HomeMy WebLinkAboutOrdinance No. 0924
Ordinance No. 924 Page 1 of 19
Ordinance 924
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MEDINA, WASHINGTON, IN REGARDS TO THE GROWTH
MANAGEMENT ACT 2015 PERIODIC REVIEW AND UPDATES: (a) AMENDING
THE MEDINA COMPREHENSIVE PLAN; (b) REPEALING CHAPTER 18.12
OF THE MEDINA MUNICIPAL CODE (MMC) AND ADOPTING
CHAPTER 20.50 MMC UPDATING THE CRITICAL AREAS REGULATIONS;
AND (d) AMENDING CHAPTERS 20.12, 20.60 AND SECTION 20.83.055 MMC TO COMPLY
WITH THE GROWTH MANAGEMENT ACT
WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the
City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance
No. 783, passed March 14, 2005; and
WHEREAS, the Medina Comprehensive Plan was last amended by Ordinance No. 906
on April 14, 2013; and
WHEREAS, pursuant to RCW 36.70A.130(1), each comprehensive land use plan and
development regulations is subject to continuing review and evaluation and requires the City of
Medina to take legislative action to review and, if necessary, revise its comprehensive plan and
development regulations to ensure compliance with the Growth Management Act; and
WHEREAS, the schedule established by the Growth Management Act in RCW
36.70A.130(5) mandates the deadline for the City of Medina to comply with the updates
required by RCW 36.70A.130(1) as June 30, 2015, and every eight years thereafter; and
WHEREAS, the City of Medina is a built-out community constraint containing long-
established land use patterns that is distinguished by its low-density, high-value, single-family
residences and its proximity to Lake Washington; and
WHEREAS, the City maintains its own administrative, police and storm water services,
but uses outside agencies to provide such public services as water and sewer, utilities, and fire
protection; and
WHEREAS, the State Department of Commerce provided a “Periodic Update Checklist
for Cities” to guide cities through the update requirements and aide in developing a schedule;
and
WHEREAS, the City contracted with The Watershed Company to review the City’s
critical areas regulations set forth in Chapter 18.12 of the Medina Municipal Code for
consistency with best available science pursuant to RCW 36.70A.172; and
WHEREAS, The Watershed Company prepared a report Best Available Science and
Critical Areas Ordinance Review (June 14, 2014), listing the best available science applicable to
Medina’s critical areas and provided recommendations for updating the City’s critical areas
regulations consistent with best available science; and
Ordinance No. 924 Page 2 of 19
WHEREAS, the Washington State Department of Ecology approved the Medina
Shoreline Master Program adopted by the City Council under Ordinance No. 906 and containing
separate critical areas regulations that used the most current, accurate, and complete scientific
and technical information available pertaining to the shoreline jurisdiction; and
WHEREAS, the City desires to provide to the extent reasonable, consistency between
the critical areas regulations adopted under the Growth Management Act (Chapter 18.12 MMC)
and the critical areas regulations adopted under the Shoreline Management Act (Chapter 20.67
MMC); and
WHEREAS, the City coordinated with the Washington State Department of Ecology on
re-codifying and making minor non-substantive changes to shoreline critical areas definitions in
Chapter 18.12 MMC referenced by MMC 20.67.040 and recognizes that these definitions as
they read under Ordinance No. 906 will remain in effect until a shoreline master program code
amendment is adopted stating otherwise; and
WHEREAS, the City completed the “Periodic Update Checklists for Cities” to determine
which elements of the Comprehensive Plan would be reviewed and updated; and
WHEREAS, the City Council established a restructuring of the city’s development
regulations into a “Unified Development Code” under Ordinances No. 852, 853, 854, 855, 900
and 906, and moving the critical areas regulations to Title 20 of the Medina Municipal Code is
consistent with this restructuring; and
WHEREAS, the City Council wishes to make the minimum changes necessary to the
comprehensive plan and development regulations to meet the requirements set forth in RCW
36.70A.130(4) and the implementation of the “Unified Development Code”; and
WHEREAS, the City Council established a public participation program for the GMA
update process under RCW 36.70A.130(2) on June 9, 2014, and provided extensive public
participation opportunities consistent with this program as follows:
Provided a postcard notice sent to all resident addresses within the City limits on June
20, 2014, notifying residents of the comprehensive plan update and providing a review
schedule; and
The City posted information about the comprehensive plan updates on the Medina
website, which was referenced in the postcard notice;
The Planning Commission held meetings on January 28, March 25, April 22, May 27,
June 24, August 12, December 2, 2014, and January 22, February 24 and June 23,
2015, to discuss the “Periodic Update Checklists” and subsequent proposed
amendments to the comprehensive plan and development regulations where the public
was invited to provide comments on the process and the updates;
After providing a postcard notice to the community, posting notice on the City’s website
and sending notice by e-gov delivery to interested parties, the City held an open house
on March 11, 2015, to provide an opportunity to answer questions from the public about
proposed amendments; and
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Sent notification to state agencies and local jurisdictions on June 25, 2015, regarding the
comprehensive plan and development regulations, and environmental (SEPA) review;
After providing adequate public notice, the Planning Commission held a public hearing
on July 28, 2015, to receive public testimony on the proposed amendments, and after a
vote, forwarded a recommendation on amendments to the comprehensive plan and
development regulations to the City Council.
