HomeMy WebLinkAboutOrdinance No. 0976Ordinance No. 976
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON CONCERNING THE 2019
SHORELINE MASTER PROGRAM PERIODIC REVIEW REQUIRED BY RCW 90.58.080(4)
AND WAC 173-26-090; AMENDING CERTAIN SECTIONS OF TITLE 20 OF THE MEDINA
MUNICIPAL CODE, INCLUDING SECTIONS 20.60, 20.62, 20.63, 20.64, 20.65, 20.66, AND
20.67; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the Shoreline Management Act, RCW Chapter 90.58 (SMA or Act) requires
the City of Medina (City) to develop and administer a Shoreline Master Program (SMP); and
WHEREAS, the City, through Ordinance No. 906, adopted a comprehensive SMP update
as required by RCW 90.58.080(2), which was effective as of April 14, 2014; and
WHEREAS, RCW 98.58.080(4) requires the City to periodically review and, if necessary,
revise the master program; and
WHEREAS, the review process is intended to bring the SMP into compliance with
requirements of the Act or state rules that have been added or changed since the last SMP
amendment, ensure the SMP remains consistent with amended comprehensive plans and
regulations, and incorporate amendments deemed necessary to reflect changed circumstances,
new information, or improved data; and
WHEREAS, the City applied for and obtained Grant #SEASMP-1719-Medina-00059 from
the Department of Ecology to assist in the SMP periodic review; and
WHEREAS, the City entered into a contract with The Watershed Company to help
facilitate the update; and
WHEREAS, the City developed a public participation program for this periodic review in
accordance with WAC 173-26-090(3)(a) to inform, involve, and encourage the participation of
interested persons and private entities, tribes, and applicable agencies having interests and
responsibilities relating to shorelines; and
WHEREAS, the City has followed its adopted public participation program including a
dedicated page on the City's website, agency representative and interested parties email list,
open house, and direct mail notices to all residents; and
WHEREAS, the City used Ecology's checklist of legislative and rule amendments to
review amendments to chapter 90.58 RCW and department guidelines that have occurred since
the master program was last amended, and determine if local amendments are needed to
maintain compliance in accordance with WAC 173-26-090(3)(b)(i); and
WHEREAS, the City reviewed changes to the City's comprehensive plan and development
regulations to determine if the shoreline master program policies and regulations remain
consistent with them in accordance with WAC 173-26-090(3)(b)(ii); and
WHERES, the City considered whether to incorporate any amendments needed to reflect
changed circumstances, new information or improved data in accordance with WAC 173-26-
090(3)(b)(iii); and
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Ordinance No. 976
WHEREAS, the City solicited comments on the draft proposal from the Department of
Ecology in accordance with WAC 173-26-100(5); and
WHEREAS, the City conducted a formal comment period in compliance with requirements
of WAC 173-26-104; and
WHEREAS the City published a legal ad in the Seattle Times on March 26, 2019 for a
public hearing before the Medina Planning Commission, to solicit and receive public testimony
regarding the proposed SMP updates in accordance with WAC 173-26-090(3)(c)(ii); and
WHEREAS, a State Environmental Policy Act (SEPA) environmental checklist was
prepared and a Determination of Non -Significance (DNS) was issued on April 5, 2019; and
WHEREAS, the City provided a Notice of Intent to Adopt to the Washington State
Department of Commerce in accordance with WAC 173-26-100(5) and received approval from
the Department of Commerce; and
WHEREAS, the Planning Commission reviewed and evaluated the SMP Periodic Review
updates over the course of two meetings, including an April 26, 2019 public hearing; and
WHEREAS, after due consideration of SMP updates, Staff recommendations, and public
testimony, the Planning Commission recommended approval of the proposed amendments and
forwarded the SMP updates to City Council for review on May 28, 2019; and
WHEREAS, the City Council published a legal notice in the Seattle Times on August 12,
2019 for a public hearing on August 26, 2019 before the City Council to solicit and receive
additional public testimony regarding the Planning Commission's recommendation on the
proposed SMP updates; and
WHEREAS, upon consideration of the record, the Planning Commission's
recommendation, and public comments, the City Council determined that the proposed SMP
amendments comply with all applicable laws and rules, including MMC 20.81.080; and
WHEREAS, this completes the City of Medina's required process for periodic SMA review
in accordance with RCW 90.58.080(4) and applicable state guidelines WAC 173-26.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council adopts the above recitals as findings in support of the
amendments set forth in this ordinance. The City Council further finds that the SMA/SMP review
and evaluation required by RCW 90.58.080(4) have occurred.
Section 2. Amendment to MMC 20.60.030. The Medina Municipal Code Section 20.60.030 is
hereby amended as follows:
20.60.030 Purpose.
The purpose of the shoreline master program is to:
A. Carry out the responsibilities imposed by the Act;
B. Promote the public health, safety and general welfare by guiding future development of
shoreline resources within the City; and
C. Comply with the Shoreline Master Program Guidelines set forth in Chapter 173-26 WAC: and
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Ordinance No. 976
D. Maximize habitat value while considering values of recreational activities and viewshed
opportunities.
