific ways they are varying from the county standards. Q. 4 Can the city modify county standards w/o having to do the whole BAS process over? 1 A. The city can do BAS review on just on the parts of their city CAO that are different. Q. 5 What about reducing some buffers that don't make sense in cities? For example, some wetland buffers might be too big for the city - it will create lots of nonconforming uses and requiring need for many variances. Furthermore, it conflicts with other GMA goals. A. The city should ensure they have the record to support their decisions if they vary from the science they depend on. See 05 -3 -0034, DOE /CTED, et al v. City of Kent, Final Decision and Order (April 19, 2006), one of several cases that clarify that protecting Critical Areas is a requirement, local governments can't balance goals against requirements. We strongly suggest the city work with Ecology and seek their support for city- appropriate standards based on BAS and information specific to the city. Q. 6. Can the city rely on SEPA review from its 1997 CAO update (which was a DNS)? ■ A. Look into how SEPA was done on the county BAS update. Do a new SEPA for city action, reference the county effort but focus on areas where your ordinance differs from the county. 1 1 1 • 1 1 1 • 1 • 1 1 DOC. INDEX • 1 r W: City of Yakima LAO questions Page 1 of 2 Peters Jeff From: Kohn, Lynn (CTED) [LynnK @CTED.WA.GOV] 1 Sent: Thursday, September 20, 2007 10:43 AM To: Maples, Doug; Peters, Jeff; bbensen @ci.yakima.wa.us 1 Subject: FW: City of Yakima CAO questions Leonard Bauer and Doug Peters both agreed with Tim's responses below. 1 From: Bauer, Leonard (CTED) I Sent: Wednesday, September 19, 2007 5:46 PM To: Gates, Tim (CTED); Peters, Douglas (CTED); Kohn, Lynn (CTED) Subject: RE: City of Yakima CAO questions 1 Good, concise responses • I Leonard , .Managing Director Growth Management Services • Dept. of Community, Trade & Economic Development I PO Box 42525 Olympia, WA 98504 360- 725 -3055 Ileonardb@cted.wa.gov www.cted.wa..gov /growth 1 I From: Gates, Tim (CTED) Sent: Thursday, September 13, 2007 12:33 PM To: Peters, Douglas (CTED); Bauer, Leonard (CTED); Kohn, Lynn (CTED) I Subject: City of Yakima CAO questions . 1 have some questions about CAOs from Jeff Peters of the City of Yakima. 1 The county did a "region- wide" BAS review and then developed a county CAO which hasn't been adopted yet. The idea was cities could rely on this BAS and public process - adopting the county's CAO or tailoring it to their circumstances. The city is having their first meeting with their Planning Commission and have questions mostly 1 about avoiding noncompliance, because they depends on PWTF money. Here are my preliminary answers to his questions. Please Reply All if you have edits. Lynn, I assume you will take 1 it from here and get a final written response back to Jeff at the city. O. 1. If the county is appealed based on inappropriate BAS is the city considered noncompliant for purposes of I grant money because they relied on county information? A. No. Only if a jurisdiction is late for a deadline or is subject to an actual Board decision of noncompliance and /or invalidity are they considered ineligible for grant funds. I O. 2 If the county is found noncompliant and /or invalid, will the City automatically a lso be found m Y Y L��liant A P 1 INDEX I 1/18/2008 # r w : Lity of Y aKlma LAO questions Page 2 of 2 • and /or invalid because they relied on county BAS? III A. No. The city would not automatically be found noncompliant and /or invalid. The city's action to adopt their CAO would need to be challenged separately from the county action. Q. 3 If the city is challenged together with the county will the city need to wait for the county to get into compliance because they relied on county BAS throughout the early CAO development process? A. The city's ordinance would probably need to be challenged in a separate action. Therefore, the city should be • 1 able to seek compliance separately from the county, using its own public process to get input on the specific ways they are varying from the county standards. Q. 4 Can the city modify county standards w/o having to do the whole BAS process over? A. The city can do BAS review on just on the parts of their city CAO that are different. 1 Q. 5 What about reducing some buffers that don't make sense in cities? For example, some wetland buffers might be too big for the city - it will create lots of nonconforming uses and requiring need for many variances. Furthermore, it conflicts with other GMA goals. A. The city should ensure they have the record to support their decisions if they vary from the science they depend on. See 05 -3 -0034, DOE /CTED, et al v. City of Kent, Final Decision and Order (April 19, 2006), one of several cases that clarify that protecting Critical Areas is a requirement, local governments can't balance goals against requirements. We strongly suggest the city work with Ecology and seek their support for city- appropriate standards based on BAS and information specific to the city. • Q. 6. Can the city rely on SEPA review from its 1997 CAO update (which was a DNS)? A. Look into how SEPA was done on the county BAS update. Do a new SEPA for city action, reference the county effort but focus on areas where your ordinance differs from the county. 1 1 1 1 1 1 • 1 000. 1 INDEX 1 1/18/2008 1 1 City of Yakima 1 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 1 EXHIBIT LIST 1 CHAPTER E SEPA Review EXHIBIT # DOCUMENT DATE I E -1 SEPA Check List and Application 11 -15 -07 II E -2 Notice of Preliminary Determination of Non Significance 11 -26 -07 I E -3 Agencies and Parties Notified 11 -26 -07 E -4 Affidavit of Mailing 11 -26 -07 1 E -5 Legal Notice 11 -26 -07 E -6 Press Release 11 -26 -07 I E -7 Notice of Final Determination of Non Significance 01- 1- g 3 08 1 E -8 Agencies and Partied Notified 1 -31 -08 E -9 Affidavit of Mailing 1 -31 -08 I E -10 Legal Notice 1 -31 -08 1 E -11 Press Release 1 -31 -08 1 - .1 — 1 1 1 1 1 Press Release CITY OF YAKIMA SEPA FINAL DETERMINATION OF NONSIGNIFICANCE AND NOTICE OF INCORPORATION BY REFERENCE January 31, 2008 Description of proposal: Update of the City of Yakima's existing Critical Areas Ordinance (CAO) (UAZO Ch. 15.27). ' In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area Comprehensive Plan, Plan 2025, which contains goals and policies that protect critical areas and • 1 natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025, the City is proposing to update its Critical Areas Ordinance, Chapter 15.27 Yakima Municipal Code. The proposed CAO document can be accessed on the City of Yakima's 1 • website at: http: / /www.ci.vakima.wa.us /services /planning. The proposed CAO is based on a review of the best available science as required by state law, while balancing other state requirements and community goals. The City is required to develop a public record of the scientific information and analysis of options related to critical areas. This information has been considered in the development of the CAO language. Public and agency comments were received on a draft CAO document. These comments were received in response to the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference, which was issued on November 26, 2007, and which established a comment deadline of December 17, 2007. Public review of the draft CAO also 1 occurred during a series of public workshop meetings held by the Regional Planning Commission. These meetings occurred approximately weekly, beginning on September 12, • 2007, and continuing through November 28, 2007. A public hearing of the RPC was noticed in a local newspaper of record on January 11, 2008, and said hearing occurred on January 23, 2008. Five interested persons appeared at the hearing and four persons commented to the RPC regarding the CAO. The RPC deliberated on suggested edits and reached consensus to amend the CAO to address most of the comments received. The RPC directed City staff to complete a final version of the draft CAO. As a result of the public participation process, the draft CAO has ' been revised and bears a final revision date of January 29, 2008 (the "final CAO "). Many revisions were intended to improve syntax, logic, and readability, but some changes have been substantive: ' The City has determined that neither the changes made to the draft CAO nor comments received during the public review process indicate that the proposed final CAO is likely to have significant adverse environmental impacts. The City has further determined that the City's SEPA Preliminary Determination -of Nonsignificance and Notice of Incorporation by Reference may be used for the proposed final CAO in conjunction with this SEPA Final Determination of Nonsignificance and Notice of Incorporation by Reference without the preparation of a different threshold determination. The City's Final Determination of Nonsignificance is now being issued for the proposed final CAO as of the date below. Proponent: City of Yakima Codes Administration & Planning Division 1 129 N. 2 " Street Yakima, WA 98901 Location of proposal: City -wide within the corporate boundaries of the City of Yakima Lead Agency: City of Yakima File Number: EC #52 -07 DOC. Incorporation by Reference: INDEX # I I 1 The following documents are incorporated by reference as allowed under WAC 197 -111 -635 and 1 can be viewed at the City of Yakima Codes Administration and Planning Department: 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document is to update Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science The above document describes, on a programmatic level, the natural and built environmental features, functions, and values of critical areas located in the City of Yakima. 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 1 Description: The purpose of the above report is to meet state requirements to include best available science in development of policies and regulations to protect critical areas. Changes in state law direct the County and/or City to document the best available science 1 it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. Determination: The lead agency for the proposed final CAO has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. 1 l✓ There is no comment period for this DNS This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. 1 This DNS is issued under WAC 197-11-340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: Responsible official: William R. Cook Position/Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 Street, Yakima, WA 98901 Date January 31, 2008 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. no later than: by (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. DOC. There is no agency appeal. INDEX 1 1 Legal Notice CITY OF YAKIMA • ' SEPA FINAL DETERMINATION OF NONSIGNIFICANCE AND NOTICE OF INCORPORATION BY REFERENCE 1 January 31, 2008 Description of proposal: Update of the City of Yakima's existing Critical Areas Ordinance (CAO) (UAZO Ch. 15.27). In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area Comprehensive Plan, Plan 2025, which contains goals and policies that protect critical areas and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025, the City is proposing to update its Critical Areas Ordinance, Chapter 15.27 Yakima Municipal Code. The proposed CAO document can be accessed on the City of Yakima's 1 website at: http: / /www.ci.yakima.wa.us /services /planning. The proposed CAO is based on a review of the best available science as required by state law, while balancing other state • requirements and community goals. The City is required to develop a public record of the ' scientific information and analysis of options related to critical areas. This information has been considered in the development of the CAO language. Public and agency comments were received on a draft CAO document. These comments were 1 received in response to the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference, which was issued on November 26, 2007, and which established a comment deadline of December 17, 2007. Public review of the draft CAO also ' occurred during a series of public workshop meetings held by the Regional Planning Commission. These meetings occurred approximately weekly, beginning on September 12, 2007, and continuing through November 28, 2007. A public hearing of the RPC was noticed in a local newspaper of record on January 11, 2008, and said hearing occurred on January 23, 2008. Five interested persons appeared at the hearing and four persons commented to the RPC regarding the CAO. The RPC deliberated on suggested edits and reached consensus to amend • the CAO to address most of the comments received. The RPC directed City staff to complete a final version of the draft CAO. As a result of the public_ participation process, the draft CAO has been revised and bears a final revision date of January 29, 2008 (the "final CAO "). Many revisions were intended to improve syntax, logic, and readability, but some changes have been substantive. ' The City has determined that neither the changes made to the draft CAO nor comments received during the public review process indicate that the proposed final CAO is likely to have significant adverse environmental impacts. The City has further determined that the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference may be used for the proposed final CAO in conjunction with this SEPA Final Determination of Nonsignificance and Notice of Incorporation by Reference without the preparation of a different threshold determination. The City's Final Determination of Nonsignificance is now being issued for the proposed final CAO as of the date below. Proponent: City of Yakima Codes Administration & Planning Division 129 N. 2 °d Street Yakima, WA 98901 Location of proposal: City -wide within the corporate boundaries of the City of Yakima Lead Agency: City of Yakima File Number: EC #52 -07 DOC. Incorporation by Reference: INDEX ' # 1 The following documents are incorporated by reference as allowed under WAC 197 - 111 -635 and can be viewed at the City of Yakima Codes Administration and Planning Department: 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document is to update Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science The above document describes, on a programmatic level, the natural and built environmental features, functions, and values of critical areas located in the City of Yakima. 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 Description: The purpose of the above report is to meet state requirements to include best available science in development of policies and regulations to protect critical Changes in state law direct the County and/or City to document the best available science 1 it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. 1 Determination: The lead agency for the proposed final CAO has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. 1✓ There is no comment period for this DNS This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. 1 This DNS is issued under WAC 197-11-340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 Street, Yakima, WA 98901 Date January 31, 2008 1 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. no later than: by (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. There is no agency appeal. DOC. INDEX # I- 1 1 1 Please publish only once on Thursday, January 31, 2008. Send affidavit ofpublication and invoice to: Account #11002 City of Yakima, Planning Division 129 North 2"" Street Yakima, WA 98901 1 • 1 1 • 1 • 1 1 1 1 1 1 1 1 1 1 1 DOC. INDEX "' - I 0 1 11 AFFIDAVIT OF MAILING STATE OF WASHINGTON 1 CITY OF YAKIMA 1 Re: UAZO EC #52 -07 Critical Areas Ordinance Corporate boudaries within the City of Yakima I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have 1 dispatched through the United States Mails, a Notice of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies, and all interested parties of record. That said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 31st day of January , 2008. 1 That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 1 1 Rosalinda Ibarra Planning Specialist 1 1 1 1 1 DOC. 11 INDEX D-RG, SEPA Reviewer i t Mr. Greg Griffith t ny Corps Dept. of Natural Resources Dv. of Archeol & Hist. Pres. 0 Box c 3755 Bowers Rd Ell Di Box 48343 eattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 'Sheila Ross Cascade Natural Gas Dept of Soc /Health Service Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. 1 Ave 1433 Lakeside Ct. Ste] 02 ,Yakima, WA 98902 MS OB-23B Yakima, WA 98902 Olympia, WA 98504 11Chamber of Commerce Dept. of Health t. Vazquez City of Union Gap M 10 N 9 St. PO Box 3008 'Yakima, WA 98901 1500 W. 4 t,, Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Gary W. Pruitt I Dept. of Transportation Tom McAvoy Clean Air Authority lanning Engineer Q -West 6 S. 2 " St., Room 1016 2809 Rudkin Road - 8 S. 2 Ave. Room 304 Yakima, WA 98901 'Union Gap, WA 98903 Yakima, WA 98902 1 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer 1200 6 Ave. MS 623 128 North 2 " Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 1 FAA Yakima Co Health Dist Gwen Clear W. Washington Art McKuen Dept of Ecology I 200 akima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 L . Steven Erickson Department of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section 128 N 2 ❑d St. PO Box 47703 6111 Tieton Drive 'Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 r. Vern Redifer Chuck Hagerhjelm Pacific Power Yakima Co Pub. Services WA State Emergency Mgmt. Div. Mike Paulson 128 N 2 St., 4 Floor Mitigation, Analysis & Planning Mgr 500 N. Keys Rd ' Yakima, WA 98901 Building 20 Yakima, WA 98901 Camp Murray, WA 98430 -5122 r. Bill Bailey Cultural Resources Program Dept. of CTED akima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth o Management Services 28 N. 2 St. 4 Floor Yakama Indian Nation PO Box 151 PO Box 42525 ' Yakima, WA 98901 Toppenish, WA 98948 Olympia, WA 98504 -2525 Mr. Philip Rigdon Transportation Planner Mose Segouches 1 akama Indian Nation YVCOG Yakama Indian Nation O Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 DOC. PO Box 151 I INDEX Toppenish, WA 98948 1 Federal Aviation Administration Environmental Coordinator Cayla Morgan, Airport Planner Mr. Doug Mayo Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish, WA 98948 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller 1 John Sambaugh Yakama Tribal Council Office of Faiiii Worker Housing 3704 172 ❑d St. N.E. Suite K -12 PO Box 151 1400 Sutnmitview #203 1 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 • Soil Conservation Dist Donna J. Bunten Eric Bartrand 1 Attn: Ray Wondercheck Critical Areas Coordinator Dept. of Fisheries 1606 Perry St Suite F D.O.E., Shorelands & Environ. 1701 S. 24 Ave 1 Yakima, WA 98902 PO Box 47600 Yakima, WA 98902 Olympia, WA 98504 -7600 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor 1 Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 1 Yakima School District WV School District 1 Attn: Ben Soria Yakima Greenway Foundation Attn: Peter Ansingh 104 N. 4 Ave 111 S. 18 St. 8902 Zier Road Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98908 1 Dept. of Archaeology & Historic Preservation PO Box 48343 1 Olympia, WA 98504 -8343 1 1 • 1 1 • 1 1 DOC. 1 INDEX # - 1 1 • STATE AGENCIES REVIEWING Rebecca Barney Lorinda Anderson COMP PLANS Dept of Corrections Interagency Comm. Outdoor Recreation REVISED NOVEMBER 2007 P O Box 41112 P O Box 40917 Olympia, WA. 98504 -1112 Olympia, WA. 98504 -0917 1 Bill Koss eth Ehzab McNagny Bill Wiebe Parks & Recreation Commission - Dept of Social & Health Svcs Dept. of Transportation ' P O Box 42650 P O Box 45848 P O Box 47300 Olympia WA. 98504 -2650 Olympia WA. 98504-5848 Olympia, WA. 98504 -7360 1 Kelly Cooper SEPA/GMA Coordinator Jennifer Hayes Dept of Health / Drinking Water Dept. of Ecology Dept of Fish & Wildlife P O Box 47820 P O Box 47600 P O Box 43155 1 Olympia, WA. 98504 -7820 Olympia, WA. 98504 -7600 Olympia, WA. 98504 -3155 Hugo Flores Review Team I Ron Shultz WA State Dept of Natural Resources • pu�et Sound Water Quality CTED GMA/SMA Planning & State Harbor Areas b P 0 Box 40900 Growth Management Svcs P 0 Box 47027 Olympia, WA. 98504 0900 P 0 Box 42525 , . Olympia WA. 98504-7027 Olympia, WA. 98504 -2525 • 1 1 1 1 1 .1 1 • 1 1 1 DOC. INDEX 1 # £- • 1 Bill Cook Doug Maples Director, CED City Legal Planning & Code Admin. Mgr 1 DECISIONS ONLY City Clerk Carolyn B 11 1 y Belles Mike Antijunti DECISIONS ONLY Codes Engineering 1 Sandy Cox Codes Charlie Hines Sam Granato DECISIONS ONLY Fire Chief Police Chief 1 Binder / File /Mail Bill Cobabe Joan Davenport DECISIONS ONLY ONDS Mgr Traffic Engineering 1 1 1 1 1 1 1 1 1 1 1 DOC. 1 INDEX 1 1 1 • • 1 • NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) 1 January 31, 2008 1 On November 26, 2007, the City of Yakima, Washington issued a Preliminary Determination of • Non - Significance and Environmental Review regarding an environmental checklist application submitted by the City of Yakima Community and Economic Development Department. This review concerns the environmental review of proposed Critical Area development regulations •which the City of Yakima is proposing to adopt. 1 • Location: City of Yakima Urban Area • ' Parcel Number(s): N/A • • City File Number: UAZO EC #52 -07 Following the initial 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed Final SEPA Threshold Decision. For further ' information or assistance, you may wish to contact Jeff Peters, Assistant Planner at (509) 575- 6163 at the City Planning Division. at2--r 1 - Doug Maples Planning & Code Administration Manager Notice of Decision Mailing Date: January 31, 2008 Enclosures: Final SEPA Determination of Nonsignificance, Site Plan, Vicinity Map, and Mailing Map 1 DOC. INDEX 1 # E 1 CITY OF YAKIMA I SEPA FINAL DETERMINATION OF NONSIGNIFICANCE AND NOTICE OF INCORPORATION BY REFERENCE January 31, 2008 1 Description of proposal: Update of the City of Yakima's existing Critical Areas Ordinance (CAO) (UAZO Ch. 15.27). 1 In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area 1 Comprehensive Plan, Plan 2025, which contains goals and policies that protect critical areas and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025, the City is proposing to update its Critical Areas Ordinance, Chapter 15.27 Yakima 1 Municipal Code. The proposed CAO document can be accessed on the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning. The proposed CAO is based on a review of the best available science as required by state law, while balancing other state requirements and community goals. The City is required to develop a public record of the scientific information and analysis of options to critical areas. This information has been considered in the development of the CAO language. Public and agency comments were received on a draft CAO document. These comments were received in response to the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference, which was issued on November 26, 2007, and which established a comment deadline of December 17, 2007. Public review of the draft CAO also occurred during a series of public workshop meetings held by the Regional Planning Commission. These meetings occurred approximately weekly, beginning on September 12, 2007, and continuing through November 28, 2007. A public hearing of the RPC was noticed in a 1 local newspaper of record on January 11, 2008, and said hearing occurred on January 23, 2008. Five interested persons appeared at the hearing and four persons commented to the RPC regarding the CAO. The RPC deliberated on suggested edits and reached consensus to amend the CAO to address most of the comments received. The RPC directed City staff to complete a final version of the draft CAO. As a result of the public participation process, the draft CAO has been revised and bears a final revision date of January 29, 2008 (the "final CAO "). Many revisions were intended to improve syntax, logic, and readability, but some changes have been substantive. The City has determined that neither the changes made to the draft CAO nor comments received during the public review process indicate that the proposed final CAO is likely to have significant adverse environmental impacts. The City has further determined that the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference may be used for the proposed final CAO in conjunction with this SEPA Final Determination of Nonsignificance and Notice of Incorporation by Reference without the preparation of a different threshold determination. The City's Final Determination of Nonsignificance is now being issued for the proposed final CAO as of the date below. Proponent: City of Yakima Codes Administration & Planning Division DOC. 129 N. 2 Street INDEX Yakima, WA 98901 Location of proposal: City -wide within the corporate boundaries of the City of Yakima Lead Agency: City of Yakima File Number: EC #52 -07 Incorporation by Reference: The following documents are incorporated by reference as allowed under WAC 197 -1 11 -635 and can be viewed at the City of _Yakima Codes Administration and Planning Department: 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. ' Description: The purpose of the above document is to update Development Regulations P P rP P P and Final Environmental Impact Statement (EIS), and provide an updated land use plan 'I with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available 'f Science The above document describes, on a programmatic level, the natural and built 'I environmental features, functions, and values of critical areas located in the City of Yakima. 'I 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 'I Description: The purpose of the above report is to meet state requirements to include best available science in development of policies and regulations to protect critical areas. 'I Changes in state law direct the County and/or City to document the best available science it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. Determination: 'I The lead agency for the proposed final CAO has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed ' l environmental checklist and other information on file with the lead agency. This information is II available to the public on request. 'I There is no comment period for this DNS This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. DOC. INDEX �� # - • 11 1 This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: Responsible official: William R. Cook 1 Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 Street, Yakima, WA 9890 Date January 31, 2008 Signature AI You may appeal this determination to: 1 s • ,pies, Building Codes & Planning Manager, 1 at 129 N 2 Street, Yakima, WA 98901. no later than: 11 by (method) Complete appeal application form and payment of $505 appeal fee. 1 You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. 1 There is no agency appeal. 1 1 1 1 1 1 DOC, 1 INDEX # E -7 11 11 Press Release �1 CITY OF YAKIMA SEPA PRELIMINARY DETERMINATION OF NONSIGNIFICANCE AND 'I NOTICE OF INCORPORATION BY REFERENCE November 26, 2007 Description of proposal: Draft update of the City of Yakima's existing Critical Areas 'I Ordinance (CAO) (UAZO Ch. 15.27). In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area ' Comprehensive Plan, Plan 2025, which contains goals and policies which protect critical areas and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025 the City is proposing to update its Critical Areas Ordinance, Yakima Municipal Code Chapter 15.27. The proposed draft CAO document can be accessed on the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning. • Proponent: City of Yakima Codes Administration & Planning Division 129 N. 2 Street Yakima, WA 98901 Location of proposal: Corporate Boundaries of the City of Yakima Lead Agency: City of Yakima File Number: EC #52 -07 ' Incorporation by Reference: The following documents are incorporated by reference as allowed under WAC 197 -111 -635 and can be viewed at the City of Yakima Codes Administration and Planning Department: 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document as originally intended is to update ' Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all ' sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science. 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance ' Update, October 2006 Description: The purpose of the above report is to meet state requirements to include best available science (BAS) in development of policies and regulations to protect critical ' areas. Changes in state law direct the County and/or City to document the best available science it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. Determination: The lead agency for this proposal has determined that it does not have a probable significant ' adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is ' available to the public on request. DOC. There is no comment period for this DNS INDEX 1 This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: December 17, 2007. 1 Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 Street, Yakima, WA 98901 Date November 26, 2007 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. no later than: by (method) Complete appeal application form and payment of $505 • appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. 1 There is no agency appeal. • • 1 1 1 1 1 1 1 1 DOC. INDEX 1 1 i Legal Notice CITY OF YAKIMA SEPA PRELIMINARY DETERMINATION OF NONSIGNIFICANCE AND ' NOTICE OF INCORPORATION BY REFERENCE November 26, 2007 Description of proposal: Draft update of the City of Yakima's existing Critical Areas ' Ordinance (CAO) (UAZO Ch. 15.27). In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area ' Comprehensive Plan, Plan 2025, which contains goals and policies which protect critical areas and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025 the City is proposing to update its Critical Areas Ordinance, Yakima t Municipal Code Chapter 15.27. The proposed draft CAO document can be accessed on the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning. Proponent: City of Yakima Codes Administration & Planning Division 129 N. 2 Street Yakima, WA 98901 Location of proposal: Corporate Boundaries of the City of Yakima ' Lead Agency: City of Yakima File Number: EC #52 -07 Incorporation by Reference: 1 The following documents are incorporated by reference as allowed under WAC 197 - 111 -635 and can be viewed at the City of Yakima Codes Administration and Planning Department: 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document as originally intended is to update ' Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance ' using Best Available Science. 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance ' Update, October 2006 Description: The purpose of the above report is to meet state requirements to include best available science (BAS) in development of policies and regulations to protect critical ' areas. Changes in state law direct the County and/or City to document the best available science it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. ' Determination: The lead agency for this proposal has determined that it does not have a probable significant ' adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is ava to the public on request. DOC. There is no comment period for this DNS # INDEX 1 �, 5, 1 This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. l✓ This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: December 17, 2007. Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 Street, Yakima, WA 98901 Date November 26, 2007 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2nd Street, Yakima, WA 98901. - no later than: by (method) Complete appeal application form and payment of $505 appeal fee. 1 You should be prepared to make specific factual objections. Contact the City of Yaldma Planning Division to read or ask about the procedures for SEPA appeals. 1 There is no agency appeal. PLEASE PUBLISH ONLY ONE TIME ON MONDAY NOVEMBER 26, 2007 Mail invoice and affidavit of publication to: 1 Account #11002 City of Yakima, Planning Division 129 N. 2 Street Yakima, WA 98901 1 • 1 1 1 1 1 DOC. 1 INDEX # -rte 1 1 1 AFFIDAVIT OF MAILING STATE OF WASHINGTON 1 CITY OF YAKIMA Re: EC #52 -07 ' City of Yakima Critical Areas Ordinance 1 I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, . a Notice of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the listed SEPA agencies and are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 26` day of November ,2007. 1 That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 1 Myron Menard Planning Specialist 1 1 1 1 DOC. 1 INDEX 1 OD -RG, SEPA Reviewer 11 Army Corps Dept. of Natural Resources Mr. Greg Griffith PO Box c-37.55 713 Bowers Rd Div. of 48343 & Hist. Pres. 1 Seattle, WA 98124 Ellensburg, WA 98926 l O Box 48343 Olympia, WA 98504 Sheila Ross 1 Cascade Natural Gas Dept of Soc/Health Service WA State Attorney Gen. Office 701 S. 1 Ave Capital Programs Ofc. Bldg #2 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB-23B Yakima, WA 98902 1 Olympia, WA 98504 Chamber of Commerce Dept. of Health 1 9th Michelle Vazquez City of Union Gap 10N9 St. PO Box 3008 1500 W. 4 Ave. St. 305 Yakima, WA 98901 Union Gap, WA 98903 1 Spokane, WA 99204 De Dept. of Transportation Tom McAvoy Gary W. Pruitt P P Y Clean Air Authority 1 Planning Engineer Q -West 6 S. 2 S,t., Room 1016 2809 Rudkin Road 8 S. 2 " Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 1 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Agri 1 1 200 6` Ave. MS 623 128 North 2 " Street Dept. of Agrculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 1 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology 1 Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2 St. PO Box 47703 6111 Tieton Drive 1 Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer Chuck Hagerhjelm Pacific Power 1 Yakima Co Pub. Services WA State Emergency Mgmt. Div. 128 N 2 St, 4 Floor Mitigation, Analysis & Planning Mgr Mike Paulson Yakima, WA 98901 Building 20 500 N. Keys Rd 1 Camp Murray, WA 98430 -5122 Yakima, WA 98901 Cultural Resources Program Mr. Bill Bailey Dept. of CTED 1 Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2nd St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98948 1 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation 1 PO Box 151 311 N. 4` Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 DEC PO Box 151 INDEX Toppenish, WA 98948 # E- -3 1 Federal Aviation Administration Environmental Coordinator r. Doug Mayo Cayla Morgan, Airport Planner g y o Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish, WA 98948 L SDOT Aviation Division Lavina Washines, Chairman Mr. May Miller John Sambaugh Yakama Tribal Council Office of Farm Worker Housing 1r 704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 lington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Donna J. Bunten oil Conservation Dist Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck Dept. of Fisheries 606 Perry St Suite F D.O.E., Shorelands & Environ. Y PO Box 47600 1701 S. 24 Ave akima, WA 98902 Olympia, WA 98504-7600 Yakima, WA 98902 I ain Humphries Mr. Scott Nicolai Mr. Buck Taylor akima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave 1 akima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 akima School District WV School District ttn: Ben Soria Yakima Greenway Foundation m 111 S. 18 St. Attn: Peter Ansingh 04 N. 4 Ave 8902 Zier Road Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98908. Dept. of Archaeology & Historic I Preservation PO Box 48343 Olympia, WA 98504 -8343 1 1 1 1 1 DOC. 1 INDEX � Rebecca Barney Lorinda Anderson Bill Koss Dept of Corrections Interagency Comm. Outdoor Recreation Parks & Recreation 1 P O Box 41112 P O Box 40917 P O Box 42650 Olympia, WA. 98504 -1112 Olympia, WA. 98504 -0917 Olympia, WA. 98504 -2650 • Elizabeth McNagny Bill Wiebe Kelly Cooper 1 Dept of Social & Health Svcs Dept. of Transportation Dept of Health / Drinking Water P O Box 45848 P O Box 47300 P O Box 47820 Olympia WA. 98504 -5848 Olympia, WA. 98504 -7360 Olympia, WA. 98504 -7820 • SEPA/GMA Coordinator Jennifer Hayes - Anne Sharar 1 Dept. of Ecology Dept of Fish & Wildlife Dept of Natural Resources POBox47600 POBox43155 PO Box 47001 Olympia, WA. 98504 -7600 Olympia, WA. 98504 -3155 Olympia WA. 98504 -7001 1 Ron Shultz Review Team Puget Sound Water Quality CTED 1 P 0 Box 40900 Growth Management Svcs Olympia, WA. 98504 -0900 P 0 Box 42525 . Olympia, WA. 98504 -2525 1 1 1 1 1 1 1 1 1 1 DOC• INDEX 1 1 1 1 • • • 1 1 NOTICE OF DECISION Compliance with. the Washington State Environmental Policy Act (SEPA) 1 November 26, 2007 The City of Yakima, Washington following review of its draft Critical Areas Ordinance by the. Regional Planning Commission and public in attendance is issuing the enclosed Preliminary ' SEPA Threshold Decision Location: Corporate Boundaries of the City of Yakima. City File Number: UAZO EC #52 -07 ' For further information or assistance, you may wish to contact Jeff Peters, Assistant Planner at (509) 575 -6163 at the City Planning Division. 1 Doug Maples Planning & Code Administration Manager 1 Notice of Decision Mailing Date: November 26, 2007 Enclosures: SEPA Preliminary Determination of Nonsignificance 1 1 1 1 DOC. INDEX • 1 1 • CITY OF YAKIMA SEPA PRELIMINARY DETERMINATION OF NONSIGNIFICANCE AND NOTICE OF INCORPORATION BY REFERENCE November 26, 2007 • 1 Description of proposal: Draft update of the City of Yakima's existing Critical Areas Ordinance (CAO) (UAZO Ch. 15.27). 1 In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area 1 Comprehensive Plan, Plan 2025, which contains goals and policies which protect critical areas and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025 the City is proposing to update its Critical Areas Ordinance, Yakima 1 Municipal Code Chapter 15.27. The proposed draft CAO document can be accessed on the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning. Proponent: City of Yakima Codes Administration & Planning Division 129 N. 2 Street Yakima, WA 98901 1 Location of proposal: Corporate Boundaries of the City of Yakima Lead Agency: City of Yakima File Number: EC #52 -07 1 Incorporation by Reference: The following documents are incorporated by reference as allowed under WAC 197 - 111 -635 and can be viewed at the City of Yakima Codes Administration and Planning Department: 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final 1 Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document as originally intended is to update 1 Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science. 1 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 1 Description: The purpose of the above report is to meet state requirements to include best available science (BAS) in development of policies and regulations to protect critical 1 areas. Changes in state law direct the County and/or City to document the best avvi6ble science it considered, to explain its rationale for departing from science -based INDEX • # L'Z 1 1 • recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. Determination: The lead agency for this proposal has determined that it does not have a probable significant ' adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed • environmental checklist and other information on file with the lead agency. This information is available to the public on request. There is no comment period for this DNS . This DNS is issued after using the optional DNS process in WAC 197 -11 -355. ' There is no further comment period on the DNS. This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: • 1 December 17, 2007. • Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 Street, Yakima, WA 9891 Date November 26, 2007 Signature You may appeal this determination to: i ; ► aples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. ' no later than: by (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. 1 There is no agency appeal. 1 DOC. INDEX # G- Z 1 CITY OF YAKIMA DRAFT CRITICAL AREAS ORD. REQUEST FOR COMMENTS November 26, 2007 Description of proposal: Draft update of the City of Yakima's existing Critical Areas Ordinance (CAO) (UAZO Ch. 15.27). In accordance with the Revised Code of Washington (RCW) 36.70A.040, the City of Yakima is requesting public comment on its proposed draft Critical Area Ordinance. The proposed draft CAO document can be accessed on the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning, and comments must be submitted by December 17, 2007. The complete file and environmental document may be obtained at the City of Yakima Codes Administration and Planning Department. 1 Location of proposal: Corporate Boundaries of the City of Yakima File Number: EC #52 -07 1 • 1 1 1 1 1 1 1 1 DOC. INDEX # Z 1 1 CITY OF YAKIMA 1 .,•...... „ LAND USE APPLICATION , =�, :..:..:4,I,, • :, ; 3'I • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ., r:+ y it N D k , V . 129 NORTH SECOND STREET, 2 FLOOR YAKIMA, WASHINGTON 98902 ti c a'P ` B a b :i \,'' ``"' VOICE: (509) 575 -6183 FAX: (509) 575 -6105 I INSTRUCTIONS — PLEASE READ FIRST Please type or print your answers clearly. Answer all questions completely. If you have any questions about this form or the application process call, come in I person or refer to the accompanying instructions. This application consists of four parts. PART, I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to ' , this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. • I PART I — GENERAL INFORMATION • 1. APPLICANT NAME City of Yakima Codes Administration & Planning Division 2. APPLICANT ADDRESS STREET 129 N. 2" Street CITY Yakima AND PHONE NUMBER STATE WA ZIP 98901 3. APPLICANT'S CHECK ❑ OWNER ❑ OWNER REPRESETATIVE INTEREST IN ONE ❑ CONTRACT PURCHASER ® OTHER III PROPERTY 4. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: Corporate Boundaries of the City of Yakima I 5. EXISTING ZONING OF SUBJECT PROPERTY: N/A 6. ADDRESS OF SUBJECT PROPERTY: Corporate Boundaries of the City of Yakima 1 7. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use X Environmental Checklist (SEPA) ❑ Right -of -Way Vacation I ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3),Uses ❑ Short Plat Exemption ❑ Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Non - Conforming Structure /Use • ❑ Utility Easement Release I ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other — Comp Plan Amendment I PART II — SUPPLEMENTAL APPLICATION AND PART III — REQUIRED ATTACHMENTS 8. SEE ATTACHED SHEETS PART IV — CERTIFICATION I 9. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. — - II IS 07 I SI4 ' ATURE DATE Revised 9 - 98 FOR ADMINISTRATIVE USE ONLY 1 I FILE No. DATE FEE PAID RECEIVED BY AMOUNT RECEIPT NO. HEARING DATE • 1 . REQUIRED ATTACHMENT: DOC. . / ____,..-1-7-77 -- =' , ,.,7 p F /4-":-- .� INDEX � . . 1 ,Ii.'.::.7,44,,,,--I.: ,,..„.„..,,,,..,„.,0:,.. # E-1 ''r' ENVIRONMENTAL CHECKLIST •.,.t_., STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197 -11 -960) 1 CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) PURPOSE OF CHECKLIST 1 The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. 1 Some questions ask about governmental' regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS Complete this checklist for non - project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non - project actions, the references in the checklist to the words "project," "applicant," and "property or site should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND INFORMATION (To be completed by the applicant.) 1. NAME OF PROPOSED PROJECT (if applicable) Critical Areas Ordinance Update 2. APPLICANT'S NAME & PHONE City of Yakima 509- 575 -6183 3. APPLICANT'S ADDRESS 129 North Second St., Yakima WA, 98901 4. CONTACT PERSON & PHONE Doug Maples 509 - 575 -6183 1 5. AGENCY REQUESTING CHECKLIST CTED & WSDOE 6. DATE THE CHECKLIST WAS PREPARED 11 -15 -07 1 Regional Planning Commission 1 Public Hearing & City Council 7. PROPOSED TIMING OR SCHEDULE (including phasing, if Adoption Hearing Month of applicable) DOC. February, 2008. INDEX Revised 8 -04 # L ( page 1 of 10 1 1 BACKGROUND QUESTIONS (Attach if Lengthy) 1. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? I • If yes, explain. No. 1 2. List any environmental information you know about that has been re ared, or will be prepared, directly related to P P P P Y this proposal. Yakima County Best Available Science Document. 1 1 . I 3. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? if yes, explain. N/A 1 • 1 4. List any government approvals or permits that will be needed for your proposal, if known. 1 Yakima City Council Adoption 1 5. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. I There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 1 The City of Yakima is proposing to update Chapter 15.27, the Critical Areas Ordinance (CAO). 1 • 1 6. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, I vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. I Corporate Boundaries of the City of Yakima . DOC. INDEX 1 # 6- - page 2of10 1 B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for 1. Earth Agency Comments - a. General description of the site (✓ one): ® flat ® rolling ® hilly ® steep slopes ❑ mountainous ❑ other N/A b. What is the steepest slope on the site (approximate percent slope)? Topography in the City of Yakima ranges from very steep to flat. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The City of Yakima contains all soil types as described in the United States Department of Agriculture Soil Conservation Service, Soil Survey of Yakima County Area Washington. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N/A 1 e. Describe the purpose, type, and approximate quantities of any filling or grading 1 proposed. Indicate source of fill. N/A f. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. N/A g. About what percent of the site will be covered with impervious surfaces after project 1 construction (for example, asphalt or buildings)? N/A 1 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: CAO update includes provisions for erosion control. 1 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. 1 N/A DOC. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, INDEX t generally describe. # - • 1 N/A c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A 1 page 3 of 10 Space Reserved for 3. Water Agency Comments a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows I into. The City of Yakima includes a range of freshwater environments which are described in the CAO. This includes perennial, intermittent, and ephemeral 1 streams, and wetlands. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A 1 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material N/A 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. 1 N/A 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. The City of Yakima contains Federal Emergency Management Agency (FEMA) calculated floodplains, including floodways and 100 -year floodplains. T 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. N/A 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, DOC, the number of such systems, the number of houses to be served (if applicable), or INDEX the number of animals or humans the system(s) are expected to serve. N/A # Gr 1 1 c. Water Runoff (including sto,m water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this ,. water flow into other waters? If so, describe. N/A page 4 of 10 I 2. Could waste materials enter ground or surface waters? If so, generally describe. Space Reserved for Agency Comments N/A d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if 1 any: The CAO update includes provisions to control erosion for new development. 4. Plants: • 1 a. Check ( types of vegetation found on the site: deciduous tree: ® alder ® maple ® aspen ❑ other evergreen green: ® fir ® cedar ® pine ❑ other ® shrubs ® grass ® pasture crop or grain wet soil plants: ® cattail ® buttercup ® bullrush ® skunk cabbage ❑ other water plants: ❑ water lily ❑ eelgrass ❑ milfoil ❑ other other types of vegetation: The City of Yakima contains a wide variety of vegetation, including native and non - native species. b. What kind and amount of vegetation will be removed or altered? N/A c. List threatened or endangered species known to be on or near the site. N/A d. Proposed landscaping, use of native plants, or other measures to preserve or enhance 1 vegetation on the site, if any: The CAO update will help preserve or enhance stream, wetland, and riparian vegetation. 5. Animals: a. Check ( any birds and animals which have been observed on or near the site or are known to be on or near the site: 1) birds: ® hawk ® heron ® eagle ® songbirds 7 other 2) mammals: ® deer ❑ bear ® elk ® beaver ❑ other 3) fish: ® bass ® salmon ® trout ❑ herring ❑ shellfish H OC. ❑ other INDEX • The City of Yakima contains a wide variety of mammals, including native and non- native # e•— t species. b. List any threatened or endangered species known to be on or near the site. 1 • N/A c. Is the site part of a migration route? If so, explain. Yes — routes exist throughout the City of Yakima. • d. Proposed measures to preserve or enhance wildlife, if any: The CAO update will help preserve or enhance wildlife and wildlife habitat. page 5 of 10 6. Energy and Natural Resources Space Reserved for Agency Comments a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A 1 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N/A 1. Describe special emergency services that might be required. N/A 2. Proposed measures to reduce or control environmental health hazards, if any: The CAO update will protect against some environmental health hazards through the Critical Aquifer Recharge Area protection approach. b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? N/A 2. What types and levels of noise would be created by or associated with the project on a short -term or a long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. N/A 3. Proposed measures to reduce or control noise impacts, if any: N/A DOC. 1 8. Land and Shoreline Use INDEX a. What is the current use of the site and adjacent properties? 1 The City of Yakima contains a wide variety of land uses throughout. b. Has the site been used for agi iculture? If so, describe. The City of Yakima contains several areas of agricultural land. c. Describe any structures on the site 1 N/A d. Will any structures be demolished? If so, what? N/A e. What is the current zoning classification of the site? The City of Yakima contains a wide range of zoning districts. Pace 6 of 10 f. What is the current comprehensive plan designation of the site? Space Reserved for The City of Yakima contains a wide range of Comprehensive Plan designations. Agency Comments g. If applicable, what is the current shoreline master program designation of the site? The City of Yakima contains several critical areas which also may be near Shoreline jurisdiction. The current Shoreline Master Program includes Urban, Rural, Conservancy, and Natural environmental designations. h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. Yes. 1 i. Approximately how many people would reside or work in the completed project? N/A j. Approximately how many people would the completed project displace? N/A k. Proposed measures to avoid or reduce displacement impacts, if any 1 N/A 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N/A 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, • middle, or low- income housing. N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. N/A c. Proposed measures to reduce or control housing impacts, if any: ,1 N/A 10. Aesthetics 1 a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? N/A b. What views in the immediate vicinity would be altered or obstructed? N/A c. Proposed measures to reduce or control aesthetic impacts, if any: DOC. 111 N/A INDEX 11. Licht and Glare # C" I I a. What type of light or glare wiil the proposal produce? What time of day would it mainly occur? I N/A b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A 1 . c. What existing off -site sources of light or glare may affect your proposal? N/A Id. Proposed measures to reduce or control light and glare impacts, if any: N/A page 7 of 10 12. Recreation Space Reserved for Agency Comments a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of recreational opportunities in the City of Yakima. 1 b.. Would the proposed project displace any existing recreational uses? If so, describe. N/A 1 c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 1 13. Historic and Cultural Preservation 1 a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. I There are several places of historic significance throughout the City of Yakima. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. 1 N/A c. Proposed measures to reduce or control impacts, if any: 1 N/A 14. Transportation I a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. I The City of Yakima contains a wide range of streets and highways. . b. Is site currently serviced by public transit? If not, what is the approximate distance to I the nearest transit stop? The City of Yakima is currently serviced by a public transit system. 1 c. How many parking spaces would the completed project have? How many would the project eliminate? N/A I d. Will the proposal require any new roads or streets, or improvements to existin g roads or streets, not including driveways? If so, generally describe (indicate whether public or DOS 1 private). N/A INDEX 1 e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. • N/A f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. N/A 1 g. Proposed measures to reduce or control transportation impacts, if any: N/A 1 page 8 of 10 15. Public Services Space Reserved for Agency Comments a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: N/A b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. N/A 1 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse 1 service, telephone, sanitary sewer, septic system, other. All of the above are available in the City of Yakima. b. Describe the utilities that are proposed for the project, the utility providing the service, 1 and the general construction activities on the site or in the immediate vicinity, which might be needed. N/A 1 C. SIGNATURE (To be completed by the applicant.) The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature ��-� Date Submitted: U7 1 �I D. SUPPLEMENT SHEET FOR NONPROJECT ACTIONS (To be completed by the applicant.) (Do not use the following for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal werqnimplemented. ll�I X 1 # e - _� 1 1. How would the proposal be likely to increase discharge to water; emissions to air; Space Reserved for production, storage, or release of toxic or hazardous substances; or production of noise? Agency Comments The proposal will not increase discharges or noise to the environment. The CAO update includes measures to prevent or reduce such impacts. 1 1 page 9 of 10 I Space Reserved for Proposed measures to avoid or reduce such increases are: Agency Comments The CAO update would reduce and/or mitigate for such impacts resulting from development. I 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The CAO update will not increase impacts to plants, animals or fish. It is intended to protect and conserve riparian areas and wildlife habitats. Proposed measures to protect or conserve plants, animals, fish, or marine life are: I The CAO update would reduce and/or mitigate for such impacts resulting from ,1 development. 3. How would the proposal be likely to deplete energy or natural resources? N/A Proposed measures to protect or conserve energy and natural resources are: N/A • 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, I wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The CAO update is intended to protect Critical Areas (wetlands, frequently flooded areas, I fish and wildlife habitat, critical aquifer recharge areas, and geologically hazardous areas) from development impacts. Proposed measures to protect such resources or to avoid or reduce impacts are: I The CAO update would reduce and/or mitigate for impacts from development to such areas. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed changes to the CAO will clarify uses currently allowed along Critical Areas by refining existing use provisions. I Proposed measures to avoid or reduce shoreline and land use impacts are: The best available science is used when reviewing existing Critical Area standards and developing new standards. The CAO update would reduce Critical Area impacts resulting from land use and development projects. I 6. How would the proposal be likely to increase demands on transportation or public services and utilities? N/A a Proposed measures to reduce or respond to such demand(s) are: P P N/A 1 DEC• INDEX 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or # f requirements for the protection of the environment. _ _ __- --- - -- 1 The ro osal is following the row th Management Act to protect p g G g p ct Critical At eas, and is consistent with the Urban Area Comprehensive Plan. 1 1 page 10 of 10 I 1 1 1� 1 1 . 1 1 1 1 1 DOC. INDEX t # E -1 1 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) 1 UAZO EC #52 -07 1 EXHIBIT LIST CHAPTER F RPC Agenda and Minutes on CAO 1 EXHIBIT DOCUMENT DATE F -1 RPC Agenda, Minutes, and Sign -In Sheet for meeting of 09 -12 -07 September 12, 2007 F -2 RPC Agenda and Minutes for meeting of September 19, 2007 09 -19 -07 1 F -3 RPC Agenda and Minutes for meeting of September 26, 2007 09 -26 -07 F -4 RPC Agenda, Minutes, and Sign -In Sheet for meeting of 10 -03 -07 October 3, 2007 F -5 RPC Agenda, Minutes, and Sign -In Sheet for meeting of 10 -10 -07 I _ October 10, 2007 F -6 RPC Agenda and Minutes for meeting of October 17, 2007 10 -17 -07 F -7 RPC Agenda and Minutes for meeting of October 24, 2007 10 -24 -07 ' F -8 RPC Agenda and Minutes for meeting of October 31, 2007 10 -31 -07 1 F -9 RPC Agenda and Minutes for meeting of November 28, 2007 11 -28 -07 F -10 RPC Agenda, Minutes, and Sign In Sheet for meeting of 1 -23 -08 1 January 23, 2008 F -11 RPC Agenda, Minutes, and Sign In Sheet for meeting of 1 -30 -08 January 30, 2008 1. 1 1 1 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT L' , William R. Cook, Director °' 4 Doug Males CBO ,� � ; g p ,CodeAdmin. and Planning Manager I %U ` % Planning Division ' 129 North Second Street, 2nd Floor Yakima, Washington 98901 ,;; (509) 575 -6183 0 Fax (509) 575 -6105 1 Agenda Yakima Urban Area ' Regional Planning Commission Workshop Yakima City Hall Council Chambers 1 Wednesday January 30, 2008 3:00 p.m. - 5:00 p.m. RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen i Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun, & Kevin Futrell 1. 1 I. Call to Order II. Approve the minutes of January 23, 2008. III. RPC Approval of Findings of Fact & Recommendations for Critical Areas Ordinance. IV. Other Business V. Adjourn 1 1 DOC. Yakima INDEX www.cd.yakima.w j 1 t 9 1394 Yakima Urban Area 1 Regional Planning Commission Workshop January 30, 2008 Roll Call • RPC Members Present: John Hodkinson, Chairman Absent: Ted Marquis, Jerry Craig, Bernie Kline, Rockey Marshall, John Gehlsen, Charlotte Baldwin Staff Present: Jeff Peters, Assistant Planner; Rosalinda Ibarra, Planning Specialist Call to Order Chairman John Hodkinson called the meeting to order at 3:05 p.m. Mr. Hodkinson opened the meeting and informed because of a lack of a quorum this meeting 1 will be adjourned and reconvene at 4:00 p.m. this afternoon. Meeting adjourned at 3:06 p.m. 1 Roll Call • RPC Members Present: John Hodkinson, Chairman; Jerry Craig, Bernie Kline, John 1 Gehlsen Absent: Ted Marquis, Rockey Marshall, Charlotte Baldwin Staff Present: Bill Cook, CED Director; Jeff Peters, Assistant Planner; Ken Harper, Attorney; Rosalinda Ibarra, Planning Specialist Call to Order 11 Mr. Hodkinson reopened the meeting and called it to order at 4:00 p.m. • Approval of Minutes Motion made to approve the minutes for the meeting of January 23, 2008 was made by Bernie Kline and seconded by Jerry Craig. Motion carried unanimously. RPC Approval of Finding of Fact and Recommendation for Critical Areas Ordinance Jeff Peters thanked the RPC members that were present at the meeting. Mr. Peters proceeded by reading the 2007 Critical Areas Ordinance Findings of Fact, Conclusions and Recommendations document. Each member was handed out a copy to follow along. Mr. Peters also handed out the revised Final Critical Areas Ordinance Update. He updated the members that following this meeting a Final DNS would be mailed out on January 31, 2008 provided RPC adopts the Findings of Fact. A copy of the notice was provided to each of the members. Mr. Hodkinson then asked if anyone had a motion. A motion was made by Mr. Kline and seconded by Mr. Gehlsen to approve the 2007 Urban Area Critical Area Ordinance Findings of Fact. Motion carried unanimously. Jeff Peters indicated the importance of each RPC member's attendance to the weeklyworkshop meetings. It is very important that a quorum is present for these kinds of meetings when there is a vote taking place. No further business came before the commission. The next meeting is scheduled for February 6, 2008. Mr. Hodkinson moved to adjourn the meeting. The meeting adjourned at 4:23 p.m. DOC. 1 Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist INDEX 1 1 V c a l C , ' Tr oi�t �n , SIGN —IN SHEET a.^ �'+° ,eta y._ .. =0. 1 Yakima Urban Area Regional Planning Commission Yakima City Hall Council Chambers 1 Workshop Wednesday, January 30, 2008 3:00 - 5:00 pm 1 1 PLEASE. WRITE LEGIBLY 1 NAME ADDRESS ZIP CODE 1 i 0 e___ U0c, \ , -73 - 3 6 " ) I 0 , aL al.H 7,1,, S2 . cli qs( 6 '•-- 1 1 1 1 1 1 1 1 1 1 DOC. 1 INDEX # j= — II �� DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT le .. `� William R. Cook, Director rib. .,i, Doug Maples, CBO, Code Admire. and Planning Manager v , % Planning Division N S NS111. `1 129 North Second Street, 2nd Floor Yakima Washington 98901 m (509) 575 -6183 a Fax (509) 575 -6105 Agenda 1 Yakima Urban Area 1 Regional Planning Commission Workshop 1 Yakima City Hall Council Chambers 1 Wednesday January 23, 2008 3:00 p.m. - 5:00 p.m. RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen 1 Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun, & Kevin Futrell, Rosalinda Ibarra I. Call to Order II. Approve the minutes of January 2, 2008 and January 9, 2008. 1 III. Staff report and CAO opening statements. 1 IV. Critical Area Ordinance Public Hearing V. Close Public Hearing VI. Deliberate on any and all comments, changes, modifications, and /or corrections. VII. Vote on the CAO and provide staff instruction to bring back Findings of Fact for 1 a recommendation to the Joint elected officials Public Hearing. VIII. Other Business IX. Adjournment DOC Yakima I r.'s . 4 INDEX Al-Mons'D" IVWW. cl.vahill.a.wa.l[s # __ 1 l l I `_ I- 1994 t Yakima Urban Area • Regional Planning Commission ' Workshop January 23, 2008 ' Call to Order • • Chairman John Hodkinson called the meeting to order at 3:02 p.m. ' Roll Call RPC Members Present: John Hodkinson, Chairman; Bernie Kline; Jerry Craig; Ted Marquis Absent: Charlotte Baldwin, John Gehlsen, Rockey Marshall ' Staff Present: Bill Cook, Director of Community Economic Development; Bruce Benson, Supervising Planner; Jeff Peters, Assistant Planner; Ken Harper, Attorney Others Present: Dean Patterson, County Planning; Joe Walsh, CWHBA Mr. Hodkinson called the meeting to order. Approval Of Minutes Motion made to approve the minutes for the meeting of January 2, 2008 and January 9, 2008 was made by Bernie Kline and seconded by Jerry Craig. Motion carried unanimously. 1 Staff Report and Critical Area Ordinance Opening Statements Mr. Bill Cook presented the CAO opening. statements. Over the past four years, the city and county have been working along with other jurisdictions to create the Critical Areas Ordinance document being proposed at today's meeting. The public hearing today is on this document. When the Planning Division issued a preliminary Determination of Non - Significance, it received four comment letters from agencies, which included: Yakima County Planning, Washington State Department of Ecology, Washington State Department of Ecology FNMA, and Washington State Community of Trade and Economic Development. Mr. Cook asked Jeff Peters to review ' the staff report and the matrix with the RPC members. Before doing so, Mr. Hodkinson asked Mr. Cook to identify the colors on the map being displayed, which showed critical area types and locations; such as, wetlands, creeks, rivers, geohazards, etc... Mr. Jeff Peters summarized the staff report. He mentioned the process of the Critical Areas Ordinance (CAO) starting with the various RPC meetings held on CAO topics, timeline, comments received, SEPA Review, public notices, conclusions, and the staff recommendation. The city expects to issue a Final Determination of Non - Significance following today's public hearing. Critical Area Ordinance Public Hearing Dean Patterson, Yakima County Planning, offered testimony. He was responsible on updating the CAO for Yakima County. And he made himself available for advice during the creation of the City's proposed document. One of the comments he mentioned was that the county wants to limit the number of Critical it has to administer. There were no questions or discussion on the RPC's behalf. DOC. - 1 - INDEX # f - 1c Joe Walsh, Central Washington Home Builders Association, offered testimony. Mr. Walsh 1 stated he has been involved in the CAO update for a few years. He thinks the CAO document is very good and user - friendly; however, there were a couple of things he wanted to point out. In Section 15.27.315 (2b), he suggests keeping the language that was previously there before. He questioned the panel as to when the CAO come into play on an application. Mr. Hodkinson added to that question asking how do planners know if there is a critical area surrounding the particular parcel. Mr. Peters responded that planners have several tools to determine that. Planners use the County GIS and maps to determine if critical areas exist. Mr. Walsh's question was to prevent lengthening the permit process for applicants. Discussion continued among staff and RPC members. Mr. Walsh asked if a map showing the critical areas would be put on the city's website. Mr. Peters replied that he would look into that. Another point Mr. Walsh made was in regards to the Subdivision Standards on Section 15.27.321 General Critical Areas Protective Measures. He wasn't suggesting any changes, his concern was ownership and who would be responsible for that critical area land and/or parcel or tract. Jeff Peters and Ken Harper talked a little bit about that section. A suggestion was made to change the word shall to may. Mr. Patterson offered clarification on the subject. That particular section reads: 1. 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; The public hearing continued with Eric Bartrand, State Department of Fish and Wildlife, giving P >� testimony. He spoke about the same subject in regards to critical areas and encumbrances and added to his comments that applicants should do their research and "Buyer Beware ". Mr. Walsh returned to the podium and continued on with Section 15.27.519(5) Filling. He declared his frustrations on a developer's point -of -view. Builders and developers have to comply with the Department of Ecology for their general stormwater permits. The Dept of Ecology defines the types of pollutants, one of which is rock, and the CAO states, "Unless site characteristics' dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality." He isn't suggesting any change; he feels the Department of Ecology should change their standards instead. • Mr. Al Brown, Yakima Greenway Foundation gave testimony. In Section 15.27.303, he 1 suggested including bioremediation weed control measures. He is currently experimenting with Yakima County weed control district of releasing bugs that eat invasive species. He offered a little more detailed information on how this measure is working with the county weed control. Mr. Peters asked if this was something that the Department of Ecology has to approve and Mr. Brown assured that is probably the case. Mr. Harper read subsection (h) of the CAO and his understanding of it, which is that the CAO does not exclude that type of weed control measures. Mr. Brown also commented that this document is a very good one. No further comments or testimony. Mr. Hodkinson closed the public hearing. Matrix Mr. Peters started going through the matrix, which consists of 93 line items. Mr. Hodkinson announced if there are no comments or discussion we will assume the line item is approved and move on to the next. All RPC members present agreed. Mr. Peters summarized the items up to line item #39. Mr. Hodkinson continued with line item #40 and asked the RPC membeb&each 2 INDEX # IO �. of them had reviewed the matrix already. All members replied yes. And once again he stated if there • was no discussion or questions from RPC, meant approval. Line item #61, discussion 1 ensued from Mr. Marquis. Line item #65, Mr. Marquis requested clarification. Mr.. Peters provided clarification. Finally, Jeff Peters added that the city staff had accepted all the changes as noted in the matrix as well as the comments. Mr. Hodkinson then asked for a motion from • 1 RPC members to accept the entire document and ask staff to prepare the Findings of Fact.. Motion made by Mr. Kline and seconded by Mr. Marquis to approve the comments and changes with the requested comments of CWHBA and Yakima Greenway Foundation of the Critical 1 Areas Ordinance. Motion carried unanimously. The next meeting is scheduled for January 30, 2008, where the Findings of Fact for ' Recommendation on the CAO will be presented by staff. Mr. Hodkinson moved to adjourn the meeting. The meeting adjourned at 5:04 p.m. • 1 1 Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist 1 • 1 1 • 1 1 1 1 1 DOC. - 3 - INDEX 1 SIGN -IN SHEET 1 Yakima Urban Area Regional Planning Commission Yakima City Hall Council Chambers Workshop k fs l � Wednesday, January 23, 2008 = Vi&ri }ff 3:00- 5:OOpm Critical Areas Ordinance Update Public Hearing PLEASE WRITE LEGIBLY 1 NAME ADDRESS ZIP CODE , o-W— MEMPAIIIIINMEM1111 1 1 1 1 1 1 1 1 1 DOC. 1 INDEX # f= -/ 1 1 1 1 Agenda 1 Yakima Urban Area Regional Planning Commission 1 Workshop 1 RPC Members: ' John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen ' Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun Sr Kevin Futrell 1 November 28, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council ' Chambers 1 I. Call to Order II. Discuss options of methods to provide buffers in the Critical Areas 1 Ordinance. (Based on Mount Vernon's Ordinance). III. Discuss items omitted in the Permitted Use Table 4-1 IV. Continue discussion on Adult Entertainment 1 V. Other matters VI. Adjournment DOC. INDEX 1 # F_ Yakima Urban Area 1 Regional Planning Commission Workshop November 28, 2007 Call to Order 1 Chairman John Hodkinson called the meeting to order at 3:00 p.m. Roll Call 1 RPC Members Present: Chairman John Hodkinson, Jerry Craig, Rockey Marshall, Bernie 111 Kline, and Ted Marquis. Absent: Charlotte Baldwin and John Gehlsen (excused) Staff Present: Doug Maples, Planning Manager; Bruce Benson, Supervising 1 Planner; Jeff Cutter, Senior Assistant City Attorney; Jeff Peters, Assistant Planner; Joseph Calhoun, Assistant Planner; Alice Klein, Assistant Planner; Rosalinda Ibarra, Planning Specialist Others Present: Joe Walsh, Central Washington Home Builders Association 1 John Hodkinson opened the meeting at 3:00 p.m. Doug Maples introduced the discussion of methods to provide buffers in the Critical Areas 1 Ordinance (COA). He presented a brief report on Mt. Vernon's CAO to the commission, which he obtained at a CTED conference he attended. Mr. Maples proposed to the Regional Planning 1 Commission (RPC) to consider if portions of Mt. Vernon's ordinance could be used as an addendum to the City of Yakima CAO. If so, Mr. Hodkinson questioned if the old CAO had to be repealed. In response, Doug clarified that if they agreed to apply Mt. Vernon's version, it 1 would be used as an alternative for applicants to utilize. Rockey Marshall was concerned and questioned a time frame for implementation. Doug stated it wouldn't be too long or too expensive a project to do. And that the inventory would have to be completed before its adoption. The RPC members thought it would be a good idea for staff to spend some time on. Joe Walsh commented on this mechanism to be interesting. Dou g agenda. on to the third item on the a enda. He handed out the latest version of Table 4 -L He informed the RPC that there were a couple of permitted uses identified on that table that haven't been reviewed by them and he wanted their input on. One of those items was planned development residential areas, which in fact, has been reviewed and assigned as Class 3 Reviews. 1 The RPC members and staff discussed in detail the irrigation requirement in codes. Mr. Walsh was included in this discussion. The issue was about allowing domestic water to be used versus irrigation water after a water purveyor evaluated the property. Ted Marquis made a remark in reassurance that no one's water is being "messed with ". Doug clarified that the components will be evaluated to verify if the property requires irrigation. If so, there can be flexibility to the applicant as to what type of water they use, either domestic or from a dedicated irrigation district. In the case domestic water is used, ideally the irrigation rights can be shared, sold, and/or transferred to another property who can utilize them. DOC. INDEX E 9 . • 1 Continuation of the adult entertainment discussion followed. Joseph Calhoun gave an overview of the adult entertainment handout. He specified three major components on this draft; which are ' to establish a clear, precise definition, separation of locations nearby protected areas such as schools and churches, and to determine proper signage for these types of establishments. Currently, there are two establishments that are within 1500 feet of each other. Mr. Marquis asked if current establishments need to comply with the signage description being proposed. Jeff Cutter elaborated on his question. Jeff presented examples of ordinances from other cities within the state of Washington that can be considered for the City of Yakima's adult entertainment ' ordinance. To that, Rockey asked Jeff Cutter if he knew of any of those ordinances being. challenged in court. According to Jeff, he didn't know of any to this point. Doug asked the RPC members if they thought an open house to the public should be done regarding the whole zoning ' ordinance update. They all agreed that it would be worth doing so that citizens can ask questions about the updates being done. The date will be determined to be at the beginning of the new year. Mr. Hodkinson asked if there were any challenges that the city was dealing with against any of I the current adult entertainment business. Jeff Peters replied that he hasn't been aware of big problems with the current businesses; although, there is a minor issue being dealt with currently. 1 Doug put together some language in regards to landscaping requirements. Presently, 5% of the property is to be landscaped, but in the proposed code it has been increased to 10 %. He suggested changing the landscaping provisions exceeded. Basically, for every 10% of increase 1 the applicant is required to put an additional 1% of landscape. This would another mechanism to add more landscape area to big parking lots, since it helps provide shade, absorbs standing water, and enhances the look of the property. Mr. Hodkinson doesn't agree with the idea. Mr. Marquis, on the other hand, believes it's good. • To conclude, Mr. Hodkinson brought up the issue of non - conforming structures that burn up to ' 75% or more and cannot rebuild the same in the zoning area. They would have to rebuild to conforming. An example was given of a house situated in the middle of an industrial zoning area. If that house were burnt over 75 %, it cannot be rebuilt as a house only as an industrial ' structure. He asked for comments from the board and suggested a change to that portion of the ordinance. Rockey Marshall recommended adding this topic to the future open -house agenda so ' citizens can have a say. All the members present agreed to it. Mr. Hodkinson moved to adjourn the meeting. 111 The meeting was adjourned at 4:35 p.m. • 1 Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist 1 1 1 DOC. INDEX 1 1 1 1 1 Agenda 1 Yakima Urban Area Regional Planning Commission Workshop 1 RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, 1 Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell October 31, 2007 Yakima City Hall 1 3:00 to 5:30 p.m. City Council Chambers I. Call to Order II. Critical Areas (Chapter 15.27) Revisions 1 Re -visit areas of concern in Chapter 15.27 III. Adjournment 1 DOC. 1 INDEX 1 Yakima Urban Area Regional Planning Commission Workshop • October 31, 2007 t Call to Order John Hodkinson called the meeting to order at 3:00 p.m. Roll Call RPC Members present: Chairman John Hodkinson, Jerry Craig, & Bernie Kline, & John ' Gehlsen. Absent were: Ted Marquis (E) & Charlotte Baldwin (UE) Rockey Marshall (UE) Also Present: Doug Maples, Codes & Planning Manager, Bruce Benson, Supervising 1 Planner, Assistant Planner Jeff Peters, Joel Freudenthal, County Surface Water & Flood Control, and Assistant Planner, Alice Klein. Doug Maples began by explaining that at the conclusion of study session of the Critical Areas Ordinance, staff will meet with COG for their input. The intent for this document is to be a base for small cities. hi • the next step this document goes out for public comment to Fish & Wildlife, DOE & CTED. They have 20 days in which to comment. CTED has full authority over this and have a window of 60 days in which to comment. After receipt of public comments the document goes to public hearing before the elected body. This should be sometime in February and then would go into law by late March. 1 Jeff Peters began by going over the previous document changes by Staff & the RPC. The explanation of began changes to the following Chapters: 15.27.05, 15.27.05.28. The IBC, ASCE & HUD references ' will be included where necessary. 15.27.05.32 - Floodway Fringe Uses Joel Freudenthal explained "channel migration areas". Section 15.27.05.32.020 added a Number 2 relating to New Manufactured Home/Parks. Section 15.27.05.36, 15.27.05.36.020 were gone over. Jeff explained that Section 15.27 Non - Conforming Uses and Structures is being forwarded to City Legal for review. This whole section will be incorporated into Chapter 15.19. Joel Freudenthal will verify this proposed change. Section 15.27.05.44.040, Section 15.27.05.44, Section 15.27.05.44.070 were gone over, and Section 15.27.05.48 Elevation and Flood Proofing Certification changes were explained by both Doug Maples and Joel. ' Freudenthal. Jeff Peters referred the RPC members back to Chapter 1 starting with 15.27.01 General Provisions. Jeff ' went on explaining the corrections to grammar, punctuation and page setup. On page 5 Doug will wordsmith portions of item (g) starting at line 155. Jeff explained that Ken Harper will be re- writing the Permit Review section. Jeff went on to Definitions 15.27.02, whereby, Doug explained that staff was ' going through the document to make it easier to understand for both staff and the public as well. Jeff explained that the word "Chapter" was changed to "Title" in the whole document. Legal staff will also be looking at the whole document. Doug explained that the numbering system will change so that it flows ' more smoothly. John Hodkinson asked what issues still need clearing up from past workshops. Doug explained that staff has been meeting with county staff on the zoning code. Next week staff will bring back to RPC some of the changes made by both city and county staff. Adult Entertainment will be gone over. Council members and other staff have complained about the adult store on Nob Hill. Staff has met with individuals, in charge of schools, who raised concerns on this issue. Staff is t DOC. INDEX • 1 looking at avenues to regulate but not over-regulate. Special Standards section will address the g � � P issue for distances from certain uses similar to establishments that sell alcohol. John Hodkinson mentioned Historic Businesses need to be addressed for previous concerns raised by the Beerman's. Another issue John Hodkinson brought up was fences in the front yard. John Gehlsen stated that this issue will be left up to the Home Owners Associations to enforce. Non - Conforming issues and sidewalks in the industrial area on one or both sides of the roads will be addressed. Doug Maples added that language on frontage improvements & where required will be added. Sections of zoning code will be made clearer and a distinction of what triggers improvements. Another issue discussed was rolled curbs in residential areas; however, Doug explained rolled curbs can present difficulty as it makes it easier for people to park on sidewalks. Doug went on to explain that if sidewalks are only on one side then rolled curbs should not be used. Bruce Benson mentioned the Comp Plan Amendments will be coming up for Public Hearing by the RPC members. Doug mentioned he will be setting up a chapter on notices to make the sequence easier to follow, with text supporting the table. Next week staff will be going over chapter 1, 2, and 3, and possibly the master plan development. Meeting was adjourned at 4:25 pm. Respectfully submitted by: Alice Klein, Assistant Planner, City of Yakima • 1 1 1 1 1 1 1 1 DOC. INDEX 1 i 1 1 Agenda ' Yakima Urban Area Regional Planning Commission Workshop RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Pegs, Chris Wilson, Alice Klein,, Joseph Calhoun & Kevin Futrell October V, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers I. Call to Order 111 II. Critical Areas (Chapter 15.27) Revisions 11 fi Continuation of Chapter 15.27.05 Flood Hazard Areas III. Adjournment 'I II li D OC. II INDEX # F - it 1 Yakima Urban Area Regional Planning Commission Workshop • October 24, 2007 Call to Order 1 John Hodkinson called the meeting to order at 3:03 p.m. Roll Call 1 RPC Members present: Chairman John Hodkinson, Jerry Craig, & Bernie Kline, Rockey Marshall & John Gehlsen. Absent were: Ted Marquis (E) & Charlotte Baldwin (UE) Also Present: Supervising Planner Bruce Benson, Assistant Planner Jeff Peters, Attorney Ken Harper, Dean Patterson, County Planner, Joel Freudenthal, County Surface Water & Flood Control, County Program - coordinator Dianna Wood and Assistant Planner, Alice Klein. • Others Present Joe Walsh, CWHBA Staff & RPC members continued review of the Draft COA from page 53. . Line 2128 remove Management after Shoreline and before Master. Line 2143 (F) suggestion was to have Doug re- review this item, or to refer to line 2180. Line 2161 add City's at the end of the sentence. Line 2162 strike out the word Management between Shoreline & Master Program. Line 2163 add City's at the end of the sentence. Under prohibited uses move item (2) to the front of Permitted Uses and list as item # (1) to that part of the document. Line 2188 through 2197 will be more clearly written. On line 2196 a period goes after 15.27.05.72 and delete the remainder of the sentence. . Remove all of section 15.27.05.40 Non - Conforming Uses. This section is being reviewed by Jeff Cutter, City Attorney. This is already in the zoning ordinance. Page 55 add to Notify DOE & Insurance Administration for their mapping purpose to Section © on line 2206 per Chapter 6. Or reference 15.27.06.08 Maps Page 58 line 2311 strike out the words "if different" And completely strike out line 2312. Line 2316 add drawn to an engineering scale. Line 2321 item through 2326(E) will have some wordsmith to make it read better. Line 2327 strike the sentence. Line 2331 add the word "elevation" between the and floodproofing. Page 59 Line 2365 have legal look at the words "may file" Page 60 remove bracket and extra period at the end of sentence. Page 61 to add to Variances to add "From Flood Hazards" A suggestion was made that the there needs a co- ordination with city /county staff to go over 15.27 (CAO) to go over the jurisdictional areas of the city and county. The County's CAO is a separate document from the UAZO. John Hodkinson spoke about the need for the city and county to work together regarding standardization of the UAZO such as sidewalks on one or both sides of the street among others. Staff & RPC members had another discussion regarding mining operations in the Urban Area Zoning Ordinance. Suggestion was to revisit this part of the document. On page 3 of Chapter 15.27.01 suggestion was made to change Title to Chapter. throughout the document. On Line 95 add Stream Corridors to beginning of sentence. Line 104 remove protect to the level of and change to result in and add of before the word the functions. Line 108 place a period after protection and at that point In section 15.27.01.05 line 135 change 1)a to just A and same for 2b and 3c and in line 140 after until such time as conformity is add the word possible and end there with a period. Line 155 g) some wordsmithing to be done on this section. Next week will begin with Definitions on page 7 Meeting adjourned at 5:20 p.m. Doc. Respectfully submitted by: INDEX Alice Klein, Assistant Planner, City of Yakima 11 11 11 11 II Agenda 11 Yakima Urban Area Regional Planning Commission 11 Workshop 11 RPC Members: 11 John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell II October 17, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers I. Call to Order II. Critical Areas (Chapter 15.27) Revisions 11 Chapter 15.27.05 Flood Hazard Areas III. Adjournment 11 11 it 11 DOG. INDEX 11 1 Yakima Urban Area Regional Planning Commission 1 Workshop October 17, 2007 Call to Order 1 John Hodkinson called the meeting to order at 3:07 p.m. Roll Call RPC Members present: Chairman John Hodkinson, Jerry Craig, & Bernie Kline. Absent were: Rockey Marshall (UE), Ted Marquis (E), John Gehlsen (E) & Charlotte Baldwin (UE) Also Present: Code Administration & Planning Manager Doug Maples, Assistant Planner Jeff Peters, Attorney Ken Harper, Dean Patterson, County Planner, Joel Freudenthal, County Surface Water & Flood Control, and Assistant Planner, Alice Klein. 1 Doug began the meeting stating this workshop will be a continuation of Chapter 15.27 of Critical Areas and on to 15.27.05 Flood Hazard Areas. City staff reviewed the County's document and made some slight changes... The document is being left as "whole" as possible. Page 46 line 1874 remove of quasi-judicial and line 1883 change shall to does. Page 47 line 1928 change do not to does not and remove the s from hazards. Line 1929 change to read or permitted uses. Page 49 line 1968 remove the word private from water supply and sanitary sewage. Page 50 remove lines 2009 through 2018 (A, B, C, & D) i The RPC agreed to remove 15.27.05.28.020 (F) top of pages l in its entirety. Item (3) Manufactured Homes — Doug Maples will wordsmith this section. Joel Freudenthal will verify codes and report back regarding this issue. City & County staff discussed burying depth of transmission lines, i.e. Sewer, water & power lines in the floodway zones. John Hodkinson suggested that staff get together to come up with a solution. Jeff Peters suggested that city & county staff review this issue further and come back with findings. On page 52 Doug Maples recommended removing item number (1) line 2101 section 15.27.05.36 Floodway Uses. After much discussion it was decided to revisit this section at a later date. Meeting adjourned at 5:30 p.m. Respectfully submitted by: Alice Klein, Assistant Planner, City of Yakima 1 i DOC. INDEX # i= (v ,i Agenda II Yakima Urban Area Regional Planning Commission " Workshop RPC Members: 1 John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell October 10, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers 111 I. Call to r Ode r II. Critical Areas (Chapter 15.27) Revisions Continue Chapter 6 - Fish & Wildlife & Stream Corridors from 15.27.06.16 If time allows go on to chapter 7 and 9 III. Adjournment 1 DOC. INDEX # r - 5 1 11 Yakima Urban Area Regional Planning Commission Workshop October 10, 2007 Call to Order John Hodkinson called the meeting to order at 3:02 p.m. 1 Roll Call RPC Members present: Chairman John Hodkinson, Jerry Craig, & Bernie Kline. Absent were: Rockey Marshall (UE), Ted Marquis (E), John Gehlsen (E) & Charlotte Baldwin (E) Also Present: Code Administration & Planning Manager Doug Maples, Assistant Planner Jeff Peters, Attorney Ken Harper, Dean Patterson, County Planner, and Assistant Planner, Alice Klein. • Jeff Peters gave out a complete copy of Chapter 15.27 with changes identified. Copy of a CD has been provided regarding the Critical Areas Chapter that have been covered to date. John Hodkinson asked if this document came out before or after the court case is Swinomish County. Dean explained that vegetative buffers apply to everything regarding water dependency. Jeff explained page 71 speaks to Water Dependency 15.27.06.12 were eliminated. City staff determined this section is covered in Shore Lines section. John Hodkinson suggested that Doug Maples bring back suggestions to the RPC on this section. Fish & Wildlife Habitat Section 15.27.06.11 page 7 change to item #20 Change the word an to a, and b) change Pursuant to Provisions of. Page 9 Table 6 -1 discussed minimum adjustments for width of buffers. In the new version there will no longer be additional setbacks from buffers. Adjustment provision is included in this section. 15.27.06.17 under (1) c) change unless it is clearly unavoidable change to read: unless and engineer can demonstrate another appropriate method. Page 10 15.27.06.18 number (3) RPC agreed to change back to original meaning. Page 11 15.27,06.19 adds item number 7 to 6 and change following item numbers to correspond. Doug Maples explained chapter on Non - conforming structures is incorporated into the City's existing zoning ordinance, and the current zoning ordinance also has provisions for penalties... Staff moved on to the complete copy handed out at the beginning of today's workshop to explain changes /editing to draft as follows: Wildlife Habitat of Local Importance reads the same as the counties ordinance and has been added back M. Page 71 Water Dependency Section 15.27,06.12 will be revisited for review per request by John Hodkinson. Page 76 Reclamation has been added back in. Section 15.27.06.16. John Hodkinson requested city staff to bring back suggestions on Water Dependency Dev. Standards. Minor changes were made to section. Chapter 15.27.09.01 (page 87) had some editorial changes from the County's draft. Section .15.27.09.02 Mapping had minor changes. A map has been added to this document. Wellhead protection areas are. mapped. Section. 15.27.09.03 (page 88) Protection Approach had some wordsmithing, but is mostly identical as the 1 County's draft. Under item 6 (page 89) the addition of Water/Irrigation Manager was added Chapter 15.27.07 (page 79) Wetlands had editorial changes. Staff removed unnecessary information. DOC. INDEX r r 1 ' Page 80 had some editorial changes. This section was discussed at length regarding each category and scoring rating. Category I, II, III, IV wetlands had some changes. Dean Patterson, County Planner, stated that the County's version on Wetlands is rated based on Eastern Washington Wetland Rating System ( EWWRS). It ' includes a summary for each category. He recommends in the opening paragraph to state that the EWWRS is being used and the following is just a summary. Dean went on to say that important parts are missing, such as forest wetlands in Category II. The summary defaults back to the rating system. 1 Page 81 Compensatory Mitigation is basically the same as the County's draft. Legal staff will look at items number 1 and 2 of 15.27.07.05 and 15.27.07.06. 1 Meeting adjourned at 5:30 p.m. Respectfully submitted by: Alice Klein, Assistant Planner, City of Yakima 1 • • 1 • 1 1 1 1 1 • 1 1 • 1 DOC, INDEX 1 1 1 SIGN -IN SHEET Yakima Urban Area Regional Planning Commission 1 Yakima City Council Cha i ' bers October 10, 2007 3 :00 - 5:30 pm Workshop Updating the Yakima Urban Area Comprehensive Plan 1 1 1 PLEASE PRINT PLEASE PRINT 1 Name: Address: Zip: = 1 1 i 1 1 1 DOC. 1 INDEX 1 1 1 1 Agenda 1 Yakima Urban Area Regional Planning Commission ' Workshop 1 RPC Members: 1 John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell 1 October 3, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers 1 I. Call to Order ' II. Continuation of Critical Areas (Chapter 15.27) Revisions a. Chapter 6 - Fish & Wildlife & Stream Corridors III. Adjournment 1 1 1 DOC. INDEX # ELI - 1 Yakima Urban Area Regional Planning Commission Workshop October 3, 2007 RPC Members present: Chairman John Hodkinson, Jerry Craig, Rockey Marshall Ted Marquis, Jr., & John Gehlsen. Absent were: Bernie Kline (E) & Charlotte Baldwin (UE) 1 Also Present: Code Administration & Planning Manager Doug Maples, Supervising Assistant Planner Jeff Peters, Attorney Ken Harper Dean Patterson with County Planning, and Assistant Planner, Alice Klein. John Hodkinson called the meeting to order at 3:04 p.m. Today's meeting was a continuation of Chapter 15.27.06 fish & Wildlife Habitat & Stream Corridor System Section 15.27.06.03 first paragraph change but exclude to Include. Same section under number 3) change mapped to non - regulatory map. Section 15.27.06.05)1 add the word riparian after sufficient and area. And item) '4 c) add recruitment and f) add & discharge. Item 5) c) change to Forage for food. Section 15.27.06.06 item 1) after it reads RCW Ch. 90.58 change to read what the County's draft reads. 1 Under items 2, 3 & 4 remove the words Lake & Ponds after types of streams. Section 15.27.06.11 item 5) remove the word Except at beginning of sentence and then should read 1 Sormwater and Erosion Control. Except that developments that are exempt obtain .............Item number 8) after the word construction adds any unlawful action, 1 Same section remove item number 14 and change following items to continue numeric order. Workshop ended at 15.27.06.16 1 • IttiN weeks workshop will continue & complete Fish & Wildlife & Stream corridors Meeting adjourned at 5:24 p.m. /ak 1 1 DOC, 1 INDEX 1 1 SIGN -IN SHEET Yakima Urban Area Regional Planning Commission Yaki ii a City Council Chambers October 3, 2007 3:00 - 5 :30 pm Workshop Updati cg the Yakima Urban Area Zoning Ordinance 1 1 PLEASE PRINT PLEASE PRINT Name: Address: Zip: P 1 'i � A � <ATI E" P s9 /\\ Ay5 n R-IVQ/kihZ 1 1 1 1 1 1 1 1 1 DOC. INDEX 1 1 11 1 Agenda 1 Yakima Urban Area Regional Planning Commission Meeting 1 1 RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerzy Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell 1 September 26, 2007 Yakima City Hall 1 3 :00 to 5:30 p.m. City Council Chambers 1 I. Call to Order II. Continuation of Critical Areas (Chapter 15.27) Revisions 1 III. Adjournment 1 1 1 DOC. 1 INDEX 1 Yakima Urban Area 1 Regional Planning Commission Workshop September 26, 2007 John Hodkinson, Jerry Craig, Ted Marquis, Jr., RPC Members present: Chairman Jo rry g, Charlotte Baldwin & John Gehlsen. RPC Members absent: Bernie Kline (E) & Rockey Marshall (UE) .Also Present: Code Administration & Planning Manager Doug Maples, Supervising Assistant Planner Jeff ' Peters, Attorney Ken Harper and Assistant Planner, Alice Klein. John Hodkinson called the meeting to order at 3:03 p.m. Today's meeting was a continuation of Chapter 15.27.03 Critical Areas - Geo Hazards and Enforcement & 1 Penalties. A letter was introduced that was sent to Yakima County, Steve Erickson, by Dept.of Ecology regarding • .1 comments the County's Critical Areas Ordinance draft. Section 15.27.03.16 (1 (b) RPC members discussed and removed the word potential in the first sentence. In section (2 d)(i) remove and enhance. And next paragraph (ii) Strike sentence Mitigation shall result in no net loss of wetland functions and values. Section 15.27.03.17 (2) Process - Change the word may to shall and add Class 2 or 3 review and change public notice to public hearing. 1 Section 15.27.03.21 discussed asking Ken Harper into checking whether this section could be incorporated into the current zoning ordinance. 1 Section 15.27.03.22 was reviewed with a motion made by Charlotte Baldwin moved to remove all of section 2. Ted Marquis r the motion. Motion passed. RPC decided to have Ken Harper review the section on Enforcement & Penalties, give o inion and report e rp � g P P back. Next weeks workshop will cover Fish & Wildlife & Stream corridors Meeting adjourned at 5:20 p.m. /ak • 1 • 1 D00. INDEX 1 1 1 Agenda 1 Yakima Urban Area 1 Regional Planning Commission Meeting f 1 RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen 1 Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell 1 September 19, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers i I. Call to Order 1 II. Continuation of Critical Areas (Chapter 15.27) Revisions III. Adjournment 1 • 1 DDC, 1 INDEX 1 Yakima Urban Area 1 Regional Planning Commission Workshop September 19, 2007 John Hodkinson called the meeting to order at 3:06 p.m. RPC Members present: Chairman John Hodkinson, Bernie Kline Jerry Craig & Rockey Marshall RPC Members absent: Ted Marquis, Jr., Charlotte Baldwin & John Gehlsen 1 Also Present: Code Administration & Planning Manager Doug Maples, Supervising Assistant Planner Jeff Peters, Attorney Ken Harper and Assistant Planner, Alice Klein. Today's meeting was a continuation of Chapter 15.27 Critical Areas Staff has spoken with CTED regarding a court case in Snohomish County dealing with Critical Areas. The outcome of this case may affect how the City will review the Critical Areas chapter Under 15.27.03.02 item 3 © change to read Adm. Official may waive requirement for a CA report based on other reviewing agencies recommendations. 15.27.03.04 This section does not require a permit. Noxious weed definition is found in the WAC 15.27.06.16 RPC requested a listing of specific exemptions such as what minor activities allowed. ' 15.27.03.05 Ken Harper suggested that RPC, Ken & Planning staff do more wordsmith to correct confusion in this section. 15.27.03.06 DOC has taken exception to this section. We need copy of letter County received from DOC stating issues they had and then how we will make modifications. Suggestion was made to end the sentence under item 15 where it reads "their buffers ". Strike a & b. 15.27.03.07 Geologically Hazards Also part of exemption process 1 Ken Harper suggested changing the word `exemption" to "documented exemption" throughout document. 15.27.03.13 It was agreed to eliminate item 2 and just leave 1 & 3. Ending up with only 2 conditions. 15.27.03.15 Critical Areas Requirements discussed coming back to item number 9 at the next scheduled meeting on September 26, 2007. 1 Next weeks workshop will include Geo Hazards and 15.27.04 Enforcement & Penalties Meeting adjourned at 5:25 p.m. /a• • • 1 1 ' DOC. INDEX # 1=-2- 1 1 1 1 Agenda 1 Yakima Urban Area 1 Regional Planning Commission Meeting 1 1 RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell 1 September 12, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers I. Call to Order II. Critical Areas (Chapter 15.27) Revisions III. Adjournment 1 1 DOC. 1 INDEX # F_ 1 1 Yakima Urban Area Regional Planning Commission Workshop September 12, 2007 1 John Hodkinson called the meeting to order at 3:00 p.m. RPC Members present: Chairman John Hodkinson, Bernie Kline & Rockey Marshall RPC Members absent: Ted Marquis, Jr., Jerry E Craig, Charlotte Baldwin & John Gehlsen 1 Also Present: Code Administration & Planning Manager Doug Maples, Supervising Planner Bruce Benson, Assistant Planner Jeff Peters, and Assistant Planner, Alice Klein. Doug Maples members reference guidance ap es gave RPC membe s a refe a ce gu dance document which highlights RCW Section 36.70A.050. Washington State Legislature passed the Growth Management Act in 1990. The state gave Cities & Counties a ' deadline of December 1, 2007 to complete a review process of Critical Areas. Cities shall designate where critical areas are located, use the state guidelines and consult with DOE who will be reviewing this document GMA has 13 goals of which each has to be considered. 1 CTED Guidelines for best available science is used to determine critical areas. The Critical Areas handbook states local government can accept & solicit scientific information from state or federal agencies, universities, tribes, subject matter experts or others. 1 Documentation must show that best available science was used. Recommend the use most recent science. Five elements of CA are: Frequent flooded area, Wetlands, Fish & Wildlife Habitat Areas, Geological Hazardous Areas and CARA's (Critical Aquifer Recharge Areas). 1 Doug Maples gave a definition of wetlands as being inundated & saturated with surface & ground water. Wet ' lands do not include artificial wetlands unless to mitigate conservation of wetlands. City of Yakima adopted the Critical Areas Ord. in early 1970's and adopted policies & goals in the Comp Plan on 2006. Frequently flooded areas in 100 year flood plane are identified using FEMA maps. Fish & Wildlife Habitat is not regulated by City. Doug spoke of conflict in airport areas in protecting fish and wildlife. Geological Hazardous Areas protection: building codes will address erosion, landslides, avalanches etc. Doug Maples & RPC members went over Chapter 1 of 15.27.01 that explains Authority and Chapter 2 of 15.27.02 gives Definitions that apply to critical areas. ' Doug Maples asked of the RPC for input and direction to work through the present code (Yakima Counties) or take a look at other jurisdictions critical areas ordinance. Shall we use the county's model or some other model? Ken Harper stated that GMA does not dictate, however the County has made headway in regulatory context comparison to other jurisdictions. Ken also emphasized to the group of what will be the expectations for administering permits and how the process will be reviewed. RPC members asked to look at other jurisdictions critical areas ordinances for comparison. County Commissioners have not finalized their document or ruling. The Beerman's document on Historic Business and discussion on Adult Entertainment will be on hold until the Critical Areas Ordinance review has been completed. Copies of Adult Entertainment information will be sent to absent RPC members. n DOC. 1 1 Meeting adjourned at 4:55 p.m. INDEX /ak # - 1 SIGN -IN SHEET 1 Yakima Urban Area Regional Planning Commission Yakima City Council Chambers 1 September 12, 2007 3:00 - 5:30 pm Workshop Updating the Yakima Urban Area Zoning Ordinance 1 PLEASE FNT PLEASE PRINT 1 Name: Address: Zip: ■ 4c)„ ' e--iq (yak) / & o W5)011 1 1 1 1 1 1 1 1 DOC 1 INDEX ___ �= - _� ____ 1 II City of Yakima 2007 Critical Areas Ordinance Update (CAO) 11 UAZO EC #52 -07 EXHIBIT LIST I' CHAPTER G Final UAZO CAO a EXHIBIT # DOCUMENT DATE G -1 Final Yakima Urban Area Zoning Ordinance Critical Areas 2 -01 -08 Ordinance Update 11 1 1 1 1 1 1 1 1 1 1 City of Yakima CRITICAL AREA ORDINANCE YAKIMA URBAN AREA ZONING ORDINANCE CHAPTER 15.27 1 . I 1 �f �iS W q F. ��� l ILI WO. lop �r. i - ri ... ,;:.4,0:: I 4 6 7 a 8 9 10 1 o � • o a 11 Val . r�''..1 .i � a re- Zoning i • r • ce 12 C rtca-A\ r Ordhiance . t .� .� it wate 1 13 Chapter 15.27 I 14 15 11 11 1 1 1 2/1/2008 DOC. INDEX 1 City of Yakima 15.27 CAO 16 TABLE OF CONTENTS 17 18 Part One GENERAL PROVISIONS 19 20 Part Two DEFINITIONS 21 22 Part Three APPLICATION AND REVIEW PROCEDURES 23 24 Part Four FLOOD HAZARD AREAS 25 26 Part Five FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR 27 SYSTEM 28 29 Part Six WETLANDS 30 31 Part Seven GEOLOGICALLY HAZARDOUS AREAS 32 33 Part Eight CRITICAL AQUIFER RECHARGE AREAS 1 34 35 Appendix A Designated Type 2 Stream Corridors 36 37 38 39 1 40 41 42 1 43 44 45 46 47 48 49 50 DOC. 2/1,2008 INDEX 2 # "� 1 City of Yakima 15.27 CAO 51 Chapter 15.27 52 Part One I 53 GENERAL PROVISIONS 54 Sections Defined: 55 15.27.100 Chapter and Authority I 56 15.27.110 Language Interpretation 57 15.27.120 Purpose of Chapter 58 15.27.130 Intent of Chapter I 59 15.27.140 Applicability 60 15.27.150 Science and Protection of Anadromous Fish 61 15.27.160 Administrative Authority I 62 15.27.170 Severability 63 64 15.27.100 Chapter and Authority I 65 Chapter 15.27 is established pursuant to RCW 36.70A.060 (Growth Management Act 66 Natural Resource Lands and Critical Areas -- Development Regulations), RCW Ch. 67 43.21C (State Environmental Policy Act), and federal requirements for eligibility in the 68 National Flood Insurance Program, pursuant to Title 42 of the Code of Federal 69 Regulations (CFR). This chapter shall be known as the "Critical Areas Ordinance of the 70 City of Yakima, Washington." I 72 15.27.110 Language Interpretation 73 Unless specifically defined in Part Two ( §§ 15.27.200 — 299C), words, phrases and terms in this I 74 chapter shall be interpreted to provide meaning and to give this chapter it's most reasonable 75 application. 76 a. "shall" is mandatory; 1 77 b. "may" is discretionary and does not impose a requirement; 78 c. "should" is always advisory; 79 d. "include(s)" means the containment within as a subordinate part of a larger whole. 1 80 When not inconsistent with the context, words used in the present tense include the future; the 81 singular includes the plural; and the plural, the singular. 82 1 83 15.27.120 Purpose of Chapter 84 The purpose of Ch. 15.27 is to establish a single, uniform system of procedures and standards for 85 development within designated critical areas within the incorporated City of Yakima and its I 86 Urban Growth Area. 87 88 15.27.130 Intent of Chapter I 89 1) Ch.15.27 establishes policies, standards, and other provisions pertaining to development 90 within designated critical areas regulated under the provisions of the Growth Management Act I 91 (RCW 36.70A) and development regulated under the National Flood Insurance Program. 92 Wetlands, streams, stream 'corridors and rivers, areas with a critical recharging effect on aquifers 93 used for potable water, fish and wildlife habitat conservation areas; frequently flooded areas; and I 94 geologically hazardous areas constitute the City of Yakima's critical areas pursuant to WAC 365- 95 190 -030. These areas are of special concern to the people of the City of Yakima and the State of 96 Washington because they are environmentally sensitive lands, or hazardous areas, which 1 • DOC. 2/1/2008 INDEX 3 1 # G _, City of Yakima 15.27 CAO 1 97 comprise an important part of the state's natural resource base. The policies, standards, and 1 98 procedures of this chapter are intended to: 99 a) Preserve development options within designated critical areas where such development 100 will result in the level of "No Net Loss" of the functions and values of the critical areas; 1 101 b) Where appropriate, avoid uses and development, which are incompatible with critical 102 areas; 103 c) Prevent further degradation of critical areas unless the degradation has occurred beyond 104 feasible protection; 105 d) Conserve and protect essential or important natural resources; 106 e) Protect the public health, safety, and general welfare; 107 0 Further the goals and policies of the Yakima Urban Area Comprehensive Plan; 108 g) Implement the goals and requirements of the Washington Growth Management Act 109 (RCW Chapter 36.70A), and the National Flood Insurance Program (CFR Title 42); 110 h) Recognize and protect private property rights; 111 i) Provide development options for landowners of all existing lots to the greatest extent 112 possible, through the establishment of Adjustment, Reasonable Use, and Non - 113 Conforming Use and Facility provisions; 114 2) The policies, standards, and procedures of this chapter are not intended to: 1 115 a) Regulate the operation and maintenance of existing, legally established uses and 116 structures, including but not limited to vegetative buffers on existing uses that have been 117 reduced in width prior to the effective date of this chapter; 118 b) Result in an unconstitutional regulatory taking of private property; 119 c) Require the restoration of degraded critical areas for properties in a degraded condition 120 prior to the effective date of this chapter unless improvement of the buffer is needed for 11 121 new development proposed on the property; 122 d) Presume that regulatory tools are.the only mechanism for protection; and 123 e) Prohibit the use of valid water rights. 124 125 15.27.140 Applicability 126 1) The provisions of this chapter shall apply to any new development, construction, or use 127 within the incorporated portion of the City of Yakima and its Urban Growth Area designated 128 as a critical area and upon any land mapped and designated as a special flood hazard area 129 under the National Flood Insurance Program. However, this chapter does not apply to the 130 situations below, except that the Flood Hazard protection provisions of § 15.27 Part Four 131 will continue to apply as determined by §§ 15.27.400 -406: 132 a) Within designated critical areas, there may exist lots, structures, and /or uses which were 133 lawfully established prior to the adoption of this chapter, as provided below, but which 134 would be subsequently prohibited, regulated, or restricted under this chapter. Such 135 existing lots, structures, and /or uses shall be classified as legally non - conforming uses. 1 136 1) It is the intent of this chapter to permit these pre- existing legally non - 137 conforming uses and structures to continue until conformity is possible; 138 i. Critical areas on federally owned lands are not subject to the provision 139 of this chapter; 140 ii. Minor, temporary, or transient activities (including those of a 141 recreational nature) that do not alter the environment or require a DOC. 1 2/1/2008 INDEX 4 _I City of Yakima 15.27 CAO 142 dedicated staging area, use area, or route (including temporary signs) are 143 not subject to this chapter; I 144 ii. Mining, as defined in § 15.27.265, which is carried out under a 145 Washington Department of Natural Resources reclamation permit is not 146 subject to the geologically hazardous areas provisions of this chapter for I 147 erosion hazard areas, over steepened slope hazard areas, landslide hazard 148 areas and suspected geologic hazard areas. Other critical areas provisions 149 continue to apply. I 150 151 2) The adoption and amendment dates of the relevant regulations are provided 152 below; I 153 , i. Critical Areas Ordinance adopted 1998; 154 ii. Flood Hazard Ordinance adopted 1981. 155 I 156 2) Other rules and regulations, including the City of Yakima Subdivision Ordinance (YMC 157 Title 14), the City of Yakima Urban Area Zoning Ordinance (YMC Title 15), and the 158 Buildings Ordinance (YMC Title 11), shall remain in full force and effect as they apply to 159 designated critical areas. In the event that the requirements of Ch. 15.27 conflict with the 160 requirements of the Yakima Urban Area Zoning Ordinance, the Subdivision Ordinance or 161 any other lawfully adopted municipal rules or regulations, the most restrictive standards shall I 162 apply. 163 164 15.27.150 Science and Protection of Anadromous Fish. 165 This chapter has been updated consistent with the requirements for using the best available 166 science and protection of anadromous fish as required by: 167 1) RCW 36.70A.172 Critical Areas -- Designation and Protection -- Best Available Science I 168 to be Used; and 169 2) WAC 365 -195 -900 through 925 Growth Management Act — Procedural Criteria for 170 Adopting Comprehensive Plans and Development Regulations – Part 9 - Best Available I 171 Science. 172 I 173 15.27.160 Administrative Authority 174 (1) The City of Yakima Community & Economic Development Department – Code 175 Administration & Planning Division shall be responsible for the general I 176 administration of this chapter. The Director of the Community & Economic 177 Development Department or the Director's designee shall serve as the 178 Administrative Official of this chapter, except as noted in Part Four §§ 15.27.400 I 179 - 436. The Administrative Official shall establish procedures for implementation 180 of this chapter. 181 (2) A written request for an interpretation of any provision of this chapter may be I 182 submitted to the Administrative Official. Each request shall set forth the specific 183 provision(s) to be interpreted and the facts of the specific situation - giving rise to 184 the request for an interpretation. Interpretations shall be processed in accordance I 185 with YMC Ch. 15.22 Interpretations. 186 187 15.27.170 Severability 1 DOC. 2,1/2008 INDEX 5 City of Yakima 15.27 CAO 1 • 188 If any provision of this chapter or its application to any person or legal entity or circumstances is 1 189 held to be invalid, the remainder of said chapter or the application of the provision to other 190 persons or legal entities or circumstances shall not be affected. _ 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 1 DOG. 1 2/1;2008 INDEX 6 # C -1 City of Yakima 15.27 CAO I 191 Chapter 15.27 192 PART TWO I 193 DEFINITIONS 194 195 15.27.200 Definitions Generally I 196 Definitions listed in Part Two of this document shall be applied to the regulations, review, and 197 administration of all critical areas, including Flood Hazard Areas, unless the definition itself -198 identifies the term as applying to Flood Hazard administration, in which case the definition only J 199 applies to that situation. 200 201 15.27.201 Abutting ill 202 "Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are 203 considered abutting even though the area of contact may be only a point. 204 I 205 15.27.202 Adjacent 206 "Adjacent" means to be nearby and not necessarily abutting. 207 208 15.27.203 Administrative Official 209 "Administrative official" means the duly appointed Director of Community & Economic 210 Development Department or a designee, or the relevant decision maker identified in Ch. 15.27 211 Project Permit Administration, synonymous with "administrator" or "director." 212 213 15.27.204 Alluvial fan 214 "Alluvial fan" means a low, outspread, relatively flat to gently sloping feature, shaped like an 215 open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley 216 upon a plain or broad valley; where a tributary stream is near or at its junction with the main I 217 stream; or wherever a constriction in a valley abruptly ceases or the gradient of the stream 218 suddenly decreases. It is steepest near the mouth of the valley where its apex points upstream I 219 and it slopes gently and convexly outward with gradually decreasing gradient. 220 221 15.27.205 Applicant I 222 "Applicant" means a person, party, firm, corporation, or other legal entity that proposes 223 development, construction, or use on a parcel of property. 224 I 225 15.27.206 Aquifer 226 "Aquifer" means a saturated geologic formation, which will yield a sufficient quantity of water to 227 serve as a private or public water supply. I 228 229 15.27.207 Bank 230 "Bank" means the land surface above the ordinary high water mark that abuts a body of water in 231 and contains it to the bank full depth. 232 233 15.27.208 Bankfull depth II 234 "Bankfull depth" means the average vertical distance between the channel bed and the estimated 235 water surface elevation required to completely fill the channel to a point above which water 1 DOC. 2/1/2008 INDEX 7 City of Yakima 15.27 CAO 236 would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels 237 exist, the bankfull depth is the average depth of all channels along the cross - section. 238 239 15.27.209 Base Flood. 240 "Base Flood" for purposes of administering Part Four means the flood having a one (1%) percent 241 chance of being equaled or exceeded in any given year. (See, IBC 1612.2) 242 243 15.27.210 Base Flood Elevation 244 "Base flood elevation" for purposes of administering Part Four means the elevation of the base 245 flood, including wave height, relative to the National Geodetic Vertical Datum, North American 246 Vertical Datum, or other datum specified on the Flood Insurance Rate Map . (See, IBC 1612.2) 247 248 15.27.211 Basement. 249 `Basement" for purposes of administering Part Four means any area of the building having its 250 floor subgrade (below ground level) on all sides. (See, IBC 1612.2) 1 251 252 15.27.212 Bed 253 "Bed" means the land below the ordinary high water lines of state waters. This definition shall 254 not include irrigation ditches, canals, stormwater run -off devices, or other artificial watercourses 255 except where they exist in a natural watercourse that may have been altered by unnatural means. 256 1 257 15.27.213 Bedrock 258 "Bedrock" means the solid rock underlying unconsolidated surface materials. 259 1 260 15.27.214 Berm 261 "Berm" means a mound or wall of earth material used as a protective barrier to control the 262 direction of water flow. 263 264 15.27.215 Best Management Practices 265 "Best management practices" or "BMPs" means schedules of activities, practices, maintenance 266 procedures, and structural and /or managerial practices that, when used singly or in a combination 267 prevent or reduce adverse impacts to the environment. 268 269 15.27.216 Bioengineering 270 "Bioengineering" means project designs or construction methods, which use live woody 271 vegetation or a combination of live woody vegetation and specially developed natural or 272 synthetic materials, to establish a complex root grid within the existing bank, which is resistant 273 to erosion, provides bank stability, and maintains a healthy riparian environment with habitat 274 features important to fish life. Use of wood structures or limited use of clean angular rock may 275 be allowable to provide stability for the establishment of vegetation. 276 277 15.27.217 Breakwater - 278 "Breakwater" means a fixed or floating offshore structure that protects the shore from the forces 279 of waves or currents. 280 281 1 DOC. 2/1/2008 INDEX 8 1 0 City of Yakima 15.27 CAO 11 282 15.27.218 - Bulkhead 283 "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the 1 284 shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject 285 to erosion. • 286 1 287 15.27.219 Building Official • 288 "Building Official" means the manager of the Code Administration and Planning Division or a 289 designee. 1 290 291 15.27.220 Channel 292 "Channel" means an open conduit, either naturally or artificially created, which periodically or I 293 continuously contains moving water, or which forms a connecting link between two bodies of 294 water. 295 I 296 15.27.221 Classification 297 "Classification" means value and hazard categories to which critical areas and natural resource 298 lands will be assigned. 1 299 300 15.27.222 Clearing 301 "Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter 1 302 from a parcel of land. 303 304 15.27.223 Compaction 1 305 "Compaction" means compressing soil or other material through some mechanical means to 306 make it denser. 307 1 308 15.27.224 Construction 309 "Construction" means the assembly, placement, or installation of structures, roadways, 310 transmission lines, and other improvements within a parcel of land. I • 311 312 15.27.225 Construction Materials I 313 "Construction Materials" for the purpose of Part Four means all new construction and substantial 314 improvements shall be constructed with material and utility equipment resistant to flood damage 315 (See Technical Bulletin 2 -93 for qualifying materials. (FEMA §60.3(a)(3)(ii) 316 • I 317 15.27.226 Construction Methods 318 "Constructions Methods" for the purpose of Part Four means all new construction and substantial I 319 improvements shall be constructed using methods and practices that minimize flood damage. 320 321 15.27.227 Critical Aquifer Recharge Area I 322 "Critical Aquifer recharge area" means an area with a critical recharging effect on an aquifer(s) 323 used for potable water or areas where a drinking water aquifer is vulnerable to contamination 324 that would affect the potability of the water. I 325 326 15.27.228 Designated 327 "Designated" means formal legislative action to identify and describe a critical area. 1 DOC. 2/1/2008 INDEX 9 1 # _._ City of Yakima 15.27 CAO 328 1 329 15.27.229 Department 330 "Department" means the City of Yakima Department of Community & Economic Development. 331 332 15.27.230 Development 333 "Development" means the division of land into lots or parcels in accordance with the City's 334. Subdivision Ordinance (YMC 14), and any clearing, excavation, dredging, drilling, filling, 335 dumping, removal of earth and mineral materials, or other permanent or temporary modification 336 of a parcel of land up to, but not including, construction as defined in this chapter. For the 337 purpose of §§ 15.27.400 - 436, "development" also means any manmade change to improved or 338 unimproved real estate located within a special flood hazard area, including but not limited to 339 buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, 1 340 temporary or permanent storage of equipment and works defined in this chapter. (See, IBC G 341 201.2) 342. 1 343 15.27.231 Dike 344 "Dike" means an embankment to prevent flooding by a stream or other water body. A dike is 345 also referred to as a levee. 1 346 347 15.27.232 Dock 348 "Dock" means a structure built over or floating upon the water and used as a landing place for 349 boats and other marine transport, fishing, swimming, and other recreational uses. 350 351 15.27.233 Dredging 352 "Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of 353 increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill 354 materials. This definition does not include excavation for mining within a pond created by a 355 mining operation approved under this chapter or under a local zoning ordinance, or a mining 356 operation in existence before Zoning, Shorelines, or Critical Areas permits were required for 357 such operations. 358 359 15.27.234 Earth Material 360 "Earth material" means any rock, natural soil, organic material or combination thereof. 361 362 15.27.235 Enhance 363 "Enhance" means to strengthen any of the basic functional properties listed in § 15.27.504 that 364 exist but do not perform at optimum efficiency. "Optimum" refers to the most favorable or best 365 performance of each function achievable for a specific segment of stream corridor. 366 367 15.27.236 Ephemeral Stream 368 "Ephemeral stream" means a stream that flows only in response to precipitation with no 369 groundwater association, usually 30 days or less per year. The lack of any groundwater 370 association results in a lack of a distinctive riparian vegetation compared to the surrounding 371 landscape. 372 373 DOC. 1 INDEX 2/1/2008 10 _I 1 City of Yakima 15.27 CAO 1 374 15.27.237 Erosion 375 "Erosion" means the wearing away of the earth's surface as a result of the movement of wind, I 376 water, or ice. 377 378 15.27.238 Excavation I 379 "Excavation" means the mechanical removal of earth material. 380 381 15.27.239 Fill I 382 "Fill" means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, 383 gravel, concrete rubble, rubble, wood chips, bark, or waste of any kind, which is placed, stored 384 or dumped upon the surface of the ground resulting in an increase in the natural surface I 385 elevation. The physical structure of a shore stabilization structure shall not be considered fill. 386 However, fill placed behind the structure is considered fill. Streambed manipulation for 387 irrigation diversions shall not be considered fill. I 388 389 15.27.240 Flood 390 "Flood" means a general and temporary condition of partial or complete inundation of normally I 391 dry land areas from the unusual and rapid accumulation of runoff of surface waters from any 392 source. 393 I 394 15.27.241 Flood Hazard Permit 395 "Flood hazard permit" means written approval applied for and obtained in accordance with such 396 rules and regulations as are established under this chapter. I 397 . 398 15.27.242 Flood Insurance Rate Map 399 "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency I 400 Management Agency has delineated both the areas of special flood hazards and the risk premium 401 zones applicable to the community. 402 403 15.27.243 Flood Insurance Study 404 "Flood insurance study" means the official report provided by the Federal Emergency I 405 Management Agency that includes flood profiles. the flood boundary - floodway map, and the 406 water surface elevation of the base flood. 