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HomeMy WebLinkAboutOrdinance No. 08861 of 15 City of Medina, Washington Ordinance No. 886 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON IN REGARD TO THE MEDINA SHORELINE MASTER PROGRAM: a) REPEALING THE EXISTING SHORELINE MASTER PROGRAM; b) ADOPTING A REVISED SHORELINE MASTER PROGRAM IN ACCORDANCE WITH RCW 90.58 AND WAC 173-26; c) ADOPTING CHAPTERS 20.60, 20.61, 20.62, 20.63, 20.64, 20.65, 20.66, 20.67 OF THE MEDINA MUNICIPAL CODE TO IMPLEMENT AND CODIFY THE REVISIONS TO THE SHORELINE MASTER PROGRAM; AND d) AMENDING THE MEDINA COMPREHENSIVE PLAN TO IMPLEMENT REVISIONS TO THE SHORELINE MASTER PROGRAM 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 City Council has adopted zoning regulations by Ordinance No. 16, passed December 5, 1955, and last amended by Ordinance No. 873, passed June 13, 2011; and WHEREAS, the City’s Shoreline Master Program was last adopted by Ordinance No. 304, passed January 13, 1975, and last amended by Ordinance No. 514, passed July 9, 1990; and WHEREAS, the State of Washington passed the Shoreline Management Act of 1971 governing the adoption of shoreline master programs, as currently set forth in Chapter 90.58 Revised Code of Washington (RCW), and subject to the Washington State Department of Ecology’s administrative rules contained within Chapter 173-26 of the Washington Administrative Code (WAC); and WHEREAS, in 2003, the Washington State Department of Ecology adopted new rules, pursuant to RCW 90.58.200, to carry out the provisions of the Shoreline Management Act; and WHEREAS, RCW 90.58.080 directs local governments to develop or amend their shoreline master programs to be consistent with the required elements of the new rules Shoreline Master Program Guidelines) adopted by the Washington State Department of Ecology; and WHEREAS, the City applied for, and obtained an SMA grant (No. G1000031) from the Washington State Department of Ecology in July 2009 to assist in the preparation and adoption of a shoreline master program consistent with the new guidelines; and WHEREAS, the City has provided extensive public participation opportunities as follows: Provided a postcard notice sent to all resident addresses within the City limits notifying residents of a shoreline master program open house that was held April 2 of 15 7, 2010, to kick-off the public involvement in updating the shoreline master program; and After advertising to the public to seek participants, created a citizen advisory committee to provide informal policy and regulatory recommendations in formulating draft goals, policies and regulations pertaining to the updating of the shoreline master program; and The citizen advisory committee held meetings that were advertised and open to the public on January 12, February 9, March 9 and 16, April 13 and 20, and August 17, 2011, and during these meetings considered written comments received from the public in developing an updated shoreline master program; and The Planning Commission received and considered the recommendations of the citizen advisory committee and also received and considered public comments received during their February 16, March 22, April 26, May 24, June 28, July 26, August 30, September 28, October 26, November 28, December 28, 2011, meetings and their January 24 and February 28, 2012 meetings; and Notice for the citizen advisory committee meetings and the Planning Commission meetings were posted on the City’s website, posted on the City’s notice boards located at City Hall, Medina Post Office, and Medina Park, and was sent electronically by the City’s e-gov delivery system to individuals who subscribed to receive such notices; and Provided a postcard notice sent to all resident addresses within the City limits notifying residents of an opportunity to comment on the draft goals and policies used to update the shoreline master program regulations; and Provided a postcard notice sent to all addresses within the City limits notifying residents of an open house and public hearing before the Planning Commission with the notice; notice was also posted on the City’s website and notice boards, and sent electronically by the City’s e-gov delivery system to individuals who subscribed to receive such notices; The City held a Shoreline Master Program open house on March 14, 2012, to provide an opportunity to answer questions from the public about the draft shoreline master program; and WHEREAS, in accordance with WAC 173-26-100 and RCW 36.70A.106, a notice of intent was transmitted to the Washington State Department of Commerce and the Washington State Department of Ecology on March 5, 2012; and WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of Nonsignificance (DNS) for the proposal was issued on March 9, 2012, pursuant to WAC 197-11-340(2); and WHEREAS, the Planning Commission, after providing proper legal notice, held a public hearing on March 27, 2012, and forwarded a recommended Shoreline Master Program to the City Council on April 9, 2012; and 3 of 15 WHEREAS, legal notice of the City Council’s public hearing was published in The Seattle Times on April 30, 2012; and WHEREAS, the City Council held a public hearing on May 14, and June 12, 2012, to consider the Planning Commission’s recommended Shoreline Master Program; and WHEREAS, the City Council considered the Planning Commission’s recommendation, public comments, and other available information; and WHEREAS, the City Council makes the following findings in support of its decision: A. A SEPA threshold determination of Nonsignificance was issued on March 9, 2012. B. The City provided extensive opportunity for the public to participate in the planning process. Throughout the shoreline master program process, the City made a concerted effort to generate public involvement including two public open houses and the formation of a citizen advisory committee. Extensive public noticing was made to notify and solicit input from the public sending notices to the entire community three different times. The citizen advisory committee and the Planning Commission held 20 public meetings, plus a public hearing in developing an updated Shoreline Master Program. In addition, the City Council held a public hearing and provided opportunity for the public to provide additional input. C. The state shoreline guidelines pursuant to WAC 173-26-171(3) “allow local governments substantial discretion to adopt master program reflecting local circumstances and other local regulatory and non-regulatory program related to the policy goals of Shoreline Management…” Public comments exhibiting a desire to protect property rights while meeting the requirements of the Department of Ecology Shoreline Master Program Guidelines were received throughout the planning process. This reflected a desire for planning efforts to reflect local circumstances in the updated Shoreline Master Program. D. The City used the most current, accurate, and complete scientific and technical information available, which was incorporated into the Shoreline Analysis Report, and gathered subsequent to the Shoreline Analysis Report, to develop the proposed updated Shoreline Master Program. E. One standard mandated by the state shoreline guidelines is to find that the program, in total, will result in no net loss of shoreline ecological functions necessary to sustain shoreline resources. A Cumulative Impact Analysis has been prepared and concluded that the updated shoreline program should protect and improve shoreline jurisdiction within the City of Medina, while accommodating reasonably foreseeable future shoreline development, resulting in no net loss of shoreline ecological function, and should improve ecological functions over time. 4 of 15 F. The City reviewed the proposed updated Shoreline Master Program for consistency with the Medina Comprehensive Plan. The goals and polices set forth in the comprehensive plan reflect a community that is built-out with very limited opportunities for growth and a character that is predominately low- density single-family residential development. The updated Shoreline Master Program is consistent with the goals and policies of the Medina Comprehensive Plan that preserve this character. G. The proposal serves the public interest by balancing the protection of the shoreline environment with the protection of private property rights. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Adoption and Codification of the Shoreline Master Program. A new Shoreline Master Program is adopted and codified in Chapters 20.60 through 20.67 of the Medina Municipal Code as set forth in Attachment “A”. Section 2. Repeal of current Shoreline Master Program. Ordinance No. 304, passed January 13, 1975, Ordinance No. 514, passed July 9, 1990, and Ordinance No. 662, passed July 12, 1999 are repealed in their entirety. Section 3. Amendment of the Comprehensive Plan. Shoreline Management Sub-Element 2.1 of the Medina Comprehensive Plan is amended to read as set forth in Attachment “B”. Section 4. Amend MMC 1.15.030. Section 1.15.030 of the Medina Municipal Code is amended to read: This chapter applies to any violations of: A. Title 17 MMC, Zoning; B. Chapter 8.04 MMC, Nuisances; C. Chapter 8.06 MMC, Noise; D. Chapter 12.08 MMC, Construction in Streets; E. Chapter 12.28 MMC, Tree Code; F. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights-of-Way; G. Chapter 14.12 MMC, Site Plan Review; H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities; I. ((Chapter 18.08 MMC, Shoreline Management Master Program; J.)) Chapter 18.12 MMC, Critical Areas; K.)) J. Chapter 20.40 MMC, Building Codes; L.)) K. Chapter 20.44 MMC, Minimum Maintenance Standards for Vacant Residences and Abandoned Construction Sites; and L. Chapters 20.60 through 20.67 MMC, Shoreline Master Program M. Other Medina Municipal Code sections that make reference to this chapter. Section 5. Amend MMC 12.28.090. Section 12.28.090 of the Medina Municipal Code is amended to read: Tree removal and land surface modifications within the shoreline jurisdiction shall be consistent with the requirements of this chapter and pursuant to the City’s shoreline 5 of 15 master program set forth in Chapters 20.60 through 20.67 MMC. ((for property within 50 feet from the ordinary high water mark of the Lake Washington shoreline shall include a shoreline restoration plan for review and approval by the city landscape consultant and city engineer. The restoration plan shall be designed to stabilize soil surfaces, filter run- off (especially lawns), and provide shade to the near shore within two years of planting. Refer also to the Washington State Shoreline Management Act and the city of Medina shoreline master program. Tree removal, pruning and construction are also subject to the Bald Eagle Protection Act and the Federal Endangered Species Act, where applicable.))) Section 6. Amend MMC 17.12.010. Section 17.12.010 of the Medina Municipal Code is amended to read: A. Generally. For the purpose of this title, the following terms shall have the meanings indicated in this chapter unless the context clearly indicates a different meaning. B. Other Definitions. When any word used in this chapter is not specifically defined herein, its definition shall be that in Webster’s New Collegiate Dictionary of the English Language and where more than one definition is given, the most common or appropriate nonprofessional usage shall govern. Accessory dwelling unit” means a dwelling unit subordinate to a single-family dwelling unit which: 1. Is located within the single-family dwelling unit; or 2. Is located within an accessory building as defined by MMC 17.48.010. Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting the standards provided for by law RCW 70.128.010). Alter” or “alteration” means any change, addition or modification in construction or occupancy. Arbor, bower, trellis” means light, open, garden-type structures composed of vertical and/or horizontal elements without a room which may or may not attach to a building which is designed, established and installed as a part of the landscape of the building site. Berm” means a manmade earthen or other type of mound erected to provide a visual interest, visual screening and/or decrease noise. Boathouse” means any structure having a roof and walls erected over moorage, docks or storage facilities for the weather protection of boats. Buildable area” means the area of the building site contained within the setback limits where buildings or structures may be placed. Building” means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or property. Building, Accessory. “Accessory building” means any building, other than primary, in which an accessory use is located. Building envelope” means the space defined by the vertical, horizontal and mixed planes of an existing structure, including that portion of the structure which is at or under the ground. Building official” means the officer charged with the administration of matters regulated by the building related codes of the jurisdiction. 6 of 15 Building, Primary. “Primary building” means any building occupied by the primary permitted use of the zone in which the building is located. Building site centerline” means a line midway between the side lot lines of a building site. Building site front line” means, unless otherwise set forth in this title, the property line contiguous with the street right-of-way. Building Site, Legal. “Legal building site” means a single parcel of land under single ownership and control and otherwise qualified as a building site under regulations of the city which, at the time of filing for a building permit is designated by its owners or developers as the site to be used, developed or built upon as a unit. Building site of record” means a parcel of land qualified as a legal building site by virtue of plats, short plats, lot line adjustments, lot size and frontage exceptions of this title or variance granted by the board of adjustment of the city. Building site rear line” means, unless otherwise set forth in this title, any lot line other than a street line which is parallel to the front site line, or within 45 degrees of being parallel to the front site line. Building site side line” means any lot line which is not a front or rear site line. Bulk regulations” means regulations relating to the minimum area of the building site, front and rear yards, height of buildings and site coverage. Centerline of a building site” means a line midpoint between the side property lines. Where the side property lines diverge or converge, the centerline shall be the line bisecting the angle formed by extending the side property lines to the point of intersection. (See Exhibit at the end of this section.) Cost of construction (including maintenance and repairs)” means the true value in the open market of all work required to accomplish the proposed construction, as defined by the International Building Code for the purpose of computing building permit fees. The true value shall include reasonable true market values for the materials and labor and include normal contractor profit and overhead and design fees, but exclude Washington State and local sales taxes and permit fees. Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls or buildings. Covered moorage area” means the gross area of the roof of the covered moorage structure projected on the surface or surfaces below. Covered moorage structure” means any structure having a roof but not walls which provides cover or shelter to a moorage space or dock.)) Deck,” “porch” or “veranda” means a structure attached to a wall of a building designated, established, and/or installed to provide for entrance or exit, outdoor living, cooking, and/or recreation, some sides of which are open and which may or may not have a permanent overhead covering. Dolphin” means a spar, buoy or piling used for mooring watercraft. Family” means the immediate kindred made up of a person and spouse, their parents, grandparents, children and the spouses thereof, and grandchildren and the spouses and children thereof. Family day care home” means the regular family abode of a person or persons who are providing child care services of less than 24 hours to no more than 10 children at any one time, including those of the provider(s). Gazebo” or “pavilion” means a fully or partly roofed or covered freestanding structure fully or partly open at the sides designed, established and installed to provide outdoor living, cooking and/or recreation. 7 of 15 Grade, Existing. “Existing grade” means the ground elevation existing on the building site at the time an application for a building or other development permit is filed at the city. Grade, Finished. “Finished grade” means the ground elevation after any site development is completed. Grade, Original. “Original grade” means the natural ground elevation that existed prior to any site development or manmade modifications in the first instance. Gross lot area,” for the purpose of this title, means dry land area which is further defined as land area exclusive of shorelands, except those which by recession of water or bulkheading have become dry land above high water level. Guests” means those who occupy upon invitation of the owner or lessee without charge or other consideration for such occupancy. Household staff” means individuals who spend more than 50 percent of their working time employed at the residence site and in no event work less than 20 hours per week, including caregivers. For the purpose of this chapter, “household staff” includes the spouse and children of such an employee. Impervious surface” means a surface for which the rate of percolation is less than the ground upon which it is situated. Impervious surface area” means the total square feet of impervious surfaces on a single building site. Impervious surface, total allowable coverage” means the maximum area of a single building site that impervious surfaces may occupy. Maximum height” means the highest point of the roof, skylight, parapet or other significant element of a building or structure; provided, that if the individual element does not exceed five feet in the horizontal dimension, a chimney, chase, mechanical equipment, vent or other essential building element may project above the maximum height no more than three feet. Mechanical equipment” means any machine or system containing moving parts such as motors, valves, relay switches, compressors, fans or similar components, including but not limited to those used to circulate and/or condition air, water, refrigerant, effluent or products of combustion. Minor deviation” means a discretionary land use permit to allow building remodeling projects to depart from numeric development standards and to preserve nonconforming conditions with respect to setback requirements and maximum building heights. Requests for minor deviations are reviewed by the city manager or designee and involve public notice as specified in Chapter 14.08 MMC. Moorage” means a place, slip or dock where a boat or vessel may be secured. Moorage structure” means those installations or facilities including piers, wharves, platforms, ramps, dolphins, buoys, quays, or bulkheads, or any place or structure connected with the shore or upon shorelands provided for the securing of a boat or waterborne craft.)) Net lot area” means gross lot area exclusive of the area of any vehicular private lane, vehicular right-of-way, or vehicular access easement. Numeric development standard” means a numeric requirement for minimum setbacks, maximum heights, maximum lot coverage or maximum impervious surface coverage. Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. Patio” means a hard surfaced area of the ground beyond a building designed, established and/or installed to provide for outdoor living, cooking and recreation, 8 of 15 some sides of which are open and which may or may not have a permanent overhead covering. Pier” or “deck” means a structure extending from the solid land into the water, whether floating or upon piles or other supports.)) Primary residential building” means the building in which the primary dwelling unit of the building site is located. Repair” means the replacement or renewal of any part of an existing structure for the purpose of its maintenance. Rockery” means a soil retaining or stabilizing structure composed of stacked rock that is not attached together by any bonding agent, such as mortar. Setback area” means the area of building site between the property line and the limits set by city regulations within which no permanent structure may intrude. Shoreline” means the line defined by elevation contour 22.0, which elevation is 22 feet above mean lower low water of Puget Sound as established by the U.S. Army Corps of Engineers, which corresponds to elevation of 28.93 feet as determined by the Sea Level Datum of 1929.)) Single-family dwelling” means a detached dwelling house that is limited in design to the accommodation of one family, its household staff and guests. A single-family dwelling may have accessory recreational buildings in addition to a detached garage which may include a beach and/or playhouse and having no more than one room plus a bathroom and otherwise not designed for habitation. A single-family dwelling may be occupied by the members of one family alone, its guests and household staff; provided, however, that it is not a violation of this title for the renter or owner of any dwelling to provide lodging for persons not attached to the renter’s or owner’s family so long as such use is incidental to the use of the dwelling for residence purposes. Site area,” for the purpose of this title, means dry land area which is further defined as land area exclusive of shorelands, except those which by recession of water have become dry land. Dry land created by bulkheading shall not be counted as site area except as specifically permitted by this code. Site Area, Gross. “Gross site area” means the total area of a building site falling within the metes and bounds of the building site. Site Area, Net. “Net site area” means the area of a building site after all of the area of vehicular private lanes, vehicular rights-of-way, vehicular private lane turnarounds or any other vehicular easement for public or private use has been deducted from the gross site area. Site width” means the dimension between side property lines measured at a right angle to the centerline of the building site. (See Exhibit at the end of this section). Sport court” means an area of ground defined by permanent surfacing, equipment and/or fencing for the purpose of playing tennis, badminton, basketball and similar social games. Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof. Structural coverage,” “site coverage” and “lot coverage” all mean the total surface area of a site covered by buildings, structures, patios and sports courts, to include surface areas directly beneath roof eaves. The following items are not included in calculating structural coverage, site coverage or lot coverage: 1. Area of pervious site area or decorative plantings or water features under roof eaves; 9 of 15 2. Driveways; 3. Uncovered decks, patios, sports courts, pools and spas that do not exceed 30 inches above original or finished grade, whichever is lower. The height of decks, patios, and sports courts is measured to the highest point on the walking surface. The height of pools and spas is measured to the highest point of the structural rim; 4. All structures and buildings that are waterward of the shoreline of the building site; 5. Fences, walls and retaining walls, the greatest width dimension of which is one foot or less. When the greatest width dimension exceeds one foot, then the horizontal exposed area of the entire structure shall count toward site coverage; 6. Rockeries. Structure” means that which is erected, built or constructed, including an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Temporary public facility” means a land use and/or facilities owned, operated, and maintained temporarily by a city government agency, a public or nonprofit school, or religious organization. Terrace” means a level platform or shelf of earth supported on one or more faces by a wall, bank of turf, stable inclined grades, or the like. Waterfront structure” means any structure built at or along the shoreline or over the shorelands and including particularly bulkheads and moorage facilities.)) Section 7. Amend MMC 17.20.010. Section 17.20.010 of the Medina Municipal Code is amended to read: A. The minimum lot area for each dwelling in the district shall be 16,000 square feet. B. The minimum setback of any part of any building or structure shall be 30 feet from the front property line and 30 feet from the rear property line, and shall be 10 feet from each side line. The minimum setback of an approved parking space nondriveway) in the front yard shall be 15 feet. The minimum setback from the Lake Washington shoreline shall be as established in MMC 20.63.030 ((Chapter 17.38 MMC)). Setbacks shall be measured from the property line to the furthest horizontal projection of the structure, including gutters. C. Structural Coverage and Impervious Surface Standards. 1. Total structural coverage shall be limited in accordance with the following table: Table 17.20.010C – Structural Coverage When the square footage of the area of the lot is: Total structural coverage allowed 10,000 or less 30 percent 10,001 to 10,500 29.58 percent 10,501 to 11,000 29.17 percent 11,001 to 11,500 28.75 percent 11,501 to 12,000 28.33 percent 12,001 to 12,500 27.92 percent 10 of 15 12,501 to 13,000 27.50 percent 13,001 to 13,500 27.08 percent 13,501 to 14,000 26.67 percent 14,001 to 14,500 26.25 percent 14,501 to 15,000 25.83 percent 15,001 to 15,500 25.42 percent 15,501 to 15,999 25.21 percent 16,000 or greater 25 percent 2. Garden-type structures such as, but not limited to, gazebos, gateways and trellises shall be excluded from the total structural coverage, provided the aggregate structural coverage of all such structures does not exceed one percent of the lot area. 3. Total impervious surface, including structures, shall not exceed 55 percent of the lot area. D. The height of any building or structure shall meet all of the following: 1. No part of the building or structure shall exceed the maximum height set forth in subsection (D)(2) of this section and shown in Diagram 17.20.010.D, except where otherwise allowed by this code; and 2. The maximum height shall be prescribed as follows: a. Measured as a vertical distance of 25 feet above the original grade or 28 feet above the finished grade, whichever is lower; b. Measurement shall be taken at the exterior walls of the building or structure at the lowest and highest points of the designated grade to a plane essentially parallel to the lowest and highest points of the designated grade; and 3. When a building or structure is located on a slope, there shall be an additional height limitation of 36 feet between the lowest point of original grade measured at the exterior walls of the building or structure and the highest point of the building or structure proper (see Diagram 17.20.010.D), except where otherwise allowed by this code; and 4. The provisions of subsections (D)(1) through (3) of this section shall not apply to lots located in the Neighborhood Character Preservation District – Medina Heights as set forth in Chapter 17.21 MMC. Diagram 17.20.010.D – Measurement of Maximum Height 11 of 15 Note: When a building is located on a steep enough slope, an additional height restriction would apply that limits the overall height of the structure to 36 feet from the lowest point of original grade to the highest point of the structure. E. There shall be a minimum of 70 feet of frontage on a dedicated and improved street. F. Two on-site parking spaces shall be provided for each lot accessing from a public street. G. Use shall be limited to single-family dwellings and historical uses. Historical uses are limited to nonresidential uses which were in existence at the date of incorporation of the city. Historical uses shall not be allowed on any lot where the use was not operated at the date of incorporation of the city. Section 8. Amend MMC 17.24.010. Section 17.24.010 of the Medina Municipal Code is amended to read: A. The minimum lot area for each dwelling in this district shall be 20,000 square feet. B. The minimum setback of any part of any building or structure shall be 30 feet from the front property line and 30 feet from the rear property line, and shall be 10 feet or 15 percent of the site width at any location of the structure on the building site, whichever is greater, but not more than 20 feet from each side line. The minimum setback from the Lake Washington shoreline shall be as established in MMC 20.63.030 ((Chapter 17.38 MMC)). The minimum setback of an improved parking space (nondriveway) in the front yard shall be 15 feet. Setbacks shall be measured from the property line to the furthest horizontal projection of the structure, including gutters. C. Structural Coverage and Impervious Surface Standards. 1. Total structural coverage shall be limited to 13 percent of the area of any lot, except where structural coverage may be increased pursuant to MMC 17.24.020. 2. Garden-type structures such as, but not limited to, gazebos, gateways and trellises shall be excluded from the total structural coverage, provided the aggregate structural coverage of all such structures does not exceed one percent of the lot area. 3. Total impervious surface, including structures, shall not exceed 52-1/2 percent of the lot area. D. The height of any building or structure shall be limited to 30 feet measured from the highest point of original grade or the finished grade, whichever is lower, at the building’s wall to the highest point of the roof proper, but not more than 36 feet 12 of 15 measured from the lowest point of original grade or finished grade, whichever is lower at the building’s wall to the highest point of the roof proper. E. There shall be a minimum of 70 feet of frontage on a dedicated and improved street. F. Two on-site parking spaces shall be provided for each lot accessing from a public street. G. Uses shall be limited to single-family dwellings. Section 9. Amend MMC 17.28.010. Section 17.28.010 of the Medina Municipal Code is amended to read: A. The minimum lot area for each dwelling in this district shall be 30,000 square feet. B. The minimum setback of any part of any building or structure shall be 30 feet from the front property line and 30 feet from the rear property line, and shall be 10 feet or 15 percent of the site width at any location of the structure on the building site, whichever is greater, but not more than 20 feet from each side line. The minimum setback from the Lake Washington shoreline shall be as established in MMC 20.63.030 ((Chapter 17.38 MMC)). The minimum setback of an improved parking space (nondriveway) in the front yard shall be 15 feet. Setbacks shall be measured from the property line to the furthest horizontal projection of the structure, including gutters. C. Structural Coverage and Impervious Surface Standards. 1. Total structural coverage shall be limited to 13 percent of the area of any lot, except where structural coverage may be increased pursuant to MMC 17.24.020. 2. Garden-type structures such as, but not limited to, gazebos, gateways and trellises shall be excluded from the total structural coverage, provided the aggregate structural coverage of all such structures does not exceed one percent of the lot area. 3. Total impervious surface, including structures, shall not exceed 50 percent of the lot area. D. The height of any building or structure shall be limited to 30 feet measured from the highest point of original grade or finished grade, whichever is lower, at the building’s wall to the highest point of the roof proper, but not more than 36 feet measured from the lowest point of original grade or finished grade, whichever is lower, at the building’s wall to the highest point of the roof proper. E. There shall be a minimum of 90 feet of frontage on a dedicated and improved street. F. Two on-site parking spaces shall be provided for each lot accessing from a public street. G. Uses shall be limited to single-family dwellings. H. An additional two percent of lot coverage shall be allowed for decks, porches or verandas, as defined in MMC 17.12.010, provided said structures do not have an overhead covering except eaves of 24 inches or less. Section 10. Repeal Chapter 17.38. Chapter 17.38 of the Medina Municipal Code is repealed. Section 11. Repeal Chapter 17.88. Chapter 17.88 of the Medina Municipal Code is repealed. Section 12. Repeal Chapter 18.08. Chapter 18.08 of the Medina Municipal Code is repealed. 13 of 15 Section 13. Amend MMC 18.12.040. Section 18.12.040 of the Medina Municipal Code is amended to read: A. These critical area regulations shall apply as an overlay and in addition to zoning and other regulations adopted by the city of Medina. B. These critical areas regulations shall not apply within the shoreline jurisdiction set forth in Chapters 20.60 through 20.67 MMC. Where critical areas are located within the shoreline jurisdiction, the critical areas regulations set forth in Chapter 20.67 MMC shall apply. C. These critical area regulations shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA), as locally adopted. Any conditions required pursuant to this title shall be included in the SEPA review and threshold determination. C.)) D. Any individual critical area adjoined by another type of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When any provision of this chapter or any existing regulation, easement, covenant, or deed restriction conflicts with this chapter, that which provides more protection to the critical areas shall apply. D.)) E. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Shoreline 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 process established in this chapter. Section 14. Amend 18.12.400. Section 18.12.400 of the Medina Municipal Code is amended to read: A. Fish and wildlife habitat conservation areas include: 1. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association. a. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or are threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted as necessary for current listing status. b. State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington, identified by the State Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species), and WAC 232-12- 011 (state threatened and sensitive species). The State Department of Fish and Wildlife maintains the most current listing and should be consulted as necessary for current listing status. 2. State Priority Habitats and Species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status; 14 of 15 sensitivity to habitat alteration; and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the State Department of Fish and Wildlife. 3. Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the city of Medina as approved by its council, including those that possess unusual or unique habitat warranting protection. 4. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those 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. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation. 5. Waters of the State. In the city of Medina, waters of the state include lakes, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-031, not including Type S or Type 1 Waters. 6. State Natural Area Preserves and Natural Resource Conservation Areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the State Department of Natural Resources. 7. Land found by the Medina City Council to be essential for preserving connections between habitat blocks and open spaces. B. All areas within the city of Medina meeting one or more of these criteria are hereby designated critical areas and are subject to the provisions of this title. Section 15. Amend 20.73.020. Section 20.73.020 of the Medina Municipal Code is amended to read: A. This chapter shall apply to all divisions of land including short subdivisions, subdivisions and lot line adjustments hereafter established within the incorporated areas of the city of Medina. B. This chapter is applied in conjunction with Chapter 2.78 MMC, Hearing Examiner; MMC Title 17, Zoning; Chapter 18.04 MMC, State Environmental Policy Act; ((the)) Chapters 20.60 through 20.67 MMC, Medina Shoreline ((m))Master ((p))Program; Chapter 18.12 MMC, Critical Areas; Chapter 20.80 MMC, Project Permit Review Procedures, and other applicable codes referencing this chapter. Section 16. Adoption of Restoration Plan. The Shoreline Restoration Plan is adopted as set forth in Attachment “C”. Section 17. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Attachment A SMP Attachment A 1 of 90 Subtitle 20.61 Shoreline Master Program2 3 Chapters: 4 20.60 General Provisions5 20.61 Shoreline Environmental Designations6 20.62 Shoreline Use Regulations7 20.63 Shoreline General Development Standards8 20.64 Use Specific Shoreline Development Standards9 20.65 Shoreline Modifications10 20.66 General Shoreline Regulations11 20.67 Critical Areas in Shoreline12 13 Attachment A SMP Attachment A 2 of 90 Chapter 20.601 General Provisions2 3 Sections: 4 20.60.010 Title. 5 20.60.020 Introduction. 6 20.60.030 Purpose. 7 20.60.040 Authority. 8 20.60.050 Applicability. 9 20.60.060 Administration. 10 20.60.070 Relationship to other plans and regulations. 11 20.60.080 Interpretation. 12 20.60.090 Liberal construction. 13 20.60.100 Violations and Penalties. 14 20.60.200 Definitions – General Provisions. 15 20.60.210 “A” definitions. 16 20.60.211 “B” definitions. 17 20.60.212 “C” definitions. 18 20.60.213 “D” definitions. 19 20.60.214 “E” definitions. 20 20.60.215 “F” definitions. 21 20.60.216 “G” definitions. 22 20.60.217 “H” definitions. 23 20.60.218 “I” definitions. 24 20.60.219 “J” definitions. 25 20.60.221 “L” definitions. 26 20.60.222 “M” definitions. 27 20.60.223 “N” definitions. 28 20.60.224 “O” definitions. 29 20.60.225 “P” definitions. 30 20.60.226 “Q” definitions. 31 20.60.227 “R” definitions. 32 20.60.228 “S” definitions. 33 20.60.229 “T” definitions. 34 20.60.230 “U” definitions. 35 20.60.231 “V” definitions. 36 20.60.232 “W” definitions37 38 20.60.010 Title. 39 40 Chapters 20.60 through 20.67 of the Medina Municipal Code shall be known as, and may be41 cited as, the "Medina Shoreline Master Program." 42 43 20.60.020 Introduction. 44 45 The Shoreline Management Act of 1971 (Act) was adopted by the public in a 1972 referendum46 to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s47 shorelines.” 48 A. The Act advances the following broad policies: 49 1. Encourage water-dependent uses along the shoreline; 50 2. Protect the resources and ecology of the shoreline; and51 Attachment A SMP Attachment A 3 of 90 3. Promote public access of the shoreline environment. 1 B. The Act, and the City, recognizes the protection of private property rights while aiming to2 preserve the quality of unique shoreline resources. 3 C. The primary purpose of the Act is to provide for the management and protection of shoreline4 resources by planning for reasonable and appropriate uses through a coordinated planning5 program between the state and local jurisdictions. 6 7 20.60.030 Purpose. 8 The purpose of the shoreline master program is to: 9 A. Carry out the responsibilities imposed by the Act; 10 B. Promote the public health, safety and general welfare by guiding future development of11 shoreline resources within the City; 12 C. Comply with the Shoreline Master Program Guidelines set forth in Chapter 173-26 WAC. 13 14 20.60.040 Authority. 15 16 Chapters 20.60 through 20.67 of the Medina Municipal Code are adopted under the authority of17 Chapter 90.58 RCW and Chapter 173-26 WAC. 18 19 20.60.050 Applicability. 20 21 A. The requirements of the shoreline master program apply to all uses and development22 occurring within the City’s shoreline jurisdiction as defined in RCW 90.58.030 including: 23 1. Lake Washington; and24 2. Areas extending landward 200 feet from the ordinary high water mark of Lake25 Washington. 26 B. Shoreline jurisdiction shall not include buffer areas for wetlands or streams that occur within27 shorelines jurisdiction, except those buffers contained within lands extending landward 20028 feet from the ordinary high water mark of Lake Washington. 29 30 20.60.060 Administration. 31 32 A. All uses and development proposals within the shoreline area should be evaluated in terms33 of the shoreline master program. All uses and development proposals, including those that34 do not require a permit, must comply with the policies and regulations established by the Act35 as expressed through the shoreline master program. 36 B. The Director is vested with responsibility for administering the shoreline master program37 consistent with this shoreline master program and applicable provisions of the Act. 38 C. No development may be undertaken or is authorized unless it is consistent with the policies39 and provisions of the shoreline master program and the Act. 40 D. Shoreline permits, and shoreline exemptions, shall be processed in accordance with the41 requirements set forth in Chapter 20.80 MMC and the approval criteria specified for42 shoreline permits. 43 44 20.60.070 Relationship to other plans and regulations. 45 46 A. The Medina Comprehensive Plan provides the underlying planning framework within which47 the shoreline master program fits. The policies found in the Shoreline Management Sub-48 Element of the Comprehensive Plan are incorporated as an element of the shoreline master49 program. 50 Attachment A SMP Attachment A 4 of 90 B. The shoreline master program shall apply as an overlay and in addition to: zoning, land use1 regulations, development regulations, and other regulations established by the City. 2 C. In the event of a conflict between the regulations in this shoreline master program and any3 other applicable regulations of the City, the regulation that provides the greater protection of4 shoreline ecological functions and aquatic habitat shall prevail. 5 6 20.60.080 Interpretation. 7 8 A. The Director is authorized to make written interpretations of the shoreline master program9 whenever necessary for clarification or to resolve a conflict within these regulations. 10 Interpretations are a Type 1 decision processed pursuant to Chapter 20.80 MMC. 11 B. Any person may submit a written request for an interpretation to the Director, or the Director12 may issue an interpretation on their own initiative. 13 C. A request for an interpretation shall address the following decision criteria: 14 1. The defined or common meaning of the word or words in the provision; and15 2. The general purpose of the provision as expressed in the section or chapter where the16 provision is found; 17 3. The logical or likely meaning of the provision viewed in relation to the Act and the18 shoreline master program; 19 4. Consistency with the policies and provisions set forth in Chapter 90.58 RCW, and20 Chapters 173-26 and 173-27 WAC; 21 5. Consistency with the goals and policies set forth in the Shoreline Sub-Element of the22 Medina Comprehensive Plan; and23 6. Consistency with other elements of the shoreline master program. 24 D. The Director shall consult with the Washington State Department of Ecology for consistency25 of the interpretation with the Act and the shoreline master program before issuing a written26 interpretation. 27 E. A written interpretation shall have the effect and be enforced as if it is part of the shoreline28 master program. 29 F. A record of all written interpretations shall be maintained by the City and be available for30 public inspection and copying during regular business hours. 31 32 20.60.090 Liberal construction. 33 34 As provided in RCW 90.58.900, the Shoreline Management Act is exempted from the rule of35 strict construction; the Act and the shoreline master program shall therefore be liberally36 construed to give full effect to the purposes, goals, objectives, and policies for which the Act and37 the shoreline master program were enacted and adopted, respectively. 38 39 20.60.100 Violations and Penalties. 40 41 Violation of any provision of the shoreline master program shall be subject to the enforcement42 provisions and penalties in Chapter 1.15 MMC and WAC 173-27-240 through 173-27-310. 43 44 20.60.200 Definitions – General Provisions. 45 46 A. Words in this shoreline master program used in the singular shall include the plural, and the47 plural shall include the singular, unless the context clearly indicates otherwise. 48 B. The definitions in this chapter shall apply to the shoreline master program and they should49 be used in conjunction with other definitions found in title 17 and title 20 MMC. However, 50 these definitions are not intended to replace or alter similar definitions found elsewhere51 Attachment A SMP Attachment A 5 of 90 within the Medina Municipal Code except where specifically applied to the shoreline master1 program. 2 3 20.60.210 “A” definitions. 4 5 A. "Act" means Chapter 90.58 RCW, the Shoreline Management Act of 1971, as hereafter6 amended. 7 B. “Accessory dwelling unit” means a dwelling unit subordinate to a single-family dwelling unit8 which: 9 a. Is located within the single-family dwelling unit; or10 b. Is located within an accessory building as defined by the zoning code. 11 C. “Accessory structure, use or activity” means a structure or part of a structure, use, or activity, 12 which is incidental and subordinate to a permitted principal use or building. 13 D. “Adult family home” means a residential home in which a person or persons provide14 personal care, special care, room, and board to more than one but not more than six adults15 who are not related by blood or marriage to the person or persons providing the services16 provided, however, any limitation on the number of residents resulting from this definition17 shall not be applied if it prohibits the City from making reasonable accommodations to18 disabled persons in order to afford such persons equal opportunity to use and enjoy a19 dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). 20 E. "Agricultural activities" means agricultural uses and practices as defined in WAC 173-26.02021 and amendments thereto. 22 F. “Alternative energy facilities” means energy generating facilities using (a) wind; (b) solar23 energy; (c) geothermal energy; (d) or wave or tidal action where such facilities have24 noncommercial purposes, primarily supports the use that the facilities are accessory to, and25 comply with local development regulations. 26 G. “Aquaculture” means the culture or farming of food fish, shellfish, or other aquatic plants and27 animals. 28 H. “Aquaculture, accessory” means the noncommercial culture or farming of food fish, shellfish, 29 or other aquatic plants and animals, which is located on the same lot of a principle use such30 as a single-family dwelling, and in which such activity does not produce noise, odors, or31 other impacts that negatively affect adjacent property owners enjoyment of their property. 32 I. "Average grade level" means the average of the natural or existing topography of the portion33 of the lot, parcel, or tract of real property which will be directly under the proposed building34 or structure: In the case of structures to be built over water, average grade level shall be the35 elevation of the ordinary high water mark. Calculation of the average grade level shall be36 made by averaging the ground elevations at the midpoint of all exterior walls of the37 proposed building or structure. 38 39 20.60.211 “B” definitions. 40 41 A. “Bioengineering” means project designs or construction methods that use live woody42 vegetation or a combination of live woody vegetation and specially developed natural or43 synthetic materials to establish a complex root grid within the existing bank that is resistant44 to erosion, provides bank stability, and maintains a healthy riparian environment with habitat45 features important to fish life. 46 B. “Boathouse” means an overwater structure with walls and a roof designed for the storage of47 boats, but does not include covered moorage. 48 C. “Boat launch” means graded slopes, slabs, pads, planks, or rails used for launching boats49 by means of a trailer, hand, or mechanical device. 50 Attachment A SMP Attachment A 6 of 90 D. “Boat lift” means any lift for motorized boats, kayaks, canoes and jet skis; including floating1 lifts that are designed to not contact the substrate of the Lake; ground-based lifts that are2 designed to be in contact with or supported by the substrate of the Lake; and suspended lifts3 that are designed to be affixed to the existing overwater structure with no parts contacting4 the substrate. 5 E. “Breakwater” means a protective structure that is normally built offshore to provide6 protection from wave action. 7 F. “Bulkhead” means a vertical or nearly vertical erosion protection structure placed parallel to8 and near the ordinary high water line and/ or the ordinary high water mark consisting of9 concrete, timber, steel, rock, or other permanent material for the purpose of protecting10 adjacent wetlands and uplands from waves and currents. 11 G. “Buoys” means a floating object anchored in water used to mark a location, warn of danger, 12 or indicate a navigational channel. 13 14 20.60.212 “C” definitions. 15 16 A. “Clearing” means cutting, grubbing or removing vegetation or other organic plant material by17 physical, mechanical, chemical or any other similar means. For the purpose of this definition18 of clearing, cutting means the severing of the main trunk or stem of woody vegetation at any19 point. 20 B. “Covered moorage” means any structure having a roof, but not walls that is permitted21 pursuant to MMC 20.65.060 to cover or shelter a moorage space or pier. 22 C. “Covered moorage area” means the gross area of the roof of the covered moorage structure23 projected on the surface or surfaces below. 24 D. “Critical Areas” means critical areas as defined in RCW 36.70A.030 and amendments25 thereto. 26 27 20.60.213 “D” definitions. 28 29 A. “Deck” means a structure attached to a wall of a building designated, established, and/ or30 installed to provide outdoor living, cooking, and/ or recreation, some sides of which are open31 and which may or may not have a permanent overhead covering. 32 B. "Development" means a use consisting of the construction or exterior alteration of33 structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulk34 heading; driving of piling; placing of obstructions; or any project of a permanent or temporary35 nature which interferes with the normal public use of the surface of the waters overlying36 lands subject to the act at any stage of water level. 37 C. “Director” means the city manager or designee. 38 D. “Dock” means a structure that floats on the surface of the water, without piling supports, and39 which may be attached to the shore or may be anchored to submerged land. Dock facilities40 may include wharves, boat moorage, swimming, public access, and other activities that41 require access to deep water. 42 E. “Dredging” means the removal, displacement, or disposal of unconsolidated earth material43 such as sand, silt, gravel, or other submerged materials, from the bottom of water bodies, 44 ditches, or natural wetlands; maintenance dredging and/or support activities are included in45 this definition. 46 F. “Dwelling” means a living space or combination of rooms designed to provide independent47 year-round living facilities for one family or household, including household staff and guest, 48 constructed to the minimum standards of the Building or HUD Code, and with provisions for49 sleeping, eating and sanitation. 50 G. “Dwelling, multi-family” means a residential structure containing two or more dwellings. 