WHEREAS, in accordance with RCW 36.70A.106, a notice of intent was transmitted to
the Washington State Department of Commerce on June 25, 2015 (Material ID # 21374); and
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of
Nonsignificance (DNS) for the proposal was issued on June 26, 2015; and
WHEREAS, the city council received and discussed the Planning Commission’s
recommendations on the proposed comprehensive plan and development regulation
amendments at their regular meetings on August 10, September 14, and October 12, 2015; and
WHEREAS, after providing adequate public notices, the City Council held their own
public hearing on September 14, 2015, to receive public testimony on the proposed
comprehensive plan and development regulation amendments; and
WHEREAS, the City Council makes the following findings in support of its decision:
A. The State of Washington has mandated that the City of Medina review and, if
needed, revise its comprehensive plan and development regulations. The City
conducted its last periodic review and update in 2005.
B. The City is a built-out community with predominately low-density, single-family
residences. Only minimal change has occurred since 2005 and those changes have
come predominately in the form of re-development of existing lots with the same land
uses. These land uses have remained mostly unchanged since incorporation and
are anticipated to remain the same over the next 20 years. This is consistent with the
findings in the Final 2014 King County Buildable Lands Report, which shows the City
has had very little change in housing stock and that its growth targets and capacity
for additional housing units remain small.
C. The City completed a “Periodic Update Checklists for Cities” and determined updates
to the comprehensive plan and development regulations were necessary. The
checklist identified informational updates to the comprehensive plan and substantive
changes to meet best available science requirements for critical areas regulations
were required. The City prepared a “Critical Areas Gap Analysis” to identify
deficiencies in the critical areas regulations and the scientific information used in
updating the critical areas regulations.
D. The City of Medina has followed its adopted public participation program in
accordance with RCW 36.70A.130(2). Throughout the amendment process, the City
made a concerted effort to generate public involvement including a public open
house and invitation to the public to comment at planning commission meetings.
The planning commission held 10 public meetings where the comprehensive plan
was discussed. Extensive public noticing was made to notify and solicit input from
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the public sending notices to the entire community at the beginning of the update
process and again for the open house. Nearby jurisdictions and state agencies were
notified of the update process and have provided written comments that were
incorporated into the updates where appropriate.
E. The amendments serve the public interest by providing consistency with the goals
and requirements of the Growth Management Act as set forth in Chapter 36.70A
RCW.
WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the
analysis and proposed revisions forwarded by the Planning Commission, and the public
comments received, the city council finds and declares that the review and needed revisions
have been prepared in conformance with applicable law, including RCW 36.70A RCW, Chapter
43.21C RCW, and the Medina Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Amendment of the Comprehensive Plan. The Medina Comprehensive
Plan is amended to read as set forth in Attachment “A”.
Section 2. Repeal of Chapter 18.12 MMC. Chapter 18.12 of the Medina Municipal
Code is repealed in its entirety.
Section 3. Adoption of Chapter 20.50 MMC. Chapter 20.50 of the Medina Municipal
Code is adopted to read as set forth in Attachment “B”.
Section 4. Amend MMC 20.12.020. Section 20.12.020 of the Medina Municipal Code
is amended to read:
…
“Alter” or “alteration” means:
1. Any change, addition or modification in construction or occupancy.
2. When used with Chapter 20.50 MMC – any human-induced action which changes and/or
impacts the existing conditions of a critical area or buffer. Alterations include, but are not
limited to, grading, filling, dredging, draining, channelizing, cutting of trees, clearing
(vegetation), paving, construction, compaction, excavation, dumping, demolition, or any
other activity that changes the character of the critical area.
…
“Anadromous fish” means fish that spawn and rear in fresh water and mature in the marine
environment.
…
Section 5. Amend MMC 20.12.030. Section 20.12.030 of the Medina Municipal Code
is amended to read:
…
“Best available science” means current scientific information used in the process to designate,
protect, or restore critical areas, that are derived from a valid scientific process as defined by
WAC 365-195-900 through 365-195-925. Sources of best available science are included in
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“Citations of Recommended Sources of Best Available Science for Designating and Protecting
Critical Areas” published by the Washington State Department of Commerce.
“Best management practices” means conservation practices or systems of practices and
management measures that:
1. Control soil loss and reduce water quality degradation caused by high concentrations of
nutrients, animal waste, toxics, and sediment;
2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and
to the chemical, physical, and biological characteristics of streams and wetlands;
3. Protect trees and vegetation designated to be retained during and following site
construction; and
4. Provide standards for proper use of chemical herbicides within critical areas.
The city of Medina shall monitor the application of best management practices to ensure that
the standards and policies of this title are adhered to.