407 I 408 15.27.244 Floodplain 409 " Floodplain" means a land area adjoining a river, stream, watercourse, or lake, which has been 410 determined likely to flood. The extent of the floodplain may vary with the frequency of flooding I 411 being considered as per FEMA FIRM Maps. "Flood plain" is synonymous with the one hundred 412 (100) year floodplain and means that land area is susceptible to inundation with a one (1) percent 413 chance of being equaled or exceeded in any given year. I 414 415 15.27.245 Flood -prone 416 "Flood- prone" means a land area for which a floodway and floodplain has not been determined I 417 with respect to any specific flood frequency, but for which the potential for flooding can be 418 identified by information observable in the field such as soils or geological evidence, or by 419 materials such as flood studies, topographic surveys, photographic evidence or other data. 1 DOC. INDEX zn izoos 11 1 # 6 -I City of Yakima 15.27 CAO 420 1 421 15.27.246 Flood- proofing 422 "Flood- proofing" for purposes of administering "Part Four" means any combination of structural 423 and nonstructural changes or adjustments to structures, which reduce or lessen flood damages to 424 lands, water or wastewater treatment facilities, structures, and contents of buildings. 425 426 15.27.247 Floodway 427 "Floodway" means the regular channel of a river, stream, or other watercourse, plus the adjacent 428 land areas that must be reserved in order to discharge the base flood without cumulatively 429 increasing the water surface elevation more than one (1) foot. 430 431 15.27.248 Floodway Fringe 1 432 "Floodway fringe" for purposes of administering Part Four means that portion of a floodplain 433 which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve 434 as temporary storage for floodwaters. 1 435 436 15.27.249 Grade 437 "Grade" means the vertical location of the ground surface. 1 438 439 15.27.250 Grade, Existing 440 "Grade, Existing" is the current grade in either its undisturbed, natural condition or as disturbed 441 by some previous modification. 442 443 15.27.251 Grade, Finish 444 "Grade, Finish" is the final grade of the site, which conforms to an approved plan. 445 446 15.27.252 Grade, Natural 447 "Grade, Natural" is the grade as it exists or may have existed in its original undisturbed 448 condition. 449 1 450 15.27.253 Grade, Rough 451 "Grade, Rough" is a stage where grade conforms approximately to an approved plan. 452 • 453 15.27.254 Grading 454 "Grading" means any excavation, filling, or combination thereof. 455 456 15.27.255 • Groundwater 457 "Groundwater" means water that occurs beneath the land surface, also called subsurface water or 458 subterranean water. Groundwater includes water in the zone of saturation of a water - bearing 459 formation. 460 461 - 15.27.256 Hydrologically Related Critical Areas (HRCA) 462 "Hydrologically related critical areas (HRCA)" include all those areas identified in § 15.27.502, 463 which are important and deserving of protection by nature of their value for the functional 464 properties found in § 15.27.504. 465 1 • 11 2>1i2008 1 2 _ .. I City of Yakima 15.27 CAO 466 15.27.257 Hyporheic 467 "Hyporheic" means a groundwater area adjacent to and below channels where water is I 468 exchanged with channel water and water movement is mainly in the downstream direction. 469 470 15.27.258 Intermittent Streams I 471 "Intermittent stream" means a stream, which flows only during certain times of the year, with 472 inputs from precipitation and groundwater, but usually more than 30 days per year. Groundwater 473 association generally produces an identifiable riparian area. I 474 This definition does not include streams that are intermittent because of irrigation diversion or 475 other manmade diversions of the water. 476 I 477 15.27.259 Lake or pond 478 "Lake or pond" means an inland body of standing water. The tern can include the reservoir or 479 expanded part of a river behind a dam. . I 480 481 15.27.260 Lowest Floor 482 "Lowest floor" for purposes of administering Part Four, means the lowest floor of the lowest 1 483 enclosed area (including basement). An unfinished or flood- resistant enclosure, usable solely for 484 parking of vehicles, building access or storage, in an area other than a basement area, is not 485 considered a building's lowest floor, provided that such enclosure is not built so as to render the I 486 structure in violation of the applicable non - elevation design requirements of this chapter. 487 488 15.27.261 Manufactured Home I 489 "Manufactured home" means a structure fabricated on a permanent chassis that is transportable 490 in one (1) or more sections; is designed to be used with or without a permanent foundation when I 491 connected to the required facilities and is used for human occupancy as a residential dwelling. 492 The tern "manufactured home" shall include "mobile home" for regulatory purposes under this 493 chapter. 494 The term shall not include "recreation vehicle." "commercial coach," "camping vehicle," "travel I 495 trailer," "park trailer," "tip- out," and any other similar vehicle, which is not intended, designed, 496 constructed or used as a single- family dwelling. 497 I 498 15.27.262 Manufactured Home Park or Subdivision 499 "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided I 500 into two (2) or more manufactured home lots for rent or sale pursuant to Title 15 of this Code. 501 502 15.27.263 Manufactured Home Park or Subdivision, Existing I 503 "Existing manufactured home park or subdivision" means a manufactured home park or 504 subdivision that was completed before December 15, 1981, the effective date of the floodplain 505 management regulations. I 506 507 15.27.264 Minerals 508 "Minerals" means gravel, sand and metallic and non - metallic substances of commercial value. I 509 510 15.27.265 Mining • 1 `,.,, 2/1/2008 1N` X 13 1 # _ City of Yakima 15.27 CAO 511 "Mining" means the removal of naturally occurring minerals and materials from the earth for 512 commercial value. Mining includes processing and batching. Mining does not include large 513 excavations for structures, foundations, parking areas, etc. (See also § 15.27.518 Dredging and 514 Excavation). 515 516 15.27.266 Minor Revision 517 "Minor Revision" for the purpose of this chapter is as follows but not limited to: minor changes 518 in facility orientation or location, minor changes I structural design that does not change the 519 height or increase ground floor area, and minor accessory structures (such as equipment covers 1 520 or small sheds near the main structure etc.). 521 522 15.27.267 Native 1 523 "Native" means indigenous to or originating naturally within the City of Yakima and 524 surrounding areas. 525 1 526 15.27.268 Natural Conditions 527 "Natural conditions" means those conditions, which arise from or are found in nature and not 528 modified by human intervention. 529 530 15.27.269 New Construction 531 "New construction" for purposes of administering Part Four, means start of construction after 532 construction plans were submitted to the City and the Building Division reviewed and approved 533 the construction plans to create a structure. 534 535 15.27.270 Non - Conforming Structure 536 "Non- conforming structure" for purposes of administering Part Four, means a structure, which 537 was lawful prior to the adoption or amendment of this chapter, but which fails by reason of such 538 adoption or amendment, to conform to the present requirements of the zoning district in which it 539 is located. In addition, the structure may not be permitted as a new structure under the terms of 540 this chapter because the structure may not be in conformance with the applicable elevation 541 and /or flood - proofing requirements. 542 543 15.27.271 Non- Conforming Use 544 "Non- conforming use" for purposes of administering "Part Four", means a use of land or 545 structure, which was lawfully established and maintained prior to the adoption or amendment of 546 this chapter, but does not conform to this chapter for the zoning district in which it is located. In 547 addition, the use may not be permitted as a new use under the terms of this chapter because the 548 use may not be in conformance to the applicable elevation and /or flood - proofing requirements. 549 550 15.27.272 Normal Appurtenances 551 Normal Appurtenances includes garages, deck, driveways, utilities. fences, and grading, which 552 do not exceed two hundred fifty (250) cubic yards. 553 554 15.27.273 Normal Repair 1 DOC. 2/1/2008 14 14 # Cr- ( 11 - City of Yakima 15.27 CAO 1 555 "Normal repair" means to restore a development to a state comparable to its original condition, 556 including but not limited to its size, shape, configuration, location and external appearance, t 557 within a reasonable period after decay or partial destruction. 558 559 15.27.274 Ordinary High Water Mark (OHWM) I 560 "Ordinary high water mark" means a mark on lakes and streams which can be found by 561 examining the bed and banks and ascertaining where the presence and action of waters are 562 common and usual, and so long continued in ordinary years as to create a character mark upon 1 563 the soil distinct from that of the abutting upland. 564 565 15.27.275 Perennial Stream I 566 "Perennial stream" means a stream that flows year round in normal water years. 567 568 15.27.276 Project Site I 569 "Project site" means that portion of any lot, parcel, tract, or combination thereof which 570 encompasses all phases of the total development proposal. 571 I 572 15.27.277 Qualified Professional 573 "Qualified Professional" means a person with experience, training, expertise, and related work 574 experience appropriate for the relevant critical area subject in accordance with WAC 365-195 - I 575 905(4). The professional shall provide their qualifications to the Administrative Official to 576 insure the professional has the acceptable level of qualifications and experience for the relevant 577 critical area they will be working in. I 578 579 15.27.278 Recreation Vehicle 580 "Recreation Vehicle" means a vehicle which is: 1 581 (1) Built on a single chassis; 582 (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; 583 (3) Designed to be self - propelled or permanently towable by a light -duty truck; and, 1 584 (4) Designed primarily for temporary living quarters used during recreational, camping, travel, or 585 seasonal conditions. 586 I 587 15.27.279 Restore 588 "Restore" means to re- establish the basic functional properties listed in § 15.27.504 that have I 589 been lost or destroyed through natural events or human activity with measures such as re- 590 vegetation and removal or treatment of toxic materials. 591 I 592 15.27.280 Restoration 593 "Restoration" Does not imply a requirement for returning the site to aboriginal or pre- European 594 settlement conditions rather the return of a critical area with vegetation and addressing any toxic 595 materials from the date of the permit. I 596 597 15.27.281 Revetment I 598 "Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore 599 structure against erosion by wave action or currents. 600 1 DOL 2/1/2008 INDEX 15 1 # (1 �., .... City of Yakima 15.27 CAO • 601 15.27.282 Riparian vegetation 602 'Riparian Vegetation" means the terrestrial vegetation that grows beside rivers, streams, and 603 other freshwater bodies and that depends on these water sources for soil moisture greater than 604 would otherwise be available from local precipitation. 605 606 15.27.283 Riprap 607 " Riprap" means a layer, facing, or protective mound of rubble or stones randomly placed to 608 prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this 609 purpose. 610 611 15.27.284 Scour 612 "Scour" means the removal of underwater material by waves and currents, especially at the base 613 or toe of a shore stabilization structure. 614 615 15.27.285 Shoreline 616 "Shoreline," as used in this chapter, means those water areas, the associated features, and the 617 land areas that are subject to the State Shoreline Management Act, as defined in RCW 90.58.030 618 and the City of Yakima's current Shoreline Master Program (definitions). 619 620 15.27.286 Shore Stabilization 621 "Shore stabilization" means the construction or modification of bulkheads, retaining walls, dikes, 1 622 levies, riprap, breakwaters, jetties, groins, weirs, and other structures along the shore, for the 623 purpose of controlling stream undercutting, stream erosion or lake shore erosion. 624 1 625 15.27.287 Single- Family Dwelling 626 "Single- family residence" means a detached dwelling designed for and occupied by one (1) 627 family, including those structures and developments, which are a normal appurtenance. 628 629 15.27.288 Slope 630 "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of 631 horizontal distance to vertical distance. 632 633 15.27.289 Solid Waste 634 "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but 635 not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and 636 construction wastes, abandoned vehicles or parts thereof, and discarded commodities. 637 638 15.27.290 Special Flood Hazard Areas 639 "Special flood hazard area" means the land in the floodplain identified by the Federal Emergency 640 Management Agency that is subject to a one (1) percent or greater chance of flooding in any 641 given year. Commonly known as the one hundred (100) year floodplain. 642 643 15.27.291 Start of Construction 644 "Start of construction" for purposes of administering Part Four, means the first placement of 645 permanent construction of a structure on a site, such as the pouring of slabs or footings or land Do.. 1 INDEX 2/1/2008 16 1 City of Yakima 15.27 CAO I ! 546 preparation, such as clearing, grading and filling, the installation of streets or walkways; ' 547 excavation for a basement, footings, piers or foundations, or the erection of temporary forms. X48 549 15.27.292 Stream D "Stream" means water contained within a channel, perennial, intermittent, or ephemeral. L551 Streams include both natural watercourses and those modified by man (Example: stream flow 52 manipulation; channelization, and relocation of the channel). 653 They do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, canals, 654 stormwater runoff facilities, or other artificial watercourses except those that are located within ' 655 existing wetland or streams. 656 I 657 15.27.293 Stream Corridor 658 "Stream corridor," as used in this chapter, means features listed and described in § 15.27.502. 659 1 660 15.27.294 Structure 661 "Structure" means anything constructed or erected, which requires location on ground, or 662 attached to something having a location on the ground, but not including fences or walls used as I 663 fences less than six (6) feet in height and include gas or liquid storage tanks when located above 664 ground. 665 I 666 15.27.295 Substantial Improvement 667 "Substantial improvement" for purposes of administering Part Four means any repair, 668 reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) U 669 percent of the assessed value of the structure either: 670 (1) Before the improvement or repair is started; or I 671 (2) Before the damage occurred to a structure. 672 (3) For the purposes of this definition, "substantial improvement" occurs when the first 673 alteration of any wall, ceiling, floor, or other structural part of the building commences, I 674 whether or not that alteration affects the external dimensions of the structure. The total 675 value of all improvements to an individual structure undertaken subsequent to March 4, 676 1986, the effective date of this title, shall be used to define "substantial improvement" for. I 677 said structure. The term does not, however, include either: 678 (a) Any project for improvement to a structure to comply with existing state or local 679 health, sanitary or safety code specifications which are solely necessary to assure safe 680 living conditions; or • 681 (b) Any alteration of a structure listed on the National Register or Historic Places or a 682 state inventory of historic places. I 683 684 15.27.296 Use 685 "Use" (See "Use as defined in ch. 15.02). I 686 II 687 688 I 689 15.27.297 Utility Equipment 690 "Utility Equipment" for the purposes of Part Four means all electrical, heating, ventilation, 691 plumbing and air - conditioning equipment and other service facilities shall be designed and /or 1 DflO. 2%1i2008 INDEX 17 1 e --- I City of Yakima 15.27 CAO_ 692 otherwise elevated or located so as to prevent water from entering or accumulating within the 693 components during conditions of flooding. 694 695 15.27.298 Vegetative Buffer or Buffer 696 "Vegetative buffer or Buffer" means an area extending landward from the ordinary high water 697 mark of a lake or stream and /or from the edge of a wetland which is maintained or otherwise 1 698 allowed to provide support for the performance of the basic functional properties of a stream 699 corridor, wetland and other hydrologically related critical areas as set forth in §§ 15.27.504 700 Functional Properties and 15.27.603 Wetland Functions and Rating. 701 702 15.27.299 Wetland 703 "Wetland" means areas that are inundated or saturated by surface water or ground water at a 704 frequency and duration sufficient to support, and that under normal circumstances do support, a 705 prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands 706 generally include swamps, marshes,.bogs, and similar areas. Wetlands do not include those 707 artificial wetlands intentionally created from non - wetland sites, including, but not limited to, 708 irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater 709 treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 710 1990, that were unintentionally created as a result of the construction of a road, street, or 711 highway. Wetlands may include those artificial wetlands intentionally created from nonwetland 712 areas created to mitigate conversion of wetlands. 713 714 15.27.299A Wildlife 715 "Wildlife" means all species of the animal kingdom whose members exist in Washington in a 716 wild state, which includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or 717 invertebrate, at any stage of development. 718 719 15.27.299B Wildlife Habitat 720 "Wildlife habitat" means an area, of climate, soils, vegetation, relationship to water, location, and 721 or other physical properties, which are identified as having a critical importance to the 722 maintenance of wildlife species. 723 724 15.27.299D Works 725 "Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile; bridge, improved 726 road, abutments, projection, excavation, channel rectification, or improvement. 1 1 11 11 DOC. O INDEX 2,1/2008 18 City of Yakima 15.27 CAO I 727 CHAPTER 15.27 728 PART THREE I 729 APPLICATION AND REVIEW PROCEDURES 730 Sections Defined: 731 General Provisions I 732 15.27.300 Critical Area Development Authorization Required 733 Inquiry and Early Assistance 734 15.27.301 Critical Area Identification Form and Critical Areas Report Requirements I 735 15.27.302 Pre - application Conference 736 Abbreviated Review Alternatives_ 737 15.27.303 Activities Allowed without a Permit or Exemption I 738 15.27.304 Exemption - Procedural Requirements. 739 15.27.305 Documented Exemptions for Hydrologically Related Critical Areas, Wetlands 740 15.27.306 Documented Exemptions for Geologically Hazardous Areas Development I 741 Authorizations 742 15.27.307 Mitigation requirements 743 Review Process I 744 15.27.308 . Application Submittal 745 15.27.309 Determination of Review Process 746 15.27.310 Development Authorization — Review Procedure I 747 15.27.311 Authorization Decisions — Basis for Action 748 15.27.312 Conditional Approval of Development Authorization I 749 15.27.313 Fees and Charges 750 Critical - Areas: Reports 751 15.27.3 Critical Areas Report Requirements I 752 15.27.315 Supplemental Report Requirements for Specific Critical Areas . 753 Permit 'Review Criteria 754 15.27.316 Standard Development Permit ▪ 755 15.27.317 Adjustment I 756 15.27.318 Reasonable Use Exception 757 15.27.319 Minor Revisions to Approved Uses or Developments ` 758 15.27.320 Non - Conforming Uses and Facilities ' 759 15.27.321 General Critical Areas Protective Measures 1 1 1 1 1 i1 . w1- }'.. 1 2/1/2008 INDEX 19 # � - City of Yakima 15.27 CAO 1 760 761 General Provisions 762 15.27.300 Critical Area Development Authorization Required 1 763 (1) No new development, construction or use shall occur within a designated critical area 764 without obtaining a development authorization in accordance with the provisions of this chapter, 765 except for those provided for in § 15.27.303 Activities Allowed. 766 Exemptions, as provided for in §§ 15.27.304 through 15.27.306, shall be considered as 767 development authorization. 768 (2) With respect to application and review procedures, it is the intent of this chapter to 769 streamline and coordinate development authorization within a critical area and recognize other 770 requirements by local, state, and /or federal permits or authorizations. Development, 771 construction, or use occurring within a designated critical area shall be processed according to 772 the provisions of this chapter, unless determined to be exempt. 773 (3) Approval of a development authorization under this chapter shall be in addition to, and not a 774 substitute for, any other development permit or authorization required by the City of Yakima. 775 Approval of a development authorization under this chapter shall not be interpreted as an 776 approval of any other permit or authorization required of a development, construction, or use. 777 (4) Development authorizations issued in accordance with this chapter shall continue with the 778 land and have no "sunset clause" unless otherwise stated in the development authorization. 779 (5) Coordination with Other Jurisdictions. 780 (A) Where all or a portion of a standard development project site is within a designated 781 critical area and the project is subject to another local, state or federal development permit or 782 authorization, the Administrative Official shall determine whether the provisions of this 783 chapter can be processed in conjunction with a local, state or federal development permit or 784 authorization, or whether a separate critical area development authorization application and 785 review process is necessary. 786 The decision of the Administrative Official shall be based upon the following criteria: 787 (i) The nature and scope of the project and the critical area features involved or 788 potentially impacted; 789 (ii) The purpose or objective of the permit or authorization and its relationship to 790 protection of the critical area; 791 (iii) The feasibility of coordinating the critical area development authorization with 792 other permitting agency; 793 (iv) The timing of the permit or authorization. 794 (B) When a determination has been made that provisions of this chapter can be handled 795 through another applicable development permit or authorization process, project proponents 796 may be required to provide additional site plans, data, and other information necessary as part 797 of that process to ensure compliance with this chapter. The Administrative Official's 798 decision on the critical area development authorization shall be coordinated to coincide with 799 other permits and authorizations. The Administrative Official may determine to accept the 800 development authorization and /or permits from the other reviewing agencies as complete 1 801 compliance with the city's critical area ordinance. 802 803 804 805 Inquiry and Early Assistance DOC. 2/1/2008 20 20 1 City of Yakima 15.27 CAO 806 15.27.301 Critical Area identification Form and Critical Area Report Requirements. • 807 1. Prior to the review of any applicable proposed development, construction or use, the I 808 applicant shall provide the City with a Critical Areas Identification Form and site plan 809 and any other information the City may require to determine if a critical area is present. 810 I 811 2. Upon receipt of a Critical Area Identification Form and site plan, the Administrative 812 Official or designee may conduct a site examination to review critical area conditions. 813 The Administrative Official or designee shall notify the property owner of the site I 814 examination prior to the site visit and the property owner shall provide reasonable access 815 to the site. . 816 I 817 3. The Administrative Official or designee shall review the available information pertaining 818 to the proposal and make a determination whether any critical areas may be affected. If 819 so, a more detailed critical area report shall be submitted in conformance with § 820 15.27.314 Critical Areas Report Requirements and § 15.27.315 Supplemental Report 821 Requirements for Specific Critical Areas, except as provided below: 822 i. No critical areas present. If the Administrative Official or designee is I 823 able to sufficiently determine a critical area does not exist within or 824 adjacent,to the project area and / or a critical area report is not required. 825 ii. Critical areas present, but no impact. • If the Administrative Official or I 826 designee is able to determine the existence, location and type of critical 827 area and the project area is not within the critical area and or the project • 828 will not have an indirect impact on the function of an adjacent wetland. 829 iii. Critical areas may be affected by a proposal. The Administrative 830 Official or designee may waive the requirement for a critical areas report I 831 utilizing the technical expertise of other reviewing agencies if: • 832 1. The Administrative Official is sufficiently able to determine the 833 existence, location and type of the critical area; I 834 2. The project scale or nature is such that a specialist is not necessary 835 to identify impacts and mitigation; and, 836 3. The applicant agrees to provide mitigation the Administrative I 837 Official deems adequate to mitigate for anticipated impacts. 838 4. Reports will generally fall into the following groups: 839 i. Determining the absence of a critical area; I 840 ii. Determining the existence, location and type of a critical area; 841 iii. Determining impacts of an encroachment on a critical area and general 842 mitigation measures; and I 843 iv. Developing a compensatory mitigation plan. 844 5. The Administrative Official or designee shall base wetland boundary determinations on 845 those criteria specified in the Washington State Wetlands Identification and Delineation II 846 Manual (1997). Wetland mitigation adequacy determination by the Administrative 847 Official shall be consistent with the Wetland Mitigation in Washington State, Parts 1 and 848 2 (March 2006 or as updated). I 849 850 15.27.302 Pre - application Conference 1 DOC. 2/1P2008 INDEX 21 1 C� City of Yakima 15.27 CAO I 851 Any new development or use falling under the provisions of this chapter may be subject to a re- I Y P b P P Y J o P 852 application conference. Prior to the pre- application conference, the project proponent must 853 submit a Critical Area Identification From and preliminary site plan. 1 854 A project review for flood hazards shall follow the pre - application requirements established to 855 administer Part Four Flood Hazard Areas. 856 The pre- application conference is intended to allow the Administrative Official or designee to: 11 857 (1) Establish the scope of the project and identify potential concerns that may arise; 858 (2) Identify permits, exemptions, and authorizations, which the project proponent may need 859 to obtain; 860 (3) Determine whether the project will be processed through the development procedures 861 of this chapter or coordinated with the review procedures of another development 862 permit or authorization; 863 (4) Provide the proponent with resources and technical assistance (such as maps, scientific 864 information, other source materials, etc.); and 865 (5) Determine whether there is a need for a preliminary site assessment. 866 867 . 868 I, 869 Abbreviated Review Alternatives 870 15.27.303 Minor Activities Allowed without a Permit or Exemption. 871 1) This chapter shall be inapplicable to the following actions (15.27.140(2)): I, 872 a) Maintenance of existing, lawfully established areas of crop vegetation, landscaping, 873 paths, and trails or gardens within a regulated critical area or its buffer. Examples 874 include: mowing lawns, weeding, garden crops, pruning, and planting of non- invasive 875 ornamental vegetation or indigenous native species to maintain the general condition and 876 extent of such areas; 877 b) Minor maintenance and /or repair of structures that do not involve additional 878 construction, earthwork, or clearing. Examples include painting, trim or facing 879 replacement, re- roofing, etc. Cleaning , operation and maintenance of canals, ditches, 2 880 drains, waste ways etc. is not considered additional earthwork, as long as the cleared II 881 materials are placed outside the stream corridor, wetlands, and buffers; 882 c) . Low impact activities such as hiking, canoeing, viewing, nature study, photography. 883 hunting, fishing, education or scientific research; 884 d) Creation of private trails that do not cross streams or wetlands that are less than two (2) 885 feet wide and do not involve placement of fill or grubbing of vegetation; 886 e) Maintenance and normal work of the Greenway pathway and grounds; 887 f) Planting of native vegetation; 888 g) Noxious weed control outside vegetative buffers identified in § 15.27.514; II 889 h) Noxious weed control within vegetative buffers, if the criteria listed below are met. 890 Control methods not meeting these criteria may still apply for a restoration exemption, or 891 other authorization as applicable: 892 i. Hand removal /spraying of individual plants or other acceptable method approved by 893 the administrative official; 894 ii. No area wide vegetation removal /grubbing. 1 895 896 DOC. 1 2/1/2008 22 # C� I 22 III City of Yakima 15.27 CAO 1 897 898 15.27.304 Documented Exemption— Procedural Requirements. 1 899 The following development activities are exempt from standard development permits, except that 900 Flood Hazard exemptions shall follow the exemption procedures found in § 15.27.403. 901 Exemption from this chapter shall follow procedures 6 a) below, and does not under any 1 902 circumstances give permission to degrade a critical area or ignore risk from natural hazards. Any 903 incidental damage to, or alteration of a critical area that is not a necessary outcome of the 904 exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense. 1 905 according to § 15.27.521 Reclamation. 906 1) Exemptions shall be construed narrowly and any exempted development shall be 907 consistent with the policies and provisions of this chapter. I 908 2) If any part of a proposed development is not eligible for an exemption, then a 909 development permit is required for the entire proposed project. 910 3) The burden of proof that a development or use is exempt is on the applicant. I 911 4) When a development or use is proposed that does not comply with the bulk, dimensional 912 and performance standards of this chapter, such development must also obtain an 913 Adjustment. 914 5) All exempted activities shall use reasonable methods to avoid potential impacts to critical 915 areas. I 916 6) The proponent of an exempt activity shall submit a written request for a documented 917 exemption which states the following: 918 a) Why the exemption is being sought. 1 919 b) A project description that demonstrates the following: 920 i) The sequence of activities to be conducted, 921 ii) The equipment to be used (hand or mechanical), • I 922 iii) The best management practices to be used, 923 iv) The efforts employed to minimize adverse impacts, and 924 v) Restoration for disturbed areas following the activity including mitigation for I 925 lost wetland functions. 926 7) The Administrative Official or designee shall approve or deny the exemption. A formal 927 letter of exemption shall be provided when an exempt activity is approved under this I 928 chapter. If an exemption cannot be granted, the Administrative Official or designee shall 929 notify the applicant in writing, stating the reason for denial of the exemption, at which 930 time the applicant may pursue other permit processes under this chapter or modify the I 931 activity to a level that would justify reconsideration. 932 8) The following activities are exempt from the standard development permit process and 933 identified in the following locations. However, this provision does not exempt an activity I 934 from other parts, permits or reviews required under Ch. 15.27: 935 a. Those activities listed in § 15.27.305 Exemptions for Hydrologically Related 936 Critical Area Features and Wetlands; 1 937 b. Those activities listed in § 15.27.306 Exemptions for Geologically Hazardous 938 Areas; and, 939 c. Those activities listed in § 15.27.403 are exempt from the Flood Hazard Permit 1 940 requirements of "Part Four" Flood Hazard Areas. 941 1 DOC. I 2/1/2008 INDEX 23 City of Yakima 15.27 CAO 1 y 942 15.27.305 Documented Exemptions for Hydrologically Related Critical Areas and 943 Wetlands 944 The following development activities are exempt from standard development permits, except that 945 Flood Hazard exemptions shall follow the exemption procedures found in § 15.27.403. 946 947 (1) Construction of a single - family residence and appurtenances where the residence and 1 948 appurtenances meet all requirements of the City of Yakima and do not lie within a 949 designated critical area or buffer (See Single - Family Dwelling and Normal Appurtenances 950 definition §§ 15.27.287 & 15.27.272). Applications for development within critical areas 1 951 or their buffers shall follow the procedures of 15.27.317 Adjustments. 952 a) Construction shall not involve placement of fill in any wetland or at locations 953 waterward of the ordinary high water mark; and 954 b) Construction authorized under this exemption shall be located landward of the 955 ordinary high water mark. 956 (2) Single - Family residence bulkheads, which includes those structural and nonstructural 957 developments installed at or near, and parallel to, the ordinary high water mark for the sole 958 purpose of protecting the single-family residence and appurtenant structures from loss or 959 damage by erosion. 960 a) Normal protective bulkheads are not exempt if constructed for the purpose of creating 961 dry land. 962 b) The Administrative Official or designee shall consider bioengineering options prior to 1 963 exemption of (b) & (c) below. 964 ' c) When repairing an existing bulkhead by construction of a vertical wall it shall be 965 constructed no further waterward of the existing bulkhead. 966 d) Bioengineered erosion control projects may be considered a bulkhead when the 967 project has been approved by the Department of Fish and Wildlife; 968 (3) Normal maintenance or repair of existing structures or development, including damage 969 by accident, fire, or elements are exempt, but may require a building permit. (See § 970 15.27.273 Normal Repair). 1 971 a) Except where repair involves total replacement or causes substantial adverse effects 972 to the environment. - 973 b) Replacement of non- confonning uses or facilities may also be subject to Ch. 15.19 974 Non - conforming Uses and Facilities; 975 (4) Emergency construction for protecting property from damage by the elements. 976 The following criteria must exist to qualify any action under an emergency provision: 977 a) There must be an immediate threat to life, public or private property, or the 978 environment arising from a natural condition or technical incident. 979 b) The emergency response must be confined to the action necessary to protect 980 life or property from damage. 981 c) The scope of the emergency response must be limited to the work necessary to 982 relieve the immediate threat. 983 d) The emergency response applies only to the period of time when the actual 984 emergency exists. 985 e) The request must be accompanied by a permit application or for an emergency I 986 exemption. Submittal requirements may be waived until after the emergency is DOC. 1 INDEX 2/1/2008 24 I Ci ty of Yakima 15.27 CAO • I 987 deemed abated, and at that time the property owner shall submit an emergency 988 mitigation summary to the City of Yakima; I 989 (5) Construction of a dock for the use of a single - family or multiple- family residence; 990 (6) The construction of canals, waterways, drains, reservoirs, or other manmade facilities 991 as a part of an irrigation system; 992 (7) Any project with certification from the governor pursuant to RCW 80.50 (Energy 993 facilities — site locations); 994 (8) Watershed restoration projects pursuant to RCW 89.08.460; 1 995 (9) Site exploration and investigation activities required for a development permit 996 provided that: 997 a) The activity will have no significant adverse impact on the environment, I 998 b) The activity does not involve the installation of any structure, and 999 c) Upon completion of the activity, the vegetation and land configuration of the site are I 1000 restored to conditions as they existed prior to the activity; 1001 (10) The process of removing or controlling aquatic noxious weeds, as defined in RCW 1002 17.26.020 (control of spartina and purple loosestrife), through the use of an herbicide or 1003 other treatment methods applicable to weed control that are recommended by a final I 1004 environmental impact statement published by the Department of Agriculture or the - 1005 Department of Ecology jointly with other state agencies under chapter 43.21C RCW 1006 (SEPA); I 1007 (11) A public or private project to improve fish or wildlife habitat or fish passage, if: 1008 a) The project has been approved by the Department of Fish and Wildlife; 1009 b) The project has received hydraulic project approval by the Department of Fish and 1010 Wildlife pursuant to chapter 75.20 RCW (Hydraulics Code); . 1011 c) The Administrative Official has determined that the project is consistent with this I 1012 chapter. 1013 d) Fish habitat enhancement projects that conform to the provisions of RCW 1014 77.55.181 (Fish Habitat Enhancement Projects) are deemed consistent with this in 1015 chapter. 1016 (12) Hazardous substance remedial actions pursuant to chapter 70.105D RCW (Model 1017 Toxics Control Act). R. 1018 (13) The removal of trees, which are hazardous, posing a threat to public safety, or pose an 1019 imminent risk of damage to private or public property, from critical areas and their buffers. 1020 ▪ 1021 15.27.306 Documented Exemptions for Geologically Hazardous Areas Development ▪ 1022 Authorizations 1023 The following development activities are exempt from standard development permits that are a 1024 required for Geologically Hazardous Areas: . 1025 (1) Additions to or alteration of existing single - family residences. 1026 (2) Uses and surface disturbances (clearing and grubbing) that do not include excavation, fill I 1027 or irrigation; IN 1028 (3) Structures less than one hundred and twenty (120) square feet; and 1029 (4) Oil, gas, wind or other exploration that does not include explosions, road construction, 1 1030 excavation, or fill. 1031 1 032 15.27.307 Mitigation requirements 1 DOC. INDEX I 2/1/2008 ( 25 City of Yakima 15.27 CAO 1 1033 (1) All mitigation shall be sufficient to maintain the functions and values of the critical area. 1034 (2) All development shall demonstrate that reasonable efforts have been examined to avoid and _ 1035 minimize impacts to critical areas; and 1 1036 (3) When an alteration to a critical area is proposed, it shall be avoided, minimized, or 1037 mitigated for in the following order of preference: 1038 (a) Avoiding the impact; 1039 (b) Minimizing impacts by limiting the degree or magnitude of the action, by using 1040 appropriate technology. (i.e. project redesign, relocation or timing, to avoid or 1041 reduce impacts); II 1042 (c) Rectifying the impact by repairing, rehabilitating or restoring the affected 1043 environment as appropriate; 1044 (d) Reducing or eliminating the impact by preservation and maintenance operations; 1045 (e) Compensating for the impact by replacing or providing substitute resources or 1046 environments; or 1047 (f) Monitoring the impact and taking appropriate corrective measures. 1048 (4) If an alteration to a critical area is unavoidable, all adverse impacts to that critical area 1049 and its buffers shall be mitigated for in accordance with an approved Mitigation Plan and 1050 ' mitigation for wetland impacts shall be mitigated in accordance with the Washington I 1051 State Department of Ecology Wetland Mitigation in Washington State, Parts 1 and 2 1052 (March 2006 or as updated). 1053 (5) Mitigation shall be in -kind and on -site, whenever possible, and may be out -of -kind and /or I 1054 off -site when deemed appropriate by the Administrative Official or designee. 1055 - ' Review., Process 1056 15.27.308 Application Submittal 1057 (a) Applications for development authorizations under this chapter shall be made on forms 1058 provided by the Department. Application submittals shall include a site plan drawn to an 1059 engineering scale of 1:20 showing: 1060 i) Dimensions of all sides of the parcel, 1061 ii) Size and location of existing and proposed structures, 1062 iii) Excavation, fill, drainage facilities, impervious surfaces, topography, slope; and, 1063 iv) Other information as needed to determine the nature and scope of the proposed 1064 development; and i 1065 v) Location of all critical areas such as those identified in .§ 15.27.314 for Critical Area 1066 Report Requirements. 1067 (b) The submittal shall also include all required critical areas reports prepared in conformance 1068 with §§ 15.27.314 & 315. 1069 (c) To be complete, a critical area development authorization application must include all maps, 1070 drawings and other information or data specified by this chapter or requested on the basis of the 1071 pre- application conference (§ 15.27.302). 1072 1073 15.27.309 Determination of Review Process 1 1074 a) The Administrative Official or designee shall determine from the application submittal. 1075 and other available information what type of permit and /or review will be required under 1076 this chapter. 1 1077 b) Specific information of permit type, review and process can be found in 1078 subsequent sections of Part Three of this chapter. However, a description of each )Q�,. 1 2/1/2008 INDEX 26 # C —1 Ci ty of Yakima 15.27 CAO I 1079 type of permit or review is provided in Table 3 -1 below. More than one (1) 1080 permit or review may be needed for a project dependant upon project complexity. I 1081 Table 3 -1 General Permits or Reviews Standard Development. Standard development projects include any development not subject to 1 RCW Ch. 90.58, the Shoreline Management Act. Documented Exemptions. Documented Exemptions are described as minor activities that do not need to go through a peiniit process. Exemptions from this chapter may be found in the following § §: 15.27.305 - 306 and 15.27.403. Specific Permits Adjustment. An Administrative Adjustment is used outside Shoreline jurisdiction when a project 1 requires a reduction or adjustment to a development standard. Non - conforming Use or Facility Alteration. A Non - conforming Use or Facility Alteration is necessary when an existing use that currently does not conform to this chapter is to be altered. 1 ' Minor revisions to an Existing Permit. A Minor Revision to an Existing Permit allows a simplified review of certain changes to a project that has previously received a permit. Reasonable Use Exception. A Reasonable Use Exception provides an alternative to landowners when all reasonable use of a property has been prohibited. Flood Hazard Permit. A Flood Hazard Permit is required for activities within floodplains. It ' may include many of the specific permit types noted above, which are described in Part Four §§ 15.27.400 - 436. It is focused mainly on construction methods, but may include site design to minimize impacts to adjacent properties or resources, or to locate the proposed development in areas where depth and velocity of floodwaters during the base flood do not exceed the current standards for construction of human occupied structures or safe access. 1082 1083 I 1084 15.27.310 Development Authorization — Review Procedure 1085 Upon submittal and acceptance of a completed development authorization application, the 1 1086 Administrative Official or designee shall process and review the application as follows. Except: 1087 Permits or reviews under Part Four shall follow the development regulations and procedures of 1088 §§15.27.400 — 436. j 1089 1090 (1) Development authorizations shall be processed in accordance with Ch. 15.29 Notice 1091 Procedures and with specific requirements provided in §§ 15.27.316 - 320, including but 1092 not limited to: 1093 a. submittals; 1094. b. completeness review; I 1095 c. notices: 1096 d. hearings; 1097 e. decisions; and, 1 1098 f. appeals. 1099 1 100 (2) Development authorizations shall be reviewed in conformance with the applicable 1 1101 development standards of §15.27.321 and with Parts Five — Eight. 1102 1 z,iizoos 1ND.X 27 1 # � City of Yakima 15.27 CAO I 1103 (3) Decisions on a development authorization shall be consistent with §§ 15.27.311 i 1104 Authorization Decision — Basis for Action, 15.27.312 Conditional Approval of 1105 Development Authorizations, and with any specific decision criteria provided under the 11 1 106 section for each relevant permit type, as provided in §§ 15.27.316 - 321 (Pennit Review 1107 Criteria). 1108 11 1109 15.27.311 Authorization Decisions — Basis for Action 1 1 10 The action on any development authorization under this chapter shall be based upon the 1111 following criteria: 1112 (1) Impact of the project to critical area features on and abutting the property; 1113 (2) Danger to life or property that would likely occur as a result of the project; 1114 (3) Compatibility of the project with the critical area features; 1115 (4) Conformance with applicable development standards; 1116 (5) Compliance with flood hazard mitigation requirements of §§ 15.27.400 - 436; 1117 (6) Adequacy of the information provided by the applicant or available to the Department; 1118 (7) Based upon the project evaluation, the Administrative Official shall take one (1) of the 1 1 19 following actions: 1 120 a) Grant the development authorization; or, 1121 b) Grant the development authorization with conditions, as provided in § 15.27.312 1122 (Conditional Approval), to mitigate impacts to the critical area feature(s); or, 1123 c) Deny the development authorization. 1124 (8) The decision by the Administrative Official or designee shall include written findings 1125 and conclusions. 1126 I 1127 15.27.312 Conditional Approval of Development Authorization 1128 In granting any development authorization, the Administrative Official or designee may impose 1129 conditions to: 1130 (1) Accomplish the purpose and intent of this chapter; 1 131 (2) Eliminate or mitigate any identified negative impacts of the project; 1 132 (3) Protect critical areas from damaging and incompatible development. 1133 1134 15.27.313 Fees and Charges 1135 The Yakima City Council shall establish the schedule of fees and charges listed in Yakima 1136 Municipal Code, Title 15 (City of Yakima Fee Schedule), for development authorizations, 1137 variances, appeals and other matters pertaining to this chapter. 1138 1139 Criical Ares Reports 1140 15.27.314 Critical Areas Report Requirements 1141 (1) The Administrative Official or designee may require a critical areas report, paid for by 1142 the applicant, when it is determined necessary. 1143 (2) A qualified professional shall prepare the report consistent with Best Available Science. 1 144 The intent of these provisions is to require a reasonable level of technical study and 1145 analysis sufficient to protect critical areas. The analysis shall be appropriate to the value 1146 or sensitivity of a particular critical area and relative to the scale and potential impacts of 1147 the proposed activity. 1148 (3) The critical area report shall: L_ 1 INDEX 2,1/2008 # 28 1 1 City of Yakima 15.27 CAO 1 1149 a) Demonstrate the proposal is consistent with the purposes and standards of this 1 150 chapter; I 11 "51 b) Describe all potential risks to critical areas, and assess impacts on the critical area 1 152 from the activities and uses proposed; and, 1153 c) Identify mitigation and protective measures. 1 1 154 (4) The critical areas report shall include information addressing the supplemental report 1155 requirements (See § 15.27.315). 1156 (5) The Administrative Official or designee shall review the critical areas report for 1 1 157 completeness and accuracy and shall consider the recommendations and conclusions to 1158 assist in making decisions on development authorizations, appropriate mitigation, and 1159 protective measures. I 1160 (6) Critical areas reports shall be valid for a period of five (5) years, unless it can be 1 161 demonstrated that a previous report is adequate for current analysis. Reports prepared for 1 162 adjacent properties may be utilized for current analysis only when it can be shown I 1 163 through a supplemental report or site investigation that conditions on site are unchanged. 1164 (7) The Administrative Official or designee may require the preparation of a new critical area 1 165 assessment or a supplemental report if the initial assessment is in error. 1166 (8) The Administrative Official or designee may reject or request revision of the critical 1 167 areas report when it can be demonstrated that the assessment is inaccurate, incomplete or 1168 does not fully address the critical areas impacts involved. I 1169 (9) Applicants shall provide reports and maps to the City in both electronic and paper 1170 formats. In addition, all critical area delineations / maps shall be provided to the City by I 1171 means of a GPS projected coordinate system data set, such as, NAD 27 or NAD 83. The 1172 City may waive this requirement for family developments. Applicants are 1173 encouraged to coordinate with the Administrative Official or designee regarding 1 ] 174 electronic submittal guidelines. 1 175 (10) At a minimum, a critical areas report shall include the following information: 1176 a) A site plan showing the proposed development footprint and clearing limits, and all 1177 relevant critical areas and buffers; ▪ 1178 b) A written summary of the critical areas, including their size, type, classification or 1179 rating, condition, disturbance history, and functions and values. For projects on or I 1180 adjacent to geologically hazardous areas or areas subject to high floodwater depth or 1181 velocity the description shall identity the type and characteristics of the hazard; 1182 c) An analysis of potential adverse impacts and how they will be mitigated or avoided. 1183 Geological hazardous areas are additionally required to assess the risks posed by the ▪ 1 184 development to critical areas, public and private properties, and both associated and 1 185 unassociated near by facilities and uses; 1 1186 d) When impacts cannot be avoided, the report shall include a plan describing mitigation III 1187 to replace critical area functions and values. For projects on or adjacent to 1188 geologically hazardous areas or areas subject to high floodwater depth or velocity the 1 1189 mitigation shall additionally address the site, and other public and private properties, 1190 and both associated and unassociated near by facilities and uses potentially affected; 1191 e) The dates, names, and qualifications of the persons preparing the report and 1 1 192 documentation of analysis methods including any fieldwork performed on the site; 1193 and 1 DC)..,. INDEX 1 2/1/2008 # i`" ! 29 City of Yakima 15.27 CAO 1 1194 f) Additional reasonable information requested by the Administrative Official or I 1 195 designee. 1 196 (11) A critical area report may be supplemented by or composed, in whole or in part, of any 1 1 197 reports or studies required by other laws and regulations or previously prepared for and 1 198 applicable to the development proposal site. 1199 (12) The Administrative Official or designee may limit the geographic area of the critical area 1 1200 report as appropriate. 1201 (13) Compensatory Mitigation Plans - When compensatory mitigation, as described in § 1202 15.27.307 Mitigation Requirements, are proposed for wetland areas or stream channels, the 1203 applicant shall submit a mitigation plan as part of the critical area report, which includes: 1204 a) A written report identifying environmental goals and objectives of the proposed 1205 compensation including a description of: 1206 i. The anticipated impacts to the critical areas; 1207 ii. The mitigating actions proposed; 1208 iii. The purpose of the compensation measures, including site selection 1209 criteria; 1210 iv. The compensation goals and objectives; 1211 v. The desired resource functions; 1212 vi. Construction activities start and completion dates; and 1213 vii. Analysis of anticipated success of the compensation project. i 1214 b) A review of the best available science supporting the proposed mitigation; 1215 c) A description of the report and the author's experience to date in restoring or creating the 1216 type of critical area report proposed; and, 1217 d) Performance Standards.— The mitigation plan shall include measurable specific criteria 1218 for evaluating the goals and objectives to ensure the mitigation project has been 1219 successfully attained. 1220 e) Detailed Construction Documents - The mitigation documents shall include written 1221 specifications and plans describing the mitigation proposed, such as: 1222 i.The proposed construction sequence, timing, and duration; 1223 ii.Grading and excavation details; 1224 iii.Erosion and sediment control features; 1225 iv.A planting plan specifying plant species, quantities, locations, size, spacing, and 2 1226 density; 1227 v.Measures to protect and maintain plants until established; and 1228 vi.Documents should include scale drawings showing necessary information to convey 1229 both existing and proposed topographic data, slope, elevations, plants and project 1230 limits. 1231 f) Monitoring Program - The mitigation plan shall include: 1232 i. A program for monitoring both construction of the compensatory project and its 1233 completion and survivability; , 1234 ii.A plan which details how the monitoring data will be evaluated to determine if the 1235 performance standards are being met; 1236 iii.Reports as needed to document milestones, successes, problems, and contingency 1237 actions of the compensation project; and 1238 iv.Monitoring for a period necessary to establish that performance standards have been 1239 met, but not for a period less than five (5) years; 2/1/2008 INDEX 30 1 City of Yakima 15.27 CAO I 1240 g) Contingency Plan - Identification of the potential courses of action, and any corrective 1241 measures to be taken if monitoring or evaluation indicates project performance standards ii 1242 are not being met. 1243 h) Financial Guarantees - A financial guarantee. ensuring fulfillment of the compensation 1244 project, monitoring program, and any contingency measures shall be posted in 1 1245 accordance with § 15.27.321(1) Financial Guarantees. 1246 (14) Innovative Mitigation. 1247 a) Advanced mitigation or mitigation banking are examples of alternative mitigation 1 1248 projects allowed under the provisions of this section. One (1) or more applicants or an 1249 organization with demonstrated capability, may undertake a mitigation project together if 1250 it is demonstrated that all of the following circumstances exist: 1 1251 i.Creation or enhancement of a larger system of critical areas and open space is 1252 preferable to the preservation of many individual habitat areas; 1253 ii.The applicant demonstrates the organizational and fiscal capability to act 1 1254 cooperatively; 1255 iii.The applicant demonstrates that long -term management of the habitat area will be 1256 provided; and 1257 iv. There is a clear potential for success of the proposed mitigation at the identified site. 1258 v.There is a clear likelihood for success of the proposed plan based on supporting 1259 scientific information and demonstrated experience in implementing similar plans; I 1260 vi.The proposed project results in equal or greater protection and conservation of critical 1261 areas than would be achieved using parcel -by- parcel regulations and /or traditional • I 1262 mitigation approaches; 1263 vii.The plan is consistent with the general purpose and intent of this section; 1264 viii.The plan shall contain relevant management strategies which are within the scope of I 1265 this section; and 1266 ix.The plan shall contain clear and measurable standards for achieving compliance with 1267 the purposes of this section, a description of how such standards will be monitored 1268 and measured over the life of the plan, and a fully funded contingency plan if any 1269 element of the plan does not meet standards for compliance. 1270 b) Conducting mitigation as part of a cooperative process does not reduce or eliminate the I 1271 required wetland replacement ratios. 1272 c) Projects that propose compensatory wetland mitigation shall also use the standards in § 1273 15.27.604 Compensatory Mitigation Requirements. For those situations where a • 1274 mitigation bank may provide an opportunity for mitigation, then the requirements in § ig 1275 15.27.605 Wetland Mitigation Banks shall apply. . 1276 1 1277 15.27.315 Supplemental Report Requirements for Specific Critical Areas 1278 1) Stream Corridors: When a critical areas report is required for a stream corridor or 1279 hydrologically related critical area, it shall include the following: I 1280 a) A habitat and native vegetation conservation strategy that addresses methods to protect 1281 the functional properties listed in § 15.27.504 Functional Properties. 1282 b) Where proposed construction lies within an immediate zone of potential channel 1 1283 migration, a hydrologic analysis report may be required. The report shall assume the 1284 conditions of the one - hundred -year flood, include on -site investigative findings, and 1285 consider historical meander characteristics in addition to other pertinent facts and data. 1 1 2/1/2008 31 1 City of Yakima 15.27 CAO 1286 2) Wetlands When a critical areas report is required for Wetlands, it shall include the p q , 1287 following: 1288 a) The exact location of a wetland's boundary and wetland rating as determined through 1 1289 the performance of a field investigation by a qualified wetland professional applying the 1290 Washington State Wetland Identification and Delineation Manual (Ecology Publication 1291 #96 -94) as required by RCW 36.70A.175 and the Washington State Wetland Rating I 1292 System for Eastern Washington. 1293 b) All delineated wetlands and required buffers within two hundred (200) feet of the 1294 project area shall be shown on the site plan. Available information should include, but • I 1295 • not be limited to aerial photos, land based photos, soils maps, or topographic maps; 1296 c) An analysis of the wetlands including the following site related information: 1297 i. A statement specifying the accuracy of the report and all assumptions made and 1 1298 relied upon; 1299 ii. Documentation of fieldwork performed on the site, including field data sheets for 1300 delineations, wetland rating forms, baseline hydrologic data, etc.; 1301 iii. A description of the methodologies used to conduct the wetland delineations, or 1302 impact analyses including references; 1303 • iv. Wetland category, including vegetative, faunal, and hydrologic characteristics. 1 1304 d) For projects that will affect the wetland or buffer, provide the following: 1305 i. A habitat and native vegetation conservation strategy that addresses methods to 1306 protect or enhance on -site habitat and wetland functions and values listed in § 1307 15.27.603(1) Wetland Functions and Rating, and § 15.27.504 Functional Properties; 1308 ii. Mitigation sequencing, pursuant to § 15.27.307 Mitigation Requirements to avoid, 1309 minimize, and mitigate impacts shall result in "not net loss" of acreage or functional 1310 values of wetlands and shall follow the guidance provided in § 15.27.604 1311 Compensatory Mitigation. 1312 3) Geologically Hazardous Areas When a critical areas report is required for a Geologically 1313 Hazardous Area, it shall include the following: 1314 i. A description of the site features, including surface and subsurface geology. 1315 ii. A description of the geologic processes and hazards affecting the property, including 1316 a determination of the actual hazard types for any Suspected and Risk Unknown 1317 hazards identified in the affirmative determination of hazard; I 1318 iii. A description of the vulnerability of the site to seismic and other geologic processes 1319 and hazards; . 1320. iv. A description of any potential hazards that could be created or exacerbated as a result 1321 of site development; 1322 v. For developments in or affecting landslide hazard areas the report shall also include: 1323 (1) Assessments and conclusions regarding slope stability including the potential 1324 types of landslide failure mechanisms (e.g., debris flow, rotational slump, 1325 translational slip, etc.) that may affect the site. The stability evaluation shall 1326 also consider dynamic earthquake loading and shall use a minimum horizontal 1 1327 acceleration as established by the current version of the YMC Title 11 . 1328 (Building Code); 1329 (2) An analysis of slope recession rate shall be presented in those cases where 1 1330 stability is impacted by stream meandering or other forces acting on the toe of 1331 the slope; DOC. 1 INDEX 2/1/2008 3 • 2 # G — I City of Yakima 15.27 CAO 0 1332 (3) Description of the run -out hazard of landslide debris to the proposed 1333 development that starts up -slope and /or the impacts of landslide run -out on 111 1334 down -slope properties and critical areas. 1335 4) Flood Hazards 1336 a) Prior to.authorization of any construction within a floodplain, which can be 0 1337 anticipated to displace floodwaters or alter the depth or velocity of floodwaters 1338 during the base flood, an engineering report shall be prepared by a licensed 1339 engineer in the State of Washington that establishes any new flood elevations that I 1340 would result for the one - hundred -year flood frequency if the project were 1341 implemented. 1342 II 1343 1344 Permit Review Criteria 1345 15.27.316 Standard Development Permit 1346 1) Classification Criteria — Standard Development permits include any development not 1347 subject to'RCW Ch. 90.58 (Shoreline Management Act). 1348 2) Process - Standard Development permits shall be processed as either a Level (1) or Level 0 1349 (2) Review; and applications that are of a significant size or scope may be processed as a 1350 Level (2) or (3) Review at the judgment of the Administrative Official or designee. 1351 Examples of such projects include those that typically require environmental review 0 1352 (SEPA), filling or excavating a stream channel or wetlands, involve large amounts of fill, 1353 require large amounts of parking, etc. I 1354 3) Decision Criteria — Decisions on Standard Development permits shall be based on the 1355 general decision criteria found in § 15.27.311 Authorization Decisions — Basis for 1356 Action. 1 1357 1358 15.27.317. Adjustment 1359 1) Classification Criteria — For projects not required to be processed under RCW Ch. 90.58 1 1360 (Shoreline Management Act), the Administrative Official or designee is authorized to 1361 administratively adjust the development standards. Existing structures, parcel size, property 1362 boundaries, and other constraints may preclude conformance with building setbacks and 1363 vegetative buffers: Given such constraints, administrative adjustments may be authorized 1364 where the site plan and project design include measures to ensure the protection and 1365 , performance of the functional properties identified in § 15.27.504 Functional Properties. 1 1366 Adjustments of vegetative buffer standards listed in Table 6 -1 and 6 -2 may be reduced to the 1367 minimum buffer width listed. Reductions below the minimum may be considered but require 1368 stricter criteria be met in subsection 3(d) below. Adjustments to prohibited use limits are not 1 1369 allowed. 1370 2) Process — Requests for an Adjustment permit shall be processed as a Level (2) Review. 1371 Requests for adjustments of development standards shall be made in writing and shall 1372 specify the standard(s) that an adjustment is sought for, along with the reasons why the • 1373 adjustment is sought. 1374 3) Decision Criteria - Decisions on Adjustment permits shall be based on the general decision 1375 criteria found in § 15.27.311 Authorization Decisions — Basis for Action together with the is 1376 criteria below. DOC. z ir _oos INDE 33 1 C - , -I City of Yakima 15.27 CAO 1 1377 a) A particular standard maybe reduced or modified as long as the Administrative I 1 378 Official determines that the adjustment and /or reduction: 1379 i. Is consistent with the purpose of this chapter, 1 1380 ii. Is consistent with the intent of the standard; and, 1381 iii. Will not result in degradation of the critical area. 1382 b) The Administrative Official or designee shall consider the following: 1 1383 i. The proximity and relationship of the project to any critical area and its potential 1384 impacts; 1385 ii. The functions and values that the critical area performs; 1386 iii. The overall intensity of the proposed use; 1387 iv. The presence of threatened, endangered, or sensitive species; 1388 v. The site's susceptibility to severe erosion; and II 1389 vi. The use of buffer averaging or buffer enhancement plans by the applicant using 1390 native vegetation or other measures to enhance the functions and values of the 1391 Hydrologically Related Critical Area (HRCA). 1392 c) When granting an adjustment, the Administrative Official or designee may require, but is 1393 not limited to the following alternative measures to protect the functions and values of the 1394 HRCA: 1395 (i) Restoration of impaired channels and banks to conditions which support 1396 natural stream flows, fish habitat, and other values; 1397 (ii) Restoration, enhancement, and preservation of soil characteristics and the 1 1398 quantity and variety of native vegetation; 1399 (iii) Provisions for erosion control and the reduction and filtration of 1400 stormwater runoff on the stream channel and buffer; II 1401 (iv) Removal or alteration of existing manmade facilities associated with 1402 stream channels, or drainage ways, which improve stream -flow or exchange of 1403 surface waters. 1404 (v) Replacement of lost stream corridor features on an acre - for -acre basis and 1405 replacement of lost wetlands in accordance with guidance provided in the 1406 Washington State Department of Ecology's Wetland Mitigation in Washington 1407 State, Parts 1 and 2 (March 2006 or as updated; 1408 (vi) Conservation easements for key portions of stream corridor property 1409 and /or their inclusion within public or private conservation programs; or 1410 (vii) Vegetative buffer averaging may be modified by averaging buffer widths. 1411 _ Buffer averaging is preferred in the use of mitigation sequencing (§ 15.27.307 1412 Mitigation Requirements) over a reduction in the buffer standards. 1413 d) The following additional criteria must be met to reduce the critical areas stream and 1414 wetland buffers found in Tables 5 -1 and 5 -2 below the minimum listed in the respective 1415 tables. 1416 i. There is a hardship related to maintenance of the minimum buffer width that 1417 results from parcel, boundaries or existing on -site development. 1 1418 ii. When warranted under (a) above the buffer width shall be the maximum possible 1419 while meeting the minimum need of the proposal. 1420 iii. The applicant shall prepare a mitigation plan, which addresses the decrease of 1 1421 wetland or stream function due to the decrease in buffer size. 1422 I DOC. 2/1 _ INDEX 34 1 City of Yakima 15.27 CAO 1 1423 15.27.318 Reasonable Use Exception 1424 1) Classification Criteria - If the application of this chapter would deny all reasonable I 1425 economic use of the subject property, the property owner may apply for a Reasonable Use 1426 Exception. 1427 2) Process - A Reasonable Use Exception shall be processed as a Level (3) Review with a 1 1428 public hearing. 1429 3) Decision Criteria - The Reasonable Use request shall be accompanied by conformance 1430 criteria. Failure to satisfy any one of the criteria shall result in denial of the request and the 1 1431 burden of proof shall be on the applicant. Decisions on a Reasonable Use request shall be 1432 based on the general decision criteria found in § 15.27.311 Authorization Decisions — Basis for 1433 Action, together with the criteria below. 1 1434 i. The application of this chapter would deny all reasonable use of the property; 1435 provided that the inability of the applicant to derive reasonable use of the property is 1436 not the result of actions by the applicant; I 1437 ii. No other reasonable use of the property has impact on the critical area; 1438 iii. Any alteration is the minimum necessary to allow for reasonable use of the property. 1439 1 1440 15.27.319 . Minor Revisions to Approved Uses or Development 1441 1) Classification Criteria — Minor revisions as described in & 15.27.266 to a project that I 1442 has been previously approved under a critical area permit are allowed under the following 1443 circumstances: 1444 a. Changes that are not substantive are not required to obtain a revision and may be 1445 allowed. 1 1446 b. Substantive changes are those that materially alter the project in a manner that 1447 relates to its conformance with the permit requirements. Such changes may be I 1448 approved as a minor revision, if the Administrative Official or designee 1449 determines that the proposed revision is within the scope and intent of the original 1450 permit, and meets the criteria listed below. Failure to meet the criteria below will 1 1451 require a new permit. 1452 i. Lot coverage and height may be increased by a maximum of ten (10 %) 1453 percent from the provisions of the original permit, provided that: I 1454 a. Revisions involving new structures not shown on the original site plan 1455 shall require a new permit; and, 1456 b. Any revisions authorized under this subsection shall not exceed height, 1 1457 lot coverage, setback, or any other requirements of this chapter. 1458 ii.Landscaping may be added without an application for a new permit provided 1459 that it is consistent with conditions of the original permit; II 1 1460 iii.The use authorized pursuant to the original permit has not changed; 1461 iv.No additional significant adverse environmental impacts will be caused by the 1462 project revision. 1 1463 2) Process — Minor revisions to existing permits shall be processed under Class (1) Review 1464 procedures. 1465 3) Decision Criteria - Decisions on permit revisions shall be based on the general decision 1 1466 criteria found in § 15.27.311 Authorization Decisions — Basis for Action. 1467 1468 15.27.320 Non - Conforming Uses and Facilities 1 Dec. 2/I /2008 INDEX 35 • City of Yakima 15.27 CAO 1 1469 Non - Conforming Uses and Facilities are classified as either Conforming Uses with Non- I 1470 Confoliuing Structures or Areas, or as Non - conforming Uses. Both of which have different 1471 review processes and decision criteria, as provided for in Ch. 15.19 of the Yakima Municipal 1 1472 Code. 1473 . 1474 15.27.321 General Critical Areas Protective Measures 1 1475 The standards below apply to all permits and reviews performed under this chapter. 1476 1) Financial guarantees to ensure mitigation, maintenance, and monitoring. 1477 a) When required mitigation pursuant to a development proposal is not completed prior 1 1478 to the City of Yakima's final permit approval, the Administrative Official, or designee 1479 may require the applicant to post a financial guarantee to ensure that the work will be 1480 completed. 1481 b) If a development proposal is subject to compensatory mitigation, the applicant must 1482 post a financial guarantee to ensure mitigation is fully functional. 1483 c) All financial guarantees shall be in the amount of one hundred and twenty -five percent i 1484 (125 %) of the estimated cost of the uncompleted actions and /or the estimated cost of 1485 restoring the functions and values of the critical area that are at risk. 1486 d) The financial guarantee may be in the form of a surety bond, performance bond, 1487 assignment of savings account, irrevocable letter of credit guaranteed by an acceptable ii 1488 financial institution, or other form acceptable to the Administrative Official or 1489 designee, with terms and conditions acceptable to the City of Yakima attorney. 1490 e) The financial guarantee shall remain in effect until the Administrative Official or 1491 designee determines that the standards bonded for have been met. Financial 1492 guarantees for wetland or stream compensatory mitigation shall be held for a 1493 minimum of five (5) years after completion of the work to ensure that the required 1494 mitigation has been fully implemented and demonstrated to function. 1495 f) If public funds have previously been committed for mitigation, maintenance, 111 1496 monitoring, or restoration a financial guarantee will not be required. 1497 g) Failure to satisfy critical area requirements shall constitute a default, and the 1498 Administrative Official and his or her designee may demand payment of any financial 1499 guarantee. 1500 h) Any funds recovered pursuant to this section shall be used to complete the required 1501 mitigation. Such funds shall be deposited in a separate account. The City of Yakima 1502 will use such funds to arrange for completion of the project or mitigation, and follow - 1503 up corrective actions. 1504 i) Depletion, failure, or collection of financial guarantees shall not discharge the 1505 obligation of an applicant or violator to complete required mitigation, maintenance, 1506 monitoring, or restoration. 1507 2) Subdivision Standards - The following standards apply to all permits or reviews under the 1508 Subdivision Ordinance (Title 14) that contain critical areas: 1509 a. All subdivisions that contain critical areas shall be eligible for density bonuses or 1510 other development incentives, as provided in the Subdivision Ordinance (Title 14) 1511 and Zoning Ordinances (Titles 15); 1512 b. Critical areas shall be actively protected through the following: 1513 i. Roads and utilities for the subdivision shall avoid critical areas and their 1514 buffers, as much as possible; DOC. 1 INDEX 36 2/1/2008 City of Yakima 15.27 CAO 1 1515 ii. When Geologically Hazardous Areas (excluding Erosion, Over steepened 1516 Slopes of Intermediate Risk, Stream Undercutting, and Earthquake hazards), I 1517 FEMA Floodway, Channel Migration Zone (CMZ), Streams, Wetlands and /or 1518 Vegetative Buffers fall within the boundary of a subdivision; 1519 1. Said critical areas may be protected by placing them entirely within a 1520 separate critical area tract or by including them entirely within one of the 1521 developable parcels. Other options, such as conservation easements and 1522 building envelopes may be deemed appropriate by the Administrative 1523 Official as meeting this provision when special circumstances obstruct I 1524 the viability of this provision: • 1525 2. For those new lots that do contain said critical areas, useable building 1 1526 envelopes (5,000 square feet or more for residential uses) shall be 1527 provided on the plat that lies outside said critical areas. 1528 iii. New lots partially within the floodplain shall provide a usable building 1 1529 envelope (5,000 square feet or more for residential uses) outside the 1530 floodplain. 1531 iv. New lots entirely within the floodplain shall be at least one (1) acre in area; I 1532 v. For new lots containing streams, wetlands, and /or vegetative buffers, outdoor 1533 use envelopes shall be provided on the plat that lies outside said critical areas; 1534 vi. Degraded vegetative buffers shall be restored, or provided with protection I 1535 measures that will allow them to recover; 1536 vii. Floodplains and critical areas shall be depicted on preliminary subdivision 1537 plats and relevant information about them disclosed on the final plat. I 1538 viii. Lots or parcels that lie entirely within a Geologically Hazardous Areas 1539 (excluding Erosion, Over Steepened Slopes of Intermediate Risk, Stream • I 1540 Undercutting, and Earthquake hazards), FEMA Floodway, Channel Migration 1541 Zone (CMZ), Stream, Wetland, and /or Vegetative Buffers may not be further 1542 divided. 1 1 1 1 • 1 1 DOC . INDEX C� I City of Yakima 15.27 CAO 1543 CHAPTER 15.27 I 1544 PART FOUR . 1545 FLOOD HAZARD AREAS 1546 1547 1548 Sections Defined: 1 1549 FLOOD HAZARD AREAS — GENERAL PROVISIONS 1550 15.27.400 Flood Hazard Areas Established 1551 15.27.401 Principles 1 1552 15.27.402 Applicability 1553. 15.27.403 Documented Exemptions 1554 .15.27.404 Interpretations I 1555 15.27.405 Compliance 1556 15.27.406 Warning and Disclaimer of Liability 1557 FLOOD HAZARD. PROTECTION STANDARDS 1558 15.27.407 General Standards 1559 15.27.408 Specific Standards 1560 FLOODWAY; FRINGE USES 1561 15.27.409 Floodway Fringe Permitted Uses 1562 15.27.410 Floodway Fringe Prohibited Uses 1563 FLOODWAYUSES 1564 15.27.411 Floodway Permitted Uses 1565 15.27.412 Floodway Prohibited Uses 1566 15.27.413 Floodway Non - Conforming Uses and Facilities 1567 FLOOD HAZARD'= PROTECTION ADMINISTRATION 1568 15.27.414 Administration . 1569 15.27.415 Authority 1 1570 15.27.416 Permit — Required 1571 15.27.417 Permit — Application 1572 15.27.418 Permit — Review 1573 15.27.419 Use of Available Data • 1574 15.27.420 Limitations 1575 '15.27.421 Permit — Expiration & Cancellation 1576 15.27.422 Performance bonds 1577 15.27.423 Appeals 1578 15.27.424 Coordination 1579 , . ELEVATION AND FLOODPROOFING.:CERTIFICATION 1580 15.27.425 Applicability 1581 15.27.426 Certification.Form 1582 15.27.427 Information to be obtained and maintained 1583 15.27.428 Certification Responsibility 1584 FLOOD HAZARD VARIANCES 1585 15.27.429 Procedure 1586 15.27.430 Variance limitations 1587 15.27.431 Conditions for Authorization 1588 15.27.432 Administrative Official's Decision DOC. 1 INDEX 2/1/2008 1 City of Yakima 15.27 CAO 1 1589 15.27.433 Notification and Final Decision 1590 15.27.434 Power to Refer Decisions 1591 15.27.435 Appeals • 1592 15.27.436 Federal Flood Hazard Map Correction Procedures 1593 I • 1594 1595 FLOOD HAZARD AREAS — GENERAL PROVISIONS 1596 I 1597 15.27.400 Flood Hazard Areas Established 1598 The special flood hazard areas identified by the Federal Emergency Management Agency 1599 (FEMA), accompanying Flood Insurance Rate Maps (FIRMs), Flood Boundary, and Floodway 1 1600 Maps, and any amendments thereto made by the Federal Emergency Management Agency, 1601 which, are adopted by reference and declared to be part of Part Four of the City of Yakima's 1602 Critical Areas Ordinance and are established as flood hazard areas. The Flood Insurance Study 1603 and maps are on file at Yakima City Hall, Yakima, Washington. 1604 1605 15.27.401 Principles I 1606 (a) This Part Four recognizes the right and need of the river channel to periodically carry more 1607 than the normal flow of water and establishes regulations to minimize loss of life and property, 1608 restrict uses and regulate structures consistent with the degree of flood hazard. I 1609 (b) In advancing the above principals, the intent of Part Four is: 1610 (1) To alert the county assessor, appraisers, owners, potential buyers and lessees to the I 1611 natural limitations of flood -prone land; 1612 (2) To meet the minimum requirements of the National Flood Insurance program; and • 1613 (3) To implement state and federal flood protection programs. 1614 I 1615 15.27.402 Applicability 1616 The guidelines and regulations set forth herein, Title.11 YMC, and related Building Codes shall I 1617 apply to all special flood hazard areas. 1618 (1) The provisions of Part Four of this chapter shall apply to any development proposed 1619 _ in a special flood hazard area, ▪ 1620 (2) Flood hazard permits shall be approved by the City of Yakima. Approval shall only II 1621 be granted in accordance with Part Four of this chapter and other applicable local, state, and 1622 federal regulations. ▪ 1623 (3) Topographic, engineering and construction information necessary to evaluate the 5 1624 proposed project shall be submitted to the department for approval. 1625 . (4) The granting of a permit for any development or use does not constitute a I 1626 representation, guarantee or warranty of any kind or nature by the City of Yakima, or its 1627 employees, of the practicality or safety of any structure or proposed use, and shall not create 1628 liability upon or cause action against the above mentioned body, or employee, for any 1629 damage that may result. II 1630 1631 1632 1633 1634 DOU, INDEX 2 /I /2008 39 City of Yakima 15.27 CAO 1635 15.27.403 Documented Exemptions 1636 The following uses and activities are exempt from the provisions of Part Four of this chapter: 1637 (1) The alteration or substantial improvement of any structure listed on the National Register 1 1638 of Historic Places or state inventory of historic places; 1639 (2) The installation and maintenance of aboveground utility transmission lines and poles; 1640 (3) Private driveways, fences and other accessory activities and /or uses necessary for 1 1641 agricultural uses which the administrative official determines will not unduly decrease flood 1 642 storage or capacity, significantly restrict floodwaters, create a substantial impoundment of debris 1643 carried by floodwaters, and will resist flotation and collapse; 1644 1645 15.27.404 Interpretations 1646 (a) In the interpretation and application of Part Four of this chapter, the provisions shall be - 1647 considered as minimum requirements; and shall be strictly construed in favor of the policies and 1648 standards herein; and deemed neither to limit nor repeal any other powers granted under state 1649 statute. Its provisions shall be applied in addition to and as a supplement to provisions of the 1650 Yakima Municipal Code Title 11 Buildings, Title 12 Development Standards; Title 14 1651 Subdivisions, and Title 15 Yakima Urban Area Zoning Ordinance. "Sections 15.27.400 through 1652 436" are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed 1653. restrictions. Where these ordinances and other ordinances conflict or overlap, the standard 1654 imposing the more stringent requirement shall prevail. 1655 (b) In an interpretation as to an exact location of the boundaries of the special flood hazard areas 1656 (i.e., conflict between a mapped boundary and actual field conditions), the person contesting the 1657 location of the boundary shall be given a reasonable opportunity to appeal the interpretation. 1658 Such appeals shall be granted consistent with the standards of the National Flood Insurance 1659 Program § 60.6 (See 44 CFR 59, et seq. and IBC 104.1). 1660 1661 15.27.405 Compliance No structure or land shall hereafter be used, constructed, located, 1662 extended, converted, or altered without full compliance with the terms of Part Four of this 1663 chapter and other applicable regulations. 1664 1665 15.27.406 Warning and Disclaimer of Liability The degree of flood protection required 1666 by Part Four of this chapter is considered reasonable for regulatory purposes and is based on 1667 scientific and engineering considerations. Larger floods can and will occur on rare occasions. 1668 Flood heights may be increased by manmade or natural causes. Part Four does not imply that 1669 land outside the area of special flood hazards or permitted uses within such area will not be 1670 subject to flooding or flood damage. 1671 1 1 1 DO 111 !NDD �i2/1/2008 40 1 Ci ty of Yakima 15.27 CAO 1 1672 FLOOD HAZARD PROTECTION STANDARDS 1673 I 1674 15.27.407 General Standards 1675 The following regulations shall apply in all special flood hazard areas pursuant to the IBC, 1676 ASCE -24 and Hud 24 CFR Part 3280: 1677 (1) Anchoring and Construction Techniques. 1678 (2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or 1679 lateral movement, and shall be installed using methods and practices that minimize flood 1 1680 damage.. Anchoring shall meet the specifications set forth below for structures located within 1681 one hundred (100) feet of a floodway or the ordinary high water mark if no floodway has been 1682 established. • 1 1683 (3) All new construction and any improvements or additions to existing floodproofed 1684 structures that would extend beyond the existing floodproofing located within one hundred (100) 1685 feet of the floodway or one hundred (100) feet of the ordinary high water mark if no floodway 1 1686 has been established. 1687 (a) Unless it can be demonstrated that non - zero -rise construction methods will not .1688 impede the movement of floodwater or displace a significant volume of water. 1 1689 (4) Except where otherwise authorized, all new construction and substantial improvements to 1690 existing structures shall require certification by a registered professional engineer, architect or 1 1691 surveyor that the design and construction standards are in accordance with adopted floodproofing 1692 techniques. . 1693 (a) Utilities. 1694 (1) All new and replacement water supply systems and sanitary sewage systems shall be I 1695 designed to minimize or eliminate infiltration of floodwaters into the systems and discharge 1696 from the systems into floodwaters; and on -site waste disposal systems shall be located to I 1697 avoid impairment to them or contamination from them during flooding. 1698 (b) Subdivision Proposals. Subdivision proposals shall: 1699 (1) Be consistent with the need to minimize flood damage; I 1700 (2) Have roadways, public utilities and other facilities such as sewer, gas, electrical, and 1701 water systems located and constructed to minimize flood damage; 1702 (3) Have adequate drainage provided to reduce exposure to flood damage; and - . • 1703 (4) Include base flood elevation data. 1704 (a) In the cases where base flood elevation is not available and the subdivision is greater 1705 then 5 acres or 50 lots a step -back water analysis shall be require to generate the base flood I 1706 elevation data. 1707 (c) Watercourse Alterations. The flood - carrying capacity within altered or relocated portions of 1708 any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a I 1709 watercourse in riverine situations, the . department shall notify adjacent communities, the 1710 Department of Ecology and FEMA of the proposed development. 1711 II 1712 15.27.408 Specific Standards In all special flood hazard areas where base elevation data 1713 has been provided as set forth in § 15.27.400, the following regulations shall apply, in addition to 1714 the General Standards of § 15.27.407: I 1715 (1) Residential Construction. (See. IRC 323.2) 1716 (A) New construction and substantial improvement of any residential structure shall 1717 have the lowest floor, including basement, elevated at a minimum to or above the base flood DOC, INDEX 1 2/1/2008 t G o __ 41 City of Yakima 15.27 CAO 1718 elevation. 1 1719 (B) Fully enclosed areas below the lowest floor that are subject to flooding are 1720 - prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior - I 1721 walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement 1722 must either be certified by a registered professional engineer or architect or must meet or exceed 1723 the following minimum criteria:. 1 1724 (i) A minimum of two (2) openings having a total net area of not less than one 1725 (1) square inch for every square foot of enclosed area subject to flooding shall be 1726 provided. 1 1727 (ii) The bottom of all openings shall be no higher than one (1) foot above grade. 1728 (iii) Openings may be equipped with screens, louvers, or other coverings or devices, 1729 provided that they permit the automatic entry and exit of floodwaters. 1 1730 (C) Residential construction within one hundred (100) feet of a floodway, or the 1731 ordinary high water mark if no floodway has been established, shall also meet the requirements 1732 of § 15.27.407(3). 1 1733 1734 (2) Nonresidential Construction (44 CFR 60.3(c)(3)(4)). New construction and substantial 1735 improvement of any commercial, industrial, or other nonresidential structure shall either have the 1736 lowest floor, including basement, elevated one foot or more above the base flood elevation; or, 1737 together with attendant utility and sanitary facilities, shall: 1738 1) Be floodproofed so that below one foot or more above the base flood level the 1 1739 structure is watertight with walls substantially impermeable to the passage of 1740 water; 1741 2) Have structural components capable of resisting hydrostatic and hydrodynamic 1742 loads and effects of buoyancy; 1743 3) Be certified by a registered professional engineer or architect that the design and 1 1744 methods of construction are in accordance with accepted standards of practice for 1745 meeting provisions of this subsection based on their development and /or review 1746 of the structural design, specifications and plans; 1747 4) Nonresidential structures that are elevated, not floodproofed, must meet the same 1748 standards for space below the lowest floor as described in 15.27.408 (1) (B) 1749 above; 1750 1751 (3) Manufactured Homes. Manufactured homes shall be elevated in accordance with IBC § 1752 501.1 Appendix "G." _ 1753 1754 (4) Recreational Vehicles Recreational vehicles placed on sites are required to either: 1 1755 1) Be on the site for fewer than 180 consecutive days, (or) 1756 2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to 1757 the site only by quick disconnect type utilities and security devices, and have no 1 1758 permanently attached additions; or 1759 3) Meet the anchoring requirements of 15.27.408 (3) above. 1 1760 1761 1 INDEX 2/1/2008 ____..___.._ _____ 42 1 City of Yakima ma 15.27 CAO 1 1762 1763 I 1764 1765 1766 I 1767 1768 FLOODWAY FRINGE USES 1769 1 1770 15.27.409 Permitted Uses The following uses are permitted in the floodway fringe areas: 1771 (1) Any use permitted in the zoning district in accordance with Title 15 of the Yakima 1772 Municipal Code, unless prohibited by § 15.27.410., 1 1773 (2) Utility Transmission Lines. Utility transmission lines shall be permitted when consistent 1774 with Title 15 and where not otherwise inconsistent with Part Four of this chapter; except that 1775 when the primary purpose of such a transmission line is to transfer bulk products or energy 1776 through a floodway fringe or special flood hazard area, such transmission line shall conform to 1777 the following: 1778 (A) Electric transmission lines shall cross floodway fringe and special flood hazard I 1779 areas by the most direct route feasible. When support towers must be located within floodway 1780 fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and /or 1781 depth areas, and shall be adequately floodproofed. I 1782 (B) Buried utility transmission lines transporting hazardous materials, including but not 1783 limited to crude and refined petroleum products and natural gas, shall be buried a minimum of 1784 four (4) feet. Such burial depth shall be maintained within the floodway fringe or special flood I 1785 hazard area to the maximum extent of potential channel migration as determined by hydrologic 1786 analyses. All such hydrologic analyses shall conform to requirements of § 15.27.411(3)(C). 1787 (C) Beyond the maximum extent of potential channel migration, utility transmission I 1788 lines transporting hazardous and non - hazardous materials shall be buried below existing natural 1789 and artificial drainage features. I 1790 (D) Aboveground utility transmission lines, not including electric transmission lines, 1791 shall only be allowed for the transportation of non •hazardous materials. In such cases, applicants 1792 must demonstrate that line placement will have no appreciable effect upon flood depth, velocity, ii 1793 or passage. Such lines shall be adequately protected from flood damage. II 1794 (E) Aboveground utility transmission line appurtenant structures, including valves, 1795 pumping stations or other control facilities, shall not be permitted in floodway fringe or special t 1796 flood hazard areas except where no other alternative is available,.or in the event a floodway 1797 fringe or special flood hazard location is environmentally preferable. This does not apply to 1798 domestic water and regional wastewater transmission pipes. In such instances, aboveground ▪ 1799 structures shall be located so that no appreciable effect upon flood depth, velocity, or passage is I 1800 created, and shall be adequately floodproofed. 1801 ▪ 1802 15.27.410 Prohibited Uses The following uses shall be prohibited in floodway fringe areas: ▪ 1803 (1) New manufactured home parks and the expansion of manufactured home /parks. 1804 I 1805 FLOODWAY USES 1806 1 2/1/2008 17 , ;. I 43 1 G -I . City of Yakima 15.27 CAO 1 1807 15.27.411 Permitted Uses Permitted uses include any use permitted in the zoning district in 1808 accordance with Title 15 of this code, provided that said use is in compliance with the flood 1809 hazard protection standards of §§ 15.27.407 - 408 and other applicable provisions of this chapter 1 1810 and will have a negligible effect upon the floodway in accordance with the floodway 1811 encroachment provisions of 5 15.27.412(2): Peimitted uses include: 1812 (1) All encroachments, including fill, new construction and other development unless 1 1813 certification by a registered professional engineer is provided demonstrating through hydrologic 1814 and hydraulic analysis performed in accordance with standard engineering practice that the effect 1815 of the subject encroachment together with the cumulative effects of all similar potential 1 1816 encroachments shall not materially cause water to be diverted from the established floodway, 1817 cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or 1818 result in any increase in flood levels during the occurrence of the base flood discharge. 1 1819 (2) Surface mining, provided that the applicant can provide clear evidence that such uses will 1820 not divert flood flows causing channel -shift or erosion, accelerate or amplify the flooding of 1821 downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in 1822 any other way threaten public or private properties. When allowed, such removal shall comply 1823 with the provisions of Title 15. 1824 (3) Utility transmission lines, unless otherwise prohibited by this chapter; except that when 1825 the primary purpose of such a transmission line is to transfer bulk products or energy through a 1826 floodway en route to another destination, as opposed to serving customers within a floodway, 1827 such transmission lines shall conform to the following: 1828 (A) All utility transmission lines shall cross floodways by the most direct route feasible 1829 as opposed to paralleling floodways; 1830 (B) Electric transmission lines shall span the floodway with support towers located in 1831 flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, 1832 support towers shall be located to avoid high floodwater velocity and /or depth areas, and shall be 1833 adequately floodproofed; 1834 " (C) Buried utility transmission lines transporting hazardous and non - hazardous 1835 materials, including but not limited to crude and refined petroleum products and natural gas, 1836 shall be buried a minimum of four (4) feet below the maximum established scour of the 1837 waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be 1838 maintained horizontally within the hydraulic floodway to the maximum extent of potential 1839 channel migration as determined by hydrologic analyses. In the event potential channel 1840 migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and 1841 special flood hazard areas shall govern placement. All hydrologic analyses are subject to 1842 acceptance by the City of Yakima, which shall assume the conditions of a one - hundred (100) 1843 year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on -site 1844 investigations and consideration of historical meander characteristics in addition to other 1845 pertinent facts and data. The use of riprap as a meander containment mechanism within the 1846 hydraulic floodway shall be consistent with the City of Yakima Shoreline Master Program 1847 Regulations, 1848 (D) Beyond the maximum extent of potential channel migration, utility transmission 1849 lines transporting hazardous and non - hazardous materials shall be buried below existing natural 1850 and artificial drainage features. 1851 (E) Aboveground utility transmission lines, not including electric transmission lines, 1852 shall only be allowed for the transportation of non - hazardous materials where an existing or new LJ 4J L/��.1 INDEX 2/1/2008 # 44 1 1 City of Yakima 15.27 CAO 1853 bridge or other structure is available and capable of supporting the line. When located on existing 1854 or new bridges or other structures with elevations below the one - hundred (100) year flood level, I 1855 the transmission line shall be placed on the downstream side and protected from flood debris. In 1856 such instances, site - specific conditions and flood damage potential shall dictate placement, 1857 design, and protection throughout the floodway. Applicants must demonstrate that such I 1858 ' aboveground lines will have no appreciable effect upon flood depth, velocity, or passage, and 1859 shall be adequately protected from flood damage. If the transmission line is to be buried except 1860 at the waterway crossing, burial specifications shall be determined as in subsection (2)(C) above. I 1861 (4) Construction or reconstruction of residential structures only as authorized in § 1862 15.27.412(5); 1863 (5) Improvements to existing residential structures that are not substantial improvements per § 1 1864 15.27.294, provided the improvement complies with the requirement set forth in § 15.27.412(2). 1865 (6) Water- dependent utilities and other installations, which by their very nature must be in the 1866 floodway. Examples of such uses are: dams for domestic /industrial water supply; wastewater 1867 treatment and collection systems; stream crossings or wetlands, flood control and /or • 1868 hydroelectric production; water diversion structures and facilities for water supply; irrigation 1869 and /or fisheries enhancement; floodwater and drainage pumping plants and facilities; 1 1870 hydroelectric generating facilities and appurtenant structures; and structures and nonstructural 1871 uses and practices; provided, that the applicant shall provide evidence that a floodway location is 1872 necessary in view of the objectives of the proposal, and provided further that the proposal is I 1873 consistent with other provisions of this chapter and the City's Shoreline Master Program. In all 1874 instances of locating utilities and other installations in floodway locations, project design must 1875 incorporate floodproofing and otherwise comply with §§ (3) (A) — (E) above; I 1876 (7) Dikes, provided that the applicant can provide evidence that: 1877 (A) Adverse effects upon adjacent properties will not result relative to increased 1878 floodwater depths and velocities during the base flood or other more frequent flood occurrences, I 1879 (B) Natural drainage ways are minimally affected in that their ability to adequately drain 1880 floodwaters after a flooding event is not impaired, I 1881 (C) The proposal has been coordinated through the appropriate diking district where 1882 applicable, and that potential adverse effects upon other affected diking districts have been 1883 documented; • 1884 (8) Roads and bridges, subject to the regulations of §§ (3) (A) -(E) above. I 1885 1886 15.27.412 Prohibited Uses The following uses /developments are prohibited in the • 1887 floodway: I 1888 (1) Any structure, including manufactured homes, designed for or to be used for human 1889 habitation of a permanent nature (including temporary dwellings authorized by §§ 15.04.100 & I 1890 15.04.110); 1891 (2) Any encroachments, including fill, new construction and other development shall require 1892 certification by a registered professional engineer is provided demonstrating through hydrologic I 1893 and hydraulic analysis performed in accordance with standard engineering practice that the effect 1894 of the subject encroachment together with the cumulative effects of all similar potential 1895 encroachments shall not materially cause water to be diverted from the established floodway, I 1896 cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or 1897 result in any increase in flood levels during the occurrence of the base flood discharge; 1 • DOC, 2/1/2008 INDEX 45 6-r __ __ • • City of Yakima 15.27 CAO r 1898 (3) Aboveground utility transmission line appurtenant structures, including valves, pumping r 1899 stations, or other control facilities, shall not be permitted in the floodway, except for domestic 1900 water and regional wastewater facilities where necessary; 1 1901 (4) Where a floodway has not been determined by preliminary Corps of Engineers' 1902 investigations or official designation, a floodway shall be defined by qualified engineering work 1903 by the applicant on the basis of a verified one - hundred (100) year flood event; 1 1904 (5) Construction or reconstruction of residential structures within designated floodways, 1905 except for: 1906 (i) Repairs, reconstruction, or improvements to a structure which do not increase the 1 1907 ground floor area; and 1908 (ii) Repairs, reconstruction or improvements to a structure, the cost of which does not 1909 exceed fifty (50) percent of the assessed value of the structure either (A) before the r 1910 repair, reconstruction or improvement is started, or (B) if the structure has been damaged 1911 and is being restored, before the damage occurred. 1912 (iii) Work done on structures to correct existing violations of existing health, sanitary or 1913 safety codes, or to structures identified as historic places shall not be included in the fifty 1914 (50) percent. 1915 (iv) If subsection (2) of this section is satisfied, all new construction. and substantial r 1916 improvements shall comply with all applicable flood hazard reduction provisions of Part 1917 Four. 1918 (6) The construction or storage of any object subject to flotation or movement during flood r 1919 level periods; 1920 (7) The following uses, due to their high degree of incompatibility with the purpose of 1921 establishing and maintaining a functional floodway, are specifically prohibited: 1922 (A) The filling of wetlands, except as authorized under Part Five Fish and Wildlife 1923 Habitat and the Stream Corridor and Part Six Wetlands; r , 1924 (B) Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and /or 1925 materials; and 1926 (C) Damming or relocation of any watercourse that will result in any downstream 1927 increase in flood levels during the occurrence of the base flood discharge (See § 15.27.509); r 1928 (8) The listing of prohibited uses in this section shall not be construed to alter the general 1929 . rule of statutory construction that any use not permitted is prohibited. r 1930 1931 15.27.413 Non - Conforming Uses and Facilities 1932 (a) Within the special flood hazard areas established by YMC Ch. 15.19 or amendments thereto, r 1933 there may exist structures and uses of land and structures, which were lawful before these 1934 sections were adopted or amended, but which would be prohibited, or restricted under the terms 1935 of Part Four of this chapter or future amendment. r 1936 . 1937 (b) It is the intent of YMC Ch. 15.19 to permit these lawful pre - existing nonconformities to 1938 continue until they are removed by economic forces or otherwise, but not to encourage their 1939 survival except in cases where continuance thereof would not be contrary to the . 1940 public health, safety or welfare, or the spirit of this chapter . 1941 1 DOC. 1 INDEX 2/1/2008 # 46 1 Ci ty of Yakima 15.27 CAO 1 1942 FLOOD HAZARD PROTECTION ADMINISTRATION 1943 I 1944 15.27.414 Administration The building official is vested with the duty of administering the 1945 rules and regulations relating to flood hazard protection in accordance with the provisions of Part 1946 Four and may prepare and require the use of such forms as are essential to such administration. I 1947. 1948 15.27.415 Authority Upon application, the building official shall have the authority to 1949 grant a flood hazard permit when compliance with the applicable conditions as set forth in Part 1 1950 Four of this chapter and in other applicable local, state and federal regulations has been 1951 demonstrated and the proposal is found to be consistent with the purpose of the policies of the 1952 Critical Areas Ordinance. 1 1953 1954• 15.27.416 Permit - Required Prior to any development within a special flood hazard area, 1955 a flood hazard permit shall be obtained. This permit may be in addition to the critical area 1 1956 development authorization as set forth in Part Three. 1957 15.27.417 Permit — Application All persons applying for a flood hazard permit shall I 1958 submit a written application, accompanied by an application fee as specified in Title 11, using 1959 the forms supplied. The application shall not be considered complete until the following 1960 minimum information is provided as identified below and in YMC § 15.11.050: 1961 (1) Name, address and telephone number of applicant and property owner if different; I 1962 (2) Project description and taxation parcel identification number; 1963 (3) Name of the stream or body of water associated with the floodplain in which the I 1964 development is proposed; 1965 (4) Site plan map drawn to an engineering scale showing: 1966 (A) Actual dimensions and shape of the parcel to be built on; I 1967 (B) Sizes and location of existing structures on the parcel; 1968 (C) Location and dimensions of the proposed development, structure or alteration; • 1969 (D) Location, volume and type of any proposed fill; • 1970 (E) The application shall include other information as may be required by the II 1971 Administrative Official to clarify the application for the enforcement of Part Four of this chapter; 1972 • • 1 1973 15.27.418. Permit — Review Flood hazard permit applications will be reviewed to 1974 determine: 1975 (1) The elevation and floodproofing requirements of Part Four of this chapter; 1976 (2) The proposed development's location in relation to the floodway and any encroachments II 1977 § 15.27.412(2); 1978 (3) Alteration or relocation of a watercourse § 15.27.407(d); ▪ 1979 (4) That the proposed development is a permitted use under Part Four of this chapter and ▪ 1980 Title 15; 1981 (5) That all necessary permits have been obtained from those federal, state or local 1 1982 governmental agencies from which prior approval is required. 1983 1 Doc. INDEX 2/1/2008 .. 47 City of Yakima 15.27 CAO 1984 15.27.419 Use of Available Data When base flood elevation data has not been provided in 1985 accordance with § 15.27.400, Flood hazard areas established, the City shall obtain, review, and 1986 reasonably utilize any base flood elevation and floodway data available from a federal, state or 1987 other source, in order to administer § 15.27.408 Specific Standards, 15.27.412 Floodway 1988 Prohibited Uses, and § 15.25 Violations and Enforcement and Administration. 1989 1990 15.27.420 Limitations Permits issued based on plans and applications approved by the 1991 Administrative Official authorize only the use, arrangement and construction set forth in such 1992 approved plans and applications, and no other use, arrangement or construction. Use, 1 1993 arrangement or construction at variance with that authorized is a violation of Part Four and 1994 punishable as provided by § 15.25 Violations and Enforcement and Administration. 1995 1 1996 15.27.421 Permit — Expiration & Cancellation If the work described in any permit 1997 has not begun within one hundred eighty (180) days from the date of issuance thereof, the permit 1998 shall expire and be'canceled by the building official. 1 1999 2000 15.27.422 Performance bonds. • 2001 (a)The City may require bonds in such form and amounts as may be deemed necessary to assure 2002 that the work shall be completed in accordance with approvals under Part Four. Bonds, if 2003 required, shall be furnished by the property owner, or other person or agent in control of the . 2004 property. 1 2005 (b)In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the 2006 City in an amount equal to that which would be required in the surety bond.. 2007 2008 15.27.423 Appeals The decision to grant, grant with conditions, or deny a flood 2009 hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to 2010 the procedure established for appeals in Part Three. 2011 2012 15.27.424 Coordination Upon application, the building official shall have the 2013 authority to grant a flood hazard permit when compliance with the applicable conditions as set 2014 forth in Part Four of this chapter and in other applicable local, state and federal regulations has 2015 been demonstrated and the proposal is found to be consistent with the purpose of this chapter. 2016 2017 ELEVATION AND FLOODPROOFING CERTIFICATION 2018 2019 15.27.425 Applicability Certification for elevation or floodprofing shall be required 2020 only for the new construction or substantial improvement of any residential, commercial, 2021 industrial, or nonresidential structure located in a special flood hazard area. 2022 2023 15.27.426 Certification Form The form of the elevation and floodproofing 2024 certificate shall be specified by the administrative official and shall be generally consistent with 2025 that required by FEMA for the administration of the National Flood Insurance Program. 2026 1 DD`;, 1 INDEX 2/1/2008 _ 48 1 Ci ty of Yakima 15.27 CAO I 2027 15.27.427 Information to be obtained and maintained The elevation and 2028 floodproofing certificate shall verify the following flood hazard protection information: I 2029 (1) The actual elevation (in relation to mean sea level) of the lowest floor (including 2030 basement) of all new or substantially improved structures, and whether or not the structure • 2031 contains a basement; I 2032 2033 (2) The actual elevation in relation in mean sea level of flood proofing of all new or 2034 substantially improved non- residential flood proofed structures. I 2035 2036 (3) Where a base flood elevation has not been established according to j 15.27.400, or 2037 where elevation data is not available either through the Flood Insurance Study, FIRM, or from I 2038 another authoritative source, applications for building permits shall be reviewed to assure that 2039 proposed construction will be reasonably safe from flooding. The test of reasonableness is a local 2040 judgment and includes use of historical data, high water marks, photographs of past flooding, I 2041 etc., where available. 2042 2043 15.27.428 Certification Responsibility The project proponent shall be responsible I 2044 for providing required certification data to the administrative official prior to the applicable 2045 construction inspection specified in the certification form. All elevation and floodproofing data I 2046 specified in j 15.27.427 must be obtained and certified by a registered professional engineer, 2047 architect, or surveyor. The administrative official shall permanently maintain the elevation and 2048 floodproofing certification. I 2049 • 2050 FLOOD HAZARD VARIANCES 2051 ▪ 2052 15.27.429 Procedure Any person seeking a variance from the requirements of Part 2053 Four authorized under j 15.27.430 shall make such request in writing to the planning department 2054 on the forms they supply. Upon receipt of a completed application and application fee for the I 2055 variance, a notice of the variance request shall be forwarded to all landowners of adjacent 2056 property within twenty eight (28) days of the receipt of a completed application and payment of 2057 fees. The notice shall solicit written comment on the variance request and specify a time period 2058 not less than twenty (20) days from the date of mailing, during which written comments may be ▪ 2059 received and considered. The notice shall also state that copies of the administrative official's 2060 final decision will be mailed upon request. The administrative official may also solicit ▪ 2061 comments from any other person or public agency he or she feels may be affected by the ▪ 2062 proposal. 2063 1 2064 15.27.430 Variance limitations 2065 (a) Variances shall be limited solely to the consideration of: 2066 (1) Elevation requirements for lowest floor construction; 2067 (2) Elevation requirements for floodproofing; and • 2068 (3) The type and extent of floodproofing. 2069 (b) Variances shall not be considered for any procedural or informational requirements or use 1 2070 prohibitions of Part Four. 2071 1 DOC. znr2008 INDEX 49 i City of Yakima 15.27 CAO 2072 15.27.431 Conditions for Authorization Before a variance to the provisions of Part 2073 Four may be authorized, it shall be shown that: 2074 (1) There are special circumstances applicable to the subject property or to the intended use, 1 2075 such as size, topography, location or surroundings, that do not apply generally to other property 2076 in the same vicinity and zone; 2077 (2) The granting of such variance will not be materially detrimental to the public welfare or 2078 injurious to the property or improvements in the vicinity and zone in which the subject property 2079 is located; 2080 (3) Such a variance is the minimum necessary, considering the flood hazard, to afford relief; 2081 (4) Failure to grant the variance would result in exceptional hardship to the applicant; and 2082 (5) The granting of such a variance will not result in: 2083 (A) Increased flood heights; 2084 (B) Additional threats to public safety; 2085 (C) Creation of nuisances; 2086 (D) Extraordinary public expense; or 2087 (E) Conflicts with other existing local laws or ordinances. 2088 2089 15.27.432 Administrative Official's Decision After considering any comments 2090 received from other agencies, jurisdictions or adjoining property owners, the administrative 2091 official shall approve, approve with conditions, or deny the variance request. The administrative 2092 official shall prepare written findings and conclusions stating the specific reasons upon which the 2093 decision is based. 2094 2095 15.27.433 Notification and Final Decision The decision shall be issued within 2096 seven (7) days from the end of the comment period. Further, the administrative official shall 2097 mail the findings and decision to the applicant and to other parties of record requesting a copy. 2098 2099 15.27.434 Power to Refer Decisions In exercising the duties and powers of 2100 implementing and administrating Part Four of this chapter, the administrative official may refer 2101 any variance application to the hearing examiner for action at a public hearing. 2102 2103 15.27.435 Appeals Any decision by the administrative official to approve or deny a 2104 variance request may be appealed subject to the procedures set forth in YMC Ch. 15.16. 2105 2106 15.27.436 Federal Flood Hazard Map Correction Procedures The 2107 procedures for federal flood hazard map correction, as provided in federal regulations 44 CFR 70 2108 of the National Insurance Program are hereby adopted by reference. 2109 1 1 1 1 INDEX 2/1/2008 50 1 • Ch' i of Yakima 15.27 CAO 1 2110 CHAPTER 15.27 2111 PART FIVE I 2112 FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR SYSTEM 2113 Sections Defined: 2114 Introduction 1 2115 15.27.500 Purpose and Intent 2116 15.27.501 Protection Approach 2117 Designation and Mapping 1 2118 15.27.502 Hydrologically Related Critical Area Features 2119 15.27.503 Habitat and Habitats of Local Importance 2120 15.27.504 Functional Properties • I 2121 15.27.505 Stream, Lake, and Pond Typing System 2122 15.27.506 Wetland Rating System 2123 15.27.507 Maps I 2124 General Development Standards 2125 15.27.508 Prohibited Uses 2126 15.27.509 General Policies and Standards I 2127 Water Dependency Development Standards and Buffer Requirements 2128 15.27.510 Use Classifications I 2129 15.27.511 Water- dependent Uses 2130 15.27.512 Water- related Uses 2131 15.27.513 Non -water Oriented Uses in 2132 15.27.514 Vegetative Buffers 2133 Land Modification Development Standards 2134 15.27.515 Roads, Railroads and Parking in 2135 15.27.516 Utility Transmission Lines 2136 15.27.517 Shore Stabilization 2137 15.27.518 Dredging and Excavation 2138 15.27.519 Filling 2139 15.27.520 Commercial Mining of Gravels 2140 15.27.521 Reclamation 1 1 1 1 1 1 DO C. INDEX 2/1/2008 51 City of Yakima 15.27 CAO 2141 1 2142 15.27.500 Purpose and Intent 2143 2144 (a) The stream corridor system includes hydrologically related critical areas, streams, lakes, 2145 ponds, and wetlands and is part of a fragile and highly complex relationship of geology, 2146 soils, water, vegetation and wildlife. Policies and standards to help conserve and protect 1 2147 are designed to accomplish the following: 2148 (1) Meet the requirements of the Growth Management Act (RCW 36.70A.172) 2149 regarding best available science; 1 2150 (2) Follow the requirements pursuant to the Flood- Resistant Construction in the 2151 adopted Building Code. 2152 (3) Provide a zero net loss of natural wetland functions and values. 2153 (4) Provide possible alternatives for necessary development, construction, and uses 2154 within a designated stream corridor and other hydrologically related critical 2155 areas; 1 2156 (5) Prevent decline in the quantity and quality of surface and subsurface waters; 2157 (6) Conserve, restore, and protect fish and wildlife habitats, vegetation, and 2158 ecological relationships; 2159 (7) Protect sensitive areas of the stream corridor from the potential negative effects of 2160 development; 2161 (8) Through voluntary agreements or government incentives, provide protection of 2162 natural wetland functions and values. 2163 (9) Recognize wildlife areas conservation habitats within their natural geographic 2164 location through coordinated land use planning. 2165 2166 15.27.501 Protection Approach 2167 1) To maintain fish and wildlife habitat there must be adequate environmental conditions for 2168 reproduction, foraging, resting, cover, and dispersal of animals. 2169 Factors affecting both habitat and its quality include the presence of essential resources 2170 such as food, water, nest building materials, and lack of diseases. The City of Yakima 2171 protects fish and wildlife habitat through: 2172 a. Protection of habitat for aquatic species; and, 2173 b. Protection of habitat for species located near the water. 2174 2) The City of Yakima's approach to protecting Threatened, Endangered, and Sensitive 2175 Species Habitat is by using the protection approach sections of this chapter. 2176 2177 IDesignation . 2178 15.27.502 Hydrologically Related Critical Area Features 2179 Stream corridors and other hydrologically related critical areas include one (1) or more of the 2180 following features: 2181 (1) Any floodway or floodplain identified as a special flood hazard area identified by the 1 2182 Federal Emergency Management Agency (FEMA) as identified in the Flood Insurance 2183 study or corresponding maps, is hereby adopted by reference and declared to be part of 2184 this chapter; • 1 2185 (2) Perennial and intermittent streams, excluding ephemeral streams, including the stream 2186 main channel and all secondary channels within the ordinary high water mark; DOC. INDEX 2,1/2008 # _. __ 52 • 1 City of Yakima 15.27 CAO 1 2187 (3) Naturally occurring ponds under twenty (20) acres and associated submerged aquatic 2188 beds; and man -made lakes and ponds created within a stream channel; I 2189 (4) All wetlands as defined in § 15.27.299; 2190 (5) Any flood -prone area indicated by U.S. Soil Conservation Service soil survey data; and 2191 (6) A buffer area for a stream channel, lake, or pond or from the edge of a wetland. I 2192 2193 15.27.503 Habitat and Habitats of Local Importance 2194 Habitats of Local Importance are habitats or species that due to their declining population, I 2195 sensitivity to habitat manipulation or other values make them important on a local level. Habitats 2196 of Local Importance may include a seasonal range or habitat element with which a given species 2197 has a primary association, and which, if altered, may reduce the likelihood that the species will 1 2198 maintain and reproduce over the long term. 2199 2200 1. Species and Habitats of Local Importance may be identified for protection under this I 2201 chapter. State or local agencies, individuals or organizations may identify and nominate 2202 for consideration specific species and habitats, or a general habitat type, including 2203 streams, ponds or other features. Proponents shall have the burden of presenting I 2204 evidence concerning the criteria set forth below: The nomination shall be processed once 2205 a year through the annual Comprehensive Plan amendment cycle. 2206 a. The decision for changes to species and habitats of local importance shall con- ' 2207 sider: 2208 i. Concern due to population status; I 2209 ii. Sensitivity to habitat manipulation; 2210 iii. Importance to the local community; and 2211 iv. Criteria used to identify state Priority Species, which includes: I 2212 1. State Candidate Species that are defined by WDFW Policy M- 2213 6001 to include fish and wildlife species that WDFW will review 2214 for possible listing as State Endnaged, Threatened, or Sensitive; • 2215 2. Vulnerable Aggregations, which includes those species or groups 2216 of animals susceptible to significant population declines, within a 2217 specific area, by virtue of their inclination to aggregate; 2218 3. Species of Recreational, Commercial, and /or Tribal Importance II 2219 that are Vulnerable; and 2220 4. The Economic impact both positive and negative to the applicants ' 2221 property or surrounding property. Economic impact are to be 2222 determined by a properly qualified individual or firm using 2223 industry standards. I 2224 b. Nominated habitats, and habitats for species of local importance shall consider the ▪ 2225 following, and must include maps to illustrate the proposal: 2226 i. A seasonal range or habitat element which, if altered, may reduce the I 2227 likelihood that the species will maintain or reproduce over the long term; 2228 ii. Areas of high relative density or species richness, breeding habitat, winter 2229 range, and movement corridors; I 2230 iii. Habitat with limited availability or high vulnerability to alteration; and 2231 iv. Whether these habitats are already identified and protected under the 2232 provisions of this or other local ordinances or state or federal law. 1 DOC. INDEX 1 2/1/2008 # 6-1 53 Ci ty of Yakima 15.27 CAO 2233 c. Habitat management recomendations shall be included for use in the 1 2234 administration of this section. 2235 1 2236 2. Development Standards. Projects located within a Habitats of Local Importance, as 2237 designated in subsection (1) above shall meet the standards below, rather than the 2238 development standards in §§ 15.27.508 — 521, unless review is also needed for a 1 2239 Hydrologically Related Critical Area. 2240 a. Projects shall be designated using management recommendations established for 2241 the species or habitat by federal and state agencies, or those adopted for Species 1 2242 and Habitats of Local Importance by the City of Yakima. The department shall 2243 consider the extent such recommendations are used in its decision on the 2244 proposal, and may consider recommendations and advice from agencies with 2245 expertise. 