HomeMy WebLinkAboutReg 2009-12-07 Item 6I.1 - Shoreline Master Program - Ordinance - Adopt SMP Update and Attachment AAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, APPROVING AND ADOPTING A SHORELINE MASTER
PROGRAM UPDATE FOR THE CITY OF TUKWILA TO INCORPORATE NEW
STATE REQUIREMENTS; REPEALING THE SHORELINE MASTER PROGRAM
ADOPTED BY REFERENCE IN SECTION 5 OF THE COMPREHENSIVE PLAN,
ADOPTED IN SECTION 1.A OF ORDINANCE NO. 1757; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City adopted a new Comprehensive Plan in 1995 to implement the goals
and policies of the Growth Management Act of 1990 and the King County County-wide
Planning Policies; and
WHEREAS, the Green /Duwamish River, a shoreline of the State regulated pursuant to
RCW 90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, due to the presence of the Green River in the City, the 1995 Comprehensive
Plan included policies addressing shorelines; and
WHEREAS, as set forth in RCW 90.58.020, the State Legislature has found that shorelines of
the State are among the most valuable and fragile of its natural resources and unrestricted
construction on privately and publicly -owned shorelines of the State is not in the best public
interest; and
WHEREAS, in RCW 90.58.020 the State Legislature directed local governments developing
Shoreline Master Programs for shorelines of State -wide significance to give preference to the
following uses, in order of preference, which: 1) recognize and protect the State -wide interest
over local interest; 2) preserve the natural character of the shoreline; 3) result in long -term over
short -term benefit; 4) protect the resources and ecology of the shoreline; 5) increase public
access to publicly -owned areas of shorelines; 6) increase recreational opportunities for the
public in the shoreline; and 7) provide for any other element, as defined in RCW 90.58.100,
deemed appropriate or necessary; and
WHEREAS, in 2003 the Washington State Department of Ecology (DOE) adopted new rules,
pursuant to RCW 90.58.200, to carry out provisions of the Shoreline Management Act; and
WHEREAS, DOE's new rules are set forth in WAC 173 -26, and these new rules provide
direction to local jurisdictions concerning the regulation of uses on shorelines of the State; and
WHEREAS, RCW 90.58.080 directs local governments to develop or amend their shoreline
master programs consistent with the required elements of the guidelines adopted by DOE, in
accordance with a schedule established in that section; and
WHEREAS, the timetable set forth in RCW 90.58.080(2)(a)(ii) requires the City of Tukwila to
amend its Shoreline Master Program by December 1, 2009; and
WHEREAS, the City began an update of its Shoreline Master Program in 1998, established a
Citizens Advisory Panel for initial policy and regulation guidance, prepared background
studies and used consultant services to prepare technical documents; and
WHEREAS, the City renewed and continued its updating of the Shoreline Master Program
in 2008; and
WHEREAS, an environmental checklist was prepared for the staff draft Shoreline Master
Program update, accompanied by a draft "Cumulative Impacts Analysis," an "Inventory and
Characterization Report" and draft "Restoration Plan," and a Determination of Non
Significance was issued August 13, 2008; and
WHEREAS, the Planning Commission reviewed a staff draft Shoreline Master Program,
held a public hearing on August 27, 2008, continued the hearing to October 9, 2008 to allow
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additional public input, and recommended adoption of a revised Shoreline Master Program to
the City Council in February 2009; and
WHEREAS, the City Council held a public hearing on April 20, 2009, continued the hearing
to July 13, 2009 and July 20, 2009 and conducted ten in -depth work sessions to review the
Planning Commission Recommended Draft Shoreline Master Program; and
WHEREAS, pursuant to WAC 173 -26 -186, City staff has analyzed the cumulative impacts of
the staff draft Shoreline Master Program, the Planning Commission Recommended Draft
Shoreline Master Program, and the Council revisions to the Planning Commission
Recommended Draft Shoreline Master Program and determined that the Shoreline Master
Program and accompanying goals, policies and regulations will achieve no net loss of shoreline
ecological functions, as compared to current "baseline" conditions; and
WHEREAS, pursuant to WAC 173 -26 -186, the proposed Shoreline Master Program contains
policies and regulations to ensure to net loss of shoreline ecological functions, to address
adverse cumulative impacts and to fairly allocate the burden of addressing cumulative impacts
among development opportunities; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission Recommended Draft Shoreline Master Program to
address issues raised by interested parties, individual Councilmembers, staff and the
Department of Ecology; and
WHEREAS, throughout the process of updating the Shoreline Master Program, a variety of
methods were used to notify the general public and property owners along the shoreline of the
proposed Shoreline Master Program update, including mailings to property owners and
tenants, notice boards along the Green River Trail, postings on the City's web site, creation of a
broadcast email group who received updates of the shoreline review process and articles in the
City's newsletter; and
WHEREAS, notice has been provided to the Washington State Department of Commerce,
pursuant to RCW 36.70A.106;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Shoreline Master Program Established. The Shoreline Master Program, with
accompanying maps set forth in "Attachment A," is hereby adopted and shall become binding
as of the effective date of this ordinance on all properties within the shoreline jurisdiction.
Section 2. Repealer. The Shoreline Master Program, adopted by reference in Section 5 of
the 1995 Comprehensive Plan, adopted in Section 1.A of Ordinance No. 1757, is hereby
repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City and shall take effect and be in full force and effect on the later of
five days after passage and publication as provided by law, or approval of the Shoreline Master
Program set forth in "Attachment A" by the Washington State Department of Ecology.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Special Meeting thereof this day of 2009.
Al 1 EST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Attachment: "Attachment A" Shoreline Master Program
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
FOLLOWING ARE AMENDED PAGES FROM THE SHORELINE MASTER
PROGRAM, WHICH IS ATTACHMENT A TO ORDINANCE NUMBER 1 (adopting the
Shoreline Master Program)
These pages have been revised as a result of Council action on November 23, 2009.
The changes have been identified in strikeout/underline format. Page numbers on the
bottom left hand side of the documents are the same page numbers from the SMP
document in the November 23, 2009 Committee of the Whole agenda packet. No
revisions were made to the ordinance text at the November 23 meeting.