51 Attachment A SMP Attachment A 7 of 90 H. “Dwelling, single-family” means a residential structure containing one dwelling. 1 2 20.60.214 “E” definitions. 3 4 A. “Ecological functions, shoreline ecological functions” means the work performed or role5 played by the physical, chemical, and biological processes that contribute to the6 maintenance of the aquatic and terrestrial environments constituting the shoreline’s natural7 ecosystem. 8 B. “Ecosystem-wide processes” means the suite of naturally occurring physical and geologic9 processes of erosion, transport, and deposition; and specific chemical processes that shape10 landforms within a specific shoreline ecosystem and determine both the types of habitat and11 the associated ecological functions. 12 C. “Ell” means a terminal pier section oriented perpendicular, diagonal or linear to the pier13 walkway. 14 D. “Existing grade” means the ground elevation existing on the building site at the time an15 application for a building or other development permit is filed at the City. 16 17 20.60.215 “F” definitions. 18 19 A. "Fair market value" of a development is the open market bid price for conducting the work, 20 using the equipment and facilities, and purchase of the goods, services and materials21 necessary to accomplish the development. This would normally equate to the cost of hiring22 a contractor to undertake the development from start to finish, including the cost of labor, 23 materials, equipment and facility usage, transportation and contractor overhead and profit. 24 The fair market value of the development shall include the fair market value of any donated, 25 contributed or found labor, equipment or materials. 26 B. “Feasible” means an action, such as a development project, mitigation, or preservation27 requirement that meets all of the following conditions: 28 1. Can be accomplished with technologies and methods that have been used in the past in29 similar circumstances, or studies or tests that have demonstrated in similar30 circumstances that such approaches are currently available and likely to achieve the31 intended results; 32 2. Provides a reasonable likelihood of achieving its intended purpose; and33 3. Does not physically preclude achieving the project's primary intended legal use. 34 The burden of proving infeasibility is on the applicant in cases where these guidelines35 require certain actions. In determining an action's infeasibility, the City may weigh the36 action's relative public costs and public benefits, considered in the short- and long-term time37 frames. 38 C. “Fill” means for the purpose of the shoreline master program the placement of soil, sand, 39 rock, gravel, sediment, earth retaining structure or other material to an area waterward of the40 ordinary high water mark, in wetlands, or on shorelands in a manner that raises the41 elevation or creates dry land. 42 D. “Finger” means a narrow pier section projecting from the pier walkway, typically43 perpendicular to the walkway and located landward of an ell in order to form the near-shore44 side of a boat-slip. 45 E. “Float” means a structure that floats on the surface of the water that is not attached to the46 shore, but that may be anchored to submerged land. Floats are typically used for47 swimming, diving and similar recreational activities. 48 F. “Float plane and helicopter moorage” means a facility where water-based aircraft and/ or49 helicopter are secured for moorage. 50 Attachment A SMP Attachment A 8 of 90 G. “Forest practices” means any activity conducted on or directly pertaining to forest land and1 relating to growing, harvesting, or processing timber. 2 H. “Freestanding fence or wall” means a structure located above grade that is intended to3 provide a barrier for privacy, security or safety. 4 5 20.60.216 “G” definitions. 6 7 A. “Gabion” means a structure composed of masses of rocks or rubble held tightly together by8 wire mesh (typically) so as to form upright blocks or walls. 9 B. "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation10 conducted by a qualified expert that includes a description of the ground and surface11 hydrology and geology, the affected land form and its susceptibility to mass wasting, 12 erosion, and other geologic hazards or processes, conclusions and recommendations13 regarding the effect of the proposed development on geologic conditions, the adequacy of14 the site to be developed, the impacts of the proposed development, alternative approaches15 to the proposed development, and measures to mitigate potential site-specific and16 cumulative geological and hydrological impacts of the proposed development, including the17 potential adverse impacts to adjacent and down-current properties. Geotechnical reports18 shall conform to accepted technical standards and must be prepared by qualified19 professional engineers or geologists who have professional expertise about the regional and20 local shoreline geology and processes. 21 C. “Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or22 other material on a site in a manner that alters the natural contour of the land. 23 24 20.60.217 “H” definitions. 25 26 A. "Height" is the vertical distance measured from the average grade level to the highest point27 of a structure. 28 B. “Houseboat” means a structure designed and operated substantially as an overwater29 residence. Houseboats are not vessels and lack adequate self-propulsion and steering30 equipment to operate as a vessel. 31 C. “Horticultural activities” means cultivating plants, especially flowers, fruit, and vegetables, in32 gardens or greenhouses. 33 34 20.60.218 “I” definitions. 35 36 A. “Impervious surface” means any hard surface area which either prevents or retards the entry37 of water into the soil mantle as it would otherwise enter under natural conditions preexisting38 to development, or any hard surface area which causes water to run off the surface in39 greater quantities or at an increased rate of flow as it would otherwise under natural40 conditions preexisting to development. Examples include impenetrable materials such as41 asphalt, concrete, brick, stone, wood and rooftops. 42 43 20.60.219 “J” definitions. 44 45 A. “Joint-use or shared” means overwater structures that are constructed for private use by46 more than one property owner. 47 48 49 Attachment A SMP Attachment A 9 of 90 20.60.221 “L” definitions. 1 2 A. “Land division” means the division or re-division of land into lots, tracts, parcels, sites or3 divisions for the purpose of sale, lease, or transfer of ownership. 4 B. “Land surface modification” means any movement or modification of earth material on any5 site. 6 C. “Lot” means a measured piece of land having fixed boundaries and designated on a plot or7 survey. 8 D. “Lot area” means the dry land area landward of the ordinary high water line. 9 E. “Low impact development” means a set of techniques that mimic natural watershed10 hydrology by slowing, evaporating/ transpiring, and filtering water that allows water to soak11 into the ground closer to its source. 12 13 20.60.222 “M” definitions. 14 15 A. “Marina” means a private or public facility providing the purchase and or lease of a slip for16 storing, berthing and securing motorized boats or watercraft, including both long-term and17 transient moorage. 18 B. “Mining” means the removal of sand, gravel, soil, minerals, and other earth materials for19 commercial and other uses. 20 C. “MMC” means Medina Municipal Code. 21 D. “Moorage” means a place where a boat or vessel may be secured. 22 E. “Moorage buoy” means a floating object anchored to provide a mooring place away from the23 shore. 24 F. “Moorage pile” means a piling to which a boat is tied up to prevent it from swinging with25 changes of wind, waves or other similar functions. 26 G. “Moorage structure” means those installations or facilities including piers, wharves, 27 platforms, ramps, dolphins, buoys, quays, or bulkheads, or any place or structure connected28 with the shore or upon shorelands provided for the securing of a boat or waterborne craft. 29 30 20.60.223 “N” definitions. 31 32 A. "Natural or existing topography" means the topography of the lot, parcel, or tract of real33 property immediately prior to any site preparation or grading, including excavation or filling. 34 B. “Non-water oriented uses” means uses that are not water-dependent, water-related, or35 water-enjoyment. 36 C. “Nonconforming structure” means a building or structure that does not comply with the37 required setbacks, height, structural coverage and other development requirements of the38 shoreline master program, but was lawfully constructed prior to the effective date of the Act39 or shoreline master program or subsequent amendments thereto and was continually40 maintained in accordance with MMC 20.66.090. This term applies whether or not the41 nonconformity was permitted by a variance. 42 D. “Nonconforming use” means any activity, development, or condition that by the shoreline43 master program is not permitted outright or permitted as an accessory use, or is not44 permitted by a conditional use permit or other special permitting process; but was lawfully45 created prior to the effective date of the Act or shoreline master program or subsequent46 amendments thereto and was continually maintained in accordance with MMC 20.66.090. A47 nonconforming use may or may not involve buildings or structures and may involve part of, 48 or all of, a building or property. 49 50 51 Attachment A SMP Attachment A 10 of 90 20.60.224 “O” definitions. 1 2 A. “Ordinary high water line” means an elevation of 21.8 for Lake Washington above sea level3 based on the National Geodetic Vertical Datum (NGVD) of 1929. This must be converted to4 the North American Vertical Datum of 1988 (NAVD88) per City of Bellevue control points5 within Medina City limits. 6 B. "Ordinary high water mark" means on all lakes, streams, and tidal water is that mark that will7 be found by examining the bed and banks and ascertaining where the presence and action8 of waters are so common and usual, and so long continued in all ordinary years, as to mark9 upon the soil a character distinct from that of the abutting upland, in respect to vegetation as10 that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may11 change thereafter in accordance with permits issued by the City or Department of Ecology; 12 provided, that in any area where the ordinary high water mark cannot be found, the ordinary13 high water mark adjoining fresh water shall be the line of mean high water. 14 C. “Outfall” means a structure used for the discharge of stormwater or sewer system into a15 receiving water. 16 17 20.60.225 “P” definitions. 18 19 A. “Patio” means a hard surfaced area of the ground beyond a building designed, established20 and/ or installed to provide for outdoor living, cooking and recreation, some sides of which21 are open and which may or may not have a permanent overhead covering. 22 B. “Pervious” means, as opposed to impervious surfaces, these are surfaces that allow water23 to pass through at rates similar to pre-developed conditions or better. Pervious surfaces, 24 include, but are not limited to: pervious asphalt, pervious concrete, pervious gravel, grass or25 pervious pavers. 26 C. “Pier” means a platform built on pilings or similar structures that projects over, and is raised27 above the water and is attached to land, and that is used for boat moorage, swimming, 28 fishing, public access, or similar activities requiring access to deep water. 29 D. “Piling” means the structural supports for piers, usually below the pier decking and anchored30 in the water. 31 E. "Provisions" means policies, regulations, standards, guideline criteria or environment32 designations. 33 F. “Public access” means the ability of the general public to reach, touch, and enjoy the water’s34 edge, to travel on the waters of the state, and to view the water and the shoreline. 35 G. "Public interest" means the interest shared by the citizens of the state or community at large36 in the affairs of government, or some interest by which their rights or liabilities are affected37 including, but not limited to, an effect on public property or on health, safety, or general38 welfare resulting from a use or development; 39 40 20.60.226 “Q” definitions. 41 42 A. “Qualified Professional” means a person with relevant education, experience and training, 43 as determined by the City, in biological fields such as botany, fisheries, wildlife, soils, 44 ecology, and similar areas of specialization. 45 46 20.60.227 “R” definitions. 47 48 A. “Reconstruction” as prescribed in MMC 20.66.090 means to undertake construction within49 and/ or on an existing building or structure which has a valid construction permit with fair-50 market construction costs greater than 60 percent of the replacement cost of the existing51 Attachment A SMP Attachment A 11 of 90 building or structure being rebuilt. All project phases necessary to result in a habitable1 building must be included. The construction cost shall be valid for a period beginning on the2 date of permit issuance and ending 18 months after the date the permit is finalized by the3 City. 4 B. “Replacement cost” as prescribed in MMC 20.66.090 means the square footage of the5 structure multiplied by local building costs per square foot, or a similar method of calculation. 6 C. “Repair” means to restore something broken or damaged to good condition. 7 D. “Recreational uses” means facilities designed consistent with MMC 20.64.020 and used to8 provide recreational opportunities to the public. 9 E. “Residential use” means development in which people sleep and prepare food, other than10 developments used for transient occupancy. As used in the shoreline master program11 residential development includes single-family development (known as detached dwelling12 unit) and the creation of new residential lots through land division. 13 F. “Restore,” “restoration” or “ecological restoration” means the reestablishment or upgrading14 of impaired ecological shoreline processes or functions. This may be accomplished through15 measures including, but not limited to, re-vegetation, removal of intrusive shoreline16 structures and removal or treatment of toxic materials. Restoration does not imply a17 requirement for returning the shoreline area to aboriginal or pre-European settlement18 conditions. 19 20 20.60.228 “S” definitions. 21 22 A. “Shoreline areas” and “shoreline jurisdiction” means all “shorelines of the state” and23 shorelands” as defined in RCW 90.58.030. 24 B. “Shorelines” means all of the water areas of the state, including reservoirs, and their25 associated shorelands together with the lands underlying them: except (i.) shorelines of26 statewide significance; (ii.) shorelines on segments of streams upstream of a point where27 the mean annual flow is twenty cubic feet per second or less and the wetlands associated28 with such upstream segments; and (iii.) shorelines on lakes less than twenty acres in size29 and wetlands associated with such small lakes. 30 C. “Shoreline Master Program” means the Medina Shoreline Master Program adopted pursuant31 to RCW 90.58 and WAC 173-26. 32 D. "Shoreline modifications" means those actions that modify the physical configuration or33 qualities of the shoreline area, usually through the construction of a physical element such34 as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. 35 They can include other actions, such as clearing, grading, or application of chemicals. 36 E. “Shoreline setback” means the distance measured in feet that a structure or improvement37 must be located from the ordinary high water line of Lake Washington. 38 F. “Shoreline stabilization” means for protecting shoreline upland areas and shoreline uses39 from the effects of shoreline wave action, flooding or erosion. Shoreline stabilization can be40 separated into the following categories: 41 1. “Nonstructural” includes the planting or re-planting of native vegetation, beach42 enhancement and similar non-structural measures; 43 2. “Structural” includes the use of structures such as bulkheads, revetments, cribs, and44 gabions made of hard materials such as stone, concrete or timber; 45 3. “Bioengineering” includes the use of vegetation, both through planting and for structural46 purposes such as live staking, brush layering, and brush matting; 47 4. “Biotechnical measures” includes the combination of bioengineering approaches with48 some degree of structural design such as matting or vegetated gabion walls or49 mattresses, vegetated cribbing, vegetated rip rap, or keyed native toe-boulders. 50 Attachment A SMP Attachment A 12 of 90 G. “Shoreline stabilization, hard structural” means shoreline erosion control practices using1 hardened structures that armor and stabilize the shoreline from further erosion. Hardening2 materials typically include concrete, boulders, dimensional lumber or similar materials. 3 H. “Shoreline stabilization, soft structural” means shoreline erosion control practices that4 contribute to restoration, protection or enhancement of shoreline ecological functions such5 as the use of bioengineering and biotechnical measures. 6 I. “Shoreline habitat and restoration” means activities conducted for the purpose of7 establishing, restoring, or enhancing habitat for priority species in shorelines. 8 J. "Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or9 ground cover by clearing, grading, cutting, burning, chemical means, or other activity that10 causes significant ecological impacts to functions provided by such vegetation. The removal11 of invasive or noxious weeds does not constitute significant vegetation removal. Tree12 pruning, not including tree topping, where it does not affect shoreline ecological functions, 13 does not constitute significant vegetation removal. 14 K. "Structure" means a permanent or temporary edifice or building, or any piece of work15 artificially built or composed of parts joined together in some definite manner, whether16 installed on, above, or below the surface of the ground or water, except for vessels. 17 L. “Substantial destruction” as prescribed in MMC 20.66.090 means to remove more than 6018 percent of the existing exterior wall framing of a building or structure, as measured by the19 horizontal linear length of all exterior walls. Any partial removal of existing framing shall20 count towards the measurement of horizontal linear length the same as if the entire framing21 within that horizontal linear length was removed, except partial removal shall not include22 replacement of windows or doors when no beams or struts are removed. 23 24 20.60.229 “T” definitions. 25 26 A. “Tram” means an electrically driven transport vehicle that runs on rails, overhead cables, or27 similar structure to move passengers and goods up and down a hillside. 28 29 20.60.230 “U” definitions. 30 31 A. “Utilities” means services, facilities and infrastructure that produce, transmit, carry, store, 32 process or dispose of electric power, gas, water, sewage, communications, oil, storm water, 33 and similar services and facilities. 34 35 20.60.231 “V” definitions. 36 37 A. “Vessel" includes every description of watercraft, used or capable of being used as a means38 of transportation on the water. 39 40 20.60.232 “W” definitions. 41 42 A. “Wall Framing,” as prescribed in MMC 20.66.090, means the assemblage of beams and43 struts that provide a support structure to which interior and exterior wall coverings are44 attached. Wall framing shall not include the horizontal ceiling joists and sloping rafters used45 for the roof. 46 B. "Water-dependent use" means a use or portion of a use which cannot exist in a location that47 is not adjacent to the water and which is dependent on the water by reason of the intrinsic48 nature of its operations. 49 C. "Water-enjoyment use" means a recreational use or other use that facilitates public access50 to the shoreline as a primary characteristic of the use; or a use that provides for recreational51 Attachment A SMP Attachment A 13 of 90 use or aesthetic enjoyment of the shoreline for a substantial number of people as a general1 characteristic of the use and which through location, design, and operation ensures the2 public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to3 qualify as a water-enjoyment use, the use must be open to the general public and the4 shoreline-oriented space within the project must be devoted to the specific aspects of the5 use that fosters shoreline enjoyment. 6 D. “Waterfront structure” means any structure built at or along the shoreline or over the7 shorelands and including particularly bulkheads and moorage facilities. 8 E. “Water frontage” means the extent of land abutting water as measured pursuant to MMC9 20.63.050(A)(2)(c). 10 F. "Water-oriented use" means a use that is water-dependent, water-related, or water-11 enjoyment, or a combination of such uses. 12 G. "Water quality" means the physical characteristics of water within shoreline jurisdiction, 13 including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and14 biological characteristics. Where used in this chapter, the term "water quantity" refers only to15 development and uses regulated under this chapter and affecting water quantity, such as16 impermeable surfaces and storm water handling practices. Water quantity, for purposes of17 this chapter, does not mean the withdrawal of groundwater or diversion of surface water18 pursuant to RCW 90.03.250 through 90.03.340. 19 H. "Water-related use" means a use or portion of a use which is not intrinsically dependent on a20 waterfront location but whose economic viability is dependent upon a waterfront location21 because: 22 1. The use has a functional requirement for a waterfront location such as the arrival or23 shipment of materials by water or the need for large quantities of water; or24 2. The use provides a necessary service supportive of the water-dependent uses and the25 proximity of the use to its customers makes its services less expensive and/or more26 convenient. 27 I. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or28 ground water at a frequency and duration sufficient to support, and that under normal29 circumstances do support, a prevalence of vegetation typically adapted for life in saturated30 soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 31 Wetlands do not include those artificial wetlands intentionally created from non-wetland32 sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, 33 canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape34 amenities, or those wetlands created after July 1, 1990, that were unintentionally created as35 a result of the construction of a road, street, or highway. Wetlands may include those36 artificial wetlands intentionally created from non-wetland areas created to mitigate37 conversion of wetlands. 38 J. “Wireless communication facilities” means the same as given in the zoning code. 39 Attachment A SMP Attachment A 14 of 90 Chapter 20.611 Shoreline Environment Designations2 3 Sections: 4 20.61.010 Establishment of shoreline environment designations. 5 20.61.020 Shoreline jurisdiction and shoreline map. 6 20.61.030 Residential environment7 20.61.040 Urban conservancy environment. 8 20.61.050 Aquatic environment. 9 20.61.060 Transportation environment. 10 11 20.61.010 Establishment of shoreline environment designations. 12 13 Medina’s shoreline is divided into the following shoreline environment designations based upon14 the designation criteria prescribed by this chapter: 15 A. Residential; 16 B. Urban Conservancy; 17 C. Transportation; and18 D. Aquatic. 19 20 20.61.020 Shoreline jurisdiction and shoreline map. 21 22 The Shoreline Environment Designation Map set forth in Figure 20.61.020 is a graphic23 representation of Medina’s shorelines regulated by the shoreline master program and shall24 serve as the official shoreline map assigning shoreline environment designations to properties25 subject to the following: 26 A. The boundaries depicted on the map are approximate location and extent of the shoreline27 jurisdiction with additional site-specific evaluation required to confirm and/ or verify actual28 boundaries of the shoreline jurisdiction; and29 B. Property lines shall be used for interpreting the boundaries of the shoreline environment30 designations, except for the aquatic environment, which is interpreted using the ordinary31 high water line. 32 33 20.61.030 Residential environment. 34 35 A. Purpose. 36 1. The purpose of the Residential environment designation is to accommodate single-37 family residential development and appurtenant structures that are consistent with38 shoreline master program. 39 2. A secondary purpose is to provide, where appropriate, public access and recreational40 uses. 41 B. Designation Criteria. 42 1. Areas designated Residential on the shoreline map includes those areas adjacent to43 Lake Washington that are zoned residential and developed with single-family residences44 or vacant, and where single-family residences are anticipated to continue in the future. 45 2. This designation shall apply to areas that are upland from the ordinary high water line. 46 47 48 Attachment A SMP Attachment A 15 of 90 20.61.040 Urban conservancy environment. 1 2 A. Purpose. The purpose of the Urban Conservancy environment designation is to protect and3 restore shoreline ecological functions of open space and other sensitive lands while allowing4 a variety of compatible uses. 5 B. Designation Criteria. Areas designated Urban Conservancy on the shoreline map are areas6 appropriate and planned for development that is compatible with maintaining or restoring7 shoreline ecological functions of the area, which are not generally suitable for water-8 dependent uses, where any of the following characteristics apply: 9 1. They are suitable for water-related or water-enjoyment uses; 10 2. They are open space, flood plain or other sensitive areas that should not be more11 intensively developed; 12 3. They have potential for ecological restoration; 13 4. They retain important shoreline ecological functions, even though partially developed; or14 5. They have the potential for development that is compatible with ecological restoration. 15 C. Locations. Areas designated as Urban Conservancy include: 16 1. Medina Beach Park landward of the ordinary high water mark; 17 2. Lake Lane (Fairweather Bay off of N.E. 78th Place) landward of the ordinary high water18 mark; 19 3. South end of 84th Avenue N.E. landward of the ordinary high water mark near View Point20 Park; 21 4. Privately-owned, join-use shoreline recreational lots, including: 22 a. Recreation Tract X conveyed by Lynn Short Plat; 23 b. Park Tracts B and C of Lake Crest Park Division 2 (73rd Avenue N.E.); 24 c. Tract A of Edgecliff Plat; 25 d. Parcel 194230-0044, Dehn’s Addition Vacated; 26 e. Conservation Tract (1000 Block of Evergreen Point Road); 27 f. Community Beach and Road Tract (7700 Block of Overlake Drive West); 28 5. Areas not otherwise designated with a shoreline environment designation29 30 20.61.050 Aquatic environment. 31 32 A. Purpose. The purpose of the Aquatic environment designation is to protect, restore, and33 manage the unique characteristics and resources of the areas waterward of the ordinary34 high water mark. 35 B. Designation Criteria. All areas including and waterward of the ordinary high water mark are36 designated as Aquatic environment. 37 38 20.61.060 Transportation environment. 39 40 A. Purpose. The purpose of the Transportation environment designation is to accommodate41 the infrastructure necessary for the SR 520 floating bridge and highway. A secondary42 purpose is to ensure those areas not needed for ongoing operations are considered for43 potential public access and habitat enhancement uses. 44 B. Designation Criteria. Areas designated Transportation on the shoreline map and are owned45 by Washington State Department of Transportation for the use and associated uses of State46 Route 520. 47 48 49 Attachment A SMP Attachment A 16 of 90 1 Medina Shoreline Environment Designations Residential Urban Conservancy Transportation Waterward OHWM = Aquatic North Figure 20.61.020: Shoreline Environment Designation Map Attachment A SMP Attachment A 17 of 90 Chapter 20.621 Shoreline Use Regulations2 3 Sections: 4 20.62.010 Applicability. 5 20.62.020 Permitted uses, prohibited uses. 6 20.62.030 Use table. 7 8 20.62.010 Applicability. 9 10 This chapter applies to specific uses and types of development that typically occur in shoreline11 areas. This chapter is applied in conjunction with other provisions found elsewhere in the12 shoreline master program. 13 14 20.62.020 Permitted uses, prohibited uses. 15 16 Uses within the shoreline jurisdiction are subject to the following: 17 A. Uses listed with a “P” in Table 20.62.030 are permitted, subject to a substantial development18 permit or shoreline exemption; 19 B. Uses listed with a “CU” in Table 20.62.030 are conditionally permitted, subject to approval of20 a shoreline conditional use permit; 21 C. Uses listed with an “X” in Table 20.62.030 are prohibited; 22 D. Uses not listed in the table, may be authorized as a conditional use provided the review23 criteria in WAC 173-27-160, as hereafter amended, are satisfied; 24 E. Review procedures for deciding project permits are found in Chapter 20.80 MMC. 25 26 20.62.030 Use table. 27 28 Table 20.62.030 establishes those uses which are permitted, those uses requiring special29 approval and those uses that are prohibited within each shoreline environment designation. 30 31 Table 20.62.030 Shoreline Use Table* 32 Shoreline Use Sh o r e l i n e Re s i d e n t i a l Ur b a n Co n s e r v a n c y Aq u a t i c Tr a n s p o r t a t i o n Residential Use Accessory dwelling unit P P X X Accessory buildings/ uses located on the same lot as a single-family dwelling other than specifically listed in the table P P X X Adult family home P P X X Detached single-family dwelling P P X X Manufactured home P P X X Multi-family dwellings (2 attached units or more) X X X X 33 Attachment A SMP Attachment A 18 of 90 Commercial Use Accessory home business P P X X Water-oriented uses other than specifically listed in the table X X X X Non-water-oriented uses other than specifically listed in the table X X X X 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 shoreline activity P P X P State transportation facilities including bridge and associated support facilities X X CU CU Utilities Solid waste disposal, transfer sites, electrical substations and similar primary utility facilities X X X X Local public water, electrical, natural gas distribution, public sewer collection, cable and telephone distribution, and associated appurtenances P P CU P Alternative energy facilities - accessory to a permitted use P P CU P Wireless communication facilities X P X P Resource Land Agricultural activities X X X X 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 P P P P 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 Attachment A SMP Attachment A 19 of 90 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 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 line CU CU CU CU Fill waterward of the ordinary high water line 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 CU 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”, “CU” and “X” in MMC 20.62.020 1 Attachment A SMP Attachment A 20 of 90 Chapter 20.631 Shoreline General Development Standards2 3 Sections: 4 20.63.010 General provisions. 5 20.63.020 Maximum impervious surface. 6 20.63.030 Shoreline setbacks from Lake Washington. 7 20.63.040 Maximum height. 8 20.63.050 Development standards for divisions of land and lot line adjustments. 9 10 20.63.010 General provision. 11 12 A. The requirements in this chapter apply when a property owner or their representative13 initiates new development or redevelopment on their property. 14 B. Existing uses and/ or conditions not in compliance with the requirements of this chapter may15 continue unaffected subject to the limitations for nonconformity prescribed by the shoreline16 master program. 17 18 20.63.020 Maximum impervious surface. 19 20 A. The total impervious surface on a lot, including structures, shall not exceed the standards21 set forth in Table 20.63.020. 22 B. The pertinent maximum impervious surface standard is determined based upon the lot area23 in Table 20.63.020 and the corresponding shoreline environment designation. 24 C. Compliance with maximum impervious surface is determined as a percentage using the total25 impervious surface on the lot divided by the lot area including lot areas outside of the26 shoreline jurisdiction. 27 28 Table 20.63.020 Maximum Impervious Surface29 Lot Area Square feet) Sh o r e l i n e Re s i d e n t i a l Ur b a n Co n s e r v a n c y Aq u a t i c Tr a n s p o r t a t i o n 16,000 and less 55.0% 30% Not Applicable 80% 16,001 to 29,999 52.5% 30,000 and greater 50.0% 30 31 20.63.030 Shoreline setbacks from Lake Washington. 32 33 This section establishes the minimum shoreline setback requirements from Lake Washington. 34 A. Shoreline setbacks shall be determined in the following manner: 35 1. Where the map in Figure 20.63.030(A) designates a 30-foot shoreline setback, the36 minimum setback shall be 30 feet; 37 2. Where the map in Figure 20.63.030(A) designates a 30-foot shoreline setback with38 enhancements, the minimum setback shall be: 39 a. 30 feet if enhancements set forth in MMC 20.63.030(F) are provided; or40 Attachment A SMP Attachment A 21 of 90 b. 50 feet if enhancements set forth in MMC 20.63.030(F) are not provided; 1 3. Where the map in Figure 20.63.030(A) designates a 50-foot shoreline setback, the2 minimum setback shall be 50 feet; 3 4. Where the map in Figure 20.63.030(A) designates a stringline setback, the minimum4 setback shall be the distance to the stringline established pursuant to MMC5 20.63.030(D); and6 5. Exceptions to shoreline setbacks are allowed pursuant to MMC 20.63.030(C); 7 B. The shoreline setback is measured as: 8 1. The distance between the ordinary high water line to the closest point of any part of a9 building or structure; and10 2. The measurement is taken on a horizontal plane landward from the ordinary high water11 line in the direction that results in the greatest distance of the building or structure being12 setback from the ordinary high water line. 13 C. The following structures are allowed to protrude into a shoreline setback provided the14 structure is constructed and maintained in a manner that avoids or mitigates adverse15 impacts to shoreline ecological functions: 16 1. Pedestrian walkways, provided the total impervious surface is the minimum reasonably17 necessary to provide access to the shoreline; 18 2. Those parts of water-dependent development that require improvements to be adjacent19 to the water’s edge, such as boat ramps and similar structures, but not including20 cabanas, changing rooms, covered patios, or similar types of sheltered structures; 21 3. Facilities for public access to the water and similar water-enjoyment recreational uses; 22 4. Utilities which are located underground, except as required otherwise by Chapter 20.6723 MMC, and are accessory to a shoreline use; 24 5. Bio-retention swales, rain gardens, and other similar bio-retention systems that allow25 filtration of water through vegetation; 26 6. Infiltration systems for surface water, such as vaults and similar structural improvements, 27 where installation occurs as far from the ordinary high water line as feasible; 28 7. Uncovered decks and patios provided: 29 a. No part of the structure exceeds 30 inches in height above the existing grade; 30 b. No part of the structure is closer than 30 feet from the ordinary high water line; 31 c. Total surface area does not exceed 500 square feet inside of the setback area for all32 decks, patios and similar improvements; 33 d. Materials allow water to easily pass through to the ground (example: wood decking34 with gaps between the boards and pervious ground surface below); and35 e. Within the 70 to 125-foot stringline setback area, the requirements set forth in MMC36 20.63.030(C)(7)(b) and (c) may be modified to allow uncovered decks and patios to: 37 i. Protrude into the shoreline setback area provided no part of the structure is38 closer than 50 feet from the ordinary high water line; and39 ii. The total surface area of decks, patios and similar improvements inside of the40 setback area does not exceed 15 percent of the total shoreline setback area; 41 8. Small outdoor fire pits, picnic tables, benches and similar recreational features; 42 9. Fences and walls, which are erected consistent with zoning requirements (substituting43 rear property line setback with shoreline setback requirements) provided: 44 i. It does not interfere with shoreline vegetation required for mitigation; 45 ii. It does not act as a shoreline stabilization measure; 46 10. Essential public facilities that are water-dependent and must cross the shoreline; and47 11. Legally established shoreline stabilization measures. 48 D. Where the map in Figure 20.63.030(A) designates a stringline setback: 49 1. A stringline is established by drawing a straight line between the two points where the50 primary single-family dwelling on each of the adjoining shoreline lots each projects the51 Attachment A SMP Attachment A 22 of 90 greatest towards and is the closest to the ordinary high water line, including attached1 structures (e.g., decks or stairs) that are 30 inches in height or greater above the existing2 grade; and3 2. The minimum shoreline setback is the distance between the stringline and the ordinary4 high water line (see diagram in Figure 20.63.030(D); and5 3. If the map in Figure 20.63.030(A) designates a 30- to 50-foot stringline setback: 6 a. Where the stringline is closer than 30 feet, the minimum setback from the ordinary7 high water line shall be 30 feet; 8 b. Where the stringline is greater than 50 feet, the maximum setback required from the9 ordinary high water line shall be 50 feet; or10 4. If the map in Figure 20.63.030(A) designates a 70- to 125-foot stringline setback: 11 a. Where the stringline is closer than 70 feet, the minimum setback from the ordinary12 high water line shall be 70 feet; 13 b. Where the stringline is greater than 125 feet, the maximum setback required from the14 ordinary high water line shall be 125 feet; 15 5. If a stringline cannot be established because an adjoining shoreline lot does not contain16 a single-family dwelling within the shoreline jurisdiction, the following shall apply: 17 a. The shoreline setback shall be 25 percent of the lot depth, subject to the setback18 limitations set forth in MMC 20.63.030(D)(3) and (4); and19 b. For the purpose of this provision: 20 i. The lot depth is established by measuring the distance between the ordinary high21 water line where the land extends the greatest waterward and the boundary line22 of the lot farthest from the ordinary high water line; and23 ii. The resulting setback is applied in the same manner as prescribed in MMC24 20.63.030(B); 25 6. Where more than one point of a primary dwelling is equally closest to the ordinary high26 water line, the property owner subject to the stringline setback may choose which point27 to draw the stringline from; 28 29 Figure 20.63.030(D) Stringline Setback Diagram30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Roof/ Gutter Primary Dwelling Primary Dwelling Closest Point Deck Closest Point Lake Washington Lot Line Ordinary High Water Line Setback Area Stringline Attachment A SMP Attachment A 23 of 90 E. Shallow lot exception. 1 1. Where a lot has the following conditions, the requirements set forth in MMC2 20.63.030(A) and (D) shall not apply and the minimum setback between the closet point3 of building and structures from the ordinary high water line shall be 30 feet without4 enhancements: 5 a. The depth of the lot is less than 150 feet; and6 b. The net buildable area of the lot is 8,200 square feet or less. 7 2. For the purposes of this provision, the depth of the lot shall be determined by: 8 a. Measuring the distance of a horizontal line drawn midway between the side property9 lines between the ordinary high water line and the front lot line; and10 b. If the lot is irregular in shape, or has fewer than two side lot lines, the midway will be11 determined in the most reasonable manner based on the lot lines that intersect the12 ordinary high water line. 13 3. The net buildable area is the area of a lot contained within the setback limits where14 buildings and structures may be placed, excluding any critical areas that are unbuildable. 15 F. Where MMC 20.63.030(A)(2) requires enhancements for a 30-foot setback, the following16 shall be implemented: 17 1. Install a vegetative planting area in accordance with the following (see diagram in Figure18 20.63.030(F)(1)): 19 a The planting area shall extend along the frontage of the lot adjoining the water; 20 b. The average width measured from the ordinary high water line of the planting area21 shall be 10 feet with no measurement less than five feet; 22 c. At least 75 percent of the planting area shall be covered by vegetation; 23 d. Plantings shall consist of native species with at least 50 percent of the area planted24 with vegetation other than grasses such as shrubs and bushes; 25 e. The remaining 25 percent of the planting area may be planted with non-native26 species and/ or contain inanimate materials such as landscape rocks and hardened27 walkways; 28 f. Where existing native species plants are preserved in the planting area, the native29 species plants may count towards the 75 percent planting coverage, including30 vegetation installed previously as part of a prior development activity. 31 32 Figure 20.63.030(F)(1) Planting Area Diagram33 34 35 36 37 38 39 40 41 42 43 44 45 2. In lieu of the planting requirements in MMC 20.63.030(F)(1), the City shall accept an46 alternative planting plan provided: 47 a. The alternative planting plan shall provide at least as effective protection of shoreline48 ecological functions as the required planting plan; 49 b. The alternative planting plan is prepared by a qualified professional who can verify50 the equivalent protection of shoreline ecological functions; and51 25% Non-Native Species/ Other Ordinary High Water LineAverageWidth 10 feet Lake Washington 75% Native Species Attachment A SMP Attachment A 24 of 90 c. See Figure 20.63.030(F)(2) for an illustration of an alternative planting plan; 1 2 Figure 20.63.030(F)(2) Alternative Planting Area3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3. The use of artificial chemicals including pesticides, herbicides and fertilizers shall be18 prohibited (organic plant treatments are acceptable) within the shoreline setback area; 19 4. The shoreline enhancements required under this subsection are in addition to shoreline20 enhancements and/ or mitigation measures required elsewhere in the shoreline master21 program to obtain a permit approval from the City; 22 5. All planting plans shall be prepared by a qualified professional and submitted to the City23 for approval consistent with the requirements of this Subsection; 24 6. All planting plans must include maintenance and monitoring provisions, including, but not25 limited to the following: 26 a. An outline of the schedule for site monitoring; 27 b. Performance standards including, but not limited to, 100 percent survival of newly28 planted vegetation within the first two years of planting, and 80 percent for years29 three or more; 30 c. Contingency plans identifying courses of action and any corrective measures to be31 taken if monitoring or evaluation indicates performance standards have not been32 met; 33 d. The period of time necessary to establish that performance standards have been34 met; not to be less than three years; 35 7. After shoreline enhancements are completed: 36 a. The final approved setback and corresponding conditions shall be recorded at the37 King County Recorder’s Office; and38 b. The document for recording shall meet state and King County recording39 requirements with evidence of the recording submitted to the City; and40 8. The City may require a financial security pursuant to MMC 20.66.120 as a guarantee41 that the enhancements, maintenance and monitoring are completed to the satisfaction of42 the City. 43 44 20.63.040 Maximum height. 45 46 A. Table 20.63.040 establishes the maximum height of structures permitted within each47 shoreline environment designation as it corresponds to the zoning district where the48 structure is located. 49 50 51 Planting Areas Ordinary High Water Line Lake Washington Note: Alternative must provide equivalent ecological functions protections Attachment A SMP Attachment A 25 of 90 Table 20.63.040 Maximum Height1 Zoning District Sh o r e l i n e Re s i d e n t i a l Ur b a n Co n s e r v a n c y Aq u a t i c Tr a n s p o r t a t i o n R-16 District 30 feet 30 feet See MMC 20.63.040(C) Per approval of a Conditional Use Permit R-20 District 35 feet 35 feet R-30 District 35 feet 35 feet Parks & Public Places 35 feet 35 feet Primary State Highway Not applicable Other Zoning Districts Not applicable 2 B. In addition to the height requirements in Table 20.63.040, structures landward of the3 ordinary high water line are subject to the height limitations of the zoning district where the4 structure is located. 5 C. The height of all structures within the Aquatic environment designation shall be the minimum6 necessary for the proposed use, except as provided otherwise by law. 7 D. The maximum height in Table 20.63.040 shall not apply to: 8 1. Communication antennas; 9 2. Chimneys; 10 3. Flag poles; 11 4. Temporary structures utilized during construction; and12 4. Similar appurtenances identified in this subsection, except where such appurtenances13 obstruct the view of the shoreline of a substantial number of residences on areas14 adjoining such shorelines. 15 16 20.63.050 Development standards for divisions of land and lot line adjustments. 17 18 This section shall only apply to lots located in part or in whole within the shoreline jurisdiction19 and which are being divided or having lot lines adjusted after (effective date of the ordinance). 20 A. The following lot standards shall apply: 21 1. Minimum lot area: 22 a. Table 20.63.050(A)(1) prescribes the minimum lot area for lots in each shoreline23 environment as it corresponds to the zoning district where the lot is located: 24 25 26 Attachment A SMP Attachment A 26 of 90 Table 20.63.050(A)(1) Minimum Lot Area1 Zoning District Sh o r e l i n e Re s i d e n t i a l Ur b a n Co n s e r v a n c y Aq u a t i c Tr a n s p o r t a t i o n R-16 District 16,000 square feet Not Applicable Not Applicable R-20 District 20,000 square feet None R-30 District 30,000 square feet Not ApplicableParks & Public Places None Primary State Highway Not Applicable None Other Zoning Districts Not applicable 2 b. The lot areas in Table 20.63.050(A)(1) include land areas within the boundaries of3 the lot outside of the shoreline jurisdiction; 4 c. Minimum lot area shall not apply to tracts of land restricted to providing shared or5 public shoreline access, ingress and egress, or tracts of land set aside to preserve6 and protect natural areas or critical areas; and7 d. The high bank steep slope exception set forth in MMC 17.40.070 shall not apply to8 lots located within the shoreline jurisdiction. 9 2. Minimum water frontage/ lot width: 10 a. Table 20.63.050(A)(2) prescribes the minimum water frontage and lot width11 requirements for lots in each shoreline environment as it corresponds to the zoning12 district where the lot is located: 13 14 Table 20.63.050(A)(2) Minimum Water Frontage/ Lot Width15 Zoning District Sh o r e l i n e Re s i d e n t i a l Ur b a n Co n s e r v a n c y Aq u a t i c Tr a n s p o r t a t i o n R-16 District 55 feet 55 feet Not Applicable Not Applicable R-20 District 75 feet 75 feet None R-30 District 95 feet 120 feet Not ApplicableParks & Public Places Not Applicable 120 feet Primary State Highway Not applicable None Other Zoning Districts Not applicable 16 17 Attachment A SMP Attachment A 27 of 90 b. Lot width is measured as the mean horizontal distance between the side lot lines1 where the building envelope is located, except were a lot is irregularly shaped (i.e. 2 less than two side lot lines) the lot width may be determined using lot lines3 corresponding to the longer dimensions of the lot; 4 c. Water frontage is measured in the following manner (see diagrams in Figure5 20.63.050(A)): 6 i. The two property lines intersecting the ordinary high water line shall be continued7 waterward in a straight line; and8 ii. A centerline bisecting equal distances between the two property lines shall be9 established; and10 iii. A straight line perpendicular to the centerline shall be drawn between the two11 property lines with at least one end of the straight line affixed to a point where the12 ordinary high water line intersects one of the property lines; and13 iv. The water frontage shall be measured as the length of the straight line created in14 MMC 20.63.050(A)(2)(c)(iii). 15 16 Figure 20.63.050(A) Measuring Water Frontage17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 d. If a lot, as a result of an action under this Section, will no longer adjoin Lake44 Washington, the minimum water frontage requirement will not apply. 45 e. Lots are not deemed nonconforming for failure to meet the minimum water frontage46 or lot width requirements. 47 B. The following exceptions to the lot standards in MMC 20.63.050(A) are allowed: 48 1. Minimum lot area: A lot line adjustment may be approved with lots having less than the49 minimum lot area provided: 50 CenterlinePropertyLine 90° Property Line 90° Centerline Intersection property line/ ordinary high water line Intersection property line/ ordinary high water line Water Frontage Water Frontage Attachment A SMP Attachment A 28 of 90 a. At least one of the existing lots has less than the required lot area set forth in Table1 20.63.050(A)(1); and2 b. The final lot configuration will neither cause an existing lot to have less than the3 existing substandard lot area nor cause an existing lot having the required lot area to4 have less than the required minimum lot area; or5 c. If two or more existing lots have less than the required lot area set forth in Table6 20.63.050(A)(1), then the final lot configuration can include more than one lot having7 less than the required lot area provided: 8 i. Only one substandard lot in the final configuration has its lot area reduced to less9 than its existing lot area; and10 ii. The reduced lot area is not less than that of the existing smallest lot; and11 iii. The number of lots having less than the required lot area is not increased in the12 final lot configuration. 