…
“Buffer” means an area contiguous to a critical area that is required for the continued protection,
maintenance, functioning, and/or structural stability of a critical area.
…
Section 6. Amend MMC 20.12.040. Section 20.12.040 of the Medina Municipal Code
is amended to read:
…
“Channel migration zone (CMZ)” means the lateral extent of active stream channel movement
over the past 100 years. Evidence of active movement over the 100-year time frame can be
inferred from aerial photos or from specific channel and valley bottom characteristics. A time
frame of 100 years was chosen because aerial photos, maps and field evidence can be used to
evaluate movement in this time. A CMZ is not typically present if the valley width is generally
less than two bank full widths, is confined by terraces, no current or historical aerial
photographic evidence exists of significant channel movement, and there is no field evidence of
secondary channels with recent scour from stream flow or progressive bank erosion at meander
bends. Areas separated from the active channel by legally existing artificial channel constraints
that limit bank erosion and channel avulsion without hydraulic connections shall not be
considered within the CMZ.
“Compensatory mitigation” means replacing project-induced critical area losses or impacts, and
includes, but is not limited to, the following:
1. Restoration. Actions performed to reestablish critical area functional characteristics and
processes that have been lost by alterations, activities, or catastrophic events within an area
that no longer meets the definition of a critical area.
2. Creation. Actions performed to intentionally establish a critical area at a site where it did not
formerly exist.
3. Enhancement. Actions performed to improve the condition of existing degraded critical
areas so that the functions they provide are of a higher quality.
…
“Critical Areas” means critical areas as defined in RCW 36.70A.030 and amendments thereto,
and this title.
…
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Section 7. Amend MMC 20.12.050. Section 20.12.050 of the Medina Municipal Code
is amended to read:
…
“Drainage facility” means the system of collecting, conveying and storing surface and storm
runoff. Drainage facilities shall include but not be limited to all surface and stormwater runoff
conveyance and containment facilities including streams, pipelines, channels, ditches, infiltration
facilities, retention/detention facilities, and other drainage structures and appurtenances.
…
Section 8. Amend MMC 20.12.060. Section 20.12.060 of the Medina Municipal Code
is amended to read:
…
“Emergent wetland” means a regulated wetland with at least 30 percent of the surface area
covered by erect, rooted, herbaceous vegetation extending above the water surface as the
uppermost vegetative strata.
…
“Erosion hazard areas” means at least those areas identified by the U.S. Department of
Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,”
“severe,” or “very severe” rill and inter-rill erosion hazard.
…
“Exotic” means any species of plants or animals which are foreign to the planning area.
…
Section 9. Amend MMC 20.12.070. Section 20.12.070 of the Medina Municipal Code
is amended to read:
…
“Family day care home” means a person who regularly providing provides child care and early
learning services during part of the 24-hour day to 10 12 or fewer children. Children include
both the provider's children, close relatives and other children irrespective of whether the
provider gets paid to care for them. They provide their services in the family living quarters of
the day care provider's home (including those of the provider) in the family abode of the person
or persons under whose direct care the children are placed.
…
“Fish and wildlife habitat conservation area” means land management for maintaining species in
suitable habitats within their natural geographic distribution so that isolated subpopulations are
not created as designated by WAC 365-190-130.
“Fish and wildlife habitat conservation” means areas that serve a critical role in sustaining
needed habitats and species for the functional integrity of the ecosystem, and which, if altered,
may reduce the likelihood that the species will persist over the long term. These areas may
include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat
or habitat elements including seasonal ranges, breeding habitat, winter range, and movement
corridors; and areas with high relative population density or species richness. These areas
include:
1. Areas with which state or federally designated endangered, threatened, and sensitive
species have a primary association;
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2. Habitats of local importance, including, but not limited to, areas designated as priority habitat
by the Department of Fish and Wildlife;
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide
fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in
order to mitigate impacts to ponds;
4. Waters of the state, including lakes, ponds, streams, inland waters, underground waters,
and all other surface waters and watercourses within the jurisdiction of the stat e of
Washington;
5. State natural area preserves and natural resource conservation areas; and
6. Land essential for preserving connections between habitat blocks and open spaces.
…
“Flood or flooding” means a general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland waters and/or the unusual and rapid
accumulation of runoff of surface waters from any source.
“Floodplain” is synonymous with one hundred-year flood plain and means that land area
susceptible to inundation with a one percent chance of being equaled or exceeded in any given
year.
…
“Forested wetland” means a regulated wetland with at least 30 percent of the surface area
covered by woody vegetation greater than 20 feet in height that is at least partially rooted within
the wetland.
