The following standards in this section apply to all development, uses and activities within the shoreline jurisdiction that are commenced, constructed, altered or expanded after the effective date of this shoreline master program.
A development, activity or use that meets the exemption criteria of WAC 173-27-040(2), RCW 98.58.030(3)(e), 90.58.140(9), 90.58.147, or 90.58.515, and is a permitted development, activity or use in the relevant shoreline environment, shall be exempt from the requirement to obtain a shoreline substantial development permit, following issuance of an exemption letter from the planning director pursuant to Section 16.09.060. An exempted development or use shall comply with all other requirements of this master program, the zoning code, and other relevant provisions of the city code, as well as federal and state law.
B.
All shoreline uses and development shall be located and designed in a manner that ensures no net loss of shoreline ecological functions and minimizes adverse impacts to natural shoreline resources and wildlife habitat, including fish and aquatic habitat.
C.
All shoreline development and uses impacting ecological functions shall be mitigated according to the mitigation sequence established in WAC 173-26-201(2)(e), except as otherwise specified in this chapter. This mitigation sequence requires that potential impacts shall first be avoided if possible; if avoidance is not possible, the anticipated impact shall be minimized; and any impacts that remain after reviewing for avoidance and minimization shall be offset through compensatory mitigation.
D.
Shoreline development and uses shall be approved according to the following priority: water-dependent, water-related, water-enjoyment, non-water-oriented.
E.
Where specific regulations for a proposed development, activity or use are not provided, the development, activity or use shall utilize best management practices to minimize any adverse impacts to water quality and natural shoreline resources.
F.
Disruption of natural shoreline resources, including clearing and grading, tree removal, and erosion protection, shall be the minimum necessary to accommodate the approved use or activity.
G.
In evaluating permit applications for proposed development, activities or uses along the shoreline, the city shall consider the long-term and regional effects of the proposal on natural shoreline resources and the ability of future generations to enjoy and use the shoreline. Any negative long-term and regional effects shall be mitigated in accordance with the mitigation sequencing requirements of Section 16.08.130. Failure to comply with the mitigation sequencing requirements may result in permit denial.
H.
New development shall be located and designed to avoid the need for future shoreline stabilization to the extent feasible.
I.
New development must have adequate access, utilities and public services.
J.
When development, activities or uses are proposed on a property or properties that are partially located in the city’s shoreline jurisdiction, the relevant shoreline permit or exemption application and any other required applications shall address the entire property or properties and the complete development proposal, both inside and outside of the shoreline jurisdiction. The applicant shall address protection of shoreline resources from nonshoreline activities and development, impacts of proposed nonshoreline land uses on protected critical areas and buffers, including the area within the shoreline buffer and setback area, and indicate any potential incompatibilities between proposed nonshoreline and shoreline uses.
K.
Proposals for new and expanded shoreline development and uses shall be evaluated for cumulative impacts to shoreline values and functions, per WAC 173-26-201(3)(d)(iii).
L.
A development, activity or use that meets the exemption criteria of RCW 90.58.355 and WAC 173-27-044, such as, but not limited to, WSDOT facility maintenance and safety improvements or site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a National Pollutant Discharge Elimination System stormwater general permit, are not subject to any local government review and are not required to obtain a shoreline substantial development permit or exemption.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.120; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)