Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02/19/2008 06 2007 Critical Areas Ordinance Update Exhibit List
CRITICAL AREAS ORDINANCE EXEMPTIONS TO BE CONSIDERED FOR INCLUSION AND AMENDMENT 1) Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys; 2) Construction or practices normal or necessary for ongoing farming, irrigation, and ranching activities, including agricultural service roads and maintenance of irrigation structures /utilities, including but not limited to head gates, pumping facilities, and irrigation channels; provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, and /or alteration of the contour of the land by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A "feedlot" shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and /or grazing, nor shall it include normal livestock wintering operations. Construction of a barn or similar agricultural structures shall be reviewed for compliance with buffer requirements; 3) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on July 12, 1994, effective date of this Critical Areas Ordinance, for land not within Shoreline jurisdiction, which were created, developed, or utilized primarily as a part of an agricultural drainage and diking system; 4) Hazardous substance remedial actions, which a consent decree, order or agreed order has been issued pursuant to chapter 70.105D RCW (Model Toxics Control Act) or when the Department of Ecology conducts a remedial action under chapter 70.105D RCW (Model Toxics Control Act). The Department of Ecology shall assure that such projects comply with the substantive requirements of chapter 90.58 RCW (SMA), chapter 173 -26 WAC (SMA Guidelines) and the Shoreline Master Program (YCC Title 16D), when applicable. Time Line for Yakima County / City of Yakima Critical Area Ordinance (CAO) • = Yakima County Process ■ = City of Yakima Process • County receives initial grant for $150,000 for the years of 2003 — 2005, later amended to a total of $249,500. • March 2004, the County Planning Commission begins its public participation process on the goals and policies of their Comprehensive Plan 2015. • January 20, 2005, the County Planning Commission held a public hearing considering draft goals and policies to be included in their Comprehensive Plan 2015. • January 20, 2005 — June 20, 2006, Roundtable sessions were held with eight interest groups including agriculture, development, and environmental interests, in addition to tribal, state and local governments. • October 2006, County completes its review of Best Available Science for inclusion in the CAO. • December 6 - 8, 2006, County Planning Commission holds a public hearing to receive public comments regarding the proposed amendments to the CAO. • December 2006 - February 2007, (7 meetings), the County Planning Commission deliberates and considers the written and oral testimony of the public, agencies, recommendations from staff, and changes proposed by the Commission members. • February 28, 2007, the County Planning Commission voted unanimously to approve its recommendation that the Board of County Commissioners adopt and implement the revised CAO. l „ • March 21, 2007, the County Planning Commission presents their findings to the Y g P g Board of County Commissioners in an advertised study secession. • July 30 — August 1, 2007, Board of County Commissioners holds an open record public hearing regarding the proposed documents. ➢ Approximately August 2007, City of Yakima takes County's Planning Commission's recommendation and starts preliminary edits to the document. • • August 7 - October 16, 2007, (5 meetings) the Board of Yakima County Commissioners deliberates and revise the County Planning Commissions findings. Y September 12, 2007 — October 31, 2007, Regional Planning Commission holds weekly meetings regarding the City of Yakima's draft CAO. October 23, 2007, City Council holds study secession where staff explains the process and approximate time it will take to complete the proposed CAO. ➢ November 26, 2007, City of Yakima issues SEPA Preliminary Determination of Non - Significance and opens the public comment on the draft document. • December 18, 2007, Board of County Commissioners amends Planning Commission recommendation and adopts revised CAO. ➢ January 23, 2008, the Regional Planning Commission holds open record public hearing on the proposed CAO and approves the document subject to specified changes and requests staff prepare the appropriate conclusions, findings, and recommendation. January 30, 2008, the Regional Planning Commission adopts findings of fact and recommends modified CAO to City Council. City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 EXHIBIT LIST City Council Public Hearing February 19, 2008 1 Applicant: City of Yakima File Number: UAZO EC #52 -07 • Site Address: Corporate Boundaries of the City of Yakima Staff Contact: Doug Maples, Code Administration and Planning Manager Jeff Peters, Assistant Planner Table of Contents CHAPTER AA Regional Planning Commission 1 Recommendation CHAPTER A Staff Report CHAPTER B Process Timeline CHAPTER C Comments from Agencies CHAPTER D E -mail Communications 1 CHAPTER E SEPA Review CHAPTER F RPC Agenda and Minutes on Critical Areas 1 • Ordinance (CAO) 1 CHAPTER G Final UAZO CAO CHAPTER H Maps CHAPTER I Public Notices CHAPTER J Yakima County Commissioners Requested Info CHAPTER K Matrix 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 EXHIBIT LIST 1 CHAPTER AA Regional Planning Commission's Recommendation EXHIBIT DOCUMENT DATE 1 AA -1 Regional Planning Commission's Findings of Fact, 1 -30 -08 Conclusions, and Recommendation 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 YAKIMA URBAN AREA REGIONAL PLANNING COMMISSION FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION: 2007 CRITICAL AREAS ORDINANCE (CAO) January 30, 2008 General Critical Areas Findings • The Growth Management Act requires the adoption of development regulations that . protect critical areas designated in accordance with RCW 36.70A.170. RCW 36.70A. requires local governments to give special consideration to the conservation and protection measures necessary to preserve or enhance anadromous fisheries. Critical areas include: wetlands; areas with a critical recharging effect on aquifers used for potable water; frequently flooded areas; geologically hazardous areas; and fish and wildlife habitat conservation areas. Development may result in cumulative impacts to those functions and values of critical ' areas that contribute to and are necessary for a healthy natural environment and perceived quality of life. • 1 The development of residences, businesses, shopping areas and other structures, and the clearin of land for accommodation of livestock and for such development all have the potential of adversely and significantly impacting the functions and values of critical areas. • The unwise development of resource lands or areas susceptible to natural hazards may 1 lead to inefficient use of limited public resources, jeopardize environmental resource functions and values, subject persons and property to unsafe conditions, and affect the perceived quality of life. It is more costly to remedy the loss of critical area functions and values than to conserve and protect them from loss or degradation. 1 DOC. 1 INDEX 1 In determining what critical areas are to be afforded a particular degree of protection 1 within the Yakima Urban Area, the Yakima Urban Area Regional Planning Commission (RPC) has evaluated a wide range of the best science available with respect to the critical areas to make informed decisions that meet the intent of the Growth Management Act and that are also reflective of local needs. The source of this best available science that was evaluated and included in this 1 ordinance is Yakima County's Review of Best Available Science For Inclusion in Critical Areas Ordinance Update, October 2006, together with all appendices and exhibits thereto. Protection standards for one critical area often provide protection for one or more other critical areas. Critical areas may also be protected by other actions by the City and County of Yakima within the Yakima Urban Area such as stormwater management standards, building code regulations, Federal Emergency Management Agency Flood Plain regulations, critical area restoration, and public education; and from other regulations, such as the Forest Practices Act, the Shoreline Management Act, the State Environmental Policy Act, the Clean Water Act, and Model Toxics Control Act. The U.S. Constitution prohibits the taking of private property without just compensation. Wetlands 1 Wetlands and streams are environmentally sensitive and serve numerous natural functions and values. These functions include: wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow; and ground water recharge and discharge. In many situations these functions cannot be adequately replicated or replaced. The scientific literature supports in the inclusion of protective buffers from wetlands to PP provide sediment control and nutrient inputs to wetlands, and to protect important wetland functions. 1 Wetlands are identified and rated according to the Washington State Wetland Identification and Delineation Manual, and Washington State Wetland Rating System Eastern Washington, prepared by the Washington State Department of Ecology (Ecology). 1 The scientific literature reviewed by the RPC supports protective buffers ranging from 25 to 200 feet of relatively intact native vegetation to adequately protect wetland functions and values. Appropriate wetland mitigation ratios — ratios of areas of wetland replacement and enhancement to that altered or destroyed — are established in Wetlands in Washington State — Volume 2: Guidance for Protecting and Managing Wetlands — Appendix 8 -D - § DOC. 1 INDEX # ,AA _ , 1 1 8 -D3 or as revised (Washington State Department of Ecology. Publication number 05- 06 -008 — http: / /www.ecy.wa.gov /programs / sea / bas _wetlands /volume2final.html). Critical Aquifer Recharge Areas WAC 365- 190 -080 defines well head protection areas, sole source aquifers, special protection areas, and other areas that are susceptible or vulnerable to ground water contamination as areas with a critical recharging effect on aquifers used for potable water • (also referred to as critical aquifer recharge areas). 1 Potable water is an essential life- sustaining element. ' Much of the drinking water for the Yakima Urban Area comes from groundwater supplies. • Once ground water is contaminated it is difficult, costly, and sometimes impossible to clean up. Preventing groundwater contamination is necessary to avoid exorbitant costs, hardships, and potential physical harm to people. 1 Guidance Document for Establishment of Critical Aquifer Recharge Area Ordinances, (Publication #97 -30), by Ecology, 2000, includes scientific recommendations for protecting groundwater, including limiting certain uses and the intensity of development in critical aquifer recharge areas. Frequently Flooded Areas 1 Flood hazard areas are subject to periodic inundation that results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the 1 tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by development in areas prone to inundation that increase 1 flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss. • Flood lain and stream connectivity are major elements in maintaining healthy riparian P Y major maintaining Y habitat and off - channel habitats for the survival of fish species and conveyance of floodwaters. If river, floodplains and other systems are not viewed holistically as biological, geomorphological units, this can lead to serious degradation of habitat and 1 • increase flood hazards, which, in turn, can contribute to listing of various fish species as threatened or endangered and result in extraordinary public expenditures for flood protection and relief. • 1 DOC. INDEX 1 3 # AA — ! • 1 Frequently flooded areas,.including the 100 -year floodplain and the floodway, are 1 commonly mapped on flood insurance maps, often known as Flood Insurance Rate Maps, or FIRMS. 1 Geologically Hazardous Areas Geologically hazardous areas are subject to periodic geological events that results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. Geologic hazards may be exacerbated by development and human activity in sensitive areas, and impacts resulting from geologic hazards may be reduced by limiting development and human activity within or adjacent to the geologic hazard. Some geologic hazards -may be intensified during periods of consistent or heavy rainfall 1 that results in ground saturation or surface water drainage flows. Fish and Wildlife Habitat Conservation Areas 1 Fish and wildlife habitat conservation areas perform many important physical and biological functions that benefit the Yakima Urban Area and its residents, including but not limited to: maintaining species diversity and genetic diversity; providing opportunities for food, cover, nesting, breeding and movement for fish and wildlife; serving as areas for recreation, education and scientific study and aesthetic appreciation; helping to maintain air and water quality; controlling erosion; and providing • neighborhood separation and visual diversity within urban areas. Wetlands and streams are environmentally sensitive and serve numerous natural i functions and values. These functions include wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow;, and ground water recharge and discharge. In many situations these functions cannot be adequately replicated or replaced. The scientific literature supports in the inclusion of protective buffers from streams to , provide sediment control, nutrient inputs to downstream waters, large woody debris, and other functions important to riparian areas. The Washington Department of Fish and Wildlife (WDFW) has prepared management recommendations for the preservation of priority habitat and species, which are based on the best available science, and include, in some instances, recommended protective buffer distances. Salmonid and anadromous fish may be more impacted by development and human activity during some times than others. Such times are referred to as "fish windows," which have been documented by WDFW. i DOC. 1 INDEX 1 _ 1 The City of Yakima has classified watercourses within its jurisdiction according to five stream- typing systems based on flow.regime, and perennial, intermittent and ephemeral status. WAC 365- 190 - 080(5) grants flexibility to make decisions in the context of local circumstances, and specifically excuses local jurisdictions from being required to protect "all individuals of all species at all time." In accordance with the Washington Growth Management Act, Ch. 36.70A RCW, the City of Yakima adopted an updated Urban Area Comprehensive Plan in December 2006, • known as Plan 2025, which contains goals and policies to protect critical areas. This ' document provides policy guidance on land use, development regulations and service issues within the Yakima Urban Area. This CAO is in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025 which require that cities and counties adopt development regulations that are consistent with and implement comprehensive plans. Following review and completion of the Yakima County Planning Commission's 1 proposed draft CAO, the City of Yakima initiated review of the proposed document on September 12, 2007, holding its first Yakima Urban Area Regional Planning Commission workshop on the document. During the fall and winter of 2007, the RPC continued to hold televised open public workshops on the CAO on a near - weekly basis. During these • workshops, the RPC reviewed and edited the draft CAO to reflect needs specific to the Yakima Urban Area, clarify ambiguity, and address public and agency comments. In addition to the RPC workshop meetings, at which the RPC was available to accept public comment both orally and in writing, the City of Yakima received four comment letters during a twenty (20) day public comment period on the CAO. Comments were received from the following agencies: Yakima County; Ecology, including Ecology's FEMA division; and the Washington State Department of Community, Trade and Economic Development. • ' In accordance with Ch. 197 -11 WAC and Ch. 6.88 YMC, the City of Yakima issued pursuant to the State Environmental Policy Act (SEPA) a preliminary determination of non - significance and notice of incorporation by reference of existing environmental ' documents regarding the environmental review of the proposed CAO on November 26, 2007. The City expects to issue a SEPA final determination of non - significance for the proposed ordinance following final review by the RPC. A ublic hearin g of the RPC was noticed in a local newspaper of record on January 11, P 2008, and said hearing occurred on January 23, 2008. Five interested persons appeared at the hearing and four persons commented to the RPC regarding the CAO. The RPC deliberated on suggested edits and reached consensus to amend the CAO to address most of the comments received. The RPC directed City staff to complete a final version of the draft CAO. Other forms of public notice were provided in the following manner: DOC. INDEX 5 # AA 1 1 1. A general mailing to interested parties — January 1 2008; 2. Posting on the City of Yakima's web site — January 11, 2008; 1 3. Announcements on the City of Yakima's public affairs television channel (YPAC) of scheduled public hearings — January 11, 2008; 4. Press releases to the local media — January 11, 2008; and 1 5. Posting of information at the offices of the City of Yakima Code Administration and Planning Division and Yakima City Clerk, in addition to locations designated by the Yakima City Clerk — January 11, 2008. Conclusions 1 1. The 2007 Urban Area Critical Areas Ordinance addresses and is consistent with the requirements of the Growth Management Act, Ch. 36.70A RCW (GMA). 2. For the 2007 Urban Area Critical Areas Ordinance the City. and County of Yakima are using best available information to map critical area resources within the Yakima Urban Area consistent with the best available science requirements in GMA to designate and protect critical areas. 1 3. For the 2007 Urban Area Critical Areas Ordinance the City and County of Yakima are implementing policies for protection of critical areas that are 1 consistent with best available science identified in the best available science source papers and during the SEPA analysis referred to above. 4. The 2007 Urban Area Critical Areas Ordinance resents no probable significant P P g adverse environmental impacts, as reflected in the City's SEPA determinations issued to date. 5. The 2007 Urban Area Critical Areas Ordinance is consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan 2025. 6. The City followed procedural requirements of the GMA to notify and advertise the 2007 Urban Area Critical Areas Ordinance to the public and to interested agencies and all oral and written comments received during all respective processes have been considered. ■. 1 DOC. 1 INDEX 6 #AA 1 1 Recommendation The Yakima Urban Area Regional Planning Commission recommends that the Yakima City Council and the Yakima County Board of County Commissioners adopt the 2007 Yakima Urban Area Critical Areas Ordinance as set forth with 1 revision date of January 29, 2008. Motion Based upon the findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the 2007 Urban Area 1 Critical Areas Ordinance. The motion was carried by a unanimous vote. ' John Hodkinson, Acting Chair Date Regional Planning Commission .1 1 1 1 1 1 1 1 DOC. 7 INDEX 1 # AA _ i 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 EXHIBIT LIST CHAPTER A 1 Staff Report 1 EXHIBIT DOCUMENT DATE A -1 Staff Report 01 -23 -08 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Yakima, Washington Department of Community & Economic Development Planning Division — Staff Report January 23, 2008 I City of Yakima ) Staff Report 2007 Critical Areas Ordinance Update ) Washington State Mandated Update I Staff Contact: Doug Maples ) Jeff Peters Code Administration and Planning Manager ) Assistant Planner (509) 576 -6126 ,) (509) 575 -6163 1 SUMMARY OF RECOMMENDATION I Staff recommends a recommendation of approval to the joint Elected Officials for the City and County regarding the 2007 Critical Areas Ordinance Update. I The matters contained in the proposed 2007 Critical Areas Ordinance, comments, and a review of both the Yakima Urban Area Comprehensive Plan, staff makes the following: 1 FINDINGS Applicant: . City of Yakima 129 North Second Street • I Yakima, WA 98901 Location: Entire City and Urban Growth Area (UGA) . I Parcel Numbers: Entire UGA 1 Application: Washington State Mandatory Update pursuant to State Statute RCW 36.70.060(2) and 36.70.172(1) and WAC 365 -195 -900 through 925 and WAC 365- 195 - 825(2) AND RCW 36.70A.060(3). I Background In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington, . Growth Management Act, the City of Yakima adopted an updated Urban Area Comprehensive 1 Plan in December 2006, Plan 2025, which contains goals and policies toprotect critical areas and natural resource lands. This document provides policy guidance on land use, development regulations and service issues within the City of Yakima's Urban Growth Area. In accordance with RCW 36.70A.040 and the goals and policies of Plari 2025 which requires that cities and - . counties development regulations to be consistent with their comprehensive plans (Yakima's Plan 2025) the City is proposing to update its Critical Areas Ordinance. 1 DOC. 2007 Critical Areas Ordinance Update $NDEX Mandated by Washington State - 1 1 Over the past four years the City of Yakima and most if not all of the other various jurisdictions within Yakima County have been working jointly with Yakima County to create a regional CAO. Following review and completion of the Yakima County Planning Commissions proposed draft CAO; the City of Yakima initiated review of the proposed document on September 12, 2007, holding its first Regional Planning Commission (RPC) workshop on Chapters 1 -2 of the document. The following is a chronological list of the City of Yakima's public participation /ordinance review for its 2007 Critical Areas Ordinance Update. 1 REGIONAL PLANNING COMMISSION (RPC)) RPC workshop meetings to discuss the CAO update occurred during the months of September, October and November 2007. September 12, 2007 _ Part One General Provision There were some suggested modifications to this section requested. 1 Part Two Definitions All of the definitions were reviewed with some added and others modified to provide additional 1 understanding. September 19, 2007 1 Continuation of Part Two Definitions Part Three Application and Review Procedures The application and review procedures were reviewed extensively due to the many changes made as the application process for the city is much different then the county process. September 26, 2007 Continuation of Part Three Application and Review Procedures Part Seven Geologically Hazardous Areas The City of Yakima has a minimal amount of land designated as Geologically Hazardous for regulation by the CAO in the City's Urban Growth Area that is designated and regulated by the CAO. Therefore, little if any modifications were made to this regulation. Enforcement and Violations It was recommended to the RPC that this portion of the CAO be removed and use Chapter 15.25 of the UAZO Enforcement and Violation regulation instead. 1 October 3, 2007 Part Five Fish and Wildlife Habitat and the Stream Corridor System There were several comments from RPC members and county staff that provided modifications to the regulations addressing this topic. DOC. 2 2007 Critical Areas Ordinance Update INDEX Mandated by Washington State - 1 1 1 October 10, 2007 Continuation of Part Five Fish and Wildlife Habitat and the Stream. Corridor System • Part Six Wetlands • Since this portion of the regulations has some of the most controversial components such as I buffers, the RPC reviewed this section and made some minor revisions but no changes were made to any of the buffer sizes. 1 October 17, 2007 Part Four Flood Hazard Areas • ' The RPC reviewed the regulations with city and county staff making several corrective changes which if incorporated would meet FEMA standards, as was indicated in the comment letter from CTED. October 24, 2007 . Continuation of Part Four Part Four Flood Hazard Areas October 31, 2007 Part Eight Critical Aquifer Recharge Areas ' The RPC considered the regulations in this portion of the CAO and felt it was important to not make and text changes but to use the "Wellhead Protection Zone" mapping provided by the Water and Irrigation Division as the area the regulation would apply. • Non - Conforming Uses and Facilities It was recommended to the RPC that this portion of the CAO be removed and use Chapter 15.19 of the UAZO Non - Conforming Uses and Facilities regulation instead. Other areas of Concern The RPC reviewed some of the suggested changes by City and County staff from previous secessions. • 1 November 28, 2007 Discussion of Mount Vernon's Ordinance and buffer requirements The RPC was given a copy of Mount Vernon's CAO and was asked if they would support I • flexible buffers based upon mitigation fees used for wetland banking. It was explained that this would be an addendum to the proposed CAO following adoption. 1 OTHER WRITTEN COMMENTS RECEIVED The City of Yakima Code Administration and Planning Division received four comment letters 1 during the 20 day public comment period from the following agencies: 1. Yakima County Planning Division, 2. Washington State Department of Ecology (WSDOE), 3. WSDOE FEMA division, and 4. Washington State Community Trade Economic Department (CTED). DOC. 3 2007 Critical Areas Ordinance Update INDEX Mandated by Washington State 1 (See correspondence included in hearing packet and CAO Public Comment matrix) 1 CRITERIA FOR ADOPTION The city must provide development regulations for five separate natural environmental sensitive critical areas. They are as follows: 1) Flood Hazard Areas 1 2) Fish and Wildlife Habitat and the Stream Corridor System 3) Geologically Hazardous Areas 4) Wetlands 1 5) Critical Aquifer Recharge Areas (CARA) 1 ENVIRONMENTAL REVIEW (SEPA) In accordance with WAC 197 -11 -635, 340(2), and YMC 6.88 the City of Yakima issued a preliminary determination of non - significance and notice of incorporation by reference of existing environmental documents regarding the environmental review of the proposed update of its existing CAO on November 26, 2007. The City expects to issue a final determination of non- significance for the proposed ordinance following final review by the RPC: The following documents are proposed to be incorporated by reference: 1 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document as originally intended is to update Development Regulations and Final Environmental Impact Statement (FEIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science. 1 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 1 Description: The purpose of the above report is to meet state requirements to include best available science (BAS) in development of policies and regulations to protect critical areas. Changes in state law direct the County and/or City to document the best available science it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. 1 DOC. INDEX 4 2007 Critical Areas Ordinance Update A - I Mandated by Washington State 1 1 PUBLIC NOTICE The Regional Planning Commission public hearing was noticed in the local paper on January .' 11, 2008. The Yakima City Council set the public hearing date for January 23, 2008, with the Joint City County elected officials. Other notices and meetings were provided for in the following manner: 1 1. A general mailing to interested parties — January 11, 2008 2. Posting on the city of Yakima's web site — January 11, 2008 ' 3. Announcements on Yakima public affairs channel (YPAC) of scheduled public hearings = January 11, 2008 4. Press releases to the local media — January 11, 2008 ' 5. Posting of information at the code administration and planning division and city clerk's offices, in addition to other city clerk designated locations — January 11, 2008 1 CONCLUSIONS 1 1. The City has met the requirement to provide development regulations that address the five state identified categories. • 2. The update is consistent with the goals and policies of the Yakima Urban Area Comprehensive 3. The proposed ordinance Plan 2025. meets the requirements of the Revised Code of Washington (RCW) 36.70.060(2), 36.70.172(1), and 36.70A.060(3), WAC 365 195 - 900 through 925 1 and WAC 365-195-825(2) and the Washington Growth Management Act. 4. A State Environmental Policy Act (SEPA) Preliminary Determination of Non- 111 Significance and Incorporation by Reference issued on November 26, 2007 and a Final Determination of Non - significance is expected to be issued following this public hearing which will address any potentially significant impacts. 1 . RECOMMENDATION The Code Administration and Planning Division recommends that the Regional Planning 1 Commission approve the draft CAO and recommend approval to the Joint City /County elected officials regarding the 2007 Critical Areas Ordinance update. 1 1 DOC. INDEX 1 # A -1 5 2007 Critical Areas Ordinance Update Mandated by Washington State 1 1 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) 1 UAZO EC #52 -07 ' EXHIBIT LIST CHAPTER B 1 Process Timeline EXHIBIT DOCUMENT DATE 1 B -1 Process Timeline (Why, How, When document) 1 -23 -08 1 1 1 1 1 1 1 1 1 1 _ 1 1 1 ' City of Yakima ' Critical Areas Ordinance Update Community & Economic Development Department ' Code Administration and Planning Division January 23, 2008 ' Process (Why, How & When) ' *Growth Management Act (GMA) The Yakima's Comprehensive Plan must be consistent with the requirements of the ' GMA, adopted in 1990 and since amended. The GMA requires counties and cities meeting certain population and growth criteria to adopt and maintain comprehensive plans with updates ever seven years. Among other requirements, plans must ensure that projected growth in urban areas be accommodated through a range of urban densities, that capital facilities keep pace with the growth, and that critical environmental areas be protected. Once the plan is completed, the City is obligated to ensure all development regulations are consistent with the plans policies and goals. Plan Framework ' The Yakima Urban Area Comprehensive Plan 2025, that was completely updated in • December 2006 and adopted by the City of Yakima and Yakima County, provides guidance to the UGA on land use, development regulations and service issues. The development regulations must be consistent with Yakima's Plan 2025 so development will meet the unique needs of the community, which will have a long lasting effect into the future of the City of Yakima. 1 Therefore, Washington State required local governments planning under the GMA to update the Comprehensive Plan along with the Critical Areas Ordinance (CAO). City of Yakima's Plan During the development of the City of Yakima's Yakima Urban Area Comprehensive ' Plan 2025, the development process used goals such as: (1) strong, visionary guidance, (2) managed growth and natural resources, (3) safe and effective transportation systems, (4) economic health, (5) strong insight of the community, and (6) balanced resources and . community needs. Yakima Urban Area Zoning Ordinance ' Under state law, the Yakima Urban Area Comprehensive Plan 2025 must be used as a guidance document when • updating related City development regulation standards contained in the Yakima Municipal Code (YMC). Chapter 15 of the YMC contains the Yakima Urban Area Zoning Ordinance. Within the Yakima Urban Area Zoning Ordinance is Chapter 15.27 Critical Areas Ordinance, which is mandated by Washington ' DOC. INDEX 1 1 State law to be updated by December 1, 2007. If the City does not comply with state law, then the State considers the City out of compliance. State GMA Requirement to Update the Critical Areas Ordinance If the City of Yakima does not complete the Critical Areas Ordinance update by December 1, 2007 or the state does not approve update then the state may invoke sanctions on the City such as and depending upon the severity of the sanction: • RCW 36.70A.340 provides the noncompliance sanctions: o Motor vehicle fuel tax 1 o Transportation improvement account o Urban Arterial trust account o Rural Arterial trust account 1 o Sales and use tax o Liquor profit tax o Liquor excise tax o Real estate excise tax collection • RCW 36.70A.130 provides some indirect consequences for noncompliance: o Ineligibility for Public Trust Works Trust Funds 1 o Ineligibility for Centennial Clean Water Fund o Loss of preference in other competitive state grants, pledges and loans per RCW 43.155.050. o Transportation planning loans and grants For the reasons mentioned above, staff has been aggressively moving through the Critical 1 Areas Ordinance (CAO) update with the Regional Planning Commission (RPC). Staff has provided a possible timeline to review the necessary steps needed to complete this update. • November 16, 2007 Public Comment Opens • December 7, 2008 Public Comment Closed • January 15, 2008 Set date City Council agenda item for a Feb. 19, 2008 public hearing on the RPC recommendation on the CAO to the Joint City /County elected officials 1 • January 23, 2008 Regional Planning Commission's CAO Public Hearing which include any and all comments received during the 20 1 day comment period • January 30, 2008 City Clerk publishes the 20 day public hearing notice on or 1 before January 30, 2008 • January 30, 2008 RPC Findings of Fact on the CAO update and Recommendation to the Joint City /County elected officials. DOC. 2 INDEX # I 1 • 1 • February 19, 2008 Joint City /County Elected Officials Public Hearing on 1 CAO update, which include any and all comments received during the 20 day comment period, any and all comments received at the RPC public hearing and the RPC's recommendation • March 4, 2008 City Council reviews the CAO update legislation with the intent to approve the CAO based on the Findings of Fact and any public testimony or written correspondence 1 • March 7, 2008 CAO update is published in the paper pursuant to the City Clerk's requirements 1 • March 10, 2008 City Yakima sends adopted CAO and Findings of Fact to • CTED (within 10 days after adoption requirement) 1 • April 7, 2008 CAO update is becomes effective and implemented 1 • April 7 2008 City is eligible to submit for: o Public Trust Works Trust Funds o Centennial Clean Water Fund 1 o Other competitive state grants, pledges and loans per RCW 43.155.050. o Transportation planning loans and grants 1 1 1 1 1 1 1 DOC. 1 INDEX 3 • # 8-1 1 1 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 1 EXHIBIT LIST CHAPTER C 1 Comments from Agencies 1 EXHIBIT DOCUMENT DATE C -1 Comment Letter from Charles L. Steele, Washington State 11 -09 -07 Department of Ecology C -2 E -mail Comment from Charles L. Steele, Washington State 11 -08 -07 1 C -3 Department of Ecology Comment Let Letter from Lynn Kohn, Department of 11 -20 -07 Community, Trade, and Economic Development C -4 Comment Letter from Lynn Kohn, Department of 12 -17 -07 Community, Trade, and Economic Development C -5 Comment Letter from Gwen Clear, Department of Ecology 12 -17 -07 C -6 Comment Letter from Dean Patterson, Yakima County C -7 Comment Letter from Lynn Kohn, Department of 01 -04 -08 Community, Trade, and Economic Development 1 1 1 1 1 1 1 1 ��w.TATE.o� CIT, ,- YAKIMA CODE :11N. DIVISION 0 9 7008 ❑RED FAXEDE STATE OF WASHINGTON ❑PAID DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 128 - 10 "' Avenue SW o PO Box 42525 c Olympia, Washington 98504 -2525 d (360) 725 -4000 January 4, 2008 1 1 Mr. Doug Maples 129 North Second Street Yakima, Washington 98901 :P RE Proposed amendments to its critical areas ordinance Dear Mr. Maples: Thank you for sending the Washington State Department of Community, Trade and Economic Development (CTED) the proposed amendments to the City of Yakima's critical areas ordinance (CAO) that we received on November 16, 2007. We recognize the substantial investment of time, energy, and resources that these documents represent. When cities and counties work with citizens to discuss their priorities for the future, they must balance important considerations —using land wisely, providing the foundation for economic vitality, and protecting environmental and natural resources. In crafting your comprehensive plan and development regulations to meet the unique needs of your community, you, along with other local governments planning under the Growth Management Act, have made important and long- lasting choices. These choices can sustain the quality of life that makes Washington a remarkable place to live and create the predictability needed for economic investment. We especially like the following: I • That you have been working, with the Department of Ecology to incorporate language appropriate for urban area buffers in wetland areas. • That you had the floodplain information in your CAO reviewed to meet Federal Emergency 1 Management Agency standards prior to submitting your draft CAO for review. s You included a section on recreational vehicles under specific standards in the flood hazard protection standards. This makes good sense. • You have made changes to your CAO that have satisfied our earlier concerns (see emails sent on December 17, 20, and 27 of 2007 and January 2, 2008). 1 DOC. INDEX 1 # c -� 1 Mr. Doug Maples January 4, 2008 Page 2 Congratulations to you and your staff for the good work these amendments embody. If you have any questions or concerns about our comments or any other growth management issues, please call me at (360) 725 -3042. We extend our continued support to the City of Yakima in achieving the goals of growth management. Sincerely, Lynn Kohn 1 Growth Management Planner Growth Management Services LK:Iw cc: Jeff Peters, Assistant Planner, City of Yakima 1 Leonard Bauer, AICP, Managing Director, Growth Management Services, CTED David Andersen, AICP, Plan Review and Technical Assistance Manager, Growth Management Services, CTED 1 1 1 1 1 1 DOC. 1 INDEX 1 1 1 Yakima County Comments on the proposed City of Yakima Critical Areas Ordinance 1 Prepared by Dean Patterson Below are Yakima County's comments to the City of Yakima's proposed Critical Areas Ordinance. These comments are based on the County's CAO, which we have been developing and are nearly finished with adoption. Our ordinance was constructed and designed very carefully to accomplish specific things, and meet very specific requirements. There are many relationships between the different sections that were 1 carefully crafted. The City based its CAO on the County's version. In the process, the City made changes to try to customize the document to City situations and preferences. My review is largely intended to look for problems caused by such edits. Just as pulling too many threads out of a sweater, or pulling out an important thread will cause major parts to fall off. Changing too many things in the County's CAO will have similar unintended consequences by disconnecting relationships or changing something that has to 1 be a specific way for a reason. The comments below attempt to describe the problems with certain changes. Some are very important, while others are good ideas to consider for specific reasons. I tried to include the specific reason for most comments, though some were simply typographic or grammatical comments. If you have questions on these comments, please contact me at 574 -2230. ' Comments on Parts 1 and 2. 15.27.130 List in the middle mixes semi - colons and comas. This section should refer to the other purpose and intent sections in other parts that cover the different critical areas. Subsection (1c), as it is written, implies that continued degradation is OK if someone says so. But that whole situation is undefined for who and how. You need to be very careful about saying something like this. I recommend putting it back to the County's language. 15.27.140 Subsection 1(a2) should use the historic adoption dates for the Cities CAO and flood hazard ordinance — not the County's dates. Subsections 1(a3 thru 5) should not be under (a), but rather 1 should be Subsection 1(b, c, and d). 15.27.200 This introductory section has two subsections. As (2) is written, you no longer need (1). Subsection (2) should be clarified to read: "... shall be applied to THE REGULATIONS, REVIEW, AND ADMINISTRATION OF all critical areas ... ". This will clarify that the definitions only apply to critical area issues. 15.27.106 Normal Appurtancences needs to be relocated /renumbered alphabetically. ' 15.27.269, 270, & 271 These definitions apply to FEMA laws. They have been modified to related more to zoning usage. In the County ordinance, New Construction related to construction after 1 the date of adopting the first FEMA regulations, which had to do with vesting. The definition now means something very different. You should get specific confirmation from the DOE flood program to confirm that this is OK. The same applies to Non - Conforming Structures and Non - Conforming Uses. In the 1 County ordinance, they related more to a date for grandfathered status based on the first FEMA regs rather than on the zoning ordinance. 15.27.278, & 279 The original County ordinance only had a definition for Restore, rather than Restore and Restoration. The proposed Restoration definition was derived from a sentence in our Restore definition. The current wording of Restoration has some odd grammar that makes it unclear what it means. I recommend deleting the text between "Restoration" and "does not imply ... ". Then the ' remaining sentence should simply be attached to the end of the definition for Restore. DOC. INDEX 1 15.27.284 "...amended 1982 Shoreline Master Program (definitions)." should be amended to read 1 "...current Shoreline Master Program." Then its not dependent of an SMP of a particular date. 15.27.294 Substantial Improvement was dramatically reduced in size. A major paragraph was 1 deleted that says the CUMULATIVE IMPROVEMENTS over time are included in the 50% threshold. This is important because improvements less than 50% don't have to meet some important safety laws. As written, an existing structure can do one expansion of less than 50% after another to avoid meeting the flood safety laws. This needs to be fixed. Consult with the DOE flood program if you need to. 15.27.295 The definition of Use has been limited by reference to the zoning district. But the use in the ordinance is more general. There are lots of existing uses that may not be allowed in the zoning Z district. In fact the term non - conforming use uses the word "use" but it means the opposite of the current definition for Use. I recommend using the original County version. 15.27.299 Wildlife edit: ... but IS not limited too... 1 15.27.299A Wildlife Habitat edit: ... and area WHICH, because of climate ... AND ... physical properties, has been ... 1 Comments on Part 3 Below are my previous e- mailed comments on Chapter 3 - Application and Review, with some modifications. I have changed the numbers to match the new numbering system and made some minor edits related to changes since the last version of the ordinance. Many of the items my comments were on have been accepted, but others have not. I will assume this is because changes were made by the RPC, and staff was not comfortable with comments that changed specific direction from the RPC. I have included my original comments so the RPC or decision makers can see the reasoning for the recommended changes. I removed the comments for items that were accepted. 15.27.300(5b) The last sentence says that for any project, you can accept any other permit from another agency (regardless of type or subject) and then waive the CAO. This one sentence completely 1 undoes the whole CAO, and needs to be removed. The point of (B) is to allow the AO to incorporate CAO review into another review that the AO has some say in. 15.27.301(1) Need to drop the work "nonexempt" because exempt reviews also need a review (see the review process section) to check that the project conforms to the standards (it only exempt from the permit process). Otherwise it would need an Adjustment. The County's original language did include a couple of exclusions to this provision so that the Minor Activities Allowed Without Permit or Exemption didn't have to follow this rule. My previous comments addressed this point. 15.27.301(2) Edit: ... Identification Form AND site plan, the ... 15.27.302 Pre - Application Conference. The mandatory pre - application meeting was changed to non - mandatory. For actually administering the CAO, a mandatory meeting is possibly the most important step in the process. It ensures that the applicant be aware of the issues before submittal, and allows staff to confirm the presence of critical areas in a site visit. It should be kept. 15.27.303 Given that the list of items describes things that can be done without a review, and that these types of items can be very similar to things that DO need review, its important to be very clear about them. There are several deletions from the County version that take away the clarity. Examples are: the deleted subsection that covers cutting down trees and shrubs etc., references that say the activity may not be covered here but may be allowed with an exemption review, the clarification about expanding canals /ditches etc.. These clarifications are important for both applicants and staff. DOC. INDEX 1 15.27.304(subsections) A subsection was dropped that talks about conditions to ensure compliance with the standards. It is important because many projects that may be exempt can reasonably be expected to have trouble meeting certain standards. The conditioning ability helps ensure that measures to stay in conformance are used. 15.27.304(8) This is a very important subsection. The changes to this subsection dropped the reference to what the exemption.is from, which is the Standard Development Permit process. This means that even if its exempt from the Standard permit, BUT it can't meet a standard, its NOT exempt from the Adjustment permit process. The proposed text also dropped specificity about permits required under different ordinance Parts (formerly chapters) for different critical areas. Each critical area is designated in its own Part. That is why the references to those Parts is needed. The specificity also make it clear that something may be exempt from the HRCA, but not from the GeoHazards, etc,. This may sound esoteric, but it is possibly the MOST COMMON situation. ALL THE DELETED TEXT NEEDS TO BE PUT BACK IN!!! 15.27.305 The same argument noted above about what the exemption is from applies in this section too. There are many deletions in this section. It is based on Shoreline exemptions. We used them because there were no exemptions for GMA, but we also wanted to be able to use the same exemptions for both shoreline areas and non- shoreline areas. If you change them for your CAO, you won't be able to use them for you SMP later. The Shoreline WACs are very specific about the exemptions. If you want to be able to use them for your SMP, you should put them back to the original County text. In addition: the exemption for small projects less than $5000 is missing; the exemption for ag /ranching /irrigation is missing (I know there is still such activities happening in the city); the exemption for navigation aids is missing; and the exemption for dikes and drains has been deleted. Emergency exemptions, sub (e) has a grammar problem. The Fish and Wildlife Habitat exemption has been greatly expanded by the deletion in the first sentence. The way its worded now, a WalMart or other use can say they are doing a little habitat work and get an exemption for their whole project. The hazard tree exemption had the limits deleted, so that now it can be read to allow buffer clearing with little �. consideration. 15.27.306 The same argument noted above about what the exemption is from applies in this section too. 15.27.XXX Exemptions for Habitats of Local Importance should be added back in. They are required by the GHB case law. 15.27.312 In the conditioning authority, the authority for conditions to ensure compliance with • development standards was deleted. This is another major link that needs to be put back in. You have to 1 be able to condition to meet development standards. This could be done by editing (1) to accomplish the purpose and intent, AND MEET THE DEVELOPMENT STANDARDS of this chapter. 15.27.314(10) The section that requires a description of how impacts or risks are avoided or minimized was deleted. This is the heart of Mitigation Sequencing found in - .03.08. If you don't require it in the report, how do you make sure its done? That section needs to be put back in. 1 15.27.314(13a(iv)) Should be: ... goals and OBJECTIVES 15.27.314(13d) The sentence structure was changed so the subjects and objects of the sentence 1 are different from the original text. It's the Goals and OBJECTIVES that need to be attained. Edit: "...criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained." 1 15.27.03.316(2) The opening sentence talks about Level 1/2 review, but the next sentence goes on to.add Level 3 review. I would recommend adding Level 1/2/3 at the front. DOC. INDEX # 1 1 15.27.317(1) The second.sentence talks about constraints precluding conformance with 1 setbacks and buffers. The original text that included other development standards was deleted. However, all the other standards could also be adjusted. The text needs to be put back in. 15.27.317 (3c)_ The text changes also changed the scope of the section, by deleting the "including but not limited to" phrase. It now limits the alternative measures to ONLY the list, yet the list is far short of • the range of options that was intended. Furthermore, removing man -made facilities limited the options further. Consequently, list of items that can be used to compensate for the adjusted buffer or other standard is limited and applicants will have fewer alternatives they can do to get the adjustment. 15.27.319 The section on Minor Revisions has extensive deletions and additions. We based the section on the SMA revision provisions. If the City wants to use similar provisions for its SMP, these changes will not be acceptable and you should change them back to the original text. (1 bib) should refer to "this chapter" rather than "these regulations." (1 bii) should drop the text about consistent with the SMP. (1 biii) had the subject and object of the sentence changed (thus changing the meaning of the sentence). The USE should not be changed. It should be put back to the original. (2) should keep the need to notify previous parties of record, though a better word may be simply to INFORM them. 15.27.321 Last sentence of the section has an extra closed parenthesis mark after Veg. Buffers that should be removed. 1 Comments on Part 5 15.27.500 The statement about No- Net -Loss of wetlands was deleted from the Purpose and Intent 1 list. This is an explicit state requirement in addition to a general critical area requirement. 15.27.501 The protection approach doesn't provide much discussion of the different types of fish and wildlife habitat. Consequently, its more difficult to demonstrate that the ordinance has taken them into consideration. The County version provides documentation of how habitat is addressed to demonstrate that it was considered. It also helps staff and the public understand how the CAO protects the different habitat elements. The section should be beefed up, or you may want to rethink the use of protection approaches for each critical area. 15.27.502 The list of HRCAs should numbered as below, and text edits made as noted. Note that the text below includes perennial and intermittent stream, but excludes ephemeral streams, which are the Type -5 streams. It also limits the lakes and ponds to the ones designated under (2), meaning those on a Type -5 stream are not regulated. It also references a specific size of buffer using the buffer tables (the proposed text does not). 1) Any floodway and floodplain ... (as in text) 2) Perennial and intermittent streams, excluding ephemeral streams, including the stream main channel and all secondary channels within the Ordinary High Water Mark; 1 3) Naturally occurring ponds under twenty acres and their submerged aquatic beds; and man- made lakes and ponds created within a stream channel designated under (2) above; 4) All wetlands ... (as in text); 1 5) Where specifically cited, any flood -prone area ... (as in text); 6) A buffer area extending on a horizontal plane from the ordinary high water mark of a stream channel, lake, or pond, designated in this section or from the edge of a wetland designated in this section according to the distances set forth in Section 16C.06.16 (Vegetative Buffers); 15.27.503 Header should read Habitats of Local Importance. The Section needs restructuring as 1 follows. The first paragraph should be an intro paragraph. The second paragraph should be subsection (1). You can put a header of Designation on it if you like. Subsections (a — c) would be placed under (1). DOC. 1 INDEX # C -(4 1 The free paragraph after (c) should be subsection (2), as follows, with the development standard placed under it: • ' (2) Development Standards. Projects located within Habitats of Local Importance, as designated in subsection (1) above, shall meet the standards below, rather than the development standards in 16C.06.10 through 16C.06.23 (substitute the correct citations] for Hydrologically Related Critical Areas, unless review is also needed for a Hydrologically Related Critical Ares. (This turns off the requirement for a non -hydro • Habitat of Local Importance to meet those standards, and use the one below instead.] (a) Projects shall be designed using management recommendations adopted for the Habitat of Local Importance by the County or City. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from the agencies with expertise. 15.27.504 Functional properties for Streams is missing one of the most important functions, which is the Biogeochemical ones. That should be replaced into the list. The last sentence in item (6) talks about offsetting the reduction in buffer by establishing a very small lot (my best guess on what the statement means). This would actually cause more impacts to the critical area, not offset the reduction, and is contrary to BAS and the principle of Mitigation. The original county text should be used which talks about doing things to replace the functions lost by the reduction. 1 15.27.505 The last sentence in item (1) should read: Wetlands associated with Type -1 streams are not included. Item (6a) edit: ...the lake or pond receives water FROM. 15.27.508 The note in the prohibited uses list seems to attempt to establish an exemption. This is 1 the wrong place for it and it should be deleted here. 15.27.509(6) This should be the last item (e) under subsection (5). 15.27.509(14) Delete 'Required' so that there is not the implication that there is something called "required maintenance ". • 15.27.515(11) The road standard 'about floodways added the provision "... unless an engineer can demonstrate another appropriate method." This doesn't negate the flood hazard requirement. This section just referred to it to remind people that it also has to be met. 1 15.27.517(5) Shore Stabilization edit: "... continuous maintenance, AND which ..." 15.27.517(6) The edits changed the subject of the text from specific techniques to the Alternative 1 Preferences. The text should be: Alternative Preferences. Vegetation, berms, bioengineering techniques, and other nonstructural alternatives which preserve the natural character of the shore shall be preferred over riprap, concrete 1 revetments, bulkheads, breakwaters, and other structural stabilization. Riprap using rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters, and other structural stabilization. 15.27.518(1) The original County text allowed dredging for maintenance OR CONSTRUCTION OF WATER DEPENDANT USES. The proposed text drops the text above in all caps so that any maintenance can be used as a justification for dredging. This is radically counter to intent and needs to be changed back. . • 15.27.519(8) The parenthetical phrase should be changed to "(compensatory storage) ", which is the more accurate term. DOC. INDEX • 1 1 15.27.521 Items 7 & 8 should be combined. 8 should be added to the end of 7. They are really talking about the same thing in a hierarchical way. Coments on Part 6 15.27.600 The statement about No- Net -Loss of wetlands was deleted from the Purpose and Intent of the Streams section. It needs to be either replaced there or placed here. This is an explicit state requirement in addition to a general critical area requirement. 15.27.602 The protection approach for Wetlands relies on the approach for the Stream Corridor, which was pretty weak. The protection approach for Wetlands in the County version has been greatly weakened here too. Might need to beef up either the Wetland one or the Streams one. Or maybe rethink the use of protection approaches for the different critical areas. The statement in the County version about No- Net -Loss of wetlands was deleted from this section. As noted above, it is needed. 15.27.603(2b) A major type of Category II wetlands are forested wetlands. But these are not included in 1 your list. They are important and common enough that they should be. Coments on Part 7 15.27.701(3a) Landslide hazards is missing the Low category, whereas the other hazard sections have ' it. 15.27.701(3c) The County version included a description of the distinction between the regular FEMA flood maps and the mapped flash flooding areas. This distinction should be pointed out. The section is also missing the description of what the different hazard levels mean like other sections have. 15.27.701(3f) This item is really part of (e). 1 1 1 1 1 DOC. INDEX # - -_ 1 1 ,'�:• °, CITY OF YAKIMA :: :� CODE ADMIN. DIVISION Y .: y DEC 1 9 9, Faso STATE OF WASHINGTON 2007 DEPARTMENT OF ECOLOGY 0 PAID D FA FYI 0 1 5 W Yakima Ave, Ste 200 G Yakima, WA 98902 -3452 0 (509) 575 -2490 VI/L'i>VAzO A110 December 17, 2007 DEC 2 1 2007 ZOOZ G• 030 i YOU '` rt i s i n t i 'lt' v. ),7 ' . Lower II � -;-. Yakima -,) watershed --f Doug Maples I City of Yakima Dept. of Community Development 129 North 2nd Street 1 Yakima, WA 98901 1 Dear Mr. Maples: Thank you for the opportunity to comment on the preliminary determination of 1 nonsignificance for the Update of the City of Yakima's existing Critical Areas Ordinance [EC 52 -07]. We have reviewed the documents and have the following comments. 1 Shorelands/Environmental Assistance 1 Lines 119 -120: We suggest you add this phrase to the end of the sentence: "unless improvement of the buffer is needed for new development proposed on the property" Lines 148 -152: Will the City then regulate mining activities that have impact areas less 1 than the acreage threshold required by DNR for their permits? 1 Lines 651 -652: Suggest you add this phrase to the end of the sentence: "except those that are located within and existing wetland." 