“Functions and values” means the beneficial roles served by critical areas including, but not
limited to, water quality protection and enhancement; fish and wildlife habitat; food chain
support; flood storage, conveyance and attenuation; ground water recharge and discharge;
erosion control; wave attenuation; protection from hazards; historical, archaeological and
aesthetic value protection; and recreation. These beneficial roles are not listed in order of
priority.
Section 10. Amend MMC 20.12.080. Section 20.12.080 of the Medina Municipal Code
is amended to read:
…
“Geologically hazardous areas” means areas that may not be suited to development consistent
with public health, safety or environmental standards, because of their susceptibility to erosion,
sliding, earthquake, or other geologic events as designated by WAC 365-190-120. In the city of
Medina, types of geologically hazardous areas include erosion, landslide, and seismic hazards.
“Grading” means any excavation, filling, removal of topsoil, or any combination thereof.
“Ground water” means water in a saturated zone or stratum beneath the surface of land or a
surface water body.
“Growth Management Act” means Chapters 36.70A and 36.70B RCW, as amended.
Section 11. Amend MMC 20.12.090. Section 20.12.090 of the Medina Municipal Code
is amended to read:
“Habitat conservation areas” means areas designated as fish and wildlife habitat conservation
areas.
…
Ordinance No. 924 Page 8 of 19
“Hazard Areas” means areas designated as geologically hazardous areas due to potential for
erosion, landslide, seismic activity, or other geologic condition.
…
“Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish and
Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW.
“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing
season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be
determined following the methods described in the approved federal wetland delineation manual
and applicable regional supplements.
“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is
at least periodically deficient in oxygen as a result of excessive water content. The presence of
hydrophytic vegetation shall be determined following the methods described in the approved
federal wetland delineation manual and applicable regional supplements.
Section 12. Amend MMC 20.12.100. Section 20.12.100 of the Medina Municipal Code
is amended to read:
…
“Isolated wetland” means those wetlands that are outside of and not contiguous to any 100-year
floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic
vegetation between the wetland and any surface water.
Section 13. Adopt MMC 20.12.110. A new Section 20.12.110 of the Medina Municipal
Code to adopted to read:
20.12.110 “J” definitions.
“Joint Aquatic Resources Permit Application (JARPA)” means a single application form that may
be used to apply for shoreline management permits, approvals of exceedance of water quality
standards, water quality certifications, Coast Guard bridge permits, Department of Natural
Resources use authorization, and Army Corps of Engineers permits.
Section 14. Amend MMC 20.12.130. Section 20.12.130 of the Medina Municipal Code
is amended to read:
…
“Landslide hazard areas” means areas that are potentially subject to risk of mass movement
due to a combination of geologic, topographic, and hydrologic factors. These areas are typically
susceptible to landslides because of a combination of factors including bedrock, soil, slope
(gradient), slope aspect, geologic structure, ground water, hydrology, or other factors.
…
Section 15. Amend MMC 20.12.140. Section 20.12.140 of the Medina Municipal Code
is amended to read:
…
“Mitigation” means avoiding, minimizing or compensating for adverse critical areas impacts.
Mitigation, in the following order of preference, is:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
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2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation,
by using appropriate technology, or by taking affirmative steps, such as project redesign,
relocation, or timing, to avoid or reduce impacts;
3. Rectifying the impact to wetlands and habitat conservation areas by repairing, rehabilitating
or restoring the affected environment to the conditions existing at the time of the initiation of
the project;
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through
engineered or other methods;
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance
operations during the life of the action;
6. Compensating for the impact to wetlands and habitat conservation areas by replacing,
enhancing, or providing substitute resources or environments; and
7. Monitoring the hazard or other required mitigation and taking remedial action when
necessary.
Mitigation for individual actions may include a combination of the above measures.
…
Section 16. Amend MMC 20.12.150. Section 20.12.150 of the Medina Municipal Code
is amended to read:
“Native growth protection area (NGPA)” means an area where native vegetation is preserved for
the purpose of preventing harm to property and the environment, including, but not limited to,
controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting
plants and animal habitat.
“Native vegetation” means plant species that are indigenous to the area in question.
“Nonindigenous.” See “exotic.”
…
Section 17. Amend MMC 20.12.160. Section 20.12.160 of the Medina Municipal Code
is amended to read:
…
“Ordinary high water mark (OHWM)” means that mark which is found by examining the bed and
banks and ascertaining where the presence and action of waters are so common and usual,
and so long continued in all ordinary years, that the soil has a character distinct from that of the
abutting upland in respect to vegetation.
…
Section 18. Amend MMC 20.12.170. Section 20.12.170 of the Medina Municipal Code
is amended to read:
…
“Ponds” means areas of open water fed by springs, or fed by natural and enhanced drainage
ways, which are so intrinsically associated with a wetland, stream or natural watercourse as to
merit protection under the provisions of this chapter.
