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City of Yakima Planning Commission
PUBLIC MEETING/STUDY SESSION
City Hall Council Chambers
Wednesday April 10, 2013
2:00 pm - 5:00 pm
YPC Members:
Chair Ben Shoval, Co -Chair Dave Fonfara, Ron Anderson, Al Rose,
Scott Clark, Paul Stelzer, Bill Cook
Ci 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. (2:00 - 2:30p) 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
• Staff/Consultant Presentation of Key Shoreline Chapters and Objective of the
Shoreline Management Act (SMA)
• Task#1- Review of Section 17.05.040 Public Access
• Task#2 - Review of Section 17.07.190 Redevelopment, Repair, and Maintenance
• Task#3 - Review of Chapter 17.11 Existing Uses, Structures, and Lots/ Non -
Conforming Uses
• Task #4 - General Review & Discussion of Remaining Sections (Sec. 17.07.050,
Sec. 17.07.090, Sec. 17.07.120, Sec. 17.07.130, Sec. 17.07.170, and Sec. 17.07.180)
determined by Commission comments.
VII. Other Business
VIII. Adjourn to April 17, 2013
1U-0
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday April 10, 2013
2:00 p.m. - 5:00 p.m.
Study Session
PLEASE WRITE LEGIBLY
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Page 1
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
"AKIMA SHORELINE FASTER PROGRAM
This document provides draft regulations for the following sections of City of Yakima Shoreline Master
Program (SMP) Update:
• 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*
Typically, the base language is from the Yakima County Regional SMP, and then amended with
strikeout/underline to be more consistent with City conditions or SMP Guidelines. In some cases,
sections are "all new" and noted as such.
Particular topics of focus at the April 10, 2013 Planning Commission meeting are anticipated to include
public access, maintenance, and existing uses, structures, and lots (noted with an asterisk * above).
The draft sections should be read in conjunction with the following documents distributed to the
Planning Commission at prior meetings:
• Preliminary Shoreline Environment Designations & Use and Modification Matrix Framework
(distributed for 3/13 meeting — updated through discussion at 3/27 meeting)
• Excerpts From Ecology's Shoreline Master Program Submittal Checklist (distributed for 3/27
meeting)
• SMP Update Guidance — Consistency (distributed for 3/27 meeting)
City staff has provided an initial review, but is also reviewing this document in parallel with the Planning
Commission. As a result, there may be additional input at the next Planning Commission meeting on
April 10, 2013.
) IIII'° I Kfl'Y OF° Illh°°°j 4'° ""'j""' ' )' 'j 7.0 5, IIII''° IIII'.° IIK ACCESS
17.05.050 Public Access
Consultant Note: In the Regional SMP, public access requirements are scattered (e.g. Residential,
Commercial, and Recreation) with no consolidated regulations on standards and exceptions. The
Consultants propose a more discrete section of regulations designed to meet SMA Goals and SMP
Guidelines, the public trust doctrine, and private property rights.
A, Shoreline development shall not interfere with public access and enjoyment of any nearby publicly
owned land areas.
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POR °"'lllX"'1014 1 7.07, uIMji IIIIXIY XI° XIIX') j)SE
This portion of Chapter 17.07 addresses the following uses and activities: Commercial, Industry,
Recreation, Residential, Transportation, and Utilities, and Redevelopment, Repair, and Maintenance
17.07.050 Com mercial,ain Seii°vice, Development
Consultant Note: The following provisions were re -ordered to focus on preferred uses first, then
conditions of development such as public access. The language regarding preferred uses and non -water -
oriented uses was modified to more closely match SMP Guidelines, which in some ways is more flexible
or more directive than the original Regional SMP language. The undergrounding provision is eliminated
in this section in favor of addressing topic in Section 17.07.180, Utilities.
The following provisions apply to any development, construction, or use of land o:r..:water ..:for
commercial and community service purposes within Shoreline jurisdiction.
April 3, 2013 Prepared by BERK/TWC
CITY OFYAK|xxASHORELINE MASTER PROGRAM DRAFT
A, Water d pf�,Id,grii
4;-.L. Application for new commercial or community services shall demonstrate either:
1. How the use qualifies as a water -oriented use and how facilities function as such, or;
2.
iU
provide o significant public benefit towards meeting SMA osuch as providing public
access ccnsk�P.W� wIfli, Sef��don 17,05,040 and ecological restoration, or;
4. That non -water -oriented use is I�'rmn the
by either @public a separate
parcel.
17.07.090 Industry
Consultant Note: Similar approach asCommercial section above, where preferred uses are ofocus first.
Refinements to language made to more closely respond to SMP guidelines for conditions under which
non -water -oriented uses are allowed.
April 3,20z] Prepared byosnx/Tvv[
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
The following provisions apply to any development, construction, or use of land for industrial purposes
within Shoreline jurisdiction:
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u a ,,,.,,,,, T ..... :�. ��,�kY arb4„V P1m u.. ,
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�. Facilities and structures shall be designed and screened with vegetation to minimize
degradation of shoreline aesthetic qualities.
d"1Q',ae Vl',111.1,r...d a 4,1111 11114) coIIS�> uc4; 1014 V1� VI�CutVs: tVVaI lu f::::! � a� id v4, de:" 9'�Io 4 Gv?pV'� rile I�'m"4�4V111�'�. 14;',;1
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d6411tidnst a r rm rwt 1rka as 0 ll�G �bdPV !9 rq� fLWK'JkO is and tljLit" si ni icant adverse irn c1���5 ��� {��'�iU�r
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shoreline resources and values are avoided. Industries which have proven to be environmentally
hazardous shall be discouraged from locating along the shorelines.
-P- ), New w lindustrial uses and redevelopment of industrial uses shall provide for environmental cleanup
and restoration in degraded or contaminated locations.
,(;-.E.Application for new industrial activities shall demonstrate either:
1. How the use qualifies as a water -oriented use and how facilities function as such, or;
That a non -water --oriented use is part of a mixed --use development that includes a water --
y l
ater--iul �:uuul�caum: use, a4� 44 ",, o�
2L.3 1%1,;uv il.yal��k,rt y a .,.'.�e 1r r. a Ukyflke, d 1'11 ..l,iu��w q�l� ea���u:am�am& Po�u%� und, the u,' will provide a significant public
benefit towards meeting SMA objectives, such as providing public access and ecological
restoration, or;
°l•..._ That a non -water -oriented use is Hy, a4,kzi i liilraui fn�ridl lira. aall�4ui4:6au a u� � dd h.rf okk -1
�..... ..... ..
u"i� B�aa:'ki �ra.ap.IT�diul r.�u.,�&i�e�by either a public right-of-way or 4-a separate
parcel.
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X91 1� 1HLllalir da Apia YRai� a leph �dd� �oi0 4 h('am^IIIne access w'fl ' a� N4 �11 i:Y 14 4 �G4P�2rU era "w�;�ot,00.� kL4�4
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, 011`.tlVI0.
17.07.120 Recreational Development
Consultant Note: Refinements to language made to more closely respond to SMP guidelines and to
reflect City specific environment designations.
The following provisions apply to any development, construction, or use of land of,IT ITaterfor
recreational purposes within Shorelinejurisdictions dlluc� llii'it i uu9�C;ar � 1 uaiiullru(,',rcia1
4-G. Recreational activities in ” be compatible with existing or
proposed uses in the area and must not create a noise, traffic, visual or similar problem.
I,-
4<-. H.
w..4<-.H. The location, design, and operation of recreational facilities shall be consistent with the
purpose of the environmental designation.
April 3, 2013 Prepared by BERK/TWC
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
L -I. �'r'u qr d�;�dbN�rutt.h..p.u`�.''......?u�� l V�716J V athin mr�or Yaffe' ��ddu„,di Ugon;�e,daEVeulut�Vddrel[r t��ym Bw .a. thifl rc :''
—..” ....... LII, 9V'"� v„;y,ipttl"di.'!1d .....a.�.W Y ......t4:
"r�adudw m��"..o, ite um9m �aV1lo� V nel red�tll�a �t�rltr�; Access to recreational areas
should emphasize both areal and linear access. Linkage of shoreline parks and public access points
by means of linear access should be encouraged.
M -J. Different uses within a specific recreational facility must be compatible with each other.
KCommercial components of the use that are not explicitly related to the recreational operation must
also conform to the Commercial use standards of section (Commercial and
t"re��wu�urr�;.�' ward.-Service�w V'u�a�ra.Va,1 uudud�,.4Y..4.
tie Nk",i @INq ar dO �Nwalr��rR eMd a hadll 4�N,"Nf o ti,,e�N achiW N,re la '111 d)f no m::!l I41" � v';IT tl"f k1LtlN Y4 r%I IIrm tpcns
M ti ;Mt dVd adl1 ," Udd,?1 q?) b�b� l!c:� a4 VlfllU0 ip�r"�"w'm��dV l'd'd re"::!L�IIgn IId1r�d90 VlireIVVVG N? �? g�lll ��111 V��",nv IP9II be uVV1tl� VVd',�!el1 m4'�"'9'Y�lud'I''y�
UN t
.N,ad.d.d.�„,wVGsd d,p11 lidrlp Iltla,,)in Pro -111111111-1- 11 ed.d..�ONidtltV��s 4 dk'ad ut,;1'wV. A t;�
i�V S NIIQ7Vli 17 ....1:�.'7, t��0
17.07.130 Residential Development
Consultant Note: Refinements to language made to more closely respond to SMP guidelines and to
reflect City conditions rather than rural conditions. The undergrounding provision is eliminated in this
section in favor of addressing topic in Section 17.07.180, Utilities. The limitation on subdivision design
requiring new flood control facilities is based on the SMP Guidelines (WAC 173-26). In the consultants'
experience the minimum language is shown below on this topic; in other communities Ecology has
required that the performance standards include a hydrogeologic study.
The following provisions apply to any development, construction, or use of land for residential
purposes within Shoreline jurisdiction.
a4.. ,,.d.Ver 1�.ry,a.b..ud°4 �I'da,,.:�UI U.�d.wl� wd��kRn:� a-dk gVl,ps7r.pm..d,4V',al;.aM1i�alf 4dw.,. 114a`tlr�IG'4UP 1!'V a lVa°d�IrNNUa�d.,dll. ,...d, a d9�VdN�
N.d'u t.��goio.`119��r^�:76c roVtl��"aDt�•�rwliwd0 ���,�(��dw�rl'h� N��u��Pr�!�!6'N:ldjrya'�a,1fd�IP...arlha��rl �A�ia ��11d��Nrsdd"j�4N9��$'k%Id.�d� d;l��'dd!r��� rhC"�'tlVdi�[u••�oc,�I,dda,1�Y!-�'1"�4^'��&'ti't
A. N(!1t�i rng9kr:rldnt,�Y a�ru Ifg uoudu wt�t trV� tats 9:: duu subdivisions containing land adjacent to publicly
owned or controlled bodies of water shall allow for pedestrian access to such water bodies
t d....:.... `aM
for residents 1-t. �.wodro�r,l -.V„ tN roww Glfdr.wsd�w a �wdw ud ;�rd ad N d' �..„,
� Via. Y� 1�.� �,�; m..� :�: d"d.t..u..�N.'.d tdN�d� �° ��...... -
B. Residential development and preliminary plats shall contain plans indicating how shoreline
vegetation will be preserved and erosion controlled. A vegetation protection and/or erosion
control plan judged by the Shoreline Administrator to be insufficient for protection of the shoreline
environment shall cause denial of an application.
