HomeMy WebLinkAbout06-10-2013 - Agenda PacketMEDINA, WASHINGTON
MEDINA CITY COUNCIL
REGULAR MEETING AGENDA
Medina City Hall, Council Chambers
501 Evergreen Point Road, Medina
MONDAY, JUNE 10, 2013
6:30 PM
MAYOR
MICHAEL LUIS
DEPUTY MAYOR
KATIE PHELPS
COUNCIL MEMBERS
PATRICK BOYD
JAY DECKER
DOUG DICHARRY
DAVID LEE
JANIE LEE
CITY MANAGER
DONNA HANSON
CITY ATTORNEY
KARI SAND
CITY CLERK
RACHEL BAKER
REGULAR MEETING 6:30 PM
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
PRESENTATION
P-1: Lifeguard Program
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 | 501 Evergreen Point Road | PO Box 144 | Medina, WA 98039
Medina City Council December 12, 2011 Page 2 of
2
CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a council member.
CA-1: Approval of May 13, 2013 City Council Special and Regular Meeting Minutes
CA-2: Approval of May, 2013 Check Register
CA-3: Proclamation Recognizing Childhood Cancer Awareness Week, June 23 - 29th, 2013
CA-4: Adoption of 2012 State Building Codes
CA-5: Acceptance of ALPR Camera Project
CA-6: Confirmation of Appointment to Medina Park Board
CA-7: Receipt of Approved April 1, 2013 Planning Commission Meeting Minutes
CA-8: Receipt of Approved April 23, 2013 Planning Commission Meeting Minutes
CA-9: Receipt of Approved February 21, 2013 Civil Service Commission Meeting Minutes
CA-10: Receipt of Approved April 15, 2013 Park Board Meeting Minutes
PUBLIC HEARINGS
PH-1: Comprehensive Zoning Code Update
OB-1: Ordinance Adopting Comprehensive Zoning Code Updates & Setting an Effective Date
PH-2: Six-Year CIP/TIP (2014-2019)
OTHER BUSINESS
OB-2: Authorization to Go To Bid for Public Works Shop Remodel
OB-3: Department of Ecology Conditional Approval of Medina’s SMP
OB-4: 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, July 8, 2013
Volunteers NEEDED For Park Board, and Planning & Civil Service Commissions, Apply Online!
GET CONNECTED! STAY INFORMED! Sign Up for Medina E-Notices: www.medina-wa.gov
ITEM RA-4
CITY OF MEDINA
Office of the City Manager
Date May 13, 2013
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: City Manager Report
1. In 2010 City Council passed a Resolution establishing an Employee Wellness Program.
Last month the City of Medina received was selected for a WellCity Award. In meeting the
requirements for this award, Medina will receive a 2% discount on medical premiums for
2014. As part of the requirements for the award we have formed a volunteer employee
Wellness Committee who will be planning wellness activities and employee recognition
award program. Thank you to Pat Crickmore, Dan Yourkoski, Pam Greytak, Linda Crum
and Rachel Baker for volunteering to serve on the committee.
2. Boater Safety Class at Medina City Hall on May 18th was a great success. Because it was
so successful, Linda Crum has scheduled a second session from 9:00 to 5:00 on Saturday
June 22nd when members of the Seattle Harbor Patrol Unit will again be conducting the
class. There is NO CHARGE for this class, however, maximum participants is 60. This will
again be a popular class so register early.
3. Linda Crum has also organized a baby diaper collection to benefit LifeWire (formerly
Eastside Domestic Violence Program). Diaper collection will be held from June 3rd thru June
14th at the following locations: Medina Elementary, Three Points Elementary, St. Thomas
School, Medina City Hall, Medina Grocery, and Hunts Point Town Hall. We appreciate the
community organizations participation on this project.
4. We received the annual contract from Western Display Fireworks for the August 10th Medina
Days celebration at Medina Beach Park. To our knowledge Medina Days still needs
volunteers for chairpersons and committee members. Notices were sent out Govdelivery
and in the Bellevue Reporter without much response.
5. We are now close to six months into 2013 and have a lot going on. Police received State
accreditation in March. Construction on the new sidewalk project on Evergreen Point Road
just north of Medina Beach Park will start within the next week. Our annual financial report
was submitted by the May deadline. All new Medina entrance and park signs have been
installed. Design and permit applications for the Public Works shop improvements have
been submitted. Parks are in full use now and the lifeguard program will be up and running
in just a few weeks. Shoreline Master Plan and Zoning Code Update continue to move
forward. All this just to name a few.
6. Once again we remind residents of volunteer opportunities that are currently being
advertized:
Civil Service Commissioner
Park Board Member
Planning Commission Member
Emergency Preparedness
Committee Members
ITEM RA-4
1
CITY OF MEDINA
Office of the City Manager
June 10, 2013
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: The Planning Commission discussed the
next phase of the comprehensive zoning code update, which is updating the
Official Zoning Map. Staff briefed the commissioners on the Official Zoning Map
becoming digitalized using GIS software. A preliminary map with zoning changes
was discussed and the Planning Commission provided direction on how they
would like to address properties with multiple zoning districts.
Next, staff discussed with the commissioners the phase one tree code update.
The main purpose of the discussion was to catch-up the new Planning
Commission members on the particulars of this project. Mr. Shubring, a Medina
resident, commented to the commissioners about not having tree replacement
requirements for trees in the City right-of-way that he felt were “weed” trees such
as cottonwoods.
Finally, staff discussed with the Planning Commission the streetscape
comprehensive plan amendment that had been originally submitted in 2010 by the
City Council. The focus of the discussion was informative in nature and included
discussing options for following up on the amendment. The discussion will be
continued at another meeting.
Hearing Examiner Decisions:
None
Land Use Administrative Decisions:
A Determination of Nonsignificance was issued for the replacement of an
existing wireless communication facility. The address is 8320 12th Street NE.
The applicant is Verizon.
A Determination of Nonsignificance was issued for redevelopment of a
residential property involving grading activity of up to 430 cubic yards. The
address is 8650 7th Street NE. The applicant is BDR Holdings.
ITEM RA-4
2
Land Use Decisions Issued For 2013:
Type of Decision 2013 YTD
Variances/ Minor Deviations 0
SEPA 7
Conditional Uses/ Special Uses 1
Substantial Development Permit 3
Lot Line Adjustments 0
Short Subdivisions 0
Site Plan Reviews 1
Wireless Facilities 2
Land Use Applications Received in May:
Case Number Description of Permit Location
PL-13-018 SEPA 2633 N.E. 78th Street
PL-13-019 SEPA 923 Evergreen Point Road
PL-13-020 SEPA 801 Evergreen Point Road
PL-13-021 SEPA 852 N.E. 84th Avenue
Building/ ROW Permit Applications Received – May 1 to May 31:
Building Permits: 13
Grading/ Drainage 4
Demolition Permits: 2
Fence: 0
Mechanical: 10
Reroof: 1
Right-of-way Permits 7
Total: 37
Building Permits Issued in April 2013: See Attached.
Other Items of Interest:
1. St. Thomas Church: The building permits for the St. Thomas project to
demolish the existing parish hall and construct a new life center building were
issued.
2. Independent Towers: Independent Towers is starting to install a temporary
wireless communication facility at Fairweather Park. They have been
coordinating with the SR 520 folks regarding construction access. A permanent
facility is planned to be constructed towards the end of the SR 520 Evergreen
Point Road Lid Construction.
3. SR 520: No word from the SR 520 folks about rescheduling a meeting with
interested council members regarding the view point platform trail.
Permit Report
April, 2013
2013 2012
Current Current 2013 2012
Month Month YTD YTD Difference
Construction Value
New Construction 0 5,000,000 4,000,661 13,092,903 ($9,092,242)
Permit Renewals 0 73,700 361,968 73,700 $288,268
Addition / Alteration 905,000 60,000 1,990,289 560,000 $1,430,289
Accessory Structure 97,965 25,000 464,800 25,000 $439,800
Repair / Replace 25,000 30,000 47,000 90,000 ($43,000)
Fence/Wall 14,000 363,500 76,000 372,396 ($296,396)
Wireless Comm Facility 50,000 0 50,000 13,925 $36,075
TOTAL VALUE 1,091,965 5,552,200 6,990,718 14,227,924 ($7,237,206.00)
Permits Issued
New Construction 0 1 2 4 (2)
Permit Renewals 0 3 1 5 (4)
Addition / Alteration 3 1 10 3 7
Accessory Structure 3 1 7 1 6
Fence/Wall 1 1 3 3 0
Demolition 1 0 5 2 3
Grading/Drainage 2 2 6 6 0
Tree Mitigation 1 2 8 7 1
Mechanical 11 2 50 10 40
Other - Moving 1 0 1 0 1
Reroof 0 1 2 1 1
Repair / Replace 1 1 3 2 1
Right-of-Way Use 1 11 16 28 (12)
Construction Mitigation 3 1 8 4 4
Wireless Comm Facility 2 0 2 0 2
TOTAL PERMITS 30 27 124 76 48
Inspections
Building 58 23 245 101 144
Construction Mitigation 0 1 11 15 (4)
Grading/Drainage 19 6 46 30 16
Tree Mitigation 13 7 38 37 1
Right-of-Way 10 27 38 47 (9)
TOTAL INSPECTIONS 100 64 378 230 148
ITEM RA-4
ITEM RA-4
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
June 6, 2013
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Rachel Baker, Central Services Director
Subject: Central Services Department Monthly Report
JUNE & JULY PUBLIC MEETINGS AND EVENTS
Event Date Time Location
Diaper Collection Drive for Lifewire June 3 - 14 Medina City Hall
City Council Regular Meeting & Public Hearings June 10 6:30 pm Medina City Hall
Park Board June 17 6:00 pm Medina City Hall
Lifeguard Season at Medina Beach Park (est.) Jun. 19 – Aug. 23 Noon to 7 pm Medina Beach
Hearing Examiner (Tentative) June 19 5:30 pm Medina City Hall
Boater Safety Class June 22 (Sat) 9am - 5pm Medina City Hall
City Council Study Session June 24 TBD Medina City Hall
Planning Commission June 25 6:00 pm Medina City Hall
Independence Day Observed – City Hall Closed July 4
City Council Regular Meeting July 8 6:30 pm Medina City Hall
Park Board July 15 6:00 pm Medina City Hall
Emergency Preparedness Committee July 16 6:00 pm Medina City Hall
Hearing Examiner (Tentative) July 17 5:30 pm Medina City Hall
Planning Commission July 23 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.
CIVIC ENGAGEMENT OPPORTUNITIES
The City has positions with partial terms available now on the park board and civil service commission.
Additionally, the city is seeking applicants to fill six full term positions which expire June 30.
Please consider serving your community and encourage your friends and neighbors to apply too!
Board/Commission Position (Full or Partial Term) Term Period
Medina Planning Commission Positions 1 and 5 (Full Terms) 07/01/2013 to 06/30/2017
Medina Civil Service Commission Position 2 (Partial Term) Available Now & Expires 06/30/2015
Medina Civil Service Commission Position 3 (Full Term) 07/01/2013 to 06/30/2019
Medina Park Board Position 7 (Partial Term) Available Now & Expire 06/30/2015
Medina Park Board Positions 1, 3 and 4 (Full Terms) 07/01/2013 to 06/30/2017
Incumbents have been advised of expiring terms and encouraged to reapply for their positions and
public notice has been posted for these positions. All citizens interested in serving must submit an
application. Applications are available at city hall and on the city’s website.
ITEM RA-4
As of June 5, the city has received two applications for the park board, two for the planning
commission, and one for the civil service commission.
COMMUNICATION TO OUR COMMUNITY
E-Notice Program: During the month of May, the City issued 34 bulletins amounting to a total of 14,806
bulletins emailed to subscribers; approximately 22% were opened. A summary is attached.
As of May 31, the city has 2,332 subscribers with a combined total of 16,594 subscriptions.
Website Hits: The attached report identifies popular hits on the City’s website pages during the month of
May.
RECORDS REQUESTS
As of May 31, 87 public records requests have been received by central services during 2013. A total
of five requests are ongoing and regular installments are being furnished. A quarterly report will be
provided in July.
PASSPORTS
During the month of May, 13 passport applications were processed at City Hall, totaling 119 for the
year so far. Last May the City processed 22 applications for a total of 155 by May 31, 2012.
HUMAN RESOURCES - EMPLOYEE WELLNESS COMMITTEE
The employee wellness committee met for the first time in May to discuss the 2013 AWC WellCity
application process, wellness goals and ideas for the year. Committee members will rotate annually
to ensure all employees are afforded an opportunity to participate. Currently the committee
consists of Dan Yourkoski, Pat Crickmore, Linda Crum, Pam Greytak and Rachel Baker.
May 1 - 31, 2013 ITEM RA-4
Bulletins Developed
Total
Recipients
Total
Delivered
Unique
Email
Opens
Unique
Email
Open Rate
Wireless
Recipients
May, 2013 34 15,114 14,806 2,729 22%1,604
April, 2013 30 12,668 12,456 2,325 22.10%1,271
March, 2013 35 18,594 18,194 3,483 22.50%1,835
February, 2013 23 7,010 6,887 1,111 19.10%653
January, 2013 31 12,230 11,989 2,516 24.20%956
December, 2012 21 7,912 7,787 1,507 22.10%520
November, 2012 42 13,812 13,652 2,597 21.80%829
October, 2012 36 10,397 10,342 1,964 20.10%585
September, 2012 30 10,679 10,616 2,235 22.40%625
August, 2012 30 11,127 11,097 19%556
July, 2012 31 10,397 10,385 336
June, 2012 30 8,986 8,899 352
May, 2012 20 4,410 4,349 275
April, 2012 21 5,622 5,570 198
Date Sent Top 10 Most Read Bulletins During May
Emails
Opened
Email
OpenRate05/16/2013 09:47
AM PDT 236 26.4
05/24/2013 03:02
PM PDT 201 24.905/16/2013 04:35
PM PDT 195 24
05/08/2013 12:00
PM PDT 194 24.105/10/2013 03:57
PM PDT 192 23.9
05/20/2013 11:29
AM PDT 176 21.905/30/2013 01:14
PM PDT 161 19.4
05/16/2013 01:24
PM PDT 159 19.505/24/2013 03:00
PM PDT 153 19.1
05/10/2013 05:00
PM PDT 149 28.4
Comparisons:
Volunteers Needed in Medina!
SR 520 East Channel Crossing Open over Memorial Day
Weekend
Volunteers Needed for Medina Days!
Candidate Filing Period Opens Monday for Medina City
Council Positions
92nd Ave NE Ramp Closure
SR-520 Project - Road Closure
REMINDER - SR-520 Full Closure - May 31 - June 3
Candidate Filing Period Ends Friday, May 17 for Medina City
Council Positions
SR-520 Full Closure - May 31 - June 3
City Department News, May 2013
Website Stats
05/01/2013 - 05/31/2013
ITEM RA-4
Top 20 Page Views by Section Top 20 Unique IPs by Section
Section Page Views
Percent of
Total Section Unique IPs
Percent of
Total IPs
Default Home Page 4193 32.72 Default Home Page 1910 33.49
Events 834 6.51 Police 334 5.86
Shoreline Master Program Update 562 4.39 Parks 245 4.3
Police 519 4.05 Employment 208 3.65
Parks 394 3.07 FAQs 167 2.93
FAQs 378 2.95 Contacts Us/Service Directory 166 2.91
Search Results 334 2.61 History 149 2.61
Employment 325 2.54 Development Services 142 2.49
Development Services 278 2.17 City Council 132 2.31
Contacts Us/Service Directory 258 2.01 Search Results 129 2.26
City Council 230 1.79 Events 118 2.07
Helpful Links 211 1.65 Helpful Links 114 2
History 209 1.63 Services Directory 107 1.88
Services Directory 180 1.4 City Departments 85 1.49
Documents 156 1.22 Documents 83 1.46
City Departments 142 1.11 Park Board 71 1.24
Alarm System Registration 135 1.05 Employment 68 1.19
Employment 132 1.03 Public Works 63 1.1
Park Board 129 1.01 Shoreline Master Program Update 62 1.09
Event Calendar 126 0.98 Alarm System Registration 60 1.05
Total for Period 12,814 100 Total for Period 5,704 100
ITEM RA-4
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
June 4, 2013
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Joe Willis Sr., Director of Public Works
Subject: May 2013 Public Works Report
1. Based on Council’s input on May 13th, I placed an order for the picnic shelter and authorized
the installation of a stacked 4’ high stone veneer with cap around the steel upright posts for
the new picnic shelter. The goal is to have the shelter in place by July 4th.
The Aspen Style Shelter
The Park Board conducted a park facilities tour on May 20th. The attached memo lists items
observed on the tour.
2. The Public Works Crew continues to maintain our parks and street margins.
o Three vaulted sidewalk section on Evergreen Point Road south of NE 24th Street were
ground to eliminate a tripping hazard.
o The Boom Mower was repaired and is back in service.
o The streets were swept following the wind storms, and a number of fallen trees and
branches were cleaned up.
o Quotes have been solicited for the removal of several larger cottonwood trees along
the north side of NE 28th Street near 80th Ave NE (where ECC will be installing the new
Points Loop Trail sidewalk this summer) and trees next to the tennis courts in
Fairweather Park. The removal of the trees is to avoid future damage or injury.
ITEM RA-4
Large Cottonwood Trees NE 28th Street near Three Points Elementary School
New Duck Crossing Sign at St Thomas School
ITEM RA-4
o Duck crossing signs were installed on NE 12th Street next to St Thomas School and
Medina Park to warn motorists of the presence of ducks crossing the street.
o The curb on the north side of NE 12th Street at 80th Pl NE was repainted and extended
farther to the east to provide better sight distance for motorists entering NE 12th from
80th Pl NE.
3. The Evergreen Point Road Sidewalk Replacement Project will begin on June 7th with the
removal of the sweetgum street trees to be followed the next week with preparation and
construction of the new sidewalk. The residents have been notified of the work with door
hangers placed by the contractor. The goal is to complete the new sidewalk prior to July 4th.
The existing gravel apron fronting the homes will be graded in preparation for the new asphalt
apron that is scheduled following July 4th when the asphalt overlay of 80th Ave NE north of NE
24th Street is to be accomplished following the City of Bellevue waterline installation.
The contractor, Fidalgo Paving, have been very responsive to the City’s request to expedite
the new sidewalk construction in order to avoid the summer Medina Beach Park congestion
and accommodate parking needs along the street.
4. The 90% Public Works Shop Facility building addition design completed by David Clark
Architects were reviewed by staff and comments have been incorporated into the design.
Permit application is in process and following issuance, the project will be ready to advertise
for bids.
SIGNUP FOR MEDINA E-NOTICES.
RECEIVE THE CITY UPDATES YOU WANTDELIVERED RIGHT TOYOUR EMAIL INBOX!
Visitwww.medina-wa.govand click onE-Notice Program.
ITEM CA-1
MEDINA CITY COUNCIL
SPECIAL AND REGULAR MEETING MINUTES
Medina City Hall, Council Chambers
501 Evergreen Point Road, Medina
Monday, May 13, 2013
SPECIAL MEETING
CALL TO ORDER
Mayor Luis called the May 13, 2013 Special Meeting of the Medina City Council to order at
6:00 pm.
EXECUTIVE SESSION
Mayor recessed into executive session at 6:00 pm for an estimated time of thirty minutes
pursuant to RCW 42.30.110(1)(i) for the purpose of discussing with legal counsel
representing the agency matters relating to agency enforcement actions, or to discuss with
legal counsel representing the agency litigation or potential litigation to which the agency,
the governing body, or a member acting in an official capacity is, or is likely to become, a
party, when public knowledge regarding the discussion is likely to result in an adverse
legal or financial consequence to the agency.
Council members Boyd, Decker, Dicharry, D. Lee, J. Lee, Luis and Phelps, city attorney
Sand, city manager, and city clerk were present. Also in attendance were aviation
consultant Allyson Jackson, and special counsel David Mann, Gendler & Mann. Ms.
Jackson and Mr. Mann departed at 6:23 pm.
Executive session was extended ten minutes at 6:30 pm and concluded at 6:40 pm.
CALL TO ORDER
Mayor Luis called the May 13, 2013 Regular Meeting of the Medina City Council to order
at 6:44 pm and led members of the audience, council members, and staff in the Pledge of
Allegiance.
ROLL CALL
Council Members Present: Patrick Boyd, Jay Decker, Doug Dicharry, David Lee, Janie
Lee, Michael Luis, and Katie Phelps
City Staff Present: Donna Hanson, City Manager; Kari Sand, City Attorney,
Kenyon Disend; Mark Thomas, Police Chief; Robert Grumbach,
Development Services Director; Joe Willis, Public Works
Director; and Rachel Baker, City Clerk
ITEM CA-1
City Council Minutes
Page 2
May 13, 2013
APPROVAL OF MEETING AGENDA
Council member Phelps motioned to add discussion item to agenda regarding aviation and
Council member Dicharry seconded motion. It was approved unanimously.
Council member Dicharry motioned to approve agenda as amended and council member
D. Lee seconded motion. It was approved unanimously.
PRESENTATIONS
King County Solid Waste Services (6:45 pm)
Diane Yates and Kevin Kiernan from King County Solid Waste Division were present to
provide an overview of the County’s solid waste services. Mr. Kiernan provided history on
interlocal agreement with Medina and outlined improvements in proposed interlocal
agreement. Mr. Kiernan answered questions from council members.
AWC WellCity Award of Achievement (7:05 pm)
City manager announced City is a recipient of the award and will receive a two-percent
reduction in medical premiums in 2014 and thanked staff for participation in the program’s
success.
PUBLIC COMMENT
Mayor read guidelines for public comment period and opened floor at 7:08 pm.
Medina resident Kay Koelemay Dicharry suggested one reason it may be difficult to attract
Medina Days volunteers is because the event has become more complex, expensive, and
time consuming to organize. She said simplifying Medina Days to a more realistic
celebration may be less overwhelming to people and they will volunteer.
Being no further comments, mayor closed comment period at 7:12 pm.
REPORTS AND ANNOUNCEMENTS
Mayor proposed the City memorialize former long-term resident and Green Store
proprietor John Frost who recently passed away.
City manager reported on success of community shredder and drug take back day events.
She said the May boat safety class is full and a second session will be offered in June.
Council member Phelps asked public works director if action is required for Medina Park
picnic shelter structure and general council consent was given for director’s preference.
Phelps requested public works director provide costs to council for modifying Medina city
sign on 24th near Medina-Wells Nursery to increase its visibility. Phelps requested city pay
for advertising in the Bellevue Reporter to attract volunteers to apply for City’s boards,
commissions, and Medina Days.
ITEM CA-1
City Council Minutes
Page 3
May 13, 2013
Police Chief summarized response to criminal incident occurring on Overlake recently.
CONSENT AGENDA
MOTION DICHARRY AND SECOND PHELPS TO ADOPT CONSENT AGENDA AS
PRESENTED AND MOTION CARRIED 7-0 AT 7:23 PM.
Approval of April 8, 2013 City Council Special and Regular Meeting Minutes
Approval of April 22, 2013 City Council Special Meeting Minutes
Approval of April, 2013 Check Register
Claim check numbers 54004 through 54100 in the amount of $177,413.86 and payroll check
numbers 3585 through 3596 in the amount of $233,686.40
Approval of Proposed Ordinance Regarding Board and Commission Quorums
Receipt of Planning Commission Recommendation regarding Comprehensive Zoning Code
Update and Scheduling a Public Hearing
Receipt of Approved January 22, 2013 Planning Commission Meeting Minutes
Receipt of approved January 23, 2013 Emergency Committee Meeting Minutes
Receipt of Approved March 18, 2013 Park Board Meeting Minutes
OTHER BUSINESS
Introduction of Six-Year CIP/TIP (2014-2019) and Schedule Public Hearing (7:23 pm)
Public works director provided overview.
MOTION DECKER AND SECOND BOYD TO SET JUNE 10, 2013 PUBLIC HEARING
DATE TO CONSIDER THE 2014 THROUGH 2019 CAPITAL IMPROVEMENT PLAN AND
TRANSPORTATION IMPROVEMENT PROGRAM. MOTION CARRIED 7-0 AT 7:30 PM.
Briefing on Adoption of 2012 State Building Code and International Energy Conservation
Code (7:31 pm)
Development services director summarized item and highlights of proposed update.
Council concurred item may be placed on June 10 consent agenda for approval.
Bid Award for 80th Ave NE Overlay and Evergreen Point Road Sidewalk Improvement
Project (7:35 pm)
Public works director recommended awarding project to low bidder, conveyed he checked
references which were favorable, and summarized project. Council member Phelps
requested alternative parking be determined along Evergreen Point Road if sidewalk
project ensues during beach season.
MOTION BOYD AND SECOND DICHARRY TO AWARD THE 80TH AVE NE ASPHALT
PAVEMENT OVERLAY AND EVERGREEN POINT ROAD SIDEWALK IMPROVEMENT
PROJECT TO FIDALGO PAVING AND CONSTRUCTION. MOTION CARRIED 7-0 AT
7:38 PM.
ITEM CA-1
City Council Minutes
Page 4
May 13, 2013
Solid Waste Interlocal Agreement (7:38 pm)
City manager introduced item and council discussion followed.
Aviation Consultants (7:47 pm)
MOTION PHELPS AND SECOND DICHARRY FOR THE MEDINA CITY COUNCIL TO
AUTHORIZE THE CITY MANAGER TO ENGAGE THE SERVICES OF AN AVIATION
CONSULTANT AND ENVIRONMENTAL ATTORNEY FOR SERVICES RELATED TO
SOUTH FLOW ARRIVAL COMPLIANCE IN AN AMOUNT NOT TO EXCEED $15,000.
MOTION CARRIED 7-0 AT 7:54 PM.
City Council Agenda Calendar (7:54 pm)
Calendar briefly discussed.
PUBLIC COMMENT
Mayor opened public comment period at 7:56 pm.
Medina resident Jennifer Arthur voiced she, her husband, and family moved to Medina in
March and expressed how much she enjoys it.
Mayor closed floor at 7:57 pm.
ADJOURNMENT
MOTION DICHARRY AND SECOND DECKER TO ADJOURN THE MAY 13, 2013
MEETING OF THE MEDINA CITY COUNCIL AND MOTION CARRIED 7-0 AT 7:57 PM.
The May 13, 2013 Regular Meeting of the Medina City Council adjourned 7:57 pm.
The Medina City Council will hold its next regular meeting on Monday, June 10, 2013, 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
ITEM CA-2
CITY OF MEDINA
June 10, 2013
To: Mayor and City Council
From : Nancy Adams, Director of Finance
Re: May 2013 Financial Reporting
The May 2013 Reporting includes:
May 2013 AP Check Register Activity Detail
May YTD 2013 Revenue & Expense Summary
Key Items for May YTD include:
2013 Revenue:
Property Tax is at $1.284M as of May YTD. Property Tax is deposited into our account during April/May
and October/November timeframes.
Sales Tax Revenues are at $362K as of May YTD. Annualized, the trend would give us $868K in Sales
Tax for the year. We lowered the 2013 Annual Budget to $900K for this Revenue Source.
Real Estate Excise Taxes (REET) are $276K as of May YTD. Annualized, the trend as of May YTD
would give us $662K in REET for the year, higher than the 2013 Budget of $620K for the year.
Planning and Development Revenue is at $499K as of May YTD, which represents 74% of the annual
budget as of May YTD.
2013 Expense:
Key Items for 2013 Expense include:
Legal fees are at $113K as of May YTD, representing 71% of the Budget YTD. $83K of the YTD
expenditures are related to Special Counsel fees.
The Annual Report for the Washington State Auditor’s Office was completed prior to the May 30th deadline.
City of Medina
Revenue & Expense Summary
May 2013
ITEM CA-2
REVENUE:May ACTUAL
May YTD
ACTUAL
2013 ANNUAL
BUDGET % of Total
BUDGET
REMAINING
General Fund
Property Tax $409,279 $1,283,688 $2,482,185 51.72%$1,198,497
Sales Tax $80,032 $361,551 $900,000 40.17%$538,449
Criminal Justice $5,469 $26,686 $58,654 45.50%$31,968
B & O Tax: Utility & Franchise Fee $23,966 $211,679 $451,594 46.87%$239,915
Leasehold Excise Tax $0 $6,206 $0 0.00%($6,206)
Licenses & Permits $119,836 $334,583 $431,966 77.46%$97,383
Intergovernmental $701 $75,793 $349,840 21.67%$274,047
Planning & Development, Passport $15,283 $167,338 $323,100 51.79%$155,762
Fines, Penalties, Traffic Infr.$3,311 $18,397 $65,000 28.30%$46,603
Misc. Invest. Facility Leases $864 $52,257 $58,680 89.05%$6,423
Other Revenue $0 $0 $1,500 0.00%$1,500
General Fund Total $658,740 $2,538,178 $5,122,519 49.55% $2,584,341
Street Fund $5,169 $24,965 $197,901 12.61%$172,936
Street Fund Transfers In $9,167 $45,833 $110,000 41.67%$64,167
Tree Fund $0 $0 $0 0.00%$0
Capital Fund $110,499 $346,850 $937,460 37.00%$590,610
Capital Fund Transfers In $16,667 $83,333 $200,000 41.67%$116,667
Total (All Funds)$774,408 $2,909,993 $6,257,880 46.50% $3,347,887
Total (All Funds) Transfers In $25,833 $129,167 $310,000 41.67%$180,833
EXPENDITURES: May ACTUAL
May YTD
ACTUAL
2013 ANNUAL
BUDGET % of Total
BUDGET
REMAINING
General Fund
Legislative $7,153 $8,798 $16,000 54.99%$7,202
Municipal Court $6,500 $21,900 $79,500 27.55%$57,600
Executive $14,907 $74,899 $193,220 38.76%$118,321
Finance $14,077 $193,843 $319,378 60.69%$125,535
Legal $25,515 $113,345 $160,000 70.84%$46,655
Central Services $41,548 $198,505 $522,051 38.02%$323,546
Police Operations $129,929 $724,727 $2,027,689 35.74%$1,302,962
Fire & Medical Aid $346,975 $346,975 $693,950 50.00%$346,975
Emergency Prep.$5,671 $14,464 $57,194 25.29%$42,730
Development & Planning $65,575 $297,782 $752,339 39.58%$454,557
Recreational Services $1,335 $1,335 $24,200 5.52%$22,865
Parks $30,431 $153,964 $390,635 39.41%$236,671
General Fund Total $689,616 $2,150,537 $5,236,157 41.07% $3,085,620
Street Fund $24,608 $116,503 $383,420 30.39%$266,917
Tree Fund $0 $159 $0 0.00%($159)
Capital Reserve Fund Transfers Out $16,667 $83,333 $200,000 41.67%$116,667
Capital Fund $2,628 $98,295 $1,128,045 8.71%$1,029,750
Capital Fund Transfers Out $9,167 $45,833 $110,000 41.67%$64,167
Total (All Funds)$716,851 $2,365,493 $6,747,621 35.06%$4,382,128
Total (All Funds) Transfers Out $25,833 $129,167 $310,000 41.67%$180,833
TOTAL CASH & INVESTMENTS TOTAL CASH & INVESTMENTS
Beginning Year: 1/1/2013 Period Ending: 5/30/2013
WA ST INV POOL 4,127,663$ WA ST INV POOL 4,051,757$
CHECKING 478,762 CHECKING 1,114,732
4,606,425$ *Note: As of 5/30/13 *5,166,488$
AP Check Register
May 2013
ITEM CA-2
1
Invoice Number VendorName Account Number Account Description Check Date
Transaction
Detail Amount
Check
Number Transaction Notes
Apr-13 Finnigan, Janet Kristen 001-000-000-525-60-41-00 Prof Serv-EP Coordinator 5/3/2013 $2,520.00 54101 Emer Prep Scvs April 2013
Apr-13 Finnigan, Janet Kristen 001-000-000-525-60-43-00 Travel & Training 5/3/2013 $50.00 54101 Emer Prep Scvs April 2013
2,570.00 54101 Total
K13511425 Amec 001-000-000-558-60-41-07 Engineering Consultant 5/10/2013 $371.00 54102 GeoTech Review Svcs. PL-13-007
371.00 54102 Total
0017027-IN B & M Datanode LLC 001-000-000-521-20-41-05 IT Services 5/10/2013 $328.50 54103 Svr Monitoring - May
328.50 54103 Total
05172008 2/7/13-4/3/13 Bellevue City Treasurer 001-000-000-576-80-47-00 Utilities 5/10/2013 $715.04 54104 Public Works Shop Water, Park Irrigation
05066001 2/8/13-4/5/13 Bellevue City Treasurer 001-000-000-576-80-47-00 Utilities 5/10/2013 $120.90 54104 Medina Beach Irrigation
07522006 2/7/13-4/8/13 Bellevue City Treasurer 001-000-000-576-80-47-00 Utilities 5/10/2013 $71.46 54104 FairWx Park Irrigation
907.40 54104 Total
28081 Bellevue, City of 001-000-000-522-20-51-00 Fire Control Services 5/10/2013 $346,974.99 54105 Q1,2 2013 Fire Protection Svcs.
346,974.99 54105 Total
997504 Blumenthal Uniforms & Equipment 001-000-000-521-20-31-00 Office Supplies 5/10/2013 $23.71 54106 Battery/Stinger
23.71 54106 Total
BS94122 Cdw Government Inc 001-000-000-518-90-31-00 Office & Operating Supplies 5/10/2013 $99.52 54107 Server Rack Shelf
99.52 54107 Total
2331795 Cellhire USA, LLC 001-000-000-525-60-41-08 Prof Serv EMP Grant E12-332 5/10/2013 $39.95 54108 EMP Sat Phone
39.95 54108 Total
4256373989759B 4/17/13-5/17/13 Centurylink 001-000-000-521-20-42-00 Communications (phone,Pagers)5/10/2013 $152.95 54109 PD Fax Line & tolls, alarm lines
152.95 54109 Total
37962579 4/6/13-5/5/13 Chevron (Police)001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash 5/10/2013 $1,882.00 54110 Fuel
37962579 4/6/13-5/5/13 Chevron (Police)001-000-000-521-20-48-10 Repairs & Maint-Automobiles 5/10/2013 $56.31 54110 Tires, batteries, other
1,938.31 54110 Total
2013-4 Clyde Hill, City of 001-000-000-558-60-41-06 Building Inspector Contract 5/10/2013 $1,119.20 54111 Inspection Svcs - Apr. 2013
2013-3 Clyde Hill, City of 001-000-000-558-60-41-06 Building Inspector Contract 5/10/2013 $1,100.55 54111 Inspection Svcs - Mar. 2013
2,219.75 54111 Total
12766 CNR, Inc 001-000-000-518-90-48-00 Repairs & Main-Equipment 5/10/2013 $195.74 54112 Mitel SW Maint. - May
195.74 54112 Total
8498330130197935 05/07-06/06 Comcast 001-000-000-521-20-48-20 Repairs & Maint-Cad 5/10/2013 $50.95 54113 1000 Lk WA Blvd Cam
8498330080741723 05/07-06/06 Comcast 001-000-000-521-20-48-20 Repairs & Maint-Cad 5/10/2013 $227.57 54113 700 Lk WA Blvd Cam
278.52 54113 Total
11037150 050413 Crystal And Sierra Springs-Admin 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 $49.21 54114 Water - CH
49.21 54114 Total
5291929050413 Crystal And Sierra Springs-PW 001-000-000-576-80-31-00 Operating Supplies 5/10/2013 $32.59 54115 Water - PW
32.59 54115 Total
89681 db Secure Shred 001-000-000-518-10-41-00 Professional Services 5/10/2013 $39.04 54116 Secure Shredding Svcs, PD Shredder Day Event
89681 db Secure Shred 001-000-000-521-20-49-60 Crime Prevention/Public Educ 5/10/2013 $250.00 54116 Secure Shredding Svcs, PD Shredder Day Event
289.04 54116 Total
345010 Digital Reprographic Services Inc 307-000-000-595-30-63-01 Road Construction 5/10/2013 $427.65 54117 Bid Docs - 80th, EPR Sidewalk
427.65 54117 Total
413922 ENA Couriers Inc 001-000-000-521-20-42-00 Communications (phone,Pagers)5/10/2013 $204.53 54118 Court Courier - PD
204.53 54118 Total
13326 FCI - Custom Police Vehicles 001-000-000-594-21-64-50 Automobiles 5/10/2013 $11,286.91 54119 PD - Equip Install - Car #19
11,286.91 54119 Total
FedEx Ofc. 5/1/13 Fedex Office 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 $4.93 54120 maps for Emerg Prep. Svcs.
FedEx Ofc. 5/1/13 Fedex Office 001-000-000-525-60-31-00 Supplies 5/10/2013 $26.49 54120 maps for Emerg Prep. Svcs.
31.42 54120 Total
216557 Flex-Plan Services, Inc.001-000-000-514-10-49-10 Miscellaneous 5/10/2013 $51.10 54121 April 2013 Admin Fees
51.10 54121 Total
HANSON - Auto - May 2013 Hanson, Donna K 001-000-000-513-10-21-50 Auto Allowance 5/10/2013 $400.00 54122 May Auto Allowance
400.00 54122 Total
AP Check Register
May 2013
ITEM CA-2
2
Invoice Number VendorName Account Number Account Description Check Date
Transaction
Detail Amount
Check
Number Transaction Notes
3023450 Home Depot Credit Services 001-000-000-576-80-31-00 Operating Supplies 5/10/2013 $63.78 54123 pipe, risers, valves, adapter
6024042 Home Depot Credit Services 001-000-000-576-80-31-00 Operating Supplies 5/10/2013 $67.45 54123 screws, stl wool, dustpan, washers
9082858 Home Depot Credit Services 001-000-000-576-80-31-00 Operating Supplies 5/10/2013 $13.27 54123 elbow, coupler, conduit
4121315 Home Depot Credit Services 001-000-000-576-80-31-00 Operating Supplies 5/10/2013 $45.75 54123 screws, elec. tape, couplers, bits
4085029 Home Depot Credit Services 001-000-000-576-80-31-01 Maintenance Supplies 5/10/2013 $23.32 54123 adapter, elbow, inserts, tees
5595536 Home Depot Credit Services 001-000-000-576-80-31-01 Maintenance Supplies 5/10/2013 $15.55 54123 pipe strap, valve, poly pipe
5010962 Home Depot Credit Services 101-000-000-542-30-31-00 Operating Supplies 5/10/2013 $128.04 54123 street sign bolts, posts
357.16 54123 Total
3M089299 Horizon 001-000-000-576-80-31-00 Operating Supplies 5/10/2013 $110.28 54124 Herbicide for parks grass
110.28 54124 Total
JACKSON - April 2013 Jackson, Allyson 001-000-000-511-60-41-00 Professional Services 5/10/2013 $655.00 54125 Flt Track Consultant Svcs. - April
655.00 54125 Total
17343 Kenyon Disend, Pllc 001-000-000-515-20-41-10 City Attorney 5/10/2013 $12,828.96 54126 City Attorney - April
12,828.96 54126 Total
224482748 Konica Minolta Business Solutions 001-000-000-521-20-48-00 Repairs & Maint-Equipment 5/10/2013 $187.14 54127 Copier Chgs - PD - April
187.14 54127 Total
medina-002/21 Law, Lyman, Daniel, Kamerrer & Bogda001-000-000-515-20-41-60 Special Counsel 5/10/2013 $8,295.13 54128 Whitney v COM
medina-001/21 Law, Lyman, Daniel, Kamerrer & Bogda001-000-000-515-20-41-60 Special Counsel 5/10/2013 $126.76 54128 Chen v COM
8,421.89 54128 Total
224315 Leadsonline.com 001-000-000-521-20-41-00 Professional Services 5/10/2013 $1,668.00 54129 Renewal Fees 2013
1,668.00 54129 Total
96211514 McAfee 001-000-000-518-90-41-50 Technical Services 5/10/2013 $230.00 54130 Email Defense Svcs. - May
230.00 54130 Total
Michaels 04/01-05/01 Michael's Dry Cleaning 001-000-000-521-20-22-00 Uniforms 5/10/2013 $115.55 54131 Dry Cleaning Svcs. - PD
115.55 54131 Total
375 Moberly & Roberts, PLLC 001-000-000-512-50-41-10 Prosecuting Attorney 5/10/2013 $4,000.00 54132 Prosecutor Svcs. - April
4,000.00 54132 Total
12220 North West Instrument Services 001-000-000-521-20-41-00 Professional Services 5/10/2013 $114.98 54133 Scale Calibration - PD
114.98 54133 Total
04137e Northwest Cleaning & Maintenance 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg 5/10/2013 $1,241.82 54134 Maintenance - CH - April
1,241.82 54134 Total
201304 4/1/13-4/30/13 NW Arborvitae/Tina Cohen 001-000-000-558-60-41-50 Landscape Consultant 5/10/2013 $660.00 54135 Hazardous Tree Evals
660.00 54135 Total
31731 O'Brien, Barton, Joe & Hopkins, PLLP 001-000-000-512-50-41-20 Public Defender 5/10/2013 $145.00 54136 Publis defender Svcs - April
145.00 54136 Total
53935 PACE Engineers, Inc.001-000-000-558-60-41-07 Engineering Consultant 5/10/2013 $9,945.00 54137 CMP Review Svcs.
9,945.00 54137 Total
499902 Pacific Topsoils, Inc.001-000-000-576-80-41-04 Professional Services-Misc 5/10/2013 $109.00 54138 Dump Clean Green
109.00 54138 Total
PB - Postage 4/21/13 Pitney Bowes Purchase Power 001-000-000-518-10-42-00 Postage/Telephone 5/10/2013 $1,000.00 54139 Postage refill for Meter
1,000.00 54139 Total
IV-10703 Plumb Signs, Inc.101-000-000-542-30-41-00 Professional Services 5/10/2013 $1,619.28 54140 Entry Signs - Installation
1,619.28 54140 Total
2013-5027 Public Safety Testing Inc 001-000-000-521-20-41-50 Recruitment-Background 5/10/2013 $135.00 54141 Subscr. Fee Q1 - PD
135.00 54141 Total
AP Check Register
May 2013
ITEM CA-2
3
Invoice Number VendorName Account Number Account Description Check Date
Transaction
Detail Amount
Check
Number Transaction Notes
200018418620 03/19-04/19 Puget Sound Energy 001-000-000-518-10-47-00 Utility Serv-Elec,Water,Waste 5/10/2013 $1,131.32 54142 Power - CH
100004844904 03/20-04/22 Puget Sound Energy 001-000-000-521-20-48-20 Repairs & Maint-Cad 5/10/2013 $35.87 54142 Power - ODE Cam
200004844698 03/20-04/22 Puget Sound Energy 001-000-000-521-20-48-20 Repairs & Maint-Cad 5/10/2013 $32.94 54142 Power - NE 10th Cam
200024956076 03/19-04/19 Puget Sound Energy 001-000-000-521-20-48-20 Repairs & Maint-Cad 5/10/2013 $43.38 54142 Power - 82nd Ave NE Cam
400000231797 Svc. Installation Puget Sound Energy 001-000-000-521-20-48-20 Repairs & Maint-Cad 5/10/2013 $429.00 54142 Svc Install Chgs for Cams
200012316424 03/19-04/19 Puget Sound Energy 001-000-000-576-80-47-00 Utilities 5/10/2013 $198.44 54142 Power - PW Shop
300000000087 04/03-05/01 Puget Sound Energy 101-000-000-542-63-41-00 Street Light Utilities 5/10/2013 $3,597.12 54142 Street Lights
825-422-158-6 02/22-03/19 Puget Sound Energy 101-000-000-542-63-41-00 Street Light Utilities 5/10/2013 $35.10 54142 Street Lights
200004844466 03/20-04/22 Puget Sound Energy 101-000-000-542-63-41-00 Street Light Utilities 5/10/2013 $42.11 54142 Street Lights
5,545.28 54142 Total
606336 San Diego Police Equipment CO 001-000-000-521-20-31-60 Ammo/Range (Targets, etc)5/10/2013 $1,741.24 54143 Ammunitions - PD
1,741.24 54143 Total
Sea Times 04/01-04/30 Seattle Times, The 001-000-000-518-10-44-00 Advertising 5/10/2013 $582.93 54144 Legal Ads - April
582.93 54144 Total
500 Skoog, Anne 101-000-000-542-30-41-00 Professional Services 5/10/2013 $775.00 54145 Storm System Mapping Svcs.
775.00 54145 Total
3198747310 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 $11.56 54146 Notebooks - CH
3198747309 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 $89.32 54146 Post-its, notebooks, printer ink - CH
3198747313 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 $157.12 54146 Binder clips, paper - CH
3198747306 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 $19.15 54146 Forks - CH
3198747314 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 $155.12 54146 Highlighters, pboard folders - CH
3198747315 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 ($18.36)54146 Credit - Exp. Folders returned - CH
3198747311 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 $97.54 54146 AA Batteries, Postage meter ink - CH
3198747307 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/10/2013 ($19.15)54146 Credit - Forks returned
3198747308 Staples Advantage 001-000-000-521-20-31-00 Office Supplies 5/10/2013 $14.21 54146 Bowls - PD
3198747312 Staples Advantage 001-000-000-521-20-31-00 Office Supplies 5/10/2013 $82.96 54146 Paper, staples, rubber bands - PD
589.47 54146 Total
5486899 TW Telecom 001-000-000-518-10-42-00 Postage/Telephone 5/10/2013 $1,160.41 54147 Bundled telecom Svcs.
1,160.41 54147 Total
1077 VPCI 001-000-000-518-90-48-00 Repairs & Main-Equipment 5/10/2013 $3,595.98 54148 Pay Sales Tax on all Transactions
3,595.98 54148 Total
E984325 WITHERS WA ST Dept of Licensing 631-000-000-589-12-52-88 Dept Of Lic-Gun Permit-$18/21 5/10/2013 $21.00 54149 Late Renewal Fee - Withers
E984324 PERRY WA ST Dept of Licensing 631-000-000-589-12-52-88 Dept Of Lic-Gun Permit-$18/21 5/10/2013 $18.00 54149 Orig. Lic. Fee - Perry
E984322 FRANTZ WA ST Dept of Licensing 631-000-000-589-12-52-88 Dept Of Lic-Gun Permit-$18/21 5/10/2013 $18.00 54149 Orig. Lic. Fee - Frantz, Henry
E984323 FRANTZ WA ST Dept of Licensing 631-000-000-589-12-52-88 Dept Of Lic-Gun Permit-$18/21 5/10/2013 $18.00 54149 Orig. Lic. Fee - Frantz, Geri
75.00 54149 Total
PD - Car #17 Tabs WA ST Dept of Licensing 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash 5/10/2013 $138.75 54150 License Tabs Renewal
138.75 54150 Total
FB91017010131 WA ST Dept of Transportation 001-000-000-576-80-32-00 Vehicle Fuel & Lube 5/10/2013 $1,194.09 54151 Fleet Fuel - PW
1,194.09 54151 Total
724261 Western Equipment Distributors Inc 001-000-000-576-80-48-00 Repair & Maint Equipment 5/10/2013 $94.54 54152 Tire Replacement - Toro Mower
94.54 54152 Total
64501 Wide Format Company, The 001-000-000-518-10-49-40 Photocopies 5/10/2013 $16.21 54153 PRR Copies - "Chew"
16.21 54153 Total
WILLIS - Auto - May 2013 Willis, Joe 001-000-000-576-80-43-00 Travel & Training 5/10/2013 $285.00 54154 Auto Allowance - May
285.00 54154 Total
AP Check Register
May 2013
ITEM CA-2
4
Invoice Number VendorName Account Number Account Description Check Date
Transaction
Detail Amount
Check
Number Transaction Notes
1011330-20130430 Accurint - Account 1011660 001-000-000-521-20-41-00 Professional Services 5/24/2013 $54.75 54155 Investigative Tool - PD - April
54.75 54155 Total
996165814X05162013 4/9/13-5/8/13 AT&T Mobility 001-000-000-521-20-42-00 Communications (phone,Pagers)5/24/2013 $228.13 54156 Patrol Car - Connect to NORCOM
228.13 54156 Total
BAKER - WAPRO - Spring Mtg. Reimb.Baker, Rachel 001-000-000-518-10-43-00 Travel & Training 5/24/2013 $35.26 54157 Pers. Auto Reimb. 4/30/13
35.26 54157 Total
BAKER - VISA 5/15/13 Bank of America-Business Card 001-000-000-511-60-43-00 Travel & Training 5/24/2013 $50.00 54158 4/25/13 PSRC Mtg. - Mayor Luis
BAKER - VISA 5/15/13 Bank of America-Business Card 001-000-000-511-60-43-00 Travel & Training 5/24/2013 $45.00 54158 5/15/13 AWC Mayors Exchange - Mayor Luis
BAKER - VISA 5/15/13 Bank of America-Business Card 001-000-000-518-10-31-00 Office And Operating Supplies 5/24/2013 $246.35 54158 Inks for Xerox Phaser Network Printer
BAKER - VISA 5/15/13 Bank of America-Business Card 001-000-000-518-10-31-00 Office And Operating Supplies 5/24/2013 $166.05 54158 Xerox Phaser Maintenance Kit
BAKER - VISA 5/15/13 Bank of America-Business Card 001-000-000-518-30-45-00 Facility Rental 5/24/2013 $356.00 54158 Records Storage - Unit 1410
BAKER - VISA 5/15/13 Bank of America-Business Card 001-000-000-518-30-45-00 Facility Rental 5/24/2013 $171.00 54158 Records Storage - Unit 1367
WILLIS - VISA 5/15/13 Bank of America-Business Card 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg 5/24/2013 $240.29 54158 Replace Toilet - CH Womens Restroom
BAKER - VISA 5/15/13 Bank of America-Business Card 001-000-000-518-90-31-00 Office & Operating Supplies 5/24/2013 $101.90 54158 KVM Switch Cabling - GIS Server
YOURKOSKI - VISA 5/15/13 Bank of America-Business Card 001-000-000-521-20-31-00 Office Supplies 5/24/2013 $110.53 54158 Key Cabinet - PD
YOURKOSKI - VISA 5/15/13 Bank of America-Business Card 001-000-000-521-20-31-40 Police Operating Supplies 5/24/2013 $295.65 54158 Radar Gun Batteries
YOURKOSKI - VISA 5/15/13 Bank of America-Business Card 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash 5/24/2013 $100.00 54158 Good2Go Replenishment
YOURKOSKI - VISA 5/15/13 Bank of America-Business Card 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash 5/24/2013 $100.00 54158 Good2Go Replenishment
GRUMBACH - VISA 5/15/13 Bank of America-Business Card 001-000-000-558-60-31-00 Operating Supplies 5/24/2013 $84.13 54158 Building Code Books
GRUMBACH - VISA 5/15/13 Bank of America-Business Card 001-000-000-558-60-43-00 Travel & Training 5/24/2013 $764.67 54158 Hotel - APA Conference
GRUMBACH - VISA 5/15/13 Bank of America-Business Card 001-000-000-558-60-43-00 Travel & Training 5/24/2013 $60.00 54158 Transp. fm airport/home due to flt delay (Wx)
GRUMBACH - VISA 5/15/13 Bank of America-Business Card 001-000-000-558-60-43-00 Travel & Training 5/24/2013 $20.00 54158 Baggage Fee - Alaska Air
GRUMBACH - VISA 5/15/13 Bank of America-Business Card 001-000-000-558-60-43-00 Travel & Training 5/24/2013 $30.00 54158 Transport fm conf. site to airport
YOURKOSKI - VISA 5/15/13 Bank of America-Business Card 001-000-000-574-20-22-00 Uniforms 5/24/2013 $369.40 54158 Lifeguard Uniforms
WILLIS - VISA 5/15/13 Bank of America-Business Card 001-000-000-574-20-31-00 Operating Supplies 5/24/2013 $11.71 54158 Parts to mount Lifeguard Rescue Bd
YOURKOSKI - VISA 5/15/13 Bank of America-Business Card 001-000-000-574-20-31-00 Operating Supplies 5/24/2013 $854.69 54158 Lifeguard Rescue Bd
WILLIS - VISA 5/15/13 Bank of America-Business Card 001-000-000-574-20-31-00 Operating Supplies 5/24/2013 $77.76 54158 Parts to mount Lifeguard Rescue Bd
YOURKOSKI - VISA 5/15/13 Bank of America-Business Card 001-000-000-574-20-31-00 Operating Supplies 5/24/2013 $21.43 54158 Lifeguard Rescue Bd
WILLIS - VISA 5/15/13 Bank of America-Business Card 001-000-000-576-80-22-00 Uniforms 5/24/2013 ($131.35)54158 LLBean Credit - Uniform Return - CM
WILLIS - VISA 5/15/13 Bank of America-Business Card 001-000-000-576-80-31-00 Operating Supplies 5/24/2013 $13.12 54158 Basketball Nets - FairWx Park
WILLIS - VISA 5/15/13 Bank of America-Business Card 001-000-000-576-80-31-00 Operating Supplies 5/24/2013 $32.81 54158 Tow Strap for Mowers
WILLIS - VISA 5/15/13 Bank of America-Business Card 001-000-000-576-80-31-00 Operating Supplies 5/24/2013 $25.59 54158 Printer Inks - PW
WILLIS - VISA 5/15/13 Bank of America-Business Card 001-000-000-576-80-48-00 Repair & Maint Equipment 5/24/2013 $31.21 54158 Replace Tire - Toro Mower
WILLIS - VISA 5/15/13 Bank of America-Business Card 101-000-000-542-30-48-00 Equipment Maintenance 5/24/2013 $24.04 54158 Flat Tire Repair - Ford Ranger
4,271.98 54158 Total
90107027 2/19/13-4/24/13 Bellevue City Treasurer 001-000-000-576-80-47-00 Utilities 5/24/2013 $53.60 54159 ViewPt Dock - Irrigation
53.60 54159 Total
02623004 2/19/13-4/24/13 Bellevue Treasurer, City of 001-000-000-576-80-47-00 Utilities 5/24/2013 $40.38 54160 Viewpoint Park Irrigation
40.38 54160 Total
4517838049B 5/7/13-6/7/13 Centurylink 001-000-000-518-10-42-00 Postage/Telephone 5/24/2013 $103.72 54161 Fax Line & Tolls, CC Line - CH
4542095384B 5/8/13-6/8/13 Centurylink 001-000-000-525-60-31-00 Supplies 5/24/2013 $79.65 54161 Emerg. Prep Info Line
4548083078B 5/8/13-6/8/13 Centurylink 001-000-000-576-80-42-00 Telephone/postage 5/24/2013 $44.65 54161 Alarm Line - PW Shop
228.02 54161 Total
AP Check Register
May 2013
ITEM CA-2
5
Invoice Number VendorName Account Number Account Description Check Date
Transaction
Detail Amount
Check
Number Transaction Notes
43617 Code Publishing Co.001-000-000-518-10-41-00 Professional Services 5/24/2013 $150.78 54162 Code Update
150.78 54162 Total
8.49833E+15 Comcast 001-000-000-521-20-48-20 Repairs & Maint-Cad 5/24/2013 $210.80 54163 NE 24th St Camera
8.49833E+15 Comcast 001-000-000-521-20-48-20 Repairs & Maint-Cad 5/24/2013 $210.80 54163 NE 12th St Camera
421.60 54163 Total
5.29697E+12 Crystal And Sierra Springs-Police 001-000-000-521-20-31-00 Office Supplies 5/24/2013 $38.51 54164 Water - PD
38.51 54164 Total
346779 Digital Reprographic Services Inc 001-000-000-518-10-49-10 Miscellaneous 5/24/2013 $635.70 54165 2013 Budget Binder
635.70 54165 Total
414114 ENA Couriers Inc 001-000-000-521-20-42-00 Communications (phone,Pagers)5/24/2013 $170.26 54166 Court Courier - PD
170.26 54166 Total
FINNIGAN - EPC - May Finnigan, Janet Kristen 001-000-000-525-60-41-00 Prof Serv-EP Coordinator 5/24/2013 $2,880.00 54167 Emerg. Prep Coord. - May
FINNIGAN - EPC - May Finnigan, Janet Kristen 001-000-000-525-60-43-00 Travel & Training 5/24/2013 $75.00 54167 Emerg. Prep Coord. - May
2,955.00 54167 Total
1036858 Foster Pepper 001-000-000-515-20-41-60 Special Counsel 5/24/2013 $4,264.64 54168 Special Counsel - Skinner Appeal
4,264.64 54168 Total
9974910 Home Depot Credit Services 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg 5/24/2013 $330.69 54169 Replacement Toilet - CH
330.69 54169 Total
2017064 KC Finance-Mental Health, Chemical 001-000-000-514-10-49-10 Miscellaneous 5/24/2013 $134.40 54170 Q1 2013 2% Liquor Tax
134.40 54170 Total
2016985 KC Office of Finance 001-000-000-511-80-51-00 Election Services-Voter Regist 5/24/2013 $6,403.06 54171 2012 Voter Reg. Costs
6,403.06 54171 Total
APR13MED Kirkland Municipal Court 001-000-000-512-50-51-10 Municipal Court-Traffic/NonTrf 5/24/2013 $2,355.00 54172 Court Filing Fees - April
2,355.00 54172 Total
05137e Northwest Cleaning & Maintenance 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg 5/24/2013 $1,308.28 54173 CH - Janitorial Svcs - May
1,308.28 54173 Total
54142 PACE Engineers, Inc.001-000-000-558-60-41-07 Engineering Consultant 5/24/2013 $7,417.50 54174 CMP Svcs. - April
7,417.50 54174 Total
200004850133 4/17/13-5/15/13 Puget Sound Energy 001-000-000-521-20-48-20 Repairs & Maint-Cad 5/24/2013 $26.43 54175 Power - NE 24th Camera
26.43 54175 Total
ROTH HILL - April 2013 Roth Hill Engineering Partners 001-000-000-558-60-41-07 Engineering Consultant 5/24/2013 $10,197.55 54176 Engineering Svcs. - April
10,197.55 54176 Total
T220030 Sears Commercial One 001-000-000-576-80-22-00 Uniforms 5/24/2013 $102.90 54177 Uniforms - PW
102.90 54177 Total
86744 Seattle Mailing Bureau 001-000-000-518-10-49-30 Postcard, Public information 5/24/2013 $837.32 54178 Postcard Mailing - Zoning Update
837.32 54178 Total
2013-1595 Snohomish County Sheriff - Correction001-000-000-521-20-51-50 Jail Service-Prisoner Board 5/24/2013 $160.89 54179 Jail Housing - April
160.89 54179 Total
1091 South Sound Geotechnical Consulting 307-000-000-594-19-63-01 Public Works Shop Improvements 5/24/2013 $2,200.00 54180 Shop Imp. project - Soils Study
2,200.00 54180 Total
196658245-079 Sprint 001-000-000-518-10-42-00 Postage/Telephone 5/24/2013 $64.59 54181 ISC Phone
196658245-079 Sprint 001-000-000-521-20-42-00 Communications (phone,Pagers)5/24/2013 $336.27 54181 PD Phones
196658245-079 Sprint 001-000-000-576-80-42-00 Telephone/postage 5/24/2013 $192.48 54181 PW Phones
593.34 54181 Total
AP Check Register
May 2013
ITEM CA-2
6
Invoice Number VendorName Account Number Account Description Check Date
Transaction
Detail Amount
Check
Number Transaction Notes
3199918313 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/24/2013 $28.24 54182 Batteries, DVDs, Bands, Ibuprof tabs
3199918308 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/24/2013 $197.19 54182 Paper, Plastic Slvs, Folio
3196349814 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/24/2013 $42.06 54182 Cash Register Rolls
3199918315 Staples Advantage 001-000-000-518-10-31-00 Office And Operating Supplies 5/24/2013 $61.30 54182 Plotter Paper
3199918312 Staples Advantage 001-000-000-521-20-31-00 Office Supplies 5/24/2013 $62.83 54182 Plate - PD
391.62 54182 Total
3040150 Utilities Underground Location Ctr 101-000-000-542-30-47-00 Utility Services 5/24/2013 $46.58 54183 Utility Svcs - April
46.58 54183 Total
INV024920 WA Assoc of Sheriffs & Police Chief 001-000-000-521-20-41-00 Professional Services 5/24/2013 $350.00 54184 Accreditation Svcs - PD
350.00 54184 Total
2013030066 - Sales Tax WA ST Dept of Enterprise Services 101-000-000-542-30-41-00 Professional Services 5/24/2013 $181.01 54185 Sales Tax on SW Purchase - GIS
181.01 54185 Total
E984327 SIDELL WA ST Dept of Licensing 631-000-000-589-12-52-88 Dept Of Lic-Gun Permit-$18/21 5/24/2013 $18.00 54186 Renewal Lic fee - Sidell
E984326 JESSEN WA ST Dept of Licensing 631-000-000-589-12-52-88 Dept Of Lic-Gun Permit-$18/21 5/24/2013 $21.00 54186 Late Renewal License Fee - Jessen
39.00 54186 Total
Q4 2012 - WA St Treasurer WA ST Treasurer's Office 631-000-000-586-83-08-32 WA St-Trauma Care 5/24/2013 $272.09 54187 Q4 2012 Distribution
Q4 2012 - WA St Treasurer WA ST Treasurer's Office 631-000-000-586-83-31-00 WA St-Auto Theft Protection 5/24/2013 $380.35 54187 Q4 2012 Distribution
Q4 2012 - WA St Treasurer WA ST Treasurer's Office 631-000-000-586-89-09-00 WA ST Highway Account 5/24/2013 $285.55 54187 Q4 2012 Distribution
Q4 2012 - WA St Treasurer WA ST Treasurer's Office 631-000-000-586-89-14-00 WA St-State Highway Safety 5/24/2013 $81.31 54187 Q4 2012 Distribution
Q4 2012 - WA St Treasurer WA ST Treasurer's Office 631-000-000-586-91-00-00 WA St-State Gen Fund 40 5/24/2013 $3,295.85 54187 Q4 2012 Distribution
Q4 2012 - WA St Treasurer WA ST Treasurer's Office 631-000-000-586-92-00-00 WA St-State Gen Fund 50 5/24/2013 $1,751.91 54187 Q4 2012 Distribution
Q4 2012 - WA St Treasurer WA ST Treasurer's Office 631-000-000-586-96-03-00 WA St-Lab-Bld/breath 5/24/2013 $93.01 54187 Q4 2012 Distribution
Q4 2012 - WA St Treasurer WA ST Treasurer's Office 631-000-000-586-97-05-00 WA St-JIS 5/24/2013 $681.61 54187 Q4 2012 Distribution
Q4 2012 - WA St Treasurer WA ST Treasurer's Office 631-000-000-589-12-52-01 WA St-Bldg Code Fee 5/24/2013 $76.50 54187 Q4 2012 Distribution
6,918.18 54187 Total
I13007612 Washington State Patrol 001-000-000-521-20-41-00 Professional Services 5/24/2013 $10.00 54188 Cert. Background Letter
I13008337 Washington State Patrol 631-000-000-589-12-52-88 Dept Of Lic-Gun Permit-$18/21 5/24/2013 $132.00 54188 CPL Background Checks
142.00 54188 Total
2013-0324 Watershed Company, The 001-000-000-558-60-41-55 Shoreline Consultants 5/24/2013 $3,135.00 54189 SMP Update
3,135.00 54189 Total
WEDLUND - CSE - April Wedlund, Caroll 001-000-000-518-10-41-00 Professional Services 5/24/2013 $732.00 54190 Civil Svc. Examiner Svcs. - April
732.00 54190 Total
64914 Wide Format Company, The 001-000-000-518-10-49-40 Photocopies 5/24/2013 $43.64 54191 PRR Copies - Cusick Part 1 of 2
65002 Wide Format Company, The 001-000-000-518-10-49-40 Photocopies 5/24/2013 $29.57 54191 PRR Copies - Cusick Part 2 of 2
73.21 54191 Total
WILLIS EXP REIMB PROF LIC.Willis, Joe 101-000-000-542-30-41-00 Professional Services 5/24/2013 $232.00 54192 WA ST DOL PROF LICENSES
232.00 54192 Total
WMCA - Greytak 2013 Dues WMCA - Treasurer 001-000-000-518-10-49-20 Dues, Subscriptions 5/24/2013 $75.00 54193 2013 Member Dues - Greytak
WMCA - Baker 2013 Dues WMCA - Treasurer 001-000-000-518-10-49-20 Dues, Subscriptions 5/24/2013 $75.00 54193 2013 Member Dues - Baker
150.00 54193 Total
KNOTT - 2013 WSLEFIA Reg.Wslefia 001-000-000-521-20-43-00 Travel & Training 5/24/2013 $100.00 54194 Conference Registration
KNOTT - 2013 WSLEFIA Reg.Wslefia 001-000-000-521-20-49-40 Dues,Subcriptions,Memberships 5/24/2013 $30.00 54194 Conf. Registration - Ofc. Knott
130.00 54194 Total
486,347.32 Grand Total
City of Medina, Washington
PROCLAMATION
Childhood Cancer Awareness Week
June 23 – June 29, 2013
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report
cancer is the leading cause of death by disease among U.S. children between infancy
and age 15. This tragic disease is detected in nearly 15,000 of our country's young
people each and every year.
