HomeMy WebLinkAbout05-14-2012 - Agenda PacketMEDINA, WASHINGTON
MEDINA CITY COUNCIL
REGULAR MEETING AGENDA
Medina City Hall, Council Chambers
501 Evergreen Point Road, Medina
MONDAY, MAY 14, 2012
6:30 PM
MAYOR CITY MANAGER
MICHAEL LUIS DONNA HANSON
DEPUTY MAYOR
CITY ATTORNEY
KATIE PHELPS
BRUCE DISEND
COUNCIL MEMBERS
CITY CLERK
PATRICK BOYD
RACHEL BAKER
JAY DECKER
DOUG DICHARRY
DAVID LEE
JANIE LEE
REGULAR MEETING 6:30 PM
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
PUBLIC COMMENT PERIOD
At this time, citizens may address the City Council regarding any issue related to city business, excluding
public hearings. To ensure equal opportunity for the public to comment, a speaker's comments shall be
limited to three minutes per person, per meeting. Those who have service requests or complaints are
encouraged to first bring such matters to the city manager for prompt attention and resolution.
Council meetings are business meetings where City Council may hear from residents and take action on
official City business. In order to accomplish all the business on the agenda and be respectful of
everyone's time, Council Members will not be able to engage in dialogue with individual members of the
audience.
REPORTS AND ANNOUNCEMENTS
RA-1: Mayor
RA-2: Council
RA-3: Advisory Boards/Commissions/Committees
RA-4: City Manager, Staff
Medina City Hall 1 501 Evergreen Point Road I PO Box 144 1 Medina, WA 98039
425-233-6400 1 www.medina-wa.gov
CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a council member.
CA-1: Approval of April 9, 2012 City Council Regular Meeting Minutes
CA-2: Approval of April 23, 2012 City Council Special Meeting Minutes
CA-3: Approval of April, 2012 Check Register
CA-4: Approval of Hunts Point Police Services Contract
CA-5: Appointment of Patrick Halcomb to the Planning Commission, Position 3
CA-6: Approval of Contract Amendment 2 with The Watershed Company, SMP Consultants
CA-7: Receipt of Approved March 27, 2012 Planning Commission Meeting Minutes
CA-8: Receipt of Approved April 3, 2012 Planning Commission Meeting Minutes
PUBLIC HEARING / OTHER BUSINESS
PH-1: Shoreline Master Plan Public Hearing and Ordinance
OB-1: Ordinance Related to Shoreline Master Plan
OTHER BUSINESS
OB-2: Authorize Funding and Installation of 84th Avenue Northeast Gravel Path
OB-3: Contract Award for Crack Seal on Overlake Drive
OB-4: Draft Six -Year CIP/TIP/Shop Study/Coach Discussion
OB-5: Authorize Phase II Surveillance Cameras Call for Bids
OB-6: City Council Agenda Calendar
PUBLIC COMMENT
Comment period limited to ten minutes. Speaker comments limited to one minute per person.
ADJOURNMENT
Next Regular Meeting: Monday, June 11, 2012; 6:30 pm
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Medina City Council May 14, 2012 Page 2 of 2
ITEM RA-4
CITY OF MEDINA
Office of the City Manager
Date May 14, 2012
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: City Manager Report
City Council has already received most of this information, but for the benefit of the public,
I will include the information here as well.
1. Shredder day was a huge success. The event was organized by Linda Crum in the
Police Department and she will provide more details in the Police report. Six tons of
documents were shredded and 50 pounds of prescription medications accepted. Chief
Thomas served as the sworn officer on duty to collect the unused drugs. The
volunteer for the Eastside Domestic Violence Program collected cell phones to recycle
and cash donations. Participants encouraged us to continue this service.
2. We have an agreement for milfoil treatment on Lake Washington waterfront with
AquaTechnix. The application to apply herbicides was prepared and sent to DOE.
Notices of the permit application were sent to Medina waterfront property owners.
There has been a positive response to the notice. Milfoil treatment of the private
property will be at the expense of the homeowner. AquaTechnix will also be sampling
the water quality of the Medina Park ponds to determine treatment alternatives.
3. Eastside Corridor Constructors will be performing full nighttime closures of SR 520. A
nighttime closure of the eastbound lanes of SR 520 will be performed Tuesday May
22"dand Wednesday May 23`dfrom 11:00 PM to 5:00 AM. A nighttime closure of the
westbound lanes of SR 520 will be performed Wednesday May 301h from 11:00 PM to
5:00 AM. The closures will be utilized to perform utility work prior to the full weekend
closure on June 1st to June 41h.
4. Building Permit applications are on the rise to the point that we now have a backlog.
In order to issue permits on a timely bases we are working on a solution to bring in
temporary help to reduce the wait time. Also to add to the workload of the
Development Services Department, Kristen Kissinger, our planning consultant, has left
Otak for a new opportunity. She has done a great job and will be missed. While Otak
recruits for the position Robert Grumbach will be taking on land use reviews of project
permits until a new person is found. Otak has indicated they want to have a new
person hired within the next six weeks. Robert will provide more detailed information.
5. Paving on the 841h Ave NE project has been delayed by the rain. Hopefully this week
will provide the dry weather we need to complete the project. The dry stack stone walls
are being installed as a landscape element. There may also be some safety and
sound benefits.
6. Our new black and white patrol car is now in service on city streets.
CITY OF MEDINA
501 EVERGREEN POINT ROAD I PO BOX 144 1 MEDINA WA 98039-0144
TELEPHONE 425-233-6400 1 www.medina-wa.gov
May 9, 2012
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Rachel Baker, Central Services
Subject: Central Services Department Monthly Report
MAY & JUNE PUBLIC MEETINGS AND EVENTS
Event
ITEM RA-4
Date Time Location
Medina City Council Meeting
May 14
6:30 pm
Medina City Hall
Medina Hearing Examiner
May 16
5:30 pm
Medina City Hall
Medina Emergency Committee Meeting
May 16
7:00 pm
Medina City Hall
Medina Park Board Meeting
May 21
6:00 pm
Medina City Hall
Medina Planning Commission Meeting
May 22
6:00 pm
Medina City Hall
Memorial Day Observed, City Hall Closed
May 28
Medina City Council
June 11
6:30 pm
Medina City Hall
Medina Park Board
June 18
6:00 pm
Medina City Hall
Medina Hearing Examiner
June 20
5:30 pm
Medina City Hall
Medina City Council
June 25
6:30 pm
Medina City Hall
Medina Planning Commission
June 26
6:00 pm
Medina City Hall
Meetings are publicly noticed on the City's three official notice boards, City website, and via
Govdelivery. Occasionally notices require publication in the City's official newspaper, The Seattle
Times. Public meetings scheduled after publication of this report can be found on the City's website.
COMMUNICATION TO OUR COMMUNITY
E-Notice Program: During the month of April, the City issued 21 bulletins amounting to a total of
5,570 bulletins delivered to subscribers in which the open rate was 25%. State Route 520 and
community event -related bulletins were most popular, followed by agenda packet notices for city
council, planning commission and park board.
Postcards: In April, Council's "May 2012" postcard was mailed to the community and posted on the
City's website. Unfortunately mailing was delayed by the vendor and it didn't reach mailboxes until
Saturday, 4/28. E-lerts and Govdelivery notices were timely sent to residents notifying them of the
4/28 Shredder/Drug Take Back Day which proved to be successful and well -attended nonetheless.
VOLUNTEER SERVICE OPPORTUNITIES
Upcoming 2012 Board and Commission Vacancies: Applications are still being accepted for the
following: Planning Commission, Position 6 (Term: 7-01-2012 to 6-30-16) and Park Board, Position
6 (Term: 7-01-2012 to 6-30-16).
ITEM RA-4
PUBLIC RECORDS REQUESTS
As of May 9, 76 public records requests have been received by central services during 2012.Of
these, four remain open and the City is responding in installments. Staff continues to respond in
regular installments to pending 2011 requests which are broad and complex in scope.
PASSPORTS
During the month of April, 30 passport applications were processed at City Hall. A total of 133
have been processed during 2012.
"SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX!
Visit www.medina-wa.gov and click on E-Notice Program.
ITEM RA-4
MEDINA POLICE DEPARTMENT
Mark Thomas, Chief of Police
1p
Monthly Activity Report
City of Medina
2012
Felony Crimes
April
YTD YTD
Year End
2012
2012 2011
2011
Assault, Aggravated
0
0 0
0
Robbery
0
0 0
0
Sexual Assault/Rape
0
0 0
0
Burglary (inc Attempt)
1
2 1
9
Drug Violations
0
0 0
0
Fraud (ID Theft)
2
8 7
15
Vehicle Prowl
0
2 3
10
Theft (over $750)
0
0 2
6
Malicious Mischief
0
0 0
3
Arson
0
0 0
0
Auto Theft (inc Recovery)
0
1 1
2
Poss Stolen Property
0
0 0
0
Other
0
0 0
0
TOTAL
3
13 14
45
Misdeameanor
April
YTD YTD
Year End
Crimes
2012
2012 2011
2011
Assault, Simple
1
1 0
0
Malicious Mischief
0
3 0
9
Vehicle Prowl
1
4 3
14
Theft (Under $750)
0
0 2
11
Domestic Violence
0
0 1
2
Minor in Possession
0
0 0
0
Drug Violations
0
1 1
6
Poss Stolen Property
0
0 0
0
Total
2
9 7
42
Page 1
ITEM RA-4
MEDINA POLICE DEPARTMENT
Mark Thomas, Chief of Police
qP
YEARLY ACTIVITY REPORT
City of Medina
2012
Felony Crimes
Jan
Feb
Mar
Apr May Jun Jul Aug Sept Oct Nov Dec
Total
Assault, Aggravated
0
0
0
0
0
Robbery
0
0
0
0
0
Sexual Assault/Rape
0
0
0
0
0
Burglary (inc Attempt)
0
0
1
1
2
Drug Violations
0
0
0
0
0
Fraud (ID Theft)
0
3
3
2
8
Vehicle Prowl
0
1
1
0
2
Theft (over $750)
0
0
0
0
0
Malicious Mischief
0
0
0
0
0
Arson
0
0
0
0
0
Auto/Boat Theft
1
0
0
0
1
Poss Stolen Property
0
0
0
0
0
Other
0
0
0
0
0
TOTAL
1
4
5
3 0 0 0 0 0 0 0 0
13
Misdeameanor
Crimes
Jan
Feb
Mar
Apr
May Jun Jul Aug Sept Oct Nov Dec Total
Assault, Simple
0
0
0
1
1
Malicious Mischief
2
1
0
0
3
Vehicle Prowl
0
3
0
1
4
Theft (Under $750)
0
0
0
0
0
Domestic Violence
0
0
0
0
0
Minor in Possession
0
0
0
0
0
Drug Violations
0
0
1
0
1
Poss Stolen Property
0
0
0
0
0
Total
7
4
1
2
0 0 0 0 0 0 0 0 9
Page 2
ITEM RA-4
MEDINA POLICE DEPARTMENT
40
Mark Thomas, Chief of Police
Monthly Activity Report
City of Medina
2012
Traffic
April
YTD
YTD
Year End
ACCIDENTS
2012
2012
2011
2011
Injury
0
0
0
0
Non -Injury
0
4
4
19
TOTAL
0
4
4
19
Traffic
April
YTD
YTD
Year End
CITATIONS
2012
2012
2011
2011
Driving Under Influence
0
5
6
13
*Other
4
12
18
35
Total
4
17
24
48
Traffic
April
YTD
YTD
Year End
INFRACTIONS
2012
2012
2011
2011
Speeding
24
95
77
189
Parking
4
39
13
95
**Other
5
38
42
121
Total
33
172
132
405
April
YTD
YTD
Year End
WARNINGS
2012
2012
2011
2011
Total
60
248
275
833
April
YTD
YTD
Year End
CALLS FOR SERVICE
2012
2012
2011
2011
House Watch
36
108
120
333
False Alarms
34
103
114
357
Assists
26
130
76
304
Suspicious Circumstances
10
49
30
115
Property-Found/Lost
3
8
2
10
Animal Complaints
1
4
5
25
Missing Person
0
0
0
1
Warrant Arrests
2
5
7
29
***Other
1
4
1
16
Total
113
411
355
1190
*DWLS; Fail to Transfer Title; No License
**Expired Tabs; No insurance; Fail
to stop; Defective Equipment
***Verbal Domestic; Vandalism; Civil Dispute; Disturbance; Death Investigations
Page 3
ITEM RA-4
Ll
Traffic
Accidents
Injury
Non -Injury
TOTAL
Traffic
Citations
Driving Under Influence
Other
Total
Traffic
Infractions
Speeding
Parking
Other
Total
Warnings
Total
MEDINA POLICE DEPARTMENT
Mark Thomas, Chief of Police
YEARLY ACTIVITY REPORT
City of Medina
2012
Jan
Feb
Mar Apr
May
Jun
Jul
Aug Sep
Oct
Nov
Dec
Total
0
0
0 0
0
1
1
2 0
4
1
1
2 0
0
0
0
0 0
0
0
0
4
Jan
Feb
Mar Apr
May
Jun
Jul
Aug Sep
Oct
Nov
Dec
Total
1
2
2 0
5
2
2
4 4
12
3
4
6 4
0
0
0
0 0
0
0
0
17
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
30
24
17
24
95
7
12
16
4
39
13
10
10
5
38
50
46
43
33 0 0 0 0 0 0 0 0
172
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
68 69 51 60 248
Calls for Service Jan
House Watch
23
False Alarms
30
Assists
29
Suspicious Circumstance.
12
Property-Found/Lost
1
Animal Complaints
2
Missing Person
0
Warrant Arrests
2
Other
1
Total
100
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
24
25
36
108
17
22
34
103
38
37
26
130
14
13
10
49
2
2
3
8
1
0
1
4
0
0
0
0
0
1
2
5
1
1
1
4
97
101
113 0 0 0 0 0 0 0 0
411
Page 4
I r94IT, I.IT-M17
MEDINA POLICE DEPARTMENT
Mark Thomas, Chief of Police
Monthly Activity Report
Town of Hunts Point
2012
Felony Crimes
April
YTD
YTD
Year End
2012
2012
2011
2011
Burglary
0
1
1
3
Forgery (Identity Theft)
0
0
0
0
Vehicle Prowl
0
0
0
1
Theft (over $750)
0
0
0
0
Possession Stolen Prop
0
0
0
0
Drug Violation
0
0
0
0
Auto/Boat Theft
0
0
0
1
TOTAL
0
1
1
5
Misdeameanor
April
YTD
YTD
Year End
Crimes
2012
2012
2011
2011
Assault, Simple
0
0
0
0
Malicious Mischief
0
0
0
0
Vehicle Prowl
0
0
0
4
Theft (Under $750)
0
0
0
0
Possession Stolen Prop
0
0
0
0
Domestic Violence
0
0
0
0
Minor in Possession
0
0
0
0
Drug Violations
0
0
1
2
Total
0
0
1
6
Page 5
ITEM RA-4
MEDINA POLICE DEPARTMENT
Town of Mark Thomas, Chief of Police
Hunts Point Yearly Activity Report
Town of Hunts Point
2012
Felony Crimes
Jan
Feb
Mar
Apr May Jun Jul Aug Sept Oct Nov
Dec Total
Burglary
0
0
1
0
1
Forgery (Identity)
0
0
0
0
0
Vehicle Prowl
0
0
0
0
0
Theft (over $750)
0
0
0
0
0
Poss Stolen Prop
0
0
0
0
0
Drug Violation
0
0
0
0
0
Auto/Boat Theft
0
0
0
0
0
TOTAL
0
0
1
0 0 0 0 0 0 0 0
0 1
Misdeameanor
Crimes
Jan
Feb
Mar
Apr May
Jun Jul Aug Sept Oct Nov Dec Total
Assault, Simple
0
0
0
0
0
Malicious Mischief
0
0
0
0
0
Vehicle Prowl
0
0
0
0
0
Theft (Under $750)
0
0
0
0
0
Poss Stolen Prop
0
0
0
0
0
Domestic Violence
0
0
0
0
0
Minor in Possession
0
0
0
0
0
Drug Violations
0
0
0
0
0
Total
0
0
0
0 0
0 0 0 0 0 0 0 0
Page 6
ITEM RA-4
MEDINA POLICE DEPARTMENT
Towel Mark Thomas, Chief of Police
HUMS Point Monthly Activity Report
Hunts Point
2012
Traffic
April
YTD,
YTD
Year End
CITATIONS
2012
2012
2011
2011
Driving Under Influence
0
0
3
2
Accidents
0
0
0
3
*Other
0
1
8
19
Total
0
1
11
24
Traffic
April
YTD
YTD
Year End
INFRACTIONS
2012
2012
2011
2011
Speeding
0
0
1
1
Parking
0
0
0
3
**Other
4
11
27
89
Total
4
11
28
93
April
YTD
YTD
Year End
WARNINGS
2012
2012
2011
2011
Total
10
30
55
164
April
YTD
YTD
Year End
CALLS FOR SERVICE
2012
2012
2011
2011
House Watch
2
11
3
20
False Alarms
12
37
16
55
Assists
3
16
8
24
Suspicious Circumstances
8
16
5
11
Property-Lost/Found
0
0
0
1
Animal Complaints
0
0
1
1
Missing Person
0
0
0
0
Warrant Arrests
0
0
1
1
***Other
1
1
0
0
Total
26
81
34
113
*DWLS; Fail to Transfer Title;No
License
**Expired Tabs; No insurance;Fail to
stop;Defective Equipment
***Verbal Domestic; Harassment; Civil Dispute;Trespass
Page 7
ITEM RA-4
MEDINA POLICE DEPARTMENT
Town of Mark Thomas, Chief of Police
HUMS P011it YEARLY ACTIVITY REPORT
HUNTS POINT
2012
Traffic
Citations
Jan
Feb
Mar
Apr May Jun
Jul Aug Sep Oct Nov Dec Total
Driving Under Influence
0
0
0
0
0
Accidents
0
0
0
0
0
Other
1
0
0
0
1
Total
1
0
0
0 0 0
0 0 0 0 0 0 1
Traffic
Infractions
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
Speeding
0
0
0
0
0
Parking
0
0
0
0
0
Other
4
3
0
4
11
Total
4
3
0
4
0
0
0
0
0
0
0
0
11
Warnings
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
Total
8
3
9
10
30
Calls for Service
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
House Watch
0
6
3
2
11
False Alarms
7
9
9
12
37
Assists
4
4
5
3
16
Suspicious Circumstances
3
4
1
8
16
Property-Lost/Found
0
0
0
0
0
Animal Complaints
0
0
0
0
0
Missing Person
0
0
0
0
0
Warrant Arrests
0
0
0
0
0
Other
0
0
0
1
1
Total
14
23
18
26
0
0
0
0
0
0
0
0
81
Page 8
ITEM RA-4
MEDINA POLICE DEPARTMENT
Mark Thomas, Chief of Police
MONTHLY SUMMARY
APRIL, 2012
FELONY CRIMES
Fraud (ID Theft) 2012-0001043 04/10/12
1700 Evergreen Point Rd
Victim reported while attempting to file his income tax return, he was told someone had
used his name and social security number to file a tax return.
Burglary 2012-0001059 04/12/12
2400 block of 80`h Ave NE
E-lert #12-09
On April 12a' between 0830-1730 hours, a house in the 2400 block of 80`b Ave NE was
broken into. The thieves forced their way in through a rear door and then stole
approximately $10,000 worth of items.
Fraud (ID Theft) 2012-0001064 04/13/12
7800 block of NE 121h St
Victim received a message from Medina Police her credit card receipts were recovered
by Bellevue Police. The credit card was still in victim's possession, and the account
number was manually entered. Further investigation will be by the Bellevue Police.
Assault (Simple) 2012-0000974 04/04/12
7600 block of 14`h Street
Medina officers responded to a report that a juvenile had been struck as form of
discipline. Officers investigated the incident and advised both parties to contact police if
there are any further incidents.
Vehicle Prowl (Theft) 2012-0001190 04/24/12
2400 block of 79`h Ave NE
Between 11:00 pm on 4/23/12 and 2:30 am on 4/24/12, unknown subject(s) entered an
unlocked vehicle and took a set of golf clubs and $5 cash inside the vehicle. No damage
to the vehicle. Total loss: $305
Suspicious Circumstances 2012-0001005 04/06/12
8200 block of NE 8t" St (Medina Elementary School)
Between 3:30 pm and 4:00 pm, an Asian male in his forty's driving a van approached a
couple of students while walking and asked them if they needed a ride home. One of the
students reported the incident to their parents. Further investigation determined it was
just a friendly offer as the man thought they were neighbors and soon realized he was
mistaken.
ITEM RA-4
TOWN OF HUNTS POINT
Mark Thomas, Chief of Police
MONTHLY SUMMARY
APRIL, 2012
FELONY CRIMES
No Felony incidents occurred during the month of April.
MISDEMEANOR CRIMES
No misdemeanor incidents occurred during the month of April.
OTHER
Harassment 2012-0001101 04/17/12
3000 BLK Fairweather PI
Victim was receiving harassing text messages from a known subject causing her to fear
for her safety. The victim was advised to pursue an anti -harassment order.
ITEM RA-4
CITY OF MEDINA
Office of the City Manager
May 14, 2012
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Robert J. Grumbach, AICP, Director of Development Services
Subject: Monthly Development Services Department Report
Planning Commission Meeting Recap:
April 3: The Planning Commission held a special meeting to conduct tailored
construction mitigation plan hearings.
The first hearing (File: No. CMP 12-005) was for construction of new single-family
dwelling and the movement of about 2,980 cubic yards of earth. The address is
538 Overlake Drive East. There was no public testimony. After deliberating, the
Planning Commission approved the application subject to conditions.
The second hearing (File: No. C-3088) was for construction of a large addition to a
single-family house, a new swimming pool, spa and cabana. The address is 1403
Evergreen Point Road. Up to 587 cubic yards of grading is anticipated. There
was no public testimony. After deliberating, the Planning Commission approved
the application subject to conditions.
April 24: The Planning Commission held a consolidated public hearing for a
construction mitigation plan and site plan review (File No. CMP 12-006 and SPR
PL 12-012) involving waterfront property at 8925 Groat Point. The proposal is to
demolish the existing home and construct a new single-family residence, retaining
walls, swimming pool, and spa. The project will also remove approximately 440
lineal feet of bulkhead and restore 125 lineal feet of beach. There was no public
testimony. After deliberating, the Planning Commission approved the application
subject to conditions.
The first business item was Joe Willis introducing a comprehensive plan
amendment to create a park plan that will be embedded in the City's
comprehensive plan. The amendment was developed by the Park Board after
several public meetings and an open house. After introducing the proposal and
answering questions from the commissioners, the Planning Commission agreed to
schedule the amendment for a public hearing at their May regular meeting.
Next item on the agenda was a staff briefing to reintroduce the comprehensive
zoning code update. The project was last discussed in early 2011 and placed on
ITEM RA-4
hold due to work on the shoreline master program. Grumbach provided a short
summary to the commissioners.
The final item on the agenda was a quick briefing on the City Council's direction on
the tree code. Grumbach provided a summary of the council's direction and noted
that the item will be further discussed by the council in June.
Hearing Examiner Decisions:
There were no public hearings in April.
Land Use Administrative Decisions:
• A Determination of Nonsignificance was issued for Schlotfeldt. The proposal is
to install two boatlifts. The address is 3615 Evergreen Point Road.
Land Use Decisions Issued For 2012:
Type of Decision
Variances/ Minor Deviations
SEPA
Conditional Uses/ Special Uses
Substantial Development Permit
Lot Line Adjustments
Short Subdivisions
Site Plan Reviews
Wireless Facilities
Land Use Applications Received in March:
Case Number
PL-12-028
PL-12-027
PL-12-029
PL-12-030
PL-12-026
Description of Permit
SEPA
Site Plan Review
SEPA
Shoreline Exemption
2012 YTD
3
7
2
4
0
0
1
1
Location
321 82"d Avenue N.E.
8315 Overlake Dr. W.
Temporary Use Permit for a Fairweather Park
a wireless communication facility
Building/ ROW Permit Applications Received — April 1 to April 30:
Building Permits:
7
Grading/ Drainage
2
Demolition Permits:
0
Fence:
0
Mechanical:
6
Reroof:
0
Right-of-way Permits
9
Total:
:24
Building Permits Issued in March 2012: See Attached.
2
ITEM RA-4
Other Items of Interest:
1. The Building Official has indicated that we have about a two -month backlog on
building plan reviews. This includes Clyde Hill permits. The City Manager and
staff are working with Clyde Hill to find a solution to clear the backlog by
bringing in temporary help with plan reviews.
2. Our planning consultant, Otak, lost Kristen Kissinger to another company.
Kristen has been processing Medina permits for more than four years and did a
great job. The consultant did not have an adequate backup plan with her
leaving so the permit reviews are being shifted back in-house while a new
person is found as Kristen's replacement. Otak has indicated they hope to find
a person within the next five weeks. Until a new person is found and trained,
most of the legislative projects such as the comprehensive zoning code update
will need to be dropped in priority due to a shortage of staff resources. The two
exceptions to the drop in priority include the shoreline master program and the
park plan.
ki
ITEM RA-4
Permit Report
March, 2012
2012
2011
Current
Current
2012
2011
Month
Month
YTD
YTD
Difference
Construction Value
New Construction
1,922,655
0
8,092,903
0
$8,092,903
Permit Renewals
0
3,980,882
0
3,980,882
($3,980,882)
Addition/Alteration
150,000
258,500
500,000
1,640,468
($1,140,468)
Accessory Structure
0
0
0
140,000
($140,000)
Repair / Replace
60,000
169,500
60,000
169,500
($109,500)
Fence/Wall
8,896
21,400
8,896
41,400
($32,504)
Mechanical
N/A
N/A
N/A
N/A
N/A
Fire Sprinkler
0
20,000
13,925
29,700
($15,775)
Wireless Comm Facility
0
0
0
0
$0
OTAL VALUE
2,141,551
4,450,282
8,675,724
6,001,950
2,673,774
Permits Issued
New Construction
1
0
3
0
3
Permit Renewals
0
14
2
14
(12)
Addition / Alteration
1
2
2
5
(3)
Accessory Structure
0
0
0
2
(2)
Fence/Wall
2
2
2
3
(1)
Demolition
0
0
2
2
0
Grading/Drainage
1
0
4
1
3
Tree Mitigation
3
0
5
1
4
Mechanical
3
4
8
11
(3)
Fire Sprinkler
0
1
2
2
0
Other - Moving
0
0
0
0
0
Reroof
0
0
0
0
0
Repair / Replace
1
3
1
3
(2)
Right -of -Way Use
2
9
17
18
(1)
Construction Mitigation
1
1
3
3
0
Wireless Comm Facility
1 0
1 0
0
0
0
TOTAL PERMITS
15
36
51
65
(14)
Inspections
Building
19
35
78
108
(30)
Construction Mitigation
1
9
14
15
(1)
Grading/Drainage
8
4
24
12
12
Tree Mitigation
5
2
30
4
26
Right -of -Way
12
9
20
31
(11)
OTAL INSPECTIONS
45
59
166
170
(4)
CITY OF MEDINA
501 EVERGREEN POINT ROAD I PO BOX 144 ( MEDINA WA 98039-0144
TELEPHONE 425-233-6400 1 www.medina-wa.gov
May 2, 2012
ITEM RA-4
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Joe Willis Sr., Director of Public Works
Subject: April 2012 Report
SR 520
The SR 520 Design -Build Contractor, Eastside Corridor Constructors (ECC), continues to work on
the Evergreen lid structure and the 841h Ave NE lid structure. The freeway closure in April allowed
the setting of 44 new bridge girders.
Evergreen Point Road Lid
Park Board
The draft Parks & Open Spaces update element to the City Comprehensive Plan was presented to
the Planning Commission on April 24`h by the Director of Public Works. The Commission reviewed
the draft documents and asked several questions that were answered by the Director. A Public
Hearing on the plan is scheduled for June 19`h
Arbor Day was celebrated this year on April 71h with the planting of a tree by the Children's
Playground in Medina Park following the Easter Egg Hunt hosted by the Park Board. The event was
attended by Park Board members and a number of children. Thank you to the Park Board for their
efforts and contributions to the community.
ITEM RA-4
Members of the Park Board Arbor Day 2012
Public Works
Ken Evjen on the Public Works crew prepared the site and assisted with the Arbor Day tree
planting in Medina Park.
The crew trimmed the Hawthorne trees along the golf course frontage of 841h Ave NE to provide
more room for walkers along the street edge as construction on the street continues.
The Services Agreement for the treatment of milfoil along the Lake Washington frontage was
signed and AuquaTechnex completed the permit application to DOE. The application was signed
by the Director of Public Works and forwarded to DOE for approval. Notices were mailed to every
waterfront owner with a request to contact the City if they would like their lake frontage treated.
ITEM RA-4
North Pond Medina Park
AquaTechnix signed the services agreement for the water quality improvement project for the
Medina Park ponds. Water and sediment samples were taken and forwarded to the lab for
analysis. Once the results are obtained, treatment alternatives can be determined.
Capital Improvement Program
The draft 6-year CIP/TIP was prepared by the Director of Public Works. It will be presented to the
Council on May 141h
ITEM RA-4
841h Ave NE Median Construction
The 84th Ave NE Boulevard Improvement Project that started on March 26th proceeded with the
pavement repairs, edge grinding, planter median pavement removal, irrigation system
installation, street tree planting, and accent dry stacked stone wall construction. Watson Asphalt
Paving Company will be paving the two sides of the street in early May to be followed with the
median curb construction. The northbound detouring of traffic has allowed the project to move
forward at a faster pace so that the end of May now appears to be the project completion date.
Dry Stacked Accent Stone Wall
IP SIGN UP FOR MEDINA E-NOTICES.
RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX!
Visit www.medina-wa.eov and click on E-Notice Program.
ITEM CA-1
DRAFT
MEDINA CITY COUNCIL
REGULAR MEETING MINUTES
Medina City Hall, Council Chambers
501 Evergreen Point Road, Medina
Monday, April 9, 2012; 6:30 pm
CALL TO ORDER
Mayor Luis called the April 9, 2012 Regular Meeting of the Medina City Council to order at
6:30 pm.
ROLL CALL
Council Members Present: Jay Decker, Doug Dicharry, David Lee, Michael Luis,
and Katie Phelps
Council Members Absent: Patrick Boyd (excused) and Janie Lee (excused)
City Staff Present: Donna Hanson, City Manager; Bruce Disend, City Attorney,
Kenyon Disend; Mark Thomas, Police Chief; Robert Grumbach,
Development Services Director; Joe Willis, Public Works
Director; and Rachel Baker, City Clerk
Motion to excuse absences of Patrick Boyd and Janie Lee presented by council member
Dicharry and seconded by council member Decker. Motion carried 5-0 at 6.30 pm.
Mayor led members of the audience, council members, and staff in the Pledge of
Allegiance.
APPROVAL OF MEETING AGENDA
Council member Phelps requested to pull item "Approval of Professional Services
Agreement for Aquatic Weed Control" from the consent agenda for discussion under other
business.
MOTION DICHARRY AND SECOND PHELPS TO APPROVE AGENDA AS
AMENDED AND MOTION CARRIED 5-0 BOYD AND J. LEE ABSENT AT 6:32 PM.
PUBLIC COMMENT
Mayor read guidelines concerning public comment period and opened floor to public
comment at 6:33 pm. No comments were offered and the mayor subsequently closed
comment period.
REPORTS AND ANNOUNCEMENTS
Luis summarized Army Corps of Engineers findings related to the Locks. D. Lee attended
PSRC meeting and recommended visiting its website.
ITEM CA-1
DRAFT
Kay Koelemay noted emergency committee met and watched a Map Your Neighborhood
film and the radio group was active in an exercise involving regional EOCs.
Grumbach briefed council on status of State Route 520 view platform and sound wall,
noting designs are conditional upon permit approval process and are in WSDOT's
purview.
Council member Phelps thanked public works staff for Arbor Days celebration and park
board for organizing Easter egg hunt. She requested 84 Avenue Northeast pathway
discussion regarding gravel versus asphalt alternatives and associated budget options on
May agenda.
CONSENT AGENDA
MOTION DECKER AND SECOND DICHARRY TO ADOPT CONSENT AGENDA AS
MODIFIED AND MOTION CARRIED 5-0 (BOYD AND J. LEE ABSENT) AT 6:49 PM.
- Approval of March 12, 2012 City Council Special and Regular Meeting Minutes
- Approval of March 26, 2012 City Council Special Meeting Minutes
- Approval of March, 2012 Check Register
- Approval of 2012 Council Strategic Goals
- Approval of Arbor Day Proclamation
- Approval of Agreement with King County Conservation District for Funding of Medina Park Ponds
Water Quality Program
- Approval of Professional Services Agreement for Medina Park Ponds Water Quality
- Approval of Ordinance Clarifying Exemption of a Fence from a Building Permit
- Receipt of Approved February 16, 2012 Emergency Committee Meeting Minutes
- Receipt of Approved February 28, 2012 Planning Commission Meeting Minutes
OTHER BUSINESS
Approval of Professional Services Agreement for Aquatic Weed Control (6.49 pm)
Public works director answered questions about program.
MOTION PHELPS AND SECOND DICHARRY TO APPROVE EXPENDITURE OF
$2,750 TO APPLY FOR PERMIT COVERAGE TO APPLY AQUATIC WEED
TREATMENT OF LAKE WASHINGTON FRONTAGE WITHIN MEDINA. MOTION
CARRIED 5-0 BOYD AND J. LEEABSENT AT 6:53 PM.
Park and Gateway Signs (6:54 pm)
Public works director provided staff report.
DICHARRY MOTION AND PHELPS SECOND TO AUTHORIZE THE CITY MANAGER
TO NEGOTIATE AND SIGN A CONTRACT WITH PLUMB SIGNS FOR STREET AND
PARK GATEWAY SIGNS BASED ON THEIR REVISED DESIGN AND COST
PROPOSAL, AND TO AUTHORIZE FIVE SIGNS AND TO INCREASE EXPENDITURE
TO $2,900. MOTION CARRIED 5-0 (BOYD AND J. LEE ABSENT) AT 7:02 PM
City Council Minutes April 9, 2012
Page 2
ITEM CA-1
DRAFT
Phelps motioned to amend motion to authorize purchase of five signs instead of four and
to increase dollar expenditure to $2,900 instead of $2,600. D. Lee seconded amendment
and motion carried 5-0 (Boyd and J. Lee absent) at 7:02 pm.
City Council Agenda Calendar (7.02 pm)
Council discussed holding discussions on shoreline master plan and tree code updates
during its April 23 study session and on May 14 discussion pertaining to six -year CIP/TIP,
84 Avenue Northeast pathway and potential action, and possible public hearing for
shoreline master plan.
PUBLIC COMMENT
Mayor opened public comment period at 7:04 pm.
Medina resident Mark Nelson said he is on urban design task force for SR 520 Bridge and
commented he will be sending letter to WSDOT to consider glass noise walls on bridge.
Public comment period closed at 7:05 pm.
Mayor recessed meeting for a break at 7:05 pm then resumed meeting into a study
session at 7:11 pm.
STUDY SESSION
Discussion of Shoreline Master Program (7.11 pm)
Grumbach led shoreline master program discussion.
ADJOURNMENT
MOTION DICHARRY AND SECOND PHELPS TO ADJOURN THE APRIL 9, 2012
REGULAR MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 5-0
(BOYD AND J. LEE ABSENT) AT 8:04 PM.
The April 9, 2012 Regular Meeting of the Medina City Council adjourned at 8:04 pm.
The Medina City Council will hold its next Regular Meeting on Monday, May 14, 2012, at
6:30 pm in the Council Chambers at Medina City Hall, 501 Evergreen Point Road, Medina.
Michael Luis, Mayor Attest:
Rachel Baker, City Clerk
City Council Minutes April 9, 2012
Page 3
ITEM CA-2
DRAFT
MEDINA CITY COUNCIL
SPECIAL MEETING MINUTES
Medina City Hall, City Council Chambers
501 Evergreen Point Road, Medina
Monday, April 23, 2012; 6:30 pm
CALL TO ORDER
The April 23, 2012 Special Meeting of the Medina City Council was noticed pursuant to
RCW 42.30.080. The meeting was called to order at 6:34 pm.
ROLL CALL
Council Members Present: Patrick Boyd, Jay Decker, Doug Dicharry, David Lee, Michael
Luis, and Katie Phelps
Council Members Absent: Janie Lee (excused)
City Staff Present: Donna Hanson, City Manager; Robert Grumbach, Development
Services Director; and Rachel Baker, City Clerk (left meeting at
6.40 pm)
Motion presented by council member Dicharry and seconded by council member Lee to
excuse absence of Janie Lee. Motion carried 6-0 at 6:34 pm.
DISCUSSION
Tree Code Update
Grumbach led discussion with council related to tree code update. Additional discussion to
be scheduled on June agenda.
Shoreline Master Program Update
Grumbach led discussion with council related to shoreline master program update.
ADJOURNMENT
MOTION DICHARRY AND SECOND DECKER TO ADJOURN THE APRIL 23, 2012
SPECIAL MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 6-0 AT
8:20 PM.
The April 23, 2012 Special Meeting of the Medina City Council adjourned at 8:20 pm.
The Medina City Council will hold its next Regular Meeting on Monday, May 14, 2012, at
6:30 pm in the Council Chambers at Medina City Hall, 501 Evergreen Point Road, Medina.
Michael Luis, Mayor Attest:
Rachel Baker, City Clerk
`0v of �fBp� ITEM CA-3
CITY OF MEDINA
May 7, 2012
To: Mayor and City Council
From: Nancy Adams, Director of Finance
Re: April 2012 Financial Report
The April 2012 Reporting includes:
• April 2012 AP Check Register Activity Detail
• Revenue & Expense Summary for April YTD
• WA State Economic & Revenue Forecast Slide - 2012 Sales Tax
• Liquor Revenue Impacts — City of Medina
Revenue:
Key Items for 2012 Revenue include:
Property Tax received as of April is $777K. Property taxes are deposited in April/May and
October/November.
• Sales Tax Revenue is $192K which is ($57K) less than the Jan- April trend rate for 2011.
o Sales Tax is at 17% trend rate for April YTD 2012 compared to 22% for April YTD 2011.
o In March, the WA State Economic & Revenue Forecast Council predicted a slight increase
in sales tax receipts in 2012 over 2011. We haven't seen an increase yet, but will continue
to monitor this (variable) revenue source. (See attached slide from the WA State
Economic and Revenue Forecast Council).
• Utility Tax & Franchise Fee Revenue is $172K as of April YTD. We are on target to meet or
exceed budget.
• License & Permit Revenue is $124K, or 27% of Budget as of April YTD.
• Planning & Development Revenue has come in quickly over the period of January- April. We have
already exceeded the 2012 Revenue Budget by $17K.
• Liquor profits update: We have received our state share of the liquor control profits of $4K for 01
and should receive Q2 as well. (See attached slide which shows 2012 legislative impacts to liquor
profits and liquor excise taxes going forward).
• Capital Real Estate Excise Tax (BEET) Revenue is $184K for April YTD and will be $244K for
May YTD. BEET Revenue at the end of May will be very close to Budget at (2.3%) under.
Expense:
Key Items for 2012 Expense include:
Finance: We pay WCIA for our annual insurance premiums in January. The actual fees were
$1,200 higher than the estimate they gave us last fall for budgeting.
Development: Hearing Examiner fees have exceeded the 2012 Budget by $5K as of April YTD
and will continue to be higher than budget for the year. Note: Planning & Development Revenue
is substantially higher for the period of January — April as well.
Capital City Hall Construction Project is approaching finalization. We have authorized the release
of the final retainage payment for the City Hall Project.
Preliminary
seasonally
adjusted
sales tax
receipts were
up 5% year -
over -year for
December
activity.
Economic & Revenue
Outlook
8 March 2012
$Millions, SA
700
650
1
550
500
450
Washington Retail Sales Tax Receipts
2004 2005 2006 2007 2008 2009 2010 2011 2012
Retail Sales Tax — — 3-Month Moving Average
Adjusted for large payments/refunds, amnesty payments and taxpayer reporting frequency changE
Source: ERFC; Monthly data through December 2011 preliminary activity
WASHINGTON STATE ECONOMIC AND REVENUE FORECAST COUNCIL
gIiAn IS
City of Medina
2004 2005 2006 2007 2008 2009 2010 2011 2012 Average
$ 1,226,415 $ 1,167,048 $ 1,139,683 $ 963,548 $ 1,599,044 $1,140,320 $ 992,218 $1,160,805 $1,120,000 $ 1,167,676
City of Medina Sales Tax History
$1,800,000
$1,600,000
i
$1,400,000
i
i
$1,200,000
I i
$1,000,000
E $800,000
1
-.
I $400,000
i I
3
2004 2005 2006 2007 2008 2009 2010 2011
2012 j
Page 3
OCity Liquor Profit —Revenue Impacts
2012 Revenue Impact: ($2,245) estimate
We lose Excise Tax Revenue in Q3 & Q4, but receive Profit from 1-1183
in Q3 & Q4 to partially offset. *Cities may receive a small share of the
Liquor License Auction Profits during 2011. The amount is not
quantified at this time.
2013 Revenue Impact: ($7,826) estimate
We lose Excise Tax Revenue for Q1 & Q2 and then receive a portion of
it back for Q3 & Q4, as well as 1-1183 profit.
2014 Revenue Impact: ($867) estimate
We receive a portion of Excise Tax Revenue for all of 2014, as well as
Profit from 1-1183. 2014 Revenue should return to 2011 levels again.
Page 4
City of Medina
Revenue & Expense Summary
April 2012
ITEM CA-3
REVENUE:
APRIL ACTUAL
APRIL YTD
ACTUAL
2012 ANNUAL
BUDGET
% of Total
BUDGET
REMAINING
General Fund
Property Tax
$633,095
$777,030
$2,446,268
3176%
$1,669,238
Sales Tax
$36,020
$191,813
$1,120,000
17.13%
$928,187
Criminal Justice
$4,369
$19,438
$57,646
33 72%
$38,208
B & O Tax: Utility & Franchise Fee
$73,383
$172,396
$336,694
51.20%
$164,298
Licenses & Permits
$15,522
$124,339
$456,275
27.25%
$331,936
Intergovernmental
$21,443
$101,989
$373,514
27.31%
$271,525
Planning & Development, Passport
$46,675
$244,066
$234,100
104.26%
($9,966)
Fines, Penalties, Traffic Infr.
$6,996
$25,678
$110,000
23.34%
$84,322
Misc. Investment, Leases
$20,645
$22,416
$64,130
34.95%
$41,714
Other Revenue
$0
$200
$0
0.00%
($200)
General Fund Total
$858,147
$1,679,364
$5,198,627
32.30%
$3,519,263
Street Fund
$4,756
$41,180
$168,891
24.38%
$127,711
Street Fund Transfers In
$24,167
$96,667
$290,000
33.33%
$193,333
Tree Fund
$0
$8,486
$1,000
848.63%
($7,486)
Capital Fund
$50,641
$185,298
$806,285
22.98%
$620,987
Total (All Funds)
$913,543
$1,914,328
$6,174,803
31.00%
$4,2609475
Total (All Funds) Transfers In
$24,167
$96,667
$290,000
33.33%
$193,333
EXPENDITURES:
APRIL ACTUAL
APRIL YTD
ACTUAL
2012 ANNUAL
BUDGET
% of Total
BUDGET
REMAINING
General Fund
Legislative
$555
$999
$26,800
3.73%
$25,801
Municipal Court
$14,780
$21,770
$101,500
21 45%
$79,730
Executive
$16,235
$60,159
$185,317
32.46%
$125,158
Finance
$14,377
$170,467
$277,090
61.52%
$106,623
Legal
$16,613
$36,846
$160,000
23.03%
$123,154
Central Services
$36,793
$151,679
$521,782
29.07%
$370,103
Police Operations
$172,482
$604,609
$1,986,953
3043%
$1,382,344
Fire & Medical Aid
$0
$0
$706,369
0.00%
$706,369
Emergency Prep.
