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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 7r— SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOXI Visit www.medina-wa.eov and click on E-Notice Program. 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 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 51 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 1of15 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 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 2 of 15 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 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. 3 of 15 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 51 ITEM PH-1 / 0113-11 Draft 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 4 of 15 1 2 3 4 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 51 ITEM PH-1 / 013-11 Draft master program set forth in Chapters 20.60 through 20.67 MMC. (( - ----- - -------------- ...... . ........ _­1 . ....... ........... 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. 5 of 15 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 ITEM PH-1 / OB-1 Draft 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. 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 51 ITEM PH-1 / OB-1 Draft 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, 7 of 15 ITEM PH-1 / OB-1 Draft 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 14 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; 8 of 15 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 ITEM PH-1 / OB-1 Draft 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 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 n 4 ITEM PH-1 / OB-1 Draft 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 10 of 15 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 See note blow I11"Mum 25128 feet 8uilding Er OrhJnsV Finished Gre Low ITEM PH-1 / OB-1 Draft 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 11 of 15 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 ITEM PH-1 / OB-1 Draft 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. 12 of 15 I Section 13. Amend MMC 18.12.040. 2 Municipal Code is amended to read: 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 ITEM PH-1 / OB-1 Draft 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; 13 of 15 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: 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 14 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ITEM PH-1 / OB-1 Draft 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 15 of 15 Michael Luis, Mayor Attest: Rachel Baker, City Clerk Attachment A Subtitle 20.6 Shoreline Master Program 4 5 Chapters: 6 20.60 General Provisions 7 20.61 Shoreline Environmental Designations 8 20.62 Shoreline Use Regulations 9 20.63 Shoreline General Development Standards 10 20.64 Use Specific Shoreline Development Standards 11 20.65 Shoreline Modifications 12 20.66 General Shoreline Regulations 13 20.67 Critical Areas in Shoreline 14 SMP Attachment A 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 51 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. 19 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. 30 31 20.60.060 Administration. 32 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. 44 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. 32 33 20.60.090 Liberal construction. 34 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. 41 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. 46 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 1 within the Medina Municipal Code except where specifically applied to the shoreline master 2 program. 3 4 20.60.210 "A" definitions. 5 6 A. "Act' means Chapter 90.58 RCW, the Shoreline Management Act of 1971, as hereafter 7 amended. 8 B. "Accessory dwelling unit' means a dwelling unit subordinate to a single-family dwelling unit 9 which: 10 a. Is located within the single-family dwelling unit; or 11 b. Is located within an accessory building as defined by the zoning code. 12 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. 14 D. "Adult family home" means a residential home in which a person or persons provide 15 personal care, special care, room, and board to more than one but not more than six adults 16 who are not related by blood or marriage to the person or persons providing the services 17 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 19 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 24 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 26 comply with local development regulations. 27 G. "Aquaculture" means the culture or farming of food fish, shellfish, or other aquatic plants and 28 animals. 29 H. "Aquaculture, accessory" means the noncommercial culture or farming of food fish, shellfish, 30 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 32 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 37 made by averaging the ground elevations at the midpoint of all exterior walls of the 38 proposed building or structure. 39 40 20.60.211 "B" definitions. 41 42 A. "Bioengineering" means project designs or construction methods that use live woody 43 vegetation or a combination of live woody vegetation and specially developed natural or 44 synthetic materials to establish a complex root grid within the existing bank that is resistant 45 to erosion, provides bank stability, and maintains a healthy riparian environment with habitat 46 features important to fish life. 47 B. "Boathouse" means an overwater structure with walls and a roof designed for the storage of 48 boats, but does not include covered moorage. 49 C. "Boat launch" means graded slopes, slabs, pads, planks, or rails used for launching boats 50 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. 14 15 20.60.212 "C" definitions. 16 17 A. "Clearing" means cutting, grubbing or removing vegetation or other organic plant material by 18 physical, mechanical, chemical or any other similar means. For the purpose of this definition 19 of clearing, cutting means the severing of the main trunk or stem of woody vegetation at any 20 point. 21 B. "Covered moorage" means any structure having a roof, but not walls that is permitted 22 pursuant to MMC 20.65.060 to cover or shelter a moorage space or pier. 23 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 26 thereto. 27 28 20.60.213 "D" definitions. 29 30 A. "Deck" means a structure attached to a wall of a building designated, established, and/ or 31 installed to provide outdoor living, cooking, and/ or recreation, some sides of which are open 32 and which may or may not have a permanent overhead covering. 33 B. "Development" means a use consisting of the construction or exterior alteration of 34 structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulk 35 heading; driving of piling; placing of obstructions; or any project of a permanent or temporary 36 nature which interferes with the normal public use of the surface of the waters overlying 37 lands subject to the act at any stage of water level. 38 C. "Director' means the city manager or designee. 39 D. "Dock" means a structure that floats on the surface of the water, without piling supports, and 40 which may be attached to the shore or may be anchored to submerged land. Dock facilities 41 may include wharves, boat moorage, swimming, public access, and other activities that 42 require access to deep water. 43 E. "Dredging" means the removal, displacement, or disposal of unconsolidated earth material 44 such as sand, silt, gravel, or other submerged materials, from the bottom of water bodies, 45 ditches, or natural wetlands; maintenance dredging and/or support activities are included in 46 this definition. 47 F. "Dwelling" means a living space or combination of rooms designed to provide independent 48 year-round living facilities for one family or household, including household staff and guest, 49 constructed to the minimum standards of the Building or HUD Code, and with provisions for 50 sleeping, eating and sanitation. 51 G. "Dwelling, multi -family' means a residential structure containing two or more dwellings. SMP Attachment A Attachment A 1 H. "Dwelling, single-family" means a residential structure containing one dwelling. 2 3 20.60.214 "E" definitions. 4 5 A. "Ecological functions, shoreline ecological functions" means the work performed or role 6 played by the physical, chemical, and biological processes that contribute to the 7 maintenance of the aquatic and terrestrial environments constituting the shoreline's natural 8 ecosystem. 9 B. "Ecosystem -wide processes" means the suite of naturally occurring physical and geologic 10 processes of erosion, transport, and deposition; and specific chemical processes that shape 11 landforms within a specific shoreline ecosystem and determine both the types of habitat and 12 the associated ecological functions. 13 C. "Ell" means a terminal pier section oriented perpendicular, diagonal or linear to the pier 14 walkway. 15 D. "Existing grade" means the ground elevation existing on the building site at the time an 16 application for a building or other development permit is filed at the City. 17 18 20.60.215 "F" definitions. 19 20 A. "Fair market value" of a development is the open market bid price for conducting the work, 21 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; 33 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. 35 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. 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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�*] 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 "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 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 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 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 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 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 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 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 51 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 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 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 4 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 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. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 1 2 4 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 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 2 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 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 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 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 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 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 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 13 14 15 16 17 18 19 20 D. 21 22 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 4 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 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 Attachment A 2 3 4 5 6 7 8 9 10 11 12 13 14 is 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 3 4 .3 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 78 Attachment A 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 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 H 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 82 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 39 40 41 42 43 44 45 46 47 48 49 50 51 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 83 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 51 SMP Attachment A 84 Attachment A 4 6 7 8 9 10 11 12 13 14 is 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 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