WHEREAS, one in five of our nation's children loses his or her battle with cancer. Many
infants, children and teens will suffer from long-term effects of comprehensive
treatment, including secondary cancers; and
WHEREAS, founded twenty years ago by Steven Firestein, a member of the
philanthropic Max Factor family, the American Cancer Fund for Children, Inc. and Kids
Cancer Connection, Inc. are dedicated to helping these children and their families; and
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection
provide a variety of vital patient psychosocial services to children undergoing cancer
treatment at Seattle Children’s Hospital, Mary Bridge Children's Hospital in Tacoma, as
well as participating hospitals throughout the country, thereby enhancing the quality of
life for these children and their families; and
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also
sponsor nationwide Courageous Kid recognition award ceremonies and hospital
celebrations in honor of a child's determination and bravery to fight the battle against
childhood cancer.
NOW, THEREFORE, I, Michael Luis, Mayor of the City of Medina, Washington, on
behalf of the City Council, do hereby proclaim the week of June 23, 2013 as Childhood
Cancer Awareness Week. I encourage Medina residents to join us in recognizing the
courage and strength of the children and families battling this disease and the financial
assistance and services provided by the American Cancer Fund for Children and Kids
Cancer Connection.
Michael Luis, Mayor
ITEM CA-3
Medina City Council Regular Meeting ITEM CA-4
Monday, June 10, 2013
AGENDA BILL
Subject: Ordinance Adopting 2012 State Building Codes
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Robert J. Grumbach, AICP, Director of Development Services
Summary: The Washington State Legislature adopted the 2012 State Building Code as part
of its normal three-year building code adoption cycle. Pursuant to RCW 19.27.031, all towns,
cities and counties are required to adopt the new state building code to go into effect on July 1,
2013.
The City implemented the state building codes by adopting building codes under Chapter 20.40
MMC. Adoption of the 2012 updated state building code will modify this chapter consistent with
the state statutes. Additionally, the ordinance amends the grading provisions by adding a new
exemption from the requirement for a grading permit when the grading involves the placement
of up to 100 cubic yards of fill over a three year period for the purpose of improving fish and
wildlife habitat. This exemption would only apply when state or federal approvals are also
involved. The Ordinance also amends the fire code to establish a minimum gate width to be
consistent with the City of Bellevue fire code with whom we have a fire services contract with.
The effective date of the ordinance is July 1 to correspond with the state’s effective date.
Attachment(s):
Ordinance
Budget/Fiscal Impact: None
Staff Recommendation: Approve
City Manager Approval:
Proposed Council Motion: Move to approve adopting an Ordinance amending
Chapter 20.40 of the Medina Municipal Code by adopting
the 2012 updates to the State Building Code.
ITEM CA-4
1 of 3
Ordinance No.____ 1
2
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, 3
AMENDING CHAPTER 20.40 OF THE MEDINA MUNICIPAL CODE BY ADOPTING4
THE 2012 UPDATES TO THE STATE BUILDING CODE; REPEALING THE5
WASHINGTON STATE ENERGY CODE; ADOPTING THE INTERNATIONAL ENERGY6
CONSERVATION CODE; AND AMENDING RELATED PROVISIONS OF7
THE MEDINA MUNICIPAL CODE8
9
WHEREAS, the Washington State Legislature adopted the International Building10
Code, the International Residential Code, the International Fire Code, the International11
Energy Conservation Code, the International Mechanical Code, and the Uniform Plumbing12
Code, and directed that the State Building Code Council adopt these as part of the State13
Building Code; and14
15
WHEREAS, pursuant to chapter 19.27 RCW, the State Building Code Council16
adopted the 2012 editions, with amendments, of the International Building, Residential, Fire, 17
Energy Conservation, Mechanical, and the Uniform Plumbing Codes; and18
19
WHEREAS, pursuant to RCW 19.27.031, the State Building Code shall be in effect20
in all Washington State cities and counties; and21
22
WHEREAS, pursuant to chapter 51-50 WAC, the updated State Building Code goes23
into effect July 1, 2013; and24
25
WHEREAS, the City Council wishes to incorporate the updated State Building Code26
into the Medina Municipal Code; and27
28
WHEREAS, the adoption of an ordinance pertaining to building codes is exempt from29
the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(20). 30
31
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, 32
DOES ORDAIN AS FOLLOWS33
34
Section 1. Section 20.40.010 Amended. Section 20.40.010 of the Medina35
Municipal Code is hereby amended to read as follows: 36
37
All construction activity and construction materials in the city shall be governed by the State38
Building Code as adopted in Chapter 96, Laws of 1974, as updated by the State Building39
Code Council to include the ((2009)) 2012 editions of the following codes with amendments: 40
A. International Building Code; 41
B. ICC/ANSI ((A117.1-03)) A117.1, 42
C. Accessible and Usable Buildings and Facilities; 43
D. International Residential Code; 44
E. International Fire Code; 45
F. International Energy Conservation Code; 46
G. International Mechanical Code; 47
F.)) H. Liquefied Petroleum Gas Code (NFPA 58); 48
G.)) I. National Fuel Gas Code (NFPA 54) for LP Gas; 49
H. International Fire Code;)) 50
I.)) J. Uniform Plumbing Code; 51
ITEM CA-4
2 of 3
J.)) K. International Existing Buildings Code; and1
K.)) L. National Electrical Code (NFPA 70). 23
Section 2. Section 20.40.015 Repealed. Section 20.40.015 of the Medina Municipal4
Code is hereby repealed in its entirety. 5
6
Section 3. Section 20.40.110 Amended. Section 20.40.110 of the Medina7
Municipal Code is hereby amended to read as follows: 89
Subsection J103.2 of the IBC, which lists work of a grading nature that is exempt from permit10
requirements, is amended to read as follows: 1112
J103.2 Exemptions. A grading permit shall not be required for the following: 1314
1. Grading in an isolated, self-contained area, provided there is no danger to the public, 15
and that such grading will not adversely affect adjoining properties. 16
2. Excavation for construction of a structure permitted under this code not exceeding 2517
cubic yards. 18
3. Refuse disposal sites controlled by other regulations. 19
4. All excavation for wells for utilities. 20
5. All excavation for trenches for utilities requiring a right-of-way permit. 21
6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate22
or clay controlled by other regulations, provided such operations do not affect the23
lateral support of, or significantly increase stresses in, soil on adjoining properties. 24
7. Exploratory excavations performed under the direction of a registered design25
professional. 26
8. Excavations and grading involving the movement of 25 cubic yards of earth or less, 27
and not involving a critical area. 28
9. A fill less than one foot in depth, and placed on natural terrain with a slope flatter than29
5 horizontal to one vertical, or less than 3 feet in depth, not intended to support any30
structures, which does not exceed 25 cubic yards on any one lot and does not31
obstruct a drainage course. 32
10. A fill for the purpose of improving fish and wildlife habitat, which does not exceed 10033
cubic yards on any one lot during any five consecutive year period and which requires34
approval from the Washington State Department of Fish and Wildlife and/ or U.S. 35
Army Corps of Engineers. 3637
Exemption from the permit requirements of this appendix shall not be deemed to grant38
authorization for any work to be done in any manner in violation of the provisions of this39
code or any other laws or ordinances of this jurisdiction. 4041
Section 4. Section 20.40.125 Amended. Section 20.40.125 of the Medina42
Municipal Code is hereby amended to read as follows: 43
44
45
46
503.6 Security gates. The installation of security gates across a fire apparatus access47
road shall be reviewed and approved by the fire code official and must comply with48
Appendix D103.5, and must be in accordance with Chapter 12.40 MMC. The use of49
directional-limiting devices (tire spikes) is prohibited. Where security gates are installed, 50
they shall have an approved means of emergency operation. The security gates and the51
emergency operation shall be maintained operational at all times. Electric gate52
ITEM CA-4
3 of 3
operators, where provide, shall be listed in accordance with UL 325. Gates intended for1
automatic operation shall be designed, constructed and installed to comply with the2
requirements of ASTM F 2200. The width of a gate shall be at least as wide as the3
required width of the access road. Gates on all properties shall be setback a minimum4
distance of 20 feet from the roadway edge of pavement, except the Medina City Engineer5
may increase or decrease this distance based upon safety and feasibility considerations. 6
7
Section 5. Severability. If any section, sentence, clause, or phrase of this ordinance8
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such9
invalidity or unconstitutionality shall not affect the validity of any other section, sentence, 10
clause, or phrase of this ordinance. 11
12
Section 6. Effective Date. This ordinance shall take effect July 1, 2013. 13
14
PASSED BY THE CITY COUNCIL ON THIS 10TH DAY OF JUNE, 2013 AND SIGNED IN15
AUTHENTICATION OF ITS PASSAGE ON THE 10TH DAY OF JUNE, 2013. 16
17
18
19
20
Michael Luis, Mayor
Approved as to form: Attest:
Kari Sand, City Attorney Rachel Baker, City Clerk
Kenyon Disend, PLLC21
Medina City Council Regular Meeting ITEM CA-5
Monday, June 10, 2013
AGENDA BILL
Subject: Enhanced Public Safety Surveillance System & ALPR Systems Project
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Joe Willis Sr., Director of Public Works
Summary:
Phase II of the Public Safety Surveillance project was awarded in June of 2012 to Statewide
Security. The project was completed in April of 2013. The project provides fixed vehicle
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 provide both day and night observations of
incoming vehicles. Their images are transferred to the Police station and are recorded on a
separate server system for observation and recovery.
The Statewide Security original bid amount was $249,458. The 2012 CIP Budget for the
project was $250,000. The final cost including taxes with the addition of 3600 cameras at
each intersection is $256,754.
Attachment(s): None
Budget/Fiscal Impact: $ 256,754
Staff Recommendation:
Accept the Enhanced Public Safety Surveillance System &
ALPR Recognition Systems Phase II Project and Authorize
the Public Works Director to close out the project.
City Manager Approval:
Proposed Council Motion:
I move to Accept the Enhanced Public Safety Surveillance
and ALPR Recognition Systems Phase II Project and
Authorize the Public Works Director to close out the
project.”
Medina City Council Regular Meeting ITEM CA-6
Monday, June 10, 2013
AGENDA BILL
Subject: Confirmation of Appointment to Park Board
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Rachel Baker, City Clerk, for Michael Luis, Mayor
Summary:
Positions 5 and 7 are currently open on the Medina Park Board. Both are partial terms and expire
6/30/2015. Positions have been vacant since January 15 when Ross Mickel and Matt Kochel resigned.
The City received one application from Drew Blazey on 3/26/2013 and he was interviewed by the
personnel committee on 5/30/2013. The committee recommends his appointment.
According to Resolution 332, recommendations must be presented to the full council at least ten days
prior to the meeting at which they are to be considered. The attached email was sent in accordance with
this rule and the original record included the applications.
If appointed this evening, the applicant can attend the next meeting scheduled for June 17.
Looking forward, the City is still recruiting for the other partial term position and for expiring Positions 1
currently held by Susan Flagg), 3 (held by Marelaine Dykes), and 4 (Gabriele Dickmann) which end
06/30/2013. The incumbents have been notified and encouraged to reapply. To date two incumbents
have expressed their desire to continue on the park board. Interviews for these applicants are expected
to occur in June and appointments are planned for the July 8 agenda.
Attachment(s):
05/31/2013 Email to Council Members (sans attachment)
Budget/Fiscal Impact: None
Staff Recommendation:
City Manager Approval:
Proposed Council Motion:
I move to approve confirmation of the Personnel
Committee’s recommendation to appoint Drew Blazey to the
remaining term of Position 5 on the Medina Park Board.”
CITY OF MEDINA
Special Planning Commission Meeting
April 1, 2013 Medina CityHall Council Chambers
6:00 p.m. 501 Evergreen Point Road
CALL TO ORDER
The Special Planning Commission meeting of April 1, 2013, was called to order at
6:00 PM by Chairperson Nunn.
ROLL CALL
Present: Peter May, Alex Morcos, HeijaNunn, Ching-Pi Wang
Absent: Peter Papano (excused)
Staff Present: Robert Grumbach, Development ServicesDirector
Donna Goodman, Development ServicesCoordinator
Jean Cutter, ConstructionMitigation Plan Consultant
Jenny Ngo, Planning Consultant
ANNOUNCEMENTS
Grumbach madethe followingannouncements:
Judy O'Brien submitted her resignation and the commissioncurrently has five
members. Twoprospective candidates wereinterviewed by the Council
personnel committee and their names have been forwarded to the City Council
for approval at their next meeting.
The City will hold a Shredder Day and Drug Take Back Day on April 13t".
The Seattle Harbor Control will hold a boater safety class at City Hall May
18th
The Department of Ecology will soon release their decision on theproposed
Shoreline Master Program. Grumbach has received a preliminary draft and
has just begun reviewing it.
APPROVAL OF MINUTES
MOTION WANG / SECOND MAY TO APPROVE THE JANUARY 22, 2013,
PLANNING COMMISSION MEETING MINUTES AS WRITTEN. APPROVED 4 — 0.
6:03 PM)
AUDIENCE PARTICIPATION (6:04 PM)
ITEM CA-7
Charles Hotes submitted a letter from himself and Jessie Anne Hotes, and also
testified against the proposed setback changes to the R-16 zone. He referenced a
similar action regarding setbacks in 2004 that was voted down. He urgedthe
commissionersto notmakethe change as it would result in his housebecoming
nonconforming and devalue his property.
Therewere no further comments from the audience.
PUBLIC HEARINGS — QUASI JUDICIAL: (6:08 PM)
1. Level 2 Tailored Construction Mitigation Plan. File No. CMP-13-002.
8398 NE 12th Street. Proposal: Construct a 22,500 squarefeet, two-story, Life
Center building. Work includes demolition of the existing Parish Building and
excavation of approximately 1,500 cubic yards of earth and importing 100 cubic
yards of fill.
Chair Nunn announced that the Appearance of FairnessDoctrine applies and asked
the commissioners if they had any disclosures. Therewere no disclosures and no
challenges to the participationofany Planning Commission members in the hearing.
Grumbach introduced Jean Cutter, the City's CMP consultant.
Cutter entered into the record an additionalexhibitregarding thespecial use permit
granted for the project. The oath was administered to Cutter.
Cutter provided a brief summary of her staff report. She described the project and
explained that the Level 2 CMP was triggered due to the construction value of $6
million. She reported that Verizon and AT&T, who have facilities on the property,
have construction projects included in the CMP, as well as St. Thomas School.
Cutter explained that ingress and egress to the property will be via two entrances off
NE 12th Street and that the entrance off
84th Ave NE will not be used. Workers will
carpool from outside the city if overflow construction parking is needed. There will be
constructionfencing aroundthe site and anotherenclosure to protectstudents when
walking from the school to the church. Materials and equipment will be stored in
containers as an additional security measure. Installation of a water linewill be
accomplished when the students are at summer recess. The proposedconstruction
hours are 7:00 AM — 5:00 PM, Monday through Friday, and 8:00 AM — 5:00 PMon
Saturdays.
Cutter testified that one public comment was received from Bradley Hill concerning
traffic impacts, but it was related to school traffic rather than construction traffic. She
noted that there will be fifteen parking spaces on site for construction workers and
that there will be no construction parking allowed on NE 12th St. Cutter concluded
that staff recommended approval of the CMP with the eight conditions found in the
staff report.
Greg Murray, the owner's representative, stated that there had been concern about
theparking and traffic and thatthey are doing everythingthey can to mitigate those
Special Planning Commission Minutes Page 2 April 1, 2093
ITEM CA-7
issues. They are planning to begin construction in June when school is out of
session.
Murrayindicated thatthey monitored parent pick-upand drop-off waitingtimes and
queuelengths on a regular basis and will limit construction access to avoid conflicting
with this traffic. He added that they cannot controlschool traffic but that a traffic
study had been performed as part of thespecial use permit.
Jennifer Garone testified by asking if theMedina Elementary hours had been taken
into consideration and recommended that traffic be limited during their hours as well.
Tony Joyce testified that he represented Brad Hill, who was unable to be present.
His questions related not just to the construction period, but to the time following
construction as well; and asked about the use of the building. Joyceexpressed
concern with parking along the street and overflow parking atMedina Park.
Murray responded to the parking issue by explainingthat they had discontinued their
agreement with Metro Park and Ride for the period of construction and possibly
afterwards. He added that the newbuilding willhave classrooms, offices for staff, a
gathering place for 250 people, music space, sport areas and restrooms. Murray
clarified that the school and church are two separate entities. The building will be
used by the church only, with the exception of AA meetings. He noted that a traffic
analysisindicated that only five to ten new cartrips per year will be generated by the
new building. Murrayreported that they alsohave significantly more parking spaces
available than the fifteen spaces designated for construction parking, so overflow
parkingshould not be a problem.
Therewas no other public testimony.
Murray responded to commissioners' questions regardingingress and egress and
showed the trucking route. He explained that demolition and excavation will be
completed while school is out of session.
May asked about the public comment regarding Medina Elementary's hours. Murray
responded that this was the first time it had been brought to their attention; however
he did not think it was a major issue.
Discussion followed. Nunn voiced concern withthe trucks entering the site so close
to the corner and suggested a longer buffer period for dropoffs and pickups for the
school.
Murray noted thatthey would be using short trucks and therefore access shouldn't be
more difficult than getting a car in and out of the campus.
There was further discussion related to the possible access off
84th Ave NE, the
possibility of summer camps tobeheldat the school, the water line installation, and
the proposed work on the site related to the AT&T and Verizon cell tower
modifications, as well as possibly widening the no-parking zone on either side of the
Special Planning Commission Minutes Page 3 April 1, 2013
ITEM CA-7
driveways. Murray indicated that there would beno lane closures and that they
would be amenable to the increased no-parking area on the street.
Morcos suggested that no work occur after 5:00 PM, noting that condition No. 4 in the
staff reportdoes not mentionthe endingtime.
Further discussion occurred regarding hours of construction. Murray pointed out that
the project is more than 600 feetfrom Medina Elementary andthe code doesn't
address that. He added that it would be very difficult to have additional restrictions to
their work day. Marcos commented that it will take more months to finish the project
if they are restrictedtoo much and perhaps only the big trucks should be affected.
MOTIONMAY / SECOND NUNN TO APPROVE CMP-13-002 SUBJECT TO THE
CONDITIONS IN THE STAFF REPORT, AMENDINGCONDITION 5 TO PROHBIT
TRUCK TRAFFIC DURING THE SUMMER BETWEEN 8:00 — 8:30 AMAND 3:00 —
3:30 PM, AND DURING THE SCHOOL YEARBETWEEN 7:45 — 8:30 AM AND 2:30
3:30 PM. (7:03 PM)
MOTION NUNN TO AMEND THE MOTION BY ADDING A CONDITION 9 TO
REQUIRE A FLAGGER OR DESIGNEE TO BE PRESENT AT INGRESS AND
EGRESS POINTS BETWEEN 8:15 — 8:45 AM AND 3:15 — 3:45 PM DURING THE
SCHOOL YEAR TO ENSURE THATTRAFFIC IS FLOWING EFFICIENTLY AND
SAFELY FROM THE SITE. MOTION DIED FOR LACK OF A SECOND. (7:05 PM)
Andrew Mechling testified that he represented St. Thomas School and thattraffic
impacts have been minimized because theschool now has staggereddrop off and
pickup times for different grades. He added that 8:00 — 8:15 am and 3:00 — 3:20 pm
are the busy times for drop off and pickups. He said therewas a great relationship
betweenthe school and church and there were a lot of conversations regarding the
project to keep students safe.
The commissioners continued theirdeliberation.
MOTION MAY / SECOND MORCOSTO AMEND THE MOTIONTO ADDA
CONDITION 9 THAT IF THE CITY PUBLIC WORKS DIRECTORDETERMINES
THERE IS ATRAFFIC SAFETY HAZARD ATANY TIME THEN ADDITIONAL
MITIGATION MEASURES MAY BE REQUIRED, MOTION TO AMEND APPROVED
4-0. (7:21 PM)
MOTION BYMAY/AGREED TOBYNUNN FOR A FRIENDLY AMENDMENT TO
CLARIFY THAT CONDITION 5 SHOULD READ "WHEN SCHOOL IS IN SESSION"
There was a consensus to includethe friendly amendment in theoriginal motion.
ORIGINAL MOTIONWITH AMENDMENTS APPROVED 4-0. (7.21 PM)
Special Planning Commission Minutes Page 4 April 1, 2013
ITEM CA-7
2. Site Plan Review and Level 2 Tailored Construction Mitigation Plan. File No.
PL-12-027 and CMP-12-014. 321 82nd Ave NE. Proposal: Construct a 13,377
square-foot single-family house with attached garage, exercise pavilion and
associated site improvements. (7:23 PM)
Chair Nunn announced that the Appearance of FairnessDoctrine applied and asked
the commissioners if they had any disclosures. Therewere no disclosures and there
were no challenges to the participationofanyPlanningCommissionmembers in the
hearing.
The oath was administered to Planning Consultant Jenny Ngo. Ngo entered into the
record two additional exhibits. One was a comment letter received the previous week
and the otherexhibitwaselevationdrawingswhich had not been included in the
packet.
Ngo provided a brief presentation on the staff report. She testifiedthat the
applicationmeets the site plan review and zoningrequirements and thatstaff
recommendedapproval.
Ngo explained that the auto courtstructure is within setback areas, but that it met the
requirement for necessary access and therefore was allowed. Shealso explained
that there is a reviewcriterionregarding privacy and stated that theauto court impact
on the neighbor's privacy would be negligible due to existingmaturevegetation,
whichprovided screening fromthe neighboring property.
Ngo noted that the City received three written comment letters. One was from Karen
Walter of the Muckleshoot Tribe andnoted that the tribe's concernsabout the project
had been addressed. Another comment letter from Loren & Sally Cole regarded
trees, landscaping and view protection. Ngo testifiedthat the proposal does meet the
zoning height requirements and that the code does not addressview protection.
There was concern that the drainage might be a natural stream, but it was
determinedthatwas notthecase and that the setbacks from the areawere
appropriate. The lastletter commented on the placement and height of residential
buildings and work hours.
The oath wasadministered to Ann Adams of Stuart Silk Architects, representing the
applicant. Adams stated that the construction period for theproject would be twenty-
two months.
The oath was administered to Erik Toth of Toth Construction. Tothshared that the
maximum number of constructionvehicles on thesite at any time is estimated tobe
between fourteen and sixteen and that the site can accommodate all of those
vehicles.
The oath was administered to Jean Cutter, the City's CMP Consultant. Cutter
testified that the project triggered a Level 2 CMP due to the construction cost of $2.4
million. She stated that sixteen construction parking spaces are provided on the site
and thatthere is adequate space for staging, storage and turnaround. A six-foot
construction fence will be erectedaround the property to shield the site and there will
Special Planning Commission Minutes Page 5 April 1, 2013
ITEM CA-7
be no work in the public right-of-way. A truck route was submittedutilizingthe
collector and arterial roads and avoiding school zones. Construction hours begin at
7:00 AM Monday through Friday and 8:00 AM on Saturdays. Work will end no later
than 7:00 PM Monday through Friday and 5:00 PM on Saturdays. These hours
matchtheCity's approvedconstruction hours.
Cutter went on to say that the comment letter from Loren & Sally Cole stated that the
existing trees were obstructing their views of Lake Washington and that some of the
existing trees will be removed as part of the construction activity. Cutter concluded
thatstaff was recommending approval of the CMPwith theeight conditions listed in
the staff report.
Discussion followed.
Nunn expressed concern with the fact that 82nd Avenue NE is a narrow road and
situated on a curveclose to Medina Elementary. It is directly on the walking path for
a number of childrengoing to and from school, aswell as two five-year-oldswho live
right as you enter the road. She suggested that schoolhours be taken into
consideration as well as extra caution on the road for the number of children who live
there. May responded that he believed that Condition 11 addressed thoseconcerns.
Toth shared that they had anticipated that issue on a couple of levels. In Medina, he
said, they use a "neighborhood network" chain which utilizes emails, texts, & cell
phones to notify neighbors of the schedule in advance on a weekly basis. He also
stated that they are prepared to stage flaggers at thesharp turn at theintersection of
82nd and Overlake Drive.
MOTION MAY / SECOND WANG TO APPROVE SITE PLAN REVIEW PL-12-027
AND TAILORED CONSTRUCTIONMITIGATION PLAN CMP-12-014 SUBJECT TO
THE CONDITIONSSET FORTH IN THE STAFFREPORT, ADDINGA CONDITION
THAT ITEM 10 BE RE-PHRASED TO INCLUDE A RESTRICTION TO BOTH TILE
AND STONE CUTTING. APPROVED 4 - 0 (7.43 PM)
OTHER BUSINESS (7.44 PM)
1) Comprehensive Zoning Code Update— Draft Code Amendments (7:44 PM)
The commissioners agreed to proceedwith this discussion with a question and
answer period, and asked Grumbach to address the comments from Mr. Hotes.
Grumbachresponded that withmostzoning changes, there are someproperties that
will benefit and some that will not. He explained that there are manysmall R-20and
R-30 properties that will benefit from the change to a 10-foot side setback while large
R-16 lots will see the side setbacks become morerestrictive with the 15% lot width
standard. Mr. Hotes would have the more restrictive side setbacks on his R-16 lot.
The commissioners discussed concerns with creating nonconformity. Grumbach
explained that there is already quite a lot of nonconformity in the community as a
result of the codes becoming more restrictive over the years, but if the
Special Planning Commission Minutes Page 6 April 1, 2013
ITEM CA-7
commissionerswished, they couldchoose to go back to the current approach of
having setbacks that are zone-based. There wasdiscussion on whether to move
forward with the current proposal and Grumbach noted that if the Planning
Commissionholds a public hearing it is not necessary for them to take action on the
same night.
Nunn suggested that, to catch their attention, it might be a good idea to highlight for
the public the items thatare changing and advocated puttingthe informationout in
another format. May responded that he thought it advisable as they go into the
public hearing to have a one to twopage summary of the key areas that are tobe
changed and to highlight that the main intent of thechanges is to simplifythe
language and movethe regulations into one place in the code.
The consensuswas to move forward with scheduling the public hearing for theApril
23rd
meeting with the understanding that they could still make changes to the
document before or after the hearing.
There was further discussion on putting the word out prior to the public hearing. It
wasagreed that Grumbachwould compose a staff reportoutlining the keychanges
and make it available asmuch in advance of the meeting as possible.
2. Permits and Approvals— DraftCode Amendments (8.07 PM)
Discussionwaspostponed on this item.
ADJOURNMENT
MOTION MAY/ SECOND WANG TO ADJOURN THE APRIL 1, 2013, SPECIAL
PLANNING COMMISSION MEETING. APPROVED 4 - 0. (8:13 PM)
The next Planning Commission meeting is scheduled for Tuesday, April 23, 2013, at
6:00 PM.
Minutes taken by:
K"" 0" G
Donna Goodman
DevelopmentServices Coordinator
Special Planning CommissionMinutes Page 7 April 1, 2013
ITEM CA-7
CITY OF MEDINA
Planning Commission Meeting
April 23, 2013 Medina City Hall Council Chambers
6:00 p.m. 501 Evergreen Point Road
CALL TO ORDER
The Planning Commission meeting of April 23, 2013, was called to order at 6:01 PM
by Chair Nunn.
ROLL CALL
Present: Chair Heija Nunn, Jennifer Garone, Peter May, Alex Morcos,
Randy Reeves and Ching-Pi Wang
Absent: Peter Papano (excused)
Staff Present: Robert Grumbach, Development ServicesDirector
Donna Goodman, DevelopmentServices Coordinator
ANNOUNCEMENTS
Nunn welcomed new commissionersJennifer Garone and Randy Reeves to the
commission and asked all of the commissioners and staff to introduce themselves.
Grumbach made the following announcements:
The City Council held a study session the previous night. One of the
discussion items was the possibility of reducing the membership of the
Planning Commission and ParkBoard from seven to five. The consensus of
the council was to leave the membership at seven, but to possiblychange the
code regarding what constitutes a quorum when there are vacant positions.
A second item discussed at the councilstudysession wastheCity's receiptof
comments from the Northwest RegionalOffice of the Department of Ecology
on the proposed Shoreline Master Program. Grumbach informed the
commissionersthat Ecology's comments are available on the city's website.
He noted that the regionaloffice mayrevise some of their comments after
discussingthem withthe City and will forward their final comments to Olympia
wherereview and a final decision will be issued.
AUDIENCE PARTICIPATION (6:10 PM)
Sheree Wen addressed the commission regardingthetreecode as it relates to
residents' safety due to the danger of earthquakes, lightening and the way the code
addresses hazardous trees.
ITEM CA-8
Grumbachreminded the commissionersthatthey may be looking at these issues if
the council gives direction todo so under phase two review of the tree code review.
Arthur Dietrichasked if the Cityknowshow many propertyowners will be negatively
affected by the proposedcodeupdate and testified that he was negatively affected
last timethere was a code update.
There were no furthercomments from the audience.
PUBLIC HEARING —LEGISLATIVE: (6:16 PM)
1) Comprehensive Zoning Code Update Code Amendment: Planning
Commission recommendation to repeal Title 17 (Zoning) and Chapters 14.08
Administrative Review of Applications) and 14.12 (SitePlan Review) and adopt
new chaptersto create a Unified Development Code.
Grumbach began by making a presentationreviewing the timeline of events
associated with the zoning code update. He highlighted the main goals of the update
and noted that thezoning regulations had been amendedmany timesover the years
which resulted in lack of clarity. He added that the intent of the update was to
minimize majorchanges to the regulations, except as they pertained to the main
goals.
Grumbach summarized the public process and gave an overview of thepublic
noticing that had been conducted, includingpostcardmailings and a website which
had been created specifically to provideinformationregarding the proposed changes.
He added that the proposed document is available on the City's website. Grumbach
went on to summarize the changesthat are being proposed.
Morcos asked about how the changes would affect nonconformity. Grumbach noted
that the affect would depend on the specifics of individual lots. Chair Nunn added
that people will experience the setbacks and the lot area based on their lot size. She
clarified that net lot area comes into play only when new lotsare created.
Grumbach noted that the change regarding netlotarea was proposed so that all
properties would be treated uniformly. He elaborated on the impact of changing from
gross lot area to net lot area by explaining that it affects properties being divided. He
also noted that the current lot area would continue to be used forstandards like
structural coverage and for determining setbacks. He addressed the bulk
development standards and the structural coverage / height relationship,
emphasizing that this does not change what we have today. The purpose of the
changes was to make it easier for new applicants to understand the methodology.
Grumbachfinished by elaborating on the tables and diagrams for height and he
briefed the commissioners on the other changesthat had been made.
Chair Nunn opened the public hearing. (7:08 PM)
RogerPearce, Foster Pepper PLLC, testified that he representedGregoryWhitten.
Pearce said it would be very helpful if the document could showwhere changes were
Planning Commission Minutes Page 2 April 23, 2013
ITEM CA-8
made. He expressed concern that some fairly significant substantive changes had
been made that the community may not be aware of and that the impactsmight not
have been carefully looked at, especially on sloped lots like his client's. He said they
were particularly concerned with the new regulations to nonconformingstructures.
Pearce went on to say that limiting religious facilities may create a legal problem. In
terms of originalgrade, he testified that this is truly unique to Medina and that it is
very difficult to determine. He encouragedthePlanning Commission in the future to
do something similar to what other jurisdictions are doing for measuring height.
Pearce continuedthat the more outreach that is done the better and that the result
would be fewer surprisedcitizens.
Garone stated that she had requestedfrom staff that a chart be made that showed
theexisting code, theproposed language, why a change is being made, and the
potential benefits and negative impacts of the changes. Grumbach responded that
this hasbeenpart of the discussionsover the years and that the staff report does
identify themajor issues.
Garone voiced concern that it is very challenging for people such as herself, who do
nothave the benefitof the years of discussion, to identify thechanges and reasons
for the changes.
Newell Bossart testified that heis a 45-yearresident of Medina and urged the
commission to thinkabout who theyrepresent rather than the special interest groups
who have monetary interests.
Gregory Whitten testified that he has owned property in Medina since 1990, and lived
in Medina from 1990 to 2008. He stated that figuring out what could be done to
remodel his property has been challenging. He went on to say that he had not yet
had a chance to carefully review the proposed code changes, but that his initial
review was confusing. He felt that the changes in the height standards will have an
impact on a number of properties. He asked how you determine original grade on
the lake bottom. He also felt that site plan review is a subjective process. He
commented that the religious facilities sectionmay be a problem due to the latest
Supreme Court decisionrelative to such uses and recommendedthat this receive
legal review. Whitten also stated that it was difficult to tell what was being changed
from theexisting and that a bettercross-referencewould be helpful.
Chair Nunn asked Whitten what would havebeen an appropriate way to engage the
public in the process.
May clarified that Whitten was speakingabout the draft Planning Commission
recommendation with the black-lines, which is different from the Unified Development
Code being discussed. The draft recommendationcontains legal language for an
ordinance and will necessarily be somewhat confusing. He said that you cannot
easily understand the black-lined document unless you see the basic document. He
suggestedthat the summary Grumbachwrote describes all of the changesthat have
been made in a clear format.
Planning Commission Minutes Page 3 April 23, 2013
ITEM CA-8
Grumbachexplainedthat "Attachment A" is the heart of the zoning code update and
that it wasmade available on theCity website when the postcardnotices were
mailed. The draft of what the legal document (recommendation) wouldlook like was
first presented at the April meeting. He added that the underline / strikethrough in the
first 21 pages of the Planning Commission recommendation was to provide
consistency with "Attachment A." "Attachment A" is the documentthat has been
worked on over thelast couple of years.
Garoneexpressed concernsabout nothaving had time to go through all of the
materials as a new member on the commission.
Further discussionoccurred between the commissioners.
Merle Bossarttestified that she had talked to Grumbach to learn about the proposed
changes. She expressed her support for removing driveways (private lanes) from
being included in the calculation for short-platting and to determine the size of house
that could be built on the lots. Bossart pointed out that fiveyears ago she testified
against allowing driveways to be included (in the calculations). She commented that
the citizens are asking for less density and hoped the regulation will be repealed.
She said that the new development on Evergreen Point Road has made it clear that
this currently allowed development that includestheprivate lane is not consistent
with the character of the community. Shesuggestedthatexcluding theprivate lane
should be expanded to include the determination of house size. Finally, she said if
thecommissionchooses to leavethe regulations as a gross calculation instead of
net, then the City should stipulate that it be an environmentally ("green") built home.
Chair Nunn said she was playing devil's advocate, asking why someone with a
private lane across their property should not be able tobuild the same as a person
without a privatelane.
MariettePatterson testified about a notice of applicationfor the constructionoccurring
next door to her and that it was not consistent with what is really there. She
discussed the issues she had with that project. Patterson also testifiedregarding
property owners on 78th Ave NE who leave their garbage cansout on the road year
after year.
Chair Nunn suggested the issue with garbage cans could be brought to theCity
Council and that they could do something about it.
Sheree Wen testified that a table would be very helpful in understanding thecode
amendment.
There were no further comments and Chair Nunn called for a brief break. (7:50 PM)
Chair Nunn called the meeting back into session. (7:56 PM)
May suggested Grumbach provide responses to the comments that had been
received during the public hearing. Chair Nunn agreed.
Planning Commission Minutes Page 4 April 23, 2013
ITEM CA-8
Grumbachresponded to Pearce's comments by stipulating that there was no change
related to height.. He said that the changes are to the methodology of how height is
measured, which is being done to bring better clarity. He alsoexplained that
currently werely on policies and interpretations for methods on measuring height and
the changes will bring., greater consistency and predictability for applicants.
Regardingthe three-acre religious site requirement, Grumbach respondedthat this
was already in the code and that the City's attorneys had reviewed the document and
had notraised any concerns.
As to the concerns about height and nonconformity, Grumbach noted that the
Whittenproject prompted thischange with their proposed second floor addition to a
nonconforming structure that exceeds structural coverage. Grumbach explained that
their addition will be to the maximumheight allowed in the zone, which is normally
reserved for structures with less structural coverage. He said that prior to 2010 this
would not have been allowed, butthe 2010 changes to the nonconforming
regulations allowedthem to have a structure larger than everyone else because it is
nonconforming. This was an unintended consequence of the ordinance. Grumbach
explained that the proposed code change will require that in thesesituations a
homeowner would be required to follow the height standard of the "short and fat"
model versus the "tall and skinny" model for height / structuralcoverage standards.
The changeresults in treating properties that exceed themaximum structural
coverage similar to other housesunderthe "short and fat" model that mustmeetthe
lower height standard of 25 /28 feet.
Discussion followed on whether to re-open this issue for further deliberation. The
consensuswas not to do so.
Reevesaskedhow many subdivide-able lotswill be impacted by the netlotprovision.
Grumbach responded that he wasn't sure, but at least 40 percentof existing
properties are substandard. He explained that most of thelarge properties that are
subdivide-able have large homes that would have to be demolished first in order to
meet zoning requirements, and that was unlikely to occur.
Morcosaskedhow the lot area regulations in Medina compare to other jurisdictions.
Grumbachclarified that it is not driveways that are at issue in calculating lot area, but
private lanes. He explainedthat, in his experience, most jurisdictions use net lot area
rather than gross lot area whendividing property in order to avoid theoutcome of
greater density than was intended. Therewas further discussion on this issue.
Reeves asked about the methodology of using originalgrade to measure height and
Grumbach described the history of this in Medina. He explained that originalgrade
has been in the codesince the1970s, but clarification of how to determine original
grade did not occur until 10 -15 years ago when a formal interpretation was made.
The current building official refinedthe interpretation several years ago and that is
what we are using today. He explained thatestablishing original grade usesthebest
judgment of a professional so it has some defensibility to it.
Planning Commission Minutes Page 5 April 23, 2013
ITEM CA-8
The commissioners discussed the possibility of changing original grade. Grumbach
suggested that ifthe commissioners wish to study this issue, they should place it on
thework program as a separate item so that the public can better understand any
changes.
May expressed his appreciation for the public testimony. He went onto comment
that the issues being raised are those that have been in the code for a long time and
are notpart of the changes currently being proposed. He also mentionedthat as far
as the process for publicoutreach, theCity went through extensive outreach on this.
He also suggestedthatGrumbach's staff report did a good job of explainingwhat the
changes are and that it was not practical to do more. He also suggestedthat this is
not the last word on any of this and that he was in favor of making decisions and
moving forward.
Grumbachexplained that thenextstep would be for thePlanning Commission to
decide on a recommendation to the City Council. It would be up to thecouncil to
decide how theywould proceed once they receive the Planning Commission's
recommendation, but another public hearing would be recommended to be
scheduled.
Discussion took place on how to proceed and how to make sure the public
understands the changes. Grumbachoffered to create a document that linkedthe
analysis directly with the language in the draft. There wasadditionaldiscussion
about outreach and making sure documents are accessible to the public.
MOTION MAY TO FORWARD THE MEDINA PLANNING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL AS DRAFTED. (9:12 PM)
Garone stated that she had not had an opportunity to comment and had a list of
questions, which she summarized. Garone went onto say that she did not feel
prepared to vote "yay" in moving this on to the council, but understood if the other
commissionerswere ready to voteyes.
SECONDREEVES TO THE MOTION ON THE TABLE TO FORWARD THE
MEDINAPLANNING COMMISSION RECOMMENDATION AS DRAFTED TO THE
CITYCOUNCIL. (9:14 PM)
Chair Nunn polled each of the Commissioners for further discussion on the motion.
May stated his support in moving the recommendation forward. Reeves and Wang
agreed with moving the recommendation forward.
Chair Nunn expressed a desire to reach out one more time to thepublic in an effort to
engage the average citizen. This could be either a secondpublic hearing or a
document that would highlight the most significant details which would be
communicated to the public in the next postcard as well as featured on the front page
of the website. In addition, Chair Nunn stated that she wished to include in the
forward to the recommendation to the council specificlanguage that it would be
Planning Commission Minutes Page 6 April 23, 2013
ITEM CA-8
important to thePlanning Commission to see a significant effort by thecouncil to
obtain additional public feedback as they consider adopting the changes.
Grumbach suggested that it would be preferable to have the public outreach as a
second motion. Chair Nunn disagreed with this suggestion, which prompted further
discussion.
Grumbachagreed that he wouldtake the Planning Commissionrecommendation and
add in the staff comments and detail and, if Morcoswished to help as he had
suggested, they would rework a summary as well. These would be posted on the
City's website for public review.
MOTION NUNN TOAMENDTHE MOTION ON THE TABLE TO ADD CLARIFYING
LANGUAGE ABOUT THEDOCUMENTSTHAT GRUMBACH AND MORCOS WILL
PREPARE AND A SUGGESTION TO THE COUNCILTHAT ADDITIONAL
SOLICITATION OF PUBLIC FEEDBACK IN ADVANCE OF THEIR PUBLIC
HEARING MIGHT BE BENEFICIAL TO THE PROCESS. MOTION DIEDFOR LACK
OF A SECOND. (9:28 PM)
ORIGINAL MOTION BY MAY / REEVES TO FORWARD THEMEDINA PLANNING
COMMISSION RECOMMENDATION AS DRAFTED TO THECITY COUNCIL
APPROVED 4— 2. (GARONE & NUNN OPPOSED). (9:28PM)
ADJOURNMENT
MOTION MAY/ SECOND NUNN TO ADJOURN THE APRIL 23, 2013, PLANNING
COMMISSION MEETING. APPROVED 6 - 0. (9:28 PM)
The next Planning Commissionmeeting is scheduled forTuesday, May 28, 2013, at
6:00 PM.
Minutestaken by:
Donna Goodman
DevelopmentServices Coordinator
Planning Commission Minutes Page 7 April 23, 2013
ITEM CA-8
CITY OF MEDINA
CIVIL SERVICE COMMISSION MEETING
Minutes of the Civil Service Commission meeting held at Medina City Hall on February
21 ,2013 .
Attendance: Chairman Pete Jorgensen
Vice-Chair Tony Shapiro
Commissioner Roger Ngouenet
Civil Service Commission Special Counsel Steve DiJulio
Caroll Palmer Wedlund , Secretary/Chief Examiner
William J. Murphy, attorney for Roger Skinner (via teleconference)
Greg A. Rubstello , attorney for City of Medina (via teleconference)
Audience: Marianne Jones , attorney for Jeffrey Chen
Heija Nunn
Chair Jorgensen called the meeting to order at 6 :20 p.m.
STATUS/SCHEDULING CONFERENCE REGARDING IMPLEMENTATION OF
REMEDY PHASE FOR SKINNER VS. MEDINA
Mr. DiJulio noted the Commission had retained jurisdiction to address the remedy
phase for Skinner vs . Medina . Counsel for both sides presented their positions
regarding the requested documents. Mr. Murphy cautioned both the City and the
Commission needed "to be very careful regarding the ADA" (Americans with Disabilities
Act). Mr. DiJulio explained this issue did not need to be discussed with the
Commission , but rather, between counsel for both parties . Following discussion , the
Commission voted unanimously that Mr. DiJulio be designated as their Hearing Officer
or Arbitrator to resolve disputes regarding production and other requests for discovery in
this matter. Mr. DiJulio was also authorized to compel discovery as may be necessary
to move the remedy phase forward to conclusion before the Commission , if necessary .
However, any ruling by Mr. DiJulio would be subject to appeal to the Commission .
Further, the Commission would enter an order based upon what it had heard from the
parties during tonight's meeting . Both parties would participate in a status
teleconference without Commission participation toward the end of March 2013 , with
Mr. DiJulio serving as the Commission 's magistrate . The Commission also established
that an evidentiary hearing would be held toward the th ird or fourth week of April 2013 ,
depending upon the progress of both parties in resolution of the issues involved. Mr.
DiJulio advised counsel for both parties that they were now in a position to begin an
exchange of documents .
1
ITEM CA-9
HEARING FOR PLAINTIFF'S APPLICATION AND AFFIDAVIT FOR WRIT OF
REVIEW IN RE SKINNER VS. MEDINA. 13-2-05722-1
Mr. DiJulio announced the Commission's action was subject to the above-referenced
Writ application. However, as counsel to the Commission, Mr. DiJulio offered to inform
the court neither he nor the Commission would appear at the above scheduled hearing.
Therefore, the Court could schedule matters without consideration of either his or the
Commission 's availability. By consensus, the Commission agreed with Mr. DiJulio's
suggestion .
APPROVAL OF JANUARY 29. 2013 MINUTES
Vice-Chair Shapiro moved, seconded by Commissioner Ngouenet, for approval of the
January 29, 2013 minutes, and the motion was unanimously approved .
ADJOURNMENT
There being no further business, Vice Chair Shapiro moved, seconded by
Commissioner Ngouenet for adjournment, and the meeting was adjourned by
unanimous consensus at 6:46 p.m .
c?ev-zd?Q Pcd'iliVA :ti)d&~
Carol! Palmer Wedlund
Secretary/Chief Examiner
2
ITEM CA-9
CITY OF MEDINA
Park Board Meeting Minutes
April 15, 2013 Council Chambers
Medina City Hall
Park Board Minutes Page 1 April 15, 2013
CALL TO ORDER
Chair Adam called the April 15, 2013 Park Board meeting to order at 6:01 pm.
ROLL CALL
Present: Miles Adam, Gabriele Dickmann, Marelaine Dykes, Susan Loren-Taylor
Absent: Susan Flagg
Staff Present: Joe Willis, Director of Public Works;
Pam Greytak, Admin. Assistant/Deputy City Clerk
ANNOUNCEMENTS (6:02 pm)
Willis and Greytak provided information regarding park board vacancies: 1) to date, one
application had been received 2) personnel committee evaluates applications and interviews
candidates 3) city clerk schedules interviews
APPROVAL OF MINUTES
PUBLIC COMMENT (6:03 pm)
No public comment.
OTHER BUSINESS
Easter Egg Hunt & Arbor Day Tree Planting (6:04 pm)
Adam congratulated Dykes on organizing another successful Easter egg hunt. Dykes reported
on the event: 130-150 children participated; parents were asked to limit kids to 12 eggs each;
and there were sufficient volunteers on hand including two high school students.
Willis reported that the crew planted a crabapple tree in Medina Beach Park in honor of Arbor
Day. Dickmann recommended promoting the city’s annual tree planting event more aggressively
in the future due to low attendance.
Adam suggested installing descriptive placards alongside all Arbor Day trees including those that
were planted in years past.
Park Board Tour of Parks (6:09 pm)
Adam explained the logistics of the parks tour that will be held following the May 20th Park Board
meeting.
MOTION DICKMANN/SECOND LOREN-TAYLOR TO APPROVE THE MARCH 18, 2013
PARK BOARD MEETING MINUTES AS WRITTEN. MOTION PASSED UNANIMOUSLY AT
6:03 PM.
ITEM CA-10
Park Board Meeting Minutes Page 2 April 15, 2013
Medina Park Picnic Shelter (6:11 pm)
Willis reported that when the city council approved the picnic shelter at their last meeting, they
also inquired about the possibility of covering the posts with brick or stone. Willis said he would
get an estimate from the vendor and determine if the additional cost was within budget. Willis
also established that the objective is for the shelter to be installed prior to Medina Days.
NEW BUSINESS (6:14 pm)
Willis reported that two “duck crossing” signs were ordered and would be installed near St.
Thomas Church on NE 12th Street.
Willis and the board discussed a resident’s inquiry regarding the possibility of the park board
supporting a program involving volunteers picking up litter in Medina. As an alternative, the board
opted to consider sponsoring a Medina parks and open spaces clean-up day. Adam suggested
adding the “clean-up day” topic to the May meeting agenda.
Board members expressed that they liked the new Medina entry signs.
PARK REPORTS (6:26 pm)
Loren-Taylor stated that the View Point Park sign had been defaced.
Loren-Taylor reported on Medina Park: pleased that the restrooms are always clean, asked
status of removing a donated statue, and appreciated the new fence around the public works
shop but misses the clematis. She also expressed concern over twice witnessing a man
dropping off his dog in Medina Park then waiting in his car while it ran around.
Dykes recounted an experience she had in Medina Park where it was evident that park users are
diligently on the lookout for dog owners that fail to clean up after their pets.
Dickmann stated that the recently planted camellias look great.
Adam stated that the bench and picnic table at the top of View Point Park are in very poor
condition and the hedge still needs trimmed.
Adam spoke about the previous practice of the annual budget including $50,000 in discretionary
funds for parks use.
Flagg’s report via email: People were playing tennis and Frisbee in Fairweather Park. There are
many weeds on one side of Indian Trail. There are goose/duck droppings on the dock at Lake
Lane dock.
Dykes stated that she received an email from someone asking about the possibility of a local arts
specialist supervising the transfer of Windsong to the picnic shelter. Willis indicated that
relocating Windsong would be manageable for the crew and the only siting option is to suspend it
from the center beam under the raised portion of the shelter.
MOTION LOREN-TAYLOR/SECOND DYKES TO RECOMMEND THAT ADAM
REPRESENT THE PARK BOARD DURING PARKS BUDGET PLANNING. 6:33 PM.
ITEM CA-10
Park Board Meeting Minutes Page 3 April 15, 2013
ADJOURNMENT
Meeting adjourned at 6:38 pm.
The next Park Board regular meeting will be held on Monday, May 20, 2013, at 6:00 pm.
Minutes taken by:
Pamela Greytak, CMC
Administrative Assistant/Deputy Clerk
ITEM CA-10
Medina City Council Regular Meeting ITEM PH-1/ OB-1
Monday, June 10, 2013
AGENDA BILL
Subject:
Ordinance Repealing Certain Chapters of the Zoning Code and Title 14,
and Adopting New Chapters in the Unified Development Code
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Robert J. Grumbach, AICP, Director of Development Services
Summary: At the May 13 council meeting, the City Council received the Planning Commission’s
recommendation on the comprehensive update of the Medina Zoning Code. A staff report and
supplement staff report were included with the recommendation.
The proposal represents the first comprehensive revision of the zoning code since adoption in
1955. The proposal also consolidates and clarifies the requirements for various permits from
the City. The Planning Commission’s recommendations were guided by the Zoning and
Permitting study prepared in 2009. During the Planning Commission’s public hearing, several
people provided testimony with comments varying from concerns about the setbacks, to the
changes on nonconformity, to concerns about lot area.
It is worth noting that the following were incorporated into the ordinance that differ from the
Planning Commission recommendation:
Chapter 17.38 (Shoreline Setbacks) and Chapter 17.88 (Waterfront Structures) are
retained. These will be repealed and replaced when the shoreline master program goes
into effect.
Language was added to clarify the Medina Heights Overlay is retained. (The map for
this is embedded in Chapter 17.21. The new language will be repealed once a new
updated Official Zoning Map is adopted that will include the overlay.)
The City Attorney added clarifying language to IFC Section 503 relating to Fire
Apparatus Access Roads.
Numerous edits were made making corrections to references, grammar, and
punctuations.
The ordinance also authorizes the City Clerk or designee and the code reviser to make
necessary corrections to the ordinance regarding references, punctuations and similar minor
fixes that are likely to be found when Code Publishing prepares the code for publishing.
Finally, the ordinance authorizes an effective date of August 1, 2013. This is to give staff and
the public time to prepare for the changes.