13 2. Minimum water frontage: A lot line adjustment or a division of land may be approved with14 less than the required water frontage provided: 15 a. At least one of the existing lots has less than the required water frontage set forth in16 Table 20.63.050(A)(2); and17 b. The final lot configuration will neither cause an existing lot adjoining the lake to have18 less than the existing substandard water frontage nor cause a lot having the required19 water frontage to have less than the required minimum water frontage; or20 c. If two or more existing lots have less than the required water frontage set forth in21 Table 20.63.050(A)(2) then the final lot configuration can include more than one lot22 adjoining the lake having less than the required water frontage provided: 23 i. Only one lot in the final configuration has a substandard water frontage reduced24 to less than its existing water frontage; and25 ii. The lot with the reduced water frontage does not have a water frontage less than26 the existing lot with the smallest water frontage; 27 iii. The number of lots having less than the required water frontage is not increased28 in the final lot configuration; and29 3. In addition to MMC 20.63.050(B)(2), any lot line adjustment or division of land may be30 approved having lots with less than the required water frontage set forth in Table31 20.63.050(A)(2) provided: 32 a. The purpose of the action is to promote passive recreational use of the shoreline; 33 b. All future in-water development and structures and all development and structures34 within 50 of the ordinary high water line are prohibited, except: 35 i. Development and structures associated with wildlife habitat restoration and/ or36 enhancements; and37 ii. Stormwater drainage pipes and outfalls, underground utilities, and small38 uncovered outdoor fire pits, picnic tables, and benches; 39 c. All existing in-water structures and structures within 50 feet of the ordinary high water40 line on the property are removed, except41 i. Improvements associated with wildlife habitat enhancements; 42 ii. Stormwater drainage pipes and outfalls, underground utilities, and small outdoor43 fire pits, picnic tables, and benches; 44 iii. Authorized shoreline stabilization measures; 45 d. A deed restriction prohibiting future development consistent with MMC46 20.63.050(B)(3)(b) is placed upon the property and recorded with King County47 Records Office with evidence of the deed restriction submitted to the City; 48 e. The lot line adjustment or division of land does not cause another lot adjoining the49 lake to have less than the required water frontage. 50 Attachment A SMP Attachment A 29 of 90 4. Minimum lot area and water frontage requirements prescribed by this subsection shall1 not apply to lots permanently eliminated through a lot consolidation action. 2 C. In addition to the requirements prescribed in this Section, lot line adjustments and divisions3 of land must also comply with other applicable provisions of the shoreline master program4 and other applicable provisions of the Medina Municipal Code. 5 6 Attachment A SMP Attachment A 30 of 90 1 Figure 20.63.030(A): Shoreline Setbacks Shoreline Setback Areas 30’ Setback 30’ Setback with enhancements 50’ Setback 30’-50’ Stringline Setback 70’-125’ Stringline Setback North Attachment A SMP Attachment A 31 of 90 Chapter 20.641 Use Specific Shoreline Development Standards2 3 Sections: 4 20.64.010 Residential development. 5 20.64.020 Recreational development. 6 20.64.030 Community boating facilities. 7 20.64.040 City government facilities. 8 20.64.050 Transportation facilities. 9 20.64.060 Utilities. 10 20.64.080 Signage. 11 20.64.090 Trams. 12 13 20.64.010 Residential development. 14 15 The following requirements apply to residential development: 16 A. Residential development is permitted pursuant to the use table set forth in MMC 20.62.030; 17 B. Residential development shall comply with the policies and regulations for the specific18 shoreline environment designation, applicable development regulations, and the general19 shoreline regulations prescribed in Chapter 20.66 MMC; 20 C. Overwater residential development such as houseboats and live-aboard vessels are21 prohibited; and22 D. Fences shall not extend waterward of the ordinary high water line. 23 24 20.64.020 Recreational development. 25 26 The following requirements apply to recreational development for public use including passive27 facilities for walking, viewing, and fishing, and active facilities for swimming, boating, and other28 outdoor recreational uses: 29 A. Recreational development is permitted pursuant to the use table set forth in MMC30 20.62.030; 31 B. Recreational development shall comply with the policies and regulations for the specific32 shoreline environment designation, applicable development regulations, and the general33 shoreline regulations prescribed in Chapter 20.66 MMC; 34 C. Recreational development shall make adequate provisions for the following: 35 1. Access for pedestrian and bicycles; 36 2. Landscaping, fencing or similar amenities that prevents trespassing onto adjacent37 properties; 38 3. Signage; 39 4. Measures that protect and/ or restore environmentally sensitive areas and assure no net40 loss of shoreline ecological functions and processes pursuant to the analysis in MMC41 20.66.010; and42 5. Other measures, as necessary, to minimize adverse impacts on adjacent properties; 43 D. Shoreline areas with specific valuable shoreline ecological functions, such as a designated44 wildlife habitat conservation area, shall be used only for non-intensive recreational activities45 that do not involve the construction of structures, except as necessary for wildlife habitat46 restoration; 47 E. Boat launching facilities may be developed pursuant to the use table set forth in MMC48 20.62.030, however, such facilities shall be separated from swimming areas and be49 developed consistent with the requirements in MMC 20.64.030(C); and50 Attachment A SMP Attachment A 32 of 90 F. New or expanded recreational development shall provide public access pursuant to MMC1 20.66.040, where feasible. 2 3 20.64.030 Community boating facilities. 4 5 The following requirements apply to public facilities, and private and semi-private community6 boating facilities that serve five or more single-family dwellings: 7 A. Boating facilities must be located and designed to: 8 1. Avoid or minimize impacts to shoreline ecological functions; 9 2. Not block, obstruct or make dangerous designated public shoreline access; 10 3. Not significantly impact views of nearby residential properties; 11 4. Limit overwater coverage to the minimum necessary to accommodate anticipated12 demand; 13 5. Result in minimum shoreline stabilization being necessary to protect the facility; 14 6. Follow the standards in Chapter 20.65 MMC (Shoreline Modifications), as applicable; 15 and16 7. Not result in a net loss of shoreline ecological functions or other significant adverse17 impacts. 18 B. Boat launches requirements: 19 1. All boat launches shall comply with regulations stipulated by state and federal agencies20 or other agencies with jurisdiction; 21 2. The length of a boat launch shall be the minimum necessary to safely launch the22 intended craft; 23 3. In no case shall the ramp of a boat launch extend beyond where the water depth is 624 feet below the low high water line for Lake Washington, except where the City25 determines a greater depth is necessary for boats launching at a public facility; 26 4. Design requirements: 27 a. A boat launch designed for non-motorized boats shall be constructed using gravel or28 other similar natural material; or29 b. A boat launch designed for motorized boats shall be constructed using any of the30 following, listed in order of preference: 31 i. Open grid design with minimum coverage of lake substrate; 32 ii. Seasonal ramps that can be removed and stored upland; and/ or33 iii. Structures with segmented pads and flexible connections that leave space for34 natural beach substrate and can adapt to changes in shoreline profile; 35 c. As an alternative, a less impactful design approved by state agencies may be36 accepted by the City. 37 38 20.64.040 City government facilities. 39 40 The following requirements apply to Medina government facilities: 41 A. City government facilities, including accessory uses, shall be permitted pursuant to the use42 table set forth in MMC 20.62.030; and43 B. City government facilities shall comply with the policies and regulations for the specific44 shoreline environment designation, applicable zoning regulations, and the general shoreline45 regulations in Chapter 20.66 MMC. 46 47 20.64.050 Transportation facilities. 48 49 The following requirements apply to local and state transportation facilities: 50 Attachment A SMP Attachment A 33 of 90 A. Local and state transportation facilities are permitted pursuant to the use table set forth in1 MMC 20.62.030. 2 B. All transportation facilities shall comply with the policies and regulations for the specific3 shoreline environment designation, and the general shoreline regulations in Chapter 20.664 MMC. 5 C. The following standards are specific to transportation facilities: 6 1. Transportation facilities shall be limited to existing transportation corridors; 7 2. All new and expansion of existing transportation facilities must meet the following8 conditions: 9 a. No reasonable alternative locations for the transportation facility are feasible; 10 b. The construction and maintenance of the transportation facility will have the least11 adverse impact on the shoreline area and shoreline ecological functions; and12 c. The transportation facility is necessary for the public interest. 13 3. Except for transportation facilities designated under RCW 47.05.022 as highways of14 statewide significance (e.g., State Route 520), the construction of new roads shall be the15 minimum necessary to support permitted shoreline uses; 16 4. Highways of statewide significance shall be designed consistent with federal and state17 agency approvals; 18 5. All transportation facilities within the shoreline area shall be designed to minimize19 impacts to wildlife habitat and allow fish passage where applicable; 20 D. Construction and maintenance of transportation facilities: 21 1. All debris and other waste materials shall be disposed of in such a way as to prevent22 their entry into any water body; 23 2. Areas disturbed by construction and maintenance activities shall be replanted and24 stabilized with approved riparian vegetation immediately upon completion of the activity. 25 The vegetation shall be maintained until established; 26 3. Mechanical means should be utilized to the greatest extent feasible instead of herbicides27 for roadside brush control; and28 4. Drainage and surface water runoff shall be controlled so that pollutants will not be29 carried into water bodies; 30 E. Transportation and utility facilities shall be required to make joint use of rights-of-way, and to31 consolidate crossings of water bodies to minimize adverse impacts to the shoreline; 32 F. Street ends and right-of-way abutting Lake Washington and located within the shoreline33 jurisdiction are prohibited from being vacated, unless the vacation enables the City to34 implement a plan that provides comparable or improved public access to the same shoreline35 pursuant to RCW 35.79.035; and36 G. Public street ends that abut Lake Washington shall be used for public access or recreational37 purposes. 38 39 20.64.060 Utilities. 40 41 The following requirements apply to utilities within the shoreline jurisdiction: 42 A. Utilities are allowed pursuant to the use table set forth in MMC 20.62.030; 43 B. All utilities shall comply with the policies and regulations for the specific shoreline44 environment designation, and the general shoreline regulations in Chapter 20.66 MMC; 45 C. Local public water, electrical, natural gas distribution, public sewer collection, cable and46 telephone distribution that are accessory and incidental to a permitted shoreline use shall be47 reviewed under the shoreline use to which the utilities are accessory; 48 D. Regional utility facilities involved in production, processing and transmission shall be located49 outside of the shoreline jurisdiction unless no other feasible option exists; 50 Attachment A SMP Attachment A 34 of 90 E. Where it is not feasible to locate regional utility facilities outside of the shoreline jurisdiction, 1 they shall be placed so as to not adversely impact shoreline ecological functions or obstruct2 views of a significant number of nearby residential properties; 3 F. Utilities, which are not accessory and incidental to a permitted shoreline use, must make use4 of existing rights-of-way or utility easement corridors whenever possible and should avoid5 duplication and construction of new utility corridors within the shoreline jurisdiction; 6 G. New utility corridors may be authorized only if it can be demonstrated that the existing7 routes are not feasible; 8 H. Whenever feasible, utility lines, pipes, conduits, cables, meters, vaults, and similar9 infrastructure and appurtenances shall be placed underground to the maximum extent10 feasible; 11 I. The location and construction of outfalls shall comply with appropriate federal, state, county12 and city regulations; 13 J. Natural drainage systems shall be maintained, enhanced and restored to protect water14 quality, reduce flooding, reduce public costs and prevent associated environmental15 degradation for a no net loss of shoreline ecological functions; and16 K. Wireless communication facilities are permitted pursuant to the use table in MMC 20.62.030, 17 the zoning requirements set forth in Chapter 17.90 MMC, and provided they do not obstruct18 the views of Lake Washington of a substantial number of nearby residences. 19 20 20.64.070 Signage. 21 22 In addition to the requirements for signs found in the zoning regulations, the following23 requirements shall apply to signage located within the shoreline jurisdiction: 24 A. Signs shall be located in a manner not to significantly interfere or block views of Lake25 Washington from nearby properties; 26 B. Permanent signs erected within a residential environment designation shall not exceed a27 maximum of two square feet in sign area (face of the sign containing the message, logo or28 other identification); 29 C. Properties with a residential environment designation shall be limited to not more than one30 permanent sign for each dwelling unit, except this limitation shall not apply to signs related31 to water navigation, signs necessary for operation, safety and directions, or signs solely32 displaying the address of a residence; 33 D. Signs shall be affixed to a pier or be wall-mounted; 34 E. Free-standing signs are prohibited, except one free-standing temporary real estate sign may35 be allowed; 36 F. Signage lighting shall be limited to a low-wattage external light source that does not direct37 lighting towards neighboring properties or Lake Washington; and38 G. Except where allowed in MMC 20.64.070(F), other forms of signage lighting are prohibited; 39 and40 H. Address numbering and letters shall meet fire code requirements. 41 42 20.64.080 Trams. 43 44 The following requirements apply to the installation and operation of trams: 45 A. The installation of a tram shall be limited only to steep slope areas as defined in Chapter46 20.67 MMC; 47 B. Construction of the tram and installation of associated equipment must minimize disruption48 of natural drainage patterns and removal of vegetation on the steep slope; 49 Attachment A SMP Attachment A 35 of 90 C. The tram and or landing for the tram must comply with shoreline setback, except the tram1 and/ or landing may be placed within a shoreline setback without the requirement for a2 shoreline variance provided the following can be demonstrated: 3 1. There are no practical alternative locations to avoid placement of the tram within a4 shoreline setback; 5 2. The existing topography makes it infeasible to place the tram or landing outside of the6 shoreline setback; 7 3. The intrusion into the shoreline setback is the minimum necessary; and8 4. Mitigation is provided based upon a no net loss analysis set forth in MMC 20.66.0109 assuring no net loss to shoreline ecological functions. 10 11 12 13 14 15 16 Attachment A SMP Attachment A 36 of 90 Chapter 20.651 Shoreline Modifications2 3 Sections4 20.65.010 General provisions applicable to all shoreline modifications. 5 20.65.020 Overwater structures – general provisions. 6 20.65.030 Piers, docks, buoys, moorage piles, swim floats – application. 7 20.65.040 Design standards for piers, docks, buoys, moorage piles, swim floats. 8 20.65.050 Alternative design standards for piers, docks, buoys, moorage piles, swim9 floats. 10 20.65.060 Modifications to overwater structures. 11 20.65.070 Repair and maintenance of overwater structures. 12 20.65.100 Covered moorage and boatlifts. 13 20.65.200 Shoreline stabilization – general provisions. 14 20.65.210 Structural shoreline stabilization – all. 15 20.65.220 Structural shoreline stabilization – new and enlargements. 16 20.65.230 Structural shoreline stabilization – replacement of existing. 17 20.65.240 Structural shoreline stabilization – repair of existing. 18 20.65.250 Structural shoreline stabilization – design requirements. 19 20.65.260 Hard structural shoreline stabilization mitigation requirements. 20 20.65.270 Structural shoreline stabilization – limitations on authorization. 21 20.65.280 Submittal requirements for structural shoreline stabilization. 22 20.65.300 Dredging and disposal. 23 20.65.400 Breakwaters, jetties, groins. 24 20.65.500 Fill. 25 20.65.600 Land surface modification. 26 27 20.65.010 General provisions applicable to all shoreline modifications. 28 29 The following shall apply to all shoreline modifications expressed under this chapter: 30 A. The shoreline modification must support an allowed shoreline use or are for the purpose of31 shoreline mitigation and/ or shoreline enhancement; 32 B. The shoreline modification must comply with the policies and regulations of the specific33 shoreline environment designation and the general shoreline regulations found in Chapter34 20.66 MMC; and35 C. The shoreline modification must be constructed and maintained in a safe and sound36 condition and any structures determined to be unsafe or abandoned shall be removed, 37 repaired, or have the unsafe conditions remedied immediately by the property owner. 38 39 20.65.020 Overwater structures – general provisions. 40 41 The following requirements apply to all overwater structures including piers, docks, buoys, 42 moorage piles, boatlifts, floats, and similar types of structures: 43 A. Only one pier or dock plus one float is allowed per lot; limitations on other overwater44 structures shall be as prescribed by this chapter; 45 B. Overwater structures must support a permitted shoreline use, but may be located off-site46 from the principal use provided the lots containing the overwater structure and the principal47 use are located contiguous to each other and have the same distinct property ownership; 48 C. The Director may waive the limitation in MMC 20.65.020(B) requiring lots to be contiguous if49 the overwater structure provides shoreline access to the general public, or the overwater50 Attachment A SMP Attachment A 37 of 90 structure provides shoreline access to three or more single-family dwellings under distinctly1 separate ownerships; 2 D. Where a new residential development has one of the following conditions, a joint-use pier or3 dock is required rather than individual piers or docks: 4 1. Divisions of land into two or more lots where waterfront access is provided to the new5 lots; or6 2. Development of two or more single-family dwellings under distinctly separate property7 owners where waterfront access is provided to the new dwellings; 8 E. The Director may waive the limitation in MMC 20.65.020(D) requiring a joint-use pier or dock9 if the applicant can demonstrate a joint-use pier or dock is not feasible because of10 topography or environmental constraints; 11 F. Renting, leasing or selling moorage space to a party different than the property owner or a12 tenant renting or leasing the property where the moorage is located is prohibited. 13 G. Figure 20.65.020 illustrates the different elements of a typical pier or dock. 14 15 Figure 20.65.020 Diagram of Typical Pier/ Dock Elements16 17 18 19 20 21 22 23 24 25 26 27 28 20.65.030 Piers, docks, buoys, moorage piles, swim floats – application. 29 30 It is recognized in the Medina Comprehensive Plan that the City is a mature nearly built-out31 residential community. This nearly built-out condition includes development running along the32 City’s shoreline. In recognition of the existing built-out conditions and the requirements set forth33 in the state’s shoreline guidelines, this chapter establishes multi-level design standards34 applicable to piers, docks, buoys, moorage piles and swim floats. 35 A. Where a property owner can demonstrate that a pier or dock was legally established prior to36 effective date of the ordinance), the dimensional and design standards for existing37 overwater structures set forth in Table 20.65.040 shall apply. 38 B. Where a property owner cannot demonstrate that a pier or dock was legally established39 prior to (effective date of the ordinance), the dimensional and design standards for new40 overwater structures set forth in Table 20.65.040 shall apply. 41 C. As an alternative to the dimensional and design standards set forth in Table 20.65.040, an42 alternative design approved pursuant to MMC 20.65.050 may be accepted by the City43 regardless of the date a pier or dock is established. 44 D. The property owner has the burden of proof to demonstrate when a pier or dock was legally45 established. 46 E. The compliance of a pier or dock to required dimensional and design standards is resolved47 by which dimensional and design standards apply to a particular pier or dock as determined48 pursuant to MMC 20.65.030(A), (B) or (C). 49 F. Table 20.65.030 provides a user’s guide of the requirements that apply to all piers, docks, 50 buoys, moorage piles, and swim floats (the table is informational only): 51 Ell Finger Ordinary High Water Line Walkway Float Decking Attachment A SMP Attachment A 38 of 90 Table 20.65.030 User’s Guide of Pier and Dock Standards1 Date Pier or Dock is Established Type of Construction Applicable Standards Before (date of ordinance) Replacement Existing structures requirements in MMC 20.65.040; or Alternative design requirements in MMC 20.65.050 Modifications/ Additions Replacement requirements above plus requirements in MMC 20.65.060; Nonconforming requirements in MMC 20.66.090 if existing structure requirements apply and the pier or dock is noncompliant Repair/ Maintenance Work must be consistent with applicable requirement above for replacement; or Nonconforming requirements in MMC 20.65.070 and 20.66.090 if existing structures requirements apply and the pier or dock is noncompliant date of ordinance) and later New New structures requirements in MMC 20.65.040; or Alternative design requirements in MMC 20.65.050 Modifications/ Additions Requirement above for applicable new structures plus requirements in MMC 20.65.060; Repair/ Maintenance Work must be consistent with applicable requirement above for new 2 20.65.040 Design Standards for piers, docks, buoys, moorage piles and floats. 3 4 A. Table 20.65.040 set forth the dimensional and design standards that apply to piers, docks, 5 buoys, moorage piles, and floats established under MMC 20.65.030(A) and (B). 6 7 Table 20.65.040 Overwater Structure Dimensional & Design Standards8 Description Requirements New Structures See MMC 20.65.030(B)) Existing Structures See MMC 20.65.030(A)) Maximum Overwater Surface Coverage 1 Single property owner 480 square feet 2 1,200 square feet Shared/ Joint-use by two property owners 700 square feet 2 1,400 square feet Shared/ Joint-use by more than two property owners 1,000 square feet 2 1,500 square feet Public Minimum necessary for reasonable use Minimum Setback from Side Property Lines Single property owner 12 feet 12 feet Shared/ Joint-use where straddling a common property line None None 9 Attachment A SMP Attachment A 39 of 90 Shared/ Joint-use where not straddling a common property line 12 feet 12 feet Maximum Length Farthest extension point of all structures from the ordinary high water line (See MMC 20.65.040(D) 100 feet 100 feet Ell 26 None Fingers and Floating Decking 20 None Maximum Width Walkway, located within 30 feet waterward of the ordinary high water line 4 feet Existing width or 4 feet, whichever is greater, but not more than 6 feet where existing width is greater than 6 feet Walkway, located greater than 30 feet waterward of the ordinary high water line 6 feet None Ell and Floating Decking 6 feet None Finger 2 feet None Height Minimum height above the ordinary high water line and the bottom of the stringers on a pier 1 ½ feet 1 ½ feet Minimum height of non-pier structures None None Maximum height above the ordinary high water line and the top of the decking of a pier 5 feet 5 feet Maximum height of piles: 3 Above the top of a pier Others – above the ordinary high water line 5 feet 7 feet 5 feet 7 feet Maximum height of safety railing above surface decking 4 3 ½ feet 3 ½ feet Walls, sheathing, lockers (except horizontal lockers not exceed in two feet in height) and similar construction not listed Prohibited Location of specific structures Minimum distance of ells, fingers, buoys, moorage piles, and/ or floats waterward from the ordinary high water line 30 feet 30 feet Minimum distance of all piles, except moorage piles, waterward from the ordinary high water line 18 feet 18 feet Pier skirting Allowed only when it can be demonstrated to be necessary for protection from wave action and no reasonable alternatives exist Minimum distance from the ordinary high water line 30 feet 30 feet 1 Attachment A SMP Attachment A 40 of 90 Maximum depth below the ordinary high water line 3 feet 3 feet Where installed, the minimum area of the skirting that must be maintained as open space 50 percent 50 percent Materials Decking for piers, docks, floats and platform lifts Grating or other materials that allow a minimum 40 percent light to transmit through Decking for floats where full grating or use of translucent materials is not practical Minimum two-foot wide grating strip located down the center of the entire float that allows 40 percent light to transmit through the grating Piles, buoys, moorage piles, skirting and similar structures Treatment with pentachlorophenol, creosote, chromate copper arsenate, or similar toxic compounds are prohibited Notes: 1. Maximum overwater surface coverage includes float, ramp, ell, finger, and walkway. 2. See MMC 20.65.040(B) for allowances to increase overwater surface coverage. 3. Includes pier piles and moorage piles. 4. Safety railing shall be designed to providing maximum opening to allow air and light to pass through. 1 B. Where a new pier or dock is established pursuant to MMC 20.65.030(A), the maximum2 overwater surface coverage in Table 20.65.040 may be increased to the following standards3 provided the conditions in MMC 20.65.040(C) are satisfied: 4 1. Single-property ownership: 900 square feet; 5 2. Shared/ Joint-use by two property owners: 1,150 square feet; or6 3. Shared/ Joint-use by more than two property owners: 1,400 square feet. 7 C. An increase to the maximum overwater surface coverage is allowed, where: 8 1. The increase is the minimum necessary for access to vessels; 9 2. The increase receives the necessary federal and state agency approvals; and10 3. Mitigation is provided in addition to that required by MMC 20.65.040(E), which11 demonstrates the additional overwater surface coverage will result in no net loss of12 shoreline ecological functions pursuant to an analysis in MMC 20.66.010; and13 4. Other applicable provisions of the shoreline master program are met. 14 D. The maximum length prescribed in Table 20.65.040 is measured in the following manner: 15 1. The length is measured along a centerline established by bisecting equally the pier or16 dock’s walkway width; 17 2. Where the centerline intersects the ordinary high water line shall be designated the point18 of origin; 19 3. The centerline continues from the point of origin along a straight line to an end point20 designated where a straight line drawn perpendicular to the centerline touches the21 farthest point waterward from the point of origin of any in-water/overwater structures22 associated with the property; and23 4. The length is measured as the distance of the centerline between the point of origin and24 the end point (See diagrams in Figure 20.65.040(D)). 25 26 27 Attachment A SMP Attachment A 41 of 90 Figure 20.65.040(D) 1 Maximum Length of Overwater Structures2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 E. Where a new pier or dock is established pursuant to MMC 20.65.030(A), the following22 mitigation measures are required to be taken: 23 1. Remove existing in-water and overwater structures consistent with MMC 20.65.040(F); 24 2. Plant emergent vegetation waterward of the ordinary high water line per Washington25 State Fish & Wildlife and/ or Corp of Engineer requirements, unless it can be26 demonstrated that planting is not feasible or appropriate due to environmental27 constraints; 28 3. Install a vegetative planting area in accordance with the following (See diagram in Figure29 20.65.040(E)): 30 a. The planting area must cover at least 1,000 square feet of surface ground area, 31 except where a lot has less than 100 feet of water frontage in which case the32 required planting area is the distance of the water frontage multiplied by 10; 33 b. The planting area shall extend along the contours of the ordinary high water line; 34 c. The average width measured from the ordinary high water line of the planting area35 shall be 10 feet with no measurement less than five feet; 36 d. The length of the planting area must be at least twice the average width, unless the37 width of the water frontage makes this not feasible; 38 e. Planting is not required in areas covered by walkways, water-dependent39 improvements, and other allowed improvements, however, this allowance does not40 decrease the total surface ground area that must be planted with vegetation; 41 f. Plantings shall include a mixture of native species plants and be of a sufficient42 density to improve habitat ecological functions; 43 g. Where existing native species plants are preserved in the planting area, the native44 species may be counted towards meeting the planting area coverage requirements; 45 including vegetation installed previously as part of a prior development activity, but46 was not required in order to obtain approval for a permit associated with the pier or47 dock; 48 49 50 100 ft Walkway Centerline Walkway Centerline 90° Point of Origin 100 ft End Point Farthest Point of Structure from Point of Origin 90° Ordinary high water line End Point Point of Origin90° 90° Attachment A SMP Attachment A 42 of 90 Figure 20.65.040(E) Planting Area Diagram1 2 3 4 5 6 7 8 9 10 11 12 13 4. In lieu of the planting requirements in MMC 20.65.040(E)(3), the City shall accept an14 alternative planting plan provided: 15 a. The alternative planting plan is approved by state and federal agencies; 16 b. The alternative planting plan shall provide at least as effective protection of shoreline17 ecological functions as MMC 20.65.040(E)(3); and18 b. The planting plan is prepared by a qualified professional who can verify the19 equivalent shoreline protection; 20 5. All planting plans shall be prepared by a qualified professional and must include21 maintenance and monitoring provisions having the following: 22 a. An outline of the schedule for site monitoring; 23 b. Performance standards with 100 percent survival of newly planted vegetation within24 the first two years of planting, and 80 percent for years three and more; 25 c. Contingency plans identifying courses of action and any corrective measures to be26 taken if monitoring indicates performance standards are not being met; and27 d. The period of time necessary to establish performance standards have been met, not28 to be less than three years; and29 e. A form of financial security as prescribed in MMC 20.65.040(G). 30 F. Where an existing pier or dock is replaced, mitigation shall consist of removing in-water and31 overwater structures located within 30 feet of the ordinary high water line, except for existing32 or authorized shoreline stabilization measures and boatlifts. 33 G. The City may require a financial security pursuant to MMC 20.66.120 as a guarantee that34 the plantings, maintenance and monitoring are completed to the satisfaction of the City. 35 H. The planting area utilized for mitigation shall be designated a native planting preservation36 area subject to the following: 37 1. A notice on the title of the real property shall be recorded with King County Records38 Office; 39 2. The required content of the notice is limited to alerting future property owners that the40 vegetation within the planting area must be preserved and that it is a violation of the41 Medina Municipal Code to damage or permanently destroy native vegetation within the42 preservation area; and43 3. Evidence of the recording shall be provided to the City. 44 I. Buoys and moorage piles must be accessory to an existing or authorized pier or dock. 45 Mitigation for these shall be pursuant to requirements imposed by federal or state agencies. 46 J. Shared and joint-use overwater structures shall require an easement or other47 documentation approved by the City providing for shared use and/ or maintenance of the48 subject overwater structure. 49 50 Ordinary High Water LineAverageWidth 10 feet Lake Washington 1,000 square feet of planting area Water frontage > 100 feet Length 2 X Average Width Attachment A SMP Attachment A 43 of 90 20.65.050 Alternative design standards for piers, docks, buoys, moorage piles and1 floats. 2 3 A. As an alternative to MMC 20.65.040, the City will accept as an alternative design those4 piers, docks, buoys, moorage piles and floats that meet the dimensional and design5 standards set forth in Table 20.65.050 provided: 6 1. The applicant obtains approval for the design from the U.S. Army Corps of Engineers7 and the Washington Department of Fish and Wildlife; and8 2. All other applicable provisions of this chapter are met, including those prescribed in9 MMC 20.65.040(D) through (J). 10 11 Table 20.65.05012 Alternative Overwater Dimensional and Structure Design Standards13 Description Requirements 1 Overwater Coverage No larger than authorized through state and federal approval Minimum Setback from Side Property Lines 12 feet Maximum Length (See MMC 20.65.040(D)) 100 feet Maximum Width and Height of structural components No greater than authorized by state and federal approval Location of Specific Structures: Minimum distance of ells, fingers, buoys, moorage piles, and/or floats waterward from the ordinary high water line Minimum distances of all piles, except moorage piles, waterward from the ordinary high water line 30 feet 18 feet Pier Skirting As authorized per state and federal approval Materials Same as prescribed in Table 20.65.040 Notes: 1 Notes in MMC Table 20.65.040 apply as applicable 14 B. State and Federal Agency final approvals may be deferred to submittal of a building permit. 15 However, the applicant must provide documentation that the U.S. Army Corps of Engineers16 and the Washington State Department of Fish and Wildlife have approved the alternative17 design prior to the City authorizing any construction activity associated with overwater18 structures. 19 20 20.65.060 Modifications to overwater structures. 21 22 The following requirements apply to overwater structures that are modified and where the23 existing configuration of the structure is altered (i.e. changes to the surface footprint or height): 24 A. Modifications, such as additions, must comply with the applicable dimensional and design25 standards established in MMC 20.65.030; 26 B. Where a modification will increase the overwater coverage, mitigation shall be provided that: 27 1. Is proportional to the impact generated by the increased overwater coverage; and28 Attachment A SMP Attachment A 44 of 90 2. Is of sufficient quantity and quality to assure no net loss of shoreline ecological functions1 pursuant to the analysis set forth in MMC 20.66.010; 2 C. Where existing structures exceed the maximum overwater surface coverage standard, 3 modifications, including additions, are allowed, provided the final net overwater surface4 coverage is not an increase from the existing conditions and the requirements of MMC5 20.66.090 (nonconformity) are satisfied; and6 D. Where existing overwater structure is proposed for removal, priority should be given to7 removing those structures located within 30 feet of the ordinary high water line, except for8 existing or authorized shoreline stabilization measures, boatlifts, and pier and dock9 walkways. 10 11 20.65.070 Repair and maintenance of overwater structures. 12 13 The following requirements apply to the repair and maintenance of overwater structures where14 the repair work is for the purpose of preventing the decline, lapse or cessation of the structure: 15 A. Repair and maintenance work is allowed; 16 B. Repair and maintenance may include replacing structure with similar structure if the17 replacement does not increase the size or shape of the structure, or significantly alter the18 configuration of the entire structure; 19 C. All repair work must use materials listed in Table 20.65.040; 20 D. Where repair and maintenance is to a nonconforming pier or dock, the limitations for a21 nonconforming structure set forth in MMC 20.66.090 shall apply; except the following repair22 actions are not subject to the limitations for nonconforming structures provided the23 constraint in MMC 20.65.070(E) is satisfied: 24 1. Replacement of up to 75 percent of the existing piles during any consecutive 18 month25 period; or26 2. Repair of up to 100 percent of the existing piles provided repair does not involve driving27 piles into the benthic; or28 3. Replacement of any structure treated with pentachlorophenol, creosote, or similar toxic29 compounds provided the replacement is a voluntary action to improve shoreline30 ecological functions and not to repair structurally hazardous conditions; or31 4. Replacement of any solid decking with materials, such as grating, that allow at least 4032 percent light to transmit through the material, and where the repair work does not include33 replacement of substructure; 34 E. Where repair or maintenance to a nonconforming pier or dock involves repairing multiple35 elements of the structure during any 18 consecutive month period, the cost for the entire36 repair, including those repair actions prescribed in MMC 20.65.070(D) shall be subject to the37 nonconforming regulations set forth in MMC 20.66.090, except those repair actions38 prescribed in MMC 20.65.070(D)(1) and (3) shall not be included in replacement cost39 calculations. 40 41 20.65.100 Covered moorage and boatlifts. 42 43 The following requirements apply to covered moorage and boatlifts: 44 A. Covered moorage structures and boatlifts are permitted pursuant to the use table in MMC45 20.62.030 provided they are accessory to a pier or dock; 46 B. Table 20.65.100(B) sets forth the dimensional and design standards for covered moorage47 structures and boatlifts: 48 49 50 Attachment A SMP Attachment A 45 of 90 Table 20.65.100(B) Covered Moorage Dimensional & Design Standards1 Description Dimensional & Design Standard Location Boatlifts The furthest point of a boat lifts shall be placed a distance not to exceed 100 feet from the ordinary high water line (See MMC 20.65.040(D) for measuring distance), except as allowed pursuant to MMC 20.65.100(D) Covered moorage building envelope A covered moorage structure shall be located within the building envelope prescribed in MMC 20.65.100(C) Maximum number Boatlifts Three (3) freestanding or deck-mounted boatlifts and/ or jet ski lifts allowed per single-family dwelling that share the pier or dock Covered moorage One covered moorage structure per pier or dock Maximum Over water coverage (Excludes boatlifts) Single 500 square feet. Shared/ Joint Use (all) 750 square feet. Minimum Side Property Line Setback Single property owner/ public facilities 12 feet Shared/ Joint-use facility where straddling a common property line between the owners None Shared/ Joint-use Facility where not straddling a common property line between the owners 12 feet Height Maximum height of covered moorage above the ordinary high water line 16 feet Minimum height of covered moorage above the ordinary high water line 4 feet Other standards Canopy Cover Materials Must be made of translucent materials Must not be constructed of permanent structural materials Fill material for boat lifts Must be clean rock or pre-cast concrete blocks provided: The fill is necessary to anchor the boatlift; Substrate prevents the embedment of anchoring devices; The quantity of fill material is the minimum necessary to anchor the boatlift 2 C. Table 20.65.100(B) covered moorage building envelope: The covered portion of a moorage3 for an individual or shared/ joint-use pier or dock shall be located inside of a covered4 Attachment A SMP Attachment A 46 of 90 moorage building envelope established in the following manner and illustrated in Figure1 20.65.100(C): 2 1. The covered moorage building envelope shall be formed as a horizontal triangle; 3 2. The base of the triangle is formed by: 4 a. The two outer most property lines intersecting the ordinary high water line being5 continued waterward in a straight line; and6 b. A centerline is created by either: 7 i. Equally bisecting the distance between the two outer property lines; or8 ii. Where a shared/ joint-use pier or dock straddles a shared property line, the9 shared property line is the centerline; and10 c. The triangle base is created by extending a straight line between the two outer11 property lines that runs perpendicular to the centerline and has at least one end12 affixed to the point most waterward where the ordinary high water line intersects a13 property line; 14 3. The altitude of the triangle is formed along the centerline created in MMC15 20.65.100(C)(2)(b); 16 4. The two remaining sides of the triangle are formed by extending straight lines from each17 of the points where the base intersects the property lines to a point on the altitude that is18 100 feet waterward from where the centerline intersects the baseline; and19 5. Covered moorage structures shall be at least 30 feet waterward from the ordinary high20 water line; and21 6. The minimum side property line setbacks set forth in Table 20.65.100(B) apply. 22 23 Figure 20.65.100(C) Covered Moorage Building Envelope24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 D. Where an existing pier or dock exceeds 100 feet in length, a boatlift may be located beyond45 the maximum distance set forth in Table 20.65.100(D) provided: 46 1. No point of the boatlift extends waterward further than the farthest point of the pier or47 dock from the ordinary high water line; 48 2. Placement of the boatlift does not include installing a platform, finger or similar structure49 that would be located beyond the maximum distance set forth in Table 20.65.100(D); 50 12-foot side setback Ordinary High Water Line Outer Property Line Centerline or Shared Property Line Triangle Base 90° 30-foot setback Property line/ Ordinary High Water Line Intersection 100 feet Net Building Envelope Attachment A SMP Attachment A 47 of 90 3. The placement of the boatlift will not create obstacles to access and navigation by1 neighboring property owners; and2 4. The nonconformity of the existing pier or dock is not abandoned as prescribed in MMC3 20.66.090. 4 5 20.65.200 Shoreline Stabilization – general provisions. 6 7 Shoreline stabilization measures are used to typically address erosion impacts to property8 caused by natural processes such as water currents, floods, tides, wind, and/ or wave actions. 9 They can vary from nonstructural measures to structural measures and from soft measures to10 hard measures. The following requirements apply to all shoreline stabilization measures: 11 A. New development should be located and designed to the extent feasible to avoid future12 needs for shoreline stabilization measures; 13 B. New development shall be prohibited where shoreline stabilization measures will cause14 significant impacts to adjacent or down-current properties and shoreline areas; 15 C. Shoreline stabilization shall not: 16 1. Significantly interfere with normal surface and/ or subsurface drainage; and17 2. Cause a hazard to navigation; 18 D. Where a property contains steep slopes and/ or buffers near the shoreline, new19 development shall be setback sufficiently to ensure shoreline stabilization is unlikely to be20 necessary during the life of the structure, as demonstrated by geotechnical analysis; 21 E. When subdividing land into building lots, the division shall be done in a manner that the new22 lots created will not require structural shoreline stabilization for reasonable development to23 occur, as demonstrated by geotechnical analysis; 24 F. Publicly financed or subsidized shoreline stabilization shall not restrict appropriate public25 access to the shoreline except where such access is determined to be infeasible because of26 incompatible uses, safety, security, or harm to shoreline ecological functions; 27 G. Table 20.65.200 provides a user’s guide of the key requirements for shoreline stabilization28 measures (the table is informational only): 29 30 Table 20.65.200 Guide to Key Shoreline Stabilization Measures31 Shoreline Stabilization Measures Summary of Requirements Nonstructural and Structural Methods Nonstructural methods preferred Structural allowed if need is demonstrated Soft measures considered before hard measures New or Enlargement Allowed when primary structure or single family dwelling is 10 feet or less from the ordinary high water line Allowed when primary structure or single family dwelling is more than 10 feet with geotechnical analysis demonstrating need Requires mitigation planting for hard measures Replacement Existing may be replaced with similar Hard measures may be replaced with soft measures Existing may be replaced with different hard measures if the replacement measures significantly improves shoreline ecological functions When existing primary structure or use is more Attachment A SMP Attachment A 48 of 90 than 10 feet from the ordinary high water line, requires a written narrative that provides a demonstration of need Existing structure is not enlarged Repair Repair is to 75 percent or less of the linear length of structure at or below the ordinary high water line Structure is not moved or enlarged 1 H. The following is a list of examples of shoreline stabilization measures that range from2 nonstructural to soft to hard structural measures: 3 Vegetation enhancement; 4 Upland drainage control; 5 Biotechnical measures; 6 Beach enhancement; 7 Anchor trees; 8 Gravel placement; 9 Rock revetments; 10 Gabions; 11 Concrete groins; 12 Retaining walls and bluff walls; and13 Bulkheads. 14 15 20.65.210 Structural shoreline stabilization – all. 16 17 The following requirements apply to all structural shoreline stabilization measures: 18 A. Where structural shoreline stabilization is allowed, soft measures such as bioengineering or19 biotechnical measures shall be used unless it can be demonstrated such measures are not20 sufficient at protecting primary structures or dwellings, in which case hard measures may be21 used; and22 B. Structural shoreline stabilization measures shall be limited to the minimum necessary. 23 24 20.65.220 Structural shoreline stabilization – new and enlargements. 25 26 New structural shoreline stabilization, and additions to or increases in size of existing structural27 shoreline stabilization are allowed under the following conditions: 28 A. To protect an existing primary structure including single-family dwellings where the closest29 point of the exterior walls of the building are a distance of 10 feet or less from the ordinary30 high water line. 31 B. To protect existing primary structures including single-family dwellings where the distance32 from the ordinary high water line is greater than 10 feet provided: 33 1. On-site drainage has been directed away from the shoreline edge first; 34 2. Geotechnical analysis pursuant to MMC 20.65.270 provides conclusive evidence that35 the structure or dwelling is in danger from shoreline erosion caused by tidal action, 36 currents and waves; and37 3. The structural shoreline stabilization will not result in a net loss of shoreline ecological38 functions pursuant to the analysis in MMC 20.66.010. 39 C. To support a new non-water-dependent development, including single family dwellings40 provided: 41 1. Shoreline erosion is not being caused by upland conditions, such as the loss of42 vegetation and drainage; 43 Attachment A SMP Attachment A 49 of 90 2. Geotechnical analysis pursuant to MMC 20.65.270 demonstrates a need to protect the1 primary structure from damage due to erosion caused by natural processes such as tidal2 actions, current and waves; 3 3. Nonstructural measures such as placing the development further from the shoreline, 4 planting vegetation, or installing on-site drainage improvements, are not feasible or not5 sufficient in protecting the primary structure; and6 4. The structural shoreline stabilization will not result in a net loss of shoreline ecological7 functions pursuant to the analysis in MMC 20.66.010. 8 D. To support a water-dependent development provided: 9 1. Shoreline erosion is not being caused by upland conditions, such as the loss of10 vegetation and drainage; 11 2. Geotechnical analysis pursuant to MMC 20.65.270 demonstrates a need to protect12 primary structures from damage due to erosion; 13 3. Nonstructural measures, planting vegetation, or installing on-site drainage14 improvements, are not feasible or not sufficient in protecting primary structures; and15 4. The structural shoreline stabilization will not result in a net loss of shoreline ecological16 functions pursuant to the analysis in MMC 20.66.010. 17 E. To protect projects for the restoration of shoreline ecological functions provided: 18 1. Nonstructural measures, planting vegetation, or installing on-site drainage19 improvements, are not feasible or not sufficient; 20 2. The structural shoreline stabilization will not result in a net loss of shoreline ecological21 functions pursuant to the analysis in MMC 20.66.010. 22 F. Mitigation shall be provided pursuant to MMC 20.65.260. 23 G. Primary structures include appurtenances such as detached garages, cabanas and beach24 houses, but do not include, storage sheds, playhouses, greenhouses, swimming pools, spas25 and other ancillary residential improvements. 26 27 20.65.230 Structural shoreline stabilization – replacement of existing. 28 29 Where modification of existing structural shoreline stabilization does not constitute repair under30 MMC 20.65.240, modification may be allowed under the following conditions: 31 A. Replacement of existing structure. Existing structure may be replaced provided: 32 1. The existing structure cannot adequately perform a shoreline stabilization function; 33 2. Replacement involves constructing new structure to replace existing structure; 34 3. Replacement structure is with similar structure including using soft measures to replace35 hard measures; 36 4. Replacement structure does not increase the height, width, length, or depth of the37 existing structure, except as may be necessary to implement soft structural stabilization38 other replacements that enlarge the existing structure are subject to the provisions set39 forth in MMC 20.65.220); 40 5. Replacement structure does not intrude further waterward of the ordinary high water line, 41 except as allowed pursuant to WAC 173-26-231(3)(a)(iii)(C) and amendments thereto; 42 6. Replacement structure is designed, located, sized and constructed to assure no net loss43 of shoreline ecological functions per an analysis in MMC 20.66.010; 44 7. A demonstration of need is provided pursuant to MMC 20.65.270 showing the shoreline45 stabilization structure is necessary to protect principal use or structure from erosion46 caused by currents, tidal action or waves, except this requirement does not apply: 47 a. If the principal use or structure is located 10 feet or less from the ordinary high water48 line; or49 b. If soft measures are used to replace hard structure that results in significant50 restoration of shoreline ecological functions or processes; 51 Attachment A SMP Attachment A 50 of 90 B. In addition to MMC 20.65.230(A), replacement of an existing structural shoreline1 stabilization may be authorized if: 2 1. The replacement is for the purpose of significantly improving one or more shoreline3 ecological functions (e.g. replacing a bulkhead built with toxic materials with non-toxic4 materials) and not because the existing structure can no longer adequately serve its5 purpose; and6 2. An analysis is prepared by a qualified professional evaluating the effects of the existing7 structure on shoreline ecological functions and the change a replacement structure will8 have on shoreline ecological functions consistent with MMC 20.65.230(B)(1); 9 3. The replacement structure does not increase the height or length of the existing10 structure; and11 4. The requirements in MMC 20.65.230(A)(2), (5), (6) and (7) are applied. 