2246 • 2247 15.27.504 Functional Properties 2248 1) Streams, lakes, ponds and wetlands, require a sufficient riparian area to support one 2249 (1) or more of the following functional properties: 2250 a) Stream bank and shore stabilization; 2251 b) Providing, a sufficient shade canopy to maintain water temperatures that 2252 supports fish and their habitat; 2253 c) Moderating the impact of stormwater runoff; 2254 d) Filtering solids, nutrients and harmful substances; 2255 e) Surface erosion prevention; 2256 f) Providing and maintaining migratory corridors for wildlife; 2257 g) Supporting a diversity of wildlife habitat; 2258 h) Allowing for the natural occurrence of.woodydebris and organic matter to 2259 collect in the aquatic environment. 2260 2) Stream channels assist in one (1) or more of the following functional properties: 2261 a) Groundwater recharge and /or discharge; 2262 b) Water transport; 2263 c) Sediment transport and /or storage; 2264 d) Biochemical functions 2265 e) Channel migration and the protection of habitats; 2266 f) Food and habitat. 2267 3) Lakes, ponds and wetlands generally provide similar functions and generally provide 2268 one (1) or more of the following functional properties: 2269 a) Biogeochemical functions that improve water quality; 2270 b) Hydrologic functions maintaining the water regime in a watershed (flood flow 2271 attenuation, decreasing erosion, and groundwater recharge); 2272 c) Food and habitat. 2273 4) Floodplains generally provide one (1) or more of the following functional properties: 2274 a) Floodwater storage; . 2275 b) Floodwater passage and the movement of high velocity waters; 2276 c) Sediment storage and recruitment; 1 2277 d) Food and habitat; 2278 e) Nutrient sink and /or source; DOC. I 2/1,2008 54 54 • City of Yakima 15.27 CAO • 1 2279 f) Groundwater recharge and discharge. 2280 5) Habitat for wildlife consists of the arrangement of food, water, cover, and space. 2281 Wildlife habitat generally includes one (1) or more of the following functional 2282 properties: 2283 a) Reproduction and /or nesting; II 2284 b) Resting and refuge; 2285 c) Foraging for food; 2286 d) Dispersal and migration. a 2287 6) Some functions require larger areas, which may not be achievable due to existing 2288 development and construction constraints, especially in urban areas. In these 2289 instances, adjustments to the minimum standards to accommodate such constraints U 2290 may be necessary. Where adjustments may be necessary, reductions of standards 2291 should be offset by enhancement, restoration, or preservation measures which replace 2292 the lost functions or values or strengthen other functional values if replacement is not p 2293 possible. 2294 2295 15.27.505. Streams, Lakes and Ponds Typing System D 2296 For purposes of this chapter, the City of Yakima hereby adopts a stream, lake and pond- typing 2297 system, for those features designated as critical areas in § 15.27.502 as follows: 2298 (1) Type 1 streams are those waters, within their ordinary high water mark (OHWM), D 2299 meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" 2300 under RCW Ch. 90.58. Waters associated with Type 1 streams as defined in RCW Ch. 2301 90.58 are not included. D 2302 (2) Type 2 streams are those surface water features which require protection due to the 2303 nature of their contributions to the functional properties listed in § 15.27.504 and are 2304 considered "Streams, Lakes and /or Ponds of Local Importance," as listed in Appendix A. II 2305 (3) Type 3 streams include all perennial streams within the City of Yakima not classified as 2306 Type 1 or 2. (See § 15.27.275 definition for perennial stream). 2307 (4) Type 4 streams are all intermittent streams within the City of Yakima not classified as 2308 Type 1, 2 or 3. (See § 15.27.258 definition for intermittent stream) 2309 (5) Type 5 streams are all ephemeral streams within the City of Yakima not classified as a 2310 Type 1, 2, 3 or 4. Type 5 streams are not regulated as streams. (See § 15.27.236 2311 definition for ephemeral stream) 2312 (6) Lakes and P onds O 2313 a). Lakes and ponds not designated as a shoreline that receive water from 2314 the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as 2315 the highest stream type from which the lake or pond receives water. II 2316 b). Natural lakes and ponds, not designated as a shoreline, that do not receive 2317 water from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds. 2318 c). Lakes or ponds not designated as a shoreline that are connected to a 0 2319 Type 1 stream shall be Type 1 ponds. 2320 2321 15.27.506 Wetland Rating System fl 2322 Wetlands within the City of Yakima are defined in § 15.27.299 and are shown on the data maps 2323 referenced in § 15.27.507 Maps. Most, but not all, of the wetlands within the City of Yakima DOC. 2/1 /2008 INDEX 55 • City of Yakima 15.27 CAO 2324 occur near streams. The functional properties for wetlands are identified in §§ 15.27.504, and 2325 15.27.603. 2326 2327 For regulatory purposes, wetlands are classified into four (4) categories according to the Wetland 2328 Rating System found in § 15.27.603(2) Wetland Functions and Rating. 2329 1 2330 2331 15.27.507 Maps 2332 Certain fish and wildlife habitat and hydrologically related critical areas have been inventoried 2333 and are depicted on a series of paper and electronic maps. The maps do not officially define the 2334 extent or characteristics of specific critical areas; rather the potential physical boundaries and 2335 characteristics. Maps may be both regulatory and non - regulatory in nature as described below: 2336 1) Regulatory maps include the following: 2337 a) Any floodway or floodplain identified as a special flood hazard area by the Federal 2338 Emergency Management Agency (FEMA) as identified in the Flood Insurance 2339 Studies (FIRM). 2340 2) Informational maps indicate the approximate presence, location and /or typing of the 2341 potential critical area. Informational maps include, but are not limited to the following: 2342 a) Wetlands; 2343 b) Streams; 2344 c) Channel migration zone; and 2345 d) Species and Habitats of Local Importance — Note: This snap will be generated at 2346 such a time when the City of Yakima formally adopts a specie or habitat of local 2347 importance. 2348 3) Other non - regulatory information sources include maps or other data sources, but are not 2349 limited to: 2350 a. Comprehensive Flood Hazard Management Plans; 2351 b. Soil Survey of the City of Yakima; 2352 c. Surface Geologic Maps; 2353 d. Historic and Current Aerial Photo Series; and 2354 e. Geohydraulic studies — geologic cross sections showing aquifers and confining 2355 units. 2356 2357 . . • Generate.Devellopment;:Standards 2358 15.27.508 Prohibited Uses 2359 The following uses and activities are prohibited within a designated hydrologically related 2360 critical area: 2361 (1) Storage, handling, and disposal of material or substances that are dangerous or hazardous 2362 with respect -to water quality and life safety; 2363 (2) The placement of mining tailings, spoilage, and mining waste materials, except for that 2364 associated with the mining of gravel; 2365 (3) The draining or filling of a wetland, lake or pond, except as provided for in § 15.27.519; 2366 (4) The removal and transport of material for fill outside of the stream corridor; 2367 (5) Site runoff storage ponds; holding tanks and ponds, and other similar waste disposal 2368 facilities. Note: This provision does not include Regional Wastewater plant facilities, D00. 1 INDEX znn_oos # 56 1 i City of Yakima 15.27 CAO II 2369 - collection pipes, septic systems approved by a local or state agency, and other i;elated 2370 facilities; in 2371 (6) Solid waste disposal sites; El 2372 (7) Automobile wrecking yards; • 2373 (8) Fill for the sole purpose of increasing land area within the stream corridor; a 2374 (9) Uses located within the floodway fringe that are listed in § 15.27.410; and, 2375 (10) ' Uses located within the floodway that are listed in § 15.27.412. 2376 . 2377 2378 15.27.509 General Policies and Standards 2379 The following policies and standards shall apply to any development, construction, or use carried 111 2380 out within a designated hydrologically related critical area: 2381 (1) The ordinary high water mark of a stream or lake, and the edge of a wetland shall be 2382 marked on the ground before any development, construction, or use is initiated. Il 2383 (2) Existing vegetation and any vegetative species pertinent to the critical area identified on 2384 the project site within the stream corridor shall only be disturbed to the minimum extent 2385 possible. a 2386 (3) Nesting areas and other sensitive habitat identified within a stream corridor shall be 2387 disturbed to the minimum extent possible. 2388 (4) Projects within the stream corridor shall be scheduled to occur at times and during U 2389 seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. 2390 Scheduling recommendations from the appropriate state and /or federal agency may be 2391 considered. II 2392 (5) Developments that obtain a stormwater permit approved by a local, state or federal 2393 agency and transportation projects using the Eastern Washington Stormwater manual are D 2394 exempt from: . 2395 a. Excavation, grading, cut /fills, compaction, and other modifications, which 2396 - contribute to erosion of soils, shall be confined to the minimum necessary to 2397 complete the authorized work and avoid increased sediment load. 2398 b. The removal of ground -cover vegetation, excavation, and grading shall be 2399 scheduled for periods when soils are the least vulnerable to erosion, compaction, H 2400 and movement unless suitable protective measures are used to prevent erosion. 2401 c. Increases in impervious surface area, compaction of soil, changes in topography, 2402 and other modifications of land within a stream corridor shall provide on -site ▪ 2403 facilities for the detention, control, and filtration if potential increases have been • 2404 identified to occur. 2405 d. The discharge point for controlled stormwater runoff shall be designed and in 2406 constructed to avoid erosion. • 2407 • e. Matting or approved temporary ground cover shall be used to control erosion until 2408 natural vegetative ground cover is successfully established. . U 2409 (6) Development, construction, and uses shall not directly or indirectly degrade surface water 2410 and groundwater through the introduction of nutrients, fecal coliform, toxins, and other 2411 biochemical substances. D 2412 (7) Prior to the approval of development, construction, or uses within a designated stream 2413 corridor, any existing source of biochemical or thermal degradation identified as 2414 originating on the project property shall be corrected. 11 DOC. . INDEX 2/1/2008 57 —i City of Yakima 15.27 CAO 1 2415 (8) Facilities which use fertilizers, pesticides, or herbicides shall use landscaping, low -risk 1 2416 products, application schedules, and other protective methodology to minimize the 2417 surface and subsurface transfer of biochemical materials into the stream corridor. 1 2418 (9) Modifications to natural channel gradient, channel morphology, drainage patterns, and 2419 other stream features shall not permanently alter or obstruct the natural volume or flow of 2420 surface waters. 1 2421 (10) Development, construction, or uses within the stream corridor shall not alter or divert 2422 flood flows, cause channel shift, erosion, and increase or accelerate theflooding of 2423 upstream or downstream flood hazard areas. 2424 (11) Structures placed in close proximity to the outer.edge of bends in stream channels shall I 2425 be located to minimize the hazard from stream undercutting and stream bank erosion 2426 stemming from potential future stream migration. 2427 (12) The Department of Ecology and adjacent communities shall be notified prior to any 2428 alteration or relocation of a watercourse and evidence of such notification shall be 2429 submitted to the Federal Emergency Management Agency. t 2430 (13) Maintenance shall be provided for the altered or relocated portion of said watercourse so 2431 that the flood - carrying capacity is not diminished. 2432 (14) Development, construction, or uses within the hydrologically related critical area shall be 2433 mitigated using mitigation sequencing as outlined in § 15.27.307 Mitigation 2434 Requirements. 2435 (15) Development shall not obstruct, cut off, or isolate stream corridor features. I 2436 (16) Nothing in these regulations shall constitute authority of any person to trespass or in any 2437 way infringe upon the rights of private ownership. 2438 (17) If archaeological resources are uncovered during excavation, developers and property 2439 owners shall immediately stop work and notify the City of Yakima, the Washington State 2440 Office of Archaeology, and Historic Preservation and any affected Indian Nation. 2441 Archaeological sites are subject to RCW 27.44 Indian Graves and Records and RCW 11 2442 27.53 Archaeological Sites and Records. Development or uses that may impact such 2443 sites shall comply with WAC 25 -48 Archaeological Excavation and Removal Permit. . . 2444 (18) Projects located within the floodway must meet the requirements of § 15.27.411 2445 Permitted Uses. 2446 (19) Any portion of the vegetative buffer temporarily damaged or disturbed as a result of II 2447 construction activities (excluding approved permanent use areas) shall be repaired at the 2448 completion of construction using the reclamation found in § 15.27.521 2449 2450 WaterNDepeudency Development Standards. and Buffer,Requirements 2451 15.27.510 Use Classifications 2452 For purposes of this section, the components of any development, construction, or use requiring 2453 a critical area development authorization shall be classified as provided below, and shall conform 2454 with the development standards applicable to the classification provided in §§15.27.511 - 13: 2455 1) Water Oriented Uses are one of the following two (2) categories of uses: 2456 a) Water- dependent uses include dams, water diversion facilities, marinas, boat launching 2457 facilities, water intakes and outfalls, aquaculture, log booming, stream and wetland crossings 2458 for roads and railroads, stream and wetland crossings for utilities, swimming beaches, 1 2459 fishing sites, in -water or on -land shore stabilization structures, livestock watering sites, and 2460 other uses that cannot exist in any other location and are dependent on the water by reason of DOC. 1 INDEX . 2/1/2008 58 1 111 City of Yakima 15.27 CAO II 2461 the intrinsic nature of their operations. This provision applies only to the specific portion of a 2462 project that is demonstrably dependent upon the water or shore. II 2463 b) A water - related use is one not intrinsically dependent on a waterfront location but whose 2464 economic viability is enhanced by a waterfront location either because it requires large 2465 quantities of water, or because it provides services for water dependant uses and the III 2466 proximity to its customers makes such services less expensive and /or more convenient. 2467 Examples would include thermal power plants, sewage treatment plants, water processing 2468 and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat fi 2469 rental shops. 2470 2) Non - water- oriented uses include any use not qualifying as uses in subsection (1) above. 2471 m • 2472 15.27.511 Water- dependent Uses 2473 The following provisions shall apply to water - dependent uses: 2474 (1) Structures shall be clustered at locations on the water's edge having the least impact to 2475 the surface water and : shore. 2476 "(2) Use areas and structures which require direct shore locations shall be located and 2477 constructed to minimize impacts to the shore area and the vegetative buffer specified in § . 2478 15.27.514 (Vegetative Buffers). 2479 (3) Use areas and structures requiring direct shore locations shall minimize any obstruction ▪ 2480 or impairment of normal public navigation of the surface water. 2481 2482 15.27.512 Water- related Uses • 2483 The following provisions shall apply to the water - related uses: II 2484 (1) Structures and use areas shall be located as far landward from the ordinary high water 2485 mark or wetland edge as is possible and still preserve the essential or necessary relationship with in 2486 the surface water. I 2487 (2) Structures and use areas shall not be located within the vegetative buffer specified in § 2488 15.27.514 (Vegetative Buffers) except where existing development or the requirements fi 2489 associated with the use make such a location unavoidable. • 2490 2491 15.27.513 Non -water Oriented Uses ▪ 2492 The following provisions shall apply to non - water- oriented uses: • 2493 (1) Structures and use areas shall be set back so as not to be located within the vegetative 2494 buffer specified in § 15.27.514 (Vegetative Buffers). II _2495 (2) Construction abutting the vegetative buffer specified in § 15.27.514 (Vegetative Buffers) ▪ 2496 shall be designed and scheduled to ensure there will not be permanent damage or loss of the 2497 vegetative buffer. 2498 II 2499 15.27.514 Vegetative Buffers 2500 The establishment of a vegetative buffer system is necessary to protect the functions and values II 2501 of certain hydrologically related critical areas. Standard and minimum buffers for streams, lakes, II 2502 ponds, and wetlands are listed in Table 5 -1 and 5 -2. 2503 1) Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes II 2504 and ponds, and from the edge of the wetlands. The width of the buffer shall be determined 2505 according to the stream or wetland type. , {fir.. 'j r1 (w _ I' 2/1 /2008 59 ,`r r City of Yakima 15.27 CAO 2506 Buffer width may be reduced through an adjustment permit process (§ 15.27.317). However, the 2507 Administrative Official may not approve reductions to the standard buffer widths for wetlands 2508 that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, except 1 2509 where it can be shown that a particular wildlife species needs within the buffer can be met with a 2510 smaller buffer. 2511 2) Type 1 streams, lakes, and ponds are protected by the Shoreline Master Program and are not 1 2512 part of this Title. 2513 3) The minimum buffer widths listed in Tables 5 -1 and 5 -2 are the lowest possible buffer widths 2514 allowed by means of the adjustment process. Adjustments below the minimum buffer width 1 2515 must meet additional approval criteria as provided in § 15.27.317(3)(d) Adjustments. 2516 4) The adequacy of these standard buffer widths presumes the existence of a relatively intact 2517 native vegetative community within the buffer zone that is deemed adequate to protect the 2518 identified critical area. 2519 a. If the vegetation is degraded, then re- vegetation may be considered with any 2520 adjustment to the buffer width. 2521 b. Where the use is being intensified, a degraded buffer may be re- vegetated to maintain 2522 the standard width. 2523 Table 5 — 1 2524 ** *The Administrative Official may not approve reductions to the standard buffer widths for 2525 wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, 2526 except where it can be shown that a particular wildlife species needs within the buffer can be 2527 met with a smaller buffer. * ** 2528 Stream Type Buffer Width standard /(minimum adjustment) Type 1 Shoreline streams, lakes and ponds 100' Type 2 streams, lakes and ponds 75'/(25') Type 3 streams (Perennial), lakes and . 50'425') ponds Type 4 streams (Intermittent), lakes and 25'415') ponds Type 5 streams (Ephemeral) No buffer standards Type 5 streams are not regulated as streams, but may be protected under geologically hazardous area, floodplain, stormwater, construction, grading or other development regulations. 2529 2530 ** *The Administrative Official may not approve reductions to the standard buffer widths for 1 2531 wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, 2532 except where it can be shown that a particular wildlife species needs within the buffer can be 2533 met with a smaller buffer.*** 1 2534 2535 Table 5 -2 Type 1 Wetlands Type 2 Wetlands Type 3 Wetlands Type 4 Wetlands 1 (standard /minimum) (standard /minimum) (standard /minimum) (standard /minimum) 200' /100' 150'/75' 100150' 50125' DOC. 2/1/2008 i NNN DEX 60 1 City of Yakima 15.27 CAO • 1 2536 2537 Land Modification Development Standards , I 2538 15.27.515 Roads, Railroads, and Parking 2539 The following provisions shall apply to the location and construction of roads, railroads, and 2540 parking within a designated hydrologically related critical area: . II 2541 (1) Roads and railroads shall not be located within a designated stream corridor except where 2542 it is necessary to cross the corridor or where existing development, topography, and other 2543 conditions preclude locations outside the stream corridor. I 2544 a) Construction of roadways across stream corridors shall be by the most direct route 2545 possible having the least impact to the stream corridor; - 2546 b) Roadways that must run parallel to streams or wetlands shall be along routes having the I 2547 greatest possible distance from stream or wetland and the least impact. 2548 c) Roadways within the stream corridor shall not hydrologically obstruct, cut -off or isolate ' 2549 stream corridor features, unless it is clearly unavoidable. 2550 (2) Material excavated from the roadway area to achieve the design grade shall be used as fill 2551 where necessary to maintain grade or shall be transported outside the stream corridor. 2552 (3) Necessary fill to elevate roadways shall not impede the nonnal flow of floodwaters or 2553 cause displacement that would increase the elevation of flood waters such that it would cause 2554 properties not in the floodplain to be flood - prone. . I 2555 (4) Spoil, construction waste, and other debris shall not be used as road fill or buried within 2556 the stream corridor. 2557 (5) Bridges and water - crossing structures shall not constrict the stream channel or impede the 2558 flow of ordinary high water, sediment, and woody debris. . I 2559 (6) The preservation of natural stream channels and drainage ways shall be preferred over the 2560 use of culverts. Where culverts are the preferred method, large, natural bottom culverts, multi - 1 2561 plate pipes, and bottomless arches are preferred. 2562 (7) The alignment and slope of culverts shall parallel and match the natural flow of streams 2563 or drainage ways and shall be sized to accommodate the volume, flow and velocity of ordinary I 2564 high water and shall terminate on stable, erosion - resistant materials. 2565 (8) Where fish are present, culverts shall be designed and constructed to specifications 2566 provided through the Department of Fish and Wildlife. 2 2567 (9) At least one end of a wood stringer bridge shall be anchored to prevent the bridge from 2568 being washed away during a high water event. 2569 (10) Roads must be designed and constructed using established flood resistant design and 11 2570 construction methods when the road is possibly subject to floodwater damage. 2571 (11) Roads and bridges within floodways must meet the requirements of S 15.27.411(8) and 2572 (3), unless an engineer can demonstrate another appropriate method. I 2573 2574 15.27.516 Utility Transmission Lines and Facilities 2575 The following provisions shall,apply to the location, construction, and installation of utility I 2576 transmission lines (such as those for wastewater, water, communication, natural gas) within a 2577 designated hydrologically related critical area: 2578 (1) Utility transmission lines shall be permitted within the stream corridor only where it is 1 2579 necessary to cross the corridor or where development, topography, and other conditions preclude 2580 locations outside the stream corridor. 1 _iL7C I 2/1/2008 / 61 6- City of Yakima 15.27 CAO 2581 a) Utility transmission lines across stream corridors shall be by the most direct route 2582 possible having the least impact to the stream corridor. 2583 b) The construction of utility transmission lines within a stream corridor shall be 1 2584 designed and located to provide a minimum disruption to the functional properties. 2585 (2) Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy 2586 replacement or repair with minimal disturbance to the stream corridor. 1 2587 (3) Buried utility transmission lines crossing a stream corridor shall be buried a minimum of 2588 four feet below the maximum scour or 1/3 of the bankfull depth of the waterway, whichever is 2589 greater, and for a similar depth below any associated floodway and floodplain to the maximum 2590 extent or potential channel migration as determined by hydrologic analysis. 2591 (4) Wherever possible, new aboveground installations shall use existing bridges or pole 2592 facilities. 2593 (5) Aboveground electrical support towers and other similar transmission structures shall be 2594 located as far upland as is reasonably practical. 2595 (6) Transmission support structures shall be located clear of high flood velocities and located 2596 in areas of minimum flood depth, which require the least amount of floodproofing. 2597 (7) Underground utility transmission lines shall be constructed so they do not alter, 2598 intercept, or dewater groundwater patterns that support streams, wetlands, and hyporheic flow. 2599 (8) All new and replacement water supply systems and wastewater systems within a special 2600 flood hazard area must meet the requirements of § 15.27.407(b) (re: infiltration or discharge -into 2601 or out of the system). 2602 (9) Utility transmission lines within the Floodway Fringe shall meet the standards of § 2603 15.27.409(2). 2604 (10) Utility transmission lines within the Floodway shall meet the standards of § 2605 15.27.411(3). 2606 2607 15.27.517 Shore Stabilization 2608 The following provisions shall apply to shore stabilization projects: 2609 (1) Shore stabilization projects shall be allowed only where there is evidence of erosion 2610 which clearly threatens existing property, structures, or facilities, and which stabilization will not 2611 jeopardize other upstream or downstream properties.. 2612 (2) Stabilization projects shall be developed under the supervision of, or in consultation with, 2613 agencies or professionals with appropriate expertise. 2614 (3) Stabilization projects shall be confined to the minimum protective measures necessary to 2615 protect the threatened property. 2616 (4) The use of fill to restore lost land may accompany stabilization work, provided the 2617 resultant shore does not extend beyond the new ordinary high water mark, finished grades are 2618 consistent with abutting properties, a restoration plan is approved for the area, and the fill 2619 material is in compliance with § 15.27.519 Filling. 2620 (5) Stabilization projects shall use design, material, and construction alternatives that does 2621 not require high or continuous maintenance, and which prevents or minimizes the need for 2622 subsequent stabilization of the shore's other segments. 2623 (6) Alternative Preferences Vegetation, berms, bioengineering techniques, and other 2624 nonstructural alternatives, which preserve the natural character of the shore shall be preferred 1 2625 over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization. 2626 While riprap, rock or other natural materials shall be preferred over concrete revetments, DOC. INDEX . 62 2/1/2008 t City of Yakima 15.27 CAO • 2627 bulkheads, breakwaters and other structural stabilization. 2628 (7) Applications to construct or enlarge dikes or levees shall meet the requirements of § I 2629 15.27.411(7). 2630 (8) Revetments and bulkheads shall be no higher than necessary to protect and stabilize the 2631 shore. 1 2632 (9) Breakwaters shall be constructed of floating or open -pile designs rather than fill, riprap, 2633 or other solid construction methods. 2634 (10) All new flood control projects shall define maintenance responsibilities and a funding I 2635 source for operations, maintenance, and repairs for the life of the project. 2636 2637 15.27.518 Dredging and Excavation 2638 The following provisions shall apply to dredging and excavation within a designated 2639 hydrologically related critical area: 2640 (1) Dredging in surface waters shall be allowed only where necessary: 1 2641 a. Because of existing navigation needs; 2642 b. Habitat improvement; . 2643 c. Maintenance. and I 2644 d. Construction of water dependant uses. 2645 2646 (2) Dredging and excavation shall be confined to the minimum area necessary to accomplish I 2647 the intended purpose or use. 2648 (3) Hydraulic dredging or other techniques that minimize the dispersal and broadcast of 2649 bottom materials shall be preferred over agitation fonns of dredging. I 2650 (4) Curtains and other appropriate mechanisms shall be used to minimize widespread 2651 dispersal of sediments and other dredge materials. 2652 (5) Entries across shore and wetland edges to accomplish dredging or excavation shall be I 2653 confined to the minimum area necessary to gain entry and shall be confined to locations with the 2654 least potential for site disturbance and damage. I 2655 (6) Dredging and excavation shall be scheduled at times having the least impact to fish 2656 during spawning, nesting, and other identified natural processes. 2657 (7) Dredge spoils are also considered fill, and shall not be deposited within the stream except I 2658 where such deposit is in accordance with approved procedures intended to preserve or enhance 2659 wildlife habitat, natural drainage, or other naturally occurring conditions. 2660 I 2661 15.27.519 Filling 2662 The following provisions shall apply to filling activities within a designated hydrologically 2663 related critical area: I 2664 (1) Fill within surface waters or wetlands shall be allowed only where necessary in 2665 conjunction with water - dependent uses, or an approved reclamation plan under § 15.27.521 or 2666 approved compensatory mitigation plan under § 15.27.604. I 2667 (2) Fill for the purpose of increasing elevation may be permitted if it can be accomplished in 2668 a manner consistent with this chapter's policies. 2669 (3) Fill shall be the minimum necessary to accomplish the use or purpose and shall be 2670 confined to areas having the least impact to the stream corridor. Other alternatives should be • 2671 preferred over fill to elevate new homes in the floodplain, such as increasing foundation height 2672 or zero -rise methods such as piers, posts, columns, or other methods. 1 INDEX 1 2 /12008 ,.r� _ 63 • City of Yakima 15.27 CAO 1 2673 (4) Fill in floodplains shall meet the requirements of § Part Four Flood Hazard Areas. 2674 (5) Unless site characteristics dictate otherwise, fill material within surface waters or 2675 wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to 2676 degrade water quality. 2677 (6) Fill placement shall be scheduled at times having the least impact to fish during 2678 spawning, nesting, and other.identified natural processes. 11 2679 (7) Fill and finished surface material shall require low maintenance, provide high resistance 2680 to erosion, and prevent or control the migration of sediments and other material from the fill area 2681 to surrounding water, shore, and wetlands, unless the Washington Department of Fish and 2682 Wildlife indicates other options are preferred. 2683 (8) Projects that propose fill shall make every effort to acquire fill onsite (compensatory 2684 storage) where appropriate. 2685 (9) Fill should not obstruct, cut off, or isolate stream corridor features. 2686 2687 15.27.520 Commercial Mining of Gravels 2688 The following provisions shall apply to the commercial mining of gravels within a designated 2689 hydrologically related critical area: 2690 (1) Prior to the authorization of commercial gravel mining operation, the project proponent 2691 shall provide maps to scale which illustrate the following: 2692 (A) The extent to which gravel excavation and processing will affect or modify existing 2693 stream corridor features, including existing riparian vegetation; 2694 (B) The location, extent and size in acreage of any pond, lake, or feature that will be 2695 created as a result of mining excavation; 2696 (C) The description, location, and extent of any proposed subsequent use that would be 2697 different than existing uses. 2698 (2) Wherever feasible, the operations and any subsequent use or uses shall not cause 2699 permanent impairment or loss of floodwater storage, wetland, or other stream corridor features. 2700 Mitigation shall provide for the feature's replacement at equal value except wetlands which shall 2701 be mitigated according to guidance in the Washington State Department of Ecology's Wetland 2702 Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated). 2703 (3) Any surface mining allowed within the floodway shall meet the standards of § 2704 15.27.411 (2). 2705 (4) Except where authorized by City of Yakima in consultation with the State Department of 2706 Fish and Wildlife and Department of Ecology, the following shall apply: 2707 (A) The excavation zone for the removal of gravels shall be located a minimum of one 2708 hundred feet upland from the ordinary high water mark (OHWM) of the stream channel. 2709 (B) Equipment shall not be operated, stored, refueled, or provided maintenance within 2710 one hundred feet of the OHWM. 2711 (C) Gravel washing, rock - crushing, screening, or stockpiling of gravels shall not occur 2712 within one hundred feet of the OHWM. 2713 (5) Mining proposals shall be consistent with the Washington Department of Natural 2714 Resources Surface Mine Reclamation standards, (WAC 332 -18, RCW 78.44). 2715 2716 15.27.521 Reclamation • ' O 2717 The following guidelines shall apply to the reclamation of disturbed sites resulting from 2718 development activities with a designated hydrologically related critical area: 2,1i2ooa 4 /` 64 1 City of Yakima 15.27 CAO 1 2719 (1) Development, construction, or uses shall include the timely restoration of disturbed 2720 features to a natural condition or to a stabilized condition, which prevents degradation. I 2721 (2) Large -scale projects that extend over several months shall be phased to allow reclamation 2722 of areas where work or operations have been completed. 2723 (3) Reclamation shall be scheduled to address precipitation, meltwater runoff, growing 1 2724 season, and other seasonal variables that influence restoration and recovery. 2725 (4) Topography shall be finished to grades, elevations, and contours consistent with natural 2726 conditions in adjacent and surrounding areas. 1 2727 (5) Where existing development and construction prevent return of a site to its natural 2728 condition, sites may be finished to conditions comparable to surrounding properties 2729 provided suitable protective measures are used to prevent stream corridor degradation. 1 2730 (6) Cut -and -fill slopes shall be stabilized at, or at less than the normal angle of repose for the 2731 materials involved. 2732 (7) The replacement or enhancement of vegetation within wetlands and required vegetative I 2733 buffers shall use naturally occurring, native plant species. 2734 (8) In other parts of the stream, naturally occurring, native plant species shall be used, unless 2735 a showing of good cause acceptable to the Administrative Official or designee is I 2736 provided.. Should good cause be shown then self - maintaining or low- maintenance plant 2737 species compatible with the native vegetation shall be used in place over of non - native • 2738 and high- maintenance species. • 1 1 • • 1 • 1 • I 1 1 1 1 1 2/1 /2008 65 - 1 Ci ty of Yakima 15.27 CAO • 2739 CHAPTER 15.27 2740 PART SIX 2741 WETLANDS 2742 2743 Sections Defined: 2744 15.27.600 Purpose and Intent 1 2745 15.27.601 Designating and Mapping 2746 15.27.602 Protection Approach 2747 15.27.603 Wetland Functions and Rating 1 2748 15.27.604 Compensatory Mitigation 2749 15.27.605 Wetland Mitigation Banks 2750 1 2751 15.27.600 Purpose and Intent - The purpose and intent of the provisions protecting wetland 2752 critical areas is equivalent to the purpose and intent for § 15.27.500. 2753 11 2754 15.27.601 Designating and Mapping 2755 1) Wetlands are all areas meeting the definition for wetlands as defined in § 15.27.299 and 2756 are hereby designated critical areas which are subject to the provisions of this chapter. 2757 Except the following: 2758 A) Irrigation systems that create an artificial wetlands. 2759 B) Areas where changes in irrigation practices have caused wetland areas to dry up. 2760 2) The approximate location and extent of wetlands are shown on maps maintained by The 2761 City of Yakima. These maps may include information from the National Wetlands 2762 Inventory produced by the U.S. Fish and Wildlife Service and are to be used as a guide 2763 for the City of Yakima. 2764 2765 15.27.602 Protection Approach 2766 Wetlands will be protected using the Protection Approach for Hydrologically Related Critical 2767 Areas found in § 15.27.501. Wetlands and their functions will be protected using the standards 2768 found in Part Four. 2769 2770 15.27.603 Wetland Functions and Rating 2771 1) Wetlands are unique landscape features that are the interface between the aquatic and 2772 terrestrial environments. Wetlands provide the following functions: 2773 a) Biogeochemical functions, which improve water quality in the watershed (such as 2774 nutrient retention and transformation, sediment retention, metals and toxics 2775 retention and transformation). 2776 b) Hydrologic functions, which maintain the water regime in a watershed, such as 2777 flood flow attenuation, decreasing erosion, and groundwater recharge. 2778 c) Food and habitat functions, which includes habitat for invertebrates, amphibians, 2779 anadromous fish, resident fish, birds, and mammals. 2780 2) Wetlands shall be rated based on categories that reflect the functions and values of each 2781 wetland and shall be based on the criteria provide in the Washington State Wetland 2782 Rating System for Eastern Washington, revised August 2004 (Ecology Publication #04- 2783 06 -15 which are summarized below: O DOC 2/1;2008 1N ;D-1 X 66 1 City' of Yakima 15.27 CAO 1 2784 a) Category I wetlands are more sensitive to disturbance than most wetlands, are 2785 relatively undisturbed, and contain ecological attributes that are difficult to replace. I 2786 Generally, these wetlands are not common and make up a very small percentage of 2787 the wetlands within the City of Yakima. The following types of wetlands are 2788 classified as Category I: 1 2789 i.Wetlands scoring 70 points or more (out of 100) in the Eastern Washington 2790 Wetland Rating System ( EWWRS); 2791 ii. Alkali wetlands; . 1 2792 iii. Natural heritage wetlands (wetlands identified by Washington Department of 2793 Natural Resources Natural Heritage Program scientists); and 2794 iv. Bogs. • 1 2795 b) Category II wetlands are difficult but not impossible to replace and provide high 2796 levels of some functions. Category II wetlands include: 2797 i.Wetlands scoring between 51 -69 points (out of 100) in the EWWRS; and I 2798 ii. Unassociated vernal pools. 2799 iii. Forested Wetlands - 2800 c) Category III wetlands are often smaller, less diverse and /or more isolated from other 1 2801 natural resources. Category III wetlands include:, 2802. i. Wetlands with a moderate level of functions (scoring between 30 -50 points) in 2803 the EWWRS; and 1 2804 ii. Associated vernal pools. 2805 d) Category IV wetlands have the lowest levels of functions, scoring less than 30 I 2806 points in the EWWRS. Category IV wetlands are often heavily disturbed and are 2807 wetlands that should be able to be replaced. 2808 3) Wetlands shall be rated, as they exist on the day of project application submission. I 2809 . Information regarding the original condition of illegally modified wetlands that can not 2810 be discerned from aerial photographs or other reliable information sources shall use the 2811 highest appropriate points value within each missing data field of the EWWRS rating 2812 sheet to complete the rating. _ • 2813 2814 15.27.604 Compensatory Mitigation Requirements — Projects that propose compensation for 1 2815 wetland acreage and /or functions are subject to State and Federal regulations. Compensatory 2816 mitigation for alterations to wetlands shall provide for a no net loss of wetland functions and 2817 values, and must be consistent with the mitigation plan requirements of § 15.27.314(13). The 1 2818 following documents were developed to assist applicants in meeting the above requirements. 2819 1) Compensatory mitigation plans must be consistent with Guidance on Wetland Mitigation 2820 in Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and 1 2821 Proposals or as revised (Washington State Department of Ecology, U.S. Army Corps of 2822 Engineers Seattle District, and U.S. Environmental Protection Agency Region 10; 2823 Ecology publication number 04- 06 -013B - 1 2824 http: / /www.ecy.wa.gov/ programs / sea/ bas_wetlands /volume2final.html). 2825 2) Compensatory mitigation application and ratios for mitigation of wetlands shall be 2826 consistent with "Wetlands in Washington State - Volume 2: Guidance for Protecting and 1 2827 Managing Wetlands — Appendix 8 -D- § 8-D3" or as revised (Washington State • 2828 Department of Ecology. Publication number 05 -06 -008 - 2829 http:// www. ecy. wa. gov/ programs / sea/ bas_wetlands /volume2final.html). , 1 , I nr' 67 2/1/2008 1 Z -/ D City of Yakima 15.27 CAO 2830 11 2831 15.27.605 Wetland Mitigation Banks 2832 1) Credits from a wetland mitigation bank may be approved for use as compensation for 11 2833 unavoidable impacts to wetlands when: 2834 a) The bank is certified under RCW 90.84 or WAC 173 -700; 2835 b) The Administrative Official determines that the wetland mitigation bank can 2836 provide appropriate compensation for the authorized impacts; and 2837 c) The proposed use of credits is consistent with the terns and conditions of the 2838 . bank's certification. 2839 2) Replacement ratios for projects using bank credits shall be consistent with replacement - 2840 ratios specified in the bank's certification. 2841 3) Credits from.a certified wetland mitigation bank may be used to compensate for impacts • 2842 located within the service area specified in the bank's certification. In some cases, bank 2843 service areas may include portions of more than one adjacent drainage basin for specific 2844 wetland functions. D D 1 D 11 • 1 1 D D D DOL INDEX 2 /1/2008 68 1 City of Yakima 15.27 CAO O I 2845 CHAPTER 15.27 2846 PART SEVEN I 2847 GEOLOGICALLY HAZARDOUS AREAS . 2848 • 2849 Sections Defined: . I 2850 15.27.700 Purpose and Intent 2851 15.27.701 Mapping and Designation 2852 15.27.702 Geologically Hazardous Areas Protection Approach I 2853 15.27.703 Development Review Procedure for Geologically Hazardous Areas 2854 15.27.704 General Protection Requirements 2855 I 2856 15.27.700 Purpose and Intent 2857 1. Geologically hazardous areas include those areas susceptible to erosion, sliding, 2858 earthquake or other geological events. These areas pose a threat to the health and safety I 2859 of the City of Yakima's citizens when incompatible development is sited in significantly 2860 • hazardous areas. When mitigation is not feasible, development within geologically 2861 hazardous areas should be avoided. I 2862 2. The purpose of this section is to: • 2863 a. Minimize risks to public health and safety and reduce the risk of property damage I 2864 by regulating development within geologically hazardous areas; 2865 b. Maintain natural geological processes while protecting new and existing 2866 development; and . 2867 c. Establish review procedures for development proposals in geologically hazardous I 2868 areas. 2869 4) This section does not imply that land outside mapped geologically hazardous areas or I 2870 uses permitted within such areas will be without risk. This section shall not create 2871 liability on the part of the City of Yakima, any officer, or employee thereof for any • 2872 damages that result from reliance on this chapter or any administrative decision lawfully I 2873 made hereunder. 2874 2875 15.27.701 Mapping and Designation 2876 1) Geologically hazardous areas are areas that are susceptible to one or more of the following, II 2877 based on WAC 365- 190- 080(4)(b) -(h): 2878 a) Erosion hazards; . I 2879 b) Landslide hazards, which include: 2880 - i. over steepened slopes; 2881 ' ii. alluvial fan /flash flooding; 1 2882 iii. avalanche; and 2883 iv. stream undercutting 2884 c) Seismic hazards (referred to below as earthquake hazards); - • 2885 d) Volcanic hazards; 2886 2) The approximate location and extent of erosion hazard areas are shown on the City of 2887 Yakima's critical area map titled "Erosion Hazard Areas of the City of Yakima''. Erosion 1 2888 hazard areas were identified by using the "Soil Survey of Yakima County Area, 2889 Washington and the "Soil Survey of Yakima Indian Reservation Irrigated Area, 1 DOS, INDEX 1 2/1/2008 _., 69 • City of Yakima 15.27 CAO 2890 Washington, Part of Yakima County". The analysis utilized the general soil map unit 2891 descriptions of severe and very severe hazard of water erosion. 2892 3) The approximate location and extent of Geologically Hazardous Areas are shown on the 1 2893 City's critical area map titled "Geologically Hazardous Areas of the City of Yakima ". The 2894 following geologically hazardous areas have been mapped and classified using the criteria . 2895 found in WAC 365 - 190- 080(4)(b) -(h): 1 2896 a) Landslide hazard areas (LS) — These include places where landslides, debris flows, 2897 or slumps have occurred. 2898 i. High Risk areas (LS3) are defined as areas that are presumed to have had a 2899 landslide, debris flow, or slump within 10,000 years or less. 2900 ii. Intermediate Risk areas (LS2) are defined as areas where landslides, 2901 debris flows, or slumps are older than 10,000 years, but are still capable of . 2902 movement. 2903 iii. Low Risk areas are defined as areas unlikely to fail. These areas are 2904 unlabeled and combined with other Low Risk categories. 2905 2906 b) Over steepened slope hazard areas (OS) - These include areas with slopes steep 2907 enough to create a potential problem. 2908 i. High Risk areas (0S3) are defined as: Having a high potential to fail, 2909 include slopes greater than 40 %, and consist of areas of rock fall, creep, 2910 • and places underlain with unstable materials. I 2911 ii. Intermediate Risk areas (0S2) are defined as: Areas less likely to fail but 2912 are still potentially hazardous. This category includes slopes between 2913 15% and 40 %. 2914 iii. Low Risk areas are defined as: Areas unlikely to fail. These areas are 2915 unlabeled and combined with other Low Risk categories. 2916 c) Alluvial fan /flash flooding hazard areas (AF) - These areas include locations where 2917 flash floods can occur and are often associated with inundation by debris from 2918 flooding. These area may include: III 2919 i. Alluvial fans; 2920 ii. Canyons; 2921 iii. Gullies; and 2922 iv. Small streams where catastrophic flooding can occur. 2923 d) Avalanche risk hazard areas (AR) - Areas of avalanche hazards are limited to areas 2924 near Cascade Crest, which are currently located outside the City of Yakima's UGA. 111 2925 e) Stream undercutting hazard areas (SU) - These areas are confined to banks near 2926 main streams and rivers where undercutting of soft materials may result. 2927 i. High Risk areas (SU3) include steep banks of soft material adjacent to a 2928 present stream courses. 2929 ii. Intermediate Risk areas (SU2) are banks along the edge of a flood plain 2930 but away from the present river course. a 2931 Low Risk areas are unlabeled and combined with other Low Risk areas on the maps. 2932 f) Earthquake activity hazard areas (EA) - Recorded earthquake activity in the City of 2933 Yakima is mostly marked by low magnitude events and thus low seismic risk. The o. 2934 City of Yakima's Low Risk, areas are unlabeled, and combined with other low risk 2935 hazards. DOC. 1 INDEX 2/1/2008 f# Cl 1 70 1 City of Yakima 15.27 CAO 1 2936 g) Suspected geologic hazard areas (SUS) — These are areas for which detailed 2937 geologic mapping is deficient but preliminary data indicate a potential hazard may 1 2938 exist. No risk assessment (1 -2 -3) is given for these areas. Most are probably OS or LS 2939 hazards. 2940 h) Risk unknown hazard areas (UNK) - This category is limited to areas where 2941 geologic mapping is lacking or is insufficient to make a determination. All of these 2942 areas are associated with other classified geologic hazards. 2943 1 2944 4) Volcanic Hazard Areas are not mapped but are defined as areas subject to pyroclastic 2945 Mimed by volcanic explosion) flows, lava flows and inundation by debris flows, 2946 mudflows or related flooding resulting from volcanic activity. Volcanic Hazard Areas in I 2947 the City of Yakima are limited to pyroclastic (ash) deposits. No specific protection 2948 s requirements are identified for volcanic hazard areas. 2949 I 2950 15.27.702 Geologically Hazardous Areas Protection Approach 2951 The geologically hazardous areas protection approach can be met by following the guidelines 2952 below and by implementing the appropriate sections of the Building Code as adopted in I 2953 YMC Title 11. 2954 1) . Erosion hazard areas — Protection measures for erosion hazard areas will be 2955 accomplished by implementing the regulatory standards for erosion and drainage control I 2956 required under YMC Title 11 Building Code. Title 11 requirements can be met by the 2957 application of the Best Management Practices (BMPs) in the Eastern Washington I 2958 Stormwater Manual (WDOE Publication number 04 -10 -076); equivalent manual adopted 2959 by the City of Yakima; or any other approved manual deemed appropriate by the 2960 Building Official. 1 2961 2) Landslide hazard areas - Protection measures for landslide hazard areas will be 2962 accomplished through the review process of § 15.27.703, by implementing the 2963 development standards of § 15.27.704, • 1 2964 3) Alluvial fan /flash flooding hazard areas - Protection measures for alluvial fan /flash 2965 flooding hazard areas will be accomplished through the review process of § 15.27.09.04. 2966 4) Stream undercutting hazard areas - Protection measures for stream undercutting 1 2967 hazard areas will be accomplished by Critical Areas review for flood hazards, streams, . 2968 and Shoreline jurisdiction. 2969 5) Avalanche hazard areas - This condition is outside the City of Yakima's UGA and, 1 2970 therefore, does not apply. 2971 6) Oversteepened slope hazard areas - Protection measures for oversteepened slope 2972 hazard areas will be accomplished through the review process of § 15.27.703, by 1 2973 implementing the development standards of § 15.27.704. 2974 7) Earthquake /Seismic hazard area protection standards - Protection measures for 2975 earthquake /seismic hazard areas will be accomplished by implementing the appropriate 1 2976 sections of the Building Code as adopted in YMC Title 11. 2977 8) Suspected geologic hazard areas and Risk unknown hazard areas - Protection 2978 measures for suspected geologic hazard areas and risk unknown hazard areas will be I 2979 accomplished through the review process of § 15.27.703 and by implementing the 2980 development standards of § 15.27.704. 2981 1 DOC. INDEX 1 2/1/2008 (7 / 71 • City of Yakima 15.27 CAO 1 2982 15.27.703 Development Review Procedure for Geologically Hazardous Areas 0 P b Y 2983 1) The Administrative Official shall make a Determination of Hazard to confirm whether. 2984 the development or its associated facilities (building access roads, limits of grading/ O 2985 excavation/ filling, retaining walls, septic drainfields, landscaping, etc.) are: 2986 a) located within a mapped geologically hazardous area; 2987 b) abutting or adjacent to a mapped geologically hazardous area and may result in or 1 2988 contribute to an increase in hazard, or pose a risk to life and property on or off the 2989 site; 2990 c) located within a distance from the base of an adjacent landslide hazard area equal to 2991 the vertical relief of said hazard area; or 2992 d) located within the potential run -out path of a mapped avalanche hazard. 2993 2) Developments that receive an affirmative Determination of Hazard by the Administrative O 2994 Official under subsection (1) above, must conduct a Geologic Hazard Report as provided 2995 in § 15.27.315(3), which may be part of a GeoTechnical Report required below. 2996 a) If the Geologic Hazard Report determines that no hazard exists or that the project III 2997 area lies outside the hazard, then no Geologic Hazard review is needed. 2998 b) The Administrative Official is authorized to waive further Geologic Hazard review D 2999 for over steepened slopes on the basis that the hazards identified by the Geologic 3000 Hazard report will be adequately mitigated through the issuance of a grading or 3001 construction permit. 3002 3) Developments that receive an affirmative Determination of Hazard, but do not meet the ii 3003 provisions of paragraph 2a or 2b above, must: 3004 a) Obtain a Critical Areas Development Authorization under Part Three; 0 3005 b) Submit a GeoTechnical Report that is suitable for obtaining grading and construction 3006 permits that will be required for development; 3007 i).The geo- technical report shall incorporate a submitted assessment,. which O 3008 _ includes the design of all facilities; 3009 ii) A description and analysis of the risk associated with the measures 3010 proposed to mitigate the hazards, and a 3011 iii) Ensure the public safety, and protect property and other critical areas. 3012 c) Be consistent with § 15.27.704. 3013 D 3014 15.27.704 General Protection Requirements 3015 1) Grading, construction, and development and their associated facilities shall not be located 3016 in a geologically hazardous area, or any.associated setback for the project recommended D 3017 by the GeoTechnical Report, unless the applicant demonstrates that the development is 3018 structurally safe from the potential hazard, and that the development will not increase the 3019 hazard risk onsite or off -site. a 3020 2) Development shall be directed toward portions of parcels, or parcels under contiguous 3021 ownership, that are at the least risk of hazard in preference to lands with higher risk, 3022 unless determined to be infeasible in the GeoTechnical Report. 3023 3) The GeoTechnical Report shall incorporate methods to ensure that education about the 3024 hazard and any recommended buildable area for future landowners is provided. 3025 4) The applicable requirements of grading and construction peiniits for developments in o 3026 hazardous areas must be included in the development proposal and GeoTechnical Report. 11 DO3 INDEX 7 2 • 4+ 1 City of Yakima 15.27 CAO 3027 CHAPTER 15.27 . 3028 PART EIGHT I 3029 CRITICAL AQUIFER RECHARGE AREAS (CARA) . 3030 . 3031 Sections Defined: 1 3032 15.27.800 Purpose and Intent 3033 15.27.801 Mapping 3034 15.27.802 Protection Approach 1 3035 3036 15.27.800 Purpose and Intent 3037 1) The Growth Management Act (RCW 36.70A) requires local jurisdictions to protect areas I 3038 with a critical recharging effect on aquifers used for potable water, or areas where a 3039 drinking aquifers are vulnerable to contamination. These areas are referred to as Critical 3040 Aquifer Recharge Areas (CARA) in this section. I 3041 2) Potable water is an essential life sustaining element and much of the City of Yakima's 3042 drinking water comes from groundwater supplies. Once groundwater is contaminated it I 3043 can be difficult and costly to clean. In some cases, the quality of groundwater in an 3044 aquifer is inextricably linked to its recharge area. 3045 3) The intent of this section into: I 3046 a. Preserve, protect, and conserve the City of Yakima's CARA from contamination; 3047 b. Establish a protection approach that emphasizes the use of existing laws and 3048 regulations while minimizing the use of new regulations. I 3049 4) It is not the intent of this ordinance to: 3050 a. Regulate everyday activities (including the use of potentially hazardous 3051 substances that are used in accordance with State and Federal regulations and I 3052 label specifications); . 3053 b. Enforce or prevent illegal activities; 3054 c. Regulate land uses that use or store small volumes of hazardous substances 1 3055 (including in -field agricultural chemical storage facilities, which do not require 3056 permits, or are already covered under existing state, federal, or county review 3057 processes and have detailed permit review); 1 3058 d. Establish additional review for septic systems, which are covered under existing 3059 City of Yakima review processes; 3060 e. Establish additional review for stormwater control, which is covered under 11 3061 - existing review processes and has detailed permit review, or; 3062 f. Require review for uses that do not need building permits and /or zoning review. 3063 The above items are deemed to have small risks of CARA contamination or are beyond • 3064 the development review system's ability to control. 3065 3066 15.27.801 Mapping 1 3067. 1) Mapping Methodology — The CARA is depicted in the map titled "Critical Aquifer 3068 Recharge Areas of the City of Yakima" located within the City's 2006 Comprehensive 3069 Plan. The CARA map was developed through a geographic information system (GIS) 1 3070 analysis using the methodology outlined in the Washington Department of Ecology • 3071 "Guidance Document for the Establishment of Critical Aquifer Recharge Area 3072 Ordinances" (Publication #97 -30). The approximate location and extent of critical aquifer I DC.)C !NOD, I 2/1/2008 73 City of Yakima II a 15.27 CAO 3073 recharge areas are depicted on the above - mentioned map, and are to be used solely as a 3074 guide for the City. The CARA map estimates areas of moderate, high, and extreme 3075 susceptibility of contamination, as well as, wellhead protection areas. In characterizing 1 3076 the hydrogeologic susceptibility of these recharge areas with regard to contamination, the 3077 following physical characteristics were utilized: 3078 a) Depth to ground water; 3079 _ b) Soil (texture, permeability, and contaminant attenuation properties); 3080 c) Geologic material permeability; 3081 d) Recharge (amount of water applied to the land surface, including precipitation and 3082 irrigation). 3083 3084 2) Wellhead Protection Areas - The CARA map includes those Wellhead Protection Areas II 3085 for which the City of Yakima has maps. Wellhead Protection Areas are required for all 3086 Class A public water, systems in the State of Washington. The determination of a 3087 wellhead protection area is based upon the time of travel of a water particle from its 3088 source to the well. Water purveyors collect site - specific information to determine the 3089 susceptibility of the water source to surface sources of contamination. Water sources are 3090 ranked by the Washington State Department of Health with a high, moderate or low 3091 susceptibility to surface contamination. Wellhead protection areas are defined by the 3092 boundaries of the ten (10) year time of ground water travel, in accordance with WAC 3093 246- 290 -135. For purposes of this chapter, all wellhead protection areas shall be 1M 3094 considered highly susceptible. 3095 3096 15.27.802 Protection Approach 3097 . 1) Maps shall be used only as an informational resource to communicate with applicants 3098 regarding potential problems in meeting the applicable laws on a particular site. The 0 3099 maps indicate that areas of high susceptibility tend to be located in valley bottoms and 3100 follow along floodplain and stream corridors. Extreme susceptibility locations are located 3101 largely within floodplains, and along streams and wetlands. O 3102 2) Land uses are subject to many existing, federal, state, local, or tribal laws regarding the 3103 handling of substances that may contaminate CARAs. Disclosure, educational 3104 information, and coordination of existing laws during existing review processes can o 3105 accomplish the requirement to protect the CARA. Consequently, the City of Yakima's 3106 protection of the CARA shall be accomplished through normal project permit review 3107 under various Yakima Municipal Codes, especially the stream protection standards in o 3108 Part Five Fish and Wildlife Habitat and the Stream Corridor System, including § 3109 15.27.508 Prohibited Uses, Title 11 Building Code, which provides detailed construction, 3110 use, and fire /life- safety standards for the storage and handling of dangerous and 3111 hazardous substances to a greater extent than most existing state and federal laws. 3112 3) The Administrative Official shall develop and maintain a list of the relevant laws noted 3113 above. This list shall be informational, and is intended to be used in coordination with 1 3114 development permit review. This list shall be periodically reviewed and updated so as to 3115 provide the most comprehensive list possible to inform project applicants of the 3116 requirements of other agencies. 1 _D7`,. 11 2/1/2008 INDEX 74 City of Yakima 15.27 CAO • I 31 17 4) The Administrative Official shall also develop and maintain a table of land uses with the 31 18 potential of being subject to the relevant laws noted above. The table shall be generated 1 3119 and maintained using the intent stated in § 15.27.800(4) Purpose and Intent. 3120 5) The Building Official and Water /Irrigation Manager shall cooperatively develop 3121 questionnaires, to be filled out by new development permit applicants, which II 3122 comprehensively establish the potential use, storage, and handling methods within the 3123 project for substances that have the potential to contaminate groundwater. The 3124 questionnaires are intended to ensure full application of existing building and 111 3125 construction codes related to such substances in order to forestall new regulations. 3126 6) The Building Official and Water /Irrigation Manager shall develop technical assistance 3127 and information materials to assist landowners and developers with understanding and I 3128 meeting relevant existing federal, state, and local laws relating to CARAs. 3129 • 3130 II 3131 3132 . 3133 I 3134 3135 3136 I 3137 3138 3139 3140 3141 1 3142 3143 3144 3145 I 3146 . 3147 3148 II 3149 _ 3150 ' 3151 3152 3153 I 3154 3155 3156 3157 3158 3159 I 3160 3161 3162 DO( INDEX 2/1/2008 City of Yakima 15.27 CAO 3163 11 3164 CITY OF YAKIMA 3165 CRITICAL AREAS ORDINANCE 3166 Appendix A 3167 Designated Type 2 Stream Corridors 3168 The following stream reaches within Yakima County are designated critical areas under the City 3169 of Yakima's Critical Areas Ordinance. 3170 1. BACHELOR CREEK: From source at Ahtanum Creek (SEC13- 3171 TWP 12N -RGE 16 EWM) downstream to its 3172 mouth at Ahtanum Creek (SEC l -TWP 12N- 3173 RGE18E). 3174 3175 3. COTTONWOOD CANYON CREEK: From the south line of SEC32- TWP13N- 3176 RGE17E, downstream to mouth at Wide 3177 Hollow Creek (SEC36- TWP13N- RGE17E). 3178 3179 6. HATTON CREEK: From its source at Ahtanum Creek (SEC18- 3180 TWP12N- RGE17) downstream to its 3181 confluence with Ahtanum Creek (SEC18- 3182 TWP12N- RGE18E). 3183 3184 8. WIDE HOLLOW CREEK: From the east line of the SW1 /4 of the 3185 NW1 /4 (SEC28- TWP13N- RGE17E) 3186 downstream to the mouth at the Yakima 3187 River. 3188 3189 1 11 11 11 • 1 DO(, INDEX 2/1/2008 76 1 City of Yakima ' 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 EXHIBIT LIST ' CHAPTER H Maps 1 EXHIBIT DOCUMENT DATE H -1 Maps 1 1 1 1 - 1 1 . 1 1 1 1 1 GIN • • IIIII 111110 \i, _ \ ci....„. ., y OGS QG RG/�'9C RIVER RD ii I w a _ WI El ST I CASTLEVALE RD SS 0. ri: \ a ENGLEWOOD AVE. a w °' — R - L r Z SC M D TERRACE F �GR z w ' W:LIWWOLNAVE ,s \W 0.00 op ( p`PVO, UMMITVIEW AVE w a 4 V � ce 2 W a z �yP `MpP w r z dt (A ' z Z " TIETON DR n w w i > . rn " a < w o c a = z F a �, W no cn r n _ I ,AP ■ U 0 - - W NOB HILL BLVD N A w. _ < ,: .A . E NOB HILL BLVD �' N H F Q w E VIOLA AVE � r 0 y` O K 0 T WMEADAVE E ; w cn ?IER RD a w Z, 1 to } . SPRING CREEK RD Y E • —_ I w WA$HBVGTON AVE - WASHI ON AVE ct _ / COOLIDGE RD w I , Q \ I OCCIDENTAL RD O - l PONE R ST VAA, Y 1• 1 BLVD m AHT4NUM 12D I — J r_ WAHTA \M RD _ \ �9 --- '- Yakima Wetlands ',i , -, A I I I I i1 _ , Yakima Urban Area 1� Yakima Urban Growth Ar Palustrine Comprehensive Plan `' - .4. DOG. Yakima City Limits Lacustrine Limnetic 0 1,125 2,250 4,500 6.750 9.000 _ Riverine Lower Perennial INDEX Map X -1 IFeet 1111 R iverine U I Wetlands Riverine Perennial # �' MINI —..w it 11111 r 111111 ON • r MI 011111 it v 2. , RIVER RD . W I ..� _ ! E ST / gUT1'ttFTEL° 143 �� �`�. ©R .U!:. ' OASTLEVALErRD . �, tit.. . "'', w. ` ENG4EWDOD R �, ._ 2 ¢ UJ . , 0 - tz ENGLEWOOD'AVE ? I ' -t; k . z � d, ID. re .. .. MuK'R`. m , TERRACE HGT D R z ' ;W E LINCOI NAVE . JP PK\MP - ... - ,, SUMMITVIEWAVE W JE Y � N j �tt , cc o, A z y} m ; a, Z - z co w , t t w • + w � , • TIITON OR 2 w w • > > Q ;PAOIFIO AVE 0' a o ' • S Z.I. ea ur U in * L 1 . o) . m N Ir. w W1VO6HIL BLVD' 1A .a. >` .... ¢ . _1- .. r E y _OW RD o y / /i /ii w � I p�... N�'MLL Bpi. : i %'u.. • ezv / / " / / / Iii to' a h ..,�^`. / /i. '' /� °'.. . yr E VIOLA qV in. � 1 1 w j�n �/� . . WME HMEAb AVE J ��' ZIER RD LJ_ i . /� G� / " N � ... _ _ ._. a : 1 ,.�� ____it..._ W WASHINGTON AVE � �� � rn _ GCREEK RD VJ PII�SHINGiON qVH \'•.E WASHI TON AVE COOLIDGE RD ._ ' /'!� ` Priority Habitats and Widlife Species Areas F' 5 t \ have bee mapped based upon h information OCCIDENTAL no o: \• iled ° ` provided by the Slate of Washington tu ur "' PIDNEi =R ST W V R EV MA B BL Department 01 Wildlife, Priority Habitat _ w / /j - by Species tate Wildlife Office based upon IT \ actual field work and observation. m AHTANUM RD _ A total f 15 ti w - a o species were studied . - Q . p•- - --- -- -- — — V V.AH7 q ` RD and mapped in Eastern Washirgton for x 6 i - ' �. —t " ` urbaninzing areas. Species inventoried m include only those considered of State _ � � or Federal significance. Disclosure of mt i} ��� �) the specific animal associated with the \ I MITI State IMkllge Office, for the protection Oil 11 of the endangered species. :II I �Ill'- However, the upper valley of Yakima was \ found to contain the following species: Bald Eagle, Ferruginous Hawk. Golden Eagle, dOKj \ Great Blue Heron, Prarie Falcon and the Ring-Necked Snake. Yakima MO Q Habitat Yakima Urban Area Ya City Limits City of Yakima Habit /►, i I I I ► /,r,� 1..� .1 Habitat Area DEC, Comprehensive Plan s Y akima Urban Growth Area / � Yakima Urban Growth Area V' „ Roosting Areas INDEX o 1,250 2,500 5,000 7,500 to,o0o # Outside Urban Growth Area �4 Areas of Observed Presence Map X -L , Feet N.....) Habitat MN MI — M r OM E = N - -- r M .-MIIII, --r r , -MI 1 S---_ 4 s o 0 1 i 1 i , la t ill ll - I '�- RIVER RD w ji x - WI _" 'El OS OASTLEVAGE RD . o z; a a v - Z N 39, TERRACE. • F z ij w. j W. WUNWb4N:• C .W M �}c 1P yP K`ord' cc ve 1 SUMMITVIEW AVE ¢ a 0 z 5: a: GYP � tYP,A3E aw , ' "w > ; Lu n 1 i . Z . Q . 2 - co 6 q ua Y . 1. C per, a i i6 _._ _ .... .t TIETON DR w •`�.-� w en to co co x ~ w PACIFIC' AVE U �� \ w WNo& HELL'BLVD c > . > - - a , 0- E NORMILL BLVD WIDE HOLLOW RD ,7 - co co I p. S w = N E VIOLA AVE ,� H le x a a co w m -Q WMEADAVE MEA.AV co to p ec Z. . . , i r e T d ..'D W r, . HINGfiON •V: to Cll E WASHI - ON AVE sil ' 10% COOLIDGE RD a w - OCCIDENTAL RD 0 w PIONEER ST u, - ik VAIL ALL BLVD H co o II m \ 0 w AHTANUM R - e.,:' n o'�I, i M � • WAHTA I RD 1 r ti j'-� Yakima " �� _ � Yakima City Limits Streams & Watebodies Yakima Ur Area � " ��. ' 11 r��� : Yakima Urban Growth Area Com prehensive Plan g....... 0 1050 2,100 4,200 6,300 6,400 ' Four Party Sewer Agreement DO^, Map X -3 Fee` f NDEX Streams & # ti 1 Waterbodies VW '1111111 — 1011i " l . . —.�.r — . •. MINI IN MB NMI M III 44. • A�� • •�i do ' 1/44 , ;• ._- #4 . L� ♦• ♦a♦• G ` ``♦ ` *:♦� ♦: ♦:.∎ . f • . * ' 4 4 _ _ � o �� - a •. �p�: ♦ . ,` .. 4 ♦` - I SF R i 1 k ' •• '�� ♦ ♦ ♦� ♦�4 1 + aR - . -, _ CASTLEVALE RD Z -r W I , IE I $� . � � .► ♦:' ♦•:� ♦') ♦ ♦ �' ♦ ♦• • ♦♦♦♦t,• w' ENGL,EW©ODAVE 'F' , ?j �'- �`� ► ♦ ♦� -,... ♦ ♦ ♦♦ ♦ ♦��� ♦ ow sosi • 'a o EI YOL � woaD AVE ' A • ♦ C � t♦ �' ♦ ♦ ♦ ♦ .� ♦ ♦ ♦ t � 1 *� ♦ \ W- , WL p Si . P "pVE ♦� .-- 8 � ♦ ♦ ♦g∎• ♦ ♦ ♦ 4 .UMMITVIEW AVE •V <: i • � • ♦ ♦ ♦ ♦. ♦ '$ ♦ ♦!‘ ♦ ♦ ♦♦ a o z L C i t ' 1 I t i " t - --_ P Or � dl 4. 4 C S � ; 1 .• ♦` ♦ ♦ ♦ ♦ ♦ . • > 0 i e S 'r.- r =: V'( - z1- , ♦ ♦ O 10 ..' • ♦ ♦ ♦ f ;-►� ♦� ♦� ♦�/ ` 4 z, f G s ♦j ♦ ♦♦ • ♦ ♦ ♦ ♦�� ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦t� ♦ � • to Z n. w = Z �_ i i_ U1 • ' ' � ♦ ♦ • � ♦ 4 •O L S , '' TIETO m , l r-- � _ �� ♦i ♦� ♦ ♦ ♦ • `; I �, PAGIPit AVE 4 4{ 4 immumerwo . 1 1 ♦ ♦ ♦ ♦�� ► ♦ ♦ ♦ ♦ ♦ ♦ I- L 4 ` 1 N■■■ ■ ■■ T $ - � t , ♦ fit �L� ♦� ♦�� ♦� � ♦� ♦ � to :; : � : , N I i O■N■.. i i ni ! 0_ 1 l -- � , ♦ ♦ ♦ ♦ � ♦ •� �♦ ♦ ♦ � l ♦ ► ♦ ♦ e• ■ - W N O B HILL BLVD _. --- r � � - ■/ ■■ I `� ; E NOt# HILL BLVD -.�• • • Q ♦ ♦ ♦ I • ' 4 d� • •�I►.�,!� ' \ -: WMEADA1/E. MEA.AVE ♦ ∎`• ♦♦ ■ w . • o •� �11 �� I ZIER R < � co w Ems. _- _ •� a z' ♦� ♦�. +� ♦ ♦ ! • * `� 2 ! as ► ♦ f < ♦ � � r����� • ► ♦ ♦ ♦'% - - W WASHINGTON AVE •�,� � ,,� ♦ ♦_�� ♦�� � `� • ♦ � W - HINGTON AV � WASH! ON AVE cc 1 • ♦ ♦' , 14 4> � 11- a •; 6. � r♦ I♦ ♦ � w COOLIDGE RD' ♦ ♦ ♦ ♦A ♦�� ♦'� - is •,,..i.....4 ♦ n ♦ ♦ � ♦ ♦�' 4 �.� • J � � . ♦ ♦♦ • > N ♦ ♦ � � • �� ♦ ■ � ♦ . PIONdER ST ri AL' BLVD ♦ ♦ ♦ ♦ ♦ 4 ♦' 40/4* - ' � \ ♦ ♦ • fi ♦ ♦ ♦♦ h.Tf�. • HTA RD fl � �'�♦ • ..O _4 „, ♦ ♦ ♦ , �♦ 4 ■ , •� , \ , , ' ' , 1•• , , •A • • ♦� / ♦� • � "- ��� ♦� ♦ � ♦ ♦ ♦ i • '''''.4 ..... 4 4 . .... „,..., ... • -. -. .- � -� �� _ -__- p' *• �� �o .�� -� _. WAHTA �. ■ ■11 ♦i ♦ ♦ ♦ ♦1 � ♦�� - ♦ ♦ ♦ ♦ �♦ ♦♦ham , .'� ._. . _ ♦ • • " ' toil ♦ � ' ♦ i i 1 ♦� ♦��♦ ♦- •i\' �• i ♦. ic► ��i=� ` � \ ul ♦ 401.4 t•.•" i � ♦ � ♦ � ♦ � • � • 4_�a.�..•:.:*�• . a ?� ! s!! �r��� :t � �t \ lul�ca: 014,4V; ) 40 11 4 o _ 11111! • ••P_♦ * � * • ,! •■ �t ii j Ys i . 1 Yakima Urban Growth Area City of Yakima ♦♦ ♦j! FEMA 100 Year Floodplain Yakima Urban Area ,,' A '1 II I. Yakima City Limits Yakima Urban Growth Area . Rivers Comprehensive Plan DOC. 0 ,,oso 2,100 4,200 6,300 8.400 Outside Urban Growth Area INDEX Map X -4 Fe81 Floodplains # L-i -1 —UM -- .IIIIIII—.MI - --MI - - �� OM MI • MI OM j I • l.. A Ilk , — • 1 • FRhp --4.... 44 RIVER RD - 5.7'1 • CASTLEVALE RD 1 g - r WIS' EIS7 Uf tERF1ElO RD z GSj w '1"( E i o > A x \ w y Oy H Z 2 w rc m ENGLEWOOD AVE R " O G z ENGLEW000 AVE \ N'I TA I r k z Li' z SF� any EM`K � 0. .r'�' m TE'RACE HGTS DR ti T. a WLINCOLN AVE 1R P AVE N z x w W to, EvPy, \M SUMMINIEW AVE > n C 51 ,, p� K x z < z z Wv 1 MPPN E E ��N US ) �7 z z N 1 s. �C z w < a a z Z ‘ , x 7 4 DR N w < a DIVISION Sr I \ PACIFIC AVE 7, 2 ` C W NOB HILL BLVD > I- E NOB HILL BLVD s ; ¢ LL F Si m w x y `� ¢ 'f° w E VIOLA AVE N 2 > N Q p ~o Q O e/ rn F WMEAD AVE c,1 F MFAI1 AVF > n N Q a K x a N o N 0 y SHIN TON VE SPRING CREEK RD K cipW E WASH - ON AVE x C OOLIOGE RD , F -NTAL RD Q \ 1 w z J �r h PIONEER ST : A „_ VD r m \ AHTANUM RD i WAHTANUM RD I \ N :, Yakima Yakima City Limits _ High Risk - Landslide . . Yakima Urban Area tE '.- till) ir- Yakima Urban Growth Area Intermediate Risk- Oversteepened Slopes [�OC Comprehensive Plan r _ High Rick - Oversteepened Slopes INDEX 0 1,050 2,100 4,200 8,300 8,400 Rivers Map X -5 Feet �-` _ ' Geologic Hazards MI — MI — IIIIII --- IIIIIIran1 -- --IIIIII - --IIIIII -- -IIIIII --MI -as ...ale ...am -IPIN ...Pia .2 • ..` ciiiimo) OMMII • ` yo n . • 4 � • L • _ .. N.,........iippiipli L SF •'''•' 1 L � ' � • • t?p + r, RIVER Rd• ∎' •: A ' -1-- -- 4******* ♦••••. . • tot ttAE R ` / t;QSTLEVALE RD - . � � T �•• ❖••••, tl j ig.' � D� -z 1 1 ' 4. E G S P " • �:�• � • �• � • � '' i ti‘ni if"' I T . ki / OA F t �_ I' ' - • ` ` I ... A ., �• LL_, a �� ENGLEWOODAVE c. a R ti o - i i i z •, w r '" m � � � .1 I _ •EMyK TE ACE HGTS D x � co W LINCOLN AVE , V', IEWAVE Q cu m ow {; t.-.• G' 4 ¢ -. 1 _ ENE , N w to ' • c!Di, TIETON DR -• j1 1 _. - ` I m ` �_ - __ �` ! �•, 400 6 I I I I II I fil i i r } ..i__._,. I , , . w -.I._ •,� ���•4•. I1. 111 ,1 ■ l �<I■ i' !� i i *i!• 1 . ::: 7 - co iii > I �1 1 ■ul4 1 ?y A. BNOHHILLBLVD - f- •••••. o z b �'� 11111 q n ,•e :4 :•o• N - '- - '���i 11111111111111.1111111111 1 a 1 ni1111ni �� E VIO AV @ �•••••••••••� • 11 rn •1•••••, ■ ill 111 1 11 '! �.�:�.`♦:�: 1 V• 1 rn — — F . ' 11 i 1-1-4--1.--- i *�� : MEA • AVE a 04 .E- ' w a : -L �i ►�•�•� • ZIER Rd a ��� - f 1 I ! V* • r ► �: • : _. 111 a L i n ._ ' W - .SPRING CREEK RD ►•••••••• I _ . ► • • • • • • • • • • • • •• f ► J �• •. 1 � , •••••••• 1112 W y . HI AV 6•�� M MI • • • • • •••' p� WASHI - CJNAVE w COOLIDGE RD •••••••••••••••• ,� ��, 1 ¢ e� OCUDENTALRD w o. 1 ►••••••••••••••••• ► •.► • CO • LU N . . ►• � : ❖ :� _ f PIONEERS W �'!�•� co co T or i sat= sow as am . AHTANUM RD ; � • • - • Q a � am gs �e me - _ _ . _ - w H �V u _ _a Yom - 6. 9.@ 2 p �• r1♦ 7 ' F. 7 '.1 V* p� W • N& • on Andesite ►• Yakima •..•• ' "a..-.4 Yakima City Limits - Tiet A Alluvium Deposits: ••••••••• High Vulnerability- Yakima Urban Area •••1 �. r i A VIII t . High Susceptiblity � � High Susceptibility and Comprehensive Plan ! '' 1 Yakima Urban Growth Area Basalt Formations of Aquifer to potential cont t A " ^' ' Contamination loading, b Upper Ellensburg Formation shallow a g ase ui Map X -7 "`" Aquifer H - I Charar_tc ric +irc .,., ., . . i — ! — — — — — .. — — — — �� - - _ -.� ArOaR 6.41[ IhF'OR H6710M SCR YICCZ City of Yakima . . F .. - Si ...- lTar-1 . _.F .. . ` / FEMA ;�' I Floodplains i . _ rota Plans 4 - - - - , _ -y... a - _ � 1 • IIlYea . y - � L,'_ ., ',. r i 'r 7 ' - � L. r. _ I ' hx 1 _ 'k}]E Iflmy � �� 1 -4 ,),... t ■ j 1-.,-1. `� 1 1 � ain�7ii ', ,r` it *;r '. Hl Rawls no 11 Brail /016:11iren, 'Ti 1 ii Y Tea Lola i ri lp , r_. i , .,, :v... _ , - r 11l1F41s 111 21 nlll�' ' t: S y1' N` r • _ •,,, , j 1 , u E. 1 ' = �i ,p1 Irma' llrnvicua Y ° m:emu -, - • 11 -LU Z 11 Ilaran. - 1 lIYN9 1 1 I / i ( ' r ilkir. . I unnowr' =IMAM - , /gj 1 - _ --- I m In 1 r' 1�p „ /1� N h i F• ar cs , - _ ! 1” 111 1 '!' — = n� 1 11�nL /i In111 1111 IIZ, - ., t .111 /' 11 / 11 11 �n r. =II 1P /11111111 1 ' �n. • �' : - -) - 1 �n�ut Inns These are not the official � FEMA Floodplain Maps. l �_ i tllnilll�p L I I The official FEMA Floodplain 4-1 .161 _. . _ , "`'_: _ "µ i .. - -- maps can be viewed at the _ a— L� I' ; _ .°:.- City or County Planning vii Y • k= - ~. -- . i __ G Departments. • r—. ' L y. 'Uri •m - .• l , Parcel Lot lines are for visual display P Y 'N _ _ 1 only. D o not use for legal purposes. 1, . .. O as 1 1c 2 25 PUIc R �/ 1. 1.7 mars J A' , , Yakirnk. s Y kim4p.c • m DQ C. This map rps lied Yom x er. tlaCleeves. The INDEX 1nere� ' e aen l ol5 re les Fa o r s m -- I Rol dal: Jun 22, 2mQ C OW BAR 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 1 EXHIBIT LIST 1 CHAPTER I ' Notices ' EXHIBIT DOCUMENT DATE 1-1 Notice of Critical Areas Ordinance Update Public Hearing 01 -11 -08 1 -2 Parties of Record Notified 01 -11 -08 I -3 Affidavit of Mailing 01 -11 -08 I -4 Legal Notice and Confirmation E -mail 01 -11 -08 I -5 Press Release 01 -11 -08 1 I -6 Yakima City Council Notice of Public Hearing 1 -18 -08 I -7 Regional Planning Commission Agenda 01 -23 -08 1 1 1 1 1 1 1 1 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT '' ., William R. Cook, Director • * w ,` ? Doug Maples, CPO, Code Admin. and Planning Manager I ;, a y *i Planning Dii,slon -•." - :- / 124 .�!' orth Second Street, 2nd Floor Yakima, Washington 98901 '" ' c ` _y .- (509) 57S -6183 E Fax (509) 575 -6105 i 1 Agenda 1 Yakima Urban Area Regional Planning Commission 1 Workshop I Yakima City Hall Council Chambers Wednesday January 23, 2008 3:00 p.m. - 5:00 p.m. I RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., I Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun, & Kevin Futrell, Rosalinda Ibarra 1 I. Call to Order 1 II. Approve the minutes of January 2, 2008 and January 9, 2008. I III. Staff report and CAO opening statements. IV. Critical Area Ordinance Public Hearing I V. Close Public Hearing 1 VI. Deliberate on any and all comments, changes, modifications, and /or corrections. I VII. Vote on the CAO and provide staff instruction to bring back Findings of Fact for a recommendation to the Joint elected officials Public Hearing. VIII. Other Business I IX. Adjournment Yakima Doc. �. INDEX i I[ir I I www. ci.yakima. wa.us #— 7 , 11 YAKIMA CITY COUNCIL a NOTICE OF PUBLIC HEARING City of Yakima's Critical Areas Ordinance Update- 111 NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public 11 hearing regarding the City of Yakima's Critical Areas Ordinance update. The public hearing will be held on Tuesday, February 19, 2008, at 7:00 p.m. in the Council Chambers at Yakima City Hall, 129 North 2nd Street, Yakima, WA. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2 Street, Yakima, Wa. 98901 or, 2) E -mail your comments to ccouncil.ci.yakima.wa.us. Include in the e -mail subject line, "Critical Areas Ordinance. "Please also include your name and mailing address. Dated this 16th day of January, 2008. Deborah Moore City Clerk Publish once on Friday, January 18, 2008 Charge to Account Number 10952 1 1 11 1 DOO. 1 INlDEX - 1 1 Press Release • CITY OF YAKIMA PLANNING DIVISION • January 11, 2008 YAKIMA URBAN AREA COMPREHENSIVE PLAN UPDATE PUBLIC HEARING NOTICE The Yakima Urban Area Regional Planning Commission (RPC) is commencing a public hearing necessary for the update of the City of Yakima's Critical Areas Ordinance. This update is 1 required by Washington State's Growth Management Act. The City's Critical Area Ordinance is a land use document that provides protection of environmentally sensitive areas such as streams, wetlands, floodplains, critical aquifer recharge areas, fish and wildlife habitat, and geological 1 hazardous areas. The ordinance' also provides a basis for determining applicable development • regulations and budget decisions related to future development of these protected sites. - Draft copies of the Plan will be available for review at City Hall, the Yakima Public Library or ' the City of Yakima's Web Page one week in advance of the hearing listed below. The proposed public hearing will take place in the Yakima City Council chambers in City Hall, 129 N 2 Street, on Wednesday, January 23, 2008, at 3:00 P.M.: • Your participation at this public hearings is encouraged. For more information, please call Jeff Peters, Assistant Planner at (509) 575 -6163, or visit our planning website at http: / /www.ci.yakima.wa.us /services /planning. • 1 1 1 • • • • • 1 1 1 1 1 DOC. • INDEX 1 • r - 1 1 Legal Notice 1 CITY OF YAKIMA PLANNING DIVISION January 11, 2008 YAKIMA URBAN AREA COMPREHENSIVE PLAN UPDATE PUBLIC HEARING NOTICE The Yakima Urban Area Regional Planning Commission (RPC) is commencing a public hearing necessary for the update of the City of Yakima's Critical Areas Ordinance. This update is required by Washington State's Growth Management Act. The City's Critical Area Ordinance is a land use .document that provides protection of environmentally sensitive areas such as streams, wetlands, floodplains, critical aquifer recharge areas, fish and wildlife habitat, and geological hazardous areas. The ordinance also provides a basis for determining applicable development regulations and budget decisions related to future development of these protected sites. Draft copies of the Plan will be available for review at City Hall, the Yakima Public Library or the City of Yakima's Web Page one week in advance of the hearing listed below. The proposed public hearing will take place in the Yakima City Council chambers in City Hall, 129 N 2 Street, on Wednesday, January 23, 2008, at 3:00 P.M. Your participation at this public hearings is encouraged. For more information, please call Jeff 1 Peters, Assistant Planner at (509) 575 -6163, or visit our planning website at http: / /www.ci.yakima.wa.us /services /planning. Please publish on Friday, January 11, 2008. Send affidavit of publication and invoice to: City of Yakima, Planning Division 1 129 North 2 Street Yakima, WA 98902 1 • 1 11 1 1 • 000. 1 INDEX 1 • 1 Re: Legal Notice: 2007 Critical Area Public Hearing 1-23-08. Publish on 1/11/08. Acct#1... Page 1 of 1 • Ibarra, Rosalinda From: Legals [legals@yakimalerald.corn] Sent: Thursday, January 10, 2008 2:28 PM To: lbarra, Rosalinda • Subject: Re: Legal Notice: 2007 Critical Area Public Hearing 1-23-08.Publish on 1/11/08. Acct#11002 This is scheduled for tomorrow. On 1/10/08 1:38 PM, "Ibarra, Rosalinda" <ribarra©ci.yakima.wa.us> wrote: Important publication! Can you please squeeze us in on short notice? Thank you so much! 1 • Rosalinda Ibarra Planning Specialist • City of Yakima Planning Division • (509) 575-6183 • ribarra@ci.yakima.wa.us 1 • Simon Sizer Legal/Obituary Clerk Yakima Herald-Republic Phone: 509-577-7740 Fax: 509-577-7766 legals@yakimaherald.com 1 • 1 • '3 0 INDEX 1/10/2008 • • 11 1 AFFIDAVIT OF MAILING STATE OF WASHINGTON 1 CITY OF YAKIMA 1 Re: City of Yakima's Critical Areas Ordinance All City. I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing. A true 1 and correct copy of which is enclosed herewith; that said notice was addressed to the listed SEPA agencies and are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 11 1 day of January , 2008. 1 That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 111 • `. Rosalinda Ibarra 1 Planning Specialist 1 11 1 11 INDEX D-RG, SEPA Reviewer i ll y Corps Box c -3755 Dept. of Natural Resources Mr. Greg Griffith r 713 Bowers Rd Div. of Archeol & Hist. Pres. tle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 ,Sheila Ross Cascade Natural Gas Dept of Soc /Health Service WA State Attorney n. Office 701 S. 1 Ave MS OB-23B Capital Programs Ofc. Bldg #2 • IYakima, 1433 Lakeside Ct ySte102 a WA 98902 Yakima, WA 98902 Olympia, WA 98504 'Chamber of Commerce Dept. of Health Michelle Vazquez City of Union Gap 10 N 9 St. 1500 W. 4 Ave. St. 305 PO Box 3008 'akima, WA 98901 Spokane, WA 99204 Union Gap, WA 98903 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority • Tanning Engineer . Q -West 6 S. 2 " St., Room 1016 2809 Rudkin Road 8 S. 2 " Ave. Room 304 Yakima, WA 98901 'Union Gap, WA 98903 Yakima, WA 98902 nvironmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer 111200 6 Ave. MS 623 128 North 2 " Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 1 FAA Yakima Co Health Dist Gwen Clear 200 W. Washington Art McKuen Dept of Ecology akima, WA 98903 1210 Ahtanum Ridge Drive . 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 1 r. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2 2 St. PO Box 47703 6111 Tieton Drive • akima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 livIr. Vern Redifer Chuck Hagerhjelm Pacific Power Illakima Co Pub. Services WA State Emergency Mgmt. Div. Mike Paulson 128 N 2 " St., 4 Floor Mitigation, Analysis & Planning Mgr 500 N. Keys Rd akima, WA 98901 Building 20 Yakima, WA 98901 Camp Murray, WA 98430 -5122 Bill Bailey Cultural Resources Program Dept. of CTED akima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services t r. 8 N. 2 "d St. 4 Floor Yakama Indian Nation PO Box 42525 akima WA 98901 PO Box 151 Toppenish, WA 98948 Olympia, WA 98504 -2525 Mose Segouches Mr. Philip Rigdon Transportation Planner Yakama Indian Nation akama Indian Nation YVCOG Environmental Protection Prog. O Box 151 311 N. 4 Street STE 202 ; , t):.; . Toppenish, WA 98948 Yakima, WA 98901 i .;n X PO Box 151 Toppenish, WA 98948 1 Federal Aviation Administration Environmental Coordinator Mr. Doug Mayo Cayla Morgan, Airport Planner g y o Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 1 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm Worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 1 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Soil Conservation Dist Donna J. Bunten Eric Bartrand 1 Attn: Ray Wondercheck Critical Areas Coordinator Y Dept. of Fisheries 1606 Perry St Suite F D.O.E., Shorelands & Environ. 1701 S. 24 Ave Yakima, WA 98902 PO Box 47600 Olympia, WA .98504-7600 Yakima, WA 98902 1 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor 1 Yakima Valley Museum Yakama Indian Nation- Fisheries Yakima Airport . 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 1 Yakima School District Yakima Greenway Foundation W V School District Attn: Ben Soria , Attn: Peter Ansingh 104 N. 4`'' Ave 111 S. 18 St. 8902 Zier Road Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98908 1 Dept. of Archaeology & Historic gy stone Preservation PO Box 48343 1 Olympia, WA, 98504 -8343 1 . 1 1 1 1 1 `, • .' .i- 1 1 ity Legal Bill Cook Doug Maples Director, CED Planning & Code Admin. Mgr DECISIONS ONLY - !,Dan Davenport Mike Antijunti p Carolyn Belles Antijunti Engineering . Codes . Engineering ill Cobabe Charlie Hines Sam Granato ANDS Mgr Fire Chief Police Chief ender / File /Mail Sandy Cox_ City Clerk Decisions Only Codes Decisions Only Decisions Only 1 1 1 . I • 1 1 1 1 1 1 1 DO INDEX 1 1 1 • CITY OF YAKIMA PLANNING DIVISION January 11, 2008 YAKIMA URBAN AREA COMPREHENSIVE PLAN UPDATE PUBLIC HEARING NOTICE The Yakima Urban Area Regional Planning Commission (RPC) is commencing a public hearing necessary for the update of the City of Yakima's Critical Areas Ordinance. This update is required by Washington State's Growth Management Act. The City's Critical Area Ordinance is a land use document that provides protection of environmentally sensitive areas such as streams, 111 wetlands, floodplains, critical aquifer recharge areas, fish and wildlife habitat, and geological hazardous areas. The ordinance also provides a basis for determining applicable development regulations and budget decisions related to future development of these protected sites. 1 Draft copies of the Plan will be available for review at City Hall, the Yakima Public Library or the City of Yakima's Web Page one week in advance of the hearing listed below. 1 The proposed public hearing will take place in the Yakima City Council chambers in City Hall, 129 N 2 Street, on Wednesday, January 23, 2008, at 3:00 P.M.: 1 Your participation at this public hearings is encouraged. For more information, please call Jeff 1 Peters, Assistant Planner at (509) 575 -6163, or visit our planning website at http: / /www.ci.yakima.wa.us /services /planning. • • 1 1 1 1 1. 1 DOO. INDEX 1 1 I City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 1 EXHIBIT LIST CHAPTER J Yakima County Commissioners Requested Information 1 EXHIBIT DOCUMENT DATE J -1 Comparison of City and County Critical Areas Ordinance 02 -04 -08 ' J -2 Letter to Yakima County Commissioners 02 -01 -0 Y 02-01-08 1 1 1 1 1 1 1 1 1 1 1 1 1 V aN DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 North Second Street s ~ 1 Yakima, Washington 98901 rileag :AO t%V �n 4 ..<r Phone: (509) 575 -6113 o Fax (509) 576 -6792 AP " William R. `°` Cook, Director 1 • 1 . 1 February 4, 2008 Yakima County Commissioners 128 North 2nd Street Yakima, Washington 98901 ' SUBJECT: Request for comparison of the City of Yakima's proposed Critical Areas Ordinance (CAO) and Yakima County's adopted CAO. 1 Dear Board of Yakima County Commissioners: Prior to the convening of the Joint Board on February 19, 2008, to consider the adoption of the 1 proposed Yakima Urban Area Critical Area Ordinance, I would like to take the opportunity to explain the process, which we have used to get to where we are today. 1 In early 2007, the City of Yakima planning staff obtained a draft copy of Yakima County's CAO and Yakima County's Review of Best Available Science For Inclusion in Critical Areas Ordinance Update, October 2006 documents and started review of the proposed documents. 1 During initial review, staff removed all sections, uses, and regulations pertaining to those uses and environmental conditions, which the City did not have within its Urban Growth Area (such as Upland Wildlife Habitat's, Forest, and Agriculture). City staff removed and changed portions of 1 the administration chapter to better reflect the review procedures of the City, and removed the enforcement and non - conforming chapters, as they already exist within the Urban Area Zoning Ordinance (UAZO). Most other changes that were done at this early stage of review involved removal of redundant information and grammar, syntax, and structure changes to make the document more streamlined and easier to read. 1 On September 12, 2007, the Yakima Urban Area Regional Planning Commission started their public review of the modified County Critical Area Ordinance through a series of weekly/bi- weekly pubic workshops from . the above date to October 31, 2007. During these workshops 1 County Staff, members Dean Patterson, Environmental Manager, and Joel Fruidenthal of the Flood Control District participated in review and discussion of the various edits to the City document as co- advisors to the RPC. Their participation was very helpful. Following completion of the above workshops, City staff completed the RPC's requested changes and started the environmental review process issuing a Preliminary Determination of - Code Administration 575 -6121 • Engineering 575 -6111 • Neighborhood Services 575 -6101 • Planning 575-6183 � J v 1 • Page 2 February 1, 2008 Non - Significance on November 26, 2007, and requesting comments on the proposed draft document. During the 20 -day comment period, four (4) comments were received from various agencies including the Yakima County Planning Department. These comments and the City of Yakima's response are contained in the "City of Yakima's Public & Agency Comment Matrix." Based upon received comments the City of Yakima Planning Division made revisions to the 1 draft CAO to address and satisfy the various commenting agencies and held a RPC meeting to review and approve the draft CAO and subsequent changes on January 23, 2008. On January 30, 2008, the RPC approved and signed the CAO Findings of Fact and Recommendation to City Council. On January 31, 2008, the City of Yakima issued its Final Environmental Determination of Non - Significance and Incorporation of Existing Environmental Documents. Now in accordance with the past practices of City of Yakima and Yakima County the City of 1 Yakima is requesting a convening of the Joint Board for the date of February 19, 2008 to consider the adoption of the City of Yakima's proposed Critical Areas Ordinance and per Commissioner Elliot's request, the City of Yakima is formally transmitting to you the following documents: 1. The City of Yakima's proposed CAO (clean with no strike out underline or other 1 annotation); 2. City of Yakima's Public & Agency Comment Matrix (showing the public & agency 1 comments received & City of Yakima response to the submitted comment); and 3. A document comparing the City of Yakima's proposed CAO and Yakima County's 1 adopted CAO, which was accomplished using the "Compare and Merge" function of Microsoft Word. Note: Document =3 above highlights the City of Yakima's proposed CAO changes in RED. Yakima County's adopted CAO changes in VIOLET and things common between the two as BLACK. 1 Sincerely, 1 William ook Dir- • : Community & Economic Development 11 City of Yakima 1 DOC. 111 INDEX # -2 I II City of Yakima CRITICAL AREA ORDINANCE YAKIMA URBAN AREA ZONING ORDINANCE CHAPTER 15,27 1 2 1 3 `may �.,, 1 . sc / I k t t 4 5 6 7 8 I 9 10 1 11 Yakima Urban Area Zoning Ordinance 12 Critical Areas Ordinance Update 13 Chapter 15.27 14 15 1 1 1 1 2/1/2008 11:02:00 AM 1 1 1 DOC. 1 INDEX # J - =I CitA of Yakima 15.27 CAO 16 TABLE OF CONTENTS 1 17 18 1 Part One Chapter 16C.01 GENERAL PROVISIONS 19 20 I Part Two Chapter 16C.02 DEFINITIONS 21 22 Part ThreeChapter 16C.03 APPLICATION AND REVIEW PROCEDURES 23 24 Part Four Chapter 16C.04 ENFORCEMENT AND PENALTIES 25 26 Chapter 16C.05 FLOOD HAZARD AREAS 27 28 I Part FiN a Chapter 16C.06 FISH AND WILDLIFE HABITAT AND THE STREAM 29 CORRIDOR SYSTEM 30 31 Part SixChapter 16C.07 WETLANDS 32 33 Part Sev enChapter 16C.08 GEOLOGICALLY HAZARDOUS AREAS 34 35 Part Eight 36 Chapter 16C.09 CRITICAL AQUIFER RECHARGE AREAS 37 38 Appendix A Designated Type 2 Stream Corridors 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 1 1 1 2/1/2008 2 2 1 1 DOC. 1 INDEX # J - City of Yakima 15.27 CAO I 54 Chapter 15.2716C.01 55 Part One 56 GENERAL PROVISIONS I 57 Sections Defined: 58 15.27.100 Chapter 16C.01.01 Title and Authority 59 15.27.11016C.01.02 Language Interpretation I 60 15.27.12016C.01.03 Purpose of Chapter; I Deleted: Title 1 61 15.27.13016C.01.04 Intent of Chapter; f Deleted: Title 62 15.27.14016C.01.05 Applicability 63 1 5.27.15016C.01.06 Science and Protection of Anadromous Fish I 64 15.27.16016C.01.07 Administrative Authority 65 15.27.17016C.01.08 Severability 66 67 15.27.100 Chapter 16C.01.01 Title and Authority I _ 68 Chapter 15.27Yakima County Code (YCC) Title 16C is established pursuant to RCW 69 36.70A.060 (Growth Management Act Natural Resource Lands, and Critical Areas,-- Deleted: resource lands 70 Development Re> ulationy), RCW Ch. 43.21C (State Environmental Policy Act), and Deleted: critical areas I 71 federal requirements for eligibility in the National Flood Insurance Program, pursuant to Deleted: regulations 72 Title 42 of the Code of Federal Regulations (CFR). This chaptershall be known as the Deleted: aster 73 "Critical Areas Ordinance of the City of Yakima, Washington." Deleted: title 74— II 75 15.27.11016C.01.02 Language Interpretation Deleted: Comu■ 76 Unless specifically defined in Part Two M 1515.27.200 - 299C),Chapter 16C.02, words, phrases 77 and terms in this chapter shall be interpreted to provide ,meaning ,and to give this chapter its Deleted: title _ I 78 most reasonable application. Deleted: so as to give them the T 79 a. "'shalt" is mandatory; Deleted: they have in common usage 80 b. "may" is discretionary and does not impose a requirement; Deleted: title its 81 c. "should" is always advisory; — - I 82 d. , includ s means the containment within as a subordinate part of a larger Deleted: "Shall ��� � )" P d er N'hole. -- - 83 When not inconsistent with the context, words used in the present tense include the future; the Deleted: 84 singular includes the plural; and the plural, the singular. Deleted: includes but not limited to. 85 I 86 15.27.12016C.01.03 Purpose of Chapter 87 ,The purpose of Ch. 15?7Title 16C is to establish a single, uniform system of procedures and Deleted: Title¶ 88 standards for development within designated critical areas tr i th_ i' in, of Deleted: to be applied to - • 89 Yakima and its Urban Growth Area., Deleted: unincorporated 90 Deleted: County. 91 15.27.130 92 16C.01.04 Intent of Chapter, Deleted: Title I 93 1) 1) Ch.15.27Title 16C establishes policies, standards, and other provisions pertaining to -- 94 development within designated critical areas regulated under the provisions of the Growth Deleted, )' 95 " development re Management ` ement Act (RCW 36.70A and develo t lated under the National Flood Deleted: Additional purpose and intent un for the protection of critical areas is I 96 Insurance Program. Wetlands. streams, si nidors and rivers, areas with a critical provided in the chapter on each subject. 97 recharging effect on aquifers used for ot. fish and wildlife habitat conservation Stream corridors, flood rrecha areas, q p wetlands, critical aquifer recharge areas, 98 areas; frequently flooded areas; and,geologically hazardous areas,constitute the City of Deleted: and fish and wildlife habitat 99 Yakima's,critical areaspursuant to WAC 365 - - 190 -030. These areas are of special concern to areas I Deleted: Yakima County's_ – 2/1/2008 — — 3 3 1 1 1 DOG. I INDEX 1 # .j -1 I City of Yakima 15.27 CAO 1 100 I the people of the City of Yakima,and the State, of Washington because they are Deleted: County 1 101 environmentally sensitive lands, or hazardous areas, which comprise an important part of the Deleted: state 102 state's,natural resource base. The policies, standards, and procedures of this chapter ,are Deleted: county's I 103 intended to: Deleted: title - — --ii , 104 a) a) Preserve development options within designated critical areas where such 105 development will result in the level of "No Net Loss" of the functions and values of the 106 critical areas. j Deleted: not adversely impact critical 107 b) Where appropriate. avoid uses and development, which are incompatible with critical area values and functions, particularly functional properties of stream corrido 108 areas; and other hydrologically related critical 109 b) c) Prevent further degradation of critical areas unless the degradation has occurred areas; 110 beyond feasible protection; 111 c) d) Conserve and, protect,essential or important natural resources; Deleted: , 112 d) e) Protect the public health, safety, and general welfare; Deleted: and, where feasible, restore 1 113 e) f) Further the goals and olicie: of the Yakima Urban Are;Comprehensive Plan,; Deleted: . 114 f) e ) Implement the goals and requirements of the Washington Growth Management Deleted: objectives 115 Act (RCW Chapter 36.70A), and the National Flood Insurance Program (CFR Title 42); Deleted: County 116 g) to Recognize and protect private property rights; Deleted: and all of its elements 117 h) i J Provide development options for landowners of all existing lots to the greatest 118 extent possible, through the establishment of Adjustment, Reasonable Use ,, and Non- I Deleted: provisions 119 Conforming Use and Facility provisions; 120 i) 2 t The Recognized that mining and related uses are an appropriate use within 121 designated critical areas when conducted in a manner consistent wit the laws of the state 122 that already govern mining including, but not limited to. the Surface Mining Act, RCW 123 78.44. 124 2) In addition, the policies, standards, and procedures of this chapter aretitle: 125 Are not intended to: 126 a) Regulate,the operation and maintenance of existing, legally established uses and Deleted: regulate 127 structures, including but not limited to vegetative buffers on existing uses that have been 128 reduced in width prior to the effective date of this chapter;; Deleted: dates of provisions in the 129 b) Resu lt,in an unconstitutional regulatory taking of private property; Critical Areas Ordinance 130 c) Require $he restoration of degraded critical areas for properties in a degraded condition Deleted: Are not intended to result 131 prior to the effective date of this chapter unless impro\ ement of$he buffer is needed for Deleted: Are not intended to retroactively require 132 clew development proposed on the property; 133 d) Presume,that regulatory tools are the only mechanism for protection: and Deleted: dates of provisions in 134 e) Prohibiithe use of valid water rights. Deleted: critical Areas Ordinance; but rather to utilize restoration as a tool to 135 mitigate impacts of 136 15.27.140160.01.05 Applicability Deleted: Are not intended to presume, 137 1) Xxcept as provided in subsections (3) and (4) below, the provisions of this chapter; shall apply Deleted: , but rather integrated with 138 to any new development, construction, or use within the}rlcorporated portion of thy non- regulatory tools in as balanced a 139 Yakima and its Urban Growth Are; designated as a critical area outside Shoreline manner as possible; 140 jurisdiction, as determined by the Shoreline Master Program (YCC Title 16D), and upon any i Deleted: Are not intended to prohibit, 141 land mapped and designated as a special flood hazard area under the National Flood i Deleted: The 1 142 Insurance Program. However, this chapter; does not apply to the situations below, except that 1 Deleted: title 143 the Flood Hazard protection provisions of ■ 15.27 Par FourChapter 5 will continue to apply j Deleted: un 144 as determined by §§ 15.27.400 - 406the applicability provision in 16C.05.20: I Deleted: County I Deleted: , however, this title 2nn008 - -- 4 4 1 1 • DOO. 1 INDEX # J_ ; 1 1 City of Yakima 15.27 CAO I 145 a) Within designated critical areas, there may exist lots, structures, and or uses which were Deleted: designated by this title or 146 lawfully established prior to the adoption of this chapter, as provided below, but which amendments that may later be adopted 147 would be subsequently prohibited, regulated, or restricted under this chapter. Such Deleted: before this title was initially I adopted, amended or readopted 148 existing lots, structures. and. /or uses shall be classified as legally non - conforming uses. 149 11 It is the intent of this chapter: to permit these pre- existing legally iron- { Deleted: ordinance. 150 conforming uses and structure to continue untilponformityis possible; Deleted: title I 151 i. Critical areas on federally owned lands are not subject to the provision Deleted: regal 152 of this chapter: {Deleted: conformities 153 ii. Minor. temporary, or transient activities (including those of a Deleted: without requirement to change 154 recreational nature) that do not alter the environment or require a said non- I 155 dedicated staging area, use area, or route (including temporary signs) are I Deleted: until such time as 156 not subject to this chapter; conformance 157 ii. Mining. as defined in § 15.27.265, which is carried out under a 158 Washington Department of Natural Resources reclamation perniit is not I 159 subject to the geologically hazardous areas provisions of this chapter for 160 erosion hazard areas. over steepened slope hazard areas, landslide hazard 161 areas and suspected geologic hazard areas. Other critical areas provisions I 162 continue to appl\, 163 164 a) ), The adoption and amendment dates of the relevant regulations are provided below; Deleted: required through penmits for 165 i) Critical Areas Ordinance adopted 1998July 12, 1994; , development in the future. I 1 166 ii) Critical Areas Ordinance amended October 1, 1995; 167 iii) Flood Hazard Ordinance adopted 1981,. 1 Deleted: June 5, 1985 168 I 169 b) 2) Critical areas on federally owned lands are not subject to this title; 170 c) Forest practices, as defined by this title, carried out under a Washington Department of 171 Natural Resources Forest Practice permit are not subject to this title, except those that 172 involve a conversion of forest land to a non - forestry use, involve a conversion option I 173 harvest plan, or take place on lands platted after January 1, 1960; 174 d) Livestock grazing on publicly owned land, when carried out under an agreement that 175 includes a resource management plan that will be monitored by a public entity is not 176 subject to this title; I 177 e) Changing agricultural crops within an existing farming operation is not considered new 178 development, construction or use, provided that the existing area under agricultural 179 production is not extended further into a vegetative buffer identified under 16C.06.16, I 180 and provided that the natural contour of the land subject to this title is not altered by 181 excavation and filling; 182 0 Minor, temporary or transient activities, including those of a recreational nature, that do 183 not alter the environment or require a dedicated staging area, use area, or route are not I 184 subject to this title, and including temporary signs (election, sale, rent, etc.); 185 g) Critical Areas within the exterior boundaries of the Yakama Nation that are located 186 within the designated Closed Areas or not under County jurisdiction as a result of the I 187 Supreme Court decision COUNTY OF YAKIMA et. al. v. CONFEDERATED TRIBES 188 AND BANDS OF THE YAKIMA INDIAN NATION (1991) are not subject to this title; 189 h) Mining, as defined by this title, that is carried out under a Washington Department of 190 Natural Resources reclamation permit is not subject to, the geologically hazardous areas 1 2/1/2008 -- - - - - -- -- — - - - - - -- -- --- - - - - -- - -- -- - - - - -- 5 1 1 1 Doc. INDEX 1 # J -i City of Yakima 15.27 CAO 1 191 provisions of this title for erosion hazard areas, oversteepened slope hazard areas, I 192 landslide hazard areas and suspected geologic hazard areas. Other critical areas 193 provisions continue to apply. 194 2) Other rules and regulations, including the City of Yakima ,Subdivision Ordinance (YMC I Deleted: County 195 Titls 14), the (_ ity of Yakima Urban Area,Zoning Ordinance (YMC Title 15), and the Deleted: YCC 196 Buildings,Ordinance (YMC,Title 1115A), Shoreline Master Program (YCC Title 16D), and Deleted: County 197 the Building and Construction Ordinance (YCC Title 13), shall remain in full force and effect Deteted: YCC 198 as they apply to designated critical areas. In the event that the requirements of Ch. 15.27Title Deleted: the Yakima Urban Area 199 16C conflict with the requirements of the Yakima Urban Are ;Zoning Ordinance, the Zoning 200 Subdivision Ordinance or any other lawfully adopted municipa,rules or regulations, the most Deleted: YCC 201 restrictive standards shall appl∎, Deleted: a 202 I Deleted:. Wherever 203 3) 15.27.150Due to the requirements of Substitute Senate Bill 5248, the provisions or standards 204 of this title shall not apply to agricultural activities in certain areas, as defined below. Such I Deleted: applicable 205 agricultural activities are still subject to the requirements of YCC Title 16A as adopted I Deleted: County 206 October 1, 1995. i Deleted: govern 207 a) "agricultural activities" means agricultural uses and practices currently existing or legally 208 allowed on rural land or agricultural land designated under RCW 36.70A.170 including, 209 but not limited to: Producing, breeding, or increasing agricultural products; rotating and 210 changing agricultural crops; allowing land used for agricultural activities to lie fallow in 211 which it is plowed and tilled but left unseeded; allowing land used for agricultural 212 activities to lie dormant as a result of adverse agricultural market conditions; allowing 213 land used for agricultural activities to lie dormant because the land is enrolled in a local, 214 state, or federal conservation program, or the land is subject to a conservation easement; 215 conducting agricultural operations; maintaining, repairing, and replacing agricultural 216 equipment; maintaining, repairing, and replacing agricultural facilities, when the 217 replacement facility is no closer to a critical area than the original facility; and 218 maintaining agricultural lands under production or cultivation. 219 4) Due to the requirements of Engrossed Substitute House Bill (ESHB) 1933, the provisions of 220 this title shall apply to any new development, construction or use within the unincorporated 221 portion of Yakima County designated as a critical area inside Shoreline jurisdiction from the 222 effective date of this title until the date of the next subsequent update of the Shoreline Master 223 Program (anticipated to be YCC Title 16D), as approved by the Washington Department of 224 Ecology per RCW 90.58.090. After the Shoreline Master Program (SMP) is approved, 225 critical areas within Shoreline jurisdiction shall be governed by the SMP_ 226 I 227 16C.01.06 Science and Protection of Anadromous Fish, { Deleted: . 228 This chapter, has been updated consistent with the requirements for usin; the best available Deleted: title 229 science and protection of anadromous fish as required by Deleted 1 230 1) RCW 36.70A.172 Critical Areas, - Designation and Protection,— Best Available Science . 231 to be Used: and 1 Deleted: 232 1) ,WAC 365- 195 -900 through 925 Growth Management Act -- Procedural 920 (BAS j Deleted: ( 233 Background and purpose); 1 Deleted: areas 234 2) Giving special consideration to conservation or protection measures necessary to preserve _ Deleted: protection 235 or enhance anadromous fish and their habitat, (salmon, steelhead, etc.) as required by Deleted: available science to be used) 236 RCW 36.70A.172 (Best available science to be used) and WAC 365- 195 -925 (Criteria and WAC 365- 195 -900 through 2/1/2008 6 I 6 1 1 DOC. 1 INDEX 1 1 City of Yakima 15.27 CAO I 237 for Adopting Comprehensive Plans and Development Regulations — Part 9 - Best 238 Available Science. 239 2) demonstrating "special consideration" has been given to anadromous fisheries). I 240 241 15.27.160 242 16C.01.08 Administrative Authority I 243 1) The City of Yakima Community & Economic Development,Department — Code Deleted: conntyPnbhcservices Deleted: - 244 Administration S;,Planning Division shall be responsible for the general 245 administration of this chapter. The Director of the Community & Economic 246 Development Department or the Director s, designee shall serve as the Administrative Deleted: title. The Planning Division 247 Official of this chapte>i, except as noted in Part Four 1527.400 - 436Chapters Manager or the Manager's 248 16C.05.20 through 16C.05.72. The Administrative Official shall establish procedures Deleted: tine 249 for implementation of this chapter; Deleted: title _ I 250 a) (2) A written request for anWhere the provisions of these regulations may be 251 unclear in special circumstances, or where judgment must be made because of the 252 nature of the language used, the Administrative Official shall make such 253 interpretations. A separate record of all interpretations shall be kept. To avoid I 254 arbitrariness, any earlier interpretation that may relate to a pending action shall be 255 examined by the Administrative Official for its effect or influence on the pending 256 action. I 257 A written request for interpretation of any provision of this chapter; may be submitted to Deleted: title, or any rule or regulation 258 the Administrative Official. Each request shall set forth the specific provision(~ adopted pursuant to this title 259 to be interpreted and the facts of the specific situation - giving rise to the request I Deleted: or provisions 260 for an interpretation. _Interpretations shall be processed in accordance with YMC I Deleted: I 261 Ch. 15.22 Interpretations. 262 b) YCC Title 16B.03.070. 263 264 15.27.170 I 265 16C.01.09 Severability 266 If any provision of$his chaptet or its application to any person or legal entity or circumstances is Deleted: the ordinance codified in 1 267 held to be invalid, the remainder of said chapter; or the application of the provision to other Deleted: title, j 1 268 persons or legal entities or circumstances shall not be affected. Deleted: ordinance 1 1 1 1 2/1/2008 7 7 1 1 DOS,. 1 INDEX. # ,) -1 Cite of Yakima 15.27 CAO 269 Chapter 15.27 1 270 PART TWO16C.02 271 DEFINITIONS 272 273 15.27.20016C.02.001 Definitions Generally 274 ,Definitions listed in Part Two of this document, shall be applied to the regulations, review. and Deleted: a) Whenever the words and 275 administration of all critical areas, including Flood Hazard Areas, unless the definition itself terms set forth in this chapter appear in this title, they shall be given the meanie 276 identifies the term as applying to Flood Hazard administration, in which case the definition only attributed to them by this chapter. 277 applies to that situation,, References to specific provisions of YC Title 13 and the Intemational Building 278 Codes, statutes and Washington 279 15.27.201 Administrative Code provide greater detail for purposes of administering this 280 16C.02.005 Abutting title. 281 "Abutting" means bordering upon, to touch upon, or in physical contact with. _Sites are b) 282 considered abutting even though the area of contact may be only a point. Deleted: chapter 283 Deleted: 284 15.27.20216C.02.010 Adjacent 285 "Adjacent" means to be nearby and not necessarily abutting. 286 287 15.27.20316C.02.012 Administrative Official 288 "Administrative Official" means the duly appointed Director: of Community & Economic -- {Deleted: official 289 Developtnent,Department designee, or the relevant decision maker identified in Ch. 15.27 I Deleted: Planning Division Manager 290 YCC Title 16B (Project Permit Administrationji synonymous with "administrator" or "director." Deleted: the Public Services 291 Deleted: , 292 15.27.204 16C.02.025 Alluvial fan Deleted: his 293 "Alluvial fan" means,q low, outspread, relatively flat to gently sloping ,feature, shaped 294 like an open fan or a segment of a cone, deposited by a stream at the place where it issues Deleted: is 295 from a valley upon a plain or broad valley;,,where a tributary stream is near or at its Deleted: 296 junction with the main stream, or wherever a constriction in a valley abruptly ceases or Deleted:. or 297 the gradient of the stream suddenly decreases. I cis steepest near the mouth of the valley Deleted: , 298 where its apex points upstream, and it slopes gently and convexly outward with gradually Deleted: it 299 decreasing gradient. Deleted: , 300 301 15.27.20516C.02.030 Applicant 302 "Applicant" means a person, party, firm, corporation, or other legal entity that proposes 303 development, construction, or use on a p<t.. , pert \ Deleted: a 304 Deleted: site 305 15.27.206 306 16C.02.035 Aquifer 307 "Aquifer" means a saturated geologic formation, which will yield a sufficient quantity of water to 308 serve as a private or public water supply. 309 310 15.27.207 16C.02.040 Critical Aquifer Recharge Area 311 "Critical Aquifer Recharge Area" means an area with a critical recharging effect on aquifers used 312 for potable water, or areas where a drinking aquifer is vulnerable to contamination that would 313 affect the potability of the water. 314 2/1/2008 8 8 I DOC. 1 INDEX 1t -J 1 I I City of Yakima 15.27 CAO I 315 116C.02.042 Bank 316 "Bank" means the land surface above the ordinary high water mark that abuts a body of water 317 I and contains it to the bank full depth. I 318 319 I 15.27.20816C.02.043 Bankfull depth 320 " Bankfull depth" means the average vertical distance between the channel bed and the estimated I 321 water surface elevation required to completely fill the channel to a point above which water 322 would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels 323 exist, the bankfull depth is the average depth of all channels along the cross - section. 324 I 325 15.27.20916C.02.044 Base Flood, I Deleted:. 326 "Base Flood" for purposes of administering Part Fourl6C.05 means the flood having a one (1 "u■)1 - _ 327 percent chance of being equaled or exceeded in any given year. ( See, IBC 1612.2 Deleted: 328 Deleted: (Ref. -_ — 329 1 5 2 7 2 1U Deleted: 330 16C.02.045 Base Flood Elevation 331 ;`Base flood elevation" for purposes of administering Part Fourl6C.05 means the elevation of the Deleted: 332 base flood, including wave height, relative to the National Geodetic Vertical Datum„ North Deleted: (NGVD) _ 333 American Vertical Datum, or other datum specified on the Flood Insurance Rate Map 1tr�. I Deleted: (NAVD) 334 IBC ,1612.2) 1 Deleted: (FIRM). (Ref. IBC 335 I 336 15.27.211 337 16C.02.046 Basement - Deleted:. 1 338 "Basement" for purposes of administering Part F our16C.05 means any area of the building I 339 having its floor subgrade (below ground level) on all sides. _Lti e 1BC 1612.2) Deleted: (Ref. 340 341 1 5.2?.21 2 342 16C.02.055 Bed I 343 "Bed" means the land below the ordinary high water lines of state waters. This definition shall 344 not include irrigation ditches, canals, storngwater run -off devices, or other artificial watercourses Deleted: store 345 except where they exist in a natural watercourse that may hay e,been altered by unnatural means. Deleted: has 346 man. I 347 348 1 5. 21 3 349 16C.02.060 Bedrock I 350 "Bedrock" means ilt, solid rock anderlvint unconsolidated surface materials. Deleted: in-place 351 352 15 27.2i4 353 16C.02.065 Berm I 354 "Berm" means a mound , i \\ .ti I of earth material used as a protective barrier to control the Deleted: or 355 direction of water flow. 356 I 357 15.27.21516C.02.067 Best Management Practices 358 "Bestjvlanagement Practices" or "BMPs" means schedules of activities, practices, maintenance Deleted: management practices 1 359 procedures, and structural and /or managerial practices that, when used singly or in a combination 360 prevent or reduce adverse impacts to the environment. 2/1/2008 9 9 1 1 1 DOC. 1 # INDEX \J - I City of Yakima 15.27 CAO 361 1 362 15.27.216 16C.02.070 Bioengineering 363 "Bioengineering" means project designs or construction methods, which use live woody 364 vegetation or a combination of live woody vegetation and specially developed natural or 365 I synthetic materials, to establish a complex root grid within the existing bank. which is resistant 366 to erosion, provides bank stability, and maintains a healthy riparian environment with habitat 367 features important to fish life. Use of wood structures or limited use of clean angular rock may 368 be allowable to provide stability for the establishment of vegetation. Deleted: the 369 370 15.27.21716C.02.075 Breakwater 371 "Breakwater" means a fixed or floating off,,shore structure that protects the shore from the f ;n c Deleted: - 372 of ■■ e or currents. Deleted: wave action 373 374 375 15.27.21816C.02.080 Bulkhead 376 "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the 377 shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject 378 to erosion., Deleted: 379 380 15.27.219 Building Official 381 "Building Official" means the manager of the Code Administration and Planning Di\ ision or a 382 designee. 383 384 1527 '2i) 385 16C.02.085 Channel 386 "Channel" means an open conduit, either naturally or artificially created, which periodically or 387 continuously contains moving water, or which forms a connecting link between two bodies of 388 water,, Deleted: 389 390 15.27.22116C.02.092 Chief Building Official 391 "Chief Building Official" or "building official" means the manager of the Building and Fire 392 Safety Division of the Department of Public Services or designee. 393 394 16C.02.095 Classification 395 "Classification" means value and hazard categories to which critical areas and natural resource Deleted: the definition of 396 lands will be assigned. 397 398 I 1 5.27.22216C.02.100 Clearing 399 "Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter 400 from a parcel of land, Deleted: site 401 402 1 5.27.223 403 16C.02.110 Compaction 404 "Compaction" means compressing soil or other material through some mechanical means to 405 make it denser. 406 2/1/2008 10 10 1 1 1 DOG. INDEX J - I 1 I City of Yakima 15.27 CAO i 407 15.27.22416C.02.115 Confinement Feeding Operation 408 "Confinement feeding operation" means the use of structures or pens for the concentrated 409 feeding or holding of animals or poultry, including but not limited to horses, cattle, sheep, or I 410 swine. This definition includes dairy confinement areas, slaughterhouses. shipping terminal 411 holdin..ens •oult and/or e.. eroduction facilities and fur farms, but does not include animal 412 husbandry and normal farming practices. I 413 414 16C.02.120 Construction 415 "Construction" means the assembly, placement, or installation of structures, roadways, 416 transmission lines, and other improvements within a parcel of land, i Deleted: project site J I 417 418 15.27.225 Construction Materials 419 "Construction Materials" for the purpose of Part Four means all new construction and substantial I 420 improvements shall be constructed with material and utility equipment resistant to flood damage 421 (See Technical Bulletin 2 -93 for qualifying materials. (FEMA ■60.3(a)(3)(ii) 422 423 15.27.226 Construction Methods I 424 "Constructions Methods' for the purpose of Part Four means all new construction and substantial 425 improvements shall be constructed using methods and practices that minimize flood damage. 426 427 15.27.227 Critical Aquifer Recharge Area 428 "Critical Aquifer recharge area" means an area with a critical recharging effect on an aquifers) 429 used for potable water or areas where a drinking water aquifer is vulnerable to contamination 430 that would affect the potability of the water. 431 432 15.27.22x 433 16C.02.125 Designated 434 "Designated" means formal legislative action to identify and describe a critical area. I 435 436 15.27.22916C.02.130 Department 437 "Department" means the t it\ i Yakima,Department of Community & Economic Development,, Deleted: County Public services 438 Deleted: , Planning Division 1 439 15.27.230 440 16C.02.135 Development 441 "Development" means the division of land into lots or parcels in accordance with the itN . Deleted: county I 442 Subdivision Ordinance (YMC 14), and any clearing, excavation, dredging, drilling, filling, 443 dumping, removal of earth and mineral materials, or other permanent or temporary modification 444 of a parcel oI land, up to, but not including, construction as defined in this chapter. For the Deleted: site 445 purpose of 15.27.400 - 4 „Chapters 16C.05.20 through 16C.05.72, "development" also means I 446 any manmade change to improved or unimproved real estate located within q, special flood Deleted: the 447 hazard area, including but not limited to buildings or other structures, mining, dredging, filling, 448 grading, paving, excavation, drilling, temporary or permanent storage of equipment and works I 449 I defined in this chapter. ± S«_, IBC G 201. Deleted: (Ref. 450 451 I I5.27.23116C.02.140 Dike 1 2/1/2008 11 11 1 1 1 000. INDEX I Cite of Yakima 15.27 CAO 452 I "Dike" means an embankment to prevent flooding by a stream or other water body. A dike is 453 also referred to as a levee. 454 455 I 15.27.23216C.02.145 Dock 456 "Dock" means a structure built over or floating upon the water and used as a landing place for 457 boats and other marine transport, fishing, swimming, and other recreational uses. 458 111 459 1 15.27.23316C.02.150 Dredging 460 "Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of 461 increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill 462 materials. This definition does not include excavation for mining within a pond created by a 463 I mining operation approved under this charnel, or under a local zoning ordinance, or a mining Deleted: title 464 operation in existence before Zoning, Shorelines, or Critical Areas permits were required for 465 such operations. 466 467 15.27.234 468 16C.02.160 Earth Material 469 "Earth material" means any rock, natural soil, urt;anlc material or combination thereof. 470 471 15.27.23516C.02.170 Enhance 472 "Enhance" means to strengthen any of the basic functional properties listed in Deleted: Section 473 1 5.2 7.5()41 6C.06.05 that exist but do not perform at optimum efficiency. "Optimum" refers to 474 the most favorable or best performance of each function achievable for a specific segment of 475 stream corridor. 476 477 I 15.27?36 16C.02.175Ephemeral Stream 478 "Ephemeral stream" means a stream that flows only in response to precipitation with no 479 1 groundwater association, usually ,30 days or les. per year. The lack of any groundwater Deleted: less than 480 association results in a lack of a distinctive riparian vegetation compared to the surrounding 481 landscape. 482 483 484 15.27.23716C.02.180 Erosion 485 "Erosion" means the wearing away of the earth's surface as a result of the movement of wind, 486 water, or ice. 487 488 I 15.27.23816C.02.190 Excavation 489 "Excavation" means the mechanical removal of earth material. 490 491 I 15.27.239160.02.200 Fill 492 "Fill" means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, 493 I gravel, concrete rubble, wood chips, bark, or waste of any kind, which is placed, stored or Deleted: rubble, 494 dumped upon the surface of the ground resulting in an increase in the natural surface elevation. 495 The physical structure of a shore stabilization structure shall not be considered fill. However, fill 496 I placed behind the structure is considered fill. titieaiilbed manipulation for irrigation diversions Deleted: Stream 497 shall not be considered fill. 2/1/2008 12 12 1 1 ©OC INDEX J -I III City of Yakima 15.27 CAO 1 498 499 1 15.27.24016C.02.205 Flood 500 "Flood" means a general and temporary condition of partial or complete inundation of normally I 501 dry land areas from the unusual and rapid accumulation of runoff of surface waters from any 502 source. 503 I 504 I 15.27.24116C.02.206 Flood Hazard Permit 505 "Flood hazard permit" means written approval applied for and obtained in accordance with such 506 rules and regulations as are established under this L haatel Deleted: title 507 I 508 15 27 _ 509 16C.02.207 Flood Insurance Rate Map 510 "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency I 511 Management Agency has delineated both the areas of special flood hazards and the risk premium 512 zones applicable to the community. 513 514 1 15.27.24316C.02.208 Flood Insurance Study I 515 "Flood insurance study" means the official report provided by the Federal Emergency 516 Management Agency that includes flood profiles, the flood boundary- floodway map, and the 517 water surface elevation of the base flood. 