P r�Ntl„ lItV;Pll1m INIII dbe I adVtl�NVds:... a ......... �........ 19 �dtl VY r V4dl dIvNC d d p' d6�VN1
IQQQp Id ,mpoYr Intl d';, a �Vd+:dl (Gd a4U4`tl, t�dudt � 1tlu4d dkd4°, atv8 d&....
lltwd t;.4,6wwwy 4r, not d1V'dilar�atd...� �tt ��I�t�.�.�wt��Y,4419ftP'u+. I VNO ("m( s:..
d..,ll'Y�.;'”d. .d....--... ...... P.. ld.... l.......Id ..........d,�.�,
i.......V)�k(ate Va:Vkt"..oviruur"J.s..VIIou.;11?da.d..Nwu..t."'..�" a so taituo1"p d?wad dddpt2u.. uuu 'w..Ia:".L.I�.V..�..0 d �:du uw..'..!..'Vu;V�Ituaill uu4ntenance
jallllli of ex d�,YV'�1 Nt idUVN:a�� tl�Vnd fit; Ilga 1udVll' a:bird IIYVo�d11111u naGn e rWII:II 1QJe m �:4dIUsw s" ent 1d1FVtl'11 Seo tki!i,�q,
�i .... ....d d A i d'�.�. t...... t ......... ......... ��o...o... .... ........._�
April 3, 2013 Prepared by BERK/TWC
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
..:.............aY.�'d@ dx�r•J •O5,VVJ41+4,11 4�i� &l.;.nuv4 ��.,�546„P�V i.o Nrbkre I� ,@"r"&; V ap6vow �� �u �u ��8 �� � 0�� i6�Mre � �V ���Y;vV ��V p(Jei,1)'
r � w r r r M { re,..��ab"'� as k8"�tlfl"��II•-4i � Wr',"°,aaa,a�aa"!�Po"
[[1? re"a'k' ' �'l u`''',k f-4"(,) ao�.,����Po" �"i�m��w� ,I[�i��'l 6� �w���a�� "��� gr��&�,�r�������t��?b�n G��'Wio'am��lll�J�lfi�'�"t�•�
17.07.170 Transportation ip IIIA„iil„°Illiiiip
Consultant Note: Revisions in this section are intended to clarify when standards apply to new or
expanded facilities versus maintenance and repair (allowed to have multiyear maintenance plans), and
to allow for flexibility in the location of parking areas due to site constraints or ADA requirements. Some
clarifications on performance standards were added to align with SMP Guidelines.
The following provisions shall apply to the location and construction of roads, railroads, hijk Li9..'".";,
wim�rea wMwu�p and parking within shorelines.
r -ti. 1 pareV1m;14reA 1a0�;�u`I„b rad„I; � a0� 9p'9'° iptl �.�?�+re�:9re � d u�wq"a,�l�ri��'a� O�dV���l re'_r � hrek IiUVIXllpk 9PY ,M � � � �.�rew�lU idul.. 4h�'+r SMV y!� �VKanaa il�lld,°
�m.m.......A. �._.M..................�.................�....................................................,.�,.......0 � ,...P, woi,,.,o,, �....,��,,�.,,.�.,.,,a,.,_m.......... ...,..e�n ,we��.....
o;uirm, uarere.'n.�8rew 0+.Le.7Jn a 'shi_Ha lui..le. ��+ulre...�..;�17�i rl Gare 4�� G�,�re�ayc ubli 11 ��u�:�N�.,.�� gu�...ha,A uuvne,,��; a[�pjk-a�hle
ijrererareA°cion of't is f'%/Lastif;,ir I,Iroi�asuara, a94l�iabi�;aMual ..9�":��.u��,?�Q�la�e �rri� r� re"!..u..11,l � �u� 4u� ns' yi!iva..uwa ua..M�wu.«�M..aa:ri.�.�aa.
......... �...e..'�..l..a„ Q�a amra�r�? sae 9„u1r°ubu coi)�u teM ^ uVllh S(c to
Yiraaa �"�'�� d wire 9V� !�� .��N.�.re��.Rarere4�, �,�re aVVfJ�� re,4 �rVga_fl,aaffV� IftM�M,I,., . ,.� , .,.,m m....... �..,. �. �„�..,.. ,
ikn � is"pa4M d if rev9 iakVYdll 'd �� iG64 1i&I� Na�gdy a Vry'j aq,r�IIn" I� 1i IIHho,i i rni r � ire d mViU) d r:alMi lrerer,Aed gf��fl'Ye' Hh(,, Y Iii�M
L.... br.............�. A..... ...� .���...m......... ...........
w
I aV 1�' to rl Y 1v1 u1:11 1, II �hre r p:tk""A INMVNII 11i v y �P«i'0�v 1pd;ag4"iidfw' o B Va4c% ^i0ll IrWgd pe,flul4 un a? ne"
U.............................................................................�.., ��. , .� , ,m.. a , . ,
Vre)s`..ofNV )o chn rep "'lrest:.jrema,!�.�.�usu7re tua�aNua:„ and will Aro n rrerG re:a �!,ya uu�'uu.i.�Mare�p reu�.�9�9u�a ..re,u ��ln�..p:�urre re� rm��.re'p:w:
reiM�iu�r�u��tla uMR uu�aU�»�:
A-,,R.;.II�� ,�a re u reu 11 .iii,are,i(!cI r oads and railroads shall not be located within a designated stream corridor
except where it is necessary to cross the corridor, or where existing development, topography, and
other conditions preclude locations outside the streamreia�w<uare;bed
&ak Y� n a@� a ipa 9a n(fM r re�reuMif riM,,pMNaaVa� a VMM .... a,are a IVB 44 �o »aUon Vs I[ht
reOaXw rll....�.f e .
fl" V..... MI �Vh� oali�°rr9���0 'f 9 �9 i[4atl "'.
Construction of roadways„auk ri: ih across stream corridors shall be by the most direct
route possible having the least impact to the stream corridor.
2. Roadways rwu° a afliioa s that must run parallel to stream or wetland edges shall be along routes
having the greatest possible distance from stream or wetland and the least impact to the
corridor.
3. Roadways dMr a �i iproad within the stream corridor shall not hydrologically obstruct, cut-off or
isolate stream corridor features.
4-:D. Material excavated from the roadway area to achieve the design grade shall be used as fill
where necessary to maintain grade, or shall be transported outside the corridor.
C—.E. Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause
displacement that would increase the elevation of flood waters such that it would cause properties
not in the floodplain to be flood -prone.
4-.F.Spoil, construction waste, and other debris shall not be used as road fill or buried within the
stream corridor.
G.Bridges and water -crossing structures shall not constrict the stream channel or impede the flow
of water, sediment and woody debris.
April 3, 2013 Prepared by BERK/TWC
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
4:7H.Natura|streamchanne|sanddrainagewaysshaUbeprexervedthnouQhtheusenfbhd0esfor
crossings, unless the use of culverts is demonstrated to be the only technically feasible means for
crossing. The use of bridges shall be the preferred means to preserve natural streams and
drainogevvays. Where bridges are not feasible, large, natural bottom culverts-,.- mou|ti'p|atepipesl
and bottomless arches shall beused
the Wash4]1.?,1_qfLQ.p12�!Ltment of Fish and Wildlife.
9-.1. Roads and bridges within flondvxays must meet
apply to new or (:'�x�')andcd uses within Shoreline jurisdiction.
"L�_PorkinQareasshall belocated upland ofthe areasthevsenn�U-Idt'SS'
Micwinei
April 3,2o13 Prepared byosnK/TW[
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
17.07.180 Utilities
Consultant Note: Revisions in this section are intended to clarify when standards apply to new or
expanded facilities versus maintenance and repair (allowed to have multiyear maintenance plans). Some
clarifications on performance standards were added to align with SMP Guidelines. Streamlining of
standards was also an objective (e.g. removing multiple references to flood hazard standards).
The following provisions shall apply to the location, construction, or installation of utility transmission
lines and facilities (such as those for wastewater, water, communication, natural gas, etc.) within cu
°
.'�;..,„u��8�4g4u
.Ireut `h,',iH �I��a.” " a.�I1 Aciia
Aa ro 4,11, ml l "411114 kl;I V" �Ill�m: 4VYa4 f ref P� L.. �G''kll uk 11414.,.�$I�!'w�ear 1. [iflSIes n4 a i%,Vt,G rlldV1; e �Iz 44Y d4 V'wC' IfY911di a�444;�
44rr44 4a,t1f14G4 tial Ya,444" r 4V4.i fl0kd;64Vd�dadlla44"'4d 1 k;4aJl�l4,"a tl"',�r49 ! r�^'194 u'41.�r Se 446RdN 1 d 07 90.
,,
�a n I S a4 I S(\Ah: II�, d"a��IIY14?�11� Id�"�I�� n„4tl'a'DiltV OI: lhf,b tl' fl)M a;p e nGdV""4 94 111 "11i�:G vit `��bv
no�Howcd 1411 a 41114 llpl(" �I9dll I'” �IG iGkdV IuVV �tlaaaM 14, g ir, h:,mid',tnsh �flG!;',d d0:
1 -M) of h 4 q 14 auIswV4....4. N„u idrs4 a4 ri�4ul uVri,mp reau
Gld” 4a hl(k�a9�B4444 tl �...i�4ti' 44,D t i1,4VYVl'm14.4.U� �.a44944i.�.d.�.l L4;�,de'.s.,ala��p�4i4tl,;�s.d.���.
u d"44 fa(i�nth d''a �l4 ' IfiPu41144�rua�4h 4i4 44 19444 brd4�`4 d kRI 4V)4 et fed tal of tirl -' II�r ndU tes
M-. C. Utility transmission lines and facilities shall be permitted within the stream corridor only
where it is necessary to cross the corridor or where existing development, topography, and other
conditions preclude locations outside the stream corridor.
