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02-10-2014 - Agenda Packet
MEDINA CITY COUNCIL MEETING Monday, February 10, 2014 5:30 PM — EXECUTIVE SESSION 6:30 PM — REGULAR MEETING AGENDA Patrick Boyd, Council Member Jay Decker, Council Member David Lee, Council Member Michael Luis, Council Member John Maffei, Council Member Alex Morcos, Council Member Curt Pryde, Council Member MAYOR MICHAEL LUIS DEPUTY MAYOR DAVID LEE COUNCIL MEMBERS PATRICK BOYD JAY DECKER JOHN MAFFEI ALEX MORCOS CURT PRYDE MEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING AGENDA Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina MONDAY, FEBRUARY 10, 2014 6:30 PM AGENDA EXECUTIVE SESSION - CALL TO ORDER / ROLL CALL CITY MANAGER MICHAEL SAUERWEIN CITY ATTORNEY KARI SAND CITY CLERK AIMEE KELLERMAN Council Members Boyd, Decker, Lee, Luis, Maffei, Morcos, and Pryde EXECUTIVE SESSION RCW 42.30.110 (1)(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. ADJOURNMENT Council will adjourn the Executive Session to the Regular meeting in the Council Chambers. REGULAR MEETING - CALL TO •'DROLL CALL Council Members Boyd, Decker, Lee, Luis, Maffei, Morcos, and Pryde. 2. PLEDGE OF The Mayor will lead the Pledge. PRESENTATIONS3. 3.1 King County Council Member, District 6, Jane Hague will address the Council. 3.2 Mike Painter, Washington Association of Sheriffs and Police Chiefs, will present on the Medina Police Chief recruitment. 4. APPROVAL OF D. COMMENT5. PUBLIC Citizens wishing to address the Council for any matter on the Consent Calendar or not on the agenda may do so at this time. For items on the agenda, speakers will be called up to the podium by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less. 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. 6. COUNCIL / BOARDS AND COMMISSIONS REPORTS 6.1 Mayor and Council Member Reports. 6.2 Commissions, Boards, and Advisory Committee Reports. MANAGER'S7. CITY REPORT 7.1 Department Directors: Police, Development Services, Finance, and Public Works. 7.2 City Manager 8. CONSENT AGENDA ITEMS These items will be acted upon as a whole unless called upon by a Council Member. 8.1 Subiect: November 18, 2013 Park Board Meeting Minutes Recommendation: Receive and file. Staff Contact: Aimee Kellerman, City Clerk 8.2 Subiect: January 13, 2014 Special and Regular Meeting Minutes Recommendation: Adopt Minutes. Staff Contact: Aimee Kellerman, City Clerk 8.3 Subiect: Approval of December, 2013 and January, 2014 Check Registers Recommendation: Approve. Staff Contact: Nancy Adams, Finance Director 8.4 Subiect: 2014 Park Board and Work Program Recommendation: Approve. Result of Recommended Action: Acceptance of the 2014 Park Board Work Program will provide approval of the Park Board proposed activities for 2014. Staff Contact: Joe Willis, Public Works Director 8.5 Subiect: 2014 Planning Commission and Work Program Recommendation: Approve. Result of Recommended Action: Approval will provide direction to the Planning Commission on the work tasks to accomplish in 2014. Staff Contact: Robert Grumbach, Development Services Director 8.6 Subiect: Appointment of Deputy Mayor David Lee to Eastside Transportation Partnership (ETP) Recommendation: Approve. Result of Recommended Action: Approval will appoint Deputy Mayor David Lee to represent the City of Medina on the Eastside Transportation Partnership to address transportation needs. Staff Contact: Michael Sauerwein, City Manager 9. PUBLIC HEARING ITEMS 9.1 None 10. OTHER BUSINESS ITEMS 10.1 Subiect: Boardinghouse Discussion Recommendation: Provide direction on how to proceed. Result of Recommended Action: City Council and staff will discuss the ongoing issue of boardinghouses in Medina and how proceed with proposed amendments to the Zoning Code. Staff Contact: Robert Grumbach, Development Services Director 10.2 Subject: Official Response to the Department of Ecology's Conditional Approval of Medina Shoreline Master Program (SMP) Recommendation: Approve. Result of Recommended Action: Approval will authorize staff to send a formal response to the Department of Ecology's conditional approval of Medina's Shoreline Master Program (SMP). If Ecology accepts the proposed changes, an ordinance adopting the final version of the Shoreline Master Program will be prepared for City Council action at a future meeting. Staff Contact: Robert Grumbach, Development Services Director 10.3 Subject: City Council Calendar Recommendation: Discussion item only; no action needed. Result of Recommended Action: Council and staff review upcoming meetings and make necessary adjustments as needed. Staff Contact: Michael Sauerwein, City Manager 11. PUBLIC COMMENT Comment period limited to ten minutes. Speaker comments limited to one minute per person. 12. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS 13. ADJOURNMENT ADDITIONAL INFORMATION Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Medina City Hall. The agenda items are accessible on the City's website at www.medina-wa.gov on Thursdays or Fridays prior to the Regular City Council Meeting. UPCOMING MEETINGS Monday, February 17, 2014 President's' Day Holiday — CITY HALL CLOSED Monday, February 24, 2014 City Council Study Session (6:30 PM) - Public Disclosure Training Monday, March 10, 2014 City Council Regular Meeting 6:30 PM Saturday, March 22, 2014 City Council Retreat Time and Place TBD Monday, March 24, 2014 City Council Study Session (6:30 PM) - Emergency Preparedness & Tour of Evergreen Point Road Sidewalk Improvement Project Monday, April 8, 2014 City Council Regular Meeting 6:30 PM In compliance with the Americans with Disabilities Act, if you need a disability -related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk's Office at (425) 233-6410 at least 48 hours prior to the meeting. CERTIFICATION OF POSTING OF AGENDA I, Aimee Kellerman, City Clerk for the City of Medina, declare that the foregoing agenda for the Monday, February 10, 2014 Special and Regular Meeting of the Medina City Council was posted and available for review on Friday, February 7, 2014 at City Hall of the City of Medina, 501 Evergreen Point Road, Medina, WA 98039. The agenda is also available on the city website at www.medina-wa.gov. Signed Friday, February 7, 2014 at Medina, Washington. Aimee Kellerman, City Clerk AGENDA ITEM 7.2a CITY OF MEDINA Office of the City Manager Date February 10, 2014 To: Honorable Mayor and City Council From: Michael Sauerwein, City Manager Subject: City Manager's Report City Council Retreat — The 2014 City Council Retreat will be held on Saturday, March 22, 2014. John Howell from the Cedar River Group will serve as our facilitator. John has a strong public policy background and has facilitated numerous board retreats and planning sessions. Prior to the retreat, John will be contacting individual City Council Members to discuss your goals and priorities. 2. Quarterly City Newsletter — This is a follow-up to our discussion at the last City Council meeting. As we discussed, City Council Members have expressed an interest in starting a Quarterly Newsletter. The newsletter could be mailed to all residents or emailed to everyone who has signed up for email alerts on the City website. The City Council asked staff to research the cost of printing and mailing the newsletter or including it as an insert in the Bellevue Reporter. See attachment for quotes. Background Information — Number of Households in Medina — 1,061 (2010 Census) Number of Newsletters to be Printed — 1,200 Size of the Newsletter — 2 Sided 11 x17 (Four 8.5x11 Pages) Mailing Newsletters — City Staff contacted three printing companies. The lowest estimate was $1,518.13 per Quarterly Newsletter. This includes printing, folding, addressing, and postage. Insert in the Bellevue Reporter — The Reporter only delivers to 747 Households in Medina. That leaves over 300 Households that would not receive the Newsletter. This could be somewhat problematic. E-Notice Program — Currently 2,604 people have signed up for the City's E-Notice program. While Staff cannot guarantee that this includes every Household in the City, it is our sense that we are fairly close. A limited number of paper copies of the Newsletter could also be printed and made available at City Hall. Please Note: No funds have been budgeted for this project and the estimated cost does not include City Staff time. 3. February 24, 2014 City Council Study Session — At your next Study Session Ramsey Ramerman will be making a presentation on the Washington Public Records Act. Mr. Ramerman literally wrote a book on this subject. He is co-editor of the Washington State Bar Association's Public Records Act Deskbook. AGENDA ITEM 7.2b MEDINA POLICE DEPARTMENT Dan Yourkoski, Acting Chief of Police if Monthly Activity Report City of Medina 2014 Felony Crimes January YTD YTD Year End 2014 2014 2013 2013 Assault, Aggravated 0 0 0 0 Robbery 0 0 0 0 Sexual Assault/Rape 0 0 0 0 Burglary (inc Attempt) 2 2 0 6 Drug Violations 0 0 0 0 Fraud (ID Theft) 2 2 0 18 Vehicle Prowl 0 0 0 1 Theft (over $750) 0 0 0 8 Malicious Mischief 1 1 0 0 Arson 0 0 0 0 Auto Theft (inc Recovery) 0 0 0 2 Poss Stolen Property 0 0 0 2 Other 0 0 0 0 TOTAL 5 5 0 37 Misdeameanor January YTD YTD Year End Crimes 2014 2013 2013 2013 Assault, Simple 0 0 1 3 Malicious Mischief 0 0 0 17 Vehicle Prowl 1 1 1 35 Theft (Under $750) 0 0 1 10 Domestic Violence 0 0 0 1 Minor in Possession 0 0 0 0 Drug Violations 0 0 0 3 Poss Stolen Property 0 0 0 1 ***Other 0 0 1 5 Total 1 1 4 75 ***Order Violation; Telephone Harassment; ; Trespass Page 1 AGENDA ITEM 7.2b MEDINA POLICE DEPARTMENT if Dan Yourkoski, Acting Chief of Police YEARLY ACTIVITY REPORT City of Medina 2014 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Aggravated 0 0 Robbery 0 0 Sexual Assault/Rape 0 0 Burglary (inc Attempt; 2 2 Drug Violations 0 0 Fraud (ID Theft) 2 2 Vehicle Prowl 0 0 Theft (over $750) 0 0 Malicious Mischief 1 1 Arson 0 0 Auto/Boat Theft 0 0 Poss Stolen Property 0 0 Other 0 0 TOTAL 5 0 0 0 0 0 0 0 0 0 0 0 5 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 Malicious Mischief 0 0 Vehicle Prowl 1 1 Theft (Under $750) 0 0 Domestic Violence 0 0 Minor in Possession 0 0 Drug Violations 0 0 Poss Stolen Property 0 0 Other 0 0 Total 1 0 0 0 0 0 0 0 0 0 0 0 1 Page 2 AGENDA ITEM 7.2b MEDINA POLICE DEPARTMENT Dan Yourkoski, Acting Chief of Police MONTHLY SUMMARY JANUARY, 2014 FELONY CRIMES Malicious Mischief 2014-0000085 01/07/14 300 block of 82nd Ave NE Medina resident reported two trees on her property that is currently under construction were cut around the base of each tree without her permission. Fraud 2014-0000120 01/10/14 2400 block of 80th Ave NE Victim received a call from Wal-Mart advising her that an account was made in her name and a charge had been made on the account without her permission. Fraud 2014-0000219 01/17/14 2500 block of 82°d Ave NE Victim reported several checks were forged under his name and bank account to several businesses and had made unauthorized online purchases and forged checks. Burglary 2014-0000254 01/21/14 On 01/21/2014 at approximately 11:46 pm, Medina officer responded to a call of an unwanted subject located at the residence. Medina officer contacted the subject who had trespassed from the property several months prior. The subject entered the residence, and also gained access to a vehicle in the garage. The subject was arrested on location and transported to King County Jail for residential burglary. Burglary 2014-0000380 01/31/14 2600 block Evergreen Point Rd At approximately 1:30 am on 1/30/14 a Medina officer discovered the residence had been burglarized while investigating two vehicle prowls in the area (Case 2014-361). There were no apparent signs of forced entry into the house. Several items were taken from the home, and many items were strewn about the floor. The homeowners were not home at the time. MISDEMEANOR CRIMES Vehicle Prowl (Theft) 2014-0000361 01/30/14 2600 block Evergreen Point Rd Officers responded to a call of suspicious persons in the area and discovered two unlocked vehicles in the driveway were prowled and a neighbor's home had been burglarized (Case #2014-380). AGENDA ITEM 7.2b OTHER Death Investigation 2014-0000280 01/23/14 2000 block of 791" Ave NE Medina officer responded to a victim that passed away of natural causes. The medical examiner responded and transported the victim to a local funeral home. AGENDA ITEM 7.2b TOWN OF HUNTS POINT Dan Yourkoski, Acting Chief of Police MONTHLY SUMMARY JANUARY, 2014 FELONY CRIMES No Felony incidents occurred during the month of January. MISDEMEANOR CRIMES No Misdemeanor incidents occurred during the month of January. Of MF��� 9 CITY OF MEDINA Office of the City Manager February 10, 2014 AGENDA ITEM 7.2c To: Mayor and City Council From: Robert J. Grumbach, AICP, Director of Development Services Via: Michael Sauerwein, City Manager Subject: Monthly Development Services Department Report Planning Commission Meeting Recap: The Planning Commission held a hearing for a Level 2 Tailored Construction Mitigation Plan (File No. CMP-13-021) for a construction project at 3655 Evergreen Point Road. The property owner is proposing to redevelop a residential lot containing geological hazardous areas by building a new home. Commissioner May recused himself from the decision - making due to submitting written comments on the proposal. Additional public testimony was provided during the hearing. After deliberating on the matter, the Planning Commission added several conditions to those recommended by staff and voted to approve the Tailored Construction Mitigation Plan subject to the conditions of approval as amended. Next, the Planning Commission discussed their 2014 work program. After discussion, the Commissioners made small changes and reached a consensus on the work program. They also added to the work program estimated timelines for the various tasks and agreed to extra meetings if necessary to follow the timeline. The work program will be submitted to the Council for their consideration. The Planning Commission followed -up the 2014 work program discussion by discussing the GMA comprehensive plan update and the comprehensive plan amendment on streetscape. Staff briefed the Commissioners on the state requirements for the update and on the City's approach to develop a scope of work on reviewing the comprehensive plan potentially beyond that required by the state. It was suggested by a Commissioner that the City utilize Medina Days in August as a means for involving the public. The Commissioners also reviewed the draft revisions on the streetscape comprehensive plan amendment and voted to accept the revisions. (Note: to avoid confusion, the streetscape comprehensive plan amendment will be incorporated into the broader efforts associated with the GMA comprehensive plan update.) After a brief comment by a Commissioner to the Planning Commission to consider starting over with the tree code update, this item was postponed to the next meeting. AGENDA ITEM 7.2c Hearing Examiner Decisions: The hearing examiner held a hearing on January 29 for a shoreline substantial development permit (File No. PL-13-029). The proposal is to demolish an existing residential dock and construct a new residential dock and boat canopy. The address is 432 Overlake Drive East. A decision is expected by mid - February. Land Use Administrative Decisions: • None. Land Use Decisions Issued For 2014: Type of Decision Variances/ Minor Deviations SEPA Conditional Uses/ Special Uses Substantial Development Permit Lot Line Adjustments Short Subdivisions Site Plan Reviews Wireless Facilities Land Use Applications Received in January: Case Number PL-14-002 PL-14-003 PL-14-004 PL-14-005 Description of Permit Substantial Dev Permit SEPA SEPA Admin SUP 2014 YTD 0 0 0 0 0 0 0 0 Location 3640 Evergreen Pt. Rd 3640 Evergreen Pt. Rd. 2611 Evergreen Pt. Rd. 8925 Groat Point Dr. Building/ ROW Permit Applications Received — Jan 1 to Jan 31: Building Permits: 6 Grading/ Drainage 2 Demolition Permits: 1 Fence: 0 Mechanical: 9 Reroof: 0 Right-of-way Permits 11 wrio �ur, Building Permits Issued in December 2013: See Attached. (See January 2014 Monthly Development Services Report for additional information on 2013 permits.) 2 AGENDA ITEM 7.2c Other Items of Interest: 1. East Sentinel Lighting: Included in the design of the new SR 520 floating bridge is the construction of four sentinels that mark the transition between land and the floating spans. The design of these columns includes upward reflective lighting to create an attractive glow at night. This raised concerns about the lighting effects on nearby residences and the City requested for WSDOT to provide a study in which to analyze these effects. An early draft has been completed and the impacts appear to be minimal. However, once the final study is completed, additional discussion will be necessary. 2. WSDOT Maintenance Facility: The City issued building permits for the maintenance facility in January and construction has begun. The maintenance facility supports the SR 520 bridge and must comply with the conditions set forth in the shoreline conditional use permit issued 3. Viewpoint trail. Per earlier input from the council, WSDOT has refined the design of the viewpoint trail to allow for more seating. This topic was also discussed to the January 5 tour of the SR 520 project. They have drafted four design alternative configurations involving concrete seating walls shaped as an oval, a triangle, a square or a leaf. Copies of the design alternatives were provided in the council in -boxes. 3 Permit Report December, 2013 2013 2012 Current Current 2013 2012 Month Month YTD YTD Difference Construction Value New Construction 4,819,395 414,575 62,542,615 34,579,659 $27,962,956 Permit Renewals 21,500,000 0 31,538,131 73,700 $31,464,431 Addition / Alteration 764,518 100,000 6,741,536 27,193,401 ($20,451,865) Accessory Structure 10,000 0 1,680,477 1,816,033 ($135,556) Repair/ Replace 0 150,000 282,110 253,250 $28,860 Fence/Wall 0 0 451,500 512,438 ($60,938) Wireless Comm Facility 01 0 170,000 13,9251 $156,075 TOTAL VALUE 27,093,913 664,575 103,406,369 64,442,406 38,963,963 Permits Issued New Construction 1 (Com) 1 23 14 9 Permit Renewals 2 0 22 5 17 Addition / Alteration 1 1 29 30 (1) Accessory Structure 1 0 17 12 5 Fence/Wall 0 0 12 8 4 Demolition 0 1 21 18 3 Grading/Drainage 1 0 33 22 11 Tree Mitigation 0 0 35 20 15 Mechanical 5 3 116 64 52 Other - Moving 0 0 1 0 1 Reroof 0 0 10 6 4 Repair / Replace 0 1 8 4 4 Right -of -Way Use 2 6 64 64 0 Construction Mitigation 0 1 34 25 9 Wireless Comm Facility 0 0 4 1 3 TOTAL PERMITS 13 14 429 293 136 Inspections Building 77 40 868 445 423 Construction Mitigation 5 2 53 54 (1) Grading/Drainage 23 14 255 156 99 Tree Mitigation 14 5 165 135 30 Right -of -Way 9 6 112 175 (63) TOTAL INSPECTIONS 128 67 1,453 965 488 AGENDA ITEM 7.2d CITY OF MEDINA 501 EVERGREEN POINT ROAD I PO BOX 144 1 MEDINA WA 98039-0144 TELEPHONE 425-233-6400 1 www.medina-wa.gov February 10, 2014 To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Aimee Kellerman, City Clerk Subject: Central Services Department Monthly Report FEBRUARY AND MARCH PUBLIC MEETINGS AND EVENTS Event Date Time Location President's Day Holiday— City Hall Closed February 17 Park Board Meeting February 18 5:00 pm Medina City Hall Hearing Examiner Meeting —TENTATIVE February 19 5:30 pm Medina City Hall City Council Study Session February 24 6:30 pm Medina City Hall Planning Commission Meeting February 25 6:00 pm Medina City Hall City Council Regular Meeting March 10 6:30 pm Medina City Hall Park Board Meeting March 17 5:00 pm Medina City Hall Planning Commission Meeting March 25 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: Please consider servine vour communitv and encouraee vour friends and neiehbors to aDoly too! Board/Commission Position (Full or Partial Term) Term Period Medina Civil Service Commission Position 2 Available Now & Expires 06/30/2015 Medina Park Board Position 3 Available Now & Expires 06/30/2015 Medina Park Board Position 7 Available Now & Expires 06/30/2017 Medina Planning Commission Position 2 Available Now & Expires 06/30/2015 COMMUNICATION TO OUR COMMUNITY E-Notice Program: During the month of January, the City issued 22 bulletins amounting to a total of 11,963 bulletins delivered to subscribers; approximately 24.3% were opened. A summary is attached. As of January 31, the City had 2,596 subscribers (change in total subscribers +29), with a combined total of 18,610 subscriptions (change in total subscriptions -76). Website Hits: The attached report identifies popular hits on the City's website pages during the month of January. AGENDA ITEM 7.2d RECORDS REQUESTS As of January 31, 9 public records requests have been received by central services. There is one request from 2012 that is ongoing and regular installments are being furnished. I anticipate that this will be completed in early March. PASSPORTS During the month of January, 23 passport applications were processed at City Hall. The City accepts applications by appointment only between 9 am and 3:30 pm daily. 1 GET CONNECTED! STAY INFORMED! SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT, DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.Rov and click on E-Notice Program. 01 /01 /2014 - 01 /31 /2014 Comparisons: January, 2014 Bulletins Developed 22 Total Recipients 12,228 Total Delivered 11,963 Unique Email Opens 2,221 Unique Email Open Rate 24.30% Wireless Recipients 2,320 December, 2013 11 7,057 6,942 1,278 23.60% 1,243 November, 2013 26 11,322 11,149 2,040 23.30% 1,821 October, 2013 29 15,779 15,504 2,776 22.60% 2,558 September, 2013 22 11,671 11,143 1,916 22.10% 2,051 August, 2013 17 8,563 8,212 1,620 23.30% 934 July, 2013 32 13,584 13,110 2,435 22.20% 1,554 June, 2013 37 11,705 11,452 1,925 20.40% 1,380 May, 2013 34 15,114 14,806 2,729 22.00% 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 19.00% 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 Email Open Date Sent Top 10 Most Read Bulletins During January Emails Opened Rate 01/07/2014 04:02 PM PST Eastbound Fier Ramp Closed on January 9 300 24% 01/09/2014 05:22 PM PST January 13, 2014 City Council Agenda Packet 206 29% PST Bellevue School District's Levy and Bond Measure 501 28% 01/15/2014 04:26 PM Notice of Public Hearing - Proposed Area -wide Zoning Map PST Amendments 125 24% 01/21/2014 12:58 PM PST SR-520 Bridge Project - Closures Jan 21, 24-27 394 27% 01/24/2014 09:35 AM PST Volunteers Needed in Medina! 279 22% 01/24/2014 10:13 AM PST Updated: Volunteers Needed in Medina! 347 25% 01/24/2014 11:50 AM PST REMINDER: SR-520 Bridge Project - Closures this Weekend! 269 22% 01/29/2014 12:03 PM PST City of Medina Employment Opportunity 108 24% 01/29/2014 12:10 PM PST Nightime Utility Installation Work - 84th Ave NE, Medina 270 22% website stats 01/01/2014 - 01/31/2014 Top 20 Page Views by T�p 20 Unique IPs by Section S ction Page Percent of Percent of Section Views Total Section Unique IPs Total IPs Default Home Page 4,686 37.14 Default Home Page 1,770 30.22 Events 715 5.67 Police 330 5.63 Police 522 4.14 Employment 262 4.47 Employment 442 3.5 FAQs 214 3.65 Development Services 362 2.87 Development Services 176 3 FAQs 328 2.6 History 170 2.9 Search Results 328 2.6 City Council 147 2.51 Parks 258 2.05 Search Results 134 2.29 City Council 249 1.97 Events 131 2.24 History 232 1.84 Employment 120 2.05 Services Directory 201 1.59 Parks 119 2.03 Employment 196 1.55 City Departments 119 2.03 Park Board 187 1.48 Services Directory 113 1.93 Documents 181 1.43 Documents 95 1.62 City Departments 180 1.43 City Manager's Office 94 1.6 Helpful Links 154 1.22 Helpful Links 92 1.57 City Manager's Office 144 1.14 Park Board 86 1.47 Shoreline Master Program 128 1.01 Event Calendar 74 1.26 Council Meetings 114 0.09 City Clerk's Office 66 1.13 Event Calendar 111 0.08 Council Meetings 63 1.08 Total Page Views During Total Unique Views During Period 9,718 Period 4,375 AGENDA ITEM 7.2e CITY OF MEDINA 501 EVERGREEN POINT ROAD I PO BOX 144 1 MEDINA WA 98039-0144 TELEPHONE 425-233-6400 1 www.medina-wa.gov February 10, 2014 To: Mayor and City Council Via: Michael Sauerwein, City Manager From: Joe Willis Sr., Director of Public Works Subject: January 2014 Public Works Report 1. David Clark Architects and the Director of Public Works have been monitoring the Public Works Shop Addition construction by Rob McConkey Construction. Work that began on January 6th has progressed from removal of the old asphalt parking lot area to prepare for the building apparatus bay foundation construction to completion of the rock supporting layer, foundation footings, and walls. The building concrete slab will be poured on February 41n Public Works Building Addition Excavation AGENDA ITEM 7.2e 3. The new Points Loop Trail pedestrian bridge on NE 281h Street under construction by the SR 520 Contractor (ECC) is nearing completion. The water, sewer, and power utilities have been relocated to the bridge and next steps include the final bridge railing installation. New Points Loop Trail Pedestrian Bridge & Utilities at NE 28th AGENDA ITEM 8.1 CITY OF MEDINA Park Board Meeting Minutes Monday, November 18, 2013 Medina City Hall I Council Chambers CALL TO ORDER Chair Adam called the November 18, 2013, Medina Park Board meeting to order at 5:00 pm. ROLL CALL Present: Drew Blazey, Gabriele Dickmann, Susan Flagg, Susan Loren -Taylor, and Chair Miles Adam Absent: None Staff Present: Joe Willis, Director of Public Works; and Aimee Kellerman, City Clerk ANNOUNCEMENTS (5:02 p.m.) Chair Adam asked that all Park Board members verify that they are signed up for the City's eGovDelivery notifications. Chair Adam introduced Aimee Kellerman to the Park Board as the new City Clerk for the City of Medina. APPROVAL OF MINUTES MOTION FLAGG AND SECOND LOREN-TAYLOR TO APPROVE THE OCTOBER 21, 2013 PARK BOARD MEETING MINUTES AND MOTION CARRIED 5-0 AT 5:05 PM. PUBLIC COMMENT (5:05 p.m.) No public was in attendance. NEW BUSINESS (5:06 p.m.) Public Works Shop Project Status (5:06 pm) Public Works Director Joe Willis updated the Park Board on the Public Works shop addition and announced that the award for the shop was approved on November 12. Medina Park Picnic Shelter (5:07 pm) Willis announced that the Certificate of Occupancy was issued for the Medina Park picnic shelter. Windsong will be moved to the center of the structure in the future. The Board asked Willis to provide a report or summary to Council at the next meeting about Windsong and the movement of it to the new shelter, as well as, other avenues of communication to residents such as GovDelivery. Park Board Minutes Page 1 November 18, 2013 AGENDA ITEM 8.1 2014 Budget (5:10 pm) Willis announced that the 2014 Operating Budget was approved with the twenty-four thousand for special projects at the November 12, 2013 City Council meeting and Chair Adam noted that the memo provided by Willis dated September 18 is the approved project list and will be used as the talking points for 2014. Willis provided an update on the lid on Evergreen Point Road. Beginning November 21, pedestrian traffic will be moved to the west side of the road where the sidewalk is done. 2014 Draft Park Board Meeting Calendar (5:15 pm) Chair Adam noted a correction on the draft 2014 calendar presented to the board that the Park Board will hold a regular meeting on Monday, March 17. The Park Board also added the Easter Egg Hunt to the calendar on Saturday, April 19, 2014 and Park Beautification Day on Saturday, August 2, 2014. Motion by Loren -Taylor second by Blazey; the Park Board approved the 2014 Park Board calendar as amended. OTHER BUSINESS (5:24 pm) None. PARK REPORTS (5:24 pm) Blazey reported large roots coming out of the ground between 120' and 14t' on Indian Trail. Adam reported that picnic table at ViewPoint Park needs to be replaced. Flagged reported that Lake Lane is overrun with goose droppings Loren -Taylor reported that she was happy to see the water is still on at Medina Park. ADJOURNMENT The November 18, 2013, meeting of the Medina Park Board adjourned at 5:32 pm. Minutes taken by: Oas� 'A dk mtam Aimee Kellerman, City Clerk Meeting Minutes Page 2 November 18, 2013 AGENDA ITEM 8.2 MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina Monday, January 13, 2014 CALL TO ORDER City Clerk Aimee Kellerman called the January 13, 2014, Special Meeting of the Medina City Council to order at 5:36 pm. ROLL CALL Council Members Present: Boyd, Decker, Lee, Luis, Maffei, Morcos, and Pryde Council Members Absent: None City Staff Present: Sauerwein, Sand, Grumbach and Kellerman EXECUTIVE SESSION Mayor recessed into Executive Session at 5:36 pm for an estimated time of one -hour pursuant to RCW 42.30.110 (1)(i) to discuss 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 ca acity is, or is likely to become, a party, when public knowledge regarding the discussion �-s likely to result in an adverse legal or financial consequence to the agency. Executive Session adjourned to the regularlmeeting at 6:27 pm. CALL TO ORDER City Clerk Aimee Kellerman called the January 13, 2014 Regular Meeting of the Medina City Council to order at 6:30 pm, and led members of the audience, council members, and staff in the Pledge of Allegiance. ROLL CALL Council Members Present: Boyd, Decker, Lee, Luis, Maffei, Morcos, and Pryde Council Members Absent: None City Staff Present: Sauerwein, Sand, Grumbach, Adams, Willis, Yourkoski, McKenna and Kellerman AGENDA ITEM 8.2 PRESENTATION The City Clerk administered the election of Mayor for a two-year term. Motion by Boyd second by Decker; Council unanimously elected Council Member Michael Luis to Mayor for a two-year term. Mayor Luis administered the election of Deputy Mayor for a two-year term. Motion by Morcos second by Decker; Council unanimously elected Council Member David Lee to Deputy Mayor for a two-year term. APPROVAL OF MEETING AGENDA Motion by Lee second by Boyd; Council approved the meeting agenda as presented. PUBLIC COMMENT Mayor Luis read guidelines for the public comment period and opened the floor at 6:35 pm. The following individual addressed the Council. - Toby Bryant regarding Bellevue Quality Schools and asked for Council Endorsements on two Levies and one Bond Mayor Luis closed the public comment period at 6:39 p.m. REPORTS AND ANNOUNCEMENTS Motion by Boyd second by Maffei; Council added Agenda Item OB-4 to Endorse Bellevue Quality Schools. City Manager's Report Acting Police Chief Yourkoski reported that crime rate was low in Medina for the month of December. The Police Department was active in conducting investigations and served a search warrant on a vehicle that was involved in vehicle prowls and recovered 15 purses that were taken throughout King County. Yourkoski also reported that there were at least four cases this year that police was able to utilize the camera system to either identify suspects or assist in investigations that, without the cameras they would not have been able to solve. Development Services Director Robert Grumbach reported on the Evergreen Point Road Sidewalk softening project and that staff will be meeting with property owners individually to get their input on the project. Grumbach indicated that 2013 was a record setting year for permit valuation. Staff is in communications with Sprint / Clearwire about collecting rent for use of our flagpoles as a wireless communications facility. Staff will come back to Council to discuss leasing the space out to them. City Council Minutes Page 2 January 13, 2014 AGENDA ITEM 8.2 Public Works Director Joe Willis reported on the Public Works 2013 accomplishments. The camera system project is now complete and the City now has Automatic License Plate Recognition (ALPR) cameras at each entrance to the City. The 80t" Avenue Street overlay project is complete as well as the Evergreen Point Road sidewalk project. Willis also reported that the Park Board was very active in 2013 and a list of projects as well as the budget was approved for 2014. Public Works Shop project is now underway and a picnic shelter installed at Medina Park. Public Works completed Gateway signs at three of the City's entrances. Willis updated Council on the signs North of 28th, which have already been ordered and Willis is working with the designer on the bollard placement. Puget Sound Energy (PSE) is going to install a streetlight at the end of the cul-de-sac, however, no date has been confirmed for installation. Finance Director Nancy Adams reported on the Financial Report for 2013. Auditors are currently at City Hall and they had arrived onsite December 9 for two weeks and will be back in January for two weeks. She invited Council to attend the Exit Interview on January 31, 2014 and there were no findings. City Manager Michael Sauerwein reported on the Police Chief recruitment, proposed timeline, and the estimated cost of recruitment. Sauerwein also reported on starting a quarterly newsletter to enhance communication with our citizens. Staff will research cost for printing and mailing and will report back to Council with the estimated costs as well as a draft of what the new quarterly newsletter would look like. Sauerwein proposed a Council Retreat at e�her a scheduled Study Session or a Saturday in March. There was consensus amongst ouncil that Saturday would be best. Staff will work on proposing two Saturday dates in March. Sauerwein reported that when City Hall w s remodeled, heating was not included in the main floor restrooms due to cost restraints.in early January, heaters were installed in both the men and women's restrooms. City Clerk Aimee Kellerman reported on a newly redesigned agenda for City Council meetings to enhance communication with the public. The new agenda template will be used beginning with the February 10 City Council meeting. CONSENT AGENDA MOTION BOYD AND SECOND DECKER TO APPROVE CONSENT AGENDA AS PRESENTED AND MOTION CARRIED 7-0 AT 7:20 PM. - Approval of December 9, 2013 City Council Special and Regular Meeting Minutes - Approval of December, 2013 Check Register - Approval of Evergreen Point Road Sidewalk Improvement and 80th Avenue Overlay City Council Minutes Page 3 January 13, 2014 AGENDA ITEM 8.2 OTHER BUSINESS Presentation, WSDOT on the SR-520 Projects (7:20 pm) Tom Horkan, SR-520 Program Construction Manager and Dave Becher, SR-520 Floating Bridge and Landings Project, Project Director reported on the SR-520 Projects. The construction update included the timeline to complete the Eastside transit and HOV project in late summer 2014. Other updates included the lid projects on both 84th Ave NE and 92"d Ave NE, 1-5 to Medina bridge replacement and HOV project, Floating Bridge and Landings Milestones, and Eastside Pedestrian Overlook conceptual design. Appointment of Committees (8:07 pm) Council discussed the need for three local committees: Facilities, Personnel, and Finance. No appointments were made. The City Manager directed City Clerk Aimee Kellerman to gather meeting dates and time information for the Regional Committees: Eastside Transportation Partnership, Sound Cities, and Puget Sound Regional Council. City Council Agenda Calendar and 2014 Study Session Schedule (8:11 pm) There were no new agenda items added to the calendar. Bellevue Quality Schools Levies and Bond �8:13 pm) Motion by Boyd to endorse the two Bellevue School Levies and Bond and recommended that citizens vote favorably for them. This was seconded by Maffei and carried by a 7:0 vote. Mayor Luis opened public comment period for this item at 8:15 pm. No comments were presented and the Mayor subsequently closed it. PUBLIC COMMENT Mayor Luis opened public comment period at 8:17 pm. The following individual addressed the Council: • Kay Koelemay regarding 271 and not being able to transfer through Bellevue to Seattle due to construction and how we can get communication out to the public and possible solutions. ADJOURNMENT COUNCIL ADJOURNED THE JANUARY 13, 2014 REGULAR MEETING TO THE STUDY SESSION AT 8:21 PM. The January 13, 2014 Regular Meeting of the Medina City Council adjourned at 8:21 pm. City Council Minutes Page 4 January 13, 2014 AGENDA ITEM 8.2 Council Members Present: Boyd, Decker, Lee, Luis, Maffei, Morcos, and Pryde Council Members Absent: None City Staff Present: Sauerwein, Grumbach, Adams and Kellerman Discussion: Shoreline Master Program Update Development Services Director Robert Grumbach reported on the efforts by staff and the shoreline advisory committee to respond to Ecology's conditional approval of Medina's shoreline master program. He provided Council with a memo and a document containing an itemized list of draft alternatives that are being informally worked through with Ecology. He walked the Council through the highlights in the document and changes being proposed. He briefed them that there appears to be a general agreement on the proposed changes and staff will come back at the February meeting with a formal recommendation to submit to Ecology and then a follow-up action in March with an ordinance. ADJOURNMENT MOTION BOYD SECOND PRYDE COUNCIL ADJOURNED THE JANUARY 13, 2014 STUDY SESSION AT 8:54 PM. The Medina City Council will hold its next Regular Meeting on Monday, February 10, 2014, at 6:30 pm, in the Council Chambers at Medina City Hall, 501 Evergreen Point Road, Medina. Michael Luis, Mayor Attest: Aimee Kellerman, City Clerk City Council Minutes Page 5 January 13, 2014 `1 of M - AGENDA ITEM 8.3a 9 CITY OF MEDINA February 10, 2014 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: December Year End 2013 Financial Report The December Year End 2013 Report includes: • December 2013 FINAL AP Check Register (Open Period) Activity Detail • December YTD 2013 FINAL Revenue & Expense Summary December 2013 had the following activity during the year end (open) period: • Revenue: 2013 Advanced Deposit Revenue of $14K was moved from the Advance Deposit balance into earned revenue for December 2013. • Expense: 2 Accounts Payable check runs were processed into the 2013 open period, totaling $122K. The open period complies with the State RCW and provides for 2013 work and services to be processed into the 2013 financial period. Final 2013 Results for Revenue: • Property Tax ended the year at $2.469M vs budget of $2.482M. • Sales Tax Revenue ended the year at $967K vs budget of $900K. • Utility Tax Revenue ended the year at $319K vs budget of $318K. • Franchise Fee Revenue ended the year at $121 K vs budget of $133K. • Planning and Development Revenue ended the year at $1.276M vs budget of $755K. • Intergovernmental Revenue ended the year at $382K vs budget of $358K, primarily due to timing of Hunts Point payments for police services. • Capital Real Estate Excise Tax (REET) Revenue ended the year at $792K vs a budget of $620K. Final 2013 Results for Expense: • Legal fees ended the year at $263K vs budget of $160K. Special Counsel legal fees account for $112K of the overage. • Executive Expenses ended the year at $259K vs budget of $245K due to recruitment fees. • Police Expenses ended the year at $1.708M vs budget of $2.028M due to staff vacancies. • Capital Expenditures ended the year at $456K vs budget of $1.128M. This is primarily due to Public Works Shop delay of expenditures of $388K. Capital projects of: Overlake Dr. E. and Medina Park were moved into 2014, and the Medina Heights project was moved into 2015. A Budget Amendment will be needed in 2014 to budget for the carryover for the Public Works Shop. Audit Update: The Washington State audit of audit period 2012 occurred from December 9, 2013-January 3, 2014. The auditors held an exit conference at the City on January 31, 2014. The City received a clean audit, with no audit findings for the 6`h year in a row. In attendance at the Exit Conference were: Council Member Boyd and Council Member Morcos as well as the City Manager and Director of Finance. The Audit team provided internal control recommendations to Management and Council which will be included in the 2012 Financial and 2012 Accountability Audit Reports. E Q EZ C U) LL d ' (D C O y O. 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N r•'f a u+ v cp c vi In .+ m m O o N N m m a V 00 0 ✓1 of 1� n w N m m 0 w m N 0 Y1 m N N V m T �rf n n e N ui.Ni .Ni n v1Oi o .N+ m ao m 0 .10+ ro~ n e n C a n n �0 ✓1 m m 0 N N l0 m m N N N ti N N N N aN N w a0 N N N l0 r j0 N N N Vl N ill N N w m m m m m m m m m m m m m m m D o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y \ m m m - - - - - - - - - - - - - m m m m L .N-� .Ni .Ni ti N ti ti ti N .Ni .N-1 .Ni .N-1 .Ni .Ni c 0 N W.6 o E `gcc F Y E c N 0 a y u c c o Z `° a °° 3 Q C LL u U1 a `v > c o V v 2 c c w m oo w v 0 0 0 �° m Yn vi vri vri in vri in in �n in in in O m o L a' � = a` � 3 3 3 3 3 3 3 3 3 3 3 3 ❑ �n a 0 o O 0 O 0 0 0 0 0 0 0 0 0 0 o w m 0 O q 0 0 0 0 0 0 0 0 o g o q q q co n e o v n of co m e �n 0 o m N of �o a K, a e o T m T m q 9 9 g o 0 in O O O O M m lid m m O� 0 m- N w I w w w w N N O O O N m M w w m m V N � N � tp tp lD lD l0 1p 1p t0 t0 tD l0 m m w w N d Yl ✓1 N M Vl VI ill M M Yl Yl � ✓1 � Yl Vl N N Vl E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g 0 O O O O O O O O O O O O O O O O O O O 0 Z o o q q q 0 0 0 g o 0 0 0 0 0 0 o q q q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o q 0 O o 0 0 0 o g q o 0 0 0 o q q q �0 0 0 0 0 mImmmI mImIimm M ~O ~O O 0 0 0�o �o �o w �o u c 0 _ w A L O 41 2 L W il W N L N Y i O` F r u co 4- S� L c 0 0 0 0 0 0 0 0 0 0 0 0 0 ri c o. c o O m w m E w A~ j V N N W L v `I W N W L N N d d W € V ❑ ❑ p V V1 N VI VI N N N VI VI N N U1 L y y c= a a a a a a a a a a a a a a a v E m m m m m 000s00000000 N N N N N N N N N N LL e e a a e v a v o o a a d d d d d d d d e a Z O 4 3 r r r r r r r r r r r ti v o m o 0 0 a a a a a a a a a a a a a 0o o 1 of MFp�y AGENDA ITEM 8.3b 9 CITY OF MEDINA February 6, 2014 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: January 2014 Financial Reporting The January 2014 Reporting includes: • January 2014 AP Check Register Activity Detail • January YTD 2014 Revenue & Expense Summary Key Items for January YTD include: GENERALFUND Revenue: • Property Tax is at $9K as of January. Property Tax is not deposited into our account until April/May timeframe. • Sales Tax Revenues are at $88K as of January, which is slightly higher than budget. Annualized, the trend would give us $1.056M in Sales Tax for the year vs annual budget of $920K. • Intergovernmental Revenue includes the Hunts Point Police Contract which is invoiced quarterly. • Planning and Development Revenue is at $19K as of January, which is slightly low. • Facility Lease Revenue for the entire year is usually received in April. Expense: • Executive settlement was paid in January per settlement agreement $79K. • Finance pays 2014 annual WCIA Insurance Liability premium in January $129K. • Police: Reminder that the Police Chief salary is budgeted for the period of April — December 2014 CAPITAL FUND Revenue: • Real Estate Excise Taxes are $52K as of January, which is slightly low. Annualized the trend would give us $624K in REET vs an annual budget of $744K. Expense: • Capital expenditures are $0 for the month of January. 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To fulfill that mission, the Board during their January 21S` board meeting proposed a number of issues and events for Council consideration: ➢ Conduct annual Easter egg hunt (April 19th). ➢ Coordinate annual Arbor Day celebration (April 9th). ➢ Coordinate City flag displays for Memorial Day, July 4th, and Veterans Day. ➢ Conduct annual Medina Park beautification Day (August 2nd) ➢ Conduct ribbon cutting ceremony for the new Medina Park picnic shelter following the relocation of the Windsong sculpture to the shelter to protect it from the weather. ➢ Conduct ribbon cutting ceremony for the new Evergreen Point Lid Park upon completion in the fall of 2014. ➢ Prepare a strategy for the future use and repair/replacement of the existing Par Course facilities in Medina Park for consideration by the Director of Public Works and the City Council. ➢ Conduct a field trip to review all of the City parks and open spaces to define and prioritize proposed future needs and improvements. ➢ Prepare a list of suggested improvements and park maintenance projects for consideration by the Director of Public Works and the City Council. ➢ Participate in the development of the 2015 budget by providing proposals for consideration by the Director of Public Works and the City Council. Budget/Fiscal Impact: TBD Staff Recommendation. Approve the Plan - ... City_M.anager Approval , Proposed Council Motion: I move to approve the Park Board 2014 Annual Work Plan. _ ___ . Medina City Council Regular Meeting AGENDA ITEM 8.5 Monday, February 10, 2014 AGENDA BILL Subject: 2014 PLANNING COMMISSION WORK PROGRAM Category: ® Consent g ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other — Discussion Prepared By: Robert Grumbach, Development Services Director Summary: Pursuant to MMC 2.44.030, the Planning Commission acts in an advisory capacity to the City Council on planning related matters referred to them by the City Council. The annual work program establishes the City Council's direction on those matters they wish for the Planning Commission to advise the City Council on in the form of a recommendation. The Planning Commission reviewed its work program at its January 2014 meeting and offers the following: In 2013, the Planning Commission accomplished the following tasks: • Completed Zoning Code text update • Made substantial progress on Official Zoning Map Update • Made substantial progress on preparing Comprehensive Plan Streetscape Amendment • Started Phase One Update of the Tree Code • Decided Four Level 2/ Revision Construction Mitigation Plans • Decided Two Site Plan Reviews For 2014, the Planning Commission proposes the following changes to the work program: • Removed Zoning Code Update and added Official Zoning Map Update to Topic 1 to reflect current status • Added Boardinghouse Zoning Amendment to Topic 4 • Moved 2013 Topic 6 Construction Mitigation Plan up to Topic 5 • Moved remaining 2013 Topics 4 & 5, and 7 through 9 down to Topic 6 through 10 Attachments: 1. Proposed 2014 Planning Commission Work Program 2. 2013 Approved Planning Commission Work Program Budaet/Fiscal Im None Staff Recommendation: Recommend approval City Manager Approval: otion �toap�rovehe 2014 Planning Commission Work Proposed Council Motion: Program. E W W L ca L- ca I `-� c -p L U m I Q L Q N t ca I a) yL.. =; ca I O _ N a) U N CU 4- — ca o U c cu O � U 0 O Q E U N N C) -2 C N c:)ca L N a) N Esc O (6 to M M c a) ca " •O -Q a) I � o E c� O .c E O �.. a) ots 0 L > U .Q C a) C N ice,+ O c- N N LL N - a) lL 3 E O ._• m UO L O c- a) L C C 0 ca M Q N Q- �, 'O ` f6 4- �mCca) c� a'C O � c ca c a) 0) cn c a) �. ca c arn>o3� o p a c ca � CD Z-0a) ++ a) O n a�c`��° cL a, W a) U O>D�F- O "O a) N O c o�E U '0 ' j( S L cn N Q• c a) c L �' - tm +•' � Co U O.�=t�a)a)� a o EL °oEca 3 a) U n L� co CL � Q- @EO co a) c O E =_co a) N O p E 0 0 0 U c4 'O U E O cap E-0 co 0. 0 � O 1P a) U •v N W 0 C .a : x x -0 L •O > O ca Q Q O� L L) E� 4? 