HomeMy WebLinkAbout02/19/2008 06 Urban Area Critical Areas Ordinance - Public Hearing • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. cD
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:
City Manager
STAFF RECOMMENDATION: Accept the Regional Planning Commission's re commendation
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:
•
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-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.
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Comparison of the City of Yakima's and
•
Yakima County's
Minimum Wetland Buffers Past and Present
ALL BUFFERS EN THE BELOW TABLE ARE MEASURED IN LINEAL FEET •
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rh r. t; t <.k,�" ..Lo - ... ';' *� ..__. .e ...a{ ,1',�n.t�,# � ..�..•,t�.�`:.
The buffers in this column are based upon the Low Intensity Land Use definition § 15.27.236 within Ch. 15.27 of the City of Yakima Urban Area Zoning
Ordinance, and have been further reduced by 50% as allowed under § 15.27.412 (A).
• ORDINANCE NO. 2008 -
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
(is) ord./
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 11/
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.
11111
(ls) oid/
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• 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. Severability /Validity. 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 day of
,2008. _
ATTEST: David Edler, Mayor
City Clerk
Publication Date:
Effective Date:
•
(ls)ord/
•
Exhibit A
(Previously distributed)
City of Yakima
2007 Critical Areas Ordinance Update
(CAO)
Exhibit List
Exhibit B -
City of Yakima 15.27 CAO
• 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
0 J78
39
40
41
42
43
44
45
46
47
48
49
50
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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 Authority
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 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."
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 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
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
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City of Yakima 15.27 CAO
0 97 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
1 16 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;
A l b) Result in an unconstitutional regulatory taking of private property;
19 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
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.
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
0 41 recreational nature) that do not alter the environment or require a
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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 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
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. Critical Areas Ordinance adopted 1998;
154 ii. 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 restrictive 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 Critical Areas -- Designation and Protection -- Best Available Science
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
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 written 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
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187 15.27.170 Severability
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City of Yakima 15.27 CAO
88 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.
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2/ 14/2008 6
City of Yakima 15.27 CAO
191 Chapter 15.27 11111
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 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
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
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 •
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City of Yakima 15.27 CAO
• 36 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)
. 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
257 15.27.213 Bedrock
0 58 "Bedrock" means the solid rock underlying unconsolidated surface materials.
59
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.
4080
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282 15.27.218 Bulkhead III •
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 material 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 categories to which critical 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 material 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 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.
325
326 15.27.228 Designated •
327 "Designated" means formal legislative action to identify and describe a critical area.
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028
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,
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
40 49 boats and other marine transport, fishing, swimming, and other recreational uses.
50
51 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.
. 72
73
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374 15.27.237 Erosion •
375 "Erosion" means the wearing away of the earth's surface as a result of the movement of wind,
376 water, or ice.
377
378 15.27.238 Excavation
379 "Excavation" means the mechanical removal of earth material.
380
381 15.27.239 Fill
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
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 written 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 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
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 " 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
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.
414
415 15.27.245 Flood -prone
416 "Flood- prone" means a land area for which a floodway and floodplain 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
110
419 materials such as flood studies, topographic surveys, photographic evidence or other data.
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•
•20
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
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.
42
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 - 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
0 64 properties found in § 15.27.504.
65
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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 riparian 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 river 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 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
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
1111
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•11 "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
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 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
33 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
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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,
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 experience, training, expertise, and related work
574 experience appropriate for the relevant critical 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 experience 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 horizontal projection;
583 (3) Designed to be self - propelled or permanently towable by a light -duty truck; and,
584 (4) Designed primarily for temporary living quarters used during 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 critical 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
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• 1 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,
0,
622 levies, riprap, breakwaters, jetties, groins, weirs, and other structures along the shore, for the
?3 purpose of controlling stream undercutting, stream erosion or lake shore erosion.
24
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
0 45 permanent construction of a structure on a site, such as the pouring of slabs or footings or land
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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 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
657 15.27.293 Stream Corridor
658 "Stream corridor," 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 administering 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 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.
