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07/20/2021 12.D. Council Packet Distribution for the Shoreline Master Program Periodic Update °F..... • '`,1`1°''a • rr 11 i i�O enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12.D. For Meeting of: July 20, 2021 ITEM TITLE: Council Packet Distribution for the Shoreline Master Program Periodic Update SUBMITTED BY: Joseph Calhoun, Planning Manager, 509-575-6042 Joan Davenport,Al CP, Community Development Director SUMMARY EXPLANATION: The complete record for the Shoreline Master Program Periodic Update is being distributed to City Council members in this agenda packet. This packet is also available in color online at: https://www.yakimawa.gov/services/planning/smp/ Please bring these materials to the public hearing which will take place on August 2, 2021 . ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type 0 CouncilPacket_ShorelineMasterProgramUpdate 7/8/2021 Backup Material 2 7/■ t■11.\ Aril 1 ■IM% itt Plan lnik MA SHORELINE MASTER PROGRAM UPDATE Yakima City Council Closed Record Public Hearing August 2, 2021 EXHIBIT LIST Applicant: City of Yakima Planning Division File Numbers: SEPA#008-20 Site Address: City-wide Staff Contact: Joseph Calhoun, Planning Manager Table of Contents CHAPTER AA Yakima Planning Commission Findings & Recommendation to City Council CHAPTER A Staff Report CHAPTER B Draft Shoreline Master Program CHAPTER C Environmental Review Checklists CHAPTER D Public Notices CHAPTER E Public Comments CHAPTER F YPC Study Session Presentation 3 SHORELINE MASTER PROGRAM UPDATE SEPA#008-20 EXHIBIT LIST CHAPTER AA YPC Findings and Recommendation DOC DOCUMENT DATE INDEX# AA-1 YPC Findings and Recommendation 05/26/2021 4 DEPARTMENT OF COMMUNITY DEVELOPMENT I,• Joan Davenport, AICP, Director MI 0. ivw Planning Division CITY a r YAKIMA Joseph Calhoun,Manager Planning 129 North Second Street, 2nd Floor,Yakima, WA 98901 ask.planning@yakimawa.gov•www.yakimawa.gov/services/planning YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL CITY OF YAKIMA SHORELINE MASTER PROGRAM PERIODIC UPDATE May 26, 2021 WHEREAS, The City of Yakima was awarded a grant from the Washington State Department of Ecology to update its Shoreline Master Program(SMP)compliant with RCW 90.50, WAC 173-26 and 173-27; and WHEREAS, the City has found that a review and evaluation has occurred and the revisions made are identified in the draft SMP, consistent with the SMP checklist; and WHEREAS, SEPA Environmental review was completed with a Determination of No significance issued on May 6, 2021 which was not appealed; and WHEREAS, On May 12, 2021 the City of Yakima Planning Commission held a study session on the SMP; and WHEREAS, The Yakima Planning Commission held an open record public hearing on May 26, 2021 to hear testimony from the public, consider the SMP Periodic Update, and provide a recommendation to the Yakima City Council; Now therefore, the Yakima City Planning Commission presents the following findings of fact, conclusions, and recommendation to the Yakima City Council: APPLICATION# SEPA#008-20 APPLICANT: City of Yakima Planning Division PROJECT LOCATION: City-Wide FINDINGS OF FACT 1. The Planning Commission adopts the findings of fact from the staff report attached hereto as Exhibit. 2. In addition to the above-listed Exhibit, the Planning Commission enters the following findings of fact based on testimony provided and subsequent discussion during the public hearing: Public Testimony excerpt and Commission Discussion from the meeting minutes: Commissioner Place asked about a definition for Mitigation. Calhoun stated that a definition could be added. The specifics of what mitigation is required is dependent on the situation. Summe and Calhoun stated that a generic definition could be added to YMC 17.01. Summe noted YMC 17.05.020 describes the mitigation process and sequencing that could be cross-referenced. DOC. INDEX 5 Chair Liddicoat opened the public testimony portion of public hearing. Calhoun re-stated the instructions for attendee participation.At this time, no attendees raised their hand to speak—Chair Liddicoat closed the public testimony. Place asked about the impact of the homeless situation to the SMP. Calhoun stated that the SMP doesn't specifically address homelessness and that those efforts are processed under separate state and local codes. Rose asked about Fish and Wildlife Habitat Conservation/Areas— is there a way to simplify those definitions? Summe stated that those definitions come from the RCW. Rose asked about the definition of Waters of the State—does this give the state control over all waters? Calhoun stated that the definition comes from the RCW and explained the difference between Shoreline jurisdiction and Critical Areas jurisdiction. A new attendee arrived on the zoom call — Chair Liddicoat re-opened the public testimony and Eric Bartrand, Area and Habitat Biologist, from WDFW was promoted to a panelist and allowed to speak. Bartrand further explained that once water is legally diverted, it is no longer considered as a Water of the State unless it comingles with natural water or other natural sources. Rose asked about Hyporheic flow—Summe stated that those are waters connected to a stream channel that are in a riparian zone. Calhoun read the definition in YMC 17.01. Wallace asked Bartrand for an example of Waters of the State—Bartrand stated effectively all water is considered a water of the state until legally diverted, similar to how all fish are "publicly owned" until such time as they are legally harvested. Place asked about wellhead protection zones and applicability— Calhoun stated that it is location specific. Within SMP jurisdiction it will be in YMC Title 17 and outside of that will be in YMC Ch. 15.27. Place asked about the Greenway and nonconforming. Calhoun stated that the Greenway isn't nonconforming with permitted activities going back to the early 90s/late 80s. Chair Liddicoat closed the public testimony portion of the hearing. CONCLUSIONS 1. The proposed SMP Periodic Update is consistent with applicable RCW and WAC requirements, and the SMP Periodic Review Checklist 2. Comments received during the public comment period and at the public hearing have been considered in the final recommendation. 3. SEPA Environmental Review was completed. MOTION It was moved and seconded: "Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission adopt the findings of fact and order that the draft ordinance be forwarded to the Yakima City Council with a recommendation for approval." Motion carried unanimously. RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at the public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed City of Yakima Shoreline Master Program Periodic Update. SIGNED this 9. day of June 2021. Jacob Liddicoat, Chair Yakima Planning Commission DOC. INDEX # AA-1 6 Exhibit "A" DEPARTMENT OF COMMUNITY DEVELOPMENT „*V Joan Davenport,AICP,Director Planning Division citr o„irn- Joseph Calhoun,Manager Panning 129 North Second Street,2id Floor,Yakima,WA 98901 ask.planning@yakimawa.gov•www.yakimawa.gov/services/planning City of Yakima Planning Division Recommendation Shoreline Master Program Periodic Update TO: City of Yakima Planning Commission FROM: Joseph Calhoun,Planning Manager SUBJECT: Shoreline Master Program(SMP)Periodic Update FOR MEETING OF: May 26,2021 FILE NUMBER: SEPA#008-20 Yakima Planning Commission(YPC)consideration and public hearing on the SMP Periodic Update Findings of Fact: Backaround The SMP update is funded through a$28,000 grant from the Washington State Department of Commerce.The City of Yakima contracted with Shannon&Wilson as our consultant for this process. This periodic update is required per state law(RCW 90.58 and WAC 173-26 and 173-27). Environmental ReviewfSEPA1 The City of Yakima issued a Determination of Nonsignificance on May 6,2021. State Law RCW 90.58.080(4)(b)(iii)...cities shall take action to review and,if necessary revise their master programs...on or before June 30,2021,and every eight years thereafter... WAC 173-26-090 provides public involvement and approval procedures for local periodic review.This action is consistent with the WAC process for taking legislative action. The City has found that a review and evaluation has occurred and the revisions made are identified in the draft SMP, consistent with the SMP checklist. Public Notice and Relevant Documents Date Public Participation Plan May 20,2020 Planning Commission Workshop October 28,2020 SMP Open House November 12,2020 SMP and CAO Checklist May 3,2021 Joint DOE Notice of Application and Public Hearing May 6,2021 Legal Ad May 6,2021 Draft SMP May 6,2021 Public Comment Prior to developing this report,the following comment was received. DOC. INDEX # AA -i 7 1) Laine Young provided on May,13 2021 (staff response in italics): a. How(and how often)does the City incorporate new wetland delineations and floodplain datum points in SMP?Is this information available to the public sooner than every five years? The City incorporates new data when made available.Projects that are within an area mapped for possible wetlands are required to provide a delineation and the applicable standards are based upon the results of said delineation.FEMA data changes through the LOMR/LOMA process. We only update our GIS data when new maps are made available.Parcels that have approved LOMR/LOMA changes are updated in our internal database. b. The Shoreline Jurisdiction Map does not appear to include local tributaries to the Naches and Yakima Rivers.I'm wondering about Ahtanum,Cowiche,Wide Hollow, Bachelor, East and West Spring Creeks.These are noted as critical areas under the Yakima County GIS system or noted as floodplains/floodways. Howe are the policies listed in Appendix B for critical areas,and buffers to be applied in Appendix C apply to these streams if they are not regulated as shorelines? The creeks listed above are subject to review under the City's Critical Areas Ordinance(YMC Ch. 15.27)not the SMP,unless they fall within Shoreline Jurisdiction then they would be subject to YMC Ch. 17.09. Critical Areas policies and buffers are applied based on the applicable code section, either YMC Ch. 15.27 or Ch. 17.09. c. Yakima County GIS shows that water typing changes once streams cross into the City's boundary.The water typing system is not noted on the GIS,thought the creek alignments are.Does the City have a system for designating the quality of the streams?How are the buffer requirements in Appendix C applied to the streams that are not designated as man-made? The City relies on our Appendix for designated Type 2 Streams.Our GIS should be updated to reflect that.Buffer requirements are based on stream type. Conclusions 1. The proposed SMP Periodic Update is consistent with RCW 90.58,WAC 173-26 and WAC 173-27 and the requirements of our Department of Ecology Grant. 2. Comments received during the public comment period have been addressed. 3. SEPA Environmental Review was completed. Staff Recommendation The City of Yakima Planning Division recommends that the YPC hold the required public hearing,take public input,revise the draft(s)as necessary,and forward the Planning Commission's recommendation to the Yakima City Council for further consideration. Page 2 DOC. INDEX # AA- t 8 SHORELINE MASTER PROGRAM UPDATE SEPA#008-20 EXH-[IBIT LIST CHAPTER A Staff Report ' DOC DOCURIENT DATE INDEX # A-1 Staff Report 05/26/2021 1 DEPARTMENT OF COMMUNITY DEVELOPMENT s AMIN• 11 11 " Joan Davenport, AICP, Director IJoseph Calhoun,Manager P l a ri nin g 129 North Second Street, 2nd Floor,Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Division Recommendation Shoreline Master Program Periodic Update TO: City of Yakima Planning Commission FROM: Joseph Calhoun, Planning Manager SUBJECT: Shoreline Master Program (SMP) Periodic Update FOR MEETING OF: May 26, 2021 FILE NUMBER: SEPA#008-20 Yakima Planning Commission (YPC) consideration and public hearing on the SMP Periodic Update Findings of Fact: Background The SMP update is funded through a $28,000 grant from the Washington State Department of Commerce. The City of Yakima contracted with Shannon &Wilson as our consultant for this process. This periodic update is required per state law (RCW 90.58 and WAC 173-26 and 173-27). Environmental Review(SEPAl The City of Yakima issued a Determination of Nonsignificance on May 6, 2021. State Law RCW 90.58.080(4)(b)(iii)...cities shall take action to review and, if necessary revise their master programs...on or before June 30, 2021, and every eight years thereafter... WAC 173-26-090 provides public involvement and approval procedures for local periodic review. This action is consistent with the WAC process for taking legislative action. The City has found that a review and evaluation has occurred and the revisions made are identified in the draft SMP, consistent with the SMP checklist. Public Notice and Relevant Documents Date Public Participation Plan May 20, 2020 Planning Commission Workshop October 28, 2020 SMP Open House November 12, 2020 SMP and CAO Checklist May 3, 2021 Joint DOE Notice of Application and Public Hearing May 6, 2021 Legal Ad May 6, 2021 Draft SMP May 6, 2021 Public Comment Prior to developing this report, the following comment was received. 'p CI Yakima C,J��IiI INDEX 2015 1994 10 1) Laine Young provided on May, 13 2021 (staff response in italics): a. How (and how often) does the City incorporate new wetland delineations and floodplain datum points in SMP? Is this information available to the public sooner than every five years? The City incorporates new data when made available. Projects that are within an area mapped for possible wetlands are required to provide a delineation and the applicable standards are based upon the results of said delineation. FEMA data changes through the LOMR/LOMA process. We only update our GIS data when new maps are made available. Parcels that have approved LOMR/LOMA changes are updated in our internal database. b. The Shoreline Jurisdiction Map does not appear to include local tributaries to the Naches and Yakima Rivers. I'm wondering about Ahtanum, Cowiche, Wide Hollow, Bachelor, East and West Spring Creeks. These are noted as critical areas under the Yakima County GIS system or noted as floodplains/floodways. Howe are the policies listed in Appendix B for critical areas, and buffers to be applied in Appendix C apply to these streams if they are not regulated as shorelines? The creeks listed above are subject to review under the City's Critical Areas Ordinance (YMC Ch. 15.27) not the SMP, unless they fall within Shoreline Jurisdiction then they would be subject to YMC Ch. 17.09. Critical Areas policies and buffers are applied based on the applicable code section, either YMC Ch. 15.27 or Ch. 17.09. c. Yakima County GIS shows that water typing changes once streams cross into the City's boundary. The water typing system is not noted on the GIS, thought the creek alignments are. Does the City have a system for designating the quality of the streams? How are the buffer requirements in Appendix C applied to the streams that are not designated as man-made? The City relies on our Appendix for designated Type 2 Streams. Our GIS should be updated to reflect that. Buffer requirements are based on stream type. Conclusions 1. The proposed SMP Periodic Update is consistent with RCW 90.58, WAC 173-26 and WAC 173-27 and the requirements of our Department of Ecology Grant. 2. Comments received during the public comment period have been addressed. 3. SEPA Environmental Review was completed. Staff Recommendation The City of Yakima Planning Division recommends that the YPC hold the required public hearing, take public input, revise the draft(s) as necessary, and forward the Planning Commission's recommendation to the Yakima City Council for further consideration. DOC. INDEX Page 2 11 SUGGESTED MOTIONS: Approval: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission adopt the findings of fact and order that the draft ordinance be forwarded to the Yakima City Council with a recommendation for approval. Approval with modifications: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the City of Yakima Planning staff modify the findings of fact and draft ordinance, to include the changes noted in the minutes of this afternoon's public hearing, and with these changes move that the Planning Commission approve the modified findings and ordinance, and order that the modified draft ordinance be forwarded to the Yakima City Council with a recommendation for approval. Denial: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission reject the findings of fact and order that the findings be modified to include the following reasons for denial, and order that the draft ordinance be forwarded to the Yakima City Council with a recommendation for denial. Doe. Page 3 INDEX 12 SHORELINE MASTER PROGRAM UPDATE SE PA#008-20 EXI II LIT LIST C HA!'TER B Draft Shoreline Master Program DOC —— — DOCUMENT DATE PEX B-1 Draft Shoreline Master Program 05/2021 13 Yakima Municipal Code Page 1/136 Title 17 SHORELINE MASTER PROGRAM REGULATIONS NOTE:Track changes text shaded in erav indicates modifications to Title 17 that were originally made, reviewed,and locally approved in 2017 as part of the City's Comprehensive Plan Update. Gray shading is also used where text previously reviewed and approved was imported from the 2017 critical areas regulations update. unshaded track changes text indicates new modifications proposed as part of this Periodic Shoreline Master Program Update. Where 2017 text and new text are substantially intermingled or to explain other changes,a text box like this one will precede the section and shading may be omitted. Title 17 SHORELINE MASTER PROGRAM REGULATIONS Chapters: 17.01 Purpose and General Provisions 17.03 Shoreline Environment Designations 17.05 General Regulations 17.07 Use-Specific and Modification Regulations 17.09 Critical Areas in Shoreline Jurisdiction 17.11 Existing Uses,Structures and Lots 17.13 Administration and Enforcement Appendix RA: Designated Type 2 Stream Corridors The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 14 Yakima Municipal Code Page 2/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS Chapter 17.01 PURPOSE AND GENERAL PROVISIONS Sections: 17.01.010 Authority. 17.01.020 Applicability. 17.01.030 Findings. 17.01.040 Purpose. 17.01.050 Relationship to other codes,ordinances and plans. 17.01.060 Liberal construction. 17.01.070 Severability. 17.01.080 Effective date. 17.01.090 Definitions. 17.01.100 Shoreline jurisdiction. 17.01.010 Authority. A. Title 17 of the Yakima Municipal Code is established pursuant to Chapter 90.58 RCW(Shoreline Management Act),Chapter 173-26 WAC(State master program approval/amendment procedures and master program guidelines),and Chapter 173-27 WAC(Shoreline management permit and enforcement procedures).This title shall be known as the"shoreline master program regulations." B. The shoreline master program regulations shall,for the purposes of RCW 36.70A.480(GMA and Shorelines of the State),be considered a set of use regulations applying only to shoreline areas as specified in Chapter 90.58 RCW(SMA)and Chapter 173-26 WAC(State master program approval/amendment procedures and master program guidelines).These regulations are intended to be substantive legal rules and procedures used to implement the goals and policies of the master program(these goals and policies are contained in the City of Yakima Comprehensive Plan,Chapter 10,Section 3 General Shoreline Planning Sub-element).These regulations shall be applied and interpreted in a manner consistent with the remainder of the master program or the Act.. 17.01.020 Applicability. A. The provisions of this title shall apply to any new development,construction or use within the incorporated portion of the city of Yakima.However,this title does not apply to the situations below: 1. Interior building improvements that do not change the use or occupancy are not subject to this title; 2. Exterior structure maintenance activities,including painting and roofing,as long as such activities do not expand the existing footprint of the structure or impervious area; 3. Routine landscape maintenance of established,ornamental landscaping,such as lawn mowing,pruning and weeding; 4. Maintenance of the following existing facilities that do not expand the affected area: septic tanks(routine cleaning),wells,and individual utility service connections; 5. Changing agricultural crops within an existing farming operation is not considered new development, construction or use. SMP regulations do apply to the following: (a)new agricultural activities on land not meeting the definition of agricultural land,(b)conversion of agricultural lands to other uses,and(c)other development on agricultural land that does not meet the definition of agricultural activities(e.g.,processing plants);and 6. Minor,temporary or transient activities,including those of a recreational nature,that do not alter the environment or require a dedicated staging area,use area,or route are not subject to this title,and including temporary signs(election,sale,rent,etc.). B. The following subsections guide the determination of applicability of SMP regulations on federal lands: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 15 Yakima Municipal Code Page 3/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS 1. Federal development on federally owned land is not subject to this SMP nor required to obtain a shoreline permit unless otherwise required by federal law, mess the state b ak to has ceded all ra ulat authority .the f de al, sh: 2. Federal development on a federally owned lease is not subject to this SMP nor required to obtain a shoreline permit unless otherwise required by federal law,or urrless-the stare--lay-stattite-lfias-eeded ulatoty- attt drily the f aeeal-ownership-as long as the development is consistent with the purpose of the lease; 3. Area and uses in those areas under exclusive federal jurisdiction as established through federal or state statues are not subject to the jurisdiction of Chapter 90.58 RCW. ;4. Development on federally owned land under a federal lease or easement for a nonfederal activity is subject to this SMP and must obtain a shoreline permit;for example,the SMP applies to private activities on federal land such as leases where the private citizen owns the structure but the federal government owns the land; 45. Nonfederal development or use on federally owned land is subject to this SMP and must obtain a shoreline permit;and 56. Development on nonfederal land is subject to this SMP and must obtain a shoreline permit,even if it is leased,rented,etc.to the federal government,or it is within the boundaries of federal ownership unless the state by statute has ceded all regulatory authority over the federal ownership. C. Unless specifically exempted by statute,all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW,the Shoreline Management Act and this master program whether or not a permit is required. D. Developments not required to obtain shoreline permits or local reviews. Requirements to obtain a Substantial Development Permit,Conditional Use Permit,Variance, letter of exemption.or other review to implement the Shoreline Management Act do not appYto the following: 1. Remedial actions.Pursuant to RCW 90.58.355,any person conducting a remedial action at a facility pursuant to a consent decree,order,or agreed order issued pursuant to chapter 70.105D RCW.or to the department of ecology when it conducts a remedial action under chapter 70.I05D RCW. 2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355,any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. 3. WSDOT facility maintenance and safety intj rovements.Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a Substantial Development Permit.Conditional Use Permit,Variance,letter of exemption,or other local review. 4. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045. 5. Projects authorized through the Energy Facility Site Evaluation Council process,pursuant to chapter 80.50 RCW. 17.01.030 Findings. A. The Yakima River Greenway consists of extensive trails along the Yakima River and Naches River providing regional shoreline public access that draws significant numbers of persons. B. All jurisdictional lakes,or predesignated lakes associated with mining,are manmade,highly altered,and separated by levees and highways from the river courses. C. Willow Lake and Lake Aspen are owned by homeowners' associations,and Lake Aspen's residential community is governed by covenants,conditions,and restrictions. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 16 Yakima Municipal Code Page 4/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS D. There is relatively limited development potential on lands in the city limits due to the historic urban developed character,and limited development potential in the city and UGA where there are channel migration zones,floodways,and concentrations of critical areas. E. There are several essential public facilities in shoreline jurisdiction such as highways of statewide significance and the city's wastewater treatment plant.Another significant public use includes a state park providing active and passive recreation. F. The CMZ and floodway areas are largely in public ownership and are managed for flood hazard protection, water processes,and habitat value. G. SMP environments and regulations recognize the current and future preferred uses,altered and natural character,and shoreline ecological functions. H. The current shoreline conditions,anticipated development,and proposed SMP use and environmental regulations are demonstrated in the CIA Addendum to result in no net loss of shoreline ecological function. 17.01.040 Purpose. The purpose of this title is to establish a single,uniform system of procedures and standards to be applied to development within shoreline jurisdiction of the city of Yakima.The SMP regulations are intended to carry out the responsibilities imposed on the city of Yakima by the Shoreline Management Act(Chapter 90.58 RCW)and its Administrative Rules(Chapters 173-18, 173-20, 173-22, 173-26 and 173-27 WAC)insofar as regulations can,and the adoption of these regulations does not remove other responsibilities imposed by the Act.The purposes of the shoreline master program regulations are to: A. Promote reasonable and appropriate use of the shorelines that will protect the public and private interest; B. Protect against adverse effects to the public health,the land, its vegetation and wildlife and the waters and their aquatic life within the city of Yakima; C. Protect public rights of navigation; D. Recognize and protect private property rights consistent with public interest; E. Promote a high quality of environment along the shorelines; F. Preserve and protect fragile natural resources and culturally significant features; G. Increase public access to publicly owned areas of the shorelines where increased use levels are desirable; H. Protect public and private properties from adverse effects of improper development in hazardous shorelines areas; I. Recognize and protect the statewide interest; J. Give preference to uses that result in long-term over short-term benefits; K. Provide for no net loss of ecological functions cumulatively from both individual permitted development and individual exempt development;and L. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. 17.01.050 Relationship to other codes,ordinances and plans. A. All applicable federal,state,and local laws shall apply to properties in the shoreline jurisdiction.At the time of application or initial inquiry,the shoreline administrator shall inform the applicant/proponent of other local laws and rules that may be applicable to the project.The responsibility for determining applicable federal,state or special district statutes and regulations and complying with the same rests with the applicant/proponent or responsible person carrying out the activity,use,or development in question. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 17 Yakima Municipal Code Page 5/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS B. This SMP includes critical areas regulations applicable only in the shoreline jurisdiction,and shall control within shoreline jurisdiction over other city critical area regulations adopted pursuant to the Growth Management Act. C. While the flood hazard areaucgjL iogs.jn Part Four.orCIsalr 15,27 VW'apply wllhin shoreline jurisdiction,the regmbuinms, thene.elvr4Aumayi incorponitois pgirl or this Shoreline Master P'rugnlm, CD. Other rules and regulations,including but not limited to the city of Yakima development regulations addressing subdivision,zoning,building and construction shall remain in full force and effect as they apply to a designated shoreline. DE. Wherever the requirements of this title conflict with the requirements of city rules or regulations,the most restrictive standards shall govern. 17.01.060 Liberal construction. As provided for in RCW 90.58.900,the Act is exempted from the rule of strict construction;the Act and this SMP shall therefore be liberally construed to give full effect to the purposes,goals,objectives,and policies for which they were enacted. 17.01.070 Severability. If any provision of the ordinance codified in this title,or its application to any person or legal entity or circumstances is held to be invalid,the remainder of said ordinance or the application of the provision to other persons or legal entities or circumstances shall not be affected. 17.01.080 Effective date. This SMP and all amendments thereto shall become effective fourteen days from the date of the Washington Department of Ecology's written notice of final approval. 17.01.090 Definitions. Whenever the words and terms set forth in this section appear in this title,they shall be given the meaning attributed to them by this section.Definitions established by RCW 90.58.030 and WAC Title 173 have been incorporated herein and should these definitions in the RCW or WAC be amended,the most current RCW or WAC definition shall apply.Except where specifically defined in this section,the RCW or the WAC,all words used in this shoreline master program shall carry their customary meanings. When not inconsistent with the context,words used in the present tense include the future;the singular includes the plural;and the plural,the singular. "Abutting"means bordering upon,to touch upon,or in physical contact with.Sites are considered abutting even though the area of contact may be only a point. "Accessory"means any use or development incidental to and subordinate to a primary use of a shoreline use or development. See also"Appurtenance,residential." "Act"means the Washington State Shoreline Management Act,Chapter 90.58 RCW. "Adjacent"means to be nearby and not necessarily abutting. "Adoption by rule"means an official action by the Department of Ecology to make a local government shoreline master program effective through rule consistent with the requirements of the Administrative Procedure Act, Chapter 34.05 RCW,thereby incorporating the adopted shoreline master program or amendment into the state master program. "Advanced mitigation"is a form of permittee-responsible mitigation constructed in advance of a permitted impact. An advance mitigation site needs to be planned,designed,and constructed before a project can use any mitigation credit.Advance mitigation can be proposed by any applicant,but the advance compensatory mitigation credits generated by a mitigation effort in advance of impacts can only be used by that same applicant. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 18 Yakima Municipal Code Page 6/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS "Agricultural activities"means agricultural uses and practices including but not limited to producing,breeding,or increasing agricultural products;rotating and changing agricultural crops;allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded;allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions;allowing land used for agricultural activities to lie dormant because the land is enrolled in a local,state,or federal conservation program,or the land is subject to a conservation easement;conducting agricultural operations;maintaining,repairing,and replacing agricultural equipment;maintaining,repairing,and replacing agricultural facilities;provided,that the replacement facility is no closer to the shoreline than the original facility;and maintaining agricultural lands under production or cultivation. "Agricultural equipment"and"agricultural facilities"includes,but is not limited to: A. The following used in agricultural operations: equipment;machinery;constructed shelters,buildings,and ponds;fences;upland finfish rearing facilities;water diversion,withdrawal,conveyance,and use equipment and facilities,including but not limited to pumps,pipes,tapes,canals,ditches,and drains; B. Corridors and facilities for transporting personnel,livestock,and equipment to,from,and within agricultural lands; C. Farm residences and associated equipment,lands,and facilities;and D. Roadside stands and on-farm markets for marketing fruit or vegetables. "Agricultural land"means those specific land areas on which agriculture activities are conducted as of the date of adoption of a local master program as evidenced by aerial photography or other documentation.After the effective date of the master program,land converted to agricultural use is subject to compliance with the requirements of the master program. "Agricultural products"includes but is not limited to horticultural,viticultural,floricultural,vegetable,fruit,berry, grain,hops,hay,straw,turf,sod,seed,and apiary products;feed or forage for livestock;Christmas trees;hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting;and livestock including both the animals themselves and animal products,including but not limited to meat,upland finfish,poultry and poultry products,and dairy products. "Alluvial fan"is a low,outspread,relatively flat to gently sloping feature,shaped like an open fan or a segment of a cone,deposited by a stream at the place where it issues from a valley upon a plain or broad valley,or where a tributary stream is near or at its junction with the main stream,or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases;it is steepest near the mouth of the valley where its apex points upstream,and it slopes gently and convexly outward with gradually decreasing gradient. "Amendment"means a revision,update,addition,deletion,and/or reenactment to an existing shoreline master program. "Applicant"means a person,party,firm,corporation,or other legal entity that proposes a development,construction or use on a site. "Approval"means an official action by a local government legislative body agreeing to submit a proposed shoreline master program or amendments to the Department of Ecology for review and official action pursuant to this chapter; or an official action by the Department of Ecology to make a local government shoreline master program effective, thereby incorporating the approved shoreline master program or amendment into the state master program. "Appurtenance,residential"is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland.Normal appurtenances include a garage; deck;driveway;utilities;fences;installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. "Aquaculture"means the culture and/or farming of fish,shellfish,or other aquatic plants and animals.When dependent on the use of the water area and when consistent with control of pollution and prevention of damage to The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 19 Yakima Municipal Code Page 7/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS the environment,aquaculture is a preferred use of the water area.Commercial aquaculture is conducted to produce products for market with the objective of earning a profit.Noncommercial aquaculture is conducted for the benefit of native fish recovery,education and interpretation,or other public benefit or use. "Aquifer"means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply. "Bank"means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bankfull depth. "Bankfull depth"means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist,the bankfull depth is the average depth of all channels along the cross-section. "Barb"is a structure used primarily in streams.It is a low relief projection from a bank,angled upstream,to redirect flow away from the bank towards the center of the channel.As opposed to groins or jetties,barbs are not barrier types of structures;they function by redirecting flows that pass over the top of the structure. equaleel eFe eeeled-m any given year,{Ref IBC-1•6-12.2.) ;.e!„d. _ e ha„ht elrtt,ve-t.o the Nate .,l Geodetic Vertical Datum(NGVD) r orth-n ie ►rertic. Datum liee Rate Map(FIRM).(Rol.IBC 16I2.2.) cant"I"r-puurpoSes-e administering YMr l nn r)2O means n of the building having its flo. ubgra,re (helo—gre n Ikon-all sides.(Ref. IBC 1612.2.) "Bed"means the land below the ordinary high water lines of state waters.This definition shall not include irrigation ditches,canals,stormwater run-off devices,or other artificial watercourses except where they exist in a natural watercourse that has been altered by man. "Bedrock"means in-place solid rock. "Berm"means a mound of earth material used as a protective barrier or to control the direction of water flow. "Best management practices"or"BMPs"means schedules of activities,practices,maintenance procedures,and structural and/or managerial practices that,when used singly or in a combination,prevent or reduce adverse impacts to the environment. "Bioengineering"means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion,provides bank stability,and maintains a healthy riparian environment with habitat features important to aquatic and terrestrial wildlife.Bioengineered or biotechnical bank protection designs may incorporate limited use of armored toes and wood structural elements. "Boating facilities"means developments and uses that support access to shoreline waters for purposes of boating, including marinas,community docks serving more than four single-family residences or multifamily units,public piers,and community or public boat launch facilities.Docks serving four or fewer single-family residences are not boating facilities. "Breakwater"means a fixed or floating off-shore structure that protects the shore from wave action or currents. "Buffer averaging"means the regulatory alteration of the dimensions of a buffer that allows for increases and decreases in the buffer in discrete areas;provided,that the net area of buffer remains the same. "Building official"means the manager of the offices of code administration or designee. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 20 Yakima Municipal Code Page 8/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS "Bulkhead"means a vertical or nearly vertical erosion protection structure placed parallel to the shore consisting of concrete,timber,steel,rock,or other permanent material not readily subject to erosion. "Channel"means an open conduit,either naturally or artificially created,which periodically or continuously contains moving water,or which forms a connecting link between two bodies of water. "Channel migration zone(CMZ)"means the area along a river within which the channel(s)can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. "Classification"means the definition of value and hazard categories to which critical areas and natural resource lands will be assigned. "Clearing"means the removal of timber,brush,grass,ground cover or other vegetative matter from a site. "Compaction"means compressing soil through some mechanical means to make it denser. "Comprehensive master program update"means a master program that fully achieves the procedural and substantive requirements of the Department of Ecology's Shoreline Master Program Guidelines effective January 17,2004,as now or hereafter amended. "Concentrated animal feeding operation"means a structure or pens for the concentrated feeding or holding of animals or poultry,including,but not limited to,horses,cattle,sheep or swine.This definition includes dairy confinement areas,slaughterhouses,shipping terminal holding pens,poultry and/or egg production facilities and fur farms,but does not include animal husbandry. "Conditional use"means a use,development,or substantial development which is classified as a conditional use or is not classified within the applicable master program. "Construction"means the assembly,placement,or installation of structures,roadways,transmission lines,and other improvements within a project site. "Critical aquifer recharge area"means an area with a critical recharging effect on aquifers used for potable water,or areas where a drinking aquifer is vulnerable to contamination that would affect the potability of the water. "Critical areas"as defined under Chapter 36.70A RCW includes the following areas and ecosystems: A. Wetlands; B. Areas with a critical recharging effect on aquifers used for potable waters; C. Fish and wildlife habitat conservation areas; D. Frequently flooded areas;and E. Geologically hazardous areas. "Department"means the city of Yakima community development department. "Designated"means formal legislative action to identify and describe a critical area. "Development"means a use consisting of the construction or exterior alteration of structures;dredging;drilling; dumping;filling; removal of any sand,gravel,or minerals;bulkheading;driving of piling;placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the act at any stage of water level. See also"Substantial development." Development does not include the following activities: A. Interior building improvements that do not change the use or occupancy; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 21 Yakima Municipal Code Page 9/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS B. Exterior structure maintenance activities, including painting and roofing as long as it does not expand the existing footprint of the structure; C. Routine landscape maintenance of established,ornamental landscaping,such as lawn mowing,pruning and weeding;and D. Maintenance of the following existing facilities that does not expand the affected area:septic tanks(routine cleaning);wells;and individual utility service connections. E. Diimauyfht+l qr rtingviring sirmitiros ICf t1D.olhcr wociaied developrncnI air te•clevvi r n iC!1 , "Development regulations"means the controls placed on development or land uses by a county or city,including, but not limited to,zoning ordinances,critical areas ordinances,all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW,planned unit development ordinances, subdivision ordinances,and binding site plan ordinances together with any amendments thereto. "Dike"means an embankment to prevent flooding by a stream or other water body.A dike is also referred to as a levee. "Dock"means a structure built over or floating upon the water and used as a landing place for boats and other marine transport,fishing,swimming,and other recreational uses. "Document of record"means the most current shoreline master program officially approved or adopted by rule by the department for a given local government jurisdiction, including any changes resulting from appeals filed pursuant to RCW 90.58.190. "Dredging"means removal of earth from the bed of a stream,lake,or pond for the purpose of flood control; navigation;utility installation(excluding on-site utility features serving a primary use,which are"accessory utilities"and shall be considered a part of the primary use);the construction or modification of essential public facilities and regional transportation facilities;restoration(of which the primary restoration element is sediment/soil removal rather than being incidental to the primary restoration purpose);and/or obtaining minerals,construction aggregate,or landfill materials.This definition does not include excavation for mining within a pond created by a mining operation approved under this title or under a local zoning ordinance,or a mining operation in existence before zoning,shorelines,or critical areas permits were required for such operations.Dredging,as regulated in this SMP under YMC 17.07.050,is not intended to cover other excavations waterward of the ordinary high water mark that are incidental to construction of an otherwise authorized use or modification(e.g.,bulkhead replacements,large woody debris installations,boat launch ramp installation,pile placement). "Earth material"means any rock,natural soil,or combination thereof. "Ecological functions"or"shoreline functions"means the work performed or role played by the physical,chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. "Ecosystem-wide processes"means the suite of naturally occurring physical and geologic processes of erosion, transport,and deposition;and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. "Enhance"means to strengthen any of the basic functional properties listed in Chapter 17.09 YMC that exist but do not perform at optimum efficiency."Optimum"refers to the most favorable or best performance of each function achievable for a specific segment of stream or lake corridor. "Ephemeral stream"means a stream that flows only in response to precipitation with no groundwater association, usually less than thirty days per year.The lack of any groundwater association results in a lack of a distinctive riparian vegetation compared to the surrounding landscape. "Erosion"means the wearing away of the earth's surface as a result of the movement of wind,water,or ice. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 22 Yakima Municipal Code Page 10/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS "Events and temporary uses"means a social or community occasion or activity lasting for a limited time.Events and temporary uses within permitted facilities or legally nonconforming facilities that are designed for such uses are not included in this definition,as long as they do not materially interfere with the normal public use of the water or shorelines of the state. "Excavation"means the mechanical removal of earth material. "Exempt"developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e),90.58.140(9), 90.58.147,90.58.355,and 90.58.515 which are not required to obtain a shoreline substantial development permit, but which must otherwise comply with applicable provisions of the Act and the local master program. "Fair market value"of a development is the open market bid price for conducting the work,using the equipment and facilities,and purchase of the goods,services and materials necessary to accomplish the development.This would normally equate to the cost of hiring a contractor to undertake the development from start to finish,including the cost of labor,materials,equipment and facility usage,transportation and contractor overhead and profit.The fair market value of the development shall include the fair market value of any donated,contributed or found labor, equipment or materials. "Feasible"means that an action,such as a development project,mitigation,or preservation requirement,meets all of the following conditions: A. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances,or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; B. The action provides a reasonable likelihood of achieving its intended purpose;and C. The action does not physically preclude achieving the project's primary intended legal use. In cases where these guidelines require certain actions unless they are infeasible,the burden of proving infeasibility is on the applicant. In determining an action's infeasibility,the city may weigh the action's relative public costs and public benefits,considered in the short-and long-term time frames. "Fill"means the addition of soil,sand,rock,gravel,sediment,earth retaining structure,or other material to an area waterward of the OHWM,in wetlands,or on shorelands in a manner that raises the elevation or creates dry land. The physical structure of a slebank stabilization structure shall not be considered fill.However,fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions or restoration shall not be considered fill. "Fish and wildlife habitat conservation"means land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times,but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the lone term.Counties and cities should engage in cooperative planning and coordination to help assure long term population viability. "Fish and wildlife habitat conservation areas"are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem,and which,if altered,may reduce the likelihood that the species will persist over the long term.These areas may include,but are not limited to,rare or vulnerable ecological systems,communities,and habitat or habitat elements including seasonal ranges.breeding habitat,winter range,and movement corridors:and areas with high relative population density or species richness,Counties and cities may, also designate locally important habitats and species.Fish and wildlife habitat conservation areas do not include, such artificial features or constructs as irrigation delivery systems,irrigation infrastructure,irrigation canals,or drainage ditches that lie within the boundaries of,and are maintained by,a port district or an irrigation district or company. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 23 Yakima Municipal Code Page 11/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS "Flood"means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface waters from any source. "Flood hazard permit"means written approval applied for and obtained in accordance with such rules and regulations as are established under this title. "Flood insurance rate map(FIRM)"means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study"means the official report provided by the Federal Emergency Management Agency that includes flood profiles,the flood boundary-floodway map,and the water surface elevation of the base flood. "Flood-prone"means a land area for which a floodway and floodplain has not been determined with respect to any specific flood frequency,but for which the potential for flooding can be identified by information observable in the field such as soils or geological evidence,or by materials such as flood studies,topographic surveys,photographic evidence or other data. "Flood-proofing"for purposes of administering this title means any combination of structural and nonstructural additions,changes,or adjustments to structures which reduce or eliminate flood damages to lands,water and sanitary facilities,structures and contents of buildings. "Floodplain"is synonymous with the one-hundred-year floodplain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year.The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the act. "Floodway"means the area,as identified in a master program,that either: A. Has been established in Federal Emergency Management Agency Flood Insurance Rate Maps or floodway maps;or B. Consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which floodwaters are carried during periods of flooding that occur with reasonable regularity,although not necessarily annually,said floodway being identified,under normal conditions,by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition,topography,or other indicators of flooding that occurs with reasonable regularity,although not necessarily annually. Regardless of the method used to identify the floodway,the floodway shall not include those lands that can reasonably be expected to be protected from floodwaters by flood control devices maintained by or maintained under license from the federal government,the state,or a political subdivision of the state. "Floodway fringe"for purposes of administering this title means that portion of a floodplain which is inundated by floodwaters,but is not within a defined floodway.Floodway fringes serve as temporary storage for floodwaters. "Forest land"means land primarily devoted to forest practices activities. "Forest practices"means activities conducted under federal forest practices approval or under a forest practices permit reviewed and approved by the Washington Department of Natural Resources pertaining to the management of forest land,including growing,managing,harvesting,and interim storage of merchantable timber for commercial value,as well as incidental activities reviewed under federal or state approval,such as road construction and maintenance(including bridges)and mining activities. "Geotechnical report"or"geotechnical analysis"means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology,the affected land form and its susceptibility to mass wasting,erosion,and other geologic hazards or processes,conclusions and recommendations regarding the effect of the proposed development on geologic conditions,the adequacy of the site to be developed, the impacts of the proposed development,alternative approaches to the proposed development,and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties.Geotechnical reports shall conform The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 24 Yakima Municipal Code Page 12/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. "Grade"means the vertical location of the ground surface."Natural grade"is the grade as it exists or may have existed in its original undisturbed condition."Existing grade"is the current grade in either its undisturbed,natural condition or as disturbed by some previous modification. "Rough grade"is a stage where grade conforms approximately to an approved plan."Finish grade"is the final grade of the site which conforms to an approved plan. "Average grade level"is the average of the natural or existing topography of the portion of the lot,parcel,or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over water,average grade level shall be the elevation of the ordinary high water mark.Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. "Grading"means the movement or redistribution of the soil,sand,rock,gravel,sediment,or other material on a site in a manner that alters the natural contour of the land. "Groin"means a barrier type of structure that extends from the stream bank into a waterbody for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of materials. Groins may serve a variety of functions,including bank protection,pool formation,and increased roughness,and may include rock structures,debris jams,or pilings that collect wood debris. See also"Barb"and"Weir." "Groundwater"means water that occurs beneath the land surface,also called subsurface water or subterranean water.Groundwater includes water in the zone of saturation of a water-bearing formation. "Guidelines"means those standards adopted by the Department of Ecology into the Washington Administrative Code(WAC)to implement the policy of Chapter 90.58 RCW for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards also provide criteria for local governments and the Department of Ecology in developing and amending master programs. .1.1;11ba1aTh p1ICKSl inliparrafter tirc designated a JiSthaiwl wiidlifa habitat epukenratioti areas k 9ed on I FinlliA1. Lk j! JIuri3jty. 1o+11Y Linaanuju. "Hard structural shoreline stabilization"means shoreline erosion control practices using hardened structures that armor and stabilize the shoreline from further erosion.Hard structural shoreline stabilization typically uses concrete, boulders,dimensional lumber or other materials to construct linear,vertical or near-vertical faces.These include bulkheads,riprap,and similar structures. "Hazardous materials"means any material,either singularly or in combination,that is a physical or health hazard as defined and classified in the International Fire Code,whether the materials are in usable or waste condition;any material that may degrade groundwater quality when improperly stored,handled,treated,used,produced,recycled, disposed of,or otherwise mismanaged;any hazardous waste,hazardous substance,dangerous waste,or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC,whether the materials are in usable or waste condition;and petroleum or petroleum products that are in a liquid phase at ambient temperatures,including any waste oils or sludge. "Height"is measured from average grade level to the highest point of a structure;provided,that television antennas, chimneys,and similar appurtenances shall not be used in calculating height,except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines,or the SMP specifically requires that such appurtenances be included;provided further,that temporary construction equipment is excluded in this calculation. eIresr adl��ent�je�d L l!ss. be higlics1 iratural devatlan Of the grouul surface miff f.In cranwtruction next to the =zoo...wills pia structure. 'Historic smiclore"n1.m am_ gruff.I#ret is_ Iy LIMN igdividu JJyin the National.Itc glerorIIi514ri4 P1 cv,iB Li5(ing.maintained by the Departpie,ltnt? The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 25 Yakima Municipal Code Page 13/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS Interior)or preliminarily determined by the Secretary of the Interior as meeting_the requirements for individual listing on the National Register; 2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical sienificance of a registered historic district or a district preliminariYdetermined by the Secretary to qualify as a registered historic district; 31 Individually listed on a state inventory of historicplaces in states with historic preservation programs which have been approved by the Secretary of Interior;or _"Hydraulic dredging"is a minimally invasive dredging technique that utilizes suction to vacuum up sediments and other lake or riverbed material. �` .,olo ically related critical., ca )4RC w +* 7 ua ift�i-in z MC 17 19 n3nrr)wi.w.,lie- n fu aI p .-t'es found-in_VMC .U nn 030(E) "Hyporheic"means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction. "In-water structures"are structures placed by humans within a stream,river or lake waterward of the OHWM that either causes or has the potential to cause water impoundment or the diversion,obstruction,or modification of water flow. In-water structures may include those for hydroelectric generation,irrigation,water supply,flood control, transportation,utility service transmission,fish habitat enhancement,recreation,or other purpose.Barbs,jetties, groins and weirs are all examples of in-water structures. "Intermittent stream"means a stream which flows only during certain times of the year,with inputs from precipitation and groundwater,but usually more than thirty days per year.The groundwater association generally produces an identifiable riparian area.This definition does not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water. "Lake or pond"means an inland body of standing water, "Limited master program amendment"means a master program amendment that addresses specific procedural and/or substantive topics and which is not intended to meet the complete requirements of a comprehensive master program update. 4,ewes4-4400r-2--for-purposes-o-Patiminister-ing—WC--1-7-49,92.0-nieans-the-lewest-clear--of-the-kimes4-enoi0Sed-nfen- accez or sto; a; -ther ..h - r huiti-sectur-e.: Glatio etf- a., i314 ..bl el atio,da requirements of this title. "Maintenance,normal"means those usual acts to prevent a decline, lapse,or cessation from a legally established condition. See"Repair,normal." "Manufactured home"means a structure fabricated on a permanent chassis that is transportable in one or more sections; is designed to be used with or without a permanent foundation when connected to the required facilities; has sleeping,cooking,and plumbing facilities or any combination thereof;and is intended for human occupancy or is being used for residential purposes. "Manufactured home park or subdivision"means a parcel(or contiguous parcels)of land divided into two or more manufactured home lots for rent or sale pursuant to YMC Title 15. "Manufactured home park or subdivision,existing"means a manufactured home park or subdivision that was completed before December 15, 1981,the effective date of the floodplain management regulations. "May"means the action is acceptable,provided it conforms to the provisions of this chapter. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 26 Yakima Municipal Code Page 14/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS "Minerals"means gravel,sand and metallic and nonmetallic substances of commercial value. "Mining"means the removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching.Mining does not include large excavations for structures,foundations, parking areas,etc. "Must"means a mandate;the action is required. "Native"means indigenous to or originating naturally within Yakima County. "Natural conditions"means those conditions which arise from or are found in nature and not modified by human intervention;not to include artificial or manufactured conditions. "Natural or existing topography"means the topography of the lot,parcel,or tract of real property immediately prior to any site preparation or grading,including excavation or filling. .,, f. structien after to create a structure. I _ te-the-adeptian-e ndnient to conform- te-t ee-present_require.,,ents of the zo. .,district in which-h-is-tenat I.Inaddition. the_structure., ,o, be Ali te4 nde_.h. _ of.h:_chap t b se_the srue.,r ot-be i»_ .,ram ith the-applie tien_andror floodproofing re lawfully.e.,tablished and ma_ntained p o.-_e-the_adoption-e endment of this chapter h..t dee,. noi-e*nfocm-t$th4s- ehe r-he zoning district: which it is located. hi-addition.the Uae.,o of be fitted.. new use under-Eta Ns-ef this ehapter becau a tho of be: nt finance with r tble-P' requirements. "Nonwater-oriented uses"means those uses that are not water-dependent,water-related,or water-enjoyment. "Ordinary high water mark"(OHWM)means that mark on lakes and streams which will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual,and so long continued in ordinary years,as to mark upon the soil or--vegetation-a character distinct from that of the abutting upland,in respect to vegetation as that condition exists on June I. 1971,as it may naturally_change thereafter.or as it may change thereafter in accordance with permits issued by the Cif or Washington Department of Ecology.The following criteria clarify this mark on lakes and streams: A. Lakes. Where the ordinary high water mark cannot be found, it shall be the line of mean high water; B. Streams. Where the ordinary high water mark cannot be found,it shall be the line of mean high water. For braided streams,the ordinary high water mark is found on the banks forming the outer limits of the depression within which the braiding occurs.Pro.idl d,.'t i..a NLarear4 he,ztthe.-ordin .y_high. ate..line t be found the high-water-11-ne-i . "Perennial stream"means a stream that flows year round in normal water years.Groundwater is a source of much of the water in the channel. "Permit"means any substantial development,variance,conditional use permit,or revision authorized under Chapter 90.58 RCW. "Priority habitat"means a habitat type with unique or significant value to one or more species.An area classified and mapped as priority habitat must have one or more of the following attributes: Comparatively high fish or wildlife density;comparatively high fish or wildlife species diversity;fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range;important fish or wildlife movement corridor;rearing and foraging The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 27 Yakima Municipal Code Page 15/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS habitat;refuge; limited availability;high vulnerability to habitat alteration;unique or dependent species;or shellfish bed.A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife.A priority habitat may also be described by a successional stage. Alternatively,a priority habitat may consist of a specific habitat element(such as talus slopes,caves,snags)of key value to fish and wildlife.A priority habitat may contain priority and/or nonpriority fish and wildlife. "Priority species"means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels.Priority species are those that meet any of the criteria listed below: A. State-Listed or State Proposed Species.State-listed species are those native fish and wildlife species legally designated as endangered(WAC 232-12-014),threatened(WAC 232-12-011),or sensitive(WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the Department of Fish and Wildlife(POL-M-6001)for possible listing as endangered,threatened,or sensitive according to the process and criteria defined in WAC 232-12-297. B. Vulnerable Aggregations.Vulnerable aggregations include those species or groups of animals susceptible to significant population declines,within a specific area or statewide,by virtue of their inclination to congregate. C. Species of Recreational,Commercial,and/or Tribal Importance.Native and nonnative fish,shellfish,and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation. D. Species listed under the federal Endangered Species Act as either proposed,threatened,or endangered. "Project site"means that portion of any lot,parcel,tract,or combination thereof which encompasses all phases of the total project proposal. "Provisions"means policies,regulations,standards,guideline criteria or environment designations. "Public access"means the ability of the general public to reach,touch,and enjoy the water's edge,to travel on the waters of the state,and to view the water and the shoreline from adjacent locations. "Public interest"means the interest shared by the citizens of the state or community at large in the affairs of government,or some interest by which their rights or liabilities are affected including,but not limited to,an effect on public property or on health,safety,or general welfare resulting from a use or development. "Public trust doctrine" is a legal principle derived from English Common Law.The essence of the doctrine is that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation,conducting commerce,fishing,recreation and similar uses and that this trust is not invalidated by private ownership of the underlying land.The public trust doctrine does not allow the public to trespass over privately owned uplands to access the water.It does,however,protect public use of navigable water bodies below the ordinary high water mark. "Qualified professional"shall meet the following criteria: A. A qualified professional for wetlands must have a bachelor's degree or higher in biology,ecology,soil science,botany,or a closely related field,and a minimum of five years of professional experience in wetland identification and assessment in the Pacific Northwest. B. A qualified professional for stream corridors must have a bachelor's degree or higher in wildlife biology, ecology,fisheries,or closely related field,and a minimum of five years'professional experience related to the subject species/habitat type. C. A qualified professional for geologically hazardous areas and preparation of geotechnical reports must be a professional engineering geologist or civil engineer,licensed in the state of Washington. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 28 Yakima Municipal Code Page 16/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS D. A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist,or environmental engineer licensed in the state of Washington. E. A qualified professional for channel migration zone reports must be a professional engineering geologist,civil engineer or geologist licensed in the state of Washington,with a minimum of five years of professional experience in geomorphology. F. A qualified professional for flood studies must be a professional engineering geologist or civil engineer licensed in the state of Washington. G. A qualified professional for economic studies must have a bachelor's degree or higher in economics or business administration with five years of professional experience.The five year standard shall be waived for professionals with a PhD degree. H. A qualified professional for habitat assessments and habitat management plans must have a bachelor's degree or higher in biology and professional experience related to the subject species or habitat. I. Or other person/persons with experience,training,expertise and related work experience appropriate for the relevant critical area subjects determined acceptable to the shoreline administrator. "Recreation,high intensity"means use areas with major structures and improvements,such as an urban park with extensive paved surfaces or substantially altered vegetation.RV park/camping with units remaining year-round is included in this category. "Recreation,low intensity"means unimproved use areas,such as hiking or nature trails,primitive camping areas, swimming beaches,etc.An unimproved personal camping and recreation site is included in this category. "Recreation,moderate intensity"means use areas with minor structures and improvements,such as campgrounds, picnic facilities,paved trails,swimming beaches,fishing sites,or nature/history interpretive centers.RV park/camping with units not remaining year-round is included in this category. "Recreation vehicle"means a vehicle which is: A. Built on a single chassis; B. Four hundred square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light-duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel,or seasonal use. "Recreational development"means public or commercial activities or facilities that allow for the refreshment of mind and body.Examples include,but are not limited to,parks,viewpoints,trails,public access facilities,and other low-intensity use outdoor recreation areas.Recreational uses that do not require a shoreline location,nor are related to the water,nor provide significant public access,are considered nonwater-oriented.For example,a recreation use solely offering indoor activities would be considered nonwater-oriented. "Repair,normal"means to restore a development or structure to a state comparable to its original,legally established condition,including but not limited to its size,shape,configuration,location and external appearance, within a reasonable period after decay or partial destruction,except where repair causes substantial adverse effects to shoreline resources or environment.Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development,including but not limited to its size,shape,configuration, location and external appearance,and the replacement does not cause substantial adverse effects to shoreline resources or environment.See also"Maintenance,normal." The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 29 Yakima Municipal Code Page 17/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS "Residential development"means construction or alteration,earth modification,subdivision and use of land primarily for human residence;including,but not limited to,single-family residences and multifamily dwellings, accessory uses,and structures normally associated with residential uses and structures.Residential development includes land divisions,including short plats,of residentially zoned land.It also includes all modifications to land and vegetation associated with construction,preparation,or maintenance of residential structures or accessory structures. "Restore,""restoration"or"ecological restoration"means the reestablishment or upgrading of impaired ecological shoreline processes or functions,such as those listed in YMC 17.09.030(E)that have been lost or destroyed through natural events or human activity.This may be accomplished through measures including,but not limited to, revegetation,removal of intrusive structures and removal or treatment of toxic materials.Restoration does not imply a requirement for returning the site to aboriginal or pre-European settlement conditions. "Revetment"means a facing placed on a bank or bluff to protect a slope,embankment,or shore structure against erosion by wave action or currents. "Riparian vegetation"means the terrestrial vegetation that grows beside rivers,streams,and other freshwater bodies and that depends on these water sources for soil moisture greater than would otherwise be available from local precipitation. "Riprap"means a layer,facing,or protective mound of stones randomly placed to prevent erosion,scour,or sloughing of a structure or embankment;also the stone used for this purpose. "Scour"means the removal of underwater material by waves and currents,especially at the base or toe of a bank stabilization or other in•w ler structure. "Shall"means a mandate;the action must be done. "Shorelands"or"shoreland areas"means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways;and all wetlands and river deltas associated with the streams and lakes which are subject to the provisions of this chapter;the same to be designated as to location by the Department of Ecology. "Shoreline administrator"means the duly appointed city of Yakima director of community development,whichever is appropriate,or their designee. "Shoreline areas"and"shoreline jurisdiction"means all"shorelines of the state"and"shorelands"as defined in RCW 90.58.030. "Shoreline environment designations"are a classification of shorelines established by local shoreline master programs in order to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas. "Shoreline modifications"means those actions that modify the physical configuration or qualities of the shoreline area,usually through the construction of a physical element such as a dike,breakwater,pier,weir,dredged basin, fill, bulkhead,or other shoreline structure.They can include other actions,such as clearing,grading,or application of chemicals. "Shoreline stabilization"means structural or nonstructural modifications to the existing shoreline intended to address erosion impacts to property and dwellings,businesses,or structures caused by natural processes,such as current,flood,wind,or wave action.They are generally located parallel to the shoreline at or near the OHWM. "Shorelines"means all of the water areas of the state,including reservoirs,and their associated shorelands,together with the lands underlying them;except(A)shorelines of statewide significance;(B)shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments;and(C)shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020, DOC INDEX#B-1 30 Yakima Municipal Code Page 18/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS "Shorelines hearings board"means a six-member quasi-judicial body,created by the SMA,which hears appeals by any aggrieved party on the issuance of a shoreline permit,enforcement penalty and appeals by the city on Department of Ecology approval of les,regulations,guidelines or designations under the SMA. "Shorelines of statewide significance"means the following shorelines of the state: A. Those lakes,whether natural,artificial,or a combination thereof,with a surface acreage of one thousand acres or more measured at the ordinary high water mark; B. Those natural rivers or segments east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more,or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area,whichever is longer;and C. Those shorelands associated with subsections A and B of this definition. "Shorelines of the state"are the total of all"shorelines"and"shorelines of statewide significance"within the state. "Should"means that the particular action is required unless there is a demonstrated,compelling reason,based on policy of the Shoreline Management Act and this chapter,against taking the action. "Significant"means a reasonable likelihood of more than a moderate adverse impact on environmental quality. Significance involves context and intensity and does not lend itself to a formula or quantifiable test.The context may vary with the physical setting.Intensity depends on the magnitude and duration of an impact.The severity of an impact should be weighed along with the likelihood of its occurrence.An impact may be significant if its chance of occurrence is not great,but the resulting environmental impact would be severe if it occurred. "Significant ecological impact"means an effect or consequence of an action if any of the following apply: A. The action measurably or noticeably reduces or harms an ecological function or ecosystem-wide process. B. Scientific evidence or objective analysis indicates the action could cause measurable or noticeable reduction or harm to those ecological functions or ecosystem-wide processes under foreseeable conditions. C. Scientific evidence indicates the action could contribute to a measurable or noticeable reduction or harm to ecological functions or ecosystem-wide processes as part of cumulative impacts,due to similar actions that are occurring or are likely to occur.Any project may have one or more significant ecological impacts,which can be either short-term or long-term. Projects with short-term significant ecological impacts may still be considered beneficial if the project improved ecological function over the long term,either due to mitigation or because of short-term impacts,may be construction-related only. "Significant vegetation removal"means the removal or alteration of trees,shrubs,and/or ground cover by clearing, grading,cutting,burning,chemical means,or other activity that causes significant ecological impacts to functions provided by such vegetation.The removal of invasive or noxious weeds does not constitute significant vegetation removal.Tree pruning,not including tree topping,where it does not affect ecological functions,does not constitute significant vegetation removal. "Single improved recreational vehicle site"means a site on which a recreational vehicle may be parked with minimal services(such as electricity,well and septic system), without a garage or carport,and without large accessory buildings(small detached storage sheds or accessory structures totaling one hundred twenty square feet or less may be allowed).Recreational vehicle sites not meeting these criteria are considered single-family residences. "Slope"means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Soft structural shoreline stabilization"means shoreline erosion control and restoration practices that contribute to restoration,protection or enhancement of shoreline ecological functions. Soft structural shoreline stabilization typically includes a mix of gravels,cobbles,boulders,logs and native vegetation placed to provide shore stability in The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 31 Yakima Municipal Code Page 19/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS a nonlinear,generally sloping arrangement. Linear,vertical faces are an indicator of hard structural shoreline stabilization(see above definition). "Solid waste"means all putrescible and nonputrescible solid and semisolid wastes including,but not limited to, garbage,rubbish,wood waste,ashes,industrial wastes,swill,demolition and construction wastes,abandoned vehicles or parts thereof,and discarded commodities. Solid waste shall not include earth,clay,sand or gravel. "Special flood hazard area"means the land in the floodplain identified by the Federal Emergency Management Agency that is subject to a one percent or greater chance of flooding in any given year;commonly known as the one-hundred-year floodplain. "Species of local importance"are those species that arc of local concern due to their population status or their sensitivity to habitat alteration or that are game species. "Start ofoon51rtiotlfln." isteyili•vMC l7 nn n20, the firs...kieemeRl'orl'oFm t- 69HStfil' , any`wer-li-beyond e stag@ o excavation.'Pe tiaanc roonsicuotio, +d of: clu de lent p ..t:... eb. clear radin and fill; .1., i1.neludedhn .ion ofst eetc, all:, a.sliGF.lo se- +nstn4lat the-pr rer-ty-af-as ssur-Ouil4ings,such-as-a-ger-age,oF-s#reds-not<eseapied-as-dweUiag-uaits et- as-part--of-th r uc4u r tootin�aFtrei-e sir ctio cludes the firs rmanent--framingar-assembly-o€-the-st erute-or--any-paFt- tl,n -htome-to-itt` en site For°,ant s ctured homes with;., sol�refst-ie�t" � g-eF�he-ma+�tsfastH+aEi � iwanuf&E-tured-home-pafka.`.staFt-eL-eionst uetion"is the date.. ..hich the_construetion_of 4cilities F r. .the site-nn-whie-k nmaetr€a e-is t ;ted-(atte.Iuding,at a mi.aimumrthe"eonstr ieii of stree•c ei4her- Cfnal Site. ad;«g eF the p oreenerete-padsrar "State master program"is the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by Ecology. "Stream"means water contained within a channel,either perennial,intermittent or ephemeral. Streams include natural watercourses modified by man,for example,by stream flow manipulation,channelization,and relocation of the channel.They do not include irrigation ditches,wasteways,drains,outfalls,operational spillways,canals, stormwater runoff facilities,or other artificial watercourses. "Structure"means a permanent or temporary edifice or building,or any piece of work artificially built or composed of parts joined together in some definite manner,whether installed on,above,or below the surface of the ground or water,except for vessels. "Substantial development"shall mean any development of which the total cost or fair market value exceeds five thousand dollars,or any development which materially interferes with the normal public use of the water or shorelines of the state.The dollar threshold established in this definition must be adjusted for inflation by the office of financial management every five years,beginning July 1,2007,based upon changes in the consumer price index during that time period."Consumer price index"means,for any calendar year,that year's annual average consumer price index,Seattle,Washington area,for urban wage earners and clerical workers,all items,compiled by the Bureau of Labor and Statistics,United States Department of Labor.The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. See WAC 173-27-040 for a list of developments that are not considered substantial. in+pcovernent-of-a-sgtteture,the ee ef-whic1<equals;r-eteeeds-4n..p . ,sthe ah ed�val to of the structure either: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 32 Yakima Municipal Code Page 20/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS A. Before the i. ent is started.o B. B nd-is-being-restore4 For t'he purposes oft is E?f nitien,ey...l..tong.1 «, �e."� hen he First afternti.. ..0..ny all,coil: ' ether-struotaral part-eF4he-laeu og-eomn eneress;whetheY^ o•i1.at atteration-affeets-t e-external- de.�segee Octob r-lus--1,mil--995,tole ef'3 ecti a date..Clhis4itle,shai -be-use`d to dd .e ubstantial nth io aid st ore, , v�r ar,�rs"a'r'n'cc c A. Any project for-iipro e n it- o pl ith a Ming state-or local healt -,sanita aFety B1. Any alterattionrorcrst uctur•,ree-listeed-ronn thhe National Re ster of lti tir..zRLa _ r a stow i entor of historic "Substantially degrade"means to cause significant ecological impact. "Unreasonable and disproportionate"means that locations outside of the floodway or CMZ would add more than twenty percent to the total project cost.Other methods to determine unreasonable and disproportionate cost may be used on a case-by-case basis with approval of the shoreline administrator. "Use"means the activity to which land or a building is devoted and for which either land or a building is or may be occupied or maintained. "Variance"is a means to grant relief from the specific bulk,dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline. "Vegetative buffer"or"buffer"means an area extending landward from the ordinary high water mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide,under optimal conditions,adequate soil conditions and native vegetation for the performance of the basic functional properties of a fish and wildlife habitat conservation are ,and wetland mother-hydrologleally-related-cr+tieal-areas as set forth in YMC 17.09.030(E)(Functional Properties)and YMC 17.09.040(D)(Wetland Functions and Rating). It is understood that optimal conditions do not always exist due to degradation of the vegetative buffer before establishment of this title,or due to colonization by normative species. Such conditions still provide functional properties,though at a lower level,depending on the difference from natural conditions. "Vessel"includes ships,boats,barges,or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water. "Water-dependent use"means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations. "Water-enjoyment use"means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use;or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location,design,and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline.In order to qualify as a water-enjoyment use,the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that foster shoreline enjoyment. "Water-oriented use"means a use that is water-dependent,water-related,or water-enjoyment,or a combination of such uses. "Water quality"means the physical characteristics of water within shoreline jurisdiction,including water quantity, hydrological,physical,chemical,aesthetic,recreation-related,and biological characteristics.Where used in this chapter,the term"water quantity"refers only to development and uses regulated under this chapter and affecting water quantity,such as impermeable surfaces and storm water handling practices. Water quantity,for purposes of The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 33 Yakima Municipal Code Page 21/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS this chapter,does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. "Water-related use"means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: A. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water;or B. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. -wnier 4)f the Itgle" in al I InK4.rk .c-aiiis,iiilaruI%atON,undrrl5r011ird waters,salt waters,and All other surface waters and watercourses die j prixcliciinrti o1'Rf►.shade I''.'.'a itiggilr11, "Weir"means a structure generally built across a stream channel for the purpose of diverting water or trapping sediment or other moving objects transported by water. "Wetland"or"wetlands"means that area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support,and that under normal circumstances does support,a prevalence of vegetation typically adapted for life in saturated soil conditions.Wetlands generally include swamps,marshes,bogs and similar areas.Wetlands do not include those artificial wetlands intentionally created from nonwetland sites,including,but not limited to,irrigation and drainage ditches,grass-lined swales,canals,detention facilities,wastewater treatment facilities,farm ponds,and landscape amenities,or those wetlands created after July 1, 1990,that were unintentionally created as a result of the construction of a road,street,or highway.However,wetlands may include those artificial wetlands specifically intentionally created from nonwetland areas to mitigate conversion of wetlands. "Wildlife"means all species of the animal kingdom whose members exist in Washington in a wild state.The term "wildlife"includes,but is not limited to,any mammal,bird,reptile,amphibian,fish,or invertebrate,at any stage of development.The term"wildlife"does not include feral domestic mammals or the family Muridae of the order Rodentia(old world rats and mice). "Wildlife habitat"means areas which,because of climate,soils,vegetation,relationship to water,location and other physical properties,have been identified as of critical importance to maintenance of wildlife species. 17.01.100 Shoreline jurisdiction. Pursuant to the authority of RCW 90.58.030(2)(f)and WAC 173-22-040(2)—(3),the jurisdictional limits of the shoreline master program within the city of Yakima for areas that are subject to these regulations are listed below. The city of Yakima has developed maps to generally depict the extent of shoreline jurisdictional boundaries for all shorelines within the county.These maps are for informational and illustrative purposes only and are not regulatory in nature. Where such maps are not available or do not correspond with physical features on the ground, jurisdictional boundaries shall be controlled by the criteria listed below,Chapter 173-22 WAC,and the Act itself. It is understood when the maps and the actual physical features do not correspond,the physical features will dictate the extent of the jurisdictional boundaries.It is understood that the actual physical features may change.The physical features will dictate the extent of the shoreline jurisdictional boundaries. Shoreline jurisdictional area shall include: A. The following waterbodies in the city and,upon annexation,in the UGA: 1. Yakima River; 2. Naches River; 3. Cowiche Creek; 4. Willow Lake; 5. Lake Aspen;and The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 34 Yakima Municipal Code Page 22/136 Chapter 17.01 PURPOSE AND GENERAL PROVISIONS 6. Rotary Lake. B. Buchanan Lake shall be regulated under this SMP when the Washington Department of Natural Resources Surface Mine Reclamation Permit lapses or is terminated,or when the city receives a permit application for new development on or uses of Buchanan Lake.The original Shoreline Substantial Development and Conditional Use Permit(SH 84-3)issued by Yakima County for Buchanan Lake still governs. C. Subject to subsection H of this section,wherever the"floodway"has been established by a flood insurance study prepared by the Federal Emergency Management Agency(FEMA),shoreline jurisdiction shall be the floodway plus two hundred feet,measured on a horizontal plane,or the one-hundred-year floodplain,whichever is lesser. D. Subject to subsection H of this section,whenever the one-hundred-year floodplain has been identified by a flood insurance study prepared by the Federal Emergency Management Agency but where no"floodway"has been identified,shoreline jurisdiction shall be the one-hundred-year floodplain boundary or two hundred feet,measured in a horizontal plane,from the ordinary high water mark,whichever is greater. E. Whenever there are no detailed floodplain or floodway studies,shoreline jurisdiction shall be two hundred feet,measured on a horizontal plane,from the ordinary high water mark. F. Where a channel migration zone(CMZ)has been identified,and extends beyond the jurisdiction established by subsection C of this section,jurisdiction shall extend to the extent of the CMZ,but not beyond the limits of subsection D of this section. G. Those wetlands and river deltas which are in proximity to and either influence or are influenced by the shorelines.This influence includes,but is not limited to,one or more of the following:periodic inundation,location within a floodplain,or hydraulic continuity. H. Under no circumstances shall shoreline jurisdiction be less than two hundred feet,measured on a horizontal plane,from the ordinary high water mark of the shoreline waterbody,except that those portions of Buchanan Lake within two hundred feet of the Yakima River are excluded from shoreline jurisdiction until Buchanan Lake is regulated as a shoreline waterbody. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 35 Yakima Municipal Code Page 23/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS Sections: 17.03.005 Intent of provisions. 17.03.010 Floodway/channel migration zone(CMZ). 17.03.020 Urban conservancy. 17.03.030 High intensity. 17.03.040 Essential public facilities. 17.03.050 Shoreline residential. 17.03.060 Aquatic. 17.03.070 Shoreline use and modification matrix. 17.03.080 Development standards. 17.03.090 Official shoreline maps and unmapped or undesignated shorelines. 17.03.100 Predesignation. 17.03.005 Intent of provisions. This SMP is intended to meet the requirements in WAC 173-26-211.It states that: Master programs shall contain a system to classify shoreline areas into specific environment designations.This classification system shall be based on the existing use pattern,the biological and physical character of the shoreline,and the goals and aspirations of the community as expressed through comprehensive plans as well as the criteria in this section. Each master program's classification system shall be consistent with that described in WAC 173-26-211(4)and(5)unless the alternative proposed provides equal or better implementation of the act. This SMP is consistent with these requirements,deviating from WAC 173-26-211(4)and(5)with respect only to some environment designation names,or the addition of new environment designations where such provides the city with opportunity to provide further,but complementary,designations consistent with existing land management plans.Each environment designation contains a purpose statement,designation criteria,and management policies components. 17.03.010 Floodway/channel migration zone(CMZ). A. Purpose.The"floodway/CMZ"environment is intended to protect the water areas,islands,associated overflow channels,and channel migration areas.This environment provides for the movement of the river within its floodplain,and emphasizes preservation of the natural hydraulic,geologic and biological functions of the city's shorelines that are constrained by biophysical limitations. B. Designation Criteria.The floodway/CMZ designation is assigned to shoreline areas that are within a mapped channel migration zone and/or within a designated FEMA floodway.The extent of the floodway/CMZ designation should never extend beyond the limitations of the shoreline CMZ found in WAC 173-26-221(3)(b).Areas separated from the active river channel by existing legal artificial channel constraints should not be considered as part of the CMZ.In addition,areas that are separated from the active channel by legally existing artificial structure(s) including transportation facilities,built above or constructed to remain intact through the one-hundred-year flood,should also not be considered part of the CMZ. C. Management Policies. 1. Commercial,industrial,mining,nonwater-oriented recreation,roads,utilities,parking areas,and residences should generally not be located in the floodway/CMZ environment.Other uses(recreation,resource, etc.)should be carefully limited to protect shoreline functions. 2. Activities that may degrade the value of the floodway/CMZ environment should be limited,and development in hazardous areas should be restricted. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 36 Yakima Municipal Code Page 24/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS 3. Modifications that harden or fix stream banks and channels should be discouraged. 17.03.020 Urban conservancy. A. Purpose.The"urban conservancy"environment is intended to protect and restore ecological functions of open space,floodplain and other sensitive lands where they exist in urban and developed settings,while allowing a variety of compatible uses. B. Designation Criteria. Specific criteria for designation of the urban conservancy environment include areas or properties that: 1. Lie in the city limits and urban growth areas; 2. Are planned for development that is compatible with the principles of maintaining or restoring the ecological functions of the area; 3. Are suitable for water-enjoyment uses; 4. Are open space or floodplains;or 5. Are areas that retain important ecological functions which should not be more intensively developed. C. Management Policies. 1. Allowed uses for the urban conservancy environment generally include uses which preserve the natural character of the area,and promote the preservation of open space,floodplains or sensitive lands. 2. Uses allowed under this designation should focus on recreation. 3. Commercial,industrial and residential uses should be limited,and when allowed,result in restoration of ecological functions. 4. Public access and recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated. 17.03.030 High intensity. A. Purpose.The purpose of the"high intensity"environment is to provide for high intensity water-oriented commercial,transportation,and industrial uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. B. Designation Criteria. Specific criteria for designation of the high intensity environment include areas or properties that: 1. Presently support high intensity land uses including commercial,industrial,urban recreational, transportation,or high intensity water-oriented uses. 2. Are planned to accommodate urban expansion of uses listed in subsection(B)(1)of this section. C. Management Policies. 1. Water-oriented commercial,industrial,and recreation uses should be given high priority in the high intensity environment.First priority should be given to water-dependent uses. Second priority should be given to water-related and water-enjoyment uses.Nonwater-oriented uses should not be allowed except as part of mixed-use developments.Nonwater-oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water-oriented uses or on sites where there is no direct access to the shoreline.Public benefits such as ecological restoration or public access may be required in association with nonwater-oriented development. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 37 Yakima Municipal Code Page 25/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS 2. When considering shoreline environment designation amendment proposals,full utilization of existing high intensity areas should be achieved before further expansion of intensive development is allowed. 3. New development in the high intensity designation should assure no net loss of shoreline ecological functions.Where applicable,new development should include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law. 4. Where feasible,visual and physical public access should be required as part of development in the high intensity designation unless it already exists to serve the development or other safety,security,or fragile environmental conditions apply. 5. Aesthetic objectives should be implemented by means such as sign control regulations,appropriate development siting,screening and architectural standards,and maintenance of natural vegetative separation. 17.03.040 Essential public facilities. A. Purpose.The"essential public facilities"environment is intended to support planning and maintenance of existing essential public facilities. B. Designation Criteria.The essential public facilities designation is assigned to lands containing those facilities that are typically difficult to site or relocate,such as state or regional transportation facilities and wastewater handling facilities. C. Management Policies. 1. Essential public facilities and their accessory or supporting uses are allowed in the essential public facilities environment. 2. Allowed new development in the essential public facilities designation should assure no net loss of shoreline ecological functions. 3. Where applicable,new and expanded development should include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law. 4. Expansion and improvement of existing facilities should be allowed,with mitigation sequencing applied to avoid and then minimize adverse impacts to the extent consistent with the specific facility and public needs, with mitigation required for any remaining adverse impacts. 17.03.050 Shoreline residential. A. Purpose.The purpose of the"shoreline residential"environment is to accommodate residential development and appurtenant structures that are consistent with the SMP.An additional purpose is to provide appropriate public access and recreational uses. B. Designation Criteria.Assign a shoreline residential environment designation to areas that are predominantly single-family or multifamily residential development or are planned and platted for residential development. C. Management Policies. 1. Development standards addressing the development envelope,water quality,and vegetation should assure no net loss of shoreline ecological functions,taking into account the environmental limitations and sensitivity of the shoreline area,the level of infrastructure and services available,and other comprehensive planning considerations. 2. Multifamily and multi-lot residential and recreational developments should provide public access and joint use for community recreational facilities. 3. Access,utilities,and public services should be available and adequate to serve existing needs and/or planned future development. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 38 Yakima Municipal Code Page 26/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS 4. Commercial development should be limited to water-oriented uses and allowed only when the underlying zoning permits such uses. 17.03.060 Aquatic. A. Purpose.The purpose of the"aquatic"environment is to protect,restore,and manage the unique characteristics and resources of the areas waterward of the ordinary high-water mark of shoreline lakes_ B. Designation Criteria.The aquatic designation applies to lands and waters waterward of the ordinary high water mark of shoreline lakes. C. Management Policies. 1. Allow new over-water structures only for water-dependent uses,public access,or ecological restoration. The size of new over-water structures should be limited to the minimum necessary to support the structure's intended use. 2. In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple use of over-water facilities should be encouraged. 3. Uses that could adversely impact the ecological functions of critical freshwater habitats should not be allowed except where necessary to achieve the objectives of the Shoreline Management Act,and then only when their impacts are mitigated according to mitigation sequencing as necessary to assure no net loss of ecological functions. 4. Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. 5. When considering development or activities in the aquatic environment,the city should favor development and activities associated with preferred uses of the Shoreline Management Act and apply development standards that consider water quality,navigation,presence of aquatic vegetation,existing critical habitats,aesthetics,public access,and views. 17.03.070 Shoreline use and modification matrix. Table 03.070-1 lists the uses and activities for each shoreline environment designation that are allowed by substantial development permit and/or conditional use permit,or are prohibited. Such uses shall be processed in accordance with Chapter 17.13 YMC(Administration and Enforcement).This table does not change those situations of when this title does not apply to a development(YMC 17.01.020,Applicability),or when a use or activity listed as needing a shoreline substantial development permit may qualify for an exemption instead(YMC 17.13.050, Exemptions from shoreline substantial development permits).Definitions for some uses are provided in YMC 17.01.090.The provisions in Table 03.070-1 apply to specific common uses and types of development only to the extent they occur within shoreline jurisdiction. Table 03.070-1.Shoreline Use and Modification Matrix • Shoreline Use or Modification Key: Essential Floodway/Channel Y. High Shoreline Urban Aquatic- S=Shoreline Substantial Development Permit or Public Migration Zone P Intensity Facilities Residential Conservancy CMZ Lakes Exemption 1 C=Shoreline Conditional Use Permit X=Prohibited N/A=Not Applicable AgrJruIWre . _ _ _ The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 39 Yakima Municipal Code Page 27/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS Shoreline Use or Modification Essential Floodway/Channel y Key: High Shoreline Urban Aquatic- S=Shoreline Substantial Development Permit or Public Migration Zone p Intensity Facilities Residential Conservancy CMZ Lakes Exemption C=Shoreline Conditional Use Permit X=Prohibited N/A=Not Applicable Agricultural Activities S X S S S N/A Agricultural Market,Agricultural Stand S X X S X N/A Winery and Brewery S X X S X N/A Agriculture-Industrial Agricultural Chemical Sales/Storage S X X X X N/A Agricultural Related Industries and S X X C X N/A Storage Concentrated Feeding Operation X X X X X N/A Aquaculture ' Rearing Commercial X X X X X X Noncommercial S S X C C S Processing X X I X X X X Packing and Storage See Industry/Manufacturing/Storage 1 Boating and Private Moorage Facilities I Boat Launches Private S X C X X See upland designation Public/Community/Commercial S S S S S S Pier/Dock I Single-Family Residence Facility to N/A X S X X S Access Watercraft Water-Dependent Commercial,Industrial, Aquaculture,Recreational,or Community S X h 1 X X S Residential Use;or Public Access Commercial and Service Development Retail,Trade,and Service Water-Oriented S X X S X C Nonwater-Oriented General C X X C X X General+Public Benefit' S X X C X X Separated from Shoreline S X X S X X The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020, DOC INDEX# B-1 40 Yakima Municipal Code Page 28/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS Shoreline Use or Modification Essential Floodway/Channel y Key: High Shoreline Urban Aquatic- S=Shoreline Substantial Development Permit or Public Migration Zone Exemption P Intensity Facilities Residential Conservancy (CMZ) Lakes P C=Shoreline Conditional Use Permit X=Prohibited N/A=Not Applicable Mixed-Use'Project That Includes a Water-Dependent Commercial, S X X S X C Industrial,Aquaculture,or Recreational Use Outdoor Manufacturing,Processing S X X X X X and Storage Community Services and Institutional Uses Water-Oriented S S X S X C Nonwater-Oriented General C C X C X X Separated from Shoreline S S X S X N/A Mixed-Use'Project That Includes a Water-Dependent Commercial, S S X S X C Industrial,Aquaculture,or Recreational Use Health and Social Service Facility S S X X X X Mixed-Use Buildings S X X X X X Dredging and Dredge Material Disposal Dredging for Water-Dependent Use and Public N/A C N/A N/A C C Access I I Dredging for Existing Navigation Uses I N/A X N/A N/A X C Dredging for Habitat Restoration I N/A S N/A N/A S S Dredging,Other N/A X N/A N/A X X Disposal of Dredged Material,General S S X X X X Disposal of Dredged Material,General+Part of I Restoration Plan S S X C C X Dredging Maintenance Plan N/A S N/A N/A S S Fill Waterward of the OHWM,General N/A C N/A N/A C C Waterward of the OHWM,General+Part of N/A S N/A N/A S S Restoration Plan Upland of the OHWM,General S S S S C N/A Upland of the OHWM,Part of Restoration Plan S S S S S N/A Flood Hazard Reduction Measures .— Modification of Existing Flood Hazard Facilities S S S I S S N/A (including relocation farther landward) The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 41 Yakima Municipal Code Page 29/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS Shoreline Use or ModificationI- , r_ Key: High Essential Floodway/Channel Shoreline Urban Aquatic- S=Shoreline Substantial Development Permit or Public Migration Zone P Intensity Facilities Residential Conservancy CMZ Lakes Exemption C=Shoreline Conditional Use Permit X=Prohibited N/A=Not Applicable New Facilities C C I C C C N/A e, Forest Practices N/A + N/A N/A r N/A N/A I N/A EndrutriAhndarloringaSloraRe [ Water-Oriented S X X C X C Nonwater-Oriented General C X X X X X General+Part of Restoration Plan, Provides Other Public Benefit',or S X X X X X Located in Degraded Area' I Outdoor Manufacturing,Processing and X X i X X X X Storage Separated from Shoreline S X X C X N/A .I i.. _ . Mixed-Use'Project That Includes a Water-Dependent Commercial,Industrial, S X X C X C Aquaculture,or Recreational Use In-Water Slrllslutri To Protect Public Facilities C C C C C C To Protect or Restore Ecological Functions S S S . S S S To Monitor Flows,Water Quality,or Other Habitat S S S S S S Characteristics Other C C C X X C r—_, tillydim lap 1 Surface Mining C X X X ' X X Underground Mining X X X X X X Mining for Habitat Restoration S S S S C S Ru'taliuual lir•r, •liu-:ul - - - Water-Oriented High-Intensity,General S S S C C C High Intensity,General+Part of Restoration Plan or Located in Degraded I S S S S S S Area' Moderate-Intensity,General S S S S C C The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020 DOC INDEX#B-1 42 Yakima Municipal Code Page 30/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS Shoreline Use or Modification Essential Floodway/Channel y Key: High Shoreline Urban Aquatic- S=Shoreline Substantial Development Permit or Public Migration Zone Exemption P Intensity Facilities Residential Conservancy (CMZ) Lakes P C=Shoreline Conditional Use Permit X=Prohibited N/A=Not Applicable Moderate-Intensity,General+Part of Restoration Plan or Located in Degraded I S S S S I S S Area' Low-Intensity I S S S S S S Trails S S S S S S Recreation Maintenance Plan S S S S S S Nonwater-Oriented General C X X C X i X Sites Separated from Shoreline S X S S C N/A Indoor See Commercial and Service Development Residential Development Single-Family Dwelling S X S S X N/A Accessory Dwelling Unit S X S S X N/A Duplex S X C C X N/A Multifamily Dwelling S X X X X N/A Manufactured Home Park or Subdivision' C X X X X N/A Houseboats and Over-Water Residential Uses 1 N/A X N/A N/A X w X Residential Maintenance Plan S N/A S N/A N/A S Shoreline Habitat and Natural Systems Enhancement Projects T- Shoreline Habitat and Natural Systems Enhancement I S S S S S I S Projects Shoreline Stabilization Hard Stabilization C C C C C C Soft Stabilization I S S S C C S Repair and Replacement S S S S S S — — l . ..- Signs On-Premises for Authorized Use S S S S S S Off-Premises S S X X X X Informational(directional,landmark,trail marker, S S S S S S etc) Transportation and Parking New Access Roads Serving Permitted Uses I S S S I S C N/A The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020, DOC INDEX#B-1 43 Yakima Municipal Code Page 31/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS — — T. • - Shoreline Use or Modification Key: High Essential Floodwa /Channel Shoreline Urban y Aquatic- S=Shoreline Substantial Development Permit or Public Migration Zone Exemption P Intensity Facilities Residential Conservancy (CMZ) Lakes P C=Shoreline Conditional Use Permit X=Prohibited N/A=Not Applicable Expanded Access Roads Serving Permitted Uses S S S S S N/A New Highways,Freeways,Arterials and Collectors S S C C C C Expanded Highways,Freeways,Arterials and S S S S S S Collectors New Bridges S S C C C C Expanded Bridges S S S S S S Transportation Maintenance Plan S S S S S N/A Transportation Maintenance Facilities C S X C X X New Railways S S C C C C Expanded Railways S S S S S S Parking for Authorized Use Reviewed as part of authorized use Park and Ride Lots and Similar Stand Alone Parking C [ S X I X 1 X X Utilities — — I Utility Services Accessory to Individual Shoreline Reviewed as part of authorized use Projects Utility Services to Projects outside Shoreline S S S S C C Jurisdiction New Power Generating Facilities C C X C X C • Expanded Power Generating Facilities S S X C X C Utility Transmission Lines S S C C C C _ New Utility Services,General C C C C C C Expanded Utility Services,General S S S S C C ' Utility Maintenance Plan S S S S S Wastewater Treatment Facility C S X C C X I Wastewater Treatment Facility+Part of Restoration S S X S S X Plan or Located in Degraded Area' ' Public benefit=public access for substantial numbers of persons or shoreline ecological restoration. 2 Degraded area=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" In this context,"mixed-use"means a shoreline development that includes and supports a water-dependent use 5 "Mixed-use building"means a building in a commercial district or planned development used partly for residential use and partly for a community facility or commercial use The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 44 Yakima Municipal Code Page 32/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS 17.03.080 Development standards. A. There shall be a thirty-five-foot maximum building height for all structures,except that utility towers and poles,water treatment towers,wastewater treatment facilities and bridges are not required to meet this standard.To exceed thirty-five feet,an applicant must apply for a shoreline variance,and comply with the following criteria in addition to standard shoreline variance criteria: 1. Demonstrate overriding considerations of the public interest will be served. 2. Demonstrate that the proposal will not obstruct the view of a substantial number of residences on areas adjoining such shorelines or impair views from public lands or impair scenic vistas to the Yakima Greenway or Naches River or associated lakes. B. Minimum shoreline lot frontage shall be consistent with underlying zoning and be no less in width than the following by shoreline environment: 1. High intensity,essential public facilities:thirty-five feet. 2. Shoreline residential:fifty feet. 3. Urban conservancy,floodway/CMZ: sixty feet. C. Shoreline buffers: See YMC 17.09.030. D. Minimum structure setback from side property lines in shoreline jurisdiction shall be consistent with the underlying zoning and no less than five feet. 17.03.090 Official shoreline maps and unmapped or undesignated shorelines. A. The shoreline jurisdiction and environment designations established by this title are shown on the official Shoreline Jurisdiction and Environment Designations Map for the Yakima urban growth area.The official Shoreline Jurisdiction and Environment Designations Map,together with all the explanatory material thereon,is adopted by reference and declared to be a part of this SMP.The electronic files of the official map will be considered the official version and may be updated administratively or through an SMP amendment as indicated in subsections B, C and D of this section.The Department of Ecology will be provided with electronic files of the official map when any updates are made.Minor mapping errors corrected administratively shall not be greater than one acre in size.If greater than one acre in size,a SMP amendment shall be completed within three years of finding the mapping error. B. Any areas within shoreline jurisdiction that are not mapped and/or designated due to minor mapping inaccuracies in the lateral extent of shoreline jurisdiction from the shoreline waterbody related to site-specific surveys of ordinary high water mark,floodway,channel migration zones,and/or floodplain are automatically assigned the category of the contiguous waterward shoreline environment designation.Where the mapping inaccuracy results in inclusion of an unmapped associated wetland,that wetland shall be assigned an urban conservancy environment designation.Correction of these minor mapping inaccuracies may be made and incorporated into the official Shoreline Jurisdiction and Environment Designations Map without an SMP amendment. C. All other areas of shoreline jurisdiction that were neither mapped as jurisdiction nor assigned an environment designation shall be assigned an urban conservancy designation until the shoreline can be redesignated through an SMP amendment process conducted consistent with WAC 173-26-100 and YMC 17.13.140. D. The actual location of the OHWM,floodplain,floodway,and wetland boundaries must be determined at the time a development is proposed.Wetland boundary and ordinary high water mark determinations are valid for five years from the date they are assessed and flagged in the field.After five years have elapsed,the city shall determine whether a revision or additional assessment is necessary. Floodplain and floodway boundaries should be assessed using FEMA maps or the most current,accurate,and complete scientific and technical information available. E. In addition,any property shown in shoreline jurisdiction that does not meet the criteria for shoreline jurisdiction shall not be subject to the requirements of this SMP.Revisions to the official Shoreline Jurisdiction and The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 45 Yakima Municipal Code Page 33/136 Chapter 17.03 SHORELINE ENVIRONMENT DESIGNATIONS Environment Designations Map may be made as outlined in subsection B of this section without an SMP amendment. 17.03.100 Predesignation. The city of Yakima has adopted shoreline environment predesignations for shorelines located outside of city limits but within the city's urban growth area.In the event of annexation of a shoreline,the affected area shall be subject to the Yakima shoreline master program upon the effective date of the annexation. The city has also adopted shoreline environment predesignations for Buchanan Lake and its future associated shorelands.In the event that the Washington Department of Natural Resources Surface Mine Reclamation Permit lapses or is terminated,or when the city receives a permit application for new development on or uses of Buchanan Lake,Buchanan Lake shall be considered a shoreline waterbody and will be subject to this SMP. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 46 Yakima Municipal Code Page 34/136 Chapter 17.05 GENERAL REGULATIONS Chapter 17.05 GENERAL REGULATIONS Sections: 17.05.010 Archaeological and historic resources. 17.05.020 Environmental protection. 17.05.030 Shoreline vegetation conservation. 17.05.040 Water quality,stormwater,and nonpoint pollution. 17.05.050 Public access. 17.05.060 Flood hazard reduction. 17.05.010 Archaeological and historic resources. A. The city shall require that permits issued in areas documented to contain archaeological resources or located within an area classified as"high risk and/or very high risk"for archaeological resources based on the Washington State Department of Archaeology and Historic Preservation(DAHP)predictive model require a site inspection or evaluation by a professional archaeologist.Auger tests may be required before construction and representatives of DAHP and Yakama Nation may be invited to observe any tests and construction work,and will be provided the results of such tests. If auger or historical data indicate probable presence of cultural resources which may be disturbed by excavation,the city shall meet the shoreline permit applicant and may impose conditions on any shoreline permit to assure that such resources are protected,preserved or collected. B. Developers and property owners shall immediately stop work and notify the city,DAHP,and the Yakama Nation if archaeological resources are uncovered during excavation.Following such notification,the city may follow the provisions of subsection C of this section. C. Where a professional archaeologist or historian,recognized by the state of Washington,has identified an area or site as having significant value,or where an area or site is listed in national,state or local historical registers,or where the DAHP predictive model identifies the area as having"high risk and/or very high risk"for archaeological resources,the city shall require an evaluation of the resource,and appropriate conditions,which may include preservation and/or retrieval of data,proposal modifications to reduce impacts,or other mitigation authorized through the State Environmental Policy Act,or other local,state,or federal laws. 17.05.020 Environmental protection. A. Ecological Functions.Uses and developments on city of Yakima shorelines must be designed,located,sized, constructed and maintained to achieve no net loss of shoreline ecological functions necessary to sustain shoreline natural resources.Uses and developments must not have an unmitigated significant adverse impact on other shoreline functions fostered by this SMP. B. Protection of Critical Areas and Critical Areas Buffers.Critical areas,critical area buffers,and shoreline buffers must be protected in accordance with the provisions of Chapter 17.09 YMC,Critical Areas in Shoreline Jurisdiction. C. Mitigation Requirement.If a proposed shoreline development,use or modification is entirely addressed by specific,objective standards(such as setback distances,pier dimensions,or materials requirements)contained in this SMP,only then is a mitigation sequencing analysis described in subsection D of this section not required.In the following circumstances,the applicant must provide the mitigation sequencing analysis described in subsection D of this section: 1. If a proposed shoreline use or modification is addressed in any part by discretionary standards(such as standards requiring a particular action if feasible or requiring the minimization of development size)contained in this chapter,then the mitigation sequencing analysis is required for the discretionary standard(s);or 2. When an action requires a shoreline conditional use permit or shoreline variance permit;or 3. When specifically required by regulations contained in this chapter and Chapters 17.07 and 17.09 YMC. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 47 Yakima Municipal Code Page 35/136 Chapter 17.05 GENERAL REGULATIONS D. Mitigation Sequence.In order to ensure that development activities contribute to meeting the no net loss of ecological functions provisions by avoiding,minimizing,and mitigating for adverse impacts to ecological functions or ecosystem-wide processes,an applicant required to complete a mitigation analysis pursuant to subsection C of this section must describe how the proposal will follow the sequence of mitigation as defined below: 1. Avoid the impact altogether by not taking a certain action or parts of an action; 2. Minimize the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology,or by taking affirmative steps to avoid or reduce impacts; 3. Rectify the impact by repairing,rehabilitating,or restoring the affected environment to the conditions existing at the time of the initiation of the project or activity; 4. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action; 5. Compensate for the impact by replacing,enhancing,or providing substitute resources or environments; and 6. Monitor the impact and the compensation projects and take appropriate corrective measures. E. Mitigation Plan. All proposed alterations to shoreline jurisdiction that will have adverse effects on ecological functions require mitigation sufficient to provide for and maintain the functions and values of the shoreline area or to prevent risk from a critical areas hazard.The applicant must develop and implement a mitigation plan prepared by a qualified professional.Mitigation in excess of that necessary to ensure that development will result in no net loss of ecological functions will not be required by the city of Yakima,but may be voluntarily performed by an applicant.In addition to any requirements found in Chapter 17.09 YMC,Critical Areas in Shoreline Jurisdiction,a mitigation plan must include: 1. An inventory and assessment of the existing shoreline environment including relevant physical,chemical and biological elements; 2. A discussion of any federal,state,or local management recommendations which have been developed for critical areas or other species or habitats located on the site; 3. A discussion of proposed measures which mitigate the adverse impacts of the project to ensure no net loss of shoreline ecological functions; 4. A discussion of proposed management practices which will protect fish and wildlife habitat both during construction and after the project site has been fully developed; 5. Scaled drawings of existing and proposed conditions,materials specifications,and a minimum three-year maintenance and monitoring plan,including performance standards; 6. A contingency plan if mitigation fails to meet established success criteria;and 7. Any additional information necessary to determine the adverse impacts of a proposal and mitigation of the impacts. F. Alternative Mitigation.To provide for flexibility in the administration of the ecological protection provisions of this SMP,alternative mitigation approaches may be approved within shoreline jurisdiction where such approaches provide increased protection of shoreline ecological functions and processes over the standard provisions of this SMP and are scientifically supported. 17.05.030 Shoreline vegetation conservation. A. Vegetation conservation standards do not apply retroactively to existing uses and developments.Vegetation associated with existing structures,uses and developments may be maintained within shoreline jurisdiction as stipulated in the approval documents for the development. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 48 Yakima Municipal Code Page 36/136 Chapter 17.05 GENERAL REGULATIONS B. Vegetation within shoreline buffers,other stream buffers,wetlands and wetland buffers,WDFW-mapped priority habitats and species areas,and other critical areas must be managed consistent with Chapter 17.09 YMC, Critical Areas in Shoreline Jurisdiction.Regulations specifying establishment and management of shoreline buffers (buffers associated with Type 1 streams and shoreline lakes)are located in YMC 17.09.030,Fish and wildlife habitat conservation areas. C. Other vegetation within shoreline jurisdiction,but outside of shoreline buffers,other stream buffers,wetlands and wetland buffers,and other WDFW-mapped priority habitats and species areas must be managed according to YMC 17.05.020,Environmental protection,and any other regulations specific to vegetation management contained in this SMP and city of Yakima Code. D. Vegetation clearing must be limited to the minimum necessary to accommodate approved shoreline development that is consistent with all other provisions of this SMP and city of Yakima Code.Mitigation sequencing per YMC 17.05.020(D)must be applied unless specifically excluded by this SMP,so that the design and location of the structure or development minimizes native vegetation removal.The city may approve modifications or require minor site plan alterations to achieve maximum tree retention. E. Where vegetation removal conducted consistent with this section results in adverse impacts to shoreline ecological function,new developments or site alterations are required to develop and implement a supplemental mitigation plan.Adverse impacts are assumed to result from: 1. Removal of native trees and shrubs; 2. Removal of nonnative trees or shrubs that overhang aquatic areas or stabilize slopes;or 3. Removal of native or nonnative trees or shrubs that disrupts an existing vegetation corridor connecting the property to other critical areas or buffers. Mitigation plans must be prepared by a qualified professional and must contain information required in YMC 17.05.020(E).Mitigation measures must be maintained over the life of the use or development,and must include compensation for temporal loss of function and the restoration of specific functions adversely impacted by the vegetation removal.Removal of invasive species does not require mitigation,but the removal site must be managed as outlined in subsection I of this section to avoid and minimize potential adverse impacts. F. Shoreline vegetation may be removed to accommodate a temporary staging area when necessary to implement an allowed use or modification,but mitigation sequencing must be utilized and the area must be immediately stabilized and restored with native vegetation once its use as a staging area is complete. G. Where a tree poses a safety hazard,it may be removed or converted to a wildlife snag if the hazard cannot be eliminated by pruning,crown thinning,or other technique that maintains some habitat function.If a safety hazard cannot be easily determined by the city,a written report by a certified arborist or other qualified professional is required to evaluate potential safety hazards. H. Selective pruning of trees for views is allowed. Selective pruning of trees for views does not include removal of understory vegetation,and must not compromise the health of the tree. I. Hand removal or spot-spraying of invasive species or noxious weeds on shorelands outside of steep or unstable slope areas is encouraged.Where noxious weeds and invasive species removal results in bare soils that may be subject to erosion or recolonization by invasive species,the area must be stabilized using best management practices and replanted with native plants. J. Aquatic weed control may only be permitted where the presence of aquatic weeds will adversely affect native plant communities,fish and wildlife habitats,or an existing water-dependent recreational use.Aquatic weed control efforts must comply with all applicable laws and standards.Removal using mechanical methods is preferred over chemical methods. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 49 Yakima Municipal Code Page 37/136 Chapter 17.05 GENERAL REGULATIONS 17.05.040 Water quality,stormwater,and nonpoint pollution. A. Do Not Degrade Ecological Functions.Design,construction and operation of shoreline uses and developments shall incorporate measures to protect and maintain surface and groundwater quantity and quality in accordance with all applicable laws,so that there is no net loss of ecological functions. B. Do Not Degrade Views and Recreation Opportunities.Design,construction and operation of shoreline uses and developments shall incorporate measures to protect and maintain surface and groundwater quantity and quality in accordance with all applicable laws,so that significant impacts to aesthetic qualities or recreational opportunities do not occur.A significant impact to aesthetics or recreation would occur if a stormwater facility and appurtenant structures such as fences or other features have the potential to block or impair a view of shoreline waters from public land or from a substantial number of residences per RCW 90.58.320,or if water quality were visibly degraded such that the color and character were unattractive and discouraged normal uses such as swimming, fishing,boating,or viewing. C. Requirements for New Development. 1. New development and redevelopment shall manage short-term and long-term stormwater runoff to avoid and minimize potential adverse effects on shoreline ecological functions through compliance with the latest edition of the Stormwater Management Manual for Eastern Washington or approved local equivalent if applicable to the project.If certain thresholds are not met by a development that trigger compliance with the Stormwater Management Manual or approved local equivalent,best management practices(BMPs)must still be employed to avoid and minimize potential adverse effects. 2. When the Stormwater Management Manual applies,deviations from the standards may be approved where it can be demonstrated that off-site facilities would provide better treatment,or where common retention, detention and/or water quality facilities meeting such standards have been approved as part of a comprehensive stormwater management plan. D. Chemical Applications.Pesticides,herbicides,and fertilizers should be applied in a manner which minimizes direct or indirect entrance into nearby waters.Application of pesticides intended to abate mosquitoes or similar water-related infestations should be administered in accordance with Environmental Protection Agency standards. E. Sewage Management.To avoid water quality degradation,sewer service is subject to the requirements outlined below. 1. Any existing septic system or other on-site system that fails or malfunctions will be required to connect to an existing municipal sewer service system if feasible,or make system corrections approved by Yakima public health. 2. Any new development,business,single-family or multifamily unit will be required to connect to an existing municipal sewer service system if feasible,or install an on-site septic system approved by Yakima public health. F. Materials Requirements.All materials that may come in contact with water shall be untreated or approved treated wood,concrete,approved plastic composites or steel that will not adversely affect water quality or aquatic plants or animals. G. Low Impact Development(LID).Use of the most current version of the Yakima Regional Low Impact Development(LID) Stormwater Design Manual throughout the various stages of development,including site assessment,planning and design,site preparation,construction,and ongoing management,is encouraged. 17.05.050 Public access. A. Shoreline development shall not interfere with public access and enjoyment of any nearby publicly owned land areas. B. The city shall not vacate any road,street,or alley abutting a body of water except as provided under RCW 35.79.035. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 50 Yakima Municipal Code Page 38/136 Chapter 17.05 GENERAL REGULATIONS C. Efforts to implement the public access provisions of this section shall be consistent with all relevant constitutional and other legal limitations on regulation of private property and the principles of nexus and proportionality.Public access requirements on privately owned lands should be commensurate with the scale and character of the development and should be compatibly designed to meet needs of affected parties including,but not limited to,the landowner and the public. D. Applications that access or are part of properties owned by Yakima County shall submit documentation of county approval prior to submittal to the city. E. Public access does not include the right to enter upon or cross private property,except on dedicated public rights-of-way or easements or where development is specifically designed to accommodate public access. F. Except as provided in subsection G of this section,shoreline substantial developments and shoreline conditional uses shall provide for safe and convenient public access to and along the shoreline where any of the following conditions are present: 1. The development is proposed by a public entity or on public lands,or is a publicly financed erosion control measure; 2. The nature of the proposed use,activity or development will likely generate a public demand for one or more forms of physical or visual access to the shoreline; 3. The proposed use,activity or development is not a water-oriented or other preferred shoreline use, activity or development under the Act,such as a nonwater-oriented commercial or industrial use;or 4. The proposed use,activity or development will interfere with the public use,activity and enjoyment of shoreline areas or waterbodies subject to the public trust doctrine(see definition,YMC 17.01.090). G. An applicant shall not be required to provide public access where the city determines that one or more of the following conditions apply: 1. Reasonable,safe and convenient public access to the shoreline is accessible within one-quarter mile(one thousand three hundred twenty feet)of the site,or the city's adopted parks and recreation plans do not indicate a need for a trail or access at the property; 2. The site is within or part of an overall development which has previously provided public access through other application processes; 3. The economic cost of providing for public access upon the site is unreasonably disproportionate to the total long-term economic value of the proposed use,activity or development; 4. The proposed use,activity or development only involves the construction of four or fewer single-family or multifamily dwellings; 5. The proposed use,activity or development only involves agricultural activities; 6. The proposal consists of a new or expanded road or utility crossing through shoreline jurisdiction serving development located outside of shoreline jurisdiction; 7. The nature of the use,activity or development or the characteristics of the site make public access requirements inappropriate due to health,safety or environmental hazards based on evidence provided in the proposed application; 8. The proposed use,activity or development has security requirements that are not feasible to address through the application of alternative design features or other measures; 9. Significant and unmitigable harm to the shoreline environment would be likely to result from an increase, expansion or extension of public access upon the site; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 51 Yakima Municipal Code Page 39/136 Chapter 17.05 GENERAL REGULATIONS 10. Public access is deemed detrimental to threatened and/or endangered species under the Endangered Species Act. H. Public Access Standards.When public access is provided,the following standards shall apply: 1. Physical public access is preferred to solely visual access. Where physical public access is not feasible, the applicant shall incorporate visual public access.Visual public access may consist of view corridors, viewpoints,or other means of visual approach to public waters.Physical public access may consist of a dedication of land or easement and a physical improvement in the form of a trail,park,or other area serving as a means of physical approach to public waters. 