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The property owner, who lives onsite, has over the years been known to rent rooms in her home to multiple tenants. The City Council discussed the topic of boardinghouses at the October 28, 2013, study session. Additional discussion took place at the December 9, 2013, regular meeting. The Council requested draft amendments and analysis be prepared for discussion at the February, 2014 meeting focused on the City of Bellevue's recent efforts to amend their municipal code regarding boardinghouses and the renting of rooms in single-family dwellings near Bellevue College. Note: Pursuant to MMC 20.81.040, amendments to the Unified Development Code require the Planning Commission to review the amendment and make a written recommendation to the City Council. At least one public hearing must be held either before the Planning Commission or the City Council. Note 2: The proposed land use amendments still require additional vetting with legal. Attachments: 1. Memo on Boardinghouses - Potential Land Use Amendments 2. October 28 Boardinghouse Memo 3. December 9 Boardinghouse Memo Budget/Fiscal Impact Enforcement costs to be determined Staff Recommendation Noe seeking direction City Manager Approval - Proposed Council Motion: Not reauired CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina wa.aov MEMORANDUM To: Medina City Council From: Robert J. Grumbach, AICP Date: February 10, 2014 Subject: Boardinghouses — Potential Land Use Code Amendments BACKGROUND: Residents in the 2400 block area of 79th Avenue N.E. have contacted the City and raised concerns about property owners renting their single-family homes out to multiple tenants. The concern is that these properties are being operated as a boardinghouse business rather than a single-family residential that is Medina's character. Concerns about property owners renting multiple rooms in their home are not new. The City of Bellevue recently went through the problem of single-family homes having rooms rented by the owners to college students living near Bellevue College. Bellevue identified in their code a boardinghouse use and adopted restrictions on where this use was allowed. However, Bellevue's definition stated these as short-term transient lodging of less than 30 days, which did not match the problem of multiple students renting rooms from property owners for the academic year that is nine months to a year. The short-term transient nature in Bellevue's code is how boardinghouses historically have been defined, although the renting of boardinghouse rooms for extended periods was not uncommon as well. Residents in the 2400 block of 79th Avenue N.E. previously raised this concern about boardinghouses with the City Council in 2004. However, rather than focusing on the term "boardinghouse", which does not necessarily fit Medina's situation, the City explored the question of whether the practice of a property owner renting rooms in their home to multiple tenants could be banned as not being a single-family dwelling. It was concluded at the time that it might be done and would require an amendment to the municipal code. However, the amendment would not prevent the specific situation being reported by the neighbors to continue. Amending the code to limit the renting of rooms is complicated because the City cannot adopt regulations that would result in prohibiting uses such as group homes or adult family homes that are required by law to be treated the same as a single-family dwelling. Other factors complicating the matter include a property owners right to rent their property, the presence of large residential estates in Medina that employ onsite staffs, and legal questions surrounding what constitutes a "family" (the term "family" is important because these are single-family dwellings). On the renting of property, property owners have a right of disposition, which means the owner can lease, rent, sell or share their property as they see fit. However, government can place certain regulatory limitations to regulate the health, safety and general welfare of the community. Courts have regularly found a legitimate government purpose in zoning regulations that aim to achieve homogeneous, traditional single-family neighborhoods. In terms of renting, the City of Auburn and the City of Tacoma have implemented extensive housing inspection programs that include a requirement for property owners to obtain a license to legally rent their homes. The cities use this program as an enforcement tool to prevent overcrowding, excessive parking and substandard building conditions. Related to the legitimate government purpose and protecting single-family residential neighborhoods is the term "family" because this is fundamental to defining a single- family use. Governments have to be very careful when crafting definitions of "family" because laws that limit a family association to persons related only by blood or marriage have been determined to be discriminatory. The law allows for unrelated persons living together to be classified as a "family". This does not mean the City cannot potentially adopt parameters that protect the single-family nature of the neighborhood, but any limitations have to take into account the varying associations that can constitute a family. The Medina Municipal Code contains a definition of "family" which when applied in conjunction with the definition of "single-family dwelling" has been consistent with this requirement. POLICY ISSUES: 1. The primary policy question before the Council is whether to amend the Zoning Code (Unified Development Code) to limit the number of unrelated individuals who can live in a single-family dwelling unit. We could create a definition of boardinghouse that is distinguishable from single-family dwellings, but since the municipal code does not already allow boardinghouses, this definition would be meaningless. 2. A secondary policy question is related to enforcement. The City's enforcement protocol follows the council directive of a complaint -based enforcement program. To determine if an activity such as renting multiple rooms violates the Zoning Code, an extensive investigation and evidence gathering would be required, which in turn requires staff and legal hours to conduct. Therefore, budgetary consideration must be given to any enforcement action. (Note: this type of violation is civil in nature and is more appropriate for a code enforcement officer rather than the police whose focus is on traffic and criminal violations.) 2 3. A final policy question involves the unknown and potential unintended consequences. The City does not have rental property information, nor do we have comprehensive information on the composition of individual households so the outcome of code changes is difficult to predict. Setting aside the issue of enforcement, the primarily benefit of such a code change might be to limit the number of tenants a property owner might rent their homes too. POSSIBLE AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE - DISCUSSION ONLY Section 20.12.070(A): "Family" means the immediate ki RdFed-m"de up of one or more a persons related by blood marriage adoption or guardianship or a -group of four or fewer unrelated adult persons living together in a dwelling A group of more than four unrelated adult persons living together in a dwelling unit may also be included within this definition if it can be demonstrated to the Director that they operate in a manner that is functionally equivalent to a family. Factors that shall be considered include: and 6pou6o theispouses and GhildFeR thizrizpf 1 The -group shares the entire dwelling unit and does not act as separate roomers: 2 The group lives and cooks together as a single housekeeping unit: 3 The affairs of the group constitute a permanent living arrangement, and are not a framework for transient living: 4 The group maintains a stable composition that does not change from year to year or within the year: 5 The group is not a society, fraternity, sorority, lodge organization or other -group of individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary: or 6 Other reasonable factors related to the group of persons acting functionally equivalent of a family. For purposes of this definition and notwithstanding any other provision of this Code, children with familial status within the meaning of Title 42 United States Code, Section 3602(k) and persons with handicaps within the meaning of Title 42 United States Code, Section 3602(h) will not be counted as unrelated persons. Note: 2010 census data indicated the average Medina owner -occupied household consisted of 2.81 people; renter -occupied is 2.71 people. 20.12.080(G): Note: This is the current definition found in the municipal code. "Guests" means those who occupy upon invitation of the owner or lessee without charge or other consideration for such occupancy. 3 Section 20.12.090(E): Note: This is the current definition found in the municipal code. "Household staff' means individuals who spend more than 50 percent of their working time employed at the residence site and in no event work less than 20 hours per week, including caregivers. For the purpose of this chapter, "household staff' includes the spouse and children of such an employee. Section 20.12.200(M): "Single-family dwelling" means a detached dwelling house that is limited in designed exclusively for and occupied by one family, its household staff and guests that is permanently attached to the -ground. A single-family dwelling may have accessory reGreatiORal buildings including, but not limited to a detached garage accessory recreational facilities, and/or playhouse aPA having no more than one room plus a bathroom and otherwise not designed fef as an independe,.jnt residence habitation.A single farAily dwelling may be GGGUpied by the Fnernbe s-�J'I'"l'.ii�C'tG� ily-a!7"fe,its gum is a'Rihocr0'eheld6taff; pFeyided,, FTyweyeF' th t it 'S OF r to the use .,f the dwelling fer residence nUrne6e6 4 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa._g MEMORANDUM To: Medina City Council From: Robert J. Grumbach, AICP Date: October 28, 2013 Subject: Single-family Residence/ Boarding House Issues At a recent council meeting, residents in the 2400 block of 791h Avenue N.E. petitioned the City Council about a house in their neighborhood arguably being used as a boarding house. The property owner is known to rent several rooms to various tenants. It is worth noting that the subject of boarding houses was raised previously with the City Council in 2004. BACKGROUND: Generally speaking boarding houses are a type of residential use where rooms are rented out to lodgers, sometimes for short periods and sometimes for extended periods. The building code defines boarding houses as a residential occupancy involving lodging for compensation, with or without meals, and not occupied as a single-family unit. This activity is sometimes called room and board. The Zoning Code does not list boarding houses in the land use tables set forth in MMC 20.21.030. This means that boarding houses are a prohibited use within the City of Medina. However, the Zoning Code does allow single-family dwellings. Since a boarding house activity can occur in a similar dwelling that normally houses a single-family, a clear distinction must be made to differentiate between what constitutes a single-family unit and a boarding house. ZONING: Single-family dwelling is defined in the Zoning Code as follows: "Single-family dwelling" means a detached dwelling house that is limited in design to the accommodation of one family, its household staff and guests.... A single-family dwelling may be occupied by the members of one family alone, its guests and household staff; provided, however, that it is not a violation of this title for the renter or owner of any dwelling to provide lodging for persons not attached to the renter's or owner's family so long as such use is incidental to the use of the dwelling for residence purposes." Related definitions include: "Family" means the immediate kindred made up of a person and spouse, their parents, grandparents, children and the spouses thereof, and grandchildren and the spouses and children thereof. "Guests" means those who occupy upon invitation of the owner or lessee without charge or other consideration for such occupancy. When the issue of boarding houses was raised in 2004, the city explored whether the renting of multiple rooms in a home could be banned because it was not a single-family dwelling use. It was determined that this approach would require a code amendment because the code specifically allows renters or owners to provide lodging to unrelated persons. However, it was also determined that amending the code regarding unrelated persons was legally complicated. At the center of these complications was the fact that communities historically tried to use the restriction on unrelated persons to ban group homes. In 2004, the city attorney advised that any amendment change cannot discriminate against any protected class under state or federal law. Group homes/ adult family homes usually provide housing for protected classes of people under state and federal law. Therefore, any changes would need to address this legal hurdle. To address legal hurdles, any code amendment restricting the number of unrelated people who can live together must make clear who is considered unrelated and what constitutes "living together." Because there are a number of different circumstances of temporary living arrangements and several potential levels of family ties, any new regulations needs to properly define family relations and living arrangements that it prohibits while keeping in mind protected classes of people. BELLEVUE'S DEFINITION OF FAMILY: In 2004, the city attorney suggested that a definition of "family" similar to the one adopted by the City of Bellevue might be an acceptable approach. The City of Bellevue defined family as: One or more persons (but not more than six unrelated persons) living together as a single housekeeping unit. For purposes of this definition and notwithstanding any other provision of this Code, children with familial status within the meaning of Title 42 United States Code, Section 3602(k) and persons with handicaps within the meaning of Title 42 United States Code, Section 3602(h) will not be counted as unrelated persons. To address legal complexities, the City of Bellevue established six unrelated persons as a safe threshold based on state laws that use six persons as a threshold for defining protected class housing such as Adult Family Home that are required to be allowed in single-family residences. However, the emergency ordinance adopted recently by Bellevue reduces the maximum number of unrelated persons to four based on a detailed analysis of its census data for typical single-family residences. 2 IMPLEMENATION AND ENFORCEMENT: While amending the Zoning Code to restrict the number of unrelated persons who might live in a single-family dwelling is not difficult to achieve, implementing and enforcing such laws is difficult and time consuming. I spoke with Carol Helland, Bellevue Land Use Director, about how the City of Bellevue was planning to address their problem of single-family residences being used as boarding houses for students. The following is a summary of this conversation: • Bellevue researched what other jurisdictions were doing. They decided not to implement similar programs to the City of Auburn and Seattle where they require property owners to obtain a business license that register rental units. The cost of such a program was determined to be too high. • Bellevue enforcement is complaint driven. Bellevue does not pro -actively search for boarding house violations. They work with neighborhood groups to address specific problems and they are implementing a comprehensive education program to try and prevent violations from occurring in the first place. • Where enforcement is initiated, enforcement staff gathers evidence including interviewing people, tracking license plates, and conducting property surveillance. Enforcement officers will also pose as interested renters as part of their evidence gathering. • The code enforcement division works closely with the legal department. All of their enforcement activity is reviewed and overseen by legal. • Carol noted that search warrants for civil cases are very difficult to obtain. This makes the other means of evidence gathering more important. • Although not discussed in detail, there is also a political sensitivity associated with this type of enforcement as you are displacing people from their home. Finding last minute living arrangements can be difficult. Bellevue addressed this aspect by working with the property owner by allowing tenants to stay until a certain time. This is generally coinciding with the spring ending of the college school year. Information on the cost of such enforcement is not known at this time. The City of Bellevue has a code enforcement division with full time staff assigned. This resource shaped the approach Bellevue decided to take. NEXT STEP: If the city council is interested in taking up this subject, staff and the city attorney can perform additional research and provide recommendations at a future council meeting. 3 +a,�9 CITY OF MEDINA w 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov MEMORANDUM To: Medina City Council From: Robert J. Grumbach, AICP Date: December 9, 2013 Subject: Boarding Houses The Medina Municipal Code prescribes allowed land uses in MMC 20.21.030. If a use is not listed, it is prohibited unless a similar use determination is made. Table 20.21.030 lists detached single-family dwelling as a permitted use in all zones. Boarding houses are not listed and therefore are prohibited. However, boarding house is not a defined term in the Medina Municipal Code. Because boarding house uses are housed in single-family homes, to be prohibited, the boarding house use must be clearly distinguishable from a single-family dwelling use. The Medina Municipal Code states that single-family dwellings are allowed to contain one family, household staff and guests. The owner or renter may also provide lodging for unrelated persons as long as this is incidental to the residential use. Family is defined as "the immediate kindred made up of a person and spouse, their parents, grandparents, children and the spouses thereof, and grandchildren and the spouses and children thereof." When the City researched this topic in 2004, the city attorney advised that amendment of the definition of single-family dwelling was necessary since it specifically allows renters or owners to provide lodging for unrelated persons. Alternatives: 1. Amend provisions of the zoning code to focus on the occupancy by limiting the number of unrelated adults who might live in a single-family home. This would need to include language consistent with ADA requirements. A possible difficulty with this approach might be the many large residential estates in the community that employ and house staff onsite. 2. Amend provisions of the zoning code to focus on the number of allowable leases in single-family dwelling. Other provisions of the code may also need to be amendment to be consistent with this. A difficulty with this approach is that the City does not track leases. Unless a program requiring property owners to register their leases with the City was established, this would be very difficult to enforce. 3. Related to Alternative #2, a definition of boarding house could be created that is distinguished by the number of individuals occupying a home under separate rental agreements. Similar to Alternative #2, enforcement would be very difficult. Notes: • Any enforcement program will require a dedication of resources to ensure due process rights are respected. • Pursuant to MMC 20.81.040, amendments of development regulations must follow the procedures that include planning commission reviewing an amendment and forwarding a written recommendation to the city council. Medina City Council Regular Meeting Monday, February 10, 2014 AGENDA ITEM 10.2 AGENDA BILL Official Response to the Department of Ecology's Conditional Approval Subject: of the Updated Medina Shoreline Master Program (SMP) Category: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Robert Grumbach, Development Services Director Summary: The City Council approved Ordinance No. 886 on June 12, 2012, adopting an updated Shoreline Master Program (SMP) subject to the Department of Ecology's (DOE) approval. On May 16, 2013, the Director of DOE conditionally approved Ordinance No. 886 subject to specific changes being required. Pursuant to WAC 173-26-120(7), the City can agree to the proposed changes, or it can submit an alternative proposal. Ecology then reviews the alternative proposal for consistency with the purpose and intent of the changes originally submitted by DOE and with the Shoreline Management Act. The City Council took a dual approach and agreed to certain changes proposed by DOE, and directed that alternatives be developed for the other items. A shoreline advisory committee was formed by the City Council to provide input on developing the alternatives. Staff has been working informally with DOE to see if common ground could be established on the alternatives. The outcome of this effort is set forth in the attachments to this agenda bill. This effort also includes acceptance of certain recommended changes and other City -initiated changes that are meant to provide clarity in the SMP and consistency with recent changes to the zoning code. The City -initiated changes are intended to be non -substantive or code housekeeping in nature. If the Council approves the attached cover letter and exhibits, these documents plus a revised Cumulative Impact Analysis (not attached) will be submitted to DOE and will constitute the City's formal submittal of a proposed alternative in response to DOE's conditional approval of Medina's updated SMP. If DOE approves the submitted proposed alternative, follow-up action to replace Ordinance No. 886 with an updated ordinance will follow. Attachments: 1. Cover Letter 2. Exhibit A: Document Responding to Items Individually 3. Exhibit B: Attachment A of Ordinance No. 886 (development regulations) with City - proposed changes 4. Exhibit C: Attachment B of Ordinance No. 886 (comprehensive plan) with City -proposed changes Budget/Fiscal Impact: None to Recommendation: Recommend approva - _ ity Manager Approval: Motion to approved the City's proposed alternatives Proposed Council Motion: contained in Exhibits A, B and C, and to authorize the Mayor to sign and submit the proposed alternative to DOE for their consideration. ATTACHMENT 1 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov February 10, 2014 Ms. Maia Bellon, Director WA State Department of Ecology P.O. Box 47600 Olympia, WA 98504 Re: City of Medina Shoreline Master Program Update Dear Ms. Bellon, Pursuant to WAC 173-26-120(7)(b)(ii), please find enclosed the City of Medina's submission of an alternative proposal with supporting rationale demonstrating that the City's alternative is consistent with the purpose and intent of the changes originally proposed by Ecology on May 16, 2013. The City's submission consists of the following documents: 1. Exhibit A: This document itemizes each of the required changes set forth in Attachment B of Ecology's May 16, 2013, Conditional Approval and identifies the City's acceptance or proposed alternative and rationale for each required change. Additionally, the document contains the City's acceptance and proposed alternative and rationale for the recommended changes set forth in Attachment C of Ecology's May 16, 2013, Conditional Approval. Finally, the document contains a list of non -substantive changes and rationale to the original proposed Shoreline Master Program not previously identified in Ecology's conditional approval. 2. Exhibit B: This document is "Attachment A" of City of Medina Ordinance No. 886 submitted as the City's original updated shoreline master program proposal. This document incorporates the changes in Exhibit A relating to the development regulations and contains additional housekeeping edits. All changes are shown in underline/ strikethrough format. 3. Exhibit C: This document is "Attachment B" of City of Medina Ordinance No. 886 submitted as Medina's original shoreline master program proposal. This document incorporates the proposed changes in Exhibit A relating to the Medina Comprehensive Plan. All changes are shown in underline/ strikethrough format. 4. Exhibit D: This document is the updated Cumulative Impact Analysis incorporating revisions to the analysis based on the proposed alternative in Exhibit A. We look forward to your response in regards to the City of Medina's proposed afternative and hope to conclude this process. 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Cl) N N T- N O a C O N N N O (p O O O CDC) O y O O 6 tC ( d 1n Cd CD N N N CD CD(O w Di N N N O N N (y) te)c0 m ro a c a s CAI OI MR E �c co N Cl) Q N O a ` oa C cu rn- N N> 0 c 0 � ti p c a _0 'a its cn v co �a N N N O d O W) Q� eta F- N N N O Q> O tio a Attachment A Exhibit B 1 Subtitle 20.6 2 Shoreline Master Program 4 Chapters: 5 20.60 General Provisions 6 20.61 Shoreline Environmental Designations 7 20.62 Shoreline Use Regulations 8 20.63 Shoreline General Development Standards 9 20.64 Use Specific Shoreline Development Standards 10 20.65 Shoreline Modifications 11 20.66 General Shoreline Regulations 12 20.67 Critical Areas in Shoreline 13 SMP Attachment A Revised 1 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Chapter 20.60 General Provisions Sections: 20.60.010 Title. 20.60.020 Introduction. 20.60.030 Purpose. 20.60.040 Authority. 20.60.050 Applicability. 20.60.060 Administration. 20.60.070 Relationship to other plans and regulations. 20.60.080 Interpretation. 20.60.090 Liberal construction. 20.60.100 Violations and Penalties. 20.60.200 Definitions — General Provisions. 20.60.210 "A" definitions. 20.60.211 "B" definitions. 20.60.212 "C" definitions. 20.60.213 "D" definitions. 20.60.214 "E" definitions. 20.60.215 "F" definitions. 20.60.216 "G" definitions. 20.60.217 "H" definitions. 20.60.218 "1" definitions. 20.60.219 "J" definitions. 20.60.221 "U definitions. 20.60.222 "M" definitions. 20.60.223 "N" definitions. 20.60.224 " O" definitions. 20.60.225 "P" definitions. 20.60.226 "Q" definitions. 20.60.227 "R" definitions. 20.60.228 "S" definitions. 20.60.229 "T" definitions. 20.60.230 "U" definitions. 20.60.231 W" definitions. 20.60.232 "W" definitions 20.60.010 Title. Chapters 20.60 through 20.67 of the Medina Municipal Code, 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." 20.60.020 Introduction. The Shoreline Management Act of 1971 (Act) was adopted by the public in a 1972 referendum "to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines." A. The Act advances the following broad policies: 1. Encourage water -dependent uses along the shoreline; SMP Attachment A Revised 2 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2. Protect the resources and ecology of the shoreline; and 3. Promote public access of the shoreline environment. B. The Act, and the City, recognizes the protection of private property rights while aiming to preserve the quality of unique shoreline resources. C. The primary purpose of the Act is to provide for the management and protection of shoreline resources by planning for reasonable and appropriate uses through a coordinated planning program between the state and local jurisdictions. 20.60.030 Purpose. The purpose of the shoreline master program is to: A. Carry out the responsibilities imposed by the Act; B. Promote the public health, safety and general welfare by guiding future development of shoreline resources within the City; and C. Comply with the Shoreline Master Program Guidelines set forth in Chapter 173-26 WAC. 20.60.040 Authority. Chapters 20.60 through 20.67 of the Medina Municipal Code are adopted under the authority of Chapter 90.58 RCW and Chapter 173-26 WAC. 20.60.050 Applicability. A. The requirements of the shoreline master program apply to all uses and development occurring within the City's shoreline jurisdiction as defined in RCW 90.58.030 including: 1. Lake Washington; and 2. Areas extending landward 200 feet from the ordinary high water mark of Lake Washington. B. Shoreline jurisdiction shall not include buffer areas for wetlands or streams that occur within shorelines jurisdiction, except those buffers contained within lands extending landward 200 feet from the ordinary high water mark of Lake Washington. 20.60.060 Administration. A. All uses and development proposals within the shoreline area should be evaluated in terms of the shoreline master program. All uses and development proposals, including those that do not require a permit, must comply with the policies and regulations established by the Act as expressed through the shoreline master program. B. The Director is vested with responsibility for administering the shoreline master program consistent with this shoreline master program and applicable provisions of the Act. C. No development may be undertaken or is authorized unless it is consistent with the policies and provisions of the shoreline master program and the Act. D. Shoreline permits, and shoreline exemptions, shall be processed in accordance with the requirements set forth in Chapter 20.80 MMC and the approval criteria specified for shoreline permits set forth in Chapters 20.70 through 20.72 MMC. 20.60.070 Relationship to other plans and regulations. A. The Medina Comprehensive Plan provides the underlying planning framework within which the shoreline master program fits. The policies found in the Shoreline Management Sub- SMP Attachment A Revised 3 of 90 Attachment A Exhibit B Element of the Comprehensive Plan are incorporated as an element of the shoreline master 2 program. 3 B. The shoreline master program shall apply as an overlay and in addition to: zoning, land use 4 regulations, development regulations, and other regulations established by the City. 5 C. In the event of a conflict between the regulations in this shoreline master program and any 6 other applicable regulations of the City, the regulation that provides the greater protection of 7 shoreline ecological functions and aquatic habitat shall prevail. 8 9 20.60.080 Interpretation. 10 11 A. The Director is authorized to make written interpretations of the shoreline master program 12 whenever necessary for clarification or to resolve a conflict within these regulations. 13 Interpretations are a Type 1 decision processed pursuant to Chapter 20.80 MMC. 14 B. Any person may submit a written request for an interpretation to the Director, or the Director 15 may issue an interpretation on their own initiative. 16 C. A request for an interpretation shall address the following decision criteria: 17 1. The defined or common meaning of the word or words in the provision; and 18 2. The general purpose of the provision as expressed in the section or chapter where the 19 provision is found; 20 3. The logical or likely meaning of the provision viewed in relation to the Act and the 21 shoreline master program; 22 4. Consistency with the policies and provisions set forth in Chapter 90.58 RCW, and 23 Chapters 173-26 and 173-27 WAC; 24 5. Consistency with the goals and policies set forth in the Shoreline Sub -Element of the 25 Medina Comprehensive Plan; and 26 6. Consistency with other elements of the shoreline master program. 27 D. The Director shall consult with the Washington State Department of Ecology for consistency 28 of the interpretation with the Act and the shoreline master program before issuing a written 29 interpretation. 30 E. A written interpretation shall have the effect and be enforced as if it is part of the shoreline 31 master program. 32 F. A record of all written interpretations shall be maintained by the City and be available for 33 public inspection and copying during regular business hours. 34 35 20.60.090 Liberal construction. 36 37 As provided in RCW 90.58.900, the Shoreline Management Act is exempted from the rule of 38 strict construction; the Act and the shoreline master program shall therefore be liberally 39 construed to give full effect to the purposes, goals, objectives, and policies for which the Act and 40 the shoreline master program were enacted and adopted, respectively. 41 42 20.60.100 Violations and Penalties. 43 44 Violation of any provision of the shoreline master program shall be subject to the enforcement 45 1 provisions and penalties set forth in Chapter 1.15 MMC and WAC 173-27-240 through 173-27- 46 310. 47 48 20.60.200 Definitions — General Provisions. 49 50 A. Words in this shoreline master program used in the singular shall include the plural, and the 51 plural shall include the singular, unless the context clearly indicates otherwise. SMP Attachment A Revised 4 of 90 Attachment A Exhibit B 1 B. The definitions in this chapter shall apply to the shoreline master program and they should 2 be used in conjunction with other definitions found in title 17 and title Title 20 MMC. 3 However, these definitions are not intended to replace or alter similar definitions found 4 elsewhere within the Medina Municipal Code except where specifically applied to the 5 shoreline master program. 7 20.60.210 "A" definitions. 8 9 A. "Act" means Chapter 90.58 RCW, the Shoreline Management Act of 1971, as hereafter 10 amended. 11 B. "Accessory dwelling unit' means a dwelling unit subordinate to a single-family dwelling unit 12 which: 13 a. Is located within the single-family dwelling unit; or 14 b. Is located within an accessory building as defined by the zoning code. 15 C. "Accessory structure, use or activity" means a structure or part of a structure, use, or activity, 16 which is incidental and subordinate to a permitted principal use or building. 17 D. "Adult family home" means a residential home in which a person or persons provide 18 personal care, special care, room, and board to more than one but not more than six adults 19 who are not related by blood or marriage to the person or persons providing the services 20 provided, however, any limitation on the number of residents resulting from this definition 21 shall not be applied if it prohibits the City from making reasonable accommodations to 22 disabled persons in order to afford such persons equal opportunity to use and enjoy a 23 dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). 24 E. "Agricultural activities" means agricultural uses and practices as defined in WAC 173-26.020 25 and amendments thereto. 26 F. "Alternative energy facilities" means energy generating facilities using (a) wind; (b) solar 27 energy; (c) geothermal energy; (d) or wave or tidal action where such facilities have 28 noncommercial purposes, primarily supports the use that the facilities are accessory to, and 29 comply with local development regulations. 30 G. "Aquaculture" means the culture or farming of food fish, shellfish, or other aquatic plants and 31 animals. 32 H. "Aquaculture, accessory" means the noncommercial culture or farming of food fish, shellfish, 33 or other aquatic plants and animals, which is located on the same lot of a principle use such 34 as a single-family dwelling, and in which such activity does not produce noise, odors, or 35 other impacts that negatively affect adjacent property owners enjoyment of their property. 36 I. "Average grade level" means the average of the natural or existing topography of the portion 37 of the lot, parcel, or tract of real property which will be directly under the proposed building 38 or structure: In the case of structures to be built over water, average grade level shall be the 39 elevation of the ordinary high water mark. Calculation of the average grade level shall be 40 made by averaging the ground elevations at the midpoint of all exterior walls of the 41 proposed building or structure. 42 43 20.60.211 "B" definitions. 44 45 A. "Bioengineering" means project designs or construction methods that use live woody 46 vegetation or a combination of live woody vegetation and specially developed natural or 47 synthetic materials to establish a complex root grid within the existing bank that is resistant 48 to erosion, provides bank stability, and maintains a healthy riparian environment with habitat 49 features important to fish life. 50 B. "Boathouse" means an overwater structure with walls and a roof designed for the storage of 51 boats, but does not include covered moorage. SMP Attachment A Revised 5 of 90 Attachment A Exhibit B 1 C. "Boat launch" means graded slopes, slabs, pads, planks, or rails used for launching boats 2 by means of a trailer, hand, or mechanical device. 3 D. "Boat lift" means any lift for motorized boats, kayaks, canoes and jet skis; including floating 4 lifts that are designed to not contact the substrate of the Lake; ground -based lifts that are 5 designed to be in contact with or supported by the substrate of the Lake; and suspended lifts 6 that are designed to be affixed to the existing overwater structure with no parts contacting 7 the substrate. 8 E. "Breakwater" means a protective structure that is normally built offshore to provide 9 protection from wave action. 10 F. "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to 11 and near the ordinary high water line and/ or the ordinary high water mark consisting of 12 concrete, timber, steel, rock, or other permanent material for the purpose of protecting 13 adjacent wetlands and uplands from waves and currents. 14 G. "Buoys" means a floating object anchored in water used to mark a location, warn of danger, 15 or indicate a navigational channel. 16 17 20.60.212 "C" definitions. 18 19 A. "Canopy" means a cover installed as a component of a boatlift. 20 A-B. "Clearing" means cutting, grubbing or removing vegetation or other organic plant 21 material by physical, mechanical, chemical or any other similar means. For the purpose of 22 this definition of clearing, cutting means the severing of the main trunk or stem of woody 23 vegetation at any point. 24 @-.C. "Covered moorage" means any structure having a roof, but not walls, that is —are 25 permitted pursuant to MMC 20.65.060-100 to cover or shelter a moorage space or pier. 26 This does not include boatlifts with a translucent canopy attached to the lift as provided for 27 under MMC 20.65.120. 28 G-.D. "Covered moorage area" means the gross area of the roof of the covered moorage 29 structure projected on the surface or surfaces below. 30 9-.E. "Critical Areas" means critical areas as defined in RCW 36.70A.030 and amendments 31 thereto. 32 33 20.60.213 "D" definitions. 34 35 A. "Deck" means a structure attached to a wall of a building designated, established, and/ or 36 installed to provide outdoor living, cooking, and/ or recreation, some sides of which are open 37 and which may or may not have a permanent overhead covering. 38 B. "Development" means a use consisting of the construction or exterior alteration of 39 structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulk 40 heading; driving of piling; placing of obstructions; or any project of a permanent or temporary 41 nature which interferes with the normal public use of the surface of the waters overlying 42 lands subject to the act at any stage of water level. 43 C. "Diameter breast height or DBH" means the diameter measurement in inches of the outside 44 bark of a tree trunk, measured at four and one-half feet above the surrounding existinq 45 ground surface. The DBH for multi -trunk trees forking below the four and one-half foot mark 46 is determined by measuring the diameter of the tree trunk at the narrowest part of the main 47 stem below the tree fork. The DBH for multi -trunk trees splitting at ground level is 48 determined by taking the square root of the sum of all squared stem DBHs. 49 G-D. "Director" means the city manager or designee. 50 9,E. "Dock" means a structure that floats on the surface of the water, without piling supports, 51 and which may be attached to the shore or may be anchored to submerged land. Dock SMP Attachment A Revised 6 of 90 Attachment A Exhibit B 1 facilities may include wharves, boat moorage, swimming, public access, and other activities 2 that require access to deep water. 3 I F. "Dolphin" means a spar, buoy or piling used for mooring watercraft. 4 E_G. "Dredging" means the removal, displacement, or disposal of unconsolidated earth 5 material such as sand, silt, gravel, or other submerged materials, from the bottom of water 6 bodies, ditches, or natural wetlands; maintenance dredging and/or support activities are 7 included in this definition. 8H. "Dwelling" means a living space or combination of rooms designed to provide 9 independent year-round living facilities for one family or household, including household 10 staff and guest, constructed to the minimum standards of the Building or HUD Code, and 11 with provisions for sleeping, eating and sanitation. 12 I G-.1."Dwelling, multi -family" means a residential structure containing two or more dwellings. 13 k-. J. "Dwelling, single-family" means a residential structure containing one dwelling. 14 15 20.60.214 "E" definitions. 16 17 A. "Ecological functions, shoreline ecological functions" means the work performed or role 18 played by the physical, chemical, and biological processes that contribute to the 19 maintenance of the aquatic and terrestrial environments constituting the shoreline's natural 20 ecosystem. 21 B. "Ecosystem -wide processes" means the suite of naturally occurring physical and geologic 22 processes of erosion, transport, and deposition; and specific chemical processes that shape 23 landforms within a specific shoreline ecosystem and determine both the types of habitat and 24 the associated ecological functions. 25 C. "Ell" means a terminal pier section oriented perpendicular, diagonal or linear to the pier 26 walkway. 27 D. "Existing grade" means the ground elevation existing on the building site at the time an 28 application for a building or other development permit is filed at the City. 29 30 20.60.215 "F" definitions. 31 32 A. "Fair market value" of a development is the open market bid price for conducting the work, 33 using the equipment and facilities, and purchase of the goods, services and materials 34 necessary to accomplish the development. This would normally equate to the cost of hiring 35 a contractor to undertake the development from start to finish, including the cost of labor, 36 materials, equipment and facility usage, transportation and contractor overhead and profit. 37 The fair market value of the development shall include the fair market value of any donated, 38 contributed or found labor, equipment or materials. 39 B. "Feasible" means an action, such as a development project, mitigation, or preservation 40 requirement that meets all of the following conditions: 41 1. Can be accomplished with technologies and methods that have been used in the past in 42 similar circumstances, or studies or tests that have demonstrated in similar 43 circumstances that such approaches are currently available and likely to achieve the 44 intended results; 45 2. Provides a reasonable likelihood of achieving its intended purpose; and 46 3. Does not physically preclude achieving the project's primary intended legal use. 47 The burden of proving infeasibility is on the applicant in cases where these guidelines 48 require certain actions. In determining an action's infeasibility, the City or the Department of 49 Ecology may weigh the action's relative public costs and public benefits, considered in the 50 short- and long-term time frames. SMP Attachment A Revised 7 of 90 Attachment A Exhibit B 1 C. "Fill' means for the purpose of the shoreline master program the placement of soil, sand, 2 rock, gravel, sediment, earth retaining structure or other material to an area waterward of the 3 ordinary high water mark, in wetlands, or on shorelands in a manner that raises the 4 elevation or creates dry land. 5 D. "Finger" means a narrow pier section projecting from the pier walkway, typically 6 perpendicular to the walkway and located landward of an ell in order to form the near -shore 7 side of a boat -slip. 8 E. "Float' means a structure that floats on the surface of the water that is not attached to the 9 shore, but that may be anchored to submerged land. Floats are typically used for 10 swimming, diving and similar recreational activities. 11 F. "Float plane and helicopter moorage" means a facility where water -based aircraft and/ or 12 helicopter are secured for moorage. 13 G. "Forest practices" means any activity conducted on or directly pertaining to forest land and 14 relating to growing, harvesting, or processing timber. 15 H. "Freestanding fence or wall' means a structure located above grade that is intended to 16 provide a barrier for privacy, security or safety. 17 18 20.60.216 "G" definitions. 19 20 A. "Gabion" means a structure composed of masses of rocks or rubble held tightly together by 21 wire mesh (typically) so as to form upright blocks or walls. 22 B. "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation 23 conducted by a qualified expert that includes a description of the ground and surface 24 hydrology and geology, the affected land form and its susceptibility to mass wasting, 25 erosion, and other geologic hazards or processes, conclusions and recommendations 26 regarding the effect of the proposed development on geologic conditions, the adequacy of 27 the site to be developed, the impacts of the proposed development, alternative approaches 28 to the proposed development, and measures to mitigate potential site -specific and 29 cumulative geological and hydrological impacts of the proposed development, including the 30 potential adverse impacts to adjacent and down -current properties. Geotechnical reports 31 shall conform to accepted technical standards and must be prepared by qualified 32 professional engineers or geologists who have professional expertise about the regional and 33 local shoreline geology and processes. 34 C. "Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or 35 other material on a site in a manner that alters the natural contour of the land. 36 G-D. "Grubbing' means to clear by dipping up roots and or stumps 37 38 20.60.217 "H" definitions. 39 40 A. "Height' is the vertical distance measured from the average grade level to the highest point 41 of a structure. 42 B. "Houseboat' means a structure designed and operated substantially as an overwater 43 residence. Houseboats are not vessels and lack adequate self -propulsion and steering 44 equipment to operate as a vessel. 45 C. "Horticultural activities" means cultivating plants, especially flowers, fruit, and vegetables, in 46 gardens or greenhouses. SMP Attachment A Revised 8 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 20.60.218 "1" definitions. A. "Impervious surface" means any hard surface area which either prevents or retards the entry of water into the soil mantle as it would otherwise enter under natural conditions preexisting to development, or any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow as it would otherwise under natural conditions preexisting to development. Examples include impenetrable materials such as asphalt, concrete, brick, stone, wood and rooftops. 20.60.219 "J" definitions. A. "Joint -use or shared" means overwater structures that are constructed for private use by more than one property owner. 20.60.221 "L" definitions. A. "Land division" means the division or re -division of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. B. "Land surface modification" means any movement or modification of earth material on any site. C. "Lot" means a measured piece of land having fixed boundaries and designated on a plot or survey. D. "Lot area" means the dry land area landward of the ordinary high water line. E. "Lot area, net" means the lot area exclusive of the area of any vehicular private lane, vehicular right-of-way, vehicular access easement, or any areas unbuildable due to the presence of critical areas as defined in Chapter 20.67 MMC. F. "Low impact development' means a set of techniques that mimic natural watershed hydrology by slowing, evaporating/ transpiring, and filtering water that allows water to soak into the ground closer to its source. 20.60.222 "M" definitions. A. "Marina" means a private or public facility providing the purchase and or lease of a slip for storing, berthing and securing motorized boats or watercraft, including both long-term and transient moorage. B. "Mining" means the removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses. C. "MMC' means Medina Municipal Code. D. "Moorage" means a place where a boat or vessel may be secured. E. "Moorage buoy" means a floating object anchored to provide a mooring place away from the shore. F. "Moorage pile" means a piling to which a boat is tied up to prevent it from swinging with changes of wind, waves or other similar functions. G. "Moorage structure" means those installations or facilities including piers, wharves, platforms, ramps, dolphins, buoys, quays, or bulkheads, or any place or structure connected with the shore or upon shorelands provided for the securing of a boat or waterborne craft. 