12 13 20.65.240 Structural shoreline stabilization – repair of existing. 14 15 Existing structural shoreline stabilization may be repaired provided: 16 A. The repair involves 75 percent or less of the linear length of the structure at or below the17 ordinary high water line provided work above the high water line shall not count towards the18 linear length of the structure being repaired; 19 B. Repair exceeding 75 percent linear length of the structure at or below the ordinary high20 water line shall be subject to the requirements for replacement set forth in MMC 20.65.230; 21 C. The repaired structure is located in the same place as the existing structure; and22 D. The repair does not increase the height, width, length, or depth of the existing structure23 repairs that enlarges the existing structure are subject to the provisions set forth in MMC24 20.65.220). 25 26 Figure 20.65.240 Repair Threshold Diagram27 28 29 30 31 32 33 34 35 36 20.65.250 Structural shoreline stabilization – design requirements. 37 38 The following design standards apply to structural shoreline stabilization measures: 39 A. For hard structural shoreline stabilization: 40 1. When connecting ends of the structure to adjoining areas without hard shoreline41 stabilization, the connection should be in a manner as to not cause erosion of the42 adjoining areas; 43 2. When connecting ends of the structure to other hard shoreline stabilization, the44 connection shall not result in a net intrusion into the lake nor create net upland area; 45 3. Fill material landward of the shoreline stabilization shall not exceed an average of one46 cubic yard of material for each linear foot of hard shoreline stabilization, except as47 provided for in MMC 20.65.500 (Fill) and MMC 20.65.500 (Land Surface Modification); 48 B. For soft structural shoreline stabilization: 49 1. End connection shall be to existing contours or hard structural shoreline stabilization to50 prevent erosion at the edges; and51 Ordinary High Water Line X 75% Linear Length = Repair X > 75% Linear Length = Replacement Shoreline Stabilization Structure Attachment A SMP Attachment A 51 of 90 2. Size and the arrangement of gravel, cobbles, logs and boulders shall be in a manner1 that improvements remain stable long-term and dissipate wave energy, without2 presenting extended linear faces to oncoming waves; and3 C. For both hard and soft structural shoreline stabilization, materials shall be the minimum4 sizing necessary to dissipate wave energy, eliminate scour, and provide long-term shoreline5 stability. 6 7 20.65.260 Hard structural shoreline stabilization mitigation requirements. 8 9 All proposals for new hard structural shoreline stabilization, including additions to and increases10 in the size of existing hard structural shoreline stabilization, must provide the following shoreline11 enhancements: 12 A. Improve shallow water habitat by installing waterward of the ordinary high water line gravel, 13 cobble, or similar rocky beach material at a maximum grade of one vertical to four horizontal14 1:4); 15 B. Install a vegetative planting area in accordance with the following (see diagram in Figure16 20.65.260): 17 1. The planting area shall extend along at least 75 percent of the linear landward -edge of18 the stabilization structure; 19 2. The average width measured from the landward edge of the shoreline stabilization20 structure shall be 10 feet with no measurement less than five feet; 21 3. Planting shall consist of native species with at least 50 percent of the area planted with22 bushes and shrubs; 23 4. Where existing native species plants are preserved in the planting area, the native24 species plants may count towards the planting area requirements, including vegetation25 installed previously as part of a prior development activity; 26 27 Figure 20.65.260 Diagram of Enhancements28 New Hard Shoreline Stabilization29 30 31 32 33 34 35 36 37 38 39 40 C. In lieu of the enhancements required in MMC 20.65.260(A) and (B), the City shall accept41 alternative enhancement approved by state and federal agencies provided: 42 1. The alternative enhancement shall provide at least as effective protection of shoreline43 ecological functions as the required mitigation; and44 2. An alternative enhancement plan is prepared by a qualified professional; 45 D. All enhancements shall include plans for maintenance and monitoring acceptable to the City46 and prepared by a qualified professional including, but not limited to, the following: 47 1. An outline of the schedule for site monitoring; 48 2. Performance standards, including, but not limited to, 100 percent survival of newly49 planted vegetation within two years of planting, and 80 percent for years three or more; 50 New Bulkhead Average Width 10 feet Lake Washington Beach No Structures) Plantings = 75% of Linear Bulkhead Gravel / Cobble Attachment A SMP Attachment A 52 of 90 3. Contingency plans identifying courses of action and any corrective measures to be taken1 if monitoring indicates performance standards have not been met; 2 4. The period of time necessary to establish performance standards have been met; not to3 be less than three years; and4 E. The City may require a financial security pursuant to MMC 20.66.120 as a guarantee that5 the enhancements, maintenance and monitoring are completed to the satisfaction of the6 City; and7 F. Enhancement measures shall be incorporated as necessary to avoid, or if that is not8 possible, to minimize adverse impacts. 9 10 20.65.270 Structural shoreline stabilization – limitations on authorization. 11 12 A. Structural shoreline stabilization is not authorized except as follows: 13 1. For hard structural measures a geotechnical analysis must demonstrate that there is a14 significant possibility that a primary structure or single-family dwelling will be damaged15 within three years as a result of shoreline erosion in the absence of such measures; or16 2. For soft structural measures a geotechnical analysis must demonstrate that there is17 significant possibility that a primary structure or single-family dwelling will be damaged18 as a result of shoreline erosion in the absence of such measures, but the need does not19 have to be as immediate as three years; or20 3. Replacement under MMC 20.65.230 where a need is demonstrated pursuant to MMC21 20.65.270(C). 22 B. Where geotechnical analysis is required under MMC 20.65.220, the analysis shall be23 prepared by a qualified professional with the following information: 24 1. An assessment of erosion potential including rates of erosion and estimated time frames25 of erosion from waves or other natural processes in the absence of shoreline26 stabilization; 27 2. An assessment of the processes causing the erosion including on-site drainage both28 waterward and landward of the ordinary high-water mark; 29 3. An assessment of the risk shoreline erosion might cause damage to primary structures30 and single-family dwellings in the absence of structural shoreline stabilization; 31 4. An assessment of the urgency and necessity for structural shoreline stabilization32 considering site specific conditions pursuant to MMC 20.65.270(A); 33 5. An assessment of the feasibility of using soft structural shoreline stabilization measures34 in lieu of hard measures; and35 6. Narrative on design recommendations for minimizing the use of shoreline stabilization36 materials and to assure no net loss of shoreline ecological functions. 37 C. Where a demonstration of need is required under MMC 20.65.230, the following shall be38 provided: 39 1. A written narrative that demonstrates a need for the shoreline stabilization structure that40 is prepared by a qualified professional (e.g. shoreline designer or a consultant familiar41 with lakeshore processes and shore stabilization), but not necessarily a licensed42 geotechnical engineer; 43 2. The content of the narrative shall include the following: 44 a. An assessment of the necessity for structural stabilization to protect principal use or45 structure, considering site-specific conditions such as water depth, orientation of the46 shoreline, wave fetch, and location of the nearest structure; 47 b. An assessment of erosion potential resulting from the action of waves or other48 natural processes operating at or waterward of the ordinary high water line in the49 absence of structural shoreline stabilization; 50 Attachment A SMP Attachment A 53 of 90 c. An assessment of the feasibility of using soft structural stabilization measures in lieu1 of hard structural shoreline stabilization measures; and2 d. Design recommendations for minimizing impacts and ensuring that the replacement3 structure is designed, located, sized and constructed to assure no net loss of4 shoreline ecological functions. 5 6 20.65.280 Submittal requirements for structural shoreline stabilization. 7 8 A. The following are general submittal requirements for proposals involving structural shoreline9 stabilization: 10 1. Plan and cross-section views of the existing and proposed shoreline configuration11 showing accurate existing and proposed topography and the ordinary high-water mark; 12 2. Detailed construction sequence and specifications for all materials with the sizing and13 placement of materials select to accomplish the following: 14 a. Protect the property and structures from erosion and other damage over the long15 term, and accommodate the normal amount of alteration from wind- and boat-driven16 waves; 17 b. Allow safe passage and migration of fish and wildlife; and18 c. Minimize or eliminate juvenile salmon predator habitat; 19 3. Where applicable, geotechnical analysis or narrative evaluating need; 20 4. Where applicable, no net loss analysis; and21 5. Where applicable, enhancement plans and monitoring and maintenance reports; 22 B. The provisions of this section shall not limit the City’s ability to establish additional submittal23 requirements consistent with MMC 20.80.80 and other provisions of the Medina Municipal24 Code. 25 26 20.65.300 Dredging and disposal. 27 28 The following requirements apply to dredging: 29 A. New development should be placed and designed to avoid or minimize the need for new30 and/ or maintenance dredging; 31 B. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill32 material is prohibited, except where the material is necessary for the restoration of shoreline33 ecological functions and processes; 34 C. Dredging for the purpose of establishing, expanding, or relocating or reconfiguring35 navigation channels and basins is allowed pursuant to the use table in MMC 20.62.03036 provided: 37 1. The dredging is necessary for safe and efficient accommodation of existing navigational38 uses; 39 2. Significant ecological impacts are minimized; 40 3. Mitigation is provided consistent with MMC 20.65.300(E); 41 D. Dredging for the purpose of maintaining existing navigation channels and basins, existing42 private or public boat moorage, water-dependent uses, or other public access may be43 allowed pursuant to the use table in MMC 20.62.030 provided it is limited to previously44 dredged and/ or existing authorized locations, depth and width; 45 E. Dredging and dredge material disposal shall be done in a manner which avoids or minimizes46 significant ecological impacts and impacts which cannot be avoided should be mitigated in a47 manner that assures no net loss of shoreline ecological functions pursuant to an analysis in48 MMC 20.66.010; 49 F. Dredging operations must be designed and scheduled to: 50 1. Avoid impacts to fish, including fish rearing, feeding and spawning; 51 Attachment A SMP Attachment A 54 of 90 2. Use techniques that minimize dispersal of bottom materials; and1 3. Prevent direct and indirect adverse impacts on adjacent properties; 2 G. Where dredging is allowed for restoration of shoreline ecological functions, the site where3 the fill is to be placed must be located waterward of the ordinary high water line; 4 H. Project permit application submittals for dredging should include the following information: 5 1. A written description of the purpose for the dredging; 6 2. Site plan drawing outlining the area proposed for dredging including water depth based7 on the Corp of Engineer’s high water mark for Lake Washington; 8 3. A written description of the scope of work to be performed including dredging methods, 9 timelines, and volume; 10 4. Habitat survey identifying aquatic vegetation, potential native fish spawning areas, or11 other physical and biological habitat parameters; 12 5. Information on disposal; 13 6. Anticipated future dredging, if applicable; 14 7. Copies of state and federal applications and/ or approvals; and15 8. Other relevant information requested by the Director. 16 17 20.65.400 Breakwaters, jetties, groins and weirs18 19 A. Breakwaters, jetties, groins, and weirs located waterward of the ordinary high water mark20 shall be allowed only where necessary to support water-dependent uses, public access, 21 shoreline stabilization, or other specific public purpose. 22 B. Where a breakwater, jetty, groin or weir is installed to protect or restore shoreline ecological23 functions, the City may waive the requirement for a conditional use permit and approve it as24 a permitted use. 25 C. Breakwaters, jetties, groins and weirs shall be designed to protect critical areas and shall26 provide mitigation according to the mitigation sequencing defined in MMC 20.66.020. 27 28 20.65.500 Fill. 29 30 A. Fill waterward of the ordinary high water mark is allowed pursuant to the use table in MMC31 20.62.030 provided the fill is necessary to support: 32 1. Water-dependent use; 33 2. Public access; 34 3. Cleanup and disposal of contaminated sediments as part of an interagency35 environmental clean-up plan; 36 4. Disposal of dredged material considered suitable under, and conducted in accordance37 with the dredged material management program of the department of natural resources; 38 5. Expansion or alteration of transportation facilities of statewide significance currently39 located on the shoreline where it can be demonstrated that alternatives to fill are not40 feasible; and41 6. Mitigation action, environmental restoration, beach nourishment or enhancement project; 42 B. Fill landward of the ordinary high water mark shall comply with the requirements in MMC43 20.65.600 (Land Surface Modification). 44 C. All fill shall be located, designed, and constructed to protect shoreline ecological functions45 and ecosystem-wide processes and shall not cause: 46 1. Significant damage to water quality, fish and aquatic habitat, and/ or wildlife habitat; and47 2. Adversely alter natural drainage patterns. 48 49 50 Attachment A SMP Attachment A 55 of 90 20.65.600 Land surface modification. 1 2 The provisions of this section apply to land surface modification occurring landward of the3 ordinary high water mark. 4 A. Applicability: 5 1. Land surface modification includes, but is not limited to grading, excavation and fill6 activity; 7 2. The requirements set forth in this section are applied in conjunction with other provisions8 of the Medina Municipal Code, including grading and drainage requirements and other9 applicable provisions of the shoreline master program. 10 B. The following requirements apply to land surface modifications: 11 1. All excess materials must be disposed of in a manner that prevents entry in to Lake12 Washington; including by erosion or surface water runoff; 13 2. Materials such as dirt and rocks used in construction must be stored as far as14 reasonably possible from the ordinary high water line to prevent erosion and surface15 water runoff from entering into the lake and shall incorporate best management practice16 measures; 17 3. Any large quantities of vegetation removal shall be collected and disposed of in a18 manner to prevent negative impacts to the shoreline environment; 19 4. No vegetation or other enhancements installed as part of a restoration plan or mitigation20 shall be removed, unless approved by the City as part of a modified restoration plan or21 mitigation. 22 C. Land surface modification involving the importing of fill material must consist of non-23 dissolving and non-decomposing materials, and shall not be detrimental to water quality or24 existing habitat, or create any other significant adverse impacts to the environment. 25 D. Where a land surface modification occurs within 50 feet of the ordinary high water line, the26 vegetation conservation requirements set forth in MMC 20.66.050 shall apply. 27 28 Attachment A SMP Attachment A 56 of 90 Chapter 20.661 General Shoreline Regulations2 3 Sections: 4 20.66.000 Applicability of chapter. 5 20.66.010 No net loss of shoreline ecological functions analysis. 6 20.66.020 Mitigation sequencing. 7 20.66.030 Federal and state approval. 8 20.66.040 Public access. 9 20.66.050 Tree management and vegetation conservation. 10 20.66.060 Water quality, surface water runoff, and non-point pollution. 11 20.66.070 In-water construction. 12 20.66.080 Archeological and historical resources. 13 20.66.090 Nonconforming development. 14 20.66.100 Parking. 15 20.66.110 Lighting. 16 20.66.120 Financial guarantees. 17 20.66.130 Emergency actions. 18 19 20.66.000 Applicability of chapter. 20 21 The regulations in this chapter apply to all uses, developments and activities within the shoreline22 jurisdiction. 23 24 20.66.010 No net loss of shoreline ecological functions analysis. 25 26 A. At the project level, the requirement for no net loss of shoreline ecological functions is a27 balancing of unavoidable shoreline ecological function losses with replacement for those28 losses so that further reduction to shoreline ecological functions or ecosystem-wide29 processes may be prevented. 30 B. To assure no net loss of shoreline ecological functions, applicants must demonstrate a31 reasonable effort to analyze environmental impacts from a proposal and include measures32 to mitigate impacts to shoreline ecological functions. 33 C. A written analysis of no net loss of shoreline ecological functions is required when any of the34 following circumstances are present: 35 1. Where a proposed use or activity is not provided in the shoreline master program, 36 including shoreline conditional uses for unclassified uses and shoreline variances; 37 2. Where regulations reference a requirement for an analysis of no net loss of shoreline38 ecological functions; or39 3. Where alternative compliance or mitigation measures other than those contained within40 the shoreline master program are proposed. 41 4. Analysis of no net loss of shoreline ecological functions is not required where specific42 standards are provided such as setbacks, pier dimensions and tree planting, unless the43 standard specifically references this Section. 44 D. A written analysis of no net loss of shoreline ecological functions shall include the following: 45 1. A description of the existing conditions, functions and values of the affected shoreline; 46 2. A demonstration that mitigation sequencing has been applied pursuant to MMC47 20.66.020, except MMC 20.66.020(A)(1) shall not be used to deny a use or activity48 specifically authorized by the shoreline master program; 49 3. Where avoiding the impacts altogether is not feasible, the analysis shall include50 descriptions of the following: 51 Attachment A SMP Attachment A 57 of 90 a. Anticipated impacts to shoreline ecological functions; 1 b. Goals and objectives related to the functions and values of the impacted shoreline2 ecological functions for achieving no net loss; 3 c. Proposed mitigation actions and how these relate to the goals and objectives; and4 d. Measurable criteria for evaluating whether or not the no net loss standard has been5 achieved. 6 4. Modifications to the required content may be approved if the Director determines that7 more or less information is necessary to adequately address demonstrating a no net loss8 of shoreline ecological functions. 9 E. The written analysis of no net loss shall evaluate the feasibility of each mitigation sequence10 to determine the appropriate mitigation action during the construction and operation of a11 proposal. 12 F. Mitigation actions shall have the lower priority measures applied only where higher priority13 measures are determined to be infeasible or not applicable. Failure to demonstrate that the14 mitigation sequencing standards have been met may result in a permit being denied. 15 16 20.66.020 Mitigation sequencing. 17 18 A. Applicants must demonstrate that all reasonable efforts have been examined with the intent19 to avoid and minimize impacts to shoreline ecological functions. Where a no net loss of20 shoreline ecological functions analysis is required pursuant to MMC 20.66.010, an applicant21 shall follow mitigation sequencing outlined as follows in order of preference with one being22 the highest and six being the lowest preference: 23 1. Avoiding the impact altogether. Avoiding impacts means not taking an action or part of24 an action in order to prevent impacts to shoreline ecological functions such as moving25 structures further away from properly functioning shoreline areas, using different26 landscaping plants or techniques, substituting a less impactful use, or redesigning the27 proposal altogether. 28 2. Minimizing the impact by limiting the degree or magnitude of the action and its29 implementation by using appropriate technology or by taking affirmative steps to avoid or30 reduce impacts. 31 3. Rectifying impacts by repairing, rehabilitating, or restoring the affected environment. 32 4. Reducing or eliminating impacts over time by preservation and maintenance operations; 33 5. Compensating for the impact by replacing, enhancing, or providing substitute resources34 or environments; and35 6. Monitoring the impact and the compensation projects and taking appropriate corrective36 measures. 37 B. When evaluating the feasibility of mitigation sequencing, the City may consider whether the38 cost of avoiding disturbances is significantly disproportionate compared to the environmental39 impact of the proposed disturbance, including any continued impacts on shoreline ecological40 functions and values over time. 41 42 20.66.030 Federal and state approval. 43 44 A. All work at or waterward of the ordinary high water line requires permits or approvals from45 one or more of the following state and federal agencies: U.S. Army Corps of Engineers, 46 Washington Department of Fish and Wildlife, Washington Department of Natural Resources, 47 or Washington Department of Ecology. 48 B. If structures are proposed to extend waterward of the inner harbor line, the applicant must49 obtain an aquatic use authorization from the Washington State Department of Natural50 Resources and submit proof of authorization with submittal of a building permit. 51 Attachment A SMP Attachment A 58 of 90 C. Documentation verifying necessary state and federal agency approvals must be submitted1 to the City prior to issuance of construction permits affecting shoreline areas. 2 3 20.66.040 Public access. 4 5 A. Public access is required for the following: 6 1. Shoreline development by public entities involving public lands including, but not limited7 to the City, state agencies and public utility districts; and8 2. Residential development of five or more new dwelling units being constructed; and9 3. Subdivision of land into five or more lots. 10 B. Public access may be in the form of any of the following: 11 1. Physical access such as trails, walkways, piers and docks, swimming area and parks; 12 2. Visual access such as view platforms or view corridors; or13 3. A combination of physical and visual access. 14 4. Visual access shall not include the excessive removal of trees or native vegetation by15 topping or clearing. 16 C. Public access shall incorporate the following elements: 17 1. A physical connection to the nearest public street by dedication of land or easement; 18 2. Use of environmentally friendly materials and techniques such as low impact19 development, if feasible; 20 3. Signage indicating the public’s right of access and hours of access; 21 4. Landscaping including vegetative screening for adjacent residential development; and22 5. Barrier free features for ADA accessibility, if feasible. 23 D. All improvements associated with public access shall be designed to assure no net loss of24 shoreline ecological functions will result. 25 E. Where public access is required, it shall be fully developed and available for use by the26 public at the time of occupancy or use of the development. 27 F. The Director may waive the requirement for public access under the following conditions: 28 1. The applicant demonstrates the public access is infeasible due to reasons of29 incompatible uses, safety, security, or adverse impacts to the shoreline environment, or30 due to constitutional or other legal limitations; and31 2. The applicant demonstrates reasonable alternatives are not available such as limiting32 hours, off-site improvements, or placement and design elements. 33 34 20.66.050 Tree management and vegetation conservation. 35 36 A. These provisons acts as an overlay and in addition to the City’s tree code regulations. The37 tree preservation and replacement requirements of this section apply to removal of trees38 and vegetation within the shoreline areas. 39 B. Non-hazardous trees shall be preserved within the shoreline area unless replacement trees40 are provided for a removed tree in accordance with Table 20.66.050: 41 42 Table 20.66.050 Tree Replacement Mitigation43 Tree Location Diameter of Tree (DBH) Type of Tree Removed Replacement Tree Ratio Within Building Footprint All All None Outside Building Footprint Less than 10 inches All None 10 inches and greater, but less than 20 inches Not listed None Listed 100 percent 20 inches and greater, but Not listed None Attachment A SMP Attachment A 59 of 90 less than 36 inches Listed 125 percent 36 inches or more Not listed None Listed 200 percent 1 1. DBH means “Diameter Breast Height” which is the diameter measurement in inches of2 the outside bark of a tree trunk, measured at four and one-half feet above the3 surrounding ground surface. The DBH for multi-trunk trees forking below four and one-4 half feet is the diameter measurement in inches of the outside bark of a tree trunk at the5 narrowest part of the main stem below the tree fork. The DBH for multi-trunk trees6 splitting at ground level is found by taking the square root of the sum of all squared stem7 DBHs. 8 2. “Listed” means those trees found in the “City of Medina List of Suitable Tree Species for9 Private Property Replacement and Public Right-of-Way Planting”. 10 3. The total diameter of replacement trees shall at a minimum add up to the applicable11 percentage above multiplied by the DBH of the existing tree being replaced. 12 4. The building footprint is that portion of the lot covered by the primary building and13 measured from the outside of eaves or furthest structural projections of the primary14 building. 15 C. A tree that is more than one-third removed, but not necessarily fully removed, shall be16 considered a removed tree subject to the requirements in Table 20.66.050 for replacement17 trees. 18 D. Where Table 20.66.050 indicates replacement trees are required, the following applies: 19 1. If the existing tree being removed is less than 36 inches DBH then: 20 a. The caliper of each replacement tree shall be at least three inches; and21 b. Coniferous trees shall be at least eight feet in height; and22 c. At least 25 percent of required replacement trees shall be of the same genus as the23 removed tree, unless the number of genera involved with tree removal will exceed24 the number of replacement trees that the applicant chooses to plant in compliance25 with this requirement; 26 2. If the existing tree being removed is 36 inches DBH or greater then: 27 a. The caliper of each replacement tree shall be at least four inches; and28 b. Coniferous trees shall be at least 10 feet in height; and29 c. At least 50 percent of required replacement trees shall be of the same genus as the30 removed tree, unless the number of genera involved with tree removal will exceed31 the number of replacement trees that the applicant chooses to plant in compliance32 with this requirement; 33 3. Existing trees that are transplanted on-site may receive credit as replacement tree if the34 City is consulted prior to the transplant and the applicant follows all methods and35 techniques prescribed by the City for executing the transplanting of the subject tree. 36 E. In lieu of planting replacement trees, an applicant may satisfy the requirements for37 replacement trees in Table 20.66.050 as follows: 38 1. Pay a fee to the Medina Tree Fund calculated as follows: 39 a. If a removed tree has less than 20 inches DBH, the contribution is $200 per each40 replacement diameter inch not planted; 41 b. If a removed tree is 20 inches DBH or greater, but less than 36 inches DBH, the42 contribution is $250 per each replacement diameter inch not planted; or43 c. If a removed tree is 36 inches DBH or greater, the contribution is $400 per each44 replacement diameter inch not planted; and45 2. Plant at least two replacement trees on-site unless only one replacement tree is required46 in which case one replacement tree is required to be planted. 47 48 Attachment A SMP Attachment A 60 of 90 F. Hazardous Trees. 1 1. A tree determined to be “hazardous” by the City arborist is exempt from the requirement2 to provide tree replacements. To be eligible for the exemption: 3 a. The tree must obtain from the City arborist a rating of 11 or 12 on a scale of 1 to 124 1 being the least hazardous and 12 being the most hazardous); and5 b. The City arborist shall use the method for rating hazardous trees prescribed in the6 Medina Tree Code set forth in Chapter 12.28 MMC; 7 2. A tree that the City arborist has determined died from natural causes, but does not8 receive a hazard rating of 11 or 12, may be removed without requiring tree replacement9 plantings; 10 3. Where a tree receives a hazard rating of 8, 9, or 10, pruning exceeding one-third may be11 authorized without requiring replacement trees provided the amount of the tree removed12 will not affect the tree in a permanent adverse manner. 13 G. Vegetation conservation. 14 1. Where any of the following activities are proposed within 50 feet landward of the ordinary15 high water line, a restoration plan consistent with MMC 20.66.050(G)(2) is required: 16 a. Clearing and/ or grubbing of 2,500 square feet of surface land area or more; 17 b. Land surface modifications involving 25 cubic yards of earth materials or more; 18 and/or19 c. Removal of any trees 10 inches or greater. 20 2. A restoration plan shall be designed to: 21 a. Stabilize soil surfaces; 22 b. Filter run-off (especially lawns); 23 c. Assure no net loss of shoreline ecological functions will result; and24 d. Be prepared by a qualified professional, unless waived by the Director as25 unnecessary. 26 3. The Director may modify the required content of a restoration plan where the Director27 determines more or less information is necessary to adequately address potential28 shoreline impacts and required restoration. 29 4. A restoration plan may be combined with other mitigation plans provided all conditions30 and criteria are satisfied. 31 H. Aquatic vegetation control, including mechanical and chemical measures, shall only occur32 when native plant communities and associated habitats are threatened or where an existing33 water-dependent use is restricted by the presence of weeds. Aquatic vegetation control34 shall occur in compliance with all other applicable laws and standards, including state Fish & 35 Wildlife and/ or Ecology requirements. 36 37 20.66.060 Water quality, surface water runoff, and non-point pollution. 38 39 A. All shoreline development during and after construction shall minimize impacts related to40 surface runoff through control, treatment and release of surface water runoff such that there41 is no net loss of receiving water quality in the shoreline environment. Control measures42 include but are not limited to dikes, runoff intercepting ditches, catch basins, settling wet43 ponds, sedimentation ponds, oil/water separators, filtration systems, grassy swales, planted44 buffers, and fugitive dust controls. 45 B. Shoreline development and uses shall adhere to all required setbacks, buffers and46 standards for stormwater storage basins. 47 C. All shoreline development shall comply with the applicable requirements of the City’s48 adopted Surface Water Design Manual and all applicable City stormwater regulations. 49 Attachment A SMP Attachment A 61 of 90 D. Where feasible, shoreline development must implement low impact development techniques1 pursuant to the standards contained in the adopted Surface Water Design Manual and the2 Low Impact Development Technical Guidance Manual for Puget Sound or successor. 3 4 20.66.070 In-water construction. 5 6 The following requirements apply to in-water work, including, but not limited to, installation of7 new structures, repair of existing structures, restoration projects, and aquatic vegetation8 removal: 9 A. In-water structures and activities shall be placed and designed to avoid the need for future10 shoreline stabilization activities and dredging, giving due consideration to watershed11 functions and processes, with special emphasis on protecting and restoring priority habitat12 and species; 13 B. Removal of existing structures shall be accomplished so the structure and associated14 material do not re-enter the lake; 15 C. Waste material and unauthorized fill, such as construction debris, silt or excess dirt resulting16 from in-water structure installation, concrete blocks or pieces, bricks, asphalt, metal, treated17 wood, glass, paper and any other similar material upland of or below the ordinary high water18 line shall be removed; 19 D. Measures shall be taken in advance and during construction to ensure that no petroleum20 products, hydraulic fluid, cement, sediments, sediment-laden water, chemicals, or any other21 toxic or deleterious materials are allowed to enter or leach into the lake during in-water22 activities; 23 E. Appropriate spill clean-up materials must be on-site at all times, and any spills must be24 contained and cleaned immediately after discovery; 25 F. In-water work must be conducted in a manner that causes little or no siltation to adjacent26 areas and shall require a sediment control curtain in those instances where siltation is27 expected; 28 G. Fresh concrete or concrete by-products are not allowed to enter the lake at any time during29 in-water installation and all forms used for concrete shall be completely sealed to prevent30 the possibility of fresh concrete from entering the lake; 31 H. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary32 to perform the in-water work and all disturbed areas will be protected from erosion using33 vegetation or other means; and34 I. If at any time, as a result of in-water work, water quality problems develop, immediate35 notification shall be made to the Washington State Department of Ecology. 36 37 20.66.080 Archeological and historical resources. 38 39 The following requirements apply to archaeological and historic resources that are either40 recorded at the state historic preservation office and/or by local jurisdictions or have been41 inadvertently uncovered: 42 A. Archaeological sites located in and outside shoreline jurisdiction are subject to Chapter43 27.44 RCW (Indian graves and records) and Chapter 27.53 RCW (Archaeological sites and44 records) and development or uses that may impact such sites shall comply with Chapter 25-45 48 WAC as well as the provisions of the shoreline master program; 46 B. If archaeological resources are uncovered during excavation all work shall immediately47 cease and the City, the Department of Archaeology and Historic Preservation and affected48 Native American tribes shall be immediately notified; 49 Attachment A SMP Attachment A 62 of 90 C. A site inspection or evaluation by a professional archaeologist in coordination with affected1 Native American tribes shall be required for all permits issued in areas documented to2 contain archaeological resources; 3 D. Significant archaeological and historic resources shall be permanently preserved for4 scientific study, education and public observation. When the City determines that a site has5 significant archeological, natural scientific or historical value: 6 1. No permit authorizing development or land modification shall be issued which would7 pose a threat to the site; and8 2. The development may be required to be redesigned or postponed in such areas to allow9 investigation of public acquisition potential and/or retrieval and preservation of significant10 artifacts; 11 E. In the event of an emergency as defined in RCW 90.58.030 necessitate rapid action to12 retrieve or preserve artifacts or data identified the project may be exempted from the permit13 requirement of these regulations provided the City notifies the Washington State14 Department of Ecology, the Washington State Attorney General's Office and the Washington15 State Historic Preservation Office of such a waiver in a timely manner; 16 F. Identified historical or archaeological resources shall be considered in park, open space, 17 public access, and site planning with access to such areas designed and managed to give18 maximum protection to the resource and surrounding environment; and19 G. Clear interpretation of historical and archaeological features and natural areas shall be20 provided when appropriate. 21 22 20.66.090 Nonconforming development. 23 24 A. A nonconforming use or development (includes lots and structures) under the shoreline25 master program means a shoreline use or development which was lawfully constructed or26 established prior to the effective date of the Act or the shoreline master program, or27 amendments thereto, but which does not conform to present regulations or standards of the28 shoreline master program. This section shall be applied as follows: 29 1. The requirements and thresholds established in this section shall apply to all30 development regulated under the shoreline master program. 31 2. The requirements of this section are applied in combination with other sections of the32 Medina Municipal Code relating to nonconformity, including, but not limited to those33 prescribed in zoning, and the building and fire codes. 34 3. A structure for which a shoreline variance has been issued shall be considered a legal35 nonconforming development and the requirements of this section shall apply as they36 apply to preexisting nonconformities. 37 B. A party asserting the existence of a lawfully established nonconforming lot, structure or use38 of land has the burden of proof that the lot, structure or use of land was not substandard in39 meeting the development regulations in effect at its creation. 40 C. Nonconforming lots. Lots, tract, parcel, site or division which were created or segregated41 pursuant to all applicable laws, ordinances and regulations in effect at the time, but that is42 nonconforming as to the present lot size may be developed so long as such development43 conforms to other requirements of the shoreline master program. 44 D. Nonconforming uses. The following shall apply to all nonconforming shoreline uses: 45 1. Any legally established nonconforming use may continue until such time that the rights46 for the nonconforming use are abandoned pursuant to MMC 20.66.090(D)(3). 47 2. A nonconforming use may not be expanded nor may the structure containing a48 nonconforming use be enlarged, except as may be allowed by a shoreline conditional49 use permit. 50 Attachment A SMP Attachment A 63 of 90 3. A nonconforming use shall be determined abandoned and all rights to the1 nonconforming use lost if: 2 a. The use is changed; or3 b. The use is discontinued for a period of 6 consecutive months or more; or4 c. The use is discontinued for a total of 6 months or more during a 12 consecutive5 month period; or6 d. A structure housing a nonconforming use experiences substantial destruction or7 reconstruction, except as provided for in MMC 20.66.090(D)(4). 8 4. A structure housing a nonconforming use, or used in support of a nonconforming use, 9 that experiences substantially destruction or reconstruction may have the nonconforming10 use continued provided: 11 a. The substantial destruction and/ or reconstruction is the result of a fire or other12 casualty not intentionally caused by any owner or tenant of the property, and a13 complete building permit application is filed with the City within 6-months of such fire, 14 natural disaster, or casualty event; or15 b. The nonconforming use is eligible for, and the property owner obtains, approval for a16 shoreline conditional use permit. 17 c. The Director may grant up to a 6 month extension of the time limitation set forth in18 MMC 20.66.090(D)(4)(a) provided: 19 i. The property owner requests the extension in writing prior to the expiration of the20 time limitation; and21 ii. The property owner demonstrates extenuating circumstances not of the property22 owners own making that delay submission of a building permit application, such23 as resolution of an insurance claim. 24 5. Ordinary maintenance and repair of a structure housing a nonconforming use, such as25 painting or plumbing repair, shall be permitted provided: 26 a. The work is to maintain safe and sanitary conditions and does not result in an27 enlargement or expansion of the structure; and28 b. The work does not result in substantial destruction or reconstruction. 29 6. A nonconforming use shall not be changed to another nonconforming use. 30 E. Nonconforming structures. The following shall apply to all nonconforming structures: 31 1. Any legally established nonconforming structure may continue until such time that the32 rights for the nonconformity are abandoned pursuant to MMC 20.66.090(E)(4). 33 2. Where multiple structures exist on the same lot, the requirements of this section shall34 apply to each structure independent of the other structure on the same lot; except where35 the nonconformity is due to structural coverage, the requirements of this section shall36 apply to the combined structural coverage of all structures on the same lot as if they37 were one structure. 38 3. A nonconforming structure may be enlarged, extended, repaired, remodeled, or39 structurally altered provided the work does not increase the nonconformity; except40 nonconformity may be increased if: 41 a. A minor deviation is approved to match an existing nonconforming setback or42 nonconforming height; or43 b. An intrusion into a setback, or additional structural coverage exceeding the shoreline44 maximum, is determined by the City to be reasonably necessary and the minimum45 necessary to improve access for elderly or disabled persons. 46 4. Except as provided for in MMC 20.66.090(E)(6), a nonconforming structure shall be47 determined to have its nonconformity abandoned and all nonconforming rights lost48 where: 49 a. Any single-family dwelling, or any detached accessory building associated with a50 single-family dwelling, experiences substantial destruction; or51 Attachment A SMP Attachment A 64 of 90 b. A pier or dock experiences repairs exceeding those listed in MMC 20.65.050, or if1 not listed experiences reconstruction; or2 c. A structure, not listed in MMC 20.66.090(E)(4)(a) or (b), experiences either3 substantial destruction or reconstruction. 4 5. Where the rights to a nonconforming structure have been abandoned, continuation of5 the nonconformity shall cease and any subsequent repair, remodel, alteration, or6 rebuilding shall require the entire structure to be brought into compliance with all7 development regulations in effect. 8 6. A nonconforming structure that experiences substantial destruction or reconstruction9 may maintain the condition of nonconformity provided that: 10 a. The substantial destruction and/ or reconstruction is the result of a fire, natural11 disaster or other casualty not intentionally caused by any owner or tenant of the12 property, and a complete building permit application is filed with the City within 6-13 months of such fire or casualty event; or14 b. The nonconforming structure, or portion thereof, was declared to be unsafe by the15 City’s Building Official, and the property owner submits an application for a building16 permit to reconstruct within 6 months of said determination. 17 c. The Director may grant up to a 6 month extension to the time limitation set forth in18 this section provided: 19 i. The property owner requests the extension in writing prior to the expiration of the20 time limitation; and21 ii. The property owner demonstrates extenuating circumstances not of the property22 owners making that delay submission of a building permit application, such as23 resolution of an insurance claim. 24 7. Where a property exceeds maximum structural coverage standards, upper floor25 additions shall not constitute an expansion of the nonconforming structural coverage, 26 provided that the resulting total gross area (footprint) of the upper floor does not exceed27 the maximum structural coverage prescribed for the lot. 28 F. In addition to the provision set forth in MMC 20.66.090(E)(6), an existing single-family29 dwelling, accessory patio and/or accessory deck, not complying with a shoreline setback30 may experience substantial destruction or reconstruction while preserving the right to the31 existing nonconforming shoreline setback provided: 32 1. The replacement dwelling, patio or deck is reconstructed within the footprint of the33 existing structure; 34 2. Any expansion of the footprint, including any addition to the dwelling, or adding a cover35 to an uncovered patio or deck, shall conform to the shoreline setback prescribed in MMC36 20.63.050; and37 3. A complete application for a building permit to construct a new dwelling, deck or patio is38 submitted within six months following substantial destruction or reconstruction of the39 structure; and40 4. A patio not requiring a building permit is replaced immediately following reconstruction. 41 G. Unlawful uses and structures. 42 1. Uses and structures that did not comply with applicable development regulations in43 effect at the time of its establishment are determined illegal and subject to enforcement44 as prescribed by law. 45 2. Nothing in this section shall be interpreted as granting any right to continue occupancy of46 property containing an illegal use or structure. 47 3. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to48 establish the existence of a nonconforming use and/ or structure. 49 50 51 Attachment A SMP Attachment A 65 of 90 20.66.100 Parking. 1 2 A. Parking facilities are permitted pursuant to the use table set forth in MMC 20.62.030. 3 Parking shall be incidental and a secondary use and located as a principal use of a lot. 4 B. Parking facilities shall provide adequate provisions to control surface water runoff to prevent5 contaminating water bodies. 6 C. Parking facilities shall not be located waterward of the building housing the principal use, 7 except where it can be demonstrated to the Director that an alternative design would have8 less adverse impact on the shoreline. 9 D. Exterior parking facilities shall be designed and landscaped to minimize all adverse impacts10 upon the shoreline. 11 12 20.66.110 Lighting. 13 14 A. Exterior lighting shall be controlled using limits on height, light levels of fixtures, light shields, 15 and other mechanisms that: 16 1. Prevent light pollution or other adverse effects that could infringe upon public enjoyment17 of the shoreline; 18 2. Protect residential uses from adverse impacts that can be associated with light trespass19 from adjoining properties; and20 3. Prevent adverse effects on fish and wildlife species and their habitats. 21 B. Exterior lighting shall be directed downward and away from adjoining residential properties22 and Lake Washington. Shielding may be required to conceal the light source. 23 C. Exterior lighting mounted on piers, docks or other water-dependent uses located at the24 shoreline edge shall be at ground or dock level and be designed to prevent lighting from25 spilling onto the lake water. 26 D. The following shall be exempt from the lighting requirements in this section: 27 1. Emergency lighting required for public safety; 28 2. Lighting for public rights-of-way; 29 3. Outdoor lighting for temporary or periodic events (e.g. community events at public30 parks); 31 4. Seasonal decoration lighting; and32 5. Lighting required by a state or federal agency for navigation purposes. 33 34 20.66.120 Financial securities. 35 36 Where a financial security is required, an applicant may choose to provide a bond, line of credit, 37 cash deposit, or other form of financial guarantee that is acceptable to the City. The terms of38 the financial security shall include the following: 39 A. An amount of funds equal to 100 percent that is sufficient to fully guarantee that all required40 enhancements, mitigation and/or other improvements are completed in a manner that41 complies with the conditions of approval and with satisfactory workmanship and materials; 42 B. An amount of funds equal to 100 percent that guarantees maintenance and/ or monitoring43 requirements are followed and the expense of correcting any failures; 44 C. An amount equal to 100 percent to cover estimated expenses to administer the security45 should it become necessary to apply the financial security towards completing the46 enhancements, mitigation and/ or other improvements; 47 D. Conditions under which the financial security is providing a guarantee; 48 E. A holding timeframe before the financial security may be released; 49 F. Terms to release the security, once all of the terms of the financial security have been50 satisfactory completed. 51 Attachment A SMP Attachment A 66 of 90 20.66.130 Emergency actions. 1 2 A. Emergency actions are those that pose an unanticipated and imminent threat to public3 health, safety, or the environment and that require immediate action or within a time too4 short to allow full compliance with the provisions of the shoreline master program. 5 B. Emergency actions shall comply with the following conditions: 6 1. Limited to using reasonable methods necessary to address the emergency; 7 2. Have the least possible impacts on shoreline ecological functions and processes; and8 3. Comply with the requirements of the Medina Shoreline Master Program, to the extent9 feasible. 10 C. Notification requirements. 11 1. The party undertaking the emergency action shall notify the City immediately of the12 existence of the emergency and the proposed emergency action, or when this is not13 practice, within two business days following commencement of the emergency action. 