2. Physical public access shall be designed to connect to existing or future public amass features on adjacent or abutting properties,or shall connect to existing public rights nf--way or access casement,consistent with design and safety standards. 3. Public access proposals shall be designed consistent with parks and recreation standards or plans contained in applicable city,county,state,or federal codes or approved plans. I. Shared community access may be allowed if there is no existing or planned public access along the shoreline as determined by a review of adopted parks and recreation plans.Where provided,community access is subject to all applicable development standards of this section. J. Off-site public access,either physical or visual,may be permitted by the city where it results in an equal or greater public benefit than on-site public access,or when on-site limitations of security,environment,or feasibility are preseni.OCt.site public acce%is preferred where it implements adopted city,county,or Yakima Greenway parks and retreation plans_Off-site public access plfty include,but is not limited to,enhancing a nearby public property (e.g.,existing public recreation site;existing public access;road,street or alley abutting a body of water;or similar) in accordance with city standards;providing,improving or enhancing public access on another property under the control of the applicant/proponent;or another equivalent measure. K. The city may condition public access proposals to ensure compatibility with existing public access or transportation facilities,address environmental conditions or environmental impacts,and/or address compatibility with adjacent properties.Public access facilities shall be made compatible with adjacent private properties through the use of techniques to define the separation between public and private space. 17.05.060 Flood hazard reduction. A. Development in floodp lai ns s.#ral l avoid signi Laantly or cumul fish y increasing flood hi Ards, Development shall be consigleipt with this SM11, Mru[iwugw}MC 17-09.11%ras well its Part Four na''MC 1541,applicable guidelines of the Federal Emergency Management Agency,and an approved comprehensive flood hazard management plan. B. The channel migration zone(CMZ)is considered to be that area of a stream channel which may erode as a result of normal and naturally occurring processes and has been mapped consistent with WAC guidelines. C. The following uses and activities may be authorized within the CMZ or floodway: 1. New development or redevelopment on or landward of existing legal structures,such as levees,that prevent active channel movement and flooding. 2. Development of new or expansion or redevelopment of eximing bridges,public si4+mwatcrfacil kiln and outfalls,and Other public utility ;qid transportation structures,including hails, where.no other feasible Oft definition in YMC 17.01.090)alternative exists or the alternative would result in unreasonable and disproportionate costs(see definition in YMC 17.01.090).The evaluation of cost differences between options within the CMZ or floodway and outside of the CMZ or floodway shall include the cost of design,permitting, construction and long-term maintenance or repair. Where such structures are allowed,mitigation shall address adversely impacted functions and processes in the affected shoreline. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 52 Yakima Municipal Code Page 40/136 Chapter 17.05 GENERAL REGULATIONS 3. Development of new or expansion or redevelopment of existing utility lines where no other feasible alternative exists or the alternative would result in unreasonable and disproportionate costs.The evaluation of cost differences between options within the CMZ or floodway and outside of the CMZ or floodway shall include the cost of design,permitting,construction and long-term maintenance or repair.Where such structures are allowed,mitigation shall address adversely impacted functions and processes in the affected shoreline. When the primary purpose of a utility transmission line is to transfer bulk products or energy through a floodway en route to another destination,as opposed to serving customers within a floodway,such transmission lines shall conform to the following: a. All utility transmission lines shall cross floodways by the most direct route feasible as opposed to paralleling floodways; b. Electric transmission lines shall span the floodway with support towers located in floodway fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width,support towers shall be located to avoid high floodwater velocity and/or depth areas,and shall be adequately floodproofed; c. Buried utility transmission lines transporting hazardous and nonhazardous materials,including but not limited to crude and refined petroleum products and natural gas,shall be buried a minimum of four feet below the maximum established scour of the waterway,as calculated on the basis of hydrologic analyses. Such burial depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential channel migration as determined by hydrologic analyses.In the event potential channel migration extends beyond the hydraulic floodway,conditions imposed upon floodway fringe and special flood hazard areas shall also govern placement.All hydrologic analyses are subject to acceptance by the city of Yakima,which shall assume the conditions of a one-hundred-year frequency flood as verified by the U.S.Army Corps of Engineers,and shall include on-site investigations and consideration of historical meander characteristics in addition to other pertinent facts and data.The use of riprap as a meander containment mechanism within the hydraulic floodway shall be consistent with this title; d. Beyond the maximum extent of potential channel migration,utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features;and e. Aboveground utility transmission lines,not including electric transmission lines,shall only be allowed for the transportation of nonhazardous materials where an existing or new bridge or other structure is available and capable of supporting the line.When located on existing or new bridges or other structures with elevations below the one-hundred-year flood level,the transmission line shall be placed on the downstream side and protected from flood debris.In such instances,site-specific conditions and flood damage potential shall dictate placement,design and protection throughout the floodway.Applicants must demonstrate that such aboveground lines will have no appreciable effect upon flood depth,velocity or passage,and shall be adequately protected from flood damage.If the transmission line is to be buried except at the waterway crossing,burial specifications shall be determined as in this subsection(C)(3). 4. New or redeveloped measures to reduce shoreline erosion; provided,that it is demonstrated that the erosion rate exceeds that which would normally occur in a natural condition,that the measures do not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions,and that the measures include appropriate mitigation of adverse impacts on ecological functions associated with the river or stream. 5. Actions that protect or restore the ecosystem-wide processes or ecological functions or development with a primary purpose of protecting or restoring ecological functions and ecosystem-wide processes. 6. Water-dependent installations which by their very nature must be in the floodway.In all instances of locating utilities and other installations in floodway locations,project design must incorporate floodproofing (examples of water-dependent installations are:docks and boat launches;dams for domestic/industrial water supply;wastewater treatment and collection systems;flood control and/or hydroelectric production;water diversion structures and facilities for water supply;irrigation and/or fisheries enhancement;floodwater and The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 53 Yakima Municipal Code Page 41/136 Chapter 17.05 GENERAL REGULATIONS drainage pumping plants and facilities;hydroelectric generating facilities and appurtenant structures;and nonstructural uses and practices;provided,that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of the proposal,and provided further that the proposal is consistent with other provisions of this chapter and title). 7. Modifications or additions to an existing nonagricultural legal use;provided,that channel migration is not further limited and that the modified or expanded development includes appropriate protection of ecological functions. 8. Repair and maintenance of existing legally established use and developments;provided,that channel migration is not further limited,flood hazards to other uses are not increased,and significant adverse ecological impacts are avoided. 9. Existing and ongoing agricultural activities;provided,that no new restrictions to channel movement are proposed. D. Existing structural flood hazard reduction measures,such as levees,may be repaired and maintained as necessary to protect legal uses on the landward side of such structures.Increases in height of an existing levee,with any associated increase in width,that may be needed to prevent a reduction in the authorized level of protection of existing legal structures and uses shall be considered an element of repair and maintenance. E. Flood hazard reduction measures shall not result in channelization of normal stream flows,interfere with natural hydraulic processes such as channel migration,or undermine existing structures or downstream banks. F. New development in shoreline jurisdiction,including the subdivision of land,shall not be permitted if it is reasonably foreseeable that the development or use would require structural flood hazard reduction measures within the channel migration zone or floodway. G. New public and private structural flood hazard reduction measures: 1. Shall be approved when a scientific and engineering analysis demonstrates the following: a. That they are necessary to protect existing development; b. That nonstructural measures,such as setbacks,land use controls,wetland restoration,dike removal, use or structure removal or relocation,biotechnical measures,and stormwater management programs are not feasible; c. That adverse effects upon adjacent properties will not result relative to increased floodwater depths and velocities during the base flood or other more frequent flood occurrences; d. That the ability of natural drainage ways to adequately drain floodwaters after a flooding event is not impaired; e. That the proposal has been coordinated through the appropriate diking district where applicable,and that potential adverse effects upon other affected diking districts have been documented;and f. That adverse impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss. 2. Shall be consistent with an approved comprehensive flood hazard management plan. 3. Shall be placed landward of associated wetlands and designated shoreline buffers,except for actions that increase ecological functions, such as wetland restoration,or when no other alternative location to reduce flood hazard to existing development is feasible as determined by the shoreline administrator. H. All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance,and repairs for the life of the project. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 54 Yakima Municipal Code Page 42/136 Chapter 17.05 GENERAL REGULATIONS I. New public structural flood hazard reduction measures,such as levees,shall dedicate and improve public access pathways unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems,unacceptable and unmitigable significant adverse ecological impacts, unavoidable conflict with the proposed use,or a cost that is disproportionate and unreasonable to the total long-term cost of the development.Setbacks of existing levees are not considered"new"structural flood hazard reduction measures for purposes of this regulation. J. In those instances where management of vegetation as required by this SMP conflicts with vegetation provisions included in state,federal or other flood hazard agency documents governing city-authorized,legal flood hazard reduction measures,the vegetation requirements of this SMP will not apply.However,the applicant shall submit documentation of these conflicting provisions with any shoreline permit applications,and shall comply with all other provisions of this section and this SMP that are not strictly prohibited by the approving flood hazard agency. K. The removal of gravel or other riverbed material for flood management purposes shall be consistent with YMC 17.07.050,Dredging and dredge material disposal,and be allowed only after a biological and geomorphological study shows that extraction has a long-term benefit to flood hazard reduction,does not result in a net loss of ecological functions,and is part of a comprehensive flood management solution. L. Roads shall be located outside the floodway,except necessary crossings which shall be placed perpendicular to the waterbody as much as is physically feasible.New transportation facilities shall be designed so that the effective base flood storage volume of the floodplain is not reduced.The applicant shall provide all necessary studies,reports and engineering analyses which shall be subject to review and modification by the city. If proposed transportation facilities effectively provide flood control,they shall comply with policies and regulations of this section. M. In recognition of the significant benefits of levee setbacks,maximum flexibility of this title,including Chapter 17.09 YMC,Critical Areas in Shoreline Jurisdiction,should be granted when existing structural flood hazard reduction measures are proposed for relocation landward of the existing flood hazard reduction measure. Existing public access or recreation facilities that need to be relocated to accommodate the relocated flood hazard reduction measure shall be allowed to be reconstructed in the floodway or channel migration zone provided they do not further limit channel migration or increase flood hazards. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 55 Yakima Municipal Code Page 43/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS Sections: 17.07.010 Agriculture. 17.07.020 Aquaculture. 17.07.030 Boating and private moorage facilities. 17.07.040 Commercial and service development. 17.07.050 Dredging and dredge material disposal. 17.07.060 Fill. 17.07.070 Industry. 17.07.080 In-water structures. 17.07.090 Mining. 17.07.100 Recreational development. 17.07.110 Residential development. 17.07.120 Shoreline habitat and natural systems enhancement projects. 17.07.130 Shoreline stabilization. 17.07.140 Signs. 17.07.150 Transportation and parking. 17.07.160 Utilities. 17.07.170 Redevelopment,repair,and maintenance. 17.07.010 Agriculture. A. For shoreline purposes, WAC 173-26-020(Definitions)and WAC 173-26-241(3)(a)(Agriculture)shall determine the need for shoreline review for agricultural activities. B. The provisions of this SMP do not limit or require modification of agricultural activities on agricultural lands as of the date of adoption of the SMP. C. SMP provisions shall apply in the following cases: 1. New agricultural activities on land not meeting the definition of agricultural land; 2. Expansion of agricultural activities on nonagricultural lands or conversion of nonagricultural lands to agricultural activities; 3. Conversion of agricultural lands to other uses; 4. Other development on agricultural land that does not meet the definition of agricultural activities;and 5. Agricultural development and uses not specifically exempted by the Act. D. Concentrated animal feeding operations(see definition in YMC 17.01.090)are prohibited in shoreline jurisdiction. E. New agricultural activities and facilities shall utilize best management practices established by the USDA Natural Resources Conservation Service or other similar agency. F. Development in support of agricultural uses shall be consistent with the environment designation intent and management policies,located and designed to assure no net loss of ecological functions,and shall not have a significant adverse impact on other shoreline resources and values. 17.07.020 Aquaculture. The following provisions apply to any development,construction,or use of land or water for aquacultural purposes within shoreline jurisdiction: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 56 Yakima Municipal Code Page 44/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS A. All structures located within waterbodies shall not preclude navigability of those waters at any time,and shall be clearly marked so as to provide no hazard to navigation on those waters. B. Aquaculture facilities shall be designed and located to avoid significant conflict with water-dependent uses, the spreading of disease,introduction of nonnative species,or impacts to shoreline aesthetic qualities. C. New aquaculture proposals shall comply with mitigation sequencing requirements as outlined in YMC 17.05.020(D),and with all other general standards in Chapter 17.05 YMC.Aquaculture activities that would have a significant adverse impact on natural,dynamic shoreline processes,or that would result in a net loss of shoreline ecological functions,shall be prohibited. D. Potential locations for aquaculture are relatively restricted due to specific requirements for water quality, temperature,flows,oxygen content,adjacent land uses,wind protection,and commercial navigation.The technology associated with some forms of present-day aquaculture is still in its formative stages and experimental. Therefore,some latitude in the development of this use should be given,while the potential impacts on existing uses and natural systems are recognized. E. Aquaculture that supports recovery of endangered or threatened fish species or supports public or community recreation is encouraged provided it is conducted within the bounds of subsections A through C of this section. 17.07.030 Boating and private moorage facilities. A. All boating facilities and residential moorage structures shall be the minimum size necessary to meet the needs of the use. B. New pier or dock construction,excluding docks accessory to single-family residences,must demonstrate that a specific need exists to support the intended water-dependent or public access use.Docks associated with single- family residences are defined as water-dependent uses provided they are designed and intended as a facility for access to watercraft. C. New residential development of two or more dwellings must provide joint-use or community dock facilities, when feasible,rather than allow individual docks for each residence. D. Docks,piers,and any other over-water structures for purposes of temporary or permanent boat moorage are prohibited in free-flowing streams and rivers. E. Public,commercial,industrial,or community residential boating facilities shall: 1. Comply with the health,safety and welfare standards of state and local agencies for such facilities; 2. Be so located and designed as not to obstruct or cause danger to normal public navigation of waterbodies, if applicable; 3. Be restricted to suitable locations; 4. Avoid or mitigate for aesthetic impacts; 5. Mitigate impacts to existing public access and navigation,if applicable; 6. Provide documentation of ownership or authorization to use associated water areas; 7. Demonstrate that state and local regulations will be met.Agencies responsible for such regulations shall be consulted as to the viability of the proposed design;and 8. Submit an operations and site plan demonstrating: a. Location and design of fuel handling and storage facilities to minimize accidental spillage and protect water quality; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 57 Yakima Municipal Code Page 45/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS b. Proper water depth and flushing action for any area considered for overnight or long-term moorage facilities; c. Adequate facilities to properly handle wastes from holding tanks; d. That boating facilities are located only at sites with suitable environmental conditions,shoreline configuration,and access;and e. Adequate access,parking,and restroom facilities for the public when required or appropriate.Such facilities should be located away from the immediate water's edge. F. Private Residential Docks. 1. Aspen Lake.The maximum length of docks is eight feet measured perpendicular from the OHWM,and no new dock may be situated directly across from an existing dock. 2. Willow Lake.The maximum length of docks is twelve feet measured perpendicular from the OHWM. G. Boat Launches. 1. Launch ramps shall be designed and constructed using methods/technology that have been recognized and approved by state and federal resource agencies as the best currently available,with consideration for site- specific conditions and the particular needs of that use.At a minimum,they shall minimize the obstruction of currents,alteration of sediment transport,and the accumulation of drift logs and debris. 2. New boat launch facilities shall be approved only if they provide public access to public waters that are not adequately served by existing access facilities,or if use of existing facilities is documented to exceed the designed capacity.Prior to providing boat launch facilities at a new location,documentation shall be provided demonstrating that expansion of existing launch facilities is not feasible or would not be adequate to meet a specific recreation or safety-related demand. 17.07.040 Commercial and service development. The following provisions apply to any development,construction,or use of land or water for commercial and community service purposes within shoreline jurisdiction: A. Water-dependent commercial development shall be given priority over nonwater-dependent commercial uses. Secondarily,water-related and water-oriented uses shall be given priority over nonwater-oriented commercial uses. B. 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. The use is part of a mixed-use project that includes water-dependent uses;or 3. Navigability is severely limited at the proposed site,and the use will provide a significant public benefit towards meeting SMA objectives,such as providing public access consistent with YMC 17.05.050 and ecological restoration;or 4. That a nonwater-oriented use is physically separated from the shoreline by either a public right-of-way or a separate parcel. C. Mixed-use buildings,as defined in YMC 17.03.070,may be allowed subject to compliance with all of the following criteria: 1. The project includes one or more water-dependent uses. 2. Water-dependent commercial uses as well as other water-oriented commercial uses have preferential locations along the shoreline. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 58 Yakima Municipal Code Page 46/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS 3. The underlying zoning district permits residential uses together with commercial uses. 4. Public access is provided for substantial numbers of persons in accordance with YMC 17.05.050 and ecological restoration is provided as a public benefit.The shoreline administrator shall interpret substantial numbers of persons consistent with the Act,SMP Guidelines,and shorelines hearings board cases. 5. Residential uses meet requirements of YMC 17.07.130. D. If required by YMC 17.05.050,commercial and community services uses shall be designed to facilitate public access to and enjoyment of nearby shoreline areas. E. Nonwater-oriented commercial uses shall not be allowed over water in any shoreline environment unless they are accessory to and support water-dependent uses. 17.07.050 Dredging and dredge material disposal. A. Siting and Design.New development shall be sited and designed to avoid or,if that is not possible,to minimize the need for new and maintenance dredging. B. Dredging and dredge material disposal shall be done in a manner which avoids or minimizes significant ecological impacts,and impacts which cannot be avoided shall be mitigated in a manner that assures no net loss of shoreline ecological functions. Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use. C. Dredging shall be permitted for the following activities when significant ecological impacts are minimized and when mitigation is provided: 1. Establishment,expansion,relocation or reconfiguration of navigation channels and basins where necessary for assuring safe and efficient accommodation of existing navigational uses. 2. Maintenance dredging of established navigation channels and basins,provided dredging is restricted to maintaining previously dredged and/or existing authorized location,depth,and width. 3. Development,expansion and maintenance of essential public facilities when there are no feasible alternatives. 4. Maintenance of irrigation reservoirs,drains,canals,or ditches for agricultural purposes. 5. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat. 6. Reduction of flood hazards. D. Dredging waterward of the ordinary high-water mark for the primary purpose of obtaining fill material shall not be allowed,except when the material is necessary for the restoration of ecological functions.When allowed,the site where the fill is to be placed must be located waterward of the ordinary high-water mark.The project must be either associated with a Model Toxics Control Act or Comprehensive Environmental Response,Compensation,and Liability Act habitat restoration project or,if approved through a shoreline conditional use permit,any other significant habitat enhancement project. E. Use of dredged material for the purpose of ecological restoration is encouraged. F. Disposal of dredge material on shorelands or wetlands within a river's channel migration zone is discouraged. In the limited instances where it is allowed,such disposal requires a shoreline conditional use permit.This provision is not intended to address discharge of dredge material into the flowing current of the river or in deep water within the channel where it does not substantially affect the geohydrologic character of the channel migration zone. G. Hydraulic dredging(see definition in YMC 17.01.090)or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 59 Yakima Municipal Code Page 47/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS H. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials. I. Dredge spoils are also considered fill,and shall not be deposited within Nie-ssireibina warerbody:except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat,natural drainage,or other naturally occurring conditions. J. The city may approve five-year management plans addressing maintenance dredging,use of best management practices,and other measures to assure no net loss of shoreline ecological functions. K. All applications for shoreline permits that include dredging shall supply a dredging plan that includes the following information: 1. The quantity of material to be removed. 2. The method of removal, 3. Location of spoil disposal sites and measures that will be taken to protect the environment around them. 4. Plans for the protection and restoration of the shoreline environment during and after dredging operations. L. A dredging operation judged by the administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a shoreline permit. 17.07.060 Fill. A. All fills shall be located,designed and constructed to protect shoreline ecological functions and ecosystem- wide processes,including channel migration. Any adverse impacts to shoreline ecological functions shall be mitigated. B. Permissible fill in sensitive areas,including fill within wetlands,floodways,channel migration zones,or waterward of the OHWM,shall only be permitted in limited instances for the following purposes and when other required state or federal permits have been obtained,with due consideration given to specific site conditions,and only along with approved shoreline use and development activities that are consistent with this SMP,such as: 1. Water-dependent uses,public access,and cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan; 2. Disposal of dredged material considered suitable under,and conducted in accordance with,the Dredged Material Management Program of the Department of Natural Resources and/or the Dredged Material Management Office of the U.S.Army Corps of Engineers(see YMC 17.07.050 of this SMP); 3. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline where alternatives to fill are infeasible; 4. Ecological restoration or enhancement when consistent with an approved restoration plan; 5. Maintenance or installation of flood hazard reduction measures consistent with a comprehensive flood hazard management plan and YMC 17.05.060,Flood hazard reduction; 6. Protection of cultural or historic resources when fill is the most feasible method to avoid continued degradation,disturbance or erosion of a site. Such fills must be coordinated with the Yakama Nation and comply with applicable provisions of YMC 17.05.010 of this SMP. All fills waterward of the OHWM not associated with ecological restoration,flood control or approved shoreline stabilization shall require a shoreline conditional use permit. C. Permissible Upland Fill.All other upland fill is permitted,provided it: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 60 Yakima Municipal Code Page 48/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS 1. Is conducted outside applicable buffers,unless specifically allowed in buffers; 2. Is part of an approved shoreline use or modification,or is necessary to provide protection to cultural or historic resources; 3. Is the minimum necessary to implement the approved use or modification; 4. Is planned to fit the topography so that minimum alterations of natural conditions will be necessary; 5. Does not adversely affect hydrologic conditions or increase the risk of slope failure;and 6. Is consistent with applicable provisions of Chapter 17.09 YMC,particularly regulations governing floodways and one-hundred-year floodplains. D. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the shoreline area. Other alternatives shall be preferred over fill to elevate new structures in the floodplain,such as use of pile or pier supports,posts,columns,other zero-rise methods,or increasing foundation height. E. Unless site characteristics dictate otherwise,fill material within pqudlie fish and wildlife habitat conservation areas rule -or wetlands shall be sand,gravel,rock,or other clean material obtained from a state-certified source,with a minimum potential to degrade water quality and meeting the specifications included in project plans approved by local,state and federal review agencies. F. Fill placement shall be scheduled at times having the least impact to fish spawning,nesting patterns,and other identified natural processes. G. Erosion Control.A temporary erosion and sediment control(TESC)plan,including BMPs,consistent with the Stormwater Management Manual for Eastern Washington,or the most recent adopted stormwater manual,shall be provided for all proposed fill and excavation activities,and approved by the shoreline administrator prior to commencement of activity.Disturbed areas shall be immediately protected from erosion using weed-free straw, mulches,hydroseed,or similar methods and revegetated,as applicable. H. Projects that propose fill shall make every effort to acquire fill onsite(also known as compensatory storage) where appropriate. I. Fill should not obstruct,cut off,or isolate sciatic ti:di:And wildlife knb tat conservation areasommilidrip441016 features. 17.07.070 Industry. The following provisions apply to any development,construction,or use of land for industrial purposes within shoreline jurisdiction: A. Water-dependent uses shall be given preference over nonwater-dependent uses. Water-oriented industrial uses shall be given preference over nonwater-oriented uses. B. Facilities and structures shall be designed and screened with vegetation to minimize degradation of shoreline aesthetic qualities. C. The location,design,and construction of industrial uses and redevelopment are required to demonstrate no net loss of ecological functions and that significant adverse impacts to other shoreline resources and values are avoided. Industries which have proven to be environmentally hazardous are prohibited from locating along the shorelines provided such industries may be allowed consistent with the Shoreline Use and Modification Matrix(Table 03.070- 1)if a hazard mitigation plan is approved by the shoreline administrator upon a finding that the plan would adequately mitigate hazards and provide for no net loss of ecological function. If the plan is found insufficient for protection of the shoreline environment,the shoreline administrator may require a third-party review of the hazard mitigation plan at the applicant's expense. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 61 Yakima Municipal Code Page 49/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS D. New industrial uses and redevelopment of industrial uses shall provide for environmental cleanup and restoration in degraded or contaminated locations. E. Application for new industrial activities shall demonstrate either: 1. How the use qualifies as a water-oriented use and how facilities function as such;or 2. That a nonwater-oriented use is part of a mixed-use development that includes a water-dependent use;or 3. Navigability is severely limited at the proposed site and the use will provide a significant public benefit towards meeting SMA objectives,such as providing public access and ecological restoration;or 4. That a nonwater-oriented use is physically separated from the shoreline by either a public right-of-way or a separate parcel. F. New or expanded industrial developments shall be required to make adequate provisions for public and private visual and physical shoreline access unless such a requirement would interfere with operations or create hazards to life or property or another exception is met consistent with YMC 17.05.050. 17.07.080 In-water structures. A. Prohibited and Allowed Projects.Projects that damage fish and wildlife resources,degrade recreation and aesthetic resources,result in a net loss of ecological functions,or result in high flood stages and velocities are prohibited. Structures waterward of the ordinary high-water mark allowed only for water-dependent uses,public access,shoreline stabilization,or other specific public purpose. B. Soil Stabilization.Upland cut-and-fill slopes and back-filled areas resulting from installation of in-water structures shall be stabilized with bioengineering approaches, including but not limited to brush matting and buffer strips and revegetated with native grasses,shrubs,or trees to prevent loss of shoreline ecological functions and processes. In order to ensure soil stabilization,revegetation must include native shrubs or trees and may not be limited to native grasses. C. Water Quality. In-water structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters.The city shall require conditions to achieve this objective. D. Prohibited Structures.In-water structures may not utilize components other than those designed expressly for the approved in-water use. E. Natural Features.Natural in-water features,such as snags,uprooted trees,or stumps,shall be left in place unless it can be demonstrated that they are actually causing bank erosion or higher flood stages or pose a hazard to navigation or human safety. F. Protect Functions,Processes and Cultural Resources.In-water structures shall provide for the protection and preservation of ecosystem-wide processes,ecological functions,and cultural resources,including,but not limited to, fish and fish passage,wildlife and water resources,shoreline critical areas,hydrogeological processes,and natural scenic vistas.The location and planning of in-water structures shall give due consideration to the full range of public interests,watershed functions and processes,and environmental concerns,with special emphasis on protecting and restoring priority habitats and species. G. Design. In-water structures shall be designed by a qualified professional as determined by the shoreline administrator.In-water structures shall preserve valuable recreation resources and aesthetic values such as point and channel bars, islands,and braided channels.In-water structures shall not be a safety hazard or obstruct water navigation as determined by the shoreline administrator. H. Permits.Construction of in-water structures may not commence without having obtained all applicable federal,state,and local permits and approvals. I. Public Access.Design of in-water structures by public entities,including the city,other local governments, state and federal agencies,and public utility districts,shall include access to public shorelines whenever possible, The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 62 Yakima Municipal Code Page 50/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS unless it is demonstrated that public access would cause unavoidable public health and safety hazards,security problems,unmitigatable ecological impacts,unavoidable conflicts with proposed uses,or unreasonable cost.At a minimum,in-water structures should not decrease public access or use potential of shorelines. 17.07.090 Mining. The following provisions shall apply to commercial mining within shoreline jurisdiction.Processing and other activities that occur off-site or after active mineral extraction has concluded on-site are also regulated as an industrial use(see YMC 17.07.070): A. Prior to the authorization of a commercial mining operation,the project proponent shall provide maps to scale which illustrate the following: 1. The extent to which excavation and processing will affect or modify existing fish and wildlife habitat conservation are ,including existing riparian vegetation; 2. The location,extent and size in acreage of any pond,lake,or feature that will be created as a result of mining excavation; 3. The description, location,and extent of any proposed subsequent use that would be different than existing uses. B. The operations and any subsequent use or uses shall not cause permanent impairment or loss of critical area functions and values ..Mitigation shall be provided consistent with YMC 17.09.010(1), 17.09.030(P) or 17.09.040(F .F'-d }..��'�- ..,.,,.o.,�o„, ,,-. �'•�'..� �• wetland which-shall be snit:gated.uoo ding to„uklanee n-the Was►ingten ctu o Oe..a..tn ent of Eco1egyls 1 'nannd- at.. n..rtr i an 2 rMfwGa ) C. Except where authorized by the city in consultation with the State Department of Fish and Wildlife and Department of Ecology,the following shall apply: 1. The excavation zone shall be located a minimum of one hundred feet upland from the ordinary high water mark(OHWM)of the sffeam--ohannelwaterbodv. 2. Equipment shall not be operated,stored,refueled,or provided maintenance within one hundred feet of the OHWM. 3. Washing,crushing,screening,or stockpiling of mined materials shall not occur within one hundred feet of the OHWM. D. Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine Reclamation standards(Chapter 332-18 WAC,Chapter 78.44 RCW). E. Additional Shoreline Standards for Industrial Mining. 1. Applicants shall submit a mining and reclamation plan to the shoreline administrator describing the proposed site,quantity of material to be removed,method of removal,and measures that will be taken to protect lakes and streams from siltation and sedimentation.A surface mining plan or a reclamation plan judged by the shoreline administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a shoreline permit. 2. Mining stockpiles shall be sited in such a manner so as to avoid damage or loss resulting from flooding. 3. New mining and associated activities shall assure that proposed subsequent use of the mined property is consistent with the provisions of the environment designation and that reclamation of disturbed shoreline areas provides appropriate ecological functions consistent with the setting. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 63 Yakima Municipal Code Page 51/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS 17.07.100 Recreational development. The following provisions apply to any development,construction,or use of land or water for recreational purposes within shoreline jurisdiction,whether public or commercial: A. Recreational activities must be compatible with existing or proposed uses in the area and must not create a noise,traffic,visual or similar problem. B. The location,design,and operation of recreational facilities shall be consistent with the purpose of the environmental designation. C. Recreational uses and facilities located within shoreline jurisdiction shall include features that relate to access, enjoyment and use of the water and shorelines of the state.Access to recreational areas should emphasize both consolidated park or open space areas and trail access.Linkage of shoreline parks and public access points by means of linear access should be encouraged. D. Different uses within a specific recreational facility must be compatible with each other. E. Commercial components of the use that are not explicitly related to the recreational operation must also conform to the commercial use standards of YMC 17.07.040(Commercial and service development). F. Recreational development shall demonstrate achievement of no net loss of ecological functions. G. Applicants may apply for a multiyear recreation maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170. 17.07.110 Residential development. The following provisions apply to any development,construction,or use of land for residential purposes within shoreline jurisdiction: A. New multiunit development,plats or subdivisions containing land adjacent to publicly owned or controlled bodies of water shall allow for pedestrian access to such waterbodies for residents and the public consistent with YMC 17.05.050. 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 shall demonstrate adequate protection of vegetation and avoidance of soil erosion.If the plan is found insufficient for protection of the shoreline environment the shoreline administrator may require a third-party review at the applicant's expense. C. Applications for new shoreline residences shall ensure that shoreline stabilization and flood control structures are not necessary to protect proposed residences.A geotechnical analysis(see definition in YMC 17.01.090)shall be provided to demonstrate that such structures are unnecessary to protect proposed residences;this study may be waived by the shoreline administrator if a study or information provided by the USACE,FEMA,Ecology,or other agency exists and provides sufficient information to conclude that shoreline stabilization and flood control structures are not necessary. D. New floating residences and over-water residential structures shall be prohibited in shoreline jurisdiction. E. Private lake owners or homeowners' associations may apply for a multiyear residential maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170. F. Single-family residences identified as a priority use only when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. 17.07.120 Shoreline habitat and natural systems enhancement projects. A. Applicability. Shoreline habitat and natural systems enhancement projects include those activities proposed and conducted specifically for the purpose of establishing,restoring or enhancing habitat for priority species in shorelines. Such projects may include shoreline modification actions such as modification of vegetation,removal of nonnative or invasive plants,shoreline stabilization,dredging,and filling;provided,that the primary purpose of such The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 64 Yakima Municipal Code Page 52/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS actions is clearly restoration of the natural character and ecological functions of the shoreline.This section does not apply to mitigation. B. Approved Plan.Restoration and enhancement shall be carried out in accordance with an approved shoreline restoration plan. C. Protect Adjacent Resources.All shoreline restoration and enhancement projects shall protect the integrity of adjacent natural resources,including aquatic habitats and water quality. D. Maintenance and Monitoring. Long-term maintenance and monitoring(minimum of three years,but preferably longer)shall be arranged by the project applicant and included in restoration or enhancement proposals. E. Adverse Effects.Shoreline restoration and enhancement may be allowed if the project applicant demonstrates that no significant adverse changes to sediment transport or river current will result and that the enhancement will not adversely affect ecological processes,properties,or habitat. F. Use of Best Information and BMPs. Shoreline restoration and enhancement projects shall be designed using the besi-awilablernos.1 etirreni,31u41,1r3I ouinpkig scientific and technical information,and implemented using best management practices. G. Public Use of Waters and Lands.Shoreline restoration and enhancement shall not interfere with lands or waters dedicated specifically for public use,as determined by the shoreline administrator,without appropriate mitigation.For projects on state-owned aquatic lands,project proponents must coordinate with the Washington Department of Natural Resources to ensure the project will be appropriately located prior to the solicitation of permits from regulatory agencies. H. Relief for OHWM Shifts.Applicants seeking to perform restoration projects are advised to work with the city to assess whether and how the proposed project is allowed relief under RCW 90.58.580 and W AC_l2 '-?:5,in the event that the project shifts the OHWM landward. 17.07.130 Shoreline stabilization. A. Shoreline stabilization projects shall be allowed only where there is evidence of erosion which clearly represents a threat to existing property,structures,uses or facilities,and which stabilization will not jeopardize other upstream or downstream properties.A geotechnical analysis must estimate time frames and rates of erosion and report on the urgency associated with the specific situation.New hard shoreline stabilization solutions to protect primary structures shall not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such measures, or where waiting until the need is that immediate would foreclose the opportunity to use measures that avoid impacts on ecological functions.Thus,where the geotechnical report confirms a need to prevent potential damage to a primary structure,but the need is not as immediate as the three years,that report may still be used to justify more immediate authorization to protect against erosion using soft measures. B. New development shall be located and designed to avoid the need for future shoreline stabilization to the extent feasible. Subdivision of land must be regulated to assure that the lots created will not require shoreline stabilization in order for reasonable development to occur using geotechnical analysis of the site and shoreline characteristics. C. Stabilization projects shall be developed under the supervision of,or in consultation with,agencies or professionals with appropriate expertise. D. Stabilization projects shall be limited in size to the minimum protective measures necessary,and shall use measures designed to assure no net loss of shoreline ecological functions and avoidance and minimization of impacts to sediment transport processes.Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures,dwellings,and businesses. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 65 Yakima Municipal Code Page 53/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS E. The use of fill to restore lost land may accompany stabilization work,provided the resultant shore does not extend beyond the original ordinary high water mark,finished grades are consistent with abutting properties,a restoration plan is approved for the area,and the fill material is in compliance with YMC 17.07.060(Fill). F. Stabilization projects shall use design,material,and construction alternatives that do not require high or continuous maintenance and which prevent or minimize the need for subsequent stabilization to other segments of the shore.Junk car bodies and other unsuitable debris are not to be used in shore stabilization projects. G. Shoreline stabilization measures shall be designed,located,and constructed in such a manner as to minimize the disruption of natural channel characteristics. H. Required geotechnical reports shall meet the provisions of the definition provided in YMC 17.01.090. I. Demonstration of Necessity.New structural shoreline stabilization measures shall not be allowed except when necessity is demonstrated in the following manner: 1. New or enlarged structural stabilization measures to protect an existing primary structure,including residences,shall not be allowed unless there is conclusive evidence,documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by currents or waves.Normal sloughing,erosion of steep bluffs,or shoreline erosion itself,without a scientific or geotechnical analysis,is not demonstration of need.The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shore stabilization. 2. Erosion control structures in support of new nonwater-dependent development,including single-family residences,when all of the conditions below apply: a. The erosion is not being caused by upland conditions,such as the loss of vegetation and drainage. b. Nonstructural measures,such as placing the development farther from the shoreline,planting vegetation,or installing on-site drainage improvements,are not feasible or not sufficient. c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report.The damage must be caused by natural processes,such as currents and waves. 3. Erosion control structures in support of water-dependent development when all of the conditions below apply: a. The erosion is not being caused by upland conditions,such as the loss of vegetation and drainage. b. Nonstructural measures,planting vegetation,or installing on-site drainage improvements,are not feasible or not sufficient. c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. 4. Erosion control structures to protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to the Model Toxics Control Act(Chapter 70.105D RCW)shall not be allowed unless there is conclusive evidence,documented by a geotechnical analysis,that demonstrates that nonstructural measures such as planting vegetation,or installing on-site drainage improvements,is not feasible or not sufficient. J. An existing shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion.For purposes of this section,"replacement"means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose.Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 66 Yakima Municipal Code Page 54/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS K. Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992,and there are overriding safety or environmental concerns.In such cases,the replacement structure shall abut the existing shore stabilization structure. L. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark.. 17.07.140 Signs. A. Outdoor advertising signs must conform to size,spacing and lighting provisions of the Washington State Scenic Vistas Act of 1971,where applicable. B. Signs shall meet applicable city municipal code requirements regarding size,location,lighting,and other relevant performance standards. C. Proposals for signage shall submit plans for signage at the time of application for shoreline permits,including shoreline exemptions. D. The shoreline administrator may condition signage regarding size,illumination,and placement,to ensure that signage is compatible with adjacent shoreline environments and does not: 1. Significantly(see definition in YMC 17.01.090)obstruct visual access to the water from public lands or a substantial number of residences per YMC 17.03.080,Development standards,and shorelines hearings board case law;or 2. Impair scenic vistas to the Yakima Greenway or Naches River or associated lakes;or 3. Impair driver vision such as due to lines of sight,type or frequency of lighting,or other feature that has the potential to result in safety concerns. 17.07.150 Transportation and parking. The following provisions shall apply to the location and construction of roads;railroads;bridges;water crossings; pedestrian,bicycle,and public transportation;and parking within shorelines,where appropriate: A. Transportation and parking activities consistent with exemptions in YMC 17.13.050 are exempt from the requirement to obtain a shoreline substantial development permit,but shall meet applicable provisions of this master program.Applicants may apply for a multiyear transportation maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170. B. New or expanded transportation and parking facilities must be designed and located where they will have the least possible adverse effect on unique or fragile shoreline features,will not result in a net loss of shoreline ecological functions,and will not adversely impact existing or planned water-dependent uses. C. New or expanded roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor,or where existing development,topography,and other conditions preclude locations outside the stream corridor.Applications for new or expanded roads and railroads shall demonstrate through engineering studies that a shoreline location is the most feasible of the available options. 1. Construction of roadways or railroads across stream corridors shall be by the most direct route possible having the least impact to the stream corridor. 2. Roadways or railroads that must run parallel to stream or wetland edges shall be along routes having the greatest possible distance from stream or wetland and the least impact to the corridor. 3. Roadways or railroads within the stream corridor shall not hydrologically obstruct,cut off or isolate stream corridor features. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 67 Yakima Municipal Code Page 55/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS 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 if it contains material unsuited to the current construction project.Spoil,construction waste,and other debris shall not be used as road fill or buried within the stream corridor. E. Bridges,water-crossing structures,or necessary fill to elevate roadways shall not constrict the stream channel; impede the normal flow of floodwaters,sediment,and woody debris;or cause displacement that would increase the elevation of floodwaters such that it would cause properties not in the floodplain to be flood-prone. F. Natural stream channels and drainage ways shall be preserved through the use of bridges for crossings,unless the use of culverts is demonstrated to be the only technically feasible means for crossing.The use of bridges shall be the preferred means to preserve natural streams and drainageways. Where bridges are not feasible,large,natural bottom culverts;multi-plate pipes;and bottomless arches shall be used,and shall be designed consistent with the latest guidance from the Washington Department of Fish and Wildlife. idzesilr;kl�I,� a�dtiVi }uHHi# i....g.m uryM I7 PIG. Parking.The standards in this section only apply to new or expanded uses within shoreline jurisdiction. 1. Parking facilities in shorelines are not a preferred use and shall be allowed only as necessary to support an authorized use consistent with the use matrix and definitions in YMC 17.03.070 and 17.01.090,respectively, 2. Parking areas shall be located upland of the areas they serve,unless; a. A location waterward is required to meet Americans with Disabilities Act requirements,or b. No other feasible location upland of the area served is possible due to topographical or other physical constraints. c. In the above cases in subsections(H)(2)(a)and(H)(2)(b)of this section,parking shall be located as far upland from the OHWM as feasible,recognizing the limited supply of shoreline areas. 3. Proposals for new or expanded parking facilities shall minimize environmental and visual impacts of parking facilities through compliance with Chapter 17.05 YMC,General Regulations,Chapter 17.09 YMC, Critical Areas in Shoreline Jurisdiction,and applicable city zoning standards addressing lighting and landscaping. 17.07.160 Utilities. The following provisions shall apply to the location,construction,or installation of utility transmission lines and facilities(such as those for wastewater,water,communication,natural gas,etc.)within shoreline jurisdiction: A. Utilities activities consistent with exemptions in YMC 17.13.050 are exempt from the requirement to obtain a shoreline substantial development permit,but shall meet applicable provisions of this master program.Applicants may apply for a multiyear utilities maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170. B. New or expanded nonwater-oriented utility production and processing facilities,such as power plants and sewage treatment plants,or parts of those facilities that are nonwater-oriented,shall not be allowed in shoreline jurisdiction unless it can be demonstrated that: 1. No other feasible option is available;or 2. The new location is necessary due to channel migration or levee setback;or 3. The facilities are being added or improved to meet federal or state mandates. C. Utility transmission lines and facilities shall be permitted within the stream corridor only where it is necessary to cross the corridor or where existing development,topography,and other conditions preclude locations outside the The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 68 Yakima Municipal Code Page 56/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION • REGULATIONS stream corridor.For example,lines and facilities that are essential public facilities(e.g.,regional sewer facilities) that must cross the stream are permitted. 1. Utility transmission lines and facilities across stream corridors shall be by the most direct route possible having the least impact to the stream corridor. 2. The construction of utility transmission lines and facilities within a stream corridor shall be designed and located to ensure minimum disruption to the functional properties specified under YMC 17.09.030. D. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor. E. Buried utility transmission lines crossing a stream corridor shall be buried a sufficient depth below the bankfull depth of the waterway,associated floodway and floodplain to the maximum extent of potential channel migration as determined by hydrologic analysis. F. Preference shall be given to utility systems contained within the footprint of an existing right-of-way or utility easement over new locations for utility systems.Wherever possible,new aboveground installations shall use available,existing bridge and utility locations and stream corridor crossings as opposed to creating new locations and stream corridor crossings. G. Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is practical. H. Transmission support structures shall be located clear of high flood velocities,located in areas of minimum flood depth which require the least floodproofing,and shall be adequately floodproofed. I. Underground utility transmission lines shall be constructed so they do not alter,intercept or dewater groundwater patterns that support streams,wetlands and hyporheic flow. Win;,Effect-t;; Flood-he s. �1. Utility services to individual projects undergoing shoreline review,including those where the primary use may be in a different shoreline environment than the utility service,shall not require separate substantial development permits for utility service installations,but are subject to all of the provisions in this section,except those listed below.Utility service to projects outside shoreline jurisdiction is subject to normal shoreline permitting, and is subject to all of the provisions in this section,except those listed below. 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 and achieve no net loss of ecological function to shoreline resources as much as possible. 4. The presence of existing utilities shall not justify more intense development beyond levels planned in the comprehensive plan or zoning. 5. Permit applications shall meet the following submittal review standards: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020 DOC INDEX# B-1 69 Yakima Municipal Code Page 57/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS a. Applications shall submit studies(social,economic,environmental,engineering,etc.)to demonstrate that a shoreline location is the most feasible of the available options. b. Applications to locate transmission lines shall submit a location plan that shows existing utility routes in the vicinity of the proposed transmission line.Failure of utility lines to follow existing routes, where feasible,shall cause denial of the application. c. Applications shall include a reclamation plan that provides for revegetation and protection of shoreline areas from erosion and siltation.A revegetation or erosion protection plan shall demonstrate adequate protection of vegetation and avoidance of soil erosion.If the plan is found insufficient for protection of the shoreline environment,the shoreline administrator may require a third-party review at the applicant's expense. 17.07.170 Redevelopment,repair,and maintenance. This section addresses how regulations apply to redevelopment,repair,or maintenance activities;clarifies how SMP standards proportionally apply to redevelopment activities;and provides a process for multiyear 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 YMC 17.01.090,is exempt from a shoreline substantial development permit,but not the standards of the SMP. C. Consistent with the applicability provisions of YMC 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 YMC 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 multiyear programmatic shoreline exemptions consistent with specific exempt activities allowed in YMC 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 multiyear 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; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 70 Yakima Municipal Code Page 58/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS 3. Length of requested multiyear maintenance plan.Multiyear maintenance approval should not exceed five years,except where expressly allowed in this master program; 4. Specification of which activities the applicant will regularly notice the city or which do not require advanced notice; 5. Description of aquatic habitat protection measures and any applicable permits received for that work; 6. Description of riparian and wetland protection measures and any applicable permits received for that work; 7. Description of stormwater management practices to reduce 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 revegetation or restoration activities following maintenance or repair; 10. Description of chemical and nutrient use and containment practices such as Integrated Pest Management (IPM);and 11. Description of compliance with use-specific criteria in subsections F to J of this section. F. Dredging.Applications for dredging maintenance plans shall demonstrate compliance with regulations in YMC 17.07.050. G. Private Development and Facilities on Private Lakes. 1. A multiyear 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 this chapter shall be demonstrated to be met by applications for multiyear maintenance plans. H. Public Parks and Recreation. 1. A multiyear 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 in subsections(E)(3)to(E)(9)of this section,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 YMC 17.07.100. I. Transportation Facilities.Applications for transportation maintenance plans shall demonstrate compliance with regulations in YMC 17.07.150. J. Utility Facilities.Applications for utility maintenance plans shall demonstrate compliance with regulations in YMC 17.07.160. K. City Authorization of Multiyear Programmatic Maintenance Plans. 1. The city may approve multiyear programmatic maintenance plans that solely contain exempt activities consistent with the interpretation process of YMC 17.13.020,when consistent with the following criteria: a. The policies and procedures of the SMA; b. The provisions of Chapter 173-27 WAC; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 71 Yakima Municipal Code Page 59/136 Chapter 17.07 USE-SPECIFIC AND MODIFICATION REGULATIONS c. Chapter 10,Section 3 of the City of Yakima Comprehensive Plan;and d. This title. 2. The city may approve multiyear programmatic maintenance plans that include a combination of exempt and nonexempt activities.The permit process shall follow the permit process consistent with nonexempt activities pursuant to YMC 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 YMC,e.g.,shoreline substantial development permit or shoreline conditional use permit. 3. The city may attach conditions to the approval of multiyear 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. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 72 Yakima Municipal Code Page 60/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION Sections: 17.09.010 General provisions. 17.09.020 Flood hazard areas. 17.09.030 Fish and wildlife habitat conservation areas. 17.09.040 Wetlands. 17.09.050 Geologically hazardous areas. 17.09.060 Critical aquifer recharge areas. 