$3,863
$17,812
$79,500
22.40%
$61,688
Development & Planning
$37,262
$237,881
$643,600
36.96%
$405,719
Recreational Services
$534
$534
$26,411
2.02%
$25,877
Parks
$27,048
$107,682
$341,546
31.53%
$233,864
General Fund Total
$340,543
$1,410,438
$5,056,868
27.89%
$3,646,430
General Fund Transfers Out
$7,500
$30,000
$90,000
33.33%
$60,000
Street Fund
$24,830
$112,820
$444,701
25.37%
$331,881
Tree Fund
$0
$0
$0
0.00%
$0
Capital Fund
$10,345
$15,820
$849,285
1.86%
$833,465
Capital Fund Transfers Out
$16,667
$66,667
$200,000
33.33%
$133,333
Total (All Funds)
$375,718
$1,539,078
$6,350,854
24.23%
$4,811,776
Total All Funds Transfers Out
$24,167
$96,667
$290,000
33.33%
$193,333
TOTAL CASH & INVESTMENTS TOTAL CASH & INVESTMENTS
Beginning Year: 1/1/12 Period Ending: 4/30/2012
WA ST INV POOL $ 4,028,217 WA ST INV POOL $ 3,873,511
CHECKING 450,111 CHECKING 1,018,196
$ 4,478,328 $ 4,891,707
AP Register Activity
April 2012
ITEM CA-3
Invoice Number VendorName
Account
Account Description
124994 Autonation Shared Service Center
001-000-000-521-20-48-10
Repairs & Maint-Automobiles
4/11/12 BAKER Bank of America -Business Card
001-000-000-511-60-43-00
Travel & Training
4/11/12 BAKER Bank of America -Business Card
001-000-000-518-10-31-00
Office And Operating Supplies
4/11/12 BAKER Bank of America -Business Card
001-000-000-518-10-43-00
Travel & Training
4/11/12 BAKER Bank of America -Business Card
001-000-000-518-10-43-00
Travel & Training
4/11/12 BAKER Bank of America -Business Card
001-000-000-518-10-49-20
Dues, Subscriptions
4/11/12 BAKER Bank of America -Business Card
001-000-000-518-10-49-30
Postcard, Public information
921755 Blumenthal Uniforms & Equipment
001-000-000-521-20-22-00
Uniforms
916430-80 Blumenthal Uniforms & Equipment
001-000-000-521-20-31-40
Police Operating Supplies
322917 Brat Wear
001-000-000-521-20-22-00
Uniforms
323089 Brat Wear
001-000-000-521-20-22-00
Uniforms
33866078 Chevron (Police)
001-000-000-521-20-32-00
Vehicle Expenses -Gas, Car Wash
4/6/12 CLYDE HILL Clyde Hill, City of
001-000-000-558-60-41-06
Building Inspector Contract
12486 CNR, Inc
001-000-000-518-90-48-00
Repairs & Main -Equipment
Mileage Reimb. - Crum Crum, Linda
001-000-000-521-20-43-00
Travel & Training
40712 Crystal And Sierra Springs-Admin
001-000-000-518-10-31-00
Office And Operating Supplies
0016624-IN Datanode Lic
001-000-000-521-20-41-05
IT Services
77073 db Secure Shred
001-000-000-518-10-41-00
Professional Services
6916 Eastside Public Safety Communicat'n
001-000-000-521-20-51-20
Dispatch-EPSCA
408369 ENA Couriers Inc
001-000-000-521-20-42-00
Communications (phone,Pagers)
Mileage Reimb. - Fischer Fischer, Craig T
001-000-000-518-10-43-00
Travel & Training
193147 Flex -Plan Services, Inc.
001-000-000-514-10-49-00
Misc-Dues,Subscriptions
180453 Goodyear Auto Service Center
001-000-000-521-20-48-10
Repairs & Maint-Automobiles
9790847579 Grainger
001-000-000-576-80-31-00
Operating Supplies
Apr-12 HANSON Hanson, Donna K
001-000-000-513-10-21-50
Auto Allowance
6019885 Home Depot Credit Services
101-000-000-542-30-31-00
Operating Supplies
2889496 Int'I Code Council Inc
001-000-000-558-60-49-00
Dues,Subscriptions,Memberships
2 Issaquah Sportsman's Club Issaquah Sportsmen Club
001-000-000-521-20-49-40
Dues,Subcriptions,Memberships
12-0388-0 KarMART Chrysler/Dodge
001-000-000-521-20-64-50
Automobiles
2001571 KC Office of Finance
001-000-000-521-20-42-00
Communications (phone,Pagers)
159637 Kiefer
001-000-000-574-20-31-00
Operating Supplies
2012 Property Tax King County Treasury
001-000-"-576-80-49-01
Misc-Property Tax
220697946 Konica Minolta Business Solutions
001-000-000-518-10-31-00
Office And Operating Supplies
Transaction Detail
Check Date
Check Number
Amount Transaction Notes
4/13/2012
52832
$68.68 Repairs -Car N14
52832 Total
$68.68
4/13/2012
52833
$119.97 CC Retreat Refreshments
4/13/2012
52833
$119.45 Printer Ink - Xerox Phaser
4/13/2012
52833
$135.00 AWC Labor Relations Conf. Baker
4/13/2012
52833
$460.00 IIMC Conf. - Greytak
4/13/2012
52833
$75.00 WMCA 2012 Dues - Baker
4/13/2012
52833
$236.47 Postage - April CC Postcard
52833 Total
$1,145.89
4/13/2012
52834
$315.36 Badge Embroidery
4/13/2012
52834
($235.86) Pepper Spray - Returned
52834 Total
$79.50
4/13/2012
52835
$383.39 Lt. Yourkoski Jacket
4/13/2012
52835
$383.39 Ofc Halverson Jacket
52835 Total
$766.78
4/13/2012
52836
$2,705.63 3/6/12 - 4/S/12 Fuel PD
52836 Total
$2,705.63
4/13/2012
52837
$458.50 3/12/2012 Inspections
52837 Total
$458.50
4/13/2012
52838
$199.02 Mitel Phone Sys. - Apr 2012
52838 Total
$199.02
4/13/2012
52839
$25.09 Fingerprint training -Mileage reimb
52839 Total
$25.09
4/13/2012
52840
$54.53 water - CH
52840 Total
$54.53
4/13/2012
52941
$328.50 4/12/2012 Monitoring
52841 Total
$328.50
4/13/2012
52842
$38.26 Secure Shredding Svcs.
52842 Total
$38.26
4/13/2012
52843
$706.79 4/12/2012 Monthly Radio Access
52843 Total
$706.79
4/13/2012
52844
$123.62 3/20/12 - 3/29/12
52844 Total
$123.62
4/13/2012
52845
$22.52 P/U Network Copier Part
52845 Total
$22.52
4/13/2012
52846
$50.00 March Admin Fee
52846 Total
$50.00
4/13/2012
52947
$579.66 Tires, alignment CarN15
52847 Total
$579.66
4/13/2012
52848
$225.80 Bolt Cutters, Ear Plugs
528"Total
$225.80
4/13/2012
52849
$400.00 April Auto Allowance
52849 Total
$400.00
4/13/2012
52850
$93.43 Street Sign Posts
52850 Total
$93.43
4/13/2012
52851
$125.00 Annual Dues 2012 Wilcox
52851 Total
$125.00
4/13/2012
52852
$640.00 2012 Gun Range membership Dues
52852 Total
$640.00
4/13/2012
52853
$28,857.75 New Police Vehicle
52853 Total
$23,857.75
4/13/2012
52854
$375.00 INET March 2012
52854 Total
$375.00
4/13/2012
52855
$146.85 Lifeguard Rescue Tubes
52855 Total
$146.85
4/13/2012
52856
$221.58 2011 Property Taxes
52856 Total
$221.58
4/13/2012
52857
$1,049.56 Q1 2012
52857 Total
$1,049.56
E
AP Register Activity
April 2012
ITEM CA-3
Transaction Detail
Invoice Number VendorName
Account
Account Description
Check Date
Check Number
Amount Transaction Notes
Medina-002 8 Law, Lyman, Daniel, Kamerrer & Bogdanovicf 001-000.000-515.20-41-60
Special Counsel
4/13/2012
52858
$11,032.10 Whitney v City ofMedina
Medina-001 8 Law, Lyman, Daniel, Kamerrer & Bogdanovic[001-000-OOD-515-20-41-60
Special Counsel
4/13/2012
$2858
$244.14 Chen v City of Medina
52858 Total
$11,276.24
9511702S McAfee
001-000-000-518-90-41-50
Technical Services
4/13/2012
52859
$331.20 Email Defense Svcs April
52859 Total
$331.20
3/1/12 - 3/31/12 Michael's Michael's Dry Cleaning
001-000-000-521-20-22-00
Uniforms
4/13/2012
52860
$130.36 PD - Dry Cleaning March
52960 Total
$130.36
285 Moberly & Roberts, PLLC
001-000-000-512-50-41-10
Prosecuting Attorney
4/13/2012
52861
$4,000.00 Prosecutor Svcs. March
283 Moberly & Roberts, PLLC
001-000-000-512-50-41-10
Prosecuting Attorney
4/13/2012
52861
$4,000.00 Prosecutor Svcs. January
284 Moberly & Roberts, PLLC
001-000-000-512-50-41-10
Prosecuting Attorney
4/13/2012
52861
$4,000.00 Prosecutor Svcs. February
52861 Total
$12,000.00
INV072304 National Maintenance Contractors, LLC
001-000-000-518-30-48-00
Repairs/maint-City Hall Bldg
4/13/2012
52862
$533.00 Janitorial Svc. Feb
INV077160 National Maintenance Contractors, LLC
001-000-000-518-30-48-00
Repairs/maint-City Hall Bldg
4/13/2012
52862
$48.87 Tissue, paper towels
52862 Total
$581.87
25012 O'Brien, Barton, Joe & Hopkins, PLLP
001-000-o0D-512-50-41-20
Public Defender
4/13/2012
52863
$290.00 Pub Defender Svcs. March
52863 Total
$290.00
3/21/12 PB Pitney Bowes Purchase Power
001-000-000-518-10-42-00
Postage/Telephone
4/13/2012
52864
$512.99 Postage Meter Refill
52864 Total
$512.99
12326 Positive ID Inc
001-000.000-521-20-41-00
Professional Services
4/13/2012
52865
$51.70 PD Chaplain - ID card
52865 Total
$51.70
239911002 3/2/12-3/30/12 Puget Sound Energy
101-000-000-542-63-41-00
Street Light Utilities
4/13/2012
52866
$1,745.77 Street Lights 3/2/12 - 3/30/12
52866 Total
$1,745.77
85513 Seattle Mailing Bureau
001-000-000-518-10-49-30
Postcard, Public information
4/13/2012
52867
$615.96 CC Postcard 4/12/2012
52867 Total
$615.96
D033100124 Seattle Times, The
001-000-000-518-10-44-00
Advertising
4/13/2012
52868
$585.93 Legal Ads 3/1/12 - 3/31/12
52868 Total
$585.93
427962 Security Safe & Lock Inc
101-000-000-542-30-31-00
Operating Supplies
4/13/2012
52869
$5.37 Key - Speed Trailer
52869 Total
$5.37
63950 Signature Landscape Services, Inc.
001-000-000-576-80-41-00
Professional Services
4/13/2012
52870
$2,945.55 Irrigation Install - Medina Beach
52870 Total
$2,945.55
3165173195 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
($14.49) Return desk base
3172470118 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
$117.29 Plates, cutlery, tyvek mailers
3172470119 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
$311.81 paper, lam pouches
3162619411 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
$57,10 Binder clips, paper
3172470112 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
($46.20) Wall Clock return
3165856957 Staples Advantage
D01-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
$163.17 Floormats, folders
3172470117 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
$103.60 folders, envelopes
3172470120 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
$49.81 monitor wipes, folders, ibuprofen, steno pads
3172470121 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
$15.32 Pain Relief Tablets
3168791815 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
($59.48) Return Binders
3159324911 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52871
$486.57 Fold tables
3172470122 Staples Advantage
001-000-000-521-20-31-00
Office Supplies
4/13/2012
52871
$116.81 Coat rack, pencil cup, lit holder, hang folder
3172470113 Staples Advantage
001-OW-000-521-20-31-00
Office Supplies
4/13/2012
52871
$189.69 cups, clock, paper, wipes, wastebkt, chisel
3172470124 Staples Advantage
001-000-000-521-20-31-00
Office Supplies
4/13/2012
52871
$20.02 Letter folder, mag rack
3172470123 Staples Advantage
001-000-000-521-20-31-00
Office Supplies
4/13/2012
52871
$7.65 Pencil Cup
3164300674 Staples Advantage
001-000-000-521-20-31-00
Office Supplies
4/13/2012
52871
($51.07) Return PD purchase
3172470116 Staples Advantage
001-000-000-525-60-31-00
Supplies
4/13/2012
52871
$18.67 labels
3172470114 Staples Advantage
001-000-000-525-60-31-00
Supplies
4/13/2012
52871
$100.09 Ink, Post -its, Phone cord, phone
3172470115 Staples Advantage
001-000-000-525-60.31-00
Supplies
4/13/2012
52871
$44.06 Folders, Phone cord, tabs
52871 Total
$1,630.42
Q2 12255 Statewide Security
001-000-000-521.20-42-00
Communications (phone,Pagers)
4/13/2012
52872
$90.00 Sec Alarm Monitoring Q3
Q2 12256 Statewide Security
001-000-000-521-20-42-00
Communications (phone,Pagers)
4/13/2012
52872
$150.00 Fire Alarm Monitoring Q1
36310 Statewide Security
001-000-000-521-20.48-20
Repairs & Maint-Cad
4/13/2012
52872
$153.30 Camera Maint. - PD March
Q2 12257 Statewide Security
001-000-000-576-80-41-04
Professional Services-Misc
4/13/2012
52872
$90.00 PW Shop Alarm Monitoring Q2
52872 Total
$483.30
Feb 2012 - Acct. Analysis US Bank
D01-000-000-514-10-49-10
Miscellaneous
4/13/2012
52873
$2,042.15 Semi Annual Acct. Analysis
52873 Total
$2,042.15
2030147 Utilities Underground Location Ctr
101-000-000-542-30.47-00
Utility Services
4/13/2012
52874
$54.20 Utility Locates March
52874 Total
$54.20
2
AP Register Activity
April 2012
ITEM CA-3
Transaction Detail
Invoice Number VendorName
Account
Account Description
Check Date
Check Number
Amount Transaction Notes
1314 VISION FORMS, LLC
001-"-"-514-10-49-10
Miscellaneous
4/13/2012
52875
$457.35 AP Check Forms
52875 Total
$457.35
920417 WA ST Dept of Retirement Systems
001-000-000-514-30-49-10
Miscellaneous
4/13/2012
52876
$25.00 2011 Tax Yr Old Age Sury Ins.
52876 Total
$25.00
`FB91017009121 WA ST Dept of Transportation
001-000-000-576-80-32-00
Vehicle Fuel & Lube
4/13/2012
52877
$366.88 Fuel - PW
52877 Total
$366.88
112006724 WA State Patrol
001-000-000-521-20-41-00
Professional Services
4/13/2012
52878
$10.00 HP Solicitor Permit Bkground ck
112005865 WA State Patrol
001-000-000-521-20-41-00
Professional Services
4/13/2012
52878
$10.00 WATCH bkground ck
112006580 WA State Patrol
631-000-000-589-12-52-89
WA ST Patrol-Gun-Fbi ($24)
4/13/2012
52878
$77.00 4 CPLs
52878 Total
$97.00
52574 Washington Awards, Inc.
001-000-000-518-10-31-00
Office And Operating Supplies
4/13/2012
52879
$43.80 Medina Mayors Engraving
52879 Total
$43.80
2012-0212 Watershed Company, The
001-000-000-558-60-41-55
Shoreline Consultants
4/13/2012
52880
$2,420.35 SMP Update
52880 Total
$2,420.35
55938 Wide Format Company, The
001-000-000-518-10-49-40
Photocopies
4/13/2012
52881
$19.16 Household Svcs. LLC Plan Copies
52883 Total
$19.16
Apr 2012 WILLIS Willis, Joe
001-000-000-576-80-43-00
Travel & Training
4/13/2012
52882
$285.00 April Auto Allowance
52882 Total
$295.00
4/11/12 Greytak WMCA- Treasurer
001-000-000-518-10-49-20
Dues, Subscriptions
4/13/2012
52883
$75.00 2012 Dues - Greytak
52883 Total
$75.00
1011660-20120331 Accurint - Account 1011660
001-000-000-521-20-41-00
Professional Services
4/27/2012
52884
$54.75 Investigative Research Tool March
52884 Total
$54.75
K11571462 Amec
001-000-000-558-60-41-07
Engineering Consultant
4/27/2012
52885
$1,497.50 Geotech Svcs PL2012-015
52885 Total
$1,497.50
996165814X04162012 AT&T Mobility
001-000-000-521-20-42-00
Communications (phone,Pagers)
4/27/2012
52886
$284.63 Patrol Car Connect to NORCOM 3/9-4/8
52886 Total
$284.63
4/15/12 BAKER Bank of America -Business Card
001-000-000-513-10-43-00
Travel & Training
4/27/2012
52887
$6.92 Staff Training/Lunch - CM
4/15/12 BAKER Bank of America -Business Ca rd
001-000-000-514-10-43-00
Travel & Training
4/27/2012
52887
$6.92 Staff Training/Lunch- Finance
4/15/12 BAKER Bank of America -Business Card
001-000-000-518-10-31-00
Office And Operating Supplies
4/27/2012
52887
$5.42 AV software renewal
4/15/12 BAKER Bank of America -Business Card
001-000-000-518-10-31-00
Office And Operating Supplies
4/27/2012
52887
$43.75 AV software renewal
4/15/12 BAKER Bank of America -Business Card
001-000-000-518-10-31-00
Office And Operating Supplies
4/27/2012
52887
$76.60 AV software renewal
4/15/12 BAKER Bank of America -Business Card
001-000-000-518-10-43-00
Travel & Training
4/27/2012
52887
$24.23 Staff Training/Lunch - CS
4/15/12 BAKER Bank of America -Business Card
001-000-000-518-30-45-00
Facility Rental
4/27/2012
52887
$311.00 Monthly Records Storage
4/15/12 BAKER Bank of America -Business Card
001-000-000-518-30-45-00
Facility Rental
4/27/2012
52887
$159.00 Monthly Records Storage
4/15/12 YOURKOSKI Bank of America -Business Card
001-000-000-521-20-31-00
Office Supplies
4/27/2012
52887
$816.38 Explosives Storage Box
4/15/12 YOURKOSKI Bank of America -Business Card
001-000-000-521-20-32-00
Vehicle Expenses -Gas, Car Wash
4/27/2012
52887
$30.00 Good2Go Replenish
4/15/12 YOURKOSKI Bank of America -Business Card
001-000-000-521-20-32-00
Vehicle Expenses -Gas, Car Wash
4/27/2012
52887
$30.00 Good2Go Replenish
4/15/12 YOURKOSKI Bank of America -Business Card
001-000-000-521-20-32-00
Vehicle Expenses -Gas, Car Wash
4/27/2012
52887
$30.00 Good2Go Replenish
4/15/12 YOURKOSKI Bank of America -Business Card
001-000-000-521-20-32-00
Vehicle Expenses -Gas, Car Wash
4/27/2012
52887
$30.00 Good2Go Replenish
4/15/12 YOURKOSKI Bank of America -Business Card
001-000-000-521-20-32-00
Vehicle Expenses -Gas, Car Wash
4/27/2012
52887
$30.00 Good2Go Replenish
4/15/12 YOURKOSKI Bank of America -Business Card
001-000-000-521-20-43-00
Travel & Training
4/27/2012
52887
$17.00 Training - Parking
4/15/12 BAKER Bank ofAmerica-Business Card
001-000-000-521-20-43-00
Travel & Training
4/27/2012
52887
$66.65 Staff Training/Lunch -PD
4/15/12 YOURKOSKI Bank of America -Business Card
001-000-"-521-20-43-00
Travel & Training
4/27/2012
52887
$16.00 Training- Parking
4/15/12 YOURKOSKI Bank of America -Business Card
001-000-000-521-20-43-00
Travel & Training
4/27/2012
52887
$350.00 Training- Ofc. Morovics
4/15/12 BAKER Bank of America -Business Card
001-000-000-558-60-43-00
Travel & Training
4/27/2012
52887
$24.23 Staff Training/Lunch - Dev Svcs.
4/15/12 WILLIS Bank of America -Business Card
001-"-"-576-80-31-00
Operating Supplies
4/27/2012
52887
$250.00 Arbor Day Tree-2012
4/15/12 WILLIS Bank of America -Business Card
001-000-"-576-80-31-00
Operating Supplies
4/27/2012
52887
$48.84 Ink Cartridges
4/15/12 WILLIS Bank of America -Business Card
001-000-000-576-80-31-00
Operating Supplies
4/27/2012
52887
$70.55 Ink Cartridges
4/15/12 BAKER Bank ofAmerica-Business Card
001-000-000-576-80-43-00
Travel & Training
4/27/2012
52887
$44.13 Staff Training/Lunch -PW
52887 Total
$2,487.62
26727 Bellevue, City of
001-000-000-519-90-49-03
ARCH
4/27/2012
52888
$2,660.00 ARCH Pymt 2012
523327 Bellevue, City of
001-000.000-576-80-41-04
Professional Services-Misc
4/27/2012
52888
$124.00 Fire Svc. -City Hall Water Review
52888 Total
$2,784.00
916430 4/25/12 Blumenthal Uniforms & Equipment
001-000-000.521-2D-31-40
Police Operating Supplies
4/27/2012
52889
$235.86 Pepper Spray
52889 Total
$235.86
323179 Brat Wear
001-000-000-521-20-22-00
Uniforms
4/27/2012
52890
$98.46 Ofc. Girias -Embroidery
323087 Brat Wear
001-000-000-521-20-22-00
Uniforms
4/27/2012
52890
$501.05 Ofc. Halverson Uniform
52890 Total
$599.51
4/2/12 DOW ASSOC., INC. Cabot Dow Associates, Inc
001-000-000-513-10-41-00
Professional Services
4/27/2012
52891
$1,725.00 Labor Negotiations March
AP Register Activity
April 2012
ITEM CA-3
Invoice Number VendorName
Account
Account Description
7838049B Centurylink
001-000-000-518-10-42-00
Postage/Telephone
3989759E Centurylink
001-000-000-521-20-42-00
Communications (phone,Pagers)
8183070B Centurylink
001-000-000-576-80-42-00
Telephone/postage
14608 Chevron (PW Streets)
001-000-000-576-80-48-00
Repair & Maint Equipment
3498 33 013 0193223 4/9/12 Comcast
001-000-000-521-20-48-20
Repairs&Maint-Cad
3498 33 013 0193264 4/9/12 Comcast
001-000-000-521-20-48-20
Repairs & Maint-Cad
198 33 013 0193587 4/15/12 Comcast
001-000-000-576-80-42-00
Telephone/postage
.PRO 4/19/12 - CRUM REIMB. Crum, Linda
001-000-000.521-20-43-00
Travel & Training
5296969 040712 Crystal And Sierra Springs -Police
001-000-000-521-20-31-00
Office Supplies
5291929040712 Crystal And Sierra Springs-PW
001-000-000-576-80-31-00
Operating Supplies
0016638-IN Datanode Llc
001-000-000-521-20-41-05
IT Services
Don Jose Trust 4/17/12 Don Jose Trust
001-000-000-389-00-00-00
Non -Revenue (Adv Deposits)
408605 ENA Couriers Inc
001-000-000-521-20-42-00
Communications (phone,Pagers)
APRIL - FINNIGAN Finnigan, Kristen
001-000-000-525-60-41-00
Prof Serv-EP Coordinator
APRIL - FINNIGAN Finnigan, Kristen
001-000-000-525-60-43-00
Travel & Training
623296 Goodsell Power Equipment,Inc
101-000-000-542-30-31-00
Operating Supplies
9791111868 Grainger
001-000-000-521-20-31-00
Office Supplies
2012 IIMC Conf. - GREYTAK Greytak, Pamela 1.
001-000-000-518-10-43-00
Travel & Training
6081102 Home Depot Credit Services
001-000-000-576-80-31-01
Maintenance Supplies
3082135 Home Depot Credit Services
001-000-000-576-80-31-01
Maintenance Supplies
5094935 Home Depot Credit Services
101-000-000-542-30-31-00
Operating Supplies
4/5/12 Temple Johnson Johnson, Temple
001-000-000-511-60-41-00
Professional Services
3000119 KC Finance-Adult/Juvenile Detention
001-000-000-521-20-51-50
Jail Service -Prisoner Board
15674 Kenyon Disend, Plic
001-000-000-515-20-41-10
City Attorney
MAR12MED Kirkland Municipal Court
001-000-000-512-50-51-10
Municipal Court-Traffic/NonTrf
4/16/12 Kirkland PD Kirkland, City of
001-000-000-521-20-51-80
Domestic Violence -Kirkland
220842597 Konica Minolta Business Solutions
001-000.000-521-20-48-00
Repairs& Maint-Equipment
i/12 - MEYER - REIMB. AUTO Meyer, Courtney
001-000-000-521-20-43-00
Travel & Training
20110212 Norcom
001-000-000-521-20-51-15
Dispatch Services-Norcom Trans
2267 Northwest Aed, Inc.
001-000-000-574-20-31-00
Operating Supplies
Transaction Detail
Check Date
Check Number
Amount Transaction Notes
52891 Total
$1,725.00
4/27/2012
52892
$101.00 CC Fax lines CH, 4/7/12 - 5/7/12
4/27/2012
52892
$150.77 PD Fax line 4/17/12 - 5/17/12
4/27/2012
52892
$43.82 PW Shoe Alarm line 4/8/12 - S/8/12
52892 Total
$295.59
4/27/2012
52893
$120.01 Battery for Toro Mower
52893 Total
$120.01
4/27/2012
52894
$206.90 NE 24th St Camera 4/16/12 - 5/15/12
4/27/2012
52894
$206.90 NE 12th Camera 4/16/12 - 5/15/12
4/27/2012
52894
$80.45 PW Shop Internet 4/25/12 - 5/24/12
52894 Total
$494.25
4/27/2012
52895
$34.08 Mileage Reimb.
52895 Total
$34.08
4/27/2012
52896
$75.30 Water -PD
52896 Total
$75.30
4/27/2012
52897
$21.30 Water -PW
52897 Total
$21.30
4/27/2012
52898
$657.00 Replace PD Computer
52898 Total
$657.00
4/27/2012
52899
$4,460.50 Refund Adv Deposit & Hearing Exam.
52899 Total
$4,460.50
4/27/2012
52900
$123.62 Courier 4/3/12 - 4/15/12
52900 Total
$123.62
4/27/2012
52901
$3,600.00 EMP Coord.3/20/12- 4/17/12
4/27/2012
52901
$100.00 4 Trips - EMP Svcs.3/20/12 - 4/17/12
52901 Total
$3,700.00
4/27/2012
52902
$51.10 Chainsaw Supplies
52902 Total
$51.10
4/27/2012
52903
$337.81 Bolt Cutters
52903 Total
$337.81
4/27/2012
52904
$1,063.80 Exp Reimb Train fare, hotel, meals
52904 Total
$1,063.80
4/27/2012
52905
$15.31 Pipe elbow -drinking fountain supply
4/27/2012
52905
$23.60 supply line, hosing drinking fountain
4/27/2012
52905
$33.05 Bucket, towels, pipe PW supply
52905 Total
$71.96
4/27/2012
52906
$435.00 Mtg w/ Allyson Jackson Jet Noise
52906 Total
$435.00
4/27/2012
52907
$1,737.09 Jail Housing March
52907 Total
$1,737.09
4/27/2012
52908
$5,337.00 City Attorney, March
52908 Total
$5,337.00
4/27/2012
52909
$2,490.00 Court Filing - March
52909 Total
$2,490.00
4/27/2012
52910
$99.27 2012 - Q1 DV Advocacy Svcs.
52910 Total
$99.27
4/27/2012
52911
$503.97 Copier Maint. - PD
52912 Total
$503.97
4/27/2012
52912
$21.45 Mileage - Excel Training
52912Total
$21AS
4/27/2012
52913
$14,302.25 2012 - Q2 NORCOM
52913 Total
$14,302.25
4/27/2012
52914
$387.63 Device Batteries
52914 Total
$387.63
4
AP Register Activity
April 2012
ITEM CA-3
Invoice Number VendorName
Account
Account Description
12170401MED NPM Construction Co.
307-"-000-595-30-63-01
Road Construction
�20-500-7 3/22/12 - 3/31/12 Puget Sound Energy
001-000-000-518-10-47-00
Utility Serv-Elec,Water,Waste
601467 San Diego Police Equipment CO
001-000-000-521-20-31-60
Ammo/Range (Targets, etc)
2012-1066 Snohomish County Sheriff- Corrections
BureiO01-000-000-521-20-51-50
Jail Service -Prisoner Board
1376 Sound Law Center
001-000-000-558-60-41-02
Hearing Examiner
196658245-066 Sprint
001-000-000-518-10-42-00
Postage/Telephone
196658245-066 Sprint
001-000-000-521-20-42-00
Communications (phone,Pagers)
196658245-066 Sprint
001-000-000-576-80-42-00
Telephone/postage
3173111640 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
3173111639 Staples Advantage
001-000-000-518-10-31-00
Office And Operating Supplies
3173111638 Staples Advantage
001-000-000-521-20-31-00
Office Supplies
36325 Statewide Security
001-OW-000-521-20-48-20
Repairs & Maint-Cad
JAN-12 Tiki Car Wash - PD Tiki Car Wash
001-000-000-521-20-32-00
Vehicle Expenses -Gas, Car Wash
FEB-12 Tiki Car Wash - PD Tiki Car Wash
001-OW-000-521-20-32-00
Vehicle Expenses -Gas, Car Wash
430532/1 Vibrant Plants Inc
101-000-000-542-30-41-10
Road & Street Maintenance
2012-WAR045527 2/27/12 WA ST Dept of Ecology
101-000-000-542-30-41-00
Professional Services
E899575 WA ST Dept of Licensing
631-000-000-389-12-52-88
Dept of Lic - Gun Permit
55799 Wide Format Company, The
001-000-000-518-10-49-40
Photocopies
56254 Wide Format Company, The
001-000-000-518-10-49-40
Photocopies
4/10/12 REIMB. YOURKOSKI Yourkoski, Daniel
001-000-000-521-20-32-00
Vehicle Expenses -Gas, Car Wash
68201570 Zee Medical Service Co.
001-000-000-576-80-31-00
Operating Supplies
L&I Volunteers QS 2012 Dept of Labor & Industry
001-000-000-518-10-49-10
Miscellaneous
Transaction Detail
Check Date
Check Number
Amount
Transaction Notes
4/27/2012
52915
$10,344.98
Final Pymt - NE 12th Project
52915 Total
$30,344.98
4/27/2012
52916
$1,219.00
City Hall Utili. 3/22/12 - 3/31/12
52916 Total
$1,219.00
4/27/2012
52917
$3,145.85
Ammo -PD
52917 Total
$3,145.85
4/27/2012
52918
$2,607.39
Jail Housing March
52918 Total
$2,607.39
4/27/2012
52919
$3,052.00
Hearing Examiner Svcs
52919 Total
$3,052.00
4/27/2012
52920
$45.31
ISC Cell Phone
4/27/2012
52920
$127.24
PD Cell Phones
4/27/2012
52920
$162.20
PW Cell Phones
52920 Total
$334.75
4/27/2012
52921
$72.37
Folders, dividers, clips, paper
4/27/2012
52921
$2745
pens, highlighters
4/27/2012
52921
$110.21
Cups, cutlery, paper
52921 Total
$210.03
4/27/2012
52922
$7,540.17
Traffic Camera Installation
52922 Total
$7,540.17
4/27/2012
52923
$54.20
PD - Car Washes January
4/27/2012
52923
$43.36
PO - Car Washes February
52923 Total
$97.56
4/27/2012
52924
$247.93
82nd Ave Roadside Planting
52924 Total
$247.93
4/27/2012
52925
$909.00
NPDES II Semi Annual Pmt
52925 Total
$909.00
4/27/2012
52926
$18.00
Gun Permit E899575 Valeur
52926 Total
$18.00
4/27/2012
52927
$24.88
Victor Chen Plan Copies
4/27/2012
52927
$20.38
Keith Johnson Plan Copies
52927 Total
$45.26
4/27/2012
52928
$34.25
Vehicle Registration
52928 Total
$34.25
4/27/2012
52929
$218.95
First Aid Kit- PW Shop
52929 Total
$218.95
4/30/2012
52930
$13.88
L&I Volunteers Q12012
52930 Total
$13.88
Grand Total $155,098.34
5
Medina City Council Regular Meeting ITEM CA-4
Monday, May 14, 2012
AGENDA BILL
Subject: Hunts Point Police Services Contract
Category: ® Consent El Ordinance El Public Hearing
g
❑ City Council Business ❑ Resolution ❑ Other— Discussion
Prepared
Bv: Mark Thomas. Chief of Police
Summary
This is essentially a renewal of the expiring contract between Medina and Hunts Point
for the providing of Police Services. This contract will also allow for the inclusion of
capital expenses amortized over the estimated useful life span of the item. This new
contract will provide stability for planning purposes by running through 2015.
Attachments:
Hunts Point Police Services Contract
Budget/Fiscal
Staff
Recommendation: Approyal on Consent Agenda
City Manager
Proposed
Council Motion: N/A
ITEM CA-4
AGREEMENT FOR POLICE SERVICES
BETWEEN
CITY OF MEDINA AND TOWN OF HUNTS POINT
In consideration of the mutual covenants and promises set forth in this Agreement, and in the exercise
of the authority granted by the Interlocal Cooperation Act, Chapter 239, Laws of 1967, codified as RCW
39.34, the City of Medina (hereinafter Medina), a municipal corporation, and the Town of Hunts Point
(hereinafter Hunts Point), a municipal corporation, do hereby agree as follows:
1. PURPOSE. The purpose of this Agreement is to provide uniform and effective enforcement of
law within the jurisdiction of Medina and Hunts Point. Pursuant to this purpose, these
municipal corporations shall jointly exercise police authority as set forth in this Agreement.
2. POLICE SERVICES. Medina, through its Police Department, shall provide full time, twenty-four
hour police services for Hunts Point, which will include:
A. Full-time patrol with a minimum of four patrols per shift unless prevented by other police
services. Special emphasis traffic enforcement to address specific problem areas;
B. Immediate and appropriate response to calls, subject only to necessary priorities among
concurrent matters;
C. Patrolling down long driveways as specifically requested;
D. Enforcement and investigation of criminal and traffic law violations;
E. House checks when requested;
F. Advise Hunts Point as to situations of which the patrolling officers have specific knowledge,
affecting the health, safety and public welfare of residents and visitors; including
inadequate, missing or broken traffic or safety signs;
G. Advise Hunts Point of the need for new ordinances or changes in existing ordinances to
address enforcement concerns;
H. Assist the Mayor in preparing Hunts Points' response to queries from County, State and
other jurisdictions in matters relating to reports on law enforcement needs, activities, jail
facilities and other like matters;
Maintain close liaison with Hunts Point officials and attend Hunts Point Council meetings
and such special meetings as appropriate and necessary;
1
2012-2015 Medina/Hunts Point Agreement for Police Services
ITEM CA-4
J. Animal control services upon request;
K. Such other law enforcement services as may be required for the health, safety and public
welfare of the residents and visitors of these municipalities.
3. ADMINISTRATION. The Medina Chief of Police shall be appointed the Marshal for Hunts Point
and shall exercise all authority vested in that office.
The City Manager of Medina shall be responsible for the administration of this Agreement. No
joint acquisition of real or person property is contemplated hereunder.
Medina shall provide Hunts Point with an estimated contract fee based on the City of Medina
preliminary budget, using the formula identified in Section 5(A), no later than the 15th day of
October of each contract year. The parties agree to meet promptly following receipt of the
Service Fee notice by Hunts Point, for purposes of reviewing the Service Fee calculation and
discussing any significant changes from the prior year.
4. PROCEDURE FOR REVIEW OF EXTRAORDINARY INCREASES. If for any service year, Medina
notifies Hunts Point that the Service Fee to be charged will exceed the preceding year's Service
Fee by more than five percent (5%), Hunts Point may request a meeting to discuss the proposed
increase. Such meeting shall be promptly held. The parties shall negotiate in good faith. If the
parties are unable to reach agreement on the Service Fee through negotiation, mediation may,
by mutual consent, be initiated. In the event the parties determine to initiate mediation, a
mutually acceptable mediator shall be selected based on his/her expertise with the nature of
the matter in dispute and ability to facilitate settlement. The parties agree to provide all
documentation and information requested by the mediator and in all other regards cooperate
fully with the mediator. In the event that mediation is unsuccessful in providing a mutually
acceptable solution to the dispute after a period of not less than ninety (90) days, unless
extended by mutual agreement of the parties, the parties may pursue any other form of relief
provided under this Agreement. The costs for mediation shall be equally shared between the
parties.
S. COST OF CONTRACT AND PAYMENTS.
A. Hunts Point shall pay Medina an annual base contract estimated amount calculated based
upon Hunts Point's pro rata share of the Medina Police Department approved annual
operating budget for that year, subject to charges or credits against the actual operating
costs of the Police Department for the immediate prior year. In any given year, Hunts
Point's pro rata share will be based on population, less costs associated with marine patrol,
prisoner transport, law enforcement proceeds, proceeds from the sale of equipment and
vehicles, criminal justice tax revenues and prisoner jail costs. Current cost share for Hunts
Point is 13.3% based on the 2010 Census for Medina and Hunts Point. The Medina Police
Department's share of Medina's budgeted expenditures for automobile and liability
insurance, building maintenance and equipment repairs and equipment replacement
(capital outlay) shall be added to the Police Department budget prior to calculation of Hunts
Point's annual contract fee. Where individual capital outlay items (CIP) are included which
exceed $25,000 and have a useful life of more than three years, Hunts Point may exercise
2012-2015 Medina/Hunts Point Agreement for Police Services
ITEM CA-4
the right to amortize the CIP costs over the useful life of the item(s) if the Medina City
Manager is notified of the intent in writing. The 2012 estimated contract amount for Hunts
Point is $224,229.91 which was adjusted down from $243,901.02 with a credit of
$19,671.12 from 2011 actual costs. It includes $5,250.52 for police department capital
building costs of $105,010.45 amortized over 20 years. Payment shall be made by Hunts
Point to Medina on a quarterly basis.
B. Hunts Point shall be separately responsible for all court costs, including: filing fees; indigent
fee charges of any kind, including the cost of appointed counsel or public defender;
probation costs; actual charges incurred for mail services, jail costs and medical expenses for
all Hunts Point prisoners.
C. Hunts Point may retain the prosecutor and public defender of its choice and is responsible
for the cost of prosecution of all criminal and traffic offenses and infractions committed
within its boundaries.
D. Charges for disposal or lodging of animals shall be billed at the amount incurred by Medina.
Any funds received from licensing of animals will be retained by Medina.
E. Medina shall submit to Hunts Point four (4) quarterly billing statements during the first
quarter of each year.
6. ADDITIONAL SERVICES.
A. Fees for extraordinary police services for which Medina must contract with outside agencies
will be billed to Hunts Point in the amount that Medina is billed for such services.
B. Hunts Point shall have the right to request additional services for community events or
other activities requiring additional patrolling or other duties. If it is necessary for Medina
to employ additional officers to provide such services, the fees for such services shall be
billed to Hunts Point at the hourly cost for the officers and equipment involved.
7. PATROLLING OF SHORELINE. Medina does not assume any responsibility under this Agreement
for patrolling the shoreline or for any marine services which in the past were rendered by other
jurisdictions to Hunts Point, under contract or otherwise.
8. DURATION AND TERMINATION. The period of this Agreement shall be for calendar years 2012
through 2015, and thereafter shall renew automatically for an additional year, each July 15L
starting in 2015 unless a successor agreement is in place or the Agreement is terminated by one
of the parties in compliance with the provisions of this Agreement. In the event Medina elects
at any time to terminate its independent Police Department, this Agreement and the rights and
responsibilities described herein shall terminate concurrently with the termination of Medina
Police Department.
This Agreement may be terminated on December 315L of any year subject to this Agreement,
only if written notice is provided to the non -terminating party by the terminating party on or
before the first day of the preceding July, unless a shorter terminating date is mutually agreed
upon by both parties.
2012-2015 Medina/Hunts Point Agreement for Police Services
ITEM CA-4
9. INDEMNITY. Each party to this Agreement agrees to defend, indemnify and hold harmless the
other party and its officers, employees, agents and elected officials from and against any claim,
damage, liability, judgment, cost, penalty, attorney's fees, etc. on account of any property
damage of any kind arising from or in any manner connected with the police services provided
by Medina to the extent of each party's own negligence. Provided however, if any such claim
arises, based upon Medina's performance of services under this Agreement, Medina's obligation
to indemnify, defend and hold harmless Hunts Point and its officers, employees, agents and
elected officials shall be limited to the extent of the then existing insurance limits maintained in
Medina. Hunts Point agrees to defend, indemnify and hold harmless Medina and its officers,
employees, agents and elected officials from and against any claim, damage, liability, judgment
cost, penalty, attorney's fees, etc. arising out of the enforcement of any Hunts Point ordinance
which is declared to be unconstitutional or otherwise invalid.
10. BENEFIT. This Agreement is entered into for the benefit of the health, safety and welfare of the
general public, and not to create or otherwise establish or designate any particular class or
group of persons who will or should be especially protected or benefited by its provisions. No
provision of this Agreement may be used as a basis for civil liability.
11. GENERAL PROVISIONS.
A. This Agreement constitutes the entire agreement between the parties, and both parties
acknowledge that there are no other agreements oral or otherwise that have not been fully
set forth in the text of this Agreement.
B. The parties hereby further agree that this Agreement cannot be amended or modified
without the written concurrence of both parties.
C. If any provision or portion of this Agreement is held to be unconstitutional, invalid or
unenforceable, the remainder of the Agreement shall be valid and enforceable except,
either party shall have the right, at its option, to declare the Agreement void and enter into
negotiations with the other party for execution of a new Agreement.
D. The City Clerk of the City of Medina shall file an original copy of this Agreement with King
County Records and Elections, to be recorded per RCW 39.34.040, after it has been
executed by the duly authorized representatives of the Town of Hunts Point and the City of
Medina.
12. NOTICE. Any notice required to be given by Medina to Hunts Point or Hunts Point to Medina
shall be delivered to the following parties at the following addresses:
CITY CLERK
TOWN ADMINISTRATOR
CITY OF MEDINA
TOWN OF HUNTS POINT
P 0 BOX 144
3000 HUNTS POINT ROAD
MEDINA, WA 98039
HUNTS POINT, WA 98004
4
2012-2015 Medina/Hunts Point Agreement for Police Services
ITEM CA-4
Any notices may be either delivered personally to the address of the notice or may be deposited in the
United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United
States mail shall be deemed received three (3) days after the date of mailing.
13. EFFECTIVE DATE. This Agreement shall be effective this day of
2012.
DATED this day of 2012.
CITY OF MEDINA: TOWN OF HUNTS POINT:
DONNA HANSON
City Manager
Attest/Authenticated:
RACHELBAKER
City Clerk
Approved as to form:
BRUCE DISEND
City Attorney
FRED MCCONKEY
Mayor
Attest/Authenticated:
JACK MCKENZIE
Town Administrator
Approved as to form:
MICHAEL KENYON
Town Attorney
5
2012-2015 Medina/Hunts Point Agreement for Police Services
ITEM CA-5
CITY OF MEDINA
501 EVERGREEN POINT ROAD I PO BOX 144 1 MEDINA WA 98039-0144
TELEPHONE 425-233-6400 1 www.medina-wa.gov
Date: May 2, 2012
To: Medina City Council Members
From: Personnel Committee; Michael Luis, Katie Phelps, Janie Lee
Subject: Recommendation for Medina Planning Commission, Position 3
In compliance with Resolution Number 332, the personnel committee is hereby submitting its
recommendation for appointment to the Planning Commission to the full City Council for its
consideration. Confirmation is scheduled to occur during the May 14 Medina City Council
meeting.