518 I 519 15.27.244160.02.210 Floodplain 520 "Floodplain" means a land area adjoining a river, stream, watercourse or lake. which has been 521 determined likely to flood. The extent of the floodplain may vary with the frequency of flooding I 522 being considered a. per I IT: MA IR M Maps. "Flood plain" is synonymous with the one hundred 523 (1 Ui I) year floodplain and means that land areal susceptible to inundation with a one i I) percent Deleted: - 524 chance of being equaled or exceeded in any given year. 525 I 526 I 15.27.24516C.02.215 Flood -prone 527 "Flood- prone" means a land area for which a floodway and floodplain has not been determined 528 with respect to any specific flood frequency, but for which the potential for flooding can be 1 529 identified by information observable in the field such as soils or geological evidence, or by 530 materials such as flood studies, topographic surveys, photographic evidence or other data. 531 532 15.27.24616C.02.216 Flood - proofing I 533 "Flood- proofing" for purposes of administering i'art 1 oui' 160.05 means any combination of 534 structural and nonstructural changes, or adjustments to structures. which reduce or IL' kA flood Deleted: additions, 535 damages to lands, water, r \A astev, ater treatment facilities, structures. and contents of buildings. Deleted: , 536 Deleted: eliminate 537 15.27.24716C.02.220 Floodway Deleted: and sanitary 538 "Floodway" means the regular channel of a river, stream, or other watercourse, plus the adjacent 539 land areas that must be reserved in order to discharge the base flood without cumulatively I 540 I increasing the water surface elevation more than one 11 foot. 541 542 I 15.27.24816C.02.225 Floodway Fringe 1 2/1/2008 13 13 I 1 1 DOC, INDEX .J - I City of Yakima 15.27 CAO 543 "Floodway fringe" for purposes of administering Part Fourl6C.05 means that portion of a 544 floodplain which is inundated by floodwaters but is not within a defined floodway. Floodway 545 fringes serve as temporary storage for floodwaters. 546 547 15.27.24916C.02.230 Forest Land 548 "Forest land" means land primarily devoted to forest practices activities. 549 550 16C.02.240 Forest Practices 551 "Forest practices" means activities conducted under federal forest practices approval or under a 552 Forest Practicespennit reviewed and approved by the Washington Department of Natural 553 Resources pertaining to the management of forest land , including growing, managing, 554 harvesting, and interim storage of merchantable timber for commercial value, as well as 555 incidental activities reviewed under federal or state approval, such as road construction and 556 maintenance (including bridges) and mining activities. 557 558 16C.02.250 Grade 559 "Grade" means the vertical location of the ground surface. 560 561 15.27.250 Grade, Existing 562 "Grade. Existing' is the current grade in either its undisturbed, natural condition or as disturbed Deleted: "Natural grade" is the grade 563 by some previous modification. as a exists or may have existed in its original undisturbed condition. "Existing, 564 grade 565 15.27.251 Grade, Finish 566 "Grade. Finish" is the final grade of the site, which conforms to an appro\ ed plan. 567 568 15.27.252 Grade, Natural 569 "Grade, Natural" is the grade as it exists or may have existed in its original undisturbed 570 condition. 571 572 15.27.253 Grade,,Rough Deleted: " 573 "Grade, Rough:' is a stage where grade conforms approximately to an approved plan., Deleted: grade 574 _ Deleted: "Finish grade" is the final 575 1 5. _ 7 . _ 54 Bade of the site which confonns to an 576 16C.02.255 Grading approved plan. 577 "Grading" means any excavation, filling, or combination thereof. 578 579 I 15.27.255160.02.260 Groundwater 580 "Groundwater" means water that occurs beneath the land surface, also called subsurface water or 581 subterranean water. Groundwater includes water in the zone of saturation of a water - bearing 582 formation., Deleted: 583 584 15.27.256 16C.02.263Hydrologically Related Critical Areas (HRCA) 585 "Hydrologically related critical areas (HRCA)" include all those areas identified in ; 586 15 '7.502.section 16C.06.03, within Yakima County which are important and deserving of 587 protection by nature of their value for the functional properties found in ,,15.27.50416C.06.05. Deleted: Section 588 2/1/2008 14 -- - -- 14 1 DOC. 1 INDEX _I I I City of Yakima 15.27 CAO 1 589 15.27.257 590 116C.02.266 Hyporheic 591 "Hyporheic" means a groundwater area adjacent to and below channels where water is I 592 exchanged with channel water and water movement is mainly in the downstream direction. 593 594 15.27.25816C.02.270 Intermittent Streams I 595 "Intermittent stream" means a stream, which flows only during certain times of the year, with 596 inputs from precipitation and groundwater, but usually more than 30 days per year. Grounds atel; Deleted: The groundwater 597 association generally produces an identifiable riparian area. _ 598 This definition does not include streams that are intermittent because of irrigation diversion or 1 Deleted: 1 599 other manmade diversions of the water., Deleted: . 600 — 601 15.27.259 16C.02.275 Lake or pond 602 "Lake or pond" means al inland body of standing water. The term can includc, the reservoir or I Deleted: at -- —� 603 expanded part of a river behind a dam, but excludes a man-made body of water created for Deleted: includes 604 surface mining purposes. 605 I 606 15.27.260 607 16C.02.281 Lowest Floor 608 "Lowest floor" for purposes of administering Part Four,16C.05 means the lowest floor of the 609 lowest enclosed area (including basement). An unfinished or flood - resistant enclosure, usable I 610 solely for parking of vehicles, building access or storage, in an area other than a basement area, 611 is not considered a building's lowest floor, provided that such enclosure is not built so as to 612 render the structure in violation of the applicable non design requirements of this _ I 613 chapter; I Deleted: title 614 615 15.27.261 616 16C.02.282 Manufactured Home - I 617 "Manufactured home" means a structure fabricated on a permanent chassis that is transportable Deleted: ; has sleeping, cooking, and 618 in one 1) or more sections; is designed to be used with or without a permanent foundation when plumbing facilities or any combination g p thereof; 619 connected to the required facilities, and is use4 for human occupancy as a residential dw el ling. Deleted: ;mended I 620 The _ term "manufactured home" shall include "mobile home" for regulatory purposes under this Deleted: or is being used for 621 chapter. �� �� �� �� �� �� Deleted: purposes. Although �� 622 The term shall not include "recreation vehicle." "commercial coach," "camping vehicle," "travel Washington Administrative Code (WAC) 623 trailer," "park trailer," "tip- out," and any other similar vehicle, which is not intended, designed, and Yakima County Code Titles 13 and 624 constructed or used .as a single-family dwelling, between separately define and distinguish I between "manufactured home" and 625 "mobile home" according to federal or 626 15.27.262 state construction codes for such dwellings, the 627 16C.02.283 Manufactured Home Park or Subdivision Deleted: forresiaentialparposes for I 628 "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided use 629 into two (2) or more manufactured home lots for rent or sale pursuant to in accordance with YCC 1 Deleted: and is not otherwise la beled 630 Title 15 of this Code. as a manufactured or mobile home under 631 any federal or state law. For floodplain management purposes only under this 632 1 15.27.26316C.02.284 Manufactured Home Park or Subdivision, Existing chapter, park trailers, camping vehicles, travel trailers, tip -outs, and other similar vehicles shall be considered manufactured homes when placed on a site for greater than one hundred eighty days 2/1/2008 15 15 1 1 1 DOC. I INDEX # ,J ._ 1 City of Yakima 15.27 CAO 633 "Existing manufactured home park or subdivision" means a manufactured home park or 634 I subdivision that w a ;completed before December 15. 198C the effective date of the,floodplain Deleted: for which the construction of 635 management regulations. facilities for servicing the lots on which the manufactured homes are to be affix 636 (including, at a minimum, the installatio 637 I 15.27.264160.02.285 Minerals of utilities, the construction of streets, "Minerals" either final site grading or the pouring o 638 Minerals means gravel, sand and metallic and non - metallic substances of commercial value. concrete pads) is 639 I Deleted: October 1, 1995 640 I 15.27.26516C.02.290 Mining Deleted: these 641 "Mining" means the removal of naturally occurring minerals and materials from the earth for — — _ 642 commercial value. Mining includes processing and batching. Mining does not include large 643 excavations for structures, foundations, parking areas, etc. ( See aI' a 15.27.518 Dredging and I Deleted: Also see 644 Excavation, (160.06.20). { Deleted: ). 645 646 647 15.27.266 Minor Revision 648 "Minor Revision' for the purpose of this chapter is as follows but not limited to: minor changes 649 in facility orientation or location, minor changes I structural design that does not change the 650 height or increase ground floor area. and minor accessory structures (such as equipment covers 651 or small sheds near the main structure etc.). 652 653 15.27.26716C.02.295 Native 654 "Native" means indigenous to or originating naturally within the City of Yakima and 655 surrounding area Deleted: County 656 657 15.27.268 658 16C.02.300 Natural Conditions 659 "Natural conditions" means those conditions which arise from or are found in nature and not 660 modified by human intervention. Deleted: ; not to include artificial or 661 manufactured conditions 662 15.27.26916C.02.302 New Construction 663 "New construction" for purposes of administering Pan Four.16C.05 means start of construction Deleted: structures for which the 664 After construction plans were submitted to the City and the Building Deleted: commenced on or 665 approved the construction plans to create a structure. 111 666 June 5, 1985, the date Yakima County enacted Ordinance 3 -1985 in order to meet the 667 requirements of the National Flood Insurance Program. October 1, 1995, the effective date of the 668 ordinance codified in this title shall be used for defining the term new construction as it applies 669 to all other Critical Areas requirements established under this title by Ordinance 8 -1995. 670 671 15.27.270 Non- Conformingl6C.02.303 Nonconforming Structure 672 "Non- conforming structure" for purposes of administering Part Four,16C.05 means a structure. 673 which was lay, fu,prior to,,he adoption or amendmen‘ of this chapter but which fails by reason Deleted: legally constructed 674 01 u,L li adoption or amendment. to conform to the present requirements of the zoninc district in Deleted: October 1, 1995, 675 which it is located. In addition. the structure may,rtot be permitted as a new structure under the Deleted: effective date 676 terms of this chapteibecause the structure mav,not be in conformance with the applicable Deleted: title 677 elevation and/or flood - proofing requirements. Deleted: would 678 Deleted: title Deleted: is 1 2/1/2008 16 16 1 Doc. 1 INDEX J 1 1 City of Yakima 15.27 CAO I 679 15.27.271 Non-Conformingl6C.02.304 Nonconforming Use Deleted: the 680 "Non - conforming use" for purposes of administering "Part Four ",16C.05 means muse ofjand or Deleted a building, structu or i 681 structure, which was lawfully established,and maintained prior to the adoption or amendment of Deleted: , existing J I 682 this chapt,. _ _. tconforni to$his chapter for the zonint; district in which it is located. In Deleted: at theeffoctiveaateof 683 addition, the use may; not be permitted as a new use under the terms of this chapter because the provisions of 684 use may not be in conformance to the applicable elevation and /or flood- proofing requirement, Deleted: title but which, because of the 1 685 application of this title to it, no longer confonns to the use or applicable 686 15.27.272 Normal Appurtenances elevation and/or flood- proofing 687 Normal Appurtenances includes garages, deck, driveways. utilities, fences, and grading. which requirements of this title and which would 688 do not exceed two hundred fifty (250) cubic yards. -- — III 689 Deleted: title — — 690 15.27.273 Normal Repair I Deleted: that 691 "Normal repair" means to restore a development to a state comparable to its original condition. Deleted: wilt 692 including but not limited to its size. shape, configuration, location and external appearance, Deleted: so I 693 within a reasonable period after decay or partial destruction. Deleted: , 694 Deleted: a character 695 1 5.27.274 Deleted: Groundwater is a source of 1 696 16C.02.305 Ordinary High Water Mark (OHWM) much of the water in the channel. 697 "Ordinary high water mark" means :,mark on lakes and streams which carkbe found by f Deleted: project 698 examining the bed and banks and ascertaining where the presence and action of waters are Deleted: Qualified Professional" means 1 699 ,common and usual, and so long continued in ordinary years, as to create a character mark upon Deleted: ) A qualified professional for 700 the soil distinct from that of the abutting upland. [Host have a bachelors degree or 701 higher in biology, ecology, soil science, botany, or a closely related field, and a 702 15.27.275160.02.310 Perennial Stream i minimum of five years of professional ' n n experience in wetland identification and 703 Perennial stream means a stream that flows year round in normal water years., in the Pacific Northwest.¶ 704 (b) A qualified professional for stream corridors and habitat conservation areas 705 1 5.27.276 must have a bachelors degree or higher in 706 16C.02.320 Project Site 1 wildlife biology, ecology, fisheries, or 707 n Project site" closely related field, and a minimum of means that portion of any lot, parcel, tract, or combination thereof which five years professional experience related 1 708 encompasses all phases of the total de ■ eioplllellt proposal. to the subject species/habitat type.¶ 709 (c) A qualified professional for geologically hazardous areas and 710 15.27.27716C.02.321 Qualified Professional preparation of geo- technical reports must ' be a professional engineering geologist or 711 ",A qualified professional" shall meet the following criteria: civil engineer, licensed in the state of 712 (� person/persons with experience, training, ex ertis an related work experience a ro riate Washingtonl li p �' - - - - - -- hP —p - -- (d) A qualified professional for critical 713 for the relevant critical area subject in accordance with WAC 365- 195- 905(4). The professional aquifer recharge areas must bea I 714 shall provide their qualifications subjects determined to be acceptable to the Administrative professional hydrogeologist. or '� enviromnental engineer licensed in the 715 Official to insure the professional has the acceptable level of qualifications and experience for ' state ofwasninbaon.¶ 716 the relevant critical area they will he working in. (e) A qualified professional for channel 717 migration zone reports must be a 1 professional engineering geologist, civil 718 engineer or geologist licensed in the state 7 19 15.27.278 of Washington, with a minimum of five years of professional experience in 720 16C.02.322 Recreation Vehicle ? , geomorphology.¶ 1 (f) A qualified professional for flood 7 21 "Recreation Vehicle," means a vehicle which is: studies ) al must be r essiessial f 722 (1) Built on a single chassis; , t engineering geologist or civil eng , 111 I Y Deleted :, l Deleted: 1 i Deleted: vehicle 2/1/2008 17 17 1 1 1 DOG. INDEX 1 # J 1 City of Yakima 15.27 CAO 723 , 724 (2) Four hundred 140() J square feet or less when measured at the largest horizontal 725 projection; 726 727 (3) Designed to be self - propelled or permanently towable by a light -duty truck; and. 728 729 (4) Designed primarilyfortemporary living quarters used durin4recreational, camping, travel, Deleted: not 730 or seasonal conditions, Deleted: use as a permanent dwelling 731 _but as 732 15.27.279 Deleted: for 733 16C.02.325 Restore I Deleted: use 734 "Restore" means to re- establish the basic functional properties listed in ;,15?7.50416C.06.05 Deleted: Section 735 that have been lost or destroyed through natural events or human activity with,measures ueh as ( Deleted:. This may be accomplished 736 ,re- vegetation, and removal or treatment of toxic materials. through 737 Deleted: including but not limited to' 738 15.27.280 Restoration Deleted: , removal ofintrusive 739 _P toration" Does,not imply a requirement for returning the site to aboriginal or pre- European structures 740 settlement conditions rather the return of a critical area vt ith \ ei4etation and addressing any toxic Deleted: does 741 nl: of the date of the permit. 742 743 744 15.27.281 745 16C.02.330 Revetment 746 "Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore 747 structure against erosion by wave action or currents. 748 749 1 15.27.282 16C.02.335 Riparian vegetation 750 "Riparian Vegetation" means the terrestrial vegetation that grows beside rivers, streams, and 751 other freshwater bodies and that depends on these water sources for soil moisture greater than 752 would otherwise be available from local precipitation. 753 754 1 5.27.283 755 16C.02.340 Riprap 756 "Riprap" means a layer, facing, or protective mound of randomly placed to prevent Deleted: rubble or 757 erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose. 758 759 1 15,27.284160.02.345 Scour 760 "Scour" means the removal of underwater material by waves and currents, especially at the base 761 or toe of a shore stabilization structure. 762 763 15.27.28516C.02.355 Shoreline 764 "Shoreline," as used in this chapter, means those water areas, the associated features, and the Deleted: the title 765 land areas ,that are subject to the State Shoreline Management Act,, as defined in RCW 90.58.030 Deleted: within Yakima County 766 and the City of Yakima's current(definitions), and as further identified in section 16D.10.03 Deleted: especially 767 (Shoreline Jurisdiction) of the Shoreline Master Program `YCC Title 16D) . Deleted: definitions) 768 2/1/2008 18 18 1 DOC. 1 INDEX ,� t 1 1 City of Yakima 15.27 CAO I 769 15.27.286 770 16C.02.360 Shore Stabilization 771 "Shore stabilization" means the construction or modification of bulkheads, retaining walls, dikes, I 772 levies, riprap, breakwaters, jetties, groins, weirs, and other structures along the shore, for the 773 purpose of controlling stream undercutting, stream erosion or lake shore erosion. 774 1 775 15.27.287 Single- Family Dwelling 776 "Single - family residence" means a detached dwelling designed for and occupied by one (1) 777 family. including those structures and developments, which are a nornial appurtenance. 778 I 779 15.27.28816C.02.365 Slope 780 "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of 781 horizontal distance to vertical distance. I 782 Deleted: Solid waste shall not include 783 1 15.27.28916C.02.366 Solid Waste earth, clay, sand or gravel. 784 "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but Deleted: - 785 not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and ( Deleted:. Commonly 1 I 787 786 construction wastes, abandoned vehicles or parts thereof, and discarded commodities, Deleted: - 788 I ; y l) Deleted: (other than a manufactured home) 789 16C.02.367 Special Flood Hazard Areas Deleted: any work beyond the stage of I 790 "Special flood hazard area" means the land in the floodplain identified by the Federal Emergency excavation. "Permanent construction" does not include 791 Management Agency that is subject to a one_i_Iercent or greater chance of flooding in any 792 given year commonly known as the u u ric hluin•d 1100�ear floodplain. Deleted: nor does it include 1 793 I Deleted: nor does it include 794 15.27.29116C.02.368 Start of Construction Deleted:: nor does it include the installation on the property of accessory 795 "Start of construction" for purposes of administering I ark 1 ou r.16C.05 means the first placement buildings, such as garage, or sheds not 796 of permanent construction of a structure on a site, such as the pouring of slabs or footings or Jand occupied as dwelling units or not as part 1 797 preparation, such as clearing, grading and filling, the installation of streets or walkways; (other than a manufactured hone) 798 ,excavation for a basement, footings, piers or foundations, or the erection of temporary forms of the main structure. For a structure . without a basement or poured footings, the "start of construction" includes the 799 first permanent framing or assembly of 800 15.27.292 the structure or any part thereof on its I piling or foundation. For manufactured 801 16C.02.370 Stream homes not within a manufactured home 802 "Stream" means water contained within a channel, perennial, intermittent. or ephemeral. park, "start of construction" means the affixing of the manufactured home to its 803 Streams include hoth natural watercourses and tho.,c modified by man (li \a_mplL:,stream flow permanent site. For manufactured homes 804 manipulation, channelization, and relocation of the channel l. within manufactured home parks. "star) of construction" is the date on which the 805 They do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, canals, construction of facilities for servicing the 806 stormwater runoff facilities, or other artificial watercourses e\cept those that are located within site on which the manufactured home is 80 - - to be affixed (including, at a minimum, 1 \IsIInL ■1C11Il ttl , . , i - ,Uallh. the construction of streets, either final site 808 grading or the pouring of concrete pads, and installation of utilities) is completed 809 15.27.293 810 16C.02.380 Stream Corridor Deleted: either 811 "Stream corridor," as used in this chapter means features listed and described ink Deleted: , for example, by 812 15.27.50216C.06.03 and re.lated appendices to this title. Deleted: 813 Deleted: title 814 I 15.27.294 16C.02.390 Structure Deleted: those 1 Deleted: Chapter 2/1/2008 - 19 — 19 1 1 1 DOC. INDEX # J — a 1 City of Yakima 15.27 CAO 815 "Structure" means anything constructed or erected. which requires location on the ground, or 816 attached to something having a location on the ground, but not including fences or walls used as 817 fences less than six (6) feet in height and include gas or liquid storage tanks when located,above Deleted:. The tenn also includes 818 ground. Deleted: principally 819 820 15.27.295160.02.395 Substantial Improvement 821 "Substantial improvement" for purposes of administering Part Four16C.05 means any repair, 822 reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty l 5( / ) 823 percent of the assessed value of the structure either: 824 (1) Before the improvement or repair is started; or Deleted: 825 „Before the damage occurred to a structure, Deleted: 826 For the purposes of this definition, "substantial improvement" occurs when the first alteration of (2) 827 any wall, ceiling, floor, or other structural part of the building commences, whether or not that Deleted: that has been damaged and is 828 alteration affects the external dimensions of the structure. The total value of all improvements to being restored 829 an individual structure undertaken subsequent to March 4. 1986,, the effective date of this title, Deleted: October 1, 1995 830 shall be used to define "substantial improvement" for said structure. The term does not, 831 however, include either: 832 (A) Any project for improvement to a structure to comply with existing state or local health, Deleted: 1 833 sanitary or safety code specifications which are solely necessary to assure safe living conditions; 834 or 835 I (b) Any alteration of a structure listed on the National Register or Historic Places or a state Deleted: 2 836 inventory of historic places. 837 838 15.27.29616C.02.400 Use 839 "Use" (See "Use as defined in ch. 15.02). 840 means the activity to which land or a building is devoted and for which either land or a building 841 is or may be occupied or maintained. 842 843 844 845 15.27.297 Utility Equipment 846 "Utility Equipment" for the purposes of Part Four means all electrical heating. ventilation. 847 plumbing and air - conditioning equipment and other ser\ ice facilities shall be designed and/or 848 otherwise elevated or located so as to present hater from entering or accumulating within the 849 components during conditions of flooding. 850 851 15.27.298 852 16C.02.415 Vegetative Buffer or Buffer 853 "Vegetative buffer or Buffer" means an area extending landward from the ordinary high water 854 mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise 855 allowed to provide support,for the performance of the basic functional properties of a stream Deleted: , under optimal conditions, 856 corridor, wetland and other hydrologically related critical areas as set forth in 1 5.2 7.504 adequate soil conditions and native vegetation 857 16C.06.05 (Functional Properties, and 1i27.603 160.07.04 (Wetland Functions and Rating, Deleted: Chapter 858 ). It is understood that optimal conditions do not always exist due to degradation of the 859 vegetative buffer before establishment of this title, or due to colonization by non - native species. Deleted: ) 2/1/2008 20 1 20 — 1 DO C. 1 INDEX �'I I 1 City of Yakima 15.27 CAO I 860 Such conditions still provide functional properties, though at a lower level, depending on the 861 difference from natural conditions. 862 I 863 15.27.299 864 16C.02.425 Wetland 865 "Wetland" ,means areas that are or saturated by surface water or ground water at a I Deleted: or ''wetlands" f 1 866 frequency and duration sufficient to support, and that under normal circumstances do a I Deleted: area 1 867 prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands ; Deleted: does 868 generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those 869 artificial wetlands intentionally created from non - wetland sites, including, but not limited to, I 870 irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater 871 treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 872 1990, that were unintentionally created as a result of the construction of a road, street, or I 873 highway. Wetland ;may include those artificial wetlands,jntentionally created from nor wetland Deleted: However, wetlands I 8 74 areas created to mitigate conversion of wetlands, Deleted: specifically 875 Deleted: - 876 15.27.299A 16C.02.430 Wildlife I Deleted: 877 "Wildlife" means all species of the animal kingdom whose members exist in Washington in a 878 wild state. which includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or I Deleted:. The term "wildlife" 879 invertebrate, at any stage of development, Deleted: The term "wildlife" does not 880 include feral domestic mammals or the 881 1 5. �7.299B ' family Muridae of the order Rodentia (old world rats and mice). 882 16C.02.435 Wildlife Habitat 883 "Wildlife habitat" means an area of climate, soils, vegetation, relationship to water, location, and Deleted: areas which, because I 884 or other physical properties, which are, identified as having ;critical importance to the Deleted: have been 885 maintenance of wildlife species. Deleted: of 886 887 1 15.27.299D16C.02.440 Works I 888 "Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved 889 road, abutments, projection, excavation, channel rectification, or improvement, Deleted: attached to. or affixed upon, i the realty 1 1 1 1 1 2/1/2008 21 21 1 1 DOC. INDEX 1 # � J - I _. Cite of Yakima 15.27 CAO 1 890 CHAPTER 15.27 891 PART THREE 1 1 1 1 1 1 1 1 1 1 1 1 1 2/1/2008 22 22 1 1 D QC. 1 INDEX # J I ..a- City of Yakima 15.27 CAO 1 892 1 Chapter 16C.03 893 APPLICATION AND REVIEW PROCEDURES 894 1 Sections Defined: I 895 General Provisions 896 15.27.30016C.03.01 Critical Area Development Authorization Required 897 898 Inquiry and Early Assistance 899 15?7.30116C.03.02 Critical Area Identification Form and Critical Areas Report Requirements j Deleted: Reports j 900 15.27.302160.03.03 Pre - application Conference 901 16C.03.04 Technical Assistance Conference I 902 903 Abbreviated Review Alternatives 904 15.27.303 16C.03.05 Minor Activities Allowed without a Permit or Exemption 905 15.27.30416C.03.06 Exemption = Procedural Requirements, Deleted:. I 906 15.27.305 Documented 16C.03.07 Exemptions for Hydrologically Related Critical 907 Areas, Wetlands 908 I 15.27.306 Documented 16C.03.08 Exemptions for Geologically Hazardous Areas 909 Development Authorizations 910 15.27.30716C.03.09 Exemptions for Upland Wildlife Habitat and Habitats of Local Importance 911 Development Authorizations 912 160.03.10 Mitigation requirements 1 913 914 Review Process 915 15.27.308 16C.03.11 Application Submittal 916 15.27.309 16C.03.12 Determination of Review Process 917 15.27.310 16C.03.13 Development Authorization — Review Procedure 918 15.27.311 16C.03.14 Authorization Decisions — Basis for Action 919 15.27.312 16C.03.15 Conditional Approval of Development Authorization I 920 15.27.313 16C.03.16 Fees and Charges 921 922 Critical Areas Reports I 923 15.27.31416C.03.17 Critical Areas Report Requirements 924 15.27.315 16C.03.18 Supplemental Report Requirements for Specific Critical Areas 925 926 Permit Review Criteria I 927 15.27.31616C.03.20 Standard Development Permit 928 15.27.317160.03.23 Adjustment 929 15.27.31816C.03.24 Reasonable Use Exception 930 15.27.31916C.03.25 Minor Revisions to Approved Uses or Developments I 931 15.27.32016C.03.26 Non - Conforming Uses and Facilities 932 1516C.03.27.32 General Critical Areas Protective Measures 1 2/1/2008 23 23 1 1 DOC. INDEX 1 # j City of Yakima 15.27 CAO 1 933 general Provisions . _ - ( Deleted: 1 1 934 15.27.300 935 16C.03.01 Critical Area Development Authorization Required 936 Flo new development, construction or use shall occur within a designated critical area without - Deleted: (1) 937 obtaining a development authorization in accordance with the provisions of this chapter., except (Deleted title 938 for those provided for in 15.27.303section 16C.03.05 (Minor Activities Allowed. 939 1) ,Exemptions, as provided for in 1 ` 15 27.304sections 16C.03.07 through I Deleted: without a Pennit or 940 15?7.30616C.03.09, shall be considered as development authorization,, I Exemption)._ _ _ _ 941 2) (2) With respect to application and review procedures, it is the intent of this chaptecto 1 Deleted: 942 streamline and coordinate development„authorization Vs ithin apritical area and recognize, I Deleted: title 943 other requirements by local, state, and/or federal permits or authorizations. Development,, I Deleted: the 944 construction, or use occurring within a designated critical area shall be processed according I Deleted: of 945 to the provisions of this chapter. unless determined to be exempt. Deleted: projects which require I 946 13) and the Project Permit Administration Ordinance (YCC Title 16B). Deleted: Any nonexempt development 947 Approval of a development authorization under this chaptei, shall be in addition to, and not a Deleted: title 948 substitute for, any other development permit or authorization required by the City of Yakima, 949 3) ,Approval of a development authorization under this chapter; shall not be interpreted as an Deleted: County. 1 950 approval of any other permit or authorization required of a development, construction, or use. Deleted: title 951 4) (4) De\ elopment authorizationyissued in accordance with this chapter; shall continue, with Deleted: Permits 952 the land and have no "sunset clause" unless otherwise stated in the development Deleted: tine 953 authorization. -- Deleted: run 954 5) (5) Coordination with Other Jurisdictions, _. - -- 955 (A) Where all or a portion of a standard development project site is within a designated Deleted: 956 critical area and the project is subject to another local, state or federal development permit or 957 authorization „the Administrative Official shall determine whether the provisions of this Deleted: then 958 chapter can be processed in conjunction with oval, state or federal development permit or Deleted: title 959 authorization, or whether a separate critical area development authorization application and Deleted:. and as part of, that 1 960 review process is necessary. - 961 a) ,The decision of the Administrative Official shall be based upon the following criteria: Deleted: 962 (i) 963 i) The nature and scope of the project and the critical area features involved or 964 potentially impacted; 965 ii) (ii) The purpose or objective of the permit or authorization and its relationship to 966 protection of the critical area; 967 iii) _ i i) The feasibility of coordinating the critical area development authorization _ 968 with ther,permitting agency; Deleted: the 111 969 iv) (i‘ ) The timing of the permit or authorization. 970 b) (B) When a determination has been made that provisions of this chapter can be handled Deleted: one 1 971 through another applicable development permit or authorization process, project 972 proponents maybe required to provide,additional site plans, data, and other information Deleted: will 973 necessary as part of that process to,ensure,compliance with this chapter.,The Deleted: any _ _ 974 Administrative Official's decision on the critical area development authorization shall be Deleted: fully evaluate the critical area 975 coordinated to coincide with other permits and authorizations. The Administrative project and 976 Official may determine to accept the development authorization andior permits from the Deleted: its 977 other reviewing at*encies as complete compliance vv ith the city's critical area ordinance. Deleted: line. i 978 2/1/2008 -- — — 24 1 24 I I DOC. 1 INDEX # _ - ► 1 1 I City of Yakima 15.27 CAO I 979 980 981 Inquiry and Early Assistance 1 982 15.27.301 983 16C.03.02 Critical Area Identification Form and Critical Area Report Requirements, ; Deleted: 984 1. Prior to the review,of any applicable proposed development, construction or use, the 1 Deleted: or consideration I 985 applicant shall provide the City with a Critical Areas Identification Formexcept those 986 provided under Applicability (16C.01.05), and site plan and any other information the 987 City may require Minor Activities Allowed Without a Permit or Exemption 988 (16C.03.05), the County shall consider available information to determine if a � I 989 critical area is present. 1 r Deleted: likely to be 990 991 1) Upon receipt of a Critical Area Identification Form and site plan, The presence of a 992 critical area found on the paper and electronic maps within or adjacent to the property I 993 proposed for development is sufficient foundation for the Administrative Official or 994 designee mayto require preparation of a critical area identification form, provided by the 995 department, and a preliminary site plan. This critical area identification form and preliminary ' 1 996 site plan may be one piece of information used to analyze how a critical area could be 997 affected by a development proposal. To the extent possible, all critical area features must be 998 identified on the critical area identification form and shown on the preliminary site plan prior 999 to the Administrative Official determining whether the development is subject to this title. I 1000 2) Upon receipt of a critical area identification form and site plan, the Administrative Official 1001 will typically conduct a site examination to review critical area conditions. The ' Deleted: on site 1002 Administrative Official or designee shall notify the property owner of the site examination 1 1003 prior to the site visit and the property owner shall provide reasonable access to the sits, Deleted: Reasonable access to the site 1004 shall be provided by 1005 3) The Administrative Official or designee shall review the available information pertaining to Deleted: for the site examination during 1 any proposal review, restoration, 1006 the proposal and make a determination whether any critical areas may be affected„ If so, a emergency action, or monitoring period I 1007 more detailed critical area report shall be submitted in conformance with § 15.27.314 Deleted: site and the 1008 Critical Areas Report Requirements and § 15.27.315 section 16C.03.17 (Critical Areas Deleted: as to 1009 Reports) and section 16C.03.18 (Supplemental Report Requirements for Specific Critical Deleted: by the proposal. I 1010 Areas, except as provided below; 1011 a) No critical areas present. If the Administrative Official or designee is able to Deleted: 1012 sufficiently determine,a critical area does not exist within or adjacent to the project area Deleted: 1013 and / or ,a critical area report is not required_; Deleted: that 1 1014 i. Critical areas present, but no impact. If the Administrative Official , , Deleted:. wen 1015 designee is able to determine the existence, location and type of critical Deleted: sufficiently to indicate that 1016 area and project area is not within,the critical area ant4or the Deleted: or adjacent to 1017 project v, ill not hay e an indirect impact on the function of an adjacent I = - 1018 wetland. activity and that the proposed activity is unlikely to degrade the 1019 b) decision on the permit or review; functions or values of the critical area, then the Administrative Official may 1020 c) Critical areas may be affected by ,■ proposal. Ths Administrative Official or designee waive the requirement fora critical I 1021 may waive the requirement for a critical areas report utilizing the technical expertise of area report. A summary of the determination shall be included in any 1022 other reviewing agencies if: staff report 1023 i) ,The Administrative Official is sufficiently able to determine the existence, location —_ 1 Deleted: If the project area is within or 1024 and type of the critical area; I adjacent to a critical area or buffer the 1 '[ Deleted: 3 2/1/2008 25 25 1 1 1 DOG. INDEX 1 j City of Yakima 15.27 CAO 1 1025 1. The project, scale orpature jsuch that a specialist is not ! Deleted: is of a small 1 1026 necessary,to identify impacts and mitigation: and. 1 Deleted: uncomplicated 1027 ii) . Work within a wetland or stream channel would generally not meet this provision; I Deleted:, 1028 iii) The applicant agrees to provide mitigation ,the Administrative Official deems I Deleted: needed 1 1029 adequate to mitigate for anticipated impacts. , 1030 iv) ReportsA summary Deleted: that p ary of the determination shall be included in any staff report or 1031 decision on the permit or review. Deleted: Restoration of degraded areas may serve as mitigation; and, 1032 d) If the applicant wants greater assurance of the accuracy of the critical area review 1 1033 determination, the applicant may choose to hire a qualified professional to provide such 1034 assurances. 1035 e) As guidance on thepractical application of the requirement for critical areas reports, _ 1 1036 reports will generally fall into the following groups; Deleted: based on increasing 1037 i) Determining the absence of a critical area complexity and cost of the report 1038 ii) Determining the existence, location and type of a critical area; Deleted: (sometimes resulting when initial indicators show the likely presenc� 1039 iii) Determining impacts of an encroachment on a critical area and general mitigation ofa critical area) 1040 measures; and - — - 1041 ii. Developing a compensatory mitigation plan, 1042 iv) The Administrative Official, or designee shall base v‘etland boundary determinations I Deleted: for replacement 1 1043 on those criteria specified in the Washington State Wetlands Identification and 1044 Delineation Manual (1997). Wetland mitigation adequacy determination by the 1045 Administrative Official shall be consistent with the Wetland Mitigation in Deleted: oflost wetland orstream channel area 1046 Washington State, Parts 1 and 2 (March 2006 or as updated) _ 1047 Deleted: , construction 1048 15.27.302 Deleted: title shall be 1049 16C.03.03 Pre - application Conference Deleted: ` except that 1050 Any new development, or use falling under the provisions of this chapter may be,,subject to a pre- Deleted: ). The department shall schedule a pre - application conference fo 1051 application conference. Prior to the pre - application conference, the project proponent must as soon as is reasonably possible to allow 1052 submit a Critical Area Identification From and preliminary site plan. attendance by the project proponent and necessary staff. To assist in project 1053 /roject review for flood hazards shall follow the pre - application requirements established to review and discussion, prior to the pre - 1054 administer Part Four chapter 16C.05 (Flood Hazard Areas, application conference, the project proponent must submit a preliminary site 1055 ,The pre- application conference is intended to allow the Administrative Official or designee to: plan showing the nature and scope of the 1056 1) (1) Establish the scope of the project and the critical area features involved or potentially proposed project along with any existing features of the property having a 1057 impacted; relationship to the project. 1058 2) Consider the degree to which the project may affect or impair a designated critical area and Deleted: other 1059 identify potential concerns that may arise; Deleted: authorization 1060 3) (2) Identifypermits. exemptions. and authorizations, which the project proponent may need Deleted: title 1 1061 to obtain; 1062 4) (3) Determine whether the project will be processed through the developmentprocedures of Deleted: throu 1063 this chaptet;or coordinated witl ;the review procedures of another development permit or Deleted: and approval 1064 authorization; Deleted: required of the project from� 1065 5) (4) Provide the proponent with resources and technical assistance (such as maps, scientific Yakima count 1066 information, other source materials, etc1; anct, Deleted: .) to assist the proponent in meeting the provisions of this title 1067 6) (5) Determine whether there is a need for a preliminary site assessment, I Deleted: any applicable rules and 1068 regulations of other agencies and 1069 jurisdictions; Deleted: or a technical assistance conference to better define the critical area issues and alternatives; 2/1/2008 26 26 1 1 DOO. 1 INDEX ,I - I 1 City of Yakima 15.27 CAO 1 1070 7) Determine whether the project can be processed as an exemption, or if not, what type of 1071 permits or reviews may be needed. Final determination of necessary permits will be made 1072 based on the project design and submittal materials; 1073 8) Consider whether a preliminary site assessment should be scheduled in the field to determine 1074 the applicability of the development standards of this title to the project, based on 1075 information contained in the preliminary site plan. I 1076 1077 16C.03. 04 Technical Assistance Conference 1078 If requested by the project proponent or otherwise determined necessary, the department will 1079 arrange a meeting of representatives of those agencies and organizations with expertise, interest, I 1080 or jurisdiction in the project. In conjunction with the invitation to attend the technical assistance 1081 conference, the department will provide the potential participants with a project summary 1082 compiled from the pre - application conference. The technical assistance conference may also I 1083 involve a preliminary site assessment, if it is determined that resolution of issues related to the 1084 project can be achieved through an on -site review. The purpose of the technical assistance 1085 conference will be to: 1086 1) Confirm and define the requirements of any other applicable local, state or federal I 1087 regulations; 1088 2) Clarify any identified procedural or regulatory conflicts and define the alternative courses of 1089 action available to the applicant in addressing project requirements; 1090 3) Determine whether compliance with other existing statutes and regulations will adequately 1 1091 address the provisions of this title; 1092 4) Provide the proponent with guidance, available data and information that will assist in 1093 complying with the provisions of this title and other ordinances and regulations; I 1094 5) Provide the proponent with guidance concerningproject modifications or site enhancements 1095 that would eliminate or minimize impacts to the critical area; 1096 6) Provide the proponent with alternatives for securing data, information, or assistance 1097 necessary to the project but not available through the pre - application conference; I 1098 7) Detennine whether a critical area report is necessary, and if so, the qualifications, skills and 1099 expertise required of a consultant to perform the special study. 1100 1101 Abbreviated Review Alternatives I 1102 15.27.303 1103 16C.03.05 Minor Activities Allowed without a Permit or Exemption. 1104 1) This chapter shall be inapplicable to thgfollowing actions (15 27.140(2))activities are Deleted: The I 1105 included under 16C.01.05(1) (Applicability) and are allowed without apermit or exemption: 1106 a) Maintenance of existing, lawfully established areas of crop vegetation, landscaping„ Deleted: (including 1107 paths, and trails, or gardens within a regulated critical area or its buffer. Examples Deleted:) 1108 include __glowing lawns, weeding, ,garden crops, pruning, and planting of non - invasive Deleted: , harvesting or changing crops, 1 1109 ornamental vegetation or indigenous native species to maintain the general condition and Deleted: harvesting and replanting of 1110 extent of such area Cutting down trees and shrubs within a buffer is not covered under 1111 this provision, but maybe covered under an exemption. Excavation, filling, and Deleted: 1 I 1112 construction of new landscaping features, such as concrete work, berms and walls, are not 1113 covered in this provision and are subject to review; 1114 b) Minor maintenance and/or repair ofstructures that do not involve additional construction, Deleted: lawfully established 1115 earthwork, or clearing. Examples include painting, trim or facing replacement, re- 1 2/1/2008 27 27 1 1 1 D4)C, INDEX 1 City of Yakima 15.27 CAO 1116 roofing, etc. Cleaning . operation and maintenance of canals, ditches, drains, waste ways ■ Deleted: Construction or replacement, 1117 etc. ,is not considered additional earthwork, as long as the cleared materials are placed or structural elements is not covered in this provision, but may be covered under 1118 outside the stream corridor, wetlands, and buffers; ■ an exemption. _ 1119 c) Low impact activities such as hiking, canoeing, viewing, nature study, photography, j Deleted: without expanding their 1120 hunting, fishing, education or scientific research; original configuration 1121 I d) Creation ofprivate trails that do not cross streams or wetlands that are less than two (2) Deleted: unimproved 1122 feet wide and do not involve placement of fill or grubbing of vegetation; I 1123 e) Maintenance and normal work of the Greemr av pathway and grounds: 1124 e) f) Planting of native vegetation; 1125 f) g) Noxious weed control outside vegetative buffers identified in 15.27.514Chapter 1126 16C.06.16; I 1127 g) h) Noxious weed control within vegetative buffers, if the criteria listed below are met. 1128 Control methods not meeting these criteria may still apply for a restoration exemption, or 1129 other authorization as applicable; Deleted: I 1130 i) Hand removal /spraying of individual plants or other acceptable method appro. red b\ 1131 the admin: ,.i, . , , ,,,,t;, Deleted: only 1132 ii) No area wide vegetation removal/grubbing. 1133 I 1134 1135 1136 15.27.304 Documented 16C.03.06 Exemption— Procedural Requirements, Deleted:_ _ 1137 The folio Ili/ development activities t are exempt from standard development pennits,,except that Deleted: Certain I 1138 Flood Hazard exemptions shall follow the exemption procedures found,in 15 27.403. Deleted: and uses - 1139 L _;_ „ chapter 16C.05.20.06, shall follow procedures 6 a) below, and does not Deleted: some permit processes and 1140 under any circumstances give permission to degrade a critical area or ignore risk from natural shall instead be reviewed using the ed 1141 hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary procures below, 1142 outcome of the exempted activity shall be restored, rehabilitated. or replaced at the responsible Deleted: provided 1143 party's expense. according to ti 1.5 27.521 Reclamation.established to administer Chapter 16C.05 1144 (Flood Hazard Areas). 1145 1) Tiny exempted development shall be consistent with the policies and provisions of this Deleted: Exemptions shall be construe, 1146 chaptertitle. narrowly and any 1147 2) Only those developments that meet the precise tenns of one or more of the listed exemptions 1148 may qualify for review under these provisions. 1149 3) If any part of a proposed development is not eligible for an exemption, then a development 1150 permit is required for the entire proposed project. Deleted: development 1151 1) The b,. �.-- - -___- - .,,e is exempt is on the applicant. II 1152 4) When a development or use is proposed that does not comply with the bulk, dimensional and 1153 performance standards of this chapter such development must also obtain an Adjustment Deleted: title 1154 (16C.03.23). -- { Deleted:. ¶ 1155 5) All exempted activities shall use reasonable methods to avoid,impacts to critical areas. To be f Deleted: potential ' 1156 exempt from this title does not give permission to degrade a critical area or ignore risk from 1157 natural hazards. Any incidental damage to, or alteration of, a critical area that is not a 1158 necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the I 1159 responsible party's expense, according to section 16C.06.23 (Reclamation). 1160 2) The proponent of an exempt activity shall submit a written request for a documented, Deleted: pennit 1161 exemption v hich states the following: 1 2/1/2008 - - -- 28 28 1 1 1 LOS, INDEX # I - f I Citv of Yakima 15.27 CAO I 1162 a) Why the exemption is being sought. 1163 b) Aproject description that demonstrates the following: 1164 i) The sequence of activities to be conducted, I 1165 ii) The equipment to be used (hand or mechanical), 1166 iii) The best management practices to be used. 1167 iv) The efforts employed to minimize adverse impacts, and I 1168 v) Restoration for disturbed areas following the activity including mitigation for 1169 lost ti etland functions. 1170 6) The Administrative Official or designee that describes the activity and states the exemption 1171 requested. The applicant shall submit to the Administrative Official a written description of I 1172 the project that demonstrates compliance with applicable standards. 1173 7) The Administrative Official shall review the exemption request to verify that it complies with 1174 this title. 1175 8) The Administrative Official shall approve or deny the exemption. ' 1176 9) A formal letter of exemption shall be provided when ,an exempt activity is approved under where 1177 this chaptertitle. A copy of the exemption shall be kept on file by the Administrative 1178 Official. If an exemption cannot be granted, the Administrative Official or designee shall _ I 1179 notify the applicant in writing. stating the reason for denial of the exemption, at which time 1 Deleted: of 1180 the applicant may pursue other permit processes under this chapter or modify the acti■ itvtitle. 1181 3) Conditions may be attached to a level that would justify reconsideration. 1182 10) The following activities are exempt from the standard development permit process. I Deleted: the approval of exempted I 1183 uses as necessary to assure continued consistency of the project with this title. developments I 1184 4) Exempt activities are identified in the following locations. ,However, this provision does Deleted: Such activities are stated as 1185 not exempt an activity from other parts. permits or reviewsFequired under Ch. 15.37: exempt from the standard development permits or flood hazard perils. I 1186 11) this title. ` • Deleted: that may be 1187 a) Those activities listed in § 15.27.305 sections 16C.03.07 (Exemptions,for Wetlands Deleted from may be and wetlands) 1188 (16C.07), and Hydrologically Related Critical Area, Features and Wetlands(16C.06.03); are exempt from the standard 1189 b) Those activities listed in a 15?7.3iYs sections 16C.03.09 (Exemptions for Upland development pennit requirements I 1190 Wildlife Habitat and Habitat of Local Importance) are exempt from the standard I Deleted: Areas 1191 development permit requirements for Upland Wildlife Habitat and Habitat of Local 1192 Importance (16C.06.04); I 1193 a. Those activities listed in sections 16C.03.08 (Exemptions for Geologically 1194 Hazardous Areas; and. 1195 c) ) are exempt from the standard development permit requirements for Geologically 1196 Hazardous Areas (16C.08); I 1197 d) Those activities listed in § 15 27.403sections 16C.05.20.060 are exempt from the Flood -- - - 1198 Hazard Permit requirements of "Part Four Hazard Areas (16C.05). I Deleted: for 1199 1200 15.27.305 Documented 1201 16C.03.07 Exemptions for Hydrologically Related Critical Areas and Wetlands 1202 The following development activities are exempt tiom standard development permits, except that 1203 Flood Hazard exemptions shall follow the exemption procedures found in § 15.27.403. I 1204 1205 (1) Construction of asingle- family residence and appurtenances where the residencegnd 1 Deleted :, I 1206 appurtenances meet all requirements of the City of Yakima and do not lie within a designated 1207 critical area or buffer (See Single - Family Dwelling and Normal Appurtenances definition §§ 1 2/1/2008 29 1 1 1 DOC, 1 ENDEX # J E 1 . - City of Yakima 15.27 CAO 1 1208 15.27.287 & 15.27.272). Applications for development within critical areas or their buffers 1 1209 hall follow the procedures of 15.27.317 Adjustments.Wetlands 1210 a) The following development activities are exempt from standard development permits that are 1211 required within Wetlands designated in chapter 16C.07.02 (Designation and Mapping) and 1 1212 Hydrologically Related Critical Areas features designated in section 16C.06.03 (HRCA 1213 Features): 1214 Construction shallby an owner, lessee, or contract purchaser of a single - family residence 1 1215 for his own use or the use of his family, which residence meets all requirements of the 1216 state agency or local government having jurisdiction thereof, other than requirements 1217 imposed pursuant to this title. "Single- family residence" means a detached dwelling 1218 designed for and occupied by one family including those structures and developments 1 1219 within a contiguous ownership which are a normal appurtenance. An "appurtenance" is 1220 necessarily connected to the use and enjoyment of a single - family residence and is 1221 located landward of the ordinary high water mark and the perimeter of a wetland. Normal ' Deleted: . 1222 appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic Deleted: ; 1223 tank and drainfield and grading which does not exceed five hundred cubic yards and Deleted: Construction of the normal 1224 which does not involve placement of fill in any wetland or at locations waterward of the protective bulkhead common to single_ 1 family residences. A "normal protective" 1225 ordinary high water mark: and bulkhead 1226 1) b► ,Construction authorized under this exemption shall be located landward of the ordinary , Deleted: an existing 1227 high water mark Deleted: A normal 1228 (2) Single- Family residence bulkheads. t+ hii J includes those structural and nonstructural Deleted: bulkhead is 1229 developments installed at or near, and parallel to, the ordinary high water mark for the sole = - -- - — � 1230 purpose of protecting (lie single- family residence and appurtenant structures from loss or Deleted: — 1231 damage by erosion. I Deleted: a vertical or near vertical wall is being constructed or reconstructed, not 1232 a) Normal protective bulkheads are not exempt if constructed for the purpose of creating more than one cubic yard of fill per one, 1233 dry land. foot of wall may be used as backfill. When 1234 b) 1 he Administrative Official or designee shall consider bioengineering options prior to Deleted: is being repaired 1235 exemption of (b) & (c) below. Deleted: fronting the existing wall, 1236 c) ,When repairing, an existing bulkhead by construction of a vertical wall „it shall be - - ---- 1237 constructed no further waterward of the existing bulkhead. D t necessary for construction o of n f new footings. When a 1238 2) Bioengineered erosion control projects may be considered a bulkhead when the project has bulkhead has deteriorated such that an ordinary high water mark has been 1239 been approved by the Department of Fish and Wildlifs; established by the presence and action o 1240 3) ,(3),(e) and WAC 173- 27- 040(2)(a)), provided such development and construction does not water landward of the bulkhead then the 1241 involve excavation, fill, or other work which is not consistent with the functional properties replacement bulkhead must located at P P or r n near the he a actual ordinary hig gh water 1 1242 of stream corridors and other hydrologically related critical areas as set forth in Section mark. 1243 16C.06.05 of this title. The total cost or fair market value of the development shall include Deleted: nonnal protective 1244 the fair market value of any donated, contributed or found labor, equipment or materials; Deleted: when any structural elements 1245 4) Construction or practices normal or necessary for farming, irrigation, and ranching activities, are consistent with the above requirements and ` 1246 including agricultural service roads and utilities, construction of a barn or similar agricultural • -_ -_- - — 1247 structure, and the construction and maintenance of irrigation structures including but not Deleted: department of fish and wildlife 1248 limited to head gates, pumping facilities, and irrigation channels; provided, that a feedlot of Deleted: Development and construction 1249 any size, all processing plants, other activities of a commercial nature, and/or alteration of the for which the total cost or fair market 1250 contour of the land by leveling or filling other than that which results from normal value, whichever is higher, does not exceed five thousand dollars (adjusted fo 1251 cultivation, shall not be considered nortnal or necessary farming or ranching activities. A . inflation as determined by the 1252 "feedlot" shall be an enclosure or facility used or capable of being used for feeding livestock Washington Office of Financial Management using methods provided in 1253 hay, grain, silage, or other livestock feed, but shall not include land for growing crops or RCW 90.58.030 Deleted: 2/1/2008 30 30 1 1 DOC. DOC. INDEX 1 I City of Yakima 15.27 CAO I 1254 vegetation for livestock feeding and /or grazing, nor shall it include normal livestock 1255 wintering operations; Deleted: s 1256 Normal maintenance or repair of existing structures or development, including damage by Deleted:. 'Normal maintenance" includes those usual acts to prevent a 1257 accident, fire, or elements are exempt, but may require a buildingpennit. (See ` 15.27 273 decline, lapse, or cessation from a 1258 •lormal Repair). lawfully established condition. " 1259 a) Except where repair involves total replacementpr causes substantial adverse effects Deleted: repair" means to restore a development to a state comparable to its I 1260 to the environment. original condition, including but not 1261 5) ,Replacement of non - conforming uses or facilities may also be subject to Ch. 15.19 section limited to its size, shape, configuration, location and external appearance, within 1262 160.03.26 (Non - conforming Uses and Facilities; a reasonable period after decay or partial 1263 (4) Emergency construction for protectingproperty from damage by the elements. destruction, except I 1264 6) An "emergency" is an unanticipated and imminent threat, which requires immediate action Deleted: which is not common practice 1265 or response within a time period too brief to allow full compliance with this title. The Deleted: Replacement of a structure or , development may be authorized as repair 1266 following criteria must exist to qualify any action under an emergency provision: where such replacement is the common 1267 a) There must be an immediate threat to life, public or private property, or the method of repair for the type of structure I 1268 environnlentr arising from a natural condition or technical incident_ or development and the replacement structure or development is comparable to 1269 a) _ the original structure or development 1270 b) The emergency response must be confined to the action necessary to protect s hape, co but not limited ti its size, �' P shape, configuration, location and 1271 1 life or property from damage, external appearance, and the replacement 1272 b) ' does not cause additional substant p1 1273 b) c) The scope of the emergency response must be limited to the work necessary to ( Deleted:) 1274 relieve the immediate threat_. 1 Deleted: necessary to protect I 1275 c) ; Deleted: an immediate threat of serious 1276 d) The emergency response applies only to the period of time when he actual emergency envi degradation $ Y P PP Y P $ g Y 1277 exists; Deleted: in which I 1278 e) The request must be accompanied by a ermit application or or an mer enc Deleted: .11 q P Y ,P PP � ,p g Y 1279 exemption. Submittal requirements may be, waived until after the emergency is deemed Deleted: paid _ 1280 abated. and at that time the property owner shall submit an emergency mitiiiation Deleted: a request _ 1281 summary to the City of Yakima; Deleted: a non- �� 1282 7) (5) Construction of a dock for the,use of,a single - family or ,multiple-family residence; Deleted: beyond normal exemptio 1283 8) (6) The, construction of canals, waterways, drains, reservoirs, or other manmade facilities ,as a submittal requirements are 1284 part of an irrigation system; Deleted:. As soon as the emergency is deeme y appropriate au d abated by I 1285 9) (7) Operation and maintenance of any system of dikes, ditches, drains, or other facilities _- .._ 1286 existing on July 12, 1994, effective date of this Critical Areas Ordinance, for land not within Deleted: , including a community dock, designed for pleasure craft only, 1287 Shoreline jurisdiction, which were created, developed, or utilized primarily as a part of an -�-_ Deleted: private noncommercial 1288 agricultural drainage and diking system; — 1289 10) Construction or modification, by or under the authority of the Coast Guard or a designated Deleted: the owners, lessee or contract purchaser of 1290 port management authority, of navigational aids such as channel markers and anchor buoys; Deleted: and 1291 11) Any project with,certification from the governor pursuant to RCW 80.50,(Energy facilities _= Deleted :. A dock is a landing and 1292 — site locations); moorage facility for watercraft an J, I 1293 12) (8) Watershed restoration projects pursuant to RCW 89.08.46(2; Deleted: The operation, maintenance or 1294 (9) Site exploration and investigation activities required for a development permit Deleted: that now exist or are 1295 pro lided that: hereinafter created or developed ' 1296 13) that are prerequisite to preparation of an application for development authorization under this Deleted: a 1297 chapter, if: Deleted: chapter 1298 a) The activity will have no significant adverse impact on the environment. Deleted: RCW 1 Deleted: that are authorized by the sponsor of a watershed restoration( ... 151 ) 2/1/2008 31 31 1 1 1 DOC. 1 INDEX # j, 1 City of Yakima 15.27 CAO 1 1299 a) including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and I 1300 aesthetic values; 1301 b) TheThe activity does not involve the installation of any structure, and upon 1302 completion of the activity does not involve the installation of any structure, and I 1303 b) Upon completion of the activity, the vegetation and land configuration of the site are 1304 restored to conditions as they existed prior tg r the activity; { Deleted: existing before 1305 14) (10) The process of removing or controlling aquatic noxious weeds, as defmed in RCW I 1306 17.26.020 (control of spartina and purple loosestrife), through the use of an herbicide or other 1307 treatment methods applicable to weed control that are recommended by a final environmental 1308 impact statement published by the Department of Agriculture or the Department of Ecology 1309 jointly with other state agencies under chapter 43.21C RCW (SEPA); 1310 15) ( 11) A public or private project, to improve fish or wildlife habitat or fish passage, if: Deleted: , the primary purpose of whi 1311 a) The project has been approved Jay the Department of Fish and Wildlife: as necessary for I is 1312 the improvement of the habitat or passage and appropriately designed and sited to Deleted: in writing 1313 accomplish the intended purpose; 1314 b) The project has received hydraulic project approval, by the Department, of Fisl,and { Deleted: when required. _ 1315 Wildlife pursuant to chapter 75.20 RCW (Hydraulics Code); I Deleted: department I 1316 a) The Administrative Official has determined that the project is consistent with this I Deleted: fish 1317 chapter. Deleted: wildlife 1318 c) title; 1319 d) Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 1320 (Fish Habitat Enhancement Projects) are deemed ,consistent with this chaptertitle. Deleted: to be _ 1321 16) (12) Hazardous substance remedial actions,pursuant to chapter 70.105D RCW (Model Toxics Deleted: , which a consent decree, 1322 Control Act).) or when the Department of Ecology conducts a remedial action under chapter order or agreed order has been issued 1323 70.105D RCW (Model Toxics Control Act). The Department of Ecology shall assure that I 1324 such projects comply with the substantive requirements of chapter 90.58 RCW (SMA), 1325 chapter 173 -26 WAC (SMA Guidelines) and the Shoreline Master Program (YCC Title 1326 16D), when applicable. 1327 17) (13) The removal of trees. which, are hazardous, posing a threat to public safety, or posq an I Deleted: that 1328 imminent risk of damage to private or public property, frompritical areas and buffers, ■ ( Deleted: posing 1329 provided that: {Deleted: critical 1330 a) A dead tree within a buffer may be shortened to the point that the tree will not strike a I 1331 structure or defmed vehicle parking area. The remainder shall be maintained to provide 1332 wildlife habitat, nesting locations and perch sites. A remainder less than ten (10) feet tall 1333 may be removed completely; 1334 b) A diseased or damaged tree may be removed as determined appropriate by the I 1335 Administrative Official; 1336 c) The removed portion of trees should be placed within the vegetative buffer area as 1337 wildlife habitat, unless it will interfere with a maintained vegetation area identified in I 1338 section 16C.03.05(a) (Minor Activities), or unless the Administrative Official determines 1339 otherwise. Portions of trees to be removed from the buffer area should be felled to the 1340 outer edge of a vegetative buffer and dragged out. Heavy equipment is not allowed 1341 within the buffer, except within areas and their buffers.identified in 16C.03.05(a) (Minor , 1342 Activities). Damaged riparian vegetation must be repaired; 1343 2/1/2008 - -- 32 1 32 1 I 1 1t P_ I I City of Yakima 15.27 CAO 1 1344 d) 15.27.306 Documented Each tree that is felled or topped shall be replaced in a manner 1345 acceptable to the Administrative Official. 1346 I 1347 16C.03.08 Exemptions for Geologically Hazardous Areas Development Authorizations 1348 The following development activities are exempt from standard development permits that are 1349 required for Geologically Hazardous Areas designated in chapter 16C.08: I 1350 a) Additions to or alteration of existing single-family residences ( Deleted:. I 1351 b) Uses and surface disturbances (clearing and grubbing) that do not include excavation, fill - - -- ----- - - - - -- 1352 or irrigation; 1353 (1) Structures Less than one hundred and twenty (1201, square feet. and ■ Deleted: 200 I 1354 c) that are not used as a place of employment or residence (fences, sheds, gazebos, etc.); 1355 d) Oil, gas, wind or other exploration that does not include explosions, road construction, 1 Deleted: roads 1 1356 excavation, or fill. 1357 I 1358 15.27.30716C.03.09 Exemptions for Upland Wildlife Habitat and Habitats of Local 1359 Importune 1360 The following development activities are exempt from standard development permits that are I 1361 required for Upland Wildlife Habitat and Habitats of Local Importance designated in section 1362 16C.06.04: 1363 a) Agricultural and other uses that maintain the existing natural vegetation (rangeland 1364 grazing, stock fences, outdoor recreation, etc.); I 1365 b) Any development and associated facilities with less than a acre of disturbance area on 1366 existing lots; 1367 c) New driveways or roads less than' / mile in length; I 1368 d) Additions to or alteration of existing single family residences and associated facilities. 1369 e) Subdivision consistent with zoning districts, with roads totaling less than a 1/4 mile in 1370 length or less. Clustering to reduce infrastructure is encouraged: 1371 f) Development for which a biological assessment or a biological opinion for federal review I 1372 is provided. 1373 1374 16C.03.10 Mitigation requirements 1375 (1) All mitigation shall be sufficient to maintain the functions and \ alues of the critical area. I 1376 (2) All development, shall demonstrate that,reasonable efforts have been examined to avoid and Deleted: developments 1377 minimize impacts to critical areas:_an l Deleted: all 1378 1) , When an alteration to a critical area is proposed, 8, shall be avoided, minimized, or Deleted: with the intent II 1379 i iti iate(tfor in the following order of preference: Deleted: 1380 a) Avoiding the impact,; Deleted: such alteration 1381 b) Minimizing impacts by limiting the degree or magnitude of the action, by using 1382 appropriate technolo 1. project redesign, relocation, or timing, to avoid or reduce Deleted: compensated technology t . P J g g, _.. .. 1383 impacts); Deleted: altogether by not taking a 1384 c) Rectifying the impact by repairing, rehabilitating or restoring the affected environment a certain action or parts of an action Deleted: and its implementation 1385 appropriate; Deleted: , or by taking affirmative I 1386 (a) Reducing or eliminating the impact by preservation and maintenance operations; steps, such as 1387 d) during the life of the action; Deleted: , 1388 e) Compensating for the impact by replacing or providing substitute resources or Deleted: over time 1389 environments; , I — Deleted: , enhancing, 2/1 /2008 33 - - - _ - -- 33 1 1 1 DOC, INDEX 1 # J - - i i 1 Cite of Yakima 15.27 CAO 1390 0 Monitoring the impact and taking appropriate corrective measures. 1 1391 (3) If an alteration to a critical area is unavoidable, all adverse impacts to that critical area 1392 and its buffers shall be mitigated for in accordance with an approved Mitigation Plan and 1393 mitigation for wetland impacts shall be mitigated in accordance with the Washington 1 1394 State Department of Ecology Wetland Mitigation in Washington State. Parts 1 and 2 1395 (March 2006 or as updated). 1396 (4) Mitigation shall be in -kind and on -site. whenever possible. and may be out -of -kind and/or 1 1397 off-site when deemed appropriate by the Administrative Official or designee. 1398 2) Mitigation for individual actions may include a combination of the above measures. 1399 3) Unless otherwise provided in this title, if alteration to the critical area is unavoidable, all 1400 adverse impacts to or from critical areas and buffers resulting from a development proposal 1 1401 or alteration shall be mitigated in accordance with an approved Mitigation Plan. Mitigation 1402 shall not be implemented until after approval of the Mitigation Plan. 1403 4) Mitigation shall be in -kind and on -site, when possible, and sufficient to maintain the 1404 functions and values of the critical area, and to prevent risk from a hazard posed by a critical 1 1405 area. When necessary, mitigation may be provided that is out -of -kind and/or off -site. 1406 Deleted: Application 1407 Review Process _ Deleted: a 1 1408 1 5.27.308 Deleted: tine 1409 16C.03.11 Application Submittal --- 1410 1) (a) Application.,for,development authorizations under this chaptershall be made on forms Deleted: The application submittal shall 1411 provided by the Department. Application submittals shall ,include a site plan drawn to an Deleted: 1412 engineering scale of 1:20 showing; Deleted: the actual shape 1413 i) Dimensions of all sides of the parcel. Deleted: dimensions 1414 a) ii) Size, and location of the property site to be used; - -- 1415 b) existing and proposed structures, _ f Deleted: , 1416 c) iii) Excavation fill, drainage facilities, impenious surfaces. topography, slope ;and, Deleted: excavation 1417 d) i\) Othei;infonmation as,needed to determine the nature and scope of the proposed Deleted: . 1418 development and, Deleted:. 1419 \ ) Location of The site plan should also show the location of all critical areas,such as Deleted: such other 1420 those identified in § 15.27.314 for sections 16C.03.02 (Critical AreaAreas Identification Deleted: is I 1421 Form and Critical Areas Reports) and 16C.03.17 (Critical Areas Report Requirements. Deleted: , including the maximum 1422 2) (b) The submittal shall also,include all required critical areas reports prepared in extent of the project site withrespectto' 1423 conformance with §§ 15.27.314 & 315. 16C.03.17, and include the permit information I construction, excavation, equipment 1424 required either in YCC Title 16B (Proiect Permit Administration) or in chapter 16C.05.44 I Deleted: material storage, and other project related work. 1425 (Flood Hazard Protection Administration), as appropriate. - . 1426 3) To be ,complete, lete a critical area development authorization application must include all maps, Deleted: , �_ P PP -- 1427 drawings and other information or data specified by this chapter; or requested on the basis of Deleted: ), 1428 the pre - application conference (§ 1527.30216C.03.03), or technical assistance conference t Deleted: (c) 1429 (16C.03.04). Deleted: accepted as _ 1430 Deleted: title 2 _ _ 1431 15.27.309 Deleted: is 1432 16C.03.12 Determination of Review Process Deleted: title. The Administrative 1433 1) The Administrative Official or designee shall determine from the application submittal, and Official shall make such determination a early in the application process as is 1434 other available information what type of permit and or review " i 11 be required under this possible and shall inform the project 1435 chapter., applicant m writing of any application needs. Available information used in thi determination may include: 2nrz008 — — _ 34 34 1 1 1 DOC. INDEX I J_, I 1 City of Yakima 15.27 CAO 1436 a) critical areas identification form; 1437 b) pre- application conference information; 1438 c) technical assistance conference information. I 1439 2) Specific information of pennit, type. review and process can be,,found in subsequent Deleted: omwhenapermit or review is 1440 sections of Part Three of this chapter, However, a¢lescription of each type of permit required, its review process 1441 or review is provided in Table 3 -1 below. , More than one (1) permit or review may I Deleted: and review criteria are 1442 be needed for a project dependant upon project complexity,, Deleted: the section for each permit or I 1443 review 1444 Table 3 -1 1 Deleted: brief General Permits or Reviews Deleted: Some permits or reviews are general and all projects will have a I Standard Development. Standard development projects include any development not subject to general review. Some permits are more RCW Ch 90.58 the Shoreline Management Act specialized and apply only in specific cases or situations. Documented Exemptions. Documented Exemptions are described as,minor activities that do not Deleted: . I need to go through apermit process. Exemptions from this chapter may be found in the following §: 15.27.305 - 306 and 15.27.403. Deleted: apter Specific Permits Deleted: Adjustment. An Administrative Adjustment is,used outside Shoreline jurisdiction when a project Deleted generau - ' require, a reduction,or adjustment to development standard. Deleted: the Non - conforming Use or Facility Alteration. A Non - conforming Use or Facility Alteration is, Deleted: Adjustments are necessary when an existingpse that currently does not conform to this chapter; is to be altered. Deleted: needs to reduce Minor revisions to an Existing Permit. A Minor Revisioltto an Existing Permit allows a Deleted: adjust I simplified review of certain changes to a project that has previously received a permit, Deleted: Alterations are — Reasonable Use Exception. A,Reasonable Use Exception provides,an alternative to landowners Deleted: legal when all reasonable use of a property has been prohibited, Deleted: title — — ' I Flood Hazard Permit. A Flood Hazard Permit is required for activities within floodplains. It Deleted: Res is;,, play include many of the specific permit types noted above which are described in Part Four ∎ { Deleted: 15.27.400 - 436.chapters 16C.05.20 through 16C.05.72. It is focused mainly on construction methods, but may include site design to minimize impacts to adjacent properties or resources, or Deleted: I to locate the proposed development in areas where depth and velocity of floodwaters during the Deleted: exceptions pro base flood do not exceed the current standards for construction of human occupied structures or Deleted: I safe access., Deleted: is different in that it has ' 1445 special administrative IN ovisions, and 1446 Deleted: within it 1447 15.27.31016C.03.13 Development Authorization - Review Procedure Deleted: _ 1 1448 Upon submittal and acceptance of a completed development authorization application, the I 1449 Administrative Official or designee shall process and review the application as follows. Except: 1450 Pennitb,or reviews,under Part Four shall followchapter 16C.05 (Flood Hazard) shall be Deleted: , except that pennits 1451 processed using the,development reculations, and procedures of ; ■; 1527.400 - 436.other Deleted: required for critical areas 1452 provisions established in chapter 16C.05. I 1453 Deleted: permit Deleted: standards, approval criteria 1454 1) Development authorizations shall be processed in accordanc;with Ch. 15.29 Notice I Deleted: consistent 1455 Proceduresreview procedures provided in YCC Title 16B (Project Permit Administration), _ I 1456 and withspecific,requirements provided in §_ 15.27.316 - 32016C.03.20 through 16C.0326 ( Deleted _ any 1457 (specific permit descriptions), including but not limited to: ( Deleted: processes 1458 a) submittals; I 1459 b) completeness review; 2/1/2008 —. - - - 35 35 1 1 DO 1NDE> I -1 ------ I City of Yakima 15.27 CAO I 1460 c) notices; I 1461 d) hearings; 1462 e) decisions; and, 1463 f) appeals, Deleted: 1464 1465 2) Development authorizations shall be reviewed ilionformance with the applicable I Deleted: for 1466 development standards of ti 15provided in 16C.03.27.32 ', and with Part s Five - E ig ht.in Deleted: (General Critical Areas 1467 chapters 16C.06 through 16C.09, except that: Protection Measures), 1468 a) For rangeland livestock grazing operations, the Administrative Official may waive 1469 compliance with development standards in Chapter 16C.06 (Fish and Wildlife Habitat 1470 and the Stream Corridor), 16C.07 (wetlands), 160.08 (Geologically Hazardous Areas), I 1471 and 16C.09 (CARA), except for those uses and activities listed in section 16C.06.10 1472 (Prohibited Uses). To qualify for this provision, a Resource Management Plan must be 1473 provided that has been prepared using all applicable US Department of Agriculture - I 1474 National Resource Conservation Service best management practices designed to protect 1475 streams, wetlands, vegetative buffers, erosion hazards, and floodplains from grazing 1476 operations. An acceptable Resource Management Plan is deemed to consist of acceptable 1477 critical areas protection measures capable of dealing with impacts of grazing activities I 1478 dispersed across large areas. This provision is not intended to apply to pasture grazing, 1479 hobby farms, or confinement feeding operations. 1480 3) Decisions on a development authorization shall be consistent with * 15.27.311 section _ 1481 16C.03.14 (Authorization Decision- Basis for Action. 15?7.312 ), 16C.03.15 (Conditional I Deleted: Decisions I 1482 Approval of Development Authorizations, and with any specific decision criteria provided { Deleted: ) 1483 under the section ,for each relevant permit type, as provided in * * 15 27.316 - 321 (Permit I Deleted: sections 1484 Re% iew Criterial6C.03.20 through 16C.03.26 (specific permit descriptions). 1485 1486 15.27.311 1487 16C.03.14 Authorization Decisions - Basis for Action 1488 The action on any development authorization under this chapter; shall be based upon the Deleted: title I 1489 following criteria: 1490 1) (1) Impact of the project to critical area features on and abutting the property; , I Deleted: or on abutting or adjacent 1491 2) (2) Danger to life or roperty that would likely occur as a result of the project; properties; 1492 3) (3) Compatibility of the project with the critical area features; Deleted: and 1493 4) (4) Conformance with Applicable development standards :, Deleted: on, adjacent to, or near the 1494 5) (5) Compliance, with flood hazard mitigation requirements of ** 15.27.400 - 436Chapters p`ope`r -- 1495 16C.05.20 through 16C.05.72; Deleted: the —_- 1496 6) (6) Adequacy of the information provided by the applicant or available to the Department; Deleted: in thistitle; 1497 7) (7) Ability of the project to satisfy the purpose and intent of this title: Deleted: Requirements of other Based upon the project evaluation, the Administrative Official hall take one (1) of the applicable authorizations, ,includngcralpennc 1498 8) ) B t p P .) � tti i .S or authorizations, including compliance 1499 following actions: Deleted: department 1500 a) glGrant the development authorization: or Deleted: decision maker 1501 b) b) Grant the development authorization with conditions, as provided in Deleted: ; 1502 15.27.312160.03.15 (Conditional Approval), to mitigate impacts to the critical area — — I 1503 feature(s); or, Deleted: ) present on 1504 c) jDeny the development authorization. Deleted: adjacent to the project site; 2/1/2008 36 I 36 1 1 r�r 1 L)OC. INDEX I # J 1 Cih• of Yakima 15.27 CAO II 1505 9) (8) The decision by the Administrative Official or designee shall include written findings and Deleted: on the development 1506 conclusions, , authorization 1507 Deleted: stating the reasons upon which the decision is based. il 1508 15.27.31216C.03.15 Conditional Approval of Development Authorization 1509 In granting any development authorization, the Administrative Official or designe;,may impose I Deleted: decision maker 1510 conditions to: I 1511 1) (1) Accomplish the purpose and intent of this chapter; I Deleted: title — 1512 2) (2)Eliminate or mitigate any identifiedpegative impacts of the projects I Deleted: specific or general 1513 3) (3) Restore important resource features that have been degraded or lost because of past or I Deleted: on the critical area 1514 present activities on the project site; I 1515 4) Protectpritical areas from damaging and incompatible development 1516 { Deleted: designated I Deleted: ; 1517 5) 15?7.313Ensure compliance with specific development standards in this title. -- 1518 P 1519 16C.03.16 Fees and Charges 1520 The Yakima City Council shall establish the schedule of fees and charges listed in Yakima Deleted: board of county I 1521 Municipal Code, Title 15 (City of Yakima,Fee Schedule), for development authorizations, commissioners establishe P 1522 variances, appeals and other matters pertaining to this chapter 1523 Deleted: County Deleted: 20 (Yakima County 1524 Critical Areas Reports 1 Deleted: title 1525 15.27.314 P 1526 16C.03.17 Critical Areas Report Requirements Deleted: through the critical area 1527 1) The Administrative Official or designee may require a critical areas report, paid for by the identification fonn, technical assistance 1528 applicant. when it is in accordance with YCC Title 16B.04, where determined necessary, 1 conference, site investigation, or other P 1529 (1) A qualified professional shall prepare the report consistent with Best Available Science. portion of the project review 1530 2) utilizing best available science. The intent of these provisions is to require a reasonable level Deleted: , as defmed by this title, 1531 of technical study and analysis sufficient to protect critical areas. The analysis shall be Deleted: commensurate With _ 1532 appropriate tg, the value or sensitivity of a particular critical area and relative to the scale and Deleted: that I 1533 potential impacts of the proposed activity. Deleted: submitted 1534 3) The critical area report shall: Deleted: specific 1535 a) Demonstrate,the ,proposal is consistent with the purposes and,standards of this chapter,; - Deleted: title 1536 b) Describe all potential ,risks to critical areas,,and assess impacts on the critical area from _ Deleted: relevant aspects of the y � P 1537 the activities and uses proposed; and, 1 development proposal; all critical areas 1538 c) Identify mitigation and protective measures,. adversely affected by the proposal including any geologic or flood hazards; 1539 4) The critical areas report shall include information addressing the supplemental report all I 1540 requirements (See 15.27.315to address the Supplemental Report Requirements for Specific Deleted: the sitc, and other public and 1541 Critical Areas (16C.03.18). private properties and facilities resulting from the proposal; 1542 5) The Administrative Official or designee shall review the critical areas report for Deleted: proposed s — l 1543 completeness and accuracy, and shall consider the recommendations and conclusions ,to assist -- - = -- _ 1 1544 in making decisions on development authorizations, appropriate mitigation, and protective Deleted as required by this title 1545 measures. Deleted: , _ 1546 (2) Critical areas reports shall,be valid for a period of five (5) years, unless it can be Deleted: of the critical areas report I 1547 demonstrated that a previous ,report is adequate for current analysis. Reports prepare d for Deleted: and to resolve issues 1548 adjacent properties may be utilized for current analysis only when it can be shown concerning critical areas jurisdiction 1549 through a supplemental report or site investigation that conditions on site are unchanged. i Deleted` generally Deleted: to the satisfaction of the I I Administrative Official that the previously prepared 2/1/2008 37 — -- -- - - -- - -- - -- - - - - -- 1 1 1 i_)V0, iNDEX City of Yakima 15.27 CAO 1 1550 6) The Administrative Official or designee,,may require ,preparation of,tlew,critical area I Deleted: Future land use applications 1551 assessment pr a supplemental report j the initial assessment is in error., -- Deleted: the 1552 7) The Administrative Official or designee may reject or request revision of the critical areas Deleted: a 1553 report when it, can be demonstrated,that the assessment is, incomplete or does not fully ( Deleted: , amended, or supplemental 1554 address the critical areas impacts involved. r, Deleted: reports. Reports prepared for 1555 8) (9) To avoid duplication, the reporting requirements of this chapter shall be coordinated if \ nearby lands may be deemed acceptable 1556 more than one critical area report is required for a site or development proposal. ,, by the Administrative Official, in whole or in part, if relevant to the current 1557 9) Applicants shallprovide reports and maps to the City; in both, electronic and paper formats. In analysis and meeting the above standar. 1558 addition. all critical area delineations / maps shall beprovided to the City by means of a GPS ', % The AdministrativeOfficial may also require the preparation of a new critical 1559 projected coordinate system data set. NAD 27 or NAD 83. The C'itymay waive this area assessment report 1560 requirement for single - family developments. Applicants are encouraged to coordinate with Deleted: when new information is 1561 the Administrative Official or designee regarding electronic submittal guidelines. , found demonstrating that 1562 10) (10) At a minimum, a critical areas report shall include the following information: Deleted: If the Administrative Official 1563 a) A site plan showing the proposed development footprint and clearing limits, and all requires more information in the report, he/she shall make the request in writing 1564 relevant critical areas and buffers within and abutting the site, including but not limited to to the applicant stating what additional 1565 effects related to clearing, grading, noise, light/glare, modification of surface or information is needed and why. 1566 subsurface flow, drilling, damming, draining, creating impervious surface, managing I • Deleted: the Administrative Official I 1567 stormwater, releasing hazardous materials, and other alterations. Projects in frequently Deleted: demonstrate 1568 flooded areas must comply with the requirements of section 16C.05.20 through r Deleted: inaccurate, 1 1569 16C.05.72. For projects on or adjacent to geologically hazardous areas or areas subject to Deleted: , I 1570 high floodwater depth or velocity the report shall identify the type of hazard and assess Deleted: should 1571 the associated risks posed by the development to critical areas, the site, and other public Deleted: County 1572 and private properties and facilities that are the result from the proposal, and assess Deleted: an 1573 impacts on the critical area from activities and uses proposed; __ Deleted: format that allows site data to 1574 b) A written summar ,of the critical areas including their size, type, classification or rating, be incorporated into the County critical 1575 condition, disturbance history, and functions and values. For projects on or adjacent to areas database, 1576 geologically hazardous areas or areas subject to high floodwater depth or velocity the I Deleted: that the County 1577 description shall identity the type and characteristics of the hazard; Deleted: This requirement shall not be I 1578 c) An analysis of potential adverse ,impacts and how they will be mitigated or avoided. cons trtedasa requirement to use speeifi computer software. 1579 Geological hazardous areas are additionally required to, assess the risks posed by the Deleted: description 1580 development to critical areas,public and private properties, and both associated and — Deleted: and buffers on or abutting the 1581 unassociated near by facilities,and uses proposed; site 1582 d) An explanation of how critical area impacts or risks will be avoided and /or minimized, Deleted: identify 1583 how proposed mitigation measures will prevent or minimize hazards, why the proposed Deleted: critical area 1584 activity requires a location on or access across a critical area, the on -site design = --- Deleted: associated with the proposed 1585 alternatives, and why alternatives are not feasible; activity. For gcologically hazard areas, 1586 e) When impacts cannot be avoided, the report shall include a plan describing mitigation to also 1587 replace critical area functions and values, For projects on or adjacent to geologically Deleted: the site, and other J 1588 hazardous areas or areas subject to high floodwater depth or velocity the mitigation,,shall Deleted: that are the result from 1589 add it Iona I, address she site, and other public and private properties, and both associated Deleted: altered as a result of '®m 1590 l '-, ' - _ ,i near by facilities and uses potentially affected Deleted: plan 1591 f) The dates, names, and qualifications of the persons preparing the report and _ . Deleted: mitigation for impacts (,., f 8 1592 documentation of analysis methods including any fieldwork performed on the site; and Deleted: that are the result from 1593 g) Additional reasonable information requested by the Administrative Official pr designee f9 1 Deleted: proposed I Deleted_ for the assessment of(,,, poi ) Deleted: otherwise required b En 2/1/2008 - -- — 38 38 1 1 1 DOC. INDEX I I I city of Yakima 15.27 CAO 1594 I 11) (11) A critical area report may be supplemented by or composed, in whole or in part, 1595 of any reports or studies required by other laws and regulations or previously prepared for 1596 and applicable to the development proposal site Deleted: , as approved by the 1 1597 12) (12) The Administrative Official or designee may limit the ,geographic area of the Administrative Official _ 1598 critical area report as appropriate, 1 Deleted: required — 1599 13) (13) Compensatory Mitigation Plans - When compensatory mitigation, as described in Deleted: I 1600 15.27.307 section 16C.03.10 (Mitigation Requirements. areproposed for wetland areas or i Deleted:) is required or 1601 stream channels, the applicant shall submit,a mitigation plan as part of the critical area report, Deleted: for approval by Yakima 1602 which includes: County 1603 a) a) A ,written report identifying environmental goals and objectives of the proposed Deleted: Environmental Goals and I 1604 compensation including a : Objectives. The mitigation plan shall include a 1605 A description of 1606 i. The ,anticipated impacts to the critical areas: Deleted: the _ I 1607 ii. Thexiiitigating actions proposed: I Deleted: , 1608 iii. The pulpusq of the compensation measures, including site selection ; Deleted: , and the purposes 1609 criteria: 1 Deleted: the 1610 iv. The, compensation goals and objectives: Deletes: , identification of I 1611 v. The, desired resource functions: Deleted: , identification of 1612 vi. Construction activities starcand completion dates: and 1613 i) Analysis of anticipatect success of the compensation project. The goals and objectives Deleted:. dates for beginning I 1614 shall be related to the functions and values of the impacted critical area. Deleted: of site compensation I construction activities, and an analysis of 1615 b) A review of the best available science supporting the proposed mitigation; the likeltltood of 1616 c) A description of the report and the author's experience to date in restoring or creating the 1617 type of critical area report proposed; and. I 1618 d) Performance Standards - The mitigation plan shall include measurable specific criteria Deleted : _ 1619 for evaluating ,the goals and objectives to ensure the mitigation project hashave been Deleted: whether or not 1620 successfully attained; Deleted: of 1621 e) Detailed Construction Documents The mitigation documents shall include written Deleted:.¶ I ' I 1622 specifications and plans describing the mitigation proposed, such as; Deleted: . 1623 i) The proposed construction sequence, timing; and duration; 1624 ii) Grading and excavation details; Deletes: 1625 iii) Erosion and sediment control features; Deleted: 1 I 1626 iv) A planting plan specifying plant species, quantities, locations, size, spacing, and Deleted: 1627 density; Deleted: 1628 1 v) Measures to protect and maintain plants until established and; I 1629 vi) Documents should include scale drawings showing necessary information to convey 1630 both existing and proposed topographic data, slope, elevations, plants and project 1631 limits. Deleted: I 1632 b) Monitoring Program The mitigation plan shall include: Deleted: a 1633 i. Aprogram for monitoring j construction of the compensatory,project and its I Deleted: compensation 1634 completion,and - - - - 1635 ii.A plan which d• _ flow the monitoring data will be evaluated to determine if the Deleted: orcmg a d projectt. . A: A protoocool l shall be included I 1636 performance standards are being met outlining the schedule for site monitoring 1637 iii.Reports,as needed to document milestones, successes, problems, and contingency years s 1 1, r e, monitoring shall occur in ye, 3 3, , 5, 1638 actions of the compensation project: and Deleted: 7 after site construction), and I - Deleted:. A monitoring report shall be submitted 2/1/2008 - -._ -- 39 39 - -- - 1 INDEX J - 1 .. City of Yakima 15.27 CAO 1 1639 fl Monitorin ;for a period necessary to establish that performance standards have been met, Deleted:. The compensation project 1640 but not for a period less than five (5) years; shall be monitored 1641 g) Contingency Plan - identification, the potential courses of action, and any corrective I Deleted:. ) 1642 measures to be taken if monitoring or evaluation indicates project performance standards ( Deleted:. The mitigation plan shall include identification 1643 are not being met. 1644 h) Financial Guarantees - A, financial guarantee,ensuring fulfillment of the compensation Deleted:. The mitigation plan shall 1645 project, monitoring program, and any contingency measures shall be posted in include 1646 accordance with § l 5section 16C.03.27.321(1)Financial Guarantees. Deleted: guarantees, if necessary, to ensure that the mitigation plan is fully 1647 14) (14) Innovative Mitigation,, implemented. Financial guarantees 1648 a) Advanced, mitigation or mitigation banking are examples of alternative mitigation Deleted: ( 1649 projects allowed under the provisions of this section. One (1 ),or more applicants or an Deleted: ) 1650 organization with demonstrated capability, may undertake a mitigation project together if' Deleted: 1651 I it is demonstrated that all of the following circumstances exist; Deleted: Yakima County encourages 1652 i) Creation or enhancement of a larger system of critical areas and open space is innovative mitigation projects that are 1653 preferable to the preservation of many individual habitat areas; based on the best available science. The mitigation plan shall be used to satisfy th 1654 I ii) The applicant, demonstrates the organizational and fiscal capability to act requirements of this chapter and provide 1655 cooperatively; relief and/or deviation as appropriate from the specific standards and 1656 iii) The applicant demonstrates that long -term management of the habitat area will be requirements thereof. Advance 1657 provided;, Deleted: Section n wherein one 1658 iv) There is a clear potential for success of theproposed mitigation at the identified Deleted: 1659 mitigation situ _ 1660 v) There is a clear likelihood for success of the proposed plan based on supporting Deleted: _ __ - 1661 scientific information and demonstrated experience in implementing similar plans; Deleted group — 1662 vi) The proposed project results in equal or greater protection and conservation of critical De leted : g rou p I 1663 I areas than would be achieved using parcel- by regulations and/or traditional `, l Deleted: and 1664 mitigation approaches; `,, { Deleted: 0 1665 vii)The plan is consistent with the general purpose and intent of this section; •1 Deleted: . 1666 viii) The plan shall contain relevant management strategies which are ,within the scope Deleted: __ Ill 1667 of this section and Deleted: chapter 1668 ix) The plan shall contain clear and measurable standards for achieving compliance with Deleted: considered effective and 1669 the purposes of this section, a description of how such standards will be monitored Deleted: chapter and shall document 1670 and measured over the life of the plan, and a fully funded contingency plan if any when, where, and how such strategies 1671 element of the plan does not meet standards for compliance. substitute for compliance with the specific standards herein 1672 b) Conducting mitigation as part of a cooperative process does not reduce or eliminate the 1673 required wetland replacement ratios. Deleted: chapter 1674 c) Projects that propose compensatory wetland mitigation shall also use the standards in 1 1675 15.27.604 sections 16C.07.05 (Compensatory Mitigation Requirements, For those Deleted: ) 1676 situations where a mitigation bank may provide an opportunity for mitigation, then the 1677 I requirements in 15.27.605 section 16C.07.06 (Wetland Mitigation Banks shall apply. Deleted: ) 1678 1679 15.27.31516C.03.18 Supplemental Report Requirements for Specific Critical Areas 1680 1) Stream Corridors When a critical areas report is required for a stream corridor or Deleted: . 1681 hydrologically related critical area, it shall include the following: , 1682 a) A habitat and native vegetation conservation strategy that addresses methods to protect 1683 I ,the functional properties listed in * 15 27.504 section 16C.06.05 (Functional Properties,h I Deleted: and enhance l Deleted: .1 2/1/2008 40 40 1 1 DOC. 1 INDEX ,o - 1 1 City of Yakima 15.27 CAO 1 1684 b) Whereproposed construction lies within an immediate zone of potential channel i Deleted: the is evidence that 1 1685 migration, ,a hydrologic analysis report may be required. The report shall assume the 1 Deleted: representing a future hazard to I g g 1686 conditions of the one - hundred -year flood, include on -site investigative findings, and the construction, I 1687 consider historical meander characteristics in addition to other pertinent facts and data I Deleted: j 1688 2) Upland Wildlife When a critical areas report is required for Upland Wildlife Habitat and 1689 Habitats of Local Importance, it shall include the following: 1 1690 a) Habitat Assessment: A habitat assessment is an investigation of the project area to 1691 evaluate the presence or absence of such species, and areas with which such species have 1692 a primary association. The presence or absence assessment shall incorporate the time I Deleted: shall be 1693 sensitive nature of species use. The landowner may submit an assessment prepared by the I Deleted: Wetlands _ — 1694 state or federal agency with jurisdiction over the species. This assessment is time sensitive ' Deleted: - 1695 and the assessment must be completed no more than 36 months prior to the date the critical !"` p' /www.ecy.wa.gov /pubs/969a.pdf — 1696 areas application is deemed complete. I Deleted: (Wetlands to be delineated m accordance with manual), I 1697 b) If the habitat assessment determines that such habitat area is present on site, a { Deleted: .¶ - - - 1698 management plan is required that follows published federal, or state, management Deleted: depicted 1699 recommendations. The Administrative Official shall confer with the appropriate agency Deleted: For areas off -site of the 1700 and consider their comments through the review process. project site, wetland conditions within I 1701 3) Wetlands When a critical areas report is required for Wetlands, it shall include the 1702 following: 200 feet of the project boundaries may be estimated using the best available information. Best available 1703 a) The exact location of a wetland's boundary and wetland rating as,determined through the Deleted: A critical area report for 1704 performance of a field investigation by a qualified wetland professional applying the wetlands shall contain an I 1705 Washington State If'edlunr,Identification and Delineation Manual (Ecology Publication Deleted: - and proposal - 1706 #96 -94,) as required by RCW 36.70A.175 And the Washington State Wetland Rating ,{ Deleted: the accuracy of the report and J 1707 System for Eastern Washington, (Ecology Publication # 04- 06 -15), as amended; Deleted: any 1 1708 b) All delineated wetlands and required buffers within two hundred (200) feet of the project ' Deleted: the 1709 area shall be shown, on the site plan. Available, information should include, but not be 1710 limited to aerial photos, land based photos, soils maps, or topographic ma ' Deleted: # >;� p r p s P, maps; 1711 c) A11, analysis of the wetlands including the following site ;elated information: Deleted: its I 1712 i) A statement specifyingpll assumptions made and relied upon; Deleted: and 1713 ii) Documentation of,fieldwork performed on the site, including field data sheets for Deleted: ( _� 1714 delineations,,wetland rating forms, baseline hydrologic data, etc.; Deleted:) 1 1715 iii) A description of the methodologies used to conduct the wetland delineations, or Deleted:) 1 1716 impact analyses including references; Deleted: . Mitigation 1717 i. Wetland category, including vegetative, faunal, and hydrologic characteristics_ Deleted: no 1718 d) For projects that will affect the wetland or,buffer, provide the following: Deleted: wetland functions and 1719 i) A habitat and native vegetation conservation strategy that addresses methods to _ Deleted:. Mitigation ratios may be 1720 protect (2_„er nhance on -site habitat and wetland functions and values listed ins 1 necessary and should 1721 15?7.603section 16C.07.04(1),Wetland Functions and Rating. and * 15.27.504 ), and I Deleted: ) ofthewetlandchapter I 1722 section 16C.06.05 (Functional Propertied; Deleted: , provided that the 1723 ii) Mitigation sequencing, pursuant to * 1.5.27.307 section 16C.03.10 (Mitigation Administrative Official may determine 1724 Requirement, to avoid, minimize, and mitigate impact; shall result in "nor, net Ioss" that any portion of these requirements is unnecessary given the scope and/or scale 1725 of acreage or functional,values of wetlands and shall, follow the guidance provided in of the proposed development: __ 1 1726 * 15.27.604 section 16C.07.05 (Compensatory Mitigation, Deleted: This may include surface 1727 4) Geologically Hazardous Areas When a critical areas report is required for a Geologically exploration data such as borings, drill holes, test pits, wells, geologic reports, 1728 Hazardous Area, it shall include the following_, and other relevant reports or site 1729 a) _A description of the site features, including surface and subsurface geology investigations that may be useful in 1 ' making conclusions or recommendations about the site under investigation; 2nr20O8 41 41 - - -- 1 1 1 COC. INDEX 1 1 # ,J y- I 1 City of Yakima 15.27 CAO 1730 b) - A description of the geologic processes and hazards affecting the property, including a 1731 determination of the actual hazard types for any Suspected and Risk Unknown hazards 1732 identified in the affirmative determination of hazard (16C.08.04); 1733 c) A description of the vulnerability of the site to seismic and other geologic processes and III 1734 hazards; 1735 I d) ,A description of any potential hazards that could be created or exacerbated as a result of Deleted: 1736 site development; I 1737 e) For developments in or affecting landslide hazard areas the report shall also include: 1738 i) Assessments and conclusions regarding slope stability including the potential types of 1739 landslide failure mechanisms (e.g., debris flow, rotational slump, translational slip, 1740 etc.) that may affect the site. The stability evaluation shall also consider dynamic I 1741 earthquake loading and shall use a minimum horizontal acceleration as established by Deleted: , 1742 the current version of the 1" \i t., Title I 1 (Building Code); Deleted: YCC 1743 ii) An analysis of slope recession rate shall be presented in those cases where stability is Deleted: 13 1744 I impacted by stream meandering or other forces acting on the toe of the slope; Deleted: or influenced I 1745 iii) Description of the run -out hazard of landslide debris to the proposed development Deleted: , 1746 that starts up- slope,and /or the impacts of landslide run -out on down -slope properties Deleted: (whether part of the subject 1747 and critical areas. properly or on a neighboring property) 1748 5) Flood Hazards, Deleted: 1749 a) Prior to authorization of any construction within a floodplain. which can be anticipated to Deleted: major 1750 displace floodwaters or alter the depth or velocity of floodwaters during the base flood, _ 1751 I an engineering report shall be prepared by a licensed engineer in the State of Washington Deleted: project 1752 that establishes any new flood elevations that would result for the one - hundred -year flood 1753 frequency if the project were implemented. 1754 . - i Deleted:1 1755 Permit Review Criteria 1756 1 _-._ <ii 1757 16C.03.20 Standard Development Permit 1758 1) Classification Criteria — Standard Development permits include any development not 1759 subject to RCW Ch, 90.58 (Shoreline Management Act). Deleted: apter 1760 2) Process = Standard Development permits shall be processed as either a 1 ∎ el (i or Level (2) Deleted: Type I 1761 Review; and applications that are of a significant sire or> - pc mav be processed as a Level 1762 (2) or (3) Revie‘■ r at the judgment of the Administrative Official, in accordance with YCC Deleted: 11 pennit 1763 Title 16B (Project Permit Administration). Applications that are of a significant size or 1764 designee., Examples of such projects include those that typically require environmental Deleted: scope shall be processed as a 1765 review (SEPA), filling or excavating a stream channel or wetlands, involve large amounts of Type II review with public notice 1766 fill, require large amounts of parking, etc. 1767 3) Decision Criteria — Decisions on Standard Development permits shall be based on the 1768 general decision criteria found in ; 15.27.311 section 16C.03.14 (Authorization Decisions — 1769 Basis for Action. Deleted: ) 1770 1771 15.27.3! 7 1772 16C.03.23 Adjustment 1773 1) Classification Criteria — For projects not required to be processed under RCW Ch, 90.58 Deleted: apter 1774 (Shoreline Management Act), the Administrative Official or designee is authorized to 1775 administratively adjust the development standards, Existing structures, parcel size, property Deleted: specified herein. 1 2/1/2008 42 42 1 1 DOC. 1 INDEX 1_J -i �1 I I City of Yakima 15.27 CAO I 1776 boundaries, and other constraints may preclude conformance with building setbacks and, Deleted 1777 vegetative buffers, Given such constraints, administrative adjustments may be authorized Deleted:, and other provisions of this 1778 where the site plan and project design include measures m ensure the protection and chapter 1 1779 performance of the functional properties identified in §,15.27.504 16C.06.05 (Functional Deleted: which 1780 Properties, Adjustments of vegetative buffer standards listed in Tabletable 6 -1 and 6 -2 may Deleted: Section _ _ _ I 1781 be reduced,to the minimum buffer width listed. Reductions below the minimum may be Deleted: ) . 1 1782 considered but require criteria be met in subsection 3(d) below. Adjustments i Deleted: allowed down 1783 prohibited use limits are not allowed. ( Deleted: that 1784 2) Process — Requests for an Adjustment permit shall be processed as a Level ( 2) I D eleted: - 1785 ReviewT pe I1 permit, in accordance with YCC Title 16B (Project Permit Administration). - -- — — I 1786 Requests for adjustments of development standards shall be made in writing and shall specify ( Deleted: from 1787 the standard(s) that An adjustment is sought f or, along wi /he reasons why the Deleted: for winch 1788 adjustment is sought. I Deleted: and 1789 3) Decision Criteria - Decisions on Adjustment permits shall be based on the general decision I 1790 criteria found in § 15 _ . 311 section 16C.03.14 (Authorization Decisions — Basis for 1791 Action together with the criteria below. Deleted:) 1792 a) A particular standard may be reduced or modified as long as the Administrative Official Deleted: is 1 1793 determines that the adjustment and/or reduction: Deleted: is 1794 i) 1 ;consistent with the purpose of this !, aat , title; I Deleted: will 1795 ii) consistent with the intent of the standard; and, I Deleted: 1796 iii) wi 1 a,, not result in degradation of the critical area. Deleted: impact act on th critical area 1 1797 b) The Administrative Official or designee shall consider the following: Deleted: a 1798 i) • Theproximity and relationship of the project to any critical area and its potent i ai - -- - Deleted: which uses 1799 impacts Deleted: which will I 1800 ii) The functions and values that the critical area performs; Deleted: T = 1801 iii) The overall intensity of the proposed use; 1802 iv) The presence of threatened, endangered, or sensitive species; , Deleted: c) 1803 v) The site's susceptibility to severe erosion; and ; Deleted: to the provisions of this I 1804 vi) The use of buffer averaging or buffer enhancement plans by the applicant us r ng, chapre� ---- 1805 native vegetation or other measures t o enhance the functions and values of the I Deleted: be taken to 1806 Hydrologically Related Critical Area (HRCA), Deleted: • These alternative measures may include, but are not limited to, the I 1807 c) ,When granting an adjustment, the Administrative Official or designee may require, following 1808 , - h tot 1 i , ■ the f o l lowing alternative measures to,protect the functions Deleted: (i) 1809 and values of the HRCA,: Deleted: 1810 i) Aestoration of impaired channels and banks to conditions which support natural / ,, (ii) _ I 1811 stream flows, fish habitat, and other values, De i) 1 1812 ii) Restoration, enhancement, and preservation of soil characteristics and the quantity _ J 1813 and variety of native vegetation; Deleted: for 1 1814 iii) Provisions for erosion control and $he reduction and filtration of stormwater runoff on Deleted: to moderate the effects of the Project 1815 the stream channel and buffer„ 1816 iv) (iv) Removal or alteration of existing manmade facilities associated with Deleted: the a area of vegetation separatat the project from the 1817 stream channels, or drainage ways, which improve stream -flowor exchange of stream channel I 1818 surface waters - Deleted: characteristics or improve the 1819 (v) or floodwaters; movement 1820 v) Replacement of loststream corridor features on an acre - for -acre basi ;and Deleted: wetlands or other I 1821 replacement of lost wetlands in accordance with guidance provided in Deleted: and equivalent value orata higher acre 2n /2008 43 - - - -- -- - - - -- --- - - - - -- - - -- 43 1 1 1 r.t0G. INDEX 1 # u_I City of Yakima 15.27 CAO 1 1822 the Washington State Department - Ec;i.7;' Wetland Mitigation in 1823 Washington 1 and 2 (March 2006 or as updated; { Deleted: /or value basis 1824 vi) (vi) Conservation easements for key portions of stream corridor property 1825 and/or their inclusion within public or private conservation programs oz, Deleted: which provide for their long 1826 vii) ( vii) Vegetative buffer averaging may ,be modified by averaging buffer term preservation and maintenance. 1827 widths. Buffer averaging is preferred in the use of mitigation sequencing (s I Deleted: Buffer Averaging. Vegetative buffers may 1828 15 - 0716C.03.10 Mitigation Requirements) over a reduction in the buffer Deleted: ), 1829 standards. 1830 d) i) The following additional criteria must be met to reduce the critical areas stream and 1831 wetland buffers found in Tables 5tables 6 -1 and 56 -2 below the minimum listed in the 1832 respective tables, I Deleted: 1833 i) There is a hardship related to maintenance of the minimum buffer width that results _ 1834 from parcel boundaries or existing on -site development., I Deleted: I 1835 ii) When warranted under (a) above, the buffer width shall be the maximum possible 1 Deleted: , 1836 while meeting the minimum rij, of the proposal. I Deleted: needs 1837 i. The at,( ..,.:,:y .i 1,111 prepare a mitigation plan. \ +hich addresses the decrease of 1838 %ketland or stream function due to the decrease in buffer size. 1839 1840 15.27.318 1841 16C.03.24 Reasonable Use Exception 1842 1) Classification Criteria - If the application of this chaptei;would deny all reasonable - - - - { Deleted: 1843 economic use of the subject property, the property owner may apply for a Reasonable Use I Deleted: title 1844 Exception,. I Deleted: pursuant to this Section 1845 2) process - A Reasonable Use Exception shall be processed as a Level (3) Review, with a - { Deleted: 1846 public hearing. in accordance with YCC Title 16B.03 (Classification by Project Permit I Deleted: Type III review 1847 Type). – — 1848 3) pecision Criteria - Ihe Reasonable Use request shall be accompanied by contonnance - -{ Deleted: 1849 criteria. Failure to satisfy any one of the criteria shall result in denial of the request and the 1850 burden of proof shall be on the applicant. Decisions on Reasonable Use request shall be I Deleted: the 1851 based on the general decision criteria found in > 15.27.31 1 section 16C.03.14 (Authorization _ 1852 Decisions – Basis for Action together with the criteria below., Deleted:) 1853 a) The application of this chapter; would deny all reasonable use of the property; provided Deleted: The Reasonable Use request 1854 that the inability of the applicant to derive reasonable use of the property is not the result shall be accompanied by the evidence necessary to demonstrate conformance 1855 of actions by the applicant; with the criteria below. Failure to satisfy 1856 b) No other reasonable use of the property has less impact on the critical area; any one of the criteria shall result in denial of the request. The burden of 1857 c) Any alteration is the minimum necessary to allow for reasonable use of the property. proof shall be on the applicant to bring 1858 forth evidence in support of the application and to provide sufficient 1859 15.27.31916C.03.25 Minor Revisions to Approved Uses or Developmenf information on which any decision has to 1860 1) Classification Criteria – Minor revisions as de i ∎ 6c 15.27.266 to a project that be made on - the application. 1861 has been pie iousI\ approved under a critical arc. permit are allowed under the followintz Deleted: title I 1862 ,circumstances; I Deleted: s 1863 1) ,. I Deleted: in certain 1864 a. Changes that are not substantive are not required to obtain a revision and may be 1865 allowed, 1866 a) as activities to implement the original permit. Examples of such include minor changes 1867 in facility orientation or location, minor changes in structural design that does not change I 2/1/2008 44 44 I 1 L0C-. 1 IN DEX 1 City of Yakima 15.27 CAO 1 1868 the height or increase ground floor area, and minor accessory structures (such as 1869 equipment covers or small sheds near the main structure, etc.). 1870 b) Substantive changes are those that materially alter the project in a manner that relates to I 1871 its conformance with the permit requirements. Such changes may be approved as a 1872 minor revision, if the Administrative Official or designee determines that the proposed 1873 revision is within the scope and intent of the original permit, and meets the criteria listed Deleted: and all previous revisions are 1874 below. Failur to meet the criteria belom v ill require,a new permit. . Deleted: Changes not able 1875 i) Lot coverage and heightmay be increased by a maximum of', ten (10 %) percent from Deleted: must obtain 1876 the provisions of the original permit, pi that Deleted: No additional over water 1877 a. Revisions involving new structures not shown on the construction will be involved, except that ' 1878 pier, dock, or float construction original site plan shall require a new permit; and., -- 1879 b. An' ,revisions authorized under this subsection shall not Deleted: five hundred square feet or 1880 exceed height, lot coverage, setback. or any other Deleted: whichever is less; 1881 requirements of this chapter. Deleted: Lot coverage and height may be increased a 1 1882 ii) these regulations; maximum of ten percent from 1883 iii) Landscaping may be added,without„an application for a new permit prox ides, that his the provisions of the original permit: PROVIDED, 1884 consistent with conditions ti the original permit and is consistent with this title for the that revisions I 1885 area in which the project is located; I Deleted: , _ — 1886 iv) The use authorized pursuant to the original permit haspot changed; Deleted:: PROVIDED FURTHER, 1887 v) No additional significant adverse environmental impacts will be caused by the project that any 1888 revision. I Deleted: to a project _ I I 1889 2) Process — Minor revisions to existing permits shall be processed under Class (1) Revievti ( Deleted: necessitating 1890 procedures.as a Type I review, as provided under YCC Title 16B (Project Permit Deleted:: PROVIDED. 1891 Administration). Parties of record to the original permit shall be notified of the revision, Deleted: the landscaping I 1892 though a comment period is not required. .. _ - 1893 3) Decision Criteria - Decisions on permit revisions shall be based on the general decision Deleted: (if any) attached to 1894 criteria found in 15.27.31 1 section 16C.03.14 (Authorization Decisions — Basis for Action, ' Deleted: is J 1895 Deleted: impact I 1896 15.27.320 Deleted: ) 1897 16C.03.26 Non - Conforming Uses and Facilities 1898 Non - Conforming Uses and Facilities are classified as either Conforming Uses with Non- , 1899 Conforming Structures or Areas. of as Non - conforming Usesconforming uses with non - 1900 conforming structures or areas, or as non - conforming uses, as described in subsection 1 below. 1901 Both of which , lave different review processes and decision criteria, as provided for in Ch. 15.19 Deleted: types 1902 of the Yakima Municipal (. ode., Deleted: below in subsections 2 and 3. I 1903 1904 1) is . 27.321 Classification Criteria — There may be situations that do not conform to the 1905 standards or regulations of this title. These situations are characterized as: 1906 a) Non - conforming Uses. Uses of a structure or land that were lawfully established at the I 1907 time of their initiation but are currently prohibited by this title are non - conforming uses, 1908 and may utilize structures or land areas that are also non - conforming. A non - conforming 1909 use that is discontinued for any reason for more than one year shall have a presumption of I 1910 intent to abandon, shall not be re- established, and shall lose its non - conforming status, 1911 unless an Adjustment (16C.03.23) is obtained to extend the length of time, based on 1912 documentation showing that an intent to abandon did not exist during the period of 1913 discontinuance. An Adjustment request may be submitted after the deadline has passed. I 2/1 /2008 45 45 1 1 1 I . INDEX 1 # ,j -- I Cih of Yakima 15.27 CAO 1 1914 In the case of destruction or damage where reconstruction costs exceed 50% of the I 1915 assessed value, the structure shall not be rebuilt; 1916 b) Conforming Uses with Non - conforming Structures or Areas are structures or areas for 1917 conforming uses that were lawfully established at the time of their initiation, but currently I 1918 do not conform to the bulk, dimensional or other development standards of this title. 1919 Structures or areas in locations approved under a permit shall not be considered non- 1920 conforming. Non - conforming outdoor areas that have not been used or maintained for 5 1921 consecutive years shall lose their non - conforming status and may not be reestablished; 1922 c) Any non - conforming structure, area, or use may be maintained with ordinary care 1923 according to the provisions in 16C.01.05 (Applicability) and 16C.03.05 (Minor Activities 1924 Allowed without a Permit or Exemption) and 16C.03.06 (Exemptions — Procedural I 1925 Requirements), and do not require additional review under these non - conforming 1926 provisions. 1927 2) Process 1928 a) Alterations to conforming uses with non - conforming structures or areas shall be allowed 1929 under the following process requirements with the understanding that other permits or 1930 reviews may also be required under this title: 1931 i) Those that do not increase the existing non - conformity and otherwise conform to all 1932 other provisions of this title are allowed without additional review under these non - 1933 conforming provisions; 1934 ii) Those that increase the non - conformity, including establishing additional square 1935 footage within a buffer, are allowed without additional review under these non - 1936 conforming provisions; however, an Adjustment must be obtained for the increased 1937 non - conformity; 1938 iii) Reconstruction or repair of a structure damaged less then 75% of the assessed value I 1939 shall be processed as provided in subsections i) and ii) above; 1940 iv) A nonconforming structure which is moved any distance shall be processed as 1941 provided in subsections 1 and 2 above; 1942 v) Reconstruction or repair of structures destroyed or damaged 75% or more of the 1943 assessed value of the structure (not the whole property), including that resulting from 1944 neglect of maintenance or repair, shall be processed under these non - conforming 1945 provisions as a Type II review under YCC Titlel 6B (Project Permit Administration). I 1946 b) Alterations to Non - Conforming Uses 1947 i) Those involving expansion or alteration within an existing structure, but do not 1948 include alterations to outdoor areas, or expansions of the building's height or square 1949 footage are allowed without additional review under these non - conforming I 1950 provisions. 