Drafter
Clerk 11/30/2010
title
AN ORDINANCE relating to adopting the shoreline master program, amending Ordinance 263, Article 2, Section 1, as amended, and K.C.C. 20.12.010, Ordinance 3692, Section 2, and K.C.C. 20.12.200, Ordinance 13147, Section 19, as amended, and K.C.C. 20.18.030, Ordinance 13147, Section 20, as amended, and K.C.C. 20.18.040, Ordinance 13147, Section 21, as amended, and K.C.C. 20.18.050, Ordinance 3688, Section 813, and K.C.C. 25.32.130, Ordinance 13687, Section 3, and K.C.C. 2|1013|.32.140, Ordinance 13687, Section 4, and K.C.C. 25.32.150, Ordinance 13687, Section 7, and K.C.C. 25.32.180, Ordinance 3688 Ch. 2 (part), as amended, and K.C.C. 25.08.010, Ordinance 3688, Section 104, and K.C.C. 25.04.040, Ordinance 3688, Section 215, and K.C.C. 25.08.160, Ordinance 3688, Section 105, as amended, and K.C.C. 25.04.050, Ordinance 3688, Section 303, and K.C.C. 25.12.030, Ordinance 3688, Section 302, and K.C.C. 25.12.020, Ordinance 3688, Section 305, and K.C.C. 25.12.050, Ordinance 3688, Section 506, as amended, and K.C.C. 25.20.060, Ordinance 3688, Section 415, and K.C.C. 25.16.200, Ordinance 3688, Section 413, as amended, and K.C.C. 25.16.180, Ordinance 3688, Section 409(4), as amended, and K.C.C. 25.16.120, Ordinance 3688, Section 414, as amended, and K.C.C. 25.16.190, Ordinance 3688, Section 410, as amended, and K.C.C. 25.16.150, Ordinance 3688, Section 411, and K.C.C. 25.16.160, Ordinance 3688, Section 408, and K.C.C. 25.16.080, Ordinance 3688, Section 801, and K.C.C. 25.32.010, Ordinance 3|1013|88, Section 802, and K.C.C. 25.32.020, Ordinance 3688 Section 806, and K.C.C. 25.32.060, Ordinance 3688, Section 810, and K.C.C. 25.32.100, Ordinance 3688, Section 208, and K.C.C. 25.08.090, Ordinance 3688, Section 209, and K.C.C. 25.08.100, Ordinance 573|1013|, Section 1, and K.C.C. 25.08.175, Ordinance 3688, Section 218, and K.C.C. 25.08.190, Ordinance 3688, Section 220, and K.C.C. 25.08.210, Ordinance 3688, Section 222, and K.C.C. 25.08.230, Ordinance 3688, Section 224, and K.C.C. 25.08.250, Ordinance 3688, Section 228, and K.C.C. 25.08.290, Ordinance 3688, Section 234, and K.C.C. 25.08.370, Ordinance 3688, Section 201, and K.C.C. 25.08.020, Ordinance 3688, Section 237, and K.C.C. 25.08.400, Ordinance 3688, Section 247, and K.C.C. 25.08.460, Ordinance 3688, Section 251, and K.C.C. 25.08.480, Ordinance 3688, Section 248, and K.C.C. 25.08.470, Ordinance 3688, Section 246, and K.C.C. 25.08.490, Ordinance 3688, Section 249, and K.C.C. 25.08.510, Ordinance 3688, Section 255, and K.C.C. 25.08.570, Ordinance 3688, Section 257, and K.C.C. 25.08.590, Ordinance 3688, Section 258, and K.C.C. 25.08.600, Ordinance 13130, Section 3, as amended, and K.C.C. 21A.32.045, Ordinance 3688, Section 804, as amended, and K.C.C. 25.32.040, Ordinance 3688, Section 805, and K.C.C. 25.32.|1013|50, Ordinance 10870, Section 631, and K.C.C. 21A.50.030, Ordinance 15051, Section 137, and K.C.C. 21A.24.045, Ordinance 15051, Section 139, and K.C.C. 21A.24.055 and Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, creating a new chapter in K.C.C. Title 21A, adding new sections to K.C.C. Title 21A, decodifying Ordinance 11622, Section 1, and K.C.C. 7.02.010, Ordinance 11622, Section 1, and K.C.C. 23.02.020 and repealing Ordinance 3688, Section 102, and K.C.C. 25.04.020, Ordinance 11622, Section 1, and K.C.C. 25.04.025, Ordinance 3688, Section 106, and K.C.C. 25.04.060, Ordinance 12196, Section 58, as amended, and K.C.C. 25.08.015, Ordinance 3699, Section 203, and K.C.C. 25.08.040, Ordinance 3688, Section 204, and K.C.C. 25.08.050, Ordinance 3688, Section 205, and K.C.C. 25.08.060, Ordinance 3688, Section 206, and K.C.C. 25.08.070, Ordinance 3688, Section 207, and K.C.C. 25.08.080, Ordinance 3688, Section 210, and K.C.C. 25.08.110, Ordinance 3688, Section 211, and K.C.C. 25.08.120, Ordinance |1013|688, Section 212, and K.C.C. 25.08.130, Ordinance 3688, Section 213, and K.C.C. 25.08.140, Ordinance 13687, Section 1, as amended, and K.C.C. 25.08.150, Ordinance 3688, Section 216, and K.C.C. 25.08.170, Ordinance 3688, Section 217, and K.C.C. 25.08.180, Ordinance 5734, Section 1, and K.C.C. 25.08.185, Ordinance 3688, Section 221, and K.C.C. 25.08.220, Ordinance 3688, Section 223, and K.C.C. 25.08.240, Ordinance 3688, Section 225, and K.C.C. 25.08.260, Ordinance 3688, Section 227, and K.C.C. 25.08.280, Ordinance 5734, Section 1, and K.C.C. 25.08.285, Ordinance 4222, Section 2, and K.C.C. 25.08.300, Ordinance 3688, Section 229, and K.C.C. 25.08.310, Ordinance 3688, Section 230, and K.C.C. 25.08.320, Ordinance 3688, Section 231, and K.C.C. 25.08.330, Ordinance 3688, Section 232, and K.C.C. 25.08.340, Ordinance 3688, Section 235, and K.C.C. 25.08.360, Ordinance 3688, Section 236, and K.C.C. 25.08.380, Ordinance 3688, Section 238, and K.C.C. 25.08.390, Ordinance 3688, Section 239, and K.C.C. 25.08.410, Ordinance 3688, Section 240, and K.C.C. 25.08.420, Ordinance 3688, Section 241, and K.C.C. 25.08.430, Ordinance 3688, Section 243, and K.C.C. 25.08.450, Ordinance 3688, Section 252, and K.C.C. 25.08.500, Ordinance 3688, Section 244, and K.C.C. 25.08.530, Ordinance |1013|688, Section 245, and K.C.C. 25.08.540, Ordinance 3688, Section 253, and K.C.C. 25.08.550, Ordinance 3688, Section 254, and K.C.C. 25.08.560, Ordinance 5734, Section 1, and K.C.C. 25.08.565, Ordinance 3688, Section 256, and K.C.C. 25.08.580, Ordinance 127|1013|0, Section 1, and K.C.C. 25.08.604, Ordinance 3688, Section 259, and K.C.C. 25.08.610, Ordinance 3688, Section 304, and K.C.C. 25.12.040, Ordinance 3688, Section 401, and K.C.C. 25.16.010, Ordinance 3688, Section 402, and K.C.C. 25.16.020, Ordinance 3688, Section 403, as amended, and K.C.C. 25.16.030, Ordinance 3688, Section 404, and K.C.C. 25.16.040, Ordinance 3688, Section 405, and K.C.C. 25.16.050, Ordinance 3688, Section 406, and K.C.C. 25.16.060, Ordinance 3688, Section 407, and K.C.C. 25.16.070, Ordinance 3688, Section 409(1), as amended, and K.C.C. 25.16.090, Ordinance 3688, Section 409(2), as amended, and K.C.C. 25.16.100, Ordinance 3688, Section 409(3), and K.C.C. 25.16.110, Ordinance 3688, Section 409(5), and K.C.C. 25.16.130, Ordinance 3688, Section 409(6), as amended, and K.C.C. 25.16.140, Ordinance 3688, Section 412, and K.C.C. 25.16.170, Ordinance 3688, Section 501, and K.C.C. 25.20.010, Ordinance 3688, Section 502, and K.C.C. 25.20.020, Ordinance 3688, Section 503, as amended, and K.C.C. 25.20.030, Ordinance 3688, Section 504, and K.C.C. 25.20.040, Ordinance 3688, Section 505, and K.C.C. 25.20.050, Ordinance 3688, Section 507, and K.C.C. 25.20.070, Ordinance 3688, Section 508, and K.C.C. 25.20.080, Ordinance 3688, Section 509, as amended, and K.C.C. 25.20.090, Ordinance 3688, Section 510, as amended, and K.C.C. 25.20.100, Ordinance 3688, Section 511, and K.C.C. 25.20.110, Ordinance 3688, Section 512, and K.C.C. 25.20.120, Ordinance 3688, Section 513, and K.C.C. 25.20.130, Ordinance 3688, Section 514, as amended, and K.C.C. 25.20.140, Ordinance 3688, Section 515, and K.C.C. 25.20.150, Ordinance 3688, Section 601, and K.C.C. 25.24.010, Ordinance 3688, Section 602, and K.C.C. 25.24.020, Ordinance 3688, Section 603, as amended, and K.C.C. 25.24.030, Ordinance 3688, Section 604, and K.C.C. 25.24.040, Ordinance 3688, Section 605, and K.C.C. 25.24.050, Ordinance 3688, Section 606, and K.C.C. 25.24.060, Ordinance 3688, Section 607, and K.C.C. 25.24.070, Ordinance 3688, Section 608, as amended, and K.C.C. |1013|5.24.080, Ordinance 3688, Section 609, as amended, and K.C.C. 25.24.090, Ordinance 3688, Section 610, as amended, and K.C.C. 25.24.100, Ordinance 3688, Section 611, and K.C.C. 25.24.110, Ordinance 3688, Section 612, and K.C.C. 25.24.120, Ordinance 3688, Section 613, as amended, and K.C.C. 25.24.130, Ordinance 3688, Section 614, as amended, and K.C.C. 25.24.140, Ordinance 3688, Section 615, and K.C.C. 25.24.150, Ordinance 3688, Section 701, and K.C.C. 25.28.010, Ordinance 3688, Section 702, and K.C.C. 25.28.020, Ordinance 3688, Section 703, as amended, and K.C.C. 25.28.030, Ordinance 3688, Section 704, and K.C.C. 25.28.040, Ordinance 3688, Section 703, as amended, and K.C.C. 25.28.050, Ordinance 3688, Section 706, and K.C.C. 25.28.060, Ordinance 3688, Section 707, and K.C.C. 25.28.070, Ordinance 3688, Section 708, as amended, and K.C.C. 25.28.080, Ordinance 3688, Section 709, as amended, and K.C.C. 25.28.090, Ordinance 3688, Section 710, as amended, and K.C.C. 25.28.100, Ordinance 3688, Section 711, and K.C.C. 25.28.110, Ordinance 3688, Section 712, and K.C.C. 25.28.120, Ordinance 3688, Section 713, and K.C.C. 25.28.130, Ordinance 3688, Section 714, as amended, and K.C.C. 25.28.140, Ordinance 3688, Section 715, and K.C.C. 25.28.150, Ordinance 3688, Section 808, as amended, and K.C.C. 25.32.080, Ordinance 3688, Section 809, as amended, and K.C.C. 25.32.090, Ordinance 3688, Section 811, and K.C.C. 25.32.110, Ordinance 3688, Section 812, and K.C.C. 25.32.120, Ordinance 13687, Section 5, and K.C.C. 25.32.160, and Ordinance 13687, Section 6, and K.C.C. 25.32.170.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings. For the purposes of effective land use planning and regulation, the King County council makes the following legislative findings:
A. King County has adopted the 2008 King County Comprehensive Plan to meet the requirements of the Washington State Growth Management Act ("GMA");
B. The King County Code authorizes a review of the Comprehensive Plan and generally only allows substantive amendments to the Comprehensive Plan once every four years. The King County Code authorizes an adoption or amendment of the King County Shoreline Master Program outside of the four year update cycle.
C. The GMA requires that the Comprehensive Plan and development regulations be subject to continuing review and evaluation by the county;
D. The King County Shoreline Master Program was originally adopted by the King County Council in 1977 and has not been significantly updated since. In the intervening years, King County has seen significant population growth and development that has affected King County's shorelines. In 2003, the Washington state Department of Ecology amended its guidelines governing the contents of Shoreline Master Programs. In 2003, the Washington state Legislature amended the Shoreline Management Act to require King County to update its Shoreline Master Program by December 1, 2009. Beginning in January 2007, King County conducted extensive public outreach as part of the process to update the Shoreline Master Program and collected relevant technical information and analysis to support the update. King County's Shoreline Master Program is consistent with the Shoreline Management Act and Department of Ecology guidelines.
E. The GMA requires that King County adopt development regulations to be consistent with and implement the Comprehensive Plan;
F. The changes to zoning in this ordinance are needed to maintain conformity with the King County Comprehensive Plan, as required by the GMA, or to address new issues identified since the zoning code was adopted. As such, they bear a substantial relationship to, and are necessary for, the public health, safety and general welfare of King County and its residents; and
G. In accordance with K.C.C. 20.18.030, in 2012, the Comprehensive Plan will be subject to a substantive review to ensure continued compliance with the GMA. This will be first opportunity to comprehensively examine the implementation of land use and shoreline management polices and development regulations, and in a coordinated fashion, to evaluate and address situations in which a parcel or parcels present multiple important and potentially competing GMA and Shoreline Management Act values or goals. Such situations may be presented by parcels that are zoned for intense land use, but also have an ecologically valuable shoreline. As part of the 2012 Comprehensive Plan update, the county will study those specific parcels in order to determine if there are actual conflicts between a parcel's zoning and shoreline designation and make modifications as appropriate.
SECTION 2. Ordinance 263, Article 2, Section 1, as amended, and K.C.C. 20.12.010, are each hereby amended to read as follows:
A. Under the King County Charter, the state Constitution and the Washington state Growth Management Act, chapter 36.70A RCW, the 1994 King County Comprehensive Plan is adopted and declared to be the Comprehensive Plan for King County until amended, repealed or superseded. King County performed its first comprehensive four-cycle review of the Comprehensive Plan. As a result of the review, King County amended the 1994 Comprehensive Plan through passage of the King County Comprehensive Plan 2000. King County performed its second comprehensive four-cycle review of the Comprehensive Plan in 2004. As a result of the review, King County amended the 2000 Comprehensive Plan through passage of the King County Comprehensive Plan 2004. The Comprehensive Plan shall be the principal planning document for the orderly physical development of the county and shall be used to guide subarea plans, functional plans, provision of public facilities and services, review of proposed incorporations and annexations, development regulations and land development decisions.
B. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12061 (King County Comprehensive Plan 1995 amendments) are hereby adopted.
C. The amendments to the 1994 King County Comprehensive Plan contained in Attachment A to Ordinance 12170 are hereby adopted to comply with the Central Puget Sound Growth Management Hearings Board Decision and Order in Vashon-Maury Island, et. al. v. King County, Case No. 95-3-0008.
D. The Vashon Town Plan contained in Attachment 1 to Ordinance 12395 is adopted as a subarea plan of the King County Comprehensive Plan and, as such, constitutes official county policy for the geographic area of unincorporated King County defined in the plan and amends the 1994 King County Comprehensive Plan Land Use Map.
E. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12501 are hereby adopted to comply with the Order of the Central Puget Sound Growth Management Hearings Board in Copac-Preston Mill, Inc., et al, v. King County, Case No. 96-3-0013 as amendments to the King County Comprehensive Plan.
F. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12531 (King County Comprehensive Plan 1996 amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
G. The Black Diamond Urban Growth Area contained in Appendix A to Ordinance 12533 is hereby adopted as an amendment to the King County Comprehensive Plan.
H. The 1994 King County Comprehensive Plan and Comprehensive Plan Land Use Map are amended to include the area shown in Appendix A of Ordinance 12535 as Rural City Urban Growth Area. The language from Section 1D of Ordinance 12535 shall be placed on Comprehensive Plan Land Use Map page #32 with a reference marker on the area affected by Ordinance 12535.
I. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12536 (1997 Transportation Need Report) are hereby adopted as amendments to the King County Comprehensive Plan.
J. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12927 (King County Comprehensive Plan 1997 amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
K. The amendments to the 1994 King County Comprehensive Plan contained in the 1998 Transportation Needs Report, contained in Appendices A and B to Ordinance 12931 and in the supporting text, are hereby adopted as amendments to the King County Comprehensive Plan.
L. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 13273 (King County Comprehensive Plan 1998 amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
M. The 1999 Transportation Needs Report contained in Attachment A to Ordinance 13339 is hereby adopted as an amendment to the 1994 King County Comprehensive Plan, Technical Appendix C, and the amendments to the 1994 King County Comprehensive Plan contained in Attachment B to Ordinance 13339 are hereby adopted as amendments to the King County Comprehensive Plan.
N. The amendments to the 1994 King County Comprehensive Plan contained in Attachment A to Ordinance 13672 (King County Comprehensive Plan 1999 amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
O. The 2000 Transportation Needs Report contained in Attachment A to Ordinance 13674 is hereby adopted as an amendment to the 1994 King County Comprehensive Plan, Technical Appendix C.
P. The Fall City Subarea Plan contained in Attachment A to Ordinance 13875 is adopted as a subarea plan of the King County Comprehensive Plan and, as such, constitutes official county policy for the geographic area of unincorporated King County defined in the plan. The Fall City Subarea Plan amends the 1994 King County Comprehensive Plan land use map by revising the Rural Town boundaries of Fall City.
Q. The amendments to the King County Comprehensive Plan contained in Attachment A to Ordinance 13875 are hereby adopted as amendments to the King County Comprehensive Plan.
R. The Fall City area zoning amendments contained in Attachment A to Ordinance 13875 are adopted as the zoning control for those portions of unincorporated King County defined in the attachment. Existing property-specific development standards (p-suffix conditions) on parcels affected by Attachment A to Ordinance 13875 do not change except as specifically provided in Attachment A to Ordinance 13875.
S. The amendments to the 1994 King County Comprehensive Plan Land Use Map contained in Attachment A to Ordinance 13987 are hereby adopted to comply with the Central Puget Sound Growth Management Hearings Board Decision and Order on Supreme Court Remand in Vashon-Maury Island, et. al. v. King County, Case No. 95-3-0008 (Bear Creek Portion).
T. The 2001 transportation needs report contained in Attachment A to Ordinance 14010 is hereby adopted as an amendment to the 1994 King County Comprehensive Plan, technical appendix C.
U. The amendments to the 1994 King County Comprehensive Plan contained in Attachments A, B and C to Ordinance 14044 (King County Comprehensive Plan 2000) are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A to Ordinance 14044 amends the policies, text and maps of the Comprehensive Plan. Amendments to the policies are shown with deleted language struck out and new language underlined. The text and maps in Attachment A to Ordinance 14044 replace the previous text and maps in the Comprehensive Plan. Attachment B to Ordinance 14044 contains technical appendix A (capital facilities), which replaces technical appendix A to the King County Comprehensive Plan, technical appendix C (transportation), which replaces technical appendix C to the King County Comprehensive Plan, and technical appendix M (public participation), which is a new technical appendix that describes the public participation process for the King County Comprehensive Plan 2000. Attachment C to Ordinance 14044 includes amendments to the King County Comprehensive Plan Land Use Map. The land use amendments contained in Attachment C to Ordinance 14044 are adopted as the official land use designations for those portions of unincorporated King County defined in Attachment C to Ordinance 14044.
V. The Snoqualmie Urban Growth Area Subarea Plan contained in Attachment A to Ordinance 14117 is adopted as a subarea plan of the King County Comprehensive Plan and, as such, constitutes official county policy for the geographic area of unincorporated King County defined in the plan. Attachment B to Ordinance 14117 amends the King County Comprehensive Plan 2000 land use map by revising the Urban Growth Area for the City of Snoqualmie. Attachment C to Ordinance 14117 amends the policies of the Comprehensive Plan.
W. The Snoqualmie Urban Growth Area Subarea Plan area zoning amendments in Attachment D to Ordinance 14117 are adopted as the zoning control for those portions of unincorporated King County defined in the attachment. Existing property-specific development standards (p-suffix conditions) on parcels affected by Attachment D to Ordinance 14117 do not change
X. The amendments to the King County Comprehensive Plan 2000 contained in Attachment B to Ordinance 14156 are hereby adopted as amendments to the King County Comprehensive Plan.
Y. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14185 are hereby adopted as amendments to the King County Comprehensive Plan in order to comply with the order of the Central Puget Sound Growth Management Hearings Board in Green Valley et al, v. King County, CPSGMHB Case No. 98-3-0008c, Final Decision and Order (1998) and the order of the Washington Supreme Court in King County v. Central Puget Sound Growth Management Hearings Board, 142 Wn.2d 543, 14 P.3d 133 (2000).
Z. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14241 (King County Comprehensive Plan 2001 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
AA. The amendment to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14286 is hereby adopted as an amendment to the King County Comprehensive Plan in order to comply with the Central Puget Sound Growth Management Hearings Board's Final Decision and Order in Forster Woods Homeowners' Association and Friends and Neighbors of Forster Woods, et al. v. King County, Case No. 01-3-0008c (Forster Woods), dated November 6, 2001.
BB. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14448 (King County Comprehensive Plan 2002 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
CC. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14775 (King County Comprehensive Plan 2003 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
DD. The amendments to the King County Comprehensive Plan 2000 contained in Attachments A, B, C, D and E to Ordinance 15028 (King County Comprehensive Plan 2004) are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A, Part I, to Ordinance 15028 amends the policies, text and maps of the Comprehensive Plan. Attachment A, Part II, to Ordinance 15028 includes amendments to the King County Comprehensive Plan Land Use Map. The land use amendments contained in Attachment A, Part II, to Ordinance 15028 are adopted as the official land use designations for those portions of unincorporated King County defined in Attachment A, Part II, to Ordinance 15028. Attachment B to Ordinance 15028 contains Technical Appendix A (Capital Facilities), which replaces technical appendix A to the King County Comprehensive Plan. Attachment C to Ordinance 15028 contains Technical Appendix B (Housing), which replaces Technical Appendix B to the King County Comprehensive Plan. Attachment D to Ordinance 15028 contains Technical Appendix C (Transportation), which replaces Technical Appendix C to the King County Comprehensive Plan 2000. Attachment E to Ordinance 15028 contains Technical Appendix D (Growth Targets and the Urban Growth Area 2004).
EE. The 2004 transportation needs report contained in Attachment A to Ordinance 15077 is hereby adopted as an amendment to the 2004 King County Comprehensive Plan, technical appendix C.
FF. The amendments to the King County Comprehensive Plan 2004 contained in Attachment A to Ordinance 15244 (King County Comprehensive Plan 2005 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
GG. Attachment A to Ordinance 15326, which is the King County Comprehensive Plan Sammamish Agricultural Production District Subarea Plan dated November 7, 2005, is hereby adopted as an amendment to the 2004 King County Comprehensive Plan, as amended, in order to comply with the Central Puget Sound Growth Management Hearings Board's Final Decision and Order in Maxine Keesling v. King County, Case No. 04-3-0024 (Keesling III), dated May 31, 2005.
HH. The amendments to the King County Comprehensive Plan 2004 contained in Attachments A, B, C and D to Ordinance 15607 are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A to Ordinance 15607 (Amendment to the King County Comprehensive Plan 2004) amends the policies and maps of the King County Comprehensive Plan. Attachment B to Ordinance 15607 contains technical appendix O (Regional Trail Needs Report). Attachment C to Ordinance 15607 amends King County Comprehensive Plan, Technical Appendix C (Transportation), by replacing the transportation needs report. Attachment D to Ordinance 15607 amends King County Comprehensive Plan, Technical Appendix C (Transportation), by replacing the arterial functional classification map.
II. Attachment A to Ordinance 15772, which is the King County Comprehensive Plan Juanita Firs Subarea Plan, dated February 20, 2007, is hereby adopted as an amendment to the King County Comprehensive Plan as amended.
JJ. The amendments to the King County Comprehensive Plan 2004 contained in Attachments A, B, C, D, E and F to Ordinance 16263 are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A to Ordinance 16263 amends the policies, text and maps of the Comprehensive Plan and amends King County Comprehensive Plan Land Use Zoning. The land use amendments contained in Attachment B to Ordinance 16263 contain((s)) Technical Appendix A (Capital Facilities), which replaces Technical Appendix A to the King County Comprehensive Plan 2004. Attachment C to Ordinance 16263 contains Technical Appendix B (Housing), which replaces Technical Appendix B to the King County Comprehensive Plan 2004. Attachment D to Ordinance 16263 contains Technical Appendix C (Transportation), which replaces Technical Appendix C to the King County Comprehensive Plan 2004. Attachment E to Ordinance 16263 contains the transportation needs report, which replaces the transportation needs report in Technical Appendix C to the King County Comprehensive Plan 2004. Attachment F to Ordinance 16263 contains Technical Appendix D (Growth Targets and the Urban Growth Area 2008).
KK. The amendments to the 2008 King County Comprehensive Plan, contained in Attachments A, B and C to Ordinance 16949 are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A to Ordinance 16949 is Technical and Editorial Corrections, dated March 1, 2010. Attachment B to Ordinance 16949 is the King County Issaquah Highlands Area Zoning Study, dated September 13, 2010. Attachments A and B to Ordinance 16949 amend policies, text and maps of the Comprehensive Plan and amend King County Comprehensive Plan Land Use Zoning. The land use amendments contained in Attachment B to Ordinance 16949 are adopted as the official land use designations for those portions of unincorporated King County defined in Attachment B to Ordinance 16949. Attachment C to Ordinance 16949 is the 2010 update of the Transportation Needs Report and amends the 2008 King County Comprehensive Plan, Technical Appendix C.
LL. The amendments to the King County Comprehensive Plan 2008 contained in Attachment A to this ordinance are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A to this ordinance amends the policies and goals of the King County Shoreline Master Program, consistent with chapter 90.58 RCW and chapter 173-26 WAC, and adds a new chapter 5 to the King County Comprehensive Plan.
SECTION 3. Ordinance 3692, Section 2, and K.C.C. 20.12.200 are each hereby amended to read as follows:
The ((policies, objectives and goals of the shorelines management master program, are adopted as an addendum to the Comprehensive Plan for King County. As an addendum to the comprehensive plan, such policy statement)) King County shoreline master program consists of the following elements:
A. The King County shoreline management goals and policies in chapter 5 of the King County Comprehensive Plan. The shoreline management goals and policies constitute((s)) the official policy of King County regarding areas of the county subject to shoreline management jurisdiction under RCW chapter 90.58; and
B. The King County Code sections identified in section 4 of this ordinance.
NEW SECTION. SECTION 4. There is hereby added a new section to K.C.C. chapter 20.12 to read as follows:
The following King County Code sections in effect as of the effective date of this ordinance are adopted as land use and development regulations within the shoreline jurisdiction:
A. The following sections within K.C.C. Title 20:
1. K.C.C. 20.18.040;
2. K.C.C. 20.18.050;
3. K.C.C. 25.32.130, as recodified by this ordinance;
4. K.C.C. 25.32.140, as recodified by this ordinance;
5. K.C.C. 25.32.150, as recodified by this ordinance; and
6. K.C.C. 25.32.180, as recodified by this ordinance.
B. The following sections within K.C.C. Title 21A:
1. K.C.C. 21A.06.358;
2. K.C.C. 25.08.090, as recodified by this ordinance;
3. K.C.C. 25.08.100, as recodified by this ordinance;
4. K.C.C. 25.08.175, as recodified by this ordinance;
5. K.C.C. 25.08.190, as recodified by this ordinance;
6. K.C.C. 25.08.210, as recodified by this ordinance;
7. K.C.C. 25.08.230, as recodified by this ordinance;
8. K.C.C. 25.08.250, as recodified by this ordinance;
9. K.C.C. 25.08.290, as recodified by this ordinance;
10. K.C.C. 25.08.090, as recodified by this ordinance
11. Section 81 of this ordinance;
12. Section 82 of this ordinance;
13. K.C.C. 25.08.370, as recodified by this ordinance;
14. K.C.C. 25.08.020, as recodified by this ordinance;
15. K.C.C. 25.08.400, as recodified by this ordinance;
16. Section 89 of this ordinance;
17. K.C.C. 25.08.460, as recodified by this ordinance;
18. Section 92 of this ordinance;
19. K.C.C. 25.08.480, as recodified by this ordinance;
20. K.C.C. 25.08.470, as recodified by this ordinance;
21. K.C.C. 25.08.490, as recodified by this ordinance;
22. K.C.C. 25.08.510, as recodified by this ordinance;
23. K.C.C. 25.08.570, as recodified by this ordinance;
24. K.C.C. 25.08.590, as recodified by this ordinance;
25. Section 105 of this ordinance;
26. Section 106 of this ordinance;
27. K.C.C. 25.08.600, as recodified by this ordinance;
28. K.C.C. 21A.24.045;
29. K.C.C. 21A.24.051;
30. K.C.C. 21A.24.055;
31. K.C.C. 21A.24.070A., D. and E.;
32. K.C.C. 21A.24.125;
33. K.C.C. 21A.24.130;
34. K.C.C. 21A.24.133;
35. K.C.C. 21A.24.200;
36. K.C.C. 21A.24.210;
37. K.C.C. 21A.24.220;
38. K.C.C. 21A.24.240;
39. K.C.C. 21A.24.250;
40. K.C.C. 21A.24.260;
41. K.C.C. 21A.24.275;
42. K.C.C. 21A.24.280;
43. K.C.C. 21A.24.290;
44. K.C.C. 21A.24.300;
45. K.C.C. 21A.24.310;
46. K.C.C. 21A.24.316;
47. K.C.C. 21A.24.325;
48. K.C.C. 21A.24.335;
49. K.C.C. 21A.24.340;
50. K.C.C. 21A.24.358;
51. K.C.C. 21A.24.365;
52. K.C.C. 21A.24.380;
53. K.C.C. 21A.24.382;
54. K.C.C. 21A.24.386;
55. K.C.C. 21A.24.388;
56. K.C.C. 21A.32.045;
57. K.C.C. 21A.50.030;
58. K.C.C. 21A.06.182;
59. K.C.C. 21A.06.825; and
60. K.C.C. chapter 21A.__ (the new chapter created by section 16 of this ordinance).
C. Amendments to the land use and development regulations included in subsections A. and B. of this section must be approved by the Washington state Department of Ecology before they become land use and development regulations within the shoreline jurisdiction.