Section 3. Amendment to MMC 20.60.060. The Medina Municipal Code Section 20.60.060 is
hereby amended as follows:
20.60.060 Administration.
A. All uses and development proposals within the shoreline area should be evaluated in terms
of the shoreline master program. All uses and development proposals, including those that
do not require a permit, must comply with the policies and regulations established by the Act
as expressed through the shoreline master program.
B. The Director is vested with responsibility for administering the shoreline master program
consistent with this shoreline master program and applicable provisions of the Act.
C. No development may be undertaken or is authorized unless it is consistent with the policies
and provisions of the shoreline master program and the Act.
D. Shoreline permits, and shoreline exemptions, shall be processed in accordance with this
chapter, the requirements set forth in Chapter 20.80 MMC, and the approval criteria specified
for shoreline permits set forth in Chapters 20.70 through 20.72 MMC.
1. Within five days of the final decision on a shoreline permit and/or any shoreline
variances or conditional use permits, the Director shall notify the following agencies and
persons of the final approval:
a. The applicant
b. Any person who has submitted written comments on the application: and
c. Any person who has requested notification in writing prior to final approval of
the permit.
2.The Director shall submit the shoreline permit to the state Department of Ecology by
return receipt requested mail pursuant to WAC 173-27-130.
3. No work may commence on a proiect requiring a shoreline substantial development,
shoreline variance, or shoreline conditional use permit until 21 days following the "date of
filing" or, if the permit is appealed, until all review proceedings before the shoreline
hearings board have terminated. For purposes of this Chapter, date of filing has the
following meanings:
a. "Date of filing" for a substantial development permit is the date of actual receipt
of the decision by the Department of Ecology.
b. "Date of filing" for a shoreline variance or shoreline conditional use permit shall
mean the date the permit decision rendered by the Department of Ecology is
transmitted by the department to the city and the awlicant/proponent.
c. "Date of filing" for a substantial development permit transmitted simultaneously
with a shoreline conditional use permit or variance, or both, has the same meaning
as subsection (b) of this section.
Section 4. Amendment to MMC 20.60. The Medina Municipal Code Chapter 20.60 is hereby
amended by the addition of new Section 20.60.110 — Moratoria authority and requirements:
20.60.110 Moratoria authority and requirements.
A. Pursuant to RCW 90.58.590, the city may adopt moratorium control or other interim
control.
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Ordinance No. 976
B. To adopt a moratorium control or other interim control, the city must:
1. Hold a public hearing on the date of adoption, or within sixty days of the date of adoption;
2. Adopt detailed findings of fact that include, but are not limited to justifications for the
proposed or adopted actions and explanations of the desired and likely outcomes:
3. Notify the department of the moratorium or control immediately after its adoption. The
notification must specify the time, place, and date of any public hearing required by this
subsection:
4. Provide that all lawfully existing uses, structures, or other development shall continue
to be deemed lawful conforming uses and may continue to be maintained, repaired, and
redeveloped, so long as the use is not expanded, under the terms of the land use and
shoreline rules and regulations in place at the time of the moratorium.
C. A moratorium or control adopted under this section may be effective for up to six months
if a detailed work plan for remedying the issues and circumstances necessitating the moratorium
or control is developed and made available for public review.
D. A moratorium or control may be renewed for two six-month periods if the local government
complies with subsection (B) above.
Section 5. Amendment to MMC 20.60.211. The Medina Municipal Code Section 20.60.211 is
hereby amended as follows:
20.60.211 "B" definitions.
A. "Beach Enhancements" means native materials and vegetation, and occasionally
combinations of other appropriate materials, used for stabilizinq the shoreline, and for aquatic
habitat restoration, or both. The enhancements may occur landward or waterward of the
Ordinary High Water Line.
B. "Bioengineering" means project designs or construction methods that use live woody
vegetation or a combination of live woody vegetation and specially developed natural or
synthetic materials to establish a complex root grid within the existing bank that is resistant to
erosion, provides bank stability, and maintains a healthy riparian environment with habitat
features important to fish life.
C. "Biotechnical engineering" means any technological application that uses biological systems,
living organisms, or derivatives thereof, to make or modify products or processes for specific
use. An example would be the use of cuttings to stabilize slopes and establish vegetation.
D. "Boathouse" means an overwater structure with walls and a roof designed for the storage of
boats, but does not include covered moorage.
E. "Boat launch" means graded slopes, slabs, pads, planks, or rails used for launching boats by
means of a trailer, hand, or mechanical device.
F. "Boat lift" means any lift for motorized boats, kayaks, canoes and jet skis; including floating
lifts that are designed to not contact the substrate of the Lake; ground -based lifts that are
designed to be in contact with or supported by the substrate of the Lake; and suspended lifts
that are designed to be affixed to the existing overwater structure with no parts contacting the
substrate.
G. "Breakwater" means a protective structure that is normally built offshore to provide protection
from wave action.
H. "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to
and near the ordinary high water line and/ or the ordinary high water mark consisting of
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Ordinance No. 976
concrete, timber, steel, rock, or other permanent material for the purpose of protecting
adjacent wetlands and uplands from waves and currents.