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LIST OF FIGURES
Figure 1. Current Tukwila SMP Shoreline Management Zones (1974 SMP; TMC 18.44) 46
Figure 2. Minimum Levee Profile 60
Figure 3. Schematic of Proposed Shoreline Residential Environment and Buffer 60
Figure 4. Schematic of Proposed Shoreline Jurisdiction and Buffers for the Urban
Conservancy Environment in Areas without Levees 62
Figure 5 Buffer Reduction with Backfill Option 66
Figure 6 Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the
Urban Conservancy Environment 67
Figure 75. Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the High
Intensity Environment 66
LIST OF TABLES
Table 1. General Restoration Potential within the Shorelines of Tukwila 28
Table 2. State Recommended Environment Designation System WAC 173 -26 -211 (5) 48
Table 3: Summary of Buffer Widths 53
Table 4. Tree Replacement Requirements 92
Table 5. River Buffer Vegetation Planting Densities 96
LIST OF MAPS
Map 1. Potential Annexation Areas
Map 2. Transition Zone
Map 3. Annexation History
Map 4. Proposed Shoreline Environments
Map 5. Shoreline Armoring
Map 6 Sensitive Areas in the Shoreline
Map 7. Shoreline Public Access
APPENDICES
A. Shoreline Inventory and Characterization Report
B. Shoreline Restoration Plan
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Mean Higher High Water (MHHW): means the average of the higher high water
height of each tidal day, and used in determining the OHWM for the tidally influenced
portions of the river.
Native Vegetation: means vegetation with a genetic origin of Western Washington,
Northern Oregon and Southern British Columbia, not including cultivars.
No Net Loss: means a standard intended to ensure that shoreline development or uses,
whether permitted or exempt, are located and designed to avoid loss or degradation of
shoreline ecological functions that are necessary to sustain shoreline natural resources. In
program.
Nonconforming: means a use or development which was lawfully constructed or
established prior to the effective date of the Shoreline Management Act or the Shoreline
Master Program or amendments thereto, but which does not conform to present
regulations or standards of the program.
Non water oriented uses: means those uses that are not water dependent, water related,
or water enjoyment.
Ordinary high water mark: means that mark that will be found by examining the bed
and banks and ascertaining where the presence and action of waters (all lakes, streams,
and tidal water) are so common and usual, and so long continued in all ordinary years, as
to mark upon the soil a character distinct from that of the abutting upland, in respect to
vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter,
or as it may change thereafter in accordance with permits issued by a local government or
the Department of Ecology. In any area where the ordinary high water mark cannot be
found, the ordinary high water mark adjoining salt water shall be the line of mean higher
high tide and the ordinary high water mark adjoining fresh water shall be the line of mean
high water.
Overwater Structure: means any device or structure projecting over the OHWM,
including, but not limited to bridges, boat lifts, wharves, piers, docks, ramps, floats or
buoys.
Pre cxisting Non- conformin>s Structure: means a structure legally established prior to
the effective date of the Shoreline Master Program, but which does not conform to
present regulations or standards of the program.
Prc cxistingNon- conforming Use: means a use legally established prior to the effective
date of the Shoreline Master Program, but which does not conform to present regulations
or standards of the program.
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Public Access: means the ability of the general public to reach, touch or enjoy the
water's edge, to travel on the waters of the state, and to view the water and the shoreline
from adjacent locations. Public access may be provided by an owner by easement,
covenant, or similar legal agreement of substantial walkways, corridors, parks, or other
areas serving as a means of view and/or physical approach to public waters. The Director
may approve limiting public access as to hours of availability, types of activity permitted,
location and area.
Regional Detention Facility: means a stormwater detention and /or retention facility that
accepts flow from multiple parcels and/or public ROW. The facility may be public or
private.
dcsian features that serve both public and nrivatc usc. such as an access road that also can
ccrvc as a trail. T 33 roads and othcr
imncrvious surfaces as far from the river as practical.
Revetment: means a sloping structure built to increase bank strength and protect an
embankment, or shore against erosion by waves or river currents. A revetment is usually
built of rock rip -rap, wood, or poured concrete. One or more filter layers of smaller rock
or filter cloth and "toe" protection are included. A revetment typically slopes and has a
rough or jagged face. The slope differentiates it from a bulkhead, which is a vertical
structure.
Riparian: means the land along the margins of rivers and streams.
Riverbank analysis and report: means a scientific study or evaluation conducted by
qualified experts and the resulting report to evaluate the ground and /or surface hydrology
and geology, the geomorphology and hydraulic characteristics of the river, the affected
land form and its susceptibility to mass wasting, erosion, scouring and other geologic
hazards or fluvial processes. The report shall include conclusions and recommendations
regarding the effect of the proposed development on geologic and/or hydraulic
conditions, the adequacy of the site to be developed, the impacts of the proposed
development, alternative approaches to the proposed development, and measures to
mitigate potential site specific and cumulative geological, hydrological and hydraulic
impacts of the proposed development, including the potential adverse impacts to adjacent
and down current properties. Geotechnical /Hydrological/Hydraulic reports shall conform
to accepted technical standards and must be prepared by qualified professional engineers
or geologists who have professional expertise about the regional and local shoreline
geology and processes.
Shorelands or shoreland areas: means those lands extending landward for two hundred
feet in all directions as measured on a horizontal plane from the ordinary high watermark;
floodways and contiguous floodplain areas landward two hundred feet from such
floodways; and all wetlands and river deltas associated with the streams, lakes and tidal
waters which are subject to the provisions of the SMA.
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6. SHORELINE GOALS AND POLICIES
The goals and policies listed below are taken from the City's 1995 Comprehensive Plan.
Strikeout/underlining has been used to indicate proposed revisions to the original 1995
text to reflect changed circumstances or newer requirements. The goals and policies are
found in Chapter 5 of the Comprehensive Plan. The Comprehensive Plan will be
amended to reflect these changes to goals and policies.
6.1 Shoreline Environment Designations. Comprehensive Plan Goal 5.1
Goal: Shoreline Environment designations that meet Washington State Shoreline
Management Act requirements, and reflect local conditions and Tukwila's long -term
vision for its shoreline. The shoreline jurisdiction generally extends for 200 feet on either
side of the Ordinary High Water mark, consistent with the Washington State Shoreline
Management Act. In order to implement this goal, the SMP proposes three Environment
Designations: Shoreline Residential, Urban Conservancy, and High Intensity (as detailed
in the Shoreline Environment Section) that comply with the Washington State Shoreline
Management Act and function well for the City.
Policies:
New Policy 5.1.1: Shoreline Residential Environment. In the Shoreline
Residential Environment, priority shall be given to the following:
o Uses that preserve or restore the natural character of the shoreline or
promote preservation of vegetation, open space, flood plain or
sensitive area lands; and
o Development that is compatible with the natural and biological
limitations of the land and water and that will not require extensive
alteration of the shoreline or new "hard" structural shoreline
stabilization. Where possible the removal of bulkheads, revetments,
levees or other "hard" structural shoreline stabilization is required.