…
“Practical alternative” means an alternative that is available and capable of being carried out
after taking into consideration cost, existing technology, and logistics in light of overall project
purposes, and having fewer impacts to critical areas.
“Priority habitat” means habitat type or elements with unique or significant value to one or more
species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a
Ordinance No. 924 Page 10 of 19
unique vegetation type or dominant plant species, a described successional stage, or a specific
structural element. (WAC 173-26-020(28)).
…
Section 19. Adopt MMC 20.12.180. A new Section 20.12.180 of the Medina Municipal
Code is adopted to read:
20.12.180 “Q” definitions.
“Qualified professional” means a person with experience and training in the applicable critical
area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology,
engineering, environmental studies, fisheries, geomorphology or related field, and two years of
related work experience.
1. A qualified professional for streams and fish and wildlife habitat conservation areas or
wetlands must have a degree in biology or related field and relevant professional
experience.
2. A qualified professional for a geologic hazard must be a professional engineer or geologist,
licensed in the state of Washington.
Section 20. Amend MMC 20.12.190. Section 20.12.190 of the Medina Municipal Code
is amended to read:
…
“Restoration” means measures taken to restore an altered or damaged natural feature including:
1. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers
to the functioning condition that existed prior to an unauthorized alteration; and
2. Actions performed to reestablish structural and functional characteristics of the critical area
that have been lost by alteration, past management activities, or catastrophic events.
…
Section 21. Amend MMC 20.12.200. Section 20.12.200 of the Medina Municipal Code
is amended to read:
…
“Scrub-shrub wetland” means a regulated wetland with at least 30 percent of its surface area
covered by woody vegetation less than 20 feet in height as the uppermost strata.
…
“Seismic hazard areas” means areas that are subject to severe risk of damage as a result of
earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral
spreading, or surface faulting.
…
Sensitive Areas. See “critical areas.”
…
“Shorelands or shoreland areas” means those lands extending landward for 200 feet in all
directions as measured on a horizontal plane from the ordinary high water mark or floodways
and contiguous floodplain areas landward two hundred feet from such floodways; and all
wetlands and river deltas associated with the streams, lakes and tidal waters which are subject
Ordinance No. 924 Page 11 of 19
to the provisions of the Washington State Shoreline Management Act of 1971 and the City of
Medina Shoreline Master Program, Chapters 20.60 through 20.67 MMC.
“Shorelines” means all of the water areas of the state as defined in RCW 90.58.030, including
reservoirs and their associated shorelands, together with the lands underlying them except:
1. Shorelines of statewide significance;
2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20
cubic feet per second or less and the wetlands associated with such upstream segments;
and
3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small
lakes.
“Shorelines of statewide significance” means those areas defined in RCW 90.58.030 and limited
in the city of Medina to Lake Washington.
…
“Soil survey” means the most recent soil survey for the local area or county by the Na tional
Resources Conservation Service, U.S. Department of Agriculture.
…
“Species” means any group of animals classified as a species or subspecies as commonly
accepted by the scientific community.
“Species, endangered” means any fish or wildlife species or subspecies that is threatened with
extinction throughout all or a significant portion of its range and is listed by the state or federal
government as an endangered species.
“Species of local importance” means those species of local concern due to their population
status or their sensitivity to habitat manipulation, or that are game species.
“Species, priority” means any fish or wildlife species requiring protective measures and/or
management guidelines to ensure their persistence as genetically viable population levels as
classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive,
candidate and monitor species, and those of recreational, commercial, or tribal importance.
“Species, threatened” means any fish or wildlife species or subspecies that is likely to become
an endangered species within the foreseeable future throughout a significant portion of its range
without cooperative management or removal of threats, and is listed by the state or federal
government as a threatened species.
…
“Steep slope” means any area with a slope of 40 percent or steeper and with a vertical relief of
10 or more feet except areas composed of consolidated rock. A slope is delineated by
establishing its toe and top and measured by averaging the inclination over at least 10 feet of
vertical relief.
…
“Stream” means a course or route, formed by nature or modified by humans and generally
consisting of a channel with a bed, banks, or sides throughout substantially all its length, along
which surface waters, with some regularity (annually in the rainy season), naturally and normally
flow in draining from higher to lower lands. This definition does not include specially designed
irrigation and drainage ditches, grass-lined swales, canals, stormwater runoff devices, or other
courses unless they are used by salmonids or to convey watercourses that were naturally
occurring prior to construction.
Section 22. Amend MMC 20.12.240. Section 20.12.240 of the Medina Municipal Code
is amended to read:
Ordinance No. 924 Page 12 of 19
…
“Water-dependent” means a structure or use that cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations. A use that can be
carried out only on, in or adjacent to water because the use requires access to the waterbody
for waterborne transportation, recreation, energy production, or source of water.
…
“Wetland edge” means the boundary of a wetland as delineated based on the definitions
contained in this title.