"Buoys" means a floating object anchored in water used to mark a location, warn of danger,
or indicate a navigational channel.
Section 6. Amendment to MMC 20.60.212. The Medina Municipal Code Section 20.60.212 is
hereby amended as follows:
20.60.212 "C" definitions.
A. "Canopy" means a cover installed as a component of a boatlift.
B. "Change in water regime" means the change in the prevailing pattern of water flow over a
given time. More specifically, it refers to the duration and timing of flooding resulting from
surface water, precipitation, and -ground water inflow.
C. "Clearing" means cutting, grubbing or removing vegetation or other organic plant material by
physical, mechanical, chemical or any other similar means. For the purpose of this definition
of clearing, cutting means the severing of the main trunk or stem of woody vegetation at any
point.
D. "Covered moorage" means any structure having a roof, but not walls, that are permitted
pursuant to MMC 20.65.100 to cover or shelter a moorage space or pier. This does not include
boatlifts with a translucent canopy attached to the lift as provided for under MMC 20.65.120.
E. "Covered moorage area" means the gross area of the roof of the covered moorage structure
projected on the surface or surfaces below.
F. "Critical Areas" means critical areas as defined in RCW 36.70A.030 and amendments thereto.
Section 7. Amendment to MMC 20.60.213. The Medina Municipal Code Section 20.60.213 is
hereby amended as follows:
20.60.213 I'D" definitions.
A. "Deck" means a structure attached to a wall of a building designated, established, and/ or
installed to provide outdoor living, cooking, and/ or recreation, some sides of which are open
and which may or may not have a permanent overhead covering.
B. "Development' means a use consisting of the construction or exterior alteration of structures;
dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulk heading;
driving of piling; placing of obstructions; or any project of a permanent or temporary nature
which interferes with the normal public use of the surface of the waters overlying lands subject
to the act at any stage of water level. Development does not include dismantling or removing
structures if there is no other associated development or redevelopment.
C. "Diameter breast height or DBH" means the diameter measurement in inches of the outside
bark of a tree trunk, measured at four and one-half feet above the surrounding existing ground
surface. The DBH for multi -trunk trees forking below the four and one-half foot mark is
determined by measuring the diameter of the tree trunk at the narrowest part of the main stem
below the tree fork. The DBH for multi -trunk trees splitting at ground level is determined by
taking the square root of the sum of all squared stem DBHs.
D. "Director" means the city manager or designee.
E. "Dock" means a structure that floats on the surface of the water, without piling supports, and
which may be attached to the shore or may be anchored to submerged land. Dock facilities
may include wharves, boat moorage, swimming, public access, and other activities that
require access to deep water.
F. "Dolphin" means a spar, buoy or piling used for mooring watercraft.
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Ordinance No. 976
G. "Dredging" means the removal, displacement, or disposal of unconsolidated earth material
such as sand, silt, gravel, or other submerged materials, from the bottom of water bodies,
ditches, or natural wetlands; maintenance dredging and/or support activities are included in
this definition.
H. "Drip line, tree" means the area directly located under the outer circumference of the tree
branches.
I. "Dwelling" means a living space or combination of rooms designed to provide independent
year-round living facilities for one family or household, including household staff and guest,
constructed to the minimum standards of the Building or HUD Code, and with provisions for
sleeping, eating and sanitation.
J. "Dwelling, multi -family" means a residential structure containing two or more dwellings.
K. "Dwelling, single-family" means a residential structure containing one dwelling.
Section 8. Amendment to MMC 20.60.221. The Medina Municipal Code Section 20.60.221 is
hereby amended as follows:
20.60.221 "L" definitions.
A. "Land division" means the division or re -division of land into lots, tracts, parcels, sites or
divisions for the purpose of sale, lease, or transfer of ownership.
B. "Land surface modification" means any movement or modification of earth material on any
site.
C. "Lot' means a measured piece of land having fixed boundaries and designated on a plot or
survey.
D. "Lot area" means the dry land area landward of the ordinary high water line.
E. "Lot area, net' means the lot area exclusive of the area of any vehicular private lane, vehicular
right-of-way, vehicular access easement, or any areas unbuildable due to the presence of
critical areas as defined in Chapter 20.67 MMC.
F. "Low impact development best management practices (LID BMPs)" means any one of several
distributed stormwater management practices, integrated in a site, that emphasize pre-
disturbance hydrologic processes of infiltration, filtration, storage, evaporation and
transpiration. LID BMPs include, but are not limited to: bioretention, rain -gardens, permeable
pavements, dispersion, and water re -use. Further information can be found in the stormwater
manual adopted under MMC 20.43.200.
Section 9. Amendment to MMC 20.60.227. The Medina Municipal Code Section 20.60.227 is
hereby amended as follows:
20.60.227 I'R" definitions.
A. "Reconstruction" as prescribed in MMC 20.66.090 means to undertake construction within
and/ or on an existing building or structure which has a valid construction permit with fair -
market construction costs greater than 60 percent of the replacement cost of the existing
building or structure being rebuilt. All project phases necessary to result in a habitable building
must be included. The construction cost shall be valid for a period beginning on the date of
permit issuance and ending 18 months after the date the permit is finalized by the City.