14 2. The party undertaking the emergency action shall provide the City within seven days15 following completion of the emergency action, a written description of the work16 undertaken, a site plan, a description of the pre-emergency conditions, and other17 information requested by the City to determine the action was permitted within the scope18 of an emergency action. 19 D. Decision. 20 1. The Director shall evaluate the emergency action for consistency with WAC 173-27-21 040(2)(d) and determine whether the action taken, or any part of the action taken, was22 within the scope of an emergency action. 23 2. If the Director determines that the action does not qualify as an emergency action, the24 party may be required to obtain a permit and/or require remediation. This shall not25 preempt the City from determining a particular action to be a violation subject to26 enforcement under Chapter 1.15 MMC. 27 3. Whether the situation qualified as an emergency action or not, the City may require that28 the property owner and/ or the party that undertook the emergency action provide29 mitigation for impacts to shoreline ecological functions. 30 31 32 Attachment A SMP Attachment A 67 of 90 Chapter 20.671 Critical Areas in the Shoreline2 3 Sections: 4 20.67.010 Purpose5 20.67.020 Shoreline critical areas - general provisions. 6 20.67.030 Applicability. 7 20.67.040 Definitions. 8 20.67.050 General requirements. 9 20.67.060 Critical areas report. 10 20.67.070 Wetlands. 11 20.67.080 Geologically hazardous areas. 12 20.67.090 Fish and Wildlife Habitat Conservation Areas. 13 14 20.67.010 Purpose15 16 The purpose of this chapter is to designate and classify ecologically critical areas, and to protect17 these areas and their functions and values where they exist within the shoreline jurisdiction. 18 The mechanisms established in this chapter are intended to protect critical areas in shoreline19 jurisdiction and achieve no net loss of shoreline ecological functions. 20 21 20.67.020 Shoreline critical areas - general provisions. 22 23 A. The requirements of this chapter do not extend beyond the shorelines jurisdiction limits24 specified in the shoreline master program and the Act. For regulations addressing critical25 areas and/ or their buffers that are outside of the shorelines jurisdiction, see Chapter 18.1226 MMC. 27 B. This chapter shall not repeal, abrogate or impair any existing regulations. However, where28 this chapter imposes greater restrictions, the requirements of this chapter shall prevail. 29 C. The critical areas regulations in this chapter apply as an overlay and in addition to zoning30 and other regulations adopted by the City, except the critical areas regulations set forth in31 Chapter 18.12 MMC shall not apply. 32 D. Compliance with this chapter does not constitute compliance with other federal, state, and33 local regulations and permit requirements that may be required (e.g., substantial34 development permits, HPA permits, Army Corps of Engineers Section 404 permits, NPDES35 permits). The applicant is responsible for complying with these requirements, apart from the36 requirements established in this chapter. 37 E. Impacts to critical areas must be addressed through compliance with the policies and38 regulations of the specific shoreline environment designation, the general shoreline39 regulations found in Chapter 20.66 MMC, and the regulations of this chapter. 40 F. Variances to the strict requirements of this chapter shall not be granted, except through the41 shoreline variance processes meeting the criteria set forth in WAC 183-27-170. The42 Reasonable Use Exception set forth in MMC 18.12.130 shall not apply to critical areas43 within the shoreline area. 44 45 20.67.030 Applicability. 46 47 A. Applicability. The provisions of this chapter apply to all development, activity, and48 associated uses within the shoreline jurisdiction, which contain critical areas and their49 buffers as defined in this chapter. 50 Attachment A SMP Attachment A 68 of 90 B. Critical areas exemptions. The following development, activities and associated uses shall1 be exempt from the requirements of this chapter; however, the critical areas exemptions do2 not include exemptions from other provisions of the shoreline master program such as3 exemptions from substantial development permits provided under WAC 173-27-040. 4 1. Emergency actions as set forth in MMC 20.66.130. 5 2. Operations, maintenance, remodel or repair of existing structures and facilities, provide6 there is no further intrusion into a critical area or its buffers and there is no significant7 increase in risk to life or property as result of the action. 8 3. Minor site investigate work necessary for land use submittals, such as surveys, soil logs, 9 percolation tests, and other related activities, where such activities do not require10 construction of new roads or significant amounts of excavation in. In every case the11 disruption to the critical area shall be minimized and the disturbed areas immediately12 restored. 13 4. Construction or modification of navigational aids and boundary markers. 14 C. Limited critical areas exemptions. The following developments, activities, and associated15 uses shall not be required to follow a critical areas review process; provided, that they are16 consistent with the requirements of this chapter and the other provisions of the Medina17 Shoreline Master Program. The City may condition approval of such to ensure adequate18 critical areas protection: 19 1. Existing single-family residences may be expanded, reconstructed, or replaced, provided20 all of the following are met: 21 a. Expansion within a critical area buffer is limited to 500 square feet of structural22 coverage beyond the existing structural coverage; 23 b. The expansion extends no closer to critical area than previously; 24 c. The proposal does not cause a net loss of shoreline ecological functions of wetlands, 25 fish and wildlife habitat conservation areas, and their buffers; 26 d. The proposal includes on-site mitigation to achieve no net loss of ecological27 functions; 28 e. The proposal will not significantly affect drainage capabilities, flood potential, and29 steep slopes and landslide hazards on neighboring properties; and30 f. The expansion would not cause a tree within a buffer to be labeled as a hazardous31 tree and thus require the removal of the hazardous tree; 32 2. Replacement, modification, installation or construction of streets and utilities in existing33 developed utility easements, improved city street rights-of-way, or developed private34 streets. Utilities include water, sewer lines, and stormwater and franchise (private) 35 utilities such as natural gas lines, telecommunication lines, cable communication lines, 36 electrical lines and other appurtenances associated with these utilities. The activity37 cannot further permanently alter or increase the impact to, or encroach further within, a38 critical area or buffer and must utilize best management practices; 39 3. Public and Private Non-motorized Trails. Public and private pedestrian trails provided: 40 a. There is no practicable alternative that would allow placement of the trail outside of41 critical area or their buffers; 42 b. The trail surface shall meet all other requirements including water quality standards; 43 c. Trails proposed in stream or wetland buffers shall be located in the outer 25 percent44 of the buffer area, except when bridges or access points are proposed; 45 d. Stream and wetland buffer widths shall be increased, where possible, equal to the46 width of the trail corridor, including disturbed areas; 47 e. Trail corridors in critical areas and buffers shall not exceed six feet in width; and48 f. Trails proposed to be located in landslide or erosion hazard areas shall be49 constructed in a manner that does not increase the risk of landslide or erosion and in50 accordance with an approved geotechnical report; 51 Attachment A SMP Attachment A 69 of 90 4. Select Vegetation Removal Activities. The following limited vegetation removal activities1 are allowed in critical areas and buffers. Otherwise, removal of any vegetation or woody2 debris from a critical area shall be prohibited unless the action is part of an approved3 alteration. 4 a. The removal of the following vegetation with hand labor and/or light equipment; pro-5 vided, that the appropriate erosion-control measures are used and the area is6 replanted with native vegetation: 7 i. Invasive weeds; 8 ii. Himalayan blackberry (Rubus discolor, R. procerus); 9 iii. Evergreen blackberry (R. laciniatus); 10 iv. Ivy (Hedera spp.); and11 v. Holly (Ilex spp.), laurel, Japanese knotweed (Polygonum cuspidatum), or any12 other species on the King County Noxious Weed List. 13 b. The cutting and removal of trees that are hazardous, posing a threat to public safety, 14 or posing an imminent risk of damage to private property, from critical areas and15 buffers; provided, that the provisions in MMC 20.66.050 are followed. 16 c. Trimming of vegetation for purposes of providing view corridors will be allowed; and17 that trimming shall be limited to view corridors of 20 feet in width or less, that the18 limbs involved do not exceed three inches in diameter, that no more than 25 percent19 of the live crown is removed, and that benefits to fish and wildlife habitat are not20 reduced. Trimming shall be limited to hand pruning of branches and vegetation. 21 Trimming shall not include felling, topping, stripping, excessive pruning or removal of22 trees. 23 d. Measures to control a fire or halt the spread of disease or damaging insects24 consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that25 the removed vegetation shall be replaced in-kind or with similar native species within26 one year in accordance with an approved restoration plan prepared by a qualified27 professional; and28 5. Conservation, Preservation, Restoration and/or Enhancement. 29 a. Conservation and/or preservation of soil, water, vegetation, fish and/or other wildlife30 that does not entail alteration of the location, size, dimensions or functions of an31 existing critical area and/or buffer; and32 b. Restoration and/or enhancement of critical areas or buffers; provided, that actions do33 not alter the location, dimensions or size of the critical area and/or buffer; that actions34 do not alter or disturb existing native vegetation or wildlife habitat attributes; that35 actions improve and do not reduce the existing functions of the critical areas or36 buffers; and that actions are implemented according to a restoration and/or37 enhancement plan that has been approved by the City. 38 39 20.67.040 Definitions. 40 41 A. In addition to the definitions set forth in Chapter 20.60 MMC, the definitions set forth in42 Chapter 18.12 MMC, and adopted under Ordinance No. 784, shall be adopted as the43 definitions applicable to critical areas within the shoreline jurisdiction. 44 B. If any definition in Chapter 18.12 MMC conflicts with provisions in the shoreline master45 program, the shoreline master program shall prevail. 46 47 20.67.050 General requirements. 48 49 A. Avoid impacts to critical areas. 50 Attachment A SMP Attachment A 70 of 90 1. The applicant shall avoid all impacts that result in a net loss of shoreline ecological1 functions, or where the results are an unacceptable level of risk associated with a2 geologically hazardous area. 3 2. Unless otherwise provided for in this chapter: 4 a. If alteration to fish and wildlife habitat conservation areas, wetlands and/or their5 buffers is proposed, impacts resulting from a development proposal or alteration6 shall be mitigated in accordance with the mitigation sequencing set forth in MMC7 20.67.050(B) and an approved critical area report and any applicable SEPA8 documents; or9 b. A development proposal or alteration within a geologically hazardous area and/or its10 buffer must comply with a geotechnical report approved by the city that assesses the11 risk to health and safety, and makes recommendations for reducing the risk to12 acceptable levels through engineering, design, and/or construction practices. 13 B. Mitigation. 14 1. Mitigation shall be in-kind and on-site, where feasible, and sufficient to maintain critical15 areas and shoreline ecological functions and values, and to prevent risk from hazards16 posed by a critical area. 17 2. Mitigation shall not be implemented until after the City approves the applicable critical18 area report and mitigation plan. Following city approval, mitigation shall be implemented19 in accordance with the provisions of the approved critical area report and mitigation plan. 20 C. Mitigation sequencing. 21 1. Pursuant to MMC 20.66.020, applicants must demonstrate that all reasonable efforts22 have been examined with the intent to avoid or minimize impacts to shoreline ecological23 functions as provided by critical areas. 24 2. When an alteration to a critical area and/or buffer is proposed, such alteration shall25 follow the mitigation sequencing set forth as follows: 26 a. For fish and wildlife habitat conservation areas, wetlands and/or their buffers, 27 avoiding the impact altogether by not taking a certain action or parts of an action, 28 except this provision shall not be used to deny a use or activity specifically29 authorized by the shoreline master program; 30 b. For geological hazards, minimizing or eliminating the hazard by restoring or stabi-31 lizing the hazard area through engineered or other methods; 32 c. Minimizing impacts by limiting the degree or magnitude of the action by using33 appropriate technology, or by taking affirmative steps to avoid or reduce the impact; 34 d. Rectifying the impact by repairing, rehabilitating, or restoring the affected35 environment; 36 e. Reducing or eliminating the impacts over time by preservation and/or maintenance37 operations; 38 f. Compensating for the impact by replacing, enhancing, or providing substitute39 resources or environments; and40 g. Monitoring the impact and the compensation projects and taking appropriate41 corrective measures. 42 D. Mitigation plan requirements. Where mitigation is required, the applicant shall submit, and43 obtain approval from the City, a mitigation plan as part of, or in addition to, the critical area44 report. The mitigation plan shall include the following information: 45 1. A description of existing critical areas and/or buffers conditions, shoreline ecological46 functions as provided by critical areas, and a description of the anticipated impacts; 47 2. A description of proposed mitigating actions and mitigation site selection criteria; 48 3. A description of the goals and objectives of proposed mitigation relating to impacts to49 shoreline ecological functions as provided by critical areas; 50 Attachment A SMP Attachment A 71 of 90 4. A review of the most current, accurate, and complete scientific and technical information1 available supporting proposed mitigation, a description of the plan/report author’s2 experience to date in restoring or creating the type of critical area proposed, and an3 analysis of the likelihood of success of the mitigation project; 4 5. A description of specific measurable criteria for evaluating whether or not the goals and5 objectives of the mitigation plan have been successfully attained and whether or not the6 requirements of these critical area regulations have been met; 7 6. Detailed construction plans including site diagrams, cross-sectional drawings, 8 topographic elevations at one- or two-foot contours, slope percentage, final grade9 elevations, and any other drawings appropriate to show construction techniques or10 anticipated final outcome; 11 7. Construction plans should also include specifications and descriptions of: 12 a. Proposed construction sequence, timing, and duration; 13 b. Grading and excavation details; 14 c. Erosion and sediment control features; 15 d. A planting plan specifying plant species, quantities, locations, size, spacing, and16 density, with density standards as follows: 17 i. Forested conditions: 18 1) Trees: Nine feet on center, or 0.012 trees per square foot (this assumes two- 19 to five-gallon size) with at least 50 percent conifers; 20 2) Shrubs: Six feet on center, or 0.028 shrubs per square foot (this assumes21 one- to two-gallon size); and22 3) Herbs and groundcovers: Four feet on center, or 0.063 plants per square foot23 this assumes 10-inch plug or four-inch pot). 24 ii. Shrub conditions: 25 1) Shrubs: Five feet on center, or 0.04 shrubs per square foot (this assumes26 one- to two-gallon size); and27 2) Herbs and groundcovers: Four feet on center, or 0.063 plants per square foot28 this assumes 10-inch plug or four-inch pot). 29 iii. Emergent, herbaceous and/or ground-cover conditions: 30 1) Herbs and groundcovers: One foot on center, or one plant per square foot31 this assumes 10-inch plug or four-inch pot); or32 2) Herbs and groundcovers: 18 inches on center, or 0.444 plant per square foot33 if supplemented by over-seeding of native herbs, emergent or graminoids as34 appropriate; 35 e. Measures to protect and maintain plants until established; 36 8. A maintenance and monitoring program containing, but not limited to the following: 37 a. An outline of the schedule for site monitoring; 38 b. Performance standards including, but not limited to 100 percent survival of newly39 planted vegetation within the first two years of planting, and 80 percent for years40 three or more; 41 c. Contingency plans identifying courses of action and any corrective measures to be42 taken if monitoring or evaluation indicates performance standards have not been43 met; 44 d. The period of time necessary to establish that performance standards have been45 met, not to be less than three years; 46 9. Financial guarantees ensuring fulfillment of the compensation project, monitoring47 program, and any contingency measures shall be posted in accordance with MMC48 20.66.120; 49 10. Other information determined necessary by the Director. 50 Attachment A SMP Attachment A 72 of 90 E. Determination process. The Director shall make a determination as to whether the1 proposed activity and mitigation, if any, is consistent with the provisions of these critical2 areas regulations. The Director’s determination shall be based on the following: 3 1. Any alteration to a critical area and/or critical area buffer, unless otherwise provided for4 in these critical area regulations, shall be reviewed and approved, approved with5 conditions, or denied based on the proposal’s ability to comply with all of the following6 criteria: 7 a. The proposal will result in no net loss of shoreline ecological functions as provided by8 critical areas in accordance with the mitigation sequencing prescribed in MMC9 20.67.050(C); 10 b. The proposal does not pose an unreasonable threat to the public health, safety, or11 welfare on or off the development proposal site; 12 c. The proposal is consistent with the general purposes of these critical area13 regulations, the Shoreline Master Program and the public interest; 14 d. Any impacts permitted to the critical area and/or buffers are mitigated in accordance15 with MMC 20.67.050(B), (C) and (D); 16 e. The proposal protects critical area and/or buffer functions and values consistent with17 the most current, accurate, and complete scientific and technical information18 available; and19 f. The proposal is consistent with other applicable regulations and standards. 20 2. The City may condition the proposed activity as necessary to mitigate impacts to critical21 areas and/or buffers and to conform to the standards required by these critical area22 regulations. 23 3. Except as provided for by these critical area regulations, any project that cannot24 adequately mitigate its impacts to critical areas and/or buffers shall be denied. 25 4. The City may require critical area or geotechnical reports to have an evaluation by an26 independent qualified professional at the applicant’s expense when determined to be27 necessary to the review of the proposed activity. 28 F. Notice on title. In order to inform subsequent purchasers of real property of the existence of29 critical areas, the owner of any property containing a critical area or buffer on which a30 development proposal is submitted shall file for record with King County Auditor a notice31 approved in form by the City. The notice shall state the presence of the critical area or buffer32 on the property. The owner shall submit proof to the City that the notice has been filed for33 record within 30 days after the approval of a development permit. The notice shall run with34 the land, and failure to provide such notice to any purchaser prior to transferring any interest35 in the property shall be a violation of this chapter. 36 G. Native Growth Protection Areas (NGPAs) shall be used in development proposals for37 subdivisions and short subdivisions in accordance with the following: 38 1. NGPAs shall delineate and protect those contiguous critical areas and buffers listed39 below: 40 a. All landslide hazard areas and buffers, except when a development proposal is41 approved in a landslide hazard area and/or buffer per a geotechnical report; 42 b. All wetlands and buffers; 43 c. All fish and wildlife habitat conservation areas; and44 d. All other lands to be protected from impacts as conditioned by project approval; 45 2. NGPAs shall be recorded on all documents of title of record for all affected lots; 46 3. NGPAs shall be designated on the face of the plat or recorded drawing in a format47 approved by the City and include the following restrictions: 48 a. Native vegetation shall be preserved within the NGPA for the purpose of preventing49 harm to property and the environment; and50 b. The City of Medina has the right to enforce NGPA restrictions. 51 Attachment A SMP Attachment A 73 of 90 1 20.67.060 Critical areas report. 2 3 A. If fish and wildlife habitat conservation areas, wetlands, steep slopes and/or their buffers4 may be affected by a proposed activity, the applicant shall submit a critical area report5 meeting the following requirements: 6 1. Prepared by a qualified professional; 7 2. Incorporate the most current, accurate, and complete scientific and technical information8 available using scientifically valid methods and studies in the analysis of critical area9 data and field reconnaissance and reference the source of science used; and10 3. Evaluate the proposal and all probable impacts to critical areas in accordance with the11 provisions of these critical area regulations. 12 B. At a minimum the report shall include the following information: 13 1. The applicant’s name and contact information, a project description, project location, and14 identification of the permit requested; 15 2. A site plan for the proposal showing: 16 a. The development proposal with dimensions and any identified critical areas and17 buffers within 200 feet of the proposed project; and18 b. Limits of any areas to be cleared; 19 3. The date the report was prepared; 20 4. The names and qualifications of the persons preparing the report and documentation of21 any fieldwork performed on the site; 22 5. Identification and characterization of all noncritical areas and critical areas and their23 buffers within, and adjacent to, the proposed project area. This information shall include, 24 but is not limited to: 25 a. Size or acreage, if applicable; 26 b. Applicable topographic, vegetative, faunal, soil, substrate and hydrologic27 characteristics; and28 c. Relationship to other nearby critical areas; 29 6. An assessment of the probable cumulative impacts to critical areas resulting from the30 proposed development; 31 7. An analysis of site development alternatives; 32 8. A description of reasonable efforts made to apply mitigation sequencing pursuant to33 MMC 20.67.050(C) to avoid or compensate for impacts to shoreline ecological functions34 as provided by critical areas; 35 9. Plans for mitigation in accordance with MMC 20.67.050(B), (C) and (D); and36 10. Any additional information required for the critical area as specified in this chapter. 37 C. The applicant may consult with the Director prior to or during preparation of the critical area38 report to obtain City approval of modifications to the required contents of the report where, in39 the judgment of a qualified professional, more or less information is required to adequately40 address the potential critical area impacts and required mitigation. 41 D. The Director may require additional information to be included in the critical area report and42 may also require the critical area report to include an evaluation by the Department of43 Ecology or an independent qualified expert when determined to be necessary to the review44 of the proposed activity in accordance with these critical area regulations. 45 46 20.67.70 Wetlands47 48 A. Designation. 49 1. Wetlands are those areas, designated in accordance with the approved federal wetland50 delineation manual and applicable regional supplements set forth in WAC 173-22-035. 51 Attachment A SMP Attachment A 74 of 90 2. All areas within the City of Medina that meet the wetland designation criteria in the1 manual, regardless of any formal identification, are hereby designated critical areas and2 are subject to the provisions of these critical area regulations. 3 B. Wetland ratings. Wetlands shall be rated according to the Washington Department of4 Ecology wetland rating system for Western Washington (Ecology Publication #04-06-025, or5 as revised and approved by Ecology). These documents contain the definitions and6 methods for determining if the criteria below are met. 7 C. Wetland Rating Categories. 8 1. The following table provides a summary of the categories of wetland and the criteria for9 their categorization. 10 11 Table 20.67.070(C) Wetland Categories12 Category Criteria for Designation Category I Represent a unique or rare wetland type; Are more sensitive to disturbance than most wetlands; Are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or Provide a high level of functions. Score 70 points or higher on the rating system. Category II Are not defined as Category I wetlands. Are difficult, though not impossible, to replace; Provide high levels of some functions; Score 51 to 69 points on the rating system Category III Do not satisfy Category I or II criteria; Provide moderate levels of functions; Score 30 to 50 on the rating system. Category IV Do not satisfy Category I, II or III criteria; Provide the lowest levels of functions; Often are heavily disturbed; Score fewer than 30 points on the rating system. 13 2. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists14 on the date of adoption of the rating system by the City, as the wetland naturally15 changes thereafter, or as the wetland changes in accordance with permitted activities. 16 Wetland rating categories shall not change due to illegal modifications. 17 3. Wetland rating categories shall not change due to illegal modifications made by the18 property owner or with the property owner’s knowledge. 19 D. Mapping. 20 1. The approximate location and extent of known wetlands are identified in the City of21 Medina Critical Areas Inventory. This inventory is to only be used as a guide for the City22 of Medina, project applicants, and/or property owners, and may be continuously updated23 as new critical areas are identified. The inventory is only a reference and does not24 provide a final critical area designation. 25 2. The exact location of a wetland’s boundary shall be determined through the performance26 of a field investigation by a qualified professional applying the Washington State27 Wetlands Identification and Delineation Manual (Department of Ecology Publication No. 28 96-94), or as revised, as required by RCW 36.70A.175. 29 E. Wetlands – development standards. 30 Attachment A SMP Attachment A 75 of 90 1. Activities and uses shall be prohibited within wetland and wetland buffer areas, except1 as provided for in these critical area regulations. 2 2. The following table contains wetland buffer widths: 3 4 Table 20.67.070(E) Wetland Buffer Widths5 Wetland Category Standard Buffer Width Buffer if Rating Score includes 21 25 Habitat points Buffer if Rating Score includes 26 – 29 Habitat points Buffer if Rating Score includes 30 – 36 Habitat points Category I 75 feet 105 feet 165 feet 225 feet Category II 75 feet 105 feet 165 feet 225 feet Category III 60 feet 105 feet 165 feet Not Applicable Category IV 40 feet Not Applicable Not Applicable Not Applicable 6 3. The width of the wetland buffer shall be determined according to the wetland category7 and habitat scoring of the wetland and Table 20.67.070(E). 8 4. Measurement of wetland buffers shall be from the outer edges of the wetland boundaries9 as determined through the performance of a field investigation by a qualified10 professional applying the wetlands identification and delineation pursuant to MMC11 20.67.070(B) and as surveyed in the field. 12 F. Wetland Buffer Reduction. The wetland buffer width in Table 20.67.070(E) may be reduced13 by up to a maximum of 25 percent provided: 14 1. The amount of reduction is based on voluntary employment of incentive-based action15 measures set forth in MMC 20.67.070(G); 16 2. A critical areas report prepared by a professional with expertise in wetlands and17 approved by the City using the most current, accurate, and complete scientific and18 technical information available determines a smaller area can be adequate to protect the19 wetland functions and values based on site-specific characteristics; and20 3. The mitigation provided will result in a net improvement of the wetland and buffer21 functions; 22 4. Any remaining wetland buffer areas on the property not subject to the reduction, but are23 degraded, are re-vegetated with native plants; and24 5. A five year monitoring and maintenance program is provided. 25 G. The following table provides incentive options that may be employed to allow for the26 reduction of a wetland buffer width as set forth in MMC 20.67.070(F). Where multiple27 options for an action are prescribed in the table, only one option under that action may be28 applied. 29 30 31 Attachment A SMP Attachment A 76 of 90 Table 20.67.070(G) Wetland Buffer Reduction Incentive Options1 Description of Action Options Reduction Allowance Remove impervious surface within wetland buffer area Remove at least 50 percent of the impervious surface within the reduced buffer area, but where the total impervious surface removed is less than 500 square feet 5 percent points Remove at least 50 percent of the impervious surface within the reduced buffer, but where the total impervious surface removed is more than 500 square feet 10 percent points Remove 100 percent of impervious surfaces within the reduced buffer, where at least 50 percent of the reduced buffer presently contains impervious surface 20 percent points Install Biofiltration/ infiltration mechanisms Install bioswales, created and/ or enhanced wetlands, or ponds supplemental to existing surface water drainage and water quality requirements 20 percent points Remove invasive, nonnative vegetation Remove invasive, nonnative vegetation and continue maintenance during the 5- year monitoring program of removing relatively dense stands of invasive, nonnative vegetation from significant portions of the reduced buffer area 10 percent points Install oil-water separator If not required by other provisions of the Medina Municipal Code, install oil-water separators for surface water quality control 10 percent points Replace Impervious materials Replace impervious materials for driveway/ road construction with pervious materials 10 percent points Provide off-site Restoration where no on- site restoration is available Restoration is provided at a 2:1 ratio or greater 10 percent points Restoration is provided at a 4:1 ratio or greater 20 percent points Remove Toxic materials Remove significant refuse or sources of toxic material 10 percent points 2 H. Averaging of Wetland Buffer Width. The City may allow the wetland buffer width to be3 averaged provided: 4 1. The proposal results in a net improvement of wetland, habitat and buffer function; 5 2. The proposal includes re-vegetation of the averaged buffer using native plants, if6 needed; 7 3. The total area contained in the buffer of each wetland on the development proposal site8 is not decreased; 9 4. The wetland buffer width is not reduced by more than 25 percent in any one location; 10 and11 Attachment A SMP Attachment A 77 of 90 5. A critical areas report meeting the requirements set forth in MMC 20.67.060 indicates1 the criteria in this subsection will be met. 2 I. Wetland buffer averaging and wetland buffer reduction may not be used together on an3 individual wetland. 4 J. Buffers for Mitigation Shall Be Consistent. All mitigation sites shall have buffers consistent5 with the buffer requirements of this chapter. The buffer for a wetland that is created, 6 restored, or enhanced as compensation for approved wetland alterations shall have the7 minimum buffer required for the highest wetland category involved. 8 K. Buffer Conditions Shall Be Maintained. Except as otherwise specified or allowed in9 accordance with these critical area regulations, wetland buffers shall be retained in their10 natural condition. 11 L. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those12 areas to be disturbed pursuant to an approved permit or authorization shall be marked in the13 field in such a way as to ensure that no unauthorized intrusion will occur, and inspected by14 the City prior to the commencement of permitted activities. This temporary marking shall be15 maintained throughout construction, and shall not be removed until permanent signs, if16 required, are in place pursuant to MMC 20.67.070(M). 17 M. Permanent Signs. 18 1. As a condition of any permit or authorization issued pursuant to this chapter, the city19 manager or designee may require the applicant to install permanent signs along the20 boundary of a wetland or buffer. 21 2. Permanent signs shall be made of a metal face and attached to a metal post, or another22 material of equal durability. The sign shall be worded as follows or with alternative23 language approved by the city: 24 25 Protected Wetland Area26 Do Not Disturb. 27 Contact the City of Medina28 Regarding Uses and Restriction29 30 3. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, 31 and must be maintained by the property owner in perpetuity. 32 N. Fencing. 33 1. The city manager or designee may condition any permit or authorization issued pursuant34 to this chapter to require the applicant to install a permanent fence at the edge of the35 wetland buffer, when fencing will prevent future impacts to the wetland. 36 2. Fencing installed as part of a proposed activity or as required in this subsection shall be37 designed so as to not interfere with species migration, including fish runs, and shall be38 constructed in a manner that minimizes impacts to the wetland and associated habitat. 39 O. Additional mitigation measures. In addition to the requirements in MMC 20.67.050(B), (C) 40 and (D), when mitigation for wetland and/ or wetland buffer impacts is required, the following41 supplementary requirements shall apply: 42 1. Mitigation for alterations to wetland and/or wetland buffer shall achieve equivalent or43 greater shoreline ecological functions and shall be consistent with the Department of44 Ecology Guidance on Wetland Mitigation in Washington State (2004, Department of45 Ecology Publication No. 04-06-013), as revised. 46 2. Wetland or wetland buffer mitigation actions shall not result in a net loss of wetland or47 buffer area except when the lost wetland or buffer area provides minimal functions and48 the mitigation action(s) results in a net gain in wetland or buffer functions as determined49 by a site-specific function assessment. 50 Attachment A SMP Attachment A 78 of 90 3. Mitigation actions shall address and provide equivalent or greater wetland and buffer1 functions and values compared to wetland and buffer conditions existing prior to the2 proposed alteration. 3 4. Mitigation actions shall be in-kind and conducted within the same basin and on the same4 site as the alteration except when the following apply: 5 a. There are no reasonable on-site opportunities for mitigation or on-site opportunities6 do not have a high likelihood of success due to development pressures, adjacent7 land uses, or on-site buffers or connectivity are inadequate; 8 b. Off-site mitigation has a greater likelihood of providing equal or improved wetland9 functions than the impacted wetland; and10 c. Off-site locations shall be in the same basin and the same Water Resource Inventory11 Area (WRIA). 12 5. Mitigation Timing. Where feasible, mitigation projects shall be completed prior to13 activities that will disturb wetlands. In all other cases, mitigation shall be completed14 immediately following disturbance and prior to use or occupancy of the activity or15 development. Construction of mitigation projects shall be timed to reduce impacts to16 existing wildlife and flora. 17 6. Mitigation Ratios. 18 a. The ratios in the following table shall apply to wetland creation or restoration that is19 in-kind, on-site, the same category, and has a high probability of success. The first20 number specifies the acreage of replacement wetlands and the second specifies the21 acreage of wetlands altered. 22 23 Table 20.67.070(O) Wetland Mitigation Ratios24 Wetland Category Creation or Re-establishment Enhancement as Mitigation Category I 6:1 16:1 Category II 3:1 12:1 Category III 2:1 8:1 Category IV 1.5:1 6:1 25 b. Increased Replacement Ratio. The Director may increase the ratios under the26 following circumstances: 27 i. Uncertainty exists as to the probable success of the proposed restoration or28 creation; or29 ii. A significant period of time will elapse between impact and replication of wetland30 functions; or31 iii. Proposed mitigation will result in a lower category wetland or reduced functions32 relative to the wetland being impacted; or33 iv. The impact was an unauthorized impact. 34 c. Decreased Replacement Ratio. The Director may decrease these ratios under the35 following circumstances: 36 i. Documentation by a qualified wetlands specialist demonstrates that the proposed37 mitigation actions have a very high likelihood of success; 38 ii. Documentation by a qualified wetlands specialist demonstrates that the proposed39 mitigation actions will not result in a net loss of shoreline ecological functions; 40 and41 iii. The proposed mitigation actions are conducted in advance of the impact and42 have been shown to be successful. 43 Attachment A SMP Attachment A 79 of 90 d. Minimum Replacement Ratio. In all cases, a minimum acreage replacement ratio of1 one-to-one shall be required. 2 7. Wetland Mitigation Banks. 3 a. Credits from a wetland mitigation bank may be approved for use as compensation for4 unavoidable impacts to wetlands when: 5 i. The bank is certified under Chapter 173-700 WAC; 6 ii. The city manager or designee determines that the wetland mitigation bank7 provides appropriate compensation for the authorized impacts; and8 iii. The proposed use of credits is consistent with the terms and conditions of the9 bank’s certification. 10 b. Replacement ratios for projects using bank credits shall be consistent with11 replacement ratios specified in the bank’s certification. 12 c. Credits from a certified wetland mitigation bank may be used to compensate for13 impacts located within the service area specified in the bank’s certification. In some14 cases, bank service areas may include portions of more than one WRIA for specific15 wetland functions. 16 8. Wetland Enhancement as Mitigation. 17 a. Impacts to wetlands may be mitigated by enhancement of existing significantly18 degraded wetlands. 19 b. Applicants proposing to enhance wetlands must produce a critical area report that20 identifies how enhancement will increase the functions of the degraded wetland and21 how this increase will adequately mitigate for the loss of wetland area and function at22 the impact site. 23 c. The enhancement acreage shall be pursuant to the ratios in Table 20.67.070(O). 24 25 20.67.080 Geologically hazardous areas. 26 27 A. Geologically hazardous areas include those areas susceptible to erosion, sliding, 28 earthquake, or other geologic events. They pose a threat to the health and safety of citizens29 when incompatible development is sited in areas of significant hazard. Such incompatible30 development may not only place itself at risk, but also may increase the hazard to31 surrounding development and use. In the City of Medina, areas susceptible to one or more32 of the following types of hazards shall be designated as a geologically hazardous area: 33 1. Erosion hazard; 34 2. Landslide hazard; and35 3. Seismic hazard. 36 B. Specific hazard areas – Designation. 37 1. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the38 U.S. Department of Agriculture’s Natural Resources Conservation Service as having a39 moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard. 40 2. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to41 landslides based on a combination of geologic, topographic, and hydrologic factors. 42 They include areas susceptible because of any combination of bedrock, soil, slope43 gradient), slope aspect, structure, hydrology, or other factors. Example of these may44 include, but are not limited to, the following: 45 a. Areas of historic failures, such as: 46 i. Those areas delineated by the U.S. Department of Agriculture’s Natural47 Resources Conservation Service as having a “severe” limitation for building site48 development; 49 Attachment A SMP Attachment A 80 of 90 ii. Areas designated as quaternary slumps, earth-flows, mudflows, lahars, or1 landslides on maps published by the U.S. Geological Survey or Department of2 Natural Resources; 3 b. Areas with all three of the following characteristics: 4 i. Slopes steeper than 15 percent; and5 ii. Hillsides intersecting geologic contacts with a relatively permeable sediment6 overlying a relatively impermeable sediment or bedrock; and7 iii. Springs or ground water seepage; 8 c. Slopes that are parallel or sub-parallel to planes of weakness (such as bedding9 planes, joint systems, and fault planes) in subsurface materials; 10 d. Areas potentially unstable because of rapid stream incision, stream bank erosion, 11 and undercutting by wave action; 12 e. Areas located in a canyon or on an active alluvial fan, presently or potentially subject13 to inundation by debris flows or catastrophic flooding; and14 f. Steep slopes, which are any area with a slope of 40 percent or steeper and with a15 vertical relief of 10 or more feet except areas composed of consolidated rock. A16 slope is delineated by establishing its toe and top and measured by averaging the17 inclination over at least 10 feet of vertical relief. 18 3. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of19 damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil20 liquefaction, lateral spreading, or surface faulting. One indicator of potential for future21 earthquake damage is a record of earthquake damage in the past. Ground shaking is22 the primary cause of earthquake damage in Washington. The strength of ground23 shaking is primarily affected by: 24 a. The magnitude of an earthquake; 25 b. The distance from the source of an earthquake; 26 c. The type and thickness of geologic materials at the surface; and27 d. The subsurface geologic structure. 28 Settlement and soil liquefaction conditions occur in areas underlain by cohesionless, 29 loose, or soft-saturated soils of low density, typically in association with a shallow ground30 water table. 31 C. Mapping. 32 1. The approximate location and extent of geologically hazardous areas are shown on the33 adopted critical area maps. The adopted critical area maps include: 34 a. U.S. Geological Survey landslide hazard, seismic hazard and volcano hazard maps; 35 b. Department of Natural Resources seismic hazard maps for Western Washington; 36 c. Department of Natural Resources slope stability maps; 37 d. Federal Emergency Management Administration flood insurance maps; and38 e. Locally adopted maps. 39 2. These maps are to be used as a guide for the City of Medina, project applicants and/or40 property owners, and may be continuously updated as new critical areas are identified. 41 They are a reference and do not provide a final critical area designation. 42 D. Additional report requirements. 43 1. For development proposed to be located in erosion or landslide hazard areas, the44 applicant shall submit a geotechnical report prepared by a qualified professional. A45 steep slope hazard must also meet the requirements for a critical area report set forth in46 MMC 20.67.060. 47 2. The Director may require a geotechnical report for development proposed in a seismic48 hazard area. 49 Attachment A SMP Attachment A 81 of 90 E. Where a geotechnical report is required, a geotechnical assessment of the geological1 hazards including the following site- and proposal-related information shall be included in2 either the geotechnical report or the critical areas report. 3 1. Site and construction plans for the proposal showing: 4 a. The type and extent of geologic hazard areas, any other critical areas, and any5 critical area buffers on, adjacent to, within 200 feet of, or that are likely to impact the6 proposal or be impacted by the proposal; 7 b. Proposed development, including the location of existing and proposed structures, 8 fill, storage of materials, and drainage facilities, with dimensions indicating distances9 to the geologically hazardous area; and10 c. The topography, in two-foot contours, of the project area and all hazard areas11 addressed in the report; 12 2. An assessment of the geologic characteristics and engineering properties of the soils, 13 sediments, and/or rock of the project area and potentially affected adjacent properties, 14 and a review of the site history regarding landslides, erosion, and prior grading. Soils15 analysis shall be accomplished in accordance with accepted taxonomic classification16 systems in use in the region. The assessment shall include, but not be limited to: 17 a. A description of the surface and subsurface geology, hydrology, soils, and vegetation18 found in the project area and in all hazard areas addressed in the report; 19 b. A detailed overview of the field investigations, published data and references; data20 and conclusions from past assessments of the site; and site specific measurements, 21 tests, investigations, or studies that support the identification of geologically22 hazardous areas; and23 c. A description of the vulnerability of the site to the relevant geologic hazard; 24 3. A geotechnical analysis including a detailed description of the project, its relationship to25 the geologic hazard(s), and its potential impact upon the hazard area, the subject26 property and affected adjacent properties; and27 4. Recommendations for the minimum no-disturbance buffer and minimum building setback28 from any geologic hazard based upon the geotechnical analysis. The Director may29 assign buffer and building setbacks based on this information. For steep slopes, the30 minimum buffer widths are specified in MMC 20.67.080(J). 31 5. When hazard mitigation is required: 32 a. The mitigation plan shall specifically address how the activity maintains or reduces33 the pre-existing level of risk to the site and adjacent properties on a long-term basis34 equal to or exceeding the projected lifespan of the activity or occupation); 35 b. Proposed mitigation techniques shall be considered to provide long-term hazard36 reduction only if they do not require regular maintenance or other actions to maintain37 their function; and38 c. Mitigation may also be required to avoid any increase in risk above the pre-existing39 conditions following abandonment of the activity. 40 6. Where a valid geotechnical report has been prepared and approved by the City within41 the last five years for a specific site, and where the proposed land use activity and42 surrounding site conditions are unchanged, said report may be incorporated into the43 required critical area or geotechnical report provided the applicant submits a44 geotechnical assessment detailing any changed environmental conditions associated45 with the site. 46 7. Additional information determined by the Director to be necessary to the review of the47 proposed activity and the subject hazard. 48 F. In addition to the geotechnical report requirements specified in MMC 20.67.080(E), a49 geotechnical or critical area report (as specified in MMC 20.67.080(D)) for an erosion hazard50 or landslide hazard shall include the following information: 51 Attachment A SMP Attachment A 82 of 90 1. A site plan for the proposal showing the following: 1 a. The height of slope, slope gradient, and cross section of the project area; 2 b. The location of springs, seeps, or other surface expressions of ground water on or3 within 200 feet of the project area or that have potential to be affected by the4 proposal; and5 c. The location and description of surface water runoff. 6 2. The geotechnical analysis shall specifically include: 7 a. A description of the extent and type of vegetative cover; 8 b. An estimate of load capacity including surface and ground water conditions, public9 and private sewage disposal systems, fills and excavations, and all structural10 development; 11 c. An estimate of slope stability and the effect construction and placement of structures12 will have on the slope over the estimated life of the structure; 13 d. An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic14 events such as seismic activity or a 100-year storm event; 15 e. Consideration of the run-out hazard of landslide debris and/or the impacts of16 landslide run-out on down-slope properties; 17 f. A study of slope stability including an analysis of proposed angles of cut and fills and18 site grading; 19 g. Recommendations for building limitations, structural foundations, and an estimate of20 foundation settlement; and21 h. An analysis of proposed surface and subsurface drainage, and the vulnerability of22 the site to erosion. 23 3. For any development proposal on a site containing an erosion hazard area, an erosion24 and sediment control plan shall be required. 25 4. A drainage plan for the collection, transport, treatment, discharge and/or recycle of26 water. 27 5. Whenever development, including, but not limited to, stairs, pathways, trams and their28 support structures, retaining walls, and structures, is performed on any erosion, landslide29 hazard, or steep slope area as defined in this chapter, a mitigation plan shall be30 prepared. 31 a. The plan shall include the location and methods of drainage, surface water32 management, locations and methods of erosion control, a vegetation management33 and/or replanting plan, and/or other means for maintaining long-term soil stability. 34 b. All disturbed areas shall be re-vegetated by the property owner. 35 c. Re-vegetation shall include planting of species indigenous to the Northwest, together36 with a schedule of their maintenance. 37 6. Monitoring Surface Waters. If the Director determines that there is a significant risk of38 damage to downstream receiving waters due to potential erosion from the site, based on39 the size of the project, the proximity to the receiving waters, or the sensitivity of the40 receiving waters, the report shall include a plan to monitor the surface water discharge41 from the site. The monitoring plan shall include a recommended schedule for submitting42 monitoring reports to the City of Medina. 43 G. Seismic hazard areas shall require geotechnical reporting consistent with MMC44 20.67.080(E) and the following: 45 a. The site map shall show all known and mapped faults within 200 feet of the project area46 or that have potential to be affected by the proposal. 