This chapter shall apply to all use and development activities within the shoreline.
(Ord. 2002 § 4 (Exh. B), 2019)
A.
Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use, including cumulative impacts. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance.
B.
An application for any permit or approval shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions, including cumulative impacts. Mitigation shall occur in the following prioritized order:
1.
Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action outside the shoreline area.
2.
Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts.
3.
Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment.
4.
Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action.
5.
Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments. Preference shall be given to measures that replace the impacted functions on site or in the immediate vicinity of the impact. However, alternative compensatory mitigation within the watershed that addresses limiting factors or identified critical needs for shoreline resource conservation based on watershed or comprehensive resource management plans may be authorized.
6.
Monitoring the adverse impact and taking appropriate corrective measures.
Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the shoreline master program and the Act, including demonstrating all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions.
(Ord. 2002 § 4 (Exh. B), 2019)
A.
Critical areas located in shoreline jurisdiction shall be regulated under the Shoreline Management Act in accordance with the provisions of this master program. Critical areas include wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas. The city's critical areas ordinance (Ord. 2019-2002, dated May 28, 2019, including the flood control ordinance No. 1639, dated 2006) at PMC Title 23 is hereby incorporated by reference and considered part of the master program with the following exceptions to apply within shoreline jurisdiction:
• PMC § 23.10.030, Definitions – SMP definitions shall prevail; |
• PMC § 23.10.070, Exemptions – activities that may be exempt from the CAO shall still comply with all applicable provisions of this master program; |
• PMC § 23.10.140, Variances – variances, including reasonable use exceptions, shall be processed as a shoreline variance permit; |
Wetlands.
• PMC § 23.20.010, Designation – identification and designation of wetlands and delineation of their boundaries shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements; |
• PMC § 23.20.020, Rating – ratings shall be according to the Washington State Wetlands Rating System for Western Washington – 2014 Update (Ecology Publication No. 14-06-029, October 2014); |
• PMC § 23.20.040, Substantive requirements – |
o (B) Standard buffer widths shall be: see PMC § 23.20.045. |
o (E) See PMC § 23.20.045. |
o (F) Reduction of the standard buffer width shall be limited to no more than 25 percent, so that three-quarters of the standard width is retained (see PMC § 23.20.045). |
o (G) Allowed stormwater management facilities shall be limited to stormwater dispersion outfalls and bioswales only, and only in the outer 25 percent of the buffer for Category III and IV wetlands. |
• PMC § 23.20.050 Mitigation – |
(A) Mitigation for alterations to wetlands may be by restoring former wetlands, creating wetlands, or enhancing degraded wetlands, consistent with the mitigation ratios and credit-debit method of the Wetland Guidance for CAO Updates: Western Washington Version (Ecology Publication No. 16-06-001, June 2016), Subsection XX.070, and PMC § 23.20.050(B) to (E). |
• PMC § 23.20.060, Provisions for small wetlands within shoreline jurisdiction. |
• PMC § 23.20.070, Wetland buffer averaging. |
(Ord. 2002 § 4 (Exh. B), 2019)
In addition to the standards of PMC Title 23, the following shall apply:
A.
A vegetation management plan shall be required for all critical area buffer areas within SMA jurisdiction to include:
1.
Maintaining adequate cover of native vegetation including trees and understory. If a portion of the buffer has been cleared, or if tree cover is substantially less than a native climax mixed evergreen and deciduous planting, supplemental plantings shall be required.
2.
Providing a dense screen of native evergreen trees at the perimeter of the buffer. If existing vegetation is not sufficient to prevent viewing adjacent development from within the buffer, planting shall be required equivalent to two rows of three-foot-high stock of native evergreens at a triangular spacing of 15 feet, or three rows of gallon containers at a triangular spacing of eight feet. Fencing may be required if needed to block headlights or other sources of light or to provide an immediate effective visual screen.
3.
Providing a plan for control of invasive weeds, and removing existing invasive species.
4.
Providing for a monitoring and maintenance plan for a period of at least five years. This provision may be waived for single-family residential lots.
B.
In cases where approved development results in unavoidable adverse impacts to existing shoreline vegetation, mitigation shall be required to ensure that there will be no net loss in the ecological functions performed. Mitigation shall take place on site to the maximum extent feasible. Mitigation plans shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule that assures completion prior to occupancy has been approved by the director.