Attachment(s):
Ordinance
Budget/Fiscal Impact: None
Staff Recommendation: Approve
City Manager Approval:
Proposed Council Motion: Move to Approve an Ordinance of the Medina Municipal
Code Repealing Certain Chapters of the Zoning Code and
Title 14, and Adopting New Chapters in the Unified
Development Code
ITEM PH-1/ OB-1
Page 1 of 116
Ordinance No. ____ 1
2
CITY OF MEDINA3
4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, 5
WASHINGTON REPEALING CERTAIN CHAPTERS OF TITLE 17 (ZONING) OF6
THE MEDINA MUNCIPAL CODE (MMC); REPEALING CHAPTERS 14.087
ADMINISTRATIVE REVIEW OF APPLICATIONS) AND 14.12 MMC (SITE PLAN8
REVIEW); AMENDING THE UNIFIED DEVELOPENT CODE IN TITLE 20 OF THE9
MMC BY ADOPTING NEW CHAPTERS 20.10 – 20.37, 20.70-.72, AND 20.90-.91; 10
AMENDING OTHER SECTIONS OF THE MEDINA MUNICIPAL CODE FOR11
CONSISTENCY WITH THE UNIFIED DEVELOPMENT CODE; PROVIDING FOR12
SEVERABILITY AND AN EFFECTIVE DATE13
14
WHEREAS, the City of Medina is classified as a non-charter code City under title15
35A RCW; and16
17
WHEREAS, the city council adopted zoning regulations by Ordinance No. 16, on18
December 5, 1955, and last amended by Ordinance No. 873 adopted on June 13, 2011; and19
20
WHEREAS, the city performed a comprehensive review of its zoning and permitting21
regulations that was summarized in a Permitting and Zoning Study; and22
23
WHEREAS, the Permitting and Zoning Study was presented to the city council at a24
meeting on June 29, 2009, with the following goals stated in the study: 25
26
1. Create a user-friendly code that is more easily understood by people who are not27
land use professionals; 28
29
2. Maintain consistency with state and federal law, including consistency with30
Medina’s comprehensive plan; 31
32
3. Clarify confusing and ambiguous language, and correct conflicting regulations; 33
34
4. Eliminate redundancy whenever possible; 35
36
5. Maintain flexibility to address individual circumstances by better defined37
discretionary decision-making authority; 38
39
6. Include clear intent language and performance standards; 40
41
7. Ensure permitting processes include meaningful opportunities for public input as42
appropriate; and43
44
8. Look for opportunities to streamline permit processes to achieve better45
efficiencies by reducing time, cost and effort while protecting neighboring46
property owners and the preservation of community character. 47
48
WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, 49
the City Council has adopted the City of Medina Comprehensive Plan, as amended by50
Ordinance 783, passed March 14, 2005; and51
52
ITEM PH-1/ OB-1
Page 2 of 116
WHEREAS, the City is a developed community that consists almost exclusively of1
detached single-family homes on individual lots, and Goal LU-G1 of the Medina2
Comprehensive Plan provides that the City’s first land use planning goal is: “To maintain3
Medina’s high-quality residential setting and character; and4
5
WHEREAS, Land Use Policy LU-P1 provides that the city shall minimize changes to6
existing zoning and land use patterns except as necessary to meet land use goals, such as7
maintaining Medina’s high-quality residential setting and character, when deemed8
necessary by its citizens; and9
10
WHEREAS, the city council desires to update the city’s development regulations11
consistent with the 2009 Permitting and Zoning Study and the comprehensive plan; and12
13
WHEREAS, the “Unified Development Code” format creates a more user-friendly14
development regulations consistent with the goals of the 2009 Permitting and Zoning study; 15
and16
17
WHEREAS, the city desires to restructure the city’s development regulations into a18
Unified Development Code” to focus on creating a more logical and streamlined grouping of19
like provisions and remove duplicative, conflicting or ambiguous regulations; and20
21
WHEREAS, the city council has adopted Ordinances Nos 852, 854, and 85522
consistent with a “Unified Development Code” grouping like provisions for project-permit23
review procedures, legislative review procedures, building codes, and subdivisions; and24
25
WHEREAS, the substantive changes to the zoning code contained within this26
ordinance focus on clarifying and simplifying regulations consistent with the goals set forth in27
the 2009 permitting and zoning study; and28
29
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was30
transmitted to the Washington State Department of Commerce on March 27, 2013; and31
32
WHEREAS, after providing notice, the Planning Commission held a public hearing33
on April 23, 2013, to receive public testimony concerning the proposed code amendment34
and voted to forward a recommendation to the City Council; and35
36
WHEREAS, the City Council held a public hearing on June 10, 2013, to receive37
public testimony concerning the proposed code amendment; and38
39
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of40
Non-significance (DNS) for the proposed code amendment was issued on April 4, 2013, 41
pursuant to WAC 197-11-340(2); 42
43
WHEREAS, the City Council makes the following findings of fact in support of its44
decision: 45
46
A. A SEPA threshold Determination of Nonsignificance was issued April 4, 2013. 47
48
B. The City provided appropriate opportunity for the public to participate in the49
planning process. The Planning Commission held 10 public meeting and a50
public hearing in developing their recommended amendments to the zoning51
ITEM PH-1/ OB-1
Page 3 of 116
regulations. The City Council, after receiving the Planning Commission’s1
recommendation, held a public hearing to receive public comments on the2
proposal. Public noticing was made to notify and solicit input from the public3
including posted notices on the City’s notice boards, sending electronic notices to4
interested parties, creating a website exclusive to the zoning code update and5
posting documents thereto, and mailing postcard notices to the entire community6
notifying them of the Planning Commission’s public hearing and the City’s7
website containing the proposal. 8
9
C. The City reviewed the proposed amendments for consistency with the Medina10
Comprehensive Plan. The goals and policies set forth in the comprehensive plan11
reflect a community that is built-out with very limited opportunities for growth and12
a character that is predominately low-density single-family residential13
development. The amendments to the zoning regulations are consistent with the14
goals and policies of the Medina Comprehensive Plan in that it preserves this15
character. 16
17
D. The proposed amendments bear a substantial relation to the public health, safety18
and welfare. The amendments further clarify existing regulations, which are19
based on the goals and policies of the comprehensive plan and Medina’s existing20
zoning regulations. 21
22
E. The proposed amendment advances the public interest of the community by23
making the regulations more complete and easier to follow with minimal changes24
to the substantive elements of the existing zoning regulations. A zoning and25
permitting study was prepared prior to development of amendments that was26
accepted by the City Council to serve as a guide in updating the zoning27
regulations. 28
29
and; 30
31
WHEREAS, given the findings of fact set forth immediately above, the criteria for32
amendment of the text of the City’s development regulations set forth in MMC Section33
20.81.080 are met; and34
35
WHEREAS, the Medina City Council desires to adopt the following amendments to36
the City’s development regulations: 37
38
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, 39
DO ORDAIN AS FOLLOWS: 40
41
Section 1. Repeal of Current Zoning Code. Chapters 17.04, 17.08, 17.12, 17.16, 42
17.20, 17.21, 17.24, 17.28, 17.32, 17.36, 17.40, 17.44, 17.48, 17.49, 17.50, 17.52, 17.56, 43
17.56A, 17.56B, 17.60, 17.64, 17.68, 17.72, 17.76, 17.80, 17.84, 17.90 and 17.94 of the44
Medina Municipal Code are hereby repealed in their entirety. 45
46
Section 2. Repeal of Administrative Review of Applications. Chapter 14.08 of47
the Medina Municipal Code is hereby repealed in its entirety. 48
49
Section 3. Repeal of Site Plan Review. Chapter 14.12 of the Medina Municipal50
Code is hereby repealed in its entirety. 51
ITEM PH-1/ OB-1
Page 4 of 116
1
Section 4. Adoption of New Zoning Code. A new Subtitle 20.1, 20.2, 20.3 and2
20.9 of the Medina Municipal Code and chapters thereto are hereby adopted as set forth in3
Attachment A” of this ordinance. 4
5
Section 5. Adoption of New Chapters on Permits and Approvals. A new6
Subtitle 20.7 of the Medina Municipal Code and chapters thereto are hereby adopted as set7
forth in “Attachment B” of this ordinance. 8
9
Section 6. Amend Section 1.15.030. Section 1.15.030 of the Medina Municipal10
Code is recommended to be amended to read: 11
12
This chapter applies to any violations of: 13
A. Title ((17)) 20 MMC, ((Zoning)) Unified Development Code; 14
B. Chapter 8.04 MMC, Nuisances; 15
C. Chapter 8.06 MMC, Noise; 16
D. Chapter 12.08 MMC, Construction in Streets; 17
E. Chapter 12.28 MMC, Tree Code; 18
F. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights-of-Way; 19
G. ((Chapter 14.12 MMC, Site Plan Review; 20
H.)) Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities; 21
I.)) H. Chapter 18.08 MMC, Shoreline Management Master Program; 22
J.)) I. Chapter 18.12 MMC, Critical Areas; 23
K. Chapter 20.40 MMC, Building Codes; 24
L. Chapter 20.44 MMC, Minimum Maintenance Standards for Vacant Residences and25
Abandoned Construction Sites;)) and26
M.)) J. Other Medina Municipal Code sections that make reference to this chapter27
28
Section 7. Repeal Section 2.78.065. Section 2.78.065 of the Medina Municipal29
Code is hereby repealed in its entirety. 30
31
Section 8. Amend Section 2.78.070. Section 2.78.070 of the Medina Municipal32
Code is hereby amended to read: 33
34
The hearing examiner shall have the following duties and responsibilities: 35
A. The hearing examiner shall conduct public hearings and make decisions or36
recommendations when authorized to do so under the Medina Municipal Code or by37
specific grant of authority from the city council; 38
B. In carrying out the duties, the hearing examiner shall review available information, 39
maintain an accurate record of the proceedings, determine findings of fact from the40
record, and form conclusions in support of recommendations or decisions; 41
C. The hearing examiner may also exercise administrative powers and such other quasi-42
judicial powers as may be granted by the city council. 43
44
The hearing examiner shall review and act on the following: 45
A. Appeals of administrative decisions/determinations, including but not limited to SEPA46
determinations, lot line adjustments, short subdivisions, administrative interpretations, 47
temporary noise variances, code enforcement and any other decisions affecting a48
landowner’s ability to develop property within the city: 49
B. Conditional use permits; 50
C. High bank density development permits; 51
ITEM PH-1/ OB-1
Page 5 of 116
D. Planned land use development permits; 1
E. Shoreline conditional use permits; 2
F. Shoreline variances; 3
G. Special use permits, except where reviewed administratively per MMC 14.08.020(B); 4
H. Substantial development permits; 5
I. Tree removal and pruning pursuant to Chapter 12.28 MMC; 6
J. Variances, except where reviewed administratively per MMC 14.08.020(A); 7
K. Historical use permits; 8
L. Technical and economic noise variances pursuant to Chapter 8.06 MMC; and9
M. Other matters as provided in the Medina Municipal Code and other ordinances.)) 10
11
Section 9. Repeal Section 2.78.110. Section 2.78.110 of the Medina Municipal12
Code is hereby repealed in its entirety. 13
14
Section 10. Amend Section 2.78.120. Section 2.78.120 of the Medina Municipal15
Code is hereby amended to read: 16
17
In addition to all other fees and costs required, each application for a permit which requires18
a hearing before the hearing examiner shall be assessed an additional fee ((of $1,000)) 19
established pursuant to MMC 20.14.040 to defer the expense of the hearing examiner. 20
21
Section 11. Repeal Section 2.78.130. Section 2.78.130 of the Medina Municipal22
Code is hereby repealed in its entirety. 23
24
Section 12. Amend Section 3.64.010. Section 3.64.010 of the Medina Municipal25
Code is hereby amended to read: 26
27
In addition to development fees established as set forth in Chapter ((17.44 MMC)) 20.1428
MMC, authority is delegated to the city manager to establish, increase or decrease fees for29
other services provided by the city, including but not limited to the following: accident and30
case reports; audio duplications; computer printouts; copies; hearing examiner hearings; 31
witness fees; jury service fees; municipal court fees; business license fees; franchise fees; 32
animal impound and license fees; registration of home security systems; fireworks licenses33
not to exceed the maximum amount set by state law, RCW 70.77.555); parking permits; 34
bicycle licenses; oversize vehicle permits; overweight vehicle permits; tracked, spiked, 35
cleated or lugged vehicle permits; construction vehicle parking permits; street excavation36
permits; street trench cut permits; right-of-way tree trimming or removal permits; permits for37
tree removal during new development or reconstruction; garage sale permits; blanket utility38
permits; appeals of administrative decisions; administrative variances and permits; 39
extension of building permits; renewal of building permits; burning permits; building moving40
permits; construction mitigation plans; accessory dwelling unit registration; special use41
permits; satellite receiving system permits; home occupation permits; adult family home42
permits; family day care permits; house trailer occupancy permits; sign permits; sign43
impound fees; waterfront construction fees; wireless communication facility permits; 44
environmental reviews (SEPA and shoreline); shoreline development permits; concealed45
weapon permits; requests for reconsideration; reroofing permits; clarification or modification46
of decisions; comprehensive plan amendments; Endangered Species Act review; 47
replacement permits; applications for variance renewal; amendments of zoning ordinances; 48
returned checks; rezones and amendments to the comprehensive plan. 49
50
ITEM PH-1/ OB-1
Page 6 of 116
Section 13. Amend Section 12.06.020. Section 12.06.020 of the Medina Municipal1
Code is hereby amended to read: 2
3
It shall be unlawful for any person to dig up, cut into, mar, deface, alter, break, excavate, 4
tunnel, undermine or in any manner break up any street or to make or cause to be made5
any excavation in or under the surface of any street any earth or other excavated material6
obstructing or tending to interfere with the free use of the street, unless such person shall7
first have obtained a right-of-way permit pursuant to ((Chapter 20.80 MMC)) MMC 20.70.0208
and the provisions of this chapter. 9
10
Section 14. Repeal Section 12.06.370. Section 12.06.370 of the Medina Municipal11
Code is hereby repealed in its entirety. 12
13
Section 15. Amend Section 12.08.010. Section 12.08.010 of the Medina Municipal14
Code is hereby amended to read: 15
16
A. It is unlawful to dig or cut into or mar, deface or alter any road or street right-of-way, 17
whether improved or unimproved, without first obtaining, and in compliance with the18
terms of, a right-of-way permit pursuant to ((Chapter 20.80 MMC)) MMC 20.70.020 and19
the provisions of this chapter. Additionally, the city engineer and/or the city manager or20
designee may require a right-of-way permit to use the city’s right-of-way when a21
construction or excavation activity is anticipated to negatively impact the city’s streets. 22
B. 1. No permit shall be issued unless the action proposed is reasonably necessary and is23
consistent with the comprehensive plan and the street design standards referenced24
therein. 25
2. All such permits shall require that adequate warning or protective structures, signs, 26
signals or devices will be maintained until the right-of-way is restored and that27
restoration will be accomplished in a reasonable time specified therein to a condition28
substantially equal to its prior condition, to the decided satisfaction of the city29
manager. 30
3. In the event of failure to restore the right-of-way as set forth above, the city shall31
have the right, but not the obligation, to restore the right-of-way to its prior condition32
and to charge all costs thereof to the applicant. A lien for such costs may be placed33
against any property of the applicant within the city and enforced as a mechanics’ 34
lien pursuant to the laws of the state. 35
C. Any permit issued under this section shall state the location of the proposed action, why36
it is necessary, whether or not warning or protective structures, signs, signals or devices37
shall be maintained, the time within which the road or street right-of-way must be38
restored, and the deposit or bond, if any, required to protect the city in its restoration. 39
D. Fees charged for issuance of right-of-way permits are specified in the fee schedule40
adopted pursuant to Chapter ((3.64 MMC)) 20.14 MMC and, where there is any cutting41
of the surfaced portion, a deposit or bond may be required in an amount sufficient to42
assure adequate and timely restoration. Upon such restoration, any deposit shall be43
returned or bond released; otherwise, the person authorized may withhold so much of44
the deposit as may be necessary to assure such restoration or instruct the city attorney45
to bring action against the permittee and/or his surety. 46
E. Any violation of this chapter shall be subject to the enforcement provisions and penalties47
set forth in Chapter 1.15 MMC. 48
49
50
ITEM PH-1/ OB-1
Page 7 of 116
Section 16. Amend Section 12.10.020. Section 12.10.020 of the Medina Municipal1
Code is hereby amended to read: 2
3
No person, corporation, firm, or organization shall move any building over, along or across a4
city right-of-way or property without first obtaining a building permit from the city as set forth5
in ((Chapter 20.40 MMC)) MMC 20.70.010. 6
7
Section 17. Repeal Section 12.10.090. Section 12.10.090 of the Medina Municipal8
Code is hereby repealed in its entirety. 9
10
Section 18. Amend Section 12.12.040. Section 12.12.040 of the Medina Municipal11
Code is hereby amended to read: 12
13
A. Any work affecting the location of its poles, pipes, conduits in, upon, or along city streets14
by or at the instance of a public utility as defined in this chapter, shall be done only upon15
approval of a right-of-way permit pursuant to MMC 12.70.020 ((showing approval by the16
street superintendent or other person to whom his authority may be delegated,)) and17
according to any applicable ordinances or resolutions of the city. 18
B. Such applications shall be accompanied by at least two maps to the same scale as the19
map required under MMC 12.12.030, if such is requested by the city and the permit shall20
be in addition to that required where cutting into the surface of, or altering, city streets is21
involved. 22
23
Section 19. Amend Section 12.28.035. Section 12.28.035 of the Medina Municipal24
Code is hereby amended to read: 25
26
A.)) When the provisions in MMC 12.28.030 apply to private property, an administrative27
tree removal permit is required pursuant to MMC 20.70.050, except as ((provided)) set28
forth in MMC 12.28.055. 29
B. Administrative tree removal permits are ((a Type 1 decision processed pursuant to30
Chapter 20.80 MMC and the criteria and conditions established in this chapter.)) 31
32
Section 20. Amend Section 12.28.055. Section 12.28.055 of the Medina Municipal33
Code is hereby amended to read: 34
35
A. A nonadministrative tree removal permit shall be required when removal of a significant36
tree from private property involves a tree having a 50-inch or greater DBH and the tree is37
not located within the new building footprint on properties undergoing development. 38
B. Nonadministrative tree removal permits are ((a Type 3 decision)) processed pursuant to39
Chapter 20.80)) MMC 20.72.100 and ((the following: 40
1. A))applications shall be submitted containing the information set forth in MMC41
12.28.160((; and42
2. The decision on the permit shall be based on the criteria set forth in MMC 12.28.180(A) 43
through (E))). 44
C. Removal of a significant tree from private property where such tree is a minimum of 50-45
inch DBH and is located within the new building footprint on properties undergoing46
development is allowed pursuant to the replacement provisions of MMC 12.28.060(C). 47
48
49
ITEM PH-1/ OB-1
Page 8 of 116
Section 21. Amend Section 12.28.170. Section 12.28.170 of the Medina Municipal1
Code is hereby amended to read: 2
3
A. When an application to remove, prune or trim a tree in the public right-of-way is provided4
by a property owner adjoining the subject right-of-way, the following shall apply: 5
1. The application shall be for an administrative right-of-way tree trimming/removal6
permit; 7
2. The application shall be processed ((as a Type 2 decision)) pursuant to ((Chapter8
20.80)) MMC 12.71.050((; and9
3. The decision on the permit shall be based on the criteria set forth in MMC10
12.28.180)). 11
B. When an application to remove, prune or trim a tree in the public right-of-way is provided12
by a property owner who is not adjoining the subject right-of-way, the following shall13
apply: 14
1. The application shall be for a nonadministrative right-of-way tree trimming/removal15
permit; 16
2. The application shall be processed ((as a Type 3 decision)) pursuant to ((Chapter17
20.80)) MMC 20.72.090((; and18
3. The decision on the permit shall be based on the criteria set forth in MMC19
12.28.180)). 20
21
Section 22. Amend Section 12.28.230. Section 12.28.230 of the Medina Municipal22
Code is hereby amended to read: 23
24
A. All tree trimming, pruning and/or removal in city rights-of-way to be accomplished by a25
public or private utility for any purpose shall not be performed without first obtaining a26
nonadministrative right-of-way tree trimming/removal permit pursuant to the process in27
Chapter 20.80)) MMC 20.72.090. 28
B. Prior to a hearing before the hearing examiner, the permit applicant shall submit a29
comprehensive work plan to the city manager or the city manager’s designee for review30
and concurrence. 31
C. A permit applicant’s work plan shall adhere to the provisions found in other applicable32
sections of Chapter 12.28 MMC as well as any special provisions as defined by the city33
manager or the city manager’s designee and consistent with the purpose statements in34
MMC 12.28.010. 35
36
Section 23. Amend Section 12.28.240. Section 12.28.240 of the Medina Municipal37
Code is hereby amended to read: 38
39
A. ((Any permit granted hereunder shall expire 18 months from the date of issuance or40
upon expiration of a corresponding building permit, whichever occurs later. Approved41
plans shall not be amended without authorization of the city manager or designee. The42
permit may be suspended or revoked by the city manager or designee or designated43
official due to incorrect information, supplied knowingly or otherwise, or any violation of44
the provisions of the Medina Municipal Code. 45
B.)) No work shall commence until a permit notice has been posted on the subject site at a46
conspicuous location. The notice shall remain posted until the project has been47
completed. 48
C.)) B. Applications for tree removal permits may be circulated to other city departments or49
state agencies for review and approval as is deemed necessary by the city landscape50
consultant. 51
ITEM PH-1/ OB-1
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D.)) C. An occupancy permit shall not be issued until all required landscaping is complete1
and approved by the city landscape consultant or the applicant deposits to the city a2
dollar amount calculated by the city, based on 150 percent of the estimated cost of3
landscaping and tree mitigation not complete at the time of inspection. This deposit shall4
be refunded at the completion of the required landscaping. 5
6
Section 24. Repeal Chapter 12.40. Chapter 12.40 of the Medina Municipal Code is7
hereby repealed in its entirety. 8
9
Section 25. Amend Section 15.20.050. Section 15.20.050 of the Medina Municipal10
Code is hereby amended to read: 11
12
A. Construction Code of Conduct. Construction Code of Conduct shall be processed13
pursuant to MMC 20.70.030. ((Prior to the issuance of any permits for grading, 14
demolition or construction, the property owner(s), agent, and contractor shall sign the15
city of Medina construction code of conduct and the signed construction code of conduct16
shall be submitted as an attachment to the building or development permit application.)) 17
B. Tailored Construction Mitigation Plan. 18
1. Level 1 tailored construction mitigation plans shall be processed ((as Type 219
decisions)) pursuant to ((Chapter 12.80)) MMC 20.71.040. ((The proposed mitigation20
plan shall be signed by the property owner(s), agent, and contractor and submitted21
by the applicant as an attachment to the building permit application.)) 22
2. Level 2 tailored construction mitigation plans shall be processed ((as a Type 323
decision)) pursuant to ((Chapter 12.80)) MMC 20.72.080. ((The final tailored24
construction mitigation plan shall include signatures of the property owner(s), agent, 25
and consultant, and may include provisions for any of the items described in MMC26
15.20.030.)) 27
3. A tailored construction mitigation plan shall not be approved unless the adverse28
consequences of proposed construction on adjacent and nearby properties have29
been reasonably mitigated for based on the evaluation criteria and mitigation30
measures set forth in this chapter. 31
4. A tailored construction mitigation plan must be approved before permits for grading, 32
demolition or construction may be issued. 33
34
Section 26. Amend Section 18.12.110. Section 18.12.110 of the Medina Municipal35
Code is hereby amended to read: 36
37
A. Exemptions. The following developments, activities, and associated uses shall be38
exempt from the provisions of this chapter; provided that they are otherwise consistent39
with the provisions of other local, state, and federal laws and requirements: 40
1. Emergency actions necessary to prevent an immediate threat to public health, safety41
or welfare, or that pose an immediate risk of damage to private property and that42
require action in a timeframe too short to allow for compliance with this title. After the43
emergency, the code official shall be notified of these actions within 14 days. The44
person or agency undertaking the action shall fully restore and/or mitigate any45
impacts to critical areas and buffers in accordance with an approved critical area46
report and mitigation plan; 47
2. Operation, maintenance, remodel or repair of existing structures and facilities, 48
provided there is no further intrusion into a critical area or its buffer and there is no49
significant increase in risk to life or property as a result of the action; 50
ITEM PH-1/ OB-1
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3. Passive recreation, education, and scientific research activities that do not degrade1
critical areas or buffers, such as fishing, hiking and bird watching, not including trail2
building or clearing; 3
4. Minor Site Investigative Work. Work necessary for land use submittals, such as4
surveys, soil logs, percolation tests, and other related activities, where such activities5
do not require construction of new roads or significant amounts of excavation. In6
every case, impacts to critical areas and buffers shall be minimized and disturbed7
areas shall be immediately restored; and8
5. Construction or modification of navigational aids and boundary markers. 9
B. Existing Structures. It is recognized in this chapter that Medina is a fully developed10
community and that there are existing structures that do not meet the requirements of11
this chapter. Existing structures may be maintained, repaired and remodeled provided12
there is no further intrusion into a critical area or its buffer. New construction or13
reconstruction must conform to the requirements of this chapter except for as provided14
for single-family residences in the subsection below. Structures damaged or destroyed15
due to disaster (including nonconforming structures) may be rebuilt in like kind as16
described in ((MMC Title 17)) the Zoning Code. 17
C. Trams. Due to high, steep slopes, hillside trams are one of the more practical means of18
accessing the shoreline portion of many lots. In these situations, the city recognizes19
trams as a normal appurtenance to a residential structure. For purpose of this chapter, 20
trams, including the upper and lower landings, are exempt from the steep slope setback21
requirements of MMC 18.12.390(B) and the variance requirements of MMC 18.12.220. 22
D. Limited Exemptions. The following permitted developments, activities, and associated23
uses shall be exempt from the critical areas review process; provided, that they are24
consistent with intent of this chapter. The city may condition approval of such permits to25
ensure adequate critical areas protection: 26
1. Existing single-family residences may be expanded, reconstructed, or replaced, 27
provided all of the following are met: 28
a. Expansion within a critical area buffer is limited to 500 square feet of structural29
coverage beyond the existing structural coverage as defined in MMC 20.23.03030
17.12.010)); 31
b. The expansion extends no closer to critical area than previously; 32
c. The proposal preserves the functions and values of wetlands, fish and wildlife33
habitat conservation areas, and their buffers to the maximum reasonable extent; 34
d. The proposal includes on-site mitigation to offset any impact; 35
e. The proposal will not significantly affect drainage capabilities, flood potential, and36
steep slopes and landslide hazards on neighboring properties; and37
f. The expansion would not cause a tree within a buffer to be labeled as a38
hazardous tree (MMC 12.28.020) and thus require the removal of the hazardous39
tree; 40
2. Replacement, modification, installation or construction of streets and utilities in41
existing developed utility easements, improved city street rights-of-way, or developed42
private streets. Utilities include water, sewer lines, and stormwater and franchise43
private) utilities such as natural gas lines, telecommunication lines, cable44
communication lines, electrical lines and other appurtenances associated with these45
utilities. The activity cannot further permanently alter or increase the impact to, or46
encroach further within, a critical area or buffer and must utilize best management47
practices; 48
3. Public and Private Nonmotorized Trails. Public and private pedestrian trails are49
allowed in critical areas, except for streams and wetlands, and all critical area50
buffers, subject to the following: 51
ITEM PH-1/ OB-1
Page 11 of 116
a. There is no practicable alternative that would allow placement of the trail outside1
of critical area buffers and geologically hazardous areas; 2
b. The trail surface shall meet all other requirements including water quality3
standards; 4
c. Trails proposed in stream or wetland buffers shall be located in the outer 255
percent of the buffer area, except when bridges or access points are proposed; 6
d. Stream and wetland buffer widths shall be increased, where possible, equal to7
the width of the trail corridor, including disturbed areas; 8
e. Trail corridors in critical areas and buffers shall not exceed six feet in width; and9
f. Trails proposed to be located in landslide or erosion hazard areas shall be10
constructed in a manner that does not increase the risk of landslide or erosion11
and in accordance with an approved geotechnical report; 12
4. Select Vegetation Removal Activities. The following limited vegetation removal13
activities are allowed in critical areas and buffers. Otherwise, removal of any14
vegetation or woody debris from a critical area shall be prohibited unless the action is15
part of an approved alteration. 16
a. The removal of the following vegetation with hand labor and/or light equipment; 17
provided, that the appropriate erosion-control measures are used and the area is18
replanted with native vegetation: 19
i. Invasive weeds; 20
ii. Himalayan blackberry (Rubus discolor, R. procerus); 21
iii. Evergreen blackberry (R. laciniatus); 22
iv. Ivy (Hedera spp.); and23
v. Holly (Ilex spp.), laurel, Japanese knotweed (Polygonum cuspidatum), or any24
other species on the King County Noxious Weed List. 25
b. The cutting and removal of trees that are hazardous, posing a threat to public26
safety, or posing an imminent risk of damage to private property, from critical27
areas and buffers; provided, that: 28
i. The applicant submits a report from a qualified professional (e.g., certified29
arborist or professional forester) that documents the hazard as specified in30
MMC 12.28.105 and provides a replanting schedule for replacement trees; 31
ii. Tree cutting shall be limited to limbing and crown thinning, unless otherwise32
justified by a qualified professional. Where limbing or crown thinning is not33
sufficient to address the hazard, trees should be topped to remove the hazard34
rather than cut at or near the base of the tree; 35
iii. All native vegetation cut (tree stems, branches, tops, etc.) shall be left within36
the critical area or buffer unless removal is warranted due to the potential for37
disease transmittal to other healthy vegetation or the remaining material38
would threaten the survival of existing native vegetation. However, no cut39
material shall be left on a steep slope or landslide hazard area without the40
approval of a qualified professional; 41
iv. Trees shall be cut to leave standing snags when doing so allows the hazard42
of the tree to be eliminated; 43
v. The landowner shall replace any native trees that are felled or topped with44
new trees at ratios specified in MMC 12.28.060 within one year in accordance45
with an approved restoration plan prepared by a qualified professional. Tree46
species that are native and indigenous to the site shall be used; 47
vi. If a tree to be removed provides critical habitat, such as an eagle perch, a48
qualified wildlife biologist shall be consulted to determine timing and methods49
for removal that will minimize impacts; and50
ITEM PH-1/ OB-1
Page 12 of 116
vii. Hazard trees determined to pose an imminent threat or danger to public1
health or safety, or to public or private property, or serious environmental2
degradation may be removed or topped by the landowner prior to receiving3
written approval from city of Medina; provided, that within 14 days following4
such action, the landowner shall submit a restoration plan that demonstrates5
compliance with the provisions of this title. 6
c. Trimming of vegetation for purposes of providing view corridors will be allowed; 7
provided, that it is consistent with Chapter 18.16 MMC and that trimming shall be8
limited to view corridors of 20 feet in width or less, that the limbs involved do not9
exceed three inches in diameter, that no more than 25 percent of the live crown10
is removed, and that benefits to fish and wildlife habitat are not reduced. 11
Trimming shall be limited to hand pruning of branches and vegetation. Trimming12
shall not include felling, topping, stripping, excessive pruning or removal of trees. 13
d. Measures to control a fire or halt the spread of disease or damaging insects14
consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, 15
that the removed vegetation shall be replaced in-kind or with similar native16
species within one year in accordance with an approved restoration plan17
prepared by a qualified professional; and18
5. Conservation, Preservation, Restoration and/or Enhancement. 19
a. Conservation and/or preservation of soil, water, vegetation, fish and/or other20
wildlife that does not entail alteration of the location, size, dimensions or21
functions of an existing critical area and/or buffer; and22
b. Restoration and/or enhancement of critical areas or buffers; provided, that23
actions do not alter the location, dimensions or size of the critical area and/or24
buffer; that actions do not alter or disturb existing native vegetation or wildlife25
habitat attributes; that actions improve and do not reduce the existing functions of26
the critical areas or buffers; and that actions are implemented according to a27
restoration and/or enhancement plan that has been approved by the city of28
Medina. 29
30
Section 27. Amend Section 18.12.120. Section 18.12.120 of the Medina Municipal31
Code is hereby amended to read: 32
33
A.)) If the application of this title would prohibit a development proposal by a public34
agency or public utility, the agency or utility may apply for an exception pursuant to MMC35
20.72.070. ((this section. 36
B. Exception Request and Review Process. An application for a public agency and utility37
exception shall be made to the city of Medina and shall include a critical area report; a38
mitigation plan, if necessary; and any other related project documents, such as permit39
applications to other agencies, special studies, and environmental documents prepared40
pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The city41
manager or designee shall prepare a recommendation to the hearing examiner based on42
review of the submitted information, a site inspection, and the proposal’s ability to43
comply with public agency and utility exception review criteria in subsection (D) of this44
section. 45
C. Hearing Examiner Review. The hearing examiner shall review the application and the46
city manager’s or designee’s recommendations, and conduct a public hearing pursuant47
to the provisions of Chapter 2.78 MMC. The hearing examiner shall approve, approve48
with conditions, or deny the request based on the proposal’s ability to comply with all of49
the public agency and utility exception review criteria in subsection (D) of this section. 50
ITEM PH-1/ OB-1
Page 13 of 116
D. Public Agency and Utility Review Criteria. The criteria for review and approval of public1
agency and utility exceptions follow: 2
1. There is no other practical alternative to the proposed development with less impact3
on critical areas and/or buffers; 4
2. The application of this title would unreasonably restrict the ability to provide utility5
services to the public; and6
3. The proposal meets the review criteria in MMC 18.12.200. 7
E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in8
support of the application and to provide sufficient information on which any decision has9
to be made on the application.)) 10
11
Section 28. Amend Section 18.12.130. Section 18.12.130 of the Medina Municipal12
Code is hereby to be amended to read: 13
14
A.)) If the application of this title would deny all reasonable use of the subject property, 15
the property owner may apply for an exception pursuant to MMC 20.72.060. ((this16
section. 17
B. Exception Request and Review Process. An application for a reasonable use exception18
shall be made to the city of Medina and shall include a critical area report; a mitigation19
plan, if necessary; and any other related project documents, such as permit applications20
to other agencies, special studies, and environmental documents prepared pursuant to21
the State Environmental Policy Act (Chapter 43.21C RCW) (SEPA documents). The city22
manager or designee shall prepare a recommendation to the hearing examiner based on23
review of the submitted information, a site inspection, and the proposal’s ability to24
comply with reasonable use exception review criteria in subsection (D) of this section. 25
C. Hearing Examiner Review. The hearing examiner shall review the application and26
conduct a public hearing pursuant to the provisions of Chapter 2.78 MMC. The hearing27
examiner shall approve, approve with conditions, or deny the request based on the28
proposal’s ability to comply with all of the reasonable use exception review criteria in29
subsection (D) of this section. 30
D. Reasonable Use Exception Review Criteria. All of the following review criteria must be31
met for approval of reasonable use exceptions: 32
1. The application of this title would deny all reasonable use of the property; 33
2. No other reasonable use of the property has less impact on critical areas and/or34
buffers; 35
3. Any alteration is the minimum necessary to allow for reasonable use of the property; 36
4. Impacts to critical areas are mitigated consistent with the purpose and standards of37
this chapter to the greatest extent feasible; 38
5. The proposal does not pose an unreasonable threat to the public health, safety, or39
welfare on or off the proposed development site; 40
6. The inability of the applicant to derive reasonable use of the property is not the result41
of actions by the applicant after the effective date of this title, or its predecessor; and42
7. The proposal meets the review criteria in MMC 18.12.200. 43
E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in44
support of the application and to provide sufficient information on which any decision has45
to be made on the application.)) 46
47
48
ITEM PH-1/ OB-1
Page 14 of 116
Section 29. Amend Section 19.08.010. Section 19.08.010 of the Medina Municipal1
Code is hereby amended to read: 2
3
The city council may, in its sole discretion which is hereby reserved, approve facilities leases4
for the location of telecommunications facilities and other facilities upon city property other5
than rights-of-way. Neither this section, nor any other provision of this title shall be6
construed to create an entitlement or vested right in any person or entity of any type. 7
Facilities leases granted for the installation and/or construction of wireless communications8
facilities shall also comply with the terms and provisions of Chapter ((17.90 MMC)) 20.379
MMC. 10
11
Section 30. Amend Section 20.40.040. Section 20.40.040 of the Medina Municipal12
Code is hereby amended to read: 13
14
All permits issued by the city of Medina in conformance with the provisions of the referenced15
codes in this title shall be subject to a plan review fee and/or a permit fee as prescribed in16
Tables A, B, and C as adopted in Chapters 3.64 and ((17.44)) 20.14 MMC. These fee17
schedules are adopted by reference and incorporated into this title as though set forth18
herein in their entirety. 19
20
Section 31. Amend Section 20.40.125. Section 20.40.125 of the Medina Municipal21
Code is hereby amended to read: 22
23
Section 503 of the International Fire Code is hereby amended to read as follows: 24
503.1 Where required. Fire apparatus access roads shall be provided and25
maintained in accordance with Chapters 12.08 and ((17.72)) 20.91 MMC. Road26
structure shall be designed for a live load sufficient to carry the imposed loads of27
fire apparatus. 28
29
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be30
provided for every facility, building or portion of a building hereafter constructed31
or moved into or within the jurisdiction. The fire apparatus road shall comply with32
the requirements of this section and shall extend to within 150 feet of all portions33
of the exterior walls of the first story of the building as measured by an approved34
route around the exterior of the building or facility. 35
Exception: The fire code official is authorized to increase the distance up to 20036
feet where: 37
1. The building is equipped throughout with an approved automatic sprinkler38
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of39
the International Fire Code; 40
2. Fire apparatus access roads cannot be installed because of location on41
property, topography, waterways, nonnegotiable grades or other similar42
conditions, and an alternate means of fire protection and building or structure43
access is provided as approved by the fire code official or the building official; or44
3. There are not more than two Group R-3 occupancies to be served by a fire45
apparatus access road. 46
47
503.1.2 Additional Access. The fire code official or the building official is48
authorized to require more than one fire apparatus road based on the potential49
ITEM PH-1/ OB-1
Page 15 of 116
for impairment of a single road by vehicle congestion, condition of terrain, 1
climatic conditions or other factors that could limit access. 2
3
503.1.3 High-piled storage. Fire department vehicle access to buildings used for4
high-piled storage shall comply with the applicable provisions of Chapter 23, 5
International Fire Code. 6
7
503.2 Specifications. Fire apparatus access roads shall be installed and8
arranged in accordance with this Section, and in accordance with Chapters9
12.08 and ((17.72)) 20.91 MMC. 10
11
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed12
width of not less than 20 feet, exclusive of shoulders. The minimum vertical13
clearance shall be not less than 13 feet 6 inches. 14
Exceptions: Access roads serving not more than two Group R-3 or U15
occupancies shall have an unobstructed width of not less than 16 feet. 16
17
503.2.2 Authority. The fire code official or the building official shall have the18
authority to require an increase in the minimum access widths where they are19
inadequate for fire or rescue operations. 20
21
503.2.3 Surface. Fire apparatus roads shall be surfaced and maintained to22
provide all weather and non-slip driving capabilities. Surface materials shall be23
asphalt, concrete or other material approved by the fire code official and the24
Medina City Engineer. 25
26
503.2.4 Turning radius. The turning radius of a fire apparatus access road shall27
be 28 feet minimum inside curb and 48 feet minimum outside curb. 28
29
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet30
in length shall be provided with an area for turning around fire apparatus as31
approved by the fire code official, and in accordance with Chapter ((17.72)) 32
20.91 MMC. 33
Exception: The fire code official is authorized to increase the length up to 30034
feet for driveways serving only one Group R-3 occupancy. 35
36
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is37
part of a fire apparatus road, the bridge shall be constructed and maintained in38
accordance with Chapter 12.08 MMC. Bridges and elevated surfaces shall be39
designed for a live load sufficient to carry the imposed loads of fire apparatus. 40
Vehicle load limits are to be posted at all entrances to bridges when required by41
the fire code official. Posted signs are to be in accordance with Chapter ((17.72)) 42
20.91 MMC. Where elevated surfaces designed for emergency vehicle use are43
adjacent to surfaces which are not designed for such use, approved barriers, 44
approved signs or both shall be installed and maintained when required by the45
fire code official. 46
47
503.2.7 Grade. The grade of the fire apparatus access road, including private48
and public roads and driveways shall be in accordance with Chapters 12.08 and49
17.72)) 20.91 MMC, and the following: 50
ITEM PH-1/ OB-1
Page 16 of 116
1. The grade of access on properties that have structures that have non-1
automatic sprinklers shall not exceed 12 percent longitudinally, and 5 percent2
laterally. 3
2. The grade of access on properties that have structures that have automatic4
sprinklers shall not exceed 15 percent longitudinally, and 5 percent laterally. 5
3. All grades of access in excess of 15 percent longitudinally require fire code6
official approval. Grades in excess of 5 percent laterally are not permitted. 7
4. Grades of fire apparatus access roads for all properties which are in excess of8
15 percent longitudinally shall have additional fire department access9
improvements installed and maintained as approved by the fire code official and10
building official including all-weather walking surfaces constructed in accordance11
with Chapter 10 of the International Building Code. 12
13
503.2.8 Angles of approach and departure. The angles of approach and14
departure for fire apparatus access roads shall be in accordance with Chapters15
12.08 and ((17.72)) 20.91 MMC, and within the limits established by the fire16
code official based upon the fire department’s apparatus. 17
503.3 Marking. Where required by the fire code official fire apparatus access18
roads shall be marked as follows: 19
1. FIRE LANE – NO PARKING Signs shall be mounted a minimum of 60 inches20
above grade (80 inches if adjacent to a pedestrian pathway). Signs must be type21
R8-31” or equivalent reflective sign no less than 12 inches by 18 inches in size, 22
with a white background and the wording “No Parking Fire Lane” in red letters. 23
When in a straight line of sight, these signs shall be no further than 150 feet24
apart. This distance may be reduced when curves, corners or other adverse25
sighting conditions restrict the line of sight. 26
2. Designated fire department access roads (“Fire Lanes”) shall be painted red. 27
This shall include both vertical and horizontal portions of the curb. Minimum 328
inch white lettering which shall read: NO PARKING – FIRE LANE, shall be29
placed every 50 feet or portion thereof on the vertical portion of the curb. The30
entire curb length shall be painted. If there are rolled curbs or no curbs, 31
stenciling shall be placed on pavement. 32
Exception: Variations to Fire Lane markings may be approved when in the33
opinion of the fire code official the proposed signage and markings achieve the34
same outcome. The fire chief retains the right to revoke variations for cause. 35
3. Fire apparatus access road markings shall be maintained by the entity or36
person(s) owning the road. 37
38
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads39
shall not be obstructed in any manner, including parking of vehicles. The40
minimum widths and clearances established in Section 503.2.1 and MMC41
12.06.080 shall be maintained at all times. 42
43
503.5 Required gates or barricades. The fire code official is authorized to require44
the installation and maintenance of gates or other approved barricades across45
fire apparatus access roads, trails or other accessways, not including public46
streets, alleys or highways. Electric gate operators, where provided, shall be47
listed in accordance with UL 325. Gates intended for automatic operation shall48
be designed, constructed and installed to comply with the requirements of ASTM49
F 2200. 50
51
ITEM PH-1/ OB-1
Page 17 of 116
503.5.1 Security gates and barricades. When required, gates and barricades1
shall be secured in an approved manner. Roads, trails and other accessways2
that have been closed and obstructed in the manner prescribed by Section3
503.5 shall not be trespassed on or used unless authorized by the owner and4
the fire code official. 5
Exception. The restriction on use shall not apply to public officers acting within6
the scope of duty. 7
503.6 Security gates. The installation of security gates across a fire apparatus8
access road shall be reviewed and approved by the fire code official and must9
comply with Appendix D103.5, and must be in accordance with ((Chapter10
12.40)) MMC 20.30.010. The use of directional-limiting devices (tire spikes) is11
prohibited. Where security gates are installed, they shall have an approved12
means of emergency operation. The security gates and the emergency13
operation shall be maintained operational at all times. Electric gate operators, 14
where provided, shall be listed in accordance with UL 325. Gates intended for15
automatic operation shall be designed, constructed and installed to comply with16
the requirements of ASTM F 2200. Gates on all properties shall be set back a17
minimum distance of 20 feet from the roadway edge of pavement, except the18
Medina City Engineer may increase or decrease this distance based upon safety19
and feasibility considerations. 20
21
Section 32. Amend Section 20.40.150. Section 20.40.150 of the Medina Municipal22
Code is hereby amended to read: 23
24
The city is authorized to charge and collect fees to recover the cost to the city for the25
services of the Bellevue fire department related to determining compliance with the26
International Fire Code. The fees shall be based on the fee schedule adopted in Chapters27
3.64 and ((17.44)) 20.14 MMC. 28
29
Section 33. Amend Section 20.40.160. Section 20.40.160 of the Medina Municipal30
Code is hereby amended to read: 31
32
In order to hear and decide appeals of orders, decisions or determinations made by the33
building official or the fire code official relative to the application and interpretation of the34
State Building Code, applicants shall have a right of appeal pursuant to MMC 20.80.220((to35
the hearing examiner, as provided in Chapter 2.78 MMC. This appeal process shall replace36
any reference to a board of appeals in the adopted codes. 37
38
An application for appeal shall be based on a claim that the true intent of the subject code or39
the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this40
code do not fully apply, or an equally good or better form of construction is proposed. The41
hearing examiner shall have no authority to waive requirements of the State Building42
Code.)) 43
44
Section 34. Repeal Section 20.44.025. Section 20.44.025 of the Medina Municipal45
Code is hereby repealed in its entirety. 46
47
Section 35. Repeal Section 20.73.050. Section 20.73.050 of the Medina Municipal48
Code is hereby repealed in its entirety. 49
50
ITEM PH-1/ OB-1
Page 18 of 116
Section 36. Amend Section 20.73.060. Section 20.73.060 of the Medina Municipal1
Code is hereby amended to read: 2
3
A. The provisions set forth in this chapter shall constitute the minimum requirements4
necessary to promote the public health, safety, and general welfare. 5
B. Any person who desires to subdivide land within the boundaries of the city should6
consult with the city at an early date to become familiar with the requirements of this7
chapter and for assistance in understanding the engineering requirements and the8
construction standards of the city. 9
C. Transfer of Land Prior to Final Approval. 10
1. Whenever any parcel of land is divided into two or more lots, no person, firm, 11
corporation or agents of them shall sell, transfer or advertise for sale or transfer any12
such lot without having a short subdivision or subdivision recorded unless preliminary13
approval expressly conditions a performance of an offer or agreement to sell, lease, 14
or otherwise transfer a lot, tract, or parcel of land on the recording of the final short15
plat or plat. 16
2. If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract, 17
or parcel of land following preliminary approval is expressly conditioned on the18
recording of the final plat containing the lot, tract, or parcel, the offer or agreement19
shall not be subject to the penalties in RCW 58.17.200 or 58.17.300, or MMC20
20.73.180. 21
3. All payment on account of an offer or agreement conditioned as provided in this22
section shall be deposited in an escrow or other regulated trust account and no23
disbursement to sellers shall be permitted until the final short plat or plat is recorded. 24
D. Lands designated as critical areas such as wetlands, aquifers, streams, flood hazards, 25
geological hazards and wildlife habitat conservation areas shall not be divided nor have26
lot lines adjusted unless adequate safeguards are provided as prescribed in Chapter27
18.12 MMC, Critical Areas. 28
E. The applicant shall pay a fee in accordance with the fee schedule adopted in Chapters29
3.64 and ((17.44)) 20.14 MMC, which shall accompany the application. 30
F. In lieu of the completion of the actual construction of any required improvements prior to31
the approval of a final subdivision, the city may accept a bond providing for and securing32
the actual construction and installation of such improvements within a period specified33
by the city. In addition, the city may provide for methods of security, including the posting34
of a bond securing the successful operation of improvements for up to two years after35
final approval. 36
G. If any provision of this chapter or its application to any person or circumstance is held37
invalid, the remainder of this chapter, or the application of the provision to other persons38
or circumstances, shall not be affected.)) 39
40
Section 37. Repeal Section 20.80.040. Section 20.80.040 of the Medina Municipal41
Code is hereby repealed in its entirety. 42
43
Section 38. Amend Section 20.80.060. Section 20.80.060 of the Medina Municipal44
Code is hereby amended to read: 45
46
The procedures for processing a project permit application may include a determination of47
completeness, notice of application, notice of hearing, and notice of decision. The following48
tables establish the decision type, the person or body authorized to make the decision, the49
general review procedures, and notice requirements that are applicable to each project50
permit application. 5152
ITEM PH-1/ OB-1
Page 19 of 116
A. Table MMC 20.80.060(A) sets forth project permits that are categorized as Type 11
decisions with the applicable corresponding review procedures. 2
3
MMC Table 20.80.060(A) - Type 1 decisions4
Project Permit Decision
Authority
Procedure Requirements
DOC NOA NOH NOD
Building, reroof and construction permits
not listed / no SEPA BO Yes No No Yes
Mechanical permit BO Yes No No Yes
Demolition permit / no SEPA BO Yes No No Yes
Grading and drainage permit / no SEPA BO Yes No No Yes
Fence permit BO Yes No No Yes
Final short subdivision D No No No No
Administrative tree removal permit D Yes No No Yes
Hazardous tree designation D Yes No No Yes
Right-of-way permit E Yes No No Yes
Lot line adjustment D Yes No No Yes
Zoning code interpretation D No No No Yes
Accessory dwelling units D Yes No No Yes
Administrative sign approval D Yes No No Yes
Code of conduct approval E Yes No No Yes
SEPA letter of exemption D1 No No No Yes
Shoreline letter of exemption D No No No Yes
Shoreline Master Program interpretation D No No No Yes
Temporary Use Permit D No No No Yes
Notes:
DOC” - determination of completeness required pursuant to MMC 20.80.100
NOA” - notice of applicationrequired pursuant to MMC 20.80.110
NOH” - notice of hearing required pursuant to MMC 20.80.120
NOD” – notice of decision required pursuant to MMC 20.80.200
BO” means building official has authority to make the decision
D” means the director has authority to make the decision
E” means the City engineer or designee has authority to make the decision
1Director here means the person designated as the Responsible Official
5
B. Table MMC 20.80.060(B) sets forth project permits that are categorized as Type 26
decisions with the applicable corresponding review procedures. 78
MMC Table 20.80.060(B) - Type 2 decisions9
Project Permit Decision
Authority
Procedure Requirements
DOC NOA NOH NOD
Building permit / with SEPA BO/ D1 Yes Yes No Yes
Demolition permit / with SEPA BO/ D1 Yes Yes No Yes
Grading and drainage permit / with
SEPA BO/ D1 Yes Yes No Yes
Administrative right-of-way tree
trimming/ removal permit D Yes Yes No Yes
Administrative special use permit D Yes Yes No Yes
Administrative variance D Yes Yes No Yes
Minor deviation D Yes Yes No Yes
ITEM PH-1/ OB-1
Page 20 of 116
SEPA threshold determination D1 Yes Yes2 No Yes
Preliminary short subdivision D Yes Yes No Yes
Tailored construction mitigation plan –
level 1 D Yes Yes No Yes
Final subdivision CC No No No Yes
Notes:
DOC” - determination of completeness required pursuant to MMC 20.80.100
NOA” - notice of application required pursuant to MMC 20.80.110
NOH” - notice of hearing required pursuant to MMC 20.80.120
NOD” – notice of decision required pursuant to MMC 20.80.200
BO” means building official has authority to make the decision
D” means the director has authority to make the decision
CC” means the City Council makes the decision
E” means the City engineer or designee has authority to issue a decision
1Director here means the person designated as the Responsible Official
2A NOA is not required for aSEPA threshold determination issued pursuant to WAC 197-11-340(1). 1
C. Table MMC 20.80.060(C) sets forth project permits that are categorized as Type 32
decisions with the applicable corresponding review procedures. 34
MMC Table 20.80.060(C) - Type 3 decisions5
Project Permit Decision
Authority
Procedure Requirements
DOC NOA NOH NOD
Non-administrative special use permit HE Yes Yes Yes Yes
Conditional use permit HE Yes Yes Yes Yes
Historical use permit HE Yes Yes Yes Yes
Non-administrative variance HE Yes Yes Yes Yes
Site-specific rezone PC/CC1 Yes Yes Yes Yes
Reasonable use exception HE Yes Yes Yes Yes
Non-administrative right-of-way tree
trimming/ removal permit HE Yes Yes Yes Yes
Non-administrative tree removal
permit HE Yes Yes Yes Yes
Site plan review PC Yes Yes Yes Yes
Tailored construction mitigation plan
level 2 PC Yes Yes Yes Yes
Preliminary subdivision HE/CC2 Yes Yes Yes Yes
Shoreline Substantial Development
Permit HE Yes Yes Yes Yes
Shoreline Variance HE3 Yes Yes Yes Yes
Shoreline Conditional Use Permit HE3 Yes Yes Yes Yes
Notes:
DOC” - determination of completeness required pursuant to MMC 20.80.100
NOA” - notice of application required pursuant to MMC 20.80.110
NOH” - notice of hearing required pursuant to MMC 20.80.120
NOD” – notice of decision required pursuant to MMC 20.80.200
HE” means the Hearing Examiner has authority to make the decision
PC” means the Medina Planning Commission has authority to make the decision
CC” means the City Council makes the decision
1The Planning Commission holds the open-record hearing and makes a recommendation to the City
Council. The City Council decides the rezone at a closed record meeting.
ITEM PH-1/ OB-1
Page 21 of 116
2Hearing Examiner holds the open-record hearing and makes a recommendation to the City Council.
The City Council decides the preliminary subdivision at a closed record meeting.
3 If ((T))the Hearing Examiner’s action on shoreline variances and shoreline conditional use permits is
a recommendation to the Washington State Department of Ecology who decide these permits pursuant
to chapter 90.58 RCW)) to approve the application, the approval shall be submitted to the Washington
State Department of Ecology for approval, approval with conditions, or denial pursuant to WAC 173-27-
200.