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
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City of Yakima 15.27 CAO
•92 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
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
14 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.
III
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City of Yakima 15.27 CAO
727 CHAPTER 15.27 •
728 PART THREE
729 APPLICATION AND REVIEW PROCEDURES
730 Sections Defined:
731 5 pr u k t rs 3x �� .
�;. � . General Provisions r � � Y
732 15.27.300 _ Critical Area Development Authorization Required
733 — - - A F F `�'$k+;." �.. ; ilir t -- r -- -- c ... "... 7. ' kj Y°' 3 " ''u,..a � ?. -q i .. iµ , cx�r�,Eg�z -� .,
. � :.. � r, ^� .I nquiry and Ea ,, ,fats
4
�ry � �� �i:d,
734 15.27.301 Critical Area Identification Form and Critical Areas Report Requirements
735 15.27.302 Pre - application Conference
736 A, � t - ^ r j� Abbrevvated IRe�Iew:A1ternatives �� °ti g r
LL.
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 Critical Areas, Wetlands
740 15.27.306 Documented Exemptions for Geologically Hazardous Areas Development
741 Authorizations
742 15.27.307 Mitigation requirements
3 r*a , +' '' r � ° R- "R��i: --'-i' `�' .''' `rs' �" s� '- t ia'�T "'f'F� 'x" `; .��''i `Y' 4y
743 r� EftTIT .� s ~� ��f, ; , -° ; , Review ProCess N �'' ��A '' a ,; - �,
.,c --z .�r"+ "e,'? t .�.+t... � ... k.
744 15.27.308 Application Submittal
745 15.27.309 Determination of Review Process
746 15.27.310 Development Authorization - Review Procedure
747 15.27.311 Authorization Decisions - Basis for Action
748 15.27.312 Conditional Approval of Development Authorization •
749 15.27.313 Fees and Charges
•
e x..at„ "�y 'i .+.9. ,� "' ,.{! } - z .u x Lam s•> Y x
75 �� � � � Crihca1 A reas Reports t r
+.a , 7 �. �`�� ' � ., m�� ,..�. r;? ;��� .:.u � �.. ��a' {f� ;fi 6
751 15.27.314 Critical Areas Report Requirements
752 15.27.315 Supplemental Report Requirements for Specific Critical Areas
753 " ue 'Pe-iv Re_ vie Criteria : � s ='
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 Critical Areas Protective Measures
•
2/14/2008 19
City of Yakima 15.27 CAO
•60
761 M ��`- �-� .+�'a�^ - cry r a .„„ °' '� � 'x,� t�`. ^��} .vr"a��. s � s�+-^x �, ^r�����'^r"w�^ m e K�'�'
�'''_a � �.; ` �; , ' ;. G"Cneralr'PrOVis10IIS "'' " � � E, rx *:r :;. ''"1
762 15.27.300 Critical Area Development Authorization Required
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
0 781 critical area and the project is subject to another local, state or federal development permit or
87 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 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
801 compliance with the city's critical area ordinance.
802
803
4110 .
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2/14/2008 20
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 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
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
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 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
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
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
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;
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 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
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
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 •
2/14/2008 21
City of Yakima 15.27 CAO
Ilk Any new development 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 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 peiiiit or authorization;
863 (4) Provide the proponent with resources and technical assistance (such as maps, scientific
864 infonnation, other source materials, etc.); and
865 (5) Determine whether there is a need for a preliminary site assessment.
866
867
868
869 fi AbbreviatedReviewyAlternahves r; x*` 0. r '
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)):
07 2 a) Maintenance of existing, lawfully established areas of crop vegetation, landscaping,
3 paths, and trails or gardens within a regulated critical area or its buffer. Examples
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 clearing. Examples include painting, trim 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 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;
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.
095
96
2/14/2008 22
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 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,
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 critical
915 areas.
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. •
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),
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 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
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 Critical 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 Peiniit
940 requirements of "Part Four" Flood Hazard Areas.
941 •
2/14/2008 23
•
City of Yakima 15.27 CAO
fa 42 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
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
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
A 63 exemption of (b) & (c) below.
