HomeMy WebLinkAbout03-27-13 YPC Packet1,29 Wlv�'���1110890,1
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City of Yakima Planning Commission
PUBLIC MEETING/STUDY SESSION
City Hall Council Chambers
Wednesday March 27, 2013
3:00 pm -5:00 pm
YPC Memherae
Chair Ben Shoval, Co -Chair Dave Fonfara, Ron Anderson, Al Rose,
Scott Clark, Paul Stelzer, Bill Cook
4H TlIE
City Planning Staff:
Steve Osguthorpe, Community Development Director/Planning Manager; Bruce Benson, Supervising
Planner; Jeff Peters and Joseph Calhoun, Associate Planners; Chris Wilson, Assistant Planner; and
Rosalinda Ibarra, Planning Technician
Agenda
Announcement: This meeting is a study session on the City's Master Program in
which the general public is invited to participate and comment.
I. Call to Order
II. Roll Call
III. General Audience Participation Not Associated with an Item on the Agenda
IV. (3:00 - 3:30p) Community Survey & Built Environment Overview -
Presentation by City Manager Tony O'Rourke
• Discussion & Questions
V. Staff Distribution of Shoreline Materials
VI. Shoreline Master Program Review
• Legal Requirements for Determining Shoreline Uses - memo from Steve O.
• Review of Meeting Schedule & General SMP Process Requirements
• Task#1- Complete Review of the Shoreline Use Matrix Table
• Task#2 - Review Chapter 17.01 Purpose and General Provisions
• Task#3 - Review Chapter 17.13 Administration and Enforcement
VII. Other Business
• Discussion of Changing the Meeting Venue
VIII. Adjourn to April 10, 2013
� I
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SIGN-IN SHEET
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday March 27, 2013
3:00 p.m. - 5:00 p.m.
Study Session
Page 1
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MEMORANDUM
To: Planning Commission Members
From:: Steve Osguthorpe, Community Development Director
Date: March 20, 2013
Subject: Legal Requirements for Determining Shoreline Uses
At the last Planning Commission meeting, the Staff provided recommendations on uses
suggested by individual Planning Commission members. Some suggested uses were
incorporated into the table of uses prepared by our consultant because there was obvious
consensus among Commission members on said uses, and because Staff agreed that they
were uses supportable by law. Other suggested uses were not incorporated into the Table
because it was not yet clear that there was consensus on them amongst Commission
members without further discussion, and/or because Staff could not recommend uses that
were inconsistent with the law.
Specifically, staff stated that incorporating either duplexes or mixed use buildings into
low density single family development was inconsistent with the underlying base zones.
Staff further stated that the Shoreline Master Program should be considered an overlay
zone that can establish more strict standards than the underlying zone in order to protect
the more sensitive environment the Master Program is intended to regulate. However, it
should not be used to introduce uses inconsistent with and more liberal than the
underlying zone.
In response to Staff comments, the Planning Commission Chair stated that he wanted the
staff to provide reference in the RCW's (Revised Code of Washington) to verify this
restriction rather than just provide staff's opinion. Accordingly, I have attached specific
references from the RCW's to address this request:
1. RCW 36.70A.130(d) states that " ... Any amendment of or revision to
development regulations shall be consistent with and implement the
comprehensive plan."
2. RCW 36.70A.030(7) defines "development regulations" as, " the controls placed
on development or land use activities by a county or city, including, but not
limited to ... shoreline master programs ..."
3. RCW 36.70A.280(1) states that, "The growth management hearings board shall
hear and determine only those petitions alleging [that] .... a state agency, county,
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or city planning under this chapter is not in compliance with the requirements of
this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master
programs or amendments thereto ..."
In terms of reference #1 — consistency with the comprehensive plan — it should be noted
that the Yakima Urban Area Comprehensive Plan defines the purpose of Low Density
Residential as "[p]rimarily free standing single-family residences ..." (See
Comprehensive Plan, Page III -14). Duplexes are not listed under the Low Density
Residential land use category; they are listed as a characteristic use of the Medium
Density Residential land use category. Likewise, mixed use buildings are not listed under
the Low Density Residential land use category; they are listed under High Density
Residential land use designation. Therefore, to allow under the Shoreline Master
Program duplexes and mixed use buildings in the Low Density Residential district would
create an inconsistency with the Comprehensive Plan that, if challenged, would be
appealable to the Growth Management Hearings Board.
Related to the question of allowing duplexes along the shoreline, it is significant that the
state's preference for residential uses along the shoreline is limited to single-family
residences only. The State Legislature has laid out specific policies on preferred
shoreline uses, and has stated that,
" . . . uses shall be preferred which are consistent with control of pollution and
prevention of damage to the natural environment, or are unique to or dependent
upon use of the state's shoreline. Alterations of the natural condition of the
shorelines of the state, in those limited instances when authorized, shall be given
Lirigrily for single-family residences and their appurtenant structures, ports,
shoreline recreational uses including but not limited to parks, marinas, piers, and
other improvements facilitating public access to shorelines of the state, industrial
and commercial developments which are particularly dependent on their location
on or use of the shorelines of the state and other development that will provide an
opportunity for substantial numbers of the people to enjoy the shorelines of the
state. . ." (RCW 90.58.020 — emphasis added).
But equally important is the fact that the update to the Shoreline Master Program was not
intended to be a process for quietly introducing more intense uses into underlying zoning
districts without public notice and without soliciting broad public input. This can
significantly change the character of single-family neighborhoods, and has broader
planning implications as well. If the City wishes to amend its zoning ordinance to allow
commercial or mixed use buildings in single family zones, staff suggests that this should
be a separate process advertized for that purpose. In any event, it would have to begin
with an amendment to the policies of Comprehensive Plan.
I hope this provides the information requested by the Commission. If there are further
questions on this topic, I'll be happy to address them at the next meeting. I'm also happy
to meet individually with Commission members to discuss ideas you might like to
explore and to provide whatever guidance, suggestions, or information I can offer.
Please feel free to call me at (509) 575-3533 if you would like to arrange a time to meet.
RCW 36.70A.130: Comprehensive plans — Review procedures and schedules
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FC > Tlite 30 > Ir.ngptgi 30.0 > Section..)6 70A 130
36.70A.120 << 36.70A.130 » 36.70A.1301
CCW 36.70A.130
Amend... Page 1 of 5
Comprehensive plans — Review procedures and
schedules — Amendments.
(1)(a) Each comprehensive land use plan and development regulations shall be subject to
continuing review and evaluation by the county or city that adopted them. Except as
otherwise provided, a county or city shall take legislative action to review and, if needed,
revise its comprehensive land use plan and development regulations to ensure the plan and
regulations comply with the requirements of this chapter according to the deadlines in
subsections (4) and (5) of this section.
(b) Except as otherwise provided, a county or city not planning under RCW 36.70A.040
shall take action to review and, if needed, revise its policies and development regulations
regarding critical areas and natural resource lands adopted according to this chapter to
ensure these policies and regulations comply with the requirements of this chapter according
to the deadlines in subsections (4) and (5) of this section. Legislative action means the
adoption of a resolution or ordinance following notice and a public hearing indicating at a
minimum, a finding that a review and evaluation has occurred and identifying the revisions
made, or that a revision was not needed and the reasons therefor.
(c) The review and evaluation required by this subsection shall include, but is not limited
to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an
analysis of the population allocated to a city or county from the most recent ten-year
population forecast by the office of financial management.
(d) Any amendment of or revision to a comprehensive land use plan shall conform to this
chapter. Any amendment of or revision to development regulations shall be consistent with
and impi6ih fi the compre�'�6 M6w p°t n. ......... "' ... ................� � �,,,.,, , . ....... .
(2)(a) Each county and city shall establish and broadly disseminate to the public a public
participation program consistent with RCW 36.70Av035 and 36,.70,A.1„4,0 that identifies
procedures and schedules whereby updates, proposed amendments, or revisions of the
comprehensive plan are considered by the governing body of the county or city no more
frequently than once every year, except that, until December 31, 2015, the program shall
provide for consideration of amendments of an urban growth area in accordance with RCW
36.70A.1301 once every year. "Updates” means to review and revise, if needed, according to
subsection (1) of this section, and the deadlines in subsections (4) and (5) of this section or
in accordance with the provisions of subsection (6) of this section. Amendments may be
considered more frequently than once per year under the following circumstances:
(i) The initial adoption of a subarea plan. Subarea plans adopted under this subsection (2)
(a)(i) must clarify, supplement, or implement jurisdiction -wide comprehensive plan policies,
and may only be adopted if the cumulative impacts of the proposed plan are addressed by
appropriate environmental review under chapter 4121 Q RCW;
(ii) The development of an initial subarea plan for economic development located outside
of the one hundred year floodplain in a county that has completed a state -funded pilot project
that is based on watershed characterization and local habitat assessment;
(iii) The adoption or amendment of a shoreline master program under the procedures set
forth in chapter 10.53 RCW;
(iv) The amendment of the capital facilities element of a comprehensive plan that occurs
concurrently with the adoption or amendment of a county or city budget; or
http://apps.leg.wa.gov/rcw/default.aspx?cite=36.70A.130 3/14/2013
RCW 36.70A.030: Definitions.
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RCWs > 111 l^....36 > Chador 3 70 3 > Section ,700 33,
36.70A.020 « 36.70A.030 » 36.70X035
Page 1 of 4
Unless the context clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land
use plan or to update an existing comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to the commercial production of
horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries,
grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by "RCW
84.33.100 through X34;3.3. 14_0, finfish in upland hatcheries, or livestock, and that has long-
term commercial significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized
coordinated land use policy statement of the governing body of a county or city that is
adopted pursuant to this chapter.
(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas
with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat
conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish
and wildlife habitat conservation areas" does not include such artificial features or constructs
as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches
that lie within the boundaries of and are maintained by a port district or an irrigation district or
company.
(6) "Department' means the department of commerce.
7 Deveio mentregulations"
a oornt or city, including, bu means the controls placid fan dvlosrrrt
or land usa 6c""t�e":s" e u ����y or ity "regulation" t not limited
g
mated to, zoning ordinances,
critical areas ordinances, shoreline masterogrrra, official controls, planned unit
development ordinances, subdivision ordinances, and binding site plan ordinances together
with any amendments thereto. A development regulation does not include a decision to
approve a project permit application, as defined in RCW 36:,.70113:,020, even though the
decision may be expressed in a resolution or ordinance of the legislative body of the county
or city.
(8) "Forest land" means land primarily devoted to growing trees for long-term commercial
timber production on land that can be economically and practically managed for such
production, including Christmas trees subject to the excise tax imposed under *RCW
84.33.100 through 84.33.1.40, and that has long-term commercial significance. In determining
whether forest land is primarily devoted to growing trees for long-term commercial timber
production on land that can be economically and practically managed for such production,
the following factors shall be considered: (a) The proximity of the land to urban, suburban,
and rural settlements; (b) surrounding parcel size and the compatibility and intensity of
adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability
to manage for timber production; and (d) the availability of public facilities and services
conducive to conversion of forest land to other uses.
(9) "Geologically hazardous areas" means areas that because of their susceptibility to
erosion, sliding, earthquake, or other geological events, are not suited to the siting of
commercial, residential, or industrial development consistent with public health or safety
http://apps.leg.wa.gov/rcw/default.aspx?cite=36.70A.030 3/14/2013
RCW 36.70A.280: Growth management hearings board — Matters subject to review. Page 1 of 2
( (e) That a department certification under RCW 36.70A.735(1)(c) is erroneous.
m� (2) A petition may be filed only by: (a) The state, or a county or city that plans under this
"°°ml chapter; (b) a person who has participated orally or in writing before the county or city
regarding the matter on which a review is being requested; (c) a person who is certified by
the governor within sixty days of filing the request with the board; or (d) a person qualified
pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation,
association, state agency, governmental subdivision or unit thereof, or public or private
organization or entity of any character.
(4) To establish participation standing under subsection (2)(b) of this section, a person
must show that his or her participation before the county or city was reasonably related to the
person's issue as presented to the board.
(5) When considering a possible adjustment to a growth management planning population
projection prepared by the office of financial management, the board shall consider the
implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by the board must be documented and
filed with the office of financial management within ten working days after adoption.
If adjusted by the board, a county growth management planning population projection
shall only be used for the planning purposes set forth in this chapter and shall be known as
the "board adjusted population projection." None of these changes shall affect the official
state and county population forecasts prepared by the office of financial management, which
shall continue to be used for state budget and planning purposes.
[2011 c 360 § 17; 2010 c 211 § 7; 2008 c 289 § 5; 2003 c 332 § 2; 1996 c 325 § 2; 1995 c 347 § 108; 1994 c
249 § 31; 1991 sp.s. c 32 § 9.]
http://apps.leg.wa.gov/rcw/default.aspx?cite=36.70A.280 3/14/2013
I7CVil > Tide 36 >t3."TOA > nary )t�_„P, 0280
Inside the Legislature
--_lhapter
R Find Your Legislator
36.70A.270« 36.70A.280 » 36.70A.290
Visiting the Legislature
...........�...........................
�► Agendas, Schedules and
RCW 36.70A.280
Calendars
• Bill Information
Growth management clearings board —Flatters
* Laws and Agency Rules
subject to review.
• Legislative Committees
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* Legislative Information
(1) The growth management hearin s board shall hear and determine only those petitions
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alleging either:
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(a) That except as provided otherwise by this subsection a state agency, county,or city
History of the State
planning under this chapter is not in compliance with the regwrements offh s chap er ”
Legislature
a
chapter g0 RCW s �t relates to th"e adcptran of ho�]ir ( rattis or
amendments thret�a or c&rapier mj RCW as it relates to plans, development
Outside the Legislature
regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW.
Nothing in this subsection authorizes the board to hear petitions alleging noncompliance with
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(b) That the twenty-year growth management planning population projections adopted by
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the office of financial management pursuant to RCW 43.62.035 should be adjusted;
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(c) That the approval of a work plan adopted under RCW 36.70A.735(1)(a) is not in
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compliance with the requirements of the program established under RCW 36.70A.710;
Af"Wdtlirrgtonl�
d That regulations adopted under RCW 36.70A..735 1 b are not regionally applicable
and cannot be adopted, wholly or partially, by another jurisdiction; or
( (e) That a department certification under RCW 36.70A.735(1)(c) is erroneous.
m� (2) A petition may be filed only by: (a) The state, or a county or city that plans under this
"°°ml chapter; (b) a person who has participated orally or in writing before the county or city
regarding the matter on which a review is being requested; (c) a person who is certified by
the governor within sixty days of filing the request with the board; or (d) a person qualified
pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation,
association, state agency, governmental subdivision or unit thereof, or public or private
organization or entity of any character.
(4) To establish participation standing under subsection (2)(b) of this section, a person
must show that his or her participation before the county or city was reasonably related to the
person's issue as presented to the board.
(5) When considering a possible adjustment to a growth management planning population
projection prepared by the office of financial management, the board shall consider the
implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by the board must be documented and
filed with the office of financial management within ten working days after adoption.
If adjusted by the board, a county growth management planning population projection
shall only be used for the planning purposes set forth in this chapter and shall be known as
the "board adjusted population projection." None of these changes shall affect the official
state and county population forecasts prepared by the office of financial management, which
shall continue to be used for state budget and planning purposes.
[2011 c 360 § 17; 2010 c 211 § 7; 2008 c 289 § 5; 2003 c 332 § 2; 1996 c 325 § 2; 1995 c 347 § 108; 1994 c
249 § 31; 1991 sp.s. c 32 § 9.]
http://apps.leg.wa.gov/rcw/default.aspx?cite=36.70A.280 3/14/2013
CHAPTER III - LAND USE
IV
FUTURE LAND USE DESIGNATIONS
Following is a brief description of each designation on the Future Land Use Map. Again,
these are land use designations, not zoning districts. For a zoning designation or district
to be allowed on a piece of land, it must be compatible with these land use designations
on the Future Land Use Map. Conversely, once the FLUM is adopted, it can be assumed
that zoning will be applied that results in land being developed as described in the
following. The relationship between the FLUM and Zoning Map is described on Table 111-
11: Future Land Use and Current Zoning Comparison.
Low Density Residential
Primarily ng single-family residences Residential density is less than 7.0
rimari free standing
dwellin acre. per its unso
g p e. This is considered the lowest possible residential density that can
efficiently support public services.
Medium Density Residential
Characterized by a mixture of single-family detached residences and duplexes, with a
variety of other housing types at a residential density ranging between 7.0 and 11.0
dwelling units per acre.
High Density Residential'
Multi -family residential development may include apartments, condominiums and
townhouses, containing 12 or more dwelling units per acre. A limited range of other mixed
land uses may be permitted, such as some professional offices and community services.
Professional Office
A wide range of office uses, such as financial institutions, real estate, insurance,
engineering, legal, medical offices and other similar business uses, specifically permitted
by the applicable zoning district.
Institutions (Extremely Modified Category)
Institutions include existing and new large-scale institutional facilities such as hospitals
and higher educational facilities that may have significant impacts to the surrounding land
uses. Institutions such as hospitals and higher education facilities play an important role
in the community, providing needed health and educational services to the citizens of the
community and region. Hospitals and higher educational facilities also provide major
employment in the Yakima Urban Growth Area and contribute to the growth of Yakima's
economy. However, when these institutions are located in or adjacent to residential or
pedestrian oriented commercial areas, their activities and facilities can generate noise,
traffic, and other effects that could be potentially incompatible with the surrounding land
uses.
Other Yakima institutions that are in smaller scale such as churches, schools, libraries,
museums, public utilities and government buildings may not be designated as Institutions
YAKIMA URBAN AREA COMPREHENSIVE PLAN PAGE III -14
RCW 90.58.020: Legislative findings — State policy enunciated — Use preference. Page 1 of 2
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RCM > Tiitle 90 > Chapter 90.58 > 3etion 90 5.8,0 0
90.58.010 << 90.58.020 » 90.58.030
P
Help
Legislative findings — State policy enunciated —
Use preference.
The legislature finds that the shorelines of the state are among the most valuable and fragile
of its natural resources and that there is great concern throughout the state relating to their
utilization, protection, restoration, and preservation. In addition it finds that ever increasing
pressures of additional uses are being placed on the shorelines necessitating increased
coordination in the management and development of the shorelines of the state. The
legislature further finds that much of the shorelines of the state and the uplands adjacent
thereto are in private ownership; that unrestricted construction on the privately owned or
publicly owned shorelines of the state is not in the best public interest; and therefore,
coordinated planning is necessary in order to protect the public interest associated with the
shorelines of the state while, at the same time, recognizing and protecting private property
rights consistent with the public interest. There is, therefor, a clear and urgent demand for a
planned, rational, and concerted effort, jointly performed by federal, state, and local
governments, to prevent the inherent harm in an uncoordinated and piecemeal development
of the state's shorelines.