1
Section 39. Amend Section 20.80.210. Section 20.80.210 of the Medina Municipal2
Code is hereby amended to read: 3
4
A. A decision on a project permit application shall be issued within 120 days from the date5
the application is determined to be complete pursuant to MMC 20.80.100, except as6
follows: 7
1. The city makes written findings that a specified amount of additional time is needed8
for processing the application; or9
2. A project permit or approval involves public facilities, utilities or related uses of public10
areas or facilities if the director determines special circumstances warrant a longer11
process. 12
B. If the city is unable to issue its final decision on a project permit application within the13
time limits provided for in this section, it shall provide written notice of this fact to the14
parties of record. The notice shall include a statement of reasons why the time limits15
were not met, and an estimated date for issuance of the notice of decision. 16
C. In calculating the 120-day time period, the following days shall be excluded: 17
1. Any period in which the city asks the applicant to correct plans, perform required18
studies, or provide additional information and the applicant takes to provide the19
additional information. 20
2. Any period where the city determines that submitted information is insufficient or21
incorrect, and has requested the applicant provide the necessary information. 22
3. Any period, not to exceed 30 days, during which a code interpretation pursuant to23
MMC ((17.08.040)) 20.10.050 is processed in conjunction with an underlying project24
permit application. 25
4. Any period during which an environmental impact statement is being prepared. 26
5. Any period of time for an administrative appeal or reconsideration of the hearing27
examiner’s decision. 28
6. Any period of time a project permit application requires approval of an amendment to29
the comprehensive plan or development regulation in order to receive permit30
approval. 31
7. Any period of time on a project permit application that is substantially revised by the32
applicant, in which case a new 120-day time period shall start from the date at which33
the revised project application is determined to be complete. 34
8. Any extension of time mutually agreed upon by the applicant and the city. 35
D. All excluded periods are calculated from the date the city notifies the applicant to when36
the information satisfies the city’s requirement. 37
E. If the city is unable to issue a decision within the time period prescribed by this section; 38
the city shall notify the applicant in writing. The notice shall include a statement of39
reasons why the time limits have not been met and an estimated date of issuance of a40
decision. 41
42
43
ITEM PH-1/ OB-1
Page 22 of 116
Section 40. Amend Section 20.82.020. Section 20.82.020 of the Medina Municipal1
Code is hereby amended to read: 2
3
A. This chapter applies to an amendment of the city’s official zoning map adopted pursuant4
to MMC ((17.04.010)) 20.20.020. This chapter does not apply to a site-specific5
reclassification of land that is a quasi-judicial rezone subject to ((Chapter 17.94)) MMC6
20.72.050. 7
B. The review procedures set forth in this chapter shall apply to an area-wide zoning map8
amendment: 9
1. That is consistent with and implements the land use map of the comprehensive plan; 10
and11
2. An amendment to the comprehensive plan is not required. 12
C. If an amendment to the comprehensive plan is required, the city has the option to: 13
1. Combine the area-wide zoning map amendment with the comprehensive plan14
amendment under the procedures set forth in Chapter 20.83 MMC; or15
2. Process the area-wide zoning map amendment separately from the comprehensive16
plan amendment, provided MMC 20.82.080 is fulfilled. 17
18
Section 41. Authorization to make corrections. Upon approval by the City19
Attorney, the City Clerk or designee and the code reviser are authorized to make necessary20
corrections to this ordinance including, but not limited to, the correction of scrivener’s/ 21
clerical errors, references other local, state or federal laws, codes, rules, or regulations, 22
ordinance numbering, and section/ subsection numbers and any references thereto. 23
24
Section 42. Effective Date. This ordinance shall be published in the official25
newspaper of the City, and shall take effect and be in full force five (5) days after the date of26
publication but no sooner than August 1, 2013. 27
28
PASSED BY THE CITY COUNCIL ON THIS ____ DAY OF _________, 2013, AND29
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE ___ DAY OF ________, 30
2013. 31
32
33
34
Mayor Michael Luis
Approved as to form: Attest:
Kari Sand, City Attorney Rachel Baker, City Clerk
Kenyon Disend, PLLC35
Attachment A
Page 1 of 116
Title 201
Unified Development Code2
3
Chapter: 4
20.00 Introduction to the Unified Development Code. 5
6
Subtitle 20.1 Administration of Unified Development Code7
8
Chapters: 9
20.10 Administration – General provisions. 10
20.12 Definitions. 11
20.14 Development Permit Fees. 12
20.16 Enforcement. 13
14
Subtitle 20.2 Land Use15
16
Chapters: 17
20.20 Establishment of Zoning. 18
20.21 Use and Occupancy Development Regulations. 19
20.22 Lot Development Standards. 20
20.23 Bulk Development Standards. 21
22
Subtitle 20.3 Special Development Standards23
24
Chapters: 25
20.30 City-wide Uses. 26
20.31 Limited Uses. 27
20.32 Special Uses. 28
20.33 Historical Uses. 29
20.34 Accessory Uses. 30
20.35 Temporary Uses. 31
20.36 Nonconformity. 32
20.37 Wireless Communication Facilities. 33
34
Subtitle 20.9 Infrastructure Improvements35
36
Chapters: 37
20.90 Subdivision Design and Improvement Standards. 38
20.91 Private Lanes39
40
41
Attachment A
Page 2 of 116
Chapter 20.001
Introduction to the Unified Development Code2
3
Sections: 4
20.00.010 Title. 5
20.00.020 Statement of purpose. 6
7
20.00.010 Title. 8
9
This title shall be known as, and may be cited as, the "Medina Unified Development Code” 10
and may be cited as the UDC. 11
12
20.00.020 Statement of purpose. 13
14
A. The UDC is a comprehensive set of regulations that governs the physical development15
of all land and water within the City of Medina, except where state-owned properties are16
exempt under state law, for the purpose of orderly development within the community. 17
The UDC consolidates the City’s zoning, platting, environmental, construction and other18
development regulations into a one-book source with the goal of providing consistency19
between different regulations, and making the ability to find information related to20
development easier. 21
B. The primary purpose of the regulations under this title is to: 22
1. Encourage and guide development consistent with the goals and policies of the23
Medina Comprehensive Plan; 24
2. Protect the community’s single-family residential nature and the natural aesthetic25
quality of the community; 26
3. Address both natural and manmade environmental considerations as part of the27
project permitting processes; 28
4. Protect the public’s health, safety and welfare as a whole and not create a duty of29
protecting any person or class of persons; and30
5. Provide appropriate procedures for enforcement of the regulations of this title. 31
32
33
Attachment A
Page 3 of 116
Subtitle 20.11
Administration of Unified Development Code2
3
Chapter 20.104
Administration – General Provisions5
6
Sections: 7
20.10.010 Compliance. 8
20.10.020 Minimum requirements. 9
20.10.030 Conflicts. 10
20.10.040 Administrative authority. 11
20.10.050 Interpretations. 12
20.10.060 Compliance with other laws. 13
20.10.070 City Liability. 14
20.10.080 Responsibility for compliance. 15
20.10.090 Severability. 16
17
20.10.010 Compliance. 18
19
No building or other structure shall be constructed, improved, altered, enlarge, or moved, 20
nor shall any use or occupancy of premises within the City be commenced or changed; nor21
shall any condition of or upon real property be caused or maintained, except in conformity22
with the conditions prescribed within this title. 23
24
20.10.020 Minimum requirements. 25
26
The regulations set forth in this title shall constitute the minimum requirements necessary to27
promote the public health, safety, morals, and general welfare. 28
29
20.10.030 Conflicts. 30
31
The requirements of this title shall govern when this code imposes a greater restriction than32
is required by other ordinances, regulations, easements, covenants, or other agreements. 33
In the case of internal conflicts within this code, the most restrictive provision shall prevail34
unless prescribed otherwise by law. 35
36
20.10.040 Administrative authority. 37
38
The Director has authority to make and issue orders, rules, requirements, permits, 39
interpretations, decisions, or determinations as necessary in the administration and40
enforcement of the regulations in this title, except where specified otherwise by law. 41
42
20.10.050 Interpretations. 43
44
A. The Director is authorized to make written interpretations of these codes whenever45
necessary for clarification, or to resolve a conflict within these regulations, so as to46
provide consistent interpretation and application of this title. However, interpretations47
shall not be made for the purpose of superseding unambiguous regulations. 48
B. Code interpretations are a Type 1 decision subject to the review procedures set forth in49
Chapter 20.80 MMC. 50
Attachment A
Page 4 of 116
C. Any person may submit a written request for a code interpretation, or the Director may1
issue a code interpretation at the Director’s own initiative. 2
D A written request shall include the following: 3
1. Specify the regulation for which a code interpretation is requested, including4
reference to sections of the code subject to the interpretation; 5
2. A statement on why an interpretation is necessary; 6
3. Any reason or any materials that support making an interpretation; and7
4. Payment of fees adopted pursuant to the fee schedule in Chapter 20.14 MMC. 8
E. Decision criteria: Code interpretations shall be in writing and made based on an9
analysis of the following: 10
1. The defined or common meaning of the words of the regulation; 11
2. The general purpose of the regulation as expressed in the provision; and12
3. The logical or likely meaning of the regulation viewed in relation to the13
comprehensive plan, if applicable. 14
F. Effect: A written interpretation shall be enforced as if it is part of this title. 15
G. A record of all written interpretations shall be maintained by the City and be available for16
public inspection during regular business hours. 17
18
20.10.060 Compliance with other laws. 19
20
Nothing in this title shall be construed to excuse compliance with other applicable federal, 21
state, or local laws or regulations. 22
23
20.10.070 City liability. 24
25
Nothing in this title shall be construed to impose any duty upon the City or any of its officers26
or employees so as to subject them to liability for damages not otherwise imposed by law to27
protect individuals from personal injuries or property damage. 28
29
20.10.080 Responsibility for compliance. 30
31
A. Regardless of any review, approval, inspection or other action of the City or its agents, 32
consultants or employees, it is the responsibility of developers, applicants, owners and33
occupiers of land within the City to ensure that all work, actions or conditions comply34
with the requirements of this title and all other applicable laws. 35
B. An applicant for a permit or any other approvals from the City is responsible for providing36
accurate and complete information that complies with the requirements of this title and37
all applicable laws and regulations. The City is not responsible for the accuracy of38
information or plans provided by an applicant. 39
40
20.10.090 Severability. 41
42
If any section, subsection, clause or phrase of this title or amendment thereto, or its43
application to any person or circumstance is held by a court of competent jurisdiction to be44
invalid, the remainder or application to other persons or circumstances shall not be affected. 45
46
47
Attachment A
Page 5 of 116
Chapter 20.121
Definitions2
3
Sections. 4
20.12.010 General Provisions. 5
20.12.020 “A” definitions. 6
20.12.030 “B” definitions. 7
20.12.040 “C” definitions. 8
20.12.050 “D” definitions. 9
20.12.060 “E” definitions. 10
20.12.070 “F” definitions. 11
20.12.080 “G” definitions. 12
20.12.090 “H” definitions. 13
20.12.100 “I” definitions. 14
20.12.130 “L” definitions. 15
20.12.140 “M” definitions. 16
20.12.150 “N” definitions. 17
20.12.160 “O” definitions. 18
20.12.170 “P” definitions. 19
20.12.190 “R” definitions. 20
20.12.200 “S” definitions. 21
20.12.210 “T” definitions. 22
20.12.220 “U” definitions. 23
20.12.230 “V” definitions. 24
20.12.240 “W” definitions. 25
20.12.270 “Z” definitions. 26
27
20.12.010 General Provisions. 28
29
A. For the purpose of this title, the terms in this chapter shall have the meaning indicated in30
this chapter, except where the context clearly indicates a different meaning. 31
B. Words used in the singular shall include the plural, and the plural shall include the32
singular, unless the context clearly indicates the contrary. 33
C. Where a term prescribed in this chapter conflicts with a definition of the same term34
adopted under a specific chapter, the definition adopted under the specific chapter shall35
control when applied to that specific chapter. 36
D. Terms not defined herein shall take their meaning from definitions in the comprehensive37
plan, building codes, and other ordinances incorporated by reference. If a specific term38
is not defined or referenced, it shall take its normal and customary meaning within the39
context of how it is used. 40
41
20.12.020 “A” definitions. 42
A. “Abandoned” means the knowing relinquishment of right or claim to the subject property43
or structure on that property. 44
B. “Access” means a way or means of approach to provide vehicular or pedestrian physical45
entrance to a property. 46
C. “Accessory” means a use, activity, structure or part of a structure which is subordinate47
and incidental to the main activity or structure on the subject property. 48
D. “Accessory building” means a detached building, the use of which is incidental or49
secondary to that of the main building. 50
Attachment A
Page 6 of 116
E. “Accessory dwelling unit” means a dwelling unit subordinate to a single-family dwelling1
unit which is: 2
1. Located within the single-family dwelling unit; or3
2. Located within an accessory building on the lot with a principle single-family4
dwelling. 5
F. “Adjoining” means property that touches or is directly across a street or private lane from6
the subject property. 7
G. "Adult family home" means a residential home in which a person or persons provide8
personal care, special care, room, and board to more than one but not more than six9
adults who are not related by blood or marriage to the person or persons providing the10
services provided, however, any limitation on the number of residents resulting from this11
definition shall not be applied if it prohibits the City from making reasonable12
accommodations to disabled persons in order to afford such persons equal opportunity13
to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 14
42 U.S.C. 3604(f)(3)(b). 15
H. “Agriculture” means the use of land for agricultural purposes including any one or more16
of farming, apiculture, horticulture, and floriculture, and viticulture, but excluding the17
raising of animals. 18
I. “Alter” or “alteration” means any change, addition or modification in construction or19
occupancy. 20
J. “Applicant” means a person who applies for any permit or approval to do anything21
governed by this code and who is the owner of the subject property, the authorized22
agent of the owner, or the City. 23
K. “Ancillary use” means a use essential for the proper and/or effective function of another24
use. 25
L. “Ancillary facilities” means the equipment required for operation of wireless26
communications, including, but not limited to repeaters, radios, cabling, power meters, 27
ventilation, generators, and other related equipment. 28
M. “Antenna” means an electrical conductor or group of electrical conductors that transmit29
or receive radio waves or microwaves. 30
N. “Antenna, Omni-directional (or whip)” means an antenna that receives and transmits31
signals in a 360 degree pattern, and which is four inches or less in diameter and 15 feet32
or less in height. 33
O. “Antenna, Directional (or panel)” means an antenna that receives and transmits signals34
in a directional pattern typically encompassing an arc of 120 degrees. 35
P. “Antenna, Parabolic (or dish)” means a bowl-shaped device that receives and transmits36
signals in a specific directional pattern. 37
Q. Antenna, Tubular Panel” means an antenna which is 18 inches or less in diameter and38
less than 8 feet in height, and which is capable of receiving or transmitting signals in a39
360 degree pattern. This includes a configuration of multiple panel antennas located40
within a single shroud that gives the appearance of a single antenna. 41
R. “Arbor, bower, trellis” means light, open, garden-type structures composed of vertical42
and/or horizontal elements without a room which may or may not attach to a building43
which is designed, established and installed as a part of the landscape of the property. 44
S. "Auditor, County" means the person defined in Chapter 36.22 RCW or the office of the45
person assigned such duties under the King County Charter. 46
T. “Automobile mechanical repair” means general repair, rebuilding, or recondition of47
engines, motor vehicles, or trailers including incidental repairs and replacement of parts48
and motor services. This does not include painting and body work. 49
U. “Automobile service station” means a place where petroleum products are kept for retail50
sales for automobiles and other motor vehicles and where repairs, washing, servicing, 51
Attachment A
Page 7 of 116
greasing, adjusting or equipping of automobiles or other motor vehicles may be1
performed; and where grease, anti-freeze, tires, spark-plugs and other automobile2
supplies may also be sold incidentally. For the purpose of this definition, the sale of3
associated sundry items and the sale of prepared foods for consumption off the4
premises may be allowed in conjunction therewith provided the gross floor area devoted5
to the sale of such sundry items and prepared foods does not exceed 160 square feet. 6
7
20.12.30 “B” definitions. 8
A. “Bay Window” means a projecting bay from an exterior wall of a structure that contains9
window glazing over at least 50 percent of any surface of the bay that does not lie10
perpendicular to the exterior wall. The bay window may be directly supported by a11
foundation or it may be cantilevered out from an exterior wall. 12
B. “Berm” means a manmade earthen or other type of mound erected to provide a visual13
interest, visual screening and/or decrease noise. 14
C. "Block" means a group of lots, tracts, or parcels within well-defined and fixed15
boundaries. 16
D. "Bond" means a satisfactory security to insure performance and/or warranty. The form17
of the security shall be determined by the Director. 18
E. “Building” means any structure having a roof supported by columns or walls used or19
intended for supporting or sheltering any use or occupancy. 20
F. “Building envelope” means the space defined by the vertical, horizontal and mixed21
planes of an existing or proposed structure, including that portion of the structure which22
is at or under the ground. 23
G. “Building Official” means the same as the term that is defined in the Building Codes24
adopted in Chapter 20.40 MMC. 25
H. “Building site” means a parcel of land or lot under single ownership and control and26
otherwise qualified as a building site under regulations of the city, which, at the time of27
filing for a building permit, is designated by its owners or developers as the site to be28
used, developed or built upon as a unit. 29
I. “Buildable lot” means a tract or parcel of land, legally created, which may be used for the30
placement of structures separate from other parcels. 31
J. “Bulkhead” means a wall or embankment used for retaining earth. For properties32
located within the jurisdiction of the Shoreline Management Act see the Medina33
Shoreline Master Program. 34
35
20.12.040 “C” definitions. 36
37
A. “Carport” means a building or structure or part thereof, which is not wholly enclosed and38
is used for the parking or storage of passenger vehicles. 39
B. “City” means City of Medina. 40
C. “Closed-record appeal” means an administrative appeal on the record on a project41
permit application following an open-record hearing with no or limited new evidence or42
information allowed to be submitted and only appeal argument allowed. 43
D. “Clubhouse” means a building used by a club, being an association of persons with a44
common interest meeting periodically for shared activity. 45
E. “Co-location” means the use of a single support structure and/ or site by more than one46
telecommunication carrier of wireless communication. 47
F. “Commercial” means the use of land, building or structure relating to the buying and48
selling of goods and services. 49
Attachment A
Page 8 of 116
G. “Compatible” means a building, structure, activity or use that blends with, conforms to, or1
is harmonious with the surrounding ecological, physical, visual or cultural environment. 2
H. “Comprehensive plan” means the adopted Medina Comprehensive Plan, listing the goals3
and policies regarding land use within the city. 4
I. “Conditional use, special use” means a use permitted in a particular zone only upon5
showing that such use in a specified location will comply with all the conditions and6
standards for the location or operation of such use as specified and authorized by law. 7
J. “Contour line” means the interconnection of points having the same height above sea8
level. 9
K. “Cost of construction (including maintenance and repairs)” means the true value in the10
open market of all work required to accomplish the proposed construction, as defined by11
the International Building Code for the purpose of computing building permit fees. The12
true value shall include reasonable true market values for the materials and labor and13
include normal contractor profit and overhead and design fees, but exclude Washington14
State and local sales taxes and permit fees. 15
L. “Cottage” means a detached single-family dwelling unit used as a secondary dwelling on16
a property. 17
M. “Court of Competent Jurisdiction” means the judicial body empowered to adjudicate the18
question under consideration. 19
N. “Court” means a space, open and unobstructed to the sky, located at or above grade20
level on a lot and bounded on three or more sides by walls or buildings. 21
O. “Coverage gap” means a geographic area where a telecommunication carrier has a22
significant gap in service coverage. 23
24
20.12.050 “D” definitions. 25
26
A. "Day" means calendar days. 27
B. “Deck” means a structure attached to a wall of a building designated, established, and/or28
installed to provide for entrance or exit, outdoor living, cooking, and/or recreation, some29
sides of which are open and which may or may not have a permanent overhead30
covering. (See definitions for “porch” and “veranda”.) 31
C. "Dedication" means the deliberate appropriation of land by an owner for any general and32
public uses, reserving to himself or herself no other rights than such as are compatible33
with the full exercise and enjoyment of the public uses to which the property has been34
devoted. 35
D. “Development” means a change in the use of any land, building, or structure for any36
purpose, and shall include the carrying out of any building, engineering construction or37
other operation in, on, over or under land, or the construction, addition or alteration of38
any building or structure. 39
E. “Development permits” means all permits and associated approvals administered by the40
City associated with development. 41
F. “Development regulations” means the controls placed on development or land use42
activities including but not limited to building codes, zoning, critical areas, shoreline43
master programs, official controls, and subdivisions, together with any amendments44
thereto. 45
G. “Director” means the city manager or designee appointed by the city manager to46
administer this title or parts of this title. 47
H. "Division of land" means any segregation of land that creates lots, tracts, parcels, or48
sites not otherwise exempted by this title that alters or affects the shape, size or legal49
description of any part of the owner’s land. 50
Attachment A
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I. “Driveway” means an area of the subject property designed to provide vehicular access1
to a parking area or structure contained on the subject property. 2
J. “Dwelling” means a building used or intended for residential occupancy. 3
K. “Dwelling Unit” means one or more rooms or structures providing complete, independent4
living facilities for one family, including permanent provisions for living, sleeping, cooking5
and sanitation. 6
20.12.60 “E” definitions. 7
8
A. “Easement” means a negotiated interest in the land of another which allows for the9
easement holder specified uses or rights without actual ownership of the land. 10
B. “Eave” means a roof overhang, free of enclosing walls, without supporting columns. 11
C. "Electric utility facilities", as used in Chapter 20.73 MMC, means unstaffed facilities12
except for the presence of security personnel that are used for or in connection with, or13
to facilitate the transmission, distribution, sale, or furnishing of, electricity including, but14
not limited to, electric power substations. 15
D. “Environmental review” means all reviews administered pursuant to Chapter 43.21 RCW16
and Chapter 18.04 MMC. 17
E. “Equipment housing structure” means the structure used to shelter equipment (i.e.: 18
electronics, cooling and heating devices, emergency generators, etc.) necessary for19
processing wireless communication signals including, but not limited to, vaults, cabinets20
and similar assemblies. 21
F. “Erosion” means the wearing away of the land surface by running water, wind, ice, or22
other geological agents, including such processes as gravitational creep. 23
G. “Excessive vegetation” means the following: 24
1. Weeds more than eight inches in height; 25
2. Uncared-for grass more than eight inches in height; and26
3. Any vegetation or weed that poses a health hazard, a fire hazard, or that impairs the27
view of a public road right-of-way or renders use of the road otherwise hazardous. 28
H. “Existing nonresidential building” means an existing building or structure that contains a29
nonresidential use or supports a nonresidential use. 30
31
20.12.070 “F” definitions. 32
33
A. “Family” means the immediate kindred made up of a person and spouse, their parents, 34
grandparents, children and the spouses thereof, and grandchildren and the spouses and35
children thereof. 36
B. "Family day care home" means a person regularly providing child care during part of the37
24-hour day to ten or fewer children (including those of the provider) in the family abode38
of the person or persons under whose direct care the children are placed. 39
C. “Fence” means a manmade wall or barrier constructed for the purpose of enclosing40
space or separating parcels of land. 41
D. “Floor area, gross” means the total floor area measured between the exterior faces of42
the exterior walls. 43
E. “Footprint” means the entire area of ground surface covered by a structure, including any44
areas directly beneath a structure that is above the ground surface, measured along the45
outer most parameter of the structure, including any outer elements such as gutters. 46
47
48
Attachment A
Page 10 of 116
20.12.080 “G” definitions. 1
2
A. “Gazebo” or “pavilion” means a fully or partly roofed or covered freestanding structure3
fully or partly open at the sides designed, established and installed to provide outdoor4
living, cooking and/or recreation. 5
B. “Golf course” means an area with at least 9 holes for playing golf, including improved6
tees, greens, fairways, hazards, and a driving range. Facility may include a clubhouse7
with related pro-shop, restaurant/food, and alcohol service. 8
C. “Grade, existing; existing grade” means the ground elevation existing on a lot at the time9
an application for a building or other development permit is filed at the city. 10
D. “Grade, finished; finished grade” means the ground elevation after any lot development11
is completed. 12
E. “Grade, original; original grade” means the natural ground elevation that existed prior to13
any lot development or manmade modifications in the first instance. (See MMC14
20.23.080.) 15
F. “Greenhouse” means a building wherein the temperature and humidity can be regulated16
for the cultivation of plants. 17
G. “Guests” means those who occupy upon invitation of the owner or lessee without charge18
or other consideration for such occupancy. 19
20.12.090 “H” definitions. 20
21
A. “Hardscape” means any inorganic decorative landscape materials, including but not22
limited to stones, boulders, cobbles, pavers, decorative concrete incorporated into an23
overall landscape design of the grounds. This definition includes, but is not limited to24
patios, walkways, steps, and other paved areas on the ground. 25
B. “Hearing body” means the body designated by the city council to preside over an open-26
record hearing or closed-record appeal. 27
C. "Hearing Examiner" means the person appointed pursuant to MMC 2.78.020 with the28
powers and duties prescribed in Chapter 2.78 MMC. 29
D. “Height” means a vertical distance measured between two points. 30
E. “Household staff” means individuals who spend more than 50 percent of their working31
time employed at the residence site and in no event work less than 20 hours per week, 32
including caregivers. For the purpose of this chapter, “household staff” includes the33
spouse and children of such an employee. 34
F. “Hot tub” means a hydro-massage pool, or tub for recreational or therapeutic use35
designed for immersion of users, and usually having a filter, heater, and motor-driven36
blower. 37
G. “Horticulture” means the occupation of cultivating plants, especially flowers, fruit, and38
vegetables. 39
40
20.12.100 “I” definitions. 41
42
A. “Impervious surface” means any hard surface area which either prevents or retards the43
entry of water into the soil mantle as it would otherwise enter under natural conditions44
preexisting to development, or any hard surface area which causes water to run off the45
surface in greater quantities or at an increased rate of flow as it would otherwise under46
natural conditions preexisting to development. Examples include impenetrable materials47
such as asphalt, concrete, brick, stone, wood and rooftops. 48
B. “Impervious surface area” means the total square feet of impervious surfaces located on49
a lot. 50
Attachment A
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1
20.12.130 “L” definitions. 2
3
A. “Landscape” means plant materials, topography, and other natural physical elements4
combined in relation to one another and to man-made structures. 5
B. “Landscaping” means the planting, removal and maintenance of vegetation along with6
the movement and displacement of earth, topsoil, rock, bark and similar substances7
done in conjunction with the planting, removal and maintenance of vegetation. 8
C. “Lane, private” means a developed private right-of-way which provides vehicle access to9
more than one lot abutting thereon. (See Chapter 20.91 MMC.) 10
D. “Lattice tower” means a support structure characterized by an open framework of lateral11
cross members which stabilize the structure. 12
E. "Lot" means (1) a fractional part of divided lands having fixed boundaries being of13
sufficient area and dimension to meet the minimum and maximum underlying zoning14
district requirements for width, area and street frontage; (2) land having fixed boundaries15
used as a “building site.” The term includes parcels and tracts. 16
F. “Lot area” means the dry land area of a lot, which is further defined as land area17
exclusive of shorelands, except those which by recession of water or bulkhead have18
become dry land above the high water level. 19
G. “Lot area, gross” means all areas within the boundaries of a lot. 20
H. “Lot area, net” means the lot area exclusive of the area of any vehicular private lane, 21
vehicular right-of-way, vehicular access easement, or any areas unbuildable due to the22
presence of critical areas as defined in Chapter 18.12 MMC. 23
I. “Lot, corner” means a lot situated at the intersection of, and abutting upon, the24
intersection of two or more streets, or the intersection of a street and a private lane, or25
upon two parts of the same street, provided the interior angle of intersection is not more26
than 135 degrees. In the case of a curved corner, the tangents at the street extremities27
of the side lot lines shall be used for forming the angle. 28
J. “Lot, through” means a lot bounded on two opposite sides by streets, provided, however, 29
that if any lot qualifies as being both a corner lot and a through lot, such lot shall be30
deemed to be a corner lot for the purposes of the zoning code. 31
K. “Lot line adjustment” means a minor movement of a property line between two or more32
adjoining parcels. Lot line adjustments are used to correct minor trespasses (such as33
building a shed over a property line) or to add acreage to a parcel for the owner’s34
convenience. 35
36
20.12.140 “M” definitions. 37
38
A. "Manufactured home" means a single-family dwelling required to be built in accordance39
with regulations adopted under the National Manufactured Housing Construction and40
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). 41
B. “Mechanical equipment” means any machine or system containing moving parts such as42
motors, valves, relay switches, compressors, fans or similar components, including, but43
not limited to those used to circulate and/or condition air, water, refrigerant, effluent or44
products of combustion. 45
C. “MMC” means Medina Municipal Code as adopted pursuant to Chapter 1.01 of the46
Medina Municipal Code. 47
D. “Monopole” means a single upright pole, engineered to be self-supporting that does not48
require lateral cross supports and is sunk into the ground and/ or attached to a49
foundation. 50
51
Attachment A
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20.12.150 “N” definitions. 1
2
A. “Net lot area” means: See definition of “lot area, net”. 3
B. “Nonconforming lot” means a lot that does not meet the lot area, width, or street frontage4
requirements of the zone in which it is located, but was lawfully created prior to the5
effective date of the zone or subsequent amendments thereto. 6
C. “Nonconforming structure” means any structure that does not comply with the required7
setbacks, height, structural coverage and other development regulations in which it is8
located, but was lawfully constructed prior to the effective date of the development9
regulation, or subsequent amendments thereto, and was continually maintained without10
abandonment as defined in this chapter. This term applies whether or not the11
nonconformity was permitted by a variance. 12
D. “Nonconforming use” means any activity, development, or condition that by the zone in13
which it is located is not permitted outright or permitted as an accessory use, or is not14
permitted by a conditional use permit or other special permitting process, but was15
lawfully created prior to the effective date of the zone, or subsequent amendments16
thereto, and was continually maintained without abandonment as defined in this chapter. 17
A nonconforming use may or may not involve structures and may involve part of, or all18
of, a structure or property. 19
20
20.12.160 “O” definitions. 21
22
A. “Occupancy” means the purpose for which a building is used or intended to be used. 23
The term shall also include the building or room housing such use. Change of24
occupancy is not intended to include change of tenants or proprietors. 25
B. “Offsite” means an activity or use that is related to a specific principle use, but is not26
located on the same site as the principle use. 27
C. “Onsite” means an activity or use that is related to a specific principle use, and is located28
on the same site as the principle use. 29
D. “Open-record appeal hearing” means an open-record hearing held on an appeal when30
no pre-decision hearing has been held on the project permit application. 31
E. “Open-record hearing” means a hearing that creates the city’s record through testimony32
and submission of evidence and information, under procedures prescribed by the city by33
ordinance or resolution. An open-record hearing held prior to the city’s decision on a34
project permit application shall be known as a “pre-decision hearing.” 35
F. “Outdoor mechanical equipment” means mechanical systems, including, but not limited36
to compressors, generators, heating systems, cooling systems, and similar mechanical37
devices that are located outside of a building. 38
G. “Overlay zone” means a set of zoning requirements that is mapped and is imposed in39
addition to those of the underlying zoning district. 40
H. “Owner” means one who has legal title to ownership, or an authorized agent of the41
owner who has written authorization to act on behalf of the owner, or a purchaser under42
a contract for the sale of real property. 43
44
20.12.170 “P” definitions. 45
46
A. “Parcel” means: see definition of lot. 47
B. “Park, public” means a natural, landscaped, or developed area, which may or may not48
contain structures, that is provided by a unit of government to meet the active or passive, 49
outdoor or indoor, recreational needs of people. 50
Attachment A
Page 13 of 116
C. “Parking area” means any area designed and/or used for parking vehicles and other1
motorized transportation. 2
D. “Parking space” means an area which is improved, maintained and used for the sole3
purpose of temporarily accommodating a motor vehicle that is not in use. 4
E. “Parties of record” means: 5
a. The applicant and any appellant; 6
b. The property owner, if different than the applicant; 7
c. The city; 8
d. Any person or public agency who individually submitted written comments to the city9
prior to the closing of the comment period provided in a legal notice; 10
e. Any person or public agency who individually submitted written comments for or11
testified at a pre-decision hearing; 12
f. Any person or public agency who submitted to the city a written request to13
specifically receive the notice of decision or to be included as a party of record prior14
to the closing of an open-record pre-decision hearing. 15
g. A party of record does not include a person who has only signed a petition. (See16
MMC 20.80.160.) 17
F. “Patio” means a hard surfaced area of the ground beyond a building designed, 18
established and/or installed to provide for outdoor living, cooking and recreation, some19
sides of which are open and which may or may not have a permanent overhead20
covering. 21
G. “Permit fee” means a payment of money imposed upon development as a condition of22
application for or approval of development to cover the costs of processing applications, 23
inspecting and reviewing plans or other information required to be submitted for purpose24
of evaluating an application, or inspecting or monitoring development activity. 25
H. “Person” means, as used in this title, any individual, partnership, association, 26
corporation, unit of government or any other legal entity. 27
I. “Personal wireless services” means the same as that phrase is given meaning pursuant28
to 47 USC §332(c)(7)(C)(i). 29
J. “Personal wireless service facilities” means the same as that phrase is given meaning30
pursuant to 47 USC §332(c)(7)(C)(ii). 31
K. “Planned Land Use Development (PLUD)” means the provisions for varying zoning32
requirements adopted by Ordinance No. 213 and repealed by Ordinance No. 435. 33
L. "Plat" means a map or representation of a subdivision, showing thereon the division of a34
tract or parcel of land into lots, blocks, streets and alleys, or other divisions and35
dedications. 36
M. "Plat certificate" means a title report or subdivision guarantee that is prepared by a title37
company for the property contained in a proposed short subdivision, subdivision or38
binding site plan, to include, as a minimum, all owners of record, easements and39
encumbrances affecting said property. 40
N. "Plat, final" means the final drawing of the subdivision and dedication prepared for filing41
for record with the County Auditor and containing all elements and requirements set forth42
in this chapter and Chapter 58.17 RCW. 43
O. "Plat, preliminary" means a neat and approximate drawing of a proposed subdivision44
showing the general layout of streets and alleys, lots, blocks, and other elements45
consistent with the requirements of this chapter. The preliminary plat shall be the basis46
for the approval or disapproval of the general layout of a subdivision or short subdivision. 47
P. "Plat, short" means the map or representation of a short subdivision. 48
Q. “Porch” means a structure abutting a main wall of a building having a roof, but with walls49
that are generally open and unenclosed and with direct access to or from a building. An50
Attachment A
Page 14 of 116
uncovered porch is similar to an uncovered deck, but provides main access to or from a1
building. (See Deck and Veranda.) 2
R. “Premises” means the same as the definition in MMC 8.04.010(D). 3
S. “Profit” means the value difference in what a building or structure is worth as a result of4
improvements made to the building or structure, and the cost of replacement of the5
building or structure. For the purpose of this chapter “profit” shall be an estimate. 6
T. “Property line” means the legal boundary of a parcel of land. 7
U. “Property line, front” means, unless otherwise set forth in this title, the property line8
contiguous with the street right-of-way. 9
V. “Property line, rear” means, unless otherwise set forth in this title, any property line other10
than the front property line which is parallel to the front property line or within 45 degrees11
of being parallel to the front property line. 12
W. “Property line, side” means any property line that is not a front or rear property line. 13
X. “Project permit” or “project permit application” means any land use or environmental14
permit or license required from the city for a project action, including but not limited to15
building permits, subdivisions, conditional/special uses, shoreline permits, site plan16
review, permits or approvals required by critical area ordinances, site-specific rezones17
authorized by a comprehensive plan, tree removal permits, and right-of-way permits, but18
excluding the adoption or amendment of a comprehensive plan, subarea plan, or19
development regulations. 20
Y. “Public meeting” means an informal meeting, hearing, workshop, or other public21
gathering of persons to obtain comments from the public or other agencies on a22
proposed project permit prior to the city’s decision. A public meeting does not include an23
open-record hearing. The proceedings at a public meeting may be recorded and a report24
or recommendation may be included in the city’s project permit application file. 25
Z. “Public safety use” means police, fire and similar emergency services provided by a26
public entity. 27
28
20.12.190 “R” definitions. 29
30
A. “Reconstruction” means to undertake construction within and/ or on an existing structure31
which has a valid construction permit with fair-market construction costs greater than 6032
percent of the replacement cost of the existing structure being enlarged, extended, 33
repaired, remodeled, or structurally altered. All project phases necessary to result in a34
habitable building must be included. The calculation for fair market construction costs35
shall include all costs of construction associated with the structure for a period beginning36
on the date of permit issuance and ending 18 months after the date the permit is37
finalized by the City. 38
B. “Recreational facility” means a place designed and equipped for the conduct of sports, 39
leisure time activities and other customary and usual recreational activities. 40
C. “Religious facility” means an establishment for the purpose of public worship where the41
principal building or other structure contains the sanctuary or principal place of worship, 42
and which includes related accessory uses. 43
D. “Replacement cost” means the square footage of the structure multiplied by local44
building costs per square foot for the type of structure, or a similar method of calculation. 45
E. “Residential use property” means all portions of any property which contain a residence46
and all portions of any vacant property which is zoned for residential use, including47
property located in adjoining jurisdictions. 48
F. “Responsible person” means the same as “person responsible for a violation” set forth in49
MMC 1.15.020(B). 50
G. “Retaining wall” means a structure constructed to hold back or support an earthen bank. 51
Attachment A
Page 15 of 116
H. “Right-of-way” means a public or private area that allows for the passage of people or1
goods. Right-of-way includes passageways such as freeways, streets, bike paths, 2
alleys, and walkways. A public right-of-way is a right-of-way that is dedicated or deeded3
to the public for public use and under the control of a public agency. 4
I. “Rockery” means a soil retaining or stabilizing structure composed of stacked rock that is5
not attached together by any bonding agent, such as mortar. 6
7
20.12.200 “S” definitions. 8
9
A. “School” means a school operation with 13 or more attendees at any one time, not10
including immediate family members who reside in the school or employees. 11
B. “School operation” means any institution of learning, excluding those offering post -12
secondary education, offering instruction in the several branches of learning and study13
required by the Basic Education Code of the State of Washington to be taught in the14
public, private and parochial school. 15
C. “Security barrier” means an obstruction, such as fences, walls, vegetation and similar16
elements that restricts public access. 17
D. “SEPA” means: See definition of “State Environmental Policy Act”. 18
E. “Service area” means the vicinity around a wireless communication facility that19
effectively receives signals from and transmits signals to the facility. 20
F. “Setback” means the minimum distance from the property line to where a structure may21
be built. (See 20.22.030.) 22
G. “Setback area” means the area of a lot or building site between the property line and the23
limits set by City regulations within which no permanent structure may intrude unless24
allowed otherwise by law. 25
H. “Sign” means any medium visible to the public including its structure and component26
parts which is used or intended to be used out of doors to convey a message to the27
public or otherwise attract attention to its subject matter, for advertising or any other28
purposes. 29
I. “Sign area” means all faces of a sign which include a message, logo or other30
identification. 31
J. “Sign, permanent; permanent sign” means any sign which is affixed, directly or indirectly32
to the ground or to any permanent structure or building, including fences, in such a33
manner that it cannot be moved or transported with ease, and which is intended to34
remain in one location and position for an extended period of time. 35
K. “Sign, temporary; temporary sign” means any sign which is not permanently affixed, 36
directly or indirectly, to the ground or any permanent structure or building and which is37
capable of being moved or transported with ease. 38
L. “Significant gap in service coverage” means a large geographical service area in which a39
large number of remote user subscribers are unable to connect or maintain a connection40
to the national telephone network through a telecommunication carrier’s wireless41
communication network. A “dead spot” (defined as small areas within a service area42
where the field strength is lower than the minimum level for reliable service) does not43
constitute a significant gap in services. 44
M. “Single-family dwelling” means a detached dwelling house that is limited in design to the45
accommodation of one family, its household staff and guests. A single-family dwelling46
may have accessory recreational buildings in addition to a detached garage which may47
include a beach and/or playhouse and having no more than one room plus a bathroom48
and otherwise not designed for habitation. A single-family dwelling may be occupied by49
the members of one family alone, its guests and household staff; provided, however, that50
it is not a violation of this title for the renter or owner of any dwelling to provide lodging51
Attachment A
Page 16 of 116
for persons not attached to the renter’s or owner’s family so long as such use is1
incidental to the use of the dwelling for residence purposes. 2
N. “Spa” means see definition under “Hot Tub”. 3
O. “Sport court” means an area of ground defined by permanent surfacing, equipment4
and/or fencing for the purpose of playing tennis, badminton, basketball and similar social5
games. 6
P. "State Environmental Policy Act (SEPA)" means environmental review procedures7
required under Chapter 43.21C RCW , Chapter 197-11 WAC, and Chapter 18.04 MMC. 8
Q. “Story” means that portion of a building included between the upper surface of any floor9
and the upper surface of the floor next above, except that the topmost story shall be that10
portion of a building included between the upper surface of the topmost floor and the11
ceiling or roof. 12
R. “Street” means a right-of-way, opened or unopened, that is intended for motor vehicle13
travel or for motor vehicle access to abutting property. Street includes all the area within14
the right-of-way, such as roadways, parking strips, and sidewalks. For the purposes of15
the zoning code, street shall not include private lanes. 16
S. “Street frontage” means the property line abutting streets. 17
T. “Structural coverage” means the area of a lot covered by structures. (See MMC18
20.23.030.) 19
U. “Structure” means that which is erected, built or constructed, including an edifice or20
building of any kind, or any piece of work artificially built up or composed of parts joined21
together in some definite manner. 22
V. "Subdivision" means the division or re-division of land into five or more lots, tracts, 23
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. 24
W. “Subdivision, accumulative short” means multiple short subdivisions of contiguous25
existing lots held under common ownership, which would result in the creation of five or26
more lots within a five-year period of the initial short subdivision approval. “Ownership” 27
for the purpose of this definition means ownership as established at the date of the initial28
short subdivision approval. 29
X. "Subdivision, short" means the division or re-division of land into four or fewer lots, 30
tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. 31
Y. “Substantial destruction” means to remove more than 60 percent of the existing exterior32
wall framing of a structure, as measured by the horizontal linear length of all existing33
exterior walls. Any partial removal of existing framing shall count towards the34
measurement of horizontal linear length the same as if the entire framing within that35
horizontal linear length was removed, except partial removal shall not include36
replacement of windows or doors when no beams or struts are removed. For the37
purpose of substantial destruction, existing exterior walls shall exclude exterior walls38
built less than 18 months prior to submittal of a building permit application. The39
calculation of the 18 months shall include to the time after the date the last permit40
involving construction of a new exterior wall was finalized by the City. 41
Z. “Substantially” means significant in the size or amount and has a noticeable impact on42
the current situation to a degree that would satisfy a reasonable person as significant. 43
AA. “Support structures” means the structure to which antennas and other necessary44
associated hardware are mounted, including, but not limited to lattice towers, 45
monopoles, utility support structures, and existing nonresidential buildings. 46
BB. “Swimming pool” means any artificially constructed water-holding device that has a47
minimum depth of 42 inches and is of sufficient size for swimming, wading, immersion, 48
or therapeutic purposes. 49
50
51
Attachment A
Page 17 of 116
20.12.210 “T” definitions. 1
2
A. “Temporary public facility” means a land use and/or facilities owned, operated, and3
maintained temporarily by a City government agency, a public or nonprofit school, or4
religious organization. 5
B. “Terrace” means a level platform or shelf of earth supported on one or more faces by a6
wall, bank of turf, stable inclined grades, or the like. 7
C. "Title report" means the written analysis of the status of title to real property, including a8
property description, names of titleholders and how title is held (joint tenancy, etc.), 9
encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real10
property taxes due. 11
D. "Tract" means an extended area of land reserved exclusively for a special use such as12
open space, surface water retention, utilities, or access. Tracts reserved for a special13
use are not considered building sites. 14
E. “Treasure, County” means the person defined in Chapter 36.40 RCW, or the office of the15
person assigned such duties under the King County Charter. 16
F. “Truck gardening” means the same as “market gardens”, which is the small-scale17
production of fruits, vegetables and flowers, frequently sold directly to consumers. 18
19
20.12.220 “U” definitions. 20
21
A. “UDC” means Unified Development Code as set forth in Title 20 MMC. 22
B. “Uncovered” means, when used in conjunction with a structure such as decks, stairs, 23
patios, etc., means open above and without cover. 24
C. “Use” means any activity, occupation, business or operation carried out, or intended to25
be carried on, in a building or other structure or on a parcel of land. 26
D. “Use, accessory” means: See definition of “Accessory”. 27
E. “Use, principle” means the main or primary purpose for which a building, other structure28
and/ or lot is designed, arranged, or intended, or for which may be used, occupied or29
maintained under the Medina Municipal Code. 30
F. “Utility support structure” means poles that support street lights, and poles used to31
supporting electrical, telephone, cable or other similar facilities. These poles are32
typically constructed of wood, steel, concrete and composite materials. 33
34
20.12.230 “V” definitions. 35
36
A. “Valuation” means the determination of value made by the building official or designee of37
the total work, including materials, labor, overhead and profits for which a permit is38
issued, such as electrical, gas, mechanical, plumbing equipment and permanent39
systems. 40
B. “Vegetation” means any organism of the vegetable kingdom, including grasses, herbs, 41
shrubs, and trees. Weeds are excluded from the definition of “vegetation.” 42
C. “Veranda” means an open-roofed platform projecting from the exterior wall of a building. 43
See definitions for “deck” and “porch”.) 44
D. “View-shed” means the environment that is visible from one or more viewing points. 45
46
20.12.240 “W” definitions. 47
48
A. “Wall framing” as used when applied to nonconformity, means the assemblage of beams49
and struts that provide a support structure to which interior and exterior wall coverings50
Attachment A
Page 18 of 116
are attached. Wall framing shall not include the horizontal ceiling joists and sloping1
rafters used for the roof. 2
B. “Weed” means plants considered unwanted, undesirable, or troublesome. 3
C. “Wireless communication facility” means a facility designed and used for the purpose of4
transmitting, receiving, and relaying voice, video and data signals from various wireless5
communication devices. This may include any combination of antennas, ancillary6
facilities, equipment housing structures, support structures, and security barriers. 7
8
20.12.270 “Z” definitions. 9
10
A. “Zero-elevation surface” means a vertical reference point such as sea level to which11
heights of various points are referred in order that those heights are in a consistent12
system. 13
B. “Zone; zoning” means an area delineated on the “Official Zoning Map” which in14
accordance with the provisions of this ordinance, certain uses of lands, buildings and15
structures are permitted and prohibited, and which certain requirements are16
established for uses, buildings and structures. (See Chapter 20.20 MMC.) 17
18
Attachment A
Page 19 of 116
Chapter 20.141
Development Permit Fees2
3
Sections: 4
20.14.010 Purpose. 5
20.14.020 Applicability. 6
20.14.030 General provisions. 7
20.14.040 Fee schedule. 8
20.14.050 Building and structure valuation. 9
20.14.060 Consultant Costs. 10
20.14.070 Advanced deposit for consultant services. 11
20.14.080 Disputes. 12
13
20.14.010 Purpose. 14
15
The purpose of this chapter is to prescribe reasonable fees and fee collection to cover the16
cost of services associated with the processing of development applications, inspecting, and17
reviewing plans, and conducting environmental review. 18
19
20.14.020 Applicability. 20
21
Development permit fees shall compensate the City for building, engineering and land use22
services associated with the processing, review and inspection of: 23
A. Residential and commercial building permit applications; 24
B. Grading and drainage permit applications; 25
C. Right-of-way permits; 26
D. Tree removal permits; 27
E. Shoreline permit applications and exemptions; 28
F. State Environmental Policy Act (SEPA) compliance; 29
G. Critical areas review; 30
H. Preliminary and final subdivisions and short subdivisions; 31
I. Lot line adjustments; 32
J. Variances and minor deviations, conditional and special use permits, zone33
reclassifications, temporary use permits; 34
K. Site plan review; 35
L. Code of conduct and tailored construction mitigation plans; 36
M. Amendments to the comprehensive plan or shoreline master program; 37
N. Code amendments and amendments to the Official Zoning Map; 38
O. Other project-permits listed in the tables set forth in MMC 20.80.060; and39
P. Other permits or approvals that reference this chapter. 40
41
20.14.030 General provisions. 42
43
A. The Director may establish administrative rules to implement the provisions of this44
chapter. 45
B. Fees are due and payable at the time of application for services or the due date stated46
on the City’s invoice. 47
C. A late penalty payment equal to one percent of the delinquent unpaid balance, 48
compounded monthly, may be assessed on any delinquent unpaid balance. 49
D. Unless otherwise required by law, development permit and environmental review fees50
shall be assessed at the fee rate in effect at the time the fee is collected. 51
Attachment A
Page 20 of 116
E. Administrative fees are not refundable. Other service fees are refundable in proportion1
to the amount of work performed as of the date an application is withdrawn by an2
applicant. 3
F. Whenever a planning, building or engineering plan review or inspection results in more4
than one correction notice, second and subsequent corrections shall be charged a fee5
for additional services at an hourly rates established by the fee schedule. 6
G. Waivers from development fees may be granted to qualifying applicants pursuant to7
Chapter 3.60 MMC. 8
9
20.14.040 Fee schedule. 10
11
A. Development permit fees shall be set in a manner to reasonably cover as close as12
possible the actual cost of providing the services prescribed in MMC 20.14.020. This13
shall include consultant costs. 14
B. The Director has authority to establish a fee schedule and to increase or decrease fees15
consistent with the provisions of this chapter to compensate the City for services related16
to development and conducting environmental review. 17
C. The fee schedule and any modifications thereto shall be submitted to the City Council for18
consideration. The City Council shall review the fee schedule and may approve, reject19
or modify the proposed fee schedule or any modifications thereto. 20
21
20.14.050 Building and structure valuation. 22
23
Fees for the review of buildings and structures, including additions and modifications, shall24
be calculated using the fee rate table adopted in the fee schedule pursuant to MMC25
20.14.040 and the following methods of determining permit valuation: 26
A. Valuation for new construction and/ or additions for Group R, Division 3 Occupancy27
Residential one- and two-family) shall be based on Table 20.14.050, except as provided28
in MMC 20.14.050(B): 29
30
Table 20.14.050 Valuation Table31
Range for Value per Square Foot
Middle Lower
Main Floor Area $336 $250
Upper Floor Area $336 $250
Lower Floor Area $336 $250
Storage/ Unconditioned
Garage Area
125 $105
Unfinished Space $323 $227
Finished Basement Area $359 $283
Porch Area – Uncovered $76 $71
Porch Area– Covered $160 $145
Decking Area – Uncovered $35 $25
Decking Area – Covered $100 $75
32
1. The applicable value shall be applied based on the type of construction and work33
being performed. 34
2. The building official must approve which value in the table to apply in calculating35
valuation. 36
Attachment A
Page 21 of 116
B. When a permit for Group R, Division 3 Occupancy (Residential one- and two-family) new1
construction or addition has a valuation greater than $2.5 million, it shall have the2
valuation determined pursuant to MMC 20.14.050(C). 3
C. For those items not covered by the valuation table in MMC 20.14.050, including all areas4
of remodel, the valuation shall be determined by the applicant providing an estimate5
value at the time of application. All fair-market value for labor and materials, equipment; 6
architectural and engineering design work, contractor management expenses, agent7
administration expenses, profit, and overhead necessary to complete the project shall be8
included in the estimate. Sales tax and permit fees shall not be included. 9
D. Final valuation shall be set by the building official consistent with the provisions of this10
chapter. If, in the opinion of the building official, the valuation provided by the applicant11
is underestimated on the application, or if subsequently the application is changed in a12
manner that significantly affects valuation, the building official may require a detailed13
estimate, or may require a new valuation estimate that must be approved by the building14
official. 15
E. Permit fees based on valuation shall use final valuation for assessing fees to be paid. 16
17
20.14.060 Consultant Costs. 18
19
In addition to City staff, the City utilizes the services of consultants in the processing of20
development applications, inspecting, and reviewing plans, and conducting environmental21
review. 22
A. When referred to in the fee schedule, consulting costs shall include all costs incurred by23
the City for services for consultants retained by the City in relation to permits. 24
B. Costs shall include the hourly cost to the City for the consultants’ services plus any25
administrative costs and incidental costs associated with the consultant’s services. 26
C. Consultant costs may also include those costs incurred when an applicant requests a27
pre-development meeting, or when requesting assistance in clarifying the status or28
permitted use of property or easement. 29
D. The general provisions set forth in MMC 20.14.030 for development fees shall apply to30
consultant costs where applicable. 31
32
20.14.070 Advanced deposit for consultant services. 33
34
A. The City may require an applicant to pay in advance a deposit for consultant services. 35
B. The City shall, within a reasonable time, provide to the applicant the fee estimate for36
consultant services upon which the deposit will be based. 37
C. The deposit shall not exceed 100 percent of the total actual or estimated cost of the38
review and inspection of a permit application. 39
D. The City may withdraw funds from the deposit to compensate for the cost of consultant40
services as those consultant costs are incurred by the City. 41
E. The City may require the applicant to provide additional payments to the deposit42
whenever the cost to complete review and inspection on a permit is anticipated to43
exceed the available funds in the deposit. The provision set forth in MMC 20.14.070(C) 44
shall apply to subsequent payments. 45
F. The City may refuse to issue or continue processing any permit, or perform any46
inspection, if a requested deposit payment remains unpaid. 47
G. The City shall not be obligated to pay interest on deposits. Any unspent funds remaining48
after all permits and approval on a project are final shall be refunded to the applicant. 49
50
51
Attachment A
Page 22 of 116
20.14.080 Disputes. 1
2
A. An applicant disputing a fee estimate or the payment of fees shall first attempt to resolve3
the matter with the Director. The applicant shall submit the dispute in writing and the4
Director shall issue a decision on the dispute in writing. 5
B. If the applicant is aggrieved by the Director’s decision, they may appeal the decision to6
the hearing examiner pursuant to MMC 20.80.220. 7
C. The burden is on the applicant to demonstrate that the fee estimate or estimate revision8
is unreasonable. The hearing examiner shall affirm the Director’s decision unless the9
examiner determines that the decision was unreasonable. 10
D. If the hearing examiner determines the fee estimate or payment of certain fees was11
unreasonable, the hearing examiner may modify the fee estimate, or provide other relief12
as reasonably necessary. The hearing examiner’s decision is final. 13
E. If the hearing examiner determines that the applicant is the substantial prevailing party, 14
the City shall refund the appeal fee. 15
F. An appeal of fee under this chapter shall be limited only to the City’s application of16
permit fees to the applicant’s permit and approval. An applicant may not challenge in an17
appeal under this chapter the permit fees as adopted in the fee schedule, or any other18
code requirements. 19
20
21
Attachment A
Page 23 of 116
Chapter 20.161
Enforcement2
3
Sections: 4
20.16.010 Scope of unlawful activity. 5
20.16.020 Violations and enforcement. 6
20.16.030 Prohibition of further permits or approvals. 7
8
20.16.010 Scope of unlawful activity. 9
10
A. This title shall be enforced for the benefit of the health, safety, and welfare of the general11
public, and not for the benefit of any particular person or class of persons. 12
B. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, 13
move, remove, convert, demolish, use, occupy, or maintain any structure or use of land, 14
or any portion, in violation of the provisions of this title. The violation shall exist until the15
unlawful act and/or unlawful use has been remedied or abated. 16
17
20.16.020 Violations and enforcement. 18
19
It is the duty of the Director to enforce the provisions of this title, except where specified20
otherwise by law. 21
A. Violation of any provision of this title shall constitute a civil or criminal violation subject to22
the enforcement provisions set forth in Chapter 1.15 MMC for which a monetary penalty23
may be assessed and abatement may be required24
B. In addition to the procedures prescribed in Chapter 1.15 MMC, enforcement actions may25
include one or more of the following: 26
1. Withhold or revoke land use and shoreline permits or approvals; 27
2. Withhold or revoke building permits for construction or alteration of a structure, 28
3. Withhold or revoke other approvals set forth in this title; and/ or29
4. Abatement action pursuant to Chapter 8.04 MMC. 30
31
20.16.030 Prohibition of further permits or approvals. 32
33
A. The City shall not accept, process, or approve any application for a permit or approval, 34
or issue a certificate of occupancy for property on which a violation of this title has35
occurred until the violation is cured by restoration or other means accepted by the36
Director and by payment of any penalty imposed for the violation. 37
B. This prohibition on further permits or approvals does not apply to those permits or38
approvals that involve curing the violation. 39
40
41
Attachment A
Page 24 of 116
Subtitle 20.21
Land Use2
3
Chapter 20.204
Establishment of Zoning5
6
Sections: 7
20.20.010 Comprehensive plan and zoning. 8
20.20.020 Adoption of Official Zoning Map. 9
20.20.030 Zoning map Interpretations. 10
11
20.20.010 Comprehensive plan and zoning. 12
13
A. The comprehensive plan establishes a community vision for a high-quality single-family14
residential setting and the coordinating goals and policies that support this vision. 15
Development regulations implement the comprehensive plan by specifying how and for16
what purpose each parcel of land may be used. 17
B. Table 20.20.010 prescribes the relationship between the comprehensive plan and18
zoning designations by identifying the comprehensive plan land use designation and the19
corresponding implementing zoning designations. 20
21
Table 20.20.010: Comprehensive Plan and Zoning22
Comprehensive
Plan Land Use
Designation
Implementing Zone Designations
Single Family
Residential
Single-family Residence – R16
Single-family Residence – R20
Single-family Residence – R30
Suburban Gardening Residential SR30
Local Business
Single-family Residence – R16
Suburban Gardening Residential SR30
Neighborhood Auto Servicing
Public Facility Single-family Residence – R16
Parks and Public Places
School/ Institution Parks and Public Places
Utility All
Park All
Open Space All
23
20.20.020 Adoption of Official Zoning Map. 24
25
A. The land use and circulation map, amended as of March 9, 1992, and adopted by26
Ordinance 555, including amendments thereto, shall serve as the City of Medina Official27
Zoning Map. Said map and all notations, references, data and other information shown28
on the Official Zoning Map are adopted and made part of the UDC. 29
B. The City is divided into the following zoning districts, which are shown on the Official30
Zoning Map: 31
1. Single-family Residence R16 (R-16); 32
2. Single-family Residence R20 (R-20); 33
3. Single-family Residence R30 (R-30); 34
Attachment A
Page 25 of 116
4. Suburban Gardening Residential SR30 (SR-30); 1
5. Neighborhood Auto Servicing (N-A); and2
6. Park and Public Places (Public). 3
C. The following special zoning map overlays are established and shown on the Official4
Zoning Map: 5
1. Neighborhood Character Preservation District – Medina Heights (Medina Heights) as6
adopted by Section 1 and Section 2 of Ordinance No. 624; and7
2. Planned Land Use Development (PLUD). 8
D. In addition to the zoning districts and special zoning map overlays, a Primary State9
Highway designation shall apply to the SR 520 right-of-way and shown on the Official10
Zoning Map. 11
12
20.20.030 Zoning map Interpretations. 13
14
The Director shall use the following criteria to interpret the official zoning map: 15
A. Where a zone boundary is indicated as approximately following a property line, the16
property line is the zone boundary; 17
B. Where a zone boundary is indicated as following a street or other right-of-way, the18
centerline of the street or right-of-way is the zone boundary; 19
C. Where a zone abuts or extends into a lake, the zone boundary extends into that body of20
water to the full limit and territorial extent of the jurisdiction and control of the City; and21
D. Where a zone boundary is not indicated to follow a property line, street, or other right-of-22
way, the boundary line is as drawn, based on the scale shown on the Official Zoning23
Map. 24
25
26
Attachment A
Page 26 of 116
Chapter 20.211
Use and Occupancy Development Regulations2
3
Sections: 4
20.21.010 Purpose. 5
20.21.020 Permitted uses, prohibited uses. 6
20.21.030 Use table. 7
20.21.040 Accessory uses. 8
20.21.050 Similar uses. 9
10
20.21.010 Purpose. 11
12
This chapter establishes the use and occupancy of premises that are permitted in each13
zoning district. 14
15
20.21.020 Permitted uses, prohibited uses. 16
17
Uses listed in Table 20.21.030 are subject to the following: 18
A. Uses listed with a “P” are permitted outright, subject to applicable development19
regulations; 20
B. Uses listed with an “L” are limited uses and are permitted subject to the applicable21
regulations in Chapter 20.31 MMC and other applicable development regulations; 22
C. Uses listed with an “A” are administrative uses and are permitted subject to an23
Administrative Special Use Permit or Administrative Conditional Use Permit and24
applicable development regulations; 25
D. Uses listed with a “SU” are special uses and are permitted subject to a Non-26
administrative Special Use Permit and applicable development regulations; 27
E. Uses listed with a “CU” are conditional uses and are permitted subject to a Non-28
administrative Conditional Use Permit and applicable development regulations; 29
F. Uses listed with an “H” are historical uses and are permitted subject to a Historical Use30
Permit and applicable development regulations; 31
G. Uses listed in the table, but are shown as blank in the column under a specific zone, are32
prohibited in that zone; 33
H. Uses not listed in the table are prohibited, except as may be allowed by MMC 20.21.04034
or MMC 20.21.050; 35
I. Review procedures for deciding project permit applications are found in Chapters 20.7036
through 20.72 MMC. 37
38
20.21.030 Use table. 39
40
Table 20.21.030 establishes those uses which are permitted, those uses subject to specific41
development standards, and those uses requiring special approval and that are prohibited42
within each zoning district. 43
44
Attachment A
Page 27 of 116
1
Table 20.21.030: Land Use Table2
Uses
R-
16
Z
o
n
e
R-
20
Z
o
n
e
R-
30
Z
o
n
e
SR
30
Z
o
n
e
NA
Z
o
ne
Pu
blic
Z
on
e
Residential Uses
Accessory Dwelling Units P P P P P P
Accessory Recreational Facilities A A A A A A
Accessory Recreational Facilities – Minor L L L L L L
Accessory Uses – On-site P P P P P P
Accessory Uses – Off-site L L L L L L
Adult Family Home L L L L L L
Detached, Single-family Dwelling P P P P P P
Family Day Care Home L L L L L L
Manufactured Home L L L L L L
Non-residential Uses
Automobile Service Station L
Automobile Mechanical Repair L
Commercial Horticulture/ Truck Gardening/
Agriculture, excluding the raising of animals L
Clubhouse Public/ Private SU SU
Golf Course SU
Historical Use H H
Home Business L L L L P P
Public & Institutional Uses
City Government Facilities CU
Post Office SU
Public Safety CU
Public Park P P P P P P
Electrical Power & Utility Substation SU SU SU SU SU SU
Accessory recreational facilities – public P P P P P P
Religious Facility SU SU SU SU SU SU
School public/ private (preschool to grade 12) SU
Temporary City Government Facilities L L L L P P
Wireless Communication Facilities SU SU SU SU SU
Shoreline Uses
See Chapter 20.62 MMC for a list of uses within the shoreline jurisdiction
See MMC 20.21.020 for explanation of “P”, “L”, “A”, “SU”, “CU”, and “H”.
3
4
Attachment A
Page 28 of 116
20.21.040 Accessory uses. 1
2
A. Accessory uses listed in Table 20.21.030 and elsewhere in the UDC are allowed3
consistent with MMC 20.21.020 and Table 20.21.030. 4
B. Accessory uses not listed in Table 20.21.030 or elsewhere in the UDC may be allowed5
provided the Director determines the accessory use is a customary and incidental use to6
the principal use. 7
C. Except where expressly provided for otherwise in Table 20.21.030, accessory uses shall8
be permitted the same as the principal use. The Director may waive this for an9
accessory use established after the time the principle use is established involving a10
SU”, “CU” or “H” from the table if: 11
1. The principal use complies with the permit requirement in Table 20.21.030; 12
2. The accessory use is within the scope and intent of the original permit as determined13
by the Director; and14
3. The addition of the accessory use will not result in the use of the land as a whole to15
have a detrimental effect on neighboring properties and streets due to noise, lighting, 16
off-site traffic generation, and similar negative impacts. 17
D. There is no limit on the number of accessory uses that may be associated with a18
principal use, subject to other limitations in the Medina Municipal Code. 19
E. Except where expressly allowed off-site in MMC 20.34.030, accessory uses shall be20
located on the same lot as the principal use. 21
22
20.21.050 Similar uses. 23
24
A. Whenever a proposed use is not listed in Table 20.21.030, it may be allowed if the25
Director determines the proposed use is a similar use to that of a use listed in Table26
20.21.030 for that particular zone. 27
B. A request for a determination of similar use shall be submitted to the City in writing. The28
determination of similar use shall be processed as a Type 1 decision pursuant to the29
review procedures in Chapter 20.80 MMC. 30
C. The Director shall consider the scale, visual impacts, traffic generation, relationship to31
surrounding uses, and other factors which influence and/ or define the nature of the use32
in making a determination. 33
D. If the Director determines the proposed use is similar to a use in Table 20.21.030, the34
proposed use shall be allowed subject to the same requirements as the use in Table35
20.21.030 it is found to be similar too. 36
37
38
Attachment A
Page 29 of 116
Chapter 20.221
Lot Development Standards2
3
Sections: 4
20.22.010 Purpose. 5
20.22.020 Lot development standards. 6
20.22.030 Building and structure setbacks. 7
20.22.040 Protrusions into setback areas. 8
20.22.050 Corner lot optional setback. 9
20.22.060 Property lines defined as rear and side. 10
11
20.22.010 Purpose. 12
13
This chapter establishes development standards applicable to lots and setbacks. 14
15
20.22.020 Lot development standards. 16
17
A. The pertinent requirements for minimum net lot area, minimum lot width, and minimum18
street frontage applicable to each lot is determined by the zoning district in which the lot19
is located and the corresponding standards in Table 20.22.020. 20
21
Table 20.22.020: Lot Development Standards22
Zoning
District
Minimum
Net Lot Area
Minimum
Lot Width
Minimum
Street
Frontage
R-16 16,000 sq. ft. 70 ft. 70 ft.
R-20 20,000 sq. ft. 70 ft. 70 ft.
R-30 30,000 sq. ft. 90 ft. 90 ft.
SR-30 30,000 sq. ft. 90 ft. 90 ft.
N-A 16,500 sq. ft. 135 ft. 135 ft.