SECTION 5. Ordinance 13147, Section 19, as amended, and K.C.C. 20.18.030 are each hereby amended to read as follows:
A. The King County Comprehensive Plan shall be amended ((pursuant to)) in accordance with this chapter, which, in compliance with RCW 36.70A.130(2), establishes a public participation program whereby amendments are considered by the council no more frequently than once a year as part of the amendment cycle established in this chapter, except that the council may consider amendments more frequently to address:
1. Emergencies;
2. An appeal of the plan filed with the Central Puget Sound Growth Management Hearings Board or with the court;
3. The initial adoption of a subarea plan, which may amend the urban growth area boundary only to redesignate land within a joint planning area; or
4. ((The adoption or amendment of a shoreline master program under chapter 90.58 RCW; or
5.)) An amendment of the capital facilities element of the Comprehensive Plan that occurs in conjunction with the adoption of the county budget.
B. Every year the Comprehensive Plan may be amended to address technical updates and corrections and to consider amendments that do not require substantive changes to policy language or changes to the urban growth area boundary, except as permitted in subsection B.5., 10. and 12. of this section. This review may be referred to as the annual cycle. The Comprehensive Plan, including subarea plans, may be amended in the annual cycle only to consider the following:
1. Technical amendments to policy, text, ((or)) maps or shoreline designations;
2. The annual capital improvement plan;
3. The transportation needs report;
4. School capital facility plans;
5. Changes required to implement an amendment to a joint interlocal/development agreement in existence on January 1, 2008, between King County, another local government and one or more private parties, only if the amendment to the joint interlocal/development agreement includes a provision to alter the urban growth area boundary to add areas to the urban growth area, requires that an area four times the area that is added to the urban growth area be permanently designated as park or open space and requires the transfer of development rights on terms as provided in the amendment;
6. Changes required by existing Comprehensive Plan policies;
7. Changes to the technical appendices and any amendments required thereby;
8. Comprehensive updates of subarea plans initiated by motion;
9. Changes required by amendments to the countywide planning policies or state law;
10. Redesignation proposals under the four-to-one program as provided for in this chapter;
11. Amendments necessary for the conservation of threatened and endangered species; and
12. Site-specific comprehensive land use map amendments that do not require substantive change to comprehensive plan policy language and that do not alter the urban growth area boundary, except to correct mapping errors.
C. Every fourth year beginning in 2000, the county shall complete a comprehensive review of the Comprehensive Plan in order to update it as appropriate and to ensure continued compliance with the GMA. This review may provide for a cumulative analysis of the twenty-year plan based upon official population growth forecasts, benchmarks and other relevant data in order to consider substantive changes to policy language and changes to the urban growth area (UGA). This comprehensive review shall begin one year in advance of the transmittal and may be referred to as the four-year cycle. The urban growth area boundaries shall be reviewed in the context of the four-year cycle and in accordance with countywide planning policy FW-1 and RCW 36.70A.130. If the county determines that the purposes of the Comprehensive Plan are not being achieved as evidenced by official population growth forecasts, benchmarks, trends and other relevant data, substantive changes to the Comprehensive Plan may also be considered on even calendar years. This determination shall be authorized by motion. The motion shall specify the scope of the even-year amendment, and identify that the resources necessary to accomplish the work are available. An analysis of the motion's fiscal impact shall be provided to the council before to adoption. The executive shall determine if additional funds are necessary to complete the even-year amendment, and may transmit an ordinance requesting the appropriation of supplemental funds.
D. The executive shall seek public comment on the comprehensive plan and any proposed comprehensive plan amendments in accordance with the procedures in K.C.C. 20.18.160 before making a recommendation, in addition to conducting the public review and comment procedures required by SEPA. The public, including unincorporated area councils, shall be afforded at least one official opportunity to record public comment before to the transmittal of a recommendation by the executive to the council. County-sponsored councils and commissions may submit written position statements that shall be considered by the executive before transmittal and by the council before adoption, if they are received in a timely manner. The executive's recommendations for changes to policies, text((,)) and maps shall include the elements listed in comprehensive plan policy RP-307 and analysis of their financial costs and public benefits, any of which may be included in environmental review documents. Proposed amendments to the comprehensive plan shall be accompanied by any development regulations or amendments to development regulations, including area zoning, necessary to implement the proposed amendments.
SECTION 6. Ordinance 13147, Section 20, as amended, and K.C.C. 20.18.040 are each hereby amended to read as follows:
A. Site-specific land use map or shoreline master program map amendments may be considered annually or during the four year review cycle, depending on the degree of change proposed.
B. The following categories of site-specific land use map or shoreline master program map amendments may be initiated by either the county or a property owner for consideration in the annual review cycle:
1. Amendments that do not require substantive change to comprehensive plan policy language and that do not alter the urban growth area boundary, except to correct mapping errors; and
2. Four-to-one-proposals.
C. The following categories of site-specific land use map and shoreline master program map amendments may be initiated by either the county or a property owner for consideration in four-year review cycle:
1. ((a))Amendments that could be considered in the annual review cycle;
2. ((a))Amendments that require substantive change to comprehensive plan policy language; and
3. ((a))Amendments to the urban growth area boundary.
SECTION 7. Ordinance 13147, Section 21, as amended, and K.C.C. 20.18.050 are each hereby amended to read as follows:
A. Site-specific land use map and shoreline master program map amendments are legislative actions that may only be initiated by property owner application, by council motion((,)) or by executive proposal. All site-specific land use map and shoreline master program map amendments must be evaluated by the hearing examiner before adoption by the council in accordance with this chapter.
1. If initiated by council motion, the motion shall refer the proposed site-specific land use map or shoreline master program map amendment to the department of development and environmental services for preparation of a recommendation to the hearing examiner. The motion shall also identify the resources and the work program required to provide the same level of review accorded to applicant-generated amendments. An analysis of the motion's fiscal impact shall be provided to the council before adoption. If the executive determines that additional funds are necessary to complete the work program, the executive may transmit an ordinance requesting the appropriation of supplemental funds((.));
2. If initiated by executive proposal, the proposal shall refer the proposed site-specific land use map or shoreline master program map amendment to the department of development and environmental services for preparation of a recommendation to the hearing examiner((.)); and
3. If initiated by property owner application, the property owner shall submit a docketed request for a site-specific land use map or shoreline master program map amendment. Upon receipt of a docketed request for a site-specific land use map or shoreline master program map amendment, the request shall be referred to the department of development and environmental services for preparation of a recommendation to the hearing examiner.
B. All proposed site-specific land use map or shoreline master program map amendments, whether initiated by property owner application, by council motion((,)) or by executive proposal shall include the following:
1. Name and address of the owner(((s))) or owners of record;
2. Description of the proposed amendment;
3. Property description, including parcel number, property street address and nearest cross street;
4. County assessor's map outlining the subject property; and
5. Related or previous permit activity.
C. Upon initiation of a site specific land use map or shoreline master program map amendment, an initial review conference will be scheduled by the department of development and environmental services. The owner or owners of record of the property shall be notified of and invited to attend the initial review conference. At the initial review conference, the department will review the proposed amendment's consistency with applicable county policies or regulatory enactments including specific reference to comprehensive plan policies, countywide planning policies and state Growth Management Act requirements. The proposed amendment will be classified ((pursuant to)) in accordance with K.C.C. 20.18.040 and this information either will be provided at the initial review conference or in writing to the owner or owners of record within thirty days after the initial review conference.
D. If a proposed site-specific land use map or shoreline master program map amendment is initiated by property owner application, the property owner shall, following the initial review conference, submit the completed application including an application fee and an environmental checklist to the department of development and environmental services to proceed with review of the proposed amendment.
E. If a proposed site-specific land use map or shoreline master program map amendment is initiated by council motion, following the initial review conference, the council shall submit an environmental checklist to the department of development and environmental services to proceed with review of the proposed amendment.
F. If a proposed site-specific land use map or shoreline master program map amendment is initiated by executive proposal, following the initial review conference, the executive shall submit an environmental checklist to the department of development and environmental services to proceed with review of the proposed amendment.
G. Following the submittal of the information required by subsections D., E. or F., the department of development and environmental services shall submit a report including an executive recommendation on the proposed amendment to the hearing examiner within one hundred twenty days. The department of development and environmental services shall provide notice of a public hearing and notice of threshold determination ((pursuant to)) in accordance with K.C.C. 20.20.060 F., G. and H. The hearing will be conducted by the hearing examiner ((pursuant to)) in accordance with K.C.C. 20.24.400. Following the public hearing, the hearing examiner shall prepare a report and recommendation on the proposed amendment ((pursuant to)) in accordance with K.C.C. 20.24.400. A compilation of all completed reports will be considered by the council ((pursuant to)) in accordance with K.C.C. 20.18.070.
H. A property-owner-initiated for a site-specific land use map or shoreline master program map amendment may be accompanied by an application for a zone reclassification to implement the proposed amendment, in which case administrative review of the two applications shall be consolidated to the extent practical consistent with this ordinance and K.C.C. chapter 20.20. The council's consideration of a site-specific land use map or shoreline master program map amendment is a legislative decision which will be determined before and separate from their consideration of a zone reclassification which is a quasi-judicial decision. If a zone reclassification is not proposed in conjunction with an application for a site-specific land use map or shoreline master program map amendment and the amendment is adopted, the property shall be given potential zoning. A zone reclassification ((pursuant to)) in accordance with K.C.C. 20.20.020 will be required in order to implement the potential zoning.
I. Site-specific land use map or shoreline master program map amendments for which a completed recommendation by the hearing examiner has been submitted to the council by January 15 will be considered concurrently with the annual amendment to the comprehensive plan. Site specific land use map or shoreline master program map amendments for which a recommendation has not been issued by the hearing examiner by January 15 will be included in the next appropriate review cycle following issuance of the examiner's recommendation.
J.1. No amendment to a land use designation or shoreline environment designation for a property may be initiated unless at least three years have elapsed since council adoption or review of the current designation for the property. This time limit may be waived by the executive or the council if the proponent establishes that there exists either an obvious technical error or a change in circumstances justifying the need for the amendment.
((1.)) 2. A waiver by the executive shall be considered after the proponent has submitted a docket request in accordance with K.C.C. 20.18.140. The executive shall render a waiver decision within forty-five days of receiving a docket request and shall mail a copy of this decision to the proponent.
((2.)) 3. A waiver by the council shall be considered by motion.
K. A shoreline master program map amendment and redesignation must meet the requirements of K.C.C. 25.32.130, 25.32.140 and 25.32.150, as recodified by this ordinance, and the Washington state Shoreline Master Program Guidelines, chapter 173-26 WAC. A shoreline master program map amendment and redesignation must be approved by the Washington state Department of Ecology.
SECTION 8. K.C.C. 25.32.130, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 20.18.
SECTION 9. Ordinance 3688, Section 813, as amended, and K.C.C. 25.32.130 are each hereby amended to read as follows:
A. Shoreline environments designated by the master program may be ((redesignated by the county council upon finding that such a redesignation will be consistent with the standards in K.C.C. 25.32.180. A shorelines redesignation may be initiated by an applicant or by motion of the council)) considered for redesignation during the four-year review cycle.
B. A redesignation ((initiated by an applicant shall be made on forms and processed in a manner prescribed in K.C.C. 25.32.140. A redesignation initiated by the council)) shall follow the process in K.C.C. ((25.32.150.
C. The fee which shall accompany an application for a shoreline redesignation shall be as adopted by ordinance.
D. The departmental report and recommendation regarding an application or a site-specific redesignation initiated by council motion shall be forwarded to the hearing examiner for consideration together with all relevant testimony at a public hearing to be held consistent with the procedures for a zone reclassification as provided in K.C.C. chapter 20.24)) 20.18.050.
SECTION 10. K.C.C. 25.32.140, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 20.18.
SECTION 11. Ordinance 13687, Section 3, and K.C.C. 25.32.140 are each hereby amended to read as follows:
A. A shoreline redesignation initiated by an applicant((, as described in K.C.C. 25.32.130B, must follow the procedures in K.C.C. chapters 20.20 and 20.24 for shorelines redesignations and)) must include the following information in addition to the requirements in K.C.C. ((chapter 20.20)) 20.18.050:
1. Applicant information, including signature, telephone number and address;
2. The applicant's interest in the property, such as owner, buyer or consultant;
3. Property owner concurrence, including signature, telephone number and address;
4. ((A property description, including parcel number, property street address and nearest cross street;
5. A county assessor's map outlining the subject property;
6. Related or previous permit activity;
7. A description of the proposed shorelines redesignation;
8.)) A mitigation plan providing for significant enhancement of the first one hundred feet adjacent to the shoreline and improved habitat for species declared as endangered or threatened under the Endangered Species Act, to the extent that the impacts of development can be determined at the time of the proposed shoreline redesignation((.)); and
((9.)) 5. A discussion of how the proposed shorelines redesignation meets the criteria in K.C.C. 25.32.180, as recodified by this ordinance.
B. The examiner shall make a recommendation to the council based on the criteria for review in K.C.C. 25.32.180, as recodified by this ordinance.
SECTION 12. K.C.C. 25.32.150, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 20.18.
SECTION 13. Ordinance 13687, Section 4, and K.C.C. 25.32.150 are each hereby amended to read as follows:
A. A council motion initiating a shoreline((s)) redesignation((, as described in K.C.C. 25.32.130B)) must be accompanied by the ((following)) information required to be provided in K.C.C. 25.32.140, as recodified by this ordinance, in addition to the requirements in K.C.C. 20.18.050((:
1. A description of the shoreline reach and a property description, including parcel numbers, property street addresses and nearest cross streets, for all properties that the shoreline runs through or is adjacent to;
2. A county assessor's map outlining the subject property or properties; and
3. A description of the proposed shorelines redesignation)).
B. ((If the motion proposes site-specific redesignation, as "site" is defined in K.C.C. Title 21A, the redesignation shall be referred to the hearing examiner for consideration following the procedures of K.C.C. 25.32.140 for consideration of redesignation application. Any other redesignation proposal initiated by motion shall be referred to the executive for consideration as to whether the redesignation is appropriate for review as part of the annual or four-year Comprehensive Plan update, or should proceed independent of the annual or four year update process, such as through a subarea planning process.
C.)) A motion initiating a site-specific shoreline redesignation must identify the resources and the work program required to provide the same level of review accorded to an applicant-generated shoreline((s)) redesignation. Before adoption of the motion, the executive shall have the opportunity to provide an analysis of the motion's fiscal impact. If the executive determines that additional funds are necessary to complete the work program, the executive may transmit an ordinance requesting the appropriation of supplemental funds. The council may consider the supplemental appropriation ordinance concurrently with the proposed motion referring the shoreline((s)) redesignation proposal to the examiner.
((D. A site-specific redesignation initiated by motion shall follow the procedures in K.C.C. chapters 20.20 and 20.24 for shorelines redesignations with regard to the information to be provided and the notice and hearing processes, and shall meet the submittal requirements of K.C.C. 25.32.140.)) C. The examiner shall make a recommendation to the council on the proposed site-specific shoreline redesignation based on the criteria for review in K.C.C. 25.32.180, as recodified by this ordinance.
SECTION 14. K.C.C 25.32.180, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 20.24.
SECTION 15. Ordinance 13687, Section 7, and K.C.C. 25.32.180 are each hereby amended to read as follows:
A shoreline((s)) redesignation referred to the hearing examiner for a public hearing shall be reviewed based upon the ((requirements of)) King County Comprehensive Plan ((policies NE-308 and I-202)), state and county shorelines management goals and objectives and the following additional standards:
A. The proposed change shall implement((s)) and support((s)):
1. ((t))The goals of the ((c))Comprehensive ((p))Plan((,));
2. ((t))The goals, policies and objectives of the state Shorelines Management Act ((and));
3. ((t))The county's shoreline((s)) master program; and
4. ((t))The designation criteria of the proposed shoreline environment designation ((requested));
B. The impacts of development allowed by the proposed change ((will)) shall not permanently impair any habitat critical to endangered or threatened species((.));
C. The impacts of development allowed by the proposed change ((are)) shall adequately ((addressed)) address in a mitigation plan providing significant enhancement of the first one hundred feet adjacent to the stream and improved habitat for species declared as endangered or threatened under the Endangered Species Act, to the extent those impacts may be determinable at the time of the shorelines redesignation. A full mitigation plan shall accompany each application, as provided in K.C.C. 25.32.140, as recodified by this ordinance, and K.C.C. 25.32.150, as recodified by this ordinance; and
D. If greater intensity of development would be allowed as a result of the shoreline((s)) redesignation, the proposal shall utilize clustering or a multi-story design to pursue minimum densities while minimizing lot coverage adjacent to the shoreline((s)) setback area.
SECTION 16. There is hereby established a new chapter in K.C.C. Title 21A. This new chapter shall contain section 17 of this ordinance, K.C.C. 25.08.010, as recodified by this ordinance, K.C.C. 25.04.040, as recodified by this ordinance, section 24 of this ordinance, K.C.C. 25.04.050, as recodified by this ordinance, K.C.C. 25.12.030, as recodified by this ordinance, K.C.C. 25.12.020, as recodified by this ordinance, K.C.C. 25.12.050, as recodified by this ordinance, section 129 of this ordinance, section 30 of this ordinance, section 31 of this ordinance, section 32 of this ordinance, section 33 of this ordinance, K.C.C. 25.20.060, as recodified by this ordinance, section 36 of this ordinance, K.C.C. 25.16.200, as recodified by this ordinance, section 39 of this ordinance, K.C.C. 25.16.180, as recodified by this ordinance, K.C.C. 25.16.120, as recodified by this ordinance, K.C.C. 25.16.190, as recodified by this ordinance, section 131 of this ordinance, section 46 of this ordinance, section 47 of this ordinance, K.C.C. 25.16.150, as recodified by this ordinance, section 50 of this ordinance, section 51 of this ordinance, K.C.C. 25.16.160, as recodified by this ordinance, K.C.C. 25.16.080, as recodified by this ordinance, section 56 of this ordinance, K.C.C. 25.32.010, as recodified by this ordinance, K.C.C. 25.32.020, as recodified by this ordinance, K.C.C. 25.32.060, as recodified by this ordinance, and K.C.C. 25.32.100, as recodified by this ordinance.
NEW SECTION. SECTION 17. The King County shoreline master program elements are established in K.C.C. 20.12.200.
SECTION 18. K.C.C. 25.08.010 is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 19. Ordinance 3688, chapter 2 (part), as amended, and K.C.C. 25.08.010 are each hereby amended to read as follows:
((Unless otherwise defined in this chapter, t))The definitions ((contained)) in ((title 21A (the zoning code) RCW Chapter)) K.C.C. chapter 21A.06, chapter 90.58 RCW and ((WAC 173-14 shall)) chapter 173-26 WAC apply within the shoreline jurisdiction. The definitions in chapter 90.58 RCW and chapter 173-26 WAC apply if there is a conflict with the definitions in K.C.C. chapter 21A.06. In addition, the following definitions apply to this chapter unless the context clearly requires otherwise:
A. "Development" means any development as defined in chapter 90.58 RCW.
B. "Shoreline mixed use" means shoreline development that contains a water-dependent use combined with a water related, water enjoyment or a non-water-oriented use in a single building or on a single site in an integrated development proposal. Water dependent uses must comprise a significant portion of the floor area or site area in a shoreline mixed use development.
SECTION 20. K.C.C. 25.04.040 is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 21. Ordinance 3688, Section 104, and K.C.C. 25.04.040 are each hereby amended to read as follows:
This ((title)) chapter is exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
SECTION 22. K.C.C. 25.04.050 is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 23. Ordinance 3688, Section 105, as amended, and K.C.C. 25.04.050 are each hereby amended to read as follows:
((A. When provisions of this chapter conflict with the sensitive areas code, K.C.C. Chapter 21A.54, that which provides more protection to the sensitive area shall apply.
B. King County shall issue no permit prior to approval pursuant to this title and shall take no action contrary to t))The goals, policies((, objectives)) and regulations of the King County shoreline ((management)) master program ((when property under the jurisdiction of the Shoreline Management Act is involved in a request for a decision in any of the following programs:
1. Building permit;
2. Right-of-way construction permit;
3. Short subdivision;
4. Grading permit;
5. Site plan approval;
6. Access permit;
7. Trail permit;
8. State flood control zone permit;
9. Zoning variance;
10. Conditional use permit;
11. Comprehensive plan amendment or addition;
12. Zone reclassification;
13. Special use permit;
14. Urban planned development approval;
15. Subdivision approval.
16. Mobile home park permit;
17. Mobile home permit; and
18. Recreational vehicle park permit;
19. Commercial site development permit)) must be met before issuing any permits or approvals on land within the shoreline jurisdiction.
SECTION 25. Ordinance 3688, Section 303, and K.C.C. 25.12.030 are each hereby amended to read as follows:
((Each environment designation shall)) A. The King County shoreline jurisdiction consists of:
((A. The entire water body from its centerline or point, including all water below the surface;
B. The associated wetlands, provided, in those cases where a floodplain or other severe biophysical limitation to development does not cover the entire associated wetland, one environment designation may be placed on the floodplain portion of the wetland or the portion of the wetland with severe biophysical limitations and another on the remaining portion of the wetland;
C. In shoreline areas where severe biophysical constraints such as flood plains, steep slopes, slide hazard areas and/or marshes, bogs or swamps do not cover the entire associated wetland, proposed development in the remaining area may be permitted consistent with the character of the surrounding land use, the physical capabilities of the associated wetland and applicable county land use plans and policies)) 1. All water areas of the state, as defined in RCW 90.58.030, including reservoirs and associated wetlands, together with the lands underlying them, except for:
a. lakes smaller than twenty acres and their associated wetlands; and
b. segments of rivers and streams and their associated wetlands where the mean annual flow is less than twenty cubic feet per second; and
2.a. The shorelands that extend landward in all directions as measured on a horizontal plane for two hundred feet from the ordinary high water mark of the waterbodies identified in subsection A.1. of this section;
b. the one hundred year floodplain and contiguous floodplain areas landward two hundred feet from the one-hundred year floodplain; and
c. all wetlands and river deltas associated with the streams, lakes and tidal waters that are subject to chapter 90.58 RCW.
B. The shoreline jurisdiction does not include tribal reservation lands and lands held in trust by the federal government for tribes. Nothing in the King County Shoreline Master Program or action taken under that program shall affect any treaty right to which the United States is a party.
C. The King County shoreline jurisdiction is shown on a map adopted in chapter 5 of the King County Comprehensive Plan. If there is a discrepancy between the map and the criteria established in subsection A. of this section, the criteria shall constitute the official King County shoreline jurisdiction.
SECTION 26. K.C.C. 25.12.020, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 27. Ordinance 3688, Section 302, and K.C.C. 25.12.020 are each hereby amended to read as follows:
A. In order to accomplish the ((purpose of this title, environmental)) goals, policies and regulations of the King County shoreline master program, the following shoreline environment designations have been established ((to be known as follows)):
((A.)) 1. ((Natural environment)) High Intensity shoreline;
((B.)) 2. ((Conservancy environment)) Residential shoreline;
((C.)) 3. Rural ((environment)) shoreline;
((D.)) 4. ((Urban environment)) Conservancy shoreline;
5. Resource shoreline;
6. Forestry shoreline;
7. Natural shoreline; and
8. Aquatic.
B. The shoreline environment designations are included on a map in chapter 5 of the King County Comprehensive Plan. If there is a discrepancy between the map and the criteria established in chapter 5 of the King County Comprehensive Plan for shoreline environment designations, the criteria shall constitute the official King County shoreline environment designation. Any parcel of land included within the shoreline jurisdiction without a shoreline environment designation shall be considered within the Conservancy environment.
C. The purpose of each shoreline environment designation is defined as follows:
1. The purpose of the High Intensity shoreline is to provide for high intensity water-oriented commercial and industrial uses;
2. The purpose of the Residential shoreline is to accommodate residential and commercial uses on a scale appropriate with urban residential zones;
3. The purpose of the Rural shoreline is to accommodate land uses normally associated with rural area levels of development while providing appropriate public access and recreational uses to the maximum extent practicable;
4. The purpose of the Conservancy shoreline is to conserve areas that are a high priority for restoration, include valuable historic properties or provide recreational opportunities;
5. The purpose of the Resource shoreline is to allow for mining and agricultural uses on lands that are designated under the Growth Management Act as agricultural land of long term commercial significance or mineral resource lands;
6. The purpose of the Forestry shoreline is to allow for forestry uses;
7. The purpose of the Natural shoreline is to protect those shoreline areas that are relatively free of human influence or have high ecological quality. This designation allows only very low intensity uses in order to maintain the existing high levels of ecological process and function; and
8. The Aquatic environment is to protect, restore and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark.
SECTION 28. K.C.C. 25.12.050, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 29. Ordinance 3688, Section 305, and K.C.C. 25.12.050 are each hereby amended to read as follows:
A. ((Boundaries indicated as following streets, highways, roads and bridges shall be deemed to follow the centerline of such facilities unless otherwise specified.
B. Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the centerline of such rights-of-way or easements unless otherwise specified.
C.)) Where different ((environmental)) environment designations have been given to a tributary and the main stream at the point of confluence, the ((environmental)) environment designation given to the main stream shall extend for a distance of two hundred feet up the tributary.
((D.)) B. In case of uncertainty as to a wetland or environment boundary, the director shall determine its exact location ((pursuant to the criteria of WAC 173-22-055 and)) in accordance with RCW 90.58.030 and ((the provisions of)) this chapter.
NEW SECTION. SECTION 30. A. Shoreline use is an activity that is allowed within a specific shoreline environment. Shoreline uses are identified in section 31 of this ordinance.
B. Shoreline modification is construction of a physical element such as a bulkhead, groin, berm, jetty, breakwater, dredging, filling, vegetation removal or alteration or application of chemicals that changes the natural or existing shoreline conditions. Shoreline modifications are identified in section 39 of this ordinance.
C. King County shall ensure that uses and modifications within the shoreline jurisdiction do not cause a net loss of shoreline ecological functions and comply with the sequencing requirements under section 129 of this ordinance.
NEW SECTION. SECTION 31. A. The shoreline use table in this section determines whether a specific use is allowed within each of the shoreline environments. The shoreline environment is located on the vertical column and the specific use is located on the horizontal row of the table. The specific uses are grouped by the shoreline use categories in WAC 173-26-241. The specific uses are defined by those uses in K.C.C. chapter 21A.08. The table should be interpreted as follows:
1. If the cell is blank in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment;
2. If the letter "P" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment;
3. If the letter "C" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment subject to the shoreline conditional use review procedures specified in K.C.C. 25.32.050, as recodified by this ordinance.
4. If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process in this section, the general requirements of this chapter and the specific development conditions indicated with the corresponding number in subsection C. of this section. If more than one number appears after a letter, all numbers apply.
5. If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in accordance with each letter-number combination.
6. A shoreline use may be allowed in the aquatic environment only if that shoreline use is allowed in the adjacent shoreland environment.
7. This section does not authorize a land use that is not allowed by the underlying zoning, but may add additional restrictions or conditions or prohibit specific land uses within the shoreline jurisdiction. When there is a conflict between the permitted land uses in K.C.C. chapter 21A.08 and shoreline uses in this section, preference for shoreline uses shall first be given to water-dependent uses, then to water related uses and finally to water enjoyment uses. All uses in the shoreline jurisdiction must comply with all relevant county code provisions and with the King County Shoreline Master Program.
B. Shoreline uses
KEY P - Permitted Use. C - Shoreline Conditional Use. Blank - Prohibited. Shoreline uses are allowed only if the underlying zoning allows the use. Shoreline uses are allowed in the aquatic environment only if the adjacent upland environment allows the use |
H I I N G T H E N S I T Y |
R E S I D E N T I A L |
R U R A L |
C O N S E R V A N C Y |
R E S O U R C E |
F O R E S T R Y |
N A T U R A L |
A Q U A T I C |
Agriculture |
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Agriculture (K.C.C. 21A.08.090) |
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P |
P |
P |
P |
P |
P1 |
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Aquaculture |
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Aquaculture (fish and wildlife management, K.C.C. 21A.08.090) |
P2 |
P2 |
P2 |
P2 |
P2 |
P2 |
P2 |
P2 |
Boating Facilities |
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Marinas (K.C.C. 21A.08.040) |
C3 |
C3 |
C3 |
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C3 |
Commercial Development |
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General services (K.C.C. 21A.08.050) |
P4 |
P5 |
P5 |
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Business services, except SIC Industry No. 1611, automotive parking and off-street required parking lot (K.C.C. 21A.08.060) |
P6 |
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Retail (K.C.C. 21A.08.070) |
P7 |
P8 |
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Government Services |
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Government services except commuter parking lot, utility facility and private stormwater management facility (K.C.C. 21A.08.060) |
P9 |
P9 |
P9 |
P9 |
P9 |
P9 |
P9 |
C10 |
Forest Practices |
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Forestry (K.C.C. 21A.08.090) |
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P11 |
P11 |
P11 |
P11 |
P11 |
C11 |
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Industry |
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Manufacturing (K.C.C. 21A.08.080) |
P12 |
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In-stream structural uses |
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Hydroelectric generation facility, wastewater treatment facility and municipal water production (K.C.C. 21A.08.100) |
C13 |
C13 |
C13 |
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C13 |
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C13 |
In-stream utility facilities (K.C.C. 21A.08.060) |
P14 |
P14 |
P14 |
P14 |
P14 |
P14 |
P14 |
C14 |
In-stream transportation portion of SIC 1611 highway and street construction (K.C.C. 21A.08.060) |
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C15 |
In-stream fish and wildlife management, except aquaculture (K.C.C. 21A.08.090) |
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C16 |
Mining |
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Mineral uses (K.C.C. 21A.08.090) |
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C17 |
C17 |
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C17 |
Recreational Development |
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Recreational/cultural except for marinas and docks and piers (K.C.C. 21A.08.040) |
P18 |
P19 |
P19 |
P20 |
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P19 |
P21 |
C |
Residential Development |
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Single detached dwelling units (K.C.C. 21A.08.030) |
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P |
P |
P |
P |
C22 |
C22 |
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Townhouse, apartment, mobile home park, cottage housing (K.C.C. 21A.08.030) |
P23 |
P |
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P |
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Group residences (K.C.C. 21A.08.030) |
P23 |
P |
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Accessory uses (K.C.C. 21A.08.030) |
P24 |
P24 |
P24 |
P24 |
P24 |
C22 and 24 |
C22 and 24 |
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Temporary lodging (K.C.C. 21A.08.030) |
P23 |
P27 |
P27 |
C27 |
C27 |
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Live-aboards |
P28 |
P28 |
P28 |
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P28 |
Transportation and parking |
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Transportation facilities |
P29 |
P29 |
P29 |
C29 |
P29 |
P29 |
C29 |
C29 |
Commuter parking lot (K.C.C. 21A.08.060) |
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Automotive parking (K.C.C. 21A.08.060) |
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Off-street required parking lot (K.C.C. 21A.08.060) |
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Utilities |
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Utility facility (K.C.C. 21A.08.060) |
P26 |
P26 |
P26 |
P26 |
P26 |
P26 |
P26 |
C26 |
Regional land uses |
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Regional uses except hydroelectric generation facility, wastewater treatment facility and municipal water production (K.C.C. 21A.08.100) |
P30 |
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C. Development conditions:
1. Only low intensity agriculture is allowed in the Natural environment.
2.a. The supporting infrastructure for aquaculture may be located landward of the aquaculture operation, subject to the limitations of K.C.C. Title 21A.
b. The aquaculture operation must meet the standards in section 32 of this ordinance.
c. In aquatic areas adjacent to the residential shoreline environment, net pen facilities shall be located no closer than one thousand five hundred feet from the ordinary high water mark of this environment, unless the department allows a specific lesser distance that it determines is appropriate based upon a visual impact analysis. Other types of floating culture facilities may be located within one thousand five hundred feet of the ordinary high water mark if supported by a visual impact analysis.
d. In aquatic areas adjacent to the rural shoreline environment, net pen facilities shall be located no closer than one thousand five hundred feet from the ordinary high water mark of this environment, unless the department allows a specific lesser distance that it determines is appropriate based upon a visual impact analysis.
e. In the natural shoreline environment and aquatic areas adjacent to the natural shoreline environment, limited to aquaculture activities that do not require structures, facilities or mechanized harvest practices and that will not alter the natural character of the site or alter natural systems or features.