Hard structural shoreline stabilization may be replaced with alternative
bioengineered bank stabilization; and
o On publicly owned property, water dependent or water related
recreational activities that are compatible with the character of the
shoreline residential areas.
o Maintenance of existing single family residential development patterns
and public open space and recreation uses;
o Residential and recreational development that promotes vegetation
conservation and enhancement, sensitive areas protection, and
maintenance of water quality to assure no net loss of shoreline
ecological functions;
o Residential and recreational development that contributes to the
restoration of ecological functions over time in areas where ecological
degradation has occurred.
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Policy 5.1.2, Urban Conservancy Environment: In the Urban Conservancy
Environment priority shall be given to the following:
o Development that promotes vegetation conservation and enhancement,
sensitive areas protection, and preservation of water quality to assure
no net loss of shoreline ecological functions.
o Water enjoyment uses
o Uses that remove shoreline armoring, unless required for a shoreline
dependent use, and uses that prevent and /or minimize flood
damage;
o Uses that preserve or restore shoreline ecological functions provided
by vegetation, open space, flood plain or sensitive area lands;
o Uses that minimize interference with navigation and flood control,
consider impacts to public views, and allow for the safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration;
o Uses that provide public access and public recreation whenever
feasible and when ecological impacts can be mitigated;
o Development that is compatible with the natural and biological
limitations of the land and water that do not require extensive
alteration of the shoreline or new shoreline stabilization, except for
restoration projects.
o Uses that provide public access and public recreation whenever
feasible and ecological impacts can be mitigated;
o Enhancement and restoration of ecological functions; and
o Redevelopment of underutilized areas and development of commercial
and industrial activities where shoreline impacts are minimized and
where there is no net loss of shoreline functions.
New Policy 5.1.3, High Intensity Shoreline Environment: In the High
Intensity Environment, priority shall be given to the following:
o Water dependent commercial and industrial uses;
o Development that promotes vegetation conservation and enhancement,
sensitive areas protection, and preservation of water quality to assure
no net loss of shoreline ecological functions.
o Uses that remove shoreline armoring, unless required for a shoreline
dependent use, and uses that prevent and /or minimize flood damage;
o Uses that preserve or restore shoreline ecological functions provided
by vegetation, open space, flood plain or sensitive area lands;
o Uses that minimize interference with navigation and flood control,
consider impacts to public views, and allow for the safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration;
o Uses that provide public access and public recreation whenever
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feasible and when ecological impacts can be mitigated;
o Development that is compatible with the natural and biological
limitations of the land and water that do not require extensive
alteration of the shoreline or new shoreline stabilization, except for
restoration projects.
o Uses that provide public access and public recreation whenever
feasible and ecological impacts can be mitigated;
o Enhancement and restoration of ecological functions; and
o Redevelopment of underutilized areas and development of intensive
commercial and industrial activities where shoreline impacts are
minimized and where there is no net loss of shoreline functions.
6.2 Shoreline Planning and Management, Comprehensive Plan Goal 5.2
Goal: Expanded value of the river as a community and regional resource through
regional coordination of shoreline management programs and through programs that
foster river appreciation and awareness, involving partnerships among businesses,
schools, government and community organizations.
Policies:
Policy 5.2.1: Coordinate shoreline planning and management activities with
other local jurisdictions and their plans such as the WRIA 9 Salmon Habitat
Plan and the King County Flood Hazard Management Plan to establish
region -wide consistency in addressing river issues with regional implications,
such as economic development, public access, wildlife habitat, water quality
control and flood control.
Policy 5.2.2: Promote river stewardship and increase river awareness through
actions which further shoreline goals, such as educational programs,
community activities, and partnerships with Tukwila residents, businesses,
schools, government, and community organizations.
New Policy 5.2.3: Promote and participate in the implementation of the
Watershed Resource Inventory Area (WRIA) 9 Plan, including supporting the
recommended projects located in Tukwila to improve the habitat functions of
the Green/Duwamish River, as well as the Plan policies and goals.
C. Implementation Strategies:
WRIA 9 Salmon Habitat Plan
Tukwila SMP Restoration Plan
King County Flood Hazard Management Plan
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6.3 Land Development Use and Economic Vitality, Comprehensive Plan Goal
5.3
Goal: Development along the shoreline that fosters the economic vitality of Tukwila
while preserving the long -term benefits of the river.
Policies:
Policy 5.3.1: Implement Shoreline Design Guidelines to:
o Encourage design that views the river as an amenity;
o Guide the design of multiple shoreline uses;
o Establish techniques for increasing multiple shoreline use;
o Prioritize locations for use;
o Encourage removal of invasive species with nonchemical methods and
maintenance of native planted vegetation to minimize the presence of
invasive species.
Policy 5.3.2: Design and locate all shoreline development to minimize impacts
on areas identified as important for other river uses, such as wildlife and
aquatic habitat, river vegetation, public access and recreation, historical
resource and flood control.
Policy 5.3.3: When no other feasible alternative exists, allow structures for
water dependent uses to be placed in the water, or structural reinforcement of
the riverbank, only when this provides a significant, long -term public benefit,
does not interfere with navigation or flood management, does not cause a loss
of shoreline function or is essential to a water dependent use.
Policy 5.3.4: Prohibit the construction of new flood control facilities unless
constructed to incorporate habitat restoration features and work to remove
existing shoreline armoring where possible— to restore habitat functions.
Policy 5.3.5: Recognize and promote the river's contribution to the economic
vitality of Tukwila, as a valuable amenity for existing and future businesses
which depend on or benefit from a shoreline location.
Policy 5.3.6: Ensure that shoreline development does not diminish the
commercial navigability of the River.
Policy 5.3.7: Tukwila Urban Center Development Policy: Design and locate
shoreline development in the Tukwila Urban Center to encourage water
enjoyment uses that:
o Provide for shoreline multiple uses that are consistent with the
underlying zoning;
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o Provide additional benefits, such as riverbank restoration, fishing
piers, non motorized boat launches, river views, or interpretive signs;
o Support public access to and along the shoreline;
o Provide water enjoyment uses as transitions between the river and
non -water dependent uses;
o Encourage efficient use of land, through such techniques as clustering,
mixed use projects, cooperative parking or parking located under
principal structures, and shared utility and access corridors.
o Ensure that new development and re- development in the Urban Center
acknowledges the goal of a continuous street facade along Christensen
Road and the riverfront and locates parking facilities to the interior of
the lot.