C.
Lawns and other nonnative vegetation maintained within shoreline jurisdiction shall minimize use of chemical fertilizers, pesticides, herbicides, or other similar substances. Such chemical treatments shall not be applied within 10 feet of the OHWM. Applications in solid time release form shall be preferred over liquid or concentrate application. Best management practices (BMPs) shall be implemented in all chemical applications.
(Ord. 2002 § 4 (Exh. B), 2019)
A.
Type of Development Requiring Public Access. Physical public access shall be provided for the following development in the shoreline area, subject to the criteria in this section:
1.
Any new development that would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of this program.
2.
Water-dependent uses and developments that increase public use of the shorelines and public aquatic lands, or that would impair existing legal access opportunities, or that utilize public harbor lands or aquatic lands, or that are developed with public funding or other public resources.
3.
Where a use is not a priority use under the Act, and all non-water-dependent development and uses.
4.
Any non-single-family development or use, or more than four single-family residential lots or single-family dwelling units, including subdivision, within a proposal or a contiguously owned parcel.
5.
Any use of public aquatic lands, except as related to single-family residential use of the shoreline.
6.
Publicly financed or subsidized flood control or shoreline stabilization measures.
B.
Interference with Public Access.
C.
Design Criteria for Public Access. Public access shall incorporate the following location and design criteria:
1.
Proximity to Water's Edge. Design of public access shall provide the general public with opportunity to reach, touch, view, and enjoy the water's edge and shall be as close horizontally and vertically to the shoreline's edge as feasible; provided, that public access does not adversely affect sensitive ecological features or lead to an unmitigated reduction in ecological functions.
2.
Walkways or Trails Required in Vegetated Buffers. Public access on sites where vegetated open space is provided along the shoreline shall consist of a public pedestrian walkway roughly parallel to the ordinary high water mark of the property. The walkway shall be buffered from sensitive ecological features, may be set back from the water's edge, and may provide limited and controlled access to sensitive features and the water's edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological features and where appropriate. Trails shall be constructed of permeable materials and limited to four to six feet in width to reduce impacts to ecologically sensitive resources.
3.
Access Requirements for Sites without Vegetated Buffers. Public access on sites or portions of sites not including vegetated open space, such as water-dependent uses, shall include:
a.
Not less than 10 percent of the developed area within shoreline jurisdiction or 3,000 square feet, whichever is greater, on developments including non-water-dependent uses.
b.
For water-dependent uses, the amount and location may be varied in accordance with the criteria in subsection A of this section.
c.
Public access facilities shall extend along the entire water frontage, unless such facilities interfere with the functions of water-dependent uses. The minimum width of public access facilities shall be 10 feet and shall be constructed of materials consistent with the design of the development.
4.
Facilities addressed in the city transportation plan shall be developed in accordance with the standards of that plan.
5.
Access Requirements for Over-Water Structures. Public access on over-water structures on public aquatic lands shall be provided, and may include common use of walkway areas.
6.
Connections. Public access shall be located adjacent to other public areas, accesses, and trails, connected to the nearest public street, and include provisions for handicapped and physically impaired persons where feasible.
7.
Parking Requirements. Where public access is within 400 feet of a public street, on-street public parking shall be provided where feasible. For private developments required to provide more than 20 parking spaces, public parking may be required in addition to the required parking for the development at a ratio of one space per 1,000 square feet of public access area up to three spaces and at one space per 5,000 square feet of public access area for more than three spaces. Parking for public access shall include the parking spaces nearest to the public access area and may include handicapped parking if the public access area is handicapped accessible.
8.
Planned Trails. Where public trails are indicated on the city's transportation, park, or other plans, trails shall be provided within shoreline and nonshoreline areas of a site.
9.
Privacy. Design shall minimize intrusions on privacy of adjacent use by avoiding locations adjacent to residential windows and/or private open spaces, or by screening or other separation techniques.
10.
Public Access Required for Occupancy. Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity, or in accordance with other provisions for guaranteeing installation through a monetary performance assurance.
11.
Easement Recorded. Public access provisions on private land shall run with the land and be recorded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instruments shall be recorded prior to the time of building occupancy or plat recording, whichever comes first.
12.