3.a. New marinas are not allowed along the east shore of Maury Island, from Piner Point to Point Robinson.
b. Marinas must meet the standards in section 33 of this ordinance.
4. Water dependent general services land uses in K.C.C. 21A.08.050 are allowed. Non-water dependent general services land uses in K.C.C. 21A.08.050 are only allowed on sites that are not contiguous with the ordinary high water mark or on sites that do not have an easement that provides direct access to the water.
5.a. Water-dependent general services land uses in K.C.C. 21A.08.050 are allowed.
b. Non-water-dependent general services land uses in K.C.C. 21A.08.050 are only allowed as part of a shoreline mixed-use development that includes water-dependent uses.
c. Non-water-oriented general services land uses must provide a significant public benefit by helping to achieve one or more of the following shoreline master program goals:
i. economic development for uses that are water-dependent;
ii. public access;
iii. water-oriented recreation;
iv. multimodal transportation circulation;
v. conservation of critical areas, scenic vistas, aesthetics or fish and wildlife habitat; or
vi. preservation of historic properties.
6. Water-dependent business services uses in K.C.C. 21A.08.050 are allowed. Water-related business services uses are only allowed as part of a shoreline mixed-use development and only if they support a water-dependent use. The water-related business services uses must comprise less than one-half of the square footage of the structures or the portion of the site within the shoreline jurisdiction.
7.a.Water-dependent retail uses in K.C.C. 21A.08.050 are allowed.
b. Non-water-dependent retail uses in K.C.C. 21A.08.050 are only allowed as part of a shoreline mixed-use development if the non-water-dependent retail use supports a water-dependent use. Non-water-dependent uses must comprise less than one-half of the square footage of the structures or the portion of the site within the shoreline jurisdiction.
c. Non-water-oriented retail uses must provide a significant public benefit by helping to achieve one or more of the following shoreline master program goals:
i. economic development for uses that are water-dependent;
ii. public access;
iii. water-oriented recreation;
iv. multimodal transportation circulation;
v. conservation of critical areas, scenic vistas, aesthetics or fish and wildlife habitat; and
vi. preservation of historic properties.
8. Water-dependent retail uses in K.C.C. 21A.08.050 are allowed. Non-water-dependent retail uses in K.C.C. 21A.08.050 are only allowed if the retail use provides a significant public benefit by helping to achieve one or more of the following shoreline master program goals:
a. economic development for uses that are water-dependent;
b. public access;
c. water-oriented recreation;
d. multimodal transportation circulation;
e. conservation of critical areas, scenic vistas, aesthetics or fish and wildlife habitat; and
f. preservation of historic properties.
9.a. Water-dependent government services in K.C.C. 21A.08.060 are allowed.
b. Non-water-dependent government services in K.C.C. 21A.08.060 are only allowed as part of a shoreline mixed-use development if the non-water-dependent government use supports a water-dependent use. Non-water-dependent uses must comprise less than one-half of the square footage of the structures or the portion of the site within the shoreline jurisdiction. Only low-intensity water-dependent government services are allowed in the Natural environment.
10. The following standards apply to government services uses within the Aquatic environment:
a. Stormwater and sewage outfalls are allowed if upland treatment and infiltration to groundwater, streams or wetlands is not feasible and there is no impact on critical saltwater habitats, salmon migratory habitat and the nearshore zone. However, stormwater and sewage outfalls are not allowed in the Maury Island Aquatic Reserve, except from Piner Point to Point Robinson;
b. Water intakes shall not be located near fish spawning, migratory or rearing areas. Water intakes must adhere to Washington state Department of Fish and Wildlife fish screening criteria. To the maximum extent practical, intakes should be placed at least thirty feet below the ordinary high water mark;
c. Desalinization facilities shall not be located near fish spawning, migratory or rearing areas. Intakes should generally be placed deeper than thirty feet below the ordinary high water mark and must adhere to Washington state Department Fish and Wildlife fish screening criteria. Discharge of desalination wastewater or concentrated mineral is not allowed in the Maury Island Aquatic Reserve, except that outside the Inner and Outer Harbormaster Harbor, discharge may be considered if there is no impact on critical saltwater habitats, salmon migratory habitat and the nearshore zone;
d. Cable crossings for telecommunications and power lines shall:
(1) be routed around or drilled below aquatic critical habitat or species;
(2) be installed in sites free of vegetation, as determined by physical or video seabed survey;
(3) be buried, preferably using directional drilling, from the uplands to waterward of the deepest documented occurrence of native aquatic vegetation; and
(4) use the best available technology;
e. Oil, gas, water and other pipelines shall meet the same standards as cable crossings and in addition:
(1) pipelines must be directionally drilled to depths of seventy feet or one half mile from the ordinary high water mark; and
(2) use the best available technology for operation and maintenance;
f. Breakwaters are not allowed within the Maury Island Aquatic Reserve or within the Aquatic environment adjacent to the Conservancy and Natural shorelines.
11. Only low intensity forestry is allowed in the Natural environment and all forestry must meet the standards in K.C.C. 25.20.060, as recodified by this ordinance.
12. Manufacturing uses in the shoreline environment must give preference first to water-dependent manufacturing uses and second to water-related manufacturing uses:
a. Non-water-oriented manufacturing uses are allowed only:
(1) as part of a shoreline mixed-use development that includes a water-dependent use, but only if the water-dependent use comprises over fifty percent of the floor area or portion of the site within the shoreline jurisdiction;
(2) on sites where navigability is severely limited; or
(3) on sites that are not contiguous with the ordinary high water mark or on sites that do not have an easement that provides direct access to the water; and
(4) all non-water-oriented manufacturing uses must also provide a significant public benefit, such as ecological restoration, environmental clean-up, historic preservation or water-dependent public education;
b. public access is required for all manufacturing uses unless it would result in a public safety risk or is incompatible with the use;
c. shall be located, designed and constructed in a manner that ensures that there are no significant adverse impacts to other shoreline resources and values.
d. restoration is required for all new manufacturing uses;
e. boat repair facilities are not permitted within the Maury Island Aquatic Reserve, except as follows:
(1) engine repair or maintenance conducted within the engine space without vessel haul-out;
(2) topside cleaning, detailing and bright work;
(3) electronics servicing and maintenance;
(4) marine sanitation device servicing and maintenance that does not require haul-out;
(5) vessel rigging; and
(6) minor repairs or modifications to the vessel's superstructure and hull above the waterline that do not exceed twenty-five percent of the vessel's surface area above the waterline.
13. The water-dependent in-stream portion of a hydroelectric generation facility, wastewater treatment facility and municipal water production are allowed, including the upland supporting infrastructure, and shall provide for the protection and preservation, of ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas.
14. New in-stream portions of utility facilities may be located within the shoreline jurisdiction if:
a. there is no feasible alternate location;
b. provision is made to protect and preserve ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas; and
c. the use complies with the standards in K.C.C. 25.16.160, as recodified by this ordinance.
15. Limited to in-stream infrastructure, such as bridges, and must consider the priorities of the King County Shoreline Protection and Restoration Plan when designing in-stream transportation facilities. In-stream structures shall provide for the protection and preservation, of ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas.
16. Limited to hatchery and fish preserves.
17. Mineral uses:
a. must meet the standards in K.C.C. Chapter 21A.22;
b. must be dependent upon a shoreline location;
c. must avoid and mitigate adverse impacts to the shoreline environment during the course of mining and reclamation to achieve no net loss of shoreline ecological function. In determining whether there will be no net loss of shoreline ecological function, the evaluation may be based on the final reclamation required for the site. Preference shall be given to mining proposals that result in the creation, restoration, or enhancement of habitat for priority species;
d. must provide for reclamation of disturbed shoreline areas to achieve appropriate ecological functions consistent with the setting;
e. may be allowed within the active channel of a river only as follows:
i. removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole;
ii. the mining and any associated permitted activities will not have significant adverse impacts to habitat for priority species nor cause a net loss of ecological functions of the shoreline; and
iii. if no review has been previously conducted under this subsection C.17.e., prior to renewing, extending or reauthorizing gravel bar and other in-channel mining operations in locations where they have previously been conducted, the department shall require compliance with this subsection C.17.e. If there has been prior review, the department shall review previous determinations comparable to the requirements of this section C.17.e. to ensure compliance with this subsection under current site conditions; and
f. Must comply with K.C.C. 25.16.190, as recodified by this ordinance.
18. Only water-dependent recreational uses are allowed, except for public parks and trails, in the High Intensity environment and must meet the standards in section 36 of this ordinance for public access and K.C.C. 25.16.200, as recodified by this ordinance, for recreation.
19. Water-dependent and water-enjoyment recreational uses are allowed in the Residential, Rural and Forestry environments and must meet the standards in section 36 of this ordinance for public access and K.C.C. 25.16.200, as recodified by this ordinance, for recreation.
20. In the Conservancy environment, only the following recreation uses are allowed and must meet the standards in section 36 of this ordinance for public access and K.C.C. 25.16.200, as recodified by this ordinance, for recreation:
a. parks; and
b. trails.
21. In the Natural environment, only passive and low-impact recreational uses are allowed.
22. Single detached dwelling units must be located outside of the aquatic area buffer and set back from the ordinary high water mark to the maximum extent practical.
23. Only allowed as part of a water-dependent shoreline mixed-use development where water-dependent uses comprise more than half of the square footage of the structures on the portion of the site within the shoreline jurisdiction.
24. Residential accessory uses must meet the following standards:
a. docks, piers, moorage, buoys, floats or launching facilities must meet the standards in K.C.C. 25.16.120, as recodified by this ordinance;
b. residential accessory structures located within the aquatic area buffer shall be limited to a total footprint of one-hundred fifty square feet; and
c. accessory structures shall be sited to preserve visual access to the shoreline to the maximum extent practical.
25. New highway and street construction is allowed only if there is no feasible alternate location. Only low-intensity transportation infrastructure is allowed in the Natural environment.
26. Utility facilities are subject to the standards in K.C.C. 25.16.160, as recodified by this ordinance.
27. Only bed and breakfast guesthouses.
28. Only in a marina.
29. Transportation facilities are subject to the standards in section 56 of this ordinance.
30. Only solid waste transfer stations and subject to K.C.C. 25.16.160, as recodified by this ordinance.
NEW SECTION. SECTION 32. An applicant for an aquaculture facility must use the sequential measures in section 129 of this ordinance. The following standards apply to aquaculture:
A. Unless the applicant demonstrates that the substrate modification will result in an increase in habitat diversity, aquaculture that involves little or no substrate modification shall be given preference over aquaculture that involves substantial substrate modification and the degree of proposed substrate modification shall be limited to the maximum extent practical.
B. The installation of submerged structures, intertidal structures and floating structures shall be limited to the maximum extent practical.
C. Aquaculture proposals that involve substantial substrate modification or sedimentation through dredging, trenching, digging, mechanical clam harvesting or other similar mechanisms, shall not be permitted in areas where the proposal would adversely impact critical saltwater habitats.
D. Aquaculture activities that after implementation of mitigation measures would have a significant adverse impact on natural, dynamic shoreline processes or that would result in a net loss of shoreline ecological functions shall be prohibited.
E. Aquaculture should not be located in areas that will result in significant conflicts with navigation or other water-dependent uses.
F. Aquaculture facilities shall be designed, located and managed to prevent the spread of diseases to native aquatic life or the spread of new nonnative species.
G. Aquaculture practices shall be designed to minimize use of artificial chemical substances and shall use chemical compounds that are least persistent and have the least impact on plants and animals. Herbicides and pesticides shall be used only in conformance with state and federal standard and to the minimum extent needed for the health of the aquaculture activity.
H. Commercial salmon net pen facilities shall not be located in King County waters. These do not include subsistence salmon net pen facilities operated by tribes with treaty fishing rights or the limited penned cultivation of wild salmon stocks during a limited portion of their lifecycle to enhance restoration of native stocks or when implemented as mitigation for a development activity, but only when such activities involve minimal supplemental feeding and limited use of chemicals or antibiotics as provided in subsection G. of this section.
I. If uncertainty exists regarding potential impacts of a proposed aquaculture activity and for all experimental aquaculture activities, unless otherwise provided for, the department may require baseline and periodic operational monitoring by a county-approved consultant, at the applicant's expense, and shall continue until adequate information is available to determine the success of the project and the magnitude of any probable significant adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates significant, adverse environmental impacts that cannot be adequately mitigated.
J. Aquaculture developments approved on an experimental basis shall not exceed five acres in area, except land-based projects and anchorage for floating systems, and three years in duration. The department may issue a new permit to continue an experimental project as many times as it determines is necessary and appropriate.
K. The department may require aquaculture operations to carry liability insurance in an amount commensurate with the risk of injury or damage to any person or property as a result of the project. Insurance requirements shall not be required to duplicate requirements of other agencies.
L. If aquaculture activities are authorized to use public facilities, such as boat launches or docks, King County may require the applicant to pay a portion of the cost of maintenance and any required improvements commensurate with the use of those facilities.
M. New aquatic species that are not previously cultivated in Washington state shall not be introduced into King County saltwaters or freshwaters without prior written approval of the Director of the Washington state Department of Fish and Wildlife and the Director of the Washington Department of Health. This prohibition does not apply to: Pacific, Olympia, Kumomoto, Belon or Virginica oysters; Manila, Butter, or Littleneck clams; or Geoduck clams.
N. Unless otherwise provided in the shoreline permit issued by the department, repeated introduction of an approved organism after harvest in the same location shall require approval by the county only at the time the initial aquaculture use permit is issued. Introduction, for purposes of this section, shall mean the placing of any aquatic organism in any area within the waters of King County regardless of whether it is a native or resident organism within the county and regardless of whether it is being transferred from within or without the waters of King County.
O. For aquaculture projects, over-water structures shall be allowed only if necessary for the immediate and regular operation of the facility. Over-water structures shall be limited to the, storage of necessary tools and apparatus in containers of not more than three feet in height, as measured from the surface of the raft or dock.
P. Except for the sorting or culling of the cultured organism after harvest and the washing or removal of surface materials or organisms before or after harvest, no processing of any aquaculture product shall occur in or over the water unless specifically approved by permit. All other processing and processing facilities shall be located landward of the ordinary high water mark.
Q. Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including, but not limited to, the Federal Clean Water Act, Section 401, and chapter 90.48 RCW, Water Pollution Control. No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation.
R. Unless approved in writing by the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, predator control shall not involve the killing or harassment of birds or mammals. Approved controls include, but are not limited to, double netting for seals, overhead netting for birds and three-foot high fencing or netting for otters. The use of other nonlethal, nonabusive predator control measures shall be contingent upon receipt of written approval from the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as required.
S. Fish net pens and rafts shall meet the following criteria in addition to the other applicable regulations of this section:
1. Fish net pens shall not be located in inner Quartermaster Harbor, consistent with the recommendations in the Washington state Department of Natural Resources Maury Island Environmental Aquatic Reserve Final Management Plan (October 29, 2004);
2. Fish net pens shall meet, at a minimum, state approved administrative guidelines for the management of net pen cultures. In the event there is a conflict in requirements, the more restrictive requirement shall prevail;
3. Fish net pens shall not occupy more than two surface acres of water area, excluding booming and anchoring requirements. Anchors that minimize disturbance to substrate, such as helical anchors, shall be employed. Such operations shall not use chemicals or antibiotics;
4. Aquaculture proposals that include new or added net pens or rafts shall not be located closer than one nautical mile to any other aquaculture facility that includes net pens or rafts. The department may authorize a lesser distance if the applicant demonstrates to the satisfaction of the department that the proposal will be consistent with the environmental and aesthetic policies and objectives of this chapter and the Shoreline Master Program. The applicant shall demonstrate to the satisfaction of the department that the cumulative impacts of existing and proposed operations would not be contrary to the policies and regulations of the program;
5. Net cleaning activities shall be conducted on a frequent enough basis so as not to violate state water quality standards. When feasible, the cleaning of nets and other apparatus shall be accomplished by air drying, spray washing or hand washing; and
6. In the event of a significant fish kill at the site of a net pen facility, the fin fish aquaculture operator shall submit a timely report to Public Health - Seattle-King County, Environmental Health Division and the department stating the cause of death and shall detail remedial actions to be implemented to prevent reoccurrence.
T. All floating and submerged aquaculture structures and facilities in navigable waters shall be marked in accordance with United States Coast Guard requirements.
U. The rights of treaty tribes to aquatic resources within their usual and accustomed areas shall be addressed through direct coordination between the applicant and the affected tribes through the permit review process.
V. Aquaculture structures and equipment shall be of sound construction and shall be so maintained. Abandoned or unsafe structures and equipment shall be removed or repaired promptly by the owner. Where any structure might constitute a potential hazard to the public in the future, the department shall require the posting of a bond commensurate with the cost of removal or repair. The department may abate an abandoned or unsafe structure in accordance with K.C.C. Title 23.
NEW SECTION. SECTION 33. Public boat launching facilities and marinas must meet the following standards:
A. The traffic generated the facility must be safely and conveniently handled by the streets serving the proposed facility;
B. The facility must provide adequate parking in accordance with K.C.C. chapter 21A.18;
C. Live-aboards on a vessel are only allowed in a marina and only as follows:
1. They are for residential use only;
2. The marina shall provide shower and toilet facilities on land;
3. There shall be no sewage discharges to the water;
4. Live-aboards shall not exceed ten percent of the total slips in the marina; and
5. The vessels shall be owner-occupied;
D. The marina must be sited to protect the rights of navigation;
E. The marina must be equipped with pumpout facilities;
F. The marina must have provisions available for cleanup of accidental spills of contaminants;
G. Marinas and boat ramps must be located where their development will not interrupt littoral currents, at the ends of drift cells and away from erosional pocket beaches;
H. Lighting shall be maintained to avoid creating shading for aquatic predator species and other impacts to upland wildlife;
I. Vessels moored on waters of the state shall obtain any required lease or permission from the state; and
J. New covered or enclosed moorages are not allowed in the Maury Island aquatic reserve.
SECTION 34. K.C.C. 25.20.060, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 35. Ordinance 3688, Section 506, as amended, and K.C.C. 25.20.060, are each hereby amended to read as follows:
((Forest practices may be permitted in the rural environment provided:)) A. Forest practices (((see chapter 76.09 RCW) within shorelines require a shoreline conditional use permit when occurring outside of the lands classified F in the King County zoning code. Forest practices within shorelines on lands classified F in the King County zoning code shall require a shoreline conditional use permit when)) within shorelines of statewide significance ((are involved or the forest practices would potentially impact)) shall meet the following conditions:
1. ((Geological hazards which could damage public resources;
2. State threatened or endangered species;
3. Critical wildlife habitat;
4. Streams which could create instability of the drainage or affect temperature or sediment delivery to other streams resulting in damage to public resources;
5. Identified critical areas of watersheds supplying fish hatcheries, artificial rearing areas, domestic or municipal water systems;
6. Areas having archeological or cultural significance;
7. Areas with a high potential of soil erosion.)) Only selective commercial timber harvest is allowed, except other timber harvesting methods may be permitted where the topography, soil conditions or silviculture practices necessary for forest regeneration render selective commercial timber harvests ecologically detrimental;
2. No more than thirty percent of the merchantable trees may be harvested in any ten year period of time; and
3. Clear cutting of timber that is necessary for the preparation of land for other uses authorized by the King County shoreline master program may be permitted so long as limited to the maximum extent practical.
B. ((Buffers. On all forest practices requiring a shoreline conditional use permit, a minimum buffer of 100 feet from either the ordinary high water mark or the edge of the FEMA floodway, whichever is greater, shall be established. The buffer shall be extended as necessary pursuant to the sensitive areas code to protect critical fish habitat for spawning or rearing; to alleviate surface water runoff problems; to protect habitat for endangered, threatened, sensitive or monitor species listed by the federal government or the state of Washington; to control erosion hazards or for other reasons set out in K.C.C. chapter 21A.24. Along shorelines outside of lands classified F, there shall be no harvest of timber within the buffer except for necessary roads and crossings. Along shorelines within the lands classified F where a conditional use permit is required, timber harvest within the buffer is permitted so long as the functions of the buffer are not damaged and the applicant submits a harvest plan for review and approval.
C. All culverts shall be designed to comply with K.C.C. chapter 9.04 and shall be kept clear of obstructions. The minimum size for culverts shall be fifteen inches in diameter.
D. Culverts installed in streams used by fish shall meet all requirements set by the state Department of Fish and Wildlife and K.C.C. chapter 9.04.
E. Roads and landings shall not be constructed within shoreline areas
except when necessary to:
1. Cross streams;
2. Avoid road construction on unstable soils or on steep slopes when such construction would be more harmful than a shoreline location;
3. Perform water course improvement work only after approval of the state Department of Fish and Wildlife.
F. Roads shall minimize cut and fill.
G. Where roadside material is potentially unstable or erodible, it shall be stabilized by use of seeding, compacting, riprapping, benching or other suitable means.
H. Cut slopes shall not exceed:
(X to Y) 1/4 to 1 in rock
3/4 to 1 in stable soils
1-1/2 to 1 in unstable soils
I. Side cast and embankment fill slopes shall not exceed:
(X to Y) 1-1/3 to 1 in broken rock and stable soils
1-1/2 to 1 in unstable soils
J. Running surface widths should be kept to a minimum, with not more than twenty-six feet for two-lane roads and not more than fourteen feet for single lane roads.
K. Embankment fills shall:
1. Be constructed and compacted in layers no more than two feet thick;
2. Consist of inorganic material with no buried slash or debris beneath the running surface;
3. Not encroach upon a one-hundred-year floodplain so as to reduce its storage capacity or disturb riparian vegetation.
L. Where side cast would encroach upon a one-hundred-year floodplain, end haul construction is required.
M. Waterway crossings shall be constructed with minimum disturbance to banks and existing channels.
N. Any soil or debris accidentally placed in the channel during bridge construction shall be removed by approved methods. All exposed soils shall be stabilized.
O. All bridges shall be high enough to pass all anticipated debris and high water flows.
P. Where aggregate earthen materials are used for paving or accumulate on bridges, sufficient curbs shall be installed to contain the surface material.
Q. Each stringer bridge shall have one secured end and one end free to swing.
R. When active use of a logging road is discontinued, it shall be left in such condition to provide adequate drainage and soil stability.
S. Equipment used for transportation, storage or application of chemicals shall be maintained in leakproof condition. If there is evidence of chemical leakage, the further use of such equipment must be suspended until the deficiency has been satisfactorily corrected.
T. Materials treated with penta, creosote or other chemicals shall be dried completely before use in any lake or stream)) Forest practices in the Natural environment must be of low intensity and only for the purpose of enhancing forest health.
C. Forest practices within shoreline environments must comply with the Forest Practices Rules in Title 222 WAC and the revised Forest Practices Board Manual except:
1. The small forest landowner forestry riparian easement program established in chapter 222-21 WAC does not apply within shorelines; and
2. Roads crossing wetlands and aquatic areas within shorelines shall not exceed fourteen feet in width for single lane roads and twenty-six feet in width for two-lane roads, plus any additional width needed for curves or safety conditions.
NEW SECTION. SECTION 36. Public access, including pedestrian and bicycle pathways, shall be located in accordance with the shoreline public access plan and as follows:
A. Except as otherwise provided in subsection B. of this section, public access shall be required for:
1. Attached residential developments;
2. New subdivisions of more than four lots;
3. Developments for water enjoyment, water related and non-water-dependent uses;
4. Publicly owned land, including, but not limited to, land owned by public agencies and public utilities;
5. Marinas; and
6. Publicly financed shoreline stabilization projects.
B. Public access shall:
1. Connect to other public and private public access and recreation facilities on adjacent parcels to the maximum extent practical;
2. Be sited to ensure public safety is considered; and
3. Be open to the general public;
C. Public access is not required if the applicant demonstrates to the satisfaction of the department that public access would be incompatible with the proposed use because of safety or security issues, would result in adverse impacts to the shoreline environment that cannot be mitigated or there are constitutional or other legal limitations that preclude requiring public access;
D. Public pedestrian and bicycle pathways and recreation areas constructed as part of a private development proposal should enhance access and enjoyment of the shoreline and provide features in scale with the development, such as:
1. View points;
2. Places to congregate in proportion to the scale of the development;
3. Benches and picnic tables;
4. Pathways; and
5. Connections to other public and private public access and recreation facilities; and
E. Private access from single detached residences to the shoreline shall:
1. Not exceed three feet in width;
2. Avoid removal of significant trees and other woody vegetation to the maximum extent practical; and
3. Avoid a location that is parallel to the shoreline to the maximum extent practical.
SECTION 37. K.C.C. 25.16.200, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 38. Ordinance 3688, Section 415, and K.C.C. 25.16.200, are each hereby amended to read as follows:
Recreational development ((may be permitted in the urban environment subject to the general requirements (Section 25.16.030) of this chapter, and provided)) must meet the following standards:
A. The recreational development ((is)) must be permitted in the underlying zone((.));
B. Recreational uses in the Natural environment must be water-oriented;
C. Swimming areas shall be separated from boat launch areas and marinas((.)), to the maximum extent practical;
((C.)) D. The development of underwater sites for sport diving shall not:
1. Take place at depths of greater than eighty feet;
2. Constitute a navigational hazard; and
3. Be located in areas where the normal waterborne traffic would constitute a hazard to those people who may use such a site((.));
((D.)) E. The construction of swimming facilities, docks, piers, moorages, buoys, floats and launching facilities below the ordinary high water mark shall be governed by the regulations relating to docks, piers, ((and)) moorage, buoys, floats or launching facility construction in ((the commercial development section (Section 25.16.070) of this chapter.)) K.C.C. 25.16.120, as recodified by this ordinance;
((E.)) F. Public boat launching facilities or marinas ((may be developed, provided:
1. The traffic generated by such a facility can be safely and conveniently handled by the streets serving the proposed facility;
2. The facility will not be located on a Class I beach.
F. Upland facilities constructed in conjunction with a recreational development shall be setback and/or sited to avoid contamination of the shorelines of the state.
G. All service facilities within and associated with marinas shall have provisions to prevent and control contaminants from entering the water. Provisions shall be available for cleanup of accidental spills of contaminants.
H. Marina facilities shall be prohibited on Class I beaches or where their development would interrupt littoral currents and starve Class I beaches.
I. Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies.
J.)) shall be governed by section 33 of this ordinance;
G. Campgrounds in the Natural environment shall meet the following conditions:
1. Campsites shall be located outside the shoreline jurisdiction if possible, and if not, be located outside of critical areas buffers;
2. Restrooms and parking shall be located outside the shoreline jurisdiction; and
3. Removal of vegetation shall be limited to the maximum extent practical;
H. Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area((.));
((K.)) I. Water viewing, nature study, recording and viewing shall be accommodated by open space, platforms, benches or shelter, consistent with public safety and security;
J. Public recreation shall be provided on county-owned lands consistent with this chapter unless the director determines public recreation is not compatible with other uses on the site or will create a public safety risk; and
K. To the maximum extent practical, proposals for non water oriented active recreation facilities shall be located outside of the shoreline jurisdiction and shall not be permitted where the non water oriented active recreation facility would have an adverse impact on critical saltwater habitat.
NEW SECTION. SECTION 39. A. The shoreline modification table in this section determines whether a specific shoreline modification is allowed within each of the shoreline environments. The shoreline environment is located on the vertical column and the specific use is located on the horizontal row of the table. The specific modifications are grouped by the shoreline modification categories in WAC 173-26-231. The table should be interpreted as follows:
1. If the cell is blank in the box at the intersection of the column and the row, the modification is prohibited in that shoreline environment;
2. If the letter "P" appears in the box at the intersection of the column and the row, the modification may be allowed within the shoreline environment;
3. If the letter "C" appears in the box at the intersection of the column and the row, the modification may be allowed within the shoreline environment subject to the shoreline conditional use review procedures specified in K.C.C. 25.32.050, as recodified by this ordinance;
4. If a number appears in the box at the intersection of the column and the row, the modification may be allowed subject to the appropriate review process indicated in this section and the specific development conditions indicated with the corresponding number immediately following the table, and only if the underlying zoning allows the modification. If more than one number appears at the intersection of the column and row, both numbers apply; and
5. If more than one letter-number combination appears in the box at the intersection of the column and the row, the modification is allowed within that shoreline environment subject to different sets of limitations or conditions depending on the review process indicated by the letter, the specific development conditions indicated in the development condition with the corresponding number immediately following the table.
6. A shoreline modification may be allowed in the aquatic environment only if that shoreline modification is allowed in the adjacent shoreland environment.
7. This section does not authorize a shoreline modification that is not allowed by the underlying zoning, but may add additional restrictions or conditions or prohibit specific modifications within the shoreline jurisdiction. All shoreline modifications in the shoreline jurisdiction must comply with all relevant county code provisions and with the King County Shoreline Master Program.
