01-19 12 PC Packet Buffers and Nonconforming Uses

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City of Bainbridge Island

PLANNING & COMMUNITY DEVELOPMENT

MEMORANDUM

TO: Planning Commission

FROM: Libby Hudson, Long Range Planning Manager

Ryan Ericson, Associate Planner

DATE: January 13, 2012

RE: SMP Update – Commission Review SMP Study Session #15, January 19, 2012

Purpose of the Meeting

Discuss –

o Carry-over Items, if any

o Vegetation Management & Environmental Impact

o Nonconforming

Action Requested

Review and discuss Commission specific issues and make recommendations.

To assist in the Planning Commission Discussion, please review the following documents:

Department of Ecology SMP Handbook, Chapter 11 Vegetation Conservation, Buffers and

Setbacks (received November 29, 2011, and previously provided to the Planning Commission).

This chapter provides guidance to local jurisdictions when updating their shoreline master

program, including benefits of buffers, a summary of the scientific literature, guidance ondetermining buffer widths, and alternatives to strict buffers, including the City of Bainbridge

Island’s proposed dual-zoned buffer. The chapter also includes Ecology’s review of proposed

buffers, noting that buffer sizes “will vary among jurisdictions because they are tailored to local

conditions and the shoreline ecological functions that are present.” Ecology provides “generalrecommendations for buffer widths,” which include dimensions. The buffers proposed in our SMP update fall within Ecology’s general recommendations since the Bainbridge buffer

recommendations are specific to site conditions, expected development for the shoreline

designations, and specific uses in the shoreline area.

Study Session Topics

1. Vegetation Management



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Planning Commission has discussed the Vegetation Management section at three previous study

sessions, August 11, September 8 and September 15. At the August study session, Planning Commission

the buffer recommendations were presented, and a consultant from Herrera was available to discuss the

buffer recommendations. The Vegetation Workgroup met in late August and staff presented the

Workgroup recommendations on Vegetation Management at the September 8th

study session. At this

study session, the Commission discussed significant trees and requested amendments to the regulations

to clarify that two options are provided – a dual zoned buffer based on the shoreline designation and

intended use; or a site-specific option, based on no net loss of functions. Staff made revisions and

presented these to the Commission at the next study session on September 15 th. The Commission made a

minor change related to view protection (4.1.3.5) and approved the draft for consideration again at the

end of the SMP review process.

Attachment 1 (A & B), includes the changes to the Vegetation Management section as requested by the

Commission, in addition to other changes staff recommends for clarity. All changes are highlighted in

yellow and generally include a comment in the right sidebar explaining the changes. Also, new diagrams

are included related to the shoreline structure setback requirements. Staff recommends moving these

diagrams to the rear of the Vegetation Management section, so that the diagrams do not break up the

text.

Significant Trees – At a previous study session, the Planning Commission questioned how significant

trees are treated in the SMP. Contrary to what was reported to the Commission during this discussion,

staff has determined that the 1996 SMP does not have a definition for “significant tree” and a definition

should be included in the SMP Update. The recently concluded Code Update project revised the Zoning

Code definition of “significant tree”. The Zoning and SMP definitions need to be consistent with each

other. To meet the needs of the SMP, the new Zoning definition for “significant tree” will need to be

revised. This can be done through either the SMP Update ordinance, or the Code Update clean up

ordinance that will be processed in 2012. Staff recommends the following (highlighted in yellow):

Significant Tree (18.36.030.220)

“Significant tree” means: (a) an evergreen tree 10 inches in diameter or greater, measured

four and a half feet above existing grade; or (b) a deciduous tree 12 inches in diameter or

greater, measured four and a half feet above existing grade; or (c) all trees located within

a required critical area buffer as defined in BIMC 16.20, or (d) all trees within the native

vegetation zone or buffer.

2. Environmental Impacts

The Environmental Impacts section was reviewed and preliminarily approved by the Planning

Commission at the September 8, 2011 study session. Since then, staff has made minor amendments to be



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sure that this section worked with the other sections of the ordinance, particularly the Vegetation

Management section. We are presenting it to the Planning Commission along with the Vegetation

section, so that the Commission can understand how these two sections work together. All changes

since the September draft of the Environmental Impacts section are highlighted in yellow in Attachment

2 (A & B). These changes include:

Clarifying that a site specific analysis will determine mitigation measures as part of the impact

analysis (4.1.2.4. 1, page 2)

Clarified that the impact analysis and no net loss standard will include cumulative impacts

(4.1.2.4. 1.f, page 2)

Clarified that development activities must meet no net loss provisions using mitigation

sequencing (4.1.2.4. 3, page 3)

Included the vegetation standards in 4.1.2.5 to apply to all development (moved from the

Vegetation section), and included minor changes to clarify the standards (page 3- 4)

Clarified that compensatory mitigation is required to offset impacts (4.1.2.6. 2, page 5)

Included an option for the single-family residential mitigation option for applicants (4.1.2.6. 4.c,

page 5)

Clarified that other agencies will review and comment on applications

3. Nonconforming

The Planning Commission has considered how to address nonconforming development during two

previous study sessions (October 13 and October 20), and in June, the City Attorney presented

information on the new legislation, SSB 5451 regarding single family nonconforming development. Atthe October 13th study session, staff presented the Workgroup recommendation on nonconforming,

discussing issues related to uses, structures and lots. During the two study sessions, the Commission

discussed how redevelopment of nonconforming structures should be addressed in the SMP Update. The

Commission agreed to the following:

The nonconforming development goal should be revised to clarify that a property owner may

continue, maintain and repair an existing structure or development which does not meet new

SMP standards, provided no changes are made.

Voluntary redevelopment and expansion of an existing nonconforming primary single family

residential structure (SFR) should be allowed provided that redevelopment is either in theexisting footprint or landward of the footprint, and the expansion is no greater than 25%

increase of the existing footprint, meets all other BIMC provisions, and mitigation of the buffer

is provided.

Allow redevelopment of nonconforming accessory structure provided the structure is a “primary

accessory structure”; require all other SFR accessory structures to meet new standards if these

are demolished; and include a definition of “Primary Accessory Structure” for a SFR.



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Theses decisions were incorporated into the Planning Commission draft, attached. Please see the

changes highlighted in yellow in Attachment 3 (A & B). In discussions with the staff planners, it was

recommended that the term “Primary Accessory Structure” not be used as it may result in confusion

with “Primary Structure”. Staff recommends using the term “essential,” as f ollowed in the proposed

definition for Planning Commission consideration:

Essential Single Family Residential Accessory Structure – An accessory structure that

contains a use or is intended for a use that is essential to a single family residential

primary use. The following structures shall be considered an essential residential

structure: one garage or carport, one septic tank and installed on-site septic drainfield,

one well house and associated well head, or one deck that serves as necessary access to

the primary structure.

Attachments:

1. (A and B) Section 4.1.3, Vegetation Management, January 12, 2012

2. (A and B) Section 4.1.2, Environmental Impacts, January 12, 2012

3. (A and B) Section 4.3, Nonconforming Development, January 12, 2012



Section 4.1.3, Vegetation Management Attachment 1 A

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Planning Commission January 12, 2012

4.1.3 Vegetation Management

4.1.3.1 Applicability

Vegetation Management Areas are required for protection and conservation within the

shoreline jurisdiction. Dimensional and other development standards, including buffers,

are established based on site specific development and conditions or as specified for a

particular shoreline environment. The purpose of Vegetation Management Areas is to protect and enhance the Island‟s natural character, water quality, native plant

communities, and wildlife habitat along the shoreline. Management of these area may

also be reviewed under Section 4.1.5 ,Critical Areas, Appendix B and BIMC Chapter

15.18, Land Clearing, when applicable.

Vegetation conservation includes activities to protect and restore vegetation along or near

marine and freshwater shorelines that contribute to the ecological functions of shoreline

areas. Vegetation conservation provisions include vegetation restoration, the preventionor restriction of plant clearing and earth grading, and the control of invasive weeds and

non-native species.

The Vegetation Management Area provisions apply to all shoreline development, and

regulated uses and activities, including those that do not require a shoreline permit

Similar to other master program provisions, vegetation conservation standards do not

apply retroactively to existing uses and structures unless changes or alterations are

proposed.Standards for Vegetation Management Areas are established using current

scientific and technical information pursuant to WAC 173-26-221(5)(b) and 173-26-

201(2)(a), and are based on the use category, shoreline characterization and the

environment designation and are provided in Section 4.0 General (Island-wide)

Regulations, Table 4-2. In some cases, the standards are further refined by regulations in

Section 5.0, Specific Use Policies and Regulations

4.1.3.2 Goal

Protect and restore shoreline vegetation to maintain and enhance ecological functions,

shoreline views and vistas, human safety, and personal property protection.

4.1.3.3 Vegetation Management Policies

1. Maintain existing shoreline vegetation and marine riparian zones to protect ecological

functions and/or processes from adverse impacts of uses, activities and developmentswithin the shoreline jurisdictions.

2. Emphasize the use of native plant species to maintain the ecological function and/or

processes and mitigate the direct, indirect and/or cumulative impacts of shoreline uses,

activities and developments.

3. Provide flexible dimensional standards for shoreline buffers and building setbacks that

are based on performance standards designed to protect shoreline ecological functions

and ecosystem-wide processes, including considering alternatives to planting native

species if it can be demonstrated that the same ecological functions can be provided.

4. Use monitoring programs to ensure the protection of shoreline ecological functions

within the Vegetation Management Areas, particularly when non-native plant species are

Comment [R1]: Added to clarify the tieredmanagement approach of the 200 foot jurisdiction11/15/2010

Comment [R2]: Staff, changed to reflect currentlabel 12-20-2011

Comment [R3]: Changed to reference newlocation for information

Comment [js4]: Staff insertion 5/11/11

Comment [l5]: From WAC 173-26-221(5)(a)Changes reflect discussion and decision of

Workgroup on 12/8/2010

Comment [l6]: Added language from WAC 173-26-221(5)(a): 12/8/2009

Comment [l7]: Incorporated based onWorkgroup discussion of 12/8/2010

Comment [R8]: Douglas County 11/15/2010




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used as an alternative to native plants.

5. Encourage the restoration or enhancement of shoreline vegetation through incentiveprograms.

6. Establish shoreline buffers immediately upland of OHWM for each shoreline use and

shoreline designation recognizing the pattern of development, shoreline ecological

functions and ecosystem wide processes, and using current science and technical

information, as described in WAC 173-26-201(2)(a).

7. Site-specific dimensional standards within Vegetation Management Areas should be

established for shoreline use, activity or development at the time of a proposal. Standards

must protect ecological functions of the shoreline and should consider land use patterns

to minimize the number of existing structures that would not conform to dimensional

standards of a shoreline buffer.

8. Implement a public education program emphasizing the importance of shoreline

vegetation management.

9. Selective vegetation clearing for views should be allowed for new development and to

maintain views from existing residences when slope stability and ecological functions are

not compromised. Trimming and pruning are generally preferred over removal of native

shoreline vegetation.

10. Develop specific regulations for Point Monroe, based on vegetation and management

practices appropriate for sand spits or sub-estuaries (pocket estuary).

4.1.3.4 Regulations — Exceptions

1. Vegetation conservation standards shall not apply retroactively to existing legally

established uses and developments, including maintenance of existing residential

landscaping, such as lawns and gardens. Property owners are strongly encouraged to

voluntarily improve shoreline vegetation conditions over the long term.

2. The City shall recognize and adhere to existing buffers and setbacks that have been

established through previously approved subdivisions and are indicated on the face of an

approved plat.

4.1.3.5 Regulations — General

1. Two alternative methods may be used to meet the goals and policies of shoreline

vegetation conservation, as follows:

a. Site-Specific Vegetation Management Areas.

i. An applicant may propose specific dimensional standards that meet the

Vegetation Management goals and policies as determined through a Habitat

Management Plan prescribed in Appendix B, Section B-4, provided that the

applicant demonstrates the following:

A. The proposed development will protect shoreline ecological functions of

the property and ecosystem-wide processes and will not result in a loss of ecological functions or ecosystem wide processes pursuant to Section

4.1.2.4(3);

Comment [l9]: Updated with WAC 173-26-221(5)(b)Modified by Workgroup 12/8/2010 to remove “andshoreline setbacks” ---language from WAC 173-26-

221(5)(b) included.

Modified 9/15/2011 – Planning Commission

Comment [LH10]: 8/25/11 Workgroup: Addedregulations to implement this policy to allowremoval of vegetation for views pursuant to thispolicy. Regulation should be included in 4.1.3.7Regulations- General Vegetation AlterationsStandards, Reg # 2.

Comment [R11]: Staff, Recommed languagechange for clarity. 12/21/11

Comment [js12]: Staff: changed “exemptions”to “exceptions” 5/11/11 Moved 1,4-7 to newvegetation alteration section

Comment [RE13]: Staff – added exemptionsection to clarify what does not need to meetvegetation conservation (buffer) requirements

3/31/11

Comment [RE14]: Staff – Jefferson County3/31/11

Comment [LH15]: 8/25/11 Workgroup: Agreedto include thresholds for when the SB regulationswould become effective and replanted would berestricted or required.




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B. The specific proposal meets the goals and policies of the VegetationManagement section, and is as protective, or more protective than the

Shoreline Buffer standards outlined in section 4.1.3.5(1)(b);

ii. The alternative buffer proposal shall be reviewed by the Administrator, who

may approve, approve with conditions, or deny the request. TheAdministrator may, at his/her discretion, have the request reviewed by an

independent third party, the cost of which will be borne by the applicant.

iii. When an alternative buffer proposal is approved, the applicant shall record a

Notice on Title, or other similar document subject to the approval of the

Administrator, with the County Auditor prior to permit issuance.

b. Shoreline Buffer. A Shoreline Buffer located within the 200-foot shoreline jurisdiction

shall be maintained immediately landward of the OHWM and managed according to

provisions of this section. The Shoreline Buffer shall be composed of two zones:

Zone 1, an inner protective buffer area located immediately adjacent to the OHWM;

and Zone 2, the remaining portion of the Shoreline Buffer located immediatelyadjacent to Zone 1. The dimensions of the zone shall be those established for the

particular shoreline use and shoreline environment designation as listed in Table 4-2.

The Shoreline Buffer shall meet the location and design standards of Section 4.1.3.6.

2. The Shoreline Buffer or Site-specific Vegetation Management Area shall be maintained

in a predominantly natural, undisturbed and vegetated condition except as otherwise

allowed within this section. Existing native vegetation within the Shoreline Buffer or

Site-specific Vegetation Management Area shall remain unless specifically allowed to be

altered or removed under the provisions of this section. The following shall be exempt

from this requirement:

a. Maintenance of existing residential landscaping, such as lawns and gardens, as

defined in Section 4.1.3.6. Existing landscape areas may be retained within the

Shoreline Buffer or Site-specific Vegetation Management Area; however, any

changes from the existing landscape to a different landscaping use or activity will

require that the modified area comply with the provisions of this Section, 4.1.3

Vegetation Management, and the intent of the Shoreline Buffer as a predominately

native vegetation buffer;

b. Maintenance trimming of vegetation with main stem or supporting structures less

than three (3) inches in diameter, except that tree topping or vegetation removal are

not exempt. All other trimming and pruning must meet the Vegetation Alterationstandards of Section 4.1.3.7;

c. Buffer enhancement by removal of noxious or invasive weeds, based on consultation

with the Kitsap County Noxious Weed Board and conducted in a manner consistent

with best management practices, and/or planting native vegetation in accordance with

Section 4.1.2, Environmental Impacts;

d. For single-family residential property, construction of one pervious surface trail for

non-motorized use, provided the trail is no wider than four (4) feet and the vegetation

trimming is limited to four (4) feet on either side of the trail; and further provided that

no significant trees are removed and the trail is not constructed in a geologicallyhazard area;

Comment [R16]: Staff, Moved to beginning of section. 9/1/11

Comment [l17]: Staff added to clarify that thealternative buffer runs with the property.

Comment [LH18]: 8/22/11 Workgroup:Amended this section to clarify that the standardbuffer is located within the 200-foot jurisdiction andthat there are two zones within the standard buffer,renamed as Zone 1 and Zone 2.

Staff Question: Along with the „thresholds‟, do wewant to add a purpose section for the SB and the twozones?

Comment [l19]: Thresholds added to clarifywhat vegetation disturbance is allowed in the SB, asrequested by the Workgroup 8/25/11 meeting.

Comment [l20]: Moved from Veg Alteration -General section (Reg 2.a)




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e. Removal of hazard trees, as defined in Appendix B, where trimming is not sufficientto address the hazard, subject to a report by an arborist or other approved expert, and

approval of the removal by the Administrator.

i. The Administrator shall require replacement trees and vegetation be replanted for

mitigation as necessary in accordance with Section 4.1.2, Environmental Impacts,and may require that the downed tree be retained on site to provide wildlife

habitat and enhance marine habitat if present.

ii. When a hazard tree is located in a geologically hazard area, the applicant shall

submit a Bluff Management Plan pursuant to Section 4.1.5, Critical Areas;

however, the hazard tree may be removed prior to the approval of the plan if it is

necessary to protect life and property. The cost and preparation of the plan is the

responsibility of the applicant.

3. New vegetation in the Shoreline Buffer, unless provided for in zone-specific

requirements Section 4.1.3.6, shall use a native plant community approach of multi-

storied, diverse plant species that are native to the Central Puget Sound marine riparianzone. Other approved plant species that are similar to the associated native species in

diversity, type, density, wildlife habitat value, water quality characteristics and slope

stabilizing qualities to the original vegetation, excluding noxious/invasive species, may

be approved provided it is demonstrated to the satisfaction of the Administrator that the

selected ornamental plants can serve the same ecological function as native plant species.

4. Tree retention outside the Shoreline Buffer or Site-specific Vegetation Conservation

Area, but within the shoreline jurisdiction, shall meet the vegetation management

standards for no net loss of ecological function; Section 4.1.2, Environmental Impacts.

The Administrator may require site plan alterations to retain significant trees, including

minor adjustments to the location of building footprints, adjustments to the location of

driveways and access ways, or adjustment to the location of walkways, easements or

utilities.

4.1.3.6 Regulations - Shoreline Buffer -Location and Design Standards

1. The Shoreline Buffer consists of two zones. The total depth of the Shoreline Buffer is

based on the shoreline environment designation and shoreline use as listed in Table 4-2.See Figure 4-1. The depth of each zone within the Shoreline Buffer is determined as

follows:

a. Zone 1 shall extend from the ordinary high water mark (OHWM) to the limit of

existing native vegetation (trees, shrubs and native groundcover, excluding invasive /

noxious species), as determined through a site-specific analysis of existing vegetation

conditions, and shall be no greater than the established total depth of the Shoreline

Buffer.

b. Zone 2 shall be established immediately landward of the Zone 1 and extend no further

than the established total depth of the Shoreline Buffer.

2. The total area of the Shoreline Buffer shall be the equivalent of the length of the property

along the shoreline, multiplied by the required buffer depth as prescribed for the specific

shoreline environment designation in which the property is located. See Figure 4-1.