1 Line 682: Suggest you add the phrase " support for" after the word provide in this sentence I Line 812: The following phrase should be added to the end of the sentence "and the project will not have an indirect impact to the function of an adjacent wetland." I Line 828: Add an additional subsection 5 under 15.27.301 which states that "The Administration Official shall base wetland boundary determination on those criteria specified in the Washington State Wetlands Identification and Delineation Manual I (1997). Wetland mitigation adequacy determination by the Administrative Official shall DOC. INDEX 1 - r - r . E E 1 200: Mr. Maples C `i r December 17, 2007 l' L!'.!: ; ! L Page 2 of 4 1 be consistent with Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006)." 1 The addition of this language will help assure that Administration officials base their decisions on Best Available Science. Line 901 — typo: Change start of sentence to be "Administrative Official or designee Section 15.27.305. It is not appropriate to exempt single family residences from compliance with conformance with buffer requirements. Single family residences on lots less than 1 acre in size are considered to be "high intensity uses" with respect to potential for wetland impacts. Line 900: The following phrase should be added to the end of the sentence: "including 1 mitigation for lost wetland functions." Line 917: Section 15.27.305 1 This section essentially appears to allow all single family residences to have no buffers or extremely small buffers next to wetlands without issuance of a City CAO permit. It is 1 not clear in the language that such a situation would require an Adjustment. The need for an adjustment should be made clear. Single family residential development on less than 1 acre is considered a high intensity use. Therefore, the maximum buffer size should be 1 applied. There also should be a requirement for mitigation sequencing and an approved mitigation plan for wetland impacts in any instance where buffer sizes are not adequate to protect for impacted wetland functions. How would the City track wetland mitigation requirements if there is not a permit? We recommend that Single Family Residential developments trigger a Critical Areas permit. Line 928: Section 15.27.305 2 - Construction of bulkheads should only Y be allowed in emergency situations. Bulkheads are very damaging to stream resources and oftentimes only exacerbate the situation because later larger flood events can get behind the bulkhead structure and actually make things worse. The County should require applicants to explain why a bioengineered erosion control option is not feasible before allowing a bulkhead to be built. The County should include an analysis of potential risks associated with allowing any approved exemptions as part of the findings document Line 1019: Section 15.27.307 Mitigation Requirements - The following phrase should be added to the end of the sentence: Mitigation for wetland impacts should be in accordance DOC. 1 INDEX Mr. Maples (r s, December 17, 2007 ° Page 3 of 4 p -' 1 Line 1368 -1369: Decision Criteria (c) (v) - This section appears to allow for mitigation of wetland losses at a 1:1 replacement ratio. This is not consistent with requirements in section Section 15.27.604. Line 2140: Language in 1) (a) appears to exclude all streams from consideration. Are two sentences needed for clarification? Line 2261: 15.27.505 (6) Lakes and Ponds - This is a confusing section. It would appear that ponds associated or connected with type 2 streams have greater protection than those associated with type 1 streams. Presumably type 1 streams have more functional value than type 2 steams. Further explanation of this situation is warranted in order to be consistent with BAS. The City may want to consider just designating the larger ponds within City boundaries based on functional values in order to be consistent with BAS and to make things easier for the public. Line 2470: Table 5 -2 Wetland Buffers Ecology recommends that the City use buffers that will protect from high intensity uses. 1 Most of the projects that the City would process would presumably be of high intensity. The proposed City buffers are 50 feet less for all wetland categories (except for category 4 wetlands) than those buffers recommended by Ecology, which are based on our 1 synthesis of Best Available Science. The minimum buffer standards as proposed will not be sufficient to protect wildlife 1 functional values of wetlands. Ecology recommends that the addition of language in the buffers table and ordinance text which states that "The standard buffers may not be reduced for wetlands that score medium (20 -28 points) or high (29 — 36 points) for 1 wetland habitat function, except where it can be shown that particular wildlife species needs within the buffer can be met with a smaller buffer. 1 Section 15.27.317 Adjustments (d): Ecology suggests that additional language be added (iii) which makes it clear that a mitigation plan to make up for lost functions of the ' wetlands and streams be required of the applicant as well: "The applicant shall prepare a mitigation plan which addresses the decrease of wetland or stream function due to the decrease in buffer size." 1 Line 2631: Section 15.27.520 (2): regarding mining mitigation states, "Whenever feasible, operations and subsequent use or uses shall not cause permanent impairment or loss of floodwater storage, wetland or other stream corridor features. Mitigation shall provide for the feature's replacement at equal value." While this language may be appropriate for the loss of floodwater storage or other stream corridor features, it is not appropriate for the mitigation of wetland losses. Wetland losses typically require DOC. INDEX 1 # C -- 5 C4Tt' aE Mr. Maples December 17, 2007 Page 4 of 4 1 mitigation ratios of greater than 1:1 to replace lost functions. Section 15.27.604 of the proposed ordinance states that mitigation ratios should be consistent with State guidance documents. Is it the City's intention to treat the business of mining differently from other businesses or private individuals that would have to mitigate for wetland losses at a higher ratio? In order to assure appropriate wetland mitigation and ordinance document consistency, Ecology recommends that you add the following sentence to the language in 15.27.520 (2): "Wetland losses shall be mitigated in a manner consistent with requirements outlined in section 15.27.604." If you have any questions concerning the Shorelands /Environmental Assistance comments, please contact Catherine Reed at (509) 575 -2616. Water Resources , The water purveyor is responsible for ensuring that the proposed use(s) are within the 1 limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44.100 RCW. Environmental review should analyze the likely impacts of developments that may occur 1 in allowed zones. The more specific the analysis is at the non - project stage, the less environmental review needed when a project permit application is submitted. If you have any questions concerning the Water Resources comments, please contact Breean Zimmerman at (509) 454 -7647. Sincerely, 1 (teetzl— Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575 -2012 1 2066 1 DOC. INDEX # C-5 1 DRAFT 1 December 17, 2007 1 Doug Maples ' Street Address Post Office Box Yakima, Washington • RE: Proposed amendments to its critical areas ordinance. 1 Dear Mr. Maples: • Thank you for sending the Washington State Department of Community, Trade and Economic Development (CTED) the proposed amendments to the City of Yakima's critical areas ordinance that we received on November 16, 2007. We recognize the substantial investment of time, energy, and resources that these documents represent. When cities and counties work with citizens to discuss their priorities for the future, they must balance important considerations —using land wisely, providing the foundation for economic vitality, and 1 protecting environmental and natural resources. In crafting your comprehensive plan and development regulations to meet the unique needs of your community, you, along with other local governments planning under the Growth Management Act (GMA), have made important and long - lasting choices. These choices can sustain the quality of life that makes Washington a remarkable place to live and create the predictability needed for economic investment. We especially like the following: • That you retained the wetland buffers recommended by the Department of Ecology when they reviewed the Yakima County Critical Areas Ordinance. • That you had the Floodplain information in your CAO reviewed to meet FEMA standards prior to 1 submitting your Draft CAO for review. • You included a section on Recreational Vehicles under Specific Standards in the Flood Hazard Protection Standards. This makes good sense. DOC. INDEX 1 0. -LI 1 City of Yakima - DRAFT- ' December 17, 2007 Page 2 ' Following are several points which need clarification. One comment is that in streamlining your ordinance, there were several areas where a more detailed explanation would have been helpful in understanding the concepts presented. For example: 1 • Under 15.27.304 Documented Exemption — Procedural Requirements, section 5) "All exempted activities shall use reasonable methods to avoid potential impacts to critical areas." The term "reasonable methods" is very subjective and more information is needed. The wording that Yakima County used in their CAO may provide more clarity: "To be exempt from this title does not give permission to degrade a critical area or ignore risk from natural hazards..." and refer to the requirements in your CAO, Section 15.27.304 6) a, b which require a written request for a documented exemption with specific parameters including best management practices and restoration for disturbed areas. In addition, you could include some language similar to the County's under the Pre - application Conference section which includes: "Determine whether the project can be processed as an exemption, or if not what type of permits or reviews may be needed. Final determination of necessary permits will be made based on the project design and submitted materials." • Under 15.27.305 Documented Exemptions for Hydrologically Related Critical Areas and 1 Wetlands (1) Construction of a single- family residence where the residence meets all requirements of the City of Yalcima.(b) "Construction authorized under this exemption shall be located landward of the ordinary high water mark." We suggest that you include "appurtenances" and give examples such as decks, garages, driveways, utilities and so on, so that the developer understands that any construction must be located landward of the ordinary high water mark. • Under 15.27.319 Minor Revisions to Approved Uses or Development 1) a. "Changes that are not substantive are not required to obtain a revision and may be allowed." Part b goes on to explain in general what "substantive changes" refers to, however some specific examples would be helpful such as found in the County's CAO, page 40 of the Planning Commission version: "Examples of such include minor changes in facility orientation or location, minor changes in structural design that does not change the height or increase ground floor area, and minor accessory structures (such as equipment covers or small sheds near the main structure, etc)." • The section in the County's CAO on Declarative Covenants was left out of your CAO under 15.27.321 General Critical Areas Protective Measures. The inclusion of this section seems to have merit for anyone considering purchasing property or a building in an area with critical areas. This information is not always included in real estate forms and might prevent future problems for both the purchaser and the critical area. • There does not seem to be a section on Enforcement and Penalties in the CAO which would seem prudent to include so that developers will understand the consequences of their actions. • In Section 15.27.413 Non - Conforming Uses and Facilities, it would be helpful to add some explanation as to what property owners can and can't do with their structures. The explanation in 1 the County's CAO on pages 57 -58 provides a better understanding of what's acceptable. DOC. ' INDEX # cIy City of Yakima - DRAFT- December 17, 2007 Page 3 Other comments and questions include the following: 1 • Under 15.27.305 (2) Single- Family residence bulkheads, we suggest that you include the statement that a normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. • Under Part Five, Fish and Wildlife Habitat and the Stream Corridor System, Purpose and Intent • statements. Subsection (5) "Protect fish and wildlife habitats, vegetation, and ecological 1 relationships." We noticed that you decided not to include "conserve and restore" and well as "protect" in that statement and wondered why. • Under Designation and Mapping: Section 15.27.502 Hydrologically Related Critical Ares Features 1) a. You excluded perennial streams (Type 3) and Intermittent streams (Type 4) from features making up stream corridors and other hydrologically related critical areas. This departs from the information found in the county's CAO. Why? • Under 15.27.602 Protection Approach, you refer to wetlands and their functions being protected using the standards found in Part Five — I think this should be Part Four? Congratulations to you and your staff for the good work these amendments embody. If you have any questions or concerns about our comments or any other growth management issues, please call me at (360)725 -3042. We extend our continued support to the City of Yakima in achieving the goals of growth management. Sincerely, 1 I Lynn Kohn Growth Management Planner Growth Management Services LK:bv cc: Jeff Peters, Assistant Planner Leonard Bauer, AICP, Managing Director, Growth Management Services, CTED David Andersen, AICP, Plan Review and Technical Assistance Manager, Growth Management Services, CTED 1 1 Doc. INDEX 1 1 I fi C EP- F TI'.IE T f ► I : � I I + � ! I i � . i F Dt AHD E OI 1 III November 20, 2007 Jeff Peters Assistant Planner City of Yakima • 129 North 2nd Street • Yakima, Washington 98901 Dear Mr. Peters: Thank you for sending the Washington State Department of Community, Trade and Economic Development (CTED) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Yakima - Proposed amendments to its critical areas ordinance. These materials were received on 11/16/2007 and processed with the Material ID # 12368. We have forwarded a copy of this notice to. other state agencies. If this is a draft amendment, adopted • . amendments should be sent to CTED within ten days of adoption and to any other state agencies who commented on the draft. • If you have any questions, please call me at (360) 725 -3042. Sincerely, . nda 'l'cyt 1 �v•t Lynn Kohn - Growth Management Planner Growth Management Services Enclosure • • 1 1 1 DOC. INDEX C 3 • ragcivii 1 Peters, Jeff From: Steele, Chuck (ECY) [CHST461 @ecy.wa.gov] Sent: Thursday, November 08, 2007 9:52 AM To: Peters, Jeff Cc: Ike, Ryan Subject: RE: Cit of Yakima Flood Plain Ord. Changed 1 Jeff, I reviewed the changes you made in your email transmittal this morning. This review clears all of the findings from my November 7 letter and, together with subsequent changes we made in our telephone conversation, brings the flood elements of the Yakima CAO into full compliance with National Flood Insurance Program and State floodplain management regulations. If the flood elements are adopted as they have been changed, we will be able to certify full compliance to FEMA. ' I would like to acknowledge that this is a very good measure, in that you have separate sections addressing uses and performance standards, and that you have greatly improved on several minimum standards. Such standards would make the City eligible for extra credit in FEMA's Community Rating System if the City were to establish eligibility in that program. These credits would directly relate to lowering insurance rates for Yakima residents. If there are any questions as the CAO progresses, please feel free to call me. Chuck Charles L. Steele Floodplain Management Specialist I Department of Ecology SEA Program 3190 160th Avenue SE Bellevue, WA 98008 -5452 1 (425) 649 -7139 1 From: Peters, Jeff [ mailto:jpeters ©ci.yakima.wa.us] Sent: Thursday, November 08 2007 8:54 AM To: Steele, Chuck (ECY) Subject: Cit of Yakima Flood Plain Ord. Changed ' Chuck, Would you please be so kind as to take a quick glance at the City's Ord. one more time to make sure that the changes I make take care of any deficiencies? Thanks again Jeff Peters 1 1 • • 1 DOC. 1 INDEX C Z 1 1/18/2008 CITY Jf- kt�ub'if - 18E9 PLANNING DIV STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 1 Northwest Regional Office o 3190 160th Avenue SE ® Bellevue, Washington 98008-5452 ® (425) 649 -7000 November 7, 2007 1 Mr. Jeff Peters Office of Code Administration & Planning 1 129 North Second Street, 2 Floor Yakima, WA 98901 Dear Mr. Peters: This is in response to your November 6 email transmitting Yakima's Draft Critical Areas 1 Ordinance. You asked that we review the flood - related elements of the Draft, specifically Part 4, Flood Hazard Areas, to assess whether or not the flood measures will comply with National Flood Insurance Program (NFIP) and State floodplain regulations. Our review was done using an Evaluation Sheet that both FEMA and Ecology use when evaluating local ordinances. This sheet is a rough, penciled worksheet, but is attached so you can see how all measures were evaluated. There are 35 measures that must be met in order for us to certify full compliance; our review indicated that the Draft met 23 of the 35, but that 12 measures were not met. A copy of the FEMA -State Model Ordinance is enclosed to assist in understanding the review comments. Before describing the unmet measures, I would like to acknowledge the fact that the 1 Draft contains some very good floodplain management measures that exceed the Federal minimum standards and are highly recommended by this office and FEMA, as follows: 1 • Your subdivision requirements specify that new lots partially within floodplains shall provide a building site outside the floodplain, or a minimum of one acre lot size if the lot is entirely within the floodplain, and lots entirely within the floodway or channel migration zone cannot be further subdivided; • The Draft uses the more restrictive assessed value for determination of 1 substantial improvements vs. market value; and • New manufactured home parks and expansions of existing parks are prohibited in flood fringe areas. 1 As a general comment, whenever reference is made to ASCE -24 and /or the IBC, IRC or Appendix G, the reference needs to be specific to not just the document, but to the 1 particular section of the document that is referenced. Following is a description of the deficiencies together with changes needed in your Definitions and Exemptions sections: Definitions. At 15.27.264, the definition of Existin g Manufactured Home park or 111 Subdivision, the date October 1, 1995 needs to be changed to December 15, 1981. That was the date of the City's first effective ordinance, and is the date that is referenced throughout the FEMA regulations as Yakima's Pre -Post FIRM date. DOC. INDEX # c -I od 1 1 Mr. Jeff Peters November 7, 2007 1 Page2of3 Exemptions. At Section 15.27.403(4), "an accessory barn or similar agricultural 1 structure" is exempted from Chapter 4. This is not acceptable. Agricultural exemptions have only been approved for "normal agricultural practices" involving de minimus activities such as plowing, tilling, harvesting, storing of materials, etc., normal to 1 operation of a farm, but that do not include structures of any kind. Construction Materials. FEMA's Section 60.3(a)(3)(ii) requires that all new construction 1 and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Technical Bulletin 2 -93 specifies such materials; this is taken 1 directly from the Corps of Engineers publication EP 1165 -2 -314. The standard was not found in Chapter 15.27, and must be included in the Yakima ordinance. Construction Methods. Section 60.3(a)(3)(iii) requires that all new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. This measure was not found in Chapter 15.27 and must be added. 1 Utility Equipment. Section 60.3(a)(3)(iv) requires that electrical, heating, ventilation, plumbing and air - conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. This was not found and must also be added to Chapter 15.27. 1 15.27.407(4)(c)(4), BFE Data in Subdivisions. This subsection specifies that BFE data needs to be included in all subdivision proposals. It is unclear if this means an applicant merely has to show BFE data that already exists on plats, or if it means that the applicant has to generate BFE data where it does not exist. The latter is the intent of the regulation, i.e., in Unnumbered A Zones (which do not have BFEs), an applicant has to do a detailed step- backwater analysis to generate BFEs if the subdivision is greater than 5 acres or 50 lots. Does Section 407(4)(c)(4) require that this be done with any size development? ' 427(3), Where a BFE has not been Established. The intent of this regulation at 60.3(a)(3) is to assure that local administrators review applications in Unnumbered A Zones to assure that proposed developments will be "reasonably safe from flooding" absent BFE 1 data. That language needs to be present in this section (see 5.1 -5 of Model Ordinance). 408(2), 427(2) and 407(4), Nonresidential Floodproofing. Section 408(2) gives - 1 applicants the option of either elevating or floodproofing a nonresidential structure (residential structures cannot be floodproofed). However, this section must be changed to read correctly. The last three lines would read correctly if they were changed as follows: 1 " ... shall either have the lowest floor, including basement, elevated above the BFE or constructed pursuant to ASCE -24, Section 6, item 6.2.2, ...." Your reference to table 4.1 in ASCE -24 is actually to elevations in coastal high hazard areas (V Zones). ' Section 2 427. contains a part of FEMA's definition of dry-floodproofing, but not t�g () p UOC. total definition. Regardless, it would not be acceptable here because this is the INDEX # C _1 Mr. Jeff Peters November 7, 2007 1 Page3of3 Administration section, and none of the definition is in the Flood Hazard Protection 1 Standards, Specific Standards. Section 407(4) contains much of the wording in FEMA's floodproofing certification 1 standard at Section 60.3(c)(3), but is not acceptable because: [1] it only applies to existing structures; [2] a surveyor cannot certify structural floodproofing; and [3] Chapter 15.27 nowhere defines what the "adopted floodproofing techniques" are. 1 Since none of the floodproofing requirements are met as the Chapter is currently written, the best way to overcome this deficiency is to replicate Section 5.2 -2 from the FEMA Model Ordinance into your Specific Standards at 15.27.408. 15.27.408(3), Elevation and Anchoring of Manufactured Homes. This standard merely 1 requires anchoring of manufactured homes in accordance with Appendix G. Actually, Section 407(2) already has the anchoring standard that FEMA requires. What is needed is the elevation requirement that can be found at Section 5.2 -3 of the Model Ordinance. Alternatively, the City could state here that all manufactured homes shall be elevated in accordance with Section 501.1 of Appendix G. With either of these remedies, both new and existing manufactured home elevations would be satisfactorily addressed. Recreational Vehicles. Chapter 15.27.277 correctly defines RVs, but there is no performance standard at 15.27.408 addressing RVs. The correct wording for this is found at Section 5.2 -4 of the Model Ordinance. 15.27.425, Applicability. Elevation and /or floodproofing certificates are required here "except that agricultural and certain accessory structures constructed in accordance with the standards of the IBC and ASCE -24 shall not require certification." This is not acceptable. There is no exemption from this requirement for agricultural buildings. There is also no exemption for buildings that are below the IBC threshold of 200 square feet, which is what appears to be intended here. The broad reference to ASCE -24 is not 1 helpful because, as mentioned above, it does not specify the specific ASCE -24 standard. Before either FEMA or Ecology can approve this Draft of Chapter 15.27, the deficiencies 1 described above must be corrected. If you have any questions, please feel free to call me at (425) 649 -7139. Sincerely, 0 4- 6 -d 1 -‘'/ 7 7/Y4: Charles L. Steele Floodplain Management Specialist Enclosures DOC. cc: Mark Carey, FEMA INDEX Dan Sokol, Jeff Lewis, Ecology # C — pt 0 'r b- .4-r1( 1 NW,/ 0 6 .(9• v✓ (oc/7-1 4/1"•. 1 Washington State Model waif* (Evaluation Sheet) Locality Cs . ` 14 1 4 r// c,trprrl— Reviewer's Name PP---e 1 Ordinance No - 17r 4- C Date / / /? (r 7 I Ordinance Date / / /c/o 7 O✓s- 4 y 1 ;4* ; H ; -q 5 y :-Te--4¢- / ---e CRITERIA & MODEL ORDINANCE REFERENCE A B C D E FEDERAL REGULATION 1 REFERENCE 1 Model Ordinance 3.2 60.3(c)(1) and (d)(2) I BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD 1/ Lt The areas of special flood hazard identified by the Federal , A-,,4-0 R410+ Ss/ I Insurance Administration in a scientific and engineering report entitled " The Flood Insurance Study for the (local unit) dated , with accompanying Flood Insurance Maps is hereby I adopted by reference and declared to be part of this ordinance, and any subsequent revisions. The Flood Insurance Study is on file at _address_. I 2 Model Ordinance 4.1 -1 603(b)(1) DEVELOPMENT PERMIT REQUIRED • A development permit shall be obtained before construction or 1 416 I development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all • structures including manufactured homes, as set forth in the I "DEFINITIONS ", and for all development including fill and other activities, also set forth in the "DEFINITIONS ". • I 3 Model Ordinance 4.3 -1(2) 60.3(a)(2) . PERMIT REVIEW _ 4 t (-s' ) Review all development permits to determine that all necessary I permits . have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. 4 Model Ordinance 4.3 -2 60.3(b)(4) I USE OF OTHER BASE FLOOD DATA When base flood elevation data has not been provided in ✓ 4 41 I accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the (local administrator) shall obtain, review, and reasonably utilize any I base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.2, SPECIFIC STANDARDS, and 5.3FLOODWAYS. I 5 Model Ordinance 4.3 -3 60.3(b)(5) INFORMATION TO BE OBTAINED AND MAINTAINED I A = Flood Hazard Boundary Map OK... (1) No... (N) Other... (X) and explain B = Flood Insurance Rate Map without elevation C = Flood Insurance Rate Map with base flood elevations DOC D = Flood Insurance Rate Map with floodways INDEX August 1999 I E = Flood Insurance Rate Map with floodways and V zones Page 1of10 # C — ) 1 Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 4.3 -2: (1) Obtain and record the actual (as- built) elevation (in relation 2 1 ( i to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. / 1 (2) For all new or substantially improved floodproofed / l L structures: (i) verify and record the actual elevation (in relation to mean sea level), and (ii) maintain the floodproofing certifications required in Section 4.1 -2(3). (3) Maintain for public inspection all records pertaining to the L Z r 1 provision of this ordinance. 6 Model Ordinance 4.3 -4(1) 60.3(b)(6) 1 ALTERATION OF WATERCOURSES Notify adjacent communities and the Washington State c [ o (u} (d) Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration (FIA). 7 Model Ordinance 4.3 -4(2) 60.3(b)(7) ALTERATION OF WATERCOURSES Require that maintenance is provided within the altered or ` relocated portion of said watercourse so that the flood carrying capacity is not diminished. 8 Model Ordinance 4.3 -5 INTETPRETATION OF FIRM BOUNDARIES Make interpretations where needed, as to exact location of the ✓ 0 Li ( boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provide in Section 4.4. NOTE - If you do not include Section 4.4 (Variance Procedure), end the above sentence after the word "Interpretation," and add the following sentence: "such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59 -76)." 9 Model Ordinance 5.1 -1(1) 60.3(a)(3)(i) A ANCHORING All new construction and substantial improvements shall be Lie"? (I) anchored to prevent flotation, collapse, or lateral movement of the structure. 9 Model Ordinance 5.1 -1(2) 60.3(b)8 A = Flood Hazard Boundary Map OK... (i) No... (N) Other...(X) and explain 1 B = Flood Insurance Rate Map without elevation O Q C C = Flood Insurance Rate Map with base flood elevations D = Flood Insurance Rate Map with floodways INDEX August 1999 E = Flood Insurance Rate Map with floodways and V zones Page 2 of 10 # L — B ANCHORING I All manufactured homes must likewise be anchored to prevent V. L. o 7 () floatation, collapse or lateral movement, and shall be installed I using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over - the -top or frame ties to ground anchors (Reference 1 FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 9 Model Ordinance 5.1 -2(1) 60.3(a)(3)(ii) 1 C CONSTRUCTION MATERIALS AND METHODS �\/ All new construction and substantial improvements shall be 1 1 constructed with materials and utility equipment resistant to flood damage. 9 Model Ordinance 5.1 -2(2) 60.3(a)(3)(iii) I D CONSTRUCTION MATERIALS AND METHODS ly All new construction and substantial improvements shall be 1 constructed using methods and practices that minimize flood damage. 9 Model Ordinance 5.1 -2(3) 60.3(a)(3)(iv) I E CONSTRUCTION MATERIALS AND METHODS Electrical, heating, ventilation, plumbing, and air - conditioning equipment and other service facilities shall be designed and/or I otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 10 Model Ordinance 5.1 -3(1), (2), and (3) 60.3(a)(5) and (6) UTILITIES I (1) All new and, replacement water supply systems shall be ✓ cl0 7 (4)(.6) designed to minimize or eliminate infiltration of flood waters . into the system; I t./ tt (2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters I into the systems and discharge from the systems into flood waters; and ,/ (3) On -site waste disposal systems shall be located to avoid I impairment to them or contamination from them during flooding. I 11 Model Ordinance 5.1 -4(1) 60.3(a)(4)(i) SUBDIVISION PROPOSALS ✓ t_I p 7 �) (G` ) CO (1) All subdivision proposals shall be consistent with the need to minimize flood damage; I (2) All subdivision proposals shall have public utilities and ✓ 1 (L) facilities such as sewer, gas, electrical, and water systems I A = Flood Hazard Boundary Map OK... ( '1) No... (N) Other... (X) and explain B = Flood Insurance Rate Map without elevation DOC C = Flood Insurance Rate Map with base flood elevations I D = Flood Insurance Rate Map with floodways INDEX August 1999 E = Flood Insurance Rate Map with floodways and V zones Page 3 of 10 C 1 located and constructed to minimize flood damage; 1 (3) All subdivision proposals shall have adequate drainage ,/ `-( 01 ('-l) (c) ( 3) provided to reduce exposure to flood damage; and 1 (4) Where base flood elevation data has not been provided or is N �4 ) (c) 6-e) not available from another authorized source, it shall be " 0 ` 6 F / generated for subdivision proposals and other proposed G5 , MA -0 . 4 ,' developments which contain at least 50 lots or 5 acres to ? (whichever is less). 12 Model Ordinance 5.1 -5 60.3(a)(3) REVIEW OF BUILDING PERMITS Where elevation data is not available either through the Flood l q VI( ( 3) • Insurance Study or from another authoritative source (Section 4 e 4.3 -2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from 41.. #r6 flooding. The test of reasonableness is a local judgment and a /V l: o . 3 (w) (3) includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 13 Model Ordinance 5.2 -1 60.3(c)(2) RESIDENTIAL CONSTRUCTION (1) New construction and substantial improvement of any ✓ o (1) ( ) residential structure shall have the lowest floor, including .4 basement, elevated to or above the base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject ✓ C- / 6) to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum of two openings having-a total net area , of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, 1 or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 14 Model Ordinance 5.2 -2 60.3(c)(3) NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any 1 commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or A = Flood Hazard Boundary Map OK...('J) No... (N) Other... (X) and explain B = Flood Insurance Rate Map without elevation DOC. C = Flood Insurance Rate Map with base flood elevations INDEX D =Flood Insurance Rate Map with floodways August 1999 E = Flood Insurance Rate Map with floodways and V zones # c — I Page 4of10 l' 1 I above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level 1I — ,,, 4, 4,-e ¢0 the structure is watertight with walls substantially b 1 ' impermeable to the passage of water; J 4 ►s o , 1.10 Ge'bc.svroC (2) have structural components capable of resisting - ' hydrostatic and hydrodynamic loads and effects of S 1.,( Z Z) 1-1,4,‘ 1-1,4,‘ t 5 �v nc®� -1'� buoyancy; �` -- . ` _ 1 _� J I (3) be certified by a registered professional engineer or architect that the design and methods of construction A 1 - ( ( 4141.4.4.1. .4 G Y .I are in accordance with accepted standards of practice for meeting provisions of this subsection based on their 74'`'i I development and/or review of the structural design, • y c� i specifications and plans. Such certifications shall be ��� provided to the official as set forth in Section 4.3 -3(2). . d.,,--4/ A. ,,, .• -A.✓Y 1 (4) Nonresidential structures that are elevated, not fi ,--- w c„c_ floodproofed, must meet the same standards for space below the lowest floor as described in 5.2 -1(2). (5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be I based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below the base flood level). 1 15 Model Ordinance 5.2 -3 60.3(c)(6) & 60.3(c)(12 MANUFACTURED HOMES 1 (1) All manufactured homes to be placed or substantially IN( d k ( 3) improved on sites: (i) Outside of a manufactured home park or �� G �� y 1 subdivision, `1 0 7 z) (ii) In a new manufactured home park or subdivision, 141/i s Jrid t`r llc (iii) In an expansion to an existing manufactured home ee-4 park or subdivision, or s 1 - Al— B K— (iv) In an existing manufactured home park or 1 subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; 1 shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base I flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. I (2) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of (1) above, be elevated so I A =Flood Hazard Boundary Map OK... ( '1) No... (N) Other... (X) and explain B = Flood Insurance Rate Map without elevation DOG. c= Flood Insurance Rate Map with base flood elevations INDEX D = Flood Insurance Rate Map with floodways 1999 E = Flood Insurance Rate Map with floodways and V zones # — 1 Page 5of10 1 that either: ' (i) The lowest floor of the manufactured home is at or above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no Less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 16 Model Ordinance 5 -2 -4 60.3(c)(14) RECREATIONAL VEHICLES Recreational vehicles placed on sites are required to either: (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (iii) Meet the requirements of 5.2 -3 above and the 1 elevation and anchoring requirements for manufactured homes. 17 Model Ordinance 5.4 60.3(c)(10) BEFORE REGULATORY FLOODWAY Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. , 18 Model Ordinance 5.4 60.3(d)(3) DESIGNATED REGULATORY FLOODWAY (1)Prohibit encroachments, including fill, new construction, ✓ `� �� substantial improvements, and other development unless certification by .a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is ✓ N t Z (5 prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or A = F1ood.Hazard Boundary Map OK... ( 'J) No... (N) Other... (X) and explain 1 B = Flood Insurance Rate Map without elevation DOC. C = Flood Insurance Rate Map with base flood elevations INDEX D = Flood Insurance Rate Map with floodways August 1999 I E = Flood Insurance Rate Map with floodways and V zones Page 6of10 # (',-I 1 • 1 improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, reconstruction, is started, or (B) if the structure has - been damaged, and is being restored, before the damage I occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the 50 percent. I (3) If Section (1) above is satisfied, all new construction and ,7 Y 1Z- "(c.). substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR I FLOOD HAZARD REDUCTION. 19 Model Ordinance 5.5 60.3(c)(7) and (8) ' I . STANDARDS FOR SHALLOW FLOODING AREAS (AO ONES) (1 New construction and substantial improvements of • 1 resi ntial structures within AO zones shall have the lowest floor cluding basement) elevated above the highest grade adjacent o the structure at least as high as the depth number I specified • . feet on the community's FIRM (at least two feet if no depth n ber is specified); • (2) New constru ion and substantial improvements of • 1 nonresidential stru res within AO zones shall either: (i) Have the 10 st floor (including basement) elevated I above the highest a �acent grade of the building site at least as high as the dptth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or I (ii) Together with attendant utility sanitary facilities, be completely flood proofed to or above that I level so that any space below that 1eve1 watertight with walls substantially impermeable to thepassage of water and with structural components havingNte I capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is sed, compliance shall be certified by a registered professional engineer as in section 5.2 -2(3). I (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. 1 (4) Recreational vehicles P laced on sites within AO Zones on the community's FIRM either: . 1 i Be on the site for fewer than 180 consecutive days, ° � I (ii) Be fully licensed and ready for highway use, on wheels or jacking system, is l attached to the site only by quick disconnect 1 A= Flood Hazard Boundary Map OK...(') No. . (N) Other (X) and explain B =Flood Insurance Rate Map without elevation DOC. C = Flood Insurance Rate Map with base flood elevations INDEX . D = Flood Insurance Rate Map with floodways August 1999 E = Flood Insurance Rate Map with floodways and V zones Page 7 of 10 # C — /gyp - ^1` 1 T. 1S M p;) FEMA REGION X FLOOD DAMAGE PREVENTION ORDINANCE WASHINGTON MODEL (REVISED 5/13/2004) 1 Close to 300 towns, cities, counties, and tribes within the State of Washington participate in the National Flood Insurance Program (NFIP). As a condition of participation in the NFIP, communities are required to adopt and enforce a flood hazard reduction ordinance that meets the minimum requirements of the NFIP; however, there are occasionally additional requirements identified by State law that are more restrictive. In these cases, FEMA will require that communities meet those standards as well. Although there is no specific prescribed ordinance that can be adopted across the country that meets all requirements for floodplain development, this model identifies the basic requirements, and cross references them to appropriate Federal CFR or State WAC citations (RCW 86.16 WA Floodplain Management law). It also encourages Community Officials to consider the direct insurance implications of certain building standards that, if adopted, can reduce (or increase) annual flood insurance premiums for local citizens. This ordinance, as developed by FEMA and the WA Department of Ecology, 1 supercedes previous versions and includes all the minimum standards required as a condition of participation in the NFIP. It will be used by FEMA and State staff as the basis for providing technical assistance and compliance reviews during the Community Assistance Contact (CAC) and Community I Assistance Visit (CAV) process to ensure that federal and state law are met. The model identifies the basic minimum federal regulation requirements that must be contained in a local flood ordinance as well as suggestions for stronger measures, but notes that these measures are I recommended, not required. Additionally, it outlines several specific floodplain development practices and regulations that can reduce insurance premiums (highlighted). Adopting this model flood hazard reduction ordinance verbatim can ensure compliance with FEMA; however, it should be emphasized that its adoption is not a mandatory requirement per NFIP regulation. Some sections of this document are included for clarity and are not required by federal or state law. For instance, as indicated in SECTION 1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES, it is not mandatory to adopt 1 this entire section, but by doing so, it will make your ordinance more legally enforceable. This document can also serve as a foundation upon which communities can craft their own additional measures. The ordinance can be modified to accommodate local standards, provided they are not less restrictive than the minimum standards identified on this model. Areas on the model that exceed those minimum standards are clearly marked. The model ordinance is in a modular format. The basic model is available separately, and the following attachments can be provided if they fit a community's status, or if I they are requested: APPENDIX A: ORDINANCE STANDARDS FOR COMMUNITIES WITH SHALLOW FLOODING IDENTIFIED , AS AN AO ZONES ON FLOOD INSURANCE RATE MAPS (FIRM) APPENDIX B: ORDINANCE STANDARDS FOR COMMUNITIES WITH COASTAL FLOODING IDENTIFIED AS A V ZONE AND AN ORDINANCE COMPLIANT WITH 44 CFR 60.3(E) 1 APPENDIX C: FLOOD HAZARD PREVENTION AND FISH HABITAT PROTECTION ORDINANCE (Not yet complete) 1 APPENDIX D: OTHER HIGHER REGULATORY STANDARDS (Not yet complete) If you have any questions concerning this ordinance or participation in the NFIP, please contact the Department of Homeland 'Security, Federal Emergency Management Agency (FEMA) at our Regional Office at (425) 487 -4678. I DOC. I INDEX # C -. 1 1 1 SECTION 1.0 - STATUTORY AUTHORIZATION, FINDINGS OF FACT, 1 PURPOSE, AND OBJECTIVES (Not mandatory to adopt section 1.0) 1.1 STATUTORY AUTHORIZATION The Legislature of the State of Washington has delegated the responsibility to local ' governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the of , does ordain as follows: 1.2 FINDINGS OF FACT 1) The flood hazard areas of are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental ' services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. .2) These flood losses are caused by the cumulative effect of obstructions in areas of special ' flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. i 1.3 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions designed: 1) To protect human life and health; 2) To minimize expenditure of public money and costly flood control projects; 3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4) To minimize prolonged business interruptions; 5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 1 7) To ensure that potential buyers are notified that property is in an area of special flood hazard; 8) To ensure that those who occupy the areas of special flood hazard assume responsibility for I their actions. . ETHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: ' 1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights ' or velocities; 2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; ' 3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 1 2 • DOC. INDEX 1 C 1 1 4) Controlling filling, grading, dredging, and other development which may increase flood damage; and 5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters' or may increase flood hazards in other areas. SECTION 2.0 -- DEFINITIONS (44 CFR 59.1, not mandatory to adopt all definitions as shown) Terms with 1 asterisk trigger a specific building requirement and must be adopted Terms with 2 asterisks are directly related to insurance and are not mandatory to adopt. Unless specifically defined below, terms or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. APPEAL: a request for a review of the interpretation of any provision of this ordinance or a request for a variance. 1 AREA OF SHALLOW FLOODING: designated as AO, or AH Zone on the Flood Insurance Rate Map (FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations. AREA OF SPECIAL FLOOD HAZARD: is the land in the flood plain within a community subject to a one 1 percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. BASE FLOOD: the flood having a 1% chance of being equaled or exceeded in any given year (also referred to as the "100 -year flood "). Designated on Flood Insurance Rate Maps by the letters A or V. * BASEMENT: means any area of the building having its floor sub -grade (below ground level) on all sides. BREAKAWAY WALL: means a wall that is not part of the structural support of the building and is intended 1 through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. COASTAL HIGH HAZARD AREA: means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE or V. CRITICAL FACILITY: means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. ** CUMULATIVE SUBSTANTIAL DAMAGE: means flood - related damages sustained by a structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of each such flood event, on the 1 average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. * DEVELOPMENT: means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. ** ELEVATION CERTIFICATE: means the official form (FEMA Form 81 -31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Community Officials. ELEVATED BUILDING: means for insurance purposes, a non - basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. 3 DOC. I INDEX # C_ I 1 1 EXISTING MANUFACTURED HOME PARK OR SUBDMSION: means . a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either fmal site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities,.the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD or FLOODING: means a general and temporary condition of partial or complete inundation of normally dry land areas from: I) The overflow of inland or tidal waters and/or 2) The unusual and rapid accumulation of runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM): means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS): means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary- Floodway Map, and the water surface elevation of the base flood. FLOODWAY: means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. ** INCREASED COST OF COMPLIANCE: A flood insurance claim payment up to $30,000 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial damage." (more information can be found in FEMA ICC Manual 301) * LOWEST FLOOR: means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this ordinance found at Section 5.2- 1(2), (i.e. provided there are adequate flood ventilation openings). MANUFACTURED HOME: means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." MANUFACTURED HOME PARK OR SUBDMSION: means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION: means structures for which the "start of construction" commenced on or after the effective date of this ordinance. NEW MANUFACTURED HOME PARK OR SUBDIVISION: means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. RECREATIONAL VEHICLE: means a vehicle, 1) Built on a single chassis; 4 ' DOC. INDEX 1 2) 400 square feet or less when measured at the largest horizontal projection; 3) Designed to be self - propelled or permanently towable by a light duty truck; and 1 4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. START OF CONSTRUCTION: includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE: a walled and roofed building, including a gas or liquid storage tank that is principally above ground. * SUBSTANTIAL DAMAGE: means damage of any origin sustained by a structure whereby the cost of restoring 1 the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. * SUBSTANTIAL IMPROVEMENT: means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1) Before the improvement or repair is started; or 2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term can exclude: 1) Any project for improvement of a structure to correct pre -cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE: means a grant of relief from the requirements of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance. WATER DEPENDENT: means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. SECTION 3.0 - GENERAL PROVISIONS (Mandatory adoption requirements are listed per sub- section) 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES (44 CFR 59.22(a)) 1 This ordinance shall apply to all areas of special flood hazards within the jurisdiction of 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD (44 CFR 1 60.3 (c)(1)(d)(2)) The areas of special flood hazard identified by the Federal Insurance Administration in a 5 DOC. INDEX C 1 1 scientific and engineering report entitled "The Flood Insurance Study for ( community name ) 1 " dated ( ), (20J, and any revisions thereto *, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto *, are hereby adopted by reference and declared to be a • part of this ordinance. The Flood Insurance Study and the FIRM are on file at ( community I address ). The best available information for flood hazard area identification as outlined in Section 4.3 -2 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 4.3 -2. * In some communities, the phrase "and any revisions thereto" is not considered legally binding and 1 should not be adopted. 3.3 PENALTIES FOR NONCOMPLIANCE (Not mandatory) I No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements I (including violations of conditions and safeguards established in connection with conditions), shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than or imprisoned for not more than days, or both, for each violation, and in addition shall pay all costs and 111 expenses involved in the case. Nothing herein contained shall prevent the from taking such other lawful action as is necessary to prevent or remedy any violation. I 3.4 ABROGATION AND GREATER RESTRICTIONS (Not mandatory) . This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, I or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 INTERPRETATION (Not mandatory) 1 In the interpretation and application of this ordinance, all provisions shall be: I) Considered as minimum requirements; I 2) Liberally construed in favor of the govern body; and, 3) Deemed neither to limit nor repeal any other powers granted under State statutes. I 3.6 WARNING AND DISCLAIMER OF LIABILITY (Not mandatory) The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will I occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of , any officer or employee thereof, or the Federal Insurance I Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 1 SECTION 4.0 - ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT I 4.1 -1 DEVELOPMENT PERMIT REQUIRED (44 CFR 60.3(b)(1)) I 6 DOC. INDEX 1 # A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures ! including manufactured homes, as set forth in the "Definitions," and for all development including fill and other activities, also as set forth in the "Definitions." 4.1 -2 APPLICATION FOR DEVELOPMENT PERMIT (Not Mandatory; however example permits are 1 available from FEMA/DOE for review or use) Application for a development permit shall be made on forms furnished by the and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81 -31) with Section B completed 1 by the local official. 2) Elevation in relation to mean sea level to which any structure has been floodproofed; 3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in Section 5.2 -2; 4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. ! 4.2 DESIGNATION OF THE LOCAL ADMINISTRATOR (44 CFR 59.22(b)(1)) (Local Administrator) is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES & RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR (Not mandatory) Duties of the (Local Administrator) shall include, but not be limited to: 4.3 -1 PERMIT REVIEW ____ L) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (Not mandatory) 2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. (44 CFR 60.3(a)(2)) 3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.4(1) are met. (Not mandatory, but essential to enforce Washington's floodway law.) 4.3 -2 USE OF OTHER BASE FLOOD DATA (IN A AND V ZONES) (44 CFR 60.3(b)(4)) When base flood elevation data has not been provided (in A or V Zones) in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the (Local Administrator) shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.2, SPECIFIC STANDARDS, and 5.4 FLOODWAYS. 4.3 -3 INFORMATION TO BE OBTAINED AND MAINTAINED (The following language is required and should be adopted verbatim per 44 CFR) 1) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or 7 DOC. INDEX C "1 1 required as in Section 4.3 -2, obtain and record the actual (as- built) elevation (in relation to I mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (44 CFR 60.3(b)(5)(i)) Recorded on a current elevation certificate (FF 81 -31) with Section B completed by the local I official. 2) For all new or substantially improved floodproofed nonresidential structures where base • flood elevation data is provided through the FIS, FIRM, or as required in Section 4.3 -2: 1 i) Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed (44 CFR 60.3(b)(5)(0) I ii) Maintain the floodproofing certifications required in Section 4.1 - 2(3) (44 CFR 60.3(b)(5)(iii)) 3) Maintain for public inspection all records pertaining to the provisions of this ordinance. • (44 CFR 60.3(b)(5)(iii)) 4 -4 A LTERATION OF WATERCOURSES (44 CFR 60.3(b)(6)) 1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 2) Require that maintenance is provided within the 'altered or relocated portion of said 1 watercourse so that the flood carrying capacity is not diminished. 4.3 -5 INTERPRETATION OF FIRM BOUNDARIES (This section is not required, but if the Local I Administrators are performing this task on a regular basis, it should be adopted.) Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g. where there appears to be a conflict between a mapped boundary and actual I field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program I (44 CFR 59 -76). 4.4 CONDITIONS FOR VARIANCES (Excerpts summarized from 44 CFR 60.6(a)(1 -7) • Communities are encouraged to adopt standards equal to or more restrictive than 44 CFR 60.6(a)(1 -7) or • I use existing codes that meet or exceed these standards. FEMA may review a community's findings justifying the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound floodplain management, FEMA may take appropriate action under 44 CFR 59.24(b). I 1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or • irregularly shaped lot contiguous to and surrounded by lots with existing structures I constructed below the base flood level. As the lot size increases the technical justification_ required for issuing the variance increases. 2) Variances shall not be issued within a designated floodway if any increase in flood levels I _ during the base flood discharge would result. 3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 1 4) Variances shall only be issued upon: i) A showing of good and sufficient cause; I 8 DOC. INDEX 1 # 0- I 1 ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 5) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances.. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare. 6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry- floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 4.4 -2(1), and otherwise complies with Sections 5.1 -1, 5.1 -3, and 5.1 -4 of the GENERAL STANDARDS. 7) Any applicant to whom a variance is granted shall be given written notice that the permitted 1 structure will be built with its lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk. SECTION 5.0 - PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS (Section 5.0 is required) 1 In all areas of special flood hazards, the following standards are required: 5.1 -1 ANCHORING (44 CFR 60.3(a)(b)) 1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (44 CFR 60.3(a)(3)(i)) 2) All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over - the -top or frame ties to ground anchors. (44 CFR 60.3(b)(8)). For more detailed information, refer to guidebook, FEMA -85, "Manufactured Home Installation in Flood Hazard Areas." 5.1 -2 CONSTRUCTION MATERIALS AND METHODS (44 CFR 60.3(a)(3)(ii -iv)) 1) All new construction and substantial improvements shall be constructed with materials and 1 utility equipment resistant to flood damage. 2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3) Electrical, heating, ventilation, plumbing, and air - conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment below the base flood elevation may cause annual flood insurance premiums to be increased. 1 5.1 -3 UTILITIES (44 CFR 60.3(a)(5)(6)) 000 9 INDEX 1 1 1 1 1) All new and replacement water supply systems shall be designed to minimize or eliminate ' infiltration of flood waters into the systems; 2) Water wells shall be located on high ground that is not in the floodway* 3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate • infiltration of flood waters into the systems and discharges from the systems into flood waters; 4) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. * FEMA endorses the more restrictive WA floodway standard identified in WAC 173- 160 -171 5.1 -4 SUBDIVISION PROPOSALS (44 CFR 60.3(a)(4)(b)(3)) 1) All subdivision proposals shall be consistent with the need to minimize flood damage; 2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, I electrical, and water systems located and constructed to minimize or eliminate flood damage; 3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; 1 4) Where base flood elevation data has not been provided or is not available from another authoritative source,. it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). 5.1 -5 REVIEW OF BUILDING PERMITS (44 CFR 60.3(a)(3)) Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source (Section 4.3 -2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, 1 photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. 5.2 SPECIFIC STANDARDS (44 CFR 60.3(c)(1)) In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, or Section 4.3 -2, USE OF OTHER BASE FLOOD DATA Additional standards were clarified in FEMA Technical Bulletin 11 -01 to allow crawlspace construction for buildings located in the special flood hazard areas; however, adopting this provision can result in a 20% increase in flood insurance premiums. The following provisions are required: 5.2 -1 RESIDENTIAL CONSTRUCTION (44 CFR 60.3(c)(2)(5)) I) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more* above the base flood elevation (BFE). * Minimum FEMA standards require the lowest floor to be elevated "to or above" the BFE; however, adding an additional foot of freeboard increases safety and can reduce insurance premiums by as much as 30 %. Adopting additional freeboard is strongly encouraged by FEMA. This note applies throughout the model ordinance. ' 2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must 10 r L)'J v . INDEX • 1 # c -1 1 1 either be certified by a registered professional ,engineer or architect or must meet or exceed the following minimum criteria: 1 i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. ii) The bottom of all openings shall be no higher than one foot above grade. 