B. Shoreline modifications.
KEY P - Permitted Modification. C - Shoreline Conditional Use Required. Blank - Prohibited. Shoreline modifications are allowed only if the underlying zoning allows the modification. Shoreline modifications are allowed in the aquatic environment only if the adjacent upland environment allows the modification |
H I I N G T H E N S I T Y |
R E S I D E N T I A L |
R U R A L |
C O N S E R V A N C Y |
R E S O U R C E |
F O R E S T R Y |
N A T U R A L |
A Q U A T I C |
Shoreline stabilization |
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Shoreline stabilization, not including flood protection facilities |
P1 |
P1 |
P1 |
C1 |
P1 |
C1 |
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P1 C1 |
Flood protection facilities |
P2 |
P2 |
P2 |
P2 |
P2 |
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P2 |
Piers and docks |
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Docks, piers, moorage, buoys, floats or launching facilities |
P3 |
P3 |
P3 |
C3 |
C3 |
C3 |
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P3 C3 |
Fill |
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Filling |
P4 C4 |
P4 C4 |
P4 C4 |
P4 C4 |
P4 C4 |
C4 |
C4 |
P4 C4 |
Breakwaters, jetties, groins and weirs |
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Breakwaters, jetties, groins and weirs |
P5 C5 |
P5 C5 |
P5 C5 |
P5 C5 |
P5 C5 |
P5 C5 |
P5 C5 |
P5 C5 |
Beach and dunes management |
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Not applicable in King County |
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Dredging and dredge material disposal |
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Excavation, dredging, dredge material disposal |
P6 C6 |
P6 C6 |
P6 C6 |
P6 C6 |
P6 C6 |
C6 |
C6 |
P6 C6 |
Shoreline habitat and natural systems enhancement projects |
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Habitat and natural systems enhancement projects |
P7 |
P7 |
P7 |
P7 |
P7 |
P7 |
P7 |
P7 |
Vegetation management |
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Removal of existing intact native vegetation |
P8 |
P8 |
P8 |
P9 |
P8 |
P8 |
P9 |
P9 |
C. Development conditions.
1. New shoreline stabilization, including bulkheads, must meet the standards in K.C.C. 25.16.180, as recodified by this ordinance;
2. Flood protection facilities must be consistent with the standards in K.C.C. chapter 21A.24, the King County Flood Hazard Management Plan adopted January 16, 2007 and the Integrated Stream Protection Guidelines (Washington state departments of Fish and Wildlife, Ecology and Transportation, 2003). New flood protection facilities designed as shoreline stabilization must meet the standards in K.C.C. 25.16.180, as recodified by this ordinance.
3. Docks, piers, moorage, buoys, floats or launching facilities must meet the standards in K.C.C. 25.16.120, as recodified by this ordinance;
4.a. Filling must meet the standards in K.C.C. 25.16.190, as recodified by this ordinance.
b. A shoreline conditional use permit is required to:
(1) Place fill waterward of the ordinary high water mark for any use except ecological restoration or for the maintenance and repair of flood protection facilities; and
(2) Dispose of dredged material within shorelands or wetlands within a channel migration zone;
c. Fill shall not placed in critical saltwater habitats except when all of the following conditions are met:
(1) The public's need for the proposal is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020;
(2) Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible or would result in unreasonable and disproportionate cost to accomplish the same general purpose;
(3) The project including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat; and
(4) The project is consistent with the state's interest in resource protection and species recovery.
d. In a channel migration zone, any filling shall protect shoreline ecological functions, including channel migration.
5.a. Breakwaters, jetties, groins and weirs:
(1) are only allowed where necessary to support water dependent uses, public access, approved shoreline stabilization or other public uses, as determined by the director;
(2) are not allowed in the Maury Island Aquatic Reserve except as part of a habitat restoration project or as an alternative to construction of a shoreline stabilization structure;
(3) shall not intrude into or over critical saltwater habitats except when all of the following conditions are met:
(a) the public's need for the structure is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020;
(b) avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible or would result in unreasonable and disproportionate cost to accomplish the same general purpose;
(c) the project including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat; and
(d) the project is consistent with the state's interest in resource protection and species recovery.
b. Groins are only allowed as part of a restoration project sponsored or cosponsored by a public agency that has natural resource management as a primary function.
c. A conditional shoreline use permit is required, except for structures installed to protect or restore shoreline ecological functions.
6. Excavation, dredging and filling must meet the standards in K.C.C. 25.16.190, as recodified by this ordinance. A shoreline conditional use permit is required to dispose of dredged material within shorelands or wetlands within a channel migration zone
7. If the department determines the primary purpose is restoration of the natural character and ecological functions of the shoreline, a shoreline habitat and natural systems enhancement project may include shoreline modification of vegetation, removal of nonnative or invasive plants, shoreline stabilization, including the installation of large woody debris, dredging and filling. Mitigation actions identified through biological assessments required by the National Marine Fisheries Services and applied to flood hazard mitigation projects may include shoreline modifications of vegetation, removal of nonnative or invasive plants, shoreline stabilization, including the installation of large woody debris, dredging and filling.
8. Within the critical area and critical area buffer, vegetation removal is subject to K.C.C. chapter 21A.24.
9. Except for forest practices conducted under K.C.C. 25.20.060, as recodified by this ordinance, existing native vegetation located outside of the critical area and critical area buffer shall be retained to the maximum extent practical. Within the critical area and critical area buffer, vegetation removal is subject to K.C.C. chapter 21A.24.
SECTION 40. K.C.C. 25.16.180, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 41. Ordinance 3688, Section 413, as amended, and K.C.C. 25.16.180, are each hereby amended to read as follows:
A. Shoreline stabilization shall not be considered an outright use and shall be permitted only when the department determines that shoreline protection is necessary for the protection of existing legally established primary structures, new or existing non-water-dependent development, new or existing water-dependent development or projects restoring ecological functions or remediating hazardous substance discharges. Vegetation, berms, bioengineering techniques and other nonstructural alternatives that preserve the natural character of the shore shall be preferred over riprap, concrete revetments, bulkheads, breakwaters and other structural stabilization. Riprap using rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters and other structural stabilization. Lesser impacting measures should be used before more impacting measures.
B. Structural ((S))shoreline ((protection)) stabilization may be permitted ((in the urban environment, provided)) subject to the standards in this chapter and as follows:
((A.)) 1. The applicant provides a geotechnical analysis that demonstrates that erosion from waves or currents is imminently threatening or that, unless the structural shoreline stabilization is constructed, damage is expected to occur within three years;
2. The erosion is not caused by upland conditions;
3. The proposed structural shoreline protection will provide greater protection than feasible, nonstructural alternatives such as slope drainage systems, vegetative growth stabilization, gravel berms and beach nourishment;
4. The proposal is the minimum necessary to protect existing legally established primary structures, new or existing non-water-dependent development, new or existing water-dependent development or projects restoring ecological functions or remediating hazardous substance discharges; and
5. Adequate mitigation measures will be provided to maintain existing shoreline processes and critical fish and wildlife habitat and ensure no net loss or function of intertidal or riparian habitat.
C. Shoreline ((protection)) stabilization to replace existing shoreline ((protection)) stabilization shall be placed ((along the same alignment as the shoreline protection it is replacing)) landward of the existing shoreline stabilization, but may be placed waterward directly abutting the old structure only in cases where removal of the old structure would result in ((construction problems;)) greater impact on ecological functions. In critical saltwater habitats, existing shoreline stabilization shall not be allowed to remain in place if the existing shoreline stabilization is resulting in the loss of ecological functions. Adequate mitigation measures that maintain existing shoreline processes and critical fish and wildlife habitat must be provided that ensures no net loss or function of intertidal or riparian habitat.
((B. On lots where the abutting lots on both sides have legally established bulkheads, a bulkhead may be installed no further waterward than the bulkheads on the abutting lots, provided that the horizontal distance between existing bulkheads on adjoining lots does not exceed one-hundred feet. The manager may, upon review, permit a bulkhead to connect two directly adjoining bulkheads , for a distance up to one hundred fifty feet. In making such a determination the manager shall consider the amount of inter-tidal land/or water bottom to be covered, the existence of fish or shellfish resources thereon, and whether the proposed use or structure could be accommodated by other configurations of bulkhead which would result in less loss of shoreland, tideland, or water bottom;
C. In order for a proposed bulkhead to qualify for the RCW 90.58.030(3) (e) (iii) exemption from the shoreline permit requirements and to insure that such bulkheads will be consistent with this program as required by RCW 90.58.141(1), the Building and Land Development Division shall review the proposed design as it relates to local physical conditions and the King County shoreline master program and must find that:
1. Erosion from waves or currents is imminently threatening a legally established residence or one or more substantial accessory structures, and
2. The proposed bulkhead is more consistent with the King County shoreline master program in protecting the site and adjoining shorelines than feasible, non-structural alternatives such as slope drainage systems, vegetative growth stabilization, gravel berms and beach nourishment, are not feasible or will not adequately protect a legally established residence or substantial accessory structure, and
3. The proposed bulkhead is located landward of the ordinary high water mark or it connects to adjacent, legally established bulkheads as in subsection B. above, and
4. The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters as determined by the National Ocean Survey published by the National Oceanic and Atmospheric Administration or four feet in height on lakes;
D. Shoreline protection shall not be considered an outright permitted use and shall be permitted only when it has been demonstrated that shoreline protection is necessary for the protection of existing legally established structures and public improvements or the preservation of important agricultural lands as designated by the Office of Agriculture.))
E. Shoreline stabilization is prohibited along feeder bluffs and critical saltwater habitat, unless a geotechnical report demonstrates an imminent danger to a legally established structure or public improvement. If allowed, shoreline stabilization along feeder bluffs and critical saltwater habitat must be designed to have the least impact on these resources and on sediment conveyance systems.
F. Shoreline ((protection)) stabilization shall ((not have)) minimize the adverse impact on the property of others to the maximum extent practical.
((F.)) G. Shoreline ((protection)) stabilization shall not be used to create new lands ((, except that groins may be used to create a public Class I beach if they comply with all other conditions of this section)).
((G.)) H. Shoreline ((protection)) stabilization shall not ((significantly)) interfere with ((normal)) surface ((and/))or subsurface drainage into the water body.
((H.)) I. Automobile bodies or other junk or waste material ((which)) that may release undesirable material shall not be used for shoreline ((protection)) stabilization.
((I.)) J. Shoreline ((protection)) stabilization shall be designed so as not to constitute a hazard to navigation and to not substantially interfere with visual access to the water.
((J.)) K. Shoreline ((protection)) stabilization shall be designed so as not to create a need for shoreline ((protection)) stabilization elsewhere.
((K. Bulkheads on Class I beaches shall be located no farther waterward than the bluff or bank line;
L. Bulkheads must be approved by the Washington State Department of Fisheries;
M. Bulkheads shall be constructed using an approved filter cloth or other suitable means to allow passage of surface and groundwater without internal erosion of fine material;
N. Groins are permitted only as part of a professionally designed community or public beach management program.))
L. Shoreline stabilization shall comply with the Integrated Stream Protection Guidelines (Washington state departments of Fish and Wildlife, Ecology and Transportation, 2003) and shall be designed to allow for appropriate public access to the shoreline.
M. The department shall provide a notice to an applicant for new development or redevelopment located within the shoreline jurisdiction on Vashon and Maury Island that the development may be impacted by sea level rise and recommend that the applicant voluntarily consider setting the development back further than required by this title to allow for future sea level rise.
SECTION 42. K.C.C. 25.16.120, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 43. Ordinance 3688, Section 409(4), as amended, and K.C.C. 25.16.120 are each hereby amended to read as follows:
Any dock, pier, moorage pile or buoy, float or launching facility authorized by ((K.C.C. 25.16.090 through 25.16.140)) this chapter shall be subject to the following conditions:
A. ((No structure may be located nor extend further waterward of the ordinary high water mark than one-fourth the total distance from the shoreline associated with the structure to the opposite shoreline. This total distance shall be measured from the point where the authorized structure abuts the ordinary high water mark to the nearest opposite high water mark as measured along a straight line; provided, when the structure does not abut the ordinary high water mark, the distance from one ordinary high water mark to the opposite ordinary high water mark shall be measured along the shortest straight line passing through the center of that structure which commences from the property associated with such a structure.)) Docks, piers, moorage piles or buoys, floats or launching facilities are allowed only for water dependent uses or for public access and shall be limited to the minimize size necessary to support the use. New private boat launch ramps are not allowed;
B. Any dock, pier, moorage pile or buoy, float or launching facility proposal on marine waters:
1. must include an evaluation of the nearshore environment and the potential impact of the facility on that environment; and
2. avoid impacts to critical saltwater habitats unless an alternative alignment or location is not feasible;
C. In the High Intensity, Residential, Rural and Conservancy environments, the following standards apply:
1. Only one dock, pier, moorage pile or buoy, float or launching facility may be allowed for a single detached residential lot and only if the applicant demonstrates there is no feasible practical alternative;
2. For subdivisions or short subdivisions or for multi-unit dwelling unit development proposals:
a. Only one joint use dock, pier, float or launching facility is allowed; and
b. One moorage pile or buoy if a dock, pier, float or launching facility is allowed or two moorage piles or buoys if a dock, pier, float, or launching facility is not allowed;
3. Only one dock, pier, moorage pile or buoy, float or launching facility is allowed for each commercial or industrial use; and
4. Multi-user recreational boating facilities serving more than four single detached residences shall comply with Section 33 of this ordinance.
D. In the Conservancy environment, a dock, pier, moorage pile or buoy, float or launching facility for a commercial or manufacturing use must be located at least two hundred fifty feet from another dock or pier;
E. In the Resource and Forestry Shoreline environments, only one dock, pier, moorage pile or buoy, float or launching facility is permitted and only as an accessory use to a residential use or to support a resource or forestry use;
F. In the Natural environment, a dock, pier, moorage pile or buoy, float or launching facility is prohibited;
G. In freshwater lakes:
1. A new pier, dock or moorage pile for residential uses shall meet the following requirements:
New Pier, Dock or Moorage Piles |
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Dimensional and Design Standards |
a. |
Maximum Area: surface coverage, including all attached float decking, ramps, ells and fingers |
(1) |
480 square feet for single dwelling unit; |
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(2) |
700 square feet for joint-use facility used by 2 dwelling units; |
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(3) |
1000 square feet for joint-use facility used by 3 or more dwelling units; |
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(4) |
These area limitations shall include platform lifts; |
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(5) |
150 square feet for float for a single dwelling unit; and |
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(6) |
Where a pier cannot reasonably be constructed under the area limitation above to obtain a moorage depth of 10 feet measured below ordinary high water, an additional 4 square feet of area may be added for each additional foot of pier length needed to reach 10 feet of water depth at the landward end of the pier, provided that all other area dimensions, such as maximum width and length, have been minimized. |
b. |
Maximum Length for piers, docks, ells, fingers and attached floats |
(1) |
(A) |
On Lake Washington and Lake Sammamish, 150 ft, but piers or docks extending further waterward than adjacent piers or docks must demonstrate that they will not have an adverse impact on navigation; and |
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(B) |
On all other freshwater lakes, the shorter of: 80 feet or the point where the water depth is 13 feet below ordinary high water |
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(2) |
26 feet for ells; and |
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(3) |
20 feet for fingers and float decking attached to a pier |
c. |
Maximum Width |
(1) |
4 feet for pier or dock walkway or ramp; |
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(2) |
6 feet for ells; |
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(3) |
2 feet for fingers; |
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(4) |
6 feet for float decking attached to a pier, must contain a minimum of 2 feet of grating down the center of the entire float; and |
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(5) |
For piers or docks with no ells or fingers, the most waterward 26-foot section of the walkway may be 6 feet wide. |
d. |
Height of piers and diving boards |
(1) |
Minimum of 1.5 feet above ordinary high water to bottom of pier stringers, except the floating section of a dock and float decking attached to a pier; |
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(2) |
Maximum of 3 feet above deck surface for diving boards or similar features; |
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(3) |
Maximum of 3 feet above deck for safety railing, which shall be an open framework. |
e. |
Minimum Water Depth for ells and float decking attached to a pier |
(1) |
Must be in water with depths of 10 feet or greater at the landward end of the float |
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(2) |
Must be in water with depths of 9 feet or greater at the landward end of the ell or finger |
f. |
Decking for piers, docks walkways, platform lifts, ells and fingers |
(1) |
If float tubs for docks preclude use of fully grated decking material, then a minimum of 2 feet of grating down the center of the entire float shall be provided |
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(2) |
Piers, docks, and platform lifts must be fully grated or contain other materials that allow a minimum of fifty percent light transmittance through the material |
g. |
Location of ells, fingers and deck platforms |
(1) |
Within 30 feet of the OHWM, only the pier walkway or ramp is allowed |
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(2) |
No closer than 30 feet waterward of the OHWM, measured perpendicular to the OHWM |
h. |
Pilings and Moorage Piles |
(1) |
Pilings or moorage piles shall not be treated with pentachlorophenol, creosote, chromated copper arsenate (CCA) or comparably toxic compounds. |
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(2) |
First set of pilings or moorage piles located no closer than 18 feet from OHWM |
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(3) |
Moorage piles shall not be any farther waterward than the end of the pier or dock |
i. |
Mitigation |
Plantings or other mitigation as provided in subsection L. of this section. |
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2. On Lake Washington and Lake Sammamish, the department may approve the following modifications to a new pier proposal that deviates from the dimensional standards of subsection G.1. of this section if both the U.S. Army Corps of Engineers and Washington state Department of Fish and Wildlife have approved an alternate project design. In addition, the following requirements and all other applicable provisions in this chapter shall be met:
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Administrative Approval for Alternative Design of New Pier or Dock |
Requirements |
a. |
State and Federal Agency Approval |
U.S. Army Corps of Engineers, and the Washington state Department of Fish and Wildlife have approved proposal |
b. |
Maximum Area |
No larger than authorized through state and federal approval |
c. |
Maximum Width |
(1) |
Except as provided in c.ii. of this subsection, the pier and all components shall meet the standards noted in subsection G.1. of this section. |
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(2) |
4 feet for portion of pier or dock located within 30 feet of the OHWM; and 6 feet for walkways |
d. |
Minimum Water Depth |
No shallower than authorized through state and federal approval |
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3.a. A replacement of an existing pier or dock shall meet the following requirements:
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Replacement of Existing Pier or Dock |
Requirements |
(1) |
Replacement of entire existing pier or dock, including piles OR more than fifty percent of the pier-support piles and more than fifty percent of the decking or decking substructure (e.g. stringers) |
Must meet the dimensional decking and design standards for new piers as described in subsection G.1. of this section, except the department may approve an alternative design described in subsection G.3.b. of this section. |
(2) |
Mitigation |
(a) |
Existing skirting shall be removed and may not be replaced. |
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(b) |
Existing in-water and overwater structures other than existing pier or dock located within 30 feet of the OHWM, except for existing or authorized shoreline stabilization measures, shall be removed. |
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b. On Lake Washington and Lake Sammamish, the department may approve the following modifications to a pier replacement proposal that deviates from the dimensional standards of subsection G.1. of this section, if both the U.S. Army Corps of Engineers and Washington state Department of Fish and Wildlife have approved an alternate project design. With submittal of a building permit, the applicant shall provide documentation that the U.S. Army Corps of Engineers, and the Washington state Department of Fish and Wildlife have approved the alternative proposal design. In addition, the following requirements and all other applicable provisions in this chapter shall be met;
Administrative Approval for Alternative Design of Replacement Pier or Dock |
Requirements |
(1) |
State and Federal Agency Approval |
U.S. Army Corps of Engineers and the Washington state Department of Fish and Wildlife have approved proposal |
(2) |
Maximum Area |
No larger than existing pier or that allowed under subsection G.1. of this section, whichever is greater |
(3) |
Maximum Length |
26 feet for fingers and float decking attached to a pier. Otherwise, the pier and all components shall meet the standards noted in subsection G.1. of this section |
(4) |
Maximum Width |
(a) 4 feet for walkway or ramp located within 30 feet of the OHWM; otherwise, 6 feet for walkways |
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(b) 8 feet for ells and float decking attached to a pier |
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(c) For piers with no ells or fingers, the most waterward 26 feet section of the walkway may be 8 feet wide |
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(d) Otherwise, the pier and all components shall meet the standards noted in subsection G.1. of this section |
(5) |
Minimum Water Depth |
No shallower than authorized through state and federal approval |
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4. Proposals involving the addition to or enlargement of existing piers or docks must comply with the requirements in the following table. These provisions shall not be used in combination with the provisions for new or replacement piers in subsections G.1. or G.3. of this section.
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Addition to Existing Pier or Dock |
Requirements |
a. |
Addition or enlargement |
(1). |
Must demonstrate that there are no alternatives with less impact on the shoreline; and |
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(2) |
Must demonstrate that there is a need for the enlargement of an existing pier or dock and that there are no alternatives with less impact on the shoreline Examples of need include, but are not limited to safety concerns or inadequate depth of water |
b. |
Dimensional standards |
Enlarged portions must comply with the new pier or dock standards for length and width, height, water depth, location, decking and pilings and for materials as described in subsection G.1. of this section. |
c. |
Decking for piers, docks walkways, ells and fingers |
Must convert an area of decking within 30 feet of the OHWM to grated decking equivalent in size to the additional surface coverage. Grated or other materials must allow a minimum of fifty percent light transmittance through the material |
d. |
Mitigation |
(1) |
Existing skirting shall be removed and may not be replaced |
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(2) |
Existing in-water and overwater structures located within 30 feet of the OHWM, except for existing or authorized shoreline stabilization measures or pier or dock walkways or piers, shall be removed at a 1:1 ratio to the area of the addition |
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5.a. Repair proposals that replace only decking or decking substructure and less than fifty percent of the existing pier-support piles must comply with the following regulations:
Minor Repair of Existing Pier or Dock |
Requirements |
(1) |
Replacement pilings or moorage piles |
(a) |
Must use materials as described under subsection G.1.h.iii. of this section |
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(b) |
Must minimize the size of pilings or moorage piles and maximize the spacing between pilings to the extent allowed by site-specific engineering or design considerations |
(2) |
Replacement of 50 percent or more of the decking or 50 percent or more of decking substructure |
Must replace any solid decking surface of the pier or dock located within 30 feet of the OHWM with a grated surface material that allows a minimum of fifty percent light transmittance through the material |
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b. Other repairs to existing legally established moorage facilities where the nature of the repair is not described in this subsection shall be considered minor repairs and are permitted, consistent with all other applicable codes and regulations. If cumulative repairs of an existing pier or dock would make a proposed repair exceed the threshold for a replacement pier established in subsection G.3. of this section, the repair proposal shall be reviewed under subsection G.1. of this section for a new pier or dock, except as described in subsection G.3.b. of this section for administrative approval of alternative design.
H. Boatlifts, personal watercraft lifts, boatlift canopies and moorage piles may be permitted as an accessory to piers and docks, subject to the following regulations:
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Boatlift, Personal Watercraft Lift, Boat Canopy and Moorage Piles |
Requirements |
1. |
Location |
a, |
Boat lifts shall be placed as far waterward of the OHWM as feasible and safe, but not more than sixty feet from OHWM |
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b. |
Boat lifts are not permitted within the Maury Island Environmental Aquatic Reserve |
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c. |
The bottom of a boatlift canopy shall be elevated above the boatlift to the maximum extent practical, the lowest edge of the canopy must be a least 4 feet above the ordinary high water, and the top of the canopy must not extend more than 7 feet above an associated pier |
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d. |
Moorage piles shall not be closer than 30 feet from OHWM or any farther waterward than the end of the pier or dock |
2. |
Maximum Number |
a. |
1 free-standing or deck-mounted boatlift per dwelling unit |
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b. |
1 personal watercraft lift or 1 fully grated platform lift per dwelling unit |
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c. |
1 boatlift canopy per dwelling unit, including joint use piers |
3. |
Canopy Materials |
a. |
Must be made of translucent fabric materials. |
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b. |
Must not be constructed of permanent structural material. |
4. |
Fill for Boatlift |
a. |
Maximum of 2 cubic yards of fill are permitted to anchor a boatlift, subject to the following requirements: |
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b. |
May only be used if the substrate prevents the use of anchoring devices that can be embedded into the substrate |
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c. |
Must be clean |
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d. |
Must consist of rock or pre-cast concrete blocks |
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e. |
Must only be used to anchor the boatlift |
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f. |
Minimum amount of fill is used to anchor the boatlift |
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I. Moorage buoys shall meet the following conditions:
1. Buoys shall not impede navigation;
2. The use of buoys for moorage of recreational and commercial vessels is preferred over pilings or float structures;
3. Buoys shall be located and managed in a manner that minimizes impacts to eelgrass and other aquatic vegetation;
4. Preference should be given mid-line float or all-rope line systems that have the least impact on marine vegetation;
5. New buoys that would result in a closure of local shellfish beds for future harvest shall be prohibited; and
6. No more than four buoys per acre are allowed.
J.1. A boat lift, dock, pier, moorage pile or buoy, float, launching facility or other overwater structure or device shall meet the following setback requirements:
a. All piers, docks, boatlifts and moorage piles for detached dwelling unit use shall comply with the following location standards:
New Pier, Dock, Boatlift and Moorage Pile or Buoy |
Minimum Setback Standards |
(1) |
Side property lines |
15 feet |
(2) |
Another moorage structure not on the subject property, excluding adjacent moorage structure that does not comply with required side property line setback |
25 feet, except that this standard shall not apply to moorage piles |
(3) |
Outlet of an aquatic area, including piped streams |
Maximum distance feasible while meeting other required setback standards established under this section |
(4) |
Public park |
Outside of the urban growth area, 25 feet |
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b. Joint-use structures may abut property lines when the property owners sharing the moorage facility have mutually agreed to the structure location in a contract recorded with the King County division of records and elections to run with the properties. A copy of the contract must accompany an application for a building permit or a shoreline permit.
2. An overwater structure may abut property lines for the common use of adjacent property owners
K. On marine shorelines, a new, repaired, or replaced pier, dock or float for residential uses shall meet the following requirements:
Pier, Dock or Float on Marine Waters |
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Dimensional and Design Standards |
1. |
Maximum Area: surface coverage, including all attached float decking and ramps |
a. |
480 square feet for single dwelling unit; |
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b. |
700 square feet for joint-use facility used by 2 dwelling units; |
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c. |
1000 square feet for joint-use facility used by 3 or more dwelling units; |
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d. |
These area limitations shall include platform lifts; and |
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e. |
240 square feet for float for a single dwelling unit. |
2. |
Maximum Width |
a. |
4 feet for pier or dock for single dwelling unit; |
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b. |
6 feet for pier or dock for joint use facility; and |
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c. |
4 feet for ramp connecting to a pier or float |
3. |
Floats |
a. |
For a single-use structure, the float width must not exceed 8 feet and the float length must not exceed 30 feet. Functional grating must be installed on at least 50% of the surface area of the float; |
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b. |
For a joint-use structure, the float width must not exceed 8 feet and the float length must not exceed 60 feet. Functional grating must be installed on at least 50% of the surface area of the float; |
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c. |
To the maximum extent practical, floats must be installed with the length in the north-south direction; |
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d. |
If the float is removed seasonally, the floats shall be stored above mean high/higher water/ordinary high water line at a department approved location; |
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e. |
Flotation for the float shall be fully enclosed and contained in a shell, such as polystyrene tubs not shrink wrapped or sprayed coatings, that prevents breakup or loss of the flotation material into the water and is not readily subject to damage by ultraviolet radiation or abrasion caused by rubbing against piling or waterborne debris; |
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f. |
Flotation components shall be installed under the solid portions of the float, not under the grating; and |
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g. |
If the float is positioned perpendicular to the ramp, a small float may be installed to accommodate the movement of the ramp due to tidal fluctuations. The dimensions of the small float cannot exceed 6 feet in width and 10 feet in length. |
4. |
Float stops |
a. |
To suspend the float above the substrate, the preferred and least impacting option is to suspend the float above the substrate by installing float stops (stoppers) on piling anchoring new floats. The stops must be able to fully support the entire float during all tidal elevations; |
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b. |
If float stops attached to pilings are not feasible (this must be explained in the application), then up to four 10 inch diameter stub pilings can be installed instead; |
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c. |
Float feet attached to the float may be considered an option only under these circumstances: (A) in coarse substrate with 25% of the grains are at least 25 mm in size for a grain size sample taken from the upper one foot of substrate; and (B) for elevations of 3 feet below mean high high water and lower, if 25% of the grains are at least 4 mm in size for a grain size sample taken from the upper one foot of substrate; |
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d. |
For repair or replacement of existing float feet if: (A) substrate contains mostly gravel; and (B) proposed replacement or repair includes other improvements of the environmental baseline, such as the removal of creosote-treated piling and increased amounts of grating; and |
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e. |
Floats can be held in place with lines anchored with a helical screw or "duckbill" anchor, piling with stoppers or float support/stub pilings as follows: (A) For a single-use float, a maximum of 4 piling (not including stub piling) or helical screw or “duckbill” anchors can be installed to hold the float in place. (B) For a joint-use float, a maximum of 8 piling or helical screw or "duckbill" anchors can be installed to hold the float in place. (C) If anchors and anchor lines need to be used, the anchor lines shall not rest on the substrate at any time. (D) In rocky substrates where a helical screw or "duckbill" anchor cannot be used, if the applicant submits a rationale why these types of anchors cannot be used and the department concurs with this rationale, a department approved anchor of another type, such as a concrete block, may be permitted. |
5. |
Decking for piers, docks walkways, platform lifts, ells and fingers |
a. |
Grating must not be covered, on the surface or underneath, with any stored items, such as floats, canoes, kayaks, planter boxes, sheds, carpet, boards or furniture; |
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b. |
Grating shall be kept clean of algae, mud or other debris that may impede light transmission; |
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c, |
Piers, docks, and platform lifts must be fully grated or contain other materials that allow a minimum of fifty percent light transmittance through the material; |
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d. |
Grating openings shall be oriented lengthwise in the east-west direction to the extent practicable and the structures themselves should be oriented to maximize natural light penetration; |
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e. |
Overwater structures shall incorporate as much functional grating as possible. Grating needs to have a minimum of 60 % open area; and |
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f. |
The area of floating boat lifts to be moored at the overwater structure shall be included in the float grating calculations. |
6. |
Pier or dock configuration |
Only straight line piers or docks are allowed. Ells, fingers or "T" shaped docks and piers are not allowed. |
7. |
Pilings and Moorage Piles |
a. |
Pilings or moorage piles shall not be treated with pentachlorophenol, creosote, chromated copper arsenate (CCA) or comparably toxic compounds; |
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b. |
Replacement or proposed new piling can be steel, concrete, plastic or untreated or treated wood. Any piling subject to abrasion and subsequent deposition of material into the water shall incorporate design features to minimize contact between all of the different components of overwater structures during all tidal elevations; |
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c. |
New piling associated with a new pier must be spaced at least 20 feet apart lengthwise along the structure, unless the length of structure itself is less than 20 feet. If the structure itself is less than 20 feet in length, piling can only be placed at the ends of the structure. Piles in forage fish spawning areas shall be spaced at least 40 feet apart; |
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d. |
If the project includes the replacement of existing piling, they should be either partially cut with a new piling secured directly on top, fully extracted, or cut 2-feet below the mudline. If treated piling are fully extracted or cut, the holes or piles must be capped with clean, appropriate material. Hydraulic water jets cannot be used to remove piling; |
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e. |
A maximum of two moorage piles may be installed to accommodate the moorage of boats exceeding the length of the floats; and |
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f. |
Dolphins are not permitted. |
8. |
Mitigation |
Plantings or other mitigation as provided in subsection L. of this section. |
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L. New, expanded, replacement or repaired piers, docks, floats, boatlifts, boat canopies and moorage piles or buoys shall comply with the following:
1. Existing habitat features, such as large and small woody debris and substrate material, shall be retained and new or expanded moorage facilities placed to avoid disturbance of such features;
2. Invasive weeds, such as milfoil, may be removed as provided in K.C.C. chapter 21A.24;
3. In order to mitigate the impacts of new or expanded moorage facilities, the applicant shall plant site-appropriate emergent vegetation and a buffer of vegetation a minimum of ten feet wide along the entire length of the lot immediately landward of ordinary high water mark. Planting shall consist of native shrubs and trees and, when possible, emergent vegetation. At least five native trees will be included in a planting plan containing one or more evergreen trees and two or more trees that like wet roots, such as willow species. Such planting shall be monitored for a period of five years consistent with a monitoring plan approved in accordance with K.C.C. chapter 21A.24. This subsection is not intended to prevent reasonable access through the shoreline critical area buffer to the shoreline, or to prevent beach use of the shoreline critical area;
((B. No)) M. Except as otherwise provided for covered boat lifts under subsection H. of this section, covered docks or piers, covered moorages, covered floats, ((or)) and other covered structures ((is)) are not permitted waterward of the ordinary high water mark; and ((, except that submerged, free-standing mechanical boat lifts associated with single-family residential piers and recreational watercraft may be covered with a canopy, provided:
1. No canopy shall be more than 25 feet in length or wider than 15 feet;
2. No portion of the canopy shall exceed a height of 10 feet above the Ordinary High Water Line (OHWL);
3. The canopy shall at no time have any side partly or wholly enclosed;
4. The highest portion of the canopy shall be located below the topographical grade of existing homes on surrounding properties;
5. Canopies shall be made out of canvas or other such non-toxics;
6. Canopies shall be of a solid color and should be of a shade which is non-obtrusive;
7. The canopy shall be included in the square footage calculations for piers, as enumerated in K.C.C. 25.16.140E; and
8. Only one boat lift canopy per single-family residence shall be allowed.
C. No pier, moorage, float, or overwater structure or device shall be located closer than fifteen feet from the side property line extended, except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed to by the property owners in a contract recorded with the King County division of records and elections, a copy of which must accompany an application for a building permit or a shoreline permit; such joint use piers may be permitted up to twice the surface area allowed by this title.