Public None None None
23
B. The lot width is determined by calculating the average horizontal distance between the24
side lot lines where the building envelope is located. If a lot has an irregular shape (i.e.: 25
less than two side property lines) or is a corner lot, lot width is determined by calculating26
the average horizontal distance between the longer dimensional lot lines where the27
building envelope is located. 28
C. The street frontage is determined by measuring the distance of the property line29
adjoining a street subject to the following conditions: 30
1. Where a lot lies outside the curve of a street or private lane in such a manner as to31
have a property line curved inward such as a cul-de-sac, the street frontage is32
determined by calculating the average width of the lot measured parallel to the chord33
of the arc of such frontage over the depth of such lot or the first 150 feet thereof, 34
whichever is less. (See Figure 20.22.020.) 35
36
Attachment A
Page 30 of 116
Figure 20.22.020 Curved Street Frontage1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
2. Where a lot has a property line adjoining more than one street, the street frontage is16
determined using the property line adjoining the greater street length; and17
3. The requirements for street frontage shall not apply to flag lots, or lots located at the18
terminal end of a street or private lane provided emergency vehicle access and19
turnaround requirements are met. 20
4. The requirements for street frontage for lots fronting on a private lane are prescribed21
in Chapter 20.91 MMC. 22
D. In the R-20 and R-30 zones, where a single lot contains high bank steep slopes and has23
more than the minimum net lot area required in Table 20.22.020(A), the lot may be24
divided to create two lots with one or both lots having less than the required minimum25
net lot area provided: 26
1. Lots adjoining the single lot being divided are owned and/ or controlled by a person27
or entity different then the owner of the subject single lot being divided; 28
2. No more than two lots result from the division; 29
3. Each lot has at least the greater between 85 percent of the minimum net lot area30
required by the zoning district in which the lot is located, or 16,000 square feet; 31
4. There is a difference in elevation of at least 25 feet between the average elevations32
of the area within the building envelope of each lot; 33
5. Restrictive covenants are recorded on each lot that state: 34
a. No structure or building on (insert legal description of the lot with the higher35
average elevation here) shall be placed in a manner where the elevation of the36
lowest point of the foundation above the ground surface is less than the elevation37
of the highest point of an existing or future structure or building on the lot with the38
lower average elevation; and39
b. No structure or building on (insert legal description of the lot with the lower40
average elevation here) shall be placed in a manner where the elevation of the41
highest point of an existing or permitted future structure exceeds the elevation of42
the lowest point of the foundation above the ground surface on the building or43
structure on the lot with the higher average elevation; and44
6. A non-administrative variance is approved pursuant to MMC 20.72.030, except the45
conditions set forth in MMC 20.22.020(D)(1) through (5) shall be used in deciding the46
variance. 47
48
49
Cul-de-sac
Cord
Average Width
Up to 150 feet
Width
Measurements
Width
Measurements
Property
Line
Property
Line
Attachment A
Page 31 of 116
20.22.030 Building and structure setbacks. 1
2
A. Table 20.22.030 establishes the minimum distance required for any part of any building3
or structure to be setback from the pertinent property line. The minimum setback4
requirements are applied to each lot by the square footage of the lot area and the5
corresponding setback standards in the table. (See definition of “lot area” and the6
definitions of “property lines” in Chapter 20.12 MMC and Figures 20.22.030(B) and (C) 7
for establishing and delineating setbacks.) 8
9
Table 20.22.030: Minimum Building/ Structure Setbacks10
Square Footage
of the Lot Area
Minimum setback from the:
Front
Property
Line
Rear
Property
Line
Side
Property
Line
Lake
Washington
Shoreline
Less than 10,001 25 feet 25 feet
10 feet
See MMC
20.63.030
From 10,001 to 13,000 26 feet 26 feet
From 13,001 to 15,000 28 feet 28 feet
From 15,001 to 20,000 30 feet 30 feet
Greater than 20,000 30 feet 30 feet
The greater
of 10 feet or
15% of the
lot width; not
to exceed 20
feet
11
B. Setbacks are measured as the distance between the property line and the closest point12
of any part of the building or structure to the property line, including but not limited to13
architectural elements, roof eaves, gutters and mechanical equipment. (See Figure14
20.22.030(A).) 15
C. To determine compliance with the setback standards in Table 20.22.030, the setback is16
measured along a horizontal plane consistent with MMC 20.22.030(B). 17
D. Where a lot adjoins a private lane and has less than 30 feet of public street frontage, the18
front, rear and side property lines shall be determined as follows, except as provided in19
MMC 20.22.030(E): 20
1. The side property lines shall generally correspond to the long dimension of the lot; 21
2. The front and rear property lines shall generally correspond to the shorter22
dimensions of the lot; 23
3. If the dimensions of the lot form a square, the applicant may elect to designate the24
front property line with the rear and side property lines designated consistent with the25
definitions in Chapter 20.12 MMC. 26
E. Where a lot adjoining a private lane has a condition where the orientation of the dwelling27
on the lot, or the orientation of dwellings on adjacent properties, logically suggests28
setbacks that do not correspond to the longer and shorter dimensions of the lot, the29
setbacks shall be established using the logical orientation rather than the dimensions of30
the lot. 31
F. In addition to the setbacks prescribed by this section, if a lot adjoins a private lane, a32
setback from the private lane easement is required pursuant to MMC 20.91.050. 33
34
Attachment A
Page 32 of 116
Figure 20.22.030(A): Measuring Setbacks1
2
3
4
5 Minimum
Setback
Distance
Building
Outer Edge of
Roof/ Gutter
Property Line
Property Line
Horizontal Plane
Ground
Closest
Point
Attachment A
Page 33 of 116
Figure 20.22.030(B): Setback Property Line Designations (See “Property Line” 1
definitions in Chapter 20.12 MMC) 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Figure 20.22.030(C): Setbacks at Step Shaped Property Line Intersections22
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
Str
eet
Private
Lane
Side
Front
Side
Side
Re
arSide
RearFront
Front
Side/ Rear
Fro
nt
Front
Side/ RearSide
Rear
Side/ Rear
Si
de
Re
arFront
Front
Side
Side
Side
Side
Front
Rear
Rear
Front
Front
Rear
Side
Side
Front
Side
Side
Rear
Rear
Si
de
Side
Front
Front
Lane
Si
de
Re
ar
Front
Front
Front
Street
Front
Rear
Side
Side
X feet
Y feet Radius = Y feet
Side
Property
Line
Property Line
Front
Side/ Rear
Street
45°
45°
Str
e
et
Front
Attachment A
Page 34 of 116
20.22.040 Protrusions into setback areas. 1
2
The following structures may be located within a setback area, excluding setbacks from3
Lake Washington, which are subject to MMC 20.63.030: 4
A. Utilities which are located underground and accessory to a principal use, except the5
requirement for undergrounding is not required if the limitation in MMC 18.12.390(F) 6
applies; 7
B. Walkways, stairs and steps, and driveways, not including parking spaces, which do not8
exceed 30 inches above the existing or finished grade, whichever grade is lower; 9
C. Window wells that do not project more than six inches above the ground level and do not10
protrude more than four feet into the setback area; 11
D. Fences and walls which comply with the requirements set forth in MMC 20.30.010; 12
E. Irrigation systems at or below finished grade, including yard hydrants, sprinkler heads13
and similar features that do not exceed 36 inches above the finished grade; 14
F. Ramps and similar structures installed to a single-family dwelling to provide access for15
elderly and/ or disabled persons; 16
G. Foundation footings where the footing structure does not protrude more than two feet17
into the setback area and is located entirely below the ground surface; 18
H. Improved surface areas for off-street parking provided: 19
1. The protrusion is limited to the setback area from a front property line; 20
2. The parking area is designed in a manner that is clearly distinguishable from the21
driveway; 22
3. A minimum 15-foot setback is maintained from the front property line; 23
4. The top of the parking surface does not exceed 30 inches above the existing or24
finished grade, whichever is lower. 25
I. A chimney provided: 26
1. The protrusion is limited to the setback area from a side property line; 27
2. The maximum horizontal width of the chimney inside the setback area is five feet; 28
and29
3. The chimney does not protrude more than two feet into the setback area. 30
J. Small accessory structures and outdoor mechanical equipment provided: 31
1. The protrusion is limited to the setback area from a rear property line; 32
2. The highest point of the accessory structure or outdoor mechanical equipment does33
not exceed eight feet in height above the finished grade; 34
3. The accessory structure or outdoor mechanical equipment does not occupy a35
footprint greater than 100 square feet; 36
4. A sight-obscuring landscaped strip is planted that screens the structure or37
mechanical equipment from adjoining properties within two years; and38
5. A minimum 15-foot setback from the rear property line is maintained. 39
K. Open play structures without roofs or walls provided: 40
1. The protrusion is limited to setback areas from a rear property line; 41
2. The maximum height of the play structure does not exceed ten feet above the42
finished grade; 43
3. The play structure does not occupy a footprint greater than 100 square feet; 44
4. A minimum ten-foot setback from the rear property line is maintained. 45
L. Swimming pools, spas and hot tubs as provided for in MMC 20.34.060(F). 4647
48
Attachment A
Page 35 of 116
20.22.050 Corner lot optional setback. 12
On a corner lot, in lieu of the setback for a front property line set forth in Table 20.22.030, a3
property owner may elect to apply a minimum 20-foot setback from one of the front property4
lines and a minimum 30-foot setback from other front property lines, provided, however, that: 5
A. This option is not available for: 6
1. Lots with SR-30 zoning for which special requirements are elaborated; 7
2. Lots adjoining Evergreen Point Road between the SR 520 highway and Overlake8
Drive West; 9
3. Lots adjoining Overlake Drive East and West between Evergreen Point Road and the10
Medina-Bellevue city limits; and11
B. The other setback requirements in Table 20.22.030 shall continue to apply. 12
13
20.22.060 Property lines defined as rear and side. 14
15
Where a property line can be defined both as a rear and a side property line, the property16
owner may elect which definition to apply for purposes of setback requirements, provided17
election of the side or rear property line does not create a new nonconformity or increase an18
existing nonconformity. 19
20
Attachment A
Page 36 of 116
Chapter 20.231
Bulk Development Standards2
3
Sections: 4
20.23.010 Purpose. 5
20.23.020 Structural coverage and impervious surface standards. 6
20.23.030 Calculating structural coverage. 7
20.23.040 R-20, R-30 and SR-30 structural coverage bonus. 8
20.23.050 Maximum building and structure height standards. 9
20.23.060 Measuring building and structure height. 10
20.23.070 Building and structure height exceptions. 11
20.23.080 Determining original grade. 12
13
20.23.010 Purpose. 14
15
This chapter establishes the development standards applicable to the mass of buildings and16
structures including height, structural coverage and impervious surface. 17
18
20.23.020 Structural coverage and impervious surface standards. 19
20
A. Table 20.23.020(A) establishes the total structural coverage and total impervious surface21
allowed on a lot within the R-16 zone: 22
23
Table 20.23.020(A) 24
R-16 Zone Total Structural Coverage and Impervious Surface Standards25
26
Square footage of
the lot Area
Maximum Structural
Coverage
Maximum Impervious
Surface
10,000 or less 30 percent 55 percent
10,001 to 10,500 29.58 percent 55 percent
10,501 to 11,000 29.17 percent 55 percent
11,001 to 11,500 28.75 percent 55 percent
11,501 to 12,000 28.33 percent 55 percent
12,001 to 12,500 27.92 percent 55 percent
12,501 to 13,000 27.5 percent 55 percent
13,001 to 13,500 27.08 percent 55 percent
13,501 to 14,000 26.67 percent 55 percent
14,001 to 14,500 26.25 percent 55 percent
14,501 to 15,000 25.83 percent 55 percent
15,001 to 15,500 25.42 percent 55 percent
15,501 to 15,999 25.21 percent 55 percent
16,000 or greater 25 percent 55 percent
27
B. Table 20.23.020(B) establishes the total structural coverage and the total impervious28
surface allowed on a lot within the R-20, R-30 and SR-30 zones: 29
30
31
Attachment A
Page 37 of 116
Table 20.23.020(B) 1
R-20, R-30 and SR-30 Zones Total Structural Coverage and Impervious Surface2
Standards3
4
Square Footage of
the Lot Area
Maximum Structural
Coverage
Maximum Impervious Surface
R-20 Zone R-30/ SR-30 Zones
16,000 or less 25 percent 52.5 percent 50 percent
16,001 to 16,500 24.5 percent 52.5 percent 50 percent
16,501 to 17,000 24 percent 52.5 percent 50 percent
17,001 to 17,500 23.5 percent 52.5 percent 50 percent
17,501 to 18,000 23 percent 52.5 percent 50 percent
18,001 to 18,500 22.5 percent 52.5 percent 50 percent
18,501 to 19,000 22 percent 52.5 percent 50 percent
19,001 to 19,500 21.5 percent 52.5 percent 50 percent
19,501 or greater 21 percent 52.5 percent 50 percent
5
C. The total maximum structural coverage and impervious surface area allowed on a lot6
within the Parks and Public Places and the Neighborhood Auto zones shall be pursuant7
to the special use provisions specified for uses within those zones. However, where8
structural coverage or impervious surface maximums are not specified under the special9
use provisions, the structural coverage and impervious surface area maximum for the R-10
20 zone in Table 20.23.020(A) shall apply as applicable. 11
D. The maximum structural coverage and maximum impervious surface area allowed on a12
lot is determined by multiplying the square footage of the lot area by the corresponding13
structural coverage and impervious surface area maximum percentages specified in14
Tables 20.23.020(A) and (B) for the zone in which the lot is located. (e.g., a 16,00015
square foot lot zoned R-16 may have a maximum of 4,000 square feet (16,000 X 0.25 = 16
4,000) structural coverage and 8,800 square feet (16,000 X 0.55 = 8,800) impervious17
surface area per Table 20.23.020(A)). 18
19
20.23.030 Calculating Structural Coverage. 20
21
A. Structural coverage is the total surface area of a lot covered by or beneath buildings and22
structures including but not limited to buildings, roof eaves, patios, decks, sports courts, 23
swimming pools and spas, gazebos, gateways, and trellises. 24
B. The maximum structural coverage and maximum impervious surface area allowed on a25
lot is determined by multiplying the square footage of the lot area by the applicable26
percentages specified in Tables in MMC 20.23.020(A) and (B) for the zone in which the27
lot is located. 28
C. When calculating the structural coverage on a lot, the following are excluded from the29
structural coverage limits: 30
1. Any pervious surface areas beneath roof eaves such as areas with living vegetation, 31
but not including areas with pervious surfaces containing gravel, rocks or other32
similar hardscape materials wherever such materials cover more than 25 percent of33
the area directly below the roof eaves; 34
2. Areas beneath the roof eaves containing water features; 35
3. Areas beneath the roof eaves containing driveway surface that provides access to a36
non-pedestrian garage door entrance provided: 37
a. The roof eave does not project more than two feet from the exterior wall of the38
building; and39
Attachment A
Page 38 of 116
b. The driveway surface area not counted as structural coverage does not extend1
more than two feet in each direction horizontally from the outer edges of the2
garage door; 3
4. Uncovered structures, including, but not limited to, decks, patios, stairs and4
walkways where the height of the uncovered structure does not exceed 30 inches5
above the existing or finished grade, whichever is lower; 6
5. Structures located waterward of the ordinary high water mark as defined in RCW7
90.58.030 and the Medina Shoreline Master Program; 8
6. Fences and walls where the greatest width dimension of the fence or wall, including9
any features that are part of the wall or fence, does not exceed one foot (12 inches); 10
7. Retaining walls where the greatest width dimension of the structure, excluding11
underground foundation footings, does not exceed one foot (12 inches); 12
8. Garden-type structures, such as gazebos, arbors, bowers, pergolas, trellises and13
similar structures, provided the aggregate footprint of all such garden-type structures14
do not exceed one percent of the lot area; and15
9. Structures placed entirely underneath the existing grade of the earth surface of the16
lot provided: 17
a. No part of the underground structure protrudes above the ground surface of the18
finished grade, except: 19
i. Decks, patios, and walkways that are over the underground structure and for20
which the height of such structures does not exceed 30 inches above the21
existing or finished grade, whichever is lower; and22
ii. Openings in the ground surface that are necessary to provide ingress and23
egress to the underground structure and where such openings are the24
minimum necessary to provide ingress and egress; 25
b. Provisions for impervious surface area continue to apply. 26
27
20.23.040 R-20, R-30 and SR-30 structural coverage bonus. 28
29
Lots located within the R-20, R-30 and SR-30 zones are allowed an additional two percent30
structural coverage for uncovered decks, porches and verandas provided: 31
A. Roof eaves do not project more than two feet over the structure measured outward from32
the exterior wall of the building; and33
B. If decks, porches or verandas extend outward from above the first story of a building or34
from the floor above the day-lighted parts of a basement, the space underneath the35
structure must remain unenclosed and without hardscape. 36
37
20.23.050 Maximum building and structure height standards. 3839
A. Application of maximum height standards. 40
1. Table 20.23.050(A) establishes the maximum height standards for buildings and41
structures within each zone. 42
2. Areas not identified in Table 20.23.050(A) are subject to the height standards43
specified for the R-20/ R-30 zone. 44
3. Where Table 20.23.050(A) specifies eligibility for a height bonus, a property owner45
may elect to apply the height standards in MMC 20.23.050(C) in lieu of the height46
standards in Table 20.23.050(A) provided that: 47
a. The total structural coverage on the lot does not exceed 13 percent, excluding48
the structural coverage bonus set forth in MMC 20.23.040; or49
b. If the lot area is 16,000 square feet or less, the total structural coverage on the lot50
does not exceed 17 ½ percent, excluding the structural coverage bonus set forth51
in MMC 20.23.040. 52
53
Attachment A
Page 39 of 116
Table 20.23.050(A): Maximum Height Standards1
Measurement
Points
Zoning / Height Overlay Maximum Height
R-16 R-20/ R-30 SR-30 N-A Public Medina
Heights
Original
Grade
High Point 25 feet N/A* N/A* None None N/A*
Low Point 25 feet 25 feet 20 feet
Finished
Grade
High Point 28 feet N/A* N/A* 30 feet 35 feet N/A*
Low Point 28 feet 28 feet 23 feet
Eligible for Height
Bonus No Yes Yes No No No
Not applicable. 2
3
B. Maximum height is determined by the zone or height overlay where the building or4
structures is located and the corresponding unit of height specified for original and5
finished grade prescribed in the tables. 6
C. A property owner electing to apply the height bonus allowed pursuant to MMC7
20.23.050(A)(3) shall apply the height limits specified in Table 20.23.050(C). 8
9
Table 20.23.050(C): Bonus Height Standard10
Measurement Points Maximum Height
Original
Grade
High Point 30 feet
Low Point 36 feet
Finished
Grade
High Point 30 feet
Low Point 36 feet
11
D. The methods for measuring the height of buildings and structures are set forth in MMC12
20.23.060. 13
E. Exemptions from maximum height requirements are set forth in MMC 20.23.070. 14
15
20.23.060 Measuring building and structure height. 16
17
This section establishes methods required for applying height standards and is applied in18
conjunction with the height standards prescribed in MMC 20.23.050. 19
A. Where multiple buildings and structures are located on the same lot, and are detached20
from each other, the height of each building or structure shall be measured21
independently from the others, except: 22
1. Excluding trellises, arbors and similar open structures, if the distance between any23
buildings and/ or structures are less than six feet, the buildings and structures that24
are less than six feet apart shall be considered attached for purposes of measuring25
height; 26
2. If buildings are connected by a breezeway or similar types of structures, the buildings27
shall be considered attached for purposes of measuring height. 28
B. In the R-16 zone, height shall be measured as shown in Figure 20.23.060(B) and as set29
forth in the following procedures: 30
1. The original grade shall be established as set forth in MMC 20.23.080; 31
2. The base for measuring height shall be established as follows: 32
a. Base elevations shall be taken at four points where the outside of the exterior33
walls/ sides of the building or structure intersect the following: 34
i. The lowest point of the original grade; 35
ii. The highest point of the original grade; 36
iii. The lowest point of finished grade; and37
Attachment A
Page 40 of 116
iv. The highest point of finished grade; 1
b. The lower grade between original and finished grade shall be used for measuring2
height, which is determined as follows: 3
i. Starting at the two highest original and finished grade elevations determined4
under MMC 20.23.060(B)(2)(a)(ii) and (iv), a vertical line shall be extended by5
the applicable maximum height prescribed in Table 20.23.050(A); 6
ii. The grade (original or finished) whose vertical line has the lower upper7
elevation (measured from a zero-elevation surface) shall be designated the8
lower grade” to be used for measuring height; 9
3. Maximum height shall be measured by extending a vertical line from the lowest and10
highest base elevations established in MMC 20.23.060(B)(2)(a) of the lower grade by11
the distance of the applicable maximum height prescribed in Table 20.23.050(A); 12
4. Maximum height shall be a plane essentially parallel to the lower grade drawn by a13
line intersecting the upper elevation of the two vertical lines extending from the lower14
grade; 15
5. An additional height limitation shall apply to buildings and structures on sloping16
grades established as follows: 17
a. A vertical line shall be extended a distance of 36 feet from the lowest point of18
original grade ascertained in MMC 20.23.060(B)(2)(a)(i); 19
b. A horizontal plane shall be extended perpendicular from the top of the 36-foot20
vertical line; 21
6. The maximum height envelope shall be the area between the lower grade and the22
two height planes established in this section and shown in Figure 20.23.060(B); 23
7. No part of the building or structure, including roof lines, shall protrude above the24
maximum height envelope, except as allowed otherwise by law. 25
8. See MMC 20.23.060(E) for establishing height plane parameters, MMC 20.23.060(F) 26
for establishing the orientation of the height plane, and MMC 20.23.060(G) for height27
calculation exemptions. 28
29
Figure 20.23.060(B): R-16 Height Measurements30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Original Grade
Finished Grade
Original/
Finished Grade
Low Points
Original/
Finished Grade
High Points
Horizontal Height Plane
Perpendicular to Top of
36-foot Vertical Line)
28-foot Finished Grade Height
25-foot Original Grade Height
Maximum Height Envelope
Essentially Parallel Plane (Intersects
Upper Elevation of Low and High
Vertical Lines of Lower Grade)
25-foot Original
Grade Height
36 feet
Lower Grade
Vertical Line
Original/ Finished
Grade Vertical Lines
Attachment A
Page 41 of 116
C. In the R-20, R-30, and SR-30 zones (except where the bonus height standards in Table1
20.23.050(C) are used) and in the Medina Heights Overlay, height shall be measured as2
shown in Figure 20.23.060(C) and as set forth in the following procedures: 3
1. The original grade shall be established as set forth in MMC 20.23.080; 4
2. The base elevation for measuring height shall be taken at two points where the5
outside of the exterior walls/ sides of the build or structure intersect the following: 6
a. The lowest point of original grade; 7
b. The lowest point of finished grade; 8
3. Starting at the two base elevation points ascertained under MMC 20.23.060(C)(2), a9
vertical line shall be extended by the distance of the applicable maximum height10
prescribed in Table 20.23.050(A); 11
4. The grade (original or finished) and corresponding vertical line established under12
MMC 20.23.060(C)(3) that has the lower upper elevation (measured from a zero-13
elevation surface) shall be used to measure maximum height; 14
5. Maximum height shall be a horizontal plane interesting the upper elevation of the15
vertical line established in MMC 20.23.060(C)(4) for measuring maximum height and16
shall be perpendicular to the same vertical line as shown in Figure 20.23.060(C); 17
6. The maximum height envelope shall be the area between the applicable grade18
original or finished) and the horizontal height plane established in this section and19
shown in Figure 20.23.060(C); 20
7. No part of the building or structure, including roof lines, shall protrude above the21
maximum height envelope, except as allowed otherwise by law; 22
8. See MMC 20.23.060(E) for establishing the height plane parameter and MMC23
20.23.060(G) for height calculation exemptions. 24
25
Figure 20.23.060(C): R-20, R-30, SR-30, & Medina Heights, Height Measurements26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Original/
Finished Grade
Low Points
25-foot or 20-foot Original
Grade Height
28-foot or 23-foot Finished
Grade Height
Original Grade
Finished Grade
Horizontal Height Plane
Perpendicular to Lowest Upper
Elevation of Vertical Lines)
Maximum Height Envelope
Original/
Finished Grade
Vertical Lines
Attachment A
Page 42 of 116
D. Where the bonus height standards in Table 20.23.050(C) are used, height shall be1
measured as shown in Figure 20.23.060(D) and as set forth in the following procedures: 2
1. The original grade shall be established as set forth in MMC 20.23.080; 3
2. The base elevation for measuring height shall be taken at four points where the4
outside of the exterior walls/ sides of the building or structure intersect the following: 5
a. The lowest point of the original grade; 6
b. The highest point of the original grade; 7
c. The lowest point of finished grade; and8
d. The highest point of finished grade; 9
3. Starting at the four base elevation points ascertained under 20.23.060(D)(2), a10
vertical line shall be extended by the distance of the applicable maximum height11
prescribed in Table 20.23.050(C); 12
4. The grade (original or finished) and corresponding vertical line established under13
MMC 20.23.060(D)(3) that has the lower upper elevation (measured from a zero-14
elevation surface) shall be used to measure maximum height; 15
5. Maximum height shall be a horizontal plane intersecting the upper elevation of the16
vertical line established in MMC 20.23.060(D)(4) for measuring maximum height and17
shall be perpendicular to the same vertical line as shown in Figure 20.23.060(D); 18
6. The maximum height envelope shall be the area between the applicable grade19
original or finished) and the horizontal height plane established in this section and20
shown in Figure 20.23.060(C); 21
7. No part of the building or structure, including roof lines, shall protrude above the22
maximum height envelope, except as allowed otherwise by law; 23
8. See MMC 20.23.060(E) for establishing the height plane parameter and MMC24
20.23.060(G) for height calculation exemptions. 25
26
27
Figure 20.23.060(D): Bonus Height Measurements28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
30-foot Finished Grade Height
30-foot Original Grade Height
Original Grade
Finished Grade
36-foot Finished Grade Height
36-foot Original Grade Height
Original/
Finished Grade
Low Points
Original/
Finished Grade
High Points
Horizontal Height Plane
Perpendicular to Lowest Upper
Elevation of Vertical Lines)
Maximum Height Envelope
Original/
Finished Grade
Vertical Lines
Original/ Finished Grade
Vertical Lines
Attachment A
Page 43 of 116
E. The parameters of a maximum height plane shall be parallel to a parameter created by1
the smallest rectangle that can be drawn around the footprint of the building or structure. 2
See Figure 20.23.060(E). 3
4
5
Figure 20.23.060(E): Height Plane Parameters6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
F. Where a building or structure is placed within the R-16 zone on a slope, the property28
owner may elect for the slant of the essentially parallel height plane to be in the direction29
of either: 30
1. The front façade of the building where the primary entrance of the building is located; 31
or32
2. The building façade facing a public street or private lane. 33
3. Figure 20.23.060(F) provides further direction on determining the orientation of the34
height plane slant. 35
36
Figure 20.23.060(F) Direction of Slant for Essentially Parallel Height Plane37
38
39
40
41
42
43
44
45
46
47
48
49
50
Height Plane51
Smallest rectangle around the building
footprint
Maximum Height Plane
Building Footprint
Height Parameter
Street
Low
Point
High
Point
Direction
of Height
Plane
Slant
Direction of Height
Plane Slant
Front
Facade
High
Point
Low
Point
BuildingBuilding
Attachment A
Page 44 of 116
1
2
G. The following shall be excluded as part of the outside exterior wall/ side of a building or3
structure for purposes of measuring height: 4
1. Walls adjoining window wells where the area inside of the window well does not5
exceed 15 square feet of open surface area; 6
2. Attached structures (e.g., uncovered decks, porches, steps, etc.), not exceeding 307
inches above original or finished grade, whichever, is lower8
3. Uncovered decks, porches, and verandas not qualifying for the exemption in MMC9
20.23.060(G)(2) where the space below the structure is not enclosed and not more10
than 25 percent of the ground surface below the structure is hardscape; and11
4. Areas under roof eaves and areas under balconies provided they extend 24 inches12
or less from the exterior wall. 13
14
20.23.070 Building and structure height exceptions. 15
16
The following are exempt from the height standards in MMC 20.23.050: 17
A. Spires, belfries and domes of religious facilities not intended for human occupancy18
provided the height is approved as part of the Non-administrative Special Use Permit for19
the religious facility; 20
B. Flag poles, provided the pole does not exceed: 21
1. A height of 45 feet above the existing grade; and22
2. A width of 12 inches diameter at the widest point of the pole; 23
C. Chimneys, chase, mechanical equipment, vents or other essential building elements24
required by the building codes provided: 25
1. The structure or equipment does not project more than three feet above the26
maximum height otherwise allowed on the lot; 27
2. The structure or equipment does not exceed five feet in horizontal width above the28
maximum height otherwise allowed on the lot; 29
D. Wireless communication facilities approved pursuant to Chapter 20.37 MMC; and30
E. Exceptions specifically granted elsewhere in the Medina Municipal Code. 31
32
20.23.080 Determining Original Grade. 33
34
The following outlines the general procedures to establish the original grade on a lot. These35
procedures may be administratively modified by the Director pursuant to MMC 20.23.080(H) 36
on a case-by-case basis to fit unique circumstances. 37
A. The placement of proposed exterior walls/ sides of the building/ structure on the lot is38
identified first and these locations are marked on the property. It is preferred, but not39
required, that a surveyor stake the proposed exterior wall corners of the building or40
structure. 41
B. A soils expert shall conduct a preliminary investigation of the soils along the parameters42
of the proposed exterior walls/sides to determine the elevations of the original grade: 43
1. The investigation should include exploring and testing a reasonable number of test44
pits to substantiate the findings of the soils expert; and45
2. Based on the findings of the soil investigation, the soils expert shall determine an46
assumption of the original grade underneath the entire building or structure. 47
C. A surveyor shall set the vertical elevations of the applicable low and high base points48
required to measure height using the assumption of original grade by the soils expert; 49
50
51
Attachment A
Page 45 of 116
Figure 20.23.080 Assumption of Original Grade1
2
3
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5
6
7
8
9
10
11
12
D. A written report of the assumption of original grade shall be prepared by the soil expert13
for submission to the City. The content of the report shall at a minimum include the14
following: 15
1. The applicant’s and property owner’s name and contact information; 16
2. Project location (include parcel number); 17
3. Written narrative regarding the scope of work for which the original grade18
determination is being made; 19
4. The name and qualification of the persons preparing the report; 20
5. Written narrative of the investigation and findings; 21
6. A site plan showing: 22
a. An outline of the footprint of the building or structure on the lot; 23
b. The locations of the test pits where the soil exploration was performed; 24
c. The location and vertical elevation of the assumed high and low base points of25
the original grade, as applicable, for measuring height; and26
d. Topographical information including contour intervals of five feet or less, as27
appropriate; and28
7. Other pertinent information determined to be necessary by the Director in supporting29
an original grade determination. 30
E. The applicant must obtain approval from the City for an assumption of original grade31
determination. An approved assumption of original grade report shall be used in32
determining plan review compliance with height standards prior to issuing construction33
permits. 34
F. After excavation work has exposed the soils where the proposed building or structure35
will be located, the soils expert shall re-investigate the soils to determine if the36
assumption of original grade is valid. Findings from the soils expert’s re-investigation37
shall be transmitted to the City. 38
G. If the assumption of original grade is incorrect, a corrected original grade determination39
with a surveyor’s new set of vertical elevations shall be provided to the City. 40
H. The Director may approve modifications to these procedures if: 41
1. The modification is evaluated and applied on a case-by-case basis; 42
2. The modification is to address a unique circumstance on the property such as an43
inability to conduct site investigation due to existing buildings and structures; 44
3. Modifications are based on accepted methods and/ or practices found within the soils45
expert’s profession; 46
4. The applicant requests the modification in writing to the Director and provides47
justification for the modification; and48
5. The modification is processed as a Type 1 decision pursuant to the review49
procedures in Chapter 20.80 MMC. 50
51
52
Building Corner Stakes
Low Point
Test Pits
High Point
Exterior Wall/ Side
Elevation Contours
Attachment A
Page 46 of 116
Subtitle 20.31
Special Development Standards2
3
Chapter 20.304
City-wide Uses5
6
Sections: 7
20.30.010 Fences, walls and gates. 8
20.30.020 Signs. 9
20.30.030 Reconstruction, remodeling, expansion of non-residential uses. 10
20.30.040 Works of art. 11
20.30.050 Residential off-street parking. 12
13
20.30.010 Fences, walls and gates. 14
15
A. General Provisions. 16
1. Fences, walls and gates may be located within a setback area provided the fence, 17
wall or gate does not exceed the maximum height requirements set forth in MMC18
20.30.010(B). Walls, as referred to in this chapter, include freestanding walls, 19
retaining walls, rockeries and similar types of structures. 20
2. Fences, walls and gates shall be located entirely inside the property lines of a lot, 21
unless both property owners agree the wall or fence may be placed on a common22
property line. 23
3. The property owner is responsible for confirming all fences, walls and/or gates are24
placed inside the property lines on their property. 25
4. Gates located near an opened street right-of-way shall be setback from the edge of26
the pavement pursuant to MMC 20.40.125. 27
5. All lighting devices shall be subject to the height limitations prescribed by this28
section. 29
6. Where a permit is required pursuant to MMC 20.30.010(G), the City may require the30
property owner to have a land survey performed to identify the property boundaries31
if: 32
a. The fence, wall or gate is adjacent to a street right-of -way; or33
b. In the opinion of the Director, it is not clear the proposed fence or wall is located34
entirely within the property lines on the owner’s property. 35
B. Height (see Figures 20.30.010(B)(1), (2) and (D)). 36
1. The maximum height of a fence, wall, combination of fence and wall, or gate shall37
not exceed four feet if the structure is located: 38
a. Within a horizontal distance of five feet from a front property line that adjoins a39
public street not designated as a collector or minor arterial street pursuant to40
Chapter 10.08 MMC; and41
b. Within a horizontal distance of five feet from any property line that intersects a42
front property line that adjoins a public street as described in MMC43
20.30.010(B)(1)(a) and extending 30 feet from the front property line. 44
2. Except as provided in MMC 20.30.010(B)(1), the maximum height of a fence, wall, 45
combination of fence and wall, or gate shall not exceed six feet in all other setback46
areas. 47
3. Fences, walls and gates not located within setback areas may be constructed to the48
height limitations of other buildings and structures in the same zone. 49
4. For purposes of the height maximums set forth in this section, height shall be50
measured at the exterior side of the fence or wall facing outward from the property, 51
Attachment A
Page 47 of 116
from the lower of the existing or finished grade to the highest point of the fence or1
wall (including any light fixtures, caps, or other objects mounted on the top of the2
fence or wall. 3
5. Fences and walls shall be considered combined for the purpose of measuring height4
where the horizontal separation is five feet or less between the closest points of the5
fence and wall; except, if a property line is located between the fence and wall, the6
fence and wall shall not be considered combined. These requirements shall also7
apply to gates and walls. 8
9
10
Figure 20.30.010(B)(1) Height Limits for Fences and Walls11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Figure 20.30.010(B)(2) Measuring Fence/ Wall Height27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Height Measurement Combined Height Measurement Not Combined51
30-foot
Front Property Line
5-foot
Intersecting
Property Line
4-foot Maximum Height
Area (where applicable)
6-foot Maximum Height in
Setback Areas
X > 5 footX 5 foot
Fence/ Wall
Exterior Side Lower of Existing or
Finished Grade
Height
Highest Point (includes
post/ cap/ light)
Fence/
Wall
Fence/
Wall
Wall Wall
Height
Height
Height
Lower Grade Lower Grade
Attachment A
Page 48 of 116
C. Fence and wall height exception. The placement of a guard rail on top of a retaining wall1
may exceed the maximum height for fences and walls by up to four feet provided: 2
A. The building official determines a guard rail is required pursuant to the building codes3
set forth in Chapter 20.40 MMC; and4
B. The solid component parts of the guard rail are evenly distributed and cover no more5
than 50 percent of the total surface area of the side elevation of the guard rail. 6
D. Limitations. 7
1. The following are prohibited: 8
a. The use of barbed wire with a fence or wall; 9
b. Electric fences; and10
c. Chain-link fences located within five feet of a property line that adjoins a public11
street designated as a collector or minor arterial street pursuant to Chapter 10.0812
MMC. 13
2. No person may construct a berm upon which to build a fence, wall or combination of14
a fence and wall, unless the total height of the berm plus the fence or wall does not15
exceed the maximum height allowable for the fence or wall if the berm was not16
present. (See Figure 20.30.010(D).) 17
3. No gate or portion thereof shall be located within any public right-of-way or any18
easement for a private lane or private lane turnaround. 19
20
Figure 20.30.010(D) Fence/ Wall with Berm21
22
23
24
25
26
27
28
29
Height Measurement Combined30
31
E. Appearance. The more completely detailed or finished side of a fence or wall shall face32
outward from the property on which the fence or wall is located, except joint projects33
may have the more finished side oriented as agreed to between the two property34
owners. 35
F. Bulkheads. The design and construction of a bulkhead shall be in compliance with the36
requirements of the building code and the Medina Shoreline Master Program. 37
G. Permits. A building permit is required to be obtained from the City prior to construction38
or repair of a fence, wall or gate, unless exempt pursuant to MMC 20.40.050. 39
H. Requirement for gates. 40
1. Every gate blocking vehicular access to a residence must have a “KNOX Box” or41
similar device approved by the fire marshal and chief of police allowing access to42
emergency vehicles and personnel. In addition, each gate which relies on electricity43
to open the locking mechanism or the gate itself must have a manual release44
mechanism which is activated by a power failure, or another method of assuring45
entry in event of a power failure, which is approved by the fire marshal and the chief46
of police. 47
2. Gates and barriers associated with fire apparatus access roads shall meet the48
requirements in MMC 20.40.125. 49
50
51
Fence/
Wall
Berm
Height
Attachment A
Page 49 of 116
20.30.020 Signs1
2
A. No sign or signs of any kind shall be erected and/or displayed or maintained within the3
City except as provided in this section. 4
B. The following signs or displays are exempt from the requirements of this section: 5
1. Signs or notices required by federal or state statutes or regulations; 6
2. Informational or warning signs in the nature of “telephone,” “restrooms,” “danger,” “no7
parking,” “private,” “cashier,” “refreshments,” and other informational or warning8
signs, which may not exceed two square feet in sign area; 9
3. Signs attached to product dispensers or product display apparatus, which do not10
exceed two square feet in sign area; 11
4. Window posters in a business establishment that do not exceed six square feet in12
sign area each, or two in number per establishment; 13
5. Signs designating owner’s name, address, emergency telephone, business hours, or14
open” or “closed”; provided, however, that such signs shall not exceed two square15
feet in sign area. 16
C. Subdivision and neighborhood signs. In a subdivided area or neighborhood involving17
eight or more homes, one freestanding permanent sign may be erected for the purpose18
of identifying the subdivision or neighborhood. 19
1. Temporary subdivision or neighborhood signs are prohibited. 20
2. Subdivision and/or neighborhood signs shall contain the name of the plat, 21
subdivision or neighborhood only. 22
3. Subdivision and/or neighborhood signs shall be placed only on private property at or23
near the main point of entry for vehicles to the subdivision or neighborhood, except24
that such a sign may be placed in the unpaved portion of City street right-of-way25
pursuant to Chapter 12.32 MMC, on such terms and conditions as the City deems26
appropriate. 27
4. Subdivision and/or neighborhood signs shall be constructed of wood or natural28
stone, or a combination thereof (exclusive of fastening, pipes, etc., used to attach the29
sign to the ground or its base) provided: 30
a. The sign area does not exceeding 12 square feet; 31
b. The height of the sign does not exceed four feet, measured at the highest point32
of the sign from the lowest point of the natural existing grade directly below the33
sign or any part thereof. 34
5. Subdivision or neighborhood signs shall be maintained in good condition and repair35
at all times. If such signs are not properly maintained the City may, upon 30 days’ 36
written notification by the City or its authorized representative or employee to the37
owner of the property underlying the sign, or to the owner of the adjacent property if38
the sign is located in a City right-of-way, repair or remove the signs at the expense of39
the owner. If the costs incurred by the City to repair or remove the sign are not paid40
within 30 days of presentation of an invoice to the property owner or resident of the41
subject property, the City may file a lien on the property which may be foreclosed as42
a mortgage to recover such costs, plus costs and attorneys’ fees. 43
6. Subdivision and neighborhood signs shall not contain any advertising, phone44
number, name of developer, architect or other person or entity. 45
7. Subdivision or neighborhood signs may not be affixed to any building, garage, fence46
or other structure incidental to a residential dwelling. 47
8. Subdivision or neighborhood signs shall not be placed closer than five feet to any48
paved portion of a public right-of-way as measured at the closest point. 49
9. Illuminated subdivision or neighborhood signs are prohibited whether illuminated50
internally or otherwise. 51
Attachment A
Page 50 of 116
10. No permanent subdivision or neighborhood sign permitted under this subsection1
shall be erected without first obtaining a Non-administrative Conditional Use Permit. 2
D. Political signs. 3
1. Political signs may be placed on private property or in the street right-of-way with4
permission of the abutting property owner. The owner thereof shall be responsible for5
removal of the signs within 48 hours following the election to which they pertain. 6
2. Political signs must comply with the provisions of RCW 42.17.510 and any other7
state statutes or regulations regulating campaign advertising as they may be enacted8
or amended from time to time. 9
3. Political signs must be temporary signs and the area of any sign may not exceed four10
square feet. 11
4. No permit is required for a political sign otherwise complying with this section. 12
E. Residents’ signs. 13
1. Any permanent sign which contains no more than the name and/or address of the14
owner or tenant of a residential dwelling shall be allowed. No such sign or signs15
shall be larger than two square feet in sign area for each residential dwelling unit. 16
a. Residents’ permanent signs for homes served by private lanes may be combined17
into a single sign of not more than eight square feet in sign area adjacent to the18
main vehicular entrance to the residences from a City street or right-of-way19
provided: 20
i. The total square footage of the sign area shall not exceed one square foot for21
each residence served by the private lane; and22
ii. Two or more separate signs erected on one or more common poles or23
mountings shall be considered one sign. 24
b. Signs of a safety or traffic-control nature may be erected immediately adjacent to25
private lanes provided: 26
i. No such sign shall exceed three square feet in sign area; and27
ii. No such sign may be erected on another person’s property without28
permission; and29
iii. Two or more common poles or mountings shall be considered one sign. 30
c. A “No Trespassing,” “No Peddlers” or “No Soliciting” sign may be placed on31
private property or in the street right-of-way by the owner of the abutting property. 32
No such sign shall exceed one square foot in sign area. 33
2. Residents’ temporary signs. 34
a. Residents of a dwelling unit may erect a single temporary sign in connection with35
a garage sale or similar event provided, 36
i. The sign does not exceeding six square feet in sign area; 37
ii. The sign is located immediately adjacent to the vehicular entrance to the38
resident’s dwelling; and39
iii. The sign is erected only when the garage sale or similar event is actually in40
progress and attended, and is removed between the hours of 6:00 p.m. and41
8:00 a.m. 42
b. Residents of a dwelling unit may erect three off-site temporary signs in43
connection with a garage sale or similar event provided: 44
i. Each sign does not exceeding two square feet in sign area; 45
ii. The signs are utilized during the same period as MMC 20.30.020(D)(2)(a)(iii); 46
iii. Any such signs placed on private property are done so with the consent of47
the owner; and48
iv. Any such signs placed in the street right-of-way do not create a vehicle safety49
or other hazard. 50
3. No permit is required for residents’ signs otherwise complying with this subsection. 51
Attachment A
Page 51 of 116
F. Commercial signs. 1
1. Commercial signs shall not be permitted in the City except as hereinafter provided. 2
2. Moving signs and sign structures, animated signs, whirligigs, pennants, flashing lights3
and flags (other than two government flags) are prohibited. 4
G. Commercial Signs for Business Establishments. Each business establishment permitted5
by applicable zoning regulations and licenses to conduct business in the City may erect6
signs only as follows: 7
1. Only one permanent sign identifying such business shall be permitted for each public8
street frontage. 9
2. Size, location and illumination of such permanent signs are limited as follows: 10
a. No more than one-half square foot of sign area for each lineal foot measured11
along the property line adjoining the public street, not to exceed 24 square feet; 12
b. Not be placed in any street right-of-way; 13
c. Not exceeding 25 feet in height; and14
d. Illuminated only by a steady light source and during hours when service is15
offered; any illumination, including that of buildings, to be such as present no16
glaring light source to passing vehicular traffic or neighboring property zoned for17
residential use. 18
3. No signs are permitted for home occupations. 19
4. One temporary sign not exceeding four feet in height from the ground and three feet20
in width shall be permitted for each street fronted. 21
5. No permanent commercial sign permitted under this subsection shall be erected22
without first obtaining a Non-administrative Conditional Use Permit. No permit is23
required for temporary commercial signs otherwise complying with this subsection. 24
6. No temporary commercial sign shall be placed in any public right-of-way where it will25
interfere with the free passage of vehicles or pedestrians. 26
H. Commercial Real Estate Signs. 27
1. No permanent commercial real estate signs are permitted within the City. 28
2. One temporary sign shall be allowed on each parcel, tract, lot, site or home, the29
boundaries of which have previously been established as a matter of record in the30
office of the King County auditor either by the filing of an approved plat or by any31
method of real property conveyance from one party to another as authorized by the32
laws of the state, for the purpose of advertising it for sale or rent. Such sign may be33
located in the street right-of -way abutting the property being advertised provided: 34
a. The sign is at least ten feet from the edge of the pavement except as provided for35
in MMC 20.30.020(H)(2)(c); and36
b. The sign does not interfere with vehicular traffic or driver vision, impede37
pedestrian traffic or otherwise present a safety hazard. 38
c. The Director may authorize a temporary commercial real estate sign to be39
located within ten feet of the edge of the pavement, if the topography or40
landscaping of the City street right-of-way or abutting property would otherwise41
cause the sign to be significantly obscured from the street. Any such42
authorization shall be in writing and shall specify the revised minimum distance43
from the edge of the pavement. 44
3. Commercial real estate signs shall have dimensions no larger than four square feet45
in sign area and shall be for the sole purpose of advertising the parcel, tract, lot, site46
or home for rent or sale, which must be written for the sign. 47
a. The signs may contain the words “for rent” or “for sale,” and/or “exclusively,” the48
name of the owner or of the listing real estate office and agent and telephone49
numbers. 50
b. No additional information shall be allowed on the sign. 51
Attachment A
Page 52 of 116
4. Commercial real estate signs must be removed within three days of the rental or the1
closing of the sale of the property. 2
5. The top of the signs, including any structure and component parts shall be no more3
than six feet above ground. 4
6. In the case of waterfront property, a second conforming sign will be allowed either at5
the end of the dock or at the lakefront. 6
7. No more than two portable temporary signs bearing the words “open house” only7
may be used while an open house is being conducted by the owner or his agent. 8
a. Each sign shall show the address of the property for sale. 9
b. Said signs are only allowed while the owner or his agent is present within the10
residence, during daylight hours and on Saturdays and Sundays. 11
c. Said signs may be single-sided or double-sided; however, no side shall be larger12
than 30 inches by 30 inches. 13
8. Signs not meeting the requirements of this subsection may be removed by the City14
or its authorized representative or employee at the expense of the owner of the15
underlying property or his agent. This shall be in addition to any penalty for erecting16
a sign in violation of this section. 17
9. No permit is required for temporary commercial real estate signs otherwise18
complying with this subsection. 19
10. In addition to signs otherwise allowed under this subsection, each parcel, tract, lot, 20
site or home which does not adjoin any public street and which can only be accessed21
via a private lane shall be allowed one additional temporary sign for the purpose of22
advertising it for sale or rent provided: 23
a. The dimensions of the sign are no larger than eight inches by 24 inches; and24
b. The sign is placed on a single stake or post at or near the point at which said25
private lane meets the City street right-of-way. 26
I. Signs for schools, churches and clubs. 27
1. Schools, churches and clubs may erect one freestanding permanent sign located on28
their property, which shall conform to the construction size, height and maintenance29
requirements, including the prohibition of sign illumination for subdivisions and30
neighborhood signs set forth in MMC 20.30.020(C). 31
2. In addition, clubs shall be allowed one permanent off-site sign for directional32
purposes and containing only the name of the club. Such sign shall not exceed eight33
square feet in area, shall not be lighted, and may be erected only on private property, 34
with the consent of the owner, or a City street right-of-way, pursuant to Chapter35
12.32 MMC. 36
3. No sign permitted under this subsection shall be erected without first obtaining a37
Non-administrative Conditional Use Permit. 38
J. Municipal signs. Nothing in this section shall restrict the posting of signs by the City or39
its authorized representatives for the safety, convenience or information of its citizens. 40
K. Miscellaneous provisions. 41
1. No signs shall be erected or maintained on parks, other public property or rights-of-42
way, except as specifically permitted in this chapter. No sign shall be erected or43
maintained on private property without the consent of the owner thereof. 44
2. No signs of any kind shall be posted on traffic or safety sign posts. 45
3. No signs may be placed in or on vehicles visible from any public property or right-of-46
way, except one sign per vehicle, not exceeding one square foot, advertising such47
vehicle for sale. 48
3. Temporary signs for community, religious or educational purposes may be erected49
with the permission of the Director for a period not to exceed 15 days. Such signs50
Attachment A
Page 53 of 116
may not exceed 12 square feet in area and five in number. The permission of the1
Director must be obtained in writing. No permit fee is required for such signs. 2
4. Applications for permanent signs shall include a photograph of each sign erected, 3
which the applicant shall file with the City within ten days following its erection. 4
L. Nonconforming signs. 5
This section shall not apply to permanent signs in place on or before June 1, 1989, and6
erected in conformity with then-applicable ordinances and regulations, unless the user of7
the sign wishes to change the location, shape, dimensions or content of this sign, or fails8
to keep it in good repair; in such cases, the sign as changed must comply with the9
applicable provisions of this chapter, including requirement that a permit be obtained; 10
provided all requirements for maintenance imposed by this chapter shall apply to11
existing signs. 12
13
20.30.030 Reconstruction, remodeling, expansion of non-residential uses. 14
15
Existing non-residential uses requiring expansion, modification or rebuilding and exceeding16
50 percent of the present value of the structure shall require obtaining a Non-administrative17
Conditional Use Permit pursuant to MMC 20.72.010, unless the reconstruction, remodeling, 18
or expansion involves a use requiring a Non-administrative Special Use Permit, in which19
case a Non-administrative Special Use Permit, or amendment thereto shall be required. 20
21
20.30.040 Works of art. 22
23
Works of art are not defined as accessory structures and are subject to all applicable24
setback requirements of the Medina Municipal Code. 25
26
20.30.050 Residential off-street parking. 27
28
Off-street parking for each single-family dwelling shall be provided as follows: 29
A. If a lot has access from a street, a minimum of two onsite parking spaces is required; 30
B. If a lot has access from a private lane, onsite parking spaces shall be required as31
follows: 32
1. The surface area of each parking space shall be at least 250 square feet; and33
2. The minimum number of parking spaces shall be: 34
a. In the R-16 zoning district: three spaces; 35
b. In the R-20 zoning district: four spaces; 36
c. In the R-30 zoning district: five spaces; 37
3. Such off-street parking areas shall be separate and distinct from the easement or38
turnaround required for the private lane; 39
C. Additional off-street parking spaces, which are not required, may be located on-site or40
off-site as allowed in MMC 20.34.030; and41
D. Parking areas shall not be located within setback areas, except as allowed otherwise by42
law. 43
44
45
Attachment A
Page 54 of 116
Chapter 20.311
Limited Uses2
3
Sections: 4
20.31.010 Home business. 5
20.31.020 Adult family homes and family day care homes. 6
20.31.030 Manufactured homes and trailers. 7
20.31.040 Automobile-related service uses. 8
20.31.050 Commercial horticulture, truck gardening, and agriculture uses. 9
10
20.31.010 Home business. 11
12
A. Home businesses are permitted within a single-family dwelling and are limited to those13
which are customarily incidental and secondary to the use of the dwelling as a14
residence. 15
B. Storage of equipment, materials or any commodity for use in any home business, 16
including home businesses which are conducted on a site other than that where the17
equipment, materials or commodities are stored, shall be considered a home business. 18
C. A home business is not allowed: 19
1. If any structure, in addition to normal residential structures common to the20
neighborhood, is used for said home business; or21
2. If more than one person is employed who is not a family member residing in the22
residence; or23
3. If any signs or commercial names are used or exhibited; or24
4. Unless all employees, clients and family members are required to, and do at all25
times, use off-street parking exclusively, and unless not more than two vehicles26
owned and operated by employees and clients are allowed to be parked on the27
premises at any time; and28
5. If any equipment, materials or commodities which are stored for use in any home29
business are visible from any public or private vantage point outside of the premises30
on which said items are stored. 31
32
20.31.020 Adult family homes and family day care homes. 33
34
A. Adult family homes are a permitted use in any zone allowing a single-family dwelling35
provided the adult family home complies with underlying zoning requirements and the36
requirements set forth in Chapter 70.128 RCW. 37
B. Family day care homes are a permitted use in any zone allowing a single-family dwelling38
provided they have obtained a permit for operation from the City. Permits shall be39
issued by the City, at no cost, upon proof that the family day care home has obtained all40
necessary licenses and approvals from the state to operate such a facility. 41
42
20.31.030 Manufactured homes and trailers. 43
44
A. Manufactured homes are permitted pursuant to RCW 35A.21.312 provided: 45
1. At the time of installation, the manufactured home is new; 46
2. The manufactured home is placed upon a permanent foundation, as specified by the47
manufacture, and that the space from the bottom of the home to the ground be48
enclosed by concrete or an approved concrete product which can be either load49
bearing or decorative; 50
Attachment A
Page 55 of 116
3. The manufactured home shall comply with all zoning requirements such as structural1
coverage, lot area, setbacks, and height; 2
4. The manufactured home is thermally equivalent to the state energy code; and3
5. The manufacture home meets all other requirements for a designated manufactured4
home as defined in RCW 35.63.160. 5
B. Trailers for temporary occupancy. The owner of a parcel of land where no single-family6
dwelling is situated may occupy one trailer as a temporary dwelling during the7
construction of a new dwelling thereon provided: 8
1. A valid building permit for construction of a single-family dwelling has been issued9
and a good faith effort is being made to start construction of said dwelling10
immediately, and work is pursued with diligence; 11
2. The trailer is located in a manner so as to not in any way impede egress or ingress to12
people traveling over joint roads or easements to other properties; 13
3. All City and state regulations relating to sanitation, garbage and trash disposal, water14
and other utilities are met to the satisfaction of the City; 15
4. A Temporary Use Permit is issued pursuant to MMC 20.35.040; and16
5. The trailer does not reduce the number of parking spaces below three required for17
construction vehicles. 18
C. Construction trailers erected during the construction phase of a project are allowed19
provided the trailer is removed prior to the completion of the project. Construction20
trailers may be located within zoning setback areas provided they are screened from21
abutting properties, however, they are not allowed within shoreline setback areas. 22
23
20.31.040 Automobile-related service uses. 24
25
This section establishes the development criteria that apply to automobile-related service26
uses, including accessory uses. 27
A. The minimum setbacks for buildings and structures shall be as follows: 28
1. From front property lines: 30 feet; 29
2. From rear property lines: 30 feet; 30
3. From side property lines: 15 feet, except where the lot abuts a residentially zoned31
property then the minimum setback shall be 30 feet. 32
B. Requirements for parking: 33
1. Minimum off-street parking shall be provided as follows: 34
a. One space for each employee on duty at any time; plus35
b. One space for each 1,000 square feet of the gross floor area of the principle36
building; and37
c. Six spaces for vehicle storage, which may be covered or uncovered; 38
2. At least one additional off-street parking space per building shall be provided and39
designated as a load/ unload area; 40
3. Design standards for parking spaces: 41
a. Spaces may be covered or uncovered; 42
b. Minimum 250 square feet of surface area per parking space; 43
c. Spaces shall be improved with an all-weather surface such as asphalt or44
concrete, but not gravel, and shall include facilities for surface water runoff; 45
d. Spaces shall be arranged and marked in a manner that does not impede access46
to the lot. 47
C. Minimum landscaping and screening requirements: 48
1. Where the automobile-related service use abuts along residentially zoned property, 49
either a six-foot in height fence, or minimum four-foot in height vegetative hedge50
Attachment A
Page 56 of 116
shall be provided that creates a sight-obscuring screen from the abutting residential1
lots; 2
2. Where the automobile-related service use abuts public street right-of-way, the3
following shall apply: 4
a. At least 30 percent of the frontage abutting the street shall be vegetated with5
plantings including shrubs and undergrowth plantings; and6
b. The height of the vegetation shall be maintained in a manner that does not7
obscure clear views for traffic safety. 8
D. Access requirements: 9
1. Access to an automobile-related services use shall be restricted to marked10
driveways at locations approved by the City engineer as appropriate to ensure safe11
and efficient traffic movement; 12
2. Driveway entrances shall not exceed 35 feet in width for each 60 feet of street13
frontage. 14
E. Allowances for signage shall be pursuant to MMC 20.30.020. 15
F. Automobile storage is allowed provided that: 16
1. The use is accessory to a principle automobile-related serve use on the same lot; 17
2. The number of motor vehicles parked on the property shall be limited to what can be18
accommodated under cover or in marked off-street parking, or loading spaces; 19
3. No motor vehicle shall be parked that is: 20
a. Exposed in a partly disassembled or significantly damaged condition; 21
b. Exposed for more than 30 days unless the exposure time is interrupted by22
periods of at least ten consecutive days; and23
c. Parked, including trailers, for display to sell, rent, or as a prize. 24
G. Operation and displays shall meet the following requirements: 25
1. All operation and displays, including those of merchandise, shall be within an26
approved structure, except those directly required to dispense gasoline, water, air, and27
motor oil; 28
2. No accumulation of tires or other automotive materials outside approved structures is29
permitted; and30
3. Trade-inducing prizes shall be deemed merchandise. 31
32
20.31.050 Commercial horticulture, truck gardening, and agriculture uses. 33
34
This section establishes the development criteria that apply to commercial horticulture, truck35
gardening and agriculture uses, including accessory uses. 36
A. Structures may include, but are not limited to such uses as hot houses, greenhouses, 37
storage sheds, heating plants, and similar accessory uses associated with horticulture, 38
truck gardening, and agriculture uses. 39
B. Agriculture uses shall exclude the raising of animals. 40
C. Any retail sales activity arising out of the commercial horticulture, truck gardening and41
agriculture uses shall be limited to the sale of products, in season, grown upon the42
property. 43
44
Attachment A
Page 57 of 116
Chapter 20.321
Special Uses2
3
Sections: 4
20.32.010 General Provisions. 5
20.32.020 Religious Facilities. 6
20.32.030 Schools. 7
20.32.040 Electrical power and utility substations. 8
20.32.050 Clubhouse – Public and Private. 9
20.32.060 Satellite receiving systems. 10
20.32.070 Golf course. 11
20.32.080 Special planning areas. 12
13
20.32.010 General Provisions. 14
15
A. This chapter establishes special development standards that apply to specific uses that16
are designated as special uses. 17
B. The special development standards prescribed by this chapter shall be applied in18
conjunction with other development regulations applicable to the property. 19
C. Where this chapter imposes a requirement that differs from the same development20
standard found elsewhere in this title, the requirement set forth in this chapter shall21
prevail. 22
23
20.32.020 Religious Facilities. 24
25
This section establishes the development criteria that apply to religious facilities, including26
accessory uses. 27
A. The minimum lot area for the religious facilities use is three acres. 28
B. Minimum setbacks: 29
1. The setback for all parts of a building housing a religious facilities use, including30
attached structures, shall be at least 50 feet from all property lines; 31
2. The setback for all other detached buildings and structures, excluding towers used32
for religious purposes and domes not intended for human occupancy, shall be the33
same as those set forth for the zone in Table 20.22.030; 34
3. Towers used for religious purposes and domes not intended for human occupancy35
shall be setback from all property lines a distance of at least twice the height36
distance of the tower. 37
C. Maximum height: 38
1. The height of all buildings and structures on the lot, excluding towers for religious39
purposes and domes not intended for human occupancy, shall not exceed 35 feet40
using the same method of measuring height as set forth in MMC 20.23.070(C), 41
except the measurement of height shall be taken from the low point of the existing42
grade; and43
2. The maximum height of towers for religious purposes and domes not intended for44
human occupancy, including spires and belfries, shall be based on the setback45
distance set forth in MMC 20.32.020(B)(3). 46
D. Maximum structural coverage and impervious surface area: 47
1. Total structural coverage on the lot shall not exceed 35 percent of the lot area; and48
2. Total impervious surface area on the lot shall not exceed 52½ percent of the lot area. 49
Attachment A
Page 58 of 116
E. Landscaping: a sight-obscuring vegetative buffer consisting of trees, shrubs and other1
vegetation shall be installed and maintained along property lines adjoining residentially2
zoned properties. 3
F. Parking: Off-street parking spaces shall be provided at a minimum of one space for4
every 50 square feet of gross assembly floor area, as assembly occupancy is defined by5
the building code, plus one space for every 300 square feet of gross office floor area, as6
office occupancy is defined by the building code. 7
G. Access requirements: 8
1. Ingress and egress of the site shall be by separate entry and exit access ways, 9
which must be approved by the City Engineer; and10
2. Where the lot fronts on more than one street, the entry and exit access ways shall be11
located on the lesser traveled street. 12
H. The approval criteria for a Non-administrative Special Use Permit must be satisfied13
pursuant to MMC 20.72.010. 14
15
20.32.030 Schools. 16
17
This section establishes the development criteria that apply to schools, including accessory18
uses. 19
A. The location of schools shall be limited to lots designated as “School and Institution” on20
the Medina Comprehensive Plan Land Use Map. 21
B. Development standards: 22
1. Minimum setbacks: The setback of all parts of any buildings and accessory buildings23
shall be at least 40 feet from all property lines, except where the school adjoins lots24
zoned residential, the setback shall be at least 60 feet; 25
2. Maximum height: The maximum height of all buildings and structures shall not26
exceed 35 feet from the low point of original or finished grade using the same27
method of measuring height as set forth in MMC 20.23.070(C); 28
3. Maximum structural coverage and impervious surface area: 29
a. The total structural coverage on the lot shall not exceed 35 percent of the lot30
area; 31
b. The requirements for impervious surface area set forth in Table 20.23.020 shall32
apply; and33
4. Minimum lot area: 34
a. Except as provided for in MMC 20.32.030(B)(4)(c), an elementary school shall35
have a lot area of at least five acres for the first 100 students, plus one-half acre36
for each additional 100 students, or fraction thereof; 37
b. A middle or senior high school shall have a lot area of at least ten acres, plus38
one-half acre for each additional 100 students, or fraction thereof; 39
c. Where an elementary school is a secondary use to a religious facilities use on40
the same lot, the minimum lot area may be satisfied by using the combined land41
area for both the school and the religious facilities use, and the minimum lot area42
for the first 100 students shall be three acres, plus one-half acre for each43
additional 100 students, or fraction thereof. 44
C. Building massing: 45
1. The design of buildings shall incorporate features that minimize the amount of three-46
dimensional bulk on the building façade facing towards existing residences; 47
2. Features that may be incorporated include but are not limited to pitch roofs, building48
step-backs or other architectural design techniques that reduce the perceived height49
of the building, and building horizontal and vertical modulation that breaks up solid50
facades. 51
Attachment A
Page 59 of 116
D. Landscaping: 1
1. Landscaping is required that provides vegetative buffers that adequately mitigate2
visual and noise impacts on surrounding residences; 3
2. A landscaping plan must obtain approval from the City that at a minimum includes4
the following: 5
a. Detailed information on the location and species of proposed trees and6
vegetation; 7
b. Include use of year-round foliage patterns as appropriate; 8
c. Provide lines of sight necessary for safe school operation; and9
d. Provide landscaping that reduces visual impacts from public streets while10
minimizing impacts to safety-required lines of sight. 11
E. Traffic and parking requirements: 12
1. A pedestrian and vehicular circulation plan is required that emphasizes safety and13
efficiency; 14
2. The pedestrian and vehicular circulation plan shall at a minimum include the15
following: 16
a. Traffic generation estimates; 17
b. School bus loading and unloading operations; 18
c. Student drop off and pick-up operations; 19
d. Deliveries; and20
e. Mitigation measures to address traffic impacts to streets; 21
3. A parking plan is required that includes adequate off-street parking for staff and22
visitors, and loading and unloading zones; and23
4. The City may require that traffic and parking studies be provided that are prepared24
by a qualified professional traffic engineer that supports the circulation and parking25
plans. 26
F. Lighting requirements: A lighting plan is required that includes: 27
1. Consideration for pedestrian safety; 28
2. Overall lighting levels, which shall not negatively impact surrounding residences; and29
2. Lighting that is directed towards school property only. 30
G. The approval criteria for a Non-administrative Special Use Permit must be satisfied31
pursuant to MMC 20.72.010. 32
33
20.32.040 Electrical power and utility substations. 34
35
This section establishes the development criteria that apply to electrical power and utility36
substations. 37
A. Electric power and utility substations shall be limited to lots and tracts designated as38
Utility” on the comprehensive plan land use plan map. 39
B. All uses shall be in buildings and structures and/or may be required to be enclosed with40
a fence at least six feet in height. 41
C. The fence shall be located in a manner that minimize visual and noise impacts to42
adjoining properties and streets and may be required to be setback at least 30 feet from43
all property lines. 44
D. A sight-obscuring landscaped buffer consisting of evergreen trees, shrubs and other45
vegetation shall be planted adjacent to the fence for a depth of up to 20 feet. 46
E. The height of structures shall be limited to 25 feet using the same method of measuring47
height set forth in MMC 20.23.070(C), except the measurement of height shall be taken48
from the low point of the existing grade. 49
F. The approval criteria for a Non-administrative Special Use Permit must be satisfied50
pursuant to MMC 20.72.010. 51
Attachment A
Page 60 of 116
20.32.050 Clubhouse – public and private. 1
2
This section establishes the development criteria that apply to public and private clubhouse3
uses. 4
A. A clubhouse may include such activities that provide services to the association, but5
shall not provide business activity to customers not associated with the association. 6
B. Parking requirements: Off-street parking shall be provided at the rate of 300 square feet7
of paved and drained parking area for each 100 square feet of internal building floor area8
for meeting and assembly rooms. 9
C. Traffic Requirements: 10
1. Traffic generated from clubhouse activity shall not adversely impact streets; and11
2. A traffic analysis may be required to evaluate traffic impacts on surrounding streets12
and conditions necessary to mitigate for such impacts may be attached to any permit13
approvals. 14
D. Clubhouses shall be limited to properties containing an existing non-residential use15
identified in the comprehensive plan. 16
E. Structural Coverage: Not more than 35 percent of the lot area shall be covered by17
buildings housing a clubhouse use and associated accessory uses. 18
F. The approval criteria for a Non-administrative Special Use Permit must be satisfied19
pursuant to MMC 20.72.010. 20
21
20.32.060 Satellite receiving systems. 22
23
This section establishes the development criteria that apply to satellite receiving systems. 24
A. The purpose of this section is to minimize the adverse visual and physical impact of25
satellite receiving systems in the community without disrupting signal reception for the26
user. All other antennas are exempt from this section but may be covered by other27
provisions of the Medina Municipal Code. 28
B. The following criteria shall be applied in locating and screening satellite receiving system29
hereafter refer to as “antenna”) from adjacent properties: 30
1. Aluminum mesh antennas shall be used whenever possible instead of the solid31
fiberglass type; 32
2. Antennas shall be painted colors that will blend with the background; 33
3. Antennas shall not be greater than 12 feet in diameter; 34
4. Ground-mounted antennas, including their bases, shall be no higher than 15 feet, at35
their highest point, above the existing grade; 36
5. Antennas larger than 36 inches in any dimension shall be screened with landscaping37
if visible from streets or surrounding properties within 500 feet; 38
6. Antennas shall not be located on any easements; 39
7. Installations shall meet all applicable construction codes; 40
8. If guy lines are used, they should be confined within a fenced area; 41
9. Antennas shall comply with all applicable federal or state statutes and regulations; 42
10. Antennas greater than 36 inches in any dimension shall not be roof-mounted unless43
the antenna will not be visible from any streets or surrounding properties within 50044
feet; 45
11. Antennas shall not be located in the front yard of any residential site; and46
12. Antennas shall meet setback requirements of the underlying lot with the setback47
measured from the part of the antenna or its base nearest the property line. 48
C. In addition to the requirements set forth in this section, the approval criteria for a Non-49
administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010. 50
51
Attachment A
Page 61 of 116
20.32.070 Golf course. 1
2
This section establishes the development criteria that apply to golf courses and associated3
accessory uses. 4
A. Site development standards: 5
1. The minimum gross area required for a golf course is 130 contiguous acres; 6
2. No buildings, except open shelters shall be constructed within 100 feet of the outer7
boundaries of the golf course adjoining properties containing residential uses; and8
3. Underlying zoning and development standards shall apply, except setback9
requirements may be waived by the City for property lines located interior to the10
outer boundaries of the golf course. 11
B. Parking requirements: 12
1. Off-street parking spaces shall be provided based on a parking study that evaluates13
anticipated parking demand with an adequate number of spaces being provided to14
prevent spill-over parking onto neighboring properties and streets during peak15
demand periods; 16
2. The parking study shall be prepared by a qualified professional and must17
demonstrate the parking complies with the criteria in MMC 20.32.070(B)(1); 18
3. In determining the minimum number of required parking spaces, a comprehensive19