The vacancy occurred when council member David Lee took office in January and the term expires
June 30, 2014. Immediately after the General Election was certified in November a recruitment
notice was posted and has remained in effect since. Notice was posted on City notice boards, on
the City's website, delivered through the City's e-notice program, announced at meetings and in
staff reports, and called -out on postcards mailed to residents. These efforts yielded a total of one
application, which was received from Patrick Halcomb on January 18.
The personnel committee was formed March 26 at the council retreat and the committee
interviewed Mr. Halcomb on April 4.
The personnel committee recommends the appointment of Patrick Halcomb to Medina Planning
Commission Position 3, effective immediately and terminating June 30, 2014.
Medina City Council Regular Meeting ITEM CA-6
Monday, May 14, 2012
AGENDA BILL
Subject: Amendment to The Watershed Shoreline Consultant Agreement
Category: ❑ Consent El Ordinance El Public Hearing
9
® City Council Business ❑ Resolution ❑ Other —Discussion
Prepared By: Robert J. Grumbach, AICP, Director of Development Services
Summary: The City hired The Watershed Company to assist with updating the Medina SMP
consistent with state guidelines. The funding for their services was paid from an awarded
shoreline grant. The terms of the shoreline grant included distribution of funds over three fiscal
years with June 30, 2012, being the expiration date. The funds available the first two years of
the grant ended June 2011. The amount funds for year three were $25,000. As of April 20, the
City has spent $23,309 of the year three funds. Of the funds spent, $22,141 was paid to The
Watershed Company for their services. The remaining $1,168 expenditure was used for
postcard notices and public notice boards.
The original contract with The Watershed Company contained a not to exceed expenditure limit.
The City Council approved an amendment to the original contract last July that modified the
term to allow for expenditures that would be paid by the year three grant funding. The
expenditure limit under the first amendment was $25,000. As we approach the end of the grant,
there is still work to be done. The City is required to submit its updated SMP to Ecology for
approval. A formal letter is expected to include issues raised by Ecology that the City must
respond. The Watershed Company has experience assisting local jurisdictions with addressing
Ecology comments and can offer valuable expertise in helping us respond.
The City's 2012 budget anticipated the need for such services and included a placeholder of
$20,000 for such help. The proposed second contract amendment extends the contract with
The Watershed Company by providing additional funds that allow the City to utilize their
services as needed in responding to Ecology.
Because $1,168 of the shoreline grant funds were used for public noticing, the proposed
expenditure limit in the second contract amendment is set at $18,832. This reflects the $25,000
from the first contract amendment + $18,832 from the second contract amendment + the $1,168
used by the City for noticing.
Attachments:
Proposed Amendment 2 Agreement
Budget/Fiscal Impact: $20,000 (BARS # 001 000 000 558 60 41 55)
Staff
Recommendation: ApprQve
City Manager
A roval:
:4
otion to approve Amendment 2 to the Agreement with The
Watershed Company to provide consulting services for the shoreline
Proposed master program update and to authorize the City Manager to sign the
Council Motion: amendment
ITEM CA-6
AMENDMENT NO.2 TO
AGREEMENT FOR PROFESSIONAL SERVICES
THE WATERSHED COMPANY
This is Amendment No. 2 to the Agreement for Professional Services between the City of
Medina ("City") and The Watershed Company, ("Consultant") dated July 31, 2009.
WHEREAS, City and Consultant entered into the original Agreement to provide
professional services associated with updating the City's Shoreline Management Program; and
WHEREAS, the original agreement was amended once before (Amendment No. 1) to
modify the scope, term and maximum compensation of the agreement; and
WHEREAS, the City and the Consultant wish to further modify the scope, term and
maximum compensation of the agreement;
NOW, THEREFORE, City and Consultant agree as follows:
Exhibit A is hereby amended and restated in its entirety to read as follows:
This confirms the agreement between the City of Medina and The Watershed Company
for shoreline master program update services.
A. The services provided by The Watershed Company will be consistent with the
scope of work listed in paragraph B, which will be authorized via written task order or
email or other written request.
B. This paragraph presents The Watershed Company's scope of work for the City of
Medina Shoreline Master Program (SMP) Update. The scope of work is consistent with
the Washington State Department of Ecology (Ecology) standard scope of work and the
level of effort appropriate to the City of Medina.
The Watershed Company's goal will be to support the City of Medina's efforts to address
comments from the Washington State Department of Ecology relating to the City's
submission of a draft Medina Shoreline Master Program and related products to the
Washington State Department of Ecology.
Ongoing Communications & Coordination
1. Upon request, The Watershed Company will coordinate with Ecology, and
other agencies, such as adjacent jurisdictions engaged in similar SMP update tasks or
other appropriate entities that may have useful scientific, technical, or cultural
information, including federal agencies, salmon recovery lead entities, universities and
other institutions, individual outdoor recreators and conservationists, and organizations
with special expertise representing these interests.
Page 1 of 3
ITEM CA-6
2. The Watershed Company will coordinate work of The Watershed
Company's staff, ensuring that Tasks are completed on time and on budget, and that the
City is continuously updated on progress.
3. The Watershed Company will provide the City with monthly progress
reports, and develop and update the project schedule on a regular basis.
5. Deliverables shall include monthly progress reports and schedule updates.
Revisiting Products and Analysis as Necessary
6. The Watershed Company will assist the City in re-evaluating and
adjusting the draft Medina Shoreline Master Program and related products based on City,
public and Ecology comments.
7. The Watershed Company will assist the City in revising the draft Medina
Shoreline Master Program and related products based on City, public and Ecology
comments.
8. Related products means all documents submitted to Ecology and any
additional documents, including, but not limited to studies, reports or plans that the City
determines to be necessary in supporting submission of the draft Medina Shoreline
Master Program.
Local SMP Adoption Process
9. The Watershed Company will prepare for and attend public hearings or
other meetings as requested by the City.
C. The Consultant shall report to and work under the general supervision of the
Director of Development Services, or a person designated by the City Manager.
D. The Consultant shall neither subcontract any of the work, nor assign any rights
acquired hereunder, without obtaining prior written approval from the City.
E. The City shall have access to all books, documents, papers and records of
Consultant that are pertinent to this Agreement for the purpose of making audit,
examination, excerpts and transcripts.
F. All work products produced by Consultant under this Agreement, such as reports,
plans, specifications, data maps and documents, shall be the property of the City.
Consultant will not be held liable for the re -use or modification of work products by the
City for any other project without the express written permission of the Consultant.
Page 2 of 3
ITEM CA-6
G. Payment:
1. The City agrees to pay the Consultant on a time and materials basis for
services performed in accordance with the following staff positions and hourly billing
rates, not to exceed $18,832 for the scope of work outlined in paragraph B above:
Principal $180
Project Manager $140
GIS Analyst $95
Fisheries Biologist/Wetland Biologist $95
Planner $120
Contract Administrator $85
2. All other direct costs and sub -consultants may be charged at cost plus ten
(10) percent. Other direct costs may include, but are not limited to:
• Out -sourced reproductions (printing, copying, mounting, etc.)
• Other out -sourced services pertinent to providing professional services
2. Except as modified herein, all other terms and conditions to the Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of
2012.
THE WATERSHED COMPANY
By:_
Name:
Title:
Page 3 of 3
CITY OF MEDINA
LE
ITEM CA-7
CITY OF MEDINA
Planning Commission Meeting
March 27, 2012 Medina City Hall Council Chambers
6:00 p.m. 501 Evergreen Point Road
CALL TO ORDER
The Planning Commission meeting of March 27, 2012, was called to order at 6:00
PM by Chair O'Brien.
ROLL CALL
Present: Peter May, Heija Nunn, Judie O'Brien, Jeff Price (arrived at 6:04
PM) and Ching -Pi Wang.
Absent: Alex Morcos (excused).
Staff Present: Robert Grumbach, Development Services Director
Donna Goodman, Development Services Coordinator
Amy Summe, The Watershed Company
ANNOUNCEMENTS (6:01 PM)
Grumbach made the following announcements:
• Washington State Department of Transportation was holding an open house
on the SR 520 project that started at 4:00 PM before the meeting. He noted
they are preparing to start work on the bridge replacement project and will be
cutting trees next week. The information is available on the City's website.
• The City Council held a study session the previous day. Grumbach noted that
they established new council committees.
• The Park Board has been working on a park plan which will have goals and
policy changes affecting the comprehensive plan. The comprehensive plan
part of the park plan will be coming to the Planning Commission soon.
APPROVAL OF MINUTES (6:03 PM)
Nunn addressed the statement on page 5 of the February 28, 2012, minutes that she
had agreed to provide feedback to Grumbach on how to make the summary of the
Shoreline Master Program changes more "layman friendly". Nunn did not request the
minutes be amended, however she stated that at the time of the discussion she had
not committed to providing the feedback and did not want anyone to think she had
failed at making the executive summary layman -friendly.
MOTION WANG / SECOND MAY TO APPROVE THE FEBRUARY 28, 2012,
PLANNING COMMISSION MINUTES AS SUBMITTED. APPROVED 6-0 (6:04
PM).
ITEM CA-7
AUDIENCE PARTICIPATION (6:05 PM)
There were no comments from the audience at this time.
PUBLIC HEARING — LEGISLATIVE:
1) Comprehensive Update of the Medina Shoreline Master Program
Grumbach provided a presentation summarizing the work that had been performed
on this project. He explained that it had started in April of 2010 with an Open House,
which was followed by the formation of a citizens' advisory committee. The citizen
advisory committee held six meetings. The planning commission held 13 meetings.
He noted this provided ample opportunity for public comments to be received. He
also noted that comments were received from twenty-one individuals and groups.
Grumbach explained that the guiding principles for the update had been:
To maintain the existing regulations as much as possible while meeting the
2003 Department of Ecology shoreline master program guidelines.
• To make the regulations more clear and detailed.
• To respect the private property rights of waterfront property owners.
Grumbach explained that an inventory of the shoreline had been performed using
GIS mapping, and addressed the shoreline inventory findings.
Grumbach provided a summary review of the work that had taken place; beginning
with the goals and policies, the regulations, the administrative provisions, and the
development standards, which included shoreline setbacks, minimum water frontage
and lot width standards, and impervious surface and height standards, etc. He also
mentioned regulations for piers and docks, covered moorage & boatlifts, public
access based on the state requirements, the no -net -loss analysis and mitigation
sequencing, nonconforming development, tree management and vegetation, which is
based on the existing code, and the critical areas regulations.
At the end of the presentation, Grumbach briefed the commissioners on three
proposed additional changes for the commission to consider, based on recent
comments received:
• Change 1: Modifying the fish and wildlife habitat conservation provisions to state
that Lake Washington itself was not a critical area, but that fish and wildlife habitat
could be located within the lake. This change was suggested after Grumbach
talked with Ecology and got better clarification of the changes in state law on this
subject.
Change 2: Allowing boatlifts to be placed beyond the 100 feet limit on
nonconforming piers. This change was suggested after receiving comments at
the March 14 open house.
Planning Commission Minutes Page 2 March 27, 2011
ITEM CA-7
• Change 3: Allowing small-scale accessory aquaculture activity (farming of fish).
This change was developed following receipt of comments from the Muckleshoot
Tribe and it was noted that Medina has property owners who raise fish.
Chair O'Brien opened the public hearing to public comments and announced that the
public would also be able to comment during the commission's discussion portion of
the meeting.
Suzanne Cohen, resident, commented that the document had come a long way since
the beginning of the process and appreciated all the efforts made. She also
presented a copy of a scholarly article on the subject of the effects of pollution on the
spawning of coho salmon. Cohen stated that the article reveals that a study over ten
years and over multiple areas found that coho salmon died before they were able to
spawn in restored areas in urban streams, with evidence that the cause was
exposure to metals from motor vehicles. Cohen suggested that no matter how much
mitigation is required of shoreline property owners, it is troubling that the regulations
which burden waterfront property owners will not have the desired result and will not
change the toxic effects on polluted waterways. She suggested that updates to
Medina's stormwater system are needed to protect Lake Washington.
Cohen asked that the commission request that the City begin working on stormwater
issues to make a meaningful change to the water quality in Medina.
Murray Sargent, resident, stated from the audience that the new SR-520 project will
do a lot to improve the situation of run-off into the lake.
Grumbach added that currently SR-520 has no controls for run-off into the lake and
that the SR-520 project will include new facilities to meet current standards. He
explained that stormwater controls are required to be put into place at the time new
construction occurs and that the SR 520 project should improve the runoff pollution
into the lake in Medina. In response to a comment about Medina Creek, he added
that the City does have a restoration plan for the Medina Creek, but currently there
are no funds to implement it.
Cohen expressed frustration that funds are being spent on the 84th Avenue project,
but that there is no money for the environment.
Steve Burnstead, resident, questioned if the modifications to the tree code expected
to occur later this year would be incorporated into the final document. Grumbach
responded that they would.
OTHER BUSINESS
1) Deliberation on Draft Shoreline Master Program Update (6:34 PM)
MOTION PRICE / SECOND MAY TO APPROVE A RECOMMENDATION TO THE
CITY COUNCIL REGARDING THE CITY'S SHORELINE MASTER PROGRAM TO
REPEAL THE EXISTING SHORELINE MASTER PROGRAM, ADOPT A REVISED
SHORELINE MASTER PROGRAM AS PRESENTED BY STAFF, INCLUDING THE
Planning Commission Minutes Page 3 March 27, 2011
ITEM CA-7
THREE PROPOSED CHANGES, AND TO AMEND THE MEDINA
COMPREHENSIVE PLAN TO IMPLEMENT THE REVISIONS TO THE
SHORELINE MASTER PROGRAM.
Discussion followed the motion, including the proposed language occurring in
Subsection 20.60.210(H) of proposed change #3.
MOTION MAY / SECOND PRICE TO AMEND THE ORIGINAL MOTION TO
CHANGE THE LANGUAGE IN SECTON H OF PROPOSED CHANGE #3 FROM
"DOES NOT PRODUCE NOISE, ODORS, OR SIMILAR IMPACTS THAT
NEGATIVELY AFFECT ADJACENT PROPERTY..." TO "DOES NOT PRODUCE
NOISE, ODORS, OR OTHER IMPACTS THAT NEGATIVELY AFFECT ADJACENT
PROPERTY...".
Discussion followed the motion for the amendment. Wang expressed concern
regarding who makes the decision about what negatively impacts the neighbor.
Grumbach explained that that would be evaluated during the permitting process by
the hearing examiner or the planner based on the evidence presented and they
would make that call. He added that noise standards are in place but the issue of
odors is more subjective and it could be that experts could be brought in to help with
an evaluation.
Wang expressed concern that these subjective decisions would be made by
administrative personnel, however, he felt it was unlikely that this type of activity
would occur in Medina.
AMENDMENT TO MOTION APPROVED, 5-0 (6:42 PM)
Nunn raised the question about the critical areas language in Change #1, Subsection
20.67.070(A)(3) and (7), regarding Habitats and Species of Local Importance. She
indicated that it may not make sense for the council to make determinations
regarding species protections, as opposed to relying on the Department of Ecology.
MOTION NUNN / SECOND PRICE TO AMEND THE SMP CRITICAL AREAS
LANGUAGE TO DELETE SUBSECTIONS 20.67.070(A)(3) AND (7).
Discussion followed.
Amy Summe, Consultant, explained that the language in question comes from the
Growth Management Act. It is not required, but it creates a process to allow local
governments to designate a species of local importance. She said it is not often
used, however it has been used by other state and local jurisdictions.
AMENDMENT TO MOTION DENIED 1-4 (NUNN IN FAVOR; O'BRIEN, PRICE,
WANG, MAY AGAINST). (6:52 PM) 11
There was no further discussion.
Planning Commission Minutes Page 4 March 27, 2011
ITEM CA-7
ORIGINAL MOTION AS AMENDED APPROVED 4 - 1 (O'BRIEN, PRICE, WANG,
MAY IN FAVOR; NUNN AGAINST). (6:53 PM)
ADJOURNMENT
MOTION MAY / SECOND NUNN TO ADJOURN MARCH 27, 2012, PLANNING
COMMISSION MEETING. APPROVED 5 -0. (6:59 PM)
The next (Special) Planning Commission meeting is scheduled for Tuesday, April 3,
2012, at 6:00 PM.
Minutes taken by:
Donna Goodman
Development Services Coordinator
Planning Commission Minutes Page 5 March 27, 2011
ITEM CA-8
CITY OF MEDINA
Planning Commission Special Meeting
April 3, 2012 Medina City Hall Council Chambers
6:00 p.m. 501 Evergreen Point Road
CALL TO ORDER
The Planning Commission special meeting of April 3, 2012, was called to order at
6:00 PM by Chair O'Brien.
ROLL CALL
Present: Peter May, Alex Morcos, Judie O'Brien and Jeff Price
Absent: Heija Nunn, Ching -Pi Wang (excused).
Staff Present: Robert Grumbach, Development Services Director
Donna Goodman, Development Services Coordinator
Christopher Ruiz, City Engineering Consultant
PUBLIC HEARINGS
QUASI-JUDICIAL:
File: No. CMP 12-005.
Address: 538 Overlake Drive East
Applicant: Eric Drivdahl, Gelotte Hommas Architecture (Agent)
Proposal: To demolish an existing single-family dwelling and construct a new
single-family dwelling, retaining walls, multipurpose sports court and spa. Site
work will include excavating up to 2,600 cubic yards of earth and importing 380
cubic yards of fill. Included in the work will be repair of an existing dock,
installation of a geothermal system and restoration of existing beach and
bulkhead.
Chair O'Brien asked if commissioners had any disclosures to make under the
Appearance of Fairness Doctrine. Price declared that he previously worked with the
property owner. There were no other disclosures. Chair asked if there were any
challenges to any of the commissioners hearing the case. There were none.
Chair O'Brien described how the hearings would be conducted.
Ruiz introduced the staff report dated March 27, 2012, with Exhibits 1-12. He stated
that a public comment had been received from one adjacent property owner who was
concerned with restoration of the private lane. Ruiz indicated that the applicant had
agreed to accept responsibility for restoring the shared lane at the end of the project.
Ruiz mentioned that a crane would be used, but that the applicant had provided a
crane plan. It was mobile and would not be operated over other properties.
ITEM CA-8
Ruiz recommended approval of the Construction Mitigation Plan with conditions 1-4
shown on page 9 of the staff report:
Ruiz answered questions from the commissioners. In response to why there was no
truck plan, Ruiz explained that the project is very near the city limits and that trucks
will be exiting without passing through the city.
When asked, Eric Drivdahl, representing the applicant, indicated that the duration of
the project was expected to be approximately 16 months.
Chair O'Brien asked if consideration had been given to the schools. Ruiz responded
that he was not aware of any bus routes or drop-offs near that location.
MOTION MAY / SECOND PRICE TO APPROVE CONSTRUCTION MITIGATION
PLAN NO. CMP-12-005, LOCATED AT 538 OVERLAKE DR. E., IN ACCORDANCE
WITH THE RECOMMENDATIONS OF THE CONSULTANT AND WITH THE
CONDITIONS OUTLINED IN THE STAFF REPORT. APPROVED 4 -0. (6:10 PM)
2. File: No. C-3088
Address: 1403 Evergreen Point Road
Applicant: Ralph Christensen (Agent)
Proposal: To construct a new 4,245 square foot addition to the existing single-
family dwelling, a new swimming pool, spa and cabana. Grading will involve
excavating and filling 587 cubic yards of earth within a geologically hazardous
area
Chair O'Brien asked if commissioners had any disclosures to make under the
Appearance of Fairness doctrine. Price declared that his son attends school with the
applicants' child. There were no other disclosures. Chair asked if there were any
challenges to any of the commissioners hearing the case. There were none.
Ruiz introduced the staff report dated March 27, 2012, with Exhibits 1-9. He reported
that no additional comments or exhibits had been received subsequent to the staff
report. Exhibit 6 includes a public comment from an adjacent property owner with
concerns regarding the access to the site. Ruiz noted that the applicant had
addressed mitigation. He indicated that staff recommended approval, with additional
conditions, including the requirement that the applicant provide pre -construction
photographs prior to beginning work, and that the property owner be responsible for
repairing the private road after construction is completed.
Ralph Christensen, representing the applicant, added that the existing cabana lies
entirely in the side yard setback, that it will be demolished, and that the new
accessory structure will conform to the current codes.
Price asked about the concern from the neighbor with regard to shifting the access
entry point of the property. Ruiz responded that it was not addressed under the
construction mitigation plan. Grumbach explained that the City does not have the
Planning Commission Minutes Page 2 April 3, 2012
ITEM CA-8
authority to require that the access be changed. Ruiz explained that the access lies
between two trees and that it is not easily shifted, however if the property were to be
completely redeveloped, the city would have the authority to require that it be brought
into conformance.
Chair O'Brien asked about the property and Christensen showed a site plan to
demonstrate the layout of the site.
Chair O'Brien also commented that there is a bus stop at the corner of N.E. 14tn
Street. Ruiz explained that excavation activity would be minimal with a duration of
one to two weeks expected during the summer months. However, the Commission
could add a condition regarding the bus stop if they wished.
There were no further questions or comments.
MOTION MAY / SECOND MORCOS TO APPROVE CONSTRUCTION MITIGATION
PLAN NO. CMP-3088, LOCATED AT 1403 EVERGREEN POINT ROAD, IN
ACCORDANCE WITH THE RECOMMENDATIONS OF THE CONSULTANT WITH
THE CONDITIONS OUTLINED IN THE STAFF REPORT AND THE ADDED
CONDITION THAT EXCAVATION AND TRUCK USE IS TO BE LIMITED DURING
SCHOOL BUS DROP OFF AND RETURN TIMES. APPROVED 4 -0. (6:20 PM)
ADJOURNMENT
MOTION MAY / SECOND PRICE TO ADJOURN APRIL 3, 2012, SPECIAL
PLANNING COMMISSION MEETING. APPROVED 4 -0. (6:21 PM)
The next Planning Commission meeting is scheduled for Tuesday, April 24, 2012, at
6:00 PM.
Minutes taken by:
Donna Goodman
Development Services Coordinator
Planning Commission Minutes Page 3 April 3, 2012
Medina City Council Regular Meeting ITEM PH-1/ OB-1
Monday, May 14, 2012
AGENDA BILL
Ordinance Adopting the Updated Shoreline Master Program and
Subject: authorizing its submittal to the Department of Ecology
Category: ❑ Consent ® Ordinance ® Public Hearing
9
❑ City Council Business ❑ Resolution ❑ Other - Discussion
Prepared By: Robert J. Grumbach, AICP, Director of Development Services
Summary: The City is required to conduct a comprehensive update of its shoreline
master program (SMP) to be consistent with the state guidelines set forth in WAC 173-
26. The deadline to complete this update was December 2011. The development of
the updated SMP has involved more than two years of effort and included two open
houses, seven Citizen Advisory Committee meetings, 13 Planning Commission
meetings, a Planning Commission public hearing, and three study sessions with the City
Council.
The proposed SMP is based on and incorporates provisions that recognize existing
shoreline development and ecological functions, priorities of Medina shoreline
homeowners, and established policies and measures intended to avoid further
degradation of key shoreline ecological functions. The guiding principles include (1)
maintaining existing regulations while meeting the state guidelines; (2) make the
regulations clearer and more detailed to provide better consistency in interpretation; and
(3) respect private property rights of waterfront property owners. In addition to Lake
Washington, the shoreline jurisdiction includes 4.5 lineal miles of shoreline, 106.53
acres of upland area, 209 waterfront parcels, 186 piers and docks, and 3.49 lineal miles
of armored (bulkhead) shoreline.
The proposed ordinance is based on the Planning Commission's recommendation. The
City received informal comments from Ecology on April 19, which is available to be read
on the City's website. Where inconsistency with language in state law was identified,
the language in the Planning Commission's recommendation was revised. Additionally,
some language was revised to provide better clarity.
Pursuant to the decided approach to wait until comments were received from Ecology
before revising the shoreline critical areas regulations, Ecology's comments were used
to help make substantive changes to Chapter 20.67. A summary of the changes can be
found in the attached memorandum. Finally, following comments from the City
Attorney, references to "subtitle" were deleted and chapters 20.60 through 20.67
inserted. This reflects that the use of "subtitles" relates mostly to the organizational
structure of the codes and not necessarily to how codes are adopted or referenced
within codes.
Note 1: If the City Council is satisfied with the Planning Commission's recommendation
with the proposed revisions, the ordinance is ready to be acted on at the May 14
meeting. If additional deliberations are desired, action can be taken at a future meeting.
Note 2: Attachments B and C are the same as previously distributed and can be viewed
on the City's website. Ecology's comments may also be viewed on the City's website.
Medina City Council Regular Meeting
Monday, May 14, 2012
ITEM PH-1/ OB-1
Attachments:
Memorandum — Summary of Revisions to the Planning Commission Recommendation
Draft Ordinance
Attachment A — Shoreline Development Regulations
Budget/FiscalImpact: Unknown
Staff
Recommendation: Approve
City Manager
Motion to approve an Ordinance (1) repealing the existing shoreline
master program, (2) adopting a revised shoreline master program, (3)
adopting Chapters 20.60 through 20.67 of the Medina Municipal Code to
implement and codify the revised shoreline master program, and (4)
amending the Medina Comprehensive Plan to implement revisions to the
Proposed shoreline master program; and to authorizing staff to submit the ordinance
Council Motion: and all related documents for submission to the Department of Ecology
ITEM PH-1 / OB-1
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.451.8197 (fax) wwwnwdina-wa.aov
MEMORANDUM
To: City Council
From: Robert J. Grumbach, AICP
Date: May 14, 2012
Subject: Revisions to the Planning Commission's SMP Recommendation
The City received informal comments from Ecology regarding the draft shoreline master
program on April 12. After reviewing the comments, suggested revisions to the
Planning Commission's recommendation are proposed. The table below summarizes
these proposed revisions.
Please note that the proposed revision do not reflect all of Ecology's comments. Except
for critical areas, and a minor revision to the tree preservation language, the revisions
are intended to only clear up inconsistencies with the state guidelines that are easily
identifiable, and language that is unclear in the current draft. The revisions to the critical
areas regulations reflect the approach that we would update these requirements after
receiving comments from Ecology.
Where
Revision
Comment
Page 7
Changed ordinary high water line to
ordinary high water mark
Consistency with state guidelines
Page 7
Added definition for float
Provides better clarity
Page 13
Added definition for wetland
Consistency with state guidelines
Page 14
Added appurtenant structures
Provides better clarity
Page 15
Changed ordinary high water line to
ordinary high water mark
Consistency with state guidelines
Page 18
Changed ordinary high water line to
ordinary high water mark
Consistency with state guidelines
Page 19
Revised the language on dredging
Consistency with state guidelines
Page 21
Inserted mitigates
Provides better clarity
Page 23
Revised language on alternative planting
to reflect shoreline ecological functions
Consistency with state guidelines
Page 31
Added reference to Section 20.66.010
Provides better clarity
Page 32
Added provision for no net loss on boating
facilities
Consistency with state guidelines
Page 32
Added language allowing for a less
im actful design
Suggested by Ecology and it provides
greater flexibility
ITEM PH-1 / OB-1
Where
Page 40
Page 45
Page 45
Page 54 and 55
Page 56
Page 56
Page 57
Page 57
Page 57
Page 60
Revision
Revised language to say access to
vessels
Edited language on covered moorage
Added that the canopy material cannot be
permanent structural materials
Changed ordinary high water line to
ordinary high water mark
Revised language to better reflect the no
net loss requirement
Added a reference to the shoreline master
Moved and revised evaluating feasibility
from mitigation sequencing
Added language on when lower measures
are applied
Added language for applicant to follow
mitigation sequencing
Revised language on method for rating
trees
Comment
This is consistent with language Ecology
uses
Provides better claritv
Revisions reflects it is a canopy
Consistency with state guidelines
Provides better clarity and consistency
with state auidelines
Provides better clarity
Provides better clarity
Consistency with state guidelines
Provides better clarity and consistency
with state guidelines
Allows flexibility to make revisions in the
tree code reaardina methods
Shoreline Critical Areas
Deleted several references to "best
General available science" and replaced it with Consistency with state guidelines
current, accurate, and complete scientific
and technical information available"
Revised performance standards to reflect
General the "no net loss of shoreline ecological Consistency with state guidelines
functions" requirement"
Revised language to better connect with
General mitigation seauencina Consistency with state guidelines
General
Revised critical areas references to
include buffers
Page 67
Moved purpose statement to separate
section
Page 67
Added reference to other SMP regulations
Revised definition section to include other
Page 69
SMP definitions and to clarify which
regulations control when there is a conflict
Page 70
Revised mitigation sequencing to be
consistent with state guidelines
Revised language for maintenance and
Page 71
monitoring to be consistent with the same
provisions elsewhere in the SMP
2
Provides better clarity
Provides better clarity for incorporating "no
net loss"
Provides better claritv
Provides better clarity and consistency
with state guidelines
Consistency with state guidelines
Provides better clarity
ITEM PH-1 / OB-1
Where
Revision
Comment
Added reference on financial guarantees
Page 71
to the same provisions found elsewhere in
Provides better clarity
the SMP
Revised to reflect the updated wetland
Page 73
manual we are required to use by the
Consistency with state guidelines
Washington Administrative Code
Page 74
Added provisions regarding illegal
Consistency with state guidelines
modifications to wetlands
Page 75
1 Revised Wetland buffer widths
Consistency with state guidelines
Page 78
1 Revised Wetland mitigation ratios
Consistency with state guidelines
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ITEM PH-1 / OB-1
Draft
City of Medina, Washington
Ordinance No.
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
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ITEM PH-1 / OB-1
Draft
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 WAG 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
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ITEM PH-1 / 013-11
Draft
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, 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 overtime.
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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;
1. ((GhapteF 18.08 MMG, ShWeliAe MaRagement MasteF PF9gFaFFF,-
J-.)) Chapter 18.12 MMC, Critical Areas;
((K-)) LChapter 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 Pro -gram
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 iurisdiction shall be
consistent with the requirements of this chapter and pursuant to the City shoreline
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master program set forth in Chapters 20.60 through 20.67 MMC. ((
- ----- - --------------
......
. ........ _1 . .......
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Section 6. Amend IVIIVIC 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.
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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.
�1-- ---- —C L-- ---1 -1 L--
"GeYeFed meemqe FAFwGtuFe!' FAeaR6 aRy 6#UGtUFe havin@ a re -of but not walls whi
PFGY*d86 GOV8F eF shelteF to a meeFage spaGe OF
"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.
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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.
(("MOGFage" means a plaGe, slip eF derak Wh8Fe a beat OF versel may be SeGuFed.
"M90Fage StFUGWF9" Fneans these iRstallatie% 9F faGilitie6 iRGIUdiRg Pi9FS, whaWeS,
pla#eFMS, Fampr,, delphins, buoys, quays, 9F bulkhead6, 9F any plaGe 9F StFWGtWF9
MAth the shOF9 eF upon sheFelands pFevided fOF th9 GeGuFiRg of a beat aF
wa4eFb9FA8 GFa#-))
"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,
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1 some sides of which are open and which may or may not have a permanent
2 overhead covering.
3 "Pieg' OF "de h°' meenc, a str� Gt �
((- �-�,—��.� � � ��� �� ���rao�re-e)dendingFem- the --selid land inte the water
4 whetheF fleatiRg OF UPOR piles 9F etheF Guppeks.))
5 "Primary residential building" means the building in which the primary dwelling unit of
6 the building site is located.
7 "Repair' means the replacement or renewal of any part of an existing structure for
8 the purpose of its maintenance.
9 "Rockery" means a soil retaining or stabilizing structure composed of stacked rock
10 that is not attached together by any bonding agent, such as mortar.
11 "Setback area" means the area of building site between the property line and the
12 limits set by city regulations within which no permanent structure may intrude.
13 ((",Sh^rnliRe" meaR6 the line defined by elevetien enn4e r 22 n h'eh 1 tm 9622
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15 ,
16 the See Level Datum of 1929.))
17 "Single-family dwelling" means a detached dwelling house that is limited in design to
18 the accommodation of one family, its household staff and guests. A single-family
19 dwelling may have accessory recreational buildings in addition to a detached garage
20 which may include a beach and/or playhouse and having no more than one room
21 plus a bathroom and otherwise not designed for habitation. A single-family dwelling
22 may be occupied by the members of one family alone, its guests and household
23 staff; provided, however, that it is not a violation of this title for the renter or owner of
24 any dwelling to provide lodging for persons not attached to the renter's or owner's
25 family so long as such use is incidental to the use of the dwelling for residence
26 purposes.
27 "Site area," for the purpose of this title, means dry land area which is further defined
28 as land area exclusive of shorelands, except those which by recession of water have
29 become dry land. Dry land created by bulkheading shall not be counted as site area
30 except as specifically permitted by this code.
31 Site Area, Gross. "Gross site area" means the total area of a building site falling
32 within the metes and bounds of the building site.
33 Site Area, Net. "Net site area" means the area of a building site after all of the area of
34 vehicular private lanes, vehicular rights -of -way, vehicular private lane turnarounds or
35 any other vehicular easement for public or private use has been deducted from the
36 gross site area.
37 "Site width" means the dimension between side property lines measured at a right
38 angle to the centerline of the building site. (See Exhibit at the end of this section).
39 "Sport court" means an area of ground defined by permanent surfacing, equipment
40 and/or fencing for the purpose of playing tennis, badminton, basketball and similar
41 social games.
42 "Story' means that portion of a building included between the upper surface of any
43 floor and the upper surface of the floor next above, except that the topmost story
44 shall be that portion of a building included between the upper surface of the topmost
45 floor and the ceiling or roof.
46 "Structural coverage," "site coverage" and "lot coverage" all mean the total surface
47 area of a site covered by buildings, structures, patios and sports courts, to include
48 surface areas directly beneath roof eaves. The following items are not included in
49 calculating structural coverage, site coverage or lot coverage:
50 1. Area of pervious site area or decorative plantings or water features under roof
51 eaves;
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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.
(('WateFfFent GtFUGtWe" FAeaRs aRy 6tFUGtWe built at OF alaRg the 6hGFeIiRe OF eveF
the -and- paFtiGuIaFly bulkhead-g- and mon-Fage faGilities-))
Section 7. Amend IVIIVIC 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 ((GhapteF 17
MAAG)). 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 17.20.01 OC -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
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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.
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
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
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See note blow I11"Mum
25128 feet 8uilding Er
OrhJnsV Finished Gre Low
ITEM PH-1 / OB-1
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Parallel Plane
• _. _ T _
25J 28 feet
dght
High
Measurement Points at
extenor side of weds
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 (( )). 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
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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 IVIIVIC 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 MMG)). 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.
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I Section 13. Amend MMC 18.12.040.
2 Municipal Code is amended to read:
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ITEM PH-1 / OB-1
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Section 18.12.040 of the Medina
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 iurisdiction set
forth in Chapters 20.60 through 20.67 MMC. Where critical areas are located within
the shoreline iurisdiction, 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.
((G-.)) 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.
((Q.)) fLCompliance 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;
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ITEM PH-1 / OB-1
Draft
1 sensitivity to habitat alteration; and/or recreational, commercial, or tribal
2 importance. Priority habitats are those habitat types or elements with unique or
3 significant value to a diverse assemblage of species. A priority habitat may
4 consist of a unique vegetation type or dominant plant species, a described
5 successional stage, or a specific structural element. Priority habitats and species
6 are identified by the State Department of Fish and Wildlife.
7 3. Habitats and Species of Local Importance. Habitats and species of local
8 importance are those identified by the city of Medina as approved by its council,
9 including those that possess unusual or unique habitat warranting protection.
10 4. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those
11 ponds under 20 acres and their submerged aquatic beds that provide fish or
12 wildlife habitat, including those artificial ponds intentionally created from dry
13 areas in order to mitigate impacts to ponds. Naturally occurring ponds do not
14 include ponds deliberately designed and created from dry sites, such as canals,
15 detention facilities, wastewater treatment facilities, farm ponds, temporary
16 construction ponds, and landscape amenities, unless such artificial ponds were
17 intentionally created for mitigation.
18 5. Waters of the State. In the city of Medina, waters of the state include lakes,
19 ponds, streams, inland waters, underground waters, and all other surface waters
20 and watercourses within the jurisdiction of the state of Washington, as classified
21 in WAC 222-16-031, not including Type S or Type 1 Waters.
22 6. State Natural Area Preserves and Natural Resource Conservation Areas. Natural
23 area preserves and natural resource conservation areas are defined,
24 established, and managed by the State Department of Natural Resources.
25 7. Land found by the Medina City Council to be essential for preserving connections
26 between habitat blocks and open spaces.
27 B. All areas within the city of Medina meeting one or more of these criteria are hereby
28 designated critical areas and are subject to the provisions of this title.
29 Section 15. Amend 20.73.020. Section 20.73.020 of the Medina Municipal
30 Code is amended to read:
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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; ((t#e))
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.
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ITEM PH-1 / OB-1
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Section 18. Submission to Ecology. The City Manager or designee is
hereby authorized to submit this ordinance, including all other required submittal
documents, to the Washington State Department of Ecology.
Section 19. Effective Date. This ordinance shall not go into effect until
approved by the Washington State Department of Ecology consistent with RCW
90.58.090.
PASSED BY THE CITY COUNCIL ON THIS — DAY OF —, 2012 AND SIGNED
IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF —, 2012.
Approved as to form:
Bruce Disend, City Attorney
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Michael Luis, Mayor
Attest:
Rachel Baker, City Clerk
Attachment A
Subtitle 20.6
Shoreline Master Program
4
5 Chapters:
6
20.60
General Provisions
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20.61
Shoreline Environmental Designations
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20.62
Shoreline Use Regulations
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20.63
Shoreline General Development Standards
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20.64
Use Specific Shoreline Development Standards
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20.65
Shoreline Modifications
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20.66
General Shoreline Regulations
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20.67
Critical Areas in Shoreline
14
SMP Attachment A
Attachment A
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Chapter 20.60
General Provisions
Sections:
20.60.010
Title.
20.60.020
Introduction.
20.60.030
Purpose.
20.60.040
Authority.
20.60.050
Applicability.
20.60.060
Administration.
20.60.070
Relationship to other plans and regulations.
20.60.080
Interpretation.
20.60.090
Liberal construction.
20.60.100
Violations and Penalties.
20.60.200
Definitions — General Provisions.
20.60.210
"A" definitions.
20.60.211
"B" definitions.
20.60.212
"C" definitions.
20.60.213
"D" definitions.
20.60.214
"E" definitions.
20.60.215
"F" definitions.
20.60.216
"G" definitions.
20.60.217
"H" definitions.
20.60.218
"1" definitions.
20.60.219
"J" definitions.
20.60.221
"L" definitions.
20.60.222
"M" definitions.
20.60.223
"N" definitions.
20.60.224
"O" definitions.
20.60.225
"P" definitions.
20.60.226
"Q" definitions.
20.60.227
"R" definitions.
20.60.228
"S" definitions.
20.60.229
"T" definitions.
20.60.230
"U" definitions.
20.60.231
W" definitions.
20.60.232
"W" definitions
20.60.010 Title.
Chapters 20.60 through 20.67 of the Medina Municipal Code shall be known as, and may be
cited as, the "Medina Shoreline Master Program."
20.60.020 Introduction.
The Shoreline Management Act of 1971 (Act) was adopted by the public in a 1972 referendum
"to prevent the inherent harm in an uncoordinated and piecemeal development of the state's
shorelines."
A. The Act advances the following broad policies:
1. Encourage water -dependent uses along the shoreline;
2. Protect the resources and ecology of the shoreline; and
SMP Attachment A
2
Attachment A
1 3. Promote public access of the shoreline environment.
2 B. The Act, and the City, recognizes the protection of private property rights while aiming to
3 preserve the quality of unique shoreline resources.
4 C. The primary purpose of the Act is to provide for the management and protection of shoreline
5 resources by planning for reasonable and appropriate uses through a coordinated planning
6 program between the state and local jurisdictions.
7
8 20.60.030 Purpose.
9 The purpose of the shoreline master program is to:
10 A. Carry out the responsibilities imposed by the Act;
11 B. Promote the public health, safety and general welfare by guiding future development of
12 shoreline resources within the City;
13 C. Comply with the Shoreline Master Program Guidelines set forth in Chapter 173-26 WAC.
14
15 20.60.040 Authority.
16
17 Chapters 20.60 through 20.67 of the Medina Municipal Code are adopted under the authority of
18 Chapter 90.58 RCW and Chapter 173-26 WAC.
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20 20.60.050 Applicability.
21
22 A. The requirements of the shoreline master program apply to all uses and development
23 occurring within the City's shoreline jurisdiction as defined in RCW 90.58.030 including:
24 1. Lake Washington; and
25 2. Areas extending landward 200 feet from the ordinary high water mark of Lake
26 Washington.
27 B. Shoreline jurisdiction shall not include buffer areas for wetlands or streams that occur within
28 shorelines jurisdiction, except those buffers contained within lands extending landward 200
29 feet from the ordinary high water mark of Lake Washington.
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31 20.60.060 Administration.
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33 A. All uses and development proposals within the shoreline area should be evaluated in terms
34 of the shoreline master program. All uses and development proposals, including those that
35 do not require a permit, must comply with the policies and regulations established by the Act
36 as expressed through the shoreline master program.
37 B. The Director is vested with responsibility for administering the shoreline master program
38 consistent with this shoreline master program and applicable provisions of the Act.
39 C. No development may be undertaken or is authorized unless it is consistent with the policies
40 and provisions of the shoreline master program and the Act.
41 D. Shoreline permits, and shoreline exemptions, shall be processed in accordance with the
42 requirements set forth in Chapter 20.80 MMC and the approval criteria specified for
43 shoreline permits.
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45 20.60.070 Relationship to other plans and regulations.
46
47 A. The Medina Comprehensive Plan provides the underlying planning framework within which
48 the shoreline master program fits. The policies found in the Shoreline Management Sub-
49 Element of the Comprehensive Plan are incorporated as an element of the shoreline master
50 program.
SMP Attachment A
Attachment A
1 B. The shoreline master program shall apply as an overlay and in addition to: zoning, land use
2 regulations, development regulations, and other regulations established by the City.
3 C. In the event of a conflict between the regulations in this shoreline master program and any
4 other applicable regulations of the City, the regulation that provides the greater protection of
5 shoreline ecological functions and aquatic habitat shall prevail.
6
7 20.60.080 Interpretation.
8
9 A. The Director is authorized to make written interpretations of the shoreline master program
10 whenever necessary for clarification or to resolve a conflict within these regulations.
11 Interpretations are a Type 1 decision processed pursuant to Chapter 20.80 MMC.
12 B. Any person may submit a written request for an interpretation to the Director, or the Director
13 may issue an interpretation on their own initiative.
14 C. A request for an interpretation shall address the following decision criteria:
15 1. The defined or common meaning of the word or words in the provision; and
16 2. The general purpose of the provision as expressed in the section or chapter where the
17 provision is found;
18 3. The logical or likely meaning of the provision viewed in relation to the Act and the
19 shoreline master program;
20 4. Consistency with the policies and provisions set forth in Chapter 90.58 RCW, and
21 Chapters 173-26 and 173-27 WAC;
22 5. Consistency with the goals and policies set forth in the Shoreline Sub -Element of the
23 Medina Comprehensive Plan; and
24 6. Consistency with other elements of the shoreline master program.
25 D. The Director shall consult with the Washington State Department of Ecology for consistency
26 of the interpretation with the Act and the shoreline master program before issuing a written
27 interpretation.
28 E. A written interpretation shall have the effect and be enforced as if it is part of the shoreline
29 master program.
30 F. A record of all written interpretations shall be maintained by the City and be available for
31 public inspection and copying during regular business hours.
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33 20.60.090 Liberal construction.