“Wetland mitigation bank” means a site where wetlands are restored, created, enhanced, or, in
exceptional circumstances, preserved expressly for the purpose of providing compensatory
mitigation in advance of authorized impacts to similar resources (RCW 90.84.010(5)).
“Wetlands” means those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally in clude
swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway. Wetlands
may include those artificial wetlands intentionally created from non-wetland areas to mitigate the
conversion of wetlands. For identifying and delineating a regulated wetland, local government
shall use the approved federal wetland delineation manual and applicable regional
supplements.
Section 23. Amend MMC 20.60.210. Section 20.60.210 of the Medina Municipal Code
is amended to read:
…
“Alteration” means any human-induced action which changes and/or impacts the existing
conditions of a critical area or buffer. Alterations include, but are not limited to, grading, filling,
dredging, draining, channelizing, cutting of trees, clearing (vegetation), paving, construction,
compaction, excavation, dumping, demolition, or any other activity that changes the character of
the critical area.
“Anadromous fish” means fish that spawn and rear in fresh water and mature in the marine
environment.
“Applicant” means a person who files an application for permits who is either the owner of the
land on which that proposed activity would be located, a contract purchaser, or the authorized
agent of such a person.
…
Section 24. Amend MMC 20.60.211. Section 20.60.211 of the Medina Municipal Code
is amended to read:
“Best available science” means current scientific information used in the process to designate,
protect, or restore critical areas, that are derived from a valid scientific process as defined by
WAC 365-195-900 through 365-195-925. Sources of best available science are included in
“Citations of Recommended Sources of Best Available Science for Designating and Protecting
Critical Areas” published by the Washington State Department of Commerce.
“Best management practices” means conservation practices or systems of practices and
management measures that:
Ordinance No. 924 Page 13 of 19
1. Control soil loss and reduce water quality degradation caused by high concentrations of
nutrients, animal waste, toxics, and sediment;
2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and
to the chemical, physical, and biological characteristics of streams and wetlands;
3. Protect trees and vegetation designated to be retained during and following site
construction; and
4. Provide standards for proper use of chemical herbicides within critical areas.
The city of Medina shall monitor the application of best management practices to ensure that
the standards and policies of this title are adhered to.
…
“Buffer” means an area contiguous to a critical area that is required for the continued protection,
maintenance, functioning, and/or structural stability of a critical area.
…
Section 25. Amend MMC 20.60.212. Section 20.60.212 of the Medina Municipal Code
is amended to read:
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““Channel migration zone (CMZ)” means the lateral extent of active stream channel movement
over the past 100 years. Evidence of active movement over the 100-year time frame can be
inferred from aerial photos or from specific channel and valley bottom characteristics. A time
frame of 100 years was chosen because aerial photos, maps and field evidence can be used to
evaluate movement in this time. A CMZ is not typically present if the valley width is generally
less than two bank full widths, is confined by terraces, no current or historical aerial
photographic evidence exists of significant channel movement, and there is no field evidence of
secondary channels with recent scour from stream flow or progressive bank erosion at meander
bends. Areas separated from the active channel by legally existing artificial channel constraints
that limit bank erosion and channel avulsion without hydraulic connections shall not be
considered within the CMZ.
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“Compensatory mitigation” means replacing project-induced critical area losses or impacts, and
includes, but is not limited to, the following:
1. Restoration. Actions performed to reestablish critical area functional characteristics and
processes that have been lost by alterations, activities, or catastrophic events within an area
that no longer meets the definition of a critical area.
2. Creation. Actions performed to intentionally establish a critical area at a site where it did not
formerly exist.
3. Enhancement. Actions performed to improve the condition of existing degraded critical
areas so that the functions they provide are of a higher quality.
…
Section 26. Amend MMC 20.60.213. Section 20.60.213 of the Medina Municipal Code
is amended to read:
…
“Drainage facility” means the system of collecting, conveying and storing surface and storm
runoff. Drainage facilities shall include but not be limited to all surface and stormwater runoff
conveyance and containment facilities including streams, pipelines, channels, ditches, infiltration
facilities, retention/detention facilities, and other drainage structures and appurtenances.
…
Ordinance No. 924 Page 14 of 19
Section 27. Amend MMC 20.60.214. Section 20.60.214 of the Medina Municipal Code
is amended to read:
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“Emergent wetland” means a regulated wetland with at least 30 percent of the surface area
covered by erect, rooted, herbaceous vegetation extending above the water surface as the
uppermost vegetative strata.
“Erosion” means the process whereby wind, rain, water, and other natural agents mobilize and
transport particles.
“Erosion hazard areas” means at least those areas identified by the U.S. Department of
Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,”
“severe,” or “very severe” rill and inter-rill erosion hazard.
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“Exotic” means any species of plants or animals which are foreign to the planning area.