3. The minimum and maximum depth of the Shoreline Buffer will be determined by the

Administrator according to criteria and as specified in Table 4.2. The city shall maintain a

Comment [LH21]: 8/25/11 Workgroup: Agreedto include Bluff Management section here. Ryan

Comment [R22]: Staff, Moved to regulations –

general 12-16-11

Comment [M23]: Staff – clarifying 3/31/11

Comment [R24]: People for Puget Sound.Noxious Weed List. 8/6/11

Comment [R25]: Staff moved from 4.1.3.6 12-21-11

Comment [R26]: Planning Commission,language clarification. 12-21-2011

Comment [l27]: This paragraph revised forclarity 8/9/11

Comment [l28]: Staff renumbered for clarity.Former number 1. 9/1/11

Comment [M29]: Staff – moved from residentiasection 3/31/11




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geographic information system (GIS) database to determine the extent of existingvegetation. The database shall be utilized by staff to provide the preliminary extent of the

Shoreline Buffer boundaries (including the depth of Zone 1). Site-specific review will be

necessary to verify buffer dimensions at the time of any development application.

4. The following standards shall apply except as otherwise provided in Sections 4.1.3.8 and

4.1.3.9, Alterations to Buffers or elsewhere in the Shoreline Master Program:

a. All native shrubs and significant trees within the Shoreline Buffer shall be retained.

b. All activities shall be performed in compliance with the applicable standards

contained in this section, unless the applicant demonstrates that alternate measures or

procedures are equal or superior in accomplishing the purpose and intent of this

section, including no net loss of ecological function.

5. All new plantings in the Shoreline Buffer unless provided for in zone-specific

requirements below, shall meet the requirements of Section 4.1.3.5 Regulations –

General. The following zone-specific planting regulations apply:

i. New lawns are not permitted in Zone 1.

ii. In Zone 2, one-third (1/3) of the total square footage may be planted in

grass lawns and/or contain structures as allowed in Sections 4.1.3.7

and 4.1.3.8 below, provided no significant native trees are removed to

establish such use. The remaining two-thirds (2/3) of Zone 2 shall be

retained or maintained in a native vegetative state, with preference

given to native species for new plantings as provided in section 4.1.3.5

Regulations - General. Planted areas in which fertilizers and/orpesticides might be applied, as allowed in Section 4.1.6, Water Quality

and Stormwater, shall be located as far landward of Zone 1 as feasible.

6. Buffers are not required to extend beyond an existing public paved road or an area which

is determined by the City to be functionally isolated from the shoreline or critical area. In

these limited instances no net loss of shoreline ecological function and processes shallcontinue to apply to those properties within the shoreline jurisdiction.

4.1.3.7 Regulations — Shoreline Structure Setback View Requirement

1. To protect existing views and accommodate shoreline views for a new single-family

primary residential structure or addition to a primary structure, the Administrator may

allow the Shoreline Buffer to be reduced or increased when there is an existing primary

residential structure located within 100 feet of the property line of the subject property

and topographical or other relevant information indicates that the view of the shoreline

from the subject property or the adjacent residence would be impacted by existing or

proposed development.

a. If the shoreline structure setback on the subject property is reduced below the depth

requirements identified in Table 4.2, mitigation shall be required pursuant to Section

4.1.2, Environmental Impacts.

b. In no case shall the subject property be permitted to locate a new primary structure

within Zone 1, unless a shoreline variance is granted. The setback requirement for the

subject property shall be based on the location of the adjacent properties‟ primary

Comment [k30]: Staff added 8/4Moved for clarity from 2.a. 9/1/11

Comment [R31]: Staff, language clarification12-21-11

Comment [M32]: Staff – added for clarity3/31/11

Comment [M33]: Staff – added to allow foralternate buffers, partially based on Jefferson County3/31/11

Comment [LH34]: 8/25/11 Workgroup Agreedto the following:1) Remove “left in a native vegetative state” to

address conditions that include no existingvegetation;2) Add provision to address that areas in Zone 2 that

are developed as allowed in these provisions, are notestablished through the removal of existingsignificant trees (using similar language as used in

4.1.3.6.3.a, page5);3) Get input from environmental consultantregarding fertilizer and pesticide use in the SB andwhether the proposed language is adequate to

provide appropriate protection in the SB and accounfor home use.

Comment [RE35]: Moved to 10 from 11,

5/10/11

Comment [M36]: Staff – Jefferson County butwith a minimum dimension and including the City‟sdetermination 3/31/11

Comment [R37]: Staff added language to clarifyintent of workgroups, that some ecological functionsmay continue to occur in locations which may not

have a direct connection. 12-21-11

Comment [R38]: New section created 12-21-11

Comment [M39]: Staff – modified existingsetback for residences to instead determine buffer3/31/11

Moved from zoning (18.78.060)

Staff re-wrote this section fo better understanding.




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residential structure(s) as described in subsections (i) through (iii) below,

i. Existing Primary Residential Structure l ocated on one side of the subjectproperty within 100 feet of the property line the shoreline structure setback line

shall be determined by a line drawn between two points as follows:

A. If the neighboring primary residence is landward of Zone 1, the

shoreline setback line is determined by drawing a line from the most

waterward point of that portion of the neighboring primary residentialce

structure to a point in which the subject property‟s Shoreline Buffer

boundary intersects the opposite property line. (See Figure 4.1.a.1

below)

B. If the neighboring primary residence is located waterward of Zone 1,

then the shoreline structure setback line shall be determined by drawing

a line from the intersection of the subject property and the neighboring

property‟s Zone 1. (See Figures 4.1.b, below)

ii. Existing Primary Residential Structures located on both sides of the subject

property within 100 feet of the property line.

A. If the neighboring primary residential structures are located landward

of Zone 1, then the shoreline structure setback line shall be determined

by drawing a line between the most waterward points of each of the

neighboring primary residential structures.

B. If either of the neighboring primary residences is located waterward of

Zone 1, then the shoreline structure setback line shall be determined by

drawing a line from the intersection of the subject property and theneighboring property‟s Zone 1. (See Figures 4.1.b, below)

iii. Existing Primary Residential Structure Located on Both Sides of a Shoreline

Forming a Cove or Headland.A. If the adjacent primary residential structures are located on a shoreline

forming a cove or headland as determined by the Administrator, the

shoreline structure setback line shall be determined by averaging the

shoreline setback lines of the two adjacent primary residential

structures. (See Figures 4.1.c, below)

B. If either of the neighboring primary residential structures is located

waterward of Zone 1, then the distance from the OHWM to the

intersection of the subject property and the neighboring property‟s Zone

1 shall be used for the purposes of calculating the average. If there is an

adjacent primary residential structure on only one side, then subsection

(i) above shall apply.

c. Setbacks for the purposes of this subsection are based on the location of

primary residential structure(s) existing at the time a new primary residentialbuilding permit is submitted. A primary residential structure constructed in

compliance with the required shoreline setback is not made nonconforming by

Comment [R40]: Staff Reworded regulation8/4/11




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the later construction or replacement of a primary residential structure in adifferent location on an adjacent lot.




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Figure 4.1.a




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Figure 4.1.b




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Figure 4.1.c




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4.1.3.8 Regulations —

General Vegetation Alteration Standards

1. No clearing, grading, or construction may be undertaken within the Shoreline Buffer

except for specific uses and activities as provided in Sections 4.1.3.9 through 4.1.3.11,

and the following activities as prescribed below and pursuant to Section 4.1.4, Land

Modification. Such activities shall be conducted pursuant to Section 4.1.4 Land

Modification and may also require a clearing permit pursuant to BIMC Chapter 15.18.

a. Approval Required for Minor Vegetation and Tree Removal.

A vegetation clearing and tree removal request shall be submitted in writing to

the City prior to any vegetation or tree alteration or removal within the

Shoreline Buffer. The request shall include the location, number, type and sizeof tree(s) and vegetation being removed, the proposed replacement tree(s) and

a riparian vegetation planting plan meeting the standards required in Section

4.1.2.5, Re-Vegetation Standards. The City shall inspect the tree replacement

once installation is complete.

b. Minor Pruning

Tree pruning, including thinning of lateral branches to enhance views, or

trimming, shaping, thinning or pruning of a tree necessary for plant health and

growth and which is not intended to harm the health of the plant, is allowed

consistent with the following standards:

i. All pruning shall meet the American National Standards Institute (ANSI)

tree pruning standards;

ii. In no circumstance shall removal of more than one-fourth (1/4) of the

original crown be permitted within a three year period;

iii. Pruning shall not include topping, stripping of branches or creation of an

imbalanced canopy;

iv. Pruning shall retain branches that overhang the water, to the maximumextent feasible.

c. New Construction-related Vegetation Removal.

Tree or vegetation removal associated with either construction or

reconstruction of a development, use, or activity, primary structure (within the

same footprint), including or maintenance of existing public facilities

including: roads, paths, bicycle ways, trails, bridges, sewer infrastructure

facilities, storm drainage facilities, fire hydrants, water meters, pumping

stations, street furniture, potable water facilities, and other similar public

infrastructure, must meet the requirements of Section 4.1.2, Environmental

Impacts; except that the following activities are exempt:

i. Removal of vegetative obstructions required for sight distance and visual

clearance at street intersections provided in the Public Works Design and

Construction Standards and Specifications.

ii. Removal of trees pursuant to a Forest Practices Permit (Class II, III and

IV-S only) issued by the Washington State Department of Natural

Comment [R41]: Staff, clarified 12-21-11

Comment [l42]: Staff added headings to each ofthe provisions under a through f for easier citing andlocating.

Comment [l43]: Kirkland

Comment [RE44]: Staff – combination of Jefferson & Anacortes 3/31/11

Comment [RE45]: Staff – copied from tree code3/31/11




12


Resources. Unless otherwise stated, the vegetation conservationregulations of this Program do not apply to commercial forest practices as

defined by this Program when such activities are covered under the

Washington State Forest Practices Act (RCW 76.09), except where such

activities are associated with a conversion to other uses or other forestpractice activities over which local governments have authority. For the

purposes of this Program, preparatory work associated with the conversion

of land to non-forestry uses and/or developments shall not be considered a

forest practice and shall be reviewed in accordance with the provisions for

the proposed non-forestry use, the general provisions of this Program and

BIMC Chapter 16.20, and shall be limited to the minimum necessary to

accommodate an approved use.

d. View Maintenance

Shoreline uses or developments shall use all feasible techniques to maximize

retention of existing native shoreline vegetation within the Shoreline Buffer.

i. Limited removal of existing trees or vegetation on the same property as a

single-family residence may be allowed to maintain a pre-existing view

from the primary structure, or establish a view for a new primary structure

provided that the following are met:

1. The applicant demonstrates to the satisfaction of the Administrator

that the tree removal is the minimum necessary to re-establish or

establish a view of the water enjoyed by other residences in the

area, and that pruning methods are not sufficient to provide an

adequate view of the water similar to that enjoyed by other

residences in the areas; and

2. Existing significant native trees are not removed within the

Shoreline Buffer, except when determined to be a hazard tree

pursuant to Section 4.1.3.5(3); and

3. In no instance shall vegetation removal exceed twenty (20) percent

of the required Shoreline Buffer area or fifteen (15) linear feet of

the water frontage, whichever is greater, and the alterations shall

not reduce the vegetation canopy to less than 65%; and

4. The applicant shall obtain an approved Bluff Management Plan

pursuant to Section 4.1.5 for any vegetation alteration in a

geologically hazardous area. The cost and preparation of the plan

is the responsibility of the applicant; and

5. All vegetation removal complies with other applicable

requirements of this program (such as clearing and grading, forest

practices, and protection standards for fish and wildlife habitat)

and the no net loss standard for vegetation in Section 4.1.2,

Environmental Impacts.

ii. The Administrator may deny a request or condition approval for

vegetation alteration proposals for view maintenance if it is determined


Comment [LH47]: 8/25/11 Workgroup: Agreedto provided implementing language for Policy #9 toallow limited removal of vegetation for viewspursuant to this policy.

This need work and research. And discussion withCurrent Planners

Comment [l48]: Staff added language forclarification.




13


that the action will result in an adverse effect to any of the following:

1. Slope stability;

2. Habitat value;

3. Health of surrounding vegetation;

4. Risk of wind damage to surrounding vegetation;

5. Nearby surface or ground water; or

6. Water quality of a nearby water body.

e. Underground Utilities. Utilities that run approximately perpendicular to the

buffer (for example, a stormwater tightline to the water to protect a slope or asewer line to a marina), may be allowed within the Shoreline Buffer, provided

that disturbance is minimized and the buffer is revegetated after construction.Additional regulations in Section 4.1.2, Environmental Impacts, Section 4.1.5

Critical Areas and Section 4.1.6, Water Quality and Stormwater may apply.

f. Other Approved Development in the Shoreline Buffer.

i. Potable water wells;

ii. Shoreline stabilization in accordance with Section 6.0; and

iii. Construction of one (1) approved tram, provided this development is

approved pursuant to Section 6.1, Shoreline Modifications.

2. Shoreline Buffer Reductions are allowed as follows:

a. When the prescriptive buffer depth is reduced or altered, the applicant shall

record a Notice on Title, or other similar document subject to the approval of

the Administrator, with the County Auditor prior to permit issuance.

b. If reducing the required depth of the Shoreline Buffer in accordance with the

Shoreline Setback provisions of Section 4.1.3.7 or other reductions allowed

through this program, Zone 1 must be restored in accordance with provisions

of Section 4.1.2.5, Vegetation Standards.

c. For undeveloped lots in which the Shoreline Buffer is predominately located in

Zone 1 (making up 75% or more of the Shoreline Buffer), a 25% reduction to

the Shoreline Buffer immediately adjacent to primary structure only to

accommodate views may be allowed by the Administrator for the constructionof a new primary single family residence provided the following can be met:

i. The lot is not considered a legal non-conforming lot under the provisions

of Section 4.1.2.7, Regulations - Non Conforming; andii. The provisions of Section 4.1.3.7, Structure Setback Line are met; and

iii. The shoreline buffer shall extend the total area of the allowed reduction

such that a contiguous vegetation zone is created in the 30% side yard

setback. These shall occur in greater side yard setback, if side yard

setbacks are equal the area may be divided.

Comment [M49]: Staff – items allowed in otherbuffers 3/31/11

Comment [l50]: Staff combined last three misc.developments under one new heading for simplicity.

Comment [M51]: Staff – identifying limitationon tram & moved from residential section 3/31/11

Comment [k52]: Staff, inserted “and”. 7/25/11

Comment [R53]: Staff moved from 4.1.3.7 12-21-11

Comment [R54]: Staff added to address viewsfor lots which would not have a zone 2 due to beingfull vegetated, for discussion 12-21-11




14


iv. Mitigation is provided pursuant to Section 4.1.2, EnvironmentalImpacts, as determined through a site-specific analysis.

4.1.3.9 Vegetation Alteration Standards — Residential Development

Minor clearing, grading, or construction may be allowed within the Shoreline Buffer for a

residential development with approval of the Administrator pursuant to Section 4.1.3. 8(1)(a),

and only for the following activities as prescribed below and pursuant to Section 4.1.4, Land

Modification:

1. One (1) hand installed pervious path to the shoreline designed to minimize environmental

impacts and not more than four (4) feet in width. The path may include hand installed

steps and the path may be wider when required for handicapped or public access;

Staircase design shall follow residential building standards for staircase construction

pursuant to BIMC Chapter 15.04 for:

a. Handrails; and

b. Tread depth and riser height; and

c. When feasible, safety landings.

2. Primary appurtenant structures to a single family use and non-habitable structures, such

as a boat house, deck/patio and/or stairway may be allowed consistent with the following

standards, except that all structures are prohibited in Zone 1 upland of an Aquatic

Conservancy environment.

a. The total square footage of all buildings or structures must not exceed 400

square feet or 10% of the Shoreline Buffer area, whichever is less.

b. Only 10% of the total allowed square footage or 300 square feet, whichever is

less, can be located in Zone 1.

c. All structures must be designed to not significantly impact views from

adjacent property primary buildings. All structures must meet the followingstandards:

i. Only water-related structures are allowed in Zone 1, including a

boathouse, permeable deck, boat storage, or staircase;

ii. Buildings shall not exceed 12 feet in height above existing grade;iii. Stairways shall not exceed 250 square feet. Stairways shall

conform to the standards of the International Residential Building

Code as adopted in BIMC Chapter 15.04. If a larger staircase is

required to obtain access to the beach, a tram will be required,

unless a staircase design is demonstrated to the satisfaction of the

Administrator to provide greater protection of slope stability and

ecological function; and

iv. Decks and/or patios shall be permeable and shall not exceed 30

inches in height above existing grade.

4.1.3.10 Vegetation Alteration Standards – Commercial and Industrial Development

Minor clearing, grading, or construction may be approved within the Shoreline Buffer for a

Comment [l55]: Added section specific toResidential appurtenant structures and buffer regs.7/6/11

Comment [M56]: Staff – moved from residentiasection & clarified 3/31/11

Comment [R57]: Discuss slope requirements

Comment [M58]: Staff – moved from residentiasection and modified to better meet policies 3/31/11

Comment [l59]: Staff, Added section specific toCommercial structures and buffer regs. 7/6/11




15


commercial or industrial development with approval of the Administrator, pursuant to Section4.1.3.8(2)(a) and only for the following activities as prescribed below and pursuant to Section

4.1.4, Land Modification:

1. Primary appurtenant structures to a commercial use that either support public access or

are necessary to support a water-dependent use shall be allowed within the buffer when

the applicant has demonstrated a need for the shoreline location, except that all structures

are prohibited in Zone 1 upland of an Aquatic Conservancy environment.

2. When appurtenant structures are allowed ,they must be the minimum necessary to meet

the needs of the water-dependent use or public access requirements of Section 4.2.4,

Public Access.

4.1.3.11 Vegetation Alteration Standards – Public Park Development

Minor clearing, grading, or construction may be allowed within the Shoreline Buffer for a public

park development with approval of the Administrator, pursuant to Section 4.1.3.8(2)(a) and only

for the followings:

1. The size and extent of proposed disturbed areas within the Shoreline Buffer have been

determined as part of a park development plan or master park plan, with due

consideration of the intended park use; and all proposed disturbance areas meet the no net

loss standards pursuant to Section 4.1.2. Environmental Impact; and appropriate permits

are obtained including those pursuant to Section 4.1.4, Land Modification.

2. Activities as prescribed below and pursuant to Section 4.1.4, Land Modification may be

allowed without an approved park development plan or master park plan:

a. Public pathways to the shoreline shall be allowed within the Shoreline Buffer

provided it is demonstrated that the size and extent of public pathways have

been determined with due consideration of the intended park use. Primary

appurtenant structures to a public park and recreation use that either support

public access or are necessary to support a water-dependent recreational use

shall be allowed within the buffer when a need for the shoreline location isdemonstrated, except that all structures are prohibited in Zone 1 upland of an

Aquatic Conservancy environment. When appurtenant structures are allowed

they must be the minimum necessary to meet the needs of the water-dependent use or public access requirements of Section 4.2.4, Public Access.

b. The total square footage of all buildings or structures must not exceed 6000

square feet or 10% of the Shoreline Buffer area, whichever is less.

c. Only 10% of the total allowed square footage or 1000 square feet, whichever

is less, can be located in Zone 1.

d. All structures must be designed to not impact views significantly fromadjacent property primary buildings. All structures must meet the following

standards:

i. Only water-related recreational furniture, amenities and structures

are allowed in Zone 1, including but not limited to, picnic tables,

benches, interpretive kiosks, viewing platforms, boardwalks,

pervious trails or staircases;

Comment [l60]: Staff, Added section specific toPublic Parks structures and buffer regs. 7/6/11

Comment [LH61]: 8/25/11 Workgroup: Agreedto provide that the Park District can establish SB sitedisturbance specific to a particular park through amaster park plan process; however the park development must also meets standards of the SMPas required by law, including no net loss and limiteddisturbance of required SB.