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35 As provided in RCW 90.58.900, the Shoreline Management Act is exempted from the rule of
36 strict construction; the Act and the shoreline master program shall therefore be liberally
37 construed to give full effect to the purposes, goals, objectives, and policies for which the Act and
38 the shoreline master program were enacted and adopted, respectively.
39
40 20.60.100 Violations and Penalties.
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42 Violation of any provision of the shoreline master program shall be subject to the enforcement
43 provisions and penalties in Chapter 1.15 MMC and WAC 173-27-240 through 173-27-310.
44
45 20.60.200 Definitions — General Provisions.
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47 A. Words in this shoreline master program used in the singular shall include the plural, and the
48 plural shall include the singular, unless the context clearly indicates otherwise.
49 B. The definitions in this chapter shall apply to the shoreline master program and they should
50 be used in conjunction with other definitions found in title 17 and title 20 MMC. However,
51 these definitions are not intended to replace or alter similar definitions found elsewhere
SMP Attachment A 4
Attachment A
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within the Medina Municipal Code except where specifically applied to the shoreline master
2
program.
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20.60.210 "A" definitions.
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A.
"Act' means Chapter 90.58 RCW, the Shoreline Management Act of 1971, as hereafter
7
amended.
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B.
"Accessory dwelling unit' means a dwelling unit subordinate to a single-family dwelling unit
9
which:
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a. Is located within the single-family dwelling unit; or
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b. Is located within an accessory building as defined by the zoning code.
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C.
"Accessory structure, use or activity" means a structure or part of a structure, use, or activity,
13
which is incidental and subordinate to a permitted principal use or building.
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D.
"Adult family home" means a residential home in which a person or persons provide
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personal care, special care, room, and board to more than one but not more than six adults
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who are not related by blood or marriage to the person or persons providing the services
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provided, however, any limitation on the number of residents resulting from this definition
18
shall not be applied if it prohibits the City from making reasonable accommodations to
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disabled persons in order to afford such persons equal opportunity to use and enjoy a
20
dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b).
21
E.
"Agricultural activities" means agricultural uses and practices as defined in WAC 173-26.020
22
and amendments thereto.
23
F.
"Alternative energy facilities" means energy generating facilities using (a) wind; (b) solar
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energy; (c) geothermal energy; (d) or wave or tidal action where such facilities have
25
noncommercial purposes, primarily supports the use that the facilities are accessory to, and
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comply with local development regulations.
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G.
"Aquaculture" means the culture or farming of food fish, shellfish, or other aquatic plants and
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animals.
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H.
"Aquaculture, accessory" means the noncommercial culture or farming of food fish, shellfish,
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or other aquatic plants and animals, which is located on the same lot of a principle use such
31
as a single-family dwelling, and in which such activity does not produce noise, odors, or
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other impacts that negatively affect adjacent property owners enjoyment of their property.
33
I.
"Average grade level' means the average of the natural or existing topography of the portion
34
of the lot, parcel, or tract of real property which will be directly under the proposed building
35
or structure: In the case of structures to be built over water, average grade level shall be the
36
elevation of the ordinary high water mark. Calculation of the average grade level shall be
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made by averaging the ground elevations at the midpoint of all exterior walls of the
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proposed building or structure.
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20.60.211 "B" definitions.
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A.
"Bioengineering" means project designs or construction methods that use live woody
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vegetation or a combination of live woody vegetation and specially developed natural or
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synthetic materials to establish a complex root grid within the existing bank that is resistant
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to erosion, provides bank stability, and maintains a healthy riparian environment with habitat
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features important to fish life.
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B.
"Boathouse" means an overwater structure with walls and a roof designed for the storage of
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boats, but does not include covered moorage.
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C.
"Boat launch" means graded slopes, slabs, pads, planks, or rails used for launching boats
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by means of a trailer, hand, or mechanical device.
SMP Attachment A
Attachment A
1 D. "Boat lift" means any lift for motorized boats, kayaks, canoes and jet skis; including floating
2 lifts that are designed to not contact the substrate of the Lake; ground -based lifts that are
3 designed to be in contact with or supported by the substrate of the Lake; and suspended lifts
4 that are designed to be affixed to the existing overwater structure with no parts contacting
5 the substrate.
6 E. "Breakwater" means a protective structure that is normally built offshore to provide
7 protection from wave action.
8 F. "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to
9 and near the ordinary high water line and/ or the ordinary high water mark consisting of
10 concrete, timber, steel, rock, or other permanent material for the purpose of protecting
11 adjacent wetlands and uplands from waves and currents.
12 G. "Buoys" means a floating object anchored in water used to mark a location, warn of danger,
13 or indicate a navigational channel.
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20.60.212 "C" definitions.
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A.
"Clearing" means cutting, grubbing or removing vegetation or other organic plant material by
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physical, mechanical, chemical or any other similar means. For the purpose of this definition
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of clearing, cutting means the severing of the main trunk or stem of woody vegetation at any
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point.
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B.
"Covered moorage" means any structure having a roof, but not walls that is permitted
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pursuant to MMC 20.65.060 to cover or shelter a moorage space or pier.
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C.
"Covered moorage area" means the gross area of the roof of the covered moorage structure
24
projected on the surface or surfaces below.
25
D.
"Critical Areas" means critical areas as defined in RCW 36.70A.030 and amendments
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thereto.
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20.60.213 "D" definitions.
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A.
"Deck" means a structure attached to a wall of a building designated, established, and/ or
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installed to provide outdoor living, cooking, and/ or recreation, some sides of which are open
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and which may or may not have a permanent overhead covering.
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B.
"Development" means a use consisting of the construction or exterior alteration of
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structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulk
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heading; driving of piling; placing of obstructions; or any project of a permanent or temporary
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nature which interferes with the normal public use of the surface of the waters overlying
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lands subject to the act at any stage of water level.
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C.
"Director' means the city manager or designee.
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D.
"Dock" means a structure that floats on the surface of the water, without piling supports, and
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which may be attached to the shore or may be anchored to submerged land. Dock facilities
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may include wharves, boat moorage, swimming, public access, and other activities that
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require access to deep water.
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E.
"Dredging" means the removal, displacement, or disposal of unconsolidated earth material
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such as sand, silt, gravel, or other submerged materials, from the bottom of water bodies,
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ditches, or natural wetlands; maintenance dredging and/or support activities are included in
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this definition.
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F.
"Dwelling" means a living space or combination of rooms designed to provide independent
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year-round living facilities for one family or household, including household staff and guest,
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constructed to the minimum standards of the Building or HUD Code, and with provisions for
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sleeping, eating and sanitation.
51
G.
"Dwelling, multi -family' means a residential structure containing two or more dwellings.
SMP Attachment A
Attachment A
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H.
"Dwelling, single-family" means a residential structure containing one dwelling.
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20.60.214 "E" definitions.
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A.
"Ecological functions, shoreline ecological functions" means the work performed or role
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played by the physical, chemical, and biological processes that contribute to the
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maintenance of the aquatic and terrestrial environments constituting the shoreline's natural
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ecosystem.
9
B.
"Ecosystem -wide processes" means the suite of naturally occurring physical and geologic
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processes of erosion, transport, and deposition; and specific chemical processes that shape
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landforms within a specific shoreline ecosystem and determine both the types of habitat and
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the associated ecological functions.
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C.
"Ell" means a terminal pier section oriented perpendicular, diagonal or linear to the pier
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walkway.
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D.
"Existing grade" means the ground elevation existing on the building site at the time an
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application for a building or other development permit is filed at the City.
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20.60.215 "F" definitions.
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A.
"Fair market value" of a development is the open market bid price for conducting the work,
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using the equipment and facilities, and purchase of the goods, services and materials
22
necessary to accomplish the development. This would normally equate to the cost of hiring
23
a contractor to undertake the development from start to finish, including the cost of labor,
24
materials, equipment and facility usage, transportation and contractor overhead and profit.
25
The fair market value of the development shall include the fair market value of any donated,
26
contributed or found labor, equipment or materials.
27
B.
"Feasible" means an action, such as a development project, mitigation, or preservation
28
requirement that meets all of the following conditions:
29
1. Can be accomplished with technologies and methods that have been used in the past in
30
similar circumstances, or studies or tests that have demonstrated in similar
31
circumstances that such approaches are currently available and likely to achieve the
32
intended results;
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2. Provides a reasonable likelihood of achieving its intended purpose; and
34
3. Does not physically preclude achieving the project's primary intended legal use.
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The burden of proving infeasibility is on the applicant in cases where these guidelines
36
require certain actions. In determining an action's infeasibility, the City may weigh the
37
action's relative public costs and public benefits, considered in the short- and long-term time
38
frames.
39
C.
"Fill" means for the purpose of the shoreline master program the placement of soil, sand,
40
rock, gravel, sediment, earth retaining structure or other material to an area waterward of the
41
ordinary high water mark, in wetlands, or on shorelands in a manner that raises the
42
elevation or creates dry land.
43
D.
"Finger" means a narrow pier section projecting from the pier walkway, typically
44
perpendicular to the walkway and located landward of an ell in order to form the near -shore
45
side of a boat -slip.
46
E.
"Float" means a structure that floats on the surface of the water that is not attached to the
47
shore but that may be anchored to submerged land. Floats are typically used for
48
swimming, diving and similar recreational activities.
49
F.
"Float plane and helicopter moorage" means a facility where water -based aircraft and/ or
50
helicopter are secured for moorage.
SMP Attachment A 7
Attachment A
1 G. "Forest practices" means any activity conducted on or directly pertaining to forest land and
2 relating to growing, harvesting, or processing timber.
3 H. "Freestanding fence or wall" means a structure located above grade that is intended to
4 provide a barrier for privacy, security or safety.
5
6 20.60.216 "G" definitions.
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is
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A. "Gabion" means a structure composed of masses of rocks or rubble held tightly together by
wire mesh (typically) so as to form upright blocks or walls.
B. "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation
conducted by a qualified expert that includes a description of the ground and surface
hydrology and geology, the affected land form and its susceptibility to mass wasting,
erosion, and other geologic hazards or processes, conclusions and recommendations
regarding the effect of the proposed development on geologic conditions, the adequacy of
the site to be developed, the impacts of the proposed development, alternative approaches
to the proposed development, and measures to mitigate potential site -specific and
cumulative geological and hydrological impacts of the proposed development, including the
potential adverse impacts to adjacent and down -current properties. Geotechnical reports
shall conform to accepted technical standards and must be prepared by qualified
professional engineers or geologists who have professional expertise about the regional and
local shoreline geology and processes.
C. "Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or
other material on a site in a manner that alters the natural contour of the land.
20.60.217 "H" definitions.
0
A
ff�*]
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"Height" is the vertical distance measured from the average grade level to the highest point
of a structure.
"Houseboat" means a structure designed and operated substantially as an overwater
residence. Houseboats are not vessels and lack adequate self -propulsion and steering
equipment to operate as a vessel.
"Horticultural activities" means cultivating plants, especially flowers, fruit, and vegetables, in
gardens or greenhouses.
20.60.218 "1" definitions.
A. "Impervious surface" means any hard surface area which either prevents or retards the entry
of water into the soil mantle as it would otherwise enter under natural conditions preexisting
to development, or any hard surface area which causes water to run off the surface in
greater quantities or at an increased rate of flow as it would otherwise under natural
conditions preexisting to development. Examples include impenetrable materials such as
asphalt, concrete, brick, stone, wood and rooftops.
20.60.219 "J" definitions.
A. "Joint -use or shared" means overwater structures that are constructed for private use by
more than one property owner.
SMP Attachment A
8
Attachment A
1
20.60.221 "L" definitions.
2
3
A.
"Land division" means the division or re -division of land into lots, tracts, parcels, sites or
4
divisions for the purpose of sale, lease, or transfer of ownership.
5
B.
"Land surface modification" means any movement or modification of earth material on any
6
site.
7
C.
"Lot' means a measured piece of land having fixed boundaries and designated on a plot or
8
survey.
9
D.
"Lot area" means the dry land area landward of the ordinary high water line.
10
E.
"Low impact development' means a set of techniques that mimic natural watershed
11
hydrology by slowing, evaporating/ transpiring, and filtering water that allows water to soak
12
into the ground closer to its source.
13
14
20.60.222 "M" definitions.
15
16
A.
"Marina" means a private or public facility providing the purchase and or lease of a slip for
17
storing, berthing and securing motorized boats or watercraft, including both long-term and
18
transient moorage.
19
B.
"Mining" means the removal of sand, gravel, soil, minerals, and other earth materials for
20
commercial and other uses.
21
C.
"MMC" means Medina Municipal Code.
22
D.
"Moorage" means a place where a boat or vessel may be secured.
23
E.
"Moorage buoy" means a floating object anchored to provide a mooring place away from the
24
shore.
25
F.
"Moorage pile" means a piling to which a boat is tied up to prevent it from swinging with
26
changes of wind, waves or other similar functions.
27
G.
"Moorage structure" means those installations or facilities including piers, wharves,
28
platforms, ramps, dolphins, buoys, quays, or bulkheads, or any place or structure connected
29
with the shore or upon shorelands provided for the securing of a boat or waterborne craft.
30
31
20.60.223
"N" definitions.
32
33
A.
"Natural or existing topography" means the topography of the lot, parcel, or tract of real
34
property immediately prior to any site preparation or grading, including excavation or filling.
35
B.
"Non -water oriented uses" means uses that are not water -dependent, water -related, or
36
water -enjoyment.
37
C.
"Nonconforming structure" means a building or structure that does not comply with the
38
required setbacks, height, structural coverage and other development requirements of the
39
shoreline master program, but was lawfully constructed prior to the effective date of the Act
40
or shoreline master program or subsequent amendments thereto and was continually
41
maintained in accordance with MMC 20.66.090. This term applies whether or not the
42
nonconformity was permitted by a variance.
43
D.
"Nonconforming use" means any activity, development, or condition that by the shoreline
44
master program is not permitted outright or permitted as an accessory use, or is not
45
permitted by a conditional use permit or other special permitting process; but was lawfully
46
created prior to the effective date of the Act or shoreline master program or subsequent
47
amendments thereto and was continually maintained in accordance with MMC 20.66.090. A
48
nonconforming use may or may not involve buildings or structures and may involve part of,
49
or all of, a building or property.
50
51
SMP Attachment A
Attachment A
1 20.60.224 "011 definitions.
2
3 A. "Ordinary high water line" means an elevation of 21.8 for Lake Washington above sea level
4 based on the National Geodetic Vertical Datum (NGVD) of 1929. This must be converted to
5 the North American Vertical Datum of 1988 (NAVD88) per City of Bellevue control points
6 within Medina City limits,
7 B. "Ordinary high water mark" means on all lakes, streams, and tidal water is that mark that will
8 be found by examining the bed and banks and ascertaining where the presence and action
9 of waters are so common and usual, and so long continued in all ordinary years, as to mark
10 upon the soil a character distinct from that of the abutting upland, in respect to vegetation as
11 that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may
12 change thereafter in accordance with permits issued by the City or Department of Ecology;
13 provided, that in any area where the ordinary high water mark cannot be found, the ordinary
14 high water mark adjoining fresh water shall be the line of mean high water.
is C. "Outfall" means a structure used for the discharge of stormwater or sewer system into a
16 receiving water.
17
18 20.60.225 IIPI' definitions.
19
20 A. "Patio" means a hard surfaced area of the ground beyond a building designed, established
21 and/ or installed to provide for outdoor living, cooking and recreation, some sides of which
22 are open and which may or may not have a permanent overhead covering.
23 B. "Pervious" means, as opposed to impervious surfaces, these are surfaces that allow water
24 to pass through at rates similar to pre -developed conditions or better. Pervious surfaces,
25 include, but are not limited to: pervious asphalt, pervious concrete, pervious gravel, grass or
26 pervious pavers.
27 C. "Pier" means a platform built on pilings or similar structures that projects over, and is raised
28 above the water and is attached to land, and that is used for boat moorage, swimming,
29 fishing, public access, or similar activities requiring access to deep water.
30 D. "Piling" means the structural supports for piers, usually below the pier decking and anchored
31 in the water.
32 E. "Provisions" means policies, regulations, standards, guideline criteria or environment
33 designations.
34 F. "Public access" means the ability of the general public to reach, touch, and enjoy the water's
35 edge, to travel on the waters of the state, and to view the water and the shoreline.
36 G. "Public interest" means the interest shared by the citizens of the state or community at large
37 in the affairs of government, or some interest by which their rights or liabilities are affected
38 including, but not limited to, an effect on public property or on health, safety, or general
39 welfare resulting from a use or development;
40
41 20.60.226 "0" definitions.
42
43 A. "Qualified Professional" means a person with relevant education, experience and training,
44 as determined by the City, in biological fields such as botany, fisheries, wildlife, soils,
45 ecology, and similar areas of specialization.
46
47 20.60.227 "R" definitions.
48
49 A. "Reconstruction" as prescribed in MMC 20.66.090 means to undertake construction within
50 and/ or on an existing building or structure which has a valid construction permit with fair-
51 market construction costs greater than 60 percent of the replacement cost of the existing
SMP Attachment A 10
Attachment A
1 building or structure being rebuilt. All project phases necessary to result in a habitable
2 building must be included. The construction cost shall be valid for a period beginning on the
3 date of permit issuance and ending 18 months after the date the permit is finalized by the
4 City.
5 B. "Replacement cost" as prescribed in MMC 20.66.090 means the square footage of the
6 structure multiplied by local building costs per square foot, or a similar method of calculation.
7 C. "Repair" means to restore something broken or damaged to good condition.
8 D. "Recreational uses" means facilities designed consistent with MMC 20.64.020 and used to
9 provide recreational opportunities to the public.
10 E. "Residential use" means development in which people sleep and prepare food, other than
11 developments used for transient occupancy. As used in the shoreline master program
12 residential development includes single-family development (known as detached dwelling
13 unit) and the creation of new residential lots through land division.
14 F. "Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading
15 of impaired ecological shoreline processes or functions. This may be accomplished through
16 measures including, but not limited to, re -vegetation, removal of intrusive shoreline
17 structures and removal or treatment of toxic materials. Restoration does not imply a
18 requirement for returning the shoreline area to aboriginal or pre -European settlement
19 conditions.
20
21 20.60.228 "S" definitions.
22
23 A. "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and
24 "shorelands" as defined in RCW 90.58.030.
25 B. "Shorelines" means all of the water areas of the state, including reservoirs, and their
26 associated shorelands together with the lands underlying them: except (i.) shorelines of
27 statewide significance; (ii.) shorelines on segments of streams upstream of a point where
28 the mean annual flow is twenty cubic feet per second or less and the wetlands associated
29 with such upstream segments; and (iii.) shorelines on lakes less than twenty acres in size
30 and wetlands associated with such small lakes.
31 C. "Shoreline Master Program" means the Medina Shoreline Master Program adopted pursuant
32 to RCW 90.58 and WAC 173-26.
33 D. "Shoreline modifications" means those actions that modify the physical configuration or
34 qualities of the shoreline area, usually through the construction of a physical element such
35 as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure.
36 They can include other actions, such as clearing, grading, or application of chemicals.
37 E. "Shoreline setback" means the distance measured in feet that a structure or improvement
38 must be located from the ordinary high water line of Lake Washington.
39 F. "Shoreline stabilization" means for protecting shoreline upland areas and shoreline uses
40 from the effects of shoreline wave action, flooding or erosion. Shoreline stabilization can be
41 separated into the following categories:
42 1. "Nonstructural" includes the planting or re -planting of native vegetation, beach
43 enhancement and similar non-structural measures;
44 2. "Structural" includes the use of structures such as bulkheads, revetments, cribs, and
45 gabions made of hard materials such as stone, concrete or timber;
46 3. "Bioengineering" includes the use of vegetation, both through planting and for structural
47 purposes such as live staking, brush layering, and brush matting;
48 4. "Biotechnical measures" includes the combination of bioengineering approaches with
49 some degree of structural design such as matting or vegetated gabion walls or
50 mattresses, vegetated cribbing, vegetated rip rap, or keyed native toe -boulders.
SMP Attachment A 11
Attachment A
1 G. "Shoreline stabilization, hard structural' means shoreline erosion control practices using
2 hardened structures that armor and stabilize the shoreline from further erosion. Hardening
3 materials typically include concrete, boulders, dimensional lumber or similar materials.
4 H. "Shoreline stabilization, soft structural' means shoreline erosion control practices that
5 contribute to restoration, protection or enhancement of shoreline ecological functions such
6 as the use of bioengineering and biotechnical measures.
7 I. "Shoreline habitat and restoration" means activities conducted for the purpose of
8 establishing, restoring, or enhancing habitat for priority species in shorelines.
9 J. "Significant vegetation removal' means the removal or alteration of trees, shrubs, and/or
10 ground cover by clearing, grading, cutting, burning, chemical means, or other activity that
11 causes significant ecological impacts to functions provided by such vegetation. The removal
12 of invasive or noxious weeds does not constitute significant vegetation removal. Tree
13 pruning, not including tree topping, where it does not affect shoreline ecological functions,
14 does not constitute significant vegetation removal.
15 K. "Structure" means a permanent or temporary edifice or building, or any piece of work
16 artificially built or composed of parts joined together in some definite manner, whether
17 installed on, above, or below the surface of the ground or water, except for vessels.
18 L. "Substantial destruction" as prescribed in MMC 20.66.090 means to remove more than 60
19 percent of the existing exterior wall framing of a building or structure, as measured by the
20 horizontal linear length of all exterior walls. Any partial removal of existing framing shall
21 count towards the measurement of horizontal linear length the same as if the entire framing
22 within that horizontal linear length was removed, except partial removal shall not include
23 replacement of windows or doors when no beams or struts are removed.
24
25 20.60.229 "T" definitions.
26
27 A. "Tram" means an electrically driven transport vehicle that runs on rails, overhead cables, or
28 similar structure to move passengers and goods up and down a hillside.
29
30 20.60.230 "U" definitions.
31
32 A. "Utilities" means services, facilities and infrastructure that produce, transmit, carry, store,
33 process or dispose of electric power, gas, water, sewage, communications, oil, storm water,
34 and similar services and facilities.
35
36 20.60.231 "V" definitions.
37
38 A. "Vessel' includes every description of watercraft, used or capable of being used as a means
39 of transportation on the water.
40
41 20.60.232 "W" definitions.
42
43 A. "Wall Framing," as prescribed in MMC 20.66.090, means the assemblage of beams and
44 struts that provide a support structure to which interior and exterior wall coverings are
45 attached. Wall framing shall not include the horizontal ceiling joists and sloping rafters used
46 for the roof.
47 B. "Water -dependent use" means a use or portion of a use which cannot exist in a location that
48 is not adjacent to the water and which is dependent on the water by reason of the intrinsic
49 nature of its operations.
50 C. "Water -enjoyment use" means a recreational use or other use that facilitates public access
51 to the shoreline as a primary characteristic of the use; or a use that provides for recreational
SMP Attachment A 12
Attachment A
1 use or aesthetic enjoyment of the shoreline for a substantial number of people as a general
2 characteristic of the use and which through location, design, and operation ensures the
3 public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to
4 qualify as a water -enjoyment use, the use must be open to the general public and the
5 shoreline -oriented space within the project must be devoted to the specific aspects of the
6 use that fosters shoreline enjoyment.
7 D. "Waterfront structure" means any structure built at or along the shoreline or over the
8 shorelands and including particularly bulkheads and moorage facilities.
9 E. "Water frontage" means the extent of land abutting water as measured pursuant to MMC
10 20.63.050(A)(2)(c).
11 F. "Water -oriented use" means a use that is water -dependent, water -related, or water-
12 enjoyment, or a combination of such uses.
13 G. "Water quality" means the physical characteristics of water within shoreline jurisdiction,
14 including water quantity, hydrological, physical, chemical, aesthetic, recreation -related, and
15 biological characteristics. Where used in this chapter, the term "water quantity" refers only to
16 development and uses regulated under this chapter and affecting water quantity, such as
17 impermeable surfaces and storm water handling practices. Water quantity, for purposes of
18 this chapter, does not mean the withdrawal of groundwater or diversion of surface water
19 pursuant to RCW 90.03.250 through 90.03.340.
20 H. "Water -related use" means a use or portion of a use which is not intrinsically dependent on a
21 waterfront location but whose economic viability is dependent upon a waterfront location
22 because:
23 1. The use has a functional requirement for a waterfront location such as the arrival or
24 shipment of materials by water or the need for large quantities of water; or
25 2. The use provides a necessary service supportive of the water -dependent uses and the
26 proximity of the use to its customers makes its services less expensive and/or more
27 convenient.
28 I. "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or
29 ground water at a frequency and duration sufficient to support, and that under normal
30 circumstances do support, a prevalence of vegetation typically adapted for life in saturated
31 soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
32 Wetlands do not include those artificial wetlands intentionally created from non -wetland
33 sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales,
34 canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
35 amenities, or those wetlands created after July 1, 1990, that were unintentionally created as
36 a result of the construction of a road, street, or highway. Wetlands may include those
37 artificial wetlands intentionally created from non -wetland areas created to mitigate
38 conversion of wetlands.
39 J. "Wireless communication facilities" means the same as given in the zoning code.
SMP Attachment A 13
Attachment A
1 Chapter 20.61
2 Shoreline Environment Designations
3
4 Sections:
5 20.61.010 Establishment of shoreline environment designations.
6 20.61.020 Shoreline jurisdiction and shoreline map.
7 20.61.030 Residential environment
8 20.61.040 Urban conservancy environment.
9 20.61.050 Aquatic environment.
10 20.61.060 Transportation environment.
11
12 20.61.010 Establishment of shoreline environment designations.
13
14 Medina's shoreline is divided into the following shoreline environment designations based upon
15 the designation criteria prescribed by this chapter:
16 A. Residential;
17 B. Urban Conservancy;
18 C. Transportation; and
19 D. Aquatic.
20
21 20.61.020 Shoreline jurisdiction and shoreline map.
22
23 The Shoreline Environment Designation Map set forth in Figure 20.61.020 is a graphic
24 representation of Medina's shorelines regulated by the shoreline master program and shall
25 serve as the official shoreline map assigning shoreline environment designations to properties
26 subject to the following:
27 A. The boundaries depicted on the map are approximate location and extent of the shoreline
28 jurisdiction with additional site -specific evaluation required to confirm and/ or verify actual
29 boundaries of the shoreline jurisdiction; and
30 B. Property lines shall be used for interpreting the boundaries of the shoreline environment
31 designations, except for the aquatic environment, which is interpreted using the ordinary
32 high water line.
33
34 20.61.030 Residential environment.
35
36 A. Purpose.
37 1. The purpose of the Residential environment designation is to accommodate single-
38 family residential development and appurtenant structures that are consistent with
39 shoreline master program.
40 2. A secondary purpose is to provide, where appropriate, public access and recreational
41 uses.
42 B. Designation Criteria.
43 1. Areas designated Residential on the shoreline map includes those areas adjacent to
44 Lake Washington that are zoned residential and developed with single-family residences
45 or vacant, and where single-family residences are anticipated to continue in the future.
46 2. This designation shall apply to areas that are upland from the ordinary high water line.
47
48
SMP Attachment A 14
Attachment A
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
20.61.040 Urban conservancy environment.
A. Purpose. The purpose of the Urban Conservancy environment designation is to protect and
restore shoreline ecological functions of open space and other sensitive lands while allowing
a variety of compatible uses.
B. Designation Criteria. Areas designated Urban Conservancy on the shoreline map are areas
appropriate and planned for development that is compatible with maintaining or restoring
shoreline ecological functions of the area, which are not generally suitable for water -
dependent uses, where any of the following characteristics apply:
1. They are suitable for water -related or water -enjoyment uses;
2. They are open space, flood plain or other sensitive areas that should not be more
intensively developed;
3. They have potential for ecological restoration;
4. They retain important shoreline ecological functions, even though partially developed; or
5. They have the potential for development that is compatible with ecological restoration.
C. Locations. Areas designated as Urban Conservancy include:
1. Medina Beach Park landward of the ordins high water mark;
2. Lake Lane (Fairweather Bay off of N.E. 78t Place) landward of the ordinary high water
mark;
3. South end of 84th Avenue N.E. landward of the ordinary high water mark near View Point
Park;
4. Privately -owned, join -use shoreline recreational lots, including:
a. Recreation Tract X conveyed by Lynn Short Plat;
b. Park Tracts B and C of Lake Crest Park Division 2 (73rd Avenue N.E.);
c. Tract A of Edgecliff Plat;
d. Parcel 194230-0044, Dehn's Addition Vacated;
e. Conservation Tract (1000 Block of Evergreen Point Road);
f. Community Beach and Road Tract (7700 Block of Overlake Drive West);
5. Areas not otherwise designated with a shoreline environment designation
20.61.050 Aquatic environment.
A. Purpose. The purpose of the Aquatic environment designation is to protect, restore, and
manage the unique characteristics and resources of the areas waterward of the ordinary
high water mark.
B. Designation Criteria. All areas including and waterward of the ordinary high water mark are
designated as Aquatic environment.
39 20.61.060 Transportation environment.
40
41
42
43
44
45
46
47
48
49
A. Purpose. The purpose of the Transportation environment designation is to accommodate
the infrastructure necessary for the SR 520 floating bridge and highway. A secondary
purpose is to ensure those areas not needed for ongoing operations are considered for
potential public access and habitat enhancement uses.
B. Designation Criteria. Areas designated Transportation on the shoreline map and are owned
by Washington State Department of Transportation for the use and associated uses of State
Route 520.
SMP Attachment A
15
Attachment A
Figure .
20.6109n'
Shoreline Enviro
Designation n
VIM
Medina Shoreline
Designat
[� = Residential
= Urban Conse
= Transportatia
Waterward OHWM
SMP Attachment A
16
Attachment A
1
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Chapter 20.62
Shoreline Use Regulations
Sections:
20.62.010 Applicability.
20.62.020 Permitted uses, prohibited uses.
20.62.030 Use table.
20.62.010 Applicability.
This chapter applies to specific uses and types of development that typically occur in shoreline
areas. This chapter is applied in conjunction with other provisions found elsewhere in the
shoreline master program.
20.62.020 Permitted uses, prohibited uses.
Uses within the shoreline jurisdiction are subject to the following:
A. Uses listed with a "P" in Table 20.62.030 are permitted, subject to a substantial development
permit or shoreline exemption;
B. Uses listed with a "CU" in Table 20.62.030 are conditionally permitted, subject to approval of
a shoreline conditional use permit;
C. Uses listed with an "X" in Table 20.62.030 are prohibited;
D. Uses not listed in the table, may be authorized as a conditional use provided the review
criteria in WAC 173-27-160, as hereafter amended, are satisfied;
E. Review procedures for deciding project permits are found in Chapter 20.80 MMC.
20.62.030 Use table.
Table 20.62.030 establishes those uses which are permitted, those uses requiring special
approval and those uses that are prohibited within each shoreline environment designation.
Table 20.62.030 Shoreline Use Table*
c +a
v
O
R
Shoreline Use
L
.0 Z
o
L.3CL
c
a
C�
H
Accessory dwelling unit
P
P
X
X
Accessory buildings/ uses located on the same
lot as a single-family dwelling other than
P
P
X
CU
specifically listed in the table
Adult family home
P
P
X
CU
Detached single-family dwelling
P
P
X
CU
Manufactured home
P
P
X
CU
Multi -family dwellings 2 attached units or more
X
X
X
X
SMP Attachment A 17
Attachment A
x
P X
X
Accessory home business
P
Water -oriented uses other than specifically listed
X
X
X
X
in the table
Non -water -oriented uses other than specifically
listed in the table
X X X X
Water -oriented uses
X
X
X
X
Non -water -oriented uses
X
X
X
X
on
y 4r
Parkin facilities — primaryX
X
X
X
Parking facilities — accessory
Same as the primary use itsupports
Local transportation including roads, bicycle and
pedestrian facilities related to permitted shoreline
P
P
X
P
activity
State transportation facilities including bridge and
associated sugeort facilities
X
X
CU
CU
"
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
P
p
CU
P
appurtenances
Alternative energy facilities - accessory to a
permitted use
P
P
CU
P
Wireless communication facilities
4
X
P
X
P
Agricultural activities
X
X
X
X
Aquaculture other than those specifically listed in
X
X
X
X
the table
A uaculture — accessory
P
P
P
P
Forest practices
X
X
X
X
Mining
X
X
X
X
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 develo 9ment X
X
X
X
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
SMP Attachment A 18
Attachment A
Marina all
x
x
x
x
Moorage, dock space, buoys and other facilities
for float lanes 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
Breakwaters/ jeffies/ rock weirs/ groins
x
CU
CU
CU
Maintenance dredging of established navigation
P
P
P
P
channels and basins
Dredging establishin-g, expanding, or relocating
P
P
P
P
or reconficiuring navigation channels and basins
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
P
P
P
P
or required mitigation
Land surface modification
P
P
P
P
Shoreline habitat and restoration activities
P
P
P
P
Shoreline stabilization
IMEW&AIEWHIMM,
P
P
P
P
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
SMP Attachment A 19
Attachment A
Chapter 20.63
Shoreline General Development Standards
4 Sections:
5 20.63.010 General provisions.
6 20.63.020 Maximum impervious surface.
7 20.63.030 Shoreline setbacks from Lake Washington.
8 20.63.040 Maximum height.
9 20.63.050 Development standards for divisions of land and lot line adjustments.
10
11 20.63.010 General provision.
12
13 A. The requirements in this chapter apply when a property owner or their representative
14 initiates new development or redevelopment on their property.
15 B. Existing uses and/ or conditions not in compliance with the requirements of this chapter may
16 continue unaffected subject to the limitations for nonconformity prescribed by the shoreline
17 master program.
18
19 20.63.020 Maximum impervious surface.
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
A. The total impervious surface on a lot, including structures, shall not exceed the standards
set forth in Table 20.63.020.
B. The pertinent maximum impervious surface standard is determined based upon the lot area
in Table 20.63.020 and the corresponding shoreline environment designation.
C. Compliance with maximum impervious surface is determined as a percentage using the total
impervious surface on the lot divided by the lot area including lot areas outside of the
shoreline jurisdiction.
20.63.030
Table 20.63.020 Maximum Impervious Surface
Lot Area
•�
Z
(Square feet)
o
�_ as
rr
a
N�
c
a
H
16,000 and less
55.0%
30%
Not
Applicable
80%
16,001 to 29,999
52.5%
30,000 and greater
50.0%
Shoreline setbacks from Lake Washington.
This section establishes the minimum shoreline setback requirements from Lake Washington.
A. Shoreline setbacks shall be determined in the following manner:
1. Where the map in Figure 20.63.030(A) designates a 30-foot shoreline setback, the
minimum setback shall be 30 feet;
38 2. Where the map in Figure 20.63.030(A) designates a 30-foot shoreline setback with
39 enhancements, the minimum setback shall be:
40 a. 30 feet if enhancements set forth in MMC 20.63.030(F) are provided; or
SMP Attachment A 20
Attachment A
1 b. 50 feet if enhancements set forth in MMC 20.63.030(F) are not provided;
2 3. Where the map in Figure 20.63.030(A) designates a 50-foot shoreline setback, the
3 minimum setback shall be 50 feet;
4 4. Where the map in Figure 20.63.030(A) designates a stringline setback, the minimum
5 setback shall be the distance to the stringline established pursuant to MMC
6 20.63.030(D); and
7 5. Exceptions to shoreline setbacks are allowed pursuant to MMC 20.63.030(C);
8 B. The shoreline setback is measured as:
9 1. The distance between the ordinary high water line to the closest point of any part of a
10 building or structure; and
11 2. The measurement is taken on a horizontal plane landward from the ordinary high water
12 line in the direction that results in the greatest distance of the building or structure being
13 setback from the ordinary high water line.
14 C. The following structures are allowed to protrude into a shoreline setback provided the
15 structure is constructed and maintained in a manner that avoids or mitigates adverse
16 impacts to shoreline ecological functions:
17 1. Pedestrian walkways, provided the total impervious surface is the minimum reasonably
18 necessary to provide access to the shoreline;
19 2. Those parts of water -dependent development that require improvements to be adjacent
20 to the water's edge, such as boat ramps and similar structures, but not including
21 cabanas, changing rooms, covered patios, or similar types of sheltered structures;
22 3. Facilities for public access to the water and similar water -enjoyment recreational uses;
23 4. Utilities which are located underground, except as required otherwise by Chapter 20.67
24 MMC, and are accessory to a shoreline use;
25 5. Bio-retention swales, rain gardens, and other similar bio-retention systems that allow
26 filtration of water through vegetation;
27 6. Infiltration systems for surface water, such as vaults and similar structural improvements,
28 where installation occurs as far from the ordinary high water line as feasible;
29 7. Uncovered decks and patios provided:
30 a. No part of the structure exceeds 30 inches in height above the existing grade;
31 b. No part of the structure is closer than 30 feet from the ordinary high water line;
32 c. Total surface area does not exceed 500 square feet inside of the setback area for all
33 decks, patios and similar improvements;
34 d. Materials allow water to easily pass through to the ground (example: wood decking
35 with gaps between the boards and pervious ground surface below); and
36 e. Within the 70 to 125-foot stringline setback area, the requirements set forth in MMC
37 20.63.030(C)(7)(b) and (c) may be modified to allow uncovered decks and patios to:
38 i. Protrude into the shoreline setback area provided no part of the structure is
39 closer than 50 feet from the ordinary high water line; and
40 ii. The total surface area of decks, patios and similar improvements inside of the
41 setback area does not exceed 15 percent of the total shoreline setback area;
42 8. Small outdoor fire pits, picnic tables, benches and similar recreational features;
43 9. Fences and walls, which are erected consistent with zoning requirements (substituting
44 rear property line setback with shoreline setback requirements) provided:
45 i. It does not interfere with shoreline vegetation required for mitigation;
46 ii. It does not act as a shoreline stabilization measure;
47 10. Essential public facilities that are water -dependent and must cross the shoreline; and
48 11. Legally established shoreline stabilization measures.
49 D. Where the map in Figure 20.63.030(A) designates a stringline setback:
50 1. A stringline is established by drawing a straight line between the two points where the
51 primary single-family dwelling on each of the adjoining shoreline lots each projects the
SMP Attachment A 21
Attachment A
greatest towards and is the closest to the ordinary high water line, including attached
structures (e.g., decks or stairs) that are 30 inches in height or greater above the existing
grade; and
2. The minimum shoreline setback is the distance between the stringline and the ordinary
high water line (see diagram in Figure 20.63.030(D); and
3. If the map in Figure 20.63.030(A) designates a 30- to 50-foot stringline setback:
a. Where the stringline is closer than 30 feet, the minimum setback from the ordinary
high water line shall be 30 feet;
b. Where the stringline is greater than 50 feet, the maximum setback required from the
ordinary high water line shall be 50 feet; or
4. If the map in Figure 20.63.030(A) designates a 70- to 125-foot stringline setback:
a. Where the stringline is closer than 70 feet, the minimum setback from the ordinary
high water line shall be 70 feet;
b. Where the stringline is greater than 125 feet, the maximum setback required from the
ordinary high water line shall be 125 feet;
5. If a stringline cannot be established because an adjoining shoreline lot does not contain
a single-family dwelling within the shoreline jurisdiction, the following shall apply:
a. The shoreline setback shall be 25 percent of the lot depth, subject to the setback
limitations set forth in MMC 20.63.030(D)(3) and (4); and
b. For the purpose of this provision:
i. The lot depth is established by measuring the distance between the ordinary high
water line where the land extends the greatest waterward and the boundary line
of the lot farthest from the ordinary high water line; and
ii. The resulting setback is applied in the same manner as prescribed in MMC
20.63.030(B);
6. Where more than one point of a primary dwelling is equally closest to the ordinary high
water line, the property owner subject to the stringline setback may choose which point
to draw the stringline from;
Figure 20.63.030(D) Stringline Setback Diagram
Lake Washington Ordinary High
Water Line
i
Closest
Point !
I Setback Closest
i Area i Point
Deck
i
I I
i Stringline i------- Roof/ Gutter
------------
' ' I
' I
Primary I I
Dwelling
I
I I Primary I
Lot Line Dwelling
SMP Attachment A 22
Attachment A
1 E. Shallow lot exception.
2 1. Where a lot has the following conditions, the requirements set forth in MMC
3 20.63.030(A) and (D) shall not apply and the minimum setback between the closet point
4 of building and structures from the ordinary high water line shall be 30 feet without
5 enhancements:
6 a. The depth of the lot is less than 150 feet; and
7 b. The net buildable area of the lot is 8,200 square feet or less.
8 2. For the purposes of this provision, the depth of the lot shall be determined by:
9 a. Measuring the distance of a horizontal line drawn midway between the side property
10 lines between the ordinary high water line and the front lot line; and
11 b. If the lot is irregular in shape, or has fewer than two side lot lines, the midway will be
12 determined in the most reasonable manner based on the lot lines that intersect the
13 ordinary high water line.
14 3. The net buildable area is the area of a lot contained within the setback limits where
15 buildings and structures may be placed, excluding any critical areas that are unbuildable.
16 F. Where MMC 20.63.030(A)(2) requires enhancements for a 30-foot setback, the following
17 shall be implemented:
18 1. Install a vegetative planting area in accordance with the following (see diagram in Figure
19 20.63.030(F)(1)):
20 a The planting area shall extend along the frontage of the lot adjoining the water;
21 b. The average width measured from the ordinary high water line of the planting area
22 shall be 10 feet with no measurement less than five feet;
23 c. At least 75 percent of the planting area shall be covered by vegetation;
24 d. Plantings shall consist of native species with at least 50 percent of the area planted
25 with vegetation other than grasses such as shrubs and bushes;
26 e. The remaining 25 percent of the planting area may be planted with non-native
27 species and/ or contain inanimate materials such as landscape rocks and hardened
28 walkways;
29 f. Where existing native species plants are preserved in the planting area, the native
30 species plants may count towards the 75 percent planting coverage, including
31 vegetation installed previously as part of a prior development activity.
32
33 Figure 20.63.030(F)(1) Planting Area Diagram
34
35 i Lake Washington
36 - — — — — — — — — — — — �—
37 Ordinary High
38
Average Width >_ 10 feet Water Line
39
40 �
41 1 75% Native 25% Non -Native
42
Species Species/ Other
�
43
44
45
46 2. In lieu of the planting requirements in MMC 20.63.030(F)(1), the City shall accept an
47 alternative planting plan provided:
48 a. The alternative planting plan shall provide at least as effective protection of shoreline
49 ecological functions as the required planting plan;
50 b. The alternative planting plan is prepared by a qualified professional who can verify
51 the equivalent protection of shoreline ecological functions; and
SMP Attachment A 23
Attachment A
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
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
44
45
46
47
48
49
50
51
c. See Figure 20.63.030(F)(2) for an illustration of an alternative planting plan;
Figure 20.63.030(F)(2) Alternative Planting Area
Lake Washington
Ordinary High Water I I
Line I 1
I I
= Planting Areas
I
I Note: Alternative must provide
equivalent ecological functions
I , protections
3. The use of artificial chemicals including pesticides, herbicides and fertilizers shall be
prohibited (organic plant treatments are acceptable) within the shoreline setback area;
4. The shoreline enhancements required under this subsection are in addition to shoreline
enhancements and/ or mitigation measures required elsewhere in the shoreline master
program to obtain a permit approval from the City;
5. All planting plans shall be prepared by a qualified professional and submitted to the City
for approval consistent with the requirements of this Subsection;
6. All planting plans must include maintenance and monitoring provisions, including, but not
limited to the following:
a. An outline of the schedule for site monitoring;
b. Performance standards including, but not limited to, 100 percent survival of newly
planted vegetation within the first two years of planting, and 80 percent for years
three or more;
c. Contingency plans identifying courses of action and any corrective measures to be
taken if monitoring or evaluation indicates performance standards have not been
met;
d. The period of time necessary to establish that performance standards have been
met; not to be less than three years;
7. After shoreline enhancements are completed:
a. The final approved setback and corresponding conditions shall be recorded at the
King County Recorder's Office; and
b. The document for recording shall meet state and King County recording
requirements with evidence of the recording submitted to the City; and
8. The City may require a financial security pursuant to MMC 20.66.120 as a guarantee
that the enhancements, maintenance and monitoring are completed to the satisfaction of
the City.