D. All piers, moorages, floats or other such structures shall float at all times on the surface of the water or shall be of open pile construction, provided no portion of the structure shall, during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the surface of the water, except as provided in subsection B2.
E. No pier, including finger pier, moorage, float, or overwater structure or device shall be wider than fifty percent of the lot with which it is associated.
F.)) N. No dwelling unit may be constructed on a dock or pier. A water related or water enjoyment use may be allowed on a dock, pier or other over-water structure only as part of a mixed-use development and only if accessory to and in support of a water-dependent use.
SECTION 44. K.C.C. 25.16.190, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 45. Ordinance 3688, Section 414, as amended, and K.C.C. 25.16.190, are each hereby amended to read as follows:
Excavation, dredging, dredge material disposal and filling may be permitted ((in the urban environment, only as part of an approved overall development plan not as an independent activity, but only in accordance with the following)) only as follows:
A. ((Any f))Fill or excavation ((regardless of size,)) landward of the ordinary high water mark shall be subject to ((the provisions of)) K.C.C. ((16.82.100)) chapters 16.82 and 21A.24;
B. ((Landfill)) Fill may be permitted below the ordinary high water mark only:
1. ((w))When necessary ((for the operation of)) to support a water dependent ((or water related)) use((, or));
2. To provide for public access;
3. ((w))When necessary to mitigate conditions ((which)) that endanger public safety, including flood risk reduction projects;
4. To allow for cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan;
5. To allow for the disposal of dredged material considered suitable under, and conducted in accordance with, the dredged material management program of the Washington state Department of Natural Resources;
6. For expansion or alteration of transportation or utility facilities currently located on the shoreline and then only upon demonstration that alternatives to fill are not feasible; or
7. As part of mitigation actions, environmental restoration projects and habitat enhancement projects;
C. ((Landfill)) Fill or excavations shall be permitted only when technical information demonstrates water circulation, littoral drift, aquatic life and water quality will not be substantially impaired and that the fill or excavation will not obstruct the flow of the ordinary high water, floodwaters or cutoff or isolate hydrologic features from each other;
D. ((Wetlands such as marshes, swamps and bogs shall not be disturbed or altered through excavation, filling, dredging or disposal of dredged material unless the manager determines that either:
1. The wetland does not serve any of the valuable functions of wetlands identified in K.C.C. 20.12.080 and United States Army Corps of Engineers 33 CFR 320.4(b), including but not limited to wildlife habitat and natural drainage functions; or
2. The proposed development would preserve or enhance the wildlife habitat, natural drainage and other valuable functions of wetlands as discussed in K.C.C. 20.12.080 or United States Army Corps of Engineers 33 CFR 320.4(b) and would be consistent with the purposes of this Title;
E. Class I beaches shall not be covered by landfill except for approved beach feeding programs;
F. Excavations on beaches shall include precautions to prevent the migration of fine grain sediments, disturbed by the excavation, onto adjacent beach areas and excavations on beaches shall be backfilled promptly using material of similar composition and similar or more coarse grain size;
G. No refuse disposal sites, solid waste disposal sites or sanitary fills of putrescible or nonputrescible material shall be permitted within the shorelines of the state;
H. Excavation or dredging)) Dredging and dredged material disposal below the ordinary high water mark shall be permitted only:
1. When necessary for the operation of a water dependent ((or water related)) use;
2. When necessary to mitigate conditions ((which)) that endanger public safety or fisheries resources((, or));
3. As part of and necessary to roadside or agricultural ditch maintenance that is performed consistent with best management practices promulgated through administrative rules ((pursuant to)) under the ((sensitive)) critical areas provisions of K.C.C. chapter 21A.24 and if:
a. the maintenance does not involve any expansion of the ditch beyond its previously excavated size. This limitation shall not restrict the county's ability to require mitigation, ((pursuant to)) under K.C.C. chapter 21A.24, or other applicable laws;
b. the ditch was not constructed or created in violation of law;
c. the maintenance is accomplished with the least amount of disturbance to the stream or ditch as possible;
d. the maintenance occurs during the summer low flow period and is timed to avoid disturbance to the stream or ditch during periods critical to salmonids; and
e. the maintenance complies with standards designed to protect salmonids and salmonid habitat, consistent with K.C.C. chapter 21A.24((; provided, that)), though this ((paragraph)) subsection D.3.e. shall not be construed to permit the mining or quarrying of any substance below the ordinary high water mark;
4. For establishing, maintaining, expanding, relocating or reconfiguring navigation channels and basins when necessary to ensure safe and efficient accommodation of existing navigation uses when:
a. significant ecological impacts are minimized;
b. mitigation is provided;
c. maintained to the existing authorized location, depth and width;
5. For restoration projects when;
a. the site where the fill is placed is located waterward of the ordinary high water mark; and
b. the project is associated with a habitat project under the Model Toxics Control Act or the Comprehensive Environmental Response, Compensation, and Liability Act; or
c. any habitat enhancement or restoration project; and
6. For flood risk reduction projects conducted in accordance with Policy RCM-3 of the King County Flood Hazard Management Plan;
E. Dredging is not allowed waterward of the ordinary high water mark for the primary purpose of obtaining fill material or creating a new marina((.));
((I.)) F. Disposal of dredged material shall be done only in approved deep water disposal sites or approved ((contain)) upland disposal sites and is not allowed within wetlands or channel migration zones;
((J.)) G. Stockpiling of dredged material in or under water is prohibited; and
((K. Maintenance dredging not requiring a shoreline permit(s) shall conform to the requirements of this section;
L. Dredging shall be timed so that it does not interfere with aquatic life;
M. The county may impose reasonable conditions on dredging or disposal operations including but not limited to working seasons and provisions of buffer strips, including retention or replacement of existing vegetation, dikes and settling basins to protect the public safety and shore users' lawful interests from unnecessary adverse impact;
N.)) H. In order to insure that operations involving dredged material disposal and maintenance dredging are consistent with ((this program)) the King County shoreline master program as required by RCW 90.58.140(1), no dredging may commence ((on)) in any shoreline environment without the responsible person having first obtained either a substantial development permit or a statement of exemption((, though no)) when required under K.C.C. 25.32.010, as recodified by this ordinance. A statement of exemption or shoreline permit is not required ((for)) before emergency dredging needed to protect property from imminent damage by the elements((;)), if statement of exemption or substantial development permit is subsequently obtained following the procedures in K.C.C. 16.82.065.
((O. Operation and maintenance of any existing system of ditches, canals or drains, or construction of irrigation reservoirs, for agricultural purposes are exempt from the shoreline permit requirement.))
NEW SECTION. SECTION 46. There is hereby added a new section in the new chapter established in section 16 of this ordinance to read as follows:
The expansion of a dwelling unit or residential accessory structure located in the shoreline jurisdiction, if allowed under K.C.C. 21A.24.045, is subject to the following:
A. In the Conservancy, Resource, Forestry or Natural shoreline environments, a shoreline conditional use permit is required;
B. If the proposed expansion will result in a total cumulative expansion of the dwelling unit and accessory structures of more than one thousand square feet, a shoreline variance is required; and
C. If the site has an approved rural stewardship plan under K.C.C. 21A.24.055, the expansion is not allowed.
NEW SECTION. SECTION 47. A. The shoreline dimensions table in subsections B. and C. of this section establishes the shoreline standards within each of the shoreline environments. The shoreline environment is located on the vertical column and the density and dimensions standard is located on the horizontal row of the table. The table should be interpreted as follows:
1. If the cell is blank in the box at the intersection of the column and the row, the standards are the same as for the underlying zoning.
2. If the cell has a number in the box at the intersection of the column and the row, that number is the density or dimension standard for that shoreline environment.
3. If the cell has a parenthetical number in the box at the intersection of the column and the row, that parenthetical number identifies specific conditions immediately following the table that are related to the density and dimension standard for that environment.
B. The dimensions enumerated in this section apply within the shoreline jurisdiction. If there is a conflict between the dimension standards in this section and K.C.C. chapter 21A.12, the more restrictive shall apply.
Shoreline dimensions.
|
H I G H I N T E N S I T Y |
R E S I D E N T I A L |
R U R A L |
C O N S E R V A N C Y |
R E S O U R C E |
F O R E S T R Y |
N A T U R A L |
A Q U A T I C |
Standards |
|
|
|
|
|
|
|
|
Base height |
35 feet (1) |
35 feet (1) |
35 feet (1) |
35 feet (1) |
35 feet (1) |
35 feet (1) |
30 feet (1) |
35 feet (1) |
Minimum lot area |
|
|
5 acres (2) |
5 acres (2) |
10 acres |
80 acres |
80 acres |
|
Minimum lot width |
|
50 feet |
100 feet |
150 feet |
150 feet |
150 feet |
330 feet |
|
Impervious surface |
|
|
|
10 % (3) |
|
|
|
|
C. Development conditions.
1. This height can be exceeded consistent with the base height for the zone only if the structure will not obstruct the view of a substantial number of residences on areas adjoining the shoreline or if overriding considerations of the public interest will be served, and only for:
a. agricultural buildings;
b. water dependent uses and water related uses; and
c. regional light rail transit support structures, but no more than is reasonably necessary to address the engineering, operational, environmental issues at the location of the structure;
2. The minimum lot areas may be reduced as follows:
a. to no less than 10,000 square feet or the minimum lot areas for the zone, whichever is greater, through lot averaging; and
b. when public access is provided, to no less than 8,000 square feet, or the minimum lot area for the zone, whichever is greater, through cluster development, as provided in K.C.C. chapter 21A.14.
3. For lots created before the effective date of this section, if achieving the ten percent maximum impervious surface limit is not feasible, the amount of impervious surface shall be limited to the maximum extent practical but not to exceed the amount of impervious surface allowed under K.C.C. 21A.12.030 and 21A.12.040,
SECTION 48. K.C.C. 25.16.150, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 49. Ordinance 3688, Section 410, as amended, and K.C.C. 25.16.150 are each hereby amended to read as follows:
A. Any existing lot that does not comply with the density and dimensions standards of K.C.C. chapter 21A.12 or section 47 of this ordinance and that is located wholly or partially within the ((shorelines of the state)) shoreline jurisdiction shall be subject to the following provisions:
1. If the adjoining property is not under the same ownership as such lot, then the lot shall be considered a separate building site((.)); and
2. If the adjoining property is under the same ownership as such lot, then the lot shall not be considered a separate building site until the lot is combined with adjoining property under the same ownership in such a way as to comply with the density and dimensions standards of K.C.C. chapter 21A.12.
B. Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area, lot dimensions, yards, ((open)) recreation space or other similar required conditions of land subdivision or development, except, where specifically authorized by ordinance, such lands may be used in area computations as an incentive to encourage common open space waterfront areas.
C. All newly created lots wholly or partially within the shoreline shall be of uniform size and dimension, whenever possible.
D. Subdivision of more than four lots shall provide an improved and maintained pedestrian easement to the shoreline that is of sufficient width to ensure usable access for all residents. Public access to the shoreline shall be in conformance with the standards in section 36 of this ordinance.
E. Subdivisions should be designed to locate structures outside the shoreline jurisdiction whenever feasible. When lots are located within the shoreline jurisdiction, the size and shape of the lots should allow for the construction of residential units that do not require shoreline stabilization.
NEW SECTION. SECTION 50. Historic resources include historic buildings, sites, objects, districts and landscapes, prehistoric and historic archaeological resources and traditional cultural places. Development within shoreline environments shall protect historic resources as follows:
A.1. Known historic resources are inventoried by the historic preservation program and are subject to the procedures in K.C.C. 20.62.150. As required by K.C.C. 20.62.150, the department shall inform the historic preservation officer regarding the impacts of development proposals on inventoried resources. Disturbance of known archaeological sites is also subject to state regulations, including chapters 27.44, 27.53 and 68.80 RCW.
2. If a known archaeological site or traditional cultural place is affected by a development proposal, the historic preservation officer shall inform and consult with the Washington state Department of Archaeology and Historic Preservation and any concerned Native American tribes. To the extent feasible, the historic preservation officer shall coordinate county and state required permitting and compliance procedures and requirements to avoid substantial duplication of effort by permit applicants. The department shall require a site inspection or evaluation by a professional archaeologist in coordination with any concerned Native American tribes.
3. In considering shoreline permits or shoreline exemptions with regard to known historic resources, the department may attach conditions to provide sufficient time for the Historic Preservation Officer to consult with the Washington State Department of Archaeology and Historic Preservation and any concerned Native American tribes, and to ensure that historic resources are properly protected, or for appropriate agencies to contact property owners regarding purchase or other long-term stewardship and protection arrangements. Provision for the protection and preservation of historic resources shall be incorporated in permits and exemptions to the maximum extent practical;
B.1. Consistent with the definitions and requirements in chapters 27.44, 27.53 and 68.80 RCW, and with the intent of K.C.C. chapter 20.62, whenever potentially significant historic resources, or archaeological artifacts, are discovered in the process of development on shorelines, work on that portion of the development site shall be stopped immediately and the find reported as soon as possible to the department.
2. For inadvertent discoveries, the department shall notify the historic preservation officer. If an archaeological site or artifacts have been discovered, the department shall also notify the Washington state Department of Archaeology and Historic Preservation, any concerned Native American tribes and other appropriate agencies. The department shall require that a historic resource assessment be conducted immediately by a professional archaeologist, ethnographer or historic preservation professional, as applicable, in consultation with the historic preservation officer, to determine the significance of the discovery and the extent of damage that may have occurred to the resource. The historic resource assessment shall be distributed to the historic preservation officer, and, if an archaeological site, archaeological artifacts or a traditional cultural place have been discovered, the Washington state Department of Archaeology and Historic Preservation, and any concerned Native American tribes for a fifteen-day review period or, in the case of inadvertent discovery of human remains, a thirty-day review period to determine the significance of the discovery. If the historic resource has been determined not to be significant by the agencies or governments listed in this subsection B.2., or if those agencies or governments have failed to respond within the applicable review period following receipt of the historic resource assessment, the stopped work may resume; and
3. Upon receipt of a positive determination of a resource's significance, or if available information suggests that a negative determination is erroneous, the department or the historic preservation officer may require that a historic resource management plan be prepared by a qualified professional archaeologist or other appropriate professional if such action is reasonable and necessary to implement related program objectives and is consistent with the intent of King County policies and codes protecting historic resources;
C.1. If a private or publicly owned historic resource is identified, public access shall be encouraged as appropriate for purposes of public education, but only if:
a. the type or level of public access is consistent with the long term protection of both historic resource values and shoreline ecological functions; and
b. an access management plan is developed in accordance with development site- and resource-specific conditions in consultation with the historic preservation officer and, if an archaeological site, archaeological artifacts or a traditional cultural place have been discovered, the Washington state Department of Archaeology and Historic Preservation, any concerned Native American tribes or other agencies, as appropriate, to address physical protection of the resource, hours of operation, interpretive or directional signage, lighting, pedestrian access or traffic and parking, as appropriate.
2. For archaeological sites and traditional cultural places, the historic preservation program, the Washington state Department of Archaeology and Historic Preservation, any concerned Native tribes or other agencies, as appropriate, shall approve public access measures before provision of public access to a site.
NEW SECTION. SECTION 51. Parking facilities, except parking facilities associated with single detached dwelling units, shall meet the following standards:
A. Parking areas serving a water-related, water-enjoyment or a non-water-oriented use must be located beneath or upland of the development that the parking area serves, except for utility facilities;
B. The design of parking facilities must use low-impact designs, such as porous concrete and vegetated swales;
C. Lighting shall be the minimum necessary and shall be shielded and directed away from the water and critical areas and critical area buffers; and
D. In the Natural environment, parking areas shall be located at least two hundred feet from the ordinary high water mark.
SECTION 52. K.C.C. 25.16.160, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 53. Ordinance 3688, Section 411, and K.C.C. 25.16.160, are each hereby amended to read as follows:
New ((U))utility facilities and repair and replacement of existing utility facilities may be permitted ((in the urban environment)) subject to the general requirements ((section (Section 25.16.030))) of this chapter, ((provided)) as follows:
A. To the maximum extent practical, new ((U))utility and transmission facilities shall:
1. Avoid disturbance of unique and fragile areas;
2. Avoid disturbance of wildlife spawning, nesting and rearing areas;
3. Overhead utility facilities shall not be permitted in public parks, monuments, scenic recreation or historic areas((.));
4. Avoid changing groundwater patterns and hyporheic flows that support streams and wetlands;
5. Not be located within the Natural shoreline unless the utility is low-intensity; and
6. Avoid locating new utility and transmission facilities in tidelands or in or adjacent to the Maury Island aquatic reserve;
B. New ((U))utility distribution and transmission facilities shall be designed ((so as)) to:
1. Be located outside the shoreline jurisdiction where feasible;
2. Be located within existing rights of way and utility corridors where feasible;
3. Minimize visual impact;
((2.)) 4. Harmonize with or enhance the surroundings;
((3.)) 5. Not create a need for shoreline protection; and
((4. Utilize)) 6. ((t))To the ((greatest extent possible)) maximum extent practical, use natural screening((.));
C. To the maximum extent practical, the construction, repair, replacement and maintenance of utility facilities shall ((be done in such a way so as to)):
1. Maximize the preservation of natural beauty and the conservation of resources;
2. Minimize scarring of the landscape;
3. Minimize siltation and erosion;
4. Protect trees, shrubs, grasses, natural features and topsoil from drainage; and
5. Avoid disruption of critical aquatic and wildlife stages((.));
D. Rehabilitation of areas disturbed by the construction, ((and/)) repair, replacement or maintenance of utility facilities shall:
1. Be accomplished as rapidly as possible to minimize soil erosion and to maintain plant and wildlife habitats; and
2. ((Utilize)) Use plantings compatible with the native vegetation((.));
E. Solid waste transfer stations shall ((not)) only be permitted within ((the shorelines of the state)) the High Intensity shoreline environment; and
F. Utility production and processing facilities, such as power plants and sewage treatment plants, are not allowed within the shoreline jurisdiction.
SECTION 54. K.C.C. 25.16.080, as amended by this ordinance, is hereby recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 55. Ordinance 3688, Section 408, and K.C.C. 25.16.080, are each hereby amended to read as follows:
Signs may be permitted ((in the urban environment)) subject to ((the provisions of the underlying zoning, provided)) K.C.C. chapter 21A.20, but only as follows:
A. ((No sign which is not constructed parallel to and flush against the side of a building shall be permitted which is more than seventy-two inches in height as measured from the average grade level.
B. Signs painted upon or constructed parallel to and flush against the side of a building shall not extend beyond the wall or above the roof line against which they are constructed.
C. Signs shall be stationary, nonblinking and nonrevolving.
D. Signs shall have no auxiliary projections or attachments.
E. Signs shall not be erected nor maintained upon trees, or drawn or painted upon rocks or other natural features.
F. Artificial lighting of signs shall be directed away from adjacent properties and the water.
G.)) Signs waterward of the ordinary high water mark shall be permitted only to the extent necessary for the operation of a permitted overwater development ((provided n)). No such a sign shall be larger than five square feet((.));
B. In the Rural environment, signs may not exceed fifty square feet;
C. In the Resource, Natural and Conservancy environments, signs are not allowed except for:
1. Signs of not more than twenty-five square feet within public parks or trails; and
2. Signs permitted under K.C.C. chapter 21A.20 for residential uses;
D. Signs to protect public safety or prevent trespass may be allowed and should be limited in size and number to the maximum extent practical.
NEW SECTION. SECTION 56. A. Transportation facilities, including, but not limited to, streets, alleys, highways, railroads and regional light rail transit may be located in all shoreline environments.
B. Within street or alley rights-of-way, uses shall be limited to street purposes as defined by law.
C. Within railroad and regional light rail transit rights-of-way, allowed uses shall be limited to: tracks, signals or other operating devices; movement of rolling stock; utility lines and equipment; and facilities accessory to and used directly for the delivery and distribution of services to abutting property.
D. New transportation facilities shall, to the maximum extent practical:
1. Be located outside of the shoreline jurisdiction;
2. Avoid disturbance of unique and fragile areas;
3. Avoid disturbance of wildlife spawning, nesting and rearing areas;
4. Avoid changing groundwater patterns and hyporheic flows that support streams and wetlands;
5. Not create a need for shoreline protection; and
6. Use natural screening.
SECTION 57. K.C.C. 25.32.010, as amended by this ordinance, is recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 58. Ordinance 3688, Section 801, and K.C.C. 25.32.010 are each hereby amended to read as follows:
A. ((No d))Development within the shoreline jurisdiction, including preferred uses and uses that are exempt from permit requirements, shall be undertaken ((by any person on the shorelines of the state unless such)) only if that development is consistent with the ((policy)) policies of ((Section 2 of the Shoreline Management Act of 1971, and, after adoption and approval, the guidelines and regulations of the Washington State Department of Ecology and)) RCW 90.58.020, chapter 173-26 WAC the King County shoreline master program and will not result in a net loss of shoreline ecological functions or in a significant adverse impact to shoreline uses, resources and values, such as navigation, recreation and public access. The proponent of a shoreline development shall employ measures to mitigate adverse impacts on shoreline functions and processes following the sequencing requirements of section 129 of this ordinance.
B. ((No)) A substantial development permit shall be ((undertaken by any person on the shorelines of the state without first obtaining a substantial development permit from the director; provided, that such a permit shall not be required for the development excepted)) required for all proposed uses and modifications within the shoreline jurisdiction unless the proposal is specifically exempt from the definition of substantial development in RCW 90.58.030 ((and for developments)) and WAC 173-27-040 or is exempted by RCW 90.58.140(((9) and (10))). ((C. Any person claiming exception from the permit requirements of this chapter as a result of the exemptions described in subsection B. of this section may make an application to the director for such an exemption in the manner prescribed by the director. Development within the shorelines of the state which does not require a permit shall conform to the master program. Conditions requiring such conformance may be imposed prior to granting exemption from the permit requirement.)) If a proposal is exempt from the definition of substantial development, a written statement of exemption is required for any proposed uses and modifications if:
1. WAC 173-27-050 applies; or
2. Except for the maintenance of agricultural drainage that is not used by salmonids or as otherwise provided in subsection F. of this section, the proposed use or modification will occur at or below the ordinary high water mark.
C. Whether or not a written statement of exemption is required, all permits issued for development activities within the shoreline jurisdiction shall include a record of review indicating compliance with the shoreline master program and regulations.
D. As necessary to ensure consistency of the project with the shoreline master program and this chapter, the department may attach conditions of approval to a substantial development permit or a statement of exemption or to the approval of a development proposal that does not require either.
E. The department may issue a programmatic statement of exemption as follows:
1. For an activity for which a statement of exemption is required, the activity shall:
a. be repetitive and part of a maintenance program or other similar program;
b. have the same or similar identifiable impacts, as determined by the department, each time the activity is repeated at all sites covered by the programmatic statement of exemption; and
c. be suitable to having standard conditions that will apply to any and all sites;
2. The department shall uniformly apply conditions to each activity authorized under the programmatic statement of exemption at all locations covered by the statement of exemption. The department may require that the applicant develop and propose the uniformly applicable conditions as part of the statement of exemption application and may approve, modify or reject any of the applicant's proposed conditions. The department shall not issue a programmatic statement of exemption until applicable conditions are developed and approved;
3. Activities authorized under a programmatic statement of exemption shall be subject to inspection by the department. The applicant may be required to notify the department each time work subject to the programmatic statement of exemption is undertaken for the department to schedule inspections. In addition, the department may require the applicant to submit periodic status reports. The frequency, method and contents of the notifications and reports shall be specified as conditions in the programmatic statement of exemption;
4. The department may require revisions, impose new conditions or otherwise modify the programmatic statement of exemption or withdraw the programmatic statement of exemption and require that the applicant apply for a standard statement of exemption, if the department determines that:
a. The programmatic statement of exemption or activities authorized under the statement of exemption no longer comply with law;
b. The programmatic statement of exemption does not provide adequate regulation of the activity;
c. The programmatic statement of exemption conditions or the manner in which the conditions are implemented are not adequate to protect against the impacts resulting from the activity; or
d. A site requires site-specific regulation; and
5. If an activity covered by a programmatic statement of exemption also requires other county, state and federal approvals, to the extent feasible, the department shall attempt to incorporate conditions that comply with those other approvals into the programmatic statement of exemption.
F. A statement of exemption is not required for maintenance of agricultural drainage used by salmonids if:
1. The agricultural drainage is located within an agricultural production district;
2. The maintenance project is conducted in compliance with a hydraulic project approval issued by the Washington department of fish and wildlife pursuant to RCW 77.55;
3. The maintenance project complies with the King County agricultural drainage assistance program as agreed to by the Washington department of fish and wildlife, the Washington department of ecology, the department of development and environmental services and the department of natural resources and parks;
4. The person performing the agricultural drainage maintenance and the land owner has attended training provided by King County on the King County agricultural drainage assistance program and the best management practices required under that program; and
5. The maintenance project complies with the requirements of K.C.C. Chapter 16.82.
SECTION 59. K.C.C. 25.32.020, as amended by this ordinance, is recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 60. Ordinance 3688, Section 802, and K.C.C. 25.32.020 are each hereby amended to read as follows:
In the case of development subject to the permit requirements of this ((title)) chapter, King County shall not issue any other permit for such development until such time as approval has been granted ((pursuant to)) under this ((title)) chapter. Any development subsequently authorized by King County shall be subject to the same terms and conditions ((which)) that apply to the development authorized ((pursuant to)) under this ((title)) chapter.
SECTION 61. K.C.C. 25.32.060, as amended by this ordinance, is recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 62. Ordinance 3688, Section 806, as amended, and K.C.C. 25.32.060 are each hereby amended to read as follows:
((A. Applications for substantial development or building permits to modify a nonconforming use or development may be approved only if:
1. The modifications will make the use or development less nonconforming; or
2. The modifications will not make the use or development more nonconforming.
B. A use or development, not conforming to existing regulations, which is destroyed, deteriorated, or damaged more than fifty percent of its fair market value at present or at the time of its destruction by fire, explosion, or other casualty or act of God, may be reconstructed only insofar as it is consistent with existing regulations.
C.)) The review of applications for the ((modification)) expansion or replacement of a nonconforming use or development shall be ((subject to the guidelines enumerated)) in accordance with K.C.C. chapter 21A.32 (((General Provisions-Nonconformance, Temporary Uses, and Re-Use of Facilities))).
SECTION 63. K.C.C. 25.32.100, as amended by this ordinance, is recodified as a new section in the new chapter established in section 16 of this ordinance.
SECTION 64. Ordinance 3688, Section 810, as amended, and K.C.C. 25.32.100 are each hereby amended to read as follows:
A. Appeals from the final decision of the county with regard to shoreline management shall be governed solely by ((the provisions of)) RCW 90.58.180.
B. The effective date of King County's decision shall be the date of filing with the Department of Ecology as defined in RCW 90.58.140.