1 iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Foundation vent standards required by the IBC /IRC outside the floodplain do not meet this standard and are often inadvertently permitted. Insurance rates reflect an "all or nothing" standard, meaning, partially ventilated crawlspaces may be subject to an additional loading fee of 20 -25% attached to the annual insurance premium. 5.2 -2 NONRESIDENTIAL CONSTRUCTION (44 CFR 60.3(c)(3)(4)) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more* above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1) Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3) Be certified by a registered professional engineer or architect that the design and methods of , construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and /or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in I Section 4.3 -3(2); 4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 5.2 -1(2); * Applicants who are floodproofing nonresidential buildings should be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below). Floodproofing the building an 111 additional foot will reduce insurance premiums significantly. 5.2 -3 MANUFACTURED HOMES (44 CFR 60.3(c)(6)(12)) _ 1) All manufactured homes in the floodplain to be placed or substantially improved on sites I shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above* the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral I movement. 5.2-4 RECREATIONAL VEHICLES (44 CFR 60.3(c)(14)) 1 Recreational vehicles placed on sites are required to either: I) Be on the site for fewer than 180 consecutive days, (or) 2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site I only by quick disconnect type utilities and security devices, and have no permanently attached additions; or - 11 DOC. INDEX 1 1 3) Meet the requirements of 5.2 -3 above and the elevation and anchoring requirements for manufactured homes. 1 5.3 AE AND A1-30 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS (44 CFR 60.3 (c) (10)) 1 In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones M-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 1 5.4 FLOODWAYS (Note the more restrictive language for floodway development per RCW 86.16) Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways.. Since the floodway is an extremely hazardous area due to the velocity of floodwaters 1 that can carry debris, and increase erosion potential, the following provisions apply: 1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided ' demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (44 CFR 60.3(d)(3)) 2) Construction or reconstruction of residential structures is prohibited within designated floodways *, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of 1 a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as ' historic places, may be excluded in the 50 percent. * FEMA endorses the more restrictive WA floodway standard adopted in WAC 173 - 158 - 070. 3) If Section 5.4(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR FLOOD HAZARD REDUCTION. ' 5.7 CRITICAL FACILITY (Not mandatory) Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100 -year floodplain). Construction of new critical ' facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500 -year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 1 12 DOC. INDEX # d - 1 • 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) • UAZO EC #52 -07 EXHIBIT LIST 1 CHAPTER D E -mail Communications 1 EXHIBIT # DOCUMENT DATE D -1 E -mails from Lynn Kohn, Tim Gates, and Leonard Bauer, 09 -20 -07 I CTED to Jeff Peters -marom ynn Kohn, and Tim Gates, CTED to Jeff 09 -13 -07 Peters 1 D -3 E -mail from Charles L. Steele, Department of Ecology to Jeff 11 -07 -07 Peters D -4 E -mail from Lynn Kohn, CTED to Jeff Peters 11 -15 -07 D -5 E -mail from Jeff Peters to Review Team CTED 11 -16 -07 1 D -6 E -mail from Jeff Peters to Review Team CTED 11 -27 -07 D -7 E -mail from Catherine Reed to Jeff Peters 12 -13 -07 ' D -8 E -mail from Lynn Kohn to Jeff Peters 12 -14 -07 1 1 1 1 1 1 1 r Qbc 1 Vl 1 • • 1 ' Peters, Jeff From: Kohn, Lynn (CTED) [LynnK @CTED.WA.GOV] I Sent: Friday, December 14, 2007 4:08 PM To: Peters, Jeff Subject: CAO • 1 Hi Jeff, • Just a head's up that although I finished my review, I want to have a couple of folks in my office with more ' knowledge of CAO issues take a look at my comments before I send to you. It will have to be Monday I'm afraid, as their time is booked today. 1 I'll touch base on Monday. . Have a great weekend! . . • Lynn • • 1 • . • 1 1 • • • 1 1 1 DOC. INDEX 1 _ • • 1/18/2008 rake i ui i Peters, Jeff _ 1 From: Reed, Catherine D. (ECY) [CRAJ461 @ecy.wa.gov] Sent: Thursday, December 13, 2007 4:54 PM 1 To: Peters, Jeff Cc: Bunten, Donna (ECY) Subject: draft Yakima City CAO • Our SEPA lead just reminded me that your draft ordinance is out for review and comments are due on Monday. l , just finished up with letter and testimony today about the Board of County Commissioner Yakima County Critical Area ordinance. I understand that they will be making a decision next Tuesday after hearing our testimony. Since the buffers that are proposed in your ordinance (I just looked at that one page just now) look like the same ones proposed by the Commissioners, it is likely that our comments about your draft ordinance buffers will be similar to those sent to Yakima County. However, I will be spending time reviewing your ordinance more thoroughly tomorrow and on Monday. 1 • 1 1 1 • 1 11 1 • 1 a 1 DOC. INDEX # -`l 1/18 /2008 1 Page 1 of 1 • 1 • Peters, Jeff • From: Peters, Jeff • I Sent: Tuesday, November 27, 2007 3:53 PM To: .. 'reviewteam @cted.wa.gov'; Maples, Doug I Subject: City of Yakima DRAFT CAO Preliminary Determination of Non - Significance and public comment. . Attachments: SEPA DNS CAO (1).doc 1 To Whom It May Concern: • On November 26, 2007, the City of Yakima issued the attached Preliminary Determination of Non - Significance for its Draft Critical Areas Ordinance. The City of Yakima will take initial public comment on its Draft Critical Areas Ordinance and preliminary environmental determination until December 17, 2007. Following the aforementioned I date, the City will evaluate all comments received, and modify its Critical Areas Ordinance accordingly. Dependant upon the amount and severity of the comments received, the City will finalize its draft of the CAO and issue a final determination with or without a second comment period. Then following completion of the City of Yakima's required 14 -day Appeal Period the City will notify CTED of the scheduled adoption date of its CAO I (Most likely in the month of February). I Sincerely, Jeff Peters Assistant Planner . 1 City of Yakima 1 • 1 • • 1 1 1 1 1 DOC, 1 • INDEX ' 1/18/2008 Page lor Peters, Jeff , From: Peters, Jeff Sent: Friday, November 16, 2007 4:21 PM 1 To: 'reviewteam@cted.wa.gov' Cc: Maples, Doug; Benson, Bruce; 'Ken Harper' • Subject: City of Yakima's Draft Critical Areas Notice & 60 day notice letter. Attachments: City of Yakima Draft Critical Areas Ord 11- 16- 07.doc; CTED 60 Day Notice.doc To Whom It May Concern: The City of Yakima is formally transmitting its Draft Critical Areas Ordinance and 60 -day notice of intent adopt • , I letter to the State of Washington Department of Community Trade and Economic Development on November 16, 2007. • Information on when public comment will be taken and a formal public hearing held are contained within the- attached notice of intent letter. Upon mailing of the city's proposed Notice of Application and Environmental Review of its CAO the City of Yakima will email CTED a copy of said document, thus documenting the appropriate public comment period(s). 1 For questions or concerns please contact: Jeff Peters, Assistant Planner at 509 - 575 -6163 or Doug Maples, Codes Administration and Planning Manager at 509 - 576 -6430. • • Sincerely, Jeff Peters • Assistant Planner City of Yakima • • 1 1 1 • 11 • • DOC. INDEX 5 1/18/2008 ' Page 1 of 1 Peters, Jeff • From: Kohn, Lynn (CTED) [LynnK @CTED.WA.GOV] Sent: Thursday, November 15, 2007 3:31 PM . To: Peters, Jeff • 1 • Subject: RE: CAO Question • Hi Jeff, I I understand you talked to David Anderson about this issue and he's definitely the one who knows the answers. Please let us know if there's anything further you might need from us!. • • Lynn • 1 • From: Peters, Jeff [mailto:jpeters©ci.yakima.wa.us] I Sent: Thu 11/15/2007 1:47 PM To: Kohn, Lynn (CTED) Subject: RE: CAO Question • 1 Lynn, Why would the SEPA go through a sixty day review period and not a twenty day review period as is required by our local. ordnance? From: Kohn, Lynn (CTED) [mailto:LynnK @CTED.WA.GOV] I Sent: Thursday, November 15, 2007 12:19 PM To: Peters, Jeff • Cc: Johnson, Paul (CTED) I Subject: RE: CAO Question Hi Jeff, just the cover page is fine. The findings of fact staff report is more background for agencies and not . required as part of your submission. I'd like to request a copy however, for myself to help with my review. I . can be submitted later but should go through 60 -day review before final adoption of your CAO. I I'm ccing our expert on review procedures - Paul Johnson in case I have missed anything. Paul this is for the City of Yakima's Draft CAO 60 - day review process..Did•l miss anything? 1 Lynn From: Peters, Jeff [ mailto:jpeters @ci.yakima.wa.us] I Sent: Thursday, November 15, 2007 11 :16 AM To: Kohn, Lynn (CTED) Subject: CAO Question • . 1 Lynn, Do I just need the cover page which states our intent for adoption or do I need to complete a findings of fact staff II report for submission and sixty day review? Also we have not completed SEPA as of yet and were planning on going though the process following the sixty day review period when we have a complete document with all edited changes from various agencies. Does this affect our submission? 1 DOC. • . INDEX • 1 1/18/2008 # D- Li • Peters, Jeff r • From: 'Steele, Chuck (ECY) [CHST461 @ecy.wa.gov) Sent: Wednesday,- November 07, 2007 11:44 AM To: Peters, Jeff Cc: Ike, Ryan • Subject: RE: City of Yakima's Draft Critical Area / Flood Plain chapter for your review and comment! Attachments: Yakima CAO _Review.doc; WA Model Ordinance.doc Jeff, 1 This Draft was a challenge. While there are some good things in the Chapter, there are unfortunately several deficiencies that would stop us (or FEMA) from giving approval. Attached is a letter I have sent to you addressing the deficiencies. Also attached is the FEMA -State Model Ordinance, from which language to correct some of the deficiencies could be useful. My mailed letter will also contain the Evaluation Sheet referenced in the letter. Give me a call if you have any questions. Chuck .• • Charles L. Steele 111 • Floodplain Management Specialist Department of Ecology SEA Program 3190 160th Avenue SE Bellevue, WA 98008 -5452. • (425) 649 -7139 1 From: Peters, Jeff [ mailto:jpeters ©ci.yakima.wa.us] • r Sent: Tuesday, November 06, 2007 11:48 AM • To: Steele, Chuck (ECY) • Subject: City of Yakima's Draft Critical Area / Flood Plain chapter for your review and comment! Chuck, Here is the initial draft document with the highlights I mentioned. Please review and send comments back so that we can ensure that our new document meets the proper standards of the IBC, IRC and other appropriate code sections. Thanks in advance for your help and understanding with regard to our short time frame. 111 • Jeff Peters Assistant Planner City of Yakima 509 - 575 -6163 II . DOC. INDEX 1 # b 3 1/18/2008 • r 1- W: L>.ty of Yakima CAO questions • Page 1 of 2 1 Peters, Jeff . . From:. Kohn,.Lynn (CTED) [LynnK @CTED.WA.GOVj . • 1 Sent: Thursday, September 13, 2007 3:25 PM • To: Peters, Jeff • • 1 Subject: FW: City of Yakima CAO questions Hi Jeff, I Tim Gates drafted the following 0 & A's based on your conversation with him and mine with him after our meeting. Please make sure we captured the right questions and if there are . changes, please let me know and I'll forward them on. • 1 Thanks. • • • I Lynn Kohn Senior Planner CTED Growth Management Services • 1 360.725.3042 • I From: Gates, Tim (CTED) • • Sent: Thursday, September 13, 2007 12:33 PM I To: Peters, Douglas (CTED); Bauer, Leonard (CTED); Kohn, Lynn (CTED) Subject: City of Yakima CAO questions I I have some questions about CAOs from Jeff Peters of the City of Yakima. The county did a "region- wide" BAS review and then developed a county CAO which hasn't been adopted yet. . I The idea was cities could rely on this BAS and public process - adopting the county's CAO or tailoring it to their circumstances. The city is having their first meeting with their Planning Commission and have questions mostly about.avoiding noncompliance, because they depends on PWTF money. I Here are my preliminary answers to his questions. Please Reply All if you have edits. Lynn, I assume you will take' it from here and get a final written response back to Jeff at the city. I Q. 1. If the county is appealed based on inappropriate BAS is the city considered noncompliant for purposes of grant money because they relied on county information? I A. No. Only if a jurisdiction is late for a deadline or is subject to an actual Board decision of noncompliance and /or invalidity are they considered ineligible for grant funds. • Q. 2 If the county is found noncompliant and /or invalid, will the City automatically also be found noncompliant- , and /or invalid because they relied on county BAS? A. No. The city would not automatically be found noncompliant and /or invalid. The city's action to adopt their CAO 1 • would need to be challenged separately from the county action. Q. 3 If the city is challenged together with the county will the city need to wait for the county to get into compliance I because they relied on county BAS throughout the early CAO development process? Doc. • INDEX • 1 1/18/2008 # r ` Z .��__ I W: Lay of Yakima LAU. questions Page 1 of G ' • A. The city's ordinance would probably need to be challenged in a separate action. Therefore, the city should be able to seek compliance separately from the county, using its own public process to get input on the specific ways they are varying from the county standards. Q. 4 Can the city modify county standards w/o having to do the whole BAS process over? 1 A. The city can do BAS review on just on the parts of their city CAO that are different. Q. 5 What about reducing some buffers that don't make sense in cities? For example, some wetland buffers might be too big for the city - it will create lots of nonconforming uses and requiring need for many variances. Furthermore, it conflicts with other GMA goals. A. The city should ensure they have the record to support their decisions if they vary from the science they depend on. See 05 -3 -0034, DOE /CTED, et al v. City of Kent, Final Decision and Order (April 19, 2006), one of several cases that clarify that protecting Critical Areas is a requirement, local governments can't balance goals against requirements. We strongly suggest the city work with Ecology and seek their support for city - appropriate standards based on BAS and information specific to the city. Q. 6. Can the city rely on SEPA review from its 1997 CAO update (which was a DNS)? A. Look into how SEPA was done on the county BAS update. Do a new SEPA for city action, reference the county effort but focus on areas where your ordinance differs from the county. • 1 • • 1 • 1 1 1 • • 1 1 • 1 1 DOC. INDEX # b -2 111 1/18/2008 - - -- __-- --- - -- • 1 City of Yakima LAU questions Page 1 of 2 Peters, Jeff From: Kohn, Lynn (CTED) [LynnK @CTED.WA.GOV] • Sent: Thursday, September 20, 2007 10:43 AM To: Maples, Doug; Peters, Jeff; bbensen @ci.yakima.wa.us • Subject: FW: City of Yakima CAO questions Leonard Bauer and Doug Peters both agreed with Tim's responses below. 1 From: Bauer, Leonard (CTED) • ' • Sent: Wednesday, September 19, 2007 5:46 PM • To: Gates, Tim (CTED); Peters, Douglas (CTED); Kohn, Lynn (CTED) Subject: RE: City of Yakima CAO questions Good, concise responses • Leonard Bauer, .Managing Director ' Growth Management Services Dept. of Community, Trade & Economic Development 1 • PO Box 42525 Olympia, WA 98504 360- 725 -3055 • I leonardb@cted.wa.gov www.cted.wa.gov/growth • • 1 • From: Gates, Tim (CTED) Sent: Thursday, September 13, 2007 12:33 PM • To: Peters, Douglas (CTED); Bauer, Leonard (CTED); Kohn, Lynn (CTED) I Subject: City of Yakima CAO questions I have some questions about CAOs from Jeff Peters of the City of Yakima. 1 The county did'a "region- wide" BAS review and then developed a county CAO which hasn't been adopted yet. The idea was cities could rely on this BAS and public process - adopting the county's CAO or tailoring it to their circumstances. The city is having their first meeting with their Planning Commission and have questions mostly about avoiding noncompliance, because they depends on PWTF money. Here are my preliminary answers to his questions. Please Reply All if you have edits. Lynn, I assume you will take it from here and get a final written response back to Jeff at the city. I If the county i 0. 1. y s appealed based on inappropriate BAS is the city considered noncompliant for purposes of grant money because they relied on county information? A. No. Only if a jurisdiction is late for a deadline or is subject to an actual Board decision of noncompliance and /or invalidity are they considered ineligible for grant funds. 1 O. 2 If the county is found noncompliant and /or invalid, will the City automatically also be found[? erpmpliant INDEX ' 1/18/2008 # D — ----- r W : City of Y amnia UAU questions Page 2 of 2 • and /or invalid because they relied on county BAS? A. No. The city would not automatically be found noncompliant and /or invalid. The city's action to adopt their CAO would need to be challenged separately from the county action. Q. 3 If the city is challenged together with the county will the_city need to wait for the county to get into compliance because they relied on county BAS throughout the early CAO development process? A. The city's ordinance would probably need to be challenged in a separate action. Therefore, the city should be able to seek compliance separately from the county, using its own public process to get input on the specific ways they are varying from the county standards. Q. 4 Can the city modify county standards w/o having to do the whole BAS process over? A. The city can do BAS review on just on the parts of theft city CAO that are different. 1 • Q. 5 What about reducing.some buffers that don't make sense in cities? For example, some wetland buffers might be too big for the city - it will create lots of nonconforming uses and requiring need for many variances. Furthermore, it conflicts with other GMA goals. A. The city should ensure they have the record to support their decisions if they vary from the science they depend on. See 05 -3 -0034, DOE /CTED, et al v. City of Kent, Final Decision and Order (April 19, 2006), one of several cases that clarify that protecting Critical Areas is a requirement, local governments can't balance goals against requirements. We strongly suggest the city work with Ecology and seek their support for city- appropriate standards based on BAS and information specific to the city. Q. 6. Can the city rely on SEPA review from its 1997 CAO update (which was a DNS)? A. Look into how SEPA was done on the county BAS update. Do a new SEPA for city action, reference the county 1 effort but focus on areas where your ordinance differs from the county. • 1 1 1 • 1 1 • • 1 • 1 DOC. INDEX ID 1 1/18/2008 1 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 EXHIBIT LIST 1 CHAPTER E SEPA Review EXHIBIT # DOCUMENT DATE ' E -1 SEPA Check List and Application PP 11 -15 -07 1 E -2 Notice of Preliminary Determination of Non Significance 11 -26 -07 E -3 Agencies and Parties Notified 11 -26 -07 ' - E -4 Affidavit of Mailing 11 -26 -07 1 E -5 Legal Notice 11 -26 -07 E -6 Press Release 11 -26 -07 1 E -7 Notice of Final Determination of Non Significance g 01 -31 -08 E -8 Agencies and Partied Notified 1 -31 -08 E -9 Affidavit of Mailing 1 -31 -08 E -10 Legal Notice 1 -31 -08 1 E -11 Press Release 1 -31 -08 1 1 1 1 1 1 . ' Press Release • CITY OF YAKIMA SEPA FINAL DETERMINATION OF NONSIGNIFICANCE I AND • NOTICE OF INCORPORATION BY REFERENCE • January 31,, 2008 Description of proposal: Update of the City of Yakima's existing Critical Areas Ordinance (CAO) (UAZO Ch. 15.27). In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area Comprehensive Plan, Plan 2025, which contains goals and policies that protect critical areas and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of i Plan 2025, the City is proposing to update its Critical Areas Ordinance, Chapter 15.27 Yakima Municipal Code. The proposed CAO document can be accessed on the City of Yakima's ' website at: http: / /www.ci.yakima.wa.us /services /planning. The proposed CAO is based on a review of the best available science as required by state law, while balancing other state requirements and community goals. The City is required to develop a public record of the scientific information and analysis of options related to critical areas. This information has been considered in the development of the CAO language. Public arid agency comments were received on a draft CAGdocument. These comments were ' received in response to the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference, which was issued on November 26, 2007, and which established a comment deadline of December 17, 2007. Public review of the draft CAO also 1 occurred during a series of public workshop meetings held by the Regional Planning Commission. These meetings occurred approximately weekly, beginning on September 12, • 2007, and continuing through November 28, 2007. A public hearing of the RPC was noticed in a local newspaper of record on January 11, 2008, and said hearing occurred on January 23, 2008. • Five interested persons appeared at the hearing and four persons commented to the RPC regarding the CAO. The RPC deliberated on suggested edits and reached consensus to amend the CAO to address most of the comments received. The RPC directed City staff to complete a final version of the draft CAO. As a result of the public participation process, the draft CAO has been revised and bears a final revision date of January 29, 2008 (the "final CAO "). Many revisions were intended to improve syntax, logic, and readability, but some changes have been substanti ve. The City has determined that neither the changes made to the draft CAO nor comments received during the public review process indicate that the proposed final CAO is likely to have • significant adverse environmental impacts. The City has further determined that the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference may be used for the proposed final CAO in conjunction with this SEPA Final Determination of Nonsignificance and Notice of Incorporation by Reference without the preparation of a different threshold determination. The City's Final Determination of Nonsignificance is now being issued for the proposed final CAO as of the date below. • Proponent: City of Yakima Codes Administration & Planning Division 129 N. 2' Street - Yakima, WA 98901 Location of proposal: City -wide within the corporate boundaries of the City of Yakima Lead Agency: City of Yakima File Number: EC #52 -07 DOC. Incorporation by Reference: • INDEX # - J / • • 1 The following documents are incorporated by reference as allowed under WAC 197 -111 -635 and can be viewed at the City of Yakima Codes Administration and Planning Department: 1. SEPA/GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document is to update Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan 1 with policies to address growth for a 20 -year planning period through the year 2025 • within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science The above document describes, on a programmatic level, the natural and built environmental features, functions, and values of critical areas located in the City of 1 Yakima. 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 • 1 Description: The purpose of the above report is to meet state requirements to include best available science in development of policies and regulations to protect critical areas. Changes in state law direct the County and/or City to document the best available science it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. Determination: The lead agency for the proposed final CAO has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. • • 1✓ There is no comment period for this DNS This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. r 1 This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: Responsible official: William R. Cook Position/Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 Street, Yakima, WA 98901 Date January 31, 2008 1 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. no later than: by (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. • Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. - 1✓ DOC. There is no agency appeal. INDEX • 1 1 - • 1 Legal Notice • • CITY OF YAKIMA SEPA FINAL DETERMINATION OF NONSIGNIFICANCE AND NOTICE OF INCORPORATION BY REFERENCE I January 31, 2008 Description of proposal: Update of the City of Yakima's existing Critical Areas Ordinance • (CAO) (UAZO Ch. 15.27). I In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington . Growth Management Act, the City of Yakima has adopted an updated Urban Area Comprehensive Plan, Plan 2025, which contains goals and policies that protect critical areas and I natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025, the City is proposing to update its Critical Areas Ordinance, Chapter 15.27 Yakima • Municipal Code. The proposed CAO document can be accessed on the City of Yakima's I website at: http: / /www.ci.vakima.wa.us /services /planning. The proposed CAO is based on a review of the best available science as required by state law, while balancing other state . requirements and community goals. The City is required to develop a public record of the I scientific information and analysis of options related to critical areas. This information has been considered in the development of the CAO language. Public and agency comments were received on a draft CAO document.• These comments were . 1 received in response to the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference, which was issued on November 26, 2007, and which . established a comment deadline of December 17, 2007. Public review of the draft CAO also 1 occurred during a series of public workshop meetings held by the Regional Planning • Commission. These meetings occurred approximately weekly, beginning on September 12, 2007, and continuing through November 28, 2007. A public hearing of the RPC was noticed in a I local newspaper of record on January 11, 2008, and said hearing occurred on January 23, 2008. Five interested persons appeared at the hearing and four persons commented to the RPC regarding the CAO. The RPC deliberated on suggested edits and reached consensus to amend I the CAO to address most of the comments received. The RPC directed City staff to complete a final version of the draft CAO. As a result ()tithe public. participation process, the draft CAO has been revised and bears a final revision date of January 29, 2008 (the "final CAO "). Many I . revisions were intended to improve syntax, logic, and readability, but some changes have been substantive. - The City has determined that neither the changes made to the draft CAO nor comments received I during the public review process indicate that the proposed final CAO is likely to have significant adverse environmental impacts. The City has further determined that the City's I SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference may be used for the proposed final CAO in conjunction with this SEPA Final Determination of Nonsignificance and Notice of Incorporation by Reference without the preparation of a different I threshold determination. The City's Final Determination of Nonsignificance is now being issued for the proposed final CAO as of the date below. Proponent: City of Yakima Codes Administration & Planning Division • I 129 N. 2 Street Yakima, WA 98901 Location of proposal: City -wide within the corporate boundaries of the City•of Yakima I Lead Agency: City of Yakima File Number: EC #52 -07 DOC. Incorporation by Reference: • INDEX 1 # E -1C= 1 The following documents are incorporated by reference as allowed under WAC 197 -111 -635 and 1 can be viewed at the City of Yakima Codes Administration and Planning Department: 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document is to update Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science The above document describes, on a programmatic level, the natural and built environmental features, functions, and values of critical areas located in the City of Yakima. 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 1 Description: The purpose of the above report is to meet state requirements to include best available science in development of policies and regulations to protect critical areas. Changes in state law direct the County and/or City to document the best available science 1 it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. 1 Determination: The lead agency for the proposed final CAO has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. I✓ There is no comment period for this DNS - r This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this 1, proposal for 20 days from the date below. Comments must be submitted by: Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 " Street, Yakima, WA 98901 Date January 31, 2008 r You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. no later than: by (method) Complete appeal application form arid payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. There is no agency appeal. DOC. INDEX 1 1 Please publish only once on Thursday, January 31, 2008. . Send affidavit of publication and invoice to: . . Account #11002 I City of Yakima, Planning Division 129 North 2 Street Yakima, WA 98901 1 1 1 . • 1 1 • 1 . 1; 1 1 1 1 Doc. . INDEX I # £ • 1 1 AFFIDAVIT OF MAILING • STATE OF WASHINGTON CITY OF YAKIMA 1 Re: UAZO EC #52 -07 • Critical Areas Ordinance Corporate boudaries within the City of Yakima I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have 1 dispatched through the United States Mails, a Notice of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies, and all interested parties of record. That said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 31st day of January , 2008. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 1 ( , '2/Z. Gam- , 1 Rosalinda lbarra Planning Specialist �. 1 1 1 DOC. 1 INDEX # £ t D -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Mr. Greg Griffith Div. of Archeol & Hist. Pres. It O Box c -3755 713 Bowers Rd PO Box 48343 eattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 Sheila Ross Cascade Natural Gas Dept of Soc /Health Service 5 , Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. 1 Ave - 1433 Lakeside Ct. Ste102 'Yakima, WA 98902 MS OB-23B Yakima, WA 98902 Olympia, WA 98504 "'Chamber of Commerce Dept. of Health • City of Union Gap Michelle Vazquez 10 N 9 St. PO Box 3008 Yakima, WA 98901. 1500 W. 4 ti, Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Gary W. Pruitt I Dept. of Transportation . Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2 " St., Room 1016 2809 Rudkin Road 8 S. 2 Ave'. Room 304 Yakima, WA 98901 'Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency • Yakima Co. Commissioners Mr. Lee Faulconer 1 1200 6"' Ave. MS 623 V 128 North 2 " Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 1 Yakima Co Health Dist w 1 G en Clear FAA 2200 W. Washington Art McKuen Dept of Ecology ' Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 'Mr. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co • 128 N 2 " St. - PO Box 47703 6111 Tieton Drive 'Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 r Vern Redifer Chuck Hagerhjelm Pacific Power Yakima Co Pub. Services WA State Emergency Mgmt. Div. Mike Paulson • 128 N 2 " St., 4 Floor Mitigation, Analysis & Planning Mgr 500 N. Keys Rd 1 Yakima, WA 98901 • Building 20 Yakima, WA 98901 Camp Murray, WA 98430 -5122 r. Bill Bailey Cultural Resources Program Dept. of CTED Johnson Meninick, Mgr lir aki N. Cntt. Dev. Floor Serv. Ctr. 128 N Yakama Indian Nation Growth Management Services . 2 "d St. 4 "' Floor PO Box 42525 PO Box 151 Yakima, WA 98901 Olympia, WA 98504 -2525 1 Toppenish, WA .98948 • Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation � O Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 DOC. PO Box 151 INDEX Toppenish, WA 98948 .1 Federal Aviation Administration Environmental Coordinator Cayla Morgan, Airport Planner Mr. Doug Mayo Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 WSDOT Aviation Division Lavina Washines Chairman • Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm Worker Housing 3704 172 ❑d St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 1 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 • Soil Conservation Dist Donna J. Bunten Eric Bartrand 1 Attn: Ray Wondercheck Critical Areas Coordinator Dept. of Fisheries 1606 Perry St Suite F D.O.E., Shorelands & Environ. 1701 S. 24 Ave PO Box 47600 .1 Yakima, WA 98902 Yakima, WA 98902 Olympia, WA 98504 -7600 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor . 1 Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 1 Yakima School District WV School District Attn: Ben Soria Yakima Greenway Foundation Attn: Peter Ansingh 1 104 N. 4 Ave 111 S. 18 St. 8902 Zier Road Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98908 • Dept. of Archaeology & Historic Preservation PO Box 48343 • Olympia, WA 98504 -8343 • 1 1 i 1 1 DOC. 1 INDEX # -S 1 STATE AGENCIES REVIEWING Rebecca Barney Lorinda Anderson COMP PLANS Dept of Corrections Interagency Comm. Outdoor Recreation • 11 . REVISED NOVEMBER 2007 P O Box 41 112 y P O Box 40917 Olympia, WA. 98504 -1112 Olympia, WA. 98504 -0917 T Bill Koss Elizabeth McNagny Bill Wiebe Parks & Recreation Commission Dept of Social & Health Svcs Dept. of Transportation I PO Box 42650 P O Box 45848 P O Box 47300 Olympia, WA. 98504 2650 Olympia WA. 98504-5848 • Olympia, WA. 98504 -7360 r Kelly Cooper SEPA/GMA Coordinator Jennifer Hayes Dept of Health / Drinking Water Dept. of Ecology Dept of Fish & Wildlife P O Box 47820 P O Box 47600 P O Box 43155 1 Olympia, WA. 98504 -7820 Olympia, WA. 98504 -7600 • Olympia, WA. 98504 -3155 • • Hugo Flores Review Team I . Ron Shultz WA State Dept of Natural Resources Puget Sound Water Quality CTED • GMA/SMA Planning & State.Harbor Areas P 0 Box 40900 Growth Management Svcs P 0 Box 47027 Olympia WA. 98564-0900 P O Box 42525 • 1 Olympia WA. 98504-7027 ; . Olympia, WA. 98504 -2525 1 1 1 • • 1 - 1 1 • 1 1 • 1 • • 1 DOC. INDEX 1 1 Bill Cook - Doug Maples Director, CED City Legal Planning & Code Admin. Mgr 1 DECISIONS ONLY City Clerk Carolyn Belles Mike Antijunti DECISIONS ONLY Codes Engineering 111 Sandy Cox Codes Charlie Hines Sam Granato DECISIONS ONLY Fire Chief Police Chief Bill Cobabe Binder / File /Mail Joan Davenport DECISIONS ONLY ONDS Mgr Traffic Engineering 1 1 1 1 1 ,. 1 1 1 DOC. INDEX i • • • • i 1 1 NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) 1 January 31, 2008 1 • On November 26, 2007, the City of Yakima, Washington issued a Preliminary Determination of Non - Significance and Environmental Review regarding an environmental checklist application submitted by the City of Yakima Community and Economic Development Department. This review concerns the environmental review of proposed Critical Area development regulations which the City of Yakima is proposing to adopt. 1 • Location: City of Yakima Urban Area Parcel Number(s): N/A City File Number: UAZO EC #52 -07 1 Following the initial 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed Final SEPA Threshold Decision. For further information or assistance, you may wish to contact Jeff Peters, Assistant Planner at (509) 575- 6163 at the City Planning Division: • ac 1 Doug Maples l� Planning & Code Administration Manager • Notice of Decision Mailing Date: January 31, 2008 Enclosures: Final SEPA Determination of Nonsignificance, Site Plan, Vicinity Map, and Mailing • 1 • Map • 1 • DOC, INDEX . 1 # E - � i CITY OF YAKIMA 1 SEPA FINAL DETERMINATION OF NONSIGNIFICANCE• AND NOTICE OF INCORPORATION BY REFERENCE • January 31, 2008 1 Description of proposal: Update of the City of Yakima's existing Critical Areas Ordinance (CAO) (UAZO Ch. 15.27). , In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington • Growth Management Act, the City of Yakima has adopted an updated Urban Area 1 Comprehensive Plan, Plan 2025, which contains goals and policies that protect critical areas and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025, the City is proposing to update its Critical Areas Ordinance, Chapter 15.27 Yakima 1 Municipal Code. The proposed CAO document can be accessed on the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning. The proposed CAO is based on a review of the best available science as required by state law, while balancing other state requirements and community goals. The City is required to develop a public record of the scientific information and analysis of options related to critical areas. This information has been considered in the development of the CAO language. 1 Public and agency comments were received on a draft CAO document. These comments were received in response to the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference, which was issued on November 26, 2007, and which established a comment deadline of December 17, 2007. Public review of the draft CAO also occurred during a series of public workshop meetings held by the Regional Planning Commission. These meetings occurred approximately weekly, beginning on September 12, 2007, and continuing through November 28, 2007. A public hearing of the RPC was noticed in a local newspaper of record on January 11, 2008, and said hearing occurred on January 23, 2008. Five interested persons appeared at the hearing and four persons commented to the RPC regarding the CAO. The RPC deliberated on suggested edits and reached consensus to amend the CAO to address most of the comments received. The RPC directed City staff to complete a final version of the draft CAO. As a result of the public participation process, the draft CAO has been revised and bears a final revision date of January 29, 2008 (the "final CAO "). Many revisions were intended to improve syntax, logic, and readability, but some changes have been substanti ve: The City has determined that neither the changes made to the draft CAO nor comments received during the public review process indicate that the proposed final CAO is likely to have significant adverse environmental impacts. The City has further determined that the City's SEPA Preliminary Determination of Nonsignificance and Notice of Incorporation by Reference may be used for the proposed final CAO in conjunction with this SEPA Final Determination of Nonsignificance and Notice of Incorporation by Reference without the preparation of a different threshold determination. The City's Final Determination of Nonsignificance is now being issued for the proposed final CAO as of the date below. Proponent: City of Yakima Codes Administration & Planning Division DOC. r p 129 N. 2 ° `' Street g INDEX_ # C�� 1 Yakima, WA 98901 Location of proposal: City -wide within the corporate boundaries of the City of .Yakima Lead Agency: City of Yakima File Number: EC #52 -07 Incorporation by Reference: The following documents are incorporated by reference as allowed under WAC 197 - 111 -635 and can be viewed at the City of Yakima Codes Administration and Planning Department: 1 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. 1 Description: The purpose of the above document is to update Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science The above document describes, on a programmatic level, the natural and built environmental features, functions, and values of critical areas located in the City of Yakima. 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 • 1 Description: The purpose of the above report is to meet state requirements to include best available science in development of policies and regulations to protect critical areas. Changes in state law direct the County and/or City to document the best available science it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. Determination: ' The lead agency for the proposed final CAO has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed 1 environmental checklist and other information on file with the lead agency. This information is available to the public on request. • • There-is no comment period for this DNS • This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. DOC. INDEX # E -7 1 1 This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: Responsible official: William R. Cook 1 Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 1 • Address: 129 N 2 " Street, Yakima, WA 989 Date January 31, 2008 Signature You may appeal this determination to: , • - pies, Building Codes & Planning Manager, 1 at 129 N 2 Street, Yakima, WA 98901. no later than: 1 by (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. 1 There is no agency appeal. 1 1 1 1 1 1 DOC. 1 INDEX E-7 r ' Press Release ' CITY OF YAKIMA - SEPA PRELIMINARY DETERMINATION OF NONSIGNIFICANCE • • AND NOTICE OF INCORPORATION BY REFERENCE November 26, 2007 • Description of proposal: Draft update of the City of Yakima's existing Critical Areas Ordinance (CAO) (UAZO Ch.• 1527). In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area ' Comprehensive Plan, Plan 2025, which contains goals and policies which protect critical areas and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and • policies of Plan 2025 the City is proposing to,update its Critical Areas Ordinance, Yakima ' Municipal Code Chapter 15.27. The proposed draft CAO document can be accessed on the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning. Proponent: City of Yakima Codes Administration & Planning Division 129 N. 2 " Street Yakima, WA 98901 Location of proposal: Corporate Boundaries of the City of Yakima ' Lead Agency: City of Yakima File Number: EC #52 -07 Incorporation by Reference: The following documents are incorporated by reference as allowed under WAC 197- 111 -635 and can be viewed at the City of Yakima Codes Administration and Planning Department: 1. SEPA /GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document as originally intended is to update • Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science. • 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 Description: The purpose of the above report is to meet state requirements to include best available science (BAS) in development of policies and regulations to protect critical areas. Changes in state law direct the County and/or City to document the best available science it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical ' areas if the County and/or City depart form science -based recommendations. Determination: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not.required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is ' available to the public on request. DOC. There is no comment period for this DNS INDEX # e 6 I This DNS is issued after P using g the optional DNS process in WAC 197 -11 -355. 1 P There is no further comment period on the DNS. This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act.on this proposal for 20 days from the date below. Comments must be submitted by: December 17, 2007. 1 Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2nd Street, Yakima, WA 98901 Date November 26, 2007 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, 1 at 129 N 2nd Street, Yakima, WA 98901. no later than: by (method) Complete appeal application form and payment of $505 appeal fee. 1 You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. There is no agency appeal. 1 t 1 • 1 1 1 DOC. INDEX 1 L._I i 1 Legal Notice 1 CITY OF YAKIMA SEPA PRELIMINARY DETERMINATION OF NONSIGNIFICANCE AND . 1 NOTICE OF INCORPORATION BY REFERENCE . November 26, 2007 • Description of proposal: Draft update of the City of Yakima's existing Critical Areas I Ordinance (CAO) (UAZO Ch. 15.27). In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area I Comprehensive Plan, Plan 2025, which contains goals and policies which protect critical areas and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and policies of Plan 2025 the City is proposing to update its Critical Areas Ordinance, Yakima I Municipal Code Chapter 15.27. The proposed draft CAO document can be accessed on the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning. . Proponent: City of Yakima Codes Administration & Planning Division • II 129 N. 2 Street Yakima, WA 98901 Location of proposal: Corporate Boundaries of the City of Yakima 1 Lead Agency: City of Yakima File Number: EC #52 -07 Incorporation by Reference: 1 . The following documents are incorporated by reference as allowed under WAC 197 - 111 -635 and can be viewed at the City of Yakima Codes Administration and Planning Department: . 1. SEPA/GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final 1 Environmental Impact Statement, adopted December 12, 2006. Description: ' The purpose of the above document as originally intended is to update Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all I sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance • using Best Available Science. 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance I Update, October 2006 Description: The purpose of the above report is to meet state requirements to include best available science (BAS) in development of policies and regulations to protect critical areas. Changes in state law direct the County and/or City to document the best available I . science it considered, to explain its rationale for departing from science -based recommendations, and to identify potential risks to the functions and values of the critical areas if the.County and/or City depart form science -based recommendations. I etermination: The lead agency for this proposal has determined that it does not have a probable significant I adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is I available to the public on request. 1— DOC. There is no comment period for this DNS • INDEX 1 This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: December 17, 2007. Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 Street, Yakima, WA 98901 Date November 26, 2007 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. - no later than: by (method) Complete appeal application form and payment of $505 appeal fee. 1 You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. 1 E There is no agency appeal. PLEASE PUBLISH ONLY ONE TIME ON MONDAY NOVEMBER 26, 2007 Mail invoice and affidavit - of publication to: 1 Account #11002 City of Yakima, Planning Division 129 N. 2 Street Yakima, WA 98901 1 1 1 1 1 1 DOC. 1 INDEX 1 1 AFFIDAVIT OF MAILING 1 STATE OF WASHINGTON 1 CITY OF YAKIMA Re: EC #52 -07 ' City of Yakima Critical Areas Ordinance 1 I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the listed SEPA agencies and are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 26 day of November ,2007. 1 That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 1 Myron Menard Planning Specialist 1 1 1 1 DOC. INDEX # y SEPA Reviewer ' OD -R G, Mr. Greg Griffith Army Corps Dept. of Natural Resources Div. of Archeol & Hist. Pres. 1 PO Box c -3755 713 Bowers Rd PO Box 48343 Seattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 Sheila Ross 1 Dept of Soc/Health Service Cascade Natural Gas Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. 1 Ave MS OB -23B 1433 Lakeside Ct. Ste102 1 Yakima, WA 98902 Yakima, WA 98902 Olympia, WA 98504 Chamber of Commerce Dept. of Health 1 10N9 Michelle Vazquez City of Union Gap Yakima, WA 98901 1500 W. 4` Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 1 Dept. of Transportation Tom McAvoy Gary W. Pruitt De p p Y Clean Air Authority 1 Planning Engineer Q -West 6 S. 2 " St., Room 1016 2809 Rudkin Road 8 S. 2 " Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 _ 1 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer 1200 6 Ave. MS 623 128 North 2 Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 1 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 I Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology 1 Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2 St. PO Box 47703 6111 Tieton Drive 1 Yakima, WA 98901 Olympia, WA 98504 -7703 • Yakima, WA 98908 Mr. Vern Redifer Chuck Hagerhjelm 1 Yakima Co Pub. Services WA State Emergency Mgmt. Div. Pacific Power 128 N 2 " St., 4` Floor Mitigation, Analysis & Planning Mgr Mike Paulson Yakima, WA 98901 Building 20 500 N. Keys Rd 1 Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED 1 Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr 2nd Y a Yakama Indian Nation Growth Management Services 128 N. 2 Si. 4 Floor p0 Box 151 PO Box 42525 Yakima, WA 98901 Toppenish, WA 98948 Olympia, WA 98504 -2525 1 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation 1 PO Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 HOC. PO Box 151 INDEX Toppenish, WA 98948 # 3 1 Federal Aviation Administration istration Cayla Morgan, Airport Planner Environmental Coordinator fr. Doug Mayo • Seattle Airports District Office Bureau of Indian Affairs astewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish, WA 98948 • I VSDOT Aviation Division Lavina Washines, Chairman Mr. May Miller John Sambaugh Yakama Tribal Council Office of Farm Worker Housing 1 704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 rlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Donna J. Bunten oil Conservation Dist Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck Dept. of Fisheries 1606 Perry St Suite F D.O.E., Shorelands & Environ. y PO Box 47600 1701 S. 24 Ave Ia(ima, WA 98902 Olympia, WA 98504-7600 • Yakima, WA 98902 I artin Humphries Mr. Scott Nicolai Mr. Buck Taylor akima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151. 2400 W. Washington Ave t akima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District Yakima Greenway Foundation WV School District ttn: Ben Soria cn Attn: Peter Ansingh 04 N. 4 Ave 111 S. 18 St. Yakima, WA 98901 8902 Zier Road Yakima, WA 98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 p gy o 1 Olympia, WA 98504 -8343 1 1 1 • 1 1 • 1 DOC. ' INDEX E--= 1 1 Rebecca Barney Lorinda Anderson Bill Koss Dept of Corrections Interagency Comm. Outdoor Recreation Parks & Recreation 1 POBox41112 PO Box 40917 POBox42650 Olympia, WA. 98504-1112 Olympia, WA. 98504 -0917 Olympia, WA. 98504 -2650 Elizabeth McNagny Bill Wiebe Kelly Cooper 1 Dept of Social & Health Svcs Dept. of Transportation Dept of Health / Drinking Water P O Box 45848 P O Box 47300 P O Box 47820 1 Olympia WA. 98504 -5848 Olympia, WA. 98504 -7360 Olympia, WA. 98504 -7820 SEPA/GMA Coordinator Jennifer Hayes Anne Sharar 1 Dept. of Ecology Dept of Fish & Wildlife Dept of Natural Resources POBox47600 PO Box 43155 PO Box 47001 Olympia, WA. 98504 -7600 Olympia, WA. 98504 -3155 Olympia WA. 98504 -7001 1 Ron Shultz Review Team Puget Sound Water Quality CTED 1 P 0 Box 40900 Growth Management Svcs Olympia, WA. 98504 -0900 P 0 Box 42525 Olympia, WA. 98504 -2525 1 1 1 1 1 1 1 1 1 1 DOC. INDEX 1 # i✓ 3 1 1 1 • • • 1 r FD NOTICE OF ELISION Compliance with the Washington State Environmental Policy Act (SEPA) November 26, 2007 • The City of Yakima, Washington following review of its draft Critical Areas Ordinance by the Regional Planning Commission and public in attendance is issuing the enclosed Preliminary SEPA Threshold Decision 1 Location: Corporate Boundaries of the City of Yakima. rP Y City File Number: UAZO EC #52 -07 For further information or assistance, you may wish to contact Jeff Peters, Assistant Planner at 1 • (509) 575 -6163 at the City Planning Division. • rcz'ID 4171 • • 1 1 Doug Maples Planning & Code Administration Manager . 1 Notice of Decision Mailing Date: November 26, 2007 • Enclosures: SEPA Preliminary Determination of Nonsignificance 1 1 1 • • r DOC. INDEX 1 • # z • 1 CITY OF YAKIMA SEPA PRELIMINARY DETERMINATION OF NONSIGNIFICANCE AND NOTICE OF INCORPORATION BY REFERENCE November 26, 2007 1 Description of proposal: Draft update of the City of Yakima's existing Critical Areas • Ordinance (CAO) (UAZO Ch. 15.27). 1 In accordance with the Revised Code of Washington (RCW) 36.70.A.20(10) and the Washington Growth Management Act, the City of Yakima has adopted an updated Urban Area ' Comprehensive Plan, Plan 2025, which contains goals and policies which protect critical areas • and natural resource lands. Now in accordance with RCW 36.70A.040 and the goals and • policies of Plan 2025 the City is proposing to update its Critical Areas Ordinance, Yakima 1 Municipal Code Chapter 15.27. The proposed draft CAO document can be accessed on the City of Yakima's website at: http: / /www.ci.yakima.wa.us /services /planning. Proponent: City of Yakima Codes Administration & Planning Division 129 N. 2 Street Yakima, WA 98901 1 Location of proposal: Corporate Boundaries of the City of Yakima Lead Agency: Y Cit of Yakima 111 File Number: EC #52 -07 ' Incorporation by Reference: The following documents are incorporated by reference as allowed under WAC 197 - 111 -635 and can be viewed at the City of Yakima Codes Administration and Planning Department: 1. SEPA/GMA City of Yakima Urban Area Comprehensive Plan 2025 Integrated Final Environmental Impact Statement, adopted December 12, 2006. Description: The purpose of the above document as originally intended is to update • Development Regulations and Final Environmental Impact Statement (EIS), and provide an updated land use plan with policies to address growth for a 20 -year planning period through the year 2025 within the Yakima Planning Area. The Plan includes updates to all sections of the 1997 Comprehensive Plan including a revised Critical Areas Ordinance using Best Available Science. 1 2. Yakima County's Review of Best Available Science for Inclusion in Critical Areas Ordinance Update, October 2006 1 • Description: The purpose of the above report is to meet state requirements to include best available science (BAS) in development of policies and regulations to protect critical 1 areas. Changes in state law direct the County and/or City to document the best ati&ble science it considered, to explain its rationale for departing from science -based INDEX # E.-2. 1 • 1 recommendations, and to identify potential risks to the functions and values of the critical areas if the County and/or City depart form science -based recommendations. ' Determination: The lead agency for this proposal has determined that it does not have a probable significant ' adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the Lead agency. This information is available to the public on request. There is no comment period for this DNS This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. This DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Comments must be submitted by: • December 17, 2007. Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 • Address: 129 N 2 Street, Yakima, WA 9891 Date November 26, 2007 Signature Si • 1 g You may appeal this determination to: is • • aples, Building Codes & Planning Manager, at 129 N 2 " Street, Yakima, WA 98901. no later than: by (method) Complete appeal application form and payment of $505 appeal fee. 1 You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. 1 There is no agency appeal. 1 DOC. INDEX 1 • # • 1 CITY OF YAKIMA DRAFT CRITICAL AREAS ORD. REQUEST FOR COMMENTS November 26, 2007 , Description of proposal: Draft update of the City of Yakima's existing Critical Areas Ordinance (CAO) (UAZO Ch. 15.27). In accordance with the Revised Code of Washington (RCW) 36.70A.040, the City of Yakima is g Y requesting public comment on its proposed draft Critical Area Ordinance. The proposed draft CAO document can be accessed on the City of Yakima's website at: 111 http: / /www.ci.vakima.wa.us /services /planning, and comments must be submitted by December 17, 2007. The complete file and environmental document may be obtained at the City of Yakima Codes Administration and Planning Department. 1 Location of proposal: Corporate Boundaries of the City of Yakima File Number: EC #52 -07 1 .1 1 1 1 1 1 1 1 DOC. INDEX # E_- 1 1 CITY OF YAKIMA '� Y a ; , LAND USE APPLICATION " ; \ J DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT I 1; � � . \ 1j ? ' F 129 NORTH SECOND STREET, 2 FLOOR f ti c aRP _ ` �,p d YAKIMA, WASHINGTON 98902 " ,_,, ,,I r '' VOICE: (509) 575-6183 FAX: (509) 575-6105 1 INSTRUCTIONS — PLEASE READ FIRST Please type or print your answers clearly. Answer all questions completely. If you have any questions about this form or the application process call, come in I person or refer to the accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to I this page. to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. I PART I — GENERAL INFORMATION 1. APPLICANT NAME City of Yakima Codes Administration & Planning Division • 2. APPLICANT ADDRESS STREET 129 N. 2 " Street CITY Yakima I AND PHONE NUMBER STATE WA ZIP 98901 3. APPLICANT'S. CHECK ❑ OWNER ❑ OWNER REPRESETATIVE INTEREST IN 1 PROPERTY ONE ❑ CONTRACT PURCHASER ® OTHER . 4. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: Corporate Boundaries of the City of Yakima I 5. EXISTING ZONING OF SUBJECT PROPERTY: N/A 6. ADDRESS OF SUBJECT PROPERTY: Corporate Boundaries of the City of Yakima 1 7. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) . ❑ Class (2) Use X Environmental Checklist (SEPA) ❑ Right -of- Way.Vacation I ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption ❑ Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Non - Conforming Structure /Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other - Comp Plan Amendment PART II — SUPPLEMENTAL APPLICATION AND PART III — REQUIRED ATTACHMENTS I 8. SEE ATTACHED SHEETS PART IV — CERTIFICATION ' 9. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. ✓-■ Ii % /1 I.6 - 07 . 1 " SI : ATURE DATE Revised 9 - 98 FOR ADMINISTRATIVE USE ONLY 1 FILE No. DATE FEE PAID RECEIVED BY AMOUNT RECEIPT NO. HEARING DATE 1 ' ' REQUIRED ATTACHMENT: DOC. . . - ,4 � INDEX . 4 v.... ' ENVIRONMENTAL CHECKLIST 1 r S. t ' ,.• : 3 , � # E-1 STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197 -11 -960) ' CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) . PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you 111 should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. 