64 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 - 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 I 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
0 86 exemption. Submittal requirements may be waived until after the emergency is
2/14/2008 24
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 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
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);
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 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
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
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;14/2008 25
City of Yakima 15.27 CAO
00 33 (1) Ail mitigation shall be sufficient to maintain the functions and values of the critical area.
34 (2) A111 development shall demonstrate that reasonable efforts have been examined to avoid and
1035 mi nimize 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 i (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 restoring the affected
1043 I 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 (0 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
1051 State Department of Ecology Wetland Mitigation in Washington State, Parts 1 and 2
1052 (March 2006 or as updated).
1053 (5) i Mitigation shall be in -kind and on -site, whenever possible, and may be out -of -kind and /or
00
054 j off -site when deemed appropriate by the Administrative Official or designee.
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56 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 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
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
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 I this chapter.
77 b) I Specific information of permit type, review and process can be found in
78 j subsequent sections of Part Three of this chapter. However, a description of each
2/14/2008 26
•
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
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
§ §: 15.27.305 - 306 and 15.27.403.
�y'�. -�. �'�1�'�T+"" -� x ` i 3'� t ` a} �' f �" 4 ��..�, i � �^ �.F S��c�,s�- � � .�. � tc ?. � .^ t ?�p��'' x'�a„t �'� � �"X +.t � �.,s,%� �''{'�S"�st.`�`..�.�"fi,"i5r `a "" '`�`
, . ,h .. r a P r �a fi � . N.; Specific Perm t. ^." ntris ,,, ;� r ` u p. An " `
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 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
1084 15.27.310 Development Authorization — Review Procedure
1085 Upon submittal and acceptance of a completed development authorization 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 authorizations 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 authorizations shall be reviewed in conformance with the applicable
1101 development standards of §15.27.321 and with Parts Five — Eight.
II/
1102
2/14/2008 27
City of Yakima 15.27 CAO
03 (3) Decisions on a development authorization shall be consistent with §§ 15.27.31 1
104 Authorization Decision — Basis for Action, 15.27.312 Conditional Approval of
1105 Development Authorizations, and with any specific decision criteria provided under the
1 106 section for each relevant permit type, as provided in §§ 15.27.316 - 321 (Permit Review
1107 Criteria).
1108
1109 15.27.311 Authorization Decisions — Basis for Action
1110 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
1119 following actions:
1120 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.
124 (8) The decision by the Administrative Official or designee shall include written findings
25 and conclusions.
126
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;
1131 (2) Eliininate or mitigate any identified negative impacts of the project;
1132 (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 3 t I" x�, ¢'�Y �3
.....i . 4 i , Zi � Crihca14i14 Rep =ortstt i. r h b : E -A V
. .
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.
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
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
0 47 the proposed activity.
48 (3) The critical area report shall:
2/14/2008 28
City of Yakima 15.27 CAO
1149 a) Demonstrate the proposal is consistent with the purposes and standards of this •
1150 chapter;
1 151 b) Describe all potential risks to critical areas, and assess impacts on the critical area
1152 from the activities and uses proposed; and,
1 153 c) Identify mitigation and protective measures.
1154 (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
1157 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.
1160 (6) Critical areas reports shall be valid for a period 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
1163 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 critical
1167 areas report when it can be demonstrated that the assessment is inaccurate, incomplete or
1168 does not fully address the critical areas impacts involved.
1 169 (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 •
117.1 means of a GPS projected coordinate system data set, such as, NAD 27 or NAD 83. The
1172 City may waive this requirement for single - 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
1180 adjacent to geologically hazardous areas or areas subject to high floodwater depth or
1 181 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
1184 development to critical areas, public and private 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 describing mitigation
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
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
1192 documentation of analysis methods including any fieldwork performed on the site;
1193 and •
•
2/14/2008 29
City of Yakima 15.27 CAO
94 t) Additional reasonable information requested by the Administrative Official or
195 designee.