20.63.040 Maximum height.
A. Table 20.63.040 establishes the
shoreline environment designation
structure is located.
SMP Attachment A
maximum height of structures permitted within each
as it corresponds to the zoning district where the
24
Attachment A
1 Table 20.63.040 Maximum Height
0ca
C = cc
C
C
C
0
Zoning District
C
0
0:2
(0
t
0
0
R-16 District
30 feet
30 feet
Per approval of
R-20 District
35 feet
35 feet
R-30 District
35 feet
35 feet
See MMC
20.63.040(C)
a Conditional
Use Permit
Parks & Public Places
35 feet
35 feet
Primary State Highway
Not applicable
Other Zoning Districts
Not applicable
2
3 B. In addition to the height requirements in Table 20.63.040, structures landward of the
4 ordinary high water line are subject to the height limitations of the zoning district where the
5 structure is located.
6 C. The height of all structures within the Aquatic environment designation shall be the minimum
7 necessary for the proposed use, except as provided otherwise by law.
8 D. The maximum height in Table 20.63.040 shall not apply to:
9 1. Communication antennas;
10 2. Chimneys;
11 3. Flag poles;
12 4. Temporary structures utilized during construction; and
13 4. Similar appurtenances identified in this subsection, except where such appurtenances
14 obstruct the view of the shoreline of a substantial number of residences on areas
15 adjoining such shorelines.
16
17
18
19
20
21
22
23
24
25
26
20.63.050 Development standards for divisions of land and lot line adjustments.
This section shall only apply to lots located in part or in whole within the shoreline jurisdiction
and which are being divided or having lot lines adjusted after (effective date of the ordinance).
A. The following lot standards shall apply:
1. Minimum lot area:
a. Table 20.63.050(A)(1) prescribes the minimum lot area for lots in each shoreline
environment as it corresponds to the zoning district where the lot is located:
SMP Attachment A
25
Attachment A
4
5
8
9
10
11
12
13
14
15
16
17
I•,
Table 20.63.050 A 1 Minimum Lot Area
0
ea
Zoning District
.
0
n�
�C
Cr
a
0
V
L
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
Parks & Public Places
None
Applicable
Primary State Highway
Not Applicable
None
Other Zoning Districts
Not applicable
b. The lot areas in Table 20.63.050(A)(1) include land areas within the boundaries of
the lot outside of the shoreline jurisdiction;
c. Minimum lot area shall not apply to tracts of land restricted to providing shared or
public shoreline access, ingress and egress, or tracts of land set aside to preserve
and protect natural areas or critical areas; and
d. The high bank steep slope exception set forth in MMC 17.40.070 shall not apply to
lots located within the shoreline jurisdiction.
Minimum water frontage/ lot width:
a. Table 20.63.050(A)(2) prescribes the minimum water frontage and lot width
requirements for lots in each shoreline environment as it corresponds to the zoning
district where the lot is located:
Table 20.63.050(A)(2) Minimum Water Frontage/ Lot Width
c+
C
v
Zoning District
._
L
0
L
a
Q
N N
0
V
L
R-16 District
55 feet
55 feet
Not
Not
Applicable
R-20 District
75 feet
75 feet
None
R-30 District
95 feet
120 feet
Not
Not
Applicable
Parks & Public Places
A licable
120 feet
Applicable
Primary State Highway
Not applicable
None
Other Zoning Districts
Not applicable
SMP Attachment A
26
Attachment A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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
44
45
46
47
48
49
50
b. Lot width is measured as the mean horizontal distance between the side lot lines
where the building envelope is located, except were a lot is irregularly shaped (i.e.
less than two side lot lines) the lot width may be determined using lot lines
corresponding to the longer dimensions of the lot;
c. Water frontage is measured in the following manner (see diagrams in Figure
20.63.050(A)):
i. The two property lines intersecting the ordinary high water line shall be continued
waterward in a straight line; and
ii. A centerline bisecting equal distances between the two property lines shall be
established; and
iii. A straight line perpendicular to the centerline shall be drawn between the two
property lines with at least one end of the straight line affixed to a point where the
ordinary high water line intersects one of the property lines; and
iv. The water frontage shall be measured as the length of the straight line created in
MMC 20.63.050(A)(2)(c)(iii).
Figure 20.63.050(A) Measuring Water Frontage
Intersection property line/ I
ordinary high water line i
Property Line
intersection rnortv final
n
Water Frontage
Centerline
Water Frontage I
- - - - I - - - - -
90*
V % N---
ordinary high water line
Centerline I
Property Line
I
1* - — — — — — — 01
d. If a lot, as a result of an action under this Section, will no longer adjoin Lake
Washington, the minimum water frontage requirement will not apply.
e. Lots are not deemed nonconforming for failure to meet the minimum water frontage
or lot width requirements.
B. The following exceptions to the lot standards in MMC 20.63.050(A) are allowed:
1. Minimum lot area: A lot line adjustment may be approved with lots having less than the
minimum lot area provided:
SIMIP Attachment A
27
Attachment A
4
5
6
8
9
10
11
12
13
14
15
16
17
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
44
45
46
47
48
49
50
K
P
a. At least one of the existing lots has less than the required lot area set forth in Table
20.63.050(A)(1); and
b. The final lot configuration will neither cause an existing lot to have less than the
existing substandard lot area nor cause an existing lot having the required lot area to
have less than the required minimum lot area; or
c. If two or more existing lots have less than the required lot area set forth in Table
20.63.050(A)(1), then the final lot configuration can include more than one lot having
less than the required lot area provided:
i. Only one substandard lot in the final configuration has its lot area reduced to less
than its existing lot area; and
ii. The reduced lot area is not less than that of the existing smallest lot; and
iii. The number of lots having less than the required lot area is not increased in the
final lot configuration.
Minimum water frontage: A lot line adjustment or a division of land may be approved with
less than the required water frontage provided:
a. At least one of the existing lots has less than the required water frontage set forth in
Table 20.63.050(A)(2); and
b. The final lot configuration will neither cause an existing lot adjoining the lake to have
less than the existing substandard water frontage nor cause a lot having the required
water frontage to have less than the required minimum water frontage; or
c. If two or more existing lots have less than the required water frontage set forth in
Table 20.63.050(A)(2) then the final lot configuration can include more than one lot
adjoining the lake having less than the required water frontage provided:
L Only one lot in the final configuration has a substandard water frontage reduced
to less than its existing water frontage; and
ii. The lot with the reduced water frontage does not have a water frontage less than
the existing lot with the smallest water frontage;
iii. The number of lots having less than the required water frontage is not increased
in the final lot configuration; and
In addition to MMC 20.63.050(B)(2), any lot line adjustment or division of land may be
approved having lots with less than the required water frontage set forth in Table
20.63.050(A)(2) provided:
a. The purpose of the action is to promote passive recreational use of the shoreline;
b. All future in -water development and structures and all development and structures
within 50 of the ordinary high water line are prohibited, except:
L Development and structures associated with wildlife habitat restoration and/ or
enhancements; and
ii. Stormwater drainage pipes and outfalls, underground utilities, and small
uncovered outdoor fire pits, picnic tables, and benches;
c. All existing in -water structures and structures within 50 feet of the ordinary high water
line on the property are removed, except
L Improvements associated with wildlife habitat enhancements;
ii. Stormwater drainage pipes and outfalls, underground utilities, and small outdoor
fire pits, picnic tables, and benches;
iii. Authorized shoreline stabilization measures;
d. A deed restriction prohibiting future development consistent with MMC
20.63.050(B)(3)(b) is placed upon the property and recorded with King County
Records Office with evidence of the deed restriction submitted to the City;
e. The lot line adjustment or division of land does not cause another lot adjoining the
lake to have less than the required water frontage.
SMP Attachment A
28
Attachment A
1 4. Minimum lot area and water frontage requirements prescribed by this subsection shall
2 not apply to lots permanently eliminated through a lot consolidation action.
3 C. In addition to the requirements prescribed in this Section, lot line adjustments and divisions
4 of land must also comply with other applicable provisions of the shoreline master program
5 and other applicable provisions of the Medina Municipal Code.
6
SMP Attachment A 29
Attachment A
S't-=z
BRIOaz
Figure 20.63.030(A):
Shoreline Setbacks
SMP Attachment A 30
Attachment A
1 Chapter 20.64
2 Use Specific Shoreline Development Standards
4 Sections:
5 20.64.010 Residential development.
6 20.64.020 Recreational development.
7 20.64.030 Community boating facilities.
8 20.64.040 City government facilities.
9 20.64.050 Transportation facilities.
10 20.64.060 Utilities.
11 20.64.080 Signage.
12 20.64.090 Trams.
13
14 20.64.010 Residential development.
15
16 The following requirements apply to residential development:
17 A. Residential development is permitted pursuant to the use table set forth in MMC 20.62.030;
18 B. Residential development shall comply with the policies and regulations for the specific
19 shoreline environment designation, applicable development regulations, and the general
20 shoreline regulations prescribed in Chapter 20.66 MMC;
21 C. Overwater residential development such as houseboats and live -aboard vessels are
22 prohibited; and
23 D. Fences shall not extend waterward of the ordinary high water line.
24
25 20.64.020 Recreational development.
26
27 The following requirements apply to recreational development for public use including passive
28 facilities for walking, viewing, and fishing, and active facilities for swimming, boating, and other
29 outdoor recreational uses:
30 A. Recreational development is permitted pursuant to the use table set forth in MMC
31 20.62.030;
32 B. Recreational development shall comply with the policies and regulations for the specific
33 shoreline environment designation, applicable development regulations, and the general
34 shoreline regulations prescribed in Chapter 20.66 MMC;
35 C. Recreational development shall make adequate provisions for the following:
36 1. Access for pedestrian and bicycles;
37 2. Landscaping, fencing or similar amenities that prevents trespassing onto adjacent
38 properties;
39 3. Signage;
40 4. Measures that protect and/ or restore environmentally sensitive areas and assure no net
41 loss of shoreline ecological functions and processes pursuant to the analysis in MMC
42 20.66.010; and
43 5. Other measures, as necessary, to minimize adverse impacts on adjacent properties;
44 D. Shoreline areas with specific valuable shoreline ecological functions, such as a designated
45 wildlife habitat conservation area, shall be used only for non -intensive recreational activities
46 that do not involve the construction of structures, except as necessary for wildlife habitat
47 restoration;
48 E. Boat launching facilities may be developed pursuant to the use table set forth in MMC
49 20.62.030, however, such facilities shall be separated from swimming areas and be
50 developed consistent with the requirements in MMC 20.64.030(C); and
SMP Attachment A 31
Attachment A
1 F. New or expanded recreational development shall provide public access pursuant to MMC
2 20.66.040, where feasible.
3
4 20.64.030 Community boating facilities.
5
6 The following requirements apply to public facilities, and private and semi -private community
7 boating facilities that serve five or more single-family dwellings:
8 A. Boating facilities must be located and designed to:
9 1. Avoid or minimize impacts to shoreline ecological functions;
10 2. Not block, obstruct or make dangerous designated public shoreline access;
11 3. Not significantly impact views of nearby residential properties;
12 4. Limit overwater coverage to the minimum necessary to accommodate anticipated
13 demand;
14 5. Result in minimum shoreline stabilization being necessary to protect the facility;
15 6. Follow the standards in Chapter 20.65 MMC (Shoreline Modifications), as applicable;
16 and
17 7. Not result in a net loss of shoreline ecological functions or other significant adverse
18 impacts.
19 B. Boat launches requirements:
20 1. All boat launches shall comply with regulations stipulated by state and federal agencies
21 or other agencies with jurisdiction;
22 2. The length of a boat launch shall be the minimum necessary to safely launch the
23 intended craft;
24 3. In no case shall the ramp of a boat launch extend beyond where the water depth is 6
25 feet below the low high water line for Lake Washington, except where the City
26 determines a greater depth is necessary for boats launching at a public facility;
27 4. Design requirements:
28 a. A boat launch designed for non -motorized boats shall be constructed using gravel or
29 other similar natural material; or
30 b. A boat launch designed for motorized boats shall be constructed using any of the
31 following, listed in order of preference:
32 i. Open grid design with minimum coverage of lake substrate;
33 ii. Seasonal ramps that can be removed and stored upland; and/ or
34 iii. Structures with segmented pads and flexible connections that leave space for
35 natural beach substrate and can adapt to changes in shoreline profile;
36 c. As an alternative, a less impactful design approved by state agencies may be
37 accepted by the City.
38
39 20.64.040 City government facilities.
40
41 The following requirements apply to Medina government facilities:
42 A. City government facilities, including accessory uses, shall be permitted pursuant to the use
43 table set forth in MMC 20.62.030; and
44 B. City government facilities shall comply with the policies and regulations for the specific
45 shoreline environment designation, applicable zoning regulations, and the general shoreline
46 regulations in Chapter 20.66 MMC.
47
48 20.64.050 Transportation facilities.
49
50 The following requirements apply to local and state transportation facilities:
SMP Attachment A 32
Attachment A
1 A. Local and state transportation facilities are permitted pursuant to the use table set forth in
2 MMC 20.62.030.
3 B. All transportation facilities shall comply with the policies and regulations for the specific
4 shoreline environment designation, and the general shoreline regulations in Chapter 20.66
5 MMC.
6 C. The following standards are specific to transportation facilities:
7 1. Transportation facilities shall be limited to existing transportation corridors;
8 2. All new and expansion of existing transportation facilities must meet the following
9 conditions:
10 a. No reasonable alternative locations for the transportation facility are feasible;
11 b. The construction and maintenance of the transportation facility will have the least
12 adverse impact on the shoreline area and shoreline ecological functions; and
13 c. The transportation facility is necessary for the public interest.
14 3. Except for transportation facilities designated under RCW 47.05.022 as highways of
15 statewide significance (e.g., State Route 520), the construction of new roads shall be the
16 minimum necessary to support permitted shoreline uses;
17 4. Highways of statewide significance shall be designed consistent with federal and state
18 agency approvals;
19 5. All transportation facilities within the shoreline area shall be designed to minimize
20 impacts to wildlife habitat and allow fish passage where applicable;
21 D. Construction and maintenance of transportation facilities:
22 1. All debris and other waste materials shall be disposed of in such a way as to prevent
23 their entry into any water body;
24 2. Areas disturbed by construction and maintenance activities shall be replanted and
25 stabilized with approved riparian vegetation immediately upon completion of the activity.
26 The vegetation shall be maintained until established;
27 3. Mechanical means should be utilized to the greatest extent feasible instead of herbicides
28 for roadside brush control; and
29 4. Drainage and surface water runoff shall be controlled so that pollutants will not be
30 carried into water bodies;
31 E. Transportation and utility facilities shall be required to make joint use of rights -of -way, and to
32 consolidate crossings of water bodies to minimize adverse impacts to the shoreline;
33 F. Street ends and right-of-way abutting Lake Washington and located within the shoreline
34 jurisdiction are prohibited from being vacated, unless the vacation enables the City to
35 implement a plan that provides comparable or improved public access to the same shoreline
36 pursuant to RCW 35.79.035; and
37 G. Public street ends that abut Lake Washington shall be used for public access or recreational
38 purposes.
39
40 20.64.060 Utilities.
41
42 The following requirements apply to utilities within the shoreline jurisdiction:
43 A. Utilities are allowed pursuant to the use table set forth in MMC 20.62.030;
44 B. All utilities shall comply with the policies and regulations for the specific shoreline
45 environment designation, and the general shoreline regulations in Chapter 20.66 MMC;
46 C. Local public water, electrical, natural gas distribution, public sewer collection, cable and
47 telephone distribution that are accessory and incidental to a permitted shoreline use shall be
48 reviewed under the shoreline use to which the utilities are accessory;
49 D. Regional utility facilities involved in production, processing and transmission shall be located
50 outside of the shoreline jurisdiction unless no other feasible option exists;
SMP Attachment A 33
Attachment A
1 E. Where it is not feasible to locate regional utility facilities outside of the shoreline jurisdiction,
2 they shall be placed so as to not adversely impact shoreline ecological functions or obstruct
3 views of a significant number of nearby residential properties;
4 F. Utilities, which are not accessory and incidental to a permitted shoreline use, must make use
5 of existing rights -of -way or utility easement corridors whenever possible and should avoid
6 duplication and construction of new utility corridors within the shoreline jurisdiction;
7 G. New utility corridors may be authorized only if it can be demonstrated that the existing
8 routes are not feasible;
9 H. Whenever feasible, utility lines, pipes, conduits, cables, meters, vaults, and similar
10 infrastructure and appurtenances shall be placed underground to the maximum extent
11 feasible;
12 I. The location and construction of outfalls shall comply with appropriate federal, state, county
13 and city regulations;
14 J. Natural drainage systems shall be maintained, enhanced and restored to protect water
15 quality, reduce flooding, reduce public costs and prevent associated environmental
16 degradation for a no net loss of shoreline ecological functions; and
17 K. Wireless communication facilities are permitted pursuant to the use table in MMC 20.62.030,
18 the zoning requirements set forth in Chapter 17.90 MMC, and provided they do not obstruct
19 the views of Lake Washington of a substantial number of nearby residences.
20
21 20.64.070 Signage.
22
23 In addition to the requirements for signs found in the zoning regulations, the following
24 requirements shall apply to signage located within the shoreline jurisdiction:
25 A. Signs shall be located in a manner not to significantly interfere or block views of Lake
26 Washington from nearby properties;
27 B. Permanent signs erected within a residential environment designation shall not exceed a
28 maximum of two square feet in sign area (face of the sign containing the message, logo or
29 other identification);
30 C. Properties with a residential environment designation shall be limited to not more than one
31 permanent sign for each dwelling unit, except this limitation shall not apply to signs related
32 to water navigation, signs necessary for operation, safety and directions, or signs solely
33 displaying the address of a residence;
34 D. Signs shall be affixed to a pier or be wall -mounted;
35 E. Free-standing signs are prohibited, except one free-standing temporary real estate sign may
36 be allowed;
37 F. Signage lighting shall be limited to a low -wattage external light source that does not direct
38 lighting towards neighboring properties or Lake Washington; and
39 G. Except where allowed in MMC 20.64.070(F), other forms of signage lighting are prohibited;
40 and
41 H. Address numbering and letters shall meet fire code requirements.
42
43 20.64.080 Trams.
44
45 The following requirements apply to the installation and operation of trams:
46 A. The installation of a tram shall be limited only to steep slope areas as defined in Chapter
47 20.67 MMC;
48 B. Construction of the tram and installation of associated equipment must minimize disruption
49 of natural drainage patterns and removal of vegetation on the steep slope;
SMP Attachment A 34
Attachment A
1 C. The tram and or landing for the tram must comply with shoreline setback, except the tram
2 and/ or landing may be placed within a shoreline setback without the requirement for a
3 shoreline variance provided the following can be demonstrated:
4 1. There are no practical alternative locations to avoid placement of the tram within a
5 shoreline setback;
6 2. The existing topography makes it infeasible to place the tram or landing outside of the
7 shoreline setback;
8 3. The intrusion into the shoreline setback is the minimum necessary; and
9 4. Mitigation is provided based upon a no net loss analysis set forth in MMC 20.66.010
10 assuring no net loss to shoreline ecological functions.
11
12
13
14
15
16
SMP Attachment A 35
Attachment A
1 Chapter 20.65
2 Shoreline Modifications
4 Sections
5 20.65.010
6 20.65.020
7 20.65.030
8 20.65.040
9 20.65,050
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
20.65.060
20.65.070
20.65.100
20.65.200
20.65.210
20.65.220
20.65.230
20.65.240
20.65.250
20.65.260
20.65.270
20.65.280
20.65.300
20.65.400
20.65.500
20.65.600
General provisions applicable to all shoreline modifications.
Overwater structures — general provisions.
Piers, docks, buoys, moorage piles, swim floats — application.
Design standards for piers, docks, buoys, moorage piles, swim floats.
Alternative design standards for piers, docks, buoys, moorage piles, swim
floats.
Modifications to overwater structures.
Repair and maintenance of overwater structures.
Covered moorage and boatlifts.
Shoreline stabilization — general provisions.
Structural shoreline stabilization — all.
Structural shoreline stabilization — new and enlargements.
Structural shoreline stabilization — replacement of existing.
Structural shoreline stabilization — repair of existing.
Structural shoreline stabilization — design requirements.
Hard structural shoreline stabilization mitigation requirements.
Structural shoreline stabilization — limitations on authorization.
Submittal requirements for structural shoreline stabilization.
Dredging and disposal.
Breakwaters, jetties, groins.
Fill.
Land surface modification.
20.65.010 General provisions applicable to all shoreline modifications.
The following shall apply to all shoreline modifications expressed under this chapter:
A. The shoreline modification must support an allowed shoreline use or are for the purpose of
shoreline mitigation and/ or shoreline enhancement;
B. The shoreline modification must comply with the policies and regulations of the specific
shoreline environment designation and the general shoreline regulations found in Chapter
20.66 MMC; and
C. The shoreline modification must be constructed and maintained in a safe and sound
condition and any structures determined to be unsafe or abandoned shall be removed,
repaired, or have the unsafe conditions remedied immediately by the property owner.
20.65.020 Overwater structures — general provisions.
42 The following requirements apply to all overwater structures including piers, docks, buoys,
43 moorage piles, boatlifts, floats, and similar types of structures:
44 A. Only one pier or dock plus one float is allowed per lot; limitations on other overwater
45 structures shall be as prescribed by this chapter;
46 B. Overwater structures must support a permitted shoreline use, but may be located off -site
47 from the principal use provided the lots containing the overwater structure and the principal
48 use are located contiguous to each other and have the same distinct property ownership;
49 C. The Director may waive the limitation in MMC 20.65.020(B) requiring lots to be contiguous if
50 the overwater structure provides shoreline access to the general public, or the overwater
SMP Attachment A 36
Attachment A
2
3
4
5
6
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47
48
49
50
51
structure provides shoreline access to three or more single-family dwellings under distinctly
separate ownerships;
D. Where a new residential development has one of the following conditions, a joint -use pier or
dock is required rather than individual piers or docks:
1. Divisions of land into two or more lots where waterfront access is provided to the new
lots; or
2. Development of two or more single-family dwellings under distinctly separate property
owners where waterfront access is provided to the new dwellings;
E. The Director may waive the limitation in MMC 20.65.020(D) requiring a joint -use pier or dock
if the applicant can demonstrate a joint -use pier or dock is not feasible because of
topography or environmental constraints;
F. Renting, leasing or selling moorage space to a party different than the property owner or a
tenant renting or leasing the property where the moorage is located is prohibited.
G. Figure 20.65.020 illustrates the different elements of a typical pier or dock.
Figure 20.65.020 Diagram of Typical Pier/ Dock Elements
Finger
fay
Ordinary High W
Line
20.65.030 Piers, docks, buoys, moorage plies, swim floats — application.
It is recognized in the Medina Comprehensive Plan that the City is a mature nearly built -out
residential community. This nearly built -out condition includes development running along the
City's shoreline. In recognition of the existing built -out conditions and the requirements set forth
in the state's shoreline guidelines, this chapter establishes multi -level design standards
applicable to piers, docks, buoys, moorage piles and swim floats.
A. Where a property owner can demonstrate that a pier or dock was legally established prior to
(effective date of the ordinance), the dimensional and design standards for existing
overwater structures set forth in Table 20.65.040 shall apply.
B. Where a property owner cannot demonstrate that a pier or dock was legally established
prior to (effective date of the ordinance), the dimensional and design standards for new
overwater structures set forth in Table 20.65.040 shall apply.
C. As an alternative to the dimensional and design standards set forth in Table 20.65.040, an
alternative design approved pursuant to MMC 20.65.050 may be accepted by the City
regardless of the date a pier or dock is established.
D. The property owner has the burden of proof to demonstrate when a pier or dock was legally
established.
E. The compliance of a pier or dock to required dimensional and design standards is resolved
by which dimensional and design standards apply to a particular pier or dock as determined
pursuant to MMC 20.65.030(A), (B) or (C).
F. Table 20.65.030 provides a user's guide of the requirements that apply to all piers, docks,
buoys, moorage piles, and swim floats (the table is informational only):
SMP Attachment A 37
Attachment A
z
3 Table 20.65.030 User's Guide of Pier and Dock Standards
Date Pier or Dock
Type of
is Established
Construction
Applicable Standards
• Existing structures requirements in MMC
Replacement
20.65.040; or
• Alternative design requirements in MMC
20.65.050
• Replacement requirements above plus
Modifications/
requirements in MMC 20.65.060;
Before (date of
Additions
• Nonconforming requirements in MMC
ordinance)
20.66.090 if existing structure requirements
apply and the pier or dock is noncompliant
• Work must be consistent with applicable
requirement above for replacement; or
Repair/
. Nonconforming requirements in MMC
Maintenance
20.65.070 and 20.66.090 if existing structures
requirements apply and the pier or dock is
noncompliant
• New structures requirements in MMC
New
20.65.040; or
• Alternative design requirements in MMC
(date of ordinance)
20.65.050
and later
Modifications/
• Requirement above for applicable new
Additions
structures plus requirements in MMC
20.65.060;
Repair/
• Work must be consistent with applicable
Maintenance
requirement above for new
4
5
6 20.65.040 Design Standards for piers, docks, buoys, moorage piles and floats.
7
8 A. Table 20.65.040 set forth the dimensional and design standards that apply to piers, docks,
9 buoys, moorage piles, and floats established under MMC 20.65.030(A) and (B).
10
11 Table 20.65.040 Overwater Structure Dimensional & Desian Standards
Description
Requirements
New Structures Existing Structures
See MMC 20.65.030 B 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 1
12 feet
12 feet
SMP Attachment A 38
Attachment A
Shared/ Joint -use where straddling a
common property line
None
None
Shared/ Joint -use where not straddling a
common ro ert line
12 feet
12 feet
Maximum Length —
Farthest extension point of all structures
from the ordinary high water line (See MMC
100 feet
100 feet
20.65.040(p)_.
Ell __26 None__
Fingers and Floating Decking 20 None
Maximum Width
Existing width
Walkway, located within 30 feet waterward of
whichever is greater, but
the ordinary high water line
4 feet
not more than 6 feet
where existing width is
neater than 6 feet
tj %.JV IVIUL
waterward of the ordinary high water line
6 feet
None
Ell and Floating Decking 6 feet None
Finger 9 feet None
Height
Minimum height above the ordinary high
water line and the bottom of the stringers on
1 Y2feet
1 % feet
a pier
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
5 feet
5 feet
• Others — above the ordinary high water
line
7 feet
7 feet
Maximum height of safety railing above
surface decking 4
3 Y2feet
3 Y2feet
Walls, sheathing, lockers (except horizontal
lockers not exceed in two feet in height) and
Prohibited
similar construction not listed
Location of specific structures
Minimum distance of ells, fingers, buoys,
moorage piles, and/ or floats waterward from
30 feet
30 feet
the ordinary hi water line
Minimum distance of all piles, except
moorage piles, waterward from the ordinary
18 feet
18 feet
high water line
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 1 30 feet 30 feet
SMP Attachment A
all,
Attachment A
Q
4
8 C.
9
10
11
12
13
14
15 D.
16
17
18
19
20
21
22
23
24
25
26
27
Maximum depth below the ordinary high
3 feet
3 feet
water line
Where installed, the minimum area of the
skirting that must be maintained as open
50 percent
50 percent
space
Materials
Decking for piers, docks, floats and platform
Grating or other materials that allow a
lifts
minimum 40 percent light to transmit
through
Minimum two -foot wide grating strip located
Decking for floats where full grating or use of
down the center of the entire float that
translucent materials is not practical
allows 40 percent light to transmit through
the gratin
Piles, buoys, moorage piles, skirting and
Treatment with pentachlorophenol,
similar structures
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.
Where a new pier or dock is established pursuant to MMC 20.65.030(A), the maximum
overwater surface coverage in Table 20.65.040 may be increased to the following standards
provided the conditions in MMC 20.65.040(C) are satisfied:
1. Single -property ownership: 900 square feet;
2. Shared/ Joint -use by two property owners: 1,150 square feet; or
3. Shared/ Joint -use by more than two property owners: 1,400 square feet.
An increase to the maximum overwater surface coverage is allowed, where:
1. The increase is the minimum necessary for access to vessels;
2. The increase receives the necessary federal and state agency approvals; and
3. Mitigation is provided in addition to that required by MMC 20.65.040(E), which
demonstrates the additional overwater surface coverage will result in no net loss of
shoreline ecological functions pursuant to an analysis in MMC 20.66.010; and
4. Other applicable provisions of the shoreline master program are met.
The maximum length prescribed in Table 20.65.040 is measured in the following manner:
1. The length is measured along a centerline established by bisecting equally the pier or
dock's walkway width;
2. Where the centerline intersects the ordinary high water line shall be designated the point
of origin;
3. The centerline continues from the point of origin along a straight line to an end point
designated where a straight line drawn perpendicular to the centerline touches the
farthest point waterward from the point of origin of any in-water/overwater structures
associated with the property; and
4. The length is measured as the distance of the centerline between the point of origin and
the end point (See diagrams in Figure 20.65.040(D)).
SMP Attachment A
40
Attachment A
1
2
3
4
5
6
7
9
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50
Figure 20.65.040(D)
Maximum Length of Overwater Structures
Farthest Point of Structure
End Point from Point of Origin
End Point
90° 1 / / 1., /
I � 100ft
100 ft I ' ' Ordinary high
I I water line
I
90° ` g ° Point of Origin
Point of Origin I
Walkway Centerline
Walkway Centerline
E. Where a new pier or dock is established pursuant to MMC 20.65.030(A), the following
mitigation measures are required to be taken:
1. Remove existing in -water and overwater structures consistent with MMC 20.65.040(F);
2. Plant emergent vegetation waterward of the ordinary high water line per Washington
State Fish & Wildlife and/ or Corp of Engineer requirements, unless it can be
demonstrated that planting is not feasible or appropriate due to environmental
constraints;
3. Install a vegetative planting area in accordance with the following (See diagram in Figure
20.65.040(E)):
a. The planting area must cover at least 1,000 square feet of surface ground area,
except where a lot has less than 100 feet of water frontage in which case the
required planting area is the distance of the water frontage multiplied by 10;
b. The planting area shall extend along the contours of the ordinary high water line;
c. The average width measured from the ordinary high water line of the planting area
shall be 10 feet with no measurement less than five feet;
d. The length of the planting area must be at least twice the average width, unless the
width of the water frontage makes this not feasible;
e. Planting is not required in areas covered by walkways, water -dependent
improvements, and other allowed improvements, however, this allowance does not
decrease the total surface ground area that must be planted with vegetation;
f. Plantings shall include a mixture of native species plants and be of a sufficient
density to improve habitat ecological functions;
g. Where existing native species plants are preserved in the planting area, the native
species may be counted towards meeting the planting area coverage requirements;
including vegetation installed previously as part of a prior development activity, but
was not required in order to obtain approval for a permit associated with the pier or
dock;
SMP Attachment A
41
Attachment A
1 Figure 20.65.040(E)) Planting Area Diagram
2
3 Lake Washington
4-----------------�
5 Ordinary High
6
Average Width 2: 10 feet Water Line
7--------- T•T�TT-.TT.-iT.�T. -
8 I 1,000 square feet
9 of planting area
10 ! Length >_ 2 X Average Width
11 12 Water frontage > 100 feet
13
14 4. In lieu of the planting requirements in MMC 20.65.040(E)(3), the City shall accept an
15 alternative planting plan provided:
16 a. The alternative planting plan is approved by state and federal agencies;
17 b. The alternative planting plan shall provide at least as effective protection of shoreline
18 ecological functions as MMC 20.65.040(E)(3); and
19 b. The planting plan is prepared by a qualified professional who can verify the
20 equivalent shoreline protection;
21 5. All planting plans shall be prepared by a qualified professional and must include
22 maintenance and monitoring provisions having the following:
23 a. An outline of the schedule for site monitoring;
24 b. Performance standards with 100 percent survival of newly planted vegetation within
25 the first two years of planting, and 80 percent for years three and more;
26 c. Contingency plans identifying courses of action and any corrective measures to be
27 taken if monitoring indicates performance standards are not being met; and
28 d. The period of time necessary to establish performance standards have been met, not
29 to be less than three years; and
30 e. A form of financial security as prescribed in MMC 20.65.040(G).
31 F. Where an existing pier or dock is replaced, mitigation shall consist of removing in -water and
32 overwater structures located within 30 feet of the ordinary high water line, except for existing
33 or authorized shoreline stabilization measures and boatlifts.
34 G. The City may require a financial security pursuant to MMC 20.66.120 as a guarantee that
35 the plantings, maintenance and monitoring are completed to the satisfaction of the City.
36 H. The planting area utilized for mitigation shall be designated a native planting preservation
37 area subject to the following:
38 1. A notice on the title of the real property shall be recorded with King County Records
39 Office;
40 2. The required content of the notice is limited to alerting future property owners that the
41 vegetation within the planting area must be preserved and that it is a violation of the
42 Medina Municipal Code to damage or permanently destroy native vegetation within the
43 preservation area; and
44 3. Evidence of the recording shall be provided to the City.
45 I. Buoys and moorage piles must be accessory to an existing or authorized pier or dock.
46 Mitigation for these shall be pursuant to requirements imposed by federal or state agencies.
47 J. Shared and joint -use overwater structures shall require an easement or other
48 documentation approved by the City providing for shared use and/ or maintenance of the
49 subject overwater structure.
50
SMP Attachment A 42
Attachment A
1
2
3
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5
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7
8
9
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12
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14
15
16
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18
19
20
21
22
23
24
25
26
27
28
20.65.050 Alternative design standards for piers, docks, buoys, moorage piles and
floats.
A. As an alternative to MMC 20.65.040, the City will accept as an alternative design those
piers, docks, buoys, moorage piles and floats that meet the dimensional and design
standards set forth in Table 20.65.050 provided:
1. The applicant obtains approval for the design from the U.S. Army Corps of Engineers
and the Washington Department of Fish and Wildlife; and
2. All other applicable provisions of this chapter are met, including those prescribed in
MMC 20.65.040(D) through (J).
Table 20.65.050
Alternative Overwater Dimensional and Structure Desian Standards
Description
Requirements 1
Overwater Coverage
No larger than authorized through state
and federal approval
Minimum Setback from Side Property
12 feet
Lines
Maximum Length (See MMC
100 feet
20.65.040 D
Maximum Width and Height of
No greater than authorized by state and
structural components
federal approval
Location of Specific Structures:
• Minimum distance of ells, fingers,
buoys, moorage piles, and/or floats
30 feet
waterward from the ordinary high water
line
• Minimum distances of all piles, except
18 feet
moorage piles, waterward from the
ordinary high water line
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
B. State and Federal Agency final approvals may be deferred to submittal of a building permit.
However, the applicant must provide documentation that the U.S. Army Corps of Engineers
and the Washington State Department of Fish and Wildlife have approved the alternative
design prior to the City authorizing any construction activity associated with overwater
structures.
20.65.060 Modifications to overwater structures.
The following requirements apply to overwater structures that are modified and where the
existing configuration of the structure is altered (i.e. changes to the surface footprint or height):
A. Modifications, such as additions, must comply with the applicable dimensional and design
standards established in MMC 20.65.030;
B. Where a modification will increase the overwater coverage, mitigation shall be provided that:
1. Is proportional to the impact generated by the increased overwater coverage; and
SMP Attachment A
43
Attachment A
1 2. Is of sufficient quantity and quality to assure no net loss of shoreline ecological functions
2 pursuant to the analysis set forth in MMC 20.66.010;
3 C. Where existing structures exceed the maximum overwater surface coverage standard,
4 modifications, including additions, are allowed, provided the final net overwater surface
5 coverage is not an increase from the existing conditions and the requirements of MMC
6 20.66.090 (nonconformity) are satisfied; and
7 D. Where existing overwater structure is proposed for removal, priority should be given to
8 removing those structures located within 30 feet of the ordinary high water line, except for
9 existing or authorized shoreline stabilization measures, boatlifts, and pier and dock
10 walkways.
11
12 20.65.070 Repair and maintenance of overwater structures.
13
14 The following requirements apply to the repair and maintenance of overwater structures where
15 the repair work is for the purpose of preventing the decline, lapse or cessation of the structure:
16 A. Repair and maintenance work is allowed;
17 B. Repair and maintenance may include replacing structure with similar structure if the
18 replacement does not increase the size or shape of the structure, or significantly alter the
19 configuration of the entire structure;
20 C. All repair work must use materials listed in Table 20.65.040;
21 D. Where repair and maintenance is to a nonconforming pier or dock, the limitations for a
22 nonconforming structure set forth in MMC 20.66.090 shall apply; except the following repair
23 actions are not subject to the limitations for nonconforming structures provided the
24 constraint in MMC 20.65.070(E) is satisfied:
25 1. Replacement of up to 75 percent of the existing piles during any consecutive 18 month
26 period; or
27 2. Repair of up to 100 percent of the existing piles provided repair does not involve driving
28 piles into the benthic; or
29 3. Replacement of any structure treated with pentachlorophenol, creosote, or similar toxic
30 compounds provided the replacement is a voluntary action to improve shoreline
31 ecological functions and not to repair structurally hazardous conditions; or
32 4. Replacement of any solid decking with materials, such as grating, that allow at least 40
33 percent light to transmit through the material, and where the repair work does not include
34 replacement of substructure;
35 E. Where repair or maintenance to a nonconforming pier or dock involves repairing multiple
36 elements of the structure during any 18 consecutive month period, the cost for the entire
37 repair, including those repair actions prescribed in MMC 20.65.070(D) shall be subject to the
38 nonconforming regulations set forth in MMC 20.66.090, except those repair actions
39 prescribed in MMC 20.65.070(D)(1) and (3) shall not be included in replacement cost
40 calculations.
41
42 20.65.100 Covered moorage and boatlifts.
43
44 The following requirements apply to covered moorage and boatlifts:
45 A. Covered moorage structures and boatlifts are permitted pursuant to the use table in MMC
46 20.62.030 provided they are accessory to a pier or dock;
47 B. Table 20.65.100(B) sets forth the dimensional and design standards for covered moorage
48 structures and boatlifts:
49
50
SMP Attachment A 44
Attachment A
Table 20.65.100(B) Covered Moorage Dimensional & Design Standards
Description
Dimensional & Design Standard
Location
The furthest point of a boat lifts shall be
placed a distance not to exceed 100 feet
Boatlifts
from the ordinary high water line (See MMC
20.65.040(D) for measuring distance),
except as allowed pursuant to MMC
20.65.1 OO(D)
A covered moorage structure shall be
Covered moorage building envelope
located within the building envelope
rescribed in MMC 20.65.100(C)
Maximum number
Three (3) freestanding or deck -mounted
Boatlifts
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 o
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
None
owners
Shared/ Joint -use Facility where not
straddling a common property line
12 feet
between the owners
Height
Maximum height of covered moorage
16 feet
above the ordinary high water line
Minimum height of covered moorage
4 feet
above the ordinary high water line
Other standards
* Must be made of translucent materials
Canopy Cover Materials
* Must not be constructed of permanent
structural materials
Must be clean rock or pre -cast concrete
blocks provided:
* The fill is necessary to anchor the boatlift;
Fill material for boat lifts
* Substrate prevents the embedment of
anchoring devices;
* The quantity of fill material is the minimum
necessary to anchor the boatlift
2
3 C. Table 20.65.100(B) covered moorage building envelope: The covered portion of a moorage
4 for an individual or shared/ joint -use pier or dock shall be located inside of a covered
SMP Attachment A 45
Attachment A
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moorage building envelope established in the following manner and illustrated in Figure
20.65.100(C):
1. The covered moorage building envelope shall be formed as a horizontal triangle;
2. The base of the triangle is formed by:
a. The two outer most property lines intersecting the ordinary high water line being
continued waterward in a straight line; and
b. A centerline is created by either:
i. Equally bisecting the distance between the two outer property lines; or
ii. Where a shared/ joint -use pier or dock straddles a shared property line, the
shared property line is the centerline; and
c. The triangle base is created by extending a straight line between the two outer
property lines that runs perpendicular to the centerline and has at least one end
affixed to the point most waterward where the ordinary high water line intersects a
property line;
3. The altitude of the triangle is formed along the centerline created in 20.65.100(C)(2)(b);
4. The two remaining sides of the triangle are formed by extending straight lines from each
of the points where the base intersects the property lines to a point on the altitude that is
100 feet waterward from where the centerline intersects the baseline; and
5. Covered moorage structures shall be at least 30 feet waterward from the ordinary high
water line; and
6. The minimum side property line setbacks set forth in Table 20.65.100(B) apply.
Figure 20.65.100(C) Covered Moorage Building Envelope
100 feet '
I
I '
I
I
Triangle Base
I '
Ordinary High Water Line —t—�
I
6 Net \
Building
Envelope
uentenine or
Shared Property Line
Outer Property Line
� I
12-foot side
setback
30-foot setback
Property line/ Ordinary High
Water Line Intersection
D. Where an existing pier or dock exceeds 100 feet in length, a boatlift may be located beyond
the maximum distance set forth in Table 20.65.100(D) provided:
1. No point of the boatlift extends waterward further than the farthest point of the pier or
dock from the ordinary high water line;
2. Placement of the boatlift does not include installing a platform, finger or similar structure
that would be located beyond the maximum distance set forth in Table 20.65.100(D);
3. The placement of the boatlift will not create obstacles to access and navigation by
neighboring property owners; and
SMP Attachment A
46
Attachment A
4. The nonconformity of the existing pier or dock is not abandoned as prescribed in MMC
20.66.090.
4 20.65.200 Shoreline Stabilization — general provisions.
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Shoreline stabilization measures are used to typically address erosion impacts to property
caused by natural processes such as water currents, floods, tides, wind, and/ or wave actions.
They can vary from nonstructural measures to structural measures and from soft measures to
hard measures. The following requirements apply to all shoreline stabilization measures:
A. New development should be located and designed to the extent feasible to avoid future
needs for shoreline stabilization measures;
B. New development shall be prohibited where shoreline stabilization measures will cause
significant impacts to adjacent or down -current properties and shoreline areas;
C. Shoreline stabilization shall not:
1. Significantly interfere with normal surface and/ or subsurface drainage; and
2. Cause a hazard to navigation;
D. Where a property contains steep slopes and/ or buffers near the shoreline, new
development shall be setback sufficiently to ensure shoreline stabilization is unlikely to be
necessary during the life of the structure, as demonstrated by geotechnical analysis;
E. When subdividing land into building lots, the division shall be done in a manner that the new
lots created will not require structural shoreline stabilization for reasonable development to
occur, as demonstrated by geotechnical analysis;
F. Publicly financed or subsidized shoreline stabilization shall not restrict appropriate public
access to the shoreline except where such access is determined to be infeasible because of
incompatible uses, safety, security, or harm to shoreline ecological functions;
G. Table 20.65.200 provides a user's guide of the key requirements for shoreline stabilization
measures (the table is informational only):
Table 20.65.200 Guide to Key Shoreline Stabilization Measures
Shoreline Stabilization
Summary of Requirements
Measures
Nonstructural and Structural
• Nonstructural methods preferred
Methods
. Structural allowed if need is demonstrated
• Soft measures considered before hard measures
• Allowed when primary structure or single family
dwelling is 10 feet or less from the ordinary high
water line
New or Enlargement
• Allowed when primary structure or single family
dwelling is more than 10 feet with geotechnical
analysis demonstrating need
• Requires mitigation planting for hard measures
• Existing may be replaced with similar
• Hard measures may be replaced with soft
measures
• Existing may be replaced with different hard
Replacement
measures if the replacement measures significantly
improves shoreline ecological functions
• When existing primary structure or use is more
than 10 feet from the ordinary high water line,
requires a written narrative that provides a
SMP Attachment A 47
Attachment A
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demonstration of need
• Existing structure is not enlarged
• Repair is to 75 percent or less of the linear length
Repair of structure at or below the ordinary high water line
• Structure is not moved or enlarged
H. The following is a list of examples of shoreline stabilization
nonstructural to soft to hard structural measures:
• Vegetation enhancement;
• Upland drainage control;
• Biotechnical measures;
• Beach enhancement;
• Anchor trees;
• Gravel placement;
• Rock revetments;
• Gabions;
• Concrete groins;
• Retaining walls and bluff walls; and
• Bulkheads.