20.60.223 "N" definitions. A. "Native plants" means plant species which are native to the Puget Sound lowlands. SMP Attachment A Revised me M Attachment A Exhibit B 1 A-B. "Natural or existing topography" means the topography of the lot, parcel, or tract of real 2 property immediately prior to any site preparation or grading, including excavation or filling. 3 B C. "Non -water oriented uses" means uses that are not water -dependent, water -related, or 4 water -enjoyment. 5 C.q. "Nonconforming structure" means a building or structure that does not comply with the 6 required setbacks, height, structural coverage and other development requirements of the 7 shoreline master program, but was lawfully constructed prior to the effective date of the Act 8 or shoreline master program or subsequent amendments thereto and was continually 9 maintained in accordance with MMC 20.66.090. This term applies whether or not the 10 nonconformity was permitted by a variance. 11 �E. "Nonconforming use" means any activity, development, or condition that by the shoreline 12 master program is not permitted outright or permitted as an accessory use, or is not 13 permitted by a conditional use permit or other special permitting process; but was lawfully 14 created prior to the effective date of the Act or shoreline master program or subsequent 15 amendments thereto and was continually maintained in accordance with MMC 20.66.090. A 16 nonconforming use may or may not involve buildings or structures and may involve part of, 17 or all of, a building or property. 18 19 20.60.224 "O" definitions. 20 21 A. "Ordinary high water line" is obtained from the U.S. Army Corps of Engineers and typically 22 means an elevation of approximately 21.8 for Lake Washington above sea level based on 23 the National Geodetic Vertical Datum (NGVD) of 1929. This elevation must be converted to 24 the North American Vertical Datum of 1988 (NAVD88) per City of Bellevue control points 25 I within the City of Medina Gity-4+ts and tvpically means an elevation of approximately 18.7 26 feet above sea level. 27 B. "Ordinary high water mark" means on all lakes, streams, and tidal water is that mark that will 28 be found by examining the bed and banks and ascertaining where the presence and action 29 of waters are so common and usual, and so long continued in all ordinary years, as to mark 30 upon the soil a character distinct from that of the abutting upland, in respect to vegetation as 31 that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may 32 change thereafter in accordance with permits issued by the City or Department of Ecology; 33 provided, that in any area where the ordinary high water mark cannot be found, the ordinary 34 high water mark adjoining fresh water shall be the line of mean high water. 35 C. "Outfall" means a structure used for the discharge of stormwater or sewer system into a 36 receiving water. 37 38 20.60.225 "P" definitions. 39 40 A. "Patio" means a hard surfaced area of the ground beyond a building designed, established 41 and/ or installed to provide for outdoor living, cooking and recreation, some sides of which 42 are open and which may or may not have a permanent overhead covering. 43 B. "Pervious" means, as opposed to impervious surfaces, these are surfaces that allow water 44 to pass through at rates similar to pre -developed conditions or better. Pervious surfaces, 45 include, but are not limited to: pervious asphalt, pervious concrete, pervious gravel, grass or 46 pervious pavers. 47 C. "Pier" means a platform built on pilings or similar structures that projects over, and is raised 48 above the water and is attached to land, and that is used for boat moorage, swimming, 49 fishing, public access, or similar activities requiring access to deep water. 50 D. "Piling" means the structural supports for piers, usually below the pier decking and anchored 51 in the water. SMP Attachment A Revised 10 of 90 Attachment A Exhibit B 1 E. "Provisions" means policies, regulations, standards, guideline criteria or environment 2 designations. 3 F. "Public access" means the ability of the general public to reach, touch, and enjoy the water's 4 edge, to travel on the waters of the state, and to view the water and the shoreline. 5 G. "Public interest" means the interest shared by the citizens of the state or community at large 6 in the affairs of government, or some interest by which their rights or liabilities are affected 7 including, but not limited to, an effect on public property or on health, safety, or general 8 welfare resulting from a use or development; 9 10 20.60.226 "Q" definitions. 11 12 A. "Qualified Professional" means a person with relevant education, experience and training, 13 as determined by the City, in biological fields such as botany, fisheries, wildlife, soils, 14 ecology, and similar areas of specialization. 15 16 20.60.227 "R" definitions. 17 18 A. "Reconstruction" as prescribed in MMC 20.66.090 means to undertake construction within 19 and/ or on an existing building or structure which has a valid construction permit with fair- 20 market construction costs greater than 60 percent of the replacement cost of the existing 21 building or structure being rebuilt. All project phases necessary to result in a habitable 22 building must be included. The construction cost shall be valid for a period beginning on the 23 date of permit issuance and ending 18 months after the date the permit is finalized by the 24 City. 25 B. "Replacement cost" as prescribed in MMC 20.66.090 means the square footage of the 26 structure multiplied by local building costs per square foot, or a similar method of calculation. 27 C. "Repair" means to restore something broken or damaged to good condition. 28 D. "Recreational uses" means facilities designed consistent with MMC 20.64.020 and used to 29 provide recreational opportunities to the public. 30 E. "Residential use" means development in which people sleep and prepare food, other than 31 developments used for transient occupancy. As used in the shoreline master program 32 residential development includes single-family development (known as detached dwelling 33 unit) and the creation of new residential lots through land division. 34 F. "Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading 35 of impaired ecological shoreline processes or functions. This may be accomplished through 36 measures including, but not limited to, re -vegetation, removal of intrusive shoreline 37 structures and removal or treatment of toxic materials. Restoration does not imply a 38 requirement for returning the shoreline area to aboriginal or pre -European settlement 39 conditions. 40 41 20.60.228 "S" definitions. 42 43 A. "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and 44 "shorelands" as defined in RCW 90.58.030. 45 B. "Shorelines" means all of the water areas of the state, including reservoirs, and their 46 associated shorelands together with the lands underlying them: except (i.) shorelines of 47 statewide significance; (ii.) shorelines on segments of streams upstream of a point where 48 the mean annual flow is twenty cubic feet per second or less and the wetlands associated 49 with such upstream segments; and (iii.) shorelines on lakes less than twenty acres in size 50 and wetlands associated with such small lakes. SMP Attachment A Revised 11 of 90 Attachment A Exhibit B 1 C. "Shoreline Master Program" means the Medina Shoreline Master Program adopted pursuant 2 to RCW 90.58 and WAC 173-26. 3 D. "Shoreline modifications" means those actions that modify the physical configuration or 4 qualities of the shoreline area, usually through the construction of a physical element such 5 as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. 6 They can include other actions, such as clearing, grading, or application of chemicals. 7 E. "Shoreline setback" means the distance measured in feet that a structure or improvement 8 must be located from the ordinary high water line of Lake Washington. 9 F. "Shoreline stabilization" means for protecting shoreline upland areas and shoreline uses 10 from the effects of shoreline wave action, flooding or erosion. Shoreline stabilization can be 11 separated into the following categories: 12 1. "Nonstructural' includes the planting or re -planting of native vegetation, beach 13 enhancement and similar non-structural measures; 14 2. "Structural' includes the use of structures such as bulkheads, revetments, cribs, and 15 gabions made of hard materials such as stone, concrete or timber; 16 3. "Bioengineering" includes the use of vegetation, both through planting and for structural 17 purposes such as live staking, brush layering, and brush matting; 18 4. "Biotechnical measures" includes the combination of bioengineering approaches with 19 some degree of structural design such as matting or vegetated gabion walls or 20 mattresses, vegetated cribbing, vegetated rip rap, or keyed native toe -boulders. 21 G. "Shoreline stabilization, hard structural" means shoreline erosion control practices using 22 hardened structures that armor and stabilize the shoreline from further erosion. Hardening 23 materials typically include concrete, boulders, dimensional lumber or similar materials. 24 H. "Shoreline stabilization, soft structural' means shoreline erosion control practices that 25 contribute to restoration, protection or enhancement of shoreline ecological functions such 26 as the use of bioengineering and biotechnical measures. 27 I. "Shoreline habitat and restoration" means activities conducted for the purpose of 28 establishing, restoring, or enhancing habitat for priority species in shorelines. 29 J. "Significant vegetation removal' means the removal or alteration of trees, shrubs, and/or 30 ground cover by clearing, grading, cutting, burning, chemical means, or other activity that 31 causes significant ecological impacts to functions provided by such vegetation. The removal 32 of invasive or noxious weeds does not constitute significant vegetation removal. Tree 33 pruning, not including tree topping, where it does not affect shoreline ecological functions, 34 does not constitute significant vegetation removal. 35 K. "Structure" means a permanent or temporary edifice or building, or any piece of work 36 artificially built or composed of parts joined together in some definite manner, whether 37 installed on, above, or below the surface of the ground or water, except for vessels. 38 L. "Substantial destruction" as prescribed in MMC 20.66.090 means to remove more than 60 39 percent of the existing exterior wall framing of a building or structure, as measured by the 40 horizontal linear length of all exterior walls. Any partial removal of existing framing shall 41 count towards the measurement of horizontal linear length the same as if the entire framing 42 within that horizontal linear length was removed, except partial removal shall not include 43 replacement of windows or doors when no beams or struts are removed. 44 45 20.60.229 "T" definitions. 46 47 A. "Tram" means an electrically driven transport vehicle that runs on rails, overhead cables, or 48 similar structure to move passengers and goods up and down a hillside. 49 50 SMP Attachment A Revised 12 of 90 Attachment A Exhibit B 1 20.60.230 "U" definitions. 2 3 A. "Utilities" means services, facilities and infrastructure that produce, transmit, carry, store, 4 process or dispose of electric power, gas, water, sewage, communications, oil, storm water, 5 and similar services and facilities. 7 20.60.231 "V" definitions. 8 9 A. "Vessel" includes 10 ships, boats, barges or any other floating craft which are 11 designed and used for navigation and do not interfere with the normal public use of the 12 water. 13 14 20.60.232 "W" definitions. 15 16 A. 17 18 19 20 B. 21 22 23 C. 24 25 26 27 28 29 30 31 M 32 33 E 34 35 F. 36 37 G 38 39 40 41 42 43 44 H. 45 46 47 48 49 50 51 "Wall Framing," as prescribed in MMC 20.66.090, means the assemblage of beams and struts that provide a support structure to which interior and exterior wall coverings are attached. Wall framing shall not include the horizontal ceiling joists and sloping rafters used for the roof. "Water -dependent use" means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations. "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 eniovment 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 enioy the physical and aesthetic qualities of the shoreline In order to qualifv as a water-eniovment 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 eniovment. "Waterfront structure" means any structure built at or along the shoreline or over the shorelands and including particularly bulkheads and moorage facilities. "Water frontage" means the extent of land abutting water as measured pursuant to MMC 20.63.050(A)(2)(c). "Water -oriented use" means a use that is water -dependent, water -related, or water - enjoyment, or a combination of such uses. "Water quality" means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation -related, and biological characteristics. Where used in this chapter, the term "water quantity" refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. "Water -related use" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: 1. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water -dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. SMP Attachment A Revised 13 of 90 Attachment A Exhibit B 1 I. "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or 2 ground water at a frequency and duration sufficient to support, and that under normal 3 circumstances do support, a prevalence of vegetation typically adapted for life in saturated 4 soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 5 Wetlands do not include those artificial wetlands intentionally created from non -wetland 6 sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, 7 canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape 8 amenities, or those wetlands created after July 1, 1990, that were unintentionally created as 9 a result of the construction of a road, street, or highway. Wetlands may include those 10 artificial wetlands intentionally created from non -wetland areas created to mitigate 11 conversion of wetlands. 12 I J. "Wireless communication facilities" means the same as given in MMC 13 20.12.240. SMP Attachment A Revised 14 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Chapter 20.61 Shoreline Environment Designations Sections: 20.61.010 Establishment of shoreline environment designations. 20.61.020 Shoreline jurisdiction and shoreline map. 20.61.030 Residential environment 20.61.040 Urban conservancy environment. 20.61.050 Aquatic environment. 20.61.060 Transportation environment. 20.61.010 Establishment of shoreline environment designations. Medina's shoreline is divided into the following shoreline environment designations based upon the designation criteria prescribed by this chapter: A. Residential; B. Urban Conservancy; C. Transportation; and D. Aquatic. 20.61.020 Shoreline jurisdiction and shoreline map. The Shoreline Environment Designation Map set forth in Figure 20.61.020 is a graphic representation of Medina's shorelines regulated by the shoreline master program and shall serve as the official shoreline map assigning shoreline environment designations to properties subject to the following: A. The boundaries depicted on the map are approximate location and extent of the shoreline jurisdiction with additional site -specific evaluation required to confirm and/ or verify actual boundaries of the shoreline jurisdiction; and B. Property lines shall be used for interpreting the boundaries of the shoreline environment designations, except for the aquatic environment, which is interpreted using the ordinary high water line. 20.61.030 Residential environment. A. Purpose. 1. The purpose of the Residential environment designation is to accommodate single- family residential development and appurtenant structures that are consistent with shoreline master program. 2. A secondary purpose is to provide, where appropriate, public access and recreational uses. B. Designation Criteria. 1. Areas designated Residential on the shoreline map includes those areas adjacent to Lake Washington that are zoned residential and developed with single-family residences or vacant, and where single-family residences are anticipated to continue in the future. 2. This designation shall apply to areas that are upland from the ordinary high water remark. SMP Attachment A Revised 15 of 90 Attachment A Exhibit B 1 20.61.040 Urban conservancy environment. 2 3 A. Purpose. The purpose of the Urban Conservancy environment designation is to protect and 4 restore shoreline ecological functions of open space and other sensitive lands while allowing 5 a variety of compatible uses. 6 B. Designation Criteria. Areas designated Urban Conservancy on the shoreline map are areas 7 appropriate and planned for development that is compatible with maintaining or restoring 8 shoreline ecological functions of the area, which are not generally suitable for water- 9 dependent uses, where any of the following characteristics apply: 10 1. They are suitable for water -related or water -enjoyment uses; 11 2. They are open space, flood plain or other sensitive areas that should not be more 12 intensively developed; 13 3. They have potential for ecological restoration; 14 4. They retain important shoreline ecological functions, even though partially developed; or 15 5. They have the potential for development that is compatible with ecological restoration. 16 C. Locations. Areas designated as Urban Conservancy include: 17 1. Medina Beach Park landward of the ordinary high water mark; 18 2. Lake Lane (Fairweather Bay off of N.E. 78th Place) landward of the ordinary high water 19 mark; 20 3. South end of 84th Avenue N.E. landward of the ordinary high water mark near View Point 21 Park; 22 4. Privately -owned, joint -use shoreline recreational lots, including: 23 a. Recreation Tract X conveyed by Lynn Short Plat; 24 b. Park Tracts B and C of Lake Crest Park Division 2 (73rd Avenue N.E.); 25 c. Tract A of Edgecliff Plat; 26 d. Parcel 194230-0044, Dehn's Addition Vacated; 27 e. Conservation Tract (1000 Block of Evergreen Point Road); 28 f. Community Beach and Road Tract (7700 Block of Overlake Drive West); 29 5. Areas not otherwise designated with a shoreline environment designation. 30 31 20.61.050 Aquatic environment. 32 33 A. Purpose. The purpose of the Aquatic environment designation is to protect, restore, and 34 manage the unique characteristics and resources of the areas waterward of the ordinary 35 high water mark. 36 B. Designation Criteria. All areas including and waterward of the ordinary high water mark are 37 designated as Aquatic environment. 38 39 20.61.060 Transportation environment. 40 41 A. Purpose. The purpose of the Transportation environment designation is to accommodate 42 the infrastructure necessary for the SR 520 floating bridge and highway. A secondary 43 purpose is to ensure those areas not needed for ongoing operations are considered for 44 potential public access and habitat enhancement uses. 45 B. Designation Criteria. Areas designated Transportation on the shoreline map and are owned 46 by Washington State Department of Transportation for the use and associated uses of State 47 Route 520. 48 49 SMP Attachment A Revised 16 of 90 Attachment A Exhibit B Figure 20.61.020: Shoreline Envil Designation * North Medina Shoreline E Designatio ❑ = Residential ®= Urban Conserv; ®= Transportation Waterward OHWM = f SMP Attachment A Revised 17 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Chapter 20.62 Shoreline Use Regulations Sections: 20.62.010 Applicability. 20.62.020 Permitted uses, prohibited uses. 20.62.030 Use table. 20.62.010 Applicability. This chapter applies to specific uses and types of development that typically occur in shoreline areas. This chapter is applied in conjunction with other provisions found elsewhere in the shoreline master program. 20.62.020 Permitted uses, prohibited uses. Uses within the shoreline jurisdiction are subject to the following: A. Uses listed with a "P" in Table 20.62.030 are permitted, subject to a substantial development permit or shoreline exemption; B. Uses listed with a "CU" in Table 20.62.030 are conditionally permitted, subject to approval of a shoreline conditional use permit; C. Uses listed with an "X" in Table 20.62.030 are prohibited; D. Uses not listed in the table, may be authorized as a conditional use provided the review criteria in WAC 173-27-160, as hereafter amended, are satisfied; E. Review procedures for deciding project permits are found in Chapters 20.8020.70 through 20.72 MMC. 20.62.030 Use table. Table 20.62.030 establishes those uses which are permitted, those uses requiring special approval, and those uses that are prohibited within each shoreline environment designation. Table 20.62.030 Shoreline Use Table* c � _ _ o Shoreline Use — _ L .a _ .0 m a a 0 ` H Residential Use Accessory dwelling unit P P X X Accessory buildings/ uses located on the same lot as a single-family dwelling other than P P X X specifically listed in the table Adult family home P P X X Detached single-family dwelling P P X X Manufactured home P P X X Multi -family dwellings 2 attached units or more X X X X SMP Attachment A Revised 18 of 90 Attachment A Exhibit B Commercial Use Accessory home business P P X X Water -oriented uses other than specifically listed X X X X in the table Non -water -oriented uses other than specifically X X X X listed in the table Industrial Uses Water -oriented uses X X X X Non -water -oriented uses X X X X Transportation & arking Uses Parking facilities — primary X X X X Parking facilities — accessory Same as the priiimary use it supports Local transportation including roads, bicycle and pedestrian facilities related to permitted shoreline P P X P activity State transportation facilities including bridge and X X Cu Cu associated support facilities Utilities Solid waste disposal, transfer sites, electrical X X X X substations and similar primary utility facilities Local public water, electrical, natural gas distribution, public sewer collection, cable and P P Cu P telephone distribution, and associated appurtenances Alternative energy facilities - accessory to a P P Cu P permitted use Wireless communication facilities X P X P Resource Land Agricultural activities X X X X Aquaculture other than those specifically listed in X X X X the table A uaculture — accessory P P P P Forest practices X X X X Mining X X X X Recreational Uses Public parks and associated park improvements P P X P landward of the ordinary high water mark Public piers and docks P P P P Public swimming beach and public recreational P P P P uses Any water -enjoyment recreational development CU Cu CU Cu other than those specifically listed in the table Non -water -oriented recreational development X X X X Boating Uses & Facilities Boat launch motorized/ non -motorized X Cu Cu Cu Boathouse X X X X Buoys for vessel moorage X X X X Buoys not for vessel moorage P P P P Launching Rails X X X X SMP Attachment A Revised 19 of 90 Attachment A Exhibit B Marina all X X X X Moorage, dock space, buoys and other facilities X X X X for float lanes and helicopters Piers, docks, boat lifts, moorage pilings and P P P P covered moorage Temporary moorages used for vessels P P P P supporting construction activity Shoreline Modifications Breakwaters/ jetties/ rock weirs/ groins X CU CU CU Breakwaters/ jetties/ rock weirs/ groins used with P P P P restoration activities — — — — Dredging for maintenance of existing private or P P P P public moorage Maintenance dredging of established navigation P P P P channels and basins Dredging establishing, expanding, or relocating P P P P or reconfiguring navigation channels and basins Dredging for fill material associated with MTCA or P P P P CERCLA habitat restoration project Dredging for fill material with other significant CU CU CU CU habitat enhancement project Dredging other than those specifically listed in X X X X the table Fill waterward of the ordinary high water 4Re CU CU CU CU mark Fill waterward of the ordinary high water Iine mark which is part of an environmental P P P P restoration plan or required mitigation Land surface modification P P P P Shoreline habitat and restoration activities P P P P Shoreline stabilization P P P P Miscellaneous Uses Accessory noncommercial horticultural activities P P X P City government facilities CU P X P Non -water -oriented uses other than those X X X X specifically listed in the table Scientific, historical, cultural, or educational uses P P P P Trams providing access in steep slope areas P P X P Trams other than specifically listed in the table X X X X �--i *See explanation of "P", ICU" and "X" in MMC 20.62.020 SMP Attachment A Revised 20 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Chapter 20.63 Shoreline General Development Standards Sections: 20.63.010 General provisions. 20.63.020 Maximum impervious surface. 20.63.030 Shoreline setbacks from Lake Washington. 20.63.040 Maximum height. 20.63.050 Development standards for divisions of land and lot line adjustments. 20.63.010 General provision. A. The requirements in this chapter apply when a property owner or their representative initiates new development or redevelopment on their property. B. Existing uses and/ or conditions not in compliance with the requirements of this chapter may continue unaffected subject to the limitations for nonconformity prescribed by the shoreline master program. 20.63.020 Maximum impervious surface. A. The total impervious surface on a lot, including structures, shall not exceed the standards set forth in Table 20.63.020. B. The pertinent maximum impervious surface standard is determined based upon the lot area in Table 20.63.020 and the corresponding shoreline environment designation. C. Compliance with maximum impervious surface is determined as a percentage using the total impervious surface on the lot divided by the lot area including lot areas outside of the shoreline jurisdiction. 20.63.030 Table 20.63.020 Maximum Impervious Surface m 24 v� 0 Lot Area L (Square feet) 0 ._ N $. U c♦ a V L 16,000 and less 55.0% 30% Not Applicable 80% 16,001 to 29,999 52.5% 30,000 and greater 50.0% Shoreline setbacks from Lake Washington. This section establishes the minimum shoreline setback requirements from Lake Washington. A. Shoreline setbacks shall be determined in the following manner: 1. Where the map in Figure 20.63.030(A) designates a 30-foot shoreline setback, the minimum setback shall be 30 feet; 2. Where the map in Figure 20.63.030(A) designates a 30-foot shoreline setback with enhancements, the minimum setback shall be: a. 30 feet if enhancements set forth in MMC 20.63.030(F) are provided; or SMP Attachment A Revised 21 of 90 Attachment A Exhibit B 1 b. 50 feet if enhancements set forth in MMC 20.63.030(F) are not provided; 2 3. Where the map in Figure 20.63.030(A) designates a 50-foot shoreline setback, the 3 minimum setback shall be 50 feet; 4 4. Where the map in Figure 20.63.030(A) designates a stringline setback, the minimum 5 setback shall be the distance to the stringline established pursuant to MMC 6 20.63.030(D); and 7 5. Exceptions to shoreline setbacks are allowed pursuant to MMC 20.63.030(C); 8 B. The shoreline setback is measured as: 9 1. The distance between the ordinary high water line to the closest point of any part of a 10 building or structure; and 11 2. The measurement is taken on a horizontal plane landward from the ordinary high water 12 line in the direction that results in the greatest distance of the building or structure being 13 setback from the ordinary high water line. 14 C. The following structures are allowed to protrude into a shoreline setback provided the 15 structure is constructed and maintained in a manner where adverse 16 impacts to shoreline ecological functions are avoided, or if that is not possible, the impacts 17 are minimized and then mitigated for: 18 1. Pedestrian walkways, provided the total impervious surface is the minimum reasonably 19 necessary to provide access to the shoreline; 20 2. Those parts of water -dependent development that require improvements to be adjacent 21 to the water's edge, such as boat ramps and similar structures, but not including 22 cabanas, changing rooms, covered patios, or similar types of sheltered structures; 23 3. Facilities for public access to the water and similar water -enjoyment recreational uses; 24 4. Utilities which are located underground, except as required otherwise by Chapter 20.67 25 MMC, and are accessory to a shoreline use; 26 5. Bio-retention swales, rain gardens, and other similar bio-retention systems that allow 27 filtration of water through vegetation; 28 6. Infiltration systems for surface water, such as vaults and similar structural improvements, 29 where installation occurs as far from the ordinary high water line as feasible; 30 7. Uncovered decks and patios provided: 31 a. No part of the structure exceeds 30 inches in height above the existing grade; 32 b. No part of the structure is sleseFless than 30 feet from the ordinary high water line 33 provided;_ 34 i. Native vegetation is planted at a 1:1 ratio of the net increase in new surface area 35 of all decks, patios, and similar improvements located less than 50 feet from the 36 ordinary high water line: and 37 ii. The planting plan is consistent with the requirements in MMC 20.63.030(F)(1)(a) 38 and (b): or 39 iii. An alternative planting plan may be accepted provided the plan is consistent with 40 the requirements in MMC 20.63.030(F)(2): 41 c. Total surface area does not exceed 500 square feet inside of the setback area for all 42 decks, patios and similar improvements; 43 d. Materials allow water to easily pass through to the ground (example: wood decking 44 with gaps between the boards and pervious ground surface below); and 45 e. Within the 70 to 125-foot stringline setback area, the requirements set forth in MMC 46 20.63.030(C)(7)(b) and (c) n4ay-beare modified to allow uncovered decks and patios 47 to: 48 i. Protrude into the shoreline setback area provided no part of the structure is 49 closer than 50 feet from the ordinary high water line; and 50 ii. The total surface area of decks, patios and similar improvements inside of the 51 setback area does not exceed 15 percent of the total shoreline setback area; SMP Attachment A Revised 22 of 90 Attachment A Exhibit B 1 8. Small outdoor fire pits, picnic tables, benches and similar recreational features; 2 9. Fences and walls, which are erected consistent with zoning requirements (substituting 3 rear property line setback with shoreline setback requirements) provided: 4 i. It does not interfere with shoreline vegetation required for mitigation; 5 ii. It does not act as a shoreline stabilization measure; 6 10. Essential public facilities that are water -dependent and must cross the shoreline; and 7 11. Legally established shoreline stabilization measures. 8 D. Where the map in Figure 20.63.030(A) designates a stringline setback: 9 1. A stringline is established by drawing a straight line between the two points where the 10 primary single-family dwelling on each of the adjoining shoreline lots each projects the 11 greatest towards and is the closest to the ordinary high water line, including attached 12 structures (e.g., decks or stairs) that are 30 inches in height or greater above the existing 13 grade; and 14 2. The minimum shoreline setback is the distance between the stringline and the ordinary 15 high water line (see diagram in Figure 20.63.030(D); and 16 3. If the map in Figure 20.63.030(A) designates a 30- to 50-foot stringline setback: 17 a. Where the stringline is closer than 30 feet, the minimum setback from the ordinary 18 high water line shall be 30 feet; 19 b. Where the stringline is greater than 50 feet, the maximum setback required from the 20 ordinary high water line shall be 50 feet; or 21 4. If the map in Figure 20.63.030(A) designates a 70- to 125-foot stringline setback: 22 a. Where the stringline is closer than 70 feet, the minimum setback from the ordinary 23 high water line shall be 70 feet; 24 b. Where the stringline is greater than 125 feet, the maximum setback required from the 25 ordinary high water line shall be 125 feet; 26 5. If a stringline cannot be established because an adjoining shoreline lot does not contain 27 a single-family dwelling within the shoreline jurisdiction, the following shall apply: 28 a. The shoreline setback shall be 25 percent of the lot depth, subject to the setback 29 limitations set forth in MMC 20.63.030(D)(3) and (4); and 30 b. For the purpose of this provision: 31 i. The lot depth is established by measuring the distance between the ordinary high 32 water line where the land extends the greatest waterward and the boundary line 33 of the lot farthest from the ordinary high water line; and 34 ii. The resulting setback is applied in the same manner as prescribed in MMC 35 20.63.030(B); 36 6. Where more than one point of a primary dwelling is equally closest to the ordinary high 37 water line, the property owner subject to the stringline setback may choose which point 38 to draw the stringline from; 39 40 SMP Attachment A Revised 23 of 90 Attachment A Exhibit B 1 Figure 20.63.030(D) Stringline Setback Diagram 2 3 Lake Washington Ordinary High 4 Water Line 5 6 i Closest i 7 Point ! i I Setback Closest 8 i Area j Point 9 i Deck i 10 I I 11 12 ! i Stringline i - - - _ _ _ _ _, Roof/ Gutter 13 ' I I I 14 I------- 15 i Primary 16 i Dwelling 17 18 i Primary 19 I ! 20 Lot Line Dwelling 21 22 E. Shallow lot exception. 23 1. Where a lot has the following conditions, the requirements set forth in this section may 24 be _applied in lieu of the setback requirements set forth in MMC 20.63.030(A) and 25 26 . 27 a. The depth of the lot is less than 150 feet; and 28 b. The net buildable area of the lot is 8,200 square feet or less. 29 2. For the purposes of this PFGY06section, the depth of the lot shall be determined by: 30 a. Measuring the distance of a horizontal line drawn midway between the side property 31 lines between the ordinary high water line and the front lot line; and 32 b. If the lot is irregular in shape, or has fewer than two side lot lines, the midway will be 33 determined in the most reasonable manner based on the lot lines that intersect the 34 ordinary high water line. 35 3. For the purpose of this section, Tthe net buildable area is the area is determined by the 36 area of a lot contained within the setback limits where buildings and structures may be 37 placed, excluding any critical areas that are unbuildable. 38 4. The setback shall be a minimum 30 feet between the nearest point of the buildings and 39 structures from the ordinary high water line. 40 5. Vegetation enhancements shall be provided meeting the requirements in MMC 41 20.63.030(F)(1) and (2). 42 6. This section shall not apply to shallow lots that are located within the 30- to 50-foot 43 stringline setback set forth in MMC 20.63.030(A)(4) and MMC 20.63.030(D)(3). 44 F. Whereenhancements for a 30-foot setback are specified by 45 this chapter, the following shall be implemented: 46 1. Install a riparian vegetative planting area in accordance with the following (see diagram 47 in Figure 20.63.030(F)(1)): 48 a The planting area shall extend along the near -shore frontage of the lot adjoining the 49 water; SMP Attachment A Revised 24 of 90 Attachment A Exhibit B 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 b. The average width of the planting area, measured from the ordinary high water line shall be a minimum of 10 feet with no width measurement less than five feet; c. The total square footage of the planting area shall be equal to or greater than a continuous 10-foot wide area multiplied by the length of the near shore frontage; d_At least 75 percent of the planting area square footage shall be covered by vegetation; de. Installation of plants shall consist of any combination of native species, including trees, shrubs and groundcover, with at least 50 percent of the square footage area planted with vegetation other than grasses SUGh as shrubs and- bwshasq[qgndcover; e-f Plantings shall be installed at densities appropriate for the plant species to achieve the required ground coverage and shall be designed to improve habitat functions; g_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 allowed hard surfaced hafdened-walkways; hh .The City will accept existing native trees, shrubs, and groundcover as meeting the requirements of this section, including vegetation installed previously as part of a prior development activity provided: i. New native vegetation is planted within the setback area that covers additional surface area equal to or greater than the square footage and density requirements set forth in MMC 20.63.03O(F)(c) and (f); and ii. The total square footage of new plantings plus the existing native plants is not required to exceed the total square footage of the entire shoreline setback area; and iii. The City may require additional vegetation to be planted within the setback area to supplement existing vegetation where the City determines it is necessary to improve shoreline ecological functions. Figure 20.63.030(F)(1) Planting Area Diagram i Lake Washington Ordinary High Average Width >_ 10 feet Water Line i i 75% Native 25% Non -Native i i Species Species/ Other 2. In lieu of the planting requirements set forth in MMC 20.63.030(F)(1), the City shall accept an alternative planting plan provided: a. The alternative planting plan shall provide at least as effective protection of shoreline ecological functions as the required planting plan; b. The alternative planting plan is prepared by a qualified professional who can verify the equivalent protection of shoreline ecological functions; and SMP Attachment A Revised 25 of 90 Attachment A 7 1 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 c. See Figure 20.63.030(F)(2) for an illustration of an alternative planting plan; Figure 20.63.030(F)(2) Alternative Planting Area Lake Washington Ordinary High Water I I Line I I I j i Q = Planting Areas i i Note: Alternative must provide equivalent ecological functions i protections 3. The use of artificial chemicals including pesticides, herbicides and fertilizers shall be prohibited (organic plant treatments are acceptable) within the shoreline setback area; 4. The shoreline enhancements required under this subsection are in addition to shoreline enhancements and/ or mitigation measures required elsewhere in the shoreline master program to obtain a permit approval from the City; 5. All planting plans shall be prepared by a qualified professional and submitted to the City for approval consistent with the requirements of this Subsection; 6. All planting plans must include maintenance and monitoring provisions, including, but not limited to the following: a. An outline of the schedule for site monitoring; b. Performance standards including, but not limited to, 100 percent survival of newly planted vegetation within the first two years of planting, and 80 percent for years three or more; c. Contingency plans identifying courses of action and any corrective measures to be taken if monitoring or evaluation indicates performance standards have not been met; d. The period of time necessary to establish that performance standards have been met; not to be less than three years; 7. After shoreline enhancements are completed: a. The final approved setback and corresponding conditions shall be recorded at the King County Recorder's Office; and b. The document for recording shall meet state and King County recording requirements with evidence of the recording submitted to the City; and 8. The City may require a financial security pursuant to MMC 20.66.120 as a guarantee that the enhancements, maintenance and monitoring are completed to the satisfaction of the City. 20.63.040 Maximum height. A. Table 20.63.040 establishes the maximum height of structures permitted within each shoreline environment designation as it corresponds to the zoning district where the structure is located. SMP Attachment A Revised 26 of 90 Attachment A Exhibit B 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C n Table 20.63.040 Maximum Heiaht >+ o Zoning District �_ °Q 0 0 L H R-16 District 30 feet 30 feet Per approval of R-20 District 35 feet 35 feet R-30 District 35 feet 35 feet See MMC 20.63.040(C) a Conditional Use Permit Parks & Public Places 35 feet 35 feet Primary State Highway Not applicable Other Zoning Districts Not applicable In addition to the height requirements in Table 20.63.040, structures landward of the ordinary high water 4p,&-mark are subject to the height limitations of the zoning district where the structure is located. The height of all structures within the Aquatic environment designation shall be the minimum necessary for the proposed use, except as provided otherwise by law. The maximum height in Table 20.63.040 shall not apply to: 1. Communication antennas; 2. Chimneys; 3. Flag poles; 4. Temporary structures utilized during construction; and 4. Similar appurtenances identified in this subsection, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines. 20.63.050 Development standards for divisions of land and lot line adjustments. This section shall only apply to lots located in part or in whole within the shoreline jurisdiction and which are being divided or having lot lines adjusted after (effective date of the ordinance). A. The following lot standards shall apply: 1. Minimum net lot area: a. Table 20.63.050(A)(1) prescribes the minimum lot area for lots in each shoreline environment as it corresponds to the zoning district where the lot is located: SMP Attachment A Revised 27 of 90 Attachment A Exhibit B I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2. Table 20.63.050(AI(11 Minimum Net Lot Area c M —cc C o Zoning District L -tea mac oa N� a c♦ V L R-16 District 16,000 square feet Not Applicable Not Applicable R-20 District 20,000 square feet None R-30 District 30,000 square feet Not Parks & Public Places None Applicable Primary State Highway Not Applicable None Other Zoning Districts Not applicable b. The net lot areas in Table 20.63.050(A)(1) include land areas within the boundaries of the lot outside of the shoreline jurisdiction; c. Minimum net lot area shall not apply to tracts of land restricted to providing shared or public shoreline access, ingress and egress, or tracts of land set aside to preserve and protect natural areas or critical areas; and d. The high bank steep slope exception set forth in MMC 17-4$.07020.22.020(D) shall not apply to lots located within the shoreline jurisdiction. Minimum water frontage/ lot width: a. Table 20.63.050(A)(2) prescribes the minimum water frontage and lot width requirements for lots in each shoreline environment as it corresponds to the zoning district where the lot is located: Table 20.63.050(Al(2) Minimum Water Frontaae/ Lot Width _ o Zoning District '— C L Z o Q U ♦0♦ V L R-16 District 55 feet 55 feet Not Applicable Not Applicable R-20 District 75 feet 75 feet None R-30 District 95 feet 120 feet Not Applicable Parks & Public Places Not 120 feet A licable Primary State Highway Not applicable None Other Zoning Districts Not applicable SMP Attachment A Revised 28 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 b. Lot width is measured as the mean horizontal distance between the side lot lines where the building envelope is located, except were a lot is irregularly shaped (i.e. less than two side lot lines) the lot width may be determined using lot lines corresponding to the longer dimensions of the lot; c. Water frontage is measured in the following manner (see diagrams in Figure 20.63.050(A)): i. The two property lines intersecting the ordinary high water line shall be continued waterward in a straight line; and ii. A centerline bisecting equal distances between the two property lines shall be established; and iii. A straight line perpendicular to the centerline shall be drawn between the two property lines with at least one end of the straight line affixed to a point where the ordinary high water line intersects one of the property lines; and iv. The water frontage shall be measured as the length of the straight line created in MMC 20.63.050(A)(2)(c)(iii). Figure 20.63.050(A) Measuring Water Frontage Water Frontage Intersection property lin ordinary high water line Property Line Centerline Water Frontage Intersection property line/ 90' ordinary high water line k Centerline Property Line i i d. If a lot, as a result of an action under this Section, will no longer adjoin Lake Washington, the minimum water frontage requirement w"oes not apply. B. The following exceptions to the lot standards in MMC 20.63.050(A) are allowed: 1. Minimum net lot area: A lot line adjustment may be approved with lots having less than the minimum net lot area provided: SMP Attachment A Revised 29 of 90 Attachment A Exhibit B 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2 3 a. At least one of the existing lots has less than the required net lot area set forth in Table 20.63.050(A)(1); and b. The final lot configuration will neither cause an existing lot to have less than the existing substandard net lot area nor cause an existing lot having the required lot area to have less than the required minimum net lot area; or c. If two or more existing lots have less than the required net lot area set forth in Table 20.63.050(A)(1), then the final lot configuration can include more than one lot having less than the required net lot area provided: i. Only one substandard lot in the final configuration has its net lot area reduced to less than its existing lot area; and ii. The reduced net lot area is not less than that of the existing smallest lot; and iii. The number of lots having less than the required net lot area is not increased in the final lot configuration. Minimum water frontage: A lot line adjustment or a division of land may be approved with less than the required water frontage provided: a. At least one of the existing lots has less than the required water frontage set forth in Table 20.63.050(A)(2); and b. The final lot configuration will neither cause an existing lot adjoining the lake to have less than the existing substandard water frontage nor cause a lot having the required water frontage to have less than the required minimum water frontage; or c. If two or more existing lots have less than the required water frontage set forth in Table 20.63.050(A)(2) then the final lot configuration can include more than one lot adjoining the lake having less than the required water frontage provided: 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_, � In addition to MMC 20.63.050(B)(2), any lot line adjustment or division of land may be approved having lots with less than the required water frontage set forth in Table 20.63.050(A)(2) provided: a. The purpose of the action is to promote passive recreational use of the shoreline; b. All future in -water development and structures and all development and structures within 50 of the ordinary high water line are prohibited, except: i. Development and structures associated with wildlife habitat restoration and/ or enhancements; and ii. Stormwater drainage pipes and outfalls, underground utilities, and small uncovered outdoor fire pits, picnic tables, and benches; c. All existing in -water structures and structures within 50 feet of the ordinary high water line on the property are removed, except i. Improvements associated with wildlife habitat enhancements; ii. Stormwater drainage pipes and outfalls, underground utilities, and small outdoor fire pits, picnic tables, and benches; iii. Authorized shoreline stabilization measures; d. A deed restriction prohibiting future development consistent with MMC 20.63.050(B)(3)(b) is placed upon the property and recorded with King County Records Office with evidence of the deed restriction submitted to the City; e. The lot line adjustment or division of land does not cause another lot adjoining the lake to have less than the required water frontage. SMP Attachment A Revised 30 of 90 Attachment A Exhibit B 1 4. Minimum net lot area and water frontage requirements prescribed by this subsection 2 shall not apply to lots permanently eliminated through a lot consolidation action. 