Section 28. Amend MMC 20.60.215. Section 20.60.215 of the Medina Municipal Code
is amended to read:
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“Fish and wildlife habitat conservation area” means land management for maintaining species in
suitable habitats within their natural geographic distribution so that isolated subpopulations are
not created as designated by WAC 365-190-130.
“Fish and wildlife habitat conservation” means areas that serve a critical role in sustaining
needed habitats and species for the functional integrity of the ecosystem, and which, if altered,
may reduce the likelihood that the species will persist over the long term. These areas may
include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat
or habitat elements including seasonal ranges, breeding habitat, winter range, and movement
corridors; and areas with high relative population density or species richness. These areas
include:
1. Areas with which state or federally designated endangered, threatened, and sensitive
species have a primary association;
2. Habitats of local importance, including, but not limited to, areas designated as priority habitat
by the Department of Fish and Wildlife;
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide
fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in
order to mitigate impacts to ponds;
4. Waters of the state, including lakes, ponds, streams, inland waters, underground waters,
and all other surface waters and watercourses within the jurisdiction of the state of
Washington;
5. State natural area preserves and natural resource conservation areas; and
6. Land essential for preserving connections between habitat blocks and open spaces.
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“Flood or flooding” means a general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland waters and/or the unusual and rapid
accumulation of runoff of surface waters from any source.
“Floodplain” is synonymous with one hundred-year flood plain and means that land area
susceptible to inundation with a one percent chance of being equaled or exceeded in any given
year.
Ordinance No. 924 Page 15 of 19
“Flood protection elevation” means the elevation that is one foot above the base flood elevation.
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“Forested wetland” means a regulated wetland with at least 30 percent of the surface area
covered by woody vegetation greater than 20 feet in height that is at least partially rooted within
the wetland.
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“Functions and values” means the beneficial roles served by critical areas including, but not
limited to, water quality protection and enhancement; fish and wildlife habitat; food chain
support; flood storage, conveyance and attenuation; ground water recharge and discharge;
erosion control; wave attenuation; protection from hazards; historical, archaeological and
aesthetic value protection; and recreation. These beneficial roles are not listed in order of
priority.
Section 29. Amend MMC 20.60.216. Section 20.60.216 of the Medina Municipal Code
is amended to read:
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“Geologically hazardous areas” means areas that may not be suited to development consistent
with public health, safety or environmental standards, because of their susceptibility to erosion,
sliding, earthquake, or other geologic events as designated by WAC 365-190-120. In the city of
Medina, types of geologically hazardous areas include erosion, landslide, and seismic hazards.
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“Ground water’ means water in a saturated zone or stratum beneath the surface of land or a
surface water body.
“Growth Management Act” means Chapters 36.70A RCW, as amended.
…
Section 30. Amend MMC 20.60.217. Section 20.60.217 of the Medina Municipal Code
is amended to read:
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“Habitat conservation areas” means areas designated as fish and wildlife habitat conservation
areas.
“Hazard Areas” means areas designated as geologically hazardous areas due to potential for
erosion, landslide, seismic activity, or other geologic condition.
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“Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish and
Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW.
“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing
season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be
determined following the methods described in the approved federal wetland delineation manual
and applicable regional supplements.
“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is
at least periodically deficient in oxygen as a result of excessive water content. The presence of
hydrophytic vegetation shall be determined following the methods described in the approved
federal wetland delineation manual and applicable regional supplements.
Ordinance No. 924 Page 16 of 19
Section 31. Amend MMC 20.60.218. Section 20.60.218 of the Medina Municipal Code
is amended to read:
…
“Isolated wetland” means those wetlands that are outside of and not contiguous to any 100-year
floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic
vegetation between the wetland and any surface water.
Section 32. Amend MMC 20.60.219. Section 20.60.219 of the Medina Municipal Code
is amended to read:
“Joint Aquatic Resource Permits Application (JARPA)” means a single application form that may
be used to apply for shoreline management permits, approvals of exceedance of water quality
standards, water quality certifications, Coast Guard bridge permits, Department of Natural
Resources use authorization, and Army Corps of Engineers permits.
…
Section 33. Amend MMC 20.60.221. Section 20.60.221 of the Medina Municipal Code
is amended to read:
…
“Landslide hazard areas” means areas that are potentially subject to risk of mass movement
due to a combination of geologic, topographic, and hydrologic factors. These areas are typically
susceptible to landslides because of a combination of factors including bedrock, soil, slope
(gradient), slope aspect, geologic structure, ground water, hydrology, or other factors.
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Section 34. Amend MMC 20.60.222. Section 20.60.222 of the Medina Municipal Code
is amended to read:
…
“Mitigation” means avoiding, minimizing or compensating for adverse critical areas impacts.