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It is the policy of the state to provide for the management of the shorelines of the state by
A"Washingtowv
planning for and fostering all reasonable and appropriate uses. This policy is designed to
insure the development of these shorelines in a manner which, while allowing for limited
reduction of rights of the public in the navigable waters, will promote and enhance the public
interest. This policy contemplates protecting against adverse effects to the public health, the
land and its vegetation and wildlife, and the waters of the state and their aquatic life, while
protecting generally public rights of navigation and corollary rights incidental thereto.
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The legislature declares that the interest of all of the people shall be paramount in the
management of shorelines of statewide significance. The department, in adopting guidelines
for shorelines of statewide significance, and local government, in developing master
programs for shorelines of statewide significance, shall give preference to uses in the
following order of preference which:
(1) Recognize and protect the statewide interest over local interest;
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of the shorelines;
(6) Increase recreational opportunities for the public in the shoreline;
(7) Provide for any other element as defined in RCW910-.5.8 10 deemed appropriate or
necessary.
In the implementation of this policy the public's opportunity to enjoy the physical and
aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent
feasible consistent with the overall best interest of the state and the people generally. To this
end uses shall be preferred which are consistent with control of pollution and prevention of
damage (o (lre naiural environment or are ung ue id`or depdndenf Opon usd offie bfafe�s
shoreline Aft�ratson nithe n fural �an�d�tioit°o ffae sh r ftr� s 6ffh s4 16 in fhoi iffi d"
Lnst pes vfh n 99t, 9"Ti fail lieeven ��� !"y foi ino anvil r s�dsnc sand lhe�r
http://apps.leR.wa.aov/RCW/default.ast)x?cite=90.58.020 3/20/2013
RCW 90.58.020: Legislative findings — State policy enunciated — Use preference. Page 2 of 2
appurtenant structures ports shoreline recreational uses includin but not limited to park ,
n` anh per aild dfhe� Improvements facslital�n uiblic access o 17orelfnds ol` tfwe skate.
t"r1al a"r rf"com,°i e..... l ° vela o`ri 'ails wl icl� are" arlicu' HV _B6ii& �on their location
Tor suostanuai nurnoers or the people to en)oy the snoreiines oT the state. /Alterations or the
nal"uegi b "fi,i n iff"t gfiar`+atiiii ii°and sfTar l'�iii3 of tli state lial'ibli recognized by the
department. Shorelines and shorelands of the state shall be appropriately classified and
these classifications shall be revised when circumstances warrant regardless of whether the
change in circumstances occurs through man-made causes or natural causes. Any areas
resulting from alterations of the natural condition of the shorelines and shorelands of the
state no longer meeting the definition of "shorelines of the state" shall not be subject to the
provisions of chapter 90.58 RCW.
Permitted uses in the shorelines of the state shall be designed and conducted in a
manner to minimize, insofar as practical, any resultant damage to the ecology and
environment of the shoreline area and any interference with the public's use of the water.
[1995 c347 § 301; 1992 c 105 § 1; 1982 1st ex.s. c 13 § 1; 1971 ex.s. c286 §2.]
Notes:
Finding — Severability -- Part headings and table of contents not law --
1995 c 347: See notes following RCW 36.70A470.
http://apps.leg.wa.gov/RCW/default.aspx?cite=90.58.020 3/20/2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM
YAKIMA SHORELINE MASTER PROGRAM
Preliminary Definitions
DRAFT
Ytuj� j llf TO ° IIL.. N III"''1Cl llNIf^ These draft definitions were derived from Yakima
County's Shoreline Master Program, and then revised in "track changes" mode to incorporate necessary
definitions from the Shoreline Management Act and Shoreline Master Program Guidelines. Additional
revisions were made to convert Yakima County code references to City of Yakima references, and use
appropriate City definitions from existing codes. This set of definitions will continue to be revised — with
both additions and deletions — as we progress through SMP development.
17.01.090 Definitions
Whenever the words and terms set forth in this exsection appear in this title, they shall be given
the meaning attributed to them by this e4aiqtffsecflon. C. -'i
:�; ray;�i�e--il�te�=��-i��,a�l���^��i���i .���a�-����w W'sh•k����a���r�t�-tNve"•:���wov�d���e��M
&Aafl-"e.r:Definitions established b�tC°, w90 "030, and WAC 17
!,.i..ave been Irt r r olws ke a hereun an(I...si-iouV'cl:..these definitions in the NtCW or WAC be aw�w� b��jw?i -LN��� m���a
current mR W..or WAC definition silmll a,)py.. Exce i r m�� caITfw11 --j[LLe1c_in this . e- L('1 the...RCW or
ti W..li used in tk�N Ntpfrmlwl Masterf���rati.y IbN1 ct tmr c�acf��`^y ici��)w.
��e�fi��tt�t'�ff�o����i-fBsv�.f�pt���a"N�e�af�t��iie�•��9N �=rfti:�d�we��as, �e+d�-��od-�N�����- ..
i�ef"r N �rai��-�...t��i'dm�s��ne_.j�c�ro��l.�•fi-;, . "�t��r��f ., � �idn��ifi��t�f�
t^v�r����n��rsu�a��t"i^ng„,to�SR�rr�e�iir"ne�ei-w�'ee�� I�Na��n^rafrmr�i�Mr�itrtira; i,��.,.wi�im&�-e•�t���d�f���ft��r��r�l�,�.fNte,s
"Abutting” means bordering upon, to touch upon, or in physical contact with. Sites are considered
abutting even though the area of contact may be only a point.
C�(?ai'3NI'lel"lt in idcntail t awi(� s4 boTdiiiate' to �'�.�1�IRN��d',i,,,
shoreline use or df°iteJULi"iei��':._ �'p, ����m0.iirip ii ijLe �$ '"�i(LegL6�?iIN
"Act" me risthe' sw igLftg. State Shoreline IMaria njent A(_LA., _a��_ .
"Adjacent" means to be nearby and not necessarily abutting.
"Administrative Official" means the duly appointed EJty_gfX2K1ma Director ofwwm ni ^ Nop -nnt
whichever is apfig e o1,fteiiIT
(44644e i i �t e .:a n nrr�a�r t TMiati erl fr Y T t. j � t
"Ac)L)ttori iayNeap°" tnean an o f is al i Norr �fre I t t j t N y p r 0,; CSI gta i i �ewi t
shoreline inastei° u.o; yarn effective th rOUp.l1N LLg. f)ir i Stetit with the r g,pjreeni its (If th w dmi n_istr°ativ
N r reduce Act i ha ntet— �t p i k rekr + crf p titi N e riojirted shoreline r aastei ;rr°c naiNr fat..
........ ._.,.__.
annnendnie nt into the state n,ia te�m"p n�am,,
"Agricultural activities" means agricultural uses and practices including, but not limited to: Producing,
breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land
used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded;
March 20, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM
DRAFT
allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market
conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a
local, state, or federal conservation program, or the land is subject to a conservation easement;
conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment;
maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no
closer to the shoreline than the original facility; and maintaining agricultural lands under production or
cultivation.i�ead..k�vtias ��.floin,sarga� rf�p�&n4�r� art
"Agricultural products" includes but is not limited to horticultural, viticultural, floricultural, vegetable,
fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for
livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and
harvested within twenty years of planting; and livestock including both the animals themselves and
animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy
products.;
"Agricultural equipment" and "agricultural facilities" includes, but is not limited to:
A. The following used in agricultural operations: Equipment; machinery; constructed shelters,
buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal,
conveyance, and use equipment and facilities including but not limited to pumps, pipes, tapes,
canals, ditches, and drains;
B. corridors and facilities for transporting personnel, livestock, and equipment to, from, and within
agricultural lands;
C. farm residences and associated equipment, lands, and facilities; and
D. roadside stands and on-farm markets for marketing fruit or vegetables.;
"Agricultural land" means those specific land areas on which agriculture activities are conducted as
of the date of adoption of a local master program as evidenced by aerial photography or other
documentation. After the effective date of the master program, land converted to agricultural use is
subject to compliance with the requirements of the master program.
"Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a
segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or
broad valley, or where a tributary stream is near or at its junction with the main stream, or wherever a
constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases; it is
steepest near the mouth of the valley where its apex points upstream, and it slopes gently and convexly
outward with gradually decreasing gradient.
"Applicant" means a person, party, firm, corporation, or other legal entity that proposes a
development, construction or use on a site.
i
• NIMPIC"
• ,, 1 �.+
March 20, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM
DRAFT
lea; I o t�.lnnientt shorelmmne rilaster a:W c : i r:���._iq r wiaymlu,�r �.f� rs�stu t _p )l2roved s orefir c
Li Li io�igjj farmaiririraPfrYd�ritintothe5tatetnas„rprograna.
p gnarfce�resi eriti !" i eludes a g wrgge. r m9ic ITdrlye\nr y� a�tHLties fences insiall ti®mnm-of a septic
tank and drain it2ld and ra(ing which does not exceed _mtmer o hUndr d dmf c�Il�ieµ�ds and 4a�i� irot a� mmp�t�t
involve placernent of fifll!r?.a.l: �tl�fNtt� car Ovate ward of the ordina .n�..IiipL...v'Ar ter mark. local
Circunast�anccas rnaywtljc trs_additional ur_utc�,rp„f��<,t�c- 'S f�r�( r nr�) erg unmlemnarices which shall be set forth
garrlmre ulatc�d w4t:hir� tlaea i �Ir �cabl��.:lrt�l�tef:..4�io�r���a�.
"Aquaculture" means the culture and/or farming of fb<ff-J-•fish, shellfish, i 4 g other aquatic plants and
animals-4Ff gr mult.a -aot swa i i r lu f �r rre i c t..:fi irte f tea fia# k +r e dfwag r.
irmi^i�rV4$it4',6�"fiWWm 4airriNi atiNff...11�ii"�rrt$"a4 arwxs-i�rt iawriaµira
i taiga rriiyfe4d; a aaf r�.� w arfa at ';mf 4a rf.�r raf na4 s _. car .............. .i raaraaltur°e I�� t,or�dra� k:er�ww�
r tat Y r rw+ claict.s 1'tam r aliiNc 4 w itNi_.the ollLe.,ctive of earnili 7 (!fit. r i-corriryl, rcial.agfIa(LiI I ,f
(:onducterfmfr the benefit of native i, b'a r ca a rt+, r Ni _Le tatiowa .far a t a r rmL �mllc b ne it
or use.
"Aquifer" means a saturated geologic formation which will yield a sufficient quantity of water to serve as
a private or public water supply.
"Critical Aquifer Recharge Area" means an area with a critical recharging effect on aquifers used for
potable water, or areas where a drinking aquifer is vulnerable to contamination that would affect the
potability of the water.
"Bank" means the land surface above the ordinary high water mark that abuts a body of water and
contains it to the bankfull depth.
"Bankfull depth" means the average vertical distance between the channel bed and the estimated water
surface elevation required to completely fill the channel to a point above which water would enter
the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull
depth is the average depth of all channels along the cross-section.
"Barwb"wwiswwa structures a,r,sc riril rily,inWstreams. It isITaITlow relief pro traction from a bapk angled
�w..._..
14 tl a� f a tra_re iogwc t flow ��w y frcartt t�uc� l°,aank toward th(r pl��r�r o� �Bmr r���rtu� l: „ rPLyrs �l_.t ter°gwitms
urtlarls r raCaarrpc.M.tiam(mtru;l�ar fgtlry..ftaaactiol°i kay rwwwdw4Nrect'Nmllows that pas rwrcmr tlr
tet aftBae:strucITttir .
"Base Flood" for purposes of administering 46 , ec;tion 17'.09,020 means the flood having a 1 -
percent chance of being equaled or exceeded in any given year. (Ref. IBC 1612.2)
"Base flood elevation" for purposes of administering irarw f7,09 02014fIXmeans the elevation of
the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North
American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
( Ref. IBC 1612.2)
"Basement" for purposes of administeringecti ri t7 0'm mmt�12t 1df means any area of the building
having its floor subgrade (below ground level) on all sides. (Ref. IBC 1612.2)
"Bed" means the land below the ordinary high water lines of state waters. This definition shall not
include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except
where they exist in a natural watercourse that has been altered by man.
"Bedrock" means in-place solid rock.
March 20, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
"Berm" means a mound of earth material used as a protective barrier or to control the direction of water
flow.
"Best Management Practices" or "BMPs" means schedules of activities, practices, maintenance
procedures, and structural and/or managerial practices that, when used singly or in a combination
prevent or reduce adverse impacts to the environment.
"Bioengineering" means project designs or construction methods which use live woody vegetation or a
combination of live woody vegetation and specially developed natural or synthetic materials to
establish a complex root grid within the existing bank which is resistant to erosion, provides bank
stability, and maintains a healthy riparian environment with habitat features important to aquatic and
terrestrial wildlife. Bioengineered or biotechnical bank protection designs may incorporate limited use
of armored toes and wood structural elements.
"Breakwater" means a fixed or floating off -shore structure that protects the shore from wave
action or currents.
It it i fFicial°'N' the mane er o the ccs of Code Administratign orµd signee.
"Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shore
consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.
A1aW,...a e r .,,.m s •9� s�� f i r iy.� es d -M;;; c f i; �i et... r i sa wit t a- ref r a p
aawit �gIy..kiiar;:,-aia,p,ssoy...dtmg1�i : 4e",-
Sta ncf &--, =e-,C�0f*4e-yeti rAm4 i rd -s ng4e-f�,vm 8 fes,'W
"Channel" means an open conduit, either naturally or artificially created, which periodically or
continuously contains moving water, or which forms a connecting link between two bodies of water.
"Channel migration zone (CMZ)°° means the area along a river within which the channel(s) can be
reasonably predicted to migrate over time as a result of natural and normally occurring hydrological
and related processes when considered with the characteristics of the river and its surroundings.
1,0f44-Widift...,QrfiNaV - -41Wd� ,i .. ff ;�1 ° e s wt e a � a � t d. i tii• �� # I i � i .
#iv�isae�a..a f..ti�e�ea�a °� P�af�l ~�avaic�sa,°�ga�ee;
"Classification" means the definition of value and hazard categories to which critical areas and natural
resource lands will be assigned.
"Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter from a
site.
"Compaction" means compressing soil through some mechanical means to make it denser.
d'➢'Pnehnsl"u ,f Vc1 t I. ITN" ;,(�qjj qd� ("�e�;t�':'" NE����an aRITniaster irT Aram th t �ul!y.c�m Nils id tl��° c �"�,Mui
ca1aC 5 a t i 11 gtailrf' 1115 aB of tipiiw' Pp 2a b ent Cal!° Econ gyr r arammlq e_ Master PP Ii wta !q II V, *w.
Jana � ;�s ��misw or� it�reai�ter amended.
effective i<anuar ...Z'C
"Conditional a%e" nitLat s ause die I. �M�r mNft, fir msubstanti al development whicli is classified as. .
conditional use o� Is not cNassified within1he afa licableITmaster „ frmr rr�.
"Confinement feeding operation" means the use of structures or pens for the concentrated feeding
or holding of animals or poultry, including but not limited to horses, cattle, sheep, or swine. This
March 20, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM
definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry
and/or egg production facilities and fur farms, but does not include animal husbandry and normal
farming practices.
"Construction" means the assembly, placement, or installation nfstructures, roadways, transmission
lines, and other improvements within a project site.
"Critical areas" as defined tyider,
E.
G. Fish and wildIffe habitat conservat'
g_ gj!Z�zardous areas,,
"Designated" means formal legislative action to identify and describe a critical area.
"Departnment"means the Cit
YAYakima De elo ment Department-;
"Development" means a use, consisti of ffie construction or exterior afleration (,)if strUcttn-es1.iLrt�k�Li1?,;.
of obstruct" f a LT. �,LqLi Li
p 'I e Of Water levei. see
Li L)ltks� of the surface of the waters.o e fi la )d suwc to the act at , 11 U
March 20,2U13
CITY OF YAKIMA SHORELINE MASTER PROGRAM
DRAFT
unitevelowr��������rtwordinanc s s�uwlW division ordinari ^�,w nod I)NN�„r�N.r��au�� aNl err c�!���Nnaracu� to�c�tr i�Iw�
_ n �Zindrnents thercgo.
"Dike" means an embankment to prevent flooding by a stream or other water body. A dike is also
referred to as a levee.
"Dock" means a structure built over or floating upon the water and used as a landing place for boats
and other marine transport, fishing, swimming, and other recreational uses.
. reals filed pursuant to RCW 90.58.190.
"Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of flood
)MV „r4 n �NcYrlN t C 4Y l iNV' MCa t�Nlc l 'Dll d`x(;IVdrNiNV iJrt- 19 ' Y'.� 'ilNl fr a rNr aeC Jbrl�� E JNNMc'pr rJae ullnrITl'1 Ie
"accessoi, i utilities" and shall be c:onsiiclered a taart of the I�r�ial��im �rst� Nie_wconstr_uction or' �~ 1oclr fficatmion
of essential rjrgrm NNr fsf L1itL?!� r�rr� riga nal tra,nj� ,oNtaflon a wNck?c? �e C Cptwi r c�fwhich tli prinTi�ii
re,stotio�'i l ri„i ritWrs e rrne it soil arernoval rathe.r.than beipi tITlc iderit;aN to t riraN r r tr�r<rtNr�ra
; ose i,.r aim i i pfN m'54,a,0 't -fa and/or obtaining minerals, construction aggregate, or
landfill materials. This definition does not include excavation for mining within a pond created by a
mining operation approved under this title or under a local zoning ordinance, or a mining operation in
existence before Zoning, Shorelines, or Critical Areas permits were required for such operations.
tt e f a�g� was rc�f kL�ee in thi S P underction! 1 07_( 60us not intendedto c.� ver then cavatic ris
w aterward of they ordin<ary ) m Ater mark that are incidental, o construction of an otherwise
authorized r .t== rise.. or modificationm "� rilkh d ar cunt nt is iM� w oot� d l °is �imstalN�ttwrins 6a a ww.
l aunrh r'an,jp Nrasq,; aNi Ntic t it pl cgm nl�
"Earth material" means any rock, natural soil, or combination thereof.
"Ecological functions" or "shoreline functions" means the work performed or role played by the
physical, chemical, and biological processes that contribute to the maintenance of the aquatic and
terrestrial environments that constitute the shoreline's natural ecosystem.
"Ecosystem -wide processes" means the suite of naturally occurring physical and geologic processes of
erosion, transport, and deposition; and specific chemical processes that shape landforms within a
specific shoreline ecosystem and determine both the types of habitat and the associated ecological
functions.
"Enhance" means to strengthen any of the basic functional properties listed int:Si iiat�er®
17.09 that exist but do not perform at optimum efficiency. "Optimum" refers to the most favorable or
best performance of each function achievable for a specific segment of stream or lake corridor.
"Ephemeral stream" means a stream that flows only in response to precipitation with no groundwater
association, usually less than 30 days per year. The lack of any groundwater association results in a
lack of a distinctive riparian vegetation compared to the surrounding landscape.
"Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water,
or ice.
"Events and Temporary Uses" means a social or community occasion or activity lasting for a limited
time. Events and Temporary Uses within permitted facilities or legally non -conforming facilities that are
March 20, 2013
CITY OFYAK|KoASHORELINE MASTER PROGRAM
designed for such uses are not included inthis definition, as long asthey do not materially interfere
with the normal public use of the water or shorelines of the state.