B. "Replacement cost" as prescribed in MMC 20.66.090 means the square footage of the
structure multiplied by local building costs per square foot, or a similar method of calculation.
C. "Repair" means to restore something broken or damaged to good condition.
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Ordinance No. 976
D. "Recreational uses" means facilities designed consistent with MMC 20.64.020 and used to
provide recreational opportunities to the public.
E. "Residential use" means development in which people sleep and prepare food, other than
developments used for transient occupancy. As used in the shoreline master program
residential development includes single-family development (known as detached dwelling
unit) and the creation of new residential lots through land division.
F. "Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading of
impaired ecological shoreline processes or functions. This may be accomplished through
measures including, but not limited to, re -vegetation, removal of intrusive shoreline structures and
removal or treatment of toxic materials. Restoration does not imply a requirement for returning
the shoreline area to aboriginal or pre -European settlement conditions.
G. "Replacement' means a new structure or development that is comparable to the original
structure or development including but not limited to its size, shape, configuration, location, and
external appearance, except that soft shore stabilization measures that provide restoration of
shoreline ecological functions and are replacing existing hard stabilization may be considered
replacement.
H. "Retaining wall" means a structure upland of the ordinary high water mark designed to support
soil at a steeper angle than the soil could stand on its own.
Section 10. Amendment to MMC 20.60.229. The Medina Municipal Code Section 20.60.229 is
hereby amended as follows:
20.60.229 "T" definitions.
A. "Tram" means an electrically driven transport vehicle that runs on rails, overhead cables, or
similar structure to move passengers and goods up and down a hillside.
B. "Toxic runoff' means water runoff from rain, melted snow, or irrigation that contains pollution,
dirt, and/or chemicals, that are deposited into ponds, lakes, waters, and underground sources
of drinking water.
Section 11. Amendment to MMC 20.62.020. The Medina Municipal Code Section 20.62.020 is
hereby amended as follows:
20.62.020 Permitted uses, prohibited uses.
Uses within the shoreline jurisdiction are subject to the following:
A. Uses listed with a uP" in Table 20.62.0430 are permitted, subject to a substantial development
permit or shoreline exemption;
B. Uses listed with a "CU" in Table 20.62.0430 are conditionally permitted, subject to approval
of a shoreline conditional use permit;
C. Uses listed with an "X" in Table 20.62.0430 are prohibited;
D. Uses not listed in the table, may be authorized as a conditional use provided the review criteria
in WAC 173-27-160, as hereafter amended, are satisfied;
E. Review procedures for deciding project permits are found in Chapters 20.70 through 20.72
MMC.
Section 12. Amendment to MMC 20.62. The Medina Municipal Code Chapter 20.62 is hereby
amended by the addition of new Section 20.62.030 — Developments not required to obtain
shoreline permits or local reviews.
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Ordinance No. 976
20.62.030 Developments not required to obtain shoreline permits or local reviews
Requirements to obtain a substantial development permit, conditional use permit, variance, letter
of exemption, or other review to implement the Shoreline Management Act do not apply to the
following, per WAC 173-27-044 and WAC 173-27-045:
A. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a
facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts a remedial action under
70.105D RCW.
B. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355,
any person installing site improvements for storm water treatment in an existing boatyard
facility to meet requirements of a national pollutant discharge elimination system storm water
general permit.
C. WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356
Washington State Department of Transportation proiects and activities meeting the conditions
of RCW 90.58.356 are not required to obtain a substantial development permit, conditional
use permit, variance, letter of exemption, or other local review.
D. Projects consistent with an environmental excellence program agreement Pursuant to RCW
90.58.045.
E. Projects authorized through the Energy Facility Site Evaluation Council process, Pursuant to
chapter 80.50 RCW.
Section 13. Amendment to MMC 20.62.030. The Medina Municipal Code Section 20.62.030 is
hereby amended as follows:
20.62.0430 Use table.
Table 20.62.0430 establishes those uses which are permitted, those uses requiring special
approval, and Those uses that are prohibited within each shoreline environment designation.