1 196 (11) A critical area report may be supplemented by or composed, in whole or in part, of any
1197 reports or studies required by other laws and regulations or previously prepared for and
1198 applicable to the development proposal site.
1199 (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 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.
1214 b) A review of the best available science supporting the proposed mitigation;
40 15 c) A description of the report and the author's experience to date in restoring or creating the
16 type of critical area report proposed; and,
17 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 '
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
41 38 iv.Monitoring for a period necessary to establish that performance standards have been
39 met, but not for a period less than five (5) years;
2/14/2008 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 monitoring 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 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
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;
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
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 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
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 corridor 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.
2/14/2008 31
City of Yakima 15.27 CAO
6 2) Wetlands When a critical areas report is required for Wetlands, it shall include the
287 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 Identification and Delineation Manual (Ecology Publication
1291 #96 -94) as required by RCW 36.70A.175 and the Washington 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 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.
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 §
0 0 0 7 15.27.603(1) Wetland Functions and Rating, and § 15.27.504 Functional Properties;
8 ii. Mitigation sequencing, pursuant to § 15.27.307 Mitigation Requirements to avoid,
09 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;
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
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
. 30 stability is impacted by stream meandering or other forces acting on the toe of
31 the slope;
2/14/2008 32
City of Yakima 15.27 CAO
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
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
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
1340 would result for the one - hundred -year flood frequency if the project were
1341 implemented.
1342
1343
1344 :: - .. '. ; = ;f ... � �Permit eri "a iY+�� likOM0
4 7+ rY7�� - { ; d" . r. ;v,� s ., �Y 4� ±7'(.r �Sr��" " w 1Y. `i
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 criteria found in § 15.27.311 Authorization 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 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.
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
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
1376 criteria below. •
2/14/2008 33
•
City of Yakima 15.27 CAO
' 7 a) A particular standard may be reduced or modified as long as the Administrative
7 Official determines that the adjustment and /or reduction:
1379 i. is consistent with the purpose of this chapter,
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:
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
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
A 9 0 8 quantity and variety of native vegetation;
9 (iii) Provisions for erosion control and the reduction and filtration of
400 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 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.
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
. 21 wetland or stream function due to the decrease in buffer size.
22
2/14/2008 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 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
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 the criteria below.
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;
1437 ii. No other reasonable use of the property has less impact on the critical area;
1438 iii. 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 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.
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
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
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 authorized under this subsection shall not exceed height, .
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;
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.
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 criteria found in § 15.27.311 Authorization Decisions — Basis for Action.
1467 •
1468 15.27.320 Non - Conforming Uses and Facilities
2/14/2008 35
City of Yakima 15.27 CAO
04 69 Non- Conforming Uses and Facilities are classified as either Conforming Uses with Non -
70 Conforming 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
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 monitoring.
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 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
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
91 designee determines that the standards bonded for have been met. Financial
492 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 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:
0 13 i. Roads and utilities for the subdivision shall avoid critical areas and their
14 buffers, as much as possible;
2/14/200S 36
City of Yakima 15.27 CAO
1515 ii. When Geologically Hazardous Areas (excluding Erosion, Over steepened 111
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 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
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 critical areas.
1528 iii. 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 lies outside said critical areas;
1534 vi. Degraded vegetative buffers shall be restored, or provided with protection
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. •
1538 viii. 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.
•
2/14/200S 37
City of Yakima 15.27 CAO
43 CHAPTER 15.27
544 PART FOUR
1545 FLOOD HAZARD AREAS
1546
1547
1548 Sections Defined:
1549 f " = HAZARD AAREAS'' GENE PROVISIONSs `
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 1527.404 Interpretations
1555 15.27.405 Compliance
1556 15.27 406 Warning and Disclaimer of Liability
1557 r , � -��- � z ,� -.,.. - ,�- .�...��
2 .