3 C. In addition to the requirements prescribed in this Section, lot line adjustments and divisions 4 of land must also comply with other applicable provisions of the shoreline master program 5 and other applicable provisions of the Medina Municipal Code. SMP Attachment A Revised 31 of 90 Attachment A Exhibit B Figure 20.63.030(A): Shoreline Setbacks SMP Attachment A Revised 32 of 90 Attachment A Exhibit B 1 Chapter 20.64 2 Use Specific Shoreline Development Standards 3 4 Sections: 5 20.64.010 Residential development. 6 20.64.020 Recreational development. 7 20.64.030 Community boating facilities. 8 20.64.040 City government facilities. 9 20.64.050 Transportation facilities. 10 20.64.060 Utilities. 11 20.64.080 Signage. 12 20.64.090 Trams. 13 14 20.64.010 Residential development. 15 16 The following requirements apply to residential development: 17 A. Residential development is permitted pursuant to the use table set forth in MMC 20.62.030; 18 B. Residential development shall comply with the policies and regulations for the specific 19 shoreline environment designation, applicable development regulations, and the general 20 shoreline regulations prescribed in Chapter 20.66 MMC; 21 C. Overwater residential development such as houseboats and live -aboard vessels are 22 prohibited; 23 D. Fences shall not extend waterward of the ordinary high water line—: and 24 E. Where a single lot has more than one detached single-family dwelling located within the 25 shoreline jurisdiction, each single-family dwelling within the shoreline jurisdiction beyond the 26 first single-family dwelling shall have a shoreline setback of at least 50 feet or as prescribed 27 in MMC 20.63.030, whichever setback distance is greater. 28 29 20.64.020 Recreational development. 30 31 The following requirements apply to recreational development for public use including passive 32 facilities for walking, viewing, and fishing, and active facilities for swimming, boating, and other 33 outdoor recreational uses: 34 A. Recreational development is permitted pursuant to the use table set forth in MMC 35 20.62.030; 36 B. Recreational development shall comply with the policies and regulations for the specific 37 shoreline environment designation, applicable development regulations, and the general 38 shoreline regulations prescribed in Chapter 20.66 MMC; 39 C. Recreational development shall make adequate provisions for the following: 40 1. Access for pedestrian and bicycles; 41 2. Landscaping, fencing or similar amenities that prevents trespassing onto adjacent 42 properties; 43 3. Signage; 44 4. Measures that protect and/ or restore environmentally sensitive areas and assure no net 45 loss of shoreline ecological functions and processes pursuant to the analysis in MMC 46 20.66.010; and 47 5. Other measures, as necessary, to minimize adverse impacts on adjacent properties; 48 D. Shoreline areas with specific valuable shoreline ecological functions, such as a designated 49 wildlife habitat conservation area, shall be used only for non -intensive recreational activities 50 that do not involve the construction of structures, except as necessary for wildlife habitat 51 restoration; SMP Attachment A Revised 33 of 90 Attachment A Exhibit B 1 E. Boat launching facilities may be developed pursuant to the use table set forth in MMC 2 20.62.030, however, such facilities shall be separated from swimming areas and be 3 developed consistent with the requirements in MMC 20.64.030(C); and 4 F. New or expanded recreational development shall provide public access pursuant to MMC 5 20.66.040, where feasible. 6 7 20.64.030 Community boating facilities. 8 9 The following requirements apply to public facilities, and private and semi -private community 10 boating facilities that serve five or more single-family dwellings: 11 A. Boating facilities must be located and designed to: 12 1. Avoid or minimize impacts to shoreline ecological functions; 13 2. Not block, obstruct or make dangerous designated public shoreline access; 14 3. Not significantly impact views of nearby residential properties; 15 4. Limit overwater coverage to the minimum necessary to accommodate anticipated 16 demand; 17 5. Result in minimum shoreline stabilization being necessary to protect the facility; 18 6. Follow the standards in Chapter 20.65 MMC (Shoreline Modifications), as applicable; 19 and 20 7. Not result in a net loss of shoreline ecological functions or other significant adverse 21 impacts. 22 B. Boat launches requirements: 23 1. All boat launches shall comply with regulations stipulated by state and federal agencies 24 or other agencies with jurisdiction; 25 2. The length of a boat launch shall be the minimum necessary to safely launch the 26 intended craft; 27 3. In no case shall the ramp of a boat launch extend beyond where the water depth is 6 28 feet below the low high water line for Lake Washington, except where the City 29 determines a greater depth is necessary for boats launching at a public facility; 30 4. Design requirements: 31 a. A boat launch designed for non -motorized boats shall be constructed using gravel or 32 other similar natural material; or 33 b. A boat launch designed for motorized boats shall be constructed using any of the 34 following, listed in order of preference: 35 i. Open grid design with minimum coverage of lake substrate; 36 ii. Seasonal ramps that can be removed and stored upland; and/ or 37 iii. Structures with segmented pads and flexible connections that leave space for 38 natural beach substrate and can adapt to changes in shoreline profile; 39 c. As an alternative, a less impactful design approved by state agencies may be 40 accepted by the City. 41 42 20.64.040 City government facilities. 43 44 The following requirements apply to Medina government facilities: 45 A. City government facilities, including accessory uses, shall be permitted pursuant to the use 46 table set forth in MMC 20.62.030; and 47 B. City government facilities shall comply with the policies and regulations for the specific 48 shoreline environment designation, applicable zoning regulations, and the general shoreline 49 regulations in Chapter 20.66 MMC. 50 51 SMP Attachment A Revised 34 of 90 Attachment A Exhibit B 20.64.050 Transportation facilities. 3 The following requirements apply to local and state transportation facilities: 4 A. Local and state transportation facilities are permitted pursuant to the use table set forth in 5 MMC 20.62.030. 6 B. All transportation facilities shall comply with the policies and regulations for the specific 7 shoreline environment designation, and the general shoreline regulations in Chapter 20.66 8 MMC. 9 C. The following standards are specific to transportation facilities: 10 1. Transportation facilities shall be limited to existing transportation corridors; 11 2. All new and expansion of existing transportation facilities must meet the following 12 conditions: 13 a. No reasonable alternative locations for the transportation facility are feasible; 14 b. The construction and maintenance of the transportation facility will have the least 15 adverse impact on the shoreline area and shoreline ecological functions; and 16 c. The transportation facility is necessary for the public interest. 17 3. Except for transportation facilities designated under RCW 47.05.022 as highways of 18 statewide significance (e.g., State Route 520), the construction of new roads shall be the 19 minimum necessary to support permitted shoreline uses; 20 4. Highways of statewide significance shall be designed consistent with federal and state 21 agency approvals; 22 5. All transportation facilities within the shoreline area shall be designed to minimize 23 impacts to wildlife habitat and allow fish passage where applicable; 24 D. Construction and maintenance of transportation facilities: 25 1. All debris and other waste materials shall be disposed of in such a way as to prevent 26 their entry into any water body; 27 2. Areas disturbed by construction and maintenance activities shall be replanted and 28 stabilized with approved riparian vegetation immediately upon completion of the activity. 29 The vegetation shall be maintained until established; 30 3. Mechanical means should be utilized to the greatest extent feasible instead of herbicides 31 for roadside brush control; and 32 4. Drainage and surface water runoff shall be controlled so that pollutants will not be 33 carried into water bodies; 34 E. Transportation and utility facilities shall be required to make joint use of rights -of -way, and to 35 consolidate crossings of water bodies to minimize adverse impacts to the shoreline; 36 F. Street ends and right-of-way abutting Lake Washington and located within the shoreline 37 jurisdiction are prohibited from being vacated, unless the vacation enables the City to 38 implement a plan that provides comparable or improved public access to the same shoreline 39 pursuant to RCW 35.79.035; and 40 G. Public street ends that abut Lake Washington shall be used for public access or recreational 41 purposes. 42 43 20.64.060 Utilities. 44 45 The following requirements apply to utilities within the shoreline jurisdiction: 46 A. Utilities are allowed pursuant to the use table set forth in MMC 20.62.030; 47 B. All utilities shall comply with the policies and regulations for the specific shoreline 48 environment designation, and the general shoreline regulations in Chapter 20.66 MMC; 49 C. Local public water, electrical, natural gas distribution, public sewer collection, cable and 50 telephone distribution that are accessory and incidental to a permitted shoreline use shall be 51 reviewed under the shoreline use to which the utilities are accessory; SMP Attachment A Revised 35 of 90 Attachment A Exhibit B 1 D. Regional utility facilities involved in production, processing and transmission shall be located 2 outside of the shoreline jurisdiction unless no other feasible option exists; 3 E. Where it is not feasible to locate regional utility facilities outside of the shoreline jurisdiction, 4 they shall be placed so as to not adversely impact shoreline ecological functions or obstruct 5 views of a significant number of nearby residential properties; 6 F. Utilities, which are not accessory and incidental to a permitted shoreline use, must make use 7 of existing rights -of -way or utility easement corridors whenever possible and should avoid 8 duplication and construction of new utility corridors within the shoreline jurisdiction; 9 G. New utility corridors may be authorized only if it can be demonstrated that the existing 10 routes are not feasible; 11 H. Whenever feasible, utility lines, pipes, conduits, cables, meters, vaults, and similar 12 infrastructure and appurtenances shall be placed underground to the maximum extent 13 feasible; 14 I. The location and construction of outfalls shall comply with appropriate federal, state, county 15 and city regulations; 16 J. Natural drainage systems shall be maintained, enhanced and restored to protect water 17 quality, reduce flooding, reduce public costs and prevent associated environmental 18 degradation for a no net loss of shoreline ecological functions; and 19 K. Wireless communication facilities are permitted pursuant to the use table in MMC 20.62.030, 20 the zoning requirements set forth in Chapter 1714020.37 MMC, and provided they do not 21 obstruct the views of Lake Washington of a substantial number of nearby residences. 22 23 20.64.070 Signage. 24 25 In addition to the requirements for signs found in the zoning regulations, the following 26 requirements shall apply to signage located within the shoreline jurisdiction: 27 A. Signs shall be located in a manner not to significantly interfere or block views of Lake 28 Washington from nearby properties; 29 B. Permanent signs erected within a residential environment designation shall not exceed a 30 maximum of two square feet in sign area (face of the sign containing the message, logo or 31 other identification); 32 C. Properties with a residential environment designation shall be limited to not more than one 33 permanent sign for each dwelling unit, except this limitation shall not apply to signs related 34 to water navigation, signs necessary for operation, safety and directions, or signs solely 35 displaying the address of a residence; 36 D. Signs shall be affixed to a pier or be wall -mounted; 37 E. Free-standing signs are prohibited, except one free-standing temporary real estate sign may 38 be allowed; 39 F. Signage lighting shall be limited to a low -wattage external light source that does not direct 40 lighting towards neighboring properties or Lake Washington; and 41 G. Except where allowed in MMC 20.64.070(F), other forms of signage lighting are prohibited; 42 and 43 H. Address numbering and letters shall meet fire code requirements. 44 45 20.64.080 Trams. 46 47 The following requirements apply to the installation and operation of trams: 48 A. The installation of a tram shall be limited only to steep slope areas as defined in Chapter 49 20.67 MMC; 50 B. Construction of the tram and installation of associated equipment must minimize disruption 51 of natural drainage patterns and removal of vegetation on the steep slope; SMP Attachment A Revised 36 of 90 Attachment A Exhibit B 1 C. The tram and or landing for the tram must comply with shoreline setback, except the tram 2 and/ or landing may be placed within a shoreline setback without the requirement for a 3 shoreline variance provided the following can be demonstrated: 4 1. There are no practical alternative locations to avoid placement of the tram within a 5 shoreline setback; 6 2. The existing topography makes it infeasible to place the tram or landing outside of the 7 shoreline setback; 8 3. The intrusion into the shoreline setback is the minimum necessary; and 9 4. Mitigation is provided based upon a no net loss analysis set forth in MMC 20.66.010 10 assuring no net loss to shoreline ecological functions. SMP Attachment A Revised 37 of 90 Attachment A Exhibit B 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Chapter 20.65 Shoreline Modifications Sections 20.65.010 General provisions applicable to all shoreline modifications. 20.65.020 Overwater structures — general provisions. 20.65.030 Piers, docks, buoys, moorage piles, swim floats — application. 20.65.040 Design standards for piers, docks, buoys, moorage piles, swim floats 20.65.050 , 20.65.06G Modifications to overwater structures. 20.65.0;EG060 Repair and maintenance of overwater structures. 20.65.100 Covered moorageand bea#1♦#s. 20.65.120 Boatlifts. 20.65.200 Shoreline stabilization — general provisions. 20.65.210 Structural shoreline stabilization — all. 20.65.220 Structural shoreline stabilization — new and enlargements. 20.65.230 Structural shoreline stabilization — replacement of existing. 20.65.240 Structural shoreline stabilization — repair of existing. 20.65.250 Structural shoreline stabilization — design requirements. 20.65.260 Hard structural shoreline stabilization mitigation requirements. 20.65.270 Structural shoreline stabilization — limitations on authorization. 20.65.280 Submittal requirements for structural shoreline stabilization. 20.65.300 Dredging and disposal. 20.65.400 Breakwaters, jetties, groins. 20.65.500 Fill. 20.65.600 Land surface modification. 20.65.010 General provisions applicable to all shoreline modifications. The following shall apply to all shoreline modifications expressed under this chapter: A. The shoreline modification must support an allowed shoreline use or are for the purpose of shoreline mitigation and/ or shoreline enhancement; B. The shoreline modification must comply with the policies and regulations of the specific shoreline environment designation and the general shoreline regulations found in Chapter 20.66 MMC; and C. The shoreline modification must be constructed and maintained in a safe and sound condition and any structures determined to be unsafe or abandoned shall be removed, repaired, or have the unsafe conditions remedied immediately by the property owner. 20.65.020 Overwater structures — general provisions. 43 The following requirements apply to all overwater structures including piers, docks, buoys, 44 moorage piles, boatlifts, floats, and similar types of structures: 45 A. 9RlY eRepieFPiers, er-docks, and floats are plus one fie allowed as follows:peNe� 46 1. Only one pier or dock plus one float are permitted per single-family dwelling; 47 2. Where a lot contains more than one dwelling, only one pier or dock plus one float is 48 permitted; and 49 3_Urnitations on other overwater structures shall be as prescribed by this chapter; 50 B. Overwater structures must support a permitted shoreline use, but may be located off -site 51 from the principal use provided the lots containing the overwater structure and the lots SMP Attachment A Revised 38 of 90 Attachment A Exhibit B 3 C 4 5 6 7 D 8 9 10 11 12 13 E 14 15 16 F. 17 18 G 19 20 21 22 23 24 25 26 27 28 29 30 31 32 containing the principal use are located contiguous to each other and have the same distinct property ownership; The Director may waive the limitation in MMC 20.65.020(B) requiring lots to be contiguous if the overwater structure provides shoreline access to the general public, or the overwater structure provides shoreline access to three or more single-family dwellings under distinctly separate ownerships; Where a new residential development has one of the following conditions, a joint -use pier or dock is required rather than individual piers or docks: 1. Divisions of land into two or more lots where waterfront access is provided to the new lots; or 2. Development of two or more single-family dwellings under distinctly separate property owners where waterfront access is provided to the new dwellings; The Director may waive the limitation in MMC 20.65.020(D) requiring a joint -use pier or dock if the applicant can demonstrate a joint -use pier or dock is not feasible because of topography or environmental constraints; Renting, leasing or selling moorage space to a party different than the property owner or a tenant renting or leasing the property where the moorage is located is prohibited. Figure 20.65.020 illustrates the different elements of a typical pier or dock. Figure 20.65.020 Diagram of Typical Pier/ Dock Elements Finger _0 Ordinary High Water Line Ell Float Decking *` Walkway 33 20.65.030 Piers, docks, buoys, moorage piles, swim floats — application. 34 35 It is recognized in the Medina Comprehensive Plan that the City is a mature nearly built -out 36 residential community. This nearly built -out condition includes development running along the 37 City's shoreline. In recognition of the existing built -out conditions and the requirements set forth 38 in the state's shoreline guidelines, this chapter establishes multi -level design standards 39 applicable to piers, docks, buoys, moorage piles and swim floats. 40 A. Where a property owner can demonstrate that a pier or dock was legally established prior to 41 (effective date of the ordinance), the dimensional and design standards for existing 42 overwater structures set forth in Table 20.65.040 shall apply. 43 B. Where a property owner cannot demonstrate that a pier or dock was legally established 44 prior to (effective date of the ordinance), the dimensional and design standards for new 45 overwater structures set forth in Table 20.65.040 shall apply. 46 47 48 49 PC. The property owner has the burden of proof to demonstrate when a pier or dock was 50 legally established. SMP Attachment A Revised 39 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 €D. The compliance of a pier or dock to required dimensional and design standards is resolved by which dimensional and design standards apply to a particular pier or dock as determined pursuant to MMC 20.65.030(A), (B) or (C). E. 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. F. Table 20.65.030 provides a user's guide of the requirements that apply to all piers, docks, buoys, moorage piles, and swim floats (the table is informational only): Table 20.65.030 User's Guide of Pier and Dock Standards Date Pier or Dock Type of Applicable Standards is Established Construction • Existing structures requirements in MMC Replacement 20.65.040� Fequirememts AMC • Replacement requirements above plus Modifications/ requirements in MMC 20.65.060; Before (date of Additions Nonconforming requirements in MMC ordinance) 20.66.090 if existing structure requirements apply and the pier or dock is noncompliant • Work must be consistent with applicable requirement above for replacement, or Repair/ • Nonconforming requirements in MMC Maintenance 20.65.078-060 and 20.66.090 if existing structures requirements apply and the pier or dock is noncompliant • New structures requirements in MMC New 20.65.040� (date of ordinance) and later 20:65.050 Modifications/ • Requirement above for applicable new Additions structures plus requirements in MMC 20.65.060;050 Repair/ • Work must be consistent with applicable Maintenance requirement above for new 1 20.65.040 Design Standards for piers, docks, buoys, moorage piles,, and floats. A. Table 20.65.040 set forth the dimensional and design standards that apply to piers, docks, buoys, moorage piles, and floats established under MMC 20.65.030(A) and (B). SMP Attachment A Revised 40 of 90 Attachment A Exhibit B Table 20.65.040 Overwater Structure Dimensional & Desion Standards Requirements Description New Structures Existing Structures See MMC 20.65.030 B See MMC 20.65.030 A Maximum Overwater Surface Coverage 1 Single property owner 480 square feet 2 1,200 square feet Shared/ Joint -use by two property owners 700 square feet 2 1,400 square feet Shared/ Joint -use by more than two property 1,000 square feet 2 1,500 square feet owners Minimum necessary to Public suEport the pg,blic use Minimum Setback from Side Property Lines Single property owner 12 feet 12 feet Shared/ Joint -use where straddling a None None common property line Shared/ Joint -use where not straddling a 12 feet 12 feet common property line Maximum Length Farthest extension point of all structures from the ordinary high water line (See MMC 100 feet 100 feet 20.65.040 D Ell 26 None Fingers and Floating Decking 20 None Maximum Width €xl6t+ngwidth 9F 4 feet, wi eFe eking width greater than C. feetexcept Walkway, located within 30 feet waterward of an additional 2 feet of 4 feet width is permitted if the the ordinary high water line Property owner or family member living on the Property has a condition that qualifies for state disabled accommodations Walkway, located greater than 30 feet 6 feet fVeae6 feet waterward of the ordinary high water line Ell and Floating Decking 6 feet None Finger 2 feet None Height Minimum height above the plane of the ordinary high water line and the bottom of 1 '/z feet 1 '/z feet the stringers on a pier Minimum height of non -pier structures None None Maximum height above the plane of the ordinary high water line and the top of the 5 feet 5 feet decking of a pier SM P Attachment A Revised 41 of 90 Attachment A Exhibit B Maximum height of piles: 3 • Above the top of a pier 5 feet 5 feet • Others — above the plane of the ordinary high water line 7 feet 7 feet Maximum height of safety railing above 4 3'h feet 3'h feet surface decking Walls, sheathing, lockers (except horizontal lockers not exceed in two feet in height) and Prohibited similar construction not listed Location of specific structures 30 feet and 10 feet 30 feet and 10 feet Minimum distance of the landward edge of of water depth, of water depth, ells, fingers, buoys, moorage piles, and/ or unless water depth unless water depth floats waterward from the ordinary high is waived pursuant is waived pursuant water line to MMC to MMC 20.65.040 K 20.65.040 K Minimum distance of all piles, except moorage piles, waterward from the ordinary 18 feet 18 feet high water line Pier skirting Pier skirting is allowed only when: 1. The applicant can demonstrate that it is necessary for protection from wave action: 2. The applicant can demonstrate that no reasonable alternative to the use of skirting exists: 3. The skirting is located 30 feet or more waterward of the ordinary high water line: 4. The applicant provides mitigation to achieve no net loss of shoreline ecological functions pursuant to an analysis set forth in MMC 20.66.010: and 5. A shoreline conditional use permit authorizing the skirting is obtained pursuant to MMC 20.72.120. fFem the 9Fd*naFy high �e 3]8�s��fee 3�]8�fee ��inier I'ne watt 'RiT1r. �+t d� �t Where iRstallerl the mir.imI ., im area f +he skiFtiRg that ' 60 pe FGept 60 peFGeRt Materials Decking for piers, docks, floats and platform Grating or other materials that allow a lifts minimum 40 percent light to transmit through Minimum two -foot wide grating strip located Decking for floats where full grating or use of down the center of the entire float that translucent materials is not practical allows 40 percent light to transmit through the grating Piles, buoys, moorage piles, skirting and Treatment with pentachlorophenol, creosote, chromate copper arsenate, or similar structures similar toxic compounds are prohibited SMP Attachment A Revised 42 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Notes: 1. Maximum overwater surface coverage includes float, ramp, ell, finger, and walkway. 2. See MMC 20.65.040(B) for allowances to increase overwater surface coverage. 3. Includes pier piles and moorage piles. 4. Safety railing shall be designed to providing maximum opening to allow air and light to pass through. B. Where a new pier or dock is established pursuant to MMC 20.65.030(A), the maximum overwater surface coverage in Table 20.65.040 may be increased to the following standards provided the conditions in MMC 20.65.040(C) are satisfied: 1. Single -property ownership: 900 square feet; 2. Shared/ Joint -use by two property owners: 1,150 square feet; or 3. Shared/ Joint -use by more than two property owners: 1,400 square feet. C. An increase to the maximum overwater surface coverage is allowed, where: 1. The increase is the minimum necessary for access to vessels; 2. The increase receives the necessary federal and state agency approvals; and 3. Mitigation is provided in addition to that required by MMC 20.65.040(E), which demonstrates the additional overwater surface coverage will result in no net loss of shoreline ecological functions pursuant to an analysis in MMC 20.66.010; and 4. Other applicable provisions of the shoreline master program are met. D. The maximum length prescribed in Table 20.65.040 is measured in the following manner: 1. The length is measured along a centerline established by bisecting equally the pier or dock's walkway width; 2. Where the centerline intersects the ordinary high water line shall be designated the point of origin; 3. The centerline continues from the point of origin along a straight line to an end point designated where a straight line drawn perpendicular to the centerline touches the farthest point waterward from the point of origin of any in-water/overwater structures associated with the property; and 4. The length is measured as the distance of the centerline between the point of origin and the end point (See diagrams in Figure 20.65.040(D)). Figure 20.65.040(D) Maximum Length of Overwater Structures End Point 90° 100 ft I I I I 90° Point of Origin Walkway Centerline SMP Attachment A Revised Farthest Point of Structure End Point from Point of Origin 90° le, / / / 101, / / I 100 ft Ordinary high 1 water line Point of Origin Walkway Centerline 43 of 90 Attachment A Exhibit B 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 E. Where a new pier or dock is established pursuant to MMC 2O.65.O3O(A), the following mitigation measures are required to be taken: 1. Remove existing in -water and overwater structures consistent with MMC 2O.65.O4O(F); 2. Plant emergent vegetation waterward of the ordinary high water line per Washington State Fish & Wildlife and/ or Corp of Engineer requirements, unless it can be demonstrated that planting is not feasible or appropriate due to environmental constraints; 3. Install a riparian vegetative planting area in accordance with the following (See diagram in Figure 2O.65.O4O(E)): a. The planting area must cover at least 1,000 square feet of surface ground area, except where a lot has less than 100 feet of water frontage in which case the required planting area is the distance of the water frontage multiplied by 10; b. The planting area shall extend along the contours of the ordinary high water line; c. The average width of the planting area measured from the ordinary high water line of the planting aFea-shall be a minimum of 10 feet with no width measurement less than five feet; d. The length of the planting area must be at least twice the average width, unless the width of the water frontage makes this not feasible; e. Planting is not required in areas covered by walkways, water -dependent improvements, and other allowed improvements, however, this allowance does not decrease the total surface ground area set forth in MMC 2O.65.O4O(E)(3)(a)that must be planted with Ye9etatk)P; f. Plantings shall include a mixture of native species plants and be of a sufficient density to improve habitat ecological functions; g. desk-, The City will accept existing native species plants as meeting the requirements of this subsection, excluding required vegetation installed as setback enhancements pursuant to MMC 2O.63.O3O(F), provided that the existing vegetation provides a riparian planting strip at least as effective in protecting shoreline ecological functions as the required vegetation; and h. The City may require the applicant to plant vegetation to supplement the existing vegetation in order to provide a planting area at least as effective as the required planting strip: Figure 2O.65.O4O(E) Planting Area Diagram 44 —-------- 45 Average Width >_ 10 feet I: 46 i. 47—•-------- i 48 49 50 51 SMP Attachment A Revised Lake Washington I ^� i Ordinary High Water Line 1,000 square feet 011 of planting area Length >_ 2 X Average Width I Water frontage > 100 feet 44 of 90 Attachment A Exhibit B H 10 11 12 13 14 15 16 17 18 F. 19 20 21 22 G 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 I 4. In lieu of the planting requirements set forth in MMC 20.65.040(E)(3), the City shall accept an alternative planting plan provided: a. The alternative planting plan is approved by state and federal agencies; b. The alternative planting plan shall provide at least as effective protection of shoreline ecological functions as MMC 20.65.040(E)(3); and b. The planting plan is prepared by a qualified professional who can verify the equivalent shoreline protection; 5. All planting plans shall be prepared by a qualified professional and must include maintenance and monitoring provisions having the following: a. An outline of the schedule for site monitoring; b. Performance standards with 100 percent survival of newly planted vegetation within the first two years of planting, and 80 percent for years three and more; c. Contingency plans identifying courses of action and any corrective measures to be taken if monitoring indicates performance standards are not being met; and d. The period of time necessary to establish performance standards have been met, not to be less than three years; and e. A form of financial security as prescribed in MMC 20.65.040(G). 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 existing boatlifts otherwise complying with other applicable standards set forth in MMC 20.65.120. The City may require a financial security pursuant to MMC 20.66.120 as a guarantee that the plantings, maintenance and monitoring are completed to the satisfaction of the City. The planting area utilized for mitigation shall be designated a native planting preservation area subject to the following: 1. A notice on the title of the real property shall be recorded with King County Records Office; 2. The required content of the notice is limited to alerting future property owners that the vegetation within the planting area must be preserved and that it is a violation of the Medina Municipal Code to damage or permanently destroy native vegetation within the preservation area; and 3. Evidence of the recording shall be provided to the City. I. Buoys and moorage piles must be accessory to an existing or authorized pier or dock. Mitigation for these shall be pursuant to requirements imposed by federal or state agencies. J. Shared and joint -use overwater structures shall require an easement or other documentation approved by the City providing for shared use and/ or maintenance of the subject overwater structure. K. The Director may waive the requirement for minimum water depth where the following conditions exist: 1. Compliance with the water depth is not feasible without the need for a shoreline variance: 2. No reasonable alternative exists due to the bathymetry and/ or existing overwater structures on adjacent properties: and 3. A minimum water depth of five feet is maintained. > doralks, buoys, floats. SMP Attachment A Revised 45 of 90 Attachment A Exhibit B 2 3 4 5 6 9 10 11 12 13 14 4F�e frern the and the VVa6h*RgtOR State DepaFtment of Fish and Wildlife have aPPFGV6-d- thP- altR-FRative ERG. 15 20.65.A68050 Modifications to overwater structures. 16 17 The following requirements apply to overwater structures that are modified and where the 18 existing configuration of the structure is altered (i.e. changes to the surface footprint or height): 19 A. Modifications, such as additions, must comply with the applicable dimensional and design 20 standards established in MMC 20.65.030; 21 B. Where a modification will increase the overwater coverage, mitigation shall be provided that: 22 1. Is proportional to the impact generated by the increased overwater coverage; and 23 2. Is of sufficient quantity and quality to assure no net loss of shoreline ecological functions 24 pursuant to the analysis set forth in MMC 20.66.010; 25 C. Where existing structures exceed the maximum overwater surface coverage standard, 26 modifications, including additions, are allowed, provided the final net overwater surface 27 coverage is not an increase from the existing conditions and the requirements of MMC 28 20.66.090 (nonconformity) are satisfied; and SMP Attachment A Revised 46 of 90 Attachment A Exhibit B 1 D. Where existing overwater structure is proposed for removal, priority should be given to 2 removing those structures located within 30 feet of the ordinary high water line, except for 3 existing or authorized shoreline stabilization measures, existing boatlifts otherwise 4 complying with other applicable standards set forth in MMC 20.65.120, and pier and dock 5 walkways. 6 7 20.65.=060 Repair and maintenance of overwater structures. 8 9 The following requirements apply to the repair and maintenance of overwater structures where 10 the repair work is for the purpose of preventing the decline, lapse or cessation of the structure: 11 A. Repair and maintenance work is allowed; 12 B. Repair and maintenance may include replacing structure with similar structure if the 13 replacement does not increase the size or shape of the structure, or significantly alter the 14 configuration of the entire structure; 15 C. All repair work must use materials listed in Table 20.65.040; 16 D. Where repair and maintenance is to a nonconforming pier or dock, the limitations for a 17 nonconforming structure set forth in MMC 20.66.090 shall apply; except the following repair 18 actions are not subject to the limitations for nonconforming structures provided the 19 constraint in MMC 20.65.079060(E) is satisfied: 20 1. Replacement of up to 75 percent of the existing piles during any consecutive 18 month 21 period; or 22 2. Repair of up to 100 percent of the existing piles provided repair does not involve driving 23 piles into the benthic; or 24 3. Replacement of any structure treated with pentachlorophenol, creosote, or similar toxic 25 compounds provided the replacement is a voluntary action to improve shoreline 26 ecological functions and not to repair structurally hazardous conditions; or 27 4. Replacement of any solid decking with materials, such as grating, that allow at least 40 28 percent light to transmit through the material, and where the repair work does not include 29 replacement of substructure; 30 E. Where repair or maintenance to a nonconforming pier or dock involves repairing multiple 31 elements of the structure during any 18 consecutive month period, the cost for the entire 32 repair, including those repair actions prescribed in MMC 20.65.079060(D) shall be subject to 33 the nonconforming regulations set forth in MMC 20.66.090, except those repair actions 34 prescribed in MMC 20.65.07�9060(D)(1) and (3) shall not be included in replacement cost 35 calculations. 36 37 20.65.100 Covered moorages beats. 38 39 The following requirements apply to covered moorageand beatt+#ts: 40 A. Covered moorage structures and- -beaflifts-are permitted pursuant to the use table in MMC 41 20.62.030 provided they are accessory to a pier or dock; 42 B. Table 20.65.100(B) sets forth the dimensional and design standards for covered moorage 43 structures-andbeatlifts: 44 45 SMP Attachment A Revised 47 of 90 Attachment A Exhibit B Table 20.65.100(B) Covered Moorage Dimensional & Design Standards Description Dimensional & Design Standard Location �ea#t+#ts Covered moorage building envelope A covered moorage structure shall be located within the building envelope prescribed in MMC 20.65.100 C Maximum number �ea#�i#ts deck Covered moorage One covered moorage structure per pier or dock Maximum Over water coverage {€XsUes-f�eatJ+#ts� Single 500 square feet. Shared/ Joint Use all 750 square feet. Minimum Side Property Line Setback Single property owner/ public facilities 12 feet Shared/ Joint -use facility where straddling a common property line between the property owners None Shared/ Joint -use Facility where not straddling a common property line between the Property owners 12 feet Height Maximum height of covered moorage above plane of the ordinary high water line 16 feet Minimum height of covered moorage above the plane of the ordinary high water line 48 feet Other standards GaRepy-Cover Materials • Roof AAmust be made of translucent materials • Must not be GGR6tFUGted of peFmaRent blesl6pFsv+ded= aRGh ; • The of foil FnateFial is the minimum quantity SMP Attachment A Revised 48 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 C. Table 2O.65.1OO(B) covered moorage building envelope: The covered portion of a moorage for an individual or shared/ joint -use pier or dock shall be located inside of a covered moorage building envelope established in the following manner and illustrated in Figure 20.65.1OO(C): 1. The covered moorage building envelope shall be formed as aan herizental -quilateral or isosceles triangle; 2. The base of the triangle is formed by: a. The two outer most property lines intersecting the ordinary high water line being continued waterward in a straight line; and b. A centerline is created by either: i. Equally bisecting the distance between the two outer property lines; or ii. Where a shared/ joint -use pier or dock straddles a shared property line, the shared property line is the centerline; and c. The triangle base is created by extending a straight line between the two outer property lines that runs perpendicular to the centerline and has at least one end affixed to the point most waterward where the ordinary high water line intersects a property line; 3. The altitude of the triangle is formed along the centerline created in MMC 20.65.1OO(C)(2)(b); 4. The two remaining sides of the triangle are formed by extending straight lines from each of the points where the base intersects the property lines to a point on the altitude that is 100 feet waterward from where the centerline intersects the baseline; and 5. Covered moorage structures shall be at least 30 feet waterward from the ordinary high water line and nine feet of water depth, unless water depth is waived pursuant to MMC 20.65.1OO(D); and 6. The minimum side property line setbacks set forth in Table 2O.65.1OO(B) apply. Figure 2O.65.1OO(C) Covered Moorage Building Envelope Outer Property Line 100 feet Net i Building j Envelope i _ - - - - - - T30-foot setback Triangle Base V 104 1 ' j 90° Ordinary High Water Line i Property line/ Ordinary High H; ♦► Water Line Intersection 12-foot side setback Centerline or Shared Property Line SMP Attachment A Revised 49 of 90 Attachment A Exhibit B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ; 2Q-66-e90 The Director may waive the requirement for minimum water depth where the following conditions exist: 1. Compliance with the water depth is not feasible without the need for a shoreline variance; 2. No reasonable alternative exists due to the bathymetry and/ or existing overwater structures on adjacent properties; and 3. A minimum water depth of five feet is maintained. E. Mitigation shall be provided in a 1:1 ratio by area for all new overwater coverage. Preferred forms of mitigation, but not limited to, are as follows: 1. Replacing solid decking with grated decking consistent with Table 20.65.040; 2. Planting a mix of native vegetation adjacent to the ordinary high water line; 3. Planting emergent vegetation waterward of the ordinary high water line, if feasible; or 4. Removal of existing hardened shoreline stabilization. 20.65.120 Boatlifts. The following requirements apply to boatlifts and canopies: A. Boatlifts are permitted pursuant to the use table in MMC 20.62.030 provided they are accessory to a pier or dock; B. Table 20.65.120 sets forth the dimensional and design standards for boatlifts and canopies: Table 20.65.120 Boatlift Dimensional & Desion Standards Description Dimensional & Design Standards Location Maximum distance waterward of the ordinary Not more than 100 feet, except as allowed high water line pursuant to MMC 20.65.120 C 1 Minimum distance waterward of the ordinary Not less than 30 feet and 9 feet of water depth, unless water depth is waived pursuant to MMC 20.65.120 D 1 high water line Maximum Number Three (3) freestanding or deck -mounted boatlifts and/ or met ski lifts allowed per single-family dwelling that share the pier or dock Minimum Side Property Line Setback Single property owner/ public acility 12 feet Shared/ Joint -use facility where straddling a None common property line between the propertV owners Shared/ Joint -use facility where not straddling a common property line between 12 feet the Property owners Boatlift canopies SMP Attachment A Revised 50 of 90 Attachment A Exhibit B 10 11 12 13 14 15 16 17 18 19 Canopy materials • Translucent materials • Canopy frame must be mounted and attached to the boatlift, not to a platform piling or pier Maximum number Only one canopy can be installed per residential overwater structure, excluding covered moorage allowed pursuant to MMC 20.65.100 Maximum height of the canopy above the 16 feet lane of the ordinary high water line Minimum height of the lowest edge of the 8 feet canopy above the plane of the ordinary high water line Other Standards Fill material Must be clean rock or pre -cast concrete blocks provided: • The fill is necessary to anchor the boatlift; • Substrate prevents the embedment of anchoring devices; and • The quantity of fill material is the minimum necessary to anchor the boatlift Mitigation Mitigation shall be provided consistent with the U.S. Army Corps of Engineers requirement for watercraft lift mitigation set forth in the Regional General Permit 1 for Watercraft Lifts in the Lake Washington and Lake Sammamish Systems and subsequent renewals too Notes: 1 See MMC 20.65.040(D) for measuring distance C. Where an existing pier or dock exceeds 100 feet in length, a boatlift may be located bevond the maximum distance set forth in Table 20.65.120 provided: 1. No point of the boatlift extends waterward further than the farthest point of the pier or dock measured from ordinary high water line: 2. Placement of the boatlift does not include installing a platform, finger or similar structure that would be located beyond the maximum distance set forth in Table 20.65.120: 3. The placement of the boatlift will not create obstacles to access and navigation by nearby property owners: and 4. The nonconformity of the existing pier or dock is not abandoned as prescribed in MMC 20.66.090. D. The Director may waive the requirement for minimum water depth where the following conditions exist: 1. Compliance with the water depth is not feasible without the need for a shoreline variance: 2. No reasonable alternative exists due to the bathometry and/ or existing overwater structures on adjacent properties: and 3. A minimum water depth of five feet is maintained. SMP Attachment A Revised 51 of 90 Attachment A Exhibit B 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20.65.200 Shoreline Stabilization — general provisions. Shoreline stabilization measures are used to typically address erosion impacts to property caused by natural processes such as water currents, floods, tides, wind, and/ or wave actions. They can vary from nonstructural measures to structural measures and from soft measures to hard measures. The following requirements apply to all shoreline stabilization measures: A. New development should be located and designed to the extent feasible to avoid future needs for shoreline stabilization measures; B. New development shall be prohibited where shoreline stabilization measures will cause significant impacts to adjacent or down -current properties and shoreline areas; C. Shoreline stabilization shall not: 1. Significantly interfere with normal surface and/ or subsurface drainage; and 2. Cause a hazard to navigation; D. Where a property contains steep slopes and/ or buffers near the shoreline, new development shall be setback sufficiently to ensure shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by geotechnical analysis; E. When subdividing land into building lots, the division shall be done in a manner that the new lots created will not require structural shoreline stabilization for reasonable development to occur, as demonstrated by geotechnical analysis; F. Publicly financed or subsidized shoreline stabilization shall not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to shoreline ecological functions; G. Table 20.65.200 provides a user's guide of the key requirements for shoreline stabilization measures (the table is informational only): Table 20.65.200 Guide to Key Shoreline Stabilization Measures Shoreline Stabilization Summary of Requirements Measures Nonstructural and Structural • Nonstructural methods preferred Methods . Structural allowed if need is demonstrated • Soft measures considered before hard measures • Allowed when primary structure or single family dwelling is 10 feet or less from the ordinary high water line New or Enlargement • Allowed when primary structure or single family dwelling is more than 10 feet with geotechnical analysis demonstrating need • Re uires mitigation planting for hard measures • Existing may be replaced with similar • Hard measures may be replaced with soft measures • Existing may be replaced with different hard measures if the replacement measures significantly Replacement improves shoreline ecological functions • When existing primary structure or use is more than 10 feet from the ordinary high water line, requires a written narrative that provides a demonstration of need • Existing structure is not enlarged SMP Attachment A Revised 52 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 • Repair is to 75 percent or less of the linear length Repair of structure at or below the ordinary high water line • Structure is not moved or enlarged H. The following is a list of examples of shoreline stabilization nonstructural to soft to hard structural measures: • Vegetation enhancement; • Upland drainage control; • Biotechnical measures; • Beach enhancement; • Anchor trees; • Gravel placement; • Rock revetments; • Gabions; • Concrete groins; • Retaining walls and bluff walls; and • Bulkheads. 