Table 20.62.0430 Shoreline Use Table*
C
0
Shoreline Use
t
0
0
= W
4)
D 0
C
Cr
4
CL
U)
C
US
0
U
Residential Use
Accessory dwelling unit
P
P
x
x
Accessory buildings/ uses lenated on the same
let as a single family dwelling GtheF than
sper.iftally listed in the table
P
P
x
x
Adult family home
P
P
x
x
Detached single-family dwelling
P
P
x
x
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Ordinance No. 976
Manufactured home
P
P
x
x
Multi -family dwellings (2 attached units or more)
x
x
x
x
Commercial Use
Accessory home business
P
P
x
x
Water -oriented uses other than specifically
x
x
x
x
listed in the table
Non -water -oriented uses other than specifically
x
x
x
x
listed in the table I
I
I
Industrial Uses
Water -oriented uses
x
x
x
x
Non -water -oriented uses
x
x
x
x
Transportation & Parking Uses
Parking facilities — primary
x
x
x
x
Parking facilities — accessory
Same as the primary use it supports
Local transportation including roads, bicycle and
pedestrian facilities related to permitted
P
P
x
P
shoreline activity
State transportation facilities including bridge
x
x
CU
CU
and associated support facilities
I
I
I
I
Utilities
Solid waste disposal, transfer sites, electrical
x
x
x
x
substations and similar primary utility facilities
Local public water, electrical, natural gas
distribution, public sewer collection, cable and
P
P
CU
P
telephone distribution, and associated
appurtenances
Alternative energy facilities - accessory to a
P
P
CU
P
permitted use
Wireless communication facilities
x
P
x
P
Resource Land
Agricultural activities -T
x
x
x
x
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Ordinance No. 976
Aquaculture other than those specifically listed
in the table
x
x
x
x
Aquaculture — accessory
P
P
P
P
Forest practices
x
x
x
x
Mining
x
x
x
x
Recreational Uses
Public parks and associated park improvements
(landward of the ordinary high water mark)
P
P
x
P
Public piers and docks
P
P
P
P
Public swimming beach and public recreational
uses
Any water -enjoyment recreational development
other than those specifically listed in the table
CU
CU
CU
CU
Non -water -oriented recreational development
x
x
x
x
Boating Uses & Facilities
Boat launch motorized/ non -motorized
x
CU
CU
CU
Boathouse
x
x
x
x
Buoys for vessel moorage
x
x
x
x
Buoys not for vessel moorage
P
P
P
P
Launching Rails
x
x
x
x
Marina (all)
x
x
x
x
Moorage, dock space, buoys and other facilities
for floatplanes and helicopters
x
x
x
x
Piers, docks, boat lifts, moorage pilings and
covered moorage
P
P
P
P
Temporary moorages used for vessels
supporting construction activity
P
P
P
P
Shoreline Modifications
Breakwaters/ jetties/ rock weirs/ groins
x
CU
CU
CU
Breakwaters/ jetties/ rock weirs/ groins used
with restoration activities
P
P
P
P
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Ordinance No. 976
Dredging for maintenance of existing private or
public moorage
P
P
P
P
Maintenance dredging of established navigation
channels and basins
P
P
P
P
Dredging establishing, expanding, or relocating
or reconfiguring navigation channels and basins
P
P
P
P
Dredging for fill material associated with MTCA
or CERCLA habitat restoration project
P
P
P
P
Dredging for fill material with other significant
habitat enhancement project
Cu
Cu
Cu
Cu
Dredging other than those specifically listed in
the table
X
X
X
X
Fill waterward of the ordinary high water mark
Cu
Cu
Cu
Cu
Fill waterward of the ordinary high water mark
which is part of an environmental restoration
plan or required mitigation
P
P
P
P
Land surface modification
P
P
P
P
Shoreline habitat and restoration activities
P
P
P
P
Shoreline stabilization
P
P
P
P
Miscellaneous Uses
Accessory noncommercial horticultural activities
P
P
X
P
City government facilities
CLI
P
X
P
Non -water -oriented uses other than those
specifically listed in the table
X
X
X
X
Scientific, historical, cultural, or educational
uses
P
P
P
P
Trams providing access in steep slope areas
P
P
X
P
Trams other than specifically listed in the table
X
X
X
X
*See explanation of "P", uCU" and "X" in MMC 20.62.020
Section 14. Amendment to MMC 20.63.030(C). The Medina Municipal Code Section
20.63.030(C) is hereby amended as follows:
C. The following structures are allowed to protrude into a shoreline setback provided the structure
is constructed and maintained in a manner where adverse impacts to shoreline ecological
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Ordinance No. 976
functions are avoided, or if that is not possible, the impacts are minimized and then mitigated
for, and applicable Low Impact Development BMPs are implemented:
Section 15. Amendment to MMC 20.63.050(A). The Medina Municipal Code Section
20.63.050(A)(2)(b) is hereby amended as follows:
b. Lot width is measured as the mean horizontal distance between the side lot lines where the
building envelope is located, except W8F9 where a lot is irregularly shaped (i.e. less than two
side lot lines) the lot width may be determined using lot lines corresponding to the longer
dimensions of the lot;
Section 16. Amendment to MMC 20.63. The Medina Municipal Code Chapter 20.63 is hereby
amended by the addition of new Section 20.63.060 — Shoreline restoration projects.
20.63.060 Shoreline restoration projects.
A. The City may grant relief from shoreline master Program development standards and use
regulations resulting from shoreline restoration proiects within urban growth areas consistent
with criteria and procedures in WAC 173-27-215. This may occur where a shoreline
restoration proiect creates a shift in the Ordinary High Water Mark, resulting in additional
hardship, new or extra reaulation.