20.65.210 Structural shoreline stabilization — all.
measures that range from
The following requirements apply to all structural shoreline stabilization measures:
A. Where structural shoreline stabilization is allowed, soft measures such as bioengineering or
biotechnical measures shall be used unless it can be demonstrated such measures are not
sufficient at protecting primary structures or dwellings, in which case hard measures may be
used; and
B. Structural shoreline stabilization measures shall be limited to the minimum necessary.
20.65.220 Structural shoreline stabilization — new and enlargements.
New structural shoreline stabilization, and additions to or increases in size of existing structural
shoreline stabilization are allowed under the following conditions:
A. To protect an existing primary structure including single-family dwellings where the closest
point of the exterior walls of the building are a distance of 10 feet or less from the ordinary
high water line.
B. To protect existing primary structures including single-family dwellings where the distance
from the ordinary high water line is greater than 10 feet provided:
1. On -site drainage has been directed away from the shoreline edge first;
2. Geotechnical analysis pursuant to MMC 20.65.270 provides conclusive evidence that
the structure or dwelling is in danger from shoreline erosion caused by tidal action,
currents and waves; and
3. The structural shoreline stabilization will not result in a net loss of shoreline ecological
functions pursuant to the analysis in MMC 20.66.010.
C. To support a new non -water -dependent development, including single family dwellings
provided:
1. Shoreline erosion is not being caused by upland conditions, such as the loss of
vegetation and drainage;
SMP Attachment A 48
Attachment A
1 2. Geotechnical analysis pursuant to MMC 20.65.270 demonstrates a need to protect the
2 primary structure from damage due to erosion caused by natural processes such as tidal
3 actions, current and waves;
4 3. Nonstructural measures such as placing the development further from the shoreline,
5 planting vegetation, or installing on -site drainage improvements, are not feasible or not
6 sufficient in protecting the primary structure; and
7 4. The structural shoreline stabilization will not result in a net loss of shoreline ecological
8 functions pursuant to the analysis in MMC 20.66.010.
9 D. To support a water -dependent development provided:
10 1. Shoreline erosion is not being caused by upland conditions, such as the loss of
11 vegetation and drainage;
12 2. Geotechnical analysis pursuant to MMC 20.65.270 demonstrates a need to protect
13 primary structures from damage due to erosion;
14 3. Nonstructural measures, planting vegetation, or installing on -site drainage
15 improvements, are not feasible or not sufficient in protecting primary structures; and
16 4. The structural shoreline stabilization will not result in a net loss of shoreline ecological
17 functions pursuant to the analysis in MMC 20.66.010.
18 E. To protect projects for the restoration of shoreline ecological functions provided:
19 1. Nonstructural measures, planting vegetation, or installing on -site drainage
20 improvements, are not feasible or not sufficient;
21 2. The structural shoreline stabilization will not result in a net loss of shoreline ecological
22 functions pursuant to the analysis in MMC 20.66.010.
23 F. Mitigation shall be provided pursuant to MMC 20.65.260.
24 G. Primary structures include appurtenances such as detached garages, cabanas and beach
25 houses, but do not include, storage sheds, playhouses, greenhouses, swimming pools, spas
26 and other ancillary residential improvements.
27
28 20.65.230 Structural shoreline stabilization — replacement of existing.
29
30 Where modification of existing structural shoreline stabilization does not constitute repair under
31 MMC 20.65.240, modification may be allowed under the following conditions:
32 A. Replacement of existing structure. Existing structure may be replaced provided:
33 1. The existing structure cannot adequately perform a shoreline stabilization function;
34 2. Replacement involves constructing new structure to replace existing structure;
35 3. Replacement structure is with similar structure including using soft measures to replace
36 hard measures;
37 4. Replacement structure does not increase the height, width, length, or depth of the
38 existing structure, except as may be necessary to implement soft structural stabilization
39 (other replacements that enlarge the existing structure are subject to the provisions set
40 forth in MMC 20.65.220);
41 5. Replacement structure does not intrude further waterward of the ordinary high water line,
42 except as allowed pursuant to WAC 173-26-231(3)(a)(iii)(C) and amendments thereto;
43 6. Replacement structure is designed, located, sized and constructed to assure no net loss
44 of shoreline ecological functions per an analysis in MMC 20.66.010;
45 7. A demonstration of need is provided pursuant to MMC 20.65.270 showing the shoreline
46 stabilization structure is necessary to protect principal use or structure from erosion
47 caused by currents, tidal action or waves, except this requirement does not apply:
48 a. If the principal use or structure is located 10 feet or less from the ordinary high water
49 line; or
50 b. If soft measures are used to replace hard structure that results in significant
51 restoration of shoreline ecological functions or processes;
SMP Attachment A 49
Attachment A
1 B. In addition to MMC 20.65.230(A), replacement of an existing structural shoreline
2 stabilization may be authorized if:
3 1. The replacement is for the purpose of significantly improving one or more shoreline
4 ecological functions (e.g. replacing a bulkhead built with toxic materials with non -toxic
5 materials) and not because the existing structure can no longer adequately serve its
6 purpose; and
7 2. An analysis is prepared by a qualified professional evaluating the effects of the existing
8 structure on shoreline ecological functions and the change a replacement structure will
9 have on shoreline ecological functions consistent with MMC 20.65.230(B)(1);
10 3. The replacement structure does not increase the height or length of the existing
11 structure; and
12 4. The requirements in MMC 20.65.230(A)(2), (5), (6) and (7) are applied.
13
14 20.65.240 Structural shoreline stabilization — repair of existing.
15
16 Existing structural shoreline stabilization may be repaired provided:
17 A. The repair involves 75 percent or less of the linear length of the structure at or below the
18 ordinary high water line provided work above the high water line shall not count towards the
19 linear length of the structure being repaired;
20 B. Repair exceeding 75 percent linear length of the structure at or below the ordinary high
21 water line shall be subject to the requirements for replacement set forth in MMC 20.65.230;
22 C. The repaired structure is located in the same place as the existing structure; and
23 D. The repair does not increase the height, width, length, or depth of the existing structure
24 (repairs that enlarges the existing structure are subject to the provisions set forth in MMC
25 20.65.220).
26
27 Figure 20.65.240 Repair Threshold Diagram
28
29 Shoreline Stabilization Structure
30 Ordinary High
31 ~— Water Line
32
33 X <11111151,99
_ 75%Linear Length =Repair —►�
34 I� 35 X > 75% Linear Length = Replacement
36
37 20.65.250 Structural shoreline stabilization — design requirements.
38
39 The following design standards apply to structural shoreline stabilization measures:
40 A. For hard structural shoreline stabilization:
41 1. When connecting ends of the structure to adjoining areas without hard shoreline
42 stabilization, the connection should be in a manner as to not cause erosion of the
43 adjoining areas;
44 2. When connecting ends of the structure to other hard shoreline stabilization, the
45 connection shall not result in a net intrusion into the lake nor create net upland area;
46 3. Fill material landward of the shoreline stabilization shall not exceed an average of one
47 cubic yard of material for each linear foot of hard shoreline stabilization, except as
48 provided for in MMC 20.65.500 (Fill) and MMC 20.65.500 (Land Surface Modification);
49 B. For soft structural shoreline stabilization:
50 1. End connection shall be to existing contours or hard structural shoreline stabilization to
51 prevent erosion at the edges; and
SMP Attachment A 50
Attachment A
1 2. Size and the arrangement of gravel, cobbles, logs and boulders shall be in a manner
2 that improvements remain stable long-term and dissipate wave energy, without
3 presenting extended linear faces to oncoming waves; and
4 C. For both hard and soft structural shoreline stabilization, materials shall be the minimum
5 sizing necessary to dissipate wave energy, eliminate scour, and provide long-term shoreline
6 stability.
7
8 20.65.260 Hard structural shoreline stabilization mitigation requirements.
9
10 All proposals for new hard structural shoreline stabilization, including additions to and increases
11 in the size of existing hard structural shoreline stabilization, must provide the following shoreline
12 enhancements:
13 A. Improve shallow water habitat by installing waterward of the ordinary high water line gravel,
14 cobble, or similar rocky beach material at a maximum grade of one vertical to four horizontal
15 (1:4);
16 B. Install a vegetative planting area in accordance with the following (see diagram in Figure
17 20.65.260):
18 1. The planting area shall extend along at least 75 percent of the linear landward -edge of
19 the stabilization structure;
20 2. The average width measured from the landward edge of the shoreline stabilization
21 structure shall be 10 feet with no measurement less than five feet;
22 3. Planting shall consist of native species with at least 50 percent of the area planted with
23 bushes and shrubs;
24 4. Where existing native species plants are preserved in the planting area, the native
25 species plants may count towards the planting area requirements, including vegetation
26 installed previously as part of a prior development activity;
27
28 Figure 20.65.260 Diagram of Enhancements
29 New Hard Shoreline Stabilization
30
31 Lake Washington
32
33 Gravel / Cobble
34 1114111141111111 M11 111 IM— New Bulkhead
35 Average Width >_ 10 feet Beach
36 L - - - - --- (No Structures)
38 Plantings = 75% of
39 Linear Bulkhead
40
41 C. In lieu of the enhancements required in MMC 20.65.260(A) and (B), the City shall accept
42 alternative enhancement approved by state and federal agencies provided:
43 1. The alternative enhancement shall provide at least as effective protection of shoreline
44 ecological functions as the required mitigation; and
45 2. An alternative enhancement plan is prepared by a qualified professional;
46 D. All enhancements shall include plans for maintenance and monitoring acceptable to the City
47 and prepared by a qualified professional including, but not limited to, the following:
48 1. An outline of the schedule for site monitoring;
49 2. Performance standards, including, but not limited to, 100 percent survival of newly
50 planted vegetation within two years of planting, and 80 percent for years three or more;
SMP Attachment A 51
Attachment A
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3. Contingency plans identifying courses of action and any corrective measures to be taken
if monitoring indicates performance standards have not been met;
4. The period of time necessary to establish performance standards have been met; not to
be less than three years; and
E. The City may require a financial security pursuant to MMC 20.66.120 as a guarantee that
the enhancements, maintenance and monitoring are completed to the satisfaction of the
City; and
F. Enhancement measures shall be incorporated as necessary to avoid, or if that is not
possible, to minimize adverse impacts.
20.65.270 Structural shoreline stabilization — limitations on authorization.
A. Structural shoreline stabilization is not authorized except as follows:
1. For hard structural measures a geotechnical analysis must demonstrate that there is a
significant possibility that a primary structure or single-family dwelling will be damaged
within three years as a result of shoreline erosion in the absence of such measures; or
2. For soft structural measures a geotechnical analysis must demonstrate that there is
significant possibility that a primary structure or single-family dwelling will be damaged
as a result of shoreline erosion in the absence of such measures, but the need does not
have to be as immediate as three years; or
3. Replacement under MMC 20.65.230 where a need is demonstrated pursuant to MMC
20.65.270(C).
B. Where geotechnical analysis is required under MMC 20.65.220, the analysis shall be
prepared by a qualified professional with the following information:
1. An assessment of erosion potential including rates of erosion and estimated time frames
of erosion from waves or other natural processes in the absence of shoreline
stabilization;
2. An assessment of the processes causing the erosion including on -site drainage both
waterward and landward of the ordinary high-water mark;
3. An assessment of the risk shoreline erosion might cause damage to primary structures
and single-family dwellings in the absence of structural shoreline stabilization;
4. An assessment of the urgency and necessity for structural shoreline stabilization
considering site specific conditions pursuant to MMC 20.65.270(A);
5. An assessment of the feasibility of using soft structural shoreline stabilization measures
in lieu of hard measures; and
6. Narrative on design recommendations for minimizing the use of shoreline stabilization
materials and to assure no net loss of shoreline ecological functions.
C. Where a demonstration of need is required under MMC 20.65.230, the following shall be
provided:
1. A written narrative that demonstrates a need for the shoreline stabilization structure that
is prepared by a qualified professional (e.g. shoreline designer or a consultant familiar
with lakeshore processes and shore stabilization), but not necessarily a licensed
geotechnical engineer;
2. The content of the narrative shall include the following:
a. An assessment of the necessity for structural stabilization to protect principal use or
structure, considering site -specific conditions such as water depth, orientation of the
shoreline, wave fetch, and location of the nearest structure;
b. An assessment of erosion potential resulting from the action of waves or other
natural processes operating at or waterward of the ordinary high water line in the
absence of structural shoreline stabilization;
SMP Attachment A
52
Attachment A
1 c. An assessment of the feasibility of using soft structural stabilization measures in lieu
2 of hard structural shoreline stabilization measures; and
3 d. Design recommendations for minimizing impacts and ensuring that the replacement
4 structure is designed, located, sized and constructed to assure no net loss of
5 shoreline ecological functions.
6
7 20.65.280 Submittal requirements for structural shoreline stabilization.
8
9 A. The following are general submittal requirements for proposals involving structural shoreline
10 stabilization:
11 1. Plan and cross-section views of the existing and proposed shoreline configuration
12 showing accurate existing and proposed topography and the ordinary high-water mark;
13 2. Detailed construction sequence and specifications for all materials with the sizing and
14 placement of materials select to accomplish the following:
15 a. Protect the property and structures from erosion and other damage over the long
16 term, and accommodate the normal amount of alteration from wind- and boat -driven
17 waves;
18 b. Allow safe passage and migration of fish and wildlife; and
19 c. Minimize or eliminate juvenile salmon predator habitat;
20 3. Where applicable, geotechnical analysis or narrative evaluating need;
21 4. Where applicable, no net loss analysis; and
22 5. Where applicable, enhancement plans and monitoring and maintenance reports;
23 B. The provisions of this section shall not limit the City's ability to establish additional submittal
24 requirements consistent with MMC 20.80.80 and other provisions of the Medina Municipal
25 Code.
26
27 20.65.300 Dredging and disposal.
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The following requirements apply to dredging:
A. New development should be placed and designed to avoid or minimize the need for new
and/ or maintenance dredging;
B. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill
material is prohibited, except where the material is necessary for the restoration of shoreline
ecological functions and processes;
C. Dredging for the purpose of establishing, expanding, or relocating or reconfiguring
navigation channels and basins is allowed pursuant to the use table in MMC 20.62.030
provided:
1. The dredging is necessary for safe and efficient accommodation of existing navigational
E.
49
50 F
51
uses;
2. Significant ecological impacts are minimized;
3. Mitigation is provided consistent with MMC 20.65.300(E);
Dredging for the purpose of maintaining existing navigation channels and basins, existing
private or public boat moorage, water -dependent uses, or other public access may be
allowed pursuant to the use table in MMC 20.62.030 provided it is limited to previously
dredged and/ or existing authorized locations, depth and width;
Dredging and dredge material disposal shall be done in a manner which avoids or minimizes
significant ecological impacts and impacts which cannot be avoided should be mitigated in a
manner that assures no net loss of shoreline ecological functions pursuant to an analysis in
MMC 20.66.010;
Dredging operations must be designed and scheduled to:
1. Avoid impacts to fish, including fish rearing, feeding and spawning;
SMP Attachment A
53
Attachment A
1
2. Use techniques that minimize dispersal of bottom materials; and
2
3. Prevent direct and indirect adverse impacts on adjacent properties;
3
G.
Where dredging is allowed for restoration of shoreline ecological functions, the site where
4
the fill is to be placed must be located waterward of the ordinary high water line;
5
H.
Project permit application submittals for dredging should include the following information:
6
1. A written description of the purpose for the dredging;
7
2. Site plan drawing outlining the area proposed for dredging including water depth based
8
on the Corp of Engineer's high water mark for Lake Washington;
9
3. A written description of the scope of work to be performed including dredging methods,
10
timelines, and volume;
11
4. Habitat survey identifying aquatic vegetation, potential native fish spawning areas, or
12
other physical and biological habitat parameters;
13
5. Information on disposal;
14
6. Anticipated future dredging, if applicable;
15
7. Copies of state and federal applications and/ or approvals; and
16
8. Other relevant information requested by the Director.
17
18
20.65.400
Breakwaters, jetties, groins and weirs
19
20
A.
Breakwaters, jetties, groins, and weirs located waterward of the ordinary high water mark
21
shall be allowed only where necessary to support water -dependent uses, public access,
22
shoreline stabilization, or other specific public purpose.
23
B.
Where a breakwater, jetty, groin or weir is installed to protect or restore shoreline ecological
24
functions, the City may waive the requirement for a conditional use permit and approve it as
25
a permitted use.
26
C.
Breakwaters, jetties, groins and weirs shall be designed to protect critical areas and shall
27
provide mitigation according to the mitigation sequencing defined in MMC 20.66.020.
28
29
20.65.500
Fill.
30
31 A. Fill waterward of the ordinary high water mark is allowed pursuant to the use table in MMC
32 20.62.030 provided the fill is necessary to support:
33 1. Water -dependent use;
34 2. Public access;
35 3. Cleanup and disposal of contaminated sediments as part of an interagency
36 environmental clean-up plan;
37 4. Disposal of dredged material considered suitable under, and conducted in accordance
38 with the dredged material management program of the department of natural resources;
39 5. Expansion or alteration of transportation facilities of statewide significance currently
40 located on the shoreline where it can be demonstrated that alternatives to fill are not
41 feasible; and
42 6. Mitigation action, environmental restoration, beach nourishment or enhancement project;
43 B. Fill landward of the ordinary high water mark shall comply with the requirements in MMC
44 20.65.600 (Land Surface Modification).
45 C. All fill shall be located, designed, and constructed to protect shoreline ecological functions
46 and ecosystem -wide processes and shall not cause:
47 1. Significant damage to water quality, fish and aquatic habitat, and/ or wildlife habitat; and
48 2. Adversely alter natural drainage patterns.
49
50
SMP Attachment A 54
Attachment A
1 20.65.600 Land surface modification.
3 The provisions of this section apply to land surface modification occurring landward of the
4 ordinary high water mark.
5 A. Applicability:
6 1. Land surface modification includes, but is not limited to grading, excavation and fill
7 activity;
8 2. The requirements set forth in this section are applied in conjunction with other provisions
9 of the Medina Municipal Code, including grading and drainage requirements and other
10 applicable provisions of the shoreline master program.
11 B. The following requirements apply to land surface modifications:
12 1. All excess materials must be disposed of in a manner that prevents entry in to Lake
13 Washington; including by erosion or surface water runoff;
14 2. Materials such as dirt and rocks used in construction must be stored as far as
15 reasonably possible from the ordinary high water line to prevent erosion and surface
16 water runoff from entering into the lake and shall incorporate best management practice
17 measures;
18 3. Any large quantities of vegetation removal shall be collected and disposed of in a
19 manner to prevent negative impacts to the shoreline environment;
20 4. No vegetation or other enhancements installed as part of a restoration plan or mitigation
21 shall be removed, unless approved by the City as part of a modified restoration plan or
22 mitigation.
23 C. Land surface modification involving the importing of fill material must consist of non-
24 dissolving and non -decomposing materials, and shall not be detrimental to water quality or
25 existing habitat, or create any other significant adverse impacts to the environment.
26 D. Where a land surface modification occurs within 50 feet of the ordinary high water line, the
27 vegetation conservation requirements set forth in MMC 20.66.050 shall apply.
28
SMP Attachment A 55
Attachment A
1 Chapter 20.66
2 General Shoreline Regulations
4 Sections:
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 The regulations in this chapter apply to all uses, developments and activities within the shoreline
20 jurisdiction.
21
22 20.66.010 No net loss of shoreline ecological functions analysis.
23
24 A. At the project level, the requirement for no net loss of shoreline ecological functions is a
25 balancing of unavoidable shoreline ecological function losses with replacement for those
26 losses so that further reduction to shoreline ecological functions or ecosystem -wide
27 processes may be prevented.
28 B. To assure no net loss of shoreline ecological functions, applicants must demonstrate a
29 reasonable effort to analyze environmental impacts of a proposal and include measures to
30 mitigate impacts to shoreline ecological functions.
31 C. A written analysis of no net loss of shoreline ecological functions is required when any of the
32 following circumstances are present:
33 1. Where a proposed use or activity is not provided in the shoreline master program,
34 including shoreline conditional uses for unclassified uses and shoreline variances;
35 2. Where regulations reference a requirement for an analysis of no net loss of shoreline
36 ecological functions; or
37 3. Where alternative compliance or mitigation measures other than those contained within
38 the shoreline master program are proposed.
39 4. Analysis of no net loss of shoreline ecological functions is not required where specific
40 standards are provided such as setbacks, pier dimensions and tree planting, unless the
41 standard specifically references this Section.
42 D. A written analysis of no net loss of shoreline ecological functions shall include the following:
43 1. A description of the existing conditions, functions and values of the affected shoreline;
44 2. A demonstration that mitigation sequencing has been applied pursuant to MMC
45 20.66.020, except MMC 20.66.020(A)(1) shall not be used to deny a use or activity
46 specifically authorized by the shoreline master program;
47 3. Where avoiding the impacts altogether is not feasible, the analysis shall include
48 descriptions of the following:
49 a. Anticipated impacts to shoreline ecological functions;
50 b. Goals and objectives related to the functions and values of the impacted shoreline
51 ecological functions for achieving no net loss;
SMP Attachment A 56
Attachment A
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c. Proposed mitigation actions and how these relate to the goals and objectives; and
d. Measurable criteria for evaluating whether or not the no net loss standard has been
achieved.
4. Modifications to the required content may be approved if the Director determines that
more or less information is necessary to adequately address demonstrating a no net loss
of shoreline ecological functions.
E. The written analysis of no net loss shall evaluate the feasibility of each mitigation sequence
to determine the appropriate mitigation action during the construction and operation of a
proposal.
F. Mitigation actions shall have the lower priority measures applied only where higher priority
measures are determined to be infeasible or not applicable Failure to demonstrate that the
mitigation sequencing standards have been met may result in a permit being denied.
20.66.020 Mitigation sequencing.
A. Applicants must demonstrate that all reasonable efforts have been examined with the intent
to avoid and minimize impacts to shoreline ecological functions. Where a no net loss of
shoreline ecological functions analysis is required pursuant to MMC 20.66.010, an applicant
shall follow mitigation sequencing outlined as follows in order of preference with one being
the highest and six being the lowest preference:
1. Avoiding the impact altogether. Avoiding impacts means not taking an action or part of
an action in order to prevent impacts to shoreline ecological functions such as moving
structures further away from properly functioning shoreline areas, using different
landscaping plants or techniques, substituting a less impactful use, or redesigning the
proposal altogether.
2. Minimizing the impact by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts.
3. Rectifying impacts by repairing, rehabilitating, or restoring the affected environment.
4. Reducing or eliminating impacts over time by preservation and maintenance operations;
5. Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments; and
6. Monitoring the impact and the compensation projects and taking appropriate corrective
measures.
B. When evaluating the feasibility of mitigation sequencing, the City may consider whether the
cost of avoiding disturbances is significantly disproportionate compared to the environmental
impact of the proposed disturbance, including any continued impacts on shoreline ecological
functions and values over time.
20.66.030 Federal and state approval.
A.
45
46 B.
47
48
49 C
50
51
All work at or waterward of the ordinary high water line requires permits or approvals from
one or more of the following state and federal agencies: U.S. Army Corps of Engineers,
Washington Department of Fish and Wildlife, Washington Department of Natural Resources,
or Washington Department of Ecology.
If structures are proposed to extend waterward of the inner harbor line, the applicant must
obtain an aquatic use authorization from the Washington State Department of Natural
Resources and submit proof of authorization with submittal of a building permit.
Documentation verifying necessary state and federal agency approvals must be submitted
to the City prior to issuance of construction permits affecting shoreline areas.
SMP Attachment A
57
Attachment A
20.66.040 Public access.
3 A. Public access is required for the following:
4 1. Shoreline development by public entities including, but not limited to: the City, state
5 agencies and public utility districts; and
6 2. Residential development on a planned development involving five or more parcels and
7 five or more new dwellings.
8 B. Public access may be in the form of any of the following:
9 1. Physical access such as trails, walkways, piers and docks, swimming area and parks;
10 2. Visual access such as view platforms or view corridors; or
11 3. A combination of physical and visual access.
12 4. Visual access shall not include the excessive removal of trees or native vegetation by
13 topping or clearing.
14 C. Public access shall incorporate the following elements:
15 1. A physical connection to the nearest public street by dedication of land or easement;
16 2. Use of environmentally friendly materials and techniques such as low impact
17 development, if feasible;
18 3. Signage indicating the public's right of access and hours of access;
19 4. Landscaping including vegetative screening for adjacent residential development; and
20 5. Barrier free features for ADA accessibility, if feasible.
21 D. All improvements associated with public access shall be designed to assure no net loss of
22 shoreline ecological functions will result.
23 E. Where public access is required, it shall be fully developed and available for use by the
24 public at the time of occupancy or use of the development.
25 F. The Director may waive the requirement for public access under the following conditions:
26 1. The applicant demonstrates the public access is infeasible due to reasons of
27 incompatible uses, safety, security, or adverse impacts to the shoreline environment, or
28 due to constitutional or other legal limitations; and
29 2. The applicant demonstrates reasonable alternatives are not available such as limiting
30 hours, off -site improvements, or placement and design elements.
31
32 20.66.050 Tree management and vegetation conservation.
33
34 A.
35
36
37 B.
38
39
40
These provisons acts as an overlay and in addition to the City's tree code regulations. The
tree preservation and replacement requirements of this section apply to removal of trees
and vegetation within the shoreline areas.
Non -hazardous trees shall be preserved within the shoreline area unless replacement trees
are provided for a removed tree in accordance Table 20.66.050:
Table 20.66.050 Tree Re lacement Miti ation
Tree
Location
Diameter of Tree (DBH)
Type of Tree
Removed
Replacement Tree
Ratio
Within Building
Footprint
All
All
None
Less than 10 inches
All
None
10 inches and greater, but
Not listed
None
Outside Building
Footprint
less than 20inches
Listed
100 percent
20 inches and greater, but
less than 36 inches
Not listed
None
Listed
125 percent
36 inches or more
Not listed
None
Listed
200 percent
SMP Attachment A
58
Attachment A
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C.
M
E
F.
1. DBH means "Diameter Breast Height" which is the diameter measurement in inches of
the outside bark of a tree trunk, measured at four and one-half feet above the
surrounding ground surface. The DBH for multi -trunk trees forking below four and one-
half feet is the diameter measurement in inches of the outside bark of a tree trunk at the
narrowest part of the main stem below the tree fork. The DBH for multi -trunk trees
splitting at ground level is found by taking the square root of the sum of all squared stem
DBHs.
2. "Listed" means those trees found in the "City of Medina List of Suitable Tree Species for
Private Property Replacement and Public Right -of -Way Planting".
3. The total diameter of replacement trees shall at a minimum add up to the applicable
percentage above multiplied by the DBH of the existing tree being replaced.
4. The building footprint is that portion of the lot covered by the primary building and
measured from the outside of eaves or furthest structural projections of the primary
building.
A tree that is more than one-third removed, but not necessarily fully removed, shall be
considered a removed tree subject to the requirements in Table 20.66.050 for replacement
trees.
Where Table 20.66.050 indicates replacement trees are required, the following applies:
1. If the existing tree being removed is less than 36 inches DBH then:
a. The caliper of each replacement tree shall be at least three inches; and
b. Coniferous trees shall be at least eight feet in height; and
c. At least 25 percent of required replacement trees shall be of the same genus as the
removed tree, unless the number of genera involved with tree removal will exceed
the number of replacement trees that the applicant chooses to plant in compliance
with this requirement;
2. If the existing tree being removed is 36 inches DBH or greater then:
a. The caliper of each replacement tree shall be at least four inches; and
b. Coniferous trees shall be at least 10 feet in height; and
c. At least 50 percent of required replacement trees shall be of the same genus as the
removed tree, unless the number of genera involved with tree removal will exceed
the number of replacement trees that the applicant chooses to plant in compliance
with this requirement;
3. Existing trees that are transplanted on -site may receive credit as replacement tree if the
City is consulted prior to the transplant and the applicant follows all methods and
techniques prescribed by the City for executing the transplanting of the subject tree.
In lieu of planting replacement trees, an applicant may satisfy the requirements for
replacement trees in Table 20.66.050 as follows:
1. Pay a fee to the Medina Tree Fund calculated as follows:
a. If a removed tree has less than 20 inches DBH, the contribution is $200 per each
replacement diameter inch not planted;
b. If a removed tree is 20 inches DBH or greater, but less than 36 inches DBH, the
contribution is $250 per each replacement diameter inch not planted; or
c. If a removed tree is 36 inches DBH or greater, the contribution is $400 per each
replacement diameter inch not planted; and
2. Plant at least two replacement trees on -site unless only one replacement tree is required
in which case one replacement tree is required to be planted.
Hazardous Trees.
1. A tree determined to be "hazardous" by the City arborist is exempt from the requirement
to provide tree replacements. To be eligible for the exemption:
SMP Attachment A
Ac
Attachment A
I a. The tree must obtain from the City arborist a rating of 11 or 12 on a scale of 1 to 12
2 (1 being the least hazardous and 12 being the most hazardous); and
3 b. The City arborist shall use the method for rating hazardous trees prescribed in the
4 Medina Tree Code set forth in Chapter 12.28 MMC;
5 2. A tree that the City arborist has determined died from natural causes, but does not
6 receive a hazard rating of 11 or 12, may be removed without requiring tree replacement
7 plantings;
8 3. Where a tree receives a hazard rating of 8, 9, or 10, pruning exceeding one-third may be
9 authorized without requiring replacement trees provided the amount of the tree removed
10 will not affect the tree in a permanent adverse manner.
11 G. Vegetation conservation.
12 1. Where any of the following activities are proposed within 50 feet landward of the ordinary
13 high water line, a restoration plan consistent with MMC 20.66.050(G)(2) is required-
14 a. Clearing and/ or grubbing of 2,500 square feet of surface land area or more;
15 b. Land surface modifications involving 25 cubic yards of earth materials or more;
16 and/or
17 c. Removal of any trees 10 inches or greater.
18 2. A restoration plan shall be designed to:
19 a. Stabilize soil surfaces;
20 b. Filter run-off (especially lawns);
21 c. Assure no net loss of shoreline ecological functions will result; and
22 d. Be prepared by a qualified professional, unless waived by the Director as
23 unnecessary.
24 3. The Director may modify the required content of a restoration plan where the Director
25 determines more or less information is necessary to adequately address potential
26 shoreline impacts and required restoration.
27 4. A restoration plan may be combined with other mitigation plans provided all conditions
28 and criteria are satisfied.
29 H. Aquatic vegetation control, including mechanical and chemical measures, shall only occur
30 when native plant communities and associated habitats are threatened or where an existing
31 water -dependent use is restricted by the presence of weeds. Aquatic vegetation control
32 shall occur in compliance with all other applicable laws and standards, including state Fish &
33 Wildlife and/ or Ecology requirements.
34
35 20.66.060 Water quality, surface water runoff, and non -point pollution.
36
37 A. All shoreline development during and after construction shall minimize impacts related to
38 surface runoff through control, treatment and release of surface water runoff such that there
39 is no net loss of receiving water quality in the shoreline environment. Control measures
40 include but are not limited to dikes, runoff intercepting ditches, catch basins, settling wet
41 ponds, sedimentation ponds, oil/water separators, filtration systems, grassy swales, planted
42 buffers, and fugitive dust controls.
43 B. Shoreline development and uses shall adhere to all required setbacks, buffers and
44 standards for stormwater storage basins.
45 C. All shoreline development shall comply with the applicable requirements of the City's
46 adopted Surface Water Design Manual and all applicable City stormwater regulations.
47 D. Where feasible, shoreline development must implement low impact development techniques
48 pursuant to the standards contained in the adopted Surface Water Design Manual and the
49 Low Impact Development Technical Guidance Manual for Puget Sound or successor.
50
51
SMP Attachment A 60
Attachment A
20.66.070 In -water construction.
3 The following requirements apply to in -water work, including, but not limited to, installation of
4 new structures, repair of existing structures, restoration projects, and aquatic vegetation
5 removal:
6 A. In -water structures and activities shall be placed and designed to avoid the need for future
7 shoreline stabilization activities and dredging, giving due consideration to watershed
8 functions and processes, with special emphasis on protecting and restoring priority habitat
9 and species;
10 B. Removal of existing structures shall be accomplished so the structure and associated
11 material do not re-enter the lake;
12 C. Waste material and unauthorized fill, such as construction debris, silt or excess dirt resulting
13 from in -water structure installation, concrete blocks or pieces, bricks, asphalt, metal, treated
14 wood, glass, paper and any other similar material upland of or below the ordinary high water
15 line shall be removed;
16 D. Measures shall be taken in advance and during construction to ensure that no petroleum
17 products, hydraulic fluid, cement, sediments, sediment -laden water, chemicals, or any other
18 toxic or deleterious materials are allowed to enter or leach into the lake during in -water
19 activities;
20 E. Appropriate spill clean-up materials must be on -site at all times, and any spills must be
21 contained and cleaned immediately after discovery;
22 F. In -water work must be conducted in a manner that causes little or no siltation to adjacent
23 areas and shall require a sediment control curtain in those instances where siltation is
24 expected;
25 G. Fresh concrete or concrete by-products are not allowed to enter the lake at any time during
26 in -water installation and all forms used for concrete shall be completely sealed to prevent
27 the possibility of fresh concrete from entering the lake;
28 H. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary
29 to perform the in -water work and all disturbed areas will be protected from erosion using
30 vegetation or other means; and
31 I. If at any time, as a result of in -water work, water quality problems develop, immediate
32 notification shall be made to the Washington State Department of Ecology.
33
34 20.66.080 Archeological and historical resources.
35
36 The following requirements apply to archaeological and historic resources that are either
37 recorded at the state historic preservation office and/or by local jurisdictions or have been
38 inadvertently uncovered:
39 A. Archaeological sites located in and outside shoreline jurisdiction are subject to Chapter
40 27.44 RCW (Indian graves and records) and Chapter 27.53 RCW (Archaeological sites and
41 records) and development or uses that may impact such sites shall comply with Chapter 25-
42 48 WAC as well as the provisions of the shoreline master program;
43 B. If archaeological resources are uncovered during excavation all work shall immediately
44 cease and the City, the Department of Archaeology and Historic Preservation and affected
45 Native American tribes shall be immediately notified;
46 C. A site inspection or evaluation by a professional archaeologist in coordination with affected
47 Native American tribes shall be required for all permits issued in areas documented to
48 contain archaeological resources;
49 D. Significant archaeological and historic resources shall be permanently preserved for
50 scientific study, education and public observation. When the City determines that a site has
51 significant archeological, natural scientific or historical value:
SMP Attachment A 61
Attachment A
1 1. No permit authorizing development or land modification shall be issued which would
2 pose a threat to the site; and
3 2. The development may be required to be redesigned or postponed in such areas to allow
4 investigation of public acquisition potential and/or retrieval and preservation of significant
5 artifacts;
6 E. In the event of an emergency as defined in RCW 90.58.030 necessitate rapid action to
7 retrieve or preserve artifacts or data identified the project may be exempted from the permit
8 requirement of these regulations provided the City notifies the Washington State
9 Department of Ecology, the Washington State Attorney General's Office and the Washington
10 State Historic Preservation Office of such a waiver in a timely manner;
11 F. Identified historical or archaeological resources shall be considered in park, open space,
12 public access, and site planning with access to such areas designed and managed to give
13 maximum protection to the resource and surrounding environment; and
14 G. Clear interpretation of historical and archaeological features and natural areas shall be
15 provided when appropriate.
16
17 20.66.090 Nonconforming development.
18
19 A. A nonconforming use or development (includes lots and structures) under the shoreline
20 master program means a shoreline use or development which was lawfully constructed or
21 established prior to the effective date of the Act or the shoreline master program, or
22 amendments thereto, but which does not conform to present regulations or standards of the
23 shoreline master program. This section shall be applied as follows:
24 1. The requirements and thresholds established in this section shall apply to all
25 development regulated under the shoreline master program.
26 2. The requirements of this section are applied in combination with other sections of the
27 Medina Municipal Code relating to nonconformity, including, but not limited to those
28 prescribed in zoning, and the building and fire codes.
29 3. A structure for which a shoreline variance has been issued shall be considered a legal
30 nonconforming development and the requirements of this section shall apply as they
31 apply to preexisting nonconformities.
32 B. A party asserting the existence of a lawfully established nonconforming lot, structure or use
33 of land has the burden of proof that the lot, structure or use of land was not substandard in
34 meeting the development regulations in effect at its creation.
35 C. Nonconforming lots. Lots, tract, parcel, site or division which were created or segregated
36 pursuant to all applicable laws, ordinances and regulations in effect at the time, but that is
37 nonconforming as to the present lot size may be developed so long as such development
38 conforms to other requirements of the shoreline master program.
39 D. Nonconforming uses. The following shall apply to all nonconforming shoreline uses:
40 1. Any legally established nonconforming use may continue until such time that the rights
41 for the nonconforming use are abandoned pursuant to MMC 20.66.090(D)(3).
42 2. A nonconforming use may not be expanded nor may the structure containing a
43 nonconforming use be enlarged, except as may be allowed by a shoreline conditional
44 use permit.
45 3. A nonconforming use shall be determined abandoned and all rights to the
46 nonconforming use lost if:
47 a. The use is changed; or
48 b. The use is discontinued for a period of 6 consecutive months or more; or
49 c. The use is discontinued for a total of 6 months or more during a 12 consecutive
50 month period; or
SMP Attachment A 62
Attachment A
1 d. A structure housing a nonconforming use experiences substantial destruction or
2 reconstruction, except as provided for in MMC 20.66.090(D)(4).
3 4. A structure housing a nonconforming use, or used in support of a nonconforming use,
4 that experiences substantially destruction or reconstruction may have the nonconforming
5 use continued provided:
6 a. The substantial destruction and/ or reconstruction is the result of a fire or other
7 casualty not intentionally caused by any owner or tenant of the property, and a
8 complete building permit application is filed with the City within 6-months of such fire,
9 natural disaster, or casualty event; or
10 b. The nonconforming use is eligible for, and the property owner obtains, approval for a
11 shoreline conditional use permit.
12 c. The Director may grant up to a 6 month extension of the time limitation set forth in
13 MMC 20.66.090(D)(4)(a) provided:
14 i. The property owner requests the extension in writing prior to the expiration of the
15 time limitation; and
16 ii. The property owner demonstrates extenuating circumstances not of the property
17 owners own making that delay submission of a building permit application, such
18 as resolution of an insurance claim.
19 5. Ordinary maintenance and repair of a structure housing a nonconforming use, such as
20 painting or plumbing repair, shall be permitted provided:
21 a. The work is to maintain safe and sanitary conditions and does not result in an
22 enlargement or expansion of the structure; and
23 b. The work does not result in substantial destruction or reconstruction.
24 6. A nonconforming use shall not be changed to another nonconforming use.
25 E. Nonconforming structures. The following shall apply to all nonconforming structures:
26 1. Any legally established nonconforming structure may continue until such time that the
27 rights for the nonconformity are abandoned pursuant to MMC 20.66.090(E)(4).
28 2. Where multiple structures exist on the same lot, the requirements of this section shall
29 apply to each structure independent of the other structure on the same lot; except where
30 the nonconformity is due to structural coverage, the requirements of this section shall
31 apply to the combined structural coverage of all structures on the same lot as if they
32 were one structure.
33 3. A nonconforming structure may be enlarged, extended, repaired, remodeled, or
34 structurally altered provided the work does not increase the nonconformity; except
35 nonconformity may be increased if:
36 a. A minor deviation is approved to match an existing nonconforming setback or
37 nonconforming height; or
38 b. An intrusion into a setback, or additional structural coverage exceeding the shoreline
39 maximum, is determined by the City to be reasonably necessary and the minimum
40 necessary to improve access for elderly or disabled persons.
41 4. Except as provided for in MMC 20.66.090(E)(6), a nonconforming structure shall be
42 determined to have its nonconformity abandoned and all nonconforming rights lost
43 where:
44 a. Any single-family dwelling, or any detached accessory building associated with a
45 single-family dwelling, experiences substantial destruction; or
46 b. A pier or dock experiences repairs exceeding those listed in MMC 20.65.050, or if
47 not listed experiences reconstruction; or
48 c. A structure, not listed in MMC 20.66.090(E)(4)(a) or (b), experiences either
49 substantial destruction or reconstruction.
50 5. Where the rights to a nonconforming structure have been abandoned, continuation of
51 the nonconformity shall cease and any subsequent repair, remodel, alteration, or
SMP Attachment A 63
Attachment A
1
rebuilding shall require the entire structure to be brought into compliance with all
2
development regulations in effect.
3
6.
A nonconforming structure that experiences substantial destruction or reconstruction
4
may maintain the condition of nonconformity provided that:
5
a. The substantial destruction and/ or reconstruction is the result of a fire, natural
6
disaster or other casualty not intentionally caused by any owner or tenant of the
7
property, and a complete building permit application is filed with the City within 6-
8
months of such fire or casualty event; or
9
b. The nonconforming structure, or portion thereof, was declared to be unsafe by the
10
City's Building Official, and the property owner submits an application for a building
11
permit to reconstruct within 6 months of said determination.
12
c. The Director may grant up to a 6 month extension to the time limitation set forth in
13
this section provided:
14
i. The property owner requests the extension in writing prior to the expiration of the
15
time limitation; and
16
ii. The property owner demonstrates extenuating circumstances not of the property
17
owners making that delay submission of a building permit application, such as
18
resolution of an insurance claim.
19
7.
Where a property exceeds maximum structural coverage standards, upper floor
20
additions shall not constitute an expansion of the nonconforming structural coverage,
21
provided that the resulting total gross area (footprint) of the upper floor does not exceed
22
the maximum structural coverage prescribed for the lot.
23
F. In
addition to the provision set forth in MMC 20.66.090(E)(6), an existing single-family
24
dwelling, accessory patio and/or accessory deck, not complying with a shoreline setback
25
may experience substantial destruction or reconstruction while preserving the right to the
26
existing nonconforming shoreline setback provided:
27
1.
The replacement dwelling, patio or deck is reconstructed within the footprint of the
28
existing structure;
29
2.
Any expansion of the footprint, including any addition to the dwelling, or adding a cover
30
to an uncovered patio or deck, shall conform to the shoreline setback prescribed in MMC
31
20.63.050; and
32
3.
A complete application for a building permit to construct a new dwelling, deck or patio is
33
submitted within six months following substantial destruction or reconstruction of the
34
structure; and
35
4.
A patio not requiring a building permit is replaced immediately following reconstruction.
36
G. Unlawful uses and structures.
37
1.
Uses and structures that did not comply with applicable development regulations in
38
effect at the time of its establishment are determined illegal and subject to enforcement
39
as prescribed by law.
40
2.
Nothing in this section shall be interpreted as granting any right to continue occupancy of
41
property containing an illegal use or structure.
42
3.
The intermittent, temporary, or illegal use of land or structures shall not be sufficient to
43
establish the existence of a nonconforming use and/ or structure.
44
45 20.66.100 Parking.
46
47 A. Parking facilities are permitted pursuant to the use table set forth in MMC 20.62.030.
48 Parking shall be incidental and a secondary use and located as a principal use of a lot.
49 B. Parking facilities shall provide adequate provisions to control surface water runoff to prevent
50 contaminating water bodies.
SMP Attachment A 64
Attachment A
1 C. Parking facilities shall not be located waterward of the building housing the principal use,
2 except where it can be demonstrated to the Director that an alternative design would have
3 less adverse impact on the shoreline.
4 D. Exterior parking facilities shall be designed and landscaped to minimize all adverse impacts
5 upon the shoreline.
6
7 20.66.110 Lighting.