16


ii. Accessory recreation buildings, including restrooms, picnicpavilions and service roads that serve such structures may be

allowed in Zone 2. Buildings shall not exceed 12 feet in height

above existing grade;

iii. Stairways may exceed 250 square feet, provided that it is

demonstrated that a greater area is necessary to meet public access

and public use demands. Stairways shall conform to the standards

of the Building Code as adopted in BIMC Chapter 15.04.

iv. Boat ramps and other boating facilities may be allowed pursuant to

Section 5.4, Boating Facilities.

4.1.4. Land Modification

4.1.4.1 ApplicabilityAll shoreline uses and activities must conform to the clearing and grading provisions herein,

including development which does not require a shoreline permit. (See also Water Quality and

Stormwater Section 4.1.6 for related provisions.)

4.1.4.2 Land Surface Modification Policies

1. Allow alteration of the natural landscape only in association with existing legal uses or

new permitted or allowed shoreline use/or development. Prohibit speculative clearing,

grading, or vegetation removal.

2. Avoid and minimize potential adverse impacts from land surface modification activities

through proper site planning, construction timing practices, and use of erosion and

drainage control methods. Generally, these activities should limit alteration of the natural

landscape to the extent necessary to accommodate the proposed use, or to remove

invasive vegetation, and should be designed and located to protect shoreline ecologicalfunctions and ecosystem-wide processes.

3. Assure clearing and grading activities are consistent with the Stormwater Manual to

prevent adverse impact to wildlife habitat, streams, lakes, and wetlands from erosion.

4. For clearing and grading proposals, provide a clearing and grading plan addressing native

species removal, erosion and sedimentation control, and protection of critical areas and

shoreline vegetation conservation and management zones. Use low impact development

techniques to minimize adverse impacts to natural hydrologic conditions, such as soil

compaction and transpiration.

5. Promptly replant disturbed areas following project completion. Replanting with native

shoreline vegetation should be a priority, however, flexible planting plans that

incorporate non-native plant species which provide similar functions can be considered.

4.1.4.3 Regulations – Prohibited

1. All clearing and/or grading not associated with an approved development is prohibited.

Clearing and/or grading within shoreline jurisdiction, shall only be permitted upon




17


approval of a detailed landscape plan for vegetation, in accordance with mitigationrequirements in Section 4.1.2, Environmental Impacts and Section 4.1.3, Vegetation

Management.

4.1.4.4 Regulations – General

1. Clearing and grading shall be associated with a permitted shoreline use, provided that

upon completion of construction, remaining cleared areas shall be replanted within the

first applicable planting season. Replanted areas shall be established in accordance

with Section 4.1.3, Vegetation Management.

2. All vegetation that is intended to be retained but may likely to be disturbed by the

clearing and grading activity shall be protected in accordance with the standards of

BIMC Chapter 15.18.

3. Land alteration (clearing, grading, filling) shall be limited to the minimum necessary

for development. All land alteration must meet the standards of BIMC Chapter 15.20.

Comment [M62]: Staff – changed to refer to newrestoration standards 3/31/11



Section 4.1.3, Vegetation Management Attachment 1 B

1


E. Native Vegetation Zone

4.1.3 Vegetation Conservation and Management Zones


Definition and Purpose

The native vVegetation Management zones are areas that are is a required for vegetation

protection and conservation management areas which include buffers, encompassing all

shoreline uplands from the OHWM to the dimension within the Shoreline Jurisdiction.

Dimensional and other development standards, including buffers, are established forthese management zones based on site specific development and conditions or as

specified for that particular shoreline environment. ItsThe purpose of these Vegetation

mManagement Areas zones is to protect and enhance the Island‟s natural character, water

quality, native plant communities, and wildlife habitat along the shoreline. Managementof this area may also be reviewed under BIMC Chapter 16.20 4.1.5 Critical Areas,Appendix B and BIMC Chapter 15.18, Land Clearing, when applicable.

Vegetation conservation includes activities to protect and restore vegetation along or near

marine and freshwater shorelines that contribute to the ecological functions of shoreline

areas. Vegetation conservation provisions include vegetation restoration, the prevention

or restriction of plant clearing and earth grading, and the control of invasive weeds and

nonnative species.

The native Vvegetation Conservation and Management Area Zzones provisions apply to

all shoreline development, and regulated uses, and activities, including those that which

do not require a shoreline permit, and existing uses and structures development only

when changes or alterations occur are proposed. As with all master program provision,

vegetation conservation provisions apply even to those shoreline uses and development

that are exempt from the requirement to obtain a permit. Like Similar to other masterprogram provisions, vegetation conservation standards do not apply retroactively to

existing uses and structures unless changes or alterations occur are proposed.Standards

for the native vVegetation Conservation and Management Areas zones are established

using current scientific and technical information pursuant to WAC 173-26-221(5)(b) and

173-26-201(2)(a), and are based on the use category, shoreline characterization and the

environment designation and are provided in Section IV4.0, General (Island-wide)

Regulations - Environment Designations, Table 4-2. In some cases, the standards are

further refined by regulations in Section V5.0, Specific Use Policies and Regulations.

(See specifically Section V, subsection K, Residential Development.)

4.1.3.2 Goal

Protect and restore shoreline vegetation to maintain and enhance ecological functions,

shoreline views and vistas, human safety, and personal property protection and shoreline

views and vistas.

4.1.3.3 Vegetation Conservation Management Policies

1. Maintain existing shoreline vegetation and marine riparian zones to protect ecological

Comment [R1]: Added to clarify the tieredmanagement approach of the 200 foot jurisdiction11/15/2010

Comment [R2]: Changed to reference newlocation for information

Comment [js3]: Staff insertion 5/11/11

Comment [l4]: From WAC 173-26-221(5)(a)Changes reflect discussion and decision of

Workgroup on 12/8/2010

Comment [l5]: Added language from WAC 173-26-221(5)(a): 12/8/2009

Comment [l6]: Incorporated based onWorkgroup discussion of 12/8/2010




2


functions and/or processes from adverse impacts of uses, activities and developmentswithin the shoreline jurisdictions. Preservation of native plant species is key tomaintaining the ecology of the shoreline as well as preserving the Island‟s character .

2. Emphasize the use of Nnative plant species communities within the shoreline jurisdiction

should be protected, maintained and enhanced. to maintain the ecological function and/or

processes and mitigate the direct, indirect and/or cumulative impacts of shoreline uses,

activities and developments.

3. Provide alternative flexible dimensional standards for Shoreline Buffers and building

setbacks that are based on performance standards designed to protect shoreline ecological

functions and ecosystem-wide processes, including considering alternatives to planting

native species if it can be demonstrated that the same ecological functions can be

provided.

4. Use monitoring programs to ensure the protection of shoreline ecological functions

within the Vegetation Conservation and Management AreasZones, particularly whennon-native plant species are used as an alternative to native plants.

5. Encourage the restoration or enhancement of shoreline vegetation through incentive

programs. 3. Degraded shorelines should be restored to provide native habitats and

enhance water quality.

4. Development should preserve existing environmental features to minimize disturbance of

natural systems.

6.5.Establish Shoreline Buffers A native Vvegetation Conservation and Management zones

immediately upland of OHWM for each shoreline use and shoreline environment

designation characterization, should be established recognizing the pattern of

development, and ecology of the shoreline ecological functions and ecosystem wide

processes, and using current science and technical information, as described in WAC

173-26-201(2)(a).

7. Site-specific dimensional standards within Vegetation Conservation and Management

Areas zones should be established for shoreline use, activity or development at the time

of a proposal. Standards must protect ecological functions of the shoreline and should

consider land use patterns to minimize the number of existing structures that would not

conform to dimensional standards of a Shoreline Buffer the management zones.

8. 6. The City should Iimplement a public education program emphasizing the importance of

shoreline vegetation management.

9. Selective vegetation clearing for views should be allowed for new development and to

maintain views from existing residences when slope stability and ecological functions are

not compromised. Trimming and pruning are generally preferred over removal of native

shoreline vegetation.

10. Develop specific regulations for Point Monroe, based on geomorphic appropriate

vegetation communities and management practices appropriate for sand spits or sub-estuaries (pocket estuary).

Comment [R7]: Douglas County 11/15/2010

Comment [l8]: Updated with WAC 173-26-221(5)(b)Modified by Workgroup 12/8/2010 to remove “andshoreline setbacks” ---language from WAC 173-26-221(5)(b) included.

Modified 9/15/2011 – Planning Commission

Comment [LH9]: 8/25/11 Workgroup: Addedregulations to implement this policy to allow

removal of vegetation for views pursuant to this

policy. Regulation should be included in 4.1.3.7Regulations- General Vegetation Alterations

Standards, Reg # 2.

Comment [R10]: Staff, Recommed languagechange for clarity. 12/21/11




3



Exceptions

1. Vegetation conservation standards shall not apply retroactively to existing legally

established uses and developments, including maintenance of existing residential

landscaping, such as lawns and gardens. Property owners are strongly encouraged to

voluntarily improve shoreline vegetation conditions over the long term.

2. The City shall recognize and adhere to existing buffers and setbacks that have been

established through previously approved subdivisions and are indicated on the face of an

approved the plat.

4.1.3.5 Regulations — General

1. Two alternative methods may be used to meet the goals and policies of shoreline

vegetation conservation, as follows:

a. Site-Specific Vegetation Management Areas. Alternative buffer widths may be

allowed for If an applicant of a shoreline use, development, or activity proposes to

use alternative buffer width requirements of an SMA-regulated water body using

i. An applicant may propose specific dimensional standards that meet the

Vegetation Management goals and policies as and are determined based

through the a Habitat Management Plan standards prescribed in Appendix B,

Section B-4, provided such buffer modifications are that the applicant

demonstrates the following:

A. The proposed development will protect shoreline ecological functions of

the property and ecosystem-wide processes and will not result in a loss of

ecological functions or ecosystem wide processes as determined through a

site-specific analysis pursuant to Section 4.1.2.4(3);

B. The specific proposal meets the goals and policies of the for this

Vegetation Management section, and is as protective as, or more

protective than the Shoreline Buffer standards outlined in section

4.1.3.5(1)(b);

C. The proposal meets all other standards of this program includingMitigation Sequencing of Section 4.1.2.5.1;

ii. The alternative buffer proposal shall be reviewed by the Administrator, who

may approve, approve with conditions, or deny the request. The

Administrator may, at his/her discretion, have the request reviewed by an

independent third party, the cost of which will be borne by the applicant.

iii. When an alternative buffer proposal is approved, the applicant shall record a

Notice on Title, or other similar document subject to the approval of the

Administrator, with the County Auditor prior to permit issuance.

b.1. Shoreline Buffer (SB) A vegetation buffer, called a native vegetation zone, A

Shoreline Buffer (SB), located within the 200-foot shoreline jurisdiction, shall be

maintained immediately landward of the OHWM and managed according to

provisions of this section. The Shoreline Buffer SB shall be composed of two zones:

Zone 1, an inner protective buffer area located immediately adjacent of the OHWM;

and Zone 2, the remaining portion of the SB Shoreline Buffer located immediatelyadjacent to Zone 1the inner zone. The dimensions of the zone shall be those

established for the particular shoreline use and shoreline environment designation

Comment [js11]: Staff: changed “exemptions”to “exceptions” 5/11/11 Moved 1,4-7 to newvegetation alteration section

Comment [RE12]: Staff – added exemptionsection to clarify what does not need to meetvegetation conservation (buffer) requirements3/31/11


Comment [LH14]: 8/25/11 Workgroup: Agreedto include thresholds for when the SB regulationswould become effective and replanted would berestricted or required.

Comment [l15]: Staff amended pursuant to

Planning Commission request for amendments attheir Sept. 8 meeting. Move 1. a ti

Staff added for consistency with CAO section of SMP7/6/11

Comment [R16]: Staff, Deleted duplicated.12/21/11

Comment [R17]: Staff, Moved to beginning of section. 9/1/11

Comment [l18]: Staff added to clarify that thealternative buffer runs with the property.

Comment [LH19]: 8/22/11 Workgroup:Amended this section to clarify that the standardbuffer is located within the 200-foot jurisdiction andthat there are two zones within the standard buffer,renamed as Zone 1 and Zone 2.

Staff Question: Along with the „thresholds‟, do we

want to add a purpose section for the SB and the two

zones?




4


asand listed in Table 4-2. The Shoreline Buffer SB shall meet the location and designstandards of Section 4.1.3.6, below.

2.3. The Shoreline Buffer SB or Site-specific Vegetation Management Area shall be

maintained in a predominantly natural, undisturbed and vegetated condition except as

otherwise allowed within this section. Existing native vegetation within the Shoreline

Buffer SB or Site-specific Vegetation Management Area this zone shall remain unless

specifically allowed to be altered or removed under the provisions of this section. or

Section V, Specific Shoreline Use The following shall be exempt from this requirement:

a. Maintenance of existing residential landscaping, such as lawns and gardens, as

defined in Section 4.1.3.6. Existing landscape areas may be retained within

the SB Shoreline Buffer or Site-specific Vegetation Management Area;

however, any changes from the existing landscape to a different landscaping

use or activity will require that the modified area comply compliance with the

provisions of this section, 4.1.3 Vegetation Management, and the intent of the

SB Shoreline Buffer as a predominately native vegetation buffer;

b. Maintenance trimming of vegetation with main stem or supporting structures

less than three (3) inches in diameter, except that tree topping or vegetation

removal are not exempt. All other trimming and pruning must meet the

Vegetation Alteration standards of section 4.1.3.7, below;

c. Buffer enhancement by removal of noxious or invasive weeds, based on

consultation with the Kitsap County Noxious Weed Board and conducted in a

manner consistent with best management practices, and/or planting native

vegetation in accordance with section 4.1.2, Environmental Impacts No Net

Loss and Mitigation;

d. For single-family residential property, construction of one pervious surface

trail for non-motorized use, provided the trail is no wider than four (4) feet

and the vegetation trimming is limited to four (4) feet on either side of the

trail; and further provided that no significant trees are removed and the trail is

not constructed in a geologically hazard area;e. 3. Removal of hazard trees, as defined in Appendix B, where trimming is not

sufficient to address the hazard, may by allowed by the Administrator within

the SB, subject to a report by an arborist or other approved expert, and

approval of the removal by the Administrator.

i. The Administrator shall require replacement trees and vegetation be

replanted for mitigation as necessary in accordance with Section 4.1.2.

Environmental Impacts No Net Loss and Mitigation, and may require

that the downed tree be retained on site to provide wildlife habitat andenhance marine habitat if present.

ii. When a hazard tree is located in a geologically hazard area, the

applicant shall submit prepare develop a Bluff Management Plan

pursuant to Section 4.1.5 Critical Areas; however, the hazard tree may

be removed prior to the approval of the plan if it is necessary to protect

life and property. The cost and preparation of the plan is theresponsibility of the applicant. 3.

Comment [l20]: Thresholds added to clarifywhat vegetation disturbance is allowed in the SB, asrequested by the Workgroup 8/25/11 meeting.

Comment [l21]: Moved from Veg Alteration -General section (Reg 2.a)

Comment [LH22]: 8/25/11 Workgroup: Agreedto include Bluff Management section here. Ryan




5


3. New plantings in this zone, vegetation in the Shoreline Buffer, unless provided for inzone-specific requirements Section 4.1.3.6, shall use a be native plant species,

community approach of multi-storied, diverse plant species that are indigenous native to

the Central Puget Sound marine riparian zone. or oOther approved plant species, that are

similar to the associated native species in diversity, type, density, wildlife habitat value,water quality characteristics and slope stabilizing qualities to the original vegetation,

excluding noxious/invasive species, may be approved provided it is demonstrated to the

satisfaction of the Administrator that the selected ornamental plants can serve the same

ecological function as native plant species.

4. Tree retention outside the SB Shoreline Buffer or Site-specific Vegetation Conservation

Area, but within the shoreline jurisdiction, shall meet the vegetation management

standards of for no net loss of ecological function, section 4.1.2. Environmental

ImpactsSee Table 4-2.(See Section IV, Environment Designations, specifically Table 4-

2.). The Administrator may require site plan alterations to retain significant trees,

including minor adjustments to the location of building footprints, adjustments to thelocation of driveways and access ways, or adjustment to the location of walkways,

easements or utilities.

3. New Planting is this zone, shall be native plant species, or other approved species similar

tin diversity, type, density, wildlife habitat value, water quality characteristic and slope

stabilizing qualities to the original vegetation.

4. When vegetation mitigation is required for new development pursuant to the No Net Loss

and Mitigation requirement Section 4.1.2, the mitigation plan shall include new plantings,

protective of views from the primary structure of the subject property and in proportion to

the indentified impact. in the following order of preference and in accordance with

Section 4.1.3. Mitigation plantings shall be located in the following order of preference

and in accordance with Section 4.1.3the following areas:

a. Within Zone 1, retain existing native vegetation and landscape the entire area

provide plantings that are designed to obtain achieve, over time, a excludingallowed alterations in 4.1.3.7& 4.1.3.8, to obtain a minimum 65% native

vegetation canopy coverage within 10 years, consisting of a mix of native

trees, and shrubs and groundcover, or other approved native vegetation(4.1.3.6(6)) appropriate to the specific site conditions;65% site-appropriate

native vegetation coverage within 10 years in the area being planted.

b. In the portion of Zone 2, amend existing plantings to increase canopy

coverage, to meet standards in section 4.1.3.6(6)with a mix of site-appropriate

native vegetation in a manner that promotes contiguous vegetation of areas

nearest the shoreline;

c. In the SB, planted in a manner that promotes a contiguous native vegetated

corridor that connectsing to the shoreline;

d. Outside of the SB, planted in a manner that promotes a contiguous vegetated

corridor to the shoreline;e. Outside of the SB; or

Comment [R23]: Staff, Moved to regulations – general 12-16-11



Comment [RE26]: Staff – added for clarification

of hazard 3/31/11

Comment [LH27]: 8/25/11 Workgroup Agreedto move to design section below.

Comment [LH28]: 8/25/11 Workgroup: Agreedto move to the Mitigation Section; clarify „a.‟;recognize diversity in shoreline vegetationappropriate to specific site conditions does notalways include trees and shrubs.

Planning Commission modified 9/15/2011“protective of views,”

October 20, 2011 PC agreed that view protectionshould be for the primary structure of the subject site

.

Comment [R29]: Moved to 41.2 EnvironmentalImpact

Comment [R30]: Staff, added language to clarifyzone 1 is 100% native vegetation. 12/14/11

Comment [LH31]: 8/25/11 Workgroup: Agreedto recognize diversity in shoreline vegetationappropriate to specific site conditions.

Comment [R32]: Staff, clarified language andreference section. 12/14/2011




6


f. At an offsite location approved by the Administrator, within Zone 1, plantedto meet the standard of either a. orand b. above.

4. Removal of nonnative plants and plants on the State noxious weed list shall be allowed

within the native vegetation zone.

5. Within the native vegetation zone, normal nondestructive pruning and limbing of native

vegetation for maintenance and view shall be allowed provided it does not threaten the

health of the vegetation. Individual tree cutting to remove a hazard may by allowed by

the Director, subject to a report by an arborist or other approved expert.