Section 17. Amendment to MMC 20.63.030(A). The Medina Municipal Code Figure 20.63.030(A)
is hereby amended as follows:
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Ordinance No. 976
Figure 20.63.030(A):
Shoreline Setbacks
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Ordinance No. 976
Section 18. Amendment to MMC 20.64.010(E). The Medina Municipal Code Section
20.64.010(E) is hereby amended as follows:
E. Where a single lot has more than one detached single-family dwelling located within the
shoreline jurisdiction, each additional single-family dwelling within the shoreline jurisdiction
beyond the first single-family dwelling shall have a shoreline setback of at least 50 feet, or as
prescribed in MMC 20.63.030, whichever setback distance is greater.
Section 19. Amendment to MMC 20.64.070(E). The Medina Municipal Code Section
20.64.070(E) is hereby amended as follows:
E. Free-standing signs are prohibited, except one free-standing temporary sign may
be allowed;
Section 20. Amendment to MMC 20.65.120. The Medina Municipal Code Table 20.25.120 is
hereby amended as follows:
Table 20.65.120 Boatlift Dimensional & Design Standards
Description Dimensional & Design Standards
Location
Maximum distance waterward of the ordinary
Not more than 100 feet, except as allowed
high water line
pursuant to MMC 20.65.120 C 1
Not less than 30 feet and 9 feet of water depth,
Minimum distance waterward of the ordinary high
unless water depth is waived pursuant to MMC
water line
20.65.120 D 1
Three (3) freestanding or deck -mounted boatlifts
Maximum Number
and/ or jet ski lifts allowed per single-family
dwelling that share the pier or dock
Minimum Side Property Line Setback
Single property owner/ public facility
12 feet
Shared/ Joint -use facility where straddling a
common property line between the property
None
owners
Shared/ Joint -use facility where not straddling a
common property line between the property
12 feet
owners
Boatlift canopies
• Translucent materials
Canopy materials
• Canopy frame must be mounted and
attached to the boatlift, not to a platform piling
or pier
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Ordinance No. 976
Only one canopy can be installed per residential
Maximum number
overwater structure, excluding covered moorage
allowed ursuant to MMC 20.65.100
Maximum height of the canopy above the plane
of the ordinary high water line
16 feet
Minimum height of the lowest edge of the
canopy above the plane of the ordinary high
8 feet
water line
Other Standards
Must be clean rock or pre -cast concrete blocks
provided:
• The fill is necessary to anchor the boatlift;
Fill material
• Substrate prevents the embedment of
anchoring devices; and
• The quantity of fill material is the minimum
necessary to anchor the boatlift
Mitigation shall be provided GGR6;6t8Rt Wit
iNntAppr- left feFth in the Regional
FAitigatiGA set
Mitigation
when proposed
overwater boat lifts increase the existing
overwater footprint coverage.
Notes:
1 See MMC 20.65.040(D) for measuring distance
Section 21. Amendment to MMC 20.65.400. The Medina Municipal Code Section MMC
20.65.400 is hereby amended as follows:
20.65.400 Breakwaters, jetties, groins and weirs
A. Breakwaters, jetties, groins, and weirs
require a conditional use permit and shall be allowed only where necessary to support public
water -dependent uses, public access, other specific public purpose or restoration activities.
B. WheFe a WeakWateF, ` For public or private structures installed to protect
or restore shoreline ecological functions, the requirement for a conditional use permit is
waived.
C. Breakwaters, jetties, groins and weirs shall be designed to protect critical areas and shall
provide mitigation according to the mitigation sequencing defined in MMC 20.66.020.
Section 22. Amendment to MMC 20.66.040(C). The Medina Municipal Code Section MMC
20.66.040 (C)(2) is hereby amended as follows:
2. Use of environmentally friendly materials and techniques such as low impact development
BMPs-if feasible;
Section 23. Amendment to MMC 20.66.060(D). The Medina Municipal Code Section MMC
20.66.060(D) is hereby amended as follows:
Page 15 of 21
Ordinance No. 976
D. WheFe feasiMesShoreline development must implement- low impact development BMPs
terOhniques pui:swant te- the sta-RdaFds sentained in the adopted SuFfaGe WateF Design MaRi
and th ' . . . i DevelepmeRt T-eGhniGal Guid-ann-e A.4aAUaI feF PugetSewnd 9F suGGesse
Section 24. Amendment to MMC 20.67.020. The Medina Municipal Code Section MMC
20.67.020 is hereby amended as follows:
20.67.020 Shoreline critical areas - general provisions.
A. The requirements of this chapter do not extend beyond the shorelines jurisdiction limits
specified in the shoreline master program and the Act. For regulations addressing critical
areas and/ or their buffers that are outside of the shorelines jurisdiction, see Chapter 19.12
20.50 MMC.
B. This chapter shall not repeal, abrogate or impair any existing regulations. However, where
this chapter imposes greater restrictions, the requirements of this chapter shall prevail.
C. The critical areas regulations in this chapter apply as an overlay and in addition to zoning and
other regulations adopted by the City, except the critical areas regulations set forth in Chapter
48.12 20.50 MMC shall not apply.
D. Compliance with this chapter does not constitute compliance with other federal, state, and
local regulations and permit requirements that may be required (e.g., substantial development
permits, HPA permits, Army Corps of Engineers Section 404 permits, NPDES permits). The
applicant is responsible for complying with these requirements, apart from the requirements
established in this chapter.
