HomeMy WebLinkAboutCOW 2009-11-23 Item 4I.1 - Shoreline Master Program - Attachment A.13: Shoreline Restoration13. SHORELINE RESTORATION
The Shoreline Restoration Plan, found in Appendix B. identifies the sites that have been,
identified to -date as possible locations for habitat restoration along the Green /Duwalnish
River. The City will continue to add sites to the Restoration Plan as they are identified
and will include them in the Citv's Capital Improvement Program for acauisition and
improvement. Project sites in the Transition Zone have the highest priority for
acquisition. Amendments or revisions to the Restoration Plan do not require an
amendment to the Shoreline Master Prog. am.
13.1 Shoreline Substantial Development Permit Not Required
Shoreline restoration projects shall be allowed without a Shoreline Substantial
Development Permit when these projects meet the criteria established by WAC 173-27
040(o) and (p) and H.B. 2199.
613.2 Changes in Shoreline Jurisdiction due to Restoration
Relief may be granted from shoreline master Program standards and use regulations iln_
cases where shoreline restoration projects result in a change in the location of the OHWM
and associated shoreline jurisdiction on the subject property and/or adjacent properties
and where application of shoreline master Program
regulations would preclude or interfere with the uses permitted by the underlying zoning,
thus presenting a hardship to the project proponent.
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A. Applications for relief. as specified on subsection B below must meet the
following criteria:
1. The proposed relief is the minimum necessary to relieve the hardship;
2. After granting the proposed relief. there is net environmental benefit from
the restoration proiect; and
3. Granting the proposed relief is consistent with the obiectives of the
shoreline restoration protect and with the shoreline master program.
Where a shoreline restoration proiect is created as mitigation to obtain a
development permit. the protect proponent reauired to perform the mitigation is
not eligible for relief under the provisions of this section.
B. The portion of property that moves from outside shoreline jurisdiction to inside
shoreline jurisdiction as a result of the shoreline restoration project:
1. may be developed for the full range of uses of the underlying zoning
consistent with the zoning code, including uses that are not water
oriented;
2. is not required to obtain a shoreline substantial development permit;
3. is not subject to the SMP provisions for public access;
4. may be developed for the full range of uses of the underlying zoning is
not subject to shoreline design review; and
5. while required to obtain a shoreline substantial development permit if
over the thresholds, is not subiect to the development standards set forth
in this Program. except as set forth in Section 13.2 C.
The intent of the exemptions identified in A 1 -4 is to implement the restoration projects
of the Shoreline Master Program Restoration Plan, which reflect the projects identified in
the Water Resource Inventory (WRIA) 9 Plan pursuant to Policy 5.2 of this Master
Program. Proiects will continue to be added to the Restoration Plan as they are
identified.
C. Consistent with the provisions of subsection A. above. tThe Shoreline Residential
Environment Buffer, High Intensity or Urban Conservancy Environment Buffer width
may be reduced to no less than 25 feet measured from the new location of the OHWM for
the portion of the property that moves from outside the shoreline jurisdiction to inside
shoreline jurisdiction as a result of the shoreline restoration project, subject to the
following standards:
1. The 25 foot buffer area must be vegetated according to the requirements of the
Vegetation Protection and Landscaping Section or as otherwise approved by
the City; and
2. The proponents of the restoration project are responsible for the installation
and maintenance of the vegetation.
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D. The habitat restoration project proponents must record with King County a survey
that identifies the location of the OHWM location prior to implementation of the
shoreline restoration project, any Dronerties and structures that fall within the shoreline
jurisdiction and the new location of the OHWM once construction of the shoreline
restoration project is completed and any nronerties that are brou:tht under shoreline
iurisdiction due to the restoration nroiect. As the location of the OHWM is not static. it
may be necessary for future r'roiects to re- survey the location of the OHWM.
D. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers and
Washington State Department of Fish and Wildlife approvals as well as written approval
from the City.
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