1951 ii) Alterations to non - conforming uses, including their non - conforming structures or 1952 areas that do not qualify under paragraph i) above, shall be processed under these I 1953 non - conforming provisions as a Type II review, as provided under YCC Title 16B 1954 (Project Permit Administration). 1955 3) Decision Criteria 1956 a) Decisions on projects that require review under the non - conforming provisions, as 1957 identified under subsection (1) above shall be based on the general decision criteria found 1958 in section 16C.03.14 (Authorization Decisions — Basis for Action) together with the 1959 criteria below. 1 2/1/2008 46 46 1 1 1 DOC. INDEX 4 kj- 1 1 1 City of Yakima 15.27 CAO 1 1960 b) Applications for conforming uses with non - conforming structures or areas that are 1961 subject to subsection 2(a)(v) above, shall not be approved unless a finding is made that 1962 the project meets all of the following criteria: I 1963 i) Using the original location will not place the structure or people in danger of a 1964 hazard; 1965 ii) The previous structure and any structural shore modification used to protect the I 1966 structure did not increase hazards or damage to other properties; 1967 iii) The previous structure and any shore modification used to protect the structure did 1968 not cause significant impacts to the functions and values of the critical area. 1969 c) Decisions on non - conforming uses: I 1970 i) A non - conforming use may not be altered or expanded in any manner that would 1971 bring that use into greater non - conformity. 1972 I 1973 16C.03.27 General Critical Areas Protective Measures 1974 The standards below apply to all permits and reviews performed under this chaptelr Deleted: tide 1975 1) Financial guarantees to ensure mitigation, maintenance, and monitoring. 1976 a) When required mitigationpursuant to a development proposal is not completed prior Deleted: required _ 1 1977 to the City of Yakima's,fina1 permit approval, Administrative Official. or designee Deleted: Yakima County's 1978 may require the applicant to post a financial guarantee to ensure that the work will be Deleted: such as final plat approval or 1979 completed. final building inspection, 1980 b) If development proposal is subject to compensatory mitigationl, the applicant must Deleted: the I 1981 post a financial guarantee to ensure mitigation is fully functional. Deleted: for wetlands and streams 1982 a) All,financial guarantees are required by other state or federal agencies for specific Deleted: Where _I 1983 mitigation features, additional financial guarantees for those features are not required -- - I 1984 under this provision. 1985 b) The financial guarantee shall be in the amount of one hundred and twenty -five percent 1986 (125 %) of the estimated cost of the uncompleted actions and/or the estimated cost of 1987 restoring the functions and values of the critical area that are at risk. I 1988 c) The financial guarantee may be in the form of a surety bond, performance bond, Deleted: an 1989 assignment of savings account,,irrevocable letter of credit guaranteed by an acceptable 1990 financial institution, or other form acceptable to the Administrative Official or designee, Deleted: county 1991 with terms and conditions acceptable to the City of Yakima,attomey. Deleted: , in writing, I 1992 d) The financial guarantee shall remain in effect until the Administrative Official or Deleted: , and may be held for longer periods when necessary. 1993 designee determines, that the standards bonded for have been met. Financial guarantees D eleted: P ublic d evelopment proposals 1994 for wetland or stream compensatory mitigation shall be held for a minimum of five (5) shall be relieved from having to comply 1 1995 years after completion of the work to ensure that the required mitigation has been fully with the bonding requirements of this 1996 implemented and demonstrated to function, Section if 1997 e) ipublic funds have previously been committed for mitigation, maintenance, monitoring, Deleted: Any failure - i 1998 or restoration a financial guarantee will not be required. Deleted: established by law or I condition, including but not limited to the 1999 c) Failure, to satisfy critical area requirements ,,shall constitute a default, and the failure to provide a monitoring report 2000 Administrative Official and his or her designee may demand payment of any fmancial within thirty (30) days after it is due or comply with other provisions of an 2001 guarantee_ approved mitigation plan, 1 2002 f) s or require other action authorized by the Yakima County code or any other law. Deleted: Section aT —1 2003 g) Any funds recovered pursuant to this sectiorlshall be used to complete the required Deleted: not j 2004 mitigation. Such funds shall be deposited in,a separate account. The City of Yakima will + Deleted: the County General Fund, but rather provided with 1 Deleted: County 2/1/2008 -- 47 47 1 1 DOC. INDEX 1 # J - I City of Yakima 15.27 CAO I 2005 use such funds to arrange for completion of the project or mitigation, and follow -up 1 2006 corrective actions. 2007 I h) Depletion, failure, or collection of financial guarantees shall not discharge the obligation 2008 of an applicant or violator to complete required mitigation, maintenance, monitoring, or I 2009 restoration. 2010 2) 2) Declarative Covenants 2011 a) When a development is authorized by a critical areas permit or review, a declarative 2012 covenant shall, unless determined not to be necessary by the Administrative Official, be 2013 filed with the Yakima County Auditor to inform future owners of the existence of a 2014 critical areas decision that runs with the land and contains limits relating to critical areas 2015 on the property. The declarative covenant shall read substantially as follows: 2016 2017 "This declarative covenant is intended to reduce the incidence of unintentional 2018 violation of the Critical Areas Ordinance. Please be informed about your property I 2019 and the laws that apply to it. 2020 2021 This declarative covenant is provided by Yakima County to the current and future 2022 owners of the property described as renter property description) to inform them 2023 that, at the time of this notice, renter Critical Areas present) existed within or 2024 adjacent to the property which are protected and regulated by the Yakima County 2025 Critical Areas Ordinance (YCC Title 16C). Development has taken place on the 2026 property under permit or review number renter permit file numberl, which 2027 includes requirements that run with the land. Current and future owners should 2028 obtain copies of the permit and also inform themselves about the critical areas that 2029 exist on the property. I 2030 2031 This declarative covenant may be removed or modified if critical areas conditions 2032 change, or if the permit is no longer applicable. Contact the Yakima County 2033 Public Services for assistance in doing so." 2034 2035 b) The declarative covenant shall not be required for a development proposal by a public 2036 agency or public or private utility: 2037 i) Within a recorded easement or right -of -way; 2038 ii) Where the agency or utility has been adjudicated the right to an easement or right -of- 2039 way; or 2040 iii) On the site of a permanent public facility. 2041 c) The applicant shall submit proof that the declarative covenant has been filed for public 2042 record before the Administrative Official approves any development proposal for the 2043 property or, in the case of subdivisions, short subdivisions, planned unit developments, 2044 and binding site plans, at or before recording. I 2045 3) Subdivision Standards - The following standards apply to all permits or reviews under the 2046 I Subdivision Ordinance (YCC Title 14) that contain critical areas: 2047 a) All subdivisions that contain critical areas shall be eligible for density bonuses or other 2048 development incentives, as provided in the Subdivision Ordinance (YCC Title 14) and 2049 Zoning Ordinances (YCC Titles 15); Deleted: and 15A 2050 b) Critical areas shall be actively protected through the following: 2/1/2008 48 48 1 1 DOC, 1 INDEX r 1 City of Yakima 15.27 CAO 2051 i) Roads and utilities for the subdivision shall avoid critical areas their d 1 ar as and etr buffers, as 2052 much as possible; 2053 I ii) When Geologically Hazardous Areas (excluding Erosion, Over steepened Slopes of I 2054 Intermediate Risk, Stream Undercutting, and Earthquake hazards), FEMA Floodway, 2055 Channel Migration Zone (CMZ), Streams, Wetlands and/or Vegetative Buffers fall 2056 within the boundary of a subdivision; ) - { Deleted: ;¶ I 2057 (1) Said critical areas may; be protected by placing them entirely within a separate I Deleted: shall 2058 critical area tract, or by including them entirely within one of the developable I Deleted: , 2059 parcels. Other options, such as conservation easements and building envelopes 2060 may be deemed appropriate by the Administrative Official as meeting this I 2061 provision when special circumstances obstruct the viability of this provision;; { Deleted: :¶ 2062 (2) For those new lots that do contain said critical areas, useable building envelopes 2063 (5,000 square feet or more for residential uses) shall be provided on the plat that 2064 I lies outside said critical areas. I 2065 iii) New lots partially within the floodplain shall provide a usable building envelope 2066 1 (5,000 square feet or more for residential uses) outside the floodplain; { Deleted:. 2067 iv) New lots entirely within the floodplain shall be at least one (1) acre in area; I 2068 v) For new lots containing streams, wetlands, and/or vegetative buffers, outdoor use 2069 I envelopes „shall be provided on the plat that lies outside said critical areas; I Deleted: (such as lawns, gardens, play 2070 vi) Degraded vegetative buffers shall be restored, or provided with protection measures areas, gazebos, etc.) 2071 that will allow them to recover; I 2072 vii) Floodplains and critical areas shall be depicted on preliminary subdivision plats and 2073 relevant information about them disclosed on the final plat. 2074 i. ie entirely within a Geologically Hazardous Areas I 2075 (excluding Erosion. Over Steepened Slopes of Intermediate Risk. Stream 2076 Undercutting. and Earthquake hazards), FEMA Floodway. Channel Migration 2077 Zone (CMZ). Stream. Wetland. and /or Vegetative Buffers may not be further 2078 divided. 1 1 1 1 1 1 2/1/2008 49 - -- -- 49 1 1 INDEX 1 _ City of Yakima 15.27 CAO 1 2079 CHAPTER 15.27 1 2080 PART FOUR 2081 1 1 1 1 1 1 1 1 1 1 1 1 1 2/1/2008 50 �50 1 DOG INDEX City of Yakima 15.27 CAO 1 2082 Chapter 16C.04 2083 ENFORCEMENT AND PENALTIES 2084 I 2085 Sections: 2086 16C.04.01 Enforcement Responsibilities Generally 2087 16C.04.02 Enforcement Responsibilities — Chapters 16C.05.20 through 16C.05.72 2088 Flood Hazard Permits I 2089 16C.04.03 Violation — Penalty 2090 2091 1 2092 16C.04.01 Enforcement Responsibilities Generally 2093 It shall be the duty of the Administrative Official or his designee to enforce the provisions of the 2094 Critical Areas Ordinance pertaining to all development within the jurisdiction of this title, except 2095 as expressly noted in Section 16C.04.03 below pertaining to flood hazard permits. Whenever any I 2096 development is found to be in violation of this title or a development authorization issued 2097 pursuant to this title, the Administrative Official or his designee may order any work on such 2098 development stopped by serving written notice on any person engaged in the wrongdoing or I 2099 causing such development to be done. The notice shall be in the form of a "cease and desist" 2100 order and shall indicate corrective actions necessary to fulfill authorization conditions and/or 2101 terms of this title and the time within which such corrections shall occur. No further development 2102 shall be authorized unless and until compliance with the development authorization conditions I 2103 and/or terms of this title has been achieved to the satisfaction of the Administrative Official. 2104 2105 16C.04.02 Enforcement Responsibilities — Chapter I 2106 Flood Hazard Permits 2107 It shall be the duty of the Chief Building Official or his designee to enforce the provisions of 2108 Chapter 16C.05. Whenever any development is found to be in violation of said chapters or a 2109 permit issued pursuant to said chapters, the Chief Building Official may order any work on such I 2110 development stopped by serving written notice on any persons engaged in the doing or causing 2111 such development or substantial development to be done. Any such persons shall forthwith stop 2112 such work until authorized by the Chief Building Official to proceed with the work. 2113 I 2114 16C.04.03 Penalties 2115 a) Violation of the provisions of this title or failure to comply with any of its requirements 2116 constitutes a misdemeanor and a public nuisance. Any person who violates or fails to comply I 2117 with any of its requirements shall, upon conviction in a court of competent jurisdiction, be fined 2118 not more than one thousand dollars or be imprisoned for not more than ninety days, or both, and 2119 in addition shall pay all costs and expenses involved in the case. Each day such violation 2120 continues shall be considered a separate offense; however, no additional action will be initiated I 2121 pending the disposition of any previous suit or complaint. 2122 b) It shall be the affirmative duty of the county prosecutor's office to seek relief under this 2123 section for violations of this title. I 2124 c) Nothing herein shall prevent the county prosecutor's office from taking such other lawful 2125 action, legal and /or equitable, as is necessary to prevent or remedy any violation. 2126 d) In addition to any criminal proceedings brought to enforce this title and in addition to any fine 2127 or imprisonment provided for therein, continuing violations of this title may be enjoined or 1 1 2/1/2008 _ _ 51 51 - 1 1 1 30 INDEX 1 # _L:! City of 1 akima 15.27 CAO 1 2128 ordered abated in a civil proceeding for injunction or for abatement. For purposes of abatement 1 2129 actions, such violations are declared to be public nuisances. Any person, firm, or corporation 2130 violating the provisions of this title shall be liable for all costs of such proceedings, including 2131 reasonable attorney's fees and expenses of abatement. The provisions of this subsection are in 111 2132 addition to any other remedies available at law or equity. 1 r 1 1 1 1 1 1 1 1 1 1 2/1/2008 - - 52 52 1 1 DOC. 1 INDEX 1 1 City of Yakima 15.27 CAO 1 2133 1 Chapter 16C.05 2134 FLOOD HAZARD AREAS 2135 1 2136 2137 Sections Defined: 2138 16C.05.20 FLOOD HAZARD AREAS — GENERAL PROVISIONS I 2139 15.27.400 Sections: 2140 16C.05.20.010 Flood Hazard Areas Established 2141 15.27.401 16C.05.20.030 Principles 2142 15 .27.402 16C.05.20.050 Applicability 1 2143 15 .27.403 Documented 16C.05.20.060 Exemptions 2144 15.2 7.404 16C.05.20.070 Interpretations 2145 15.27.405 Compliancel6C.05.20.070 Interpretations I 2146 15.27.406 16C.05.20.090 Warning and Disclaimer of Liability 2147 FLOOD HAZARD PROTECTION STANDARDS 2148 15 .27.407 General Standards 2149 15 .27.408 Specific Standards I 2150 FLOODWAY FRINGE USES 2151 15 .27.409 Floodway Fringe Permitted Uses 2152 15.27.410 Floodway Fringe Prohibited Uses 2153 FLOODWAY USES I 2154 15 .27.411 Floodway Permitted Uses 2155 15.27.412 Floodway Prohibited Uses 2156 15.27.413 Floodway Non- Conforniing Uses and Facilities I 2157 FLOOD HAZARD PROTECTION ADMINISTRATION 2158 15 .27.414 Administration 2159 15.27.415 Authority 1 2160 15.27.416 Permit - Required 1 2161 15.27.417 Permit - Application 2162 15.27.418 Permit - Review 2163 15.27.419 Use of Available Data 2164 15.27.420 Limitations I 2165 15.27.421 Permit - Expiration & Cancellation 2166 15.27.422 Performance bonds 2167 15.27.423 Appeals I 2168 15.27.424 Coordination 2169 ELEVATION AND FLOODPROOFING CERTIFICATION 2170 15.27.425 Applicability 2171 15 .27.426 Certification Form I 2172 15.27.427 information to be obtained and maintained 2173 15.27.428 Certification Responsibility 2174 FLOOD HAZARD VARIANCES I 2175 15.27.429 Procedure 2176 15.27.430 Variance limitations 2177 15.27.431 Conditions for Authorization 2178 15 .27.432 Administrative Official's Decision 2/1 /2008 53 1 1 1 Diu. INDEX J -1 City of Yakima 15.27 CAO 1 2179 15?7.433 Notification and Final Decision 1 2180 15.27.434 Power to Refer Decisions 2181 15.27.435 Appeals 2182 15.27.436 Federal Flood Hazard Map Correction Procedures 1 2183 2184 2185 FLOOD HAZARD AREAS — GENERAL PROVISIONS 2186 1 2187 15.27.40016C.05.20.010 Flood Hazard Areas Established 2188 The special flood hazard areas identified by the Federal Emergency Management Agency 2189 (FEMA), accompanying Flood Insurance Rate Maps (FIRMsJjlood Boundary. and Floodway Deleted: in a scientific and engineerin 2190 Maps, and any amendments thereto ,Wade by the Federal Emergency Management Agency, report entitled "Flood Insurance Study fn the Unincorporated Areas of Yakima 2191 which. are adopted by reference and declared to be part of Part Four of the City of Yakima's County," dated March 2, 1998, with 2192 Critical Areas OrdinanceChapters 16C.05.20 through 16C.05.72 and are established as flood Deleted:) and - ' 2193 hazard areas. The Flood Insurance Study and maps are on file at Yakima City Halt, Yakima, Deleted: which may thereafter be 2194 Washington. Deleted: the 2195 Deleted: County Courthouse Building 2196 1 5.27.401 2 1 197 16C.05.20.030 Principles 2198 (a) This Part Foul" recof;nize the right and need of the river channel to periodically carry more Deleted: Recognizing 2199 than the normal flow of water and establishes reuulations,to minimize loss of life and property, Deleted: desiring 2200 Chapters 16C.05.20 through 160.05.72 restrict uses and regulate structures ,consistent with the Deleted: to those that are 1 2201 degree of flood hazard. 2202 (b) In advancing the above principals, the intent of Part Four Chapters 16C.05.20 through 2203 16C.05.72 and their application is: Deleted: 1 2204 ' (1) To alert the county assessor, appraisers, owners, potential buyers and lessees to the Deleted: requirement of 2205 natural limitations of flood -prone land; 2206 (2) To meet the minimum requirements of ,the National Flood Insurance program; and l Deleted: 2207 (3) To implement state and federal flood protection programs. Deleted: 13 -- - 11 2208 Deleted: International 2209 15.27.40216C.05.20.050 Applicability Deleted: within the jurisdiction of Yakima County and shall be utilized 2210 The guidelines and regulations set forth herein. YCC Title 11 YMC related Building,,Codes when considering the issuance of permit 2211 shall apply to all special flood hazard areas, through the administrative of quasi - 2212 ,(1) The provisions of Part Four ,,1 , ;, , - ! terChapters 16C.05.20 through 16C.05.72 shall Judicial processes within Yakvn County 2213 apply to any development proposed in a special flood hazard area, Deleted: Yakima County. County approvals 2214 (2) Flood hazard permits shall be approved by the C it 1, of Yakima. Appro\ a shall only be 1 2215 granted in accordance with Part Four of this chapterChapters 16C.05.20 through 16C.05.72 and Deleted: when 2216 other applicable local, state, and federal regulations. Deleted: shall 2217 (3) Topographic, engineering and construction information necessary to evaluate the Deleted: County 2218 proposed project shall be submitted to the department for approval. Deleted: any official or employee thereof 2219 (4) The granting of a permit for any development or use does,not constitute a representation, 2220 guarantee or warranty of any kind or nature by the City of Yakima, or its employeeN, of the Deleted: us 2221 practicality or safety of any structure or,proposed use. and shall not create,iability upon or cause Deleted: no 2222 Action against the abo‘ e mentioned body, or employee, for any damage that may result. Deleted: of 2223 Deleted: such public 2224 ' Deleted: official Deleted: thereto 1 2i1nOO8 54 54 1 1 r 1 .)v 1 €JDL X 1 City of Yakima 15.27 CAO I 2225 2226 2227 I 2228 15.27.403 Documented 2229 16C.05.20.060 Exemptions 2230 The following uses and activities are exempt from the provisions of Part Four of this I 2231 chapterChapters 16C.05.20 through 16C.05.72: — — 2232 (1) The alteration or substantial improvement of any structure listed on the National Register 2233 I of Historic Places or inventory of historic places; { Deleted: a _ 1 2234 (2) The installation and maintenance of aboveground utility transmission lines and poles; I 2235 (3) Private driveways, fences and other accessory activities and/or uses necessary for 2236 agricultural uses which the administrativepfficial determines will not unduly decrease flood 1 Deleted: building 1 2237 storage or capacity, significantly restrict floodwaters, create a substantial impoundment of debris I 2238 carried by floodwaters, and will resist flotation and collapse; 2239 (4) Construction and practices normal or necessary for agricultural uses. The construction of 2240 an accessory barn or similar agricultural structure, designed to have a low flood- damage 2241 potential, not involving substantial cutting, filling, or watercourse modification, is subject to I 2242 Section 16C.05 28.020(3)(a through e). (Ref. IRC 323) 2243 15.27.404 2244 16C.05.20.070 Interpretations 2245 (a) In the interpretation and application of Part Four of this chapterChapters 16C.0520 through I 2246 16C.05.72, the provisions shall be considered as minimum requirements: anti shall be strict . I, Deleted:_ 2247 construed in favor of the polit_ i, s and standards herein; and deemed neither to limit nor repeal I Deleted: liberally - 2248 any other powers granted under state statute. Its provisions shall be applied in addition to and as I Deleted: Yakima County, _ 1 p ' 2249 a supplement to provisions of the Yakima Municipal Cody Title 11 Buildings, Title 12 I Deleted: County codes (YCC), j 2250 Development Stantiards:13, Building and Construction, YCC Title 14 Subdivisions. and Title 15 2251 Yakima Urban Area(YCC (YCC Title 15 and 15A) Zoning Ordinance. "Sections 15.27.400 2252 through 436 "s, and the Shoreline Master Program (YCC Title 16D). Chapters 160.05.20 through I 2253 16C.05.72 are not intended to repeal, abrogate, or impair any existing easements, covenants, or 2254 deed restrictions. Where$hese ordinances, and other ordinances, conflict or overlap, the standard Deleted: However, where 2255 imposing the more stringent requirement shall prevail. Deleted: chapters I 2256 (b) In an interpretation as to an exact location of the boundaries of the special flood hazard areas Deleted:. easements, covenants or deed 2257 (i.e., conflict between a mapped boundary and actual field conditions), the person contesting the restriction w 2258 location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Deleted: whichever imposes 2259 Such appeals shall be granted consistent with the standards of ,the National Flood Insurance Deleted: Section 60.6 of the rules and I 2260 Program 60.6 (See CFR 59, et .s and IBC 10 regulations of 2261 Deleted: 2262 I5.27.40516C.05.20.080 Compliance No structure or land shall hereafter be used, Deleted: etc.) (Ref. I 2263 constructed, located, extended, converted, or altered without full compliance with the terms of 2264 Part Four of this chapterChapters 16C.05.20 through 16C.05.72 and other applicable regulations. 2265 2266 15.27.40616C.05.20.090 Warning and Disclaimer of Liability The degree of flood I 2267 protection required by Part Four of this chapterChapters 16C.05.20 through 16C.05.72 is 2268 considered reasonable for regulatory purposes and is based on scientific and engineering 2269 considerations. Larger floods can and will occur on rare occasions. Flood heights may be 2270 increased by manmade or natural causes. Part Four doesChapters 16C.05.20 through 16C.05.72 1 2/1/2008 55 55 1 1 1 DOC. INDEX 1 # j- Cite of Yakima 15.27 CAO , 2271 I do not imply that land outside the area of special flood hazards orpermitted u,e, within such Deleted: uses r 2272 area will not be subject to flooding or flood damage. 2273 r i 1 1 1 1 i 1 1 1 1 1 1 2/1/2008 56 56 1 0100 1 1NOE) .1- 1 City of Yakima 15.27 CAO I 2274 16C.05.28 FLOOD HAZARD PROTECTION STANDARDS 2275 2276 . 15.27.407 Sections: I 2277 16C.05.28.010 General Standards 2278 160.05.28.020 Specific Standards 2279 2280 16C.05.28.010 General Standards, _ 2281 The following regulations shall apply in all special flood hazard areas pursuant to the IBC. 2282 ASCE -24 and Hud 24 CFR Part 3280: 2283 (1) Anchoring and Construction Techniques. I Deleted: (a) _ _ I 2284 (2 )_ _ _ All manufactured homes must likewise be anchored to prevent flotation, collapse, or Deleted: 1) All new construction 2285 lateral movement, and shall be installed using methods and practices that minimize flood and substantial improvements shall be: (A) Anchored to prevent 2286 damage. , Anchoring shall meet the specifications set forth below for structures located within flotation, collapse or lateral movement of 2287 one hundred (100) feet of a floodway or the ordinary high water mark if no floodway has been the structure; and I (B) Constructed using 2288 established. materials and utility equipment resistant 2289 (3) All new construction and any improvements or additions to existing floodproofed to flood damage; and (C) Constructed using 2290 structures that would extend beyond the existing floodproofing located within one hundred (100 methods and practices that minimize 1 2291 feet of the floodway or one hundred (100) feet of the ordinary high water mark if no floodway flood damage; and 2292 has been established. (D) Electrical, heating, ventilation, plumbing, and air - 2293 (a) U n les., it can be demonstrated that non - zero -rise construction methods will not conditioning equipment and other service facilities shall be designed and/or 2294 impede the movement of floodwater or displace a significant volume of water. otherwise elevated or located so as to I 2295 ,(4) Except where otherwise authorized, all new construction and substantial improvements to 2296 existing structures shall require certification by a registered professional engineer, architect or Prevent water from entering or accumulating within the components during conditions of flooding. 2297 surveyor that the design and construction standards are in accordance with adopted floodproofing ( . —_ --- 2298 techniques. ( Deleted: ) 2299 1 (4) Utilities. Deleted: Anchoring methods may 2300 (1) All new and replacement water supply systems and sanitary sewage systems shall be include, but are not limited to, use of over -the -top or frame ties to ground 2301 designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from anchors (Reference FEMA's I 2302 the systems into floodwaters; and on -site waste disposal systems shall be located to avoid Manufactured Home Installation in Flood Hazard Areas guidebook for additional 2303 impairment to them or contamination from them during flooding. techniques). 2304 (11,) Subdivision Proposals. Subdivision proposals shall: Deleted: , shall be elevated to a height 2305 ,(1) Be consistent with the need to minimize flood damage; equal tc eater w the rase d, I using zero - ri methods an such as pier 2306 (2) Have roadways, public utilities and other facilities such as sewer, gas, electrical, and posts, columns, or other methodology, 2307 water systems located and constructed to minimize flood damage; unless __ - 2308 (3) Have adequate drainage provided to reduce exposure to flood damage; and f Deleted: The size and spacing of any ___ 1 2309 (4) Include base flood elevation data support be designs to a achieve bearing , shall be designed to penetrate bearing 2310 (a) In the cases where base flood elevation is not available and the subdivision is greater soil, and be sufficiently anchored, as 2311 then 5 acres or 50 Tots a step-back water analysis shall be require to generate the base flood specified above in subsection (1)(a) of p Y- �l generate this section. 2312 elevation data. �_ Deleted: b _ I 2313 () Watercourse Alterations. The flood - carrying capacity within altered or relocated portions of Deleted: �l 2314 any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a — i 2315 watercourse in riverine situations, the department shall notify adjacent communities, the Deleted: ' 2316 Department of Ecology and FEMA of the proposed development. D _ 2317 I Deleted: d 2318 1 15.27.40816C.05.28.020 Specific Standards In all special flood hazard areas where 2319 base elevation data has been provided as set forth in , 15.27.40016C.05.20.010, the following Deleted: Section 1 2/1/2008 57 57 1 1 1 DOD. INDEX J - 1 �- 1 Cite of Yakima 15.27 CAO 1 2320 regulations shall apply, in addition to the General Standard of , ,15.27.40716C.05.28.010: i Deleted: general regulations ofSectio 2321 (1) Residential Construction. (See 1RC 323.2) i Deleted: ref _ 1 2322 (A) New construction and substantial improvement of any residential structure shall 2323 have the lowest floor, including basement, elevated at a minimum to or above the base flood I 2324 elevation. 2325 (B) Fully enclosed areas below the lowest floor that are subject to flooding are 2326 prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior 2327 1 walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement 2328 must either be certified by a registered professional engineer or architect or must meet or exceed 2329 the following minimum criteria: 2330 (i)_,A minimum of two (2) openings having a total net area of not less than one Deleted: I 2331 (1) square inch for every square foot of enclosed area subject to flooding shall be - 2332 provided. 2333 (ii),The bottom of all openings shall be no higher than one (1) foot above grade. ' Deleted: ' 2334 (iii)_Openings may be equipped with screens, louvers, or other coverings or devices, _ I Deleted: 2335 provided that they permit the automatic entry and exit of floodwaters. 2336 (C) Residential construction within one hundred (100) feet of a floodway, or the 2337 ordinary high water mark if no floodway has been established, shall also meet the requirements Deleted: -AI 2338 of',15?7.40716C.05.28.010(3). Deleted: Section 2339 Deleted: a)( 2340 J2) Nonresidential Construction (44 CFR 60.3(c )(3)(4i. flew construction and substantial Deleted: 2341 improvement of any commercial, industrial, or other nonresidential structure, shall either have the Deleted: 2342 lowest floor, including basement, elevated one foot or more above the base flood elevation; or, - -- Deleted: , and any addition to an 2343 together with attendant utility and sanitary facilities, shall: existing floodproofed structure that 2344 1) floodproofed so that below above flood structure would extend beyond the existing ) � e flood fd h bl ne foot or more aboe the b fld level thtt p � floodproofing, 2345 is watertight with walls substantially impermeable to the passage of water; Deleted: a minimum of 2346 Piave structural components capable of resisting hydrostatic and hydrodynamic loads and effects _ —_ 2347 of buoyancy; Deleted: (d) 2348 I 2) pe certified by a registered professional engineer or architect that the design and methods Deleted: an elevation 2349 of construction are in accordance with accepted standards of practice for meeting Deleted: , 2350 provisions of this subsection based on their development and/or review of the structural Deleted: and i 2351 design, specifications and plans; (B) 2352 ,Nonresidential structures that are elevated, not floodproofed, must meet the same standards for Deleted: (C) 2353 space below the lowest floor as described in 15.27.408 (1) Section 16C.05.28.020(1)(B) above; — Deleted: . 2354 (E) Meet the special standards for structures set forth in Section 16C.05.28.010(a)(3) Deleted: Such certifications shall he 2355 above if within one hundred feet of a floodway or within one hundred feet of the ordinary high provided to the building official: 2356 water mark and no floodway has been established; (D) 2357 (F) Applicants floodproofmg nonresidential buildings shall be notified that flood 2358 insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a 2359 building constructed to the base flood level will be rated as one foot below the level). Flood 2360 proofing the building an additional foot will reduce insurance premiums significantly. (Ref. IBC 2361 1612.5) 2362 (3) Agricultural Construction. New construction and substantial improvement of any I 2363 agricultural structure shall either have the lowest floor, including basement, elevated at a 2364 minimum to or above the base flood elevation; or meet the floodproofing requirements of 2365 subsection (2) of this section. Agricultural construction or other accessory structures that 1 2nrz008 58 58 1 1 DOC. 1 INDEX. # J.- 1 I I City of Yakima 15.27 CAO I 2366 constitute a minimal investment and comply with the floodway encroachment standards may be 2367 exempt from the floodproofing and elevation requirements of subsection (2) above when such 2368 structures, together with attendant utility sanitary facilities: I 2369 (A) Have a low potential for structural flood damage; 2370 (B) Are designed and oriented to allow the free passage of floodwaters through the 2371 structure in a manner affording minimum flood damage; and 1 2372 (C) Ensure that all electrical and mechanical equipment subject to floodwater damage 2373 and permanently affixed to the structure be elevated a minimum of one foot above the base flood 2374 elevation or higher, or floodproofed; 2375 (D) Are constructed and placed on the building site so as to offer the minimum I 2376 resistance to the flow of floodwaters; and 2377 (E) Will not be used for human habitation. 2378 2379 (3), Manufactured Homes._ factd H Manufactured homes in accordance with IBC I Deleted: All such structures shall be 2380 501.1 Appendix "G.�• 1 anu omes shall l be e - - - - - -- -- - - - - -- - da anchored to resist flotation, collapse, and lateral movement, and that only flood 2381 resistant materials be used for elements of 2382 (4) Recreational Vehicles Recreational vehicles placed on sites are required to either: these buildings below the base flood elevation. I 2383 1) Be on the site for fewer than 180 consecuti\ e days. (or) i (a) 2384 2) Be fully licensed and ready for highway use. on wheels or jacking system. attached to 2385 the site only by quick disconnect type utilities and security devices, and ha%a no I 2386 permanently attached additions; or 2387 3) Meet the anchoring requirements of 15.27.408 (3) above. 2388 I 2389 2390 2391 2392 I 2393 2394 2395 2396 FLOODWAY FRINGE USES I 2397 2398 15.27.409 Permitted Uses The following uses are permitted in the tloodway fringe areas: _ 2399 (1), Any use permitted in the zoning district in accordance n ith Title 15 of the Yakima I Deleted: (A) I I 2400 Municipal Code, unless prohibited by , 016C.05.28.01Qf a)(2), shall have the lowest Deleted: Manufactured homes shall be 2401 floor elevated to or above the base flood elevation, and shall be securely anchored to an anchorea;n accordance With section _ 2402 adequately anchored foundation system to resist flotation, collapse and lateral movement in :`. Field Code Changed 2403 accordance with Section 16C.05.28.010(a)(2). { Field Code Changed i I 2404 '( Deleted:. 2405 16C.05.32 FLOODWAY FRINGE USES 2406 Sections: I 2407 16C.05.32.010 Permitted Uses 2408 16C.05.32.020 Prohibited Uses 2409 I 2/1/2008 59 1 1 1 DOC. INDEX 1 # j_ Cite of Yakima 15.27 CAO 1 2410 16C.05.32.010 Permitted Uses The following uses are permitted in the floodway fringe 2411 areas: 2412 (1) Any use permitted in the zoning district in accordance with YCC Title 15 or 15A of the 2413 Yakima County Code, unless prohibited by Section 16C.05.32.020. 2414 (2) Utility Transmission Lines. Utility transmission lines shall be permitted when consistent 2415 with YCC Title 15 and where not otherwise inconsistent with Part Four of this chapteiChapters 2416 16C.05.20 through 16C.05.72; except that when the primary purpose of such a transmission line 2417 is to transfer bulk products or energy through a floodway fringe or special flood hazard area, 2418 such transmission line shall conform to the following: 2419 (A) Electric transmission lines shall cross floodway fringe and special flood hazard 2420 areas by the most direct route feasible. When support towers must be located within floodway 2421 fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and/or 2422 depth areas, and shall be adequately floodproofed. 2423 (B) Buried utility transmission lines transporting hazardous materials, including but not 2424 limited to crude and refined petroleum products and natural gas, shall be buried a minimum of 2425 I four (4) feet._ Such burial depth shall be maintained within the floodway fringe or special flood 2426 hazard area to the maximum extent of potential channel migration as determined by hydrologic 2427 analyses. All such hydrologic analyses shall conform to requirements of �, Deleted: Section 2428 15.27.411(3)(C 16C.05.36.010(2)(c). 2429 (C) Beyond the maximum extent of potential channel migration, utility transmission 2430 lines transporting hazardous and nonhazardous materials shall be buried below existing natural 2431 and artificial drainage features. 2432 , (D) Aboveground utility transmission lines, not including electric transmission lines, Deleted: Burial depth in all other 2433 shall only be allowed for the transportation of nonhazardous materials applicants such cases, a licants fringe or sp and nonagricultural floodway . - - - f fringe or special flood hazard areas shall 2434 must demonstrate that line placement will have no appreciable effect upon flood depth, velocity, be detennined on the basis of accepted 2435 or passage._ Such lines shall be adequately protected from flood damage. engineering practice and in consideration of soil conditions and the need to avoid 2436 (E) Aboveground utility transmission line appurtenant structures, including valves, conflict with agricultural tillage. 2437 pumping stations or other control facilities, shall not be permitted in floodway fringe or special '{ Deleted: 2438 flood hazard areas except where no other alternative is available, or in the event a floodway 2439 fringe or special flood hazard location is environmentally preferable. This does not apply' to 2440 domestic water and regional \o a lc ater transmission pipes. In such instances, aboveground 2441 structures shall be located so that no appreciable effect upon flood depth, velocity, or passage is 2442 created, and shall be adequately floodproofed. 2443 2444 15.27.41016C.05.32.020 Prohibited Uses The following uses shall be prohibited in 2445 floodway fringe areas: 2446 (1) New manufactured home parks and the expansion of manufactured home /parks. 2447 2448 16C.05.36 FLOODWAY USES 2449 1 2450 1 5.27.411 Sections: 2451 16C.05.36.010 Permitted Uses 2452 160.05.36.020 Prohibited Uses 2453 2454 160.05.36.010 Permitted Uses Permitted uses include any use permitted in the zoning 2455 district in accordance with YCC Title 15 of this code, provided that said use is in compliance 2i1n008 — — — 60 60 1 1 1 DOC. INDEX -f 1 City of Yakima 15.27 CAO 2456 with the flood hazard protection standards of,§§ 15.27.407 - 40816C.05.28 and other applicable i Deleted: Chapter _ 1 2457 provisions of this chapter; and will have a negligible effect upon the floodway in accordance with { Deleted: title, J 2458 the floodway encroachment provisions of ■ ,15.27.412(2): Permitted uses include: { Deleted :.section 1 I 2459 (1) All encroachments, including till, new construction and other development unless 2460 certification by a registered professional engineer is provided demonstrating through hydrologic 2461 and hydraulic analysis performed in accordance with standard engineering practice that the effect I 2462 of the subject encroachment together with the cumulative effects of all similar potential 2463 encroachments shall not materially cause water to be diverted from the established floodwav, 2464 cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway. or 2465 result in any increase in flood levels dining the occurrence of the base flood discharge. I 2466 (216C.05.36.020(2): 2467 L) Surface mining, provided that the applicant can provide clear evidence that such uses will 2468 not divert flood flows causing channel -shift or erosion, accelerate or amplify the flooding of I 2469 downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in 2470 any other way threaten public or private properties. When allowed, such removal shall comply 2471 with the provisions of Title 15, 2472 at Utility transmission lines, unless otherwise prohibited by this chapte except that when I Deleted: and the Yakima County ' 2473 the primary purpose of such a transmission line is to transfer bulk products or energy through a Shoreline Management Master Program Regulations (WAC- 173 -19 -470). 2474 floodway en route to another destination, as opposed to serving customers within a floodway, (2) 2475 such transmission lines shall conform to the following: j Deleted: division 2476 (A) All utility transmission lines shall cross floodways by the most direct route feasible I 2477 I as opposed to paralleling floodways; 2478 , (B) Electric transmission lines shall span the floodway with support towers located in Deleted: , 2479 flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, I 2480 support towers shall be located to avoid high floodwater velocity and/or depth areas, and shall be 2481 I adequately floodproofed; , 2482 (C) Buried utility transmission lines transporting hazardous and non - hazardous Deleted: , 2483 materials, including but not limited to crude and refined petroleum products and natural gas, I 2484 ,Shall be buried a minimum of four (4) feet below the maximum established scour of the Deleted: water and sewage, 2485 waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be 2486 maintained horizontally within the hydraulic floodway to the maximum extent of potential i 2487 channel migration as determined by hydrologic analyses. _In the event potential channel Deleted: also 2488 migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and Deleted: County, 2489 special flood hazard areas shall ,govern placement. All hydrologic analyses are subject to Deleted: - 2490 acceptance by the Citv of Yakima, N Inch, shall assume the conditions of a one - hundred (100) 1 2491 year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on -site Deleted: County 2492 investigations and consideration of historical meander characteristics in addition to other Deleted: Management 2493 pertinent facts and data. The use of riprap as a meander containment mechanism within the Deleted: Burial depth in all 1 agricultural areas requiring or potentially II 2494 hydraulic floodway shall be consistent with the City of Yakima,Shoreline, vlaster Program requiring subsurface drainage shall be a 2495 Regulations, minimum of six feet as measured from ground surface to the top of the 2496 (D) Beyond the maximum extent of potential channel migration, utility transmission transmission line, or at other such depth 2497 lines transporting hazardous and nonhazardous materials shall be buried below existing natural as deemed necessary by on -site investigations performed by a qualified I 2498 and artificial drainage features., soils expert familiar with Yakima County 2499 (E)_ Aboveground utility transmission lines, not including electric transmission lines, soils. Burial depth in all other agricultural and nonagricultural floodway areas shall 2500 shall only be allowed for the transportation of nonhazardous materials where an existing or new be determined on the basis of accepted 2501 bridge or other structure is available and capable of supporting the line. When located on existing engineering practice and in consideration I of soil conditions and the need to avoid conflict with agricultural tillage, 2/1/2008 61 61 i 1 1 D ®C. INDEX 1 # .j -- .. .�-_� City of Yakima 15.27 CAO 2502 I or new bridges or other structures with elevations below the,pne- hundred (100) year flood level, I Deleted: level of the 2503 the transmission line shall be placed on the downstream side and protected from flood debris. In I Deleted: - 2504 such instances, site - specific conditions and flood damage potential shall dictate placement, 2505 design, and protection throughout the floodway. Applicants must demonstrate that such 2506 aboveground lines will have no appreciable effect upon flood depth, velocity, or passage, and 2507 shall be adequately protected from flood damage. If the transmission line is to be buried except 2508 at the waterway crossing, burial specifications shall be determined as in subsection (2)(C) above. 2509 141. ,Construction or reconstruction of residential structures only as authorized in s. Deleted: of this section; 2510 15.27.412(5); Deleted: (F) Aboveground utility 2511 (516C.05.36. 020(3); transmission line appurtenant structures, including valves, pumping stations, or 2512 (4) Improvements to existing residential structures that are not substantial improvements per y other control facilities, shall not be 2513 15.27.294.16C.05.24.260; provided, the improvement complies with the requirement set forth in permitted in the floodway, (G) Where a floodway has 2514 ,15.27.41216C.05.36.020(2). not been determined by preliminary 2515 (5) Water- dependent utilities and other installations, which by their very nature must be in the Corps of Engineers' investigations or official designation, a floodway shall be 2516 floodway. Examples of such uses are: dams for domestic /industrial water supply; wastewater defined by qualified engineering work b 2517 treatment and collection systems; stream crossings or v+etlands, flood control and /or the applicant on the basis of a verified hydroelectric production; water diversion structures and facilities for water su 1 irri ation one - hundred -year flood event; 2518 h Y P � PP Y� g (3) 2519 and/or fisheries enhancement; floodwater and drainage pumping plants and facilities; Deleted: Section ' 2520 hydroelectric generating facilities and appurtenant structures; and structures and nonstructural Deleted: Section 2521 uses and practices; provided, that the applicant shall provide evidence that a floodway location is Deleted: , 2522 necessary in view of the objectives of the proposal, and provided further that the proposal is Deleted: Section - 2523 consistent with other provisions of this chapter; and the (: its ' Shoreline Master Program (YCC 2524 Title 16D). In all instances of locating utilities and other installations in floodway locations, Deleted: s 2525 project design must incorporate floodproofing and otherwise comply with (3)(A)- (F) Deleted: , 2526 above; Deleted: Title 2527 I (2) Dikes, provided that the applicant can provide evidence that: Deleted: Management 2528 (A) Adverse effects upon adjacent properties will not result relative to increased Deleted: subsection (2 2529 floodwater depths and velocities during the base flood or other more frequent flood occurrences, Deleted: 6 2530 (B) Natural drainage ways are minimally affected in that their ability to adequately drain 2531 floodwaters after a flooding event is not impaired, 2532 (C) The proposal has been coordinated through the appropriate diking district where 2533 applicable, and that potential adverse effects upon other affected diking districts have been 2534 documented; 2535 (R,, Roads and bridges, subject to the regulations of ■ (3) (A) -(1-,) above. Deleted: 7) 2536 Deleted: Section 12 2537 15.27.412 2538 16C.05.36.020 Prohibited Uses The following uses /developments are prohibited in the 2539 floodway: 2540 (1) Any structure, including manufactured homes, designed foi; or to be used for human Deleted 2541 habitation of a permanent nature (including temporary dwellings authorized by ∎ * 15.04.100 & 2542 15.04.11W; Deleted: Section 2543 (2) Anv encroachments, including fill, new construction and other development shall requite Deleted: 15.72.060); 2544 certification by a registered professional engineer is provided demonstrating through hydrologic Deleted: All ' 2545 and hydraulic analysis performed in accordance with standard engineering practice that the effect Deleted: unless 2546 of the subject encroachment together with the cumulative effects of all similar potential 2547 encroachments shall not materially cause water to be diverted from the established floodway, 2/1/2008 62 62 1 DOC. 1 INDEX I I Cite of Yakima 15.27 CAO 1 2548 cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or 2549 result in any increase in flood levels during the occurrence of the base flood discharge; 2550 13) Aboveground utility transmission line appurtenant structures, including vah es, pumping I Deleted: I 2551 stations. or other control facilities. shall not be permitted in the floodway, except for domestic 2552 water and regional wastewater facilities where necessary; 2553 (4) Where a floodway has not been determined by preliminary Corps of Engineers' I 2554 investigations or official designation. a floodway shall be defined by qualified engineering work 2555 by the applicant on the basis of a verified one - hundred (100) year flood event: 2556 () Construction or reconstruction of residential structures within designated floodways, 2557 except for_ I 2558 ,(i) Repairs., reconstruction, or improvements to a structure which do not increase the I Deleted: 1 2559 ground floor area; and I Deleted: repairs I 2560 (ii) Repairs., reconstruction or improvements to a structure, the cost of which does not I Deleted: repairs I I 2561 exceed fifty (50) percent of the assessed value of the structure either (A) before the 2562 repair, reconstruction or improvement is started, or (B) if the structure has been damaged 2563 and is being restored, before the damage occurred. 2564 (iii) Work done on structures to correct existing of existing health, sanitary or I 2565 safety codes, or to structures identified as historic places shall not be included in the fifty 2566 (50)percent. 2567 (iv) If subsection (2) of this section is satisfied, all new construction and substantial 2568 improvements shall comply with all applicable flood hazard reduction provisions of Part I 2569 Four. 2570 (6)Chapters 16C.05.20 through 16C.05.72. including those set forth in subsection (5) below; 2571 (4) The construction or storage of any object subject to flotation or movement during flood I 2572 level periods; 2573 I (, The following uses, due to their high degree of incompatibility with the purpose of Deleted: 5) 2574 establishing and maintaining a functional floodway, are specifically prohibited: 2575 (A) The filling of wetlands, except as authorized under Part Five Chapter 16C.06 (Fish _ I 2576 and Wildlife Habitat and the Stream Corrido;and Pan Six Chapter 16C.07 (Wetlands; Delet 2577 (B) Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or Deleted: ) of this title, 2578 materials: and Deleted:. I 2579 (C) Damming or relocation of any watercourse that will result in any downstream — -- 2580 increase in flood levels during the occurrence of the base flood discharge ( See ■ 15.27.509): 2581 (81 The listing of prohibited uses in this section shall not be construed to alter the general Deleted: 2582 rule of statutory construction that any use not permitted is prohibited. )6) I 2583 2584 15.27.413 16C.05.40 NON - CONFORMING USES AND STRUCTURES 2585 Sections: I 2586 16C.05.40.010 Generally 2587 16C.05.40.020 Non - Conforming Uses and Facilities , I Deleted: conforming Uses of Land j 2588 16C.05.40.030 Non - conforming Structures 2589 16C.05.40.040 Improvements I 2590 16C.05.40.050 Restoration 2591 16C.05.060 Discontinuance 2592 2593 160.05.40.010 Generally 1 2nn008 — — — — — 63 63 i 1 1 Li s) 1 DEx 1 Cirs of Yakima 15.27 CAO 2594 (a) Within the special flood hazard areas established by YMC Ch. 15.19Chapters 16C.05.20 2595 through 16C.05.72 or amendments thereto, there may exist structures and uses of land and 2596 structures. which were lawful before these sections were adopted or amended, but which would t Deleted: chapters 2597 be prohibited,pr restricted under the terms of Part Four Hof this c hap terChapters 16C.05.20 I Deleted: regulated_ 2598 through 16C.05.72 or future amendment. 2599 2600 (b) It is the intent of YMC Ch. 15.19 Chapters 16C.05.20 through 16C.05.72 to permit these 2601 lawful pre- existing nonconformities to continue until they are removed by economic forces or 2602 otherwise, but not to encourage their survival except in cases where continuance thereof would 2603 not be contrary to the 2604 public health, safety or welfare, or the spirit of this chapter Deleted: said chapters 2605 1 1 1 1 1 1 1 1 1 1 2/1/2008 64 1 1 DOC. INDEX 1 City of Yakima 15.27 CAO I 2606 (c) To avoid undue hardship, nothing in Chapters 16C.05.20 through 16C.05.72 shall be deemed 2607 to require a change in the plans, construction, or designated use of any building on which actual 2608 construction was lawfully begun prior to June 5, 1985, the date Yakima County enacted I 2609 Ordinance 3 -1985 in order to meet the requirements of the National Flood Insurance Program, 2610 and upon which actual building construction has been diligently carried on namely, actual 2611 construction materials placed in permanent position and fastened in a permanent manner. Where I 2612 demolition or removal of an existing building has been substantially begun preparatory to 2613 rebuilding, such demolition or removal shall be deemed to be actual construction, provided that 2614 work shall be diligently carried on until completion of the building involved. October 1, 1995, 2615 the effective date of the ordinance codified in this title shall be used as it applies to all other I 2616 Critical Areas requirements established under this title by Ordinance 8 -1995. 2617 2618 16C.05.40.020 Non - conforming Uses of Land If, on October 1, 1995, the effective date I 2619 of Chapters 16C.05.20 through 16C.05.72, a lawful use of land not conducted within a building 2620 exists that is made no longer permissible under the terms of said chapters as adopted or amended, 2621 such use may be continued as long as it remains otherwise lawful, subject to the following 2622 provisions: I 2623 (1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a 2624 greater area of the lot of record than that which it occupied at the effective date of adoption or 2625 amendment of Chapters 16C.05.20 through 16C.05.72. 2626 (2) At such time as a structure is erected thereon, the structure and the use of the land shall I 2627 conform to the regulations specified by Chapters 16C.05.20 through 16C.05.72 and YCC Title 2628 15 or 15A. 2629 I 2630 16C.05.40.030 Non - conforming Structures 2631 (a) If, on October 1, 1995, the effective date of Chapters 16C.05.20 through 16C.05.72, a 2632 structure is nonconforming only because the structure is not in conformance with the applicable 2633 elevation and /or floodproofing requirement of said chapters and Chapter 15.68 of YCC Title 15, I 2634 or Chapter 15A.19 of YCC Title 15A provided that the degree of nonconformity shall not be 2635 increased and the applicable elevation and/or floodproofing requirements of this title shall be 2636 observed, any structural alterations or enlargements of an existing structure under such I 2637 conditions shall not increase the degree of nonconformity. 2638 (b) A structure, nonconforming only because the structure is not in conformance with the 2639 applicable elevation and/or floodproofing requirements of Chapters 16C.05.20 through 2640 16C.05.72, destroyed to an extent such that restoration costs would exceed fifty percent of the I 2641 assessed value of the structure immediately prior to such occurrence, shall be considered 2642 completely destroyed and shall be required to meet all applicable requirements of this titles and 2643 YCC Title 15 or 15A upon restoration. 2644 I 2645 16C.05.40.040 Improvements Nothing in Chapters 16C.05.20 through 16C.05.72 shall 2646 be construed to restrict normal structural repair and maintenance activities, including 2647 replacement of walls, fixtures and plumbing, provided that the value of work and materials in I 2648 any twelve -month period does not exceed twenty -five percent of the assessed value of the 2649 structure prior to such work. 2650 2651 16C.05.40.050 Restoration 1 2nrz008 65 65 1 1 1 000 NDE City of Yakima 15.27 CAO 2652 Nothing in Chapters 16C.05.20 through 16C.05.72 shall be deemed to prohibit the restoration of 2653 the structural portions of a nonconforming use within six months from the date of its accidental 2654 damage by fire, explosion, or act of God; provided that the applicable elevation and/or 2655 floodproofing requirements of said chapters shall be adhered to if the structure is destroyed. A 2656 structure shall be considered to be destroyed if the restoration costs exceed fifty percent of the 2657 assessed value. 2658 2659 16C.05.060 Discontinuance 2660 If the nonconforming use is discontinued for a period of twelve consecutive months or more, the 2661 nonconforming status of the use is terminated and any future use of the land or structures shall be 2662 in conformity with the provisions of this title. The mere presence of a structure, equipment, or 2663 material shall not be deemed to constitute the continuance of a nonconforming use unless the 2664 structure, equipment or material is actually being occupied or employed in maintaining such use. 2665 The ownership of property classed as nonconforming may be transferred without that fact alone I 2666 affecting the right to continue such nonconforming use. 2667 2668 16C.05.44 FLOOD HAZARD PROTECTION ADMINISTRATION 2669 _ Deleted: sections: 2670 15.27.414 16C.05.44.010 Administration { Deleted: The building official 2671 16C.05.44.020 Authority 2672 16C.05.44.030 Permit — Required 2673 16C.05.44.040 Permit — Application 2674 16C.05.44.050 Permit — Review 2675 16C.05.44.060 Use of Available Data 2676 16C.05.44.070 Limitations 2677 16C.05.44.080 Permit — Expiration & Cancellation 2678 2679 16C.05.44.010 Administration 2680 The Chief Building Official is vested with the duty of administering the rules and regulations 2681 relating to flood hazard protection in accordance with the provisions of Part FourChapters 2682 16C.05.20 through 16C.05.72 and may prepare and require the use of such forms as are essential 2683 to such administration. 2684 2685 15.27.415 16C.05.44.020 Authority 2686 Upon application, the,Chief Building Official shall have the authority to grant a flood hazard ___ { Deleted: building official 2687 permit when compliance with the applicable conditions as set forth in Part Four of this 2688 chapterChapters 16C.05.20 through 16C.05.72 and in other applicable local, state and federal 2689 regulations has been demonstrated and the proposal is found to be consistent with the purpose of 2690 the policies of the Critical Areas Ordinance. 2691 2692 15.27.41616C.05.44.030 Permit Required Deleted: - 2693 Prior to any development within a special flood hazard area a flood hazard permit shall be 2694 obtained. This permit may be in addition to the critical area development authorization as set 2695 forth in Part Three. Chapter 16C.03 of this title. 2696 15.27.417 2697 16C.05.44.040 Permit — Application 2/1/2008 66 66 1 1 nOC, 1 INDEX j -- - 1 City of Yakima 15.27 CAO I 2698 All persons applying for a flood hazard permit shall submit a written application, accompanied 2699 by an application fee as specified in YCC Title 11 using the forms supplied. The application Deleted: 20 2700 shall not be considered complete until the following minimum information is provided as I 2701 identified belut■ and in Y1\ 15.11.050: 2702 (1) Name, address and telephone number of applicant;, and property owner it different; Deleted: ; 2703 (21. Project description and taxation parcel identification number; (z) Name, address 2704 (2).) Name of the stream or body of water associated with the floodplain in which the telephone number of 2705 development is proposed; Deleted: ; 2706 O Site plan map ira n to an .nwneerin_ ;tale showing: (3) 2707 (A) Actual dimensions and shape of the parcel to be built on; Deleted: 4 2708 (B) Sizes and location of existing structures on the parcel proposed 5 2709 (C) Location and dimensions of the proposed development, structure or alteration- Deleted: , i 2710 , (D) Location, volume and type of any proposed fill; Deleted: to the nearest foot, _ 2711 (E) The application shall include other information as may be required by the I Deleted: , I 2712 Administrati\ e Otficiai ,to clarify the application, for the enforcement of Part Four of thus Deleted:, ; • 2713 chapter :Chapters 16C.05.20 through 160.05.72; Deleted: such 2714 (6) Information required by other sections of Chapters 16C.05.20 through 16C.05.72. Deleted. administrative official, I 2715 - -_ -- ,_--- -_ - - -, permit applications will be proposed: , including existing or 2716 15.27.41816C.05.44.050 Permit — Review Flood hazard P PP proposed building or alteration, existing 2717 reviewed to determine: or proposed uses of the building and land, and number of families, housekeeping 2718 (1) The elevation and floodprootine, requirements of Part Four of this chapter: units or rental units the building is 2719 (2) The proposed development's location in relation to the floodway and any encroachments designed to accommodate, conditions existing on the lot, and such other matters 2720 § 15.27.412(2); as may be necessary to detennine 2721 (3) Alteration or relocation of a watercourse 15.27.407(d): confonnance with, and provide I 2722 t4) That the floodproofmg requirements and other provisions of Chapters 16C.05.20 through 2723 16C.05.72 have been satisfied; 2724 (2) If the proposed development is located in the floodway, the floodway encroachment 2725 provisions of Section 16C.05.36.020(2) are met; I 2726 (3) If the proposed development includes the alteration or relocation of a watercourse, the 2727 provisions of Section 16C.05.28.010(d) are met; 2728 (4) That the proposed development is g,permitted use under fart Four of this Deleted: ause 2729 chapterChapters 16C.05.20 through 16C.05.72 and YCC Title 15,; Deleted: or l5A I 2730 (5) That all necessary permits have been obtained from those federal, state or local 2731 governmental agencies from which prior approval is required. 2732 I 2733 15.27.41916C.05.44.060 Use of Available Data 2734 When base flood elevation data has not been provided in accordance with :: 2735 15.27.40016C.05.20.010, Flood hazard areas established, the � /t1\ shall obtain, review, and Deleted: Section 2736 reasonably utilize any base flood elevation and floodway data available from a federal, state or Deleted: county I 2737 other source, in order to administer T I 5.27.40S16C.05.28. Specific " tau,lar(i,. Deposed: Section 2738 15.27.3l2standards, and 16C.05.36.020, Floodway Prohibited Uses, and - 1 2_ 5 \ i■latii . uul Deleted: , 2739 16C.04 (Enforcement and Administratioly Deleted: Chapter ' 2740 Deleted: Penalties) 2741 1 15.27.42016C.05.44.070 Limitations I 2 /1/2008 67 67 1 1 1 DOC. INDEX Cit- of Yakima 15.27 CAO 2742 1 Permits issued based on,plans and applications approved by the Administrative Official Authorize I Deleted: the basis of 2743 only the use, arrangement and construction set forth in such approved plans and applications, and I De leted: administrative official 2744 no other use, arrangement or construction. Use arrangement or construction at variance with 2745 that authorized is a violation of Part FourChapters 16C.05.20 through 16C.05.72 and punishable 2746 as provided by 15.25 Violations and byl6C.04 (Enforcement and Administration, I Deleted: Penalties) —' 2747 2748 15.27.42116C.05.44.080 Permit - Expiration & Cancellation 2749 If the work described m any permit has not begun within one hundred eighty (180) days from the 2750 date of issuance thereof, the permit shall expire and be canceled by the,building official. I Deleted: chief 2751 2752 15.27.422 2753 16C.05.44.090 Performance bonds, -- Deleted; . 2754 (a)The City may require bonds in such form and amounts as may be deemed necessary to assure i Deleted: county 2755 that the work shall be completed in accordance with approvals under Part Four. Chapters 2756 16C.05.20 through 16C.05.72. Bonds, if required, shall be furnished by the property owner, or 2757 other person or agent in control of the property. 2758 (b)In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the 2759 C it■ in an amount equal to that which would be required in the surety bond. i Deleted: department 2760 2761 15.2 7.423 16C.05.44.100 Appeals 2762 The decision to grant, grant with conditions, or deny a flood hazard permit shall be final and 2763 conclusive unless the applicant appeals the decision pursuant to the procedure established for 2764 appeals in Part ThreeChapter 16C.03. 2765 2766 15.27.424 2767 16C.05.44.110 Coordination 2768 Upon application, the,Chief Building Official shall have the authori ty to grant a flood hazard -- { Deleted: building official 2769 permit when compliance with the applicable conditions as set forth in Part Four of this 2770 chaptelChapter 16C.05.20 through 16C.05.72 and in other applicable local, state and federal 2771 regulations has been demonstrated and the proposal is found to be consistent with the purpose of 2772 this chapter,. Deleted: title 2773 2774 16C.05.48 ELEVATION AND FLOODPROOFING CERTIFICATION 2775 , I Deleted: Sections: 2776 15.27.42516C.05.48.010 Applicability - - 2777 16C.05.48.020 Certification forFonn 2778 16C.05.48.030 Information to be obtained and maintained 2779 16C.05.48.040 Certification Responsibility 2780 2781 16C.05.48.010 Applicability 2 /1/2008 - 68 68 1 1 DOC 1 INDEX I City of Yakima 15.27 CAO I 2782 Certification shall be provided to verify that the minimum floodproofmg and elevation of 2783 floodprofingstandards of Chapter 16C.05.28 have been satisfied. Certification shall be required 2784 only for the new construction or substantial improvement of any residential, commercial, _ I 2785 industrial, or nonresidential structure located in a special flood hazard area except that ' Deleted: . 1 2786 agricultural and certain accessory structures constructed in accordance with the standards of 2787 Section 16C.05.28.020(3) shall not require certification. Such structures are still subject to I 2788 elevation or floodproofing certification for flood insurance purposes. 2789 2790 15.27.42616C.05.48.020 Certification Form 2791 The form of the elevation and floodproofing certificate shall be specified by the adnunistrati\ I 2792 official Chief Building Official and shall be generally consistent with that required by FEMA for 2793 the administration of the National Flood Insurance Program., Deleted: ). 2794 I 2795 I 15.27.42716C.05.48.030 Information to be obtained and maintained 2796 The elevation and floodproofing certificate shall verify the following flood hazard protection 2797 information: 2798 (1) The actual elevation (in relation to mean sea level) of the lowest floor (including I 2799 basement) of all new or substantially improved structures, and whether or not the structure 2800 contains a basement; 2801 2802 _ x (2) The actual elevation,in relation it mean sea level, of flood - proofing of all new or Deleted: 2803 substantially improved non- residentiai flood proofed structures. Deleted: ) 2804 Deleted: ( 2805 (3) Where a base flood elevation has not been established according to Deleted: to I 2806 15?7.40016C.05.20.010. or where elevation data is not available either through the Flood = Deleted: ) 2807 Insurance Study. FIRM, or from another authoritative source. applications for building permits Deleted:. and that the floodproofing 2808 shall be reviewed to assure that proposed construction will be re asonuhh' Rai: from flooding. The measures utilized below the base flood 2809 test of reasonableness is a local judgment and includes use of historical data. high water marks, elevation render the structure watertight, I with walls substantially impermeable enneable to 2810 photographs of past flooding, etc., where available. the passage of water; 2811 Deleted: Section 2812 15.27.42816C.05.48.040 Certification Responsibility Deleted: , obtain and record the actual I 2813 The project proponent shall be responsible for providing required certification data to the elevation (in relation to mean sea level) 2814 administrative offcialChiefBuilding Official prior to the applicable construction inspection of the lowest floor (including basement) as related to the highest adjacent grade, 2815 specified in the certification form. All elevation and floodproofing data specified in and whether or nor the structure contains 2816 1 5.2 7.4 2 7160.05.48.030 must be obtained and certified by a registered professional engineer, a basement.¶ 2817 architect, orsurveyor. The administrati5 c official ,lull permanently inl_uniain ilk- .'Icy �uion ,I,Is Deleted: section 2818 floodproofing certification, Deleted: The elevation and 2819 floodproofmg certification shall be 2820 FLOOD HAZARD Deleted: maintained by the chief I building official 2821 16C.05.52 VARIANCES 2822 , Deleted: Sections: 2823 15.27.42916C.05.52.010 Procedure, - { Deleted: I 2824 16C.05.52.020 Variance limitations 2825 16C.05.52.030 Conditions for Authorization 2826 16C.05.52.040 Administrative Official's Decision 1 2827 16C.05.52.050 Notification and Final Decision 2/1/2008 69 69 1 1 I INDEX J - I i 1 Citti of Yakima 15.27 CAO 2828 16C.05.52.060 Power to Refer Decisions 2829 160.05.52.070 Appeals 2830 2831 16C.05.52.010 Procedure 2832 Any person seeking a variance from the requirements of Part FourChapters 16C.05.20 through _ 2833 16C.05.72 authorized under ∎ ,15.27.43016C.05.52.020 shall make such request in writing to the I Deleted: Section 2834 planning department on the forms they supply. Upon receipt of a completed application and I Deleted: supplied by the department. 2835 application fee for the variance, a notice of the variance request shall be forwarded to all 2836 landowners of adjacent property within twenty eight (28) days of the receipt of a completed 2837 application and payment of fees.,The notice shall solicit written comment on the variance Deleted: fee. 2838 request and specify a time period not Less than twenty (20), days from the date of mailing, during Deleted: ten 2839 which written comments may be received and considered. The notice shall also state that copies 2840 of the administrative official's final decision will be mailed upon request. The administrative 2841 official may also solicit comments from any other person or public agency he or she feels may be 2842 affected by the proposal. 2843 2844 15.27.43016C.05.52.020 Variance limitations 2845 (a) Variances shall be limited solely to the consideration of: 2846 2847 (1) Elevation requirements for lowest floor construction; 2848 (2) Elevation requirements for floodproofing; and 2849 (3) The type and extent of floodproofing. 2850 (b) Variances shall not be considered for any procedural or informational requirements or use 2851 I prohibitions of Part FourChapters 16C.05.20 through 16C.05.72. 2852 2853 15.27.43116C.05.52.030 Conditions for Authorization �eleted: 2854 Before a variance to the provisions of Part FourChapters 16C.05.20 through 16C.05.72 may be 2855 authorized, it shall be shown that: 2856 (1) There are special circumstances applicable to the subject property or to the intended use, 2857 such as size, topography, location or surroundings, that do not apply generally to other property 2858 1 in the same vicinity and zone; Deleted: and 2859 (2) The granting of such variance will not be materially detrimental to the public welfare or 2860 injurious to the property or improvements in the vicinity and zone in which the subject property 2861 is located; Deleted: and 2862 (3) Such a variance is the minimum necessary, considering the flood hazard, to afford relief; Deleted: and 2863 (4) Failure to grant the variance would result in exceptional hardship to the applicant; and 2864 (5) The granting of such a variance will not result in: 2865 (A) Increased flood heights; Deleted: 2866 (B) Additional threats to public safety,. Deleted: , 2867 (C) Creation of nuisances; Deletes 2 • 868 (D) Extraordinary public expense: or, Deleted: 2869 (E) Conflicts with other existing local laws or ordinances. 2870 2871 1 15.27.43216C.05.52.040 Administrative Official's Decision 2872 After considering any comments received from other agencies, jurisdictions or adjoining 2873 property owners, the administrative official shall approve, approve with conditions, or deny the 2nrz008 70 70 - 1 1 DOC. INDEY 1 City of Yakima 15.27 CAO 1 2874 I variance request. The administrative official shall prepare written findings and conclusions 2875 stating the specific reasons upon which the decision is based. 2876 I 2877 15.27.43316C.05.52.050 Notification and Final Decision 2878 The decision shall be issued within seven ( 7) days from the end of the comment period. Further, 2879 the administrative official shall mail the findings and decision to the applicant and to other 2880 parties of record requesting a copy. I 2881 2882 15.27.43416C.05.52.060 Power to Refer Decisions 2883 In exercising the duties and powers of implementing and administrating Part Four of this 1 2884 chapierChapters 16C.05.20 through 16C.05.72, the administrative official may refer any variance 2885 application to the hearing examiner for action at a public hearing. 2886 2887 15.27.43516C.05.52.070 Appeals 1 2888 Any decision by the administrative official to approve or deny a variance request may be 2889 appealed subject to the procedures set forth in l NI Ch. 15 16. Section16C.03.13 (Development 2890 Authorization — Review Procedure). I 2891 2892 15.27.436 Federal Flood Hazard16C.05.72 Map Correction Procedures 2893 Sections: 2894 16C.05.72 Map Correction Procedures 1 2895 16C.05.72.010 Federal flood hazard map correction procedures. The procedures for federal 2896 flood hazard map correction, as provided in federal regulations 44 ( FR 70 Section 70 CFR of 2897 the National Insurance Program are hereby adopted by reference. ii 1 2898 1 1 1 1 1 1 2/1/2008 71 71 1 1 1 DOS. INDEX CitN of Yakima 15.27 CAO 1 2899 CHAPTER 15.27 2900 PART FIFE 1 1 1 1 1 1 1 1 1 1 1 1 2/1/2008 72 1 72 1 1 DOC 1 INDEX City of Yakima 15.27 CAO I 2901 Chapter 16C.06 2902 FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR SYSTEM 2903 Sections Defined: 1 2904 Introduction 2905 15.27.50016C.06.01 Purpose and Intent 2906 15.27.501160.06.02 Protection Approach 2907 I 2908 Designation and Mapping 2909 15.27.50216C.06.03 Hydrologically Related Critical Area Features 2910 15 27.503 16C.06.04 Upland Wildlife Habitat and Habitats of Local Importance 1 2911 15.27.50416C.06.05 Functional Properties 2912 15.27.50516C.06.06 Stream, Lake and Pond Typing System 2913 15.27.50616C.06.07 Wetland Rating System 2914 15.27.50716C.06.08 Maps I 2915 16C.06.09 Upland Wildlife Habitat and Habitats of Local Importance Development 2916 Standards 2917 General Development Standards I 2918 15.27.50816C.06.10 Prohibited Uses 2919 15.27.50916C.06.11 General Policies and Standards 2920 2921 Water Dependency Development Standards and Buffer Requirements I 2922 15.27.51016C.06.12 Use Classifications 2923 15.27.511160.06.13 Water-dependent Uses 2924 15.27.51216C.06.14 Water-related Uses I 2925 15.27.51316C.06.15 Non -water Oriented Uses 2926 15.27.51416C.06.16 Vegetative Buffers 2927 2928 Land Modification Development Standards 2929 15.27.51516C.06.17 Roads, Railroads and Parking 2930 15.27.51616C.06.18 Utility Transmission Lines 2931 15.27.51716C.06.19 Shore Stabilization 2932 15.27.51816C.06.20 Dredging and Excavation I 2933 15.27.51916C.06.21 Filling 2934 15.27.52016C.06.22 Commercial Mining of Gravels 2935 15.27.52116C.06.23 Reclamation 1 1 1 1 2i1/2008 — — — — — — — — 73 73 1 1 1 DOt✓. INDEX City of Yakima 15.27 CAO 1 2936 Deleted: 1 2937 15.27.500160.06.01 Purpose and Intent i ( 2938 1) yhe stream corridor system includes hydrologically related critical areas, streams, lakes, { Deleted: , 2939 ponds, and wetlands, and part of a fragile and highly complex relationship of geology, soils, ( Deleted: are 1 2940 water, vegetation, and wildlife. Policies, and standards to help conserve anctprotect are ( Deleted: , 2941 designed to accomplish the following: I Deleted: the purpose of this chapter is 2942 (1) Meet the requirements of the Growth Management Act (RCW 36.70A.172) to establish guidelines, policies, 2943 re, =aiding best available science: Deleted: , 2944 (2) Follow the requirements pursuant to the Flood- Resistant Construction in the . . _ Deleted: , and, where feasible, restore 2945 adopted Building Code. and enhance this complex relationship. 2946 a) (3) Pro% ide a zero net loss of natural wetland functions and values, These regulations have been 2947 b) (4) Provide possible Meet eligibility requirements of the National Flood Insurance Deleted: to protect the 2948 Program (NF1P). Deleted: of fish and wildlife habitat, wetlands, stream undercutting geologic 2949 2) The guidelines, policies, and standards of this chapter are intended to: hazards and frequently flooded areas; an 2950 a) Provide alternatives for necessary development, construction, and uses within a to give special consideration to 2951 designated stream corridor and other hydrologically related critical areas; anadromous fish; - - 2952 b) (5) Prevent decline, in the quantity and quality of surface and subsurface waters; Deleted: further degradation j 2953 c) (6) Conserve, restore, and protect,fish and wildlife habitats, vegetation, and Deleted: sensitive or unique 2954 ecological relationships; Deleted: public and private properties from adverse effects of improper 2955 d) (7) Protect areas of the stream corridor from the potential negatt' e effects of development within hazardous or 2956 development; Deleted: Provide a zero net loss of 2957 e) (8) Through ,voluntary agreements or government incentives. provide protection of natural wetlands functions and values together with, a gain of wetlands in the 2958 natural wetland functions and %slues.; long tenn, if reasonably possible through 2959 f) (9) Establish measures to protect streams, lakes, ponds, and wetlands; l Deleted: that, based on WAC 365 -190- 2960 g) Recognize,wildlife areaz conservation,habitats within their natural geographic location 1 080( (Fish and Wildlife Habitat 2961 through,coordinated land use planning. is critically important; conservation Areas) ^ — 2962 Deleted: habitat 2963 h) 15.27.501 Emphasize that these provisions do not attempt to protect individuals of Deleted: means land management for maintaining species in suitable 2964 species. Rather, these provisions are intended to provide protection for wildlife habitats. = , 2965 Deleted: distribution so that isolated subpopulations are not created. This does 2966 16C.06.02 Protection Approach not mean maintaining all individuals of 2967 1) To maintain,fish and wildlife habitat $here must be adequate environmental conditions for all species at all times, but it do F1zf 2968 reproduction, foraging, resting, cover, and dispersal of animals, Deleted: viable populations of 2969 1) Factors, affecting both habitat and its quality include$he presence of essential resources such Deleted: species, 2970 as food, water, nest building materials, And lac i of diseases. The C itv, of Yakima protects, Deleted: at a variety of scales wpm 2971 fish and wildlife habitat through Deleted: fragmentation. 2972 a. Protection of,habitat for aquatic species; and. Deleted: the complexity oftheIEE_ 2973 a) Protection of habitat for species located near the,water, Deleted: the presence or absence 2974 b) The City of Yakima's approach to Protect habitat for riparian (near - water) species Deleted: predator species and 2975 through stream, lake, pond, and wetland standards and buffer requirements; 1 2976 c) Protect habitat for upland species using the upland wildlife habitat protection measures Deleted: As a method 2977 described below. Deleted: linking large habitat 4 r15] ) 2978 2) Yakima County has a very high proportion of federal, state and other publicly and tribally Deleted: County accomplishes 2979 owned land, including State Natural Area Preserves and Natural Resource Conservation Deleted: protection in 3 parts 1 2980 Areas. These lands are managed to some extent for the conservation of wildlife habitat. Deleted: Protect Deleted: tin - Deleted: ) species through sne .. 16 2/1/2008 74 74 1 1 Di,(.. 1 INDEX J 1 City of Yakima 15.27 CAO 1 1 2981 Consequently, one of Yakima County's approaches to protecting all wildlife habitat types is 2982 to rely on the management of these lands by the responsible entity. 2983 3) To accomplish upland wildlife protection on private lands, Yakima County performed an I 2984 assessment to map wildlife habitat. Only a small percentage of the mapped area is within 2985 private ownership and that is largely in remote areas of forest and rangeland. Consequently, 2986 part of Yakima County's approach to protect upland wildlife on private land is to rely on the ' 2987 large lot/low density provisions of the Remote (40 acre minimum), Forest (80 acre minimum) 2988 and Agriculture (40 acre minimum) zoning districts. 2989 4) Corridors for wildlife to move between large habitat areas are a component of wildlife 2990 habitat. Riparian corridors offer a natural system of linkages between such areas. In semi- ! 2991 arid regions such as Yakima County, riparian corridors not only offer migratory linkages 2992 between large habitat areas but also offer important refuge and habitat for numerous species 2993 that rely on the riparian areas for their existence. Consequently, Yakima County's approach I 2994 to protect wildlife migration corridors and riparian habitat is to rely on the protection 2995 measures for stream corridors, wetlands, and Shoreline jurisdiction, where applicable. — Deleted: difficult to use due to j 2996 5) Yakima County's approach to protecting aquatic habitat is to rely on the protection standards Deleted: difficulties in obtaining 2997 for stream corridors, wetlands, and Shoreline jurisdiction (where applicable). accurate maps of habitat for the different 2998 6) The state gives some discretion to local governments in designating fish and wildlife habitat. species. In ad 2999 WAC 365- 190- 080(5)(a) (fish and wildlife habitat designation) addition, such species are ation) identifies six non -marine protected by ditto federal and state laws which are administered by other agencies. 3000 habitat types from which to choose in designating fish and wildlife habitat, but does not Yakima County's approach to protecting Threatened, Endangered, and Sensitive I 3001 require the use of all listed habitat types: Five habitat types are protected using the Species Habitat is to do so indirectly, 3002 approaches described above. The remaining habitat type - Threatened, Endangered, and using each of the above listed 3003 Sensitive Species Habitat is b\ using,,theprotection approach sections of this chaplet. Deleted: items. Direct protection 3004 measures are deferred to the relevant state or federal agency with jurisdiction over 1 3005 Designation and Mapping the different species. Yakima County 3006 15.27.502 will consider comments and advice related to a species from such agencies in 3007 16C.06.03 Hydrologically Related Critical Area Features the course of normal development review 3008 Stream corridors And other hydrologically related critical areas include one ( nor more of the processes I 3009 following features: Deleted: The stream corridor 3010 1) Any floodway floodplain identified as a special flood hazard area identified by the Federal Deleted: and 3011 Emergency Management Agency (FEMA) as identifectin the Flood Insurance study or Deleted:. Special flood hazard areas I 3012 corresponding maps, is hereby adopted by reference and declared to be,part of this I are those 3013 chaptertitle as set forth in Chapters 16C.05.20 through 16C.05.72; I Deleted: Insurance Administration 1 3014 (1) Perennial and intermittent streams, excluding ephemeral streams, including the stream ' Deleted: Study for Yakima County which, together with accompanying 3015 main channel and all secondary channels within the ordinary high water mark. Flood Insurance Maps 1 3016 2) Ordinary High Water Mark; Deleted: a 3017 3) Naturally occurring ponds under twenty (20) acres and associated,submerged aquatic beds; Deleted: their 3018 and man -made lakes and ponds created within a stream channel,designated under (2) above~ f — 3019 4) All wetlands as defined in Deleted: i I 9, , that meet the definition found in Section Deleted: Where specifically cited, any 3020 16C.02.425, as required by WAC 365- 190 - 080(1), and as designated in section 16C.07.02(1) 3021 of the wetland chapter~ Deleted: not included in a designated floodway and floodplain but 3022 (2) Any ;flood -prone area,indicated,by U.S. Soil Conservation Service soil survey data: and Deleted: as flood -prone 3023 5) or geologic evidence developed through professional geologists or engineers; 3024 6) A buffer area fps,a stream channel, lake, or pond or from the edge of a wetland designated in ' Deleted: extending on a horizontal 3025 this section according to the distances set forth in Section 16C.06.16 (Vegetative Buffers), I of e from the ordinary high water mark 3026 ' Deleted: , designated in this section Deleted: 2/1/2008 75 75 - -- 1 1 1 [CMG. INDEY 1 ! J-1 City of Yakima 15.27 CAO 1 3027 15.27.503 1 3028 16C.06.04 Upland Wildlife Habitat and Habitats of Local Importance, I Deleted: 3029 1) State Natural Area Preserves and Natural Resource Conservation Areas shall be designated 3030 Upland Wildlife Habitat. 3031 2) Species and Habitats of Local Importance,are habitats or species that due to their declining i Deleted:. These 3032 population, sensitivity to habitat manipulation or other values make them important on a 3033 local level. Habitats of Local Importance may include a seasonal range or habitat element 3034 with which a given species has a primary association, and which, if altered, may reduce the 3035 likelihood that the species will maintain and reproduce over the long term. 3036 3037 a) Species and Habitats of Local Importance may be identified for protection under this 3038 1 chapter; State or local agencies, individuals or organizations may identify and nominate Deleted: title 3039 for consideration specific species and habitats, or a general habitat type, including 3040 streams, ponds or other features. Proponents shall have the burden of presenting 3041 evidence concerning the criteria set forth below. The nomination shall be processed once III 3042 I a year through the annual Comprehensive Plan, amendment cycle. I Deleted: 2015 3043 b) The decision for changes to species and habitats of local importance shallshould consider: 3044 i) Concern due to population status; 3045 ii) Sensitivity to habitat manipulation; 3046 i. Importance to the local community„ and •- { Formatted: Bullets and Numbering 3047 ii. Criteria used to identify state Priority Species. which includes: I Deleted:, 3048 iii) State Candidate Species that are defined by WDFW Polio M -6001 to include fish 3049 and wildlife species that WDFW will review for possible listing as State Endnaged. 3050 Threatened.,or Sensiti%e; I Deleted: i 1 3051 1. Vulnerable Acgregations, which includes those species or groups t- { Formatted: Bullets and Numbering - 3052 of animals susceptible to significant population declines, within a 3053 specific area. by virtue of their inclination to aggregate: 3054 2. Species of Recreational. Commercial. and'or Tribal Importance 3055 that are Vulnerable: and 3056 iv) The Economiceconomic impact both positive and negative to the applicants property 3057 or surrounding property. Economic impactimpacts are to be determined by a properly 3058 qualified individual or firm using industry standards. 3059 c) Nominated habitats, and habitats for species of local importance shall consider the 3060 following, and must include maps to illustrate the proposal: 3061 i) A seasonal range or habitat element which, if altered, may reduce the likelihood that 3062 the species will maintain or reproduce over the long term; 3063 ii) Areas of high relative density or species richness, breeding habitat, winter range, and 3064 movement corridors; 3065 I iii) Habitat with limited availability or high vulnerability to alteration; and 3066 iv) Whether these habitats are already identified and protected under the provisions of 3067 this or other local, ordinances or state or federal law. Deleted: county 3068 d) Habitat management recomendations shall be included for use in the administration of 3069 this section,. 1 Deleted: chapter 3070 3071 2. De. elopment Standards. Projects located within a Habitats of Local Importance. as 3072 designated in subsection (11 above shall meet the standards below, rather than the 2/1/2008 76 I 76 1 1 DOG. 1 INDEX ___ � L - ! _ _-- 1 I 1 City of Yakima 15.27 CAO I 3073 development standards in ■ 15.27.508 – 521, unless review is also needed for a Deleted: 3074 Hydrologically Related Critical Area. Deleted: and �I 3075 a. Projects shall be designated using management recommendations established for Deleted: , I 3076 the species or habitat by federal and state agencies, or those adopted for Species f Deleted: a) 3077 and Habitats of Local Importance by the City of Yakima. The department shall 't Deleted: b) 3078 consider the extent such recommendations are used in its decision on the (i Deleted: through I 3079 proposal. and may consider recommendations and advice from agencies with — — 3080 expertise. j I D e l ete d : cover 3081 , (Deleted: c) 3082 15.27.504 '[ Deleted: d) 3083 16C.06.05 Functional Properties, , ; Deleted: e) 3084 i 1) Streams, lakes„ ,ponds and wetl u re uire a sfficent ) _ k q _- e _ri area to support one (I) or - , I 1 4 Deleted: f) 3085 more of the following functional properties: I Deleted: 3086 a) ,„Stream bank and shore stabilization; ;: , ( Deleted, g) 3087 b) providing a sufficient shade canopy�o maintain water temperatures that suppoltsat ; ; I Deleted: generally support 3088 optimum levels and to support fish and their habitat; Deleted: Bio 3089 c) Moderating the impact of stormwater and meltwater runoff; Deleted: (see lakes, ponds and wetland I 3090 d) Filtering solids, nutrients, and harmful substances; functions below); 3091 e) „Surface erosion,prevention; Deleted: creation 3092 f) providing and maintaining migratory corridors for wildlife Deleted: a dynamic 3093 g) „Supporting a diversity of wildlife habitat; - I Deleted: mosaic; _ 3094 h) h) Allowing for the natural occurrence ofProviding floodplain functions noted below 3095 i) Contributing woody debris and organic matter to collect in the Deleted: < # >Food web and habitat g Y g aquatic environment;. functions¶ 3096 j) Providing altered climatic conditions different from upland areas. Deleted: , sometimes to a greater or I 3097 2) Stream channels assist i 1l one (1) or more of the following functional properties: lesser degree. wetlands are often located 3098 a) Groundwater recharge and/or discharge; along the margins of lakes 3099 b) Water transport; Deleted: and ponds, which often ,nixes the functions between the two. Lakes, 3100 c) Sediment transport and/or storage; ponds and wetlands I 3101 d) Biochemica, function Deleted: 3102 a) Channel migration and the protection of habitats: i Deleted: ,hich are related to trapping 3103 e) Food and, habitat,, and transforming chemicals and include 3104 3) ,Lakes, ponds and wetlands generally provide similar functionk an4 generally provide one functions I 3105 or more of the following functional properties; Deleted: in the watershed sae ...1 3106 a) Biogeochemical function, that improve water quality,; Deleted: , which are related to 3107 b) Hydrologic functions, maintaining the water regime in a watershedjf1ood flow Deleted: , such as: I 3108 attenuation, decreasing erosion, and groundwater recharge); I Deleted: web 3109 c) Food,and,habitat Deleted: fish and wildlife 3110 4) Floodplains generally provide one ( or more of the following functional properties: Deleted: functions, which inc 18 3111 a) Floodwater storage: Deleted: and I 1 3112 a) Floodvk atei passage _,ndjhe movement of high velocity ,waters; I Deleted: , including 3113 b) Sediment storage and recruitment; 3114 I c) Food,and habitat; Deleted: flood 3115 d) Nutrient sink and/or source; Deleted: web 3116 e) Groundwater recharge and, discharge. Deleted: functions 3117 5) Habitat for \\ i Idlife consists of the arrangement of food, water, cover, and space, Wildlife Deleted: /or 3118 habitat generally includes one (1) or more of the following functional properties: Deleted: Wildlife habitat 1 1 Deleted: required to meet the 1... Ilgl ) 2/1/2008 77 77 1 1 1 DOC iNDEX 1 ! 2 -/ City of Yakima 15.27 CAO 3119 I a) Reproduction and/or nesting; I 3120 b) Resting and refuge; 3121 c) Foraging for food; 3122 d) Dispersal and migration., I Deleted: 3123 6) Some functions, require larger areas, which may not be achievable due to existing I Deleted: , as, for example, supporting 3124 development and construction constraints. especially in urban areas.,In these instances, diversity of wildlife habitat, 3125 adjustments to the minimum standards to accommodate such constraints may be necessary. I Deleted:. ' 3126 _ , --intents may be necessary, reductions,of standards should be offset by Deleted: However, areduction of 3127 enhancement, restoration, or preservation measures which replace the lost functions or \ al u standards impairs the hydrologically related critical area's ability to support 3128 or strengthen other functional val ues,if replacement,is not possible. some functional properties. Reductions 3129 Deleted: properties 3130 15.27.505 Streams, Lakes16C.06.06 Stream, Lake and Ponds Typing System, Deleted: of the lost functions 3131 For purposes of this chapter, the City o4Yakima,hereby adopts a stream, lake and pond yping Deleted: 1 3132 system, for those features designated as critical areas in § 15?7.502section 16C.06.03 Deleted: title, 3133 (Hydrologically Related Critical Area Features), as follows: 3134 1) m ,Type 1 streams, are those water;, within their ordinary hi h water mark OHWM meetin Deleted: Count - n » u ry g » )� g D e l e t e d : 3135 the criteria as shorelines of the state" and "shorelines of statewide significance" under RCW 3136 Ch,90.58, Waters associated with T\ pe 1 streams as defined in RCW Ch. 90.58 are not 'L Deleted: (1) --- 3137 included.Type 1 streams and lakes are protected by the Shoreline Mater Program (YCC Title ' Deleted: , lakes and ponds 3138 16D), rather than the CAO; Deleted: 3139 2) 1'ype 2 streams, are those,surface water features which require protection due to the nature of Deleted: apter 3140 their contributions to the functional properties listed in a 15.2 7.504Section 16C.06.05,and are Deleted: , but not including those 3141 considered "Streams, Lakes and /or Ponds of Local Importance_; as listed in Appendix A of waters' associated wetlands as defmed in RCW Chapter 90.58. The current list of 3142 this title. Habitats of local importance are designated using the process listed in section Shoreline waters, along with their 3143 16C.06.04 (Upland Wildlife Habitat and Habitats of Local Importance); specific shoreline environments are provided in Appendix B and C of the 3144 3) ,Type 3 streams include all perennial streams within the City of Yakima,pot classified as Shoreline Master Program. 3145 Type 1 or 2. (See :. _ ._75 definition for perennial stream).; Deleted: (2) 3146 4) (4) Type 4 streams are all intermittent streams within the Cit\ of Yakimapot classified Deleted: , lakes and ponds ' 3147 as Type 1, 2 or 3. (See 15.27 258 defnilion for intermittent stream); ( Deleted: 3148 5) hype 5 streams are all ephemeral streams within the City of Yakimatot classified as Type 3149 1, 2, 3 or 4. Type 5 streams are not regulated as streams. (See 15.27.236 definition for `', f Deleted: '• '' I D eleted: ", 3150 ephemeral stream); ___ -- -__ - - - I 3151 (6) Lakes and Ponds ., f Deleted :. 3152 6) a). Lakes and ponds not designated as a shoreline that receive water from the t Deleted: (3) 3153 OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as the highest I Deleted: County _ 1 3154 stream type from which the lake or pond receives water.associated with it. Lakes or ponds ,I Deleted: County 3155 not designated as a shoreline that are connected to a Type 1 stream shall be Type 3 ponds; 'f Deleted: (5) 3156 7) b). Natural lakes and ponds, not designated as a shoreline, that do not receive water Deleted: County 1 3157 from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds. 3158 c). Lakes or ponds not designated as a shoreline that are connected to a Type 1 3159 stream shall be Type 1 ponds. 3160 3161 15.27.50616C.06.07 Wetland Rating System 3162 Wetlands within the City of Yakima,are defined in a 15 27.299Section 16C.02.425 and are I Deleted: County _ _ 3163 shown on the data maps referenced in 5 15.27.507 Section 16C.06.08 (Maps). Most, but not all, _ _ _ _ _ _ 3164 of the wetlands within the City of Yakimapccur near streams. The functional properties for I Deleted: County 2/1/2008 78 78 1 1 DOC. ! 1 N )E 1 Cite of Yakima 15.27 CAO I 3165 wetlands are identified in 15.27.504, and 15.27.603All wetlands deserve a standard of Deleted: 3166 protection, through the use of vegetative buffers, that is directly related to their contribution to 3167 the functional properties listed in Section 16C.06.05 (Functional Properties) and section Deleted: ( I 3168 16C.07.04 (Wetland Functions and Rating). Deleted: ) of the wetland chapter T ; 3169 Deleted: maintained at the Yakima County Public Services Department. 3170 ,for regulatory purposes, wetlands are classified into four (4) categories according to the Wetland — 3171 Rating System found in * 15 27.603section 16C.07.04(2) • Wetland Functions and Ratin Deleted: best available graphic g► depiction of critical areas within the 3172 county will be used and continuously 3173 updated as reliable data becomes available 3174 15.27.507 Deleted: are created with a defined 1 3175 16C06.08 Maps l� process not necessarily corresponding 3176 Certain fish and wildlife habitat and hydrologically related critical areas have been inventoried directly with easily observable physical features such as streams and wetlands. 3177 and are depicted on a series of paper and electronic maps,The maps do not officially define the These maps define the regulated critical 3178 areas. They are also formally adopted by I extent or characteristics of specific critical areas: rather the potential physical boundaries and the Board of Yakima County 3179 characteristics,, Maps may be both regulatory and non - regulatory in nature as described below: commissioners and may only be changed 3180 1) Regulatory maps include the following: by that body. Regulatory maps 3181 a) any floodway or floodplain identified as a special flood hazard area by the Federal Deleted: a) 1 3182 Emergency Manaeement Agency (FEMA) as identifiecl,in the Flood Insurance Studies Deleted: Insurance Administration 3183 (FIRM ), Deleted: Study for Yakima County 3184 2) Informational maps, indicate the approximate presence, location and/or typing of the potential, Deleted: Administrative maps are 3185 critical area. l nfonnationa j, maps include, but are not limited to the following: intended to I 3186 a) Wetlands; Deleted: subject � _ 3187 b) Streams; Deleted: features, and act as a trigger 3188 c) Channel migration zone; and for further investigation of the extent and characteristics of critical areas in a I 3189 d) Species and Habitats of Local Importance -- ,Vote: This ina . will be generated at Audi a specific project location. These maps 3190 were created using reconnaissance level ui, ti hcir.the c al u/ ) trl , n ucr /u rmu /Ir adopts ct specie w lutbii ii of l oca l importance • • or better data. Given site-specific 3191 i) Other non - regulatory Type 2 Streams, lakes and/or ponds listed in Appendix A and variations in reconnaissance level data, 3192 described in section 16C.06.06(2) above. ' , more detailed information developed at the site- specific level may be used to ' 3193 e) Upland Wildlife Habitat Analysis Map. ' ,modify the maps as it is developed; the 3194 3) Other information sources includ ; maps or other data sources„ are not limited to: maps mamtamedbyth Public Services Department do not 3195 a) Comprehensive Flood Hazard Management Plans,; officially define the extent or 3196 b) Soil Survey of the City of Yakima; characteristics of specific critical areas; I rather the physical characteristics that 3197 c) SurfaceNatural resource management plans, such as local and federal Recovery Plans, or exist' on the ground" define the 3198 Forest Plans prepared by the US Forest Service; boundaries of the regulated critical areas. Administrative 3199 d) Surficial Geologic Maps; Deleted: - Mapped habitat areas for I 3200 e) Historic and Current Aerial Photo Series; and newly listed species 3201 f) Geohydraulic studies — geologic cross sections showing aquifers and confining units. Deleted: as needed to supplement 3202 Deleted: existing maps. Habitats 3203 16C.06.09 Upland Wildlife and Habitats of Local Importance Development Standards Deleted: currently include I 3204 Projects located within an Upland Wildlife Habitat Critical Area or Habitats of Local Deleted: - these are 3205 Importance, as designated in section 16C.06.04. shall meet the following standards listed below, 3206 rather than the development standards in 16C.06.10 through 16C.06.23 for Hydrologically maann m ageme e n t p t p schiar s and , whhich are n neitheither 3207 Related Critical Areas, unless review is also needed for a Hydrologically Related Critical Ares. I species produced or maintained by the Yakima 3208 1) Projects shall be designed using management recommendations established for the or County Public Services Department, which are used to indicate the presence of 3209 habitat by federal and state agencies, or those adopted for Species and Habitats of Local I Critical Areas, importance or : , MR 3210 Importance by Yakima County. The department shall consider the extent such 1 Deleted: and associated studies 1 Deleted: County —1 2/1 /2008 — 79 79 1 1 1 Doc 1 INDEX, # J -I City of Yakima 15.27 CAO 3211 recommendations are used in its decision on the proposal, and may consider 3212 recommendations and advice from the agencies with expertise. 3213 3214 General Development Standards 3215 15.27.508 3216 16C.06.10 Prohibited Uses 3217 The following uses and activities are prohibited within a designated hydrologically related 3218 critical area: 3219 1) Storage, handling, and disposal of material or substances that are dangerous or hazardous 3220 with respect to water quality and life safety; 3221 2) Confinement feeding operations including livestock feedlots and dairy confinement areas; 3222 3) The placement of mining tailings, spoilage, and mining waste materials, except for that 3223 ,associated with the mining of gravel; Deleted: 3224 4) The draining or filling of a wetland, Jake or pond, except as provided for in §, Deleted: 3225 15?7.51916C.06.21 (Filling); Deleted: Section 3226 5) The removal and transport of material for fill outside of the stream corridor; 3227 6) Site runoff storage ponds, Molding tanks and ponds, and other similar waste disposal Deleted: manure stockpiles and manure 3228 facilities. ,Vote: This provision does not include Region, disposal, -� 3229 cuiicc i i(n pipes, municipal wastewater lines or septic systems approved by a local or state 3230 agency, and other re/atc'(4 facilities; Deleted: with authority to permit such 1 3231 7) Solid waste disposal sites; 3232 8) Automobile wrecking yards; 3233 9) Fill for the sole purpose of increasing land area within the stream corridor; 3234 10) Use, located within the floodway fringe that are listed in 0;16C.05.32.020 (new Deleted: Those uses 3235 and. expanded mobile or manufactured home parks); 3236 (1) UseZlocated within the floodway that are listed in 1 l .4 1 2. Deleted: Those uses 3237 11) 16C.05.36.020 (dwellings, filling wetlands, landfills, junkyards, storage of vehicles and 3238 material, damming streams, and any use causing flood impacts) 3239 1 3240 3241 15.27.509 3242 16C.06.11 General Policies and Standards 3243 The following policies and standards shall apply to any development, construction, or use carried 3244 out within a designated hydrologically related critical area: _ 3245 1) The ordinary high water markof a stream or lake, and the edge of a wetland, shall be marked Deleted: Ordinary High Water Mark 1 3246 on the ground before any development, construction, or use is initiated. Deleted: , and the outside edges of 3247 2) Existing vegetation and any,vegetative species perm „al area identified on the streainand/or wetland buffers 3248 project site within the stream corridor shall only be disturbed to the minimum extent Deleted: riparian 3249 possible. Deleted: unique or sensitive 3250 3) Nesting areas and other sensitive ,habitat identified within a stream corridor shall be disturbed Deleted: wildlife 3251 to the minimum extent possible. 3252 4) Projects within the stream corridor shall be scheduled to occur at times and during seasons 3253 1 having the least impact to spawning, nesting, or other sensitive wildlife activities. 3254 Scheduling recommendations from the appropriate state and/or federal agency may be 3255 I considered., 1 Deleted: 2/1/2008 80 — - - - 80 1 DOC. INDEX 1 City of Yakima 15.27 CAO I 3256 (1) pevelopments that obtain a stormwater permit approved by a local, state or federal I Deleted: Storntwaterand Erosion 3257 agency,and transportation projects using ,the Eastern Washington Stormwater control. 3258 manualManual are exempt from: I Deleted: , 1 3259 5) the requirements below. Deleted: stormwater manuals that are 3260 a) Excavation, grading, cut/fills, compaction, and other modifications, which contribute to deemed equivalent to 3261 erosion of shall be confined to the minimum necessary to complete the authorized i Deleted: upland I 3262 work and avoid increased sediment load. 3263 b) The removal of ground -cover vegetation, excavation, and grading shall be scheduled for 3264 I periods when soils are the least vulnerable to erosion, compaction, and movement unless 3265 suitable protective measures are used to prevent erosion. I 3266 c) The removal of ground -cover vegetation, excavation, and grading shall be scheduled to 3267 ensure the minimal duration of exposed, unprotected soils. 3268 d) Increases in impervious surface area, compaction of soil, changes in topography, and I 3269 other modifications of land within a stream corridor,shall provide on- site ,facilities for the Deleted: which are determined will 3270 detention, control, and filtration if potential, increases have been identified to occur. permanently increase stormwater and meltwater runoff into stream channels, 3271 e) The discharge point for controlled stormwater,runoff,shall be designed and constructed to drainage ways, and conduits, 3272 avoid ,erosion. Deleted: or off -site I 3273 f) Matting or approved temporary ground cover shall be used to control erosion until natural Deleted: of such 3274 vegetative ground cover is successfully established. -- Deleted: and meltwater 3275 6) Development, construction, and uses shall not directly or indirectly degrade surface water Deleted: and other outfall 3276 and groundwater through the introduction of nutrients, fecal coliform, toxins, and other Deleted: causing 3277 biochemical substances. 3278 7) Prior to the approval of development, construction, or uses within a designated stream Deleted: through the use of native riparian vegetation where possible or by 3279 corridor, any existing source of biochemical or thermal degradation identified as originating r educing velocity, use of rock spillways, a 3280 on the project property shall be corrected. riprap splash plates, or other demonstrably effective means 3281 8) Facilities which use fertilizers, pesticides, or herbicides shall use landscaping, low -risk Deleted: or on contiguous properties of 3282 products, application schedules, and other protective methodology to minimize the surface the same ownership 3283 and subsurface transfer of biochemical materials into the stream corridor. I 3284 9) Modifications to natural channel gradient, channel morphology, drainage patterns, and other 3285 stream features shall not permanently alter or obstruct the natural volume or flow of surface 3286 waters. I 3287 10) Development, construction, or uses within the stream corridor shall not alter or divert flood 3288 flows. cause, channel shift„erosion, and increase or accelerate the flooding of upstream or i Deleted: causing I 3289 downstream flood hazard areas, or otherwise threaten public or private properties. ! Deleted: or 3290 11) Wells located within a stream corridor shall be protectively lined and installed in a deep I 3291 aquifer with an acceptable minimum hydraulic continuity with either surface waters or a 3292 shallow aquifer. 3293 12) Structures placed in close proximity to the outer edge of bends in stream channels,shall be ' Deleted: identified as having a high 3294 located to minimize the hazard from stream undercutting and stream bank erosion stemming potential to meander I 3295 from potential future stream migration. 3296 13) The pepartment of Ecology and adjacent communities shall be notified prior to any Deleted: Adjacent communities and the 3297 alteration or relocation of a watercourse and evidence of such notification shall be submitted I 3298 to the Federal Emergency Management Agency. 3299 I 14) Maintenance shall beprovided foi the altered or relocated portion of said watercourse so that Deleted: Require that maintenance is 3300 the flood - carrying capacity is not diminished. Deleted: within 1 2 /1/2008 81 81 I 1 1 0a. INDEX, 1 Cit of Yakima 15.27 CAO 3301 15) Development, construction, or uses within the hydrologically related critical area shall be I Deleted: that would contribute to the 3302 ,mitigated using mitigation sequencing as outlined in * 15.27.307 section 16C.03.10 I degradation of the functions and values 3303 (Mitigation Requirements, I Deleted: avoided or I 3304 16) Development shall not obstruct, cut off, or isolate stream corridor features. I Deleted: ). 3305 17) Nothing in these regulations shall constitute authority of any person to trespass or in any way 3306 infringe upon the rights of private ownership. 3307 18) If archaeological resources are uncovered during excavation, developers and property owners _ 1 3308 shall immediately stop work and notify the City of Yakima, the Washington State Office of Deleted: county 3309 Archaeology, and Historic Preservation and any affected Indian Natiory Archaeological sites Deleted: indian tribes _ 3310 are subject to RCW 27.44 jndian Graves, and Recordtiand RCW 27.53, Archaeological Site Deleted: ( 3311 and Records. Development or uses that may impact such sites shall comply with WAC 25- Deleted: graves 3312 48 archaeological Excavation and Removal Permit Deleted: records) 3313 19) Projects located within the floodway must meet the requirements of * 15 27.411 Permitted Deleted: ( 3314 UsesThe provisions of Chapter 16C.05 of this title shall also apply to the development of lots =--G 3315 and the placement, construction, or installation of structures in floodways and floodplains. Deleted: sites 3316 20) Any portion of the vegetative buffer temporarily damaged or disturbed as a result of I Deleted: records), and development 3317 construction activities (excluding approved permanent use areas) shall be repaired at the i Deleted: ( _ I 3318 completion of construction using the reclamation found in ■ 1527.521 standards in section Deleted:) 3319 16C.06.23 (Reclamation). 3320 21) Projects located within the floodway must meet the requirements of 16C.05.36.010 3321 (Floodway — Permitted Uses). 3322 22) Projects within a floodplain must meet the requirements of section 16C.05.28. (Flood Hazard 3323 Protection Standards) and 160.05.32 ( Floodway Fringe Uses). 3324 23) Changing from an existing use or development which does not meet the provisions of this 3325 chapter to a new use shall be reviewed in light of the following: 3326 a) The conversion will demonstrably reduce impacts to stream corridor and other 3327 hydrologically related critical area features; and 3328 b) The conversion will restore and /or enhance the functional properties outlined in Section 3329 16C.06.05 (Functional Properties). 3330 3331 Water Dependency Development Standards and Buffer Requirements 3332 15.27.51() 3333 16C.06.12 Use Classifications 3334 For purposes of this s ect1otj, the components of any development, construction, or use requiring Deleted: chapter 3335 a critical area development authorization shall be classified as provided below, and shall conform 3336 with the development standards applicable to the classification provided in * * 15.27.51 1 - 3337 16C.06.13 through 16C.06.15, except for those activities listed in Section 16C.03.05 (Minor 3338 Activities Allowed without a Permit or Exemption): 3339 1) Water Oriented Uses are one of the following two (2) categories of uses: 3340 a) Water - dependent uses include dams, water diversion facilities, marinas, boat launching 3341 facilities, water intakes and outfalls, aquaculture, log booming, stream and wetland 3342 crossings for roads and railroads, stream and wetland crossings for utilities, swimming 3343 beaches, fishing sites, in -water or on -land shore stabilization structures, livestock 3344 watering sites, and other uses that cannot exist in any other location and are dependent on 3345 the water by reason of the intrinsic nature of their operations. This provision applies only 1 2n noon 82 82 1 1 Doc. 1 INDEY # J — ! *____ 1 I City of Yakima 15.27 CAO I 3346 to the specific portion of a project that is demonstrably dependent upon the water or 3347 shore. 3348 b) A water - related use is one not intrinsically dependent on a waterfront location but whose 3349 economic viability is enhanced by a waterfront location either because it requires large 3350 quantities of water, or because it provides services for water dependant uses and the 3351 I proximity to its customers makes such services less expensive and/or more convenient. I 3352 Examples would include thermal power plants, sewagewastewater treatment plants, water 3353 processing and treatment plants, support services for fish hatcheries or aquaculture, fly 3354 shops and boat rental shops. 3355 2) 2) Non - water - oriented uses include any use not qualifying as uses in subsection (1) above. I 3356 3357 15.27.51116C06.13 Water- dependent Uses 3358 The following provisions shall apply to water- dependent uses: I 3359 (1) 3360 1) Structures shall be clustered at locations on the water's edge having the least impact to the 3361 surface water and shore, 3362 (2) , I 3363 2) Use areas and structures which require direct shore locations shall be located and constructed 3364 to minimize impacts to the shore area and the vegetative buffer specified in 3365 1527.514Section 16C.06.16 (Vegetative Buffers), 3366 (3) , I 3367 3) Use areas and structures requiring direct shore locations shall minimize any obstruction or 3368 impairment of normal public navigation of the surface water. 3369 I 3370 15.27.51216C.06.14 Water - related Uses 3371 The following provisions shall apply to the water - related uses: 3372 (1) 3373 1) Structures and use areas shall be located as far landward from the ordinary high water mark I 3374 or wetland edge as is possible and still preserve the essential or necessary relationship with 3375 the surface water. 3376 (2) ; I 3377 2) Structures and use areas shall not be located within the vegetative buffer specified in 3378 15.27.514 Section 16C.06.16 (Vegetative Buffers) except where existing development or the 3379 requirements associated with the use make such a location unavoidable. 3380 I 3381 15.27.51316C.06.15 Non -water Oriented Uses 3382 The following provisions shall apply to non - water- oriented uses: 3383 (1) 3384 1) Structures and use areas shall be set back so as not to be located within the vegetative buffer I 3385 specified in ,15.27.51416C.06.16 (Vegetative Buffers)_ I Deleted: Section I 3386 (2) ; 3387 2) Construction abutting the vegetative buffer specified in 15.27.51416C.06.16 (Vegetative I Deleted: Section I I 3388 Buffers) shall be designed and scheduled to ensure there will not be permanent damage or 3389 loss of the vegetative buffer. 3390 3391 1 15.27.51416C.06.16 Vegetative Buffers I 2/1/2008- — 83 83 I 1 1 ,J0 C. ' • 1 City of Yakima 15.27 CAO 3392 The establishment of ayegetative buffer system is,ltecessary to protect the functions and values Deleted: Establishment. There is 3393 of certain hydrologically related critical areas. _Standard and minimum buffers for streams, lakes, hereby established a system of 3394 ponds, and wetlands, based on a review of the best available science, are listed in Table Stable 6- I Deleted: buffers that are 1 3395 1 and 56 -2, _ - . { Deleted: 3396 1) Vegetative buffers shall be measured from the ordinary high water lnarkfor streams, lakes Deleted: Ordinary High Water Mark 3397 and ponds, and from the ,edge of the wetlands, The width of the buffer shall be determined (OH ) 3398 according to the stream or wetland type., 1 Deleted: wetland 3399 Buffer width may be reduced through an adjustment Adjustment (16C.03.23) permit process Deleted: for 3400 15.27.317). However, the Administrative Official may not approve reductions to the standard I Deleted: , as identified in the field 3401 buffer widths for wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland 1 Deleted: 3402 habitat function, except NA, here it can be shown that a particular wildlife species needs within the 3403 butler can be met with a smaller buffer. 3404 2) F'ype 1 streams, lakes, and ponds are protected by the Shoreline Master Program and are not Deleted:. 1 3405 part of this(YCC Title 16D) rather than the Critical Areas Ordinance (YCC Title 16C). Deleted: .1 3406 3) The minimum buffer widths listed in Tables 5 -1 and are the lowest possible buffer widths 3407 allowed by means of the adjustment process.. Adjustments below the minimum buffer width Deleted: 4-1 and 4 -2 apply only for 3408 must meet additional approval criteria as provided in _. _ 7.317section 16C.03.23(3)(d) Adjustments I 3409 Adjustments, Deleted:( - -I 3410 1) The adequacy of these standard buffer widths presumes the existence of a relatively intact Deleted:) _ 3411 native ve2etati‘ e,pommunity v. ithin the buffer zone that is deemed adequate to protect the Deleted: vegetation I 3412 identified critical area. 3413 4, If the vegetation is degraded, then ,re-vegetation mav;be considered with an Deleted: stream functions and values a 3414 adjustment to the buffer width. the time of the proposed activity 3415 4) b. Where the use is being intensified, a degraded buffer maN, be re- vegetated to maintain the Deleted: no adjustment to the buffer width should be granted and 3416 standard width. --- .. _ Deleted: should 3417 --- ---t-_ 3418 Table 56 — Deleted: should 3419 ** *The Administrative Official mat' not approve reductions to the standard buffer widths /or 3420 wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, 111 3421 except where it can be shown that a particular wildlife .species needs within the buffer can be 3422 met with a smaller buffer. * ** 3423 Stream Type Buffer Width S Standard /(minimum adjustment) See 16C.06.16, { Deleted: standard subsections 1 -4. Type 1 Shoreline streams, lakes and ponds 100' Type 2 streams, lakes and ponds 75'/(25') Type 3 streams (Perennial), lakes and 50'/(25') ponds I Type 4 streams (Intermittent), lakes and 25'/(l5') ponds Type 5 streams (Ephemeral) No buffer standards Type 5 streams are not regulated, Deleted: as streams, but may be 3424 protected under geologically hazardous area, floodplain, stonnwater, 3425 ** *The Administrative Official mar not approve reductions to the standard buffer widths for construction, grading or other 3426 wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, development regulations 2nn008 84 84 1 1 1 iND 4 ,L 1 I City of Yakima 15.27 CAO 3427 except where it can be shown that a particular wildlife species needs within the buffer can be 3428 met with a smaller buffer.*** 3429 I 3430 Table 56-2 Type 1 Wetlands Type 2 Wetlands Type 3 Wetlands Type 4 Wetlands (standard/minimum) (standard/minimum) (standard/minimum) (standard/minimum) I 200'/5' X00' /25' ,75'/25' 50'/25' _ .. i Deleted: 100' 3431 3432 Land Modification Development Standards [ Deleted: 100'150' { Deleted: 100'/50' 3433 15.27.515 I 3434 16C.06.17 Roads, Railroads, and Parking 3435 The following provisions shall apply to the location and construction of roads, railroads, and 3436 parking within a designated hydrologically related critical area except that logging roads, being I 3437 a special category of roads, may be regulated as Forest Practices under this title (refer to those 3438 relevant sections): 3439 1) (1) Roads and railroads shall not be located within a designated stream corridor except Deleted: , 3440 where it is necessary to cross the corridor or where existing development, topography, and ( -- I 3441 other conditions preclude locations outside the stream corridor. ..t Deleted` ; i 3442 a) alConstruction of roadways across stream corridors shall be by the most direct route ,' I Deleted: stream or wetland edges _ I 3443 possible having the least impact to the stream corridor, - I Deleted: to the corridor _ I 3444 b) Roadways that must run parallel to streams or wetlands,shall be along routes having ,,{ Deleted: c) I 3445 the greatest possible distance from stream or wetland and the least impact, ; { Deleted: (2) i 3446 c) Jtoadways within the stream corridor shall not hydrologically obstruct, cut -off or isolate j ,• j Deleted: , _ 3447 stream corridor features c leanly unavoidable, ' ,( Deleted:. J I 3448 2),,Material excavated from the roadway area to achieve the design grade shall be used as fill Deleted: (3) 3449 where necessary to maintain grade, or shall be transported outside the stream corridors • ,{ Deleted:. 3450 3) fill to elevate roadways shall not impede the normal flow of floodwaters or cause ,. -' ' { D eleted. (a) 3451 displacement that would increase the elevation of flood waters such that it would cause I 3452 properties not in the floodplain to be flood - prone, ,{ Deleted: . 3453 4 S oil construction waste, and other debris shall not be used as road fill or buried within the //, { Deleted: (5) 3454 stream corridor _ ;' I Deleted: the I 3455 5).Bridges and water-crossing structures shall not constrict the stream channel or impede the •{ Deleted: 3456 flow ofprdinary high water, sediment, and woody debrisi_ _ Deleted: (6) 3457 6) preservation of natural stream channels and drainage ways shall be preferred over the use _ , I Deleted: , where _ ) 3458 of culverts. Where culverts are the preferred method, large, natural bottom culverts, multi- { Deleted:. I 3459 plate pipes, and bottomless arches are preferred { Deleted: (7) 3460 7 The alignment and sloe of culverts shall parallel and match the natural flow of streams or -..-- -- h 1? Deleted: , unless doing so conflicts 3461 drainage ways,and shall be sized to accommodate the rolume, Iloty and \ elocity of ordinary with subsection (1) and (2), J 3462 high wate>rand shall terminate on stable, erosion - resistant materials. I Deleted: , I I 3463 8) fish are present, culverts shall be designed and constructed to specifications provided { Deleted: (8) 3464 through the Department of Fish and Wildlife or a comparable source of expertise; Deleted:. 3465 9)(9) At least one end of a wood stringer bridge shall be anchored to prevent the bridge , from - I 3466 being washed away during a high water ex ent.• Deleted: it 3467 10),Roads must be designed and constructed using established flood resistant,design and { Deleted: (10) 3468 construction methods when the road is possibly subject to floodwater damage flood I Deleted: and -- j 3469 w aters; • , I Deleted: they may be _ 1 . Deleted: . 2/1/2008 - - - -- 85 85 I 1 1 DOC, iNDEX 1 # City of Yakima 15.27 CAO 1 3470 1 1) .oads and bridges within floodways must meet the requirements of ; 15.27.41 1(8) and (3), -{ Deleted: (1 1) 1 3471 unless an engineer can demonstrate another appropriate method.section 16C.05.36.010 3472 subsection (7) and (2). 