C. When a hearing and decision has occurred ((pursuant to Section)) under K.C.C. 25.32.080, as recodified by this ordinance, and the examiner's recommendation with regard to disposition of a proposed development ((pursuant to)) under K.C.C. Titles 20 and 21A ((of this code)) requires King County council action, the final decision of the county ((pursuant to this title)) shall be effective on the date of filing as defined in RCW 90.58.140 for the purposes of appeal as provided in RCW ((90.50.140)) 90.58.140. However, ((no)) development may not occur until the King County council has taken final action on the examiner's recommendation required by K.C.C. Titles 20 and((/or)) 21A ((of this code)).
SECTION 65. K.C.C. 25.08.090, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06.
SECTION 66. Ordinance 3688, Section 208, and K.C.C. 25.08.090 are each hereby amended to read as follows:
(("))Breakwater((" means)): an off-shore structure either floating or not ((which)) that may or may not be connected to the shore, such structure being designated to absorb ((and/))or reflect back into the water body the energy of the waves.
SECTION 67. K.C.C. 25.08.100, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.06.
SECTION 68. Ordinance 3688, Section 209, and K.C.C. 25.08.100 are each hereby amended to read as follows:
(("))Bulkhead((" means)): a solid or open pile wall of rock, concrete, steel or timber or other materials or a combination of these materials erected generally parallel to and near the ordinary high water mark for the purpose of protecting ((adjacent wetlands and)) uplands from waves or currents.
SECTION 69. K.C.C. 25.08.175, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 70. Ordinance 5734, Section 1, and K.C.C. 25.08.175 are each hereby amended to read as follows:
(("))Dredging((" is)): the removal, displacement, ((and/))or disposal of unconsolidated earth material such as sand, silt, gravel((,)) or other ((submerged)) materials, from ((the bottom of)) water bodies, ditches((,)) or natural wetlands((;)), whether during submerged conditions or dry conditions. Dredging includes maintenance dredging and((/or)) support activities ((are included in this definition)).
SECTION 71. K.C.C. 25.08.190, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 72. Ordinance 3688, Section 218, and K.C.C. 25.08.190 are each hereby amended to read as follows:
(("))Environment((" or "master program environment" or "shoreline environment" means)), shoreline: the categories of shorelines ((of the state)) and shorelands established by the King County shoreline ((management)) master program to differentiate between areas whose features imply differing objectives regarding their use and future development.
SECTION 73. K.C.C. 25.08.210, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 74. Ordinance 3688, Section 220, and K.C.C. 25.08.210 are each hereby amended to read as follows:
(("))Float((" means)): a structure or device ((which)) that is not a breakwater and ((which)) that is moored, anchored((,)) or otherwise secured in the waters of King County and ((which)) is not connected to the shoreline.
SECTION 75. K.C.C. 25.08.230, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 76. Ordinance 3688, Section 222, and K.C.C. 25.08.230 are each hereby amended to read as follows:
(("))Groin((" means)): a barrier type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore.
SECTION 77. K.C.C. 25.08.250, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 78. Ordinance 3688, Section 224, and K.C.C. 25.08.250 are each hereby amended to read as follows:
(("))Jetty((" means a)): an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment.
SECTION 79. K.C.C. 25.08.290, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 80. Ordinance 3688, Section 228, and K.C.C. 25.08.290 are each hereby amended to read as follows:
(("))Master program((" means)), shoreline: the comprehensive shoreline use plan for King County consisting of:
A. The ((use regulations and procedures contained in this title; and)) King County shoreline management goals and policies, set forth in King County Comprehensive Plan Chapter 5, that guide environmental designations, shoreline protection, shoreline use and shoreline modifications; and
B. The ((goals, objectives and policies of the King County shoreline management master program which are contained in a separate document and adopted by ordinance.)) development regulations identified in section 4 of this ordinance.
NEW SECTION. SECTION 81. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Navigability or navigable: the capability of susceptibility of a body of water of having been or being used for the transport of useful commerce. The state of Washington considers all bodies of water meandered by government surveyors as navigable unless otherwise declared by a court.
NEW SECTION. SECTION 82. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Nearshore: the area beginning at the crest of coastal bluffs and extending seaward through the marine photics zone, and to the head of tide in coastal rivers and streams. Nearshore includes estuaries.
SECTION 83. K.C.C. 25.08.370, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 84. Ordinance 3688, Section 234, and K.C.C. 25.08.370 are each hereby amended to read as follows:
((")Pier((")) or (("))dock((" means)): a structure built in or over, or floating upon, the water extending from the shore, ((which)) that may be used as a landing place ((for marine transport or)) for air or water craft or recreational activities.
SECTION 85. K.C.C. 25.08.020, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 86. Ordinance 3688, Section 201, and K.C.C. 25.08.020 are each hereby amended to read as follows:
((A.)) Public ((A))access:((. "Public access" means actual unobstructed access available to)) the ability of the general public ((from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark)) to reach, touch and enjoy the water's edge, to travel on the waters of the state and to view the water and the shoreline from adjacent locations.
((B. Limited Public Access. "Limited public access" means:
1. Actual physical access from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark, such access being limited to specific groups of people or to certain regularly prescribed times; or
2. Visual access available to the general public to the shoreline and adjacent waterbody, such access being specifically provided for in the development of the site.))
SECTION 87. K.C.C. 25.08.400, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 88. Ordinance 3688, Section 237, and K.C.C. 25.08.400 are each hereby amended to read as follows:
(("))Redesignation((" means)): a change in the shoreline environment designation by the procedures provided in ((Chapter 25.32 of this title)) K.C.C. chapter 20.18.
NEW SECTION. SECTION 89. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Shorelands: areas landward of the ordinary high water mark along shorelines extending landward two hundred feet, and also including:
A. The one hundred year floodplain;
B. All associated wetlands; and
C. All river deltas.
SECTION 90. K.C.C. 25.08.460, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 91. Ordinance 3688, Section 247, and K.C.C. 25.08.460 are each hereby amended to read as follows:
(("))Shoreline ((management)) conditional use((" or "shoreline conditional use" means)): a shoreline use ((specifically designated as a shoreline conditional use in the shoreline management master program)) that is allowed only if it meets the criteria established in K.C.C. 25.32.050, as recodified by this ordinance, and is subject to conditions of approval.
NEW SECTION. SECTION 92. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Shoreline jurisdiction: shorelines and shorelands in unincorporated King County.
SECTION 93. K.C.C. 25.08.480, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 94. Ordinance 3688, Section 251, and K.C.C. 25.08.480 are each hereby amended to read as follows:
(("))Shoreline ((protection " means)) stabilization: a structure or device, including, but not limited to, breakwaters, bulkheads, jetties, groins and riprap, ((which)) that is placed so as to prevent erosion or to alter the normal currents, wave actions or other natural forces or actions of a waterbody. Shoreline stabilization does not include flood protection facilities.
SECTION 95. K.C.C. 25.08.470, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 96. Ordinance 3688, Section 248, and K.C.C. 25.08.470 are each hereby amended to read as follows:
(("))Shoreline ((management)) variance((" means)): an adjustment in the application of the regulations of the shoreline management master program consistent with WAC 173-27-170 and K.C.C. 25.32.040, as recodified by this ordinance.
SECTION 97. K.C.C. 25.08.490, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 98 Ordinance 3688, Section 246, and K.C.C. 25.08.490 are each hereby amended to read as follows:
(("))Shorelines((" means)): all ((of the water areas within the unincorporated portion of King County, including reservoirs, and their associated wetlands together with the lands underlying them; except:
A. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments;
B. Shorelines on lakes less than twenty acres in size and wetlands associated with such lakes)) marine waters, lakes greater than 20 acres and rivers and streams with a minimum of twenty cubic feet per second mean annual flow.
SECTION 99. K.C.C. 25.08.510, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 100. Ordinance 3688, Section 249, and K.C.C. 25.08.510 are each hereby amended to read as follows:
(("))Shorelines of statewide significance((" means)): those shorelines described in RCW 90.58.030(2)(e) ((which)) that are within the unincorporated portion of King County.
SECTION 101. K.C.C. 25.08.570, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 102. Ordinance 3688, Section 255, and K.C.C. 25.08.570 are each hereby amended to read as follows:
(("))Substantial development((" means)): any development ((which)) that requires a shoreline management substantial development permit, as defined in RCW 90.58.030(3)(e) ((as now or hereafter amended)).
SECTION 103. K.C.C. 25.08.590, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 104. Ordinance 3688, Section 257, and K.C.C. 25.08.590 are each hereby amended to read as follows:
(("))Water dependent use((" or "water dependent development" means)): a ((principal)) use ((which can only)) or portion of a use that cannot exist ((where the landwater interface provides biological or physical conditions necessary for the use)) in a location that is not adjacent to the water and that is dependent on the water by reason of the intrinsic nature of its operations.
NEW SECTION. SECTION 105. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Water enjoyment use: a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. A water enjoyment use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
NEW SECTION. SECTION 106. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:
Water oriented use: a use that is water dependent, water related or water enjoyment, or a combination of such uses.
SECTION 107. K.C.C. 25.08.600, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06.
SECTION 108. Ordinance 3688, Section 258, and K.C.C. 25.08.600 are each hereby amended to read as follows:
(("))Water related use((" or "water related development" means)): a ((principal)) use ((which)) or portion of a use that is not intrinsically dependent on a waterfront location ((abutting the ordinary high water mark but which)) but whose economic viability is dependent upon a waterfront location because:
A. ((Promotes the public's enjoyment of or access to the)) The use has a functional requirement for a waterfront location, such as the arrival or shipment of materials by water or the need for large quantities of water; or
B. ((Gains a cost savings or revenue-differentiating advantage, which is not associated with land rents or costs, from being located within the shorelines of the state that could not be obtained at an upland location; such uses include but are not limited to residential development, boat sales or restaurants)) The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive or more convenient, or both.
NEW SECTION. SECTION 109. There is hereby added a new section to K.C.C. chapter 21A.08 to read as follows:
The permitted land uses allowed in this chapter are allowed within the shoreline jurisdiction except as amended by section 31 of this ordinance.
NEW SECTION. SECTION 110. There is hereby added a new section to K.C.C. chapter 21A.12 to read as follows:
The density and dimensions established in this chapter apply within the shoreline jurisdiction except as inconsistent with section 47 of this ordinance.
SECTION 111. Ordinance 13130, Section 3, as amended, and K.C.C. 21A.32.045 are each hereby amended to read as follows:
A nonconforming use that has been discontinued, or a nonconforming structure or site improvement that has been damaged or destroyed, may be reestablished or reconstructed if:
A. The nonconforming use, structure((,)) or site improvement ((which)) that previously existed is not expanded;
B. A new nonconformance is not created; ((and))
C.1. The use has not been discontinued for more than twelve months ((prior to)) before its ((re-establishment)) reestablishment, or the nonconforming structure or site improvement is reconstructed ((pursuant to)) in accordance with a complete permit application submitted to the department within twelve months of the occurrence of damage or destruction; or((;))
2. If the use has been discontinued for more than twelve months, the applicant provides documentation that demonstrates to the satisfaction of the department that there was no intent to abandon the use. Documentation may include, but is not limited to, requests for approvals necessary to reestablish the use or structure submitted to appropriate county, state and federal agencies within twelve months after the use was discontinued. A statement from the property owner that merely states that there is no intent to abandon is not sufficient documentation without a showing of additional actions taken by the property owner to reestablish the use or structure; and
D. A nonconforming use, structure or site improvement located within the shoreline jurisdiction that is damaged or destroyed more than fifty percent of its fair market value at present or at the time of its destruction may be reconstructed only insofar as it is consistent with existing regulations.
SECTION 112. K.C.C. 25.32.040, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.44.
SECTION 113. Ordinance 3688, Section 804, as amended, and K.C.C. 25.32.040 are each hereby amended to read as follows:
A. ((The director is authorized to grant a variance from the performance standards of this master program only under the conditions enumerated WAC 173-14-150 (Review Criteria for Variances).)) A shoreline variance shall be granted by the county from the bulk, dimensional or performance standards set forth in section 47 of this ordinance only if the applicant demonstrates that:
1. The review criteria of WAC 173-27-170 have been met;
2. The shoreline variance does not permit a use that is specifically prohibited in the environmental designation; and
3. Views from nearby roads and public areas are protected.
B. A variance from county zoning code requirements shall not be construed to mean a variance from shoreline master program use regulations and vice versa.
C. ((Shoreline variances may not be used to permit a use that is specifically prohibited in an environment designation.
D.)) The burden of proving that a proposed variance meets these conditions shall be on the applicant; absence of such proof shall be grounds for denial of the application.
((E. The fee which shall accompany an application for a shoreline variance shall be as adopted by ordinance.))
SECTION 114. K.C.C. 25.32.050, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 21A.44.
SECTION 115. Ordinance 3688, Section 805, and K.C.C. 25.32.050 are each hereby amended to read as follows:
A. ((The director is authorized to issue)) A shoreline conditional use ((permits)) shall be granted by the department for conditional uses identified in K.C.C. 25.20.060, as recodified by this ordinance, and K.C.C. 25.16.180, as recodified by this ordinance, as shoreline conditional uses only ((under the following circumstances)) if the applicant demonstrates that:
1. ((The development must be compatible with uses which are permitted within the master program environment in which the development is proposed.)) The review criteria of WAC 173-27-160 have been met; and
2. ((The use will cause no unreasonable adverse effects on the shoreline or surrounding properties and uses.
3.)) The use will promote or not interfere with public use of surface waters.
((4. The development of the site will not be contrary to the policies of the master program.))
B. A shoreline conditional use may be granted by the department for uses not identified as conditional uses in section 32 of this ordinance and K.C.C. 25.16.180, as recodified by this ordinance, only if the applicant demonstrates that:
1. The criteria in subsection A. of this section have been met;
2. The use is not specifically prohibited in the shoreline environment;
3. The use clearly requires specific site location on the shoreline not provided for under the shoreline master program; and
4. Extraordinary circumstances preclude reasonable use of the property in a manner consistent with the use regulations of the new chapter created in section 16 of this ordinance.
C. The burden of proving that a proposed shoreline conditional use meets the criteria enumerated in ((subsection A. of)) this section shall be on the applicant. Absence of such proof shall be grounds for denial of the application((; provided, however, that the director is authorized to determine and impose, on a case-by-case basis, those conditions and standards which may be required to enable any proposed shoreline conditional use to satisfy the criteria established in subsection A. of this section)).
SECTION 116. Ordinance 10870, Section 631, and K.C.C. 21A.50.030 are each hereby amended to read as follows:
No building permit or land use approval in conflict with ((the provisions of)) this title shall be issued. Structures or uses ((which)) that do not conform to this title, except legal nonconformances specified in K.C.C. chapter 21A.32 and approved variances, are violations subject to the enforcement, penalty and abatement provisions of K.C.C. Title 23, including, but not limited to:
A. Establishing a use not permitted in the zone in which it is located;
B. Constructing, expanding or placing a structure in violation of setback, height and other dimensional standards in this title;
C. Establishing a permitted use without complying with applicable development standards set forth in other titles, ordinances, rules or other laws, including but not limited to, road construction, surface water management, the Fire Code((,)) and rules of the department of public health;
D. Failing to carry out or observe conditions of land use or permit approval, including contract development standards;
E. Failing to secure required land use or permit approval ((prior to)) before establishing a permitted use; ((and))
F. Failing to maintain site improvements, such as landscaping, parking or drainage control facilities as required by this code or other King County ordinances;
G. Undertaking any development within the shoreline jurisdiction without first obtaining a required substantial development permit or required statement of exemption; and;
H. Undertaking any development within the shoreline jurisdiction that is exempt from the requirement to obtain a substantial development permit that is not in compliance with the policy of RCW 90.58.020 and the requirements of chapter 173-26 WAC and the King County shoreline master program.
NEW SECTION. SECTION 117. There is hereby added a new section to K.C.C. chapter 21A.06 to read as follows:
Regional light rail transit: A public rail transit line that operates at grade level, above grade level((,)) or in a tunnel and that provides high capacity, regional transit service owned or operated by a regional transit authority authorized under chapter 81.112 RCW. A regional light rail transit system may be designed to share a street right-of-way although it may also use a separate right-of-way.
SECTION 118. Ordinance 15051, Section 86, as amended, and K.C.C. 21A06.942 are each hereby amended to read as follows:
Public road right-of-way structure: the existing, maintained, improved road right-of-way, regional light rail transit or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts.
SECTION 119. Ordinance 10870, Section 323, as amended, and K.C.C. 21A.06.1391 are each hereby amended to read as follows:
Wetland: an area that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. For purposes of this definition:
A. ((Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in)) Wetlands shall be delineated using the wetland delineation manual required by RCW 36.70A.175; and
B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to:
1. A surface water conveyance for drainage or irrigation;
2. A grass-lined swale;
3. A canal;
4. A flow control facility;
5. A wastewater treatment facility;
6. A farm pond;
7. A wetpond;
8. Landscape amenities; or
9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway.
SECTION 120. Ordinance 15051, Section 137, as amended, and K.C.C. 21A.24.045 are each hereby amended to read as follows:
A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, impact avoidance and mitigation requirements and other applicable requirements established in this chapter:
1. Critical aquifer recharge area,
2. Coal mine hazard area;
3. Erosion hazard area;
4. Flood hazard area except in the severe channel migration hazard area;
5. Landslide hazard area under forty percent slope;
6. Seismic hazard area; and
7. Volcanic hazard areas.
B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations on the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, impact avoidance and mitigation requirements and other applicable requirements established in this chapter:
1. Severe channel migration hazard area;
2. Landslide hazard area over forty percent slope;
3. Steep slope hazard area;
4. Wetland;
5. Aquatic area;
6. Wildlife habitat conservation area; and
7. Wildlife habitat network.
C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required.
KEY |
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L A N D S L I D E H A Z A R D |
O V E R 40% A N D B U F F E R |
S T E E P S L O P E H A Z A R D |
A N D B U F F E R |
W E T L A N D A N D |
B U F F E R |
A Q U A T I C A R E A A N D |
B U F F E R A N D S E V E R E |
C H A N N E L M I G R A T I O N |
W I L D L I F E A R E A |
A N D N E T W O R K |
Letter "A" in a cell means alteration is allowed |
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A number in a cell means the corresponding numbered condition in subsection D. applies |
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"Wildlife area and network" column applies to both Wildlife Habitat Conservation Area and Wildlife Habitat Network |
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ACTIVITY |
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Structures |
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Construction of new single detached dwelling unit |
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A 1 |
A 2 |
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Construction of a new tree-supported structure |
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A 64 |
A 64 |
A 64 |
Construction of nonresidential structure |
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A 3 |
A 3 |
A 3, 4 |
Maintenance or repair of existing structure |
A 5 |
A |
A |
A |
A 4 |
Expansion or replacement of existing structure |
A 5, 7 |
A 5, 7 |
A 7, 8 |
A 6, 7, 8 |
A 4, 7 |
Interior remodeling |
A |
A |
A |
A |
A |
Construction of new dock or pier |
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A 9 |
A 9, 10, 11 |
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Maintenance, repair or replacement of dock or pier |
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A 12 |
A 10, 11 |
A 4 |
Grading |
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Grading |
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A 13 |
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A 14 |
A 4, 14 |
Construction of new slope stabilization |
A 15 |
A 15 |
A 15 |
A 15 |
A 4, 15 |
Maintenance of existing slope stabilization |
A 16 |
A 13 |
A 17 |
A 16, 17 |
A 4 |
Mineral extraction |
A |
A |
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Clearing |
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Clearing |
A 18 |
A 18, 19 |
A 18, 20 |
A 14, 18, 20 |
A 4, 14, 18, 20 |
Cutting firewood |
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A 21 |
A 21 |
A 21 |
A 4, 21 |
Removal of vegetation for fire safety |
A22 |
A22 |
A 22 |
A 22 |
A 4, 22 |
Removal of noxious weeds or invasive vegetation |
A 23 |
A 23 |
A 23 |
A 23 |
A 4, 23 |
Forest Practices |
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Nonconversion Class IV-G forest practice |
A 24 |
A 24 |
A 24 |
A 24 |
A 24, 25 |
Class I, II, III, IV-S forest practice |
A |
A |
A |
A |
A |
Roads |
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Construction of new public road right-of-way structure on unimproved right-of-way |
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A 26 |
A 26 |
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Construction of new road in a plat |
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A26 |
A26 |
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Maintenance of public road right-of-way structure |
A 16 |
A 16 |
A 16 |
A 16 |
A 16, 27 |
Expansion beyond public road right-of way structure |
A |
A |
A 26 |
A 26 |
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Repair, replacement or modification within the roadway |
A 16 |
A 16 |
A 16 |
A 16 |
A 16, 27 |
Construction of driveway or private access road |
A 28 |
A 28 |
A 28 |
A 28 |
A 28 |
Construction of farm field access drive |
A 29 |
A 29 |
A 29 |
A 29 |
A 29 |
Maintenance of driveway, private access road, farm field access drive or parking lot |
A |
A |
A 17 |
A 17 |
A 17, 27 |
Construction of a bridge or culvert as part of a driveway or private access road |
A 39 |
A 39 |
A 39 |
A 39 |
A 39 |
Bridges or culverts |
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Maintenance or repair of bridge or culvert |
A 16, 17 |
A 16, 17 |
A 16, 17 |
A 16, 17 |
A 16, 17, 27 |
Replacement of bridge or culvert |
A 16 |
A 16 |
A 16 |
A 16, 30 |
A 16, 27 |
Expansion of bridge or culvert |
A 16, 17 |
A 16, 17 |
A 16, 17, 31 |
A 16, 17, 31 |
A 4 |
Utilities and other infrastructure |
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Construction of new utility corridor or utility facility |
A 32, 33 |
A 32, 33 |
A 32, 34 |
A 32, 34 |
A 27, 32, 35 |
Construction of a new residential utility service distribution line |
A 32, 33 |
A 32, 33 |
A 32, 60 |
A 32, 60 |
A 27, 32, 60 |
Maintenance, repair or replacement of utility corridor or utility facility |
A 32, 33 |
A 32, 33 |
A 32, 34, 36 |
A 32, 34, 36 |
A 4, 32, 37 |
Construction of a new on-site sewage disposal system or well |
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A 63 |
A 63 |
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Maintenance or repair of existing well |
A 37 |
A 37 |
A 37 |
A 37 |
A 4, 37 |
Maintenance or repair of on-site sewage disposal system |
A |
A |
A |
A 37 |
A 4 |
Construction of new surface water conveyance system |
A 32, 33 |
A 32, 33 |
A 32, 38 |
A 32, 38 |
A 4 |
Maintenance, repair or replacement of existing surface water conveyance system |
A 33 |
A 33 |
A 16, 32, 38 |
A 16, 40, 41 |
A 4, 37 |
Construction of new surface water flow control or surface water quality treatment facility |
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A 32 |
A 32 |
A 4, 32 |
Maintenance or repair of existing surface water flow control or surface water quality treatment facility |
A 16 |
A 16 |
A 16 |
A 16 |
A 4 |
Construction of new flood protection facility |
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A 42 |
A 42 |
A 27, 42 |
Maintenance, repair or replacement of flood protection facility |
A 33, 43 |
A 33, 43 |
A 43 |
A 43 |
A 27, 43 |
Flood risk reduction gravel removal |
A 61 |
A 61 |
A 61 |
A 61 |
A 61 |
Construction of new instream structure or instream work |
A 16 |
A 16 |
A 16 |
A 16, 44, 45 |
A 4, 16, 44, 45 |
Maintenance or repair of existing instream structure |
A 16 |
A |
A |
A |
A 4 |
Recreation |
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Construction of new trail |
A 46 |
A 46 |
A 47 |
A 47 |
A 4, 47 |
Maintenance of outdoor public park facility, trail or publicly improved recreation area |
A 48 |
A 48 |
A 48 |
A 48 |
A 4, 48 |
Habitat, education and science projects |
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Habitat restoration or enhancement project |
A 49 |
A 49 |
A 49 |
A 49 |
A 4, 49 |
Scientific sampling for salmonids |
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A 50 |
A 50 |
A 50 |
Drilling and testing for critical areas report |
A 51 |
A 51 |
A 51, 52 |
A 51, 52 |
A 4 |
Environmental education project |
A 62 |
A 62 |
A 62 |
A 62 |
A 62 |
Agriculture |
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Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity |
A 53 |
A 53 |
A 53, 54 |
A 53, 54 |
A 53, 54 |
Grazing livestock |
A 53 |
A 53 |
A 53, 54 |
A 53, 54 |
A 53, 54 |
Construction or maintenance of livestock manure storage facility |
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A 53, 54, 55 |
A 53, 54, 55, 56 |
A 53, 54 |
Construction or maintenance of livestock flood sanctuary |
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A |
A 56 |
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Construction of agricultural drainage |
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A 57 |
A 57 |
A 4, 57 |
Maintenance of agricultural drainage |
A 23, 58 |
A 23, 58 |
A 23, 53, 54, 58 |
A 23, 53, 54, 58 |
A 4, 23, 53, 54, 58 |
Construction or maintenance of farm pond, fish pond or livestock watering pond |
A 53 |
A 53 |
A 53, 54 |
A 53, 54 |
A 53, 54 |
Other |
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Shoreline water dependent or shoreline water oriented use |
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A 65 |
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Excavation of cemetery graves in established and approved cemetery |
A |
A |
A |
A |
A |
Maintenance of cemetery graves |
A |
A |
A |
A |
A |
Maintenance of lawn, landscaping or garden for personal consumption |
A 59 |
A 59 |
A 59 |
A 59 |
A 59 |
Maintenance of golf course |
A 17 |
A 17 |
A 17 |
A 17 |
A 4, 17 |
D. The following alteration conditions apply:
1. Limited to farm residences in grazed or tilled wet meadows and subject to the limitations of subsection D.3. of this section.
2. Allowed in a buffer of a lake that is twenty acres or larger on a lot that was created before January 1, 2005, if:
a. at least seventy-five percent of the lots abutting the shoreline of the lake or seventy-five percent of the lake frontage, whichever constitutes the most developable lake frontage, has existing density of four dwelling units per acre or more;
b. the development proposal, including mitigation required by this chapter, will have the least adverse impact on the critical area;
c. existing native vegetation within the critical area buffer will remain undisturbed except as necessary to accommodate the development proposal and required building setbacks;
d. access is located to have the least adverse impact on the critical area and critical area buffer;
e. the alteration is the minimum necessary to accommodate the development proposal and in no case in excess of a development footprint of five thousand square feet;
f. the alteration ((does not exceed the residential development setbacks required under K.C.C. chapter 25.04 and)) is no ((circumstances shall the alteration be allowed)) closer than((:
(1) )) twenty-five feet of the ordinary high water mark of ((a)) the lake shoreline ((designated urban under K.C.C. chapter 25.16;
(2) fifty feet of the ordinary high water mark of a lake shoreline designated rural under K.C.C. chapter 25.20 or conservancy under K.C.C. chapter 25.24; or
(3) one hundred feet of the ordinary high water mark of a lake shoreline designated natural under K.C.C. chapter 25.28)); and
g. to the maximum extent practical, alterations are mitigated on the development proposal site by enhancing or restoring remaining critical area buffers.
3. Limited to nonresidential farm-structures in grazed or tilled wet meadows or buffers of wetlands or aquatic areas where:
a. the site is predominantly used for the practice of agriculture;
b. the structure is in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051;
c. the structure is either:
(1) on or adjacent to existing nonresidential impervious surface areas, additional impervious surface area is not created waterward of any existing impervious surface areas and the area was not used for crop production;
(2) higher in elevation and no closer to the critical area than its existing position; or
(3) at a location away from existing impervious surface areas that is determined to be the optimum site in the farm management plan;
d. all best management practices associated with the structure specified in the farm management plan are installed and maintained;
e. installation of fencing in accordance with K.C.C. chapter 21A.30 does not require the development of a farm management plan if required best management practices are followed and the installation does not require clearing of critical areas or their buffers; and
f. in a severe channel migration hazard area portion of an aquatic buffer only if:
(1) there is no feasible alternative location on-site;
(2) the structure is located where it is least subject to risk from channel migration;
(3) the structure is not used to house animals or store hazardous substances; and
(4) the total footprint of all accessory structures within the severe channel migration hazard area will not exceed the greater of one thousand square feet or two percent of the severe channel migration hazard area on the site.
4. Allowed if no clearing, external construction or other disturbance in a wildlife habitat conservation area occurs during breeding seasons established under K.C.C. 21A.24.382.
5. Allowed for structures when:
a. the landslide hazard poses little or no risk of injury;
b. the risk of landsliding is low; and
c. there is not an expansion of the structure.
6. Within a severe channel migration hazard area allowed for:
a. existing legally established primary structures if:
(1) there is not an increase of the footprint of any existing structure; and
(2) there is not a substantial improvement as defined in K.C.C. 21A.06.1270; and
b. existing legally established accessory structures if:
(1) additions to the footprint will not make the total footprint of all existing structures more than one-thousand square feet; and
(2) there is not an expansion of the footprint towards any source of channel migration hazard, unless the applicant demonstrates that the location is less subject to risk and has less impact on the critical area.
7. Allowed only in grazed wet meadows or the buffer or building setback outside a severe channel migration hazard area if:
a. the expansion or replacement does not increase the footprint of a nonresidential structure;
b.(1) for a legally established dwelling unit, the expansion or replacement, including any expansion of a legally established accessory structure or impervious surfaces allowed under this subsection B.7.b., does not increase the footprint of the dwelling unit and all other structures by more than one thousand square feet, not including any expansion of a drainfield made necessary by the expansion of structures. To the maximum extent practical, the replacement or expansion of a drainfield in the buffer should be located within areas of existing lawn or landscaping, unless another location will have a lesser impact on the critical area and its buffer;
(2) for a structure accessory to a dwelling unit, the expansion or replacement is located on or adjacent to existing impervious surface areas and does not result in a cumulative increase in the footprint of the accessory structure and the dwelling unit by more than one thousand square feet; ((and))
(3) the location of the expansion has the least adverse impact on the critical area; and
(4) a comparable area of degraded buffer area shall be enhanced through removal of nonnative plants and replacement with native vegetation in accordance with an approved landscaping plan;
c. the structure was not established as the result of an alteration exception, variance, buffer averaging or reasonable use exception; and
d. to the maximum extent practical, the expansion or replacement is not located closer to the critical area or within the relic of a channel that can be connected to an aquatic area.
8. Allowed upon another portion of an existing impervious surface outside a severe channel migration hazard area if:
a. the structure is not located closer to the critical area; ((and))
b. the existing impervious surface within the critical area or buffer is not expanded; and
c. the degraded buffer area is enhanced through removal of nonnative plants and replacement with native vegetation in accordance with an approved landscaping plan.