FLOOD HAZARD' PROTECTION S ANDARDS A z w,
1558 15.27.407 General Standards
1559 15.27.408 Specific Standards
1560 F {'.��me FLOODWAY'FRINGGE¢SE
US `' k z .x , , ' -� 'ry° ;�
c...�.. .,,,......a:.,c ... .. , ....... ,. ..., >, � . r, a?�"sF �u „�.�a,...�.�';x�.,Y-a ...:,;�a,'��.��i.' �.� .,�,;, �.f''�
1561 15.27.409 Floodway Fringe Permitted Uses
1562 15.27.410 Floodway Fringe Prohibited Uses
1563 ''. ` , C'a ,M' `4 t ie NS v ^” . E R ° x Y3 x , 1a. R &o' N�unS , rf { °n,
�. r , ., _�...�.�s� -w�� Ki FLOODWAY USES � �� �=�� ,� �� .�.. -�� �- :.���:� a 5
46 15.27.411 Floodway Permitted Uses
65 15.27.412 . Floodway Prohibited Uses
66 15.27.413 Floodway Non Conforming Uses and Facilities
1567 :ff .` `. FLOOD HA _ZARDPROTECTION;ADMI MISTRATIO,,N: , , ' r R'3.71
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 Permit — Expiration & Cancellation
1576 15.27.422 Performance bonds
1577 15.27.423 Appeals
1578 15.27.424 Coordination
1579 - ELEVATION AND FLOODPROOFINGFCERTIFICATION; ` ige , ; l
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
k _
1584 - �- m "
:, a r t,7, . ..FLOOD w .. ' o A I1W-- yam., . . *
1585 15.27.429 Procedure
1586 15.27.430 Variance limitations
0 87 15.27.431 Conditions for Authorization
88 15.27.432 Administrative Official's Decision
2/14/2008 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 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.
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. Approval 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
2/14/2008 39
City of Yakima 15.27 CAO
•
06 35 15.27.403 Documented Exemptions
36 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 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
0 6 656 (i.e., conflict between a mapped boundary and actual field conditions), the person contesting the
57 location of the boundary shall be given a reasonable opportunity to appeal the interpretation.
58 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 tenns 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
III
2/14/2008 40
City of Yakima 15.27 CAO
1672 FLOOD HAZARD PROTECTION STANDARDS •
167.3
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 -rise construction methods will not
1688 impede the movement of floodwater or displace a significant volume of water.
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
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 during 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 riverine situations, the department shall notify adjacent communities, the
1710 Depaitinent of Ecology and FEMA of the proposed development.
1711
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:
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
2/14/2008 41
City of Yakima 15.27 CAO
0 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 exterior
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:
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 (ii) The bottom of all openings shall be no higher than one (1) foot above grade.
1728 (iii) Openings may 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
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
40 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 security devices, and have no
1758 permanently attached additions; or
1759 3) Meet the anchoring requirements of 15.27.408 (3) above.
060
61
2/14/2008 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 district 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 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
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) 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
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 materials 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 materials. 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 •
2/14/2008 43
•
City of Yakima 15.27 CAO
15.27.411 Permitted Uses Permitted uses include any use permitted in the zoning district in
4
08 accordance with Title 15 of this code, provided that said use is in compliance with the flood
1809 hazard protection standards of §5 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 §. 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 during 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:
0 28 . (A) All utility transmission lines shall cross floodways by the most direct route feasible
29 as opposed to paralleling floodways;
30 (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.
0 51 (E). Aboveground utility transmission lines, not including electric transmission lines,
52 shall only be allowed for the transportation of non - hazardous materials where an existing or new
2/14/2008 44
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,
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
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.
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 §
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;
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
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 bridges, 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 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,
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; •
2/14/2005 45
City of Yakima 15.27 CAO
(3) Aboveground utility transmission line appurtenant structures, including valves, pumping
11
9 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
0 2 19 level periods; .
0 (7) The following uses, due to their high degree of incompatibility with the purpose of
1 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;
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);
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 restricted 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 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
III
2/14/2008 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 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.
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 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
1956 development authorization as set forth in Part Three.
1957 15.27.417 Permit — Application All persons applying for a flood hazard permit shall
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;
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 clarify 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 prior approval is required.