17.09.010 General provisions. A. Purpose of Chapter.The purpose of this chapter is to establish a single,uniform system of procedures and standards for development within designated critical areas within the shoreline jurisdiction of the incorporated city of Yakima. B. Intent of Chapter.This chapter establishes policies,standards,and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (Chapter 36.70A RCW)and development regulated under the National Flood Insurance Program. Flocid 1t* n2J arras, fir and tiv1l. life ha#ila1 core a alioq areas, wrilands,Renloko al ;r nm , i •6,re ;areas with a critical recharging effect on aquifers used for potable water,fish and wikillir a .reiFW-rmrl-gerr3iiui ill IllitairikmitHirefig constitute the city of Yakima's critical areas pursuant to WAC 365-190-030.These areas are of special concern to the people of the city of Yakima and the state of Washington because they are environmentally sensitive lands,or hazardous areas,which comprise an important part of the state's natural resource base.The policies,standards,and procedures of this chapter are intended to: 1. Preserve development options within designated critical areas where such development will result in"no net loss"of the functions and values of the critical areas; 2. Where appropriate,avoid uses and development which are incompatible with critical areas; 3. Prevent further degradation of critical areas; 4. Conserve and protect essential or important natural resources; 5. Protect the public health,safety,and general welfare; 6. Further the goals and policies of the Yakima Urban Area Comprehensive Plan 2040; 7. Implement the goals and requirements of the Washington Growth Management Act(Chapter 36.70A RCW),the Shoreline Management Act(Chapter 90.58 RCW),and the National Flood Insurance Program(CFR Title 42); 8. Recognize and protect private property rights;and 9. Provide development options for landowners of all existing lots to the greatest extent possible. C. The policies,standards and procedures of this chapter are not intended to: 1. Regulate the operation and maintenance of existing,legally established uses and structures,including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of this chapter; 2. Result in an unconstitutional regulatory taking of private property; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 73 Yakima Municipal Code Page 61/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 3. Require the restoration of degraded critical areas for properties in a degraded condition prior to the effective date of this chapter unless improvement of the buffer is needed for new development proposed on the property; 4. Presume that regulatory tools are the only mechanism for protection;and 5. Prohibit the use of valid water rights. D. Applicability.The provisions of this chapter shall apply to any new development,construction,or use within the incorporated portion of the city of Yakima's shoreline jurisdiction that is designated as a critical areaen- auy-4anf ietion-that--is-rqappei-and-des+gaaw as-a-special-- hazard nde-the- Natioonel rl„„a.Insurance Program However,this chapter does not apply to the situations below,except that the flea _ 11-uentioue-te-appty-as-de1erm ne'{b,.YMC 17 AA A2Af A through(G): 1. Within designated critical areas,there may exist lots,structures,and/or uses which were lawfully established prior to the adoption of this chapter,as provided below,but which would be subsequently prohibited,regulated,or restricted under this chapter. Such existing lots,structures,and/or uses shall be classified as legally nonconforming uses. 2. It is the intent of this chapter to permit these preexisting legally nonconforming uses and structures to continue until such time as conformity is possible: a. Minor,temporary,or transient activities(including those of a recreational nature)that do not alter the environment or require a dedicated staging area,use area,or route(including temporary signs)are not subject to this chapter; b. Mining,as defined in YMC 17.01.090,as carried out under a Washington Department of Natural Resources reclamation permit,is not subject to the geologically hazardous areas provisions of this chapter for erosion hazard areas,over-steepened slope hazard areas, landslide hazard areas and suspected geologic hazard areas.Other critical areas provisions continue to apply. E. Critical Area Development Authorization Required. 1. No new development,construction or use shall occur within a designated critical area without obtaining a development authorization in accordance with the provisions of this chapter,except for those provided for in subsection H of this section or YMC 17.13.050. 2. With respect to application and review procedures,it is the intent of this chapter to streamline and coordinate development authorization within a critical area and recognize other requirements by local,state and/or federal permits or authorizations.Development,construction or use occurring within a designated critical area shall be processed according to the provisions of this chapter,unless determined to be exempt. 3. Approval of a development authorization under this chapter shall be in addition to and not a substitute for any other development permit or authorization required by the city of Yakima.Approval of a development authorization under this chapter shall not be interpreted as an approval of any other permit or authorization required of a development,construction or use. 4. Development authorizations shall be issued in accordance with this chapter,the Shoreline Management Act,and permit procedures of Chapter 173-27 WAC. 5. Coordination with Other Jurisdictions. a. Where all or a portion of a standard development project site is within a designated critical area and the project is subject to another local,state or federal development permit or authorization,the shoreline administrator shall determine whether the provisions of this chapter can be processed in conjunction with a local,state or federal development permit or authorization.The decision of the shoreline administrator shall be based upon the following criteria: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 74 Yakima Municipal Code Page 62/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION i. The nature and scope of the project and the critical area features involved or potentially impacted; ii. The purpose or objective of the permit or authorization and its relationship to protection of the critical area; iii. The feasibility of coordinating the critical area development authorization with other permitting agency; iv. The timing of the permit or authorization. b. If a determination has been made that provisions of this chapter can be handled in conjunction with another applicable development permit or authorization process,the shoreline administrator will not accept the development authorization and/or permits in place of a shoreline permit or critical area development authorization.Project proponents may be required to provide additional site plans,data and other information necessary as part of that process to ensure compliance with this chapter.The shoreline administrator's decision on the critical area development authorization shall be coordinated to coincide with other permits and authorizations. INQUIRY AND EARLY ASSISTANCE F. Critical Area Identification Form and Critical Area Report Requirements. 1. Prior to the review of any applicable proposed development,construction or use,the applicant shall provide the city with a critical areas identification form and site plan and any other information the city may require to determine if a critical area is present. 2. Upon receipt of a critical area identification form and site plan,the shoreline administrator or designee may conduct a site examination to review critical area conditions.The shoreline administrator or designee shall notify the property owner of the site examination prior to the site visit.Reasonable access to the site shall be provided by the property owner. 3. The shoreline administrator or designee shall review the available information pertaining to the proposal and make a determination whether any critical areas may be affected.If so,a more detailed critical area report shall be submitted in conformance with subsections P and Q of this section,except as provided below: a. No Critical Areas Present.If the shoreline administrator or designee is able to sufficiently determine a critical area does not exist within or adjacent to the project area and/or a critical area report is not required. b. Critical Areas Present,But No Impact. If the shoreline administrator or designee is able to determine the existence,location and type of critical area and the project area is not within the critical area and/or the project will not have an indirect impact on the function of an adjacent wetland. c. Critical Areas May Be Affected by a Proposal.The shoreline administrator or designee may waive the requirement for a critical areas report utilizing the technical expertise of other reviewing agencies if: i. The shoreline administrator is sufficiently able to determine the existence,location and type of the critical area; ii. The project scale or nature is such that a specialist is not necessary to identify impacts and mitigation;and iii. The applicant agrees to provide mitigation the shoreline administrator deems adequate to mitigate for anticipated impacts. 4. Reports will generally fall into the following groups: a. Determining the absence of a critical area; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 75 Yakima Municipal Code Page 63/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION b. Determining the existence, location and type of a critical area; c. Determining impacts of an encroachment on a critical area and general mitigation measures;and d. Developing a compensatory mitigation plan. G. Preapplication Conference.Any new development or use falling under the provisions of this chapter may be subject to a preapplication conference.Prior to the preapplication conference,the project proponent must submit a critical area identification form and preliminary site plan. ieFdieffi-Fe34ew-lc;r-land-Iww.rxlsssiil1 1t Imo„ ;:;e-p rlie 1i c arini f YMC r7.[10-1- 4 Flood h..z..rd ..v 2. The preapplication conference is intended to allow the shoreline administrator or designee to: al. Establish the scope of the project and identify potential concerns that may arise; 152. Identify permits,exemptions,and authorizations,which the project proponent may need to obtain; e3. Determine whether the project will be processed through the development procedures of this chapter or coordinated with the review procedures of another development permit or authorization; d4. Provide the proponent with resources and technical assistance(such as maps,scientific information, other source materials,etc.);and e5. Determine whether there is a need for a preliminary site assessment. ABBREVIATED REVIEW ALTERNATIVES H. Minor Activities Allowed Without a Critical Areas Permit.The project may require a shoreline permit or shoreline exemption under other provisions of this title.This chapter shall be inapplicable to the following actions: 1. Maintenance of existing,lawfully established areas of crop vegetation,landscaping,paths,and trails or gardens within a regulated critical area or its buffer.Examples include:mowing lawns,weeding,garden crops, pruning,and planting of noninvasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas; 2. Minor maintenance and/or repair of structures that do not involve additional construction,earthwork or clearing.Examples include painting,trim or facing replacement,re-roofing,etc.Cleaning,operation and maintenance of canals,ditches,drains,waste ways,etc., is not considered additional earthwork,as long as the cleared materials are placed outside the stream corridor,wetlands,and buffers; 3. Low impact activities such as hiking,canoeing,viewing,nature study,photography,hunting,fishing, education or scientific research; 4. Creation of private trails that do not cross streams or wetlands that are less than two feet wide and do not involve placement of fill or grubbing of vegetation; 5. Maintenance and normal work of the Greenway pathway and grounds; 6. Planting of native vegetation; 7. Noxious weed control outside vegetative buffers identified in YMC 17.09.030(0)and 17.09.040(E);and 8. Noxious weed control within vegetative buffers,if the criteria listed below are met. Control methods not meeting these criteria may still apply for a restoration exemption,or other authorization as applicable: a. Hand removal/spraying of individual plants or other acceptable method approved by the administrative official; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 76 Yakima Municipal Code Page 64/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION b. No area-wide vegetation removal/grubbing. k, Mitigation Requirements. 1. All mitigation shall be sufficient to maintain the functions and values of the critical area; 2. All development shall demonstrate that reasonable efforts have been examined to avoid and minimize impacts to critical areas; 3. When an alteration to a critical area is proposed,it shall be avoided,minimized,or mitigated for as specified in YMC 17.05.020(D); 4. If an alteration to a critical area is unavoidable,all adverse impacts to that critical area and its buffers shall be mitigated for in accordance with an approved mitigation plan and mitigation for wetland impacts shall be mitigated in accordance with the Washington State Department of Ecology Wetland Mitigation in Washington State,Parts 1 and 2(Axil 2021 slid March 2006 or as updated);and 5. Mitigation shall be in kind and on site,whenever possible,and may be out of kind and/or off site when deemed appropriate by the shoreline administrator or designee. REVIEW PROCESS J. Application Submittal. 1. Applications for development authorizations under this chapter shall be made on forms provided by the department.Application submittals shall include a site plan drawn to an engineering scale of 1:20 showing: a. Dimensions of all sides of the parcel; b. Size and location of existing and proposed structures; c. Excavation,fill,drainage facilities,impervious surfaces,topography,slope; d. Other information as needed to determine the nature and scope of the proposed development;and e. Location of all critical areas. 2. The submittal shall also include all required critical areas reports prepared in conformance with subsections P and Q of this section. 3. To be complete,a critical area development authorization application must include all maps,drawings and other information or data specified by this chapter or requested on the basis of the preapplication conference(subsection G of this section). K. Determination of Review Process. 1. The shoreline administrator or designee shall determine from the application submittal and other available information what type of permit(s)and/or review(s)will be required under this chapter. 2. Specific information of permit type,review and process can be found in subsequent sections of this chapter and in Chapter 17.13 YMC. L. Development Authorization—Review Procedure.Upon submittal and acceptance of a completed development authorization application,the shoreline administrator or designee shall process and review the application as follows ` 1•7•.;K7r •clrnN rial.k+w-igo-drvi►I prueni + - -M -C 7,(M4,p 4. 1. Development authorizations shall be processed in accordance with statutory noticing requirements in YMC 17.13.030 and with specific requirements provided in Chapter 17.13 YMC,including but not limited to: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 77 Yakima Municipal Code Page 65/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION a. Submittals; b. Completeness review; c. Notices; d. Hearings; e. Decisions;and f. Appeals. 2. In circumstances where a critical area is proposed to be altered,but the development otherwise requires only a shoreline exemption,the development must be reviewed and processed as a shoreline substantial development permit or a shoreline variance. 3. Development authorizations shall be reviewed in conformance with the applicable development standards of subsection R of this section and with YMC 17.09.030 through 17.09.060. 4. Decisions on a development authorization shall be consistent with subsections M and N of this section, and with any specific decision criteria provided under the section for each relevant permit type,as provided in Chapter 17.13 YMC and subsection R of this section. M. Authorization Decisions—Basis for Action. 1. In addition to meeting the shoreline permit-specific criteria in Chapter 17.13 YMC,the action on any development authorization under this chapter shall also be based upon the following criteria: a. Impact of the project to critical area features on and abutting the property; b. Danger to life or property that would likely occur as a result of the project; c. Compatibility of the project with the critical area features; d. Conformance with applicable development standards; e. Compli , €e. Adequacy of the information provided by the applicant or available to the department. 2. Based upon the project evaluation,the shoreline administrator shall take one of the following actions: a. Grant the development authorization; b. Grant the development authorization with conditions,as provided in subsection N of this section,to mitigate impacts to the critical area feature(s);or c. Deny the development authorization. 3. The decision by the shoreline administrator or designee shall include written findings and conclusions. N. Conditional Approval of Development Authorization. In granting any development authorization,the shoreline administrator or designee may impose conditions to: 1. Accomplish the purpose and intent of this chapter; 2. Eliminate or mitigate any identified negative impacts of the project;and 3. Protect critical areas from damaging and incompatible development. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 78 Yakima Municipal Code Page 66/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION O. Fees and Charges.The Yakima city council shall establish the schedule of fees and charges listed in Chapter 15.26 YMC(Land Development Fees),for development authorizations,variances,appeals and other matters pertaining to this chapter. CRITICAL AREAS REPORTS P. Critical Areas Report Requirements. 1. The shoreline administrator or designee may require a critical areas report,paid for by the applicant, when it is determined necessary. 2. A qualified professional shall prepare the report consistent with most current,accurate,and complete scientific and technical information available that is applicable to the issues of concern.The intent of these provisions is to require a reasonable level of technical study and analysis sufficient to protect critical areas.The analysis shall be appropriate to the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity. 3. The critical area report shall: a. Demonstrate the proposal is consistent with the purposes and standards of this chapter; b. Describe all potential risks to critical areas,and assess impacts on the critical area from the activities and uses proposed;and c. Identify mitigation and protective measures. 4. The critical areas report shall include information addressing the supplemental report requirements(see subsection Q of this section). 5. The shoreline administrator or designee shall review the critical areas report for completeness and accuracy and shall consider the recommendations and conclusions to assist in making decisions on development authorizations,appropriate mitigation,and protective measures. 6. Critical areas reports shall be valid for a period of five years,unless it can be demonstrated that a previous report is adequate for current analysis.Reports prepared for adjacent properties may be utilized for current analysis only when it can be shown through a supplemental report or site investigation that conditions on site are unchanged. 7. The shoreline administrator or designee may require the preparation of a new critical area assessment or a supplemental report if the initial assessment is in error. 8. The shoreline administrator or designee may reject or request revision of the critical areas report when it can be demonstrated that the assessment is inaccurate,incomplete or does not fully address the critical areas impacts involved. 9. Applicants shall provide reports and maps to the city in both electronic and paper formats.In addition,all critical area delineations/maps shall be provided to the city by means of a GPS projected coordinate system data set as specified by the city of Yakima engineer.The city may waive this requirement for single-family developments.Applicants are encouraged to coordinate with the shoreline administrator or designee regarding electronic submittal guidelines. 10. At a minimum,a critical areas report shall include the following information: a. A site plan showing the proposed development footprint and clearing limits,and all relevant critical areas and buffers; b. A written summary of the critical areas,including their size,type,classification or rating,condition, disturbance history,and functions and values.For projects on or adjacent to geologically hazardous areas or The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 79 Yakima Municipal Code Page 67/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION areas subject to high floodwater depth or velocity the description shall identify the type and characteristics of the hazard; c. An analysis of potential adverse impacts and how they will be mitigated or avoided.Geologically hazardous areas are additionally required to assess the risks posed by the development to critical areas,public and private properties,and both associated and unassociated nearby facilities and uses; d. When impacts cannot be avoided,the report shall include a plan describing mitigation to replace critical area functions and values.For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity,the mitigation shall additionally address the site,and other public and private properties,and both associated and unassociated nearby facilities and uses potentially affected; e. The dates,names,and qualifications of the persons preparing the report and documentation of analysis methods including any fieldwork performed on the site;and f. Additional reasonable information requested by the shoreline administrator or designee. 11. A critical area report may be supplemented by or composed,in whole or in part,of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site. 12. The shoreline administrator or designee may limit the geographic area of the critical area report as appropriate. 13. Compensatory Mitigation Plans.When compensatory mitigation,as described in subsection I of this section,is proposed for wetland areas or stream channels,the applicant shall submit a mitigation plan as part of the critical area report,which includes: a. A written report identifying environmental goals and objectives of the proposed compensation including a description of: i. The anticipated impacts to the critical areas; ii. The mitigating actions proposed; iii. The purpose of the compensation measures,including site selection criteria; iv. The compensation goals and objectives; v. The desired resource functions; vi. Construction activities start and completion dates;and vii. Analysis of anticipated success of the compensation project; b. A review of the most current,accurate,and complete scientific and technical information available that is applicable to the issues of concern supporting the proposed mitigation; c. A description of the report and the author's experience to date in restoring or creating the type of critical area report proposed; d. Performance Standards.The mitigation plan shall include measurable specific criteria for evaluating the goals and objectives to ensure the mitigation project has been successfully attained; e. Detailed Construction Documents.The mitigation documents shall include written specifications and plans describing the mitigation proposed,such as: i. The proposed construction sequence,timing,and duration; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 80 Yakima Municipal Code Page 68/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION ii. Grading and excavation details; iii. Erosion and sediment control features; iv. A planting plan specifying plant species,quantities,locations,size,spacing,and density; v. Measures to protect and maintain plants until established;and vi. Documents should include scale drawings showing necessary information to convey both existing and proposed topographic data,slope,elevations,plants and project limits; f. Monitoring Program.The mitigation plan shall include: i. A program for monitoring both construction of the compensatory project and its completion and survivability; ii. A plan which details how the monitoring data will be evaluated to determine if the performance standards are being met; iii. Reports as needed to document milestones,successes,problems,and contingency actions of the compensation project;and iv. Monitoring for a period necessary to establish that performance standards have been met,but not for a period less than five years; g. Contingency Plan. Identification of the potential courses of action,and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met; h. Financial Guarantees.A financial guarantee ensuring fulfillment of the compensation project, monitoring program,and any contingency measures shall be posted in accordance with subsection(R)(1) of this section. 14. Innovative Mitigation. a. Advanced mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section.One or more applicants,or an organization with demonstrated capability,may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: i. Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas; ii. The applicant demonstrates the organizational and fiscal capability to act cooperatively; iii. The applicant demonstrates that long-term management of the habitat area will be provided; iv. There is a clear potential for success of the proposed mitigation at the identified site; v. There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans; vi. The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel-by-parcel regulations and/or traditional mitigation approaches; vii. The plan is consistent with the general purpose and intent of this section; viii. The plan shall contain relevant management strategies which are within the scope of this section;and The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 81 Yakima Municipal Code Page 69/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION ix. The plan shall contain clear and measurable standards for achieving compliance with the purposes of this section,a description of how such standards will be monitored and measured over the life of the plan,and a fully funded contingency plan if any element of the plan does not meet standards for compliance. b. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required wetland replacement ratios. c. Projects that propose compensatory wetland mitigation shall also use the standards in YMC 17.09.040(E).For those situations where a mitigation bank may provide an opportunity for mitigation,the requirements in YMC 17.09.040(F)shall apply. Q. Supplemental Report Requirements for Specific Critical Areas. 1. I'I h find l .lag_A reas4Eretliki4=twrirlr,gc.When a critical areas report is required for a rind wildlife%gild a rvaltDn arelisEr q uoFiwkw-or-i•►ydnalegiefrlFr-Feleted-uri;i l-Hr it shall include the following: a. A habitat and native vegetation conservation strategy that addresses methods to protect the functional properties listed in YMC 17.09.030(E);and b. Where proposed construction lies within an immediate zone of potential channel migration,a hydrologic analysis report may be required.The report shall assume the conditions of the one-hundred- year flood,include on-site investigative findings,and consider historical meander characteristics in addition to other pertinent facts and date;, And 4._. A discussion ofinw tcd4v;aa.Flagof_Lc nl flmna qn � reconkmertid:uitiics'which hiivc hecn devCIORN rgr Itic mice of liabiialx iii kl fin:A. h4lc yLliII be incorimmictl Imo the prrrgecr, 2. Wetlands.When a critical areas report is required for wetlands,it shall include the following: a. The exact location of a wetland's boundary and wetland rating as determined through the performance of a field investigation by a qualified wetland professional applying the approved federal wetland delineation manual and applicable regional supplements and the Washington State Wetland Rating System for Eastern Washington,revised r.214 14,44web-2404(Ecology Publication Number I4-4*-1131:01-064• ,or as revised); b. All delineated wetlands and required buffers within two hundred feet of the project area shall be shown on the site plan.Available information should include,but not be limited to,aerial photos,land based photos,soils maps,or topographic maps; c. An analysis of the wetlands including the following site related information: i. A statement specifying the accuracy of the report and all assumptions made and relied upon; ii. Documentation of fieldwork performed on the site,including field data sheets for delineations, wetland rating forms,baseline hydrologic data,etc.; iii. A description of the methodologies used to conduct the wetland delineations,or impact analyses including references;and iv. Wetland category,including vegetative,faunal,and hydrologic characteristics; d. For projects that will affect the wetland or buffer,provide the following: i. A habitat and native vegetation conservation strategy that addresses methods to protect or enhance on-site habitat and wetland functions and values listed in YMC 17.09.040(D)(1)and 17.09.030(E);and The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 82 Yakima Municipal Code Page 70/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION ii. Mitigation sequencing,pursuant to YMC 17.05.020(D)to avoid,minimize,and mitigate impacts shall result in"no net loss"of acreage or functional values of wetlands and shall follow the guidance provided in YMC 17.09.040(E). 3. Geologically Hazardous Areas. When a critical areas report is required for a geologically hazardous area, it shall include the following: a. A description of the site features, including surface and subsurface geology; b. A description of the geologic processes and hazards affecting the property,including a determination of the actual hazard types for any suspected and risk unknown hazards identified in the affirmative determination of hazard; c. A description of the vulnerability of the site to seismic and other geologic processes and hazards; and d. A description of any potential hazards that could be created or exacerbated as a result of site development; e. For developments in or affecting landslide hazard areas the report shall also include: i. Assessments and conclusions regarding slope stability including the potential types of landslide failure mechanisms(e.g.,debris flow,rotational slump,translational slip,etc.)that may affect the site. The stability evaluation shall also consider dynamic earthquake loading and shall use a minimum horizontal acceleration as established by the current version of YMC Title 11 (Buildings); ii. An analysis of slope recession rate shall be presented in those cases where stability is impacted by stream meandering or other forces acting on the toe of the slope;and iii. Description of the run-out hazard of landslide debris to the proposed development that starts upslope and/or the impacts of landslide run-out on downslope properties and critical areas. Flood h a-ards Pr: r to authoeieation-of a truer: w b .,, :T-co�.oN--w+El}i�+-a-Ae�rtiplai+�-w{�+;�.;�-�..nsipafed-tom s1 aU-be-peepar=d-t eensed-engi teef-in-the state of Washington that ablishes y-aeww-hoed-elevations- :l ldresult ffor-the-ens iLyear-lieed r i f tho.. ect a ..1 Men&e.h NOTE: All of the text in Q.5 below was reviewed and approved by the City as part of the City's 2017 update of Chapter 15.27 YMC(Critical Areas). These changes were not integrated into Title 17 at that time. 4. Critical Aquifer Recharge Areas.The approach of the city critical area regulations is to require a level of study and analysis commensurate with potential risks to wellhead protection zones associated with particular sites and particular proposals.At a minimum,all applicants shall review the history of the site and conduct a surface reconnaissance.The purpose of a critical aquifer recharge area report is to evaluate the actual geologic conditions end determine the site's proximity to or location within a wellhead protection zone:evaluate the safety and appropriateness of proposed activities;and recommend appropriate construction practices, monitoring programs,and other mitigation measures required to ensure achievement of the purpose and intent of these regulations.The information required by this report should be coordinated with the study and reporting requirements for any other critical areas located on the site. A critical aquifer recharge area report shall be prepared by a qualified professional who is a hydrogeoloeist,geolgist,or engineer who is licensed in the state of Washington and who has experience in preparing hydrogeologic assessments. a. Level One Hydrological Assessment.At sites located within Wellhead Protection Zones I through 3, defined in YMC 17.i}9.000(C)I I).a critical aquifer recharge areas report shall contain a level one hydrological assessment which includes the following site-and proposal-related information at a minimum: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 83 Yakima Municipal Code Page 71/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION I. Information regarding geologic and hydrogeologic characteristics of the site, including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site. and permeability of the unsaturated zone based on existing data. ii. Groundwater depth,flow direction,and gradient based on available information. iii. Currently available data on wells and springs within one thousand three hundred feet of the project area. iv. Location of other critical areas,including surface waters.within one thousand three hundred feet of the project site. v. Available historic water quality data for the area to be affected by the proposed activity. vi. BMPs proposed to be utilized. b. Level Two l-Ivdrogeologic Assessment. i. A level two hydrogeologic assessment shall be required for any of the following proposed activities at sites located within Wellhead Protection Zones 1 through 3: la) Activities that result in five thousand square feet or more impervious site area. 1`b) Activities that divert,alter,or reduce the flow of surface or grpundwaters,including dewatering or otherwise reduce the recharging of the aquifer. icl The storage,handling,treatment.use,production,recycling,or disposal of deleterious substances or hazardous materials,other than household chemicals used according to the directions specified on the packaging for domestic applications. (d) The use of injection wells,including on-site septic systems,except those domestic septic systems releasing less than fourteen thousand five hundred gallons of effluent per day and that are limited to a maximum density of one system per one acre. lei Any other activity determined by the director of community development likely to have an adverse impact on groundwater quality or quantity,or on the recharge of the aquifer. ii. A level two hydrogeologic assessment shall include the following site and proposal-related information at a minimum,in addition to the requirements for a level one hydrogeological assessment: (a) Historic water quality and elevation data for the area to be affected by the proposed activity compiled for at least the previous five-year period. fbl Groundwater monitoring plan provisions. IA) Discussion of the effects of the proposed project on the groundwater quality and quantity. including: fa) Predictive evaluation of_groundwater withdrawal effects on nearby wells and surface water features. (b) Predictive evaluation of contaminant transport based on potential releases to groundwater. id) Identification of the tvue and quantities of any deleterious substances or hazardous materials that will be stored,handled.treated,used,produced,recycled,or disposed of on the site._ including but not limited to materials.such as elevator Iift/hydraulic fluid,hazardous materials The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 84 Yakima Municipal Code Page 72/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION used during construction.materials used by the building occupants,proposed storage and manufacturing uses,etc. (e) Proposed methods ofstoring_any of the above substances,including containment methods to be used during construction and/or use of the proposed facility. tf) Proposed elan for implementing YMC 17.09.060(C)(3)(d)Ivi),Prptection Standards during Construction. (g) A spill plan that identifies equipment and/or structures that could fail,resulting in an impact.Spill plans shall include provisions for regular inspection,repair,and replacement of structures and equipment that could fail. Bi] A complete discussion of past environmental investigations,sampling,spills,or incidents that may have resulted in or contributed to contaminated soil or groundwater at the site.Attach copies of all historical and current reports,and sampling results. R. General Critical Areas Protective Measures.The standards below apply to all permits and reviews performed under this chapter. 1. Financial Guarantees.Financial guarantees may be required to ensure mitigation,maintenance,and monitoring: a. When required mitigation pursuant to a development proposal is not completed prior to the city of Yakima's final permit approval,the shoreline administrator or designee may require the applicant to post a financial guarantee to ensure that the work will be completed. b. If a development proposal is subject to compensatory mitigation,the applicant must post a financial guarantee to ensure mitigation is fully functional. c. All financial guarantees shall be in the amount of one hundred and twenty-five percent of the estimated cost of the uncompleted actions and/or the estimated cost of restoring the functions and values of the critical area that are at risk. d. The financial guarantee may be in the form of a surety bond,performance bond,assignment of savings account,irrevocable letter of credit guaranteed by an acceptable financial institution,or other form acceptable to the shoreline administrator or designee,with terms and conditions acceptable to the city of Yakima attorney. e. The financial guarantee shall remain in effect until the shoreline administrator or designee determines that the standards bonded for have been met.Financial guarantees for wetland or stream compensatory mitigation shall be held for a minimum of five years after completion of the work to ensure that the required mitigation has been fully implemented and demonstrated to function. f. If public funds have previously been committed for mitigation,maintenance,monitoring,or restoration,a financial guarantee will not be required. g. Failure to satisfy critical area requirements shall constitute a default,and the shoreline administrator and his or her designee may demand payment of any financial guarantee. h. Any funds recovered pursuant to this section shall be used to complete the required mitigation.Such funds shall be deposited in a separate account.The city of Yakima will use such funds to arrange for completion of the project or mitigation,and follow-up corrective actions. i. Depletion,failure,or collection of financial guarantees shall not discharge the obligation of an applicant or violator to complete required mitigation,maintenance,monitoring,or restoration. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 85 Yakima Municipal Code Page 73/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 2. Subdivision Standards.The following standards apply to all permits or reviews under the subdivision ordinance(YMC Title 14)that contain critical areas: a. All subdivisions that contain critical areas shall be eligible for density bonuses or other development incentives,as provided in the subdivision ordinance(YMC Title 14)and zoning ordinance(YMC Title 15); b. Critical areas shall be actively protected through the following: i. Roads and utilities for the subdivision shall avoid critical areas and their buffers,as much as possible; ii. When geologically hazardous areas(excluding erosion,over-steepened slopes of intermediate risk,stream undercutting,and earthquake hazards),FEMA floodway,channel migration zone(CMZ), streams,wetlands and/or vegetative buffers fall within the boundary of a subdivision; (A) Said critical areas shall be protected by placing them entirely within a separate critical area tract or by including them entirely within one of the developable parcels.Other options, such as conservation easements and building envelopes,may be deemed appropriate by the shoreline administrator as meeting this provision when special circumstances obstruct the viability of this provision; (B) For those new lots that do contain said critical areas,useable building envelopes(five thousand square feet or more for residential uses)shall be provided on the plat that lies outside said critical areas; iii. New lots partially within the floodplain shall provide a usable building envelope(five thousand square feet or more for residential uses)outside the floodplain; iv. New lots entirely within the floodplain shall be at least one acre in area; v. For new lots containing streams,wetlands,and/or vegetative buffers,outdoor use envelopes shall be provided on the plat that lies outside said critical areas; vi. Degraded vegetative buffers shall be restored or provided with protection measures that will allow them to recover; vii. Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant information about them disclosed on the final plat; viii. Lots or parcels that lie entirely within geologically hazardous areas(excluding erosion,over- steepened slopes of intermediate risk,stream undercutting,and earthquake hazards),FEMA floodway, channel migration zone(CMZ),stream,wetland,and/or vegetative buffers may not be further divided. 17.09.020 Flood hazard areas. The flood hazard areas regulations in Part Four of Chapter 15.27 YMC apply within shoreline jurisdiction;however. the regulations,themselves,are not incorporated as part of this Shoreline Master Program rGE PROVISIONS A. L d A: E 1abl:�hea The I n d h a i•• Y� G�OCJ'"�a [CR[,lIVRTRC�j�6CIR[ [1gC1P1�[C[�.Tpnj[rT,Ra;den44-lied by tbe-f}edcral Emergency A a A _._fFf M A 1egrompanying-fload-inStifailGe-rate-maps+F-11kM41410eil-betindacy,and-f is ,ents thereto made 1..,the.F-e 1 1 ...uE; .-car-i-G r ,a,. File_ ,ids the city of Yak: Wush. tow 13. Principler This s.ction re ,the.. ,-need of the river eh stablinl..,..-Fegulotion-s4eiftinimiz-e--less-of--life-and-propeFty,restfint-uses-rand-Fegtilate- The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 86 Yakima Municipal Code Page 74/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 1 ciples to intent-F' this section t8: I. Alert the gottnty- ssessol ppra+serr;-or+ ersr-poren4iel-buyers a.,a lms toss natu..,.f limitotions oc flood-prene land; 3. l++tp1eniettt-state and-federad-tTeod-protecinn--programs C. Applicability.The guid l' a e� tions re h YMr Title 1 1 d el . d 1 i �T*i:v��-m"'ia-�'z anT.rsc'syvrsmncrcm7za�c—rr,�n"'.o el ccsac�.rsicrl-- appl -to-c+N-special .. 1. The proµisions of this-seetion shall aply-te-any-developrne pr pose, '-in-a species 2. Fl hazar.!permits shal_be approved by the o f Yal.im A pprov..I shall enI. n- z»d ith thi at:., a..d cable local,state and f de al . g'.lcnntions 3. Topographic,ergi.neer+nga�onsrruction infor.uation ne t..a aluate repos cct shall be-sobraitted-to-the-elefinAfflefft-for-approvel,and 1. The gm tting efnr-permit or-any development-oruse-dee"s-not consti war-ra fty-of-any-kinkl-or-nature b. •he city of Yak: � .�cticality`or-safety-o€eny- e use,afl body- or-employee, r d, a tha.m ,resttlt- for 1 7.1 3 YMC: 1. Any alteratio+t-o , listi in t-hc National-Register of 144storic Plrces,the Washington-Heritage-Register;-the aid tete ent ory,ofhistoric eras. __ The installation endinaintaaance$f-abovegr „d ut:l:ty transmi sion lines +d„oles;a.,d g 0» ate driveway& f. ,d etha a etiykies an IA �.ltu al, d,ioh . ��=-.t•erg ,e , ..i u .dul y de a f eed stor- - cit. ,iftc ntly striot- ill ist tlotatlon and- e E. Interpretations. Lofthi ctio.. the shall be side ed reettlir efts -Shu l be strictly ed n Via. of the „li, a nd s oncl as-a-suppleffieot-to s to.dards;T:tIe I A, shall prevail. 2. l..an interpretatio„ . t location f the laeon � v'S-sir P�ii�o:ialvr�ocs�rim�vrarcvvan con tic..., etvee n-a_„iap„ed boundary and actual field cond t4en e-person contesting_the location of the bounda+y•s i.en_ _ able "tunity-to-appeal the into etatio C.ch a1_shall be nted 43011 rtent with the-stafida d ef—the-Nnticnif IBC 101.1). The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 87 Yakima Municipal Code Page 75/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION F. Cm• linnce-No strneture o..land shall lieFegIei-b. ed;-evnstr-ueted;leeated extended owieFtedraf-AeFe4- ur 41-eaniplian a with. 131ieable-reguatiori G. War gee-eft is-seetion4s-eensldered- reasonable--for_regaiatof=y-purposes-and-is based-on-soientifk and o n:d.._at ns. Larger fleods-ean-and- :lf cleod f. ..hts inereasedd-by-Hiaan ade at al c This etio imply--that-1 rczs o spe iril-ttiood-baaard ar-1 er—riitte uses-wi WiOTEC TON STANDARDS ASCE 21,and HUD 24 CFR Part 3280: 1. An har; and Co. tRietoon Te l.n:gues ..Vrz9r it�•�wwO c,vriraninwvnrmoi �ccrnirgcroa. a. All. a d substant: l i a., bo: nnehored .ffota ion ellapse oc f..te.-al m n.aft a str to ure;and ii. -Constructed using materialsg III. -Constr s-an L-pnactiees that e flood daniage;and iv. ElectricaLieatinn ..r:l t.ion ..iubiirng-antl if—ean44I4on-tares-euwrpmenri and--o lier—seMee- fa ititIes-sha l-be-designed-ald/er otherwise-eleva ed o 4et.ate l-se- b. All imianufe4-u ce4-bo. - likewise be nchored to p_event-iletatienTeallapse-er--lateral- entT .nd shell be installed using_„ethods and. metheels-i>aay-meluderbut-alier the-to frar--fraine-ties-te-ground-anollefs-Oelerenee- i s a nriu4aor..ced 1 eFne-Instattation ie-Flood Hazard Areas. ionatteehnique4- Ansbering-sha41 a or-struotures-located--within-one-1 ntdred feet-of a- o—A4l--new struetieirand_-airy--iinprtwenten#s-of-additions w istin g leed.proefed--sti. ttwes-that- e hundred feat,.Fr-cne-nor one- huiidred-Feet-e he-ordinary high--water-im;fk-if-n>-€lam ias-been-estnbl-shed shen b. elevated-to-a- hei h+a ..I too .rate._than-the.base.floo 1 ....ram:..z:i�.arn,--o��,`z wcee--rrwm--rrr�oerac-rrvoer�-trsmb other-inet tedolegy ;a;less-it de- support-de'ieesused-to-aehieve-eleva+ien-shall-be-designe+d-te--penetra ', tfficiently- ..bored cifed above: ubs .-fH-R l)lnl of h:.•n -tie d. Except-wl1 r-iz4.aU--nev nstruetion-and substantial : ents t,,existin., des nand-c-enstruetien-standards are in accordance_with ndop ique _. igned-to rein-kem-4l ring-€leeding7 3 Subdiy sien_Proposalc Subdi„ision proposals shall: thtlt dtio+R a. Be consist=. «un , The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 88 Yakima Municipal Code Page 76/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION b. Have-roadwad„ ys c—tfaitio nd other f cilities ch_a 0 ,electrical' ..d. ute see located and a ,str..eted_t..., a flood damage. e lJ a s ade �. I 1 k eta fl d da . • ...r w ��• `�i�C�I�iiTiGri '[CrTOc��C'i�C��lp7Q1��OR-Ri�•�Q�1 d. I nclude-base-fleed elevation-1atai-and Ir,the a ,a,ere b _e flood elevalien--is-Ira„_iilabl�a„d_te�ubddivision li n ve a fi a: ,.greateF e er-fifty katr;a step-mek, ter-anal doe-generate-tote-base41oe4•ele-vation-data:• a o ns-of any watercourse-sh 11 be_,,meta dL ns r_lo the al ors alteration o relocationof'a ate r4 nities,the-Pepeete ient of Eeelegy an F- M n ,.r the-reposed- velopmeni: I. Specific Standard I....l subsecti6 H of this section: I. Residential Construction.(See-I-I�C 32. Alew a ,at:..«e...t ♦ Fa....r :al _ sh..11 I tht- a. "'Fl3:rtAnt{a�-}fHp�(}�BFHvm side.,t -aT�T`v flo cludin„ba ..,.elevated—aa+am »,t., ab., a thebase flBod- legation. b. Fully enclosed areas-below•-f ales.4aaned4e-automatioally-equa4i• e-hydresE � I15 by allowing r_tl.e entry an., e.•:ze wa .t either be certified b.•a Fegiutefed ed the fell rite.-i fe ttare-inetrf�-every- s e-feot-of ens lased-afea-subjeot•-ta--€feeding a41-be-provided; 'I"im bottom of-all_op shall be higher-tha ene-f t_abov ade nd t- tz ,miT4 atHomaiie-entr..and a sit of floott ate nst oor slab below the-Bfft-, must-6e-Elesigneel-te-al-ley4er--the-entry-and-ex44-43-f-11-oodwateFs7 -dontialt. ithi 6. ev�iv testa vc ii�uv ve:.vn�+irrr ' d—N the-See firements Sect: 1 O9 mn+r1 ne- 2. Nonresidential Construction f1A CFb 6n•±eels-.and fa.� al_...... ota al1'ndustr:al o ethe id base1n moreabevethe b a flood.ele ratio ,to ether with atten ae utt�dd- ,,itary f c;lities shall. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 89 Yakima Municipal Code Page 77/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION a. j;e fl d . ed h I.eI•.,.., f t h 1 n t t 11 v'ric" c roar cif riaviv•avv rc�iie-.�5c-ne9ir-.crCriTic'sfilimirrc-iYimleFFtght- wit! wallssabst ..t rI1y i eahle to-the r e of watert h. I-I eve stra le ,r. hydr stat: nd I,.dr,d, buoyanc c. Be certified-45-a-registered nrofessio ial engineer-er archi!em{ t h e9f154fiuetie a.-.-m-aeco,d. ith pted-itandardsefvFaetiee-for-meeting--pre efthis .•.hreeti n-based•-on-their ale ele ent . ,d/o of the-eruct.. al da peci fcati. nd.,l. nd d. Nonresidential stR*e•Mitres-that-are-e1evated-net-fleodprec f•1, st• ee•the si me-standards-for-spaee 3. PSI nt actuwe4le +a -P�: n• m sh accordance-wit1.su;a;eetio(H,�, I+r,- •of thin t-ion_ h ll 1 the mf�'e'c errn e,�anlu.r�'tisi'e rrre , eerdanee with subsection r I_1\!l 111.1 f this section 4—ieof &—Re .,the site er_few r the a hu ndred a ght. ..da , r Of c. Meet the ancheFing-Fequ•irements efsubaect o (il)e I K-4)oftl.i. et on eid . Dli eee w.l..._t4 d-otifer- fieod1Vay eneroaeh lent-movisions-•ef-stibseet en-mr2i o f this ect:o. `1 w ll ne ch., nts, clu.G. CI I a structt_n and ether development,if certifteation b .. F� .,. istered-pr„f .,er ale �t•Fit vide . with-ther�malarrl•,five of ts-o f all.o ila mential o ehme,ts-shhat di em ledd-z alp d of tito ostaWiahed- le,d., I: o ..n--otrstm,:aett--the-nmater,.reduce-i - way;er-restilt in alw-ineFease-iirn99d--iei+$15•{eFing4h00eef2F£eace-Gf the-barse- flood-d•iselawge: 3. All new-enereaeii+ ents.4stu4 ng-4111.new-eonstfueti^..an-'otf..r dovelopme b -T-13e--neweneroaehment-is-leeated-in-a-residentiol-zone-with-a-densiPe-of-ereateFthen-one-uoit-per- asre, /1. Utility Transmksioml Limes. UF:lity transmission lines shall_l e_permitte.I when con..;rtent with YMCTitle 1 t:and where net ot3 .i rpose•rsva such a- t..1.tr fission ll .,shall ,f m to the tollo The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 90 Yakima Municipal Code Page 78/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION a. Electric tran modeq arely +td•.nt:,,ed_ rce4e uets-and-i uFal-gas, at iai+juttui-F our-feet,Sucil-bkk4al-depth- sh.I lac'[1 petential-eliannel-wi tiewas-d9E@rkN�Fydrel9 rologi e•l-1- ee `�F' Beyond the-Fnalkimuill L"3Ft 9 -peientia.J( lamiel-1fligfatitvii;tit l famission-Ifties4T-anspprt4ng- hai`ard_us-and-nen-kamalems-,�all k! eriel-eir-eiftuge- futures. k!. A beveg• and-ut•isssil: a shall my be allewe�fer-t1i traia5 #�ao ls,;-weh—eases, li nil+ - adeguatei- rr teoned-fFer--Rood-damage- • b valveptlpin4-statletts-HF etheF-cent l-,rei!° sh ,ot-be-pai„ ge-mil a r -areas-emeept- ble.This does.aot apf y-todaloesl4e ater-a l- ar �en depth-veieeity-aF-passage4s created-and-shaWl-be-adequately-flood ee sut sections 34(I'• r h •.,]•Ht-14s-strotian-fil be ;•• a :o • t_woul�v.d-have-an- h-ancl-wi•{al,, uer-ile dillair�f�+netiokr� K.J rehi-lAte Use Ta r- eliawing-uses-are-pr6 -- A,trstrt�etere,inc ..th.-..•;zed L.. i _. lirW Heil eaeF$a6 Mess-oci-ri-rra • together • ear Hi al�aGtfi-y-of the fleodwa frinile resu lt-x, }V-i base ll od discharge. 3. C^ st. ctio ..tr to • e e,gFeaa4-flew area; taFted'c-or toage-eeeurred: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 91 Yakima Municipal Code Page 79/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION o. Work done oa h l l l ble-R9od-ha and ti c o„ter „ 5r�+'rith-$ll-a�liLa rv-i•cvwcsioFr�r�m^i$iai�5-c."r. - FLOODWAY USES L. Permitted Uses. Perimtt okide„ e .,.:tted in t e-zo in.,district: rd„nee with V MC Title .lc and :.tee panteent-dessignation in ae rdan ae with this title;pro ded 4hat-s Eire-with-the- tlo.,d I.....„..d „..teetion st„nderds. r..ubseetions-H and I ot't his sect YMC I nc nr_n„nd other„pplicoble f th:s tale nd. I _ _. nal- • „ b eng aeer--thro[lgh-hydrologi Te-analysis-nuist-demmnsirate-tliat-the-e€F f-thcribjeot-error ome.tt the.wi& the„.'mil eI'ects of all Qt: 1. Mate ally umow tr.te esl:ve ted fr m the shed-Ileadwayi t1eed. 2. Cause erosion; 3. nl...t...e.the natu al ae -- ater. d Re eit, of the fle.,d...e,... 5. Result in-any-increase in food levels-d+wiiigg the occl4Frenceot-t b -flood-discharge. A PT,hibited Uses-The-f9 1-o -a- registered-profess.enal-engineer-througl-hydl ologic-aad-hydraulic-analysis-per ;ccerdal wit-h- .. o: ring_thn e f the ba a lieed discha e, centrol-faeilities.shall-not-be-permitted-in-tlae kmodwatFy, pt f_do st: nd. al-wastewateF- faela 4. Whe a-lead, ha .,t bee r date.-.,,:.,„d b..p e urinary-Cot P Engineers'-investigations-or-ffi6ial a t Yee-ifted-ane-hondr@d-year ood-eye} 5. Construction o ted-AeadFways�ex as-allowed- under Chapter 17.11 YMC; 6. Trh"-e nrsnriction-orr.tor„ge o4'a object sub:eet t.tlota evel-perieds; 7. The f n duo t.,thei„hi.,h de of g-i441 ty with the p o f. tal Iishi .. d „t:onal rieedway.orespe ific„lly p oh:bited: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 92 Yakima Municipal Code Page 80/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION The t" t'. d V MC 1 7/19 0 l0 Wet la. yGPiTa91�t�R[IQII a[Cp�,[InO 1 IYIC t .tl T.v�Yp, YI PCTCnTQS b So !eltinips7jonlwafdror f e. Damming or relocation-o€any-watercoirse- tst lei' $. The list ing-of-prehibiled. the ,.ti ..G..,il ..,,be ed t tte .sie-general-ruie-akstattttery_ t-per ,itte.t: ehibited: Cl a r t..•• t. t' f i e t a tr.,cture 9. l$elsidentiel Censt�t;aria:riir-r-roov �^.�r'�rrn£>EiBt}-Bf-rBfvBHSxxacciaii ax rc5ibonsicelslllly:llrv5 i5 „hmoo• a ..the and flo n `ii . • _ _ .the- reennstrH , saretv-e-eele-spea+ e code-entereetnent-e #isial-a+ad- 1,hiclf the e.. le#1 s. may-be-eneiaded-hi-the--50-peFeent: tures,WsFx 'ting-stoteFklfe::and uses within4e.-speeial-flend-haitaffl-nfeas- established-by-this-seetion-er--aniendni se..ec f.,..•.. .....endep�F erned under chapee.• t 7 1 1 V A A!• ��F' L'f OOD!1 A 7�S?Tl PROTECTION A.r711A1All CTI)A T-ION aJovv-r-.�-sacra feletkn edi-l3aaaafd-pFetee-lien4o-ac-czc.rdanee w:•t, he. ..r this seetion-and-may-prepare-and-retjuire-the- .f Rteh f r-ms a a ..1 to elt-ad..iinistratien ., 11,•^ 1,��A„thor Ip� ��ctiou_t1ie buildin o fc al shall have-the-at4h#city-t�nt id�permft-whet- .ith.the.. plicable .dition t frt{.' this tio.. i Wither_ plicable I.. a1 state a..d f deal �nccuvrccrriivi.r'vrr�l�5cc�vrrlrin-wrrr5eor�lvmisncr-rt reeit ations-ltas-been-deyntenstfftteel-and-the-pre s uund--to-ke-consistent--w..,,,, e-pur-pose olihe policies o f the crib rQ--Pecm,,—Re :.•ea or t„ .l elerntient-with: al Ile d h. ard--area,a fleod-haaard-permit-shall be- obtatnef—Th tinnr-cas-set-ferthvrm 1-7,044l0-att4l-any-applieable-shoreline-pecniit a,z forth in Chapter 17.13 YMC ication, act-empani�'Sriicatition peea€led-in- #1c--Title-1 l .the f -•lied.The application shall-tot- be-considered complete un3i 15.11.010: 1. Name,address at operty-outer if different 2. Pi+ojeet descr ptio:at on-parsec-klcatificatietrt>�nrber 'th the iloodpla „hieh the de ele nt: pf.�.T�t,�. 1. cite plan „dr t The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 93 Yakima Municipal Code Page 81/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION a. Actual dimensions-and-. ,e of the el to be buil.. b. Sizes and location of e•isting-striictures on the c. Location and dimensions-of-the-proposed d velop mructure alteration. . aay-•proposed , e. The lica:on shall include t e in or. atiell. .Ire r l4 d trato .e.Yl.., '��c-,7m'�a�rrrrrii�c�irca�(-tf>- ela•ify the application f r the enf t o f ti • t• . S. Pert ill be re a e,t to determine. 1-. -T-Ile-elevatio. nd e s f this ection;• -locatie elation to thre-iioodwar.T.end-aa„y a ch. et.-(subsection (M)(2)of this section); 3, Alt , 721-tted-ttse-1mde..t.:s section and VMC•r:.t.. 1 r. ....d 3. roessary--permits-hove-been-obtraii,c"'"l- f om these federal state or to .,1 g e ental from whiob p el is required, 6. That the-site-is reasconably--safe-front-flooe og -r 7Noti FME when. ne*ations. . the epeeinI Flood l-loz..rd ere. 8. IYttt;f.CCAA A .f 1, .,eyes tot .Le fl l I .. t:..e. ithi, ntl • slim ifie-infonFnotlen. - . d. ably utilize a base flood- a ailable lre I t to et e o der t..administe ub� et: 1BFi-7HF{-�nEif� ••�fe�e�•�r�rr,�s�ccn,z,.,,,,r«•••,•�e �" or ,•fiS I and A.f ofthissectiena..1 VA,If•' 1y t 1cn U. Limitations. Permits issue4 0n4he basis- pkns-and-applications-approved. d-:”;ershoreline-administrator Viand-cot. d-ne-other- s�,e�n.,tr^^ I re nt.e str etio at, •.l,t1,et thorized lotion f trIT�V�'i�vi� �.*� tvf'a1C1'iC[YClaii�l;tii,kGP��mL[RPil—Or— t is-sectio..sod p shable a ,.ided-b,.YMC 17 1 Z t 5O V,Perinit Exylirat-ion-and-C-aneel let:..., Iftl.e. ,rL des..ribed--►n'-an'y--permit-has-net-begun-within-one-hundred- . I. The ei 4 1, l l 1, 1 d this ati Q .de-4f a shall be f.. sh `+rar+r�rmn�-BBntpl rra��v�isrrrirn�-�rrrrsec�c r.-ovr r;:vctsi:r'@a, Htl,e,pro erty a othe a gent_i ntfel-of tha ert y :t shall Ire hint a„l 17.13.120. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 94 Yakima Municipal Code Page 82/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION i 1 -ties.1 3 plie do�_+l, b ilding fticia1 hall ha •he t t t� l ai and„erini {jpr;riii z-:pPn-��.p.p oir� ty�ra vcir,ain�wrriorcc�pris -mrr`iznc-ncrcr�raaYryccrscnz+r 'z'-r'o'� t- when--eo plia ,it1,tha plicable nditions.. et f rtl, n.this s ctie n.1 other . H pose-of this-chapter ELEVATION AND FLOODPRQOFING CERTIFICATION Z. Applicability Certi floa,i n fo ele on or.flood e4 shall be red only for then .traction o substantia; ,t-o-an esident l, a "1. .,.,."..:"1 earesidential-strtieture-lecaler-in-a-speciai- flood hazard area. AA. Certification-FeFe: e -elevation-and-lvodpre fieg eertirc".e shall be cil;e,,by the .,4Yicial and shall he., ner-agY-ewsisten e- Natienal-F-load lnsuranee-Program- r Obta: n LMa ztai ed _T_he ele ation and il. ,.1.. ci a eeFti4 a is ssi al1-'e lyre- . rir'r�-crz��.v+srrfl��.... #DI}n" g flood h, and p oteetion itifeRitatiens I. The aot t st$ , stantiaily-itproved- 3. Where-a-base-Plead-el f owe ol" "tie.,data: ava}lable-either-thrc ugh t e flood-insurcan a statly F o M er-fretn-anatlier--aatheritative- saufse7mipiientiater-builniag-pefniits-shail-be-fevieweci-tc-assufe4hat-pFeposed-sanstinetien-will-he- feasonab4y-safn-froni-1400dingA-he-teg-*vf-Feasenableness-is-a-leeal-jinittneat-atn4-inektdes-use-a-histafieal- datn,biglt-water-AtafkspbetegFaplis-ef-pwat4leeitingrete,wbere-available,.- AC,CaFtificatien-Respansibi4ity-T-he-projeetpr-eponeot-shail-be-fespensible-for-providing-reqair-ed-caFtifinatien- flata-to-44te-adtniaistiative-efFtaial-ppplicable-eanstr-uctian-i-nspeetien-speeifletl-ia-tbe-cer-tifteatien-fer-rn, b , r en-s-hail--be- tbe aelin .,i.-.ra•iyangteia1 AD. Procedure.Any person seeking^ e from-the Ie uit-entel -tuthar-ined-ttadersobseetien- r E eftbis-Rio:�,-shail-,riakee such equest-Consistent-with the procedures-establisiaed-in-chapter 17.13 V-MG- A E—Varianee-Limitations. I. Variances steal--be li ite,l olely to the idee.:..n-ag a. Elevation-"egair-eMont"-f-lowest"ear-construction; h.EIein i ntc for flood. e i nd c. The typo and oxte t e f-41eBdpreitang 2. Variances:.hal ed for any prece •onal-rocittiretnents o;-tt prohibitions of this-section, AF. ( nn4i4iom!or-Atttlier, a,'en. In-adi ition- do strating_consistency wi h the shoreline,urnmec o it rvmn''" �nci-m-fm VMC 17.13.080,the-appl eoti,.shall show that, The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 95 Yakima Municipal Code Page 83/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION I. There are special cireum. te,pogrefillooation-or surroufidi ty zone; 2. The-graot+rg-nf st agar-ionee-w N--not-be teteria}ly-cietritnenta •,,the ..bl: lfa "J eo. :;fietisAo-the- 3. Such a nce•is-the min+ nsidetfng4l mood-bazareke-afford--FelieF R. it a to. t tf 1d_Fe u ooa•1-hardship-dam, ;Ointtat;--md 5. The granting of suc :n_ __ul. i-- b. -Additional-threat$-to- lis-sa€ety; c. Creation of nuisances; pense;-or e. Conflicts-with-otherecisti-ng-locallpws-or-ordinances. AG. Addditio; of fie al•hat. ,Wity The Is!ii+ i tier-t'ec- their issuance. Fiaoses-as-ice • Varian^ , AG. Federal floc as-l '�d del3ted-by-Fef 17.09.030 Fish and wildlife habitat conservation area A. Purpose and Intent.The..........._e...fle. ;ys eni tolocies4tyflfol I}y . wihil-ifePolicies and standards to help conserve and protect fish and wildlife habitat conservation areas are designed to accomplish the following: 1. Meet the requirements of the Shoreline Management Act(Chapter 90.58 RCW)regarding the use of the most current,accurate and complete scientific and technical information that is applicable to the issues of concern; 2. Follow the regt+ireF -eonstfua, n-the-aipteki-boildin e The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 96 Yakima Municipal Code Page 84/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 4—Provide a netzero-csal-we , 2. Provide possible Require consideration of alternatives for necessary development,construction,and uses within fish and wildlife habitat conservation areas; 3. Prevent decline in the quantity and quality of surface and subsurface waters; 4. Conserve,restore,and protect fish and wildlife habitats,vegetation,and ecological relationships; 5. Protect fish and wildlife habitat conservation areas se^eiti*e mean of the st eam eeF i from the potential negative effects of development through coordinated land use planning;and 6. n,.ywideprotectien ernetucal wetland able... an vales Protect fish and wildlife habitat conservation areas through voluntary agreements or government incentives„an1 B. Protection Approach. 4 —To maintain fish and wildlife habitat,there must be adequate environmental conditions for reproduction, foraging,resting,eover,and dispersal of animals.Factors affecting both habitat and its quality include the presence of essential resources such as food,water,covernest-bailding-material ,and lack of disturbance and diseases.The city of Yakima protects fish and wildlife habitat through: al. Designation of fish and wildlife habitat conservation areas;and b2. n,feteeof.�ptis,abit t s l' ated^ QE e-water•Application of development standards based on the l•e 4-aya ab entos1 current,accurate and complete scientific and technical information seie„ee-to proposed activity and development in or near fish and wildlife habitat conservation areas. prewer-io . DESIGNATION AND MAPPING C. Designation.Fish and wildlife habitat conservation areas are those habitat areas that meet any of the criteria listed below: 1. Areas with which state and federal endangered,threatened,and sensitive species have a primary association, 2. Habitats and species of local importance; 3. Naturally occurrine ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat: 4. Waters of the state, including any required butlers and associated Federal Emergency Management Agencv-mapped floodplains and lloodways; 5. Lakes,ponds,streams,and rivers planted with game fish b} a governmental or tribal entity:and 6. State natural area preserves,natural resource conservation areas,and state wildlife areas. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 97 Yakima Municipal Code Page 85/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION t1 1 ,I n e: &-fl }l-l+a acd-aren-idenffied-by the Federal E er-gencv Management Agency IFEMAI ass d', tified_i,. 2, espoRfl+i Fier-el*y- attepe'' r Fe e-and-deelaFecl to-ire-pm:t of this chapter —1 eon and-inns...�r.... t Fearn euelt+Eling-epltemeral-streams.-ire.lading-the-str-earn-ptalin-abannel-and-aFl- secen4ar u-£pian33els^�'�•.m,,:n.4 ic-ec4ioor_ water ntttr'i; 3---Nat" •t1-1-, ng,p ,d. nder-twenty-ubres-turd-asseeiated-strbrnergee tamed. nd ade bakes eml-pondr ted wi ►in -etattnel; -1. A-ll wetlands-as-defined-inY-MC-1-741,0•9O; 3. "rri; ee4prone-rhea-i-n(lieni d by l; c c..il( easervatien Sewing soil: ,ta•a�and 6..---b f r'rea—fe-u-strrea,channei lake ,d,gym . D. Habitat and Habitats-Species of Local Importance. 1. adab-hats-of-kiet€-io poFtance-are-habi e -deelinine-popclation.sensi6vii ltabitat--mattiptr€ntieH--nf-other vales-make t en nt on a local l e t.tnbi ..e o y .habitat ele �iti.which a-hase4f' IRGIIkEI„ ,��.-,«nttl-rEtn" "Eie - `5BG38fiON-[tnd whi + i •kt444R hat the.. :fl nai nd-r nr, . er the€ong-teFtmAll species and habitats identified by Wl)FW's Priority Habitats and Species nroerann that may be found in the city of Yakima are designated as fish and wildlife habitat conservation areas and afforded protection under this chapter. 2. Species and habitats of local importance may be identified for protection under this chapter. State or local agencies,individuals or organizations may identify and nominate for consideration specific species and habitats,or a general habitat type,including streams,ponds or other features.Proponents shall have the burden of presenting evidence concerning the criteria set forth below.The nomination shall be processed once a year through the annual comprehensive plan amendment cycle. a. The decision for changes to species and habitats of local importance shall consider: i. Concern due to population status; ii. Sensitivity to habitat manipulation; iii. Importance to the local community;and iv. Criteria used to identify state priority species,which include: (A) State candidate species that are defined by WDFW Policy M-6001 to include fish and wildlife species that WDFW will review for possible listing as state endangered,threatened,or sensitive; (B) Vulnerable aggregations,which includes those species or groups of animals susceptible to significant population declines,within a specific area,by virtue of their inclination to aggregate; (C) Species of recreational,commercial,and/or tribal importance that are vulnerable;and (D) The economic impact both positive and negative to the applicant's property or surrounding property.Economic impact is to be determined by a properly qualified individual or firm using industry standards. b. Nominated habitats and habitats for species of local importance shall consider the following and must include maps to illustrate the proposal: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 98 Yakima Municipal Code Page 86/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION i. A seasonal range or habitat element which,if altered,may reduce the likelihood that the species will maintain or reproduce over the long term; ii. Areas of high relative density or species richness,breeding habitat,winter range,and movement corridors; iii. Habitat with limited availability or high vulnerability to alteration;and iv. Whether these habitats are already identified and protected under the provisions of this or other local ordinances or state or federal law. c. Habitat management recommendations shall be included for use in the administration of this section. 3. Development Standards.Projects located within habitats of local importance,or within two hundred feet of species of local importance,as designated in subsection(D)(1)of this section,shall meet the standards below' rather thnncomply with the applicable development standards in subsections H through 0 of this section.unle 1 also neoded f -.,hydro onioaUL,rel ted u_itieal .In addition.pProjects shall be designated using management recommendations established for the species or habitat by federal and state agencies,or those adopted for species and habitats of local importance by the city of Yakima.The department shall consider the extent such recommendations are used in its decision on the proposal,and may consider recommendations and advice from agencies with expertise. E. Functional Properties. 1. Stream , Aquatic fish and wildlife habitat conservation areas require a sufficient riparian area to support one or more of the following functional properties: a. Stream-Stabilizing banks ; b. Providing a sufficient shade canopy to maintain water temperatures that support fish and their habitat; c. Moderating the impact of stormwater runoff; d. Filtering solids,nutrients and harmful substances; e. Preventing Ssurface erosion-preventiea; f. Providing and maintaining migratory corridors for wildlife; g. Providing food in the form of various insects and other benthic macroinvertebrates; h. Supporting a diversity of wildlife habitats;or i. Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment. 2. Stream channels assist in one or more of the following functional properties: a. Groundwater recharge and/or discharge; b. Water transport; c. Sediment transport and/or storage; d. Biochemical functions; e. Channel migration and the protection of habitats;or The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 99 Yakima Municipal Code Page 87/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION f. Food and habitat. 