"Excava1ion"means the mechanical removal ofearth material.
E e 'gyeLo � rneLlts are those, set forth iri WAC 173-27-040 and 11CW 90,58.
-1,1( 90,58,1515 which are riot �'e Uired, to obtain, a substantial deveiQP,111E!F1t I
bUt which iymst otherwise corn ) _L6�) a .11.I�icablej,,,,Ltoyjisiq i§ qLt he_A ��!Ijd the local iniaster PL� El -
"Fair riiiarket value" of a devielorglile o )en market bi _pLice for co rid ucti ng—the Work U
2quate to the cost of,,hiLLUj
it 11ractor to undertake the
Agvej.qpment from start to finisb, including st of lahqf, aterials, e jJ1111.�!j- d far, irt u.s2&e
jj���ion and contractor overhead and..pIptiL III
"Feasible" means that an action, such as adevelopment project, mitigation, or preservation
requirement, meets all of the following conditions:
A. The action can be accomplished with technologies and methods that have been used in the past
in similar circumstances, or studies or tests have demonstrated in similar circumstances that such
approaches are currently available and likely to achieve the intended results;
B. The action provides a reasonable likelihood of achieving its intended purpose; and
C. The action does not physically preclude achieving the project's primary intended legal use.
Iri cases where these GuidejLilts T,,, dre certain actions unless they.g C )e I?rjrden—at 12,�Ly i im
infeasibilit, ij� i�� )ILficant, In deter, ni i an action's infeasibiLity --'i '11) action's
"RU" means the addition nf
material to an area .---..an___,.oi, on Sliol'Letands in a manner that raises the
elevation or creates dLy
The physical structure
ofashore stabilization structure shall not beconsidered fill. However, fill placed behind the structure is
considered fill. Stream bed manipulation for irrigation diversions or restoration shallnot baconsidered
"Flood" means a general and temporary condition of partial or complete inundation of normally dry
land areas from the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood hazard permit" means written approval applied for and obtained in accordance with such rules
and regulations asare established under this title.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards and the risk premium zones
applicable tothe community.
"Flood insurance study" means the official report provided by the Federal Emergency Management
Agency that includes flood profiles, the flood boundarv'floodwaynnap, and the water surface
elevation ofthe base flood.
March 20, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
"Floodplain"newn...liei jnir rives°i�.tc:aarf�ai..haeart
rftu rrau�e�l-lil�iy-t f�e�.-���m�a�'�rtl�e��'��o���fti,a�arr�ay_va.r.w�1:i�•t-9��iwe�y�f�ff�'ae��i��g
�oefe ."" .oa! flan° is synonymous with the one hundred -year floodplain and means that land
area susceptible to inundation with a one percent chance of being equaled or exceeded in any given
year.vie�..linitt_of thism�are�i shall h has�r�ad ar�ao n floodmmordi..rranct.% r ��gjatic�tf_r���ali cit a reasonable me�ti�od
Which nielets the lU-c,cfives of they aq.
"Flood -prone" means a land area for which a floodway and floodplain has not been determined with
respect to any specific flood frequency, but for which the potential for flooding can be identified by
information observable in the field such as soils or geological evidence, or by materials such as flood
studies, topographic surveys, photographic evidence or other data.
"Flood -proofing" for purposes of administering 16D.05 means any combination of structural and
nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood
damages to lands, water and sanitary facilities, structures and contents of buildings.
"Floodway" means the are, as identified in 3 masU.- )jcpg�i n„ l at ithen"
A. I lens f been inITlITrtrfr iaiFnn'nen° crnaw l u rinwfelif ircy q l00iI I nsrwrannce Rstte Mei is o
tloocfvray SLI
m...._Consists of thosew, rtions of amriverrvalley i rig,ws r a ar fromhemOUter limits o a watercourse
rampc)i�imwhich, flood waters s gars carKied.duN in e �iodsf oQLfi ..tfiaoccur with reasonable
reralwarit..fiinn wi'n Nitiinerirvecrreltl"_sawiri fIrtrmmhwty bi�ingn¢fnitjfetj ulaifr iiornnal
onditiq �nsurface,;soil conditions a9naleL�IL,uL!Nse,fy ��f�
....,� __y_��t(i
cover eanlrrErf qri tea; o i rt jwtyN ofli indicators of floodinpIthat occurs with reasonable Wr, uNsmiu,t
althou h neem:m�necessaoiltr ann���inuaiIA.
fte c li of flie me lnc awl usr d tN lw rntijy mflmn flood rir�nvr tq frllea n¢ Way pp iL)t in chicle those lands, tha
can r a e n�<mm�wwm b flootiw control devices, mai t �l���reITIT
riiaiiit ine i,iiider iu i e fro,ot i tt'ie fecller-al ovei-neii tlnmr s� n mn ,i 1?gliticall subdivision of the
'�afe�rt°t�idrr�4n�nn=nl�n r-ivy=;1>n�n�n�pzn�-rth�n=-went-�=e�r-s� �s..�:�1�•��ndta�n�•ri•i~�laal-a .ml-�nn-ne�ast
i..esa�ved iii oe t�fi.fnan.� do fias9;n antinenn innuti arnnrni f die witsrsfc
,ek,wa tle i°n�to
"Floodway fringe" for purposes of administering 16D.05 means that portion of a floodplain which
is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary
storage for floodwaters.
"Forest land" means land primarily devoted to forest practices activities.
"Forest practices" means activities conducted under federal forest practices approval or under a Forest
Practices permit reviewed and approved by the Washington Department of Natural Resources
pertaining to the management of forest land, including growing, managing, harvesting, and interim
storage of merchantable timber for commercial value, as well as incidental activities reviewed under
federal or state approval, such as road construction and maintenance (including bridges) and mining
activities.
°s eeat c;lnn�iical ne itn...r IL%pteaiiunwcal aii:al si""°.aiieaiisai cietitn is strreIy.c r rvah.iatnorn condu ct 4,:)y a
ggLlhfied ex a tla LIMIlLks arleITse�r1 �1t room c�� �i� , i ciU11r rrri!d loin g.cO LJJ oo is mLbus -Ii
af'foctt ci..lai,) ITt iifil ane its stis LliJAiy.towmass w aTM tnm o irnN mI'd othe grwraN r ie Hazards esr
rnrrn s con usioins.arid! rea recommendations re ��ic�ii�ig..tfre
effect t6n��r�r��Facss r� e�wael ni ti�int.. rl
March 20, 2013 8
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
conform, to accg�ed technicid standards and MUS J) kLqtt�L��i el
����.
"Gnade" means the vertical location of the ground surface. "Natural grade" is the grade as it exists
ormay have existed inits original undisturbed condition. "Existing grade" isthe current grade ineither
its undisturbed, natural condition or as disturbed by some previous modification. "Rough grade" is a
stage where grade conforms approximately to an approved plan. "Finish grade" isthe final grade of
the site which conforms tOanapproved p|an. °
Lit -
Ls 0 �db qj� d i or structure. Inthe case of structures to be built over.wa e ..a e _rL
shall be the elevation of the.ordfii�Ey hip. f he ,rgde level shall be
or structure.
"Grading" means the movement or redistribution of tt'le sedinierit or other
material on a site in a manner that allers the natural contour of th .1
"Groin" means a barrier.lyfl�,,.9f,structure that extends from the stream bank into a waterbo r the
of nwterials. GL
wood debris. See also Barb and Weir.
"Groundwater" means water that occurs beneath the land surface, also called subsurface water or
subterranean water. Groundwater includes water in the zone of saturation of a water -bearing
formation.
er
shorefines of the s1a_tP_J_-�!i
Such standards also
"Hard structural shoreline stabilization" means shoreline erosior.1-contr , ol " p�����
structures that armor and stabilize the shoreline from further erosion. Hard structural shoreline
vertical or near -vertical faces. These include bulkheads rij-_ri,!p,and siryfflar structures,
fr
tef.evisiori antennas chin, npvc�,, a nd � ilzyiij) )t Lqe±iances shall not be used in calculjjj,[r�g iej c
where such ajA,21Lq�:Lqij!j!jes obstruct the view of the shoreline of a substantial number of residences on
Provided further thot qment is excluded in this calculation.
March 20,2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM
DRAFT
"Hydrologically Related Critical Areas (HRCA)" include all those areas identified in
46,0446,035ectior'r t 109.X71 d- within the City of Yakima which are important and deserving of
protection by nature of their value for the functional properties found in Section�t�;t7
"Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with
channel water and water movement is mainly in the downstream direction.
"Intermittent stream" means a stream which flows only during certain times of the year, with inputs
from precipitation and groundwater, but usually more than 30 days per year. The groundwater
association generally produces an identifiable riparian area. This definition does not include streams
that are intermittent because of irrigation diversion or other manmade diversions of the water.
"In wate,r trUcLures" a r `ctrl#i�'tu le�ei l l� itl4tllfi an "u' ithin:a strea in, rive r dale"t a�terwar l of the
,I-IWM that either causes or teae ni.W to CaUse water imi )w idrpe nt or thediy'e rsior11,
ob$011eat�r01r, or wnnodific tion of ow Wate�.i.:.IITlewIn-water:.Structures ��;y,;� iricl,w;�de those for 1� ejfQ��l to as
e raa iot�i NnNwi i r" a el° s law flt~oertre.sl r�rNswtlewrwt. re r, r.rtilit. Servjer tra�� rr tl�; leN r, fish
habitat til,)abiicea, ,te rit, pr e r , tl Ni or 'th w°pose.:
tl,
"Lake or pond" means atn inland body of standing water. laet�lr�e fa��1
tnNh'UNt d inaster ptay,,ir1N 1 «e9atpndrnen " rne�a�C�NNS �� VYgrN �tr� �re.r N arri arr�e�ICrelr�ae'a�t tl�a�i addresses�3ee NlrC.
i Nw f m rt l urmri .a mm a N arrokivaLt tit s and which is not inten died to in et the cor p.!t, gAg?c1gir meN is of �
�Lo ni�[e pensive rrea stwf r are�r rra lrlatdale.
"Lowest floor" for purposes of administering Section 17,09,020 means the lowest floor of the
lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for
parking of vehicles, building access or storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that such enclosure is not built so as to render the
structure in violation of the applicable nonelevation design requirements of this title.
MaiNrdtLll'etITp1 � Norn'sadl" rN�Ne�"a�N"d,,s those�;_�tl lral acts tei tl0. U 'N"''t, le�'eMiR%r � I erd �"�r, cew _safle d�mfroi Y rl !r '
estaablishe cl condition. See l�ep
"Manufactured home" means a structure fabricated on a permanent chassis that is transportable in
one or more sections; is designed to be used with or without a permanent foundation when connected
to the required facilities; has sleeping, cooking, and plumbing facilities or any combination thereof; and
is intended for human occupancy or is being used for residential purposes.
Aea�i"" r�t�,ee�e..(.�� a�fmm"N t;errr�,,d�it�es�°t:�arf-:tr.N��rtly-i�w�aaa�n�f
dN?atr4rd^i rfd" p"r@hrrkrfrtrr ; 1e6ie" ue r"rNleNleareaa acrrdW'ma�tedQer11 .r,,, aawt
fOg , t +Pte W "fA r1Vfa(g4A Fed 1 ;ewe '% i l ede e td�l o
teagerla "; taNa eaem:wtlakmo-aftole tee rIrrwtti�rfe",rtifr.`°
www, r"+r*w, ial e a 8wl , ., "e kr r"p Frl ;, e 1 0 4 � ° r" 'a e'l tB ide r aw tr F t4 i�R•;'.'..,,btr r q� arITr r 'n " �' rr
F r .fOrr.° w C riffle-
age
i le -age e'a't)"leafy ar r der -t la s...e a l'tmer .. lir k mtir e atr
�la�le�.�-t°:ev�l, tr�rr' �i "stay-aye.,,�f�rraalN.�va"il'r��rfl-fie:-e:�"aaa�rrrdrel-�a�amfca
ae=e�f ... rte-fwg"atr�l~lae� ��l�rue��i�rMead*lg�at�y�y
March 20, 2013 10
CITY OF YAKIMA SHORELINE MASTER PROGRAM
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale
" nufacturedhomeparkorsubdiviskomeans amanufactured home park or
subdivision that was com�)Ieted before Qeceniber 15 1981 the effective date of the flood)lairl
Ie
"Minerals" means gravel, sand and metallic and non-metallic substances of commercial value.
"Mining" means the removal of naturally occurring minerals and materials from the earth for
commercial value. Mining includes processing and batching. Mining does not include large
excavations for structures, foundations, parking areas, etc
"Native" means indigenous to, or originating naturally within Yakima County.
"Natural conditions" means those conditions which arise from orare found in nature and not
modified by human intervention; not tninclude artificial ormanufactured conditions.
"New construction," for purposes of administering-1.6EX. �-FS�.ection 1' L)a,02( means the start of
construction after cons0,ucfior1_P
Ay
"Nonconforming structure" for purposes of administering 16D.05 Section 17.09,020 means a StrUCtUre
located. In add
"Nonconforming use" for purposes of administering 46WASSection 17.O9.020 rneans a USe of land or
Lhapte t Ln!foL.t,!1g rq!�iii ?.d i strict in which it is located. In addition
but dQE�S not conforrn to this Chaig _L j,
March 20, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM
in n for in a rice with th a lion and o f o Igo rg,�Lq�ire rent Tle
"Nonwater-oriented uses" means those, uses that areI not water -de �jn,,Lqnt water-related,.orwater-
enioyment.
"Ordinary High Water Mark" (OHWM) means that mark onlakes and streams which will be found by
examining the bed and banks and ascertaining where the presence and action of waters are so common
and usual, and so long continued in ordinary years, as to mark upon the soil a character distinct from
that ofthe abutting upland.
"Perennial stream" means a stream that flows year round in normal water years. Groundwater is a
source of much of the water in the channel.
"Priqr.ily-..habita,t,",,.m.e.a!l�..a..habitat type with ur�iqqe if ,ant v�lue to one or more! s ecies, An area
classified and ii
qy
�t 11L -ggjdefines to
ensure the t
11–L r —1-h01LP-Lj—rS1�1–tp )edes �Lg, those that meet a
of the criteria listed below:
A. State- lis,ted or state
fistl and wildlife species
sensitive
threat
arflinals
jLLtyLof their
__M.,fcjgLs of recreational or RLizgjql.�pecies used for tribali
_�gLttilillare vulnerable to habitat
March 20,013 12
CITY OF YAKIMA SHORELINE MASTER PROGRAM
DRAFT
"Project site" means that portion of any lot, parcel, tract, or combination thereof which encompasses all
phases of the total project proposal.
"Public interest" means the interest shar p�%N�y �l�o„citizens of the state or corn,rr��Lirty � t I r �� �r tier
�RIlrs c fga _ toA.. y Which their ri pigs o�tles are affected NabLLgd iju,t rt a�r�w
In2lied t I! ° .y _.. .__ _ a i.�. a agner.�' '_.. sg.1t n a frgrr a lAs' o
__...� a arr ef�ci orr arafal�ic armo arwr"t or carr i�rc�rNiiam�afct or a.r�ur,r�rV wr ll"<rwr resrrltrr°r_.�..��w,.,�,�.��,,.
develolment,
"Qualified Professional" shall meet the following criteria:
A. A qualified professional for wetlands must have a bachelors degree or higher in biology, ecology,
soil science, botany, or a closely related field, and a minimum of five years of professional
experience in wetland identification and assessment in the Pacific Northwest.
B. A qualified professional for stream corridors must have a bachelors degree or higher in
wildlife biology, ecology, fisheries, or closely related field, and a minimum of five years professional
experience related to the subject species/habitat type.
C. A qualified professional for geologically hazardous areas and preparation of geo-technical
reports must be a professional engineering geologist or civil engineer, licensed in the state of
Washington.
D. A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist, or
environmental engineer licensed in the state of Washington.
E. A qualified professional for channel migration zone reports must be a professional engineering
geologist, civil engineer or geologist licensed in the state of Washington, with a minimum of five
years of professional experience in geomorphology.
F. A qualified professional for flood studies must be a professional engineering geologist or civil
engineer licensed in the state of Washington.
G. A qualified professional for economic studies must have a bachelors degree or higher in economics
or business administration with 5 years of professional experience. The five year standard shall be
waived for professionals with a PhD degree.
H. A qualified professional for habitat assessments and habitat management plans must have a
bachelors degree or higher in biology and professional experience related to the subject
species or habitat.
I. Or other person/persons with experience, training, expertise and related work experience
appropriate for the relevant critical area subjects determined acceptable to the Administrative
Official.
"Recreation vehicle” means a vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
March 20, 2013 13
CITY OF YAKIMA SHORELINE MASTER PROGRAM
DRAFT
rr a'`,1aGar„„I rar is n~taa�ansto restore a C,L,�"ha° IfD,..�li�%4�k�d�; D'r S�,!"11G.:�.tl.lpC:? t0 a�' Mutate a,'"oin
tgggily.established m raic datN G uiw� tlq ra" I uwt_11"ra Iimitm��a� to itsmm,Gr���.,:�I� f��� �Vig�ITafilaiol���,K�t
exteawl all alta caarmialXl"a within a r asonable pgrio.11ITmaftmm r deL:c )EjRi Taal d tq a:jatmlfl "a S2_a." i va ac e g J� � a i�N
causes substantial N ...rf acts to s 1reNire, .u.c_e CGenvironment ii_e_ ierit_ of._._b �tuttuire or
......_...__ RG '
.,.,,
c IT ela lri1 N�1t Ga y_l r+ tatN? rwt 1pc a1s...t t �iir here t�chLg l r lea 1t ITITiITla1> c.orna°111 G"1 a °1c1wt fid" amml' url aDia l' N
to rmt atD c 4a aG ;t;tar 1N ravel wt �a It LD1°hd thaw r I< 1. rN cAi]t IrUCtUafr1 or t2v JofIa�1��" a r t1it�rrG abbe to
the ctrigi"malITstruc r r dr velt� en wwira� u mmimng tmmrac�t INr � tcs its size
s t con ig ra i Ic�c tiom„
and external aara nce and th r�p�t�tr nient do 1101 Cause substantial adverse effects to shoreline
resources or environment._ See also Ma inlertat L� B s2an L
"Restore °° "restoration" or Beecolo i _res or ion" meansITth reesta lis mento rmu m radin of i aired
w . _ ..........w.-.-ww. ......-...... � _
t µ�ents or
�_r�N ataa.aM
1) u nnara arctivi� „sarnl"anls those listed in Section 1 109,XXX,"°°~Restrar� °" 1�M1 eaas tcD�1 �t�DlDar�l W.11e
This may be accomplished through measures including but not limited to re -
vegetation, removal of intrusive structures and removal or treatment of toxic materials. Restoration
does not imply a requirement for returning the site to aboriginal or pre -European settlement conditions.
"Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore
structure against erosion by wave action or currents.
"Riparian Vegetation" means the terrestrial vegetation that grows beside rivers, streams, and other
freshwater bodies and that depends on these water sources for soil moisture greater than would
otherwise be available from local precipitation.