6. No clearing, grading, or construction may be undertaken within the SB native vegetation

zone unless specifically provided for in this section or in Section V, Specific Shoreline

Use Policies and Regulations.

7. A path. to the shoreline not more than four (4) feet in width, constructed by hand anddesigned to minimize environmental impacts, shall be allowed. The path may be wider

when required for handicapped access

8. Accessory)utility lines determined by the Director to be necessary or required to reduce

an impact (for example, a stormwater tightline to the water to protect a slope or a sewer

line to a marina) may be allowed. (See BIMC, Chapter 16.20.080 Geologically

Hazardous Areas, for additional regulations which may apply.

9. To allow flexibility when required because of site limitations, the depth of the native

vegetation zone (measured from OHWM) may be altered by averaging the depth,

provided that:

a. The total area of the native vegetation zone shall not be less than otherwise required.

b. All portions of the native vegetation zone shall be contiguous.

c. The depth of the zone shall not be reduced more than twenty-five (25%) percent and shall

be a minimum of twenty-five (25) feet, (measured from OHWM) at any point.

d. At least seventy-five (75) percent of the resulting zone shall be located within the area

that would otherwise be required.

e. Any area altered shall be compensated for by a substitute area. Any area used as a

substitute for an altered area must contain vegetation of comparable or better quality than

the area being deleted.

4.1.3.6 Regulations - Shoreline Buffer - Location and Design Standard

1. The Shoreline Buffer (SB) consists of two zones. The total depth of the Shoreline Buffer

SB is based on the shoreline environment designation and shoreline use as listed in Table

4-2. See figure 4-1. The depth of each zone within the Shoreline Buffer SB is determined

as follows:

a. Zone 1shall extend from the ordinary high water mark (OHWM) to the limit

of existing native vegetation (trees, shrubs and native groundcover, excluding

Comment [RE33]: Staff – removed & languagebetter meeting policies put in exemptions 3/31/11

Comment [RE34]: Staff – moved to exemptions& modified to better meet policies 3/31/11

Comment [RE35]: Staff – removed for clarity3/31/11. Regulation #6 moved to New Vegetation

Alteration Section 6-29-11Comment [M36]: Staff – removed & item listedin allowed uses within the buffer in alteration section3/31/11

Comment [M37]: Staff – removed & item listedin allowed uses within the buffer in alteration section3/31/11

Comment [M38]: Staff – removed due toinconsistency with policies 3/31/11

Comment [l39]: This paragraph revised forclarity 8/9/11




7


invasive / noxious species), to a maximum distance of the SB as determinedthrough a site-specific analysis of existing vegetation conditions, and shall be

no greater than the established total depth of the Shoreline Buffer SB.

b. Zone 2 shall be established immediately landward of the Zone 1 and extend

no further then the established total depth of the Shoreline Buffer SB.

2. The total area of the Standard Shoreline Buffer (SB) shall be the equivalent of the length

of the property along the shoreline, multiplied by the required buffer depth as prescribed

for the specific shoreline environment designation in which the property is located. See

Figure 4-1.

3. The minimum and maximum depth of the Shoreline Buffer SB will be determined by the

Administrator according to criteria and as specified distance found in Table 4.2. The city

shall maintain a geographic information system (GIS) database to determine the extent of

existing vegetation. The database shall be utilized by staff to provide the preliminary

extent of the Shoreline Buffer SB minimum and maximum boundaries of the SB

(including the depth of Zone 1). Site-specific review will be necessary to verify buffer

dimensionsSB at the time of any development application.

4. The following standards shall apply except as otherwise provided in Sections 4.1.3.8 and

4.1.3.9, Alterations to Buffers, Section 4.1.2 Mitigation or elsewhere in the Shoreline

Master Program:

a. All native shrubs and significant trees within the Shoreline Buffer SB shall be

retained.

b. All activities shall be performed in compliance with the applicable standards

contained in this section, unless the applicant demonstrates that alternate

measures or procedures are equal or superior to the provisions of this section,

including no net loss of ecological function, in accomplishing the purpose and

intent of this section.

c. If an applicant of a shoreline use, development, or activity proposes to usealternative buffer width requirements of an SMA-regulated water body using

the Habitat Management Plan standards prescribed in Appendix B, such

buffer modification shall be reviewed by the Administrator, who may

approve, approve with conditions, or deny the request. The Administrator

may, at his/her discretion, have the request reviewed by an independent third

party, the cost of which will be borne by the applicant.

5. For new development, or To alter or reduce the SB required depth, Zone 1 must be

restored in accordance with the provisions of Section 4.1.2.5, Vegetation Standards, and

the following:

a. Zone 1 shall be planted to obtain a cover 100% of the area with of native

vegetation, excluding allowed alterations in 4.1.3.7& 4.1.3.8, and obtain a

65% native vegetation canopy coverage within 10 years, with planting

material that consists consisting of a mix of native trees and shrubs or other

approved native vegetation (4.1.3.6(6)) appropriate to the specific siteconditions as specified in this section;

Comment [l40]: Staff renumbered for clarity.Former number 1. 9/1/11

Comment [M41]: Staff – moved from residentiasection 3/31/11

Comment [js42]: Staff edit to reflect newterminology 5/11/11

Comment [k43]: Staff added 8/4Moved for clarity from 2.a. 9/1/11

Comment [M44]: Staff – added for clarity3/31/11

Comment [M45]: Staff – added to allow foralternate buffers, partially based on Jefferson County3/31/11

Comment [l46]: Staff added for consistency withCAO section of SMP7/6/11

Moved to Section 4.1.3.5 (1)(a)

Comment [R47]: Staff, Moved to beginning of section. 4.1.3.8 General Alterations 9/1/11

Comment [LH48]: Moved to EnvironmentalImpacts

Comment [R49]: Moved to 4.1.3.7(2)

Comment [R50]: Staff, moved to 4.1.2.5 Re-Vegetation Standards





8


b. If Zone 1 is impacted and the existing depth of Zone 1 is greater than 30 feetfrom OHWM, then an area equal to the total square footage disturbed by the

building foot print shall be replanted in the Zone 2 such that a contiguous

Zone 1 is created. See Figure XX.

5. 3. All nNew plantings in the Shoreline Buffer SB this zone, unless provided for in zone-

specific requirements below, shall meet the requirements of section 4.1.3.5 Regulations –

General. No Net Loss and Mitigation requirements, Section 4.1.2, and shall include a

shall be native plant community approach of multi-storied, diverse plant species that are

indigenous native to the Central Puget Sound marine riparian zone., or other approved

species

a. Other plant species, similar to the associated native species in diversity, type,

density, wildlife habitat value, water quality characteristics and slope

stabilizing qualities to the original vegetation, may be approved provided it is

demonstrated to the satisfaction of the Administrator that the selected

ornamental plants can serve the same ecological function as native plant

species, provided:

The following zone specific planting regulations apply are required:

i. New lawns are not permitted in Zone 1.

ii. In Zone 2 1, one-third (1/3) of the total square footage may be planted

in contain grass lawns and/or contain structures as allowed in 4.1.3.7

and 4.1.3.8 below, provided no significant native trees are removed to

establish such use; the remaining two-thirds (2/3) of Zone 2 area shall

be retained or maintained in a native vegetative state, with preference

given to native species for new plantings as provided in section 4.1.3.5

Regulations - General. Planted areas in which fertilizers and/or

pesticides might be applied, as allowed in Section 4.1.6, Water Quality

and Stormwater Section 4.1.6, shall be located as far landward of Zone

1 as feasible.

6. Buffers are not required to extend beyond an existing public paved road or an area which

is determined by the City to be functionally isolated from the shoreline or critical area. In

these limited instances the no net loss of shoreline ecological function and processes shall

apply to properties within the shoreline jurisdiction.

4.1.3.7 Regulations — Shoreline Structure Setback View Requirement

1. Shoreline Structure Setback -View Requirement Line. For the purpose of protecting

existing views and accommodating shoreline views for a new single-family primary

residential structure or addition to a primary structure that is comparable to views from

adjacent existing residences, but not necessarily equivalent, the Administrator may allow

the standard Shoreline Buffer to be reduced or increased when there is an existing

primary residential structure located within 100 feet of the property line of the subject

property and topographical or other relevant information indicates that view of the

shoreline form the subject property or the adjacent residence would be impacted byexisting or proposed development.

a. If the shoreline structure setback on the subject property is reduced below the depth

Comment [RE52]: Staff, add to clarify plantcommunity.

Comment [R53]: Staff, Moved to regulations – general 12-16-11


Comment [LH55]: Moved to Section 4.1.3.5 (3)General


Comment [RE57]: Staff, added to allow grasslawns and gardens in water quality buffer.

Comment [LH58]: 8/25/11 Workgroup Agreedto the following:1) Remove “left in a native vegetative state” to

address conditions that include no existingvegetation;2) Add provision to address that areas in Zone 2 thatare developed as allowed in these provisions, are notestablished through the removal of existingsignificant trees (using similar language as used in

4.1.3.6.3.a, page5);3) Get input from environmental consultantregarding fertilizer and pesticide use in the SB and

whether the proposed language is adequate toprovide appropriate protection in the SB and accounfor home use.

Comment [l59]: Check all citations

Comment [RE60]: Moved to 10 from 11,5/10/11

Comment [M61]: Staff – Jefferson County butwith a minimum dimension and including the City‟s

determination 3/31/11

Comment [M62]: Staff – modified existingsetback for residences to instead determine buffer3/31/11

Moved from zoning (18.78.060)




9


requirements identified in Table 4.2, mitigation pursuant averaged provided thatrestoration of the SB shall be required according to this section, in addition to

required mitigation shall be required pursuant to Section 4.1.2 Environmental

ImpactNo Net Loss and Mitigation shall be required.

b. provided that iIn no case shall the subject property development be allowed in

permitted to locate a new primary structure closer than the site specific Zone 1

distance from OHWM, unless a shoreline variance is granted. of the subject property.

be decreased Zone 2 shall not be reduced below Zone 1 30 feet in depth, and the

standard shoreline structure set back line buffer shall be determined according to the

following:

c. The setback line requirement for the subject property buffer shall be based on the

location of the adjacent properties primary residential structure(s) as described in

subsections (ai) through (ciii) below,building(s),

i. b.Existing Primary Residential Structure l ocated on one side of thesubject property within 100 feet of the property line the shoreline

structure setback line shall be determined by a line drawn between two

points as follows:

A. If the neighboring primary residence is landward of Zone 1, the

shoreline setback line is determined by drawing a line from the

most waterward point of that portion of the neighboring primary

residentialce structure to a point in which the subject property‟s

Shoreline Buffer boundary intersects the opposite property line.

(See Figure 4.1.a.1 below)

B. If the neighboring primary residence is located waterward of Zone

1, then the shoreline structure setback line shall be determined by

drawing a line from the intersection of the subject property and the

neighboring property‟s Zone 1. (See Figures 4.1.b, below)

ii. Existing Primary Residential Structure located on both sides of the subject

property within 100 feet of the property line.

A. If the neighboring primary residential structures are located landward

of Zone 1, then the shoreline structure setback line shall be determined

by drawing a line between the most waterward points of each of the

neighboring primary residential structures.

B. If either of the neighboring primary residences is located waterward of

Zone 1, then the shoreline structure setback line shall be determined by

drawing a line from the intersection of the subject property and the

neighboring property‟s Zone 1. (See Figures 4.1.b, below)

iii. Existing Primary Residential Structure Located on Both Sides of a Shoreline

Forming a Cove or Headland.

A. If the adjacent primary residential structures are situated on a shoreline

forming a cove or headland as determined by the Administrator, the

shoreline structure setback line shall be determined by averaging the

Comment [R63]: Workgroup, changed 6-27-11

Comment [R64]: Staff Reworded regulation8/4/11




10


shoreline setback lines of the two adjacent primary residential structures.(See Figures 4.1.c, below)

B. If either of the neighboring primary residential structures is located

waterward of Zone 1, then the distance from the OHWM to the

intersection of the subject property and the neighboring property‟s Zone 1

shall be used for the purposes of calculating the average. If there is an

adjacent primary residential structure on only one side, then subsection (i)

above shall apply.

d. Setbacks for the purposes of this subsection are based on the location of

primary residential structure(s) existing at the time a new primary residential

building permit is submitted. A primary residential structure constructed in

compliance with the required shoreline setback is not made nonconforming by

the later construction or replacement of a primary residential structure in a

different location on an adjacent lot.




11


Figure 4.1.a




12


Figure 4.1.b




13


Figure 4.1.c




14



General Vegetation Alteration Standards

1. 10. Native vegetation zones When the prescriptive buffer depth is reduced or altered, the

applicant shall record a Notice on Title, or other similar document subject to the approval

of the Administrator, with the County Auditor prior to permit issuance. and related

restrictions required by the City for a preliminary plat shall be written on the face of the

final plat, and for all other land shall be included in a separate covenant, easement or

other similar document. The separate document shall be recorded with the County

Auditor within one month of the imposition of the requirement.

1. 4. No clearing, grading, or construction may be undertaken within the Shoreline Buffer

SB native vegetation zone unless specifically provided for in this section or in Section V,Specific Shoreline Use Policies and Regulations except for specific uses and activities as

provided in Sections 4.1.3.8-9 and.10 for specific uses, and the following activities as

prescribed below and pursuant to Section 4.1.4, Land Modification B, Clearing and

Grading may be allowed. Such activities may also require a clearing permit, pursuant to

BIMC Chapter 15.18. as provided for in this section

a. Standard Shoreline Buffer enhancement which includes removal of noxious or

invasive weeds and/or planting native vegetation in accordance with section

xxx, Mitigation Sequencing, is allowed;

a. Approval Required for Minor Vegetation and Tree Removal.

A vegetation clearing and tree removal request shall be submitted in writing to the

City prior to any vegetation or tree alteration or removal within the Standard

Shoreline Buffer. The request shall include the location, number, type and size of

tree(s) and vegetation being removed and the proposed replacement tree(s) and a

riparian vegetation planting plan meeting the standards required in Section

4.1.2.5, Re-Vegetation Standards. The City shall inspect the tree replacement

once installation is complete.

b. Minor Pruning. a.Tree pruning, including thinning of lateral branches to

enhance views, or trimming, shaping, thinning or pruning of a tree necessary

for plant health and growth and which is not intended to harm the health of the

plant, is allowed consistent with the following standards:

i. All pruning shall meet the American National Standards Institute (ANSI)

tree pruning standards;

ii. In no circumstance shall removal of more than one-fourth (1/4) of the

original crown be permitted within a three year period;

iii. Pruning shall not include topping, stripping of branches or creation of an

imbalanced canopy;

i. Pruning shall retain branches that overhang the water, to the maximum

extent feasible.

c. New Construction-related Vegetation Removal. Tree or vegetation removal

associated with either reconstruction of a primary structure (within the samefootprint), or maintenance of existing public facilities including: roads, paths,

bicycle ways, trails, bridges, sewer infrastructure facilities, storm drainage

Comment [R65]: Staff reworded 8-4-11

Comment [R66]: Staff moved to number 2.Shoreline Buffer Reduction

Comment [RE67]: Staff – removed for clarity3/31/11

Comment [l68]: Language added to reflect thatother provisions for residential, commercial and

parks are allowed pursuant to sections 4.1.3.8;4.1.3.9; and 4.1.3.10.

Comment [l69]: Moved to exception section ingeneral regs, page 3.

Comment [l70]: Staff added headings to each ofthe provisions under a through f for easier citing andlocating.

Comment [l71]: Kirkland

Comment [RE72]: Staff – combination of Jefferson & Anacortes 3/31/11




15


facilities, fire hydrants, water meters, pumping stations, street furniture,potable water facilities, and other similar public infrastructure, must meet the

requirements of Section 4.1.2, Environmental Impacts(Mitigation), including

planting native vegetation; except that the following activities are exempt:

i. Removal of vegetative obstructions required for sight distance and visual

clearance at street intersections provided in the Public Works Design and

Construction Standards and Specifications.

ii. Removal of trees pursuant to a Forest Practices Permit (Class II, III and

IV-S only) issued by the Washington State Department of Natural

Resources. Unless otherwise stated, the vegetation conservation

regulations of this Program do not apply to commercial forest practices as

defined by this Program when such activities are covered under the

Washington State Forest Practices Act (RCW 76.09), except where such

activities are associated with a conversion to other uses or other forest

practice activities over which local governments have authority. For the

purposes of this Program, preparatory work associated with the conversion

of land to non-forestry uses and/or developments shall not be considered a

forest practice and shall be reviewed in accordance with the provisions for

the proposed non-forestry use, the general provisions of this Program and

BIMC 16.20, and shall be limited to the minimum necessary to

accommodate an approved use.

d. View Mmaintenance

Shoreline uses or developments shall use all feasible techniques to maximize

retention of existing native shoreline vegetation within the Shoreline Buffer

SB.

i. Limited removal of existing trees or vegetation on the same property as a

single-family residence may be allowed to maintain a pre-existing view

from the primary structure, or establish a view for a new primary structureprovided that the following are met:

1. The applicant demonstrates to the satisfaction of the Administrator

that the tree removal is the minimum necessary to re-establish or

establish a view of the water enjoyed by other residences in the

area and that pruning methods are not sufficient enough to will not

provide an adequate view of the water similar to that enjoyed by

other residences in the areas; and

2. Existing significant native trees are not removed within the

Shoreline Buffer SB Zone 1, except when determined to be a

hazard tree pursuant to section 4.1.3.5(3) of this section; and

3. In no instance shall vegetation removal exceed twenty (20) percent

of the required Shoreline Buffer SB area or fifteen (15) linear feet

of the water frontage, whichever is greater, and the alterations shallnot reduce the vegetation canopy to less than 65% coverage; and

4. The applicant shall obtains an approved Bluff Management Plan

Comment [RE73]: Staff – copied from tree code3/31/11


Comment [LH75]: 8/25/11 Workgroup: Agreedto provided implementing language for Policy #9 toallow limited removal of vegetation for views

pursuant to this policy.

This need work and research. And discussion with

Current Planners

Comment [l76]: Staff added language forclarification.




16


pursuant to Section 4.1.5, for any vegetation alteration in ageologically hazardous area; the cost and preparation of the plan is

the responsibility of the applicant; and

5. All vegetation removal complies with other applicable

requirements of this program (such as clearing and grading, forest

practices, and protection standards for fish and wildlife habitat)

and the no net loss standard for vegetation in Section 4.1.2

Environmental ImpactsNo Net Loss and Mitigation.

ii. The Administrator may deny a request or condition approval for

vegetation alteration proposals for view maintenance if it is determined

that the action will result in an adverse effect to any of the following:

1. Slope stability;

2. Habitat value;

3. Health of surrounding vegetation;

4. Risk of wind damage to surrounding vegetation;

5. Nearby surface or ground water; or

6. Water quality of a nearby water body.

e. Underground Uutilities., where Uutilities they that run approximately

perpendicular to the buffer (for example, a stormwater tightline to the water to

protect a slope or a sewer line to a marina), may be allowed within the

Shoreline Buffer, provided that disturbance is minimized, and the buffer is

revegetated after construction. (See No Net Loss and Mitigation Section

4.1.2, Environmental Impacts, Section 4.1.5, Critical Areas and Section 4.1.6,

Water Quality and Stormwater for additional regulations which may apply);

f. Other Approved Development in the Shoreline Buffer.

i. Potable water wells;

ii. Shoreline stabilization in accordance with Section 6.0; and

iii. Construction of one (1) approved tram, provided this development is

approved pursuant to section 6.1, Shoreline Modifications.