Implementation Strategies for Policy 5.3.7:
o Shoreline Design Guidelines
o Development Standards
o Tukwila Urban Center Plan
MIC Development Policy 5.3.8: Ensure that non -water dependent shoreline
development in the MIC provides for shoreline multiple uses to the extent that
site security and the success of industrial operations are not jeopardized;
ensures no net loss of shoreline function and provides adequate mitigation for
the loss of shoreline multiple use opportunities.
MIC Development Policy 5.3.9: Allow opportunities for commercial and
recreational marinas to locate in Tukwila downstream of the turning basin,
where compatible with existing and future navigability and existing and future
ecological restoration projects.
Policy 5.3.10: Development outside the Tukwila Urban Center or MIC:
Design and locate shoreline development outside of the Tukwila Urban Center
and the MIC to:
o Provide for multiple shoreline uses;
o Provide water enjoyment uses as transitions between the river and
non -water dependent uses;
o Encourage efficient use of land through such techniques as clustering,
mixed -use projects, cooperative parking or parking located under
principal structures, and shared utility and access corridors;
o Treat the river as an amenity in the design and location of the project.
6.4 Private Pronerty Rights. Comnrehensive Plan Goal 5.4
Goal: Protect rights of property owners to reasonable use and enjoyment of private
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property, through appropriate location, access to, and design of shoreline uses.
Policies
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Policy 5.4.1: Design, locate and manage shoreline uses in a manner which
maintains reasonable use and enjoyment of private property.
Policy5.4.2: Design and locate public access in a way that is appropriate for
the site, depending on site conditions and private property concerns.
Policy 5.4.3: Special sensitivity is required for residential property; therefore,
all single family residential development of four or fewer single family
residential lots is excluded from requirements to provide private or public
access. Single family property owners are not exempt from the responsibility
to improve the habitat value of the shoreline environment.
Policy 5.4.4. Maintain flexibility in methods of obtaining public access, to
allow for different site conditions and private property concerns that might
conflict with public access, such as privacy, safety, and security.
New Policy 5.4.5: Obtain additional easement area to permit the improvement
of flood control and river habitat by setting back levees or removing
revetments and other hard shoreline armoring and replacing with more
habitat friendly flood control levees or other shoreline treatment.
6.5 Shoreline Design Oualitv. Comprehensive Plan Goal 5.5
Goal: Enhanced identity of the river as a unique community asset through high quality
development and public activities that reflect Tukwila's history and sense of community
pride.
Policies:
Policy 5.5.1: Require that shoreline development outside of the MIC:
o Ensures no net loss of shoreline function;
o Is designed to be consistent with Tukwila Shoreline Design
Guidelines;
o Reflects principles of high quality design, in such areas as site
planning, architecture and landscaping;
o Includes setbacks, bulk, height, density, landscape buffers and
provisions for open space that enhance the shoreline environment.
Implementation Strategies for Policy 5.5.1:
o Shoreline design guidelines
o Shoreline development standards
o Tukwila Urban Center Plan
Policy 5.5.2: Require that shoreline development in the MIC:
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o Is designed to be consistent with Tukwila Shoreline Design
Guidelines;
o Maintains or enhances the existing visual quality along the river;
o Provides trees and other landscaping to buffer industrial uses that are
incompatible with other river uses;
o Provides amenities that enhance enjoyment of the river by employees.
Implementation Strategies for Policy 5.5.2:
Bo Shoreline design guidelines
Go Shoreline development standards
6.6 Access and Recreational Use, Comprehensive Plan Goal 5.6
Goal: Increase the amount and diversity of opportunities for public recreation and access
to and along the river, including visual and cultural access, access to the water's edge,
opportunities for small boat navigation and access, and connections to other
neighborhoods, consistent with the shoreline character.
Policies:
Policy 5.6.1: Retain and improve areas identified as important in the network
of public access to the river, including cross -town connections, former
railroad right -of -ways and unimproved street -end right -of -ways, historic sites,
unique natural features or other areas valuable for their interpretive potential.
New Policy 5.6.2: Maintain existing parks along the shoreline and acquire
additional park land to increase access and recreation opportunities.
Policy 5.6.3: Incorporate river access requirements to guide the design,
location and management of shoreline public access in short plats over 4 lots
and all subdivisions as well as multi family, commercial and industrial
development; to identify types of access appropriate and feasible for various
site conditions and locations; and to establish strategies, funding sources and
priorities for acquisition and enhancement of shoreline public access.
Implementation Strategies for Policies 5.6.1 5.6.3:
o Shoreline design guidelines
o Shoreline access guidelines
o Shoreline development standards
o Walk and Roll Plan
o Parks and Open Space Plan
Policy 5.6.4: Design, locate and manage public access for diverse types and
variable levels of intensity in order to minimize impacts on vulnerable
features of the natural environment and to minimize conflicts with private
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property uses.
Policy 5.6.5: Where shoreline development provides public access areas,
reserve such areas for use by the public through the means most appropriate
for the type, scale and impacts of the development, such as dedication,
donation or sale of an easement or right -of -way to the City.
Policy 5.6.6: Support the implementation of the King County Green River
Trail, per the existing King County Green River Trail Master Plan as well as
pedestrian/bicycle connections with the Trail from properties on the opposite
bank and the expansion of this trail where appropriate.
Policies for Development outside MIC:
Policy 5.6.7: Require subdivisions, multi family residential uses and
commercial and industrial uses along the shoreline to provide a trail for public
access along the river in areas identified for trail connections, consistent with
the King County Green River Trail Master Plan, Shoreline Master Program or
any other approved access plan.
Implementation Strategies for Policy 5.6.7
o King County Green River Trail Master Plan
o Shoreline public access standards
o Walk and Roll Plan
o Parks and Open Space Plan
Policy 5.6.8: Where shoreline public access is provided, ensure that it is
designed to be safe and convenient and includes access amenities such as
benches, drinking fountains, public parking areas, handicapped access, and
appropriate lighting, consistent with the shoreline access guidelines.
Implementation Strategies for Policy 5.6.8
o King County Green River Trail Master Plan
o Shoreline public access standards
o Walk and Roll Plan
o Parks and Open Space Plan
Policy 5.6.9: Except for single family residential development of four or
fewer single family residential lots, shoreline development shall maintain and
encourage views of the water from the shoreline and from upland area,
through design of building height, bulk and modulation, and windows,
breezeways and outdoor spaces.
