HomeMy WebLinkAbout02-10-2014 - Supplemental Materials - Shoreline Master Program UpdateStudy Session
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MEMORANDUM
To: City Council
From: Robert J. Grumbach, AICP
Date: January 13, 2014
Subject: Shoreline Master Program Update
Introduction:
The Shoreline Management Act establishes shoreline master programs as a cooperative effort
between local jurisdictions and the Department of Ecology. Under Act, the City must prepare
and adopt a shoreline master program that is based on state guidelines, but tailored to the
specific needs of the City. While the City develops its shoreline master program, Ecology's
approval for consistency with the state guidelines is required. The City's master program was
adopted January 1975 by Ordinance No. 304 and last amended in July 1990 by Ordinance No.
514. In 2003, the state Legislature set up a timetable for local governments to update local
shoreline master programs to meet the new state guidelines.
Adoption Process:
1. City receives grant from Ecology for $120,000 to update shoreline master program (Grant
Expires June 30, 2012). The grant was used to hire consultants (AHBL and The Watershed
Company) to help develop a draft SMP.
2. The Planning Commission recommendation and submittal of Draft Shoreline Master
Program to City Council:
• An open house was held in April 2010 to kick-off the public involvement.
• Established a citizen advisory committee to provide informal policy and regulatory
recommendations. They held meetings on January 12, February 9, March 9 and 16,
April 13 and 20, and August 17, 2011.
• The planning commission received and considered the recommendations of the citizen
advisory committee and also received and considered public comments received during
their February 16, March 22, April 26, May 24, June 28, July 26, August 30, September
28, October 26, November 28, December 28, 2011, meetings and their January 24 and
February 28, 2012 meetings.
• A second open house was held in March 2012 to answer questions about the draft
shoreline master program.
• Planning Commission held a public hearing in March 2012 and voted to forward a
recommendation to the City Council.
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3. Council Action on Planning Commission's Recommendation:
• Public hearings held May and June 2012.
4. City Council Adoption and submitted to Ecology (Ordinance No. 886).
5. State adoption process:
• Public notification and comment period.
• Ecology conducted a public hearing in November 2012 to receive public comments.
• Ecology conditionally approved on May 16, 2013, subject to 49 required changes.
6. City established a citizen advisory committee (Council Members Boyd, & Lee, Past
Commissioner Morcos, and Medinallow Representative Susan Cohen to provide input to
staff on developing a response to the required changes. Response options are:
• Accept required change;
• Propose Alternative;
• Do not accept required change with a plan to file an appeal.
7. Staff and the committee have been conversing with Ecology to seek informal agreement.
8. If an informal agreement is reached, formal council action is required and a formal response
is submitted to Ecology.
Summary of Informal Response:
1. The City Council had previously accepted Ecology's required changes under Items 1, 2, 4,
6, 7, 8, 28, 33, 42, 43, 44, 45, and 46.
2. Except for Items 47 through 49 (Fish & Wildlife Conservation Habitat), the City and Ecology
have informally reached agreement. Items 47 through 49 there is general agreement, but
the particular wording needs to be worked out.
3. The following is a highlight of items informally agreed too:
• Except where the SMP Guidelines called out otherwise, the City will continue to use
Ordinary High Water Line to determine standards such as shoreline setbacks.
• Breakwaters, jetties, rock weirs, and groins may be allowed for public related uses and
restoration activities.
• Added mitigation requirements for vegetation enhancements in multiple locations. This
included working out a compromise on how existing vegetation might be counted.
• Clarified allowances for shallow lot setbacks including adding vegetation enhancements
requirements.
• Limited replacement dock walkways to four feet in width with an additional two -foot width
allowance for ADA.
• Limited new pier skirting to those situations where it is necessary for protection from
wave action.
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• Agreed to add a minimum water depth standard for ells, fingers, floats, boatlifts, etc.
provided there was flexibility for the Director to waive this requirement where shallow
water exists.
• Deleted the alternative dock and pier design standards.
• Separated covered moorage standards from boatlift standards due to different mitigation
requirements.
• Compromised on an 8-year timeframe for measuring repairs on a bulkhead.
• Added language in various sections strengthening mitigation sequencing requirements.
• Rewrote the tree management and vegetation conservation requirements:
o New tree preservation requirements apply to shoreline setback area;
o No exception for hazardous trees;
o Trees down to 6-inch caliper are protected and require a permit to be removed;
o Requirements to design development around larger trees.
• Updated nonconforming provisions to reflect recent changes in zoning.
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