2. Shoreline Buffer Reductions

a. When the prescriptive buffer depth is reduced or altered, the applicant shall

record a Notice on Title, or other similar document subject to the approval of

the Administrator, with the County Auditor prior to permit issuance.

b. If reducing the Shoreline Buffer required depth in accordance with the

Shoreline Setback provisions of Section 4.1.3.6 or other reductions allowed

through this program Zone 1 must be restored in accordance with provisions of section 4.1.2.5 Vegetation Standards.

Comment [M77]: Staff – items allowed in otherbuffers 3/31/11

Comment [l78]: Staff combined last three misc.developments under one new heading for simplicity.

Comment [M79]: Staff – identifying limitationon tram & moved from residential section 3/31/11

Comment [k80]: Staff, inserted “and”. 7/25/11




17


c. For undeveloped lots in which the Shoreline Buffer is predominately comprisedof Zone 1 (making up 75% or more of the Shoreline Buffer), a 25% reduction

to the Shoreline Buffer may be allowed by the Administrator for the

construction of a new primary single family residence provided the following

can be met:i. The lot is not considered a legal non-conforming lot under the provisions

of Section 4.1.2.7, Regulations - Non Conforming; and

ii. The provisions of Section 4.1.3.7, Structure Setback Line are met; and

ii. Mitigation is provided pursuant to Section 4.1.2, Environmental Impacts,

as determined through a site-specific analysis.

4.1.3.9.8 Vegetation Alteration Standards — Residential Development

Minor No clearing, grading, or construction may be allowed undertaken within the Standard

Shoreline Buffer for a residential development with approval of the Administrator pursuant to

Section 4.1.3.8(1)(a), above, and only for except the following activities as prescribed below

and pursuant to Section 4.1.4, Land Modification Clearing and Grading may be allowed:

1. One (1) hand installed pervious path to the shoreline, not more than four (4) feet in width,

which may include hand installed steps, and designed to minimize environmental

impacts, shall be allowed. The path may be wider when required for handicapped or

public access; Staircase design shall follow residential building standards for staircase

construction BIMC 15.04 for:

a. Handrails; and

b. Tread depth and riser height; and

c. When feasible, safety landings.

2. 6.Primary appurtenant structures to a residential single family use and non-habitable

structures, such as a boat house, deck/patio and/or stairway may be allowed consistent

with the following standards, except that all structures are prohibited in Zone 1 upland of an Aquatic Conservancy environment.

a. The total square footage of all buildings or structures must not exceed 400

square feet or 10% of the Shoreline Buffer SB area, whichever is less.b. Only 10% of the total allowed square footage or 300 square feet, whichever is

less, can be located in Zone 1.

c. All structures must be designed to not significantly impact views from

adjacent property primary buildings, pursuant to Section 4.1.3.6 (7), Shoreline

Structure Setback. All structures must meet the following standards:

i. Only water-related structures are allowed in Zone 1, including a

boathouse, permeable deck, boat storage, or staircase;

ii. Buildings shall not exceed 12 feet in height above existing grade;

iii. Stairways shall not exceed 250 square feet. Stairways shall

conform to the standards of the International Residential Building

Code as adopted in BIMC Chapter 15.04. If a larger staircase isrequired to obtain access to the beach, a tram will be required,

unless a staircase design is demonstrated to the satisfaction of the

Comment [l81]: Added section specific toResidential appurtenant structures and buffer regs.7/6/11

Comment [l82]: Staff added language

clarification to each of the three provisions foralterations in Residential, Commercial and Parks.

Comment [M83]: Staff – moved from residentiasection & clarified 3/31/11

Comment [R84]: Discuss slope requirements

Comment [M85]: Staff – moved from residentiasection and modified to better meet policies 3/31/11




18


Administrator to provide greater protection of slope stability andecological function; and

iv. Decks and/or patios shall be permeable and shall not exceed 30

inches in height above existing grade.

4.1.3.109 Vegetation Alteration Standards – Commercial and Industrial Development

Minor No clearing, grading, or construction may be approved undertaken within the ShorelineBuffer SB for a commercial or industrial development with approval of the Administrator

pursuant to Section 4.1.3.78(2)(a) above, and only for except the following activities as

prescribed below and pursuant to Section 4.1.4, Land Modification B, Clearing and Grading may

be allowed:

1. Primary appurtenant structures to a commercial use that either support public access or

are necessary to support a water-dependent use shall be allowed within the buffer when

the applicant has demonstrated a need for the shoreline location, except that all structures

are prohibited in Zone 1 upland of an Aquatic Conservancy environment.

2. When appurtenant structures are allowed they must be the minimum necessary to meet

the needs of the water-dependent use or public access requirements of Section 4.2.4,

Public Access.

4.1.3.1110 Vegetation Alteration Standards – Public Park Development

Minor No clearing, grading, or construction may be allowed undertaken within the Shoreline

Buffer SB for a public park development with approval of the Administrator pursuant to Section

4.1.3.8(2)(a), above, and only for the except as followings:

1. The size and extent of proposed disturbed areas within the Shoreline Buffer SB have been

determined as part of a park development plan or master park plan, with due

consideration of the intended park use; and all proposed disturbance areas meet the no netloss standards pursuant to in accordance with Section 4.1.2. Environmental Impact (No

Net Loss and Mitigation); and appropriate permits are obtained including those pursuant

to Section 4.1.4, Land Modification B, Clearing and Grading;

2. Activities as prescribed below and pursuant to Section 4.1.4, Land Modification B,

Clearing and Grading may be allowed without an approved park development plan or

master park plan:

a. Public pathways to the shoreline shall be allowed within the standard

Shoreline Buffer provided it is demonstrated that tThe size and extent of

public pathways have been determined with due consideration of the

intended park use. Primary appurtenant structures to a public park and

recreation use that either support public access or are necessary to support a

water-dependent recreational use shall be allowed within the buffer when a

need for the shoreline location is demonstrated, except that all structures areprohibited in Zone 1 upland of an Aquatic Conservancy environment. When

appurtenant structures are allowed they must be the minimum necessary to

meet the needs of the water-dependent use or public access requirements of

Comment [l86]: Staff, Added section specific toCommercial structures and buffer regs. 7/6/11

Comment [l87]: Staff, Added section specific toPublic Parks structures and buffer regs. 7/6/11

Comment [LH88]: 8/25/11 Workgroup: Agreedto provide that the Park District can establish SB sitedisturbance specific to a particular park through a

master park plan process; however the park development must also meets standards of the SMPas required by law, including no net loss and limiteddisturbance of required SB.




19


Section 4.2.4, Public Access.

b. The total square footage of all buildings or structures must not exceed 6000square feet or 10% of the Shoreline Buffer SB area, whichever is less.

c. Only 10% of the total allowed square footage or 1000 square feet, whichever

is less, can be located in Zone 1.

d. All structures must be designed to not significantly impact views from

adjacent property primary buildings. All structures must meet the following

standards:

i. Only water-related recreational furniture, amenities and structures

are allowed in Zone 1, including but not limited to, picnic tables,

benches, interpretive kiosks, viewing platforms, boardwalks,

pervious trails or staircases;

ii. Accessory recreation buildings, including restrooms, picnicpavilions and service roads that serve such structures may be

allowed in Zone 2 and buildings shall not exceed 12 feet in height

above existing grade;

iii. Stairways may exceed 250 square feet, provided that it is

demonstrated that a greater area is necessary to meet public access

and public use demands. Stairways shall conform to the standards

of the Building Code as adopted in BIMC Chapter 15.04.

iv. Boat ramps and other boating facilities may be allowed pursuant to

Boating Facilities Section 5.4.

4.1.4. Land Modification Clearing and Grading


All shoreline uses and activities must conform to the clearing and grading provisions herein,

including development which does not require a shoreline permit. (See also Water Quality and

Stormwater Section 4.1.6 for related provisions.)

4.1.4.2 Land Surface Modification Policies

1. Allow alteration of the natural landscape only in association with existing legal uses or

new permitted or allowed shoreline use/or development. Prohibit speculative clearing,

grading, or vegetation removal. Clearing and grading activities should be designed and

conducted to minimize impacts to water quality and wildlife habitat. Sedimentation of

creeks, streams, ponds, lakes, and wetlands and resulting degradation of water quality

should be avoided.

2. Avoid and minimize potential adverse impacts from land surface modification activities

through proper site planning, construction timing practices, and use of erosion anddrainage control methods. Generally, these activities should limit alteration of the natural

landscape to the extent necessary to accommodate the proposed use, or to remove




20


invasive vegetation, and should be designed and located to protect shoreline ecologicalfunctions and ecosystem-wide processes. Clearing and grading should be limited to the

minimum necessary to accommodate permitted shor5leine development.

3. Assure clearing and grading activities are consistent with the Stormwater Manual to

prevent adverse impact to wildlife habitat, streams, lakes, and wetlands from erosion.

Negative environmental impacts associated with clearing and grading should be avoided

wherever possible through proper site planning, construction timing and practices, bank

stabilization, bioengineering and/or use of erosion and drainage control methods as well

as long-term maintenance.

4. For clearing and grading proposals, provide a clearing and grading plan addressing native

species removal, erosion and sedimentation control, and protection of critical areas and

shoreline vegetation conservation and management zones. Use low impact development

techniques to minimize adverse impacts to natural hydrologic conditions, such as soil

compaction and transpiration. Following project completion, remaining disturbed areas

should be promptly replanted.

5. Promptly replant disturbed areas following project completion. Replanting with native

shoreline vegetation should be a priority, however, flexible planting plans that

incorporate non-native plant species which provide similar functions can be considered.

Clearing and grading activities should be designed with the pobjective of maintaining

native vegetation areas.

6. For extensive clearing and grading proposals, a clearing and grading plan addressing

native species removal, erosion and sedimentation control, and protection of sensitive

areas and sensitive area native vegetation zones should be required.

4.1.4.3 Regulations – Prohibited

1. All clearing and/or grading not associated with an approved development is prohibited.Clearing and/or grading within shoreline jurisdiction, shall only be permitted upon

approval of a detailed landscape plan for vegetation, in accordance with mitigation

requirements in requirements in Section 4.1.2, Environmental Impacts and Section 4.1.3,Vegetation Management BIMC Chapter 18.15.

4.1.4.4 Regulations – General

2. Clearing and grading shall be permitted landward of the native vegetation zone when

associated with a permitted shoreline use, provided that upon completion of construction,

remaining cleared areas shall be replanted within the first applicable planting season.

Replanted areas shall be fully reestablished within three (3) years of completion of

construction and shall be properly maintained. established in accordance with Section

4.1.3 (Vegetation Management).

2. Except as provided for in this program, existing native vegetation between the OHWM

and the top of any bank ten (10) feet or higher that is waterward of the development shallbe retained.

3. 3.All vegetation that is intended to be retained but may within the native vegetation zone

Comment [l89]: Moved to new Policy #4.

Comment [M90]: Staff – added to meet policies3/31/11

Comment [M91]: Staff – changed to refer to newrestoration standards 3/31/11

Comment [M92]: Staff – inconsistent withpolicies 3/31/11




21


or other buffer and which is likely to be disturbed by the clearing and grading activityshall be protected by a temporary fence or other marking determined by the City to

adequately protect the vegetation in accordance with the standards of BIMC Chapter

15.18. This also includes root zones of trees which must remain. The temporary

fencing/marking shall be installed and approved by the City before any clearing andgrading begins, and maintained until construction is completed.

4. 4.Land alteration (clearing, grading, filling) shall be limited to the minimum necessary

for development. All land alteration must meet the standards of BIMC Chapter

15.20.Surface drainage systems or substantial earth modifications involving greater than

five hundred (500) cubic yards of material shall be designed by a licensed engineer to

prevent maintenance problems or adverse impacts to shoreline features.

Comment [M93]: Staff – updated to meet betterprotection standards in BIMC 18.15 3/31/11

Comment [M94]: Staff – modified to refer toBIMC 15.20 instead 3/31/11



Section 4.1.2, Environmental Impacts Attachment 2 A

1

Planning Commission, January 12, 2012

4.1.2 Environmental Impacts


All shoreline uses and activities, including development which does not require Shoreline

permit, must conform to these environmental impact provisions.

All shoreline development and activity shall be located, designed, constructed, and

managed in a manner that avoids, minimizes and/or mitigates adverse impacts to the

environment. The preferred mitigation sequence (avoid, minimize, rectify, reduce, or

compensate for the environmental impact) shall follow that listed in WAC 173-26-

201(2)(e), see also definition of “Mitigation” in Section 8.0, Definitions).

In approving shoreline developments, the City shall ensure that shoreline development,

use, and/or activities will result in no net loss of ecological functions necessary to sustain

shoreline resources, including loss that may result from the cumulative impacts of similardevelopments over time to the extent consistent with constitutional and statutory

limitations on the regulation of private property. To this end, the City may require

modifications to the site plan and/or adjust or prescribe project dimensions, intensity of

use, and screening as deemed appropriate. If impacts cannot be avoided through designmodifications, the City shall require mitigation commensurate with the project‟s adverse

impacts.

4.1.2.2 Goal

Minimize impacts shoreline uses and activities have on the environment during all phases

of development (e.g. design, construction, and management).

4.1.2.3 Policies

1. Ensure all shoreline uses, activities and developments are designed and located in a

manner that prevents or mitigates adverse impacts to shoreline ecological function and

ecosystem wide processes, including the use of the avoid, minimize, rectify, reduce,compensate mitigation sequence; and make available flexible alternatives to

accommodate preferred shoreline uses.

2. Ensure, through appropriate monitoring and enforcement measures, that all required

conditions are met, improvements installed, and properly maintained.

3. Promote shoreline uses and activities within critical areas, such as public access on

publicly owned lands, which do not cause significant adverse impacts to ecological

functions and ecosystem-wide processes.

4. In assessing the potential for new uses, activities and developments to cause adverse

impacts, the City should take into account all of the following:

a. Effects on ecological functions and ecosystem processes; and

b. Effects that occur on-site and effects that may occur off-site; and

c. Immediate effects and long-term effects; and

d. Direct effects of the project and indirect effects; and

Comment [k1]: Other applicability sections statewhat the section covers (e.g., Water Quality,Mitigation, etc.)

Comment [RE2]: Staff, Added Anacortes, 4-25-11

Comment [LH3]: Workgroup wanted to considermoving this policy into Public Access (2/16/11)




2


e. Individual effects of the project and the incremental or cumulative effectsresulting from the project added to other past, present, and reasonably

foreseeable future actions; and

f. Compensatory mitigation actions that offset adverse impacts of the

development action and/or use.

5. To provide for comprehensive management strategies for shoreline areas, integrate

planning and regulatory measures, such as those within the comprehensive plan, regional

watershed plans, or state and federal regulations.

4.1.2.4 General Regulations — Impact Analysis and No Net Loss Standard

1. All shoreline use and development, including preferred uses and uses that are exempt

from permit requirements, shall be located, designed, constructed, and maintained in a

manner that protects ecological functions and ecosystem wide processes and avoids,

minimizes and/or mitigates adverse impacts to the environment as determined through a

site specific environmental impact analysis such that all shoreline uses and activities shall

be located, designed and constructed to:

a. Utilize effective erosion and scour control methods during project

construction and operation.

b. Minimize adverse impacts to critical salt water habitat, including fish and

wildlife conservation areas.

c. Minimize interference with beneficial natural shoreline processes such as

water circulation, sand and gravel transport movement, erosion, and accretion.

d. Avoid hazards to public health and safety.

e. Minimize the need for shoreline stabilization measures and flood protection in

the future. A geotechnical analysis may be required to ensure that the

proposed activity meets this regulation. (See Section 6.5 Shoreline

Stabilization)

f. Result in no net loss of ecological functions necessary to sustain shoreline

resources, including loss that may result from the cumulative impacts of

similar developments over time.

2. In reviewing and approving shoreline developments,:

a. The Administrator shall condition the shoreline development, use, and/or

activities such that it will:

i. Result in no net loss of ecological functions necessary to sustain shoreline


similar developments over time; and

ii. If necessary employ measures to mitigate adverse impacts on shorelinefunctions and processes; and

iii. Modify the site plan and/or adjust the project dimensions, intensity of use,

or screening as deemed appropriate by the Administrator to addressimpacts; and if impacts cannot be avoided through design modifications,

Comment [RE4]: Staff, added Anacortes DR6.3.1 modified with existing language. 4-25-11

Comment [RE5]: Staff, Added Anacortes DR6.3.2 4-25-11

Comment [F6]: 5/2 Addition language added;combined with regs ; clarify NNL; mitigationsequencing and break up the ideas and cover all theelements




3


the Administrator shall require mitigation; pursuant to Section 4.1.2.5 and4.1.2.6

b. If a proposed shoreline development, use or activity is determined by the

Administrator to result in significant short term, long term, or cumulative

adverse environmental impacts lacking appropriate mitigation, it shall be

sufficient reason for the Administrator to deny a permit.

3. In order to assure that development activities contribute to meeting the no net loss

provisions by avoiding, minimizing, and mitigating for adverse impacts to ecological

functions or ecosystem-wide processes pursuant to subsection.1, above, an applicant is

required to submit a mitigation plan pursuant to Section 4.1.2.9 which utilizes the

mitigation sequence provided in Section 4.1.2.5(1), below

4. To mitigate anticipated impacts and meet the no net loss standards in subsection 1 and 2

above, an applicant for a residential development may choose to use the Standard

Residential Mitigation Manual, Appendix D, in lieu of a site-specific mitigation plan.

Mitigation requirements shall be included in the project submittal. If an applicant uses the

Standard Residential Mitigation Manual then prescriptive monitoring requirements found

in Table XX (TBD by City) will satisfy the requirements for a project monitoring plan.

4.1.2.5 General Regulations – Re-Vegetation Standards

1. Vegetation replanting is required for all development, uses or activities, including

invasive species removal, which alters existing vegetation whether a permit is required or

not. Minimum requirements for planting plans can be found in the Vegetation

Management Manual.

a. When the disturbed area is less than 120 square feet then applicant must

submit an annotated plant list with plant spacing requirement.

b. When the disturbed area is greater than 120 square feet then the applicant

must submit a planting plan.

c. If the disturbance is greater than 200 square feet the planting plan shall be

completed by a qualified professional.

2. All plantings shall meet provisions in section 4.1.3.6(5) Location and Design StandardShoreline Buffer.

3. If the Shoreline Buffer is altered or reduced the following shall occur in Zone 1:

a. Retain existing native vegetation; and

b. Landscape the entire area excluding allowed alterations in Sections 4.1.3.7& 4.1.3.8

Vegetation Management; and

c. Obtain a 65% native vegetation canopy coverage within 10 years, with planting

material that consists of a mix of native trees and shrubs appropriate to the specific

site conditions as specified in this section.

Comment [RE7]: Staff, add Anacortes 6.3.3. 4-25-11

Comment [R8]: Workgroup, added to clarify thathe Standard Mitigation table will require monitorinand that a prescriptive table may be used. 7-7-11

Comment [F9]:5/2/11New heading mitigation (including mitigationsequencing.