111 USE OF CHECKLIST FOR NONPROJECT PROPOSALS Complete this checklist for non - project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non - project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND INFORMATION (To be completed by the applicant.) ' 1. NAME OF PROPOSED PROJECT (if applicable) Critical Areas Ordinance Update 2. APPLICANT'S NAME & PHONE Cit y of Yakima 509 -575 -6183 3. APPLICANT'S ADDRESS 129 North Second St., Yakima WA, 98901 1 4. CONTACT PERSON & PHONE Doug Maples 509 - 575 -6183 5. AGENCY REQUESTING CHECKLIST CTED & WSDOE 6. DATE THE CHECKLIST WAS PREPARED 11 -15 -07 1 Regional Planning Commission Public Hearing & City Council 7. PROPOSED TIMING OR SCHEDULE (including phasing. if Adoption Hearing Month of applicable) DOC. February, 2008. INDEX Revised 8 -04 E- 1 page 1 of 10 1 1 BACKGROUND QUESTIONS (Attach if Lengthy) 1. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? I If yes, explain. No. 1 1 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Yakima County Best Available Science Document. 1 1 • 3. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. N/A 1 1 4. List any government approvals or permits that will be needed for your proposal, if known. PP P Y P P Yakima City Council Adoption . 1 1 5. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. I There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 1 The City of Yakima is proposing to update Chapter 15.27, the Critical Areas Ordinance (CAO). 1 I 6. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, I vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Corporate Boundaries of the City of Yakima 1 DDC. INDEX 1 # • page 2of 10 1 B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) 1 Space Reserved for 1. Earth Agency Comments a. General description of the site (✓ one): Z flat ® rolling ® hilly ® steep slopes ❑ mountainous ❑ other N/A b. What is the steepest slope on the site (approximate percent slope)? Topography in the City of Yakima ranges from very steep to flat. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The City of Yakima contains all soil types as described in the United States Department of Agriculture Soil Conservation Service, Soil Survey of Yakima County Area Washington. 1 d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N/A 1 e. Describe the purpose, type, and approximate quantities of any filling or grading 1 proposed. Indicate source of fill. N/A 1 f. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. N/A g. About what percent of the site will be covered with impervious surfaces after project 1 construction (for example; asphalt or buildings)? N/A i h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: CAO update includes provisions for erosion control. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. 1 N/A DOC. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, INDEX 1 generally describe. # C-1 1 N/A • c. Proposed measures to reduce. or control emissions or other impacts to air, if any: N/A ' page 3of10 Space Reserved for 3. Water Agency Comments ' . a. Surface: ' 1. Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The City of Yakima includes a range of freshwater environments which are described in the CAO. This includes perennial, intermittent, and ephemeral ' streams, and wetlands. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material N/A • 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. N/A 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site ' plan. The City of Yakima contains Federal Emergency Management Agency (FEMA) calculated floodplains, including floodways and 100 -year floodplains. • 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A b. Ground: • 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. ' N/A 2. Describe waste material that will be discharged into the ground from septic tanks or ' other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, DOC, the number of such systems, the number of houses to be served (if applicable), or INDEX the number of animals or humans the system(s) are expected to serve. N/A the i c. Water Runoff (including stogy m water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N/A I page 4 of 10 2. Could waste materials enter ground or surface waters? If so, generally describe. Space Reserved for Agency Comments N/A d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if ' any: The CAO update includes provisions to control erosion for new development. 1 4. Plants: a. Check (✓) types of vegetation found on the site: deciduous tree: ® alder ® maple ® aspen ❑ other evergreen green: ® fir ® cedar ® pine ❑ other ® shrubs ® grass ® pasture crop or grain • wet soil plants: ® cattail ® buttercup ® bullrush ® skunk cabbage ❑ other water plants: ❑ water lily ❑ eelgrass ❑ milfoil ❑ other other types of vegetation: The City of Yakima contains a wide variety of vegetation, including native and non- native species. b. What kind and amount of vegetation will be removed or altered? N/A c. List threatened or endangered species known to be on or near the site. N/A d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The CAO update will help preserve or enhance stream, wetland, and riparian vegetation. 5. Animals: a. Check (/) any birds and animals which have been observed on or near the site or are 111 known to be on or near the site: 1) birds: ® hawk ® heron ® eagle ® songbirds 7 other 2) mammals: ® deer ❑ bear ® elk ® beaver ❑ other 3) fish: ® bass ® salmon ® trout ❑ herring ❑ shellfish DOC. ❑ other INDEX The City of Yakima contains a wide variety of mammals, including native and non - native # E-'1 species. b. List any threatened or endangered species known to be on or near the site. 1 • 1 N/A I c. Is the site part of a migration route? If so, explain. Yes — routes exist throughout the City of Yakima. 1 d. Proposed measures to preserve or enhance wildlife, if any: The CAO update will help preserve or enhance wildlife and wildlife habitat. page 5 of 10 6. Energy and Natural Resources Space Reserved for Agency Comments I a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. I N/A b. Would our project affect the potential use of solar energy by adjacent p � p gy y � t properties. If so, generally describe. 1 N/A • c. What kinds of energy conservation features are included in the plans of this proposal? 1 List other proposed measures to reduce or control energy impacts, if any: N/A I 7. Environmental Health I a. Are there any environmental health hazards, including exposure to toxic chemicals, risk • of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N/A I 1. Describe special emergency services that might be required. p g y g equ ed . N/A I 2. Proposed measures to reduce or control environmental health hazards, if any: Y The CAO update will protect against some environmental health hazards through I the Critical Aquifer Recharge Area protection approach. b . Noise I 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? . N/A I 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, I other)? Indicate what hours noise would come from the site. • N/A 1 3. Proposed measures to reduce or control noise impacts, if any: N/A • DOC I 8. Land and Shoreline Use INDEX a. What is the current use of the site and adjacent properties? # �� 1 The City of Yakima contains a wide variety of land uses throughout. b. Has the site been used for agi iculture? If so, describe. The City of Yakima contains several areas of agricultural land. c. Describe any structures on the site. , N/A d. Will any structures be demolished? If so, what? N/A e. What is the current zoning classification of the site? The City of Yakima contains a wide range of zoning districts. Page 6 of 10 I f. What is the current comprehensive plan designation of the site? Space Reserved for The City of Yakima contains a wide range of Comprehensive Plan designations. Agency Comments g. If applicable, what is the current shoreline master program designation of the site? The City of Yakima contains several critical areas which also may be near Shoreline jurisdiction. The current Shoreline Master Program includes Urban, Rural, Conservancy, and Natural environmental designations. h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. Yes. , i. Approximately how many people would reside or work in the completed project? N/A j. Approximately how many people would the completed project displace? N/A k. Proposed measures to avoid or reduce displacement impacts, if any ' N/A 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N/A 9. Housing ' a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. 111 N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. N/A c. Proposed measures to reduce or control housing impacts, if any: 1 N/A 10. Aesthetics 1 a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? N/A b. What views in the immediate vicinity would be altered or obstructed? N/A c. Proposed measures to reduce or control aesthetic impacts, if any: DOC. N/A INDEX 11. Light and Glare # �" a. What type of light or glare wii1 the proposal produce? What time of day would it mainly occur? 1 N/A b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A 1 c. What existing off -site sources of light or glare may affect your proposal? N/A • 1 d. Proposed measures to reduce or control light and glare impacts, if any: N/A page 7 of 10 12. Recreation Space Reserved for ' Agency Comments a. What designated and informal recreational opportunities are in the immediate vicinity? • There are a variety of recreational opportunities in the City of Yakima. 1 b. Would the proposed project displace any existing recreational uses? If so, describe. • N/A 1 c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 1 13. Historic and Cultural Preservation - I a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. I There are several places of historic significance throughout the City of Yakima. b . Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. 1 N/A • c. Proposed measures to reduce or control impacts, if any: 1 N/A ' 14. Transportation 1 a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. 1 The City of Yakima contains a wide range of streets and highways. • b. Is site currently serviced by public transit? If not, what is the approximate distance to 1 the nearest transit stop? The City of Yakima is currently serviced by a public transit system. 1 c. How many parking spaces would the completed project have? How many would the project eliminate? N/A 1 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or DOC, 1 private). N/A INDEX # E —I e. Will the project use (or occur in the immediate vicinity of) water, rail, or air / • transportation? If so, generally describe. N/A f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. N/A ' g. Proposed measures to reduce or control transportation impacts, if any: N/A ' • page 8 of 10 15. Public Services Space Reserved for Agency Comments a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: N/A , b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. N/A 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse , service, telephone, sanitary sewer, septic system, other. All of the above are available in the City of Yakima. b. Describe the utilities that are proposed for the project, the utility providing the service, 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.) 1 The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature Date Submitted: L•- t 07 1 D. SUPPLEMENT SHEET FOR NONPROJECT ACTIONS (To be completed by the applicant.) 1 (Do not use the following for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal wer- gr;implemented. INnFx ' # 1 1. How would the proposal be likely to increase discharge to water; emissions to air; Space Reserved for I production, storage, or release of toxic or hazardous substances; or production of noise? Agency Comments The proposal will not increase discharges or noise to the environment. The CAO update includes measures to prevent or reduce such impacts. 1 1 . page 9of10 I Space Reserved for Proposed measures to avoid or reduce such increases are: Agency Comments The CAO update would reduce and/or mitigate for such impacts resulting from development. I 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The CAO update will not increase impacts to plants, animals or fish. It is intended to protect and conserve riparian areas and wildlife habitats. I Proposed measures to protect or conserve plants, animals, fish, or marine life are: The CAO update would reduce and/or mitigate for such impacts resulting from I development. 3. How would the proposal be likely to deplete energy or natural resources? N/A 1 Proposed measures to protect or conserve energy and natural resources are: N/A I 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, I wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The CAO update is intended to protect Critical Areas (wetlands, frequently flooded areas, I fish and wildlife habitat, critical aquifer recharge areas, and geologically hazardous areas) from development impacts. Proposed measures to protect such resources or to avoid or reduce impacts are: The CAO update would reduce and/or mitigate for impacts from development to such I areas. 5. How would the proposal be likely to affect land and shoreline use, including whether it I would allow or encourage land or shoreline uses incompatible with existing plans? The proposed changes to the CAO will clarify uses currently allowed along Critical Areas by refining existing use provisions. Proposed measures to avoid or reduce shoreline and land use impacts are: I The best available science is used when reviewing existing Critical Area standards and developing new standards. The CAO update would reduce Critical Area impacts resulting from land use and development projects. I 6. How would the proposal be likely to increase demands on transportation or public services and utilities? N/A Proposed measures to reduce or respond to such demand(s) are: N/A 1 DOG. INDEX 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. # E�--- -- iii The proposal is following the Growth Management Act to protect Critical Areas, and is 1 consistent with the Urban Area Comprehensive Plan. 1 1 1 page 10 of 10 1 1 1 1 1 1 1 1 1 1 1 1 1 OC. INDEX 1 1 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) 1 UAZO EC #52 -07 1 EXHIBIT LIST CHAPTER F 1 RPC Agenda and Minutes on CAO 1 EXHIBIT DOCUMENT DATE I F -1 RPC Agenda, Minutes, and Sign -In Sheet for meeting of 09 -12 -07 September 12, 2007 F -2 RPC Agenda and Minutes for meeting of September 19, 2007 09 -19 -07 1 F -3 RPC Agenda and Minutes for meeting of September 26, 2007 09 -26 -07 F -4 RPC Agenda, Minutes, and Sign -In Sheet for meeting of 10 -03 -07 I October 3, 2007 F -5 RPC Agenda, Minutes, and Sign -In Sheet for meeting of 10 -10 -07 I F -6 October 10, 2007 RPC Agenda and Minutes for meeting of October 17, 2007 10 -17 -07 1 F -7 RPC Agenda and Minutes for meeting of October 24, 2007 10 -24 -07 F -8 RPC Agenda and Minutes for meeting of October 31, 2007 10 -31 -07 1 F -9 . RPC Agenda and Minutes for meeting of November 28, 2007 11 -28 -07 F -10 RPC Agenda, Minutes, and Sign In Sheet for meeting of 1 -23 -08 1 January 23, 2008 F=11 RPC Agenda, Minutes, and Sign In Sheet for meeting of 1 -30 -08 January 30, 2008 . 1 1 1 1 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT i,. a, William R. Cook, Director ', Doug Maples, CBO, Code Admin. and Planning Manager 4't p � ' Planning Division ,�0= 129 North Second Street, 2nd Floor Yakima, Washington 98901 ‘,", . g_ - (509) 575 -6183 e Fax (509) 575 -6105 I Agenda I Yakima Urban Area 1 Regional Planning Commission Workshop I Yakima City Hall Council Chambers 1 Wednesday January 30, 2008 3:00 p.m. - 5:00 p.m. RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen 1 Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun, & Kevin Futrell 1 . i I. Call to Order II. Approve the minutes of January 23, 2008. III. RPC Approval of Findings of Fact & Recommendations for Critical Areas I Ordinance. 1 IV. Other Business V. Adjourn I I 1 DOC. Yakima t ,,,,.,.._ INDEX "°""'"��'" I www.ci.yakima.wa.us # r II ��� --- - 1994 Yakima Urban Area Regional Planning Commission Workshop January 30, 2008 Roll Call RPC Members Present: John Hodkinson, Chairman Absent: Ted Marquis, Jerry Craig, Bernie Kline, Rockey Marshall, John Gehlsen, Charlotte Baldwin Staff Present: Jeff Peters, Assistant Planner; Rosalinda Ibarra, Planning Specialist Call to Order Chairman John Hodkinson called the meeting to order at 3:05 p.m. Mr. Hodkinson opened the meeting and informed because of a lack of a quorum this meeting 1 will be adjourned and reconvene at 4:00 p.m. this afternoon. Meeting adjourned at 3:06 p.m. 1 Roll Call RPC Members Present: John Hodkinson, Chairman; Jerry Craig, Bernie Kline, John • Gehlsen Absent: Ted Marquis, Rockey Marshall, Charlotte Baldwin Staff Present: Bill Cook, CED Director; Jeff Peters, Assistant Planner; Ken • Harper, Attorney; Rosalinda Ibarra, Planning Specialist Call to Order i Mr. Hodkinson reopened the meeting and called it to order at 4:00 p.m. Approval of Minutes 1 Motion made to approve the minutes for the meeting of January 23, 2008 was made by Bernie Kline and seconded by Jerry Craig. Motion carried unanimously. RPC Approval of Finding of Fact and Recommendation for Critical Areas Ordinance Jeff Peters thanked the RPC members that were present at the meeting. Mr. Peters proceeded by reading the 2007 Critical Areas Ordinance Findings of Fact, Conclusions and Recommendations �. document. Each member was handed out a copy to follow along. Mr. Peters also handed out the revised Final Critical Areas Ordinance Update. He updated the members that following this meeting a Final DNS would be mailed out on January 31, 2008 provided RPC adopts the Findings of Fact. A copy of the notice was provided to each of the members. Mr. Hodkinson then asked if anyone had a motion. A motion was made by Mr. Kline and seconded by Mr. Gehlsen to approve the 2007 Urban Area Critical Area Ordinance Findings of Fact. Motion carried unanimously. Jeff Peters indicated the importance of each RPC member's attendance to the weekly workshop meetings. It is very important that a quorum is present for these kinds of meetings when there is a vote taking place. No further business came before the commission. The next meeting is scheduled for February 6, 2008. Mr. Hodkinson moved to adjourn the meeting. The meeting adjourned at 4:23 p.m. DOC. 1 Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist INDEX - 1 - # F - II $ $041 I SIGN -IN S FEET 1 Yakima Urban Area Regional Planning Commission Yakima City Hall Council Chambers Workshop Wednesday, January 30, 2008 3:00 - 5:00 pm 1 PLEASE WRITE LEGIBL Y NAME ADDRESS ZIP CODE U.)c, - 3 6 /Jo ( `-\?-> I q 6 1 1 1 . 1 1 1 1 1 1 1 DOC. INDEX # j� —1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT I :�;:!� William R. Cook, Director _ � ��% Doug Maples, CBO, Code Admin. and Planning Manager V Plannin g Division '','4, I = 129 North Second Street, 2nd Floor Yakima , Washington 98901 r ,= 44 , - - - (509) 575 -6183 • Fax (509) 575 -6105 1 Agenda I Yakima Urban Area 1 Regional Planning Commission Workshop 1 Yakima City Hall Council Chambers 1 Wednesday January 23, 2008 3:00 p.m. - 5:00 p.m. RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen 1 Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun, & Kevin Futrell, Rosalinda Ibarra I I I. Call to Order II. Approve the minutes of January 2, 2008 and January 9, 2008. 1 III. Staff report and CAO opening statements. 1 IV. Critical Area Ordinance Public Hearing V. Close Public Hearing VI. Deliberate on any and all comments, changes, modifications, and /or corrections. I VII. Vote on the CAO and provide staff instruction to bring back Findings of Fact for a recommendation to the Joint elected officials Public Hearing. VIII. Other Business I IX. Adjournment Yakima' DOC. INDEX AI-Ano ,arm ww w. ci. yaki,na, wa. us # 11U11/ I 199, I • t • Yakima Urban Area Regional Planning Commission Workshop January Jan uary 23, 2008 I Call to Order Chairman John Hodkinson called the meeting to order at 3:02 p.m. Roll Call RPC Members Present: John Hodkinson, Chairman; Bernie Kline; Jerry Craig; Ted Marquis Absent: Charlotte Baldwin, John Gehlsen, Rockey Marshall Staff Present: Bill Cook, Director of Community Economic Development; Bruce Benson, Supervising Planner; Jeff Peters, Assistant Planner; Ken Harper, Attorney Others Present: Dean Patterson, County Planning; Joe Walsh, CWHBA • Mr. Hodkinson called the meeting to order. • Approval of Minutes ' Motion made to approve the minutes for the meeting of January 2, 2008 and January 9, 2008 was made by Bernie Kline and seconded by Jerry Craig. Motion carried unanimously. I Staff Report and Critical Area Ordinance Opening Statements Mr. Bill Cook presented the CAO opening statements. Over the past four years, the city and county have been working along with other jurisdictions to create the Critical Areas Ordinance document being proposed at today's meeting. The public hearing today is on this document. When the Planning Division issued a preliminary Determination of Non - Significance, it received four comment letters from agencies, which included: Yakima County Planning, Washington 1 State Department of Ecology, Washington State Department of Ecology FEMA, and Washington • State Community of Trade and Economic Development. Mr. Cook asked Jeff Peters to review the staff report and the matrix with the RPC members. Before doing so, Mr. Hodkinson asked Mr. Cook to identify the colors on the map being displayed, which showed•critical area types and locations; such as, wetlands, creeks, rivers, geohazards, etc... Mr. Jeff Peters summarized the staff report. He mentioned the process of the Critical Areas Ordinance (CAO) starting with the various RPC meetings held on CAO topics, timeline, comments received, SEPA Review, public notices, conclusions, and the staff recommendation. r The city expects to issue a Final Determination of Non - Significance following today's public hearing. Critical Area Ordinance Public Hearing • Dean Patterson, Yakima County Planning, offered testimony. He was responsible on updating 1 the CAO for Yakima County. And he made himself available for advice during the creation of the City's proposed document. One of the comments he mentioned was that the county wants to limit the number of Critical it has to administer. • There were no questions or discussion on the RPC's behalf. DOC. - 1 - INDEX 1 • # F- Joe Walsh, Central Washington Home Builders Association, offered testimony. Mr. Walsh 1 stated he has been involved in the CAO update for a few years. He thinks the CAO document is very good and user - friendly; however, there were a couple of things he wanted to point out. In Section 15.27.315 (2b), he suggests keeping the language that was previously there before. He questioned the panel as to when the CAO come into play on an application. Mr. Hodkinson added to that question asking how do planners know if there is a critical area surrounding the particular parcel. Mr. Peters responded that planners have several tools to determine that. Planners use the County GIS and maps to determine if critical areas exist. Mr. Walsh's question was to prevent lengthening the permit process for applicants: Discussion continued among staff and RPC members. Mr. Walsh asked if a map showing the critical areas would be put on the city's website. Mr. Peters replied that he would look into that. Another point Mr. Walsh made was in regards to the Subdivision Standards on Section 15.27.321 General Critical Areas 1 Protective Measures. He wasn't suggesting any changes, his concern was ownership and who would be responsible for that critical area land and/or parcel or tract. Jeff Peters and Ken Harper talked a little bit about that section. A suggestion was made to change the word shall to tray. Mr. Patterson offered clarification on the subject. That particular section reads: 1. Said critical areas shall be protected by placing them entirely within . a separate critical area tract or by including them entirely within one of the developable parcels. Other options, such as , conservation easements and building envelopes may be deemed appropriate by the Administrative Official as meeting this provision when special circumstances obstruct the viability of this • provision; The public hearing continued with Eric Bartrand, State Department of Fish and Wildlife, giving P � g testimony. He spoke about the same subject in regards to critical areas and encumbrances and added to his comments that applicants should do their research and "Buyer Beware". Mr. Walsh returned to the podium and continued on with Section 15.27.519(5) Filling. He declared his frustrations on a developer's point -of -view. Builders and developers have to comply with the Department of Ecology for their general stormwater permits. The Dept of Ecology defines the types of pollutants, one of which is rock, and the CAO states, "Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality." He isn't suggesting any change; he feels the Department of Ecology should change their standards instead. Mr. Al Brown, Yakima Greenway Foundation gave testimony. In Section 15.27.303, he suggested including bioremediation weed control measures. He is currently experimenting with Yakima County weed control district of releasing bugs that eat invasive species. He offered a little more detailed information on how this measure is working with the county weed control. Mr. Peters asked if this was something that the Department of Ecology has to approve and Mr. Brown assured that is probably the case. Mr. Harper read subsection (h) of the CAO and his understanding of it, which is that the CAO does not exclude that type of weed control measures. Mr. Brown also commented that this document is a very good one. No further comments or testimony. Mr. Hodkinson closed the public hearing. Matrix 1 • Mr. Peters started going through the matrix, which consists of 93 line items. Mr. Hodkinson announced if there are no comments or discussion we will assume the line item is approved and move on to the next. All RPC members present agreed. Mr. Peters summarized the items up to line item #39. Mr. Hodkinson continued with line item #40 and asked the RPC membeb&each 2 INDEX # _J of them had reviewed the matrix already. All members replied yes. And once again he stated if there was no discussion or questions from RPC, meant approval. Line item #61, discussion ensued from Mr. Marquis. Line item #65, Mr, Marquis requested clarification. Mr. Peters provided clarification. Finally, Jeff Peters added that the city staff had accepted all the changes as noted in the matrix as well as the comments. Mr. Hodkinson then asked for a motion from RPC members to accept the entire document and ask staff to prepare the Findings of Fact. Motion made. by Mr. Kline and seconded by Mr. Marquis to approve the comments and changes with the requested comments of CWHBA and Yakima Greenway Foundation of the Critical Areas Ordinance. Motion carried unanimously. The next meeting is scheduled for January 30, .2008, where the Findings of Fact for Recommendation on the CAO will be presented by staff. Mr. Hodkinson moved to adjourn the meeting. The meeting adjourned at 5:04 p.m. • 1 Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist • 1 1 1 1 1 1 1 DOC. _ 3 _ INDEX # F u 1 SIGN -IN SHEET 1 Yakima Urban Area Regional Planning Commission Yakima City Hall Council Chambers Workshop Wednesday, January 23, 2008 COp 3:00- 5:OOpm ittf% Critical Areas Ordinance Update Public Hearing PLEASE WRITE LEGIBLY 1 NAME ADDRESS ZIP CODE zc4 A) ZAK, - P(; ` OF 0 e— - 3c= - 1 0 Aid 71 ?)(1,S 7_ I 1 1 1 1 1 1 1 I 1 DOC. INDEX # �= -�o 11 I1 1I • Agenda „ Yakima Urban Area J Regional Planning Commission (� Workshop 11 RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell JI November 28, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council 111 Chambers !� I. Call to Order II. Discuss options of methods to provide buffers in the Critical Areas Ordinance. (Based on Mount Vernon's Ordinance). i III. Discuss items omitted in the Permitted Use Table 4-1 IV. Continue discussion on Adult Entertainment V. Other matters VI. Adjournment 1 DOC. INDEX 1. # Yakima Urban Area ' Regional Planning Commission Workshop November 28, 2007 • Call to Order Chairman John Hodkinson called the meeting to order at 3:00 p.m. Roll Call , RPC Members Present: Chairman John Hodkinson, Jerry Craig, Rockey Marshall, Bernie Kline, and Ted Marquis. Absent: Charlotte Baldwin and John Gehlsen (excused) Staff Present: Doug Maples, Planning Manager; Bruce Benson, Supervising Planner; Jeff Cutter, Senior Assistant City Attorney; Jeff Peters, Assistant Planner; Joseph Calhoun, Assistant Planner; Alice Klein, Assistant Planner; Rosalinda Ibarra, Planning Specialist Others Present: Joe Walsh, Central Washington Home Builders Association 1 John Hodkinson opened the meeting at 3:00 p.m. Doug Maples introduced the discussion of methods to P rovide buffers in the Critical Areas Ordinance (COA). He presented a brief report on Mt. Vernon's CAO to the commission, which he obtained at a CTED conference he attended. Mr. Maples proposed to the Regional Planning 1 Commission (RPC) to consider if portions of Mt. Vernon's ordinance could be used as an addendum to the City of Yakima CAO. If so, Mr. Hodkinson questioned if the old CAO had to be repealed. In response, Doug clarified that if they agreed to apply Mt. Vernon's version, it i would be used as an alternative for applicants to utilize. Rocket' Marshall was concerned and questioned a time frame for implementation. Doug stated it wouldn't be too long or too expensive a project to do. And that the inventory would have to be completed before its adoption. The RPC members thought it would be a good idea for staff to spend some time on. Joe Walsh commented on this mechanism to, be interesting. Dou g agenda. on to the third item on the a enda. He handed out the latest version of Table 4-1. He informed the RPC that there were a couple of permitted uses identified on that table that haven't been reviewed by them and he wanted their input on. One of those items was planned development residential areas, which in fact, has been reviewed and assigned as Class 3 Reviews. 1 The RPC members and staff discussed in detail the irrigation requirement in codes. Mr. Walsh was included in this discussion. The issue was about allowing domestic water to be used versus irrigation water after a water purveyor evaluated the property. Ted Marquis made a remark in reassurance that no one's water is being "messed with ". Doug clarified that the components will be evaluated to verify if the property requires irrigation. If so, there can be flexibility to the applicant as to what type of water they use, either domestic or from a dedicated irrigation district. In the case domestic water is used, ideally the irrigation rights can be shared, sold, and/or transferred to another property who can utilize them. DOC. INDEX # E - Continuation of the adult entertainment discussion followed. Joseph Calhoun gave an overview of the adult entertainment handout. He specified three major components on this draft; which are to establish a clear, precise definition, separation of locations nearby protected areas such as schools and churches, and to determine proper signage for these types of establishments. • Currently, there are two establishments that are within 1500 feet of each other. Mr. Marquis �I asked if current establishments need to comply with the signage description being proposed. Jeff Cutter elaborated on his question. Jeff presented examples of ordinances from other cities within the state of Washington that can be considered for the City of Yakima's adult entertainment ordinance. To that, Rockey asked Jeff Cutter if he knew of any of those ordinances being challenged in court. According to Jeff, he didn't know of any to this point. Doug asked the RPC members if they thought an open house to the public should be done regarding the whole zoning �I ordinance update. They all agreed that it would be worth doing so that citizens can ask questions about the updates being done. The date will be determined to be at the beginning of the new year. Mr. Hodkinson asked if there were any challenges that the city was dealing with against any of 1 1 the current adult entertainment business. Jeff Peters replied that he hasn't been aware of big • problems with the current businesses; although, there is a minor issue being dealt with currently. 1 1 Doug put together some language in regards to landscaping requirements. Presently, 5% of the property is to be landscaped, but in the proposed code it has been increased to 10 %. He suggested changing the landscaping provisions exceeded. Basically, for every 10% of increase the applicant is required to put an additional 1% of landscape. This would another mechanism to add more landscape area to big parking lots, since it helps provide shade, absorbs standing water, and enhances the look of the property. Mr. Hodkinson doesn't agree with the idea. Mr. Marquis, ' on the other hand, believes it's good. 111 To conclude, Mr. Hodkinson brought up the issue of non - conforming structures that burn up to 11 75% or more and cannot rebuild the same in the zoning area. They would have to rebuild to conforming. An example was given of a house situated in the middle of an industrial zoning area. If that house were burnt over 75 %, it cannot be rebuilt as a house only as an industrial ' structure. He asked for comments from the board and suggested a change to that portion of the ordinance. Rockey Marshall recommended adding this topic to the future open -house agenda so ' citizens can have a say. All the members present agreed to it. Mr. Hodkinson moved to adjourn the meeting. i The meeting was adjourned at 4:35 p.m. �r Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist • 1 DOC, • 1 INDEX • • 1 1 1 1 Agenda 1 Yakima Urban Area 111 Regional Planning Commission Workshop 1 RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, 1 Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell October 31, 2007 Yakima City Hall 1 3:00 to 5:30 p.m. City Council Chambers I. Call to Order II. Critical Areas (Chapter 15.27) Revisions 1 Re -visit areas of concern in Chapter 15.27 III. Adjournment DOC. INDEX # F _ 1 1 • Yakima Urban Area Regional Planning Commission Workshop • October 31, 2007 Call to Order John Hodkinson called the meeting to order at 3:00 p.m. Roll Call RPC Members present: Chairman John Hodkinson, Jerry Craig, & Bernie Kline, & John Gehlsen. Absent were: Ted Marquis (E) & Charlotte Baldwin (UE) Rockey Marshall (UE) Also Present: Doug Maples, Codes & Planning Manager, Bruce Benson, Supervising . Planner, Assistant Planner Jeff Peters, Joel Freudenthal, County Surface Water & Flood Control, and Assistant Planner, Alice Klein. ' Doug Maples began by explaining that at the conclusion of study session of the Critical Areas Ordinance, staff will meet with COG for their input. The intent for this document is to be a base for small cities. In the next step this documentgoes out for public comment to Fish & Wildlife, DOE & CTED. They have • 20 days in which to comment. CTED has full authority over this and have a window of 60 days in which to comment. After receipt of public comments the document goes to public hearing before the elected body. This should be sometime in February and then would go into law by late March. Jeff Peters began by going over the previous document changes by Staff & the RPC. The explanation of began changes to the following Chapters: 15.27.05, 15.27.05.28. The IBC, ASCE & HUD references 1 will be included where necessary. 15.27.05.32 - Floodway Fringe Uses Joel Freudenthal explained "channel migration areas". Section 15.27.05.32.020 added a Number 2 relating to New Manufactured Home/Parks. Section 15.27.05.36, 15.27.05.36.020 were gone over. Jeff explained that Section 15.27 Non - Conforming Uses and Structures is being forwarded to City Legal for review. This whole section will be incorporated into Chapter 15.19. Joel Freudenthal will verify this proposed change. Section 15.27.05.44.040, Section 15.27.05.44, Section 15.27.05.44.070 were gone over, and Section 15.27.05.48 Elevation and Flood Proofing Certification changes were explained by both Doug Maples and Joel. Freudenthal. Jeff Peters referred the RPC members back to Chapter 1 starting with 15.27.01 General Provisions. Jeff went on explaining the corrections to grammar, punctuation and page setup. On page 5 Doug will wordsmith portions of item (g) starting at line 155. Jeff explained that Ken Harper will be re- writing the Permit Review section. Jeff went on to Definitions 15.27.02, whereby, Doug explained that staff was going through the document to make it easier to understand for both staff and the public as well. Jeff explained that the word "Chapter" was changed to "Title" in the whole document. Legal staff will also be looking at the whole document. Doug explained that the numbering system will change so that it flows more smoothly. John Hodkinson asked what issues still need clearing up from past workshops. Doug explained that staff has been meeting with county staff on the zoning code. Next week staff will bring back to RPC some of the changes made by both city and county staff. Adult Entertainment will be gone over. Council members and other staff have complained about the adult store on Nob Hill. Staff has met with individuals, in charge of schools, who raised concerns on this issue. Staff is DOC. • INDEX 1 looking at avenues to regulate but not over-regulate. Special Standards section will address the 0o g gu gu p issue for distances from certain uses similar to establishments that sell alcohol. John Hodkinson mentioned Historic Businesses need to be addressed for previous concerns raised by the Beerman's. Another issue John Hodkinson brought up was fences in the front yard. John Gehlsen stated that this issue will be left up to the Home Owners Associations to enforce. Non - Conforming issues and sidewalks in the industrial area on one or both sides of the roads will be addressed. Doug Maples added that language on frontage improvements & where required will be added. Sections of zoning code will be made clearer and a distinction of what triggers improvements. Another issue discussed was rolled curbs in residential areas; however, Doug explained rolled curbs can present difficulty as it makes it easier for people to park on sidewalks. Doug went on to explain that if sidewalks are only on one side then rolled curbs should not be used. Bruce Benson mentioned the Comp Plan Amendments will be coming up for Public Hearing by the RPC members. Doug mentioned he will be setting up a chapter on notices to make the sequence easier to follow, with text supporting the table. Next week staff will be going over chapter 1, 2, and 3, and possibly the master plan development. Meeting was adjourned at 4:25 pm. Respectfully submitted by: • Alice Klein, Assistant Planner, City of Yakima 1 1 1 1 1 1 1 DOC. INDEX 1 1 1 1 1 Agenda 1 Yakima Urban Area Regional Planning Commission Workshop RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters; Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell I October gr, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers I. Call to Order II. Critical Areas (Chapter 15.27) Revisions I Continuation of Chapter 15.27.05 Flood Hazard Areas III. Adjournment 1 1 1 D OC. INDEX 1 # 1 1 Yakima Urban Area Regional Planning Commission Workshop 1 October 24, 2007 Call to Order • 1 John Hodkinson called the meeting to order at 3:03 p.m. Roll Call 1 RPC Members present: Chairman John Hodkinson, Jerry Craig, & Bernie Kline, Rockey Marshall & John Gehlsen. Absent were: Ted Marquis (E) & Charlotte Baldwin (UE) Also Present: Supervising Planner Bruce Benson, Assistant Planner Jeff Peters, Attorney Ken Harper, Dean Patterson, County Planner, Joel Freudenthal, County Surface Water & Flood Control, County Program - coordinator Dianna Wood and Assistant Planner, Alice Klein. Others Present Joe Walsh, CWHBA Staff & RPC members continued review of the Draft COA from page 53. Line 2128 remove Management after Shoreline and before Master. Line 2143 (F) suggestion was to have Doug re- review this item, or to refer to line 2180. Line 2161 add City's at the end of the sentence. Line 2162 strike out the word Management between Shoreline & Master Program. 111 Line 2163 add City's at the end of the sentence. Under prohibited uses move item (2) to the front of Permitted Uses and list as item # (1) to that part of the document. Line 2188 through 2197 will be more clearly written. On line 2196 a period goes after 15.27.05.72 and delete the remainder of the sentence. Remove all of section 15.27.05.40 Non - Conforming Uses. This section is being reviewed by Jeff Cutter, City Attorney. This is already in the zoning ordinance. Page 55 add to Notify DOE & Insurance Administration for their mapping purpose to Section © on line 2206 per Chapter 6. Or reference 15.27.06.08 Maps Page 58 line 2311 strike out the words "if different" And completely strike out line 2312. Line 2316 add drawn to an engineering scale. Line 2321 item through 2326(E) will have some wordsmith to make it read better. Line 2327 strike the sentence. Line 2331 add the word "elevation" between the and floodproofing. Page 59 Line 2365 have legal look at the words "may file" Page 60 remove bracket and extra period at the end of sentence. Page 61 to add to Variances to add "From Flood Hazards" A suggestion was made that the there needs a co- ordination with city /county staff to go over 15.27 (CAO) to go over the jurisdictional areas of the city and county. The County's CAO is a separate document from the UAZO. John Hodkinson spoke about the need for the city and county to work together regarding standardization of the UAZO such as sidewalks on one or both sides of the street among others. Staff & RPC members had another discussion regarding mining operations in the Urban Area Zoning Ordinance. Suggestion was to revisit this part of the document. On page 3 of Chapter 15.27.01 suggestion was made to change Title to Chapter. throughout the document. On Line 95 add Stream Corridors to beginning of sentence. Line 104 remove protect to the level of and change to result in and add of before the word the functions. Line 108 place a period after protection and at that point. In section 15.27.01.05 line 135 change 1)a to just A and same for 2b and 3c and in line 140 after until such time as conformity is add the word possible and end there with a period. Line 155 g) some wordsmithing to be done on this section. Next week will begin with Definitions on page 7 Meeting adjourned at 5:20 p.m. DOC. Respectfully submitted by: INDEX Alice Klein, Assistant Planner, City of Yakima # _.� 1 1 1 1 Agenda 1 Yakima Urban Area Regional Planning Commission 1 Workshop RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr:, Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, 1 Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell ' October 17, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers I. Call to Order II. Critical Areas (Chapter 15.27) Revisions Chapter 15.27.05 Flood Hazard Areas III. Adjournment 1 1 1 1 DOC. INDEX # r - (Q 1 Yakima Urban Area Regional Planning Commission Workshop October 17, 2007 Call to Order 1 John Hodkinson called the meeting to order at 3:07 p.m. Roll Call 1 RPC Members present: Chairman John Hodkinson, Jerry Craig, & Bernie Kline. Absent were: Rockey Marshall (UE), Ted Marquis (E), John Gehlsen (E) & Charlotte Baldwin (UE) Also Present: Code Administration & Planning Manager Doug Maples, Assistant Planner Jeff Peters, Attorney Ken Harper, Dean Patterson, County Planner, Joel Freudenthal, County Surface Water & Flood Control, and Assistant Planner, Alice Klein. 1 Doug began the meeting stating this workshop will be a continuation of Chapter 15.27 of Critical Areas and on to 15.27.05 Flood Hazard Areas. City staff reviewed the County's document and made some slight changes... The document is being left as "whole" as possible. Page 46 line 1874 remove of quasi-judicial and line 1883 change shall to does. Page 47 line 1928 change do not to does not and remove the s from hazards. Line 1929 change to read or permitted uses. Page 49 line 1968 remove the word private from water supply and sanitary sewage. • Page 50 remove lines 2009 through 2018 (A, B, C, & D) 1 The RPC agreed to remove 15.27.05.28.020 (F) top of page5 l in its entirety. _ Item (3) Manufactured Homes — Doug Maples will wordsmith this section. Joel Freudenthal will verify codes and report back regarding this issue. City & County staff discussed burying depth of transmission lines, i.e. Sewer, water & power lines in the floodway zones. John Hodkinson suggested that staff get together to come up with a solution. Jeff Peters suggested that city & county staff review this issue further and come back with findings. On page 52 Doug Maples recommended removing item number (1) line 2101 section 15.27.05.36 Floodway Uses. After much discussion it was decided to revisit this section at a later date. Meeting adjourned at 5:30 p.m. Respectfully submitted by: Alice Klein, Assistant Planner, City of Yakima 1 1 1 DOC. INDEX i 1 1 Agenda Yakima Urban Area Regional Planning Commission Workshop ' RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., 1 Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, 1 Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell October 10, 2007 Yakima City Hall 1 3:00 to 5:30 p.m. City Council Chambers I. Call to Order II. Critical Areas (Chapter 15.27) Revisions ' Continue Chapter 6 - Fish & Wildlife & Stream Corridors from 15.27.06.16 If time allows go on to chapter 7 and 9 ' III. Adjournment 1 DOC. INDEX # r �. 1 1 Yakima Urban Area Regional Planning Commission Workshop October 10, 2007 Call to Order John Hodkinson called the meeting to order at 3:02 p.m. 1 Roll Call RPC Members present: Chairman John Hodkinson, Jerry Craig, & Bernie Kline. Absent were: Rockey Marshall (UE), Ted Marquis (E), John Gehlsen (E) & Charlotte Baldwin (E) Also Present: Code Administration & Planning Manager Doug Maples, Assistant Planner Jeff Peters, Attorney Ken Harper, Dean Patterson, County Planner, and Assistant Planner, Alice Klein. Jeff Peters gave out a complete copy of Chapter 15.27 with changes identified. Copy of a CD has been provided regarding the Critical Areas Chapter that have been covered to date. John Hodkinson asked if this document came out before or after the court case is Swinomish County. Dean explained that vegetative buffers apply to everything regarding water dependency. Jeff explained page 71 1 speaks to Water Dependency 15.27.06.12 were eliminated. City staff determined this section is covered in Shore Lines section. John Hodkinson suggested that Doug Maples bring back suggestions to the RPC on this section. Fish & Wildlife Habitat Section 15.27.06.11 page 7 change to item #20 Change the word an to a, and b) change Pursuant to Provisions of. Page 9 Table 6 -1 discussed minimum adjustments for width of buffers. In the new version there will no longer be additional setbacks from buffers. Adjustment provision is included in this section. 15.27.06.17 under (1) c) change unless it is clearly unavoidable change to read: unless and engineer can demonstrate another appropriate method. Page 10 15.27.06.18 number (3) RPC agreed to change back to original meaning. • Page 11 15.27.06.19 adds item number 7 to 6 and change following item numbers to correspond. Doug Maples explained chapter on Non - conforming structures is incorporated into the City's existing zoning ordinance, and the current zoning ordinance also has provisions for penalties... • Staff moved on to the complete copy handed out at the beginning of today's workshop to explain 1 changes /editing to draft as follows: Wildlife Habitat of Local Importance reads the same as the counties ordinance and has been added back in. Page 71 Water Dependency Section 15.27.06.12 will be revisited for review per request by John Hodkinson. Page 76 Reclamation has been added back in. Section 15.27.06.16. John Hodkinson requested city staff to bring back suggestions on Water Dependency Dev. Standards. Minor changes were made to section. Chapter 15.27.09.01 (page 87) had some editorial changes from the County's draft. Section .15.27.09.02 Mapping had minor changes. A map has been added to this document. Wellhead protection areas are mapped. Section. 15.27.09.03 (page 88) Protection Approach had some wordsmithing, but is mostly identical as the 1 County's draft. Under item 6 (page 89) the addition of Water/Irrigation Manager was added Chapter 15.27.07 (page 79) Wetlands had editorial changes. Staff removed unnecessary information. DOC. INDEX # 5 1 • ' Page 80 had some editorial changes. This section was discussed at length regarding each category and scoring rating. Category I, II, III, IV wetlands had some changes. Dean Patterson, County Planner, stated that the County's version on Wetlands is rated based on Eastern Washington Wetland Rating System (EWWRS). It includes a summary for each category. He recommends in the opening paragraph to state that the EWWRS is being used and the following is just a summary. Dean went on to say that important parts are missing, such as • forest wetlands in Category II. The summary defaults back to the rating system., 1 Page 81 Compensatory Mitigation is basically the same as the County's draft. Legal staff will look at items number 1 and 2 of 15.27.07.05 and,15.27.07.06. 1 Meeting adjourned at 5:30 p.m. Respectfully submitted by: Alice Klein, Assistant Planner, City of Yakima •1 1 1 • 1 1 1 1 1 1 1 1 DOC. INDEX ELI S • 1 1 1 SIGN -IN SHEET Yakima Urban Area Regional Planning Commission 1 Yakima City Council Chambers October 10, 2007 3 :00 - 5:30 pm Workshop Updating the Yakima Urban Area Comprehensive Plan 1 1 1 PLEASE PRINT PLEASE PRINT 1 Name: Address: Zip: 1 p 1 1 1 1 1 1 DOC. 1 INDEX 1 1 1 1 Agenda Yakima Urban Area Regional Planning Commission Workshop 1 RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, ' Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell 1 October 3, 2007 Yakima City Hall 3:00 to 5:30 p.m. City .Council Chambers 1 I. Call to Order II. Continuation of Critical Areas (Chapter 15.27) Revisions a. Chapter 6 - Fish & Wildlife & Stream Corridors III. Adjournment 1 1 DOC. INDEX # r_y 111 • Yakima Urban Area Regional Planning Commission . Workshop October 3, 2007 RPC Members present: Chairman John Hodkinson, Jerry Craig, Rockey Marshall Ted Marquis, Jr., & John Gehlsen. Absent were: Bernie Kline (E) & Charlotte Baldwin (UE) 1 Also Present: Code Administration & Planning Manager Doug Maples, Supervising Assistant Planner Jeff Peters, Attorney Ken Harper, Dean Patterson with County Planning, and Assistant Planner, Alice Klein. John Hodkinson called the meeting to order at 3:04 p.m. Today's meeting was a continuation of Chapter 15.27.06 fish & Wildlife Habitat & Stream Corridor System Section 15.27.06.03 first paragraph change but exclude to Include. Same section under number 3) change mapped to non - regulatory map. Section 15.27.06.05)1 add the word riparian after sufficient and area. And item) 4 c) add recruitment and f) add & discharge. Item 5) c) change to Forage for food. Section 15.27.06.06 item 1) after it reads RCW Ch. 90.58 change to read what the County's draft reads. 1 Under items 2, 3 & 4 remove the words Lake & Ponds after types of streams. Section 15.27.06.11 item 5) remove the word Except at beginning of sentence and then should read 1 • Sormwater and Erosion Control. Except that developments that are exempt obtain .............Item number 8) after the word construction adds any unlawful action, 1 Same section remove item number 14 and change following items to continue numeric order. Workshop ended at 15.27.06.16 1 N ?' weeks workshop will continue & complete Fish & Wildlife & Stream corridors Meeting adjourned at 5:24 p.m. /ak 1 1 • 1 DOC. 1 INDEX • 1 1 1 1 SIGN -IN SHEET Yakima Urban Area Regional Planning Commission Yakima City Council Chambers October 3, 2007 3:00 - 5:30 pm Workshop Updating the Yakima Urban Area Zoning Ordinance 1 1 PLEASE PRINT PLEASE PRINT Name: Address: Zip: P 1 1 1 1 E5et.\ . q/NK er) 1 1 1 1 1 Doc. INDEX 1 # r" 1 1 1 1 Agenda 1 Yakima Urban Area 1 Regional Planning Commission Meeting 1 • 1 RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff. Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell 1 September 26, 2007 Yakima City Hall • 3 :00 to 5:30 p.m. City Council Chambers 1 I. Call to Order II. Continuation of Critical Areas (Chapter 15.27) Revisions 1 III. Adjournment 1 1 1 DOC. 1 INDEX 1 Yakima Urban Area ' Regional Planning Commission Workshop September 26, 2007 RPC Members present: Chairman John Hodkinson, Jerry Craig, Ted Marquis, Jr., Charlotte Baldwin & John ' Gehlsen. RPC Members absent: Bernie Kline (E) & Rockey Marshall (UE) Also Present: Code Administration & Planning Manager Doug Maples, Supervising Assistant Planner Jeff ' Peters, Attorney Ken Harper and Assistant Planner, Alice Klein. • John Hodkinson called the meeting to order at 3:03 p.m. Today's meeting was a continuation of Chapter 15.27.03 Critical Areas - Geo Hazards and Enforcement & Penalties. A Letter was introduced that was sent to Yakima County, Steve Erickson, by Dept of Ecology regarding comments the County's Critical Areas Ordinance draft. Section 15.27.03.16 (1 (b) RPC members discussed and removed the word potential in the first sentence. In section (2 d)(i) remove and enhance. And next paragraph (ii) Strike sentence Mitigation shall result in no net loss of wetland functions and values. Section 15.27.03.17 (2) Process - Change the word may to shall and add Class 2 or 3 review and change public notice to public hearing. 1 Section 15.27.03.21 discussed asking Ken Harper into checking whether this section could be incorporated into the current zoning ordinance. 1 Section 15.27.03.22 was reviewed with a motion made by Charlotte Baldwin moved to remove all of section 2. Ted Marquis 2 ° the motion. Motion passed. • 111 RPC decided to have Ken Harper review the section on Enforcement & Penalties, ive opinion and report g P P 1 back. Next weeks workshop will cover Fish & Wildlife & Stream corridors • Meeting adjourned at 5:20 p.m. /ak 1 ' DOG. INDEX 1 1 1 i Agenda - 1 Yakima Urban Area ' Regional Planning Commission Meeting ' RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell ' September 19, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers I. Call to Order , II. Continuation of Critical Areas (Chapter 15.27) Revisions III. Adjournment 1 1 D00, ' INDEX 1 Yakima Urban Area • 1 Regional Planning Commission Workshop • September 19, 2007 John Hodkinson called the meeting to order at 3:06 p.m. RPC Members present: Chairman John Hodkinson, Bernie Kline Jerry Craig & Rockey Marshall ' RPC Members absent: Ted Marquis, Jr., Charlotte Baldwin & John Gehlsen Also Present: Code Administration & Planning Manager Doug Maples, Supervising Assistant Planner Jeff Peters, Attorney Ken Harper and Assistant Planner, Alice Klein. 1 Today's meeting was a continuation of Chapter 15.27 Critical Areas Staff has spoken with CTED regarding a court case in Snohomish County dealing with Critical Areas. The outcome of this case may affect how the City will review the Critical Areas chapter ' Under 15.27.03.02 item 3 © change to read Adm. Official may waive requirement for a CA report based on other reviewing agencies recommendations. 15.27.03.04 This section does not require a permit. Noxious weed definition is found in the WAC 15.27.06.16 RPC requested a listing of specific exemptions such as what minor activities allowed. ' 15.27.03.05 Ken Harper suggested that RPC, Ken & Planning staff do more wordsmith to correct confusion in this section. 15.27.03.06 DOC has taken exception to this section. We need copy of letter County received from DOC ' stating issues they had and then how we will make modifications. Suggestion was made to end the sentence under item 15 where it reads "their buffers ". Strike a & b. 15.27.03.07 Geologically Hazards Also part of exemption process Ken Harper suggested changing the word `exemption" to "documented exemption" throughout document. 15.27.03.13 It was agreed to eliminate item 2 and just leave 1 & 3. Ending up with only 2 conditions. 15.27.03.15 Critical Areas Requirements discussed coming back to item number 9 at the next scheduled meeting on September 26, 2007. Next weeks workshop will include Geo Hazards and 15.27.04 Enforcement & Penalties Meeting adjourned at 5:25 p.m. 1 /ak 1 1 • DOC, INDEX 1 1 1 • 1 Agenda 1 Yakima Urban Area 1 Regional Planning Commission Meeting 1 RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun & Kevin Futrell . 1 September 12, 2007 Yakima City Hall 3:00 to 5:30 p.m. City Council Chambers 1 I. Call to Order II. Critical Areas (Chapter 15.27) Revisions III. Adjournment 1 1 1 DOC, 1 INDEX # • 1 1 Yakima Urban Area 1 Regional Planning Commission Workshop , September 12, 2007 John Hodkinson called the meeting to order at 3:00 p.m. ' RPC Members present: Chairman John Hodkinson, Bernie Kline & Rockey Marshall RPC Members absent: Ted Marquis, Jr., Jerry E Craig, Charlotte Baldwin & John Gehlsen Also Present: Code Administration & Planning Manager Doug Maples, Supervising Planner Bruce Benson, Assistant Planner Jeff Peters, and Assistant Planner, Alice. Klein. Doug Males gave RPC members a reference guidance document P g gu ent which highlights RCW Section 36.70A.050. 1 Washington State Legislature passed the Growth Management Act in 1990. The state gave Cities & Counties a deadline of December 1, 2007 to complete a review process of Critical Areas. Cities shall designate where critical areas are located, use the state guidelines and consult with DOE who will be reviewing this document GMA has 13 goals of which each has to be considered. I CTED Guidelines for best available science is used to determine critical areas. The Critical Areas handbook states local government can accept & solicit scientific information from state or federal agencies, universities, tribes, subject matter experts or others. Documentation must show that best available science was used. Recommend the use most recent science. Five elements of CA are: Frequent flooded area, Wetlands, Fish & Wildlife Habitat Areas, Geological Hazardous Areas and CARA's (Critical Aquifer Recharge Areas), Doug Maples gave a definition of wetlands as being inundated & saturated with surface & ground water. Wet lands do not include artificial wetlands unless to mitigate conservation of wetlands. City of Yakima adopted the Critical Areas Ord. in early 1970's and adopted policies & goals in the Comp Plan on 2006. Frequently flooded areas in 100 year flood plane are identified using FEMA maps. Fish & Wildlife Habitat is not regulated by City. Doug spoke of conflict in airport areas in protecting fish and 1 wildlife. Geological Hazardous Areas protection: building codes will address erosion, landslides, avalanches etc. Doug Maples & RPC members went over Chapter 1 of 15.27,01 that explains Authority and Chapter 2 of 15.27.02 gives Definitions that apply to critical areas. Doug Maples asked of the RPC for input and direction to work through the present code (Yakima Counties) or take a look at other jurisdictions critical areas ordinance. Shall we use the county's model or some other model? Ken Harper stated that GMA does not dictate, however the County has made headway in regulatory context comparison to other jurisdictions. Ken also emphasized to the group of what will be the expectations for administering permits and how the process will be reviewed. RPC members asked to look at other jurisdictions critical areas ordinances for comparison. County Commissioners have not finalized their document or ruling. The Beerman's document on Historic Business and discussion on Adult Entertainment will be on hold until the Critical Areas Ordinance review has been completed. Copies of Adult Entertainment information will be sent to absent RPC members. n DOC. 1 Meeting adjourned at 4:55 p.m. /ak INDEX 1 1 SIGN -IN SHEET 1 Yakima Urban Area Regional Planning Commission Yakima City Council Chambers 1 September 12, 2007 3:00 - 5:30 pm Workshop 1 Updating the Yakima Urban Area Zoning Ordinance 1 PLEASE PRINT PLEASE PRINT 1 Name: Address: Zip: LL Kva I g\-o . (F201 1 1 1 1 1 1 1 DOC. 1 INDEX 1 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 1 EXHIBIT LIST CHAPTER G Final UAZO CAO 1 EXHIBIT # DOCUMENT DATE 1 G -1 Final Yakima Urban Area Zoning Ordinance Critical Areas 2 -01 -08 Ordinance Update 1 1 1 1 1 1 1 1 1 1 1 1 • • City o Yakima CRITICAL AREA ORDINANCE 1 YAKIMA URBAN AREA ZONING ORDINANCE CHAPTER 15.27 1 ' 2 3 •. 