Implementation Strategies
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o Shoreline design guidelines
New Policy 5.6.10: Public access improvements should be designed and
constructed to:
o Look and "feel" welcoming to the public;
o Connect to public areas, street ends, and other pedestrian or public
throughfares;
o Enhance the character of Tukwila;
o Avoid conflicts with water dependent uses;
o Provide for public safety and minimize impacts to private property
and individual privacy and security;
o Require a low level of operation and maintenance;
o Ensure that construction (i.e. structures and access pathways)
incorporates environmentally sensitive design and materials (e.g.,
non- toxic, natural materials)
Policy 5.6.11: Improve pedestrian connections between the river, Green River
Trail and the Urban Center's commercial, office and residential uses.
Policies for Development in MIC
Policy 5.6.12: For MIC properties included in the King County Green River
Trail Master Plan or other approved access plan, require shoreline
development to provide a trail for public access along the river.
Policy 5.6.13: Where shoreline public access is provided, ensure that it is
designed to be safe and convenient and includes access amenities such as
benches, drinking fountains, public parking areas, handicapped access and
appropriate lighting, consistent with the shoreline access guidelines.
Policy 5.6.14: For MIC properties not included in the King County Green
River Trail Plan, require shoreline development to provide public access or a
private natural area in lieu of public access, or otherwise mitigate the loss of
public access.
Implementation Strategies for Policies 5.6.12 -14
o Shoreline design guidelines
o Shoreline access guidelines
o Walk and Roll Plan
o Parks and Open Space
6.7 Transportation within the Shoreline Jurisdiction, Comprehensive Plan
Goal 5.7
Goal: Safe corridors and amenities for pedestrians, cyclists and users of public
transportation, allowing more citizens to access and enjoy the river.
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Policies:
Policy 5.7.1: Design and locate transportation uses within the shoreline
jurisdiction to be compatible with shoreline vegetation or other habitat
features, turn -outs or parking areas for public access, biofiltration swales to
protect water quality, public art or interpretive signs.
Policy 5.7.2: Ensure the transportation uses within the shoreline jurisdiction
and within those corridors identified as river cross connections provide safe,
convenient and attractive pedestrian, bicycle and boater access and facilities
for public transportation.
Policy 5.7.3: Minimize transportation impacts to the natural environment
(such as air, noise, odor or water pollution) and enhance the natural
environment wherever possible through planting trees and other habitat
features.
Policy 5.7.4: Encourage maintenance of the river's navigability up to the
Turning Basin, where this achieves a greater public interest and a balance
between costs and benefits to the broader community and impacts to the
habitat functions of the river, in recognition of the historical significance of
navigation and its importance to the economic vitality of water dependent
uses and the MIC
6.8 Historical Resource Use and Archaeological Protection. Comprehensive
Plan Goal 5.8
Goal: Recognition of the river's contribution to Tukwila history and community identity
through identification, enhancement, restoration, and protection of sites with historic and
cultural value and through development of interpretive and educational programs.
Policies
Policy 5.8.1: Ensure that shoreline development reflects the river's important
role in Tukwila's history and that long -term public use of the river as an
historical resource is protected by providing for the identification, protection
and interpretation of unique historic and archaeological features.
Policy 5.8.2: Ensure that public shoreline development reflects the river's
natural features and community traditions.
New Policy 5.8.3: Ensure that archaeological artifacts and sites are protected
when development takes place in the shoreline jurisdiction.
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6.9 Natural Environment and Habitat Use, Comprehensive Plan Goal 5.9
Goal: Restored, enhanced, and protected natural environment resources along the river,
including trees, wildlife habitat and features with value for long -term public, scientific
and educational uses.
Policies
Policy 5.9.1:Ensure that shoreline development results in no net loss of
shoreline ecological function, minimizes impacts on wildlife and that
significant vegetation, sandbars, wetlands, watercourses, and other critical
areas identified as important for habitat are maintained through the proper
location, design, construction, and management of all shoreline uses and
activities.
Policy 5.9.2: Ensure that shoreline development and activities protect
riverbank vegetation and, where feasible, restore degraded riverbanks in
accordance with the vegetation management provisions of the Shoreline
Master Program, in order to minimize and compensate for impacts to fish and
wildlife habitat.
Policy 5.9.3: Mitigate unavoidable disturbances of significant vegetation or
habitat through replacement of habitat and provision of interpretive features
consistent with the shoreline access guidelines.
New Policy 5.9.4: Support relief from certain shoreline master program
requirements for properties affected by habitat restoration projects that result
in the movement of the ordinary high water mark.
New Policy 5.9.5: Support establishing the Transition Zone as the priority
area for habitat restoration projects given its importance for subtidal and
intertidal habitats to allow salmonids to gradually adjust to the change
between fresh and saltwater conditions.
6.10 Water Oualitv, Surface Water and Flood Control Use Comprehensive
Plan Goal 5.10
Goal: Improved water quality and quantity control programs affecting the
Green/Duwamish River that improve the river's water quality, provide habitat for fish and
wildlife, protect public health and safety, and enhance public enjoyment of the river.
Policies:
Policy 5.10.1: Design, locate, and manage shoreline development including
streets, flood control projects, surface water drainage and sewer systems,
clearing and grading activities, and landscaping in a manner which minimizes
opportunities for pollutants to enter the river, provides erosion control and
otherwise protects water quality.
Policy 5.10.2: Design, manage, and mitigate flood control uses to minimize
impacts to other shoreline uses such as trees and riverbank vegetation, public
access and recreation, and fish habitat; and set them back from the river,
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Policies:
where feasible for the project, with land areas between the water and the levee
set aside as open space for public recreation or wildlife habitat.
Policy 5.10.3: Consistent with project feasibility, mitigate unavoidable
negative impacts on other shoreline uses owing to flood control uses through
such measures as restoration of trees and native riverbank vegetation,
provision of public access to the water's edge, interpretive features, or other
mitigation of loss of opportunities for shoreline multiple uses.
New Policy 5.10.4: Obtain additional easements, where needed, from property
owners to set back levees to improve flood control and shoreline habitat
functions. Where possible, aAs redevelopment occurs, replace bulkheads,
revetments or other hard bank stabilization with more natural levees.
riverbanks or other shoreline treatments. to improve flood control. ecological
functions and habitat where possible.
C. Implementation Strategies
Increase levee setback to incorporate flatter. more stable slope and vegetated
mid -slope benches
Shoreline access guidelines
Surface Water Management Plan
WRIA 9 Plan water quality policies
Shoreline Restoration Plan
6.11 Public Health. Safety and Welfare, Comprehensive Plan Goal 5.11
Goal: Shoreline uses that do not endanger public health, safety and welfare, or the
capacity of the river to provide long -term benefits and resources to the community.