9. Limited to piers or seasonal floating docks in a category II, III or IV wetland or its buffer or along a lake shoreline or its buffer where:
a. ((the existing and zoned density of all properties abutting the entire lake shoreline averages three dwelling units per acre or more;
b. at least seventy-five percent of the lots abutting the shoreline or seventy-five percent of the lake frontage, whichever constitutes the most lake frontage, has been developed with dwelling units;
c.)) the vegetation where the alteration is proposed does not consist of dominant native wetland herbaceous or woody vegetation six feet in width or greater and the lack of this vegetation is not the result of any violation of law;
((d.)) b. the wetland or lake shoreline is not a salmonid spawning area; ((and))
((e.)) c. hazardous substances or toxic materials are not used; and
e. if located on a freshwater lake, the pier or dock conforms to the standards for docks under K.C.C. 25.16.120, as recodified by this ordinance.
10. Allowed on type N or O aquatic areas if hazardous substances or toxic materials are not used.
11. Allowed on type S or F aquatic areas outside of the severe channel migration hazard area if in compliance with ((K.C.C. Title 25)) K.C.C. 25.16.120, as recodified by this ordinance.
12. When located on a lake, must be in compliance with ((K.C.C. Title 25)) K.C.C. 25.16.120, as recodified by this ordinance.
13. Limited to regrading and stabilizing of a slope formed as a result of a legal grading activity.
14. The following are allowed in the severe channel migration hazard area if conducted more than one((-)) hundred ((and)) sixty-five feet from the ordinary high water mark in the rural area and one-hundred ((and)) fifteen feet from the ordinary high water mark in the urban area:
a. grading of up to fifty cubic yards on lot less than five acres; and
b. clearing of up to one-thousand square feet or up to a cumulative thirty-five percent of the severe channel migration hazard area.
15. Only where erosion or landsliding threatens a structure, utility facility, roadway, driveway, public trails, aquatic area or wetland if, to the maximum extent practical, stabilization work does not disturb the slope and its vegetative cover and any associated critical areas.
16. Allowed when performed by, at the direction of or authorized by a government agency in accordance with regional road maintenance guidelines.
17. Allowed when not performed under the direction of a government agency only if:
a. the maintenance or expansion does not involve the use of herbicides, hazardous substances, sealants or other liquid oily substances in aquatic areas, wetlands or their buffers; and
b. when maintenance, expansion or replacement of bridges or culverts involves water used by salmonids:
(1) the work is in compliance with ditch standards in public rule; and
(2) the maintenance of culverts is limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and the stabilization of the disturbed or damaged bank or channel immediately adjacent to the culvert and shall not involve the excavation of a new sediment trap adjacent to the inlet.
18. Allowed for the removal of hazard trees and vegetation as necessary for surveying or testing purposes.
19. The limited trimming and pruning of vegetation for the making and maintenance of view corridors or habitat enhancement under a vegetation management plan approved by the department, if the soils are not disturbed and the activity will not adversely affect the long term slope stability or water quality or cause erosion. The vegetation management plan shall use native species with adequate root strength to add stability to a steep slope.
20. Harvesting of plants and plant materials, such as plugs, stakes, seeds or fruits, for restoration and enhancement projects is allowed.
21. Cutting of firewood is subject to the following:
a. within a wildlife habitat conservation area, cutting firewood is not allowed;
b. within a wildlife network, cutting shall be in accordance with a management plan approved under K.C.C. 21A.24.386 by this ordinance; and
c. within a critical area buffer, cutting shall be for personal use and in accordance with an approved forest management plan or rural stewardship plan.
22. Allowed only in buffers if in accordance with best management practices approved by the King County fire marshal.
23. Allowed as follows:
a. if conducted in accordance with an approved forest management plan, farm management plan((,)) or rural stewardship plan; or
b. without an approved forest management plan, farm management plan or rural stewardship plan, only if:
(1) removal is undertaken with hand labor, including hand-held mechanical tools, unless the King County noxious weed control board otherwise prescribes the use of riding mowers, light mechanical cultivating equipment or herbicides or biological control methods;
(2) the area is stabilized to avoid regrowth or regeneration of noxious weeds;
(3) the cleared area is revegetated with native vegetation and stabilized against erosion; and
(4) herbicide use is in accordance with federal and state law;
24. Only if in accordance with chapter 76.09 RCW and Title 222 WAC and:
a. a forest management plan is approved for the site by the King County department of natural resources and parks; and
b. the property owner provides a notice of intent in accordance with RCW 76.09.060 that the site will not be converted to nonforestry uses within six years.
25. Only if in compliance with published Washington state Department of Fish and Wildlife and Washington state Department of Natural Resources Management standards for the species. If there are no published Washington state standards, only if in compliance with management standards determined by the county to be consistent with best available science.
26. Allowed only if:
a. there is not another feasible location with less adverse impact on the critical area and its buffer;
b. the corridor is not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site.
c. the corridor width is minimized to the maximum extent practical;
d. the construction occurs during approved periods for instream work;
e. the corridor will not change or diminish the overall aquatic area flow peaks, duration or volume or the flood storage capacity; and
f. no new public right-of-way is established within a severe channel migration hazard area.
27. To the maximum extent practical, during breeding season established under K.C.C. 21A.24.382, land clearing machinery such as bulldozers, graders or other heavy equipment are not operated within a wildlife habitat conservation area.
28. Allowed only if:
a. an alternative access is not available;
b. impact to the critical area is minimized to the maximum extent practical including the use of walls to limit the amount of cut and fill necessary;
c. the risk associated with landslide and erosion is minimized;
d. access is located where it is least subject to risk from channel migration; and
e. construction occurs during approved periods for instream work.
29. Only if in compliance with a farm management plan in accordance with K.C.C. 21A.24.051.
30. Allowed only if:
a. the replacement is made fish passable in accordance with the most recent Washington state Department of Fish and Wildlife manuals or with the National Marine and Fisheries Services guidelines for federally listed salmonid species; and
b. the site is restored with appropriate native vegetation.
31. Allowed if necessary to bring the bridge or culvert up to current standards and if:
a. there is not another feasible alternative available with less impact on the aquatic area and its buffer; and
b. to the maximum extent practical, the bridge or culvert is located to minimize impacts to the aquatic area and its buffer's.
32. Allowed in an existing roadway if conducted consistent with the regional road maintenance guidelines.
33. Allowed outside the roadway if:
a. the alterations will not subject the critical area to an increased risk of landslide or erosion;
b. vegetation removal is the minimum necessary to locate the utility or construct the corridor; and
c. significant risk of personal injury is eliminated or minimized in the landslide hazard area.
34. Limited to the pipelines, cables, wires and support structures of utility facilities within utility corridors if:
a. there is no alternative location with less adverse impact on the critical area and critical area buffer;
b. new utility corridors meet the all of the following to the maximum extent practical:
(1) are not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site;
(2) the mean annual flow rate is less than twenty cubic feet per second; and
(3) paralleling the channel or following a down-valley route near the channel is avoided;
c. to the maximum extent practical utility corridors are located so that:
(1) the width is the minimized;
(2) the removal of trees greater than twelve inches diameter at breast height is minimized;
(3) an additional, contiguous and undisturbed critical area buffer, equal in area to the disturbed critical area buffer area including any allowed maintenance roads, is provided to protect the critical area;
d. to the maximum extent practical, access for maintenance is at limited access points into the critical area buffer rather than by a parallel maintenance road. If a parallel maintenance road is necessary the following standards are met:
(1) to the maximum extent practical the width of the maintenance road is minimized and in no event greater than fifteen feet; and
(2) the location of the maintenance road is contiguous to the utility corridor on the side of the utility corridor farthest from the critical area;
e. the utility corridor or facility will not adversely impact the overall critical area hydrology or diminish flood storage capacity;
f. the construction occurs during approved periods for instream work;
g. the utility corridor serves multiple purposes and properties to the maximum extent practical;
h. bridges or other construction techniques that do not disturb the critical areas are used to the maximum extent practical;
i. bored, drilled or other trenchless crossing is laterally constructed at least four feet below the maximum depth of scour for the base flood;
j. bridge piers or abutments for bridge crossing are not placed within the FEMA floodway or the ordinary high water mark;
k. open trenching is only used during low flow periods or only within aquatic areas when they are dry. The department may approve open trenching of type S or F aquatic areas only if there is not a feasible alternative and equivalent or greater environmental protection can be achieved; and
l. minor communication facilities may collocate on existing utility facilities if:
(1) no new transmission support structure is required; and
(2) equipment cabinets are located on the transmission support structure.
35. Allowed only for new utility facilities in existing utility corridors.
36. Allowed for private individual utility service connections on site or to public utilities if the disturbed area is not expanded and no hazardous substances, pesticides or fertilizers are applied.
37. Allowed if the disturbed area is not expanded, clearing is limited to the maximum extent practical and no hazardous substances, pesticides or fertilizers are applied.
38. Allowed if:
a. conveying the surface water into the wetland or aquatic area buffer and discharging into the wetland or aquatic area buffer or at the wetland or aquatic area edge has less adverse impact upon the wetland or aquatic area or wetland or aquatic area buffer than if the surface water were discharged at the buffer's edge and allowed to naturally drain through the buffer;
b. the volume of discharge is minimized through application of low impact development and water quality measures identified in the King County Surface Water Design Manual;
c. the conveyance and outfall are installed with hand equipment where feasible;
d. the outfall shall include bioengineering techniques where feasible; and
e. the outfall is designed to minimize adverse impacts to critical areas.
39. Allowed only if:
a. there is no feasible alternative with less impact on the critical area and its buffer;
b. to the maximum extent practical, the bridge or culvert is located to minimize impacts to the critical area and its buffer;
c. the bridge or culvert is not located over habitat used for salmonid rearing or spawning unless there is no other feasible crossing site;
d. construction occurs during approved periods for in-stream work; and
e. bridge piers or abutments for bridge crossings are not placed within the FEMA floodway, severe channel migration hazard area or waterward of the ordinary high water mark.
40. Allowed for an open, vegetated stormwater management conveyance system and outfall structure that simulates natural conditions if:
a. fish habitat features necessary for feeding, cover and reproduction are included when appropriate;
b. vegetation is maintained and added adjacent to all open channels and ponds, if necessary to prevent erosion, filter out sediments or shade the water; and
c. bioengineering techniques are used to the maximum extent practical.
41. Allowed for a closed, tightlined conveyance system and outfall structure if:
a. necessary to avoid erosion of slopes; and
b. bioengineering techniques are used to the maximum extent practical.
42. Allowed in a severe channel migration hazard area or an aquatic area buffer to prevent bank erosion only:
a. if consistent with the Integrated Streambank Protection Guidelines (Washington State Aquatic Habitat Guidelines Program, 2002) and if bioengineering techniques are used to the maximum extent practical, unless the applicant demonstrates that other methods provide equivalent structural stabilization and environmental function;
b. based on a critical areas report, the department determines that the new flood protection facility will not cause significant impacts to upstream or downstream properties; and
c. to prevent bank erosion for the protection of:
(1) public roadways;
(2) sole access routes in existence before February 16, 1995;
(3) new primary dwelling units, accessory dwelling units or accessory living quarters and residential accessory structures located outside the severe channel migration hazard area if:
(a) the site is adjacent to or abutted by properties on both sides containing buildings or sole access routes protected by legal bank stabilization in existence before February 16, 1995. The buildings, sole access routes or bank stabilization must be located no more than six hundred feet apart as measured parallel to the migrating channel; and
(b) the new primary dwelling units, accessory dwelling units, accessory living quarters or residential accessory structures are located no closer to the aquatic area than existing primary dwelling units, accessory dwelling units, accessory living quarters or residential accessory structures on abutting or adjacent properties; or
(4) existing primary dwelling units, accessory dwelling units, accessory living quarters or residential accessory structures if:
(a) the structure was in existence before the adoption date of a King County Channel Migration Zone hazard map that applies to that channel, if such a map exists;
(b) the structure is in imminent danger, as determined by a geologist, engineering geologist or geotechnical engineer;
(c) the applicant has demonstrated that the existing structure is at risk, and the structure and supporting infrastructure cannot be relocated on the lot further from the source of channel migration; and
(d) nonstructural measures are not feasible.
43. Applies to lawfully established existing structures if:
a. the height of the facility is not increased, unless the facility is being replaced in a new alignment that is landward of the previous alignment and enhances aquatic area habitat and process;
b. the linear length of the facility is not increased, unless the facility is being replaced in a new alignment that is landward of the previous alignment and enhances aquatic area habitat and process;
c. the footprint of the facility is not expanded waterward;
d. consistent with the Integrated Streambank Protection Guidelines (Washington State Aquatic Habitat Guidelines Program, 2002) and bioengineering techniques are used to the maximum extent practical;
e. the site is restored with appropriate native vegetation and erosion protection materials; and
f. based on a critical areas report, the department determines that the maintenance, repair, replacement or construction will not cause significant impacts to upstream or downstream properties.
44. Allowed in type N and O aquatic areas if done in least impacting way at least impacting time of year, in conformance with applicable best management practices, and all affected instream and buffer features are restored.
45. Allowed in a type S or F water when such work is:
a. included as part of a project to evaluate, restore or improve habitat((,)); and
b. sponsored or cosponsored by a public agency that has natural resource management as a function or by a federally recognized tribe.
46. Allowed as long as the trail is not constructed of impervious surfaces that will contribute to surface water run-off, unless the construction is necessary for soil stabilization or soil erosion prevention or unless the trail system is specifically designed and intended to be accessible to handicapped persons.
47. Not allowed in a wildlife habitat conservation area. Otherwise, allowed in the buffer or for crossing a category II, III or IV wetland or a type F, N or O aquatic area, if:
a. the trail surface is made of pervious materials, except that public multipurpose trails may be made of impervious materials if they meet all the requirements in K.C.C. chapter 9.12. A trail that crosses a wetland or aquatic area shall be constructed as a raised boardwalk or bridge;
b. to the maximum extent practical, buffers are expanded equal to the width of the trail corridor including disturbed areas;
c. there is not another feasible location with less adverse impact on the critical area and its buffer;
d. the trail is not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site;
e. the trail width is minimized to the maximum extent practical;
f. the construction occurs during approved periods for instream work; and
g. the trail corridor will not change or diminish the overall aquatic area flow peaks, duration or volume or the flood storage capacity.
h. the trail may be located across a critical area buffer for access to a viewing platform or to a permitted dock or pier;
i. A private viewing platform may be allowed if it is:
(1) located upland from the wetland edge or the ordinary high water mark of an aquatic area;
(2) located where it will not be detrimental to the functions of the wetland or aquatic area and will have the least adverse environmental impact on the critical area or its buffer;
(3) limited to fifty square feet in size;
(4) constructed of materials that are ((non-toxic)) nontoxic; and
(5) on footings located outside of the wetland or aquatic area.
48. Only if the maintenance:
a. does not involve the use of herbicides or other hazardous substances except for the removal of noxious weeds or invasive vegetation;
b. when salmonids are present, the maintenance is in compliance with ditch standards in public rule; and
c. does not involve any expansion of the roadway, lawn, landscaping, ditch, culvert, engineered slope or other improved area being maintained.
49. Limited to alterations to restore habitat forming processes or directly restore habitat function and value, including access for construction, as follows:
a. projects sponsored or cosponsored by a public agency that has natural resource management as a primary function or by a federally recognized tribe;
b. restoration and enhancement plans prepared by a qualified biologist; or
c. conducted in accordance with an approved forest management plan, farm management plan or rural stewardship plan.
50. Allowed in accordance with a scientific sampling permit issued by Washington state Department of Fish and Wildlife or an incidental take permit issued under Section 10 of the Endangered Species Act.
51. Allowed for the minimal clearing and grading, including site access, necessary to prepare critical area reports.
52. The following are allowed if associated spoils are contained:
a. data collection and research if carried out to the maximum extent practical by nonmechanical or hand-held equipment;
b. survey monument placement;
c. site exploration and gage installation if performed in accordance with state-approved sampling protocols and accomplished to the maximum extent practical by hand-held equipment and; or similar work associated with an incidental take permit issued under Section 10 of the Endangered Species Act or consultation under Section 7 of the Endangered Species Act.
53. Limited to activities in continuous existence since January 1, 2005, with no expansion within the critical area or critical area buffer. "Continuous existence" includes cyclical operations and managed periods of soil restoration, enhancement or other fallow states associated with these horticultural and agricultural activities.
54. Allowed for expansion of existing or new agricultural activities where:
a. the site is predominantly involved in the practice of agriculture;
b. there is no expansion into an area that:
(1) has been cleared under a class I, II, III, IV-S or nonconversion IV-G forest practice permit; or
(2) is more than ten thousand square feet with tree cover at a uniform density more than ninety trees per acre and with the predominant mainstream diameter of the trees at least four inches diameter at breast height, not including areas that are actively managed as agricultural crops for pulpwood, Christmas trees or ornamental nursery stock;
c. the activities are in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051; and
d. all best management practices associated with the activities specified in the farm management plan are installed and maintained.
55. Only allowed in grazed or tilled wet meadows or their buffers if:
a. the facilities are designed to the standards of an approved farm management plan in accordance K.C.C. 21A.24.051 or an approved livestock management plan in accordance with K.C.C. chapter 21A.30;
b. there is not a feasible alternative location available on the site; and
c. the facilities are located close to the outside edge of the buffer to the maximum extent practical.
56. Allowed in a severe channel migration hazard area portion of an aquatic area buffer if:
a. the facilities are designed to the standards in an approved farm management plan in accordance with K.C.C. 21A.24.051;
b. there is not a feasible alternative location available on the site; and
c. the structure is located where it is least subject to risk from channel migration.
57. Allowed for new agricultural drainage in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051 and all best management practices associated with the activities specified in the farm management plan are installed and maintained.
58. If the agricultural drainage is used by salmonids, maintenance shall be in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051.
59. Allowed within existing landscaped areas or other previously disturbed areas.
60. Allowed for residential utility service distribution lines to residential dwellings, including, but not limited to, well water conveyance, septic system conveyance, water service, sewer service, natural gas, electrical, cable and telephone, if:
a. there is no alternative location with less adverse impact on the critical area or the critical area buffer;
b. the residential utility service distribution lines meet the all of the following, to the maximum extent practical:
(1) are not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site;
(2) not located over a type S aquatic area;
(3) paralleling the channel or following a down-valley route near the channel is avoided;
(4) the width of clearing is minimized;
(5) the removal of trees greater than twelve inches diameter at breast height is minimized;
(6) an additional, contiguous and undisturbed critical area buffer, equal in area to the disturbed critical area buffer area is provided to protect the critical area;
(7) access for maintenance is at limited access points into the critical area buffer.
(8) the construction occurs during approved periods for instream work;
(9) bored, drilled or other trenchless crossing is encouraged, and shall be laterally constructed at least four feet below the maximum depth of scour for the base flood; and
(10) open trenching across Type O or Type N aquatic areas is only used during low flow periods or only within aquatic areas when they are dry.
61. Allowed if sponsored or cosponsored by the countywide flood control zone district and the department determines that the project and its location:
a. is the best flood risk reduction alternative practicable;
b. is part of a comprehensive, long-term flood management strategy;
c. is consistent with the King County Flood Hazard Management Plan policies;
d. will have the least adverse impact on the ecological functions of the critical area or its buffer, including habitat for fish and wildlife that are identified for protection in the King County Comprehensive Plan; and
e. has been subject to public notice in accordance with K.C.C. 20.44.060.
62.a. Not allowed in wildlife habitat conservation areas;
b. Only allowed if:
(1) the project is sponsored or cosponsored by a public agency whose primary function deals with natural resources management;
(2) the project is located on public land or on land that is owned by a ((non-profit)) nonprofit agency whose primary function deals with natural resources management;
(3) there is not a feasible alternative location available on the site with less impact to the critical area or its associated buffer;
(4) the aquatic area or wetland is not for salmonid rearing or spawning;
(5) the project minimizes the footprint of structures and the number of access points to any critical areas; and
(6) the project meets the following design criteria:
(A) to the maximum extent practical size of platform shall not exceed one hundred square feet;
(B) all construction materials for any structures, including the platform, pilings, exterior and interior walls and roof, are constructed of nontoxic material, such as nontreated wood, vinyl-coated wood, nongalvanized steel, plastic, plastic wood, fiberglass or cured concrete that the department determines will not have an adverse impact on water quality;
(C) the exterior of any structures are sufficiently camouflaged using netting or equivalent to avoid any visual deterrent for wildlife species to the maximum extent practical. The camouflage shall be maintained to retain concealment effectiveness;
(D) structures shall be located outside of the wetland or aquatic area landward of the Ordinary High Water Mark or open water component (if applicable) to the maximum extent practical on the site;
(E) construction occurs during approved periods for work inside the Ordinary High Water Mark;
(F) construction associated with bird blinds shall not occur from March 1 through August 31, in order to avoid disturbance to birds during the breeding, nesting((,)) and rearing seasons;
(G) to the maximum extent practical, provide accessibility for persons with physical disabilities in accordance with the International Building Code;
(H) trail access is designed in accordance with public rules adopted by the department;
(I) existing native vegetation within the critical area will remain undisturbed except as necessary to accommodate the proposal. Only minimal hand clearing of vegetation is allowed; and
(J) disturbed bare ground areas around the structure must be replanted with native vegetation approved by the department.
63. Not allowed in the severe channel migration zone, there is no alternative location with less adverse impact on the critical area and buffer and clearing is minimized to the maximum extent practical.
64. Only structures wholly or partially supported by a tree and used as accessory living quarters or for play and similar uses described in K.C.C. 16.02.240.1, subject to the following:
a. not allowed in wildlife habitat conservation areas or severe channel migration hazard areas;
b. the structure's floor area shall not exceed two hundred square feet, excluding a narrow access stairway or landing leading to the structure;
c. the structure shall be located as far from the critical area as practical, but in no case closer than seventy-five feet from the critical area;
d. only one tree-supported structure within a critical area buffer is allowed on a lot;
e. all construction materials for the structure, including the platform, pilings, exterior and interior walls and roof, shall be constructed of nontoxic material, such as nontreated wood, vinyl-coated wood, nongalvanized steel, plastic, plastic wood, fiberglass or cured concrete that the department determines will not have an adverse impact on water quality;
f. to the maximum extent practical, the exterior of the structure shall be camouflaged with natural wood and earth tone colors to limit visual impacts to wildlife and visibility from the critical area. The camouflage shall be maintained to retain concealment effectiveness;
g. the structure must not adversely impact the long-term health and viability of the tree. The evaluation shall include, but not be limited to, the following:
(1) the quantity of supporting anchors and connection points to attach the tree house to the tree shall be the minimum necessary to adequately support the structure;
(2) the attachments shall be constructed using the best available tree anchor bolt technology; and
(3) an ISA Certified Arborist shall evaluate the tree proposed for placement of the tree house and shall submit a report discussing how the tree's long-term health and viability will not be negatively impacted by the tree house or associated infrastructure;
h. exterior lighting shall meet the following criteria:
(1) limited to the minimum quantity of lights necessary to meet the building code requirements to allow for safe exiting of the structure and stairway; and
(2) exterior lights shall be fully shielded and shall direct light downward, in an attempt to minimize impacts to the nighttime environment;
i. unless otherwise approved by the department, all external construction shall be limited to September 1 through March 1 in order to avoid disturbance to wildlife species during typical breeding, nesting and rearing seasons;
j. trail access to the structure shall be designed in accordance with trail standards under subsection D.47. of this section;
k. to the maximum extent practical, existing native vegetation shall be left undisturbed. Only minimal hand clearing of vegetation is allowed; and
l. vegetated areas within the critical area buffer that are temporarily impacted by construction of the structure shall be restored by planting native vegetation according to a vegetation management plan approved by the department.
65. Shoreline water dependent and shoreline water oriented uses are allowed in the aquatic area and aquatic area buffer of a Type S aquatic area if consistent with K.C.C. chapter _____ (the new chapter created by section 16 of this ordinance), chapter 90.58 RCW and the King County Comprehensive Plan.
SECTION 121. Ordinance 15051, Section 139, as amended, and K.C.C. 21A.24.055 are each hereby amended to read as follows:
A. On a site zoned RA, the department may approve a modification of the minimum buffer widths for aquatic areas, wetlands and wildlife habitat conservation areas and maximum clearing restrictions through a rural stewardship plan for single family detached residential development in accordance with this section.
B. The property owner or applicant shall develop the rural stewardship plan as part of a rural stewardship program offered or approved by King County and has the option of incorporating appropriate components of a county-approved farm management or a county-approved forest stewardship plan.
C. In its evaluation of any proposed modification of the minimum buffer widths for aquatic areas, wetlands and wildlife habitat conservation areas and maximum clearing restrictions, the department shall consider the following factors:
1. The existing condition of the drainage basin or marine shoreline as designated on the Basin and Shoreline Conditions Map;
2. The existing condition of wetland and aquatic area buffers;
3. The existing condition of wetland functions based on the adopted Washington State Wetland Rating System for Western Washington, Washington state department of ecology publication number 04-06-025, published August 2004;
4. The location of the site in the drainage basin;
5. The percentage of impervious surfaces and clearing on the site; and
6. Any existing development on the site that was approved as a result of a variance or alteration exception that allowed development within a critical area or critical area buffer. If the existing development was approved through a variance or alteration exception, the rural stewardship plan shall demonstrate that the plan will result in enhancing the functions and values of critical areas located on the site as if the development approved through the variance or alteration exception had not occurred.
D. A rural stewardship plan does not modify the requirement for permits for activities covered by the rural stewardship plan.
E. Modifications of critical area buffers shall be based on the following prioritized goals:
1. To the maximum extent practical, to avoid impacts to critical areas ((to the maximum extent practical)) and, if applicable, to the shoreline jurisdiction;
2. To avoid impacts to the higher quality wetland or aquatic area or the more protected fish or wildlife species, if there is a potential to affect more than one category of wetland or aquatic area or more than one species of native fish or wildlife;
3. To maintain or enhance the natural hydrologic systems on the site to the maximum extent practical;
4. To maintain, restore or enhance native vegetation;
5. To maintain, restore or enhance the function and value of critical areas or critical area buffers located on the site;
6. To minimize habitat fragmentation and enhance corridors between wetlands, riparian corridors, wildlife habitat conservation areas and other priority habitats;
7. To minimize the impacts of development over time by implementing best management practices and meeting performance standards during the life of the development; and
8. To monitor the effectiveness of the stewardship practices and implement additional practices through adaptive management to maintain, restore or enhance critical area functions when necessary.
F. If a part or all of the site is located within the shoreline jurisdiction, the rural stewardship plan shall:
1. Consider and be consistent with the goals of the Shoreline Management Act and the policies of the King County Shoreline Master Program;
2. Consider the priorities of the King County Shoreline Protection and Restoration Plan; and
3. Ensure no net loss of shoreline ecological functions.
G. A rural stewardship plan may include, but is not limited to, the following elements:
1. Critical areas designation under K.C.C. 21A.24.500;
2. Identification of structures, cleared and forested areas and other significant features on the site;
3. Location of wetlands and aquatic areas and their buffers, and wildlife habitat;
4. Analysis of impacts of planned changes to any existing structures, for other changes to the site that involve clearing or grading or for new development;
5. Site-specific best management practices that mitigate impacts of development and that protect and enhance the ecological values and functions of the site;
6. A schedule for implementation of the elements of the rural stewardship plan; and
7. A plan for monitoring the effectiveness of measures approved under the rural stewardship plan and to modify if adverse impacts occur.
((G.)) H. A rural stewardship plan may be developed as part of a program offered or approved by King County and shall include a site inspection by the county to verify that the plan is reasonably likely to accomplish the goals in subsection E. of this section to protect water quality, reduce flooding and erosion, maintain, restore or enhance the function and value of critical areas and their buffers and maintain or enhance native vegetation on the site of this section.
((H.)) I. A property owner who completes a rural stewardship plan that is approved by the county may be eligible for tax benefits under the public benefit rating system in accordance with K.C.C. 20.36.100.
((I.)) J. If a property owner withdraws from the rural stewardship plan, in addition to any applicable penalties under the public benefit rating system, the following apply:
1. Mitigation is required for any structures constructed in critical area buffers under the rural stewardship plan; and
2. The property owner shall apply for buffer averaging or an alteration exception, as appropriate, to permit any structure or use that has been established under the rural stewardship plan and that would not otherwise be permitted under this chapter.
((J.)) K. A rural stewardship plan is not effective until approved by the county. Before approval, the county may conduct a site inspection, which may be through a program offered or approved by King County, to verify that the plan is reasonably likely to accomplish the goals in subsection E. of this section.
((K.)) L. Once approved, activities carried out in compliance with the approved rural stewardship plan shall be deemed in compliance with this chapter. In the event of a potential code enforcement action, the department of development and environmental services shall first inform the department of natural resources and parks of the activity. ((Prior to)) Before taking code enforcement action, the department of development and environmental services shall consult with the department of natural resources and parks to determine whether the activity is consistent with the rural stewardship plan.
SECTION 122. Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070 are each hereby amended to read as follows:
A. The director may approve alterations to critical areas, critical area buffers and critical area setbacks not otherwise allowed by this chapter as follows:
1. Except as otherwise provided in subsection A.2. of this section, ((F))for linear alterations, the director may approve alterations to critical areas, critical area buffers and critical area setbacks only when all of the following criteria are met:
a. there is no feasible alternative to the development proposal with less adverse impact on the critical area;
b. the proposal minimizes the adverse impact on critical areas to the maximum extent practical;
c. the approval does not require the modification of a critical area development standard established by this chapter;
d. the development proposal does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest;
e. the linear alteration:
(1) connects to or is an alteration to a public roadway, regional light rail transit line, public trail, a utility corridor or utility facility or other public infrastructure owned or operated by a public utility; or
(2) is required to overcome limitations due to gravity; ((and))
2. In order to accommodate the siting of a regional light rail transit facility under RCW 36.70A.200, the director may approve alterations to critical areas, critical area buffers and critical area setbacks not otherwise allowed by this chapter and may impose reasonable conditions to minimize the impact of the light rail transit facility on the critical area and its buffer; and
3. For nonlinear alterations the director may approve alterations to critical areas except wetlands, unless otherwise allowed under subsection A.2.h. of this section, aquatic areas and wildlife habitat conservation areas, and alterations to critical area buffers and critical area setbacks, when all of the following criteria are met:
a. there is no feasible alternative to the development proposal with less adverse impact on the critical area;
b. the alteration is the minimum necessary to accommodate the development proposal;
c. the approval does not require the modification of a critical area development standard established by this chapter;
d. the development proposal does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest;
e. for dwelling units, no more than five thousand square feet or ten percent of the site, whichever is greater, may be disturbed by structures, building setbacks or other land alteration, including grading, utility installations and landscaping, but not including the area used for a driveway or for an on-site sewage disposal system;
f. to the maximum extent ((possible)) practical, access is located to have the least adverse impact on the critical area and critical area buffer;
g. the critical area is not used as a salmonid spawning area; and
h. the director may approve an alteration in a category II, III and IV wetland for development of a public school facility.