Maintenance Responsibility. Maintenance of the public access facility shall be the responsibility of the owner unless otherwise accepted by a public or nonprofit agency through a formal recorded agreement. Public access facilities shall be maintained over the life of the use or development. Future actions by successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements.
13.
Hours of Access. Public access facilities shall be available to the public 24 hours per day unless an alternate arrangement is granted though the initial shoreline permitting process for the project. Changes in access hours proposed after initial permit approval shall be processed as a shoreline conditional use.
14.
Signage Required. The standard state-approved logo or other approved signs that indicate the public's right of access and hours of access shall be installed and maintained by the owner. Such signs shall be posted in conspicuous locations at public access sites and at the nearest connection to an off-site public right-of-way.
D.
Public Access Guidelines by Reach. Public access shall incorporate the following location and design criteria:
Public access for new or substantially altered development shall comply with the following guidelines:
Reach A public access shall be in the form of a trail parallel to the shoreline at such time as the existing mobile home park redevelops. Such access shall be connected with the sidewalk on A Street and also connected to the north with the existing soft surface trail along the White River Estates Mobile Home Park. The location of public access will depend on the extent to which water-dependent uses are developed on the site. A viewing platform near the OHWM at an elevation above flood stage should be provided.
Reach B is a developed single-family subdivision. A viewing platform at the extension of Skinner Road near the OHWM at an elevation above flood stage should be provided. It is unlikely that public access can be provided on individual lots. If the area is resubdivided in the future, public access should be provided in accordance with standards in subsection A of this section. If the existing flood control revetment is modified in the future, safe public access should be incorporated in the design.
Reach C consisting of the city of Pacific park should continue to provide public access near the land-water interface. If future shoreline ecological restoration takes place, modification of the location of the trail in accordance with subsection A of this section should be considered. The city should evaluate whether a hard surface trail is desirable to provide more flexible access for bicycles and the mobility impaired.
Reach D should provide public access along the existing maintenance road. At such time that existing flood control facilities are modified, a formal public access plan shall be developed for the area between the OHWM and the flood control levees or other facilities. Connections should be provided to White River Drive and other public streets.
Reach E should provide public access along the existing maintenance road. At such time that existing flood control facilities are modified, a formal public access plan shall be developed for the area between the OHWM and the flood control levees or other facilities. This access should be extended to Stewart Road by a bridge over the Government Ditch and the channel that connects the wetland to the south of the ditch to the river. Provision of public parking adjacent to Stewart Road SE or Butte Avenue SE should be considered.
Reaches F and G should provide public access along the existing maintenance road. At such time that existing flood control facilities are modified, a formal public access plan shall be developed for the area between the OHWM and the flood control levees or other facilities to connect to Stewart Road. Safe pedestrian access across the BNSF Railroad to A Street SE should be provided.
E.
Modification of Public Access Requirements. The requirements for public access may be modified as a shoreline conditional use for any application in which the following criteria are demonstrated to be met. In cases where a substantial development permit is not required, use of this waiver or modification may take place only through a shoreline variance. As a condition of waiver or modification of access requirements, contribution to off-site public access shall be required.
Modification of public access requirements may be approved only when:
1.
Unavoidable health or safety hazards to the public will occur;
2.
Inherent security requirements of the use cannot be satisfied;
3.
The cost of providing the access, or mitigating the impacts of the access, is unreasonably disproportionate to the total long-term development and operational cost over the life span of the proposed development;
4.
Significant unavoidable environmental impacts will result from the public access; or
5.
Significant unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur.
6.
Prior to determining that public access is not required, all reasonable alternatives and mitigation options must be pursued, including but not limited to: regulating access, designing separation of uses and activities, and providing for specific facilities for public visual access.
(Ord. 2002 § 4 (Exh. B), 2019)
General. Shoreline use and development activities shall be designed and operated to allow the public's visual access to the water and shoreline and maintain shoreline scenic and aesthetic qualities that are derived from natural features, such as shore forms and vegetative cover.
A.
Maximum Building Height. Buildings shall be limited to a height of no more than 30 feet above average finished grade level and should be located so as to protect scenic views except at locations specified in shoreline bulk standards Table 21.20.090(1).
B.
Lighting. Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure and on light levels of fixtures, light shields, and screening.
C.
Integration and Screening of Mechanical Equipment. Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment.
D.