Policy 5.11.1: Design, locate, and manage shoreline uses, such as capital
improvement projects and private development, in a manner that does not
endanger public health, safety and welfare, and enhances the capacity of the
river to provide long -term flood protection. habitat and other benefits and
resources to the community and the environment.
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purposes and criteria established therein.
1. Permitted Uses: No uses or structures are permitted in the Shoreline
Residential Buffer except for the following:
a. Shoreline Restoration Projects;
b. Over -water structures subject to the standards in the Over -water
Structures section associated with water dependent uses, public access,
recreation, flood control or channel management. Private, single
residence piers for the sole use of the property owner shall not be
considered an outright use on the shoreline. A dock may be allowed
when the applicant has demonstrated a need for moorage and that the
following alternatives have been investigated and are not available or
feasible:
1). commercial or marina moorage;
2). floating moorage buoys;
3). joint use moorage pier /dock.
c. Public parks, recreation and open space;
d. Public pedestrian bridges
e. Public and/or private promenades, footpaths or trails;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height or 25
square feet in area or block views to the shoreline from adjacent
properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided_
wherever—feasible they are designed to meet the minimum levee
profile;
i. Vehicle bridges, only if connecting public rights -of -way;
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Fire lanes when co- located with levee maintenance roads;
1. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
m. Water dependent uses and their structures, as long as there is no net
loss of shoreline ecological function;
n. Fences, provided the maximum height of a fence along the shoreline is
four feet and the fence does not extend waterward beyond the top of
the bank; chain link fences must by vinyl coated.
o. Existing essential streets, roads and rights of way may be maintained
or improved;
p. Outdoor storage, only in conjunction with a water dependent use.
q. Support facilities for above or below ground utilities or pollution
control, such as runoff ponds, filter systems, detention ponds and
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outfall facilities, provided they are located at or below grade and as far
from the OHWM as technically feasible;
r. Essential public facilities, both above and below ground; and
s. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
t. Patios, or decks not exceeding 18- inches in height, limited to a
maximum 200 square feet and 50% of the width of the river frontage.
Decks or patios must be located landward of the top of the bank and be
constructed to be pervious and of environmentally friendly materials.
2. Conditional Uses: Only the following may be allowed as a Conditional
Use in the Shoreline Residential buffer subject to the requirements,
procedures and conditions established by this program:
a. Dredging activities when in compliance with all federal and state
regulations, when necessary for navigation or remediation of
contaminated sediments.
b. Dredging for navigational purposes is permitted where necessary for
assuring safe and efficient accommodation of existing navigational
uses and then only when significant ecological impacts are minimized
and when mitigation is provided. Maintenance dredging of established
navigation channels and basins is restricted to maintaining previously
dredged and/or existing authorized location, depth and width.
Dredging of bottom materials for the purpose of obtaining fill material is
prohibited.
c. New private vehicle bridges.
B. Shoreline Residential Environment Uses
The Shoreline Residential Environment shall consist of the remaining area within the 200
foot shoreline jurisdiction that is not within the Shoreline Residential River Buffer. Uses
shall meet the purposes and criteria of the Shoreline Residential Development Zone as
established in the Shoreline Environment Designation section.
1. Permitted Uses: The Shoreline Residential Environment shall contain
residential, recreational and limited commercial uses and accessory uses as
allowed in the underlying zoning district. In addition, the Shoreline
Residential Environment shall allow the following uses:
a. All uses permitted in the Shoreline Residential River Buffer;
b. For non residential uses, parking/loading and storage facilities located
to the most upland portion of the property and adequately screened
and /or landscaped in accordance with the Vegetation Protection and
Landscaping section;
c. Railroad tracks; and
d. Public or private roads.
2. Conditional uses: All uses listed as conditional uses in the Shoreline Use
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Table subject to the requirements, procedures and conditions established by
this program,
8.3 Urban Conservancy Environment Uses
The Urban Conservancy Environment shall consist of the areas identified in the Shoreline
Environment Designations sections of this SMP. Uses shall meet the purposes and
criteria of the Urban Conservancy Environment established therein.
A. Urban Conservancy Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the Urban Conservancy
River Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent
uses, public access, recreation, flood control, channel management or
ecological restoration;
c. Public parks, recreation and open space
d. Public and /or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height and
25 square feet in area and views of the shoreline are not blocked from
adj acent properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall incorporate a-mid-
gctated bench meet the minimum levee profile wherever
feasible;
i. New vehicle bridges: permitted only if connecting public rights -of-
way; existing public or private vehicle bridges may be maintained or
replaced.
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and
enhancing pedestrian access along the river and for landscaping
purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization Section.
n. Existing essential streets, roads and rights of way may be maintained
or improved.
o. Water dependent commercial and industrial development, if permitted
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by the underlying zoning district;
p. Regional detention facilities that meet the City's Infrastructure Design
and Construction Standards along with their supporting elements such
as ponds, piping, filter systems and outfalls.
q. Support facilities for above or below ground utilities or pollution control,
such as runoff ponds, filter systems, detention ponds and outfall
facilities, provided they are located at or below grade and as far from the
OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Essential public facilities, both above and below ground.
t. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
2. Conditional Uses: Only the following may be allowed as a Conditional Use in
the Shoreline Urban Conservancy Environment buffer subject to the
requirements, procedures and conditions established by this program:
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when
significant ecological impacts are minimized and when mitigation is
provided;
b. Dredging for remediation of contaminated sediments when mitigation
is provided. Dredging of bottom materials for the purpose of obtaining
fill material is prohibited. Dredging activities must comply with all
federal and state regulations.
c. New private vehicle bridges.
B. Urban Conservancy Environment Uses
1. Permitted Uses: All uses permitted in the Urban Conservancy Environment
Buffer and /or the underlying zoning district may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses in the underlying zone
Shoreline Use Table may be allowed subject to the requirements, procedures
and conditions of this program.
8.4 Hish Intensity Environment Uses
The High Intensity Environment Buffer shall consist of the area identified in the Shoreline
Environment Designations section. Uses shall meet the purposes and criteria of established
therein.