1983
•
2/14/2008 47
City of Yakima 15.27 CAO
09 4 15.27.419 Use of Available Data When base flood elevation data has not been provided in
85 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 j 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 authorized 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
06 City in an amount equal to that which would be required in the surety bond.
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 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
III
2n4 /2005 48
City of Yakima 15.27 CAO
2027 15.27.427 Information to be obtained and maintained The elevation and •
2028 floodproofing certificate shall verify 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 improved 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 prior 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 writing to the planning department
2054 on the forms they supply. Upon receipt of a completed application and application fee for the
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
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
2070 prohibitions of Part Four.
2071 •
2/14/2008 49
City of Yakima 15.27 CAO
0 72 15.27.431 Conditions for Authorization Before a variance to the provisions of Part
07 3 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,
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
0 0 "093 decision is based.
94
95 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
11111
2 R4 /20us 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:
` x'57 °" .! z`t- r q R7 r s* f r x r APT L Z 'M
2l 14 a y,;� ,� _ Introduction" ha r "� �A q t
@ 6 � � ..�.....:...r.— s..r+s,'sF ' fir . � t,. .t � . gr�
2115. 15.27.500 Purpose and Intent
2116 15.27.501 Protection Approach
w. +9''me a^`- ,:'�e. ms's M "_" 3 `� --aa€� "�`.- '°.e'�or "'� ,-`' -�," z '�"' N
21 17 K r -�, - t, � � �,� i, Designation and Ma pinQ"�y'a ,� , h a f
�b:adikgr� ^`a.s�ur.�^vy -3� „�xr �' -"4. t�� b � - - I'Yu.�ba.,,.,m���,...� �'.�:�-�"�`�`A�`k`�Y'rs�Xs�
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
2121 15.27.505 Stream, Lake, and Pond Typing System
2122 15.27.506 Wetland Rating System
2123 15.27.507 Maps
- .�- .�, -�"�; ��F�,"'�'�'"ra^''�""�"x� �� r �'�+�"�'p_°'�. .�'i"f'.c. - .. r a �+' w'.aa-�r'�.v�'�` �'�,�"'h
2124 k E �y S i - Generalf;Delelo mentaStandards ' �`M A" �';
n
",f a �.a'... ���w.,� "�' ��k:'m�'�, -.- �. � ,... C __ .. r �.s: J n> ` °. hs - r . E'7'� �,, �'x�
2125 15.27.508 Prohibited Uses
2126 15.27.509 General Policies and Standards
2127 „ , Water Dependency>Deye pment Standards and Re uuements IL
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 Oriented Uses •
2132 15.27.514 Vegetative Buffers
2133 A »� �6 : 'd fi i f 'RFR y..l.v' i . 3C.., y1 {'#1' F_.W . �.iQ... •. d'+ �'S'. -
d 4 �E L:and Modification; Development `Standards ,,, �,_ . -,,
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 15.27.519 Filling
2139 15.27.520 Commercial Mining of Gravels
2140 15.27.521 Reclamation
•
2/14 /2008 51
City of Yakima 15.27 CAO
4
2 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
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 corridor from the potential negative effects of
2160 development;
2161 (8) Through voluntary agreements or government incentives, provide protection of
06 ,,2 natural wetland functions and values.
3 (9) Recognize wildlife areas conservation habitats within their natural geographic
4 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
s -0.7,i1'� �- a' gieitg WV,: , Designa ?`t, ft i� A � F` a "
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
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;
0 85 (2) Perennial and intermittent streams, excluding ephemeral streams. including the stream
86 main channel and all secondary channels within the ordinary high water mark;
2/14/2008 52
City of Yakima 15.27 CAO
2187 (3) Naturally occurring ponds under twenty (20) acres and associated submerged aquatic IP
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 tern.
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 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;
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:
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 i. 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 ii. Areas of high relative density or species richness, breeding habitat, winter
2229 range, and movement corridors;
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.