2 • • 4 5 6 7 • 8 9 • 10 11 Yakima ran rea Zoning Ordinance 1 12 Crtcal A reas rdiHance Update 13 Chapter 15.27 I 14 15 • 1 1 1 1 • 1 2 /1/2008 DOC. INDEX • 1 # G_� • City of Yakima 15.27 CAO 16 TABLE OF CONTENTS 17 18 Part One GENERAL PROVISIONS 19 20 Part Two DEFINITIONS 21 111 22 Part Three APPLICATION AND REVIEW PROCEDURES 23 24 Part Four FLOOD HAZARD AREAS 1 25 26 Part Five FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR 27 SYSTEM 1 28 29 Part Six WETLANDS 30 1 31 Part Seven GEOLOGICALLY HAZARDOUS AREAS 32 33 Part Eight CRITICAL AQUIFER RECHARGE AREAS 34 35 Appendix A Designated Type 2 Stream Corridors. 36 1 37 38 39 1 40 41 42 43 44 45 46 47 48 49 5.0 1 I 1 1 DOC. ' 2/1/2008 INDEX 2 # i City of Yakima 15.27 CAO 1 51 Chapter 15.27 52 Part One ' 53 GENERAL PROVISIONS 54 Sections Defined: 55 15.27.100 Chapter and Authority I 56 15.27.110 Language Interpretation 57 15.27.120 Purpose of Chapter 58 15.27.130 Intent of Chapter I 59 15.27.140 . Applicability 60 15.27.150 Science and Protection of Anadromous Fish 61 15.27.160 Administrative Authority 62 15.27.170 Severability 1 • 63 64 15.27.100 Chapter and Authority I 65 Chapter 15.27 is established pursuant to RCW 36.70A.060 (Growth Management Act 66 Natural Resource Lands and Critical Areas -- Development Regulations), RCW Ch. 67 43.21C (State Environmental Policy Act), and federal requirements for eligibility in the I 68 National Flood Insurance Program, pursuant to Title 42 of the Code of Federal 69 Regulations (CFR). This chapter shall be known as the "Critical Areas Ordinance of the 70 City of Yakima, Washington." I 71 72 15.27.110 Language Interpretation 73 Unless specifically defined in Part Two ( §§ 15.27.200 — 299C), words, phrases and terms in this 1 74 chapter shall be interpreted to provide meaning and to give this chapter it's most reasonable 75 application. 76 a. "shall" is mandatory; 1 77 b. "may" is discretionary and does not impose a requirement; 78 c. "should" is always advisory; 79 d. "include(s)" means the containment within as a subordinate part of a larger whole. I 80 When not inconsistent with the context, words used in the present tense include the future; the 81 singular includes the plural; and the plural, the singular. 82 1 83 15.27.120 Purpose of Chapter 84 The purpose of Ch. 15.27 is to establish a single, uniform system of procedures and standards for I 85 development within designated critical areas within the incorporated City of Yakima and its 86 Urban Growth Area. 87 88 15.27.130 Intent of Chapter I 89 1) Ch.15.27 establishes policies, standards, and other provisions pertaining to development 90 within designated critical areas regulated under the provisions of the Growth Management Act I 91 (RCW 36.70A) and development regulated under the National Flood Insurance Program. 92 Wetlands, streams, stream corridors and rivers, areas with a critical recharging effect on aquifers 93 used for potable water, fish and wildlife habitat conservation areas; frequently flooded areas; and • 94 geologically hazardous areas constitute the City of Yakima's critical areas pursuant to WAC 365- 95 190 -030. These areas are of special concern to the people of the City of Yakima and the State of 96 Washington because they are environmentally sensitive lands, or hazardous areas, which 1 DOC. 1 2n /2008 INDEX 3 # G -I • City of Yakima 15.27 CAO 97 comprise an important part of the state's natural resource base. The policies, standards, and I 98 procedures of this chapter are intended to: 99 a) Preserve development options within designated critical areas where such development 100 will result in the level of "No Net Loss" of the functions and values of the critical areas; 101 b) Where appropriate, avoid uses and development, which are incompatible with critical 102 areas; 103 c) Prevent further degradation of critical areas unless the degradation has occurred beyond 104 feasible protection; 105 d) Conserve and protect essential or important natural resources; 1 106 e) Protect the public health, safety, and general welfare; 107 f) Further the goals and policies of the Yakima Urban Area Comprehensive Plan; 108 g) Implement the goals and requirements of the Washington Growth Management Act 109 (RCW Chapter 36.70A), and the National Flood Insurance Program (CFR Title 42); 110 h) Recognize and protect private property rights; 111 i) Provide development options for landowners of all existing lots to the greatest extent 1 112 possible, through the establishment of Adjustment, Reasonable Use, and Non - 113 Conforming Use and Facility provisions; 114 2) T he policies, standards, and procedures of this chapter are not intended to: II 115 a) Regulate the operation and maintenance of existing, legally established uses and 116 structures, including but not limited to vegetative buffers on existing uses that have been 117 reduced in width prior to the effective date of this chapter; ' 118 b) Result in an unconstitutional regulatory taking of private property; 119 c) Require the restoration of degraded critical areas for properties in a degraded condition 120 prior to the effective date of this chapter unless improvement of the buffer is needed for' 1 121 new development proposed on the property; 122 d) Presume that regulatory tools are the only mechanism for protection; and I 123 e) Prohibit the use of valid water rights. 124 125 15.27.140 Applicability 126 1) The provisions of this chapter shall apply to any new development, construction, or use I 127 within the incorporated portion of the City of Yakima and its Urban Growth Area designated 128 as a critical area and upon any land mapped and designated as a special flood hazard area 129 under the National Flood Insurance Program. However, this chapter does not apply to the I 130 situations below, except that the Flood Hazard protection provisions of § 15.27. Part Four 131 will continue to apply as determined by §§ 15.27.400 -406: 132 a) Within designated critical areas, there may exist lots, structures, and /or uses which were I 133 lawfully established prior to the adoption of this chapter, as provided below, but which 134 would be subsequently prohibited, regulated, or restricted under this chapter. Such 111 135 existing lots, structures, and /or uses shall be classified as legally non - conforming uses. 136 1) It is the intent of this chapter to permit these pre- existing legally non - 137 conforming uses and structures to continue until conformity is possible; 138 i. Critical areas on federally owned lands are not subject to the provision 139 of this chapter; - 140 ii. Minor, temporary, or transient activities (including those of a I 141 recreational nature) that do not alter the environment or require a DOC. 1 2/1/2008 INDEX 4 # _I 111 I City of Yakima 15.27 CAO 1 142 dedicated staging area, use area, or route (including temporary signs) are 143 not subject to this chapter; I 144 ii. Mining, as defined in § 15.27.265, which is carried out under a 145 Washington Department of Natural Resources reclamation permit is not 146 subject to the geologically hazardous areas provisions of this chapter for I 147 erosion hazard areas, over steepened slope hazard areas, landslide hazard 148 areas and suspected geologic hazard areas. Other critical areas provisions 149 continue to apply. I 150 151 2) The adoption and amendment dates of the relevant regulations are provided 152 below; I 153 i. Critical Areas Ordinance adopted 1998; 154 ii. Flood Hazard Ordinance adopted 1981. 155 I 156 2) Other rules and regulations, including the City of Yakima Subdivision Ordinance (YMC 157 Title 14), the City of Yakima Urban Area Zoning Ordinance (YMC Title 15), and the 158 Buildings Ordinance (YMC Title 11), shall remain in full force and effect as they apply to 1 159 designated critical areas. In the event that the requirements of Ch. 15.27 conflict with the 160 requirements of the Yakima Urban Area Zoning Ordinance, the Subdivision Ordinance or 161 any other lawfully adopted municipal rules or regulations, the most restrictive standards shall 1 162 apply. . 163 164 15.27.150. Science and Protection of Anadromous Fish. 1 165 This chapter has been updated consistent with the requirements for using the best available 166 science and protection of anadromous fish as required by: 167 1) RCW 36.70A.172 Critical Areas -- Designation and Protection -- Best Available Science I 168 to be Used; and 169 2) WAC 365- 195 -900 through 925 Growth Management Act — Procedural Criteria for 170 Adopting Comprehensive Plans and Development Regulations – Part 9 - Best Available I 171 Science. 172 I 173 15.27.160 Administrative Authority 174 (1) The City of Yakima Community & Economic Development Department – Code 175 Administration & Planning Division shall be responsible for the general I 176 administration of this chapter. The Director of the Community & Economic 177 Development Department or the Director's designee shall serve as the 178 Administrative Official of this chapter, except as noted in Part Four §§ 15.27.400 I 179 - 436. The Administrative Official shall establish procedures for implementation 180 of this chapter. 181 (2) A written request for an interpretation of any provision of this chapter may be 182 submitted to the Administrative Official. Each request shall set forth the specific 183 provision(s) to be interpreted and the facts of . the specific situation - giving rise to 184 the request for an interpretation. Interpretations shall be processed in accordance 1 185 with YMC Ch. 15.22 Interpretations. 186 187 15.27.170 Severability 1 DOC. 2/1/2008 5 1 # C1 City of Yakima 15.27 CAO 188 If any provision of this chapter or its application to any person or legal entity or circumstances is 1 189 held to be invalid, the remainder of said chapter or the application of the provision to other 190 persons or legal entities or circumstances shall not be affected. 1 1 . 1 1 1 1 1 1 1 1 1 1 DOC. 2/1/2008 INDEX 6 # C City of Yakima 15.27 CAO 1 191 Chapter 15.27 192 PART TWO I 193 DEFINITIONS 194 195 15.27.200 Definitions Generally I 196 Definitions listed in Part Two of this document shall be applied to the regulations, review, and 197 administration of all critical areas, including Flood Hazard Areas, unless the definition itself 198 identifies the term as applying to Flood Hazard administration, in which case the definition only I 199 applies to that situation. 200 201 15.27.201 Abutting 1 202 "Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are 203 considered abutting even though the area of contact may be only a point. 204 1 205 15.27.202 Adjacent 206 "Adjacent" means to be nearby and not necessarily abutting. 207 1 208 15.27.203 Administrative Official 209 "Administrative official" means the duly appointed Director of Community & Economic • 210 Development Department or a designee, or the relevant decision maker identified in Ch. 15.27 I 211 Project Permit Administration, synonymous with "administrator" or "director." 212 213 15.27.204 Alluvial fan 1 214 "Alluvial fan" means a low, outspread, relatively flat to gently sloping feature, shaped like an 215 open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley 216 upon a plain or broad valley; where a tributary stream is near or at its junction with the main I 217 stream; or wherever a constriction in a valley abruptly ceases or the gradient of the stream 218 suddenly decreases. It is steepest near the mouth of the valley where its apex points upstream I 219 and it slopes gently and convexly outward with gradually decreasing gradient. 220 221 15.27.205 Applicant I 222 "Applicant" means a person, party, firm, corporation, or other legal entity that proposes 223 development, construction, or use on a parcel of property. 224 I 225 15.27.206 Aquifer 226 "Aquifer" means a saturated geologic formation, which will yield a sufficient quantity of water to 227 serve as a private or public water supply. I 228 229 15.27.207 Bank 230 "Bank" means the land surface above the ordinary high water mark that abuts a body of water I 231 and contains it to the bank full depth. 232 233 15.27.208 Bankfull depth 111 I 234 "Bankfull depth" means the average vertical distance between the channel bed and the estimated 235 water surface elevation required to completely fill the channel to a point above which water 1 DOC. 2/1 /2008 INDEX 7 1 # City of Yakima 15.27 CAO 236 would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels 237 exist, the bankfull depth is the average depth of all channels along the cross - section. 238 239 15.27.209 Base Flood. 240 `Base Flood" for purposes of administering Part Four means the flood having a one (1 %) percent 241 chance of being equaled or exceeded in any given year. (See, IBC 1612.2) 1 242 243 15.27.210 Base Flood Elevation 244 "Base flood elevation" for purposes of administering Part Four means the elevation of the base 245 flood, including wave height, relative to the National Geodetic Vertical Datum, North American 246 Vertical Datum, or other datum specified on the Flood Insurance Rate Map . (See, IBC 1612.2) 247 248 15.27.211 Basement. 249 "Basement" for purposes of administering Part Four means any area of the building having its 250 floor subgrade (below ground level) on all sides. (See, IBC 1612.2) 251 252 15.27.212 Bed 253 "Bed" means the land below the ordinary high water lines of state waters. This definition shall 254 not include irrigation ditches, canals, stormwater run -off devices, or other artificial watercourses 255 except where they exist in a natural watercourse that may have been altered by unnatural means. 256 257 15.27.213 Bedrock 258 "Bedrock" means the solid rock underlying unconsolidated surface materials. 259 260 15.27.214 Berm 261 "Berm" means a mound or wall of earth material used as a protective barrier to control the 262 direction of water flow. 1 263 264 15.27.215 Best Management Practices 265 "Best management practices" or "BMPs" means schedules of activities, practices, maintenance 266 procedures, and structural and /or managerial practices that, when used singly or in a combination 267 prevent or reduce adverse impacts to the environment. 268 269 15.27.216 Bioengineering 270 "Bioengineering" means project designs or construction methods, which use live woody 271 vegetation or a combination of live woody vegetation and specially developed natural or 272 synthetic materials, to establish a complex root grid within the existing bank, which is resistant 273 to erosion, provides bank stability, and maintains a healthy riparian environment with habitat 274 features important to fish life. Use of wood structures or limited use of clean angular rock may 275 be allowable to provide stability for the establishment of vegetation. X76 277 15.27.217 Breakwater 278 "Breakwater" means a fixed or floating offshore structure that protects the shore from the forces 279 of waves or currents. 280 281 DGC. 2/1/2008 INDEX 8 6--- 1 City of Yakima 15.27 CAO I 282 15.27.218 Bulkhead 283 "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the 1 284 shore consisting of concrete, timber, steel, rock, or other peinianent material not readily subject 285 to erosion. 286 I 287 15.27.219 Building Official 288 "Building Official" means the manager of the Code Administration and Planning Division or a 289 designee. I 290 291 15.27.220 . Channel 292 "Channel" means an open conduit, either naturally or artificially created, which periodically or I 293 continuously contains moving water, or which forms a connecting link between two bodies of 294 water. , 295 1 296 15.27.221 Classification 297 "Classification" means value and hazard categories to which critical areas and natural resource 298 .lands will be assigned. 299 • • .300 15.27.222 Clearing 301 "Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter I 302 from a parcel of land. . 303 304 15.27.223 Compaction 3 05 "Compaction" means compressing soil or other material through some mechanical means to 306 make it denser. 307 I 308 15.27.224 Construction 309 "Construction" means the assembly, placement, or installation of structures, roadways, 1 310 transmission lines, and other improvements within a parcel of land. . 311 312 15.27.225 Construction Materials I 313 "Construction Materials" for the purpose of Part Four means all new construction and substantial . 314 • improvements shall be constructed with material and utility equipment resistant to flood damage 315 (See Technical Bulletin 2 -93 for qualifying materials. (FEMA §60.3(a)(3)(ii) I 316 317 15.27.226 Construction Methods 318 "Constructions Methods" for the purpose of Part Four means all new construction and substantial I 319 improvements shall be constructed using methods and practices that minimize flood damage. 320 321 15.27.227 Critical Aquifer Recharge Area I 322 "Critical Aquifer recharge area" means an area with a critical recharging effect on an aquifer(s) 323 used for potable water or areas where a drinking water aquifer is vulnerable to contamination - 324 that would affect the potability of the water. I 325 326 15.27.228 Designated 327 "Designated" means foiinal legislative action to identify and describe a critical area. • DOC. INDEX 9 2/1/2008 1 # a -i • City of Yakima 15.27 CAO 328 1 329 15.27.229 Department 330 "Department" means the City of Yakima Department of Community & Economic Development. 1 331 332 15.27.230 Development . 333 "Development" means the division of land into lots or parcels in accordance with the City's 1 334 Subdivision Ordinance (YMC 14), and any clearing, excavation, dredging, drilling, filling, 335 dumping, removal of earth and mineral materials, or other permanent or temporary modification 336 of a parcel of land up to, but not including, construction as defined in this chapter. For the 337 purpose of §§ 15.27.400 - 436, "development" also means any manmade change to improved or 338 unimproved real estate located within a special flood hazard area, including but not limited to 339 buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, 340 temporary or permanent storage of equipment and works defined in this chapter. (See, IBC G 341 201.2) 342 1 343 15.27.231 Dike 344 "Dike" means an embankment to prevent flooding by a stream or other water body. A dike is 345 also referred to as a levee. 346 347 15.27.232 Dock 348 "Dock" means a structure built over or floating upon the water and used as a landing place for 349 boats and other marine transport, fishing, swimming, and other recreational uses. 350 351 15.27.233 Dredging 352 "Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of 353 increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill 354 materials. This definition does not include excavation for mining within a pond created by a 355 mining operation approved under this chapter or under a local zoning ordinance, or a mining 356 operation in existence before Zoning, Shorelines, or Critical Areas permits were required for 357 such operations. 358 359 15.27.234 Earth Material • 360 "Earth material" means any rock, natural soil, organic material or combination thereof. 361 362 15.27.235 Enhance 363 "Enhance" means to strengthen any of the basic functional properties listed in § 15.27.504 that 364 exist but do not perform at optimum efficiency. "Optimum" refers to the most favorable or best 365 performance of each function achievable for a specific segment of stream corridor. 366 367 15.27.236 Ephemeral Stream 368 "Ephemeral stream" means a stream that flows only in response to precipitation with no 369 groundwater association, usually 30 days or less per year. The lack of any groundwater 370 association results in a lack of a distinctive riparian vegetation compared to the surrounding 371 landscape. 372 373 DOC. 1 INDEX 2/1/2008 10 1 # C I' . II City of Yakima 15.27 CAO 374 15.27.237 Erosion 375 "Erosion" means the wearing away of the earth's surface as a result of the movement of wind, - 376 water, or ice. 377 378 15.27.238 Excavation I 379 "Excavation" means the mechanical removal of earth material. . 380 381 15.27.239 Fill I 382 "Fill" means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, 383 gravel, concrete rubble, rubble, wood chips, bark, or waste of any kind, which is placed, stored 384 or dumped upon the surface of the ground resulting in an increase in the natural surface I 385 elevation. The physical structure of a shore stabilization structure shall not be considered fill. 386 However, fill placed behind the structure is considered fill. Streambed manipulation for 387 irrigation diversions shall not be considered fill. I 388 389 15.27.240 Flood 390 "Flood" means a general and temporary condition of partial or complete inundation of normally 1 391 dry land areas from the unusual and rapid accumulation of runoff of surface waters from any 392 source. 393 394 15.27.241 Flood Hazard Permit 395 "Flood hazard permit" means written approval applied for and obtained in accordance with such 396 rules and regulations as are established under this chapter. . 1 397 398 15.27.242 Flood Insurance Rate Map 399 "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency I 400 Management Agency has delineated both the areas of special flood hazards and the risk premium 401 zones applicable to the community. 402 I 403 15.27.243 Flood Insurance Study 404 "Flood insurance study" means the official report provided by the Federal Emergency I 405 Management Agency that includes flood profiles, the flood boundary - floodway map, and the 406 water surface elevation of the base flood. 407 I 408 15.27.244 Floodplain 409 "Floodplain" means a land area adjoining a river, stream, watercourse, or lake, which has been 410 determined likely to flood. The extent of the floodplain may vary with the frequency of flooding I 411 being considered as per FEMA FIRM Maps. "Flood plain" is synonymous with the one hundred 412 (100) year floodplain and means that land area is susceptible to inundation with a one (1) percent 413 chance of being equaled or exceeded in any given year. 414 415 15.27.245 Flood -prone 416 "Flood- prone" means a land area for which a floodway and floodplain has not been determined I 417 with respect to any specific flood frequency, but for which the potential for flooding can be 418 identified by information observable in the field such as soils or geological evidence, or by • 419 materials such as flood studies, topographic surveys, photographic evidence or other data. 1 DOC. INDEX 2/1/2008 11 1 # C-3 City of Yakima 15.27 CAO 420 1 421 15.27.246 Flood- proofing 422 "Flood- proofing" for purposes of administering `'Part Four" means any combination of structural 1 423 and nonstructural changes or adjustments to structures, which reduce or lessen flood damages to 424 lands, water or wastewater treatment facilities, structures, and contents of buildings. 425 1 426 15.27.247 Floodway 427 "Floodway" means the regular channel of a river, stream, or other watercourse, plus the adjacent 428 land areas that must be reserved in order to discharge the base flood without cumulatively 1 429 increasing the water surface elevation more than one (1) foot. 430 431 15.27.248 Floodway Fringe ' 432 "Floodway fringe" for purposes of administering Part Four means that portion of a floodplain 433 which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve 434 as temporary storage for floodwaters. 435 436 15.27.249 Grade 437 "Grade" means the vertical location of the ground surface. 438 439 15.27.250 Grade, Existing 440 "Grade, Existing" is the current grade in either its undisturbed, natural condition or as disturbed 441 by some previous modification. 442 443 15.27.251 Grade, Finish 444 "Grade, Finish" is the final grade of the site, which conforms to an approved plan. 445 446 15.27.252 Grade, Natural 447 "Grade, Natural" is the grade as it exists or may have existed in its original undisturbed 448 condition. 449 450 15.27.253 Grade, Rough 451 "Grade, Rough" is a stage where grade conforms approximately to an approved plan. 452 453 15.27.254 Grading 454 "Grading" means any excavation, filling, or combination thereof. 455 456 15.27.255 Groundwater 457 "Groundwater" means water that occurs beneath the land surface, also called subsurface water or 458 subterranean water. Groundwater includes water in the zone of saturation of a water - bearing 459 formation. 460 461 15.27.256 Hydrologically Related Critical Areas (HRCA) 462 "Hydrologically related critical areas (HRCA)" include all those areas identified in § 15.27.502, 463 which are important and deserving of protection by nature of their value for the functional 464 properties found in § 15.27.504. 465 iNLiE.X 2/112008 12 1 . City of Yakima 15.27 CAO 1 466 15.27.257 Hyporheic 467 "Hyporheic" means a groundwater area adjacent to and below channels where water is I 468 exchanged with channel water and water movement is mainly in the downstream direction. 469 470 15.27.258 Intermittent Streams 471 "Intermittent stream" means a stream, which flows only during certain times of the year, with 472 inputs from precipitation and groundwater, but usually more than 30 days per year. Groundwater 473 ' association generally produces an identifiable riparian area. . I 474: This definition does not include streams that are intermittent because of irrigation diversion or 475 other manmade diversions of the water. 476 I 477 15.27.259 Lake or pond • 478 "Lake or pond" means an inland body of standing water. The tens can include the reservoir or 479 expanded part of a river behind a dam. I 480 481 15.27.260 Lowest Floor 482 "Lowest floor" for purposes of administering Part Four, means the lowest floor of the lowest I 483 enclosed area (including basement). An unfinished or flood - resistant enclosure, usable solely for . 484 parking of vehicles, building access or storage, in an area other than a basement area, is not 485 considered a building's lowest floor, provided that such enclosure is not built so as to render the I 486 structure in violation of the applicable non - elevation design requirements of this chapter. 487 488 15.27.261 Manufactured Home I 489 "Manufactured home" means a structure fabricated on a permanent chassis that is transportable 490 in one (1) or more sections; is designed to be used with or without a permanent foundation when 491 connected to the required facilities and is used for human occupancy as a residential dwelling. I 492 The term "manufactured home" shall include "mobile home" for regulatory purposes under this 493 chapter. - 494 The term shall not include "recreation vehicle." "commercial coach," "camping vehicle," "travel r 495 trailer," "park trailer," "tip- out," and any other similar vehicle, which is not intended, designed, 496 constructed or used as a single- family dwelling. I 497 498 15.27.262 Manufactured Home Park or Subdivision . 499 "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided I 500 into two (2) or more manufactured home lots for rent or sale pursuant to Title 15 of this Code. 501 502 15.27.263 Manufactured Home Park or Subdivision, Existing I 503 "Existing manufactured home park or subdivision" means a manufactured home park or 504 subdivision that was completed before December 15, 1981, the effective date of the floodplain 505 management regulations. I 506 . 507 15.27.264 Minerals 508 "Minerals" means gravel, sand and metallic and non - metallic substances of commercial value. I 509 • 510 15.27.265 Mining 1 `. 2/1/2008 INDEX 13 1 #61 City of Yakima 15.27 CAO 511 "Mining" means the removal of naturally occurring minerals and materials from the earth for 512 commercial value. Mining includes processing and batching. Mining does not include large 513 excavations for structures, foundations, parking areas, etc. (See also § 15.27.518 Dredging and - , 514 Excavation). 515 516 15.27.266 Minor Revision 1 517 "Minor Revision" for the purpose of this chapter is as follows but not limited to: minor changes 518 in facility orientation or location, minor changes I structural design that does not change the 519 height or increase ground floor area, and minor accessory structures (such as equipment covers 1 520 or small sheds near the main structure etc.). 521 522 15.27.267 Native 1 523 "Native" means indigenous to or originating naturally within the City of Yakima and 524 surrounding areas. 525 1 526 15.27.268 Natural Conditions 527 "Natural conditions" means those conditions, which arise from or are found in nature and not 528 modified by human intervention. 529 530 15.27.269 New Construction 531 "New construction" for purposes of administering Part Four, means start of construction after 532 construction plans were submitted to the City and the Building Division reviewed and approved 533 the construction plans to create a structure. 534 535 15.27.270 Non - Conforming Structure 536 "Non- conforming structure" for purposes of administering Part Four, means a structure, which 537 was lawful prior to the adoption or amendment of this chapter, but which fails by reason of such 538 adoption or amendment, to conform to the present requirements of the zoning district in which it 539 is located. In addition, the structure may not be permitted as a new structure under the terms of 540 this chapter because the structure may not be in conformance with the applicable elevation 541 and /or flood- proofing requirements. 542 543 15.27.271 Non - Conforming Use 544 "Non- conforming use" for purposes of administering "Part Four ", means a use of land or 545 structure, which was lawfully established and maintained prior to the adoption or amendment of 546 this chapter, but does not conform to this chapter for the zoning district in which it is located. In 547 addition, the use may not be permitted as a new use under the terms of this chapter because the 548 use may not be in conformance to the applicable elevation and /or flood - proofing requirements. 549 550 15.27.272 Normal Appurtenances - 551 Normal Appurtenances includes garages, deck, driveways, utilities, fences, and grading, which • 552 do not exceed two hundred fifty (250) cubic yards. 553 554 15.27.273 Normal Repair ' DOC. 2/1/2008 INDEX 14 I City of Yakima 15.27 CAO III 555 "Normal repair" means to restore a development to a state comparable to its original condition, 556 including but not limited to its size, shape, configuration, location and external appearance, 557 within a reasonable period after decay or partial destruction. 558 559 15.27.274 Ordinary High Water Mark (OHWM) I 560 "Ordinary high water mark" means a mark on lakes and streams which can be found by 561 examining the bed and banks and ascertaining where the presence and action of waters are 562 common . and usual, and so long continued in ordinary years as to create a character mark upon I 563 the soil distinct from that of the abutting upland. 564 . 565 15.27.275 Perennial Stream I . .. "Perennial stream" means a stream that flows year round in normal water years. 567 568 15.27.276 Project Site I 569 "Project site" means that portion of any lot, parcel, tract, or combination thereof which 570 encompasses all phases of the total development proposal. 571 t 572 15.27.277 Qualified Professional • 573 "Qualified Professional" means a person with experience, training, expertise, and related work 574 experience appropriate for the relevant critical area subject in accordance with WAC 365 -195- I 575 905(4). The professional shall provide their qualifications to the Administrative Official to 576 insure the professional has the acceptable level of qualifications and experience for the relevant 577 critical area they will be working in. 1 578 579 15.27.278 Recreation Vehicle I 580 "Recreation Vehicle" means a vehicle which is: 581 (1) Built on a single chassis; 582 (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; I 583 (3) Designed to be self - propelled or permanently towable by a light -duty truck; and, . 584 (4) Designed primarily for temporary living quarters used during recreational, camping, travel, or 585 , seasonal conditions. 586 I 587 15.27.279 Restore • 588 "Restore" means to re- establish the basic functional properties listed in § 15.27.504 that have I 589 been lost or destroyed through natural events or human activity with measures such as re- 590 vegetation and removal or treatment of toxic materials. 591 I 592 15.27.280 Restoration 593 "Restoration" Does not imply a requirement for returning the site to aboriginal or pre- European 594 settlement conditions rather the return of a critical area with vegetation and addressing any toxic I 595 materials from the date of the pennit. 596 597 15.27.281 Revetment . I 598 "Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore 599 structure against erosion by wave action or currents. 600 1 r 2/1 /2008 INDEX 15 # Cyr-- 1 City of Yakima 15.27 CAO 1 601 15.27.282 Riparian vegetation 602 "Riparian Vegetation" means the terrestrial vegetation that grows beside rivers, streams, and 603 other freshwater bodies and that depends on these water sources for soil moisture greater than 604 would otherwise be available from local precipitation. 605 606 15.27.283 Riprap 1 607 "Riprap" means a layer, facing, or protective mound of rubble or stones randomly placed to 608 prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this 609 purpose. 1 610 611 15.27.284 Scour 612 "Scour" means the removal of underwater material by waves and currents, especially at the base 1 613 or toe of a shore stabilization structure. 614 615 15.27.285 Shoreline 1 616 "Shoreline," as used in this chapter, means those water areas, the associated features, and the 617 land areas that are subject to the State Shoreline Management Act, as defined in RCW 90.58.030 618 and the City of Yakima's current Shoreline Master Program (definitions). 619 620 15.27.286 Shore Stabilization 621 "Shore stabilization" means the construction or modification of bulkheads, retaining walls, dikes, 622 levies, riprap, breakwaters, jetties, groins, weirs, and other structures along the shore, for the 623. purpose of controlling stream undercutting, stream erosion or lake shore erosion. 624 625 15.27.287 Single - Family Dwelling 626 "Single- family residence" means a detached dwelling designed for and occupied by one (1) 627 family, including those structures and developments, which are a normal appurtenance. 628 629 15.27.288 Slope 630 "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of 631 horizontal distance to vertical distance. 632 633 15.27.289 Solid Waste 634 "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but 635 not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and 636 construction wastes, abandoned vehicles or parts thereof, and discarded commodities. 637 638 15.27.290 Special Flood Hazard Areas 639 "Special flood hazard area" means the land in the floodplain identified by the Federal Emergency 640 Management Agency that is subject to a one (1) percent or greater chance of flooding in any 641 given year. Commonly known as the one hundred (100) year floodplain. 642 643 15.27.291 Start of Construction 644 "Start of construction" for purposes of administering Part Four, means the first placement of 645 permanent construction of a structure on a site, such as the pouring of slabs or footings or land DOC. INDEX 2/1/2008 16 — . • i • City of Yakima 15.27 CAO I 646 preparation, such as clearing, grading and filling, the installation of streets or walkways; 647 excavation for a basement, footings, piers or foundations, or the erection of temporary forms. I 648 649 15.27.292 Stream 650 "Stream" means water contained within a channel, perennial, intermittent, or ephemeral. I 651 Streams include both natural watercourses and those modified by man (Example: stream flow 652 manipulation, channelization, and relocation of the channel). 653 They do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, canals, I 654 stormwater runoff facilities, or other artificial watercourses except those that are located within 655 existing wetland or streams. 656 1 657 15.27.293 Stream Corridor 658 "Stream corridor," as used in this chapter, means features listed and described in § 15.27.502. 659 . . 1 660 15.27.294 Structure 661 "Structure" means anything constructed or erected, which requires location on the ground, or 662 attached to something having a location on the ground, but not including fences or walls used as 1 663 fences less than six (6) feet in height and include gas or liquid storage tanks when located above 664 ground. 665 I 666 15.27.295 Substantial Improvement 667 "Substantial improvement" for purposes of administering Part Four means any repair, I 668 reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) 669 percent of the assessed value of the structure either: 670 (1) Before the improvement or repair is started; or 671 (2) Before the damage occurred to a structure. I 672 (3) For the purposes of this definition, "substantial improvement" occurs when the first 673 alteration of any wall, ceiling, floor, or other structural part of the building commences, • I 674 whether or not that alteration affects the external dimensions of the structure. The total 675 value of all improvements to an individual structure undertaken subsequent to March 4, 676 1986, the effective date of this title, shall be used to define "substantial improvement" for I 677 said structure. The term does not, however, include either: 678 (a) Any project for improvement to a structure to comply with existing state or local 679 health, sanitary or safety code specifications which are solely necessary to assure safe I 680 living conditions; or . 681 (b) Any alteration of a structure listed on the National Register or Historic Places or a 682 state inventory of historic places. I 683 684 15.27.296 Use 685 "Use" (See "Use as defined in ch. 15.02). I 686 687 688 I 689 15.27.297 Utility Equipment 690 "Utility Equipment' for the purposes of Part Four means all electrical, heating, ventilation, 691 plumbing and air - conditioning equipment and other service facilities shall be designed and /or 1 DOC. zi�izoos INDEX 17 1 # C -1 Ci ty of Yakima 15.27 CAO 692 otherwise elevated or located so as to prevent water from entering or accumulating within the 693 components during conditions of flooding. 694 695 15.27.298 Vegetative Buffer or Buffer 696 "Vegetative buffer or Buffer" means an area extending landward from the ordinary high water 697 mark of a lake or stream and /or from the edge of a wetland which is maintained or otherwise 1 698 allowed to provide support for the performance of the basic functional properties of a stream 699 corridor, wetland and other hydrologically related critical areas as set forth in §§ 15.27.504 700 Functional Properties and 15.27.603 Wetland Functions and Rating. 701 702 15.27.299 Wetland 703 "Wetland" means areas that are inundated or saturated by surface water or ground water at a 704 frequency and duration sufficient to support, and that under normal circumstances do support, a 705 prevalence of vegetation typically adapted for life in saturated soil .conditions. Wetlands 706 generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those 707 artificial wetlands intentionally created from non - wetland sites, including, but not limited to, 708 irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater 709 treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 710 1990, that were unintentionally created as a result of the construction of a road, street, or 711 highway. Wetlands may include those artificial wetlands intentionally created from nonwetland 712 areas created to mitigate conversion of wetlands. 713 714 15.27.299A Wildlife 715 "Wildlife" means all species of the animal kingdom whose members exist in Washington in a 716 wild state, which includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or 717 invertebrate, at any stage of development. 718 719 15.27.299B Wildlife Habitat 720 "Wildlife habitat" means an area, of climate, soils, vegetation, relationship to water, location, and 721 or other physical properties, which are identified as having a critical importance to the 722 maintenance of wildlife species. 723 724 15.27.299D Works 725 "Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved 726 road, abutments, projection, excavation, channel rectification, or improvement. 1 1 1 • 1 DOC. 1 INDEX 2i1 %2008 ] City of Yakima 15.27 CAO I 727 CHAPTER 15.27 728 PART THREE • 729 • APPLICATION AND REVIEW PROCEDURES 730 Sections Defined: 731 General Provisions 1 732 15.27.300 Critical Area Development Authorization Required 733 Inquiry and Early Assistance 734 15.27.301 Critical Area Identification Form and Critical Areas Report Requirements • I 735 15.27.302. Pre - application Conference 736 Abbreviated Review Alternatives 737 15.27.303 Activities Allowed without a Pernlit or Exemption 1 738 15.27.304 Exemption Procedural Requirements. 739 15.27.305 Documented Exemptions for Hydrologically Related Critical Areas, Wetlands 740 15.27.306 Documented Exemptions for Geologically Hazardous Areas Development 1 741 Authorizations 742 15.27.307 "Mitigation requirements 743 Review Process 1 74.4 15.27.308 Application Submittal 745 15.27.309 Determination of Review Process 746 15.27.310 Development Authorization — Review Procedure I 747 15.27.311 Authorization Decisions — Basis for Action 748 15.27.312 Conditional Approval of Development Authorization 749 15.27.313 Fees and Charges I 750 Critical Areas Reports 751 15.27.314 Critical Areas Report Requirements 752. 15.27.315 Supplemental Report Requirements for Specific Critical Areas I 753 Permit Review Criteria 754 15.27.316 Standard Development Permit 755 15.27.317 Adjustment I 756 15.27.318 Reasonable Use Exception 757 15.27.319 Minor Revisions to Approved Uses or Developments I 758 15.27.320 Non- Conforming Uses and Facilities 759 15.27.321 General Critical Areas Protective Measures 1 1 1 1 1 !AY: 2/1/2008 } N D E> 19 # - City of Yakima 15.27 CAO 1 760 1 761 General Provisions 762 15.27.300 Critical Area Development Authorization Required 1 763 (1) No new development, construction or use shall occur within a designated critical area 764 without obtaining a development authorization in accordance with the provisions of this chapter, 765 except for those provided for in § 15.27.303 Activities Allowed. 766 Exemptions, as provided for in §§ 15.27.304 through 15.27.306, shall be considered as 767 development authorization. 768 (2) With respect to application and review procedures, it is the intent of this chapter to 769 streamline and coordinate development authorization within a critical area and recognize other 770 requirements by local, state, and /or federal permits or authorizations. Development, 771 construction, or use occurring within a designated critical area shall be processed according to 772 the provisions of this chapter, unless determined to be exempt. 773 (3) _ Approval of a development authorization under this chapter shall be in addition to, and not a 774 substitute for, any other development permit or authorization required by the City of Yakima. I 775 Approval of a development authorization under this chapter shall not be interpreted as an 776 approval of any other permit or authorization required of a development, construction, or use. 777 (4) Development authorizations issued in accordance with this chapter shall continue with the 778 land and have no "sunset clause" unless otherwise stated in the development authorization. 779 (5) Coordination with Other Jurisdictions. 780 (A) Where all or a portion of a standard development project site is within a designated I 781 critical area and the project is subject to another local, state or federal development permit or 782 authorization, the Administrative Official shall determine whether the provisions of this 783 chapter can be processed in conjunction with a local, state or federal development permit or 784 authorization, or whether a separate critical area development authorization application and 785 review process is necessary. 786 The decision of the Administrative Official shall be based upon the following criteria: 787 (i) The nature and scope of the project and the critical area features involved or 788 potentially impacted; 789 (ii) The purpose or objective of the pennit or authorization and its relationship to 790 protection of the critical area; 791 (iii) The feasibility of coordinating the critical area development authorization with 792 other permitting agency; 793 (iv) The timing of the permit or authorization. 794 (B) When a determination has been made that provisions of this chapter can be handled Il 795 through another applicable development permit or authorization process, project proponents 796 may be required to provide additional site plans, data, and other information necessary as part 797 of that process to ensure compliance with this chapter. The Administrative Official's I 798 decision on the critical area development authorization shall be coordinated to coincide with 799 other permits and authorizations. The Administrative Official may determine to accept the 800 development authorization and /or permits from the other reviewing agencies as complete 1 801 compliance with the city's critical area ordinance. 802 803 1 804 805 Inquiry and Early'Assistance . . DOC. 1 2/1/2008 INDEX 20 #3 1 I City of Yakima 15.27 CAO 1 806 15.27.301 Critical Area Identification Form and Critical Area Report Requirements. 807 1. Prior to the review of any applicable proposed development, construction or use, the I 808 applicant shall provide the City with a Critical Areas Identification Form and site plan 809 and any other information the City may require to determine if a area is present. 810 I 811 2. Upon receipt of a Critical Area Identification Form and site plan, the Administrative 812 Official or designee may conduct a site examination to review critical area conditions. 813. The Administrative Official or designee shall notify the property owner of the site I 814 examination prior to the site visit and the property owner shall provide reasonable access 815 to the site. 816 1 817 3. The Administrative Official or designee shall review the available information pertaining 818 to the proposal and make a determination whether any critical areas may be affected. If 819. so, a more detailed critical area report shall be submitted in conformance with 1 820 15.27.314 Critical Areas Report Requirements and § 15.27.315 Supplemental Report 821 Requirements for Specific Critical Areas, except as provided below: 822 i. No critical areas present. If the Administrative Official or designee is 1 823 able to sufficiently determine a critical area does not exist within or 824 adjacent to the project area and / or a critical area report is not required. 825 ii. Critical areas present, but no impact. If the Administrative Official or 1 826 designee is able to determine the existence, location and type of critical 827 area and the project area is not within the critical area and or the project 828 will not have an indirect impact on the function of an adjacent wetland. - 1 829 iii. Critical areas may be affected by a proposal. The Administrative 830 Official designee may waive the requirement for a critical areas report 831 utilizing the technical expertise of other reviewing agencies if: I 832 1. The Administrative Official is sufficiently able to determine the 833 existence, location and type of the critical area; . . 834 2. The project scale or nature is such that a specialist is not necessary I 835 to identify impacts and mitigation; and, 836 3. The applicant agrees to provide mitigation the Administrative I 837 Official deems adequate to mitigate for anticipated impacts. 838 4. Reports will generally fall into the following groups: 839 i. Determining the absence of a critical area; I 840 ii. Determining the existence, Iocation and type of a critical area; 841 iii. Determining impacts of an encroachment on a critical area and general 842 mitigation measures; and . I 843 iv. Developing a compensatory mitigation plan. 844 5. The. Administrative Official or designee shall base wetland boundary determinations on 845 those criteria specified in the Washington State Wetlands Identification and Delineation I 846 Manual (1997). Wetland mitigation adequacy determination by the Administrative 847 Official shall be consistent with the Wetland Mitigation in Washington State, Parts 1 and 848 2 (March 2006 or as updated). 1 849 850 15.27.302 Pre - application Conference 1 DOC. • 2/1/2008 INDEX 21 1 # el— I City of Yakima 15.27 CAO 851 Any new development or use falling under the provisions of this chapter may be subject to a pre - 852 application conference. Prior to the pre - application conference, the project proponent must 853 submit a Critical Area Identification From and preliminary site plan. 1 854 A project review for flood hazards shall follow the pre- application requirements established to 855 administer Part Four Flood Hazard Areas. 856 The pre- application conference is intended to allow the Administrative Official or designee to: 857 (1) Establish the scope of the project and identify potential concerns that may arise; 858 (2) Identify permits, exemptions, and authorizations, which the project proponent may need 859 to obtain; 860 (3) Deterniine whether the project will be processed through the development procedures 861 of this chapter or coordinated with the review procedures of another development 862 permit or authorization; 111 863 (4) Provide the proponent with resources and technical assistance (such as maps, scientific 864 information, other source materials, etc.); and 865 (5) Determine whether there is a need for a preliminary site assessment. 866 867 868 869 Abbreviated Review Alternatives 870 15.27.303 Minor Activities Allowed without a Permit or Exemption. 871 1) This chapter shall be inapplicable to the following actions (15.27.140(2)): 872 a) Maintenance of existing, lawfully established areas of crop vegetation, landscaping, 873 paths, and trails or gardens within a regulated critical area or its buffer. Examples 874 include: mowing lawns, weeding, garden crops, pruning, and planting of non - invasive 875 ornamental vegetation or indigenous native species to maintain the general condition and 876 extent of such areas; 877. b) Minor maintenance and /or repair of structures that do not involve additional 878 construction, earthwork, or clearing. Examples include painting, trim or facing 879 replacement, re- roofing, etc. Cleaning , operation and maintenance of canals, ditches, 880 drains, waste ways etc. is not considered additional earthwork, as long as the cleared 881 materials are placed outside the stream corridor, wetlands, and buffers; 882 c) Low impact activities such as hiking, canoeing, viewing, nature study, photography, 883 hunting, fishing, education or scientific research; 884 d) Creation of private trails that do not cross streams or wetlands that are less than two (2) 885 feet wide and do not involve placement of fill or grubbing of vegetation; 886 e) Maintenance and normal work of the Greenway pathway and grounds; 887 f) Planting of native vegetation; 888 g) Noxious weed control outside vegetative buffers identified in § 15.27.514; 889 h) Noxious weed control within vegetative buffers, if the criteria listed below are met. 890 Control methods not meeting these criteria may still apply for a restoration exemption, or 891 other authorization as applicable: 1 892 i. Hand removal /spraying of individual plants or other acceptable method approved by 893 the administrative official; 894 ii. No area wide vegetation removal /grubbing. 1 895 896 DOC. 2/1 /2008 INDEX # C�- 22 1 City of Yakima 15.27 CAO o 1 897 898 15.27.304 Documented Exemption — Procedural Requirements. 1 899 The following development activities are exempt from standard development peimits, except that 900 Flood Hazard exemptions shall follow the exemption procedures found in § 15.27.403. 901 Exemption from this chapter shall follow procedures 6 a) below, and does not under any 1 902 circumstances give permission to degrade a critical area or ignore risk from natural hazards. Any 903 incidental damage to, or alteration of, a critical area that is not a necessary outcome of the 904 exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense. 1 905 according to § 15.27.521 Reclamation. 906 1) . Exemptions shall be construed narrowly and any exempted development shall be 907 consistent with the policies and provisions of this chapter. 1 908 2) If any part of a proposed development is not eligible for an exemption, then a 909 development permit is required for the entire proposed project. . 910 3) The burden of proof that a development or use is exempt is on the applicant. 1 911 4) When a development or use is proposed that does not comply with the bulk, dimensional 912 and performance standards of this chapter, such development must also obtain an 913 . Adjustment. I 914 5) All exempted activities shall use reasonable methods to avoid potential impacts to critical 915 areas. I 916 6) The proponent of an exempt activity shall submit a written request for a documented 917 exemption which states the following: 918 a) Why the exemption is being sought. I 919 b) A project description that demonstrates the following: . 920 i) The sequence of activities to be conducted, 921 ii) The equipment to be used (hand or mechanical), 922 iii) The best management practices to be used, I 923 iv) The efforts employed to minimize adverse impacts, and 924 v) Restoration for disturbed areas following the activity including mitigation for I 925 lost wetland functions. 926 7) The Administrative Official or designee shall approve or deny the exemption. A formal 927 letter of exemption shall be provided when an exempt activity is approved under this I 928. chapter. If an exemption cannot be granted, the Administrative Official or designee shall 929 notify the applicant in writing, stating the reason for denial of the exemption, at which 930 time the applicant may pursue other permit processes under this chapter or modify the I 931 activity to a level that would justify reconsideration. 932 8) The following activities are exempt from the standard development permit process and 933 identified in the following locations. However, this provision does not exempt an activity II 1 934 from other parts, permits or reviews required under Ch. 15.27: 935 a. Those activities listed in § 15.27.305 Exemptions for Hydrologically Related 936 Critical Area Features and Wetlands; I 937 b. Those activities listed in § 15.27.306 Exemptions for Geologically Hazardous 938 Areas; and, 939 c. Those activities listed in § 15.27.403 are exempt from the Flood Hazard Permit I 940 requirements of "Part Four" Flood Hazard Areas. 941 1 DOC. 1 2/1/2008 INDEX 23 City of Yakima 15.27 CAO 942 15.27.305 Documented Exemptions for Hydrologically Related Critical Areas and 1 943 Wetlands 944 The following development activities are exempt from standard development permits, except that 1 945 Flood Hazard exemptions shall follow the exemption procedures found in § 15.27.403. 946 947 (1) Construction of a single- family residence and appurtenances where the residence and • 1 948 appurtenances meet all requirements of the City of Yakima and do not lie within a 949 designated critical area or buffer (See Single- Family Dwelling and Normal Appurtenances 950 definition §§ 15.27.287 & 15.27.272). Applications for development within critical areas 951 or their buffers shall follow the procedures of 15.27.317 Adjustments. 952 a) Construction shall not involve placement of fill in any wetland or at locations 953 waterward of the ordinary high water mark; and 954 b) Construction authorized under this exemption shall be located landward of the 955 ordinary high water mark. 956 (2) Single - Family residence bulkheads, which includes those structural and nonstructural 957 developments installed at or near, and parallel to, the ordinary high water mark for the sole 958 purpose of protecting the single- family residence and appurtenant structures from loss or 959 damage by erosion. 960 a) Normal protective bulkheads are not exempt if constructed for the purpose of creating 961 dry land. 962 b) The Administrative Official or designee shall consider bioengineering options prior to 963 exemption of (b) & (c) below. 964 c) When repairing an existing bulkhead by construction of a vertical wall it shall be 965 constructed no further waterward of the existing bulkhead. 1 966 d) Bioengineered erosion control projects may be considered a bulkhead when the 967 project has been approved by the Department of Fish and Wildlife; 968 (3) Normal maintenance or repair of existing structures or development, including damage 969 by accident, fire, or elements are exempt, but may require a building permit. (See § 970 15.27.273 Normal Repair). 971 a) Except where repair involves total replacement or causes substantial adverse effects 972 to the environment. . 973 b) Replacement of non - conforming uses or facilities may also be subject to Ch. 15.19 974 Non - conforming Uses and Facilities; 975 (4) Emergency construction for protecting property from damage by the elements. 976 The following criteria must exist to qualify any action under an emergency provision: 977 a) There must be an immediate threat to life, public or private property, or the 978 environment arising from a natural condition or technical incident. 979 b) The emergency response must be confined to the action necessary to protect - 980 life or property from damage. 981 c) The scope of the emergency response must be limited to the work necessary to 982 relieve the immediate threat. 983 d) The emergency response applies only to the period of time when the actual 984 emergency exists. 