8
9 A. Exterior lighting shall be controlled using limits on height, light levels of fixtures, light shields,
10 and other mechanisms that:
11 1. Prevent light pollution or other adverse effects that could infringe upon public enjoyment
12 of the shoreline;
13 2. Protect residential uses from adverse impacts that can be associated with light trespass
14 from adjoining properties; and
15 3. Prevent adverse effects on fish and wildlife species and their habitats.
16 B. Exterior lighting shall be directed downward and away from adjoining residential properties
17 and Lake Washington. Shielding may be required to conceal the light source.
18 C. Exterior lighting mounted on piers, docks or other water -dependent uses located at the
19 shoreline edge shall be at ground or dock level and be designed to prevent lighting from
20 spilling onto the lake water.
21 D. The following shall be exempt from the lighting requirements in this section:
22 1. Emergency lighting required for public safety;
23 2. Lighting for public rights -of -way;
24 3. Outdoor lighting for temporary or periodic events (e.g. community events at public
25 parks);
26 4. Seasonal decoration lighting; and
27 5. Lighting required by a state or federal agency for navigation purposes.
28
29 20.66.120 Financial securities.
30
31 Where a financial security is required, an applicant may choose to provide a bond, line of credit,
32 cash deposit, or other form of financial guarantee that is acceptable to the City. The terms of
33 the financial security shall include the following:
34 A. An amount of funds equal to 100 percent that is sufficient to fully guarantee that all required
35 enhancements, mitigation and/or other improvements are completed in a manner that
36 complies with the conditions of approval and with satisfactory workmanship and materials;
37 B. An amount of funds equal to 100 percent that guarantees maintenance and/ or monitoring
38 requirements are followed and the expense of correcting any failures;
39 C. An amount equal to 100 percent to cover estimated expenses to administer the security
40 should it become necessary to apply the financial security towards completing the
41 enhancements, mitigation and/ or other improvements;
42 D. Conditions under which the financial security is providing a guarantee;
43 E. A holding timeframe before the financial security may be released;
44 F. Terms to release the security, once all of the terms of the financial security have been
45 satisfactory completed.
46
47 20.66.130 Emergency actions.
48
49 A. Emergency actions are those that pose an unanticipated and imminent threat to public
50 health, safety, or the environment and that require immediate action or within a time too
51 short to allow full compliance with the provisions of the shoreline master program.
SMP Attachment A 65
Attachment A
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LV
C.
FBI
Emergency actions shall comply with the following conditions:
1. Limited to using reasonable methods necessary to address the emergency;
2. Have the least possible impacts on shoreline ecological functions and processes; and
3. Comply with the requirements of the Medina Shoreline Master Program, to the extent
feasible.
Notification requirements.
1. The party undertaking the emergency action shall notify the City immediately of the
existence of the emergency and the proposed emergency action, or when this is not
practice, within two business days following commencement of the emergency action.
2. The party undertaking the emergency action shall provide the City within seven days
following completion of the emergency action, a written description of the work
undertaken, a site plan, a description of the pre -emergency conditions, and other
information requested by the City to determine the action was permitted within the scope
of an emergency action.
Decision.
1. The Director shall evaluate the emergency action for consistency with WAC 173-27-
040(2)(d) and determine whether the action taken, or any part of the action taken, was
within the scope of an emergency action.
2. If the Director determines that the action does not qualify as an emergency action, the
party may be required to obtain a permit and/or require remediation. This shall not
preempt the City from determining a particular action to be a violation subject to
enforcement under Chapter 1.15 MMC.
3. Whether the situation qualified as an emergency action or not, the City may require that
the property owner and/ or the party that undertook the emergency action provide
mitigation for impacts to shoreline ecological functions.
SMP Attachment A
Attachment A
Chapter 20.67
Critical Areas in the Shoreline
4 Sections:
5
20.67.010
Purpose
6
20.67.020
Shoreline critical areas - general provisions.
7
20.67.030
Applicability.
8
20.67.040
Definitions.
9
20.67.050
General requirements.
10
20.67.060
Critical areas report.
11
20.67.070
Wetlands.
12
20.67.080
Geologically hazardous areas.
13
20.67.090
Fish and Wildlife Habitat Conservation Areas.
14
15
20.67.010
Purpose
16
17 The purpose of this chapter is to designate and classify ecologically critical areas and to protect
18 these areas and their functions and their values where they exist in shoreline jurisdiction. The
19 mechanisms established in this chapter are intended to protect critical areas in shoreline
20 jurisdiction and achieve no net loss of shoreline ecological functions.
21
22 20.67.020 Shoreline critical areas - general provisions.
23
24 A. The requirements of this chapter do not extend beyond the shorelines jurisdiction limits
25 specified in the shoreline master program and the Act. For regulations addressing critical
26 areas and/ or their buffers that are outside of the shorelines jurisdiction, see Chapter 18.12
27 MMC.
28 B. This chapter shall not repeal, abrogate or impair any existing regulations. However, where
29 this chapter imposes greater restrictions, the requirements of this chapter shall prevail.
30 C. The critical areas regulations in this chapter apply as an overlay and in addition to zoning
31 and other regulations adopted by the City, except the critical areas regulations set forth in
32 Chapter 18.12 MMC shall not apply.
33 D. Compliance with this chapter does not constitute compliance with other federal, state, and
34 local regulations and permit requirements that may be required (e.g., substantial
35 development permits, HPA permits, Army Corps of Engineers Section 404 permits, NPDES
36 permits). The applicant is responsible for complying with these requirements, apart from the
37 requirements established in this chapter.
38 E. Impacts to critical areas must be addressed through compliance with the policies and
39 regulations of the specific shoreline environment designation, the general shoreline
40 regulations found in Chapter 20.66 MMC, and the regulations of this chapter.
41 F. Variances to the strict requirements of this chapter shall not be granted, except through the
42 shoreline variance processes meeting the criteria set forth in WAC 183-27-170. The
43 Reasonable Use Exception set forth in MMC 18.12.130 shall not apply to critical areas
44 within the shoreline area.
45
46 20.67.030 Applicability.
47
48 A. Applicability. The provisions of this chapter apply to all development, activity, and
49 associated uses within the shoreline jurisdiction, which contain critical areas and their
50 buffers as defined in this chapter.
SMP Attachment A 67
Attachment A
1 B. Critical areas exemptions. The following development, activities and associated uses shall
2 be exempt from the requirements of this chapter; however, the critical areas exemptions do
3 not include exemptions from other provisions of the shoreline master program such as
4 exemptions from substantial development permits provided under WAC 173-27-040
5 1. Emergency actions as set forth in MMC 20.66.130.
6 2. Operations, maintenance, remodel or repair of existing structures and facilities, provide
7 there is no further intrusion into a critical area or its buffers and there is no significant
8 increase in risk to life or property as result of the action.
9 3. Minor site investigate work necessary for land use submittals, such as surveys, soil logs,
10 percolation tests, and other related activities, where such activities do not require
11 construction of new roads or significant amounts of excavation in. In every case the
12 disruption to the critical area shall be minimized and the disturbed areas immediately
13 restored.
14 4. Construction or modification of navigational aids and boundary markers.
15 C. Limited critical areas exemptions. The following developments, activities, and associated
16 uses shall not be required to follow a critical areas review process; provided, that they are
17 consistent with the requirements of this chapter and the other provisions of the Medina
18 Shoreline Master Program. The City may condition approval of such to ensure adequate
19 critical areas protection:
20 1. Existing single-family residences may be expanded, reconstructed, or replaced, provided
21 all of the following are met:
22 a. Expansion within a critical area buffer is limited to 500 square feet of structural
23 coverage beyond the existing structural coverage;
24 b. The expansion extends no closer to critical area than previously;
25 c. The proposal does not cause a net loss of shoreline ecological functions of wetlands,
26 fish and wildlife habitat conservation areas, and their buffers;
27 d. The proposal includes on -site mitigation to achieve no net loss of ecological
28 functions;
29 e. The proposal will not significantly affect drainage capabilities, flood potential, and
30 steep slopes and landslide hazards on neighboring properties; and
31 f. The expansion would not cause a tree within a buffer to be labeled as a hazardous
32 tree and thus require the removal of the hazardous tree;
33 2. Replacement, modification, installation or construction of streets and utilities in existing
34 developed utility easements, improved city street rights -of -way, or developed private
35 streets. Utilities include water, sewer lines, and stormwater and franchise (private)
36 utilities such as natural gas lines, telecommunication lines, cable communication lines,
37 electrical lines and other appurtenances associated with these utilities. The activity
38 cannot further permanently alter or increase the impact to, or encroach further within, a
39 critical area or buffer and must utilize best management practices;
40 3. Public and Private Non -motorized Trails. Public and private pedestrian trails provided:
41 a. There is no practicable alternative that would allow placement of the trail outside of
42 critical area or their buffers;
43 b. The trail surface shall meet all other requirements including water quality standards;
44 c. Trails proposed in stream or wetland buffers shall be located in the outer 25 percent
45 of the buffer area, except when bridges or access points are proposed;
46 d. Stream and wetland buffer widths shall be increased, where possible, equal to the
47 width of the trail corridor, including disturbed areas;
48 e. Trail corridors in critical areas and buffers shall not exceed six feet in width; and
49 f. Trails proposed to be located in landslide or erosion hazard areas shall be
50 constructed in a manner that does not increase the risk of landslide or erosion and in
51 accordance with an approved geotechnical report;
SMP Attachment A 68
Attachment A
1 4. Select Vegetation Removal Activities. The following limited vegetation removal activities
2 are allowed in critical areas and buffers. Otherwise, removal of any vegetation or woody
3 debris from a critical area shall be prohibited unless the action is part of an approved
4 alteration.
5 a. The removal of the following vegetation with hand labor and/or light equipment; pro-
6 vided, that the appropriate erosion -control measures are used and the area is
7 replanted with native vegetation:
8 i. Invasive weeds;
9 ii. Himalayan blackberry (Rubus discolor, R. procerus);
10 iii. Evergreen blackberry (R. laciniatus);
11 iv. Ivy (Hedera spp.); and
12 v. Holly (Ilex spp.), laurel, Japanese knotweed (Polygonum cuspidatum), or any
13 other species on the King County Noxious Weed List.
14 b. The cutting and removal of trees that are hazardous, posing a threat to public safety,
15 or posing an imminent risk of damage to private property, from critical areas and
16 buffers; provided, that the provisions in MMC 20.66.050 are followed.
17 c. Trimming of vegetation for purposes of providing view corridors will be allowed; and
18 that trimming shall be limited to view corridors of 20 feet in width or less, that the
19 limbs involved do not exceed three inches in diameter, that no more than 25 percent
20 of the live crown is removed, and that benefits to fish and wildlife habitat are not
21 reduced. Trimming shall be limited to hand pruning of branches and vegetation.
22 Trimming shall not include felling, topping, stripping, excessive pruning or removal of
23 trees.
24 d. Measures to control a fire or halt the spread of disease or damaging insects
25 consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that
26 the removed vegetation shall be replaced in -kind or with similar native species within
27 one year in accordance with an approved restoration plan prepared by a qualified
28 professional; and
29 5. Conservation, Preservation, Restoration and/or Enhancement.
30 a. Conservation and/or preservation of soil, water, vegetation, fish and/or other wildlife
31 that does not entail alteration of the location, size, dimensions or functions of an
32 existing critical area and/or buffer; and
33 b. Restoration and/or enhancement of critical areas or buffers; provided, that actions do
34 not alter the location, dimensions or size of the critical area and/or buffer; that actions
35 do not alter or disturb existing native vegetation or wildlife habitat attributes; that
36 actions improve and do not reduce the existing functions of the critical areas or
37 buffers; and that actions are implemented according to a restoration and/or
38 enhancement plan that has been approved by the City.
39
40 20.67.040 Definitions.
41
42 A. In addition to the definitions set forth in Chapter 20.60 MMC, the definitions set forth in
43 Chapter 18.12 MMC and adopted under Ordinance No. 784 shall be adopted as the
44 definitions applicable to critical areas within the shoreline jurisdiction.
45 B. If any definition in Chapter 18.12 MMC conflicts with provisions in the shoreline master
46 Droaram. the shoreline master Droaram shall Drevail.
47
48 20.67.050 General requirements.
49
50 A. Avoid impacts to critical areas.
SMP Attachment A 69
Attachment A
1 1. The applicant shall avoid all impacts that result in a net loss of shoreline ecological
2 functions, or where the results are an unacceptable level of risk associated with a
3 geologically hazardous area.
4 2. Unless otherwise provided for in this chapter:
5 a. If alteration to fish and wildlife habitat conservation areas, wetlands and/or their
6 buffers is proposed, impacts resulting from a development proposal or alteration
7 shall be mitigated in accordance with the mitigation sequencing set forth in MMC
8 20.67.050(B) and an approved critical area report and any applicable SEPA
9 documents; or
10 b. A development proposal or alteration within a geologically hazardous area and/or its
11 buffer must comply with a geotechnical report approved by the city that assesses the
12 risk to health and safety, and makes recommendations for reducing the risk to
13 acceptable levels through engineering, design, and/or construction practices.
14 B. Mitigation.
15 1. Mitigation shall be in -kind and on -site, where feasible, and sufficient to maintain critical
16 areas and shoreline ecological functions and values, and to prevent risk from hazards
17 posed by a critical area.
18 2. Mitigation shall not be implemented until after the City approves the applicable critical
19 area report and mitigation plan. Following city approval, mitigation shall be implemented
20 in accordance with the provisions of the approved critical area report and mitigation plan.
21 C. Mitigation sequencing.
22 1. Pursuant to MMC 20.66.020, applicants must demonstrate that all reasonable efforts
23 have been examined with the intent to avoid or minimize impacts to shoreline ecological
24 functions as provided by critical areas.
25 2. When an alteration to a critical area and/or buffer is proposed, such alteration shall
26 follow the mitigation sequencing set forth as follows:
27 a. For fish and wildlife habitat conservation areas, wetlands and/or their buffers,
28 avoiding the impact altogether by not taking a certain action or parts of an action,
29 except this provision shall not be used to deny a use or activity specifically
30 authorized by the shoreline master program;
31 b. For geological hazards, minimizing or eliminating the hazard by restoring or stabi-
32 lizing the hazard area through engineered or other methods;
33 c. Minimizing impacts by limiting the degree or magnitude of the action by using
34 appropriate technology, or by taking affirmative steps to avoid or reduce the impact;
35 d. Rectifying the impact by repairing, rehabilitating, or restoring the affected
36 environment;
37 e. Reducing or eliminating the impacts over time by preservation and/or maintenance
38 operations;
39 f. Compensating for the impact by replacing, enhancing, or providing substitute
40 resources or environments; and
41 g. Monitoring the impact and the compensation projects and taking appropriate
42 corrective measures.
43 D. Mitigation plan requirements. Where mitigation is required, the applicant shall submit, and
44 obtain approval from the City, a mitigation plan as part of, or in addition to, the critical area
45 report. The mitigation plan shall include the following information:
46 1. A description of existing critical areas and/or buffers conditions, shoreline ecological
47 functions as provided by critical areas, and a description of the anticipated impacts;
48 2. A description of proposed mitigating actions and mitigation site selection criteria;
49 3. A description of the goals and objectives of proposed mitigation relating to impacts to
50 shoreline ecological functions as provided by critical areas;
SMP Attachment A 70
Attachment A
1 4. A review of the most current, accurate, and complete scientific and technical information
2 available supporting proposed mitigation, a description of the plan/report author's
3 experience to date in restoring or creating the type of critical area proposed, and an
4 analysis of the likelihood of success of the mitigation project;
5 5. A description of specific measurable criteria for evaluating whether or not the goals and
6 objectives of the mitigation plan have been successfully attained and whether or not the
7 requirements of these critical area regulations have been met;
8 6. Detailed construction plans including site diagrams, cross -sectional drawings,
9 topographic elevations at one- or two -foot contours, slope percentage, final grade
10 elevations, and any other drawings appropriate to show construction techniques or
11 anticipated final outcome;
12 7. Construction plans should also include specifications and descriptions of:
13 a. Proposed construction sequence, timing, and duration;
14 b. Grading and excavation details;
15 c. Erosion and sediment control features;
16 d. A planting plan specifying plant species, quantities, locations, size, spacing, and
17 density, with density standards as follows:
18 i. Forested conditions:
19 (1) Trees: Nine feet on center, or 0.012 trees per square foot (this assumes two-
20 to five -gallon size) with at least 50 percent conifers;
21 (2) Shrubs: Six feet on center, or 0.028 shrubs per square foot (this assumes
22 one- to two -gallon size); and
23 (3) Herbs and groundcovers: Four feet on center, or 0.063 plants per square foot
24 (this assumes 10-inch plug or four -inch pot).
25 ii. Shrub conditions:
26 (1) Shrubs: Five feet on center, or 0.04 shrubs per square foot (this assumes
27 one- to two -gallon size); and
28 (2) Herbs and groundcovers: Four feet on center, or 0.063 plants per square foot
29 (this assumes 10-inch plug or four -inch pot).
30 iii. Emergent, herbaceous and/or ground -cover conditions:
31 (1) Herbs and groundcovers: One foot on center, or one plant per square foot
32 (this assumes 10-inch plug or four -inch pot); or
33 (2) Herbs and groundcovers: Eighteen inches on center, or 0.444 plant per
34 square foot if supplemented by over -seeding of native herbs, emergent or
35 graminoids as appropriate;
36 e. Measures to protect and maintain plants until established;
37 8. A maintenance and monitoring program containing, but not limited to the following:
38 a. An outline of the schedule for site monitoring:
39 b. Performance standards including, but not limited to, 100 percent survival of newly
40 planted vegetation within the first two years of planting, and 80 percent for years
41 three or more;
42 c. Contingency plans identifying courses of action and any corrective measures to be
43 taken if monitoring or evaluation indicates performance standards have not been
44 met;
45 d. The period of time necessary to establish that performance standards have been
46 met, not to be less than three years;
47 9. Financial guarantees ensuring fulfillment of the compensation project, monitoring
48 program, and any contingency measures shall be posted in accordance with MMC
49 20.66.120;
50 10. Other information determined necessary by the Director.
SMP Attachment A 71
Attachment A
4
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E
F.
C0
Determination process. The Director shall make a determination as to whether the
proposed activity and mitigation, if any, is consistent with the provisions of these critical
areas regulations. The Director's determination shall be based on the following:
1. Any alteration to a critical area and/or critical area buffer, unless otherwise provided for
in these critical area regulations, shall be reviewed and approved, approved with
conditions, or denied based on the proposal's ability to comply with all of the following
criteria:
a. The proposal results in no net loss of shoreline ecological functions as provided by
critical areas in accordance with the mitigation sequencing prescribed in MMC
20.67.050(C);
b. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site;
c. The proposal is consistent with the general purposes of these critical area
regulations, the Shoreline Master Program and the public interest;
d. Any impacts permitted to the critical area and/or buffers are mitigated in accordance
with MMC 20.67.050(B), (C) and (D);
e. The proposal protects critical area and/or buffer functions and values consistent with
the most current, accurate, and complete scientific and technical information
available; and
f. The proposal is consistent with other applicable regulations and standards.
2. The City may condition the proposed activity as necessary to mitigate impacts to critical
areas and/or buffers and to conform to the standards required by these critical area
regulations.
3. Except as provided for by these critical area regulations, any project that cannot
adequately mitigate its impacts to critical areas and/or buffers shall be denied.
4. The City may require critical area or geotechnical reports to have an evaluation by an
independent qualified professional at the applicant's expense when determined to be
necessary to the review of the proposed activity.
Notice on title. In order to inform subsequent purchasers of real property of the existence of
critical areas, the owner of any property containing a critical area or buffer on which a
development proposal is submitted shall file for record with King County Auditor a notice
approved in form by the City. The notice shall state the presence of the critical area or buffer
on the property. The owner shall submit proof to the City that the notice has been filed for
record within 30 days after the approval of a development permit. The notice shall run with
the land, and failure to provide such notice to any purchaser prior to transferring any interest
in the property shall be a violation of this chapter.
Native Growth Protection Areas (NGPAs) shall be used in development proposals for
subdivisions and short subdivisions in accordance with the following:
1. NGPAs shall delineate and protect those contiguous critical areas and buffers listed
below:
a. All landslide hazard areas and buffers, except when a development proposal is
approved in a landslide hazard area and/or buffer per a geotechnical report;
b. All wetlands and buffers;
c. All fish and wildlife habitat conservation areas; and
d. All other lands to be protected from impacts as conditioned by project approval;
2. NGPAs shall be recorded on all documents of title of record for all affected lots;
3. NGPAs shall be designated on the face of the plat or recorded drawing in a format
approved by the City and include the following restrictions:
a. Native vegetation shall be preserved within the NGPA for the purpose of preventing
harm to property and the environment; and
b. The city of Medina has the right to enforce NGPA restrictions.
SMP Attachment A
72
Attachment A
20.67.060 Critical areas report.
4 A.
5
6
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50
51
0
L
17
If fish and wildlife habitat conservation areas, wetlands, steep slopes and/or their buffers
may be affected by a proposed activity, the applicant shall submit a critical area report
meeting the following requirements:
1. Prepared by a qualified professional;
2. Incorporate the most current accurate and complete scientific and technical information
available using scientifically valid methods and studies in the analysis of critical area
data and field reconnaissance and reference the source of science used; and
3. Evaluate the proposal and all probable impacts to critical areas in accordance with the
provisions of these critical area regulations.
At a minimum the report shall include the following information:
1. The applicant's name and contact information, a project description, project location, and
identification of the permit requested;
2. A site plan for the proposal showing:
a. The development proposal with dimensions and any identified critical areas and
buffers within 200 feet of the proposed project; and
b. Limits of any areas to be cleared;
3. The date the report was prepared;
4. The names and qualifications of the persons preparing the report and documentation of
any fieldwork performed on the site;
5. Identification and characterization of all noncritical areas and critical areas and their
buffers within, and adjacent to, the proposed project area. This information shall include,
but is not limited to:
a. Size or acreage, if applicable;
b. Applicable topographic, vegetative, faunal, soil, substrate and hydrologic
characteristics; and
c. Relationship to other nearby critical areas;
6. An assessment of the probable cumulative impacts to critical areas resulting from the
proposed development;
7. An analysis of site development alternatives;
8. A description of reasonable efforts made to apply mitigation sequencing pursuant to
MMC 20.67.050(C) to avoid or compensate for impacts to shoreline ecological functions
as provided by critical areas;
9. Plans for mitigation in accordance with MMC 20.67.050(B), (C) and (D); and
10. Any additional information required for the critical area as specified in this chapter.
The applicant may consult with the Director prior to or during preparation of the critical area
report to obtain City approval of modifications to the required contents of the report where, in
the judgment of a qualified professional, more or less information is required to adequately
address the potential critical area impacts and required mitigation.
The Director may require additional information to be included in the critical area report and
may also require the critical area report to include an evaluation by the Department of
Ecology or an independent qualified expert when determined to be necessary to the review
of the proposed activity in accordance with these critical area regulations.
20.67.70 Wetlands
A. Designation.
1. Wetlands are those areas, designated in accordance with the approved federal wetland
delineation manual and applicable regional supplements set forth in WAC 173-22-035.
SMP Attachment A
73
Attachment A
1 2. All areas within the city of Medina that meet the wetland designation criteria in the
2 manual, regardless of any formal identification, are hereby designated critical areas and
3 are subject to the provisions of these critical area regulations.
4 B. Wetland ratings. Wetlands shall be rated according to the Washington Department of
5 Ecology wetland rating system for Western Washington (Ecology Publication #04-06-025, or
6 as revised and approved by Ecology). These documents contain the definitions and
7 methods for determining if the criteria below are met.
8 C. Wetland Rating Categories.
9 1. The following table provides a summary of the categories of wetland and the criteria for
10 their categorization.
11
12
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15
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18
19
20 D.
21
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23
24
25
26
27
28
29
30 E.
Table 20.67.070(C) Wetland Cateaories
Category
Criteria for Designation
• Represent a unique or rare wetland type;
• Are more sensitive to disturbance than most wetlands;
• Are relatively undisturbed and contain ecological
Category I
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.
• Are not defined as Category I wetlands.
• Are difficult, though not impossible, to replace;
Category II
• Provide high levels of some functions;
• Score 51 to 69 points on the rating system
• Do not satisfy Category I or II criteria;
Category III
• Provide moderate levels of functions;
• Score 30 to 50 on the rating system.
• Do not satisfy Category I, II or III criteria;
• Provide the lowest levels of functions;
Category IV
• Often are heavily disturbed;
• Score fewer than 30 points on the rating system.
2. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists
on the date of adoption of the rating system by the City, as the wetland naturally
changes thereafter, or as the wetland changes in accordance with permitted activities.
Wetland rating categories shall not change due to illegal modifications.
3. Wetland rating categories shall not change due to illegal modifications made by the
property owner or with the property owner's knowledge.
Mapping.
1. The approximate location and extent of known wetlands are identified in the City of
Medina Critical Areas Inventory. This inventory is to only be used as a guide for the city
of Medina, project applicants, and/or property owners, and may be continuously updated
as new critical areas are identified. The inventory is only a reference and does not
provide a final critical area designation.
2. The exact location of a wetland's boundary shall be determined through the performance
of a field investigation by a qualified professional applying the Washington State
Wetlands Identification and Delineation Manual (Department of Ecology Publication No.
96-94), or as revised, as required by RCW 36.70A.175.
Wetlands — development standards.
SMP Attachment A
74
Attachment A
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1. Activities and uses shall be prohibited within wetland and wetland buffer areas, except
as provided for in these critical area regulations.
2. The following table contains wetland buffer widths:
Table 20.67.070(E) Wetland Buffer Widths
Wetland
Category
Standard
Buffer
Width
Buffer if Ratina
Score includes 21
Buffer if Ratina
Buffer if Ratina
Score includes
Score includes
26 — 29 Habitat
30 — 36 Habitat
— 25 Habitat aoints
oints
olnts
Cate o 1
75 feet
105 feet
165 feet
225 feet
Catego II
75 feet
105 feet
165 feet
225 feet
Category 111
60 feet
105 feet
165 feet
Not Applicable
Category IV
40 feet
Not Applicable
Not Applicable
Not Applicable
M
3. The width of the wetland buffer shall be determined according to the wetland category
and habitat scoring of the wetland and Table 20.67.070(E).
4. Measurement of wetland buffers shall be from the outer edges of the wetland boundaries
as determined through the performance of a field investigation by a qualified
professional applying the wetlands identification and delineation pursuant to MMC
20.67.070(B) and as surveyed in the field.
Wetland Buffer Reduction. The wetland buffer width in Table 20.67.070(E) may be reduced
by up to a maximum of 25 percent provided:
1. The amount of reduction is based on voluntary employment of incentive -based action
measures set forth in MMC 20.67.070(G);
2. A critical areas report prepared by a professional with expertise in wetlands and
approved by the City using the most current, accurate, and complete scientific and
technical information available determines a smaller area can be adequate to protect the
wetland functions and values based on site -specific characteristics; and
3. The mitigation provided will result in a net improvement of the wetland and buffer
functions;
4. Any remaining wetland buffer areas on the property not subject to the reduction, but are
degraded, are re -vegetated with native plants; and
5. A five year monitoring and maintenance program is provided.
The following table provides incentive options that may be employed to allow for the
reduction of a wetland buffer width as set forth in MMC 20.67.070(F). Where multiple
options for an action are prescribed in the table, only one option under that action may be
applied.
SMP Attachment A
75
Attachment A
1 Table 20.67.070(G) Wetland Buffer Reduction Incentive Options
Description of Action
Options
Reduction
Allowance
Remove at least 50 percent of the
impervious surface within the reduced
buffer area, but where the total
5 percent points
impervious surface removed is less than
500 square feet
Remove at least 50 percent of the
Remove impervious
surface within wetland
impervious surface within the reduced
buffer area
buffer, but where the total impervious
10 percent points
surface removed is more than 500 square
feet
Remove 100 percent of impervious
surfaces within the reduced buffer, where
20 percent points
at least 50 percent of the reduced buffer
presently contains impervious surface
Install bioswales, created and/ or
Install Biofiltration/
enhanced wetlands, or ponds
20 percent points
infiltration mechanisms
supplemental to existing surface water
drainage and water quality requirements
Remove invasive, nonnative vegetation
and continue maintenance during the 5-
Remove invasive,
year monitoring program of removing
10 percent points
nonnative vegetation
relatively dense stands of invasive,
nonnative vegetation from significant
portions of the reduced buffer area
If not required by other provisions of the
Install oil -water separator
Medina Municipal Code, install oil -water
10 percent points
separators for surface water quality
control
Replace Impervious
Replace impervious materials for
materials
driveway/ road construction with pervious
10 percent points
materials
Provide off -site
Restoration is provided at a 2:1 ratio or
10 percent points
Restoration where no on-
greater
site restoration is
Restoration is provided at a 4:1 ratio or
20 percent points
available
greater
Remove Toxic materials
Remove significant refuse or sources of
10 percent points
toxic material
3 H. Averaging of Wetland Buffer Width. The City may allow the wetland buffer width to be
4 averaged provided:
5 1. The proposal results in a net improvement of wetland, habitat and buffer function;
6 2. The proposal includes re -vegetation of the averaged buffer using native plants, if
7 needed;
8 3. The total area contained in the buffer of each wetland on the development proposal site
9 is not decreased;
10 4. The wetland buffer width is not reduced by more than 25 percent in any one location;
11 and
SMP Attachment A 76
Attachment A
1 5. A critical areas report meeting the requirements set forth in MMC 20.67.060 indicates
2 the criteria in this subsection will be met.
3 I. Wetland buffer averaging and wetland buffer reduction may not be used together on an
4 individual wetland.
5 J. Buffers for Mitigation Shall Be Consistent. All mitigation sites shall have buffers consistent
6 with the buffer requirements of this chapter. The buffer for a wetland that is created,
7 restored, or enhanced as compensation for approved wetland alterations shall have the
8 minimum buffer required for the highest wetland category involved.
9 K. Buffer Conditions Shall Be Maintained. Except as otherwise specified or allowed in
10 accordance with these critical area regulations, wetland buffers shall be retained in their
11 natural condition.
12 L. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those
13 areas to be disturbed pursuant to an approved permit or authorization shall be marked in the
14 field in such a way as to ensure that no unauthorized intrusion will occur, and inspected by
is the City prior to the commencement of permitted activities. This temporary marking shall be
16 maintained throughout construction, and shall not be removed until permanent signs, if
17 required, are in place pursuant to MMC 20.67.070(M).
18 M. Permanent Signs.
19 1. As a condition of any permit or authorization issued pursuant to this chapter, the city
20 manager or designee may require the applicant to install permanent signs along the
21 boundary of a wetland or buffer.
22 2. Permanent signs shall be made of a metal face and attached to a metal post, or another
23 material of equal durability. The sign shall be worded as follows or with alternative
24 language approved by the city:
25
26 Protected Wetland Area
27 Do Not Disturb.
28 Contact the City of Medina
29 Regarding Uses and Restriction
30
31 3. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less,
32 and must be maintained by the property owner in perpetuity.
33 N. Fencing.
34 1. The city manager or designee may condition any permit or authorization issued pursuant
35 to this chapter to require the applicant to install a permanent fence at the edge of the
36 wetland buffer, when fencing will prevent future impacts to the wetland.
37 2. Fencing installed as part of a proposed activity or as required in this subsection shall be
38 designed so as to not interfere with species migration, including fish runs, and shall be
39 constructed in a manner that minimizes impacts to the wetland and associated habitat.
40 O. Additional mitigation measures. In addition to the requirements in MMC 20.67.050(B), (C)
41- and (D), when mitigation for wetland and/ or wetland buffer impacts is required, the following
42 supplementary requirements shall apply:
43 1. Mitigation for alterations to wetland and/or wetland buffer shall achieve equivalent or
44 greater shoreline ecological functions and shall be consistent with the Department of
45 Ecology Guidance on Wetland Mitigation in Washington State (2004, Department of
46 Ecology Publication No. 04-06-013), as revised.
47 2. Wetland or wetland buffer mitigation actions shall not result in a net loss of wetland or
48 buffer area except when the lost wetland or buffer area provides minimal functions and
49 the mitigation action(s) results in a net gain in wetland or buffer functions as determined
50 by a site -specific function assessment.
SIAP Attachment A 77
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Mitigation actions shall address and provide equivalent or greater wetland and buffer
functions and values compared to wetland and buffer conditions existing prior to the
proposed alteration.
Mitigation actions shall be in -kind and conducted within the same basin and on the same
site as the alteration except when the following apply:
a. There are no reasonable on -site opportunities for mitigation or on -site opportunities
do not have a high likelihood of success due to development pressures, adjacent
land uses, or on -site buffers or connectivity are inadequate;
b. Off -site mitigation has a greater likelihood of providing equal or improved wetland
functions than the impacted wetland; and
c. Off -site locations shall be in the same basin and the same Water Resource Inventory
Area (WRIA).
Mitigation Timing. Where feasible, mitigation projects shall be completed prior to
activities that will disturb wetlands. In all other cases, mitigation shall be completed
immediately following disturbance and prior to use or occupancy of the activity or
development. Construction of mitigation projects shall be timed to reduce impacts to
existing wildlife and flora.
Mitigation Ratios.
a. The ratios in the following table shall apply to wetland creation or restoration that is
in -kind, on -site, the same category, and has a high probability of success. The first
number specifies the acreage of replacement wetlands and the second specifies the
acreage of wetlands altered.
[#I
C.
Table 20.67.070(0) Wetland Mitigation Ratios
Wetland
Category
Creation or
Re-establishment
Enhancement as
Mitigat on
Category 1
6:1
16:1
Category 11
3:1
12:1
Category 111
2-1
8:1
Category IV
1 . 5:1
6:1.
Increased Replacement Ratio. The Director may increase the ratios under the
following circumstances:
L Uncertainty exists as to the probable success of the proposed restoration or
creation; or
ii. A significant period of time will elapse between impact and replication of wetland
functions; or
iii. Proposed mitigation will result in a lower category wetland or reduced functions
relative to the wetland being impacted; or
iv. The impact was an unauthorized impact.
Decreased Replacement Ratio. The Director may decrease these ratios under the
following circumstances:
L Documentation by a qualified wetlands specialist demonstrates that the proposed
mitigation actions have a very high likelihood of success;
ii. Documentation by a qualified wetlands specialist demonstrates that the proposed
mitigation actions will not result in a net loss of shoreline ecological functions;
and
iii. The proposed mitigation actions are conducted in advance of the impact and
have been shown to be successful.
SMP Attachment A
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d. Minimum Replacement Ratio. In all cases, a minimum acreage replacement ratio of
one-to-one shall be required.
7. Wetland Mitigation Banks.
a. Credits from a wetland mitigation bank may be approved for use as compensation for
unavoidable impacts to wetlands when:
i. The bank is certified under Chapter 173-700 WAC;
ii. The city manager or designee determines that the wetland mitigation bank
provides appropriate compensation for the authorized impacts; and
iii. The proposed use of credits is consistent with the terms and conditions of the
bank's certification.
b. Replacement ratios for projects using bank credits shall be consistent with
replacement ratios specified in the bank's certification.
c. Credits from a certified wetland mitigation bank may be used to compensate for
impacts located within the service area specified in the bank's certification. In some
cases, bank service areas may include portions of more than one WRIA for specific
wetland functions.
8. Welland Enhancement as Mitigation.
a. Impacts to wetlands may be mitigated by enhancement of existing significantly
degraded wetlands.
b. Applicants proposing to enhance wetlands must produce a critical area report that
identifies how enhancement will increase the functions of the degraded wetland and
how this increase will adequately mitigate for the loss of wetland area and function at
the impact site.
c. The enhancement acreage shall be pursuant to the ratios in Table 20.67.070(0).
26 20.67.080 Geologically hazardous areas.
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A. Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or
other geologic events. They pose a threat to the health and safety of citizens when
incompatible development is sited in areas of significant hazard. Such incompatible
development may not only place itself at risk, but also may increase the hazard to
surrounding development and use. In the city of Medina, areas susceptible to one or more of
the following types of hazards shall be designated as a geologically hazardous area:
1. Erosion hazard;
2. Landslide hazard; and
3. Seismic hazard.
B. Specific hazard areas — Designation.
1. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the
U.S. Department of Agriculture's Natural Resources Conservation Service as having a
"moderate to severe," "severe," or "very severe" rill and inter -rill erosion hazard.
2. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to
landslides based on a combination of geologic, topographic, and hydrologic factors.
They include areas susceptible because of any combination of bedrock, soil, slope
(gradient), slope aspect, structure, hydrology, or other factors. Example of these may
include, but are not limited to, the following:
a. Areas of historic failures, such as:
i. Those areas delineated by the U.S. Department of Agriculture's Natural
Resources Conservation Service as having a "severe" limitation for building site
development;
SMP Attachment A
E9
Attachment A
1 ii. Areas designated as quaternary slumps, earth -flows, mudflows, lahars, or
2 landslides on maps published by the U.S. Geological Survey or Department of
3 Natural Resources;
4 b. Areas with all three of the following characteristics:
5 i. Slopes steeper than 15 percent; and
6 ii. Hillsides intersecting geologic contacts with a relatively permeable sediment
7 overlying a relatively impermeable sediment or bedrock; and
8 iii. Springs or ground water seepage;
9 c. Slopes that are parallel or sub -parallel to planes of weakness (such as bedding
10 planes, joint systems, and fault planes) in subsurface materials;
11 d. Areas potentially unstable because of rapid stream incision, stream bank erosion,
12 and undercutting by wave action;
13 e. Areas located in a canyon or on an active alluvial fan, presently or potentially subject
14 to inundation by debris flows or catastrophic flooding; and
is f. Steep slopes, which are any area with a slope of 40 percent or steeper and with a
16 vertical relief of 10 or more feet except areas composed of consolidated rock. A
17 slope is delineated by establishing its toe and top and measured by averaging the
18 inclination over at least 10 feet of vertical relief.
19 3. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage
20 as a result of earthquake -induced ground shaking, slope failure, settlement, soil
21 liquefaction, lateral spreading, or surface faulting. One indicator of potential for future
22 earthquake damage is a record of earthquake damage in the past. Ground shaking is
23 the primary cause of earthquake damage in Washington. The strength of ground shaking
24 is primarily affected by:
25 a. The magnitude of an earthquake;
26 b. The distance from the source of an earthquake;
27 c. The type and thickness of geologic materials at the surface; and
28 d. The subsurface geologic structure.
29 Settlement and soil liquefaction conditions occur in areas underlain by cohesionless, loose,
30 or soft -saturated soils of low density, typically in association with a shallow ground water
31 table.
32 C. Mapping.
33 1. The approximate location and extent of geologically hazardous areas are shown on the
34 adopted critical area maps. The adopted critical area maps include:
35 a. U.S. Geological Survey landslide hazard, seismic hazard and volcano hazard maps;
36 b. Department of Natural Resources seismic hazard maps for Western Washington;
37 c. Department of Natural Resources slope stability maps;
38 d. Federal Emergency Management Administration flood insurance maps; and
39 e. Locally adopted maps.
40 2. These maps are to be used as a guide for the city of Medina, project applicants and/or
41 property owners, and may be continuously updated as new critical areas are identified.
42 They are a reference and do not provide a final critical area designation.
43 D. Additional report requirements.
44 1. For development proposed to be located in erosion or landslide hazard areas, the
45 applicant shall submit a geotechnical report prepared by a qualified professional. A
46 steep slope hazard must also meet the requirements for a critical area report set forth in
47 MMC 20.67.060.
48 2. The Director may require a geotechnical report for development proposed in a seismic
49 hazard area.
SMP Attachment A 80
Attachment A
1 E. Where a geotechnical report is required, a geotechnical assessment of the geological
2 hazards including the following site- and proposal -related information shall be included in
3 either the geotechnical report or the critical areas report.
4 1. Site and construction plans for the proposal showing:
5 a. The type and extent of geologic hazard areas, any other critical areas, and any
6 critical area buffers on, adjacent to, within 200 feet of, or that are likely to impact the
7 proposal or be impacted by the proposal;
8 b. Proposed development, including the location of existing and proposed structures,
9 fill, storage of materials, and drainage facilities, with dimensions indicating distances
10 to the geologically hazardous area; and
11 c. The topography, in two -foot contours, of the project area and all hazard areas
12 addressed in the report;
13 2. An assessment of the geologic characteristics and engineering properties of the soils,
14 sediments, and/or rock of the project area and potentially affected adjacent properties,
15 and a review of the site history regarding landslides, erosion, and prior grading. Soils
16 analysis shall be accomplished in accordance with accepted taxonomic classification
17 systems in use in the region. The assessment shall include, but not be limited to:
18 a. A description of the surface and subsurface geology, hydrology, soils, and vegetation
19 found in the project area and in all hazard areas addressed in the report;
20 b. A detailed overview of the field investigations, published data and references; data
21 and conclusions from past assessments of the site; and site specific measurements,
22 tests, investigations, or studies that support the identification of geologically
23 hazardous areas; and
24 c. A description of the vulnerability of the site to the relevant geologic hazard;
25 3. A geotechnical analysis including a detailed description of the project, its relationship to
26 the geologic hazard(s), and its potential impact upon the hazard area, the subject
27 property and affected adjacent properties; and
28 4. Recommendations for the minimum no -disturbance buffer and minimum building setback
29 from any geologic hazard based upon the geotechnical analysis. The Director may
30 assign buffer and building setbacks based on this information. For steep slopes, the
31 minimum buffer widths are specified in MMC 20.67.080(J).
32 5. When hazard mitigation is required:
33 a. The mitigation plan shall specifically address how the activity maintains or reduces
34 the pre-existing level of risk to the site and adjacent properties on a long-term basis
35 (equal to or exceeding the projected lifespan of the activity or occupation);
36 b. Proposed mitigation techniques shall be considered to provide long-term hazard
37 reduction only if they do not require regular maintenance or other actions to maintain
38 their function; and
39 c. Mitigation may also be required to avoid any increase in risk above the pre-existing
40 conditions following abandonment of the activity.
41 6. Where a valid geotechnical report has been prepared and approved by the City within
42 the last five years for a specific site, and where the proposed land use activity and
43 surrounding site conditions are unchanged, said report may be incorporated into the
44 required critical area or geotechnical report provided the applicant submits a
45 geotechnical assessment detailing any changed environmental conditions associated
46 with the site.
47 7. Additional information determined by the Director to be necessary to the review of the
48 proposed activity and the subject hazard.
49 F. In addition to the geotechnical report requirements specified in MMC 20.67.080(E), a
50 geotechnical or critical area report (as specified in MMC 20.67.080(D)) for an erosion hazard
51 or landslide hazard shall include the following information:
SMP Attachment A 81
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H.
1. A site plan for the proposal showing the following:
a. The height of slope, slope gradient, and cross section of the project area;
b. The location of springs, seeps, or other surface expressions of ground water on or
within 200 feet of the project area or that have potential to be affected by the
proposal; and
c. The location and description of surface water runoff.
2. The geotechnical analysis shall specifically include:
a. A description of the extent and type of vegetative cover;
b. An estimate of load capacity including surface and ground water conditions, public
and private sewage disposal systems, fills and excavations, and all structural
development;
c. An estimate of slope stability and the effect construction and placement of structures
will have on the slope over the estimated life of the structure;
d. An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic
events such as seismic activity or a 1 00-year storm event;
e. Consideration of the run -out hazard of landslide debris and/or the impacts of
landslide run -out on down -slope properties;
f. A study of slope stability including an analysis of proposed angles of cut and fills and
site grading;
g. Recommendations for building limitations, structural foundations, and an estimate of
foundation settlement; and
h. An analysis of proposed surface and subsurface drainage, and the vulnerability of
the site to erosion.
3. For any development proposal on a site containing an erosion hazard area, an erosion
and sediment control plan shall be required.
4. A drainage plan for the collection, transport, treatment, discharge and/or recycle of
water.