Mitigation, in the following order of preference, is:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation,
by using appropriate technology, or by taking affirmative steps, such as project redesign,
relocation, or timing, to avoid or reduce impacts;
3. Rectifying the impact to wetlands and habitat conservation areas by repairing, rehabilitating
or restoring the affected environment to the conditions existing at the time of the initiation of
the project;
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through
engineered or other methods;
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance
operations during the life of the action;
6. Compensating for the impact to wetlands and habitat conservation areas by replacing,
enhancing, or providing substitute resources or environments; and
7. Monitoring the hazard or other required mitigation and taking remedial action when
necessary.
Mitigation for individual actions may include a combination of the above measures.
…
Ordinance No. 924 Page 17 of 19
Section 35. Amend MMC 20.60.223. Section 20.60.223 of the Medina Municipal Code
is amended to read:
“Native growth protection area (NGPA)” means an area where native vegetation is preserved for
the purpose of preventing harm to property and the environment, including, but not limited to,
controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting
plants and animal habitat.
…
“Native vegetation” means plant species that are indigenous to the area in question.
…
“Nonindigenous.” See “exotic.”
Section 36. Amend MMC 20.60.225. Section 20.60.225 of the Medina Municipal Code
is amended to read:
“Ponds” means areas of open water fed by springs, or fed by natural and enhanced drainage
ways, which are so intrinsically associated with a wetland, stream or natural watercourse as to
merit protection under the provisions of this chapter.
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“Practical alternative” means an alternative that is available and capable of being carried out
after taking into consideration cost, existing technology, and logistics in light of overall project
purposes, and having fewer impacts to critical areas.
“Priority habitat” means habitat type or elements with unique or significant value to one or more
species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a
unique vegetation type or dominant plant species, a described successional stage, or a specific
structural element. (WAC 173-26-020(28)).
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Section 37. Amend MMC 20.60.227. Section 20.60.227 of the Medina Municipal Code
is amended to read:
…
“Restoration” means measures taken to restore an altered or damaged natural feature including:
1. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers
to the functioning condition that existed prior to an unauthorized alteration; and
2. Actions performed to reestablish structural and functional characteristics of the critical area
that have been lost by alteration, past management activities, or catastrophic events.
…
Section 38. Amend MMC 20.60.228. Section 20.60.228 of the Medina Municipal Code
is amended to read:
…
“Scrub-shrub wetland” means a regulated wetland with at least 30 percent of its surface area
covered by woody vegetation less than 20 feet in height as the uppermost strata.
“Seismic hazard areas” means areas that are subject to severe risk of damage as a result of
earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral
spreading, or surface faulting.
Ordinance No. 924 Page 18 of 19
“Sensitive Areas” means see “critical areas.”
“SEPA” means the Washington State Environmental Policy Act, Chapter 43.21C RCW.
…
“Soil survey” means the most recent soil survey for the local area or county by the National
Resources Conservation Service, U.S. Department of Agriculture.
“Species” means any group of animals classified as a species or subspecies as commonly
accepted by the scientific community.
“Species, endangered” means any fish or wildlife species or subspecies that is threatened with
extinction throughout all or a significant portion of its range and is listed by the state or federal
government as an endangered species.
“Species of local importance” means those species of local concern due to their population
status or their sensitivity to habitat manipulation, or that are game species.
“Species, priority” means any fish or wildlife species requiring protective measures and/or
management guidelines to ensure their persistence as genetically viable population levels as
classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive,
candidate and monitor species, and those of recreational, commercial, or tribal importance.
“Species, threatened” means any fish or wildlife species or subspecies that is likely to become
an endangered species within the foreseeable future throughout a significant portion of its range
without cooperative management or removal of threats, and is listed by the state or federal
government as a threatened species.
“Steep slope” means any area with a slope of 40 percent or steeper and with a vertical relief of
10 or more feet except areas composed of consolidated rock. A slope is delineated by
establishing its toe and top and measured by averaging the inclination over at least 10 feet of
vertical relief.
“Stream” means a course or route, formed by nature or modified by humans and generally
consisting of a channel with a bed, banks, or sides throughout substantially all its length, along
which surface waters, with some regularity (annually in the rainy season), naturally and normally
flow in draining from higher to lower lands. This definition does not include specially designed
irrigation and drainage ditches, grass-lined swales, canals, stormwater runoff devices, or other
courses unless they are used by salmonids or to convey watercourses that were naturally
occurring prior to construction.
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Section 39. Repeal MMC 20.67.040. Section 20.67.040 of the Medina Municipal Code
is repealed in its entirety.
Section 40. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or
federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining
portions of this ordinance or its application to other persons or circumstances.
Section 41. Effective Date. A summary of this ordinance shall be published in the official
newspaper of the City, and the ordinance shall take effect and be in full force five (5) days after the
date of publication.
Ordinance No. 924 Page 19 of 19
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 12th DAY
OF OCTOBER 2015.
Patrick Boyd, Mayor
Approved as to form: Attest:
Kathleen Haggard,City Attorney
Porter Foster Rorick LLP
Aimee Kellerman, City Clerk
Ordinance No. 924 B - 1
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