985 e) The request must be accompanied by a permit application or for an emergency 986 exemption. Submittal requirements may be waived until after the emergency is Da. 1 INDEX 2/1 /2008 24 City of Yakima 15.27 CAO I 987 deemed abated, and at that time the property owner shall submit an emergency 988 mitigation summary to the City of Yakima; I 989 (5) Construction of a dock for the use of a single - family or multiple- family residence; 990 (6) The construction of canals, waterways, drains, reservoirs, or other manmade facilities 991 as a part of an irrigation system; I 992 (7) Any project with certification from the governor pursuant to RCW 80.50 (Energy 993 facilities site locations); 994 (8) Watershed restoration projects pursuant to RCW 89.08.460; 1 995 (9) Site exploration and investigation activities required for a development permit 996 provided that: .997 a) The activity will have no significant adverse impact on the environment, II 998 b) The activity does not involve the installation of any structure, and 999 c) Upon completion of the activity, the vegetation and land configuration of the site are 1000 restored to conditions as they existed prior to the activity; III 1001 (10) The process of removing or controlling aquatic noxious weeds, as defined in RCW 1002 17.26.020 (control of spartina and purple loosestrife), through the use of an herbicide or 1003 other treatment methods applicable to weed control that are recommended by a final I 1004 , environmental impact statement published by the Department of Agriculture or the 1005 Department of Ecology jointly with other state agencies under chapter 43.21C RCW I 1006 (SEPA); 1007 (11) A public or private project to improve fish or wildlife habitat or fish passage, if: 1008 a) The project has been approved by the Department of Fish and Wildlife; 1009 b) The project has received hydraulic project approval by the Department of Fish and I 1010 Wildlife pursuant to chapter 75.20 RCW (Hydraulics Code); 1011 c) The Administrative Official has determined that the project is consistent with this 1012 chapter. I 1013 d) Fish habitat enhancement projects that conform to the provisions of RCW 1014 77.55.181 (Fish Habitat Enhancement Projects) are deemed consistent with this I 1015 . chapter. 1016 . (12) Hazardous substance remedial actions pursuant to chapter 70.105D RCW (Model 1017 Toxics Control Act). • 1018 (13) The removal of trees, which are hazardous, posing a threat to public safety, or pose an • 10.19 imminent risk of damage to private o r public property, from critical areas and their buffers. 1020 I 1021 15.27.306 Documented Exemptions for Geologically Hazardous Areas Development 1022 Authorizations • 1023 The following development activities are exempt from standard development permits that are I 1024 required for Geologically Hazardous Areas: 1025 (1) Additions to or alteration of existing single- family residences. 1026 (2) Uses and surface disturbances (clearing and grubbing) that do not include excavation, fill ▪ 1027 or irrigation; ▪ 1028 (3) Structures less than one hundred and twenty (120) square feet; and 1029 (4) Oil, gas, wind or other exploration that does not include explosions, road construction, I 1030 excavation, or fill. 1 031 1032 15.27.307 Mitigation requirements DOC, • . INDEX 2/1/2008 25 1 City of Yakima 15.27 CAO 1033 (1) All mitigation shall be sufficient to maintain the functions and values of the critical area. 1 1034 (2) All development shall demonstrate that reasonable efforts have been examined to avoid and 1035 minimize impacts to critical areas; and 1 1036 (3) When an alteration to a critical area is proposed, it shall be avoided, minimized, or 1037 mitigated for in the following order of preference: 1038 (a) Avoiding the impact; . 1 1039 (b) Minimizing impacts by limiting the degree or magnitude of the action, by using 1040 appropriate technology. (i.e. project redesign, relocation or timing, to avoid or 1041 reduce impacts); , 1042 (c) Rectifying the impact by repairing, rehabilitating or restoring the affected 1043 environment as appropriate; 1044 (d) Reducing or eliminating the impact by preservation and maintenance operations; 1 1045 (e) Compensating for the impact by replacing or providing substitute resources or 1046 environments; or 1047 (f) Monitoring the impact and taking appropriate corrective measures. 1048 (4) If an alteration to a critical area is unavoidable, all adverse impacts to that critical area 1049 and its buffers shall be mitigated for in accordance with an approved Mitigation Plan and 1050 mitigation for wetland impacts shall be mitigated in accordance with the Washington 1 1051 State Department of Ecology Wetland Mitigation in Washington State, Parts 1 and 2 1052 (March 2006 or as updated). 1053 (5) Mitigation shall be in -kind and on -site, whenever possible, and may be out -of -kind and /or 1 1054 off -site when deemed appropriate by the Administrative Official or designee. 1055 Review Process' 1056 15.27.308 Application Submittal 1057 (a) Applications for development authorizations under this chapter shall be made on forms 1058 provided by the Department. Application submittals shall include a site plan drawn to an 1 1059 engineering scale of 1:20 showing: 1060 i) Dimensions of all sides of the parcel, 1061 ii) Size and location of existing and proposed structures, 1062 iii) Excavation, fill, drainage facilities, impervious surfaces, topography, slope; and, 1063 iv) Other information as needed to determine the nature and scope of the proposed 1064 development; and 1065 v) Location of all critical areas such as those identified in § 15.27.314 for Critical Area • 1066 Report Requirements. 1067 (b) The submittal shall also include all required critical areas reports prepared in conformance 1 1068 with §§ 15.27.314 & 315. 1069 (c) To be complete, a critical area development authorization application must include all maps, 1070 drawings and other information or data specified by this chapter or requested on the basis of the - 1 1071 pre- application conference (§ 15.27.302). 1072 1073 15.27.309 Determination of Review Process 1 1074 a) The Administrative Official or designee shall determine from the application submittal, 1075 and other available information what type of permit and /or review will be required under 1076 this chapter. 1 1077 b) Specific information of permit type, review and process can be found in 1078 subsequent sections of Part Three of this chapter. However, a description of each 1 n zoos INDEX z 26 # 1 C —1 City of Yakima 15.27 CAO I 1079 type of permit or review is provided in Table 3 -1 below. More than one 1 yp p P ( ) 1080 pen or review may be needed for a project dependant upon project complexity. I 1081 Table 3 -1 General Permits or Reviews Standard Development. Standard development projects include any development not subject to 1 RCW Ch. 90.58, the Shoreline Management Act. Documented Exemptions. Documented Exemptions are described as minor activities that do not need to go through a permit process. Exemptions from this chapter may be found in the following § §: 15.27.305 - 306 and 15.27.403. Specific Permits Adjustment. An Administrative Adjustment is used outside Shoreline jurisdiction when a project requires a reduction or adjustment to a development standard. Non - conforming Use or Facility Alteration. A Non - conforming Use or Facility Alteration is necessary when an existing use that currently does not conform to this chapter is to be altered. ' Minor revisions to an Existing Permit. A Minor Revision to an Existing Permit allows a simplified review of certain changes to a project that has previously received a permit. Reasonable Use Exception. A Reasonable Use Exception provides an alternative to landowners when all reasonable use of a property has been prohibited. Flood Hazard Permit. A Flood Hazard Permit is required for activities within floodplains. It may include many of the specific permit types noted above, which are described in Part Four §§ 15.27.400 436. It is focused mainly on construction methods, but may include site design to minimize impacts to adjacent properties or resources, or to locate the proposed development in • areas where depth and velocity of floodwaters during the base flood do not exceed the current ' standards for construction of human occupied 'structures or safe access. • 1082 1 • 1083 1084 • 15.27.310 Development Authorization — Review Procedure 1085 Upon submittal and acceptance of a completed development authorization application, the 1 1086 Administrative Official or designee shall process and review the application as follows. Except: 1087 Permits or reviews under Part Four shall follow the development regulations and procedures of 1088 §§15.27.400 — 436. ' • 1089 1090 (1) Development authorizations shall be processed in accordance with Ch. 15.29 Notice 1091 Procedures and with specific requirements provided in §§ 15.27.316 - 320, including but I 1092 not limited to: 1093 a. submittals; 1094 b. completeness review; 1095 c. notices; 1096 d. hearings; 1097 e. decisions; and, 1 1098 f. appeals. 1099 1 100 (2) Development authorizations shall be reviewed in conformance with the applicable 1 1101 • development standards of §15.27.321 and with Parts Five — Eight. 1102 1 2/1,2008 INDEX 27 • 6- 1 City of Yakima 15.27 CAO • 1103 (3) Decisions on a development authorization shall be consistent with p §§ 15.27.311 1104 Authorization Decision — Basis for Action, 15.27.312 Conditional Approval of 1105 Development Authorizations, and with any specific decision criteria provided under the 1106 section for each relevant permit type, as provided in §§ 15.27.316 - 321 (Permit Review 1107 Criteria). 1108 11 1109 15.27.311 Authorization Decisions — Basis for Action 1110 The action on any development authorization under this chapter shall be based upon the 1111 following criteria: 1 1 12 (1) Impact of the project to critical area features on and abutting the property; 1113 (2) Danger to life or property that would likely occur as a result of the project; 1114 (3) Compatibility of the project with the critical area features; 1115 (4) Conformance with applicable development standards; . 1116 (5) Compliance with flood hazard mitigation requirements of §§ 15.27.400 - 436; 1 117 (6) Adequacy of the information provided by the applicant or available to the Department; 1118 (7) Based upon the project evaluation, the Administrative Official shall take one (1) of the 1119 following actions: 1 120 • a) Grant the development authorization; or, 1121 b) Grant the development authorization with conditions, as provided in § 15.27.312 1 122 (Conditional Approval), to mitigate impacts to the critical area feature(s); or, 1 123 c) Deny the development authorization. 1124 (8) The decision by the Administrative Official or designee shall include written findings 1125 and conclusions. • 1126 1127 15.27.312 Conditional Approval of Development Authorization 1128 In granting any development authorization, the Administrative Official or designee may impose 1129 conditions to: 1 130 (1) Accomplish the purpose and intent of this chapter; 1131 (2) Eliminate or mitigate any identified negative impacts of the project; 1132 (3) Protect critical areas from damaging and incompatible development. 1133 1134 15.27.313 Fees and Charges 1135 The Yakima City Council shall establish the schedule of fees and charges listed in Yakima 1136 Municipal Code, Title 15 (City of Yakima Fee Schedule), for development authorizations, 1137 variances, appeals and other matters pertaining to this chapter. 1138 1139 Critical Areas. Reports 1140 15.27.314 Critical Areas Report Requirements 1141 (1) The Administrative Official or designee may require a critical areas report, paid for by 1142 the applicant, when it is determined necessary. - 1143 (2) A qualified professional shall prepare the report consistent with Best Available Science. 1144 The intent of these provisions is to require a reasonable level of technical study and 1145 analysis sufficient to protect critical areas. The analysis shall be appropriate to the value 1146 or sensitivity of a particular critical area and relative to the scale and potential impacts of 1147 the proposed activity. • 1148 (3) The critical area report shall: INDEX z>>noos # nn 28 1 �-1 - 1 City of Yakima 15.27 CAO 1 1149 a) Demonstrate the,proposal is consistent with the purposes and standards of this 1150 chapter; I 1151 b) Describe all potential risks to critical areas, and assess impacts on the critical area 1152 from the activities and uses proposed; and, 1153 c) Identify mitigation and protective measures. 1 1154 (4) The critical areas report shall include information addressing the supplemental report 1155 requirements (See § 15.27.315). 1156 (5) The Administrative Official or designee shall review the critical areas report for 1 1157 completeness and accuracy and shall consider the recommendations and conclusions to 1158 assist in making decisions on development authorizations, appropriate mitigation, and 1 159 protective measures. 1 1160 (6) Critical areas reports shall be valid for a period of five (5) years, unless it can be 1161 demonstrated that a previous report is adequate for current analysis. Reports prepared for 1 162 adjacent properties may be utilized for current analysis only when it can be shown I 1 163 through a supplemental report or site investigation that conditions on site are unchanged. 1164 (7) The Administrative Official or designee may require the preparation of a new critical area 1 165 assessment or a supplemental report if the initial assessment is in error. I 1166 (8) The Administrative Official or designee may reject or request revision of the critical 1167 areas report when it can be demonstrated that the assessment is inaccurate, incomplete or • 1168 does not fully address the critical areas impacts involved. I 1169 (9) Applicants shall provide reports and maps to the City in both electronic and paper 1170 formats. In addition, all critical area delineations / maps shall be provided to the City by .1171 means of a GPS projected coordinate system data set, such as, NAD 27 or NAD 83. The 1 1172 • City may waive this requirement for single - family developments. Applicants are 1173 encouraged to coordinate with the Administrative Official or designee regarding_ I 1174 electronic submittal guidelines. 1175 (10) At a minimum, a critical areas report shall include the following information: 1176 a) A site plan showing the proposed development footprint and clearing limits, and all • 1177 relevant critical areas and buffers; • 1178 b) A written summary of the critical areas, including their size, type, classification or 1179 rating, condition, disturbance history, and functions and values. For projects on or • 1 1 180 adjacent to geologically hazardous areas or areas subject to high floodwater depth or 1 181 velocity the description shall identity the type and characteristics of the hazard; 1182 c) An analysis of potential adverse impacts and how they will be mitigated or avoided. I 1 183 Geological hazardous areas are additionally required to assess the risks posed by the 1 184 development to critical areas, public and private properties, and both associated and 1 185 unassociated near by facilities and uses; 1 1186 d) When impacts cannot be avoided, the report shall include a plan describing mitigation III 1187 to replace critical area functions and values. For projects on or adjacent to 1188 geologically hazardous areas or areas subject to high floodwater depth or velocity the 1 1189 mitigation shall additionally address the site, and other public and private properties, 1190 and both associated and unassociated near by facilities and uses potentially affected; 1191 e) The dates, names, and qualifications of the persons preparing the report and 1 1192 documentation of analysis methods including any fieldwork performed on the site; 1193 and . I DO,. INDEX 2/1i2008 # 29 City of Yakima 15.27 CAO a 1 194 f) Additional reasonable information requested by the Administrative Official or a 1195 designee. 1196 (1 1) A critical area report may be supplemented by or composed, in whole or in part, of any 1 1197 reports or studies required by other laws and regulations or previously prepared for and 1198 applicable to the development proposal site. 1199 (12) The Administrative Official or designee may limit the geographic area of the critical area 1 1200 report as appropriate. 1201 (13) Compensatory Mitigation Plans - When compensatory mitigation, as described in § 1202 15.27.307 Mitigation Requirements, are proposed for wetland areas or stream channels, the a 1203 applicant shall submit a mitigation plan as part of the critical area report, which includes: 1204 a) A written report identifying environmental goals and objectives of the proposed 1205 compensation including a description of: 1206 i. The anticipated impacts to the critical areas; 1207 ii. The mitigating actions proposed; 1208 iii. The purpose of the compensation measures, including site selection a 1209 criteria; 1210 iv. The compensation goals and objectives; 1211 v. The desired resource functions; 1212 vi. Construction activities start and completion dates; and 1213 vii. Analysis of anticipated success of the compensation project. 1214. b) A review of the best available science supporting the proposed mitigation; III 1215 c) A description of the report and the author's experience to date in restoring or creating the 1216 type of critical area report proposed; and, 1217 d) Performance Standards — The mitigation plan shall include measurable specific criteria a 1218 for evaluating the goals and objectives to ensure the mitigation project has been 1219 successfully attained. 1220 e) Detailed Construction Documents - The mitigation documents shall include written 1221 specifications and plans describing the mitigation proposed, such as: 1222 i.The proposed construction sequence, timing, and duration; 1223 ii.Grading and excavation details; 1224 iii.Erosion and sediment control features; 1225 iv.A planting plan specifying plant species, quantities, locations, size, spacing, and 1226 density; 1227 v.Measures to protect and maintain plants until established; and 1228 vi.Documents should include scale drawings showing necessary information to convey 1229 both existing and proposed topographic data, slope, elevations, plants and project 1230 limits. • 1231 f) Monitoring Program - The mitigation plan shall include: 1232 i. A program for monitoring both construction of the compensatory project and its 1233 _ completion and survivability; 1234 ii.A plan which details how the monitoring data will be evaluated to determine if the 1235 performance standards are being met; . 1236 iii.Reports as needed to document milestones, successes, problems, and contingency 1237 actions of the compensation project; and 1 1238 iv.Monitoring for a period necessary to establish that performance standards have been 1239 met, but not for a period less than five (5) years; a. a D 0 2/1/2008 INDEX 30 # 6-1 a City of Yakima 15.27 CAO • I 1240 g) Contingency Plan - Identification of the potential courses of action, and any corrective 1241 measures to be taken if monitoring or evaluation indicates project performance standards _ I 1242 are not being met. . 1243 h) Financial Guarantees - A financial guarantee ensuring fulfillment of the compensation 1244 project, monitoring program, and any contingency measures shall be posted in I 1245 accordance with § 15.27.321(1) Financial Guarantees. • 1246 (14) Innovative Mitigation. _ 1 247 a) Advanced mitigation or mitigation banking are examples of alternative mitigation 1248 projects allowed under the provisions of this section. One (1) or more applicants or an 1249 organization with demonstrated capability, may undertake a mitigation project together if 1250 it is demonstrated that all of the following circumstances exist: 1 1251 i.Creation or enhancement of a larger system of critical areas and open space is 1252 preferable to the preservation of many individual habitat areas; 1253 ii.The applicant demonstrates the organizational and fiscal capability to act I 1254 cooperatively; 1255 iii.The applicant demonstrates that long -term management of the habitat area will be 1256 provided; and 1 1257 iv. There is a clear potential for success of the proposed mitigation at the identified site. 1258 v.There is a clear likelihood for success of the proposed plan based on supporting 1259 scientific information and demonstrated experience in implementing similar plans; I 1260 vi.The proposed project results in equal or greater protection and conservation of critical 1261 areas than would be achieved using parcel -by- parcel regulations and /or traditional 1262 mitigation approaches; I 1263 vii.The plan is consistent with the general purpose and intent of this section; _ 1264 viii.The plan shall contain relevant management strategies which are within the scope of 1265 this section; and 1266 ix.The plan shall contain clear and measurable standards for achieving compliance with 1267 . the purposes of this section, a description of how such standards will be monitored 1 1268 and measured over the life of the plan, and a fully funded contingency plan if any 1269 ' element of the plan does not meet standards for compliance. 1270 b) Conducting mitigation as part of a cooperative process does not reduce or eliminate the 1271 required wetland replacement ratios. 1272 c) . Projects that propose compensatory wetland mitigation shall also use the standards in § 1273 15.27.604 Compensatory Mitigation Requirements. For those situations where a 1 1274 mitigation bank may provide an opportunity for mitigation, then the requirements in § 1275 15.27.605 Wetland Mitigation Banks shall apply. 1276 1 1277 15.27.315 Supplemental Report Requirements for Specific Critical Areas ▪ 1278 1) Stream Corridors: When a critical areas report is required for a stream corridor or 1279 hydrologically related critical area, it shall include the following: II 1280 a) A habitat and native vegetation conservation strategy that addresses methods to protect • 1281 the functional properties listed in § 15.27.504 Functional Properties. 1282 b) Where proposed construction lies within an immediate zone of potential channel I 1283 migration, a hydrologic analysis report may be required. The report shall assume the 1284 conditions of the one - hundred -year flood, include on -site investigative findings, and . 1285 consider historical meander characteristics in addition to other pertinent facts and data. 1 211/2008 31 # ' I • City of Yakima 15.27 CAO 1 1286 2) Wetlands When a critical areas report is required for Wetlands, it shall include the I 1287 following: 1288 a) The exact location of a wetland's boundary and wetland rating as determined through 1 1289 the performance of a field investigation by a qualified wetland professional applying the 1290 Washington State Wetland Identification and Delineation Manual (Ecology Publication 1291 #96 -94) as required by RCW 36.70A.175 and the Washington State Wetland Rating 1292 System for Eastern Washington. 1293 b) All delineated wetlands and required buffers within two hundred (200) feet of the 1294 project area shall be shown on the site plan. Available information should include, but 1295 not be limited to aerial photos, land based photos, soils maps, or topographic maps; 1296 c) An analysis of the wetlands including the following site related information: 1297 i. A statement specifying the accuracy of the report and all assumptions made and 1298 relied upon; 1299 ii. Documentation of fieldwork performed on the site, including field data sheets for 1300 delineations, wetland rating forms, baseline hydrologic data, etc.; 1301 iii. A description of the methodologies used to conduct the wetland delineations, or 1302 impact analyses including references; 1303 iv. Wetland category, including vegetative, faunal, and hydrologic characteristics. I 1304 d) For projects that will affect the wetland or buffer, provide the following: 1305 i. A habitat and native vegetation conservation strategy that addresses methods to 1306 protect or enhance on -site habitat and wetland functions and values listed in § I 1307 15.27.603(1) Wetland Functions and Rating, and § 15.27.504 Functional Properties; 1308 ii. Mitigation sequencing, pursuant to § 15.27.307 Mitigation Requirements to avoid, 1309 minimize, and mitigate impacts shall result in "not net loss" of acreage or functional 1310 values of wetlands and shall follow the guidance provided in § 15.27.604 1311 Compensatory Mitigation. 1312 3) Geologically Hazardous Areas When a critical areas report is required for a Geologically 1313 Hazardous Area, it shall include the following: 1314 i. A description of the site features, including surface and subsurface geology. 1315 ii. A description of the geologic processes and hazards affecting the property, including 1316 a determination of the actual hazard types for any Suspected and Risk Unknown 1317 hazards identified in the affirmative determination of hazard; 1318 iii. A description of the vulnerability of the site to seismic and other geologic processes 1319 and hazards; 1320 iv. A description of any potential hazards that could be created or exacerbated as a result 1321 of site development; 1322 v. For developments in or affecting landslide hazard areas the report shall also include: 1323 (1) Assessments and conclusions regarding slope stability including the potential 1324 types of landslide failure mechanisms (e.g., debris flow, rotational slump, 1325 translational slip, etc.) that may affect the site. The stability evaluation shall 1326 also consider dynamic earthquake loading and shall use a minimum horizontal I 1327 acceleration as established by the current version of the YMC Title 11 1328 (Building Code); 1329 (2) An analysis of slope recession rate shall be presented in those cases where 1 1330 stability is impacted by stream meandering or other forces acting on the toe of 1331 the slope; • DOC. I INDEX 2/1/2008 32 # Gt — I 1 City of Yakima 15.27 CAO I 1332 3 Description of the run -out hazard of landslide debris to the proposed osed p p P 1 333 development that starts up -slope and /or the impacts of landslide run -out on I 1334 down -slope properties and critical areas. 1335 4) Flood Hazards 1336 a) Prior to authorization of any•coastruction within a floodplain, which can be I 1337 anticipated to displace floodwaters or alter the depth or velocity of floodwaters 1 338 during the base flood, an engineering report shall be prepared by a licensed 1339 engineer in the State of Washington that establishes any new flood elevations that I 1340 would result for the one - hundred -year flood frequency if the project were • 1341 implemented. 1342 II 1343 . 1344 Permit -Review Criteria 1345 15.27.316 Standard Development Permit I 1346 1) Classification Criteria - Standard Development permits include any development not 1347 subject to RCW Ch. 90.58 (Shoreline Management Act). I 1348 2) Process - Standard Development permits shall be processed as either a Level (1) or Level 1349 (2) Review; and applications that are of a significant size or scope may be processed as a 1350 Level (2) or (3) Review at the judgment of the Administrative Official or designee. 1351 Examples of such projects include those that typically require environmental review I 1352 (SEPA), filling or excavating a stream channel or wetlands, involve large amounts of fill, 1 353 require large amounts of parking, etc. I 1354 3) Decision Criteria — Decisions on Standard Development permits shall be based on the 1355 general decision criteria found in § 15.27.311 Authorization Decisions — Basis for 1356 Action. 1357 1358 15.27.317 Adjustment 1359 1) Classification Criteria - For projects not required to be processed under RCW Ch. 90:58 1360 (Shoreline Management Act), the Administrative Official or designee is authorized to 2 1361 administratively adjust the development standards. Existing structures, parcel size, property 1362 boundaries, and other constraints may preclude conformance with building setbacks and ii 1363 vegetative buffers. Given such constraints, administrative adjustments may be authorized l' 1364 where the site plan and project design include measures to ensure the protection and 1365 performance of the functional properties identified in § 15.27.504 Functional Properties. I 1366 Adjustments of vegetative buffer standards listed in Table 6 -1 and 6 -2 may be reduced to the 1367 minimum buffer width listed. Reductions below the minimum may be considered but require 1368 stricter criteria be met in subsection 3(d) below. Adjustments to prohibited use limits are not I 1369 allowed. 1370 2) Process — Requests for an Adjustment permit shall be processed as a Level (2) Review. 1371 Requests for adjustments of development standards shall be made in writing and shall III 1372 specify the standard(s) that an adjustment is sought for, along with the reasons why the • 1373 adjustment is sought. 1374 3) Decision Criteria - Decisions on Adjustment permits shall be based on the general decision 2 1375 criteria found in § 15.27.311 Authorization Decisions — Basis for Action together with the • 1376 criteria below. 1 DOC. 1 2/1/2008 INDEX 33 C-, -1 City of Yakima 15.27 CAO 1 1377 a) A particular standard may be reduced or modified as long as the Administrative 1378 Official determines that the adjustment and /or reduction: 1379 i. Is consistent with the purpose of this chapter, 1 1380 ii. Is consistent with the intent of the standard; and, 1381 iii. Will not result in degradation of the critical area. 1382 b) The Administrative Official or designee shall consider the following: II 1383 i. The proximity and relationship of the project to any critical area and its potential 1384 impacts; 1385 ii. The functions and values that the critical area performs; :� 1386 iii. The overall intensity of the proposed use; 1387 iv. The presence of threatened, endangered, or sensitive species;. 1388 v. The site's susceptibility to severe erosion; and 1389 vi. The use of buffer averaging or buffer enhancement plans by the applicant using 1390 native vegetation or other measures to enhance the functions and values of the 1391 Hydrologically Related Critical Area (HRCA). 1392 c) When granting an adjustment, the Administrative Official or designee may require, but is 1393 not limited to the following alternative measures to protect the functions and values of the 1394 HRCA: 1395 (i) Restoration of impaired channels and banks to conditions which support 1396 natural stream flows, fish habitat, and other values; 1397 (ii) Restoration, enhancement, and preservation of soil characteristics and the I 1398 quantity and variety of native vegetation; 1399 (iii) Provisions for erosion control and the reduction and filtration of 1400 stormwater runoff on the stream channel and buffer; 1401 (iv) Removal or alteration of existing manmade facilities associated' with 1402 stream channels, or drainage ways, which improve stream -flow or exchange of I 1403 surface waters. 1404 (v) Replacement of lost stream corridor features on an acre - for -acre basis and 1405 replacement of lost wetlands in accordance with guidance provided in the 1406 Washington State Department of Ecology's Wetland Mitigation in Washington 1407 State, Parts 1 and 2 (March 2006 or as updated; 1408 (vi) Conservation easements for key portions of stream corridor property 1409 and /or their inclusion within public or private conservation programs; or 1410 (vii) Vegetative buffer averaging may be modified by averaging buffer widths. 1411 Buffer averaging is preferred in the use of mitigation sequencing (§ 15.27.307 1412 Mitigation Requirements) over a reduction in the buffer standards. 1413 d) The following additional criteria must be met to reduce the critical areas stream and 1414 wetland buffers found in Tables 5 -1 and 5 -2 below the minimum listed in the respective 1415 tables. 1416 i. There is a hardship related to maintenance of the minimum buffer width that 1417 results from parcel boundaries or existing on -site development. 1 1418 ii. When warranted under (a) above the buffer width shall be the maximum possible 1419 while meeting the minimum need of the proposal. 1420 iii. The applicant shall prepare a mitigation plan, which addresses the decrease of 1421 wetland or stream function due to the decrease in buffer size. 1422 1 DOC. 2/1;2008 INDEX 34 # C -I City of Yakima 15.27 CAO I 1423 15.27.318 Reasonable Use Exception . 1424 1) Classification Criteria - if the application of this chapter would deny all reasonable II 1425 economic use of the subject property, the property.owner may apply for a Reasonable Use II 1426 Exception. 1427 2) Process - A Reasonable Use Exception shall be processed as a Level (3) Review with a I 1428 public hearing. 1429 3) Decision Criteria - The Reasonable Use request shall be accompanied by conformance 1430 criteria. Failure to satisfy any one of the criteria shall result in denial of the request and the I , 1431 burden of proof shall be on the applicant. Decisions on a Reasonable Use request shall be 1432 based on the general decision criteria found in § 15.27.311 Authorization Decisions — Basis for 1433 Action, together with the criteria below. . 1434 i. The application of this chapter would deny all reasonable use of the property; 1435 provided that the inability of the applicant to derive reasonable use of the property is 1436 not the result of actions by the applicant; I 1437 ii. No other reasonable use of the property has less impact on the critical area; 1438 iii. Any alteration is the minimum necessary to allow for reasonable use of the property. 1439 I 1440 15.27.319 Minor Revisions to Approved Uses or Development 1441 1) Classification Criteria — Minor revisions as described in & 15.27.266 to a project that 1442 has been previously approved under a critical area permit are allowed under the following I 1443 circumstances: 1444 a. Changes that are not substantive are not required to obtain a revision and may be I 1445 allowed. 1446 b. Substantive changes are those that materially alter the project in a manner that 1447 relates to its conformance with the permit requirements. Such changes may be 1448 approved as a minor revision, if the Administrative Official or designee I 1449 determines that the proposed revision is within the scope and intent of the original 1450 • permit, and meets the criteria listed below. Failure to meet the criteria below will I 1451 require a new permit. 1452 i. Lot coverage and height may be increased by a maximum of ten (10 %) 1453 percent from the provisions of the original permit, provided that: ii 1454 a. Revisions involving new structures not shown on the original site plan 1455 • shall require a new permit; and, 1456 b. Any revisions authorized under this subsection shall not exceed height, a 1457 lot coverage, setback, or any other requirements of this chapter. 1458 ii.Landscaping may be added without an application for a new permit provided 1459 that it is consistent with conditions of the original permit; I ▪ 1460 iii.The use authorized pursuant to the original permit has not changed; 1461 iv.No additional significant adverse environmental impacts will be caused by the 1462 project revision. . I ▪ 1463 2)• Process — Minor revisions to existing permits shall be processed under Class (1) Review 1464 procedures. 1465 3) Decision Criteria - Decisions on peiiilit revisions shall be based on the general decision ▪ 1466 criteria found in § 15.27.311 Authorization Decisions — Basis for Action. ▪ 1467 1468 15.27.320 Non- Conforming Uses and Facilities I DOC. 2;1/2008 INDEX 35 C1 —I City of Yakima 15.27 CAO 1 ry . 1469 Non - Conforming Uses and Facilities are classified as either Conforming Uses with Non - 1470 Conforming Structures or Areas, or as Non - conforming Uses. Both of which have different 1471 review processes and decision criteria, as provided for in Ch. 15.19 of the Yakima Municipal 1 1472 Code. 1473 • 1474 15.27.321 General Critical Areas Protective Measures 1475 The standards below apply to all permits and reviews performed under this chapter. 1476 1) Financial guarantees to ensure mitigation, maintenance, and monitoring. 1477 a) When required mitigation pursuant to a development proposal is not completed prior • 1478 to the City of Yakima's final permit approval, the Administrative Official, or designee 1479 may require the applicant to post a financial guarantee to ensure that the work will be 1480 completed. i 1481 b) If a development proposal is subject to compensatory mitigation, the applicant must 1482 post a financial guarantee to ensure mitigation is fully functional. 1483 c) All financial guarantees shall be in the amount of one hundred and twenty -five percent 1484 (125 %) of the estimated cost of the uncompleted actions and /or the estimated cost of 1485 restoring the functions and values of the critical area that are at risk. 1486 d) The financial guarantee may be in the form of a surety bond, performance bond, 1487 assignment of savings account, irrevocable letter of credit guaranteed by an acceptable 1488 financial institution, or other form acceptable to the Administrative Official or 1489 designee, with terms and conditions acceptable to the City of Yakima attorney. 1490 e) The financial guarantee shall remain in effect until the Administrative Official or 1491 designee determines that the standards bonded for have been met. Financial 1492 guarantees for wetland or stream compensatory mitigation shall be held for a 1493 minimum of five (5) years after completion of the work to ensure that the required 1494 mitigation has been fully implemented and demonstrated to function. 1495 f) If public funds have previously been committed for mitigation, maintenance, 1496 monitoring, or restoration a financial guarantee will not be required. 1497 g) Failure to satisfy critical area requirements shall constitute a default, and the 1498 Administrative Official and his or her designee may demand payment of any financial 1499 guarantee. 1500 h) Any funds recovered pursuant to this section shall be used to complete the required 1501 mitigation. Such funds shall be deposited in a separate account. The City of Yakima 1502 will use such funds to arrange for completion of the project or mitigation, and follow - 1503 up corrective actions. 1504 i) Depletion, failure, or collection of financial guarantees shall not discharge the 1505 obligation of an applicant or violator to complete required mitigation, maintenance, 1506 monitoring, or restoration. 1507 2) Subdivision Standards - The following standards apply to all permits or reviews under the 1508 Subdivision Ordinance (Title 14) that contain critical areas: 1509 a. All subdivisions that contain critical areas shall be eligible for density bonuses or 1510 other development incentives, as provided in the Subdivision Ordinance (Title 14) 1511 and Zoning Ordinances (Titles 15); 1512 b. Critical areas shall be actively protected through the following: 1 1513 i. Roads and utilities for the subdivision shall avoid critical areas and their 1514 buffers, as much as possible; DOC. 1 2/1/2008 INDEX 36 Cy_ • City of Yakima 15.27 CAO 1515 ii. When Geologically Hazardous Areas (excluding Erosion, Over steepened g Y ( g � ened P 1516 Slopes of Intermediate Risk, Stream Undercutting, and Earthquake hazards), 1517 FEMA Floodway, Channel Migration Zone (CMZ), Streams, Wetlands and /or 1518 Vegetative Buffers fall within the boundary of a subdivision; 1519 1. Said critical areas may be protected by placing them entirely within a 1520 separate critical area tract or by including them entirely within one of the. II 1521 developable parcels. Other options, such as conservation easements and 1522 building envelopes may be deemed appropriate by the Administrative I 1523 Official as meeting this provision when special circumstances obstruct 1524 the viability of this provision: 1525 2. For those new lots that do contain said critical areas, useable building I 1526 envelopes (5,000 square feet or more for residential uses) shall be 1527 provided on the plat that lies outside said critical areas. 1 1528 iii. New lots partially within the floodplain shall provide a .usable building 1529 envelope (5,000 square feet or more for residential uses) outside the 1530 floodplain. 1531 iv. New lots entirely within the floodplain shall be at least one (1) acre in area; 1532 v. For new lots containing streams, wetlands, and /or vegetative buffers, outdoor 1533 use envelopes shall be provided on the plat that lies outside said critical areas; 1534 vi. Degraded vegetative buffers shall be restored, or provided with protection I 1535 measures that will allow them to recover; 1536 vii. Floodplains and critical areas shall be depicted on preliminary subdivision I 1537 plats and relevant information about them disclosed on the final plat. 1538 viii. Lots or parcels that lie entirely within a Geologically Hazardous Areas 1539. (excluding Erosion, Over Steepened Slopes of Intermediate Risk, Stream 1 1540 Undercutting, and Earthquake hazards), FEMA Floodway, Channel Migration 1541 . Zone (CMZ), Stream, Wetland, and /or Vegetative Buffers may not be further 1542 divided. 1 1 ! i ! DOC. INDEX • C-� I City of Yakima 15.27 CAO 1 1543 CHAPTER 15.27 1 1544 PART FOUR 1545 FLOOD HAZARD. AREAS 1 1546 1547 1548 Sections Defined: 1 1549 FLOOD HAZARD AREAS — GENERAL PROVISIONS 1550 15.27.400 Flood Hazard Areas Established 1551 15.27.401 Principles 1552 15.27.402 Applicability 1553 15.27.403 Documented Exemptions 1554 15.27.404 Interpretations I 1555 15.27.405 Compliance 1556 15.27.406 Warning and Disclaimer of Liability 1557 FLOOD HAZARD PROTE CTION'STANDARDS 1558 15.27.407 General Standards 1559 15.27.408 Specific Standards 1560 FLOODWAYOINGE , USES 1561 15.27.409 Floodway Fringe Permitted Uses 1562 15.27.410 Floodway Fringe Prohibited Uses 1563 FLOODWAY`IUSES I 1564 15.27.411 Floodway Permitted Uses 1565 15.27.412 Uses Uses and Facilities s I m Floodway Prohibited ited Us 1566 15.27.413 Floodway Non Conform 1567 FLOOD HAZARD PROTECTION ADMOSI'RATION 1568 15.27.414 Administration 1569 15.27.415 Authority I 1570 15.27.416 Permit — Required 1571 15.27.417 _ Permit — Application 1572 15.27.418 Permit — Review 1573 15.27.419 Use of Available Data 1574 15.27.420 Limitations 1575 15.27.421 Permit — Expiration & Cancellation 1 1576 15.27.422 Performance bonds 1577 15.27.423 Appeals 1578 15.27.424 Coordination .; 1579 ELEVATION AND FLOODPROOFINC CERTIFICATION 1580 15.27.425 Applicability 1581 15.27.426 Certification Form 1582 15.27.427 Information to be obtained and maintained 1583 15.27.428 Certification Responsibility 1584 FLOOD HAZARD VARIANCES 1585 15.27.429 Procedure 1586 15.27.430 Variance limitations 1587 15.27.431 Conditions for Authorization 1588 15.27.432 Administrative Official's Decision 000. J INDEX 2/1/2008 # (^ _ 38 1 Ci ty of Yakima 15.27 CAO 1589 15.27.433 Notification and Final Decision 1590 15.27.434 Power to Refer Decisions ' 1591 15.27.435 Appeals 1592 15.27.436 Federal Flood Hazard Map Correction Procedures 1593 I 1594 1595 FLOOD HAZARD AREAS — GENERAL PROVISIONS 1596 1 1597 15.27.400 Flood Hazard Areas Established 1598 The special flood hazard areas identified by the Federal Emergency Management Agency 1599 (FEMA), accompanying Flood Insurance Rate Maps (FIRMs), Flood Boundary, and Floodway I 1600 Maps, and any amendments thereto made by the Federal Emergency Management Agency, 1601 which, are adopted by reference and declared to be part of Part Four of the City of Yakima's 1602 Critical Areas Ordinance and are established as flood hazard areas. The Flood Insurance Study I 1603 and maps are on file at Yakima City Hall, Yakima, Washington. 1604 1605 15.27.401 Principles I 1606 (a) This Part Four recognizes the right and need of the river channel to periodically carry more 1607 than the normal flow of water and establishes regulations to minimize loss of life and property, 1608 restrict uses and regulate structures consistent with the degree of flood hazard. 1 1609 (b) In advancing the above principals, the intent of Part Four is: 1610 (1) To alert the county assessor, appraisers, owners, potential buyers and lessees to the I 1611 natural limitations of flood -prone land; 1612 (2) To meet the minimum requirements of the National Flood Insurance program; and 1613 (3) To implement state and federal flood protection programs. 1614 I 1615 15.27.402 Applicability 1616 The guidelines and regulations set forth herein, Title 11 YMC, and related Building Codes shall I 1617 apply to all special flood hazard areas. 1618 (1) The provisions of Part Four of this chapter shall apply to any development proposed 1619 in a special flood hazard area, j 1620 (2) Flood hazard permits shall be approved by the City of Yakima. Approval shall only 1621 be granted in accordance with Part Four of this chapter and other applicable local, state, and 1622 federal regulations. I 1623 (3) Topographic, engineering and construction information necessary to evaluate the 1624 proposed project shall be submitted to the department for approval. 1625 (4) The granting of a permit for any development or use does not constitute a i 1626 representation, guarantee or warranty of any kind or nature by the City of Yakima, or its 1627 employees, of the practicality or safety of any structure or proposed use, and shall not create 1628 liability upon or cause action against the above mentioned body, or employee, for any I 1629 damage that may result. 1630 1631 2 1632 1633. 1634 1 DOC. • INDEX 2/1/2008 4 39 ,Il City of Yakima 15.27 CAO 1635 15.27.403 Documented Exemptions 1636 The following uses and activities are exempt from the provisions of Part Four of this chapter: 1637 (1) The alteration or substantial improvement of any structure listed on the National Register 1 1638 of Historic Places or state inventory of historic places; 1639 (2) The installation and maintenance of aboveground utility transmission lines and poles; 1640 (3) Private driveways, fences and other accessory activities and /or uses necessary for 1 1641 agricultural uses which the administrative official determines will not unduly decrease flood 1642 storage or capacity, significantly restrict floodwaters, create a substantial impoundment of debris 1643 carried by floodwaters, and will resist flotation and collapse; 1644 1645 15.27.404 Interpretations 1646 (a) In the interpretation and application of Part Four of this chapter, the provisions shall be 1647 considered as minimum requirements; and shall be strictly construed in favor of the policies and 1648 standards herein; and deemed neither to limit nor repeal any other powers granted under. state 1649 statute. Its provisions shall be applied in addition to and as a supplement to provisions of the 1650 Yakima Municipal Code Title 11 Buildings, Title 12 Development Standards; Title 14 1651 Subdivisions, and Title 15 Yakima Urban Area Zoning Ordinance. "Sections 1 5.27.400 through 1652 436" are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed 1653 restrictions. Where these ordinances and other ordinances conflict or overlap, the standard 1654 imposing the more stringent requirement shall prevail. 1655 (b) In an interpretation as to an exact location of the boundaries of the special flood hazard areas, 1656 (i.e., conflict between a mapped boundary and actual field conditions), the person contesting the 1657 location of the boundary shall be given a reasonable opportunity to appeal the interpretation. 1658 Such appeals shall be granted consistent with the standards of the National Flood Insurance �. 1659 Program § 60.6 (See 44 CFR 59, et seq. and IBC 104.1). 1660 1661 15.27.405 Compliance No structure or land shall hereafter be used, 'constructed, located, 1662 extended, converted, or altered without full compliance with the terms of Part Four of this 1663 chapter and other applicable regulations. 1664 1665 15.27.406 Warning and Disclaimer of Liability The degree of flood protection required 1666 by Part Four of this chapter is considered reasonable for regulatory purposes and is based on 1667 scientific and engineering considerations. Larger floods can and will occur on rare occasions. 1668 Flood heights may be increased by manmade or natural causes. Part Four does not imply that 1669 land outside the area of special flood hazards or permitted uses within such area will not be 1670 subject to flooding or flood damage. 1671 1 1 1 [10C. 2/1/2008 ! N D E>: 40 4 • City of Yakima 15.27 CAO II 1672 FLOOD HAZARD PROTECTION STANDARDS 1673 I 1674 15.27.407 General Standards ii 1675 The following regulations shall apply in all special flood hazard areas pursuant to the IBC, 1676 ASCE -24 and Hud 24 CFR Part 3280: I 1677 (1) Anchoring and Construction Techniques. 1678 - (2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or 1679 lateral movement, and shall be installed using methods and practices that minimize flood I 1680 damage. Anchoring shall meet the specifications set forth below for structures located within 1681 one hundred (100) feet of a floodway or the ordinary high watermark if no floodway has been 1682 established. 1683 (3) Al] new construction and any improvements or additions to existing floodproofed 1684 structures that would extend beyond the existing floodproofing located within one hundred (100) 1685 feet of the floodway or one hundred (100) feet of the ordinary high water mark if no floodway I 1686 has been established. 1687 (a) Unless it can be demonstrated that non-zero-rise construction methods will not - 1688 impede the movement of floodwater or displace a significant volume of water. I 1689 (4) Except where otherwise authorized, all new construction and substantial improvements to 1690 existing structures shall require certification by a registered professional engineer; architect or 1691 surveyor that the design and construction standards are in accordance with adopted floodproofing 1692 techniques. 1693 (a) Utilities. I 1694 (1) All new and replacement water supply systems and sanitary sewage systems shall be 1695 designed to minimize or eliminate infiltration of floodwaters into the systems and discharge 1696 from the systems into floodwaters; and on -site waste disposal systems shall be located to 1697 avoid impairment to them or contamination from them during flooding. ,I 1698 (b) Subdivision Proposals. Subdivision proposals shall: 1699 (1) Be consistent with the need to minimize flood damage; 1700 (2) Have roadways, public utilities and other facilities such as sewer, gas, electrical, and I 1701 water systems located and constructed to minimize flood damage; 1702 (3) Have adequate drainage provided to reduce exposure to flood damage; and 1703 (4) Include base flood elevation data. 1 1704 (a) In the cases where base flood elevation is not available and the subdivision is greater 1705 then 5 acres or 50 lots a step -back water analysis shall be require to generate the base flood I 1706 elevation data. 1707 (c) Watercourse Alterations. The flood - carrying capacity within altered or relocated portions of 1708 any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a . I 1709 watercourse in riverine situations, the department shall notify adjacent communities, the 1710 Department of Ecology and FEMA of the proposed development. 1711 g 1712 15.27.408 Specific Standards In all special flood hazard areas where base elevation data 1713 has been provided as set forth in § 15.27.400, the following regulations shall apply, in addition to 1714 the General Standards of § 15.27.407: I 1715 (1) Residential Construction. (See. IRC 323.2) 1716 (A) New construction and substantial improvement of any residential structure shall 1717 have the lowest floor, including basement, elevated at a minimum to or above the base flood 1 DOC, INDEX 1 2/1/2008 - -- i� 41 • City of Yakima 15.27 CAO • 1718 elevation. I _ 1719. (B) Fully enclosed areas below the lowest floor that are subject to flooding are 1720 prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior 1 1721 walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement 1722 must either be certified by a registered professional engineer or architect or must meet or exceed 1723 the following minimum criteria: 1 1724 (i) A minimum of two (2) openings having a total net area of not less than one 172.5 (1) square inch for every square foot of enclosed area subject to flooding shall be 1726 provided. 1727 (ii) The bottom of all openings shall be no higher than one (1) foot above grade. 1728 (iii) Openings may be equipped with screens, louvers, or other coverings or devices, 1729 provided that they permit the automatic entry and exit of floodwaters. I 1730 (C) Residential construction within one hundred (100) feet of a floodway, or the 1731 ordinary high water mark if no floodway has been established, shall also meet the requirements 1732 of § 15.27.407(3). 1 1733 1734 (2) Nonresidential Construction (44 CFR 60.3(c)(3)(4)). New construction and substantial - 1735 improvement of any commercial, industrial, or other nonresidential structure shall either have the 1736 lowest floor, including basement, elevated one foot or more above the base flood elevation; or, 1737 together with attendant utility and sanitary facilities, shall: 1738 1) Be floodproofed so that below one foot or more above the base . flood level the I 1739 structure is watertight with walls substantially impermeable to the passage of 1740 water; 1741 2) Have structural components capable of resisting hydrostatic and hydrodynamic 1742 loads and effects of buoyancy; . 1743 3) Be certified by a registered professional engineer or architect that the design and 1744 methods of construction are in accordance with accepted standards of practice for 1745 meeting provisions of this subsection based on their development and /or review . a 1746 of the structural design, specifications and plans; . 1747 4) Nonresidential structures that are elevated, not floodproofed, must meet the same 1748 standards for space below the lowest floor as described in 15.27.408 (1) (B) 1749 above; . 1750 1751 (3) Manufactured Homes. Manufactured homes shall be elevated in accordance with IBC § 1752 501.1 Appendix "G." 1753 1754 (4) Recreational Vehicles Recreational vehicles placed on sites are required to either:. I 1755 1) Be on the site for fewer than 180 consecutive days, (or) 1756 2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to 1757 the site only by quick disconnect type utilities and security devices, and have no 1 1758 permanently attached additions; or 1759 3) Meet the anchoring requirements of 15.27.408 (3) above. 1760 1761 "Mr . 1 a N0E:X 2/1/2008 42 I City of Yakima 15.27 CAO • . �II 1762 • 1763 . 2 1764 1765 1766 .. I 1767 1768 FLOODWAY FRINGE USES 1769 I 1770 15.27.409 Permitted Uses The following uses are permitted in the floodway fringe areas: 1771 (1) Any use permitted in the zoning district in accordance with Title 15 of the Yakima 1772 Municipal Code, unless prohibited by § 15.27.410. 1 1773 (2) Utility Transmission Lines. Utility transmission lines shall be permitted when consistent 1774 with Title 15 and where not otherwise inconsistent with Part Four of this chapter; except that 1775 when the primary purpose of such a transmission line is to transfer bulk products or energy 1776 through a floodway fringe or special flood hazard area, such transmission line shall conform to 1777 the following: 1778 (A) Electric transmission lines shall cross floodway fringe and special flood hazard 1 1779 areas by the most direct route feasible. When support towers must be located within floodway 1780 fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and /or 1781 depth areas, and shall be adequately floodproofed. I 1782 (B) Buried utility transmission lines transporting hazardous materials, including but not 1783 limited to crude and refined petroleum products and natural gas, shall be buried a minimum of 1784 four (4) feet. Such burial depth shall be maintained within the floodway fringe or special flood I 1 785 hazard area to the maximum extent of potential channel migration as determined,by hydrologic 1786 analyses. All such hydrologic analyses shall conform to requirements of § 15.27.411(3)(C). . 1787 (C) Beyond the maximum extent of potential channel migration, utility transmission I 1788 lines transporting hazardous and non - hazardous materials shall be buried below existing natural - 1789 and artificial drainage features. 1 1790 (D) Aboveground utility transmission lines, not including electric transmission lines, • 1791 shall only be, allowed for the transportation of non - hazardous materials. In such cases, applicants 1792 must demonstrate that line placement will have no appreciable effect upon flood depth, velocity, 1793 or passage. Such lines shall be adequately protected from flood damage. • 1794 (E) Aboveground utility transmission line appurtenant structures, including valves, 1795 pumping stations or other control facilities, shall not be permitted in floodway fringe or special I 1796 flood hazard areas except where no other alternative is available, or in the event a floodway 1797 fringe or special flood hazard location is environmentally preferable. This does not apply. to 1798 domestic water and regional wastewater transmission pipes. In such instances, aboveground .I 1799 structures shall be located so that no appreciable effect upon flood depth, velocity, or passage is 1800 created, and shall be adequately floodproofed. 1801 • 1802 15.27.410 Prohibited Uses The following uses shall be prohibited in floodway fringe areas: 1803 (1) New manufactured home parks and the expansion of manufactured home /parks. 1804 • I805 FLOODWAY USES 1806 • ,Il 2/1/2008 !'' 43 , Ci ty of Yakima 15.27 CAO 1 1807 15.27.411 Permitted Uses Permitted uses include any use permitted in the zoning district in 1808 accordance with Title 15 of this code, provided that said use is in compliance with the flood 1809 hazard protection standards of §§ 15.27.407 - 408 and other applicable provisions of this chapter 1 1810 and will have a negligible effect upon the floodway in accordance with the floodway 1811 encroachment provisions of § 15.27.412(2): Permitted uses include: 1812 (1) All encroachments, including fill, new construction and other development unless 1 1813 certification by a registered professional engineer is provided demonstrating through hydrologic 1814 and hydraulic analysis performed in accordance with standard engineering practice that the effect 1815 of the subject encroachment together with the cumulative effects of all similar potential 1 1816 encroachments shall not materially cause water to be diverted from the established floodway, 1817 cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or 1818 result in any increase in flood levels during the occurrence of the base flood discharge. 1819 (2) Surface mining, provided that the applicant can provide clear evidence that such uses will 1820 not divert flood flows causing channel -shift or erosion, accelerate or amplify the flooding of 1821 downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in 1822 any other way threaten public or private properties. When allowed, such removal shall comply 1 823 with the provisions of Title 15. 