B. The director may approve alterations to critical areas, critical area buffers and critical area setbacks if the application of this chapter would deny all reasonable use of the property((.)) as follows:
1. If the critical area, critical area buffer or critical area setback is outside of the shoreline jurisdiction, ((T))the applicant may apply for a reasonable use exception ((pursuant to)) under this subsection without first having applied for an alteration exception under this section if the requested reasonable use exception includes relief from development standards for which an alteration exception cannot be granted ((pursuant to the provisions of)) under this section. The director shall determine that all of the following criteria are met:
a. there is no other reasonable use with less adverse impact on the critical area;
b. the development proposal does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest;
c. any authorized alteration to the critical area or critical area buffer is the minimum necessary to allow for reasonable use of the property; and
d. for dwelling units, no more than five thousand square feet or ten percent of the site, whichever is greater, may be disturbed by structures, building setbacks or other land alteration, including grading, utility installations and landscaping but not including the area used for a driveway or for an on-site sewage disposal system; and
2. If the critical area, critical area buffer or critical area setback is located within the shoreline jurisdiction, the request for a reasonable use exception shall be considered a request for a shoreline variance under K.C.C. 25.32.040, as recodified by this ordinance.
C. For the purpose of this section, "linear" alteration means infrastructure that supports development, that is linear in nature and includes public and private roadways, public trails, private driveways, railroads, regional light rail transit, utility corridors and utility facilities.
D. Alteration exceptions approved under this section shall meet the mitigation requirements of this chapter.
E. An applicant for an alteration exception shall submit a critical area report, as required by K.C.C. 21A.24.110.
SECTION 123. Ordinance 11621, Section 75, as amended, and K.C.C. 21A.24.275 are each hereby amended to read as follows:
The following development standards apply to development proposal and alterations on sites within channel migration zones that have been mapped and adopted by public rule:
A. The development standards that apply to the aquatic area buffers in K.C.C. 21A.24.365 also apply to the severe channel migration zone and the portion of the moderate channel migration zone that is within the aquatic area buffer. The more-restrictive standards apply where there is a conflict;
B. Only the alterations identified in K.C.C. 21A.24.045 are allowed within a severe channel migration hazard area; and
C. The following standards apply to development proposals and alterations within the moderate channel migration hazard area:
1. Maintenance, repair or expansion of any use or structure is allowed if the existing structure's footprint is not expanded towards any source of channel migration hazard, unless the applicant can demonstrate that the location is the least subject to risk;
2. New primary dwelling units, accessory dwelling units or accessory living quarters, and required infrastructure, are allowed if:
a. the structure is located on a separate lot in existence on or before February 16, 1995;
b. a feasible alternative location outside of the channel migration hazard area is not available on-site; and
c. to the maximum extent practical, the structure and supporting infrastructure is located the farthest distance from any source of channel migration hazard, unless the applicant can demonstrate that an alternative location is:
(1) the least subject to risk; or
(2) within the outer third of the moderate channel migration hazard area as measured perpendicular to the channel;
3. New accessory structures are allowed if:
a. a feasible alternative location is not available on-site; and
b. to the maximum extent practical, the structure is located the farthest distance from the migrating channel; and
4. The subdivision of property is allowed within the portion of a moderate channel migration hazard area located outside an aquatic area buffer if:
a. All lots contain five-thousand square feet or more of buildable land outside of the moderate channel migration hazard area;
b. Access to all lots does not cross the moderate channel migration hazard area; and
c. All infrastructure is located outside the moderate channel migration hazard area except that an on-site septic system is allowed in the moderate channel migration hazard area if:
(1) a feasible alternative location is not available on-site; and
(2) to the maximum extent practical, the septic system is located the farthest distance from the migrating channel and critical saltwater habitat.
SECTION 124. Ordinance 15051, Section 185, as amended, and K.C.C. 21A.24.325 are each hereby amended to read as follows:
Except as otherwise provided in this section, buffers shall be provided from the wetland edge as follows:
A. In the Urban Growth Area, buffers for wetlands shall be established in accordance with the following standards:
1. The standard buffer widths of the following table shall apply unless modified in accordance with subsection A.2, A.3, C. or D. of this section:
WETLAND CATEGORY AND CHARACTERISTICS |
BUFFER |
Category I |
|
Natural Heritage Wetlands |
215 feet |
Bog |
215 feet |
Estuarine |
175 feet |
Coastal Lagoon |
175 feet |
Habitat score from 31 to 36 points |
225 feet |
Habitat score from 20 to 30 points |
150 feet plus 7.5 feet for each habitat score point above 20 points |
Category I wetlands not meeting any of the criteria above |
125 feet |
Category II |
|
Estuarine |
135 feet |
Habitat score from 31 to 36 points |
200 feet |
Habitat score from 20 to 30 points |
125 feet plus 7.5 feet for each habitat score point above 20 points |
Category II wetlands not meeting any of the criteria above |
100 feet |
Category III |
|
Habitat score from 20 to 28 points |
125 feet |
Category III wetlands not meeting any of the criteria above |
75 feet |
Category IV |
50 feet |
2. If a Category I or II wetland with habitat score greater than twenty points is located within three hundred feet of a priority habitat area as defined by the Washington state Department of Fish and Wildlife, the buffer established by subsection A.1. of this section shall be increased by fifty feet unless:
a.(i) the applicant provides relatively undisturbed vegetated corridor at least one hundred feet wide between the wetland and all priority habitat areas located within three hundred feet of the wetland. The corridor shall be protected for the entire distance between the wetland and the priority habitat through a conservation easement, native growth protection easement or the equivalent; and
(ii) the applicable mitigation measures in subsection A.3.b. of this section are provided; or
b. the wetland is a freshwater or deep freshwater wetland; and
3. Buffers calculated in accordance with subsection A.1. and A.2. of this section shall be reduced as follows:
a. Buffers for all categories of wetlands shall be reduced by twenty-five feet if the applicant implements all applicable mitigation measures identified in subsection A.3.b. of this section, or if the applicant proposes alternate mitigation to reduce the impacts of the development and the department determines the alternative provides equivalent mitigation.
b. The following mitigation measures may be used by an applicant to obtain a reduced buffer width under subsection A.1. of this section:
Disturbance |
Measures to minimize impacts |
Activities that may cause the disturbance |
Lights |
Direct lights away from wetland |
Parking lots, warehouses, manufacturing, high density residential |
Noise |
Place activity that generates noise away from the wetland. |
manufacturing, high density residential |
Toxic runoff |
Route all new untreated runoff away from wetland, or Covenants limiting use of pesticides within 150 ft of wetland, or Implement integrated pest management program |
Parking lots, roads, manufacturing, residential areas, application of agricultural pesticides, landscaping |
Change in water regime |
Infiltrate or treat, detain and disperse into buffer new runoff from impervious surfaces using low impact development measures identified in the King County Surface Water Design Manual |
Any impermeable surface, lawns, tilling |
Pets and Human disturbance |
Privacy fencing or landscaping to delineate buffer edge and to discourage disturbance of wildlife by humans and pets |
Residential areas |
Dust |
BMP's for dust |
Tilled fields |
Degraded buffer condition |
Nonnative plants to be removed and replaced with native vegetation per an approved landscaping plan to be bonded and monitored for a three year period after completion to ensure at least 80% survival of plantings |
All activities potentially requiring buffers |
B. For a wetland located outside the Urban Growth Area:
1. The buffers shown on the following table apply unless modified in accordance with subsections C. and D. of this section:
WETLAND CATEGORY AND CHARACTERISTICS |
BUFFER |
Category I |
|
Category I wetlands not meeting any of the criteria below |
125 feet |
Natural Heritage Wetlands |
215 feet |
Bog |
215 feet |
Estuarine |
175 feet |
Coastal Lagoon |
175 feet |
Habitat score from 31 to 36 points |
225 feet |
Habitat score from 20 to 30 points |
150 feet plus 7.5 feet for each habitat score point above 20 points |
Category II |
|
Category II wetlands not meeting any of the criteria below |
100 feet |
Estuarine |
135 feet |
Habitat score from 31 to 36 points |
200 feet |
Habitat score from 20 to 30 points |
125 feet plus 7.5 feet for each habitat score point above 20 points |
Category III |
|
Category III wetlands not meeting any of the criteria below |
75 feet |
Habitat score from 20 to 28 points |
125 feet |
Category IV |
50 feet |
2. For purposes of this subsection B., unless the director determines a lesser level of impact is appropriate based on information provided by the applicant, the intensity of impact of the adjacent land use is determined as follows:
a. high impact includes:
(1) sites zoned commercial or industrial;
(2) commercial or industrial use on a site regardless of the zoning designation;
(3) nonresidential use on a site zoned for residential use;
(4) active recreation use on a site regardless of zoning;
b. moderate impact includes:
(1) residential uses on sites zoned rural residential;
(2) residential use on a site zoned agriculture or forestry; or
(3) agricultural uses without an approved farm management plan; and
c. low impact includes:
(1) forestry use on a site regardless of zoning designation;
(2) passive recreation uses, such as trails, nature viewing areas, fishing and camping areas((,)) and other similar uses that do not require permanent structures, on a site regardless of zoning; or
(3) agricultural uses carried out in accordance with an approved farm management plan.
C. The department may approve a modification of the minimum buffer width required by this section by averaging the buffer width if:
1. The department determines that:
a. the ecological structure and function of the buffer after averaging is equivalent to or greater than the structure and function before averaging; or
b. averaging includes the corridors of a wetland complex; and
2. The resulting buffer meets the following standards:
a. the total area of the buffer after averaging is equivalent to or greater than the area of the buffer before averaging;
b. the additional buffer is contiguous with the standard buffer; and
c. if the buffer width averaging allows a structure or landscaped area to intrude into the area that was buffer area before averaging, the resulting landscaped area shall extend no more than fifteen feet from the edge of the structure's footprint toward the reduced buffer.
D. Wetland buffer widths shall also be subject to modifications under the following special circumstances:
1. For wetlands containing documented habitat for endangered, threatened or species of local importance, the following shall apply:
a. the department shall establish the appropriate buffer, based on a habitat assessment, to ensure that the buffer provides adequate protection for the sensitive species; and
b. the department may apply the buffer increase rules in subsection A.2. of this section, the buffer reduction rules in subsection A.3. of this section((,)) and the buffer averaging rules in subsection C. of this section;
2. For a wetland buffer that includes a steep slope hazard area or landslide hazard area, the buffer width is the greater of the buffer width required by the wetland's category in this section or twenty-five feet beyond the top of the hazard area; and
3. For a wetland complex located outside the Urban Growth Area established by the King County Comprehensive Plan or located within the Urban Growth Area in a basin designated as "high" on the Basin and Shoreline Conditions Map, which is included as Attachment A to Ordinance 15051, the buffer width is determined as follows:
a. the buffer width for each individual wetland in the complex is the same width as the buffer width required for the category of wetland;
b. if the buffer of a wetland within the complex does not touch or overlap with at least one other wetland buffer in the complex, a corridor is required from the buffer of that wetland to one other wetland buffer in the complex considering the following factors:
(1) the corridor is designed to support maintaining viable wildlife species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing((,)) or feeding;
(2) the corridor minimizes fragmentation of the wetlands;
(3) higher category wetlands are connected through corridors before lower category wetlands; and
(4) the corridor width is a least twenty-five percent of the length of the corridor, but no less than twenty-five feet in width; and
(5) shorter corridors are preferred over longer corridors;
c. wetlands in a complex that are connected by an aquatic area that flows between the wetlands are not required to be connected through a corridor;
d. the department may exclude a wetland from the wetland complex if the applicant demonstrates that the wetland is unlikely to provide habitat for wildlife species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding; and
e. the alterations allowed in a wetland buffer in K.C.C. 21A.24.045 are allowed in corridors subject to the same conditions and requirements as wetland buffers as long as the alteration is designed so as not to disrupt wildlife movement through the corridor;
4. Where a legally established roadway transects a wetland buffer, the department may approve a modification of the minimum required buffer width to the edge of the roadway if the part of the buffer on the other side of the roadway sought to be reduced:
a. does not provide additional protection of the proposed development or the wetland; and
b. provides insignificant biological, geological or hydrological buffer functions relating to the other portion of the buffer adjacent to the wetland; and
5. If the site has an approved rural stewardship plan under K.C.C. 21A.24.055, the buffer widths shall be established under the rural stewardship plan and shall not exceed the standard for a low impact land use, unless the department determines that a larger buffer is necessary to achieve no net loss of wetland ecological function.
E. The department may approve a modification to the buffers established in subsections A. and B. of this section if the wetland was created or its characterization was upgraded as part of a voluntary enhancement or restoration project.
F. If the site is located within the shoreline jurisdiction, the department shall determine that a proposal to reduce wetland buffers under this section will result in no net loss of shoreline ecological functions.
SECTION 125. Ordinance 15051, Section 193, as amended, and K.C.C. 21A.24.358 are each hereby amended to read as follows:
A. Aquatic area buffers shall be measured as follows:
1. From the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified;
2. If the aquatic area is located within a mapped severe channel migration area, the aquatic area buffer width shall be the greater of the aquatic area buffer width as measured consistent with subsection A.1. of this section or the outer edge of the severe channel migration area; and
3. If the aquatic area buffer includes a steep slope hazard area or landslide hazard area, the aquatic area buffer width is the greater of either the aquatic area buffer in this section or the top of the hazard area.
B. Within the Urban Growth Area, aquatic area buffers shall be as follows:
1. A type S or F aquatic area buffer is one-hundred-fifteen-feet;
2. A type S or F aquatic area buffer in a basin or shoreline designated as "high" on the Basin and Shoreline Conditions Map is one-hundred-sixty-five-feet;
3. A type N aquatic area buffer is sixty-five-feet; and
4. A type O aquatic area buffer is twenty-five-feet.
C. Outside the Urban Growth Area, aquatic area buffers shall be as follows:
1. A type S or F aquatic area buffer is one-hundred-sixty-five-feet;
2. A type N aquatic area buffer is sixty-five-feet; and
3. A type O aquatic area buffer is twenty-five-feet.
D. Within the Bear Creek drainage basin a type N aquatic area buffer in a designated regionally significant resource area is one-hundred-feet.
E. The department may approve a modification of buffer widths if:
1.a. The department determines that through buffer averaging the ecological structure and function of the resulting buffer is equivalent to or greater than the structure and function before averaging and meets the following standards:
((a.)) i. ((T))the total area of the buffer is not reduced;
((b.)) ii. ((T))the buffer area is contiguous; and
((c.)) iii. ((A))averaging does not result in the reduction of the minimum buffer for the buffer area waterward of the top of the associated steep slopes or for a severe channel migration hazard area;
((2.)) b. ((T))the applicant demonstrates that the buffer cannot provide certain functions because of soils, geology or topography, ((provided that)) in which case the department shall establish a buffer ((which)) width that protects the remaining ecological functions that the buffer can provide;
((3.)) c. ((T))the site is zoned RA and is subject to an approved rural stewardship plan. In modifying the buffers, the department shall consider factors such as, the basin and shoreline condition, the location of the site within the basin and shoreline, the buffer condition and the amount of clearing;
((4. A)) d. a legally established roadway transects an aquatic area buffer, the roadway edge closest to aquatic area shall be the extent of the buffer, if the part of the buffer on the other side of the roadway provides insignificant biological or hydrological function in relation to the portion of the buffer adjacent to the aquatic area; ((and)) or
((5.)) e. ((T))the aquatic area is created or its type is changed as a result of enhancement or restoration projects that are not mitigation for a development proposal or alteration; and
2. If the site is located within the shoreline jurisdiction, that no net loss of shoreline ecological functions will result when considering projects that combine reduced buffers and habitat restoration.
SECTION 126. Ordinance 10870, Section 14, as amended, and K.C.C. 21A.02.040 are each hereby amended to read as follows:
A. No development, use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title.
B. Creation of or changes to lot lines shall conform with the use provisions, dimensional and other standards, and procedures of this title and Title 19, Subdivisions.
C. All land uses and development authorized by this title shall comply with all other regulations and or requirements of this title as well as any other applicable local, state or federal law. Where a difference exists between this title and other county regulations, the more restrictive requirements shall apply.
D. Where more than one part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply.
E. Temporary uses or activities, conducted during an emergency event, or training exercises conducted at emergency sites, designated pursuant to an emergency management plan, shall not be subject to the provisions of this title.
NEW SECTION. SECTION 127. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows:
No net loss of shoreline ecological function: the maintenance of the aggregate total of King County shoreline ecological functions over time. The no net loss standard in WAC 173-26-186 requires that the impacts of shoreline use or development, whether permitted or exempt from permit requirements, be identified and mitigated such that there are no resulting adverse impacts on ecological functions or processes.
NEW SECTION. SECTION 128. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows:
Critical saltwater habitat: all kelp beds, eelgrass beds, spawning and holding areas for forage fish, such as herring, smelt and sandlance; and subsistence, commercial and recreational shellfish beds; and mudflats, intertidal habitats with vascular plants and areas with which priority species have a primary association.
NEW SECTION. SECTION 129. A new section is hereby added to the chapter created by section 16 of this ordinance to read as follows:
A. Mitigation measures shall be applied in the following sequence of steps listed in order of priority, with subsection A.1. of this section being top priority:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
4. Reducing or eliminating the impact over time by preservation and maintenance operations;
5. Compensating for the impact by replacing, enhancing or providing substitute resources or environments; and
6. Monitoring the impact and the compensation projects and taking appropriate corrective measures.
B. In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable.
C. Mitigation shall be designed to:
1. Achieve no net loss of ecological functions for each new development;
2. Not require mitigation in excess of that necessary to assure that the development will result in no net loss of shoreline ecological functions; and
3. Not result in a significant adverse impact on other shoreline ecological functions.
D. When compensatory measures are appropriate under the mitigation priority sequence in subsection A. of this section, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. The department may approve alternative compensatory mitigation within the watershed if the mitigation addresses limiting factors or identified critical needs for shoreline resource conservation based on watershed or comprehensive resource management plans applicable to the area of impact. The department may require appropriate safeguards, terms or conditions as necessary to ensure no net loss of shoreline ecological functions as conditions of approval for compensatory mitigation measures.
SECTION 130. Ordinance 11621, Section 20, as amended, and K.C.C. 21A.06.182 are each hereby amended to read as follows:
Channel migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion and shifts in the location of stream channels((,)) as follows:
A. In areas located outside King County's shoreline jurisdiction, channel migration zones are as shown on King County's Channel Migration Zone maps. In those areas, "((C))channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area((.));
B. In areas located in King County's shoreline jurisdiction, channel migration zones include:
1. Areas shown on King County's Channel Migration Zone maps, including both the severe channel migration hazard area and the moderate channel migration hazard area; and
2. Areas not shown on King County's Channel Migration Zone maps but located within the floodplain;
C. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad((.)); and
D. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints.
NEW SECTION. SECTION 131. A new section is hereby added to the chapter created by section 16 of this ordinance to read as follows:
In the channel migration zone in the shoreline jurisdiction, to the maximum extent practical, new development shall be located and designed to avoid the need for future shoreline stabilization.
SECTION 132. K.C.C. 25.08.030, as amended by this ordinance, is recodified as a new section in the K.C.C. chapter 21A.06.
SECTION 133. Ordinance 3688, Section 202, as amended, and K.C.C. 25.08.030 are each hereby amended to read as follows:
(("Aquatic resource practices" means)) Aquaculture: the culture or farming of fin fish, shellfish, algae or other plants or animals in fresh or marine waters. ((Excluded from the definition of aquatic resource practices are)) Aquaculture does not include: related commercial or industrial uses such as wholesale or retail sales; or final processing, packing((,)) or freezing.
SECTION 134. Work program. The council hereby adopts the following work program item as part of the 2010 King County Comprehensive Plan update:
The executive shall undertake a comprehensive evaluation of parcels that have intense land use zoning but that are also shorelines that are of high ecological quality, warranting preservation or conservation. This evaluation shall include at least the Glacier Northwest properties on Maury Island (tax parcel numbers 2822030-9023, 282203-9057, 282203-9024 and 282203-9025). The evaluation of such properties and any proposed revisions to policies, codes and shoreline environment designations shall be included as part of the executive's proposed 2012 Comprehensive Plan update.
SECTION 135. K.C.C. 7.02.010 is hereby decodified.
SECTION 136. K.C.C. 23.02.020 is hereby decodified.
SECTION 137. The following are each hereby repealed:
A. Ordinance 3688, Section 101, and K.C.C. 25.04.010;
B. Ordinance 3688, Section 102, and K.C.C. 25.04.020;
C. Ordinance 11622, Section 1, and K.C.C. 25.04.025;
D. Ordinance 3688, Section 103, and K.C.C. 25.04.030;
E. Ordinance 3688, Section 106, and K.C.C. 25.04.060;
F. Ordinance 11700, Section 45, as amended, and K.C.C. 25.08.015;
G. Ordinance 3688, Section 203, and K.C.C. 25.08.040;
H. Ordinance 3688, Section 204, and K.C.C. 25.08.050;
I. Ordinance 3688, Section 205, and K.C.C. 25.08.060;
J. Ordinance 3688, Section 206, and K.C.C. 25.08.070;
K. Ordinance 3688, Section 207, and K.C.C. 25.08.080;
L. Ordinance 3688, Section 210, and K.C.C. 25.08.110;
M. Ordinance 3688, Section 211, and K.C.C. 25.08.120;
N. Ordinance 3688, Section 212, and K.C.C. 25.08.130;
O. Ordinance 3688, Section 213, and K.C.C. 25.08.140;
P. Ordinance 3688, Section 214, as amended, and K.C.C. 25.08.150;
Q. Ordinance 3688, Section 215, and K.C.C. K.C.C. 25.08.160;
R. Ordinance 3688, Section 216, and K.C.C. 25.08.170;
S. Ordinance 3688, Section 217, and K.C.C. 25.08.180;
T. Ordinance 5734, Section 1, and K.C.C. 25.08.185;
U. Ordinance 3688, Section 219, and K.C.C. 25.08.200;
V. Ordinance 3688, Section 221, and K.C.C. 25.08.220;
W. Ordinance 3688, Section 223, and K.C.C. 25.08.240;
X. Ordinance 3688, Section 225, and K.C.C. 25.08.260;
Y. Ordinance 3688, Section 226, and K.C.C. 25.08.270;
Z. Ordinance 3688, Section 227, and K.C.C. 25.08.280;
AA. Ordinance 5734, Section 1, and K.C.C. 25.08.285;
BB. Ordinance 4222, Section 2, and K.C.C. 25.08.300;
CC. Ordinance 3688, Section 229, and K.C.C. 25.08.310;
DD. Ordinance 3688, Section 230, and K.C.C. 25.08.320;
EE. Ordinance 3688, Section 231, and K.C.C. 25.08.330;
FF. Ordinance 3688, Section 232, and K.C.C. 25.08.340;
GG. Ordinance 3688, Section 233, and K.C.C. 25.08.350;
HH. Ordinance 3688, Section 235, and K.C.C. 25.08.360;
II. Ordinance 3688, Section 236, and K.C.C. 25.08.380;
JJ. Ordinance 3688, Section 238, and K.C.C. 25.08.390;
KK. Ordinance 3688, Section 239, and K.C.C. 25.08.410;
LL. Ordinance 3688, Section 240, and K.C.C. 25.08.420;
MM. Ordinance 3688, Section 241, and K.C.C. 25.08.430;
NN. Ordinance 3688, Section 242, and K.C.C. 25.08.440;
OO. Ordinance 3688, Section 243, and K.C.C. 25.08.450;
PP. Ordinance 3688, Section 252, and K.C.C. 25.08.500;
QQ. Ordinance 3688, Section 250, and K.C.C. 25.08.520.
RR. Ordinance 3688, Section 244, and K.C.C. 25.08.530;
SS. Ordinance 3688, Section 245, and K.C.C. 25.08.540;
TT. Ordinance 3688, Section 253, and K.C.C. 25.08.550;
UU. Ordinance 3688, Section 254, and K.C.C. 25.08.560;
VV. Ordinance 5734, Section 1, and K.C.C. 25.08.565;
WW. Ordinance 3688, Section 256, and K.C.C. 25.08.580;
XX. Ordinance 12750, Section 1, and K.C.C. 25.08.604;
YY. Ordinance 3688, Section 259, and K.C.C. 25.08.610;
ZZ. Ordinance 3688, Section 301, and K.C.C. 25.12.010;
AAA. Ordinance 3688, Section 304, and K.C.C. 25.12.040;
BBB. Ordinance 3688, Section 401, and K.C.C. 25.16.010;
CCC. Ordinance 3688, Section 402, and K.C.C. 25.16.020;
DDD. Ordinance 3688, Section 403, as amended, and K.C.C. 25.16.030;
EEE. Ordinance 3688, Section 404, as amended, and K.C.C. 25.16.040;
FFF. Ordinance 3688, Section 405, as amended, and K.C.C. 25.16.050;
GGG. Ordinance 3688, Section 406, and K.C.C. 25.16.060;
HHH. Ordinance 3688, Section 407, and K.C.C. 25.16.070;
III. Ordinance 3688, Section 409(1), as amended, and K.C.C. 25.16.090;
JJJ. Ordinance 3688, Section 409(2), as amended, and K.C.C. 25.16.100;
KKK. Ordinance 3688, Section 409(3), and K.C.C. 25.16.110;
LLL. Ordinance 3688, Section 409(5), and K.C.C. 25.16.130;
MMM. Ordinance 3688, Section 409(6), as amended, and K.C.C. 25.16.140;
NNN. Ordinance 3688, Section 412, and K.C.C. 25.16.170;
OOO. Ordinance 3688, Section 501, and K.C.C. 25.20.010;
PPP. Ordinance 3688, Section 502, and K.C.C. 25.20.020;
QQQ. Ordinance 3688, Section 503, as amended, and K.C.C. 25.20.030;
RRR. Ordinance 3688, Section 504, and K.C.C. 25.20.040;
SSS. Ordinance 3688, Section 505, and K.C.C. 25.20.050;
TTT. Ordinance 3688, Section 507, and K.C.C. 25.20.070;
UUU. Ordinance 3688, Section 508, and K.C.C. 25.20.080;
VVV. Ordinance 3688, Section 509, as amended, and K.C.C. 25.20.090;
WWW. Ordinance 3688, Section 510, as amended, and K.C.C. 25.20.100;
XXX. Ordinance 3688, Section 511, and K.C.C. 25.20.110;
YYY. Ordinance 3688, Section 512, and K.C.C. 25.20.120;
ZZZ. Ordinance 3688, Section 513, and K.C.C. 25.20.130;
AAAA. Ordinance 3688, Section 514, as amended, and K.C.C. 25.20.140;
BBBB. Ordinance 3688, Section 515, and K.C.C. 25.20.150;
CCCC. Ordinance 3688, Section 601, and K.C.C. 25.24.010;
DDDD. Ordinance 3688, Section 602, and K.C.C. 25.24.020;
EEEE. Ordinance 3688, Section 603, as amended, and K.C.C. 25.24.030;
FFFF. Ordinance 3688, Section 604, and K.C.C. 25.24.040;
GGGG. Ordinance 3688, Section 605, and K.C.C. 25.24.050;
HHHH. Ordinance 3688, Section 606, and K.C.C. 25.24.060;
IIII. Ordinance 3688, Section 607, and K.C.C. 25.24.070;
JJJJ. Ordinance 3688, Section 608, as amended, and K.C.C. 25.24.080;
KKKK. Ordinance 3688, Section 609, as amended, and K.C.C. 25.24.090;
LLLL. Ordinance 3688, Section 610, as amended, and K.C.C. 25.24.100;
MMMM. Ordinance 3688, Section 611, and K.C.C. 25.24.110;
NNNN. Ordinance 3688, Section 612, and K.C.C. 25.24.120;
OOOO. Ordinance 3688, Section 613, as amended, and K.C.C. 25.24.130;
PPPP. Ordinance 3688, Section 614, as amended, and K.C.C. 25.24.140;
QQQQ. Ordinance 3688, Section 615, and K.C.C. 25.24.150;
RRRR. Ordinance 3688, Section 701, and K.C.C. 25.28.010;
SSSS. Ordinance 3688, Section 702, and K.C.C. 25.28.020;
TTTT. Ordinance 3688, Section 703, as amended, and K.C.C. 25.28.030;
UUUU. Ordinance 3688, Section 704, and K.C.C. 25.28.040;
VVVV. Ordinance 3688, Section 703, as amended, and K.C.C. 25.28.050;
WWWW. Ordinance 3688, Section 706, and K.C.C. 25.28.060;
XXXX. Ordinance 3688, Section 707, and K.C.C. 25.28.070;
YYYY. Ordinance 3688, Section 708, as amended, and K.C.C. 25.28.080;
ZZZZ. Ordinance 3688, Section 709, as amended, and K.C.C. 25.28.090;
AAAAA. Ordinance 3688, Section 710, as amended, and K.C.C. 25.28.100;
BBBBB. Ordinance 3688, Section 711, and K.C.C. 25.28.110;
CCCCC. Ordinance 3688, Section 712, and K.C.C. 25.28.120;
DDDDD. Ordinance 3688, Section 713, and K.C.C. 25.28.130;
EEEEE. Ordinance 3688, Section 714, as amended, and K.C.C. 25.28.140;
FFFFF. Ordinance 3688, Section 715, and K.C.C. 25.28.150;
GGGGG. Ordinance 3688, Section 808, as amended, and K.C.C. 25.32.080;
HHHHH. Ordinance 3688, Section 809, as amended, and K.C.C. 25.32.090;
IIIII. Ordinance 3688, Section 811, and K.C.C. 25.32.110;
JJJJJ. Ordinance 3688, Section 812, and K.C.C. 25.32.120;
KKKKK. Ordinance 13687, Section 5, and K.C.C. 25.32.160; and
LLLLL. Ordinance 13687, Section 6, and K.C.C. 25.32.170.
SECTION 138. In accordance with K.C.C. 20.44.080, the metropolitan King County council finds that the requirements for environmental analysis, protections and mitigation measures in the chapters of K.C.C. Title 21A amended by this ordinance, provide adequate analysis of and mitigation for the specific adverse environmental impacts to which the requirements apply.
SECTION 139. If any provision of this ordinance or its application to any person
or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.