"Riprap" means a layer, facing, or protective mound of stones randomly placed to prevent
erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose.
"Scour" means the removal of underwater material by waves and currents, especially at the base or toe
of a shore stabilization structure.
"Shorelands"° or "shoreland areas" means ITthose lards extending landward framammjwo hundred feet -An all
directions as mrWaSUr I Otit-ammhorizontal �Laij wfEo"Nr�mmilNce aaa.:dmial<�a lai',gi,1 waiter a .,t _L j<;jjcamnllw;l s and
i!n1 P'ljous flood,)lain areas -------
landward two I�undiecl feet fror lwsuch flo d ai�rN11�1 �ls�r�yt6aawa�ismaa�dmri nor,.
car ItITa s a. s&o i at � with two' e str arns and lake Mich are SUbiecttothe.pLgvisions of this ch.a, aatm�tl�r
a,nie to be d sa 5,jt ri s1s �o_6c���lt�orlWN� t�Nrewwwf)c�llalrimral��altmr> lcota�Y'
4aCSho efines" rnea s all_of the water a"Cr, of the ta a... ii�.daN;i ,PC 2( 11 S_e1 n:d their associated
a Noir larilds, ) ,gt he with t11cTM:M lands, ctrl c xy tilCA 1); c�x�tiaatITti shorelines f tiatewh�fatITsq �rlui"ir"anc"et
(i shoreflines.,.. r is A is„1a1treaa'r1s U r t Iii r_f praint_where...the mean annuM flow is tvitcubic
feet: 2c�r second or less and the wetlands associated witNi such utstNe«ai�r1 sc� ailleiata” �ai'ad � in sfy reliine�s
.,._..__..__...__ .__._ ......__. ,.,, _.w. a ��.,,�,S
on lakes less than tw entacres insize and wetlands.. associated with such small lakes.
_-
"Shoreline yaN e astle a a l "sl, mlITimria lNtrssdlrvc t owawn means all "shorelines of the state" and " shorplands" as.
defined in RCW 90.53.030.
"Shorelines, of statewide sa rlaf°'
' (CaLn �ea" rneans the followaia n shorelines of the state:
A. rh s ,lakes.Wwhether naatl��at„ �rrt ficial or a combination w't�a �D rat�ar �rrrc�a f mof ores
thousand acres or more measuredITITamt the ordinary to h w�itrwirwrraaITtITNf,
March 20, 2013 14
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
13th as�natural rivers rmm�dm se east ofthe crest ofITth cdewwnwnpga_oka
where the annual flow, ismITtnw ensured at two Nnunnrfned mrmn,�bic fr�s�tr t� ow.:s �o n(i or' lr"1pw.� or thus �_RgEtioli
rat livers east of the crest of the fromthe first
r Aes of drainagt� Irr� r )d�N�.hey rITn Niottr�r�
C. � N�da� slar�reN�tdb�fs �as�er a�itfnni" w�rtld' adnd talovwd�w.
"Shorelines of the state" are the total_ of all "shorelines" and "shorelines of statewide s riifwcpnr ,g"
Within the state; "Shorrfline muadifi do is"°„mr"anis thorns actiontrint dr"n0dwfy hew.plw si -si
ram_Nradntmtnms°mfmtNia sliNltnrsa1N t°hrorr InN tN roNsNrttir ofkINa�arA wu:�t as rNil
breakwater rr_N«sN.Nml!I' bLAhead•.arNrt�dcwliwstru,turra tltrmn dtMrNarrlr other
nawt rnssgic a Nee lit) i� ter ��rt��k�,�. t,.�?l�lar�d ti��w� ofchemicals.
���"°°h'N�"'Fni-°r��ka����”r^�^t„N�na�rt*r•�w°d�'i^ptrN"�a�^w�sri��l�°fd�ic1°�•�^ai�'m••.rn^d,.�tf11 lw�i°r�rd.W,Y�`i.��..°wu�P°dt•N�M7r�•"9wk4�r�r�
a�L�r�°a�ty� tla�tmr�"-�sLafan�t,,,•to •t�l�a�St.a�t�5lmrrr�°ltn- r��°rne�r"�t=w�;-�,Nq��t�rlN�,Mas�tfn��e�� ddmrm-
t G,4fc ," 'r°r*ie " drnd"'a,,5 fff4Ae,,FAder-N' f+ed-Ji,44t t ,fit f rr n Cd ' .iN rNsd rw"tion):
"Shoreline environment dstt.d atNcrnrsNN air i ¢¢Nasstf cITaattn n mof sN°root'eNwries:. t�m(I Nm crt Nr 1pa l_shorelimne
tp sle f�N N ,NMi m tfNe� tra N.tr %dd r� UnifortrrmNi��sfis fN�mn Ott l�fy�Nw ¢��q�Nes �iN�tfm°tam���.t �r,ad�rto�rw�s_withi r°
distinctive ¢tuffeinedit slN[ioinelitie a�rre s.
"Shoreline L'iNnnF's Nea rk N ��n�rd" I�IC�ans a six N"Nw�erriber � ya i 4 cjk ra3iN body., t N'n cr��'R� �� tN1 i�NB � �w�7iN�NN lket�gls
g .�t.n .....��_ � �_. _...
an l2 sl"sµl:y.. t ° g a+ ya i!,. q y !2 the issuance of a sl,ioreliwti . a ri"bN ..enNfcaN er"rren'it Itr�r1 a1 w ls.
.y Nt NtywraruwL ntfaaan tcngnat of Lrallog Intra aaN rn mmrriarst:er° ftl rs errs _taxi mms "d �tNBr tiod,as lsi cgiAt psor
nwdn_gnN jg, nnde the SMA
"Shoreline drnodi fmia a"rotions" 1 -dins t'h se actions that rn�odnN'ifytN�sa aN eoN`�figp attggNa or c mNiitwc�� of the
shoreline aa UsuaN fana l N ll t s far str°dactNoa� rwN N hyo j al efierpent srarfu a�dN�d��..breakwater�:�
s ein r cfi basin fill bulkhead or otNae..m shoreline SI a tUre.�t.lrtN (,an include e. �tr"tion"bs such ;mss
,,
cNe rinn w°aarNirwnft far fS=aNit cabq of cfi rvrwraNs
"SI or chine statNmdl z atit. n" Narieans structural or non-strnjaur l rno lq"f cations to the xistarelia
n"ontrtq�dr�d tcn.,.reduce dawr_LiWN �va�rt"t gr asln to d f fend fsmnarr beaches. cq n ,i w ra�c wi°t r I"1.� a c n ) rr UNd NmITtimgm t
shoreline at or near the li 'Sf�N°stfi"tea°"ra«nntl:ertrtiodriiaifioti'n'f
.r�r�d"tN'�N"ierr�t�it�a°far�°I�-drl��� diem"�ifr are°N�aa"tai"N�,-��ttt�r��rai"r�as;_°e�N-o„ "nil �tfa"rn�
W044ferY,,)-dser •N.o tfa tid+rposd a f Haat af'N aif str air aMrN"ra ea tfd °, `r�aaia•d r�ri dt-der-N l
" h al¢l" r a aar s that thelc
aartdalaan aadlorsn re(, unred 4(
aril: ass there las a denYSon stratC'�d corn1 f )ellnii j reasolri
p_._�.._m .�». w.. _._ ... .. .,, _ �.. .�..
i rmmr aalenymm ftN the Shoreline N r er7aeant ct rn l tlrlsclmfr�rst ILdl�irn tf� ar,tion.
" k nj is ant ? s taa I NwR "'N41° t itl4mmV" � saner the l rla Y r� fJ m t ial1 1b Ga tr !,.L ���iLa °a�!,)c� far [OUnd CQV r"
a _. _ .._... ..
� t lr <err°iN,i ��,wgm ar�liri :ratan" g ur-ni ng,r Nnn°�tnrlc aI mearisothe activft fa nt cg s sj nificant ec�od B
ilITwwna aar,ts t'o fLNIN'id:tiaarns rfa rric ai" L�ay SLI! 9h ve e.Ldtdor"t.._l"fie rern nv l of invasive din noxious weeds does not
sores"tRt N err tlVN lL,1n!-yTv(1tL3flon rernoval. ra'�e �6�ni!j,'a._j2t i11CILC(fM1 p trge to M) qg, wlied it dCa 'nwfko iw,
affect c cdalrati,ca2l i.NITnra does ii i°mot Con tiWt"e S4�111MC veget.ati n"N rerznoval.
"Single Improved Recreational Vehicle Site" means a site on which a recreational vehicle, as defined in
16D.02.322, may be parked with minimal services (such as electricity, well and septic system), without a
garage or carport, and without large accessory buildings (small detached storage sheds or accessory
structures totaling 120 square feet or less may be allowed). Recreational vehicle sites not
meeting these criteria are considered single family residences.
March 20, 2013 15
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of
horizontal distance to vertical distance.
"Soft structural shoreline stabilization" means shoreline erosion control and r for ion far �qtices t b at
contribute to r st raflonj[ cLi ra or enhanc inent of shorefinem cgiloLaliIT �rrr�tigns, Solt structural
sonreline�st� biflizad rr�r i'yprr.�rll irra ludas �r r�rix ��f ratrel� eobk�le�> bt�uld'twrs�Nra sand r�a:,r�A �r� cit m�m�m0
l b ( G mtSN%VNC d� �Zm�I N gl,)Lli in non �lif"�ea " IUd hs l�. riq � d „?rra 1 4 rT d fit �_Vnea JC�r i4 w 8 a e '
are an indicator of Hard Structural Shoreline Stabilization see above definition
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not
limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction
wastes, abandoned vehicles or parts thereof, and discarded commodities. Solid waste shall not
include earth, clay, sand or gravel.
"Special flood hazard area" means the land in the floodplain identified by the Federal Emergency
Management Agency that is subject to a one -percent or greater chance of flooding in any given year;
commonly known as the 100 -year floodplain.
"Start of construction" for purposes of administering 16D.O5, means the first placement of permanent
construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. "Permanent construction" does not include land
preparation, such as clearing, grading and filling, nor does it include the installation of streets or
walkways; nor does it include excavation for a basement, footings, piers or foundations, or the
erection of temporary forms; nor does it include the installation on the property of accessory buildings,
such as garage, or sheds not occupied as dwelling units or not as part of the main structure. For a
structure (other than a manufactured home) without a basement or poured footings, the "start of
construction" includes the first permanent framing or assembly of the structure or any part thereof on
its piling or foundation. For manufactured homes not within a manufactured home park, "start of
construction" means the affixing of the manufactured home to its permanent site. For manufactured
homes within manufactured home parks, "start of construction" is the date on which the
construction of facilities for servicing the site on which the manufactured home is to be affixed
(including, at a minimum, the construction of streets, either final site grading or the pouring of
concrete pads, and installation of utilities) is completed.
"State 'ma terj,,)rC'9 ram" is the cutr N,r. lative total' of alll, shoreline.�_gia teLpjp&rb i,.s and aspien "1 "�" emit..„
"Stream" means water contained within a channel, either perennial, intermittent or ephemeral.
Streams include natural watercourses modified by man, for example, by stream flow manipulation,
channelization, and relocation of the channel. They do not include irrigation ditches, wasteways, drains,
outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses.
"Stream corridor," as used in this title, means those features listed and described in Chapter
16D.O6.03 and related appendices to this title.
Structure means au+�yt�la�rtu~�rl�rstiete° e � ,
i c r loeat f ra mt e...g iia .... r tt-ac-hed
->-Kwitwfmt+rg-t it,4g. 4e(. tfr).n-or+-.t4,,)�ew-gr trna ; •b 4 r'l('pt-iric�l,udtr4 f" 4 :e r=Awil"$,s-a's-feri a
r°" 1if-4l'y
;uta v . r urs r I.IgLiiL�te.11 IT)M_1g 1)q)q °a (1lific�e r building. or ae v i)iece of work artificial j'y built or
March 20, 2013 16
CITY OF YAKIMA SHORELINE MASTER PROGRAM
DRAFT
ctalnn nosy d o1 uuts annuua aN tca atllro w inn
_..__..t ....... _ l ..._ _.t...._.._so..nmmdef_immnite Innanner whether l stnar"�v beglo�the1
..,,-
surface f the noulrod or � 2. cc Lf!.
"Substantial �cvrmma....�2r eritshall ipean at)yfveN�t en o is the total or fair market value
..
e, ceedsmmfive, thousand clollaul s oro i�tyaJ�xvs�l �I n(Ln y�Bff� k� �r� � l;,;I lly irroterfen s ww, Itli ti- c(? nµnf)rti aN )ub is
use of the water or shorelinesof the state. The dollar ttian,csh ld established in this se (3 ?1
Iraust be ad used for NInJIntarsttwj� i6tc'..�n�fice of finaancial rn anattgj, roit eyLw� y %i�r ye��tj 2ggitn%nirnr� J�I� ..1
liD sr d r t t Nt cllgrtages Cdr ha a f sluunrawN;r riu e iiw ttcx daurlrmlwthat tlir�u mll M traroml T"Coronsuron�urMr° rice inde pA
re tro N"or uroWl an wa ':.e me r m and clerical lm worker r* w.aNl a lr s corn„L�iLp,w� :y. q°Icy It ron wr d of labor ani,
.m_...._. _ _. _....
tatbs uf, , is i ,lwa It w wcl�antrn ....................... iabr.�.T he office ofITfin ancia r nalia ae ment must calculate the n w
dollar threshold n1 transmit it tot e office of the code reviser fl)fnf aanmon_in tft q& tp.n tilt
i a Istetm t least mmone month before the new dollar threshold is to take effect. SeeITITITITIT_A 173-27-040 for a.
list of_dewv lttewlntswthat are not cITonsideredITSUbstaritial.
"Substantial improvement” for purposes of administering :t 6t :t)SSe tion t 7.09.0 0 means any repair,
reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the
assessed value of the structure either:
A. Before the improvement or repair is started; or
B. Before the damage occurred to a structure that has been damaged and is being restored.
For the purposes of this definition, "substantial improvement" occurs when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The total value of all improvements to an individual
structure undertaken subsequent to October 1, 1995, the effective date of this title, shall be used to
define "substantial improvement" for said structure. The term does not, however, include either:
A. Any project for improvement to a structure to comply with existing state or local health, sanitary or
safety code specifications which are solely necessary to assure safe living conditions; or
B. Any alteration of a structure listed on the National Register or Historic Places or a state inventory of
historic places.
"S�aubstantfail ale n ingt" nwanfs to ca u a n rnificant ecolo ical un];)act..
"Use" means the activity to which land or a building is devoted and for which either land or a building is
or may be occupied or maintained.
"Variance" is a eartswtcrg amamtrelweffr m the�aecifia. bulk dimensional ter Performa C! gt a dr mmset
forth hi ilk a i icabIle ntn ,iasterI f?roar°ar n end riot a rne�ans ta..var y, t gNsp fin,sho�elroro�e.
"Vegetative buffer or Buffer" means an area extending landward from the ordinary high water mark of
a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to
provide, under optimal conditions, adequate soil conditions and native vegetation for the performance
of the basic functional properties of a stream corridor, wetland and other hydrologically related critical
areas as set forth in Chapter 1613.06.05 (Functional Properties) and 16D.07.04 (Wetland Functions and
Rating). It is understood that optimal conditions do not always exist due to degradation of the
vegetative buffer before establishment of this title, or due to colonization by non-native species. Such
conditions still provide functional properties, though at a lower level, depending on the difference from
natural conditions.
March 20, 2013 17
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
„m3mtshpirNoInNc'",-Cl<80p j.¢YNn GadiN°m4 eMi &C%Y[flw'
niwp Ajif�n arncdlwdol nofwwiw , tc n fer with the r'norn'nnal' public use o the water.
"Watel d eLicienit use"" nnneans a rase o1 n�ortnorn of a Use which cannot exist in a location that is not
.__..m .1�. _...__. ......... l .........�.. _........_....................... _.....�............_
a rrc frgmmt to the water and wimi"if h ismf�ir%r"nr�N�rin qct cnanmR frf Wf ly rrast)Nwr ofthe intrinsic naturemo) its
operations.
" .ter-en°o ent use" means a recreational use or other use that facilitates ulic access o the
.............._.�........_ J......X ..........._............._.._....................................................................................................................����.........���......_.��._._..��..��._����......pI_.�..................._......A..............._...............
shoreline aaj,, Lnr),iclacliai'act d N ttr of the ins, or vi(jes ,for recn°ealNcpn� Bwwuse aosth(,�tic
wtr�t
fnnn�nnp,t: f the horeline for a substantial number of neo AL, ins a lenneral characte'ristnc:, of ig use 411cl
which tlnNougMr I do N s, UJ Me, !qo n ensures the pub "IWs bi Lt xp tf , 11 .slr tl and
gr'at N" p& ldcN�r N4 re" � theshoreline,-ImN' Cn N p NN nINf a cn WP (n 4 Inl } rnl nni 49 � tl�{�ITuse Nn11iu t ��� m,n q"N
t i _...._._ ._ .__. �--.�.".i _... � 1......_.
to tiny 'ep"tnlr�w�w tnl 111 aNwtrt thesl"ncnCa�li"a`un.Mo�iep�ted l ace rit_l"Han tY ewr'rn "I nG ssl hen rwa i! ,tedw tCkw IwVi'
s rLcgfgfic asp(L.c s„ 4 the use that fosters shoreline err ent,
"Water -oriented use" means rngns n' use %i n"nt is water -de 0.N n B n "t('N N n en'' or �N q�le'
combination of such uses.
�tNnfl.l.dy'"..rwrccsth4 L�'tssdcl:NNaclN"Nslq�fsnnf�ract" rrtttl"rnlr"rl�N�cJ�n"is�lcdwn�"bdrfVlll"ryrt"n.
fJA ratily'lly"dqq!QRLcll.mr�l"nysr f�ac,��ll �n �st8�cti ,jgcreLtt:iag,jc laced and bio, (T l characteristics.
?+ h!G"Ne rITNITsuITd nrN thrS d11 car the tr�n�Ya,, "nwentCMITrITd cnafr�ft nu pefens CiN�N tcn Cic�yIT 1p �Vnni L L:nnd Lt'es re',.L �'d
tri" r,.t.....ismmc t r ri .. ,ff ct.r.!? .- " " r u. "tit ...-sm c ._ .s....1 ....p .r..""". i..._I.g...s wr a,c s..an ...storm.. ter
INannr liNN rnn n"ct? f s_ +/U ter fi nNttrty car fa o a f f iv�s NW �)�,n°jo s�n;otinea n the withdrawal of
r roinpncJ we'DN"Cnq' oN' cJiversiocn caf e"nrfac.c� watt r rdq"snnarn4: to RCW 90M,2I thrrn�t ; , 40.