2/14/2008 53
City of Yakima 15.27 CAO
0 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 stormwater runoff;
254 d) Filtering solids, nutrients and harmful substances;
55 e) Surface erosion prevention;
256 f) Providing and maintaining migratory corridors 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;
2/14/2008 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 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. •
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
2311 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 •
2/14/2008 55
City of Yakima 15.27 CAO
24 occur near streams. The functional properties for wetlands are identified in §§ 15.27.504, and
325 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
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
4117 5 d) Species and Habitats of Local Importance — Note: This map will be generated at
6 such a time when the City of Yakima formally adopts a specie or habitat of local
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 "'��. +�,:.*"°TSy�:��, �- t ux a°`� . ,"r� 5 Vic. �. "�?s�w .i°."',� �,
.g: a , ,t.>�,. * wq _x �� ,,.. General De ielopment'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
0 68 facilities. Note: This provision does not include Regional. Wastewater plant facilities,
2/14/2008 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 corridor;
2374 (9) Uses located within the floodway fringe that are listed in § 1 5.27.410; 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 corridor shall only be disturbed to the minimum extent
2385 possible.
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
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 Stormwater 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 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,
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
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 nutrients, fecal coliform, toxins, and other
2411 biochemical substances.
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.
2/14/2008 57
City of Yakima 15.27 CAO
15 (8) Facilities which use fertilizers, pesticides, or herbicides shall use landscaping, low -risk
416 products, application schedules, and other protective methodology to minimize the
2417 surface and subsurface transfer of biochemical materials into the stream corridor.
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 corridor 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 (11) 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 relatedcritical 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.
0 4 436 (16) Nothing in these regulations shall constitute authority of any person to trespass or in any
37 way infringe upon the rights of private ownership.
38 (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
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
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 " o ^^r� WaterDependency Development Standar0 " BuffeeReyuirements .`a `;;
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,
0 59 fishing sites, in -water or on -land shore stabilization structures, livestock watering sites, and
60 other uses that cannot exist in any other location and are dependent on the water by reason of
2/14/200S 58
City of Yakima 15.27 CAO
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.
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 - oriented 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. •
2/14/2008 59
City of Yakima 15.27 CAO
0 0 )6 Buffer width may be reduced through an adjustment permit process (5 15.27.317). However, the
7 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 critical area.
2519 a. If the vegetation is degraded, then re- vegetation maybe 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
27 met with a smaller buffer.***
8 .
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 507(25')
ponds
Type 4 streams (Intermittent), lakes and 257(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,
stormwater; 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 buffer 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' 100'150' 50'/25'
2/14/2008 60
City of Yakima 15.27 CAO
2536 •
1 ;"'S'•^Y„p�`' °.w-f; fi�r.5 �'' S r 4 - '' :"'i'`�° r - m±m°' �" s 4'�Y r°.i£.77.,," �'k` �"v 5 r"'.i'TP �'F irrTo 4
xfor` yy iky,
r.
2537 , i ` � R `,, _ ,4 and lylodi
L ficahone- Dv„ r glopment St andards_ ; 4
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 corridor or where existing development, topography, and other
2543 conditions preclude locations outside the stream corridor.
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 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. •
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 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
2570 construction methods when the road is possibly subject to floodwater damage.
2571 (11) Roads and bridges within floodways must meet the requirements of § 15.27.411(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 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
2579 necessary to cross the corridor or where development, topography, and other conditions preclude
2580 locations outside the stream corridor. •
2/14/2008 61
City of Yakima 15.27 CAO
1 a) Utility transmission lines across stream corridors shall be by the most direct route
•
582 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 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).
02 (9) Utility transmission lines within the Floodway Fringe shall meet the standards of
03 15.27.409(2).
11111 (10) Utility transmission lines within the Floodway shall meet the standards of 5
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
25 over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization.
26 While riprap, rock or other natural materials shall be preferred over concrete revetments,
2/14/2008
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 15.27.411(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, riprap,
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) Entries 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 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
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
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 -rise methods such as piers, posts, columns, or other methods.
2114/2008 63
City of Yakima 15.27 CAO
3 (4) Fill in floodplains shall meet the requirements of § Part Four Flood Hazard Areas.