1. Utility transmission lines and facilities across stream corridors shall be by the most direct route
possible having the least impact to the stream corridor.
The construction of utility transmission lines and facilities within a stream corridor shall be
designed and located to ensure minimum disruption to the functional properties specified
under Section 16D.06.05 (Functional Properties) of this title.
N-. Q. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy
replacement or repair with minimal disturbance to the stream corridor.
CSE. Buried utility transmission lines crossing a stream corridor shall be buried a minimum of four feet
below the maximum scour or 1/3 of the bankfull depth of the waterway, whichever is greater, and
for a similar depth below any associated floodway and floodplain to the maximum extent of
potential channel migration as determined by hydrologic analysis.
iZV. e�a44 a Gd IIDq da a a4Q� �Pti a4 d4 a4f1 � d 44IfIVV q� d'1f4 r o")rIlUifiq-"d 1f+ rthn thc Q,h4dtJ 411 fl of an fndsl4r r� "a 4Q f P Pya
ur augil d a�� ���. u4u� 44i u d it �� !duaauo:udai�I a ild�.bu u�qullun ��aam �L gn , Wherever possible, new aboveground
installations shall use available, existing bridge and utility locations and stream corridor
crossings as opposed to creating new locations and stream corridor crossings.
44-- G. Aboveground electrical support towers and other similar transmission structures shall be
located as far upland as is practical.
April 3, 2013 Prepared by BERK/TWC
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
+�-.H. Transmission support structures shall be located clear of high flood velocities, located in
areas of minimum flood depth which require the least floodproofing, and shall be adequately
floodproofed.
&I_Underground utility transmission lines shall be constructed so they do not alter, intercept or
dewater groundwater patterns that support streams, wetlands and hyporheic flow.
TJ_All new and replacement water supply systems and wastewater systems within a special flood
hazard area must meet the requirements of 17'01"J. 020 Hood I i'I/p
e
-W-. K. Utility transmission lines within the Floodway Fringe shall meet the standards of Section
1 (').), k20 V k od Rizai„d
� L. Utility transmission lines within the Floodway shall meet the standards of Section 11,09-020
Vlldo....p'.u.�:.0...u.."."..uu,�r
W-. M. Additional Shoreline Standards for Utility Transmission Lines and Facilities. The requirements
below shall apply to all utility transmission lines and facilities within Shoreline jurisdiction. Utility
services to individual projects undergoing Shoreline review, including those where the primary use
may be in a different Shoreline environment than the utility service, shall not require separate
Substantial Development Permits for utility service installations, but are subject to all of the
provisions in4.u�/oii�u;,�uN�C.//��w�ss�����/./���.������:�,ulf/:����lua��.... +e�u�p, except those listed
below. Utility service to projects outside Shoreline jurisdiction is subject to normal Shoreline
permitting, and is subject to all of the provisions in N xsu...(Ul 1, H ty- 1"rar'4w.s5i��u�
; / u n, except those listed below.
1. Where feasible, utilities shall be placed underground unless such undergrounding would be
economically or technically prohibitive.
2. New utility facilities shall be designed and located to preserve the natural landscape, and
minimize conflicts with present and planned land and shoreline uses, especially recreation,
residential and public access.
3. Expansion, updating, and maintenance of existing facilities is allowed but shall be designed to be
located to avoid adverse impacts to shoreline resources as much as possible.
4. Permit applications shall meet the following submittal review standards:
a. Applications shall submit studies (social, economic, environmental, engineering, etc.) to
demonstrate that a shoreline location is the most feasible of the available options.
b. Applications to locate transmission lines shall submit a location plan that shows existing
utility routes in the vicinity of the proposed transmission line. Failure of utility lines to
follow existing routes, where feasible, shall cause denial of the application.
Applications shall include a reclamation plan that provides for re -vegetation and
protection of shoreline areas from erosion and siltation. A re -vegetation or erosion
protection plan judged by the rdw"�i !Uu ��uinistabt to be
insufficient for the protection or restoration of the Shoreline environment shall cause
denial of the application.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
17.07.190 Redevelopment, Repair, and Maintenance (All New)
Consultant Note: This is not a required section, but based on discussions with stakeholders such as
WSDOT, State Parks, Wastewater Treatment Plan staff, and private lake owners, the ability to apply for
multi-year maintenance plans was seen as valuable to streamlining permitting and also to ensuring
consistent interpretation.
This section addresses how regulations apply to redevelopment, repair, or maintenance activities;
clarifies how SMP standards proportionally apply to redevelopment activities; and provides a process for
multi-year management plans for maintenance and repair.
A. SMP provisions shall not apply retroactively to existing uses and developments.
B. Legally established uses and developments may be maintained, repaired, and operated within
shoreline jurisdiction and within shoreline and critical area buffers established in this SMP. Normal
maintenance and repair, as specified in Section 17.13.050, do not require shoreline permits.
C. Consistent with the Applicability provisions of Section 17.01.020, SMP standards shall apply to
expansions or alterations of uses or developments and to new development or redevelopment of a
property as follows:
1. The Shoreline Administrator shall determine the extent of compliance with SMP provisions.
2. The required provisions shall be related to and in proportion to the proposal. For example, if an
upper story is added to a structure, requirements related to building heights and views may
apply. If vegetation is removed beyond normal maintenance pursuant to Section 17.05.030,
vegetation conservation and shoreline buffer standards may apply.
D. In order to provide consistent interpretation of SMP exemptions, streamline permitting, determine
applicable SMP standards regarding maintenance or repair activities, apply best management
practices or protocols to ensure no -net -loss of shoreline ecological function, and identify the need
for notification of activities, the City may approve multi-year programmatic shoreline exemptions
consistent with specific exempt activities allowed in Section 17.13.050 for the following types of
uses and modifications.
1. Dredging
2. Private development and facilities on private lakes
3. Public Parks and Recreation
4. Transportation facilities
5. Utility facilities, including, but not limited to wastewater and water systems
E. Applicants for multi-year maintenance plans shall provide the following information for
consideration by the Shoreline Administrator:
1. Description of proposed maintenance activities and best management practices;
2. Type, methods, and frequency of maintenance or repair activities;
3. Length of requested multi-year maintenance plan. Multi-year maintenance approval should not
exceed five years, except where expressly allowed in this Master Program;
April 3, 2013 Prepared by BERK/TWC 11
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
4. Specification of which activities the applicant will regularly notice the City or which do not
require advanced notice;
5. Description of aquatic habitat protection measures and any applicable permits received for that
work;
6. Description of riparian and wetland protection measures and any applicable permits received
for that work;
7. Description of stormwater management practices to reduce both water quantity and water
quality impacts and any applicable permits received for that work;
8. Description of erosion and sediment control practices that prevent off-site movement;
9. Description of re -vegetation or restoration activities following maintenance or repair; and
10. Description of chemical and nutrient use and containment practices such as Integrated Pest
Management (IPM).
11. Description of compliance with use -specific criteria in Sections F to J below.
F. Dredging. Applications for dredging maintenance plans shall demonstrate compliance with
regulations in Section 17.07.060.
G. Private development and facilities on private lakes.
1. A multi-year maintenance plan for private development and facilities on private lakes shall be
consistent with covenants, codes, and restrictions of a property owners association, where such
an association exists.
2. The applicable use or modification performance standards of Chapter 17.07 shall be
demonstrated to be met by applications for multi-year maintenance plans.
H. Public Parks and Recreation.
1. A multi-year maintenance plan for public parks and recreation facilities shall describe
management objective or desired outcome for shoreline habitat and water quality topics stated
in application criteria E.3 to E.9 above, specific performance requirements for each standard,
and corrective actions that would be implemented if the performance requirement(s) is not
met.
2. Applications for parks and recreation maintenance plans shall demonstrate compliance with
regulations in Section 17.07.130.
I. Transportation facilities.
1. Appendix X contains a programmatic exemption for Transportation facilities under the
responsibility of the Washington State Department of Transportation to allow for routine
maintenance and repair of existing highways and associated facilities.
2. This Appendix is considered an interpretation by the Shoreline Administrator pursuant to
Section 17.13.020 and may be addended or clarified pursuant to the process of Section
17.13.020. It is not subject to SMP Amendment procedures of Section 17.13.140.
3. The duration of the programmatic exemption shall be eight years from the effective date of this
SMP (effective XXX 2014).
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
4. The programmatic exemption maybe renewed as part of the regular SMP Update process
consistent with the Shoreline Management Act at RCW 90.58.080.
5. Applications for transportation maintenance plans shall demonstrate compliance with
regulations in Section 17.07.170.
J. Utility facilities. Applications for utility maintenance plans shall demonstrate compliance with
regulations in Section 17.07.130.
K. City authorization of multi-year programmatic maintenance plans.
1. The City may approve multi-year programmatic maintenance plans that solely contain exempt
activities consistent with the interpretation process of Section 17.13.020, when consistent with
the following criteria:
a. The policies and procedures of the SMA;
b. The provisions of WAC 173-27;
c. Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and
d. This Title 17.
2. The City may approve multi-year programmatic maintenance plans that include a combination
of exempt and non-exempt activities. The permit process shall follow the permit process
consistent with non-exempt activities pursuant to Section 17.03.070, Shoreline Use and
Modification Matrix. The criteria for approval shall follow the applicable criteria for the permit
type in Chapter 17.13, e.g. Shoreline Substantial Development Permit or Shoreline Conditional
Use Permit.
3. The City may attach conditions to the approval of multi-year maintenance plans as necessary to
assure consistency of the project with the Act and this SMP. Additionally, nothing shall interfere
with the City's ability to require compliance with all other applicable laws and plans.
"1111 1 E IIS°"'j' 1"TMG „ USE'S, S`WIRLICTIi IV , 11 D IIIL. ""'1l"S , II IIID VIII '
Consultant Note: This section relies on Ecology's non -conforming rules plus the allowances for treating
pre-existing single family homes as legal consistent with the recent amendments to the Shoreline
Management Act. The Ecology rules on non -conforming uses and structures are found at:
J,Lg2 a p Nt g; �ZgvypiL _c aV1.
Nonconforming uses or developments are shoreline uses or development which were lawfully
constructed or established prior to the effective date of this Master Program, or approved amendments
to the Master Program, but which do not conform to present regulations or standards of the Master
Program. The intent of this chapter is to provide regulations regarding nonconforming uses, structures,
and lots as well as to establish residences as pre-existing legal uses, conforming to the Master Program
as allowed by the Act.