"Water -related use" n�nean°rWa1 usll or nortionn of a n.nse which is not Nntrinsicall c, - � "aipwCdtwrW�Int on �i "�+Pc�i.er.l_ron�t'
i0016011 lncit whose econoroic'viahiBit ro de m �il��^n_I �N: i a aterffronnt loc ti n beCaUs
C. 'r,hc� case lias a Nnrtaa gNal ntprr ron qnn Nnt„f r a wateffront location such as therrival.caNµs�n � n�rN�1 of
matedLn(L, by w L)Le!: ur iNle q°a eeljg rLa ri,e,, uannti ”. esnf'N ateror
t
D. The nn' m, xirr4ut
the use to its customers makes its services less exoensive and/or more convenient.
"Wetland" or "wetlands" means that area inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non -wetland sites, including, but not limited to, irrigation and drainage
ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created
as a result of the construction of a road, street, or highway. However, wetlands may include those
artificial wetlands specifically intentionally created from non -wetland areas to mitigate conversion of
wetlands.
"Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild
state. The term "wildlife" includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or
invertebrate, at any stage of development. The term "wildlife" does not include feral domestic
mammals or the family Muridae of the order Rodentia (old world rats and mice).
March 20, 2013 18
CITY OF YAKIMA SHORELINE MASTER PROGRAM
DRAFT
"Wildlife habitat" means areas which, because of climate, soils, vegetation, relationship to water,
location and other physical properties, have been identified as of critical importance to maintenance of
wildlife species.
ne.W�^ri�•�'x���'�°„r�'W ��"�"C��.tl~�i�fl��e�.Nk..�1N: �':_..�?..I��1�'3a,•Y•�k�•F`��:M :� .,„ .�. r�'�l'��"�tl�'b=�°w `�,kB�' �......',�C� ���-�i�F^�,�'�h��^� tl �'uaf; a
March 20, 2013 19
DRAFT
CITY OF YAKIMA SHORELINE MASTER PROGRAM
..'lll""'EMTIX6 IIMEETNG� ' w llh°°° 1116 III 1116 6 III°°° III' III' Ilf° IIIIIIII .. � '' III
"° pi
1111 - S h°°°0 R6 6... HVI 11 1 116„ J L......A I III A:° Y
* Discussion priorities
March 27 —Jeff
• Chapter 17.01 Purpose and General Provisions
• Chapter 17.03 Finalize Use Matrix with Planning Commission comments*
• Chapter 17.13 Administration and Enforcement
April 10 — Lisa
• Section 17.05.040 Public Access*
• Section 17.07.050 Commercial Development
• Section 17.07.090 Industry
• Section 17.07.120 Recreational Development
• Section 17.07.130 Residential Development
• Section 17.07.170 Transportation
• Section 17.07.180 Utilities
• Section 17.07.190 Redevelopment, Repair, and Maintenance*
• Chapter 17.11 Existing Uses, Structures and Lots*
April 17 (special meeting date) —Jeff
• Section 17.05.010 Archaeological and Historic Resources
• Section 17.05.040 Water Quality, Stormwater, and Nonpoint Pollution
• Section 17.07.010 Agriculture
• Section 17.07.020 Aquaculture
• 17.07.070 Fill
• 17.07.110 Mining
• 17.07.140 Shoreline Habitat and Natural Systems Enhancement Projects
• 17.07.160 Signs
May 8 — Amy
• Section 17.05.020 Environmental Protection*
• Section 17.05.030 Shoreline Vegetation Conservation*
• Section 17.05.060 Flood Hazard Reduction*
• Section 17.07.030 Boating and Private Moorage Facilities
• Section 17.07.150 Shoreline Stabilization
• Chapter 17.09 Critical Areas*
May 22 —Jeff
• Section 17.03.080 Development Standards*
• Section 17.07.040 Breakwaters, Jetties, Groins and Weirs
• Section 17.07.060 Dredging and Dredge Material Disposal
• Section 17.07.100 In -Stream Structures
March 19, 2013 Schedule of SMP Topics 1
DRAFT
June 12 —Jeff (Lisa and Amy remotely?)
0 Restoration Plan
• Cumulative Impacts Analysis
July / August
• Wrap up edits to SMP
• Produce final draft for public hearing
September
• PC hearing and recommendation on SMP
CITY OF YAKIMA SHORELINE MASTER PROGRAM
October/ November
• Yakima City Council Public Hearing and Adoption of SMP
CHAPTER 17 - SHORELINE
REGULATIONS
R
EIIRWIIW':w SECTID11'E
WEE WAiEEE"WIIIEC DAWW';;
WEE" W Rlll!EEWREEIII'°
E�WISCUS IIAIIN?
17 01 AND i WIII''W�WIII III AIII..
III°W' W"WAIVE"IIIW W'EE
17.01.010 Authority
March 27
Jeff
17.01.020 Applicability
March 27
Jeff
17.01.030 Findings
[pending]
17.01.040 Purpose
March 27
Jeff
17.01.050 Relationship to Other
March 27
Jeff
Codes, Ordinances and
Plans
1_7.01.060 Liberal Construction
March 27
Jeff
17.01.070 Severability
March 27
Jeff
17.01.080 Effective Date
March 27
Jeff
17.01.090 Definitions
March 27
Jeff
17.01.100 Shoreline Jurisdiction
March 27
Jeff
17.(113 S1
Oil ESR lllEAIIIWW':NYS
17.03.010 Floodway / Channel
February 13,
Migration Zone (CMZ)
February 27, March
13 (DONE)
17.03.020 Urban Conservancy
February 13,
February 27, March
13 (DONE)
WWW......
_..�
17.03.030 High Intensity
February 13,
February 27, March
13 (DONE)
17.03.040 Essential Public
February 13,
Facilities
February 27, March
13 (DONE)
p
17.03.050 Shoreline Residential
February 13,
February 27, March
13 (DONE)
March 19, 2013 Schedule of SMP Topics 2
DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM
March 19, 2013 Schedule of SMP Topics
�i�'� ��III';::;Iflll'"II
III°'Will''; IIIIEImm'IIIIII�I V�..
Ci"!'I�W"!SII ).?
S
17.03.060
Aquatic
February 13,
February 27, March
13 (DONE) ........................
. .............................
17.03.070
Shoreline Use and
February 13,
Jeff
Modification Matrix
February 27, March
13, and March 27
_
w..-..-._. ........
...........
17.03.080
Development
May 22
Jeff
Standards
17.03.090
........�
Official Shoreline Maps
March 27
Jeff
and Unmapped or
Undesignated
Shorelines
17.03.100
Pre -Designation of
March 27
Jeff
Urban Growth Areas
1.7 (15
G IIkIIIC hil E I41 A IIL. IIC'
W W W .....
17.05.010
....... .........
Archaeological and
Historic Resources
17.05.020
Environmental
May 8
Amy
Protection
.. .............. ......
17.05.030
Shoreline Vegetation
May 8
Amy
Conservation
17.05.040
Water Quality,
April 17
Jeff
Stormwater, and
Nonpoint Pollution
17.05.050
Public Access
April 10
Lisa
17.05.060
Flood Hazard
May 8
Amy
Reduction
13 .07
III IIII'....�III III IIII'll'I� ` IIND III J0 IIwllllll
CA III""III()ILI Ill1E(31H AIIONS
17.07.010
Agriculture
April 17
Jeff
17.07.020
Aquaculture
April 17
J Jeff
17.07.030
Boating and Private
May 8
Amy
Moorage Facilities
17.07.040
Breakwaters, Jetties,
May 22
Jeff
Groins and Weirs
17.07.050
Commercial
April 10 _
Lisa
..........Development
17.07.060
Dredging and Dredge
May22
Jeff
Material Disposal
17.07.070
Fill
April 17
Jeff
17.07.080
Forest Practices
NA
. ..... .....----
17.07.090
Industry
April 10
Lisa
17.07.100
In -Stream Structures
May 22
Jeff
17.07.110
MiningApril
17
Jeff
17.07.120
Recreational _
April 10
Lisa
Development
March 19, 2013 Schedule of SMP Topics
DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM
March 19, 2013 Schedule of SMP Topics
1!111:
II
S MIII':S E(IT"10hi
IT METING IA TE
I(Jl':Y III"1 ESE NTE11
�IImO S 014?
17.07.130
Residential
April 10
Jeff
Development
17.07.140
Shoreline Habitat and
April 17
Jeff
Natural Systems
Enhancement Projects
17.07.150
Shoreline Stabilization
May 8
Amy
17.07.160
Signs
April 17
Jeff
17.07.170
Transportation
April 10
Lisa
.......
17.07.180
Utilities
April 10
Lisa
17.07.190
Redevelopment,
April 10
Lisa
Repair, and
Maintenance
...........................................
II
1.7 09
11I',RIT1TT111.. III'!?EAS
17.09.010
General Provisions
May 8
Amy
17.09.020
Flood Hazard Areas
May 8
Amy
17.09.030
..........................
Fish and Wildlife
May 8
Amy
Habitat and the
Stream Corridor
System
17.09.040
Wetlands
May 8
Amy
17.09.050
Geologically Hazardous
May 8
Amy
Areas
17.09.060
Critical Aquifer
May 8
Amy
Recharge Areas
_� ...._.
IIL"'".:L'
TI1�IIIG iII,.W,: IIII S''TRill.,lli(".i..
1': '�i 1 " � w .
IIC1 ES A IBJ IIC:',I IIL.fI'.)I'
17.11.010
Nonconforming Uses
10
Vpr
Lisa
.................
17.11.020
Nonconforming
_
10
Lisa
Structures
17.11.030
Nonconforming Lots j
April 10
Lisa
17 .13
MI INIII TIII'!Uk l KY: q ADP
III''' 1 iIII I:'IIII' fw III III IIII III' IT
17.13.010
Roles and
March 27
Jeff
Responsibilities
17.13.020
Interpretation
March 27
Jeff
17.13.030
Statutory Noticing
March 27
Jeff
Requirements
17.13.040
Application
March 27
Jeff
Requirements
17.13.050
Exemptions from
March 27
Jeff
Shoreline Substantial
Development Permits
17.13.060
Shoreline Substantial
March 27
Jeff
Development Permits
17.13.070
Shoreline Conditional
March 27
Jeff
Use Permits
17.13.080
Shoreline Variance
March 27
Jeff
March 19, 2013 Schedule of SMP Topics
DRAFT CITY OF YAKIMA SHORELINE MASTER PROGRAM
March 19, 2013 Schedule of SMP Topics
_
I�' I(NIUIII"IOI
I
„TP SECTIONJ
I I i"ENG DATE
I '
�IF I T
ISU SIII0tm1
Permits
17.13.090 Duration of Permits
March 27
Jeff
17.13.100 Initiation of
March 27
Jeff
Development
17.13.110 Review Process
March 27
Jeff
17 .13.120 Appeals
March 27
Jeff
17.13.130 Amendments to
March 27
Jeff
Permits
17.13.140 SMP Amendments
March 27
Jeff
17.13.150 Enforcement
March 27
Jeff
17.13.160 Monitoring
March 27
Jeff
March 19, 2013 Schedule of SMP Topics
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
YAKIMA SHORELINE MASTER PROGRAM
Preliminary Chapter 17.01
PRELIKHNARY 1.7.01. PURPOSE AND CiENERNI.. PROVISIONS
17.01.010 Authority
Consultant note: The County's Regional SMP addressed not only its shoreline jurisdiction, but also
critical area regulations outside of shoreline jurisdiction. We have amended the sections below to be
applicable to the City's shoreline jurisdiction only.
A. ` 4I it44a t m, ty a ( .C} t t ITN n N n. .1.7 of the Yakima Municipal icipal Cod is established pursuant to
Fetnpnr)n4,RCW Chapter 90.58 (Shoreline Management Act), ice'-fr4.ttte
t Oat r nit4, I atrstt� +4 tri tk Coe f N f gra & e f ,Nan ? 2 5L t�_� Q� ,,, m
apprc�vaNarnndrnnt procedures and rrN„a,st�IT ppngiruii��r�wunnt��rN / /�I�nw;tir¢ IINr:
jLig and ntrrtumml.j,Loteejures, This title shall be known as the "Shoreline
Master Program iatt�tyM ��n9nar�raa6n1mmrr.��
B. iitNnn�deorrnn-..yialra ��ntnlaNfriwcr:nrf..: w. 7
St reltn4r s 4 l:..tin M.� 4 trl N ,n n N r n� i n,r .. n Nor i i Na n �N V"44mv a- f r
The Shoreline Master Program Regulations shall, for the purposes of 36.70A.480 (GMA and
Shorelines of the State) be considered a set of use regulations applying only to shoreline areas as
specified in RCW 90.58 (SMA) and WAC 173-26 (tls:i ibramarra i�lryt�Irno-rurr
tL1k(L,e L ry , aNna an r_.Pr: n r mn� „u nN i �r wx C N 4 r i 4�nne ). These regulations are intended to be
substantive legal rules and procedures used to implement the goals and policies of the Master
Program L se ggi�b grl rralrcit nrt ronN b�ingwciwarmi the Cit of Y kirna f;�t�rtn�rc he.ls v�, N11 �N��ap� � a10,
sirs General ShorefineN V w nuiin �r� NWtN1 t1.1 -fl. These regulations shall be applied and
interpreted in a manner consistent with the remainder of the Master Program or the Act.
17.01.020 Applicability
Consultant note: We have amended the sections below to be applicable to the SMP only (not to critical
areas regulations outside of shoreline jurisdiction); we have removed references to activities we believe
are not applicable to the City and UGA. Please also note, we will have a separate section on non-
conforming or pre-existing uses in Chapter 17.11.
A. The provisions of this title shall apply to any new development, construction or use within the
incorporated portion of Ltyrf Ya1kirna,
v nrwh tvt .-atlr�tt al..tf4o-s r ;rrar4el S b d aipr4 t tN m4ns itica� rea it sirr.r .Slm�r )n- &ire-jtu 's'd it, t4in
rN,B�fl44 t l,ma„s,,, tr r elif:I#rJ,tK- it : mH4- M4d- e -,i g,1.1a 4, F4 - a-, 'a -pi p e e, i3( Irao, d-1 r -d - a f ea nrn4 fi n- 110. iN4rtrl It4tirw�Pp4agrirrWt)N4owever, this title does not apply to the situations below-
��t;rp4�I4ratlnt~�..Iet�-N�rdl�,�p.n�r�tr�ctitt �twa�v�isranns.-�4f�w�:�'4�n�tt 5-v�fl-.i.�m��tt�it.nr:�-tt��.N;�.,l.y�4.n,
t4I44nnnt4y tlprtewlNtty..prvsiet nn I:t:,CCi
March 20, 2013
CITY OFvxmxxA SHORELINE MASTER PROGRAM
4. Maintenance of the fQLlqALmZ.�istinRfaci Ltjes that do not ex and the affected area is not
yA
March 20,013
CITY OF YAKIMA SHORELINE MASTER PROGRAM
4�5. Changing agricultural crops within an existing farming operation is not considered new
development, construction or
3) gthgi.dgyg[qpMenj on_pgEicultural land that does not meet the definitio,n_of ggr�ii;L�ftura�
-7-6. Minor, temporary or transient activities, including those of recreational nature, that do not
alter the environment or require a dedicated staging area, use area, or route are not subject to
this title, and including temporary signs (election, sale, rent, etc.);
obtah'i a Shorelinejjg�D2it unless otherwisejL,I�,firvd_hy or unless the state by
le pq�qg_qf
lo _Ell federal
,f _Q !y.owned land Linder a federal lease or easement for a non
to p iyate activ' iqsoUfg�gEal land such as leases where thg_private citizen owns the structure
owns the I'll
to the feder ov H or it is within the boundailes of
federal owners4filLLILLtess the state b I i! as ceded all r d era: I
14a,N,4+440 045--a 044416PK -t
��`
March 20, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM
17.01.030 Findings
DRAFT
Consultant note: Section to be inserted at time of Planning Commission recommendation to Council.
Typically, findings would state natural and built environment conditions that illustrate local
circumstances. For example, the findings could describe the Yakima Greenway as an important
consideration in the SMP. Another factor could be the presence of existing development along
manmade lakes. Yet another could be the importance of the Yakima River in terms of flood control and
habitat.
17.01.040 Purpose
The purpose of .y YMC Tirtlle Zi 7 is to establish a single, uniform system of procedures and
standards to be applied to development within Shoreline jurisdiction ofor�,�
,icwiyaka ttywa-rtfpaielraa o0rt wJAire„.vtdi �.ea��,i.5ili. The
SMP regulations are intended to carry out the responsibilities imposed onr:ai
gfjiwaia by the Shoreline Management Act (RCW 90.58) and its Administrative Rules (WAC 173-18, WAC
173- 20, WAC 173- 22, WAC 173- 26 and WAC 173- 27) insofar as regulations can, and the adoption of
these regulations does not remove other responsibilities imposed by the Act. The purposes. of the
Shoreline Master Program Regulations are to:
A. Promote reasonable and appropriate use of the shorelines that will protect the public and
private interest;
B. Protect against adverse effects to the public health, the land, its vegetation and wildlife and the
waters and their aquatic life within Lec ' lI urr m;
C. Protect public rights of navigation;
D. Recognize and protect private property rights consistent with public interest;
E. a high quality of environment along the shorelines;
F. Preserve and protect fragile natural resources and culturally significant features;
G. Increase public access to publicly owned areas of the shorelines where increased use levels are
desirable;
H. Protect public and private properties from adverse effects of improper development in hazardous
shorelines areas;
I. Recognize and protect Ifie statewide interest;
J. Give preference to uses that result in long-term over short-term benefits; and
K Provide for no net loss of ecological functions cunstdativelyr_from both individual permitted
development and individual exempt development.
4(7L. Provide fior of y U'Le edtaic tit as leiined in mR W 90m'i 8,1010!eeiyie jj rqgLr`iate^ or, nece.,ssatyw.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
17.01.050 Relationship to Other Codes, Ordinances and Plans
the th plication or initial.L�1qqiry,,,1he Shoreline AdiminisLrator shall ink')rrn the
App,1icar!lLpropQUELrIt.of other local laws and rules.jh�.@InLay be U ablq-L hp
and comp!y_�qA_A�ith �he same rests with the ap
the aqJyqy,_pc>(
�,B. This SMP includes critical areas rgjiqJiCfons ap,,)lif, t�jg� I ) ine d i L' i o I "..auAd AM!
control within shorelinejLiLL�!Lflction over olhe)r 0tv critkal area regyj�ijions.��IQp
the
GrowthjAp12Mg1pg_L1t Act,
Other rules and regullations, including but not lirnited tothe
(YU 441P
shall
remain in full force and effect as they apply to a designated
AA`D.Wherever the requirements of Title 17 conflict with the requirements of
�Liy1o|esorregulations, the most restrictive standards shall govern.
17.01.060 Liberal Construction
ere enac'ted.
17.01.070 Severability
if any provision of the ordinance codified in this title, or its application to any person or legal entity or
circumstances is held to be invalid, the remainder of said ordinance or the application of the provision to
other persons orlegal entities orcircumstances shall not beaffected.
17.01.080 Effective Date
The SUP is On the XX date oi XXL.Q1,L"LLiJs SIVIP and all amendments thereto shall
become effective up fijaLAp
17.01.090 Definitions
Consultant Note: Definitions are addressed in a separate document as they will continue to evolve
frequently as the Draft SMP is prepared.