20.65.210 Structural shoreline stabilization — all. measures that range from The following requirements apply to all structural shoreline stabilization measures: A. Where structural shoreline stabilization is allowed, soft measures such as bioengineering or biotechnical measures shall be used unless it can be demonstrated such measures are not sufficient at protecting primary structures or dwellings, in which case hard measures may be used; and B. Structural shoreline stabilization measures shall be limited to the minimum necessary. 20.65.220 Structural shoreline stabilization — new and enlargements. New structural shoreline stabilization, and additions to or increases in size of existing structural shoreline stabilization are allowed under the following conditions: A. To protect an existing primary structure including single-family dwellings where the closest point of the exterior walls of the building are a distance of 10 feet or less from the ordinary high water line. B. To protect existing primary structures including single-family dwellings where the distance from the ordinary high water line is greater than 10 feet provided: 1. On -site drainage has been directed away from the shoreline edge first; 2. Geotechnical analysis pursuant to MMC 20.65.270 provides conclusive evidence that the structure or dwelling is in danger from shoreline erosion caused by tidal action, currents and waves; and 3. The structural shoreline stabilization will not result in a net loss of shoreline ecological functions pursuant to the analysis in MMC 20.66.010. C. To support a new non -water -dependent development, including single family dwellings provided: 1. Shoreline erosion is not being caused by upland conditions, such as the loss of vegetation and drainage; 2. Geotechnical analysis pursuant to MMC 20.65.270 demonstrates a need to protect the primary structure from damage due to erosion caused by natural processes such as tidal actions, current and waves; SMP Attachment A Revised 53 of 90 Attachment A Exhibit B 1 3. Nonstructural measures such as placing the development further from the shoreline, 2 planting vegetation, or installing on -site drainage improvements, are not feasible or not 3 sufficient in protecting the primary structure; and 4 4. The structural shoreline stabilization will not result in a net loss of shoreline ecological 5 functions pursuant to the analysis in MMC 20.66.010. 6 D. To support a water -dependent development provided: 7 1. Shoreline erosion is not being caused by upland conditions, such as the loss of 8 vegetation and drainage; 9 2. Geotechnical analysis pursuant to MMC 20.65.270 demonstrates a need to protect 10 primary structures from damage due to erosion; 11 3. Nonstructural measures, planting vegetation, or installing on -site drainage 12 improvements, are not feasible or not sufficient in protecting primary structures; and 13 4. The structural shoreline stabilization will not result in a net loss of shoreline ecological 14 functions pursuant to the analysis in MMC 20.66.010. 15 E. To protect projects for the restoration of shoreline ecological functions provided: 16 1. Nonstructural measures, planting vegetation, or installing on -site drainage 17 improvements, are not feasible or not sufficient; 18 2. The structural shoreline stabilization will not result in a net loss of shoreline ecological 19 functions pursuant to the analysis in MMC 20.66.010. 20 F. Mitigation shall be provided pursuant to MMC 20.65.260. 21 G. Primary structures shall include appurtenances such as detached garages, cabanas and 22 beach houses, but do not include, storage sheds, playhouses, greenhouses, swimming 23 pools, spas and other ancillary residential improvements. 24 25 20.65.230 Structural shoreline stabilization — replacement of existing. 26 27 Where modification of existing structural shoreline stabilization does not constitute repair under 28 MMC 20.65.240, modification may be allowed under the following conditions: 29 A. Replacement of existing structure. Existing structure may be replaced provided: 30 1. The existing structure cannot adequately perform a shoreline stabilization function; 31 2. Replacement involves constructing new structure to replace existing structure; 32 3. Replacement structure is with similar structure including using soft measures to replace 33 hard measures; 34 4. Replacement structure does not increase the height, width, length, or depth of the 35 existing structure, except as may be necessary to implement soft structural stabilization 36 (other replacements that enlarge the existing structure are subject to the provisions set 37 forth in MMC 20.65.220); 38 5. Replacement structure does not intrude further waterward of the ordinary high water line, 39 except as allowed pursuant to WAC 173-26-231(3)(a)(iii)(C) and amendments thereto; 40 6. Replacement structure is designed, located, sized and constructed to assure no net loss 41 of shoreline ecological functions per an analysis in MMC 20.66.010; 42 7. A demonstration of need is provided pursuant to MMC 20.65.270 showing the shoreline 43 stabilization structure is necessary to protect principal use or structure from erosion 44 caused by currents, tidal action or waves, except this requirement does not apply: 45 a. If the principal use or structure is located 10 feet or less from the ordinary high water 46 line; or 47 b. If soft measures are used to replace hard structure that results in significant 48 restoration of shoreline ecological functions or processes; 49 B. In addition to MMC 20.65.230(A), replacement of an existing structural shoreline 50 stabilization may be authorized if: SMP Attachment A Revised 54 of 90 Attachment A Exhibit B 1 1. The replacement is for the purpose of significantly improving one or more shoreline 2 ecological functions (e.g. replacing a bulkhead built with toxic materials with non -toxic 3 materials) and not because the existing structure can no longer adequately serve its 4 purpose; and 5 2. An analysis is prepared by a qualified professional evaluating the effects of the existing 6 structure on shoreline ecological functions and the change a replacement structure will 7 have on shoreline ecological functions consistent with MMC 20.65.230(B)(1); and 8 3. The replacement structure does not increase the height or length of the existing 9 structure; and 10 4. The requirements in MMC 20.65.230(A)(2), (5), (6) and (7) are applied. 11 12 20.65.240 Structural shoreline stabilization — repair of existing. 13 14 Existing structural shoreline stabilization may be repaired provided: 15 A. The repair involves 75 percent or less of the linear length of the structure at or below the 16 ordinary high water line provided work above the high water line shall not count towards the 17 linear length of the structure being repaired; 18 B. Total Rrepair over any continuous eight year period of the structure exceeding 75 percent 19 linear length of the structure at or below the ordinary high water line shall be subject to the 20 requirements for replacement set forth in MMC 20.65.230; 21 C. The repaired structure is located in the same place as the existing structure; and 22 D. The repair does not increase the height, width, length, or depth of the existing structure 23 (repairs that enlarges the existing structure are subject to the provisions set forth in MMC 24 20.65.220). 25 26 Figure 20.65.240 Repair Threshold Diagram 27 28 Shoreline Stabilization Structure 29 Ordinary High 30MWater Line 31 1 MEN 1 32 i X <_ 75% Linear Length = Repair 0 33 34 X > 75% Linear Length = Replacement 35 36 20.65.250 Structural shoreline stabilization — design requirements. 37 38 The following design standards apply to structural shoreline stabilization measures: 39 A. For hard structural shoreline stabilization: 40 1. When connecting ends of the structure to adjoining areas without hard shoreline 41 stabilization, the connection should be in a manner as to not cause erosion of the 42 adjoining areas; 43 2. When connecting ends of the structure to other hard shoreline stabilization, the 44 connection shall not result in a net intrusion into the lake nor create net upland area; 45 3. Fill material landward of the shoreline stabilization shall not exceed an average of one 46 cubic yard of material for each linear foot of hard shoreline stabilization, except as 47 provided for in MMC 20.65.500 (Fill) and MMC 20.65.600-600 (Land Surface 48 Modification); 49 B. For soft structural shoreline stabilization: 50 1. End connection shall be to existing contours or hard structural shoreline stabilization to 51 prevent erosion at the edges; and SMP Attachment A Revised 55 of 90 Attachment A Exhibit B 1 2. Size and the arrangement of gravel, cobbles, logs and boulders shall be in a manner 2 that improvements remain stable long-term and dissipate wave energy, without 3 presenting extended linear faces to oncoming waves; and 4 C. For both hard and soft structural shoreline stabilization, materials shall be the minimum 5 sizing necessary to dissipate wave energy, eliminate scour, and provide long-term shoreline 6 stability. 7 8 20.65.260 Hard structural shoreline stabilization mitigation requirements. 10 All proposals for new hard structural shoreline stabilization, including additions to and increases 11 in the size of existing hard structural shoreline stabilization, must provide the following shoreline 12 enhancements: 13 A. Improve shallow water habitat by installing waterward of the ordinary high water line gravel, 14 cobble, or similar rocky beach material meeting the following conditions: 15 1_at a mMaximum grade of one vertical to four horizontal (1:4); and 16 2. Sediment sizes that are predominately 1/8-inch to 2-inch or a mix of sediment sizes that 17 a. Meets the goal of improving wildlife habitat prescribed by this subsection; and 18 b. Will reduce the need for maintenance due to high energy wave actions; and 19 B. Install a vegetative planting area in accordance with the following (see diagram in Figure 20 20.65.260): 21 1. The planting area shall extend along at least 75 percent of the linear landward -edge of 22 the stabilization structure; 23 2. The average width shall be a minimum of me.asured from the landwaFd edge -of thte 24 10 feet with no measurement less than five feet 25 measured from the landward edge of the shoreline stabilization structure; 26 3. Planting shall consist of native species with at least 50 percent of the area planted with 27 bushes and shrubs; and 28 4. 29 30 Plantings shall be installed at 31 densities appropriate for the plant species to achieve the necessary ground coverage 32 and shall be designed to improve habitat functions; or 33 34 Figure 20.65.260 Diagram of Enhancements 35 for New Hard Shoreline Stabilization 36 37 i Lake Washington i 38 39 `_`'_"_"_"""""""_ Gravel / Cobble '`'`-,�v:w"• 40 T . _ . . . . New Bulkhead 41 Average Width >_ 10 fee! ... . • :. . . Beach 42 L--- (No Structures) 43 i _ o ---= i Plantings = 75 /o of 44 Linear Bulkhead 45 46 47 C. In lieu of the enhancements required set forth in MMC 20.65.260(A) and (B), the City shall 48 accept alternative enhancement approved by state and federal agencies provided: 49 1. The alternative enhancement shall provide at least as effective protection of shoreline 50 ecological functions as the required mitigation; and 51 2. An alternative enhancement plan is prepared by a qualified professional; SMP Attachment A Revised 56 of 90 Attachment A Exhibit B 1 D. All enhancements shall include plans for maintenance and monitoring acceptable to the City 2 and prepared by a qualified professional including, but not limited to, the following: 3 1. An outline of the schedule for site monitoring; 4 2. Performance standards, including, but not limited to, 100 percent survival of newly 5 planted vegetation within two years of planting, and 80 percent for years three or more; 6 3. Contingency plans identifying courses of action and any corrective measures to be taken 7 if monitoring indicates performance standards have not been met; 8 4. The period of time necessary to establish performance standards have been met; not to 9 be less than three years; and 10 E. The City may require a financial security pursuant to MMC 20.66.120 as a guarantee that 11 the enhancements, maintenance and monitoring are completed to the satisfaction of the 12 City; and 13 F. Enhancement measures shall be incorporated as necessary to avoid, or if that is not 14 possible, to minimize adverse impacts. 15 16 20.65.270 Structural shoreline stabilization — limitations on authorization. 17 18 A. Structural shoreline stabilization is not authorized except as follows: 19 1. For hard structural measures a geotechnical analysis must demonstrate that there is a 20 significant possibility that a primary structure or single-family dwelling will be damaged 21 within three years as a result of shoreline erosion in the absence of such measures; or 22 2. For soft structural measures a geotechnical analysis must demonstrate that there is 23 significant possibility that a primary structure or single-family dwelling will be damaged 24 as a result of shoreline erosion in the absence of such measures, but the need does not 25 have to be as immediate as three years; or 26 3. Replacement under MMC 20.65.230 where a need is demonstrated pursuant to MMC 27 20.65.270(C). 28 B. Where geotechnical analysis is required under MMC 20.65.220, the analysis shall be 29 prepared by a qualified professional with the following information: 30 1. An assessment of erosion potential including rates of erosion and estimated time frames 31 of erosion from waves or other natural processes in the absence of shoreline 32 stabilization; 33 2. An assessment of the processes causing the erosion including on -site drainage both 34 waterward and landward of the ordinary high-water mark; 35 3. An assessment of the risk shoreline erosion might cause damage to primary structures 36 and single-family dwellings in the absence of structural shoreline stabilization; 37 4. An assessment of the urgency and necessity for structural shoreline stabilization 38 considering site specific conditions pursuant to MMC 20.65.270(A); 39 5. An assessment of the feasibility of using soft structural shoreline stabilization measures 40 in lieu of hard measures; and 41 6. Narrative on design recommendations for minimizing the use of shoreline stabilization 42 materials and to assure no net loss of shoreline ecological functions. 43 C. Where a demonstration of need is required under MMC 20.65.230, the following shall be 44 provided: 45 1. A written narrative that demonstrates a need for the shoreline stabilization structure that 46 is prepared by a qualified professional (e.g. shoreline designer or a consultant familiar 47 with Lakeshore processes and shore stabilization), but not necessarily a licensed 48 geotechnical engineer; 49 2. The content of the narrative shall include the following: SMP Attachment A Revised 57 of 90 Attachment A Exhibit B 1 a. 2 3 4 b. 5 6 7 C. 8 9 d. 10 11 12 13 20.65.280 14 An assessment of the necessity for structural stabilization to protect principal use or structure, considering site -specific conditions such as water depth, orientation of the shoreline, wave fetch, and location of the nearest structure; An assessment of erosion potential resulting from the action of waves or other natural processes operating at or waterward of the ordinary high water line in the absence of structural shoreline stabilization; An assessment of the feasibility of using soft structural stabilization measures in lieu of hard structural shoreline stabilization measures; and Design recommendations for minimizing impacts and ensuring that the replacement structure is designed, located, sized and constructed to assure no net loss of shoreline ecological functions. Submittal requirements for structural shoreline stabilization. 15 A. The following are general submittal requirements for proposals involving structural shoreline 16 stabilization: 17 1. Plan and cross-section views of the existing and proposed shoreline configuration 18 showing accurate existing and proposed topography and the ordinary high-water mark; 19 2. Detailed construction sequence and specifications for all materials with the sizing and 20 placement of materials select to accomplish the following: 21 a. Protect the property and structures from erosion and other damage over the long 22 term, and accommodate the normal amount of alteration from wind- and boat -driven 23 waves; 24 b. Allow safe passage and migration of fish and wildlife; and 25 c. Minimize or eliminate juvenile salmon predator habitat; 26 3. Where applicable, geotechnical analysis or narrative evaluating need; 27 4. Where applicable, no net loss analysis; and 28 5. Where applicable, enhancement plans and monitoring and maintenance reports; 29 B. The provisions of this section shall not limit the City's ability to establish additional submittal 30 requirements consistent with MMC 20.80.80 and other provisions of the Medina Municipal 31 Code. 32 33 20.65.300 Dredging and disposal. 34 35 The following requirements apply to dredging: 36 A. New development should be placed and designed to avoid or if that is not possible, to 37 minimize the need for new and/ or maintenance dredging; 38 B. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill 39 material is prohibited, except where the material is necessary for the restoration of shoreline 40 ecological functions and processes; 41 C. Dredging for the purpose of establishing, expanding, or relocating or reconfiguring 42 navigation channels and basins is allowed pursuant to the use table in MMC 20.62.030 43 provided: 44 1. The dredging is necessary for safe and efficient accommodation of existing navigational 45 uses; 46 2. Significant ecological impacts are minimized; 47 3. Mitigation is provided consistent with MMC 20.65.300(E); 48 D. Dredging for the purpose of maintaining existing navigation channels and basins, existing 49 private or public boat moorage, water -dependent uses, or other public access may be 50 allowed pursuant to the use table in MMC 20.62.030 provided it is limited to previously 51 dredged and/ or existing authorized locations, depth and width; SMP Attachment A Revised 58 of 90 Attachment A Exhibit B 1 E. Dredging and dredge material disposal shall be done in a manner which avoids or minimizes 2 significant ecological impacts and impacts which cannot be avoided should be mitigated in a 3 manner that assures no net loss of shoreline ecological functions pursuant to an analysis in 4 MMC 20.66.010; 5 F. Dredging operations must be designed and scheduled to: 6 1. Avoid impacts to fish, including fish rearing, feeding and spawning; 7 2. Use techniques that minimize dispersal of bottom materials; and 8 3. Prevent direct and indirect adverse impacts on adjacent properties; 9 G. Where dredging is allowed for restoration of shoreline ecological functions, the site where 10 the fill is to be placed must be located waterward of the ordinary high water line; 11 H. Project permit application submittals for dredging should include the following information: 12 1. A written description of the purpose for the dredging; 13 2. Site plan drawing outlining the area proposed for dredging including water depth based 14 on the Corp of Engineer's high water mark for Lake Washington; 15 3. A written description of the scope of work to be performed including dredging methods, 16 timelines, and volume; 17 4. Habitat survey identifying aquatic vegetation, potential native fish spawning areas, or 18 other physical and biological habitat parameters; 19 5. Information on disposal; 20 6. Anticipated future dredging, if applicable; 21 7. Copies of state and federal applications and/ or approvals; and 22 8. Other relevant information requested by the Director. 23 24 20.65.400 Breakwaters, jetties, groins and weirs 25 26 A. Breakwaters, jetties, groins, and weirs located waterward of the ordinary high water mark 27 I shall be allowed only where necessary to support gulblic water -dependent uses, public 28 access, other specific public purpose or restoration activities. 29 B. Where a breakwater, jetty, groin or weir is installed to protect or restore shoreline ecological 30 functions, the requirement for a conditional use permit is waivedarid 31 aPPFGYe it as a peFrnitted U6e. 32 C. Breakwaters, jetties, groins and weirs shall be designed to protect critical areas and shall 33 provide mitigation according to the mitigation sequencing defined in MMC 20.66.020. 34 35 20.65.500 Fill. 36 37 A. Fill waterward of the ordinary high water mark is allowed pursuant to the use table in MMC 38 20.62.030 provided the fill is necessary to support: 39 1. Water -dependent use; 40 2. Public access; 41 3. Cleanup and disposal of contaminated sediments as part of an interagency 42 environmental clean-up plan; 43 4. Disposal of dredged material considered suitable under, and conducted in accordance 44 with the dredged material management program of the department of natural resources; 45 5. Expansion or alteration of transportation facilities of statewide significance currently 46 located on the shoreline where it can be demonstrated that alternatives to fill are not 47 feasible; and 48 6. Mitigation action, environmental restoration, beach nourishment or enhancement project; 49 B. Fill landward of the ordinary high water mark shall comply with the requirements in MMC 50 20.65.600 (Land Surface Modification). SMP Attachment A Revised 59 of 90 Attachment A Exhibit B 1 C. All fill shall be located, designed, and constructed to protect shoreline ecological functions 2 and ecosystem -wide processes and shall not cause: 3 1. Significant damage to water quality, fish and aquatic habitat, and/ or wildlife habitat; and 4 2. Adversely alter natural drainage patterns. 5 6 20.65.600 Land surface modification. 7 8 The provisions of this section apply to land surface modification occurring landward of the 9 ordinary high water mark. 10 A. Applicability: 11 1. Land surface modification includes, but is not limited to grading, excavation and fill 12 activity; and 13 2. The requirements set forth in this section are applied in conjunction with other provisions 14 of the Medina Municipal Code, including grading and drainage requirements and other 15 applicable provisions of the shoreline master program. 16 B. The following requirements apply to land surface modifications: 17 1. All excess materials must be disposed of in a manner that prevents entry in to Lake 18 Washington; including by erosion or surface water runoff; 19 2. Materials such as dirt and rocks used in construction must be stored as far as 20 reasonably possible from the ordinary high water line to prevent erosion and surface 21 water runoff from entering into the lake and shall incorporate best management practice 22 measures; 23 3. Any large quantities of vegetation removal shall be collected and disposed of in a 24 manner to prevent negative impacts to the shoreline environment; and 25 4. No vegetation or other enhancements installed as part of a restoration plan or mitigation 26 shall be removed, unless approved by the City as part of a modified restoration plan or 27 mitigation. 28 C. Land surface modification involving the importing of fill material must consist of non- 29 dissolving and non -decomposing materials, and shall not be detrimental to water quality or 30 existing habitat, or create any other significant adverse impacts to the environment. 31 32 33 SMP Attachment A Revised 60 of 90 Attachment A Exhibit B 1 Chapter 20.66 2 General Shoreline Regulations 3 4 Sections: 5 20.66.000 Applicability of chapter. 6 20.66.010 No net loss of shoreline ecological functions analysis. 7 20.66.020 Mitigation sequencing. 8 20.66.030 Federal and state approval. 9 20.66.040 Public access. 10 20.66.050 Shoreline vegetation nensewatffinnmanagement. 11 20.66.060 Water quality, surface water runoff, and non -point pollution. 12 20.66.070 In -water construction. 13 20.66.080 Archeological and historical resources. 14 20.66.090 Nonconforming development. 15 20.66.100 Parking. 16 20.66.110 Lighting. 17 20.66.120 Financial guarantees. 18 20.66.130 Emergency actions. 19 20 20.66.000 Applicability of chapter. 21 22 The regulations in this chapter apply to all uses, developments and activities within the shoreline 23 jurisdiction. 24 25 20.66.010 No net loss of shoreline ecological functions analysis. 26 27 A. At the project level, the requirement for no net loss of shoreline ecological functions is a 28 balancing of unavoidable shoreline ecological function losses with replacement for those 29 losses so that further reduction to shoreline ecological functions or ecosystem -wide 30 processes may be prevented. 31 B. To assure no net loss of shoreline ecological functions, applicants must demonstrate a 32 reasonable effort to analyze environmental impacts from a proposal and include measures 33 to mitigate impacts to shoreline ecological functions. 34 C. A written analysis of no net loss of shoreline ecological functions is required when any of the 35 following circumstances are present: 36 1. Where a proposed use or activity is not provided in the shoreline master program, 37 including shoreline conditional uses for unclassified uses and shoreline variances; 38 2. Where regulations reference a requirement for an analysis of no net loss of shoreline 39 ecological functions; or 40 3. Where alternative compliance or mitigation measures other than those contained within 41 the shoreline master program are proposed. 42 4. Analysis of no net loss of shoreline ecological functions is not required where specific 43 standards are provided such as setbacks, pier dimensions and tree planting, unless the 44 standard specifically references this Section. 45 D. A written analysis of no net loss of shoreline ecological functions shall include the following: 46 1. A description of the existing conditions, functions and values of the affected shoreline; 47 2. A demonstration that mitigation sequencing has been applied pursuant to MMC 48 20.66.020, except MMC 20.66.020(A)(1) shall not be used to deny a use or activity 49 specifically authorized by the shoreline master program; 50 3. Where avoiding the impacts altogether is not feasible, the analysis shall include 51 descriptions of the following: SMP Attachment A Revised 61 of 90 Attachment A Exhibit B 1 a. Anticipated impacts to shoreline ecological functions; 2 b. Goals and objectives related to the functions and values of the impacted shoreline 3 ecological functions for achieving no net loss; 4 c. Proposed mitigation actions and how these relate to the goals and objectives; and 5 d. Measurable criteria for evaluating whether or not the no net loss standard has been 6 achieved. 7 4. Modifications to the required content may be approved if the Director determines that 8 more or less information is necessary to adequately address demonstrating a no net loss 9 of shoreline ecological functions. 10 E. The written analysis of no net loss shall evaluate the feasibility of each mitigation sequence 11 to determine the appropriate mitigation action during the construction and operation of a 12 proposal. 13 F. Mitigation actions shall have the lower priority measures applied only where higher priority 14 measures are determined to be infeasible or not applicable. Failure to demonstrate that the 15 mitigation sequencing standards have been met may result in a permit being denied. 16 17 20.66.020 Mitigation sequencing. 18 19 A. Applicants must demonstrate that all reasonable efforts have been examined with the intent 20 to avoid or if that is not possible, aPA-minimize and then mitigate for impacts to shoreline 21 ecological functions. Where a no net loss of shoreline ecological functions analysis is 22 required pursuant to MMC 20.66.010, an applicant shall follow mitigation sequencing 23 outlined as follows in order of preference with one being the highest and six being the lowest 24 preference: 25 1. Avoiding the impact altogether—.: Avoiding impacts means not taking an action or part of 26 an action in order to prevent impacts to shoreline ecological functions such as moving 27 structures further away from properly functioning shoreline areas, using different 28 landscaping plants or techniques, substituting a less impactful use, or redesigning the 29 proposal altogether-i 30 2. Minimizing the impact by limiting the degree or magnitude of the action and its 31 implementation by using appropriate technology or by taking affirmative steps to avoid or 32 reduce impacts-i 33 3. Rectifying impacts by repairing, rehabilitating, or restoring the affected environment-..* 34 4. Reducing or eliminating impacts over time by preservation and maintenance operations; 35 5. Compensating for the impact by replacing, enhancing, or providing substitute resources 36 or environments; and 37 6. Monitoring the impact and the compensation projects and taking appropriate corrective 38 measures. 39 B. 40 41 42 and Yalue6 eveF toFne-.Application of the mitigation sequencing should not result in 43 required mitigation in excess of that necessary to assure no net loss of shoreline ecological 44 functions and values. 45 C. Where different mitigation measures are available to compensate for an impact, an applicant 46 may use a benefit -cost analysis to assist them in selecting mitigation measures provided: 47 1. Mitigation sequencing in MMC 20.66.020(A) is followed and the no net loss of shoreline 48 ecological functions and values standard is satisfied: and 49 2. The benefit -cost analysis is not used to undermine the mitigation sequencing of 50 avoidance, minimization or mitigation of ecological impacts anticipated by proposed 51 development. SMP Attachment A Revised 62 of 90 Attachment A Exhibit B 1 20.66.030 Federal and state approval. 2 3 A. All work at or waterward of the ordinary high water line requires permits or approvals from 4 one or more of the following state and federal agencies: U.S. Army Corps of Engineers, 5 I Washington State Department of Fish and Wildlife, Washington State Department of Natural 6 Resources, or Washington State Department of Ecology. 7 B. If structures are proposed to extend waterward of the inner harbor line, the applicant must 8 obtain an aquatic use authorization from the Washington State Department of Natural 9 Resources and submit proof of authorization with submittal of a building permit. 10 C. Documentation verifying necessary state and federal agency approvals must be submitted 11 to the City prior to issuance of construction permits affecting shoreline areas. 12 13 20.66.040 Public access. 14 15 A. Public access is required for the following: 16 1. Shoreline development by public entities involving public lands including, but not limited 17 to the City, state agencies and public utility districts; and 18 2. Residential development of five or more new dwelling units being constructed; and 19 3. Subdivision of land into five or more lots. 20 B. Public access may be in the form of any of the following: 21 1. Physical access such as trails, walkways, piers and docks, swimming area and parks; or 22 2. Visual access such as view platforms or view corridors; or 23 3. A combination of physical and visual access-; or 24 4. Visual access shall not include the excessive removal of trees or native vegetation by 25 topping or clearing. 26 C. Public access shall incorporate the following elements: 27 1. A physical connection to the nearest public street by dedication of land or easement; 28 2. Use of environmentally friendly materials and techniques such as low impact 29 development, if feasible; 30 3. Signage indicating the public's right of access and hours of access; 31 4. Landscaping including vegetative screening for adjacent residential development; and 32 5. Barrier free features for ADA accessibility, if feasible. 33 D. All improvements associated with public access shall be designed to assure no net loss of 34 shoreline ecological functions will result. 35 E. Where public access is required, it shall be fully developed and available for use by the 36 public at the time of occupancy or use of the development. 37 F. The Director may waive the requirement for public access under the following conditions: 38 1. The applicant demonstrates the public access is infeasible due to reasons of 39 incompatible uses, safety, security, or adverse impacts to the shoreline environment, or 40 due to constitutional or other legal limitations; and 41 2. The applicant demonstrates reasonable alternatives are not available such as limiting 42 hours, off -site improvements, or placement and design elements. 43 44 20.66.050 Shoreline TFee management and vegetation raenservatiGnManggernent. 45 46 A. Applicability. 47 1. This section is applied in conjunction with other provisions of the Medina Municipal Code 48 and the Shoreline Master Program affecting shoreline vegetation such as plant clearing, tree trimming and removal, earth grading, vegetation restoration, and similar provisions. 49 SMP Attachment A Revised 63 of 90 Attachment A Exhibit B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2. This section shall serve as the minimum requirements for vegetation management within the shoreline jurisdiction to assure no net loss of shoreline ecological functions as a result of new development activity. 3. Pursuant to MMC 20.60.070, where other regulations impose a requirement different from this section, the regulation that provides the greater protection to shoreline ecological functions and aquatic habitat shall prevail. 4. Shoreline vegetation management standards shall not apply retroactively to existing legally established uses and developments. In the absence of a development proposal, existing, lawfully established landscaping and gardens within shoreline jurisdiction may be maintained in their existing condition including, but not limited to, mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and replacement planting of ornamental vegetation or indigenous native species to maintain the condition and appearance of such areas as they existed prior to adoption of this shoreline master program, provided this does not apply to areas Previously established as native growth protection areas, mitigation sites, or other areas protected via conservation easements or similar restrictive covenants. B. Vegetation Management. 1.Vegetation clearing shall be limited to the minimum necessary to accommodate approved shoreline development that is consistent with other provisions of this shoreline master program. 2. Native vegetation shall be maintained whenever reasonably feasible. The City may impose reasonable conditions on the proposal to maximize native vegetation retention. 3. Development or uses that require vegetation clearing shall be designed, to the extent feasible, to avoid the following in the order indicated with (a) being the most desirable vegetation to retain: a. Native trees 24 inches DBH and greater; b. Non-native trees 24 inches DBH and greater; c. Native trees less than 24 inches DBH; d. Other native vegetation. 4. Any land surface areas exposed due to development activity shall be re -vegetated to similar conditions or better. 5. Clearing and/ or grubbing of land surface area within a shoreline setback area shall be restored in accordance with the following: a. A restoration plan shall be prepared by a qualified professional; b. The restoration plan shall be designed to: i. Stabilize soil surfaces; ii. Filter water run-off, especially from lawns; iii. Assure no net loss of shoreline ecological functions will result: c. The Director may modify the required content of a restoration plan where the Director determines more or less information is necessary to adequately address potential shoreline impacts and required restoration. d. A restoration plan may be combined with other mitigation requirements provided all conditions and criteria are satisfied. C. Tree management. 1. All trees (native and nonnative) shall be preserved within a shoreline setback area, except where removal is authorized and replacement requirements are met as set forth in Table 20.66.050(C). SMP Attachment A Revised 64 of 90 Attachment A Exhibit B Tahle 20.66.050/C1 Trpp Renlar_pmpnt Rpmdrpmpntc Removed Tree Type Replacement Requirement Less than 6 inches Permitted, no replacement required DBH 6 inches DBH and Permitted, provided at least one native conifer tree, 6 feet or more in height greater, but 12 inches DBH and after planting is planted less One Conifer Tree Greater than 12 inches DBH, but less than 24 inches DBH Permitted, provided at least one native conifer tree, 6 feet or more in height after planting is planted; plus plant 80 square feet of area of native riparian vegetation Only hazardous trees are permitted to be removed pursuant to the 24 inches DBH and rg eater replacement requirements in MIMIC 20.66.050 D Less than 6 inches Permitted, no replacement required DBH 6 inches DBH and greater, but 12 inches DBH and less Permitted, provided at least one native deciduous tree, at least 3 inches in caliper; or one native conifer tree, 6 feet or more in height after planting, is planted One Permitted, provided at least one native deciduous tree, at least 3 inches in Deciduous Greater than 12 Tree inches DBH, but caliper, or one native conifer tree, 6 feet or more in height after planting, is less than 24 inches DBH planted; plus plant 80 square feet of area of native riparian vegetation Only hazardous trees are permitted to be removed pursuant to the 24 inches DBH and greater replacement requirements in MIMIC 20.66.050 D Replace with one native conifer or deciduous tree. Conifer trees shall be at least 6 feet in height after planting and deciduous trees shall be at least 3 inches in caliper at the time of planting_ Trees that fall as a result of natural As an alternative, a fallen tree can be causes, such as fire, flood, earthquake or storm left in place provided conditions are included for the fallen tree to remain in place in perpetuity, including notification measures to future property owners of this restriction 2. Approval of an administrative tree removal permit is required for all trees 6 inches DBH and greater that are removed within the shoreline jurisdiction, unless a different tree removal permit is prescribed by the Medina Municipal Code. SMP Attachment A Revised 65 of 90 Attachment A Exhibit B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 3. Where Table 20.66.050(C) requires riparian vegetation plantings, at least 60 percent of the plantings shall be shrubs and the area dimensions shall be a minimum of three feet width in all directions at the time of the planting. 4. Tree removal mitigation shall be planted within the shoreline setback area, except the City shall accept an alternative planting plan allowing for mitigation outside of the setback area if the following conditions are met: a. The applicant can demonstrate one of the following: i. It is not feasible to plant all of the required mitigation within the existing setback area, given the existing tree canopy coverage and the location of trees and minimum spacing requirements; or ii. The planting of replacement trees will obstruct existing views to the lake, at the time of the planting or upon future growth that cannot otherwise be mitigated through tree placement or maintenance activities: b. The alternative planting plan is prepared by a professional and provides mitigation equal to or superior to the provisions in this section in maintaining shoreline ecological functions and processes; and c. The alternative planting plan shall include mitigation inside of the shoreline setback to the extent feasible, but consistent with MMC 20.66.050(C)(4), mitigation may be located elsewhere on the property, or at an off -site location; and d. If an off -site location is selected, the applicant must show the mitigation enhances shoreline ecological functions and process and that the enhancement is superior to on -site mitigation. 5. Non-destructive thinning of lateral branches to enhance views or trimming, shaping, thinning or pruning of a tree necessary to its health and growth is allowed consistent with the following standards: a. Pruning/ trimming shall follow American National Standards Institute (ANSI) standards; b. Removal of the tree canopy is limited to not more than one-fourth (1/4) of the original crown, provided removal is consistent with ANSI standards and the removal does not threaten the health and growth of the tree; c. Pruning/ trimming shall not include topping, stripping of branches or creation of an imbalanced canopy, except as allowed per ANSI standards: and d. Pruning/ trimming shall retain healthy branches that overhang the water to the maximum extent feasible. D. Hazardous trees. Where a tree within a shoreline setback area poses a significant safety hazard, as determined by the City's arborist following International Society of Arboriculture methods for assessing the risk of a tree found in "A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas", the following shall apply: 1. If the hazardous tree is retained, the tree may be pruned to the extent needed to eliminate the hazard, including converting the tree into a wildlife snap. Pruninq shall follow ANSI standards and must be approved by the City's arborist. 2. If the hazardous tree is removed, mitigation shall be provided as follows: a. If the removed tree is less than 24 inches DBH, mitigation shall be as prescribed for the size of the tree in Table 20.66.050(C): b. For each removed tree that is 24 inches DBH or greater, mitigation shall be provided in the form of two planted native trees meeting the following: ii. Each replacement conifer tree shall be at least six feet in height after planting: and/ or iii. Each replacement deciduous tree shall be at least three inch caliper at the time of planting. E. Aquatic Vegetation Removal. SMP Attachment A Revised 66 of 90 Attachment A Exhibit B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 1. Aquatic vegetation control shall only occur when native plant communities and associated habitats are threatened or where an existing water dependent use is restricted by the presence of invasive aquatic vegetation. 2. The control of aquatic vegetation by hand pulling or placement of aqua -screens, if proposed to maintain existing water depth for navigation, shall be considered normal maintenance and repair pursuant to WAC 173-27-040(2)(b). Additionally, control of aquatic vegetation by mechanical methods may qualify as normal maintenance and repair provided the bottom sediment or benthos is not disturbed in the process. If the bottom sediment or benthos is disturbed by mechanical methods, it shall not qualify as normal maintenance and repair under WAC 173-27-040(2)(b). Tfee Type e#Tfee LesatIOR Removed Ra" �AMhin Building A4 A4 Neae All Atee -Nota+sted N4% fisted falet ..-ted NO% L46ted Not 4isted Ats�e Usted SMP Attachment A Revised 67 of 90 Attachment A Exhibit B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 SMP Attachment A Revised 68 of 90 Attachment A Exhibit B 4 11 8 9 10 11 12 13 14 20.66.060 Water quality, surface water runoff, and non -point pollution. 15 16 A. All shoreline development during and after construction shall minimize impacts related to 17 surface runoff through control, treatment and release of surface water runoff such that there 18 is no net loss of receiving water quality in the shoreline environment. Control measures 19 include but are not limited to dikes, runoff intercepting ditches, catch basins, settling wet 20 ponds, sedimentation ponds, oil/water separators, filtration systems, grassy swales, planted 21 buffers, and fugitive dust controls. 22 B. Shoreline development and uses shall adhere to all required setbacks, buffers and 23 standards for stormwater storage basins. 24 C. All shoreline development shall comply with the applicable requirements of the City's 25 adopted Surface Water Design Manual and all applicable City stormwater regulations. 26 D. Where feasible, shoreline development must implement low impact development techniques 27 pursuant to the standards contained in the adopted Surface Water Design Manual and the 28 Low Impact Development Technical Guidance Manual for Puget Sound or successor. 29 30 20.66.070 In -water construction. 31 32 The following requirements apply to in -water work, including, but not limited to, installation of 33 new structures, repair of existing structures, restoration projects, and aquatic vegetation 34 removal: 35 A. In -water structures and activities shall be placed and designed to avoid the need for future 36 shoreline stabilization activities and dredging, giving due consideration to watershed 37 functions and processes, with special emphasis on protecting and restoring priority habitat 38 and species; 39 B. Removal of existing structures shall be accomplished so the structure and associated 40 material do not re-enter the lake; 41 C. Waste material and unauthorized fill, such as construction debris, silt or excess dirt resulting 42 from in -water structure installation, concrete blocks or pieces, bricks, asphalt, metal, treated 43 wood, glass, paper and any other similar material upland of or below the ordinary high water 44 line shall be removed; 45 D. Measures shall be taken in advance and during construction to ensure that no petroleum 46 products, hydraulic fluid, cement, sediments, sediment -laden water, chemicals, or any other 47 toxic or deleterious materials are allowed to enter or leach into the lake during in -water 48 activities; 49 E. Appropriate spill clean-up materials must be on -site at all times, and any spills must be 50 contained and cleaned immediately after discovery; SMP Attachment A Revised 69 of 90 Attachment A Exhibit B 1 F. In -water work must be conducted in a manner that causes little or no siltation to adjacent 2 areas and shall require a sediment control curtain in those instances where siltation is 3 expected; 4 G. Fresh concrete or concrete by-products are not allowed to enter the lake at any time during 5 in -water installation and all forms used for concrete shall be completely sealed to prevent 6 the possibility of fresh concrete from entering the lake; 7 H. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary 8 to perform the in -water work and all disturbed areas will be protected from erosion using 9 vegetation or other means; and 10 I. If at any time, as a result of in -water work, water quality problems develop, immediate 11 notification shall be made to the Washington State Department of Ecology. 12 13 20.66.080 Archeological and historical resources. 