47 b. The geotechnical analysis shall include a complete discussion of the potential impacts of48 seismic activity on the site (for example, forces generated and fault displacement). 49 H. Geologically hazardous areas – general development standards. 50 Attachment A SMP Attachment A 83 of 90 1. Alterations of geologically hazardous areas or associated buffers may only occur for1 activities that a qualified professional determines: 2 a. Will not increase the threat of the geologic hazard to adjacent properties beyond3 predevelopment conditions; 4 b. Will not adversely impact other critical areas or their buffers; 5 c. Are designed so that the hazard is eliminated or mitigated to a level equal to or less6 than predevelopment conditions; and7 d. Are certified as safe by a qualified engineer or geologist, licensed in the state of8 Washington. 9 2. Essential Public Facilities Prohibited. Essential public facilities shall not be sited within10 geologically hazardous areas unless there is no other practical alternative. 11 I. Geologically hazardous areas – specific development standards. 12 1. Alterations of an erosion or landslide hazard area and/or buffer may only occur for13 activities for which a geotechnical report is submitted and certifies that: 14 a. The development will not increase surface water discharge or sedimentation to15 adjacent properties beyond predevelopment conditions; 16 b. The development will not decrease slope stability on adjacent properties; and17 c. Such alterations will not adversely impact other critical areas or their buffers. 18 2. A buffer shall be established from all edges of steep slopes as defined in MMC19 20.67.080(B)(2)(f). The size of the buffer shall be determined by the Director to eliminate20 or minimize the risk of property damage, death or injury resulting from erosion and21 landslides caused in whole or part by the development, based upon review of and con-22 currence with a critical area report prepared by a qualified professional. 23 a. Minimum Buffer. 24 i. At the base of a steep slope, the buffer shall be equal to one-half the height of25 the slope. The height of the slope shall be measured vertically from the toe to the26 top of the slope. For slopes less than 100 percent, the buffer shall be measured27 horizontally from the toe of the slope. For slopes greater than or equal to 10028 percent, the buffer shall be measured horizontally from the projection of a 100-29 percent slope originating at the top of the slope. 30 ii. At the top of a steep slope, the buffer shall be equal to one-third the height of the31 slope. The height of the slope shall be measured vertically from the toe to the top32 of the slope. For slopes less than 100 percent, the buffer shall be measured33 horizontally from the top of the slope. For slopes greater than or equal to 10034 percent, the buffer shall be measured horizontally from the projection of a 100-35 percent slope originating at the toe of the slope. 36 iii. The buffer may be reduced when a qualified professional demonstrates to the37 City’s satisfaction that the reduction will not increase the risk to health and safety. 38 iv. The buffer may be increased where the Director determines a larger buffer is39 necessary to prevent risk of damage to proposed and existing development. 40 3. Development within erosion or landslide hazard areas and/or their buffers shall be41 designed to meet the following basic requirements unless it can be demonstrated that an42 alternative design that deviates from one or more of these standards provides equivalent43 or greater long-term slope stability while meeting all other provisions of these critical44 area regulations. The requirement for long-term slope stability shall exclude designs that45 require periodic maintenance or other actions to maintain their level of function. The46 basic development design standards are: 47 a. The proposed development shall not decrease the factor of safety for landslide48 occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic49 conditions. Analysis of dynamic conditions shall be based on a minimum horizontal50 acceleration as established by the current version of the International Building Code; 51 Attachment A SMP Attachment A 84 of 90 b. Structures and improvements shall minimize alterations to the natural contour of the1 slope and foundations shall be tiered where possible to conform to existing2 topography; 3 c. Structures and improvements shall be located to preserve the most critical portion of4 the site and its natural landforms and vegetation; 5 d. The proposed development shall not result in greater risk or a need for increased6 buffers on neighboring properties; 7 e. The use of retaining walls that allow the maintenance of existing natural slope area is8 preferred over graded artificial slopes; and9 f. Development shall be designed to minimize impervious lot coverage. 10 4. Unless otherwise provided or as part of an approved alteration, removal of vegetation11 from an erosion or landslide hazard area or related buffer shall be prohibited. 12 5. Clearing shall be allowed only from May 1st to October 1st of each year; provided, that13 the City of Medina may extend or shorten the dry season on a case-by-case basis14 depending on actual weather conditions. 15 6. Utility lines and pipes shall be permitted in erosion and landslide hazard areas only when16 the applicant demonstrates that no other practical alternative is available. The line or17 pipe shall be located above ground and properly anchored and/or designed so that it will18 continue to function in the event of an underlying slide. Stormwater conveyance shall be19 allowed only through a high-density polyethylene pipe with fuse-welded joints, or similar20 product that is technically equal or superior. 21 7. Point discharges from surface water facilities and roof drains onto or upstream from22 erosion or landslide hazard area shall be prohibited except as follows: 23 a. Conveyed via continuous storm pipe down-slope to a point where there are no24 erosion hazards areas downstream from the discharge; 25 b. Discharged at flow durations matching pre-developed conditions, with adequate26 energy dissipation, into existing channels that previously conveyed stormwater runoff27 in the pre-developed state; or28 c. Dispersed discharge upslope of the steep slope onto a low-gradient undisturbed29 buffer demonstrated to be adequate to infiltrate all surface and stormwater runoff. 30 8. The division of land in erosion and landslide hazard areas and associated buffers is31 subject to the following: 32 a. Land that is located wholly within erosion or landslide hazard area or its buffer may33 not be subdivided. Land that is located partially within erosion or landslide hazard34 area or its buffer may be divided; provided, that each resulting lot has sufficient35 buildable area outside of, and will not affect, the erosion or landslide hazard or its36 buffer. 37 b. Access roads and utilities may be permitted within the erosion or landslide hazard38 area and associated buffers if the City of Medina determines that no other feasible39 alternative exists. 40 9. On-site sewage disposal systems, including drain fields and infiltration drainage41 systems, shall be prohibited within erosion and landslide hazard areas and related42 buffers. 43 10. New stabilization structures for existing primary residences shall be permitted within44 shoreline areas only where no alternatives (including relocation or reconstruction of45 existing structures) are feasible and less expensive than the proposed stabilization46 measure, and then only if no net loss of shoreline ecological functions will result. 47 11. Activities proposed to be located in seismic hazard areas shall meet the standards of48 MMC 20.67.080(H). 49 50 51 Attachment A SMP Attachment A 85 of 90 20.67.090 Fish and Wildlife Habitat Conservation Areas1 2 This section shall not apply to shorelines of the state under Chapter 90.58 RCW, except to the3 extent specific areas within shorelines of the state qualify for a fish and wildlife habitat4 conservation designation consistent with this section. 5 A. Fish and wildlife habitat conservation areas include: 6 1. Areas with which state or federally designated endangered, threatened, and sensitive7 species have a primary association. 8 a. Federally designated endangered and threatened species are those fish and wildlife9 species identified by the U.S. Fish and Wildlife Service and the National Marine10 Fisheries Service that are in danger of extinction or are threatened to become11 endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries12 Service should be consulted as necessary for current listing status. 13 b. State designated endangered, threatened, and sensitive species are those fish and14 wildlife species native to the state of Washington, identified by the State Department15 of Fish and Wildlife, that are in danger of extinction, threatened to become16 endangered, vulnerable, or declining and are likely to become endangered or17 threatened in a significant portion of their range within the state without cooperative18 management or removal of threats. State designated endangered, threatened, and19 sensitive species are periodically recorded in WAC 232-12-014 (state endangered20 species), and WAC 232-12-011 (state threatened and sensitive species). The State21 Department of Fish and Wildlife maintains the most current listing and should be22 consulted as necessary for current listing status. 23 2. State Priority Habitats and Species. Priority habitats and species are considered to be24 priorities for conservation and management. Priority species require protective25 measures for their perpetuation due to their population status; sensitivity to habitat26 alteration; and/or recreational, commercial, or tribal importance. Priority habitats are27 those habitat types or elements with unique or significant value to a diverse assemblage28 of species. A priority habitat may consist of a unique vegetation type or dominant plant29 species, a described successional stage, or a specific structural element. Priority30 habitats and species are identified by the State Department of Fish and Wildlife. 31 3. Habitats and Species of Local Importance. Habitats and species of local importance are32 those identified by the city as approved by the Medina City Council, including those that33 possess unusual or unique habitat warranting protection. 34 4. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds35 under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, 36 including those artificial ponds intentionally created from dry areas in order to mitigate37 impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed38 and created from dry sites, such as canals, detention facilities, wastewater treatment39 facilities, farm ponds, temporary construction ponds, and landscape amenities, unless40 such artificial ponds were intentionally created for mitigation. 41 5. Waters of the State. In the City of Medina, waters of the state include lakes, ponds, 42 streams, inland waters, underground waters, and all other surface waters and43 watercourses within the jurisdiction of the State of Washington, as classified in WAC44 222-16-031, not including Type S or Type 1 Waters. 45 6. State Natural Area Preserves and Natural Resource Conservation Areas. Natural area46 preserves and natural resource conservation areas are defined, established, and47 managed by the State Department of Natural Resources. 48 7. Land found by the Medina City Council to be essential for preserving connections49 between habitat blocks and open spaces. 50 B. Water typing. Streams shall be designated in accordance with Table 20.67.090(B): 51 Attachment A SMP Attachment A 86 of 90 Table 20.67.090(B) Stream Water Type1 Water Typing Designation Criteria Type 1 Stream Segments of streams that are at least seasonally utilized by fish for spawning, rearing or migration. Stream segments which are fish passable from Lake Washington are presumed to have at least seasonal fish use. Fish passage should be determined using the best professional judgment of a qualified professional. Type 2 Stream Perennial non fish-bearing streams. Perennial streams do not go dry any time during a year of normal rainfall. However, for the purpose of stream typing, Type 2 streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations then the point of perennial flow should be determined using the best professional judgment of a qualified professional. Type 3 Stream Segments of natural waters that are not classified as Type 1 or 2 streams. These are seasonal, non fish- bearing streams in which surface flow is not present for a significant portion of a year of normal rainfall and are not located downstream from any Type 2 or higher stream. 2 C. Mapping. 3 1. The approximate location and extent of habitat conservation areas are shown on the4 critical area maps adopted by the City of Medina, as most recently updated. The5 following critical area maps are hereby adopted: 6 a. Department of Fish and Wildlife Priority Habitat and Species Maps; 7 b. Department of Natural Resources, Official Water Type Reference Maps, as8 amended; 9 c. Anadromous and resident salmonid distribution maps contained in the Habitat10 Limiting Factors Reports published by the Washington Conservation Commission; 11 d. Department of Natural Resources State Natural Area Preserves and Natural12 Resource Conservation Area Maps; and13 e. City of Medina official habitat maps. 14 2. These maps are to be used as a guide for the City of Medina, project applicants, and/or15 property owners. They are a reference and do not provide a final critical area16 designation. 17 D. In addition to the critical area report requirements prescribed in MMC 20.67.060, a habitat18 assessment shall be included. A habitat assessment is an investigation of the project area19 to evaluate the presence or absence of potential critical fish or wildlife habitat. The habitat20 assessment shall include the following site- and proposal-related information: 21 1. Identification of any species of local importance, priority species, or endangered, 22 threatened, sensitive or candidate species that has a primary association with habitat on23 or adjacent to the project area, and assessment of potential project impacts to the use of24 the site by the species; 25 Attachment A SMP Attachment A 87 of 90 2. A discussion of any federal, state, or local special management recommendations, 1 including Department of Fish and Wildlife habitat management recommendations that2 have been developed for species or habitats located on or adjacent to the project area; 3 3. A discussion of any ongoing management practices that will protect habitat after the4 project site has been developed, including any proposed monitoring and maintenance5 programs; 6 4. When appropriate due to the type of habitat or species present or the project area7 conditions, the Director may also require the habitat management plan to include: 8 a. An evaluation by the State Department of Fish and Wildlife, local Native American9 Indian tribe, or other qualified expert regarding the applicant’s analysis and the10 effectiveness of any proposed mitigating measures or programs, to include any11 recommendations as appropriate; and/or12 b. Detailed surface and subsurface hydrologic features both on and adjacent to the site. 13 E. Fish and wildlife habitat conservation areas – general development standards. 14 1. A habitat conservation area may be altered only if the proposed alteration of the habitat15 or the mitigation proposed does not result in a net loss of shoreline ecological functions. 16 All new structures and land alterations shall be prohibited from habitat conservation17 areas, except in accordance with this chapter. 18 2. Whenever activities are proposed in or adjacent to a habitat conservation area, which19 state or federally endangered or threatened species have a primary association, such20 area shall be protected through the application of measures in accordance with a critical21 area report prepared by a qualified professional and approved by the city, and guidance22 provided by the appropriate state and/or federal agencies. 23 3. All activities, uses, and alterations proposed to be located in or within the established24 buffers of water bodies used by anadromous fish shall give special consideration to the25 preservation and enhancement of anadromous fish and fish habitat. 26 4. Plant, wildlife, or fish species not indigenous to Western Washington State shall be27 excluded from habitat conservation areas unless authorized by a state or federal permit28 or approval. 29 5. Mitigation sites shall be located to achieve contiguous wildlife habitat corridors in30 accordance with a mitigation plan that is part of an approved critical area report to31 minimize the isolating effects of development on habitat areas, so long as mitigation of32 aquatic habitat is located within the same aquatic ecosystem as the area disturbed. 33 6. The Director shall condition approvals of activities allowed within or adjacent to a habitat34 conservation area or its buffers consistent with the mitigation sequencing set forth in35 MMC 20.67.050(C). Conditions may include, but are not limited to, the following: 36 a. Establishment of buffer zones; 37 b. Preservation of critically important vegetation; 38 c. Limitation of public access to the habitat area, including fencing to deter39 unauthorized access; 40 d. Seasonal restriction of construction activities; 41 e. Establishment of a duration and timetable for periodic review of mitigation activities; 42 and43 f. Requirement of a performance bond, when necessary, to ensure completion and44 success of proposed mitigation. 45 7. Mitigation of alterations to habitat conservation areas shall achieve equivalent or greater46 shoreline ecological functions, and shall include mitigation for adverse impacts upstream47 or downstream of the development proposal site as appropriate. Mitigation shall48 address each function affected by the alteration to achieve functional equivalency or49 improvement on a per function basis. Mitigation should occur in the same sub-drainage50 basin as the habitat impacted. 51 Attachment A SMP Attachment A 88 of 90 8. Any approval of alterations or impacts to a habitat conservation area shall be supported1 by the most current, accurate, and complete scientific and technical information2 available. 3 F. Fish and wildlife habitat conservation area – buffers. 4 1. The Director shall require the establishment of buffer areas for activities in, or adjacent5 to, habitat conservation areas when needed to protect habitat conservation areas. 6 a. Buffers shall consist of an undisturbed area of native vegetation, or areas identified7 for restoration, established to protect the integrity, functions and values of the8 affected habitat. 9 b. Required buffer widths shall reflect the sensitivity of the habitat and the type and10 intensity of human activity proposed to be conducted nearby. 11 c. As a general rule critical area buffers are not required along Lake Washington, 12 except buffers may be required consistent with this section if a specific area within13 the lake is identified as a fish and wildlife habitat conservation area. The14 determination of a specific area being a fish and wildlife habitat conservation area15 shall be made on a site specific, case-by-case basis. 16 2. The following standard buffers shall be established, measured outward on the horizontal17 plane from the ordinary high water mark or from the top of bank if the ordinary high water18 mark cannot be identified: 19 20 Table 20.67.090(F)(2) Stream Buffers21 Water Type Standard Buffer Width Minimum Buffer Width with Enhancement Type 1 Stream 100 feet 50 feet Type 2 Stream 75 feet 37.5 feet Type 3 Stream 50 feet 25 feet 22 3. Reduction of Stream Buffer Widths. The Director may allow the standard buffer width to23 be reduced by up to the listed minimum buffer width in Table 20.67.090(F)(2) provided: 24 a. A critical area report and mitigation plan approved by the City, and the most current, 25 accurate, and complete scientific and technical information available applied on a26 case-by-case basis determine that a smaller area is adequate to protect the habitat27 functions and values based on site-specific characteristics and the proposal will28 result in a net improvement of stream and buffer functions; 29 b. A plan for mitigating buffer-reduction impacts is prepared using selected incentive-30 based mitigation options in Table 20.67.090(F)(3); 31 c. Where a substantial portion of the remaining buffer is degraded, re-vegetation with32 native plants in the degraded portions shall be included in the remaining buffer area; 33 and34 d. A five year monitoring and maintenance plan shall be included. 35 c. Incentive options may be accumulatively applied to allow a reduction allowance not36 to exceed 50 percent of the standard buffer width and Table 20.67.090(F)(2). 37 d. Where multiple options for an action are prescribed in the Table 20.67.090(F)(3), 38 only one option under that action may be applied. 39 40 41 Attachment A SMP Attachment A 89 of 90 Table 20.67.090(F)(3) Stream Buffer Reduction Incentive Options1 Description of Action Options Reduction Allowance Removal of Impervious Surface Reduce impervious surfaces within the to- be-remaining buffer area by at least 50 percent Up to 10 percentage points Remove all impervious surface where the to- be remaining buffer is presently more than 50 percent impervious Up to 20 percentage points Installation of bio- filtration/infiltration mechanisms Install bioswales, created and/or enhanced wetlands, or ponds supplemental to existing storm drainage and water quality requirements Up to 20 percentage points Removal of invasive, nonnative vegetation Remove and employ extended (minimum five-year) monitoring and continued-removal maintenance of relatively dense stands of invasive, nonnative vegetation from significant portions of the remaining buffer area Up to 10 percentage points In-stream habitat enhancement Placement of log structure, bioengineered bank stabilization, or culvert removal; Up to 20 percentage points Improve fish passage and/or creation of side channel or backwater areas. Up to 25 percentage points Installation of oil/water separators If not required by other provisions of the Medina Municipal Code, install oil/water separator for stormwater quality control Up to 10 percentage points Use of pervious materials Use pervious materials for driveway/ road construction Up to 10 percentage points Off-site restoration, if no on-site area is possible Restoration is provided at a 2:1 ratio or greater Up to 10 percentage points Restoration is provided at a 4:1 ratio or greater Up to 20 percentage points Remove toxic material Remove significant refuse or sources of toxic material Up to 10 percentage points 2 4. Averaging of Stream Buffer Widths. The Director may allow the standard stream buffer3 width to be averaged in accordance with a critical area report if: 4 a. The proposal will result in a net improvement of stream, habitat and buffer function; 5 b. The proposal will include re-vegetation of the averaged buffer using native plants, if6 needed; 7 c. The total area contained in the buffer of each stream on the development proposal8 site is not decreased; and9 d. The standard stream buffer width is not reduced by more than 50 percent or to less10 than 25 feet wide, whichever is greater, in any one location. 11 Attachment A SMP Attachment A 90 of 90 G. Signs and Fencing. 1 1. The outer perimeter of the habitat conservation area or buffer and the limits of those2 areas to be disturbed pursuant to an approved permit or authorization shall be marked in3 the field in such a way as to ensure that no unauthorized disturbance will occur, and4 verified by the Director prior to the commencement of permitted activities. This5 temporary marking shall be maintained throughout construction, and shall not be6 removed until permanent signs, if required, are in place. 7 2. As a condition of any permit or authorization issued pursuant to this chapter, the Director8 may require an applicant to install permanent signs along the boundary of a habitat9 conservation area or buffer. Permanent signs shall be made of a metal face and10 attached to a metal post, or another material of equal durability. Signs must be posted at11 an interval of one per lot or every 50 feet, whichever is less, and must be maintained by12 the property owner in perpetuity. The sign shall be worded as follows or with alternative13 language approved by the city manager or designee: 14 15 Habitat Conservation Area16 Do Not Disturb17 Contact City of Medina Regarding Uses and Restriction18 Fencing19 20 3. The city manager or designee may condition any permit or authorization issued pursuant21 to this chapter to require the applicant to install a permanent fence at the edge of the22 habitat conservation area or buffer, when fencing may prevent future impacts to the23 habitat conservation area. 24 4. Fencing installed as part of a proposed activity or as required in this subsection shall be25 designed so as to minimize interference with species migration, including fish runs, and26 shall be constructed in a manner that minimizes habitat impacts. 27 5. The subdivision and short subdivision of land in fish and wildlife habitat conservation28 areas and associated buffers is subject to the following: 29 a. Land that is located wholly within a habitat conservation area or its buffer may not be30 subdivided. 31 b. Land that is located partially within a habitat conservation area or its buffer may be32 divided; provided, that an accessible and contiguous portion of each new lot is33 located outside of the habitat conservation area or its buffer and meets the City of34 Medina’s minimum lot size requirements. 35 c. Access roads and utilities serving the proposed lots may be permitted within the36 habitat conservation area and associated buffers only if the City of Medina37 determines that no other feasible alternative exists and when consistent with these38 critical areas regulations. 39 40 Attachment B 2. NATURAL ENVIRONMENT ELEMENT INTRODUCTION The quality of life in the Pacific Northwest is often equated with the quality of the environment. Protecting and restoring air quality, water resources, soils, and plant, fish and animal habitats are important goals for the City of Medina. This is particularly vital in light of recent federal Endangered Species Act listings of several salmonid species. Chinook salmon and bull trout are listed as threatened by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service USFWS), respectively. Coho salmon are a candidate species listed by NMFS. All of these species are found in Lake Washington. Medina is committed to federal, state, and regional goals of endangered species recovery of listed salmon species by addressing salmon habitat needs within and adjacent to its boundaries with Lake Washington. However, protecting these resources is challenging for a fully developed community. The Growth Management Act (GMA) requires that comprehensive plans establish critical areas policies based on best available science as defined by WAC 365-195-905. In addition, “…cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.” King County countywide planning policies (CPP) direct local jurisdictions to “protect and enhance the natural ecosystems,” including critical areas. Critical areas include wetlands, fish and wildlife habitat conservation areas, aquifer recharge areas, frequently flooded areas, and geologically hazardous areas. This section establishes critical areas policies based on best available science to protect the environment and enhance the community’s quality of life within the constraints of a fully developed community. The GMA also mandates the conservation of natural resources, such as agricultural, forest, and mineral resource lands. However, Medina has none of these areas so natural resource lands will not be addressed further. EXISTING CONDITIONS The City of Medina is located within the Lake Washington/Cedar River/Sammamish Watershed, also known as Water Resource Inventory Area (WRIA) 8. The 1992 Critical Areas Inventory identifies and describes some of the most important critical areas within Medina. The study identified six potential fish and wildlife habitat conservation areas: Fairweather Park [Fairweather Nature Preserve], Medina Park and adjacent wetlands at Overlake Golf & Country Club, Portions of the Lake Washington shoreline, Medina Creek (a.k.a, Fairweather Bay Creek), an unnamed creek draining from the Medina Park ponds, and an unnamed creek originating in the south Clyde Hill area. These features and their vegetated buffers provide moderate habitat functions for small mammals, a variety of birds, amphibians, reptiles, and invertebrates typically found in urban green spaces. In addition, all of these 1 features are adjacent to or ultimately drain into Lake Washington, a water body which contains Endangered Species Act-listed fish. However, none of these features, aside from the Lake Washington shoreline itself, contain listed fish. Therefore, from an ESA perspective, the most valuable function of these features to be preserved and enhanced is water quality treatment and storage, and groundwater recharge. Other possible functions include passive recreation and environmental education. GOALS NE-G1 To achieve a well-balanced relationship between the built and natural environments utilizing guidance derived from best available science. NE-G2 To prioritize stormwater management, point and non-point pollutant discharge reduction, and erosion control methodologies to reduce short-term and long-term water quality impacts. NE-G3 To promote community-wide stewardship of the natural environment for future generations through protection, preservation/conservation, and enhancement of those natural environment features which are most sensitive to human activities and which are critical to fish and wildlife survival and proliferation. POLICIES NE-P1 The City shall maintain and update critical areas regulations as required by the GMA, and utilizing the best available science. NE-P2 The City shall preserve and should enhance where possible the functions and values of Medina’s critical areas in a manner consistent with best available science. NE-P3 The City shall coordinate with other cities, King County, federal and state agencies, tribes, and the WRIA 8 Steering Committee on regional environmental issues, such as surface and groundwater quality and quantity, and salmon conservation. NE-P4 No net loss of wetlands functions, values, and acreage should result from development. NE-P5 The City shall work to protect, preserve and, where possible, enhance water quality in Lake Washington and Medina Creek. NE-P6 The City shall develop a mitigation incentives program that promotes improved water quality. Incentives should be monitored to determine effectiveness. NE-P7 The City shall work to preserve stream corridors wide enough to maintain and enhance existing stream and habitat functions in all development proposals by use of native growth protection easements or other appropriate mechanisms. NE-P8 The City should restore Medina Creek to provide salmon habitat by developing and implementing a salmon restoration/habitat recovery plan that addresses, among other things, management of SR 520 stormwater run-off. NE-P9 The City shall prohibit the introduction of invasive plant species and encourage enhancement of native plant communities in natural areas, which include, but are not limited Attachment B to, fish and wildlife habitat conservation areas and their buffers. NE-P10 The City should encourage and educate residents on development and land use practices that minimize impacts on the natural environment, with emphasis on anadromous fisheries. 2.1 SHORELINE MANAGEMENT SUB-ELEMENT INTRODUCTION The Washington State Legislature passed into law the Shoreline Management Act (SMA) in 1971 with the paramount objectives to protect and restore the valuable natural resources that shorelines represent and to plan for and foster all "reasonable and appropriate uses" that are dependent upon a waterfront location or which will offer the opportunities for the public to enjoy the state's shorelines. The goals and policies of the SMA constitute one of the goals of the Growth Management Act as set forth in RCW 36.70A.020. Administration of the SMA is a cooperative effort balancing local and state wide interest in the management and development of shoreline areas. The City manages the shoreline areas through implementation of its shoreline master program. The goals and policies set forth in this sub-element are combined with the regulations set forth in Subtitle 20.6 of the Medina Municipal Code and together constitute the Medina Shoreline Master Program. This master program represents the City’s participation in a coordinated planning effort to protect the public interest associated with the shorelines of the state, at the same time, recognizing and protecting private property rights consistent with the public interest. ((by requiring local governments to plan (via shoreline master programs) and regulate (via permits) shoreline development. The master program is essentially a shoreline comprehensive plan with a distinct environmental orientation applicable to shoreline areas and customized to local circumstances. Collectively, the local master programs comprise the State Shoreline Master Program. Under the law, each city and county in Washington State is responsible for the following: 1. Administration of a shoreline permit system for proposed substantial development and uses within shoreline jurisdiction. 2. Development of an inventory of natural characteristics and land use patterns along those designated water bodies. 3. Preparation of a shoreline master program to manage the uses and activities on local shorelines.)) The City of Medina is a low-density residential community that encompasses approximately 109 acres of shoreline jurisdiction and 4.5 miles of waterfront 23,760 feet). Except for about 780 feet of publicly and state owned property, all of the City’s shoreline is privately owned and zoned for residential. Medina originally adopted a Shoreline Management)) Master Program in 1974. The program was updated in 2012 to comply with the 2003 Department of Ecology Guidelines found in WAC 173-26. ((The Program was last updated in 1991. A draft Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan was released November 8, 2004. Following finalization, Medina will 3 evaluate the approved WRIA 8 study or other cooperative programs for possible incorporation into its Shoreline Management Master Program.)) VISION FOR THE SHORELINE MASTER PROGRAM The residential nature of the City’s shoreline makes preservation of this character while encouraging good stewardship and enjoyment of the shoreline, including protecting and preserving shoreline ecological functions, the primary vision of the shoreline master program. GOALS AND POLICIES The City’s Shoreline ((Management)) Master Program provides goals and policies involving the protection of, and appropriate uses for, the shoreline. ((Engrossed Substitute House Bill 1724, passed by State Legislature, states that such goals and policies approved under Chapter 90.58 RCW shall be considered an element of the county or city’s comprehensive plan. All other portions of the shoreline master program for a county or city adopted under Chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city’s development regulations. The City’s Shoreline Management Master Program is available for review at City Hall, and the goals and policies contained therein are incorporated here by reference)) The goals and policies are grouped into the following categories: A. Shorelines of Statewide Significance B. Shoreline Environments; C. Shoreline Use and Activities; D. Public Access; E. Recreation; F. Circulation; G. Utilities; H. Environment; I. Archaeological, Historic and Cultural J. Resources; and K. Shoreline Restoration and Ecological Enhancements. A. Shorelines of Statewide Significance GOALS SM-G1 Implement the policies of the Shoreline Management Act as enunciated in RCW 90.58.020. POLICIES SM-P1.1 This Shoreline Master Program shall be developed using the following guidelines in order of preference: a. Recognize and protect the state-wide interest over local interest. b. Preserve the natural character of the shoreline. c. Support actions that result in long-term benefits over short- term benefits. d. Increase public access to publicly owned areas of the shorelines. e. Increase recreational opportunities for the public in the shoreline. B. Environmental Designations The intent of a shoreline environment designation is to preserve and enhance shoreline ecological functions and to encourage development that will enhance the present or desired future character of the shoreline. To accomplish this, shoreline segments are given an environment designation based on existing and planned development patterns, biological capabilities and limitations, and the aspirations of the local citizenry. Attachment B GOALS SM-G2 Provide a comprehensive shoreline environment designation system to categorize Medina’s shorelines into similar shoreline areas to guide the use and management of these areas. POLICIES SM-P2.1 Designate properties residential to accommodate detached single- family development. Designation criteria: Assign residential environment designation to shoreline areas predominantly single-family residential development or are planned and platted for residential development. Areas designated as Residential are predominantly single-family residential development and comprise approximately 98 percent of the City’s shoreline jurisdiction. The following management policies should guide development within these areas: a. Residential activities are preferred over other land and resource consumptive development or uses. Limited non-residential uses, such as parks, day cares, home businesses may be allowed, provided they are consistent with the residential character and the City’s land use regulations. b. Development should be located, sited, designed and maintained to protect, enhance and be compatible with the shoreline environment. c. Development regulations should require the preservation of ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. SM-P2.2 Designate properties Urban Conservancy to protect and restore ecological functions of open space, flood plain and other sensitive lands, while allowing a variety of compatible uses. Designation criteria: Assign Urban Conservancy environmental designation to shoreline areas appropriate and planned for development that is compatible with maintaining or restoring of the ecological functions of the area, that are not generally suitable for water-dependent uses and that lie in incorporated municipalities, urban growth areas, or commercial or industrial rural areas of more intense development" if any of the following characteristics apply: They are suitable for water- related or water-enjoyment uses; They are open space, flood plain or other sensitive areas that should not be more intensively developed; They have potential for ecological restoration; They retain important ecological functions, even though partially developed; or They have the potential for development that is compatible with ecological restoration Areas designated as Urban Conservancy include Medina 5 Beach Park, Lake Lane Dock, View Point Park/ 84th Avenue N.E. Dock, and privately owned joint- use recreational lots. The following management policies should guide development within these areas: a. Primary uses should be those that preserve the natural character of the area or promote preservation of open space or sensitive lands either directly or over the long term. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting. b. Water dependent recreation uses, such as public access piers, recreational floats, and swim beaches, shall be the highest priority, provided they can be located, designed, constructed, operated, and mitigated in a manner that ensures no net loss of ecological function. c. Water oriented recreation uses, such as viewing trails, benches and shelters, should be emphasized and non-water oriented uses should be minimized and allowed only as an accessory use; for example picnic areas, forest trails and small playground areas would be acceptable, but tennis courts and developed sports fields would not. d. Standards should be established for shoreline stabilization, vegetation conservation, water quality, and shoreline modifications to ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values. e. Facilities should be designed for neighborhood and non- motorized use, unless vehicle access and parking can be provided and impacts on the environment and surrounding property owners can be mitigated. SM-P2.3 Designate properties Aquatic to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark. Designation Criteria: Assign Aquatic environmental designation to areas waterward of the ordinary high water mark. Areas designated as Aquatic are those waterward of the ordinary high water mark. The following management policies should guide development within these areas: a. Allow new over-water structures only for water- dependent uses, public access, or ecological restoration. b. The size of new over-water structures should be limited to the minimum necessary to support the structure's intended use. c. To reduce the impacts of shoreline development and increase effective use of water resources, multiple-use of over- water facilities should be encouraged. d. All developments and uses on waters or their beds should be located and designed to minimize interference with Attachment B surface navigation, to consider impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. e. Uses that adversely impact the ecological functions of critical freshwater habitats should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and then only when their impacts are mitigated according to the sequence described in WAC 173-26- 201(2)(e) as necessary to assure no net loss of ecological functions. f. Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrological conditions. SM-P2.4 Designate properties Transportation to accommodate the SR 520 highway, which is an essential public facility. Designation Criterion: Assign Transportation environmental designation to areas of high- intensity uses related to transportation. Areas designated as Transportation include lands controlled by the Washington State Department of Transportation and designated as state highway right-of-way. The following management policies should guide development within these areas: a. Noise associated with construction activity and ongoing operations should be mitigated to the maximum extent practicable. b. Best management practices and other mitigation should be implemented during the construction and post- construction phases of the SR 520 replacement project to ensure no net loss of ecological function. c. Priority should be given to providing public access through any remnant property resulting from the SR 520 replacement project. d. Vegetation and habitat should be restored and enhanced upon completion of the SR 520 replacement project using native species. e. The SR 520 facility, and any associated maintenance facilities occurring within the shoreline management area, particularly where visible from the water, should be fully screened from adjoining residential properties to the extent practicable with vegetation and fencing as needed. SM-P2.5 Areas not designated shall automatically be assigned an Urban Conservancy designation. C. Shoreline Uses and Activities Uses and activities are given preference to those uses that are consistent with the control of pollution and prevention of damage to the natural environment, or are unique to, or dependent upon uses of the shorelines. Preference is first to water- dependent uses, then to water-related uses and then water-enjoyment uses. The 7 purpose is to ensure development of property is done in a manner that protects the public’s health, safety and welfare, as well as the land and its vegetation and wildlife, and to protect property rights while implementing the policies of the SMA. GOALS SM-G3 Locate, design and manage shoreline uses to prevent and, where possible, restore significant adverse impacts on water quality, fish and wildlife habitats, the environment, and other uses. SM-G4 Preserve Medina's shoreline for single family residential use, in a manner that also protects and preserves the natural features along the shoreline and the quality of Lake Washington. SM-G5 Maintain the City Hall building and grounds in a manner consistent with the protection and enhancement of the shoreline environment. SM-G6 Limit parking within the shoreline jurisdiction. SM-G7 Manage public and community boating facilities to avoid or minimize adverse impacts. SM-G8 Manage shoreline modifications to avoid, minimize, or mitigate significant adverse impacts. SM-G9 Minimize impacts to the natural environment and neighboring uses from new or renovated piers and docks and their associated components, such as boatlifts and canopies. SM-G10 Manage signs so that they do not visually or aesthetically impair the shoreline environment. SM-G11 Limit the visual and environmental impacts of trams in the shoreline area. POLICIES GENERAL SM-P3.1 Establish development regulations that avoid, minimize and mitigate impacts to the ecological functions associated with the shoreline area. SM-P3.2 Encourage low-impact development practices, where feasible, to reduce the amount of impervious surface within the shoreline area. SM-P3.3 Ensure that private property rights are respected consistent with the public interest expressed in the Shoreline Management Act. RESIDENTIAL SM-P 4.1 Provide adequate setbacks and natural buffers from the water and ample open space among structures to protect natural features, ecological functions, preserve views, and minimize use conflicts. SM-P4.2 Require new development to preserve existing shoreline vegetation, control erosion and protect water quality using best management practices. SM-P4.3 Provide development incentives, including reduced shoreline setbacks, to encourage the protection, enhancement and restoration of high functioning vegetative buffers and natural or semi-natural shorelines. SM-P4.4 At a minimum, development should achieve no net loss of ecological functions, even for exempt development. Attachment B CITY GOVERNMENT FACILITIES SM-P5.1 Medina’s City Hall and uses accessory to the City Hall should minimize impacts to shoreline character and features, visual access to the shoreline, and not interfere with the public’s ability to access or enjoy the shoreline. SM-P5.2 Any expansion of Medina’s City Hall should result in no net loss of ecological function within the shoreline jurisdiction. PARKING SM-P6.1 Limit parking facilities to those supporting an authorized principal use and allowing such facilities only if the following criteria are met: a. Parking is designed and located to minimize adverse impacts including those related to surface water runoff, water quality, visual qualities, public access, and vegetation and habitat maintenance; b. No loss of ecological functions shall result from construction and operation of the parking facility; c. The parking does not restrict access to the site by public safety vehicles, utility vehicles, or other vehicles requiring access to shoreline properties; and d. Preference shall be given to permeable surface materials where feasible. BOATING FACILITIES SM-P7.1 Locate and design boating facilities to ensure no net loss of ecological functions and to avoid significant adverse impacts. SM-P7.2 Where feasible, boating facilities should include measures that enhance degraded and/ or scarce shoreline features. SM-P7.3 Boating facilities should not unduly obstruct navigable waters and should avoid causing adverse effects to recreational opportunities such as fishing, pleasure boating, swimming, beach walking, picnicking and shoreline viewing. SM-P7.4 Preference should be given to boating facilities that minimize the amount of shoreline modification, in-water structure, and overwater coverage. SM-P7.5 Accessory uses at boating facilities should be limited to water-oriented uses, or uses that provide physical and/or visual shoreline access for substantial numbers of the general public. Non-water-dependent accessory uses should be located outside of shoreline jurisdiction or outside of the shoreline setback whenever possible. SM-P7.6 Boating facilities should be located, designed, constructed and operated so that other appropriate water-dependent uses are not adversely affected and to avoid adverse proximity impacts such as noise, light and glare; aesthetic impacts to adjacent land uses; and impacts to public visual access to the shoreline. SHORELINE MODIFICATIONS SM-P8.1 The adverse effects of shoreline modifications should be reduced, as much as possible, and shoreline 9 modifications should be limited in number and extent. SM-P8.2 The city should take steps to assure that shoreline modifications individually and cumulatively do not result in a net loss of ecological function. This is to be achieved by preventing unnecessary shoreline modifications, by giving preference to those types of shoreline modifications that have a lesser impact on ecological functions, and by requiring mitigation of identified impacts resulting from shoreline modifications. SHORELINE STABILIZATION SM-P8.3 Shoreline stabilization should be located, designed, and maintained to protect and maintain shoreline ecological functions, ongoing shoreline processes, and the integrity of shoreline features. Ongoing stream or lake processes and the probable effects of proposed shoreline stabilization on other properties and shoreline features should be considered. SM-P8.4 Structures should be located and designed to avoid the need for future shoreline stabilization where feasible. SM-P8.5 Structural shoreline stabilization measures should only be used when a need has been demonstrated and more natural, flexible, non-structural methods have been determined infeasible. Alternatives for shoreline stabilization should be based on the following hierarchy of preference: a. No action (allow the shoreline to retreat naturally), increase buffers, and relocate structures. b. Flexible defense works constructed of natural materials including soft shore protection, bioengineering, including beach nourishment, protective berms, or vegetative stabilization. c. Rigid works constructed of artificial materials such as riprap or concrete. SM-P8.6 New or expanded structural shoreline stabilization should only be permitted where demonstrated to be necessary to protect an existing primary structure, including single-family dwelling, which is in danger of loss or substantial damage, and where mitigation of impacts would not cause a net loss of shoreline ecological functions and processes. SM-P8.7 New or expanded structural shoreline stabilization for enhancement, restoration, or hazardous substance remediation projects should only be allowed when non-structural measures, vegetation planting, or on-site drainage improvements would be insufficient to achieve enhancement, restoration or remediation objectives. SM-P8.8 Encourage alternative methods for shoreline stabilization including non-regulatory methods. Non- regulatory methods may include public facility and resource planning, technical assistance, education, voluntary enhancement and restoration projects, or other incentive programs. SM-P8.9 New development that would require shoreline stabilization which causes significant impacts to Attachment B adjacent properties should not be allowed. DREDGING SM-P8.10 Dredging operations should be planned and conducted to protect and maintain existing aquatic habitat and other shoreline uses, properties, and values. Proposals that include dredging should provide mitigation to achieve no net loss of shoreline ecological functions. SM-P8.11 Dredging and dredge material disposal should be done in a manner which avoids or minimizes significant ecological impacts. SM-P8.12 Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill should not be allowed, except as part of a restoration or environmental cleanup project. FILL SM-P8.13 Fills should be allowed only when tied to a specific development proposal that is permitted by the master program, and that is located, designed and constructed to protect shoreline ecological functions and ecosystem-wide processes. SM-P8.14 Fill coverage should be the minimum necessary to provide for the proposed use. SM-P8.15 Factors such as current and potential public use of the shoreline and water surface area, water flow and drainage, water quality and habitat should be considered and protected to the maximum extent feasible. SM-P8.16 Fills waterward of the ordinary high water mark should be restricted to supporting water- dependent uses, public access, cleanup and disposal of contaminated sediments as part of an interagency clean-up plan, disposal of dredged sediments in accordance with Department of Natural Resources rules, expansion or alteration of transportation facilities of statewide significance when no other alternatives are feasible, and for mitigation actions, environmental restoration and enhancement projects, and only when other solutions would result in greater environmental impact. SM-P8.17 Fills should be designed and located so that there will be no significant damage to existing ecological systems or result in hazard to adjacent life, property, or natural resource systems. LAND SURFACE MODIFICATIONS SM-P8.18 Limit land surface modification activities in the shoreline area. Impacts from land surface modifications activities can be avoided through proper site planning, construction timing practices, and use of erosion and drainage control methods. Generally these activities should be limited to the maximum extent necessary to accommodate the proposed use, and should be designed and located to protect shoreline ecological functions and ecosystem-wide processes. 