17.01.100 Shoreline Jurisdiction
Consultant Note: This section bpending. The shoreline jurisdiction is evolving, but inany case follows
SMP laws and rules. See prior consultant memos in February and March 2013 meetings.
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17.13.010 Roles and Responsibilities
The City shall administer the Shoreline Master Program (SMP), collectively Title 17 and the associated
goals and policies contained in Comprehensive Plan Chapter 10, Section 3, according to the following
roles and responsibilities:
A. Shoreline Administrator. The Shoreline Administrator in the City of Yakima is the Community
Development Director. The Shoreline Administrator shall have overall administrative responsibility
of the SMP. The Shoreline Administrator or his/her designee is hereby vested with the authority to:
1. Administrate this SMP.
2. Make field inspections as needed, and prepare or require reports on shoreline permit
applications.
3. Grant or deny exemptions from Shoreline Substantial Development Permit requirements of this
SMP.
4. Authorize, approve or deny Shoreline Substantial Development Permits.
5. Authorize, approve or deny Shoreline Conditional Use Permits
6. Make written recommendations to the Hearing Examiner, Planning Commission, or City Council
as appropriate.
7. Advise interested persons and prospective applicants as to the administrative procedures and
related components of this SMP.
8. Collect fees for all necessary permits as provided in City ordinances or resolutions. The
determination of which fees are required shall be made by the City.
9. Make administrative decisions and interpretations of the policies and regulations of this SMP
and the Act in accordance with the Yakima Municipal Code.
B. SEPA Official. The responsible SEPA official or his/her designee is authorized to conduct
environmental review of all use and development activities subject to this SMP, pursuant to WAC
197-11 and RCW 43.21C. The responsible SEPA official is designated in accordance with the City's
SEPA implementation ordinance.
C. Hearing Examiner. The Hearing Examiner shall have the authority to:
1. Decide on appeals from administrative decisions issued by the Shoreline Administrator of this
SMP.
2. Grant or deny variances from this SMP.
3. The Hearing Examiner may, at the request of the Shoreline Administrator, receive and examine
available information, conduct public hearings and prepare records and reports thereof, and
issue recommendations to the council based upon findings and conclusions on applications for
shoreline substantial development permits and conditional use permits.
D. Planning Commission. The Planning Commission is vested with the responsibility to review the SMP
as part of regular SMP updates required by RCW 90.58.080 as a major element of the City's planning
and regulatory program, and make recommendations for amendments thereof to the City Council.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
E. City Council. The City Council is vested with authority to:
Initiate an amendment to this SMP according to the procedures prescribed in WAC 173-26-100.
Adopt all amendments to this SMP, after consideration of the recommendation of the planning
commission, where established. Amendments shall become effective upon approval by Ecology.
17.13.020 Interpretation
A. The City shall make administrative decisions and interpretations of the policies and regulations of
this SMP and the Act in accordance with the Yakima Municipal Code.
B. The City shall consult with Ecology to ensure that any formal written interpretations are consistent
with the purpose and intent of chapter 90.58 RCW and 173-26 WAC.
C. The application of this SMP is intended to be consistent with constitutional and other legal
limitations on the regulation of private property. The Shoreline Administrator shall give adequate
consideration to mitigation measures and other possible methods to prevent undue or
unreasonable hardships upon property owners.
17.13.030 Statutory Noticing Requirements
Applicants shall follow the noticing requirements of the City. At a minimum, the City shall provide notice
in accordance with WAC 173-27-110, and may provide for additional noticing requirements. Per WAC
173-27-120 the City shall comply with special procedures (public notice timelines, appeal periods, etc.)
for limited utility extensions and bulkheads.
The following subsections provide a summary of noticing days. The City shall consult the most current
version of WAC 173-27-110 and 120 to confirm the days. In case of conflict state statutes or rules shall
control:
A. Issuance of notice of application. Notice of application shall be provided within fourteen days after
the determination of completeness of the application.
B. Statement of public comment period. The notice of application shall state the public comment
period which shall be not less than thirty days following the date of notice of application, unless
otherwise specified for limited utility extensions or single family bulkheads below.
C. Notice of application prior to hearing. If an open record predecision hearing, as defined in RCW
36.706.020, is required for the requested project permits, the notice of application shall be provided
at least fifteen days prior to the open record hearing.
D. Limited utility extension or single-family bulkhead. An application for a Substantial Development
Permit for a limited utility extension or for the construction of a bulkhead or other measures to
protect a single-family residence and its appurtenant structures from shoreline erosion shall be
subject to all of the requirements of this chapter except that the following time periods and
procedures shall be used:
1. The public comment period shall be twenty days. The notice provided shall state the manner in
which the public may obtain a copy of the City's decision on the application no later than two
days following its issuance;
2. The City shall issue its decision to grant or deny the permit within twenty-one days of the last
day of the comment period specified in subsection (2)(a) of this section; and
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
3. If there is an appeal of the decision to grant or deny the permit to the Hearing Examiner, the
appeal shall be finally determined by the Hearing Examiner within thirty days.
Consultant note: In WAC 173-27-120, reference is made to an appeal going to a "local legislative
authority". We are investigating this language as it would typically refer to a city council, but most
agencies have their hearing examiners address appeals.
17.13.040 Application Requirements
A. A complete application for a Shoreline Substantial Development, Shoreline Conditional Use, or
Shoreline Variance Permit shall contain, at a minimum, the information listed in WAC 173-27-180. In
addition, the applicant, including those applying for exemption status, shall provide the following
materials:
1. An assessment of the existing ecological functions and/or processes provided by topographic,
physical and vegetation characteristics of the site and any impacts to those functions and/or
processes, to accompany development proposals, provided that proposals for single-family
residences, as long as they meet the exemption criteria, shall be exempt from this requirement
if proposal is located outside required buffers. When the project results in adverse impacts to
ecological function and/or processes, a mitigation plan must be provided that describes how
proposed mitigation compensates for the lost function or process.
2. Site plan or division of land depicting to scale the location of buildable areas, existing and
proposed impervious surfaces (building(s), accessory structures, driveways), and allowed
landscaping and yards (including proposed water access trails, view corridors, wildfire defensible
space, if applicable), general location of utilities, well and septic system, if applicable and
location of storage and staging of materials and equipment during construction. Plans shall
show area calculations of each feature.
3. The location of any mapped channel migration zone floodplain, and/or floodway boundary and
critical Areas, if known, and respective setback/buffer areas on and within 250 feet of the
vicinity of the project site and all applicable buffers.
4. Where a view analysis is required per WAC 173-27-180 it shall address the following:
a. The analysis shall include vacant existing parcels of record as well as existing structures.
Vacant parcels of record shall be assumed to be developed with structures complying
with the applicable regulations of the City and the maximum height limitation allowed
under the SMP.
b. The view corridor analysis shall include residential buildings or public properties located
outside of the shoreline jurisdiction if it can be clearly demonstrated that the subject
property has significant water views.
c. The analysis shall include vacant existing parcels of record as well as existing structures.
Vacant parcels of record shall be assumed to be developed with structures complying
with the applicable regulations of the City and the maximum height limitation allowed
under the SMP.
d. The view corridor analysis shall include residential buildings or public properties located
outside of the shoreline jurisdiction if it can be clearly demonstrated that the subject
property has significant water views.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
The Shoreline Administrator may vary or waive these additional application requirements according
to administrative application requirements on a case by case basis, but all applications for a
substantial development, conditional use, or variance permit shall contain the information found in
WAC 173-26-180.
C. The Shoreline Administrator may require additional specific information depending on the nature of
the proposal and the presence of sensitive ecological features or issues related to compliance with
other City requirements, and the provisions of this Title.
17.13.050 Exemptions from Shoreline Substantial Development Permits
A. The City shall exempt from the Shoreline Substantial Development Permit requirement the shoreline
developments listed in WAC 173-27-040 and RCW 90.58.030 (3)(e), 90.58.140(9), 90.58.147,
90.58.355 and 90.58.515.
B. Letters of exemption shall be issued when a letter of exemption is required by the provisions of
WAC 173-27-050. Otherwise the exemption status shall be documented in the project application
file.
17.13.060 Shoreline Substantial Development Permits
A. A Shoreline Substantial Development Permit shall be required for all development of shorelines,
unless the proposal is specifically exempt per Section 17.13.050.
B. A substantial development permit shall be granted only when the development proposed is
consistent with:
The policies and procedures of the SMA;
The provisions of WAC 173-27;
Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and
4. This Title 17.
C. The City may attach conditions to the approval of permits as necessary to assure consistency of the
project with the Act and this SMP. Additionally, nothing shall interfere with the City's ability to
require compliance with all other applicable laws and plans.
17.13.070 Shoreline Conditional Use Permits
A. This section provides procedures and criteria guiding the review of shoreline conditional use
permits, which require careful review to ensure the use can be properly installed and operated in a
manner that meets the goals of the Act and this Program in accordance with any needed
performance standards. After a Shoreline Conditional Use application has been approved by the
City, the City shall submit the permit to Ecology for Ecology's approval, approval with conditions or
denial. Ecology shall review the file, in accordance with WAC 173-27-200.
B. Uses specifically classified or set forth in this Shoreline Master Program as conditional uses shall be
subject to review and condition by the City Hearing Examiner and by the Department of Ecology.
C. Other uses which are not classified or listed or set forth in this SMP may be authorized as
conditional uses provided the applicant can demonstrate consistency with the requirements of this
Section and the requirements for conditional uses contained in this SMP.
D. Uses which are specifically prohibited by this SMP may not be authorized as a conditional use.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
E. Uses which are classified or set forth in the applicable master program as conditional uses maybe
authorized provided that the applicant demonstrates all of the following:
1. That the proposed use is consistent with the policies of RCW 90.58.020 and the master program;
2. That the proposed use will not interfere with the normal public use of public shorelines;
3. That the proposed use of the site and design of the project is compatible with other authorized
uses within the area and with uses planned for the area under the comprehensive plan and
SMP;
4. That the proposed use will cause no significant adverse effects to the shoreline environment in
which it is to be located; and
5. That the public interest suffers no substantial detrimental effect.
In the granting of all conditional use permits, consideration shall be given to the cumulative impact
of additional requests for like actions in the area. For example, if conditional use permits were
granted for other developments in the area where similar circumstances exist, the total of the
conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not
produce substantial adverse effects to the shoreline environment.
G. In authorizing a conditional use, special conditions may be attached to the permit by the City or
Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the
project with the SMA and this SMP.
H. Nothing shall interfere with the City's ability to require compliance with all other applicable plans
and laws.
17.13.080 Shoreline Variance Permits
A. The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in
this Shoreline Master Program where there are extraordinary or unique circumstances relating to
the property such that the strict implementation of this Shoreline Master Program would impose
unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. Variances
from the use regulations of the SMP are prohibited.
B. After a Shoreline Variance application has been approved by the City, the City shall submit the
permit to Ecology for Ecology's approval, approval with conditions or denial. Ecology shall review
the file in accordance with WAC 173-27-200.
1. Variance permits should be granted in circumstances where denial of the permit would result in
a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must
demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer
no substantial detrimental effect.
2. Variance permits for development and/or uses that will be located landward of the OHWM, as
defined in RCW 90.58.030 (2)(b), and/or landward of any wetland as defined in RCW 90.58.030
(2)(h), may be authorized provided the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or performance standards set forth in
the SMP precludes, or significantly interferes with, reasonable use of the property;
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
That the hardship described in criterion "a" of this subsection is specifically related to
the property, and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of the SMP, and not, for example, from deed
restrictions or the applicant's own actions;
That the design of the project is compatible with other authorized uses within the area
and with uses planned for the area under the comprehensive plan and SMP and will not
cause adverse impacts to the shoreline environment;
d. That the variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
e. That the variance requested is the minimum necessary to afford relief; and
f. That the public interest will suffer no substantial detrimental effect.
3. Variance permits for development and/or uses that will be located waterward of the OHWM, as
defined in RCW 90.58.030 (2)(b), or within any wetland as defined in RCW 90.58.030 (2)(h), may
be authorized provided the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or performance standards set forth in
the applicable master program precludes all reasonable use of the property;
b. That the proposal is consistent with the criteria established under Regulation B.2 above;
and
c. That the public rights of navigation and use of the shorelines will not be adversely
affected.
C. In the granting of all variance permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area. For example if variances were granted to other
developments and/or uses in the area where similar circumstances exist the total of the variances
shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial
adverse effects to the shoreline environment.
17.13.090 Duration of Permits
Time duration requirements for Shoreline Substantial Development, Shoreline Variance, and Shoreline
Conditional Use Permits shall be consistent with the following provisions.
A. General provisions. The time requirements of this section shall apply to all Shoreline Substantial
Development Permits and to any development authorized pursuant to a Shoreline Conditional Use
Permit or Shoreline Variance authorized by this Chapter. Upon a finding of good cause, based on the
requirements and circumstances of the project proposed and consistent with the policy and
provisions of this SMP and this Chapter, the City may adopt different time limits from those set forth
in Subsections B and C of this section as a part of an action on a Shoreline Substantial Development
Permit.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
B. Commencement. Construction activities shall be commenced or, where no construction activities
are involved, the use or activity shall be commenced within two years of the effective date of a
Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance.
Commencement means taking the action on the shoreline project for which the permit was granted
shall begin. For example, beginning actual construction or entering into binding agreements or
contractual obligations to undertake a program of actual construction. However, the City may
authorize a single extension for a period not to exceed one year based on reasonable factors, if a
request for extension has been filed with a complete extension application submittal before the
expiration date and notice of the proposed extension is given to parties of record on the Shoreline
Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance and to
Ecology.
C. Termination. Authorization to conduct development activities shall terminate five years after the
effective date of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or
Shoreline Variance. However, the City may authorize a single extension for a period not to exceed
one year based on reasonable factors, if a request for extension has been filed before the expiration
date and notice of the proposed extension is given to parties of record on the Shoreline Substantial
Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance, and to Ecology.
D. Effective date. The effective date of a Shoreline Substantial Development Permit, Shoreline
Conditional Use Permit, or Shoreline Variance shall be the date of receipt as provided in RCW
90.58.140(6). The permit time periods in subsections B and C of this section do not include the time
during which a use or activity was not actually pursued due to pending administrative appeals or
legal actions or due to the need to obtain any other government permits and approvals for the
development that authorize the development to proceed, including all reasonably related
administrative or legal actions on any such permits or approvals. The applicant shall be responsible
for informing the City of the pendency of other permit applications filed with agencies other than
the City and of any related administrative and legal actions on any permit or approval. If no notice of
the pendency of other permits or approvals is given by the applicant to the City prior to the date of
the last action by the City to grant permits and approvals necessary to authorize the development to
proceed, including administrative and legal actions of the City, and actions under other City
development regulations, the date of the last action by the City shall be the effective date.
E. Revisions. Revisions to permits may be authorized after original permit authorization has expired,
provided that this procedure shall not be used to extend the original permit time requirements or to
authorize substantial development after the time limits of the original permit.
F. Notification to Ecology. The City shall notify Ecology in writing of any change to the effective date of
a permit, as authorized by this section, with an explanation of the basis for approval of the change.
Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as
amended shall require a new permit application.
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17.13.100 Initiation of Development
A. Amortization to begin construction. Each permit for a Substantial Development, Shoreline
Conditional Use or Shoreline Variance, issued by the City shall contain a provision that construction
pursuant to the permit shall not begin and is not authorized until twenty-one (21) days from the
date of receipt with Ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review
proceedings initiated within twenty-one (21) from the date of receipt of the decision, except as
provided in RCW 90.58.140 (5)(a) and (b). The date of receipt for a Substantial Development Permit
means that date the applicant receives written notice from Ecology that it has received the decision.
With regard to a permit for a Shoreline Variance or a Shoreline Conditional Use, date of receipt
means the date a City or applicant receives the written decision of Ecology.
B. Forms. Permits for Substantial Development, Shoreline Conditional use, or Shoreline Variance may
be in any form prescribed and used by the City including a combined permit application form. Such
forms will be supplied by the City.
C. Data sheet. A permit data sheet shall be submitted to Ecology with each shoreline permit. The
permit data sheet form shall be consistent with WAC 173-27-990.
D. Construction Prior to Expiration of Appeal Deadline. Construction undertaken pursuant to a permit
is at the applicant's own risk until the expiration of the appeals deadline.
17.13.110 Review Process
A. After the City's approval of a conditional use or variance permit, the City shall submit the permit to
the department for Ecology's approval, approval with conditions, or denial. Ecology shall render and
transmit to the City and the applicant its final decision approving, approving with conditions, or
disapproving the permit within thirty days of the date of submittal by the City pursuant to WAC 173-
27-110.
Ecology shall review the complete file submitted by the City on conditional use and variance permits
and any other information submitted or available that is relevant to the application. Ecology shall
base its determination to approve, approve with conditions or deny a conditional use permit or
variance on consistency with the policy and provisions of the SMA and, except as provided in WAC
173-27-210, the criteria in WAC 173-27-160 and 173-27-170.
C. The City shall provide appropriate notification of the Ecology's final decision to those interested
persons having requested notification from local government pursuant to WAC 173-27-130.
17.13.120 Appeals
A. Administrative review decisions by the Administrator, based on a provision of this SMP, may be the
subject of an appeal to the Hearing Examiner by any aggrieved person. Such appeals shall be an
open record hearing before the Hearing Examiner.
B. Appeals of exemptions are allowed only for exemptions where a letter is required pursuant to
Section 17.13.050, of this SMP
C. Appeals must be submitted within fourteen (14) calendar days after the date of decision or written
interpretation together with the applicable appeal fee. Appeals submitted by the applicant or
aggrieved person shall contain:
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
The decision or interpretation being appealed, including the file number reference and the
specific objections in the decision document;
The name and address of the appellant and his/her interest(s) in the application or proposed
development;
The specific reasons why the appellant believes the decision or interpretation to be erroneous,
including identification of each finding of fact, each conclusion, and each condition or action
ordered which the appellant alleges is erroneous. The appellant shall have the burden of proving
the decision or interpretation is erroneous;
4. The specific relief sought by the appellant; and
5. The appeal fee established by the City.
D. Per WAC 173-27-120 the City shall comply with special procedures for limited utility extensions and
bulkheads. If there is an appeal of the decision to grant or deny the permit to the Hearing Examiner,
the appeal shall be finally determined by the Hearing Examiner within thirty days.
Appeals to the Shoreline Hearings Board of a final decision on a Shoreline Substantial Development
Permit, Shoreline Conditional Use Permit, Shoreline Variance, or a decision on an appeal of an
administrative action, may be filed by the applicant or any aggrieved party pursuant to RCW
90.58.180 within thirty (30) days of receipt of the final decision by the City or by Ecology as provided
for in RCW 90.58.140(6).
17.13.130 Amendments to Permits
A. A permit revision is required whenever the applicant proposes substantive changes to the design,
terms or conditions of a project from that which is approved in the permit. Changes are substantive
if they materially alter the project in a manner that relates to its conformance to the terms and
conditions of the permit, this SMP, and/or the policies and provisions of chapter 90.58 RCW.