transportation management plan acceptable to the City may be utilized to reduce the20
anticipated demand for parking; 21
4. The approved transportation management plan shall be recorded with the property; 22
5. Unobstructed vehicular access to and from public or private streets shall be provided23
for all off-street parking spaces; and24
6. Accessible parking spaces shall be provided consistent with state building code25
requirements. 26
C. Traffic requirements: 27
1. A comprehensive traffic study containing an evaluation of traffic generation estimates28
and traffic impacts to City streets shall be provided to the City; and29
2. The traffic study shall be prepared by a qualified professional traffic engineer and30
shall include measures for mitigating traffic impacts to streets. 31
D. The City may at its discretion require a technical review as part of a process for32
approving the use. The selection of a qualified person or party to conduct the review33
shall be at the discretion of the City with the cost borne by the applicant. The review34
shall address the following: 35
1. The accuracy and completeness of the submission; 36
2. The applicability of analysis techniques and methodologies; 37
3. The validity of conclusions reached; and38
4. Any specific engineering or technical issues designated by the City. 39
E. The following uses are considered typical accessory uses of a golf course and may be40
permitted on the grounds of the golf course: 41
1. Clubhouse with locker rooms and food services with the sale of alcoholic beverages42
for members who use the golf course (see MMC 20.32.050); 43
2. Pro-shop including snack bar and retail items associated with recreational activities44
on the golf course marketed for members who use the golf course; 45
3. Sports courts and swimming pool for use by members who use the golf course; 46
4. Maintenance, operational and storage buildings, including golf cart storage; and47
5. Other uses typically associated with a golf course use. 48
F. In addition to the requirements set forth in this section, the approval criteria for a Non-49
administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010. 50
Attachment A
Page 62 of 116
G. As a condition of approving a Non-administrative Special Use Permit, the City may1
require the applicant to provide information and attach such conditions to address2
impacts from the holding of large events. 3
4
20.32.080 Special planning areas. 5
6
A. Following receipt of the applicant’s master plan, the City shall undertake an analysis of7
the proposed facility’s impact on City finances, both during the construction period and8
after completion. The City shall also undertake an analysis of the impact that the facility9
will have on neighboring properties and the City as a whole. 10
B. No special use permit shall be issued for facilities (including essential public facilities) 11
located in special planning areas or for modifications to existing facilities located in12
special planning areas, unless the hearing examiner finds: 13
1. If the application is for an essential public facility, such facility is included within an14
adopted state or regional plan and meets the requirements of RCW 36.70A.200; 15
2. The facility will have no materially detrimental impact on neighboring properties or on16
the City as a whole, during the construction process or following completion, due to17
excessive noise, lighting, impact on the environment or other interference with18
peaceful use, possession and enjoyment of property; or its detrimental impacts on19
neighboring properties and the City as a whole are effectively mitigated; or a20
package of incentives, including mitigation measures, has been proposed by the21
applicant, which would render the impact of the facility on the City as a whole22
effectively mitigated, when considered together with such incentives and mitigation; 23
3. The applicant has complied with all applicable federal, state and county siting and24
permitting requirements; and25
4. The facility will be consistent with the policies expressed in the comprehensive plan. 26
C. In making its determination under MMC 20.32.080(B), the hearing examiner may27
consider the likelihood of additions, expansions or further activity related to or connected28
with a proposed facility and may request that the master plan be amended to include any29
additions, expansions or further activity being planned by the applicant. 30
D. The hearing examiner may apply such conditions as it deems necessary to effectively31
mitigate the detrimental impacts of the facility on neighboring properties and the City as32
a whole. This may include, but shall not be limited to, sound-absorbing barriers; 33
landscaping; sight-obscuring fencing and/or landscaping; landscaped lids; enhanced34
vehicular, transit and pedestrian amenities; public access to the Lake Washington35
shoreline; adequate maintenance; and other mitigation as appropriate. 36
E. Buildings, wireless communication facilities, satellite receiving systems, fences, walls37
and bulkheads installed within a special planning area shall be consistent with the38
master plan and shall meet all applicable City regulations unless otherwise noted in the39
master plan and specifically referenced in the special use permit. The height of any40
structure within a special planning area shall not exceed 35 feet measured from the low41
point of original grade or finished grade, whichever is less, using the same method of42
measuring height set forth in MMC 20.23.070(C). 43
44
45
Attachment A
Page 63 of 116
Chapter 20.331
Historical Uses2
3
Sections: 4
20.33.010 Historical uses - limitations. 5
20.33.020 General requirements. 6
20.33.030 Variances. 7
20.33.040 Approval process. 8
9
20.33.010 Historical uses - limitations. 10
11
A. This chapter establishes the development criteria that apply to historical uses. 12
B. Historical uses are limited to non-residential uses which were in existence at the date of13
incorporation of the City (August 19, 1955). 14
C. Historical uses shall not be allowed on any lot where the use was not operated at the15
date of incorporation. 16
17
20.33.020 General requirements. 18
19
A. A building or structure containing or used in support of a historical use may be ordinarily20
maintained and repaired to its original condition, and for the historical use, with like21
materials and construction methods, but may not be altered, improved, enlarged, 22
expanded or reconstructed without approval granted through the Historical Use Permit23
process of the City. 24
B. Ordinary maintenance and repair shall not exceed 25 percent of the true value of the25
building or structure in any one calendar year, unless approved and granted through the26
Historical Use Permit process of the City. 27
C. Whenever a building or structure containing or used in support of a historical use is, by28
ruling of the building official, destroyed, damaged or deteriorated to the point where29
repairs would cost in excess of 60 percent of its true value, any subsequent use of the30
building or structure to contain or support the historical use is not permitted without31
approval granted through the Historical Use Permit process of the City. 32
33
20.33.030 Variances. 34
35
Deviations to any rules, regulations or provisions of the zoning regulations may be36
authorized pursuant to the requirements for a Historical Use Permit set forth in MMC37
20.72.020. 38
39
20.33.040 Approval process. 40
41
Approval of a historical use is pursuant to the requirements for a Historical Use Permit set42
forth in MMC 20.72.020. 43
44
45
Attachment A
Page 64 of 116
Chapter 20.341
Accessory Uses2
3
Sections: 4
20.34.010 General Provisions. 5
20.34.020 Accessory dwelling units. 6
20.34.030 Off-site – accessory uses. 7
20.34.040 Accessory recreational facilities. 8
9
20.34.010 General Provisions. 10
11
A. This chapter establishes special development standards that apply to specific uses. 12
B. The special development standards prescribed by this chapter shall be applied in13
conjunction with the accessory use provision set forth in MMC 20.21.040 and other14
development regulations applicable to the property. 15
C. Where this chapter imposes a different standard than specified elsewhere in the Medina16
Municipal Code, the special development standards set forth in this chapter shall prevail. 17
18
20.34.020 Accessory dwelling units. 19
20
This section establishes the development criteria that apply to accessory dwelling units. 21
A. Accessory dwelling units meeting the requirements of this section are excluded from22
density and minimum lot area requirements. 23
B. Accessory dwelling units shall be fully contained within and attached to a single-family24
dwelling, or must be located within a detached accessory building containing another25
permitted accessory use. 26
C. Accessory dwelling units are prohibited as the only use in a detached accessory27
building. 28
D. Only one accessory dwelling unit may be permitted on a lot per each single-family29
dwelling located on the same lot. 30
E. The property owner of record must occupy either the single-family dwelling or the31
accessory dwelling unit as a legal residence. Legal residency must be evidenced by32
actual residency. Legal residency shall terminate by reason of absence in excess of one33
year. Legal residency shall immediately terminate upon the payment or receipt of rent for34
both units. 35
F. Development standards: 36
1. The accessory dwelling unit shall comply with the development standards of the37
zoning where the accessory dwelling unit is located; 38
2. The accessory dwelling unit shall contain not less than 300 square feet of gross floor39
area; 40
3. The accessory dwelling unit shall contain no more than the lesser of 1,000 square41
feet of gross floor area, or 40 percent of the total square footage of the gross floor42
area of the single-family dwelling and accessory dwelling unit combined; 43
4. All of the structures on the property shall have the appearance of a single-family44
dwelling and any other permitted accessory structures; 45
5. The entry door to the accessory dwelling unit shall be screened from the street by46
portions of the structure or by dense evergreen vegetation; 47
6. There shall be no sign or other indication of the accessory dwelling unit’s existence48
other than an address sign and a separate mail box; 49
7. The exterior finish of the accessory dwelling unit shall be identical to the residence or50
accessory structure in which it is contained; and51
Attachment A
Page 65 of 116
8. A certification by City of Bellevue Utilities is required indicating that water supply and1
sanitary sewage are available to adequately serve the accessory dwelling unit. 2
G. There shall be one off-street parking space provided for the accessory dwelling unit, 3
which shall be in addition to any off-street spaces required for the principle single-family4
dwelling. 5
H. Garage space may be converted into an accessory dwelling unit only if the number of6
covered spaces eliminated by the conversion is replaced by the same number of7
covered spaces elsewhere on the property. 8
I. An accessory dwelling unit must contain: 9
1. Bathroom facilities that include a toilet, sink and a shower or bathtub; and10
2. Kitchen or food storage and preparation facilities and a sink. 11
J. A property owner seeking to establish a legal accessory dwelling unit shall apply to12
register the dwelling unit with the City pursuant to MMC 20.70.070. The application shall13
include an agreement by the property owner to occupy either the single-family dwelling14
or the accessory dwelling unit and to maintain the accessory dwelling unit in compliance15
with the standards set forth in this section. 16
K. After the accessory dwelling unit is approved, a registration form signed by the record17
holders of the property shall be recorded with the King County Auditor’s office. Said18
registration form shall contain: 19
1. The street address and legal description of the property; 20
2. Description of the requirement for owner occupancy; and21
3. The requirement for maintaining the accessory dwelling unit in compliance with the22
requirements of this section. 23
L. The registration of the accessory dwelling unit may be canceled pursuant to MMC24
20.70.070 by the property owner by recording a certificate of cancellation in a form25
satisfactory to the City with the King County department of records and elections. The26
City may record a notice of cancellation upon failure to comply with the standards set27
forth in this section. 28
29
20.34.030 Off-site accessory uses. 30
31
This section establishes development criteria that apply to accessory uses that are located32
off-site from a principal use. 33
A. The following accessory uses may be exempt from the requirement to locate an34
accessory use on the same lot as the principal use set forth in MMC 20.21.040(C) 35
provided the conditions in MMC 20.34.030(C) are satisfied: 36
1. Accessory recreational facilities prescribed in MMC 20.34.040; 37
2. Improved surface off-street parking areas and detached garages; 38
3. Buildings containing gardening and similar types of uses; 39
4. Storage sheds; and40
5. Playhouse, cabana, beach house and similar accessory uses; 41
B. Accessory uses not listed in MMC 20.34.030(A) must be located on the same lot as the42
lot containing the associated principal use. 43
C. The following conditions must be present for an accessory use to be located off-site: 44
1. The use must be incidental to an existing single-family dwelling; 45
2. The lot containing the accessory use must adjoin and be under the same ownership46
as the lot containing the single-family dwelling; and47
3. No more than two accessory buildings/uses may be located off-site from the principal48
use; 49
4. The development standards in MMC 20.34.030(D) are complied with. 50
Attachment A
Page 66 of 116
D. In addition to other development requirements prescribed by the Medina Municipal1
Code, the following shall apply to accessory uses located off-site from the principal use: 2
1. The maximum height of structures shall be 15 feet above the low point of the existing3
grade using the methodology for measuring height set forth in MMC 20.23.060(C); 4
2. The gross floor area of buildings and structures shall not exceed 1,000 square feet; 5
3. Roof eaves shall not protrude more than two feet from the exterior walls of a building; 6
and7
4. Total impervious surface area, excluding the footprint of the building or structure8
housing the accessory use, shall not exceed 2,000 square feet. 9
E. In order to inform subsequent purchases of real property about the existence of the10
condition requiring the property containing the off-site accessory use to be under the11
same ownership as the property containing the principal single-family dwelling: 12
1. The property owner shall file for record a notice on the title of the property containing13
the off-site accessory use a statement of this condition; and14
2. The notice on the title shall be recorded with King County and include a statement15
that a breach of this condition is a violation of the Medina Municipal Code subject to16
enforcement action prescribed by the Medina Municipal Code. 17
The notice shall run with the land and may be removed if transfer of ownership in the18
property would not cause a violation of the Medina Municipal Code to occur. 19
F. Failure by a property owner to provide notice as prescribed by this section to a20
purchaser of the subject property prior to the transferring of interest in the property shall21
be a violation of the Medina Municipal Code subject to enforcement action prescribed22
under Chapter 20.16 MMC. 23
24
20.34.040 Accessory recreational facilities25
26
This section establishes the development criteria that apply to accessory recreational27
facilities, including minor accessory recreational facilities. 28
A. Accessory recreational facilities are categorized as either major or minor pursuant to the29
following: 30
1. Major accessory recreational facilities include the following and require approval of31
an Administrative Special Use Permit pursuant to MMC 20.71.030: 32
a. Active sports courts such as tennis, paddle tennis, basketball, and similar33
facilities; 34
b. Swimming pools; 35
c. Hot tubs and spas, except as allowed in MMC 20.34.040(B); and36
d. Other similar sports facilities that provide active outdoor recreational activity and37
with similar impacts on adjoining properties. 38
2. Minor accessory recreational facilities such as a basketball hoop and temporary39
game nets do not require approval of an Administrative Special Use Permit provided: 40
a. Installation of the facility does not require additional paved surface area; 41
b. No illumination beyond normal house lighting is installed for use of the facility; 42
c. The facility is not located inside any setback areas; and43
d. Maximum noise level requirements in Chapter 8.06 MMC are followed. 44
B. Hot tubs and spas do not require approval of an Administrative Special Use Permit45
where: 46
1. If the hot tub and/ or spa is permanent: 47
a. The facility is located within 20 feet of a single-family dwelling; 48
b. Special outdoor lighting is not installed other than in-water low-light illumination49
directed away from any adjoining properties; 50
Attachment A
Page 67 of 116
c. Pump and mechanical equipment are located inside of the residential structure or1
enclosed by sound attenuating structure; 2
d. A barrier is provided as prescribed by the building code; 3
e. The facility is not located inside any setback areas; and4
f. The hot tub/ spa drains into the sanitary sewer system. 5
2. If the hot tub and/ or spa is temporary: 6
a. It is not erected for more than seven days during any one month period; 7
b. It meets the criteria in MMC 20.34.040(B)(1)(a) through (e). 8
C. Development standards: 9
1. Major recreational facilities shall comply with the development requirements of the10
zone in which the recreational facility is located, except as provided in MMC11
20.34.040(C)(3); 12
2. Swimming pools, spas and hot tubs shall have the setback measured from the13
property line to the outside edge of the structural rim of the vessel (see Figure14
20.23.040(C)(2)); 15
3. Swimming pools, spas and hot tubs not exceeding two feet in height may protrude16
into a setback area from a rear property line provided: 17
a. At least a 15-foot setback is maintained from the rear property line; and18
b. All other setbacks from front property lines, side property lines, Lake Washington, 19
and private lanes are followed; 20
4. The height of a swimming pool, hot tub or spa is measured from the lowest point of21
original grade or finished grade, whichever grade is lower, underneath the parameter22
of the facility to the highest point of the structural rim of the vessel. (See Figure23
20.23.040(C)(4).) 24
25
Figure 20.34.040(C)(2) 26
Measuring Setback for Swimming Pools, Hot Tubs and Spas27
28
29
30
31
32
33
34
35
36
37
38
Walkway may be subject to other setback requirements. 39
40
Figure 20.34.040(C)(4) 41
Height of Swimming Pools, Hot Tubs and Spas42
43
44
45
46
47
48
49
50
51
Original Grade
Finished Grade
Top of Rim
Height
Vessel
Lowest Point of Original
and Finished Grade
Structural
Rim
Vessel
Property Line
Setback
Walkway*
Attachment A
Page 68 of 116
Chapter 20.351
Temporary Uses2
3
Sections: 4
20.35.010 Purpose. 5
20.35.020 Applicability. 6
20.35.030 Placement requirements for a temporary public facility. 7
20.35.040 Placement requirements for temporary wireless communication facilities. 8
20.35.050 Waiver of zoning standards. 9
10
20.35.010 Purpose. 11
12
This chapter is intended to permit certain uses identified in this chapter that are inherently13
temporary. 14
15
20.35.020 Applicability. 16
17
This chapter applies to the location of a temporary public facility as defined in MMC18
20.12.210 when located within a residential zoning district, and the placement of temporary19
wireless communication facilities. 20
21
20.35.030 Placement requirements for a temporary public facility. 22
23
A temporary public facility may be located in any residential zone provided: 24
A. An existing nonresidential use identified in the comprehensive plan occupies the property; 25
and26
B. The public facility is a short-term use of property for a period not to exceed an 1827
consecutive month period with the intent to discontinue such use upon the expiration of28
the permitted time period; 29
C. The gross floor area of buildings and structures housing the public facility does not30
exceed 3,500 square feet; and31
D. A Temporary Use Permit is approved pursuant to MMC 20.70.060. 32
33
20.35.040 Placement requirements for temporary wireless communication34
facilities. 35
36
A wireless communication facility temporarily placed on property may be exempted from the37
requirements for wireless communication facilities prescribed in Chapter 20.37 MMC38
provided: 39
A. The limitations on permitted locations set forth in MMC 20.37.050 shall continue to40
apply; 41
B. The temporary wireless communication facility shall be placed on the property in a42
manner that is the least intrusive impact on nearby residential properties; 43
C. Concealment techniques are incorporated that screen, hide, or disguise the facility in a44
manner that makes the facility visually inconspicuous to the extent technically feasible to45
surrounding properties and City streets; 46
D. The highest point of the wireless communication facility shall not exceed a vertical47
distance of 45 feet measured from the existing grade directly below the facility; 48
E. The setbacks for the zone in MMC 20.22.030 and noise control requirements in Chapter49
8.06 MMC shall apply; 50
F. Signage is prohibited; 51
Attachment A
Page 69 of 116
G. The wireless communication facility is a short-term use of the property intended to be1
discontinued after a period not to exceed six continuous months, except where allowed2
otherwise by law; 3
H. The wireless communication facility is not moved to another location within the City or4
replaced with another temporary wireless communication facility in order to circumvent5
the time limitations set forth in MMC 20.35.040(G); and6
I. A Temporary Use Permit is approved pursuant to MMC 20.70.060. 7
8
20.35.050 Waiver of zoning standards. 9
10
A. The requirements for minimum zoning setbacks from property lines and the11
requirements for maximum structural coverage may be waived by the Director with the12
approval of a Temporary Use Permit to allow for the placement of a temporary public13
facility. 14
B. This section shall not apply to the placement of any wireless communication facility. 15
16
17
Attachment A
Page 70 of 116
Chapter 20.361
Nonconformity2
3
20.36.010 Declaration and Purpose. 4
20.36.020 Applicability. 5
20.36.030 Establishment of a legal nonconformity. 6
20.36.040 Nonconforming lots. 7
20.36.050 Nonconforming uses. 8
20.36.060 Nonconforming structures. 9
20.36.070 Nonconforming signs. 10
20.36.080 Unlawful uses and structures. 11
20.36.090 Abatement of public nuisance. 12
13
20.36.010 Declaration and Purpose. 14
15
A. The City recognizes there are lots, structures and uses of land which were lawful at the16
time of their establishment, but which now do not conform with the development17
regulations in effect. These nonconformities should eventually be converted to a18
conforming status. 19
B. The purpose of this chapter is to: 20
1. Establish uniform provisions for the regulating of legal nonconformities consistent with21
the following: 22
a. Avoiding undue hardship on property owners by permitting the nonconformity to23
continue until such time that nonconforming property rights are abandoned; and24
b. Encouraging the preservation of Medina’s existing residential housing stock by25
allowing limited alterations and expansion of existing nonconforming residential26
buildings. 27
2. Set forth the conditions under which changes to a nonconforming lot, structure, or28
use of land shall constitute abandonment and require the conversion to conforming29
status. 30
31
20.36.020 Applicability. 32
33
A. The requirements and thresholds established in this chapter shall apply to all34
development regulated under Titles 18, and 20 of the Medina Municipal Code. 35
B. This chapter is intended to be applied in combination with other sections of the Medina36
Municipal Code relating to nonconformity, including, but not limited to those prescribed in37
the building and fire codes. 38
C. Nothing in this chapter shall prohibit the establishment of special regulations for specific39
nonconformities regulated by other sections of the Medina Municipal Code. 40
41
20.36.030 Establishment of a legal nonconformity. 42
43
A party asserting the existence of a lawfully established nonconforming lot, structure or use44
of land has the burden of proof that the lot, structure or use of land was not substandard in45
meeting the development regulations in effect at its creation. 46
47
20.36.040 Nonconforming lots. 48
49
The following shall apply to all nonconforming lots: 50
Attachment A
Page 71 of 116
A. A nonconforming lot may be developed and used in the same manner as a conforming1
lot provided that the lot development or use complies with applicable development2
regulations (other than those involving lot area, lot width, street frontage, or similar3
dimensional standards applicable to lots) or a variance from applicable development4
regulations is granted. 5
B. Modifications to the area and/ or dimensional standards of a nonconforming lot are6
permitted provided a modification does not increase nonconformity or create new7
nonconformity (example of increasing the nonconformity: taking an existing substandard8
lot area and making it smaller). 9
C. A government agency may lawfully modify a lot in a manner that would result in10
nonconformity, if the modification is for the purpose of acquiring property for a public use11
or purpose, or is permitted otherwise by law. 12
13
20.36.050 Nonconforming uses. 14
15
The following shall apply to all nonconforming uses: 16
A. Any legally established nonconforming use may continue until such time that the rights17
for the nonconforming use are abandoned pursuant to MMC 20.36.050(C). 18
B. A nonconforming use may not be expanded nor may the structure containing a19
nonconforming use be enlarged, except as provided for existing nonresidential uses in20
MMC 20.30.030. 21
C. A nonconforming use shall be determined abandoned and all rights to the22
nonconforming use lost if: 23
1. The use is changed; or24
2. The use is discontinued for a period of six consecutive months or more; or25
3. The use is discontinued for a total of six months or more during a 12 consecutive26
month period; or27
4. A structure housing a nonconforming use experiences substantial destruction or28
reconstruction, except as provided for in MMC 20.36.050(D). 29
D. A structure housing a nonconforming use, or used in support of a nonconforming use, 30
that experiences substantially destruction or reconstruction may have the nonconforming31
use continued provided: 32
1. The substantial destruction and/ or reconstruction is the result of a fire or other33
casualty not intentionally caused by any owner or tenant of the property, and a34
complete building permit application is filed with the City within six months of such35
fire, natural disaster, or casualty event; or36
2. The nonconforming use is eligible for, and the property owner obtains, approval for a37
Non-administrative Special Use Permit pursuant to the use table in MMC 20.21.03038
and MMC 20.72.010, or a Non-administrative Conditional Use Permit pursuant to39
MMC 20.30.030 and MMC 20.72.010. 40
3. The Director may grant up to a six month extension of the time limitation set forth in41
MMC 20.36.050(D)(1) provided: 42
a. The property owner requests the extension in writing prior to the expiration of the43
time limitation; and44
b. The property owner demonstrates extenuating circumstances not of the property45
owners own making that delay submission of a building permit application, such46
as resolution of an insurance claim. 47
E. Ordinary maintenance and repair of a structure housing a nonconforming use, such as48
painting or plumbing repair, shall be permitted provided: 49
1. The work is to maintain safe and sanitary conditions and does not enlarge or expand50
the structure; and51
Attachment A
Page 72 of 116
2. The work does not result in substantial destruction or reconstruction. 1
F. A nonconforming use shall not be changed to another nonconforming use. 2
3
20.36.060 Nonconforming structures. 4
5
The following shall apply to all nonconforming structures: 6
A. Any legally established nonconforming structure may continue until such time that the7
rights for the nonconformity are abandoned pursuant to MMC 20.36.070(D). 8
B. Where multiple structures exist on the same lot, the requirements of this section shall9
apply to each structure independent of the other structure on the same lot; except where10
the nonconformity is due to exceeding the applicable structural coverage maximum, the11
requirements of this section shall apply to the combined structural coverage of all12
structures on the same lot as if they were one structure (example: a nonconforming13
structural coverage for a single-family dwelling and a detached garage would be14
considered abandoned if the total exterior walls of the single-family dwelling plus the15
exterior walls of the detached garage were demolished consistent with the threshold16
established in MMC 20.36.060(D)). 17
C. A nonconforming structure may be enlarged, expanded, extended, repaired, remodeled, 18
or structurally altered provided the work does not increase the nonconformity as19
specified in MMC 20.36.060(G), except nonconformity may be increased if: 20
1. A minor deviation is approved pursuant to Chapter 14.08 MMC to match an existing21
nonconforming setback or nonconforming height; or22
2. An intrusion into a setback, or additional structural coverage exceeding the zoning23
maximum, is determined by the City to be (i) reasonably necessary and (ii) the24
minimum necessary to improve access for elderly or disabled persons. 25
D. Except as provided for in MMC 20.36.060(F), a nonconforming structure shall be26
determined to have its nonconformity abandoned and all nonconforming rights lost27
where: 28
1. Any single-family dwelling, or any detached accessory building associated with a29
single-family dwelling, experiences substantial destruction; or30
2. A structure, not listed in MMC 20.36.060(D)(1), experiences either substantial31
destruction or reconstruction. 32
E. Where the rights to a nonconforming structure have been abandoned, continuation of33
the nonconformity shall cease and any subsequent repair, remodel, alteration, or34
rebuilding shall require the entire structure to be brought into compliance with all35
development regulations in effect. 36
F. A nonconforming structure that experiences substantial destruction or reconstruction37
may maintain the condition of nonconformity provided that: 38
1. The substantial destruction and/ or reconstruction is the result of a fire, natural39
disaster or other casualty not intentionally caused by any owner or tenant of the40
property, and a complete building permit application is filed with the City within six41
months of such fire or casualty event; or42
2. The nonconforming structure, or portion thereof, was declared to be unsafe by the43
City’s Building Official, and the property owner submits an application for a building44
permit to reconstruct within six months of said determination. 45
3. The Director may grant up to a six month extension to the time limitation set forth in46
this Section provided: 47
a. The property owner requests the extension in writing prior to the expiration of the48
time limitation; and49
Attachment A
Page 73 of 116
b. The property owner demonstrates extenuating circumstances not of the property1
owners making that delay submission of a building permit application, such as2
resolution of an insurance claim. 3
G. A nonconforming structure that is enlarged, expanded, extended, repaired, remodeled, 4
or structural altered shall comply with the following: 5
1. All applicable development regulations including, but not limited to zoning and6
building; 7
2. The work shall not add any new structure size or area to those parts of the existing8
structure that is the cause of the nonconformity as shown in Figure 20.36.060, unless9
otherwise allowed by law; 10
3. Upper level additions to a structure, where the total structural coverage on the lot the11
structure is located exceeds the maximum structural coverage allowed on the lot, are12
permitted provided: 13
a. The total footprint of the upper level including modifications does not exceed the14
maximum structural coverage prescribed for the lot; and15
b. The maximum height of the structure shall be limited as follows: 16
i. If the structure is located in the R-20, R-30 or SR-30 zone, the maximum17
height of the structure shall be the lower of 25 feet above original grade or 2818
feet above finished grade as measured pursuant to MMC 20.23.060(C); or19
ii. If the structure is located in a zone other than those set forth in MMC20
20.36.060(G)(3)(b)(i), the maximum height shall be pursuant to the height21
standards prescribed by the zone where the structure is located; 22
23
Figure 20.36.060 Making Up the Nonconformity24
25
26
Setback: 27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Setback Area
Part of Building in
Setback Area*
Attachment A
Page 74 of 116
Structural Coverage: 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Height: 19
20
21
22
23
24
25
26
27
28
29
30
Part of Structure Causing the Nonconformity31
32
33
20.36.070 Nonconforming signs. 34
35
Refer to MMC 20.30.020 for regulations pertaining to nonconforming signs. 36
37
20.36.080 Unlawful uses and structures. 38
39
A. Uses and structures that did not comply with applicable development regulations in40
effect at the time of its establishment are determined illegal and subject to enforcement41
as prescribed by law. 42
B. Nothing in this Chapter shall be interpreted as granting any right to continue occupancy43
of property containing an illegal use or structure. 44
C. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to45
establish the existence of a nonconforming use and/ or structure. 46
47
20.36.090 Abatement of public nuisance. 48
49
Regardless of any provisions in this Chapter, any nonconformity found to be a public50
nuisance, pursuant to Chapter 8.04 MMC, shall be terminated. 51
52
Total Structural
Coverage Allowed
Part of Building Exceeding
Maximum Structural
Coverage Allowance*
Maximum Height
Part of Building Exceeding
Maximum Height*
Attachment A
Page 75 of 116
Chapter 20.371
Wireless Communication Facilities2
3
Sections: 4
20.37.010 Purpose. 5
20.37.020 Nondiscrimination. 6
20.37.030 Applicability. 7
20.37.040 Licensed amateur (HAM) radio. 8
20.37.050 Permitted locations. 9
20.37.060 Parks and Public Places zoning – limitations. 10
20.37.070 Site requirements – outside of City rights-of-way. 11
20.37.080 Site requirements – City rights-of-way. 12
20.37.090 Security fencing. 13
20.37.100 Concealment. 14
20.37.110 Co-location. 15
20.37.120 Non-administrative special use permit required. 16
20.37.130 Application submittal requirements. 17
20.37.140 Requirement to demonstrate need for facility. 18
20.37.150 Radio frequency standards. 19
20.37.160 Assignment of subleasing. 20
20.37.170 Maintenance required. 21
20.37.180 Abandoned facilities. 2223
20.37.010 Purpose. 2425
The purpose of this chapter is to establish design, permitting, and placement standards for26
wireless communication facilities that: 27
A. Provides adequate wireless communication coverage to the residents of the City, the28
traveling public, and others within the City’s jurisdiction; 29
B. Ensures wireless communication facilities are consistent with the residential character of30
the City; 31
C. Establishes development standards for wireless communication facilities that are least32
intrusive and take into account the scale (height and mass), proximity to each other, and33
the informal landscaping that contribute to the distinctive setting of the community; 34
D. Maximizes the use of any support structure and existing suitable structures and buildings35
in order to reduce the need to construct or install new support structures; and36
E. Protect the public health, safety and welfare. 3738
20.37.020 Nondiscrimination. 3940
The Federal Telecommunication Act (FTC) provides that the City shall not unreasonably41
discriminate among providers of functionally equivalent services. 4243
20.37.030 Applicability. 4445
A. The provisions of this chapter shall apply to all new and expansion and/or alteration of46
wireless communication facilities located within the boundaries of the City, except for the47
following: 48
1. Those facilities used for the primary purpose of public safety by a public agency, 49
such as police, and 911 communications systems; 50
2. Incidental use of a support structure exempts under MMC 20.37.030(A)(1) by non-51
public entities for the attachment of antennas and ancillary facilities; 52
3. Wireless radio utilized for emergency communications in the event of a disaster; 53
Attachment A
Page 76 of 116
4. An antenna that is designed to receive television broadcast signals; 1
5. An antenna for receiving and sending of amateur radio devices or HAM radios2
provided the criteria in MMC 20.37.040 are satisfied; 3
6. An antenna that is one meter or less in diameter or diagonal measurement, which is4
designed to receive direct broadcast satellite services, including direct-to-home5
satellite services and those subject to MMC 20.32.060; 6
7. An antenna that is one meter or less in diameter or diagonal measurement, which is7
designed to receive video programming services via multipoint distribution services, 8
including multi-channel multipoint distribution services, instructional television fixed9
services, and local multipoint distribution services. 10
B. It is the express intent of the City to impose all regulations in this chapter to all land11
within the City, whether publicly or privately held including private property, City property, 12
state-owned right-of-way, and/ or church property, utility property and school property. 1314
20.37.040 Licensed amateur (HAM) radio. 1516
Antennas for the receiving and sending of amateur radio devices (HAM) shall be exempt17
from the requirements of this chapter provided: 18
A. The height of the antenna, including any tower, does not exceed the maximum zoning19
height applicable to the property; 20
B. The radio is owned and operated by a federally licensed amateur radio station operator, 21
or is used exclusively for “receive only” antenna; 22
C. No lights of any kind shall be attached to, and no direct or indirect means of artificial23
illumination shall be employed, on the antenna or tower; 24
D. Concealment pursuant to MMC 20.37.100 shall be incorporated into the antenna and25
tower to the extent allowed under the requirements set forth by the Federal Aviation26
Administration (FAA); 27
E. Towers shall not be located within any setback areas and must be placed a distance28
from all property lines and existing residential structures equal to, or greater than, its29
height (not including the antenna); 30
F. No signs shall be permitted except as required by federal regulations, where such a sign31
shall be limited to one in quantity and no larger than 8 ½ inch by 11 inches; 32
G. The tower shall not be used for commercial purposes; and33
H. Towers must meet all applicable state and federal statues, rules and regulations, 34
including obtaining a building permit from the City, if necessary. 3536
20.37.050 Permitted locations. 3738
Wireless communication facilities may be permitted at the following locations: 39
A. Properties zoned R-16 District, R-20 District, and SR-30 District containing a40
nonresidential use identified in the Land Use Inventory set forth in the Medina41
Comprehensive Plan; and42
B. Properties zoned Neighborhood Auto and Primary State Highway; and43
C. Properties zoned Parks and Public Places, subject to the limitations set forth in MMC44
20.37.060; and45
D. All opened and un-opened City rights-of-way, regardless of the underlying zoning46
district. 47
E. All other locations within the City’s jurisdiction are prohibited. 4849
50
Attachment A
Page 77 of 116
20.37.060 Parks and Public Places zoning – limitations. 12
A. Wireless communication facilities are prohibited in all portions of City parks, except: 3
1. Those portions of Fairweather Nature Preserve which are non-forested and adjacent4
to the state highway right-of-way; 5
2. Ancillary facilities placed within the interior of a City-owned building; and6
3. Antennas mounted on the exterior of City-owned buildings. 7
B. The determination of whether to allow or not allow the placement of wireless8
communication facilities within City parks shall be governed by the provisions set forth in9
Chapter 19.08 MMC, and such policies, procedures, or regulations adopted by the City10
Council relating to the leasing of City property. 1112
20.37.070 Site requirements – outside of City rights-of-way. 1314
The following site requirements shall apply to wireless communication facilities that are15
located pursuant to MMC 20.37.050(A), (B), and (C). 16
A. An antenna and ancillary facility may use an existing nonresidential building as a support17
structure provided that: 18
1. Only one of the following may be mounted on the building: 19
a. One tubular panel antenna; 20
b. One whip antenna; or21
c. One non-reflective parabolic dish antenna not more than one-foot in diameter. 22
2. More than one antenna may be mounted on the same nonresidential building when: 23
a. The added antenna is for the purpose of co-location as prescribed by MMC24
20.37.110 provided each telecommunication carrier shall be limited to only one25
antenna on the same nonresidential building; and/ or26
b. The added antenna is for a Global Positioning System (GPS) antenna less than27
12 inches at its greatest dimension. 28
3. Ancillary facilities may be located on- or off-site and shall be placed within the interior29
of an existing nonresidential building or an equipment housing structure. This30
provision shall not apply to conduit or cabling for power and/ or data. 31
4. The maximum height of the wireless communication facility, including the height of32
the antenna, shall not exceed the lower of a height of 35 feet above finished or33
original grade, whichever is lower, or: 34
a. Six feet, eight inches, measured to the top of a tubular antenna above the roof35
proper at the point of attachment; 36
b. Ten feet measured to the tip of whip antenna above the roof proper at the point37
of attachment; 38
c. Five feet measured to the top of a parabolic dish above the roof proper at the39
point of attachment. 40
5. Wireless communication facilities, except for security barriers, shall be set back a41
distance of at least 500 feet from the property line of all residential properties, except42
when located in an existing non-residential building, the existing setbacks of the non-43
residential building shall apply. 44
6. In addition to the provisions prescribed by this subsection, if a support structure is45
attached to an existing nonresidential building, the provisions set forth in MMC46
20.37.070(B) shall apply where applicable. 47
7. Concealment consistent with MMC 20.37.100 is incorporated to minimize visual48
impacts and provide appropriate screening. 49
8. Buildings containing a residential occupancy as defined by the building code shall50
not be utilized as a support structure. 51
Attachment A
Page 78 of 116
B. An antenna may be mounted to a support structure such as a lattice tower, monopole1
and similar freestanding structures provided that: 2
1. The support structure shall be designed and placed on the site in a manner that uses3
existing trees, mature vegetation, and existing structures to: 4
a. Screen as much of the total facility from prevalent views; 5
b. Provide background in a manner that the total facility blends to the maximum6
extent feasible into the background with increased sight distances; and7
c. Integrates the existing trees and mature vegetation to the maximum extent8
feasible with concealment requirements. 9
2. The maximum height of the wireless communication facility, including the height of10
the antenna, shall not exceed 35 feet above original or finished grade, whichever is11
lower. 12
3. The maximum height in MMC 20.37.070(B)(2) may be increased up to 80 feet13
without a variance if: 14
a. The wireless communication facility is located in Fairweather Nature Preserve15
consistent with MMC 20.37.060(A); and16
b. The increase in height is the minimum necessary to avoid a significant gap in17
service coverage on the SR 520 floating bridge; and18
c. The increase in height supports future co-location on the support structure19
pursuant to MMC 20.37.110; and20
d. All other applicable provisions of this chapter are followed. 21
4. Wireless communication facilities, except for security barriers, shall be set back a22
distance of at least 500 feet from the property line of all residential properties. 23
5. Ancillary facilities may be located on- or off-site and shall be placed within the interior24
of an existing nonresidential building or an equipment housing structure. This25
provision shall not apply to conduit or cabling for power and/ or data. 26
6. Concealment consistent with MMC 20.37.100 is incorporated to minimize visual27
impacts and provide appropriate screening. 2829
20.37.080 Site requirements – City rights-of-way. 3031
The following site requirements shall apply to wireless communication facilities that are32
located pursuant to MMC 20.37.050(D). 33
A. Antennas shall be mounted to an existing utility support structure, except as provided in34
MMC 20.37.080(E). 35
B. The maximum height of the wireless communication facility shall not exceed the height36
of the existing utility support structure, except up to 15 additional feet of height may be37
permitted above the existing utility support structure, without a variance, provided: 38
1. Either the increase in height is established by the applicant as the minimum39
necessary to eliminate a significant gap in service coverage, or the increase in height40
is established by the applicant as the minimum necessary to separate components of41
the wireless communication facility from the electrical primary lines; and42
2. Negative visual impacts on adjacent properties are minimized by incorporating43
concealment and screening; and44
3. The measurement for maximum height of the existing utility support structure shall45
not include replacements pursuant to MMC 20.37.080(D). 46
4. The City may at its discretion require an engineering and technical review as part of47
a process for approval of the height increase. The selection of a qualified person or48
party to conduct the engineering and technical review shall be at the discretion of the49
City with the cost of the engineering and technical review to be borne by the50
applicant. The engineering and technical review shall address the following: 51
a. The accuracy and completeness of the submission; 52
Attachment A
Page 79 of 116
b. The applicability of analysis techniques and methodologies; 1
c. The validity of conclusions reached; and2
d. Any specific engineering or technical issues designated by the City. 3
C. The placement of wireless communication facilities on utility support structures in the4
City rights-of-way shall be subject to the following requirements: 5
1. No minimum setback distance from property lines is required; 6
2. The applicant must demonstrate the selected location, support structure, and7
wireless communication facilities will have the least intrusive impact on the high-8
quality residential setting of the community as described in the Medina9
Comprehensive Plan after considering technical, engineering, and other pertinent10
factors. 11
3. Utility support structures containing wireless communication facilities owned and/ or12
operated by the same entity or person, or by entities or persons having common13
ownership or control, shall be separated by a distance of at least 750 feet, or by a14
distance where no additional wireless communication facilities are visible within the15
view-shed of the subject pole, whichever distance is less. 16
a. Distance shall be measured in a straight line between the bases of the subject17
poles. 18
b. This subsection shall not be construed as granting an exclusive right to any19
person or entity that would exclude competitors from locating wireless20
communication facilities in the City rights-of-way. The minimum distance21
required for separation shall not be applied between wireless communication22
facilities that are functionally separate and owned and/ or operated by different23
entities having no common ownership or control. 24
4. Antennas shall meet the following requirements: 25
a. Antennas mounted on top of a utility support structure shall not extend outside of26
the circumference of the pole as measured at the base, except: 27
i. Antennas placed inside of a shroud may extend outside the circumference of28
the pole provided the diameter of the shroud does not exceed 1.25 multiplied29
by the diameter of the pole as measured at the base; or30
ii. Omni-directional antennas not exceeding four inches in width with a volume31
of 905 cubic inches or less each may be mounted on a single cross arm32
attached to the pole provided each antenna is separated from the nearest33
antenna by a horizontal airspace distance of at least three times the width of34
the larger antenna. 35
b. Antennas mounted to the side of a utility support structure shall: 36
i. Not have the furthest point of any antenna (including mounting brackets) 37
extend more than one-foot outside of the circumference of the pole measured38
at the point of attachment, except: 39
ii. Omni-directional antennas may be mounted on a cross arm subject to the40
limitations set forth in MMC 20.37.080(C)(4)(a)(ii). 41
c. More than one antenna may be mounted to a utility support structure. 42
d. Concealment is incorporated pursuant to MMC 20.37.100. 43
5. Conduit required for power and cabling attached to the outside of a utility support44
structure shall be limited to four inches in diameter per conduit and the total combine45
diameter of conduit for all wireless communication users at any individual location46
shall not exceed 16 inches. 47
6. The hearing examiner may approve deviations from the standards in MMC48
20.37.080(B), 20.37.080(C)(3),(4) and (5), and MMC 20.37.080(E) under a Non-49
administrative Special Use Permit provided the applicant can demonstrate the50
deviation will satisfy the following criteria: 51
Attachment A
Page 80 of 116
a. There exists an actual (not theoretical) significant gap in service coverage; 1
b. The proposed deviation will be designed and located to remove the significant2
gap in service coverage in a manner that is, in consideration of the values, 3
objectives, and regulations set forth in this chapter, including MMC4
20.37.080(C)(2), the zoning code, and the comprehensive plan, the least5
intrusive upon the surrounding area; 6
c. The granting of the deviation will not be detrimental to the public welfare; 7
d. The proposed least intrusive deviation is the minimum deviation necessary to8
resolve the significant gap in service coverage; 9
e. No other less intrusive and feasible, alternative technologies, existing support10
structures, or alternative sites are available that will allow the applicant to resolve11
the significant gap in service coverage without a deviation from the standard. 12
7. Ancillary facilities may be located on- or off-site and shall be placed within the interior13
of an existing nonresidential building or an equipment housing structure. This14
provision shall not apply to conduit or cabling for power and/ or data. 15
8. Concealment, consistent with MMC 20.37.100, is incorporated to minimize visual16
impacts and provide appropriate screening. 17
9. The purpose statements set forth in MMC 12.32.010 for structures in the unimproved18
portions of the public’s right-of-way are applied as applicable. 19
D. For purposes of MMC 20.37.080(A), an existing utility support structure shall include a20
utility pole that replaces an existing utility pole provided: 21
1. The replacement is consistent with standard utility pole replacement practices for22
maintenance or emergencies; or23
2. The replacement is for the purpose of accommodating additional wireless24
communication facilities provided the diameter width of the replacement is not more25
than 1.5 multiplied by the diameter of the base of the existing pole; or26
3. The replacement is for the purpose of accommodating street improvements required27
by the City; and28
4. Except for MMC 20.37.080(D)(3), the replacement pole shall not be moved more29
than ten feet from the location of the existing pole (measured from the pole center30
point of the existing and new pole location). 31
E. When an existing utility support structure is unavailable due to utilities being located32
underground, an alternative support structure may be approved by a Non-administrative33
Special Use Permit provided: 34
1. Placement is consistent with the provisions set forth in MMC 20.37.080(C); 35
2. The height of the wireless communication facility does not exceed a height of 45 feet36
above the existing grade, except within the Neighborhood Character Preservation37
District Overlay the maximum height shall be the lower of: 38
a. Thirty-five feet above the existing grade; or39
b. The elevation at the highest point of the roof of the nearest single-family dwelling40
located on the higher elevation side of the support structure. 41
3. The wireless communication facility is designed in accordance with the following: 42
a. The antenna and ancillary facilities are incorporated into the interior of the43
support structure or concealed so as not to be visible from any City street or44
surrounding neighborhood properties; and45
b. The support structure is disguised to appear as a decorative or attractive46
architectural or natural feature, such as a decorative street light, artwork, tree, 47
bush, or similar feature. 48
c. Concealment, consistent with MMC 20.37.100, is incorporated to minimize visual49
impacts and provide appropriate screening. 5051
52
Attachment A
Page 81 of 116
20.37.090 Security barrier. 12
If a security barrier is installed that includes a fence, wall or similar freestanding structure, 3
the following shall apply: 4
A. The height of the structure shall not exceed six feet measured from the point of existing5
or finished grade, whichever is lower at the exterior side of the structure to the highest6
point of the structure. 7
B. A sight-obscuring vegetated landscaped barrier shall be installed and maintained to8
screen the structure and facilities from adjoining properties and City rights-of-way. 9
1. Placement of landscape vegetation shall include areas outside of the barrier and10
shall obscure the site within 12 months. 11
2. Landscaping and the design of the barrier shall be compatible with other nearby12
landscaping, fencing and freestanding walls. 13
C. If a chain-linked fence is used, it shall be painted or coated with a non-reflective color. 14
D. The limitations set forth for walls and fences in MMC 20.30.010 shall apply. The15
limitation for a chain-link fence shall not apply if the wireless communication facility is16
located in the City rights-of-way. 1718
20.37.100 Concealment. 1920
All wireless communication facilities must incorporate concealment techniques consistent21
with this section that screen, hide, or disguise facilities in a manner that makes them visually22
inconspicuous to the extent technically feasible to surrounding properties and City streets. 23
A. For building mounted installations the following concealment techniques must be24
applied: 25
1. Screening materials matching color, size, proportion, style, and quality with the26
exterior design and architectural character of the structure and the surrounding visual27
environment; 28
2. Antennas must be mounted inside of the building or behind screening whenever29
possible; 30
3. Ancillary facilities, except conduits or cabling for power and/ or data, must be31
concealed by locating the equipment inside an existing nonresidential building, or in32
an equipment housing structure, meeting the requirements set forth in MMC33
20.37.100(D); 34
4. Other techniques that prevent the facility from visually dominating the surrounding35
area. 36
B. For support structure mounted installations, such as a lattice tower, monopole and37
similar freestanding structures, the following concealment techniques must be applied: 38
1. All components associated with the wireless communication facility mounted on the39
exterior side of the structure shall be painted to match the predominant color of the40
support structure; 41
2. The support structure shall be painted in a non-reflective color that matches the42
predominate visual background and/ or adjacent architecture so as to visually blend43
in with the surrounding development; 44
3. In certain conditions, such as locations that are readily visible from a large number of45
residential properties or public spaces, the City may require additional concealment46
such as disguising the support structure to appear as an attractive architectural or47
natural feature; 48
4. Ancillary facilities, except for conduits or cabling for power and/ or data, must be49
concealed by locating the equipment inside an existing nonresidential building, or in50
an equipment housing structure, meeting the requirements set forth in MMC51
20.37.100(D); 52
Attachment A
Page 82 of 116
5. Other techniques that prevent the facility from visually dominating the surrounding1
area. 2
C. For utility support structure installations the following concealment techniques must be3
applied: 4
1. Except for antennas mounted on top of a pole, all components associated with the5
wireless communication facility mounted on the exterior of the pole shall be painted6
to match the predominant color of the pole or utility attachments to the pole; 7
2. Antennas mounted on top of the pole may be painted to match the pole, or may be8
painted to blend into the background; 9
3. Ancillary facilities, except conduits or cabling for power and/ or voice, video, or data10
lines must be concealed by locating the equipment inside an existing nonresidential11
building, or in an equipment housing structure, meeting the requirements set forth in12
MMC 20.37.100(D); and13
4. Other techniques that prevent the facility from visually dominating the surrounding14
area. 15
D. Equipment housing structures shall employ the following concealment techniques: 16
1. Except as provided for in MMC 20.37.100(D)(2), equipment housing structures shall17
be placed underground and subject to the following: 18
a. Up to five inches may be located above the finished or original grade, whichever19
is lower; 20
b. All visible portions of the structure shall be screened from the view of neighboring21
properties and public places by dense vegetation approved by the City; and22
c. The location of the facility must not interfere with existing uses of public land23
2. Up to two small equipment housing structures containing ancillary facilities may be24
mounted to the outside of a support structure provided: 25
a. It is not technically or economically feasible to locate ancillary facilities within the26
interior of the support structure; 27
b. Each equipment housing structure shall not exceed 4.5 cubic feet in volume, nor28
protrude more 18 inches as measured perpendicular from the tangent point or29
surface where the equipment housing structure attaches to the support structure; 30
and31
c. A minimum clearance of ten feet is maintained between the bottom of the32
equipment housing structure and the ground or sidewalk below. 3334
20.37.110 Co-location. 3536
A. An applicant shall, to the extent commercially reasonable, cooperate with owners of37
existing wireless communication facilities in co-locating additional antennas on support38
structures. 39
B. Applicants shall demonstrate that they have made a good-faith effort to co-locate with40
other support structures currently used for wireless communication facilities, and that no41
commercially reasonable co-location opportunities that meet the requirements of this42
code are available. 43
C. An applicant shall be considered to have demonstrated a good-faith effort when they can44
demonstrate that: 45
1. No existing or approved (but not built) support structures are available within the46
service area meeting the applicant’s engineering requirements; 47
2. No existing support structures are available which provide or may be practically48
modified to provide sufficient height to meet the applicant’s engineering49
requirements; 50
Attachment A
Page 83 of 116
3. No existing support structures are available which provide or may be practically1
modified to provide sufficient structural strength to support the applicant’s proposed2
antenna and related equipment; and3
4. The applicant’s proposed antenna would cause electromagnetic interference with4
existing antennas on the support structure, or the existing antennas would cause5
electromagnetic interference with the applicant’s antenna if it is located on the6
support structure when properly maintained and operated according to applicable7
law and manufacturer’s guidelines. 8
5. Other limiting factors are present that render existing support structures unsuitable. 9
D. In the event a dispute arises as to whether an applicant has exercised good-faith in10
determining co-location opportunities, the City may at its discretion require an11
engineering and technical review, at the applicant’s sole cost and expense, as part of a12
process for approval of the height increase pursuant to MMC 20.37.080(B)(4). 13
E. Failure to comply with the co-location requirements of this section may result in the14
denial of an application or revocation of an existing permit. 15
F. The City may require new support structures to be constructed so as to accommodate16
future co-location, based on expected demand for support structures in the service area, 17
provided this requirement would not cause the application to be rejected by the City. 1819
20.37.120 Non-administrative special use permit required. 2021
Approval of a Non-administrative Special Use Permit is required for all wireless22
communication facilities pursuant to MMC 20.72.010. 23
A. An approved Non-administrative Special Use Permit shall become null, void and24
nonrenewable if the wireless communication facility is not constructed within one year of25
the date the decision on the Non-administrative Special Use Permit becomes final. 26
B. The Director may grant a six-month extension, if construction has commenced before27
expiration of the one year deadline and an extension fee is paid prescribed by the City’s28
fee schedule. 29
C. The applicant shall maintain the facility to the standards that may be imposed by the30
Non-administrative Special Use Permit. 31
D. In addition to the Non-administrative Special Use Permit, construction permits and32
construction mitigation may also apply. 33
E. The requirement for a Non-administrative Special Use Permit shall not apply to routine34
maintenance, repair and replacement of wireless communication facilities provided: 35
1. A Non-administrative Special Use Permit has previously been approved for the36
wireless communication facility; and37
2. The repair and maintenance work excludes changes in height or dimensions of38
antennas, towers, or buildings; and39
3. Any change of antennas has the same area or less than those removed and the40
replacement antennas are compliant with the requirements of the Non-administrative41
Special Use Permit and this code, including by way of example and not limitation, 42
requirements for concealment. 43
F. The placement of additional electronic equipment within an approved equipment housing44
structure shall not require a Non-administrative Special Use Permit provided there is no45
expansion of the equipment housing structure. 46
G. If a Non-administrative Special Use Permit is for the transfer of ownership or lease and47
involves no physical changes to the appearance of the wireless communication facility, 48
and the transfer will not modify the conditions of approval prescribed by the Non-49
administrative Special Use Permit, the Director may approve the Non-administrative50
Special Use Permit as a ministerial decision without the requirement of new noticing. 5152
Attachment A
Page 84 of 116
20.37.130 Application submittal requirements. 12
In addition to other submittal requirements prescribed by code, all applications for wireless3
communication facilities shall include at least one original and four copies, unless specified4
otherwise, of the following information. 5
A. A copy of the FCC license and any other applicable licenses applicable to the intended6
use of the wireless communication facilities. 7
B. A complete description of the proposed facility, including preliminary or conceptual8
drawings showing dimensions and other relevant information in which to evaluate the9
facility’s compliance with this chapter. All plans shall include the maximum build-out of10
the proposed facility as anticipated by the applicant at the time of the application. 11
C. Maps showing the coverage area of the proposed facility and explanation of the need for12
that facility. This includes documentation demonstrating a need for the facility pursuant13
to MMC 20.37.140. 14
D. Area map showing the service area and the location of all sites currently operated by the15
applicant and the carrier provider within the City and a one-mile radius from the City16
boundaries. Information on each site’s targeted area and capability of providing service17
shall be included. 18
E. An evaluation of the view-shed including, but not limited to: 19
1. A diagram or map showing the view-shed from a site plan perspective; 20
2. Photo simulations with graphics showing the views and appearance of the21
components of the wireless communication facility before and after installation; and22
3. The views shall be shown from at least four points, which are mutually agreed upon23
by the Director and the applicant, within the impacted vicinity. 24
F. A site and landscaping plan showing: 25
1. The location of all existing and proposed wireless communication facilities on the26
site; 27
2. Existing structures, trees and other significant site features; 28
3. Information on the proposed vegetative planting; and29
4. Information on the proposed concealment that will be employed. 30
G. Documentation demonstrating compliance with non-ionizing electromagnetic radiation31
NIER) emissions standards adopted by the Federal Communication Commission. 32
H. Documentation showing that the proposed facility will not cause interference with other33
wireless communication facilities and telecommunication devices. 34
I. Signed statements indicating the following: 35
1. The applicant agrees to allow for the potential co-location of additional wireless36
communication facilities by other providers on the applicant’s structure or within the37
same site location: 38
a. Provided all safety and structural requirements are met; and39
b. Any future owners or operators will allow co-location. 40
c. If the applicant does not own the support facility, a consent agreement by the41
owner is required granting access to other users for the same structure or facility. 42
2. The applicant agrees to remove the wireless communication facility within 90 days43
after that site’s use is discontinued44
J. A lease agreement with the landholder, or franchise agreement if in a right-of-way, that: 45
1. Allows the landholder to enter into leases with other providers; and46
2. Specifies that if the applicant fails to remove the facility upon 90 days of its47
discontinued use, the responsibility for removal falls upon the landholder. 48
K. Application permit fee set forth in the fee schedule. 4950
51
Attachment A
Page 85 of 116
20.37.140 Requirement to demonstrate need for facility. 1
2
A. All applicants are required to demonstrate a need and submit satisfactory evidence that3
the wireless communication facility is designed for and will provide personal wireless4
services primarily for residents of Medina and/ or visitors within the City’s jurisdiction. 5
Wireless communication facilities may be designed to provide personal wireless services6
for people outside of the City limits provided that satisfactory evidence is provided that7
the facility is needed to complete a regional network. 8
B. In demonstrating need for the facility; the applicant must provide satisfactory evidence9
that: 10
1. They are a carrier of personal wireless services, or the applicant has a binding11
agreement with one or more carriers who provide personal wireless services; and12
2. The types of facilities chosen are the least intrusive on the residential setting of the13
community. 14
C. To demonstrate need, the applicant must provide information that documents the15
following: 16
1. The need for the carrier providing the personal wireless services to complete a17
network of local or regional services; 18
2. The inability of the carrier providing the personal wireless services to provide19
personal wireless services to Medina residents and/ or visitors using other facilities, 20
either existing or planned that are inside and outside of the City limits; 21
3. The inability of the carrier providing the personal wireless services to fulfill the need22
for the facility with other sites available outside of the City limits; and23
4. How the types and location chosen for the wireless communication facility needed in24
completing a local or regional network for personal wireless services are the least25
intrusive upon the surrounding area. 26
D. Documentation shall include propagation studies and maps that support the need for the27
wireless communication facility. If capacity is included in demonstrating need, 28
documentation must include usage and forecasted or present blockage, call volume, 29
drive-test data results including date of test, location of tests, signal strength results, and30
any other technically pertinent information that supports a need for the wireless31
communication facility. 32
33
20.37.150 Radio frequency standards. 34
35
A. The wireless communication facility shall comply with federal standards for radio36
frequency emissions. As a condition of approving a Non-administrative Special Use37
Permit, the City may require monitoring reports showing compliance. If after review of a38
report the City finds that the facility does not meet federal standards, the City may39
revoke or modify the conditions of the Non-administrative Special Use Permit. 40
B. The applicant shall be responsible to ensure that the wireless communication facility41
does not interfere with the reception of area television or radio broadcasts. If evidence is42
found that the wireless communication facility is interfering with such reception, upon43
receiving written notice from the City, the applicant shall have 60 days to correct the44
problem, or the City may revoke or modify the special use permit. 45
46
20.37.160 Assignment of subleasing. 4748
A. A Non-administrative Special Use Permit for a wireless communication facility may not49
be transferred or assigned to another owner or lessee unless until the assignee obtains50
a Non-administrative Special Use Permit for the wireless communication facility. 51
Attachment A
Page 86 of 116
B. No sublease shall be entered into by a provider until the sub-lessee has obtained a Non-1
administrative Special Use Permit for its facility. 2
C. An assignee or sub-lessee seeking a permit shall submit all data required for an original3
permit. 45
20.37.170 Maintenance required. 67
The applicant shall maintain the wireless communication facility consistent with the8
provisions of this chapter and any conditions imposed by the Non-administrative Special9
Use Permit. Such maintenance shall include, but is not limited to, maintenance of the paint, 10
structural integrity and landscaping. If the applicant fails to maintain the facility, the City may11
undertake the maintenance at the expense of the applicant or may revoke the special use12
permit pursuant to MMC 1.15.540 for noncompliance with the Medina Municipal Code. 1314
20.37.180 Abandoned facilities. 1516
A wireless communication facility that is unused for more than 90 consecutive days is17
hereby declared abandoned. Abandoned facilities shall be removed no later than 90 days18
from the date of abandonment. Failure to remove an abandoned facility is declared a public19
nuisance and is subject to abatement actions and penalties set forth in chapters 1.15 and20
8.04 MMC. 21
22
23
Attachment A
Page 87 of 116
Chapter 20.911
Private Lanes2
3
Sections: 4
20.91.010 Access by private lane authorized. 5
20.91.020 Easement required. 6
20.91.030 Minimum construction standards. 7
20.91.040 Private lane maintenance. 8
20.91.050 Minimum frontage requirements. 9
20.91.060 Setbacks. 10
20.91.070 Number of dwellings permitted. 11
20.91.080 Private lanes, turnaround. 12
20.91.090 Access to utilities. 13
20.91.100 Compliance with International Fire Code. 14
15
20.91.010 Access by private lane authorized. 16
17
Notwithstanding the provisions of this title requiring minimum frontage on a dedicated and18
improved street, vehicular access may be provided between a lot and a public street via a19
private lane satisfying the requirements enumerated in this chapter. 20
21
20.91.020 Easement required. 22
23
A. An easement at least 16 feet wide is required extending from the public street to the24
property line of the lots the private lane provides access too. 25
B. The easement shall be in a form approved by the City, and shall at a minimum provide26
ingress and egress for vehicular and pedestrian traffic, and may include access for27
utilities. The easement shall be recorded with the King County auditor’s office and a28
copy of this recording provided to the City. 29
C. The easement shall include maintenance provisions for maintaining the private lane. 30
31
20.91.030 Minimum construction standards. 32
33
A. The driving surface of a private lane shall be constructed of all-weather surface materials34
such as concrete or asphalt and shall include drainage facilities meeting the35
requirements in Chapter 13.06 MMC. The design of the roadway shall support36
emergency vehicle access and must be approved by the Director. 37
B. The minimum width of the roadway surface shall be 12 feet, unless a greater width is38
required for emergency vehicle access. 39
C. The applicant for a building permit on a site proposed to be served by a private lane40
shall post a bond or a construction completion agreement satisfactory to the city41
assuring compliance with these construction standards. 42
D. Turnouts may be required, 50 feet in length, with a total pavement width of 16 feet43
wherever deemed necessary by the City Engineer due to topography, lot configuration or44
other factors affecting public safety. 45
E. Provided that a private lane was in existence that met the required construction46
standards prior to the amendments contained in Ordinance No. 663, a property owner47
seeking a permit to develop his property shall only be required to improve that portion of48
the private lane which is on his property to the extent necessary to meet the revised49
standards. 50
51
Attachment A
Page 88 of 116
20.91.040 Private lane maintenance. 1
2
All owners of property containing a private lane shall be responsible to keep the full width of3
the paved surface area clear of vegetation, parked vehicles or other obstructions which4
impair access of emergency vehicles. This provision shall also apply to any turnaround5
located on the property. 6
7
20.91.050 Minimum frontage requirements. 8
9
A. In lieu of the minimum street frontage requirements set forth in Table 20.22.020, lots on10
a private lane shall have the following minimum frontage adjoining the private lane: 11
1. In the R-16 zoning district, 70 feet; 12
2. In the R-20 zoning district, 70 feet; 13
3. In the R-30 zoning district, 90 feet. 14
B. The other provisions for street frontage in MMC 20.22.020(C) shall apply to private15
lanes. 16
17
20.91.060 Setbacks. 18
19
In addition to all other setbacks required by the Medina Municipal Code, all buildings and20
structures shall be setback at least 10 feet from the interior easement line of any private21
lane. 22
23
20.91.070 Number of dwellings permitted. 24
25
A maximum of nine lots may be served by any one private lane. Where a lot abuts a public26
street and a private lane, the private lane shall be used for access in order to reduce the27
number of accesses on a public street. 28
29
20.91.080 Private lanes, turnaround. 30
31
The terminus of private lanes shall be provided with a turnaround suitable for emergency32
vehicles, the plan of which must be approved by the city engineer and fire official based on33
the fire apparatus access road requirements set forth in Chapter 20.40 MMC. 34
35
20.91.090 Access to utilities. 36
37
No building permit shall issue upon a building site created by a division of land, any portion38
of which is to be qualified for building with access via private lane, unless access to utilities39
adjacent to the land divided is assured each building site by suitable easement or covenant40
running with the land. 41
42
20.91.100 Compliance with International Fire Code. 43
44
All residences constructed on private lanes must comply with the International Fire Code as45
adopted in Chapter 20.40 MMC. Where compliance with the minimum requirements of this46
chapter for the width of easement and paved services will not result in compliance with the47
International Fire Code fire apparatus access requirements, additional or alternative fire48
safety features, such as sprinkling, may be required. 49
50
51
Attachment B
Page 89 of 116
Subtitle 20.71
Permits and Approvals2
3
This subtitle contains provisions for permits and approvals applicable to development. The4
requirements set forth in Chapters 20.70, 20.71 and 20.72 MMC are applied in conjunction with5
the procedures set forth Chapter 20.80 MMC in establishing the appropriate review procedures6
and criteria by which permits and approvals are reviewed and decisions rendered. 7
8
Chapter 20.709
Administrative Approvals10
11
20.70.010 Building permit. 12
20.70.020 Right-of-way permit. 13
20.70.030 Construction code of conduct. 14
20.70.040 Substantial development permit exemption. 15
20.70.050 Administrative tree removal permit. 16
20.70.060 Temporary use permit. 17
20.70.070 Accessory dwelling unit registration. 18
19
20.70.010 Building permit. 20
21
A. Applicant: Any owner may submit an application for a building permit. 22
B. Procedures: Building permits are processed as a Type 1 decision, unless a SEPA threshold23
determination is required in which case the application is processed as a Type 2 decision24
pursuant to the review procedures set forth in Chapter 20.80 MMC. 25
C. Applicability: This section applies to all permits required under Chapter 20.40 MMC (Building26
Codes). 27
D. Criteria for approval: The codes and standards referenced in Chapter 20.40 MMC and other28
applicable ordinances and regulations as they currently exist or are hereafter amended set29
forth the criteria for approving building permits. 30
E. Conditions of approval: The Decision Authority may attach such conditions as reasonably31
necessary to safeguard the public health, general welfare, and safety. 32
F. Lapse of approval: Building permits shall expire as prescribed in Chapter 20.40 MMC. 33
34
20.70.020 Right-of-way permit. 35
36
A. Applicant: Any owner may submit an application for a right-of-way permit. 37
B. Procedures: Right-of-way permits are processed as a Type 1 decision pursuant to the38
review procedures set forth in Chapter 20.80 MMC. 39
C. Applicability: 40
1. This section applies to uses and activities within the city rights-of-way as prescribed in41
Title 12 MMC (Streets, Sidewalks and Public Places) requiring a right-of-way permit; and42
2. The Decision Authority may waive the requirement for a right-of-way permit for work43
performed by employees of the city, or by any contractor of the city performing work for44
and on behalf of the city. 45
D. Criteria for approval: The codes and standards referenced in Chapters 12.04 through 12.1246
MMC, and MMC 12.32 MMC, and other applicable ordinances, regulations as they currently47
exist or are hereafter amended set forth the criteria for approving right-of-way permits. 48
E. Conditions of approval: The Decision Authority may attach such conditions as reasonably49
necessary to safeguard the public health, general welfare, and safety. 50
Attachment B
Page 90 of 116
F. Expiration: A right-of-way permit shall expire after 12 months from the date of issuance of1
the permit or upon expiration of a building permit associated with the right-of-way work, 2
whichever occurs later. 3
4
20.70.030 Construction code of conduct. 5
6
A. Applicant: Any owner may submit an application for a Construction Code of Conduct. 7
B. Procedures: 8