Comment [l10]: Staff added new section toaddress replanting

Comment [l11]: Moved from Vegetation [formeSection 4.1.3.6 (4 & 5)]





4


4. When vegetation mitigation is required for new development, uses, or activities themitigation plan shall include new plantings, protective of views from the primary

structure of the subject property and in proportion to the indentified impact. Mitigation

plantings shall be located in the following order of preference and in accordance with this

section and 4.1.3 Vegetation Management:


excluding allowed alterations in 4.1.3.7 & 4.1.3.8 Vegetation Management, to

obtain a minimum 65% native vegetation canopy coverage within 10 years,

consisting of a mix of native trees, and shrubs, appropriate to the specific site

conditions; as specified in this section.


coverage, to meet standards in section 4.1.3.6(6) in a manner that promotes

contiguous vegetation of areas nearest the shoreline;

c. In the Shoreline Buffer, plant in a manner that promotes a contiguous nativevegetated corridor that connects to the shoreline;

d. Outside of the Shoreline Buffer, plant in a manner that promotes a contiguous

vegetated corridor to the shoreline;

e. Outside of the shoreline buffer; or

f. At an offsite location approved by the Administrator, within Zone 1, plant to

meet the standard of either a. or b, above.

4.1.2.6 Regulations — Mitigation

1. Mitigation Sequence: Mitigation shall include the following actions in order of priority(a-

e);(f) is required for all mitigation activities:

a. Avoiding the impact altogether by not taking a certain action or parts of an

action; which result in a mitigation plan not being required;

b. Minimizing impacts by limiting the degree or magnitude of the action and its

implementation by using appropriate technology or by taking affirmative steps

to avoid or reduce impacts;

c. Rectifying the impact by repairing, rehabilitating, or restoring the affected

environment;

d. Reducing or eliminating the impact over time by preservation and

maintenance operations;

e. Compensating for the impact by replacing, enhancing, or providing substituteresources or environments; and

Monitoring the impact and the compensation projects and taking appropriate

corrective measures.

2. When mitigation is necessary to offset impacts, compensatory mitigation measures in the

immediate vicinity of the impact shall be the preferred mitigation option; property ownersmay be required to perform the balance of compensatory mitigation offsite if the property

cannot support required mitigation or when off-site mitigation can be demonstrated to the

Comment [l13]: Moved from Vegetation[4former 4.1.3.5 (4)]

Comment [LH14]: 8/25/11 Workgroup: Agreedto move to the Mitigation Section; clarify „a.‟;recognize diversity in shoreline vegetationappropriate to specific site conditions does notalways include trees and shrubs.

Comment [R15]: Staff, added language to clarifyentire area must be landscaped. 12/14/11


Comment [RE17]: Staff, added Jefferson CountyArticle 6. 4-25-11

Comment [R18]: Workgroup, moved from list to

emphasize that it is required. 7-6-11

Comment [R19]: Staff, added Anacortes DR6.3.6 modified.

4-25-115/2Keep all compensatory info to




5


satisfaction of the Administrator to be more beneficial to shoreline ecological functions;for example, mitigation off-site may be the better choice if large, cohesive areas are

available off-site while only small fragmented areas are available on-site for mitigation.

3. Mitigation actions shall not have a significant adverse impact on other preferred shoreline

uses promoted by the policies of the Shoreline Management Act.

4. When compensatory mitigation measures are required, all of the following shall apply:

a. The quality and quantity of the replaced, enhanced, or substituted resources

shall be the same or better than the affected resources; and

b. The mitigation site and associated vegetative planting shall be nurtured and

maintained such that healthy native plant communities can grow and mature

over time; and

c. Unless alternative mitigation is being used for single-family residential

development pursuant to Section 4.1.2.4.4, the mitigation shall be informed bypertinent scientific and technical studies, including but not limited to the

Shoreline Inventory and Characterization Report, the Shoreline Restoration

Plan and other background studies prepared in support of this Program; and

the mitigation shall replace the functions as quickly as possible following the

impacts to ensure no net loss; and

d. The mitigation activity shall be monitored and maintained to ensure that it

achieves its intended functions and values, pursuant to Bonding Regulations

Section 4.1.2.6.

5. To encourage shoreline property owners to remove bulkheads and perform otherbeneficial shoreline restoration actions in advance of shoreline development or

redevelopment, the City may give mitigation credit to any beneficial restoration action

that occurred within 10 years of the proposed development/redevelopment activity

provided that:

a. The applicant/property owner declares the intent of the restoration or

enhancement project as mitigation at the time of permit submittal; and

b. The City can confirm via site inspection, photographs, affidavits or other

evidence that the restoration actions have improved shoreline conditions.

6. Where feasible, replacement mitigation shall be required prior to impact and, if

applicable, prior to final inspection and approval of building occupancy.

4.1.2.7 Regulations — Bonding

1. The applicant/property owner shall provide assurances, including for off-site mitigation,

to the satisfaction of the Administrator, that the restoration area will be maintained in

perpetuity. The assurance can be in the form of a notice on title, conservation easement,

or similar mechanism as approved by the City Attorney.

2.

Except for projects undertaken by public entities, performance or maintenance bonds orother security shall be required by the City to assure that work is completed, monitored,

and maintained. The bond/surety shall be refunded to the applicant/proponent upon

completion of the mitigation activity and any required monitoring.

Comment [R20]: Staff, added Jefferson CountyArticle 6. 4-25-11


Comment [R22]: Staff, added Jefferson CountyArticle 6 modified. 4-25-11

Comment [R23]: Workgroup, changed to giveowners more time to use credits.

Comment [F24]: 5/2/11 Check with attorney if we can extend. The time.

Comment [R25]: Staff, Added Anacortes DR6.3.8. 4-25-11

5/2/11 Clarify that this would apply to fee in lieu

Comment [R26]: Staff, Added Jefferson CountyArticle 6 modified. 4-25-11

Comment [R27]: Staff, added Anacortesmodified DR6.3.9 4-25-11




6


4.1.2.8 Regulations — Monitoring

1. When mitigation is required the City shall require periodic monitoring for up to five yearsfrom the date of completed development to ensure the success of required mitigation. The

monitoring period may be extended if the success criteria set forth in the approved

mitigation plan fail to be accomplished, or the approved mitigation plan states a longer

period of monitoring.

2. Monitoring plans shall be forwarded, for review and comment, to state and/or federal

resource agencies and affected Tribes with jurisdiction.

3. When required monitoring plans shall meet the requirements establish in Monitoring

Requirements Appendix B. 16.20.110(C)(e)

4.1.2.9 Submittal Requirements

The Administrator may waive some or all of the following based on specific projectrequirements.

1. In addition to the general submittal requirements for all applications in Section XX, andthe requirements for critical areas reports contained in the shoreline-specific Critical

Areas Regulations found in Appendix B, the mitigation plan shall include the followingunless otherwise waived by the Administrator:

a. An inventory of the existing shoreline environment including the physical,

chemical and biological elements and provide an assessment of their

condition;

b. A description of the project's impacts and their effect on the ecological

functions necessary to support existing and future shoreline resources;

c. An assessment and description of any federal, state, or local special

management recommendations which have been developed for wetlands or

nearshore species or habitats located on the site and their applicability to the

proposal;

d. A description of measures to preserve existing habitats and opportunities to

restore habitats that were degraded prior to the proposed land use activity;

e. Planting plan developed by a qualified professional and soil specifications;

f. A description and evaluation of anticipated effectiveness of proposed

measures which mitigate the impacts of the project to ensure no net loss of

shoreline ecological functions, value and proposed success criteria;

g. A description of proposed management practices which will protect fish and

wildlife habitat both during construction, and after the project site has been

fully developed, including proposed monitoring and maintenance programs;

h. A contingency plan or adaptive management plan if the mitigation fails to

meet established success criteria;

i. Any additional information necessary to determine the impacts of a proposal

and mitigation of the impacts.

Comment [R28]: Staff, Added Anacortes DR6.3.11 4-25-11

5/2/11Monitoring; Who does this. Level should becommensurate with the scale.Provide monitoring plan provisions.

Comment [F29]: 5/2/11Clarify that there are two options in processing

mitigation plan and submittal; if a proposal

Comment [R30]: Workgroup, added to tailorrequirements based on project needs. 7-7-11

Comment [RE31]: Staff, added Anacortes 6.3.54-25-11

Comment [F32]: 5/2/11At end , add a section of waiving these requirementby the Administrator.

Comment [LH33]: 5/2/11 combined with formeriv to reduce redundancy.

Comment [F34]: 5/2/111Moved from vi, above

Comment [F35]: This includes money in reserve

See bonding below




7


j. Mitigation plans and/or critical areas reports shall be forwarded for reviewand comment to the appropriate state and/or federal resource agencies and

affected Tribes.



Section 4.1.2, Environmental Impacts Attachment 2 B

1


4.1.2 C.Applicability Environmental Impacts


All shoreline uses and activities, including development which does not require Shoreline

permit, must conform to these environmental impact provisions.

All shoreline development and activity shall be located, designed, constructed, and

managed in a manner that avoids, minimizes and/or mitigates adverse impacts to the

environment. The preferred mitigation sequence (avoid, minimize, rectify, reduce, or

compensate for the environmental impact) shall follow that listed in WAC 173-26-

201(2)(e), see also definition of ―Mitigation‖ listed in this Master Program, Chapter 12 in

Section 8.0, Definitions).

In approving shoreline developments, the City shall ensure that shoreline development,

use, and/or activities will result in no net loss of ecological functions necessary to sustainshoreline resources, including loss that may result from the cumulative impacts of similar

developments over time to the extent consistent with constitutional and statutory

limitations on the regulation of private property. To this end, the City may require

modifications to the site plan and/or adjust or prescribe project dimensions, intensity of

use, and screening as deemed appropriate. If impacts cannot be avoided through designmodifications, the City shall require mitigation commensurate with the project‘s adverse

impacts.

4.1.2.2 Goal

Minimize impacts shoreline uses and activities have on the environment during all phases

of development (e.g. design, construction, and management).

4.1.2.3 Policies

1. Ensure all shoreline uses, activities and developments are designed and located in a

manner that prevents or mitigates adverse impacts to shoreline ecological function andecosystem wide processes, including the use of the avoid, minimize, rectify, reduce,

compensate mitigation sequence; and make available flexible alternatives to

accommodate preferred shoreline uses.

2. Ensure, through appropriate monitoring and enforcement measures, that all required

conditions are met, improvements installed, and properly maintained.

3. Promote shoreline uses and activities within critical areas, such as public access on

publicly owned lands, which do not cause significant adverse impacts to ecological

functions and ecosystem-wide processes.

4. In assessing the potential for new uses, activities and developments to cause adverse

impacts, the City should take into account all of the following:

a. Effects on ecological functions and ecosystem processes; and

b. Effects that occur on-site and effects that may occur off-site; and

c. Immediate effects and long-term effects; and

Comment [js1]: Staff suggests integrating otherenvironmental sections into an overall environmentaprotection chapter. Sections that could be integratedinto a larger environmental chapter would be :mitigation/bond/monitoring, critical areas, waterquality, flood hazard

Comment [k2]: Other applicability sections statewhat the section covers (e.g., Water Quality,Mitigation, etc.)

Comment [RE3]: Staff, Added Anacortes, 4-25-11

Comment [LH4]: Workgroup wanted to considermoving this policy into Public Access (2/16/11)




2


d. Direct effects of the project and indirect effects; and

e. Individual effects of the project and the incremental or cumulative effectsresulting from the project added to other past, present, and reasonably

foreseeable future actions; and

f. Compensatory mitigation actions that offset adverse impacts of the

development action and/or use.

5. To provide for comprehensive management strategies for shoreline areas, integrate

planning and regulatory measures, such as those within the comprehensive plan, regional

watershed plans, or state and federal regulations.

4.1.2.4 General Regulations — Impact Analysis and No Net Loss Standard

1. All shoreline use and development, including preferred uses and uses that are exempt

from permit requirements, shall be located, designed, constructed, and maintained in a

manner that protects ecological functions and ecosystem wide processes and avoids,minimizes and/or mitigates adverse impacts to the environment as determined through a

site specific mitigation analysis such that all shoreline uses and activities shall be located,

designed and constructed to:

a. Utilize effective erosion and scour control methods during project

construction and operation.,

b. To mMinimize adverse impacts to critical salt water habitat and fish and

wildlife conservation areas, resources including spawning, nesting, rearing

and habitat areas, and migratory routes. fish and wildlife conservation areas.

c. To mMinimize interference with beneficial natural shoreline processes such as

water circulation, sand and gravel transport movement, erosion, and accretion.

d. Avoid hazards to public health and safety.

e. Minimize the need for shoreline stabilization measures and flood protection in

the future. A geotechnical analysis may be required to ensure that the

proposed activity meets this regulation. (See Section 6.5 ShorelineStabilization)

f. Result in no net loss of ecological functions necessary to sustain shoreline

resources, including loss that may result from the cumulative impacts of similar developments over time.

2. In reviewing and approving shoreline developments,:

a. The Administrator shall condition the shoreline development, use, and/or

activities such that it will:

i. Result in no net loss of ecological functions necessary to sustain shoreline


similar developments over time; and

ii. If necessary employ measures to mitigate adverse impacts on shoreline

functions and processes; and

iii. Modify the site plan and/or adjust the project dimensions, intensity of use,

or screening as deemed appropriate by the Administrator to addressimpacts; and if impacts cannot be avoided through design modifications,

Comment [RE5]: Staff, added Anacortes DR6.3.1 modified with existing language. 4-25-11

Comment [F6]: This is redundant as these areincluded These are critical saltwater habitat

Comment [RE7]: Staff, Added Anacortes DR6.3.2 4-25-11

Comment [F8]: 5/2 Addition language added;combined with regs ; clarify NNL; mitigationsequencing and break up the ideas and cover all theelements

Comment [R9]: Staff, Grammar change. 7-7-11

Comment [R10]: Workgroup, added If necessary. 7/6/2011




3


the Administrator shall require mitigation; pursuant to mitigationregulations in Section 4.1.2.5 and 4.1.2.6

b. Provided that If a proposed shoreline development, use or activity is

determined by the Administrator to result in significant short term, long term,

or cumulative adverse environmental impacts lacking appropriate mitigation,

it shall be sufficient reason for the Administrator to permit denial deny a

permit.

3. In order to assure that development activities contribute to meeting the no net loss

provisions by avoiding, minimizing, and mitigating for adverse impacts to ecological

functions or ecosystem-wide processes pursuant to subsection1, above, an applicant is

required to submit a mitigation plan pursuant to Section 4.1.2.9 which utilizes the

mitigation sequence provided in Section 4.1.2.5(1), below.

4. 3.To mitigate anticipated impacts and meet the no net loss standards in subsection 1 and 2

above, an applicant for a residential development may choose to use the Standard

Residential Mitigation Table, Appendix D, in lieu of a site-specific mitigation plan.

Mitigation requirements of the table shall be included in the project submittal. If an

applicant uses the Standard Residential Mitigation Table, prescriptive monitoring

requirements found in Table XX (TBD by City) will satisfy the requirements for a project

monitoring plan.

10. Herbicides and pesticides shall not be allowed to directly enter water bodies or wetlands

unless approved for such use by the appropriate agencies (Washington State Department

of Agriculture or Washington State Department of Ecology, U.S. Department of

Agriculture, Environmental Protection Agency)

4.1.2.5 General Regulations – Re-Vegetation Standards

1. Vegetation replanting is required for all development, uses or activities, including

invasive species removal, which alters existing vegetation whether a permit is required or not.

Minimum requirements for planting plans can be found in the Vegetation Management

Manual.

a. When the disturbed area is less than 120 square feet then applicant must

submit an annotated plant list with plant spacing requirement.b. When the disturbed area is greater than 120 square feet then the applicant

must submit a planting plan.

c. If the disturbance is greater than 200 square feet the planting plan shall be

completed by a qualified professional.

2. All new plantings shall meet provisions in section 4.1.3.6(5) Location and Design

Standard Shoreline Buffer.

3. If the Shoreline Buffer is altered or reduced the following shall occur in Zone 1:

a. Retain existing native vegetation; and

b. Landscape the entire area excluding allowed alterations in Sections 4.1.3.7 & 4.1.3.8

Vegetation Management; and

c. Obtain a 65% native vegetation canopy coverage within 10 years, with plantingmaterial that consists of a mix of native trees and shrubs appropriate to the specific

site conditions as specified in this section.

Comment [RE11]: Alternate language, Uses anddevelopments that cause a net loss of ecologicalfunctions and processes shall be prohibited. Any useor development that causes the future ecologicalcondition to become worse than current conditionshall be prohibited

Comment [RE12]: Staff, add Anacortes 6.3.3. 425-11

Comment [F13]: Identified – pre-identifiedsignificant cumulative impacts (shore, long term andcumulative impacts

Comment [R14]: Workgroup, added to clarifythat the Standard Mitigation table will requiremonitoring and that a prescriptive table may be used7-7-11

Comment [F15]: Move to Water Quality

Comment [F16]:5/2/11New heading mitigation (including mitigation

sequencing.

Comment [l17]: Staff added new section to

address replanting

Comment [l18]: Moved from Vegetation [formeSection 4.1.3.6 (4 & 5)]





4


4. When vegetation mitigation is required for new development, uses, or activities, themitigation plan shall include new plantings, protective of views from the primary

structure of the subject property and in proportion to the indentified impact. in the

following order of preference and in accordance with Section 4.1.3. Mitigation plantings

shall be located in the following order of preference and in accordance with this sectionand 4.1.3 Vegetation Management the following areas:


provide plantings that are designed to obtain achieve, over time, a excluding

allowed alterations in 4.1.3.7& 4.1.3.8 Vegetation Management, to obtain a

minimum 65% native vegetation canopy coverage within 10 years, consisting

of a mix of native trees, and shrubs and groundcover, appropriate to the

specific site conditions; as specified in this section.65% site-appropriate native

vegetation coverage within 10 years in the area being planted.


coverage, to meet standards in section 4.1.3.6(6)with a mix of site-appropriate

native vegetation in a manner that promotes contiguous vegetation of areas

nearest the shoreline;

c. In the Shoreline Buffer, planted in a manner that promotes a contiguous native

vegetated corridor that connectsing to the shoreline;

d. Outside of the Shoreline Buffer, planted in a manner that promotes a

contiguous vegetated corridor to the shoreline;

e. Outside of the Shoreline Buffer; or

f. At an offsite location approved by the Administrator, within Zone 1, planted

to meet the standard of either a. orand b, above.

4.1.2.6 Regulations — Mitigation Regulations

1.

Mitigation Sequence: Mitigation shall include the following actions in order of priority(a-e);(f) is required for all mitigation activities:

a. Avoiding the impact altogether by not taking a certain action or parts of an

action resulting in no required mitigation plan;which result in a mitigation

plan not being required;

b. Minimizing impacts by limiting the degree or magnitude of the action and its

implementation by using appropriate technology or by taking affirmative steps

to avoid or reduce impacts;

c. Rectifying the impact by repairing, rehabilitating, or restoring the affected

environment;

d. Reducing or eliminating the impact over time by preservation and

maintenance operations;

e. Compensating for the impact by replacing, enhancing, or providing substitute

resources or environments; and

Comment [l20]: Moved from Vegetation[4former 4.1.3.5 (4)]

Comment [LH21]: 8/25/11 Workgroup: Agreedto move to the Mitigation Section; clarify ‗a.‘;recognize diversity in shoreline vegetationappropriate to specific site conditions does notalways include trees and shrubs.