17.11.010 Nonconforming Uses
A. Uses and developments that were legally established and are nonconforming with regard to the use
regulations of the Master Program may continue as legal nonconforming uses. Such uses shall not
be enlarged or expanded unless expressly allowed by Sections 17.11.010.6 and 17.11.040.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
Nonconforming single-family residential uses that are located landward of the ordinary high water
mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards
by the addition of space to the main structure or by the addition of normal appurtenances as
defined in WAC 173-27-040 (2)(g) upon approval of a conditional use permit by the Hearing
Examiner.
C. A use which is listed as a conditional use but which existed prior to adoption of the Master Program
or any relevant amendment and for which a conditional use permit has not been obtained shall be
considered a nonconforming use. A use which is listed as a conditional use but which existed prior to
the applicability of the Master Program to the site and for which a conditional use permit has not
been obtained shall be considered a nonconforming use.
D. A structure which is being or has been used for a nonconforming use may be used for a different
nonconforming use only upon the approval of a conditional use permit by the Hearing Examiner. A
conditional use permit may be approved only upon a finding that:
1. No reasonable alternative conforming use is practical; and
2. The proposed use will be at least as consistent with the policies and provisions of the Act and
the Master Program and as compatible with the uses in the area as the preexisting use.
In addition such conditions may be attached to the permit as are deemed necessary to assure
compliance with the above findings, the requirements of the Master Program and the Shoreline
Management Act and to assure that the use will not become a nuisance or a hazard. A use
authorized pursuant to subsection 17.11.010.D of this section shall be considered a conforming use
for purposes of this section.
If a nonconforming use is discontinued for twelve consecutive months or for twelve months during
any two-year period, the nonconforming rights shall expire and any subsequent use shall be
required to conform to this title.
17.11.020 Nonconforming Structures
A. Structures that were legally established and are used for a conforming use but which are
nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be
maintained and repaired and may be enlarged or expanded provided that said enlargement does
not increase the extent of nonconformity by further encroaching upon or extending into areas
where construction or use would not be allowed for new development or uses.
B. A structure for which a variance has been issued shall be considered a legal nonconforming
structure and the requirements of this section shall apply as they apply to preexisting
nonconformities.
C. A nonconforming structure which is moved any distance must be brought into conformance with
the Master Program and the Act.
D. If a nonconforming development/structure is damaged to an extent not exceeding seventy-five
percent of the replacement cost of the original development, it may be reconstructed to those
configurations existing immediately prior to the time the development was damaged, provided that
application is made for the permits necessary to restore the development within six months of the
date the damage occurred, all permits are obtained and the restoration is completed within two
years of permit issuance.
April 3, 2013 Prepared by BERK/TWC 14
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
17.11.030 Nonconforming Lots
Consultant Note: Paragraph B adds some flexibility and has been developed based on interpretations
and discussions with Ecology in other jurisdictions.
A. In any district, any permitted use or structure may be erected on any existing lot or parcel. This
provision shall apply even though such lot fails to meet the minimum dimensional requirements of
this SMP, provided that such structure is allowed within the shoreline environment and all uses of
the nonconforming lot shall comply with all other provisions of the SMP and underlying zoning
requirements including setbacks, dimensional standards, and lot coverage requirements.
B. Structures and customary accessory building,; on non -conforming lots shall be set back from the
OHWM to the greatest extent feasible. Development proposed inside required buffers shall go
through mitigation sequencing and shall require a mitigation plan.
17.11.040 Pre-existing Legal Uses — Conforming Residential Structures
Notwithstanding Sections 17.11.010 to 030, the following shall apply to preexisting legal residential
structures constructed prior to the effective date of this SMP (XXXX, 2013):
A. Residential structures and appurtenant structures that were legally established and are used for a
conforming use, but that do not meet standards for the following shall be considered a conforming
structure: Setbacks, buffers, or yards; area; bulk; height; or density.
B. The City shall allow redevelopment, expansion, change with the class of occupancy, or replacement
of the residential structure if it is consistent with the SMP, including requirements for no net loss of
shoreline ecological functions.
C. For purposes of this section, "appurtenant structures" means garages, sheds, and other legally
established structures. "Appurtenant structures" does not include bulkheads and other shoreline
modifications or over -water structures.
D. Nothing in this Section 17.11.040: (a) Restricts the ability of this SMP to limit redevelopment,
expansion, or replacement of over -water structures located in hazardous areas, such as floodplains
and geologically hazardous areas; or (b) affects the application of other federal, state, or City
requirements to residential structures.
April 3, 2013 Prepared by BERK/TWC 15
;ill, 2w0e1,4 jai°.
i'akh ma Programmatic Exemption
Issued to the
Washington State Department of Transportation,
South Central Region
This Programmatic Exemption (PE) between u.;o-w�ihi��.-F G,: , � o „"uh e `r(1v k e ( 'o wd"A ity)
and the Washington State Department of Transportation (WSDOT) South Central Region, in accordance
with the current 1� � h�� t ����s� � � �i�Ty� �i Yy[" hna R(—' r.momh ii h Shoreline Master Program, establishes procedures
for classifying and documenting WSDOT projects within 11ic ( 'iIl_Shoreline jurisdiction as
programmatically exempt from further review for a period of :[ r ve (,r uJ i s (,`, ri) years from the
cHu 1wv c date ww Awrom xl 1��4�h:�^u� ��d V V ,m Y "'ui„kirw "uJ II . WSDOT projects that do not fall under the purview of this
PE shall undergo standard 'uima ', 117 _review.
Location/Legal Description:
All WSDOT, South Central Region projects associated with state route locations within
Ail" "ValJnw as outlined in WAC 173-18-430. For more information on
F uw:MA 0411l v oV' uk� nI�� shoreline jurisdiction, please refer the current Ya1 h' 1,0H
11" ofShorelineMasterProgram(SMP), "��a�lauhoh w ;wuiwl,� ��m
�4I I'll 1i6'ylx,w4Code Title
Exemption Citation
WAC 197-11-800
(2) Other minor new construction (c)
(3) Repair, remodeling, and maintenance activities
WSDOT is SEPA Lead Agency on WSDOT projects. Should a SEPA Checklist be required, Vi4 iiIi�a
will receive a copy of the documentation.
1�11O. 1 /.'. ',yyj� !,I„ ,," ryj,�,�.'p e ry }4 '� ° p %.� j9�"1�p}q„',
/ 0 �O and V C 0 9Y^ )4b 4��,li Y^ �.7,p 4..,.. .�4� 18 1 �M O� �Pw 0 lA”' 8 4 „Y^ 5i fP J /.J
l„ f 1u.A( ,�_ _? �L-0,40(,2J�(li�Developments exempt from substantial
development requirement
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Proposed Activity
Normal maintenance, repair, and safety upgrades of state highways and related structures or
lands. Please refer to PE Appendix A for Functional Work Zones and PE Appendix B for
further descriptions of exempt activities.
WSDOT Standard Protection Plans, Policies, and Best Management Practices
WSDOT adheres to standard protection plans and policies, in addition to employing Best
Management Practices (BMPs), to ensure the highest level of compliance with applicable
federal, state, local, and tribal laws and policies, including regulating stormwater discharge,
protecting sensitive areas and species, promoting and protecting clean water, protecting
human and environmental health, minimizing erosion, and addressing emergencies.
WSDOT's protection plans and policies are available upon request.
Additional Permit Requirements
't(O 12 101 �1 7>o1i w, .iw %/WSDOT Programmatic
It is understood that this PE does not excuse WSDOT from compliance with any other
federal, state, or local regulations or permits affecting these actions. This includes obtaining
necessary Hydraulic Project Approvals from the Washington Department of Fish and
Wildlife, compliance with Washington State Department of Ecology standards, and
compliance with the Va ioo-na(':Muo�y-Critical Areas I,) �4u��o-f,�1�f �e r t"ty �a6ou "rs' eN«0o] �11i nhc
� iN Bio 1� ��IJIc n ,lI�M'n �.
Notification Procedures
Prior to work within ''.;4 ioi,o-g ,'GGA shoreline jurisdiction, WSDOT Environmental Staf w� mai the
designee a memo stating the appropriate PE Exemption Citation (found in this PE, Appendix B) and the
following basic project information: brief work description, location (lat/long and a vicinity map
S-ir1! � ro io- )24'rf"iG�w ('.�,4.o-o-isy °' �� ,������u�r �: 3o��u:�, as well as aparcel number if applicable), WSDOT Functional Work
Zone, and estimated construction timing.
Exceptions to individual notification will include any work 16M '41-"J" ,_ �� rg �� , `�� , i -x et;
listed in Appendix C.
If the O t ,) does not reply to a notification, it will be perceived as a concurrence.
"��k.=��ld�D � �,asb:���, qp=��WSDOTProgrammatic
Appendix A
Functional Zones and Objectives
Figure 1. Functional Zones
Table 1. Functional Zone Objectives
Zone 1: Vegetation Free
Zone 2: Operational
Zone 3: Transition/Buffer
0-2 J� e 1 from pmemenl or as nc ces-
Zone Z or pavemen! edge to HIM
Zone 2 to righl cif i,�m, line
San,
operolionol needs
Provide surface drainage
Control weeds
Control weeds
Reduce fire potential
Prevent erosion
Prevent erosion
Provide visibility and mainte-
Maintain hydraulic capacity of
Promote self-sustaining plant
nance of roadside hardware
ditches
communities
Prevent pavement breakup by
Maintain design width for
Maintain and enhance visual
invasive plants
vehicle recovery
quality
Provide sight distance for
Provide sight distance for
preserve wetlands and wildlife
passing, stopping, and at
passing, stopping, and at
habitat
intersections
intersections
Prevent the buildup of wind-
Provide vegetative cover but
Eliminate danger trees causing
eliminate vegetative obstruc-
excessive shade on the road
blown debris and winter sand at
tions (trees and shrubs with
pavement (ice and frost potcn-
pavement edge
trunk diameter of 4" or more)
tial) or hazard tree removal
Blend and/or screen adjacent
Keep clear of obstructions and
Provide wildlife habitat where
surroundings to meet goals
hazards
compatible with roadway traffic
and objectives of the Roadside
Classification Plan
Accommodate underground
Acconunodate utilities
utilities
I 20-12014_(;(-)twit)2(;ilY/WSDO'I' Progi-aininatic
Appendix B
Proposed Activities Occurring Frequently within WSDOT Functional Zones
A highway facility is made up of several components within the right of way: the highway, the shoulder,
roadside slope, ditch, and adjacent land between the ditch and the right of way line or fence, often referred to
as the clear zone. In order to maintain a functioning state highway system, WSDOT highway facilities
require regular maintenance and repair, as well as upgrades to safety standards in response to evolving
transportation needs. Descriptions of normal maintenance and repair activities, including safety upgrades, are
provided below and include the WSDOT Functional Zones in which they may occur (see PE Appendix
A).These activities are not considered new development, as they maintain the function of the existing
highway facilities. Without the following activities, the highway facilities would not meet federal
transportation standards set forth by the Federal Highway Administration (FHWA).