1824 (3) Utility transmission lines; unless otherwise prohibited by this chapter; except that when 1825 the primary purpose of such a transmission line is to transfer bulk products or energy through a 1826 floodway en route to another destination, as opposed to serving customers within a floodway, 1827 such transmission lines shall conform to the following: 1828. (A) All utility transmission lines shall cross floodways by the most direct route feasible 1829 as opposed to paralleling floodways; 1830 (B) Electric transmission lines shall span the floodway with support towers located in 1831 flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, 1832 support towers shall be located to avoid high floodwater velocity and /or depth areas, and shall be 1833 adequately floodproofed; 1834 (C) Buried utility transmission lines transporting hazardous and non - hazardous 1835 materials, including but not limited to crude and refined petroleum products and natural gas, 1836 shall be buried a minimum of four (4) feet below the maximum established scour of the 1837 waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be 1838 maintained horizontally within the hydraulic floodway to the maximum extent of potential 1839 channel migration as determined by hydrologic analyses. In the event potential channel 1840 migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and 1841 special flood hazard areas shall govern placement. All hydrologic analyses are subject to 1842 acceptance by the City of Yakima, which shall assume the conditions of a one - hundred (100) 1843 year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on -site 1844 investigations and consideration of historical meander characteristics in addition to other 1845 pertinent facts and data. The use of riprap as a meander containment mechanism within the 1846 hydraulic floodway shall be consistent with the City of Yakima Shoreline Master Program 1847 Regulations, 1848 (D) Beyond the maximum extent of potential channel migration, utility transmission 1849 lines transporting hazardous and non - hazardous materials shall be buried below existing natural 1850 and artificial drainage.features. 1851 (E) Aboveground utility transmission lines, not including electric transmission lines, 1852 shall only be allowed for the transportation of non - hazardous materials where an existing or new INDEX 2/1 /2008 # 6 - i __.. 44 1 1 City of Yakima 15.27 CAO 1853 bridge or other structure is available and capable of supporting the line. When located on existing 1854 or new bridges or other structures with elevations below the one - hundred (100) year flood level, I 1855 the transmission line shall be placed on the downstream side and protected from flood debris. In 1856 such instances, site - specific conditions and flood damage potential shall dictate placement, 1857 design and protection throughout the floodway. Applicants must demonstrate that such 1 1858 aboveground lines will have no appreciable effect upon flood depth, velocity, or passage, and 1859 shall be adequately protected from flood damage. If the transmission line is to be buried except 1860 at the waterway crossing, burial specifications shall be determined as in subsection (2)(C) above. I 1861 (4) Construction or reconstruction of residential structures only as authorized in § 1862 15.27.412(5); 1863 (5) Improvements to existing residential structures that are not substantial improvements per § 1 1864 15.27.294, provided the improvement complies with the requirement set forth in § 15.27.412(2). 1865 . (6) Water- dependent utilities and other installations, which by their very nature must be in'the 1866 floodway. Examples of such uses are: dams for domestic /industrial water supply; wastewater 1867 treatment and collection systems; stream crossings or wetlands, flood control and /or 1868 hydroelectric production; water diversion structures and facilities for water supply; irrigation 1869 and /or fisheries enhancement; floodwater and drainage pumping plants and facilities; 1 1 870 hydroelectric generating facilities and appurtenant structures; and structures and nonstructural 1871. uses and practices; provided, that the applicant shall provide evidence that a floodway location is • 1872 necessary in view of the objectives of the proposal, and provided further that the proposal is I 1873 consistent with other provisions of this chapter and the City's Shoreline Master Program. In all 1874 instances of locating utilities and other installations in floodway locations, project design must 1875 incorporate floodproofing and otherwise comply with §§ (3) (A) — (E) above; I 1876 (7) Dikes, provided that the applicant can provide evidence that: 1877 (A) Adverse effects upon adjacent properties will not result relative to increased I 1878 floodwater depths and velocities during the base flood or other more frequent flood occurrences, 1879 (B) Natural drainage ways are minimally affected in that their ability to adequately drain 1880 floodwaters after a flooding event is not impaired, I 1881 (C) The proposal has been coordinated through the appropriate diking district where 1882 applicable, and that potential adverse effects upon other affected diking districts have been 1883 documented; I 1884 (8) Roads and bridges, subject to the regulations of §§ (3) (A) -(E) above. 1885 1886 15.27.412 Prohibited Uses The following uses /developments are prohibited in the I 1887 floodway: 1888 (1) Any structure, including manufactured homes, designed for or to be used for human 1889 habitation of a permanent nature (including temporary dwellings authorized by §§ 15.04.100 & I 1890 15.04.110); 1891 (2) Any encroachments, including fill, new construction and other development shall require 1892 certification by a registered professional engineer is provided demonstrating through hydrologic it 1893 and hydraulic analysis performed in accordance with standard engineering practice that the effect 1894 of the subject encroachment together with the cumulative effects of all similar potential 1895 encroachments shall not materially cause water to be diverted from the established floodway, i 1896 cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or 1897 result in any increase in flood levels during the occurrence of the base flood discharge; II, DOC, 1 2/1/2008 INDEX 45 CI • City of Yakima 15.27 CAO 1898 (3) Aboveground utility transmission line appurtenant structures, including valves, pumping Y Pp � g � p P g 1899 stations, or other control facilities, shall not be permitted in the floodway, except for domestic 1900 water and regional wastewater facilities where necessary; 1 1901 (4) Where a floodway has not been determined by preliminary Corps of Engineers' 1902 investigations or official designation, a floodway shall be defined by qualified engineering work 1903 by the applicant on the basis of a verified one - hundred (100) year flood event; 1 1904 (5) Construction or reconstruction of residential structures within designated floodways, 1905 except for: 1906 (i) Repairs, reconstruction, or improvements to a structure which do not increase the 1907 ground floor area; and 1908 (ii) Repairs, reconstruction or improvements to a structure, the cost of which does not 1909 exceed fifty (50) percent of the assessed value of the structure either (A) before the 1910. repair, reconstruction or improvement is started, or (B) if the structure has been damaged 1911 and is being restored, before the damage occurred. 1912 (iii) Work done on structures to correct existing violations of existing health, sanitary or 1913 safety codes, or to structures identified as historic places shall not be included in the fifty 1914 (50) percent. 1915 (iv) If subsection (2) of this section is satisfied, all new construction and substantial 1916 improvements shall comply with all applicable flood hazard reduction provisions of Part 1917 Four. 1918 (6) The construction or storage of any object subject to flotation or movement during flood 1919 level periods; 1920 (7) The following uses, due to their high degree of incompatibility with the purpose of 1921 establishing and maintaining a functional floodway, are specifically prohibited: 1922 (A) The filling of wetlands, except as authorized under Part Five Fish and Wildlife 1923 Habitat and the Stream Corridor and Part Six Wetlands; 1924 (B) . Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and /or 1925 materials; and 1926 (C) Damming or relocation of any watercourse that will result in any downstream 1927 increase in flood levels during the occurrence of the base flood discharge (See § 15.27.509); 1928 (8) The listing of prohibited uses in this section shall not be construed to alter the general 1929 rule of statutory construction that any use not permitted is prohibited. 1930 1931 15.27.413 Non - Conforming Uses and Facilities 1932 (a) Within the special flood hazard areas established by YMC Ch. 15.19 or amendments thereto, 1933 there may exist structures and uses of land and structures, which were lawful before these 1934 sections were adopted or amended, but which would be prohibited, or restricted under the terms 1935 of Part Four of this chapter or future amendment. 1936 1937 (b) It is the intent of YMC Ch. 15.19 to permit these lawful pre - existing nonconformities to 1938 continue until they are removed by economic forces or otherwise, but not to encourage their 1939 survival except in cases where continuance thereof would not be contrary to the 1940 public health, safety or welfare, or the spirit of this chapter . 1941 1 DOC. 1 INDEX 2/1/2008 46 City of Yakima 15.27 CAO 1 1942 FLOOD HAZARD PROTECTION ADMINISTRATION • 1943 I 1944 15.27.414 Administration The building official is vested with the duty of administering the 1945 rules and regulations relating to flood hazard protection in accordance with the provisions of Part_ 1946 Four and may prepare and require the use of such forms as are essential to such administration. I 1947 1948 15.27.415 Authority Upon application, the building official shall have the authority to 1949 grant a flood hazard permit when compliance with the applicable conditions as set forth in Part II 1950 Four of this chapter and in other applicable local, state and federal regulations has been 1951 demonstrated and the proposal is found to be consistent with the purpose of the policies of the 1952 Critical Areas Ordinance. • 1 1953 • 1954 15.27.416 Permit - Required Prior to any development within a special flood hazard area, 1955 a flood hazard permit shall be obtained. This permit may be in addition to the critical area 1956 development authorization as set forth in Part Three. 1957 15.27.417 Permit — Application All persons applying for a flood hazard permit shall, 1958 submit a written application, accompanied by an application fee as specified in Title 11, using 1 1959 the fauns supplied. The application shall not be considered complete until the following 1960 minimum information is provided as identified below and in YMC § 15.11.050: 1961 (1) Name, address and telephone number of applicant and property owner if different; 1962 (2) Project description and taxation parcel identification number; 1963 (3), Name of the stream or body of water associated with the floodplain in which the I 1964 development is proposed; 1965 (4) Site plan map drawn to an engineering scale showing: 1966 (A) Actual dimensions and shape of the parcel to be built on; I 1967 (B) Sizes and location of existing structures on the parcel; • 1968 (C) Location and dimensions of the proposed development, structure or alteration; 1969 (D) Location, volume and type of any proposed fill; ▪ 1970 (E) The application shall include other information as may be required by the 1971 Administrative Official to clarify the application for the enforcement of Part Four of'this chapter; 1972 ▪ 1973 15.27.418 Permit — Review Flood hazard permit applications wil&be reviewed to 1974 determine: 1975 (1) The elevation and floodproofing requirements of Part Four of this chapter; ▪ 1976 (2) The proposed development's location in relation to the floodway and any encroachments 1977 § 15.27.412(2); 1978 (3) Alteration or relocation of a watercourse § 15.27.407(d); ▪ 1979 , (4) That the proposed development is a permitted use under Part Four of this chapter and 1980 Title 15; 1981 (5) That all necessary permits have been obtained from those federal, state or local I 1982 governmental agencies from which prior approval is required. 1983 1 DOC. INDEX 1 2/1/2008 47 City of Yakima 15.27 CAO 1984 15.27.419 Use of Available Data When base flood elevation data has not been provided in 1985 accordance with § 15.27.400, Flood hazard areas established, the City shall obtain, review, and 1986 reasonably utilize any base flood elevation and floodway data available from a federal, state or 1987 other source, in order to administer § 15.27.408 Specific Standards, 15.27.412 Floodway 1988 Prohibited Uses, and § 15.25 Violations and Enforcement and Administration. 1989 1990 15.27.420 Limitations Permits issued based on plans and applications approved by the 1991 Administrative Official authorize only the use, arrangement and construction set forth in such 1992 approved plans and applications, and no other use, arrangement or construction. Use, 1993 arrangement or construction at variance with that authorized is a violation of Part Four and 1994 punishable as provided by § 15.25 Violations and Enforcement and Administration. 1995 1 1996 15.27.421 Permit — Expiration & Cancellation If the work described in any permit 1997 has not begun within one hundred eighty (180) days from the date of issuance thereof, the permit 1998 shall expire and be canceled by the building official. 1999 2000 15.27.422 Performance bonds. 2001 (a)The City may require bonds in such form and amounts as may be deemed necessary to assure 2002 that the work shall be completed in accordance with approvals under Part Four. Bonds, if 2003 required, shall be furnished by the property owner, or other person or agent in control of the 2004 property. 2005 (b)In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the 2006 City in an amount equal to that which would be required in the surety bond. 2007 2008 15.27.423 Appeals The decision to grant, grant with conditions, or deny a flood 2009 hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to 2010 the procedure established for appeals in Part Three. 2011 2012 15.27.424, Coordination Upon application, the building official shall have the 2013 authority to grant a flood hazard permit when compliance with the applicable conditions as set _ 2014 forth in Part Four of this chapter and in other applicable local, state and federal regulations has 2015 been demonstrated and the proposal is found to be consistent with the purpose of this chapter. 2016 2017 ELEVATION AND FLOODPROOFING CERTIFICATION 2018 2019 15.27.425 Applicability Certification for elevation or floodprofing shall be required 2020 only for the new construction or substantial improvement of any residential, commercial, 2021 industrial, or nonresidential structure located in a special flood hazard area. 2022 2023 15.27.426 Certification Form The form of the elevation and floodproofing 2024 certificate shall be specified by the administrative official and shall be generally consistent with 2025 that required by FEMA for the administration of the National Flood Insurance Program. 2026 1 DOC. 1 INDEX 2/1/2008 - I V — 48 1 t . City of Yakima 15.27 CAO • II 2027 15.27.427 Information to be obtained and maintained The elevation and 2028 floodproofing certificate shall verify the following flood hazard protection information: I 2029 (1) The actual elevation (in relation to mean sea level) of the lowest floor (including 2030 basement) of all new or substantially improved structures, and whether or not the structure 2031 contains a basement; I 2032 ' 2033. (2) The actual elevation in relation in mean sea level of flood proofing of all new or 2034 substantially improved non - residential flood proofed structures. I 2035 . 2036 (3) Where a base flood elevation has not been established according to § 15.27.400, or 2037 where elevation data is not available either through the Flood Insurance Study, FIRM, or from 1 2038 another authoritative source, applications for building permits shall be reviewed to assure that 2039 proposed construction will be reasonably safe from flooding. The test of reasonableness is a local 2040 judgment and includes use of historical data, high water marks, photographs of past flooding, I 2041 etc., where available. . 2042 2043 15.27.428 Certification Responsibility The project proponent shall be responsible 2044 for providing required certification data to.the administrative official prior to the applicable ti 2045 construction inspection specified in the certification form. All elevation and floodproofing data 2046 specified in § 15.27.427 must be obtained and certified by a registered professional engineer, I 2047 architect, or surveyor. The administrative official shall permanently maintain the elevation and 2048 floodproofing certification. • 2049 I 2050 FLOOD HAZARD VARIANCES 2051 2052 15.27.429 Procedure. Any person seeking a variance from the requirements of Part I 2053 Four authorized under § 15.27.430 shall make such request in writing to the planning department 2054 on the forms they supply. Upon receipt of a completed application and application fee for the I 2055 variance, a notice of the variance request shall be forwarded to all landowners of adjacent 2056 property within twenty eight (28) days of the receipt of a completed application and payment of 2057 fees. The notice shall solicit written comment on the variance request and specify a time period 2058 not less than twenty (20) days from the date of mailing, during which written comments may be 2059 received and considered. The notice shall also state that copies of the administrative official's 2060 final decision will be mailed upon request. The administrative official may also solicit 1 2061 comments from any other person or public agency he or she feels may be affected by the 2062 proposal. 2063 t 2064 15.27.430 Variance limitations 2065 (a) Variances shall be limited solely to the consideration of: 2066 (1) Elevation requirements for lowest floor construction; • 2067 (2) Elevation requirements for floodproofing; and ▪ 2068 (3) The type and extent of floodproofing. 2069 (b) Variances shall not be considered for any procedural or informational requirements or use 2070 prohibitions of Part Four. III 2071 . . DOC. 1 2/1/2008 INDEX 49 C� - I City of Yakima 15.27 CAO 2072 15.27.431 Conditions for Authorization Before a variance to the p rovisions of Part 2073 Four may be authorized, it shall be shown that: 2074 (1) There are special circumstances applicable to the subject property or to the intended use, 1 2075 such as size, topography, location or surroundings, that do not apply generally to other property 2076 in the same vicinity and zone; 2077 (2) The granting of such variance will not be materially detrimental to the public welfare or 2078 injurious to the property or improvements in the vicinity and zone in which the subject property 2079 is located; 2080. (3) Such a variance is the minimum necessary, considering the flood hazard, to afford relief; 2081 (4) Failure to grant the variance would result in exceptional hardship to the applicant; and 2082 (5) The granting of such a variance will not result in: 2083 (A) Increased flood heights; 2084 (B) Additional threats to public safety; 2085 (C) Creation of nuisances; 2086 (D) Extraordinary public expense; or 2087 (E) Conflicts with other existing local laws or ordinances. 2088 2089 15.27.432 Administrative Official's Decision After considering any comments 2090 received from other agencies, jurisdictions or adjoining property owners, the administrative 2091 official shall approve, approve with conditions, or deny the variance request. The administrative 2092 official shall prepare written findings and conclusions stating the specific reasons upon which the 2093 decision is based. 2094 2095 15.27.433 Notification and Final Decision The decision shall be issued within 2096 seven (7) days from the end of the comment period. Further, the administrative official shall . 2097 mail the findings and decision to the applicant and to other parties of record requesting a copy. 2098 2099 15.27.434 . Power to Refer Decisions In exercising the duties and powers of 2100 implementing and administrating Part Four of this chapter, the administrative official may refer 2101 any variance application to the hearing examiner for action at a public hearing. 2102 2103 15.27.435 Appeals Any decision by the administrative official to approve or deny a 2104 variance request may be appealed subject to the procedures set forth in YMC Ch. 15.16. 2105 2106 15.27.436 Federal Flood Hazard Map Correction Procedures The 2107 procedures for federal flood hazard map correction, as provided in federal regulations 44 CFR 70 2108 of the National Insurance Program are hereby adopted by reference. 2109 1 1 1 DOC. 1 INDEX 2/1/2008 50 1 City of Yakima 15.27 CAO 1 2110 CHAPTER 15.27 2111 PART FIVE I 2112 FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR SYSTEM 2113 Sections Defined: 2114 Introduction 1 2115 15.27.500 Purpose and Intent 2116 15.27.501 Protection Approach 2117 Designation and Mapping 1 2118 15.27.502 Hydrologically Related Critical Area Features 2119 15.27.503 Habitat and Habitats of Local Importance 2120 15:27.504 Functional Properties I 2121 15.27.505 Stream, Lake, and Pond Typing System 2122 15.27.506 Wetland Rating System 2123 15.27.507 Maps 1 2124 General Development Standards 2125 15.27.508 Prohibited Uses 2126 15.27.509 General Policies and Standards I 2127 Water Dependency Development Standards and Buffer Requirements 2128 15.27.510 Use Classifications 2129 15.27.511 Water - dependent Uses I 2130 15.27.512 Water - related Uses 2131 15.27.513 Non -water Oriented Uses I 2132 15.27.514 Vegetative Buffers 2133 Land Modification Development Standards 2134 15.27.515 Roads, Railroads and Parking I 2135 15.27.516 Utility Transmission Lines 2136 15.27.517 Shore Stabilization 2137 15.27.518 Dredging and Excavation 2138 15.27.519 Filling 2139 15.27.520 Commercial Mining of Gravels 2140 15.27.521 Reclamation 1 1 1 1 1 1 DD.,, INDEX 51 2/1 /2008 City of Yakima 15.27 CAO I 2141 1 2142 15.27.500 Purpose and Intent 2143 1 2144 (a) The stream corridor system includes hydrologically related critical areas, streams, lakes, 2145 ponds, and wetlands and is part of a fragile and highly complex relationship of geology, 2146 soils, water, vegetation and wildlife. Policies and standards to help conserve and protect 1 2147 are designed to accomplish the following: 2148 (1) Meet the requirements of the Growth Management Act (RCW 36.70A.172) 2149 regarding best available science; 2150 - (2) Follow the requirements pursuant to the Flood- Resistant Construction in the 2151 adopted Building Code. 2152 (3) Provide a zero net loss of natural wetland functions and values. 2153 (4) Provide possible alternatives for necessary development, construction, and uses 2154 within a designated stream corridor and other hydrologically related critical 2155 areas; 1 2156 (5) Prevent decline in the quantity and quality of surface and subsurface waters; 2157 (6) Conserve, restore, and protect fish and wildlife habitats, vegetation, and 2158 ecological relationships; 2159 (7) Protect sensitive areas of the stream corridor from the potential negative effects of 2160 development; 2161 (8) Through voluntary agreements or government incentives, provide protection of 2162 natural wetland functions and values. 2163 (9) Recognize wildlife areas conservation habitats within their natural geographic 2164 location through coordinated land use planning. 2165 2166 15.27.501 Protection Approach 2167 1) To maintain fish and wildlife habitat there must be adequate environmental conditions for 2168 reproduction, foraging, resting, cover, and dispersal of animals. 2169 Factors affecting both habitat and its quality include the presence of essential resources 2170 such as food, water, nest building materials, and lack of diseases. The City of Yakima 2171 protects fish and wildlife habitat through: 2172 a. Protection of habitat for aquatic species; and, I 2173 b. Protection of habitat for species located near the water. 2174 2) The City of Yakima's approach to protecting Threatened, Endangered, and Sensitive 2175 Species Habitat is by using the protection approach sections of this chapter. 2176 II • 2177 Designataon andMappmg 2178 15.27.502 Hydrologically Related Critical Area Features 2179 Stream corridors and other hydrologically related critical areas include one (1) or more of the 2180 following features: 2181 (1) Any floodway or floodplain identified as a special flood hazard area identified by the 2182 Federal Emergency Management Agency (FEMA) as identified in the Flood Insurance 2183 study or corresponding maps, is hereby adopted by reference and declared to be part of 2184 this chapter; 1 2185 (2) Perennial and intermittent streams, excluding ephemeral streams, including the stream 2186 main channel and all secondary channels within the ordinary high water mark; DOC. 1 INDEX 2/1/2008 # 52 1 I City of Yakima 15.27 CAO 1 2187 (3) Naturally occurring ponds under twenty (20) acres and associated submerged aquatic 2188 beds; and man -made lakes and ponds created within a stream channel; I 2189 (4) All wetlands as defined in § 15.27.299; 2190 (5) Any flood -prone area indicated by U.S. Soil Conservation Service soil survey data; and 2191 (6) A buffer area for a stream channel, lake, or pond or from the edge ofa wetland. I 2192 . 2193 15.27.503 Habitat and Habitats of Local Importance 2194 Habitats of Local Importance are habitats or species that due to their declining population, I 2195 sensitivity to habitat manipulation or other values make them important on a local level. Habitats 2196 of Local Importance may include a seasonal range or habitat element with which a given species 2197 has a primary association, and which, if altered, may reduce the likelihood that the species will 1 2198 maintain and reproduce over the long term. 2199 • 2200 1. Species and Habitats of Local Importance may be.identified for protection under this I 2201 chapter. State or local agencies, individuals or organizations may identify and nominate 2202 for consideration specific species and habitats, or a general habitat type, including 2203 streams, ponds or other features. Proponents shall have the burden of presenting . I 2204 evidence concerning the criteria set forth below. The nomination shall be processed once 2205 a year through the annual Comprehensive Plan amendment cycle. 2206 a. The decision for changes to species and habitats of local importance shall con - I 2207 . sider: 2208 i. Concern due to population status; I 2209 ii. Sensitivity to habitat manipulation; 2210 iii. Importance to the local community; and 2211 iv. Criteria used to identify state Priority Species, which includes: 2212 1. State Candidate Species that are defined by WDFW Policy M- 2213 6001 to include fish and wildlife species that WDFW will review 2214 for possible listing as State Endnaged, Threatened, or Sensitive; I .2215 2. Vulnerable Aggregations, which includes those species or groups 2216 of animals susceptible to significant population declines, within a - 2217 specific area, by virtue of their inclination to aggregate; ▪ 2218 3. Species of Recreational, Commercial, and /or Tribal Importance 2219 that are Vulnerable; and 2220 4. The Economic impact both positive and negative to the applicants • I 2221 property or surrounding property. Economic impact are to be 2222 determined by a properly qualified individual or firm using 2223 industry standards. I 2224 b. Nominated habitats, and habitats for species of local importance shall consider the 2225 following, and must include maps to illustrate the proposal: 2226 i. A seasonal range or habitat element which, if altered, may reduce the 1 2227 likelihood that the species will maintain or reproduce over the long term; il 2228 ii. Areas of high relative density or species richness, breeding habitat, winter 2229 range, and movement corridors; . 1 2230 iii. Habitat with limited availability or high vulnerability to alteration; and 2231 iv. Whether these habitats are already identified and protected under the 2232 provisions of this or other local ordinances or state or federal law. 1 DOC. • INDEX 1 2/1/2008 # ' - / 53 City of Yakima 15.27 CAO 1 2233 c. Habitat management recomendations shall be included for use in the I 2234 administration of this section. 2235 2236 2. Development Standards. Projects located within a Habitats of Local Importance, as 2237 designated in subsection (1) above shall meet the standards below, rather than the 2238 development standards in §§ 15.27.508 — 521, unless review is also needed for a 1 2239 Hydrologically Related Critical Area. 2240 a. Projects shall be designated using management recommendations established for 2241 the species or habitat by federal and state agencies, or those adopted for Species 2242 and Habitats of Local Importance by the City of Yakima. The department shall 2243 consider the extent such recommendations are used in its decision on the 2244 proposal, and may consider recommendations and advice from agencies with 2245 expertise. 2246 . 2247 15.27.504 Functional Properties I 2248 1) Streams, lakes, ponds and wetlands, require a sufficient riparian area to support one 2249 (1) or more of the following functional properties: 2250 a) Stream bank and shore stabilization; 2251 b) Providing a sufficient shade canopy to maintain water temperatures that 2252 supports fish and their habitat; 2253 - c) Moderating the impact of stormwater runoff; 2254 d) Filtering solids, nutrients and harmful substances; 2255 e) Surface erosion prevention; 2256 f) Providing and maintaining migratory corridors for wildlife; 2257 g) Supporting a diversity of wildlife habitat; 2258 h) Allowing for the natural occurrence of woody debris and organic matter to 2259 collect in the aquatic environment. 2260 2) Stream channels assist in one (1) or more of the following functional properties: 2261 a) Groundwater recharge and /or discharge; 2262 b) Water transport; 2263 c) Sediment transport and /or storage; 2264 d) Biochemical functions 2265 e) Channel migration and the protection of habitats; 2266 f) Food and habitat. 2267 3) Lakes, ponds and wetlands generally provide similar functions and generally provide 2268 one (1) or more of the following functional properties: 2269 a) Biogeochemical functions that improve water quality; 2270 b) Hydrologic functions maintaining the water regime in a watershed (flood flow r 2271 attenuation, decreasing erosion, and groundwater recharge); ® 2272 c) Food and habitat. 2273 4) Floodplains generally provide one (1) or more of the following functional properties: I 2274 a) Floodwater storage; 2275 b) Floodwater passage and the movement of high velocity waters; 2276 c) Sediment storage and recruitment; 1 2277 d) Food and habitat; 2278 e) Nutrient sink and /or source; DOC. 1 • 2/1/2008 INDEX 54 ti City of Yakima 15.27 CAO • 1 2279 f) Groundwater recharge and discharge. 2280 5) Habitat for wildlife consists of the arrangement of food, water, cover, and space. I 2281 Wildlife habitat generally includes one (1) or more of the following functional 2282 properties: 2283 a) Reproduction and /or nesting; I 2284 b) Resting and refuge; 2285 c) Foraging for food; 2286 d) Dispersal and migration. I 2287. 6) Some functions require larger areas, which may not be achievable due to existing 2288 development and construction constraints, especially in urban areas. In these 2289 instances, adjustments to the minimum standards to accommodate such constraints 2290 may be necessary. Where adjustments may be necessary, reductions of standards I 2291 should be offset by enhancement, restoration, or preservation measures which replace 2292 the lost functions or values or strengthen other functional values if replacement is not • 1 2293 possible. 2294 2295 15.27.505 Streams, Lakes and Ponds Typing System I 2296 For purposes of this chapter, the City of Yakima hereby adopts•a stream, lake and pond - typing 2297 system, for those features designated as critical areas in § 15.27.502 as follows: 2298 (1) Type 1 streams are those waters, within their ordinary high water mark (OHWM), I 2299 meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" 2300 under RCW Ch. 90.58. Waters associated with Type 1 streams as defined in RCW Ch. 2301 90.58 are not included. I 2302 (2) Type 2 streams are those surface water features which require protection due to the 2303 nature of their contributions to the functional properties listed in § 15.27.504 and are 2304 considered "Streams, Lakes and /or Ponds of Local Importance," as listed in Appendix A. I 2305 (3) Type 3 streams include all perennial streams within the City of Yakima not classified as 2306 Type 1 or 2. (See § 15.27.275 definition for perennial stream). 2307 (4) Type 4 streams are all intermittent streams within the City of Yakima not classified as I 2308 Type 1, 2 or 3. (See § 15.27.258 definition for intermittent stream) 2309 (5) Type 5 streams are all ephemeral streams within the City of Yakima not classified as I 2310 Type 1, 2, 3 or 4. Type 5 streams are not regulated as streams. (See § 15.27.236 2311 definition for ephemeral stream) 2312 (6) Lakes and Ponds I 2313 a). Lakes and ponds not designated as a shoreline that receive water from 2314 the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as 2315 the highest stream type from which the lake or pond receives water. si 2316 b). Natural lakes and ponds, not designated as a shoreline, that do not receive • 2317 water from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds. 2318 c). Lakes or ponds not designated as a shoreline that are connected to a g 2319 Type 1 stream shall be Type 1 ponds. 2320 2321 15.27.506 Wetland Rating System ▪ 2322 Wetlands within the City of Yakima are defined in § 15.27.299 and are shown on the data maps II 2323 referenced in § 15.27.507 Maps. Most, but not all, of the wetlands within the City of Yakima DOC. 2 /1 /2008 INDEX 55 1 City of Yakima 15.27 CAO 2324 occur near streams. The functional properties for wetlands are identified in §§ 15.27.504, and I 2325 15.27.603. 2326 1 2327 For regulatory purposes, wetlands are classified into four (4) categories according to the Wetland 2328 Rating System found in § 15.27.603(2) Wetland Functions and Rating. 2329 2330 2331 15.27.507 Maps , 2332 Certain fish and wildlife habitat and hydrologically related critical areas have been inventoried 2333 and are depicted on a series of paper and electronic maps. The maps do not officially define the 2334 extent or characteristics of specific critical areas; rather the potential physical boundaries and 2335 characteristics. Maps may be both regulatory and non - regulatory in nature as described below: I 2336 1) Regulatory maps include the following: 2337 a) Any floodway or floodplain identified as a special flood hazard area by the Federal 2338 Emergency Management Agency (FEMA) as identified in the Flood Insurance I 2339 Studies (FIRM). 2340 2) Informational maps indicate the approximate presence, location and /or typing of the 2341 potential critical area. Informational maps include, but are not limited to the following: 2342 a) Wetlands; 2343 b) Streams; 2344 c) - Channel migration zone; and 2345 d) Species and Habitats of Local Importance = Note: This map will be generated at 2346 such a time when the City of Yakima formally adopts u specie or habitat of local 2347 importance. 2348 3) Other non - regulatory information sources include maps or other data sources, but are not 2349 limited to: 2350 a. Comprehensive Flood Hazard Management Plans; 1 2351 b. Soil Survey of the City of Yakima; . 2352 c. Surface Geologic Maps; 2353 d. Historic and Current Aerial Photo Series; and 2354 e. Geohydraulic studies — geologic cross sections showing aquifers and confining 2355 units. 2356 2357 . ' General lievelopment Standards . 2358 15.27.508 Prohibited Uses 2359 The following uses and activities are prohibited within a designated hydrologically related 2360 critical area: 2361 (1) Storage, handling, and disposal of material or substances that are dangerous or hazardous 2362 with respect to water quality and life safety; 2363 (2) The placement of mining tailings, spoilage, and mining waste materials, except for that 2364 associated with the mining of gravel; 2365 (3) The draining or filling of a wetland, lake or pond, except as provided for in § 15.27.519; 2366 (4) The removal and transport of material for fill outside of the stream corridor; 2367 (5) Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal 1 2368 facilities. Note: This provision does not include Regional Wastewater plant facilities, DOC. 1 INDEX 2/1/2008 ff 56 1 Ci ty of Yakima 15.27 CAO I 2369 collection pipes, septic systems approved by a local or state agency, and other i :elated 2370 . facilities; I 2371 (6) Solid waste disposal sites; 2372 (7) Automobile wrecking yards; 2373 (8) Fill for the sole purpose of increasing land area within the stream corridor; I 2374 (9) Uses located within the floodway fringe that are listed in § 15.27.410; and, 2375 (10) Uses located within the floodway that are listed in § 15.27.412. 2376 I 2377 2378 15.27.509 General Policies and Standards 2379 The following policies and standards shall apply to any development, construction, or use carried 2380 out within a designated hydrologically related critical.area: I 2381 (1) The ordinary high water mark of a stream or lake, and the edge of a wetland shall be. • 2382 marked on the ground before any development, construction, or use is initiated. 2383 (2) Existing vegetation and any vegetative species pertinent to the critical area identified on 2384 the project site within the stream corridor shall only be disturbed to the minimum extent 2385 possible. I 2386 (3) Nesting areas and other sensitive habitat identified within a stream corridor shall be 2387 disturbed to the minimum extent possible. 2388 (4) Projects within the stream corridor shall be scheduled to occur at times and during I 2389 seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. 2390 Scheduling recommendations from the appropriate state and /or federal agency may be I 2391 considered. 2392 (5) Developments that obtain a stormwater permit approved by a local, state or federal 2393 agency and transportation projects using the Eastern Washington Stormwater manual are 2394 exempt from: I 2395 a. Excavation, grading, cut /fills, compaction, and other modifications, which 2396 contribute to erosion of soils, shall be confined to the minimum necessary to I 2397 complete the authorized work and avoid increased sediment.load. 2398 b. The removal of ground -cover vegetation, excavation, and grading shall be 2399 scheduled for periods when soils are the least vulnerable to erosion, compaction, I 2400 and movement unless suitable protective measures are used to prevent erosion. 2401 c. Increases in impervious surface area, compaction of soil, changes in topography, 2402 and other modifications of land within a stream corridor shall provide on -site I 2403 facilities for the detention, control, and filtration if potential increases have been 2404 identified to occur. 2405 d. The discharge point for controlled stoiinwater runoff shall be designed and I 2406 constructed to avoid erosion. 2407 e. Matting or _approved temporary ground cover shall be used to control erosion until 2408 natural vegetative ground cover is successfully established. • 2409 (6) Development, construction, and uses shall not directly or indirectly degrade surface water • 2410 and groundwater through the introduction of nutrients, fecal coliform, toxins, and other 2411 biochemical substances. 1 2412 (7) Prior to the approval of development, construction, or uses within a designated stream III 2413 corridor, any existing source of biochemical or thermal degradation identified as 2414 originating on the project property shall be corrected. DOC, INDEX 2/1/2008 57 of Yakima 1 City a15.27CA0 2415 (8) Facilities which use fertilizers, pesticides, or herbicides shall use landscaping, low -risk I 2416 products, application schedules, and other protective methodology to minimize the 2417 surface and subsurface transfer of biochemical materials into the stream corridor. 1 2418 (9) Modifications to natural channel gradient, channel morphology, drainage patterns, and 2419 other stream features shall not permanently alter or obstruct the natural volume or flow of 2420 surface waters. 1 2421 (10) Development, construction, or uses within the stream corridor shall not alter or divert 2422 flood flows, cause channel shift, erosion, and increase or accelerate the flooding of 2423 upstream or downstream flood hazard areas. 2424 (1 1) Structures placed in close proximity to the outer edge of bends in stream channels shall 2425 be located to minimize the hazard from stream undercutting and stream bank erosion 2426 stemming from potential future stream migration. 2427 (12) The Department of Ecology and adjacent communities shall be notified prior to any 2428 alteration or relocation of a watercourse and evidence of such notification shall be 2429 submitted to the Federal Emergency Management Agency. I 2430 (13) Maintenance shall be provided for the altered or relocated portion of said watercourse so 2431 that the flood - carrying capacity is not diminished. 2432 (14) Development, construction, or uses within the hydrologically related critical area shall be 2433 mitigated using mitigation sequencing as outlined in § 15.27.307 Mitigation 2434 Requirements. 2435 (15) Development shall not obstruct, cut off, or isolate stream corridor features. 2436 (16) Nothing in these regulations shall constitute authority of any person to trespass or in any 2437 way infringe upon the rights of private ownership. 2438 (17) If archaeological resources are uncovered during excavation, developers and property 1 2439 owners shall immediately stop work and notify the City of Yakima, the Washington State 2440 Office of Archaeology, and Historic Preservation and any affected Indian Nation. 2441 Archaeological sites are subject to RCW 27.44 Indian Graves and Records and RCW 1 2442 27.53 Archaeological Sites and Records. Development or uses that may impact such 2443 sites shall comply with WAC 25 -48 Archaeological Excavation and Removal Permit. 2444 (18) Projects located within the floodway must meet the requirements of § 15.27.411 2445 Permitted Uses. 2446 (19) Any portion of the vegetative buffer temporarily damaged or disturbed as a result of 2447 construction activities (excluding approved permanent use areas) shall be repaired at the 2448 completion of construction using the reclamation found in § 15.27.521 2449 2450 ... ; 'Water Dependency Development. Standards and J3uffer Requirements 2451 15.27.510 Use Classifications 2452 For purposes of this section, the components of any development, construction, or use requiring II 2453 a critical area development authorization shall be classified as provided below, and shall conform 2454 with the development standards applicable to the classification provided in §§15.27.511 - 13: 2455 1) Water Oriented Uses are one of the following two (2) categories of uses: I 2456 a) Water- dependent uses include dams, water diversion facilities, marinas, boat launching 2457 facilities, water intakes and outfalls, aquaculture, log booming, stream and wetland crossings 2458 for roads and railroads, stream and wetland crossings for utilities, swimming beaches, 2459 fishing sites, in -water or on -land shore stabilization structures, livestock watering sites, and 2460 other uses that cannot exist in any other location and are dependent on the water by reason of DOC. 1 INDEX 2/1/2008 # 58 1 City of Yakima 15.27 CAO I 2461 the intrinsic nature of their operations. This rovision applies only to the specific portion of a p pP Y p p 2462 project that is demonstrably dependent upon the water or shore. I 2463 b) A water - related use is one not intrinsically dependent on a waterfront location but whose 2464 economic viability is enhanced by a waterfront Location either because it requires large 2465 quantities of water, or because it provides services for water dependant uses and the I 2466 proximity to its customers makes such services less expensive and /or more convenient. 2467 Examples would include thermal power plants, sewage treatment plants, water processing 2468 and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat I 2469 rental shops. 2470 2) Non- water - oriented uses include any use not qualifying as uses in subsection (1) above. 2471 I 2472 15.27.511 Water- dependent Uses • 2473 The following provisions shall apply to water- dependent uses: 2474 (1) Strictures shall be clustered at locations on the water's edge having the least impact to 111 2475 the surface water and shore. • 2476 (2) Use areas and structures which require direct shore locations shall be located and 2477 constructed to minimize impacts to the shore area and the vegetative buffer specified in § I 2478 15.27.514 (Vegetative Buffers). 2479 (3) Use areas and structures requiring direct shore locations shall minimize any obstruction 2480 or impairment of normal public navigation of the surface water. I 2481 2482 15.27.512 Water - related Uses 2483 The following provisions shall apply to the water- related uses: I 2484 (1) Structures and use areas shall be located as far landward from the ordinary high water 2485 mark or wetland edge as is possible and still preserve the essential or necessary relationship with I 2486 the surface water. 2487 (2) Structures and use areas shall not be located within the vegetative buffer specified in § 2488 15.27.514 (Vegetative Buffers) except where existing development or the requirements 2489 associated with the use make such a location unavoidable. 2490 2491 15.27.513 Non -water Oriented Uses I 2492 The following provisions shall apply to non - water - oriented uses: 2493 (1) Structures and use areas shall be set back so as not to be located within the vegetative 2494 buffer specified in § 15.27.514 (Vegetative Buffers). I 2495 (2) Construction abutting the vegetative buffer specified in § 15.27.514 (Vegetative Buffers) 2496 shall be designed and scheduled to ensure there will not be permanent damage or loss of the 2497 vegetative buffer. I 2498 2499 15.27.514 Vegetative Buffers 2500 The establishment of a vegetative buffer system is necessary to protect the functions and values I 2501 of certain hydrologically related critical areas. Standard and minimum buffers for streams, lakes, 2502 ponds, and wetlands are listed in Table 5 -1 and 5 -2. 2503 1) Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes I 2504 and ponds, and from the edge of the wetlands. The width of the buffer shall be determined 2505 according to the stream or wetland type. 1 E 'Or ,1npy, 2/1/2008 _...__ 59 City of Yakima 15.27 CAO 2506 Buffer width may be reduced through an adjustment permit process (§ 15.27.317). However, the I 2507 Administrative Official may not approve reductions to the standard buffer widths for wetlands 2508 that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, except 1 2509 where it can be shown that a particular wildlife species needs within the buffer can be met with a 2510 smaller buffer. 2511 2) Type 1 streams, lakes, and ponds are protected by the Shoreline Master Program and are not 2512 part of this Title. . 2513 3) The minimum buffer widths listed in Tables 5 -1 and 5 -2 are the lowest possible buffer widths 2514 allowed by means of the adjustment process. Adjustments below the minimum buffer width 1 2515 must meet additional approval criteria as provided in § 15.27.317(3)(d) Adjustments. 2516 4) The adequacy of these standard buffer widths presumes the existence of a relatively intact 2517 native vegetative community within the buffer zone that is deemed adequate to protect the I 2518 identified critical area. 2519 a. If the vegetation is degraded, then re- vegetation may be considered with any 2520 adjustment to the buffer width. 2521 b. Where the use is being intensified, a degraded buffer may be re- vegetated to maintain 2522 the standard width. 2523 Table 5 – 1 2524 ** *The Administrative Official may not approve reductions to the standard buffer widths for 2525 wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, 2526 except where it can be shown that a particular wildlife species needs within the buffer can be 2527 met with a smaller buffer.*** 2528 Stream Type Buffer Width standard /(minimum adjustment) Type 1 Shoreline streams, lakes and ponds 100' Type 2 streams, lakes and ponds 75'/(25') 1 Type 3 streams (Perennial), lakes and 507(25') ponds Type 4 streams (Intermittent), lakes and 25'/(15') III ponds Type 5 streams (Ephemeral) No buffer standards Type 5 streams are not regulated as streams, but may be protected under geologically hazardous area, floodplain, stormwater, construction, grading or other I development regulations. 2529 2530 ** *The Administrative Official may not approve reductions to the standard buffer widths for 1 2531 wetlands that score medium (20 -28 points) or high (29 -36 points) for wetland habitat function, 2532 except where it can be shown that a particular wildlife species needs within the buffer can be 2533 met with a smaller buffer.*** 1 2534 2535 Table 5 -2 Type 1 Wetlands Type 2 Wetlands Type 3 Wetlands Type 4 Wetlands 1 (standard /minimum) (standard /minimum) (standard /minimum) (standard /minimum) 2007100' 150'/75' - 100750' 50'/25' DOC. III INDEX 60 2/1/2008 : 4 6 ) ___ t II City of Yakima 15.27 CAO O 1 2536 2537 Land Modification Development Standards 1 2538 15.27.515 Roads, Railroads, and Parking 2539 The following provisions shall apply to the location and construction of roads, railroads, and 2540 parking within a designated hydrologically related critical area: 1 2541 (1) Roads and railroads shall not be located within a designated stream corridor except where 2542 it is necessary to cross the corridor or where existing development, topography, and other 2543 conditions preclude locations outside the stream corridor. 1 2544 a) of roadways across stream corridors shall be by the most direct route • 2545 possible having the least impact to the stream corridor; 2546 b) Roadways that must run parallel to streams or wetlands shall be along routes having the I 2547 greatest possible distance from stream or wetland and the least impact. 2548 c) Roadways within the stream corridor shall not hydrologically obstruct, cut -off or isolate 2549 stream corridor features, unless it is clearly unavoidable. I 2550 (2) Material excavated from the roadway area to achieve the design grade shall be used as fill 2551 where necessary to maintain grade or shall be transported outside the stream corridor. 2552 (3) Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or I 2553 cause displacement that would increase the elevation of flood waters such that it would cause 2554 properties not in the floodplain to be flood - prone. 2555 (4) Spoil, construction waste, and other debris shall not be used as road fill or buried within 1 2556 the stream corridor.. 2557 (5) Bridges and water - crossing structures shall not constrict the stream channel or impede the 2558 flow of ordinary high water, sediment, and woody debris. I 2559 (6) The preservation of natural stream channels and drainage ways shall be preferred over the 2560 use of culverts. Where culverts are the preferred method, large, natural bottom culverts, multi- I 2561 plate pipes, and bottomless arches are preferred. 2562 (7) The alignment and slope of culverts shall parallel and match the natural flow of streams 2563 or drainage ways and shall be sized to accommodate the volume, flow and velocity of ordinary 1 2564 high water and shall terminate on stable, erosion - resistant materials. 2565 (8) Where fish are present, culverts shall be designed and constructed to specifications 2566 provided through the Department of Fish and Wildlife. • 1 2567 (9) At least one end of a wood stringer bridge shall be anchored to prevent the bridge from 2568 being washed away during a high water event. 2569 (10) Roads must be designed and constructed using established flood resistant design and 2570 construction methods when the road is possibly subject to floodwater damage. II 2571 (11) Roads and bridges within floodways must meet the requirements of § .15.27.411(8) and 2572 (3), unless an engineer can demonstrate another appropriate method. 1 2573 2574 15.27.516 Utility Transmission Lines and Facilities 2575 The following provisions shall apply to the location, construction, and installation of utility I 2576 transmission lines (such as those for wastewater, water. communication, natural gas) within a 2577 designated hydrologically related critical area: 2578 (1) Utility transmission lines shall be permitted within the stream corridor only where it is I 2579 necessary to cross the corridor or where development, topography, and other conditions preclude 2580 locations outside the stream corridor. 1 DOC . 2/1/2008 61 1 G - � City of Yakima 15.27 CAO 1 2581 a) Utility transmission lines across stream corridors shall be by the most direct route 2582 possible having the least impact to the stream corridor. 2583 b) The construction of utility transmission lines within a stream corridor shall be 1 2584 designed and located to provide a minimum disruption to the functional properties. 2585 (2) Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy 2586 replacement or repair with minimal disturbance to the stream corridor. 2587 (3) Buried utility transmission lines crossing a stream corridor shall be buried a minimum of 2588 four feet below the maximum scour or 1/3 of the bankfull depth of the waterway, whichever is 2589 greater, and for a similar depth below any associated floodway and floodplain to the maximum 2590 extent or potential channel migration as determined by hydrologic analysis. 2591 (4) Wherever possible, new aboveground installations shall use existing bridges or pole 2592 facilities. 2593 (5) Aboveground electrical support towers and other similar transmission structures shall be 2594 located as far upland as is reasonably practical. 2595 (6) Transmission support structures shall be located clear of high flood velocities and located 2596 in areas of minimum flood depth, which require the least amount of floodproofing. 2597 (7) Underground utility transmission lines shall be constructed so they do not alter, 2598 intercept, or dewater groundwater patterns that support streams, wetlands, and hyporheic flow. 2599 (8) All new and replacement water supply systems and wastewater systems within a special 2600 flood hazard area must meet the requirements of § 15.27.407(b) (re: infiltration or discharge into 2601 or out of the system). 2602 (9) Utility transmission lines within the Floodway Fringe shall meet the.standards of § 2603 15.27.409(2). 2604 (10) Utility transmission lines within the Floodway shall meet the standards of § 2605 15.27.411(3). 2606 • 2607 15.27.517 Shore Stabilization 2608 The following provisions shall apply to shore stabilization projects: 2609 (1) Shore stabilization projects shall be allowed only where there is evidence of erosion 2610 which clearly threatens existing property, structures, or facilities, and which stabilization will not 2611 jeopardize other upstream or downstream properties. 2612 (2) Stabilization projects shall be developed under the supervision of, or in consultation with, 2613 agencies or professionals with appropriate expertise. 2614 (3) Stabilization projects shall be confined to the minimum protective measures necessary to 2615 protect the threatened property. 2616 (4) The use of fill to restore lost land may accompany stabilization work, provided the 2617 resultant shore does not extend beyond the new ordinary high water mark, finished grades are 2618 consistent with abutting properties, a restoration plan is approved for the area, and the fill 2619 material is in compliance with § 15.27.519 Filling. 2620 (5) Stabilization projects shall use design, material, and construction alternatives that does 2621 not require high or continuous maintenance, and which prevents or minimizes the need for 2622 subsequent stabilization of the shore's other segments. 2623 (6) Alternative Preferences Vegetation, berms, bioengineering techniques, and other 2624 nonstructural alternatives, which preserve the natural character of the shore shall be preferred 1 2625 over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization. 2626 While riprap, rock or other natural materials shall be preferred over concrete revetments, DOC. INDEX 62 2/1/200S / Ci ty of Yakima 15.27 CAO II 2627 bulkheads, breakwaters and other structural stabilization. 2628 (7) Applications to construct or enlarge dikes or levees shall meet the requirements of § I 2629 15.27.411(7). ▪ 2630 (8) Revetments and bulkheads shall be no higher than necessary to protect and stabilize the 2631 shore. I 2632 (9) Breakwaters shall be constructed of floating or open -pile designs rather than fill, riprap, 2633 or other solid construction methods. 2634 (10) All new flood control projects shall define maintenance responsibilities and a funding 111 2635 source for operations, maintenance, and repairs for the life of the project. 2636 • 2637 15.27.518 Dredging and Excavation . 1 2638 The following provisions shall apply to dredging and excavation within a designated 2639 hydrologically related critical area: 2640 (1) Dredging in surface waters shall be allowed only where necessary: 1 2641 a. Because of existing navigation needs; 2642 b. Habitat improvement; 2643 c. Maintenance, and . I 2644 d. Construction of water dependant uses. 2645 . 2646 (2) Dredging and excavation shall be confined to the minimum area necessary to accomplish I 2647 the intended purpose or use. 2648 (3) Hydraulic dredging or other techniques that minimize the dispersal and broadcast of 2649 bottom materials shall be preferred over agitation forms of dredging. I 2650 (4) Curtains and other appropriate mechanisms shall be used to minimize widespread 2651 dispersal of sediments and other dredge materials. I 2652 (5) Entries across shore and wetland edges to accomplish dredging or excavation shall be 2653 confined to the minimum area necessary to gain entry and shall be confined to locations with the 2654 least potential for site disturbance and damage. I 2655 (6) Dredging and excavation shall be scheduled at times having the Least impact to fish 2656 during spawning, nesting, and other identified natural processes. 2657 (7) Dredge spoils are also considered fill, and shall not be deposited within the stream except I 2658 where such deposit is in accordance with approved procedures intended to preserve or enhance 2659 wildlife habitat, natural drainage, or other naturally occurring conditions. 2660 ▪ 2661 15.27.519 Filling II 2662 The following provisions shall apply to filling activities within a designated hydrologically 2663 related critical area: 2664 (1) Fill within surface waters or wetlands shall be allowed only where necessary in ▪ 2665 conjunction with water - dependent uses, or an approved reclamation plan under § 15.27.521 or • 2666 approved compensatory mitigation plan under § 15.27.604.. 1 2667 (2) Fill for the purpose of increasing elevation may be permitted if it can be accomplished in 2668 a manner consistent with this chapter's policies. 2669 (3) Fill shall be the minimum necessary to accomplish the use or purpose and shall be ▪ 2670 confined to areas having the least impact to the stream corridor. Other alternatives should be ▪ 2671 preferred over fill to elevate new homes in the floodplain, such as increasing foundation height 2672 or zero -rise methods such as piers, posts, columns, or other methods. 1 . INDEX 1 2/1 /2008 ## I — 63 r- City f Yakima 15.27 CAO ty o 2673 4) Fill in flood plains shall meet the requirements of Part Four Flood Hazard Areas. ( p q § 2674 (5) Unless site characteristics dictate otherwise, fill material within surface waters or 2675 wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to 1 2676 degrade water quality. 