1. Construction Code of Conducts are processed as a Type 1 decision pursuant to the9
review procedures set forth in Chapter 20.80 MMC; and10
2. Before the City issues permits authorizing grading, demolition or construction activity, 11
the property owners, designated agent, and contractor shall sign the Construction Code12
of Conduct. 13
C. Applicability: This section applies to where a Construction Code of Conduct is required14
pursuant to MMC 15.20.010. 15
D. Limitations: The Construction Code of Conduct is a construction mitigation plan prepared by16
the City that establishes prescriptive measures for reducing construction impacts on17
neighboring properties and streets. Compliance with the measures set forth in a18
Construction Code of Conduct are binding on the signatories required in MMC19
20.70.030(B)(2). 20
E. Criteria for approval: The evaluation criteria set forth in MMC 15.20.040 as they currently21
exist or are hereafter amended constitute the criteria for approving a Construction Code of22
Conduct. 23
F. Conditions of approval: The Decision Authority may attach to a Code of Conduct on a case-24
by-case basis such reasonable mitigation measures as necessary to protect the public25
health, general welfare and safety from the negative impacts of construction activity. 26
27
20.70.040 Substantial development permit exemption. 28
29
A. Applicant: Any owner may submit a request for a written exemption from the requirement for30
a Substantial Development Permit. 31
B. Procedures: An exemption from a Substantial Development Permit is processed as a Type 132
decision pursuant to the review procedures set forth in Chapter 20.80 MMC. 33
C. Applicability: This section shall apply to activities defined as development pursuant to RCW34
90.58.030(3)(a), and located within the shoreline jurisdiction as defined by the Shoreline35
Management Act, and implements the provisions set forth in WAC 173-27-040 as they36
currently exist or are hereafter amended. 37
D. Limitations: 38
1. Exemptions are to be construed narrowly and only development that meets the precise39
terms of one or more of the listed exemptions may be granted an exemption; and40
2. If any part of a proposed development is not eligible for one of the listed exemptions, 41
then an exemption shall not be granted. 42
E. Criteria for approval: 43
1. The development for which the exemption is sought must meet one or more of the44
conditions set forth in WAC 173-27-040(2); and45
2. The development must comply with and be consistent with the Medina Shoreline Master46
Program (Chapters 20.60 through 20.67 MMC), WAC 173-27 (Shoreline Management47
Permit and Enforcement Procedures), and RCW 90.58 (Shoreline Management Act). 48
F. Conditions of approval: The Decision Authority may attach conditions as necessary to49
prevent undesirable effects on the shoreline area and carry out the spirit and purpose of the50
Attachment B
Page 91 of 116
regulations set forth in the Medina Shoreline Master Program and the Shoreline1
Management Act. 2
3
20.70.050 Administrative tree removal permit. 4
5
A. Applicant: Any owner may submit an application for an Administrative Tree Removal Permit. 6
B. Procedures: Administrative Tree Removal Permits are processed as a Type 1 decision7
pursuant to the review procedures set forth in Chapter 20.80 MMC. 8
C. Applicability: This section applies to the removal of significant trees as set forth in Chapter9
12.28 MMC. 10
D. Criteria for approval: The criteria for approving an Administrative Tree Removal Permit are11
those set forth in MMC 12.28.050 and 12.28.060 as they currently exist or are hereafter12
amended. 13
E. Conditions of approval: The Decision Authority may attach reasonable conditions as14
necessary to safeguard the public health, general welfare and safety. 15
F. Lapse of approval: 16
1. An Administrative Tree Removal Permit shall expire after 18 months from the later date17
of the decision being issued or an appeal becoming final; 18
2. Expiration of the Administrative Tree Removal Permit is automatic and notice is not19
required; and20
3. No extension of the time period for the permit is allowed. 21
22
20.70.060 Temporary use permit. 23
24
A. Applicant: Any owner may submit an application for a Temporary Use Permit. 25
B. Procedures: Temporary Use Permits are processed as a Type 1 decision pursuant to the26
review procedures set forth in Chapter 20.80 MMC. 27
C. Applicability: This section shall apply to those uses authorized as temporary uses pursuant28
to Chapter 20.35 MMC. 29
D. Limitations: Only one Temporary Use Permit may be granted within a five-year time period30
from the date the original Temporary Use Permit is issued, except a second Temporary Use31
Permit may be granted if: 32
1. For temporary public facilities: 33
a. In the opinion of the Director, a significantly different public facility will occupy the use34
of the property; 35
b. The second Temporary Use Permit is consistent with the requirements set forth in36
this chapter; and37
c. No additional Temporary Use Permit is approved for at least five years following38
approval of the second Temporary Use Permit. 39
2. For temporary wireless communication facilities: 40
a. A complete Non-administrative Special Use Permit application has been submitted to41
the city; 42
b. The extension of time, at the discretion of the Director, is necessary to allow for the43
processing of permits and construction of facilities; and44
c. No additional Temporary Use Permit is approved for at least five years following45
approval of the second Temporary Use Permit. 46
E. Criteria for approval: The Decision Authority may approve a Temporary Use Permit only47
when the following criteria are satisfied: 48
1. The temporary use will not materially be detrimental to the public health, safety, or49
welfare, or injurious to property or improvements in the immediate vicinity; 50
Attachment B
Page 92 of 116
2. For a temporary public facility, there is adequate parking within a sufficient proximity to1
the site for employees, city vehicles and customers; 2
3. Except in the case of emergencies, the temporary use will not cause noise, light or glare3
which adversely impacts surrounding uses; and4
4. The temporary use shall comply with all codes applicable to development, such as5
zoning and building codes, except as otherwise provided for in MMC 20.35.040 and6
MMC 20.35.050. 7
F. Conditions of approval: The Decision Authority may attach reasonable conditions as8
necessary to safeguard the public health, general welfare and safety. 9
10
20.70.070 Accessory dwelling unit registration. 11
12
A. Applicability. Any owner installing an Accessory Dwelling Unit (ADU) pursuant to MMC13
20.34.020 shall apply for an accessory dwelling unit registration. 14
B. Review procedures: Approval of an accessory dwelling unit is processed as a Type 115
decision pursuant to the requirements set forth in Chapter 20.80 MMC. 16
C. Approval criteria. The Decision Authority may approve an ADU only when the following17
criteria are met: 18
1. The ADU meets the requirements set forth in MMC 20.34.020; 19
2. The property owner enters into a written agreement with the City to occupy the primary20
single-family dwelling, or the ADU pursuant to MMC 20.70.070(D); and21
3. The property owner agrees to maintain the ADU in compliance with the requirements in22
MMC 20.34.020. 23
D. Written agreement. 24
1. Before a certificate of occupancy is issued for the ADU, the property owner shall25
complete, sign, have notarized, and record an ADU registration form. 26
2. The contents of the ADU registration form shall include the following: 27
a. The street address and legal description of the property where the accessory28
dwelling unit is located; 29
b. The written agreement for occupancy as prescribed in MMC 20.70.070(C)(2); 30
c. The written agreement to maintain the ADU as prescribed in MMC 20.70.070(C)(3); 31
and32
d. Any other relevant information determined necessary by the Decision Authority. 33
3. The property owner shall record the ADU registration with King County Recorder’s34
Office. A copy of the recorded document and recording number shall be provided to the35
city. 36
4. The ADU registration may be cancelled under the following conditions: 37
a. The property owner may cancel the ADU registration if: 38
i. The ADU is permanently removed from the property; or39
ii. The property owner provides to the city evidence that the use has been removed40
and obtains approval from the city to cancel the ADU registration; and41
iii. The property owner records a certificate of cancellation with King County42
Recorder’s Office and provides a copy of the recorded certificate of cancellation43
to the city. 44
b. The City may cancel the ADU registration if the property owner fails to comply with45
the general requirements in MMC 20.34.020. Cancellation of the ADU registration46
shall be in accordance with the following procedures: 47
i. The City provides a notice of cancellation to the property owner who shall have a48
right to appeal the decision to cancel pursuant to MMC 20.80.220 for a Type 149
decision; 50
Attachment B
Page 93 of 116
ii. Once a decision to cancel becomes final, the City shall record a certificate of1
cancellation with King County Recorder’s Office; 2
iii. A copy of the recorded certificate of cancellation shall be provided to the property3
owner after which the use as an accessory dwelling unit shall cease. 4
E. Lapse of approval. Approval of an accessory dwelling unit shall expire if the building5
permit for the accessory dwelling unit expires and substantial construction of the6
accessory dwelling unit has not started. Approval of an accessory dwelling unit shall7
also expire if the use is abandoned during its existence, or if a certificate of cancellation8
is recorded. 9
10
Attachment B
Page 94 of 116
Chapter 20.711
Administrative Discretionary Approvals2
3
20.71.010 Minor deviation. 4
20.71.020 Administrative variance. 5
20.71.030 Administrative special use permit. 6
20.71.040 Level 1 Tailor Construction Mitigation Plan. 7
20.71.050 Administrative right-of-way tree trimming/ removal permit. 8
20.71.060 Administrative substantial development permit. 9
10
20.71.010 Minor deviation. 11
12
A. Purpose: The purpose of a Minor Deviation is: 13
1. To allow for minor departures from numeric development standards for remodeling14
projects; and15
2. To allow flexibility in design while preserving nonconforming conditions with respect to16
setback requirements and maximum building heights. 17
B. Applicant: Any owner may submit an application for a minor deviation. 18
C. Procedures: Minor Deviations are processed as a Type 2 decision pursuant to the review19
procedures set forth in Chapter 20.80 MMC. 20
D. Applicability: A Minor Deviation may be approved for the following: 21
1. Departures by five percent or less from any numeric development standard provided: 22
a. If the numeric development standard is expressed as a percentage, the five percent23
is calculated as the numeric percentage multiplied by 1.05; and24
b. Requests for departures may include qualifying conditions such as structural25
coverage bonuses and height bonuses. 26
2. Departures from building height and zoning setback standards to allow a building27
addition to match an existing nonconforming building height or setback that was legally28
established provided: 29
a. Matching a nonconforming building height means a building addition extending30
above the maximum zoning height applicable to the building, but the highest point of31
the addition does not exceed the highest point of the roof of the existing building; or32
b. Matching a nonconforming zoning setback means a building addition extending into33
the setback area, but the addition does not extend closer to the property line than the34
closest point of the existing building, excluding gutters; and35
c. The total above-ground bulk of the building located within the nonconforming height36
or setback envelope does not occupy more than 60 percent of the maximum possible37
above-ground bulk that could otherwise be built within the nonconforming building38
height or setback envelope with approval of a minor deviation. 39
E. Limitations: A Minor Deviation shall not be approved for the following: 40
a. Where the request is to obtain final approval of a structure that compliance with the41
numeric development standard was represented in the building permit application, 42
but subsequent construction is noncompliant; or43
b. Where the project consists of a building alteration or improvement that was44
completed at any time within the previous five years; or45
c. Where the request is to increase the amount of bulk inside a setback area, or above46
a height limitation, and the lot area of the site is 16,000 square feet or greater. 47
F. Criteria for approval: The Decision Authority may approve a Minor Deviation only if the48
following criteria are satisfied: 49
Attachment B
Page 95 of 116
1. The minor deviation does not constitute a granting of special privilege inconsistent with1
the limitation upon uses of other properties in the vicinity and zone in which the subject2
property is located; and3
2. The granting of such minor deviation will not be materially detrimental to the public4
welfare or injurious to the property or improvements in the vicinity and zone in which the5
subject property is situated; and6
3. The proposed development will not substantially reduce the amount of privacy enjoyed7
by adjoining property owners than if the development was built as specified by the8
Zoning Code; and9
4. For departures set forth in MMC 20.71.010(D)(1), the minor deviation is necessary, 10
because of special circumstances relating to the size, shape, topography, location or11
surroundings of the subject property, to provide it with use rights and privileges permitted12
to other properties in the vicinity and in the zone in which the subject property is located. 13
G. Conditions of approval: The Decision Authority may attach reasonable conditions as14
necessary to safeguard the public health, general welfare and safety. 15
H. Lapse of approval: 16
1. An approved Minor Deviation shall expire after one year from the later date of the17
decision being issued or an appeal becoming final unless a complete building permit18
application is submitted; and19
2. Expiration of the Minor Deviation is automatic and notice is not required; and20
3. The Director may grant a single six month extension if the applicant makes such a21
request in writing prior to the expiration date and can show good cause for granting the22
extension. 23
24
20.71.020 Administrative variance. 25
26
A. Purpose: The purpose of Administrative Variances is to allow minor relief from specific27
zoning standards. 28
B. Applicant: Any owner may submit an application for an Administrative Variance. 29
C. Procedures: Administrative Variances are processed as a Type 2 decision pursuant to the30
review procedures set forth in Chapter 20.80 MMC. 31
D. Applicability: An Administrative Variance may be granted for the following: 32
1. Fences and walls less than eight feet in height; or33
2. Structural coverage increases provided: 34
a. The increase is for less than one percent of the lot area; and35
b. If existing structural coverage on the lot exceeds the Zoning Code, the total structural36
coverage will not exceed the structural coverage increase permitted in MMC37
20.71.020(2)(a) plus the lesser amount between the existing structural coverage on38
the lot and the structural coverage on the lot on the date the structure became39
nonconforming with regards to structural coverage. 40
E. Criteria for approval: The Decision Authority may approve an Administrative Variance only if41
the following criteria are satisfied: 42
1. The variance does not constitute a granting of special privilege inconsistent with the43
limitation upon uses of other properties in the vicinity and zone in which the subject44
property is located; and45
2. The variance is necessary, because of special circumstances relating to the size, shape, 46
topography, location or surroundings of the subject property, to provide it with use rights47
and privileges permitted to other properties in the vicinity and in the zone in which the48
subject property is located; and49
Attachment B
Page 96 of 116
3. The granting of such variance will not be materially detrimental to the public welfare or1
injurious to the property or improvements in the vicinity and zone in which the subject2
property is situated; and3
4. The variance is the minimum necessary to provide reasonable relief. 4
F. Conditions of approval: The Decision Authority may attach reasonable conditions as5
necessary to safeguard the public health, general welfare and safety. 6
G. Lapse of approval: 7
1. An approved Administrative Variance shall expire after one year from the later date of8
the decision being issued or an appeal becoming final unless a complete building permit9
application is submitted; and10
2. Expiration of the Administrative Variance is automatic and notice is not required; and11
3. The Director may grant a single six month extension if the applicant makes such a12
request in writing prior to the expiration date and can show good cause for granting the13
extension. 14
15
20.71.030 Administrative special use permit. 16
17
A. Purpose: The purpose of Administrative Special Use Permits is to allow certain uses, which18
by their nature can have an undue impact upon other uses of land, but also by their nature19
warrant a less cumbersome approval process than a Non-administrative Special Use Permit. 20
B. Applicant: Any owner may submit an application for an Administrative Special Use Permit. 21
C. Procedures: Administrative Special Use Permits are processed as a Type 2 decision22
pursuant to the review procedures set forth in Chapter 20.80 MMC. 23
D. Applicability: This section shall apply to uses and activities listed or referenced as requiring24
an Administrative Special Use Permit. 25
E. Criteria for approval: The Decision Authority may approve an Administrative Special Use26
Permit only if the following criteria are satisfied: 27
1. The use is compatible with and meets the spirit of the comprehensive plan; 28
2. The use is designed to minimize detrimental effects on neighboring properties; 29
3. The use satisfies all requirements specified for the use; 30
4. The use complies with all applicable zoning and development standards and31
requirements; and32
5. The use will have no materially detrimental effects on neighboring properties due to33
excessive noise, lighting, off-site traffic generation, or other interferences with the34
peaceful use and possession of said neighboring properties. 35
F. Conditions of approval: The Decision Authority may attach reasonable conditions as36
necessary to safeguard the public health, general welfare and safety. 37
G. Lapse of approval: 38
1. An approved Administrative Special Use Permit shall expire after one year from the later39
date of the decision being issued or an appeal becoming final unless a complete building40
permit application is submitted; and41
2. Expiration of the Administrative Special Use Permit is automatic and notice is not42
required; and43
3. The Director may grant a single six month extension if the applicant makes such a44
request in writing prior to the expiration date and can show good cause for granting the45
extension. 46
47
48
Attachment B
Page 97 of 116
20.71.040 Level 1 Tailored Construction Mitigation Plan. 1
2
A. Purpose: The purpose of a Level 1 Tailored Construction Mitigation Plan is to mitigate the3
adverse effects on adjacent properties and public streets caused by major construction4
projects. 5
B. Applicant: Any owner may submit an application for a Level 1 Tailored Construction6
Mitigation Plan. 7
C. Procedures: 8
1. Level 1 Tailored Construction Mitigation Plans are processed as a Type 2 decision9
pursuant to the review procedures set forth in Chapter 20.80 MMC; and10
2. Before the City issues permits authorizing grading, demolition or construction activity, 11
the property owners, designated agent, and contractor shall sign the Level 1 Tailored12
Construction Mitigation Plan. 13
D. Applicability: This section applies to where a Level 1 Tailored Construction Mitigation Plan is14
required pursuant to the criteria in Chapter 15.20 MMC. 15
E. Limitations: The Tailored Construction Mitigation Plan is a construction mitigation plan16
consisting of both city-developed and applicant-proposed measures for reducing17
construction impacts on neighboring properties and streets. The measures set forth in a18
Level 1 Tailored Construction Mitigation Plan are binding on all of the signatories required in19
MMC 20.71.040(C)(2). 20
F. Criteria for approval: The criteria for approval of a Level 1 Tailored Construction Mitigation21
Plan are those set forth in MMC 15.20.040, as it currently exists or is hereafter amended. 22
G. Conditions of approval: The Decision Authority may attach reasonable mitigation measures23
as necessary to protect the public health, safety and general welfare from the impacts of24
construction activity. 25
H. Lapse of approval: A Level 1 Tailored Construction Mitigation Plan shall remain in effect until26
such time all construction permits associated with the Level 1 Tailored Construction27
Mitigation Plan expires. 28
29
20.71.050 Administrative right-of-way tree trimming/ removal permit. 30
31
A. Purpose: The purpose of an Administrative Right-of -way Tree trimming/ Removal Permit is32
to authorize removal or pruning of trees and vegetative cover consistent with the Medina33
Tree Code. 34
B. Applicant: Any owner may submit an application for an Administrative Right-of-way Tree35
trimming/ Removal Permit, subject to the limitation in MMC 20.71.050(E). 36
C. Procedures: Administrative Right-of-way Tree trimming/ Removal Permits are processed as37
a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. 38
D. Applicability: This section shall apply to the following: 39
1. All trimming, pruning or removal of trees in a city right-of-way, except as provided in40
MMC 20.71.050(D)(2); 41
2. The following tree trimming, pruning and removal activity shall be exempt from the42
requirements of this section: 43
a. Trimming and pruning that: 44
i. Follows ANSI standards; 45
ii. Does not endanger the life of the tree as determined by the City; 46
iii. Limbs being removed do not exceed three inches in diameter; and47
iv. Not more than 25 percent of the tree canopy is removed consistent with the other48
criteria in this subsection; 49
b. Removal of trees that pose an immediate danger to life or property, or substantial fire50
hazard, provided that prior consent by the Director is given; or51
Attachment B
Page 98 of 116
c. Trees rated as hazardous by the City Arborist consistent with the criteria in Chapter1
12.28 MMC; 2
d. Any trimming, pruning or removal of trees performed by the city. 3
E. Limitation: Only owners immediately adjacent to the right-of-way area where the subject4
tree is located may submit for an Administrative Right-of-way Tree trimming/ Removal5
Permit. 6
F. Criteria for approval: The Decision Authority may approve an Administrative Right-of-way7
Tree trimming/ Removal Permit only if the following criteria are satisfied: 8
1. The proposal is compatible with Chapter 3, Community Design Element, of the9
comprehensive plan; 10
2. The proposal is consistent with the public interest in maintaining an attractive and safe11
environment; 12
3. The tree trimming, pruning or removal will have no materially detrimental effects on13
nearby properties; 14
4. Trees defined as significant trees are not removed unless removal is necessary to15
provide access to a property or removal is for safety purposes (e.g., trees in danger of16
falling or losing significant limbs, or to provide clear view lines of sight for drivers of17
motorized vehicles); 18
5. Tree replacement mitigation is provided in accordance with Chapter 12.28 MMC19
standards for removed trees; 20
6. Tree trimming or pruning is done in accordance with the following: 21
a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the22
area, unless supported by ANSI Standard A300; 23
b. The trimming or pruning does not adversely affect adjoining and nearby properties24
regarding erosion control, noise control, shade, or other existing landscaping within25
the unimproved areas of the right-of-way; and26
c. The trimming or pruning complies with ANSI Standard A300 and does not cause27
unnecessary mutilation or damage to the tree. 28
G. The Decision Authority may attach reasonable conditions as necessary to safeguard the29
public health, general welfare and safety. 30
H. Lapse of approval: 31
1. An Administrative Right-of-way Tree trimming/ Removal Permit shall expire after 1832
months from the later date of the decision being issued or an appeal becoming final; 33
2. Expiration of the Administrative Right-of-way Tree trimming/ Removal Permit is34
automatic and notice is not required; and35
3. No extension of the time period for the permit is allowed. 36
37
20.71.060 Administrative substantial development permit. 38
39
A. Purpose: The purpose of an Administrative Substantial Development Permit is to regulate40
developments and uses of water bodies and associated upland areas to protect human41
health and the natural environment, but by the scope of the development warrant a less42
cumbersome approval process. 43
B. Applicant: Any owner may submit an application for an Administrative Substantial44
Development Permit. 45
C. Procedures: Administrative Substantial Development Permits are processed as a Type 246
decision pursuant to the review procedures set forth in Chapter 20.80 MMC. 47
D. Applicability: This section shall apply to activities within the meaning of the term48
development” as defined in RCW 90.58.030(3)(a), and located within the shoreline49
jurisdiction as defined by the Shoreline Management Act, provided: 50
Attachment B
Page 99 of 116
1. The development is not exempt from a Substantial Development Permit pursuant to1
WAC 173-27-040 as it currently exists or is hereafter amended; and2
2. The development does not include any dredging waterward of the ordinary high water3
mark; and4
3. The development does not include grading activity involving more than 500 cubic yards5
of material within the shoreline jurisdiction, excluding fill material used specifically for fish6
and wildlife habitat restoration; and7
4. The total cost or fair-market value of the entire proposed development does not exceed8
50,000 provided: 9
a. The calculation for total cost or fair-market value shall include all costs, excluding10
permit fees and taxes, associated with development on the property during a period11
beginning from the date an application for the Administrative Substantial12
Development Permit is submitted and ending 18 months after the date all permits13
issued by the City for the property are finalized; and14
b. Development may not be divided into phases for the purpose of avoiding a higher15
designation of decision type, except as provided in MMC 20.71.060(D)(4)(a). 16
E. Additional submittal requirements: In addition to the requirements set forth in MMC17
20.80.080, the applicant shall provide the following with an Administrative Substantial18
Development Permit: 19
1. A site plan containing the following: 20
a. A general description of the proposed project that includes the proposed use or uses21
and the activities necessary to accomplish the project; 22
b. Identification of the shoreline water body; 23
c. A general description of the property as it now exists, including physical24
characteristics and improvements and structures; 25
d. A general description of the vicinity of the proposed project, including identification of26
adjacent uses, structures and improvements, intensity of development and physical27
characteristics; 28
e. Identification of the ordinary high water mark: 29
i. This may be an approximate location provided that for any development where a30
determination of consistency with the applicable regulations requires a precise31
location of the ordinary high water mark the mark shall be located precisely and32
the biological and hydrological basis for the location as indicated on the plans33
shall be included in the development plan; 34
ii. Where the ordinary high water mark is neither adjacent to or within the boundary35
of the project, the site plan shall indicate the distance and direction to the nearest36
ordinary high water mark of a shoreline; 37
f. Existing and proposed land contours with minimum two-foot elevation intervals; 38
g. A general description of the character of vegetation found on the site; 39
h. The dimensions and locations of all existing and proposed structures and40
improvements; 41
2. A landscaping and/ or restoration plan, as applicable; 42
3. Mitigation measures, as applicable; 43
4. Quantity, source, and composition of all fill material that is placed on the site, whether44
temporary or permanent; 45
5. Quantity, composition and destination of all excavated and/ or dredged material; and46
6. Additional submittal information set forth in the Shoreline Master Program for the use. 47
F. Criteria for approval: The Decision Authority may approve an Administrative Substantial48
Development Permit only if the following criteria are satisfied: 49
1. The proposed development is consistent with the policy and provisions of the State50
Shoreline Management Act of 1971 (RCW 90.58); 51
Attachment B
Page 100 of 116
2. The proposed development is consistent with the State Shoreline Management Permit1
and Enforcement Procedures (WAC 173-27); and2
3. The proposed development is consistent with the requirements of the Medina Shoreline3
Master Program. 4
G. Conditions of approval: The Decision Authority may attach reasonable conditions as5
necessary to prevent undesirable effects of the proposed development and to assure6
consistency of the development with the Shoreline Management Act and the Medina7
Shoreline Master Program. 8
H. Revisions to permit: Revisions to an Administrative Substantial Development Permit shall9
be consistent with WAC 173-27-100 as it currently exist or is hereafter amended. 10
I. Lapse of Approval. Administrative Substantial Development Permit shall expire as set forth11
in WAC 173-27-090 and amendments thereto. 12
13
Attachment B
Page 101 of 116
Chapter 20.721
Quasi-judicial Approvals2
3
20.72.010 Non-administrative special use/ conditional use permit. 4
20.72.020 Historical use permit. 5
20.72.030 Variance. 6
20.72.040 Site plan review. 7
20.72.050 Reclassification of Zoning. 8
20.72.060 Reasonable use exception. 9
20.72.070 Public agency and utility critical areas exception. 10
20.72.080 Level 2 Tailor Construction Mitigation Plan. 11
20.72.090 Non-administrative right-of -way tree trimming/ removal permit. 12
20.72.100 Non-administrative tree removal permit. 13
20.72.110 Substantial development permit. 14
20.72.120 Shoreline conditional use permit. 15
20.72.130 Shoreline variance. 16
17
20.72.010 Non-administrative special use permit/ conditional use permit. 18
19
A. Purpose: The purpose of Non-administrative Special Use and Conditional Use Permits is to20
allow certain uses which, by their nature, can have an undue impact upon other uses of land21
within the zoning district, subject to the controls, limitations and regulations of a Non-22
administrative Special Use Permit/ Conditional Use Permit. 23
B. Applicant: Any owner may submit an application for a Non-administrative Special Use Permit24
or Conditional Use Permit. 25
C. Procedures: Non-administrative Special Use Permit/ Conditional Use Permits are processed26
as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. 27
D. Applicability: Uses and activities listed or referenced as requiring a non-administrative28
special use or a conditional use permit. 29
E. Criteria for approval. The Decision Authority may approve a Non-administrative Special Use30
Permit or Non-administrative Conditional Use Permit only if the following criteria are31
satisfied: 32
1. The use complies with the adopted goals and policies set forth in the comprehensive33
plan; 34
2. The use is designed to minimize detrimental effects on neighboring properties; 35
3. The use satisfies all requirements specified for the use; 36
4. The use complies with all applicable zoning and development standards and37
requirements; and38
5. The use will have no materially detrimental effects on neighboring properties due to39
excessive noise, lighting, off-site traffic generation, or other interferences with the40
peaceful use and possession of said neighboring properties. 41
F. Conditions of approval: The Decision Authority may impose reasonable conditions as42
necessary to safeguard the public health, general welfare and safety. 43
G. Lapse of approval: 44
1. An approved Non-administrative Special Use Permit shall expire after one year from the45
later date of the decision being issued or an appeal becoming final unless a complete46
building permit application is submitted; and47
2. Expiration of the Non-administrative Special Use Permit is automatic and notice is not48
required; and49
Attachment B
Page 102 of 116
3. The Director may grant a single six month extension if the applicant makes such a1
request in writing prior to the expiration date and can show good cause for granting the2
extension. 3
4
20.72.020 Historical use permit. 5
6
A. The purpose of Historical Use Permits is to serve as a mechanism for reestablishing a use7
on a property where that use had historically existed at one time on the property, but8
subsequently the rights to the use had ceased. 9
B. Applicant: Any owner may submit an application for a Historical Use Permit. 10
C. Procedures: Historical Use Permits are processed as a Type 3 decision pursuant to the11
review procedures set forth in Chapter 20.80 MMC. 12
D. Applicability: Uses identified as a historical use requiring authorization to reestablish the use13
pursuant to Chapter 20.33 MMC. 14
E. Deviations to zoning regulations authorized: Where unnecessary hardships or practical15
difficulties are created for the historical use by application of specific zoning regulations, 16
deviations from the specific zoning regulation may be granted under the approval of a17
Historical Use Permit. 18
F. Criteria for approval: The Decision Authority may approve a Historical Use Permit only if the19
following criteria are satisfied: 20
1. The applicant demonstrates that the use was an established use on the date the city21
incorporated; 22
2. The use will not have materially detrimental effects on neighboring properties due to23
excessive noise, lighting or other interference with the peaceful use and possession of24
said neighboring properties; 25
3. The use has been designed to minimize adverse effects on neighboring properties, 26
taking into account the historical use of the property; and27
4. If a deviation pursuant to MMC 20.72.020(E) is requested, approval of the deviation28
must relate to the use of the land or to structures containing the historical use. 29
G. Conditions of approval: The Decision Authority may impose reasonable conditions as30
necessary to safeguard the public health, general welfare and safety. 31
H. Lapse of approval: 32
1. An approved Historical Use Permit shall expire after one year from the later date of the33
decision being issued or an appeal becoming final unless a complete building permit34
application is submitted; and35
2. Expiration of the Historical Use Permit is automatic and notice is not required; and36
3. The Director may grant a single six month extension if the applicant makes such a37
request in writing prior to the expiration date and can show good cause for granting the38
extension. 39
40
20.72.030 Non-administrative variance. 41
42
A. Purpose: The purpose for a Non-administrative Variance is to provide property owners relief43
from certain provisions of this title where conditions justify such relief on a case-by-case44
basis. 45
B. Applicant: Any owner may submit an application for a Non-administrative Variance. 46
C. Procedures: Non-administrative Variances are processed as a Type 3 decision pursuant to47
the review procedures set forth in Chapter 20.80 MMC. 48
D. Applicability: Circumstances where relief from a dimensional standard is sought subject to49
the limitation set forth in MMC 20.72.030(E). 50
E. Limitations: 51
Attachment B
Page 103 of 116
1. Non-administrative Variances may be granted where the application of a dimensional1
standard would result in an unusual or unreasonable hardship due to physical2
characteristics of the site; 3
2. Evidence of other variances granted under similar circumstances shall not be considered4
in the granting of a Non-administrative Variance; and5
3. No variance shall be granted for any of the following: 6
a. To alter any definition or interpretation of this title; 7
b. To alter any provision establishing a use within a zoning district; or8
c. To alter any procedural provisions. 9
F. Criteria for approval: The Decision Authority may approve a Non-administrative Variance10
only if the following criteria are satisfied: 11
1. The variance does not constitute a granting of special privilege inconsistent with the12
limitation upon uses of other properties in the vicinity and zone in which the subject13
property is located; and14
2. The variance is necessary, because of special circumstances relating to the size, shape, 15
topography, location or surroundings of the subject property, to provide it with use rights16
and privileges permitted to other properties in the vicinity and in the zone in which the17
subject property is located; and18
3. The variance is necessary to relieve a material hardship that cannot be relieved by any19
other means such that the material hardship must relate to the land itself and not to20
problems personal to the applicant; and21
4. The granting of such variance will not be materially detrimental to the public welfare or22
injurious to the property or improvements in the vicinity and zone in which the subject23
property is situated; and24
5. The variance is the minimum necessary to provide reasonable relief. 25
G. Conditions of approval: The Decision Authority may attach reasonable conditions to26
safeguard the public health, general welfare and safety. 27
H. Lapse of approval: 28
1. An approved Non-administrative Variance shall expire after one year from the later date29
of the decision being issued or an appeal becoming final unless a complete building30
permit application is submitted; and31
2. Expiration of the Non-administrative Variance is automatic and notice is not required; 32
and33
3. The Director may grant a single six month extension if the applicant makes such a34
request in writing prior to the expiration date and can show good cause for granting the35
extension. 36
37
20.72.040 Site plan review. 38
39
A. Purpose: The purpose of Site Plan Review is to: 40
1. Encourage better site planning to help ensure certain new development enhances the41
character of the city and sensitively fits into the neighborhood; 42
2. To protect the desirable aspects of natural landscape features of the city by minimizing43
undesirable impacts on the physical environment by proposed new development; 44
3. Improve communication and mutual understanding early and throughout the review45
process among developers, neighborhoods, and the city; and46
4. Create a mechanism for addressing neighborhood impacts by the layout of the site47
without unreasonably interfering with an applicant’s architectural goals; and48
5. Be mindful of an applicant’s reasonable expectation of privacy and/ or security of their49
property. 50
Attachment B
Page 104 of 116
6. It is not the intent of Site Plan Review to regulate the architectural style or massing of a1
proposed home. 2
B. Applicant: Any owner may submit an application for Site Plan Review. 3
C. Procedures: 4
1. Site Plan Reviews are processed as a Type 3 decision pursuant to the review5
procedures set forth in Chapter 20.80 MMC; 6
2. Revisions to an approved site plan review are as follows: 7
a. Minor revisions consistent with the scope of work already approved in the site plan8
review may be approved by the Director as a Type 1 decision; or9
b. All other revisions shall be processed as follows: 10
i. The City issues notice consistent with a notice of application set forth in MMC11
20.80.110, including sending notice to all previous parties of record of the original12
site plan review; 13
ii. If no written objections to the revision are received during the public comment14
period, the Director may decide the revision as a Type 2 decision; 15
iii. If written objections to the revision are received during the public comment16
period, the revision shall be processed as a Type 3 decision, subject to the same17
process requirements for a site plan review set forth in MMC 20.80.060(C), 18
except a new notice of application is not required. 19
D. Applicability: 20
1. The requirements for Site Plan Review set forth in this section shall apply if one or more21
of the following conditions are present: 22
a. Construction of a new building, or expansion or alteration of an existing building23
where the lot area of the building site is 80,000 square feet; 24
b. Construction of a new building, or expansion or alteration of an existing building25
where the lot area of the building site is at least 40,000 square feet and the lot area26
is at least 50 percent larger than the average lot area of all residentially developed27
lots touching the property; or28
c. Construction of a new building, or expansion or alteration of an existing building29
where the lot area of the building site is at least 40,000 square feet and the lot area30
is at least twice the size of the lot area of the smallest residentially developed lot31
touching the subject site. 32
2. In no case shall the following types of development require Site Plan Review under this33
section: 34
a. Interior remodels that do not conflict with a previously approved site plan or modify35
the existing layout of the building site; 36
b. Modifications to the exterior façade of an existing building that do not: 37
i. Conflict with a previously approved site plan; 38
ii. Modify the existing layout of the building site; or39
iii. Increase the exterior bulk of the building from the perspective of the adjacent40
lots; 41
c. Building additions that do not enlarge the building footprint by more than a total of42
200 square feet during any five consecutive year time period. 43
d. Reconstruction of an existing building within its existing surface area footprint; 44
e. Construction of new buildings with a gross floor area of 1,000 square feet or less and45
that are setback at least 50 feet from the following: 46
i. Property lines that adjoin residentially developed properties; and47
ii. Property lines that are only separated from a residentially developed property by48
a city right-of-way. 49
3. The Director may waive the requirement for a Site Plan Review if all of following are50
present: 51
Attachment B
Page 105 of 116
a. The building site is constrained by the existence of critical areas or topography in a1
manner that the Director determines a site plan review will have limited to no2
benefits; and3
b. The City issues notice consistent with the requirements set forth for a notice of4
application in MMC 20.80.110 alerting recipients of the proposed project and the5
matter of the applicability of site plan review to the proposed project; and6
c. No written objection to waiving the requirement for site plan review is received during7
the public comment period. 8
E. Departures from development regulations authorized: Departures from certain development9
requirements may be permitted provided the following are satisfied: 10
1. The departure is for the purpose of minimizing an undesirable impact that cannot be11
better achieved by a strict application of the code; 12
2. The departure meets the Site Plan Review purpose statements set forth in MMC13
20.72.040(A); 14
3. The departure increases the project’s conformance with the approval criteria set forth in15
MMC 20.72.040(H); 16
4. Approval of departures under Site Plan Review is limited to the following standards: 17
a. Minimum setbacks, excluding shoreline setbacks; 18
b. Maximum structural coverage, including bonus structural coverage; 19
c. Maximum building and structure height; 20
d. On-site parking spaces; 21
e. Fence and wall development standards; and22
f. Requirements for tree replacement set forth in MMC 12.28.060. 23
F. Limitations: 24
1. In considering site plan review, the scope of the review is intended to evaluate the25
placement of primary site features and reduce negative impacts to adjacent properties. 26
This may require setback distances from property lines greater than the zoning27
requirements. Primary features include, but are not limited to all buildings, driveways, 28
decks, patios, and landscaping. 29
2. Site Plan Review shall not include changes in the shape of a building footprint unless30
unique circumstances exist caused by the configuration of the subject lot and/ or31
adjoining lots. In the case of unique circumstances, changes to the shape of the building32
footprint may only be required if the criteria in MMC 20.72.040(H)(3)(a) and (b) cannot33
be met solely by moving the placement of a building. 34
G. Additional application submittal requirements: In addition to the submittal requirements set35
forth in MMC 20.80.080, the applicant shall provide the following with a site plan review36
application: 37
1. A site analysis addressing site opportunities and constraints, the use of all adjacent38
buildings, and the zoning of the site and adjacent properties; 39
2. A site plan drawing showing topography of the site and the location of structures and40
prominent landscape elements on or abutting the site (including but not limited to all41
trees that are at least 24 inches diameter breast height, with species indicated); 42
3. Preliminary building floor plans; 43
4. Photos showing the facades of adjacent development, trees on the site, general44
streetscape character and territorial or other views from the site, if any; 45
5. A graphical depiction of the property’s zoning envelope – the three-dimensional space46
confined by the maximum building height and all applicable setback requirements from47
the zoning code; 48
6. A description of the proponent’s objectives with regard to site development; 49
Attachment B
Page 106 of 116
7. Architectural renderings of the proposed primary residence from the perspective of each1
home on an abutting property coupled with photographs of existing conditions supporting2
these same perspectives. 3
H. Criteria for approval: The Decision Authority may approve a Site Plan Review only if the4
following criteria are satisfied (See Figure 20.72.040): 5
1. Placement of the proposed development on the property minimizes the visibility of6
buildings from the perspective of the adjacent lots; 7
2. Placement of the proposed development does not create significant privacy impacts for8
adjacent property owners; 9
3. The existing landscape is preserved consistent with the following: 10
a. The natural topography of the building site is not substantially altered; 11
b. Existing trees 24 inches in diameter breast height and larger and other natural12
landscaping on the property are preserved to a reasonable extent; 13
4. If applicable, site placement measures are incorporated to accommodate large14
gatherings and mitigate impacts including, but not limited to traffic, parking, noise, and15
exterior lighting on the neighborhood; 16
5. If applicable, measures to accommodate people such as domestic employees and17
groundkeepers and mitigate impacts including, but not limited to traffic, parking, and18
noise; and19
6. Comply with all other applicable development requirements; 20
21
Figure 20.72.040 Example of Using Site Plan Review to Place a New Home22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
H. Conditions of approval: The Decision Authority may attach reasonable conditions and/ or37
may modify the site plan that are determined necessary to safeguard the public health, 38
welfare and safety (e.g., additional screening, buffering measures, building location and39
orientation, modified setbacks, paving, landscaping, vegetation removal, areas of grading, 40
etc.). 41
I. Lapse of approval: 42
1. An approved Site Plan Review shall expire two years after the later of the date the site43
plan review was approved or the date a decision on an appeal becomes final, unless a44
complete building permit application is submitted prior to the later of the two dates45
specified herein; and46
2. Expiration of the Site Plan Review is automatic and notice is not required; and47
3. The Director may grant extensions if: 48
a. The applicant makes such a request in writing prior to the expiration date and can49
show good cause for granting the extension; 50
Existing
Homes
Placement of
New Home
No
Yes
Existing
Homes
Placement of
New Home Yes
No
Attachment B
Page 107 of 116
b. The Director determines there have been no significant changes to any aspect of the1
project setting that were the basis of the site plan review approval. 2
3
20.72.050 Reclassification of Zoning. 4
5
A. Purpose. This section establishes a mechanism for site-specific reclassification of property6
or properties from one zoning district to another zoning district. The new zone must be7
consistent with the comprehensive plan and approval of such requests results in a change8
to the Official Medina Zoning Map. 9
B. Applicant: Any owner may submit an application for a Site-specific Rezone. 10
C. Applicability. This section applies to amendments of the Official Medina Zoning Map that11
are site-specific in nature and not involving an area-wide zoning map amendment as12
prescribed in Chapter 20.82 MMC. 13
D. Procedures. Applications for a Site-specific Rezone are processed as a Type 3 decision14
pursuant to the review procedures set forth in Chapter 20.80 MMC and the following: 15
1. The planning commission holds an open-record public hearing and makes a16
recommendation in writing to the city council; 17
2. The planning commission shall issue its written recommendation within 45 calendar days18
of the closing of the open record hearing; 19
3. The planning commission’s written recommendation shall include the following: 20
a. Statement of the facts presented that supports the recommendation; 21
b. A statement of the conclusions reached based on those facts; 22
c. Any conditions or restrictions that are recommended to be placed upon the rezone; 23
and24
d. The date of issuance of the recommendation; 25
4. The city council shall consider the planning commission’s written recommendation no26
later than their next regularly scheduled meeting after the planning commission issues27
their recommendation; 28
5. The city council shall decide the Site-specific Rezone application at a closed record29
meeting; 30
6. The 120-day processing timeline set forth in MMC 20.80.210 may be extended as31
reasonably necessary to allow the city council to deliberate on the planning32
commission’s recommendation at a regularly scheduled meeting. 33
E. Limitations: If a comprehensive plan amendment is required in order to satisfy MMC34
20.72.050(F)(1), approval of the comprehensive plan amendment is required prior to or35
concurrently with the granting of an approval on the rezone. 36
F. Approval criteria: The City Council may approve a Site-specific Rezone only if the following37
criteria are satisfied: 38
1. The rezone is consistent with the comprehensive plan, or will be consistent with the39
comprehensive plan if a comprehensive plan amendment is proposed to be approved40
concurrently with the rezone approval; 41
2. The rezone bears a substantial relationship to the public health, general welfare and42
safety; 43
3. The rezone is appropriate because: 44
a. The rezone will not result in a reclassification to a zoning district where the lot area of45
the subject property is greater than 120 percent of the required minimum lot area of46
the new zoning district. (e.g., a 20,000 square foot R-20 zoned lot could be rezoned47
to R-30 (67 percent of the minimum 30,000 square feet lot size), but not to R-16 (12548
percent of the minimum 16,000 square feet lot size)); or49
b. The rezone will correct a zone classification or zone boundary that was inappropriate50
when established; and51
Attachment B
Page 108 of 116
4. The rezone is not a spot rezone. 1
2
20.72.060 Reasonable use exception. 3
4
A. Purpose: The purpose for a Reasonable Use Exception is to permit development of a site5
only when application of Chapter 18.12 MMC (Critical Areas) would deny all reasonable6
uses of a site. 7
B. Applicant: Any owner may submit an application for a Reasonable Use Exception. 8
C. Procedures: Reasonable Use Exceptions are processed as a Type 3 decision pursuant to9
the review procedures set forth in Chapter 20.80 MMC. 10
D. Applicability: This section shall apply where applying the critical areas regulations set forth in11
Chapter 18.12 MMC would deny all reasonable use of the subject property. 12
E. Additional application submittal requirements: In addition to the submittal requirements set13
forth in MMC 20.80.080, the applicant shall provide the following with a Reasonable Use14
Exception application: 15
1. Critical area report consistent with the requirements of MMC 18.12.150; 16
2. Mitigation plan consistent with the requirements in Chapter 18.12 MMC, if necessary; 17
3. Applications/ approvals from other agencies, as applicable; 18
4. Special studies prepared to support the reasonable use exception; and19
5. SEPA documents. 20
F. Criteria for approval: The Decision Authority may approve a Reasonable Use Exception only21
if the following criteria are satisfied: 22
1. The application of the critical areas regulations would deny all reasonable use of the23
property; 24
2. The proposed development does not pose an unreasonable threat to the public health, 25
general welfare, or safety on or off the site, nor does it damage nearby public or private26
property; 27
3. Any alteration of the critical area and/ or buffer is the minimum necessary to allow for28
reasonable use of the property; 29
4. The inability of the applicant to derive reasonable use of the property is not the result of30
actions by the applicant or their predecessors; 31
5. Any impacts permitted to the critical area and/ or buffer is mitigated in accordance with32
MMC 18.12.160 and 18.12.180 to the greatest extent feasible; 33
6. The proposed development protects critical areas and/ or buffer functions and values34
consistent with the best available science; 35
7. The proposed development is consistent with other applicable regulations and36
requirements. 37
G. Conditions of approval: The Decision Authority may attach reasonable conditions as38
necessary to safeguard the public health, general welfare and safety. 39
40
20.72.070 Public agency and utility critical areas exception. 41
42
A. Purpose: The purpose of a Public Agency and Utility Critical Areas Exception is to allow43
development within a critical area by a public agency or public utility, which would otherwise44
be prohibited by the critical areas regulations. 45
B. Applicant: An owner, or a federal, state or local agency, or a public utility, or their authorized46
agents who has written authorization to act on their behalf may submit an application for a47
Public Agency and Utility Critical Areas Exception. 48
C. Procedures: Public Agency and Utility Critical Areas Exceptions are processed as a Type 349
decision pursuant to the review procedures set forth in Chapter 20.80 MMC. 50
Attachment B
Page 109 of 116
D. Applicability: This section shall apply where applying the critical areas regulations set forth1
in Chapter 18.12 MMC would deny development by a public agency or public utility. 2
E. Additional application submittal requirements: In addition to the submittal requirements set3
forth in MMC 20.80.080, the applicant shall provide the following with a Public Agency and4
Utility Critical Areas Exception application: 5
1. Critical area report consistent with the requirements in MMC 18.12.150; 6
2. Mitigation plan consistent with the requirements in Chapter 18.12 MMC, if necessary; 7
3. Applications/ approvals from other agencies, as applicable; 8
4. Special studies prepared to support the reasonable use exception; and9
5. SEPA documents. 10
F. Criteria for approval: The Decision Authority may approve a Public Agency and Utility Critical11
Areas Exception only if the following criteria are satisfied: 12
1. There is no other practical alternative to the proposed development with less impact on13
critical areas and/or buffers; 14
2. The application of the critical areas regulations would unreasonably restrict the ability to15
provide utility services to the public; and16
3. The proposal meets the following conditions: 17
a. It minimizes the impact on critical areas and/or buffers in accordance with MMC18
18.12.170; 19
b. It does not pose an unreasonable threat to the public health, general welfare or20
safety on or off the site, nor does it damage nearby public or private property; 21
c. Any impacts permitted to the critical area and/ or buffer is mitigated in accordance22
with MMC 18.12.160 and 18.12.180 to the greatest extent feasible; 23
d. The proposal protects critical areas and/ or buffer functions and values consistent24
with the best available science; and25
e. It is consistent with other applicable regulations and requirements. 26
G. Conditions of approval: The Decision Authority may attach reasonable conditions as27
necessary to safeguard the public health, general welfare and safety. 28
29
20.72.080 Level 2 Tailored Construction Mitigation Plan. 30
31
A. Purpose: The purpose of a Level 2 Tailored Construction Mitigation Plan is to mitigate the32
adverse effects on adjacent properties and public streets caused by major construction33
projects. 34
B. Applicant: Any owner may submit an application for a Level 2 Tailored Construction35
Mitigation Plan. 36
C. Procedures: 37
1. Level 2 Tailored Construction Mitigation Plans are processed as a Type 3 decision38
pursuant to the review procedures set forth in Chapter 20.80 MMC; and39
2. Before the City issues permits authorizing grading, demolition or construction activity, 40
the property owners, designated agent, and contractor shall sign the Level 2 Tailored41
Construction Mitigation Plan. 42
D. Applicability: This section applies to where a Level 2 Tailored Construction Mitigation Plan is43
required pursuant to the criteria in Chapter 15.20 MMC. 44
E. Limitations: The Level 2 Tailored Construction Mitigation Plan is a construction mitigation45
plan consisting of both city-developed and applicant-proposed measures for reducing46
construction impacts on neighboring properties and streets. The measures set forth in a47
Level 2 Tailored Construction Mitigation Plan are binding on all of the signatories required in48
MMC 20.72.080(C)(2).. 49
F. Criteria for approval: The evaluation criteria set forth in MMC 15.20.040 shall serve as the50
criteria for approving a Level 2 Tailored Construction Mitigation Plan. 51
Attachment B
Page 110 of 116
G. Conditions of approval: The Decision Authority may attach such mitigation measures as1
necessary to protect the public health, safety and general welfare from the impacts of2
construction activity. 3
H. Lapse of approval: A Level 2 Tailored Construction Mitigation Plan shall remain in effect until4
such time all construction permits associated with the construction mitigation plan expires. 5
6
20.72.090 Non-administrative right-of-way tree trimming/ removal permit. 7
8
A. Purpose: The purpose of a Non-administrative Right-of-way Tree Trimming/ Removal Permit9
is to authorize removal or pruning of trees and vegetative cover in the public right-of-way10
consistent with the Medina Tree Code. 11
B. Applicant: Any owner, or any public or private agencies authorized to use the city right -of-12
way, or their authorized agents who has written authorization to act on their behalf, may13
submit an application for a Non-administrative Right-of-way Tree Trimming/ Removal Permit. 14
C. Procedures: Non-administrative Right-of-way Tree Trimming/ Removal Permits are15
processed as a Type 3 decision pursuant to the review procedures set forth in Chapter16
20.80 MMC. 17
D. Applicability: This section shall apply to the following: 18
1. All trimming, pruning or removal of trees in a city right-of-way, except as provided in19
MMC 20.72.090(D)(2); 20
2. The following tree trimming, pruning and removal activity in a city right -of-way shall be21
exempt from the requirements of this section, except as prescribed in MMC22
20.72.090(E): 23
a. Trimming and pruning that: 24
i. Follows ANSI standards; 25
ii. Does not endanger the life of the tree as determined by the City; 26
iii. Limbs being removed do not exceed three inches in diameter; and27
iv. Not more than 25 percent of the canopy of the tree is removed consistent with28
the other criteria in this subsection; 29
b. Removal of trees that pose an immediate danger to life or property, or substantial fire30
hazard, provided prior consent by the Director is given; or31
c. Trees rated as hazardous by the City Arborist consistent with the criteria in Chapter32
12.28 MMC; 33
d. Any trimming, pruning or removal of trees performed by the city; 34
3. Tree trimming, pruning and removal activity that is subject to the provisions in MMC35
20.71.050. 36
E. Limitation: The exemptions set forth in MMC 20.72.090(D)(2) shall not apply to public and37
private utilities. 38
F. Criteria for approval: The Decision Authority may approve a Non-administrative Right-of-way39
Tree Trimming/ Removal Permit only if the following criteria are satisfied: 40
1. The proposal is compatible with Chapter 3, Community Design Element, of the41
comprehensive plan; 42
2. The proposal is consistent with the public interest in maintaining an attractive and safe43
environment; 44
3. The tree trimming, pruning or removal will have no materially detrimental effects on45
nearby properties; 46
4. Trees defined as significant trees are not removed unless removal is necessary to47
provide access to a property or removal is for reasons of safety (e.g., trees in danger of48
falling or losing significant limbs, or to provide clear view lines of sight for drivers of49
motorized vehicles); 50
Attachment B
Page 111 of 116
5. Tree replacement mitigation is provided in accordance with Chapter 12.28 MMC1
standards for removed trees; 2
6. Tree trimming or pruning is done in accordance with the following: 3
a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the4
area, unless supported by ANSI Standard A300; 5
b. The trimming or pruning does not adversely affect adjoining and nearby properties6
regarding erosion control, noise control, shade, or other existing landscaping within7
the unimproved areas of the right-of-way; and8
c. The trimming or pruning complies with ANSI Standard A300 and does not cause9
unnecessary mutilation or damage to the tree. 10
G. The Decision Authority may attach reasonable conditions as necessary to safeguard the11
public health, general welfare and safety. 12
H. Lapse of approval: 13
1. A Non-administrative Right-of-way Tree Trimming/ Removal Permit shall expire within 1814
months from the later date of the decision being issued or an appeal becoming final; 15
2. Expiration of the Non-administrative Right-of-way Tree Trimming/ Removal Permit is16
automatic and notice is not required; and17
3. No extension of the time period for the permit is allowed. 18
19
20.72.100 Non-administrative tree removal permit. 20
21
A. Purpose: The purpose of a Non-administrative Tree Removal Permit is to authorize removal22
of large significant trees consistent with the Medina Tree Code. 23
B. Applicant: Any owner may submit an application for a Non-administrative Tree Removal24
Permit. 25
C. Procedures: Non-administrative Tree Removal Permits are processed as a Type 3 decision26
pursuant to the review procedures set forth in Chapter 20.80 MMC. 27
D. Applicability: This section shall apply to removal of any significant tree on private property28
where the tree has a 50-inch or greater diameter at breast height and the tree is not located29
within the new building footprint on a property undergoing development. 30
E. Criteria for approval: The Decision Authority may approve a Non-administrative Tree31
Removal Permit only if the following criteria are satisfied: 32
1. The proposal is compatible with Chapter 3, Community Design Element, of the33
comprehensive plan; 34
2. The proposal is consistent with the public interest in maintaining an attractive and safe35
environment; 36
3. The tree removal will have no materially detrimental effects on nearby properties; 37
4. Tree replacement mitigation is provided in accordance with Chapter 12.28 MMC38
standards for removed trees; 39
5. All other ordinances, regulations and policies applicable to tree removal are followed. 40
F. The Decision Authority may attach reasonable conditions as necessary to safeguard the41
public health, general welfare and safety. 42
G. Lapse of approval: 43
1. A Non-administrative Tree Removal Permit shall expire after 18 months from the later44
date of the decision being issued or an appeal becoming final; 45
2. Expiration of the Non-administrative Tree Removal Permit is automatic and notice is not46
required; and47
3. No extension of the time period for the permit is allowed. 48
49
50
Attachment B
Page 112 of 116
20.72.110 Substantial development permit. 1
2
A. Purpose: The purpose of a Substantial Development Permit is to regulate development and3
uses of water bodies and associated upland areas consistent with the Medina Shoreline4
Master Program. 5
B. Applicant: Any owner may submit an application for a Substantial Development Permit. 6
C. Procedures: Substantial Development Permits are processed as a Type 3 decision pursuant7
to the review procedures set forth in Chapter 20.80 MMC. 8
D. Applicability: This section shall apply to activities and uses defined as development pursuant9
to RCW 90.58.030(3)(a) and located within the shoreline jurisdiction as defined by the10
Shoreline Management Act, provided: 11
1. The development does not qualify for an exemption as set forth in MMC 20.70.040; 12
2. The development does not qualify for an Administrative Substantial Development Permit13
as set forth in MMC 20.71.060. 14
E. Additional submittal requirements: In addition to the requirements set forth in MMC15
20.80.080, an application for a Substantial Development Permit shall include the following: 16
1. A site plan containing the following: 17
a. A general description of the proposed project that includes the proposed use or uses18
and the activities necessary to accomplish the project; 19
b. Identification of the shoreline water body; 20
c. A general description of the property as it now exists, including physical21
characteristics and improvements and structures; 22
d. A general description of the vicinity of the proposed project, including identification of23
adjacent uses, structures and improvements, intensity of development and physical24
characteristics; 25
e. Identification of the ordinary high water mark: 26
i. This may be an approximate location provided that for any development where a27
determination of consistency with the applicable regulations requires a precise28
location of the ordinary high water mark the mark shall be located precisely and29
the biological and hydrological basis for the location as indicated on the plans30
shall be included in the development plan; 31
ii. Where the ordinary high water mark is neither adjacent to or within the boundary32
of the project, the site plan shall indicate the distance and direction to the nearest33
ordinary high water mark of a shoreline; 34
f. Existing and proposed land contours with minimum two-foot elevation intervals; 35
g. A general description of the character of vegetation found on the site; 36
h. The dimensions and locations of all existing and proposed structures and37
improvements; 38
2. A landscaping and/ or restoration plan, as applicable; 39
3. Mitigation measures, as applicable; 40
4. Quantity, source and composition of all fill material that is placed on the site whether41
temporary or permanent; 42
5. Quantity, composition and destination of all excavated and/ or dredged material; and43
6. Additional submittal information set forth in the Medina Shoreline Master Program for the44
use. 45
F. Criteria for approval. The Decision Authority may approve a Substantial Development Permit46
only if the following criteria are satisfied: 47
1. The proposed development is consistent with the policy and provisions of the State48
Shoreline Management Act of 1971 (RCW 90.58); 49
2. The proposed development is consistent with the State Shoreline Management Permit50
and Enforcement Procedures (WAC 173-27); and51
Attachment B
Page 113 of 116
3. The proposed development is consistent with the provisions of the Medina Shoreline1
Master Program. 2
G. Conditions of approval: The Decision Authority may attach such conditions as to prevent3
undesirable effects of the proposed development and to assure consistency of the4
development with the Shoreline Management Act and the Medina Shoreline Master5
Program. 6
H. Revisions to permit: Revisions to a Substantial Development Permit shall be consistent with7
WAC 173-27-100. 8
I. Lapse of Approval. Substantial Development Permit shall expire as set forth in WAC 173-27-9
090 and amendments thereto. 10
11
20.72.120 Shoreline conditional use permit. 12
13
A. Purpose: The purpose of a Shoreline Conditional Use Permit is to provide a system within14
the Medina Shoreline Master Program which allows flexibility in the application of use15
regulations in a manner consistent with the policies of RCW 90.58.020. 16
B. Applicant: Any owner may submit an application for a Shoreline Conditional Use Permit. . 17
C. Procedures: 18
1. Shoreline Conditional Use Permits are processed as a Type 3 decision pursuant to the19
review procedures set forth in Chapter 20.80 MMC; and20
2. Shoreline Conditional Use Permits approved by the City are transmitted to the21
Washington State Department of Ecology pursuant to WAC 173-27-200 for Ecology’s22
approval, approval with conditions, or denial. 23
D. Applicability: The following may be permitted if a Shoreline Conditional Use Permit is24
approved: 25
1. Uses listed as a conditional use in the Medina Shoreline Master Program; or26
2. Uses which are not classified or specifically prohibited in the Medina Shoreline Master27
Program provided the applicant can demonstrate consistency with the requirements of28
this section and the requirements for conditional uses contained in the Medina Shoreline29
Master Program. 30
E. Additional submittal requirements: In addition to the requirements set forth in MMC31
20.80.080, an application for a Shoreline Conditional Use Permit shall include the following: 32
1. The site plan shall include: 33
a. A general description of the proposed project that includes the proposed use or uses34
and the activities necessary to accomplish the project; 35
b. Identification of the shoreline water body; 36
c. A general description of the property as it now exists, including physical37
characteristics and improvements and structures; 38
d. A general description of the vicinity of the proposed project, including identification of39
the adjacent uses, structures and improvements, intensity of development and40
physical characteristics; 41
e. Identification of the ordinary high water mark: 42
i. This may be an approximate location provided that for any development where a43
determination of consistency with the applicable regulations requires a precise44
location of the ordinary high water mark, the mark shall be located precisely and45
the biological and hydrological basis for the mark’s location as indicated on the46
plans shall be included in the development plan; 47
ii. Where the ordinary high water mark is neither adjacent to or within the boundary48
of the project, the plan shall indicate the distance and direction to the nearest49
ordinary high water mark of a shoreline; 50
f. Existing and proposed land contours with minimum two-foot elevation intervals; 51
Attachment B
Page 114 of 116
g. A general description of the character of vegetation found on the site; 1
h. The dimensions and locations of all existing and proposed structures and2
improvements; 3
2. A landscaping and/ or restoration plan, as applicable; 4
3. Mitigation measures, as applicable; 5
4. Quantity, source and composition of all fill material that is placed on the site, whether6
temporary or permanent; 7
5. Quantity, composition and destination of all excavated and/ or dredged material; and8
6. Additional submittal information set forth in the Medina Shoreline Master Program for the9
use. 10
F. Criteria for approval: The Decision Authority may approve a Shoreline Conditional Use11
Permit only if the following criteria are satisfied: 12
1. That the proposed use is consistent with the policies set forth in RCW 90.58.020 and the13
Medina Shoreline Master Program; 14
2. That the proposed use will not interfere with the normal public use of public shorelines; 15
3. That the proposed use of the site and design of the project is compatible with other16
authorized uses within the area and with uses planned for the area under the17
comprehensive plan and Medina Shoreline Master Program; 18
4. That the proposed use will cause no significant adverse effects to the shoreline19
environment in which it is to be located; and20
5. That the public interest suffers no substantial detrimental effect. 21
In the granting of a Shoreline Conditional Use Permits, consideration shall be given to the22
cumulative impact of additional requests for like actions in the area. 23
G. Conditions of approval: The Decision Authority and the Washington State Department of24
Ecology may attach reasonable conditions as necessary to prevent undesirable effects of25
the proposed development and to assure consistency of the development with the Shoreline26
Management Act and the Medina Shoreline Master Program. 27
H. Revisions to permit: Revisions to a Shoreline Conditional Use Permit shall be consistent28
with WAC 173-27-100 and amendments thereto. 29
I. Lapse of Approval: A Shoreline Conditional Use Permit shall expire as set forth in WAC 173-30
27-090. 31
32
20.72.130 Shoreline variance. 33
34
A. Purpose. The purpose for a Shoreline Variance is to provide a mechanism strictly limited to35
granting relief where there are extraordinary circumstances relating to the physical character36
or configuration of property. 37
B. Applicant: Any owner may submit an application for a Shoreline Variance. 38
C. Procedures: 39
1. Shoreline Variances are processed as a Type 3 decision pursuant to the review40
procedures set forth in Chapter 20.80 MMC; and41
2. Shoreline Variances approved by the City are transmitted to the Washington State42
Department of Ecology pursuant to WAC 173-27-200 for Ecology’s approval, approval43
with conditions, or denial. 44
D. Applicability: Shoreline Variances may be granted for relief from specific bulk dimensional or45
performance standards set forth in the Medina Shoreline Master Program where the46
requirement of such will impose unnecessary hardships on the applicant or thwart the47
policies set forth in RCW 90.58.020 and the Medina Shoreline Master Program. 48
E. Additional submittal requirements: In addition to the requirements set forth in MMC49
20.80.080, an application for a Shoreline Variance shall include the following: 50
1. The site plan shall include: 51
Attachment B
Page 115 of 116
a. A general description of the proposed project that includes the proposed use or uses1
and the activities necessary to accomplish the project; 2
b. Identification of the shoreline water body; 3
c. A general description of the property as it now exists, including physical4
characteristics and improvements and structures; 5
d. A general description of the vicinity of the proposed project, including identification of6
the adjacent uses, structures and improvements, intensity of development and7
physical characteristics; 8
e. Identification of the ordinary high water mark: 9
i. This may be an approximate location provided that for any development where a10
determination of consistency with the applicable regulations requires a precise11
location of the ordinary high water mark, the mark shall be located precisely and12
the biological and hydrological basis for the mark’s location as indicated on the13
plans shall be included in the development plan; 14
ii. Where the ordinary high water mark is neither adjacent to or within the boundary15
of the project, the site plan shall indicate the distance and direction to the nearest16
ordinary high water mark of a shoreline; 17
f. Existing and proposed land contours with minimum two-foot elevation intervals; 18
g. A general description of the character of vegetation found on the site; 19
h. The dimensions and locations of all existing and proposed structures and20
improvements; 21
2. A landscaping and/ or restoration plan, as applicable; 22
3. Mitigation measures, as applicable; 23
4. Quantity, source and composition of all fill material that is placed on the site, whether24
temporary or permanent; 25
5. Quantity, composition and destination of all excavated or dredged material; and26
6. A site plan that clearly indicates where development may occur without approval of a27
variance, the physical features and circumstances on the property that provide a basis28
for the request, and the location of adjacent structures and uses. 29
F. Criteria for approval: The Decision Authority may approve a Shoreline Variance only if the30
following criteria are satisfied: 31
1. Where the variance is for development landward of the ordinary high water mark the32
following approval criteria shall apply: 33
a. That the strict application of the bulk, dimensional or performance standards set forth34
in the Medina Shoreline Master Program precludes, or significantly interferes with, 35
reasonable use of the property; 36
b. That the hardship described in MMC 20.72.130(F)(1)(a) is specifically related to the37
property, and is the result of unique conditions such as irregular lot shape, size, or38
natural features and the application of the master program, and not, for example, 39
from deed restrictions or the applicant's own actions; 40
c. That the design of the project is compatible with other authorized uses within the41
area and with uses planned for the area under the comprehensive plan and Medina42
Shoreline Master Program and will not cause adverse impacts to the shoreline43
environment; 44
d. That the variance will not constitute a grant of special privilege not enjoyed by the45
other properties in the area; 46
e. That the variance requested is the minimum necessary to afford relief; and47
f. That the public interest will suffer no substantial detrimental effect. 48
2. Where the variance is for development waterward of the ordinary high water mark the49
following approval criteria shall apply: 50
Attachment B
Page 116 of 116
a. That the strict application of the bulk, dimensional or performance standards set forth1
in the Medina Shoreline Master Program precludes all reasonable use of the2
property; 3
b. That the hardship described in MMC 20.72.130(F)(2)(a) is specifically related to the4
property, and is the result of unique conditions such as irregular lot shape, size, or5
natural features and the application of the master program, and not, for example, 6
from deed restrictions or the applicant's own actions; 7
c. That the design of the project is compatible with other authorized uses within the8
area and with uses planned for the area under the comprehensive plan and Medina9
Shoreline Master Program and will not cause adverse impacts to the shoreline10
environment; 11
d. That the variance will not constitute a grant of special privilege not enjoyed by the12
other properties in the area; 13
e. That the variance requested is the minimum necessary to afford relief; 14
f. That the public interest will suffer no substantial detrimental effect; and15
g. That the public rights of navigation and use of the shorelines will not be adversely16
affected. 17
3. In the granting of all variance permits, consideration shall be given to the cumulative18
impact of additional requests for like actions in the area. 19
G. Conditions of approval: The Decision Authority may attach reasonable conditions as20
necessary to prevent undesirable effects of the proposed development and to assure21
consistency of the development with the Shoreline Management Act and the Medina22
Shoreline Master Program. 23
H. Revisions to permit: Revisions to a Shoreline Conditional Use Permit shall be consistent24
with WAC 173-27-100. 25
I. Lapse of Approval. A Shoreline Variance shall expire as set forth in WAC 173-27-090. 26
27
28
29
Medina City Council Regular Meeting ITEM PH-2
Monday, June 10, 2013
AGENDA BILL
Subject:
2014 – 2019 SIX YEAR CAPITAL IMPROVEMENT PLAN AND
TRANSPORTATION IMPROVEMENT PROGRAM
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Joe Willis Sr., Director of Public Works
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 solicit public comment on the
proposed plan is a requirement prior to plan adoption by the Council.