Comment [R22]: Staff, added language to clarifyzone 1 is 100% native vegetation. 12/14/11


Comment [R24]: Staff, clarified language andreference section. 12/14/2011


Comment [l26]: Section renumbered from

4.1.2.5

Comment [R27]: Staff, added to emphasize thatmonitoring is important and required.

Comment [RE28]: Staff, added Jefferson CountyArticle 6. 4-25-11




5


Monitoring the impact and the compensation projects and taking appropriatecorrective measures.

2. When mitigation is necessary to offset impacts, compensatory mitigation measures in the

immediate vicinity of the impact shall be the preferred mitigation option; property owners

may be required to perform the balance of compensatory mitigation offsite if the property

cannot support required additional mitigation or when off-site mitigation can be

demonstrated to the satisfaction of the Administrator to be more beneficial to shoreline

ecological functions; for example, mitigation off-site may be the better choice if large,

cohesive areas are available off-site while only small fragmented areas are available on-

site for mitigation.

3. Mitigation actions shall not have a significant adverse impact on other preferred shoreline

uses promoted fostered by the policies of the Shoreline Management Act.

4. When compensatory mitigation measures are required, all of the following shall apply:

a. The quality and quantity of the replaced, enhanced, or substituted resources

shall be the same or better than the affected resources; and

b. The mitigation site and associated vegetative planting shall be nurtured and

maintained such that healthy native plant communities can grow and mature

over time; and

c. Unless alternative mitigation is being used for single-family residential

development pursuant to Section 4.1.2.4.4, the mitigation shall be informed by

pertinent scientific and technical studies, including but not limited to the

Shoreline Inventory and Characterization Report, the Shoreline RestorationPlan and other background studies prepared in support of this Program; and

the mitigation shall replace the functions as quickly as possible following the

impacts to ensure no net loss; and

d. The mitigation activity shall be monitored and maintained to ensure that it

achieves its intended functions and values, pursuant to Bonding RegulationsSection 4.1.2.6.

5. To encourage shoreline property owners to remove bulkheads and perform other

beneficial shoreline restoration actions in advance of shoreline development or

redevelopment, the City may give mitigation credit to any beneficial restoration action

that occurred within 5 10 years of the proposed development/redevelopment activity

provided that:

a. The applicant/property owner can declares the intent of the restoration or

enhancement project as mitigation at the time of permit submittal; and

b. The City can confirm via site inspection, photographs, affidavits or other

evidence that the restoration actions have improved shoreline conditions.

6. Where feasible, replacement mitigation shall be required prior to impact and, if

applicable at a minimum, prior to final inspection and approval of building occupancy.

Comment [R29]: Workgroup, moved from list toemphasize that it is required. 7-6-11

Comment [R30]: Staff, added Anacortes DR6.3.6 modified.4-25-115/2

Keep all compensatory info to


Comment [R32]: Staff, added Jefferson County

Article 6. 4-25-11

Comment [R33]: Staff, added Jefferson CountyArticle 6 modified. 4-25-11

Comment [R34]: Workgroup, changed to giveowners more time to use credits.

Comment [F35]: 5/2/11 Check with attorney if we can extend. The time.

Comment [R36]: Staff, Added Anacortes DR6.3.8. 4-25-11

5/2/11 Clarify that this would apply to fee in lieu




6



Bonding Regulations

1. The applicant/property owner shall provide assurances, including for off-site mitigation,

to the satisfaction of the Administrator, that the restoration area will be maintained in

perpetuity. The assurance can be in the form of a notice on title, conservation easement,

or similar mechanism as approved by the City Attorney.

2. Except for projects undertaken by public entities, performance or maintenance bonds or

other security shall be required by the City to assure that work is completed, monitored,

and maintained. The bond/surety shall be refunded to the applicant/proponent upon

completion of the mitigation activity and any required monitoring.

4.1.2.8 Regulations — Monitoring Regulations

1. When mitigation is required As a condition of approval, the City shall require periodic

monitoring for up to five years from the date of completed development to ensure the

success of required mitigation. The monitoring period may be extended if the success

criteria set forth in the approved mitigation plan fail to be accomplished, or the approved

mitigation plan states has a longer period of monitoring horizon.

2. Monitoring plans shall be forwarded, for review and comment, to state and/or federal

resource agencies and affected Tribes with jurisdiction.

3. When required monitoring plans shall meet the requirements establish in Monitoring

Requirements Appendix B. 16.20.110(C)(e)

Regulations

1. The location, design, construction, and management of all shoreline uses and activities

shall protect the quality and quantity of surface and ground water within and adjacent to

the site and shall adhere to the guidelines, policies, standards, and regulations of applicable water quality management programs and regulatory agencies, including BIMC

Chapter 15.20 Surface and Stormwater Management.

2. Solid waste, liquid waste, and untreated effluent (i.e., discharge from a source containing

pollutants) shall not be allowed to be discharged onto land or enter any water bodies or to

be discharged onto land. If there is evidence of discharge, the activity shall be suspended

until the deficiency has been satisfactorily corrected, as required by state and federal

Clean Water Acts.

3. The release of oil, chemicals, or other hazardous materials onto or into the water is

prohibited. Equipment for the transportation, storage, handling, or application of such

materials shall be maintained in a safe and leak-proof condition. If there is evidence of

leakage, the further use of such equipment shall be suspended until the deficiency has

been satisfactorily corrected.

4. All shoreline uses and activities shall utilize effective measures to minimize any increase

in surface water runoff and to control, treat, and release surface water runoff so that the

water quality of receiving waters quality is not degraded and shore properties and

features are not adversely affected by the quantity of stormwater runoff. Such measures

Comment [l37]: Renumbered from 4.1.2.6

Comment [R38]: Staff, Added Jefferson CountyArticle 6 modified. 4-25-11

Comment [R39]: Staff, added Anacortesmodified DR6.3.9 4-25-11

Comment [R40]: Staff, Added Anacortes

DR6.3.10 4-25-11

Comment [R41]: Staff, Added Anacortes DR6.3.11 4-25-11

5/2/11Monitoring; Who does this. Level should becommensurate with the scale.Provide monitoring plan provisions.

Comment [js42]: Staff, Moved to Water QualitySection. 4-25-11







7


may include, but are not limited to, dikes, catch basins, or settling ponds, installation andrequired maintenance of oil/water separators, grassy swales, interceptor drains, T-

spreaders, and landscaped buffers.

5. All shoreline uses and activities shall utilize effective erosion and scour control methods

during project construction and operation.

6. All shoreline uses and activities shall be located, designed, constructed, and managed to

minimize adverse impacts to fish and wildlife resources including spawning, nesting,

rearing and habitat areas, and migratory routes.

7. All shoreline uses and activities shall be located, designed, constructed, and managed to

minimize interference with beneficial natural shoreline processes such as water

circulation, sand and gravel transport movement, erosion, and accretion.

8. The location, design, construction, and management of shoreline uses and activities shall

minimize adverse impacts to surrounding land and water uses.

9. The location, design, construction and management of shoreline uses and activities shall

avoid hazards to public health and safety.

10. All shoreline uses and activities shall be located and designed to minimize the need for

shoreline stabilization measures and flood protection in the future. A geotechnical

analysis may be required to ensure that the proposed activity meets this regulation (See

Section VI, Shoreline Modification Activity Policies and Regulations.)

11. Herbicides and pesticides shall not be allowed to directly enter water bodies or wetlands

unless approved for such use by the appropriate agencies (Washington State Department

of Agriculture or Washington State Department of Ecology, U.S. Department of Agriculture, Environmental Protection Agency).

12. All materials that may come in contact with water shall be composed of non-toxic

materials, such as wood, concrete, approved plastic composites or steel, that will not

adversely affect water quality or aquatic plants or animals. Materials used for decking orother structural components shall be approved by applicable state agencies for contact

with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood

treated with creosote, copper chromium arsenate or pentachlorophenol is prohibited in

shoreline water bodies.

12. See Environmentally Sensitive Areas in the next subsection for additional provisions

which may apply.

4.1.2.9 Submittal Requirements

The Administrator may waive some or all of the following based on specific project

requirements.

1. In addition to the general submittal requirements for all applications in Section XX, and

the requirements for critical areas reports contained in the shoreline-specific Critical

Areas Regulations found in Appendix B, the mitigation plan shall address include the

following unless otherwise waived by the Administrator:


Comment [js47]: Staff, moved to regulation #1above.

Comment [js48]: Staff, moved to regulation #1above. 4-25-11


Comment [R50]: Staff, Deleted intent covered innew Regulation #1 above. 4-25-11

Comment [LH51]: Moved to new regulation#1.iv.


Comment [js53]: Staff, moved to Regulationabove. 4-25-11

Comment [k54]: Staff, Moved to Water QualitySection. 4-25-11Staff Added Jefferson County 3-24-

11

Comment [R55]: Staff, Deleted intent to becovered in Applicability section. 4-25-11

Comment [F56]: 5/2/11Clarify that there are two options in processingmitigation plan and submittal; if a proposal

Comment [R57]: Workgroup, added to tailorrequirements based on project needs. 7-7-11

Comment [RE58]: Staff, added Anacortes 6.3.5

4-25-11

Comment [F59]: 5/2/11At end , add a section of waiving these requirementby the Administrator.




8


a. An inventory of the existing shoreline environment including the physical,chemical and biological elements and provide an assessment of their

condition;

b. A description of the project's impacts and their effect on the ecological

functions necessary to support existing and future shoreline resources;

c. An assessment and description of any federal, state, or local special

management recommendations which have been developed for wetlands or

nearshore species or habitats located on the site and their applicability to the

proposal;

d. A description of measures to preserve existing habitats and opportunities to

restore habitats that were degraded prior to the proposed land use activity;

e. Planting and soil specifications;

f. A description and evaluation of anticipated effectiveness of proposedmeasures which mitigate the impacts of the project to ensure no net loss of

shoreline ecological functions, value and proposed success criteria;

g. A description of proposed management practices which will protect fish and

wildlife habitat both during construction, and after the project site has been

fully developed, including proposed monitoring and maintenance programs;

h. A contingency plan or adaptive management plan if the mitigation fails tomeet established success criteria;

i. Any additional information necessary to determine the impacts of a proposal

and mitigation of the impacts.

j. Mitigation plans and/or critical areas reports shall be forwarded for review

and comment to the appropriate state and/or federal resource agencies and

affected Tribes.

Comment [LH60]: 5/2/11 combined with formeriv to reduce redundancy.

Comment [F61]: 5/2/111Moved from vi, above

Comment [F62]: This includes money in reserveSee bonding below



Section 4.3, Nonconforming Development Attachment 3 A

1


4.3 Nonconforming Development

4.3.1 Applicability

This section applies to shoreline uses and/or structures which were lawfully established

or constructed prior to the effective date of the initial adoption of the Master Program(November 26, 1996) or its amendments, but which do not conform to present regulations

or standards of the Master Program.

4.3.2 Goal: It is the purpose of this program to recognize legally established primary single family

residential structures, and to allow them to be maintained and repaired. Residential

structures which do not conform to this program should, over time as the owner proposes

changes to the structure, conform as completely as possible to this program, with due

regard to unique site conditions and property rightsIt is further the purpose of this program to ultimately, over time, have uses and

commercial structures conform to the provisions of this program. Over time, uses and

commercial structures that do not conform to the standards of this program should be

phased out as uses cease or structures or redeveloped occurs.

Note: Existing residential structures that do not conform to this program are not required

to meet its requirements, unless the owner proposes changes to a structure.

4.3.3 Policies

1. Lawfully constructed residential structures shall be allowed to be repaired, maintained,

expanded, or remodeled provided that the expansion does not increase the

nonconformity.

2. 1.Lawfully constructed structures, established uses, public facilities, transportation

structures, and/or lots of record located within the shoreline jurisdiction prior to theeffective date of the Master Program but which do not conform to the present policies,

regulations or standards, shall be allowed to continue.

3. Nonconforming structures may be expanded or remodeled, provided that the expansion or

remodel does not increase the nonconformity and meets the goal of no net loss of

ecological function.

4. Once discontinued, restrict the re-establishment of nonconforming uses located in the

shoreline jurisdiction.

5. Legally established nonconforming commercial structures which are located in the

shoreline jurisdiction are to be phased out over time. Depending on the extent and

intensity of the nonconformity, a primary residential structure and primary appurtenance,

may be allowed certain alteration or expansion, provided that adverse impacts to

shoreline ecological functions and shoreline processes are mitigated or restored.

6. Legally established non-conforming structures that are destroyed by fire, explosion,

flood, or other casualty may be restored or replaced without increasing or expanding the

Comment [l1]: Goal changes recommended bystaff to reflect intent of policies (Policy #5) to treatSFR nonconforming slightly different in regulations6/7/2011

Comment [LH2]: Does Planning Commissionwish to consider alternative language for the overallgoal?

Comment [R3]: Workgroup, Added as its ownpolicy from the original policy #1. 7-5-11




2


non-conformity, and are encouraged to decrease non-conformity. Legally establishedoverwater structures that are destroyed may be reconstructed to the same size, but the

configuration may be altered to reduce the impact to the shoreline environment provided

the size of the nonconformity is not increased. Such redevelopments may be permitted

provided that impacts to shoreline functions and processes are mitigated or restored, andthe reconstruction application is submitted within two years of the date of the destruction.

7. Provisions for reconstruction of a damaged legally established non-conforming

residential house shall allow certain expansions of the non-conforming structure when it

can be demonstrated that the expansion will not result in adverse impacts to shoreline

ecological functions and shoreline processes are mitigated or restored.

8. Legally created nonconforming lots of record may be developed provided that adverse

impacts to shoreline ecological functions and shoreline processes are mitigated or

restored.

9. Redevelopment of non-conforming public rights-of-way and associated transportationstructures may be permitted for purposes of facilitating essential public access,

development of public trails and/or public shoreline access.

4.3.4 Regulations – General

1. Nonconforming uses, buildings, structures, and/or developments which were lawfully

constructed or existed prior to the effective date of initial adoption of this Program

(November 26, 1996), or its amendments, but which do not meet the specific standards of

this Program, may be continued subject to the provisions of this section; provided that,

shoreline modifications shall conform to Shoreline Modification Section 6.1 andShoreline Stabilization Section 6.2.

2. A complete application for any Reconstruction under this section paragraph must be

submitted within two (2) years of the date of damage or removal, and upon approval of

the application, redevelopment must be completed within one (1) year of thecommencement of reconstruction. A one (1) year extension six months, may be granted,

provided that a written request is submitted no later than twenty-one (21) days prior to

either deadline and provided that the owner is not responsible for the delay.

3. An existing use designated as a conditional use that lawfully existed prior to the adoption

of the Program or the adoption of an applicable amendment hereto and which has not

obtained a conditional use permit, shall be considered a legal nonconforming use and

may be continued subject to the provisions of this section without obtaining a conditional

use permit.

4. A structure for which a variance has been issued but which does not comply with

applicable requirements of this Program as amended shall be considered a legal

nonconforming structure and the requirements of this section shall apply.

5. Any permitted remodel or expansion shall not cause adverse impacts to shoreline

ecological functions and/or processes.

4.3.5 Regulations – Nonconforming Uses

Comment [l4]: 10/20/11 - Planning Commissionapproved modification.

Comment [LH5]: This is changed to reflect therecommendation to “submit application “ within 2years. 10/13/2011.

Comment [l6]: Staff added citations.

Comment [l7]: Staff retained this to clarify thatthe 1 year applies to the reconstruction, not the

application. This section was broken into twosentences .




3


1. Nonconforming uses shall not be altered or expanded in any way that increases thenonconformity.

2. If a nonconforming use is discontinued for twelve (12) consecutive months, any

subsequent use shall be conforming.

3. A nonconforming use cannot be changed to another nonconforming use.

4. Change of ownership, tenancy, or management of a nonconforming use shall not affect

its nonconforming status; provided, all items above are met.

4.3.6 Regulations – Nonconforming Structures

1. Nonconforming structures shall not be altered or expanded except as provided in this

section, or through a variance, or if being brought into conformance with this Program

and the Shoreline Management Act.

2. Nonconforming structures may be maintained, repaired, renovated, or remodeled to theextent that nonconformance with the standards and regulations of this Program is not

increased, except as otherwise provided in this section or the structure is brought into

conformance with this Program; provided that as a conditional use, a nonconforming

dock may be modified, reoriented or altered within the same general location to be more

consistent with the provisions of this Program.

3. Nonconforming Structures - Commercial

a. Nonconforming commercial structures shall not be altered or expanded in any

way that increases the nonconformity without first obtaining a variance.

b. Nonconforming commercial structures and buildings destroyed by fire,

explosion, earthquake, flooding or other casualty, may be reconstructed to the

configuration existing prior to the catastrophic event, including building

height and footprint of the structure.

i. This provision shall not apply to structures that are destroyed due to acriminal act initiated by the property owner.

c. The replacement structure shall not warrant new shoreline armoring for the

life of the new structure.

d. Reconstruction of commercial structures and buildings intentionally

demolished or destroyed in any other manner than described in subsection b.

above, shall be brought into conformance with all standards of the Program.

4. Nonconforming Structures - Residential Single Family: Primary Structure.

a. If a nonconforming primary residential structure is damaged or destroyed by

fire, explosion, earthquake, flooding or other casualty, it may be reconstructed

to the configuration existing immediately prior to the catastrophic event,

including building height and footprint of the structure.

i. This provision shall not apply to structures that are destroyed due to acriminal act initiated by the property owner; and

Comment [LH8]: Staff, Modeled after Whatcom23.50.07.D.Implements Policy #1 & #3 5/2011




4


ii. The replacement structure shall not warrant new shoreline armoring forthe life of the new structure; and

iii. The remodel or expansion shall not cause additional adverse impacts to

shoreline ecological functions and/or processes.

b. If a portion or all of a nonconforming primary residential structure is

intentionally demolished, it may be reconstructed under the following

conditions.

i. A nonconforming primary residential structure may be reconstructed to

the same configuration as existed prior to the demolition, including

building height and footprint of the structure, and provided that mitigation

provisions of Section 4.1.2 are met, including the mitigation of the

shoreline buffer as detailed in Section 4.1.2.7.

ii. A nonconforming primary residential may be reconstructed and the

building footprint may be expanded and/or the height increased to the

extent allowed by this Program, if:

1. The enlargement or expansion of the footprint size, including any

new impervious surfaces located within the Shoreline Buffer, does

not exceed 25%; the expansion is located landward of the existing

or original building footprint; and any vertical expansion meets

height requirements of this program and located within the existing

building footprint; and

2. Existing demolished foundation and/or impervious surfaces located

within the Shoreline Buffer shall be removed; and

3. Mitigation of the shoreline buffer is be provided in accordance

with Section 4.1.2; and

4. The remodel or expansion shall not cause adverse impacts to

shoreline ecological functions and/or processes; and

5. All other applicable standards and provisions of the Bainbridge

Island Municipal Code are met.

c. Permitted expansion of a nonconforming structure shall not obstruct the

existing views of the water from primary waterfront residences or public

rights-of-way to any greater degree than a fully conforming structure.

d. Increases in structure footprint outside of the shoreline buffer shall be

allowed, even if all or a portion of the previously approved footprint is within

the shoreline buffer. In such case, such addition or enlargement shall be

treated as a separate building or structure in determining conformity to all of

the requirements of this Program.

e. The vegetation requirements of Sections 4.1.3.5 and 4.1.3.6 and Sections

4.1.2, Environmental Impacts must conform as much as is feasible, based on

available land area, in either of the following situations:

i. An increase of at least 10 percent in gross floor area of any structure

located in shorelines jurisdiction, excluding detached dwelling unit and

public park uses; or

Comment [tcr9]: SMP DEV 7-5-11


Comment [LH11]: 10/20/11 – PlanningCommission approved expansion of existingdevelopment with mitigation and provided it waslandward of the existing building footprint and allother code section s are met.