1. Bank protection and scour repair
Zones 1 & 2
Highways adjacent to water courses, drainage ways, and embankments throughout the state are protected
in a variety of ways against damage due to high water. Structures and in-kind repairs such as barbs, rip -
rap, pile revetments, retaining walls and cribs, rock and wire mesh (gabions), and vegetation must be
inspected during storms or periods of high water, as well as at least once each spring or after major high
water periods, and repairs made where required. In-kind repairs merit a notification as described in this
PE, including a justification to the amount of material being used (i.e. how WSDOT justifies an "in-
kind" replacement) In-kind scour repair activities may involve the use of jacking platforms or footing
work to fill voids and replace structures or banks to as -built, or natural conditions. Inspections shall
occur as per normal maintenance operations without notification as described in YCC 16D.03.05.
2. Bridge repair
Zone 1
Normal maintenance and repair of bridge components above the ordinary high water mark (OH WM)
including repairing structural components (i.e., trusses, abutment, deck, piers, etc.). Other bridge repair
and maintenance are discussed in the PE, Appendix C (2).
3. Culvert replacement Zones 1, 2, & 3
From time to time culvert maintenance and repair is no longer adequate and a culvert needs to be
replaced to minimize the possibility of damage to the roadbed by water saturating the fill material. Scour
areas are repaired during these actions and necessary armoring typically occurs to protect outfall areas.
Culvert maintenance is addressed in the PE, Appendix C (3)(b).
4. Intelligent transportation systems
Zones 1, 2,&3
Intelligent Transportation Systems (ITS) improve transportation safety and mobility and enhance
productivity through the use of advanced communication technologies and their integration into the
transportation infrastructure. These systems encompass a broad range of communications -based
information and electronics technologies. Due to the dynamic nature of ITS, these systems quickly
become outdated and will need repair, upgrade, and/or replacement. Installation of new signs, signals,
and other electronic communication devises is required to keep the public safe and informed as traffic
volumes increase and specifications change. Normal maintenance and repair of ITS components may
include installation of new poles, installation, repair, and maintenance of cable vaults and junction boxes,
tree removal for communication `line of sight' (allowing communication between devices), repair or
replacement of existing poles and footings, repair or replacement of cameras and communication or
electrical equipment, removing, replacing, or relocating highway signs within the highway right of way,
installation of or repair to Highway Advisory Radio equipment (flashing light signs) and Variable
Message Signs (VMS), and trenching associated with connecting electrical signs and equipment with the
nearest communication devices and power source. Any new or maintenance work that disturbs the
ground shall require notification to the City as per the notification section of this PE. All other
work may be considered part of Appendix C of this PE and requires no notification. For example, a new
sign requires notification, whereas replacement or repair of equipment on an existing pole does not.
5. Traffic barrier installation
Zones 1 & 2
Traffic barriers are used to reduce the severity of accidents that occur when errant vehicles leave the
traveled way. However, traffic barriers are obstacles that vehicles will encounter and are only used when
justified by accident history or other minimum design and safety criteria (e.g., slope ratio, fixed objects,
or water). When paired with increasing traffic volumes and vehicle accident rates, design standards may
change to require traffic barriers such as guardrail or cable barrier to be installed in new locations. These
structures are not new development, but rather normal maintenance and repair, including safety upgrades
of state highway facilities as required by the FHWA. Any roadway prism expansion or use of fill that
expands the roadway footprint will require notification to the GetmtyCity, as per the Notification
requirement of this PE, and may need to go through the permitting process. Replacement -in-kind or
repair to these traffic barriers is addressed in the PE, Appendix C.
a. Cable barrier
Cable barrier, sometimes referred to as guard cable or high-tension cable barrier, is a type of
roadside or median barrier consisting of steel wire cables (typically three or four) mounted on weak
posts. As is the case with any roadside barrier, its primary purpose is to prevent a vehicle from
leaving the traveled way and striking a fixed object or terrain feature that is less forgiving than itself.
Also similar to most roadside barriers, cable barriers function by capturing and/or redirecting the
errant vehicle.
b. Guardrail
Guardrail prevents vehicles from veering off the roadway or into oncoming traffic, crashing against
solid objects or falling into a ravine. A secondary objective is keeping the vehicle upright while
deflected along the guardrail.
c. Shield re -directional landforms
Landforms, such as berms, may be used to delineate and redirect errant vehicles. The current practice
is to surround landforms with guardrail or cable to prevent vehicle roll-over.
6. Shoulders and slopes
a. Shoulder repair
Zones 1 & 2
Shoulder damage can be caused by erosion from adjacent waterways, heavy precipitation, or water
overflowing the roadway. Repairing this damage must occur regularly to maintain a functional
roadway prism. Removing buildup of sand, dirt, and vegetation at the edge of paved shoulder allows
for proper drainage. Grading/reshaping shoulders by pulling aggregate from the shoulder back
towards the roadway (and away from slopes and potential water) is done using a motor grader or
other equipment. This may include the addition of more aggregate to fill in areas where there is not
adequate material to reshape the shoulder. Shoulder repair activities on slopes above shoreline
waterbodies will follow notification procedures as outlined in this Exemption. Those shoulder repair
activities above ditches will not require notification, as stated within the PE, Appendix C (8)(a)
(Figure 2 below).
06,p..�.!014 �. JWSDOTProgrammatic
Typical 2 -Lane Roadway
TWO LANE I > Appendix B
ROADWAY Email notification
ORDINARY HIGH
WATER MARK
Appendix C
No notification m
(Includes work in medians)
Figure 2. Notification requirement for shoulder repair work by roadway prism location.
b. Slope flattening
Non-standard roadbeds and ditches should be modified to produce a relatively flat, shallow slope to
enhance motorist safety. Slope flattening activities on slopes above shoreline waterbodies will follow
notification procedures as outlined in this PE. Those slope flattening activities above ditches will not
require notification, as stated in the PE, Appendix C (8)(b) (see Figures 2 and 3 for clarification of
work areas).
c. Slope repair/slide and rock fall debris cleanup
Removing material from slides or eroded slopes which have blocked ditches or covered or
undermined part or all of the road shoulder or travel lane is important for proper roadway function.
This includes repairing slopes that have been damaged from erosion or embankment failure. Slope
repair may include stabilization activities such as wire mesh netting, bolting, installation of
catchment fencing or gabion basket walls, and typical rock removal procedures such as scaling or
controlled blasting activities intended to remove loose rock. These repair and clean-up activities on
slopes above shoreline waterbodies will follow notification procedures as outlined in this Exemption.
Those activities above ditches will not require notification, as stated within Appendix C (8)(c) (see
Figure 3 below).
Typical 2 -Lane Roadway
TWO LANE
ROADWAY
AppendN B
Email nolification
ORDINARY HIGH
WATER MAMC
Appendix C :.
No notification b.
Figure 3. Notification requirement for slope repair/slide and rock fall debris clean-up work.
',NJ ,?,-109-.p Programmatic 6
7. Weigh in motion Roadway surface and Zone 1
A weigh in motion (WIM) is a scale facility capable of weighing a vehicle without the vehicle stopping,
through the use of Commercial Vehicle Information Systems and Networks (CVISN), which allow the
driver to be notified without stopping. These WIM facilities are typically located where there is already
adequate room within the roadway prism. Only facilities located within an existing roadway are covered
under this exemption. WIM facilities require pavement/shoulder excavation, installation of electronic
scale and communication devises, pavement overlay (concrete and/or asphalt), and pavement markings.
Both WIM and CVISN require periodic maintenance.
8. Hazard/danger tree removal Zones 1, 2, & 3
The Regional Road Maintenance Program routinely identifies and eliminates hazard/danger trees that
endanger state highways (YCC 16D.03.07(17). As with all WSDOT activities, proper approvals will be
obtained prior to work, unless there is an emergency situation.
24H-'' ") H CouiF iy(_ r�/WSDOT Programmatic 7
Appendix C
Minor Activities Allowed without a Permit or Exemption
The following typical WSDOT activities meet the definitions and thresholds identified in YCC 16D. 03.05:
Minor Activities Allowed without a Permit or Exemption, and will be considered exempt front further
individual review under this PE.
1. Auxiliary facilities
a. Historical markers
Zones 2, & 3
WSDOT maintains road approaches, parking areas, litter barrels, and advance advisory signing
associated with historical markers and their related structures.
b. Park and ride lots
Maintenance of park and ride lots is critical for customer and vehicular safety, accessibility,
utilization, and the protection of infrastructure. These activities are similar to safety rest areas and
viewpoints in the following descriptions.
c. Safety rest areas
Safety rest areas are located adjacent to the highway and within highway right of way. Regular
maintenance of rest area property includes scheduled maintenance of septic tanks, drain fields,
pumps, filters, and back-flow prevention devices, in addition to the water supply (springs or wells).
Rest area maintenance and repair also includes maintenance of structures/buildings, pavement
surfacing and markings, and vegetation management.
d. Stockpiles
WSDOT maintains stockpiles of sand and salt, ready for winter use. Stockpile sites are to be cleared
of all vegetation (including trees and brush), rocks, or other debris. Sbodkpilk s clx' uI) m(�� )i'(11,,Il mg nda� ,„uup
[i!e .(11ool(Bw"mI-IJIn11'
e. Viewpoints
Viewpoints generally consist of a parking area with litter barrels. Parking areas, fences, and guardrail
must be kept in good repair, and undesirable brush and other debris must be removed.
f. Weigh Stations
WSDOT weigh stations that are outside of the roadway prism require periodic maintenance and
repairs including, but not limited to paving, pavement marking, vegetation management, and
communication equipment upgrades.
2. Bridge superstructure, deck repair/rehabilitation, and maintenance Zone 1
Normal maintenance and repair of bridge components above the ordinary high water mark (OHWM)
includes: cleaning and painting, cleaning and repairing bridge drains by removing debris, silt, or other
blockages from bridge drain covers or inlets, repairing or replacing failed expansion joints on bridge
decks or pavement seats at bridge ends, and repair and maintenance of non-structural portions of the
bridge (e.g., traffic gates, bridge house, navigation lights, etc.). All work of this nature shall comply with
WSDOT's current National Pollutant Discharge Elimination System (NPDES) Bridge Washing Permit.