DISCUSSION:
The Proposed CIP/TIP Plan for years 2014 through 2019 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
2014 to prolong the surface condition of the paved streets by preventing water infiltration
into the sub-base that leads to pavement failures, needed bridge repairs, street pavement
overlays to restore street surfaces, storm drainage projects, sidewalk repairs, and park
improvements. The attached 2014 – 2019 CIP/TIP Project Summary lists the projects by
year, project scope, budget, and revenue source.
The proposed annual expenditure for the Plan ranges from $ 560,000 to $410,000.
Attachment(s):
1. Draft 2014 – 2019 CIP/TIP Plan
2. Summary of Projects
Budget/Fiscal Impact: Varies by Year from $560,000 to $410,000
Staff Recommendation:
Conduct Public Hearing for the 2014 – 2019 Capital
Improvement Plan and Transportation Improvement
Program
City Manager Approval:
Proposed Council Motion: Solicit Public Comment
ITEM PH-2
2014-2019 Six-Year Capital Improvement Program
2014
Crack seal streets (Evergreen Point Rd, NE 8th to 10th) $8,000
NE 8th, Evergreen to 80th) $16,000
NE 12th, 84th to NE 10th) $20,000
NE 10th, 84th to Lake Wash Blvd) $16,000
Overlake Drive East Bridge Repairs $40,000
Street Overlays (NE 28th Street, Evergreen Point Road to 80th ) $85,000
79th Ave NE, 24th to 26th Street) $100,000
NE 26th, 79th to 80th Ave) $40,000
77th Ave NE at NE 22nd) $50,000
Sidewalk Repairs around power poles (Evergreen, NE 8th to NE 16th) $185,000
Total 2014 $560,000
2015
Street asphalt pavement overlays:
NE 32nd Street (Evergreen to 80th) $100,000
78th Ave NE (NE 24th to NE 26th) $100,000
Storm Drain Repair Medina Heights (Ridge Rd to Midland Rd) $175,000
Sidewalk Repairs around power poles (NE 12th, Evergreen to 80th $125,000
Total 2015 $500,000
2016
Street asphalt pavement overlays:
Upland Road (Ridge Road to NE 5th) $35,000
NE 5th (86th to Upland Rd) $65,000
86th Ave NE (NE 5th to NE 6th) $45,000
Midland Road (84th to Upland Rd) $80,000
Sidewalk Repairs (Evergreen Point Road, NE 16th to NE 22nd) $185,000
Total 2016 $410,000
2017
Street asphalt pavement overlay 84th Ave , Overlake to NE 12th $245,000
Sidewalk Repairs (84th Ave NE, Overlake to NE 12th) $195,000
Medina Park dredge ponds and shore up rockery edge $100,000
Total 2017 $440,000
2018
Street asphalt pavement overlays: 78th Pl NE (NE 32nd to Evergreen) $100,000
Overlake Drive (Lake Washington Blvd to 84th) $300,000
Total 2018 $400,000
2019
New path along south side of NE 32nd Street (Evergreen to 80th) $145,000
Medina Park irrigation of the east half of the park $140,000
Fairweather Park playfield, trails and park improvements $185,000
Total 2019 $470,000
ITEM PH-2
CITY OF MEDINA 5/1/2013
2014 - 2019 SIX YEAR CAPITAL IMPROVEMENT PLAN (CIP)Approved by: Medina City Council
2014 - 2019 SIX YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP)Date:
2014 - 2019 SIX YEAR NON-TRANSPORTATION IMPROVEMENT PLAN (NON-TIP)Resolution Number:
DATE SUBMITTED: May 13, 2013
LENGTH PAVEMENT PROJECT REVENUE
NO.YEAR STREET / LOCATION FROM / AT TO (mi)PROJECT SCOPE CONDITION BUDGET SOURCE
I. STREET IMPROVEMENT PROJECTS (ACP Overlays, Sidewalks, Storm Drainage, etc.)
I - 1 2014 Overlake Drive East Bridge 1014B Bridge 1014C N/A Repair Guardrails, patch decks, repair timber caps $40,000.00 $40,000 Motor Fuel Tax
I - 2 2014 Evergreen Point Road NE 8th Street NE 10th Street 0.13 crack seal to prevent moisture in subbase 3 $8,000.00 $20,000 Motor Fuel Tax
I - 3 2014 NE 8th Street Evergreen Point Road 80th Ave NE 0.26 crack seal to prevent moisture in subbase 3 $16,000.00 Motor Fuel Tax
I - 4 2014 NE 12th Street 84th Ave NE NE 10th Street 0.33 crack seal to prevent moisture in subbase 3 $20,000.00 Motor Fuel Tax
I - 5 2014 NE 10th Street 84th Ave NE Lake Washington Blvd 0.27 crack seal to prevent moisture in subbase 3 $16,000.00 Motor Fuel Tax
I - 6 2014 NE 28th Street Evergreen Point Road 80th Ave NE 0.18 Subgrade repair, ACP overlay, drainage improvements to remove ditch 3.5 $85,000.00 REET Tax
to be completed following Points Loop Trail construction)
I - 7 2014 79th Ave NE NE 24th Street NE 26th Street 0.12 Pavement repair, ACP overlay, repair storm drainage, 4 $100,000.00 REET Tax
I - 8 2014 NE 26th Street 79th Ave NE 80th Ave NE 0.06 Subgrade repair, ACP overlay, drainage improvements 3.5 $40,000.00 REET Tax
I - 9 2014 77th Ave NE NE 22nd Street 500' south of NE 22nd 0.09 Subgrade repair, ACP overlay, drainage improvements 3.5 $50,000.00 REET Tax
I - 10 2015 NE 32nd Street Evergreen Point Road 80th Avenue NE 0.27 Subgrade repair, ACP overlay, drainage improvements 4 $100,000.00 $60,000 Motor Fuel Tax
to be completed following SR 520 construction)Balance REET Tax
I - 11 2015 78th Ave NE NE 24th Street NE 26th Street 0.12 Pavement repair, ACP overlay 3.5 $100,000.00 Motor Fuel Tax
I - 12 2016 Upland Road Ridge Road NE 5th Street 0.09 Subgrade repair, ACP overlay 3.5 $35,000.00 Motor Fuel Tax
I - 13 2016 NE 5th Street 86th Ave NE Upland Road 0.10 Subgrade repair, ACP overlay 3 $65,000.00 REET Tax
I - 14 2016 86th Ave NE NE 5th Street NE 6th Street 0.07 Subgrade repair, ACP overlay 3 $45,000.00 REET Tax
I - 15 2016 Midland Road 84th Ave NE Upland Road 0.14 Subgrade repair, ACP overlay, drainage improvements 3 $80,000.00 REET Tax
I - 16 2017 84th Ave NE Overlake Drive West NE 12th Street 0.53 Subgrade repair, ACP overlay, drainage improvements 3 $245,000.00 $60,000 Motor Fuel Tax
Balance REET TAX
I - 17 2018 78th Place NE NE 32nd Street Evergreen Point Road 0.23 Subgrade repair, ACP overlay, drainage improvements 3 $100,000.00 $ 60,000 Motor Fuel Tax
Balance REET TAX
I - 18 2018 Overlake Drive Lake Wash Blvd 84th Ave NE 0.88 Subgrade repair, ACP overlay 3 $300,000.00 REET Tax
II. STORM DRAINAGE PROJECTS (Not including storm drainage improvements in conjunction with street or path projects)
II - 1 2015 Storm Drainage System N/A Repair City storm drains Overlake Dr. West and Medina Heights $175,000.00 REET Tax
Pavement Condition Legend for Part I. ACP Overlays:NOTES:
1 = excellent (new/recent overlay within past 5-10 yr. +-)1) The above budget figures shown are in 2013 dollars and are to be considered preliminary probable project costs only.
2 = good (older overlay, 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 extensive research, survey, and scope definition prior to the particular year's budgeting.
4 = fair-poor (several cracks, some alligators/settlement)
5 = poor (several cracks, alligators, settlement/potholes)2) The projects identified above are preliminary in scope. Projects may be added to or deleted from this list.
3) Revenue is assumed to be $ 60,000 Motor Fuel Tax per year; $ 500,000 REET Tax per year
ITEM PH-2
CITY OF MEDINA 5/1/2013
2014 - 2019 SIX YEAR CAPITAL IMPROVEMENT PLAN (CIP)Approved by: Medina City Council
2014 - 2019 SIX YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP)Date:
2014 - 2019 SIX YEAR NON-TRANSPORTATION IMPROVEMENT PLAN (NON-TIP)Resolution Number:
DATE SUBMITTED: May 13, 2013
LENGTH PAVEMENT PROJECT REVENUE
NO.YEAR STREET / LOCATION FROM / AT TO (mi)PROJECT SCOPE CONDITION BUDGET SOURCE
III. SIDEWALK / PATH PROJECTS (Including storm drainage improvements as noted)
III - 1 2014 Evergreen Point Road NE 8th Street NE 16th Street 0.45 Sidewalk Repairs around power poles $185,000.00 REET Tax
III - 2 2015 NE 12th Street Evergreen Point Road 80th Ave NE 0.25 Sidewalks Repairs around power poles $125,000.00 REET Tax
III - 3 2016 Evergreen Point Road NE 16th Street NE 22nd Street 0.38 Sidewalks Repairs $185,000.00 REET Tax
III - 4 2017 84th Ave NE Overlake Drive NE 12th Street 0.53 Sidewalks Repairs $195,000.00 REET Tax
III - 5 2019 NE 32nd Street Evergreen Point Road 80th Ave NE 0.27 New path on south side $145,000.00 $60,000 Motor Fuel Tax
Balance REET Tax
NON-TRANSPORTATION IMPROVEMENT PROJECTS:
IV. BUILDING RESTORATION AND IMPROVEMENTS
No Projects
V. PARKS PROJECTS
V - 1 2017 Medina Park Medina Park N/A Dredge Ponds and shore up rockery edge $100,000.00 REET Tax
V - 2 2019 Medina Park Medina Park N/A Irrigation system, drainage and pathway improvements $140,000.00 REET Tax
V - 3 2019 Fairweather Park Fairweather Park N/A All-weather playfield, trails and park improvements $185,000.00 REET Tax
SUMMARY TOTAL PROJECTED BUDGET BY YEAR:NOTES:
2014 560,000 1) The above budget figures shown are in 2013 dollars and are to be considered preliminary probable project costs only.
2015 500,000 More precise budget figures will need to be determined once the final scope of each project is defined,
2016 410,000 which will require more extensive research, survey, and scope definition prior to the particular year's budgeting.
2017 440,000
2018 400,000 2) The projects identified above are preliminary in scope. Projects may be added to or deleted from this list.
2019 470,000
3) Revenue is assumed to be $ 60,000 Motor Fuel Tax per year; $ 500,000 REET Tax per year
TOTAL SIX YEAR C.I.P. 2014 - 2019 2,780,000
Medina City Council Regular Meeting ITEM OB- 2
Monday, June 10, 2013
AGENDA BILL
Subject:
Authorize Call For Bids for Public Works Shop
Facility Improvement Project
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Joe Willis Sr., Director of Public Works
Summary:
The City Council authorized David Clark Architects to conduct a study of the existing Public
Works Shop Facility in August of 2012. The study was completed in February of this year. The
report revealed a critical need for more covered storage area for equipment. Currently major
pieces of equipment are located in the yard area without cover which subjects them to weather
conditions that contribute to degradation that will be reflected in earlier replacement than would
be necessary if they were stored under cover. The report also highlighted how the lack of
storage area impacts the day to day operations. The limited storage area necessitates moving
of smaller equipment in order to clear areas for ordinary projects such as sign fabrication, wood
working, and small equipment repairs.
The Council considered these issues during the 2013 budget discussions and adopted a budget
that allocated $459,325 to the Public Works Shop Improvement. David Clark Architects has
prepared a design for a shop building addition of 2,378 sq.ft. that contains four parking bays for
parking of equipment under cover, and added shop yard paved area of approximately 2,600
sq.ft. for material bins and storage.
The architects estimated cost for the project is $457,174 that includes a $41,000 contingency.
Roll up bay doors will be included in the bid documents as additive alternatives should funds be
available for their inclusion into the work.
Attachment(s):
1. City Shops Site Plan
Budget/Fiscal Impact: $459,325 Capital Project Fund
Staff Recommendation: Approve the Call for Bids
City Manager Approval:
Proposed Council Motion:
I move to approve the Call for Bids for the Public Works Shop
Facility Improvement Project.
Medina City Council Regular Meeting ITEM OB-3
Monday, June 10, 2013
AGENDA BILL
Subject:
Department of Ecology’s Conditional Approval of Medina’s Shoreline Master
Program
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Robert J. Grumbach, AICP, Director of Development Services
Summary: On June 12, 2012, the City Council approved Ordinance No. 866 approving an
updated Medina Shoreline Master Program (SMP) and submitting it to the Department of
Ecology (DOE) for approval. On May 16, 2013, DOE sent a letter to the City conditionally
approving Medina’s submitted SMP. DOE listed 49 required changes (there is actually 48) and
12 recommended changes.
State law provides that within 30 days of DOE’s decision, the City may:
1. Agree to the proposed changes in writing; or
2. Submit an alternative proposal.
If the City chooses to submit alternative proposals, DOE may approve the alternatives, may
resubmit them for public and agency review, or may reject the alternatives. In sum, the City and
DOE need to work together and reach total, formal agreement on all changes before the
updated SMP can go into effect. If agreement cannot be reached, DOE may initiate procedures
to adopt the SMP on behalf of the City. (The City retains the right to appeal.)
The City is required to respond to DOE’s conditional approval by Friday, June 14, 2013, to meet
the 30-day statutory requirement. If the City chooses to propose alternatives, more time beyond
the 30 days will be necessary. The City can respond to the June 14 deadline by requesting
more time for developing proposed alternatives. Staff recommends this approach and has
drafted a letter to DOE requesting more time, which is attached. Council action authorizing
staff to send this letter is requested. (See Motion #1 below.)
To develop proposed alternatives, a work program framework has been developed. To be
efficient, it is recommended that we start by narrowing down the list of required changes on
which to focus the City’s attention. This is suggested to be done in a two-phased approach.
The first phase is to accept DOE required changes where the change either provides
consistency with prescriptive state law, or the effect of the change is none. There are 11 items
in the conditional approval letter that meet this criteria – Items 1, 2, 4, 6, 7, 28, 33, 42, 44, 45,
and 46. Staff recommends accepting these changes and therefore removing them from further
discussion under the work program. Council action on accepting these changes is
requested. (See Motion #2 below.)
The second phase for narrowing down the list involves City Council action at the July 8 regular
meeting. Before narrowing the list down under Phase 2, City Council discussion and an
opportunity for the public to comment is recommended. Prior to the July 8 regular meeting, staff
will discuss with the City Council potential outcomes associated with the remaining required
changes. The public will then have an opportunity to express their concerns regarding DOE’s
conditional approval directly to the City Council at the July meeting. The intent will be to narrow
down the list further using this information by possibly accepting some of DOE’s required
changes, and/ or in some cases accepting proposed alternatives developed by staff involving
minor issues. Council action for scheduling a public hearing is requested. (See Motion
3.)
Medina City Council Regular Meeting ITEM OB-3
Monday, June 10, 2013
Once the list of 49 is narrowed down, the work program will be supplemented to develop
proposed alternatives for the remaining items.
Attachments:
1. Ecology Required Changes Attachment B and Recommended Changes Attachment C with
list of acceptable changes
2. Letter to Ecology requesting additional time
Budget/Fiscal Impact:
Unknown – expenditures will be required for both the
shoreline consultant and legal ($20,000 is currently
budgeted for shoreline consultant)
Staff Recommendation: See proposed Council Motions
City Manager Approval:
Proposed Council Motion:
1. Move to authorize the Director of Development
Services to send a letter to the Department of Ecology
requesting additional time to respond to the
Department of Ecology’s conditional approval of
Medina’s Shoreline Master Program.
2. Move to provide direction to staff to accept the
required changes in Items 1, 2, 4, 6, 7, 28, 33, 42, 44,
45, and 46 from the Department of Ecology’s
conditional approval of Medina’s Shoreline Master
Program.
3. Move to set a public hearing for July 8, 2013, with the
purpose of gathering public comments concerning the
Department of Ecology’s conditional approval of
Medina’s Shoreline Master Program.
Page 1
OB-3: Phase One Response – Ecology Required Changes:
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
1 2.1 A
Shorelines of
Statewide
Significance, SM-
P1.1
Shorelines of
Statewide
Significance
SM-P1.1 This Shoreline Master Program shall be developed using the
following guidelines in order of preference:
a. Recognize and protect the state-wide interest over local interest.
b. Preserve the natural character of the shoreline.
c. Support actions that result in long-term benefits over short-term
benefits.
d. Protect the resources and ecology of the shoreline.
ed. Increase public access to publicly owned areas of the shorelines.
fe. Increase recreational opportunities for the public in the shoreline.
Acceptable (Consistency with WAC 173-26-251)
Effective of Change: None
2 20.60.010
Title
SMP reference Chapters 20.60 through 20.67 of the Medina Municipal Code, in
combination with Sub-element 2.1 of the Medina Comprehensive Plan,
shall be known as, and may be cited as, the "Medina Shoreline Master
Program."
Acceptable (Consistency with WAC 173-26-191)
Effective of Change: None
3 All Sections when
referencing the
ordinary high water
line
OHWM vs. OHWL Ordinary high water line mark Proposed Alternative Suggested
4 20.60.215
F” definitions.
Definitions “Feasible” means an action, such as a development project, mitigation,
or preservation requirement that meets all of the following conditions:
1. Can be accomplished with technologies and methods that have
been used in the past in similar circumstances, or studies or tests that
have demonstrated in similar circumstances that such approaches are
currently available and likely to achieve the intended results;
2. Provides a reasonable likelihood of achieving its intended purpose;
and
3. Does not physically preclude achieving the project's primary
intended legal use.
The burden of proving infeasibility is on the applicant in cases where
these guidelines require certain actions. In determining an action's
infeasibility, the City or the Department of Ecology may weigh the
action's relative public costs and public benefits, considered in the
short- and long-term time frames.
Acceptable (Consistent with RCW 90.58.140(10))
Effect of Change: It reflects Ecology’s statutory authority to
decide shoreline variances and shoreline conditional use permits.
Page 2
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
6 20.60.231
V” definitions.
Definitions “Vessel" includes ships, boats, barges or any other floating craft which
are designed and used for navigation and do not interfere with the
normal public use of the water every description of watercraft, used or
capable of being used as a means of transportation on the water.
Acceptable (Consistent with same definition in WAC 173-27-
030(18)).
Effective of Change: None
7 20.60.232
W” definitions.
Definitions "Water-enjoyment use" means a recreational use or other use that
facilitates public access to the shoreline as a primary characteristic of
the use; or a use that provides for recreational use or aesthetic
enjoyment of the shoreline for a substantial number of people as a
general characteristic of the use and which through location, design,
and operation ensures the public's ability to enjoy the physical and
aesthetic qualities of the shoreline. In order to qualify as a water-
enjoyment use, the use must be open to the general public and the
shoreline-oriented space within the project must be devoted to the
specific aspects of the use that fosters shoreline enjoyment.
Acceptable (Consistent with same definition in WAC 173-26-
020(40)).
Effective of Change: None
8 20.62.020 E Review Criteria E. Review procedures for deciding project permits are found in
Chapter 20.80 MMC and WAC 173-27.
Proposed Alternative Suggested
9 20.62.030 Shoreline
Use Table
Breakwaters/
jetties/ rock weirs/
groins
Shoreline Use
Sh
o
relin
e
Re
side
n
tial
Ur
b
an
Co
n
s
e
rvan
cy
Aq
u
a
tic
Tr
a
nsp
o
rta
tio
n
Shoreline Modifications
Breakwaters/ jetties/ rock
weirs/ groins
X CU X CUX CUX
Proposed Alternative Suggested
10 20.63.030 C
Shoreline setbacks
from Lake
Washington
Allowed uses in the
shoreline setback
The following structures are allowed to protrude into a shoreline
setback provided the structure is constructed and maintained in a
manner that avoids, or if that is not possible, minimizes, and then or
mitigates adverse impacts to shoreline ecological functions:
Proposed Alternative Suggested
Page 3
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
11 20.63.030 C 7
Shoreline setbacks
from Lake
Washington
Environmental
Impact Mitigation
7. Uncovered decks and patios provided:
a. No part of the structure exceeds 30 inches in height above the
existing grade;
b. No part of the structure is closer than 30 feet from the ordinary high
water line;
c. Total surface area does not exceed 500 square feet inside of the
setback area for all decks, patios and similar improvements;
d. Materials allow water to easily pass through to the ground (example:
wood decking with gaps between the boards and pervious ground
surface below); and
e. Within the 70 to 125-foot stringline setback area, the requirements
set forth in MMC 20.63.030(C)(7)(b) and (c) may be is modified to
allow uncovered decks and patios to:
i. Protrude into the shoreline setback area provided no part of the
structure is closer than 50 feet from the ordinary high water line; and
ii. The total surface area of decks, patios and similar improvements
inside of the setback area does not exceed 15 percent of the total
shoreline setback area;
f. Native vegetation is planted in 1:1 ratio of total surface area of all
decks, patios and similar improvements.
Proposed Alternative Suggested
12 20.63.030 E
Shoreline setbacks
from Lake
Washington
Setback Exceptions E. Shallow lot exception.
1. Where a lot has the following conditions, the requirements set forth
in MMC 20.63.030(A) and (D) shall not apply and the minimum
setback between the closet point of building and structures from the
ordinary high water line shall be 30 feet without enhancements:
a. The depth of the lot is less than 150 feet; and
b. The net buildable area of the lot is 8,200 square feet or less.
2. For the purposes of this provision, the depth of the lot shall be
determined by:
a. Measuring the distance of a horizontal line drawn midway between
the side property lines between the ordinary high water line and the
front lot line; and
b. If the lot is irregular in shape, or has fewer than two side lot lines,
the midway will be determined in the most reasonable manner based
on the lot lines that intersect the ordinary high water line.
Proposed Alternative Suggested
Page 4
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
3. The net buildable area is the area of a lot contained within the
setback limits where buildings and structures may be placed,
excluding any critical areas that are unbuildable.
13 20.63.030 F
Shoreline setbacks
from Lake
Washington.
Environmental
Impact Mitigation:
Setback
Reductions
F. Where MMC 20.63.030(A)(2) requires enhancements for a 30-foot
setback are required by the SMP, the following shall be implemented:
1. Install a vegetative planting area in accordance with the following
see diagram in Figure 20.63.030(F)(1)):
a. The planting area shall extend along the frontage of the lot adjoining
the water;
b. The average width measured from the ordinary high water line of
the planting area shall be a minimum of 10 feet with no measurement
less than five feet;
c. At least 75 percent of the planting area shall be covered by
vegetation;
d. Plantings shall consist of native tree, shrub and grass species with
at least 50 percent of the area planted with vegetation other than
grasses such as shrubs and bushes;
e. The remaining 25 percent of the planting area may be planted with
non-native species and/ or contain inanimate materials such as
landscape rocks and hardened walkways;
f. Where e Existing native species plants are preserved in the planting
area, the native species plants may shall not count towards the 75
percent planting coverage, including nor shall vegetation installed
previously as part of a prior development activity.
Proposed Alternative Suggested
14 20.63.050 A 2
Development
standards for
divisions of land
and lot line
adjustments.
Development
Standards
e. Lots are not deemed nonconforming for failure to meet the minimum
water frontage or lot width requirements.
Proposed Alternative Suggested
Page 5
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
15 20.63
Shoreline General
Development
Standards
Side yard setbacks 20.63.060 Side Yard Setback.
A. R-16 Zone. Minimum of 10 feet from each side line.
B. R-20 Zone. Minimum of 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.
C. R-30 Zone. Minimum of 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
Proposed Alternative Suggested
16 20.64.010
Residential
development
Accessory dwelling
units
E. Detached accessory dwelling units shall be located outside of all
critical area buffers and/or shoreline setback areas and shall not be
subject to a shoreline setback reduction or variance.
Proposed Alternative Suggested
17 20.65.020
Overwater structure
general provisions
General Dock and
Pier standards
A. Only one pier or dock plus one float is allowed per lot or contiguous
lots under the same distinct property ownership; limitations on other
overwater structures shall be as prescribed by this chapter;
B. Overwater structures must support a permitted shoreline use, but
may be located off-site from the principal use provided the lots
containing the overwater structure and the lot containing the principal
use are located contiguous to each other and have the same distinct
property ownership;
Proposed Alternative Suggested
18 20.65.040 E 3
Design Standards
for piers, docks,
buoys, moorage
piles and floats.
New Dock or Pier
Mitigation
g. Where eExisting native species plants are preserved in the planting
area shall be preserved and shall not , the native species may be
counted count towards meeting the planting area coverage
requirements; including , nor shall 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;
Proposed Alternative Suggested
19 20.65.040
Design Standards
for piers, docks,
buoys, moorage
piles and floats.
Dock and Pier
standards
K. Where a new pier or dock is proposed, it shall be allowed only for
water-dependent uses including single-family residences or public
access. When in association with a single-family residence, it shall be
designed and intended as a facility for access to watercraft.
L. All overwater structures shall be limited to the minimum size
necessary to support the water-dependent use and shall not exceed
the dimensional standards without review through a shoreline variance
permit.
Proposed Alternative Suggested
Page 6
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
20 Table 20.65.040
Overwater Structure
Dimensional &
Design Standards
Dock and Pier
standards
Description
Requirements
New Structures
See MMC
20.65.030(B))
Existing
Structures
See MMC
20.65.030(A))
Maximum Overwater Surface Coverage 1
Single property owner 480 square feet 2 1,200 square feet
Shared/ Joint-use by two
property owners
700 square feet 2 1,400 square feet
Shared/ Joint-use by more
than two property owners
1,000 square feet 2 1,500 square feet
Public Minimum necessary for reasonable
use to support the public use
Maximum Length
Farthest extension point of
all structures from the
ordinary high water line
See MMC 20.65.040(D)
100 feet 100 feet
Ell 26 None
Fingers and Floating
Decking 20 None
Maximum Width
Walkway, located within
30 feet waterward of the
ordinary high water line
4 feet
Existing width or
4 feet, whichever
is greater, but not
more than 6 feet
where existing
width is greater
than 6 feet
Walkway, located greater
than 30 feet waterward of
the ordinary high water
6 feet None 6 feet
Proposed Alternative Suggested
Page 7
line
Ell and Floating Decking 6 feet None
Finger 2 feet None
Location of specific structures
Minimum distance of ells,
fingers, buoys, moorage
piles, and/or floats water
from the ordinary high
water line
30 feet and 10 feet
of water depth
30 feet and 10
feet of water
depth
Pier skirting – Prohibited
Allowed only when it can be demonstrated to be necessary for
protection from wave action and no reasonable alternatives exist
Minimum distance from
the ordinary high water
line
30 feet 30 feet
Maximum depth below the
ordinary high water line 3 feet 3 feet
Where installed, the
minimum area of the
skirting that must be
maintained as open space
50 percent 50 percent
21 20.65.040
Design Standards
for piers, docks,
buoys, moorage
piles and floats.
Dock and Pier
Replacement
Mitigation
F. Where an existing pier or dock is replaced, mitigation shall consist
of removing in-water and overwater structures located within 30 feet of
the ordinary high water line, except for existing or authorized shoreline
stabilization measures and boatlifts
Proposed Alternative Suggested
22 20.65.050 A
Alternative design
standards for piers,
docks, buoys,
moorage piles and
floats.
Pier and dock
standards
2. All other applicable provisions of this chapter are met, including
those prescribed in MMC 20.65.040(D) through (JL). Proposed Alternative Suggested
See Item # 19
Page 8
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
23 Table 20.65.050
Alternative
Overwater
Dimensional and
Structure Design
Standards
Pier and dock
standards
Description Requirements 1
Overwater Coverage No larger than authorized
through state and federal
approval No larger than allowed
under MMC 20.65.040
Minimum Setback from Side
Property Lines 12 feet
Maximum Length (See MMC
20.65.040(D)) 100 feet
Maximum Width and Height of
structural components
No greater than authorized by
state and federal approval No
larger than allowed under MMC
20.65.040
Location of Specific
Structures:
Minimum distance of ells,
fingers, buoys, moorage piles,
and/or floats waterward from the
ordinary high water line
Minimum distances of all piles,
except moorage piles,
waterward from the ordinary
high water line
30 feet and 10 feet of water
depth
18 feet
Pier Skirting As authorized per state and
federal approval
Materials Same as prescribed in Table
20.65.040 As authorized per
state and federal approval
Notes:
1 Notes in MMC Table 20.65.040 apply as applicable
Proposed Alternative Suggested
Page 9
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
24 20.65.060
Modification to
overwater
structures
Pier and dock
standards
D. Where existing overwater structure is proposed for removal, priority
should be given to removing those structures located within 30 feet of
the ordinary high water line, except for existing or authorized shoreline
stabilization measures, boatlifts, and pier and dock walkways.
Proposed Alternative Suggested
25 Table 20.65.100(B)
Covered Moorage
Dimensional &
Design Standards
Boatlift design
standards Description Dimensional & Design
Standard
Location
Boatlifts The furthest point of a boat lifts
shall be placed a distance not
to exceed 100 feet from the
ordinary high water line (See
MMC 20.65.040(D) for
measuring distance), except
as allowed pursuant to MMC
20.65.100(D). The closest
point of a boat lift shall be 30
feet from the ordinary high
water line or 9 feet of water
depth, whichever is greater.
Height
Maximum height of covered
moorage above the ordinary high
water line
16 feet
Minimum height of covered
moorage above the ordinary high
water line
4 8 feet
Proposed Alternative Suggested
26 20.65.100 C
Covered moorage
and boatlifts.
Covered Moorage
design standards
5. Covered moorage structures shall be at least 30 feet waterward
from the ordinary high water line and be located in a minimum of 9 feet
of water depth; and
Proposed Alternative Suggested
Page 10
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
27 20.65.100
Covered moorage
and boatlifts.
Covered moorage
and boatlift impact
mitigation
E. Mitigation shall be provided in a 1:1 ratio by area for all new
overwater coverage. Preferred forms of mitigation are as follows:
1. Replacing solid decking with grated decking consistent with Table
20.65.040, or
2. Planting a mix of native trees, shrubs, and grasses adjacent to
OHWM, or
3. Planting emergent vegetation waterward of the ordinary high water
line, or
4. Removal of hardened shoreline. Replacement of removed
stabilization may be allowed consistent with MMC 20.65.
Proposed Alternative Suggested
28 20.65.230 B
Structural shoreline
stabilization –
replacement of
existing.
Stabilization
Replacement
2. An analysis is prepared by a qualified professional evaluating the
effects of the existing
structure on ecological functions and the change a replacement
structure will have on
ecological functions consistent with MMC 20.65.230(B)(1); and
Acceptable
Effect of Change: None
29 20.65.240
Structural shoreline
stabilization – repair
of existing.
Stabilization
Replacement
B. Total rRepair over the lifetime of the structure exceeding 75 percent
linear length of the structure at or below the ordinary high water line
shall be subject to the requirements for replacement set forth in MMC
20.65.230;
Proposed Alternative Suggested
30 20.65.260
Hard structural
shoreline
stabilization
mitigation
requirements.
Stabilization
Standards
A. Improve shallow water habitat by installing waterward of the
ordinary high water line gravel, cobble, or similar rocky beach material
at a maximum grade of one vertical to four horizontal (1:4). Sediment
sizes shall be predominately 1/8” to 2”;
Proposed Alternative Suggested
31 20.65.260 B
Hard structural
shoreline
stabilization
mitigation
requirements.
New Stabilization
Mitigation
3. Planting shall consist of native species with at least 50 percent of
the area planted with bushes and shrubs;
4. Where e Existing native species plants are preserved in the planting
area shall be preserved and shall not, the native species plants may
count towards the planting area requirements, including nor shall
vegetation installed previously as part of a prior development activity;
Proposed Alternative Suggested
Page 11
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
32 20.65.400
Breakwaters, jetties,
an d weirs
Stabilization
Standards
20.65.400 Breakwaters, jetties, groins and weirs
A. Breakwaters, jetties, groins, and weirs located waterward of the
ordinary high water mark shall be allowed only where necessary to
support water-dependent uses, public access, shoreline stabilization,
or other specific public purpose.
B. Where a breakwater, jetty, groin or weir is installed to protect or
restore shoreline ecological functions, the City may waive the
requirement for a conditional use permit and approve it as a permitted
use.
C. Breakwaters, jetties, groins and weirs shall be designed to protect
critical areas and shall provide mitigation according to the mitigation
sequencing defined in MMC 20.66.020.
Proposed Alternative Suggested
See Item #9
33 20.65.300
Dredging and
disposal.
Dredging and
Disposal
requirements
A. New development should be placed and designed to avoid or if that
is not possible, to minimize the need for new and/ or maintenance
dredging;
Acceptable (Consistency with WAC 173-26-231(3)(f))
Effect of Change: None.
34 20.66.020
Mitigation
sequencing.
Feasibility of
mitigation
sequencing
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.
Proposed Alternative Suggested
35 20.66.050
Tree management
and vegetation
conservation
Vegetation
conservation within
Shoreline setbacks
B. Non-hazardous trees shall be preserved within the shoreline area
unless replacement trees are provided for a removed tree in
accordance with Table 20.66.050: Non-hazardous trees shall be
preserved within the shoreline setback. If tree removal within
shoreline jurisdiction cannot be avoided, and has been determined to
be necessary to support a permitted use, replacement trees shall be
provided for in accordance with Table 20.66.050:
Proposed Alternative Suggested
Page 12
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
36 20.66.050 G
Tree management
and vegetation
conservation.
Vegetation
Conservation
standards
Tree
Location
Diameter of
Tree (DBH)
Type of Tree
Removed
Replacement
Tree Ratio
Within
Building
Footprint
All All None Yes*
Outside
Building
Footprint
Less than 10
Inches All None Yes*
10 inches and
greater, but
less than 20
inches
Not listed None Yes*
Listed 100 percent
20 inches and
greater, but
less than 36
inches
Not listed None Yes*
Listed 125 percent
36 inches or
more
Not listed None Yes*
Listed 200 percent
For each tree removed, replacement shall consist of one tree and
a riparian vegetation area equal in square footage to the drip line
of the tree removed. The riparian vegetation areas shall be a
minimum of 3 feet wide in all dimensions. All plant species shall be
native to the Puget Sound Lowlands.
Proposed Alternative Suggested
37 20.66.050
Tree management
and vegetation
conservation.
Alternative
Mitigation
E. If in the creation of a restoration plan it is determined that impacted
shoreline ecological functions cannot be replaced onsite or in the
immediate vicinity, a fee iIn lieu of planting replacement trees may be
approved., For those trees which cannot be mitigated onsite an
applicant may shall 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
Proposed Alternative Suggested
Page 13
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
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.
38 20.66.050
Tree management and
vegetation
conservation.
Environmental Impact
Mitigation
F. Hazardous Trees.
1. For a 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:
a. The tree it must obtain from the City arborist a rating of 11 or 12 on a scale
of 1 to 12 (1 being the least hazardous and 12 being the most hazardous);
and
b2. The City arborist shall be a member of the American Society of Consulting
Arborists or similar professional organization and apply ratings in accordance
with the International Society of Arboriculture method found in “2011 Tree
Risk Assessment (part 9),” in its most recent or adopted form. use the method
for rating hazardous trees prescribed in the Medina Tree Code set forth in
Chapter 12.28 MMC;
2. A tree that the City arborist has determined died from natural causes, but
does not receive a hazard rating of 11 or 12, may be removed without
requiring tree replacement plantings;
3. Where a tree receives a hazard rating of 8, 9, or 10, pruning exceeding
one-third may be authorized without requiring replacement trees provided the
amount of the tree removed will not affect the tree in a permanent adverse
manner.
4. For each tree removed, replacement shall consist of one tree and a riparian
vegetation area equal in square footage to the drip line of the tree removed.
The riparian vegetation areas shall be a minimum of 3 feet wide in all
dimensions. All plant species shall be native to the Puget Sound Lowlands.
5. If a tree meets the criteria of a hazard in a critical area or its buffer, then it
shall be modified to create a “snag” or wildlife tree.
Proposed Alternative Suggested
39 20.66.050
Tree management
and vegetation
conservation.
Environmental
Impact Mitigation
G. Vegetation conservation.
1. Where any of the following activities are proposed within the
shoreline jurisdiction50 feet landward of the ordinary high water line, a
restoration plan consistent with MMC 20.66.050(G)(2) is required:
Proposed Alternative Suggested
Page 14
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
40 20.66.090 E
Nonconforming
development.
Nonconforming
thresholds
3. A nonconforming structure may be enlarged, extended, repaired,
remodeled, or structurally altered provided the work does not increase
the nonconformity; except nonconformity may be increased if:
a. A minor deviation is approved to match an existing nonconforming
setback or nonconforming height following a demonstration that
mitigation sequencing has been applied pursuant to MMC
20.66.020(1-6); or
b. An intrusion into a setback, or additional structural coverage
exceeding the shoreline maximum, is determined by the City to be
reasonably necessary and the minimum necessary to improve access
for elderly or disabled persons.
Proposed Alternative Suggested
41 20.66.090 E
Nonconforming
development.
Nonconforming
thresholds
4. Except as provided for in MMC 20.66.090(E)(6), a nonconforming
structure shall be determined to have its nonconformity abandoned
and all nonconforming rights lost where:
a. Any single-family dwelling, or any detached accessory building
associated with a single-family dwelling, experiences substantial
destruction; or
b. A pier or dock experiences repairs exceeding those listed in MMC
20.65.050070, or if not listed experiences reconstruction; or
c. A structure, not listed in MMC 20.66.090(E)(4)(a) or (b), experiences
either substantial destruction or reconstruction.
Proposed Alternative Suggested
42 20.67.050 A
General
requirements.
No net loss of
shoreline ecological
functions
1. The applicant shall avoid all impacts that result in a net loss of
shoreline ecological functions, or where the results are an
unacceptable level of risk associated with a geologically hazardous
area.
2. The applicant shall avoid all impacts where the results are an
unacceptable level of risk associated with a geologically hazardous
area.
32. Unless otherwise provided for in this chapter:
a. If alteration to fish and wildlife habitat conservation areas, wetlands
and/or their buffers is proposed, impacts resulting from a development
proposal or alteration shall be mitigated in accordance with the
mitigation sequencing set forth in MMC 20.67.050(B) and an approved
critical area report and any applicable SEPA documents; or
b. A development proposal or alteration within a geologically
Acceptable.
Effect of Change: None.
Page 15
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
hazardous area and/or its buffer must comply with a geotechnical
report approved by the city that assesses the risk to health and safety,
and makes recommendations for reducing the risk to acceptable levels
through engineering, design, and/or construction practices.
43 20.67.050 C
General
requirements.
Mitigation
sequencing
1. Pursuant to MMC 20.66.020, applicants must demonstrate that all
reasonable efforts have been examined with the intent to avoid, or if
that is not possible, minimize and then mitigate impacts to shoreline
ecological functions as provided by critical areas.
Proposed Alternative Suggested
44 20.67.070 D
Wetlands
Wetland delineation 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 in accordance with
the approved federal wetland delineation manual and applicable
regional supplements set forth in WAC 173-22-035.
Acceptable.
Effect of Change: None
45 20.67.070 E
Wetlands
Wetland
identification
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(A and B)
and as surveyed in the field.
Acceptable.
Effect of Change: None
46 20.67.080 E
Geologically
hazardous areas
Buffer Standards 4. Recommendations for the minimum no-disturbance buffer and
minimum building setback from any geologic hazard based upon the
geotechnical analysis. The Director may assign buffer and building
setbacks based on this information. For steep slopes, the minimum
buffer widths are specified in MMC 20.67.080(J I).
Acceptable.
Effect of Change: None
47 20.67.090
Fish and Wildlife
Habitat
Conservation Areas
Criteria 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.
Proposed Alternative Suggested
48 20.67.090 A 5
Waters of the State
Fish and Wildlife
Habitat
Conservation Areas
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.
Proposed Alternative Suggested
Page 16
ITEM SMP Provision TOPIC Department of Ecology Required Changes Acceptable/ Proposed Alternative Suggested
49 20.67.090 E
Fish and Wildlife
Habitat
Conservation Areas
Mitigation
sequencing
1. A habitat conservation area may be altered only if consistent with
mitigation sequencing as prescribed in MMC 20.66.020 and 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.
Proposed Alternative Suggested
Page 1
Attachment C: Ecology Recommended Changes
ITEM SMP Submittal
Provision (Cite)
TOPIC Department of Ecology Recommended Changes City Comment
1 2. Natural
Environment
Element (All
references)
Environment
Designations
Environmental Environment Acceptable
Effect of Change: None
2 2.1 B
Environmental
Designations,
SM-P2.4
Transportation
Designation Policy
Structure
a. Noise associated with construction activity and ongoing operations should be mitigated to
the maximum extent practicable.
b. Best management practices and other mitigation for impacts should be implemented during
the construction and post-construction phases of the SR 520 replacement project to ensure no
net loss of ecological function.
c. Where not in conflict with public safety and security of the SR 520 facility, public access
should be made a pPriority should be given to providing public access through any remnant
property resulting from the SR 520 replacement project.
d. Vegetation and habitat should be restored and enhanced upon completion of the SR 520
replacement project using native species.
e. The SR 520 facility, and any associated maintenance facilities occurring within the shoreline
management area, particularly where visible from the water, should be fully screened from
adjoining residential properties to the extent practicable with vegetation and fencing as needed.
Acceptable for (b) and (d)
Not Recommended for (c) because
public safety and security can
become a point of disagreement.
However, alternative language might
be acceptable.
3 20.60.060
Administration
Administration D. Shoreline permits, and shoreline exemptions, shall be processed in accordance with the
requirements set forth in Chapter 20.80 MMC and the approval criteria specified for shoreline
permits found in WAC 173-27.
Not recommended
4 17.12.010 Definitions “Dolphin” means a spar, buoy or piling used for mooring watercraft. Acceptable
5 20.60.213
D” definitions.
Definitions “Dolphin” means a spar, buoy or piling used for mooring watercraft. Acceptable
Effect of Change: See #5
6 20.60.223
N” definitions.
Definitions 20.60.223 “N” definitions.
A. “Native plants” means plants which are native to the Puget Sound lowlands.
B. "Natural or existing topography" means the topography of the lot, parcel, or tract of real
property immediately prior to any site preparation or grading, including excavation or filling.
C B. “Non-water oriented uses” means uses that are not water-dependent, water-related, or
water-enjoyment.
D C. “Nonconforming structure” means a building or structure that does not comply with the
required setbacks, height, structural coverage and other development requirements of the
Acceptable
Effect of Change: Provides more
specificity
Page 2
ITEM SMP Submittal
Provision (Cite)
TOPIC Department of Ecology Recommended Changes City Comment
shoreline master program, but was lawfully constructed prior to the effective date of the Act or
shoreline master program or subsequent amendments thereto and was continually maintained
in accordance with MMC 20.66.090. This term applies whether or not the nonconformity was
permitted by a variance.
E D. “Nonconforming use” means any activity, development, or condition that by the shoreline
master program is not permitted outright or permitted as an accessory use, or is not permitted
by a conditional use permit or other special permitting process; but was lawfully created prior to
the effective date of the Act or shoreline master program or subsequent amendments thereto
and was continually maintained in accordance with MMC 20.66.090. A nonconforming use may
or may not involve buildings or structures and may involve part of, or all of, a building or
property.
7 17.12.010 B
Other Definitions.
Definitions “Site area,” for the purpose of this title, means dry land area which is further defined
as land area lying landward of the ordinary high water mark. exclusive of shorelands, except
those which by recession of water have become dry land. Dry land created by bulkheading
shall not be counted as site area except as specifically permitted by this code.
Not recommended
8 Table 20.62.030
Shoreline Use
Table
Urban
Conservancy
Internal
consistency Shoreline Use
Sh
o
re
lin
e
Re
s
iden
tial
Ur
b
a
n
Co
ns
e
rvan
cy
Aq
u
atic
Tr
a
n
s
p
o
r
tatio
n
Residential Use
Accessory dwelling unit P PX X X
Accessory buildings/ uses located on the same lot as
a single-family dwelling other than specifically listed
in the table
P PX X CU
Adult family home P PX X CU
Detached single-family dwelling P PX X CU
Manufactured home P PX X CU
Not recommended
Page 3
ITEM SMP Submittal
Provision (Cite)
TOPIC Department of Ecology Recommended Changes City Comment
10 20.63.050 B
Development
standards for
divisions of land
and lot line
adjustments.
Development
Standards
2. 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:
i. 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; and
iii. The number of lots having less than the required water frontage is not increased in the final
lot configuration; and
Acceptable.
Effect of Change: None
11 20.65.600
Land surface
modification
Vegetation
Conservation
Standards
D. Where a land surface modification occurs within 50 feet of the ordinary high water line, the
vegetation conservation requirements set forth in MMC 20.66.050 shall apply.
Acceptable
Effect of Change: None
12 20.66.090
Nonconforming
development
Nonconforming
existing lots
C. Nonconforming lots. Lots, tract, parcel, site or division which were created or segregated
pursuant to all applicable laws, ordinances and regulations in effect at the time, but that is
nonconforming as to the present lot size may be developed so long as such development
conforms to other requirements of the shoreline master program.
1. Existing lots are not deemed nonconforming for failure to meet the minimum water frontage
or lot width requirements.
To be determined.
ITEM OB-3
1
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov
June 14, 2013
WA State Department of Ecology
Attn: Director’s Office
P.O. Box 47600
Olympia, WA 98504-6700
Re: Response City of Medina Comprehensive Shoreline Master Program Update –
Conditional Approval, Ordinance No. 886
Dear Director Bellon,
Thank you for the Conditional Approval letter dated May 16, 2013. Pursuant to RCW
90.58.090(2)(e)(ii), the City wishes to submit an alternative proposal to the Department of
Ecology. However, the City will need additional time in preparing the alternative proposal. We
anticipate submitting the alternative proposal within the next 60 to 90 days. Please let us know if
this is a problem.
We look forward to working with the Department of Ecology in concluding the SMP update.
Please direct your correspondence to me. I can be contacted at (425) 233-6416, or via email at
rgrumbach@medina-wa.gov.
Sincerely,
Robert J. Grumbach, AICP
Director of Development Services
City of Medina
cc: Anthony Boscolo, Ecology
ITEM OB-4
MEDINA CITY COUNCIL
2013 AGENDA/ACTION CALENDAR
Meetings scheduled for 6:30 pm, at City hall (unless noticed otherwise).
JANUARY 14, City Council Special Meeting, 6:00 pm
Item Type Topic Presenter Council Action
Executive Session RCW 42.310.110(1)(i)Sand Completed.
JANUARY 14, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Consent Agenda 2013 ARCH Workplan and Budget Hanson Approved. (Vote 7-0)
Consent Agenda 2013 ARCH Trust Fund Resolution Hanson Resolution No. 362 approved. (Vote 7-0)
Consent Agenda
Approval of Evergreen Point Road Sidewalk
Transportation Improvement Board (TIB) Grant Willis Approved. (Vote 7-0)
Other Business Draft 2013 Legislative Agenda Hanson Approved. (Vote 7-0)
Other Business Work Plan Presentation: Planning Commission Grumbach Approved. (Vote 7-0)
Other Business
Non-binding Statement of Interest for Updated Solid
Waste Interlocal Agreement Between King County and
the Cities Hanson Approved. (Vote 7-0)
Other Business 2013 Meeting Schedule Hanson Completed.
Other Business Tax Revenue Source Discussion Boyd Completed.
Other Business Reconsideration of City Manager 2013 Compensation Boyd
Motion approved 5-2 (D. Lee & J. Lee
opposed)
JANUARY 28, City Council Study Session, 6:30 pm
Item Type Topic Presenter Council Action
Discussion Long Range Visioning Completed.
FEBRUARY 11, City Council Special Meeting, 5:45 pm
Item Type Topic Presenter Council Action
Executive Session RCW 42.310.110(1)(i)Sand Completed.
FEBRUARY 11, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation
Recognize Outgoing Park Board Members Kochel,
Michel Mayor Completed.
Reports 2012 Financial Year End Report Adams Completed.
Consent Agenda Consultant Agreement for Roth Hill - Engineering Grumbach Approved (Vote, 7-0).
Consent Agenda Consultant Agreement for Pace Engineers - CMP Grumbach Approved (Vote, 7-0).
Consent Agenda Consultant Agreement for OTAK - Planning Grumbach Approved (Vote, 7-0).
Consent Agenda Consultant Agreement for OTAK - Landscaping Grumbach Approved (Vote, 7-0).
Consent Agenda Police Vehicle Purchase Thomas Approved (Vote, 7-0).
Other Business 2013 Work Plan Presentation: Emergency Committee Thomas Approved (Vote, 7-0).
Other Business Architect Agreement - City Shop Design Willis Tabled to March 11.
Other Business Jet Noise/Part 150 Consultant Agreement Hanson Approved (Vote, 7-0).
Other Business Letter of Intent - King Co Hazard Mitigation Planning Thomas Approved (Vote, 7-0).
ITEM OB-4
MEDINA CITY COUNCIL
2013 AGENDA/ACTION CALENDAR
Meetings scheduled for 6:30 pm, at City hall (unless noticed otherwise).
MARCH 11, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation Recognize Outgoing Planning Commissioner O'Brien Mayor Completed.
Consent Agenda Approval to Surplus Police Vehicle Thomas Approved, 5-0 (D. Lee & Phelps absent)
Consent Agenda Purchase of Equipment for NPDES Implementation Willis Approved, 5-0 (D. Lee & Phelps absent)
Other Business 2013 Work Plan Presentation: Park Board Willis Approved, 5-0 (D. Lee & Phelps absent)
Other Business Architect Agreement - City Shop Design Willis Approved, 5-0 (D. Lee & Phelps absent)
Other Business DOT Funding Package Discussion held.
APRIL 8, City Council Special Meeting, 6:00 pm
Item Type Topic Presenter Council Action
Executive Session RCW 42.310.110(1)(i)Sand Discussion held and continued.
APRIL 8, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Consent Agenda Approval of Arbor Day Proclamation Willis Approved, 6-0 (Dicharry Absent)
Consent Agenda
Confirmation of Appointments to Planning
Commission, Positions 3, 7 Mayor
Reeves and Garone appointed to positions 3
and 7.
Other Business Approval of Picnic Shelter Installation at Medina Park Willis Approved, 6-0 (Dicharry Absent)
Other Business
Authorize Call for Bids for 80th Ave NE Overlay & EPR
Sidewalk Improvement Project Willis Approved, 6-0 (Dicharry Absent)
Other Business Adoption of 2013 Budget Amendment Ordinance Adams Approved, 6-0 (Dicharry Absent)
Executive Session RCW 42.310.110(1)(i)Sand Discussion held.
Executive Session RCW 42.310.110(1)(g)Sand Discussion held.
APRIL 10, City Council Special Meeting, 4:30 pm
Item Type Topic Presenter Council Action
Executive Session RCW 42.310.110(1)(g)Sand Meeting Cancelled.
APRIL 22, City Council Study Session, 6:30 pm
Item Type Topic Presenter Council Action
Discussion Zoning Code Update Grumbach Completed.
Discussion Shoreline Master Program Grumbach Completed.
Discussion Quorums at Advisory Meetings Discussion Grumbach Completed.
MAY 13, City Council Special Meeting, 6:00 pm
Item Type Topic Presenter Council Action
Executive Session RCW 42.310.110(1)(i)Sand Completed.
ITEM OB-4
MEDINA CITY COUNCIL
2013 AGENDA/ACTION CALENDAR
Meetings scheduled for 6:30 pm, at City hall (unless noticed otherwise).
MAY 13, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation King County Solid Waste Service Guest Completed.
Presentation AWC WellCity Award of Achievement Hanson Completed.
Consent Agenda
Proposed Ordinance Regarding Board and Commission
Quorums Grumbach Ordinance 898 Adopted (vote 7-0)
Consent Agenda
Receive PC Recommendation and Set Public Hearing
for Zoning Code Update Grumbach Public Hearing Set 06/10/2013.
Other Business Draft Six-Year CIP/TIP (2014-2019) Introduction Willis Public Hearing Set 06/10/2013.
Other Business
Award Bid for 80th Ave NE Overlay & EPR Sidewalk
Improvement Project Willis Approved.
Other Business Building Code Update Introduction Grumbach Public Hearing Set 06/10/2013.
Other Business Solid Waste Interlocal Agreement Sand Discussion held.
Other Business Jet Noise Consultants Hanson
Motion to Allocate $15,000 to Consultant
Contracts Approved (vote 7-0).
JUNE 10, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation Lifeguard Program Thomas/Crum
Consent Agenda
Proclamation Recognizing Childhood Cancer Week
6/23-6/29)Mayor
Consent Agenda Ordinance Adopting 2012 State Building Codes Grumbach
Consent Agenda ALPR Camera Project Acceptance Willis
Consent Agenda Park Board Appointment Mayor
Public Hearing Draft Six-Year CIP/TIP (2014-2019)Willis
Public Hearing Comprehensive Zoning Code Update Grumbach
Other Business Ordinance Adopting Zoning Code Updates Grumbach
Other Business Authorization to go to Bid for Public Works Shop Willis
Other Business DOE Conditional Approval of Medina's SMP Grumbach
JUNE 24, City Council Study Session, Time TBD
Item Type Topic Presenter Council Action
Discussion Solid waste options Joyce Nichols City of Bellevue
Executive Session RCW 42.310.110(1)(i)Sand
JULY 8, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation Accreditation Award Guest
Consent Agenda Adoption of Six-Year CIP/TIP and Resolution Willis
Public Hearing SMP/DOE Conditional Approval Grumbach
Other Business SMP/DOE Conditional Approval Grumbach
ITEM OB-4
MEDINA CITY COUNCIL
2013 AGENDA/ACTION CALENDAR
Meetings scheduled for 6:30 pm, at City hall (unless noticed otherwise).
JULY 22, City Council Study Session, 6:30 pm
Item Type Topic Presenter Council Action
AUGUST 12, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Public Hearing 2014 Preliminary Budget
SEPTEMBER 9, City Council Regular Meeting 6:30 pm
Item Type Topic Presenter Council Action
Other Business 2014 Preliminary Budget-Draft
SEPTEMBER 23, City Council Study Session, 6:30 pm
Item Type Topic Presenter Council Action
OCTOBER 14, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Public Hearing 2014 Preliminary Budget
Other Business 2014 Preliminary Budget
Other Business 2013/2014 Fee Schedule Update (Draft)
OCTOBER 28, City Council Study Session, 6:30 pm
Item Type Topic Presenter Council Action
NOVEMBER 12 (Tuesday), City Council Special Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Consent Agenda Resolution Adopting Fee Schedule Update
Consent Agenda Resolution Approving 2014 NORCOM Budget Allocation
Public Hearing Utility Tax Ordinance
Other Business Adoption of Utility Tax Ordinance
Public Hearing 2014 Property Tax Levy
Other Business Adoption of 2014 Property Tax Levy and Resolution
Public Hearing 2014 Preliminary Budget
Other Business
Adoption of 2014 Annual Budget, Ordinance and
Salary Schedule
Other Business Adoption of Franchise Fee Ordinance
DECEMBER 9, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action