11 BREAKWATERS, JETTIES, GROINS SM-P8.19 Breakwaters, jetties and groins should only be permitted where necessary to support water- dependent uses, public access, shoreline stabilization, or other specific public purpose. SM-P8.20 Breakwaters, jetties and groins should be located and designed to achieve no net loss of ecological functions. MOORAGE FACILITIES (PIERS AND DOCKS) SM-P9.1 Locate and design piers and docks to avoid adversely impacting shoreline ecological functions or processes, and where unavoidable impacts to ecological functions might occur, mitigation should be provided. SM-P9.2 Moorage should be spaced and oriented in a manner that minimizes hazards and obstructions to public navigation rights and corollary rights thereto such as, but not limited to, fishing, swimming and pleasure boating. SM-P9.3 Piers and docks should be restricted to the minimum size necessary to meet the needs of the proposed use. SM-P9.4 Moorage facilities should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term, and have been approved by applicable state agencies. SM-P9.5 Establish development regulations that encourage property owners to make renovations to their existing piers and docks outside of normal maintenance and repairs that improve the environmental friendliness of their structure. SM-P9.6 Encourage joint-use or shared piers and docks where practical. SIGNS SM-P10.1 Signs should be designed and placed so that they are compatible with the aesthetic quality of the existing shoreline and adjacent land and water uses. SM-P10.2 Signs should not block or otherwise interfere with visual access to the water or shorelines. SM-P10.3 Outdoor advertising and billboards are not an appropriate use of the shoreline areas within shoreline jurisdiction. TRAMS SM-P11.1 Joint use trams are encouraged where they can be placed on the property line. SM-P11.2 The visual impacts of trams should be minimized. D. Public Access Public access includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. The purpose is to plan for an integrated shoreline area public access system that identifies specific public needs and opportunities to provide public access. GOALS SM-G12 Ensure the public’s ability to physically and visually enjoy the shoreline environment. Attachment B POLICIES SM-P12.1 Views of Lake Washington from public parks should be preserved and enhanced. Enhancement of views shall not be construed to mean excessive removal of vegetation. SM-P12.2 Public access should be designed to provide for public safety and to minimize potential impacts to private property and individual privacy. Public access to shoreline areas does not include the right to enter upon or cross private property, except for dedicated easements. SM-P12.3 Public access should be required for all new shoreline development and uses where feasible, except for single-family residential development containing less than five dwelling units. SM-P12.4 Preservation and enhancement of the public’s visual access to all shoreline areas should be encouraged through the establishment of setbacks and height limits that ensure view corridors. SM-P12.5 Ensure that development upland, as well as in-water and near-shore areas are located and designed in ways that result in no net loss of ecological functions. SM-P12.6 Regulate the design, construction, and operation of permitted uses in the shoreline jurisdiction to minimize, insofar as practical, interference with the public’s use of the water. SM-P12.7 Access should provide for a range of users including pedestrians, bicyclists, boaters and people with disabilities to the greatest extent feasible. SM-P12.8 Integrate shoreline public access with existing and planned trails or routes, such as the Points Loop Trail, and the City’s parks and pedestrian pathway system, where feasible, to improve non-motorized access and community connections. SM-P12.9 The shoreline area between Medina Beach Park and the tip of Evergreen Point should be a priority for establishing new public access. SM-P12.10 The City should work with Washington State Department of Transportation in providing public access within any remnant property that may result from the SR 520 replacement project. In particular public access should provide public entry to Lake Washington where feasible and should be connected to Fairweather Nature Preserve. SM-P12.11 When appropriate, Medina should consider joining with other governmental bodies in a cooperative effort to expand public access to the shoreline through programs of acquisition and development. SM-P12.12 Continue use of opened waterfront street ends for public access. E. Recreation Recreational uses include passive activities, such as walking, viewing and fishing. Recreational development also includes facilities for active uses, such as swimming, boating, and other outdoor recreation uses. 13 This includes both public and non- commercial recreational opportunities. GOALS SM-G13 Recreation activities that are dependent on access to the water should be available to citizens of Medina. POLICIES SM-P13.1 Water-dependent recreational activities such as boating, fishing, and swimming should have priority over other types of recreation on Medina's public shoreline. SM-P13.2 Coordination with local, state and federal recreation planning should be encouraged. Shoreline recreational development should be consistent with the City’s park and recreation plans. SM-P13.3 Open space and the opportunity for passive forms of recreation should be encouraged on public shoreline. Recreational plans should promote the conservation of the shoreline’s natural character, ecological functions, and processes while expanding the public’s ability to enjoy the shoreline. SM-P13.4 The City should encourage retention and development of the shoreline for joint use private recreational activities, such as moorage, decks, beach clubs, etc. SM-P13.5 Links between existing and future shoreline parks, recreation areas and public access points should be created via a non-motorized network using existing rights-of- way or through acquisition of easements and/ or land, where feasible. SM-P13.6 Recreational activities should be designed to avoid conflict with private property rights, and to minimize and mitigate negative impacts on adjoining properties. F. Circulation Circulation includes transportation facilities, which are those structures and developments that aid in land, air, and water surface movement of people, goods, and services. They include roads and highways, bridges, bikeways, trails, heliports, and other related facilities. GOALS SM-G14 The present transportation system within the shoreline jurisdiction shall be maintained, but any expansion or modification to accommodate growth shall be designed in a manner which causes minimal impacts using the best technology and science available. New road construction in the shoreline jurisdiction should be minimized. POLICIES SM-P14.1 New transportation facilities or the expansion of existing facilities must be designed to minimize air, noise and water pollution, adverse impacts on aquatic habitat and wildlife habitat, and the adverse impacts of excessive light, glare and community separation. SM-P14.2 Expansion of existing roadways should be allowed only if such facilities are found to be in the public interest and impacts can be mitigated to meet no net loss. SM-P14.3 New road and bridge construction and the expansion of existing Attachment B transportation facilities should include improved non-motorized facilities and enhanced visual and physical public access if feasible. SM-P14.4 Joint use of transportation corridors within the shoreline jurisdiction for roads, utilities, and motorized and non-motorized forms of transportation should be encouraged to the maximum extent feasible. G. Utilities Utilities are services and facilities that produce, transmit, store, process or dispose of electric power, gas, water, sewage, and communications. GOALS SM-G15 Manage public and private utilities within the shoreline area to provide for safe and healthy water, and sanitary sewer services, while protecting and enhancing the water quality and habitat value of the shoreline. POLICIES SM-P15.1 New utilities should be located outside of the shoreline jurisdiction unless no other feasible option exists. Where permitted, they should be installed to protect the shoreline and water from contamination and degradation. SM-P15.2 Utilities should avoid locating in environmentally sensitive areas unless no feasible alternatives exist. SM-P15.3 Wherever utility facilities and corridors must be placed in a shoreline area, they should be located so as to protect scenic views. Whenever possible, such facilities should be placed underground or designed to minimize impacts on the aesthetic qualities of the shoreline area. SM-P15.4 Utilities should be designed and located in a manner which preserves the natural landscape and shoreline ecology, and minimizes conflicts with present and planned land uses. SM-P15.5 Joint use of rights-of-way and existing utility corridors should be encouraged. H. Natural Environment Medina is enriched with valued natural features that enhance the quality of life for the community. Natural systems serve many essential functions that can provide significant benefits to fish and wildlife, public and private property, and enjoyment of the shoreline area. GOALS SM-G16 Preserve, protect, and restore shoreline environment. SM-G17 Protect, conserve and establish vegetation along the shoreline edge. SM-G18 Conserve and protect critical areas, including wildlife habitat areas, within the shoreline areas from loss or degradation. SM-G19 Manage activities that may adversely impact surface and ground water quality or quantity. POLICIES ENVIRONMENTAL IMPACTS SM-P16.1 Protect shoreline process and ecological functions through regulatory and non-regulatory means that may include regulation 15 of development within the shoreline jurisdiction, incentives to encourage ecologically sound design, conservation easements, and acquisition of key properties. . SM-P16.2 Preserve the scenic aesthetic quality of shoreline areas and vistas to the greatest extent feasible. SM-P16.3 Adverse impacts on the natural environment should be minimized during all phases of development e.g. design, construction, operation, and management). SM-P16.4 Shoreline developments that propose to enhance environmentally sensitive areas, other natural characteristics, resources of the shoreline, and provide public access and recreational opportunities to the shoreline are consistent with the fundamental goals of this Master Program, and should be encouraged. VEGETATION CONSERVATION SM-P17.1 Where new developments and/or uses or redevelopments are proposed, native shoreline vegetation should be conserved to maintain shoreline ecological functions and/or processes. Vegetation conservation and restoration should be used to mitigate the direct, indirect and/or cumulative impacts of shoreline development, wherever feasible. Important functions of shoreline vegetation include, but are not limited to: a. Providing shade necessary to maintain water temperatures required by salmonids and other organisms that require cool water for all or a portion of their life cycles. b. Regulating microclimate in riparian and near-shore areas. c. Providing organic inputs necessary for aquatic life, including providing food in the form of various insects and other benthic macro- invertebrates. d. Stabilizing banks, minimizing erosion and sedimentation, and reducing the occurrence/severity of landslides. e. Reducing fine sediment input into the aquatic environment by minimizing erosion, aiding infiltration, and retaining runoff. f. Improving water quality through filtration and vegetative uptake of nutrients and pollutants. g. Providing a source of large woody debris to moderate flows, create hydraulic roughness, form pools, and increase structural diversity for salmonids and other species. h. Providing habitat elements for riparian-associated species, including downed wood, snags, migratory corridors, food, and cover. SM-P17.2 Noxious and invasive weeds. Encourage management and control of noxious and invasive weeds. Control of such species should be done in a manner that retains onsite native vegetation, provides for erosion control, and protects water quality. Use of non- toxic or natural controls is preferred. Attachment B SM-P17.3 Provide incentives for the retention and planting of native vegetation, and discourage extensive lawns due to their limited erosion control value, limited water retention capacity, and associated chemical and fertilizer applications particularly in areas recommended for designation as Shoreline Residential. Incentives could include additional flexibility with building setbacks from Lake Washington, a simplified permit process with recommended planting plans, reduced or waiver of permit fees, and/or city participation in a pilot-project that promotes shoreline restoration. CRITICAL AREAS SM-P18.1 In addressing issues related to critical areas, use scientific and technical information, as described in WAC 173-26-201(2)(a). SM-P18.2 In protecting and restoring critical areas within shoreline areas , integrate the full spectrum of planning and regulatory measures, including the comprehensive plan, watershed plans, local development regulations, and state, tribal, and federal programs. SM-P18.3 Critical areas within the shoreline area should be managed and protected to ensure no net loss of ecological functions. When feasible, degraded ecological functions and ecosystem-wide processes should be restored. WATER QUALITY, STORMWATER, AND NON-POINT POLLUTION SM-P19.1 All shoreline uses and activities should be located, designed, constructed and maintained to mitigate adverse impacts to water quality, water quantity, or hydrology. SM-P19.2 The City should require reasonable setbacks, buffers, and storm water storage basins and encourage low-impact development techniques and materials to achieve the objective of minimizing impervious surfaces and lessening negative impacts on water quality. SM-P19.3 Stormwater impacts should be addressed through the application of the most recent edition of the Adopted Surface Water Design Manual and all applicable City stormwater regulations. SM-P19.4 The City should provide general information to the public about the impacts of land and human activities on water quality, and encourage homeowners and property managers to use non- chemical weed and pest control solutions and natural fertilizers. I. Archaeological, Historic and Cultural Resources Archaeological, historic and cultural resources are those that are either recorded at the state historic preservation office or have been inadvertently uncovered. GOALS SM-G20 Historically, culturally or archaeologically significant areas or architecturally or culturally significant facilities should be protected and maintained in the public interest. 17 POLICIES SM-P20.1 Medina should preserve or allow preservation of shoreline buildings and sites with historic or architectural value, such as the old ferry ticket office (City Hall), and certain boathouses. SM-P20.2 Prevent the destruction of or damage to any site having historic, cultural, scientific, or educational value as identified by the appropriate authorities, including affected Indian tribes, and the office of archaeology and historic preservation. SM-P20.3 Ensure that new development is compatible with existing historic structures and cultural areas. J. Shoreline Restoration and Ecological Enhancement Shoreline habitat and natural systems enhancement and restoration projects include those activities proposed and conducted specifically for the purpose of establishing, restoring, or enhancing habitat for priority species in shorelines. GOALS SM-G21 Implement the projects, programs and plans established within the Restoration Plan as funding and staffing resources permit. POLICIES SM-P21.1 Restoration and enhancement of shorelines should be designed using principles of landscape and conservation ecology and should restore or enhance chemical, physical, and biological watershed processes that create and sustain shoreline habitat structures and functions. SM-P21.2 Restoration and enhancement actions should improve shoreline ecological functions and processes and should target meeting the needs of sensitive plant, fish and wildlife species as identified by Washington Department of Fish and Wildlife, Washington Department of Natural Resources, National Marine Fisheries Service and/or U.S. Fish and Wildlife Service. SM-P21.3 The City should, and private entities are encouraged to, seek funding from State, Federal, private and other sources to implement restoration, enhancement, and acquisition projects, particularly those that are identified in the Restoration Plan of this SMP or the Final WRIA 8 Chinook Salmon Conservation Plan and related documents. SM-P21.4 The City should develop processing guidelines that will streamline the review of restoration-only projects. SM-P21.5 Allow for the use of tax incentive programs, mitigation banking, grants, land swaps, or other programs, as they are developed, to encourage restoration and enhancement of shoreline ecological functions and to protect habitat for fish, wildlife and plants. Attachment B 19 FINAL Shoreline Restoration Plan for the City of Medina Shoreline Master ProgramNovember2011 TWC Reference # 090516 Prepared for: City of Medina Development Services Department PO Box 144 Medina WA 98039 Prepared by: Attachment C Attachment C Printed on 30% recycled paper. FINAL S HORELINE R ESTORATION P LAN for the City of Medina Shoreline Master Program Prepared by: City of Medina Development Services Department PO Box 144 Medina, WA 98039-0144 750 Sixth Street South Kirkland, WA 98033 November 2011 This report was funded in part through a grant from the Washington Department of Ecology. Grant Number: G1000031 Attachment C The Watershed Company Reference Number: 090516 The Watershed Company Contact Person: Amy Summe Cite this document as: The Watershed Company. November 2011. FINAL Shoreline Restoration Plan for the City of Medina’s Lake Washington Shoreline. Prepared for the City of Medina, Development Services Department. Attachment C i T ABLE OF C ONTENTS Page # 1 Introduction ......................................................................................... 1 1.1 Purpose ........................................................................................................... 1 1.2 Restoration Plan Requirements ..................................................................... 2 1.3 Types of Restoration Activities ...................................................................... 2 1.4 Contents of this Restoration Plan .................................................................. 3 2 Shoreline Inventory Summary ........................................................... 3 2.1 Introduction ..................................................................................................... 3 2.2 Shoreline Boundary ........................................................................................ 3 2.3 Shoreline Analysis Report .............................................................................. 4 2.3.1 Land Use and Physical Conditions .................................................................. 5 2.3.2 Biological Resources and Critical Areas ........................................................ 6 3 Restoration Goals and Objectives .................................................... 8 3.1 Introduction ..................................................................................................... 8 3.2 System-wide Restoration Objectives ............................................................. 9 3.3 Lake Washington Restoration Objectives ................................................... 10 4 Existing and Ongoing Projects and Programs .............................. 11 4.1 Water Resource Inventory Area (WRIA) 8 Participation ............................. 11 4.2 Comprehensive Plan Policies ...................................................................... 13 4.3 Critical Areas Regulations ............................................................................ 15 4.4 Stormwater Management and Planning ...................................................... 16 4.5 Public Education ........................................................................................... 17 4.5.1 Land Use Element Policies ............................................................................. 17 4.5.2 Community Design Element Policies ............................................................ 18 4.5.3 Transportation and Circulation Plan Policies ............................................... 18 4.5.4 Capital Facilities Plan Policies ....................................................................... 18 4.6 Capital Improvement Plan ............................................................................ 18 4.7 Medina Park Board ........................................................................................ 19 4.8 SR 520 Expansion ......................................................................................... 19 4.9 Earth Corps ................................................................................................... 20 5 Recommended Project and Programs to Achieve Local Restoration Goals ................................................................................... 20 5.1 Introduction ................................................................................................... 20 5.2 Project Opportunities.................................................................................... 21 5.2.1 Priority 1 – Continue Water Resource Inventory Area (WRIA) 8 Participation .................................................................................................................... 22 5.2.2 Priority 2 – Public Education and Involvement ............................................ 22 Attachment C ii 5.2.3 Priority 3 – Reduce Shoreline Armoring along Lake Washington, Create or Enhance Natural Shoreline Conditions ......................................................... 23 5.2.4 Priority 4 – Reduction of In-water and Over-water Structures .................... 24 5.2.5 Priority 5 – Improve Tributaries and Reduce Sediment and Pollutant Delivery to Lake Washington .......................................................................... 25 5.2.6 Priority 6 – Improve Shoreline Vegetation, Reduce Impervious Coverage 26 5.2.7 Priority 7 – Reduce Aquatic Non-Native Invasive Weeds ............................ 26 5.2.8 Priority 8 – Acquisition of Shoreline Property for Preservation, Restoration, or Enhancement Purposes ....................................................... 26 5.2.9 Priority 9 – City Zoning, Regulatory, and Planning Policies ....................... 27 6 Implementation Strategies ............................................................... 28 6.1 Voluntary Restoration on Private Properties .............................................. 28 6.2 Development Opportunities ......................................................................... 28 6.3 Development Incentives ............................................................................... 28 6.4 Tax Relief / Fee System ................................................................................ 29 6.5 Resource Directory ....................................................................................... 29 6.6 Volunteer Coordination ................................................................................ 30 7 Proposed Implementation Schedule and Monitoring Methods.... 30 8 References ........................................................................................ 33 9 List of Acronyms and Abbreviations .............................................. 35 Appendix A City of Medina letter of support for the WRIA 8 Chinook Salmon Conservation Plan L IST OF F IGURES Figure 1. Medina Shoreline Reaches ...................................................................... 5 Figure 2. Planned Improvements by Washington Department of Transportation as part of its SR 520 Corridor project. ......................................................... 20 Figure 3. Partial bulkhead removal example project .............................................. 23 L IST OF T ABLES Table 1. The Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan Action Start-List for Lake Washington Migratory Area ....................................................................................... 12 Table 2. Implementation Schedule and Funding for Restoration Projects, Programs and Plans. .............................................................................. 30 Attachment C The Watershed Company November 2011 1 S HORELINE R ESTORATION P LAN FOR C ITY OF M EDINA S HORELINE M ASTER P ROGRAM 1 INTRODUCTION 1.1 Purpose The primary purpose of the Shoreline Restoration Plan is to plan for “overall improvements in shoreline ecological function over time, when compared to the status upon adoption of the master program” (WAC 173-26-201(2)(f)). Secondarily, the Shoreline Restoration Plan may enable a jurisdiction to ensure that the minimum requirement of no net loss in shoreline ecological function is achieved on a City-wide basis, notwithstanding any shortcomings of individual projects or activities. By law, activities that have adverse effects on the ecological functions and values of the shoreline must be mitigated (WAC 173-26-201(2)(e)). Proponents of such activities are individually required to mitigate for impacts to the subject shoreline areas, or agreed upon off-site areas, to conditions equivalent in ecological function to the baseline levels at the time each activity takes place. However, some uses and developments, either new or ongoing, cannot always be mitigated in kind on an individual project basis, such as a new bulkhead to protect a single-family home, that can be compensated for but not truly mitigated in-kind unless an equivalent area of bulkhead is removed somewhere else. Other impacts may be sufficiently minor on an individual level, such that mitigation is not required, but are cumulatively significant. Additionally, unregulated activities (such as operation and maintenance of existing legal developments) may also degrade baseline conditions. Finally, the City of Medina’s Shoreline Master Program (SMP) applies only to activities in shoreline jurisdiction, yet activities upland of shoreline jurisdiction may have offsite impacts on shoreline functions. Thus, assembly of out-of- jurisdiction actions, programs and policies can be essential for understanding how the City fits into the larger watershed context. The latter is critical when establishing realistic goals and objectives for dynamic and highly inter-connected environments. Together, these different project impacts – out of kind, de minimus, and out of jurisdiction – may result in cumulative, incremental, and unavoidable degradation of the overall baseline condition unless additional restoration of Attachment C City of Medina Shoreline Restoration Plan 2 habitat function is undertaken. Accordingly, the Restoration Plan is intended to be a source of ecological improvements implemented by the City and other government agencies, developers, non-profit groups, and property owners inside and outside of shoreline jurisdiction to ensure no net loss of ecological function, and where possible improvement of ecological function. 1.2 Restoration Plan Requirements This Restoration Plan has been prepared to meet the purposes outlined above as well as specific requirements of the SMP Guidelines. Specifically, WAC Section 173-26-201(2)(f) of the SMP Guidelines (Guidelines)1 says: master programs shall include goals and policies that provide for restoration of such impaired ecological functions. These master program provisions shall identify existing policies and programs that contribute to planned restoration goals and identify any additional policies and programs that local government will implement to achieve its goals. These master program elements regarding restoration should make real and meaningful use of established or funded non-regulatory policies and programs that contribute to restoration of ecological functions, and should appropriately consider the direct or indirect effects of other regulatory or non-regulatory programs under other local, state, and federal laws, as well as any restoration effects that may flow indirectly from shoreline development regulations and mitigation standards.” In addition to meeting the requirements of the Guidelines, this Restoration Plan is intended to identify priority focal areas for future restoration and mitigation, support the City’s and other organizations’ applications for grant funding, and to identify the various entities and their roles working within the City to enhance the environment. 1.3 Types of Restoration Activities Restoration of shoreline areas, in relation to shoreline processes and functions, commonly refers to methods such as re-vegetation, removal of invasive species or toxic materials, and removal of shoreline modifications, such as levees or revetments. Consistent with Ecology’s definition, use of the word “restore,” or any variations, in this document is not intended to encompass actions that reestablish historic conditions. Instead, it encompasses a suite of strategies that can be approximately delineated into four categories: 1 The Shoreline Master Program Guidelines were prepared by the Washington Department of Ecology and codified as WAC 173-26. The Guidelines translate the broad policies of the Shoreline Management Act (RCW 90.58.020) into standards for regulation of shoreline uses. See http://www.ecy.wa.gov/programs/sea/sma/guidelines/index.html for more background. Attachment C The Watershed Company November 2011 3 Creation (of a new resource) Restoration (of a converted or substantially degraded resource) Enhancement (of an existing degraded resource) Protection (of an existing high-quality resource). 1.4 Contents of this Restoration Plan As directed by the SMP Guidelines, the following discussions provide a summary of baseline of shoreline conditions, list restoration goals and objectives, and describe existing or potential programs and projects that positively impact the shoreline environment. In total, implementation of the SMP (with mitigation of project-related impacts) in combination with this Restoration Plan (for restoration of lost ecological functions that occurred prior to a specific project) will result in no net loss of ecosystem function, and voluntary actions and partnerships identified in this plan may result in a net improvement in the City of Medina’s shoreline environment in the long term. 2 SHORELINE INVENTORY SUMMARY 2.1 Introduction The City completed a comprehensive inventory and analysis of its Lake Washington shoreline (The Watershed Company and AHBL 2010). The purpose of the shoreline inventory was to facilitate the City of Medina’s compliance with the State of Washington’s SMA and Ecology’s updated SMP Guidelines. The inventory describes existing physical and biological conditions in the Lake Washington shoreline zone within City limits, including recommendations for restoration of ecological functions where they are degraded. The full Final Shoreline Analysis Report is summarized below. 2.2 Shoreline Boundary As defined by the Shoreline Management Act of 1971, shorelines include certain waters of the state plus their associated “shorelands.” Shorelands are defined as: those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this Attachment C City of Medina Shoreline Restoration Plan 4 chapter<Any county or city may determine that portion of a one- hundred-year-floodplain2 to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom (RCW 90.58.030)” Shorelands in the City of Medina include only areas within 200 feet of the ordinary high water mark (OHWM), and any associated wetlands within shoreline jurisdiction. As part of the shoreline jurisdiction assessment, one wetland was identified in the National Wetland Inventory and is, according to the Inventory, entirely within the 200-foot shoreline jurisdiction. However, based on recent site reconnaissance and aerial photo review, the actual presence of the wetland is unlikely. Lake Washington does not have a floodway or floodplain. 2.3 Shoreline Analysis Report The Shoreline Analysis Report is divided into seven main sections: Introduction, Current Regulatory Framework Summary, Elements of the Shoreline Inventory and Specific Conditions, Analysis of Ecological Functions and Ecosystem-wide Processes, Land Use Analysis, Public Access Analysis and Implications, and Shoreline Management Recommendations. For purposes of dividing the shoreline into manageable units and to help evaluate differences among discreet shoreline areas, the City’s shoreline jurisdiction was divided into three reaches, Reach 1, Reach 2 and Reach 3, based on shoreline orientation (Figure 1). The main components of the Shoreline Analysis that pertain to this Restoration Plan are summarized below in Sections 2.3.1 and 2.3.2. 2 According to RCW 173-220-030, 100-year floodplain is “that land area susceptible to being inundated by stream derived waters with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the act;” Attachment C The Watershed Company November 2011 5 Figure 1. Medina Shoreline Reaches 2.3.1 Land Use and Physical Conditions Existing Land Use The City of Medina shoreline area is nearly fully developed. The few areas not occupied by residential uses are private recreation clubs, vacant lots, Medina Beach Park (doubles as “government service” land use), the Lake Lane public Reach 3 Reach 1 Reach 2 Attachment C City of Medina Shoreline Restoration Plan 6 dock and access, and the View Point Park pier. With the possible exception of limited additional residential lands being acquired for public open space, land uses along the shoreline are not expected to change over the next 20 years, although re-builds, substantial remodels, SR 520 renovations, and some redevelopment of single-family residential parcels are likely to occur. The City’s shoreline is predominately zoned single-family residential (R-16, R-30, and R-20). Parks and public places make up approximately 1 percent of the shoreline area. Four residential lots, including one owned by the Washington State Department of Transportation (WSDOT) beneath SR 250, are vacant. Parks and Open Space/Public Access There are three points at which the public can access the waterfront to use piers and other recreational facilities. Medina Beach Park, at the south end of Evergreen Point Road, is developed with a fish-friendly public pier, a bulkhead, picnic facilities, and parking. The Lake Lane public dock is accessed via a narrow and sparsely used public access off of 78th Place NE and is very small and undeveloped except for the dock itself. View Point Park is located near the south end of 84th Avenue NE and Overlake Drive W, outside of shoreline jurisdiction, but a trail leads from a small parking area to the fish-friendly floating dock. Shoreline Modifications The Medina shoreline is heavily modified with 77 percent of it armored, 23 percent semi-natural, and less than 0.1 percent natural. There are 186 piers on the shoreline, or about 41 per mile, and total overwater coverage of approximately 7.8 acres. This compares to 71 percent armored and 36 piers per mile for the entire Lake Washington shoreline. Thus, the City of Medina has higher pier density and shoreline armoring than the lake-wide figures. Some of the piers have one or more boatlifts. All three reaches are generally comparable in development extent, although Reach 2 has somewhat less armoring, partially due to the presence of Medina Beach Park and undeveloped private lots. 2.3.2 Biological Resources and Critical Areas With a few exceptions, the Medina shoreline zone is generally deficient in high- quality biological resources and critical areas, primarily because of the extensive residential development and its associated shoreline modifications. A few vacant lots and part of Medina Beach park have unarmored shoreline area and some natural vegetation, but the great majority of parcels have bulkheads and/or piers, and vegetation is primarily manicured lawns, residential landscaping, and some large retained trees. As well, the undeveloped lots are surrounded by residential development and do not cover an extensive or contiguous stretch of the shoreline. Reach 1 of the Medina shoreline exhibits the lowest ecological function of the City’s three reaches. Zoning is entirely single-family residential, and all but one Attachment C The Watershed Company November 2011 7 lot are developed. At least 30.5 percent of the area is in impervious surface. Pervious surface is mostly grass lawn, and there is little shoreline vegetation. Ninety-five percent of the Reach 1 shoreline is heavily armored, and the remainder is semi-natural. There are 32 docks on the reach. The reach is on Fairweather Bay and is protected from most natural wave action, but waves are generated by boat use. Water quality is not impacted by surface water discharge, and the shoreline vegetation that does exist performs some temperature controls function. Other shoreline functions that are present to a small degree are nutrient removal, sediment transport, and toxicant removal. Habitat for wildlife is provided by the roughly 27 percent woody vegetative cover in the reach, most of which does not overhang the shoreline. Reach 2 is mostly west-facing shores and is the highest functioning reach of the Medina shoreline. Although zoning is entirely single-family residential, two of the lots contain Medina Beach Park and City hall. Five lots have multi-slip docks. Three lots are owned by the Washington State Department of Transportation (WSDOT) and preserved for the replacement of the Evergreen Point Floating Bridge and other facilities, and three other privately owned lots are presently undeveloped. Setbacks are variable and generally larger than in the other reaches due to the presence of steep slopes, and thus more vegetation is able to grow nearer the lakeshore than in the other reaches. This allows for higher water quality and habitat function. More than two thirds of the reach is within a King County erosion hazard zone. Impervious surface within the shoreline jurisdiction is about 12.4 percent. Hard armoring is present over 71 percent of the shoreline, and 28 percent is semi-natural and mostly located north of the Evergreen Point Floating Bridge. The small remainder is natural, unarmored shoreline. Much of the pervious surface is grass, but 48 percent of shoreline jurisdiction in Reach 2 is covered by woody vegetation. The reach experiences more dynamic environmental effects than the other reaches because of higher wave action. Piers number 122 in Reach 2. Ecosystem processes that are present include wave energy; sedimentation inputs, deposition and loss; movement of woody debris; and organic inputs from the shoreline. There is no significant surface water discharge impacting water quality, and vegetation performs temperature control, nutrient removal, habitat, sediment transport, and toxicant removal functions. Reach 3, the east-facing shoreline of Meydenbauer Bay, rates moderately for ecological function. Of the 33 residential lots within the reach, one is presently undeveloped and unlikely to develop, as it is owned by the owner of a developed adjoining lot. Thirty-three percent of the shoreline is impervious, and 11 percent covered by woody vegetation. Grass lawns predominate in the remaining area. A few landward sections of shoreline jurisdiction in Reach 3 are within a King County erosion hazard zone. While the east-facing shore is somewhat protected from wind-generated waves, the Point is still exposed and Attachment C City of Medina Shoreline Restoration Plan 8 the wave fetch is moderate from the south and southwest. Meydenbauer Bay experiences a lot of boating activity that can produce significant wakes that impact the east shore. Approximately 90 percent of the shoreline is armored with concrete, rock or wooden bulkheads, preventing the recruitment sediment and contributing to the development of deep water at bulkhead faces, affecting the development of emergent and aquatic vegetation and limiting shallow-water refugia for juvenile fish. Ten percent of the shoreline is semi-natural. There are 32 docks in the reach. The Washington Department of Fish and Wildlife (WDFW) Priority Habitat and Species (PHS) data obtained for this project depict a single wetland within shoreline jurisdiction in Reach 3 (WDFW 2010), although the presence of this wetland is not verified by the National Wetland Inventory or a past City-wide critical areas inventory (Jones & Stokes 1992). Existing conditions in the mapped wetland area include a lot developed with a single-family residence, two-slip dock, and tennis court; therefore, the actual presence of a wetland at the mapped site is unlikely. A bald eagle shoreline nest buffer area extends over Reach 1 and into the north tip of Reach 2. This indicates that the species uses the area and a bald eagle management plan may be required for development projects within the nest buffer. 3 RESTORATION GOALS AND OBJECTIVES 3.1 Introduction According to the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Near- Term Action Agenda For Salmon Habitat Conservation, Lake Washington suffers from “Altered trophic interactions (predation, competition), degradation of riparian shoreline conditions, altered hydrology, invasive exotic plants, poor water quality (phosphorus, alkalinity, pH), [and] poor sediment quality” (WRIA 8 Steering Committee 2002). This assertion is substantiated by the information presented in the Final Shoreline Analysis Report for the City of Medina’s Lake Washington Shoreline (The Watershed Company and AHBL 2010), which includes an evaluation of ecological function of Lake Washington reaches within the City’s shoreline jurisdiction. The evaluation utilizes available GIS inventory information, aerial photograph interpretation, and field investigation where possible. The results corroborate the WRIA 8 Steering Committee findings and expand on the processes affecting lake function, as well as identifying alterations that impact function and making recommendations for protection and restoration. Attachment C The Watershed Company November 2011 9 The WRIA 8 Action Agenda established four “ecosystem objectives,” which are intended to guide development and prioritization of restoration actions and strategies. The objectives are as follows: Maintain, restore, or enhance watershed processes that create habitat characteristics favorable to salmon. Maintain or enhance habitat required by salmon during all life stages and maintain functional corridors linking these habitats. Maintain a well-dispersed network of high-quality refuge habitats to serve as centers of population expansion. Maintain connectivity between high-quality habitats to allow for population expansion into recovered habitat as degraded systems recover.” The WRIA 8 restoration objectives, in combination with the results of the City’s Final Shoreline Analysis Report, the direction of Ecology’s Shoreline Master Program Guidelines, and the City’s commitment (Appendix A) to support the Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan, are the foundation for the following goals and objectives of the City of Medina’s restoration strategy. Although the WRIA 8 Action Agenda and the Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan are salmon-centered, pursuit of ecosystem-wide processes and ecological functions performance that favors salmon generally captures those processes and functions that benefit all fish and wildlife. Goal 1 – Maintain, restore or enhance watershed processes, including sediment, water, wood, light and nutrient delivery, movement and loss. Goal 2 – Maintain or enhance fish and wildlife habitat during all life stages and maintain functional corridors linking these habitats. Goal 3 – Contribute to conservation and recovery of Chinook salmon and other anadromous fish, focusing on preserving, protecting and restoring habitat with the intent to recover listed species, including sustainable, genetically diverse, harvestable populations of naturally spawning Chinook salmon. 3.2 System-wide Restoration Objectives Overall objectives to ensure ecological integrity of the Lake Washington/Cedar/Sammamish watershed primarily involve supporting and implementing the Chinook Salmon Conservation Plan. These objectives are further defined as follows: Attachment C City of Medina Shoreline Restoration Plan 10 Continue to work collaboratively with other jurisdictions and stakeholders in WRIA 8 to implement the Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan. Use the scientific foundation and the conservation strategy as the basis for local actions recommended in the Chinook Salmon Conservation Plan and as one source of best available science for future projects, ordinances, and other appropriate local government activities. Use the comprehensive list of actions, and other actions consistent with the Chinook Salmon Conservation Plan, as a source of potential site-specific projects and land use and public outreach recommendations. Use the start-list to guide priorities for regional funding in the first ten years of Chinook Salmon Conservation Plan implementation, and implementing start-list actions through local capital improvement projects, ordinances, and other activities. Seek funding for various restoration actions and programs from local sources and by working with other WRIA 8 jurisdictions and stakeholders to seek federal, state, grant and other funding opportunities. Develop a public education plan to inform private property owners in the shoreline zone and in the remainder of the City about the effects of land management practices and other unregulated activities (such as vegetation removal, pesticide/herbicide use, car washing) on fish and wildlife habitats. 3.3 Lake Washington Restoration Objectives Objectives specific to the restoration of Lake Washington shorelines are described below. These objectives were derived from restoration recommendations for the Cedar River watershed and Lake Washington shorelines in the WRIA 8 Chinook Salmon Conservation Plan (Chapter 4), as well as from conservation needs identified in the Shoreline Analysis Report (TWC and AHBL 2010): Eliminate man-made barriers to anadromous fish passage, preventing the creation of new barriers, and providing for transport of water, sediment and organic matter at all stream crossings. Identify hardened and eroding lakeshores and streambanks, and correct to the extent feasible with bioengineered stabilization solutions. Attachment C The Watershed Company November 2011 11 Increase large woody debris recruitment potential through plantings of trees in the riparian corridors, particularly conifers. Where feasible, install large woody debris to meet short-term needs. Increase quality, width and diversity of native vegetation in protected corridors adjacent to stream and lake habitats to provide safe migration pathways for fish and wildlife, food, nest sites, shade, perches, and organic debris. Strive to control non-indigenous plants or weeds that are proven harmful to native vegetation or habitats. Reconnect and enhance small creek mouths as juvenile rearing areas. Habitat in small Lake Washington tributaries, such as those in the City of Medina, should be restored for coho so that production of cutthroat trout, which prey on juvenile Chinook salmon in Lake Washington, is reduced. Decrease the amount and impact of overwater and in-water structures through minimization of structure size and use of innovative materials such as grated decking. Participate in lake-wide efforts to reduce populations of non-native aquatic vegetation. Manage the quality and quantity of stormwater runoff, consistent at a minimum with the latest Washington Department of Ecology Stormwater Management Manual for Western Washington. Make any additional efforts to meet and maintain state and county water quality standards in Lake Washington tributary streams. 4 EXISTING AND O NGOING PROJECTS AND PROGRAMS The following series of existing projects and programs active in the Medina area are generally organized from the larger watershed scale to the City-scale. 