3. Drainage
a. Catch basin maintenance and repair
Zones 1, 2, & 3
A catch basin (i.e., storm drain inlet, curb inlet, etc.) is a component of the storm drain system that
typically includes a grate or curb inlet (where stormwater enters the catch basin), paired with a sump
to capture sediment, debris, and associated pollutants. Catch basins act as pretreatment by capturing
:p4�iV 9�-`�uu�p �n,r,��-P8G@a4¢�, �„B��iWSDOTProgrammatic
large sediments, while a sump removes liquids and smaller sediments. The performance of these
systems depends on routine maintenance to remove accumulated debris and maintain capacity. This
can be accomplished through mechanical removal of sediment and debris from the catch basin using
equipment such as a vactor truck, as well as repairing or replacing catch basins and manholes to
insure proper drainage flow.
b. Culvert inspection, cleaning, and repairs
Routine culvert cleaning is necessary to keep them functioning properly and to avoid damage and
undue wear. Cleaning can be accomplished using mechanical equipment such as a vactor, flusher, or
backhoe. Areas around culvert ends need to be inspected and any scoured areas repaired as necessary
with rip rap or other protection. Culverts need to be inspected at least twice a year and repaired or
replaced if badly worn or broken to minimize the possibility of damage to the roadbed by water
saturating the fill material. Culvert replacement is addressed in the PE, Appendix B (2).
c. Detention/retention basin maintenance
A detention basin temporarily stores water after a storm, but eventually empties at a controlled rate
to a downstream waterbody. A retention basin is a type of BMP used to manage stormwater runoff to
prevent flooding and downstream erosion, and improve water quality in an adjacent waterbody.
These ponds are typically surrounded by vegetation, and storm water is typically channeled to a
retention basin through a system of street storm drains, and a network of drain channels or
underground pipes. The basins are designed to allow relatively large flows of water to enter, but
outlet structures are only designed to function during very large storm events. To function correctly
the controlled outfall or outlet pipe must be free of debris and accumulated settled materials must be
removed on a schedule based on experience at each site. If oil separators are combined with these
facilities, timely removal and proper disposal of oils is essential. Other maintenance of these
structures includes structural repair, vegetation management, and culvert repair (see (2)(b) above).
d. Ditch maintenance
Roadside ditches are necessary conveyance structures to move stormwater through or away from the
highway right of way. Sedimentation, vegetation, litter, and other debris accumulate over time,
reducing the efficacy of stormwater conveyance, and often creating a potential threat to the adjacent
roadway. Regular inspection, maintenance, and repair of roadside ditches (including gutters) is
required to maintain a safely operating highway system. Vegetation will generally only be removed
when flow is blocked and by using BMPs that minimize erosion and sediment escape to waterbodies.
e. Under drains
Under drains are often constructed in the sub -grade to intercept subsurface water from springs and
seepage water from the surface or percolating from below. Control of this water is essential to ensure
the stability of the sub -grade upon which the highway is constructed. Normal maintenance and repair
of these drains include regular inspection (on the same schedule as culverts) and maintaining open,
clean outlets. Choked under drains can be cleaned by high pressure flushing with water or flexible
sewer rods. In cases where roots effectively block the drainage, the use of herbicides may be
indicated. Whatever method of cleaning is used, erosion and sediment control will require
consideration and appropriate BMPs may need to be installed.
4. Landscape maintenance
Zones 2 & 3
Maintenance of the roadside from the edge of the pavement to the right of way line includes all
vegetation control activities, formal landscaped areas, and litter pick up. WSDOT must maintain design
width for vehicle recovery, provide appropriate sight distance at interchanges and at intersections,
maintain hydraulic capacity of ditches, accommodate underground utilities, control weeds, prevent
1 20 B 2 2G➢ 4 1 ('otfq y( iYm, /WSDOT Programmatic
erosion, maintain and enhance visual quality, install and repair fences, and control vegetation by burning
within the right of way.
S. Right of way fences Zone 3
WSDOT right of way fences will be maintained.
6. Roadway surface Between Zones 1 & 2
a. Dowel bar retrofit
Reestablishing the load transfer efficiencies of the existing concrete joints and transverse cracks by
cutting slots, inserting epoxy -coated dowel bars, and filling cut slots with high -early strength non -
shrink concrete.
b. Pavement maintenance and repair
Maintaining and repairing roadway pavement may be accomplished through the following methods:
Crack and joint sealing
Repairing traveled lane or shoulder pavement surfaces by installing fill material into pavement
cracks. Work includes cleaning and routing cracks in preparation for sealing.
Pavement milling/full depth patching
Excavating failed pavement and underlying base material, replacing sub grade material, and patching
with new pavement (asphalt and concrete). This work includes disposal of removed pavement and
sub grade material.
Overlays
Covering the defective area with an overlay of a suitable material to renew the surface, sealing the
defective area, and stabilizing the affected pavement.
Hot mix asphalt (HMA)
Hot mix asphalt is a bituminous concrete made principally from asphalt binder and aggregate. It is
distinguished from other bituminous products by its constituent materials, mixture design methods
and elevated mixing temperature (thus the term "hot mix").
Aggregate (chip) seal
A single spray application, usually consisting of liquid or emulsified asphalt, immediately followed
by a single layer of aggregate. This type of seal reduces the infiltration of air and water into the mat,
and may be used to improve skid resistance of slippery pavements.
c. Pavement markings
Recessed raised pavement markers
Recessed raised pavement markers (RRPMs) are installed either as positioning guides along with
center line and fog line markings or they are installed as a complete substitute for long line markings.
Recessed RPM applications consist of the installation of an RPM in a groove that has been cut into
the pavement, and are utilized in areas where snow removal operations use steel blades.
Striping
Pavement markings are divided into two categories: long line and transverse. Long line markings are
markings applied parallel to the roadway, such as center line or edge line. Typically long line
markings are renewed with a spray application of new material applied from a striping truck.
Transverse markings are lines or symbols within the travel lane such as crosswalk, stop line, or
traffic arrows. Typically transverse and symbol markings are renewed by hand, by spray, or extruded
application of new material.
r44 ,,,,N I i �e.��u��u�mr, u,l���WSDOTProgrammatic 10
d. Guide post installation and replacement
Guide posts are delineation devices with retroreflective properties installed on roadway shoulders,
and used to aid in nighttime driving. Guide posts are placed from 2-8 feet outside the outer shoulder
edge.
e. Rumble strip installation and repair
Rumble strips are grooves or rows of raised pavement markers placed perpendicular to the direction
of travel to alert inattentive drivers that they are leaving the traffic lane. This safety feature has
greatly reduced traffic accidents. There are three kinds of rumble strips: roadway, shoulder, and
centerline rumble strips. Rumble strips can be rolled -in (during paving), or milled in (after, or
separate from paving).
f. Signs
WSDOT uses signing throughout the highway system as the primary mechanism to provide
regulatory, warning, and guidance information to users, thereby promoting highway safety and
efficiency. Sign maintenance (including upgrades as needs arise) is crucial to support safe, legal, and
orderly travel on public roadways and transportation facilities.
g. Snow and ice removal
Removal of snow and ice from the roadway is extremely important to traveler safety and freight
mobility within the state. State highways must be plowed, sanded, or deiced, and cleared as quickly
as possible during inclement weather. Prior to the snow season, maintenance crews must prepare
roadways for effective plowing which includes cleaning ditches, smoothing shoulders, cleaning sand
and other debris from under guardrail, removing weeds, grass, and brush that may cause snow
drifting, clearing right of way fences of debris, and erecting snow stakes if necessary, to indicate
hazards or the edge of the roadway which may eventually be covered in snow.
7. Traffic Barriers
Zones 1 & 2
Traffic barriers, described in the PE, Appendix B, are obstacles that often struck by vehicles and require
prompt repair or in-kind replacement to retain proper function. These activities occur routinely through
the Regional Road Maintenance Program.
a. Cable barrier repair or in-kind replacement or extension
For description, see Appendix B (5)(a).
b. Guardrail repair or in-kind replacement or extension
For description, see Appendix B (5)(b).
c. Shield re -directional landforms — repair or in-kind replacement or extension
For description, see Appendix B (5)(c).
8. Shoulders and side slopes
Those shoulder repair activities located above ditches will not require notification.
a. Shoulder repair
For description, see Appendix B (6)(a).
b. Slope flattening
For description, see Appendix B (6)(b).
c. Slope repair/slide and rock fall debris cleanup
For description, see Appendix B (6)(c).
Zones 1 & 2
Ci'mt-y
o-f
Yakima
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Update
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« : 1
COMPANY
ti
Meeting
Goal
Review & Obtain Planning Commission Direction on:
Section 17.05.040 Public Access
Section 17.07.190 Redevelopment, Repair, and Maintenance
ve Chapter 17.11 Existing Uses, Structures, and Lots/ Non -
Conforming Uses
General Review & Discussion of Remaining Sections
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
les.�_ . �... ,
Key principles of SMA
encourage appropriate development
such as docks, marinas, recreation
facilities, and industries that are
dependent on, related to, or enable
enjoyment of shorelines
provide environmental protection and
restoration for shorelines
promote public access
v, Waters of the state are a public resource for all citizens for the
purposes of navigation, conducting commerce, fishing,
recreation and similar uses.
Trespassing on private property is not allowed.
Propose one consolidated set of standards and exceptions:
I- Focus is to have public access on public properties.
Development addresses its own impacts — projects with demand
for shoreline access provide it.
10 exceptions — including access already exists, safety, security,
economic cost disproportionate, etc.
Standards reference consistency with the City's adopted parks
and recreation plans and regulations.
Redevelopment, s and
Maintenance
Most of City permitting on shorelines consists of exemptions.
Propose a set of voluntary standards that allows:
Multi-year programmatic shoreline exemptions, or
Mix of substantial development permits/exemptions
Applies to:
Dredging
Private development and facilities on private lakes
Public Parks and Recreation
Transportation facilities
Utility facilities, including, but not limited to wastewater and water
systems
Based on discussions with stakeholders such as WSDOT, State Parks,
Wastewater Treatment Plant staff, and private lake owners
Preauthorize 8 -year exemption for WSDOT based on County
programmatic permit
Existing Uses, Structures &
Lots
SMP applies to new uses or alterations of existing uses — not
retroactive.
A non -conforming use is a use or development that:
Was lawfully constructed or established but does not conform to
present SMP.
May be improved subject to rules, but cannot be made more
nonconforming.
The Draft SMP applies nonconforming standards from Ecology
rules — WAC 173-27.
Per new SMA legislation, preexisting legal residential
structures are considered conforming.
SMP allows redevelopment, expansion, change with the class of
occupancy, or replacement of the residential structure if it is
consistent with the SMP, including requirements for no net loss of
shoreline ecological functions.
y
a t
e Questions, clarifications, modifications?