14 15 The following requirements apply to archaeological and historic resources that are either 16 recorded at the state historic preservation office and/or by local jurisdictions or have been 17 inadvertently uncovered: 18 A. Archaeological sites located in and outside shoreline jurisdiction are subject to Chapter 19 27.44 RCW (Indian graves and records) and Chapter 27.53 RCW (Archaeological sites and 20 records) and development or uses that may impact such sites shall comply with Chapter 25- 21 48 WAC as well as the provisions of the shoreline master program; 22 B. If archaeological resources are uncovered during excavation all work shall immediately 23 cease and the City, the Washington State Department of Archaeology and Historic 24 I Preservation,. and affected Native American tribes shall be immediately notified; 25 C. A site inspection or evaluation by a professional archaeologist in coordination with affected 26 Native American tribes shall be required for all permits issued in areas documented to 27 contain archaeological resources; 28 D. Significant archaeological and historic resources shall be permanently preserved for 29 scientific study, education and public observation. When the City determines that a site has 30 significant archeological, natural scientific or historical value: 31 1. No permit authorizing development or land modification shall be issued which would 32 pose a threat to the site; and 33 2. The development may be required to be redesigned or postponed in such areas to allow 34 investigation of public acquisition potential and/or retrieval and preservation of significant 35 artifacts; 36 E. In the event of an emergency as defined in RCW 90.58.030 necessitate rapid action to 37 retrieve or preserve artifacts or data identified the project may be exempted from the permit 38 requirement of these regulations provided the City notifies the Washington State 39 Department of Ecology, the Washington State Attorney General's Office and the Washington 40 State Historic Preservation Office of such a waiver in a timely manner; 41 F. Identified historical or archaeological resources shall be considered in park, open space, 42 public access, and site planning with access to such areas designed and managed to give 43 maximum protection to the resource and surrounding environment; and 44 G. Clear interpretation of historical and archaeological features and natural areas shall be 45 provided when appropriate. 46 47 20.66.090 Nonconforming development. 48 49 A. A nonconforming use or development (includes lots and structures) under the shoreline 50 master program means a shoreline use or development which was lawfully constructed or 51 established prior to the effective date of the Act or the shoreline master program, or SMP Attachment A Revised 70 of 90 Attachment A Exhibit B 1 amendments thereto, but which does not conform to present regulations or standards of the 2 shoreline master program. This section shall be applied as follows: 3 1. The requirements and thresholds established in this section shall apply to all 4 development regulated under the shoreline master program. 5 2. The requirements of this section are applied in combination with other sections of the 6 Medina Municipal Code relating to nonconformity, including, but not limited to those 7 prescribed in zoning, and the building and fire codes. 8 3. A structure for which a shoreline variance has been issued shall be considered a legal 9 nonconforming development and the requirements of this section shall apply as they 10 apply to preexisting nonconformities. 11 B. A party asserting the existence of a lawfully established nonconforming lot, structure or use 12 of land has the burden of proof that the lot, structure or use of land was not substandard in 13 meeting the development regulations in effect at its creation. 14 C. Nonconforming lots. Lots, tract, parcel, site or division which were created or segregated 15 pursuant to all applicable laws, ordinances and regulations in effect at the time, but that is 16 nonconforming as to the present lot size may be developed so long as such development 17 conforms to other requirements of the shoreline master program. Existing lots are not 18 deemed nonconforminq for failure to meet the minimum water frontage or lot width 19 requirements. 20 D. Nonconforming uses. The following shall apply to all nonconforming shoreline uses: 21 1. Any legally established nonconforming use may continue until such time that the rights 22 for the nonconforming use are abandoned pursuant to MMC 20.66.090(D)(3). 23 2. A nonconforming use may not be expanded nor may the structure containing a 24 nonconforming use be enlarged, except as may be allowed by a shoreline conditional 25 use permit. 26 3. A nonconforming use shall be determined abandoned and all rights to the 27 nonconforming use lost if: 28 a. The use is changed; or 29 b. The use is discontinued for a period of 6 consecutive months or more; or 30 c. The use is discontinued for a total of 6 months or more during a 12 consecutive 31 month period; or 32 d. A structure housing a nonconforming use experiences substantial destruction or 33 reconstruction, except as provided for in MMC 20.66.090(D)(4). 34 4. A structure housing a nonconforming use, or used in support of a nonconforming use, 35 that experiences substantially destruction or reconstruction may have the nonconforming 36 use continued provided: 37 a. The substantial destruction and/ or reconstruction is the result of a fire or other 38 casualty not intentionally caused by any owner or tenant of the property, and a 39 complete building permit application is filed with the City within 6-months of such fire, 40 natural disaster, or casualty event; or 41 b. The nonconforming use is eligible for, and the property owner obtains, approval for a 42 shoreline conditional use permit. 43 c. The Director may grant up to a 6 month extension of the time limitation set forth in 44 MMC 20.66.090(D)(4)(a) provided: 45 i. The property owner requests the extension in writing prior to the expiration of the 46 time limitation; and 47 ii. The property owner demonstrates extenuating circumstances not of the property 48 owners own making that delay submission of a building permit application, such 49 as resolution of an insurance claim. 50 5. Ordinary maintenance and repair of a structure housing a nonconforming use, such as 51 painting or plumbing repair, shall be permitted provided: SMP Attachment A Revised 71 of 90 Attachment A Exhibit B 1 a. The work is to maintain safe and sanitary conditions and does not result in an 2 enlargement or expansion of the structure; and 3 b. The work does not result in substantial destruction or reconstruction. 4 6. A nonconforming use shall not be changed to another nonconforming use. 5 E. Nonconforming structures. The following shall apply to all nonconforming structures: 6 1. Any legally established nonconforming structure may continue until such time that the 7 rights for the nonconformity are abandoned pursuant to MMC 20.66.090(E)(4). 8 2. Where multiple structures exist on the same lot, the requirements of this section shall 9 apply to each structure independent of the other structure on the same lot; except where 10 the nonconformity is due to structural coverage, the requirements of this section shall 11 apply to the combined structural coverage of all structures on the same lot as if they 12 were one structure. 13 3. A nonconforming structure may be enlarged, extended, repaired, remodeled, or 14 structurally altered provided the work does not increase the nonconformity; except 15 nonconformity may be increased if: 16 a. A minor deviation is approved to match an existing nonconforming setback or 17 nonconforming height provided an analysis is completed pursuant to MMC 20.66.010 18 demonstrating that the addition of new structure will not result in a net loss of 19 shoreline ecological functions; or 20 b. An intrusion into a setback, or additional structural coverage exceeding the shoreline 21 maximum, is determined by the City to be reasonably necessary and the minimum 22 necessary to improve access for elderly or disabled persons. 23 4. Except as provided for in MMC 20.66.090(E)(6), a nonconforming structure shall be 24 determined to have its nonconformity abandoned and all nonconforming rights lost 25 where: 26 a. Any single-family dwelling, or any detached accessory building associated with a 27 single-family dwelling, experiences substantial destruction; or 28 b. A pier or dock experiences repairs exceeding those listed in MMC 20.65.04%060, or 29 if not listed experiences reconstruction; or 30 c. A structure, not listed in MMC 20.66.090(E)(4)(a) or (b), experiences either 31 substantial destruction or reconstruction. 32 5. Where the rights to a nonconforming structure have been abandoned, continuation of 33 the nonconformity shall cease and any subsequent repair, remodel, alteration, or 34 rebuilding shall require the entire structure to be brought into compliance with all 35 development regulations in effect. 36 6. A nonconforming structure that experiences substantial destruction or reconstruction 37 may maintain the condition of nonconformity provided that: 38 a. The substantial destruction and/ or reconstruction is the result of a fire, natural 39 disaster or other casualty not intentionally caused by any owner or tenant of the 40 property, and a complete building permit application is filed with the City within 6- 41 months of such fire or casualty event; or 42 b. The nonconforming structure, or portion thereof, was declared to be unsafe by the 43 City's Building Official, and the property owner submits an application for a building 44 I permit to reconstruct within 6-six months of said determination. 45 c. The Director may grant up to a 6-six month extension to the time limitation set forth in 46 this section provided: 47 i. The property owner requests the extension in writing prior to the expiration of the 48 time limitation; and 49 ii. The property owner demonstrates extenuating circumstances not of the property 50 owners making that delay submission of a building permit application, such as 51 resolution of an insurance claim. SMP Attachment A Revised 72 of 90 Attachment A Exhibit B 1 2 ided that the res, Wing total gF966 apea (feetprint) ef the 61ppeF flooF does R9t 8X pFey 4 . 5 F. In addition to the provision set forth in MMC 20.66.090(E)(6), an existing single-family 6 dwelling, accessory patio and/or accessory deck, not complying with a shoreline setback 7 may experience substantial destruction or reconstruction while preserving the right to the 8 existing nonconforming shoreline setback provided: 9 1. The replacement dwelling, patio or deck is reconstructed within the footprint of the 10 existing structure; 11 2. Any expansion of the footprint, including any addition to the dwelling, or adding a cover 12 to an uncovered patio or deck, shall conform to the shoreline setback prescribed in MMC 13 20.63.050; and 14 3. A complete application for a building permit to construct a new dwelling, deck or patio is 15 submitted within six months following substantial destruction or reconstruction of the 16 structure; and 17 4. A patio not requiring a building permit is replaced immediately following reconstruction. 18 G. A nonconforming structure that is enlarged, expanded, extended, repaired, remodeled, or 19 structural altered shall comply with the following: 20 1. All applicable development regulations including, but not limited to zoning and building; 21 2. The work shall not add any new structure size or area to those parts of the existing 22 structure that is the cause of the nonconformity as shown in Figure 20.66.090, unless 23 otherwise allowed by law; 24 3. Upper level additions to a structure, where the total structural coverage on the lot the 25 structure is located exceeds the maximum structural coverage allowed on the lot, are 26 permitted provided: 27 a. The total footprint of the upper level including modifications does not exceed the 28 maximum structural coverage prescribed for the lot; and 29 b. The maximum height of the structure shall be limited as follows: 30 i. If the structure is located in the R-20, R-30 or SR-30 zone, the maximum height 31 of the structure shall be the lower of 25 feet above original grade or 28 feet 32 above finished grade as measured pursuant to MMC 20.23.060(C); or 33 ii. If the structure is located in a zone other than those set forth in MMC 34 20.36.060(G)(3)(b)(i), the maximum height shall be pursuant to the height 35 standards prescribed by the zone where the structure is located; W 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Figure 20.36.060 Making Up the Nonconformity Setback: SMP Attachment A Revised 73 of 90 'art of Building in Setback Area* Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Structural Coverage: Height: Part of Building Exceeding Maximum Height* 0M Total Structural ;overage Allowed -eeding Maximum Structural Coverage Allowance* Maximum *Part of Structure Causing the Nonconformity GH. Unlawful uses and structures. 1. Uses and structures that did not comply with applicable development regulations in effect at the time of its establishment are determined illegal and subject to enforcement as prescribed by law. 2. Nothing in this section shall be interpreted as granting any right to continue occupancy of property containing an illegal use or structure. 3. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use and/ or structure. 20.66.100 Parking. A. Parking facilities are permitted pursuant to the use table set forth in MMC 20.62.030. Parking shall be incidental and a secondary use and located as a principal use of a lot. B. Parking facilities shall provide adequate provisions to control surface water runoff to prevent contaminating water bodies. C. Parking facilities shall not be located waterward of the building housing the principal use, except where it can be demonstrated to the Director that an alternative design would have less adverse impact on the shoreline. SMP Attachment A Revised 74 of 90 Attachment A Exhibit B 1 D. Exterior parking facilities shall be designed and landscaped to minimize all adverse impacts 2 upon the shoreline. 3 4 20.66.110 Lighting. 5 6 A. Exterior lighting shall be controlled using limits on height, light levels of fixtures, light shields, 7 and other mechanisms that: 8 1. Prevent light pollution or other adverse effects that could infringe upon public enjoyment 9 of the shoreline; 10 2. Protect residential uses from adverse impacts that can be associated with light trespass 11 from adjoining properties; and 12 3. Prevent adverse effects on fish and wildlife species and their habitats. 13 B. Exterior lighting shall be directed downward and away from adjoining residential properties 14 and Lake Washington. Shielding may be required to conceal the light source. 15 C. Exterior lighting mounted on piers, docks or other water -dependent uses located at the 16 shoreline edge shall be at ground or dock level and be designed to prevent lighting from 17 spilling onto the lake water. 18 D. The following shall be exempt from the lighting requirements in this section: 19 1. Emergency lighting required for public safety; 20 2. Lighting for public rights -of -way; 21 3. Outdoor lighting for temporary or periodic events (e.g. community events at public 22 parks); 23 4. Seasonal decoration lighting; and 24 5. Lighting required by a state or federal agency for navigation purposes. 25 26 20.66.120 Financial securities. 27 28 Where a financial security is required, an applicant may choose to provide a bond, line of credit, 29 cash deposit, or other form of financial guarantee that is acceptable to the City. The terms of 30 the financial security shall include the following: 31 A. An amount of funds equal to 100 percent that is sufficient to fully guarantee that all required 32 enhancements, mitigation and/or other improvements are completed in a manner that 33 complies with the conditions of approval and with satisfactory workmanship and materials; 34 B. An amount of funds equal to 100 percent that guarantees maintenance and/ or monitoring 35 requirements are followed and the expense of correcting any failures; 36 C. An amount equal to 100 percent to cover estimated expenses to administer the security 37 should it become necessary to apply the financial security towards completing the 38 enhancements, mitigation and/ or other improvements; 39 D. Conditions under which the financial security is providing a guarantee; 40 E. A holding timeframe before the financial security may be released; and 41 F. Terms to release the security, once all of the terms of the financial security have been 42 satisfactory completed. 43 44 20.66.130 Emergency actions. 45 46 A. Emergency actions are those that pose an unanticipated and imminent threat to public 47 health, safety, or the environment and that require immediate action or within a time too 48 short to allow full compliance with the provisions of the shoreline master program. 49 B. Emergency actions shall comply with the following conditions: 50 1. Limited to using reasonable methods necessary to address the emergency; 51 2. Have the least possible impacts on shoreline ecological functions and processes; and SMP Attachment A Revised 75 of 90 Attachment A Exhibit B 1 3. Comply with the requirements of the Medina Shoreline Master Program, to the extent 2 feasible. 3 C. Notification requirements. 4 1. The party undertaking the emergency action shall notify the City immediately of the 5 existence of the emergency and the proposed emergency action, or when this is not 6 practice, within two business days following commencement of the emergency action. 7 2. The party undertaking the emergency action shall provide the City within seven days 8 following completion of the emergency action, a written description of the work 9 undertaken, a site plan, a description of the pre -emergency conditions, and other 10 information requested by the City to determine the action was permitted within the scope 11 of an emergency action. 12 D. Decision. 13 1. The Director shall evaluate the emergency action for consistency with WAC 173-27- 14 040(2)(d) and determine whether the action taken, or any part of the action taken, was 15 within the scope of an emergency action. 16 2. If the Director determines that the action does not qualify as an emergency action, the 17 party may be required to obtain a permit and/or require remediation. This shall not 18 preempt the City from determining a particular action to be a violation subject to 19 enforcement under Chapter 1.15 MMC. 20 3. Whether the situation qualified as an emergency action or not, the City may require that 21 the property owner and/ or the party that undertook the emergency action provide 22 mitigation for impacts to shoreline ecological functions. 23 24 SMP Attachment A Revised 76 of 90 Attachment A Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Chapter 20.67 Critical Areas in the Shoreline Sections: 20.67.010 Purpose 20.67.020 Shoreline critical areas - general provisions. 20.67.030 Applicability. 20.67.040 Definitions. 20.67.050 General requirements. 20.67.060 Critical areas report. 20.67.070 Wetlands. 20.67.080 Geologically hazardous areas. 20.67.090 Fish and Wildlife Habitat Conservation Areas. 20.67.010 Purpose The purpose of this chapter is to designate and classify ecologically critical areas, and to protect these areas and their functions and values where they exist within the shoreline jurisdiction. The mechanisms established in this chapter are intended to protect critical areas in shoreline jurisdiction and achieve no net loss of shoreline ecological functions. 20.67.020 Shoreline critical areas - general provisions. A. The requirements of this chapter do not extend beyond the shorelines jurisdiction limits specified in the shoreline master program and the Act. For regulations addressing critical areas and/ or their buffers that are outside of the shorelines jurisdiction, see Chapter 18.12 MMC. B. This chapter shall not repeal, abrogate or impair any existing regulations. However, where this chapter imposes greater restrictions, the requirements of this chapter shall prevail. C. The critical areas regulations in this chapter apply as an overlay and in addition to zoning and other regulations adopted by the City, except the critical areas regulations set forth in Chapter 18.12 MMC shall not apply. D. Compliance with this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (e.g., substantial development permits, HPA permits, Army Corps of Engineers Section 404 permits, NPDES permits). The applicant is responsible for complying with these requirements, apart from the requirements established in this chapter. E. Impacts to critical areas must be addressed through compliance with the policies and regulations of the specific shoreline environment designation, the general shoreline regulations found in Chapter 20.66 MMC, and the regulations of this chapter. F. Variances to the strict requirements of this chapter shall not be granted, except through the shoreline variance processes meeting the criteria set forth in WAC 183-27-170. The Reasonable Use Exception set forth in MMC 18.12.130 shall not apply to critical areas within the shoreline area. 20.67.030 Applicability. A. Applicability. The provisions of this chapter apply to all development, activity, and associated uses within the shoreline jurisdiction, which contain critical areas and their buffers as defined in this chapter. SMP Attachment A Revised 77 of 90 Attachment A Exhibit B 1 B. Critical areas exemptions. The following development, activities and associated uses shall 2 be exempt from the requirements of this chapter; however, the critical areas exemptions do 3 not include exemptions from other provisions of the shoreline master program such as 4 exemptions from substantial development permits provided under WAC 173-27-040. 5 1. Emergency actions as set forth in MMC 20.66.130. 6 2. Operations, maintenance, remodel or repair of existing structures and facilities, provide 7 there is no further intrusion into a critical area or its buffers and there is no significant 8 increase in risk to life or property as result of the action. 9 3. Minor site investigate work necessary for land use submittals, such as surveys, soil logs, 10 percolation tests, and other related activities, where such activities do not require 11 construction of new roads or significant amounts of excavation in. In every case the 12 disruption to the critical area shall be minimized and the disturbed areas immediately 13 restored. 14 4. Construction or modification of navigational aids and boundary markers. 15 C. Limited critical areas exemptions. The following developments, activities, and associated 16 uses shall not be required to follow a critical areas review process; provided, that they are 17 consistent with the requirements of this chapter and the other provisions of the Medina 18 Shoreline Master Program. The City may condition approval of such to ensure adequate 19 critical areas protection: 20 1. Existing single-family residences may be expanded, reconstructed, or replaced, provided 21 all of the following are met: 22 a. Expansion within a critical area buffer is limited to 500 square feet of structural 23 coverage beyond the existing structural coverage; 24 b. The expansion extends no closer to critical area than previously; 25 c. The proposal does not cause a net loss of shoreline ecological functions of wetlands, 26 fish and wildlife habitat conservation areas, and their buffers; 27 d. The proposal includes on -site mitigation to achieve no net loss of ecological 28 functions; 29 e. The proposal will not significantly affect drainage capabilities, flood potential, and 30 steep slopes and landslide hazards on neighboring properties; and 31 f. The expansion would not cause a tree within a buffer to be labeled as a hazardous 32 tree and thus require the removal of the hazardous tree; 33 2. Replacement, modification, installation or construction of streets and utilities in existing 34 developed utility easements, improved city street rights -of -way, or developed private 35 streets. Utilities include water, sewer lines, and stormwater and franchise (private) 36 utilities such as natural gas lines, telecommunication lines, cable communication lines, 37 electrical lines and other appurtenances associated with these utilities. The activity 38 cannot further permanently alter or increase the impact to, or encroach further within, a 39 critical area or buffer and must utilize best management practices; 40 3. Public and Private Non -motorized Trails. Public and private pedestrian trails provided: 41 a. There is no practicable alternative that would allow placement of the trail outside of 42 critical area or their buffers; 43 b. The trail surface shall meet all other requirements including water quality standards; 44 c. Trails proposed in stream or wetland buffers shall be located in the outer 25 percent 45 of the buffer area, except when bridges or access points are proposed; 46 d. Stream and wetland buffer widths shall be increased, where possible, equal to the 47 width of the trail corridor, including disturbed areas; 48 e. Trail corridors in critical areas and buffers shall not exceed six feet in width; and 49 f. Trails proposed to be located in landslide or erosion hazard areas shall be 50 constructed in a manner that does not increase the risk of landslide or erosion and in 51 accordance with an approved geotechnical report; SMP Attachment A Revised 78 of 90 Attachment A Exhibit B 1 4. Select Vegetation Removal Activities. The following limited vegetation removal activities 2 are allowed in critical areas and buffers. Otherwise, removal of any vegetation or woody 3 debris from a critical area shall be prohibited unless the action is part of an approved 4 alteration. 5 a. The removal of the following vegetation with hand labor and/or light equipment; pro- 6 vided, that the appropriate erosion -control measures are used and the area is 7 replanted with native vegetation: 8 i. Invasive weeds; 9 ii. Himalayan blackberry (Rubus discolor, R. procerus); 10 iii. Evergreen blackberry (R. laciniatus); 11 iv. Ivy (Hedera spp.); and 12 v. Holly (Ilex spp.), laurel, Japanese knotweed (Polygonum cuspidatum), or any 13 other species on the King County Noxious Weed List. 14 b. The cutting and removal of trees that are hazardous, posing a threat to public safety, 15 or posing an imminent risk of damage to private property, from critical areas and 16 buffers; provided, that the provisions in MMC 20.66.050 are followed. 17 c. Trimming of vegetation for purposes of providing view corridors will be allowed; and 18 that trimming shall be limited to view corridors of 20 feet in width or less, that the 19 limbs involved do not exceed three inches in diameter, that no more than 25 percent 20 of the live crown is removed, and that benefits to fish and wildlife habitat are not 21 reduced. Trimming shall be limited to hand pruning of branches and vegetation. 22 Trimming shall not include felling, topping, stripping, excessive pruning or removal of 23 trees. 24 d. Measures to control a fire or halt the spread of disease or damaging insects 25 consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that 26 the removed vegetation shall be replaced in -kind or with similar native species within 27 one year in accordance with an approved restoration plan prepared by a qualified 28 professional; and 29 5. Conservation, Preservation, Restoration and/or Enhancement. 30 a. Conservation and/or preservation of soil, water, vegetation, fish and/or other wildlife 31 that does not entail alteration of the location, size, dimensions or functions of an 32 existing critical area and/or buffer; and 33 b. Restoration and/or enhancement of critical areas or buffers; provided, that actions do 34 not alter the location, dimensions or size of the critical area and/or buffer; that actions 35 do not alter or disturb existing native vegetation or wildlife habitat attributes; that 36 actions improve and do not reduce the existing functions of the critical areas or 37 buffers; and that actions are implemented according to a restoration and/or 38 enhancement plan that has been approved by the City. 39 40 20.67.040 Definitions. 41 42 A. In addition to the definitions set forth in Chapter 20.60 MMC, the definitions set forth in 43 Chapter 18.12 MMC, and adopted under Ordinance No. 784, shall be adopted as the 44 definitions applicable to critical areas within the shoreline jurisdiction. 45 B. If any definition in Chapter 18.12 MMC conflicts with provisions in the shoreline master 46 program, the shoreline master program shall prevail. 47 48 20.67.050 General requirements. 49 5o A. Avoid impacts to critical areas. SMP Attachment A Revised 79 of 90 Attachment A Exhibit B 1 1. The applicant shall avoid all impacts that result in a net loss of shoreline ecological 2 functions, 3 . 4 2. The applicant shall avoid all impacts where the results are an unacceptable level of risk 5 associated with a geologically hazardous area. 6 23. Unless otherwise provided for in this chapter: 7 a. If alteration to fish and wildlife habitat conservation areas, wetlands and/or their 8 buffers is proposed, impacts resulting from a development proposal or alteration 9 shall be mitigated in accordance with the mitigation sequencing set forth in MMC 10 20.67.050(B) and an approved critical area report and any applicable SEPA 11 documents; or 12 b. A development proposal or alteration within a geologically hazardous area and/or its 13 buffer must comply with a geotechnical report approved by the city that assesses the 14 risk to health and safety, and makes recommendations for reducing the risk to 15 acceptable levels through engineering, design, and/or construction practices. 16 B. Mitigation. 17 1. Mitigation shall be in -kind and on -site, where feasible, and sufficient to maintain critical 18 areas and shoreline ecological functions and values, and to prevent risk from hazards 19 posed by a critical area. 20 2. Mitigation shall not be implemented until after the City approves the applicable critical 21 area report and mitigation plan. Following city approval, mitigation shall be implemented 22 in accordance with the provisions of the approved critical area report and mitigation plan. 23 C. Mitigation sequencing. 24 1. Pursuant to MMC 20.66.020, applicants must demonstrate that all reasonable efforts 25 I have been examined with the intent to avoid, or if that is not possible, minimize and then 26 mitigate impacts to shoreline ecological functions as provided by critical areas. 27 2. When an alteration to a critical area and/or buffer is proposed, such alteration shall 28 follow the mitigation sequencing set forth as follows: 29 a. For fish and wildlife habitat conservation areas, wetlands and/or their buffers, 30 avoiding the impact altogether by not taking a certain action or parts of an action, 31 except this provision shall not be used to deny a use or activity specifically 32 authorized by the shoreline master program; 33 b. For geological hazards, minimizing or eliminating the hazard by restoring or stabi- 34 lizing the hazard area through engineered or other methods; 35 c. Minimizing impacts by limiting the degree or magnitude of the action by using 36 appropriate technology, or by taking affirmative steps to avoid or reduce the impact; 37 d. Rectifying the impact by repairing, rehabilitating, or restoring the affected 38 environment; 39 e. Reducing or eliminating the impacts over time by preservation and/or maintenance 40 operations; 41 f. Compensating for the impact by replacing, enhancing, or providing substitute 42 resources or environments; and 43 g. Monitoring the impact and the compensation projects and taking appropriate 44 corrective measures. 45 D. Mitigation plan requirements. Where mitigation is required, the applicant shall submit, and 46 obtain approval from the City, a mitigation plan as part of, or in addition to, the critical area 47 report. The mitigation plan shall include the following information: 48 1. A description of existing critical areas and/or buffers conditions, shoreline ecological 49 functions as provided by critical areas, and a description of the anticipated impacts; 50 2. A description of proposed mitigating actions and mitigation site selection criteria; SMP Attachment A Revised 80 of 90 Attachment A Exhibit B 1 3. A description of the goals and objectives of proposed mitigation relating to impacts to 2 shoreline ecological functions as provided by critical areas; 3 4. A review of the most current, accurate, and complete scientific and technical information 4 available supporting proposed mitigation, a description of the plan/report author's 5 experience to date in restoring or creating the type of critical area proposed, and an 6 analysis of the likelihood of success of the mitigation project; 7 5. A description of specific measurable criteria for evaluating whether or not the goals and 8 objectives of the mitigation plan have been successfully attained and whether or not the 9 requirements of these critical area regulations have been met; 10 6. Detailed construction plans including site diagrams, cross -sectional drawings, 11 topographic elevations at one- or two -foot contours, slope percentage, final grade 12 elevations, and any other drawings appropriate to show construction techniques or 13 anticipated final outcome; 14 7. Construction plans should also include specifications and descriptions of: 15 a. Proposed construction sequence, timing, and duration; 16 b. Grading and excavation details; 17 c. Erosion and sediment control features; 18 d. A planting plan specifying plant species, quantities, locations, size, spacing, and 19 density, with density standards as follows: 20 i. Forested conditions: 21 (1) Trees: Nine feet on center, or 0.012 trees per square foot (this assumes two- 22 to five -gallon size) with at least 50 percent conifers; 23 (2) Shrubs: Six feet on center, or 0.028 shrubs per square foot (this assumes 24 one- to two -gallon size); and 25 (3) Herbs and groundcovers: Four feet on center, or 0.063 plants per square foot 26 (this assumes 10-inch plug or four -inch pot). 27 ii. Shrub conditions: 28 (1) Shrubs: Five feet on center, or 0.04 shrubs per square foot (this assumes 29 one- to two -gallon size); and 30 (2) Herbs and groundcovers: Four feet on center, or 0.063 plants per square foot 31 (this assumes 10-inch plug or four -inch pot). 32 iii. Emergent, herbaceous and/or ground -cover conditions: 33 (1) Herbs and groundcovers: One foot on center, or one plant per square foot 34 (this assumes 10-inch plug or four -inch pot); or 35 (2) Herbs and groundcovers: 18 inches on center, or 0.444 plant per square foot 36 if supplemented by over -seeding of native herbs, emergent or graminoids as 37 appropriate; 38 e. Measures to protect and maintain plants until established; 39 8. A maintenance and monitoring program containing, but not limited to the following: 40 a. An outline of the schedule for site monitoring; 41 b. Performance standards including, but not limited to 100 percent survival of newly 42 planted vegetation within the first two years of planting, and 80 percent for years 43 three or more; 44 c. Contingency plans identifying courses of action and any corrective measures to be 45 taken if monitoring or evaluation indicates performance standards have not been 46 met; 47 d. The period of time necessary to establish that performance standards have been 48 met, not to be less than three years; 49 9. Financial guarantees ensuring fulfillment of the compensation project, monitoring 50 program, and any contingency measures shall be posted in accordance with MMC 51 20.66.120; SMP Attachment A Revised 81 of 90 Attachment A Exhibit B 1 10. Other information determined necessary by the Director. 2 E. Determination process. The Director shall make a determination as to whether the 3 proposed activity and mitigation, if any, is consistent with the provisions of these critical 4 areas regulations. The Director's determination shall be based on the following: 5 1. Any alteration to a critical area and/or critical area buffer, unless otherwise provided for 6 in these critical area regulations, shall be reviewed and approved, approved with 7 conditions, or denied based on the proposal's ability to comply with all of the following 8 criteria: 9 a. The proposal will result in no net loss of shoreline ecological functions as provided by 10 critical areas in accordance with the mitigation sequencing prescribed in MMC 11 20.67.050(C); 12 b. The proposal does not pose an unreasonable threat to the public health, safety, or 13 welfare on or off the development proposal site; 14 c. The proposal is consistent with the general purposes of these critical area 15 regulations, the Shoreline Master Program and the public interest; 16 d. Any impacts permitted to the critical area and/or buffers are mitigated in accordance 17 with MMC 20.67.050(B), (C) and (D); 18 e. The proposal protects critical area and/or buffer functions and values consistent with 19 the most current, accurate, and complete scientific and technical information 20 available; and 21 f. The proposal is consistent with other applicable regulations and standards. 22 2. The City may condition the proposed activity as necessary to mitigate impacts to critical 23 areas and/or buffers and to conform to the standards required by these critical area 24 regulations. 25 3. Except as provided for by these critical area regulations, any project that cannot 26 adequately mitigate its impacts to critical areas and/or buffers shall be denied. 27 4. The City may require critical area or geotechnical reports to have an evaluation by an 28 independent qualified professional at the applicant's expense when determined to be 29 necessary to the review of the proposed activity. 30 F. Notice on title. In order to inform subsequent purchasers of real property of the existence of 31 critical areas, the owner of any property containing a critical area or buffer on which a 32 development proposal is submitted shall file for record with King County Auditor a notice 33 approved in form by the City. The notice shall state the presence of the critical area or buffer 34 on the property. The owner shall submit proof to the City that the notice has been filed for 35 record within 30 days after the approval of a development permit. The notice shall run with 36 the land, and failure to provide such notice to any purchaser prior to transferring any interest 37 in the property shall be a violation of this chapter. 38 G. Native Growth Protection Areas (NGPAs) shall be used in development proposals for 39 subdivisions and short subdivisions in accordance with the following: 40 1. NGPAs shall delineate and protect those contiguous critical areas and buffers listed 41 below: 42 a. All landslide hazard areas and buffers, except when a development proposal is 43 approved in a landslide hazard area and/or buffer per a geotechnical report; 44 b. All wetlands and buffers; 45 c. All fish and wildlife habitat conservation areas; and 46 d. All other lands to be protected from impacts as conditioned by project approval; 47 2. NGPAs shall be recorded on all documents of title of record for all affected lots; 48 3. NGPAs shall be designated on the face of the plat or recorded drawing in a format 49 approved by the City and include the following restrictions: 50 a. Native vegetation shall be preserved within the NGPA for the purpose of preventing 51 harm to property and the environment; and SMP Attachment A Revised 82 of 90 Attachment A Exhibit B 1 b. The City of Medina has the right to enforce NGPA restrictions. 2 3 20.67.060 Critical areas report. 4 5 A. If fish and wildlife habitat conservation areas, wetlands, steep slopes and/or their buffers 6 may be affected by a proposed activity, the applicant shall submit a critical area report 7 meeting the following requirements: 8 1. Prepared by a qualified professional; 9 2. Incorporate the most current, accurate, and complete scientific and technical information 10 available using scientifically valid methods and studies in the analysis of critical area 11 data and field reconnaissance and reference the source of science used; and 12 3. Evaluate the proposal and all probable impacts to critical areas in accordance with the 13 provisions of these critical area regulations. 14 B. At a minimum the report shall include the following information: 15 1. The applicant's name and contact information, a project description, project location, and 16 identification of the permit requested; 17 2. A site plan for the proposal showing: 18 a. The development proposal with dimensions and any identified critical areas and 19 buffers within 200 feet of the proposed project; and 20 b. Limits of any areas to be cleared; 21 3. The date the report was prepared; 22 4. The names and qualifications of the persons preparing the report and documentation of 23 any fieldwork performed on the site; 24 5. Identification and characterization of all noncritical areas and critical areas and their 25 buffers within, and adjacent to, the proposed project area. This information shall include, 26 but is not limited to: 27 a. Size or acreage, if applicable; 28 b. Applicable topographic, vegetative, faunal, soil, substrate and hydrologic 29 characteristics; and 30 c. Relationship to other nearby critical areas; 31 6. An assessment of the probable cumulative impacts to critical areas resulting from the 32 proposed development; 33 7. An analysis of site development alternatives; 34 8. A description of reasonable efforts made to apply mitigation sequencing pursuant to 35 MMC 20.67.050(C) to avoid or compensate for impacts to shoreline ecological functions 36 as provided by critical areas; 37 9. Plans for mitigation in accordance with MMC 20.67.050(B), (C) and (D); and 38 10. Any additional information required for the critical area as specified in this chapter. 39 C. The applicant may consult with the Director prior to or during preparation of the critical area 40 report to obtain City approval of modifications to the required contents of the report where, in 41 the judgment of a qualified professional, more or less information is required to adequately 42 address the potential critical area impacts and required mitigation. 43 D. The Director may require additional information to be included in the critical area report and 44 may also require the critical area report to include an evaluation by the Department of 45 Ecology or an independent qualified expert when determined to be necessary to the review 46 of the proposed activity in accordance with these critical area regulations. 47 48 20.67.70 Wetlands 49 50 A. Designation. SMP Attachment A Revised 83 of 90 Attachment A Exhibit B 2 AM 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 C LC 1. Wetlands are those areas, designated in accordance with the approved federal wetland delineation manual and applicable regional supplements set forth in WAC 173-22-035. 2. All areas within the City of Medina that meet the wetland designation criteria in the manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of these critical area regulations. Wetland ratings. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system for Western Washington (Ecology Publication #04-06-025, or as revised and approved by Ecology). These documents contain the definitions and methods for determining if the criteria below are met. Wetland Rating Categories. 1. The following table provides a summary of the categories of wetland and the criteria for their categorization. Table 20.67.070(C) Wetland Categories Category Criteria for Designation • Represent a unique or rare wetland type; • Are more sensitive to disturbance than most wetlands; • Are relatively undisturbed and contain ecological Category I attributes that are impossible to replace within a human lifetime; or • Provide a high level of functions. • Score 70 points or higher on the rating system. • Are not defined as Category I wetlands. Category II • Are difficult, though not impossible, to replace; • Provide high levels of some functions; e Score 51 to 69 points on the rating system • Do not satisfy Category I or II criteria; Category III • Provide moderate levels of functions; • Score 30 to 50 on the rating system. • Do not satisfy Category I, II or III criteria; Category IV • Provide the lowest levels of functions; • Often are heavily disturbed; • Score fewer than 30 points on the rating system. 2. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the City, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. 3. Wetland rating categories shall not change due to illegal modifications made by the property owner or with the property owner's knowledge. Mapping. 1. The approximate location and extent of known wetlands are identified in the City of Medina Critical Areas Inventory. This inventory is to only be used as a guide for the City of Medina, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. The inventory is only a reference and does not provide a final critical area designation. 2. The exact location of a wetland's boundary shall be determined through the performance of a field investigation by a qualified professional applying the Washington State SMP Attachment A Revised 84 of 90 Attachment A Exhibit B 1 in accordance with the approved 2 federal wetland delineation manual and applicable regional supplements set forth in 3 WAC 173-22-035. 4 E. Wetlands — development standards. 5 1. Activities and uses shall be prohibited within wetland and wetland buffer areas, except 6 as provided for in these critical area regulations. 7 2. The following table contains wetland buffer widths: 8 9 Table 20.67.070(E) Wetland Buffer Widths Standard Buffer if Rating Buffer if Rating Buffer if Rating Wetland Buffer Score includes 21 Score includes Score includes Category Width — 25 Habitat points 26 — 29 Habitat 30 — 36 Habitat points points Category 1 75 feet 105 feet 165 feet 225 feet Category II 75 feet 105 feet 165 feet 225 feet Category III 60 feet 105 feet 165 feet Not Applicable Category IV 40 feet Not Applicable Not Applicable Not Applicable 10 11 3. The width of the wetland buffer shall be determined according to the wetland category 12 and habitat scoring of the wetland and Table 20.67.070(E). 13 4. Measurement of wetland buffers shall be from the outer edges of the wetland boundaries 14 as determined through the performance of a field investigation by a qualified 15 professional applying the wetlands identification and delineation pursuant to MMC 16 20.67.070 A and (B) and as surveyed in the field. 17 F. Wetland Buffer Reduction. The wetland buffer width in Table 20.67.070(E) may be reduced 18 by up to a maximum of 25 percent provided: 19 1. The amount of reduction is based on voluntary employment of incentive -based action 20 measures set forth in MMC 20.67.070(G); 21 2. A critical areas report prepared by a professional with expertise in wetlands and 22 approved by the City using the most current, accurate, and complete scientific and 23 technical information available determines a smaller area can be adequate to protect the 24 wetland functions and values based on site -specific characteristics; and 25 3. The mitigation provided will result in a net improvement of the wetland and buffer 26 functions; 27 4. Any remaining wetland buffer areas on the property not subject to the reduction, but are 28 degraded, are re -vegetated with native plants; and 29 5. A five year monitoring and maintenance program is provided. 30 G. The following table provides incentive options that may be employed to allow for the 31 reduction of a wetland buffer width as set forth in MMC 20.67.070(F). Where multiple 32 options for an action are prescribed in the table, only one option under that action may be 33 applied. 