Changes which are not substantive in effect do not require approval of a revision.
B. When an applicant seeks to revise a permit, the City shall request from the applicant detailed plans
and text describing the proposed changes. Proposed changes must be within the scope and intent of
the original permit, otherwise a new permit may be required.
C. If the City determines that the proposed changes are within the scope and intent of the original
permit, and are consistent with this SMP and the Act, the City may approve a revision.
D. "Within the scope and intent of the original permit" means all of the following:
1. No additional over water construction is involved except that pier, dock, or float construction
may be increased by five hundred (500) square feet or ten percent (10%) from the provisions of
the original permit, whichever is less;
2. Ground area coverage and height may be increased a maximum of ten percent (10%) from the
provisions of the original permit;
3. The revised permit does not authorize development to exceed height, lot coverage, setback, or
any other requirements of this SMP except as authorized under a Shoreline Variance granted as
the original permit or a part thereof;
4. Additional or revised landscaping is consistent with any conditions attached to the original
permit and with this SMP;
5. The use authorized pursuant to the original permit is not changed; and
6. No adverse environmental impact will be caused by the project revision.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
E. The revision approval, including the revised site plans and text clearly indicating the authorized
changes, and the final ruling on consistency with this section shall be filed with Ecology. In addition,
the City shall notify parties of record of their action.
F. If the revision to the original permit involves a Shoreline Conditional Use Permit or Shoreline
Variance, the City shall submit the revision to Ecology for approval, approval with conditions, or
denial, and shall indicate that the revision is being submitted under the requirements of this
subsection. Ecology shall render and transmit to the City and the applicant its final decision within
fifteen (15) days of the date of Ecology's receipt of the submittal from the City. The City shall notify
parties of record of Ecology's final decision.
G. The revised permit is effective immediately upon final decision by the City or, when appropriate per
Subsection F, upon final action by Ecology. Construction undertaken pursuant to a permit is at the
applicant's own risk until the expiration of the appeals deadline.
1. Filing. Appeals of a revised permit shall be in accordance with RCW 90.58.180 and shall be filed
within twenty-one (21) days from the date of receipt of the City's action by Ecology or, when
appropriate under Shoreline Variances or Conditional Uses, the date Ecology's final decision is
transmitted to the City and the applicant.
2. Basis of appeals. Appeals shall be based only upon contentions of noncompliance with the
provisions of Subsections A and B. Appeals shall be based on the revised portion of the permit.
3. Risk. Construction undertaken pursuant to that portion of a revised permit not authorized under
the original permit is at the applicant's own risk until the expiration of the appeals deadline.
4. Scope of decision. If an appeal is successful in proving that a revision is not within the scope and
intent of the original permit, the decision shall have no bearing on the original permit.
17.13.140 SMP Amendments
A. This Shoreline Master Program carries out the policies of the Shoreline Management Act for the
City. It shall be reviewed and amended as appropriate in accordance with the review periods
required in the Act and in order to:
1. To assure that the master program complies with applicable law and guidelines in effect at the
time of the review; and
2. To assure consistency of the master program with the City's comprehensive plan and
development regulations adopted under chapter 36.70A RCW, if applicable, and other local
requirements.
B. This SMP and all amendments thereto shall become effective immediately upon final approval and
adoption by Ecology.
C. The SMP may be amended annually or more frequently as needed pursuant to the Growth
Management Act, RCW 36.70A.130(2)(a)(iii).
D. Initiation. Future amendments to this Shoreline Management Plan may be initiated either by any
person, resident, property owner, business owner, governmental or non-governmental agency,
Shoreline Administrator, Planning Commission, or City Council as appropriate.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
Application. Applications for shoreline master program amendments shall specify the changes
requested and any and all reasons therefore. Applications shall be made on forms specified by the
City. Such applications shall contain information specified in the City's procedures for
Comprehensive Plan and development regulation amendments pursuant to RCW 36.70A, the
Growth Management Act, and information necessary to meet minimum public review procedures in
Subsection F.
F. Public Review Process — Minimum Requirements. The City shall accomplish the amendments in
accordance with the procedures of the Shoreline Management Act, Growth Management Act, and
implementing rules including, but not limited to, RCW 90.58.080, WAC 173-26-100, RCW 36.70A.106
and 130, and Part Six, Chapter 365-196 WAC.
G. Roles and Responsibilities. Proposals for amendment of the Shoreline Management Plan shall be
heard by the Planning Commission. After conducting a hearing and evaluating testimony regarding
the application, including a recommendation from the Shoreline Administrator, the Planning
Commission shall submit its recommendation to the City Council, who shall approve or deny the
proposed amendment.
H. Finding. Prior to approval, the City shall make a finding that the amendment would accomplish #1 or
#2, and must accomplish #3:
1. The proposed amendment would make this Program more consistent with the Act and/or any
applicable Department of Ecology Guidelines;
2. The proposed amendment would make this Program more equitable in its application to
persons or property due to changed conditions in an area;
3. This Program and any future amendment hereto shall ensure no net loss of shoreline ecological
functions and processes on a programmatic basis in accordance with the baseline functions
present as of the effective date of this SMP [insert date].
After approval or disapproval of a Program amendment by the Department of Ecology as provided in
RCW 90.58.090, Ecology shall publish a notice that the Program amendment has been approved or
disapproved by Ecology pursuant to the notice publication requirements of RCW 36.70A.290.
17.13.150 Enforcement
The City shall apply 173-27 WAC Part II, Shoreline Management Act Enforcement, to enforce the
provisions of this SMP whenever a person has violated any provision of the act or any master program
or other regulation promulgated under the Act.
17.13.160 Monitoring
A. The City will track all shoreline permits and exemption activities to evaluate whether the SMP is
achieving no net loss of shoreline ecological functions. Activities to be tracked using the City's
permit system include development, conservation, restoration and mitigation, such as:
1. New shoreline development
2. Shoreline Variances and the nature of the variance
3. Compliance issues
4. Net changes in impervious surface areas, including associated stormwater management
5. Net changes in fill or armoring
6. Net change in linear feet of flood hazard structures
March 20, 2013 11
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
7. Net changes in vegetation (area, character)
B. Using the information collected Subsection A, a no net loss report shall be prepared every eight
years as part of the City's Shoreline Master Program evaluation or Comprehensive Plan Amendment
process. Should the no net loss report show degradation of the baseline condition documented in
the City's Shoreline Analysis Report changes to the SMP and/or Shoreline Restoration Plan shall be
proposed at the time of the eight-year update to prevent further degradation and address the loss
in ecological functions.
March 20, 2013 12
EXCERPTS FROM ECOLOGY'S SHORELINE MASTER PROGRAM SUBMITTAL CHECKLIST
Washington Department of Ecology will use a Submittal Checklist based on the Shoreline Management
Act (RCW 90.58.020) and the Shoreline Master Program Guidelines (WAC 173-26) to help them evaluate
the SMP's compliance with the Act and the Guidelines. The following is an excerpt from that Checklist,
including the sections on relevant Environment Designations, General Policies and Regulations, Shoreline
Uses, and Shoreline Modifications. See
I ti s llfor �; ya gc l r np nuc a ir�r urr 26.htnilfor complete SMP Guidelines. See
B t� g ;/ w w w t o lw rr r mslpeal. houedie r� l aw°ro:�t toolbm a b r � , a Bye i gisi,l lu °�„A for the complete
checklist.
This should be a useful reference during Planning Commission review of the City's draft SMP regulations.
STATE RULE (WAC) REQUIREMENTS
SMP CONTENTS
Any goals adopted as part of the SMP are consistent with the SMA. (Note: Goal statements are not required.)
Policies (A) are consistent with guidelines and policies of the SMA; (B) address elements of RCW 90.58.100; (C)
include policies for environment designations, accompanied by a map or physical description of designation
boundaries in sufficient detail to compare with comprehensive plan land use designations; and (D) are
consistent with constitutional and other legal limitations on regulation of private property. WAC 173-26-
191(2)(a)(i)
SMP implements preferred use policies of the SMA. WAC 173-26-201(2)(d).
Regulations: (A) are sufficient in scope and detail to ensure the implementation of the SMA, SMP guidelines,
and SMP policies; (B) include environment designation regulations; (C) include general regulations, use
regulations that address issues of concern in regard to specific uses, and shoreline modification regulations; and,
(D) are consistent with constitutional and other legal limitations on the regulation of private property. WAC 173-
26-191(2)(a)(ii).
Height Limitation: SMP prohibits buildings and structures >35 feet in height obstructing views of residences,
with exceptions. RCW 90.58.320.
ENVIRONMENT DESIGNATIONS
Each environment designation includes: Purpose statements, classification criteria, management policies, and
regulations (types of shoreline uses permitted, conditionally permitted, and prohibited; building or structure
height and bulk limits, setbacks, maximum density or minimum frontage requirements, and site development
standards). WAC 173-26-211(2)(4).
An up-to-date map accurately depicting environment designation boundaries. If necessary, include common
boundary descriptions. WAC 173-26-211(2)(b); WAC 173-26-110(3).
Statement that undesignated shorelines are automatically assigned a conservancy environment designation.
WAC 173-26-211(2)(e).
AQUATIC ENVIRONMENT WAC 173-26-211(5)(c)
Designation criteria: Areas waterward of the ordinary high-water mark (OHWM). WAC 173-26-211(5)(c)(iii).
New over -water structures: Allowed only for water -dependent uses, public access, or ecological restoration.
WAC 173-26-211(5)(c)(ii)(A).
Washington Department of Ecology SMP Submittal Checklist Page 1 of 12
STATE RULE I REQUIREMENTS
Limited to the minimum necessary to support the structure's intended use. WAC 173-26-211(5)(c)(ii)(B).
Multiple use of over -water facilities encouraged. WAC 173-26-211(5)(c)(ii)(C).
Location and design of all developments and uses required to:
• Minimize interference with surface navigation, to consider impacts to public views, and to allow for the
safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. WAC
173-26-211(5)(c)(ii)(D).
• Prevent water quality degradation and alteration of natural hydrographic conditions. WAC 173-26-
211(5)(c)(ii)(F).
Uses that adversely impact ecological functions of critical saltwater and freshwater habitats limited (except
where necessary for other SMA objectives, and then only when their impacts are mitigated). WAC 173-26-
211(5)(c)(ii)(E).
HIGH-INTENSITY ENVIRONMENT WAC 173-26-211(5)(d)
Designation criteria: Areas within incorporated municipalities, "UGAs," and "rural areas of more intense
development" (see RCW 36.70A.070) that currently support or are planned for high-intensity water -dependent
uses. WAC 173-26-211(5)(d)(iii).
Priority given first to water dependent uses, then to water -related and water -enjoyment uses. New non -water
oriented uses prohibited except as part of mixed use developments, or where they do not conflict with or limit
opportunities for water oriented uses or where there is no direct access to the shoreline. WAC 173-26-
211(5)(d)(ii)(A).
Full use of existing urban areas required before expansion of intensive development allowed. WAC 173-26-
211(5)(d)(ii)(B).
New development does not cause net loss of shoreline ecological functions. Environmental cleanup and
restoration of the shoreline to comply with relevant state and federal laws assured. WAC 173-26-211(S)(d)(ii)(C).
Visual and physical public access required where feasible. Sign control regulations, appropriate development
siting, screening and architectural standards, and maintenance of natural vegetative buffers to achieve aesthetic
objectives. WAC 173-26-211(5)(d)(ii)(D) and (E).
URBAN CONSERVANCY ENVIRONMENT WAC 173-26-211(5)(e)
Designation criteria: Areas within incorporated municipalities, UGAs, and "rural areas of more intense
development" not suitable for water -dependent uses but suitable for water -related or water -enjoyment uses,
are flood plains, have potential for ecological restoration, retain ecological functions, or have potential for
development that incorporates ecological restoration. WAC 173-26-211(5)(e)(iii).
Allowed uses are primarily those that preserve natural character of area, promote preservation of open space,
floodplain or sensitive lands, or are appropriate for restoration. WAC 173-26-211(5)(e)(ii)(A).
Priority given to water oriented uses over non -water oriented uses. For shoreline areas adjacent to
commercially navigable waters, water dependent uses given highest priority. WAC 173-26-211(5)(e)(ii)(D).
For SMPs that allow mining, see WAC 173-26-241(3)(h).
Standards for shoreline stabilization measures, vegetation conservation, water quality, and shoreline
modifications that ensure new development does not result in a net loss of shoreline ecological functions or
degrade other shoreline values. WAC 173-26-211(5)(e)(ii)(B).
Public access and recreation required where feasible and ecological impacts are mitigated. WAC 17
Washington Department of Ecology SMP Submittal Checklist Page 2 of 12
STATE RULE (WAC) REQUIREMENTS
211(5)(e)(ii)(C).
SHORELINE RESIDENTIAL ENVIRONMENT WAC 173-26-211(5)(f)
Designation criteria: Areas within incorporated municipalities, UGAs, "rural areas of more intense
development", and "master planned resorts" (see RCW 36.70A.360) that are predominantly residential
development or planned and platted for residential development. WAC 173-26-211(5)(f)(iii).
Standards for density or minimum frontage width, setbacks, buffers, shoreline stabilization, critical areas
protection, and water quality protection assure no net loss of ecological function. WAC 173-26-211(5)(f)(ii)(A).
Multifamily and multi -lot residential and recreational developments provide public access and joint use for
community recreational facilities. WAC 173-26-211(5)(f)(ii) (B).
Access, utilities, and public services required to be available and adequate to serve existing needs and/or
planned future development. WAC 173-26-211(5)(f)(ii)(C).
Commercial development limited to water oriented uses. WAC 173-26-211(5)(f)(ii)(D).
GENERAL POLICIES AND REGULATIONS
Moratoria. Under the authority of RCW 90.58.590, local governments may adopt moratoria or other interim
official controls lasting up to six months.
These controls may be extended twice. These official controls are, not o aafed as part of a shoreline master
program.
Public hearings, notice to Ecology, and other requirement are set forth in RCW 90.58.590.
ARCHAEOLOGICAL AND HISTORICAL RESOURCES WAC 173-26-221(1)
Developers and property owners required to stop work and notify the local government, state office of
archaeology and historic preservation, and affected Indian tribes if archaeological resources are uncovered
during excavation. WAC 173-26-221(1)(c)(i).
Permits issued in areas documented to contain archaeological resources require site inspection or evaluation by
a professional archaeologist in coordination with affected Indian tribes. WAC 173-26-221(1)(c)(ii).
CRITICAL AREAS WAC 173-26-221(2)
Policies and regulations for critical areas (designated under GMA) located within shorelines of the state that
• Are consistent with SMP guidelines
• Provide a level of protection equal to critical areas within shorelines that satisfy the no net loss of
ecological functions requirement, as provided by the local government's existing critical area regulations
adopted pursuant to the GMA for comparable areas other than shorelines. WAC 173-26-221(2)(a) and (c).
Planning objectives are for protection and restoration of degraded ecological functions and ecosystem -wide
processes. Regulatory provisions protect existing ecological functions and ecosystem -wide processes. WAC 173-
26-221(2)(b)(iv).
Critical area provisions promote human uses and values, such as public access and aesthetic values, provided
they do not significantly adversely impact ecological functions. WAC 173-26-221(2)(b)(v).
If SMP includes optional expansion of jurisdiction: Clear description of the inclusion of any land necessary for
buffers of critical areas that occur within shorelines of the state, accurately depicting new SMP jurisdiction
consistent with RCW 90.58.030(2)(f)(ii) and WAC 173-26-221(2)(a).
Washington Department of Ecology SMP Submittal Checklist Page 3 of 12
STATE RULE (WAQ REQUIREMENTS
WETLANDS WAC 173-26-221(2)(c)(i)
Wetlands definition is consistent with WAC 173-22.
Provisions requiring wetlands delineation method are consistent with WAC 173-22-035.
Regulations address all uses and activities listed in WAC 173-26-221(2)(c)(i)(A) to achieve no net loss of wetland
area and functions, including lost time when the restoration does not perform the functions. WAC 173-26-
221(2)(c)(i)(A) + (C).
Wetlands rating or categorization system is based on rarity, irreplaceability, and/or sensitivity to disturbance of
a wetland and the functions the wetland provides. Use Ecology Rating System or regionally specific, scientifically
based method. WAC 173-26-221(2)(c)(i)(B)j
Wetland Buffer requirements are adequate to ensure wetland functions are protected and maintained in the
long-term, taking into account ecological functions of the wetland, characteristics of the buffer, and potential
impacts associated with adjacent land uses. WAC 173-26-221(2)(c)(i)(B). Wetland buffer widths assume a
naturally vegetated state; wider buffers or a revegetation plan may be needed if buffer is unvegetated or
sparsely vegetated.
Wetland mitigation requirements are consistent with WAC 173-26-201(2)(e) and are based on the wetland
rating or other scientifically valid means demonstrating replacement of all functions lost (hydrologic, habitat,
and water quality). WAC 173-26-221(2)(c)(i)(E) and (F).
Compensatory mitigation allowed only after mitigation sequencing is applied and higher priority means of
mitigation are determined to be infeasible.
Compensatory mitigation requirements include (1) replacement ratios; (II) Performance standards for evaluating
success; (III) long-term monitoring and reporting procedures; and (IV) long-term protection and management of
compensatory mitigation sites. WAC 173-26-221(2)(c)(i)(F).
Compensatory mitigation requirements are consistent with preference for "in-kind and nearby" replacement,
and include requirement for watershed plan if off-site mitigation is proposed. WAC 173-173-26-201(2)(e)(B).
GEOLOGICALLY HAZARDOUS AREAS WAC 173-26-221(2)(c)(ii)
Prohibition of new development and creation of new lots that would:
Cause foreseeable risk from geological conditions during the life of the development. WAC 173-26-
221(2)(c)(ii)(13);
Require structural shoreline stabilization over the life of the development. (Exceptions allowed where
stabilization needed to protect allowed uses where no alternative locations are available and no net loss of
ecological functions will result.) WAC 173-26-221(2)(c)(ii)(C).
New stabilization structures for existing primary residential structures allowed only where no alternatives
(including relocation or reconstruction of existing structures), are feasible, and less expensive than the proposed
stabilization measure, and then only if no net loss of ecological functions will result. WAC 173-26-221(2)(c)(ii)(D).
CRITICAL FRESHWATER HABITATS WAC 173-26-221(2)(c)(iv)
Requirements that ensure new development within stream channel, channel migration zone, wetlands,
floodplain, hyporheic zone, does not cause a net loss of ecological functions. WAC 173-26-221(2)(c)(iv)(C)(1) and
WAC 173-26-221(2)(c)(iv)(13)(II).
Authorization of appropriate restoration projects is facilitated. WAC 173-26-221(2)(c)(iv)(C)(111).
Regulations protect hydrologic connections between water bodies, water courses, and associated wetlands.
Washington Department of Ecology SMP Submittal Checklist Page 4 of 12
STATE RULE (WAC) REQUIREMENTS
WAC 173-26-221(2)(c)(iv)(C)(IV),
FLOOD HAZARD REDUCTION WAC 173-26-221(3)
New development within the channel migration zone or floodway limited to uses and activities listed in WAC
173-26-221(3)(b) and (3)(c)(i).