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
Yakima Shoreline Master Program Revised Chapters
and Sections as of March 27, 2013:
1. Preliminary Shoreline Environmental Designations &
Use and Modification Matrix Framework; and
2. Revised Yakima Shoreline Master Program 17.13
Administration and Enforcement.
YAKIMA SHORELINE MASTER PROGRAM
Preliminary Shoreline Environment Designations &
Use and Modification Matrix Framework
17.03.070 Shoreline Use and Modification Matrix
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
Agriculture
_.......... _............
Agricultural Activities (RCW 90.58.065)
........�
Agricultural Market, Agricultural Stand (Zoning)
Winery and Brewery (Zoning)
Agriculture -Industrial
c
v
c
74
c
f0
L
G1
C
O
U
S
X
S
S
S N/A
S
X
X
S
X N/A
S
X
X
S
X N/A
Aquacunure
Rearing (Regional SMP)
............
Commercial
X
X
X
X
X
X
Non-commercial
S
S
X
C
C
S
Processing (Regional SMP)
X
X
X
X
X
X
Packing & Storage (Regional SMP)
........_ . _ ..............
See Industry/Manufacturing/Storage
Boating and Private Moorage Facilities
Boat Launches (Regional SMP)
.__
Private
S
X
C
X
X
See upland
designation
Public/Community/Commercial
S
S
S
S
S
S
_..................... _ .... ..
Pier/Dock
Pier/Dock, Single -Family Residence Facility to Access
N/A
X
S
X
X
S
Watercraft (Regional SMP)
. ...........
Pier/Dock for Water -Dependent Commercial, Industrial,
Aquaculture, or Recreational Use; or Public Access (Regional
S
X
S
X
X
S
SMP)
Commercial and Service Uses
............... .
Retail, Trade, and Service
Water -Oriented (SMP Guidelines)S
X
X
S
X
C
April 4, 2013 Prepared by BERK/The Watershed Company 1
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
Non -Water -Oriented
Non -Water -Oriented, General (Regional SMP)
NonwW to Qricm%j,. enw1r'iii j PublicBenefit
.... --- .....
�
Non -Water Oriented Uses, Separated from Shoreline
(Regional SMP)
Mixed-use4 project that includes a Water -Dependent
Commercial, Industrial, Aquaculture, or Recreational Use
(Regional SMP)
Outdoor manufacturing, processing and storage
Community Services and Institutional Uses (Zoning Code)
Water -Oriented (SMP Guidelines)
Non -Water -Oriented
Non -Water -Oriented, General (Regional SMP)
Non -Water -Oriented Uses, Separated from Shoreline
(Regional SMP)
Mixed-use4' project that includes a Water -Dependent
Commercial, Industrial, Aquaculture, or Recreational Use
(Regional SMP)
Health and Social Service Facility (Zoning Code)
Mixed -Use Building'(Zoning) __
Dredging and Dredge Material Disposal
Dredging for Water -Dependent Use and Public Access (Regional
SMP) _
Dredging for existing Navigation Uses (Regional SMP)
Dredging for Habitat Restoration (Regional SMP)
Dredging, Other (Regional SMP)
Dispos I of Dredged Material, General
&ji )os iI raj t�A g� d I,at r�o E �w�p a w ut 9�arl awl' ii ,S rd wu w7
Dredging Maintenance Plan
FIII
Water° and of the OHWMaGeneral
s it wrrj i w tI IW(Ukd, w orw r l w u cr c f_f4ew k n xCNo l al
Uplan of the OHWMA General (Regional SMP)
CJ,ple�r,crC4pA� t�l�dc�'I,�.P�ri�ar� ,��irroro�p��rh i�9,��r�
Flood Hazard Reduction Measures
,Modification of Existing Flood Hazard Facilities (including
relocation farther landward)
New Facilities
C C C C C N/A
a
t!
M
f0
C
N
G
C
C
M
a
a`,
c
U o
v
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C
::
m
v
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0
U
M C
0
U
C
L
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N
0
m
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m
o
crA
¢C}
W W ...._
X
X
C
X
X
S
X
X
_ C
X
X
S
X
X
S
X
X
S
X
X
S
X
C
S
X
X
.
X
. . . . . ...............
X
t��
X
S ......................
S
X
S
X
C
C
C
X
C
X
X
S
S
X
S
X
N/A
S
S
X
S
X
C
S
S
X
X
X
X
SW
X
X
X
X
X
N/A
C
N/AFN/A
C
C
N/A
X
N/AX
C
N/A
S
N/A
S
S
N/A
X
N/A
X
X
S
S
X
Xie
X, e
X
S
S
X
C
C
X
N/A
S
N/A
N/A
S
S
N/A
C
N/A
N/A
S¢e
S/C
NA
S
NA
__N�
S
S
S
S
S
S
S/e
N/A
S
S
S
S _.....
S
N ZA
C C C C C N/A
Shoreline Use or Modification
C
C
C
C
C
sqe
S
S
M
m
C
C
N
C
L
S
S
S
S
S
C
C
C
Key:
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a
•y
z
d
c
tJ O
N
Y
J
S = Shoreline Substantial Development Permit or Exemption
;'
i
c
$
c
X
C = Shoreline Conditional Use Permit
S
c
�,
c
o"
S
X = Prohibited N/A = Not Applicable
°D
C
L
°oW ao
X
X
S
Sal
S S
Forest Practices
N/A
See Commercial and Service Uses
Forest Practices
f4/A
N/A
N/A
N/A
N/A
N/A
Industry / Manufacturing / Storage
Water -Oriented (SMP Guidelines)
S
X
X
C
X
C
Non -Water -Oriented
Ge feral (Regional SMP)
,4c� .,
........._
X
X
X
X
X
6e is real ,p ilaa t Tal Rector mIii n Pian ITProvides 011ier' I�aa%aR);om
,.,,,
..t"` r��rt �d rsa 1��� r�ad�_al �c
, f i �. ,.......) ...,.......
X.
.....
n
,_..
Ori:door manufacturing, processing and storage
S.
X
X
X
X
X
_.
Separated from Shoreline (Regional SMP)
�. __.....
S
X
X
C
X
N/A
.................
Mi ed -use project that includes a Water -Dependent
__. ..........
Commercial Industrial Aquaculture or Recreational Use
S
X
X
C
X
C
(Regional SMP)
In -Water Structures
To protect public facilities
To protect or restore ecological functions
To monitor flows, water quality, or other habitat characteristics
Other
Mining
Surface Mining (Regional SMP)
Underground Mining (Regional SMP)
Mining for Habitat Restoration (Regional SMP)
Recreational Development
Water -Oriented (SMP Guidelines)
Hp h Intensity is r°i^ a j (Regional SMP)
ity_General (Regional SMP)
Low -Intensity (Regional SMP)
Recreation Maintenance Plan
Non -Water -Oriented (SMP Guidelines)
General
Sites separated from shoreline
Indoor (Regional SMP)
Residential Development
C
C
C
C
C
C
sqe
S
S
S
S
S
S _WWWWW_............_
S
S
S
S
S
C
C
C
X
X
C
S
X
X
X
X
X
X
X
X
X
X
X
S
S
S
S
S
S
S
S
S
"a/C2
sqe
VC2
-------------
S
S
WWWWW�
S
S
-qe
S
S.
S.
S,
s
S.
S
S
S
S
.�..___
S
S
S S
S S
S
S
C
X
X C
X
X
S
X
S S
C
N/A
See Commercial and Service Uses
Shoreline Use or Modification
Projects
0
C
C
C
Shoreline Habitat and Natural Systems Enhancement Projects
S
LL
C
C
...,...........w...,.. ... .. .. W,..,..,.._......,.... �.... .......,.,. ,. ,..... .. .. ...., ..____.. .. _....,... ., .. ..
Key:
-7A
U
'O
�
c
M N
N
ul
J
S = Shoreline Substantial Development Permit or Exemption
a
;'
m
c
C
Cri
3 0
C
= Shoreline Conditional Use Permit
c
�
Mv
M
S
X = Prohibited N/A = Not Applicable
00
�
L
°o O0
S�
S
S
S
S
S
Signs
Single -Family Dwelling (Zoning Code)
S
X
S
S
X
N/A
Accessory Dwelling Unit (Zoning Code)
S
X
S
S
X
N/A
........ .........
Duple (Zoning Code)
S
X
QFC
C
X
N/A
Multifamily Dwelling (Zoning Code)
S
..........
X
X
X
X
N/A
Manufactured Home Park or Subdivisiona (Regional SMP)
XS
X
X
X
..... _.....
X
N/A
Houseboats and Over -Water Residential Uses (Regional SMP)
N/A
X
N/A
X
Residential Maintenance Plan
S
N/A
SE
EN/A[1]
S
Shoreline Habitat and Natural Systems Enhancement
Projects
Shoreline Habitat and Natural Systems Enhancement Projects
S
S
S
S
S
S
Shoreline Stabilization
Hard Stabilization
C
C
C
C
C
C
Soft Stabilization
S
S
S
C
C
Repair and Replacement
S�
S
S
S
S
S
Signs
_....
On -premise for Authorized Use (Regional SMP)
S
S
S
S
S
S
Off -premise (Regional SMP)
S
S
X
X
X
X
Informational (directional, landmark, trail marker, etc.) (Regional
S
S
S
S
S
S
SMP)
Transportation and Parking
N.e. r A,.cess
Roads Serving Permitted Uses (Regional SMP)
S
S
S
S
-S
N/A
EwxJ�g!i
e d! Ac ess R�aisds ServIgp, Ee.jrnitt d ilxe y
_...
S
S
S,
...�
S
S
N A
Ne.w 1-i
ghways, Freeways, Arterials & Collectors (Regional SMP)
S
S
S/C4
�_.SS
S/C
41e
&1e
fl (gwhor 5,�.„,I�9fl•�'9�ro°z„„ ,dig„t,0."19aVla&Colil&�"ctii;rs
S
S
.S
S
S
-...
New Midges
.,�.....
S
5
/C
....__......�
&1e
...................
S/C,
-siCa
IurALi gled
Bridfses
S
S.
S
S
_
S
S
Transportation Maintenance Plan
S
S
S
S
S
N/A
Transportation Maintenance Facilities (Regional SMP)
C
�
S
X
C
X
X
New R
SMP (Regional ilwaY s Re
( g )
S
S
ve
VC4
Cr
{C-3
(mow rr'nr
dmR 4tl v s
S
S
S
S
S,
S
Parking for Authorized Use (Regional SMP)
Reviewed as part
of authorized use.
Park and Ride lots and Similar Stand Alone Parking (Regional
S
X
X
X
X
SMP), krai.P.ti..(r f� rhtr P"arE riga U'�I Pi Br{r Vifr li�P�ar�A r4i F¢r rwri.,
Utilities
Utility Services Accessory to Individual Shoreline Projects
Reviewed as part
of authorized use.