2677 (6) Fill placement shall be scheduled at times having the least impact to fish during 2678 spawning, nesting, and other identified natural processes. 2679 (7) Fill and finished surface material shall require low maintenance, provide high resistance 2680 to erosion, and prevent or control the migration of sediments and other material from the fill area 2681 to surrounding water, shore, and wetlands, unless the Washington Department of Fish and 2682 Wildlife indicates other options are preferred. 2683 (8) Projects that propose fill shall make every effort to acquire fill onsite (compensatory 2684 storage) where appropriate. 2685 (9) Fill should not obstruct, cut off, or isolate stream corridor features. 2686 2687 15.27.520 Commercial Mining of Gravels 2688 The following provisions shall apply to the commercial mining of gravels within a designated 2689 hydrologically related critical area: 2690 (1) Prior to the authorization of commercial gravel mining operation, the project proponent 2691 shall provide maps to scale which illustrate the following: 2692 (A) The extent to which gravel excavation and processing will affect or modify existing 2693 stream corridor features, including existing riparian vegetation; 2694 (B) The location, extent and size in acreage of any pond, lake, or feature that will be 2695 created as a result of mining excavation; 2696 (C) The description, location, and extent of any proposed subsequent use that would be 2697 different than existing uses. 2698 (2) Wherever feasible, the operations and any subsequent use or uses shall not cause 2699 permanent impairment or loss of floodwater storage, wetland, or other stream corridor features. 2700 Mitigation shall provide for the feature's replacement at equal value except wetlands which shall 2701 be mitigated according to guidance in the Washington State Department of Ecology's Wetland 2702 Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated). 2703 (3) Any surface mining allowed within the floodway shall meet the standards of § 2704 15.27.411 (2). 2705 (4) Except where authorized by City of Yakima in consultation with the State Department of 2706 Fish and Wildlife and Department of Ecology, the following shall apply: 2707 (A) The excavation zone for the removal of gravels shall be located a minimum of one 2708 hundred feet upland from the ordinary high water mark (OHWM) of the stream channel. 2709 (B) Equipment shall not be operated, stored, refueled, or provided maintenance within 2710 one hundred feet of the OHWM. 2711 (C) Gravel washing, rock - crushing, screening, or stockpiling of gravels shall not occur 2712 within one hundred feet of the OHWM. 2713 (5) Mining proposals shall be consistent with the Washington Department of Natural 1 2714 Resources Surface Mine Reclamation standards, (WAC 332 -18, RCW 78.44). 2715 . 2716 15.27.521 Reclamation 1 2717 The following guidelines shall apply to the reclamation of disturbed sites resulting from 2718 development activities with a designated hydrologically related critical area: r ti N 64 1 City of Yakima 15.27 CAO C O 1 2719 (1) Development, construction, or uses shall include the timely restoration of disturbed 2720 features to a natural condition or to a stabilized condition, which prevents degradation. I 2721 (2) Large -scale projects that extend over several months shall be phased to allow reclamation 2722 of areas where work or operations have been completed. 2723 (3) Reclamation shall be scheduled to address precipitation, meltwater runoff, growing 11 1 2724 season, and other seasonal variables that influence restoration and recovery. 2725 (4) Topography shall be finished to grades, elevations, and contours consistent with natural 2726 conditions in adjacent and surrounding areas. 1 2727 (5) Where existing development and construction prevent return of a site to its natural 2728 condition, sites may be finished to conditions comparable to surrounding properties 2729 provided suitable protective measures are used to prevent stream corridor degradation. 1 2730 (6) Cut -and -fill slopes shall be stabilized at, or at less than the normal angle of repose for the 2731 materials involved. 2732 (7) The replacement or enhancement of vegetation within wetlands and required vegetative 1 2733 buffers shall use naturally occurring, native plant species. . 2734 (8) In other parts of the stream, naturally occurring, native plant species shall be used, unless 2735 a showing of good cause acceptable to the Administrative Official or designee is I 2736 provided. Should good cause be shown then self - maintaining or low- maintenance plant 2737 species compatible with the native vegetation shall be used in place over of non - native it 2738 and high - maintenance species. • 1 • 1 1 1 1 1 1 1 1 2/1/2008 65 6 _ i City of Yakima 15.27 CAO 2739 CHAPTER 15.27 2740 PART SIX 2741 WETLANDS 2742 2743 Sections Defined: 2744 15.27.600 Purpose and Intent 1 2745 15.27.601 Designating and Mapping 2746 15.27.602 Protection Approach 2747 15.27.603 Wetland Functions and Rating 2748 15.27.604 Compensatory Mitigation 2749 15.27.605 Wetland Mitigation Banks 2750 2751 15.27.600 Purpose and Intent - The purpose and intent of the provisions protecting wetland 2752 critical areas is equivalent to the purpose and intent for § 15.27.500. 2753 2754 15.27.601 Designating and Mapping 2755 1) Wetlands are all areas meeting the definition for wetlands as defined in § 15.27.299 and 2756 are hereby designated critical areas which are subject to the provisions of this chapter. 2757 Except the following: 2758 A) Irrigation systems that create an artificial wetlands. 2759 B) Areas where changes in irrigation practices have caused wetland areas to dry up. 2760 2) The approximate location and extent of wetlands are shown on maps maintained by The 2761 City of Yakima. These maps may include information from the National Wetlands 2762 Inventory produced by the U.S. Fish and Wildlife Service and are to be used as a guide 2763 for the City of Yakima. 2764 2765 15.27.602 Protection Approach 2766 Wetlands will be protected using the Protection Approach for Hydrologically Related Critical 2767 Areas found in § 15.27.501. Wetlands and their functions will be protected using the standards 2768 found in Part Four. 2769 2770 15.27.603 Wetland Functions and Rating 2771 1) Wetlands are unique landscape features that are the interface between the aquatic and 2772 terrestrial environments. Wetlands provide the following functions: 2773 a) Biogeochemical functions, which improve water quality in the watershed (such as 2774 nutrient retention and transformation, sediment retention, metals and toxics 2775 retention and transformation). 2776 b) Hydrologic functions, which maintain the water regime in a watershed, such as 2777 flood flow attenuation, decreasing erosion, and groundwater recharge. 2778 c) Food and habitat functions, which includes habitat for invertebrates, amphibians, 2779 anadromous fish, resident fish, birds, and mammals. 2780 2) Wetlands shall be rated based on categories that reflect the functions and values of each 2781 wetland and shall be based on the criteria provide in the Washington State Wetland 2782 Rating System for Eastern Washington, revised August 2004 (Ecology Publication #04- 1 2783 06 -15 which are summarized below: 1 2/1/2008 ; >•,, h 66 4 C— 1 City of Yakima 15.27 CAO 1 2784 a) Category I wetlands are more sensitive to disturbance than most wetlands, are 2785 relatively undisturbed, and contain ecological attributes that are difficult to replace. I 2786 Generally, these wetlands are not common and make up a very small percentage of 2787 the wetlands within the City of Yakima. The following types of wetlands are 2788 classified as Category I: 1 2789 i.Wetlands scoring 70 points or more (out of 100) in the Eastern Washington 2790 Wetland Rating System (EWWRS); , 2791 ii. Alkali wetlands; 1 2792 iii. Natural heritage wetlands (wetlands identified by Washington Department of 2793 Natural Resources Natural Heritage Program scientists); and 2794 iv. Bogs. 1 2795 b) Category II wetlands are difficult but not impossible to replace and provide high 2796 levels of some functions. Category II wetlands include: 2797 i.Wetlands scoring between 51 -69 points (out of 100) in the EWWRS; and I 2798 ii. Unassociated vernal pools. 2799 ' iii. Forested Wetlands 2800 c) Category III wetlands are often smaller, less diverse and /or more isolated from other 1 2801• natural resources. Category III wetlands include: 2802 i. Wetlands with a moderate level of functions (scoring between 30 -50 points) in 2803 the EWWRS; and • I 2804 ii. Associated vernal pools. 2805 d) Category IV wetlands have the lowest levels of functions, scoring less than 30 2806 points in the EWWRS. Category IV wetlands are often heavily disturbed and are I 2807 wetlands that should be able to be replaced. 2808 3) Wetlands shall be rated, as they exist on the day of project application submission. I 2809. Information regarding the original condition of illegally modified wetlands that can not 2810 be discerned from aerial photographs or other reliable information sources shall use the 2811 highest appropriate points value within each missing data field of the EWWRS rating 1 2812 sheet to complete the rating. 2813 2814 15.27.604 Compensatory Mitigation Requirements — Projects that propose compensation for 1 2815 wetland acreage and /or functions are subject to State and Federal regulations. Compensatory 2816 mitigation for alterations to wetlands shall provide for a no net loss of wetland functions and 2817 values, and must be consistent with the mitigation plan requirements of § 15.27.314(13). The iii 2818 following documents were developed to assist applicants in meeting the above requirements. 2819 1) Compensatory mitigation plans must be consistent with Guidance on Wetland Mitigation 2820 in Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and 1 2821 Proposals or as revised (Washington State Department of Ecology, U.S. Army Corps of 2822 Engineers Seattle District, and U.S. Environmental Protection Agency Region 10; 2823 Ecology publication number 04- 06 -013B - 1 2824 http: / /www.ecy.wa.gov/ programs /sea/bas wetlands /volume2final.html). 2825 2) Compensatory mitigation application and ratios for mitigation of wetlands shall be 2826 consistent with "Wetlands in Washington State - Volume 2: Guidance for Protecting and 1 2827 Managing Wetlands — Appendix 8 -D- SS 8-D3" or as revised (Washington State 2828 Department of Ecology. Publication number 05 -06 -008 - • 2829 http: / /www.ecy.wa.gov/ programs / sea/ bas_wetlands /volume2final.html). 1 • 111 L_ _ " 67 2/1/2008 ' 1 City of Yakima 15.27 CAO 2830 1 2831 15.27.605 Wetland Mitigation Banks 2832 1) Credits from a wetland mitigation bank may be approved for use as compensation for 1 2833 unavoidable impacts to wetlands when: 2834 a) The bank is certified under RCW 90.84 or WAC 173 -700; 2835 b) The Administrative Official determines that the wetland mitigation bank can 2836 provide appropriate compensation for the authorized impacts; and 2837 c) The proposed use of credits is consistent with the terms and conditions of the 2838 bank's certification. 2839 2) Replacement ratios for projects using bank credits shall be consistent with replacement 28.40 ratios specified in the bank's certification. 2841 3) Credits from a certified wetland mitigation bank may be used to compensate for impacts 2842 located within the service area specified in the bank's certification. In some cases, bank 2843 service areas may include portions of more than one adjacent drainage basin for specific 2844 wetland functions. 1 • 1 1 1 1 1 1 1 1 1 c DOC al. �.�. INDEX 2/1/2008 68 ___- . / ..__.____ I City of Yakima 15.27 CAO I 2845 CHAPTER 15.27 2846 PART SEVEN I 2847 GEOLOGICALLY HAZARDOUS AREAS 2848 2849 Sections Defined: I 2850 15.27.700 Purpose and Intent 2851 15.27.701 Mapping and Designation 2852 15.27.702 Geologically Hazardous Areas Protection Approach I 2853 15.27.703- Development Review Procedure for Geologically Hazardous Areas 2854 15.27.704 General Protection Requirements 2855 I 2856 15.27.700 Purpose and Intent 2857 1. Geologically hazardous areas include those areas susceptible to erosion, sliding, 2858 earthquake or other geological events. These areas pose a threat to the health and safety I 2859 of the City of Yakima's citizens when incompatible development is sited in significantly 2860 hazardous areas. When mitigation is not feasible, development within geologically 2861 hazardous areas should be avoided. I 2862 2. The purpose of this section is to: 2863 a. Minimize risks to public health and safety and the risk of property damage I 2864 by regulating development within geologically hazardous areas; 2865 b. Maintain natural geological processes while protecting new and existing • 2866 development; and I 2867 c. Establish review procedures for development proposals in geologically hazardous 2868 areas. 2869 4) This section does not imply that land outside mapped geologically hazardous areas or. I 2870 uses permitted within such areas will be without risk. This section shall not create 2871 liability on the part of the City of Yakima, any officer, or employee thereof for any 2872 damages that result from reliance on this chapter or any administrative decision lawfully I 2873 made hereunder. 2874 2875 15.27.701 Mapping and Designation 2876 1) Geologically hazardous areas are areas that are susceptible to one or more of the following, II 2877 based on WAC 365 - 190- 080(4)(b) -(h): 2878 a) Erosion hazards; I 2879 b) Landslide hazards, which include: • 2880 i. over steepened slopes; 2881 ii. alluvial fan /flash flooding; I 2882 iii. avalanche; and • 2883 iv. stream undercutting 2884 c) Seismic hazards (referred to below as earthquake hazards); I 2885 d) Volcanic hazards; 2886 2) The approximate location and extent of erosion hazard areas are shown on the City of 2887 Yakima's critical area map titled "Erosion Hazard Areas of the City of Yakima ". Erosion I 2888 hazard areas were identified by using the "Soil Survey of Yakima County Area, 2889 Washington" and the "Soil Survey of Yakima Indian Reservation Irrigated Area, DOL, INDEX 2ni2008 69 CET— 0 City of Yakima 15.27 ty CAO 2890 Washington, Part of Yakima County ". The analysis utilized the eneral soil map unit I g p 2891 descriptions of severe and very . severe hazard of water erosion. 2892 3) The approximate location and extent of Geologically Hazardous Areas are shown on the 1 2893 City's critical area map titled "Geologically Hazardous Areas of the City of Yakima ". The 2894 following geologically hazardous areas have been mapped and classified using the criteria • 2895 found in WAC 365- 190- 080(4)(b) -(h): 2896 a) Landslide hazard areas (LS) — These include places where landslides, debris flows, 2897 or slumps have occurred. 2898 i. High Risk areas (LS3) are defined as areas that are presumed to have had a 2899 landslide, debris flow, or slump within 10,000 years or less. 2900 ii. Intermediate Risk areas (LS2) are defined as areas where landslides, 2901 . debris flows, or slumps are older than 10,000 years, but are still capable of 2902 movement. 2903 iii. Low Risk areas are defined as areas unlikely to fail. These areas are 2904 unlabeled and combined with other Low Risk categories. 1 2905 2906 b) Over steepened slope hazard areas (OS) - These include areas with slopes steep 2907 enough to create a potential problem. 2908 i. High Risk areas (0S3) are defined as: Having a high potential to fail, 2909 include slopes greater than 40 %, and consist of areas of rock fall, creep, 2910 and places underlain with unstable materials. 1 2911 ii. Intermediate Risk areas (0S2) are defined as: Areas less likely to fail but 2912 are still potentially hazardous. This category includes slopes between 2913 15% and 40 %. 2914 iii. Low Risk areas are defined as: Areas unlikely to fail. These areas are 2915 unlabeled and combined with other Low Risk categories. 2916 c) Alluvial fan /flash flooding hazard areas (AF) - These areas include locations where 2917 flash floods can occur and are often associated with inundation by debris from 2918 flooding. These area may include: 2919 i. Alluvial fans; 2920 ii. Canyons; 2921 iii. Gullies; and 2922 iv. Small streams where catastrophic flooding can occur. 2923 d) Avalanche risk hazard areas (AR) - Areas of avalanche hazards are limited to areas 2924 near Cascade Crest, which are currently located outside the City of Yakima's UGA. 2925 e) Stream undercutting hazard areas (SU) - These areas are confined to banks near 2926 main streams and rivers where undercutting of soft materials may result. 2927 i. High Risk areas (SU3) include steep banks of soft material adjacent to 2928 present stream courses. 2929 ii. Intermediate Risk areas (SU2) are banks along the edge of a flood plain 2930 but away from the present river course. 1 2931 Low Risk areas are unlabeled and combined with other Low Risk areas on the maps. 2932 f) Earthquake activity hazard areas (EA) - Recorded earthquake activity in the City of 2933 Yakima is mostly marked by low magnitude events and thus low seismic risk. The 1 2934 City of Yakima's Low Risk, areas are unlabeled, and combined with other low risk 2935 hazards. DOC. 1 NIDEX 2/1/2008 # ..V L 70 I City of Yakima 15.27 CAO 2936 g) Suspected geologic hazard areas (SUS) — These are areas for which detailed 2937 geologic mapping is deficient but preliminary data indicate a potential hazard may I 2938 exist. No risk assessment (1 -2 -3) is given for these areas. Most are probably OS or LS 2939 hazards. 2940 h) Risk unknown hazard areas (UNK) - This category is limited to areas where I 2941 geologic mapping is lacking or is insufficient to make a determination. All of these 2942 areas are associated with other classified geologic hazards. 2943 I 2944 4) Volcanic Hazard Areas are not mapped but are defined as areas subject to pyroclastic 2945 (formed by volcanic explosion) flows, lava flows and inundation by debris flows, 2946 mudflows or related flooding resulting from volcanic activity. Volcanic Hazard Areas in I 2947 the City of Yakima are limited to pyroclastic (ash) deposits. No specific protection • 2948 requirements are identified for volcanic hazard areas. 2949 1 2950 15.27.702 Geologically Hazardous Areas Protection Approach 2951 The geologically hazardous areas protection approach can be met by following the guidelines 2952 below and by implementing the appropriate sections of the Building Code as adopted in I 2953 YMC Title 11. 2954 1) Erosion hazard areas — Protection measures for erosion hazard areas will be 2955 accomplished by implementing the regulatory standards for erosion and drainage control I 2956 required under YMC Title 11 Building Code. Title 11 requirements can be met by the 2957 application of the Best Management Practices (BMPs) in the Eastern Washington 2958 Stormwater Manual (WDOE Publication number 04- 10=076); equivalent manual adopted I 2959 by the City of Yakima; or any other approved manual deemed appropriate by the 2960 Building Official. 2961 2) Landslide hazard areas - Protection measures for landslide hazard areas will be I 2962 accomplished through the review process of § .15.27.703, by implementing the 2963 development standards of § 15.27.704, I 2964 3) Alluvial fan /flash flooding hazard areas - Protection measures for alluvial fan /flash 2965 flooding hazard areas will be accomplished through the review process of § 15.27.09.04. 2966 4) Stream undercutting hazard areas - Protection measures for stream undercutting 1 2967 hazard areas will be accomplished by Critical Areas review for flood hazards, streams, 2968 and Shoreline jurisdiction. 2969 5) Avalanche hazard areas - This condition is outside the City of Yakima's UGA and, 2970 therefore, does not apply. ▪ 2971 6) Oversteepened slope hazard areas - Protection measures for oversteepened slope 2972 hazard areas will be accomplished through the review process of § 15.27.703, by I 2973 implementing the development standards of § 15.27.704. 2974 7) Earthquake /Seismic hazard area protection standards - Protection measures for 2975 earthquake /seismic hazard areas will be accomplished by implementing the appropriate ▪ 2976 sections of the Building Code as adopted in YMC Title 1 1. ▪ 2977 8) Suspected geologic hazard areas and Risk unknown hazard areas - Protection 2978 measures for suspected geologic hazard areas and risk unknown hazard areas will be I 2979 accomplished through the review process of § 15.27 ..703 and by implementing the 2980 development standards of § 15.27.704. 2981 1 DOC. • INDEX • 1 2/12008 # / 71 1 City of Yakima 15.27 CAO 2982 15.27.703 Development Review Procedure for Geologically Hazardous Areas 2983 1) The Administrative Official shall make a Determination of Hazard to confirm whether 2984 the development or its associated facilities (building site, access roads, limits of grading/ 1 2985 excavation/ filling, retaining walls, septic drainfields, landscaping, etc.) are: 2986 a) located within a mapped geologically hazardous area; 2987 b) abutting or adjacent to a mapped geologically hazardous area and may result in or 1 2988 contribute to an increase in hazard, or pose a risk to life and property on or off the 2989 site; 2990 c) located within a distance from the base of an adjacent landslide hazard area equal to I 2991 the vertical relief of said hazard area; or 2992 d) located within the potential run -out path of a mapped avalanche hazard. 2993 2) Developments that receive an affirmative Determination of Hazard by the Administrative 2994 Official under subsection (1) above, must conduct a Geologic Hazard Report as provided 2995 in § 15.27.315(3), which may be part of a GeoTechnical Report required below. 2996 a) If the Geologic Hazard Report determines that no hazard exists or that the project I 2997 area lies outside the hazard, then no Geologic Hazard review is needed. 2998 b) The Administrative Official is authorized to waive further Geologic Hazard review 2999 for over steepened slopes on the basis that the hazards identified by the Geologic 3000 Hazard report will be adequately mitigated through the issuance of a grading or 3001 . construction permit. 3002 3) Developments that receive an affirmative Determination of Hazard, but do not meet the 3003 provisions of paragraph 2a or 2b above, must: 3004 a) Obtain a Critical Areas Development Authorization under Part Three; 3005 b) Submit a GeoTechnical Report that is suitable for obtaining grading and construction 3006 permits that will be required for development; 3007 i).The geo- technical report shall incorporate a submitted assessment, which 3008 includes the design of all facilities; 1 3009 ii) A description and analysis of the risk associated with the measures 3010 proposed to mitigate the hazards, and ' 301 1 iii) Ensure the public safety, and protect property and other critical areas. 3012 c) Be consistent with § 15.27.704. 3013 3014 15.27.704 General Protection Requirements 3015 1) Grading, construction, and development and their associated facilities shall not be located 3016 in a geologically hazardous area, or any associated setback for the project recommended 3017 by the GeoTechnical Report, unless the applicant demonstrates that the development is 3018 structurally safe from the potential hazard, and that the development will not increase the 3019 hazard risk onsite or off -site. 3020 2) Development shall be directed toward portions of parcels, or parcels under contiguous 3021 ownership, that are at the least risk of hazard in preference to lands with higher risk, 3022 unless determined to be infeasible in the GeoTechnical Report. 3023 3) The GeoTechnical Report shall incorporate methods to ensure that education about the 3024 hazard and any recommended buildable area for future landowners is provided. 3025 4) The applicable requirements of grading and construction permits for developments in 1 3026 hazardous areas must be included in the development proposal and GeoTechnical Report. DOC, 1 2/1/2008 INDEX 72 1 City of Yakima 15.27 CAO 1 3027 CHAPTER 15.27 3028 PART EIGHT 1 3029 CRITICAL AQUIFER RECHARGE AREAS (CARA) 3030 3031 Sections Defined: I 3032 15.27.800 Purpose and Intent 3033 15.27.801 Mapping 3034 15.27.802 Protection Approach I 3035 3036 15.27.800 Purpose and Intent • 3037 1) The Growth Management Act (RCW 36.70A) requires local jurisdictions to protect areas 1 3038 with a critical recharging effect on aquifers used for potable water, or areas where a 3039 drinking aquifers are vulnerable to contamination. These areas are referred to as Critical 3040 Aquifer Recharge Areas (CARA) in this section. 1 3041 2) Potable water is an essential life sustaining element and much of the City of Yakima's 3042 drinking water comes from groundwater supplies. Once groundwater is contaminated it • 3043 can be difficult and costly,to clean. In some cases, the quality of groundwater in an I 3044 aquifer is inextricably linked to its recharge area. 3045 3) The intent of this section is to: _ 3046 a. Preserve, protect, and conserve the City of Yakima's CARA from contamination; I 3047 b. Establish a protection approach that emphasizes the use of existing laws and 3048 regulations while minimizing the use of new regulations. 3049 4) It is not the intent of this ordinance to: I 3050 a. Regulate everyday activities (including the use of potentially hazardous 3051 - • substances that are used in accordance with State and Federal regulations and I 3052 label specifications); 3053 b. Enforce or prevent illegal activities; 3054 c. Regulate land uses that use or store small volumes of hazardous substances 1 3055 (including in -field agricultural chemical storage facilities, which do not require 3056 permits, or are already covered under existing state, federal, or county review 3057 processes and have detailed permit review); 1 3058 d. Establish additional review for septic systems, which are covered under existing 3059 City of Yakima review processes; 3060 e. Establish additional review for stormwater control, which is covered under 1 3061 existing review processes and has detailed permit review, or; 3062 f. Require review for uses that do not need building permits and /or zoning review. 3063 The above items are deemed to have small risks of CARA contamination or are beyond 1 3064 the development review system's ability to control. II 3065 3066 15.27.801 Mapping 1 3067 1) Mapping Methodology — The CARA is depicted in the map titled ``Critical Aquifer 3068 Recharge Areas of the City of Yakima" located within the City's 2006 Comprehensive 3069 Plan. The CARA map was developed through a geographic information system (GIS) I 3070 analysis using the methodology outlined in the Washington Department of Ecology 3071 "Guidance Document for the Establishment of Critical Aquifer Recharge Area 3072 Ordinances" (Publication #97 -30). The approximate location and extent of critical aquifer 1 }C INDEX 2/1/2008 73 1_! -_ City of Yakima 15.2 1 ty 15.27 CAO 3073 recharge areas are depicted on the above - mentioned ma and are to be used solely as a I g p p, Y 3074 guide for the City. The CARA map estimates areas of moderate, high, and extreme 3075 susceptibility of contamination, as well as, wellhead protection areas. In characterizing 1 3076 the hydrogeologic susceptibility of these recharge areas with regard to contamination, the 3077 following physical characteristics were utilized: 3078 a) Depth to ground water; 3079 b) Soil (texture, permeability, and contaminant attenuation properties); 3080 c) Geologic material permeability; 3081 d) Recharge (amount of water applied to the land surface, including precipitation and 3082 irrigation). 3083 3084 2) Wellhead Protection Areas - The CARA map includes those Wellhead Protection Areas 3085 for which the City of Yakima has maps. Wellhead Protection Areas are required for all 3086 Class A public water systems in the State of Washington. The detennination of a 3087 wellhead protection area is based upon the time of travel of a water particle from its 3088 source to the well. Water purveyors collect site - specific information to determine the 3089 susceptibility of the water source to surface sources of contamination. Water sources are 3090 ranked by the Washington State Department of Health with a high, moderate or low 1 3091 susceptibility to surface contamination. Wellhead protection areas are defined by the 3092 boundaries of the ten (10) year time of ground water travel, in accordance with WAC ' 3093 246 - 290 -135. For purposes of this chapter, all wellhead protection areas shall be 3094 considered highly susceptible. 3095 3096 15.27.802 Protection Approach 3097 1) Maps shall be used only as an informational resource to communicate with applicants 3098 regarding potential problems in meeting the applicable laws on a particular site. The I 3099 maps indicate that areas of high susceptibility tend to be located in valley bottoms and 3100 follow along floodplain and stream corridors. Extreme susceptibility locations are located 3101 largely within floodplains, and along streams and wetlands. 3102 2) Land uses are subject to many existing, federal, state, local, or tribal laws regarding the 3103 handling of substances that may contaminate CARAs. Disclosure, educational 3104 information, and coordination of existing laws during existing review processes can I 3105 accomplish the requirement to protect the CARA. Consequently, the City of Yakima's 3106 protection of the CARA shall be accomplished through normal project permit review 3107 under various Yakima Municipal Codes, especially the stream protection standards in 3108 Part Five Fish and Wildlife Habitat and the Stream Corridor System, including § 3109 15.27.508 Prohibited Uses, Title 11 Building Code, which provides detailed construction, 3110 use, and fire /life - safety standards for the storage and handling of dangerous and I 3111 hazardous substances to a greater extent than most existing state and federal laws. 3112 3) The Administrative Official shall develop and maintain a list of the relevant laws noted 3113 above. ThiS list shall be informational, and is intended to be used in coordination with 1 3114 development permit review. This list shall be periodically reviewed and updated so as to 3115 provide the most comprehensive list possible to inform project applicants of the 3116 requirements of other agencies. 1 ^ 1 n1.' 2 . %1i2008 INDEX 74 c� - ± __ 1 City of Yakima 15.27 CAO 1 3117 4) The Administrative Official shall also develop and maintain a table of land uses with the 3118 potential of being subject to the relevant laws noted above. The table shall be generated I 3119 and maintained using the intent stated in § 15.27.800(4) Purpose and Intent. 3120 5) The Building Official and Water /Irrigation Manager shall cooperatively develop 3121 questionnaires, to be filled out by new development permit applicants, which 1 3122 comprehensively establish the potential use, storage, and handling methods within the , 3123 project for substances that have the potential to contaminate groundwater. The 3124 questionnaires are intended to ensure full application of existing building and 1 3125 construction codes related to such substances in order to forestall new regulations. 3126 6) The Building Official and Water /Irrigation Manager shall develop technical assistance 3127 and information materials to assist landowners and developers with understanding and 1 3128 meeting relevant existing federal, state, and local laws relating to CARAs. 3129 3130 1 3131 3132 I 3133 • 3134 3135 3136 3137 3138 3139 3140 • 3141 1 3142 3143 3144 I 3145 • 3146 3147 1 3148 3149 3150 1 3151 3152 3153 1 3154 3155 3156 • 1 3157 • 3158 3159 1 3160 3161 3162 1 DO., INDEX z,iizoos ---- _ 75 C I City of Yakima 15.27 CAO 3163 1 3164 CITY OF YAKIMA 3165 CRITICAL AREAS ORDINANCE 1 3166 Appendix A 3167 Designated Type 2 Stream Corridors 3168 The following stream reaches. within Yakima County are designated critical areas under the City 3169 of Yakima's Critical Areas Ordinance. 3170 1. BACHELOR CREEK: From source at Ahtanum Creek (SEC13- 3171 TWP 12N -RGE 16 EWM) downstream to its 3172 mouth at Ahtanum Creek (SEC 1 -TWP 12N- 3173 RGE18E). 3174 3175 3. COTTONWOOD CANYON CREEK: From the south line of SEC32- TWP13N- 3176 RGE17E, downstream to mouth at Wide 3177 Hollow Creek (SEC36- TWP13N- RGE17E). 3178 3179 6. HATTON CREEK: From its source at Ahtanum Creek (SEC18- 3180 TWP12N- RGE17) downstream to its 3181 confluence with Ahtanum Creek (SEC18- 3182 TWP12N- RGE18E). 3183 3184 8. WIDE HOLLOW CREEK: From the east line of the SW1 /4 of the 3185 NW 1 /4 (SEC28 -TWP 13N -RGE 17E) 3186 downstream to the mouth at the Yakima 3187 River. 3188 3189 1 1 1 1 1 1 DOC, 1 INDEX 2/1/2008 76 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 EXHIBIT LIST CHAPTER H Maps EXHIBIT DOCUMENT DATE H -1 Maps 1 1 1 1 1 1 1 1 1 1 1 1 1 NM IIIII BM M G S , �.' -- r y ,N �1 1 • _ P — R 0 �'I Y RIVER RID - 1 s I w wl EIST. /r l- Illr CASTLEVALE RD m S --1 a ENt�LEWOOp AV f� �Ry6 "'' ` �, `46. ' M4 vs TERRACE HGff W :LINCOLNAVE ,� A, `. K \M pVP1 . UMMITVIEW AVE z w = q fP P rE 2 L ? YP �MPP� 0 , w W :. Y .2 TIErON DR I0 w w F o > c ( Q M r . CD co co 0 W NOB HILL BLVD co (o � A to > .� '. E N013 HILL BLVD! . ¢ w 7. Q i 41 rn * w E VIOLA AVE a 0 • o w 4 WMEADAVE E ��� v IER RD ¢ a cn i Y -- • .SPRING CREEK RD g 1 -W . • NAVE - WASH' ON AVE ^....1 COOLIDGE RD i IL P I OCCIDENTAL RD o z N PbNER ST VA 1. Y M 1 BLVD m AHTANUM RD I • \ �� —11--1 r-- -- •�- � -_ -- -- WAHTA aM RD I _ te Wetlands t -p A Ile Palustrine - - Yakima Urban Area ' � Yakima Urban Growth Area f — Comprehensive Plan I= Yakima City Limits Lacustrine Limnetic D 0 1.125 2.250 4 6.750 9,000 - Riverine Lower Perennial INDEX Map X -1 Feel 1111 Riverine Upper Perennial # 14 " ) Wetlands 11•11. ..111111 MI IIIIII1 MI 11.11111 11111 Mill MI MI 11.1 MI $111111 I•111 sib 1 • D���10 il , _�: U l/lll ll / .. /// r . . . ,,,__. FR RIVER RD if �'. / � ---a - _ W I • E I $T 6UTt�o Fa) . ' \ fJa "^. 1 ./. CASTLEVALE�RD.; .I _ / E___„.•'-''' F � n G-- u tU a &i z t1 ` ., N L.� Cif:. k qv ri t - F o w ¢ —_—...L...... >, ENGL.Ewo00 y n. M .! R � zi � - t .Z z, O� 2, m ._ 6 ` � EMy K 6 \‘'.A. co' ,TERRACE HGT QR z -' `W tlNCOLN AVE a' , ` Kt MP pV K � . E. _. SUMMIt'VIEW AVE Ld " •. W EvP ¢ ' i p ¢. yg o it c. TIETON DR • w w Wi a i =. � W ; RAdIFio AVE V ' F' t z Q, W.I. N U in Np, �' VttN08 HRl i c'.a.. _OW RD p / //',/,,‘,„ w _ . I - ¢ i iE NOB HILL BLV • s ir > i 6 i I. w , ��u, /� /� '. WME EMEAbAVE �� . ... ,,. ZIER RD ¢ m m^ p ... . , (7 W WASHINGTON AVE j CREE RD V✓ HINGTON AVE E WAS}tl TON AVE .3 ■ COOLIDGE RD 1 :� Priority Habitats and Wildlife Species ¢ w L— 4 Areas for the upper Yakima valley area F' ¢ . ' have been mapped based upon information OCCIDENTAL RD ip p `-\ Department of Wildlife, Priority Habitat provided by the Stale of Washington ii9 w w pIONEkR ST WV•4 EV MABL / / 1 I VQ A antl and Species Survey as compiled _ / � ul l \ K b the Stale Wildlife Office based upon ' actual field work and observation. N .AHTANUM RD _ _ _ _ _ _ total of 15 speci tern Was were stu hington dietl a im""' -'� 3 __ _ __ `'�`'- �� — - ' ""-"'"�'� WAH_TAN\ _ RD mapp in for �.__i ....�— — _ _ rn ; n onty those considered al State _ \ or Federal significa Disdosure of , , the specific animal associated with the , State Wildlife Office, for the protection of the endangered species. \ However, the upper valley of Yaldma was _ found to contain the following species: • Bald Eagle, Ferruginous Hawk. Golden Eagle, OOKIR \\ Great Blue Heron, Prone Falcon and the Ring- Necked Snake. Yakima q' - .1 Q Yakima City Limits City of Yakima Habitat Yakima Urban Area E t t ' I f, ammo Yak Urban Growth Area I� Habitat Area :f I I ,� ,.� Yakima Urban Growth Area �� 9 DOC. Comprehensive Plan � ` Roosting Areas INDEX o 1250 Z500 5000 7,500 10,000 Outside Urban Growth Area A Areas of Observed Presence a Map X -2 Feet Habitat a 1 i • !a r i ll R IVE R RD — - t • w . ' . . _ % i ' WI .FIST ,Oµ � i ", OASTLEVAI:ERD t 5 ' ( ,.. ^, \ - - - O� H . t o l w -1 a' w - • LE s �' Qy0 Z� i nk in - i _� w . z i, Z �'�`` . ,�, E ' p�K � P . m TERRACE, • SUMMINIEW AVE � W UNWbLN:. , `S- 0 �F �,�PK6�?.PJE o ce Z ..,_ p a z:P MP AJE Cr' • v Y en Z , Z C . - - -- -� -_i_., TIETON DR .0 w _ '\ W F 2 - W 'PACIFIC AVE "�, O ° U co to w W NOB HILL BLVD N� > i .W - a w E NOKHILL BLVD 1 WIDE HOLLOW RD x a � z co , x w ` ° N E VIOLA AVE m; t r A V) 1 w rn - 4� WMEADAVL - MEA•AV / RR• i co w - - o ', N + o • el ' J E WASHI - CAN AVE w COOLIDGE RD > I OCCIDENTAL RD o O 1 \ , ` ' w vi ,n FO4NEER ST li VALL" ALL BLVD co o co Add. w _. -..... --.__. -WAH7A l�RD M' Yakima c '_<< � - �i lip. I Yakima City Limits Streams Watebodies Yakima Urban Area ,- Pi ® Yakima Urban Growth Area Com rehensive Plan o , z,00 4 20 s e — - • Four Party Sewer Agreement DOC, Map X -3 I Fee` INDEX Streams & # ti 1 Waterbodies .— - -11111 --IND -AIMS , -.: �� —IIIIII —Jill" — - r ow r MS — I• r 1 ♦......01;.,,,,,,,,,,_ -� - J i.. x W iEI$ :F ♦. .Vlt ♦,''♦ ,4?� ♦♦ 4 40t . .\ . ♦. ♦� ♦+ . - - ''a., CASTLEVAL`E t � ty •4 � ♦��♦♦♦ ♦ 7, .. . NMI" W ENGL WOOp AVE y ov EIVGLt WOOD AVE rk' !'� m ► 47 ► `� / ♦ ♦ f • � . :: � ♦♦ ♦ � ♦� Z 3� l ya uKy0. ► • r C. ay�• ♦ ♦1t♦ f TS Dk • I `a t W LIPICOL'NAVE - ..4\K • ; \ 1 4 -- vE w' � V 46 . - % ♦ � ♦ � �� i c t" . �♦ •� ♦ ♦ • ♦ A ♦. ♦ ♦ ♦ ♦ t� UMMI tV IEWAV{= > ?. ♦ �'�. ♦ ♦ ♦ C ♦ ♦` ♦ ♦ ♦ ♦ < • ff ¢ t � ! J ! �tY P PE ar .b ■ ♦ ♦ ♦ Ir ♦ � ' �� ♦ ♦ ♦ �• i ♦ ♦ ♦ ♦ ♦� u f � 'A ♦ ► ♦f ♦ ♦ ♦ ♦ ♦ ♦1 z LLI • z T I TIETON DR f-- . ,RA4IITIt AVE 4 ‘' - •• t 4 . . %. :::' .•- 4::ts 4 : ' > I 4 .4 t 1 , i T, in pl s on , - tir , -n.e, • - . 4 ,41/4s, I 1. E 7,I - - ■/■ ■ ■ k ♦ ♦1 ,• ♦♦ ♦ ♦ ♦ ♦ 4 E LL BLVD I i h i . ' 1 / / / /� / ■■ r -� ` ♦ ♦ • ♦ ♦ ♦' ♦ ♦ ♦ W NOB HI` L 11111_ I 1 111 / /// ' 1 �, , � ! ♦� ♦�. • ♦ ♦ � 1. ♦ ♦ ♦ 1 II S II YI1, A ...4. 4. 4, .�4 _ r. I IYII nl 11g ■ ■ // `:Nt. i d NO HI BLV - N `S : ' ., • ♦fi b r Ill ♦ ♦ ., a ♦ s ♦ ♦ ♦ ♦� • 1 I ,__ 4 41111 111 . f 1� � '�'♦ ♦ ,1:•••∎•, .0' �.� � ��4 �'r •r _ : 1, 1 In' I lluul .. ♦0� ZIERR Q ` ■ ' � ' I , _ i gMEAb : 1.��� ∎9 . - D ■ N ♦ �. ♦ ♦ ♦ see r x - `� ,c;311 Q f j I �� 1 I L � I ► ♦ ♦. ♦ ♦♦ _ � W WASHINGTON AVE ' �♦ ► ♦ ♦ ♦ ♦� *♦ . _ - { '_i .. � ♦� 1 ♦ �t - r 1 w COOLIDGE RD' ' `' : ♦ _ _ - W ` HINGTON AV� ♦ •• -• • 4 '' J. • , i ♦ • ♦. • ` WASH! .. dN AVE ��� 4. ♦ ♦ If i ♦rte ♦ ♦ � !�A ♦A. > ui ♦ . �:� -� n ♦ ►IpNG�ER S ti; x i� ° � ►• �1 r►�♦ . • •' v' �- arrA•A. • 416. ♦ ♦ � ♦ ♦� •♦A. • • ` _ • AC BLVD t :: : • • . ♦� ♦ : ♦� ♦♦ 4 ■ • nAHT' RD �L e ♦`� 'C" ♦ ♦ ♦ I • >, ♦ \ , � 1 ♦ • „ . ♦� - wAHTA 1 RD i♦ � � ♦�. � ■ �• � . �:� ♦ 4 ♦j� � \ 1111 0 4 ' 4 � 0 � ? 1 ° ♦ ♦ ♦ i / i ■ ^®; Yakima Yakima Urban Growth Area Cit of Y t,!♦ ♦ �! FEMA 100 Year Floodplain Et Yakima Urban Area pl � ` � ��' 1 III1 , Rivers Comprehensive Plan \ _. Yakima City Limits Yakima Urban Growth Area DOC. 0 1,050 2.100 4,200 6.300 8,400 Outside Urban Growth Area INDEX Map X -4 (Feet Floodplains # - 1 Will , MIIII __11111111 --� —4111111 —i, --- —MI _A _ -11•1 MS — i 1 MI r • I. yo s F� N ili,' _ . R rillr illiihnilli"- 141111111.I.°1 N., � R Y � W .........1 .........1 ; RIVER RD e • 7• • 1 ,..\ F W I S E I S7 BU�EµF1ElD RD Lu CASTLEVALE RD w z EGST a ` Z O Z N ENGLEWOOD AVE R 'S" Z a � N w > Z OLS ENGLEWOOD AVE I t - k z F ', EM` K3F 46.• m TE•RACE HGTS DR Z a WLINCOLN AVE M 31i VD3� p, PNE N w SUMMITVIEW AVE w a' lK E 1M o ul a z x a Si a z Z [� < N PPVE 0 °4'1 t 4 w ~ z a z m *1,84 1M E �s7 w i P x Z P A .1 Y 2 2 N O T,, Q Z = 9Z ) -\ TIETON DR w DIVISION ST \� Z PACIFIC AVE . \ m F m ii 4 j W NOB HILL BLVD VV)N F o a y E NOB HILL BLVD ',._ \ x11 o n a x l S F fO E VIOLA AVE I. F. � m > o a a W MEAD AVE j m y F MEAD AVE ¢ , t a 1 x N z o Y N 0 W SHINGTON VE SPRING CREEK RD W WA HIN NA I , ;� E WASH .. ON AVE K . C OOLIDGE RD ENTAL RD A a �' O N Z W PIONEER S7 A. VD E \ AHTNUM RD i, i r M ill mieml W AHTANUM RD - ■ Yakima lliiii. Yakima City Limits _ High Risk - Landslide Yakima Urban Area �.. Comprehensive Plan MO '4 E► 'e_ i ll) ' �� � Yakima Urban Growth Area Intermediate Risk- Oversteepen Slop DOC p ME High Rick - Oversteepened Slopes INDEX 0 1,050 2.700 4.200 6.300 8,400 Rivers # Map X -5 Ree Geologic Hazards a — -ow -An _i _,ma _IM _BM _PM MN I N ■ I F R •• •0 p s� : .,. ' Rp RIVER Rd ►•�•�.� • ���� is ,t _, !�"" W Irt E!I ST �•�•�•�•�•�.� B �i i N. .t= bSTLEVA� RD - • •.. 4 • •. w MB � a EI�GLEWOODAVE E i ,..= y.y_..� a .,,.. W a ' ,_ f k �S • M4KOFR. m TE ACE HGTS D . _4 z W LINCOLN AVE R '>� ,pVE w �N� EIPKtNP o UMMINIEW AVE - �' - - , 1 ' Z ? W'tPK�M PV N w _ . IC { ° P N N J • a, TIETON T , V - tx 111 rte■ ` \ •,,, � N w T r 1,L > i,•• > i � I , w PAOI F l AVE • , ► • • ,� ED l co ' ill m ' _!- _ -- L.__hy W NOB HILL BLVD •,_ 9 �•���. • _ _ I VI --, N . NOB 7•••,:•, p n , ` - I 1�� > I� . . ,�` E VIO AVER .:40.4.4., < ca I W a j . v: –y- IN MEAD AVE MEAD AVE ■ ►••••,• 4 _ Q Mil OM MI= 1 ' , - - W WASHINGTON AVE • PRIN EK RD 0.••••••••••••• : :. N _ \• Wq GIN AVE • --- � _._ I ,,,•••r�•••♦ • - WWA3HINGTON AVE ',, Sail 0 1 —_ wCOOLIDGERD ►•••••••••••••♦ d awl miii aural OCOMENTALRD o �, ••••••••••••••••t ►• • ill CO MI a - .•••••••••••••• • 1 , • • ,•�•�•�•�•� PIONEERS W �"�.�: ^• Y M LVp ;rem ;cs mds maad+�� TN RD _: ♦•.J• co Ca��mC AHA ms ®tea ; �._® _- 1 thAMj•: �1p - - "MAN l fit, �• ii _ YP�r • • b tu �i � Yakima f ` , V Yakima City Limits ME Tieton Andesite Alluvium Deposits: ►�•�• High Vulnerability- Yakima Urban Area - f x ' ` 11 1 1 . High Susceptiblity High Susceptibility and Comprehensive Plan E + 1 Yakima Urban Growth Area Basalt Formations q potential cont t ` Contamination loading, base . 950 194,0 „- Upper Ellensburg Formation shallow aquii DEX Map X -7 i Fee Aquifer # , ( Charar_tarictirc MI M IIIIIII OM NM MI r MN I • MN M UM SW F __., .• ` � � `�� � - --- _ .J 6r06R6VVIC IRCORH6TIOM SCRYICfi ._:_., - = a r i Ity of Yakima .,, < _ „ I— ti' FEMA / Floodplains -- ' ._ -+ • ,{ y -.-- - - -a Floou darts - f LlV "�s�.i!� - 1 - .. I 1 f ' - m yea' _.,_..4._ T ,� 1 Ir- � Floo■ Rim ,_, . , • ' . ;ti ; ` � 01 �1 � it ` x -- a.�:� _ � , �r • 7 . 1! R7l=::i rRnn1l r ' F /4I Rams A 1 _ r il� I lltf�" Y�3iG ; i ..+, ' n l i t w nomt :t� J r ` y t - r' y . ll n Illt�ttr u1 tJ0l�� Illii '^ t . .}} � ,�� t . I' n t t I t 1111111 ... 1111111= i s ° , i I INII I �� tl � : riillt "� II I ■ �-Uw H 1� ii j•. cries ' .'. r ! - _ _-i! .i ' ^-„ (� 11011:. nn nt 1 111111311 -- — _ += � �1i : ulttir�tn .OS } - -.; .7i b tl . ltln NI 111 I .: .... r i • :I, �Il��n�u�ln�ii�il� �WYY� r 114/ r - -�~•� NII!!l�'�IIIItt1i111 I__ i . - n l j _ � These are not the official Ynn '�� -- - Ji ml - FEMA Floodplain Maps. -- - -_. �:_ r,. ;. atp L The official FEMA Floodplain — — 'j .•: ;. maps can be viewed at the ,, i� .--", a _ I r L F;; City or County Planning �_ I_ , r .:. C partments. _ F11 Departments. Vin ' 4 1 Parcel Lot lines are for visual display _ only. D o not use for legal purposes. O as 1 is 2 7_5 Lilo r 'ii t. 17 miles j L v dialibk r vir A . Yakim$ c ® ®V. Co16'N ■h 1l mq, was derl,etl tam Rlleral tlaeabase3 . the IND re °Fr r e s eno1v a ar,lr°tf, any arras. __ # H 1 - 1 Rol Gar: Z2, 313EtC OYF BAR 1 City of Yakima 1 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 EXHIBIT LIST 1 CHAPTER I 1 Notices ' EXHIBIT DOCUMENT DATE I -1 Notice of Critical Areas Ordinance Update Public Hearing 01 -11 -08 I -2 Parties of Record Notified 01 -11 -08 1 I -3 Affidavit of Mailing 01 -11 -08 I -4 Legal Notice and Confirmation E -mail 01 -11 -08 I -5 Press Release 01 -11 -08 1 I -6 Yakima City Council Notice of Public Hearing 1 -18 -08 I -7 Regional Planning Commission Agenda 01 -23 -08 1 1 1 1 1 1 1 1 ' - ,., DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT a, William R. Cook, Director Doug f faples, CEO, Code Admin. and Planning Manager Pnvision 129 lanni North g Di Second Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6183 e Fax (509) 575 -6105 1 Agenda ' Yakima Urban Area Regional Planning Commission Workshop Yakima City Hall Council Chambers Wednesday January 23, 2008 3:00 p.m. - 5:00 p.m. RPC Members: John Hodkinson - Chairman, Bernie Kline- Vice Chairman, Ted Marquis, Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen Planning Staff: Doug Maples, Bruce Benson, Vaughn McBride, Jeff Peters, Chris Wilson, Alice Klein, Joseph Calhoun, & Kevin Futrell, Rosalinda Ibarra Call to Order II. Approve the minutes of January 2, 2008 and January 9, 2008. ' III. Staff report and CAO opening statements. IV. Critical Area Ordinance Public Hearing V. Close Public Hearing VI. Deliberate on any and all comments, changes, modifications, and /or corrections. 1 VII. Vote on the CAO and provide staff instruction to bring back Findings of Fact for a recommendation to the Joint elected officials Public Hearing. VIII. Other Business ' IX. Adjournment Yakima DOG. 0.E Am= ertY INDEX a ` f www.ci.yakima.wa • as t 1 i;;4 1 YAKIMA CITY COUNCIL 1 NOTICE OF PUBLIC HEARING City of Yakima's Critical Areas Ordinance Update 1 NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public 1 hearing regarding the City of Yakima's Critical Areas Ordinance update. The public hearing will be held on Tuesday, February 19, 2008, at 7:00 p.m. in the Council Chambers at Yakima City Hall, 129 North 2nd Street, Yakima, WA. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2 Street, Yakima, Wa. 98901"; or, 2) E -mail your comments to ccouncil.ci.yakima.wa.us. Include in the e -mail subject line, "Critical Areas Ordinance. "Please also include your name and mailing address. Dated this 16th day of January, 2008. 111 Deborah Moore City Clerk 1 Publish once on Friday, January 18, 2008 Charge to Account Number 10952 1 1 1 1 1 1 DOO. 1 INDEX • 1 Press Release CITY OF YAKIMA PLANNING DIVISION January 11, 2008 YAKIMA URBAN AREA COMPREHENSIVE PLAN UPDATE ' PUBLIC HEARING NOTICE The Yakima Urban Area Regional Planning Commission (RPC) is commencing a public hearing necessary for the update of the City of Yakima's Critical Areas Ordinance. This update is ' required by Washington State's Growth Management Act. The City's Critical Area Ordinance is a land use document that provides protection of environmentally sensitive areas such as streams, wetlands, floodplains, critical aquifer recharge areas, fish and wildlife habitat, and geological ' hazardous areas. The ordinance also provides a basis for determining applicable development regulations and budget decisions related to future development of these protected sites. Draft copies of the Plan will be available for review at City Hall, the Yakima Public Library or the City of Yakima's Web Page one week in advance of the hearing listed below. The proposed public hearing will take place in the Yakima City Council chambers in City Hall, 129 N 2 " Street, on Wednesday, January 23, 2008, at 3:00 P.M.: ' Your participation at this public hearings is encouraged. For more information, please call Jeff Peters, Assistant Planner at (509) 575 -6163, or visit our planning website at http: / /www.ci.yakima.wa.us /services /planning. • • 1 1 . 1 1 • 1 1 1 • 1 1 DOG, INDEX 1 1 • Legal Notice 1 CITY OF YAKIMA PLANNING DIVISION January 11, 2008 YAKIMA URBAN AREA COMPREHENSIVE PLAN UPDATE PUBLIC HEARING NOTICE The Yakima Urban Area Regional Planning Commission (RPC) is commencing a public hearing necessary for the update of the City of Yakima's Critical Areas Ordinance. This update is required by Washington State's Growth Management Act. The City's Critical Area Ordinance is a land use document that provides protection of environmentally sensitive areas such as streams, wetlands, floodplains, critical aquifer recharge areas, fish and wildlife habitat, and geological hazardous areas. The ordinance also provides a basis for determining applicable development regulations and budget decisions related to future development of these protected sites. Draft copies of the Plan will be available for review at City Hall, the Yakima Public Library or the City of Yakima's Web Page one week in advance of the hearing listed below. The proposed public hearing will take place in the Yakima City Council chambers in City Hall, 129 N 2 Street, on Wednesday, January 23, 2008, at 3:00 P.M.: Your participation at this public hearings is encouraged. For more information, please call Jeff Peters, Assistant Planner at (509) 575 -6163, or visit our planning website at http: / /www.ci.yakima.wa.us /services /planning. Please publish on Friday, January 11, 2008. Send affidavit of publication and invoice to: City of Yakima, Planning Division 1 129 North 2 Street Yakima, WA 98902 1 1 1 1 1 1 1 000 INDEX 1 1 Re: Legal Notice: 2007 Critical Area Public Hearing 1-23-08. Publish on 1/11/08. Acct#1... Page 1 of 1 1 1 Ibarra, Rosalinda From: Legals [Iegals@yakirnaherald.corn] Sent: Thursday, January 10, 2008 2:28 PM To: lbarra, Rosalinda 1 Subject: Re: Legal Notice: 2007 Critical Area Public Hearing 1-23-08.Publish on 1/11/08. Acct#11002 This is scheduled for tomorrow. • 111 On 1/10/08 1:38 PM, "Ibarra, Rosalinda" <ribarra©ci.yakima.wa.us> wrote: Important publication! Can you please squeeze us in on short notice? Thank you so much! 1 Rosalinda Ibarra Planning Specialist City of Yakima Planning Division p: (509) 57 • ribarra@ci.yakima.wa.us 1 Simon Sizer I Legal/Obituary Clerk Yakima Herald-Republic Phone: 509-577-7740 Fax: 509-577-7766 • legals©yakimaherald.com 1 1 • • • DOO. INDE.X • 1/10/2008 1 1 AFFIDAVIT OF MAILING STATE OF WASHINGTON 1 CITY OF YAKIMA 1 Re: City of Yakima's Critical Areas Ordinance All City. I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing. A true 1 and correct copy of which is enclosed herewith; that said notice was addressed to the listed SEPA agencies and are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 11th 1 day of January , 2008. 1 That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. e . A A Rosalinda Ibarra 1 Planning Specialist 1 1 1 1 r v. INDEX # - J i !D-RG, SEPA Reviewer Corps Dept. of Natural Resources Mr. Greg Griffith r Box c -3755 713 Bowers Rd Div. of Archeol & Hist. Pres. PO Box 48343 tle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 'Sheila Ross Cascade Natural Gas Dept of Soc /Health Service WA State Attorney Gen. Office 701 S. 1 S ` Ave Capital Programs Ofc. Bldg #2 1433 Lakeside Ct. Ste102 ,Yakima, WA 98902 MS OB 23B Yakima, WA 98902 Olympia, WA 98504 Dept. of Health Ihamber of Commerce City of Union Gap 10 N 9 St. . Michelle Vazquez 1500 W. 4 Ave. St. 305 PO Box 3008 'akima, WA 98901 Spokane, WA 99204 Union Gap, WA 98903 Gary W. Pruitt l ept. of Transportation Tom McAvoy Clean Air Authority am Engineer Q -West 6 S. 2 " St., Room 1016 2809 Rudkin Road 8 S. 2 " Ave. Room 304 Yakima, WA 98901 'Union Gap, WA 98903 Yakima, WA 98902 , nvironental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer m 200 6 Ave. MS 623 128 North 2 " Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 1 FAA Yakima Co Health Dist Gwen Clear 200 W. Washington Art McKuen Dept of Ecology akima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 1 r. Steven Erickson Department of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section 128 N 2 " St. PO Box 47703 6111 Tieton Drive akima, WA 98901 - Olympia, WA 98504 -7703 Yakima, WA 98908 1/1r. Vern Redifer Chuck Hagerhjelm Pacific Power akima Co Pub. Services WA State Emergency Mgmt. Div. Mike Paulson 128 N 2 " St., 4 Floor Mitigation, Analysis & Planning Mgr 500 N. Keys Rd 'akima, WA 98901 Building 20 Yakima, WA 98901 Camp Murray, WA 98430 -5122 r. Bill Bailey Cultural Resources Program Dept. of CTED akima Cnty Dev. Serv. Ctr. Johnson Meninick M Growth Management Services 28 N. 2 "d St. 4 Floor Yakama Indian Nation PO Box 42525 akima, WA 98901 PO Box 151 Toppenish, WA 98948 Olympia, WA 98504-2525 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation akama Indian Nation YVCOG Environmental Protection Pro 110 Box 151 311 N. 4 Street STE 202 -' g. Toppenish, WA 98948 Yakima, WA 98901 0-,ID _ PO Box 151 y, Toppenish, WA 98948 1 Federal Aviation Administration Environmental Coordinator Mr. Doug Mayo Cayla Morgan, Airport Planner g Y o Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish, WA 98948 1 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm Worker Housing 3704 172n St. N.E. Suite K -12 Pb Box 151 1400 Summitview #203 1 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Soil Conservation Dist Donna J. Bunten Eric Bartrand 1 Critical Areas Coordinator Attn: Ray Wondercheck Dept. of Fisheries 1 606 Perry St Suite F D.O.E., Shorelands & EnvirOn. PO Box 47600 1701 S. 24` Ave Yakima, WA 98902 Olympia, WA 98504 -7600 Yakima, WA 98902 1 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor 1 Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 1 Yakima School District WV School District Attn: Ben Soria Yakima Greenway Foundation 111 S. 18` St. Attn: Peter Ansingh 104 N. 4 Ave 8902 Zier Road Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98908 1 Dept. of Archaeology & Historic Preservation 1 PO Box 48343 Olympia, WA 98504 -8343 1 1 1 1 1 1 `X ,, v ��" 2�_ 1 1 1 ity Legal Bill Cook Doug Maples Director, CED Planning & Code Admin. Mgr DECISIONS ONLY l oan Davenport P Carolyn Belles Mike Antijunti ,Traffic Engineering Codes Engineering 111 Cobabe Charlie Hines Sam Granato NDS Mgr Fire Chief Police Chief t inder / File /Mail Sandy Cox City Clerk ecisions Only Codes Decisions Only Decisions Only 1 1 1 1 1 1 1 1 1 1 i rDEX 1 1 1 CITY OF YAKIMA PLANNING DIVISION January 11, 2008 YAKIMA URBAN AREA COMPREHENSIVE PLAN UPDATE PUBLIC HEARING NOTICE The Yakima Urban Area Regional Planning Commission (RPC) is commencing a public hearing necessary for the update of the City of Yakima's Critical Areas Ordinance. This update is required by Washington State's Growth Management Act. The City's Critical Area Ordinance is a land use document that provides protection of environmentally sensitive areas such as streams, • wetlands, floodplains, critical aquifer recharge areas, fish and wildlife habitat, and geological hazardous areas. The ordinance also provides a basis for determining applicable development regulations and budget decisions related to future development of these protected sites. 1 Draft copies of the Plan will be available for review at City Hall, the Yakima Public Library or the City of Yakima's Web Page one week in advance of the hearing listed below. 1 The proposed public hearing will take place in the Yakima City Council chambers in City Hall, 129 N 2nd Street, on Wednesday, January 23, 2008, at 3:00 P.M.: 1 Your participation at this public hearings is encouraged. For more information, please call Jeff 1 Peters, Assistant Planner at (509) 575 -6163, or visit our planning website at http: / /www.ci.yakima.wa.us /services /planning. 1 1 1 1 1 1 DOS INDEX 1 City of Yakima 2007 Critical Areas Ordinance Update (CAO) UAZO EC #52 -07 1 EXHIBIT LIST CHAPTER J Yakima County Commissioners Requested Information EXHIBIT DOCUMENT DATE J -1 Comparison of City and County Critical Areas Ordinance 02 -04 -08 J -2 Letter to Yakima County Commissioners 02 -01 -08 1 1 • 1 o 1 1 1 1 1 • 1 1 1 . I F-g'4 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ��( -1 ° 'G l�h � 129 North Second Street ,. Yakima, Washington 98901 t1, f Phone: (509) 575 -6113 Fax (509) 576 -6792 A 4n William R. Cook, Director i 1 1 February 4, 2008 ' Yakima County Commissioners 128 North 2nd Street Yakima, Washington 98901 1 SUBJECT: Request for comparison of the City of Yakima's proposed Critical Areas Ordinance (CAO) and Yakima County's adopted CAO. 1 Dear Board of Yakima County Commissioners: Prior to the convening of the Joint Board on February 19, 2008, to consider the adoption of the proposed Yakima Urban Area Critical Area Ordinance, I would like to take the opportunity to explain the process, which we have used to get to where we are today. In early 2007, the City of Yakima planning staff obtained a draft copy of Yakima County's CAO and Yakima County's Review of Best Available Science For Inclusion in Critical Areas Ordinance Update, October 2006 documents and started review of the proposed documents. During initial review, staff removed all sections, uses, and regulations pertaining to those uses and environmental conditions, which the City did not have within its Urban Growth Area (such as Upland Wildlife Habitat's, Forest, and Agriculture). City staff removed and changed portions of ' the administration chapter to better reflect the review procedures of the City, and removed the enforcement and non - conforming chapters, as they already exist within the Urban Area Zoning Ordinance (UAZO). Most other changes that were done at this early stage of review involved removal of redundant information and grammar, syntax, and structure changes to make the document more streamlined and easier to read. On September 12, 2007, the Yakima Urban Area Regional Planning Commission started their public review of the modified County Critical Area Ordinance through a series of weekly/bi- weekly pubic workshops from the above date to October 31, 2007. During these workshops County Staff, members Dean Patterson, Environmental Manager, and Joel Fruidenthal of the ' Flood Control District participated in review and discussion of the various edits to the City document as co- advisors to the RPC. Their participation was very helpful. Following completion of the above workshops, City staff completed the RPC's requested changes and started the environmental review process issuing a Preliminary Determination of 1 Code Administration 575 -6121 • Engineering 575 -6111 • Neighborhood Services 575 -6101 • Planning 575 -6183 `J - 2 • 1 ® Page 2 February 1, 2008 Non - Significance on November 26, 2007, and requesting comments on the proposed draft document.. During the 20 -day comment period, four (4) comments were received from various agencies including the Yakima County Planning Department. These comments and the City of Yakima's response are contained in the "City of Yakima's Public & Agency Comment Matrix." Based upon received comments the City of Yakima Planning Division made revisions to the 1 draft CAO to address and satisfy the various commenting agencies and held a RPC meeting to review and approve the draft CAO and subsequent changes on January 23, 2008. 1 On January 30; 2008, the RPC approved and signed the CAO Findings of Fact and Recommendation to City Council. On January 31, 2008, the City of Yakima issued its Final Environmental Determination of Non - Significance and Incorporation of Existing Environmental Documents. Now in accordance with the past practices of City of Yakima and Yakima County the City of 1 Yakima is requesting a convening of the Joint Board for the date of February 19, 2008 to consider the adoption of the City of Yakima's proposed Critical Areas Ordinance and per Commissioner Elliot's request, the City of Yakima is formally transmitting to you the following documents: 1. The City of Yakima's proposed CAO (clean with no strike out underline or other 1 • annotation); 2. City of Yakima's Public & Agency Comment Matrix (showing the public & agency 1 comments received & City of Yakima response to the submitted comment); and 3. A document comparing the City of Yakima's proposed CAO and Yakima County's 1 adopted CAO, which was accomplished using the "Compare and Merge" function of Microsoft Word. Note: Docyunent 3 above highlights the City of Yakima's proposed CAO changes in RED. Yakima County's adopted CAO changes in VIOLET and things common - between the two as BLACK 1 Sincerely, William ook 1 Dir- • Community & Economic Development 1 City of Yakima DOC. 1 INDEX # j - 2 1