3473 I 3474 15.27.51616C.06.18 Utility Transmission Lines and Facilities 3475 The following provisions shall apply to the location, construction, and ,installation of utility I Deleted: or 1 3476 transmission lines and facilities (such as those for wastewater, water, communication, natural 3477 gas) within a designated hydrologically related critical area: I Deleted: , etc. 3478 1) Utility transmission lines and facilities shall be permitted within the stream corridor only ._ - - Deleted: (1) 3479 where it is necessary to cross the corridor or where,development, topography, and other Deleted: existing I 3480 conditions preclude locations outside the stream corridor. 3481 a) Utility transmission lines and facilities across stream corridors shall be by the most direct --{ Deleted: a) 3482 route possible having the least impact to the stream corridor. 3483 b) The construction of utility transmission lines and facilities within a stream corridor shall -- (Deleted: b) ii 3484 be designed and located to provide ;minimum disruption to the functional properties I Deleted: ensure 3485 specified under Section 16C.06.05 (Functional Properties), I Deleted: of this title 3486 2) * Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy _ { Deleted: (2) 1 3487 replacement or repair with minimal disturbance to the stream corridors - - -- ( Deleted: . 3488 3) puried utility transmission lines crossing a stream corridor shall be buried a minimum of four 3489 feet below the maximum scour or 1/3 of the bankfull depth of the waterway, whichever is Deleted' (s) 3490 greater, and for a similar depth below any associated floodway and floodplain to the - t 3491 maximum extent o�otential channel migration as determined by hydrologic analysis; i Deleted: or 3492 (4) Where \ei possible. new aboveground installations shall use existing bridges or pole 3493 facilities. 3494 4) (5) Wherever possible, new aboveground installations shall use available, existing bridge 3495 and utility locations and stream corridor crossings as opposed to creating new locations and 3496 stream corridor crossings; 3497 5) Aboveground electrical support towers and other similar transmission structures shall be 3498 located as far upland as is reasonably practical,; _ { Deleted:. 3499 6) Transmission support structures shall be located clear of high flood velocities anti located in -{ Deleted: (6) 3500 areas of minimum flood depth, which require the least amount of floodproofing, and shall be I Deleted: , 3501 adequately floodproofed; - ( Deleted: . 3502 7) Underground utility transmission lines shall be constructed so they do not alter, intercept, or {Deleted: (7) 3503 dewater groundwater patterns that support streams, wetlands, and hyporheic flows; 3504 8) (8) All new and replacement water supply systems and wastewater systems within a { Deleted: . 3505 special flood hazard area must meet the requirements of * 15.27.407l 6C.05.28.010(b) (re: 3506 infiltration or discharge into or out of the systerry); { Deleted: ). 3507 9) (9) Utility transmission lines within the Floodway Fringe shall meet the standards of 3508 ■ 15.27.40916C.05.32.010 (2,); .. - -{ Deleted: ). 3509 10) (10) Utility transmission lines within the Floodway shall meet the standards of 3510 15.27.411(316C.05.36.010(2). 3511 3512 15.27.517 3513 16C.06.19 Shore Stabilization 3514 1) The following provisions shall apply to shore stabilization projects., Deleted: 3515 Shore stabilization projects shall be allowed only where there is evidence of erosion which (1) 21112008_ 86 1 86 1 1 DOC. 1 INDEX City of Yakima 15.27 CAO I 3516 clearly threatens,existing property, structures, or facilities, and which stabilization will not I Deleted: represents a threat to 1 3517 I jeopardize other upstream or downstream ro ertie = Deleted:. 3518 2) Stabilization projects shall be developed under the supervision of, or in consultation with, (2) I 3519 1 agencies or professionals with appropriate expertise - - Deleted: . (3) 3520 3) Stabilization projects shall be confined to the minimum protective measures necessary to 3521 1 protect the threatened property Deleted: . 3522 4) The use of fill to restore lost land may accompany stabilization work, provided the resultant (4) I 3523 shore does not extend beyond the new ordinary high water mark, finished grades are 3524 consistent with abutting properties, a restoration plan is approved for the area, and the fill 3525 material is in compliance with a 15.27.519 Section 16C.06.21 (Filling, I 3526 (5) ); 3527 5) Stabilization projects shall use design, material, and construction alternatives that does not 3528 require high or continuous maintenance, and which prevents or minimizes the need for 3529 subsequent stabilization of the shore'spther segments. I Deleted: to I I 3530 (6) of the shore. Junk car bodies and other unsuitable debris are not to be used in shore 3531 stabilization projects; 3532 6) Alternative Preferences, Vegetation, berms, bioengineering techniques, and other I Deleted:. 1 I 3533 nonstructural alternatives, which preserve the natural character of the shore shall be preferred — 3534 over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization. 3535 While riprap_,rock or other natural materials shall be preferred over concrete revetments, 1 Deleted: Riprap using I 3536 bulkheads, breakwaters,and other structural stabilization, I Deleted: , 1 111 3537 (7) ; 3538 7) Applications to construct or enlarge dikes or levees shall meet the requirements of 3539 15.27.411(7). I 3540 (8) 16C.05.36.010(6); 3541 8) Revetments and bulkheads shall be no higher than necessary to protect and stabilize the 3542 shore_ 3543 (9) ; I 3544 9) Breakwaters shall be constructed of floating or open -pile designs rather than fill, riprap, or 3545 other solid construction method % - Deleted: . 3546 10) (10) All new flood control projects shall define maintenance responsibilities and a 3547 funding source for operations, maintenance, and repairs for the life of the project. I 3548 3549 15.27.518 3550 16C.06.20 Dredging and Excavation 3551 The following provisions shall apply to dredging and excavation within a designated I 3552 hydrologically related critical areal Deleted: 3553 Dredging in surface waters shall be allowed only where necessary; (1) 3554 a. Becaus ;of existing navigation needs: Deleted: because I 3555 _ b. Habitat jmprovement: Deleted: , habitat restoration or 3556 c. Maintenance. and 3557 1) d. C' onstr uctioi1 ofwaterde pendantuses.- dependentuses; Deleted:, maintenance or construction 3558 2) ,Dredging and excavation shall be confined to the minimum area necessary to accomplish the - [ (2) Deleted: I 3559 intended purpose or use __ - -- - 3560 3) Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom Deleted: (3 ) 3561 1 materials shall be preferred over agitation forms of dredging; - Deleted: . I (4) 2/1/2008 — — 87 87 I 1 1 DOG. INDEX 1 # T_ j I __w Cite of Yakima 15.27 CAO 3562 4) Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal 3563 of sediments and other dredge materials; - - - Deleted: - 3564 5) Entries across shore and wetland edges to accomplish dredging or excavation shall be (s) 3565 confined to the minimum area necessary to gain entry and shall be confined to locations with 3566 the least potential for site disturbance and damage; . - Deleted: . ( 3567 6) Dredging and excavation shall be scheduled at times having the least impact to fish durine 3568 spawning, nesting, and other identified natural processes; ( Deleted: patterns 3569 7) Dredge spoils are also considered fill, and shall not be deposited within the stream except ` Deleted:. . 3570 where such deposit is in accordance with approved procedures intended to preserve or , (7) 3571 enhance wildlife habitat, natural drainage, or other naturally occurring conditions. 3572 3573 1 15.27.51916C.06.21 Filling 3574 The following provisions shall apply to filling activities within a designated hydrologically 3575 related critical area:, -- Deleted: (1) 3576 1) Fill within surface waters or wetlands shall be allowed only where necessary in conjunction 3577 with water- dependent uses, or an approved reclamation plan under 1527.521 Section 3578 16C.06.23 (Reclamation) or approved compensatory mitigation plan under 3579 15 27.604Section 16C.03.17(13 -.. Deleted:. 3580 2) Fill for the purpose of increasing elevation may be permitted if ican be accomplished in a (2) I I I 3581 manner consistent with this chapter's policies,of this chapter; Deleted: such 3582 3) Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined Deleted: the _- 3583 to areas having the least impact to the stream corridor. Other alternatives should be preferred Deleted: 3584 over fill to elevate new homes in the floodplain, such as increasing foundation height or zero- • (3) 3585 rise methods such as piers, posts, columns, or other methods; -. Deleted : . l 3586 4) Fill in floodplains shall meet the requirements of Part Four chapter 16C.05 (Flood Hazard - (4) 3587 Areas. I 3588 (5) Hazards); 3589 5) Pile or pier supports shall be preferred over fill for water - dependent uses and facilities; 3590 6) Unless site characteristics dictate otherwise, fill material within surface waters or wetlands 111 3591 shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade 3592 water quality. 3593 (6) ; I 3594 7) Fill placement shall be scheduled at times having the least impact to fish during spawning, 3595 nesting, and other identified natural processes_ Deleted: patterns 3596 (7) ; 3597 8) Fill and finished surface material shall require low maintenance, provide high resistance to 3598 erosion, and prevent or control the migration of sediments and other material from the fill 3599 area to surrounding water, shore, and wetlands, unless the Washington Department of Fish 3600 and Wildlife indicates other options are preferred,. . - --{ Deleted: . 3601 9) (8) Projects that propose fill shall make every effort to acquire fill onsite (also known as 3602 compensatory storage) where appropriate; __ - -- {Deleted :. 3603 10) (9) Fill should not obstruct, cut off, or isolate stream corridor features. 3604 3605 I 15.27.52016C.06.22 Commercial Mining of Gravels 3606 The following provisions shall apply to the commercial mining of gravels within a designated 3607 I hydrologically related critical area 2,1/2008 88 1 88 i 1 DOC. 1 INDEX I :i ___ . 1 City of Yakima 15.27 CAO I 3608 (1) , except that mining may be regulated as Forest Practices under this title, (refer to those 3609 relevant sections): 3610 1) Prior to the authorization of a commercial gravel mining operation, the project proponent I 3611 shall provide maps to scale which illustrate the following: • 3612 (A) 3613 a) The extent to which gravel excavation and processing will affect or modify existing I 3614 stream corridor features, including existing riparian vegetation; 3615 (B) 3616 b) The location, extent and size in acreage of any pond, lake, or feature that will be created 3617 as a result of mining excavation; I 3618 (C) 3619 c) The description, location, and extent of any proposed subsequent use that would be 3620 different than existing uses. 3621 (2) 3622 2) Wherever feasible, the operations and any subsequent use or uses shall not cause permanent 3623 impairment or loss of floodwater storage, wetland, or other stream corridor features. 3624 Mitigation shall provide for the feature's replacement at equal value except wetlands which I 3625 shall be mitigated according to guidance in the Washington State Department of Ecology's 3626 Wetland Mitigation in Washington State. Parts 1 and 2 (March 2006 or as updated). 3627 (3) 3628 3) Any surface mining allowed within the floodway shall meet the standards of 3 15.27.411 (2). I 3629 (4) 16C.05.36.010(1); 3630 4) Except where authorized by City of Yakima,in consultation with the State Department of i De leted: County I 3631 Fish and Wildlife and Department of Ecology, the following shall apply: 1 3632 (A) 3633 a) The excavation zone for the removal of gravels shall be located a minimum of one 3634 hundred feet upland from the ordinary high water mark (OHWM) of the stream channel. 3635 (B) I 3636 b) Equipment shall not be operated, stored, refueled, or provided maintenance within one 3637 hundred feet of the OHWM, 3638 (C) 3639 c) Gravel washing, rock - crushing, screening, or stockpiling of gravels shall not occur within I 3640 one hundred feet of the OHWM. 3641 5) (5) Mining proposals shall be consistent with the Washington Department of Natural 3642 Resources Surface Mine Reclamation standards, (WAC 332 -18, RCW 78.44). I 3644 3644 15.27.521 3645 16C.06.23 Reclamation, Deleted: _ _ 3646 The following guidelines shall apply to the reclamation of disturbed sites resulting from L 3647 I development activities vv ith,a designated hydrologically related critical area: Deleted: within - 3648 1) Development, construction, or uses shall include the timely restoration of disturbed features 3649 to a natural condition or to a stabilized condition. v Inch, prevents degradation. within the Deleted: that I I 3650 stream corridor; 3651 2) Large -scale projects that extenctover several months shall be phased to allow reclamation of I Deleted: or projects extending I 3652 areas where work or operations have been completed1 1 2/1/2008 89 89 i 1 1 DUG. INDEX City of Yakima 15.27 CAO • 1 3653 3) Reclamation shall be scheduled to address precipitation, meltwater runoff, growing season, 1 3654 I and other seasonal variables that influence restoration and recovery. 3655 4) Topography shall be finished to grades, elevations, and contours consistent with natural 3656 conditions in adjacent and surrounding areas; _ 3657 5) Where existing development and construction preventxetum of a site to its natural condition, I Deleted: the 3658 sites may be finished to conditions comparable to surrounding properties provided suitable 3659 protective measures are used to prevent stream corridor degradation,; 3660 6) Cut -and -fill slopes shall be stabilized at, or at less than the normal angle of repose for the 3661 I materials involved; 3662 (1) The replacement or enhancement of vegetation within wetlands and required vegetative 3663 buffers shall use naturally occurring, native plant species. 3664 7) In other parts of the stream naturally occurring, native plant species shall be used, unless a Deleted: corridor 3665 showing of good cause acceptable to the Administrative Official or desiunee is provided, 3666 Should good cause be shown then, self-maintaining or low- maintenance plant species Deleted: , in which case 3667 compatible with the native vegetation shall be used in place, over of non- native and high- I Deleted: preferred 3668 maintenance species. 1 1 1 1 1 1 1 1 1 2/1/2008 90 90 1 1 DOC. 1 INDEX I City of Yakima 15.27 CAO 1 3669 CHAPTER 15.27Chapter 16C.07 3670 PART SIX 3671 WETLANDS I 3672 3673 Sections Defined: 3674 15.27.60016C.07.01 Purpose and Intent I 3675 1527.60116C.07.02 Designating and Mapping 3676 15.27.60216C.07.03 Protection Approach 3677 15.27.60316C.07.04 Wetland Functions and Rating 3678 15?7.60416C.07.05 Compensatory Mitigation Requirements I 3679 15.27.605160.07.06 Wetland Mitigation Banks 3680 3681 15.27.600 16C.07.01 Purpose and Intent - The purpose and intent of the provisions protecting 3682 wetland critical areas is equivalent to the purpose and intent for 15.27.500Chapter 160.06.01 I 3683 (Purpose and Intent). 3684 3685 15.27.601 16C.07.02 Designating and Mapping _ I 3686 1) Wetlands are At, areas nteetin , the definition Ht \■ etlandsfound in Section 16C.02.425 as Deleted: nose 3687 defined in I 5. �� X99 anc�are hereby designated critical areas which Are subject to the Deleted: that meet 3688 provisions of this chapter. Except the,following; ' Deleted: provided in RCW 3689 A) Irrigation systems that create an artificial wetlands. 36.70A.030(20). All areas within Yakima I 3690 B) Areas where changes in irrigation practices have caused wetland areas to dry up. County meeting the wetland defmidon 3691 a) Due to the inherent design of most irrigation systems, such systems are reasonably and Deleted: and 3692 foreseeably expected to result in some leakage or seepage. Such leakage or seepage is a Deleted: title. The I 3693 normal result of utilization of irrigation systems and is deemed for the purposes of this Deleted: clarifications guide the 3694 title to be a non - regulated, artificial wetland. application of the wetland definition: 3695 2) The approximate location and extent of wetlands are shown on maps maintained by The ( it 3696 of Yakima. 1 hese maps,may include information from the National Wetlands Inventory Deleted: Yakima County, which I 3697 produced by the U S Fish and Wildlife Service and Are to be used as a guide for the City of Deleted: soil maps produced by United 3698 Yakima States Department of Agriculture 3699 National Resources Conservation Service that are useful in helping to identify 3700 I 15.27.60216C.07.03 Protection Approach potential wetland areas. These snaps 3701 1) Wetlands will be protected using the Protection Approach for Hydrologically Related Critical Deleted: County, project applicants and/or property owners, and may be 3702 Areas found in ; 1 �._ , . �U 1. 160.06.02 (Protection Approach), which accommodates issues continuously updated as wetlands are 3703 affecting wetlands. more accurately identified, located and I 3704 2) Wetlands and their functions will be protected using the standards found in Part Four. the delineated. 3705 Stream Con Chapter (16C.06), which includes provisions to: 3706 3707 a) 15.27.603 follow mitigation sequencing as outlined in section 16C.03.10 (Mitigation I 3708 Requirements); 3709 b) avoid degrading the functions and values of the wetland and other critical areas; 3710 c) provide a zero net loss of wetland functions and values together with, if reasonably 3711 possible through voluntary agreements or government incentives, a gain in functions and 3712 values through the long term. 3713 3714 16C.07.40 Wetland Functions and Rating 1 2/1/2008 91 91 1 1 1 Doc. INDEX 1 it i - I City of Yakima 15.27 CAO 1 3715 1) Wetlands are unique landscape features that are the interface between the aquatic and 1 3716 terrestrial environments. Wetlands provide the following functions: 3717 a) Biogeochemical functions, which ,improve water quality in the watershed Ouch as, Deleted: are related to trapping and 3718 nutrient retention and transformation, sediment retention, metals and toxics retentio and transforming chemicals and include functions that 3719 transformationL; Deleted:: 3720 b) Hydrologic functions, which maintail,the water regime in a watershed, such as, flood Deleted: , I 3721 flow attenuation, decreasing erosion, and groundwater recharge. — - - -- --- - -- . I 3722 c) Food ,and habitat functions, which includes habitat fot; invertebrates, amphibians, D a re related to maintaining - -- 3723 anadromous fish, resident fish, birds, and mammals. Deleted: : 3724 2) Wetlands shall be rated based on categories that reflect the functions and values of each '{ Deleted:. i 3725 wetland anc,shall be based on the criteria prow ide ,in the Washington State Wetland Rating I Deleted: web 3726 System for Eastern Washington, revised August 2004 (Ecology Publication #04 -06 -15 which, I Deleted: : 3727 are summarized below:, I Deleted:. Wetland categories 1 3728 a) Category I wetlands arexnore sensitive to disturbance than most wetlands, are relatively I Deleted: provided 3729 undisturbed, and contain ecological attributes that are ,difficult to replace_, Gene Deleted: - 3730 these wetlands are not common and make up a very small percentage of the wetlands http://www.ecy.wa.gov/pubs/0406015. 3731 within the City of Yakima,, The following types of wetlands are classified as Category I: f) as detennined using the appropriate rating forms contained in that publication 3732 i.Wetlands scoring 70 points or more (out of 100) in the Eastern Washington These categories 3733 Wetland Rating System (EWWRS): I Deleted: as follows: 3734 i) Alkali wetlands; Deleted: those that represent a unique 3735 ii) Natural heritage wetlands ( et lands ,identified by,Washington Department of Natural or rare wetland type, are 3736 Resources Natural Heritage Program scientists): and, I Deleted: impossible or too 3737 iii) ,Bogs; I Deleted: within a human lifetime, an 3738 iv) Mature and old - growth forested wetlands with native slow growing trees, which provide a high level offunctions. 3739 include Western Red Cedar (Thuja plicata), Alaska Yellow Cedar (Chamaecyparis I Deleted: County _ 3740 nootkatensis), pine species (mostly White pine - Pinus monticola), Western Hemlock Deleted: Natural Heritage Wetlands - 3741 (Tsuga heterophylla), Oregon White Oak (Quercus garryana) and Englemann Spruce Weilands that are 3742 (Picea engelmannii); ( Deleted: scientists of the —� I 3743 v) Forested wetlands with stands of Aspen; ', Deleted: as high quality, relatively undisturbed wetlands, or wetlands that 3744 vi) Wetlands scoring 70 points or more (out of 100) in the Eastern Washington Wetland support state Threatened, or Endangered 3745 Rating System. plant species; - 3746 b) Category II wetlands are difficult butpot impossible, to replace and provide high levels of Deleted: 3747 some functions., Category II wetlands include: Deleted: , though _ 3748 i) Forested wetlands in the floodplains of rivers; Deleted:. 3749 ii) Mature and old - growth forested wetlands with native fast growing trees, which Deleted: , 1 3750 include Alders (Red - Alnus rubra, Thin leaf - A. tenuifolia), Cottonwoods (Narrow Deleted: These wetlands occur more 3751 leaf - Populus angustifolia, Black - P. balsamifera), Willows (Peach leaf - Salix commonly than Category 1 wetlands, but 3752 amygdaloides, Sitka - S. sitchensis, Pacific - S.lasiandra); Aspen (Populus still need a relatively high level of protection. 3753 tremuloides); or Water Birch (Betula occidentalis) 3754 iii) Vernal pools 3755 iv) Wetlands scoring between 51 -69 points (out of 100) in the EWWRS; and, Deleted: Eastem Washington Wetland 3756 ii. Unassociated vernal pools. Rating System. 3757 iii. Forested Wetlands 3758 c) Category III wetlands are often smaller, less diverse and/or more isolated from other 7 3759 I natural resources, Category III wetlands include: Deleted: in the landscape than 3760 i) Wetlands vernal pools that are isolated, and Category n wetlands I 2/1/2008 _ _92 92 1 1 De 1 INDEX 1 I City of Yakima 15.27 CAO 1 3761 iv.wetlands with a moderate level of functions (scoring between 30 -50 points) in the 3762 EWWRS; and 3763 ii) Associated vernal pools, Deleted: Eastern Washington Wetland I 3764 d) Category IV wetlands have the lowest levels of functions, scoring less than 30 points in Rating System. 3765 the EWWRS. Category IV wetland are often heavily disturbed and, are wetlands that I Deleted: Eastern Washington Wetland 3766 should be able to be replaced., Rating System, and 3767 3) Wetlandyshall be rated, as they exist on the day of project application submission, as the ( Deleted:. These 3768 wetland naturally changes thereafter, or as the wetland changes in accordance with permitted Deleted: , and in some cases be improved. These wetlands may provide 3769 activities. However, illegal modifications to wetlands which have been made since the some important functions, and also need 3770 original adoption of the Critical Areas Ordinance (YCC Title 16A 19951 shall not be to be protected. - I 3771 considered when rating the wetland. Information regarding the original condition of illegally 7 The wetland rating categories 3772 modified wetlands that can not be discerned from aerial hoto a hs or other reliable ed in section (2), above, shall p p to projects which are 3773 information sources, shall use the highest appropriate points value within each missing data on or after the date of adoption 3774 field of the E W W RS rating sheet to complete the rating, ovisions. The wetlands I 3775 I Deleted: , which is needed to complete I the Eastern Washington Wetland Rating 3776 15.27.604 16C.07.05 Compensatory Mitigation Requirements, 1 System data sheets, 3777 Projects that propose compensation, for wetland acreage and/or functions are subject to State and I Deleted: I 3778 Federal regulations. Compensatory mitigation for alterations to wetlands shall provide for a no { Deleted: - 3779 net loss of wetland functions and values, and must be consistent with the mitigation plan i Deleted: to compensate 3780 requirements of ` 15 27.314Mitigation Plan Requirements in section 16C.03.17 (13). The - Deleted: ) (Compensatory Mitigation 3781 following,iocuments were developed to assist applicants in meeting the abo■;requirements. Plans I 3782 1) Compensatory mitigation plans, must be consistent with Guidance on Wetland Mitigation in guidance 3783 Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and Deleted: regulations and 3784 Proposals or as revised (Washington State Department of Ecology, U.S. Army Corps of - Deleted: 1 3785 Engineers Seattle District, and U.S. Environmental Protection Agency Region 10; Ecology 3786 publication number 04- 06 -013B - 3787 http: / /www.ecy.wa.gov /programs /sea/bas wetlands /volume2final.html). 3788 2) Compensatory mitigation application and ratios for mitigation of wetlands shall be consistent I 3789 with "Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing 3790 1 Wetlands — Appendix 8 -D- ,±,8-D3" or as revised (Washington State Department of Ecology. I Deleted: Section I 3791 Publication number 05 -06 -008 - 1 3792 http: / /www.ecy.wa.aov /programs /sea/bas_wetlands /volume2final.html). 3793 3794 1 15.27.605 16C.07.06 Wetland Mitigation Banks 3795 1) Credits from a wetland mitigation bank may be approved for use as compensation for I 3796 unavoidable impacts to wetlands when: 3797 I a) The bank is certified under RCW 90.84 orand its administrative rules WAC 173 -70(k { Deleted: 3 3798 b) The Administrative Official determines that the wetland mitigation bank can pro vidt;, 1 Deleted: provides I 3799 appropriate compensation for the authorized impacts; and I 3800 c) The proposed use of credits is consistent with the terms and conditions of the bank's 3801 certification. 3802 12) Replacement ratios for projects using bank credits shall be consistent with replacement ratios I 3803 specified in the bank's certification. 3804 3) Credits from a certified wetland mitigation bank may be used to compensate for impacts 3805 located within the service area specified in the bank's certification. In some cases, bank 1 2 /1/2008 93 93 1 1 DO INDEx 1 # J -1 Cite of Yakima 15.27 CAO 1 3806 service areas may include portions of more than one adjacent drainage basin for specific 3807 wetland functions. 1 1 1 1 1 1 1 1 2/1/2008 94 1 94 1 i DOC. INDEX / _ _� II Cite of Yakima 15.27 CAO I 3808 CHAPTER 15.27Chapter 16C.08 3809 PART SEVEN 3810 GEOLOGICALLY HAZARDOUS AREAS I 3811 3812 Sections Defined: 3813 15?7.70016C.08.01 Purpose and Intent I 3814 15.27.70116C.08.02 Mapping and Designation 3815 15.27.70216C.08.03 Geologically Hazardous Areas Protection Approach 3816 15?7.70316C.08.04 Supplemental Development Review Procedure for Geologically Hazardous 3 817 Areas I 3818 15.27.70416C.08.05 General Protection Requirements 3819 3820 15.27.700 16C.08.06 Critical Area Report— Geologic Assessment 3821 I 3822 16C.08.01 Purpose and Intent 3823 1) Geologically hazardous areas include those areas susceptible to erosion, sliding, earthquake 3824 or other geological events. These areas pose a threat to the health and safety of the City of Deleted: They I 3825 Yakima s citizens when incompatible development is sited in si,nitirant'\ hazardous areas. i Deleted: ofvakimaCounty 3826 \Vheljmitigation is not feasible, development within geologically hazardous areas should be Deleted: areas of significant hazard. 3827 ,avoided, some risks due to geologic hazards might 3828 2) The puiposs of this scowl) to: be capable of mitigation through I - - engineering, design, or modified 3829 a) Minimize risks to public health and safety and reduce the risk of property damage by construction standards so the level of risk 3830 regulating development oo i t i lj geologically hazardous areas; is vi ced to an acceptable level. However, when 3831 b) Maintain natural geological processes while protecting tic∎\and existing development; Deleted: is best I 3832 and Deleted: 3833 c) Establish review procedures for development proposals in geologically hazardous areas. Deleted: purposes 3834 1) 1 hu section does nut imply that land outside mapped ueoloWcally hazardous areas or 3835 uses permitted within such areas will be without risk. This section shall not create Deleted: chapter _are I 3836 liability on the part of the City of Yakima. any officer, or employee thereof for any I Deleted: on or adjacent to 3837 damages that result from reliance on this chapter or anv administrative decision lawfully Deleted: and new 3838 made hereunder. 3839 I 3840 15.27.701 3841 16C.08.02 Mapping and Designation 3842 1) Geologically hazardous areas are areas that are susceptible to one or more of the following, Deleted: types of hazards I 3843 based on WAC 365 - 190- 080,(4)(bi,(h): Deleted: 3844 a) Erosion hazards; Deleted: ) through 3845 b) Landslide hazards, which lncluds: Deleted: in the Yaknna County 3846 i. o‘ er steepened slopes; inventory includes I 3847 i) oversteepened slope hazards; 3848 ii) alluvial fan/flash flooding,; Deleted: hazards 3849 iii) avalanche, and, Deleted: hazards, I 3850 iv) stream undercutting, Deleted: ; 3851 c) Seismic hazards (referred to below as earthquake hazards); Deleted: hazards; 3852 d) Volcanic hazards; 1 2/1/2008 95 95 1 I 1 DOG. 1NDE) 1 # s1_/ Cite of Yakima 15.27 CAO 1 3853 2) The approximate location and extent of erosion ,hazard areas are shown on the City of I Deleted: Erosion _ 1 3854 Yakima's,critical area map titled "Erosion Hazard Areas of the City of Yakima ". Erosion { Deleted: County's 3855 hazard areas were identified by using the "Soil Survey of Yakima County Area, Washington" { Deleted: county 3856 and the "Soil Survey of Yakima Indian Reservation Irrigated Area, Washington, Part of 3857 Yakima County". The analysis utilized the general soil map unit descriptions of severe and I Deleted: count 3858 very severe hazard of water erosion. 1 Deleted: County I 3859 3) The approximate location and extent of Geologically Hazardous Areas are shown on the + Deleted: , with the corresponding map 1 3860 City's,critical area map titled "Geologically Hazardous Areas of the City of Yakim4'. The code in parenthesis, are 3861 following geologically hazardous areas have beenjrlapped and classified using the,criteria Deleted: stated , 3862 found in WAC 365- 190- 080(4)tb1;(h): Deleted: based I 3863 a) Landslide hazard areas (LS) – These include places where landslides, debris flows, Deleted :) 1 3864 or slumps havepccurred. Deleted: ) through 3865 i. High Risk areas (LS3) are defined as areas that are,presumed to have had a Deleted: already 3866 landslide. debris flow, or slump,within 10,000 years or less. Deleted: Where sliding is 1 3867 ii. Intermediate Risk areas (LS2) are defined as areas where landslides. Deleted: occurred 3868 debris flows, or slumps are,older than 10,000 years, but are still capable of Deleted: is shown as High Risk (LS3) 3869 movement, on the map. Slides thought to be 3870 a) Low Risk areas are defined as areas unlikely to tail. These areas, are unlabeled and Deleted: are shown as Intermediate 3871 combined with other Low Risk categories, Risk (LS2), Areas where slides are absen 3872 Deleted: areas 3873 b) Over steepened slope hazard areas (OS) - These include areas with slopes steep Deleted: s 3874 enough to create a potential problem, Deleted: risk 3875 i. ,High Risk areas (0S3) are defined as: Ha% inga high potential to fail, Deleted: have 3876 ,include slopes greater than 40 %, _and consist of areas of rock fall, creep, Deleted: and 3877 and places underlain with unstable materials. Deleted: also 1 3878 ii. Intermediate Risk areas (0S2) are ' • less likely to fail but 3879 are still potentially hazardous._ This category,includes between Deleted: some 3880 15 „ and 40 %. Deleted_, 1 3881 i) Low Risk areas are defined as: Areas to fail. These areas are unlabeled and Deleted: _ — 1 3882 combined with other Low Risk categories. Deleted: are 3883 c) Alluvial fan /flash flooding hazard areas (AF) - These areas include locations where Deleted: flooding 3884 flash tloods,can occur and are often associated with inundation by debris from Deleted: , 1 3885 flooding. These area may, include; Deleted: They 3886 i. Alluviatfans: Deleted: alluvial 3887 ii. Canyons: Deleted:. canyons, gullies, and small 3888 iii. Gullies: and Deleted: They do not include all areas 3889 ii) Small streams where catastrophic flooding can occur., where flash flooding may occur with 3890 iii) Avalanche risk hazard areas (AR) - Areas of avalanche hazards are limited, to areas Yakima County. Flooding may also occur in larger streams and rivers, but 3891 near,Cascade Crest. which are curretlli , u+..lde the (_'it\' of Yakinla's UGAs these are depicted in the "Floodlnsuranc 3 892 d) Stream undercutting hazard areas (SU) - These areas are confined to banks near Study for the Unincorporated Areas of Yakima County," dated March 2, 1998, 3893 I main streams and rivers where undercutting of soft materials may result. with accompanying Flood Insurance Rate 3894 i. High Risk areas (SU3) include steep banks of soft material adjacent to Maps (FIRMs) and Flood Boundary and Floodway Maps, and any amendments 3 895 I present stream courses. which may thereafter be made by the 3896 ii. Intermediate Risk areas (SU2) are banks along the edge of a flood plain Federal Emergency Management .., f2I 3 897 I but away from the present river course. I Deleted: (within the mapped .,, 22 3898 iv) Low Risk areas are unlabeled and combined with other Low Risk areas on the maps. Deleted: the (Deleted: . High Risk areas (At ,,. 123 2/1/2008 -- 96 96 1 1 r) 0 1 1NDE) -! �e .� 1 1 I City of Yakima 15.27 CAO I 3899 b) Earthquake activity hazard areas (EA) - Recorded earthquake activity in the City of 3900 Yakimajs mostly marked by low magnitude events and thus low seismic risk City 1 Deleted: County 3901 of Yakima's,Low Risk, areas unlabeled, and combined with other low risk hazards. Deleted: One exception is an area 3902 c) Suspected geologic hazard areas (SUS) — These are areas for which detailed geologic along Toppenish Ridge where Holocene faulting may have produced earthquakes 3903 I mapping is deticient ,but preliminary data indicate a potential hazard may exist. No risk of as touch as magnitude 7. Zones of 3904 assessment (1 -2 -3) is given for these areas. Most are probably OS or LS hazards. surficial fault scarps are shown on High Risk areas (EA3) while areas adjacent to II 3905 I d) Risk unknown hazard areas (UNK) - This category is limited tgareas where geologic the scarps are assigned Intermediate Risk 3906 mapping is lacking or is insufficient to make a determination. All of these areas are (EA2). 3907 associated with other classified geologic hazards. Deleted: rest of the county is 3908 Deleted: lacking I 3909 4) 4) Volcanic Hazard Areas are not mapped but are defined as areas subject to pyroclastic Deleted: In these 3910 (formed by volcanic explosion) flows, lava flows and inundation by debris flows, mudflows Deleted: , and most are located in 3911 or related flooding resulting from volcanic activity. Volcanic Hazard Areas in the City of 1 remote areas of Yakima County 3912 Yakimapre limited to pyroclastic (ash) deposits,, No specific protection requirements are ' --( Deleted: I 3913 identified for volcanic hazard areas. ( Deleted: County 3914 Deleted: While Yakima County 3915 5) 15.27.702 This chapter does not imply that land outside mapped geologically hazardous contains a portion of Mt Adams and is in close proximity to Mt Rainer, and Mt St. 1 3916 areas or uses permitted within such areas will be without risk. This chapter shall not create Helens, the threat of volcanic hazards is 3917 liability on the part of Yakima County, any officer, or employee thereof for any damages that minimal and limited to ash deposition. The more devastating effects of volcanic 3918 result from reliance on this chapter or any administrative decision lawfully made hereunder. activity such as lava flows, and lahars 3919 (volcanic landslide or mudflow) are not I 3920 16C.08.03 Geologically Hazardous Areas Protection Approach possible due to intervening ridges. 3921 The geologically hazardous areas protection approach can be met by following the guidelines 3922 below and by implementing the appropriate sections of the Building C'ode as adopted in I 3923 YMC Title 11. 3924 1) Erosion hazard areas — Protection measures for erosion hazard areas will be accomplished 3925 by implementing the regulatory standards for erosion and drainage control required under 3926 YMC: Title 11 ,Building Code Any future stormwater program erosion control measures _ 1 Deleted: YCC _ I 3927 that may be formally adopted by the Board of County Commissioners shall supersede YCC 1 Deleted: 13 ( 3928 Title 1 113 erosion control requirements. Standards to meet YCC Title 13 requirements can ' ( Deleted: . 3929 be met by the application of the Best Management Practices (BMPs) in the Eastern 3930 Washington Stormwater Manual (WDOE Publication number 04- 10- 0761 manual Deleted:) or I 3931 adopted by the City of Yakima, or any other approved manual deemed appropriate by the Deleted: County, _ 3932 Building Officiate Deleted: , including but not limited to 3933 2) Landslide hazard areas - P rotection measures for landslide hazard areas will be applicable Natural Resource 1 Conservation Service (NRCS) Field 3934 accomplished through the review process of 15.27.70316C.08.04 (Development Review Office Technical Guide (FOTG) BMP's 3935 Procedure for Geologically Hazardous Areas), by implementing the development standards and the Washington State Department of 3936 of 15.27.704,16C.08.05 (General Protection Re uirements , and by im lementin the Transportation pplies ion Highway hone ntal Manual. t1 ) p i; Application of the Environmental 3937 appropriate sections of the International Building Code (IBC) as adopted in YCC Title 13 Protection Agency (EPA) "Construction I 3938 (currently Section 16 Structural Design; Section 18 Soils and Foundations; and, Appendix J Rainfall Erosivity Waiver" is at the discretion of the Building Official on a 3939 Grading). case by case basis. 3940 3) Alluvial fan/flash flooding hazard areas - Protection measures for alluvial fan/flash I 3941 flooding hazard areas will be accomplished through the review process of 3942 1527.09.0416C.08.04 (Development Review Procedure for Geologically Hazardous Areas), 3943 by implementing the development standards of 16C.08.05 (General Protection 3944 Requirements), and by implementing the appropriate sections of the International Building 1 2/1/2008 97 97 1 1 1 DOC, INDEX 1-/ '. City of Yakima 15.27 CAO 1 3945 Code (IBC) as adopted in YCC Title 13 (currently Section 16 Structural Design; Section 18 3946 Soils and Foundations; Appendix J Grading; and, Flood Resistant Design and Construction 3947 (ASCE- 24 -98)). 3948 4) Stream undercutting hazard areas - Protection measures for stream undercutting hazard I 3949 areas will be accomplished by Critical Areas review for flood hazards, streams, and 3950 Shoreline jurisdiction, Deleted: , in addition to irnplementing 3951 1) Avalanche hazard areas - This condition is outside the City of Yakima's UGA and, the appropriate sections of the - International Building Code (IBC) as 3952 therefore, does not apply. adopted in YCC Title 13 (Flood Resis 3953 5) Avalanche hazard areas - Protection measures for avalanche hazard areas will be Design and Construction (ASCE- 24 -98) 3954 accomplished through the review process of 16C.08.04 (Development Review Procedure for 3955 Geologically Hazardous Areas), by implementing the development standards of 16C.08.05 I 3956 (General Protection Requirements), and by implementing the appropriate sections of the 3957 International Building Code (IBC) as adopted in YCC Title 13 (currently Section 16 3958 Structural Design; Section 18 Soils and Foundations; and, Appendix J Grading). 3959 6) Oversteepened slope hazard areas - Protection measures for oversteepened slope hazard I 3960 areas will be accomplished through the review process of * 15.27.70316C.08.04 3961 (Development Review Procedure for Geologically Hazardous Areas), by implementing the 3962 development standards of § 15.27.704.16C.08.05 (General Protection Requirements), and by I 3963 implementing the appropriate sections of the International Building Code (IBC) as adopted in 3964 YCC Title 13 (currently Section 16 Structural Design; Section 18 Soils and Foundations; 3965 and, Appendix J Grading). 3966 7) Earthquake /Seismic hazard area protection standards - Protection measures for 111 3967 earthquake/seism ic, hazard areas will be accomplished by implementing the appropriate Deleted: Seismic 3968 sections of the Building Code as adopted in YMC_Title 11 `` Deleted: International 3969 8) Suspected geologic hazard areas and Risk unknown hazard areas,- Protection measures Deleted: (IBC) 3970 for suspected geologic hazard areas and risk unknown hazard areas will be accomplished Deleted: YCC 3971 through the review process of o 3 and by implementing the de% elopment standards Deleted: 13 (currently Section 16 3972 of 15? 7.704.16C.08.04 (Development Review Procedure for Geologically Hazardous Structural Design; Section 18 Soils and 3973 Areas), by implementing the development standards of 16C.08.05 (General Protection Foundations; and, Appendix 3 Grading). 3974 Requirements), and by implementing the appropriate sections of the International Building Deleted: 3975 Code (IBC) as adopted in YCC Title 13 (currently Section 16 Structural Design; Section 18 3976 Soils and Foundations; and, Appendix J Grading). 3977 3978 15.27.703 16C.08.04 Development Review Procedure for Geologically Hazardous Areas 3979 1) The Administrative Official shall make a Determination of Hazard determination of hazard to 3980 confirm whether the development or its associated facilities (building site, access roads, 3981 limits of grading/ excavation/ filling, retaining walls, septic drainfields, landscaping, etc.) 3982 are: 3983 a) ,located within a mapped geologically hazardous area; Deleted: are 3984 b) ,abutting, or adjacent to a mapped geologically hazardous area and may result in or Deleted: are 3985 contribute to an increase in hazard, or pose a risk to life and property on or off the site; Deleted: , 3986 c) ,located within a distance from the base of an adjacent landslide hazard area equal to the deleted: are 3987 vertical relief of said hazard area; or -- 3988 d) ,located within the potential run -out path of a mapped avalanche hazard. 1 Deleted: are 3989 2) Developments that receive an affirmative,ietermination ofJ'lazard by the Administrative _ -{ Deleted: Determination 3990 Official under subsection (1) above, must conduct a,eologic hazard report as provided in --{ Deleted: Hazard Deleted: Geologic Hazard Report 2/1/2008 98 98 1 1 DOC. 1 INDEX U`.li 1 I I City of Yakima 15.27 CAO I 3991 1527.315(316C.03.18(4) (Supplemental Report Requirements — Geologically Hazardous 3992 Areas), which may be part of ageo- technical report required ) elow. -( Deleted: GeoTechnical Report 3993 a) If thegeologic hazard report determines that no hazard exists or that the project area I Deleted: under additional review I I 3994 lies outside the hazard, then no Geologic Hazard review is needed. { Deleted: Geologic Hazard Report 3995 b) The Administrative Official is authorized to waive further Geologic Hazard review 3996 for over steepened slopes on the basis geologic hazard review for oversteepened I 3997 slope hazards on a determination that the hazards identified by the Geologic Hazardin 3998 the geologic hazard report will be adequately mitigated through the issuance of a 3999 grading or construction permit, { Deleted: under 4000 3) Developments that receive an affirmative j etermination of, azard, but do not meet the ( Deleted: s I 4001 provisions of paragraph 2a or 2b above, must: { Deleted: Determination 4002 a) Obtain a Critical Areas Development Authorization under Part Three;16C.03 { Deleted: Hazard 4003 (Application and Review Procedures); 4004 a) Submit ageo- technical report that is suitable for obtaining grading and construction - , Deleted: GeoTechnical Report I 4005 permits that will be required for development: Deleted: the 4006 The geo technical report shall ,incorporate submitted assessment, which Deleted:. �I 4007 incIude-,the design of all facilities; Deleted: should I 4008 ii) A ,lescription and analysis of the risk associated with the measures Deleted: the 4009 proposed to mitigate the hazards, and Deleted: include 4010 b) iii) Ensure the,public safety, and protect property and other critical areas, 4011 c) Be consistent with 15? 7.704the.General Protection Requirements of section 16C.08.05 Deleted: and include a I 4012 (General Protection Requirements). Deleted: ensure 4013 Deleted: _ and: 4014 j 15.27.704160.08.05 General Protection Requirements I 4015 1) Grading, construction, and development and their associated facilities shall not be located in 4016 a geologically hazardous area, or any associated setback for the project recommended by the 4017 geo- technical report, unless the applicant demonstrates that the development is structurally _ - f Deleted: GeoTechnical Report i 4018 safe from the potential hazard, and that the development will not increase the hazard risk I 4019 onsite or off -site. 4020 2) Development shall be directed toward portions of parcels, or parcels under contiguous 4021 ownership, that are at the least risk of hazard in preference to lands with higher risk, unless 4022 determined to be infeasible in thegeo- technical report. Deleted: GeoTechnical Report j I 4023 3) The GeoTechnical ' port shall incolporategeo- technical report shall recommend methods to 4024 ensure that education about the hazard and any recommended buildable area for future Deleted: the information and 4025 landowners is i i , ICS Deleted: over the long tens I 4026 4) The applicable requirements of grading and construction permits for developments in 4027 hazardous areas must be included in the development proposal and GeoTechnical Report. 1 1 1 2nrz008 — ... 99 99 1 1 1 iOc. INDD I Lj.....2...„.„ City of Yakima 15.27 CAO 1 4028 1 CHAPTER 15.27eeo- technical report. , 1 1 1 1 1 1 1 2i1/2008 100 100 1 1 ,O 1 . / .. _�. 1 I I City of Yakima 15.27 CAO ' 4029 Chapter 16C.09 4030 PART EIGHT 4031 CRITICAL AQUIFER RECHARGE.AREAS (CARA) Deleted: RECHAGE I I 4032 4033 Sections Defined: 4034 15.27.80016C.09.01 Purpose and Intent 4035 15.27.80116C.09.02 Mapping I 4036 15.27.80216C.09.03 Protection Approach 4037 4038 15.27.800 16C.09.04 References I 4039 4040 16C.09.01 Purpose and Intent 4041 1) The Growth Management Act (RCW 36.70A) requires local jurisdictions to protect, areas Deleted: , through designation and 4042 with a critical recharging effect on aquifers used for potable water, or areas where a drinking protection, I 4043 aquifers are vulnerable to contamination, These areas are referred to as Critical Aquifer Deleted: aquifer is 4044 Recharge Areas (CARA) in this section,, Deleted: that would affect the 4045 2) Potable water is an essential life sustaining element and much of the City of Yakima's, potability of the water - 4046 drinking water comes from groundwater supplies. Once groundwater is contaminated it can I Deleted title. 4047 be difficult ancd costly, to clean,. In some cases, the quality of groundwater in an aquifer is ` Deleted: Much of Yakima County's 4048 inextricably linked to its recharge area_ Deleted: . 4049 3) The intent of this section is to: Deleted:. and sometimes impossible ' I 4050 a) Preserve, protect, and conserve the City of Yakima' ,CARA from contamination; _ Deleted: ❑p 4051 b) Establish a protection approach that emphasizes the use of existing laws and regulations (Deleted: chapter 4052 while minimizing,the use of new regulations. Deleted: chap tna County's 4053 4) It is not the intent of this ordinance to: — 4054 a) Regulate, everyday activities (including the use of potentially hazardous substances that Deleted: ,a minimizes 4055 are used in accordance with State and Federal regulations and, label specifications); Deleted: regulate 4056 b) Enforce prevent illegal activities; Deleted: according to I 4057 c) Reeulate,land uses that use or store small volumes of hazardous substances (including in- Deleted: according to -_ 4058 field agricultural chemical storage facilities, which do not require permits, or are already Deleted: enforce 4059 covered under existing state, federal, or county review processes and have detailed permit Deleted: regulate 4060 review); I 4061 d) Establishadditional review for septic systems, which are covered under existing C in of Deleted: establish 4062 Yakim ;review processes Deleted: County 4063 e) Establish additional review for stormwater control, which 6, covered under existing Deleted: and have detailed penn it I 4064 preview processes and has, detailed permit review, or; review by another agency 4065 f) Requir,review for uses that do not need building permits and/or zoning review. Deleted: establish 4066 Deleted: are 4067 The above items are deemed to have small risks of CARA contamination or are beyond the Deleted: County I 4068 development review system's ability to control. Deleted: have 4069 Deleted: require �) 4070 15.27.801 16C.09.02 Mapping - I 4071 1) Mapping Methodology – The CARA t, depicted in the map titled "Critical Aquifer Deleted: are I 4072 Recharge Areas of the City of Yakima' located within the City's 2006 Comprehensive Plan. Deleted: County. j 4073 The CARA map was developed through a geographic information system (GIS) analysis 4074 using the methodology outlined in the Washington Department of Ecology "Guidance 1 2/1/2008 — — 101 101 –_ 1 1 DOC;. ±NDEX_ Cite of Yakima 15.27 CAO 1 4075 Document for the Establishment of Critical Aquifer Recharge Area Ordinances" (Publication - 1 4076 #97 -30). ; The approximate location and extent of critical aquifer recharge areas are depicted Deleted: Yakima County has 4077 pn the above- mentioned map, and are to be used solely as a guide for the City. ,The CARA determined this analysis to be the best available science at the time the analysis 4078 map estimates areas of moderate, high, and extreme susceptibility of contamination, as wel I was conducted. This analysis was at a 4079 as wellhead protection areas. In characterizing the susceptibility of these coarse, countywide scale, rather than a site specific assessment. 4080 - echarge areas with regard to contamination, the ,following physical characteristics were Deleted: shown 4081 utilized: - 4082 a) Depth to ground water; Deleted: county, project applicants and/or property owners, and may be 4083 b) Soil (texture, permeability, and contaminant attenuation properties); updated as more detailed data becomes 4084 c) Geologic material permeability; available 4085 d) Recharge (amount of water applied to the land surface, including precipitation and Deleted: to D eleted: in add to 4086 irrigation). 4087 Deleted: To characterize i 4088 2) Wellhead Protection Areas - The CARA map includes those Wellhead Protection Areas for Deleted: the 4089 which the City of Yakima ,has maps,,Wellhead Protection Areas are required for all Class A Deleted: GIS analysis used the 4090 public water systems in the State of Washington. _The determination of a wellhead protection Deleted: County 4091 area is based upon the time of travel of a water particle from its source to the well. _Water Deleted: 4092 purveyors collect sitespecific information to determine the susceptibility of the water source Deleted: 4093 to surface sources of contamination. Water sources are ranked by the Washington State ( Deleted: 4094 Department of Health with a high, moderate or low susceptibility to surface contamination. 4095 Wellhead protection areas are defined by the boundaries of the ten (10) year time of ground 4096 water travel, in accordance with WAC 246 - 290 -135. For purposes of this chapter, all 4097 wellhead protection areas shall be considered highly susceptible. 4098 4099 15.27.802 16C.09.03 Protection Approach 4100 1) Maps shall be used only as an informational resource to communicate with applicants 4101 regarding potential problems in the applicable laws on a particular site. The maps Deleted: on 4102 indicate that areas of high susceptibility Send to be located in xalley bottoms and follow along Deleted: with 4103 floodplain and stream corridors. Extreme, susceptibility locations are locatedjargely within Deleted: areas 4104 floodplains, and along streams and wetlands. Deleted: the II 4105 2) Land uses are subject to many existing, federal, state, local, or tribal laws regarding the Deleted:. web the extreme 4106 I handling of substances that may contaminate CARAs. ,Disclosure, educational information, _ 4107 and coordination of existing laws during existing review processes can accomplish the Deleted: being 4108 requirement to protect the CARA., Consequently, the City of Yakima's protection of the Deleted: Additional regulatory standards by Yakima County are not 4109 CARA shall be accomplished through normal project permit review under various Yakima needed. _ 4110 Municipal, Codes, especially the stream protection standards in Part Five Chapter 16C.06 Deleted: Critical Aquifer Recharge 4111 (Fish and Wildlife Habitat and the Stream Corridor System, including 1 5.27.508 section Areas. ^_, 4112 16C.06.10 (Prohibited Uses.); the Shoreline Use Table in YCC Title 11 16D, section Deleted: Yakima County's 4113 16D.10.05 and YCC Title 13 (Building,Code„ which provides detailed construction, use, and Deleted: County 4114 fire/life- safety standards for the storage and handling of dangerous and hazardous substances Deleted: ) 4115 to a greater extent than most existing state and federal laws. Deleted: and construction 4116 3) The Administrative Official shall develop and maintain a list of the relevant laws noted Deleted:) i 4117 I above. This list shall be informational, and is intended to be used in coordination with -- - 4118 development permit review. This list shall be periodically reviewed and updated so as to 4119 provide the most comprehensive list possible to inform project applicants of the requirements 4120 of other agencies. 2/1/2008 102 ' 102 1 1 DOC. 1 INDEX j - / 1 City of Yakima 15.27 CAO 4121 4) The Administrative Official shall also develop and maintain a table of land uses with the 4122 potential of being subject to the relevant laws noted above. The table shall be generated and 4123 maintained using the intent stated in 15?7.80016C.09.01(4),Purpose and Intent,. Deleted: ( _ I 4124 5) The BuildinLc Official and \\ atci Irii_ation Manager,.shall cooperatively develop Deleted ) 4125 questionnaires, to be filled out by new development permit applicants, which Deleted Administrative 4126 comprehensively establish the potential use, storage, and handling methods within the project Deleted: Budding Official I 4127 for substances that have the potential to contaminate groundwater. The questionnaires are 4128 intended to ensure full application of existing building and construction codes related to such 4129 substances in order to forestall new regulations. 4130 1 6) The,Building Official an ii 1\ am lrri <<ation 1\lanaler shall develop technical assistance and Deleted: Administrative official and I 4131 information materials to assist landowners and developers with understanding and meeting 4132 relevant existing federal, state, and local laws relating to CARAs. 4133 4134 I 4135 4136 4137 I 4138 4139 4140 4141 4142 4143 4144 I 4145 4146 4147 4148 I 4149 4150 4151 4152 I 4153 4154 4155 I 4156 4157 4158 4159 I 4160 4161 4162 I 4163 4164 4165 4166 1 2/1/2008 103 103 1 1 1 DOCo INDEX 1 44 J-I Cih of 1 akima 15.27 CAO ' 4167 4168 CIT1 OF i 1 1 1 1 1 1 1 1 1 1 1 2/1/2008 104 104 1 1 DOG, 1 INDEX III City of Yakima 15.27 CAO I 4169 YAKIMA, 1 Deleted: COUNTY 4170 CRITICAL AREAS ORDINANCE, ; Deleted: oRDwNCE 4171 Appendix A I 4172 Designated Type 2 Stream Corridors 4173 The following stream reaches within Yakima County are designated critical areas under the t Il\ 4174 of 1'akinla's Critical Areas Ordinance. ' 4175 1. BACHELOR CREEK; From source at Ahtanum Creek (SEC13- , Deleted: 4176 TWP12N -RGE16 EWM) downstream to its 4177 mouth at Ahtanum Creek (SEC1- TWP12N- 4178 RGE18E). I 4179 4180 3. 2. COTTONWOOD CANYON CREEK: 4181 From the south line of SEC32- Deleted: 4182 TWP13N- RGE17E, downstream to mouth at I 4183 Wide Hollow Creek (SEC36- TWP13N- 4184 RGE17E). 4185 I 4186 6.3. COTTONWOOD CREEK ( WENAS): From boundary of the L.T. Murray Wildlife 4187 Recreation Area (South line, SEC35- 4188 TWP15N- RGE18E) downstream to mouth 4189 at Wenas Creek (SEC12- TWP14N- I 4190 RGE18E). 4191 4192 4. COWICHE CREEK, NORTH FORK: Commencing at the north line of SEC36- I 4193 TWP14N- RGE15E, downstream to its 4194 confluence with the South Fork of Cowiche 4195 Creek (SEC3- TWP13N- RGE17E). 4196 I 4197 5. _HATTON CREEK; From its source at Ahtanum Creek (SEC18- Deleted: 4198 TWP12N- RGE17) downstream to its 4199 confluence with Ahtanum Creek (5L( 1 x- 4I 200 TWP12N- RGE18E). Deleted: SEC8- 4201 4202 s.6. LITTLE RATTLESNAKE CREEK: From the Wenatchee National Forest 4203 boundary (SEC30- TWP15N- RGE15E) I 4204 downstream to mouth at Rattlesnake Creek 4205 (SEC3 -TWP 15N -RGE 15N). 4206 4207 7. WIDE HOLLOW CREEK; From the east line of the SW 1/4 of the Deleted: I 4208 NW1 /4 (SEC28- TWP13N- RGE17E) 4209 downstream to the 1,101.1111 ac, the Yakima Deleted: municipal boundary for 4210 R i ‘ rr Deleted: City of ' 4211 Deleted: (SEC34- TWPI3N- RGE18E) 4212 8. WENAS CREEK: From the east line of SEC5- TWP14N- 4213 RGE18E downstream to its mouth at the 4214 Yakima River (SEC18- TWP14N- RGE19E). 1 2/1/2008 105 105 1 1 1 DOG. INDEX 1 # .. . -1 1 Page 17: [1] Deleted jpeters 2/1/2008 10:35:00 AM ) 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 I professional experience in wetland identification and assessment in the Pacific Northwest. (b) A qualified professional for stream corridors and habitat conservation areas must have 111 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. (h) Or other Page 31: [2] Deleted jpeters 2/1/2008 10:35:00 AM 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 1 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 additional substantial 1 adverse effects to the environment. The need for replacement resulting from a neglect of maintenance and repair is not considered a common method of repair. Page 31: [3] Deleted jpeters 2/1/2008 10:35:00 AM . As soon as the emergency is deemed abated by appropriate authorities, compliance with the requirements of this title is required, and may include removal of the emergency construction if non - structural construction measures can adequately deal with site issues. Page 31: [4] Deleted jpeters 2/1/2008 10:35:00 AM . A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be subject to a standard development permit 1 Page 31: [5] Deleted jpeters 2/1/2008 10:35:00 AM that are authorized by the sponsor of a watershed restoration plan and that implements the plan or a part of the plan 1 DOC. INDEX. 1 1 — — — — Page 38: [6] Deleted jpeters 2/1/2008 10:35:00 AM 1 that are the result from the proposal, and assess impacts on the critical area from activities Page 38: [7] Deleted jpeters 2/1/2008 10:35:00 AM I altered as a result of the proposal, or to reduce flood or geologic hazards to critical areas, the site, and other public and private properties. Page 38: [8] Deleted jpeters 2/1/2008 10:35:00 AM 1 mitigation for impacts to critical areas, Page 38: [9] Deleted jpeters 2/1/2008 10:35:00 AM that are the result from the proposal, and assess impacts on the critical area from 1 activities Page 38: [10] Deleted jpeters 2/1/2008 10:35:00 AM I for the assessment of critical areas impacts Page 38: [11] Deleted jpeters 2/1/2008 10:35:00 AM otherwise required by the subsequent articles of this title I Page 74: [12] Deleted jpeters 2/1/2008 10:35:00 AM distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean cooperative 1 and Page 74: [13] Deleted jpeters 2/1/2008 10:35:00 AM I at a variety of scales across the landscape. Key factors Page 74: [14] Deleted jpeters 2/1/2008 10:35 :00 AM the complexity of the environment, Page 74: [15] Deleted jpeters 2/1/2008 10:35:00 AM l inking large habitat areas, migration corridors offer a means by which to connect publicly protected lands and other intact habitat areas. Riparian corridors offer a 1 natural system of such linkages. Page 74: [16] Deleted jpeters 2/1/2008 10:35:00 AM ) species through stream, lake, pond and wetland standards; I Page 77: [17] Deleted jpeters 2/1/2008 10:35:00 AM in the watershed such as: nutrient retention and transformation, sediment retention, I metals and toxics retention and transformation P age 77: [18] Deleted jpeters 2/1/2008 10:35:00 AM functions, which includes habitat for: invertebrates, amphibians, anadromous fish, I _ resident fish, birds, mammals Page 77: [19] Deleted jpeters 2/1/2008 10:35:00 AM required to meet the biological needs of an animal. Different wildlife species have 1 different requirements, and these requirements vary over the course of a year. Page 79: [20] Deleted jpeters 2/1/2008 10:35:00 AM including special studies and management plans, which are neither produced or I maintained by the Yakima County Public Services Department, which are used to indicate the presence of Critical Areas, importance or ranking of critical areas 1 DOC. INDEX J -I 1 functions, or hazard or risk associated with Critical Areas. These information sources include, Page 96: [21] Deleted jpeters 2/1/2008 10:35:00 AM They do not include all areas where flash flooding may occur with Yakima County. Flooding may also occur in larger streams and rivers, but these are depicted in the "Flood Insurance Study for the Unincorporated Areas of Yakima County," dated March 2, 1998, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps, and any amendments which may thereafter be made by the Federal Emergency Management Agency, rather than on the Geologically Hazardous Areas Map. High Risk areas (AF3) are those most likely to experience flooding. These areas usually involve larger drainage areas, easily eroded sediments, and steeper gradients. Intermediate Risk areas (AF2) have some potential for flash flooding but involve smaller drainages and flatter slopes. Low Risk areas are where flash flooding is unlikely, are unlabeled and combined with other Low Risk areas on the map. Page 96: [22] Deleted jpeters 2/1/2008 10:35:00 AM 1 (within the mapped boundaries) Page 96: [23] Deleted jpeters 2/1/2008 10:35:00 AM . High Risk areas (AF3) are those in areas of high snowfall where avalanche scars are visible and slopes are steep to moderately steep. These areas could also be rated 0S3. Intermediate Risk areas (AF2) are usually adjacent to AF3 areas but where vegetation is still in place and slopes are moderate. AF2 and AF3 areas are mapped on the basis of aerial photography and observed scars. Climatic data (snowfall, wind direction, etc) are necessary for more detailed mapping. Low Risk areas, where avalanches are unlikely, are unlabeled and combined with other Low Risk geologic hazards 1 1 1 1 1 1 DOC. INDEX Jr-- 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 EXHIBIT LIST CHAPTER K 1 Matrix 1 EXHIBIT DOCUMENT DATE K -1 Matrix 1 -23 -08 1 1 1 1 1 1 1 1 • M E - MO 1 M r - • • r - - - • ATTACHMENT COMMENTS RECEIVED TO THE PROPOSED CRITICAL AREAS ORDINANCE UPDATE Note: Regional Planning Commission (RPC) Recommendations have not been filled hi from line I - 93 as the Commission noted to accept all changes as submitted in addition to the requested changes listed on lines 95 and 97. Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: All comments listed in the column have been reproduced exactly as submitted to the City. 1* 3 15.27.130 List in the middle nixes semi - colons and See comment #2 from DOE • Dean Patterson, Staff has addressed this with Motion — 2 " comas. This section should refer to the other Yakima County the change made to address purpose and intent sections in other parts that Planning Staff DOE's comment. Action - cover the different critical areas. Subsection (I c), as it is written, implies that continued degradation is OK if someone says so. But that whole situation is undefined for who and how. You need to be very careful about saying something like this. I recommend putting it • back to the County's language. 2 4 Lines 119 -120 We suggest you add this phrase to the end of Section 15.27.130(2)(e) Gwen Clear, This language was added as Motion — 2" [Section 15.27.130(2)(c)] the sentence: "unless improvement of the buffer Require the restoration of degraded critical Environmental requested by DOE. is needed for new development proposed on the areas for properties in a degraded condition Review Action - property" prior to the effective date of this chapter Coordinator, unless improvement of the buffer is needed Washington for. new development proposed on the State • property; Department of Ecology 3 . 5 Lines 148-152 Will the City then regulate mining activities ii. Mining, as defined in § 15.27.266, Gwen Clear, Language for mining was Action — that have impact areas less than acreage which is carried out under a Washington Environmental added stating "Mining, as threshold required by DNR for their permits? Department of Natural Resources reclamation Review defined in § 15.27.266, which Motion — 2 " permit is not subject to the geologically Coordinator, is carried out under a hazardous areas provisions of this chapter for .Washington Washington Department of erosion hazard areas, over steepened slope State Natural Resources reclamation hazard areas, landslide hazard areas and Department of permit is not subject to the suspected geologic hazard areas. Other Ecology geologically hazardous areas critical areas provisions continue to apply. 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. 4 4 15.27.140 Subsection I(a2) should use the historic 2) The adoption and amendment dates of the Dean Patterson, Adoption dates were changed. Motion — 2 " adoption dates for the Cities CAO and flood relevant regulations are provided below; Yakima County hazard ordinance — not the County's dates. i. Critical Areas Ordinance Planning Staff , Action - DDC. INDEX if _ I Page 1 • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: Subsections 1(a3 thru 5) should not be under adopted 1998; (a), but rather should be Subsection 1(b, c, and Flood Hazard Ordinance adopted 1981 • d). 5 7 15 27 200 This introductory section has two subsections. 15.27.200 Definitions Generally Dean Patterson, This definition was changed as Motion — 2 "` As (2) is 'written, you no longer need (1). Definitions listed in Part Two of this Yakima County requested. Subsection (2) should he clarified to read: "... document shall be applied to the regulations, Planning Staff Action - shall be applied to THE REGULATIONS, review, and administration of all critical REVIEW, AND ADMINISTRATION OF all areas, including Flood Hazard Areas, unless critical areas This will clarify that the the definition itself identifies the teen as definitions only apply to critical area issues. applying to Flood Hazard administration, in which case the definition only applies to that situation. 6 14 1527.106 Normal Appurtancences needs to he The definition can be found in section Dean Patterson, The section was renumbered Motion — 2 " relocated /renumbered alphabetically. 15.27 272 Yakima County and relocated as requested. Planning Staff Action - 7 14 15 27.269, 270, & 271 These definitions apply to FEMA laws. They 15.27.269 New Construction Dean Patterson, These definitions were Motion — 2 "` have been modified to related more to zoning "New construction" for purposes of Yakima County modified and approved by usage. In the County ordinance, New administering Part Four, means start of Planning Staff Chuck Steel from the Action - Constructton related to construction after the construction after construction plans were Department of Ecology's • date of adopting the first FEMA regulations, submitted to the City and the Building FEMA division. which had to do with vesting. The definition Division reviewed and approved the now means something very different. You construction plans to create a structure. should get specific continuation from the DOE 15.27.270 Non - Conforming Structure flood program to confirm that this is OK. The "Non - conforming structure" for purposes of same applies to Non - Conforming Structures administering Part Four, means a structure, and Non - Conforming Uses. In the County which was lawful prior to the adoption or ordinance, they related more to a date for amendment of this chapter, but which fails by grandfathered status based on the first FEMA reason of such adoption or amendment, to regs rather than on the zoning ordinance. conform to the present requirements of the zoning district in which it is located. In addition, the structure may not be permitted as a new structure under the terns of this chapter because the structure may not be in conformance with the applicable elevation and /or flood - proofing requirements. 15.27.271 Non - Conforming Use "Non - conforming use" for purposes of administering "Part Four ", 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 • INDEX Page 2 • NM MN • MI MI • 1111111 111111 NM 1111111 MI NM MI NM - - - s - • MI • - r - - - NM MN MI r MN • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: 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 to the applicable elevation and /or flood - proofing requirements. 8 15 15 27.278, & 279 The original County ordinance only had a 15.27.278 Recreation Vehicle Dean Patterson, The requested wording was Motion - 2 " definition for Restore, rather than Restore and "Recreation Vehicle" means a vehicle which Yakima County changed in according with the Restoration. The proposed Restoration is: Planning Staff submitted comment. Action - definition was derived from a sentence in our (1) Built on a single chassis; Restore definition. The current wording of (2) Four hundred (400) square feet or less Restoration has some odd grammar that makes when measured at the largest horizontal it unclear what it means. 1 recommend deleting projection; the text between "Restoration" and "does not (3) Designed to be self - propelled or imply ... ... Then the remaining sentence should permanently towable by a light -duty truck; • simply be attached to the end of the definition and, for Restore. (4) Designed primarily for temporary living quarters used during recreational, camping, travel, or seasonal conditions. 15.27.279 Restore "Restore" means to re- establish the basic functional properties listed in .§ 15.27.504 that • have been lost or destroyed through natural events or human activity with measures such as re- vegetation and removal or treatment of toxic materials. 9 16 15 27284 '...amended 1982 Shoreline Master Program 15.27.285 Shoreline Dean Patterson, Wording was changed as Motion - 2 " (definitions). should he amended to read "Shoreline," as used in this chapter, means Yakima County indicated in underline and '...current Shoreline Master Program." ' Then those water areas, the associated features, and Planning Staff numbering was changed to Action - its not dependent of an SMP of a particular the land areas that are subject to the State 15.27.285. date. Shoreline Management Act, as defined in RCW 90.58.030 and the City of Yakima's • current Shoreline Master Program - (definitions). 10 . . 17 Lines 651 -652 Suggest you add this phrase to the end of the Section 15 27.292 Stream Gwen Clear, The following language was Action - [Section 15.27.292 - Stream] sentence: "except those that are located within "Stream" means water contained within a Environmental added. They do not include and existing wetland channel, perennial, intermittent or ephemeral. Review irrigation ditches, wasteways, Motion - 2 " Streams include both natural watercourses or Coordinator, drains, outfalls, operational those modified by man (Example: stream Washington spillways, canals, stormwafer flow manipulation, channelization, and State runoff facilities, or other relocation of the channel). Department of artificial watercourses except They do not include irrigation ditches, Ecology those that are located within L r. • INDEX Page 3 • • q Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: wasteways, drains, outfalls, operational existing wetland or streams. spillways, canals, stonnwater runoff facilities, or other artificial watercourses except those that are located within existing wetland or streams. 11 17 15.27.294 Substantial Improvement was dramatically Dean Patterson, No change recommended. Motion - reduced in size. A major paragraph was deleted Yakima County This has been addressed if one that says the CUMULATIVE Planning Staff were to review the process and Action - IMPROVEMENTS over time are included in procedures used when the 50% threshold. This is important because reviewing an application. improvements less than 50% don't have to meet along with the IBC, ASCE -24 some important safety laws. As written, an and HUD 24 CFR Part 3280 existing structure can do one expansion of less that address flood hazard - than 50% after another to avoid meeting the regulations. See Section flood safety laws. This needs to he fixed. 15.27.407 Also section was Consult with the DOE flood program if you reviewed and approved as need to. written by FEMA /Ecology. 12 17 15.27 295 The definition of Use has been limited by No change Dean Patterson, In order to he consistent with Motion - 3 reference to the zoning district. But the use in Yakima County the rest of the zoning the ordinance is more general. There are lots of Planning Staff ordinance the word use in Action - existing uses that may not he allowed in the Section 15.27.296 refers to zoning district. In fact the term non- 15.02 Definition chapter for conforming use uses the word "use" but it the entire Zoning Ordinance. means the opposite of the current definition for Use. 1 recommend using the original County version. 13 17 Line 682 Suggest you add the phrase "support for after Section 15.27.299 Vegetative Buffer or Gwen Clear, The text has been changed to Action - [Section 15.27.299 the word provide in this sentence Buffer Environmental address the concern with the Vegetative Buffer or Buffer] "Vegetative puffer or Buffer" means an area Review underlined language. Motion - 2 " extending landward from the ordinary high Coordinator, water mark of a lake or streain and /or from Washington the edge of a wetland which is maintained or State otherwise allowed to provide support for the Department of performance of the basic functional properties Ecology of a stream corridor, wetland and other hydrologically related critical areas as set • forth in §§ 15.27.504 Functional Properties and 15.27.603 Wetland Functions and Rating. 14 18 15.27.299[(A)] Wildlife edit: ... but IS not limited too... 15.27.299A Wildlife Dean Patterson, The word "is' has been Motion - 2" "Wildlife" means' all species of the animal Yakima County . inserted into the definition. kingdom whose members exist in Washington Planning Staff Action in a wild state, which includes, but is not limited to, any mammal, bird, reptile, Doc. INDEX Page 4 • • MIN NM O• MN • Mu MN r r r OM MI r w r• • - - - - • - • • .w M • - - - r - r • Sort PAGE SECTION /POLICY CURRENT WORDING' PROPOSED WORDING PROPOSED COMMENT RPC Recommendation • BY: amphibian, fish, or invertebrate, at any stage of development. 15 18 15.27.299[(B)] Wildlife Habitat edit: ... and area WHICH. 15.27.299B Wildlife Habitat Dean Patterson, The definition has been Motion — 2 because of climate ...AND ... physical "Wildlife habitat" means an area which Yakima County changed to address the concern properties. has been ... because of climate, soils, vegetation, Planning Staff with the underlined language. Action - relationship to water, location and or other physical properties. which are identified as having a critical importance to the maintenance of wildlife species. 16 20 15.27.300[(5)(b)] The last sentence says that for any project, you Section 15.27.300(5)(B) - Critical Area Dean Patterson, It is important to understand it Motion —2 " can accept any other permit from another Development Authorization Required Yakima County is unnecessary for the City to agency (regardless of type or subject) and then When a determination has been made that Planning Staff require review on a critical Action - waive the CAO. This one sentence completely provisions of this chapter can be handled area if some other agency undoes the whole CAO, and needs to be through another applicable development through a separate permitting removed. The point of (B) is to allow the AO permit or authorization process, project process has addressed. Yet, it • to incorporate CAO review into another review proponents may be required to provide is also important to point out if that the AO has some say in. additional site plans, data and other there are components of the infomation necessary as part of that process critical areas that have not to ensure compliance with this chapter. The been reviewed by a separate Administrative Official's decision on the process those components will critical area development authorization shall and must follow the CAO be coordinated to coincide with other permits permitting process. So 0 can and authorizations. The Administrative be said that the City will not Official may determine to accept the just cart bloc rubber stamp development authorization and /or permits some critical area review. from the other reviewing agencies as complete compliance with the city's critical area ordinance: • 17 21 15.27.3011!) Need to drop the work "nonexempt" because Requested word was removed. Dean Patterson, Requested word was removed. Motion 7 2 " exempt reviews also need a review (see the Yakima County review process section) to check that the project Planning Staff Action - confornms to the standards (it only exempt from the permit process). Otherwise it would need an Adjustment. The County's original language • did include a couple of exclusions to this provision so that the Minor Activities Allowed • Without Permit or Exemption didn't have to follow this rule. My previous comments addressed this point: 18 21 15.27.301(2) Edit: ... Identification Form AND site plan, Section 15.27.301(2) Dean Patterson, The text has been changed to Motion — 2 " • the ... Upon receipt of a Critical Area Identification Yakima County reflect the concern. • • J NDEy Page 5 • • Sort PACE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: Form and site plan, the Administrative Planning Staff Action - . 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 he provided by the property owner. 19 21 Line 812 The following phrase should he added to the Section 15 27.301(3)(ii) Gwen Clear, The additional suggested Action - [Section 15.27.301(3)(ii)] end of the sentence - and the project will not Critical areas present, but no impact. If the Environmental language has been added as have an indirect impact the function of an Administrative Official or designee is able to Review illustrated in the underline Motion - 2 " adjacent wetland. determine the existence, location and type of Coordinator- wording. critical area and the project area is not within Washington the critical area and or the project will not State have an indirect impact on the function of an Department of . adjacent wetland. . Ecology 20 21 Line 828 • Add an additional subsection 5 under 15.27.301 Section 15.27.301(5) Gwen Clear, The additional suggested Action - [Section 15 27.301(5)] which states that The Administration Official The Administrative Official or designee shall Environmental language has been added as shall base wetland boundary determination on base wetland boundary determinations on Review illustrated in the underline Motion - . those criteria specified in the Washington State those criteria specified in the Washington Coordinator, wording. Wetland Identification and Delineation Manual State Wetlands Identification and Delineation Washington (1997). Wetland mitigation adequacy Manual (1997). Wetland mitigation State determination by the Administrative Official adequacy determination by the Department of shall he consistent with Wetland Mitigation in Administrative Official shall be consistent . Ecology Washington State. Parisi and 2 (March 2006). with the Wetland Mitigation in Washington The addition of this language will help assure State, Parts 1 and 2 (March 2006 or as that Administration officials base their updated). decisions on Best Available Science. 21 21 -22 15 27.302 Pre - Application Conference. The mandatory No change Dean Patterson. 0 was felt that a mandatory Motion - 2 "` pre - application meeting was changed to non- Yakima County requirement provided staff no mandatory. For actually administering the Planning Staff option but to hold a meeting. Action - CAO, a mandatory meeting is possibly the Yet there are tines when it is most important step in the process: It ensures not necessary to hold a that the applicant be aware of the issues before meeting when the application submittal, and allows staff to confirm the is professionally done. presence of critical areas in a site visit. it • should be kept. 22 22 15 27.303 Given that the list of items describes things that No change Dean Patterson. In the County's CAO there are Motion - can be done without a review, and that these Yakima County several examples provided for types of items can be very similar to things that Planning Staff many separate section. Yet it Action - DO need review, its important to be very clear was felt this was unnecessary about them. There are several deletions from and not consistent with how . the County version that take away the clarity. other development regulations DOL. INDE7. • Page 6 - - - - -- - — -- - --- - - - - - - - - -- - - -- -- -- - S— +r • MI r• NM • MI r MN r ii • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: Examples are: the deleted subsection that • are written, which may cause covers cutting down trees and shrubs etc., the reader to believe the list is references that say the activity may not be all inclusive causes further covered here but may be allowed with an confusion.• exemption review, the clarification about • expanding canals /ditches etc.. These clarifications are important for both applicants and staff. 23 23 15.27.304(subsections) A subsection was dropped that talks about No change Dean Patterson, Motion - 2 " conditions to ensure compliance with the Yakima County standards. It is important because many Planning Staff Action - projects that may be exempt can reasonably be expected 'to have trouble meeting certain standards. The conditioning ability helps ensure that measures to stay in conformance are • used. 24 23 15.27.304(8) This is a very important subsection. The Section 15 27.304(8) . Dean Patterson, It can be seen in the first Motion - 2 "` changes to this subsection dropped the The following activities are exempt from the Yakima County paragraph of this subsection reference to what the exemption is from, which standard development permit process and Planning Staff that an exempt may be granted Action - is the Standard Development Permit process. identified in the following locations. for one critical area but it does This means that even if its exempt from the However, this provision does not exempt an not relieve the applicant from Standard permit, BUT it can't meet a standard. activity from other parts, permits or 'reviews other critical area its NOT exempt front the Adjustment permit required under Ch. 15.27: requirements. Therefore, the process. The proposed text also dropped concern expressed has been specificity about permits required under addressed by the present different ordinance Parts (formerly chapters) for proposed language. different critical areas. Each critical area is designated in its own Part. That is why the references to those Parts is needed. The specificity also make it clear that something may be exempt from the HRCA, but not from the GeoHazards, etc,. This may sound esoteric, but 0 is .possibly the MOST COMMON situation. ALL THE DELETED TEXT NEEDS TO BE PUT BACK IN!!! 25 23 Under 15.27.304(5) "Alt exempted activities shall use reasonable 15.27.304 Documented Exemption- Lynn Kohn. This is a documented Action - Docuniented Exemption - methods to avoid potential impacts to critical Procedural Requirements. Growth exemption process with Procedural Requirements areas. The terns "reasonable methods" is very The following development activities are Management procedures that must be meet Motion - subjective and more information is needed. The exempt from standard development permits, Planner, as indicated in subsection (6) wording that Yakima County used in their CAO except that Flood Hazard exemptions shall Washington may provide more clarity: "To be exempt from follow the exemption procedures found in § State this title does not give permission to degrade a 15.27.403. Exemption from this chapter shall Department critical area or ignore risk from natural follow procedures 6 a) below. and does not CTED hazards..." and refer to the requirements in under any circumstances give permission to D00. 'NDFY Page 7 K - -1 • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: your CAO, Section 15.27304(6)(a -b) which degrade a critical area or ignore risk from require a written request for a documented natural hazards. Any incidental damage to, or exemption with specific parameters including alteration of, a critical area that is not a best management practices and restoration for necessary outcome of the exempted activity disturbed areas. shall be restored, rehabilitated, or replaced at. In addition, you could include some language the responsible party's expense, according to similar to the County's under the pre- § 1527.521 Reclamation. application conference section which includes: 1) Exemptions shall he construed narrowly "Determine whether the project can he and any exempted development shall be processed as an exemption, or if not what type consistent with the policies and provisions of permits or reviews may he needed. Final of this chapter. determination of necessary permits will be 2) If any part of a proposed development is make based on the project design and submitted not eligible for an exemption, then a materials.- development permit is required for the entire proposed project. 3) The burden of proof that a development or use is exempt is on the applicant. 4) When a development or use is proposed that does not comply with the hulk, dimensional and performance standards of this chapter, such development must also obtain an Adjustment. 5) All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. 6) The proponent of an exempt activity shall submit a written request for a documented exemption which states the following:, a) Why the exemption is being sought. b) A project description that demonstrates the following: - i) The sequence of activities to be conducted, ii) The equipment to be used (hand or mechanical), iii) The best management practices to be used iv) The efforts employed to minimize adverse impacts, and v) Restoration for disturbed areas • following the activity including mitigation for lost wetland functions. • DOG. t 'oEy Page 8 4 K ® ®® r IINN ow No ® ow =I Ima am me NM i INN EN NM MI • OM NM MI r • • r • - - • - • • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: 26 23 Line 900 The following phrase should be added to the Section 15.27.304(6)(6)(v) Gwen Clear, The additional suggested Action — [Section 15.27.304(6)(b)(v)] end of the sentence: "including mitigation for Restoration for disturbed areas following the Environmental language has been added as lost wetland functions." activity including mitigation for lost wetland Review illustrated in the underline Motion — 2 functions. Coordinator, wording. Washington State • Department of Ecology 27 23 -24 15 27.305 The same argument noted above about what No change Dean Patterson. It can be seen in the first Motion — 2 °11 the exemption is from applies in this section Yakima County paragraph of this subsection too. There are many deletions in this section. It Planning Staff that an exempt may be granted Action - is based on Shoreline exemptions. We used for one critical area but it does them because there were no exemptions for not relieve the applicant from GMA, but we also wanted to be able to use the other critical area same exemptions for both shoreline areas and requirements. Therefore, the non - shoreline areas. If you change them for concern expressed has been your CAO. you wont be able to use them for addressed by the present you SMP later. The Shoreline WACs are very proposed language. specific about the exemptions. If you want to be able to use them for your SMP, you should Since the CAO update is a put them back to the original County text. In separate development addition: the exemption for small projects less regulation than the Shorelines than $5000 is missing; the exemption for regulation, the shorelines ag /ranching /irrigation is missing (I know there • . exemption should not and have is still such activities happening in the city); the not been used in this update. exemption for navigation aids is missing; and the exemption for dikes and drains has been The concern implies that staff deleted. Emergency exemptions, sub (e) has a and other reviewing agencies grammar problem. The Fish and Wildlife are not going to review the Habitat exemption has been greatly expanded entire project. Each exemption by the deletion in the first sentence. The way as mentioned before must he its worded now, a WalMart or other use can say document with supporting they are doing a little habitat work and get an information. exemption for their whole project. The hazard tree exemption had the limits deleted, so that now 0 can be read to allow buffer clearing with little consideration. 28 24 Section 1527.305[(1)] It is not appropriate to exempt single family Section 15 27.305(1) Gwen Clear The additional suggested Action — [Documented Exemptions residences from compliance with conformance Construction of a single- family residence and Environmental language has been added as for Hydrologically Related with buffer requirements. Single family appurtenances where the residence and Review illustrated in the underline Motion — 2" Critical Areas and Wetlands] residences on lots less than 1 acre in size are appurtenances meet all requirements of the Coordinator, wording. considered to be "highly intensity uses' with City of Yakima and do not he within a Washington - respect to potential for wetland impacts. designated critical area or buffer (See Single- State Family Dwelling and Normal Appurtenances Department of iOi=- NDF_X Page 9 # K-( • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: definition §§ 15.27.287 & 15.27.272). Ecology Applications for development within critical areas or their huffers shall follow the procedures of 15.27.317 Adjustments. 29. 24 Line 917 - Section 15.27.305 This section essentially appears to allow all Section 15.27.305(1)(a -h) Gwen Clear, The additional suggested Action - [Documented Exemptions single family residences to have no huffers or (1) Construction of a single- family Environmental language has been added as for Hydrologically Related extremely small buffers next to wetlands residence and appurtenances where the Review illustrated in the underline Motion - 2 Critical Areas and Wetlands] without issuance of a City CAO permit. It is residence and appurtenances meet all Coordinator, wording. not clear in the language that such a situation requirements of the City of Yakima and do Washington would require an Adjustment. The need for an not lie within a designated critical area or State adjustment should he made clear. Single family buffer (See Single - Family Dwelling and Department of residential development on less than 1 acre is Normal Appurtenances definition §* Ecology considered a high intensity use. Therefore, the 15.27.287 & 15.27.272). Applications for • maximum buffer size should be applied. There development within critical areas or their also should be a requirement for mitigation buffers shall follow the procedures of sequencing and an approved mitigation plan for 15.27.317 Adjustments. wetland impacts in any instance where buffer a) Construction shall not involve placement sizes are not adequate to protect for impacted of fill in any wetland or at locations wetland functions. How would the City track waterward of the ordinary high. water mark; wetland mitigation requirements if there is not a and pennit? We recommend that Single Family b) Construction authorized under this Residential developments trigger a Critical exemption shall be located landward of the Areas pennit. ordinary high water mark. • 30 24 Under 15.27.305(I)(b) Construction of a single - family residence where Section 15.27.305 - Documented Exemptions Lynn Kohn, The concern about Action - Documented Exemptions for the residence meets all requirements of the City for Hydrologically Related Critical Areas and Growth appurtenances was addressed Hydrologically Related of Yakima. "Construction authorized under this Wetlands Management by providing the definition Motion - 2' Critical Areas and Wetlands exemption shall be located landward of the The following development activities are Planner, reference for this word rather ordinary high water mark. We suggest that exempt from standard development permits, Washington than repeating the detinition.or you include "appurtenances and give examples except that Flood Hazard exemptions shall State providing examples. such as decks, garages, driveways, utilities and follow the exemption procedures found in § Department so on, so that the developer understands that 15.27.403. CTED any construction must he located landward of (1) Construction of a single - family the ordinary high water nark. residence and appurtenances where the residence and appurtenances meet all requirements of the City of Yakima and do not lie within a designated critical area or buffer (See Single- Family Dwelling and Normal Appurtenances definition S§ 15.27.287 & 15.27.272). Applications for - development within critical areas or their • buffers shall follow the procedures of 15.27.317 Adjustments. a) Construction shall not involve placement DJ( NOD.. Page 10 • MI MI • r NM r Mr • r® MI r_- Mr OM I= MI INN • - r - - - - - - - - - • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: • of fill in any wetland or at locations waterward of the ordinary high water mark; and • b) Construction authorized under this • • exemption shall be located landward of the ordinary high water mark. 31 24 Line 928 — Section Construction of bulkheads should only be Section 15.27.305(2) Gwen Clear, The additional suggested Action — 15 27.305(2) [Documented allowed in emergency situations. Bulkheads Single - Family residence bulkheads, Which Environmental language has been added as Exemptions for are very damaging to stream resources and includes those structural and nonstructural Review illustrated in the underline Motion — 2' Hydrologically Related oftentimes only exacerbate the situation developments installed at or near, and parallel Coordinator, wording. Critical Areas and Wetlands] because later larger flood events can get behind to, the ordinary high water mark for the sole Washington the bulkhead structure and actually make things purpose • of protecting the single - family State worse. The County should require applicants to residence and appurtenant structures from loss Department of explain why a bioengineered erosion control or damage by erosion. Ecology option is not feasible before allowing a a) Normal protective bulkheads are not bulkhead to be built. exempt if constructed for the purpose of The County should include an analysis of creating dry land. potential risks associated with allowing any b) Bioengineering options shall be considered approved exemptions as part of the finding by the Administrative Official or designee document prior to exemption of (b) & (c) below. c) When repairing an existing bulkhead by construction of a vertical wall it shall be constructed no further waterward of the existing bulkhead. d) Bioengineered erosion control projects may he considered a bulkhead when the project has been approved by the Department of Fish and Wildlife; 32 24 Under 15.27.305(2) Single - Family residence bulkheads, we suggest Same as DOE's change. Lynn Kohn, See DOE's changes. which Action — that you include the statement that a normal Growth address CTED's concerns. • protective bulkhead is not exempt if constructed Management Motion — 2" for the purpose of creating dry land. Planner, Washington State Department CTED 33 24 Line 901 Typo: Change start of sentence to be Section 15.27.305(2)(b) Gwen Clear, The additional suggested Action — [Section 1527.305(2)(6)] "Administrative Official or designee Bioengineering options shall be considered by Environmental language has been added as [Documented Exemptions the Administrative Official or designee prior Review illustrated in the underline Motion — for Hydrologically Related to exemption of (b) & (c) below. Coordinator, wording. Critical Areas and Wetlands] Washington State Department of - ;DOC.. ai[lry Page 11 • • • • • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: Ecology 34 25 15.27.306 The same argument noted above about what the Dean Patterson. It can he seen u the first Motion — 2 "`' exemption is from applies in this section too. Yakima 'County paragraph of this subsection Planning Staff that an exempt may be granted Action - for one critical area but it does not relieve the applicant from other critical area requirements. Therefore, the concern expressed has been • addressed by the present • proposed language • Since the CAO update is a separate development regulation than the Shorelines regulation, the shorelines exemption should not and have not been used in this update. • The concern implies that staff and other reviewing agencies • are not going to review the entire project. Each exemption as mentioned before must he document with supporting information. 35 26 Line 1019 — Section The following phrase should he added to the Section 15.27.307(4) Gwen Clear, The additional suggested Action — 1527.307[(4)] Mitigation end of the sentence: Mitigation for wetland If an alteration to a critical area is Environmental language has been added as Requirements impacts should be in accordance ? ? ? ?[? have unavoidable, all adverse impacts to that Review illustrated in the underline Motion — 2 "` been added to eniphasis this sentence was not critical area and its buffers shall be mitigated Coordinator, wording. completed] for in accordance with an approved Washington Mitigation Plan and mitigation for wetland State • impacts shall be mitigated in accordance with Department of the Washington State Department of Ecology Ecology Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated). 36 51 15.27.XXX Exemptions for Habitats of Local importance No change Dean Patterson, Neither DOE nor CTED Motion — 2 Section 15.27.503] should be added back in. They are required by Yakima County commented on the lack of the GHB case law. Planning Staff information. No GHB case Action - law could be found to support the concern. • 37 28 15.27.312 In the conditioning authority, the authority for 15.27.312 Conditional Approval of Dean Patterson, There is no change to this Motion — 2"" conditions to ensure compliance with Development Authorization Yakima County section. It is understood when I r 1 , • :I�IDE. Page 12 K - 1 r . - • M r ® r - M ® r - _ MI ® - . ® • 1111111 11111 11111111 111111 - - - i M - - - - i N Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED • COMMENT RPC Recommendation BY: • development standards was deleted. This is In granting any development authorization, Planning Staff the Administrative Official Action - another major link that needs to be put back in. the Administrative 'Official or designee may impose conditions that You have to be able to condition to meet impose conditions to: "accomplish the purpose and development standards. This could he done by (I) Accomplish the purpose and intent of intent of this chapter that editing (1) to accomplish the purpose and this chapter. everything should be intent, AND MEET THE DEVELOPMENT (2) Eliminate or mitigate any identified addressed. If this is not the STANDARDS of this chapter. negative impacts of the project; case it would indicate the CAO (3) Protect critical areas front damaging is incomplete. and incompatible development. \Vhen an application is process it is process with all the YMC regulations and not just one or the other. 38 29 15.27.314(10) The section that requires a description of how Section 15.27.314(10) Dean Patterson, It can he seen in subsections Motion -2 " impacts or risks are avoided or minimized was At a minimum, a critical areas report shall Yakima County (c) and (d) that the adverse • deleted. This is the heart of Mitigation include the following information: Planning Staff impacts and any other impacts Action - Sequencing found in - .03.08. If you don't a) A site plan showing the proposed will be addressed. require it in the report. how do you make sure development footprint and clearing limits, its done? That section needs to be put back in. and all relevant critical areas and buffers; No change. h) 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 near by 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 near by facilities and uses potentially affected; DOC. ni IFy Page 13 K- • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: 39 30 15 27.314( 3)(a)(iv) Should be:... goals and OBJECTIVES Section 15 27.314(13)(a)(iv) Dean Patterson, The additional suggested Motion — 2 " A written report identifying environmental Yakima County language has been added as goals and objectives of the proposed Planning Staff illustrated in the underline Action - compensation including a description of: wording. 40 30 15.27.314113d) The sentence structure was changed so the Section 15.27.314(13)(d) Dean Patterson, The additional suggested Motion — 2" subjects and objects of the sentence are Performance Standards — The mitigation plan Yakima County language has been added as different from the original text It - s the Goals shall include measurable specific criteria for Planning Staff illustrated in the underline Action - and OBJECTIVES that need to be attained. evaluating the goals and objectives to ensure wording. Edit: "...criteria for evaluating whether or not the mitigation project has been successfully the goals and objectives of the mitigation attained. project have been successfully attained. 41 33 1527.03.316(2) The opening sentence talks about Level 1/2 Section 15.27.316(2) Dean Patterson. The sentence has been Motion — review, but the next sentence goes on to add Process - Standard Development permits shall Yakima County rewritten to address the Level 3 review. I would recommend adding be processed as either a Level (1) or Level (2) Planning Staff concerns as illustrated in the Action - Level 1/2/3 at the front. Review; and applications that are of a underline wording. significant size or scope may be processed as a Level (2) or (3) Review at the judgment of the Administrative Official or designee. 42 33 15.27.317(1) The second sentence talks about constraints Section 15 27.317 Adjustment • Dean Patterson, This is one of the differences Motion — precluding conformance with setbacks and I) Classification Criteria — For projects not Yakima County between the County's CAO buffers. The original text that included other required to be processed under RCW Ch. Planning Staff and the City's CAO. The Action - development standards was deleted. However, 90.58 (Shoreline Management Act), the County's CAO focuses on all the other standards could also he adjusted. Administrative Official or designee is larger parcel of property. Yet The text needs to be put back in. authorized to administratively adjust the the City's CAO parcel sizes development standards. Existing are in many situations smaller structures, parcel size, property than one (1) acre. boundaries, and other constraints may The present language and the preclude confmnance with building harmed. setbacks and vegetative buffers. Given • such constraints, administrative No change adjustments may be authonzed where the • site plan and project design include measures to ensure the protection and performance of the functional properties identified in § 15 27.504 Functional • Properties. Adjustments of vegetative buffer standards listed in Table 5 -1 and 5- 2 may be reduced to the minimum buffer width listed. Reductions below the minimum may he considered but require stricter criteria be met in subsection 3(d) below. Adjustments to prohibited use limits are not allowed. DOL. NDE Page 14 • • — 1111111 111111 1111111 '- an - — — - - — — — MI ON IIIIII 111111 111111 1111. IIIIII 1111111 Mir 1111111 Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: 43 34 Line 1368 -1369: Decision This section appears to allow for mitigation of Section 15.27.317(3)(c)(v) Gwen Clear The additional suggested Action - Criteria (c)(v) wetland losses at a 1:1 replacement ratio. This Replacement of lost stream corridor features Environmental language has been added as [Section 15.27.317(3)(c)(v)] is not consistent with requirements in section on an acre -for -acre basis and replacement of Review illustrated in the underline Motion - 2 Section 1527.604. lost wetlands in accordance with guidance Coordinator. wording. provided in the Washington State Department Washington of Ecology's Wetland Mitigation in State Washington State, Parts 1 and 2 (March 2006 Department of or as updated; Ecology 44 34 1527 317 (3)(c) The text changes also changed the scope of the Section 1527.317(3)(c)(v) Dean Patterson, Based on DOE's and CTED's Motion - section. by deleting the "including but not Replacement of lost stream corridor features Yakima County continents this section was limited to phrase. It now limits the alternative on an acre- for -acre basis and replacement of Planning Staff changed to address the Action - measures to ONLY the list, yet the Iist is far lost wetlands -in accordance with guidance concerns stated. short of the range of options that was intended. provided in the Washington State Department Furthermore, removing man -made facilities of Ecology's Wetland Mitigation in limited the options further. Consequently, Iist Washington State, Parts 1 and 2 (March 2006 of items that can he used to compensate for the or as updated; adjusted buffer or other standard is limited and applicants will have fewer alternatives they can do to get the adjustment. 45 34 Section 1527.317(3)(d)(iii) Ecology suggests that additional language be Section 15.27.317(3)(d)(iii) Gwen Clear This language was added to Action - Adjustnments added (iii) which make 0 clear that a mitigation The applicant shall prepare a mitigation plan, Environmental address DOE's concern. plan to make for lost functions of the wetlands which addresses the decrease of wetland or Review Motion - 2 and screams be required of the applicant as well: stream function clue to the decrease in buffer Coordinator. The applicant shall prepare 0 mitigation plop size. Washington which addresses the decrease of wetland or . Siate stream unction due to the decrease in buffer Department of size.' Ecology • • • i�!f1E1 Page 15 - - f� I ' • ■ Sort PAGE SECTION /POLICY . CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: 46 35 Section 1527.319 The section on Minor Revisions has extensive No Changes Dean Patterson. The minor revisions have very Motion — 2"` deletions and additions. We based the section Yakima County limited scope to what is on the SMA revision provisions. If the City Planning Staff allowed, but it does not relieve Action - wants to use similar provisions for its SMP, the applicant from other these changes will not he acceptable and you critical area requirements. should change them back to the original text. (1bib) should refer to "this chapter" rather than Since the CAO update is a 'these regulations." (Ibii) should drop the text - separate development about consistent with the SMP. (1biii) had the regulation than the Shorelines subject and object of the sentence changed (thus regulation, the shorelines changing the meaning of the sentence). The exemption should not and have USE should not be changed. It should he put not been used in this update. hack to the original. (2) should keep the need to notify previous parties of record, though a The concern implies that staff better word may he simply to INFORM therm. and other reviewing agencies are not going to review the entire project. Each exemption as mentioned before must be document with supporting . information. 47 35 Under 1527.319(1)(a) "Changes that are not substantive are not 15.27.266 Minor Revision Lynn Kohn, . A definition for minor revision Action — Minor Revisions to required to obtain a revision and may be "Minor Revision" for the purpose of this Growth was added. Approved Uses or allowed.° Part (b) goes on to explain in general chapter is as follows but not limited to: minor Management Motion — 2 Development what "substantive changes" refers to, however changes in facility orientation or location, Planner, some specific examples would be helpful such minor changes I structural design that does . Washington as found in the County's CAO. page 40 of the not change the height or increase ground floor State Planning Commission version: "Examples of area, and minor accessory structures (such as Department such include minor changes in facility equipment covers or small sheds near the CTED orientation or location, minor changes in main structure etc.). structural design that does not change the height or increase ground floor area, and minor accessory structures (such as equipment covers or small sheds near the main structure, etc)." 48 36 15.27.321 Last sentence of the section has an extra closed Parenthesis removed Dean Patterson, Change made. Motion — 2 " parenthesis mark after Veg. Buffers that should Yakima County be removed. Planning Staff Action - 49 36 Under 15 27.321 — General The section in the County's CAO on No change made. Lynn Kohn, The declarative covenant is not Action —. Critical Areas Protective Declarative - Covenants was left out of your Growth necessary or should be part of Measures CAO under 15.27.321 General Critical Areas Management this ordinance. The Motion — 2 " Protective Measures. The inclusion of this Planner, government should not be held j0 Is'; } 7 Page 16 '' K-1 - - - • - - - • - - ® - M- - - - - - - OM MI all NIB 111111 IIIII an an 111111 111111 11.1 OM OM all Mill 111111 1111111 111111 1.1111 Sort PAGE SECTION /POLICY. CURRENT WORDING PROPOSED WORDING . PROPOSED COMMENT RPC Recommendation BY: section seems to have merit for anyone Washington responsible for telling a considering purchasing property or a building State property owner or future on an area with critical areas. This information Department property owner the good and is not always included in real estate forms and CTED bad about the property. night prevent future problems for both the It is been said that in the sale purchaser and the critical area disclosure firm the seller must till out that there is a new question that indicates whether there are any critical areas within the property. 50 - Enforcement and Penalties There does not seem to he a section on No changes made. Lynn Kohn, The Enforcement and Action - Enforcement and Penalties in the CAO which , Growth Violations language, which would seem prudent to include so that Management include penalties was deleted Motion - 2 " developers will understand the consequences of Planner, from the CAO update. It was their actions. Washington felt the CAO could use the State same regulations for these Department critical areas as for the rest of CTED - the zoning ordinance and not have duplicating language. 51 46 In Section 15.27.413 Non- It would he helpful to add some explanation as No change Lynn Kohn. The Non - Conforming Use Action - Conforming Uses and to what property owners can or cant do with Growth provisions are found in Facilities • their structures. The explanation in the Management Chapter 15.19 of the zoning Motion - 2 " County's CAO on pages 57 -58 provides a better Planner, code to insure consistency. understanding of what's acceptable. Washington State It was unnecessary for the Department CAO and zoning to have CTED separate non - conforming sections. 52 52 [Section 15.27.500 - Purpose Subsection (5) "Protect fish and wildlife Section 15.27.500(6) Purpose and Intent Lynn Kohn, The concern has been Action - and Intent] habitats, vegetation, and ecological Corisen'e, restore,. and protect fish and Growth addressed with the additional Under Part Five, Fish and relationships... We noticed that you decided not wildlife habitats, vegetation, and ecological Management underlined language. Motion - 2 Wildlife Habitat and the to include "conserve and restore and well as relationships; Planner, Stream Corridor System, "protect" in that statement and wondered why. Washington ' • Purpose and Intent State Department . CTED• 53 52 15.27.500 The statement about No- Net -Loss of wetlands Section 15.27.500(3) Dean Patterson, This has been addressed by the Motion - 2 " was deleted from the Purpose and Intent list. Provide a zero net Toss of natural wetland Yakima County underlined wording. This is an explicit state requirement in addition functions and values. Planning Staff Action - to a general critical area requirement. • 54 52 15.27.501 The protection approach doesn't provide much No change Dean Patterson, This section was reviewed and Motion - 2 "' . discussion of the different types of fish and Yakima County felt to adequate by both DOE wildlife habitat. - .Consequently, its more Planning Staff and CTED. Action - • difficult to demonstrate that the ordinance has `v DL Page 17 KI • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING . PROPOSED COMMENT RPC Recommendation BY: taken them into consideration. The County version provides documentation of how habitat is addressed to demonstrate that it was considered. It also helps staff and the public understand how the CAO protects the different habitat elements. The section should be beefed up, or you may want to rethink the use of protection approaches for each critical area. Sg 52 15.27.503 The list of HRCAs should numbered as below, 15.27.502 Hydrologically Related Dean Patterson. This section has been changed. Motion — 2 "` and text edits made as noted. Note that the text Critical Area Features Yakima County but not to the level requested. below includes perennial and intermittent Stream corridors and other hydrologically Planning Staff The changes reflect comments Action - stream, but excludes ephemeral streams, which related critical areas include one (1) or more made by CTED. are the Type -5 streams. It also limits the lakes of the following features: and ponds to the ones designated under (2), (1) Any floodway or floodplain identified • meaning those on a Type -5 stream are not as a special flood hazard area regulated. 11 also references a specific size of identified by the Federal Emergency buffer using the buffer tables (the proposed text Management Agency (FEMA) as does not). identified in the Flood Insurance 1) Any floodway and Iloodplain ... (as in text) study or corresponding maps, is - 2) Perennial and intermittent streams, hereby adopted by reference and excluding ephemeral streams, including the declared to be part of this chapter; stream main channel and all secondary (2) Perennial and intermittent streams, channels within the Ordinary High Water excluding ephemeral streams, Mark; including the stream main channel and 3) Naturally occurring ponds under twenty all secondary channels within the acres and their submerged aquatic beds; and ordinary high water mark: • man -made lakes and ponds created within a (3) Naturally occurring ponds under stream channel designated under (2) above; twenty (20) acres and associated 4) All wetlands ... (as in text): submerged aquatic beds; and man - 5) Where specifically cited, any flood -prone made lakes and ponds created within a area ... (as in text): stream channel; 6) A buffer area extending on a horizontal (4) All wetlands as defined in § plane front the ordinary high water mark of 15.27.299; a stream channel, lake, or pond, designated (5) Any flood -prone area indicated by in this section or from the edge of a wetland U.S. Soil Conservation Service soil designated in this section according to the survey data; and distances set forth in Section 16C.06.16 (6) A buffer area for a stream channel, (Vegetative Buffers); lake, or pond or from the edge of a wetland, 56 52 Under Designation and You excluded perennial streams (Type 3) and 15.27.502 Hydrologically Related Lynn Kohn, This section has been changed, Action — Mapping: Section 15.27. Intermittent streams (Type 4) from features Critical Area Features Growth but not to the level requested. 502(1)(a) Hydrologically making up stream corridors and other Stream corridors and other hydrologically Management The changes reflect comments Motion — 2 " Related Critical Area Hydrologically related critical areas. This related critical areas include one (1) or more Planner, made by CTED. Features departs from the information found in the of the following features: Washington .D 011 •r1 )F', Page 18 • K -! • me no • NIP ® ® ® MI MI EN MI 1111111 1111111 • • M 1 • • Sort PAGE SECTION /POLICY CURRENT ll'ORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation • BY: county's CAO. Why? • (1) Any floodway or iloodplain identified State as a special flood hazard area Department identified by the Federal Emergency CTED 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; 57 53 Line 2140 Language in 1)(a) appears to exclude all No changes made. Gwen Clear Since this section addresses Action — [Section 15.27.503] streams fiara consideration. Are two sentences Environmental elements of "Habitat and needed for clarification? Review Habitat of Local Importance" Motion — 2 " Coordinator, procedures it was not Washington necessary to include the State streams as consideration. Department of Ecology 58 53 15.27.503 Header should read Habitats of 'Local Section 15.25.503(2) Dean Patterson. The subsection has been Motion — 2 " Importance. The Section needs restructuring as 2. Development Standards. Projects located Yakima County changed to some degree to follows. The first paragraph should he an intro within a Habitats of Local Importance, as Planning Staff address the concerns. Action - paragraph. The second paragraph should be designated in subsection (1) above, shall • subsection (1). You can put a header of meet the standards below, rather than the Designation on 0 if you like. Subsections (a — . development standards in §§ 15.27.508 — c) would be placed under (1). The free 521, unless review is also needed for a paragraph after (c) should be subsection (2), as Hydrologically Related Critical Area. follows, with the development standard placed a. Projects shall be designated using under 0: management recommendations established for the species or habitat (2) Development Standards. by federal and state agencies, or those Projects located within Habitats adopted for Species and Habitats of of Local importance, as Local Importance by the City of designated in subsection (1) Yakima. The department shall above, shall meet the standards consider the extent such below, rather than the recommendations are used in its development standards in decision on the proposal, and may 16C.06.10 through 16C.06.23 consider recommendations and advice /substitute the correct citations) from agencies with expertise. for Hydrologically Related Critical Areas, unless review is ; Page 19 • • • • • • • Sort PAGE • SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: also needed for a Hydrologically Related Critical Ares. (This turns off the requirement for a non -hydro Habitat of Local 'Importance to meet those standards, and use the one below instead) (a) Projects shall be designed using management • recommendations adopted for the Habitat of Local Importance by the County or City. The department shall consider -the extent such recommendations are used in its decision on the proposal, and may • consider recommendations and advice from the agencies with expertise. 59 54 15.27.504 Functional properties for Streams is missing Section 15.27.504(3) Dean Patterson, The subsection (a) has been Motion - 2 °, one of the most important functions, which is Lakes, ponds and wetlands generally provide Yakima County changed to address the the Biogeochemical ones. That should he similar functions and generally provide one Planning Staff concern. Action - • replaced into the list. The last sentence in item (1) or more of the following functional (6) talks about offsetting the reduction in puffer properties: by establishing a very small lot (my hest guess a) Biogeochemical functions that improve on what the statement means). This would water quality; actually cause more impacts to the critical area, h) Hydrologic functions maintaining the • not offset the reduction, and is contrary to BAS water regime in a watershed (flood flow and the principle of Mitigation. The original attenuation, decreasing erosion, and • county text should be used which talks about groundwater recharge); • doing things to replace the functions lost by the c) Food and habitat. reduction. 60 55 1527.505 The last sentence in item (1) should read: Section 15.27.505 - Streams, Lakes and Ponds Dean Patterson, The subsection (1) and (6) Motion - 2 Wetlands associated with Type -I streams are Typing System Yakima County have been changed to address not included. Item (6a) edit: ...the lake or For purposes of this chapter, the City of Planning Staff the concern Action - pond receives water FROM. Yakima hereby adopts a stream, lake and pond typing , system, for those features designated as critical areas in § 15.27.502 as follows: • (I) Type 1 streams are those waters, Page 20 1( I • • - - - • - • - - • - • - - - - - - - - S O O O O O O O O O O O O O O O O O Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: within their ordinary high water mark (OHWM), meeting the criteria as "shorelines of the state and "shorelines of statewide significance' under RCW Ch. 90.58. . Waters associated with Type 1 streams as defined in RCW Ch. 90.58 are not included. (6) - Lakes and Ponds a). Lakes and ponds not designated as a shoreline that receive water from the OHWM of a Type 2, 3, or 4 stream shall have the same surface water . type as the highest stream type from which the lake or pond - receives water. 61 55 Line 2261 - 15.27.505(6) This is a confusing section. It would appear Section 15.27.505(6) - Lakes and Ponds Gwen Clear Language was added to ensure Action - Lakes and Ponds that ponds associated or connected with type 2 a). Lakes and ponds not designated as a Environmental equal protection. streams have greater protection that those shoreline that receive water from the Review • Motion - 2 " associated with type 1 streams. Presumably OHWM of a Type 2, 3, or 4 stream shall have Coordinator, type 1 streams have more functional value than the saute surface water type as the highest Washington type 2 streams. Further explanation of this stream type from which the lake or pond State situation is warranted in order to be consistent receives water. Department of with BAS. The City may want to consider just b). Natural lakes and ponds, . not Ecology designating the lager ponds within City designated as a shoreline, that do not receive boundaries based on functional values in order water from the OHWM ofa Type 1, 2, 3, or 4 • to be consistent with BAS and to make things stream shall be Type 3 ponds. easier for the public. c). Lakes or ponds not designated as a shoreline that are connected to a Type 1 stream shall be Type 1ltonds. • 62 56 15.27.508 The note in the prohibited uses list seems to No change Dean Patterson, This allows the additional Motion - 2 " attempt to establish an exemption. This is the Yakima County agency review and permitting wrong place for 0 and it should be deleted here. Planning Staff authority to cover some or all Action - of the critical areas intents and purpose without duplicating the review process. 