(Regional SMP)
Utility Services to Projects outside Shoreline Jurisdiction (Regional
S
S
S
S
C
C
Shoreline Use u,Modification
------^----------------------
Key:
S~Shoreline Substantial Development Permit orExemption41
C~Shoreline Conditional Use Permit
x~Prohibited N/A ~ Not Applicable VO
/ Generating Facilities (Zoning Code)
Utility Transmission Lines (Regional SIVIP)
New 4ility Services, General (Zoning Code)
Utility Maintenance Plan
Wastelvater Treatment Facility
LocouA 14nDeeradedAo,��
7i
�
z pEublic
bene0t�public access for substantial numbers of persons or shoreline ecological restoration. Qtk.,*:wieer�
z
improved rights of way, levees previously legally degraded land, or existing impervious area.
+
3 Construction of a manufactured home on an existing lot is permitted as a "Single-family Dwelling."
S
S
5
S
L
S
-S
X
S
7
X
z pEublic
bene0t�public access for substantial numbers of persons or shoreline ecological restoration. Qtk.,*:wieer�
z
improved rights of way, levees previously legally degraded land, or existing impervious area.
+
3 Construction of a manufactured home on an existing lot is permitted as a "Single-family Dwelling."
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
17.13 AMI II I RATIONAND EPiilF RCEP0"'1E PJT
Consultant note: This Chapter is all new and is not drawn from the Regional SMP.
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. 24n fog q;Ihose in
lsR%Ah,,iYmh_",hfflh ���4...k.4irv�bon kVq�N�Hr�1�illi
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. Grantor deny variances from this SMP.
"*..es.
-3-.4.The Hearing Examiner may, at the request of the Shoreline Administrator, receive and examine
available information, conduct public hearings and prepare records and reports thereof, and
issue recommendations to the council based upon findings and conclusions on applications for
shoreline substantial development permits and conditional use permits.
March 20, 2013 1
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
D. Planning Commission. The Planning Commission is vested with the responsibility to review the SMP
as part of regular SMP updates required by RCW 90.58.080 as a major element of the City's planning
and regulatory program, and make recommendations for amendments thereof to the City Council.
E. City Council. The City Council is vested with authority to:
1. Initiate an amendment to this SMP according to the procedures prescribed in WAC 173-26-100.
2. Adopt all amendments to this SMP, after consideration of the recommendation of the planning
commission, where established. Amendments shall become effective upon approval by Ecology.
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
36.70B.020, is required for the requested project permits, the notice of application shall be provided
at least fifteen days prior to the open record hearing.
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:
March 20, 2013
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
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
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.
March 20, 2013 3
CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
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B. The Shoreline Administrator may vary or waive these additional application requirements according
to administrative application requirements on a case by case basis, but all applications for a
substantial development, conditional use, or variance permit shall contain the information found in
WAC 173-26-180.
C. The Shoreline Administrator may require additional specific information depending on the nature of
the proposal and the presence of sensitive ecological features or issues related to compliance with
other City requirements, and the provisions of this Title.
17.13.050 Exemptions from Shoreline Substantial Development Permits
A. The City shall exempt from the Shoreline Substantial Development Permit requirement the shoreline
developments listed in WAC 173-27-040 and RCW 90.58.030 (3)(e), 90.58.140(9), 90.58.147,
90.58.355 and 90.58.515.
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:
1. The policies and procedures of the SMA;
2. The provisions of WAC 173-27;
3. 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.
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17.13.070 Shoreline Conditional Use Permits
A. This section provides procedures and criteria guiding the review of shoreline conditional use
permits, which require careful review to ensure the use can be properly installed and operated in a
manner that meets the goals of the Act and this Program in accordance with any needed
performance standards. After a Shoreline Conditional Use application has been approved by the
City, the City shall submit the permit to Ecology for Ecology's approval, approval with conditions or
denial. Ecology shall review the file, in accordance with WAC 173-27-200.
B. Uses specifically classified or set forth in this Shoreline Master Program as conditional uses shall be
subject to review and condition by the City by the Department of Ecology.
C. Other uses which are not classified or listed or set forth in this SMP may be authorized as
conditional uses provided the applicant can demonstrate consistency with the requirements of this
Section and the requirements for conditional uses contained in this SMP.
D. Uses which are specifically prohibited by this SMP may not be authorized as a conditional use.
E. Uses which are classified or set forth in the applicable master program as conditional uses may be
authorized provided that the applicant demonstrates all of the following:
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.
F. 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 maybe 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.
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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;
b. That the hardship described in criterion "a" of this subsection is specifically related to
the property, and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of the SMP, and not, for example, from deed
restrictions or the applicant's own actions;
c. That the design of the project is compatible with other authorized uses within the area
and with uses planned for the area under the comprehensive plan and SMP and will not
cause adverse impacts to the shoreline environment;
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.
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17.13.090 Duration of Permits
Time duration requirements for Shoreline Substantial Development, Shoreline Variance, and Shoreline
Conditional Use Permits shall be consistent with the following provisions.
A. General provisions. The time requirements of this section shall apply to all Shoreline Substantial
Development Permits and to any development authorized pursuant to a Shoreline Conditional Use
Permit or Shoreline Variance authorized by this Chapter. Upon a finding of good cause, based on the
requirements and circumstances of the project proposed and consistent with the policy and
provisions of this SMP and this Chapter, the City may adopt different time limits from those set forth
in Subsections B and C of this section as a part of an action on a Shoreline Substantial Development
Permit.
B. Commencement. Construction activities shall be commenced or, where no construction activities
are involved, the use or activity shall be commenced within two years of the effective date of a
Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance.
Commencement means taking the action on the shoreline project for which the permit was granted
shall begin. For example, beginning actual construction or entering into binding agreements or
contractual obligations to undertake a program of actual construction. However, the City may
authorize a single extension for a period not to exceed one year based on reasonable factors, if a
request for extension has been filed with a complete extension application submittal before the
expiration date and notice of the proposed extension is given to parties of record on the Shoreline
Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance and to
Ecology.
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.
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F. Notification to Ecology. The City shall notify Ecology in writing of any change to the effective date of
a permit, as authorized by this section, with an explanation of the basis for approval of the change.
Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as
amended shall require a new permit application.
17.13.100 Initiation of Development
A. Amortization to begin construction. Each permit for a Substantial Development, Shoreline
Conditional Use or Shoreline Variance, issued by the City shall contain a provision that construction
pursuant to the permit shall not begin and is not authorized until twenty-one (21) days from the
date of receipt with Ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review
proceedings initiated within twenty-one (21) from the date of receipt of the decision, except as
provided in RCW 90.58.140 (5)(a) and (b). The date of receipt for a Substantial Development Permit
means that date the applicant receives written notice from Ecology that it has received the decision.
With regard to a permit for a Shoreline Variance or a Shoreline Conditional Use, date of receipt
means the date a City or applicant receives the written decision of Ecology.
B. Forms. Permits for Substantial Development, Shoreline Conditional use, or Shoreline Variance may
be in any form prescribed and used by the City including a combined permit application form. Such
forms will be supplied by the City.
C. Data sheet. A permit data sheet shall be submitted to Ecology with each shoreline permit. The
permit data sheet form shall be consistent with WAC 173-27-990.
D. Construction Prior to Expiration of Appeal Deadline. Construction undertaken pursuant to a permit
is at the applicant's own risk until the expiration of the appeals deadline.
17.13.110 Review Process
A. After the City's approval of a conditional use or variance permit, the City shall submit the permit to
the department for Ecology's approval, approval with conditions, or denial. Ecology shall render and
transmit to the City and the applicant its final decision approving, approving with conditions, or
disapproving the permit within thirty days of the date of submittal by the City pursuant to WAC 173-
27-110.
B. Ecology shall review the complete file submitted by the City on conditional use and variance permits
and any other information submitted or available that is relevant to the application. Ecology shall
base its determination to approve, approve with conditions or deny a conditional use permit or
variance on consistency with the policy and provisions of the SMA and, except as provided in WAC
173-27-210, the criteria in WAC 173-27-160 and 173-27-170.
C. The City shall provide appropriate notification of the Ecology's final decision to those interested
persons having requested notification from local government pursuant to WAC 173-27-130.
17.13.120 Appeals
A. Administrative review decisions by the Administrator, based on a provision of this SMP, maybe the
subject of an appeal to the Hearing Examiner by any aggrieved person. Such appeals shall be an
open record hearing before the Hearing Examiner.
B. Appeals of exemptions are allowed only for exemptions where a letter is required pursuant to
Section 17.13.050, of this SMP
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C. Appeals must be submitted within fourteen (14) calendar days after the date of decision or written
interpretation together with the applicable appeal fee. Appeals submitted by the applicant or
aggrieved person shall contain:
The decision or interpretation being appealed, including the file number reference and the
specific objections in the decision document;
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;
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4. Additional or revised landscaping is consistent with any conditions attached to the original
permit and with this SMP;
5. The use authorized pursuant to the original permit is not changed; and
6. No adverse environmental impact will be caused by the project revision.
E. The revision approval, including the revised site plans and text clearly indicating the authorized
changes, and the final ruling on consistency with this section shall be filed with Ecology. In addition,
the City shall notify parties of record of their action.
F. If the revision to the original permit involves a Shoreline Conditional Use Permit or Shoreline
Variance, the City shall submit the revision to Ecology for approval, approval with conditions, or
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 maybe amended annually or more frequently as needed pursuant to the Growth
Management Act, RCW 36.70A.130(2)(a)(iii).
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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.
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.
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].
I. After approval or disapproval of a Program amendment by the Department of Ecology as provided in
RCW 90.58.090, Ecology shall publish a notice that the Program amendment has been approved or
disapproved by Ecology pursuant to the notice publication requirements of RCW 36.70A.290.
17.13.150 Enforcement
The City shall apply 173-27 WAC Part II, Shoreline Management Act Enforcement, to enforce the
provisions of this SMP whenever a person has violated any provision of the act or any master program
or other regulation promulgated under the Act.
17.13.160 Monitoring
A. The City will track all shoreline permits and exemption activities to evaluate whether the SMP is
achieving no net loss of shoreline ecological functions. Activities to be tracked using the City's
permit system include development, conservation, restoration and mitigation, such as:
1. New shoreline development
2. Shoreline Variances and the nature of the variance
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CITY OF YAKIMA SHORELINE MASTER PROGRAM DRAFT
3. Compliance issues
4. Net changes in impervious surface areas, including associated stormwater management
5. Net changes in fill or armoring
6. Net change in linear feet of flood hazard structures
7. Net changes in vegetation (area, character)
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.
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