A. High Intensity Environment Buffer Uses
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1. Permitted uses: The following uses are permitted in the High Intensity River
Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent
uses, public access, recreation, flood control, channel management or
ecological restoration;
c. Public parks, recreation and open space;
d. Public and/or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height and
25 square feet in area and no views of the shoreline are blocked from
adjacent properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall meet the minimum
levee profile berate a vegetated bench wherever feasible;
i. New vehicle bridges: permitted only if connecting public rights -of-
way; existing public or private vehicle bridges may be maintained or
replaced.
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and
enhancing pedestrian access along the river and for landscaping
purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
n. Existing essential streets, roads and rights of way may be maintained
or improved.
o. Water dependent commercial and industrial development, if permitted
by the underlying zoning district;
p. Regional detention facilities that meet the City's Infrastructure Design
and Construction Standards along with their supporting elements such
as ponds, piping, filter systems and outfalls.
q. Support facilities for above or below ground utilities or pollution control,
such as runoff ponds, filter systems, detention ponds and outfall
facilities, provided they are located at or below grade and as far from the
OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Essential public facilities, both above and below ground.
t. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
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2. Conditional Uses: Only the following may be allowed as a Conditional Use in
the Shoreline High Intensity Environment buffer subject to the requirements,
procedures and conditions of this program.
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when
significant ecological impacts are minimized and when mitigation is
provided;
b. Dredging for remediation of contaminated sediments when mitigation
is provided. Dredging of bottom materials for the purpose of obtaining
fill material is prohibited. Dredging activities must comply with all
federal and state regulations.
c. New private vehicle bridges.
B. Shoreline High Intensity Environment Uses
The Shoreline High Intensity Environment shall consist of the remaining area within the 200
foot shoreline jurisdiction that is not within the Shoreline High Intensity Environment
Buffer area. Uses shall meet the purposes and criteria of the Shoreline Environment
Designations section.
1. Permitted Uses: All uses permitted in the High Intensity Environment Buffer
and/or the underlying zoning district may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses in the Shoreline Use
Table underlying zone may be allowed subject to the requirements,
procedures and conditions established by this program.
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properties and on the river channel, be directed downward so as to illuminate
only the immediate area; and be shielded to eliminate direct off -site
illumination;
3. The general grounds need not be lighted;
4. The lighting is incorporated into a unified landscape and/or site plan.
9.4 Surface Water and Water Oualitv
The following standards apply to all shoreline development.
A. New surface water systems may not discharge directly into the river or streams
tributary to the river without pre- treatment to reduce pollutants and meet State water
quality standards.
B. Such pre- treatment may consist of biofiltration, oil /water separators, or other methods
approved by the City of Tukwila Public Works Department.
C. Shoreline development, uses and activities shall not cause any increase in surface
runoff, and shall have adequate provisions for storm water detention/infiltration.
D. Stormwater outfalls must be designed so as to cause no net loss of shoreline
ecological functions or adverse impacts where functions are impaired. New stormwater
outfalls or maintenance of existing outfalls must include shoreline restoration as part of
the project.
E. Shoreline development and activities shall have adequate provisions for sanitary
sewer.
F. Solid and liquid wastes and untreated effluents shall not be allowed to enter any
bodies of water or to be discharged onto shorelands.
G. The use of low impact development techniques is required, unless such techniques
conflict with other provisions of the SMP or are shown to not be feasible due to site
conditions.
H. Regional detention facilities shall be designed such that a fence is not required.
planted with native vegetation, designed to blend with the surrounding environment and
provide design features that serve both public and private use. such as an access road that
also can serve as a trail. The facility shall also be designed to locate access roads and
other impervious surfaces as far from the river as practical.
9.5 Flood Hazard Reduction
The following standards apply to all shoreline development.
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E. Shoreline Variance Permits Waterward of OHWM
1. Shoreline Variance permits for development and/or uses that will be located
either waterward of the ordinary high water mark or within any sensitive area
may be authorized only if the applicant can demonstrate all of the following:
A. Non conforming Uses
a. That the strict application of the bulk, dimensional or performance
standards set forth in this Master Program preclude all reasonable
permitted use of the property; and
b. That the proposal is consistent with the criteria established under D
above; and
c. The public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
2. In the granting of all variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area such that
the total of the variances would remain consistent with RCW 90.58.020 and
not cause substantial adverse effects to the shoreline environment.
3. Variances from the use regulations of the master program are prohibited.
14.5 Non conforming Development
Any preexisting lawful use of land that would not be allowed under the terms of this SMP
may be continued as an allowed, legal non conforming use, so long as that use remains
lawful, subject to the following:
1. No such non conforming use shall be enlarged, intensified, increased or
extended to occupy a greater use of the land, structure or combination of the
two, than was occupied at the effective date of adoption of this SMP;
2. No non conforming use shall be moved or extended in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective date of
adoption or amendment of this SMP;
3. If any such non conforming use ceases for any reason for a period of more
than 24 consecutive months, any subsequent use shall conform to the
regulations specified by this SMP for the shoreline environment in which such
use is located. Upon request of the owner, prior to the end of the 24
consecutive months and upon reasonable cause shown, the City Council may
grant an extension of time beyond the 24 consecutive months, per 14.5 C.
4. If a change of use is proposed to a use determined to be non conforming by
application of provisions in this SMP, the proposed new use must be a
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permitted use in the SMP or a use approved under a Conditional Use Permit
process. For purposes of implementing this section, a change of use
constitutes a change from one Permitted, Conditional Use category to another
such use category as listed within the zoning code.
5. A structure that is being or has been used for a nonconforming use may be used for a
different nonconforming use after demonstrating the following criteria have been met:
a. No reasonable alternative conforming use is practical;
b. The proposed use will be at least as consistent with the policies and provisions of
the SMP and as compatible with the uses in the area as the preexisting use;
c. The use or activity is enlarged, intensified, increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
d. The structure(s) associated with the non conforming use shall not be expanded in
a manner that increases the extent of the nonconformity;
e. The change in use will not create adverse impacts to shoreline ecological
functions and/or processes;
f. The applicant restores and or /enhances the entire shoreline buffer, including but
not limited to paved areas no longer in use on the property, to offset the impact of
the change of use per the vegetation management standards of this program. This
may include the restoration of paved areas to vegetated area if no longer in use;
and
g. se compli= with the conditional use permit criteria of this Program.
The preference is to reduce exterior uses in the buffer to the maximum extent possible.