4.1 Water Resource Inventory Area (WRIA) 8 Participation The City of Medina was one of 27 members of the WRIA 8 Forum, which participated in financing and developing the Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan. The Chinook Salmon Conservation Plan includes the City’s commitment to the plan in the form of a letter of support dated July 1, 2005 (Appendix A). Attachment C City of Medina Shoreline Restoration Plan 12 The City’s SMP update products rely heavily on the science included in the WRIA 8 products, and incorporate recommended actions from the WRIA 8 products. The Lake Washington shoreline is among the highest priorities for restoration in WRIA 8 because of the importance of its shorelines for juvenile Chinook rearing. Recommended actions in the Chinook Salmon Conservation Plan to improve shoreline rearing habitat are summarized in Table 1. Table 1. The Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan Action Start-List for Lake Washington Migratory Area Goal/ Action Items Reduce predation to outmigrating juvenile Chinook by: Reducing bank hardening, restoring overhanging riparian vegetation, replacing bulkheads and rip-rap with sandy beaches with gentle slopes, and use of mesh dock surfaces and/or community docks. Encourage salmon friendly shoreline design during new construction or redevelopment . Offer incentives and regulatory flexibility to improve bulkhead and dock design and revegetate shorelines. Require major redevelopment projects to meet current standards. Discourage construction of new bulkheads; offer incentives (e.g., provide expertise, expedite permitting) for voluntary removal of bulkheads, beach improvement, and riparian revegetation. Support joint effort by NOAA Fisheries and other agencies to develop dock/pier specifications to streamline federal/state/local permitting; encourage similar efforts for bulkhead specifications. Promote value of light-permeable docks, smaller piling sizes, and community docks to both salmon and landowners. Offer financial incentives for community docks through reduced permit fees, taxes, and permitting time. Develop workshop series on lakeside living, including: natural yard care, alternatives to vertical wall bulkheads, fish friendly dock design, best management practices for aquatic weed control, porous paving, and boat, dock, and deck maintenance. Protect and restore water quality in tributaries and along shoreline. Restore coho runs in smaller tributaries as control mechanism to reduce the cutthroat population. Reconnect and enhance small creek mouths as juvenile rearing areas. Address water quality and high flow impacts through NPDES permit updates and Washington Department of Ecology’s Stormwater Management Manual. Address low impact development (LID) techniques, on-site stormwater detention, control of point source pollution and impacts from major transportation projects. Encourage LID through regulations, incentives, education/training, and demonstration projects. Protect and restore water quality and other ecological functions in tributaries. Protect and restore forest cover, riparian buffers, wetlands, and creek mouths by revising and enforcing critical areas ordinances and Shoreline Master Programs, incentives, and flexible development tools. Promote the use of “rain gardens” and other low impact development practices. Opportunities include a design competition or a home/garden tour. The WRIA 8 Steering Committee’s mission and goal statements state that the Plan shall: 1) recognize that local governments are key implementing entities for the plan, because of their responsibilities for land use, 2) direct most future population growth to already urbanized areas, because new development has greater negative effects on hydrology and ecological health of streams in rural Attachment C The Watershed Company November 2011 13 than in urban areas, 3) create incentives for behavior that would support Plan goals, and 4) be coordinated with the Growth Management Act, local and regional responses to the Clean Water Act, other environmental laws and past/current planning efforts. The City’s preparation of the Final Shoreline Analysis Report for the City of Medina’s Lake Washington Shoreline (TWC and AHBL 2010) and this Shoreline Restoration Plan are important steps toward furthering the goals and objectives of the WRIA 8 Chinook Salmon Conservation Plan. Provisions in the updated Shoreline Master Program address many of the recommendations identified in Table 1; these provisions include standards for dock design and dimensions, incentives to reduce shoreline armoring, and stormwater improvement standards. The City’s conservation partners are also actively pursuing projects and programs to address the above recommendations. For example, in coordination with the City of Seattle, Ecology, Puget Sound Partnership, the Governor’s Office for Regulatory Assistance, and the King Conservation District (KCD), WRIA 8 has spearheaded a Green Shorelines program to encourage environmentally sensitive shoreline designs through landowner surveys and outreach http://www.govlink.org/watersheds/8/action/greenshorelines/default.aspx). In addition to project opportunities identified in Table 1, the plan emphasizes the need to engage the public so that they will support ecological protection and restoration, and so they will implement practices that conserve shoreline functions on their own properties. 4.2 Comprehensive Plan Policies The City amended its Comprehensive Plan on March 14, 2005 (City of Medina 2005). The Plan incorporates by reference the goals and policies in the Shoreline Master Program, and the Plan’s Natural Environment Element contains a number of goals directed toward the City’s commitment to “federal, state, and regional goals of endangered species recovery of listed salmon species by addressing salmon habitat needs within the adjacent to its boundaries with Lake Washington.” The Plan focuses on the preservation and enhancement of water quality treatment and storage and groundwater discharge. Specific goals are reproduced below: NE-G1 To achieve a well-balanced relationship between the built and natural environments utilizing guidance derived from best available science. Attachment C City of Medina Shoreline Restoration Plan 14 NE-G2 To prioritize stormwater management, point and non-point pollution discharge reduction, and erosion control methodologies to reduce shore-term and long-term water quality impacts. NE-G3 To promote community-wide stewardship of the natural environment for future generations through protection, preservation/conservation, and enhancement of those natural environment features which are most sensitive to human activities and which are crucial to fish and wildlife survival and proliferation. Natural Environment policies in the Plan are as follows: NE-P1 The City shall maintain and update critical areas regulations as required by the GMA, and utilizing the best available science. NE-P2 The City shall preserve and should enhance where possible the functions and values of Medina’s critical areas in a manner consistent with best available science. NE-P3 The City shall coordinate with other cities, King County, federal and state agencies, tribes, and the WRIA 8 Steering Committee on regional environmental issues, such as surface and groundwater quality and quantity, and salmon conservation. NE-P4 No net loss of wetlands functions, values, and acreage should result from development. NE-P5 The City shall work to protect, preserve and, where possible, enhance water quality in Lake Washington and Medina (Fairweather) Creek. NE-P6 The City shall develop a mitigation incentives program that promotes improved water quality. Incentives should be monitored to determine effectiveness. NE-P7 The City shall work to preserve stream corridors wide enough to maintain and enhance existing stream and habitat functions in all development proposals by use of native growth protection easements or other appropriate mechanisms. NE-P8 The City should restore Medina (Fairweather) Creek to provide salmon habitat by developing and implementing a salmon restoration/habitat recovery plan that addresses, among other things, management of SR 520 stormwater run-off. Attachment C The Watershed Company November 2011 15 NE-P9 The City shall prohibit the introduction of invasive plant species and encourage enhancement of native plant communities in natural areas, which include, but are not limited to, fish and wildlife habitat conservation areas and their buffers. NE-P10 The City should encourage and educate residents on development and land use practices that minimize impacts on the natural environment, with emphasis on anadromous fisheries. 4.3 Critical Areas Regulations The City of Medina’s critical area regulations that apply in shoreline jurisdiction are contained in Chapter 20.67 of the SMP. Chapter 18.12 of the Medina Municipal Code (MMC), revised in May 2005, contains the critical areas regulations that will apply outside of shoreline jurisdiction. They include as a general provision the protection of “unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats through application of best available science<” All activities which require a development permit (including but not limited to building, grading, drainage, short plat, lot line adjustment, variance, demolition, and condition and special use) under the SMP are reviewed under the City’s shoreline critical areas regulations for consistency. If there is a conflict between the critical areas regulations and the body of the SMP, the regulations that offer the greatest environmental protection apply. The basic components of Medina’s critical areas regulations include Ecology’s four-tiered wetland rating system with standard buffers ranging from 40 to 225 feet in shoreline jurisdiction, and a three-tiered water-typing system for streams requiring standard buffers of 50 to 100 feet. The critical areas regulations also include designation and protection of fish and wildlife conservation areas. Fish and wildlife conservation areas in the City of Medina include, in addition to streams, areas with which a state or federal endangered, threatened, or sensitive species has a primary association; state priority habitats and species; habitat and species of local importance; naturally occurring pond under 20 acres; designated Waters of the State; state Natural Area Preserves and Natural Resources Conservation Areas; and lands found to be “essential for preserving connections between habitat blocks and open spaces” by the Medina City Council. Management of the City’s critical areas under these regulations should help insure that ecological functions and values are not degraded, and impacts to critical areas are mitigated. These critical areas regulations are one important tool that will help the City meet its restoration goals. Attachment C City of Medina Shoreline Restoration Plan 16 4.4 Stormwater Management and Planning The City of Medina’s 2009 Stormwater Management Program identifies 50,040 feet of storm sewer, 13 stormwater outfalls, and 722 catch basins. Storm drainage from the entire City is ultimately discharged to Lake Washington, although some is via Fairweather Creek, which drains to the lake outside of City boundaries. Subsequently, although much of the stormwater originates outside of shoreline jurisdiction, all of the City’s drainage affects shoreline conditions. The Capital Facilities Plan in the City’s Comprehensive Plan includes the following stormwater policies: 1. The City should make improvements to the stormwater system based on the Comprehensive Stormwater Management Plan, including increasing the flow capacity of a number of individual sections of the stormwater system and reconditioning some of the open ditches. 2. The City shall maintain requirements for stormwater retention/detention and/or the use of best management practices as defined under Department of Ecology guidelines, and according to the objectives of the Puget Sound Water Quality Management Plan. 3. The City shall pursue stormwater management strategies to minimize flooding, significant erosion to natural drainage ways, and degradation of water quality. 4. The City shall encourage the use of public information programs or other such educational efforts to raise the awareness of City residents concerning water quality and quantity issues and solutions. The City holds National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater permit #WAR04-5527 from Ecology. The NPDES Phase II permit is required to cover the City’s stormwater discharges into regulated lakes and streams. Under the conditions of the permit, the City must meet minimum control measure requirements that require the protection and improvement of water quality through public education and outreach, public involvement/participation, detection and elimination of illicit non-stormwater discharges (e.g., spills, illegal dumping, wastewater), management and regulation of construction site runoff, post-construction management and regulation of runoff from new development and redevelopment, and pollution prevention and maintenance for municipal operations. Attachment C The Watershed Company November 2011 17 In 2007, Ecology published information about toxics levels in fish, including fish sampled in Lake Washington (Washington Department of Ecology 2007). Lake Washington ranked second only to the Wenatchee River near Leavenworth for a site contaminant score. Although this report does not identify specific point sources, it represents a clear need to better understand contaminant sources and control. 4.5 Public Education The City of Medina’s Comprehensive Plan identifies various policy statements that address the goal of environmental public involvement (excerpted below). These items help guide City staff and local citizen groups in developing mechanisms to educate the public and broaden the interest in protecting and enhancing local environmental resources. In addition to the sections below, the plan’s Natural Resource Element contains goals and policies that encourage and require public involvement (see Section 4.2, Goal NE-G3 and Policy NE-P10). 4.5.1 Land Use Element Policies Future Land Use Designation Policies Policy LU-P7: The City shall work with WSDOT and City residents to develop mitigation measures that it seeks to be implemented as part of regional facilities development or improvements projects, such as SR 520 and related structures and improvements. Policy LU-P8: The City shall encourage and facilitate public participation in all land use planning processes. Policy LU-13: The process to site proposed new or expansions to existing essential public facilities should consist of the following: a. An inventory of similar existing essential public facilities, including their locations and capacities; b. A forecast of the future needs for the essential public facility; c. An analysis of the potential social and economic impacts and benefits to jurisdictions receiving or surrounding the facilities; d. An analysis of the proposal's consistency with County and City policies; e. An analysis of alternatives to the facility, including decentralization, conservation, demand management and other strategies; f. An analysis of alternative sites based on siting criteria developed through an interjurisdictional process; Attachment C City of Medina Shoreline Restoration Plan 18 g. An analysis of environmental impacts and mitigation; and h. Extensive public involvement. 4.5.2 Community Design Element Policies Policy CD-P2: The City should refine and update the Street Design Standards and Landscaping Plan as needed based on community input. Policy CD-P5: Residents are urged to consult with the City and with their neighbors on both the removal and replacement of trees and tree groupings to help protect views and to prevent potential problems e.g., removal of an important tree or planting a living fence). 4.5.3 Transportation and Circulation Plan Policies Policy T-P-8: The City shall work with WSDOT, city residents and other groups, stakeholders and agencies to develop mitigation measures that may be implemented as part of any SR 520 improvement/expansion project. The City shall seek an overall education of impacts, including measures such as: a. Noise reduction measures, b. Landscaped lids and open space, c. Landscaped buffers, d. Protection of Fairweather Nature Park, e. Enhanced motorized and nonmotorized local connectivity, f. Water and air quality improvements, and g. Overall environmental protection. 4.5.4 Capital Facilities Plan Policies Policy CF-P7: The City shall encourage the use of public information programs or other such educational programs to raise the awareness of City residents concerning water quality and quantity issues. 4.6 Capital Improvement Plan The City’s Six Year Capital Improvement Plan (CIP) City of Medina 2005a) addresses, as part of ongoing street, storm drainage, sidewalk, and parks projects, environmental issues and policies. Street improvement projects in the Attachment C The Watershed Company November 2011 19 2007-2012 CIP include mandatory stormwater drainage improvements. Included in the City’s CIP list, an existing culvert that is a fish passage barrier is scheduled to be replaced by an open-bottom box culvert on NE 24th Street. The project is outside of shoreline jurisdiction, but it is expected to contribute to aquatic habitat in the surrounding area. Parks improvements implemented from the CIP list included the installation of “fish friendly piers” (see Section 4.7 for further details). Stream rehabilitation projects on Fairweather Creek in the Fairweather Nature Preserve were also implemented as a part of the CIP list, in partnership with Earth Corps volunteers. 4.7 Medina Park Board The Medina Park Board acts as an advisory body to the Mayor and City Council on park-related matters. A park enhancement project was implemented in 2007 at Medina Beach Park, consistent with project recommendation C290 from the Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan (WRIA 8 2005). The project included enlargement of the gravel cove at the southeast end of the park, the addition of two smaller coves in the replaced bulkhead, elimination of two piers and construction of a smaller pier with grated decking, installation of spawning gravels, and planting of native planting in the southeast portion of the park. Piers at the Lake Lane Dock and View Point Park have also been updated with grated decking. Medina Parks now offer dog mitts, which helps encourage residents to properly dispose of pet waste and limits transfer of fecal coliform bacteria to the Lake. Additional opportunities for enhancement may be available at the City Hall/Medina Beach Park site through vegetation enhancement and educational signage on the value of shoreline ecological functions and potential human impacts. 4.8 SR 520 Expansion State Route 520 passes transects the City of Medina and its shoreline jurisdiction. Expansion of SR 520 is anticipated that will require filling of wetlands and converting existing pervious surfaces to impervious surfaces. In order to comply with stormwater requirements, WSDOT plans to add a single bioswale for stormwater in the Lake Washington basin and a stormwater pond at the southern terminus of Fairweather Basin, just outside of the City’s shoreline jurisdiction (Figure 2). Habitat functions of the lost wetlands would be mitigated through riparian plantings and offsite mitigation. It is anticipated that stormwater measures associated with the project should improve water quality in Lake Washington by treating runoff from SR 520 that is currently untreated. Attachment C City of Medina Shoreline Restoration Plan 20 Figure 2. Planned Improvements by Washington Department of Transportation as part of its SR 520 Corridor project. Outside of jurisdiction, WSDOT has proposed replacement of existing culvert with new, fish-passable culverts under SR 520 on Fairweather Creek, a tributary of Fairweather Bay. This project would result in small gains in available fish habitat (approximately 44 feet) (WSDOT 2010). 4.9 Earth Corps The City of Medina is an “Agency Partner” of Earth Corps, a non-profit organization that provides environmental restoration service programs for young adults. These one-year programs provide opportunities to learn conservation and develop skills in leading volunteers. Earth Corps works with the City’s Parks department to organize and lead restoration projects, such as removing invasive plants and planting native species. To date, Earth Corps has conducted restoration activities only in Fairweather Park and Nature Preserve, outside of shoreline jurisdiction. Contact Information: info@earthcorps.org, http://www.earthcorps.org/volunteer.php 5 RECOMMENDED P ROJECT AND PROGRAMS TO A CHIEVE LOCAL RESTORATION GOALS 5.1 Introduction There are several opportunities to expand on existing programs and partnerships. Many shoreline properties have the potential for improvement of ecological functions through: 1) reduction or modification of shoreline armoring, 2) reduction of overwater cover and in-water structures (grated pier decking, Attachment C The Watershed Company November 2011 21 pier size reduction, pile size and quantity reduction, moorage cover removal), 3) improvements to nearshore native vegetative cover, and/or 4) reductions in impervious surface coverage. Other opportunities may exist to improve either fish habitat or fish passage for those properties that have streams discharging to Lake Washington. Generally, restoration opportunities are identified on City property, including parks and roads/roadsides. Many other restoration opportunities exist throughout the City on private property. These opportunities would include many of the same issues as on public properties, but would likely occur only through voluntary means or through re-development proposals. 5.2 Project Opportunities The City’s restoration goals and unique constraints were used to identify restoration actions and develop a hierarchy to rank different types of projects or programs associated with shoreline restoration. The process of prioritizing actions involves balancing ecological goals with a variety of site-specific constraints. Briefly restated, the City’s environmental protection and restoration goals include 1) protecting watershed processes, 2) protecting fish and wildlife habitat, and 3) contributing to Chinook conservation efforts. Constraints that are specific to Medina include a highly developed residential shoreline along Lake Washington, private recreational properties, a few undeveloped private shoreline properties, and three public access/recreation sites. Programmatic actions, like continuing WRIA 8 involvement and conducting outreach programs to local residents, tend to receive relatively high priority compared to restoration actions involving private landowners. Other factors that influenced the hierarchy are based on scientific recommendations specific to WRIA 8, potential funding sources, and the projected level of public benefit. Restoration projects on public property have received a high priority ranking due to their availability to be funded by a variety of sources, such as CIP program, Parks Department, local grants, and non-profit groups. Although restoration project/programs are prioritized below, the actual order of implementation may not always correspond with the priority level assigned to that project/program. This discrepancy is caused by a variety of factors that affect project effectiveness and feasibility over time (e.g., landowner willingness, funding availability, changes in land ownership). Some projects, such as those associated with shoreline planting, are relatively inexpensive and easy to permit and should be implemented over the short and intermediate term despite the perception of lower priority than projects involving extensive shoreline restoration or large-scale capital improvement projects. Straightforward projects with available funding should be initiated immediately for the worthwhile benefits they provide and to preserve a sense of momentum while permitting, Attachment C City of Medina Shoreline Restoration Plan 22 design, site access authorization, and funding for the larger, more complicated, and more expensive projects are under way. 5.2.1 Priority 1 – Continue Water Resource Inventory Area (WRIA) 8 Participation Of basic importance is the continuation of ongoing, programmatic, basin-wide programs and initiatives such as the WRIA 8 Forum. Continue to work collaboratively with other jurisdictions and stakeholders in WRIA 8 to implement the Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan. This process provides an opportunity for the City to keep in touch with its role on a basin-wide scale and to influence habitat conditions beyond its borders, which, in turn, come back to influence water quality and quantity and habitat issues within the City. 5.2.2 Priority 2 – Public Education and Involvement Public education and involvement has a high priority in the City of Medina due to the predominance of residential development along the shoreline. Recent outreach efforts by other jurisdictions, such as the handbook Green Shorelines: Bulkhead Alternatives for a Healthier Lake Washington (City of Seattle 2008), have begun to change the perception of shoreline aesthetics, use, and ecological health. This and other outreach efforts (i.e. workshops, websites, example projects) are clear motivating and contributing factors for restoration activities on private property. While some opportunities for shoreline restoration exist within City parks (see Section 4.7), many other opportunities exist on private properties. Regardless of ownership, providing education opportunities and involving the public are keys to success. Opportunities to engage the public include stewardship events, educational signage in public parks, and the development of a long-term Public Education and Outreach Plan (Section 4.5). Specific projects from the Action Start List include developing a workshop series and website that is tailored to lakeshore property owners, and that promotes natural yard care, alternatives to vertical bulkheads, fish-friendly dock design, best management practices for aquatic weed control, porous paving, and environmentally friendly methods of maintaining boats, docks, and decks. Additionally, design competitions and media coverage could be used to promote the use of “rain gardens” and other low impact development practices that minimize water quality impacts typically associated with development. A home/garden tour or “Street of Dreams” type event might serve to showcase these landscape/engineering treatments. These Action Start List goals could be implemented by other local or regional government entities or non-profit organizations, and they could provide a reference source for local residents. Attachment C The Watershed Company November 2011 23 5.2.3 Priority 3 – Reduce Shoreline Armoring along Lake Washington, Create or Enhance Natural Shoreline Conditions The preponderance of shoreline armoring and its association with impaired habitat conditions, specifically for juvenile Chinook salmon, has been identified as one of the key limiting factors along Lake Washington (Kerwin 2001). Seventy-seven percent of the Medina shoreline is armored; 23 percent is semi- natural, meaning that some shoreline function persists; and less than 0.1 percent is natural (The Watershed Company and AHBL 2010). Emphasis should be given to future project proposals that involve or have the potential to restore privately-owned shoreline areas to more natural conditions. An example of how shoreline armoring might be reduced on some lots along the City’s residential areas is depicted below (Figure 3). Figure 3. Partial bulkhead removal example project Attachment C City of Medina Shoreline Restoration Plan 24 This example displays before and after images of a lot in which the existing bulkhead is partially pulled back to create a shallow cove beach combined with natural materials. This example combines the effort to improve habitat conditions with improved access and aesthetics. The City should explore ways to assist local property owners, whether through financial assistance, permit expedition, or guidance to team together with restoration of multiple contiguous lots (See Section 6.1 below). Recommendations from the WRIA 8 Action Start List include a focus on reducing shoreline armoring and encouraging salmon friendly shoreline design during new construction or redevelopment by offering incentives and regulatory flexibility to improve bulkhead and dock design and revegetate shorelines. Other recommendations from the List that support this priority include: 1) increasing enforcement that addresses nonconforming structures over the long run by requiring that major redevelopment projects meet current standards; 2) discouraging construction of new bulkheads and offer incentives (e.g., provide expertise, expedite permitting) for voluntary removal of bulkheads, beach improvement, riparian revegetation; 3) utilizing interpretive signage where possible to explain restoration efforts. 5.2.4 Priority 4 – Reduction of In-water and Over-water Structures Similar to Priority 3 listed above, in-water and over-water structures, particularly piers, docks, and covered moorages, have been identified as one of the key limiting factors in Lake Washington (Kerwin 2001). Overwater structure density along the City’s shoreline is about 41 piers per mile – slightly higher than the lake-wide average of 36 piers per mile (Toft 2001), but in-line with other jurisdictions around Lake Washington. The density of residential development along the City’s lakeshore is the main reason for the slightly higher-than-average pier density. Future project proposals involving reductions in the size and/or quantity of such structures should be emphasized. Such future projects may involve joint-use pier proposals or pier reconstruction and may be allowed to undergo an expedited permit process. WRIA 8 Action Start List Recommendations in support of Priority 4 include: 1) supporting the joint effort by NOAA Fisheries and other agencies to develop dock/pier specifications that streamline federal/state/local permitting; 2) promoting the value of light-permeable docks, smaller piling sizes, and community docks to both salmon and landowners through direct mailings to lakeshore landowners or registered boat owners sent with property tax notice or boat registration tab renewal; and 3) offering financial incentives for community docks in terms of reduced permit fees, loan fees/percentage rates, taxes, and permitting time, in addition to construction cost savings. Similarly, the WRIA 8 Salmon Conservation Plan identified a future project (C302) to explore Attachment C The Watershed Company November 2011 25 opportunities to reduce the number of docks by working with private property owners. 5.2.5 Priority 5 – Improve Tributaries and Reduce Sediment and Pollutant Delivery to Lake Washington Although the occurrence of watercourses in shoreline jurisdiction is very limited, their impacts to shoreline areas should not be discounted. Fairweather Creek in particular, as well as natural drainages in Fairweather Nature Preserve have the potential to provide fish habitat and wildlife habitat. In-city watercourses are also a common receiving body for non-point source pollution, which in turn delivers those contaminants ultimately to Lake Washington. Many actions provided in the WRIA 8 Salmon Conservation Plan focus on addressing water quality and stormwater controls, including: Implement Phase 2 NPDES permit requirements Address stormwater impacts from transportation projects involving new or expanded roadways Encourage low impact development through regulations, incentives, education and training, and demonstration projects where practical Improve enforcement of existing land use and other regulations These recommendations emphasize the use of low impact development techniques, on-site stormwater detention for new and redeveloped projects, and control of point sources that discharge directly into surface waters. They involve protecting and restoring vegetative cover, riparian buffers, wetlands, and creek mouths by revising and enforcing critical areas ordinances and SMPs, incentives, and flexible development tools. While some of these actions have limited implementation potential within shoreline jurisdiction because of the general lack of streams and wetlands along the lake, improvements to watercourses elsewhere within City limits can impact water quality in Lake Washington and thereby affect the shoreline in Medina. Although the City of Medina shoreline does not contain known salmon spawning habitat, the potential exists to improve salmon habitat through the above actions that address water quality, sedimentation and shoreline habitat. A local resident raises and releases coho fry into Fairweather Creek on an annual basis. In past years the City has provided funding to support this effort. The project involves volunteer education and is intended to supplement the population of native coho salmon in Lake Washington. Attachment C City of Medina Shoreline Restoration Plan 26 Chinook fry entering Lake Washington from the Cedar River and North Lake Washington tributaries typically do not immediately disperse far from the mouth of their natal stream and are largely dependent upon shallow-water habitats in the littoral zone with overhanging vegetation and complex cover (Tabor and Piaskowski 2002; Tabor et al. 2004). The mouths of creeks entering Lake Washington (whether they support salmon spawning or not), as well as undeveloped lakeshore riparian habitats associated with these confluence areas, attract juvenile Chinook salmon and provide important rearing habitat during the critical life stage early in the emigration period (February and March) (Tabor et al. 2004; Tabor et al. 2006). Thus, any improvement to these areas in general is beneficial to the species. As well, later in the spring (May and June), juvenile Chinook are known to be well distributed throughout both limnetic and littoral areas of Lake Washington, and could utilize suitable shoreline habitats along Medina. 5.2.6 Priority 6 – Improve Shoreline Vegetation, Reduce Impervious Coverage Similar to the priority listed above to improve water quality and reduce sediment and pollutant delivery, improved riparian vegetation and reduction in impervious surfaces are emphasized throughout the WRIA 8 Salmon Conservation Plan. There is significant potential to improve shoreline vegetation on the City’s shorelines, primarily on private properties. Increased use of low impact development techniques, including reductions in impervious surface coverage, is likely to take place on both public and private development. The City’s Parks Department should continue to improve shoreline landscapes by incorporating areas of native vegetation. Private development should be encouraged to utilize low impact development techniques such as the planting of native trees and use of porous paving. 5.2.7 Priority 7 – Reduce Aquatic Non-Native Invasive Weeds While not specifically listed in the WRIA 8 Salmon Conservation Plan, reduction of aquatic invasive weeds from Lake Washington, particularly Eurasian water milfoil and white water lily, is of particular concern across many jurisdictions with Lake Washington shoreline. Not only are aquatic weeds a problem for boats and swimmers, but they also tend to reduce dissolved oxygen to lethal levels for fish, hampering foraging opportunities. Long-term control of aquatic non-native invasive plants in Lake Washington will require coordinated inter- jurisdictional collaboration. 5.2.8 Priority 8 – Acquisition of Shoreline Property for Preservation, Restoration, or Enhancement Purposes The City should explore the few remaining opportunities to protect natural areas or other areas with high ecological value or restoration potential via property Attachment C The Watershed Company November 2011 27 acquisition. Although very little natural area exists, four privately owned areas are vacant and presently vegetated. Other purchases would necessarily be of developed property, which would most likely be prohibitively costly. Mechanisms to purchase property would likely include collaboration with other stakeholder groups, including representatives from local government, businesses and the general public in order to develop a prioritized list of actions. Properties throughout the highly developed shoreline could act as a showcase for voluntary restoration actions on surrounding properties. 5.2.9 Priority 9 – City Zoning, Regulatory, and Planning Policies The City should include environmental enhancement projects in its new CIP project list and Parks Plans. The 2006-2011 CIP list included pier enhancements at public parks and stream restoration on Fairweather Creek in coordination with Earth Corps volunteers. CIP projects for 2012-2017 could include educational signage, bioengineering on City parks properties, and planting overhanging vegetation along the shoreline. Many of the City’s regulations and plans have recently been or are presently being updated. Notably, the City’s CAO was updated (May 2005) consistent with the Best Available Science for critical areas, including those within the shoreline area. As noted in the WRIA Implementation Monitoring Report (WRIA 8 2008), both SMP and CAO are highly linked to the implementation of plan recommendations. For the time being, it is generally considered most important to capitalize on this Restoration Plan by focusing on implementing projects consistent with the updated SMP policies and existing plans CAO, NPDES. Unimplemented or unused policies, by themselves, will not improve habitat. As time goes by, further review and potential updating of these policies may increase in priority. Policy-related items in this category as listed in previous sections include Comprehensive Plan Policies (Section 4.2), Critical Areas Regulations (Section 4.3), and Stormwater Planning (Section 4.4), Capital Improvement Plan (Section 4.6), Parks Plan (Section 4.7). The City conducts all of the above at some level already, but significant additional effort may be needed to document activities and to alter or upgrade programs. For example, monitoring of 1) current conditions over time, 2) the effectiveness of recommended best management practices, or 3) the effectiveness of the City programs could provide useful information on which to base future plans and actions. Attachment C City of Medina Shoreline Restoration Plan 28 6 IMPLEMENTATION STRATEGIES With projected budget and staff limitations, the City of Medina is limited in implementing restoration projects or programs on its own. However, regional, local agencies and organizations are active in Medina and the surrounding area. The City’s SMP represents an important vehicle for facilitating and guiding restoration projects and programs in partnership with other government agencies or private and/or non-profit entities. The City can provide cooperation, direction, and leadership to assure that project/program designs meet identified goals. Possible approaches to achieving restoration goals are identified below. 6.1 Voluntary Restoration on Private Properties Grant funding sources may be available for shoreline restoration on multiple contiguous residential lots with interested landowners. Private residents would likely need assistance from the City or another regional partner to help with coordination and grant writing. The Green Shorelines program, a partnership between WRIA 8, the City of Seattle, Ecology, Puget Sound Partnership, and KCD may be able to provide coordination assistance. Restoring shoreline properties that are connected to one another would provide significantly greater benefits than a more piecemeal approach. 6.2 Development Opportunities When shoreline development occurs, the City has the ability to look for opportunities to encourage or facilitate restoration as a companion or parallel to minimum mitigation requirements as part of the SMP. Development may present timing opportunities for restoration that would not otherwise occur and may not be available in the future. Mitigation may also be allowed through the use of a fee-in-lieu-of or exchange of land for “banking” opportunities. In certain cases, on-site mitigation opportunities are limited due to building site constraints, limited potential ecological gains, or other site-specific factors. In these instances, the project proponent could contribute to an off-site restoration site within the immediate sub-basin, as identified by the City Shoreline Administrator in lieu of on-site mitigation. 6.3 Development Incentives Through the SMP, the City may provide development incentives for restoration and public access, including development code incentives (e.g., height, density, impervious area or lot coverage). This may serve to encourage developers to try to be more imaginative or innovative in their development designs to include more access and conservation. Examples include the building of trails, installation of rain gardens or LID features above and beyond DOE Attachment C The Watershed Company November 2011 29 requirements, shared parking, exceeding landscape or open space requirements, or other innovative measures that benefit the environment and the citizenry. 6.4 Tax Relief / Fee System A tax relief/fee system to directly fund shoreline restoration measures may be investigated under the SMP. One possibility is for the City to work with King County to implement a public benefit rating systems or other mechanisms that may be administered by the Counties to encourage private landowners to preserve natural shoreline features for "open space" tax relief. Ecology has published a technical guidance document for local governments who wish to use this tool to improve landowner stewardship of natural resources. A second possibility is a Shoreline Restoration Fund. A chief limitation to implementing restoration is local funding, which is often required as a match for State and federal grant sources. To foster ecological restoration of the City’s shorelines, the City may establish an account that may serve as a source of local match monies for non-profit organizations implementing restoration of the City’s shorelines. Monies drawn from the fund would be used as a local match for restoration grant funds, such as the Salmon Recovery Funding Board (SRFB), Aquatic Lands Enhancement Account (ALEA), King Conservation District grants, or another source. 6.5 Resource Directory Development of a resource list would be helpful in aiding potential partners or property owners who want to be involved in restoration. Examples of grant programs that could be included are: Community Salmon Fund: The Community Salmon Fund has partnered with King County and the King Conservation District to provide matching funds for community based restoration projects that enhance salmonid habitat. Salmon Recovery Funding Board (SRFB) Grant Programs: SRFB administers two grant programs for protection and/or restoration of salmon habitat. Eligible applicants can include municipal subdivisions cities, towns, and counties, or port, conservation districts, utility, park and recreation, and school districts), tribal governments, state agencies, nonprofit organizations, and private landowners. Recreation and Conservation Office (RCO) is a Washington State entity that hosts a variety of grant programs that range from recreation to watershed recovery. Attachment C City of Medina Shoreline Restoration Plan 30 6.6 Volunteer Coordination The City could emphasize and accomplish restoration projects by using community volunteers and coordinating with organizations such as the King Conservation District, Stewardship Partners, Adopt-A-Stream, local churches, Kiwanis, Rotary International, Chamber of Commerce, or Medina School District. The City should strongly encourage the participation of citizens to build a strong sense of stewardship that develops through their investment of time, money or materials in the project. Probably the most important volunteer is the landowner that acts as the steward of the land following the completion of a project. The City could provide ongoing assistance and resources to landowners that need additional plantings, equipment use or other materials to maintain their restoration project. 7 PROPOSED IMPLEMENTATION SCHEDULE AND MONITORING METHODS The City’s shoreline zone is dominated by single-family residences, with some private community holdings, vacant land, Medina Beach Park, and an access easement from View Point Park to a public dock. Therefore, efforts should be made to improve shoreline ecological function through the promotion of restoration and healthy practices at all levels, from large-scale marina users to single-family property owners. Improvement of shoreline ecological functions on the shoreline requires a comprehensive watershed approach, which combines upland and shoreline projects and programs. The following table (Table 2) outlines a possible schedule and funding sources for implementation of a variety of efforts that could improve shoreline ecological function, and are described in previous sections of this report. Table 2. Implementation Schedule and Funding for Restoration Projects, Programs and Plans. Restoration Project/Program Schedule Funding Source or Commitment WRIA 8 Participation and Recovery Plan Implementation Ongoing The City is a member jurisdiction of WRIA 8 and contributes to WRIA 8 administration through an interlocal agreement. Projects will be funded by the City, partnering agencies and non-profit organizations, and grants as projects and funding opportunities arise. Attachment C The Watershed Company November 2011 31 Restoration Project/Program Schedule Funding Source or Commitment Comprehensive Plan Policies Ongoing The City makes a substantial commitment of staff time in the course of project and program reviews to determine consistency and compliance with the recently updated Comprehensive Plan. Critical Areas Regulations Ongoing The City makes a substantial commitment of staff time in the course of project and program reviews to determine consistency and compliance with their recently updated Critical Areas Regulations. Stormwater Planning Ongoing Currently, staff time and materials are the only City resource commitments. The City currently follows its 2009 Stormwater Management Program which implements the City’s Phase II NPDES permit and reports annually to Ecology. The City also is in full compliance with NPDES permit requirements for Phase II cities. Public Education Ongoing Currently, staff time and materials are provided in developing public education and outreach efforts, which are highlighted in the Comprehensive Plan policy statement based on the goal of natural resource protection. These items help guide City staff and local citizen groups in developing mechanisms to educate the public and broaden the interest in protecting and enhancing local environmental resources. Earth Corps Ongoing Currently, staff time and materials to support this group are a part of the City’s resource commitments. The City’s Parks and Recreation Department is an “Agency Partner” with Earth Corps. Recommended Projects Public As funds and opportunity allow Projects would likely be implemented either when grant funds are obtained, when partnerships are formed between the City and other agencies or non-profit groups, or as may be required by the critical areas regulations and the SMP during project-level reviews by the City. Recommended Projects Private Public Education/ Outreach As funds and opportunity allow On-going and future education efforts should be coordinated with the City and partnering agencies, including funding sources (grant funding, monetary donations, volunteer hours) City planning staff will track all land use and development activity, including exemptions, within shoreline jurisdiction, and will incorporate actions and programs of the Parks and Utilities departments as well. A report will be assembled that provides basic project information, including location, permit type issued, project description, impacts, mitigation (if any), and monitoring Attachment C City of Medina Shoreline Restoration Plan 32 outcomes as appropriate. Examples of data categories might include square feet of non-native vegetation removed; square feet of native vegetation planted or maintained; reductions in chemical usage to maintain turf; linear feet of eroding bank stabilized through plantings; linear feet of shoreline armoring removed; or number of fish passage barriers corrected. The report would also update Table 1, above, and outline implementation of various programs and restoration actions by the City or other groups) that relate to watershed health. The staff report will be assembled to coincide with Comprehensive Plan updates and will be used, in light of the goals and objectives of the SMP, to determine whether implementation of the SMP is meeting the basic goal of no net loss of ecological functions relative to the baseline condition established in the Shoreline Analysis Report (The Watershed Company and AHBL 2010). In the long term, the City should be able to demonstrate a net improvement in the City of Medina’s shoreline environment. Attachment C The Watershed Company November 2011 33 8 REFERENCES City of Medina. 2005. City of Medina Comprehensive Plan. City of Medina. 2006. City of Medina Capital Improvement Program. City of Medina. Undated. Medina Parks Long Range Vision and Strategic Planning Document. Available at http://www.medina-wa.gov. Jones & Stokes Associates. 1992. Critical Areas Inventory – Wetlands and fish and wildlife habitat conservation areas – City of Medina. Prepared for McConnell/Burke. Kerwin, J. 2001. Salmon and steelhead habitat limiting factors report for the Cedar- Sammamish Basin (Water Resource Inventory Area 8). Washington Conservation Commission. Olympia, WA. Tabor, R.A. and R.M. Piaskowski. 2002. Nearshore habitat use by juvenile chinook salmon in Lentic systems of the Lake Washington Basin, Annual Report, 2001. U.S. Fish and Wildlife Service, Lacey, WA. Tabor, R.A., H.A. Gearns, C.M. McCoy III, and S. Camacho. 2006. Nearshore habitat use by juvenile Chinook salmon in lentic systems of the Lake Washington Basin, Annual Report, 2003 and 2004. U.S. Fish and Wildlife Service, Lacey, WA. Tabor, R.A., J.A. Schuerer, H.A. Gearns, and E.P. Bixler. 2004. Nearshore habitat use by juvenile Chinook salmon in lentic systems of the Lake Washington basin, annual report, 2002. U.S. Fish and Wildlife Service, Western Washington Fish and Wildlife Office, Lacey, WA. The Watershed Company and AHBL. 2010. Final Shoreline Analysis Report for the City of Medina’s Lake Washington Shoreline. Prepared for City of Medina, Development Services Department. Toft, J.D. 2001. Shoreline and dock modifications in Lake Washington. Prepared for King County Department of Natural Resources. October 2001. SAFS-UW-0106. Washington Department of Ecology. 2007. Washington State Toxics Monitoring Program: Contaminants in Fish Tissue from Freshwater Environments in 2004 and 2005. Publication No. 07-03-024. June 2007. http://www.ecy.wa.gov/pubs/0703024.pdf Washington Department of Transportation. 2010. Updated Environmental Assessment: SR 520 Bridge Replacement and HOV Program. Attachment C City of Medina Shoreline Restoration Plan 34 WRIA 8 Steering Committee. 2002. Lake Washington/Cedar/Sammamish Watershed WRIA) Near-Term Action Agenda For Salmon Habitat Conservation. August, 2002. http://dnr.metrokc.gov/wrias/8/near-term-action-agenda.htm. WRIA 8 Steering Committee. 2005. Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan. July 2005. Attachment C The Watershed Company November 2011 35 9 LIST OF A CRONYMS AND ABBREVIATIONS CAO critical areas ordinance CIP ............................... Capital Investment Program GMA ............................ Growth Management Act LID ............................... low impact development NPDES ......................... National Pollutant Discharge Elimination System OHWM ........................ ordinary high water mark PHS .............................. Priority Habitats and Species SMA ............................. Shoreline Management Act SMP .............................. Shoreline Master Program WDFW ......................... Washington Department of Fish and Wildlife WRIA ........................... Water Resource Inventory Area WSDOT ....................... Washington State Department of Transportation Attachment C Attachment C The Watershed Company November 2011 A PPENDIX A City of Medina letter of support for the WRIA 8 Chinook Salmon Conservation Plan Attachment C Attachment C Attachment C Attachment C