674 (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.
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;
0 9 ) 4 (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;
96 (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
0 17 The following guidelines shall apply to the reclamation of disturbed sites resulting from
18 development activities with a designated hydrologically related critical area:
2/14/2008 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 corridor 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
City of Yakima 15.27 CAO
9 CHAPTER 15.27
_740 PART SIX
2741 WETLANDS
2742.
2743 Sections Defined:
2744 15.27.600 Purpose and Intent
2745 15.27.601 Designating and Mapping
2 746 15.2 7.602 Protection Approach
2747 15.27.603 Wetland Functions and Rating
2748 1 5.27.604 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.
'760 2) The approximate location and extent of wetlands are shown on maps maintained by The
W 61 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 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-
83 06 -15 which are summarized below:
2/14/2008 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 I:
2789 i.Wetlands scoring 70 points or more (out of 100) in the Eastern Washington
2790 Wetland Rating System (EWWRS);
2791 ii. Alkali wetlands;
2792 iii. Natural heritage wetlands (wetlands identified by Washington Department of
2793 Natural Resources Natural Heritage Program scientists); and
2794 iv. Bogs.
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
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
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
2804 ii. Associated vernal pools.
2805 d) Category IV wetlands have the lowest levels of functions, scoring 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 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
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 for Developing Wetland Mitigation Plans and
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 -
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- § 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).
2R 4/2008 67
City of Yakima 15.27 CAO
0
31 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 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 terms 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.
•
II/
2/14/2008 68
City of Yakima 15.27 CAO
2845 CHAPTER 15.27 11111
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 15.27.702 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 i. over steepened slopes;
2881 ii. alluvial fan/flash flooding;
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
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,
2/14/2008 69
City of Yakima 15.27 CAO
It 0 . Washington, Part of Yakima County ". The analysis utilized the general soil map unit
1 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
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):
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.
11 ii. Intermediate Risk areas (0S2) are defined as: Areas less likely to fail but
2 are still potentially hazardous. This category includes slopes between
13 15 %and40 %.
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: -
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.
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
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.
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
. 34 City of Yakima's Low Risk, areas are unlabeled, and combined with other low risk
5 hazards.
2/14/2008 70
City 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 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
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 jurisdiction.
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
2/14/2008 71
City of Yakima 15.27 CAO
2 15.27.703 Development Review Procedure for Geologically Hazardous Areas
983 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 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 authorized 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 Critical Areas Development Authorization under Part Three;
05 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 ii) A description and analysis of the risk associated with the measures
3010 proposed to mitigate the hazards, and
3011 iii) 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 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 permits for developments in
40 26 hazardous areas must be included in the development proposal and GeoTechnical Report.
2/14/2008 77
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 jurisdictions to protect areas
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.
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
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 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);
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 risks 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 #97 -30). The approximate location and extent of critical aquifer
2/14/200S 73
City of Yakima 15.27 CAO
recharge areas are depicted on the above- mentioned map, and are to be used solely as a
*74
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 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 .
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
6 094 considered highly susceptible.
95 .
96 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 corridors. Extreme susceptibility locations are located
3101 largely within floodplains, 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 various 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.
•
2 /14/2008 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 /Irrigation 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 materials 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
2/14/2008 75
City of Yakima 15.27 CAO
3
64 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 (SEC 13-
3171 TWP12N -RGE16 EWM) downstream to its
3172 mouth at Ahtanum Creek (SEC 1 -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-TWP I 3N-RGE17E).
3178
3179 6. HATTON CREEK: From its source at Ahtanum Creek (SEC 18-
3180 TWP12N- RGE17) downstream to its
3181 confluence with Ahtanum Creek (SEC 18-
3182 TWP12N- RGE18E).
3183
184 8. WIDE HOLLOW CREEK: From the east line of the SW 1/4 of the
5 NW1 /4 (SEC28- TWP13N- RGE17E)
86 , downstream to the mouth at the Yakima
3187 River.
3188
3189
III
2/14/2008 76
•