34 35 SMP Attachment A Revised 85 of 90 Attachment A Exhibit B 1 Table 20.67.070(G) Wetland Buffer Reduction Incentive Options Description of Action Options Reduction Allowance Remove at least 50 percent of the impervious surface within the reduced buffer area, but where the total 5 percent points impervious surface removed is less than 500 square feet Remove at least 50 percent of the Remove impervious surface within wetland impervious surface within the reduced buffer area buffer, but where the total impervious 10 percent points surface removed is more than 500 square feet Remove 100 percent of impervious surfaces within the reduced buffer, where 20 percent points at least 50 percent of the reduced buffer presently contains impervious surface Install bioswales, created and/ or Install Biofiltration/ enhanced wetlands, or ponds 20 percent points infiltration mechanisms supplemental to existing surface water drainage and water quality requirements Remove invasive, nonnative vegetation and continue maintenance during the 5- Remove invasive, year monitoring program of removing 10 percent points nonnative vegetation relatively dense stands of invasive, nonnative vegetation from significant portions of the reduced buffer area If not required by other provisions of the Install oil -water separator Medina Municipal Code, install oil -water 10 percent points separators for surface water quality control Replace Impervious Replace impervious materials for materials driveway/ road construction with pervious 10 percent points materials Provide off -site Restoration is provided at a 2:1 ratio or 10 percent points Restoration where no on- greater Restoration is provided at a 4:1 ratio or 20 percent points site restoration is available qreater Remove Toxic materials Remove significant refuse or sources of 10 percent points toxic material 2 3 H. Averaging of Wetland Buffer Width. The City may allow the wetland buffer width to be 4 averaged provided: 5 1. The proposal results in a net improvement of wetland, habitat and buffer function; 6 2. The proposal includes re -vegetation of the averaged buffer using native plants, if 7 needed; 8 3. The total area contained in the buffer of each wetland on the development proposal site 9 is not decreased; 10 4. The wetland buffer width is not reduced by more than 25 percent in any one location; 11 and SMP Attachment A Revised 86 of 90 Attachment A Exhibit B 1 5. A critical areas report meeting the requirements set forth in MMC 20.67.060 indicates 2 the criteria in this subsection will be met. 3 I. Wetland buffer averaging and wetland buffer reduction may not be used together on an 4 individual wetland. 5 J. Buffers for Mitigation Shall Be Consistent. All mitigation sites shall have buffers consistent 6 with the buffer requirements of this chapter. The buffer for a wetland that is created, 7 restored, or enhanced as compensation for approved wetland alterations shall have the 8 minimum buffer required for the highest wetland category involved. 9 K. Buffer Conditions Shall Be Maintained. Except as otherwise specified or allowed in 10 accordance with these critical area regulations, wetland buffers shall be retained in their 11 natural condition. 12 L. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those 13 areas to be disturbed pursuant to an approved permit or authorization shall be marked in the 14 field in such a way as to ensure that no unauthorized intrusion will occur, and inspected by 15 the City prior to the commencement of permitted activities. This temporary marking shall be 16 maintained throughout construction, and shall not be removed until permanent signs, if 17 required, are in place pursuant to MMC 20.67.070(M). 18 M. Permanent Signs. 19 1. As a condition of any permit or authorization issued pursuant to this chapter, the city 20 manager or designee may require the applicant to install permanent signs along the 21 boundary of a wetland or buffer. 22 2. Permanent signs shall be made of a metal face and attached to a metal post, or another 23 material of equal durability. The sign shall be worded as follows or with alternative 24 language approved by the city: 25 26 Protected Wetland Area 27 Do Not Disturb. 28 Contact the City of Medina 29 Regarding Uses and Restriction 30 31 3. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, 32 and must be maintained by the property owner in perpetuity. 33 N. Fencing. 34 1. The city manager or designee may condition any permit or authorization issued pursuant 35 to this chapter to require the applicant to install a permanent fence at the edge of the 36 wetland buffer, when fencing will prevent future impacts to the wetland. 37 2. Fencing installed as part of a proposed activity or as required in this subsection shall be 38 designed so as to not interfere with species migration, including fish runs, and shall be 39 constructed in a manner that minimizes impacts to the wetland and associated habitat. 40 O. Additional mitigation measures. In addition to the requirements in MMC 20.67.050(B), (C) 41 and (D), when mitigation for wetland and/ or wetland buffer impacts is required, the following 42 supplementary requirements shall apply: 43 1. Mitigation for alterations to wetland and/or wetland buffer shall achieve equivalent or 44 greater shoreline ecological functions and shall be consistent with the Department of 45 Ecology Guidance on Wetland Mitigation in Washington State (2004, Department of 46 Ecology Publication No. 04-06-013), as revised. 47 2. Wetland or wetland buffer mitigation actions shall not result in a net loss of wetland or 48 buffer area except when the lost wetland or buffer area provides minimal functions and 49 the mitigation action(s) results in a net gain in wetland or buffer functions as determined 50 by a site -specific function assessment. SMP Attachment A Revised 87 of 90 Attachment A Exhibit B 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 3. Mitigation actions shall address and provide equivalent or greater wetland and buffer functions and values compared to wetland and buffer conditions existing prior to the proposed alteration. 4. Mitigation actions shall be in -kind and conducted within the same basin and on the same site as the alteration except when the following apply: a. There are no reasonable on -site opportunities for mitigation or on -site opportunities do not have a high likelihood of success due to development pressures, adjacent land uses, or on -site buffers or connectivity are inadequate; b. Off -site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland; and c. Off -site locations shall be in the same basin and the same Water Resource Inventory Area (WRIA). 5. Mitigation Timing. Where feasible, mitigation projects shall be completed prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and flora. 6. Mitigation Ratios. a. The ratios in the following table shall apply to wetland creation or restoration that is in -kind, on -site, the same category, and has a high probability of success. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered. Table 20.67.070(0) Wetland Mitigation Ratios Wetland Category Creation or Re-establishment Enhancement as Mitigation Category 1 6:1 16:1 Category II 3:1 12:1 Category III 2:1 8:1 Category IV 1 1.5:1 1 6:1 b. Increased Replacement Ratio. The Director may increase the ratios under the following circumstances: i. Uncertainty exists as to the probable success of the proposed restoration or creation; or ii. A significant period of time will elapse between impact and replication of wetland functions; or iii. Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or iv. The impact was an unauthorized impact. c. Decreased Replacement Ratio. The Director may decrease these ratios under the following circumstances: i. Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions have a very high likelihood of success; ii. Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions will not result in a net loss of shoreline ecological functions; and iii. The proposed mitigation actions are conducted in advance of the impact and have been shown to be successful. SMP Attachment A Revised 88 of 90 Attachment A Exhibit B 1 d. Minimum Replacement Ratio. In all cases, a minimum acreage replacement ratio of 2 one-to-one shall be required. 3 7. Wetland Mitigation Banks. 4 a. Credits from a wetland mitigation bank may be approved for use as compensation for 5 unavoidable impacts to wetlands when: 6 i. The bank is certified under Chapter 173-700 WAC; 7 ii. The city manager or designee determines that the wetland mitigation bank 8 provides appropriate compensation for the authorized impacts; and 9 iii. The proposed use of credits is consistent with the terms and conditions of the 10 bank's certification. 11 b. Replacement ratios for projects using bank credits shall be consistent with 12 replacement ratios specified in the bank's certification. 13 c. Credits from a certified wetland mitigation bank may be used to compensate for 14 impacts located within the service area specified in the bank's certification. In some 15 cases, bank service areas may include portions of more than one WRIA for specific 16 wetland functions. 17 8. Wetland Enhancement as Mitigation. 18 a. Impacts to wetlands may be mitigated by enhancement of existing significantly 19 degraded wetlands. 20 b. Applicants proposing to enhance wetlands must produce a critical area report that 21 identifies how enhancement will increase the functions of the degraded wetland and 22 how this increase will adequately mitigate for the loss of wetland area and function at 23 the impact site. 24 c. The enhancement acreage shall be pursuant to the ratios in Table 20.67.070(0). 25 26 20.67.080 Geologically hazardous areas. 27 28 A. Geologically hazardous areas include those areas susceptible to erosion, sliding, 29 earthquake, or other geologic events. They pose a threat to the health and safety of citizens 30 when incompatible development is sited in areas of significant hazard. Such incompatible 31 development may not only place itself at risk, but also may increase the hazard to 32 surrounding development and use. In the City of Medina, areas susceptible to one or more 33 of the following types of hazards shall be designated as a geologically hazardous area: 34 1. Erosion hazard; 35 2. Landslide hazard; and 36 3. Seismic hazard. 37 B. Specific hazard areas — Designation. 38 1. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the 39 U.S. Department of Agriculture's Natural Resources Conservation Service as having a 40 "moderate to severe," "severe," or "very severe" rill and inter -rill erosion hazard. 41 2. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to 42 landslides based on a combination of geologic, topographic, and hydrologic factors. 43 They include areas susceptible because of any combination of bedrock, soil, slope 44 (gradient), slope aspect, structure, hydrology, or other factors. Example of these may 45 include, but are not limited to, the following: 46 a. Areas of historic failures, such as: 47 i. Those areas delineated by the U.S. Department of Agriculture's Natural 48 Resources Conservation Service as having a "severe" limitation for building site 49 development; SMP Attachment A Revised 89 of 90 Attachment A Exhibit B 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ii. Areas designated as quaternary slumps, earth -flows, mudflows, lahars, or landslides on maps published by the U.S. Geological Survey or Department of Natural Resources; b. Areas with all three of the following characteristics: i. Slopes steeper than 15 percent; and ii. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and iii. Springs or ground water seepage; c. Slopes that are parallel or sub -parallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials; d. Areas potentially unstable because of rapid stream incision, stream bank erosion, and undercutting by wave action; e. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and f. Steep slopes, which are any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief. 3. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of earthquake -induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington State. The strength of ground shaking is primarily affected by: a. The magnitude of an earthquake; b. The distance from the source of an earthquake; c. The type and thickness of geologic materials at the surface; and d. The subsurface geologic structure. Settlement and soil liquefaction conditions occur in areas underlain by cohesionless, loose, or soft -saturated soils of low density, typically in association with a shallow ground water table. C. Mapping. 1. The approximate location and extent of geologically hazardous areas are shown on the adopted critical area maps. The adopted critical area maps include: a. U.S. Geological Survey landslide hazard, seismic hazard and volcano hazard maps; b. Department of Natural Resources seismic hazard maps for Western Washington; c. Department of Natural Resources slope stability maps; d. Federal Emergency Management Administration flood insurance maps; and e. Locally adopted maps. 2. These maps are to be used as a guide for the City of Medina, project applicants and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. D. Additional report requirements. 1. For development proposed to be located in erosion or landslide hazard areas, the applicant shall submit a geotechnical report prepared by a qualified professional. A steep slope hazard must also meet the requirements for a critical area report set forth in MMC 20.67.060. 2. The Director may require a geotechnical report for development proposed in a seismic hazard area. SMP Attachment A Revised •1 . •M Attachment A Exhibit B 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 E. Where a geotechnical report is required, a geotechnical assessment of the geological hazards including the following site- and proposal -related information shall be included in either the geotechnical report or the critical areas report. 1. Site and construction plans for the proposal showing: a. The type and extent of geologic hazard areas, any other critical areas, and any critical area buffers on, adjacent to, within 200 feet of, or that are likely to impact the proposal or be impacted by the proposal; b. Proposed development, including the location of existing and proposed structures, fill, storage of materials, and drainage facilities, with dimensions indicating distances to the geologically hazardous area; and c. The topography, in two -foot contours, of the project area and all hazard areas addressed in the report; 2. An assessment of the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the project area and potentially affected adjacent properties, and a review of the site history regarding landslides, erosion, and prior grading. Soils analysis shall be accomplished in accordance with accepted taxonomic classification systems in use in the region. The assessment shall include, but not be limited to: a. A description of the surface and subsurface geology, hydrology, soils, and vegetation found in the project area and in all hazard areas addressed in the report; b. A detailed overview of the field investigations, published data and references; data and conclusions from past assessments of the site; and site specific measurements, tests, investigations, or studies that support the identification of geologically hazardous areas; and c. A description of the vulnerability of the site to the relevant geologic hazard; 3. A geotechnical analysis including a detailed description of the project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area, the subject property and affected adjacent properties; and 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(Jl). 5. When hazard mitigation is required: a. The mitigation plan shall specifically address how the activity maintains or reduces the pre-existing level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation); b. Proposed mitigation techniques shall be considered to provide long-term hazard reduction only if they do not require regular maintenance or other actions to maintain their function; and c. Mitigation may also be required to avoid any increase in risk above the pre-existing conditions following abandonment of the activity. 6. Where a valid geotechnical report has been prepared and approved by the City within the last five years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, said report may be incorporated into the required critical area or geotechnical report provided the applicant submits a geotechnical assessment detailing any changed environmental conditions associated with the site. 7. Additional information determined by the Director to be necessary to the review of the proposed activity and the subject hazard. F. In addition to the geotechnical report requirements specified in MMC 20.67.080(E), a geotechnical or critical area report (as specified in MMC 20.67.080(D)) for an erosion hazard or landslide hazard shall include the following information: SMP Attachment A Revised 91 of 90 Attachment A Exhibit B 1 1. A site plan for the proposal showing the following: 2 a. The height of slope, slope gradient, and cross section of the project area; 3 b. The location of springs, seeps, or other surface expressions of ground water on or 4 within 200 feet of the project area or that have potential to be affected by the 5 proposal; and 6 c. The location and description of surface water runoff. 7 2. The geotechnical analysis shall specifically include: 8 a. A description of the extent and type of vegetative cover; 9 b. An estimate of load capacity including surface and ground water conditions, public 10 and private sewage disposal systems, fills and excavations, and all structural 11 development; 12 c. An estimate of slope stability and the effect construction and placement of structures 13 will have on the slope over the estimated life of the structure; 14 d. An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic 15 events such as seismic activity or a 100-year storm event; 16 e. Consideration of the run -out hazard of landslide debris and/or the impacts of 17 landslide run -out on down -slope properties; 18 f. A study of slope stability including an analysis of proposed angles of cut and fills and 19 site grading; 20 g. Recommendations for building limitations, structural foundations, and an estimate of 21 foundation settlement; and 22 h. An analysis of proposed surface and subsurface drainage, and the vulnerability of 23 the site to erosion. 24 3. For any development proposal on a site containing an erosion hazard area, an erosion 25 and sediment control plan shall be required. 26 4. A drainage plan for the collection, transport, treatment, discharge and/or recycle of 27 water. 28 5. Whenever development, including, but not limited to, stairs, pathways, trams and their 29 support structures, retaining walls, and structures, is performed on any erosion, landslide 30 hazard, or steep slope area as defined in this chapter, a mitigation plan shall be 31 prepared. 32 a. The plan shall include the location and methods of drainage, surface water 33 management, locations and methods of erosion control, a vegetation management 34 and/or replanting plan, and/or other means for maintaining long-term soil stability. 35 b. All disturbed areas shall be re -vegetated by the property owner. 36 c. Re -vegetation shall include planting of species indigenous to the Northwest, together 37 with a schedule of their maintenance. 38 6. Monitoring Surface Waters. If the Director determines that there is a significant risk of 39 damage to downstream receiving waters due to potential erosion from the site, based on 40 the size of the project, the proximity to the receiving waters, or the sensitivity of the 41 receiving waters, the report shall include a plan to monitor the surface water discharge 42 from the site. The monitoring plan shall include a recommended schedule for submitting 43 monitoring reports to the City of Medina. 44 G. Seismic hazard areas shall require geotechnical reporting consistent with MMC 45 20.67.080(E) and the following: 46 a. The site map shall show all known and mapped faults within 200 feet of the project area 47 or that have potential to be affected by the proposal. 48 b. The geotechnical analysis shall include a complete discussion of the potential impacts of 49 seismic activity on the site (for example, forces generated and fault displacement). 50 H. Geologically hazardous areas — general development standards. SMP Attachment A Revised 92 of 90 Attachment A Exhibit B 1 1. Alterations of geologically hazardous areas or associated buffers may only occur for 2 activities that a qualified professional determines: 3 a. Will not increase the threat of the geologic hazard to adjacent properties beyond 4 predevelopment conditions; 5 b. Will not adversely impact other critical areas or their buffers; 6 c. Are designed so that the hazard is eliminated or mitigated to a level equal to or less 7 than predevelopment conditions; and 8 d. Are certified as safe by a qualified engineer or geologist, licensed in the state of 9 Washington. 10 2. Essential Public Facilities Prohibited. Essential public facilities shall not be sited within 11 geologically hazardous areas unless there is no other practical alternative. 12 I. Geologically hazardous areas — specific development standards. 13 1. Alterations of an erosion or landslide hazard area and/or buffer may only occur for 14 activities for which a geotechnical report is submitted and certifies that: 15 a. The development will not increase surface water discharge or sedimentation to 16 adjacent properties beyond predevelopment conditions; 17 b. The development will not decrease slope stability on adjacent properties; and 18 c. Such alterations will not adversely impact other critical areas or their buffers. 19 2. A buffer shall be established from all edges of steep slopes as defined in MMC 20 20.67.080(B)(2)(f). The size of the buffer shall be determined by the Director to eliminate 21 or minimize the risk of property damage, death or injury resulting from erosion and 22 landslides caused in whole or part by the development, based upon review of and con- 23 currence with a critical area report prepared by a qualified professional. 24 a. Minimum Buffer. 25 i. At the base of a steep slope, the buffer shall be equal to one-half the height of 26 the slope. The height of the slope shall be measured vertically from the toe to the 27 top of the slope. For slopes less than 100 percent, the buffer shall be measured 28 horizontally from the toe of the slope. For slopes greater than or equal to 100 29 percent, the buffer shall be measured horizontally from the projection of a 100- 30 percent slope originating at the top of the slope. 31 ii. At the top of a steep slope, the buffer shall be equal to one-third the height of the 32 slope. The height of the slope shall be measured vertically from the toe to the top 33 of the slope. For slopes less than 100 percent, the buffer shall be measured 34 horizontally from the top of the slope. For slopes greater than or equal to 100 35 percent, the buffer shall be measured horizontally from the projection of a 100- 36 percent slope originating at the toe of the slope. 37 iii. The buffer may be reduced when a qualified professional demonstrates to the 38 City's satisfaction that the reduction will not increase the risk to health and safety. 39 iv. The buffer may be increased where the Director determines a larger buffer is 40 necessary to prevent risk of damage to proposed and existing development. 41 3. Development within erosion or landslide hazard areas and/or their buffers shall be 42 designed to meet the following basic requirements unless it can be demonstrated that an 43 alternative design that deviates from one or more of these standards provides equivalent 44 or greater long-term slope stability while meeting all other provisions of these critical 45 area regulations. The requirement for long-term slope stability shall exclude designs that 46 require periodic maintenance or other actions to maintain their level of function. The 47 basic development design standards are: 48 a. The proposed development shall not decrease the factor of safety for landslide 49 occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic 50 conditions. Analysis of dynamic conditions shall be based on a minimum horizontal 51 acceleration as established by the current version of the International Building Code; SMP Attachment A Revised 93 of 90 Attachment A Exhibit B 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 4 5. L-1 7 0 10 11 b. Structures and improvements shall minimize alterations to the natural contour of the slope and foundations shall be tiered where possible to conform to existing topography; c. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation; d. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties; e. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and f. Development shall be designed to minimize impervious lot coverage. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited. Clearing shall be allowed only from May 1st to October 1st of each year; provided, that the City of Medina may extend or shorten the dry season on a case -by -case basis depending on actual weather conditions. Utility lines and pipes shall be permitted in erosion and landslide hazard areas only when the applicant demonstrates that no other practical alternative is available. The line or pipe shall be located above ground and properly anchored and/or designed so that it will continue to function in the event of an underlying slide. Stormwater conveyance shall be allowed only through a high -density polyethylene pipe with fuse -welded joints, or similar product that is technically equal or superior. Point discharges from surface water facilities and roof drains onto or upstream from erosion or landslide hazard area shall be prohibited except as follows: a. Conveyed via continuous storm pipe down -slope to a point where there are no erosion hazards areas downstream from the discharge; b. Discharged at flow durations matching pre -developed conditions, with adequate energy dissipation, into existing channels that previously conveyed stormwater runoff in the pre -developed state; or c. Dispersed discharge upslope of the steep slope onto a low -gradient undisturbed buffer demonstrated to be adequate to infiltrate all surface and stormwater runoff. The division of land in erosion and landslide hazard areas and associated buffers is subject to the following: a. Land that is located wholly within erosion or landslide hazard area or its buffer may not be subdivided. Land that is located partially within erosion or landslide hazard area or its buffer may be divided; provided, that each resulting lot has sufficient buildable area outside of, and will not affect, the erosion or landslide hazard or its buffer. b. Access roads and utilities may be permitted within the erosion or landslide hazard area and associated buffers if the City of Medina determines that no other feasible alternative exists. On -site sewage disposal systems, including drain fields and infiltration drainage systems, shall be prohibited within erosion and landslide hazard areas and related buffers. New stabilization structures for existing primary residences shall be permitted within shoreline areas only where no alternatives (including relocation or reconstruction of existing structures) are feasible and less expensive than the proposed stabilization measure, and then only if no net loss of shoreline ecological functions will result. Activities proposed to be located in seismic hazard areas shall meet the standards of MMC 20.67.080(H). SMP Attachment A Revised 94 of 90 Attachment A Exhibit B 1 20.67.090 Fish and Wildlife Habitat Conservation Areas 2 3 4of the state qualify feF a 5 . 6 A. Fish and wildlife habitat conservation areas include: 7 1. Areas with which state or federally designated endangered, threatened, and sensitive 8 species have a primary association. 9 a. Federally designated endangered and threatened species are those fish and wildlife 10 species identified by the U.S. Fish and Wildlife Service and the National Marine 11 Fisheries Service that are in danger of extinction or are threatened to become 12 endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries 13 Service should be consulted as necessary for current listing status. 14 b. State designated endangered, threatened, and sensitive species are those fish and 15 wildlife species native to the state of Washington, identified by the State Department 16 of Fish and Wildlife, that are in danger of extinction, threatened to become 17 endangered, vulnerable, or declining and are likely to become endangered or 18 threatened in a significant portion of their range within the state without cooperative 19 management or removal of threats. State designated endangered, threatened, and 20 sensitive species are periodically recorded in WAC 232-12-014 (state endangered 21 species), and WAC 232-12-011 (state threatened and sensitive species). The State 22 Department of Fish and Wildlife maintains the most current listing and should be 23 consulted as necessary for current listing status. 24 2. State Priority Habitats and Species. Priority habitats and species are considered to be 25 priorities for conservation and management. Priority species require protective 26 measures for their perpetuation due to their population status; sensitivity to habitat 27 alteration; and/or recreational, commercial, or tribal importance. Priority habitats are 28 those habitat types or elements with unique or significant value to a diverse assemblage 29 of species. A priority habitat may consist of a unique vegetation type or dominant plant 30 species, a described successional stage, or a specific structural element. Priority 31 habitats and species are identified by the State Department of Fish and Wildlife. 32 3. Habitats and Species of Local Importance. Habitats and species of local importance are 33 those identified by the city as approved by the Medina City Council, including those that 34 possess unusual or unique habitat warranting protection. 35 4. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds 36 under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, 37 including those artificial ponds intentionally created from dry areas in order to mitigate 38 impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed 39 and created from dry sites, such as canals, detention facilities, wastewater treatment 40 facilities, farm ponds, temporary construction ponds, and landscape amenities, unless 41 such artificial ponds were intentionally created for mitigation. 42 5. Waters of the State. In the City of Medina, waters of the state include lakes, ponds, 43 streams, inland waters, underground waters, and all other surface waters and 44 watercourses within the jurisdiction of the State of Washington, as classified in WAC 45 222-16-031, RGt ORGluding Type S eF Type 1 Watefs. 46 6. State Natural Area Preserves and Natural Resource Conservation Areas. Natural area 47 preserves and natural resource conservation areas are defined, established, and 48 managed by the State Department of Natural Resources. 49 7. Land found by the Medina City Council to be essential for preserving connections 50 between habitat blocks and open spaces. 51 B. Water typing. Streams shall be designated in accordance with Table 20.67.090(B): SMP Attachment A Revised 95 of 90 Attachment A Exhibit B Table 20.67.090 B Stream Water T e Water Typing Designation Criteria Segments of streams that are at least seasonally utilized by fish for spawning, rearing or migration. Stream segments which are fish passable from Lake Type 1 Stream Washington are presumed to have at least seasonal fish use. Fish passage should be determined using the best professional judgment of a qualified professional. Perennial non fish -bearing streams. Perennial streams do not go dry any time during a year of normal rainfall. However, for the purpose of stream typing, Type 2 streams include the intermittent dry Type 2 Stream portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations then the point of perennial flow should be determined using the best professional judgment of a qualified professional. Segments of natural waters that are not classified as Type 1 or 2 streams. These are seasonal, non fish - Type 3 Stream bearing streams in which surface flow is not present for a significant portion of a year of normal rainfall and are not located downstream from any Type 2 or higher stream. 3 C. Mapping 4 1. The approximate location and extent of habitat conservation areas are shown on the 5 critical area maps adopted by the City of Medina, as most recently updated. The 6 following critical area maps are hereby adopted: 7 a. Department of Fish and Wildlife Priority Habitat and Species Maps; 8 b. Department of Natural Resources, Official Water Type Reference Maps, as 9 amended; 10 c. Anadromous and resident salmonid distribution maps contained in the Habitat 11 Limiting Factors Reports published by the Washington Conservation Commission; 12 d. Department of Natural Resources State Natural Area Preserves and Natural 13 Resource Conservation Area Maps; and 14 e. City of Medina official habitat maps. 15 2. These maps are to be used as a guide for the City of Medina, project applicants, and/or 16 property owners. They are a reference and do not provide a final critical area 17 18 19 20 21 22 23 24 designation. D. Initial fish and wildlife habitat assessment. 1. An applicant proposing development activities and uses located adjacent to or within fish and wildlife habitat conservation areas, which are defined in MMC 20.67.090(A) may have a written initial fish and wildlife habitat assessment prepared to investigate the presence and extent of regulated site -specific habitat within the project area prior to satisfying the requirements set forth in MMC 20.67.060(Critical Areas Report) and MMC 20.67.090 (Fish and Wildlife Habitat Conservation Areas). SMP Attachment A Revised 96 of 90 Attachment A Exhibit B 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2. The initial fish and wildlife habitat assessment is a preliminary investigation to determine the presence or absence of site -specific critical fish and wildlife habitat within the proiect area. 3. The initial fish and wildlife habitat assessment shall be prepared by a qualified professional and include the following content: a. A description of the proiect area; b. Information documenting the investigation of the proiect area; c. _ Findings based on the investigation stating whether critical fish and wildlife habitat is present or absent within the proiect area (the presence of critical fish species alone does not constitute a site -specific critical fish and wildlife habitat); and d. Any suggested relevant recommendations or best management practices assuring compliance with this chapter. The qualified professional may consult with the Director prior to or during the preparation of the assessment to determine if more or less information is necessary. 4. Results of the initial fish and wildlife assessment: a. If the assessment shows the presence of site -specific critical fish and wildlife habitat within the proiect area, then the requirements set forth in MMC 20.67.060 and MMC 20.67.090 shall apply. b. If the assessment shows the absence of site -specific critical fish and wildlife habitat within the proiect area; then further analysis through the requirements set forth in MMC 20.67.060 and MMC 20.67.090 shall not be required. The shoreline master program standards set forth in Chapters 20.60 through 20.66 shall be followed. 8E. Except where MMC 20.67.090(D)(4) In addition to the critical area report requirements prescribed in MMC 20.67.060, a habitat assessment shall be included. A habitat assessment is an investigation of the project area to evaluate the presence or absence of potential critical fish or wildlife habitat. The habitat assessment shall include the following site- and proposal -related information: 1. Identification of any species of local importance, priority species, or endangered, threatened, sensitive or candidate species that has a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; 2. A discussion of any federal, state, or local special management recommendations, including Department of Fish and Wildlife habitat management recommendations that have been developed for species or habitats located on or adjacent to the project area; 3. A discussion of any ongoing management practices that will protect habitat after the project site has been developed, including any proposed monitoring and maintenance programs; 4. When appropriate due to the type of habitat or species present or the project area conditions, the Director may also require the habitat management plan to include: a. An evaluation by the State Department of Fish and Wildlife, local Native American Indian tribe, or other qualified expert regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; and/or b. Detailed surface and subsurface hydrologic features both on and adjacent to the site. U. Fish and wildlife habitat conservation areas — general development standards. 1. A habitat conservation area may be altered only if consistent with mitigation sequencinq as prescribed in MMC 20.67.050(C) 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 within #Fem habitat conservation areas, except as allowed in accordance with this chapter. SMP Attachment A Revised 97 of 90 Attachment A Exhibit B 1 2. Whenever activities are proposed in or adjacent to a habitat conservation area, except 2 as outlined in MMC 20.67.090(D), which state or federally endangered or threatened 3 species have a primary association, such area shall be protected through the application 4 of measures in accordance with a critical area report prepared by a qualified 5 professional and approved by the city, and guidance provided by the appropriate state 6 and/or federal agencies. 7 3. All activities, uses, and alterations proposed to be located in or within the established 8 buffers of water bodies used by anadromous fish shall give special consideration to the 9 preservation and enhancement of anadromous fish and fish habitat. 10 4. Plant, wildlife, or fish species not indigenous to Western Washington State shall be 11 excluded from habitat conservation areas unless authorized by a state or federal permit 12 or approval. 13 5. Mitigation sites shall be located to achieve contiguous wildlife habitat corridors in 14 accordance with a mitigation plan that is part of an approved critical area report to 15 minimize the isolating effects of development on habitat areas, so long as mitigation of 16 aquatic habitat is located within the same aquatic ecosystem as the area disturbed. 17 6. The Director shall condition approvals of activities allowed within or adjacent to a habitat 18 conservation area or its buffers consistent with the mitigation sequencing set forth in 19 MMC 20.67.050(C). Conditions may include, but are not limited to, the following: 20 a. Establishment of buffer zones; 21 b. Preservation of critically important vegetation; 22 c. Limitation of public access to the habitat area, including fencing to deter 23 unauthorized access; 24 d. Seasonal restriction of construction activities; 25 e. Establishment of a duration and timetable for periodic review of mitigation activities; 26 and 27 f. Requirement of a performance bond, when necessary, to ensure completion and 28 success of proposed mitigation. 29 I 7. Mitigation of alterations to habitat conservation areas shall achieve equivalent or gFeate 30 superior shoreline ecological functions, and shall include mitigation for adverse impacts 31 upstream or downstream of the development proposal site as appropriate. Mitigation 32 shall address each function affected by the alteration to achieve functional equivalency 33 or improvement on a per function basis. Mitigation should occur in the same sub- 34 drainage basin as the habitat impacted. 35 8. Any approval of alterations or impacts to a habitat conservation area shall be supported 36 by the most current, accurate, and complete scientific and technical information 37 available. 38G. Fish and wildlife habitat conservation area — buffers. 39 1. The Director shall require the establishment of buffer areas for activities in, or adjacent 40 to, habitat conservation areas when needed to protect habitat conservation areas. 41 a. Buffers shall consist of an undisturbed area of native vegetation, or areas identified 42 for restoration, established to protect the integrity, functions and values of the 43 affected habitat. 44 b. Required buffer widths shall reflect the sensitivity of the habitat and the type and 45 intensity of human activity proposed to be conducted nearby. 46 c. As a general rule critical area buffers are not required along Lake Washington, 47 except buffers may be required consistent with this section if a specific area within 48 the lake is identified as a fish and wildlife habitat conservation area. The 49 determination of a specific area being a fish and wildlife habitat conservation area 50 shall be made on a site specific, case -by -case basis. SMP Attachment A Revised 98 of 90 Attachment A Exhibit B 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. The following standard buffers shall be established, measured outward on the horizontal plane from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified: Table 20.67.090(F)(2) Stream Buffers Water Type Standard Buffer Width Minimum Buffer Width with Enhancement Type 1 Stream 100 feet 50 feet Type 2 Stream 75 feet 37.5 feet Type 3 Stream 50 feet 25 feet 3. Reduction of Stream Buffer Widths. The Director may allow the standard buffer width to be reduced by up to the listed minimum buffer width in Table 20.67.090(F)(2) provided: a. A critical area report and mitigation plan approved by the City, and the most current, accurate, and complete scientific and technical information available applied on a case -by -case basis determine that a smaller area is adequate to protect the habitat functions and values based on site -specific characteristics and the proposal will result in a net improvement of stream and buffer functions; b. A plan for mitigating buffer -reduction impacts is prepared using selected incentive - based mitigation options in Table 20.67.090(F)(3); c. Where a substantial portion of the remaining buffer is degraded, re -vegetation with native plants in the degraded portions shall be included in the remaining buffer area; and d. A five year monitoring and maintenance plan shall be included. c. Incentive options may be accumulatively applied to allow a reduction allowance not to exceed 50 percent of the standard buffer width and Table 20.67.090(F)(2). d. Where multiple options for an action are prescribed in the Table 20.67.090(F)(3), only one option under that action may be applied. Table 20.67.090 F 3 Stream Buffer Reduction Incentive O tions Description of Action Options Reduction Allowance Reduce impervious surfaces within the to- Up to 10 be -remaining buffer area by at least 50 percentage Removal of Impervious percent points Remove all impervious surface where the to- Up to 20 Surface be remaining buffer is presently more than percentage 50 percent impervious points Installation of bio- Install bioswales, created and/or enhanced Up to 20 filtration/infiltration wetlands, or ponds supplemental to existing percentage mechanisms storm drainage and water quality points requirements Remove and employ extended (minimum five-year) monitoring and continued -removal Up to 10 Removal of invasive, maintenance of relatively dense stands of percentage nonnative vegetation invasive, nonnative vegetation from points significant portions of the remaining buffer area In -stream habitat Placement of log structure, bioengineered Up to 20 enhancement bank stabilization, or culvert removal; percentage SMP Attachment A Revised 99 of 90 Attachment A Exhibit B points Improve fish passage and/or creation of side Up to 25 channel or backwater areas. percentage points Installation of oil/water If not required by other provisions of the Up to 10 separators Medina Municipal Code, install oil/water percentage se arator for stormwater quality control points Use of pervious Use pervious materials for driveway/ road Up to 10 materials construction percentage points Restoration is provided at a 2:1 ratio or Up to 10 greater percentage Off -site restoration, if no points on -site area is possible Restoration is provided at a 4:1 ratio or Up to 20 greater percentage points Remove toxic material Remove significant refuse or sources of Up to 10 percentage toxic material points 2 4. Averaging of Stream Buffer Widths. The Director may allow the standard stream buffer 3 width to be averaged in accordance with a critical area report if: 4 a. The proposal will result in a net improvement of stream, habitat and buffer function; 5 b. The proposal will include re -vegetation of the averaged buffer using native plants, if 6 needed; 7 c. The total area contained in the buffer of each stream on the development proposal 8 site is not decreased; and 9 d. The standard stream buffer width is not reduced by more than 50 percent or to less 10 than 25 feet wide, whichever is greater, in any one location. 11 GH. Signs and Fencing. 12 1. The outer perimeter of the habitat conservation area or buffer and the limits of those 13 areas to be disturbed pursuant to an approved permit or authorization shall be marked in 14 the field in such a way as to ensure that no unauthorized disturbance will occur, and 15 verified by the Director prior to the commencement of permitted activities. This 16 temporary marking shall be maintained throughout construction, and shall not be 17 removed until permanent signs, if required, are in place. 18 2. As a condition of any permit or authorization issued pursuant to this chapter, the Director 19 may require an applicant to install permanent signs along the boundary of a habitat 20 conservation area or buffer. Permanent signs shall be made of a metal face and 21 attached to a metal post, or another material of equal durability. Signs must be posted at 22 an interval of one per lot or every 50 feet, whichever is less, and must be maintained by 23 the property owner in perpetuity. The sign shall be worded as follows or with alternative 24 language approved by the city manager or designee: 25 26 Habitat Conservation Area 27 Do Not Disturb 28 Contact City of Medina Regarding Uses and Restriction 29 Fencing 30 SMP Attachment A Revised 100 of 90 Attachment A Exhibit B 1 3. The city manager or designee may condition any permit or authorization issued pursuant 2 to this chapter to require the applicant to install a permanent fence at the edge of the 3 habitat conservation area or buffer, when fencing may prevent future impacts to the 4 habitat conservation area. 5 4. Fencing installed as part of a proposed activity or as required in this subsection shall be 6 designed so as to minimize interference with species migration, including fish runs, and 7 shall be constructed in a manner that minimizes habitat impacts. 8 5. The subdivision and short subdivision of land in fish and wildlife habitat conservation 9 areas and associated buffers is subject to the following: 10 a. Land that is located wholly within a habitat conservation area or its buffer may not be 11 subdivided. 12 b. Land that is located partially within a habitat conservation area or its buffer may be 13 divided; provided, that an accessible and contiguous portion of each new lot is 14 located outside of the habitat conservation area or its buffer and meets the City of 15 Medina's minimum lot size requirements. 16 c. Access roads and utilities serving the proposed lots may be permitted within the 17 habitat conservation area and associated buffers only if the City of Medina 18 determines that no other feasible alternative exists and when consistent with these 19 critical areas regulations. 