E. Impacts to critical areas must be addressed through compliance with the policies and
regulations of the specific shoreline environment designation, the general shoreline
regulations found in Chapter 20.66 MMC, and the regulations of this chapter.
F. Variances to the strict requirements of this chapter shall not be granted, except through the
shoreline variance processes meeting the criteria set forth in WAC 183-27-170. The
Reasonable Use Exception set forth in MMC 18. 12.4 30 20.72.060 or 20.72.070, as applicable,
shall not apply to critical areas within the shoreline area.
Section 25. Amendment to MMC 20.67.040. The Medina Municipal Code Section MMC
20.67.040 is hereby amended as follows:
A. In addition to the definitions set forth in Chapter 20.60 MMC, the definitions set forth in Chapter
18.12 20.12 MMC, and adopted under Ordinance No. 744-969, shall be adopted as the
definitions applicable to critical areas within the shoreline jurisdiction.
B. If any definition in Chapter 19.12 20.52 MMC conflicts with provisions in the shoreline master
program, the shoreline master program shall prevail.
Section 26. Amendment to MMC 20.67.050(D). The Medina Municipal Code Section MMC
20-67.050(D)(7) is hereby amended as follows:
7. Construction plans should also include specifications and descriptions of:
a. Proposed construction sequence, timing, and duration;
b. Grading and excavation details;
c. Erosion and sediment control features;
Page 16 of 21
Ordinance No. 976
d. A planting plan specifying existing and proposed conditions, including plant species,
quantities, locations, size, spacing, and demonstrating compliance with the following
density standards: and density, vAth density stmAdmrdg RA fAlImUs-
L Forested conditions:
(1) Trees: Nine U9) feet on center, or 0.012 trees per square foot (this assumes
two- to five -gallon size) with at least 50 percent conifers;
(2) Shrubs: Six (6) feet on center, or 0.028 shrubs per square foot (this assumes
one- to two -gallon size); and
(3} Herbs and groundcovers: Four U feet on center, or 0.063 plants per square
foot (this assumes 10-inch plug or four -inch pot).
ii. Shrub conditions:
Shrubs: Five feet on center, or 0.04 shrubs per square foot (this assumes one -
to two -gallon size; and
Herbs and groundcovers: Four feet on center, or 0.063 plants per square foot
(this assumes 10-inch plug or four -inch pot).
iii. Emergent, herbaceous and/or ground -cover conditions:'
(1) Herbs and groundcovers: One foot on center, or one plant per square foot (this
assumes 10-inch plug or four -inch pot); or
(2) Herbs and groundcovers: 18 inches on center, or 0.444 plant per square foot
if area is supplemeAted by GVeF seeded4@-e� with native herbs, emergent or
graminoids as appropriate;
e. Measures to protect and maintain plants until established, including temporary or
permanent irrigation;
Section 27. Amendment to MMC 20.67.0701B). The Medina Municipal Code Section MMC
20.67.070(B) is hereby amended as follows:
B. Wetland ratings. Wetlands shall be rated according to the Washington Department of Ecology
wetland rating system for Western Washington (Ecology Publication #04-06-025.14-06-029,
or as revised and approved by Ecology). These documents contain the definitions and
methods for determining if the criteria below are met.
Section 28. Amendment to MMC 20.67.070(C). The Medina Municipal Code Table MMC
20.67.070(C) is hereby amended as follows:
Table 20.67.070(C) Wetland Categories
Category
Criteria for Designation
. Represent a unique or rare wetiand type;
• Are more sensitive to disturbance than most wetlands;
• Are relatively undisturbed and contain ecological attributes
Category I
that are impossible to replace within a human lifetime; or
• Provide a high level of functions.
• Score 78-point6-9F higher-23 to 27 points on the rating
system.
. Are not defined as Category I wetlands.
Category 11
• Are difficult, though not impossible, to replace;
. Provide high levels of some functions;
= Score 544e-%20 to 22 points on the rating system
Category III
9 Do not satisfy Category I or II criteria;
. Provide moderate levels of functions;
Page 17 of 21
Ordinance No. 976
* Score 20 tn 5016 to 19 points on the rating system.
• Do not satisfy Category 1, 11 or III criteria;
Category IV * Provide the lowest levels of functions;
• Often are heavily disturbed;
• Score fewekhan-309 to 15 points on the rating system.
Section 29. Amendment to MMC 20.67.070(E). The Medina Municipal Code Section MMC
20.67.070(E) is hereby amended as follows:
E. Wetlands — development standards.
1. Activities and uses shall be prohibited within wetland and wetland buffer areas, except as
provided for in these critical area regulations.