5. Whenever development, including, but not limited to, stairs, pathways, trams and their
support structures, retaining walls, and structures, is performed on any erosion, landslide
hazard, or steep slope area as defined in this chapter, a mitigation plan shall be
prepared.
a. The plan shall include the location and methods of drainage, surface water
management, locations and methods of erosion control, a vegetation management
and/or replanting plan, and/or other means for maintaining long-term soil stability.
b. All disturbed areas shall be re -vegetated by the property owner.
c. Re -vegetation shall include planting of species indigenous to the Northwest, together
with a schedule of their maintenance.
6. Monitoring Surface Waters. If the Director determines that there is a significant risk of
damage to downstream receiving waters due to potential erosion from the site, based on
the size of the project, the proximity to the receiving waters, or the sensitivity of the
receiving waters, the report shall include a plan to monitor the surface water discharge
from the site. The monitoring plan shall include a recommended schedule for submitting
monitoring reports to the city of Medina.
Seismic hazard areas shall require geotechnical reporting consistent with MMC
20.67.080(E) and the following:
a. The site map shall show all known and mapped faults within 200 feet of the project area
or that have potential to be affected by the proposal.
b. The geotechnical analysis shall include a complete discussion of the potential impacts of
seismic activity on the site (for example, forces generated and fault displacement).
Geologically hazardous areas — general development standards.
SIMP Attachment A
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1. Alterations of geologically hazardous areas or associated buffers may only occur for
activities that a qualified professional determines:
a. Will not increase the threat of the geologic hazard to adjacent properties beyond
predevelopment conditions;
b. Will not adversely impact other critical areas or their buffers;
c. Are designed so that the hazard is eliminated or mitigated to a level equal to or less
than predevelopment conditions; and
d. Are certified as safe by a qualified engineer or geologist, licensed in the state of
Washington.
2. Essential Public Facilities Prohibited. Essential public facilities shall not be sited within
geologically hazardous areas unless there is no other practical alternative.
Geologically hazardous areas — specific development standards.
1. Alterations of an erosion or landslide hazard area and/or buffer may only occur for
activities for which a geotechnical report is submitted and certifies that:
a. The development will not increase surface water discharge or sedimentation to
adjacent properties beyond predevelopment conditions;
b. The development will not decrease slope stability on adjacent properties; and
c. Such alterations will not adversely impact other critical areas or their buffers.
2. A buffer shall be established from all edges of steep slopes as defined in MMC
20,67.080(B)(2)(f). The size of the buffer shall be determined by the Director to eliminate
or minimize the risk of property damage, death or injury resulting from erosion and
landslides caused in whole or part by the development, based upon review of and con-
currence with a critical area report prepared by a qualified professional.
a. Minimum Buffer.
L At the base of a steep slope, the buffer shall be equal to one-half the height of
the slope. The height of the slope shall be measured vertically from the toe to the
top of the slope. For slopes less than 100 percent, the buffer shall be measured
horizontally from the toe of the slope. For slopes greater than or equal to 100
percent, the buffer shall be measured horizontally from the projection of a 100-
percent slope originating at the top of the slope.
ii. At the top of a steep slope, the buffer shall be equal to one-third the height of the
slope. The height of the slope shall be measured vertically from the toe to the top
of the slope. For slopes less than 100 percent, the buffer shall be measured
horizontally from the top of the slope. For slopes greater than or equal to 100
percent, the buffer shall be measured horizontally from the projection of a 100-
percent slope originating at the toe of the slope.
iii. The buffer may be reduced when a qualified professional demonstrates to the
City's satisfaction that the reduction will not increase the risk to health and safety.
iv. The buffer may be increased where the Director determines a larger buffer is
necessary to prevent risk of damage to proposed and existing development.
3. Development within erosion or landslide hazard areas and/or their buffers shall be
designed to meet the following basic requirements unless it can be demonstrated that an
alternative design that deviates from one or more of these standards provides equivalent
or greater long-term slope stability while meeting all other provisions of these critical
area regulations. The requirement for long-term slope stability shall exclude designs that
require periodic maintenance or other actions to maintain their level of function. The
basic development design standards are:
a. The proposed development shall not decrease the factor of safety for landslide
occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic
conditions. Analysis of dynamic conditions shall be based on a minimum horizontal
acceleration as established by the current version of the International Building Code;
SIVIP Attachment A
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Attachment A
1 b. Structures and improvements shall minimize alterations to the natural contour of the
2 slope and foundations shall be tiered where possible to conform to existing
3 topography;
4 c. Structures and improvements shall be located to preserve the most critical portion of
5 the site and its natural landforms and vegetation;
6 d. The proposed development shall not result in greater risk or a need for increased
7 buffers on neighboring properties;
8 e. The use of retaining walls that allow the maintenance of existing natural slope area is
9 preferred over graded artificial slopes; and
10 f. Development shall be designed to minimize impervious lot coverage.
11 4. Unless otherwise provided or as part of an approved alteration, removal of vegetation
12 from an erosion or landslide hazard area or related buffer shall be prohibited.
13 5. Clearing shall be allowed only from May 1st to October 1st of each year; provided, that
14 the city of Medina may extend or shorten the dry season on a case -by -case basis
is depending on actual weather conditions.
16 6. Utility lines and pipes shall be permitted in erosion and landslide hazard areas only when
17 the applicant demonstrates that no other practical alternative is available. The line or
18 pipe shall be located above ground and properly anchored and/or designed so that it will
19 continue to function in the event of an underlying slide. Stormwater conveyance shall be
20 allowed only through a high -density polyethylene pipe with fuse -welded joints, or similar
21 product that is technically equal or superior.
22 7. Point discharges from surface water facilities and roof drains onto or upstream from
23 erosion or landslide hazard area shall be prohibited except as follows:
24 a. Conveyed via continuous storm pipe down -slope to a point where there are no
25 erosion hazards areas downstream from the discharge;
26 b. Discharged at flow durations matching pre -developed conditions, with adequate
27 energy dissipation, into existing channels that previously conveyed stormwater runoff
28 in the pre -developed state; or
29 c. Dispersed discharge upslope of the steep slope onto a low -gradient undisturbed
30 buffer demonstrated to be adequate to infiltrate all surface and stormwater runoff.
31 8. The division of land in erosion and landslide hazard areas and associated buffers is
32 subject to the following:
33 a. Land that is located wholly within erosion or landslide hazard area or its buffer may
34 not be subdivided. Land that is located partially within erosion or landslide hazard
35 area or its buffer may be divided; provided, that each resulting lot has sufficient
36 buildable area outside of, and will not affect, the erosion or landslide hazard or its
37 buffer.
38 b. Access roads and utilities may be permitted within the erosion or landslide hazard
39 area and associated buffers if the city of Medina determines that no other feasible
40 alternative exists.
41 9. On -site sewage disposal systems, including drain fields and infiltration drainage
42 systems, shall be prohibited within erosion and landslide hazard areas and related
43 buffers.
44 10. New stabilization structures for existing primary residences shall be permitted within
45 shoreline areas only where no alternatives (including relocation or reconstruction of
46 existing structures) are feasible and less expensive than the proposed stabilization
47 measure, and then only if no net loss of shoreline ecological functions will result.
48 11. Activities proposed to be located in seismic hazard areas shall meet the standards of
49 MMC 20.67.080(H).
50
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20.67.090 Fish and Wildlife Habitat Conservation Areas
This section shall not apply to shorelines of the state under Chapter 90.58 RCW, except to the
extent specific areas within shorelines of the state qualify for a fish and wildlife habitat
conservation designation consistent with this section.
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; 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. Water typing. Streams shall be designated in accordance to Table 20.67.090(B):
SMP Attachment A 85
Attachment A
2
Table 20.67.0 O(B) Stream Water Type
Water Typing
Designation Criteria
Segments of streams that are at least seasonally
utilized by fish for spawning, rearing or migration.
Stream segments which are fish passable from Lake
Type 1 Stream
Washington are presumed to have at least seasonal
fish use. Fish passage should be determined using
the best professional judgment of a qualified
professio al.
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
Type 2 Stream
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.
Segments of natural waters that are not classified as
Type 1 or 2 streams. These are seasonal, non fish -
Type 3 Stream
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.
3
4 C. Mapping.
5 1. The approximate location and extent of habitat conservation areas are shown on the
6 critical area maps adopted by the city of Medina, as most recently updated. The
7 following critical area maps are hereby adopted:
8 a. Department of Fish and Wildlife Priority Habitat and Species Maps;
9 b. Department of Natural Resources, Official Water Type Reference Maps, as
10 amended;
11 c. Anadromous and resident salmonid distribution maps contained in the Habitat
12 Limiting Factors Reports published by the Washington Conservation Commission;
13 d. Department of Natural Resources State Natural Area Preserves and Natural
14 Resource Conservation Area Maps; and
is e. City of Medina official habitat maps.
16 2. These maps are to be used as a guide for the city of Medina, project applicants, and/or
17 property owners. They are a reference and do not provide a final critical area
18 designation.
19 D. In addition to the critical area report requirements prescribed in MMC 20.67.060, a habitat
20 assessment shall be included. A habitat assessment is an investigation of the project area
21 to evaluate the presence or absence of potential critical fish or wildlife habitat. The habitat
22 assessment shall include the following site- and proposal -related information:
23 1. Identification of any species of local importance, priority species, or endangered,
24 threatened, sensitive or candidate species that has a primary association with habitat on
25 or adjacent to the project area, and assessment of potential project impacts to the use of
26 the site by the species;
SMP Attachment A 86
Attachment A
2
4
8
10
11
12
13
14
15
16
17
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
44
45
46
47
48
49
50
51
2. A discussion of any federal, state, or local special management recommendations,
including Department of Fish and Wildlife habitat management recommendations that
have been developed for species or habitats located on or adjacent to the project area;
3. A discussion of any ongoing management practices that will protect habitat after the
project site has been developed, including any proposed monitoring and maintenance
programs;
4. When appropriate due to the type of habitat or species present or the project area
conditions, the Director may also require the habitat management plan to include:
a. An evaluation by the State Department of Fish and Wildlife, local Native American
Indian tribe, or other qualified expert regarding the applicant's analysis and the
effectiveness of any proposed mitigating measures or programs, to include any
recommendations as appropriate; and/or
b. Detailed surface and subsurface hydrologic features both on and adjacent to the site.
E. Fish and wildlife habitat conservation areas — general development standards.
1. A habitat conservation area may be altered only if the proposed alteration of the habitat
or the mitigation proposed does not result in a net loss of shoreline ecological functions.
All new structures and land alterations shall be prohibited from habitat conservation
areas, except in accordance with this chapter.
2. Whenever activities are proposed in or adjacent to a habitat conservation area, which
state or federally endangered or threatened species have a primary association, such
area shall be protected through the application of measures in accordance with a critical
area report prepared by a qualified professional and approved by the City, and guidance
provided by the appropriate state and/or federal agencies.
3. All activities, uses, and alterations proposed to be located in or within the established
buffers of water bodies used by anadromous fish shall give special consideration to the
preservation and enhancement of anadromous fish and fish habitat.
4. Plant, wildlife, or fish species not indigenous to Western Washington State shall be
excluded from habitat conservation areas unless authorized by a state or federal permit
or approval.
5. Mitigation sites shall be located to achieve contiguous wildlife habitat corridors in
accordance with a mitigation plan that is part of an approved critical area report to
minimize the isolating effects of development on habitat areas, so long as mitigation of
aquatic habitat is located within the same aquatic ecosystem as the area disturbed.
6. The Director shall condition approvals of activities allowed within or adjacent to a habitat
conservation area or its buffers consistent with the mitigation sequencing set forth in
MMC 20.67.050(C). Conditions may include, but are not limited to, the following:
a. Establishment of buffer zones;
b. Preservation of critically important vegetation;
c. Limitation of public access to the habitat area, including fencing to deter
unauthorized access;
d. Seasonal restriction of construction activities;
e. Establishment of a duration and timetable for periodic review of mitigation activities;
and
f. Requirement of a performance bond, when necessary, to ensure completion and
success of proposed mitigation.
7. Mitigation of alterations to habitat conservation areas shall achieve equivalent or greater
shoreline ecological functions, and shall include mitigation for adverse impacts upstream
or downstream of the development proposal site as appropriate. Mitigation shall address
each function affected by the alteration to achieve functional equivalency or
improvement on a per function basis. Mitigation should occur in the same sub -drainage
basin as the habitat impacted.
SMP Attachment A
87
Attachment A
4 F
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
8. Any approval of alterations or impacts to a habitat conservation area shall be supported
by the most current accurate and complete scientific and technical information
available.
Fish and wildlife habitat conservation area — buffers.
1. The Director shall require the establishment of buffer areas for activities in, or adjacent
to, habitat conservation areas when needed to protect habitat conservation areas.
a. Buffers shall consist of an undisturbed area of native vegetation, or areas identified
for restoration, established to protect the integrity, functions and values of the
affected habitat.
b. Required buffer widths shall reflect the sensitivity of the habitat and the type and
intensity of human activity proposed to be conducted nearby.
2. The following standard buffers shall be established, measured outward on the horizontal
plane from the ordinary high water mark or from the top of bank if the ordinary high water
mark cannot be identified:
Table 20.67.090(F)(2) Stream Buffers
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
3. Reduction of Stream Buffer Widths. The Director may allow the standard buffer width to
be reduced by up to the listed minimum buffer width in Table 20.67.090(F)(2) provided:
a. A critical area report and mitigation plan approved by the City, and the most current,
accurate and complete scientific and technical information available applied on a
case -by -case basis determine that a smaller area is adequate to protect the habitat
functions and values based on site -specific characteristics and the proposal will
result in a net improvement of stream and buffer functions;
b. A plan for mitigating buffer -reduction impacts is prepared using selected incentive -
based mitigation options in Table 20.67.090(F)(3);
c. Where a substantial portion of the remaining buffer is degraded, re -vegetation with
native plants in the degraded portions shall be included in the remaining buffer area;
and
d. A five year monitoring and maintenance plan shall be included.
c. Incentive options may be accumulatively applied to allow a reduction allowance not
to exceed 50 percent of the standard buffer width and Table 20.67.090(F)(2).
d. Where multiple options for an action are prescribed in the table, only one option
under that action may be applied.
Table 20.67.090(Fl(3) Stream Buffer Reduction Incentive Options
Description of Action
Options
Reduction
Allowance
Reduce impervious surfaces within the to-
Up to 10
be -remaining buffer area by at least 50
percentage
Removal of Impervious
percent
points
Remove all impervious surface where the
Up to 20
Surface
to -be remaining buffer is presently more
percentage
than 50 percent impervious
points
SMP Attachment A
88
Attachment A
Description of Action
Options
Reduction
Allowance
Installation of bio-
Install bioswales, created and/or enhanced
U to 20
p
filtration/infiltration
wetlands, or ponds supplemental to existing
percentage
mechanisms
storm drainage and water quality
points
requirements
Remove and employ extended (minimum
five-year) monitoring and continued -removal
Up to 10
Removal of invasive,
maintenance of relatively dense stands of
percentage
nonnative vegetation
invasive, nonnative vegetation from
points
significant portions of the remaining buffer
area
Placement of log structure, bioengineered
Up to 20
percentage
In -stream habitat
bank stabilization, or culvert removal;
points
Improve fish passage and/or creation of side
Up to 25
percentage
enhancement
channel or backwater areas.
points
If not required by other provisions of the
Up to 10
Installation of oil/water
Medina Municipal Code, install oil/water
percentage
separators
separator for stormwater quality control
points
Use of pervious
Use pervious materials for driveway/ road
Up to 10
percentage
materials
construction
points
Restoration is provided at a 2:1 ratio or
Up to 10
percentage
Off -site restoration, if no
greater
points
Restoration is provided at a 4:1 ratio or
Up to 20
percentage
on -site area is possible
greater
points
Remove toxic material
Remove significant refuse or sources of
Up to 10
percentage
toxic material
points
2 4. Averaging of Stream Buffer Widths. The Director may allow the standard stream buffer
3 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, if
6 needed;
7 c. The total area contained in the buffer of each stream on the development proposal
8 site is not decreased; and
9 d. The standard stream buffer width is not reduced by more than 50 percent or to less
10 than 25 feet wide, whichever is greater, in any one location.
11 G. Signs and Fencing.
12 1. The outer perimeter of the habitat conservation area or buffer and the limits of those
13 areas to be disturbed pursuant to an approved permit or authorization shall be marked in
14 the field in such a way as to ensure that no unauthorized disturbance will occur, and
15 verified by the Director prior to the commencement of permitted activities. This
16 temporary marking shall be maintained throughout construction, and shall not be
17 removed until permanent signs, if required, are in place.
SMP Attachment A 89
Attachment A
1 2. As a condition of any permit or authorization issued pursuant to this chapter, the Director
2 may require an applicant to install permanent signs along the boundary of a habitat
3 conservation area or buffer. Permanent signs shall be made of a metal face and
4 attached to a metal post, or another material of equal durability. Signs must be posted at
5 an interval of one per lot or every 50 feet, whichever is less, and must be maintained by
6 the property owner in perpetuity. The sign shall be worded as follows or with alternative
7 language approved by the city manager or designee:
8
9 Habitat Conservation Area
10 Do Not Disturb
11 Contact City of Medina Regarding Uses and Restriction
12 Fencing
13
14 3. The city manager or designee may condition any permit or authorization issued pursuant
15 to this chapter to require the applicant to install a permanent fence at the edge of the
16 habitat conservation area or buffer, when fencing may prevent future impacts to the
17 habitat conservation area.
18 4. Fencing installed as part of a proposed activity or as required in this subsection shall be
19 designed so as to minimize interference with species migration, including fish runs, and
20 shall be constructed in a manner that minimizes habitat impacts.
21 5. The subdivision and short subdivision of land in fish and wildlife habitat conservation
22 areas and associated buffers is subject to the following:
23 a. Land that is located wholly within a habitat conservation area or its buffer may not be
24 subdivided.
25 b. Land that is located partially within a habitat conservation area or its buffer may be
26 divided; provided, that an accessible and contiguous portion of each new lot is
27 located outside of the habitat conservation area or its buffer and meets Medina's
28 minimum lot size requirements.
29 c. Access roads and utilities serving the proposed lots may be permitted within the
30 habitat conservation area and associated buffers only if the city of Medina
31 determines that no other feasible alternative exists and when consistent with these
32 critical areas regulations.
33
SMP Attachment A 90
Medina City Council Regular Meeting ITEM 013-2
Monday, May 14, 2012
AGENDA BILL
Subject: Authorize Funding and Installation of 8e Ave NE Pedestrian Pathway
Category: ❑ Consent ❑ Ordinance ❑ Public Hearing
X City Council Business ❑ Resolution ❑ Other — Discussion
Prepared By: Joe Willis Sr., Director of Public Works
Summary:
The Interlocal Agreement between the City of Medina and the City of Clyde Hill to complete the
84th Ave NE Improvement Project (NE 12t to NE 241h Streets) excluded the sharing of the cost
for a pedestrian pathway along the west side of the roadway. The Council requested the
Director of Public Works to evaluate various alternatives for a pedestrian walkway along this
corridor.
Watson Asphalt provided a proposal for the construction of 5' wide asphalt surfaced pathways
along the west side of 80 Ave at each end of the street project. The paved pathway will extend
along the St Thomas Church property frontage from NE 12th to the south end of the golf course
(335 feet), and includes a length of approximately 200 feet south from NE 24th along the golf
course frontage. The cost is $30,900 of which $18,400 will be paid for by Proposition ]I Park
Levy funds. This work was budgeted and was authorized to proceed.
Watson Asphalt provided a proposal to construct a 5' wide gravel surfaced pathway along the
remaining portion of the west side of 841h (3,277 feet) for a cost of $67,000. This work has not
been authorized. The cost to pave this same portion of pathway 5 feet wide is $89,400 (an
increased cost of just $22,400 to pave the pathway).
The cost for modular interlocking recycled plastic paving sections (2' x 2.5') from
Rubbersidewalks, Inc. for example was $133,537. 5' wide concrete sidewalk estimated cost is $
125,000.
841h Project Budget Recap at this time:
2012 Budget = $ 293,400 (includes Park Levy Funds)
Edge grind southbound lane = - $2,750
Pre -leveling former bike lane = - $5,338
Paving fabric southbound lane = - $19,750
Paved pathway sections N & S end =_- L30,900
Current Budget Balance = $ 234,662
Estimated Medina Share of Project = $ 211,500
Estimated Balance = $ 23,162
If Gravel Path Chosen = [ - $ 43,838 ]
If Asphalt Paved Path Chosen = [ - $ 66,230 j
POSSIBLE FUNDING SOURCES:
REET taxes above 2012 Budget level
FUND Balances
Medina City Council Regular Meeting
Monday, May 14,2012
Gravel base along the St Thomas Church Frontage
UATNUOI-tyl
BudgeMscal Impact: $67,000 To $89,400 FROM THE CAPITAL IMPROVEMENT FUND
Authorize funding and installation of a - - pedestrian
pathway along the west margin of 84 t Ave NE from NE
Staff Recommendation: 1;e t9INE 20 Streets.
"I Move to Authorize funding and installation of a
pedestrian pathway along the west margin of 84 th Ave NE
Proposed Council Motion: from NE 12 Ih to NE 241h Streets."
Medina City Council Regular Meeting ITEM 013-3
Monday, May 14,2012
AGENDA BILL
Subject: Award 2012 Crack Sealing Project
Category: 1:1 Consent El Ordinance El Public Hearing
[D City Council Business ❑ Resolution E] Other — Discussion
Prepared By: Joe Willis, Sr., Public Works Director
Summary:
Crack sealing is a surface treatment of hot applied elastic polymetric sealant material into
pavement surface cracks to prevent moisture intrusion into the pavement sub -grade material
that weakens the sub -base and results in pavement distress and ultimately to a need to remove
and replace the base material and surfacing material. The treatment is low cost short term
method of rehabilitation to lengthen the life of the pavement and prolong the need for a
pavement overlay. The estimated life of a crack sealant application depends on the original
condition of the roadway base and surface, traffic volumes, weight of trucks, freeze/thaw
weather conditions, etc. The average performance life for crack sealant is 5 years.
Due to the reduced amount of available funds to renovate stressed pavements with an asphalt
overlay, the use of crack sealing as an interim cost effective treatment is being proposed in
2012 for street rehabilitation of Overlake Drive, 84th Ave NE (Overlake to NE 12t), and NE 121h
Street (84 th to Evergreen Point Road).
Requests for Bids were sent to asphalting companies that are on the MSRC Small Works
Roster (of which Medina is a subscribing member). Three bids were received. The lowest bid
was from AA Asphalting in the amount of $31,080.
One section of Overlake Drive East near NE 7 th Street is an old slide area. This 280 foot long
section of roadway is exhibiting subsistence and requires a pavement overlay. Two bids were
received for an asphalt overlay in this area. Watson Asphalt bid was $27,100 and Emerald
Paving bid was $27,300.
The 2012 Budget for this project is $78,000.
Attachment(s):
Crack Seal Bid Tabulation
BudgettlFiscal Impact: $58,180 from the Capital Improvement Fund
Award the 2012 crack sealing contract to AA Asphalting,
and award a pavement overlay of a portion of Overlake
'I move to award the 2012 craCK sewing contract to AA
Asphalting, and award a pavement overlay of a portion of
Overlake Drive East to Watson Asphalt Company and
authorize the director of public works to Administer the
Proposed Council Motion: pro -C t _."
Prepared By: Joe Willis Sr May 7, 2012 ITEM OB-3
TABULATION OF BIDS
PROJECT- Overtake Drive Crack Sealing
BID OPENING: May 2, 2012
CERTIFIED: May 7, 2012
OWNER: CITY OF MEDINA, WASHINGTON
Bidder
&
Address
AA Asphalting
2518 East valley Highway
Sumner, WA 98390
Evergreen Asphalt
18744 SE 282nd Street
Kent, WA 98042
Doolittle Construction Cc
1900 118th Ave SE
Bellevue, WA 98005
ITEM DESCRIPTION
Approx. City
Unit Bid Amount
Unit Bid Amount
Unit Bid Amount
1 Schedule A Overtake Drive (84th to Lake Wash Blvc
Lump Sum
$13,440.00 $13,440.00
$26,975.00 $26,975.00
$19,900.00 $19,900.00
2 Schedule B NE 12th Street (84th to Evergreen Pnt F
Lump Sum
$8,400.00 $8,400.00
$18,970.00 $18,970.00
$13,100.00 $13,100.00
3 Schedule C 84th Ave NE (Overtake Dr to NE 12th S
Lump Sum
$9,240.00 $9,240.00
$21,225.00 $21,225.00
$12,400.00 $12,400.00
TOTAL BID PRICE
$31,080.00
$67,170.00
$45,400.00
Page 1 of 1
Medina City Council Regular Meeting ITEM 013-4
Monday, May 14,2012
AGENDA -BILL
Draft 2013 — 2018 Six -Year Capital Improvement Plan and
Subject: Transportation Improvement Program
Category: ❑ Consent ❑ Ordinance ❑ Public Hearing
City Council Business ❑ Resolution ❑ Other — Discussion
Prepared BY: Joe Willis, Sr., Public Works Director
Summary
State law requires all municipalities to prepare and submit their planned six year transportation
improvement plans to the State Department of Transportation by July of each year and in
addition, to qualify for grant funding, each project for which funding is requested must appear on
the adopted City TIP. The attached draft plan merges the CIP and TIP into one document for
overall fiscal planning. A Public Hearing to consider the annual plan is currently scheduled for
June 11, 2012.
Discussion:
The Proposed CIP/TIP Plan for years 2013 through 2018 was developed from street and right-
of-way improvement condition assessment, storm drainage deficiencies, public facility
evaluations, and incorporates planned improvements such as crack sealing of four streets in
2013 to prolong the surface condition of the paved streets to by preventing water infiltration into
the sub -base that leads to pavement failures, street pavement overlays to restore street
surfaces, storm drainage projects, sidewalk repairs, and park and maintenance shop
improvements. The attached 2013 — 2018 CIP/TIP Project Summary lists the projects by year,
project scope, budget, and revenue source.
The proposed annual expenditure for the Plan is $ 488,000 based on the 2012 budget
projections of $ 62,000 Motor Fuel Tax and $ 426,000 REST tax revenues.
Attachment(s):
1. Draft 2013 —2018 CIPITIP Plan
Budget/Fiscal Impact: $ 488,000 annual cost -
Review the 2013 — 2018 Capital Improvement Plan and
Transportation Improvement Program and set a public
Staff Recommendation: hearing for June 11, 2012 to consider the plan
"Set June 11, 2012 public hearing date to consider the
2013 through 2018 Capital Improvement Plan and
Proposed Council Motion: Transportation Improvement Program."
OF MEOW 4272012
2017 SO(YEAR CAPITAL IMPROVEMENT PLAN (CW) Approved by: Medina City Commit
F.2 2016SO(YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP) Date-
2016 SO(YEAR NON -TRANSPORTATION IMPROVEMENT PLAN (NON -TIP) Resolstlon Num ilber.SUBMTTED
May 14,2012
LENGTH PAVEMENT PROJECT REVENUE
O. YEAR STREET/LOCATION FROM/AT TO PROJECT SCOPE CONDITION BUDGET SOURCE
L STREET IMPROVEMENT PROJECTS (ACP Overlsys, Sidewalks, Storm Orakrps, *to.)
1-1
2013
Evergreen Point Road
NE Sth Street
NE 10th Street
0.13
crack seat to prevent moisture in subbase
3
$81000.00
63,000 Motu Fuel Tax
1-2
2013
NE Oth Sired
Evergreen Point Road
80fh Ave NE
0.25
crack seal to prevent moisture in subbase
3
$iS,000.00
Motor Fuel Tax
1. 3
2013
NE 12th Street
B41h Ave NE
NE 101h Street
0.33
crack sad to prevent moisture in subbase
3
$20.000A0
Motor Fuel Tax
1-4
2013
NE 1011% Street
84th Ave NE
Lake Washington Blvd
0.27
crack Seel to prevent moisture in subbase
3
$16,000.00
Motor Fuat ax
Balance REET Tex
1-5
2013
Stith Ave NE
NE24th Bred
NE 28th Street
024
Pavement repair, ACP overlay, repair storm drainage,
5
178,000.00
REET TAX
re ran h
1-6
2014
Evergreen Point Road
City Hall Parking Area
NE Street
0.10
Pathway repair. AC overlay, drainage improvements
4
$95,0W.00
63,000 Motor Fuel ax
City Hal rki was
Balance REET Tax
1-7
2014
NE 32nd Street
Evergreen Point Road
With Avenue NE
027
Subgrada repair, ACP' overlay, drainage inproventsAa
4
$100,000.00
REET Tax
to be e f SR 520 oonnnxt'
1-8
2014
NE 28th Strad
Evergreen Point Road
Both Ave NE
0.18
Sr�Qada repair, ACP overlay, drainage knpnwamerts to remove ditch
3
1185,000.00
REET Tax
�
to be carn~ Mosoft Paints Loop Trd construction
1-9
2014
791h Ave NE
NE 241h Street
NE 261h Street
0.12
Subgrade, repair, ACP overlay, drdrAge, improverneds
3
$100,000.00
REET Tax
1.10
2014
NE 28th Street
79th Ave NE
e0th Ave NE
0.06
Subgrade repair, ACP overlay, drainage improvemets
3
$63.000.00
REET Tax
1- 11
2014
77th Ave NE
NE 22nd Strew
500' south of NE 22nd
0.09
Subgrade repair, ACP overlay, drainage improvements
3
$551000.00
BEET Tax
1.12
2015
781h Ave NE
NE 241h Street
NE 28th Street
0.12
Snbgrads repair, ACP overlay
3
$58,000.00
Molar Fuel Tax
1- 13
2016
Seth Ave NE
Overake Drive W eat
NE 12th Street
0.53
Subgrade repair, AC P overlay, drainage irnprovemerts, sidewalk rsplaca rent
3
$246,000.00
63.000 Mau Fuel Tax
Sold" BEET TAX
1- 15
2016
Upland Road
Ridge Road
NE SIh Street
0.17
Subgnds repair, ACP overlay
3
$56,00(1.00
REET Tax
1- 16
2016
NE 5th Street
BBIh Ave NE
Upland Road
0.10
Subgrads repair, ACP overlay
3
$65,000.00
REET Tax
I. 17
2016
8fith Ave NE
NE 51h Street
NE eth Street
0.07
Subgrade repair, ACP overlay
3
$46,000A0
FEET Tax
1. 18
2016
Widland Rood
84tt Ave NE
Upland Road
0.14
Subgrads repair, ACP overlay, drainage improvements
3
$76,000.00
REET Tax
1- 19
2017
781h Place NE
NE 32nd Street
Evergreen Pain Road
0.23
Subgnds repair, ACP overlay, drainage improvements
3
$1001000.W
$ 63,000 Motor Fuel Tax
Balance REST TAX
I. 20
2016
Overlake Drive
Lake Wash Bkd
Stith Ave NE
0.88
Subgrade repair, ACP overlay
3
$300,000.00
S 53,000 Motor Fuel Tax
Balance REET TAX
1. STORM DRAINAGE PROJECTS (Not kwhidfrg storm drainage Improvements in conjunction with strap or path pro)"%)
II - i
1 2013
m Drainage System
r
I
I WA
I Repair City storm drains Madina Heights
$100.000.00
REET Tax
II - 2
1 2015
Storm Drainage System
I
I WA
I Repair City norm drains Overtake Dr. Wed
$120,000.00
REST Tax
Pavement Condition Legend for Part 1. ACP Overlay*:
NOTES:
I - excellent (new/recery overlay within pan 5-10 yr. t)
1) The above budget figures shown are in 2011 dollars and are to be considered preliminary probable project casts only.
'2 - good (eider overly, no obvious damage)
More precise budget figures will need to be determined once the final scope of each project is defined,
3 - fair (some cracks)
which will require more naenaive research, survey, and scope definition prior to the particular year's budgeting.
4 - fair -poor (several cracks, some aligalara/aetllement)
5 = poor (several cracks, alligators, settbmat/pdholes)
2) The projects identified above are preliminary In scope. Projects may be added to or deleted from this Mat.
) Revsnus Is asarmned to be $ 43.000 Motor Fuel Tax per year, $ 426,000 REET Tax par year
OF MEDINA Q27=12
FM22017 SD( YEAR CAPITAL IMPROVEMENT PLAN (CIP) Approved by: Medina City Council
.2019 SD(YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP) Datar 201• SO( YEAR NON -TRANSPORTATION IMPROVEMENT PLAN (NON -TIP) Resolution Number:SUBMrrTEO: May 14, 2012
LENGTHPAVEMENT PROJECT REVENUE
O. YEAR STREET/LOCATION FROM/AT TO (hA) PROJECT SCOPE CONDITION BUDGET SOURCE
M. SIDEWALK / PATH PROJECTS (Yehiding storm draimpe improvements as noted)
III. 1
2015
NE 12th Street
Evergreen Point Rood
8t11h Ave NE
0.25
Sidewalks Repairs around power poles
$125.000.00
REET Tax
III - 2
2015
Evergreen Point Road
NE &h Street
NE 18th Street
0.45
SkWvak Repais around paver pops
$185,000.00
REET Tax
111.3
2017
NE 32nd Strest
Evergreen Part Road
90th Avs NE
0.27
New path on south side
o be completed with prolect I. 19
$148.000.00
REET Tax
NON -TRANSPORTATION IMPROVEMENT PROJECTS-
N. BUILDING RESTORATION AND IMPROVEMENTS
N- 1 1 2013 City Public Works Shop WA I Shop improvements $110,000.00 REST Taz
V. PARKS PROJECTS
V - 1
2013
Me" Park
Medina Park
WA
Picnic Shelter and eesiside dkainags irnprovemems
$40.0D0.00
REST Tax
V - 2
2017
Me" Park
Medea Park
WA
Dredge Pmds and share up rockery edge
$100,000.00
REET Tax
V - 3
2017
Me" Park
Medan Park
WA
irrigation system, dkasnge aid pathway knprwements
$140A00.00
REET Tax
V - 4
2018
Faiweather Park
Fairweather Park
WA
Alt-wealher pkrylield, trails and park improvements
$188A00.00
REET Tax
2013
488,000
1) The above budget figures shown are in 2011 dollars and are to be considered prelimknry probable project cats only.
2014
488,000
More precise budget figures w8 need to be determined once the final scope of each project is defined,
2015
488.000
which will require more wasradve research, survey, and scope definition prior to the particular year's budgeting.
2016
488,000
2017
488,000
2) The projects identified above are ptaftinary in scope- Projects may be added to or deleted from ilia W.
2018
488,000
3) Revenue Is assumed to be $ 83,000 Motor Fuel Tax per year; $ 42BADO REET Tax per year
TOTAL SIX YEAR C.I.P. 2013-2018
2,91A.000
Medina City Council Regular Meeting ITEM 013-5
Monday, May 14, 2012
Agenda Bill
Authorize Call For Bids for Enhanced Public Safety Surveillance System
Subject: & ALPR System
Category: ❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other — Discussion
Prepared By: Joe Willis, Sr., Public Works Director
Summary:
Phase II of the Public Safety Surveillance project will provide fixed and pan -tilt -zoom
surveillance cameras and license plate recognition cameras mounted on poles at two of the
major City entrances (NE 10th Street at Lake Washington Blvd, and Overlake Drive East at
Lake Washington Blvd). The installations will provide both day and night observations of
incoming vehicles. Their images will be transferred to the Police station and will be recorded on
a separate server system for observation and recovery.
The Public Works Director finalized the design and will solicited bids for the project in May.
Bids will be opened on June 4, 2012.
Attachment(s):
1. Call For Bids
Budget/Fiscal Impact: 2012 CIP budget is $ 250,000
Authorize call for bids for the enhanced public safety
surveillance system & ALPR recognition systems phase II
Staff Recommendation: nrnip&
urnove to auinorize ine tail Tor DIaS Tor the ennancea
public safety surveillance and ALPR recognition systems
Proposed Council Motion: phase 11 project."
ITEM OB-5
CALL FOR BIDS
CITY OF MEDINA, MEDINA, WA.
Sealed bids for the INSTALL ENHANCED PUBLIC SAFETY SURVEILLANCE
SYSTEM & AUTOMATIC LICENSE PLATE RECOGNITION SYSTEMS be received by
the City of Medina at City Hall, 501 Evergreen Point Road, PO Box 144, Medina,
Washington 98039, up to 2:00 P.M. local time on June 4 , 2012 and will then and there
be opened and publicly read.
The Work is as listed below. To determine the full scope of work under the contract or
any part of it, bidders shall coordinate the applicable information in the several parts of
the Plans, Specifications, and Contract Documents.
The City of Medina Police Department (PD) initiated a long-range plan to purchase and
deploy surveillance cameras and both mobile and fixed Automatic License Plate
Recognition Systems (ALPR). Medina PD implemented this system in 2008. Under this
scope of work the contractor shall upgrade/replace portions of the existing system
components and complete the deployment of two complete ALPR systems and Video
Surveillance systems fully compatible with the existing systems in the following
locations:
1. NE 10th Street at lake Washington Blvd.
2. Overlake Drive East at Lake Washington Blvd.
This RFP is for the contractor to provide and install new Vigilant cameras and
equipment at existing locations and at two new street intersections with potentially two
additional locations to be added as funding allows. In the two new locations, Contractor
will be required to coordinate, arrange, provide for, and install control cabinets, power
services, junctions boxes, conduits, conductors, wiring, data recorders, data computer
servers, connection devices, cables and linkages, pole foundations, poles and
hardware for mounting cameras, and all appurtenances and miscellaneous items and
materials required for two complete land based installations. Each Video Surveillance
System to be provided and installed will include, but not be limited to: Pan -Tilt -Zoom
(PTZ) and Fixed cameras, Infra -red (IR) illuminators, Video Recorders (NVR),
networking for a complete monitoring system that can be remotely accessed and
controlled, fiber optic cables to connect the systems to the Police Station at City Hall.
Bid proposals shall be accompanied by a bid proposal deposit in cash, certified check,
cashier's check, or surety bond in an amount equal to five percent (5%) of the amount
of such bid proposal. Should the successful bidder fail to enter into such contract and
furnish satisfactory performance bond within the time stated in the specifications, the bid
proposal deposit shall be forfeited to the City of Medina.
The City of Medina reserves the right to reject any or all bids and to waive formalities.
If a contract is awarded, the Owner prefers to award one contract. Each Bidder by
submission of a proposal acknowledges and understands the rights reserved by the
CALL FOR BIDS
ITEM OB-5
Owner in awarding the contract and the Owner's right to award individual schedules
and/or modify the size of the project.
Plans, Specifications, and Contract Documents may be obtained and reviewed at City
Hall, 501 Evergreen Point Road, PO Box 144, Medina, Washington 98039, telephone
(425) 233-6439. A $40.00 non-refundable fee will be charged for each set of plans,
specifications, and contract documents.
Each Bidder shall submit as part of its Bid, the names of Subcontractors whose
subcontract amount is more than 10 percent of the Contract Price with whom Bidder, if
awarded the contract, will subcontract for performance of the categories of Work
designated on the list to be submitted with the Bid. Failure to name such
Subcontractors shall be construed that the Bidder will not use any.
For information concerning the proposed work, contact Joe Willis, Director of Public
Works at (425) 233-6439.
As part of the City's affirmative action effort, the City encourages the participation of
certified disadvantaged businesses and women's business enterprises to act as prime
contractors, as well as, subcontractors on this project.
Published In:
Seattle Times
First Publication: May _, 2012
Second Publication: May_, 2012
Daily Joumal of Commerce
First Publication: May 2012
Second Publication: May 2012
City Clerk
City of Medina
CALL FOR BIDS
MEDINA CITY COUNCIL
2012 AGENDA/ACTION CALENDAR
Meetings scheduled for 6:30 pm, at City hall (unless noticed otherwise).
Executive Session RCW 42.30.140(4)(a)(b); RCW 42.30.110 (1)(i) Disend Completed.
Oath of Office Council Members Decker and Luis Baker Completed.
Election
Election of 2012-2013 Mayor
Baker
Luis elected Mayor.
Election
Election of 2012-2013 Deputy Mayor
Mayor
Phelps elected Deputy Mayor.
Presentation
Eastside Pathways (Bill Henningsgaard)
Motion carried to support program.
Other Business
Draft 2012 Legislative Agenda
Hanson
Motion carried to approve agenda.
Other Business
2012 Council Retreat and Meeting Schedule
Hanson
Discussion held.
Discussion WCIA Liability Coverage Lew Leigh Completed
Discussion City Council Guidelines, Ground Rules, RCW Overview Disend Completed
Consent Agenda 2011 Financial Year End Report Adams Approved
Proposed Ordinance Update MMC 10.40.070 and
Consent Agenda 10.76.010 (Failure to Appear) Thomas Adopted Ordinance No. 884
Approval of Professional Services Consultant Contract,
Other Business Engineering Services Grumbach Approved Agreements
Consent Agenda ARCH 2012 Work Plan and Interlocal Agreement Hanson Approved.
Consent Agenda ARCH 2012 Proposed Funding Sources Resolution Hanson Resolution No. 355 Approved.
Approval of Interlocal Agreement for Public Works
Grant Funds Between King County Flood Control Zone
Consent Agenda District and the City of Medina Willis Approved.
Consent Agenda Emergency Committee 2012 Work Plan Thomas Approved.
Approval of Regional Aerial Mapping Funding
Consent Agenda Agreement and GIS Consultant Services Agreement Willis Approved.
Approved, 4-2 (Boyd, Decker, Luis, -P-FeTp—s
in favor, D. Lee, J. Lee opposed; Dicharry
Other Business 84th Avenue NE Project Award Willis absent)
Discussion 2012 Department Work Plans Dept Directors Completed.
Discussion 2012 Strategic Goals Council Completed.
Discussion 2012 Regional/Committee Assignments Council Completed.
MEDNNACITY COUNCIL
2O12AGENDA/ACTION CALENDAR
Meetings scheduledfor6:30pnn,u/City hall (unless noticed othenmise).
Consent Agenda
Approval of 2012 Council Strategic Goals
Hanson
Approved.
Consent Agenda
Approval of Arbor Day Proclamation
Willis
Approved.
Approval of Professional Services Agreement for
Consent Agenda
Aquatic Weed Control
Willis
Approved.
Approval of Professional Services Agreement for
Consent Agenda
Medina Park Ponds Water Quality
Willis
Approved.
District for Funding Medina Parks Water Quality
AgendaConsent
U
Approval of Ordinance Clarifying Exemption for Fence
Consent Agenda
Permit
Grumbach
Ordinance Number 885 approved.
Other Business Park and Gateway Signs Willis
Study Session
Discussion introduction and Schedule for SMP Grumbach Completed.
Discussion Shoreline Master Program Update Grumbach Completed.
Discussion Tree Code Update Grumbach Completed.
Consent Agenda
Hunts Point Police Services
Consent Agenda
Confirmation of Appointment to Planning Commission
Position ]
Mayor
Consent Agenda
Approval of Contract Amendment 2 with The
Watershed Cofor 5MPConsultants
Grumbach
Public Hearin
Shoreline Master Plan
Grumbach
Other Business
Ordinance Adoption0Shoreline Master Plan
Grumbach
Other Business
Discussion and Potential Action Related 84 Ave NE
Pedestrian Pathway
Willis
Other Business
Contract Award for Crack Seal onOvedakeDrive
Willis
Other Business
Draft Six -Year C|P/T|P (2013'2018) introduction
Willis
Authorize Call for Bids for Phase 2 Surveillance
Other Business Cameras Thomas
Public Hearing Draft Six -Year CIP/TIP (2013-2018) Willis
Amendment to Comprehensive Plan to Create a Park
Public Hearing Plan Willis
Other Business Shoreline Master Plan Grumbach
Other Business Tree Code Discussion Grumbach
MEDINA CITY COUNCIL
2012 AGENDA/ACTION CALENDAR
Meetings scheduled for 6.30 pm, at City hall (unless noticed otherwise).
Consent Agenda Adoption of Six -Year CIP/TIP and Resolution Willis
Adoption of Ordinance to Approve Amendment to
Consent Agenda Comprehensive Plan to Create a Park Plan Willis