20 SMP Attachment A Revised 101 of 90 Attachment B Exhibit C 2. NATURAL ENVIRONMENT ELEMENT INTRODUCTION The quality of life in the Pacific Northwest is often equated with the quality of the environment. Protecting and restoring air quality, water resources, soils, and plant, fish and animal habitats are important goals for the City of Medina. This is particularly vital in light of recent federal Endangered Species Act listings of several salmonid species. Chinook salmon and bull trout are listed as threatened by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS), respectively. Coho salmon are a candidate species listed by NMFS. All of these species are found in Lake Washington. Medina is committed to federal, state, and regional goals of endangered species recovery of listed salmon species by addressing salmon habitat needs within and adjacent to its boundaries with Lake Washington. However, protecting these resources is challenging for a fully developed community. The Growth Management Act (GMA) requires that comprehensive plans establish critical areas policies based on best available science as defined by WAC 365-195-905. In addition, "...cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries." King County countywide planning policies (CPP) direct local jurisdictions to "protect and enhance the natural ecosystems," including critical areas. Critical areas include wetlands, fish and wildlife habitat conservation areas, aquifer recharge areas, frequently flooded areas, and geologically hazardous areas. This section establishes critical areas policies based on best available science to protect the environment and enhance the community's quality of life within the constraints of a fully developed community. The GMA also mandates the conservation of natural resources, such as agricultural, forest, and mineral resource lands. However, Medina has none of these areas so natural resource lands will not be addressed further. EXISTING CONDITIONS The City of Medina is located within the Lake Washington/Cedar River/Sammamish Watershed, also known as Water Resource Inventory Area (WRIA) 8. The 1992 Critical Areas Inventory identifies and describes some of the most important critical areas within Medina. The study identified six potential fish and wildlife habitat conservation areas: • Fairweather Park [Fairweather Nature Preserve], • Medina Park and adjacent wetlands at Overlake Golf & Country Club, • Portions of the Lake Washington shoreline, • Medina Creek (a.k.a, Fairweather Bay Creek), • an unnamed creek draining from the Medina Park ponds, and • an unnamed creek originating in the south Clyde Hill area. These features and their vegetated buffers provide moderate habitat functions for small mammals, a variety of birds, amphibians, reptiles, and invertebrates typically found in urban green spaces. In addition, all of these features are adjacent to or ultimately drain into Lake Washington, a water body which contains Endangered Species Act -listed fish. However, none of these features, aside from the Lake Washington shoreline itself, contain listed fish. Therefore, from an ESA perspective, the most valuable function of these features to be preserved and enhanced is water quality treatment and storage, and groundwater recharge. Other possible functions include passive recreation and environmental education. GOALS NE-G1 To achieve a well-balanced relationship between the built and natural environments utilizing guidance derived from best available science. NE-G2 To prioritize stormwater management, point and non -point pollutant discharge reduction, and erosion control methodologies to reduce short-term and long-term water quality impacts. NE-G3 To promote community -wide stewardship of the natural environment for future generations through protection, preservation/conservation, and enhancement of those natural environment features which are most sensitive to human activities and which are critical to fish and wildlife survival and proliferation. POLICIES NE -PI The City shall maintain and update critical areas regulations as required by the GMA, and utilizing the best available science. NE-P2 The City shall preserve and should enhance where possible the functions and values of Medina's critical areas in a manner consistent with best available science. NE-P3 The City shall coordinate with other cities, King County, federal and state agencies, tribes, and the WRIA 8 Steering Committee on regional environmental issues, such as surface and groundwater quality and quantity, and salmon conservation. NE-P4 No net loss of wetlands functions, values, and acreage should result from development. NE-P5 The City shall work to protect, preserve and, where possible, enhance water quality in Lake Washington and Medina Creek. NE-P6 The City shall develop a mitigation incentives program that promotes improved water quality. Incentives should be monitored to determine effectiveness. NE-P7 The City shall work to preserve stream corridors wide enough to maintain and enhance existing stream and habitat functions in all development proposals by use of native growth protection easements or other appropriate mechanisms. NE-P8 The City should restore Medina Creek to provide salmon habitat by developing and implementing a salmon restoration/habitat recovery plan that addresses, among other things, management of SR 520 stormwater run-off. NE-P9 The City shall prohibit the introduction of invasive plant species and encourage enhancement of native plant communities in natural areas, which include, but are not limited Attachment B Exhibit C to, fish and wildlife habitat conservation areas and their buffers. NE-P 10 The City should encourage and educate residents on development and land use practices that minimize impacts on the natural environment, with emphasis on anadromous fisheries. 2.1 SHORELINE MANAGEMENT SUB -ELEMENT INTRODUCTION The Washington State Legislature passed into law the Shoreline Management Act (SMA) in 1971 with the paramount objectives to protect and restore the valuable natural resources that shorelines represent and to plan for and foster all "reasonable and appropriate uses" that are dependent upon a waterfront location or which will offer the opportunities for the public to enjoy the state's shorelines. The szoals and policies of the SMA constitute one of the goals of the Growth Management Act as set forth in RCW 36.70A.020. Administration of the SMA is a cooperative effort balancing local and state wide interest in the management and development of shoreline areas. The City manages the shoreline areas through implementation of its shoreline master program. The goals and policies set forth in this sub -element are combined with the regulations set forth in Subtitle 20.6 of the Medina Municipal Code and together constitute the Medina Shoreline Master Program. This master program represents the City's participation in a coordinated planning effort to protect the public interest associated with the shorelines of the state. at the same time. recoanizin and protecting private property rights consistent with the public interest. ((by p2£i�+s) shores development. tThe + 'zvr ixcccE'b `"'crir.—rn2-masc� e tic -es. C lleetivel , the 1, e ffll mas*or programseampr-e the SSher-eline Master- Program. Under- the +�+o , eaeh eity and raeunty in Washington State is The Citv of Medina is a low-densit residential community that encompasses approximately 109 acres of shoreline jurisdiction and 4.5 miles of waterfront (23,760 feet). Except for about 780 feet of publicly and state owned property, all of the Citv's shoreline is privately owned and zoned for residential. Medina originally adopted a Shoreline (( )) Master Program in 1974. The program was updated in 2012 to com with the 2003 Department of Ecology Guidelines found in WAC 173-26. ((fie VISION FOR THE SHORELINE MASTER PROGRAM The residential nature of the City's shoreline makes preservation of this character while encouraging_ good stewardship and enjoyment of the shoreline, including protecting and preserving shoreline ecological functions, the primary vision of the shoreline master program. GOALS AND POLICIES The City's Shoreline (( )) Master Program provides goals and policies involving the protection of, and appropriate uses for, the shoreline. ((Engressed .� The goals and policies are grouped into the following categories: A. Shorelines of Statewide Significance B. Shoreline Environments; C. Shoreline Use and Activities; D. Public Access; E. Recreation; F. Circulation, G. Utilities; H. Environment; I. Archaeological, Historic and Cultural J. Resources; and K. Shoreline Restoration and Ecological Enhancements. A. Shorelines of Statewide Significance GOALS SM-G1 Implement the policies of the Shoreline Management Act as enunciated in RCW 90.58.020. POLICIES SM-P1.1 This Shoreline Master Program shall be developed using the following_ guidelines in order of preference: a. Recognize and protect the state-wide interest over local interest. b. Preserve the natural character of the shoreline. c. Support actions that result in long-term benefits over short- term benefits. d. Protect the resources and ecology of the shoreline. e. Increase public access to publicly owned areas of the shorelines. ef. Increase recreational opportunities for the public in the shoreline. B. Environmental Designations The intent of a shoreline environment designation is to preserve and enhance shoreline ecological functions and to encourage development that will enhance the present or desired future character of the shoreline. To accomplish this, shoreline segments are given an environment designation based on existing and planned development patterns, biologicalpabilities and limitations, and the aspirations of the local citizenry. Attachment B Exhibit C GOALS SM-G2 Provide a comprehensive shoreline environment designation system to categorize Medina's shorelines into similar shoreline areas to guide the use and management of these areas. POLICIES SM-P2.1 Designate properties residential to accommodate detached single- family development. Desiknation criteria: Assi residential environment designation to shoreline areas predominantly single- amily residential development or are planned and platted for residential development. Areas designated as Residential are predominantly single-family residential development and comprise approximately 98 percent of the City's shoreline jurisdiction. The followingmana eg ment policies should guide development within these areas: a. Residential activities are preferred over other land and resource consumptive development or uses. Limited non-residential uses, such as parks, day cares, home businesses may be allowed, provided they are consistent with the residential character and the City's land use regulations. b. Development should be located, sited, designed and maintained to protect, enhance and be compatible with the shoreline environment. C. Development regulations should require the preservation of ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. SM-P2.2 Designate nronerties Urban Conservancy to protect and restore ecological functions of open space, flood plain and other sensitive lands, while allowing a variety of compatible uses. Desiknation criteria: Assign Urban Conservancy environmental designation to shoreline areas appropriate and planned for development that is compatible with maintaining or restoring of the ecological functions of the area, that are not enerally suitable for water -dependent uses and that lie in incorporated municipalities, urban zrowth areas, or commercial or industrial "rural areas of more intense development" ilany of the ollowing characteristics apply: • They are suitable, or water - related or water-enLoyment uses; • They are open space, flood plain or other sensitive areas that should not be more intensively developed; • They have potential fo ecological restoration; • Thev retain important ecolo i� functions, even though partially developed; or • They have the potential for d. Standards should be established development that is compatible for shoreline stabilization, with ecological restoration vegetation conservation, water Areas designated as Urban quality, and shoreline Conservancy include Medina modifications to ensure that Beach Park, Lake Lane Dock, new development does not View Point Park/ 84th Avenue N.E. result in a net loss of shoreline Dock, and privately owned joint- ecological functions or further use recreational lots. The degrade other shoreline values. following management policies e. Facilities should be designed should guide development within for neighborhood and non - these areas: motorized use, unless vehicle access and parkin can an be a. Primary uses should be those provided and impacts on the that preserve the natural environment and surrounding character of the area or property owners can be promote preservation of open mitigated. space or sensitive lands either directly or over the lon tg erm• SM-P2.3 Designate properties Aquatic to Uses that result in restoration protect, restore, and manage the of ecological functions should unique characteristics and be allowed if the use is resources of the areas waterward of otherwise compatible with the the ordinary high water mark. purpose of the environment and Designation Criteria: Assign the setting. Aquatic environmental designation b. Water dependent recreation to areas waterward of the ordinary uses, such as public access hijzh water mark. piers, recreational floats, and Areas designated as Aquatic are swim beaches, shall be the those waterward of the ordinary highest priority, provided they high water mark. The following can be located, designed, management policies should guide constructed, operated, and development within these areas: mitigated in a manner that ensures no net loss of a. Allow new over -water ecological function. structures only for water- c. Water oriented recreation uses, dependent uses, public access, such as viewing trails, benches or ecological restoration. and shelters, should be b. The size of new over -water emphasized and non -water structures should be limited to oriented uses should be the minimum necessary to minimized and allowed only as support the structure's intended an accessory use; for example use. picnic areas, forest trails and c. To reduce the impacts of small playground areas would shoreline development and be acceptable, but tennis courts increase effective use of water and developed sports fields resources, multiple -use of over - would not. Attachment B Exhibit C water facilities should be following managementpolicies encouraged. should guide development within d. All developments and uses on these areas: waters or their beds should be a. Noise associated with located and designed to construction activity and minimize interference with ongoing operations should be surface navigation, to consider mitigated to the maximum impacts to public views, and to extent practicable. allow for the safe, unobstructed b. Best management practices and passage of fish and wildlife, ether -mitigation for impacts particularly those species should be implemented der dependent on migration. the e„St..,,,.t;,,., -A"a 30St e. Uses that adversely impact the „St..,,,,tiOH 3haSOS fthp- cn ecological functions of critical 520 ,.oi'a oment pr-oieet to freshwater habitats should not ensure no net loss of ecological be allowed except where function. necessary to achieve the c. Pr-iof t�, should be rt ea to obiectives of RCW 90.58.020, and then only when their impacts are mitigated according to the sequence replaee- eat pr-oieet Where not described in WAC 173-26- in conflict with public safety 201(2)(e) as necessary to and security of the SR 520 assure no net loss of ecological facility_ public access should be functions. made a priority. f. Shoreline uses and d. Vegetation and habitat should modifications should be be restored and enhanced upon designed and managed to completion of the SR 520 prevent degradation of water replacement project using quality and alteration of natural native species. hydrological conditions. e. The SR 520 facility, and any SM-P2.4 Designate properties associated maintenance Transportation to accommodate the facilities occurring within the SR 520 highway, which is an shoreline management area, essential public facility_ particularly where visible from the water, should be fully Designation Criterion: Assi� screened from adjoining Transportation environmental residential properties to the designation to areas o�� extent practicable with intensity uses related to vegetation and fencing as transportation. needed. Areas designated as Transportation SM-P2.5 Areas not designated shall include lands controlled by the automatically be assigned an Urban Washington State Department of Conservancy designation. Transportation and designated as state highway right -of -wad C. Shoreline Uses and Activities Uses and activities are given preference to those uses that are consistent with the control of pollution and prevention of damage to the natural environment, or are unique to, or dependent upon uses of the shorelines. Preference is first to water - dependent uses, then to water -related uses and then water -enjoyment uses. The purpose is to ensure development of property is done in a manner that protects the public's health, safety and welfare, as well as the land and its vegetation and wildlife, and to protect property rights while implementing the policies of the SMA. GOALS SM-G3 Locate, design and manage shoreline uses to prevent and, where possible, restore significant adverse impacts on water quality, fish and wildlife habitats, the environment, and other uses. SM-G4 Preserve Medina's shoreline for single family residential use, in a manner that also protects and preserves the natural features along the shoreline and the quality Lake Washington. SM-G5 Maintain the City Hall building and grounds in a manner consistent with the protection and enhancement of the shoreline environment. SM-G6 Limit parking within the shoreline jurisdiction. SM-G7 Manage public and community boating facilities to avoid or minimize adverse impacts. SM-G8 Manage shoreline modifications to avoid, minimize, or mitigate significant adverse impacts. SM-G9 Minimize impacts to the natural environment and neighboring from new or renovated piers and docks and their associated components, such as boatlifts and canopies. SM-G10 Manage signs so that they do not visually or aesthetically pair the shoreline environment. SM-G11 Limit the visual and environmental impacts of trams in the shoreline area. POLICIES GENERAL SM-P3.1 Establish development regulations that avoid, minimize and mitigate impacts to the ecological functions associated with the shoreline area. SM-P3.2 Encourage low -impact development practices, where feasible, to reduce the amount of impervious surface within the shoreline area. SM-P3.3 Ensure that private property rights are fespeeted-recognized and protected consistent with the public interest expressed in the Shoreline Management Act. RESIDENTIAL SM-P 4.1 Provide adequate setbacks and natural buffers from the water and ample open space among structures to protect natural features, ecological functions, preserve views, and minimize use conflicts. SM-P4.2 Require new development to preserve existing shoreline vegetation, control erosion and protect water quality using best management practices. SM-P4.3 Provide development incentives, including reduced shoreline Attachment B Exhibit C setbacks, to encourage the protection, enhancement and restoration of high functioning vegetative buffers and natural or semi -natural shorelines. SM-P4.4 At a minimum, development should achieve no net loss of ecological functions, even for exempt development. CITY GOVERNMENT FACILITIES SM-P5.1 Medina's City Hall and uses accessory to the City Hall should minimize impacts to shoreline character and features, visual access to the shoreline, and not interfere with the public's ability to access or enjoy the shoreline. SM-P5.2 Any expansion of Medina's City Hall should result in no net loss of ecological function within the shoreline iurisdiction. PARKING SM-P6.1 Limit parking facilities to those supporting an authorized principal use and allowing such facilities only if the following criteria are met: a. Parkin is s designed and located to minimize adverse impacts including those related to surface water runoff, water quality, visual qualities, public access, and vegetation and habitat maintenance; b. No loss of ecological functions shall result from construction and operation of the parking facility; c. The parking does not restrict access to the site by public safety vehicles, utility vehicles, or other vehicles requiring access to shoreline properties; and d. Preference shall be given to permeable surface materials where feasible. BOATING FACILITIES SM-P7.1 Locate and design boating facilities to ensure no net loss of ecological functions and to avoid significant adverse impacts. - SM-P7.2 Where feasible, boating facilities should include measures that enhance degraded and/ or scarce shoreline features. SM-P7.3 Boating facilities should not unduly obstruct navigable waters and should avoid causing adverse effects to recreational opportunities such as fishing, pleasure boating, swimming, beach walking, picnicking and shoreline viewing_ SM-P7.4 Preference should be given to boating facilities that minimize the amount of shoreline modification, in -water structure, and overwater coverage. SM-P7.5 Accessory uses at boating facilities should be limited to water -oriented uses, or uses that provide physical and/or visual shoreline access for substantial numbers of the general public. Non -water -dependent accessory uses should be located outside of shoreline jurisdiction or outside of the shoreline setback whenever possible. SM-P7.6 Boating facilities should be located, designed, constructed and operated so that other appropriate water -dependent uses are not adversely affected and to avoid adverse proximity pacts such as noise, light and glare; aesthetic impacts to adjacent land uses; and impacts to public visual access to the shoreline. SHORELINE MODIFICATIONS SM-P8.1 The adverse effects of shoreline modifications should be reduced, as much as possible, and shoreline modifications should be limited in number and extent. SM-P8.2 The city should take steps to assure that shoreline modifications individually and cumulatively do not result in a net loss of ecological function. This is to be achieved by preventing unnecessary shoreline modifications, by giving preference to those types of shoreline modifications that have a lesser impact on ecological functions, and by requiring mitigation of identified impacts resulting from shoreline modifications. SHORELINE STABILIZATION SM-P8.3 Shoreline stabilization should be located, designed, and maintained to protect and maintain shoreline ecological functions, ongoing shoreline processes, and the integrity of shoreline features. Ongoing stream or lake processes and the probable effects of proposed shoreline stabilization on other properties and shoreline features should be considered. SM-P8.4 Structures should be located and designed to avoid the need for future shoreline stabilization where feasible. SM-P8.5 Structural shoreline stabilization measures should only be used when a need has been demonstrated and more natural, flexible, non-structural methods have been determined infeasible. Alternatives for shoreline stabilization should be based on the following hierarchy of preference: a. No action (allow the shoreline to retreat naturally), increase buffers, and relocate structures. b. Flexible defense works constructed of natural materials including soft shore protection, bioengineering, including beach nourishment, protective berms, or ve etg ative stabilization. c. Rigid works constructed of artificial materials such as riprap or concrete. SM-P8.6 New or expanded structural shoreline stabilization should only be permitted where demonstrated to be necessary to protect an existing primary structure, including_ single-family dwelling, which is in danger of loss or substantial damage, and where mitigation of impacts would not cause a net loss of shoreline ecological functions and processes. SM-P8.7 New or expanded structural shoreline stabilization for enhancement, restoration, or hazardous substance remediation projects should only be allowed when non-structural measures, vegetation planting, or on -site drainage improvements would be insufficient to achieve enhancement, restoration or remediation objectives. SM-P8.8 Encourage alternative methods for shoreline stabilization including non -regulatory ley methods. Non - regulatory methods may include Attachment B Exhibit C public facility and resource planning, technical assistance, education, voluntary enhancement and restoration projects, or other incentive programs. SM-P8.9 New development that would require shoreline stabilization which causes significant impacts to adjacent properties should not be allowed. N.DI M SM-P8.10 Dredging operations should be planned and conducted to protect and maintain existing aquatic habitat and other shoreline uses, properties, and values. Proposals that include dredgingshould hould provide mitigation to achieve no net loss of shoreline ecological functions. SM-P8.11 Dredging and dredge material disposal should be done in a manner which avoids or minimizes significant ecological impacts. SM-P8.12 Dredging waterward of the ordinary high water mark for the primM purpose of obtaining fill should not be allowed, except as part of a restoration or environmental cleanup project. FILL SM-P8.13 Fills should be allowed only when tied to a specific development proposal that is permitted by the master program, and that is located, designed and constructed to protect shoreline ecological functions and ecosystem -wide processes. SM-P8.14 Fill coverage should be the minimum necessary to provide for the proposed use. SM-P8.15 Factors such as current and potential public use of the shoreline and water surface area, water flow and drainage, water quality and habitat should be considered and protected to the maximum extent feasible. SM-P8.16 Fills waterward of the ordinary high water mark should be restricted to supporting water - dependent uses, public access, cleanup and disposal of contaminated sediments as part of an interagency clean-up plan, disposal of dredged sediments in accordance with Department of Natural Resources rules, expansion or alteration of transportation facilities of statewide significance when no other alternatives are feasible, and for mitigation actions, environmental restoration and enhancement projects, and only when other solutions would result in greater environmental impact. SM-P8.17 Fills should be designed and located so that there will be no significant damage to existing ecologicalystems or result in hazard to adjacent life, property, or natural resource systems. LAND SURFACE MODIFICATIONS SM-P8.18 Limit land surface modification activities in the shoreline area. Impacts from land surface modifications activities can be avoided through proper site planning, construction timing practices, and use of erosion and drainage control methods. Generally these activities should be limited to the maximum extent necessary to accommodate the proposed use, and should be designed and located to protect shoreline ecological functions and ecosystem -wide processes. BREAKWATERS, JETTIES, GROINS SM-P8.19 Breakwaters, jetties and groins should only be permitted where necessary to support water - dependent uses, public access, shoreline stabilization, or other specific public purpose. SM-P8.20 Breakwaters, jetties and rg oins should be located and designed to achieve no net loss of ecological functions. MOORAGE FACILITIES (PIERS AND DOCKS) SM-P9.1 Locate and design piers and docks to avoid adversely impacting shoreline ecological functions or processes, and where unavoidable impacts to ecological functions might occur, mitigation should be provided. SM-P9.2 Moorage should be spaced and oriented in a manner that minimizes hazards and obstructions to public navigation rights and corollary rights thereto such as, but not limited to, fishing, swimming and pleasure boating_ SM-P9.3 Piers and docks should be restricted to the minimum size necessary to meet the needs of the proposed use. SM-P9.4 Moorage facilities should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term, and have been approved by applicable state agencies. SM-P9.5 Establish development regulations that encourage property owners to make renovations to their existing piers and docks outside of normal maintenance and repairs that improve the environmental friendliness of their structure. SM-P9.6 Encourage joint -use or shared piers and docks where practical. SIGNS SM-P 10.1 Signs should be designed and placed so that they are compatible with the aesthetic quality o� f the existing shoreline and adjacent land and water uses. SM-P10.2 Signs should not block or otherwise interfere with visual access to the water or shorelines. SM-P 10.3 Outdoor advertising and billboards are not an appropriate use of the shoreline areas within shoreline jurisdiction. SM-P11.1 Joint use trams are encouraged where they can be placed on the property. line. ine. SM-P11.2 The visual impacts of trams should be minimized. D. Public Access Public access includes the abilitv of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. The purpose is to plan for an integrated shoreline area public access system that identifies specific public needs and onDortunities to rovide public access. Attachment B Exhibit C minimize, insofar as practical, GOALS interference with the public's use SM-G12 Ensure the public's ability to of the water. physically and visually enjoy the SM-P12.7 Access should provide for a range shoreline environment. of users including pedestrians, bicyclists, boaters and people with POLICIES SM-P12.1 Views of Lake Washington from public parks should be preserved and enhanced. Enhancement of views shall not be construed to mean excessive removal of vegetation. SM-P12.2 Public access should be designed to provide for public safety and to minimize potential impacts to private property and individual privacy. Public access to shoreline areas does not include the right enter upon or cross private property, except for dedicated easements. SM-P 12.3 Public access should be required for all new shoreline development and uses where feasible, except for single-family residential development containing less than five dwellingunits. nits. SM-P 12.4 Preservation and enhancement of the public's visual access to all shoreline areas should be encouraged through the establishment of setbacks and height limits that ensure view corridors. SM-P12.5 Ensure that development upland as well as in -water and near -shore areas are located and designed in ways that result in no net loss of ecological functions. SM-P12.6 Regulate the design, construction, and operation of permitted uses in the shoreline jurisdiction to disabilities to the greatest extent feasible. SM-P12.8 Integrate shoreline public access with existing and planned trails or routes, such as the Points Loop Trail, and the City's parks and pedestrian pathway system, where feasible. to improve non -motorized access and communit connections. SM-P 12.9 The shoreline area between Medina Beach Park and the tip of Evergreen Point should be a priority for establishing new public access. SM-P12.10 The City should work with Washington State Department of Transportation in providing public access within any remnant property that may result from the SR 520 replacement project. In particular public access should provide public entry to Lake Washington where feasible and should be connected to Fairweather Nature Preserve. SM-P12.11 When appropriate, Medina should consider ioining with other governmental bodies in a cooperative effort to expand public access to the shoreline through programs of acquisition and development. SM-P 12.12 Continue use of opened waterfront street ends for public access. E. Recreation Recreational uses include passive activities, such as walking, viewing and fishing. Recreational development also includes facilities for active uses, such as swimming, boating, and other outdoor recreation uses. This includes both public and non- commercial recreational opportunities. GOALS SM-G13 Recreation activities that are dependent on access to the water should be available to citizens of Medina. POLICIES SM-P13.1 Water -dependent recreational activities such as boating, fishing, and swimming should have priority over other types of recreation on Medina's public shoreline. SM-P 13.2 Coordination with local, state and federal recreation planningshould hould be encouraged. Shoreline recreational development should be consistent with the City's park and recreation plans. SM-P 13.3 Open space and the opportunity for passive forms of recreation should be encouragedpublic shoreline. Recreational plans should promote the conservation of the shoreline's natural character, ecological functions, and processes while expanding the public's abilityto o enjoy the shoreline. SM-P13.4 The City should encourage retention and development of the shoreline for joint use private recreational activities, such as moorage, decks, beach clubs, etc. SM-P 13.5 Links between existing and future shoreline parks, recreation areas and public access points should be created via a non -motorized network usingexisting rights -of - way or through acquisition of easements and/ or land, where feasible. SM-P 13.6 Recreational activities should be designed to avoid conflict with private property rights, and to minimize and mitigate negative impacts on adjoining properties. F. Circulation Circulation includes transportation facilities which are those structures and developments that aid in land, air, and water surface movement of people, goods, and services. They include roads and highways, bridges, bikeways. trails, heliports, and other related facilities. GOALS SM-G14 The present transportation system within the shoreline jurisdiction shall be maintained, but any expansion or modification to accommodate growth shall be designed in a manner which causes minimal impacts using the best technology and science available. New road construction in the shoreline jurisdiction should be minimized. POLICIES SM-P 14.1 New transportation facilities or the expansion of existing facilities must be designed to minimize air, noise and water pollution, adverse impacts on aquatic habitat and wildlife habitat, and the adverse impacts of excessive light, glare and community separation. SM-P 14.2 Expansion of existing roadways should be allowed only if such facilities are found to be in the Attachment B Exhibit C public interest and impacts can be SM-P15.3 Wherever utility facilities and mitigated to meet no net loss. SM-P14.3 New road and bridge construction and the expansion of existing transportation facilities should include improved non -motorized facilities and enhanced visual and physical public access if feasible. SM-P 14.4 Joint use of transportation corridors within the shoreline jurisdiction for roads, utilities, and motorized and non -motorized forms of transportation should be encouraged to the maximum extent feasible. G. Utilities Utilities are services and facilities that produce, transmit, store, process or dispose of electric power, gas, water, sewage, and communications. GOALS SM-G15 Manage public and private utilities within the shoreline area to provide for safe and healthy water, and sanitary sewer services, while protecting and enhancing the water Quality and habitat value of the shoreline. POLICIES SM-P 15.1 New utilities should be located outside of the shoreline jurisdiction unless no other feasible option exists. Where permitted, they should be installed to protect the shoreline and water from contamination and degradation. SM-P 15.2 Utilities should avoid locating in environmentally sensitive areas unless no feasible alternatives exist. corridors must be placed in a shoreline area, they should be located so as to protect scenic views. Whenever possible, such facilities should be placed underground or designed minimize impacts on the aesthetic aualities of the shoreline area. SM-P15.4 Utilities should be designed and located in a manner which preserves the natural landscape and shoreline ecology, and minimizes conflicts with present and planned land uses. SM-P15.5 Joint use of rights -of -way and existing utility corridors should be encouraged. H. Natural Environment Medina is enriched with valued natural features that enhance the quality of life for the community. Natural systems serve many essential functions that can provide significant benefits to fish and wildlife, public and private property, and enjoyment of the shoreline area. GOALS SM-G16 Preserve, protect, and restore shoreline environment. SM-G17 Protect, conserve and establish vegetation along the shoreline edge. SM-G18 Conserve and protect critical areas, including wildlife habitat areas, within the shoreline areas from loss or degradation. SM-G19 Manage activities that may adversely pact surface and ground water quality or quantity. POLICIES ENVIRONMENTAL IMPACTS SM-P16.1 Protect shoreline process and ecological functions through regulatory and non -re ug latoLy means that may include regulation_ of development within the shoreline jurisdiction, incentives to encourage ecologically sound design, conservation easements, and acquisition of key properties. . SM-P16.2 Preserve the scenic aesthetic quality of shoreline areas and vistas to the greatest extent feasible. SM-P 16.3 Adverse impacts on the natural environment should be minimized during all phases of development (e.g. design, construction, operation, and management). SM-P 16.4 Shoreline developments that propose to enhance environmentally sensitive areas, other natural characteristics, resources of the shoreline, and provide public access and recreational opportunities to the shoreline are consistent with the fundamental goals of this Master Program, and should be encouraged. VEGETATION CONSERVATION SM-P17.1 Where new developments and/or uses or redevelopments are proposed, native shoreline vegetation should be conserved to maintain shoreline ecological functions and/or processes. Vegetation conservation and restoration should be used to mitigate the direct, indirect and/or cumulative impacts of shoreline development, wherever feasible. Important functions of shoreline vegetation include, but are not limited to: a. Providing shade necessary to maintain water temperatures required by salmonids and other organisms that require cool water for all or a portion of their life cycles. b. Regulating__microclimate in riparian and near -shore areas. c. Providing organic inputs necessaryfor or aquatic life, including providing food in the form of various insects and other benthic macro - invertebrates. d. Stabilizing banks, minimizing erosion and sedimentation, and reducing the occurrence/severity of landslides. e. Reducing fine sediment input into the aquatic environment by minimizing erosion, aiding infiltration, and retaining runoff. f. Improvin water quality through filtration and vegetative uptake of nutrients and pollutants. g. Providing a source of large woody debris to moderate flows, create hydraulic roughness, form pools, and increase structural diversity salmonids and other species. h. Providing habitat elements for riparian -associated species, including downed wood, snags, migratory corridors, food, and cover. SM-P17.2 Noxious and invasive weeds. Encourage manaizement and control of noxious and invasive weeds. Control of such species should be done in a manner that Attachment B Exhibit C retains onsite native vegetation, WATER QUALITY, STORMWATER, provides for erosion control, and AND NON -POINT POLLUTION protects water quality. Use of non- toxic or natural controls is preferred. SM-P17.3 Provide incentives for the retention and planting of native vegetation, and discourage extensive lawns due to their limited erosion control value, limited water retention capacity, and associated chemical and fertilizer applications particularly in areas recommended for designation as Shoreline Residential. Incentives could include additional flexibility with building setbacks from Lake Washington, a simplified permit process with recommended planting plans, reduced or waiver of permit fees, and/or city participation in a pilot -project that promotes shoreline restoration. CRITICAL AREAS SM-P18.1 In addressina issues related to critical areas, use scientific and technical information, as described in WAC 173-26-201(2)(a). SM-P18.2 In protecting and restoring critical areas within shoreline areas , integrate the full spectrum of planningand regulatory measures, including the comprehensive plan, watershed plans, local development regulations, and state, tribal, and federal programs. SM-P 18.3 Critical areas within the shoreline area should be managed and protected to ensure no net loss of ecological functions. When feasible, degraded ecolo ig cal functions and ecosystem -wide processes should be restored. SM-P19.1 All shoreline uses and activities should be located, designed, constructed and maintained to mitigate adverse impacts to water quality, water quantity, or hydrology. SM-P 19.2 The City should require reasonable setbacks, buffers, and storm water storage basins and encourage low -impact development techniques and materials to achieve the objective of minimizing impervious surfaces and lessening negative impacts on water quality. SM-P19.3 Stormwater impacts should be addressed through the application of the most recent edition of the Adopted Surface Water Design Manual and all applicable City stormwater regulations. SM-P 19.4 The City should provide general information to the public about the impacts of land and human activities on water qualily, and encourage homeowners and property managers to use non - chemical weed and pest control solutions and natural fertilizers. I. Archaeological, Historic and Cultural Resources Archaeological, historic and cultural resources are those that are either recorded at the state historic preservation office or have been inadvertently uncovered. GOALS SM-G20 Historically, culturally or archaeologically significant areas or architecturally or culturally significant facilities should be protected and maintained in the public interest. POLICIES SM-P20.1 Medina should preserve or allow preservation of shoreline buildings and sites with historic or architectural value, such as the old ferry ticket office (City Hall), and certain boathouses. SM-P20.2 Prevent the destruction of or damage to any site having historic, cultural, scientific, or educational value as identified by the appropriate authorities, including affected Indian tribes, and the office of archaeology and historic preservation. SM-P20.3 Ensure that new development is compatible with existing historic structures and cultural areas. J. Shoreline Restoration and Ecological Enhancement Shoreline habitat and natural systems enhancement and restoration projects include those activities proposed and conducted specifically for the purpose of establishing, restoring, or enhancing habitat for priority species in shorelines. GOALS SM-G21 Implement the projects, programs and plans established within the Restoration Plan as funding and staffing resources permit. POLICIES SM-P21.1 Restoration and enhancement of shorelines should be designed using_ principles of landscape and conservation ecology and should restore or enhance chemical, physical, and biological watershed processes that create and sustain shoreline habitat structures and functions. SM-P21.2 Restoration and enhancement actions should improve shoreline ecological functions and processes and should target meeting the needs of sensitive plant, fish and wildlife species as identified by Washington Department of Fish and Wildlife, Washington Department of Natural Resources, National Marine Fisheries Service and/or U.S. Fish and Wildlife Service. SM-P21.3 The City should, and private entities are encouraged to, seek funding from State, Federal, private and other sources to implement restoration, enhancement, and acquisition projects, particularly those that are identified in the Restoration Plan of this SMP or the Final WRIA 8 Chinook Salmon Conservation Plan and related documents. SM-P21.4 The Citv should develo processing guidelines that will streamline the review of restoration -only projects. SM-P21.5 Allow for the use of tax incentive programs, mitigation banking, grants, land swaps, or other programs, as they are developed, to encourage restoration and enhancement of shoreline ecological functions and to protect habitat for fish, wildlife and plants. AGENDA ITEM 10.3 MEDINA CITY COUNCIL 2014 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, at City hall (unless noticed otherwise). Executive Session RCW 42.30.110 (1)(i) Sand Done Presentation Election of Mayor and Deputy Mayor Done Consent Agenda Approval of 12/9 Minutes Approved Consent Agenda Approval of December, 2013 Check Register Approved Approval of Evergreen Point Road Sidewalk Consent Agenda Improvement and 80th Avenue Overlay Willis Approved Public Hearing None Grumbach/ Other Business Presentation on SR-520 Projects Tharp, Fred - WSDOT Done Other Business Appointment of Committees Mayor To be continued City Council Calendar & Discussion of 2014 Other Business Study Session Schedule Sauerwein Done Study Session Discussion Shoreline Master Program Update Grumbach Done Discussion CANLLLLLU Executive Session RCW 42.30.110 (1)(c) Lease Sand Presentation King County Council Member Jane Hague Mike Painter, WA Association of Sheriffs and Presentation Police Chiefs Sauerwein Consent Agenda Approval of 1/13 S&R Minutes Approval of December, 2013 and January, Consent Agenda 2014 Check Register Approval of 2014 Planning Commission and Consent Agenda Work Program Grumbach Approval of 2014 Park Board and Work Consent Agenda Program Willis Consent Agenda Appointment of David Lee to ETP Sauerwein Other Business Boardinghouse Discussion Grumbach Other Business Ecology SMP Conditions Grumbach Other Business City Council Calendar Discussion Public Records Disclosure Training Ramsey Ramerman ��.�. 11 F: ... _ AGENDA ITEM 10.3 Executive Session Sand Presentation Consent Agenda Resolution Approving ARCH Receive PC Comprehensive Zoning Map Consent Agenda Update Recommendation Grumbach Other Business Other Business Other Business City Council Calendar Discussion min) v Kris Finnigan Tour of Proposed Evergreen Point Road Other Business Sidewalk Project Sauerwein Executive Session RCW ? Consent Agenda Consent Agenda Public Hearing Comprehensive Zoning Map Other Business Other Business Other Business City Council Calendar Consent Agenda Consent Agenda Other Business Supporting Medina Days Fireworks Other Business Other Business City Council Calendar Consent Agenda Public Hearing Public Hearing Other Business Other Business Other Business Draft Six -Year CIP/TIP City Council Calendar Grumbach Grumbach AGENDA ITEM 10.3 Discussion Consent Agenda Consent Agenda Public Hearing Other Business Draft Six -Year CIP/TIP Other Business Other Business City Council Calendar Discussion Discussion Public Hearing Consent Agenda Consent Agenda Public Hearing Early Public Input 2015 Budget Other Business Other Business Other Business City Council Calendar Discussion Presentation National Recovery Month Proclamation Consent Agenda Consent Agenda Other Business Draft 2015 Preliminary Budget Other Business Other Business City Council Calendar Discussion Consent Agenda Consent Agenda Public Hearing Draft 2015 Preliminary Budget Public Hearing Other Business Grumbach Adams Adams Adams AGENDA ITEM 10.3 Other Business Other Business City Council Calendar Discussion Consent Agenda Consent Agenda Public Hearing 2015 Property Tax Levy Adoption of 2015 Annual Budget, Ordinance Other Business and Salary Schedule Other Business Other Business City Council Calendar Discussion Consent Agenda Consent Agenda Other Business Other Business Other Business Adams Adams