3. Lakes,ponds and wetlands generally provide similar functions and generally provide one or more of the following functional properties: a. Biogeochemical functions that improve water quality; b. Hydrologic functions maintaining the water regime in a watershed(flood flow attenuation, decreasing erosion,and groundwater recharge);or c. Food and habitat. 4. Floodplains generally provide one or more of the following functional properties: a. Floodwater storage; b. Floodwater passage and the movement of high-velocity waters; c. Sediment storage and recruitment; d. Food and habitat; e. Nutrient sink and/or source;or f. Groundwater recharge and discharge. 5. Habitat for wildlife consists of the arrangement of food,water,cover,and space.Wildlife habitat generally includes one or more of the following functional properties: a. Reproduction and/or nesting; b. Resting and refuge; c. Foraging for food;or d. Dispersal and migration. 6. Some functions require larger areas,which may not be achievable due to existing development and construction constraints,especially in urban areas.In these instances,adjustments to the minimum standards to accommodate such constraints may be necessary.Where adjustments may be necessary,reductions of standards should be offset by enhancement,restoration or preservation measures which replace the lost functions or values or strengthen other functional values if replacement is not possible. F. StFeafflar Lakaa-aad•Pac(16Wahsr Typing System.For purposes of this chapter,the city of Yakima hereby adopts a stream,lake and pond typing system,for those features designated as critical areas in subsection C of this section as follows: 1. Type 1 stream:,waters are those waters,within their ordinary high water mark(OHWM),meeting the criteria as"shorelines of the state"and"shorelines of statewide significance"under Chapter 90.58 RCW.Other ye •rs n% sidled witli l'} cj_marylcumioso deracd Try I wailers: 2. Type 2 streamswaters are those puma ial,se,1nranid-bearirj surface water features which require protection due to the nature of their contributions to the functional properties listed in subsection E of this section and are considered"streams,lakes and/or ponds of local importance,"as listed in Appendix WA of this title; 3. Type 3 siNaffilivraicni include all perennial amstrinranid-beurina slruarms-surface water features within the city of Yakima not classified as Type 1 or 2(see YMC 17.01.090,"perennial stream"); The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 100 Yakima Municipal Code Page 88/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 4, Type 4 streamswaters are all intermittent streams-surface water features within the city of Yakima not classified as Type 1,2 or 3(see YMC 17.01.090,"intermittent stream"); 5. Type 5 .T:swaters are all ephemeral streams-surface water features within the city of Yakima not classified as Type 1,2,3 or 4.Type 5 streams are not regulated as streams-fish and wildlife habitat conservation areas(see YMC 17.01.090,"ephemeral stream");and 6. Lakes and Ponds. a. Lakes and ponds not designated as a shoreline that receive water from the OH WM of a Type 2,3,or 4 stream shall have the same surface water type as the highest stream type from which the lake or pond receives water. b. Natural lakes and ponds,not designated as a shoreline,that do not receive water from the OHWM of a Type 1,2,3,or 4 stream shall be Type 3 ponds. ponds. lE die 2 feter-efteed-i G. Maps.Certain fish and wildlife habitat and-Ijydrelveieal-y-related..sr4tieelconservation areas have been inventoried and are depicted on a series of paper and electronic maps.The maps do not officially define the extent or characteristics of specific critical areas, but rather the potential physical boundaries and characteristics.Maps may be both regulatory and nonregulatory in nature as described below: 1. Regulatory maps include any floodway or floodplain identified as a special flood hazard area by the Federal Emergency Management Agency(FEMA)as identified in the flood insurance studies(FIRMs). 2. Informational maps indicate the approximate presence,location and/or typing of the potential critical area. Informational maps include,but are not limited to,the following: a. Wetlands; b. Streams; c. Channel migration zone;and d. Species and habitats of local importance.Note:This map will be generated at such a time when the city of Yakima formally adopts a species or habitat of local importance. 3. Other nonregulatory information sources include maps or other data sources,but are not limited to: a. Comprehensive flood hazard management plans; b. Soil survey of the city of Yakima; c. Surface geologic maps; d. Historic and current aerial photo series;and e. Geohydraulic studies—geologic cross-sections showing aquifers and confining units. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 101 Yakima Municipal Code Page 89/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION GENERAL DEVELOPMENT STANDARDS H. Prohibited Uses.The following uses and activities are prohibited within a designated hydrologically related criticalfish and wildlife habitat conservation area: 1. Storage,handling,and disposal of material or substances that are dangerous or hazardous with respect to water quality and life safety; 2. The placement of mining tailings,spoilage,and mining waste materials,except for that associated with the mining of gravel; 3. The draining or filling of a wetland,lake or pond,except as provided for in YMC 17.07.060(B); 4. The removal and transport of material for fill outside of the stream corridor; 5. Site runoff storage ponds,holding tanks and ponds,and other similar waste disposal facilities.Note:This provision does not include regional wastewater plant facilities,collection pipes,septic systems approved by a local or state agency,and other related facilities; 6. Solid waste disposal sites; 7. Automobile wrecking yards; and 8. Fill for the sole purpose of increasing land area within the stream corridor;, n Yses lo..ted within,.ho floo E..ay r� •hnt are l.sie in YMQ 17 no n2e(K)-eHd 10 Us •_lo ated within the Flood..,1h.. I. General Policies and Standards.The following policies and standards shall apply to any development, construction,or use carried out within a designated fish and wildlife habitat conservation areahydrologically related critical area: 1. The ordinary high water mark of a stream or lake,and the edge of a wetland,shall be marked on the ground before any development,construction,or use is initiated; 2. Existing vegetation and any vegetative species pertinent to the critical area identified on the project site th~the trey rridor shall only be disturbed to the minimum extent possible; 3. Nesting areas and other sensitive habitat identified within a fish and wildlife habitat conservation area orshall be disturbed to the minimum extent possible; 4. Projects within the fish and wildlife habitat conservation area stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning,nesting,or other sensitive wildlife activities. Scheduling recommendations from the appropriate state and/or federal agency may be considered; 5. The following measures are incorporated into stormwater permits approved by a local,state or federal agency and transportation projects using the Stormwater Management Manual for Eastern Washington. Developments that do not require a stormwater permit shall also incorporate the following elements into project design: a. Excavation,grading,cut/fills,compaction,and other modifications which contribute to erosion of soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load; b. The removal of ground-cover vegetation,excavation,and grading shall be scheduled for periods when soils are the least vulnerable to erosion,compaction and movement unless suitable protective measures are used to prevent erosion; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 102 Yakima Municipal Code Page 90/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION c. Increases in impervious surface area,compaction of soil,changes in topography,and other modifications of land within a fish and wildlife habitat conservation area stream-cor #or shall provide on- site facilities for detention,control,and filtration if potential increases have been identified to occur; d. The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion;and e. Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established; 6. Prior to the approval of development,construction,or uses within a designated fish and wildlife habitat conservation areasefeat.11-60Mdef,any existing source of biochemical or thermal degradation identified as originating on the project property shall be corrected; 7. Facilities which use fertilizers,pesticides or herbicides shall use landscaping,low-risk products, application schedules,and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the fish and wildlife habitat conservation area dof; 8. Modifications to natural channel gradient,channel morphology,drainage patterns,and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters; 9. Development,construction,or uses within the fish and wildlife habitat conservation area stream corridor shall not alter or divert flood flows,cause channel shift,erosion,and increase or accelerate the flooding of upstream or downstream flood hazard areas; 10. Structures placed in close proximity to the outer edge of bends in stream channels shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration; 11. The Department of Ecology and adjacent communities shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency; 12. Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood- carrying capacity is not diminished; 13. Development shall not obstruct,cut off,or isolate fish and wildlife habitat conservation area stream corridor features; 14. Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership;and 15. Projects-leseEed-withits4be-tleed-way-must meet the requifements of YMC 17 nn O2O( ti_and 4415. Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities(excluding approved permanent use areas)shall be repaired at the completion of construction using the reclamation found in subsection P of this section. WATER DEPENDENCY DEVELOPMENT STANDARDS AND BUFFER REQUIREMENTS J. Use Classifications.For purposes of this section,the components of any development,construction,or use requiring a critical area development authorization shall be classified as provided below,and shall conform to the development standards applicable to the classification provided in subsections K through N of this section: 1. Water-oriented uses are one of the following three categories of uses,as defined in YMC 17.01.090: water-dependent,water-related,or water-enjoyment,or a combination of such uses. 2. Nonwater-oriented uses include any use not qualifying as uses in subsection(J)(1)of this section. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 103 Yakima Municipal Code Page 91/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION K. Water-Dependent Uses.The following provisions shall apply to water-dependent uses: 1. Structures shall be clustered at locations on the water's edge having the least impact to the surface water and shore. 2. Use areas and structures which require direct shore locations shall be located and constructed to minimize impacts to the shore area and the vegetative buffer specified in subsection 0 of this section. 3. Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of normal public navigation of the surface water. L. Water-Related Uses.The following provisions shall apply to water-related uses: 1. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water. 2. Structures and use areas shall not be located within the vegetative buffer specified in subsection 0 of this section except where existing development or the requirements associated with the use make such a location unavoidable. M. Water-Enjoyment Uses.The following provisions shall apply to water-enjoyment uses: 1. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water. 2. Structures and use areas may be located within the vegetative buffer specified in subsection 0 of this section;provided,that the location and construction shall be conducted to minimize impacts to the shore area and the vegetative buffer. N. Nonwater-Oriented Uses.The following provisions shall apply to nonwater-oriented uses: 1. Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in subsection 0 of this section. 2. Construction abutting the vegetative buffer specified in subsection 0 of this section shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer. O. Vegetative Buffers.The establishment of a vegetative buffer system is necessary to protect the functions and values of ;1..iti k•Fti- rm' treams,lakes,and ponds (ere.Iistad.n-Table 09.030-1). See YMC 17.09.040 for wetland buffer regulations. 1. Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes,and ponds. The width of the buffer shall be determined according to the simata„a1ertype. 2. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area. a. If the vegetation is degraded,then revegetation may be considered with any adjustment to the buffer width. b. Where the use is being intensified,a degraded buffer may be revegetated to maintain the standard width. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 104 Yakima Municipal Code Page 92/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION Table 09.030-1.Standard l+tream-Water Type Buffers Stream-Water Buffer Width Type Type 1 shoreline- High Intensity: streams--and lakes Streams:75' Lakes:50' Essential Public Facilities: 100' Floodway/CMZ: 100' Shoreline Residential: Streams:80' Lakes:20' Urban Conservancy: 100' Type 2 streams, 75100' latesi-find-Pends Type 3 atrrarrrs- 50' lcrenniath-Iakek IHrd-p91ir15 Type 4 streams- 25' tintermittent), lake*-anri-t►enrls Type 5 streams- No butler standards.Type 5 streaats•watc are not regulated as streanrstislt and%Miil'e hahital (ephemeral) conservation areas,but may be protected under geologically hazardous area,floodplain, stormwater,construction,grading or other development regulations. 3. Where a legally established road or railway crosses a shoreline or critical area buffer,the shoreline administrator may approve a modification of the minimum required buffer width to the waterward edge of the improved road if a study submitted by the applicant and prepared by a qualified professional demonstrates that the part of the buffer on the upland side of the road sought to be reduced: a. Does not provide additional protection of the shoreline waterbody or critical area;and b. Provides insignificant biological,geological or hydrological buffer functions relating to the waterward portion of the buffer adjacent to the shoreline waterbody or critical area. If the improved roadway corridor is wider than twenty feet,a study is not required. 4. Buffer averaging to improve stream,lake orpond protection may be permitted when all of the following conditions are met: a. The stream or riparian corridor has significant differences in characteristics that affect its habitat functions. b. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the stream, lake or pond and decreased adjacent to the lower-functioning or less sensitive portion as demonstrated by a critical areas report from a qualified professional. c. The total area of the buffer after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than three-quarters of the required width. 5. Buffer averaging to allow reasonable use of a parcel may be permitted when all of the following are met: a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. b. The averaged buffer will not result in degradation of the stream or riparian corridor's functions and values as demonstrated by a critical areas report from a qualified professional. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 105 Yakima Municipal Code Page 93/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION c. The total buffer area after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than three-quarters of the required width. 6. All other proposals to reduce a stream, lake or pond buffer width may only be approved through the shoreline variance process. P. It elaffiatioaRestoration.The following guidelines shall apply to the rd .restoration of disturbed sites resulting from development activities within a designated hydr-ologleal-ly-Felated-efitioalfish and wildlife habitat conservation area: 1. Development,construction,or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition that prevents degradation; 2. Large-scale projects that extend over several months shall be phased to allow reclamation of areas where work or operations have been completed; 3. liee-lainatkni-Restoration shall be scheduled to address precipitation,meltwater runoff,the growing season,and other seasonal variables that influence restoration and recovery; 4. Topography shall be finished to grades,elevations,and contours consistent with natural conditions in adjacent and surrounding areas; 5. Where existing development and construction prevent return of a site to its natural condition,sites may be finished to conditions comparable to surrounding properties provided suitable protective measures are used to prevent s :or-r-ider-degradation of fish and wildlife habitat conservation areas; 6. Cut-and-fill slopes shall be stabilized at,or at less than,the normal angle of repose for the materials involved;and 7. For the replacement or enhancement of vegetation within fish and wildlife habitat conservation areas and their mad-required vegetative buffers-natar ;eg,native plant species shall be used -- u a of Ilae-stFeanr-naturally-seenr-Fing nat,Fue-Y!nt speales shnu, ed;unless a showing of good cause acceptable to the administrative official or designee is provided.Should good cause be shown,then self-maintaining or low-maintenance plant species compatible with the native vegetation shall be used in place of nonnative and high-maintenance species. 17.09.040 Wetlands. A. Purpose and Intent.The purpose and intent of the provisions protecting wetland critical areas is equivalent to the purpose and intent for YMC 17.09.030. B. Designating and Mapping. 1. Wetlands. shall be delineated using the procedure outlined in the approved federal wetland delineation manual and applicable regional supplements. 2. Wetlands are all areas meeting the definition for wetlands as defined in YMC 17.01.090 and are hereby designated critical areas which are subject to this chapter,except the following: a. Irrigation systems that create an artificial wetlands;and b. Areas where changes in irrigation practices have caused wetland areas to dry up. 3. The approximate location and extent of wetlands are shown on maps maintained by the city of Yakima. These maps may include information from the National Wetlands Inventory produced by the U.S.Fish and Wildlife Service and are to be used as a guide for the city of Yakima. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 106 Yakima Municipal Code Page 94/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION C. Protection Approach.Wetlands will be protected using the protection approach for hydrologically related criticalfish and wildlife habitat conservation areas found in YMC 17.09.030(B).Wetlands and their functions will be protected using the standards found in this section and in YMC 17.09.030. D. Wetland Functions and Rating. 1. Wetlands are unique landscape features that are the interface between the aquatic and terrestrial environments.Wetlands provide the following functions: a. Biogeochemical functions,which improve water quality in the watershed(such as nutrient retention and transformation,sediment retention,metals,and toxics retention and transformation). b. Hydrologic functions,which maintain the water regime in a watershed,such as: flood flow attenuation,decreasing erosion,and groundwater recharge. c. Food and habitat functions,which include habitat for invertebrates,amphibians,anadromous fish, resident fish,birds,and mammals. 2. Wetlands shall be rated based on categories that reflect the functions and values of each wetland and shall be based on the criteria provided in the Washington State Wetland Rating System for Eastern Washington, revisedMace13�0-7October 2014(Ecology Publication Number 01 06 1114-06-030,or as revised)which are summarized below. a. Category I wetlands are those that I)represent a unique or rare wetland type;or 21 are more sensitive to disturbance than most wetlands;or 3}are relatively undisturbed and contain ecological attributes that are impossible to replace in a human lifetime:or 41 provide a high level of functions.Risk of any degradation to these wetlands must be avoided because their functions and values are too difficult to replace.Generally,these wetlands are not common and make up a small percentage of the wetlands in the region. t at a difcult• place, (ioneraUy these wetktnds a or c .d mako. .ell r the,.etlead. withhin-the,e.ity of_Yakima Tlie folk wing wetlands are classified as Category 1- V/eila tam a ed) th W h on et to W tland k: "'ii}�+-5@V .a-.�rc"`m"ar�iv�a TT'+t-rne��-'mc trirtTE"'-rvrrvnrs�.errarrt- ii. Alkali wetlands; III. Natu .e.,;ta..e wetlands..,,e.lands-identi fied _ as ' 1-Resourees- iv. Bogs. b. Category II wetlands are difficult but not impossible to replace and provide high levels of some functions.These wetlands occur more common than Category I wetlands.but still need a relatively high level of protection. . ii. Unasseeiated. el„ ols .;d c. Category III wetlands are wetlands with a moderate level of functions and can often be adequately replaced with a well-planned mitigation project.These wetlands generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category 11 wetlands. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 107 Yakima Municipal Code Page 95/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION ire: and ii. Associated vernal p+Mils: d. Category IV wetlands have the lowest levels of functions_ WAS ategR IV wetlands-and are often heavily disturbed replaced.These are wetlands that should be able to be replaced and,in sonic cases,improved.However. experience has shown that replacement cannot be guaranteed in any specific case.These wetlands may provide some important functions and also need to be protected. 3. Wetlands shall be rated as they exist on the day of project application submission.Information regarding the original condition of illegally modified wetlands that cannot be discerned from aerial photographs or other reliable information sources shall use the highest appropriate points value within each missing data field of the Washington State Wetland Rating System for Eastern Washington""'�., W rating sheet to complete the rating. E. Wetland Buffers. 1. Buffer Requirements. The following buffer widths have been established in accordance with the most current,accurate and complete scientific and technical information.They are based on the category of wetland and the habitat score as determined by_a qualified professional using the Washington Slate Wetland Rating System for Eastern Washington:201-1 Update tEcology Publication#14-06-030,or as revised).The adjacent land use intensity is assumed to be high. a. For wetlands that score five points or more for habitat function,the buffers in Table 09.040-1 can be used if both of the following criteria are met: 1. A relatively undisturbed,vegetated corridor at least one hundred feet wide is protected between the wetland and any other priority habitats as defined by the Washington State Department of Fish and Wildlife thttp:/Iwdfw.wa.govlhab/phshabs.html. The corridor must be protected for the entire distance between the wetland and the priority habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist.If no option for providing a corridor is available.'Table 09.040-I may be used with the required measures in Table 09.040-2 alone. 2. The measures in Table 09.040-2 are implemented,where applicable,to minimize the impacts of the adjacent land uses. b. For wetlands that score three to four habitat points,only the measures in Table 09.040-2 are required for the use of Table 09.040-1. c. If an applicant chooses not to apply the mitigation measures in Table 09.040-2,or is unable to provide a protected corridor where available,then Table 09.040-3 shall be used. d. The buffer widths in Tables 09.040-1 and 09.040-3 assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated,sparsely vegetated.or vegetated with invasive species that do not perform needed functions,the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 108 Yakima Municipal Code Page 96/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION Tahl 09,040-1:Wetland Buffer Requirements if Table 09.041J-2 Is Implemented and Corridor Provided Buffer Width(feet)based on habitat score Weiland('atct;on• 3-5 6-7 8-9 Categori I Rased on total sore 75 110 150 Category 1:I•orested 75 110 150 Category I;Bogs and wetlands of 190 high conservation value -- Calcstory l:Alkali 150 Category Il.Leased on total score 75 110 150 (.-ategop II Verna!pool 150 Calestory II-Forested 75 110 150 Category'III(all) 60 110 150 Category IV(all) 40 -fable 27,6119.040.2:Require[):Measures in Minimise lmoacts to Weil ands Disturbance Required 1lcasures in M' ' 're Impacts Lights • Direct lights assay from wetland Noise • Locate activity hlt generates noiw.uwnv from Deland • If warranted,enhance yxisttngbuffer with llttnYev nation for_•ilannnr djscent to noise source • For activities that generate relatively continuous.potentially disruptive noise,.such as certain heave industry or mining,establish an additional 10 fixn heavily vegetated butler strio immediately adjacent to the outer wetland,hull'c,•r, Toxic runoff • Route all new,ontreaiuj nuf)'awav from wetland while ensunng wetland is not dewatcres1 • Establish covenants limtupg use of pesticides within 150 feet of wetland • Apply inteur mans men Stonawater • Retrofit siormwater detention and treatment nmoff for roads and existing adjacent.develonmem • Prevent channelized flow from lawns that directly enters the butler • Use low intensity development techniques Changes in • Infiltrate or treat.detain.aiid d rtic into_ water regime buffer new rui(uffIr'om impervious surfaces said new lawns Pets and human • Use nrivacy fencine OR plant dense vegetation disturbance Io delineate huller edge and to discourage disturbance using vegetation woman-ate for the ecoregion • Place wetland and its butler in a si nj rate tract or protect with a conservation easement Dust use best management practices to control dust The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 109 Yakima Municipal Code Page 97/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 1 119.040-3:Wetland Buffer Reuuiremenrs if Table 09.040-2 Is NOT lutplemenled and Corridor NOT Provided Buffer Width(feel)based on habitat score Wetland Category 3=5 6-7 8=9 C atcgoivJ Based en total score 100 150 200 Categotti 1 horesteji 100 150 200 i.:aeaory 1.Bogs and wetlands of 250 high canservutton value — S ateeyry I.Alkali 211 Category II.l3u,Ved on total score inn 150 200 Cateaon II Vernal nonl 200 C'ategory IL Forested h 100 l54 200 Category Ill(all) 80 150 200 Category[V(all) 50 e. Increased Wetland Buffer Area Width.Buffer widths shall be increased on a case-by-case basis as determined by the administrative official when a larger buffer is necessary to protect wetland functions and values.This determination shall be supported by appropriate documentation showing that it is r asonably related to protection of the functions and values of the wetland.This documentation shall include,but not be limited to,the following criteria; i. The wetland is used by a state or federally listed plant or animal species,or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees;or ii. The adjacent land is susceptible to severe erosion,and erosion-control measures will not effectively prevent adverse wetland impacts;or iii. The adjacent land has minimal vegetative cover or slopes greater than thirty percent. f. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met: i. The wetland has significant differences in characteristics that affect its habitat functions,such as a wetland with a forested component adjacent to a degraded emergent component or a"dual-rated" wetland with a Category I area adjacent to a lower-rated area. ii. The buffer is increased adjacent to the higher-functioning area of habitat or more-sensitive portion of the wetland and decreased adjacent to the lower-functioning or less-sensitive portion as demonstrated by a critical areas report from a ettalitied wetland professional. iii. The total area ot'the buffer after averaging is equal to the area required without averaging. iv. The buffer at its narrowest point is never less than either three-quarters of the required width or seventy-five feet for Categories I and It, fifty feet for Category III,and twenty-five feet for Category V_,whichever is greater. g. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 110 Yakima Municipal Code Page 98/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION i. There are no feasible alternatives to the site design hat could lie accomplished without buffer averaging. ii. The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report from a qualified wetland professional. iii. The total buffer area of the buffer after averaging is equal to the area without averaging. iv. The buffer at its narrowest point is never less than either three-quarters of the required width or seventy-five feet for Categories I and II, fifty feet for Category Ill,and twenty-five feet for Category IV,whichever is greater. 2. To facilitate long-range planning using a landscape approach,the administrative official may identify and preassess wetlands using the rating ystent and establish appropriate wetland buffer widths for such wetlands. The administrative official will prepare maps of wetlands that have been['reassessed in this manner. 3. Measurement of Wetland Buffers.All butTers shall be measured perpendicular from the wetland boundary as surveyed in the field.The buffer for a wetland created.restored,or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created,restored, or enhanced wetland. Butlers must be fully vegetated in order to be included in buffer area calculations.Lawns, walkways,driveways,and other mowed or paved areas will not be considered buffers or included in buffer area calculations. 4. Buffers on Mitigation Sites.All wetland mitigation sites shall have buffers consistent with the buffer requirements of this chapter.Buffers shall be based on the expected or target category of the proposed wetland mitigation site 5. Buffer Maintenance.Except as otherwise specified or allowed in accordance with this chapter.wetland buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive nonnative weeds is required for the duration of the mitigation bond,YMC 17.07.040(F)(10)(b l(i)(10). 6. Impacts to Buffers. Requirements for the compensation for impacts to buffers are outlined in YMC 17.09.040(F). 7. Overlapping Critical Area Buffers.If buffers for two contiguous critical areas overlap(such as buffers for a stream and a wetland,the wider buffer applies. 8. Allowed Buffer Uses.The following uses may be allowed within a wetland buffer in accordance with the review procedures of this chapter,provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: a. Conservation and Restoration Activities.Conservation or restoration activities aimed at protecting the soil,water,vegetation,or wildlife. b. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical area report,including: I. Walkways and trails,provided that those pathways are limited to minor crossings having no adverse impact on water quality.They should be generally parallel to the perimeter ot'the wetland, located only in the outer twenty-five percent of the wetland buffer area,and located to avoid removal of significant trees.They should be limited to pervious surfaces no more than five feet in width for pedestrian use only.Raised boardwalks utilizing nontreated pilings may be acceptable. 2. Wildlife-viewing structures. c. Educational and scientific research activities. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 111 Yakima Municipal Code Page 99/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION d. Normal and routine maintenance and repair of any exisfingpublic or private facilities within an existing right-of-way,provided that the maintenance or repair does not increase the footprint or use of the facility or right-of-way. e. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops. chemical applications,or alteration of the wetland by changing existing topography,water conditions,or water sources. f. Drilling for utilities/utility corridors under a buffer,with entrance/exit portals located completely outside of the wetland buffer boundary,provided that the drilling does not interrupt the groundwater connection to the wetland or percolation of surface water down through the soil column.Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column is disturbed. e. Enhancement of a wetland buffer through the removal of nonnative invasive plant species.Removal of invasive plant species shall be restricted to hand removal.All removed plant material shall be taken away from the site and appropriately disposed of.Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate for that species.Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species. h. Repair and maintenance of nonconforming uses or structures,where legally established within the buffer.provided they do not increase their degree of nonconformity. 9. Signs and Fencing of Wetlands and Buffers. a. Temporary Markers.The outer perimeter of the wetland buffer and the elearjttg limits identified by an approved permit or authorization shall1)e marked in the field with temporary"clearing limits"fencing in such a way as to ensure that no unauthorized intrusion will occur.The marking is subject to inspection by the administrative official prior to the commencement of permitted activities.This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs,if required. are in place. b. Permanent Signs.As a condition of any permit or authorization issued pursuant to this chapter,the administrative official may require the applicant to install permanent signs along the boundary of a wetland or buffer. I. Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or other nontreated material of equal durability.Signs must be posted at an interval of one every fitly feet, or one per lot if the lot is less than fifty feet wide,and must he maintained by the property owner in perpetuity.The signs shall be worded as follows or with alternative language approved by the administrative official: Protected Wetland Area Do Not Disturb Contact the City of Yakima Regarding Uses. Restrictions,and Opportunities for Stewardship 2. The provisions of subsection f E1f411a)may be modified as necessary to assure protection of sensitive features or wildlife. c. Fencing. I. The applicant shal I be required to install a permanent fence around the wetland or buffer when domestic grazing animals arc present or may be introduced on site. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 112 Yakima Municipal Code Page 100/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 2. Fencing installed as part of a proposed activity,or as required in this subsection,shall be designed so as not to interfere with species mitigation,including fish runs,and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. a-. Vegetati„e buff Fs staf f t a fre the edd f the wetly a Thy width_of the bu f ffe hall- +�v..�ircc'[iuivv-n-vnr�a�rcc �c�' - c-r�narr be-determitied-according ter mswe peT 09.040-� below. nn 010 2 .he .,neat l. t,�,n.�imi to tae: ctom o fthe adjacent lend. safes-tR , _ wh .,.ii:..at:.nmea .ld be a hundred f of bum r l-y-intaei-na4i.Ye he-irteu 4il t- oFitisal-aree-- ide ed witha , .,tiii-mtment-te- tl,e buffer width, b. Wheresfiens T-tibtr09:0-10-1sihmthrrfN4rtixiid-it ffe►+ Addlllonet-t uffec-width-f - �;tnaethrtt3S�Fr�e wetiaud ores 21 25- weitxxd-seeres-26-29- Wetl..t...d-Category Width- itithililt-peixh- ltxbiltd-peHt}9` habitxt-peints- .Cdtegor '�. ,-Bx; iJ on;otxI-nice- 75 ft Add 15 ft Add 45 ft Add 75 ft C-ategot.y4t-Far-erred- 75 ft Add 15 ft Add 45 ft Add 75 ft C-ategotegs- 190 ft NA NA NA C...eget t a.u..,t: 44041 N/A NA NA fixle l t"4xiu*s!-Hewlxge- -1-90I1 N/A NA NA 44dand- €degee..tt, ftwied.*R4..�o_e 75 ft Add 15 ft Add 45 ft Add 75 ft Gi .nnl-pnal- -1-50 NA NA NA r..tcger.,II:Forested 75 ft Add 15 ft Add 45 ft Add 75 ft Gstrxary-141-11014- 60-4 Add30-ft Add-60-ft NA C V alth 4041 NA NA NA The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 113 Yakima Municipal Code Page 101/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION Txi►ic-49,4140-2,-Rettoiteti-tnens..a, to-ninicaike-initioets-tawMLii+itiu Disturbonee- Required-%Ie swres-to-MIni tieeiittpaets- Lights- 1i.nnei hghts-oe.y f e w1.,..A se- • w -from .otk*ita� • tfwarmntcd-dilicin!e ext:.i t-to-nowe-sinifee- ▪ l;or-astiei iesahat-genenite-Fenotiwly--enntirnu..tis:-petentially-disrapt ig, Toxic-runoff- • Ritate-alinewrinuteateti-tunoff-awny-from-wthiond-while-onstinag-weinunits-nrutiewateted- - itype.. ....i•.,..,-1:...ein.....:l1,.n l rn Ice!. _.ei.....i I • Apttb t nteegnm'eee esi-nu#Htgefneni- • Rettu n it"elai+-ti1zttet-dretetii+or onii ;; e t--tor fixed~a elopnwni- • Proveni-e hatinoi teti-i+ow horn-mums-- :.L....cd:..n ecii-hie 1n.4Yo. • t i �t s en iefdepmen!-!ee itne n7 a(p r PSAT-puuncation on lii)-ieclicoutte:st- C_h.. inlil do ,.nd-clisperse i ffer- u ..... roni-Fn persso s. ttii-nee.4owns- Pets-nfttl-hu • l 1....p_yuoy r_o:ng )4 l t! etauon-4o-4ein enteitniIii-e antl-icidi ettUnige-fitSHkrhanev iii;ing„-vegetation- disturbnnee- Feppterriate-for-the-eeoreg*ec - • Pliacce.weal.nd and;ts-lf_... Dust- 1.r,e esiinunage Went-{nracticeo olio ttrel-dust- Disrittition ofeurrllierF • M9RiFBu-ee Reeuon: na.,vis irbou- or•roUneciinFk% .,ditio et. w-a- "dual edr+ etl..nd w:th..Catcgo_y i a edit nt t tower _ ed e . Tl he-hU-ffer is-ificreesed-acdijacent-to-the high r functionin. .f .b:at seasit ire-pe t41e-wets at e. The total ne-heffer titter-ate Tequal-te4he-area--fee}t wi#hout- averaging. d. The huffs uired- f..Category Iv whichever: eater eds rithin the bufer, .,be .ith a alley buff r 7. All other-proposals to reduc-e-a-weiland-buffer-may-o y-he-approved4hrough-the-shor-e4i e- F. Compensatory Mitigation. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 114 Yakima Municipal Code Page 102/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 1. Mitigation Sequencing.Before impacting any wetland or its buffer,an applicant shall demonstrate that the following actions have been taken.Actions are listed in the order of preference: a. Avoid the impact altogether by not taking a certain action or parts of an action. b. Minimize impacts by limiting the degree or magnitude of the action and its implementation,by using appropriate technology,or by taking affirmative steps to avoid or reduce impacts. c. Rectify the impact by repairing,rehabilitating,or restoring the affected environment. d. Reduce or eliminate the impact over time by preservation and maintenance operations. e. Compensate for the impact by replacing.enhancing,or providing substitute resources or environments. f Monitor the required compensation and take remedial or corrective measures when necessary. 2. Requirements for Compensatory Mitigation. a. compensatory mitigation for alteration to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions.Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State- Part 2:Developing Mitigation Plans—Version I (Ecology Publication No.06-06-01 lb.Olympia,WA,March 2006 or as revised),and Selecting Wetland Mitigation Sites Using a Watershed Approach(Eastern Washinon),(Publication No. 10-06-07.November 2010). b. Compensation ratios may also be determined using the credit/debit tool described in"Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington:Final Report" (Ecology Publication No. 11-06-015,August 2012),consistent with subsection(F)(91 of this section. 3. Compensating for Lost or Affected Functions.Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions.'I'he goal shill be for the compensatory mitigation to provide similar wetland functions a those lost, except when either; a. The lost wetland provides minimal functions,and the proposed compensatory mitigation actionls) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol:or b. Out-of-kind replacement of wetland type or functions will best meet watershed goals formally identified by the city,such as replacement of historically diminished wetland types. 4. Appraaches to Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on the approaches listed below. NOTE:Changes made to previously approved 1.4.a text below to add flexibility per Ecology suggestion. a. Wetland Mitigation Banks.Credits from a certified wetland mitigation bank may he used to compensate for impacts consistent with the terms of the certified mitigation bank instrument.Use of credits from a wetland mitigation bank certified under Chapter 173-700 WAC is allowed if: i. The shoreline administrator determines that it would provide appropriate compensation for the proposed impacts; ii. The impact site is located in the service area of the bank or,i f approved by Ecology,the bank's Interagency Bank Review Teanm,and the shoreline administrator,outside of the service area; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 115 Yakima Municipal Code Page 103/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION iii. The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument;and w. Compensation ratios for projects using_bank credits is consistent with compensation ratios specified in the certified mitigation bank instrument. b. In-Lieu Fee Mitigation.Credits from an approved in-lieu-fee program may be used when all of the following apply: i. The shoreline administrator determines that it would provide environmentally appropriate compensation for the proposed impacts. ii. The proposed use of credits is consistent with the terms and conditions of the approved in-lieu- lee pro_gratn instrument. iii. Projects using in-lieu-fee credits shall have debits associated with the proposed impacts calculated by the applicant's qualified wetland professional using the credit assessment method specified in the approved instrument for the in-lieu-fee program. iv. The impacts are located within the service area specified in the approved in-lieu-fee instrument. c. Permiltee-Responsible Mitigation. In this situation,the permittee performs the mitigation after the permit is issued and is ultimately responsible for implementation and success of the mitigation.Permittee- responsible mitigation may occur at the site of the permitted impacts or at an off-site location within the same watershed.Permittee-responsible mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that the proposed approach is ecologically preferable to use of bank or ILF program,consistent with the criteria in this section. 5. Types of Compensatory Mitigation.Mitigation for lost or diminished wetland and buffer functions shall rely on a type listed below in order of preference.A Lower-preference form of mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that all higher-ranked types of mitigation are not viable,consistent with the criteria in this section. a. Restoration.The manipulation of the physical,chemical,or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland.For the purpose of tracking net gains in wetland acres.restoration is divided into: 1. Reestablishment.The manipulation of the physical,chemical,or biological characteristics of a_ site with the goal of returning natural or historic functions to a former wetland.Reestablishment results in a gain in wetland acres(and functions).Activities could include removing fill material,plug jg!tg_ ditches,or breaking drain tiles. ii. Rehabilitation.The manipulation of the physical,chemical.or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland.Rehabilitation results in a gain in wetland function but does not result in again in wetland acres.Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. b. Establishment(Creation).The manipulation of the physical.chemical,or biological characteristics of a site to develop a wetland on an upland or deepwater site wJtere a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hvdroperiod,create hydric soils,and support the growth of hydropitytic plant species. i. If a site is not available for wetland restoration to compensate for expected wetland andior buffer impacts,the approval authority may authorize creation of a wetland and buffer upon demonstration by the applicant's qualified wetland professional that: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 116 Yakima Municipal Code Page 104/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 1. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation ofa wetland at the site will not likely cause hydrologic problems elsewhere; 2. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer(e.g.,due to the presence of invasive plants or noxious weeds.stormwater runoff,noise,light,or other impacts};and 3. The proposed wetland and buffer will eventually be self-sustaining with little or no long- term maintenance. NOTE: More significant changes made to previously approved F.5.c text below based on updated guidance issued by Department of Ecology in April 2021: Wetland Mitigation in Washington State,Part 1:Agency Policies and Guidance(Version 2) https://apps.ecology.wa.gov/publications/documents/2I06003.pdf c. Protection/Maintenance(Preservati n).Removing a threat to,or preventing the decline of,wetland conditions by an action in or near a wetland.This includes the purchase of land or easements,or repairing water control structures or fences.This term also includes activities commonly associated with the term "preservation"Preservation does not result in a gain of wetland acres.Preserving at-risk,high-quality wetlands aspart ofa compensatory mitigation plan may be allowed when all of the following numbered criteria are met: i. The approval authority determines that the proposed preservation is the best mitigation option; ii. The proposed preservation site is under demonstrable threat of destruction,adverse modification, or substantive degradation due to permitted,planned.or likely actions on-or off-site that will not be adequately mitigated under existing regulations; iii. The area proposed for preservation is of high quality or critical for the health and ecological sustainability of the watershed or basin.Some of the following features may be indicative of high- quality sites: I. Category I or it wetland rating(using the current version of the Washington State Wetland Rating System for Eastern Washington). This includes Wetlands of High Conservation Value as identified by Washington Department of Natural Resources'Natural Heritage Program; 2. Rare or irreplaceable wetland type(for example,peatlands,mature forested wetlands, vernal pools.alkali wetlands)or aquatic habitat that is a rare or a limited resource in the area; 3. Habitat for threatened or endangered species(state and federal):ei- 4. Provides biological and/or hydrological connectivity; 5. Of regional or watershed importance(e.g.,listed as priority site in a watershed,salmon recovery,or basin plan); 6. Large size with high species diversity(plants,animals,or both),high abundance of native species,or both;or 7. A site that is continuous with the head of a watershed,or with a lake or pond in an upper watershed that significantly contributes to hydrologic processes and water quality. iv. Permanent protection of the wetland and buffer will be provided through a conservation easement or tract held by an appropriate natural land resource manager,such as a land trust. The approval authority may approve other legal and administrative mechanisms in lieu ofa conservation easement if it determines they are adequate to protect the site. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 117 Yakima Municipal Code Page 105/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION v. The site has adequate buffers to ensure that the preserved wetland will not be degraded over time. The buffer width and vegetative condition must be sufficient to protect the wetland and its functions from encroachment and degradation. Existing and potential future land uses(based on current zoning designations)dictate the width necessary for a buffer that is adequate to protect the wetland and its functions;see buffer widths in Chapter 6C in Wetland Mitigation in Washington State —Part 1:Agency Policies and Guidance(Version 2). Ecology Publication N21-06-003.as revised. d. Enhancement.The manipulation of the physical_chemical,or biological characteristics of a wetland site to heighten.intensify.or improve specific function(s)or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, floodwater retention,or wildlife habitat,Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions,but does not result in a gain in wetland acres.Activities typically consist of planting vegetation,controlling nonnative or invasive species. modifying site elevations or the proportion of open water to influence hvdroperiods,or some combination of these activities.Applicants proposing to enhance wetlands or associated buffers shall demonstrate how the proposed enhancement will increase the wetland's/buffer's functions,how this increase in function will adeouately compensate for the impacts,and how existing wetland functions at the mitigation site will be protected. 6. Location of Compensatory Mitigation.Compensatory mitigation actions shall generally be conducted within the same sub-drainage basin and on the site of the alteration except when the applicant can demonstrate that off-site mitigation is ecologically preferable.The following criteria will be evaluated when determining whether the proposal is ecologically preferable. When considering off-site mitiation.preference should be given to using alternative mitigation,such as a mitigation bank,an in-lieu-fee program,or advance mitigation. a. There are no reasonable opportunities on site or within the sub-drainage basin(e.g..on-site options would require elimination of high-functioning upland habitat).or opportunities on site or within the sub- drainage basin do not have a high likelihood ot'success based on a determination(lithe capacity of the site to compensate for the impacts.Considerations should include:anticipated replacement ratios for wetland mitigation.buffer conditions and proposed widths,available water to maintain anticipated hydrogeomorphic classes of wetlands when restored,proposed flood storage capacity.and potential to mitigate riparian fish and wildlife impacts(such as connectivity); b. On-site mitigation would require elimination of high-quality upland habitat. c. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the altered wetland. d. Off-site locations shall be in the same sub-drainage basin unless: i. Established watershed goals for water duality,flood storage or conveyance,habitat.or other wetland functions have been established by the city and strongly justify location of mitigation at another site;or ii. Credits from a state-certified wetland mitigation bank are used as compensation,and the use of credits is consistent with the terms of the certified bank instrument, iii. Fees are paid to an approved in-lieu fee program to compensate for the impacts. e. The design for the compensatory mitigation project needs to be appropriate for its location(i.e., position in the landscape).Therefore,compensatory mitieation should not result in the creation. restoration,or enhancement of an atypical wetland. 7. Timing of Compensatory Mitigation.it is preferred that compensatory mitigation projects be completed prior to activities that will disturb wetlands.At the least,compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the action or development.Construction of mitication projects shall be timed to reduce impacts to existing fisheries.wildlife,and tlora. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 118 Yakima Municipal Code Page 106/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION a. The administrator may authorize a one-time temporary delay in completing construction or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified wetland professional as to the rationale for the delay.An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties(e.g..project delay lapses past a fisheries window,or installing plants should be delayed until the dormant season to ensure greater survival of installed materials).The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation,and the delay_ shall not be injurious to the health,safety,or general welfare of the public.The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the compensatory mitigation plan.The justification must be verified and approved by_ the city. NOTE: More significant changes made to previously approved F.8 text below based on updated guidance issued by Department of Ecology in April 2021: Wetland Mitigation in Waslrinjiton State,Part 1:ARencr Policies and Guidance(Version 2)https://apps.ecology,wa.gov/publications/documents/2106003.pdf. These changes generally provide more clarity and flexibility,as well as emphasizing the value of preservation as a mitigation strategy. 8. Wetland Compensation Ratios. a. The following ratios in Table 09.040-4 shall apply to permittee-responsible compensation that is in- kind,is the same or higher category as the impacted wetland,is the same hydrogeomorphic class as the impacted wetland,is timed concurrent with alteration,and has a high probability of success. b. These ratios do not apply to remedial actions resulting from unauthorized alterations:greater ratios shall apply in those cases. c. These ratios do not apply to the use of credits from a state certified wetland mitigation bank,use of an iLF program,or advance mitigation implemented by the permittee. When credits from a certified bank or 1 L.F program are used,compensation ratios should be consistent with the requirements of the bank's or program's certification. Ratios applicable to advance mitigation shall be determined on a case-by-case basis in consultation with state and/or federal agencies. d. The first number specifies the acreage of compensatory mitigation replacement wetlands and the second specifies the acreage of wetlands altered. e. When combining mitigation methods,compensation ratios may be adjusted consistent with Section 68.4.2 in Wetland Mitigation in Washington State-Part I: Agency Policies and Guidance—Version 2 The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 119 Yakima Municipal Code Page 107/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION (Ecology Publication No,21-06-003,Olympia,WA,April 2021 or as revised).See also subsection (I:)(5)(c)of this section for more information on using preservation as compensation. f. Increased Compensation Ratios.The shoreline administrator may increase the ratios under the following circumstances: i. Uncertainty exists as to the probable success of the proposed restoration or creation: ii. A significant period of time will elapse between adverse impact and replication of wetland functions; iii, Proposed compensatory mitigation will result in a lower category wetland or reduced functions relative to the wetland being adversely impacted:or iv. The impact was an unauthorized impact. Table 09.040-4:Standard Compensation Ralioa. Category and Type of Wetland Creation or Reestablishment Rehabilitation Preservation'. Enhancement' Category] 4:1 8:1 16:1 16:1 Category 11 3:1 6:1 12:1 12:1 Category Ill 2:1 4:1 8:1 8:1 Category IV 1.5:1 331 6:1 6:1 ..Rropnsed preservation sites shall meet the orexervation Criteria listed in subsection(l)(31. To the maximum extent aracticable.D eservation should he dune in contunction with wetland creation and re-establishment. Applicants oronosing pre iervation only or enhancement onjshoutd provide a complete credit-debit analysis using Calculating Credits and Etchits for C.onincrtsatory Mitigation in Wetlands ot'Eastern Washington Final Report theology Publication No. 11-06-015.August 2012.or as rerised. The ratios in the table above only apply.velum the credit-debit tool is not applicable. 9. Credit/Debit Method.To more fully protect functions and values,and as an alternative to the compensation ratios found in subsection tF it )and Wetland Mitigation in Washington State-Part 1 (Ecology Publication No.21-06-003,Olympia, WA.April 202I or as revised),the administrator may allow mitigation based on the"credit/debit"method developed 1) the Department of Ecology in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington:Final Report(Ecology Publication No. 1I- 06-015,August 2012.or as revised). 10. Compensatory!vlitigation Plan.When a project involves wetland and/or buffer impacts,a compensatory mitigation plan prepared a Qualified professional shall be required,meeting the following minimum standards: a. Wetland Critical Area Report. A critical area report for wetlands must accompany or be included in the compensatory mitigation plan and include the minimum parameters described in YMC 17.09.010(P) and 17.09.010(0)(2). b. Compensatory Mitigation Report.The report must include a written report and plan sheets that must contain,at a minimum,the following elements.Full guidance can be found in Wetland Mitigation in Washington State—Part 2: Developing Mit gation Plans(Version 1)(Ecology Publication No.06-06-U I lb. Olympia.WA.March 2006 or as revised). i. The written report must contain,at a minimum: I. The name and contact information of the applicant:the name.qualifications,and contact information for the primary authoris)ol'the compensatory mitigation report a description of the proposal:a summary of the impacts and proposed compensation concept:identification of all the The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-I 120 Yakima Municipal Code Page 108/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION local.state.and/or federal wetland-related permits)required for the prolect;_and a vicinity map for the project. ?_ Description of how the project design has been modified to avoid.minimize,or reduce adverse impacts to wetlands. 3. Description of the existing wetland and buffer areas proposed to be impacted. Include acreage(or square footagej,water regime,vegetation,soils,landscape position,surrounding lands uses,and functions.Atso describe impacts in terms of acreage by Cowardin classification, ltydrogeontorphic classification,and wetland rating,based on wetland ratings.YMC 17.09.040(D). 4. Description of the compensatory mitigation site,including location and rationale for selection_Include an assessment of existing conditions:acreage(or square footage) f wetlands. and uplands,water regime.sources of water,vegetation,soils,landscape position,surrounding land uses,and functions.Estimate future conditions in this location if the compensation actions are not undertaken(i.e..how would this site progress through natural succession?). 5. Surface and subsurface hydrologic conditions,including an analysis of existing and proposed hydrologic regimes for enhanced.created.or restored compensatory mitigation areas. include illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions. 6. A description of the proposed actions for compensation of wetland and upland areas affected by the project. Include overall goals of the proposed mitigation.including a description of the targeted functions.hydrog_eomorphic classification,and categories of wetlands. 7. A description of the proposed mitigation construction activities and timing of activities. 8. Performance standards(measurable standards for years post-installation)for upland and wetland communities,a monitoring schedule,and a maintenance schedule and actions proposed by year. 9. A discussion of ongoing management practices that will protect wetlands after the development project has been implemented,including proposed monitoring and maintenance programs(f r remaining wetlands and compensatory mitigation wetlands). 10, A bond estimate for the entire compensatory mitigation proiect,including the following elements:site preparation,plant materials,construction materials, installation oversight.. maintenance twice per year for up to five years,annual monitoring field work and reporting,and contingency actions fora maximum of the total required number of years for monitoring. 11. Proof of establishment of notice on title for the wetlands and buffers on the proiect site. including the compensatory mitigation areas. ii. The scaled plan sheets for the compensatory mitigation must contain,at a minimum: I. Surveyed edges oldie existing wetland and buffers,proposed areas of wetland and/or buffer impacts,location of proposed wetland and/or buffer compensation actions. 2. Existing topography,ground-proofed,at two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed to create the compensation area(s).Also existing cross-sections of on-site wetland areas that are proposed to be impacted, and cross-sections)(estimated one-foot intervals)for the proposed areas of wetland or buffer compensation. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 121 Yakima Municipal Code Page 109/136 Chapter 17.09 CRITICAL AREAS 1N SHORELINE JURISDICTION 3. Conditions expected from the proposed actions on site,including future hydrogcomorphic types.vegetation community types by dominant species(wetland and upland).and future water regimes. 4. Required wetland buffers for existing wetlands and proposed compensation areas.Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this chapter. 5. A planting plan for the compensation area,including all species by proposed community type and water regime,size and type of plant material to be installed,spacing of plants,typical clustering patterns,total number of each species by community type,And timing gf installation. 11. Buffer Compensation Ratios. Impacts to buffers shall be mitigated at a minimum one-to-one ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development. 12. Protection of the Mitigation Site.The area where the mitigation occurred and any associated buffer shall be located in a critical area tract or a conservation easement consistent with YMC 17.09.040. 13. Monitoring.Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met,but not for a period less than five years. If a scrub-shrub or forested vegetation community is proposed.monitoring may be required for ten years pr more.The project mitigation plan shall include monitoring elements that ensure certainty of success for the project's natural resource values and functions.lithe mitigation goals are not obtained within the initial five-year period,the applicant remains responsible for restoration oi'the natural resource values and functions until the mitigation goals agreed to in the mitigation elan are achieved. 14. Advance Mitigation.Mitigation for projects with preidentilied impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules,state policy on advance mitigation,and state water quality regulations consistent with Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation(Ecology Publication No. 12-06-015,Olympia, WA.December 2012). 15. Alternative Mitigation Plans.The administrator may approve alternative wetland mitigation plans that are based on the most current,accurate and complete scientific and technical information,such as priority, restoration plans that achieve restoration goals identified in the SMP.Alternative mitigation proposals must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter.The administrative official shall consider the following for approval of an alternative mitigation proposal: a. The proposal uses a watershed approach consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach(Eastern Washington)(Ecology Publication No. 10-06-07,November 2010). b. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas. c. Mitigation according to subsection(F){5)of this section is not feasible due to site constraints such as parcel size,stream type,wetland category,or geologic hazards. d. There is clear potential for success of the proposed mitigation at the proposed mitigation site. e. The plan shall contain clear and measurable standards for achieving compliance with the specific provisions of the plan.A monitoring plan shall,at a minimum,meet the provisions in subsection(F)(101 of this section. f The plan shall be reviewed and approved asparl of overall approval of the proposed use. g. A wetland of a different type may be justified based on regional needs or functions and values;the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental alternative. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 122 Yakima Municipal Code Page 110/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION ii. Mitigation uarantees shall meet the minimum requirements as outlined in subsection (r)1 1Olfb)(i)t8i of this section. i. Qualified professionals in each of the critical areas addressed shall prepare the plan. i- The city may consult with agencies with expertise and jurisdiction over the critical areas during the review to assist with analysis and identification of'appropriate performance measures that adequately safeguard critical areas. Gompensator3�-in-itigatfert-tor-altartttenis.4e-welands-shall-previde--fog-ne-n, t loss of wwand--tiifiaietis-annd--:aaI ufd-+m. e-FL11 igation-p1ait-Fegttirements-of YMC 17.09,01O(P wed-to silt-appiiealits4 eting l btrve-requi*e+nents: 4C,ouipensatePy-ii4t-igation-plans-must-lient-with-Goidaftee-on--Wetift-ncl-Mitigatien-i-n-WasAiRgten-State- Part 2:Gu d A, ;;k„_Rlan..,..,d o..eposals-a+a -t-Was♦-ingron-Stme- 14epaemem-eff:cology. U.S. Army Corps of 1 itteers-eat4'- ;e nd U wirenmenta}-Proteetion-Agetiey- tit14eF 0,1 nr. n 13) :2 -01-npea atvr iE•igation-applieatiewand-ratios-f e-consistent-wit-W tlead. WasltingtonMate V{-lume 2: Guidance±or P„- leetifIg-,nd Mnnagt e.tlands rppendix S--1) —y_ 1-) -er-as- r-evi-sed-f-Wasb t-( -f oeIogy. Publieatl n--Num 9ef-05 0 -no-00_ 1. Credits from a wetland-+»it-gatio,;t lh--rt -f a-appr+weft-fi wetlandrrwho - a. The la+k-is-eertil'ted-uflder•-G liapter-90 4A4-WW,ei Chapter 173 700 WAC: b. The-sheirel-ii dministrator-determine ,cam the-t:; r9prtftt@-@AFHpBFIStttf6tF €or-[lie-aut3teFized--i-nipasts:and s f-he-prepesed-asser-etlits-iseensisteot-with-the-taring-and-e-otiditions k-the hanks-certification =gym b•mom-efe aits shall be-een istent `-replucemcnt rnt+u5-specifi the 3. Credits from-a-ce ri -�I wctland-niit-igaatiott-latiitli-maybe-used to cotnpensate-tor-iinpasts-laeated- cth:n th.� - Vlc. n ••- :(y�rwL�..Lfhe��:,�:� ..,;A..ar: I«..�., o, M....L .. portions-of-ninre-thart-one-adjfteent.flrraina;e-bpsin--for-specific .�,,� .. land- actions. 17.09.050 Geologically hazardous areas. A. Purpose and Intent. 1. Geologically hazardous areas include those areas susceptible to erosion,sliding,earthquake,or other geological events.These areas pose a threat to the health and safety of the city of Yakima's citizens when incompatible development is sited in significantly hazardous areas. When mitigation is not feasible, development within geologically hazardous areas should be avoided. 2. The purpose of this section is to: a. Minimize risks to public health and safety and reduce the risk of property damage by regulating development within geologically hazardous areas; b. Maintain natural geological processes while protecting new and existing development;and The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 123 Yakima Municipal Code Page 111/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION c. Establish review procedures for development proposals in geologically hazardous areas. 3. This section does not imply that land outside mapped geologically hazardous areas or uses permitted within such areas will be without risk.This section shall not create liability on the part of the city of Yakima, any officer,or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. B. Mapping and Designation. 