New structural flood hazard reduction measures allowed only:
• Where demonstrated to be necessary, and when non-structural methods are infeasible and mitigation is
accomplished;
• Landward of associated wetlands and buffer areas except where no alternative exists as documented in a
geotechnical analysis. WAC 173-26-221(3)(c)(ii) & (iii).
New publicly funded dikes or levees required to dedicate and improve public access (see exceptions). WAC
173-26-221(3)(c)(iv).
Removal of gravel for flood control allowed only if biological and geomorphological study demonstrates a long-
term benefit to flood hazard reduction, no net loss of ecological functions, and extraction is part of a
comprehensive flood management solution. WAC 173-26-221(3)(c)(v).
PUBLIC ACCESS WAC 173-26-221(4)
Applicability: Public access includes the ability of the general public to reach, touch, and enjoy the water's edge,
to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. WAC 173-
26-221(4)(d)(i). For S of SWS the SMP should identify and evaluate all publicly owned shoreline parcels and their
suitability for public access.
Policies and regulations protect and enhance both physical and visual access. WAC 173-26-221(4)(d)(i).
Public entities are required to incorporate public access measures as part of each development project, unless
access is incompatible with safety, security, or environmental protection. WAC 173-26-221(4)(d)(ii).
Provide standards for the dedication and improvement of public access in developments for water-enjoyment,
water-related, and nonwater-dependent uses and for the subdivision of land into more than four parcels. In
these cases, public access should be required [with certain exceptions].
Maximum height limits, setbacks, and view corridors minimize impacts to existing views from public property or
substantial numbers of residences. WAC 173-26-221(4)(d)(iv); RCW 90.58.320.
VEGETATION CONSERVATION CLEARING AND GRADING WAC 173-26-221(5)
)
Vegetation standards implement the principles in WAC 173-26-221(5)(b). Methods to do this may include
setback or buffer requirements, clearing and grading standards, regulatory incentives, environment designation
standards, or other master program provisions. WAC 173-26-221(5)(c).
Selective pruning of trees for safety and view protection is allowed and removal of noxious weeds is authorized.
WAC 173-26-221(5)(c).
WATER QUALITY WAC 173-26-221(6)
Provisions protect against adverse impacts to water quality and storm water quantity and ensure mutual
consistency between SMP and other regulations addressing water quality. WAC 173-26-221(6).
SHORELINE MODIFICATIONS
SMP: (a) allows structural shoreline modifications only where demonstrated to be necessary to support or
Washington Department of Ecology SMP Submittal Checklist Page 5 of 12
STATE RULE (WAC) REQUIREMENTS
protect an allowed primary structure or a legally existing shoreline use that is in danger of loss or substantial
damage or are necessary for mitigation or enhancement;
(b) limits shoreline modifications in number and extent;
(c) allows only shoreline modifications that are appropriate to the specific type of shoreline and environmental
conditions for which they are proposed;
(d) gives preference to those types of shoreline modifications that have a lesser impact on ecological functions.
Policies promote "soft" over "hard" shoreline modification measures
(f) incorporates all feasible measures to protect ecological shoreline functions and ecosystem -wide processes as
modifications occur;
(g) requires mitigation sequencing.
WAC 173-26-231(2); WAC 173-26-231(3)(a)(ii) and (iii);
SHORELINE STABILIZATION WAC 173-26-231(3)(a)
Definition: structural and nonstructural methods to address erosion impacts to property and dwellings,
businesses, or structures caused by natural processes, such as current, flood, tides, wind, or wave action. WAC
173-26-231(3)(a)(i).
Definition of new stabilization measures include enlargement of existing structures. WAC 173-26-
231(3)(a)(iii)(C), last bullet; WAC 173-26-231(3)(a)(iii)(B)(I), 5th bullet).
Standards setting forth circumstances under which shoreline alteration is permitted, and for the design and
type of protective measures and devices. WAC 173-26-231(3)(a)(ii).
New development (including newly created parcels) required to be designed and located to prevent the need
for future shoreline stabilization, based upon geotechnical analysis.
New development on steep slopes and bluffs required to be set back to prevent need for future shoreline
stabilization during life of the project, based upon geotechnical analysis.
New development that would require shoreline stabilization which causes significant impacts to adjacent or
down -current properties and shoreline areas is prohibited. WAC 173-26-231(3)(a)(iii)(A).
New structural stabilization measures are not allowed except when necessity is demonstrated. Specific
requirements for how to demonstrate need are established for:
(1) existing primary structures;
(11) new non -water -dependent development including single family residences;
(111) water -dependent development; and
(IV) ecological restoration/toxic clean-up remediation projects. WAC 173-26-231(3)(a)(iii)(B)
Replacement of existing stabilization structures is based on demonstrated need. Waterward encroachment of
replacement structure is allowed only for residences occupied prior to January 1, 1992, or for soft shoreline
stabilization measures that provide restoration of ecological functions. WAC 173-26-231(3)(a)(iii)(C).
Geotechnical reports prepared to demonstrate need include estimates of rate of erosion and urgency (damage
within 3 years) and evaluate alternative solutions. WAC 173-26-231(3)(a)(iii)(D).
Shoreline stabilization structures are limited to the minimum size necessary. WAC 173-26-231(3)(a)(iii)(E).
Public access required as part of publicly financed shoreline erosion control measures. WAC 173-26-
231(3)(a)(iii)(E).
Impacts to sediment transport required to be avoided or minimized. WAC 173-26-231(3)(a)(iii)(E).
Washington Department of Ecology SMP Submittal Checklist Page 6 of 12
STATE RULE (WAC) REQUIREMENTS
PIERS AND DOCKS WAC 173-26-231(3)(b)
New piers and docks:
• Allowed only for water -dependent uses or public access
• Restricted to the minimum size necessary to serve a proposed water -dependent use.
• Permitted only when specific need is demonstrated (except for docks accessory to single-family residences).
Note: Docks associated with single family residences are defined as water dependent uses provided they are
designed and intended as a facility for access to watercraft. WAC 173-26-231(3)(b).
When permitted, new residential development of more than two dwellings is required to provide joint use or
community docks, rather than individual docks. WAC 173-26-231(3)(b)
Design, construction &placement of piers, docks, mooring buoys, boat lifts, boat ramps, marine railways, and
float plane facilities are required to avoid, minimize and mitigate for impacts to ecological processes and
functions and be constructed of approved materials. WAC 173-26-231(3)(b).
FILL WAC 173-26-231(3)(c)
Definition of "fill' consistent with WAC 173-26-020(14).
Location, design, and construction of all fills protect ecological processes and functions, including channel
migration. WAC 173-26-231(3)(c).
Fill waterward of the OHWM allowed only by shoreline conditional use permit [except ecological restoration],
for:
• Water -dependent use;
• Public access;
• Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan;
• Disposal of dredged material in accordance with DNR Dredged Material Management Program;
• Expansion or alteration of transportation facilities of statewide significance currently located on the
shoreline (if alternatives to fill are shown not feasible);
• Mitigation action, environmental restoration, beach nourishment or enhancement project. WAC 173-26-
231(3)(c).
BREAKWATERS, JETTIES, AND WEIRS WAC 173-26-231(3)(d)
Structures waterward of the ordinary high-water mark allowed only for water -dependent uses, public access,
shoreline stabilization, or other specific public purpose. WAC 173-26-231(3)(d).
Shoreline conditional use permit required for all structures except protection/restoration projects. WAC 173-
26-231(3)(d).
Protection of critical areas and appropriate mitigation required. WAC 173-26-231(3)(d).
DREDGING WAC 173-26-231(3)(f)
Dredging and dredge material disposal avoids or minimizes significant ecological impacts. Impacts which cannot
be avoided are mitigated. WAC 173-26-231(3)(f).
New development siting and design avoids the need for new and maintenance dredging. WAC 173 -26 -
Washington Department of Ecology SMP Submittal Checklist Page 7 of 12
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STATE RULE (WAQ REQUIREMENTS
231(3)(f),
Dredging to establish, expand, relocate or reconfigure navigation channels allowed only where needed to
accommodate existing navigational uses and then only when significant ecological impacts are minimized and
when mitigation is provided. WAC 173-26-231(3)(f).
Maintenance dredging of established navigation channels and basins restricted to maintaining previously
dredged and/or existing authorized location, depth, and width. WAC 173-26-231(3)(f).
Dredging for fill materials prohibited except for projects associated with MTCA or CERCLA habitat restoration,
or any other significant restoration effort approved by a shoreline CUP. Placement of fill must be waterward of
OHWM. WAC 173-26-231(3)(f).
Uses of dredge material that benefits shoreline resources are addressed. If applicable, addressed through
implementation of regional interagency dredge material management plans or watershed plan. WAC 173-26-
231(3)(f).
Disposal within river channel migration zones discouraged, and in limited instances when allowed, require CUP.
(Note: not intended to address discharge of dredge material into the flowing current of the river or in deep
water within the channel where it does not substantially affect the geo-hydrologic character of the channel
migration zone). WAC 173-26-231(3)(f).
SHORELINE HABITAT AND NATURAL SYSTEMS ENHANCEMENT WAC 173-26-231(3)(8)
Provisions that foster habitat and natural system enhancement projects, provided the primary purpose is
restoration of the natural character and functions of the shoreline, and only when consistent with
implementation of the restoration plan developed pursuant to WAC 173-26-201(2)(f).
Application For Relief option from expansion of SMA jurisdiction by shoreline restoration projects. RCW
90.58.580.
SPECIFIC SHORELINE USES
AGRICULTURE WAC 173-26-241(3)(a)
Use of agriculture related terms is consistent with the specific meanings provided in RCW 90.58.030 and .065.
Provisions address new agricultural activities, conversion of agricultural lands to other uses, and other
development not meeting the definition of agricultural activities.
Provisions assure that development in support of agricultural uses is: (A) consistent with the environment
designation; and (B) located and designed to assure no net loss of ecological functions and not have a significant
adverse impact on other shoreline resources and values. WAC 173-26-241(3)(a)(ii) & (v).
Shoreline substantial development permit is required for all agricultural development not specifically exempted
by the provisions of RCW 90.58.030(3)(e)(iv).
Conversion of agricultural land to non-agricultural uses is consistent with the environment designation, and
regulations applicable to the proposed use do not result in a net loss of ecological functions. WAC 173-26-
241(3)(a)(vi).
AQUACULTURE WAC 173-26-241(3)(b)
Definition of aquaculture consistent with WAC 173-26-020(6) and-241(3)(b)(i)(A).
Aquaculture is defined as dependent on the use of the water area and, when consistent with control of
pollution and prevention of damage to the environment, is a preferred use of the water area. WAC 173 -26 -
Washington Department of Ecology SMP Submittal Checklist Page 8 of 12
STATE RULE (WAC) REQUIREMENTS
241(3)(b)(i)(A).
SMP recognizes that potential locations for aquaculture are restricted, technology associated with some forms
of present-day aquaculture is still in its formative stages and experimental, and recognizes the need for some
latitude in the development of this use as well as its potential impact on existing uses and natural systems. WAC
173-26-241(3)(b)(i)(B).
General ecological siting considerations: Provisions require consideration of local ecological conditions and
providing limits and conditions to assure appropriate compatible types of aquaculture for the local conditions as
necessary to assure no net loss of ecological functions. WAC 173-26-241(3)(b)(i)(A).
Aquaculture is not permitted in areas where it would result in a net loss of ecological functions or adversely
impact eelgrass and/or macroalgae. Impacts to ecological functions shall be mitigated consistent with the
mitigation sequence. Aquacultural facilities should be designed and located so as not to spread disease to
native aquatic life, or establish new nonnative species which cause significant ecological impacts. WAC 173-26-
241(3)(b)(i)(C).
Aquaculture is not permitted in areas where it would significantly conflict with navigation and other water -
dependent uses. WAC 173-26-241(3)(b)(i)(C).
Aquacultural facilities should not significantly impact the aesthetic qualities of the shoreline. WAC 173-26-
241(3)(b)(i)(C).
BOATING FACILITIES WAC 173-26-241(3)(c)
Definition: Boating facility standards do not apply to docks serving four or fewer SFRs. WAC 173-26-241(3)(c).
Boating facilities restricted to suitable locations. WAC 173-26-241(3)(c)(i),
Provisions ensuring health, safety, and welfare requirements are met. WAC 173-26-241(3)(c)(ii)
Provisions to avoid or mitigate aesthetic impacts. See WAC 173-26-241(3)(c)(iii).
Public access required in new boating facilities. WAC 173-26-241(3)(c)(iv). [WAC actually says new marinas, not
new boating facilities]
Impacts of live -aboard vessels are limited. WAC 173-26-241(3)(c)(v).
Provisions assuring no net loss of ecological functions as a result of development of boating facilities while
providing public recreational opportunities. WAC 173-26-241(3)(c)(vi).
Navigation rights are protected. WAC 173-26-241(3)(c)(vii).
Extended moorage on waters of the state without a lease or permission is restricted, and mitigation of impacts
to navigation and access is required. WAC 173-26-241(3)(c)(viii).
COMMERCIAL DEVELOPMENT WAC 173-26-241(3)(d)
Preference given first to water -dependent uses, then to water -oriented commercial uses. WAC 173-26-
241(3)(d).
Water -enjoyment and water -related commercial uses required to provide public access and ecological
restoration where feasible and avoid impacts to existing navigation, recreation, and public access. WAC 173-26-
241(3)(d).
New non -water -oriented commercial uses prohibited unless they are part of a mixed-use project, navigation is
severely limited, and the use provides a significant public benefit with respect to SMA objectives. WAC 173 -26 -
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STATE RULE I REQUIREMENTS
241(3)(d).
Non -water -dependent commercial uses over water prohibited except in existing structures, and where
necessary to support water -dependent uses. WAC 173-26-241(3)(d).
INDUSTRY WAC 173-26-241(3)(f)
Preference given first to water -dependent uses, then to water -oriented industrial uses. WAC 173-26-241(3)(f).
Location, design, and construction of industrial uses and redevelopment required to assure no net loss of
ecological functions. WAC 173-26-241(3)(f).
Industrial uses and redevelopment encouraged to locate where environmental cleanup and restoration can be
accomplished. WAC 173-26-241(3)(f).
Public access required unless such a requirement would interfere with operations or create hazards to life or
property. WAC 173-26-241(3)(f).
New non -water -oriented industrial uses prohibited unless they are part of a mixed-use project, navigation is
severely limited, and the use provides a significant public benefit with respect to SMA objectives. WAC 173-26-
241(3)(f).
IN -STREAM STRUCTURES WAC 173-26-241(3)(g)
Definition: structure is waterward of the ordinary high water mark and either causes or has the potential to
cause water impoundment or the diversion, obstruction, or modification of water flow. WAC 173-26-241(3)(8),
In -stream structures protect and preserve ecosystem -wide processes, ecological functions, and cultural
resources, including, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological
processes, and natural scenic vistas. WAC 173-26-241(3)(8).
MINING WAC 173-26-241(3)(h)
Policies and regulations for new mining projects:
• Require design and operation to avoid and mitigate for adverse impacts during the course of mining and
reclamation;
• Achieve no net loss of ecological functions based on required final reclamation;
• Give preference to proposals that create, restore or enhance habitat for priority species
• are coordinated with state Surface Mining Reclamation Act requirements;
• Assure subsequent use of reclaimed sites is consistent with environment designation and SMP standards.
WAC 173-26-241(3)(h)(ii)(A) — (C).
Mining waterward of OHWM is prohibited unless:
(1) Removal of specified quantities of materials in specified locations will not adversely impact natural gravel
transport;
(11) The mining will not significantly impact priority species and the ecological functions upon which they
depend; and
(III) these determinations are integrated with relevant SEPA requirements. WAC 173-26-241(3)(h)(ii)(D).
Renewal, extension, or reauthorization of in -stream and gravel bar mining activities require review for
compliance with these new guidelines requirements. WAC 173-26-241(3)(h)(ii)(D)(IV).
Mining within the Channel Migration Zone requires a shoreline conditional use permit. WAC 173 -26 -
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STATE RULE (WAC) REQUIREMENTS
241(3)(h)(ii)(E),
RECREATIONAL DEVELOPMENT WAC 173-26-241(3)(i)
Definition includes commercial and public recreation developments. WAC 173-26-241(3)(i).
Priority given to recreational development for access to and use of the water. WAC 173-26-241(3)(i).
Location, design and operation of facilities are consistent with purpose of environment designations in which
they are allowed. WAC 173-26-241(3)(i).
Recreational development achieves no net loss of ecological processes and functions. WAC 173-26-241(3)(i).
RESIDENTIAL DEVELOPMENT WAC 173-26-241(3)(j)
Definition includes single-family residences, multifamily development, and the creation of new residential lots
through land division. WAC 173-26-241(3)(j).
Single-family residences identified as a priority use only when developed in a manner consistent with control of
pollution and prevention of damage to the natural environment. WAC 173-26-241(3)(j).
No net loss of ecological functions assured with specific standards for setback of structures sufficient to avoid
future stabilization, buffers, density, shoreline stabilization, and on-site sewage disposal. WAC 173-26-241(3)(j).
New over -water residences and floating homes prohibited. Appropriate accommodation for existing floating or
over -water homes. WAC 173-26-241(3)(j).
New multiunit residential development (including subdivision of land for more than four parcels) required to
provide community and/or public access in conformance to local public access plans. WAC 173-26-241(3)(j).
New (subdivided) lots required to be designed, configured and developed to:
(i) Prevent the loss of ecological functions at full build -out;
(ii) Prevent the need for new shoreline stabilization or flood hazard reduction measures; and
(iii) Be consistent with applicable SMP environment designations and standards. WAC 173-26-241(3)(j)
Floating Homes: Certain ones must be classified as a "conforming preferred use" per RCW 90.58.270(5).
Nonconforming Residential Structures: SMPs may contain provisions allowing structures not meeting current
standards to be considered "conforming" per RCW 90.58.620.
TRANSPORTATION FACILITIES WAC 173-26-241(3)(k)
Proposed transportation and parking facilities must be designed and located where they will have the least
possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological
functions, or adversely impact existing or planned water dependent uses. WAC 173-26-241(3)(k).
Circulation system plans include systems for pedestrian, bicycle, and public transportation where appropriate.
WAC 173-26-241(3)(k).
Parking allowed only as necessary to support an authorized shoreline use and which minimize environmental
and visual impacts of parking facilities. WAC 173-26-241(3)(k).
UTILITIES WAC 173-26-241(3)(1)
Design, location and maintenance of utilities required to assure no net loss of ecological functions. WAC 173-
26-241(3)(1).
Utilities are required to be located in existing rights -of -ways whenever possible. WAC 173-26-241(3)(1).
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Utility production and processing facilities and transmission facilities required to be located outside of SMA
jurisdiction, unless no other feasible option exists. WAC 173-26-241(3)(1).
Existing Utilities: Not allowed to justify more intense development. WAC 173-26-211(3)(c)
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