Walkway and Stair Width. Private walkways and stairs located within shoreline vegetated buffers shall not exceed four feet in width. Where ADA requirements apply, such facilities may be increased to six feet in width. Public trail widths shall be limited to the minimum necessary to serve the public use for which they are designated.
E.
Community Disturbances. Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans, and their impacts avoided or mitigated.
F.
Selective Pruning of Trees. The pruning of trees for safety and view protection and removal of noxious weeds is only authorized in accordance with provisions of WAC 173-26-221(5)(c).
(Ord. 2002 § 4 (Exh. B), 2019)
Shoreline development and use shall incorporate measures to protect and maintain surface and ground water quantity and quality in accordance with all applicable laws. Appropriate vegetation restoration and conservation actions shall be undertaken consistent with regulations under PMC Title 23, Critical Areas.
A.
General Guidelines for Water Quality.
1.
Development within the city's shoreline shall conform to all requirements in the city's comprehensive stormwater plan, stormwater standards, comprehensive plan, and flood hazard areas regulations.
2.
The construction of new outfalls into water bodies and improvements to existing facilities shall comply with all appropriate federal, state, and city regulations for water quality.
3.
Water discharged to rivers shall receive appropriate treatment as provided by stormwater management standards and shall not present a thermal or other barrier to fish migration.
4.
Stormwater ponds, basins, and vaults shall be located as far from the water's edge as feasible and shall minimize disturbance of vegetation conservation buffers.
B.
Management of Chemicals. Use of pesticides, herbicides, and fertilizers in or near shoreline jurisdiction shall conform to the following:
1.
Pesticides applied using aerial spraying techniques within the shoreline jurisdiction, including over water bodies or wetlands, shall be prohibited unless specifically permitted under the Washington Departments of Agriculture or Ecology.
(Ord. 2002 § 4 (Exh. B), 2019)
The city will work with tribal, state, federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of applicable state and federal laws protecting such information from general public disclosure. Detailed cultural assessments may be required in areas with undocumented resources based on the probability of the presence of cultural resources.
A.
Coordination Encouraged. Owners of property containing identified or probable historical, cultural, or archaeological sites are encouraged to coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources.
B.
Detailed Cultural Assessments Required. Upon receipt of application for a development in an area of known or probable cultural resources, the city shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups.
C.
Work to Stop upon Discovery. If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the director. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The reviewing official shall provide for a site investigation by a qualified professional and may provide for avoidance, or conservation of the resources, in coordination with appropriate agencies.
D.
Access for Educational Purposes Encouraged. Land owners are encouraged to provide access to qualified professionals and, where appropriate, to the general public for the purpose of public education related to a cultural resource identified on a property.
(Ord. 2002 § 4 (Exh. B), 2019)
The following table determines which shoreline modifications and shoreline uses are allowed or prohibited in each shoreline environment; provided, that uses allowed in the aquatic environment are those allowed in the adjacent upland environment, limited to water-dependent use, ecological enhancement, and those transportation and utility facilities and essential public facilities for which no alternative location is feasible.
Except for the land uses prohibited in this table, land uses allowed in the underlying zoning are allowed in this overlay district, subject to the preference for water-oriented uses and subject to specific criteria for uses included in these regulations.
Land uses in the underlying zoning that require a conditional use permit in the underlying zoning, require a shoreline conditional use permit.
If a use is prohibited in the underlying zoning district, it is also prohibited in the shoreline.