5


ii. An alteration to any structure(s) in shorelines jurisdiction, the cost of which exceeds 50 percent of the replacement cost of all structures on the

subject property.

5. Nonconforming Structures – Multifamily Residential: Primary Structure





i. This provision shall not apply to structures that are destroyed due to a

criminal act involving the property owner; and

ii. The replacement structure shall not warrant new shoreline armoring for

the life of the new structure; and

iii. The remodel or expansion shall not cause adverse impacts to shoreline


b. If a portion or all of a nonconforming primary multifamily residential

structure is intentionally demolished, it may be reconstructed under the

following conditions:



building height and footprint of the structure, if public access and

mitigation of the shoreline buffer is provided as detailed in Section 4.1.2.

6. Nonconforming Structures - Residential Single Family: Accessory Structures

a. Expansion of nonconforming accessory structures is prohibited and shall not

be altered or expanded in any way that increases the nonconformity without

first obtaining a variance.

b.

Essential Single Family Residential Accessory Structures. If a nonconformingaccessory structure that is essential to for a single family residential

development is damaged or destroyed by natural causes or casualty, or

purposely destroyed or demolished, it may be reconstructed to the same size,

location or configuration if mitigation of the shoreline buffer is provided as

detailed in Section 4.1.2.5, Vegetation Standards.

4.3.7 Regulations – Nonconforming Lots

1. New single family development on any legal nonconforming lot located in shoreline

jurisdiction, which is not subject to landslide hazard areas, may be allowed to develop

without a shoreline variance when all of the following criteria are met: a. Non-conforming lots with a building area of 2,500 square feet or more

available for a single family residence and normal appurtenances and

unrestricted by buffers from shorelines or critical areas shall comply with the

provisions of this Program. The building area means the entire area that willbe disturbed to construct the home, normal appurtenances (except

drainfields), and landscaping; and

Comment [LH12]: 10/20/11 – PlanningCommission approved alternative language thatallows primary SFR accessory structures to bereconstructed, provided mitigation of buffer isprovided. 10/13/2011. 6.c would then be eliminated.




6


b. Non-conforming lots that do not meet the requirement of subsection 1.a aboveshall provide the maximum buffer dimension feasible while providing for a

building area of not more than 2,500 square feet on the portion of the lot

farthest from the required buffer; provided that consideration shall be given to

view impacts and all single family residences approved under this sectionshall not extend waterward of the shoreline view setback as measured in

accordance with Section 4.1.3.6.8; and

c. The area between the structure and the shoreline and/or critical area shall

comply with the vegetation conservation standards of Section 4.1.3;and

d. Development may not take place waterward of the ordinary high water mark;

and

e. Facilities such as a conventional drainfield system may be allowed outside of

the building area specified above, and within buffer areas, except wetlands

buffers and not closer than 75ft to OHWM; provided that the drainfields shallbe subject to regulations of Section 4.1.5, Critical Areas.

4.3.8 Nonconforming Public Facilities & Transportation

1. Nonconforming Public facilities shall be allowed to continue and to be repaired,

maintained, or remodeled.

2. Redevelopment of nonconforming public rights-of-way and associated transportation

structures may be permitted for purposes of facilitating essential public access,

development of public trails, and/ or public shoreline access, provided that, suchredevelopment shall be otherwise consistent with the provisions of this Program,

including but not limited to the provisions for public access and no net loss of shoreline

ecological functions and processes.

Essential Single Family Residential Accessory Structure – An accessory structure that

contains a use or is intended for a use that is essential to a single family residential primary use.

The following structures shall be considered an essential residential structure: one garage or

carport, one septic tank and installed on-site septic drainfield, one well house and associated well

head, or one deck that serves as necessary access to the primary structure.



Section 4.3, Nonconforming Development Attachment 3 B

1


4.3 Section III. L. Nonconforming Development

4.3.1 Applicability

This section applies to shoreline uses and/or structures which were lawfully established

or constructed or established prior to the effective date of the initial adoption of theMaster Program (November 26, 1996) or its amendments, but which do not conform to

present regulations or standards of the Master Program or the policies of the ShorelineManagement Act.

4.3.2 Goal: It is the purpose of this program to recognize legally established primary single family

residential structures, and to allow them to be maintained and repaired. Residential

structures which do not conform to this program should, over time as the owner proposeschanges to the structure, conform as completely as possible to this program, with due

regard to unique site conditions and property rights

It is further the purpose of this program to ultimately, over time, have structures and uses

and commercial structures conform to the provisions of this program. Over time, uses and

commercial structures that do not conform to the standards of this program should be

eventually phased out as uses cease or structures or redeveloped occurs. Residential

structures which do not conform to this Program should, over time, conform be brought

into conformity as completely as possible to this Program, with due regard to unique site

conditions and property rights.

Note: Existing residential structures that do not conform to this program are not required

to meet its requirements, unless the owner proposes changes to a structure.

4.3.3 Policies

1. Lawfully constructed residential structures shall be allowed to be repaired, maintained,

expanded, or remodeled provided that the expansion does not increase the

nonconformity.

2. 1.Lawfully constructed structures, established uses, public facilities, transportation

structures, and/or lots of record located within the shoreline jurisdiction prior to the

effective date of the Master Program but which do not conform to the present policies,

regulations or standards, shall be allowed to continue. and to be repaired, maintained, or

remodeled, provided that the structure remains otherwise lawful.

3. 2.Nonconforming structures may be expanded or remodeled, provided that the expansion

or remodel does not increase the nonconformity and meets the goal of no net loss of

ecological function.

4. 3.Once discontinued, restrict the re-establishment of nonconforming uses located in theshoreline jurisdiction.

5. 4Legally established nonconforming commercial structures which are located in the

Comment [l1]: Modified 10/7/2011

Comment [tcr2]: SMP DEV 7-5-11 addedamendments

Comment [l3]: Goal changes recommended bystaff to reflect intent of policies (Policy #5) to treatSFR nonconforming slightly different in regulations6/7/2011

Comment [LH4]: Does Planning Commissionwish to consider alternative language for the overallgoal?

Comment [R5]: Workgroup, Added as its own

policy from the original policy #1. 7-5-11


Comment [RE7]: Workgroup discussed staff recommend changes. These changes were based on

comments received during the public commentperiod to reflect workgroup intent as previouslydiscussed. 06/07/11




2


shoreline jurisdiction are intended to be phased out over time., however, dDepending onthe extent and intensity of the nonconformity, nonconforming development including a

primary residential structure and primary appurtenance, may be allowed certain changes,

alteration and or expansion,s may be allowed provided that adverse impacts to shoreline


6. 5Legally established non-conforming structures that are destroyed by fire, explosion,

flood, or other casualty may be restored or replaced without increasing or expanding the

non-conformity, and are encouraged to decrease non-conformity. Legally established

overwater structures that are destroyed may be reconstructed to the same size, but the

configuration may be altered to reduce the impact to the shoreline environment provided

the size of the nonconformity is not increased. Such redevelopments may be permitted

provided that impacts to shoreline functions and processes are mitigated or restored, and

the reconstruction application is submitted commenced within two years of the date of

the destruction.

7. 6Provisions for reconstruction of a damaged legally established non-conforming

residential house shall allow certain expansions of the non-conforming structure when it

can be demonstrated that the expansion will not result in adverse impacts to shoreline


8. 7.Legally created nonconforming lots of record may be developed provided that adverse

impacts to shoreline ecological functions and shoreline processes are mitigated or

restored.

9. 8.Redevelopment of non-conforming public rights-of-way and associated transportation


development of public trails and/or public shoreline access.

4.3.4 Regulations – General

1. Nonconforming uses, buildings, structures, and/or developments which were lawfullyconstructed or existed prior to the effective date of initial adoption of this Program

(November 26, 1996), or its amendments, but which do not meet the specific standards of

this Program, may be continued subject to the provisions of this section; provided that,

shoreline modifications shall conform to Shoreline Modification Section 6.1 and

Shoreline Stabilization Section 6.2. provided that they shall meet the following

provisions:

2. A complete application for any Reconstruction under this section paragraph must be

submitted commenced within two (2) years of the date of damage or removal, and upon

approval of the application, redevelopment must be completed within one (1) year of the

commencement of reconstruction., provided that a written request, submitted no later

than twenty-one (21) days prior to either deadline for an extension of A one (1) year

extension six months, may be granted, provided that a written request is submitted no

later than twenty-one (21) days prior to either deadline and provided that the owner is not

responsible for the delay.

3. An existing use designated as a conditional use that lawfully existed prior to the adoption

of the Program or the adoption of an applicable amendment hereto and which has not

Comment [R8]: Workgroup Added space. 7-5-1

Comment [l9]: 10/20/11 - Planning Commissionapproved modification.

Comment [LH10]: This is changed to reflect therecommendation to “submit application “ within 2years. 10/13/2011.


Comment [RE12]: Staff, added nonconformingshoreline modifications provisions are in this section6/2011

Comment [l13]: Staff retained this to clarify thatthe 1 year applies to the reconstruction, not theapplication. This section was broken into twosentences .

Comment [LH14]: Staff, Whatcom Co.23.50.07.B. 5/2011




3


obtained a conditional use permit, shall be considered a legal nonconforming use andmay be continued subject to the provisions of this section without obtaining a conditional

use permit.

4. A structure for which a variance has been issued but which does not comply with

applicable requirements of this Program as amended shall be considered a legal

nonconforming structure and the requirements of this section shall apply.

5. Any permitted remodel or expansion shall not cause adverse impacts to shoreline


4.3.5 Regulations – Nonconforming Uses

1. Nonconforming uses shall not be altered or expanded in any way that increases the

nonconformity.

2. 2. If a nonconforming use is discontinued for twelve (12) consecutive months, any

subsequent use shall be conforming.

3. A nonconforming use cannot be changed to another nonconforming use.

4. Change of ownership, tenancy, or management of a nonconforming use shall not affect

its nonconforming status; provided, all items above are met.

4.3.6 Regulations – Nonconforming Structures

1. Nonconforming structures shall not be altered or expanded except as provided in this

section, or through a variance, or if being brought into conformance with this Program

and the Shoreline Management Act.

2. Nonconforming structures may be maintained, repaired, renovated, or remodeled to the

extent that nonconformance with the standards and regulations of this Program is not

increased, except as otherwise provided in that a nonconforming development that is

moved any distance must meet the provisions of this section or be the structure is broughtinto conformance with this Program; provided further, that as a conditional use, a

nonconforming dock may be modified, reoriented or altered within the same general

location to be more consistent with the provisions of this Program.

3. Nonconforming Structures - Commercial

a. Nonconforming commercial structures shall not be altered or expanded in any

way that increases the nonconformity without first obtaining a variance.

b. Nonconforming commercial structures and buildings destroyed by fire,

explosion, earthquake, flooding or other casualty, may be reconstructed to theconfiguration existing prior to the catastrophic event, including building

height and footprint of the structure.


criminal act initiated by the property owner.

c. The replacement structure shall not warrant new shoreline armoring for the

life of the new structure.

Comment [LH15]: Whatcom Co23.50.07.C.5/2011

Comment [LH16]: Staff, Implements Policy #2

5/2011

Comment [l17]: Staff, Anacortes 5/2011

Comment [LH18]: Staff, Modeled afterWhatcom 23.50.07.D.Implements Policy #1 & #3 5/2011

Modified for clarity.

Comment [LH19]: Staff, Implements Policy #45/2011

Comment [R20]: Workgroup, Changed wording

for clarity. 7-5-11




4


d. Reconstruction of commercial structures and buildings intentionallydemolished or destroyed in any other manner than described in subsection b.

above, shall be brought into conformance with all standards of the Program.

4. Nonconforming Structures - Residential Single Family: Primary Structure.






criminal act initiated by the property owner; and



iii. The remodel or expansion shall not cause additional adverse impacts to

shoreline ecological functions and/or processes.

b. ii.If a portion or all of a nonconforming primary residential structure is

intentionally demolished, it may be reconstructed under the following

conditions.



building height and footprint of the structure, and provided that mitigation

provisions of Section 4.1.2 are met, including the mitigation of the

shoreline buffer is provided as detailed in Section 4.1.2.7.

ii. A nonconforming primary residential may be reconstructed and the

building footprint may be expanded and/or the height increased to the

extent allowed by this Program, if:

1. The enlargement or expansion of the footprint size, including any

new impervious surfaces located within the Shoreline Buffer, does

not exceed 25%; increase the nonconformity and the expansion islocated landward of the existing or original building footprint;, (not

in the side yard) and any vertical expansion meets height

requirements of this program and located within the existing

building footprint; and

2. Existing demolished foundation and/or impervious surfaces located

within the Shoreline Buffer shall be removed no more than 50% of

the demolished footprint remains in the buffer; and

3. Mitigation of the shoreline buffer is shall be provided in

accordance with Section 4.1.2; and

4. The remodel or expansion shall not cause adverse impacts to

shoreline ecological functions and/or processes; and

5. All other applicable standards and provisions of the Bainbridge

Island Municipal Code are met.

c. iii. Permitted expansion of a nonconforming structure shall not obstruct the

existing views of the water from primary waterfront residences or public

rights-of-way to any greater degree than a fully conforming structure.

Comment [LH21]: Staff, Implements Policy #3,#4 & #5 5/2011

Comment [R22]: Workgroup, Changed wordingfor clarity. 7-5-44

Comment [l23]: Added 10/7/2011



Comment [LH26]: 10/20/11 – PlanningCommission approved expansion of existingdevelopment with mitigation and provided if it was

landward of the existing building footprint and allother code section s are met.

Comment [R27]: Workgroup, Added 7-5-11

Comment [R28]: Workgroup, Added 7-5-11

Comment [l29]: Modified for clarity 10/7/2011

Comment [M30]: Staff. Anacortes 5/2011




5


d. iv. Increases in structure footprint outside of the shoreline buffer shall beallowed, even if all or a portion of the previously approved footprint is within

the shoreline buffer. In such case, such addition or enlargement shall be

treated as a separate building or structure in determining conformity to all of

the requirements of this Program.

e. v. The vegetation requirements of Sections 4.1.3.5 and 4.1.3.6 and Sections

4.1.2, Environmental Impacts must conform as much as is feasible, based on

available land area, in either of the following situations:

i. (1) An increase of at least 10 percent in gross floor area of any structure

located in shorelines jurisdiction, excluding detached dwelling unit and

public park uses; or

ii. 2) An alteration to any structure(s) in shorelines jurisdiction, the cost of

which exceeds 50 percent of the replacement cost of all structures on the

subject property.

5. Nonconforming Structures – Multifamily Residential: Primary Structure






criminal act involving the property owner; and



iii. The remodel or expansion shall not cause adverse impacts to shoreline


b. If a portion or all of a nonconforming primary multifamily residential

structure is intentionally demolished, it may be reconstructed under thefollowing conditions:



building height and footprint of the structure, if public access and

mitigation of the shoreline buffer is provided as detailed in Section 4.1.2.

6. Nonconforming Structures - Residential Single Family: Accessory Structures

a. Expansion of nonconforming accessory structures is prohibited and shall not

be altered or expanded in any way that increases the nonconformity without

first obtaining a variance.

b. Essential Single Family Residential Accessory Structures. If a nonconforming

accessory structure that is essential to for a single family residential

development is damaged or destroyed by natural causes or casualty, or

purposely destroyed or demolished, it may be reconstructed to the same size,location or configuration if mitigation of the shoreline buffer is provided as

Comment [M31]: Staff, Kirkland 5/2011

Comment [M32]: Staff, Kirkland 5/2011

Comment [LH33]: Staff, Implements Policy #3,#4 & #5 5/2011

Comment [LH34]: 10/20/11 – PlanningCommission approved alternative language thatallows primary SFR accessory structures to bereconstructed, provided mitigation of buffer is

provided. 10/13/2011. 6.c would then be eliminated.




6


detailed in Section 4.1.2.5, Vegetation Standards it must be reconstructedionmust be in conformance with this Program, unless a variance is obtained.

c. If accessory structures are located within the shoreline buffer, these existing

nonconforming structures must be brought into conformance if the applicant is

making an alteration, such as reconstruction or expansion, to the primary

structure, which exceeds 50% of the footprint of the primary structure .

4.3.7 Regulations – Nonconforming Lots

1. New single family development on any legal nonconforming lot located in shoreline

jurisdiction, which is not subject to landslide hazard areas, may be allowed to develop

without a shoreline variance when all of the following criteria are met: a. Non-conforming lots with a building area of 2,500 square feet or more

available for a single family residence and normal appurtenances and

unrestricted by buffers from shorelines or critical areas shall comply with theprovisions of this Program. The building area means the entire area that will

be disturbed to construct the home, normal appurtenances (except

drainfields), and landscaping; and

b. Non-conforming lots that do not meet the requirement of subsection 1.a above

shall provide the maximum buffer dimension feasible while providing for a

building area of not more than 2,500 square feet on the portion of the lot

farthest from the required buffer; provided that consideration shall be given to

view impacts and all single family residences approved under this section

shall not extend waterward of the shoreline view setback as measured in

accordance with Section 4.1.3.6.8; and

c. The area between the structure and the shoreline and/or critical area shall

comply with the vegetation conservation standards of Section 4.1.3;and

d. Development may not take place waterward of the ordinary high water mark;and

e. Facilities such as a conventional drainfield system may be allowed outside of

the building area specified above, and within buffer areas, except wetlands

buffers and not closer than 75ft to OHWM; provided that the drainfields shall

be subject to regulations of Section 4.1.5, Critical Areas.

4.3.8 Nonconforming Public Facilities & Transportation

1. Nonconforming Public facilities shall be allowed to continue and to be repaired,

maintained, or remodeled.

2. Redevelopment of nonconforming public rights-of-way and associated transportation


development of public trails, and/ or public shoreline access, provided that, such

redevelopment shall be otherwise consistent with the provisions of this Program,including but not limited to the provisions for public access and no net loss of shoreline

ecological functions and processes.

Comment [l35]: Revised for clarity 10/7/2011

Comment [M36]: Staff, Kirkland 5/2011Recommended to be eliminated.

Comment [LH37]: Staff, Whatcomco.23.50.07.K.

Implements Policy #6 5/2011

Comment [LH38]: Modeled after Whatcom Co.23.50.07.L.Implements Policy#7




Essential Single Family Residential Accessory Structure – An accessory structure thatcontains a use or is intended for a use that is essential to a single family residential primary use.

The following structures shall be considered an essential residential structure: one garage or

carport, one septic tank and installed on-site septic drainfield, one well house and associated well

head, or one deck that serves as necessary access to the primary structure.

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01-19 12 PC Packet Buffers and Nonconforming Uses

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