63 57 15.27.509(6) This should be the last item (e) under Dean Patterson, Item was moved to bottom of Motion - 2 "d subsection (5). (5) e. Yakima County list as item e. underlined. Matting or approved temporary Planning Staff Action - ground cover shall be used to • tlC.i Page 21 • • Sort PAGE SECTION /POLICY CURRENT \3'ORDiNG PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: control erosion until natural vegetative ground cover is successfully established. 64 58 1527.509(14) Delete 'Required so that there is not the Section 15.27.509(14) Dean Patterson, The word was removed to Motion - 3" implication that there is something called Development, construction, or uses within the Yakima County address the concern. "required maintenance hydrologically related critical area shall be Planning Staff Action - mitigated using mitigation sequencing as outlined in § 15.27.307 Mitigation Requirements. 65 60 Line 2470 - Table 5 -2 Ecology recommends that the City use buffers Table 5 - 1 & Table 5 -2 Gwen Clear This note was placed as a note Action - Wetland Buffers that, will protect from high .intensity uses. Most ** *The Administrative Official mat' not Environmental to both Tables to ensure the of the projects that the City would process approve reductions to the standard buffer Review Administrative Official's Motion -2" would presumably be of high intensity. The widths for wetlands that score medium (20- Coordinator, approval process. proposed City buffers are 50 feet less for all 28 points) or high (29 -36 points) for wetland Washington wetland categories (except for category 4 habitat function, except where it can be State wetlands) than those buffers recommended by s /sown that a particular wildlife species Department of Ecology, which are based on our synthesis of needs within the buffer can be met with a Ecology Best Available Science. smaller buffer.*** The minimum buffer standards as proposed will not be sufficient to protect wildlife fimctional values of wetlands. Ecology recommends that the addition of language in buffers table and ordinance text which states that "The standard hnJfers may not he reduced for ri'tlands that score medium (20 - 28 points) or high (29 - 36 points) . for wetland habitat . /unction, except where it can be shown that particular wildlife species needs within the huf /er can he met with 'a smaller hotter... 66 61 1527.515(1 1) The road standard about floodways added the Section 15.27.515(1 1) Dean Patterson, The additional language was Motion - 2'' provision ... unless an engineer can Roads and bridges within floodways must Yakima County included to address the demonstrate another appropriate method." This meet the requirements of § 15.27.411(8) and Planning Staff concern. Action - doesn't negate the flood hazard requirement. (3), unless an engineer can demonstrate This section just referred to it to remind people another appropriate method. that it also has to be niet. 67 62 1527.517(5) Shore Stabilization edit: continuous Section 15.27.517(5) Dean Patterson, The additional language was Motion - 2" maintenance. AND which Stabilization projects shall use design, Yakima County included to address the material, and construction alternatives that do Planning Staff concern. Action - not require high or continuous maintenance, and which prevents or minimizes the need for. subsequent stabilization of the shore's other • segments. • • Page 22 • • K - 1 r ® i - - ® - ® i • r ® • N MO d d D D O D D O o ==== Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED \VORDING PROPOSED COMMENT RPC Recommendation BY: 68 62 15.27.51 7(6) The edits changed the suhject of the text from Section 15.27.517(6) Dean Patterson, The additional language was Motion — 2 " • specific techniques to the Alternative Alternative Preferences Vegetation, herms, Yakmia County included to address the Preferences. The text should be: hioengineering techniques, and other Planning Staff concern as underlined. Action - nonstructural alternatives, which preserve the Alternative Preferences. Vegetation, benns, natural character of the` shore shall be ' bioengineering techniques, and other preferred over riprap, concrete revetments, nonstructural alternatives which preserve the bulkheads, breakwaters, and other, structural natural character of the shore shall he stabilization. While riprap, rock or other preferred over riprap, concrete revetments, natural materials shall be preferred over - bulkheads, breakwaters, and other structural concrete revetments, bulkheads, breakwaters stabilization. Riprap using rock or other natural and other structural stabilization. materials shall he preferred over concrete revetments, bulkheads, breakwaters, and other structural stabilization. 69 63 15.27.518(1) The original County text allowed dredging fur Section 15.27.518 - Dredging and Excavation Dean Patterson, This section has bezn changed Motion — 2" maintenance OR CONSTRUCTION OF The following provisions shall apply to Yakima County to reflect the intent of the WATER DEPENDANT USES. The proposed dredging and excavation within a designated Planning Staff requested changes hul in a Action - text drops the text above in all caps so that any hydrologically related critical area: different format as underlined. maintenance can be used as a justification for (1) Dredging in surface waters shall he dredging. This is radically counter to intent and allowed only where necessary: needs ro be changed hack. a. Because of existing navigation needs; b. Habitat improvement; c. Maintenance, and d. Construction of water dependant uses. 70 64 15 27.519(8) The parenthetical phrase should be changed to Section 1'S 27.519(8) Dean Patterson, The additional language was Motion — 2 " "(compensatory storage)°, which is the more Projects that propose fill shall make every Yakima County included to address the accurate tens. effort to acquire Ell onsite (compensatory Planning Staff eoncenras underlined. Action - storage) where appropriate. 71 • 64 Line 2631 — Section Regarding mining mitigation states. "Whenever Section 15.27.520(2) Gwen Clear The DOE s concern was Action — 15.27.520(2) feasible operations and subsequent use or uses Wherever feasible, the operations and any Environmental addressed by mitigating shall not cause permanent impairment or loss of subsequent use or uses shall not cause Review according to DOE s standard. Motion — floodwater storage, wetland or other stream permanent innpainnent or loss of floodwater Coordinator. corridor features. Mitigation shall provide for storage, wetland, or other streann conidor Washington the feature's replacement at equal value." features. Mitigation shall provide for the State While this language may be appropriate for the feature's replacement at equal value except Department of • - loss of floodwater storage or other stream wetlands which shall be mitigated according Ecology • corridor features, it is not appropriate for the to guidance in the Washington State mitigation of wetland losses. Wetland losses Department of Ecology s Wetland Mitigation Typically require mitigation ratios of greater in Washington State, Parts 1 and 2 (March than 1:1 to replace lost functions. Section 2006 or as updated). 15.27.604 of the proposed ordinance states that a K 1 Page 23 ■ Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: mitigation ratios should be consistent with State guidance documents. Is it the City's intention to treat the business of mining differently from other businesses or private individuals that would have to mitigate for wetlands losses at a higher ratio? in order to assure appropriate wetland mitigation and ordinance document consistency, Ecology recommends that you add the following sentence to the language in 15.27.520(2): "Wetlands losses shall be mitigated in a manner consistent with • requirements outlined in section 15.27.604." 72 64 -65 15.27.521 . items 7 & 8 should be combined. 8 should be No change Dean Patterson, It appears this could he written Motion — 2" added to the end of 7. They are really talking Yakima County both ways, but it was felt this about the same thing in a hierarchical way. Planning Staff should be left as presently Action - written. 73 • 66 15.27.600 The statement about No- Net -Loss of wetlands No change Dean Patterson, The intent of this section refers Motion — 2 was deleted from the Purpose and Intent of the Yakima County to the intent of section , Streams section. It needs to be either replaced Planning Staff 15.27.500 and therefore the Action - there or placed here. This is an explicit state concern is addressed. requirement in addition to a general critical area requirement. 74 66 Under 15.27.602 Protection You refer to wetlands and their functions being Section 15.27.602 Protection Approach Lynn Kohn, The concern has been Action — Approach protected using the standards found in Part Five Wetlands will be protected using the Growth addressed as indicated in. the — I think this should be Part Four? Protection Approach for Hydrologically Management underlining. Motion — 2 " . Related Critical Areas found in § 15.27.501. Planner, Wetlands and their functions will be protected Washington using the standards found in Part Four. State Department CTED 75 66 15.27.602 The protection approach for Wetlands relies on Section 15.27.602 Protection Approach Dean Patterson, The intent of this section refers Motion — 2" ` the approach for the Streain Corridor, which Wetlands will be protected using the Yakima County to the intent of section was pretty weak. The protection approach for Protection Approach for Hydrologically Planning Staff 15.27.501 and therefore the Action - Wetlands in the County version has been Related Critical Areas found in § 15.27.501. concern is addressed. greatly weakened here too. Might need to beef Wetlands and their functions will be protected up either the Wetland one or the Streams one. using the standards found in Part Four. Or maybe rethink the use of protection . approaches for the different critical areas. The statement in the County version about No -Net- Loss of wetlands was deleted from this section. As noted above, it is needed. 76 67 15.27.603(2b) A major type of Category 11 wetlands are Section 15.27.603(2)(b) Dean Patterson, The concern has been Motion — 2 " forested wetlands. But these are not included in a) Category i1 wetlands are difficult but not Yakima County addressed as indicated in the your list. They are important and common impossible to replace and provide high Planning Staff underlining. Action - Page 24 - K-i_ ENO • r MN Si ® MI - Mr 1111111 NM ® • i NM MS • MI • �v v v v v v =MI v v v v v v v v Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING • PROPOSED COMMENT RPC Recommendation BY: enough that they should be. levels of some functions. Category 11 wetlands include: i.Wetlands scoring between 51 -69 points (out of 100) in the EWWRS; and • ii. Unassociated vernal pools. iii. Forested Wetlands. 77 70 15.27.701(3a) Landslide hazards is missing the Low category, Section 15.27701(3)(a) Dean Patterson, The concern has been Motion — 2 "d whereas the other hazard sections have it. a) Landslide hazard areas (LS) — These Yakima County addressed as indicated in the include places where landslides, debris Planning Staff underlining. Action - 'flows, or slumps have occurred. • i. High Risk (LS3) is defined as areas • • that are presumed to have had a landslide, debris flow, or slump within 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.' 78 70 15.27.701(3c) The County version included a description of Low Risk areas are unlabeled and Dean Patterson, This section had the additional Motion — 2 the distinction between the regular FEMA flood combined with other Low Risk Yakima County language added to address the maps and the mapped flash flooding areas. areas on the neaps. Planning Staff concern. Action - This distinction should be pointed out. The section is also missing the description of what the different hazard levels mean like other sections have. 79 70 15.27.701(31) This item is really part of (e). No change Dean Patterson, Each subsection is addressing Motion — 2 "d Yakima County separate type of hazard. Planning Staff Action - Streanm undercutting hazard areas (SU) Earthquake activity hazard • areas (EA) Therefore, this was not change. 80 41 1527.407(4) Section 407(4) contains much of the wording in (4) Except where otherwise authorized, Charles L.' Change was made as requested Action — FEMA's floodprooting certification standard at all new construction and substantial Steele and shown in column five to I'DE a �_ ( Page 25 • • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: Section 60.3(c)(3), but is not acceptable improvements to existing structures shall Floodplain the left. Motion — 2 because: [ 1 ] it only applies to existing require certification by a registered Management structures; [2] a surveyor cannot certify professional engineer, architect or surveyor Specialist, structural floodproofing; and [3] Chapter 15.27 that the design and construction standards are Washington nowhere defines what the "adopted in accordance with adopted floodproofing State floodproofing techniques are. techniques. Department of (a) Utilities. Ecology / Since none of the floodproofing requirements (1) All new and replacement water FEMA are met as the Chapter is currently written, the supply systems and sanitary sewage best way to overcome this deficiency is to systems shall be designed to minimize or replicate Section 5.2 -2 from the FEMA Model eliminate infiltration of floodwaters into Ordinance into your Specific Standards at the systems and discharge from the 15.27.408. systems into floodwaters; and on -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (b) Subdivision Proposals. Subdivision proposals shall: (1) Be consistent with the need to minimize flood damage; (2) Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) Have adequate drainage provided to reduce exposure to flood damage; and (4) Include base flood elevation data. (a) In the cases where base flood elevation is not available and the subdivision is greater then 5 acres or 50 lots a step -back water analysis shall he require to generate the base flood elevation data. (c) 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 riveiine situations, the department shall notify adjacent communities, the Department of Ecology and FEMA of the proposed development. DOC. • FIDE° Page 26 • SIMI MN i • • i • MI • • •! i- i • MI MI MI IIIIII OM NM IIIII IIIIII in M MI M 1111.11 NM NM 11.1 I E MI ME Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: , 81 13 15.27263 At 1527.264, the definition of Existing Charles L. Definition and numbering was Action — Manufactured Honie park or Subdivision, the 15.27.263 Manufactured Home Park or Steele changed as requested. date October 1, 1995 needs to be changed to Subdivision, Existing Floodplain Motion — 2 "d December 15, 1981 "Existing manufactured home park or Management subdivision" means a manufactured home Specialist, park or subdivision that was completed before Washington December 15, 1981, the effective date of the State tloodplain management regulations. Department of ' Ecology / FEMA 82 Does 15 27.403(4) At Section 15 27.403(4). "an accessory barn or Item was removed. . Charles L. Removed from ordinance. Action — Not similar agricultural structure" is exempted front • Steele Exist Chapter 4. This is not acceptable. Agricultural Floodplain Motion — 2 " •exemptions have only been approved for Management "normal agricultural practices' involving de Specialist, minirmrs activities such as plowing, tilling, Washington harvesting, storing of materials, etc., nonnal to State operation of a faun, but that do not include Department of stnuctures of any kind. Ecology / FEMA 83 9 15.27.225 Construction Materials. FEMA's Section 15.27.225 Construction Materials Charles L. Definition added as requested Action — 60.3(a)(3)(ii) requires that all new construction "Construction Materials" for the purpose of Steele and required. and substantial improvements shall be Part Four means all new construction and Floodplain Motion — 2 constnicted with materials and utility substantial improvements shall be constructed Charles L. equipment resistant to flood damage. Technical with material and utility equipment resistant Steele Bulletin 2 -93 specifies such materials; this is to flood damage (See Technical Bulletin 2 -93 Floodplain taken directly from the Corps of Engineers for qualifying materials. (FEMA Management publication EP 1165-2-314. The standard was §60.3(a)(3)(ii) Specialist, not found in Chapter 15.27, and must he Washington included in the Yakima ordinance. State • Department of . Ecology / FEMA - 84 42, 49, 408(2), 427(2) and 407(4) 408(2), 427(2) and 407(4), Nonresidential (2) Nonresidential Construction (44 CFR Charles L. Sections changed to reflect 41" Floodproofing. Section 408(2) gives applicants 60.3(c)(3)(4)). New construction and Steele FEMA requirements. the option of either elevating or floodproofing a substantial improvement of any commercial, Floodplain nonresidential structure (residential structures industrial or other nonresidential structure Management cannot be floodproofed). However, this section shall either have the lowest floor, including Specialist, • • must be changed to read correctly. The last basement, elevated one foot or more above Washington three lines would read correctly if they were the base flood elevation; or, together with State changed as follows: "... shall either have the attendant utility and sanitary facilities, shall: Department of lowest floor, including basement, elevated 1) Be floodproofed so that below Ecology / above the BFE or one foot or more above the base FEMA constructed pursuant to ASCE -24, Section 6. flood level the structure is -1 it i F. Page 27 K - • • • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: item 6.2. Your reference to table 4.1 in watertight with walls substantially ASCE -24 is actually to elevations in coastal impermeable to the passage of high hazard areas (V Zones). water; - 2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and /or review of the structural design, specifications • and plans; 4) Nonresidential structures that • are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 15.27.408 (1) (B) above; 15.27.427 . Information to be obtained and maintained The elevation and floodproofing certificate shall verify the following flood hazard protection information: (1) The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and • whether or not the structure contains a • basement; (2) The actual elevation in relation in • mean sea level of flood proofing of all new or substantially improved non - residential flood proofed structures. 15.27.407 General Standards The following regulations shall apply in all special flood hazard areas pursuant to the Nfl Page 28 1.11 11.11 111. 1.11 11111 1111. IMM 111111 1111.1 11.II MI MB M I I= IIIII 1111111 Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: IBC, ASCE -24 and Hud 24 CFR Part 3280: (1) Anchoring and Construction Techniques. (2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall he installed using methods and practices that minimize flood damage. 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. (3) 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. (a) 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. (4) 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. 85 49 15.027.427(2) Section 427(2) contains a part of FEMA•s This section was removed and relocated. Charles L. Relocated definition of dry-floodproofing, but not the total Steele definition. Regardless, it would not he Floodplain acceptable here because this is the Management Administration section, and none of the Specialist, definition is in the Flood Hazard Protection Washington Standards, Specific Standards. State Department of • Ecology / =jr Page 29 4 _ � • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: FEMA 86 41 15.27.407(4) Section 407(4) contains much of the wording in See section 15.27.407(4) below. Charles L. Section changed to reflect FEMA's floodproofing certification standard at Steele FEMA requirements. Section 60.3(c(3), but is not acceptable Floodplain because: [ I] it only applies to existing Management structures; [2] a surveyor cannot certify Specialist, structural floodproofing; and [3] Chapter 15.27 Washington nowhere defines what the "adopted State . floodprooing techniques" are. Department of Ecology / FEMA 87 42 15.27.408(3) 15.27.408(3), Elevation and Anchoring of (3) Manufactured Homes. Manufactured Charles L. Section changed to reflect Manufactured Homes. This standard merely homes shall he elevated in accordance with Steele FEMA requirements. requires anchoring of manufactured homes in IBC § 501.1 Appendix "GI Floodplain accordance with Appendix G. Actually, Management Section 407(2) already has the anchoring Specialist, standard that FEMA requires. What is needed Washington is the elevation requirement that can be found at State Section 5.2 -3 of the Model Ordinance. Department of Alternatively, the City could state here that all Ecology / manufactured homes shall he elevated in FEMA accordance with Section 501.1 of Appendix G. With either of these remedies, both new and existing manufactured home elevations would be satisfactorily addressed. • 88 41 15 27.408 Recreational Vehicles. Chapter 15.27.277 (4) Recreational Vehicles Recreational Charles L. Section changed to reflect correctly defines RVs, but there is no vehicles placed on sites are required to either: Steele FEMA requirements. performance standard at 15.27.408 addressing 1) Be on the site for fewer than 180 Floodplain RVs. The correct wording for this is found at consecutive days, (or) Management Section 5.2-4 of the Model Ordinance. Specialist, 2) Be fully licensed and ready for Washington highway use, on wheels or jacking State system, attached to the site only by Department of quick disconnect type utilities and Ecology / • security devices, and have no FEMA permanently attached additions; or 3) Meet the anchoring requirements of 15.27.408 (3) above. 89 48 15.27.425 15.27.425, Applicability. Elevation and /or 15.27.425 Applicability Management Section changed to reflect floodproofing certificates are required here Certification for elevation or Specialist, FEMA requirements. "except that agricultural and certain accessory floodprofing shall be required only for the Washington structures constructed in accordance with the new construction or substantial improvement State •1i };_. Page 30 • - K - = -- • • M I= r - • AIMIIMIIIIIMIIIIIIIIIIIIIIIIIIIIIIIOIIIIIIIIIIIMIIMIIIIIIIIIIIIIIMMMI UM I 1111. 1111111 NM 111.1 1111111 111111 ME MO 111. OM NM Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: standards of the iBC and ASCE -24 shall not of any residential, commercial, industrial, or Department of require certification." This is not acceptable. nonresidential structure located in a special Ecology / There is no exemption from this requirement flood hazard area. FEMA for agricultural buildings. There is also no • exemption for buildings that are below the IBC threshold of 200 square feet, which is what appears to he intended here. The broad reference to ASCE -24 is not helpful because, as mentioned above, it does not specify the specific ASCE -24 standard. 90 49 15 27.427 427(3), Where a BFE has not been Established. 15.27.427 Information to be Management . Section changed to reflect • The intent of this regulation at 60.3(a)(3) is to obtained and maintained The elevation and Specialist, FEMA requirements. assure that local administrators review floodproofing certificate shall verify the Washington applications in Unnumbered A Zones to assure following flood hazard protection State • that proposed developments will be "reasonably information: Department of safe from flooding absent BFE data. That . { 1 The actual elevation (in relation Ecology / language needs to be present in this section (sec to mean sea level) of the lowest floor FEMA 5.1 -5 of Model Ordinance). (including basement) of all new or substantially improved structures, and whether or not the structure contains a • - basement; 91 41 15.27.407(4) 15.27.407(4)(e)(4), BFE Data in Subdivisions. (4) Except where otherwise authorized, Management Section changed to reflect This subsection specifies that BFE data needs to all new construction and substantial Specialist, FEMA requirements. be included in all subdivision proposals. It is improvements to existing structures shall Washington unclear if this means an applicant merely has to require certification by a registered State show BFE data that already exists on plats, or if professional engineer, architect or surveyor Department of it means that the applicant has to generate BFE that the design and construction standards are Ecology / data where it does not exist. The latter is the in accordance with adopted floodproofing FEMA intent of the regulation, i.e., in Unnumbered A techniques. ' Zones (which do not have BFEs), an applicant (a) Utilities. has to do a detailed step - backwater analysis to (1) All new and replacement water generate BFEs if the subdivision is greater than supply systems and sanitary sewage 5 acres or 50 lots. Does Section 407(4)(c)(4) systems shall be designed to minimize or require that this he done with any size eliminate infiltration of floodwaters into development? the systems and discharge from the systems into floodwaters; and on -site • waste disposal systems shall he located to avoid impairment to them or contamination from them during flooding. (b) Subdivision Proposals. Subdivision proposals shall: (1) Be consistent with the need to • Page 31 K =� - - -- • • • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED . COMMENT RPC Recommendation BY: minimize flood damage; (2) Have roadways, public utilities' and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage: (3) Have adequate drainage provided to reduce exposure to flood damage; and • (4) Include base flood elevation data (a) In the cases where base flood elevation is not available and the subdivision is greater then 5 acres or 50 lots a step -hack water'analysis shall he require to generate the base flood elevation data. (c) Watercourse Alterations. The flood - carrying capacity within altered or relocated portions of any watercourse shall he 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. 92 9 1527.226 Construction Methods. Section 60.3(a)(3)(ni) 15.27.226 Construction Methods Charles L. Definition added as requested Action — requires that all new construction and "Constructions Methods"' for the purpose of Steele and required. substantial improvements shall he constructed Part Four means all new construction and Floodplain Motion — 2 " using methods and practices that minimize substantial improvements shall be constructed Management flood damage. This measure was not found in using methods and practices that minimize Specialist, • Chapter 15.27 and must be added. flood damage. Washington State Department of Ecology / FEMA 93 15 15 27.297 Utility Equipment. Section 60.3(a)(3)(iv) 15.27.297 Utility Equipment Charles L. Definition added as requested Action — requires that electrical, heating, ventilation, "Utility Equipment' for the purposes of Part Steele and required. plumbing and air - conditioning equipment and Four means all electrical, heating, ventilation, Floodplain Motion — "d other service facilities shall be designed and /or plumbing and air - conditioning equipment and Management otherwise elevated or located so as to prevent other service facilities shall he designed Specialist, water from entering or accumulating within the and /or otherwise elevated or located so as to Washington components during conditions of flooding. prevent water from entering or accumulating State • This was not found and must also be added to within the components during conditions of Department of Chapter 15.27. flooding. Ecology / FEMA Page 32 • .11111 MI NM MN OM MO MI 11111. 11.11 1111. 11.11 U 1111111 1.11 MO MO I M IIIIII Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: 94 32 15.27.315 (2) (b) 1) Wetlands When a critical areas report is 1) Wetlands When a critical areas report is Joe Walsh / Mr. Walsh wanted the section No change was recommended. required for Wetlands, it shall include the required for Wetlands. 0 shall include the Central changed hack to the County's following: following: 'Washington version as he thought that it a) The exact location of a wetland's a) The exact location of a wetland's Honie Builders gave more flexibility. boundary and wetland rating as boundary and wetland rating shall he Association determined through the performance of determined through the performance a field investigation by a qualified of a field investigation by a qualified wetland professional applying the wetland professional applying the Washington Stare Wetland l i4tshingmn State Wetlands lands Identification and Delineation Manual Identification and Delineation Manual !Ecology Publication 696-941 as (Ecology Publication #96 -94 - ' required by RCW 36.70,4.175 and the http://www.ecy.wa.gov/pubs/9694,pdf Washington Stare Wetland Rating ) as required by RCW 36.70A.175 - System for Eastern Washington. (Wetlands to be delineated in b) All delineated wetlands and required accordance with manual), and the • buffers within two hundred (200) feet Washington State Wetland Rating of the project area shall be shown on Srsrein. /or Eastern Washington the site plan. Available inhumation (Ecology Publication # 04- 06 -15), as should include, but not be limited to amended: aerial photos, land based photos, soils b) All delineated wetlands and required -maps, or topographic maps; buffers within two hundred (200) feet • of the project area shall be depicted on • the site plan. For areas off -site of the project site, wetland conditions within 200 feet of the project boundaries may be estimated using the best available information. Best available • information should include, but not be • limited to aerial photos, land based photos, soils maps, or topographic maps; 95 37 15.27.321 2) Subdivision Standards - The following 2) Subdivision Standards - The following Joe Walsh / Mr. Walsh felt that shall Regional Planning standards apply to all permits or reviews standards apply to all permits or reviews Central limited developers to put Commission accepted the word • under the Subdivision Ordinance (Title 14) under the Subdivision Ordinance (Title Washington critical area land into tracts or "may.' that contain critical areas: 14) that contain critical areas: Home Builders separate parcels and requested a. All subdivisions that contain c.. All subdivisions that contain Association less limiting language. critical areas shall he eligible for critical areas shall be eligible density bonuses or other for density bonuses or other • development incentives, as development incentives, as provided in the Subdivision provided in the Subdivision Ordinance (Title 14) and Zoning Ordinance (Title 14) and Ordinances (Titles 15); Zoning Ordinances (Titles 15); b. Critical areas shall be actively d. Critical areas shall be actively • K- =� Page 33 • • • • Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: protected through the following: protected through the i. Roads and utilities for the following: subdivision shall avoid i. Roads and utilities for the critical areas and their subdivision shall avoid buffers, as much as possible; critical areas and their it. When Geologically buffers, as much as Hazardous Areas (excluding possible; Erosion, Over steepened ti. When Geologically Slopes of Intermediate Risk, Hazardous Areas Stream Undercutting, and (excluding Erosion. Over Earthquake hazards), FEMA steepened Slopes of Floodway, Channel Intermediate Risk, Stream Migration Zone (CMZ), Undercutting, and Streams, Wetlands and /or Earthquake hazards), Vegetative Buffers fall FEMA Floodway, Channel within the boundary of a Migration Zone (CMZ), subdivision; Streams, Wetlands and /or I. Said critical areas shall Vegetative Buffers fall be protected by placing within the boundary of a • them entirely within a subdivision: separate critical area 1. Said critical areas' tract or by including may be protected by then entirely within placing then entirely one of the developable within a separate parcels. Other options, critical area tract or such as conservation by including them easements and building entirely within one of envelopes may be the developable deemed appropriate by parcels. Other the Administrative options, such as Official as meeting this conservation provision when special easements and circumstances obstruct building envelopes the viability of this may be deemed provision: appropriate by the Administrative Official as meeting this provision when special circumstances obstruct the viability of this provision: 96 N/A N/A N/A N/A Dean Patterson Yakima County wants to limit No action taken Yakima County the number ofCAO's it has to i0:. NDE % I Page 34 — — — — we — — — — — — — — — — we — — — MB MI MN M -.- 111111 IIIIII MO MS MI 111.1. 1111111 En I OM Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: Planning administer. 97 22 1527.303 (h) (i) h) Noxious weed control within vegetative h) Noxious weed control within Al Brown / Mr. Brown wanted to include The proposed wording was • buffers, if the criteria listed below are met. vegetative buffers, if the criteria listed Yakima some language in section accepted. Control methods not meeting these cnteria below are met. Control methods not Greenway 15.27.303 (h) (i) which may still apply for a restoration exemption, meeting these criteria may still apply for a . allowed bioremediation for or other authorization as applicable: restoration exemption, or other weed removal. i. Hand removal /spraying of authorization as applicable: individual plants: ii. Hand removal /spraying of individual plants or other acceptable method approved by the administrative official; 98 64 15.27.519(5) (5) Unless site characteristics dictate N/A Joe Walsh / Mr. Walsh declared his otherwise, till material within surface waters or Central frustrations on a developer's wetlands shall be sand, gravel, rock, or other Washington point -of -view. He stated that clean material, with a minimum potential to Home Builders developer have to comply with degrade water quality. Association the Department of Ecology's • general Stormwater permits and Ecology defines the types of pollutants, one of which is rock. He further indicated that there is a discrepancy between the City's definition and . Ecology's. however suggested no change to the City's version. 99 37 15.27.321 2) Subdivision Standards - The following N/A Eric Bartran / Mr. Bartran made the comment standards apply to all permits or reviews Washington that this section should not he under the Subdivision Ordinance (Title 14) Department of changed, as it should he noted • • that contain critical areas: Fish & Wildlife that it is buyer beware. e. 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 (Titles 15); f. 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 Page 35 4 Sort PAGE SECTION /POLICY CURRENT WORDING PROPOSED WORDING PROPOSED COMMENT RPC Recommendation BY: 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; Said critical areas shall he protected by placing then 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 Page 36 • • - - - - 1111111 - - - - - OM NM - Exhibit B City of Yakima 15.27 CAO 6 TABLE OF CONTENTS 17 18 Part One GENERAL PROVISIONS 19 20 Part Two DEFINITIONS 21 22 Part Three APPLICATION AND REVIEW PROCEDURES 23 24 Part Four FLOOD HAZARD AREAS 25 26 Part Five FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR 27 SYSTEM 28 29 Part Six WETLANDS 30 31 Part Seven GEOLOGICALLY HAZARDOUS AREAS 32 33 Part Eight CRITICAL AQUIFER RECHARGE AREAS 34 35 Appendix A Designated Type 2 Stream Corridors 36 37 18 39 40 41 42 43 44 45 46 47 48 49 50 2 . 14 200 2 City of Yakima 15.27 CAO 51 Chapter 15.27 52 Part One 53 GENERAL PROVISIONS 54 Sections Defined 55 15 27 100 Chapter and Authority 56 15.27 110 Language Interpretation 57 15 27 120 Purpose of Chapter 58 15.27 130 Intent of Chapter 59 15.27 140 Applicability 60 15 27 150 Science and Protection of Anadromous Fish 61 15.27 160 Administrative Authonty 62 15.27 170 Severability 63 64 15.27 100 Chapter and Authority 65 Chapter 15.27 is established pursuant to RCW 36 70A 060 (Growth Management Act 66 Natural Resource Lands and Cntical Areas -- Development Regulations), RCW Ch. 67 43.21C (State Environmental Policy Act), and federal requirements for eligibility in the 68 National Flood Insurance Program, pursuant to Title 42 of the Code of Federal 69 Regulations (CFR) This chapter shall be known as the "Critical Areas Ordinance of the 70 City of Yakima, Washington." 71 72 15.27 110 Language Interpretation 73 Unless specifically defined in Part Two (§§ 15.27 200 — 299C), words, phrases and terms in this 74 chapter shall be interpreted to provide meaning and to give this chapter it s most reasonable 75 application. 76 a. "shall" is mandatory, 77 b "may" is discretionary and does not impose a requirement 78 c. "should" is always advisory; 79 d. "include(s)" means the containment within as a subordinate part of a larger whole 80 When not inconsistent with the context, words used in the present tense include the future; the 81 singular includes the plural, and the plural, the singular 82 83 15.27 120 Purpose of Chapter 84 The purpose of Ch. 15.27 is to establish a single, uniform system of procedures and standards for 85 development within designated critical areas within the incorporated City of Yakima and its 86 Urban Growth Area. 87 88 15.27 130 Intent of Chapter 89 1) Ch 15 27 establishes policies, standards and other provisions pertaining to development 90 within designated critical areas regulated under the provisions of the Growth Management Act 91 (RCW 36 70A) and development regulated under the National Flood Insurance Program 92 Wetlands, streams, stream comdors and nvers, areas with a critical recharging effect on aquifers 93 used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas and 94 geologically hazardous areas constitute the City of Yakima's critical areas pursuant to WAC 365- 95 190 -030 These areas are of special concern to the people of the City of Yakima and the State of 96 Washington because they are environmentally sensitive lands. or hazardous areas, which 2. i 4 2008 3 City of Yakima 15.27 CAO 7 comprise an important part of the state s natural resource base The policies, standards, and 98 procedures of this chapter are intended to 99 a) Preserve development options within designated critical areas where such development 100 will result in the level of No Net Loss of the functions and values of the critical areas 101 b) Where appropriate, avoid uses and development, which are incompatible with critical 102 areas, 103 c) Prevent further degradation of critical areas unless the degradation has occurred beyond 104 feasible protection, 105 d) Conserve and protect essential or important natural resources, 106 e) Protect the public health. safety, and general welfare; 107 f) Further the goals and policies of the Yakima Urban Area Comprehensive Plan, 108 g) Implement the goals and requirements of the Washington Growth Management Act 109 (RCW Chapter 36 70A), and the National Flood Insurance Program (CFR Title 42), 110 h) Recognize and protect private property rights 111 i) Provide development options for landowners of all existing lots to the greatest extent 112 possible, through the establishment of Adjustment, Reasonable Use, and Non- 113 Conforming Use and Facility provisions, 114 2) The policies, standards, and procedures of this chapter are not intended to 115 a) Regulate the operation and maintenance of existing, legally established uses and 116 structures, including but not limited to vegetative buffers on existing uses that have been 117 reduced in width prior to the effective date of this chapter; 118 b) Result in an unconstitutional regulatory taking of private property 9 c) Require the restoration of degraded cntical areas for properties in a degraded condition 120 pnor to the effective date of this chapter unless improvement of the buffer is needed for 121 new development proposed on the property; 122 d) Presume that regulatory tools are the only mechanism for protection, and 123 e) Prohibit the use of valid water nghts 124 125 15.27 140 Applicability 126 1) The provisions of this chapter shall apply to any new development, construction, or use 127 within the incorporated portion of the City of Yakima and its Urban Growth Area designated 128 as a cntical area and upon any land mapped and designated as a special flood hazard area 129 under the National Flood Insurance Program. However, this chapter does not apply to the 130 situations below except that the Flood Hazard protection provisions of § 15.27 Part Four 131 will continue to apply as determined by §§ 15 27 400 -406 132 a) Within designated critical areas, there may exist lots, structures, and /or uses which were 133 lawfully established prior to the adoption of this chapter, as provided below, but which 134 would be subsequently prohibited, regulated, or restncted under this chapter Such 135 existing lots, structures and /or uses shall be classified as legally non - conforming uses 136 1) It is the intent of this chapter to permit these pre - existing legally non - 137 conforming uses and structures to continue until conformity is possible, 138 1 Critical areas on federally owned lands are not subject to the provision 139 of this chapter 140 11 Minor, temporary, or transient activities (including those of a 1 recreational nature) that do not alter the environment or require a 14 uus 4 City of Yakima 15.27 CAO 142 dedicated staging area, use area, or route (including temporary signs) are 143 not subject to this chapter; 144 11 Mining, as defined in § 15 27 265, which is carved out under a 145 Washington Department of Natural Resources reclamation pen is not 146 subject to the geologically hazardous areas provisions of this chapter for 147 erosion hazard areas, over steepened slope hazard areas. landslide hazard 148 areas and suspected geologic hazard areas Other critical areas provisions 149 continue to apply 150 151 2) The adoption and amendment dates of the relevant regulations are provided 152 below, 153 i Cntical Areas Ordinance adopted 1998, 154 11 Flood Hazard Ordinance adopted 1981 155 156 2) Other rules and regulations, including the City of Yakima Subdivision Ordinance (YMC 157 Title 14), the City of Yakima Urban Area Zoning Ordinance (YMC Title 15), and the 158 Buildings Ordinance (YMC Title 11), shall remain in full force and effect as they apply to 159 designated critical areas. In the event that the requirements of Ch 15.27 conflict with the 160 requirements of the Yakima Urban Area Zoning Ordinance, the Subdivision Ordinance or 161 any other lawfully adopted municipal rules or regulations, the most restnctive standards shall 162 apply 163 164 15.27 150 Science and Protection of Anadromous Fish 165 This chapter has been updated consistent with the requirements for using the best available 166 science and protection of anadromous fish as required by 167 1) RCW 36 70A.172 Cntical Areas -- Designation and Protection -- Best Available Science 168 to be Used, and 169 2) WAC 365 -195 -900 through 925 Growth Management Act — Procedural Cntena for 170 Adopting Comprehensive Plans and Development Regulations – Part 9 - Best Available 171 Science. 172 173 15.27 160 Administrative Authority 174 (1) The City of Yakima Community & Economic Development Department – Code 175 Administration & Planning Division shall be responsible for the general 176 administration of this chapter The Director of the Community & Economic 177 Development Department or the Director s designee shall serve as the 178 Administrative Official of this chapter, except as noted in Part Four §§ 15 27 400 179 - 436 The Administrative Official shall establish procedures for implementation 180 of this chapter 181 (2) A wntten request for an interpretation of any provision of this chapter may be 182 submitted to the Administrative Official Each request shall set forth the specific 183 provision(s) to be interpreted and the facts of the specific situation - giving rise to 184 the request for an interpretation Interpretations shall be processed in accordance 185 with YMC Ch 15 22 Interpretations 186 187 15.27 170 Severability 2,14 211ut, 5 City of Yakima 15.27 CAO l8 If any provision of this chapter or its application to any person or legal entity or circumstances is 189 held to be invalid, the remainder of said chapter or the application of the provision to other 190 persons or legal entities or circumstances shall not be affected 2 14200 6 City of Yakima 15.27 CAO 191 Chapter 15.27 192 PART TWO 193 DEFINITIONS 194 195 15.27.200 Definitions Generally 196 Definitions listed in Part Two of this document shall be applied to the regulations, review and 197 administration of all critical areas, including Flood Hazard Areas, unless the definition itself 198 identifies the term as applying to Flood Hazard administration, in which case the definition only 199 applies to that situation 200 201 15.27.201 Abutting 202 "Abutting" means bordenng upon, to touch upon, or in physical contact with Sites are 203 considered abutting even though the area of contact may be only a point 204 205 15.27.202 Adjacent 206 "Adjacent" means to be nearby and not necessarily abutting. 207 208 15.27.203 Administrative Official 209 "Administrative official" means the duly appointed Director of Community 8,, Economic 210 Development Department or a designee, or the relevant decision maker identified in Ch 15.27 211 Project Permit Administration, synonymous with "administrator" or "director " 212 213 15.27.204 Alluvial fan 214 Alluvial fan means a low, outspread, relatively flat to gently sloping feature, shaped like an 215 open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley 216 upon a plain or broad valley; where a tnbutary stream is near or at its function with the main 217 stream, or wherever a constriction in a valley abruptly ceases or the gradient of the stream 218 suddenly decreases. It is steepest near the mouth of the valley where its apex points upstream 219 and it slopes gently and convexly outward with gradually decreasing gradient 220 221 15.27.205 Applicant 222 "Applicant" means a person, party, firm, corporation. or other legal entity that proposes 223 development, construction, or use on a parcel of property 224 225 15.27.206 Aquifer 226 "Aquifer" means a saturated geologic formation, which will yield a sufficient quantity of water to 227 serve as a private or public water supply 228 229 15.27.207 Bank 230 "Bank" means the land surface above the ordinary high water mark that abuts a body of water 231 and contains it to the bank full depth 232 233 15.27.208 Bankfull depth 234 "Bankfull depth" means the average vertical distance between the channel bed and the estimated 235 water surface elevation required to completely fill the channel to a point above which water 1 un;, 7 City of Yakima 15.27 CAO \,6 would enter the floodplain or intersect a terrace or hi11s1ope In cases where multiple channels 237 exist, the bankfull depth is the average depth of all channels along the cross - section. 238 239 15.27.209 Base Flood 240 Base Flood for purposes of administering Part Four means the flood having a one (1%) percent 241 chance of being equaled -or exceeded in any given year (See, IBC 1612.2) 242 243 15.27.210 Base Flood Elevation 244 Base flood elevation for purposes of administering Part Four means the elevation of the base 245 flood, including wave height, relative to the National Geodetic Vertical Datum, North Amencan 246 Vertical Datum, or other datum specified on the Flood Insurance Rate Map (See, IBC 1612.2) 247 248 15.27.211 Basement. 249 Basement for purposes of administenng Part Four means any area of the building having its 250 floor subgrade (below ground level) on all sides (See, IBC 1612 2) 251 252 15.27.212 Bed 253 "Bed" means the land below the ordinary high water fines of state waters This definition shall 254 not include irrigation ditches, canals, stormwater run -off devices, or other artificial watercourses 255 except where they exist in a natural watercourse that may have been altered by unnatural means 256 2 57 15.27.213 Bedrock )8 "Bedrock" means the solid rock underlying unconsolidated surface matenals z59 260 15.27.214 Berm 261 "Berm" means a mound or wall of earth matenal used as a protective barner to control the 262 direction of water flow 263 264 15.27.215 Best Management Practices 265 "Best management practices" or "BMPs" means schedules of activities, practices, maintenance 266 procedures, and structural and /or managerial practices that, when used singly or in a combination 267 prevent or reduce adverse impacts to the environment. 268 269 15.27.216 Bioengineering 270 "Bioengineering" means project designs or construction methods, which use live woody 271 vegetation or a combination of live woody vegetation and specially developed natural or 272 synthetic materials, to establish a complex root gnd within the existing bank, which is resistant 273 to erosion. provides bank stability, and maintains a healthy npanan environment with habitat 274 features important to fish life Use of wood structures or limited use of clean angular rock may 275 be allowable to provide stability for the establishment of vegetation 276 277 15.27.217 Breakwater 278 "Breakwater" means a fixed or floating offshore structure that protects the shore from the forces 279 of waves or currents 'S0 1 =1 2,00 8 City of Yakima 15.27 CAO 282 15.27.218 Bulkhead 283 "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the 284 shore consisting of concrete, timber, steel, rock, or other permanent matenal not readily subject 285 to erosion 286 287 15.27.219 Building Official 288 "Building Official" means the manager of the Code Administration and Planning Division or a 289 designee. 290 291 15.27.220 Channel 292 "Channel" means an open conduit, either naturally or artificially created, which periodically or 293 continuously contains moving water, or which forms a connecting link between two bodies of 294 water 295 296 15.27.221 Classification 297 "Classification" means value and hazard categones to which cntical areas and natural resource 298 lands will be assigned 299 300 15.27.222 Clearing 301 "Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter 302 from a parcel of land 303 304 15.27.223 Compaction 305 "Compaction" means compressing soil or other material through some mechanical means to 306 make it denser 307 308 15.27.224 Construction 309 "Construction" means the assembly, placement, or installation of structures, roadways 310 transmission lines, and other improvements within a parcel of land 311 312 15.27.225 Construction Materials 313 `Construction Materials for the purpose of Part Four means all new construction and substantial 314 improvements shall be constructed with matenal and utility equipment resistant to flood damage 315 (See Technical Bulletin 2 -93 for qualifying materials (FEMA §60 3(a)(3)(ii) 316 317 15.27.226 Construction Methods 318 'Constructions Methods for the purpose of Part Four means all new construction and substantial 319 improvements shall be constructed using methods and practices that minimize flood damage 320 321 15.27.227 Critical Aquifer Recharge Area 322 "Critical Aquifer recharge area" means an area with a cntical recharging effect on an aquifer(s) 323 used for potable water or areas where a dnnking water aquifer is vulnerable to contamination 324 that would affect the potability of the water 325 326 15.27.228 Designated 327 "Designated" means formal legislative action to identify and describe a cntical area. 14'200S 9 City of Yakima 15.27 CAO )8 329 15.27.229 Department 330 "Department" means the City of Yakima Department of Community & Economic Development 331 332 15.27.230 Development 333 "Development" means the division of land into lots or parcels in accordance with the City s 334 Subdivision Ordinance (YMC 14), and any clearing, excavation, dredging, dnlling, filling. 335 dumping, removal of earth and mineral materials, or other permanent or temporary modification 336 of a parcel of land up to, but not including, construction as defined in this chapter For the 337 purpose of §§ 15 27 400 - 436, "development" also means any manmade change to improved or 338 unimproved real estate located within a special flood hazard area, including but not limited to 339 buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, 340 temporary or permanent storage of equipment and works defined in this chapter (See, IBC G 341 201 2) 342 343 15.27.231 Dike 344 "Dike" means an embankment to prevent flooding by a stream or other water body A dike is 345 also referred to as a levee 346 347 15.27.232 Dock 348 Dock" means a structure built over or floating upon the water and used as a landing place for 149 boats and other marine transport, fishing, swimming, and other recreational uses )0 .D51 15.27.233 Dredging 352 "Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of 353 increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill 354 matenals This definition does not include excavation for mining within a pond created by a 355 mining operation approved under this chapter or under a local zoning ordinance, or a mining 356 operation in existence before Zoning, Shorelines, or Cntical Areas permits were required for 357 such operations 358 359 15.27.234 Earth Material 360 "Earth matenal" means any rock, natural soil, organic matenal or combination thereof 361 362 15.27.235 Enhance 363 "Enhance" means to strengthen any of the basic functional properties listed in § 15 27 504 that 364 exist but do not perform at optimum efficiency "Optimum" refers to the most favorable or best 365 performance of each function achievable for a specific segment of stream corridor 366 367 15.27.236 Ephemeral Stream 368 Ephemeral stream means a stream that flows only in response to precipitation with no 369 groundwater association, usually 30 days or less per year The lack of any groundwater 370 association results in a lack of a distinctive ripanan vegetation compared to the surrounding 371 landscape 7? ?3 1 3tir,b 10 City of Yakima 15.27 CAO 374 15.27.237 Erosion 375 "Erosion" means the wearing away of the earth's surface as a result of the movement of word, 376 water, or ice 377 378 15.27.238 Excavation 379 "Excavation" means the mechanical removal of earth matenal 380 381 15.27.239 Fill 382 "Fill" means the addition of any matenal, such as (by way of illustration) earth, clay, sand, rock, 383 gravel, concrete rubble, rubble, wood chips, bark, or waste of any kind, which is placed, stored 384 or dumped upon the surface of the ground resulting in an increase in the natural surface 385 elevation The physical structure of a shore stabilization structure shall not be considered fill 386 However, fill placed behind the structure is considered fill Streambed manipulation for 387 irrigation diversions shall not be considered fill 388 389 15.27.240 Flood 390 "Flood" means a general and temporary condition of partial or complete inundation of normally 391 dry land areas from the unusual and rapid accumulation of runoff of surface waters from any 392 source 393 394 15.27.241 Flood Hazard Permit 395 "Flood hazard permit" means wntten approval applied for and obtained in accordance with such 396 rules and regulations as are established under this chapter 397 398 15.27.242 Flood Insurance Rate Map 399 "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency 400 Management Agency has delineated both the areas of special flood hazards and the nsk premium 401 zones applicable to the community 402 403 15.27.243 Flood Insurance Study 404 "Flood insurance study" means the official report provided by the Federal Emergency 405 Management Agency that includes flood profiles, the flood boundary - floodway map, and the 406 water surface elevation of the base flood 407 408 15.27.244 Floodplain 409 " Floodplam" means a land area adjoining a river stream watercourse, or lake, which has been 410 determined likely to flood The extent of the floodplam may vary with the frequency of flooding 411 being considered as per FEMA FIRM Maps. "Flood plain" is synonymous with the one hundred 412 (100) year floodplam and means that land area is susceptible to inundation with a one (1) percent 413 chance of being equaled or exceeded in any given year 414 415 15.27.245 Flood -prone 416 "Flood- prone" means a land area for which a floodway and floodplam has not been determined 417 with respect to any specific flood frequency but for which the potential for flooding can be 418 identified by information observable in the field such as soils or geological evidence, or by 419 matenals such as flood studies, topographic surveys photographic evidence or other data. 2 i = ^0US 1 1 City of Yakiina 15.27 CAO 421 15.27.246 Flood - proofing 422 "Flood- proofing" for purposes of administering Part Four means any combination of stnictural 423 and nonstructural changes or adjustments to structures, which reduce or lessen flood damages to 424 lands, water or wastewater treatment facilities, structures and contents of buildings 425 426 15.27.247 Floodwav 427 "Floodway" means the regular channel of a river, stream, or other watercourse, plus the adjacent 428 land areas that must be reserved in order to discharge the base flood without cumulatively 429 increasing the water surface elevation more than one (1) foot 430 431 15.27.248 Floodway Fringe 432 "Floodway fringe" for purposes of administering Part Four means that portion of a floodplain 433 which is inundated by floodwaters but is not within a defined floodway Floodway fringes serve 434 as temporary storage for floodwaters 435 436 15.27.249 Grade 437 "Grade" means the vertical location of the ground surface 438 439 15.27.250 Grade, Existing 440 "Grade, Existing" is the current grade in either its undisturbed, natural condition or as disturbed 441 by some previous modification 12 443 15.27.251 Grade, Finish 444 "Grade, Finish" is the final grade of the site, which conforms to an approved plan 445 446 15.27.252 Grade, Natural 447 "Grade, Natural" is the grade as it exists or may have existed in its original undisturbed 448 condition. 449 450 15.27.253 Grade, Rough 451 "Grade, Rough" is a stage where grade conforms approximately to an approved plan 452 453 15.27.254 Grading 454 "Grading" means any excavation, filling, or combination thereof 455 456 15.27.255 Groundwater 457 "Groundwater" means water that occurs beneath the land surface, also called subsurface water or 458 subterranean water Groundwater includes water in the zone of saturation of a water - beanng 459 formation 460 461 15.27.256 Hydrologically Related Critical Areas (HRCA) 462 "Hydrologically related cntical areas (HRCA)" include all those areas identified in § 15 27 502, 463 which are important and deserving of protection by nature of their value for the functional -4 properties found in j 15 27 504 65 2 I- 2 JUs 1 City of Yakima 15.27 CAO 466 15.27.257 Hyporheic 467 " Hyporheic" means a groundwater area adjacent to and below channels where water is 468 exchanged with channel water and water movement is mainly in the downstream direction 469 470 15.27.258 Intermittent Streams 471 "Intermittent stream" means a stream, which flows only during certain times of the year, with 472 inputs from precipitation and groundwater, but usually more than 30 days per year Groundwater 473 association generally produces an identifiable npanan area. 474 This definition does not include streams that are intermittent because of irrigation diversion or 475 other manmade diversions of the water 476 477 15.27.259 Lake or pond 478 "Lake or pond" means an inland body of standing water The term can include the reservoir or 479 expanded part of a nver behind a dam 480 481 15.27.260 Lowest Floor 482 Lowest floor" for purposes of administering Part Four, means the lowest floor of the lowest 483 enclosed area (including basement) An unfinished or flood - resistant enclosure, usable solely for 484 parking of vehicles, building access or storage, in an area other than a basement area, is not 485 considered a building's lowest floor, provided that such enclosure is not built so as to render the 486 structure in violation of the applicable non - elevation design requirements of this chapter 487 488 15.27.261 Manufactured Home 489 "Manufactured home" means a structure fabncated on a permanent chassis that is transportable 490 in one (1) or more sections, is designed to be used with or without a permanent foundation when 491 connected to the required facilities and is used for human occupancy as a residential dwelling. 492 The term "manufactured home" shall include "mobile home" for regulatory purposes under this 493 chapter 494 The term shall not include "recreation vehicle " "commercial coach." "camping vehicle," "travel 495 trailer," "park trailer," "tip- out," and any other similar vehicle, which is not intended, designed, 496 constructed or used as a single - family dwelling 497 498 15.27.262 Manufactured Home Park or Subdivision 499 "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided 500 into two (2) or more manufactured home lots for rent or sale pursuant to Title 15 of this Code 501 502 15.27.263 Manufactured Home Park or Subdivision, Existing 503 "Existing manufactured home park or subdivision" means a manufactured home park or 504 subdivision that was completed before December 15, 1981, the effective date of the floodplain 505 management regulations 506 507 15.27.264 Minerals 508 "Minerals" means gravel, sand and metallic and non - metallic substances of commercial value 509 510 15.27.265 Mining 2 . 14,'21101, 1 3 City of Yakima 15.27 CAO 11 "Mining" means the removal of naturally occumng minerals and matenals from the earth for 512 commercial value Mining includes processing and botching Mining does not include large 513 excavations for structures, foundations, parking areas, etc (See also § 15.27 518 Dredging and 514 Excavation) 515 516 15.27.266 Minor Revision 517 Minor Revision" for the purpose of this chapter is as follows but not limited to minor changes 518 in facility orientation or location, minor changes I structural design that does not change the 519 height or increase ground floor area, and minor accessory structures (such as equipment covers 520 or small sheds near the main structure etc ) 521 522 15.27.267 Native 523 "Native" means indigenous to or originating naturally within the City of Yakima and 524 surrounding areas 525 526 15.27.268 Natural Conditions 527 "Natural conditions" means those conditions, which anse from or are found in nature and not 528 modified by human intervention 529 530 15.27.269 New Construction 531 "New construction" for purposes of administenng Part Four, means start of construction after 532 construction plans were submitted to the City and the Building Division reviewed and approved D the construction plans to create a structure D34 535 15.27.270 Non - Conforming Structure 536 "Non - conforming structure" for purposes of administering Part Four, means a structure, which 537 was lawful prior to the adoption or amendment of this chapter, but which fails by reason of such 538 adoption or amendment, to conform to the present requirements of the zoning distnct in which it 539 is located In addition, the structure may not be permitted as a new structure under the terms of 540 this chapter because the structure may not be in conformance with the applicable elevation 541 and /or flood - proofing requirements 542 543 15.27.271 Non - Conforming Use 544 "Non - conforming use" for purposes of administenng Part Four , means a use of land or 545 structure, which was lawfully established and maintained prior to the adoption or amendment of 546 this chapter, but does not conform to this chapter for the zoning distnct in which it is located In 547 addition, the use may not be permitted as a new use under the terns of this chapter because the 548 use may not be in conformance to the applicable elevation and /or flood - proofing requirements 549 550 15.27.272 Normal Appurtenances 551 Normal Appurtenances includes garages deck. drivey, ays. utilities fences, and grading, which 552 do not exceed two hundred fifty (250) cubic yards 553 554 15.27.273 Normal Repair 2 4 2 ■ City of Yakima 15.27 CAO 555 "Normal repair" means to restore a development to a state comparable to its ongmal condition, 556 including but not limited to its size, shape, configuration, location and external appearance, 557 within a reasonable period after decay or partial destruction 558 559 15.27.274 Ordinary High Water Mark (OHWM) 560 "Ordinary high water mark" means a mark on lakes and streams which can be found by 561 examining the bed and banks and ascertaining where the presence and action of waters are 562 common and usual and so long continued in ordinary years as to create a character mark upon 563 the soil distinct from that of the abutting upland 564 565 15.27.275 Perennial Stream 566 "Perennial stream" means a stream that flows year round in normal water years 567 568 15.27.276 Project Site 569 "Project site" means that portion of any lot, parcel, tract, or combination thereof which 570 encompasses all phases of the total development proposal 571 572 15.27.277 Qualified Professional 573 "Qualified Professional" means a person with expenence, training, expertise, and related work 574 expenence appropriate for the relevant cntical area subject in accordance with WAC 365 -195- 575 905(4) The professional shall provide their qualifications to the Administrative Official to 576 insure the professional has the acceptable level of qualifications and expenence for the relevant 577 critical area they will be working in 578 579 15.27.278 Recreation Vehicle 580 "Recreation Vehicle" means a vehicle which is 581 (1) Built on a single chassis, 582 (2) Four hundred (400) square feet or less when measured at the largest honzontal projection, 583 (3) Designed to be self - propelled or permanently towable by a light -duty truck, and, 584 (4) Designed pnmanly for temporary living quarters used dunng recreational, camping, travel, or 585 seasonal conditions 586 587 15.27.279 Restore 588 "Restore" means to re- establish the basic functional properties listed in § 15 27 504 that have 589 been lost or destroyed through natural events or human activity with measures such as re- 590 vegetation and removal or treatment of toxic materials 591 592 15.27.280 Restoration 593 Restoration Does not imply a requirement for returning the site to aboriginal or pre- European 594 settlement conditions rather the return of a cntical area with vegetation and addressing any toxic 595 materials from the date of the permit. 596 597 15.27.281 Revetment 598 "Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore 599 structure against erosion by wave action or currents 600 2 14 2005 15 City of Yakima 15.27 CAO )Jl 15.27.282 Riparian vegetation 602 Riparian Vegetation means the terrestrial vegetation that grows beside rivers, streams, and 603 other freshwater bodies and that depends on these water sources for soil moisture greater than 604 would otherwise be available from local precipitation 605 606 15.27.283 Riprap 607 " Riprap" means a layer, facing, or protective mound of rubble or stones randomly placed to 608 prevent erosion, scour, or sloughing of a structure or embankment also the stone used for this 609 purpose 610 611 15.27.284 Scour 612 "Scour" means the removal of underwater material by waves and currents, especially at the base 613 or toe of a shore stabilization structure 614 615 15.27.285 Shoreline 616 "Shoreline," as used in this chapter means those water areas, the associated features, and the 617 land areas that are subject to the State Shoreline Management Act, as defined in RCW 90 58 030 618 and the City of Yakima s current Shoreline Master Program (definitions) 619 620 15.27.286 Shore Stabilization 621 "Shore stabilization" means the construction or modification of bulkheads, retaining walls, dikes, 622 levies, nprap, breakwaters, jetties, groins, weirs, and other structures along the shore, for the ?3 purpose of controlling stream undercutting, stream erosion or lake shore erosion o24 625 15.27.287 Single - Family Dwelling 626 "Single- family residence" means a detached dwelling designed for and occupied by one (1) 627 family, including those structures and developments, which are a normal appurtenance 628 629 15.27.288 Slope 630 "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of 631 horizontal distance to vertical distance 632 633 15.27.289 Solid Waste 634 "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but 635 not limited to, garbage, rubbish, wood waste, ashes, industnal wastes, swill, demolition and 636 construction wastes, abandoned vehicles or parts thereof, and discarded commodities 637 638 15.27.290 Special Flood Hazard Areas 639 "Special flood hazard area" means the land in the floodplam identified by the Federal Emergency 640 Management Agency that is subject to a one (1) percent or greater chance of flooding in any 641 given year Commonly known as the one hundred (100) year floodplain 642 643 15.27.291 Start of Construction 644 "Start of construction" for purposes of administering Part Four, means the first placement of - ‘,15 permanent construction of a structure on a site, such as the pounng of slabs or footings or land .. 1 1 16 City of Yakima 15.27 CAO 646 preparation, such as clearing, grading and filling, the installation of streets or walkways, 647 excavation for a basement, footings, piers or foundations, or the erection of temporary forms 648 649 15.27.292 Stream 650 "Stream" means water contained within a channel perennial, intermittent, or ephemeral 651 Streams include both natural watercourses and those modified by man (Example stream flow 652 manipulation, channelization, and relocation of the channel) 653 They do not include imgation ditches, waste ways, drains, outfalls. operational spillways, canals, 654 stormwater runoff facilities, or other artificial watercourses except those that are located within 655 existing wetland or streams 656 657 15.27.293 Stream Corridor 658 "Stream comdor," as used in this chapter, means features listed and described in § 15 27 502 659 660 15.27.294 Structure 661 "Structure" means anything constructed or erected, which requires location on the ground, or 662 attached to something having a location on the ground, but not including fences or walls used as 663 fences less than six (6) feet in height and include gas or liquid storage tanks when located above 664 ground 665 666 15.27.295 Substantial Improvement 667 "Substantial improvement" for purposes of administerng Part Four means any repair, 668 reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) 669 percent of the assessed value of the structure either 670 (1) Before the improvement or repair is started, or 671 (2) Before the damage occurred to a structure 672 (3) For the purposes of this definition, "substantial improvement" occurs when the first 673 alteration of any wall, ceiling, floor, or other structural part of the building commences, 674 whether or not that alteration affects the external dimensions of the structure The total 675 value of all improvements to an individual structure undertaken subsequent to March 4, 676 1986 the effective date of this title, shall be used to define "substantial improvement" for 677 said structure The tern does not, however include either 678 (a) Any project for improvement to a structure to comply with existing state or local 679 health, sanitary or safety code specifications which are solely necessary to assure safe 680 living conditions, or 681 (b) Any alteration of a structure listed on the National Register or Historic Places or a 682 state inventory of historic places 683 684 15.27.296 Use 685 "Use" (See Use as defined in ch 15 02) 686 687 688 689 15.27.297 Utility Equipment 690 Utility Equipment for the purposes of Part Four means all electrical heating, ventilation, 691 plumbing and air - conditioning equipment and other service facilities shall be designed and /or 2 14 J)(1:. 1 " City of Yakima 15.27 CAO b2 otherwise ele\ or located so as to prevent water from entenng or accumulating within the 693 components dunng conditions of flooding. 694 695 15.27.298 Vegetative Buffer or Buffer 696 "Vegetative buffer or Buffer" means an area extending landward from the ordinary high water 697 mark of a lake or stream and /or from the edge of a wetland which is maintained or otherwise 698 allowed to provide support for the performance of the basic functional properties of a stream 699 corridor, wetland and other hydrologically related cntical areas as set forth in §§ 15 27 504 700 Functional Properties and 15 27 603 Wetland Functions and Rating 701 702 15.27.299 Wetland 703 Wetland" means areas that are inundated or saturated by surface water or ground water at a 704 frequency and duration sufficient to support, and that under normal circumstances do support, a 705 prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands 706 generally include swamps, marshes, bogs and similar areas Wetlands do not include those 707 artificial wetlands intentionally created from non- wetland sites, including, but not limited to, 708 irrigation and drainage ditches grass -lined swales, canals, detention facilities, wastewater 709 treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 710 1990, that were unintentionally created as a result of the construction of a road, street, or 711 highway Wetlands may include those artificial wetlands intentionally created from nonwetland 712 areas created to mitigate conversion of wetlands X13 )4 15.27.299A Wildlife / 15 "Wildlife" means all species of the animal kingdom whose members exist in Washington in a 716 wild state, which includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or 717 invertebrate, at any stage of development. 718 719 15.27.299B Wildlife Habitat 720 "Wildlife habitat" means an area, of climate, soils vegetation, relationship to water, location, and 721 or other physical properties, which are identified as having a cntical importance to the 722 maintenance of wildlife species 723 724 15.27.299D Works 725 "Works" means any dam wall, wharf, embankment, levee, dike, berm, pile, bndge, improved 726 road, abutments, projection, excavation, channel rectification, or improvement 2 14 . _nu; 18 City of Yakima 15.27 CAO 727 CHAPTER 15.27 728 PART THREE 729 APPLICATION AND REVIEW PROCEDURES 730 Sections Defined ',, ,gmr -•, r : r,* Sr .R',k. +:w,., '^?;:w� r sh;e:rC:,'�,f; r+ T: ^a., ysa.. -< -r..,.4- e.f,;2. ' - r „ ,... c . .� K '” : 45 n •,r 731 4 . h� fi s = General Provisions,' 4, n. s :�tv..y�*< 9. .abu;..k�3�'x.`.�Y....u.�so'�:y '`lY. .. u?:.�.d'�s..o.?.... .3,.. -. ._ .Isw.a..m3,,.�.. 'wo z,'.,.�,.z�"4a .,t,�kx. _. ,.t »{"p} �' 2:.. :...:..,`r»+ja:�" '., k�.xe" r, 732 15 27 300 Cntical Area Development Authorization Required '�'a�rxi�C �,;• - •;}'t;'« :i t��.F_.T _.,�v �,....��,;�;�;.�. .. =,�3 '�.'° :' �F=- �?:�':�":' ",i'+i;�'A`; "ta"i x}rT�,Y.. :r �:,wtr .fj ", 9�r n,+::�.�' .7p 7.33 � t f " i r ; � nut and�Earl Assis cer � �' ^�� � : � �" ��`''" .«� 1� °•' , ... y;3..s. "�; >xs. 734 15.27 301 Critical Area Identification Form and Critical Areas Report Requirements 735 15 27 302 Pre- application Conference --- ^,Z:.l s,� `•?..r +fl """', n�n.+s �;u; . ,�.,�cr.» ....wx,. s2�:`, `"".,y.,.A». ":fi"'f:v - 3•r+� �^�, "*• 'R . ,, - ..x w,+�� :x' {' }x i` v { - �f,P�,N°' •Y .;.. :°�'1: " "��'.'„�' -1, � '•`� �:i' "Yr ;rNa'°x; � r �„. 7.36 <-l`,: a> * N ". `�P�AAbbreviated''Review' A:Yterna`tiAes :gt. �.• , `' +0 t� ='�,:`az�1�k<. -s„ �.�.��;:1`'��::i:. >34�' �et:�.#., -. .�.Q «., � . :s,.: +:.,.. ,a:.�.. ,i���',` sue..:, ,�4 �.�_rx:x;;:�i� ..� '`r�`-�.`" r « ate : 737 15.27.303 Activities Allowed without a Permit or Exemption 738 15.27 304 Exemption - Procedural Requirements 739 15.27.305 Documented Exemptions for Hydrologically Related Cntical Areas, Wetlands 740 15.27 306 Documented Exemptions for Geologically Hazardous Areas Development 741 Authorizations 742 15 27 307 Mitigation requirements � f' {' -A,• :...ro ...� . ? .." t r . E , "= S•;=�° ^.^.e�fii;�; +,r: y - �c+ms� ..,r�.. „�,`1a :�°4r',, � +`� 74� � � �� � � ��, � , "• °s °�'� F Reyiew�Process �',�'�� �r .�; � � �, �� � '`�*.`� + <. w... �' . � .. r .�.r t� •>k-4 •.W � ,.�.`.�'• ' ^S '��c��.;:'�� 744 15 27.308 Application Submittal 745 15 27 309 Determination of Review Process 746 15.27.310 Development Authonzation — Review Procedure 747 15.27 311 Authonzation Decisions — Basis for Action 748 15.27 312 Conditional Approval of Development Authonzation 749 15.27 313 Fees and Charges 750 .x��� 751 15.27.314 Cntical Areas Report Requirements 752 p 15.27 315 Supplemental Report Requirements for Specific Cntical Areas 753 5 *T°s YY� !Wx � '� r ' l A {<'��, ,. i§• {"df {`<�..^ f^kt }" 'g ; ti ' ,9 T a' `���� .�r ' i4: ' o ct. m t '4 75J g . _ �PeTllllt ;ReV1,w;C „Ylteilax t F W� 754 15.27 316 Standard Development Permit 755 15.27 317 Adjustment 756 15 27 318 Reasonable Use Exception 757 15 27 319 Minor Revisions to Approved Uses or Developments 758 15 27 320 Non - Conforming Uses and Facilities 759 15 27 321 General Cntical Areas Protective Measures 14'20Ur, 1 ` - -) City of Yakima 15.27 CAO k0 ;ay �,, ;; 0 q iii iv . pc: i� ii., $ ,, - . ii;, .:g i ,iiim i4,7, "�'T• i^'� ',�i:�;: r r, , ii A i °q n : .z;: ?T^ ,, ,y a� �'v. yr M xs i,v.' }r�t� y.�Yl ` .t �, U 7g ^:�: `.S "� "x 761 ,4 x ii E _ „ 1 T1 �. G eneral. P g n.9OM . t W , M h ; y , t, ; itT. .5ud 3. . 4. �.- �',S�G `d.��5.#tLtL�`✓. 't44h :�4 w: rii•` ishi.°dM��4mi •"':;, .i 762 15.27.300 Critical Area Development Authorization Required 763 (1) No new development, construction or use shall occur within a designated cntical area 764 without obtaining a development authonzation in accordance with the provisions of this chapter, 765 except for those provided for in § 15 27 303 Activities Allowed 766 Exemptions, as provided for in §§ 15.27 304 through 15.27 306, shall be considered as 767 development authorization 768 (2) With respect to application and review procedures, it is the intent of this chapter to 769 streamline and coordinate development authorization within a critical area and recognize other 770 requirements by local, state, and /or federal permits or authonzations Development, 771 construction, or use occurring within a designated cntical area shall be processed according to 772 the provisions of this chapter, unless determined to be exempt 773 (3) Approval of a development authorization under this chapter shall be in addition to, and not a 774 substitute for, any other development permit or authorization required by the City of Yakima. 775 Approval of a development authorization under this chapter shall not be interpreted as an 776 approval of any other permit or authorization required of a development, construction, or use 777 (4) Development authonzations issued in accordance with this chapter shall continue with the 778 land and have no sunset clause unless otherwise stated in the development authorization 779 (5) Coordination with Other Jurisdictions 780 (A) Where all or a portion of a standard development project site is within a designated 7 81 cntical area and the project is subject to another local, state or federal development permit or , 2 authorization, the Administrative Official shall determine whether the provisions of this /83 chapter can be processed in conjunction with a local, state or federal development permit or 784 authonzation, or whether a separate cntical area development authorization application and 785 review process is necessary 786 The decision of the Administrative Official shall be based upon the following cnteria 787 (i) The nature and scope of the project and the cntical area features involved or 788 potentially impacted, 789 (n) The purpose or objective of the permit or authonzation and its relationship to 790 protection of the cntical area, 791 (iii) The feasibility of coordinating the critical area development authonzation with 792 other permitting agency 793 (iv) The timing of the permit or authorization. 794 (B) When a determination has been made that provisions of this chapter can be handled 795 through another applicable development permit or authonzation process, project proponents 796 may be required to provide additional site plans data, and other information necessary as part 797 of that process to ensure compliance with this chapter The Administrative Official's 798 decision on the cntical area development authonzation shall be coordinated to coincide with 799 other permits and authorizations The Administrative Official may determine to accept the 800 development authorization and /or permits from the other reviewing agencies as complete 801 compliance with the city s critical area ordinance 802 803 4 ^r�r„ a,:'+ :.i h` .F,r;R,s;: "` . "sd ?5.. n .:,zm�a :^r�Gu7�'� -'^y �C:.a'c,Eu `�,; r::�Ri"`'. ;#,'�7e, 7,yt""""y°` -�"UY a'w Wit. �yr ^rv'sY . 9?,v%: 5 q '. , _ '; s .x„ ° °' l `" *" In" gt nry° a ndEarry Assistancfier= ., r F. , . , q , �t ,� I -1 noN 2O City of Yakima 15.27 CAO 806 15.27.301 Critical Area Identification Form and Critical Area Report Requirements. 807 1 Prior to the review of any applicable proposed development, construction or use the 808 applicant shall provide the City with a Cntical Areas Identification Form and site plan 809 and any other inforniation the City may require to determine if a critical area is present 810 811 2 Upon receipt of a Cntical Area Identification Form and site plan, the Administrative 812 Official or designee may conduct a site examination to rev iew critical area conditions 813 The Administrative Official or designee shall notify the property owner of the site 814 examination prior to the site visit and the property owner shall provide reasonable access 815 to the site. 816 817 3 The Administrative Official or designee shall review the available information pertaining 818 to the proposal and make a determination whether any critical areas may be affected If 819 so, a more detailed cntical area report shall be submitted in conformance with § 820 15 27 314 Critical Areas Report Requirements and § 15.27 315 Supplemental Report 821 Requirements for Specific Cntical Areas, except as provided below 822 1 No critical areas present. If the Administrative Official or designee is 823 able to sufficiently determine a cntical area does not exist within or 824 adjacent to the project area and / or a critical area report is not required. 825 n Critical areas present, but no impact. If the Administrative Official or 826 designee is able to determine the existence. location and type of cntical 827 area and the project area is not within the critical area and or the project 828 will not have an indirect impact on the function of an adjacent wetland 829 111 Critical areas may be affected by a proposal. The Administrative 830 Official or designee may waive the requirement for a cntical areas report 831 utilizing the technical expertise of other reviewing agencies if 832 1 The Administrative Official is sufficiently able to determine the 833 existence, location and type of the cntical area, 834 2 The project scale or nature is such that a specialist is not necessary 835 to identify impacts and mitigation, and, 836 3 The applicant agrees to provide mitigation the Administrative 837 Official deems adequate to mitigate for anticipated impacts 838 4 Reports will generally fall into the following groups 839 i Determining the absence of a critical area, 840 11 Determining the existence, location and type of a critical area 841 111 Determining impacts of an encroachment on a critical area and general 842 mitigation measures, and 843 iv Developing a compensatory mitigation plan. 844 5 The Administrative Official or designee shall base wetland boundary determinations on 845 those cntena specified in the Washington State Wetlands Identification and Delineation 846 Manual (1997) Wetland mitigation adequacy determination by the Administrative 847 Official shall be consistent with the Wetland Mitigation in Washington State, Parts 1 and 848 2 (March 2006 or as updated) 849 850 15.27.302 Pre - application Conference 2 14'200 21 City of Yakima 15.27 CAO 1 Any new deg elopment or use falling under the provisions of this chapter may be subject to a pre - 852 application conference Prior to the pre - application conference, the project proponent must 853 submit a Critical Area Identification From and preliminary site plan 854 A project review for flood hazards shall follow the pre - application requirements established to 855 administer Part Four Flood Hazard Areas. 856 The pre - application conference is intended to allow the Administrative Official or designee to 857 (1) Establish the scope of the project and identify potential concerns that may anse, 858 (2) Identify pernuts, exemptions. and authonzations. which the project proponent may need 859 to obtain, 860 (3) Determine whether the project will be processed through the development procedures 861 of this chapter or coordinated with the review procedures of another development 862 permit or authorization, 863 (4) Provide the proponent with resources and technical assistance (such as maps, scientific 864 information, other source materials, etc ), and 865 (5) Determine whether there is a need for a preliminary site assessment. 866 867 868 : °° /. "r:;� w r�t.¢s,:y,`,�:gr W .;�,'9.i {k:.w'', "te ° ",E �;�.ra e� "r pax;.°' 7.": ��.:• a" u' ?# �. 2:: �at:':; �ta(C4�rjn;^-fcw'�F::€s'�Lm�mTM� � = '��. n ; s ' '�'"p � '�" 3` 869 3 . - a+ ,G� ° I m Abbre tedlR �- ;, t , ' �' s} a` Y 1�..��.y����.»s�= � � �� �a _. ,evew�Alternatives a �� .��� �'�.�;� .�. r.,.� �:tG:�_s�.�. Y ��La. :�. ..... ..� k ..,.�. a� +�' �.��u� "3�u;:+�eia'��wrt aau�,fs"e.�.?�'�'s� 870 15.27.303 Minor Activities Allowed without a Permit or Exemption. 871 1) This chapter shall be inapplicable to the following actions (15.27 140(2)) S72 a) Maintenance of existing, lawfully established areas of crop vegetation, landscaping, )'3 paths, and trails or gardens within a regulated cntical area or its buffer Examples 6 74 include mowing lawns, weeding, garden crops, pruning, and planting of non - invasive 875 ornamental vegetation or indigenous native species to maintain the general condition and 876 extent of such areas, 877 b) Minor maintenance and /or repair of structures that do not involve additional 878 construction, earthwork, or cleanng. Examples include painting, tnm or facing 879 replacement, re- roofing, etc Cleaning , operation and maintenance of canals, ditches. 880 drains, waste ways etc is not considered additional earthwork, as long as the cleared 881 matenals are placed outside the stream corridor, wetlands, and buffers, 882 c) Low impact activities such as hiking, canoeing, viewing, nature study, photography 883 hunting, fishing, education or scientific research, 884 d) Creation of private trails that do not cross streams or wetlands that are less than two (2) 885 feet wide and do not involve placement of fill or grubbing of vegetation, 886 e) Maintenance and normal work of the Greenway pathway and grounds, 887 f) Planting of native vegetation 888 g) Noxious weed control outside vegetative buffers identified rn § 15 27 514, 889 h) Noxious weed control within vegetative buffers, if the cntena listed below are met 890 Control methods not meeting these cntena may still apply for a restoration exemption, or 891 other authonzation as applicable 892 r Hand removal /spraying of individual plants or other acceptable method approved by 893 the administrative official 894 11 No area wide vegetation removal /grubbing. - 95 2 I -4 2Uos 27 City of Yakima 15.27 CAO 897 898 15.27.304 Documented Exemption — Procedural Requirements 899 The following development activities are exempt from standard development permits, except that 900 Flood Hazard exemptions shall follow the exemption procedures found in § 15.27 403 901 Exemption from this chapter shall follow procedures 6 a) below and does not under any 902 circumstances give permission to degrade a cntical area or ignore risk from natural hazards Any 903 incidental damage to, or alteration of, a cntical area that is not a necessary outcome of the 904 exempted activity shall be restored. rehabilitated, or replaced at the responsible party s expense 905 according to § 15 27 521 Reclamation 906 1) Exemptions shall be construed narrowly and any exempted development shall be 907 consistent with the policies and provisions of this chapter 908 2) If any part of a proposed development is not eligible for an exemption, then a 909 development permit is required for the entire proposed project 910 3) The burden of proof that a development or use is exempt is on the applicant 911 4) When a development or use is proposed that does not comply with the bulk, dimensional 912 and performance standards of this chapter, such development must also obtain an 913 Adjustment 914 5) All exempted activities shall use reasonable methods to avoid potential impacts to cntical 915 areas. 916 6) The proponent of an exempt activity shall submit a wntten request for a documented 917 exemption which states the following 918 a) Why the exemption is being sought 919 b) A project descnption that demonstrates the following 920 r) The sequence of activities to be conducted, 921 u) The equipment to be used (hand or mechanical), 922 iii) The best management practices to be used, 923 iv) The efforts employed to minimize adverse impacts, and 924 v) Restoration for disturbed areas following the activity including mitigation for 925 lost wetland functions 926 7) The Administrative Official or designee shall approve or deny the exemption. A formal 927 letter of exemption shall be provided when an exempt activity is approved under this 928 chapter If an exemption cannot be granted, the Administrative Official or designee shall 929 notify the applicant in wasting, stating the reason for denial of the exemption, at which 930 time the applicant may pursue other permit processes under this chapter or modify the 931 activity to a level that would justify reconsideration. 932 8) The following activities are exempt from the standard development permit process and 933 identified in the following locations However, this provision does not exempt an activity 934 from other parts, permits or reviews required under Ch. 15 27 935 a. Those activities listed in § 15.27 305 Exemptions for Hydrologically Related 936 Cntical Area Features and Wetlands 937 b Those activities listed in § 15 27 306 Exemptions for Geologically Hazardous 938 Areas, and. 939 c Those activities listed in § 15 27 403 are exempt from the Flood Hazard Permit 940 requirements of Part Four Flood Hazard Areas 941 2 14,20u1 23 City of Yakima 15.27 CAO )12 15.27.305 Documented Exemptions for Hydrologically Related Critical Areas and 943 Wetlands 944 The following development activities are exempt from standard development permits, except that 945 Flood Hazard exemptions shall follow the exemption procedures found in 5 15.27 403 946 947 (1) Construction of a single - family residence and appurtenances where the residence and 948 appurtenances meet all requirements of the City of Y aknna and do not he within a 949 designated critical area or buffer (See Single - Family Dwelling and Normal Appurtenances 950 definition §§ 15 27 287 & 15.27 272) Applications for development within critical areas 951 or their buffers shall follow the procedures of 15 27 317 Adjustments 952 a) Construction shall not involve placement of fill in any wetland or at locations 953 waterward of the ordinary high water mark, and 954 b) Construction authorized under this exemption shall be located landward of the 955 ordinary high water mark 956 (2) Single - Family residence bulkheads, which includes those structural and nonstructural 957 developments installed at or near, and parallel to, the ordinary high water mark for the sole 958 purpose of protecting the single - family residence and appurtenant structures from Loss or 959 damage by erosion 960 a) Normal protective bulkheads are not exempt if constructed for the purpose of creating 961 dry land 962 b) The Administrative Official or designee shall consider bioengineering options pnor to 963 exemption of (b) & (c) below c) When repairing an existing bulkhead by construction of a vertical wall it shall be 965 constructed no further waterward of the existing bulkhead 966 d) Bioengineered erosion control projects may be considered a bulkhead when the 967 project has been approved by the Department of Fish and Wildlife; 968 (3) Normal maintenance or repair of existing structures or development, including damage 969 by accident, fire, or elements are exempt, but may require a building permit (See 970 15 27 273 Normal Repair) 971 a) Except where repair involves total replacement or causes substantial adverse effects 972 to the environment. 973 b) Replacement of non - conforming uses or facilities may also be subject to Ch 15 19 974 Non- confoi u sing Uses and Facilities 975 (4) Einergency construction for protecting property from damage by the elements 976 The following criteria must exist to qualify any action under an emergency provision 977 a) There must be an immediate threat to life, public or private property, or the 978 environment arising from a natural condition or technical incident. 979 b) The emergency response must be confined to the action necessary to protect 980 life or property from damage 981 c) The scope of the emergency response must be limited to the work necessary to 982 relieve the immediate threat 983 d) The emergency response applies only to the period of time when the actual 984 emergency exists 985 e) The request must be accompanied by a permit application or for an emergency exemption Submittal requirements may be waived until after the emergency is 2 , 14.'200S 2 =1 City of Yakima 15.27 CAO 987 deemed abated, and at that time the property owner shall submit an emergency 988 mitigation summary to the City of Yakima, 989 (5) Construction of a dock for the use of a single - family or multiple - family residence, 990 (6) The construction of canals, waterways, drains, reservoirs, or other manmade facilities 991 as a part of an irrigation system, 992 (7) Any project with certification from the governor pursuant to RCW 80 50 (Energy 993 facilities — site locations), 994 (8) Watershed restoration projects pursuant to RCW 89 08 460; 995 (9) Site exploration and investigation activities required for a development permit 996 provided that 997 a) The activity will have no significant adverse impact on the environment, 998 b) The activity does not involve the installation of any structure, and 999 c) Upon completion of the activity, the vegetation and land configuration of the site are 1000 restored to conditions as they existed pnor to the activity; 1001 (10) The process of removing or controlling aquatic noxious weeds, as defined in RCW 1002 17.26 020 (control of spartina and purple loosestnfe), through the use of an herbicide or 1003 other treatment methods applicable to weed control that are recommended by a final 1004 environmental impact statement published by the Department of Agnculture or the 1005 Department of Ecology jointly with other state agencies under chapter 43.21C RCW 1006 (SEPA), 1007 (11) A public or private project to improve fish or wildlife habitat or fish passage, if 1008 a) The project has been approved by the Department of Fish and Wildlife, 1009 b) The project has received hydraulic project approval by the Department of Fish and 1010 Wildlife pursuant to chapter 75.20 RCW (Hydraulics Code), 1011 c) The Administrative Official has determined that the project is consistent with this 1012 chapter 1013 d) Fish habitat enhancement projects that conform to the provisions of RCW 1014 77 55 181 (Fish Habitat Enhancement Projects) are deemed consistent with this 1015 chapter 1016 (12) Hazardous substance remedial actions pursuant to chapter 70 105D RCW (Model 1017 Toxics Control Act) 1018 (13) The removal of trees, which are hazardous posing a threat to public safety or pose an 1019 imminent nsk of damage to pnvate or public property, from critical areas and their buffers. 1020 1021 15.27.306 Documented Exemptions for Geologically Hazardous Areas Development 1022 Authorizations 1023 The following development activities are exempt from standard development permits that are 1024 required for Geologically Hazardous Areas 1025 (1) Additions to or alteration of existing single - family residences. 1026 (2) Uses and surface disturbances (cleanng and grubbing) that do not include excavation, fill 1027 or irrigation 1028 (3) Structures less than one hundred and twenty (120) square feet, and 1029 (4) Oil gas, wind or other exploration that does not include explosions road construction 1030 excavation, or fill 1031 1032 15.27.307 Mitigation requirements 2 I „o0S 25 City of Yakima 15.27 CAO )3 (1) All mitigation shall be sufficient to maintain the functions and values of the cntical area. iO34 (2) All development shall demonstrate that reasonable efforts have been examined to avoid and 1035 minimize impacts to critical areas, and 1036 (3) When an alteration to a critical area is proposed, it shall be avoided, minimized or 1037 mitigated for in the following order of preference 1038 (a) Avoiding the impact, 1039 (b) Minimizing impacts by limiting the degree or magnitude of the action, by using 1040 appropriate technology (i e project redesign, relocation or timing, to avoid or 1041 reduce impacts), 1042 (c) Rectifying the impact by repairing, rehabilitating or restonng the affected 1043 environment as appropriate, 1044 (d) Reducing or eliminating the impact by preservation and maintenance operations, 1045 (e) Compensating for the impact by replacing or providing substitute resources or 1046 environments, or 1047 (f) Monitonng the impact and taking appropnate corrective measures 1048 (4) If an alteration to a cntical area is unavoidable, all adverse impacts to that cntical area 1049 and its buffers shall be mitigated for in accordance with an approved Mitigation Plan and 1050 mitigation for wetland impacts shall be mitigated in accordance with the Washington 1051 State Department of Ecology Wetland Mitigation in Washington State, Parts 1 and 2 1052 (March 2006 or as updated) 1053 (5) Mitigation shall be in -kind and on -site, whenever possible, and may be out -of -kind and /or ' ( )54 off -site when deemed appropriate by the Administrative Official or designee 5"u; 'x, y r ,*" �,,� a;" :^k d R,`�''";."i?S� " roa '� , ^, � •;°�^[ -^ `�' .°` '.'�'."` � cam.. � ,: ,� .. :m � k�"' '�'p�e� 5 a i r � � "WA 4 'TT t 3°" .s,���t; ReY1CW; Process s .s r a s a � x ti a' x.a er4� Li r...w: '�'.a'iva`. _ .x.. s `'e .,L,.. .r .sir m .. tui� ^ 4inr'"Gi:`.f: i56 15.27.308 Application Submittal 1057 (a) Applications for development authonzations under this chapter shall be made on forms 1058 provided by the Department. Application submittals shall include a site plan drawn to an 1059 engineenng scale of 1 20 showing 1060 i) Dimensions of all sides of the parcel, 1061 ii) Size and location of existing and proposed structures, 1062 ui) Excavation, fill, drainage facilities, impervious surfaces, topography, slope, and, 1063 iv) Other information as needed to determine the nature and scope of the proposed 1064 development, and 1065 v) Location of all cntical areas such as those identified in § 15 27 314 for Critical Area 1066 Report Requirements 1067 (b) The submittal shall also include all required critical areas reports prepared in conformance 1068 with §5 15.27 314 & 315 1069 (c) To be complete, a critical area development authorization application must include all maps, 1070 drawings and other information or data specified by this chapter or requested on the basis of the 1071 pre - application conference (j 15.27 302) 1072 1073 15.27.309 Determination of Review Process 1074 a) The Administrative Official or designee shall determine from the application submittal 1075 and other available information what type of permit and /or review will be required under 1076 this chapter ?7 b) Specific information of permit type, review and process can be found in /8 subsequent sections of Part Three of this chapter However, a description of each 2 ( 2 6 City of Yakima 15.27 CAO 1079 type of permit or review is provided in Table 3 -1 below More than one (1) 1080 permit or review may be needed for a project dependant upon project complexity 1081 Table 3 -1 x... ,J R 9 : - : ^ '.:', "'' '.xti ;;;^4i ':i.. :;a'" 6 "1.•` ;sa. ..:'F - . "r'r "•�;,,.e;,,„�;:' ,.r3d,ny,�y y * ?.' .cs,.,•,�^' fh.� General,Pelf_i111tS„ SOP,' RevleV►' S, a...?'=` r" �i' s�..:.;,, rc�g- 5 ` »'... "`.'''Y�'3:c,�r ""n,`,`.. Standard Development. Standard development projects include any development not subject to RCW Ch 90.58, the Shoreline Management Act Documented Exemptions Documented Exemptions are described as minor activities that do not need to go through a permit process Exemptions from this chapter may be found in the following 5 15 27 305 - 306 and 15.27 403 .. .� � i ° , ".Wti' P S °� w nu$'i� �. �w� • i'®.v� :iM:a. f'.' 7.$: �4t, ':z "• n „�...7+i ; ;,y >t"^r'�,ti, -0: yg ,. t ' { .p, uR ' +,4e .t�. �" � �� ',} ,�' , ��,�Sp'ecif cPerixa><ts , � �r s � � f.::w�� =p�'� � �.� }� � � � � ;x. +. .F.*�.n K*.� . n�f, :� "f,.:� t'tu.. �. d- - .r�... -� ., � "',�,'��"'�.c z � ,f,`.��n�rvs.,>�.��+ »'. ;Yc , ,.� �1'`<r ,, 7 _7, ..» �:,,+..,r.. .,. Adjustment An Administrative Adjustment is used outside Shoreline jurisdiction when a project requires a reduction or adjustment to a development standard Non - conforming Use or Facility Alteration A Non - conforming Use or Facility Alteration is necessary when an existing use that currently does not conform to this chapter is to be altered Minor revisions to an Existing Permit. A Minor Revision to an Existing Permit allows a simplified review of certain changes to a project that has previously received a permit Reasonable Use Exception A Reasonable Use Exception provides an alternative to landowners when all reasonable use of a property has been prohibited Flood Hazard Permit. A Flood Hazard Permit is required for activities within floodplains It may include many of the specific pennit types noted above, which are described in Part Four § 15.27 400 - 436 It is focused mainly on construction methods, but may include site design to minimize impacts to adjacent properties or resources, or to locate the proposed development in areas where depth and velocity of floodwaters dunng the base flood do not exceed the current standards for construction of human occupied structures or safe access 1082 1083 1084 15.27.310 Development Authorization — Review Procedure 1085 Upon submittal and acceptance of a completed development authonzation application, the 1086 Administrative Official or designee shall process and review the application as follows Except 1087 Permits or reviews under Part Four shall follow the development regulations and procedures of 1088 §§15 27 400 — 436 1089 1090 (1) Development authonzations shall be processed in accordance with Title 15 notice 1091 procedures, and when applicable, with specific requirements provided in §§ 15.27 316 - 1092 320, including but not limited to 1093 a. submittals, 1094 b completeness review, 1095 c notices, 1096 d hearings, 1097 e decisions, and, 1098 f appeals 1099 1100 (2) Development authonzations shall be reviewed in conformance with the applicable 1101 development standards of §15 27 321 and with Parts Five — Eight. 1102 2 14 21)06 City of Yakima 15.27 CAO D3 (3) Decisions on a development authorization shall be consistent with §§ 15.27.311 1 104 Authonzation Decision — Basis for Action, 15 27 312 Conditional Approval of 1 105 Development Authorizations and with any specific decision cnteria provided under the , 1 106 section for each relevant permit type, as provided in §§ 15.27 316 - 321 (Permit Review 1107 Criteria) 1108 1 109 15.27.311 Authorization Decisions — Basis for Action 1 1 10 The action on any development authorization under this chapter shall be based upon the 11 1 1 following criteria 1 1 12 (1) Impact of the project to critical area features on and abutting the property; 1113 (2) Danger to life or property that would likely occur as a result of the project 1 1 14 (3) Compatibility of the project with the cntical area features, 1 115 (4) Conformance with applicable development standards, 1 1 16 (5) Compliance with flood hazard mitigation requirements of §§ 15 27 400 - 436, 1117 (6) Adequacy of the information provided by the applicant or available to the Department, 1 1 18 (7) Based upon the project evaluation, the Administrative Official shall take one (1) of the 1 1 19 following actions 1 120 a) Grant the development authonzation, or, 1121 b) Grant the development authorization with conditions, as provided in § 15 27 312 1122 (Conditional Approval), to mitigate impacts to the critical area feature(s), or 1 123 c) Deny the development authorization. 11-)4 (8) The decision by the Administrative Official or designee shall include wntten findings i?5 and conclusions ,126 1 127 15.27.312 Conditional Approval of Development Authorization 1 128 In granting any development authonzation, the Administrative Official or designee may impose 1 129 conditions to 1130 (1) Accomplish the purpose and intent of this chapter; 1131 (2) Eliminate or mitigate any identified negative impacts of the project; 1 132 (3) Protect cntical areas from damaging and incompatible development. 1133 1134 15.27.313 Fees and Charges 1135 The Yakima City Council shall establish the schedule of fees and charges listed in Yakima 1136 Municipal Code Title 15 (City of Yakima Fee Schedule), for development authonzations 1 137 vanances, appeals and other matters pertaining to this chapter 1138 ,, re re ' E 7,'i ,w;2rtwsr, r? ? h fi °k= sv*aq*wxf.`� : � s •�_.,,'",'"',�. v; i . R r l , �*�'�.r ; ', " ^T ?' ta'w :071, °Y sg�'i 74rz uv 'vr z PA i { trS'° � iy , t .�+ .. . a 119 d� u. Czhcal.Areas..Reports �wwY�' 1140 15.27.314 Critical Areas Report Requirements 1 141 (1) The Administrative Official or designee may require a cntical areas report, paid for by 1 142 the applicant, when it is determined necessary 1 143 (2) A qualified professional shall prepare the report consistent with Best Available Science 1144 The intent of these provisions is to require a reasonable level of technical study and 1 145 analysis sufficient to protect critical areas The analysis shall be appropnate to the value 1 146 or sensitivity of a particular cntical area and relative to the scale and potential impacts of 47 the proposed activity .48 (3) The cntical area report shall 14 ",()0'0 28 City of Yakima 15.27 CAO 1 149 a) Demonstrate the proposal is consistent with the purposes and standards of this 1150 chapter; 1 151 b) Describe all potential nsks to cntical areas, and assess impacts on the cntical area 1152 from the activities and uses proposed and, 1153 c) Identify mitigation and protective measures 1154 (4) The cntical areas report shall include information addressing the supplemental report 1155 requirements (See j 15.27 315) 1156 (5) The Administrative Official or designee shall review the critical areas report for 1157 completeness and accuracy and shall consider the recommendations and conclusions to 1158 assist in making decisions on development authonzations, appropnate mitigation, and 1159 protective measures 1 160 (6) Cntical areas reports shall be valid for a penod of five (5) years. unless it can be 1161 demonstrated that a previous report is adequate for current analysis Reports prepared for 1162 adjacent properties may be utilized for current analysis only when it can be shown 1 163 through a supplemental report or site investigation that conditions on site are unchanged 1164 (7) The Administrative Official or designee may require the preparation of a new critical area 1165 assessment or a supplemental report if the initial assessment is in error 1166 (8) The Administrative Official or designee may reject or request revision of the cntical 1 167 areas report when it can be demonstrated that the assessment is inaccurate, incomplete or 1168 does not fully address the cntical areas impacts involved 1169 (9) Applicants shall provide reports and maps to the City in both electronic and paper 1 170 formats In addition, all critical area delineations / maps shall be provided to the City by 1171 means of a GPS projected coordinate system data set, such as, NAD 27 or NAD 83 The 1 172 City may waive this requirement for single - family developments Applicants are 1 173 encouraged to coordinate with the Administrative Official or designee regarding 1174 electronic submittal guidelines 1175 (10) At a minimum, a critical areas report shall include the following information 1 176 a) A site plan showing the proposed development footprint and cleanng limits, and all 1 177 relevant critical areas and buffers, 1178 b) A written summary of the cntical areas, including their size, type, classification or 1179 rating, condition, disturbance history, and functions and values For projects on or 1180 adjacent to geologically hazardous areas or areas subject to high floodwater depth or 1 181 velocity the descnption shall identity the type and charactenstics of the hazard. 1182 c) An analysis of potential adverse impacts and how they will be mitigated or avoided 1183 Geological hazardous areas are additionally required to assess the nsks posed by the 1184 development to critical areas, public and pnvate properties. and both associated and 1185 unassociated near by facilities and uses 1186 d) When impacts cannot be avoided, the report shall include a plan descnbing mitigation 1187 to replace cntical area functions and values For projects on or adjacent to 1188 geologically hazardous areas or areas subject to high floodwater depth or velocity the 1 189 mitigation shall additionally address the site, and other public and private properties 1 190 and both associated and unassociated near by facilities and uses potentially affected. 1 191 e) The dates, names, and qualifications of the persons prepanng the report and 1192 documentation of analysis methods including any fieldwork performed on the site 1193 and _ 14 inn 29 City of Yakima 15.27 CAO )4 f) Additional reasonable information requested by the Administrative Official or 1195 designee 1 196 (11) A critical area report may be supplemented by or composed, in whole or in part, of any 1 197 reports or studies required by other laws and regulations or previously prepared for and 1 198 applicable to the development proposal site 1 199 (12) The Administrative Official or designee may limit the geographic area of the critical area 1200 report as appropriate. 1201 (13) Compensatory Mitigation Plans - When compensatory mitigation, as described in § 1202 15 27 307 Mitigation Requirements, are proposed for wetland areas or stream channels, the 1203 applicant shall submit a mitigation plan as part of the critical area report, which includes 1204 a) A wntten report identifying environmental goals and objectives of the proposed 1205 compensation including a description of 1206 i The anticipated impacts to the critical areas, 1207 11 The mitigating actions proposed, 1208 lit The purpose of the compensation measures, including site selection 1209 cntena, 1210 iv The compensation goals and objectives 1211 ti The desired resource functions, 1212 vi Construction activities start and completion dates, and 1213 vii Analysis of anticipated success of the compensation project. 1214 b) A review of the best available science supporting the proposed mitigation, "15 c) A descnption of the report and the author s experience to date in restoring or creating the )6 type of critical area report proposed, and, 17 d) Performance Standards — The mitigation plan shall include measurable specific cntena 1218 for evaluating the goals and objectives to ensure the mitigation project has been 1219 successfully attained 1220 e) Detailed Construction Documents - The mitigation documents shall include wntten 1221 specifications and plans describing the mitigation proposed, such as 1222 1 The proposed construction sequence, timing, and duration, 1223 n Grading and excavation details, 1224 111 Erosion and sediment control features, 1225 iv A planting plan specifying plant species, quantities, locations, size, spacing, and 1226 density; 1227 v Measures to protect and maintain plants until established, and 1228 vi.Documents should include scale drawings showing necessary information to convey 1229 both existing and proposed topographic data, slope, elevations, plants and project 1230 limits 1231 f) Monitonng Program - The mitigation plan shall include 1232 1 A program for monitonng both construction of the compensatoryproject and its 1233 completion and survivability; 1234 11 A plan which details how the monitoring data will be evaluated to determine if the 1235 performance standards are being met, 1236 1i1.Reports as needed to document milestones, successes, problems, and contingency 1237 actions of the compensation project, and j8 iv Monitoring for a penod necessary to establish that performance standards have been 99 met, but not for a penod less than five (5) years, 2 1 1 30 City of Yakima 15.27 CAO 1240 g) Contingency Plan - Identification of the potential courses of action, and any corrective 1241 measures to be taken if monitonng or evaluation indicates project performance standards 1242 are not being met. 1243 h) Financial Guarantees - A financial guarantee ensuring fulfillment of the compensation 1244 project, monitoring program, and any contingency measures shall be posted in 1245 accordance with § 15.27 321(1) Financial Guarantees 1246 (14) Innovative Mitigation 1247 a) Advanced mitigation or mitigation banking are examples of alternative mitigation 1248 projects allowed under the provisions of this section. One (1) or more applicants or an 1249 organization with demonstrated capability, may undertake a mitigation project together if 1250 it is demonstrated that all of the following circumstances exist 1251 1 Creation or enhancement of a larger system of critical areas and open space is 1252 preferable to the preservation of many individual habitat areas, 1253 11 The applicant demonstrates the organizational and fiscal capability to act 1254 cooperatively; 1255 111 The applicant demonstrates that long -term management of the habitat area will be 1256 provided, and 1257 iv There is a clear potential for success of the proposed mitigation at the identified site 1258 v There is a clear likelihood for success of the proposed plan based on supporting 1259 scientific information and demonstrated experience in implementing similar plans, 1260 vi The proposed project results in equal or greater protection and conservation of cntical 1261 areas than would be achieved using parcel -by- parcel regulations and/or traditional 1262 mitigation approaches, 1263 vii The plan is consistent with the general purpose and intent of this section, 1264 viii The plan shall contain relevant management strategies which are within the scope of 1265 this section, and 1266 ix The plan shall contain clear and measurable standards for achieving compliance with 1267 the purposes of this section, a descnption of how such standards will be monitored 1268 and measured over the life of the plan, and a fully funded contingency plan if any 1269 element of the plan does not meet standards for compliance 1270 b) Conducting mitigation as part of a cooperative process does not reduce or eliminate the 1271 required wetland replacement ratios 1272 c) Projects that propose compensatory wetland mitigation shall also use the standards in § 1273 15 27 604 Compensatory Mitigation Requirements. For those situations where a 1274 mitigation bank may provide an opportunity for mitigation, then the requirements in § 1275 15.27 605 Wetland Mitigation Banks shall apply 1276 1277 15.27.315 Supplemental Report Requirements for Specific Critical Areas 1278 1) Stream Corridors When a critical areas report is required for a stream comdor or 1279 hydrologically related critical area, it shall include the following 1280 a) A habitat and native vegetation conservation strategy that addresses methods to protect 1281 the functional properties listed in § 15 27 504 Functional Properties 1282 b) Where proposed construction lies within an immediate zone of potential channel 1283 migration, a hydrologic analysis report may be required The report shall assume the 1284 conditions of the one - hundred -year flood, include on -site investigative findings, and 1285 consider historical meander characteristics in addition to other pertinent facts and data. _ i 4 200 31 City of Yakima 15.27 CAO 2) Wetlands When a cntical areas report is required for Wetlands, it shall include the 1287 following 1288 a) The exact location of a wetland's boundary and wetland rating as determined through 1289 the performance of a field investigation by a qualified wetland professional applying the 1290 Washington State Wetland Iclentification and Delineation Manual (Ecology Publication 1291 #96 -94) as required by RCO / 36.70A.175 and the Washin ton State Wetland Rating 1292 System for Eastern Washington 1293 b) All delineated wetlands and required buffers within two hundred (200) feet of the 1294 project area shall be shown on the site plan Available information should include, but 1295 not be limited to aerial photos, land based photos, soils maps, or topographic maps 1296 c) An analysis of the wetlands including the following site related information 1297 i A statement specifying the accuracy of the report and all assumptions made and 1298 relied upon, 1299 11 Documentation of fieldwork performed on the site, including field data sheets for 1300 delineations, wetland rating forms, baseline hydrologic data, etc 1301 111 A descnption of the methodologies used to conduct the wetland delineations, or 1302 impact analyses including references, 1303 iv Wetland category, including vegetative, faunal, and hydrologic characteristics 1304 d) For projects that will affect the wetland or buffer, provide the following 1305 i A habitat and native vegetation conservation strategy that addresses methods to 1306 protect or enhance on -site habitat and wetland functions and values listed in § 1 ;07 1 5.27 603(1) Wetland Functions and Rating, and § 15.27 504 Functional Properties 18 11 Mitigation sequencing, pursuant to § 15 27 307 Mitigation Requirements to avoid, 1 309 minimize, and mitigate impacts shall result in '`not net loss of acreage or functional 1310 values of wetlands and shall follow the guidance provided in § 15 27 604 1311 Compensatory Mitigation 1312 3) Geologically Hazardous Areas When a cntical areas report is required for a Geologically 1313 Hazardous Area, it shall include the following 1314 1 A description of the site features, including surface and subsurface geology 1315 11 A description of the geologic processes and hazards affecting the property, including 1316 a determination of the actual hazard types for any Suspected and Risk Unknown 1317 hazards identified in the affirmative determination of hazard, 1318 111 A descnption of the vulnerability of the site to seismic and other geologic processes 1319 and hazards, 1320 iv A description of any potential hazards that could be created or exacerbated as a result 1321 of site development, 1322 v For developments in or affecting landslide hazard areas the report shall also include 1323 (1) Assessments and conclusions regarding slope stability including the potential 1324 types of landslide failure mechanisms (e g., debns flow, rotational slump, 1325 translational slip, etc ) that may affect the site. The stability evaluation shall 1326 also consider dynamic earthquake loading and shall use a minimum horizontal 1327 acceleration as established by the current version of the YMC Title 11 1328 (Building Code), 1329 (2) An analysis of slope recession rate shall be presented in those cases where "0 stability is impacted by stream meandering or other forces acting on the toe of 31 the slope, City of Yakima 15.27 CAO 1332 (3) Descnption of the run -out hazard of landslide debris to the proposed 1 333 development that starts up -slope and /or the impacts of landslide run -out on 1334 down -slope properties and cntical areas 1335 4) Flood Hazards 1336 a) Pnor to authorization of any construction within a floodplain, which can be 1337 anticipated to displace floodwaters or alter the depth or velocity of floodwaters 1338 dunng the base flood, an engineering report shall be prepared by a Licensed 1339 engineer in the State of Washington that establishes any new flood elevations that 1340 would result for the one - hundred -year flood frequency if the project were 1341 implemented 1342 1343 ;3', . ;# s» �r-e.�q e:: --m .te - ° . : a, "'p' - e _ �r •vzar, - „k ,.''a'�.:fi,.ta',, - *;,*^ .r .. R � �,w. r ', wt a xJ` �' F y;'3 L , q g �.. ,� C �, ... ,S�T` �:'... -�'s' � aa�'z` p..�? �^w . 1 344 r;, ti giii t Review Grim �l > �� i fd { �' ::.� � °.t t.�.i a..w.X S.. :- cf�'3"� >r'�. F :we � an:v.3�',� a`L�: Y9.� .. 13`.,..�':.ka,..«, �m..�"9C :w''a'r �.i'i:`:is 1345 15.27.316 Standard Development Permit 1346 1) Classification Criteria — Standard Development permits include any development not 1347 subject to RCW Ch. 90 58 (Shoreline Management Act) 1348 2) Process - Standard Development permits shall be processed as either a Level (1) or Level 1349 (2) Review, and applications that are of a significant size or scope may be processed as a 1350 Level (2) or (3) Review at the judgment of the Administrative Official or designee 1351 Examples of such projects include those that typically require environmental review 1352 (SEPA), filling or excavating a stream channel or wetlands, involve large amounts of fill 1353 require large amounts of parking, etc 1354 3) Decision Criteria — Decisions on Standard Development permits shall be based on the 1355 general decision cntena found in § 15.27 311 Authonzation Decisions — Basis for 1356 Action. 1357 1358 15.27.317 Adjustment 1359 1) Classification Criteria — For projects not required to be processed under RCW Ch 90 58 1360 (Shoreline Management Act) the Administrative Official or designee is authonzed to 1361 administratively adjust the development standards Existing structures, parcel size, property 1362 boundanes, and other constraints may preclude conformance with building setbacks and 1363 vegetative buffers Given such constraints, administrative adjustments may be authonzed 1364 where the site plan and project design include measures to ensure the protection and 1365 performance of the functional properties identified in § 15 27 504 Functional Properties 1366 Adjustments of vegetative buffer standards listed in Table 6 -1 and 6 -2 may be reduced to the 1367 minimum buffer width listed Reductions below the minimum may be considered but require 1368 stncter cntena be met in subsection 3(d) below Adjustments to prohibited use limits are not 1369 allowed. 1370 2) Process — Requests for an Adjustment permit shall be processed as a Level (2) Review 1 371 Requests for adjustments of development standards shall be made in writing and shall 1372 specify the standard(s) that an adjustment is sought for along with the reasons why the 1373 adjustment is sought 1374 3) Decision Criteria - Decisions on Adjustment permits shall be based on the general decision 1375 cntena found in § 15 27 311 Authonzation Decisions — Basis for Action together with the 1376 cntena below '1 -3 2, 14.2uur, � 3 City of Yakima 15.27 CAO )77 a) A particular standard may be reduced or modified as long as the Administrative 13 Official determines that the adjustment and /or reduction 1379 1 Is consistent with the purpose of this chapter, 1380 n Is consistent with the intent of the standard, and, 1381 111 Will not result in degradation of the critical area. 1382 b) The Administrative Official or designee shall consider the following 1383 1 The proximity and relationship of the project to any critical area and its potential 1384 impacts 1385 11 The functions and values that the critical area performs, 1386 111 The overall intensity of the proposed use, 1387 iv The presence of threatened, endangered, or sensitive species, 1388 v The site's susceptibility to severe erosion, and 1389 vi The use of buffer averaging or buffer enhancement plans by the applicant using 1390 native vegetation or other measures to enhance the functions and values of the 1391 Hydrologically Related Critical Area (HRCA) 1392 c) When granting an adjustment, the Administrative Official or designee may require, but is 1393 not limited to the following alternative measures to protect the functions and values of the 1394 HRCA 1395 (1) Restoration of impaired channels and banks to conditions which support 1396 natural stream flows, fish habitat, and other values 1397 (ii) Restoration, enhancement, and preservation of soil characteristics and the 1 398 quantity and vanety of native vegetation, D9 (in) Provisions for erosion control and the reduction and filtration of 1400 stormwater runoff on the stream channel and buffer; 1401 (iv) Removal or alteration of existing manmade facilities associated with 1402 stream channels, or drainage ways, which improve stream -flow or exchange of 1403 surface waters 1404 (v) Replacement of lost stream comdor features on an acre -for -acre basis and 1405 replacement of lost wetlands in accordance with guidance provided in the 1406 Washington State Department of Ecology s Wetland Mitigation in Washington 1407 State, Parts 1 and 2 (March 2006 or as updated, 1408 (vi) Conservation easements for key portions of stream comdor property 1409 and /or their inclusion within public or private conservation programs, or 1410 (vii) Vegetative buffer averaging may be modified by averaging buffer widths 1411 Buffer averaging is preferred in the use of mitigation sequencing (' 15.27 307 1412 Mitigation Requirements) over a reduction in the buffer standards 1413 d) The following additional cntena must be met to reduce the cntical areas stream and 1414 wetland buffers found in Tables 5 -1 and 5 -2 below the minimum listed in the respective 1415 tables. 