1. Geologically hazardous areas are areas that are susceptible to one or more of the following,based on WAC 365-190-120. a. Erosion hazards; b. Landslide hazards,which include: i. Over steepened slopes; ii. Alluvial fan/flash flooding; iii. Avalanche;and iv. Channel migration zones and stream undercutting. c. Seismic hazards(referred to below as earthquake hazards);and d. Volcanic hazards. 2. The approximate location and extent of erosion hazard areas are shown on the city of Yakima's critical area map titled"Erosion Hazard Areas of the City of Yakima."Erosion hazard areas include areas likely to become unstable,such as bluffs,steep slopes,and areas with unconsolidated soils.Erosion hazard areas were identified by using the"Soil Survey of Yakima County Area,Washington"and the"Soil Survey of Yakima Indian Reservation Irrigated Area,Washington,Part of Yakima County." 3. The approximate location and extent of geologically hazardous areas are shown on the city's critical area map titled"Geologically Hazardous Areas of the City of Yakima."The following geologically hazardous areas have been mapped and classified using the criteria found in WAC 365-190-120: a. Landslide Hazard Areas(LS).These include places where landslides,debris flows,or slumps have occurred. i. High risk(LS3)is defined as areas that are presumed to have had a landslide,debris flow,or slump within ten thousand years or less. ii. Intermediate risk(LS2)is defined as areas where landslides,debris flows,or slumps are older than ten thousand years,but are still capable of movement. iii. Low risk areas are defined as areas unlikely to fail.These areas are unlabeled and combined with other low risk categories. b. Over Steepened Slope Hazard Areas(OS).These include areas with slopes steep enough to create a potential problem. i. High risk areas(0S3)are defined as having a high potential to fail,include slopes greater than forty percent,and consist of areas of rock fall,creep,and places underlain with unstable materials. ii. Intermediate risk areas(OS2)are defined as areas less likely to fail but are still potentially hazardous.This category includes slopes between fifteen percent and forty percent. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 124 Yakima Municipal Code Page 112/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION iii. Low risk areas are defined as areas unlikely to fail.These areas are unlabeled and combined with other low risk categories. c. Alluvial Fan/Flash Flooding Hazard Areas(AF).These areas include locations where flash floods can occur and are often associated with inundation by debris from flooding.These areas may include: i. Alluvial fans; ii. Canyons; iii. Gullies;and iv. Small streams where catastrophic flooding can occur. d. Stream Undercutting Hazard Areas(SU).These areas are confined to banks near main streams and rivers where undercutting of soft materials may result. i. High risk areas(SU3)include steep banks of soft material adjacent to present stream courses. ii. Intermediate risk areas(SU2)are banks along the edge of a flood plain but away from the present river course. iii. Low risk areas(SU1)are unlabeled and combined with other low risk areas on the maps. e. Earthquake Activity Hazard Areas(EA).Recorded earthquake activity in the city of Yakima is mostly marked by low magnitude events and thus low seismic risk.The city of Yakima's low risk areas are unlabeled and combined with other low risk hazards. f. Suspected Geologic Hazard Areas(SUS).These are areas for which detailed geologic mapping is deficient but preliminary data indicate a potential hazard may exist.No risk assessment(1,2,3)is given for these areas.Most are probably OS or LS hazards. g. Risk Unknown Hazard Areas(UNK).This category is limited to areas where geologic mapping is lacking or is insufficient to make a determination.All of these areas are associated with other classified geologic hazards. 4. Volcanic hazard areas are not mapped,but are defined as areas subject to pyroclastic(formed by volcanic explosion)flows,lava flows,and inundation by debris flows,mudflows or related flooding resulting from volcanic activity.Volcanic hazard areas in the city of Yakima are limited to pyroclastic(ash)deposits.No specific protection requirements are identified for volcanic hazard areas. C. Geologically Hazardous Areas Protection Approach.The geologically hazardous areas protection approach can be met by following the guidelines below and by implementing the appropriate sections of the building code as adopted in YMC Title 11. 1. General. a. New development and creation of new lots that would cause foreseeable risk from geological conditions during the life of the development or would require structural shoreline stabilization over the life of the development(except as allowed under YMC 17.07.130) is prohibited. b. New stabilization structures for existing primary residential structures allowed only where no alternatives(including relocation or reconstruction of existing structures)are feasible,and less expensive than the proposed stabilization measure,and then only if no net loss of ecological functions will result. 2. Erosion Hazard Areas.Protection measures for erosion hazard areas will be accomplished by implementing the regulatory standards for erosion and drainage control required under YMC Title 11, Buildings.YMC Title 11 requirements can be met by the application of the best management practices(BMPs) The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 125 Yakima Municipal Code Page 113/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION in the Stormwater Management Manual for Eastern Washington(WDOE Publication Number 04-10-076); equivalent manual adopted by the city of Yakima;or any other approved manual deemed appropriate by the building official. 3. Landslide Hazard Areas.Protection measures for landslide hazard areas will be accomplished through the review process of subsection D of this section by implementing the development standards of subsection E of this section. 4. Alluvial Fan/Flash Flooding Hazard Areas.Protection measures for alluvial fan/flash flooding hazard areas will be accomplished through the review process of subsection D of this section. 5. Stream Undercutting Hazard Areas.Protection measures for stream undercutting hazard areas will be accomplished by critical areas review for flood hazards,streams,and shoreline jurisdiction. 6. Oversteepened Slope Hazard Areas.Protection measures for oversteepened slope hazard areas will be accomplished through the review process of subsection D of this section,by implementing the development standards of subsection E of this section. 7. Earthquake/Seismic Hazard Area Protection Standards.Protection measures for earthquake/seismic hazard areas will be accomplished by implementing the appropriate sections of the building code as adopted in YMC Title 11. 8. Suspected Geologic Hazard Areas and Risk Unknown Hazard Areas.Protection measures for suspected geologic hazard areas and risk unknown hazard areas will be accomplished through the review process of subsection D of this section and by implementing the development standards of subsection E of this section. D. Development Review Procedure for Geologically Hazardous Areas. 1. The shoreline administrator shall make a determination of hazard to confirm whether the development or its associated facilities(building site,access roads,limits of grading/excavation/filling,retaining walls,septic drainfields,landscaping,etc.)are located: a. Within a mapped geologically hazardous area; b. Adjacent to or abutting a mapped geologically hazardous area and may result in or contribute to an increase in hazard,or pose a risk to life and property on or off the site; c. Within a distance from the base of an adjacent landslide hazard area equal to the vertical relief of said hazard area;or d. Within the potential run-out path of a mapped avalanche hazard. 2. Developments that receive an affirmative determination of hazard by the shoreline administrator under subsection(D)(1)of this section must conduct a geologic hazard report as provided in YMC 17.09.010(Q), which may be part of a geotechnical report required below. a. If the geologic hazard report determines that no hazard exists or that the project area lies outside the hazard,then no geologic hazard review is needed. b. The shoreline administrator is authorized to waive further geologic hazard review for oversteepened slopes on the basis that the hazards identified by the geologic hazard report will be adequately mitigated through the issuance of a grading or construction permit. 3. Developments that receive an affirmative determination of hazard,but do not meet the provisions of subsection(D)(2)(a)or(D)(2)(b)of this section,must: a. Obtain a critical areas development authorization under YMC 17.09.010; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 126 Yakima Municipal Code Page 114/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION b. Submit a geotechnical report that is suitable for obtaining grading and construction permits that will be required for development: i. The geotechnical report shall incorporate a submitted assessment which includes the design of all facilities; ii. A description and analysis of the risk associated with the measures proposed to mitigate the hazards;and iii. Ensure the public safety,and protect property and other critical areas;and c. Be consistent with subsection E of this section. E. General Protection Requirements_ 1. Grading,construction,and development and their associated facilities shall not be located in a geologically hazardous area,or any associated setback for the project recommended by the geotechnical report, unless the applicant demonstrates that the development is structurally safe from the potential hazard,and that the development will not increase the hazard risk on site or off site. 2. Development shall be directed toward portions of parcels,or parcels under contiguous ownership,that are at the least risk of hazard in preference to lands with higher risk,unless determined to be infeasible in the geotechnical report. 3. The geotechnical report shall incorporate methods to ensure that education about the hazard and any recommended buildable area for future landowners is provided. 4. The applicable requirements of grading and construction permits for developments in hazardous areas must be included in the development proposal and geotechnical report. NOTE:All of the text in YMC 17.09.060 w reviewed anti approved bk lltfi C IF ae pir!of tht C ll q's 2017 updJie ul'{'Iui�Flrr l5.2?i' 1i;f('ri[iCn1 Ar ns1� TMete rhinics were i14! in�eerl d into 7 elk I?111 khnt iimc, 17.09.060 Critical aquifer recharge areas. A. Purpose and Intent. 1. The Growth Management Act(Chapter 36.70A RCW)requires local jurisdictions to protect areas with a critical recharging effect on aquifers used for potable water or areas where drinking aquifers are vulnerable to contamination.These areas are referred to as critical aquifer recharge areas(CARA)in this section. 2. Potable water is an essential life sustaining element and much of the city of Yakima's drinking water comes from groundwater supplies.Once groundwater is contaminated,it can be difficult and costly to clean.In some cases,the quality of groundwater in an aquifer is inextricably linked to its recharge area. 3. The intent of this section is to: a. Preserve,protect,and conserve the city of Yakima's CARA from contamination;and b. Establish a protection approach that emphasizes the use of existing laws and regulations while minimizing the use of new regulations. 4. It is not the intent of this title-section to: a. Regulate everyday activities(including the use of potentially hazardous substances that are used in accordance with state and federal regulations and label specifications); b. Enforce or prevent illegal activities; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 127 Yakima Municipal Code Page 115/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION c. Regulate land uses that use or store small volumes of hazardous substances(including in-field agricultural chemical storage facilities,which do not require permits,or are already covered under existing state,federal,or county review processes and have detailed permit review); d. Establish additional review for septic systems,which are covered under existing city of Yakima review processes; e. Establish additional review for stormwater control,which is covered under existing review processes and has detailed permit review;or f. Require review for uses that do not need building permits and/or zoning review. The above items are deemed to have small risks of CARA contamination or are beyond the development review system's ability to control. I E)es tio., Crit4a�t L4 1 e-area�fG A D A ) tl.ose "c�r�r�rcrv'� rt-�r �clvnvrTov^`ir6 r�cn-crr+•s$7"iRc��mc-ur le ;_3.,-W AC G_In0_0-3442) CnOA.•ham...-pe ail' g 4 ;,tor-aTde#+aeaa--�,--. .. . ,z,�,-.�'T�TTtng wlu io conditions asseeittted`with in1}kfation-Fates-that create-a-kigh_peto..tio- is .atio.,of-gre... •eseerces OF- contribute significantly-to-the-rerlle-l}ishwela fgroajdwater.The-following-areas have•-feet-idertt141ed-based-an- l Weln,ead Pret ot-ion-Areas. We e,, -pratee4on arms sf defined4ry-the boufidar-ies-ot4he-tea-year- t. a of g ,d...,te_4R,ef-.-or-howid fries-establiShe[--t!'iiii' -a-14eraatve-ef4Iefia-appfeve<4 the.Oe m t1 Healtl, thoise settin._ ..he .,.a. ...e- .4 -Fiet-a-rfeesonable-d #neata**-GFaterion, in aceord[a ".I. ■t dr anr. inn I^.< 2. Sol i e •ar-e-areas-that-have-heen-designateel-hHhe-144,-.4inyi.rontHenta1 Proteetion`:Ag ney- al Safe Dri ffki- g+►dater Act. 3. Fttsoptible Goon r.ate;4.,a .Ar Su ptible .I, ...er nh1nu enr areas are-areas that have43e t-ela eted ede el. hghly vtr tilale-in-att--adapted-gcetans:lwater- ttaanagentent F r evelofed ah lister I7? I00 WAC. 4. —S e z al Protectio. A S. al,, ,t 5. Mode:cartel er-l4lighl,. Vulnerable n.,.•ifer R= hafuc-Afetts,Aetifi-feF-recharge areas that are-moderately-eF- highly vt r.,ble-10-degradaation-or-depletion-because-ef hydrogeologic c-haFaeteristios those-aretils- eleli-nee educe 13'-ia41yflca olo stud, eE Fd. 1th-th ctaae—DepaftfTl . Mederate l4ighly3eseeptible-Ar}triler-1 harge Areas-Aq-atlfer eehaarge areas modeFately or highly- .,ttble t.,do .,defe r de,i i u�ydregeolo eha •'tli. •, these-arears-nieeting4he- e er.a octal fined I3y A�ep�P artmetat-ef Ecology- GB. MappinbyIaps and reference documents. 1. Mapping Methodology.The CARA is depicted in the map titled"Critical Aquifer Recharge Areas of the City of Yakima"located within the city of Yakima's 2017 Urban Area Comprehensive Plan 2040.The CARA map was developed through a geographic information system(GIS)analysis using the methodology outlined in the Washington Department of Ecology"Critical Aquifer Recharge Areas Guidance Document"(Morgan, 2005).The approximate location and extent of critical aquifer recharge areas are depicted on the above- mentioned map,and are to be used solely as a guide for the city.The CARA map estimates areas of moderate, high,and extreme susceptibility of-to contamination,as well as wellhead protection areas.In characterizing the hydrogeologic susceptibility of these recharge areas with regard to contamination,the following physical characteristics were utilized: a. Depth to ground water; b. Soil(texture,permeability,and contaminant attenuation properties); The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 128 Yakima Municipal Code Page 116/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION c. Geologic material permeability;and d. Recharge(amount of water applied to the land surface, including precipitation and irrigation). 2. Wellhead Protection Areas.The CARA map includes those wellhead protection areas for which the city of Yakima has maps.Wellhead protection areas are required for all Class A public water systems in the state of Washington.The determination of a wellhead protection area is based upon the time of travel of a water particle from its source to the well.Water purveyors collect site specific information to determine the susceptibility of the water source to surface sources of contamination.Water sources are ranked by the Washington State Department of Health with a high,moderate,or low susceptibility to surface contamination. Wellhead protection areas are defined by the boundaries of the ten-year time of ground-water travel,in accordance with WAC 246-290-135.For purposes of this chapter,all wellhead protection areas shall be considered highly susceptible. 3. Guidance Documents.The latest guidance documents shall be consulted when updating CARA maps: a. U.S, Department of Agriculture Soil Survey: hrtp://webseilsurveY,sc.egov.usda.gov/App/WebSoilSurvey.aspx b. Washington Department of Health Group A and B Maps: littps://fortress.wa.gov/doh/eh/maps/SWAP/index.html c. Soil Survey of Yakima County Area. Washington(report onlvl: http://nres.usda.gov/lnternet/FSE MANUSCRIPTS/washington/yakimaWA 1985/y kimaWA 1985-l.pdf d. City of Yakima Wellhead Protection Plan:http://www.yakimacountv.us/669/City-of Yakima- W ellhead-Protection-Plan e. Hydrogeokogic Framework of Sedimentary Deposits in Six Structural Basins.Yakima River Basin. Washington:http://pubs_usgov/sir/2006/51 l6i/pdffsir20065I I6.pdf and Yakima Basin plate http://pubs.usgs.gov/sir/2006/5 116/pdf/sir20065 116 p late4.pdf C. Protection Approach i. Classification and Rating of Critical Aquifer Recharge Areas.To promote consistent application of the standards and requirements of this section,critical aquifer recharge areas within the city shall be rated or classified according to their characteristics,function and value,and/or their sensitivity to disturbance. a. Critical Aquifer Recharge Areas Classification.Critical aquifer recharge areas are those areas with a critical recharging effect on aquifers used for potable water. Wellhead protection involves the management of activities that have a potential to degrade the quality ofgroundwater produced by a supply well.The city is classified into four wellhead protection zones that are based on proximity to and travel time of groundwater tp Group A and Group B water source wells within the en) limits.and are designated using guidance from the Washington Department of Health Wellhead Protection Program pursuant to Chapter 246-290 WAC, i. Wellhead Protection Zone I represents the land area overlying the six-month time-of-travel zone of any Group A water source well and/or land area overlying an) Group B wellhead protection area. ii. Wellhead Protection Zone 2 represents the land area that overlies the one-year time-of-travel zone of any Group A water source well,excluding the land area contained within Wellhead Protection Zone 1. iii. Wellhead Protection Zone 3 represents the land area that overlies the five-year and ten-year time-of-travel zones of any Group A water source well,excluding the land area contained within Wellhead Protection Zone 1 or 2. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 129 Yakima Municipal Code Page 117/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION iv. Wellhead Protection Zone 4 represents all the remaining land area in the city not included in Wellhead Protection Zone 1,2,or 3. b. Classification of wellhead Protection zones shall be determined in accordance with the city's Wellhead Protection Plan and the Washington Slate Department of Health,Office of Drinking Water, Source Water Assessment Program(SWAP)Mapping Application,which designates time of travel and wellhead protection zones that correspond to Zones I through 4.noted in subsection tAxl)of this section. 2. Prohibited Activities in Wellhead Protection Zones_ a. Land uses or activities for new development or redevelopment that pose a significant hazard to the city's groundwater resources,resulting from storing,handling,treating,using,producing.recycling,or disposing of hazardous materials or other deleterious substances,shall be prohibited in Wellhead Protection Zones 1 and 2.These land uses and activities include,but are not limited to: i. Large on-site sewage systems.as defined in WAC Chapter 246-272A; ii. Hazardous liuuid pipelines as defined in RCW Chapter 81.88; iii. Solid waste landfills or transfer stations, including hazardous or dangerous waste,municipal solid waste,special waste,wood waste,and inert and demolition waste; iv. Liquid petroleum refining,reprocessing,and storage; v. Bulk storage facilities; vi. Hard rock and sand and gravel mining,unless located within the mineral resource designation; vii. The storage or distribution of gasoline treated with the additive methyl tertiary butyl ether; viii. Hazardous waste treatment,storage,and disposal facilities except those defined under permit by rule for industrial wastewater treatment processes per WAC I73-303-802(5)(a); ix. Chemical manufacturing,including but not limited to,organic and inorganic chemicals,plastics and resins,pharmaceuticals,cleaning compounds,paints and lacquers,and agricultural chemicals; x. Dry cleaning establishments using the solvent perchloroethylene or similarly toxic compounds; xi. Primary and secondary metal industries that manufacture,produce,smelt,or refine ferrous and nonferrous metals from molten materials; xii. Wood treatment facilities that allow any Portion of the treatment process to occur over permeable surfaces(both natural and manmade); xiii. Mobile fleet fueling operations; xiv. Class 1,Class Ill,Class IV,and the following types of Class V wells:5A7,5F01,5D03,5h04,, 5W09,SW 10,5W1 I.5W31,5X13,5X14,5X15,5W2.0,5X28,and 5N24 as regulated under RCW Chapter 90.48 and WAC Chapters 173-200 and 173 2 18,as amended; xv. Permanent dewatering of the aquifer for new projects and redevelopment; xvi. Facilities that store,process,or dispose of radioactive substances:and xvii. Irrigation with graywater or reclaimed water. h. Other land uses and activities that the city determines would pose a significant groundwater hazard to Group A and Group B groundwater supplies within the city limits,_or would significantly reduce the recharge to aquifers currently or potentially used as a potable water source. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 130 Yakima Municipal Code Page 118/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION D3. Wellhead Protection Zone Performance Standards . 4-a. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer. b. Any uses or activities which involve storing,handling,treating, using,producing,recycling,or disposingof hazardous materials or other deleterious substances shall comply with the following standards that apply to the wellhead protection zone in which they are located. Residential uses of hazardous materials or deleterious substances are exempt from the following standards. c. if a property is located in more than one wellhead protection zone,the director of community development shall determine which standards shall apply based on an assessment evaluation of the risk posed by the facility or activity.The assessment evaluation shall include,but not be limited to:(a)the location,type,and quantity of the hazardous materials or deleterious substances on the property;(b)the geographic and geologic characteristics of the site;and tct the type and location of infiltration on the site. d. Development within Wellhead Protection Zone I or 2,and any facility or activity existing as of adoption of this title within which hazardous materials or other deleterious substances are present,shall implement the following relevant performance standards: i. Secondary Containment. 1. The owner or operator of any facility or activity shallprovide secondary containment for hazardous materials or other deleterious substances in aggregate Quantities equal to or greater than twenty gallons liquid or two hundred pounds solid or in quantities specified in the Yakima lire code.YMC Chapter 10.05,whichever is smaller. 2. Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of Ecology(Ecoloe.v)under WAC Chapter 173-360,Underground Storage'1'ank Regulations,are exempt from the secondary containment requirements of this section.provided that documentation isjrovided to demonstrate compliance with those regulations. ii. Vehicle Fueling.Maintenance,and Storage Areas.Fleet and automotive service station fueling. equipment maintenance,and vehicle washing_areas shall have a containment system for collecting and treating all runoff from such areas and preventing release of fuels,oils,lubricants,and other automotive fluids into soil,surface water,or groundwater.Appropriate emergency response equipment and spill kits shall be kept on-site during transfer,handling,treatment,use,production,recycling,or disposal of hazardous materials or other deleterious substances. lilt Loading_and Unloading Areas.Secondary containment or equivalent best management practices LBMPsI,as approved by the director of public works.shall he required at loading and unloading areas that store.handle,treat,use,produce,recycle.or dispose of hazardous materials or other deleterious substances in aggregate quantities equal to or greater than twenty gallons liquid or two hundred pounds solid. iv. Stormwater Infiltration Systems.Design and construction of new stormwater infiltration systems must address site-specific risks of releases posed by all hazardous materials on-site.These risks may be mitigated by physical design means or equivalent BMPs in accordance with an approved hazardous materials management plan. Design and construction of said stormwater infiltration systems shall also be in accordance with YMC Chapter 7.83 and the latest edition of the Stormwater Management Manual for Eastern Washington,approved local equivalent,or another technical stormwater manual approved by Ecology,and shall be certified for compliance with the requirements of this section by a professional engineer or engineering geologist registered in the state of Washington. v. The record and construction details of any well regulated under Chapter 173-160 WAC, Construction and Maintenance of Wells.and any well excluded per WAC 173-160-010(2)that is The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 131 Yakima Municipal Code Page 119/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION constructed or decommissioned in Zones l and 2 shall be provided to the department of community development within sixty days of well completion or decommissioning. vi. Protection Standards during Construction,The following standards shall apply to construction activities occurring where construction vehicles will be refueled on-site and/or the quantity of hazardous materials that will be stored,dispensed,used.or handled on the construction site is in aggregate quantities equal to or greater than twenty gallons liquid or two hundred pounds solid, exclusiv of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles.As part of the city's project permitting process,the city may require any or all of the following items: . A development agreement; 2. Detailed monitoring_and construction standards; 3. Designation of a person on-site during operating hours who is responsible for supervisim the use,storage,and handling of hazardous materials and who has appropriate knowledge and training to take mitigating actions necessary in the event of lire or spill; 4. Hazardous material storage,dispensing,refueling areas,and use and handling areas shall be provided with secondary containment adequate to contain the maximum release from the largest volume container of hazardous substances stored at the construction site; 5. Practices and procedures to ensure that hazardous materials left on-site when the site is unsupervised are inaccessible to the public. Locked storage sheds,locked fencing,locked fuel tanks on construction vehicles,or other techniques may be used if they will preclude access; 6. Practices and procedures to ensure that construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid,and/or other hazardous materials will be removed immediately or repaired on-site immediately.The vehicle or equipment may be repaired in place, provided the leakage is completely contained; 7. Practices and procedures to ensure that storage and dispensing of flammable and combustible liquids from tanks,containers.and tank trucks into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site are in accordance with the Yakima fire code, YMC Chanter 10.05;and 8. Practices and procedures,and/or on-site materials adequate to ensure the immediate containment and cleanup of any release of hazardous substances stored at the construction site. On-site cleanup materials may suffice for smaller spills whereas cleanup of larger spills may require a subcontract with a qualified cleanup contractor.Releases shall immediately be contained, cleaneff up.and reported if required under state or federal law.Contaminated soil,water,and other materials shall be disposed of according to state and local requirements. vii. Fill Materials.Fill material shall comply with the standards in YMC Chapter 7.82 and the following: I. Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC' 173-340-740,Model Toxics Control Act,regardless of whether all or part of the contamination is due to natural background levels at the fill source site. Where the detection limit(lower limit at which a chemical can be detected by a specified laboratory Procedure}for a particular soil contaminant exceeds the cleanup standard for soil specified in WAC 173-340-740,the detection limit shall be the standard for fill material quality. 2. Fill materials in quantities greater than ten cubic yards placed directly on or in the ground in excess of six months shall meet the following requirements: The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 132 Yakima Municipal Code Page 120/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION fat A fill material source statement shall be provided to the department of community development and shall be reviewed and accepted by the department prior to stockpiling or grading imported fill materials at the site.The source statement shall be issued by a professional engineer.geologist,engineering geologist or hydrogeologist licensed in the state of Washington demonstrating the source's compliance with standards of the Model Taxies Control Act.The source statement shall be required for each different source location from which fill will be obtained. (b) Analytical results demonstrating that till materials do not exceed cleanup standards specified in WAC 173-340-740 may be used in lieu of a fill material source statement, provided the regulated facility submits a sampling plan to,and which is approved by,the director of community development.The regulated facility must then adhere to the approved sampling plan,and maintain analytical data on-site and available for inspection for a minimum of five years from the date that the fill was accepted. 3_ The department of community development may accept a fill material source statement that does not include results of sampling and analysis of imported fill if it determines that adequate information is provided indicating that the source location is free of contamination. Such information may include,but is not limited to: tat Results of field testing of earth materials to be imported to the site with instruments capable of detecting the presence of contaminants;or (b) Results of previous sampling and analysis of earth materials to be imported to the site. 4. A fill material source statement is not required if documents confirm that imported fill will be obtained from a Washington State Department of Transportation approved source, 5. The director of community development shall have the authority to require corrective measures regarding noncompliant fill materials, including independent sampling and analysis, if the property owner or operator fails to accomplish such measures in a timely manner.The property owner or operator shall be responsible for any costs incurred by the city in the conduct of such activities. viii. Cathodic Protection Wells.Cathodic protection wells shall be constructed such that the following do not occur: I. Vertical cross-connection of aquifers normally separated by confining units; 2. Migration of contaminated surface water along improperly sealed well borings or casings; 3. Introduction of electrolytes or related solutions into the subsurface;and 4. Any of the above conditions caused by improperly abandoned cathodic protection wells that are no longer in use. ix. Underground Hydraulic Elevator Cylinders.All underground hydraulic elevator pressure cylinders shall be encased in an outer plastic casing constructed of Schedule 40 or thicker-wall polyethylene or polyvinyl chloride pipe,or equivalent.The plastic casing shall be capped at the bottom.and all joints shall be solvent-or heat-welded to ensure water tightness.The neck of the plastic casing shall provide a means of inspection to monitor the annulus between the pressurized hydraulic elevator cylinder and the protective plastic casing. x. Best Management Practices t13MPs1.All development or redevelopment shall implement l3MPs for water quality and quantity,as approved by the director of community development,such as bi filtration swales and use of oil-water separators.BMPs appropriate to the particular use proposed. clustered development,and limited impervious surfaces. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 133 Yakima Municipal Code Page 121/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION e. Development within Wellhead Protection Zone 3 shall implement appropriate BMPs and comply with the performance standards for vehicle fueling.maintenance,and storage areas; loading and unloading areas:well construction and operation;fill materials,;cathodic protection wells;and underground hydraulic elevator cylinders in applicable subsections in subsection(C)(4)of this section. f. Development within Wellhead Protection Zone 4 shall implement BMPs for water quality and quantity. g. An incremental environmental improvement to a system protective of groundwater shall not alter. expand,or intensify an existing legal nonconformance,but may proceed without having to meet the following city codes; i. Restrictions associated with critical areas and critical area buffers,if the footprint of the original system protective of groundwater is located within the same critical area buffer,and it can be demonstrated through BAS that there will be no significant adverse impacts to the critical area and its buffer. ii. Any requirement to bring all or any portion of the facility or the development it serves up to current building,tire,or land use codes that is triggered by the value or design of the incremental environmental improvement to a system protective of groundwater;and iii. The incremental improvement shall not qualify as a redevelopment that would otherwise be prohibited by Title 15 YMC.2. -The proposed-aetivity m;ssempty with-thy pr ti Foal- :teviio r E. Performance°tandurd Leif'4ses. 4-.--StorageL-ank A u storage t ttks Rif=c.._d't gated in critical--agtti eompty- wtth-local-btitii:iiAg-codefE #lust-eort erm-tc c11e4f3-lBwing-requirements: a. Underground Y-., n...rlI-i ew underground&t rage f_ilities se.l fer used in the of hezaRieus-stibmatti.. r-hn rde ste ..s,.,ll-be-el . ,. Dra e..t rele s.{.. I i:,:l.. a for peaaio alort l th.-ert l*e•o the-tame B e proteeted�ainst-eorre o�onstructed- nonoorraswe-m'taf"e"�riial.steel-Bled--with-a- thr atened rele eofa ea '•bsstenees afld I i.-e eter' t:.. g-of the ter.l.that: .,t:4.le.,:tl.the...l.rr....,.e,..be rii-----`c�yc-ii'*ctx�. ii.s i�zrrc iiraii-ti- -- "� c'c'srnc-ma stored. Eli ibev ott Tanks_ n ll aew abe 1 to fa-ilip proposed "e the rtefage-0f, h t2aFdeus-strbstaft^ r-he ors-wastes-shall a-tlesi constr-uetec�so as-te i. Not allow the-reef a tr-ctou__uhst-to e •l_,- ..a_ ,• • •ra H a .....i.,...e..f l s--n s,nderly the.tank o part-thereof and ,r. nscrrr-c'aricranC-rr.- . iii. Have-a-seenndaiy-esmaio ntsrstem ei„ iikt+nto the tank structure or a dike system built- out,iao -tat nk . ice. 2. Veh' a _ Vehicle repair and.,e .he.. nil ',,in o 5 -us is e4 iti-the p mvTJ-of- The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 134 Yakima Municipal Code Page 122/136 Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION 'el+:o ,:F. ' st•be sto etl-i a-n*m tef that pretests-t --lots-weather-andproviEles- b, No dry eJh-sha1I be all we in-erii-ical at ri r vehicle-feeair-and- serv-icing--y-wel #n onthe-site-pr.ier-to facility establisl meta-trnist-be-ahan4oned-using- teei ies-et thn tate Dap r to com+ e v tent-of ed act l�' -b� _ -tie-die 3.—Resident t tieidesand Ntufienis.--Application ot,„ea ehold st ides-laechicides-end- 4ertiIi shall-n ,:red ,I e-pa -PelFagi+tg: 4—UseofRe lai{eater-#arSur-fue-e-Rereolation-Ear--Dirac keehtiFge-\W reure-pr tests-#ice-Feclaime4.. water must be in-acoorda,,ce with tho ad aw-r-sewe ntp;ha aive-pktns-El,.,.I a„e b,eee.r-appr.oved-by- the-state Departments-of Ecology-and-4 ealth: .saeci_water_t r ..ciao neFe l.,tion n,.. groundwater -4+urge-criteria given in- a. Use ofrvc nt.,�..�.�,,.�,T�� st meet the rottttd••��°ra- RC W 90.16.01 Ul 1 O-I-ao �4ltr nl,-Tha-state-Department-e€-Sc>*logy-may-estal4ih-afl4itienal- diseltarree-lFttt a A!0O0f b. Direct itnebtiett-►ntist4•ie-itraevrFdattce-wttl}-th pcatl-by-aatllochy-ral RCW 90.4 6.012. F. Uses Prohibited from Critical .\clu:e•.Rec a u d- . The-f_Ilo V ,tivities.,,.l . ohibited ..l if eehn I. laart$tills-4 tt i4ls-fittedarli - Ii .a.. _ , pas solid st. tcia1_wastes-wood- 2. Unda round l••eatien 'hall:_r Tas. ,hsses 5F01,5D03,5F01,5 W09.5W 10. Ski'11.5-W31.5X13.5X11.5X15.5W20.5128.and 5N21 of Class V wells: 3. Wood Treatment F.,..:loos, Wooil-treattite,:-f n.r:ties that attowaav--tom oectif-f3 tHFal-and-innaiAedet1; 4 } eiltie--that store dim of radioactive ,bstn 5. Mining.1•kIc4-oek; nd. .,rl.,,:I. of nie le ed within th.,n ..l-r-eesignation- and 6. Other Prohibited Uses or Activities. a. eti-v-rtie+:-rhat--wa••t'icars r" niifteantly+--reduce-the-Fechargge•to-tatui' b.- ct v ties h base do o alatad stFeattr. G. Submittal Requirements. 1. Applications for auty development uet1v11y or division of-laan,'�•h°ti- e w.hy Va Limn,- . eeh lhead-prot jet�con--arm. shall--be-r"ei'ie yed—cl*' ti he-horcnne admi stcator to determ ne .,hether l., do me al ty.tf d'fi nt-stb ntion t dettermin� h,ther tteA.r.tous. .ls-y 4I_b .i h sh 1' tllcr�viSiic�cinaviv` - crtlmlc-�ncsnc-i-raa. :-- -".ac-�o-rrt--,tv�-mFri-��-ine- administ 'd4itional-i-nt n#ttion-1n-add-ition--to-a.'vsuhmittal r nts.utlined: YMC 17.09.010. '1 The dniin str tiv.- aa: �as'rn-i-r� The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 135 Yakima Municipal Code Page 123/136 Chapter 17.09 CRITICAL AREAS IN SIIORELINI JURISDICTION re-i+w++ed: b.--I-lazar-dous-n ater-ials-are4+welve however-e g-laws-t egwlatior uately-mitigate-aay- pete++tial impaet,and-desu+ ►+strate-eamplienee:• c. Nazardo+ts-+»atetials-are-i++veived-aed pact-sfitisal- evalhate-tl potential-i+rtpest-4-seataminsties:a=he eity-may-recle+ife�l+Y�regeelegie-fepeft-to-be-pfepared by a-qualified-grey er The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 136 Yakima Municipal Code Page 124/136 Chapter 17.11 EXISTING USES,STRUCTURES AND LOTS Chapter 17.11 EXISTING USES,STRUCTURES AND LOTS Sections: 17.11.005 Intent of provisions. 17.11.010 Nonconforming uses. 17.11.020 Nonconforming structures. 17.11.030 Nonconforming lots. 17.11.040 Preexisting legal uses—Conforming residential structures. 17.11.050 Additional requirements for certain uses. 17.11.005 Intent of provisions. 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 preexisting 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 subsection B of this section and YMC 17.11.040. B. Nonconforming single-family residential uses that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in YMC 17.01.090 upon approval of a shoreline conditional use permit by the hearing examiner. C. A legally established use,prior to the effective date of the master program,which is listed as a conditional use but for which a shoreline 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 this subsection D shall be considered a conforming use for purposes of this section. E. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two- year period,the nonconforming rights shall expire and any subsequent use shall be required to conform to this title. 17.11.020 Nonconforming structures. A. Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks,buffers or yards;area;bulk;height or density may be maintained and repaired and may be enlarged or expanded;provided,that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 137 Yakima Municipal Code Page 125/136 Chapter 17.11 EXISTING USES,STRUCTURES AND LOTS 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 fifty percent in flood hazard areas and seventy-five percent in the remainder of shoreline jurisdiction 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. 17.11.030 Nonconforming lots. A. In any district,any permitted use or structure may be erected on any existing lot or parcel.This provision shall apply even though such lot fails to meet the minimum dimensional requirements of this SMP;provided,that such structure is allowed within the shoreline environment and all uses of the nonconforming lot shall comply with all other provisions of the SMP and underlying zoning requirements including setbacks,dimensional standards,and lot coverage requirements. B. Structures and customary accessory buildings on nonconforming lots shall be set back from the OHWM to the greatest extent feasible.Development proposed inside required buffers shall go through mitigation sequencing,shall require a mitigation plan and shoreline variance,per YMC 17.13.080,when unable to meet the provisions of YMC 17.09.030. 17.11.040 Preexisting legal uses—Conforming residential structures. Notwithstanding YMC 17.11.010 to 17.11.030,the following shall apply to preexisting legal residential structures constructed prior to the effective date of this SMP: 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: 1. 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 2. Affects the application of other federal,state,or city requirements to residential structures. 17.11.050 Additional requirements for certain uses. Nonconforming uses and structures not covered by RCW 90.58.270(5),90.58.620,and not addressed by the SMP must comply with WAC 173-27-080. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 138 Yakima Municipal Code Page 126/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT Chapter 17.13 ADMINISTRATION AND ENFORCEMENT Sections: 17.13.010 Roles and responsibilities. 17.13.020 Interpretation. 17.13.030 Statutory noticing requirements. 17.13.040 Application requirements. 17.13.050 Exemptions from shoreline substantial development permits. 17.13.060 Shoreline substantial development permits. 17.13.070 Shoreline conditional use permits. 17.13.080 Shoreline variance permits. 17.13.090 Duration of permits. 17.13.100 Initiation of development. 17.13.110 Review process. 17.13.120 Appeals. 17.13.130 Amendments to permits. 17.13.140 SMP amendments. 17.13.150 Enforcement. 17.13.160 Monitoring. 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 except for those involving nonconforming uses,which shall be the responsibility of the hearing examiner. 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 Chapter 197-11 WAC and Chapter The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 139 Yakima Municipal Code Page 127/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT 43.21C RCW.The responsible SEPA official is designated in accordance with the city's SEPA implementation ordinance. C. Hearing Examiner.The hearing examiner shall have the authority to: 1. Decide on appeals from administrative decisions issued by the shoreline administrator of this SMP. 2. Grant or deny variances from this SMP. 3. Grant or deny shoreline conditional use permits associated with nonconforming uses. 4. The hearing examiner may,at the request of the shoreline administrator,receive and examine available information,conduct public hearings and prepare records and reports thereof,and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits. D. Planning Commission.The planning commission is vested with the responsibility to review the SMP as part of regular SMP updates required by RCW 90.58.080 as a major element of the city's planning and regulatory program,and make recommendations for amendments thereof to the city council. 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 Chapter 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. A. Applicants shall follow the noticing requirements of the city.At a minimum,the city shall provide notice in accordance with WAC 173-27-110,and may provide for additional noticing requirements.Per WAC 173-27-120 the city shall comply with special procedures(public notice timelines,appeal periods,etc.)for limited utility extensions and bulkheads. B. The following subsections provide a summary of noticing days.The city shall consult the most current version of WAC 173-27-110 and 173-27-120 to confirm the days. In case of conflict,state statutes or rules shall control: 1. Issuance of Notice of Application.Notice of application shall be provided within fourteen days after the determination of completeness of the application. 2. Statement of Public Comment Period.The notice of application shall state the public comment period which shall be not less than thirty days following the date of notice of application,unless otherwise specified for limited utility extensions or single-family bulkheads below. 3. Notice of Application Prior to Hearing.If an open record predecision hearing,as defined in RCW 36.70B.020,is required for the requested project permits,the notice of application shall be provided at least fifteen days prior to the open record hearing. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 140 Yakima Municipal Code Page 128/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT 4. Limited Utility Extension or Single-Family Bulkhead. An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single- family residence and its appurtenant structures from shoreline erosion shall be subject to all of the requirements of this chapter except that the following time periods and procedures shall be used: a. The public comment period shall be twenty days.The notice provided shall state the manner in which the public may obtain a copy of the city's decision on the application no later than two days following its issuance; b. The city shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in subsection(B)(2)of this section;and c. If there is an appeal of the decision to grant or deny the permit to the hearing examiner,the appeal shall be finally determined by the hearing examiner within thirty days. 17.13.040 Application requirements. A. A complete application for a shoreline substantial development,shoreline conditional use,or shoreline variance permit shall contain,at a minimum,the information listed in WAC 173-27-180.In addition,the applicant, including those applying for exemption status,shall provide the following materials: 1. An assessment of the existing ecological functions and/or processes provided by topographic,physical and vegetation characteristics of the site and any impacts to those functions and/or 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 two hundred fifty 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. 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. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 141 Yakima Municipal Code Page 129/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT 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 YMC 17.13.050. B. A shoreline substantial development permit shall be granted only when the development proposed is consistent with: 1. The policies and procedures of the SMA; 2. The provisions of Chapter 173-27 WAC; 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. 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 and by the Department of Ecology. C. Other uses which are not classified or listed or set forth in this SMP may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in this SMP. D. Uses which are specifically prohibited by this SMP may not be authorized as a conditional use. 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. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 142 Yakima Municipal Code Page 130/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT F. In the granting of all shoreline conditional use permits,consideration shall be given to the cumulative impact of additional requests for like actions in the area.For example,if shoreline conditional use permits were granted for other developments in the area where similar circumstances exist,the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. G. In authorizing a conditional use,special conditions may be attached to the permit by the city or Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the SMA and this SMP. H. Nothing shall interfere with the city's ability to require compliance with all other applicable plans and laws. 17.13.080 Shoreline variance permits. A. The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in this shoreline master program where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this shoreline master program would impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020.Variances from the use regulations of the SMP are prohibited. 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 YMC 17.01.090,and/or landward of any wetland as defined in YMC 17.01.090,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 the criterion in subsection(B)(2)(a)of this section 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 YMC 17.01.090,or within any wetland as defined in YMC 17.01.090,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 the regulation in subsection(B)(2) of this section;and The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX# B-1 143 Yakima Municipal Code Page 131/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT c. That the public rights of navigation and use of the shorelines will not be adversely affected. C. In the granting of all variance permits,consideration shall be given to the cumulative impact of additional requests for like actions in the area.For example,if variances were granted to other developments and/or uses in the area where similar circumstances exist,the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment. 17.13.090 Duration of permits. Time duration requirements for shoreline substantial development,shoreline variance,and shoreline conditional use permits shall be consistent with the following provisions: A. General Provisions.The time requirements of this section shall apply to all shoreline substantial development permits and to any development authorized pursuant to a shoreline conditional use permit or shoreline variance authorized by this chapter.Upon a finding of good cause,based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of this SMP and this chapter,the city may adopt different time limits from those set forth in subsections B and C of this section as a part of an action on a shoreline substantial development permit. B. Commencement.Construction activities shall be commenced or,where no construction activities are involved,the use or activity shall be commenced within two years of the effective date of a shoreline substantial development permit,shoreline conditional use permit,or shoreline variance.Commencement means taking the action on the shoreline project for which the permit was granted shall begin.For example,beginning actual construction or entering into binding agreements or contractual obligations to undertake a program of actual construction.However,the city may authorize a single extension for a period not to exceed one year based on reasonable factors if a request for extension has been filed with a complete extension application submittal before the expiration date and notice of the proposed extension is given to parties of record on the shoreline substantial development permit,shoreline conditional use permit,or shoreline variance and to Ecology. 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 FeeeipWiling as provided in RCW 90.58.140(6).The permit time periods in subsections B and C of this section do not include the time during which a use or activity was not actually pursued due to pending administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed,including all reasonably related administrative or legal actions on any such permits or approvals.The applicant shall be responsible for informing the city of the pendency of other permit applications filed with agencies other than the city and of any related administrative and legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given by the applicant to the city prior to the date of the last action by the city to grant permits and approvals necessary to authorize the development to proceed,including administrative and legal actions of the city, and actions under other city development regulations,the date of the last action by the city shall be the effective date. E. Revisions.Revisions to permits may be authorized after original permit authorization has expired;provided, that this procedure shall not be used to extend the original permit time requirements or to authorize substantial development after the time limits of the original permit. F. Notification to Ecology.The city shall notify Ecology in writing of any change to the effective date of a permit,as authorized by this section,with an explanation of the basis for approval of the change.Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as amended shall require a new permit application. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 144 Yakima Municipal Code Page 132/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT 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 days from the date of reeeipt filing with Ecology as defined in RCW 90.58.140(6)and WAC 173-27-130,or until all review proceedings initiated within twenty-one days from the date of'eeeipt-filing of the decision.The date of'eeeipt-filing for a substantial development permit means that date the- applican' r ritten neti. ;,that Ecology tha�„�-it-har received a final The-decision from the City. With regard to a permit for a shoreline variance or a shoreline conditional use,date of receipt tiling means the date the 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 shoreline conditional use permit or shoreline 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 Ecology's final decision to those interested persons having requested notification from local government pursuant to WAC 173-27-130. 17.13.115 Special procedures for WSDOT projects. A. Permit review time for projects on a state highway.Pursuant=o RCW 47.01.485,the Legislature established a target of90.days review time for local governments. B. Optional process allowing construction to commence twenty-one days after date of filing. Pursuant to RCW 90.58.140, Washington State Department of Transportation projects that address significant public safety risks may_ begin twenty-one days after the date of filing if all coniponents of the project will achieve no net loss of shoreline ecological functions. 17.13.120 Appeals. A. Administrative review decisions by the administrator,based on a provision of this SMP,may be the subject of an appeal to the hearing examiner by any aggrieved person. Such appeals shall be an open record hearing before the hearing examiner. B. Appeals of exemptions are allowed only for exemptions where a letter is required pursuant to YMC 17.13.050. C. Appeals must be submitted within fourteen 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: 1. The decision or interpretation being appealed,including the file number reference and the specific objections in the decision document; The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 145 Yakima Municipal Code Page 133/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT 2. The name and address of the appellant and his/her interest(s)in the application or proposed development; 3. The specific reasons why the appellant believes the decision or interpretation to be erroneous,including identification of each finding of fact,each conclusion,and each condition or action ordered which the appellant alleges is erroneous.The appellant shall have the burden of proving the decision or interpretation is erroneous; 4. The specific relief sought by the appellant;and 5. The appeal fee established by the city. D. Per WAC 173-27-120,the city shall comply with special procedures for limited utility extensions and bulkheads.If there is an appeal of the decision to grant or deny the permit to the hearing examiner,the appeal shall be finally determined by the hearing examiner within thirty days. E. Appeals to the shoreline hearings board of a final decision on a shoreline substantial development permit, shoreline conditional use permit,shoreline variance,or a decision on an appeal of an administrative action may be filed by the applicant or any aggrieved party pursuant to RCW 90.58.180 within twenty-one days of reseipt-filing 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 square feet or ten percent from the provisions of the original permit,whichever is less; 2. Ground area coverage and height may be increased a maximum of ten percent from the provisions of the original permit; 3. The revised permit does not authorize development to exceed height,lot coverage,setback,or any other requirements of this SMP except as authorized under a shoreline variance granted as the original permit or a part thereof; 4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with this SMP; 5. The use authorized pursuant to the original permit is not changed;and 6. No adverse environmental impact will be caused by the project revision. 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. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 146 Yakima Municipal Code Page 134/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT 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 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 of this section,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 days from the date of oec ipt-iilIriQ 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 of this section.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. Assure that the master program complies with applicable law and guidelines in effect at the time of the review;and 2. 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 fourteen days from the date of Ecology's written notice of final approval. C. The SMP may be amended annually or more frequently as needed pursuant to the Growth Management Act. D. Initiation.Future amendments to this shoreline management plan may be initiated either by any person, resident,property owner,business owner,governmental or nongovernmental agency,shoreline administrator, planning commission,or city council as appropriate. E. Application.Applications for shoreline master program amendments shall specify the changes requested and any and all reasons therefor.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 Chapter 36.70A RCW,the Growth Management Act,and information necessary to meet minimum public review procedures in subsection F of this section. 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 l73.2 ,WAC 173-26-100, WAC 173- f-1O44RCW 36.70A.106 and 36.70A.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. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 147 Yakima Municipal Code Page 135/136 Chapter 17.13 ADMINISTRATION AND ENFORCEMENT H. Finding.Prior to approval,the city shall make a finding that the amendment would accomplish subsections (H)(1)or(2)of this section,and must accomplish subsection(H)(3)of this section: 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. 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 Chapter 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,this SMP,or other regulation promulgated under the Act. 17.13.160 Monitoring. A. The city will track all shoreline permits and exemption activities to evaluate whether the SMP is achieving no net loss of shoreline ecological functions.Activities to be tracked using the city's permit system include development,conservation,restoration and mitigation,such as: 1. New shoreline development. 2. Shoreline variances and the nature of the variance. 3. Compliance issues. 4. Net changes in impervious surface areas,including associated stormwater management. 5. Net changes in fill or armoring. 6. Net change in linear feet of flood hazard structures. 7. Net changes in vegetation(area,character). B. Using the information collected per subsection A of this section,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. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 148 Yakima Municipal Code Page 136/136 APPENDIX gA:DESIGNATED TYPE 2 STREAM CORRIDORS APPENDIX RA: DESIGNATED TYPE 2 STREAM CORRIDORS The following stream reaches within Yakima County are designated critical areas under the City of Yakima's Critical Areas in Shoreline Jurisdiction(YMC Chapter 17.09)or the City of Yakima's Critical Areas Ordinance ;YMC Ch. 15.27): 1. Bachelor Creek:From source at Ahtanum Creek(SEC13-TWP12N-RGE16 EWM)downstream to its mouth at Ahtanum Creek(SEC1-TWP12N-RGE18E). 2. Cottonwood Canyon Creek:From the south line of SEC32-TWP13N-RGE17E,downstream to mouth at Wide Hollow Creek(SEC36-TWP 13N-RGE17E). 3. Hatton Creek:From its source at Ahtanum Creek(SEC18-TWP12N-RGE17)downstream to its confluence with Ahtanum Creek(SEC18-TWP12N-RGE18E). 4. Wide Hollow Creek:From the east line of the SW1/4 of the NW1/4(SEC28-TWP13N-RGE17E)downstream to the mouth at the Yakima River. 5. Cowiche Creek:that portion which is not designated Type 1. 6. Spring Creek and associated tributaries. The Yakima Municipal Code is current through Ordinance 2020-012,passed May 19,2020. DOC INDEX#B-1 149 SHORELINE MASTER PROGRAM UPDATE SEPA#008-20 EXHIBIT LIST CHAPTER C Environmental Review Checklists tedc :liMENT DATE INDEX t#1 C-1 Shoreline Master Program Periodic Review Checklist 05/2021 C-2 SEPA Checklist 05/04/2021 C-3 Critical Areas Checklist 05/2021 150 yifTi... 4 :• Department of Commerce 141 M e CRITICAL AREAS CHECKLIST A Technical Assistance Tool From Growth Management Services—updated April 2019 Name of city or county: City of Yakima Staff contact,phone,and e-mail address: Joseph Calhoun,509-575-6042,Joseph.Calhoun@YAKIMAWA.GOV INSTRUCTIONS Contents This checklist is intended to help local governments update their development Instructions 1 regulations, pursuant to the schedule in RCW 36.70A.130(4)(updated in 2012). We strongly encourage but do not require jurisdictions to complete the Overall Requirements 2 checklist and return it to Growth Management Services(GMS),along with their updates. This checklist may be used by all jurisdictions, including those local Wetlands 3 governments planning for resource lands and critical areas only. For general information on update requirements, refer to Keeping your Comprehensive Plan Critical Aquifer Recharge and Development Regulations Current:A Guide to the Periodic Update Process Areas 4 under the Growth Management Act,August,2016 and WAC 365-196-610 (updated in 2015). Frequently Flooded Bold items are a GMA requirement or may be related requirements of other Areas 5 state or federal laws. Geologically Hazardous Commerce WAC provisions are advisory under Commerce's statutory mandate Areas 6 to provide technical assistance, RCW 43.330.120 which states that the Department of Commerce"...shall help local officials interpret and implement Fish and Wildlife Habitat the different requirements of the act through workshops,model ordinances, Conservation Areas 7 and information materials." Underlined items are links to Internet sites and may Designating and Protecting include best practices or other ideas to consider. If you have questions, call GMS Waters of the State 8 at(360) 725-3066. Updates to Commerce WAC—Revisions to the Commerce WAC relating to critical Anadromous areas have been provided in a table with dates of changes on the Growth Fisheries 8 Management Act Periodic Update web site.The table can be used with this Reason Use Exceptions 8 checklist to determine what changes have been made since the last update of your critical areas regulations. Agricultural Activities 9 How to fill out the checklist Using the current version of your critical areas regulations,fill out each item in Forest Practices the checklist. Select the check box or type in text fields,answering the following Regulations 9 question: Is this item addressed in your current Critical Areas Ordinance(CAO)?If YES,fill Good Ideas 9 in the form with citation(s)to where in the plan or code the item is addressed. We recommend using citations rather than page numbers because they stay the same regardless of how the document is printed. If you have questions about the requirement,follow the hyperlinks to the relevant statutory provision or rules. If you still have questions,visit the Commerce Growth Management Services Web page or contact one of the Commerce planners assigned to your region. DOC. IND 3 Updated through laws of 2018 151 CRITICAL AREAS Regulations protecting critical areas are required by RCW 36.70A.060(2)and RCW 36.70A.172(1). WAC 365-195- 900 through 925 provide guidelines. Guidance can also be found in Commerce's Critical Areas Handbook (Upda led J une. 2018);the Minimum Guidelines WAC 365-190-080—130;,Best Available Science,Chapter 365-195 WAC; and Procedural Criteria, WAC 365-196-485 and WAC 365-196-830,and on Growth Management's Critical Areas webpage. Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where OVERALL REQUIREMENTS 1. Designation:YMC 17.09.010.B;YMC 15.27 The CAO includes best available science to clearly designate and protect all critical Part One areas that might be found within the jurisdiction. 2. Definitions:YMC 1. Designation of Critical Areas 17.01.090;YMC RCW 36.70A.170(1)(d)required all counties and cities to designate critical areas. 15.27.200 RCW 36.70A.170(2) requires that counties and cities consider the Commerce 3. Protection:YMC Minimum Guidelines pursuant to RCW 36.70A.050. 17.09.010 .060;YMC Ch. 15.27 multiple RCW 36.70A.050 directed Commerce to adopt the Minimum Guidelines to classify references critical areas. WAC 365-190-080 through 130(updated in 2010) provide guidance 4. Best available science: on defining or"designating"each of the five critical areas. YMC 17.09;YMC WAC 365-190-040(updated in 2010) outlines the process to classify and designate 15.27.150 natural resource lands and critical areas. Was BAS documented in the 2. Definition of Critical Areas record for the review and updates to the critical areas RCW 36.70A.030 provides definitions for each type of critical area.Sections(5) regarding fish and wildlife habitat conservation areas; (9)regarding geologically regulations? hazardous areas; and (21) regarding wetlands were updated in 2010. ❑x Yes WAC 365-190-030(updated 2010)provides definitions in the Minimum Guidelines. p No 3. Protection of Critical Areas Location in Text: RCW 36.70A.060(2) required counties and cities to adopt development regulations that protect the critical areas required to be designated under RCW 36.70A.170. YMC 17.09 is the critical 1 requires the inclusion of best available science in developingareas regulations integrated RCW 36.70A.172 ( ) q into the SMP. These policies and development regulations to protect the functions and values of critical regulations were last areas. In addition,counties and cities must give special consideration to updated in 2017,along with conservation or protection measures necessary to preserve or enhance the City's critical areas anadromous fisheries. regulations in YMC 15.27 4. Inclusion of Best Available Science updated during the required RCW 36.70A.172(1) requires inclusion of the best available science(BAS). Comprehensive Plan Update Chapter 365-195 WAC outlines recommended criteria for determining which under GMA. The 2017 information is the BAS,for obtaining the BAS,for including BAS in policies and update included a BAS regulations,for addressing inadequate scientific information,and for review. Only a few demonstrating"special consideration"to conservation or protection measures additional science based necessary to preserve or enhance anadromous fisheries. updates are proposed in this periodic update of the SMP, WAC 365-195-915 provides criteria for including BAS in the record. primarily based on changes to Washington Department of Ecology recommended Page 2—Updated through laws of 2018 ooc. Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet sit1N®Ex # G-3 152 Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where wetland buffers and an update to Ecology's Wetland Mitigation in Washington State, Part 1:Agency Policies and Guidance(Version 2). A number of other updates are also proposed to resolve minor inconsistencies within YMC 17.09 or to improve consistency with YMC 15.27. For example,YMC 17.09 had not included the stream buffer width update for Type, 2 streams based on Yakama Nation input that was part of the update of YMC 15.27. The critical aquifer recharge area section of YMC 17.09 has also been updated to match YMC 15.27. Note:SMA uses the term "best available scientific and technical information" in lieu of"best available science." WETLANDS DEFINITION Is the wetland definition The definition of wetlands is consistent with RCW 36.70A.030(28) (updated in consistent with RCW 2012). 36.70A.030(28)? ❑8 Yes 0 No ❑ N/A Location in Text: YMC 17.01.090;YMC 15.27.200 WETLANDS DELINEATION Are wetlands delineated Wetlands are delineated using the 1987 Federal Wetland Delineation Manual and using the 1987 Federal Regional Supplements in accordance with WAC 173-22-035(updated in 2011). Wetland Delineation Manual and Regional Supplements? See Ecology's Wetland Delineation page and WAC 365-190-090(updated in 2010) ❑x Yes for additional assistance. 0 No 0 N/A Location in Text: YMC 17.09.040.6.1;YMC 15.27.601 Page 3—Updated through laws of 2018 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet, DEgp 153 Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where WETLANDS PROTECTION Do the regulations use a rating system to determine Policies and regulations protect the functions and values of wetlands. RCW wetlands protection? 36.70A.172(1)Counties and cities are encouraged to make their actions consistent with the intent and goals of"protection of wetlands", Executive Order 89-10 as it ❑x Yes existed on September 1, 1990. ❑ No ❑ N/A WAC 365-190-090(3) recommends using a wetlands rating system that evaluates the existing wetland functions and values to determine what functions must be Location in Text protected. Ecology updated its recommended wetlands rating systems effective YMC 17.09.040.D.2;YMC January 2015. For information on the rating system, including the July 2018 15.27.603 adjustments to ranges for habitat scores,see: • 2014 Updates to the Washington State Wetland Rating Systems • Washington State Wetland Rating System for Western Washington • Washington State Wetland Rating System for Eastern Washington For other resources and guidance on protecting wetlands,go to Ecology's Local Wetland Regulations: Growth Management Act technical assistance. CRITICAL AQUIFER RECHARGE AREAS Policies and regulations protect the functions and values of critical aquifer If groundwater is used for recharge areas. RCW 36.70A.172(1). potable water,do Policies and regulations protect the quality and quantity of groundwater used for regulations protect the quality and quantity of public water supplies. RCW 36.70A.070(1)and WAC 365-196-485(1)0d). (Required ground water? if groundwater is used for potable water.) ❑x Yes ❑ No The following references also relate to protection of groundwater resources: 0 N/A RCW 90.44—Regulation of Public Groundwaters Location in text: RCW 90.48—Water Pollution Control(1971) RCW 90.54—Water Resources Act of 1971 YMC 17.09.060;YMC RCW 36.36.020-Creation of aquifer protection area (1988) 15.27.800 WAC 365-190-100 Critical Aquifer Recharge Areas(2010) Are the critical aquifer WAC 173-100 Groundwater Management Areas and Programs (1988) recharge regulations WAC 173-200 Water Quality Standards for Groundwaters of the State of consistent with current Washington (1990) mapping of these critical WAC 365-196-735 Consideration of state and regional planning provisions(list) areas? (2010) ❑x Yes The Critical Aquifer Recharge Areas Guidance Document (2005) provides 0 No information on protecting functions and values of critical aquifer recharge areas, 0 N/A best available science, how to work with state and local regulations and adaptive Location in text: management. CARA mapping and regulations were updated Also, consider the following: together in 2017 in YMC 15.27.800-820. This update Page 4—Updated through laws of 2018 Note: Bold items and checkboxes are a requirement of the GMA. � � Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet si s. INDEX 154 Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where • Prohibiting or strictly regulating hazardous uses in critical aquifer recharge is now incorporated in YMC areas (CARAs)and designating and protecting wellhead areas.See Ecology's 17.09.060. The mapping guidance on Critical Aquifer Recharge Areas. followed Washington Department of Ecology • Limiting impervious surfaces to reduce stormwater runoff,as required under "Critical Aquifer Recharge Phase I and II municipal stormwater permits. Ecology's Stormwater Manual for Areas Guidance Document" Western Washington (updated in 2012)includes low impact development(LID) (Morgan, 2005). related definitions, requirements, and an LID performance standard.See Stormwater Management and Design Manuals on Ecology's web page. • See Stormwater Drainage and Water Quality on page 7 of this checklist for additional LID resources. FREQUENTLY FLOODED AREAS Regulations protect the functions and values of frequently flooded areas and Are frequently flooded safeguard the public from hazards to health and safety. RCW 36.70A.172(1) WAC areas designated and 365-196-830 provides:" "Protection" in this context means preservation of the regulated using FEMA and functions and values of the natural environment,or to safeguard the public from Ecology guidance? hazards to health and safety." WAC 365-190-110(updated in 2010)directs counties and cities to consider the ❑ Yes following when designating and classifying frequently flooded areas: ❑x No (a) Effects of flooding on human health and safety, and to public facilities and ❑ N/A services; Location in Text: (b)Available documentation including federal,state,and local laws, YMC 15.27 Part 4 regulations,and programs, local studies and maps,and federal flood insurance programs, including the provisions for urban growth areas in RCW 36.70A.110; The City received Ecology (c)The future flow flood plain,defined as the channel of the stream and that input on YMC 17.09.020 portion of the adjoining flood plain that is necessary to contain and (Flood Hazard Areas) in discharge the base flood flow at build out; April 2021. Based on some (d)The potential effects of tsunami, high tides with strong winds,sea level rise, conflicts between SMA and and extreme weather events, including those potentially resulting from flood management global climate change; processes and definitions, it (e)Greater surface runoff caused by increasing impervious surfaces. was decided to remove 17.09.020 from the SMP. Classification of and regulations for frequently flooded areas should not conflict Instead Part 4 of YMC 15.27 with the Federal Emergency Management Agency(FEMA) requirements for the (Flood Hazard Areas)will National Flood Insurance Program. See Ecology's Frequently Flooded area apply in shoreline guidance and 44 CFR 60. jurisdiction (but not be adopted into the SMP),and Communities that are located on Puget Sound or the Strait of San Juan de Fuca,or the City will be updating have lakes,rivers or streams that directly or indirectly drain to those water bodies, YMC 15.27(including Part 4 are subject to the National Flood Insurance Program Biological Opinion (BiOp)for consistent with Ecology's Puget Sound (https://www.ferna.gov/media-library/assets/documents/300211. The comments) in Summer biological opinion required changes to the implementation of the National Flood 2021. Insurance Program in order to meet the requirements of the Endangered Species Act(ESA) in the Puget Sound watershed. FEMA Region X has developed an Page 5—Updated through laws of 2018 Note: Bold items and checkboxes are a requirement of the GMA. D C Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet si1EN Di yy 155 Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where implementation plan that allows communities to apply the performance standards Are you utilizing your CAO contained in the Biological Opinion by implementing: as part of a programmatic 1)a model ordinance Shttps://www.fema.gov/media- response to the BiOp? librarv/assets/documents/853391; 2)a programmatic Checklist ❑ Yes (https://www.fema.eov/media-librarv/assets/documents185336);or ❑ No 3)on a permit by permit basis (https://www.fema.gov/media- librarv/assets/documents/85343) as long as it can be demonstrated that there is no N/A adverse effect to listed species. Communities have the option of utilizing their Location in Text: CAOs as part of a programmatic response to address the requirements of the The BiOp applies to Puget biological opinion. FEMA must approve a community's biological opinion Sound Watershed only. compliance strategy. Additional resources: RCW 86.12 Flood Control by Counties RCW 86.16 Floodplain Management RCW 86.26 State Participation in Flood Control Maintenance RCW 86.16.041 Floodplain Management Ordinance and Amendments WAC 173-158-070 Requirements for construction in Special_Flood Hazard Areas DEFINITION OF GEOLOGICALLY HAZARDOUS AREAS Is the geologically The definition of geologically hazardous areas is consistent with RCW hazardous areas definition 36.70A.030(12) (updated 2012). consistent with "Geologically hazardous areas" means areas that because of their susceptibility to RCW 36.70A.030(12)? erosion,sliding,earthquake,or other geological events, are not suited to the siting ❑x Yes of commercial, residential,or industrial development consistent with public health ❑ No or safety concerns. ❑ N/A Location in Text: YMC 17.09.050.A.1; Definition needs to be added to YMC 15.27.200 Note:the RCW definition names specific development types—the City's code refers to "incompatible" development more generally. PROTECTION OF GEOLOGICALLY HAZARDOUS AREAS Regulations protect the functions and values of geologically hazardous areas and safeguard the public from hazards to health and safety.RCW 36.70A.172(1) WAC 365-196-830(2010) provides:" "Protection" in this context means preservation of the functions and values of the natural environment, or to safeguard the public from hazards to health and safety." Page 6—Updated through laws of 2018 Note: Bold items and checkboxes are a requirement of the GMA. D M Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet siteINDE #_G�..3.r:� 156 Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where Geologically hazardous areas are designated,and their use is regulated or limited Are uses in geologically consistent with public health and safety concerns. RCW 36.70A.030(10)provides hazardous areas designated a definition (updated in 2012)and WAC 365-190-120 describes the different types and regulated or limited of hazardous areas(2010): consistent with public • Geologically hazardous areas include: health and safety? • seismic hazards ❑x Yes • tsunami hazards ❑ No • landslide hazards, ❑ N/A • areas prone to erosion hazards Location in Text: • volcanic hazards • channel migration zones All of YMC 17.09.050, • areas subject to differential settlement from coal mines or other particularly B,C and E;YMC subterranean voids. 15.27 Part 7 • Critical facilities,such as hospitals and emergency response centers, hazardous materials storage,etc.should be restricted in hazard zones. The Department of Natural Resource's Geologic Hazards and the Environment website includes information on earthquakes and faults, landslides,volcanoes and lahars,tsunamis, hazardous minerals,emergency preparedness and includes geologic hazard maps. DEFINITION OF FISH AND WILDLIFE HABITAT AND Is the FWHCA definition CONSERVATION AREAS consistent with The definition of fish and wildlife habitat conservation areas is consistent with RCW 36.70A.030(6)? RCW 36.70A.030(6) (updated 2012) and WAC 365-190-030(updated in 2015).The ❑x Yes definition of fish and wildlife habitat conservation areas was amended to state that ❑ No they do not include: "such artificial features or constructs as irrigation delivery ❑ N/A systems, irrigation infrastructure,irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation Location in Text: district or company". YMC 17.01.090;YMC 15.27.200 PROTECTION OF FISH AND WILDLIFE HABITAT AND Have you reviewed your CONSERVATION AREAS regulations regarding any applicable changes in Policies and regulations protect the functions and values of fish and wildlife management habitat conservation areas. RCW 36.70A.172(1)and RCW 36.70A.030(5) (updated recommendations for 2012). priority habitats and WAC 365-190-130(4)encourages to local jurisdictions consult WDFW's Priority species? Habitat and Species web site. Recent updates include: ❑x Yes ❑ No ❑ N/A Location in Text Page 7—Updated through laws of 2018 Note: Bold items and checkboxes are a requirement of the GMA. p qC. Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet sites. .a 157 Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where • Priority Habitat and Species maps(updated daily) YMC 17.09.010.Q has been • Priority Habitats and Species List (updated June 2016) amended to add a • Mazama Pocket Gopher(2011, 2016) requirement for discussion • Great Blue Heron (2012) of federal,state or local • Western Gray Squirrel (2010) management recommendations for • Water Crossing Design Guidelines (2013) species and habitat in • Stream Habitat Restoration Guidelines(2012) FWHCA reports. This was • Shrub-Steppe (2011) already included in YMC • Land Use Planning,for Salmon,Steelhead and Trout(2011) 115.27. YMC 17.09.030.D.3 • Landscape Planning for Washington's Wildlife(2009) already required use of • Aquatic Habitat Guidelines (2010, 2010,2014) those management • Riparian Management recommendations(1997) recommendations for • Riparian Ecosystems,Volume 1:Science Synthesis and Management design of projects in or near Implications(2018) FHWCAs. Have you reviewed your Areas"with a primary association with listed species"should be considered per regulations regarding any changes in species listings? WAC 365-190-130(2)(a). Recent uplistings and delistings are: • Uplisting of marbled murrelet to State Endangered—February 4, 2017 ❑ Yes • Uplisting of Canada lynx to State Endangered—February 4, 2017 ❑ No • Peregrine falcon delisted from State Sensitive—February 4, 2017 ID N/A a. The peregrine will remain classified as "protected wildlife" under Location in Text state law(WAC 220-200-100)and will continue to be protected The City's code does not under the federal Migratory Bird Treaty Act. identify species by name so • Bald Eagle delisted from State Sensitive- February 4, 2017 this is not necessary; a. 2011: Downlisted from State Threatened to Sensitive (this ended species are referenced the requirement to develop Bald Eagle Protection Plans per WAC more broadly based on 220-610-100—a change which many CAOs still don't reflect). their local,state or federal b. 2007: Delisted from federal Threatened (but still covered by the status. federal Bald and Golden Eagle Protection Act) Also see the Puget Sound Partnership's Salmon Recovery web site for WRIA Plans in Puget Sound. Page 8—Updated through laws of 2018 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet i x 158 Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where DESIGNATING AND PROTECTING WATERS OF THE STATE Do you designate waters of the state as FWHCAs? RCW 90.48.020 defines waters of the state,which include all surface waters,salt ❑x Yes waters,groundwater and all other water courses in Washington.WAC 365-190- 130(2) updated in 2010) recommends designating all waters of the state as fish ❑ No and wildlife habitat conservation areas(FWHAs). ❑ N/A Stream types are classified in WAC 222-16-030(updated in 2006)with field Location in Text verification,or an alternate system that considers factors listed in WAC 365-190- YMC 17.09.030.C.4;YMC 130(4)(f)(iii). See http://www.dnr.wa.gov/forest-practices-water-typing to use 15.27.502 Washington State Department of Natural Resources(DNR)'s stream typing system. Establish buffers to maintain no net loss of riparian ecosystem functions. Do your regulations protect Designate areas that risk contaminating or harming shoreline resources including waters of the state? tidelands and bedland suitable for shellfish harvest, kelp and eelgrass beds and 0 Yes forage fish spawning areas. ❑ No ❑ N/A Location in Text: Entire section YMC 17.09.030, particularly H through P.;YMC 15.27 Part 5 ANADROMOUS FISHERIES Do your regulations give Policies and regulations for protecting critical areas give special consideration to special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries? anadromous fisheries. RCW 36.70A.172(1) is the requirement and WAC 365-195- ❑x Yes 925 (updated in 2000) lists criteria involved.This requirement applies to all five ❑ No types of critical areas. ❑ N/A WAC 365-190-130( ((l recommends sources and methods for protecting fish and Location in Text: wildlife habitat conservation areas, including salmonid habitat. Counties and cities Numerous regulations in may use information prepared by the United States Department of the Interior Fish Titles 15 17 and more and Wildlife Service, National Marine Fisheries Service,the Washington State specifically in YMC Department of Fish and Wildlife,the State Recreation and Conservation Office, and 17.09.030 and 15.27.150 the Puget Sound Partnership to designate, protect and restore salmonid habitat. directly or indirectly give Counties and cities should consider recommendations found in the regional and special consideration to watershed specific salmon recovery plans (see the Governor's Salmon Recovery anadromous fish and their Office webpage and the Puget Sound Partnership's Salmon Recovery webp ge). habitat. The increase of Land Use Planning for Salmon,Steelhead and Trout: A land use planner's guide to the buffer for Type 2 salmonid habitat protection and recovery(October 2009) is an excellent resource. waters (salmonid-bearing) The Washington State Recreation and Conservation Office(RCO)website includes from 75 to 100 feet information on salmon recovery efforts. provides special consideration to anadromous fish. REASONABLE USE EXCEPTIONS Do you have reasonable use provisions? Page 9—Updated through laws of 2018 Note: Bold items and checkboxes are a requirement of the GMA.Other items are other state or federal laws or examples of best practices. Hight: items are links to Internet siteS�1�j�s C° g'. ��// ND X G -3 159 Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where The Critical Areas Ordinance(CAO)allows for"reasonable use"if the CAO would ❑x Yes otherwise deny all reasonable use of property. Reasonable use provisions should ❑x No limit intrusions into critical areas to the greatest extent possible. RCW 36.70A.370 (1991). Common exemptions include emergencies, remodels that do not further Location in Text: extend into critical areas,surveying,walking,and development that has already YMC 15.27.318 been completed with critical areas review under a previous permit. See Critical Not allowed in an SMP. Areas Handbook, Chapter 3:Structuring Co: .II Areas Regulations,p.9(t?;_ There are shoreline June, 2018). variance provisions in YMC 17.13.080. AGRICULTURAL ACTIVITIES NOT UNDER VSP (COUNTIES Did you review your ONLY) regulations as they apply to agricultural activities? Critical areas regulations as they specifically apply to agricultural activities in counties or ❑ Yes watersheds not participating in the Voluntary Stewardship Program(VSP)have been reviewed,and if needed,revised pursuant to RCW 36.70A.130.RCW 36.70A.710(6) ❑ No "Agricultural activities" means all agricultural uses and practices as defined in RCW 0 N/A 90.58.065. Location in Text: VSP Counties Doesn't apply in City of After watershed work plan approval,VSP counties are encouraged to reference and Yakima. describe their participation in the program within their critical areas development regulations(WAC 365-196-832).See Critical Areas Handbook,Chapter 5:Protecting Critical Areas in Natural Resource Lands(Updated June,2018). FOREST PRACTICES APPLICATION REGULATIONS Have you adopted forest If applicable,regulations for forest practices have been adopted: RCW 36.70A.570 practices regulations? (adopted in 2007). ❑ Yes RCW 76.09.240 amended in 2011,requires many counties over 100,000 in ❑ No population,and the cities and towns within those counties to adopt regulations for 0 N/A forest practices.These are often included in clearing and grading ordinances. Location in Text: The City of Yakima does not have forestry. GOOD IDEAS Are you using non- regulatory measures to Non-regulatory measures to protect or enhance functions and values of critical protect critical areas? areas may be used to complement regulatory methods. These may include: 0 Yes • public education ❑ No • stewardship programs • pursuing grant opportunities Location in Text: • water conservation Non-regulatory measures • joint planning with other jurisdictions and non-profit organizations are not referenced in the • stream and wetland restoration activities regulations. The City • transfer of development rights requires pre application Iconferences when critical areas are present to Page 10—Updated through laws of 2018 Note: Bold items and checkboxes are a requirement of the GMA. DOC■ Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet sites. INDEx # r,-3 160 Addressed in current Regulations required to protect critical areas plan or regulations? If yes, note where No net loss of critical area functions and values is a recommended approach for educate potential development regulations in WAC 365-196-830(4). If development regulations allow applicants on process.The harm to critical areas,they should require compensatory mitigation of the harm. City frequently interacts with Yakima County,the Departments of Ecology and Fish and Wildlife, and the Yakama Nation on Monitoring and adaptive management is encouraged in WAC 365-195-905(6)to projects that impact the improve implementation of your regulations.See Commerce's Monitoring chapter area as a whole. in the updated Critical Areas Handbook(June 2018). Do your regulations address no net loss and require compensatory mitigation? ❑x Yes ❑ No Location in Text: The entire SMP,Title 17, has a no net loss of ecological function standard and requires compensatory mitigation. See YMC 17.05.020 (Environmental Protection); YMC 15.27.130 Do you have a monitoring and adaptive management program for your CAO? ❑ Yes ❑x No Location in Text: Page 11—Updated through laws of 2018 Note: Bold items and checkboxes are a requirement of the GMA. rP► Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet site INDEX 161 Mu 2■rm%. LAND USE APPLICATION l._ CITY OF YAKIMA,DEPARTMENT OF COMMUNITY DEVELOPMENT aCITYnn�OFn YAKIMAg 129 NORTH SECOND STREET,2ND FLOOR,YAKIMA,WA 98901 PHONE: (509)575-6183 EMAIL:ask.planning@yakimawa.gov INSTRUCTIONS-PLEASE REM)FIRST AND ANSWER ALL QUESTIONS COMPLETELY. If you have any questions about this form or the application process,please ask to speak with a planner. All necessary attachments and the filing fee are required upon submittal. Filing fees are not refundable. This application consists of several parts. PART I-GENERAL INFORMATION.PART II—SUPPLEMENTAL APPLICATION,and PART III-CERTIFICATION are on this page.PART II,III,and IV contain additional information specific to your proposal and MUST be attached to this page to complete the application. PART I-GENERAL INFORMATION Name: City of Yakima Planning Division 1.Applicant's - - - Information: Mailing Address: 129 N 2nd St • City: Yakima St: WA Zip: 98942 Phone: (509)575-6183 E-Mail: 2.Applicant's Interest in Pro e Check One: El Owner El Agent ❑ Purchaser ❑ Other pity: Name: 3. Property Owner's Information(If other Mailing Address: than Applicant): City: St: Zip: Phone: ( ) E-Mail: REC-EIVED-- 4. Subject Property's Assessor's Parcel Number(s):City-Wide 5.Legal Description of Property.(if lengthy,please attach it on a separate document) City-Wide MAY 0 4 2021 6.Property Address:City-Wide CITY OF YAKIMA 7.Property's Existing Zoning: COMMUNI fY DEVELOEMENT ® SR ®R-1 ® R-2 ®R-3 ®B-1 ®B-2 ®HB ® SCC ®LCC ®CBD ®GC ®AS ®RD ®M-1 ®M-2 8.Type of Application:(Check All That Apply) ® Environmental Checklist(SEPA Review) ElAdministrative Adjustment ❑ Type(1)Review ❑ Type(2)Review ❑ Type(3)Review ❑ Binding Site Plan ❑ Comprehensive Plan Text or Map Amendment ❑ Critical Areas Review ❑ Easement Release ❑ Planned Development ❑ Preliminary Short Plat ❑ Preliminary Long Plat ❑ Amended Long Plat ❑ Rezone ❑ Shoreline ❑ Transportation Concurrency ❑ Other: ❑ Other: PART II-SUPPLEMENTAL APPLICATION-SEPA CHECKLIST Environmental Checklist(see attached forms) PART III-CERTIFICATION I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. 57y/20 Z 1 Pro y Owner's Signature Date Applicant's Signature Date FILE/APPLICATION(S)# SEPA 4 OD -20 DATE FEE PAID: RECEIVED BY: v AMOUNT PAID: RECEIPT NO: Revised 4/2019 INDEX Page 3 # r.-z. 162 -■ ENVIRONMENTAL CHECKLIST 1. STATE ENVIRONMENTAL POLICY ACT(SEPA) P!a rm i n g (AS TAKEN FROM WAC 197-11-960) YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant.This information is also helpful to determine if available avoidance,minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully,to the best of your knowledge.You may need to consult with an agency specialist or private consultant for some questions.You may use"not applicable"or"does not apply"only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports.Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process.The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help you describe your proposal or its environmental effects.The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NON PROJECT PROPOSALS For non-project proposals(such as ordinances,regulations,plans and programs),complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D).Please completely answer all questions that apply and note that the words"project","applicant",and"property or site"should be read as"proposal,""proponent,"and"affected geographic area,"respectively. The lead agency may exclude (for non-projects) questions in Part B—Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. A. BACKGROUND INFORMATION(To be completed by the applicant.) 1. Name of Proposed Project(If Applicable): City of Yakima Shoreline Master Program Periodic Review 2. Applicant's Name&Phone: City of Yakima RECEIVED 3. Applicant's Address: 129 North 2nd Street-2nd Floor, Yakima,WA 98901 MAY ® 4 2021 4. Contact Person & Phone: Joseph Calhoun,Planning Manager,(509)575-6183 CITY OF YAKIMA 5. Agency Requesting Checklist: City of Yakima - COMMUNITY DEVELOPMENT 6. Proposed Timing or Schedule(Including Phasing,If Applicable): The State requires a review and update to the City's Shoreline Master Program by June 30,2021, 7. Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal? If yes,explain: The City will review and approve, condition,or deny future development proposals submitted to the City consistent with the proposed regulations. 8. List any environmental information you know about that has been prepared,or will be prepared,directly related to this proposal: Shannon&Wilson and BERK completed a review of the existing Shoreline Master Program regulations(Yakima Municipal Code Title 17)and relevant portions of the Comprehensive Plan for consistency with state law,state guidance, and best available science. The review and recommendations were documented in a letter dated October 21,2020. That letter also included completed versions of the following two state agency checklists: DOG. ■ Washington Department of Ecology's(Ecology)SMP Periodic Review Checklist I�D�,V Revised 4/2019 GJ� Page 14 163 A. BACKGROUND INFORMATION (To be completed by the applicant.) ■ Washington Department of Commerce's Critical Areas Checklist SMP Amendments proposed by the City of Yakima in 2017,approved by Council,but never formally approved by the Washington State Department of Ecology,were included in the We are Yakima Comprehensive Plan 2040 Draft Supplemental Environmental Impact Statement and the We are Yakima Comprehensive Plan 2040 Final Supplemental Environmental Impact Statement, 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal?If yes,explain: The City of Yakima locally approved amendments to the SMP in 2017 that were not forwarded to Ecology for final approval. These amendments will be considered as a package with this periodic review. Other legislative actions are not pending related to the Shoreline Master Program update. Private and public development, including building and construction permits,will continue to be reviewed and approved,conditioned or denied consistent with current plans and regulations until the Shoreline Master Program update is adopted by the City and then approved by Ecology,at which time development would be consistent with new regulations. 10. List any government approvals or permits that will be needed for your proposal,if known: MAY 0 4 2021 • Planning Commission recommendation and City Council adoption. • Washington Department of Ecology review and approval before the updated SMP goes into effect. COMMUNITYCITYOF DEVELOP w YAKIMA1 11. Give a brief,but complete description of your proposal,including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal.You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.): Part of the periodic review includes updates to align the Yakima SMP with state regulations. The Washington State Department of Ecology maintains a checklist of changes to state law that affect SMPs. These changes are mostly technical updates that have been in effect under state law since they were adopted,but do not appear in the YMC. Including these changes in the YMC better aligns the SMP with state regulations. It also supports clarity and consistency in the application of the SMP for project applicants and the public as a whole because all applicable rules and regulations are clearly identified. Recommended changes include: • Clarify that the definition of"development"does not include dismantling or removing structures if there is no other associated action. ■ Include a list of activities that do not require local shoreline review,which were adopted in the Washington State Administrative Code(WAC 173-27-040). • Update the definition of"date of filing"to match the Washington State Administrative Code(WAC 173-27-130(6))and use "date of filing"to identify the start of the appeal period to the Shoreline Hearings Board for permits. • Reference the provisions in the Washington State Administrative Code(WAC 173026-090)that refer to the processes for conducting periodic reviews. • Correct the definition of"Shoreline Hearings Board"to reflect that this body does not adjudicate appeals of SMPs. • Add a reference to the Washington State Administrative Code(WAC 173-27-215)that offers relief measures for property owners in cases where shoreline restoration project change the area in which shoreline regulation would be applied. Critical areas regulations apply to environmentally sensitive places such as special fish and wildlife habitats,wetlands,steep slopes and other geologic hazards,areas prone to flooding, and areas that support drinking water supplies. The City elected in 2014 to maintain separate versions of its critical areas regulations—one that applies outside of shoreline jurisdiction(YMC 15.27)and one that applies inside shoreline jurisdiction(YMC 17.09). Chapter 15.27 YMC was last updated in 2017. The City is committed to consistency between the two critical areas regulations to the greatest extent practicable,but there are state- mandated differences in permitting processes between the two,and only the version effective in shoreline jurisdiction is subject to Ecology approval. As part of this update,YMC 17.09 and YMC 15.27 were compared to each other to identify differences or inconsistencies between the codes that should be updated. In addition,the City completed a checklist for evaluating regulations prepared by Washington Department of Commerce. The checklist helped identify additional changes to the SMP's critical areas regulations necessary to be consistent with the most current science-based guidance. In combination,the two reviews result in the following proposed changes. • Update references to the wetlands rating system to match current Ecology guidance and update wetland buffers and related rules to match Ecology guidance. ■ Integrate changes to critical aquifer recharge area regulations for consistency with YMC 15.27 and compliance with the latest science. DOC. Revised 4/2019 INDEX c Page 5# 164 A.BACKGROUND INFORMATION(To be completed by the applicant.) ■ Integrate changes to fish and wildlife habitat conservation area regulations for consistency with YMC 15.27 to require discussion of federal, state,or local management recommendations for species and habitat in a critical areas report. ■ Modify the buffers for salmon-bearing and non-salmon-bearing waters to match YMC 15.27 and be consistent with Yakima County's stream buffers. • Because the Shoreline Management Act requirements for protection of frequently flooded areas are embodied in the Flood Hazard Reduction regulations(YMC 17.05.060),the flood hazard areas regulations in YMC 17.09.020 have been omitted from this SMP and replaced with a reference to Part Four of YMC 15.27(Flood Hazard Areas). These referenced regulations are not incorporated into the SMP,but still apply within shoreline jurisdiction. Part Four of YMC 15.27 will be revised based on recent feedback from Department of Ecology during an upcoming update of YMC 15.27. Locally approved changes from 2017 will be considered with the above proposal as a single package. 12. Location of the proposal.Give sufficient information for a person to understand the precise location of your proposed project,including a street address,if any,and section,township,and range,if known.If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description,site plan, vicinity map,and topographic map,if reasonably available.While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist: The proposed Shoreline Master Program update would apply to shoreline jurisdiction within the entire incorporated City of Yakima. See map on following page. RECEIVED MAY 0 4 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT DOC. INDEX Revised 4/2019 G-2 6 Pa e g l 165 c N o m O W 01 c coTr H TS aa) p z oal 3 - Nam, x Q ca () tt� m j c LLLL . — }ti 4 • jY j ) ); o _ �r' LL m O LC 9 ; ? a . N N ' 3 w Z Z I o < ' c m a e u 'r r � o oom T. T. � : " " � . g' 2 a a LA w w x .' x m m Z 5 > > 7Co) r {t� ..■■.■ .Z l !., u❑L' q .. E � 2 Z ; S 0 _IA i L�,E i .I.t.l n N O iln.3 , i 'Ve. < > . y H d �I— z w.i s E w a,� 1 J n E •E , r LI7 1 r LM i L 30 • g I n.4N I....nM•I rli , ,ns,\rt.] M , c ■ St 3 b� h46�' f E rpLI 3 4 w m i .:(?!g 4 a Z e • ' -- -::i_ —1-7-11.4 . • ' -oei u 'INDEX • Ir 166 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant)This is a non-project proposal.Limited answers provided in Section B are provided to provide contest and understanding of lands within shoreline jurisdiction. EARTH N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. General description of the site(✓one):There is a variety of terrain in shoreline jurisdiction. ® flat ® rolling ❑ hilly ❑ steep slopes ❑ mountainous ❑ other: 2. What is the steepest slope on the site(approximate percent slope)? There is a variety of terrain in shoreline jurisdiction. 3. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils,specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Soils within SMP jurisdiction vary but mostly include a mix of loams(sandy,stony,silt,gravelly)according to the Natural Resources Conservation Service online Web Soil Survey. 4. Are there surface indications or history of unstable soils in the immediate vicinity? If so,describe. N/A 5. Describe the purpose,type,total area,and approximate quantities and total affected area of any filling,excavation,and grading proposed. Indicate source of fill. N/A 6. Could erosion occur as a result of clearing,construction,or use? If so,generally describe. N/A 7. About what percent of the site will be covered with impervious surfaces after project construction(for example,asphalt or buildings)? N/A 8. Proposed measures to reduce or control erosion,or other impacts to the earth,if any: N/A AIR N/A. THIS IS A NON-PROJECT PROPOSAL. SEE SECTION D. 1. What types of emissions to the air would result from the proposal during construction,operation,and maintenance when the project is completed? If any,generally describe and give approximate quantities if known. N/A 2. Are there any off-site sources of emissions or odor that may affect your proposal? If so,generally describe. N/A 3. Proposed measures to reduce or control emissions or other impacts to air,if any: N/A SURFACE WATER N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. Is there any surface water body on or in the immediate vicinity of the site(including year-round and seasonal streams, saltwater,lakes, ponds,wetlands)?If yes,describe type and provide names. If appropriate,state what stream or river it flows into. Shorelines by definition involve streams with flows greater than 20 cubic feet per second, lakes more than 20 acres in size,and associated wetlands. Within the City of Yakima this includes the Yakima River,Naches River, Cowiche Creek,Willow Lake, Lake Aspen,and Rotary Lake. Buchanan Lake will also be regulated as a shoreline waterbody in the future when the Washington Department of Natural Resources Surface Mine Reclamation Permit lapses or is terminated or when the City receives a permit application for new development on or uses of Buchanan Lake. A map of shorelines is shown on page 7. 2. Will the project require any work over,in,or adjacent to(within 200 feet)the described waters?If yes,please describe and attach available plans. N/A 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill ma1VED N/A DOC. L INDEX MAY d 4 2021 # -_2- CITY OF YAKIMA Revised 4/2019 COMMUNITY DEVELOPMENT Page 8 167 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant)This Is a non-project proposal. Limited answers provided in Section B are provided to provide context and understanding of lands within shoreline jurisdiction. 4. Will the proposal require surface water withdrawals or diversions?Give general description,purpose,and approximate quantities if known. N/A 5. Does the proposal lie within a 100-year floodplain?If so,note location on the site plan. Shoreline jurisdiction is applied to areas within the floodway and up to 200 feet of the floodplain for waterbodies subject to the SMP. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A GROUND WATER N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. Will groundwater be withdrawn from a well for drinking water or other purposes?If so,give a general description of the well,proposed uses and approximate quantities withdrawn from the well.Will water be discharged to groundwater?Give general description, purpose,and approximate quantities if known. N/A 2. Describe waste material that will be discharged into the ground from septic tanks or other sources,if any(for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system,the number of such systems,the number of houses to be served(if applicable),or the number of animals or humans the system(s)are expected to serve. N/A WATER RUNOFF(INCLUDING STORM WATER) N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. Describe the source of runoff(including storm water)and method of collection and disposal,if any(include quantities,if known). Where will this water flow?Will this water flow into other waters? If so,describe. N/A 2. Could waste materials enter ground or surface waters? If so,generally describe. N/A 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so,describe. N/A 4. Proposed measures to reduce or control surface,ground,and runoff water,and drainage pattern impacts,if any: N/A PLANTS N/A. THIS IS A NON-PROJECT PROPOSAL. SEE SECTION D. 1. Check(✓)types of vegetation found on the site: A variety of vegetation is found within shoreline jurisdiction. Deciduous Trees: Evergreen Trees: Wet Soil Plants: Water Plants: Other: ❑Alder ❑Fir ❑Cattail ❑Milfoil ❑ Shrubs RECEIVED ❑Maple ❑Cedar ❑Buttercup ❑Eelgrass ❑Grass p� q ❑Aspen ❑Pine ❑Bullrush ❑ Water Lily ❑Pasture MAY 0 4 2021 ❑ Other ❑Other ❑ Skunk Cabbage ❑Other Crop Or Grain CITY OF YAKIMA ❑ rr MMMM,,UNITY (] ❑ Other ❑Orchards,vineyards, ii'i5tlier perrman nt cropNT ❑Other types of vegetation 2. What kind and amount of vegetation will be removed or altered? N/A 3. List threatened or endangered species known to be on or near the site. N/A 4. Proposed landscaping, use of native plants,or other measures to preserve or enhance vegetation on the site, if any: SMP regulations encourage and,in some cases require,the preservation and/or enhancement of existing and native vegetation at the time of site development. 5. List all noxious weeds and invasive species known to be on or near the site. N/A DOC INDEX Revised 4/2019 # Page j 9 168 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant)This is a non-project proposal.Limited answers provided in Section B are provided to provide context and understanding of lands within shoreline jurisdiction. ANIMALS N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. List any birds or other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds:hawk, heron, eagle, songbirds, other: RECEIVED mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: MAY ® 5R 2021 A variety of birds, animals,and fish are found within shoreline jurisdiction. CITY OF YAKIMA 2. List any threatened or endangered species known to be on or near the site. COMMUNITY DEVELOPMENT N/A 3. Is the site part of a migration route? If so,explain. N/A 4. Proposed measures to preserve or enhance wildlife,if any: SMP regulations encourage and require the protection of critical fish and wildlife habitats at the time of site development. 5. List any invasive animal species known to be on or near the site. N/A ENERGY AND NATURAL RESOURCES N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. What kinds of energy (electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs?Describe whether it will be used for heating, manufacturing,etc. N/A 2. Would your project affect the potential use of solar energy by adjacent properties?If so,generally describe. N/A 3. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts,if any: N/A ENVIRONMENTAL HEALTH N/A. THIS IS A NON-PROJECT PROPOSAL. SEE SECTION D. I. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion,spill, or hazardous waste that could occur as a result of this proposal?If so,describe. N'A 2. Describe any known or possible contamination at the site from present or past uses. N/A 3. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. N/A 4. Describe any toxic or hazardous chemicals that might be stored, used,or produced during the project's development or construction,or at any time during the operating life of the project. N/A 5. Describe special emergency services that might be required. N/A 6. Proposed measures to reduce or control environmental health hazards, if any: N/A NOISE N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. What types of noise exist in the area,which may affect your project(for example: traffic,equipment,operation,other)? N/A 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic,construction,operation,other)? Indicate what hours noise would come from the site. N/A 3. Proposed measures to reduce or control noise impacts,if any: N/A LAND AND SHORELINE USE N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. I. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so,describe. Wes Revised 4/2019 INDEX Page 10 169 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant)This is a non-project proposal.Limited answers provided in Section B are provided to provide context and understanding of lands within shoreline jurisdiction. Land use in the vicinity of shoreline jurisdiction includes residential, industrial,commercial,and parks and open space use. 2. Has the project site been used as working farmlands or working forest lands?If so,describe.How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? N/A 3. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations,such as oversize equipment access,the application of pesticides,tilling,and harvesting? If so,how: N/A 4. Describe any structures on the site. RECEIVED N/A 5. Will any structures be demolished?If so,what? N/A MAY 4 2021 6. What is the current zoning classification of the site? CIITY CIF YMlMA Zoning includes: SR Suburban Residential, R-3 Multi-family, M-1 Light Industrial,GC General co OEVEI_�PMENT 7. What is the current comprehensive plan designation of the site? Future Land Use designations include: Low Density Residential,Community Mixed Use,Industrial,Commercial Mixed Use. 8. If applicable,what is the current shoreline master program designation of the site? Designations include: Aquatic, Essential Public Facilities,High Intensity,Urban Conservancy, Shoreline Residential, and Floodway/CMZ. 9. Has any part of the site been classified as a critical area by the city or county? If so,specify. Critical areas designated in areas of shoreline jurisdiction include wetlands,fish and wildlife habitat conservation areas,flood hazard areas,geologically hazardous areas, and critical aquifer recharge areas. 10.Approximately how many people would reside or work in the completed project? N/A 11.Approximately how many people would the completed project displace? N/A 12. Proposed measures to avoid or reduce displacement impacts,if any. N/A 13. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposal aims to improve consistency and compatibility between the City's SMP and changes in state rules and processes. It also improves the consistency of the application of critical areas regulations according to best available science. Critical areas updates incorporating best available science were already made in areas of the City not included in shoreline jurisdiction. 14. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: N/A HOUSING N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. I. Approximately how many units would be provided,if any? Indicate whether high, middle,or low-income housing. N/A 2. Approximately how many units,if any,would be eliminated? Indicate whether high,middle,or low-income housing. N/A 3. Proposed measures to reduce or control housing impacts,if any: N/A AESTHETICS N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. I_ What is the tallest height of any proposed structure(s), not including antennas; what ' ��p rincipal exterior building material(s)proposed'' MOP Revised 4/2019 INDEX Page 11 170 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant)This is a non-project proposal.Limited answers provided in Section B are provided to provide context and understanding of lands Within shoreline jurisdiction. N/A 2. What views in the immediate vicinity would be altered or obstructed? N/A 3. Proposed measures to reduce or control aesthetic impacts,if any: N/A LIGHT AND GLARE N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. What type of light or glare will the proposal produce?What time of day would it mainly occur? N/A RECEIVED 2. Could light or glare from the finished project be a safety hazard or interfere with views? N/A MAY 0 4 2021 3. What existing off-site sources of light or glare may affect your proposal? N/A 4. Proposed measures to reduce or control light and glare impacts, if any: CITY OF VELOR N/A COMMUNITY DEVELOPMENT RECREATION N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. What designated and informal recreational opportunities are in the immediate vicinity? The City's shoreline jurisdiction contains a number of designated parks and trails,including the Yakima Greenway, Sportsman State Park, and the Yakima Arboretum, among others. In addition, other open space within and near SMP jurisdiction provides opportunities for recreation, such as fishing and birdwatching, and access to the shoreline for recreational purposes. 2. Would the proposed project displace any existing recreational uses?If so,describe. N/A 3. Proposed measures to reduce or control impacts on recreation,including recreation opportunities to be provided by the project or applicant,if any: Preserving and enhancing recreation use of the shoreline is encouraged and required in the SMP. HISTORIC AND CULTURAL PRESERVATION N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. 1. Are there any buildings,structures,or sites,located on or near the site that are over 45 years old listed in or eligible for listing in national,state,or local preservation registers located on or near the site? If so,specifically describe. N/A 2. Are there any landmarks,features,or other evidence of Indian or historic use or occupation?This may include human burials or old cemeteries.Are there any material evidence,artifacts,or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. N/A. The Yakama Nation has historic and current cultural and economic ties to shoreline areas as part of their rights to maintain cultural and natural resources. 3. Proposed measures to avoid,minimize,or compensate for loss,changes to,and disturbance to resources.Please include plans for the above and any permits that may be required. The SMP includes provisions to protect cultural resources and the City consults with the Tribe on project and non-project actions that affect their rights and interests in shoreline areas. TRANSPORTATION N/A. THIS IS A NON-PROJECT PROPOSAL.SEE SECTION D. I Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. N/A 2. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? N/A 3. How many parking spaces would the completed project or non-project proposal have?How many would the project or proposal eliminate? oOC1 Revised 4/2019 INDEX Page 12 r 171 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant)This is a non-project proposal.Limited answers provided in Section B are provided to provide context and understanding of lands within shoreline jurisdiction. N/A 4. Will the proposal require any new or improvements to existing roads,streets,pedestrian bicycle or state transportation facilities,not including driveways? If so,generally describe(indicate whether public or private). N/A 5. Will the project or proposal use(or occur in the immediate vicinity of)water,rail,or air transportation?If so,generally describe. N/A 6. How many vehicular trips per day would be generated by the completed project or proposal?If known,indicate when peak volumes would occur and what percentage of the volume would be trucks(such as commercial and non-passenger vehicles). What data or transportation models were used to make these estimates? N/A 7. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so,generally describe: N/A 8. Proposed measures to reduce or control transportation impacts,if any: N/A PUBLIC SERVICES N/A. THIS IS A NON-PROJECT PROPOSAL. SEE SECTION D. 1, Would the project result in an increased need for public services(for example: fire protection,police protection,public transit,health care,schools,other)?If so,generally describe: N/A 2. Proposed measures to reduce or control direct impacts on public services, if any. N/A UTILITIES N/A. THIS IS A NON-PROJECT PROPOSAL. SEE SECTION D. 1. Check(V)utilities currently available at the site:A variety of utility services are provided within the shoreline or run through shoreline jurisdiction. ❑electricity ❑ natural gas ❑ water ❑ refuse service ❑telephone ❑sanitary sewer❑septic system ❑other 2. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A C. SIGNATURE(To be completed by the applicant.) The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. RECEIVED f 'z- (_ _ c/y/Z-0 Property Owner or Agent Signature MAY 9 4 2021 Date Submitted a �^ CITY OF YAKIMA �Irti n C • <71�MUNITY DEVELOPMENT ''f �` C C.d3 Name of Signee Position and Agency/Organization PLEASE COMPLETE SECTION"D" ON THE NEXT PAGES • IF THERE IS NO PROJECT RELATED TO THIS ENVIRONMENTAL REVIEW D. SUPPLEMENTAL SECTION FOR NONPROJECT ACTIONS ONLY (to be completed by the applicant) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions,be aware of the extent the proposal,or the types of activities that would likely result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond brie fly and in general terms. DO C. Revised 4/2019 INDEX 2 Page 13 . G 172 D. SUPPLEMENTAL SECTION FOR NONPROJECT ACTIONS ONLY(to be completed by the applicant) 1. How would the proposal be likely to increase discharge to water;emissions to air;production,storage,or release of toxic or hazardous substances; or production of noise? The nature of the proposed changes would not result in any differences in the City's review or approval of permit applications that involve discharges to water;emissions to air;production,storage,or release of toxic or hazardous substances;or production of noise relative to the existing SMP regulations. All proposals would continue to be subject to mitigation sequencing and other provisions of YMC 17.05.020(Environmental Protection), including requirements to compensate for any adverse impacts; YMC 17.05.040(Water Quality, Stormwater,and Nonpoint Pollution);and many other existing regulations in the SMP and in the City's municipal code that are intended to protect the environment. Proposed measures to avoid or reduce such increases are: No measures are necessary as the proposal is not likely to increase discharge to water; emissions to air;production,storage, or release of toxic or hazardous substances;or production of noise. 2. How would the proposal be likely to affect plants,animals,fish,or marine life? The proposed regulations changes would not directly,adversely affect plants, animals, or fish within the City. The proposed changes to the critical areas regulations within the SMP will increase the consistency of stream and wetland buffers within and outside of shoreline areas and is in alignment with best available science for the protection of these areas. During the City's 2017 update of its Comprehensive Plan and development regulations,including YMC 15.27 which are the critical areas regulations which apply outside of shoreline jurisdiction,the City prepared a Best Available Science report which addressed stream buffers. That document recommended stream buffer changes based on Final Draft Semi-arid Riparian Functions and Associated Regulatory Protections to Support Shoreline Master Program Updates(Anchor QEA, LLC,2013). Based on subsequent comments from the Yakama Nation during the public review process,the buffer of Type 2 (fish-bearing)streams was increased to 100 feet from the BAS recommendation of 75 feet. As part of this SMP update, the stream buffers adopted into YMC 15.27 are proposed for inclusion in YMC 17.09. The proposed changes will also require applicants to consider federal or state management recommendations in a critical areas report. The wetland buffers in YMC 17.09 are also proposed to be updated consistent with the most recent Ecology guidance issued in 2018(July 2018 update to Wetland Guidance for C40 Updates:Eastern Washington Version; Ecology,2016,Publ.No. 16-06-002 httos://fortress.wa.gov/ecy/publications/parts/I606002partl.pdt). Other provisions of the wetland regulations were also updated based on Ecology's recently adopted update to Wetland Mitigation in Washington State, Part 1:Agency Policies and Guidance(Version 2); Ecology,2021,Publ.No.21-06-003. All proposals would continue to be subject to mitigation sequencing, including requirements to compensate for any adverse impacts;the remainder of the critical areas regulations in YMC 17.09;the shoreline vegetation conservation regulations in YMC 17.05.030; and many other existing regulations in the SMP and in the City's municipal code that are intended to protect the environment. Proposed measures to protect or conserve plants,animals,fish,or marine life are: RECEIVED No measures are necessary as the proposal is not likely to adversely affect plants, animals, or fish. MAY .0 4 2021 3. How would the proposal be likely to deplete energy or natural resources? rrn CITY OF YAKIMA The proposed regulations changes would not directly affect energy or natural resources consumpr7cltl:'MUNITY DEVELOPMENT Proposed measures to protect or conserve energy and natural resources are: No measures are necessary as the proposal is not likely to adversely affect energy or natural resources consumption. We, Revised 4/2019 !INDEX�, ® Page 114 173 D. SUPPLEMENTAL SECTION FOR NONPROJECT ACTIONS ONLY(to be completed by the applicant) 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated(or eligible or under study)for governmental protection;such as parks,wilderness,wild and scenic rivers,threatened or endangered species habitat, historic or cultural sites,wetlands,floodplains,or prime farmlands? See response to Question D.2 above regarding critical areas, which includes habitats for threatened or endangered species and floodplains. The proposed regulations change would have no direct effects on other sensitive resources. Any direct environmental impacts associated with specific projects submitted to the City for review will be evaluated consistent with YMC 17.09(Critical Areas in Shoreline Jurisdiction),YMC 17.05.010(Archaeological and Historic Resources),and man), other existing regulations in the SMP and in the City's municipal code(such as Part Four of YMC 15.27—Flood Hazard Areas) that are intended to protect the environment. Proposed measures to protect such resources or to avoid or reduce impacts are: No measures are necessary as the proposal is not likely to use or adversely affect use or affect environmentally sensitive areas or areas designated(or eligible or under study)for governmental protection. 5. How would the proposal be likely to affect land and shoreline use,including whether it would allow or encourage land or shoreline uses incompatible with existing plans? None of the proposed regulations include any changes to allowed or prohibited shoreline uses or modifications. The existing SMP is consistent with the City's Comprehensive Plan and has been specifically crafted to allow and encourage only land uses that are compatible with the Comprehensive Plan and the Shoreline Management Act,to the extent allowed by the law and other development regulations. Proposed measures to avoid or reduce shoreline and land use impacts are: No measures are necessary as the proposed regulations changes will not have adverse effects on land and shoreline use. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed regulations changes would not affect demand on transportation or public services and utilities. Proposed measures to reduce or respond to such demand(s)are: No measures are necessary as the proposed regulations changes will not affect demand on transportation or public services and utilities. 7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment. The proposed regulations changes will increase consistency with local,state and federal environmental protection policies and regulations. RECEIVED MAY 4 2021 CITY OF YAI{IMA COMMUNITY DEVELOPMENT DOC. Revised 4/2019 INDEX Page 115 �j -2- 174 DEPARTMENT OF ECOLOGY State of Washington SHORELINE MASTER PROGRAM PERIODIC REVIEW Periodic Review Checklist This document is intended for use by counties, cities and towns subject to the Shoreline Management Act (SMA)to conduct the "periodic review" of their Shoreline Master Programs (SMPs).This review is intended to keep SMPs current with amendments to state laws or rules, changes to local plans and regulations, and changes to address local circumstances, new information or improved data.The review is required under the SMA at RCW 90.58.080(4). Ecology's rule outlining procedures for conducting these reviews is at WAC 173-26-090. This checklist summarizes amendments to state law, rules and applicable updated guidance adopted between 2007 and 2019 that may trigger the need for local SMP amendments during periodic reviews. How to use this checklist See the associated Periodic Review Checklist Guidance for a description of each item, relevant links, review considerations, and example language. At the beginning of the periodic review, use the review column to document review considerations and determine if local amendments are needed to maintain compliance. See WAC 173-26-090(3)(b)(i). Ecology recommends reviewing all items on the checklist. Some items on the checklist prior to the local SMP adoption may be relevant. At the end of your review process, use the checklist as a final summary identifying your final action, indicating where the SMP addresses applicable amended laws, or indicate where no action is needed. See WAC 173-26-090(3)(d)(ii)(D), and WAC 173-26-110(9)(b). Local governments should coordinate with their assigned Ecology regional planner for more information on how to use this checklist and conduct the periodic review. Shoreline Master Program Periodic Review Checklist 1 July 2019 DOC. INDEX # - ! 175 DEPARTMENT OF `� ECOLOGY State of Washington Prepared By Jurisdiction Date Joseph Calhoun—City of Yakima City of Yakima May 2021 Amy Summe—Shannon&Wilson Lisa Grueter-BERK Row Summary of change Review Action 2019 a. OFM adjusted the cost threshold YMC 17.13.050 references the No change needed. for building freshwater docks exemptions in the WAC without duplication in the SMP. b. The Legislature removed the Not applicable. There are no No change needed. requirement for a shoreline approved open water disposal permit for disposal of dredged sites in the City. materials at Dredged Material Management Program sites (applies to 9 jurisdictions) c. The Legislature added restoring YMC 17.13.050 references the No change needed. native kelp,eelgrass beds and exemptions in the WAC native oysters as fish habitat without duplication in the enhancement projects. SMP. 2017 a. OFM adjusted the cost threshold YMC 17.13.050 references the No change needed. for substantial development to exemptions in the WAC $7,047. without duplication in the SMP. b. Ecology permit rules clarified the YMC 17.01.090 Added "Dismantling or definition of"development" "Development"does not removing structures if there is does not include dismantling or include this optional language. no other associated removing structures. Even if not added to the SMP development or re- explicitly, it still applies. development"to the list of activities in the definition that do not constitute development. c. Ecology adopted rules clarifying SMP 17.01.020.0 states that Added a new section exceptions to local review under all uses and development 17.01.20.D that identifies the SMA. occurring within shoreline activities excepted from local jurisdiction must comply with shoreline review and permits. the SMP"[u]nless specifically exempted by statute..." These exemptions are referenced in SMC 17.13.050 and listed in WAC 173-27-040. However, the SMP does not include a section that specifically states Shoreline Master Program Periodic Review Checklist 2 July 2019 DOC. INDEX # C'1 176 0 DEPARTMENT OF ECOLOGY State of Washington Row Summary of change Review Action that there are activities that are not subject to local review or permits. The statutory exceptions apply whether or not they are stated in the SMP. d. Ecology amended rules clarifying The YMC still uses"date of Changed "date of receipt"to permit filing procedures receipt" in 17.13.090.D, "date of filing" and updated consistent with a 2011 statute. 17.13.100A, 17.13.120E, the meaning of"date of filing" 17.13.130G.1 in 17.13.100A to reflect the definition in WAC 173-27- 130(6). e. Ecology amended forestry use There is no forested in the City No action needed. regulations to clarify that forest of Yakima or its UGA. practices that only involves timber cutting are not SMA "developments"and do not require SDPs. f. Ecology clarified the SMA does YMC 17.01.020.E addresses Added Ecology's not apply to lands under application of the SMP to recommended language: exclusive federal jurisdiction federal lands and appears "Area and uses in those areas consistent with the WAC. under exclusive federal jurisdiction as established through federal or state statues are not subject to the jurisdiction of Chapter 90.58 RCW." g. Ecology clarified "default" Chapter 17.11 YMC contains No change needed. provisions for nonconforming the City's customized uses and development. provisions governing existing and nonconforming uses and development. h. Ecology adopted rule 17.13.140 generally addresses Added a reference to WAC amendments to clarify the scope amendments and adopts 173-26-090 to specifically and process for conducting provisions of the RCW and include the review process for periodic reviews. WAC that relate to periodic reviews. amendments and review processes. However,WAC 173-26-090 is not specifically included to address the standard process for periodic reviews. i. Ecology adopted a new rule 17.13.140 generally addresses Added a reference to WAC creating an optional SMP amendments and adopts 173-26-090 to specifically amendment process that allows provisions of the RCW and include the optional review WAC that relate to process for periodic reviews. Shoreline Master Program Periodic Review Checklist 3 July 2019 DOCa INDEX # c I _..� 177 laDEPARTMENT OF ECOLOGY State of Washington Row Summary of change Review Action for a shared local/state public amendments and review comment period. processes. However,WAC 173-26-104 is not specifically included to address the optional process for periodic reviews. j• Submittal to Ecology of proposed The YMC does not contain No action needed. SMP amendments. specific provisions enumerating the process for the submittal of proposed SMP amendments to Ecology. Instead it adopts by reference the appropriate sections of the WAC and RCW in YMC 17.13.140. 2016 a. The Legislature created a new YMC 17.13.050 references the No change needed. shoreline permit exemption for exemptions in the WAC retrofitting existing structure to without duplication in the comply with the Americans with SMP. Disabilities Act. b. Ecology updated wetlands The SMP contains wetland Updated the old references to critical areas guidance including regulations in YMC 17.09.040. Ecology's rating system that implementation guidance for the Sections-040.D.2 and E.1 remains in YMC 2014 wetlands rating system. require use of Ecology's latest 17.09.010.Q.2.a and within wetlands rating system, YMC 17.09.040, including the although there is still a general descriptions of reference to the old system in categories in D.2. YMC 17.09.010.Q.2.a. Subsequent amendments to Amended buffer-related text Ecology's science-based buffer and associated buffer width recommendations have been Tables 27.6-1 (Wetland Buffer made that are not integrated Requirements if Table 27.6-2 into this section. Specifically, Is Implemented and Corridor rather than dividing the Provided)and 27.6-3(Wetland potential wetland rating Buffer Requirements if Table habitat scores into 4 groups 27.6-2 Is NOT Implemented which each have an assigned and Corridor NOT Provided) in buffer, Ecology has subdivided YMC 17.09.040.E.to match the habitat scores into three Ecology's science-based buffer groups and adjusted the recommendations in Wetland corresponding buffer widths Guidance for CAO Updates accordingly. See Eastern Washington Version https://fortress.wa.Rov/ecv/p (Bunten and others, 2016). ublications/parts/1606002part 1.pdf. Other applicable parts Shoreline Master Program Periodic Review Checklist 4 July 2019 DP+rC. INDEX 178 DEPARTMENT OF ECOLOGY State of Washington Row Summary of change Review Action of Ecology guidance have Amended wetland mitigation- already been incorporated related provisions in YMC into these regulations. 