2. The following table contains wetland buffer widths:
Table 20.67.070(E)IQ Wetland Buffer Widths
Standafd BU#8F if Ra BU#9F if R
1AWIland Buffo Srerze *GoFe *nGludes Seer-9 *nG!u
Category tAfidtM 26- 20 Habotat 2-0- 26 Nab
RM
GateqeFy4 764eet 4064eet 465 feet 2254eet
Gatege" 744eet 105 feet 4664eet 2264eet
Gategep 664eet Nel 604set I as feet 4
Gate@GFy-W 404eet Net-Appkable Jet , tppkab4le . Not Appkable
Cate -gory
Standard Buffer Width
(Without minimization measures
Standard Buffer Width
(With minimization measures &
habitat corridor)
Habitat Score
Habitat Score
Low (3-5)
Moderate (6-7)
Hi 9)
Low (3-5)
Moderate Lq-Hi
Y1
h (8-9)
1
100
150
300
75
110
225
11
100
150
300
75
110
225
ill
80
150
300
60
110
225
ly
1 50
40
1. The width of the wetland buffer shall be determined according to Table 20.67.070(E)(2),
and shall be based on the wetland GateaeFy and habitat category, habitat score— and
presence of mitigation measures as outlined in Table 20.67.070(E)L4L
Noise 0 Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation plantings
adjacent to noise source
• For activities that -generate relatively continuous, potentially
Page 18 of 21
Ordinance No. 976
Disturbance
Re uired Measures to Minimize Im acts
an additional 10' heavily vegetated buffer strip immediately adjacent
to the outer wetland buffer
Toxic runoff
. Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered
• Establish covenants limiting use of pesticides within 150 feet of
wetland
• ADDIV integrated gest manaciement
Stormwater runoff
. Retrofit stormwater detention and treatment for roads and existing
adjacent development
• Prevent channelized flow from lawns that directly enters the buffer
• Use Low Intensity Development (LID) techniques where appropriate
for more information refer to the draina a ordinance and manual
Change in water
r, egime
. Infiltrate or treat, detain, and disperse into buffer new runoff from
impervious surfaces and new lawns
Pets and human
disturbance
. Use privacy fencing OR plant dense vegetation to delineate buffer
edge and to discourage disturbance using vegetation appropriate for
the ecoregion
• Place wetland and its buffer in a separate tract or protect with a
conservation easement
Dust
. Use best management oractices to control dust
54.Measurement of wetland buffers shall be from the outer edges of the wetland boundaries
as determined through the performance of a field investigation by a qualified professional
applying the wetlands identification and delineation pursuant to MMC 20.67.070(A) and
(B) and as surveyed in the field.
Section 30. Amendment to 20.67.070(F). The Medina Municipal Code Section MMC
20.67.070(F) is hereby amended as follows:
F. Wetland Buffer Reduction. The wetland buffer width in Table 20.67.070(E)Iamay be reduced
by up to a maximum of 25 percent provided:
Section 31. Submission to Department of Ecology. The Development Services Director or his
designee is directed to submit the SMP and associated documents to the Department of Ecology
for its review and approval. Once approved by the Department of Ecology, no further action is
necessary for compliance with RCW 90.58.080(4) for the periodic review update.
Section 32. Effective Date. The amendments to the SMP adopted through Ordinance 976 shall
be effective 14 days after Department of Ecology final action as provided by RCW 90.58.090(7).
Section 33. Severability. If any section, sentence, clause, or phrase of this ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or unconstitutionality of any other section, sentence,
clause, or phrase of this ordinance.
Section 34. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary clerical corrections to this ordinance including, but not limited to, the correction of
scrivener's/clerical errors, references, ordinance numbering, section/subsection numbering and
any references thereto.
Page 19 of 21
Ordinance No. 976
PASSED y the City Council of Medina and approved by the Mayor this 2 1' day of August 2019.
Cynthia �Ad s, Mayor
Attested to by: Approved as to form:
.0�
Aimee Kellerman„ City Clerk Scott Missal!, City Attorney
PUBLISHED -
EFFECTIVE DATE:
ORDINANCE NOS .: / A
Page 20 of 21
Ordinance No. 976
SUMMARY OF ORDINANCE NO. 91 (p
City of Medina, Washington
On the 261 day of August, 2019, the City Council of the City of Medina passed Ordinance No. 976
(2019). A summary of the content of said Ordinance, consisting of the title, is provided as follows:
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON CONCERNING THE 2019
SHORELINE MASTER PROGRAM PERIODIC REVIEW REQUIRED BY RCW 90.58.080(4)
AND WAC 173-26-090; AMENDING CERTAIN SECTIONS OF TITLE 20 OF THE MEDINA
MUNICIPAL CODE, INCLUDING SECTIONS 20.60, 20.62, 20.63, 20.64, 20.65, 20.66, AND 20.67
FOR CONSISTENCY WITH THE UPDATED SHORELINE MASTER PROGRAM; ADOPTING
LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE
The full text of this Ordinance will be mailed upon request.
ftlt(Y02- -V-ADAqr1rnAjyA
Aimee Kellerman, City Clerk
FILED WITH THE TOWN CLERK: Oiltp .2011'qt
PASSED BY � TOWN COUNCIL: 8I 201
PUBLISHED: 9111 �121 0j,
EFFECTIVE DATE: � 2a 201
ORDINANCE NO.:Cll1(261q)
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Ordinance No. 976