1416 1 There is a hardship related to maintenance of the minimum buffer width that 1417 results from parcel boundaries or existing on -site development 1418 11 When warranted under (a) above the buffer width shall be the maximum possible 1419 while meeting the minimum need of the proposal 1420 in The applicant shall prepare a mitigation plan, which addresses the decrease of , 21 wetland or stream function due to the decrease in buffer size )2 i-; 2{„., 34 City of Yakima 15.27 CAO 1423 15.27.318 Reasonable Use Exception 1424 1) Classification Criteria - If the application of this chapter would deny all reasonable 1425 economic use of the subject property the property owner may apply for a Reasonable Use 1426 Exception 1427 2) Process - A Reasonable Use Exception shall be processed as a Level (3) Review with a 1428 public heanng. 1429 3) Decision Criteria - The Reasonable Use request shall be accompanied by conformance 1430 cntena. Failure to satisfy any one of the criteria shall result in denial of the request and the 1431 burden of proof shall be on the applicant. Decisions on a Reasonable Use request shall be 1432 based on the general decision cntena found in 5 15 27 311 Authonzation Decisions — Basis for 1433 Action, together with the cntena below 1434 1 The application of this chapter would deny all reasonable use of the property; 1435 provided that the inability of the applicant to derive reasonable use of the property is 1436 not the result of actions by the applicant, 1437 u No other reasonable use of the property has less impact on the critical area 1438 111 Any alteration is the minimum necessary to allow for reasonable use of the property 1439 1440 15.27.319 Minor Revisions to Approved Uses or Development 1441 1) Classification Criteria — Minor revisions as described in & 15 27 266 to a project that 1442 has been previously approved under a cntical area permit are allowed under the following 1443 circumstances 1444 a. Changes that are not substantive are not required to obtain a revision and may be 1445 allowed 1446 b Substantive changes are those that matenally alter the project in a manner that 1447 relates to its conformance with the permit requirements Such changes may be 1448 approved as a minor revision, if the Administrative Official or designee 1449 determines that the proposed revision is within the scope and intent of the onginal 1450 permit, and meets the cntena listed below Failure to meet the cntena below will 1451 require a new permit 1452 i Lot coverage and height may be increased by a maximum of ten (10 %) 1453 percent from the provisions of the original permit, provided that 1454 a. Revisions involving new structures not shown on the original site plan 1455 shall require a new permit, and, 1456 b Any revisions authonzed under this subsection shall not exceed height, 1457 lot coverage, setback, or any other requirements of this chapter 1458 11 Landscaping may be added without an application for a new permit provided 1459 that it is consistent with conditions of the onginal permit 1460 iii.The use authonzed pursuant to the onginal permit has not changed 1461 iv No additional significant adverse environmental impacts will be caused by the 1462 project revision 1463 2) Process — Minor revisions to existing permits shall be processed under Class (1) Review 1464 procedures 1465 3) Decision Criteria - Decisions on permit revisions shall be based on the general decision 1466 cntena found in § 15.27 311 Authonzation Decisions — Basis for Action 1467 1468 15.27.320 Non - Conforming Uses and Facilities 2 14 . 200S 3 5 City of Yakima 15.27 CAO Non - Conforming Uses and Facilities are classified as either Conforming Uses with Non - 1470 Conforming Structures or Areas, or as Non - conforming Uses Both of which have different 1471 review processes and decision critena, as provided for in Ch. 15 19 of the Yakima Municipal 1472 Code 1473 1474 15.27.321 General Critical Areas Protective Measures 1475 The standards below apply to all permits and reviews performed under this chapter 1476 1) Financial guarantees to ensure mitigation, maintenance. and monitonng. 1477 a) When required mitigation pursuant to a development proposal is not completed prior 1478 to the City of Yakima s final permit approval the Administrative Official, or designee 1479 may require the applicant to post a financial guarantee to ensure that the work will be 1480 completed 1481 b) If a development proposal is subject to compensatory mitigation, the applicant must 1482 post a financial guarantee to ensure mitigation is fully functional 1483 c) All financial guarantees shall be in the amount of one hundred and twenty -five percent 1484 (125 %) of the estimated cost of the uncompleted actions and /or the estimated cost of 1485 restoring the functions and values of the critical area that are at nsk. 1486 d) The financial guarantee may be in the form of a surety bond, performance bond, 1487 assignment of savings account, ir letter of credit guaranteed by an acceptable 1488 financial institution, or other form acceptable to the Administrative Official or 1489 designee, with terms and conditions acceptable to the City of Yakima attorney ' 490 e) The financial guarantee shall remain in effect until the Administrative Official or designee deteiiiunes that the standards bonded for have been met Financial 1492 guarantees for wetland or stream compensatory mitigation shall be held for a 1493 minimum of five (5) years after completion of the work to ensure that the required 1494 mitigation has been fully implemented and demonstrated to function 1495 f) If public funds have previously been committed for mitigation, maintenance, 1496 monitoring, or restoration a financial guarantee will not be required 1497 g) Failure to satisfy cntical area requirements shall constitute a default, and the 1498 Administrative Official and his or her designee may demand payment of any financial 1499 guarantee 1500 h) Any funds recovered pursuant to this section shall be used to complete the required 1501 mitigation Such funds shall be deposited in a separate account. The City of Yakima 1502 will use such funds to arrange for completion of the project or mitigation, and follow - 1503 up corrective actions 1504 i) Depletion. failure, or collection of financial guarantees shall not discharge the 1505 obligation of an applicant or violator to complete required mitigation, maintenance. 1506 monitoring, or restoration. 1507 2) Subdivision Standards - The following standards apply to all permits or reviews under the 1508 Subdivision Ordinance (Title 14) that contain cntical areas 1509 a. All subdivisions that contain critical areas shall be eligible for density bonuses or 1510 other development incentives, as provided in the Subdivision Ordinance (Title 14) 1511 and Zoning Ordinances (Titles 15) 1512 b Cntical areas shall be actively protected through the following -) 13 i Roads and utilities for the subdivision shall avoid critical areas and their 14 buffers. as much as possible, _,1t2Un 36 City of Yakima 15.27 CAO 1515 11 When Geologically Hazardous Areas (excluding Erosion, Over steepened 1516 Slopes of Intermediate Risk, Stream Undercutting, and Earthquake hazards), 1517 FEMA Floodway Channel Migration Zone (CMZ), Streams, Wetlands and /or 1518 Vegetative Buffers fall within the boundary of a subdivision, 1519 1 Said cntical areas may be protected by placing them entirely within a 1520 separate critical area tract or by including them entirely within one of the 1521 developable parcels Other options, such as conser. ation easements and 1522 building envelopes may be deemed appropriate by the Administrative 1523 Official as meeting this provision when special circumstances obstruct 1524 the viability of this provision 1525 2 For those new lots that do contain said critical areas, useable building 1526 envelopes (5,000 square feet or more for residential uses) shall be 1527 provided on the plat that lies outside said cntical areas 1528 in New lots partially within the floodplain shall provide a usable building 1529 envelope (5,000 square feet or more for residential uses) outside the 1530 floodplain 1531 iv New lots entirely within the floodplain shall be at least one (1) acre in area, 1532 v For new lots containing streams, wetlands, and /or vegetative buffers, outdoor 1533 use envelopes shall be provided on the plat that hes outside said cntical areas, 1534 vi Degraded vegetative buffers shall be restored, or provided with protection 1535 measures that will allow them to recover; 1536 vii Floodplams and cntical areas shall be depicted on preliminary subdivision 1537 plats and relevant information about them disclosed on the final plat. 1538 vin Lots or parcels that lie entirely within a Geologically Hazardous Areas 1539 (excluding Erosion, Over Steepened Slopes of Intermediate Risk, Stream 1540 Undercutting, and Earthquake hazards), FEMA Floodway, Channel Migration 1541 Zone (CMZ), Stream. Wetland, and /or Vegetative Buffers may not be further 1542 divided 14 -Uf)) 37 City of Yakima 15.27 CAO )3 CHAPTER 15.27 1544 PART FOUR 1545 FLOOD HAZARD AREAS 1546 1547 1548 Sections Defined 3 ., `• .i -xq«ra;`R,..i . ;;i. AY" 1549 ,,; ]HLOOI) AREAS ° ° GENERAL PROVISIONS .' •, 1550 15 27 400 Flood Hazard Areas Established 1551 15.27 401 Principles 1552 15 27 402 Applicability 1553 15.27 403 Documented Exemptions 1554 15 27 404 Interpretations 1555 15 27 405 Compliance 1556 15.27 406 Warning and Disclaimer of Liability 'a^xt+' g S,k.A 3 � R to xM i�+' ��"`«t'.4 ,�aa•.ra S sw:"•.vn"'sm y a^'^,v� *�.,° masn xma+ �°'. #,* o `^=,i } -�.. - � .� a f 1 i�. if" 1557 � �� ' rz '� " ` „1k ;1:1' ��P AA _ PROTECTION S 'E, ��;t t`s'�" W a k r sz v,, .ate . 1558 15.27 407 General Standards 1559 15.27 408 Specific Standards nrs�• °am a: ffi �« 2^, �:^,, .a'• .M,y..;,. ,3F:'"r+ ��nr,�,..u^.e:e��eeocr. r - ,,.anvz- :'a 1560 F .R r ..� ; �' t,�r l gat OOD AY � NG ° I1S g° w y ' '`•'� ��, s 'E' � ;5.,a '� . .. 1 Xk'$9'k '� 4.:. a, �s6':. :v�:.3s�+`...,z�.V;.._�:.2:�r�. * ' - `"'�'�•'�' �. .... �%�y� ��"ek`.� �°� °'i v'�! .��i�a".;'� ":'�iwS::t °P' 1561 15.27 409 Floodway Fnnge Permitted Uses 1562 15.27 410 Floodway Fringe Prohibited Uses ' T"�s: °�i�§ ? , ' - ! •E. i i:• rE?,- .imm ..<,�,- »»�en:e,.a """°'� 4 , ? 4 ®., ; �, y p� � � � � ';AFL ODW Y..i7SES;� 1563 a� � � 5'�.`� . ,. tR aW�.nt3 ".3'�.s.m� ��d� :�.r�a� , :%�'aw�,,:�k , a,.+��.- �._•?c5L`a"nv�xn. :n �w..w...�. -a: , . s, �..d..::�..m..,..;e..r;;:...» sw... }'3 .,?z:� +, �1�` . `� � �, ,rnt.LLx ' �' a:.•s'�' ' 64 15.27 411 Floodway Permitted Uses / 05 15.27 412 Floodway Prohibited Uses i. 66 15.27 413 Floodway Non - Conforming Uses and Facilities ,^ a .,: » a y n Our.• o nr.srps.,x�.,m.t .pa�.i.ryepmv, -r a mn+u4+aailn.v y' , : v �*"�"^'�R ,, .``, �'�i a r ..a,,.,,,,q: s, d �"` 'i $ :h� `�`^� p. �' 1567 r0.., ° FLUOR �H�44: ZA l2 DPROTECT7 [ON 507`1 1568 15.27 414 Administration 1569 15.27 415 Authority 1570 15 27 416 Permit — Required 1571 15.27 417 Permit — Application 1572 15.27 418 Permit — Review 1573 15.27 419 Use of Available Data 1574 15.27 420 Limitations 1575 15 27 421 Penult — Expiration & Cancellation 1576 15 27 422 Performance bonds 1577 15 27 423 Appeals 1578 15.27 424 Coordination 64".f,'F *SiR+j'�,'�'+ i.f §�° .7.,.,,,.,;p ` r'^s -.•x. ¢- �..,o. �rrs.9+n.. ».c•y an.� �rw"� k',5 ^mr. w^,a'�^r+ ^, A: it � �� �18ti S ,,,<:.� -•.... »o . �,., x �5Na.:' "`'°' - „"xo"`"° z z �a"''iC °3'"bi„".. .:b{ '�r`J 1579 t E ,U .: _,1 ELEYA T= IUNIAND >k+'LOOIDPRQ�OFINGp�CTr12TITIC ATION� ,.��� : ; 1580 15.27 425 Applicability 1581 15.27 426 Certification Form 1582 15 27 427 Information to be obtained and maintained 1583 15.27 428 Certification Responsibility ' „�.�,, ,, , y: `� � � • '� nv,�o..., •��. ztfl. SM,'. �. .,. 1584 i•-� ta";dsf ��nT? A1 ;7,. "x, fl ���. ESs.ia.E,.� ^..:.u .;m.r,�w.c. :.t.ti; . .._�.� .x,.�km %� �:ad`,.�,.«. .��.,sr �.a,� CES. �,,. mw. e: x: h�” 'Y:�i' ::7�`'.`a���C,.•�t,;.:.•u .°�'�,�,��w.Ca�b�v`ivf 1585 15.27 429 Procedure 1586 15.27 430 Variance limitations 7 15.27 431 Conditions for Authonzation AS 15 27 432 Administrative Official s Decision 2 14 ,2(' 38 City of Yakima 15.27 CAO 1589 15 27 433 Notification and Final Decision 1590 15 27 434 Power to Refer Decisions 1591 15 27 435 Appeals 1592 15 27 436 Federal Flood Hazard Map Correction Procedures 1593 1594 1595 FLOOD HAZARD AREAS — GENERAL PROVISIONS 1596 1597 15.27 400 Flood Hazard Areas Established 1598 The special flood hazard areas identified by the Federal Emergency Management Agency 1599 (FEMA), accompanying Flood Insurance Rate Maps (FIRMs), Flood Boundary, and Floodway 1600 Maps, and any amendments thereto made by the Federal Emergency Management Agency, 1601 which, are adopted by reference and declared to be part of Part Four of the City of Yakima s 1602 Critical Areas Ordinance and are established as flood hazard areas The Flood Insurance Study 1603 and maps are on file at Yakima City Hall, Yakima, Washington 1604 1605 15.27 401 Principles 1606 (a) This Part Four recognizes the right and need of the river channel to penodically carry more 1607 than the normal flow of water and establishes regulations to minimize loss of life and property, 1608 restnct uses and regulate structures consistent with the degree of flood hazard 1609 (b) In advancing the above principals, the intent of Part Four is 1610 (1) To alert the county assessor, appraisers, owners, potential buyers and lessees to the 1611 natural limitations of flood -prone land, 1612 (2) To meet the minimum requirements of the National Flood Insurance program, and 1613 (3) To implement state and federal flood protection programs 1614 1615 15.27 402 Applicability 1616 The guidelines and regulations set forth herein, Title 11 YMC, and related Building Codes shall 1617 apply to all special flood hazard areas. 1618 (1) The provisions of Part Four of this chapter shall apply to any development proposed 1619 in a special flood hazard area, 1620 (2) Flood hazard permits shall be approved by the City of Yakima. Approi al shall only 1621 be granted in accordance with Part Four of this chapter and other applicable local, state and 1622 federal regulations 1623 (3) Topographic, engineering and construction information necessary to evaluate the 1624 proposed project shall be submitted to the department for approval 1625 (4) The granting of a permit for any development or use does not constitute a 1626 representation, guarantee or warranty of any kind or nature by the City of Yakima, or its 1627 employees, of the practicality or safety of any structure or proposed use, and shall not create 1628 liability upon or cause action against the above mentioned body, or employee, for any 1629 damage that may result. 1630 1631 1632 1633 1634 2 14.2006 '9 City of Yakima 15.27 CAO )35 15.27 403 Documented Exemptions 1636 The following uses and activities are exempt from the provisions of Part Four of this chapter - 1637 (1) The alteration or substantial improvement of any structure listed on the National Register 1638 of Historic Places or state inventory of historic places, 1639 (2) The installation and maintenance of aboveground utility transmission lines and poles, 1640 (3) Private driveways fences and other accessory activities and /or uses necessary for 1641 agricultural uses which the administrative official determines will not unduly decrease flood 1642 storage or capacity, significantly restnct floodwaters, create a substantial impoundment of debris 1643 carved by floodwaters, and will resist flotation and collapse - 1644 1645 15.27 404 Interpretations 1646 (a) In the interpretation and application of Part Four of this chapter, the provisions shall be 1647 considered as minimum requirements, and shall be strictly construed in favor of the policies and 1648 standards herein, and deemed neither to limit nor repeal any other powers granted under state 1649 statute. Its provisions shall be applied in addition to and as a supplement to provisions of the 1650 Yakima Municipal Code Title 11 Buildings, Title 12 Development Standards, Title 14 1651 Subdivisions, and Title 15 Yakima Urban Area Zoning Ordinance 'Sections 15 27 400 through 1652 436 are not intended to repeal abrogate, or impair any existing easements, covenants, or deed 1653 restrictions Where these ordinances and other ordinances conflict or overlap, the standard 1654 imposing the more stringent requirement shall prevail 1655 (b) In an interpretation as to an exact location of the boundaries of the special flood hazard areas ' 656 (i e , conflict between a mapped boundary and actual field conditions) the person contesting the ,67 location of the boundary shall be given a reasonable opportunity to appeal the interpretation 1058 Such appeals shall be granted consistent with the standards of the National Flood Insurance 1659 Program § 60 6 (See 44 CFR 59, et my and IBC 104 1) 1660 1661 15.27 405 Compliance No structure or land shall hereafter be used, constructed, located, 1662 extended, converted. or altered without full compliance with the terms of Part Four of this 1663 chapter and other applicable regulations 1664 1665 15.27 406 Warning and Disclaimer of Liability The degree of flood protection required 1666 by Part Four of this chapter is 'considered reasonable for regulatory purposes and is based on 1667 scientific and engineenng considerations Larger floods can and will occur on rare occasions 1668 Flood heights may be increased by manmade or natural causes Part Four does not imply that 1669 land outside the area of special flood hazards or permitted uses within such area will not be 1670 subject to flooding or flood damage 1671 2 14 . :21m 40 City of Yakima 15.27 CAO 1672 FLOOD HAZARD PROTECTION STANDARDS 1673 1674 15.27 407 General Standards 1675 The following regulations shall apply in all special flood hazard areas pursuant to the IBC 1676 ASCE -24 and Hud 24 CFR Part 3280 1677 (1) Anchoring and Construction Techniques 1678 (2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or 1679 lateral movement, and shall be installed using methods and practices that minimize flood 1680 damage Anchoring shall meet the specifications set forth below for structures located within 1681 one hundred (100) feet of a floodway or the ordinary high water mark if no floodway has been 1682 established 1683 (3) All new construction and any improvements or additions to existing floodproofed 1684 structures that would extend beyond the existing floodproofing located within one hundred (100) 1685 feet of the floodway or one hundred (100) feet of the ordinary high water mark if no floodway 1686 has been established 1687 (a) Unless it can be demonstrated that non - zero -nse construction methods will not 1688 impede the movement of floodwater or displace a significant volume of water 1689 (4) Except where otherwise authonzed, all new construction and substantial improvements to 1690 existing structures shall require certification by a registered professional engineer, architect or 1691 surveyor that the design and construction standards are in accordance with adopted floodproofing 1692 techniques 1693 (a) Utilities. 1694 (1) All new and replacement water supply systems and sanitary sewage systems shall be 1695 designed to minimize or eliminate infiltration of floodwaters into the systems and discharge 1696 from the systems into floodwaters, and on -site waste disposal systems shall be located to 1697 avoid impairment to them or contamination from them dunng flooding 1698 (b) Subdivision Proposals Subdivision proposals shall 1699 (1) Be consistent with the need to minimize flood damage, 1700 (2) Have roadways, public utilities and other facilities such as sewer, gas, electrical and 1701 water systems located and constructed to minimize flood damage 1702 (3) Have adequate drainage provided to reduce exposure to flood damage and 1703 (4) Include base flood elevation data. 1704 (a) In the cases where base flood elevation is not available and the subdivision is greater 1705 then 5 acres or 50 lots a step - back water analysis shall be require to generate the base flood 1706 elevation data. 1707 (c) Watercourse Alterations The flood - carrying capacity within altered or relocated portions of 1708 any watercourse shall be maintained Prior to the approval of any alteration or relocation of a 1709 watercourse in nvenne situations, the department shall notify adjacent communities, the 1710 Department of Ecology and FEMA of the proposed development 1711 1712 15.27 408 Specific Standards In all special flood hazard areas where base elegy anon data 1713 has been provided as set forth in § 15.27 400, the following regulations shall apply, in addition to 1714 the General Standards of § 15.27 407 1715 (1) Residential Construction. (See IRC 323 2) 1716 (A) New construction and substantial improvement of any residential structure shall 1717 hay e the low est floor including basement, elevated at a minimum to or above the base flood 2. 14,200S 11 City of Yakima 15.27 CAO 18 elevation. 1719 (B) Fully enclosed areas below the lowest floor that are subject to flooding are 1720 prohibited, or shall be designed to automatically equalize hydrostatic flood forces on extenor 1721 walls by allowing for the entry and exit of floodwaters Designs for meeting this requirement 1722 must either be certified by a registered professional engineer or architect or must meet or exceed 1723 the following minimum cnteria 1724 (i) A minimum of two (2) openings having a total net area of not less than one 1725 (1) square inch for every square foot of enclosed area subject to flooding shall be 1726 provided 1727 (11) The bottom of all openings shall be no higher than one (1) foot above grade 1728 (iii) Openings may be equipped with screens, louvers, or other coverings or devices, 1729 provided that they permit the automatic entry and exit of floodwaters 1730 (C) Residential construction within one hundred (100) feet of a floodway, or the 1731 ordinary high water mark if no floodway has been established, shall also meet the requirements 1732 of § 15.27 407(3) 1733 1 734 (2) Nonresidential Construction (44 CFR 60.3(0(3)(4)) New construction and substantial 1735 improvement of any commercial, industrial, or other nonresidential structure shall either have the 1736 lowest floor, including basement, elevated one foot or more above the base flood elevation, or, 1737 together with attendant utility and sanitary facilities, shall 1738 1) Be floodproofed so that below one foot or more above the base flood level the - 39 structure is watertight with walls substantially impermeable to the passage of 40 water; 1741 2) Have structural components capable of resisting hydrostatic and hydrodynamic 1742 loads and effects of buoyancy; 1743 3) Be certified by a registered professional engineer or architect that the design and 1744 methods of construction are in accordance with accepted standards of practice for 1745 meeting provisions of this subsection based on their development and /or review 1746 of the structural design, specifications and plans, 1747 4) Nonresidential structures that are elevated, not floodproofed, must meet the same 1748 standards for space below the lowest floor as described in 15.27 408 (1) (B) 1749 above 1750 1751 (3) Manufactured Homes. Manufactured homes shall be elevated in accordance with IBC 1752 501 1 Appendix "G 1753 1754 (4) Recreational Vehicles Recreational vehicles placed on sites are required to either 1755 1) Be on the site for fewer than 180 consecutive days, (or) 1756 2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to 1757 the site only by quick disconnect type utilities and secunty devices, and have no 1758 permanently attached additions, or 1759 3) Meet the anchoring requirements of 15.27 408 (3) above 60 61 14 )(J 42 City of Yakima 15.27 CAO 1762 1763 1764 1765 1766 1767 1768 FLOODWAY FRINGE USES 1769 1770 15.27 409 Permitted Uses The following uses are permitted in the floodway fringe areas 1771 (1) Any use permitted in the zoning distnct in accordance with Title 15 of the Yakima 1772 Municipal Code, unless prohibited by § 15.27 410 1773 (2) Utility Transmission Lines Utility transmission lines shall be pennitted when consistent 1774 with Title 15 and where not otherwise inconsistent with Part Four of this chapter; except that 1775 when the pnmary purpose of such a transmission line is to transfer bulk products or energy 1776 through a floodway fnnge or special flood hazard area, such transmission line shall conform to 1777 the following 1778 (A) Electric transmission lines shall cross floodway fringe and special flood hazard 1779 areas by the most direct route feasible When support towers must be located within floodway 1780 fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and /or 1781 depth areas, and shall be adequately floodproofed 1782 (B) Buned utility transmission lines transporting hazardous matenals, including but not 1783 limited to crude and refined petroleum products and natural gas, shall be buried a minimum of 1784 four (4) feet. Such bunal depth shall be maintained within the floodway fringe or special flood 1785 hazard area to the maximum extent of potential channel migration as determined by hydrologic 1786 analyses All such hydrologic analyses shall conform to requirements of § 15.27 411(3)(C) 1787 (C) Beyond the maximum extent of potential channel migration, utility transmission 1788 lines transporting hazardous and non - hazardous matenals shall be buried below existing natural 1789 and artificial drainage features 1790 (D) Aboveground utility transmission lines. not including electric transmission lines, 1791 shall only be allowed for the transportation of non - hazardous matenals. In such cases, applicants 1792 must demonstrate that line placement will have no appreciable effect upon flood depth, velocity 1793 or passage Such lines shall be adequately protected from flood damage 1794 (E) Aboveground utility transmission line appurtenant structures, including valves. 1795 pumping stations or other control facilities, shall not be permitted in floodway fringe or special 1796 flood hazard areas except where no other alternative is available, or in the event a floodway 1797 fringe or special flood hazard location is environmentally preferable This does not apply to 1798 domestic water and regional wastewater transmission pipes In such instances, aboveground 1799 structures shall be located so that no appreciable effect upon flood depth. velocity, or passage is 1800 created, and shall be adequately floodproofed 1801 1802 15.27 410 Prohibited Uses The following uses shall be prohibited in floodway fringe areas 1803 (1) New manufactured home parks and the expansion of manufactured home /parks 1804 1805 FLOODWAY USES 1806 2 14.200i 43 City of Yakima 15.27 CAO 7 15.27 411 Permitted Uses Permitted uses include any use permitted in the zoning distnct in 1808 accordance with Title 15 of this code, provided that said use is in compliance with the flood 1809 hazard protection standards of §§ 15 27 407 - 408 and other applicable provisions of this chapter 1810 and will have a negligible effect upon the floodway in accordance with the floodway 1811 encroachment provisions of ti 15.27 412(2) Permitted uses include 1812 (1) All encroachments including fill, new construction and other development unless 1813 certification by a registered professional engineer is provided demonstrating through hydrologic 1814 and hydraulic analysis performed in accordance with standard engineering practice that the effect 1815 of the subject encroachment together with the cumulative effects of all similar potential 1816 encroachments shall not materially cause water to be diverted from the established floodway 1817 cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or 1818 result in any increase in flood levels dunng the occurrence of the base flood discharge 1819 (2) Surface mining, provided that the applicant can provide clear evidence that such uses will 1820 not divert flood flows causing channel -shift or erosion, accelerate or amplify the flooding of 1821 downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in 1822 any other way threaten public or private properties When allowed, such removal shall comply 1823 with the provisions of Title 15 1824 (3) Utility transmission lines unless otherwise prohibited by this chapter; except that when 1825 the primary purpose of such a transmission line is to transfer bulk products or energy through a 1826 floodway en route to another destination, as opposed to serving customers within a floodway, 1827 such transmission lines shall conform to the following 1 S28 (A) All utility transmission lines shall cross floodways by the most direct route feasible L9 as opposed to paralleling floodways, i 830 (B) Electric transmission lines shall span the floodway with support towers located in 1831 flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, 1832 support towers shall be located to avoid high floodwater velocity and /or depth areas, and shall be 1833 adequately floodproofed. 1834 (C) Buned utility transmission lines transporting hazardous and non - hazardous 1835 materials, including but not limited to crude and refined petroleum products and natural gas, 1836 shall be buned a minimum of four (4) feet below the maximum established scour of the 1837 waterway as calculated on the basis of hydrologic analyses Such burial depth shall be 1838 maintained horizontally within the hydraulic floodway to the maximum extent of potential 1839 channel migration as determined by hydrologic analyses In the event potential channel 1840 migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and 1841 special flood hazard areas shall govern placement All hydrologic analyses are subject to 1842 acceptance by the City of Yakima, which shall assume the conditions of a one - hundred (100) 1843 year frequency flood as tierified by the U S Army Corps of Engineers, and shall include on -site 1844 investigations and consideration of historical meander charactenstics in addition to other 1845 pertinent facts and data. The use of nprap as a meander containment mechanism within the 1846 hydraulic floodway shall be consistent with the City of Yakima Shoreline Master Progn 1847 Regulations 1848 (D) Beyond the maximum extent of potential channel migration, utility transmission 1849 lines transporting hazardous and non - hazardous materials shall be buned below existing natural 1850 and artificial drainage features X 51 (E) Aboveground utility transmission lines, not including electric transmission lines, 52 shall only be allowed for the transportation of non - hazardous matenals where an existing or new 14 2nu„ 44 City of Yakima 15.27 CAO 1853 bndge or other structure is available and capable of supporting the line When located on existing 1854 or new bridges or other structures with elevations below the one - hundred (100) year flood level 1855 the transmission line shall be placed on the downstream side and protected from flood debns In 1856 such instances, site - specific conditions and flood damage potential shall dictate placement, 1857 design, and protection throughout the floodway Applicants must demonstrate that such 1858 aboveground lines will have no appreciable effect upon flood depth, velocity, or passage, and 1859 shall be adequately protected from flood damage. If the transmission line is to be buned except 1860 at the waterway crossing, bunal specifications shall be determined as in subsection (2)(C) above 1861 (4) Construction or reconstruction of residential structures only as authonzed in § 1862 15.27 412(5), 1863 (5) Improvements to existing residential structures that are not substantial improvements per § 1864 15.27 294, provided the improvement complies with the requirement set forth in § 15 27 412(2) 1865 (6) Water- dependent utilities and other installations, which by their very nature must be in the 1866 floodway Examples of such uses are dams for domestic /industnal water supply; wastewater 1867 treatment and collection systems, stream crossings or wetlands, flood control and /or 1868 hydroelectric production, water diversion structures and facilities for water supply; imgation 1869 and /or fisheries enhancement, floodwater and drainage pumping plants and facilities, 1870 hydroelectnc generating facilities and appurtenant structures, and structures and nonstructural 1871 uses and practices, provided, that the applicant shall provide evidence that a floodway location is 1872 necessary in view of the objectives of the proposal, and provided further that the proposal is 1873 consistent with other provisions of this chapter and the City s Shoreline Master Program In all 1874 instances of locating utilities and other installations in floodway locations, project design must 1875 incorporate floodproofing and otherwise comply with §§ (3) (A) — (E) above, 1876 (7) Dikes, provided that the applicant can provide evidence that 1877 (A) Adverse effects upon adjacent properties will not result relative to increased 1878 floodwater depths and velocities during the base flood or other more frequent flood occurrences, 1879 (B) Natural drainage ways are minimally affected in that their ability to adequately drain 1880 floodwaters after a flooding event is not impaired, 1881 (C) The proposal has been coordinated through the appropriate diking district where 1882 applicable, and that potential adverse effects upon other affected diking districts have been 1883 documented, 1884 (8) Roads and bndges, subject to the regulations of §§ (3) (A) -(E) above 1885 1886 15.27 412 Prohibited Uses The following uses /developments are prohibited in the 1887 floodway 1888 (1) Any structure, including manufactured homes, designed for or to be used for human 1889 habitation of a permanent nature (including temporary dwellings authorized by §§ 15 04 100 & 1890 15 04 110), 1891 (2) Any encroachments, including fill, new construction and other development shall require 1892 certification by a registered professional engineer is provided demonstrating through hydrologic 1893 and hydraulic analysis performed in accordance with standard engineenng practice that the effect 1894 of the subject encroachment together with the cumulative effects of all similar potential 1895 encroachments shall not matenally cause water to be diverted from the established floodway 1896 cause erosion. obstruct the natural flow of water, reduce the carrying capacity of the floodway or 1897 result in any increase in flood levels during the occurrence of the base flood discharge 14 2008 45 City of Yakima 15.27 CAO )98 (3) Aboveground utility transmission line appurtenant structures, including valves, pumping 1899 stations or other control facilities shall not be permitted in the floodway except for domestic 1900 water and regional wastewater facilities where necessary; 1901 (4) Where a floodway has not been determined by preliminary Corps of Engineers' 1902 investigations or official designation, a floodway shall be defined by qualified engineering work 1903 by the applicant on the basis of a verified one - hundred (100) year flood event; 1904 (5) Construction or reconstruction of residential structures within designated floodways 1905 except for 1906 (i) Repairs reconstruction, or improvements to a structure which do not increase the 1907 ground floor area, and 1908 (ii) Repairs, reconstruction or improvements to a structure. the cost of which does not 1909 exceed fifty (50) percent of the assessed value of the structure either (A) before the 1910 repair, reconstruction or improvement is started, or (B) if the structure has been damaged 1911 and is being restored, before the damage occurred 1912 (iii) Work done on structures to correct existing violations of existing health, sanitary or 1913 safety codes, or to structures identified as historic places shall not be included in the fifty 1914 (50) percent 1915 (iv) If subsection (2) of this section is satisfied, all new construction and substantial 1916 improvements shall comply with all applicable flood hazard reduction provisions of Part 1917 Four 1918 (6) The construction or storage of any object subject to flotation or movement during flood 19 19 level periods, 90 (7) The following uses, due to their high degree of incompatibility with the purpose of 921 establishing and maintaining a functional floodway, are specifically prohibited 1922 (A) The filling of wetlands, except as authorized under Part Five Fish and Wildlife 1923 Habitat and the Stream Comdor and Part Six Wetlands, 1924 (B) Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and /or 1925 matenals, and 1926 (C) Damming or relocation of any watercourse that will result in any downstream 1927 increase in flood levels during the occurrence of the base flood discharge (See § 15 27 509), 1928 (8) The listing of prohibited uses in this section shall not be construed to alter the general 1929 rule of statutory construction that any use not permitted is prohibited 1930 1931 15.27 413 Non - Conforming Uses and Facilities 1932 (a) Within the special flood hazard areas established by YMC Ch 15 19 or amendments thereto, 1933 there may exist structures and uses of land and structures, which were lawful before these 1934 sections were adopted or amended, but which would be prohibited, or restncted under the terms 1935 of Part Four of this chapter or future amendment. 1936 1937 (b) It is the intent of YMC Ch 15 19 to peiiwt these lawful pre - existing nonconfornities to 1938 continue until they are removed by economic forces or otherwise, but not to encourage their 1939 survival except in cases where continuance thereof would not be contrary to the 1940 public health, safety or welfare, or the spirt of this chapter 1941 -i-i coos, 46 City of Yakima 15.27 CAO 1942 FLOOD HAZARD PROTECTION ADMINISTRATION 1943 1944 15.27 414 Administration The building official is vested with the duty of administenng the 1945 rules and regulations relating to flood hazard protection in accordance with the provisions of Part 1946 Four and may prepare and require the use of such forms as are essential to such administration 1947 1948 15.27 415 Authority Upon application, the building official shall have the authority to 1949 grant a flood hazard permit when compliance with the applicable conditions as set forth in Part 1950 Four of this chapter and in other applicable local, state and federal regulations has been 1951 demonstrated and the proposal is found to be consistent with the purpose of the policies of the 1952 Critical Areas Ordinance 1953 1954 15.27 416 Permit - Required Pnor to any development within a special flood hazard area, 1955 a flood hazard permit shall be obtained This permit may be in addition to the cntical area 1956 development authonzation as set forth in Part Three 1957 15.27 417 Permit — Application All persons applying for a flood hazard permit shall 1958 submit a wntten application, accompanied by an application fee as specified in Title 11, using 1959 the forms supplied. The application shall not be considered complete until the following 1960 minimum information is provided as identified below and in YMC § 15 11 050 1961 (1) Name, address and telephone number of applicant and property owner if different, 1962 (2) Project description and taxation parcel identification number 1963 (3) Name of the stream or body of water associated with the floodplain in which the 1964 development is proposed, 1965 (4) Site plan map drawn to an engineering scale showing 1966 (A) Actual dimensions and shape of the parcel to be built on, 1967 (B) Sizes and location of existing structures on the parcel, 1968 (C) Location and dimensions of the proposed development, structure or alteration, 1969 (D) Location, volume and type of any proposed fill, 1970 (E) The application shall include other information as may be required by the 1971 Administrative Official to clanfy the application for the enforcement of Part Four of this chapter; 1972 1973 15.27 418 Permit — Review Flood hazard permit applications will be reviewed to 1974 determine 1975 (1) The elevation and floodproofing requirements of Part Four of this chapter 1976 (2) The proposed development s location in relation to the floodway and any encroachments 1977 § 15.27 412(2), 1978 (3) Alteration or relocation of a watercourse § 15 27 407(d) 1979 (4) That the proposed development is a permitted use under Part Four of this chapter and 1980 Title 15, 1981 (5) That all necessary permits have been obtained from those federal, state or local 1982 governmental agencies from which pnor approval is required. 1983 4 47 City of Yakima 15.27 CAO 15.27 419 Use of Available Data When base flood elevation data has not been provided in 1985 accordance with § 15 27 400, Flood hazard areas established the City shall obtain, review, and 1986 reasonably utilize any base flood elevation and floodway data available from a federal, state or 1987 other source, in order to administer § 15.27 408 Specific Standards, 15.27 412 Floodway 1988 Prohibited Uses, and § 15 25 Violations and Enforcement and Administration. 1989 1990 15.27 420 Limitations Permits issued based on plans and applications approved by the 1991 Administrative Official authorize only the use, arrangement and construction set forth in such 1992 approved plans and applications, and no other use, arrangement or construction Use, 1993 arrangement or construction at variance with that authonzed is a violation of Part Four and 1994 punishable as provided by § 15 25 Violations and Enforcement and Administration 1995 1996 15.27 421 Permit — Expiration & Cancellation If the work described in any permit 1997 has not begun within one hundred eighty (180) days from the date of issuance thereof, the permit 1998 shall expire and be canceled by the building official 1999 2000 15.27 422 Performance bonds. 2001 (a)The City may require bonds in such form and amounts as may be deemed necessary to assure 2002 that the work shall be completed in accordance with approvals under Part Four Bonds, if 2003 required, shall be furnished by the property owner, or other person or agent in control of the 2004 property 005 (b)In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the )6 City in an amount equal to that which would be required in the surety bond z_«07 2008 15.27 423 Appeals The decision to grant, grant with conditions, or deny a flood 2009 hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to 2010 the procedure established for appeals in Part Three 2011 2012 15.27 424 Coordination Upon application, the building official shall have the 2013 authonty to grant a flood hazard permit when compliance with the applicable conditions as set 2014 forth in Part Four of this chapter and in other applicable local, state and federal regulations has 2015 been demonstrated and the proposal is found to be consistent with the purpose of this chapter 2016 2017 ELEVATION AND FLOODPROOFING CERTIFICATION 2018 2019 15.27 425 Applicability Certification for elevation or floodprofing shall be required 2020 only for the new construction or substantial improvement of any residential, commercial, 2021 industnal, or nonresidential structure located in a special flood hazard area. 2022 2023 15.27 426 Certification Form The fonn of the elevation and floodproofing 2024 certificate shall be specified by the administrative official and shall be generally consistent with 2025 that required by FEMA for the administration of the National Flood Insurance Program 2026 2 244U 48 City of Yakima 15.27 CAO 2027 15.27 427 Information to be obtained and maintained The elevation and 2028 floodproofing certificate shall venfy the following flood hazard protection information 2029 (1) The actual elevation (in relation to mean sea level) of the lowest floor (including 2030 basement) of all new or substantially improved structures, and whether or not the structure 2031 contains a basement, 2032 2033 (2) The actual elevation in relation in mean sea level of flood proofing of all new or 2034 substantially unproved non - residential flood proofed structures 2035 2036 (3) Where a base flood elevation has not been established according to § 15 27 400, or 2037 where elevation data is not available either through the Flood Insurance Study, FIRM, or from 2038 another authoritative source, applications for building permits shall be reviewed to assure that 2039 proposed construction will be reasonably safe from flooding The test of reasonableness is a local 2040 judgment and includes use of historical data, high water marks, photographs of past flooding, 2041 etc , where available 2042 2043 15.27 428 Certification Responsibility The project proponent shall be responsible 2044 for providing required certification data to the administrative official pnor to the applicable 2045 construction inspection specified in the certification form All elevation and floodproofing data 2046 specified in § 15 27 427 must be obtained and certified by a registered professional engineer, 2047 architect, or surveyor The administrative official shall permanently maintain the elevation and 2048 floodproofing certification. 2049 2050 FLOOD HAZARD VARIANCES 2051 2052 15.27 429 Procedure Any person seeking a variance from the requirements of Part 2053 Four authorized under § 15.27 430 shall make such request in wnting to the planning department 2054 on the forms they supply Upon receipt of a completed application and application fee for the 2055 vanance, a notice of the vanance request shall be forwarded to all landowners of adjacent 2056 property within twenty eight (28) days of the receipt of a completed application and payrnent of 2057 fees The notice shall solicit wntten comment on the vanance request and specify a time period 2058 not less than twenty (20) days from the date of mailing, dunng which written comments may be 2059 received and considered The notice shall also state that copies of the administrative official's 2060 final decision will be mailed upon request. The administrative official may also solicit 2061 comments from any other person or public agency he or she feels may be affected by the 2062 proposal 2063 2064 15.27 430 Variance limitations 2065 (a) Vanances shall be limited solely to the consideration of 2066 (1) Elevation requirements for lowest floor construction 2067 (2) Elevation requirements for floodproofing; and 2068 (3) The type and extent of floodproofing. 2069 (b) Vanances shall not be considered for any procedural or informational requirements or use 2070 prohibitions of Part Four 2071 14 2ft 49 City of Yakima 15.27 CAO )72 15.27 431 Conditions for Authorization Before a vanance to the provisions of Part 207; Four may authorized it shall be shown that 2074 (1) There are special circumstances applicable to the subject property or to the intended use, 2075 such as size topography, location or surroundings, that do not apply generally to other property 2076 in the same vicinity and zone, 2077 (2) The granting of such variance will not be materially detnmental to the public welfare or 2078 injurious to the property or improvements in the vicinity and zone in which the subject property 2079 is located, 2080 (3) Such a variance is the minimum necessary, considering the flood hazard, to afford relief; 2081 (4) Failure to grant the variance would result in exceptional hardship to the applicant, and 2082 (5) The granting of such a variance will not result in 2083 (A) Increased flood heights, 2084 (B) Additional threats to public safety; 2085 (C) Creation of nuisances, 2086 (D) Extraordinary public expense, or 2087 (E) Conflicts with other existing local laws or ordinances 2088 2089 15.27 432 Administrative Official's Decision After considenng any comments 2090 received from other agencies, jurisdictions or adjoining property owners, the, administrative 2091 official shall approve, approve with conditions, or deny the vanance request. The administrative 2092 official shall prepare written findings and conclusions stating the specific reasons upon which the '093 decision is based. ;D4 ._095 15.27 433 Notification and Final Decision The decision shall be issued within 2096 seven (7) days from the end of the comment period Further, the administrative official shall 2097 mail the findings and decision to the applicant and to other parties of record requesting a copy 2098 2099 15.27 434 Power to Refer Decisions In exercising the duties and powers of 2100 implementing and administrating Part Four of this chapter, the administrative official may refer 2101 any vanance application to the heanng examiner for action at a public hearing. 2102 2103 15.27 435 Appeals Any decision by the administrative official to approve or deny a 2104 variance request may be appealed subject to the procedures set forth in YMC Ch 15 16 2105 2106 15.27 436 Federal Flood Hazard Map Correction Procedures The 2107 procedures for federal flood hazard map correction, as provided in federal regulations 44 CFR 70 2108 of the National Insurance Program are hereby adopted by reference 2109 14 2008 50 City of Yakima 15.27 CAO 2110 CHAPTER 15.27 2111 PART FIVE 2112 FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR SYSTEM 2113 Sections Defined �,vy� app' ��-„`;' �" �u^ cy ;c,;�.�.r'3,:;€g�e�?aw ,:NS,'� .�a..,�• �,!`' v :a "y am} .,., 3� ,E;'�...�: '.'c 7114 « - t 4 a i W .tPc.1.9,4 Ai P,� * 1 c , r; ^ ' �,, 5;3r•C� .r,. � ti�«"�.,.:�:1x.3�' �.F�,a., a.�°,'.�l�,t,? �„ ,� +`.�`�, t^9: 1 ._.. . �;k.�x'"' ��1 a;sFU� .�,., �,�a.m�•,;sp',�u, a +„a^: 2115 15.27 500 Purpose and Intent 2116 15 27 501 Protection Approach ,:''*'a;�°°r: ,...,. ° .fin ^• _ ..3''i'i�.: 'a ' "',i,4 '? -"'- ;..r;�'; �i.:s" -` ?:'.'" '�'.. .rs;!�,. h ,; r `,�.-?x ak.. !T , ;,M1;•e <��r `�.'' ":l:'.'��� a '�",.�f`S� °; :P': 3i � nv;�u.kii ''�'�' " °..fu �:: !<.��� 1' ; n�, 1 17 D'es ali n,: w m `•� �..,,; %,r , .k. 2118 15 27 502 Hydrologically Related Cntical Area Features 2119 15 27 503 Habitat and Habitats of Local Importance 2120 15 27 504 Functional Properties 2121 15.27 505 Stream, Lake, and Pond Typing System 2122 15.27 506 Wetland Rating System 2123 15 27 507 Maps $? x-r+•' . aA^"�,.N 'fir o^,.+, ',,y"� Z' p � '1lT § �^zs.r;s „"�"F ? » "�°..e M;,rV" r^' ®u�„„°'.'� -s�F,Y �= " „ »., •q.g� r ....., . y . ,^„ }=' .ail,°- �t..,� ..rF.,v f ,°Y�'f rizr .+�u� "�'';< YW _„? 5°.,.:= ttx'. � W"a �: r�m�' �. � ,'�".,. ^ ,^�,�,,-td,:,a�s�a.'�e ' :`�. � FP ;, ..,,. , 2124 t� <Ka• 5�,. a "n ;Standards.x r l i,r.? §.c % � � 4 � �w , �G er l De elopment � , :kalt At1 4. .. - 2125 15 27 508 Prohibited Uses 2126 15.27 509 General Policies and Standards 127 2 � ll� MWatWWRifclency�le��elopTiWit' StandardlNd,BnfferA )E2.egwrementi:,,�,;.�-MS; 2128 15.27 510 Use Classifications 2129 15.27 511 Water- dependent Uses 2130 15 27 512 Water- related Uses 2131 15 27 513 Non -water Onented Uses 2132 15.27 514 Vegetative Buffers -+ °5 u 'y Y'k3�• 'c. "'wS�;�i�."�:ea'.�""'q,",""°r. �J' ^"3°L'• .rte =ra._ -^,:, -S;r- 213 3 g �& .ift t : `,, . ^' . °a!a lsz odificabon' De liar a ,3�' "" t -� ” 2134 15.27 515 Roads, Railroads and Parking 2135 15 27 516 Utility Transmission Lines 2136 15 27 517 Shore Stabilization 2137 15 27 518 Dredging and Excavation 2138 1527 519 Filling 2139 15.27 520 Commercial Mining of Gravels 2140 15 27 521 Reclamation 2 .14 : 2006 51 City of Yakima 15.27 CAO 2142 15.27.500 Purpose and Intent 2143 2144 (a) The stream con system includes hydrologically related critical areas, streams, lakes, 2145 ponds, and wetlands and is part of a fragile and highly complex relationship of geology, 2146 soils, water, vegetation and wildlife Policies and standards to help conserve and protect 2147 are designed to accomplish the following. 2148 (1) Meet the requirements of the Growth Management Act (RCW 36 70A 172) 2149 regarding best available science, 2150 (2) Follow the requirements pursuant to the Flood - Resistant Construction in the 2151 adopted Building Code 2152 (3) Provide a zero net loss of natural wetland functions and values 2153 (4) Provide possible alternatives for necessary development, construction, and uses 2154 within a designated stream corridor and other hydrologically related critical 2155 areas 2156 (5) Prevent decline in the quantity and quality of surface and subsurface waters, 2157 (6) Conserve, restore, and protect fish and wildlife habitats, vegetation, and 2158 ecological relationships, 2159 (7) Protect sensitive areas of the stream comdor from the potential negative effects of 2160 development, 2161 (8) Through voluntary agreements or government incentives, provide protection of -1 .62 natural wetland functions and values (9) Recognize wildlife areas conservation habitats within their natural geographic z164 location through coordinated land use planning 2165 2166 15.27.501 Protection Approach 2167 1) To maintain fish and wildlife habitat there must be adequate environmental conditions for 2168 reproduction, foraging, resting, cover, and dispersal of animals 2169 Factors affecting both habitat and its quality include the presence of essential resources 2170 such as food, water, nest building matenals, and lack of diseases The City of Yakima 2171 protects fish and wildlife habitat through 2172 a. Protection of habitat for aquatic species, and, 2173 b Protection of habitat for species located near the water 2174 2) The City of Yakima's approach to protecting Threatened, Endangered, and Sensitive 2175 Species Habitat is by using the protection approach sections of this chapter 2176 $'- T`afi,,��:'�:�,.5�: a.'�� ':� "+'iit ?�.. . �. .�r;, »moo. -v., -. ; , y"'" � ' � X ." a �^..^ < �.w,.,- .;r' . = °u,^��i!K sx'".,` i, �': �.x;4.#«�tQr`'m , "',-a'�',h7',�"^�.�,3'��',. ?F�'Ci. a p "� '° 7177 ;r v kP lr , l , ii si nahonA rid ; a ¢. in h �.,;, 2178 15.27.502 Hydrologically Related Critical Area Features 2179 Stream comdors and other hydrologically related critical areas include one (1) or more of the 2180 following features 2181 (1) Any floodway or floodplain identified as a special flood hazard area identified by the 2182 Federal Emergency Management Agency (FEMA) as identified in the Flood Insurance 2183 study or corresponding maps, is hereby adopted by reference and declared to be part of 2184 this chapter, /8 5 (2) Perennial and intermittent streams excluding ephemeral streams, including the stream 6 main channel and all secondary channels within the ordinary high water mark, 2 14 57 � City of Yakima 15.27 CAO 2187 (3) Naturally occumng ponds under twenty (20) acres and associated submerged aquatic 2188 beds, and man -made lakes and ponds created within a stream channel, 2189 (4) All wetlands as defined in § 15 27.299, 2190 (5) Any flood -prone area indicated by U S Soil Conservation Service soil survey data, and 2191 (6) A buffer area for a stream channel, lake, or pond or from the edge of a wetland 2192 2193 15.27.503 Habitat and Habitats of Local Importance 2194 Habitats of Local Importance are habitats or species that due to their declining population, 2195 sensitivity to habitat manipulation or other values make them important on a local level Habitats 2196 of Local Importance may include a seasonal range or habitat element with which a given species 2197 has a primary association, and which, if altered, may reduce the likelihood that the species will 2198 maintain and reproduce over the long term 2199 2200 1 Species and Habitats of Local Importance may be identified for protection under this 2201 chapter State or local agencies, individuals or organizations may identify and nominate 2202 for consideration specific species and habitats, or a general habitat type, including 2203 streams, ponds or other features Proponents shall have the burden of presenting 2204 evidence concerning the cntena set forth below The nomination shall be processed once 2205 a year through the annual Comprehensive Plan amendment cycle. 2206 a. The decision for changes to species and habitats of local importance shall con - 2207 seder 2208 i Concern due to population status, 2209 11 Sensitivity to habitat manipulation, 2210 in Importance to the local community; and 2211 iv Cntena used to identify state Pnority Species, which includes 2212 1 State Candidate Species that are defined by WDFW Policy M- 2213 6001 to include fish and wildlife species that WDFW will review 2214 for possible listing as State Endnaged, Threatened, or Sensitive 2215 2 Vulnerable Aggregations, which includes those species or groups 2216 of animals susceptible to significant population declines, within a 2217 specific area, by virtue of their inclination to aggregate 2218 3 Species of Recreational, Commercial, and /or Tribal Importance 2219 that are Vulnerable, and 2220 4 The Economic impact both positive and negative to the applicants 2221 property or surrounding property Economic impact are to be 2222 determined by a properly qualified individual or firm using 2223 industry standards 2224 b Nominated habitats, and habitats for species of local importance shall consider the 2225 following, and must include maps to illustrate the proposal 2226 1 A seasonal range or habitat element which, if altered, may reduce the 2227 likelihood that the species will maintain or reproduce over the long term 2228 a Areas of high relative density or species nchness, breeding habitat, winter 2229 range, and movement comdors, 2230 in Habitat with limited availability or high vulnerability to alteration and 2231 iv Whether these habitats are already identified and protected under the 2232 provisions of this or other local ordinances or state or federal law 2. 14.luu, 53 City of Yakima 15.27 CAO 33 c Habitat management recomendations shall be included for use in the 2234 administration of this section 2235 2236 2 Development Standards Projects located within a Habitats of Local Importance, as 2237 designated in subsection (1) above shall meet the standards below, rather than the 2238 development standards in §§ 15 27 508 — 521, unless review is also needed for a 2239 Hydrologically Related Critical Area. 2240 a. Projects shall be designated using management recommendations established for 2241 the species or habitat by federal and state agencies, or those adopted for Species 2242 and Habitats of Local Importance by the City of Yakima. The department shall 2243 consider the extent such recommendations are used in its decision on the 2244 proposal, and may consider recommendations and advice from agencies with 2245 expertise 2246 2247 15.27.504 Functional Properties 2248 1) Streams lakes ponds and wetlands, require a sufficient riparian area to support one 2249 (1) or more of the following functional properties 2250 a) Stream bank and shore stabilization, 2251 b) Providing a sufficient shade canopy to maintain water temperatures that 2252 supports fish and their habitat; 2253 c) Moderating the impact of stonnwater runoff; 22 54 d) Filtering solids, nutrients and harmful substances, b 5 e) Surface erosion prevention, 2_256 f) Providing and maintaining migratory comdors for wildlife; 2257 g) Supporting a diversity of wildlife habitat, 2258 h) Allowing for the natural occurrence of woody debris and organic matter to 2259 collect in the aquatic environment 2260 2) Stream channels assist in one (1) or more of the following functional properties 2261 a) Groundwater recharge and /or discharge. 2262 b) Water transport, 2263 c) Sediment transport and /or storage; 2264 d) Biochemical functions 2265 e) Channel migration and the protection of habitats, 2266 f) Food and habitat 2267 3) Lakes, ponds and wetlands generally provide similar functions and generally provide 2268 one (1) or more of the following functional properties 2269 a) Biogeochemical functions that improve water quality; 2270 b) Hydrologic functions maintaining the water regime in a watershed (flood flow 2271 attenuation, decreasing erosion, and groundwater recharge) 2272 c) Food and habitat. 2273 4) Floodplains generally provide one (1) or more of the following functional properties 2274 a) Floodwater storage, 2275 b) Floodwater passage and the movement of high velocity waters, 2276 c) Sediment storage and recruitment �77 d) Food and habitat 78 e) Nutrient sink and /or source 2 14 , :UU; 54 City of Yakima 15.27 CAO 2279 f) Groundwater recharge and discharge 2280 5) Habitat for wildlife consists of the arrangement of food, water cover and space 2281 Wildlife habitat generally includes one (1) or more of the following functional 2282 properties 2283 a) Reproduction and /or nesting, 2284 b) Resting and refuge. 2285 c) Foraging for food, 2286 d) Dispersal and migration 2287 6) Some functions require larger areas, which may not be achievable due to existing 2288 development and construction constraints, especially in urban areas. In these 2289 instances, adjustments to the minimum standards to accommodate such constraints 2290 may be necessary Where adjustments may be necessary, reductions of standards 2291 should be offset by enhancement, restoration, or preservation measures which replace 2292 the lost functions or values or strengthen other functional values if replacement is not 2293 possible 2294 2295 15.27.505 Streams, Lakes and Ponds Typing System 2296 For purposes of this chapter, the City of Yakima hereby adopts a stream, lake and pond - typing 2297 system, for those features designated as critical areas in § 15 27 502 as follows 2298 (1) Type 1 streams are those waters, within their ordinary high water mark (OHWM), 2299 meeting the cntena as "shorelines of the state and shorelines of statewide significance 2300 under RCW Ch 90 58 Waters associated with Type 1 streams as defined in RCW Ch 2301 90 58 are not included 2302 (2) Type 2 streams are those surface water features which require protection due to the 2303 nature of their contributions to the functional properties listed in § 15.27 504 and are 2304 considered Streams, Lakes and /or Ponds of Local Importance, as listed in Appendix A 2305 (3) Type 3 streams include all perennial streams within the City of Yakima not classified as 2306 Type 1 or 2 (See § 15.27 275 definition for perennial stream) 2307 (4) Type 4 streams are all intermittent streams within the City of Yakima not classified as 2308 Type 1, 2 or 3 (See § 15 27 258 definition for intermittent stream) 2309 (5) Type 5 streams are all ephemeral streams within the City of Yakima not classified as 2310 Type 1 2, 3 or 4 Type 5 streams are not regulated as streams (See § 15.27 236 231 1 definition for ephemeral stream) 2312 (6) Lakes and Ponds 2313 a) Lakes and ponds not designated as a shoreline that receive water from 2314 the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as 2315 the highest stream type from which the lake or pond receives water 2316 b) Natural lakes and ponds, not designated as a shoreline, that do not receive 2317 water from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds 2318 c) Lakes or ponds not designated as a shoreline that are connected to a 2319 Type 1 stream shall be Type 1 ponds 2320 2321 15.27.506 Wetland Rating System 2322 Wetlands within the City of Yakima are defined in § 15 27.299 and are shown on the data maps 2323 referenced in § 15 27 507 Maps. Most, but not all, of the wetlands within the City of Yakima 14 20u; 5 5 City of Yakima 15.27 CAO ) 24 occur near streams. The functional properties for wetlands are identified in §§ 15 27 504, and 2325 15 27 603 2326 2327 For regulatory purposes, wetlands are classified into four (4) categones according to the Wetland 2328 Rating System found in § 15 27 603(2) Wetland Functions and Rating. 2329 2330 2331 15.27.507 Maps 2332 Certain fish and wildlife habitat and hydrologically related cntical areas have been inventoned 2333 and are depicted on a series of paper and electronic maps The maps do not officially define the 2334 extent or characteristics of specific cntical areas, rather the potential physical boundaries and 2335 characteristics Maps may be both regulatory and non - regulatory in nature as described below 2336 1) Regulatory maps include the following 2337 a) Any floodway or floodplain identified as a special flood hazard area by the Federal 2338 Emergency Management Agency (FEMA) as identified in the. Flood Insurance 2339 Studies (FIRM) 2340 2) Informational maps indicate the approximate presence, location and /or typing of the 2341 potential cntical area. Informational maps include, but are not limited to the following 2342 a) Wetlands, 2343 b) Streams, 2344 c) Channel migration zone and '145 d) Species and Habitats of Local Importance —Note This map ii•ill be generated at 16 such a time It hen the City of Yakima formally adopts a specie or habitat of local L347 nnportance 2348 3) Other non - regulatory information sources include maps or other data sources, but are not 2349 limited to 2350 a. Comprehensive Flood Hazard Management Plans, 2351 b Soil Survey of the City of Yakima, 2352 c Surface Geologic Maps 2353 d Historic and Current Aerial Photo Serves, and 2354 e. Geohydraulic studies — geologic cross sections showing aquifers and confining 2355 units 2356 � -a� „ zC C•y �t,.�.,�.r�;w�,?ti �. a'-, .ir t�;y* -:rx� ._;�.,:r.z','�T,�x•. 5�;�� �,*-°. a�;.. a. ?t. 4' U"'' O4`;” a.' y;> �,:*;°r.`ai» %�:^�n�c"`�; •ro* iwi�;'t.�.'3�„r .`•¢'°�7^s'�' } 7� rw•F ^s,-. p+ 2357 L.., rv_:�'ri,r 1 , da.� �*�6;t4'. �.,� , ;� a =�SZ3, � r,�� �y �General�,.�.,evelo went Standard's1 � ,� �; � ��� � �`� �� ..c.3:;,.r°'�. i�!s -t. r� ; V. �. �... ;a- r. y.�3�._�_'?ta_ 1' '...<�m.e....:.>.P..�:,,. .....,._�: �...a3.. �.az+d�. v,`: ;.t�a�'1.. -x.�r �,us. '�£_sJ,.cai;�l�u f.siJ 2358 15.27.508 Prohibited Uses 2359 The following uses and activities are prohibited within a designated hydrologically related 2360 cntical area 2361 (1) Storage, handling, and disposal of matenal or substances that are dangerous or hazardous 2362 with respect to water quality and life safety; 2363 (2) The placement of mining tailings, spoilage, and mining waste materials, except for that 2364 associated with the mining of gravel, 2365 (3) The draining or filling of a wetland. lake or pond, except as provided for in § 15 27 519 2366 (4) The removal and transport of material for fill outside of the stream comdor; 2367 (5) Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal ,58 facilities Note This provision does not include Regional Wasteit ater plant facilrtres _ 1;.2ru„ 56 City of Yakima 15.27 CAO 2369 collection pipes septic systems approved by a local or state agency, and other related 2370 facilities, 2371 (6) Solid waste disposal sites 2372 (7) Automobile wrecking yards 2373 (8) Fill for the sole purpose of increasing land area within the stream comdor; 2374 (9) Uses located within the floodway fringe that are listed in 5 15 27 410, and, 2375 (10) Uses located within the floodway that are listed in § 15 27 412 2376 2377 2378 15.27.509 General Policies and Standards 2379 The following policies and standards shall apply to any development, construction, or use carried 2380 out within a designated hydrologically related critical area 2381 (1) The ordinary high water mark of a stream or lake, and the edge of a wetland shall be 2382 marked on the ground before any development, construction, or use is initiated. 2383 (2) Existing vegetation and any vegetative species pertinent to the critical area identified on 2384 the project site within the stream comdor shall only be disturbed to the minimum extent 2385 possible 2386 (3) Nesting areas and other sensitive habitat identified within a stream comdor shall be 2387 disturbed to the minimum extent possible 2388 (4) Projects within the stream corridor shall be scheduled to occur at times and dunng 2389 seasons having the least impact to spawning, nesting, or other sensitive wildlife activities 2390 Scheduling recommendations from the appropriate state and /or federal agency may be 2391 considered 2392 (5) Developments that obtain a stormwater permit approved by a local. state or federal 2393 agency and transportation projects using the Eastern Washington Stonnwater manual are 2394 exempt from 2395 a. Excavation, grading, cut /fills, compaction, and other modifications, which 2396 contribute to erosion of soils, shall be confined to the minimum necessary to 2397 complete the authonzed work and avoid increased sediment load 2398 b The removal of ground -cover vegetation, excavation, and grading shall be 2399 scheduled for penods when soils are the least vulnerable to erosion. compaction, 2400 and movement unless suitable protective measures are used to prevent erosion 2401 c Increases in impervious surface area, compaction of soil changes in topography 2402 and other modifications of land within a stream comdor shall provide on -site 2403 facilities for the detention, control and filtration if potential increases have been 2404 identified to occur 2405 d. The discharge point for controlled stonnwater runoff shall be designed and 2406 constructed to avoid erosion. 2407 e Matting or approved temporary ground cover shall be used to control erosion until 2408 natural vegetative ground cover is successfully established. 2409 (6) Development, construction and uses shall not directly or indirectly degrade surface water 2410 and groundwater through the introduction of nutnents. fecal conform toxins, and other 2411 biochemical substances 2412 (7) Pnor to the approval of development, construction. or uses within a designated stream 2413 corndor, any existing source of biochemical or thermal degradation identified as 2414 originating on the project property shall be corrected 2.14200, 57 Citv of Yakima 15.27 CAO )5 (8) Facilities which use fertilizers pesticides or herbicides shall use landscaping, low -nsk 2416 products, application schedules. and other protective methodology to minimize the 2417 surface and subsurface transfer of biochemical matenals into the stream comdor 2418 (9) Modifications to natural channel gradient, channel morphology, drainage patterns, and 2419 other stream features shall not permanently alter or obstruct the natural volume or flow of 2420 surface waters. 2421 (10) Development, construction, or uses within the stream comdor shall not alter or divert 2422 flood flows, cause channel shift, erosion, and increase or accelerate the flooding of 2423 upstream or downstream flood hazard areas 2424 (1 1) Structures placed in close proximity to the outer edge of bends in stream channels shall 2425 be located to minimize the hazard from stream undercutting and stream bank erosion 2426 stemming from potential future stream migration 2427 (12) The Department of Ecology and adjacent communities shall be notified prior to any 2428 alteration or relocation of a watercourse and evidence of such notification shall be 2429 submitted to the Federal Emergency Management Agency 2430 (13) Maintenance shall be provided for the altered or relocated portion of said watercourse so 2431 that the flood - carrying capacity is not diminished 2432 (14) Development, construction, or uses within the hydrologically related critical area shall be 2433 mitigated using mitigation sequencing as outlined in § 15.27 307 Mitigation 2434 Requirements 2435 (15) Development shall not obstruct, cut off, or isolate stream comdor features 1 36 (16) Nothing in these regulations shall constitute authority of any person to trespass or in any 1;7 way infnnge upon the nghts of pnvate ownership z438 (17) If archaeological resources are uncovered dunng excavation, developers and property 2439 owners shall immediately stop work and notify the City of Yakima, the Washington State 2440 Office of Archaeology and Historic Preservation and any affected Indian Nation 2441 Archaeological sites are subject to RCW 27 44 Indian Graves and Records and RCW 2442 27 53 Archaeological Sites and Records Development or uses that may impact such 2443 sites shall comply with WAC 25 -48 Archaeological Excavation and Removal Permit 2444 (18) Projects located within the floodway must meet the requirements of j 15 27 411 2445 Permitted Uses 2446 (19) Any portion of the vegetative buffer temporanly damaged or disturbed as a result of 2447 construction activities (excluding approved permanent use areas) shall be repaired at the 2448 completion of construction using the reclamation found in § 15 27 521 2449 2450 �v ,��:(, ,,' !i _ .:gym; �**' e - 'r. -:r. rna- y aw... µ Ks,:. -' ^Y*m %�� «.�. ".3 ''"�i,..r.;r v .en "n�,•�:.,�.:. Y�..0 ,�r � >s«,nr• � rr, t3�:'"ii:�.. -.. '.tsR:o''`.' M Wate%FDepen ency _iYaTO Tii grin rds iti uffer ` e wrements q ` .-0. ''� 2451 15.27.510 Use Classifications 2452 For purposes of this section, the components of any development, construction, or use requinng 2453 a critical area development authorization shall be classified as provided below and shall conform 2454 with the development standards applicable to the classification provided in j§15 27 511 - 13 2455 1) Water Onented Uses are one of the following two (2) categones of uses 2456 a) Water- dependent uses include darns, water diversion facilities. marinas, boat launching 2457 facilities, water intakes and outfalls, aquaculture. log booming, stream and wetland crossings 2458 for roads and railroads, stream and wetland crossings for utilities, swimming beaches, 1 59 fishing sites. in -water or on -land shore stabilization structures. livestock watenng sites, and 60 other uses that cannot exist in any other location and are dependent on the water by reason of i':._( 58 City of Yakima 15.27 CAO 2461 the intnnsic nature of their operations This provision applies only to the specific portion of a 2462 project that is demonstrably dependent upon the water or shore 2463 b) A water - related use is one not intrinsically dependent on a waterfront location but whose 2464 economic viability is enhanced by a waterfront location either because it requires large 2465 quantities of water, or because it provides services for water dependant uses and the 2466 proximity to its customers makes such services less expensive and /or more convenient 2467 Examples would include thermal power plants, sewage treatment plants water processing 2468 and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat 2469 rental shops 2470 2) Non - water - onented uses include any use not qualifying as uses in subsection (1) above 2471 2472 15.27.511 Water - dependent Uses 2473 The following provisions shall apply to water - dependent uses 2474 (1) Structures shall be clustered at locations on the water's edge having the least impact to 2475 the surface water and shore 2476 (2) Use areas and structures which require direct shore locations shall be located and 2477 constructed to minimize impacts to the shore area and the vegetative buffer specified in 2478 15.27 514 (Vegetative Buffers) 2479 (3) Use areas and structures requiring direct shore locations shall minimize any obstruction 2480 or impairment of normal public navigation of the surface water 2481 2482 15.27.512 Water - related Uses 2483 The following provisions shall apply to the water - related uses 2484 (1) Structures and use areas shall be located as far landward from the ordinary high water 2485 mark or wetland edge as is possible and still preserve the essential or necessary relationship with 2486 the surface water 2487 (2) Structures and use areas shall not be located within the vegetative buffer specified in § 2488 15 27 514 (Vegetative Buffers) except where existing development or the requirements 2489 associated with the use make such a location unavoidable 2490 2491 15.27.513 Non -water Oriented Uses 2492 The following provisions shall apply to non - water - oriented uses 2493 (1) Structures and use areas shall be set back so as not to be located within the vegetative 2494 buffer specified in § 15.27 514 (Vegetative Buffers) 2495 (2) Construction abutting the vegetative buffer specified in § 15.27 514 (Vegetative Buffers) 2496 shall be designed and scheduled to ensure there will not be permanent damage or loss of the 2497 vegetative buffer 2498 2499 15.27.514 Vegetative Buffers 2500 The establishment of a vegetative buffer system is necessary to protect the functions and values 2501 of certain hydrologically related critical areas Standard and minimum buffers for streams, lakes 2502 ponds. and wetlands are listed in Table 5 -1 and 5 -2 2503 1) Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes 2504 and ponds. and from the edge of the wetlands The width of the buffer shall be determined 2505 according to the stream or wetland type 2 14 201i; 59 City of Yakima 15.27 CAO b6 Buffer width may be reduced through an adjustment pen process (§ 15 27 317) However, the 2507 Administrative Official may deny reductions to the standard buffer widths for wetlands that 2508 score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, except where it 2509 can be shown that a particular wildlife species needs within the buffer can be met with a smaller 2510 buffer 2511 2) Type 1 streams, lakes, and ponds are protected by the Shoreline Master Program and are not 2512 part of this Title 2513 3) The minimum buffer widths listed in Tables 5 -1 and 5 -2 are the lowest possible buffer widths 2514 allowed by means of the adjustment process Adjustments below the minimum buffer width 2515 must meet additional approval criteria as provided in § 15 27 317(3)(d) Adjustments 2516 4) The adequacy of these standard buffer widths presumes the existence of a relatively intact 2517 native vegetative community within the buffer zone that is deemed adequate to protect the 2518 identified cntical area. 2519 a. If the vegetation is degraded, then re- vegetation may be considered with any 2520 adjustment to the buffer width 2521 b Where the use is being intensified, a degraded buffer may be re- vegetated to maintain 2522 the standard width. 2523 Table 5 — 1 2524 ** *The Administrative Official may deny reductions to the standard buffer widths for 2525 wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, 2526 except where it can be shown that a particular wildlife species needs within the buffer can be '527 met with a smaller buffer * ** 98 Stream Type Buffer Width standard /(minimum adjustment) Type 1 Shoreline streams, lakes and ponds 100 Type 2 streams, lakes and ponds 75 /(25 ) Type 3 streams (Perennial) lakes and 50 /(25 ) ponds Type 4 streams (Intermittent) lakes and 25 /(15 ) ponds Type 5 streams (Ephemeral) No buffer standards Type 5 streams are not regulated as streams, but may be protected under geologically hazardous area, floodplain, stonnwater, construction, grading or other development regulations 2529 2530 ** *The Administrative Official may deny reductions to the standard buffer widths for 2531 wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, 2532 except where it can be shown that a particular wildlife species needs within the buf'f'er can be 2533 met with a smaller buffer * ** 2534 2535 Table.5 -2 Type 1 Wetlands Type 2 Wetlands Type 3 Wetlands Type 4 Wetlands (standard /minimum) (standard /minimum) (standard /minimum) (standard /minimum) 200 /100 150 /75 100 /50 50 /25 ,.2outi 60 City of Yakima 15.27 CAO 2536 * :�M�3i. :a �N ,�. .- n� u3• }y`, "*, 4'.'• ,i+" Mo k� : :rw,yy?rs ^?.;N r ;.° ': „-cr" _ ": ° [,.b; •ry . 2537 ; s ..` y °`° _¢`: Land dification 40.0 2538 15.27.515 Roads, Railroads, and Parking 2539 The following provisions shall apply to the location and construction of roads, railroads, and 2540 parking within a designated hydrologically related critical area. 2541 (1) Roads and railroads shall not be located within a designated stream corridor except where 2542 it is necessary to cross the comdor or where existing development, topography, and other 2543 conditions preclude locations outside the stream comdor 2544 a) Construction of roadways across stream corridors shall be by the most direct route 2545 possible having the least impact to the stream corridor; 2546 b) Roadways that must run parallel to streams or wetlands shall be along routes having the 2547 greatest possible distance from stream or wetland and the least impact 2548 c) Roadways within the stream corridor shall not hydrologically obstruct, cut -off or isolate 2549 stream corridor features, unless it is clearly unavoidable 2550 (2) Material excavated from the roadway area to achieve the design grade shall be used as fill 2551 where necessary to maintain grade or shall be transported outside the stream corridor 2552 (3) Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or 2553 cause displacement that would increase the elevation of flood waters such that it would cause 2554 properties not in the floodplain to be flood -prone 2555 (4) Spoil, construction waste, and other debris shall not be used as road fill or buned within 2556 the stream corridor 2557 (5) Bridges and water - crossing structures shall not constrict the stream channel or impede the 2558 flow of ordinary high water, sediment, and woody debns 2559 (6) The preservation of natural stream channels and drainage ways shall be preferred over the 2560 use of culverts Where culverts are the preferred method, large natural bottom culverts, multi - 2561 plate pipes, and bottomless arches are preferred 2562 (7) The alignment and slope of culverts shall parallel and match the natural flow of streams 2563 or drainage ways and shall be sized to accommodate the volume flow and velocity of ordinary 2564 high water and shall terminate on stable erosion - resistant materials 2565 (8) Where fish are present, culverts shall be designed and constructed to specifications 2566 provided through the Department of Fish and Wildlife 2567 (9) At least one end of a wood stnnger bndge shall be anchored to prevent the bndge from 2568 being washed away during a high water event 2569 (10) Roads must be designed and constructed using established flood resistant design and 2570 construction methods when the road is possibly subject to floodwater damage 2571 (1 1) Roads and bridges within floodways must meet the requirements of y 15 27 41 1(8) and 2572 (3), unless an engineer can demonstrate another appropriate method 2573 2574 15.27.516 Utility Transmission Lines and Facilities 2575 The following provisions shall apply to the location, construction, and installation of utility 2576 transmission fines (such as those for wastewater water communication natural gas) within a 2577 designated hydrologically related critical area 2578 (1) Utility transmission lines shall be permitted within the stream comdor only where it is 2579 necessary to cross the comdor or where development. topography, and other conditions preclude 2580 locations outside the stream comdor 2 14 200 61 City of Yakima 15.27 CAO 1 11 a) Utility transmission lines across stream comdors shall be by the most direct route 1582 possible having the least impact to the stream corridor 2583 b) The construction of utility transmission lines within a stream corridor shall be 2584 designed and located to provide a minimum disruption to the functional properties 2585 (2) Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy 2586 replacement or repair with minimal disturbance to the stream corridor 2587 (3) Buried utility transmission lines crossing a stream comdor shall be buried a minimum of 2588 four feet below the maximum scour or 1/3 of the bankfull depth of the waterway, whichever is 2589 greater, and for a similar depth below any associated floodway and floodplain to the maximum 2590 extent or potential channel migration as deternlined by hydrologic analysis 2591 (4) Wherever possible, new aboveground installations shall use existing bndges or pole 2592 facilities 2593 (5) Aboveground electncal support towers and other similar transmission structures shall be 2594 located as far upland as is reasonably practical 2595 (6) Transmission support structures shall be located clear of high flood velocities and located 2596 in areas of minimum flood depth, which require the least amount of floodproofing. 2597 (7) Underground utility transmission lines shall be constructed so they do not alter, 2598 intercept, or dewater groundwater patterns that support streams, wetlands, and hyporheic flow 2599 (8) All new and replacement water supply systems and wastewater systems within a special 2600 flood hazard area must meet the requirements of § 15.27 407(b) (re infiltration or discharge into 2601 or out of the system) ' (9) Utility transmission lines within the Floodway Fringe shall meet the standards of j )3 15.27 409(2) Lo04 (10) Utility transmission lines within the Floodway shall meet the standards of 2605 15.27 411(3) 2606 2607 15.27.517 Shore Stabilization 2608 The following provisions shall apply to shore stabilization projects 2609 (1) Shore stabilization projects shall be allowed only where there is evidence of erosion 2610 which clearly threatens existing property, structures or facilities. and which stabilization will not 2611 jeopardize other upstream or downstream properties 2612 (2) Stabilization projects shall be developed under the supervision of. or in consultation with. 2613 agencies or professionals with appropnate expertise 2614 (3) Stabilization projects shall be confined to the minimum protective measures necessary to 2615 protect the threatened property 2616 (4) The use of fill to restore lost land may accompany stabilization work, provided the 2617 resultant shore does not extend beyond the new ordinary high water mark, finished grades are 2618 consistent with abutting properties a restoration plan is approved for the area, and the fill 2619 matenal is in compliance with § 15.27 519 Filling 2620 (5) Stabilization projects shall use design, matenal, and construction alternatives that does 2621 not require high or continuous maintenance, and which prevents or minimizes the need for 2622 subsequent stabilization of the shore's other segments. 2623 (6) Alternative Preferences Vegetation. berms. bioengineering techniques, and other 2624 nonstructural alternatives, which preserve the natural character of the shore shall be preferred ?5 over nprap, concrete revetments, bulkheads, breakwaters. and other structural stabilization. 26 While nprap rock or other natural matenals shall be preferred over concrete revetments. 2 142018 62 City of Yakima 15.27 CAO 2627 bulkheads, breakwaters and other structural stabilization. 2628 (7) Applications to construct or enlarge dikes or levees shall meet the requirements of 2629 15 27 41 1(7) 2630 (8) Revetments and bulkheads shall be no higher than necessary to protect and stabilize the 2631 shore. 2632 (9) Breakwaters shall be constructed of floating or open -pile designs rather than fill, nprap 2633 or other solid construction methods 2634 (10) All new flood control projects shall define maintenance responsibilities and a funding 2635 source for operations, maintenance, and repairs for the life of the project 2636 2637 15.27.518 Dredging and Excavation 2638 The following provisions shall apply to dredging and excavation within a designated 2639 hydrologically related critical area 2640 (1) Dredging in surface waters shall be allowed only where necessary 2641 a. Because of existing navigation needs 2642 b Habitat improvement, 2643 c Maintenance, and 2644 d. Construction of water dependant uses. 2645 2646 (2) Dredging and excavation shall be confined to the minimum area necessary to accomplish 2647 the intended purpose or use 2648 (3) Hydraulic dredging or other techniques that minimize the dispersal and broadcast of 2649 bottom materials shall be preferred over agitation forms of dredging 2650 (4) Curtains and other appropriate mechanisms shall be used to minimize widespread 2651 dispersal of sediments and other dredge materials 2652 (5) Entnes across shore and wetland edges to accomplish dredging or excavation shall be 2653 confined to the minimum area necessary to gain entry and shall be confined to locations with the 2654 least potential for site disturbance and damage 2655 (6) Dredging and excavation shall be scheduled at times having the least impact to fish 2656 dunng spawning, nesting, and other identified natural processes 2657 (7) Dredge spoils are also considered fill, and shall not be deposited within the stream except 2658 where such deposit is in accordance with approved procedures intended to preserve or enhance 2659 wildlife habitat, natural drainage, or other naturally occumng conditions 2660 2661 15.27.519 Filling 2662 The following provisions shall apply to filling activities within a designated hydrologically 2663 related critical area. 2664 (1) Fill within surface waters or wetlands shall be allowed only where necessary in 2665 conjunction with water- dependent uses, or an approved reclamation plan under § 15.27 521 or 2666 approved compensatory mitigation plan under § 15.27 604 2667 (2) Fill for the purpose of increasing elevation may be permitted if it can be accomplished in 2668 a manner consistent with this chapter s policies 2669 (3) Fill shall be the minimum necessary to accomplish the use or purpose and shall be 2670 confined to areas having the least impact to the stream corridor Other alternatives should be 2671 preferred over fill to elevate new homes in the floodplain, such as increasing foundation height 2672 or zero -nse methods such as piers, posts, columns, or other methods 11-4_00 63 City of Yakima 15.27 CAO 1 i'3 (4) Fill in floodplains shall meet the requirements of § Part Four Flood Hazard Areas 2674 (5) Unless site characteristics dictate otherwise, fill material within surface waters or 2675 wetlands shall be sand, gravel rock, or other clean material, with a minimum potential to 2676 degrade water quality 2677 (6) Fill placement shall be scheduled at times having the least impact to fish dunng 2678 spawning, nesting, and other identified natural processes 2679 (7) Fill and finished surface material shall require low maintenance, provide high resistance 2680 to erosion and prevent or control the migration of sediments and other material from the fill area 2681 to surrounding water shore and wetlands unless the Washington Department of Fish and 2682 Wildlife indicates other options are preferred 2683 (8) Projects that propose fill shall make every effort to acquire fill onsite (compensatory 2684 storage) where appropriate 2685 (9) Fill should not obstruct, cut off, or isolate stream corridor features 2686 2687 15.27.520 Commercial Mining of Gravels 2688 The following provisions shall apply to the commercial mining of gravels within a designated 2689 hydrologically related critical area 2690 (1) Prior to the authorization of commercial gravel mining operation, the project proponent 2691 shall provide maps to scale which illustrate the following 2692 (A) The extent to which gravel excavation and processing will affect or modify existing 2693 stream corridor features, including existing npanan vegetation '694 (B) The location, extent and size in acreage of any pond, lake, or feature that will be )5 created as a result of mining excavation, L096 (C) The description, location, and extent of any proposed subsequent use that would be 2697 different than existing uses 2698 (2) Wherever feasible, the operations and any subsequent use or uses shall not cause 2699 permanent impairment or loss of floodwater storage, wetland, or other stream corridor features 2700 Mitigation shall provide for the feature's replacement at equal value except wetlands which shall 2701 be mitigated according to guidance in the Washington State Department of Ecology s Wetland 2702 Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated) 2703 (3) Any surface mining allowed within the floodway shall meet the standards of § 2704 15.27 411 (2) 2705 (4) Except where authorized by City of Yakima in consultation with the State Department of 2706 Fish and Wildlife and Department of Ecology, the following shall apply 2707 (A) The excavation zone for the removal of gravels shall be located a minimum of one 2708 hundred feet upland from the ordinary high water mark (OHWM) of the stream channel 2709 (B) Equipment shall not be operated, stored, refueled, or provided maintenance within 2710 one hundred feet of the OHWM. 2711 (C) Gravel washing, rock - crushing, screening, or stockpiling of gravels shall not occur 2712 within one hundred feet of the OHWM 2713 (5) Mining proposals shall be consistent with the Washington Department of Natural 2714 Resources Surface Mine Reclamation standards, (WAC 332 -18, RCW 78 44) 2715 2716 15.27.521 Reclamation '17 The following guidelines shall apply to the reclamation of disturbed sites resulting from 48 development activities with a designated hydrologically related cntical area 2 I- L_oci5 64 City of Yakima 15.27 CAO 2719 (1) Development, construction, or uses shall include the timely restoration of disturbed 2720 features to a natural condition or to a stabilized condition, which prevents degradation 2721 (2) Large -scale projects that extend over several months shall be phased to allow reclamation 2722 of areas where work or operations have been completed 2723 (3) Reclamation shall be scheduled to address precipitation, meltwater runoff, growing 2724 season, and other seasonal variables that influence restoration and recovery 2725 (4) Topography shall be finished to grades, elevations, and contours consistent with natural 2726 conditions in adjacent and surrounding areas 2727 (5) Where existing development and construction prevent return of a site to its natural 2728 condition, sites may be finished to conditions comparable to surrounding properties 2729 provided suitable protective measures are used to prevent stream comdor degradation 2730 (6) Cut -and -fill slopes shall be stabilized at, or at less than the normal angle of repose for the 2731 materials involved 2732 (7) The replacement or enhancement of vegetation within wetlands and required vegetative 2733 buffers shall use naturally occurring, native plant species 2734 (8) In other parts of the stream, naturally occurring, native plant species shall be used, unless 2735 a showing of good cause acceptable to the Administrative Official or designee is 2736 provided Should good cause be shown then self - maintaining or low - maintenance plant 2737 species compatible with the native vegetation shall be used in place over of non - native 2738 and high - maintenance species 2 14, 2008 65 Citv of Yakima 15.27 CAO 9 CHAPTER 15.27 2740 PART SIX 2741 WETLANDS 2742 2743 Sections Defined 2744 15 27 600 Purpose and Intent 2745 15 27 601 Designating and Mapping 2746 15 27 602 Protection Approach 2747 15 27 603 Wetland Functions and Rating 2748 15 27 604 Compensatory Mitigation 2749 15.27 605 Wetland Mitigation Banks 2750 2751 15.27 600 Purpose and Intent - The purpose and intent of the provisions protecting wetland 2752 critical areas is equivalent to the purpose and intent for § 15.27 500 2753 2754 15.27 601 Designating and Mapping 2755 1) Wetlands are all areas meeting the definition for wetlands as defined in § 15 27 299 and 2756 are hereby designated critical areas which are subject to the provisions of this chapter 2757 Except the following 2758 A) Irrigation systems that create an artificial wetlands 2759 B) Areas where changes in irrigation practices have caused wetland areas to dry up 17 60 2) The approximate location and extent of wetlands are shown on maps maintained by The \ ail City of Yakima. These maps may include information from the National Wetlands /62 Inventory produced by the U S Fish and Wildlife Service and are to be used as a guide 2763 for the City of Yakima. 2764 2765 15.27.602 Protection Approach 2766 Wetlands will be protected using the Protection Approach for Hydrologically Related Critical 2767 Areas found in § 15 27 501 Wetlands and their functions will be protected using the standards 2768 found in Part Four 2769 2770 15.27 603 Wetland Functions and Rating 2771 1) Wetlands are unique landscape features that are the interface between the aquatic and 2772 terrestnal environments Wetlands provide the following functions 2773 a) Biogeochemical functions, which improve water quality in the watershed (such as 2774 nutnent retention and transformation, sediment retention, metals and toxics 2775 retention and transformation) 2776 b) Hydrologic functions, which maintain the water regime in a watershed, such as 2777 flood flow attenuation, decreasing erosion, and groundwater recharge 2778 c) Food and habitat functions, which includes habitat for invertebrates, amphibians 2779 anadromous fish, resident fish, birds, and mammals 2780 2) Wetlands shall be rated based on categones that reflect the functions and values of each 2781 wetland and shall be based on the cntena provide in the Washington State Wetland 2782 Rating System for Eastern Washington revised August 2004 (Ecology Publication #04- '3 06 -15 which are summarized below 2 14 200S 66 City of Yakima 15.27 CAO 2784 a) Category I wetlands are more sensitive to disturbance than most wetlands, are 2785 relatively undisturbed, and contain ecological attributes that are difficult to replace 2786 Generally, these wetlands are not common and make up a very small percentage of 2787 the wetlands within the City of Yakima. The following types of wetlands are 2788 classified as Category 1 2789 1 Wetlands sconng 70 points or more (out of 100) in the Eastern Washington 2790 Wetland Rating System (EWWRS), 2791 11 Alkali wetlands, 2792 111 Natural heritage wetlands (wetlands identified by Washington Department of 2793 Natural Resources Natural Heritage Program scientists), and 2794 iv Bogs 2795 b) Category I1 wetlands are difficult but not impossible to replace and provide high 2796 levels of some functions Category II wetlands include 2797 i Wetlands scoring between 51 -69 points (out of 100) in the EWWRS, and 2798 11 Unassociated vernal pools 2799 in Forested Wetlands 2800 c) Category III wetlands are often smaller, less diverse and /or more isolated from other 2801 natural resources Category III wetlands include 2802 1 Wetlands with a moderate level of functions (scoring between 30 -50 points) in 2803 the EWWRS, and 2804 n Associated vernal pools 2805 d) Category IV wetlands have the lowest levels of functions, sconng less than 30 2806 points in the EWWRS Category IV wetlands are often heavily disturbed and are 2807 wetlands that should be able to be replaced 2808 3) Wetlands shall be rated, as they exist on the day of project application submission 2809 Infonnation regarding the onginal condition of illegally modified wetlands that can not 2810 be discerned from aenal photographs or other reliable information sources shall use the 2811 highest appropnate points value within each missing data field of the EWWRS rating 2812 sheet to complete the rating. 2813 2814 15.27 604 Compensatory Mitigation Requirements — Projects that propose compensation for 2815 wetland acreage and /or functions are subject to State and Federal regulations Compensatory 2816 mitigation for alterations to wetlands shall provide for a no net loss of wetland functions and 2817 values, and must be consistent with the mitigation plan requirements of § 15.27 314(13) The 2818 following documents were developed to assist applicants in meeting the above requirements 2819 1) Compensatory mitigation plans must be consistent with Guidance on Wetland Mitigation 2820 in Washington State Part 2 Guidelines fnr Developing Wetland Mitigation Plans and 2821 Proposals or as revised (Washington State Department of Ecology, U S Army Corps of 282 Engineers Seattle Distnct, and U S Environmental Protection Agency Region 10 2823 Ecology publication number 04- 06 -013B - 2824 http. / /www ecy wa. gov/ programs / sea /bas_wetlands /volume2final html) 2825 2) Compensatory mitigation application and ratios for mitigation of wetlands shall be 2826 consistent with Wetlands in Washington State - Volume 2 Guidance for Protecting and 2827 Managing Wetlands — Appendix 8 -D- 5C 8 -D3 or as revised (Washington State 2828 Department of Ecology Publication number 05 -06 -008 - 2829 http. / /www ecy wa. gov / programs /sea/bas_wetlands /volume2final html) 2 1 s 200 67 City of Yakima 15.27 CAO )3 0 2831 15.27 605 Wetland Mitigation Banks 2832 1) Credits from a wetland mitigation bank may be approved for use as compensation for 2833 unavoidable impacts to wetlands when 2834 a) The bank is certified under RCW 90 84 or WAC 173 -700 2835 b) The Admin;strat3\ -e Official determines that the wetland mitigation bank can 2836 provide appropnate compensation for the authorized impacts, and 2837 c) The proposed use of credits is consistent with the teiuis and conditions of the 2838 bank s certification. 2839 2) Replacement ratios for projects using bank credits shall be consistent with replacement 2840 ratios specified in the bank s certification 2841 3) Credits from a certified wetland mitigation bank may be used to compensate for impacts 2842 located within the service area specified in the bank s certification In some cases, bank 2843 service areas may include portions of more than one adjacent drainage basin for specific 2844 wetland functions 2. 1-12 O. 68 City of Yakima 15.27 CAO 2845 CHAPTER 15.27 2846 PART SEVEN 2847 GEOLOGICALLY HAZARDOUS AREAS 2848 2849 Sections Defined 2850 15.27 700 Purpose and Intent 2851 15 27 701 Mapping and Designation 2852 1 5.27 702 Geologically Hazardous Areas Protection Approach 2853 15.27 703 Development Review Procedure for Geologically Hazardous Areas 2854 15 27 704 General Protection Requirements 2855 2856 15.27 700 Purpose and Intent 2857 1 Geologically hazardous areas include those areas susceptible to erosion, sliding, 2858 earthquake or other geological events These areas pose a threat to the health and safety 2859 of the City of Yakima s citizens when incompatible development is sited in significantly 2860 hazardous areas When mitigation is not feasible, development within geologically 2861 hazardous areas should be avoided 2862 2 The purpose of this section is to 2863 a. Minimize risks to public health and safety and reduce the risk of property damage 2864 by regulating development within geologically hazardous areas, 2865 b Maintain natural geological processes while protecting new and existing 2866 development, and 2867 c Establish review procedures for development proposals in geologically hazardous 2868 areas 2869 4) This section does not imply that land outside mapped geologically hazardous areas or 2870 uses permitted within such areas will be without risk. This section shall not create 2871 liability on the part of the City of Yakima, any officer, or employee thereof for any 2872 damages that result from reliance on this chapter or any administrative decision lawfully 2873 made hereunder 2874 2875 15.27 701 Mapping and Designation 2876 1) Geologically hazardous areas are areas that are susceptible to one or more of the following, 2877 based on WAC 365- 190- 080(4)(b) -(h) 2878 a) Erosion hazards, 2879 b) Landslide hazards, which include 2880 1 over steepened slopes 2881 11 alluvial fan/flash flooding, 2882 in avalanche, and 2883 iv stream undercutting 2884 c) Seismic hazards (referred to below as earthquake hazards) 2885 d) Volcanic hazards 2886 2) The approximate location and extent of erosion hazard areas are shown on the City of 2887 Yakima s critical area map titled Erosion Hazard Areas of the City of Yakima Erosion 2888 hazard areas were identified by using the Soil Sane) of Yakima County Area 2889 Washington and the Soil Survei of Yakima Indian Reservation Irrigated 4rea, 2,42001 69 City of Yakima 15.27 CAO ) )0 Washington, Part of Yakima County The analysis utilized the general soil map unit L891 descnptions of severe and very severe hazard of water erosion 2892 3) The approximate location and extent of Geologically Hazardous Areas are shown on the 2893 City s critical area map titled Geologically Hazardous Areas of the City of Yakima The 2894 following geologically hazardous areas ha\ e been mapped and classified using the criteria 2895 found in WAC 365- 190- 080(4)(b) -(h) 2896 a) Landslide hazard areas (LS) — These include places where landslides, debris flows, 2897 or slumps have occurred 2898 1 High Risk areas (LS3) are defined as areas that are presumed to have had a 2899 landslide, debris flow, or slump within 10,000 years or less 2900 11 Intermediate Risk areas (LS2) are defined as areas where landslides, 2901 debris flows, or slumps are older than 1 0,000 years, but are still capable of 2902 movement 2903 111 Low Risk areas are defined as areas unlikely to fail These areas are 2904 unlabeled and combined with other Low Risk categories 2905 2906 b) Over steepened slope hazard areas (OS) - These include areas with slopes steep 2907 enough to create a potential problem 2908 1 High Risk areas (0S3) are defined as Having a high potential to fail, 2909 include slopes greater than 40 %, and consist of areas of rock fall, creep, 2910 and places underlain with unstable materials 7 911 11 Intermediate Risk areas (0S2) are defined as Areas less likely to fail but )2 are still potentially hazardous This category includes slopes between 15% and 40% 2914 111 Low Risk areas are defined as Areas unlikely to fail These areas are 2915 unlabeled and combined with other Low Risk categories 2916 c) Alluvial fan /flash flooding hazard areas (AF) - These areas include locations where 2917 flash floods can occur and are often associated with inundation by debris from 2918 flooding. These area may include 2919 1 Alluvial fans 2920 11 Canyons 2921 in Gullies, and 2922 iv Small streams where catastrophic flooding can occur 2923 d) Avalanche risk hazard areas (AR) - Areas of avalanche hazards are limited to areas 2924 near Cascade Crest, which are currently located outside the City of Yakima s UGA 2925 e) Stream undercutting hazard areas (SU) - These areas are confined to banks near 2926 main streams and nvers where undercutting of soft materials may result 2927 1 High Risk areas (SU3) include steep banks of soft material adjacent to 2928 present stream courses 2929 11 Intermediate Risk areas (SU2) are banks along the edge of a flood plain 2930 but away from the present river course 2931 Low Risk areas are unlabeled and combined with other Low Risk areas on the maps 2932 fl Earthquake activity hazard areas (EA) - Recorded earthquake activity in the City of 2933 Yakima is mostly marked by low magnitude events and thus low seismic nsk The 3 City of Y akima s Low Risk. areas are unlabeled, and combined with other low risk 15 hazards I4 20O 70 Citv of Yakima 15.27 CAO 2936 g) Suspected geologic hazard areas (SUS) — These are areas for which detailed 2937 geologic mapping is deficient but preliminary data indicate a potential hazard may 2938 exist. No nsk assessment (1 -2 -3) is given for these areas Most are probably OS or LS 2939 hazards 2940 h) Risk unknown hazard areas (UNK) - This category is limited to areas where 2941 geologic mapping is lacking or is insufficient to make a determination All of these 2942 areas are associated with other classified geologic hazards 2943 2944 4) Volcanic Hazard Areas are not mapped but are defined as areas subject to pyroclastic 2945 (formed by volcanic explosion) flows, lava flows and inundation by debris flows, 2946 mudflows or related flooding resulting from volcanic activity Volcanic Hazard Areas in 2947 the City of Yakima are limited to pyroclastic (ash) deposits No specific protection 2948 requirements are identified for volcanic hazard areas 2949 2950 15.27 702 Geologically Hazardous Areas Protection Approach 2951 The geologically hazardous areas protection approach can be met by following the guidelines 2952 below and by implementing the appropriate sections of the Building Code as adopted in 2953 YMC Title 11 2954 1) Erosion hazard areas — Protection measures for erosion hazard areas will be 2955 accomplished by implementing the regulatory standards for erosion and drainage control 2956 required under YMC Title 11 Building Code Title 11 requirements can be met by the 2957 application of the Best Management Practices (BMPs) in the Eastern Washington 2958 Stormwater Manual (WDOE Publication number 04 -10 -076), equivalent manual adopted 2959 by the City of Yakima, or any other approved manual deemed appropriate by the 2960 Building Official 2961 2) Landslide hazard areas - Protection measures for landslide hazard areas will be 2962 accomplished through the review process of § 15 27 703, by implementing the 2963 development standards of § 15 27 704, 2964 3) Alluvial fan /flash flooding hazard areas - Protection measures for alluvial fan /flash 2965 flooding hazard areas will be accomplished through the review process of § 15 27 09 04 2966 4) Stream undercutting hazard areas - Protection measures for stream undercutting 2967 hazard areas will be accomplished by Critical Areas review for flood hazards, streams, 2968 and Shoreline junsdretion. 2969 5) Avalanche hazard areas - This condition is outside the City of Yakima s UGA and 2970 therefore, does not apply 2971 6) Oversteepened slope hazard areas - Protection measures for oversteepened slope 2972 hazard areas will be accomplished through the review process of § 15 27 703 by 2973 implementing the development standards of § 15 27 704 2974 7) Earthquake /Seismic hazard area protection standards - Protection measures for 2975 earthquake /seismic hazard areas will be accomplished by implementing the appropriate 2976 sections of the Building Code as adopted in YMC Title 11 2977 8) Suspected geologic hazard areas and Risk unknown hazard areas - Protection 2978 measures for suspected geologic hazard areas and risk unknown hazard areas will be 2979 accomplished through the review process of § 15 27 703 and by implementing the 2980 development standards of § 15 27 704 2981 2, 14 . Duo 71 City of Yakima 15.27 CAO )2 15.27 703 Development Review Procedure for Geologically Hazardous Areas 2983 1) The Administrative Official shall make a Determination of Hazard to confirm whether 2984 the development or its associated facilities (building site, access roads, limits of grading/ 2985 excavation/ filling, retaining walls, septic drainfields, landscaping, etc) are 2986 a) located within a mapped geologically hazardous area, 2987 b) abutting or adjacent to a mapped geologically hazardous area and may result in or 2988 contribute to an increase in hazard, or pose a risk to life and property on or off the 2989 site 2990 c) located within a distance from the base of an adjacent landslide hazard area equal to 2991 the vertical relief of said hazard area, or 2992 d) located within the potential run -out path of a mapped avalanche hazard. 2993 2) Developments that receive an affirmative Determination of Hazard by the Administrative 2994 Official under subsection (1) above, must conduct a Geologic Hazard Report as provided 2995 in § 15 27 315(3) which may be part of a GeoTechnical Report required below 2996 a) If the Geologic Hazard Report determines that no hazard exists or that the project 2997 area lies outside the hazard, then no Geologic Hazard review is needed. 2998 b) The Administrative Official is authonzed to waive further Geologic Hazard review 2999 for over steepened slopes on the basis that the hazards identified by the Geologic 3000 Hazard report will be adequately mitigated through the issuance of a grading or 3001 construction permit. 3002 3) Developments that receive an affirmative Determination of Hazard, but do not meet the ' °03 provisions of paragraph 2a or 2b above, must 4 a) Obtain a Cntical Areas Development Authorization under Part Three, Jo05 b) Submit a GeoTechnical Report that is suitable for obtaining grading and construction 3006 permits that will be required for development, 3007 i) The geo- technical report shall incorporate a submitted assessment, which 3008 includes the design of all facilities, 3009 ti) A description and analysis of the risk associated with the measures 3010 proposed to mitigate the hazards, and 3011 in) Ensure the public safety, and protect property and other critical areas 3012 c) Be consistent with § 15 27 704 3013 3014 15.27 704 General Protection Requirements 3015 1) Grading, construction, and development and their associated facilities shall not be located 3016 in a geologically hazardous area, or any associated setback for the project recommended 3017 by the GeoTechnical Report, unless the applicant demonstrates that the development is 3018 structurally safe from the potential hazard, and that the development will not increase the 3019 hazard risk onsite or off -site 3020 2) Development shall be directed toward portions of parcels, or parcels under contiguous 3021 ownership that are at the least nsk of hazard in preference to lands with higher nsk, 3022 unless determined to be infeasible in the GeoTechnical Report 3023 3) The GeoTechnical Report shall incorporate methods to ensure that education about the 3024 hazard and any recommended buildable area for future landowners is provided. 3025 4) The applicable requirements of grading and construction permits for developments in ;6 hazardous areas must be included in the development proposal and GeoTechnical Report ' 2, 14 2008 US City of Yakima 15.27 CAO 3027 CHAPTER 15.27 3028 PART EIGHT 3029 CRITICAL AQUIFER RECHARGE AREAS (CARA) 3030 3031 Sections Defined 3032 15 27 800 Purpose and Intent 3033 15.27 801 Mapping 3034 15 27 802 Protection Approach 3035 3036 15.27 800 Purpose and Intent 3037 1) The Growth Management Act (RCW 36 70A) requires local junsdictions to protect areas 3038 with a critical recharging effect on aquifers used for potable water, or areas where a 3039 dnnking aquifers are vulnerable to contamination These areas are referred to as Critical 3040 Aquifer Recharge Areas (CARA) in this section 3041 2) Potable water is an essential life sustaining element and much of the City of Yakima s 3042 dnnking water comes from groundwater supplies Once groundwater is contaminated it 3043 can be difficult and costly to clean In some cases, the quality of groundwater in an 3044 aquifer is inextricably linked to its recharge area. 3045 3) The intent of this section is to 3046 a. Preserve, protect, and conserve the City of Yakima's CARA from contamination 3047 b Establish a protection approach that emphasizes the use of existing laws and 3048 regulations while minimizing the use of new regulations 3049 4) It is not the intent of this ordinance to 3050 a. Regulate everyday activities (including the use of potentially hazardous 3051 substances that are used in accordance with State and Federal regulations and 3052 label specifications), 3053 b Enforce or prevent illegal activities 3054 c Regulate land uses that use or store small volumes of hazardous substances 3055 (including in -field agncultural chemical storage facilities, which do not require 3056 permits, or are already covered under existing state, federal or county review 3057 processes and have detailed permit review), 3058 d. Establish additional review for septic systems, which are covered under existing 3059 City of Yakima review processes, 3060 e Establish additional review for stormwater control, which is covered under 3061 existing review processes and has detailed permit review, or; 3062 f Require review for uses that do not need building permits and /or zoning review 3063 The above items are deemed to have small nsks of CARA contamination or are beyond 3064 the development review system's ability to control 3065 3066 15.27.801 Mapping 3067 1) Mapping Methodology — The CARA is depicted in the map titled 'Critical Aquifer 3068 Recharge Areas of the City of Yakima located within the City s 2006 Comprehensive 3069 Plan The CARA map was developed through a geographic information system (GIS) 3070 analysis using the methodology outlined in the Washington Department of Ecology 3071 Guidance Document for the Establishment of Critical Aquifer Recharge Area 3072 Ordinances (Publication 497 -30) The approximate location and extent of cntical aquifer ��, 200k 73 Citr of N akima 15.27 CAO recharge areas are depicted on the above - mentioned map, and are to be used solely as a 1074 guide for the City The CARA map estimates areas of moderate, high, and extreme 3075 susceptibility of contamination, as well as wellhead protection areas In characterizing 3076 the hydrogeologic susceptibility of these recharge areas with regard to contamination the 3077 following physical characteristics were utilized 3078 a) Depth to ground water 3079 b) Soil (texture, permeability, and contaminant attenuation properties), 3080 c) Geologic matenal permeability; 3081 d) Recharge (amount of water applied to the land surface, including precipitation and 3082 imgation) 3083 3084 2) Wellhead Protection Areas - The CARA map includes those Wellhead Protection Areas 3085 for which the City of Yakima has maps Wellhead Protection Areas are required for all 3086 Class A public water systems in the State of Washington The determination of a 3087 wellhead protection area is based upon the time of travel of a water particle from its 3088 source to the well Water purveyors collect site - specific information to determine the 3089 susceptibility of the water source to surface sources of contamination Water sources are 3090 ranked by the Washington State Department of Health with a high, moderate or low 3091 susceptibility to surface contamination. Wellhead protection areas are defined by the 3092 boundanes of the ten (10) year time of ground water travel, in accordance with WAC 3093 246 -290 -135 For purposes of this chapter all wellhead protection areas shall be 9.94 considered highly susceptible 11/5 1 J096 15.27.802 Protection Approach 3097 1) Maps shall be used only as an informational resource to communicate with applicants 3098 regarding potential problems in meeting the applicable laws on a particular site The 3099 maps indicate that areas of high susceptibility tend to be located in valley bottoms and 3100 follow along floodplain and stream comdors Extreme susceptibility locations are located 3101 largely within floodplams, and along streams and wetlands 3102 2) Land uses are subject to many existing, federal state, local, or tribal laws regarding the 3103 handling of substances that may contaminate CARAs. Disclosure, educational 3104 information, and coordination of existing laws during existing review processes can 3105 accomplish the requirement to protect the CARA Consequently, the City of Yakima s 3106 protection of the CARA shall be accomplished through normal project permit review 3107 under vanous Yakima Municipal Codes, especially the stream protection standards in 3108 Part Five Fish and Wildlife Habitat and the Stream Corridor System, including § 3109 15 27 508 Prohibited Uses, Title 11 Building Code, which provides detailed construction, 3110 use and fire /life- safety standards for the storage and handling of dangerous and 3111 hazardous substances to a greater extent than most existing state and federal laws 3112 3) The Administrative Official shall develop and maintain a list of the relevant laws noted 3113 above This list shall be informational and is intended to be used in coordination with 3114 development permit review This list shall be periodically reviewed and updated so as to 3115 provide the most comprehensive list possible to inform project applicants of the 3116 requirements of other agencies I4/ /2(MS 74 City of Yakima 15.27 CAO 3117 4) The Administrative Official shall also develop and maintain a table of land uses with the 3118 potential of being subject to the relevant laws noted above The table shall be generated 3119 and maintained using the intent stated in § 15.27 800(4) Purpose and Intent 3120 5) The Building Official and Water /Imgation Manager shall cooperatively develop 3121 questionnaires, to be filled out by new development permit applicants, which 3122 comprehensively establish the potential use, storage, and handling methods within the 3123 project for substances that have the potential to contaminate groundwater The 3124 questionnaires are intended to ensure full application of existing building and 3125 construction codes related to such substances in order to forestall new regulations. 3126 6) The Building Official and Water /Irrigation Manager shall develop technical assistance 3127 and information matenals to assist landowners and developers with understanding and 3128 meeting relevant existing federal, state. and local laws relating to CARAs. 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 2 .14 2UO 75 City of Yakima 15.27 CAO D3 j164 CITY OF YAKIMA 3165 CRITICAL AREAS ORDINANCE 3166 Appendix A 3167 Designated Type 2 Stream Corridors 3168 The following stream reaches within Yakima County are designated critical areas under the City 3169 of Yakima s Critical Areas Ordinance 3170 1 BACHELOR CREEK From source at Ahtanum Creek (SEC13- 3171 TWP12N -RGE16 EWM) downstream to its 3172 mouth at Ahtanum Creek (SEC1- TWPI2N- 3173 RGE18E) 3174 3175 3 COTTONWOOD CANYON CREEK. From the south line of SEC32- TWP13N- 3176 RGE17E, downstream to mouth at Wide 3177 Hollow Creek (SEC36- TWP13N- RGE17E) 3178 3179 6 HATTON CREEK From its source at Ahtanum Creek (SEC18- 3180 TWP12N- RGE17) downstream to its 3181 confluence with Ahtanum Creek (SEC18- 3182 TWP12N- RGE18E) 3183 1 184 8 WIDE HOLLOW CREEK From the east line of the SW 1/4 of the )35 NW1 /4 (SEC28- TWP13N- RGE17E) 186 downstream to the mouth at the Yakima 3187 Riper 3188 3189 1- 4 - 20us 76 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting of February 19, 2008 ITEM TITLE: Closed Record Public Hearing and consideration of legislation to approve updated Urban, Area Critical Areas Ordinance for the City of Yakima. • SUBMITTED BY: William R. Cook, Director Community & Economic Development CONTACT PERSON/TELEPHONE: Jeff Peters, Assistant Planner - 575 -6163 SUMMARY EXPLANATION: • The Growth Management Act requires the adoption and update of development regulations that protect critical areas designated in accordance with RCW 36.70A.170. Critical areas include: wetlands; areas with a critical recharging effect on aquifers used for potable water; frequently flooded areas; geologically hazardous areas; and fish and wildlife habitat conservation areas. On September 12, 2007, following review and completion of the Yakima County Planning .Commission's proposed draft CAO, the City of Yakima initiated review of the proposed document, holding its first Yakima Urban Area Regional Planning Commission workshop on the proposed document. During the fall and winter of 2007, the RPC continued to hold televised open public workshops on the CAO on a near - weekly basis. -Continued on second page - Resolution — Ordinance Contract Other (Specify) Regional Planning Commission's Conclusions and Recommendation, Staff Report Contract Mail to (name and address) Phone: Funding Source APPROVAL FOR SUBMITTAL: Ci ana • er STAFF RECOMMENDATION: Accept the Regional Planning Commission's recommendation and enact legislation with any amendments deemed appropriate. BOARD RECOMMENDATION: The Regional Planning Commission recommended approval of this Critical Area Update on January 23, 2008. COUNCIL ACTION: -Page- 2 Environmental Review of the proposed draft document rendered a preliminary determination of non - significance and notice of incorporation by reference of existing environmental documents on November 26, 2007, and a final determination was issued on January 31, 2008. On January 23, 2008 the Yakima Regional Planning Commission held an open record public hearing concerning the proposed amendments to the CAO and following testimony of three separate members of the public unanimously recommended approval subject to conditions requested by the public and directed staff to prepare the appropriate legislation. On January 30, 2008, the RPC convened where the conclusions, findings of fact and recommendation were read into the record and signed by John Hodkinson, Chairmen of the RPC.