Key: X = Prohibited, P = Permitted, CU = Conditional Use Permit
Table 21.20.080(1) | ||||
|---|---|---|---|---|
Urban Conservancy | Shoreline Residential | Shoreline Recreation | Shoreline Commercial | |
Low Intensity Scientific, Cultural, Historic, or Educational Use | P | P | P | P |
Fish and Wildlife Resource Enhancement | P | P | P | P |
Accessory Dwelling Units | CU4 | CU | X | X |
Adult Day Care I | X | CU | X | X |
Adult Family Home | P4 | P4 | X | X |
Agriculture | P6 | X | X | X |
Aquaculture and Fish Hatcheries | CU | X | X | CU |
Boat Launches | P | X | P | CU |
Commercial Retail Uses | X | X | X | P3 |
Community and Cultural Services | CU | CU | CU | CU |
Dredging | CU | CU | CU | CU |
Dwellings, Single-Family Detached | P4 | P4 | X | P4 |
Dwellings, Multifamily | X | X | X | X |
Eating and Drinking Uses | X | X | X | P3 |
Educational Facilities | X | CU | X | CU |
Essential Public Facilities | CU | CU | CU | CU |
Golf Courses | X | CU | X | X |
Group Homes | X | X | X | X |
Health Services | X | X | X | CU |
Home Occupations | P1 | P1 | X | CU |
Heavy Industrial Use | X | X | X | X |
Light Industrial Use | X | X | X | P1 |
Lodging | X | X | X | CU |
Mining | X | X | X | P4 |
Office Uses | X | X | X | CU |
Parking Areas Serving Primary Use within the Shoreline | P3 | P3 | P3 | P3 |
Parking Areas Not Serving Primary Use within the Shoreline | X | X | X | X |
Parks, Neighborhood | P1 | P1 | P1 | CU |
Parks, Regional/Community | P1 | P1 | P1 | X |
Passive Recreation | P1 | P1 | P1 | P1 |
Piers/Docks | X | X | X | X |
Recreation Facilities in Buildings | P1 | P1 | P1 | X |
Marinas | X | X | X | X |
Motor Vehicles and Related Equipment Sales/Rental/Repair and Services | X | X | X | X |
Structures for Floodway Management, Including Drainage or Storage and Pumping Facilities | P5 | P5 | P5 | P5 |
Transportation Facilities – Vehicular – Serving Uses within the Shoreline | CU | P3 | P3 | P3 |
Transportation Facilities – Vehicular – Serving Uses outside the Shoreline | CU | CU | CU | CU |
Trails, Public Pedestrian and Bicycle Not Including Over-Water Trails | P5 | P5 | P5 | P5 |
Trails, Over-Water | CU | CU | CU | CU |
Utilities That Serve Uses within the Shoreline | P3 | P3 | P3 | P3 |
Utilities That Serve Uses outside the Shoreline | CU | CU | CU | CU |
Uses Not Specified | CU | CU | CU | CU |
Table Notes: |
P1: Provided that the use does not degrade the ecological functions or natural character of the shoreline area. |
P2: Use is allowed, but structures shall not be placed within the shoreline jurisdiction. |
P3: Allowed only to serve approved or conditional uses, but should be located outside of shoreline jurisdiction if feasible. |
P4: Limited to existing structures or uses on existing lots. |
P5: Subject to criteria for establishment and design of use, including assessment of the need for a shoreline location and analysis of nonshoreline configurations. |
P6: Existing use is permitted, but new use is subject to a shoreline conditional use permit. |
P7: Only allowed if the use is water-dependent. |
(Ord. 2002 § 4 (Exh. B), 2019)
The following table determines bulk standards in each shoreline environment:
Table 21.20.090(1) | ||||
|---|---|---|---|---|
Urban Conservancy | Shoreline Residential | Shoreline Recreation | Shoreline Commercial | |
Structure Setback from Ordinary High Water Mark (OHWM) – Minimum | ||||
Water-Dependent Use | 100 ft.1 | None1 | None1 | None1 |
Water-Related or Water-Enjoyment Use | Equal to the critical area buffer plus 10 feet2 | |||
Non-Water-Oriented Use | Equal to the critical area buffer plus 10 feet2 | |||
Front Yard, Side Yard, and Rear Yard Setbacks | Governed by the underlying zoning | |||
Impervious Area within 100 Feet of OHWM – Maximum3 | 10% | 30% | 10% | 20% |
Lot Coverage for Buildings4 | 10% | 30% | 10% | 30% |
Maximum Building Height5 | 30 ft. | 30 ft. | 30 ft. | 30 ft. |
1 Setback shall be the maximum determined by the specific needs of the water-dependent use and shall not apply to a structure housing any other use. |
2 Water-oriented uses may be established closer to the OHWM only in cases where the critical areas buffer is varied in accordance with PMC § 23.10.130(G) and shall be no closer than 50 feet. |
3 Up to five percent additional impervious surface is allowed in buffers for private access to the shoreline on a pathway up to four feet wide. |
4 No building coverage is allowed in critical area buffers. |
5 Additional height may be allowed by conditional use permit if essential to the function of a water-dependent use. |
(Ord. 2002 § 4 (Exh. B), 2019)