17.09.040.F.to match Ecology's recommendations in Wetland Guidance for CAO Updates Eastern Washington Version(Bunten and others, 2016)with some updates related to wetland preservation based on the recent joint guidance update (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District,and U.S. Environmental Protection Agency Region 10.October 2020. Draft Wetland Mitigation in Washington State—Part 1:Agency Policies and Guidance(Version 2). Washington State Department of Ecology Publication#20-06- 010.Olympia,WA.). Flexiblity for out-of-service-area use of banks added based on Ecology comments in another jurisdiction. 2015. a. The Legislature adopted a 90-day The SMP does not contain this Ecology recommends inclusion target for local review of provision. of language regarding WSDOT Washington State Department of review. Provision added as a Transportation(WSDOT) new section YMC 17.13.115 in projects. the Administrative and Enforcement chapter. 2014 a. The Legislature created a new YMC 17.07.110.D prohibits No change needed. definition and policy for floating new floating residences and on-water residences legally over-water residential established before 7/1/2014. structures. There are no existing structures. 2012 a. The Legislature amended the The SMP does not contain Omitted reference to appeals SMA to clarify SMP appeal SMP appeal procedures. of Ecology SMP approval as a procedures. However,the SMP contains a duty of the Shorelines Shoreline Master Program Periodic Review Checklist 5 July 2019 DOC. INDEX G - I F� 179 DEPARTMENT OF ECOLOGY State of Washington Row Summary of change Review Action definition of Shorelines Hearings Board in the Hearings Board,which definition (YMC 17.01.090). includes hearing of SMP Jurisdictions fully planning appeals as one of the duties of under the GMA would appeal the board. an SMP approval to the Growth Management Hearings Board. a. Ecology adopted a rule requiring YMC 17.09.010.Q.2.a requires No change needed. that wetlands be delineated in wetland delineation using the accordance with the approved approved federal wetland federal wetland delineation delineation manual and manual. application regional supplements. b. Ecology adopted rules for new Not applicable. No change needed. commercial geoduck aquaculture. c. The Legislature created a new YMC 17.07.110.D prohibits No change needed. definition and policy for floating new floating residences and homes permitted or legally over-water residential established prior to January 1, structures. There are no 2011. existing structures. d. The Legislature authorizing a new This option was implemented No change needed. option to classify existing in YMC 17.11.040. structures as conforming. 2010 a. The Legislature adopted Growth Many of these clarifications No change needed. Management Act—Shoreline are not applicable or relevant Management Act clarifications. anymore or have been integrated into the SMP at the time of the comprehensive update in 2013. 2009 a. The Legislature created new YMC 17.07.120.H addresses Added a reference to WAC "relief" procedures for instances potential for granting relief 173-27-215 in addition to the in which a shoreline restoration when a restoration project existing reference to RCW project within a UGA creates a shifts the OHWM landward. 90.58.580. shift in Ordinary High Water Mark. b. Ecology adopted a rule for Mitigation banking is As noted in the Action column certifying wetland mitigation addressed in YMC for 2016.b, mitigation banking banks. 17.09.010.P.14, and language updated in YMC 17.09.040.G 17.09.040.F.4.a and-F.6. Shoreline Master Program Periodic Review Checklist 6 July 2019 DOC. INDEX # C 180 DEPARTMENT OF ECOLOGY State of Washington Row Summary of change Review Action c. The Legislature added moratoria The SMP does not include Adding specific moratoria authority and procedures to the moratoria procedures. authority is not required—no SMA. changes made. 2007 a. The Legislature clarified options The definition of floodway in No change needed. for defining"floodway" as either YMC 17.01.090 presents both the area that has been options which allows applicant established in FEMA maps,or the to use either depending on floodway criteria set in the SMA. the availability of FEMA floodway mapping and/or better local information. b. Ecology amended rules to clarify The list of shoreline No change needed. that comprehensively updated waterbodies is in YMC SMPs shall include a list and map 17.01.100. YMC 17.03.090.A of streams and lakes that are in incorporates the official shoreline jurisdiction. Shoreline Jurisdiction and Environment Designations Map by reference. c. Ecology's rule listing statutory YMC 17.13.050 references the No change needed. exemptions from the exemptions in the WAC requirement for an SDP was without duplication in the amended to include fish habitat SMP. enhancement projects that conform to the provisions of RCW 77.55.181. Additional amendments Modify this section, as needed, to reflect additional review issues and related amendments. The summary of change could be about Comprehensive Plan and Development regulations, changes to local circumstance, new information, or improved data. SMP section Summary of change 17.01.090 • Added definitions of the following: Definitions o Fish and wildlife cabitat conservation (WAC 365-190-130) o Fish and wildlife cabitat conservation area (WAC 365-190-030) o Habitats of local importance(WAC 365-190-130) o Species of local importance(WAC 365-190-130) o Waters of the state(RCW 90.48.020) • Eliminated definition of"hydrologically related critical area" and "stream corridor" —replaced those terms throughout code as appropriate with wetlands and/or fish Shoreline Master Program Periodic Review Checklist 7 July 2019 DOC. INDEX # L. - 181 DEPARTMENT OF ECOLOGY State of Washington SMP section Summary of change and wildlife habitat conservation area. [each instance not separately reported below] • Updated definition of OHWM based on WAC 173-22-030 and RCW 90.58.030. 17.07.090.B Housekeeping changes to update code references and be more encompassing with Mining respect to critical areas functions and values. [each instance of these type of changes not separately reported below] 17.09 Critical Minor edits throughout to improve consistency and clarity, update use of terms Areas consistent with the definitions and critical area nomenclature,and correct typographical errors. YMC • Q.1-Added a requirement for discussion of federal,state or local management 17.09.010.Q recommendations for species and habitat in FWHCA reports. General • Q.5—Added requirements for critical aquifer recharge area reports. provisions YMC 17.09.020 Because the Shoreline Management Act requirements for protection of frequently Flood hazard flooded areas are embodied in the Flood Hazard Reduction regulations(YMC areas 17.05.060),the flood hazard areas regulations in YMC 17.09.020 have been omitted from this SMP and replaced with a reference to Part Four of YMC 15.27 (Flood Hazard Areas). These referenced regulations are not incorporated into the SMP, but still apply within shoreline jurisdiction. Part Four of YMC 15.27 will be revised based on recent feedback from Department of Ecology during an upcoming update of YMC 15.27. YMC 17.09.030 A-This Purpose and Intent section and the regulations that follow targeted only Fish and hydrologically related critical areas,which eliminated the potential to provide wildlife habitat appropriate levels of protection of upland habitats and species that require those conservation upland habitats to support some part of their life cycle. Accordingly,text amended to areas address the full range of potential fish and wildlife habitats in the City,and to be consistent with updated definitions of this critical area type that were promulgated by WDFW and included in the WAC. Also,eliminated overlap with wetlands and flood hazard regulations. B- Modified this Protection Approach section for technical accuracy and to provide greater clarity of protection mechanisms. C and D—Changes made based on WAC 365-190-130(2). These code sections were reorganized to provide more consistency with the State's classification of critical areas, and better balance the emphasis on aquatic and terrestrial species.Although the City's code currently contains a process for designating species and habitats of local importance,this section of code has not been used. Instead,consistent with WDFW guidance, habitats and species of local importance are specifically named to include PHS minimally,and then the process for nominating additional species or habitats is included. F—Water typing system updated to address all waters, not just streams, and to be more consistent with WAC 222-16-031. G—Omitted wetland rating system as it is addressed in the wetland section,YMC 17.09.040. O—Updated the water type buffers to match the 2017 critical areas regulations update of YMC 15.27.510. The Type 2 buffer was increased from 75'to 100'at the time of the critical areas update based on Yakama Nation comment and to match Shoreline Master Program Periodic Review Checklist 8 July 2019 DOC. INDEX C � � 182 DEPARTMENT OF ECOLOGY State of Washington SMP section Summary of change Yakima County's Type 2 buffer(also updated in 2017). The Type 3 and Type 4 buffers were modified to match Yakima County's buffers. P—Changed "reclamation"to"restoration"as the reclamation term is more commonly associated with post-mining site upgrades. 17.09.060 Updated the entire critical aquifer recharge areas section for consistency with YMC 15.27.800-.820. That section was updated in 2017 based on "Critical Aquifer Recharge Areas Guidance Document" (Morgan, 2005). Shoreline Master Program Periodic Review ChecklistMICa 9 July 2019 INDEX # G 183 SHORELINE MASTER PROGRAM UPDATE SEPA#008-20 EXHIBIT LIST CHAPTER D Public Notices DOC DOCUMENT DATE INDEX# D-1 Notice of Application, Environmental Review,DNS, and 05/06/2021 Public Hearing D-la: Legal Ad D-lb: Press Release and Distribution Email D-lc: Parties and Agencies Notified D-ld: Affidavit of Mailing D-2 YPC Agenda and Packet Distribution List 05/20/2021 D-3 City of Yakima SMP Amendment, Initial Submittal Complete 06/22/2021 D-4 City of Yakima SMP Initial Determination 06/22/2021 D-5 Letter of Transmittal to City Clerk 07/08/2021 (Labels and E-mail Distribution Lists) 184 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar Tee,City Clerk, by hand delivery, the following documents: 1. Mailing labels for Shoreline Master Program Update (SEPA#008-20) 2. E-mail distribution lists for In-House, Local Media,YPC Members, SEPA Reviewing Agencies, Interested Parties and Parties of Record Signed this 8th day of July,2021. eQpbtuk,--- Rosalinda Ibarra Community Development Administrative Assistant Received By: G "'[ ,�g1-1 " 7 � / Date: DOC, INDEX # D-S Parties of Record— Shoreline Master Program Update— SEPA#008-20 185 Lennard Jordan DOE— Amy Summe(Consultant)— Noelle Madera—Yakima Phil Hoge—phi lboge@aol.com aol.com Shannon&Wilson— County- ljor46 aecv.wa.gov AJS(gjshanwiI.coin Noelle.Madera@co.yakima.wa.us Chelsea Benner DOE— cheh46l @ecv,wa•&ov In-House Distribution E-mail List Revised 05/03/2021 Name Division E-mail Address Silvia Corona Clerk's Office Silvia.Corona@yakimawa.gov Lisa Maxey Code Administration Lisa.Maxey@vakimawa.gov Glenn Denman Code Administration Glenn.Denman@yakimawa.gov John Zabell Code Administration John.Zabell(a.vakimawa.gov Kelli Horton Code Administration Kelli.Florton@yakimawa.gov Linda Rossignol Code Administration Linda.Rossignol@vakimawa.gov Pedro Contreras Code Administration Pedro.Contreras rryakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Tony Doan Code Administration Tony.Doan@yakimawa.gov Joan Davenport Community Development Joan.Davenport@.yakimawa.gov Rosalinda Ibarra Community Development Rosalinda.lbarra@yakimawa.gov Bill Preston Engineering Bill.preston@yakimawa.gov Dan Riddle Engineering Dan.Riddle@yakimawa.gov David Della Engineering David.Dellarr.yakimawa.gov Aaron Markham Fire Aaron.markham@yakimawa.gov Jeremy Rodriguez Fire Jeremy.Rodriguez@yakimawa_gov Sara Watkins Legal Sara.Watkins(avakimawa.gov. Archie Matthews ONDS Archie.Matthews@yakimawa.gov Joseph Calhoun Planning Joseph.Calhoun@vakimawa.gov Analilia Nunez Planning Analilia.nunez(a?,vakimawa.gov Matt Murray Police Matthew.murray@.yakimawa_zov Scott Schafer Public Works Scott.Schafer a yakimawa.gov Loretta Zammarchi Refuse Loretta.Zammarchi@vakimawa.gov Randy Layman Refuse Randy.Layman@yakimawa.gov Gregory Story Transit Gregory.Story@yakimawa.gov James Dean Utilities James.Dean@yakirnawa.gov Dana Kallevig Wastewater Dana.Kallevigliyakimawa.gov Randy Meloy Wastewater Randy.Meloy@yakimawa.gov Dave Brown Water/Irrigation David.Brown@yakiinawa.gov Mike Shane Water/Irrigation M ike.Shane riyakimawa.gov Outside Distribution Name Address Included In Mailing? Pacific Power Attn:Estimating Department 500 N Keys Rd,Yakima,WA 98901 ❑ Yes No (Subdivision notices ONL Type of Notice: n el t nii,I t1 &VL41OJ File Number: S1'P l�Q — 20 Date of "] Q, [.) INDEINDEX z#' DEG 186 Ahtanum Irrigation District Cascade Natural Gas Century Link Beth Aim Brulotte,Executive Assistant 8113 W Grandridge Blvd Manager 10705-B Gilbert Road Kennewick,WA 99336 8 South 2nd Ave,Rm#304 Yakima,WA 98903-9203 Yakima,WA 98902 bethb@ahtanum.net Charter Communications City of Union Gap City of Yakima-Airport Manager Dennis Henne,Development Director Rob Peterson,Director 1005 North 16th Ave P.O.Box 3008 2400 West Washington Ave Yakima,WA 98902 Union Gap,WA 98903 Yakima,WA 98903 dennis.henne@uniongapwa.gov rob.peterson@yakimaairterminal.com City of Yakima-Engineering Division City of Yakima-Wastewater Division Federal Aviation Administration Dan Riddle,Street Inspector Marc Cawley,Wastewater Operations 2200 W.Washington Ave 129 N 2nd Street marc.cawley@yakimawa.gov Yakima,WA 98903 Yakima,WA 98901 Dana Kallevig,Utility Project Manager Dan.Riddle@yakimawa. ov dana.kallevig@yakimawa.gov Greater Yakima Chamber of Commerce Nob Hill Water Association North Yakima Conservation District 10 North 9th Street Bob Irving,Engineering Technician Manager Yakima,WA 98901 6111 Tieton Drive 1606 Perry Street,Ste.C chamber@yakirna.org Yakima,WA 98908 Yakima,WA 98902 bob@nobhillwater.org Office of Rural and Farm Worker Housing Pacific Power U.S.Army Corps of Engineers,Regulatory Marty Miller, Mike Paulson, Branch 1400 Summitview Ave,Ste#203 500 North Keys Rd David Moore,Project Manager Yakima,WA 98902 Yakima,WA 98901 P.O.Box 3755 Martym@orfh.org Seattle,WA 98124-3755 david.j.moore@usace.army.mil United States Postal Service WA State Attorney General's Office WA State Department of Agriculture Maintenance Dept. 1433 Lakeside Court,Ste#102 Kelly McLain, 205 W Washington Ave Yakima,WA 98902 PO Box 42560 Yakima,WA 98903 Olympia,WA 98504 kmclain@agr.wa.gov WA State Department of Commerce WA State Department of Ecology WA State Department of Ecology Review Team, Annie Szvetecz,SEPA Policy Lead Gwen Clear,Regional Coordinator 1011 Plum St SE P.O.Box 47703 1250 W Alder St Olympia,WA 98504-3172 Olympia,WA 98504-7703 Union Gap,WA 98903 reviewteam@comnterce.wa.gov separegister@ecy.wa.gov crosepacoordinator@ecy.wa.gov_ WA State Department of Ecology WA State Department of Ecology WA State Department of Ecology Lori White, Rhonda Luke,Project Coordinator sepaunit@ecy.wa.gov lori.white@ecy.wa.gov FormerOrchards@ecy.wa.gov WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife, Eric Bartrand, Scott.Downes@dfw.wa.gov SEPA Desk 1701 South 24th Ave PO Box 43200 Yakima,WA 98902 WA State Department of Fish and Wildlife Olympia,WA 98504 Eric.Bartrand@dfw.wa.gov TeamYa kirna@dfw.wa.gov SEPAdesk@df w.wa.gov WA State Department of Health WA State Department of Natural WA State Department of Social&Health Kelly Cooper, Resources,SEPA Center Services,Office of Capital Programs PO Box 47820 PO Box 47015 Larry Covey Olympia,WA 98504 Olympia,WA 98504 DOC. P.O.Box 45848 KeIly.cooper@doh.wa.gov sepacenter@dnr.wa.gov INDEX Olympia,WA 98504 Larry.covey@dshs.wa.gov 187 WA State Dept of Archaeology&Historic WA State Dept of Health,Office of WA State Energy Facility Site Evaluation Preservation Drinking Water Council 1063 S Capitol Way,Ste 106 Jamie Gardipe Jamie.gardipe@doh.wa.gov Stephen Posner,SEPA Officer Olympia,WA 98504-8343 16201 E Indiana Ave,Ste#1500 PO Box 43172 Sepa@dahp.wa.gov Spokane Valley,WA 99216 Olympia,WA 98504-3172 SEPA.reviewteam@doh.wa.gov sposner@utc.wa.gov WA State Environmental Protection WA State Governor's Office of Indian WA State Parks&Recreation Commission Agency Affairs Jessica Logan, NEPA Review Unit PO Box 40909 P.O.Box 42650 1200 6th Ave.#155,14 D-12 Olympia,WA 98504 Olympia,WA 98504 Seattle,WA 98101 jessica.loganeparks.wa.gov West Valley School District West Valley School District WSDOT Angela Von Essen,Asst.Supt Mike Brophy,Superintendent Paul Gonseth,Planning Engineer 8902 Zier Road 8902 Zier Road 2809 Rudkin Road Yakima,WA 98908-9299 Yakima,WA 98908 Union Gap,WA 98903 vonessensa@wvsd208.org brophym@wvsd208.org gonsetp@wsdot.gov WSDOT South Central Region Planning WSDOT,Aviation Division Yakama Bureau of Indian Affairs Office Max Platts,Aviation Planner Superintendent 5Cplanning@wsdot.wa.gov 7702 Terminal St SW P.O.Box 632 Tumwater,WA 98501 Toppenish,WA 98948 p latts t@wsd o t.wa.go v Yakama Bureau of Indian Affairs Yakama Indian Nation,Cultural Resources Yakama Indian Nation,Yakima Tribal Rocco Clark,Environmental Coordinator Program Council P.O.Box 632 Johnson Meninick, Ruth Jim, Toppenish,WA 98948 P.O.Box 151 P.O.Box 151 Rocco.clarkC biazov Toppenish,WA 98948 Toppenish,WA 98948 Yakama Nation Environmental Mgmt Yakama-Klickitat Fisheries Project Yakima County Building Department Program,Elizabeth Sanchey John Marvin, Harold Maclean,Building Official P.O.Box 151 760 Pence Road 128 North 2nd Street,4th Floor Toppenish,WA 98948 Yakima,WA 98909 Yakima,WA 98901 esanchey@yaka ma.com ma rj@yakarnafish-nsn.gov harold.maclean@co.yakima.wa.us jmarvini7yakama.com Yakima County Commissioners Yakima County Health District Yakima County Planning Division Commissioners.web@co.vakima.wa.us Ryan Ibach,Director Tommy Carroll,Planning Manager 1210 Ahtanum Ridge Dr Ste#200 128 North 2nd Street,4th Floor Union Gap,WA 98903 Yakima,WA 98901 yhd@co.yakima.wa.us Thomas.Carroll@co.yakima.wa.us gan.ibach@co.yakima.wa.us Yakima County Planning Division Yakima County Public Services Yakima County Water Resources Division Jason Earles,Zoning/Subdivision Section Lisa Freund,Public Services Director Troy Havens,Manager 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor Yakima,WA 98901 Yakima,WA 98901 Yakima,WA 98901 Jason.Ea ries@co.yakima.wa.us Iisa.freund@co.yakima.wa.us Troy.Havens@co.yakima.wa.us Yakima County Water Resources Division Yakima Greenway Foundation Yakima Regional Clean Air Agency Dianna Woods,Progam Analyst Kellie Connaughton,Executive Director Hasan Tahat,Compliance and Engineering 128 North 2nd Street,4th Floor 111 South 18th Street Division Supervisor Yakima,WA 98901 Yakima,WA 98901 186 Iron Horse Ct#101 Dianna.Woods@co.yakima.wa.us kellie@yakimagreenway.org Yakima,WA 98901 hasan@yrcaa.org Yakima School District Yakima School District Yakima School District Jay Baucom,Director of Maintenance& Stacey Locke,Assistant Superintendent of Trevor Greene,Superintendent Operations Operations riM 104 North 4th Ave 104 North 4th Ave 104 North 4th Ave ° Yakima,WA 98902 Yakima,WA 98902 Yakima,WA 98902 INDEX greene.trevor@yakimaschools.org baucont.jay@yakinuischools.org locke.stacey@ysd7.org # V' • • 188 Yakima Valley Canal Co Yakima Valley Conference of Governments Yakima Valley Museum Robert Smoot, Lynn Deitrick,Senior Planner Peter Arnold,Executive Director 1640 Garretson Lane 311 North 4th Street,Ste#202 2105 Tieton Drive Yakima,WA 98908 Yakima,WA 98901 Yakima,WA 98902 1ynn.deitrick@vvcog,org peter yvmuseum.org Yakima Valley Trolleys Yakima Valley Trolleys Yakima Waste Systems Paul Edmondson, PO Box 796 Keith Kovalenko,District Manager 313 North 3rd Street Yakima,WA 98907 PO Box 2830 Yakima,WA 98901 info@yakimavalleytrollevs.org Yakima,WA 98907 keithk@wasteconnections.com Yakima-Tieton Irrigation District Sandra Hull, SEPA REVIEWING AGENCIES_updated 470 Camp 4 Rd 06/08/2021 Yakima,WA 98908 Type of Notice: FF �n1 ,,,, f YP n �Q �t exti nA°.1,1 rrea.rll`tD' File Number: SEPM DD8-z0 J Date of Mailing: D p420 Z f DOC. INDEX 1 Ibarra,Rosalinda 89 From: Ibarra,Rosalinda Sent: Thursday,July 08,2021 8:52 AM To: Claar Tee,Sonya Subject: Mailing for 08/02/2021 City Council Hearing-Shoreline Master Program Update Attachments: YPC Members Only_updated 01.05.2021;In-House Distribution E-mail List_updated 06.14.2021;Local Media List_06.17.2021;SEPA Agencies E-mail Distribution List_updated 06.08.2021 Hi Sonya—please include the attached distribution groups in your public hearing notice e-mail. Mailing labels will be delivered shortly. Also include the following e-mails: - philhoge@aol.com - Lior461@ecv.wa.gov - ais@shanwil.com - Noelle.madera@co.vakima.wa.us - Cheb461@ecv.wa.gov Thank you! Rosalinda Ibarra Community Development Administrative Assistant City of Yakima l Planning Division 129 North 2nd Street,Yakima WA 98901 p: (509)575-6183 0 f: (509)575-6105 k. Air This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DOC. INDEX # p-S 1 190 From: Jordan,Lennard(ECY) To: Calhoun,Joseph Cc; Chandler,Jackie(ECY);Johnson,Amber(ECY);Benner,Chelsea Subject: City of Yakima SMP Initial determination Date: Tuesday,June 22,2021 2:16:59 PM Joseph, Thank you for your June 10, 2021, initial submittal of amendments to the City of Yakima's Shoreline Master Program (SMP). Ecology is required under WAC 173-26-104(3)(b)to make an initial determination of consistency with applicable laws and rules. This email serves as Ecology's formal written statement of initial concurrence of your proposed amendments. As described under WAC 173-26-104(4),the next step in the approval process is for your jurisdiction to formally adopt the amendment through resolution or ordinance and send the final SMP submittal for formal agency approval as outlined in WAC 173-26-110. Please let me know if you have questions or concerns. Lennard Jordan Ijor461@ecy.wa.gov Senior Shoreline Planner Shorelands& Environmental Assistance Program Dept. of Ecology-CRO 1250 W.Alder St. Union Gap, WA 98903 509-457-7125 (direct line) 509-575-2809 (fax) OOC, INDEX # D-�{ 191 From: Jordan,Lennard(ECY) To: Calhoun,Joseph Cc; Chandler,Jackie(ECY);Johnson,Amber(ECY);Benner,Chelsea Subject: City of Yakima SMP Amendment,Initial Submittal Complete Date: Tuesday,June 22,2021 1:55:37 PM Dear Joseph: Thank you for your June 10, 2021 submittal of amendments to the City of Yakima's Shoreline Master Program (SMP). This email affirms that your initial submittal includes all the material required by WAC 173-26-104(3) (a). Next, Ecology will begin our initial state review and prepare our initial determination of whether your submittal is consistent with RCW 90.58(Shoreline Management Act) and WAC 173-26, Part III (the SMP Guidelines). Our goal is to send our initial determination within thirty days from this email. If we expect more time will be needed,we will contact you about a longer review period. Thank you. Please let me know if you have any questions or concerns. Sincerely, Lennard Jordan Ijor461@ecy.wa.gov Senior Shoreline Planner Shorelands& Environmental Assistance Program Dept. of Ecology-CRO 1250 W.Alder St. Union Gap, WA 98903 509-457-7125 (direct line) 509-575-2809(fax) DOC. INDEX DEPARTMENT OF COMMUNITY DEVELOPMENT 192 4111111 r■\`► Joan Davenport, AICP, Director AOI■ I%„ Planning Division �•� Joseph Calhoun,Manager PTa rining 129 North Second Street, 2nd Floor,Yakima, WA 98901 ask.planning@yakimawa.gov•www.yakimawa.gov/services/planning/planning-commission-meetings/ City of Yakima Planning Commission ZOOM VIRTUAL MEETING Wednesday, May 26, 2021 3:00 p.m. - 5:00 p.m. YPC MEMBERS: Chair Jacob Liddicoat,Vice-Chair Lisa Wallace,Leanne Hughes-Mickel,Al Rose,Robert McCormick, Philip Ostriem,and Mary Place Council Liaison:Kay Funk(District 4) CITY PLANNING STAFF: Joan Davenport(Community Development Director),Rosalinda Ibarra(Community Development Administrative Asst.),Joseph Calhoun(Planning Manager),Eric Crowell (Associate Planner), Trevor Martin(Associate Planner),and Colleda Monick(Community Development Specialist), Analilia Nunez(Planning Technician) AGENDA I. Call to Order II. Roll Call III. Staff Announcements IV. Approval of Meeting Minutes of May 12,2021 V. Public Hearing on the Shoreline Master Program Update VI. Other Business VII. Adjourn Next Meeting:June 9,2021 To listen/watch this virtual meeting,please register with your name and email address here: https://cityofyakima.zoom.us/webinar/register/WN PMzaMiU3R2SvqfpUAC-lag After registering,you will receive emailed instructions for joining the meeting online with your device or by calling in.The meeting will also be recorded and posted on the Y-PAC website.Visit the Yakima PIanning Commission webpage for more information. DOC• Yaklma INDEX eetzl /2 zn 193 YPC Staff Report & Packet Distribution List SHORELINE MASTER PROGRAM UPDATE SEPA#008-20 YPC PACKET: Jake Liddicoat Leanne Hughes-Mickel Al Rose lake@3dvakima.com leanne.mickel@me.com aar7040@gmail.com Rob McCormick Philip Ostriem Mary Place rob@mccarmickaircenter.com Philibostriem@gmail.com placeml@charter.net Lisa Wallace Kay Funk—Council Liaison Sara Watkins—Legal Dept lisakwaIlace@hotmail.corn Kay.funk@vakimawa,gov Sara,watkins@vakimawa.gov (Department of Ecology) (Shannon &Wilson Consultant) Lennard Jordan Amy Summe Ijor461@ecv.wa.gov Jsc z�sl;asnviLct;s n Date Distributed: 7 2 212-I DOC. INDEX 46_11..r 194 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#008-20 City of Yakima Shoreline Master Program Update City-wide I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Environmental Review, DNS, and Public Hearing; a true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, and SEPA reviewing agencies; that said parties are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 6th day of May, 2021. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. ra SJO6LA--"' Rosalinda Ibarra Community Development Administrative Assistant DOC, INDEX 1 Parties of Recc '- Shoreline Master Program Update- 7PA#008-20 195 Lennard Jordan DOE— Amy Summe(Consultant)— Noelle Madera—Yakima Phil Hoge—phllhoge@aol.com Shannon&Wilson— County- ]ior461(rr?ecv.wa gov AJS@shanwil.com Noel le.Madera@co.vakima.wa.us Chelsea Benner DOE— cheh46I 0ecv.wa.igov In-House Distribution E-mail List Revised 05/03/2021 Name Division E-mail Address Silvia Corona Clerk's Office Silvia.Corona@yakimawa.gov Lisa Maxey Code Administration Lisa.Maxey[a7,yakimawa.gov Glenn Denman Code Administration Glenn.Denman@vakimawa.ov John Zabell Code Administration John.Zabell@yakimawa.Rov Kelli Horton Code Administration Kelii.Horton@yakimawa.gov Linda Rossignol Code Administration Linda.Rossignol@yakimawa.gov Pedro Contreras Code Administration Pedro.Contreras(cl],yakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Tony Doan Code Administration Tony.Doan@yakimawa.gov Joan Davenport Community Development Joan.Davenport(a,yakimawa.aov Rosalinda Ibarra Community Development Rosalinda.Ibarra(ayakimawa.gov Bill Preston Engineering Bill.prestongvakimawa.gov Dan Riddle Engineering Dan.Riddle@yakimawa.gov David Della Engineering David.Della@yakimawa.gov Aaron Markham Fire Aaron.markhami7.vakimawa.gov Jeremy Rodriguez Fire Jeremy.Rodriguez(a7yakimawa.gov Sara Watkins Legal Sara.Watkins@yakimawa.gov. Archie Matthews ONDS Arch ie.Matthews(E yakitnawagov Joseph Calhoun Planning Joseph.Calhoun@yakimawa.gov Analilia Nunez Planning Anal iIia.nunez[a?,yakimawa.aov Matt Murray Police Matthew.murrav a.vakimawa.gov Scott Schafer Public Works Scott.Schafer@yakimawa.gov Loretta Zammarchi Refuse Lnretta.Zammarchi@yakimawa.gov Randy Layman Refuse Randy.LaymanAvakimawa.gov Gregory Story Transit Gregory.Story a.yakimawa.gov James Dean Utilities James.Dean@yakimawa.,gov Dana Kallevig Wastewater Dana.Kallevig a.vakimawa.gov Randy Meloy Wastewater Randy.Meloy@vakimawa.gov Dave Brown Water/Irrigation David.Brown(rt7,yakimawa.gov _ Mike Shane Water/Irrigation Mike.Shane@yakimawa.gov Outside Distribution Name Address Included In Mailing? Pacific Power Attn:Estimating Department 500 N Keys Rd,Yakima,WA 98901 ❑ Yes ANo (S bdivision notices ONL 19 Type of Notice: fl "J�} 7L1 P A� J\w[J if�6�.1' �}� S ` File Number: 9/4 QOd -20 Date of Mailing: 5fiP �2 1 j INDEX // # D -lC • 196 Ahtanum Irrigation District Cascade Natural Gas Century Link Beth Ann Brulotte,Executive Assistant 8113 W Grandridge Blvd Manager 10705-B Gilbert Road Kennewick,WA 99336 8 South 2nd Ave,Rm#304 Yakima,WA 98903-9203 Yakima,WA 98902 bethb@ahtanum.net Charter Communications City of Union Gap City of Yakima-Airport Manager Dennis Henne,Development Director Rob Peterson,Director 1005 North 16th Ave P.O.Box 3008 2400 West Washington Ave Yakima,WA 98902 Union Gap,WA 98903 Yakima,WA 98903 dennis.henne@uniongapwa.gov rob.peterson@yakimaairtenninal.com City of Yakima-Engineering Division City of Yakima-Wastewater Division Federal Aviation Administration Dan Riddle,Street Inspector Marc Cawley,Wastewater Operations 2200 W.Washington Ave 129 N 2nd Street marc.cawley@iyakimawa.gov Yakima,WA 98903 Yakima,WA 98901 Dana Kallevig,Utility Project Manager Dan.Riddie@y a kimawa.gov dana.kailevig@yakimawa.gov Greater Yakima Chamber of Commerce Nob Hill Water Association North Yakima Conservation District 10 North 9th Street Bob Irving,Engineering Technician Manager Yakima,WA 98901 6111 Tieton Drive 1606 Perry Street,Ste.C chamber@yakima.org Yakima,WA 98908 Yakima,WA 98902 bob@nobhillwater.org Office of Rural and Farm Worker Housing Pacific Power U.S.Army Corps of Engineers,Regulatory Marty Miller, Mike Paulson, Branch 1400 Summitview Ave,Ste#203 500 North Keys Rd David Moore,Project Manager Yakima,WA 98902 Yakima,WA 98901 P.O.Box 3755 Martym@orfh.org Seattle,WA 98124-3755 david.j.moore@usace.army.mil United States Postal Service WA State Attorney General's Office WA State Department of Agriculture Maintenance Dept. 1433 Lakeside Court,Ste#102 Kelly McLain, 205 W Washington Ave Yakima,WA 98902 PO Box 42560 Yakima,WA 98903 Olympia,WA 98504 kmclain@agr.wa.gov WA State Department of Commerce WA State Department of Ecology WA State Department of Ecology Review Team, Annie Szvetecz,SEPA Policy Lead Gwen Clear,Regional Coordinator 1011 Plum St SE P.O.Box 47703 1250 W Alder St Olympia,WA 98504-3172 Olympia,WA 98504-7703 Union Gap,WA 98903 reviewteam@commerce.wa.gov separegister@ecy.wa.gov crosepacoordinator@ecy.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Ecology Lori White, Rhonda Luke,Project Coordinator sepaunii®ecy.wa.gov Lori.white@ecy.wa.gov FormerOrchards@ecy.wa_gov WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife, Eric Bartrand, Scott.Downes@dfw.wa.gov SEPA Desk 1701 South 24th Ave PO Box 43200 Yakima,WA 98902 WA State Department of Fish and Wildlife Olympia,WA 98504 Eric.Bartrand@dfw.wa.gov Tea mYa kimaldfw.wa.gov SEPAdesk@dfw.wa.gov WA State Department of Health WA State Department of Natural WA State Department of Social&Health Kelly Cooper, Resources,SEPA Center � Services,Office of Capital Programs PO Box 47820 PO Box 47015 DCV. Robert J.Hubenthal, Olympia,WA 98504 Olympia,WA 98504 INDEX P.O.Box 45848 Keily.cooper@doh.wa.gov sepacenter@dnr.wa.gov Olympia,WA 98504 #1 lia..Zabert.liubenthal@dshs.wa.gov bert.I•lubenihal@dshs.wa.gav 197 WA State Dept of Archaeology&Historic WA State Dept of Health,Office of WA State Energy Facility Site Evaluation Preservation Drinking Water Council 1063 S Capitol Way,Ste 106 Jamie Gardipe Tamie.gardipe@doh.wa.gov Stephen Posner,SEPA Officer Olympia,WA 98504-8343 16201 E Indiana Ave,Ste#1500 PO Box 43172 Sepa@dahpiwa.gov Spokane Valley,WA 99216 Olympia,WA 98504-3172 SEPA.reviewteam@doh.wa.gov sposner@utc.wa.gov WA State Environmental Protection WA State Governor's Office of Indian WA State Parks&Recreation Commission Agency Affairs Jessica Logan, NEPA Review Unit PO Box 40909 P.O.Box 42650 1200 6th Ave.#155,14 D-12 Olympia,WA 98504 Olympia,WA 98504 Seattle,WA 98101 jessica.logan parks.wa.gov West Valley School District West Valley School District WSDOT Angela Von Essen,Asst.Supt Mike Brophy,Superintendent Paul Gonseth,Planning Engineer 8902 Zier Road 8902 Zier Road 2809 Rudkin Road Yakima,WA 98908-9299 Yakima,WA 98908 Union Gap,WA 98903 vonessensa@wvsd208.org brophym@wvsd208.org gonsetp@wsdot.gov WSDOT South Central Region Planning WSDOT,Aviation Division Yakama Bureau of Indian Affairs Office Max Platts,Aviation Planner Superintendent SCplanning@wsdot.wa.gov 7702 Terminal St SW P.O.Box 632 Tumwater,WA 98501 Toppenish,WA 98948 pIattst@ wsd ot.wa.gov Yakama Bureau of Indian Affairs Yakama Indian Nation,Cultural Resources Yakama Indian Nation,Yakima Tribal Rocco Clark,Environmental Coordinator Program Council P.O.Box 632 Johnson Meninick, Ruth Jim, Toppenish,WA 98948 P.O.Box 151 P.O.Box 151 Rocco.clarknbia.gov Toppenish,WA 98948 Toppenish,WA 98948 Yakama Nation Environmental Mgmt Yakama-Klickitat Fisheries Project Yakima County Building Department Program,Elizabeth Sanchey John Marvin, Harold Maclean,Building Official P.O.Box 151 760 Pence Road 128 North 2nd Street,4th Floor Toppenish,WA 98948 Yakima,WA 98909 Yakima,WA 98901 esanchev@yakama.com marj@yakamafish-nsn.gov harold.maclean@co.yakima.wa.us jmarvi aka kama.com Yakima County Commissioners Yakima County Health District Yakima County Planning Division Commissioners.web@co.yakima.wa.us Ryan Ibach,Director Tommy Carroll,Planning Manager 1210 Ahtanum Ridge Dr Ste#200 128 North 2nd Street,4th Floor Union Gap,WA 98903 Yakima,WA 98901 yhd@co.yakima.wa.us Thomas.Carroll@co.yakima.wa.us rya n.ibach@co.va ki ma.wa.us Yakima County Planning Division Yakima County Public Services Yakima County Water Resources Division Jason Earles,Zoning/Subdivision Section Lisa Freund,Public Services Director Troy Havens,Manager 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor Yakima,WA 98901 Yakima,WA 98901 Yakima,WA 98901 Iason.Earles',co.yakima.wa.us lisa.freund@co.yakima.wa.us Troy.Havens@co.yakima.wa.us Yakima County Water Resources Division Yakima Greenway Foundation Yakima Regional Clean Air Agency Dianna Woods,Progam Analyst Kellie Connaughton,Executive Director Hasan Tahat,Compliance and Engineering 128 North 2nd Street,4th Floor 111 South 18th Street Division Supervisor Yakima,WA 98901 Yakima,WA 98901 186 Iron Horse Ct#101 Dian.na.Woods@co.yakima.wa.us kellie@yakimagreenway.org Yakima,WA 98901 hasan@yrcaa.org, Yakima School District Yakima School District Yakima School District Jay Baucom,Director of Maintenance& Stacey Locke,Assistant Superintendent of Trevor Greene,Superintendent Operations Operations �� 104 North 4th Ave 104 North 4th Ave 104 North 4th Ave ' Yakima,WA 98902 Yakima,WA 98902 Yakima,WA 98902 !NM greene.trevorC yakimaschools.org baucom.jay r ya kimaschooIs.org lacke.stacey@ysd7.org # ^ G 198 Yakima Valley Canal Co Yakima Valley Conference of Governments Yakima Valley Museum Robert Smoot, Lynn Deitrick,Senior Planner Peter Arnold,Executive Director 1640 Garretson Lane 311 North 4th Street,Ste#202 2105 Tieton Drive Yakima,WA 98908 Yakima,WA 98901 Yakima,WA 98902 ynn.deitrick@yvcog.org peter@yvmuseum.org • Yakima Valley Trolleys Yakima Valley Trolleys Yakima Waste Systems Paul Edmondson, PO Box 796 Keith Kovalenko,District Manager 313 North 3rd Street Yakima,WA 98907 PO Box 2830 Yakima,WA 98901 in1o@yakimavaRevtroilevs.org Yakima,WA 98907 keithk@wasteconnections.com Yakima-Tieton Irrigation District Sandra Hull, SEPA REVIEWING AGENCIES_updated 470 Camp 4 Rd 05/03/2021 Yakima,WA 98908 Type of Notice: flD-J ,t 11D-firt D f Affi S7/41 y I2t tkAnkt 3, pN S File Number: 5619A D2 Date of Mailing: 5JQ, 1 2-0 2-J DOC. INDEX # —1Cd • Ibarra,Rosalinda 199 From: Ibarra,Rosalinda Sent: Thursday,May 06,2021 11:44 AM To: Brown,David;Calhoun,Joseph;Contreras,Pedro;Corona,Silvia;Davenport,Joan;Dean,James;DeBusschere,Suzanne;Della,David; Denman,Glenn;Doan,Tony;Horton,Kelli;Ibarra,Rosalinda;Kallevig,Dana;Layman,Randy;Markham,Aaron;Matthews,Archie; Maxey,Lisa;Meloy,Randy;Murray,Matthew;Nunez,Analilia;Preston,Bill;Riddle,Dan;Rodriguez,Jeremy;Rossignol,Linda; Schafer,Scott;Shane,Mike;Story,Gregory;Watkins,Sara;Zabell,John;Zammarchi,Loretta;Ahtanum Irrigation District-Beth Ann Brulotte;Cawley,Marc;Chamber of Commerce;Department of Agriculture;Department of Commerce(CTED)-Review Team; Department of Ecology;Department of Ecology-Former Orchards;Department of Ecology-Lori White;Department of Ecology- SEPA Register;Department of Ecology-CRO Coordinator;Department of Fish and Wildlife;Department of Fish and Wildlife; Department of Fish and Wildlife-Eric Bartrand;Department of Fish and Wildlife-Scott Downes;Department of Natural Resources; Dept of Social&Health Svcs-Robert Hubenthal;Dept.Archaeology&Historic Preservation-SEPA Review;Energy Facility Site Evaluation Council-Stephen Posner;Henne,Dennis;Ibarra,Rosalinda;Kallevig,Dana;Nob Hill Water- Bob Irving;Nunez, Analilia;Office of Rural&Farmworker Housing-Marty Miller;Peterson,Robert;Riddle,Dan;US Army Corps of Engineers-David Moore;WA State Dept of Health,Kelly Cooper;WA State Dept of Health,Office of Drinking Water;WA State Dept of Health,Office of Drinking Water;WA State Parks&Recreation Commission;WSDOT-Paul Gonseth;WSDOT-South Central Regional Planning Office;WSDOT Aviation-Max Platts;WVSD-Angela Watts,Asst Supt of Bus/Fin;WVSD-Mike Brophy,Supt.;Yakama Bureau of Indian Affairs-Rocco Clark;Yakama Nation Environmental Management Program-Elizabeth Sanchey;Yakama-Klickitat Fisheries- John Marvin;Yakama-Klickitat Fisheries Project-John Marvin;Yakima County Building Official-Harold Maclean;Yakima County Commissioners;Yakima County Flood Control District-Dianna Woods;Yakima County Flood Control District-Troy Havens; Yakima County Health District;Yakima County Health District-Ryan Ibach;Yakima County Planning-Manager-Tommy Carroll; Yakima County Planning-Zoning/Sub-Jason Earles;Yakima County Public Svcs Director,Lisa Freund;Yakima Greenway Foundation-Kellie Connaughton;Yakima Regional Clean Air Agency-Hasan Tahat;Yakima School District-Jay Baucom;Yakima School District-Stacey Locke;Yakima School District-Trevor Greene;Yakima Valley Museum-Peter Arnold,Exec Director;Yakima Valley Trolleys;Yakima Waste Systems-Keith Kovalenko;YVCOG-Lynn Deitrick;Brown,Michael;Davido,Sean;El Mundo;El Sol de Yakima;Fannin,John;KAPP TV News;KBBO-KRSE Radio-manager;KDNA Noticias;KDNA Radio-Francisco Rios;KEPR TV News;KIMA TV News;KIT News;KIT/KATS/DMVW/KFFM-Lance Tormey;KNDO TV News;KNDU TV News;KUNW-TV Univision;KVEW TV News;La Casa Hogar;La Voz;Lozano,Bonnie;NWCN News;NWPR-Anna King;Randy Luvaas-Yakima Business Times;RCDR-Maria DJ Rodriguez;Reed C.Pell;Tu Decides;Tu Decides-Albert Torres;West Valley School District- Angela Watts;Yakima Herald Republic-Mai Hoang;Yakima Herald Republic Newspaper;Yakima Valley Business Times;YPAC- Randy Beehler;Al Rose;Funk,Kay;Jacob Liddicoat;Leanne Hughes-Mickel;Lisa Wallace;Mary Place;Philip Ostriem;Rob McCormick Cc: Calhoun,Joseph;'Phil Hoge';'ljor461@ecy.wa.gov';'ajs@shanwil.com';'noelle.madera@co.yakimawa.wa.us';'cheb461@ecy.wa.gov' Subject: NOTICE OF APPLICATION,SEPA,YPC HEARING,&DNS-Shoreline Master Program Update-SEPA#008-20 Attachments: NTC OF APPLICATION,SEPA,YPC HEARING&DNS-Shoreline Master Program Up....pdf Attached is a Notice of Application, Environmental Review,YPC Public Hearing, and DNS regarding the above-entitled project. If you have any questions about this proposal please contact the assigned plannerJoseph Calhoun at loseph.calhoun @yakimawa.gov Additional information, including the Draft Shoreline Master Program, can be found online at: https://www.vakimawa.govlservices/planning/smp/ Rosalinda Ibarra Community Development Administrative Assistant City of Yakima I Planning Division 129 North 2nd Street,Yakima WA 98901 p: (509)575-6183 0 f: (509)575-6105 #IS11 I S%%% g FLY This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DOCs INDEX # D - Ib 1 200 YAKIMA HERALD-REPUBLIC WE TELL YOUR STORIES YAKIMAHERALD.COM El Sol deyakima -Ad Proof- This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Date: OS/04/21 Account#: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA,AP Address: 129 N 2ND STREET YAKIMA,WA 98901-2720 Telephone: (509)575-6164 Fax: Account Rep: Simon Sizer Phone# (509)577-7740 Email: ssizer@YAKIMAHERALD.COM Ad ID: 976668 Start: 05/06/21 Stop: 05/06/21 Total Cost: $226.30 Lines: 124.0 #of Inserts: 1 Ad Class: 6021 Run Dates: Yakima Herald-Republic 05/06/21 DOC. INDEX 201 NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING FROM:Joan Davenport,AICP, Community Development Director APPLICANT: City of Yakima Planning Division FILE: SEPA#008-20 LOCATION: City-Wide PROJECT DESCRIP- TION Non-project proposal that updates the City of Yakima Shoreline Master Program(SMP). Proposed changes to the SMP includes the following:State-based updates.These changes are mostly technical updates that are already in effect under state law but not included in the Yakima Municipal Code (YMC)Title 17.These changes support better clarity and consistency in the application of the SMP for project applicants and the public because all applicable rules are clearly identi- fied. NOTICE OF ENVIRONMENTAL REVIEW This is to notify agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has been established as the lead agency, under WAC§ 197-11-928 for this project.The City of Yakima has reviewed the proposed project and has determined that it does not have a probable significant adverse impact on the environment.An environ- mental impact statement(EIS)is not required under RCW 43.21C.020(2)(C). Required Permits:The following local, state,and federal permits/approvals may or will be needed for this project:WA State DOE adoption Required Studies: N/A Existing Environmental Documents: YMC Title 17, Periodic Review Checklist,2017 SEIS Development Regula- tions for Project Mitigation and Consistency Include: N/A non-project REQUEST FOR WRITTEN COMMENTS:Agencies,tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. There is a 30-day comment period for this review.This may be your only opportunity to comment.All written comments received by 5:00 p.m.on 6/7/21,will be considered as part of the record. Please reference file numbers(SEPA#008-20) and applicant's name(City of Yakima Planning) in any corre- spondence you submit.You can mail your comments to:Joan Davenport,AICP,Community Development Director;City of Yakima,Department of Community Development; 129 N.2nd St.,Yakima,WA 98901 NOTICE OF PUBLIC HEAR- ING This request requires that the Yakima Planning Commis- sion hold an open record public hearing,which is scheduled for 5/26/21 at 3:00 p.m. Due to the COVID-19 pandemic,the hearing will be held virtually via Zoom.Any person desiring to express their views on the matter is invited to attend the hear- ing and provide testimony.IF YOU WOULD LIKE TO ATTEND THIS VIRTUAL MEETING TO LISTEN AND/OR TESTIFY, PLEASE REGISTER IN ADVANCE WITH YOUR NAME AND EMAIL ADDRESS HERE: https://cityotyakima.zoom.us/webi- nar/register/WN PMzaMiU3R2SvgfpUAC-KXa The file con- taining the complete application is available for public review at the City of Yakima Planning Division,City Hall—2nd Floor, 129 N. 2nd St.,Yakima, WA and online at https://www.yakimawa. gov/services/pianning/smp/. If you have any questions on this proposal, please contact Joseph Calhoun, Planning Manager at(509)575-6042,or email to:joseph.calhoun @yakimawa. gov. (976668)May 6,2021 Courtesy of Yakima Herald-Republic Bea INDEX # 202 Ibarra,Rosalinda From: Simon Sizer<ssizer©yakimaherald.com> Sent: Tuesday,May 04,2021 8:53 AM To: Ibarra,Rosalinda Subject: Re:05-06-2021 Legal Notice-City of Yakima Shoreline Master Program-SEPA#008-20 Attachments: IBARRAAP-99-976668-1.pdf Good morning. I have scheduled this legal notice for 5/6, for a cost of$226.30. Simon Sizer I Legal &Obituary Clerk Yakima Herald-Republic 114 North 4th Street,Yakima, WA 98901 P.O. Box 9668, Yakima, WA 98909 Phone: (509) 577-7740 I Fax: (509) 577-7766 From: Ibarra, Rosalinda <Rosalinda.lbarra@yakimawa.gov> Sent: Monday, May 3, 2021 4:18 PM To:Simon Sizer<ssizer@yakimaherald.com> Subject: 05-06-2021 Legal Notice-City of Yakima Shoreline Master Program -SEPA#008-20 Hi Simon-please publish the attached legal notice on May 6, 2021. Please bill the City of Yakima Planning Division account. Thank you! Rosalinda Ibarra Community Development Administrative Assistant City of Yakima I Planning Division 129 North 2nd Street,Yakima WA 98901 p: (509)575-6183 0 f: (509)575-6105 /11a ■►►\ P arming FLY This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. U 41 .-. C T °'-I N 6] rA W� mza c . 'o m ara r omrtl "6'��' oc� c�Z Zmc3� cvrrn W J- roc - o �' ca oq V) aZ @ cv UrQ Em• CDmW Q 3 a� .3cro `u U a�25 m ,� m rs).. cvi Cca .. U1 co_•- Wen > aroOc3 > Cu-t}E o °' v n �'o ro m°9 v, ro a� o-a _ w e c? o-. 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Proposed changes to the SMP includes the following: 1) State-based updates. These changes are mostly technical updates that are already in effect under state law but not included in the Yakima Municipal Code (YMC)Title 17. These changes support better clarity and consistency in the application of the SMP for project applicants and the public because all applicable rules are clearly identified. NOTICE OF ENVIRONMENTAL REVIEW This is to notify agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has been established as the lead agency, under WAC § 197-11-928 for this project. The City of Yakima has reviewed the proposed project and has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement(EIS) is not required under RCW 43.21C.020(2)(C). Required Permits: The following local, state, and federal permits/approvals may or will be needed for this project: WA State DOE adoption Required Studies: N/A Existing Environmental Documents: YMC Title 17, Periodic Review Checklist, 2017 SEIS Development Regulations for Project Mitigation and Consistency Include: N/A non-project REQUEST FOR WRITTEN COMMENTS: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. There is a 30-day comment period for this review. This may be your only opportunity to comment. All written comments received by 5:00 p.m. on June 7, 2021, will be considered as part of the record. Please reference file numbers (SEPA#008-20) and applicant's name (City of Yakima Planning) in any correspondence you submit. You can mail your comments to: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St.,Yakima,WA 98901 NOTICE OF PUBLIC HEARING This request requires that the Yakima Planning Commission hold an open record public hearing, which is scheduled for May 26, 2021 at 3:00 p.m. Due to the COVID-19 pandemic, the hearing will be held virtually via Zoom. Any person desiring to express their views on the matter is invited to attend the hearing and provide testimony. IF YOU WOULD LIKE TO ATTEND THIS VIRTUAL MEETING TO LISTEN AND/OR TESTIFY, PLEASE REGISTER IN ADVANCE WITH YOUR NAME AND EMAIL ADDRESS HERE: https://citvofvakima.zoom.us/webinar/register1WN PMzaMiU3R2SvgfpUAC-KXQ The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall—2nd Floor, 129 N. 2nd St., Yakima, WA and online at https://www.yakimawa.qov/serviceslplanning/smp/. If you have any questions on this proposal, please contact Joseph Calhoun, Planning Manager at(509) 575-6042, or email to: joseph.calhoun@yakimawa.gov. Enclosed: DNS, SEPA Checklist, Periodic Review Checklist. Draft SMP can be viewed at the weblink above. Yakima INDEX 2015 1994 DEPA MENTO DE DESARROLLO COMU 7ARIO 204 '7;■111111111.1h. Joan Davenport, AICP, Directora ��'l I IA� Division de Planificacion �. Joseph Calhoun, Gerente n c OF i - 129 Norte Calle 2a, 2°Piso,Yakima, WA 98901 P a n i n rask.planning@yakimawa.gov • www.yakimawa.gov/services/planning AVISO DE AUDIENCIA PUBLICA Y REVISION AMBIENTAL FECHA OTORGADA: 6 de mayo, 2021 PARA: Agencias de RevisiOn Ambiental, Personas Interesadas DE: Joan Davenport, AICP, Directora de Desarrollo Comunitario SOLICITANTE: Ciudad de Yakima Division de PlanificaciOn No. DE ARCHIVO: SEPA#008-20 UBICACION/ No. DE PARCELA(S): Toda la Ciudad de Yakima DESCRIPCION DEL PROYECTO: Esta es una propuesta sin-proyecto que actualiza el Plan del Programa Master Shoreline (SMP). Los cambios propuestos al SMP incluyen to siguiente: 1)Actualizaciones basadas en el estado. Estos cambios son en su mayoria actualizaciones tecnicas que ya estan en vigor segun la ley estatal, pero que no estan incluidas en el Titulo 17 del C6digo Municipal de Yakima (YMC). Estos cambios respaldan una mayor claridad y coherencia en la aplicaciOn del SMP para solicitantes de proyectos y el publico porque todas las reglas aplicables estan claramente identificadas. AVISO DE REVISION AMBIENTAL: Esto es para notificar a las agencias con jurisdicciOn y experiencia ambiental y al publico que la Ciudad de Yakima, Division de PlanificaciOn, se establece como la agencia principal, conforme a WAC §197-11-928 para la revisiOn de este proyecto. La Ciudad de Yakima ha revisado esta propuesta y ha determinado que no tiene posibles impactos ambientales adversos. No se requiere una declaraciOn de impacto ambiental (EIS) segun el cOdigo estatal RCW 43.21C.020(2)(C). Permisos Requeridos: Los siguientes permisos/aprobaciones locales, estatales, y federales pueden o saran necesarios para este proyecto: AdopciOn del Departamento de Ecologia del Estado de Washington Estudios Requeridos: N/A Documentos Ambientales Existentes: YMC Titulo 17, Lista de Revisi6n, 2017 SEIS Los Reglamentos de Desarrollo para la Mitigacion y Consistencia de Proyectos Incluyen: N/A SOLICITUD DE COMENTARIOS ESCRITOS: Se anima a las agencias, tribus, y el publico a revisar y comentar sobre el proyecto y sobre sus probables impactos ambientales. Habra un periodo de treinta digs para esta revisiOn. Este podria ser su Unica oportunidad para comentar. Todos los comentarios recibidos por escrito antes de las 5:00 p.m. el 7 de junio, 2021 saran parte del archivo de esta propuesta. Por favor de hacer referencia al numero de archivo (SEPA#008-20) y el nombre del solicitante (City of Yakima Planning) en cualquier correspondencia que envie. Envie sus comentarios a: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St.,Yakima,WA 98901 AVISO DE AUDIENCIA PUBLICA: Esta propuesta requiere que la Comisi6n de PlanificaciOn de Yakima conduzca una audiencia publica con registro abierto programada para el 26 de mayo, 2021 a las 3:00 p.m. Debido a la pandemia de COVID-19, la audiencia publica sera programada virtualmente por Zoom. Se le invita a cualquier persona que desee expresar sus opiniones sobre esta propuesta de asistir a la audiencia publica y presentar comentarios. SI DESEA ASISTIR A ESTA REUNION VIRTUAL PARA ESCUCHAR Y/O TESTIFICAR, REGISTRESE POR ADELANTADO CON SU NOMBRE Y CORREO ELECTRONICO: https://cityofyakima.zoom.us/webinar/reoister/WN PMzaMiU3R2SvgfpUAC-KXq Despues de registrarse, recibira instrucciones por correo electrOnico para ingresar en linea con su dispositivo o Ilamando por telefono. El archivo que contiene la aplicaciOn completa esta disponible para inspecciOn publica en la Oficina de PlanificaciOn de la Ciudad de Yakima en el 129 al Norte la Calle 2da, Yakima, WA o en la pagina web: https://www.yakimawa.qov/services/planning/smp/ Si tiene cualquier pregunta sobre esta propuesta, puede contactar a la Oficina de PlanificaciOn al (509) 575-6183 o por correo electrOnico al: ask.planningnyakimawa.gov Adjuntes: DNS, Lista SEPA, Lista de RevisiOn PeriOdica. El plan SMP esta disponible en el enlace arriba. INDEXYakima wuM!q 1)�\. 1,11111 2015 1994 •a" EPARTMENT OF COMMUNITY DEVELC ENT �,�� 205 ,.yk Joan Davenport,AICP, Director PCITY OF YAKIMA Planning Division anning Joseph Calhoun, Manager 129 North Second Street,2nd Floor,Yakima, WA 98901 Ask.plannin2,@yakimawa.gov—www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON May 6, 2021 PROJECT NAME: City of Yakima Shoreline Master Program Periodic (SMP) Review. PROJECT DESCRIPTION: This is a non-project proposal that updates the City of Yakima Shoreline Master Program (SMP). Proposed changes to the SMP includes the following: State-based updates. These changes are mostly technical updates that are already in effect under state law but not included in the Yakima Municipal Code (YMC) Title 17. These changes support better clarity and consistency in the application of the SMP for project applicants and the public because all applicable rules are clearly identified. LOCATION: Policies and regulations in the SMP affect areas in the City of Yakima within shoreline jurisdiction, as defined in RCW 90.58. This includes the Yakima River, Naches River, Cowiche Creek, and several lakes. PROPONENT: City of Yakima LEAD AGENCY: City of Yakima FILE NUMBERS: SEPA#008-20 DOCUMENTS REVIEWED: SEPA Checklist, May 4, 2021 SMP Periodic Review Checklist and Critical Areas Checklist, both dated May 3, 2021, City of Yakima Periodic Shoreline Master Program Update Analysis, Yakima Comprehensive Plan, and Yakima Municipal Code. We are Yakima Comprehensive Plan 2040 Draft Supplemental Environmental Impact Statement and the We are Yakima Comprehensive Plan 2040 Final Supplemental Environmental Impact Statement, The proposed changes and these documents are available for review at: https://www.vakimawa.goviservices/planning/smp DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Responsible Official: Joan Davenport Position/Title: SEPA Responsible Official Phone: (509) 575-6183 Address: 129 N. 2nd Street, Yakima, WA 98901 Date: May 6, 2021 Signature: �- X This DNS is issued under WAC 197-11-340' otice is hereby provided for the SEPA action for a non-project action under the Growth Management Act. COMMENTS AND NOTICE OF APPEALS: The comment period is 30 calendar days and ends [June 7, 2021] at 5 p.m. Any notice of appeals must be filed in writing, with the required filing fee received within 14 calendar days of the end of the comment period at Yakima City Hall by [June 22, 2021]. You should be prepared to make specific factual objectives. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. DOC iNDEX • DEPAI__MENT OF COMMUNITY DEVELOI_.SENT 206 .M M■I\\ Joan Davenport, AICP, Director J7E1It►\ AlliM It Joseph Calhoun,Manager CITY n n YAKIMAn g Pia 129 North Second Street,2nd Floor,Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA AND DEPARTMENT OF ECOLOGY SHORELINE MASTER PROGRAM PERIODIC REVIEW PUBLIC COMMENT PERIOD AND PUBLIC HEARING The City of Yakima and Washington Dept. of Ecology are accepting comments on a periodic review of the city's shoreline master program under RCW 90.58.080(4). The city has prepared draft SMP amendments to keep the SMP current with changes in state law, changes in other city plans and regulations, and other changed local circumstances. Public comment will be accepted from May 6, 2021 to June 7, 2021 at 5:00 p.m. The city will hold a Planning Commission Hearing on May 26, 2021 via zoom, please use this link to register for the meeting: https://cityofyakirna.zoorn us/webinar/registerlWN PMzaMiU3R2SvgfpUAC-KXq Send comments to city staff: Joseph Calhoun at 129 N 2nd St, Yakima WA, 98901 or joseph.calhount yakimawa.gov. Comments sent to the city of Yakima will be forwarded to the Dept. of Ecology. Proposed amendments to the city of Yakima shoreline master program are available for review at https.f/www.yakimawa.gov/services/planning/smp/ and the city Planning Department at 129 N 2nd St— Second Floor, Yakima, WA, 98901. LY)C,, INDEX 207 SHORELINE MASTER PROGRAM UPDATE SEPA#008-20 EXHIBIT LIST CIIAI'TERE Public Comments DOC DOCUMENT DA T E INDE # E-1 Comments received from D. Laine Young,Ecology's Water 05/13/2021 Quality Program Ibarra,Rosalinda 208 From: Amy Summe<AJS@shanwil.com> Sent: Thursday,May 13,2021 11:58 AM To: Davenport,Joan Cc: Calhoun,Joseph Subject: RE:Questions for SEPA/Shoreline Master Plan Periodic Rev. Hi Joan and Joseph- Let me know if you would like any help responding to these comments. Thanks, SHANNON 6VV1LSON, INC. Amy Summe, PWS I Associate, Senior Biologist/Permit Specialist Direct: (206)695-6685 *call forwards to my cell ajs@shanwil.com • From:Young, Laine (ECY) <LAY0461@ECY.WA.GOV> Sent:Thursday, May 13, 2021 11:52 AM To:joan.davenport@yakimawa.gov; Amy Summe<AJS@shanwil.com> Cc:Young, Laine (ECY)<LAY0461@ECY.WA.GOV> Subject: Questions for SEPA/Shoreline Master Plan Periodic Rev. Hello Amy and Joan— I have been reviewing proposed changes and updates to the Yakima City Shoreline Master Plan, now under periodic review through SEPA. Ecology's Water Quality Program reviews all SEPAs for compliance with the state and federal laws we implement. I have these questions before I can submit comments: 1. How(and how often) does the City incorporate new wetland delineations and floodplain datum points in SMP? Is this information available to the public sooner than every five years? 2. The Shoreline Jurisdiction Map does not appear to include local tributaries to the Naches and Yakima Rivers. I'm wondering about Ahtanum, Cowiche, Wide Hollow, Bachelor, East and West Spring Creeks.These are noted as critical areas under the Yakima County GIS system or noted as floodplains/floodways. How are the policies listed in Appendix B for critical areas, and buffers to be applied in Appendix C apply to these streams if they are not regulated as shorelines? 3. Yakima County GIS shows that water typing changes once streams cross into the City's boundary.The water typing is not noted on the GIS,though the creek alignments are. Does the City have a systems for designating the quality of the streams? How are the buffer requirements in Appendix C applied to streams that are not designated as man-made? Thank you for providing both a description of changes, and the actual Shoreline Plan with additions and removals to languages. It makes this review much easier. If you would rather discuss these questions, please feel welcome to call me at 509-731-0911 (home office cell). --Laine D.Laine Young,BS,MES TM DI,Lead.Central Region:b1'ashington Dept.of licologv l25(I ft'Allder: (,)iron Gap, 98903 509-731-0911(cell)tavo46l levy. 1cLgov DOC INDEX s' 1 209 SHORELINE MASTER PROGRAM UPDATE SEPA#008-20 EXHIBIT LIST CHAPTE Ft F Study Session Presentation DOC DOCUMENT DATE INDEX d F-1 YPC Study Session Presentation 05/12/2021 , -4:6A;a.li t.. \7 4,'"'"..1. .4•r,,(,,t..,i l,*..1Pl..,!ra.1K_-14.P.3d•.3'...._-i.,f .,i-el.• t•r.b•",4.-i,r/. (.•...,,'....:.,. -I--. 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Ite,..----f •• ,,,,,-••, •—„,.- ., . • . .....• , Ilt,x •—r I er) .......? • ' ..ifr=4•• . 4'\'`-‘.-;k!.'. ..' -, -. 1, ',ik&ext't„.i,'.4-;:.,.e.. ' -.. '. . • . - - '_., r' I .IT.' '. , •-' '.--r.,:..1.:' 4...i A;),".__E........:1.-- At.. -, __,.. . .... . . 211 > U+J N L +.+ c CD >. on O O u w >.• C _0 0 U - a t z V > CD - .V.,O c ccoo O _le > fo I 0 0 > 7 C -0 .Z N N N O Q a O c E CCD +, -a O N > a O can N Y •- • > c a > 00 O E W E fo O roc O E c o. a o ( c - U o O co co C 73 W o >• ao v) " 3 -o O c L Oo .E 4J C •; as ▪ co �+ co u 3 o c o L c co c E w co c +"- _o o 5; >. a -aa 'c 00 cCo L ++ ++ U = L -a c fa O aU CO O O N _O _Ca O C = j = — +� o c a) c > _ m 5 v/ to aU a O Ua ac ii U •p • • • • • • • • • • • a) ,-, --t, ,_ _ (, o(NI „4_ (NI o _. 0 0L. NIE o CL o D N aA '- N CO E o_ aU +-J - O c� +-, Q U _ co t1A CO 73 • > i L- C r-I O dJ ate+ 'i N t. N CI- CO 0 _ I V) o SI DOC. INDEX 212 "PSIBIL NC • =E ._ ,ipi liprl T OA C r�; - ,,L . o �� V 1 Illg, w 'C Q f I CC i A lalljo, '0 M 0 a v y co 2 4. 0 .. . At:4 , . 4., :44 :6i: �y -riper- �� A 1. . i MK 0 72 ryT .' w.il�r I { � vl 4 44;*. . c a_ U co U hA U O1 f0 N N U cn Q) E (0 N UC N� 0 RI 02) Q) v N N _c > _ aA[O .N CU 0_ as . N - � .0 0 QO 2 N c To — M 4--J CI) a) i N C v To C N N 0 — C •.. i N 0 ca c U 0aA a) Ocu -_ � •, >, � 4_, •> U fa .N f6 'i L L. c ate-+ W cc �? cc ate, " O a. O a.0.3 O • • ■ • v, co cc 4) W &) V) • • • • D C INDEX 213 Y Y 41 L a) N 2 4J N .J ate••+ .= V Q CO c ,- O >, v N O C N N co a CA •co >. cC 0 L C CO O V a L s N c c� O L Y V •3 O Y 4_ = v v }' O O O }' i 0 as (13 .j ° . 2 > V) 3 L < 3 a o Z VI u CC m _ L U •— • • • • . r � �_ a / N p. ., E ` • I ` LLl 101.111 C I •._ . 0 V •aim ri 1 a) • .0 0., 0 . •.... . : __ : _ .... a) . , :, ,, : 1. , . . ov) <,,, ...c k ... , 0 . . , ., , , , .. _ , - . . ,_. _.V ' MIII•1111•u1111111 i -_. . c o DOC. INDEX I: :or. air. ,i 214 ' 11 l C\I r 1% 4 ..%. , • . , c a ,..... � Ij _�- ' • k -Ca.) Y -_ .� - • Pik ' ' ) - CI) E N.. • 4,40 . 116: 4W:- :ligilifF4-1111_ 1111 in v •� •- N N O 2 0 U tin NI ci 6 2 N •- N (,/� fa OU c •E -0 0 ui CU CU v •E L. 0 � o ' toQao >- V) O DOC. INDEX # F-1 215 h �. — '4 n ♦• It • •/i Ar . . • Cb._ S ,alkow_i_ At . . r ..t r .4 y, � '.T • . , .• . if% ' — }, { L' .. 'ir s.ny .1 1 * i 1 ifi ' es—4 N 4110 6 4V- it. 41. Ci• • 4 U lili • % , .i.....i.!'•• -. .0 ....„..,. . .4 . ,, to.11`-- *lr!'t• . a it ,k f , ., - u L %• .-- U Iiiiiiit ' .4 . > COasi N a) 2 N 0— > N L N • U N U O fa •V ate-+ s canCO —0 a--' v • _ cn L... N dJ -0 C6 U O ....II, W Wit. C U D fQ U JO OU .0 o_ • • • Doc,. INDEX # F. 1 216 ' '. ,.err: ,' . 4 - 1. ' 1 ' , iy r+r 4, ¢ r ` i �4 ti 4 6 t, ` 3 . `t W r .t4 ...y tal) + y + F C ` + t CO , CJ ' ~= -R 1.it l'• .i, .A. r;,ts 't a) 0 L -0 0 o .E a) CL a) O .v E 4- s -0 L O I- = NO a) � 0 N � 0_ U L 0 a--+ N 4O ate-+ N 0 4= Z • ' a) dJ o v 0 CD a) O O O V) 4A E � 4A , hA E .— c b L COmil -C u •0 Oro U _0 C co Q 0 in 0 O c ,a) O }' >` O N Z N Z ( H Z = DOC• INDEX 217 ^n W +— N Na) L.)"0 2 N 1 ``.. T C) Q N a) c ID a) p 4A = N _ - O _ C a) = -C °1 u a) v 2 a p � +, .c o ,_ � � o -a ° L a-a ` N U •� +., O a •� L� •— O croC + N oo c � a, O -0 � Q V) `f C } +S N }, : L a) 73 L cU a) NO 40 am N Qa, NQ) a) g an = +-a a a) L a) ca O N m a) .a- a� aDD -D N CD }, •E .L _ L L = L CD a, a, a 4-1 U C +, U oD co v) _, 4_, N 2 V) rot vb. • 0 ....,.- ,ria, 01 goir gab t at : 't drd.. i Z ''''.: 0 6..11 '0'1 CI) *11116 leo 40 lop . . . tt \ i t $*d Ct t "C ti3 4.° i ". 44 1 • • tr-P:44 t "...6 'z 7.; ? .4 tai AO t 4° .+4 i pli : *A 7 Q ... vCi 6 % vii pi- dim • .rwi ti`N 4.1 0 P-1,..,ef" 0 41.1 A i Q., 0 6 . tt 10.4 " 91C) ,Lr 1 "Ct 4.1 el) ,_..k 4( 4114 CIS Ai! 0 � t --- 3 . • ' — C3 ,� io 6 c� *� .� it • iti) t 0 4(1) s":1 et SOO Jodi trj•veal Z. 1..4 .4 blj° Zi iit CI C. n.C. } O il /1 0 r" tee.. -a.. „ :i °+ •' X r " 'Omr 218 MEM 1-1 4' . ,s °•rn . 4 Tr INF _K u) . '1'c,. , co 0_ a) U co i a.)U Q O a--' a--+ U a) f� > � : a U '4-1 ; ._ V, > Qv •� - (1) N •� •Oa ai a C .c U - N CID uO U c � O L Q O p a.4 0_ • v)a ro a„ ca„ ca J ca p Q v 131)CD bD 0 C a a = LI � — U a a +� a a � U 0� _ �. vas � + .- � Li- aa +"l — DC �., UU 1. U Q cn • • • DOC. INDEX 219 U N N NTo _a N > 'v) C _. O cn N i o�+ O 0 0 f6 O O .1) c v O N U (NIQ LEL to c }' > = v •N iJ v - C C C rA a) U Q r v) i y- La g � N O o �' V N L o , � c taa L U U C V . . . . Cti CU Q N — 12 Cla fa V NJ f6 L •� 0 •— 0 L. Uto C I C V J -0 in n W f0 Oa .7) N CD fa a) L .0 Ca Uar 00 Ca �� +� LT_ CU co -71 2 DOCI INDEX # -- - 1 * ' -'''-- .•A/ ' '8 We\ !'-1' 1 f r , .; a.,.• - 220 t.'• „ ;i4- • •..0',r-, •"'..- .-'- .. ,, .• t , • • -,,..,i,.:5, -4'4,1•3t . a . 1 : I. .....,, 7 ,., 411' •, . .. riN.. „':..b. ..),",,,, V,...___._k_ .011-,,..- Z.,', , ,.._ a, , t, IF .. • . • ,ip._ r V., ..I*'F.!--‘ •,4°1146.'141. 126 IV •'''. tt,•,• ,t• I if ',. . -,:k In It, , .v.-t- 4, - ' '-:x'.• P;,..... *•7 •.":'• Li+ li- .114 ' ' • 4/,' A\ . , '- ••'. . ) . • . . ;.7: - ....;.. • ...., : LiAil •: ... • I ,4 ...-. . : - , .•r• . • t :,', ‘.- ` 6 ''' ! '.4.:,'41, 4., ••••_ ii ri ii, ti. 1.-'• '-.. • ''.4 - . ,11,...'• .t. ....., ', ,„ ..i ., • 6 I' ... 41..kh - '— . •^' , r. .'''-.,;...u.HIF A • i'e. .41 ;' ;" - ...- •V f , ..; • •.. i ..;in A r i t I •9"0 .'- / 1 --.0. swi, • k 7'P• • . 4 : . ' • loOPt- A• 1:, ,, :`': 1' .• — I.,'1• ; hir 1.i I '4-.1.: /ir"..,•. -- •'.ie ;. . ' .V '- .,rk : ''' d' ;oil, • )• 7 . ,• .' af. / - 1 -: 1. p. 4,1, /- . .,., 4 . , 11.,... . , f 1 1 . , ,.. FP g 141' ;')it e.' '1 I ...• %Ake/ . ''ff-,••7 ..1 •".•:. • :ifikiir 4" . ....„. . 1 1 .. . T41 :Sr'''. ! - I ,IV•11: 0 1,. ,. ..•.4".*'.1, , „ ,1f . / . . ..:v.m. .,t. . , . 1 , -.1 .04- . , , .•,„ .,, , . I A - s••,, ,,.•' , r .....7 7;,,24:V,4,,-•",;.-.' AjIlr '1. I L • 4 f? 1 T c •i'.. • ,. ... i • I I „. • . 1 •,.. 4„,.. :-.7- ' . , $1fr, III. • °'1$' l • I . $ ... -•• ... . • '. $$ •; r A, , „Er I .., ,,•. *-, '.. 7-; • , ii - ,. .„1.f.:., ,.. • • . . •j. 4... 'CI 4. • -.-...r.."6 .. . ...t.',. • :..... - r - , . • . ... • - cv-.7.-. .-* - ' P - :• .. . .. - ---') , , .• ,...:2:, .., :: ... • jri ,. ''' V) C 4,AT:.,'..-'- ' a) • -0 0 C • • A co (0 4-1 CT 0 (0 0 ..0 I 4-1 . , •_ co . (...) .4..r (1) M (i) E 0 0 4-0 V) 4 ' — cu a) a) •- '.- . = Vi% (1) • s— -t7:s •-• §u tiL2CI 0 -1— S— -1-1 a)..., < •— o cu 0 co s0 _ E 4— n (13 A- • ,1 i. mC a). 3 - = ,..., ,._ -0 " ..c U •-... c c = c c .....- -I-1 ‘Am a) E mum m °3 -a .... s_ — (1) -C) = CU 0 f___ . •.— CIO ii.. 4:11 a) 4-1 1— •— , , 1— 0 V) . ; 9 r.* 0CCUX w %..., •.t.' 4t;* I 41. ro ,_ ro 0 bz 03 s_ -F E - ... e..i.., 73 .._ -0 -0 0 CU ta.0 • _- ,e, • 0- +-1 0_ c 4-, - a) .... _ . .:. . .91/. D V.,' D rci w _ 1._ cC 1_ ,, -• • • • • ' i EX ... ...• ..-i V . ,:,..,ii;, .. A.%. .111•011 _,-.•-- ...• 221 O b1 0 0 0 • . 00 ri 14 C1 C1 VI — al v In L _c O 0 0 0 O 13 VI ` rI -I r-I (C L a) L. t t ro 4- 70 3 2 u1 Ll 0 4.4 5 co N N lD m o o U W _ \ cm § -0 i L L . 0! O U U U U U o U O * 0 Ll VI O I CU M I 4! GJ (II 4- 0 0 0 CO N N N m i r-I r-I ri 13 VI Cr W 173 0 0 0 L 01 01 01 9- - al D i 5 _ con N LO 4.4 C CO CO 40 — _ _ > ] C 13 L. L L. L. L.alf }) al O O O O O N OD OD to be to Q) C) Cl) CU Cl) •X 5 U.1 U U U U w DOC. INDEX -_ 222 „re'''. d �, /` $ r' 1 J• 111 c N O �in 4-0co co S -0 C N+► a E COvC, O o u +., v - CO ›, }, ,_ .- C OA a.=+ 4—) -0 O co a) co ...... X 4.4 2 = co L 4-0 CO " N N C ° v Ev � Q E N a . c CO a co O N _ co U C (n Q _a D co O ' DOC. !INDEX 223 '1100,L • cYl I .61 :, • i. „ , . , i 0 I .,,. ____. _4 ,.• t ' , il r, r ; CO U tbp L •l ,—_ C 0 T 1 >. *L ■�� 0 (Q CO 0 N co DCD co CO N m O U 1.0 c .c a) 0 +� 'O N (a >- " 4, .O C V) V1 "L N f b ; V 0 L cu CO = 0 co co N U 0 � +, Li C E _c — L v ' ' 0 0 W U (a (o v 0- V) 0.0 N E E dJ u ,(a -- 0 v -a �� Oro U (13 0 J • • Wen # F-P-I 224 W Z a)) _ a) U s_ 0 O O In Z O,_1 to N 4- '. al — m fU CD CD 4— N 4- aLri-1 N U C 7 N E 41 45 ca t 0 -3 u c E r-I N M d' O� E v a as a) S— o 4 �> �� Ha U A LI) a) N al E i C6 0 N lO Ln 4- 3 n m L. N N im! CD = C CU m o o U in E ri+ N M d' g�•_ 0a) a a) a INDEX l : 225 a1 a) Q E O U 4- 0 0 LA co a1 O E M E E O LE '� Ca1 .CO L VI c CU a) CV o +-, c _ -a 0_ . v 0 • 0 v' N ca o •C ' O 0_ Q O 0_ 7 U 2 O w }' 0 CO a1 0.) C 4- -0 O E o E O .N 0 E O ,- E bO •E Q 73 E 0_ O o w }' a1 }' - c� •§ a — 0 .— -a O i = uU C ' U co M O O E a1 O a O w •_ 1 a t a1 0 OA -a 2 v, O O +, cn 'o o eL o o aA co C -0 U o > _o CV 2 = a1 a1 -, = Z -, vv in cc , cc v) • • • • • • • DOC, INDEX # F-1 • w • - .r♦ - ray �'1 226 , . . . P, - • • 4 E ). ' 4-1. ., s. .4r- . . .. . Iiiii.F 41.re:- 2!1.411 .• °vie ll1. A .„.. .*,,,i,..•4.,, 01" t.•... 40. - 111 4 Yr , M • 1 A iit.,:.,,,A0.,7 itt. i t II' it) -- 'it . i ,{ i e• 46. ,. 1li • � 4. Irill tI r t r I • A x ■. r 'k . : � .•' ,' -• r. •• 4:.!' i r1 • !��• -i•••� 'Z• •. ' • • •� , . I gal, • - S C .ilift: P* lipt 4'0r+ s1+-1 ." .1 1 i �l , u •_ o I 9 6. •6. °17i V) C in Q ill ■ in a) V) C IOC. C < INDEX