B. Non conforming Structures
Where a lawful structure exists at the effective date of adoption of the SMP that could not
be built under the terms of the SMP by reason of restrictions on height, buffers or other
characteristics of the structure, it may be continued as an allowed, legal structure so long
as the structure remains otherwise lawful subject to the following provisions:
1. No such structure may be enlarged or altered in such a way that increases its
degree of nonconformity or increases its impacts to the functions and values
of the shoreline environment. Ordinary maintenance and repair of and
upgrades to a non conforming structure is permitted, including but not limited
to painting, roof repair and replacement, plumbing, wiring, mechanical
equipment repair /replacement, repaving and weatherization. These and other
alterations, additions or enlargements may be allowed as long as the work
done does not extend further into any required buffer, increase the amount of
impervious surface, or increase the impacts to the functions and values of the
shoreline environment. Complete plans shall be required of all work
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contemplated under this section.
2. Should such structure be destroyed by any accidental means the structure may
be reconstructed to its original dimensions and location on the lot provided
application is made for permits within twelve (12) months of the date the
damage occurred and all reconstruction is completed within two years of
permit issuance. In the event that the property is redeveloped, such
redevelopment must be in conformity with the provisions of this SMP.
3. Should such structure be moved for any reason or any distance whatsoever, it
shall thereafter conform to the regulations of this SMP after it is moved.
4. When a non conforming structure, or structure and premises in combination,
is vacated or abandoned for 24 consecutive months, the structure, or structure
and premises in combination, shall thereafter be required to be in conformance
with the regulations of the SMP. Upon request of the owner, prior to the end
of the 24 consecutive months, and upon reasonable cause shown, the City
Council may grant an extension of time beyond the 24 consecutive months per
14.5 C.
5. Residential structures and uses located in any single family or multiple family
residential zoning district and in existence at the time of adoption of this SMP
shall not be deemed nonconforming in terms of height, use, or location
provisions of this title. Such buildings may be rebuilt after a fire or other
natural disaster to their original dimensions, location and height, but may not
be changed except as provided in the non conforming uses section of this
chapter.
6. Single family structures in single- or multiple family residential zone districts,
which have legally non conforming setbacks from the OHWM per the SMP
buffer, shall be allowed to expand the ground floor only along the existing
building line(s), so long as the existing distance from the nearest point of the
structure to the OHWM is not reduced, and the square footage of new
intrusion into the buffer does not exceed 50% of the square footage of the
current intrusion. As a condition of buildine Hermit approval a landscape plan
showing removal of invasive plant species within the entire shoreline buffer
and replanting with appropriate native species must be submitted to the City.
Maintenance of these plantings through the establishment period is rcouircd
recommended.
7. Within the shoreline jurisdiction, existing structures that do not meet the
requirements of the SMP may be remodeled, altered. reconstructed or
replaced, provided that:
a. The new construction is within the original dimensions and location on
the lot;
b. The new construction does not further intrude into or adversely impact
the required buffer;
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c. The use or activity is enlarged, intensified, increased or altered only to
the minimum amount necessary to achieve the intended functional
purpose;
d. The reconstruction will not create adverse impacts to shoreline
ecological functions and /or processes;
e. For properties in non leveed portions of the river, the applicant re-
slopes the bank to a 2.5:1 or 3:1 angle as appropriate for the shoreline
environment designation and restores and /or enhances the entire shoreline
buffer, including but not limited to paved areas no longer in use on the
property. Where an existina building would prevent the re- sloping of the
bank to 2.5:1 or 3:1 as applicable. the applicant must re -slope to the extent
possible. remove invasive vegetation and re- vegetate according to the
provisions in section 9.10. For properties behind levees that do not meet
the minimum profile, restore and/or enhance the remaining buffer area and
remove invasive vegetation and plant with native vegetation on the levee
prism as permitted by the COE; and
f. The nropertv owner applies f:
Permit decision with public notice Shoreline Conditional Use Permit:
For the purposes of this section. alteration is defined as work that exceeds 50% of
the assessed valuation of the building over a three year period.
8. A non conforming —use, within a non conforming structure, shall not be
allowed to expand into any other portion of the structure.
C. Requests for Time Extension Nonconforming Uses and Structures
A property owner may request, prior to the end of the 24 consecutive months, an
extension of time beyond the 24 consecutive months. Such a request shall be
may be approved only when:
For a nonconforming use, a finding is made that no reasonable alternative
conforming use is practical;
2. For a nonconforming structure, special economic circumstances prevent
the lease or sale of said structure within 24 months; and
3. The applicant restores and/or enhances the shoreline buffer on the property
to offset the impact of the continuation of the pre- existing use. For
nonconforming uses, the amount of buffer to be restored and/or enhanced
will be determined based on the percentage of the existing building used
by the nonconforming use for which a time extension is being requested.
Depending on the size of the area to be restored and/or enhanced, the
Director may require targeted plantings rather than a linear planting
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arrangement. The vegetation management standards of this Program shall
be used for guidance on any restoration/enhancement. For nonconforming
structures, for each six month extension of time requested, 15% of the
available buffer must be restored/enhanced.
Conditions may be attached to the permit that are deemed necessary to assure
compliance with the above findings, the requirements of the master program and
the Shoreline Management Act and to assure that the use will not become a
nuisance or a hazard.
D. Building Safety
Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a safe
condition of any non conforming building or part thereof declared to be unsafe by
order of any City official charged with protecting the public safety.
1. Alterations or expansion of a non conforming use structure. that are required
by law or a public agency in order to comply with public health or safety
regulations are the only alterations or expansions allowed.
2. Alterations or expansions permitted under this section shall be the minimum
necessary to meet the public safety concerns.
E. Non conforming Parking Lots
1. Nothing contained in this SMP shall be construed to require a change in any
aspect of a structure or facility covered thereunder including, without
limitation, parking lot layout, loading space requirements and curb -cuts, for
any structure or facility which existed on the date of adoption of this SMP.
2. If a change of use takes place, or an addition is proposed, which requires an
increase in the parking area by an increment less than 100 the requirements
of the SMP shall be complied with for the additional parking area.
3. If a change of use takes place, or an addition is proposed, which requires an
increase in the parking area by an increment greater than 100 the
requirements of the SMP shall be complied with for the entire parking area.
F. Non conforming Landscape Areas
1. Adoption of the vegetation protection and landscaping regulations contained
in this SMP shall not be construed to require a change in the landscape
improvements for any legal landscape area which existed on the date of
adoption of this SMP, unless and until the property is redeveloped or
alteration of the existing structure beyond the thresholds provided herein.
2. At such time as the property is redeveloped or the existing structure is altered
beyond the thresholds provided herein and the associated premises does not
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comply with the vegetation protection and landscaping requirements of this
SMP, a landscape plan which conforms to the requirements of this SMP shall
be submitted to the Director for approval.
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