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HomeMy WebLinkAbout02-19-2015 Planning Commission Meeting Packet - Supplement, Shoreline Master Program DraftCITY OF PASCO 1 SHORELINE MASTER PROGRAM 2 3 Prepared for 4 City of Pasco 5 6 Prepared by Prepared with assistance from Anchor QEA, LLC 8033 West Grandridge Avenue, Suite A Kennewick, Washington 99336 Oneza & Associates 1508 44th Ave SW, Unit B Seattle, Washington 98116 7 Funded through a grant from the Washington State Department of Ecology 8 January 2015 9 January 2015 TABLE OF CONTENTS 1 SECTION I: Shoreline Goals and Policies (RCW 90.58.100) ...................................................... 1 2 1 Introduction ................................................................................................................... 1 3 2 Relationship Between Growth Management Act and Shoreline Management Act .. 1 4 3 Profile of the Shoreline Jurisdiction within the City of Pasco.................................... 2 5 3.1 Shoreline Jurisdiction Rivers ..................................................................... 2 6 3.2 Shorelines of Statewide Significance ........................................................ 2 7 4 Development of Goals and Policies .............................................................................. 2 8 4.1 Economic Development Element ............................................................. 3 9 4.2 Public Access and Recreation Element .................................................... 4 10 4.3 Circulation Element ................................................................................... 6 11 4.4 Shoreline Uses and Modifications Element .............................................. 7 12 4.5 Conservation Element ............................................................................. 16 13 4.6 Historic, Cultural, Scientific, and Educational Resources Element ...... 18 14 4.7 Flood Hazard Management Element ...................................................... 19 15 4.8 Private Property Right ............................................................................ 19 16 SECTION II: Shoreline Regulations ........................................................................................... 21 17 Article I. Authority and Purpose .................................................................................... 21 18 29.01.010 Authority ............................................................................................ 21 19 29.01.020 Applicability ....................................................................................... 21 20 29.01.030 Purpose ............................................................................................... 21 21 29.01.040 Relationship to Other Codes, Ordinances, and Plans ...................... 22 22 29.01.050 Liberal Construction .......................................................................... 23 23 29.01.060 Severability......................................................................................... 23 24 29.01.070 Effective Date ..................................................................................... 23 25 Article II. Environment Designation .............................................................................. 24 26 29.01.100 Environment Designations ................................................................ 24 27 29.01.110 Aquatic ............................................................................................... 25 28 29.01.120 Natural ................................................................................................ 26 29 29.01.130 Urban Conservancy ........................................................................... 28 30 29.01.140 Public Flood Protection ..................................................................... 29 31 29.01.150 Recreation .......................................................................................... 30 32 29.01.160 High Intensity .................................................................................... 32 33 29.01.170 Shoreline Residential ......................................................................... 33 34 Article III. General Regulations ...................................................................................... 35 35 29.01.200 Shoreline Use and Modification ....................................................... 35 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates i January 2015 29.01.210 Development Standards ..................................................................... 39 1 29.01.220 Archaeological and Historic Resources ............................................ 40 2 29.01.230 Environmental Protection................................................................. 40 3 29.01.240 Shoreline Vegetation Conservation .................................................. 41 4 29.01.250 Water Quality, Stormwater, and Nonpoint Pollution ..................... 42 5 29.01.260 Public Access ...................................................................................... 43 6 29.01.270 Flood Hazard Reduction .................................................................... 48 7 Article IV. Shoreline Modifications and Use Regulations ............................................. 50 8 29.01.300 Agriculture ......................................................................................... 50 9 29.01.320 Boating Facilities ................................................................................ 51 10 29.01.330 Breakwater, Jetties, Groins, and Weirs............................................. 54 11 29.01.340 Commercial Development ................................................................ 55 12 29.01.350 Dredging and Dredge Material Disposal .......................................... 57 13 29.01.360 Fill and Excavation ............................................................................ 60 14 29.01.370 Industrial Development .................................................................... 62 15 29.01.380 In-stream Structures .......................................................................... 63 16 29.01.390 Mining ................................................................................................ 64 17 29.01.400 Piers and Docks .................................................................................. 65 18 29.01.410 Recreational Development ................................................................ 72 19 29.01.420 Residential Development .................................................................. 74 20 29.01.430 Shoreline Habitat and Natural Systems Enhancement Projects ..... 75 21 29.01.440 Shoreline Stabilization....................................................................... 76 22 29.01.450 Transportation: Trails, Roads, and Parking ...................................... 78 23 29.01.460 Utilities ............................................................................................... 80 24 Article V. Critical Areas .................................................................................................. 84 25 29.01.500 Critical Areas...................................................................................... 85 26 29.01.510 General Provisions ............................................................................. 87 27 29.01.520 Wetlands ............................................................................................ 98 28 29.01.530 Fish and Wildlife Habitat ................................................................ 109 29 29.01.540 Aquifer Recharge Areas ................................................................... 119 30 29.01.550 Flood Hazard Areas ......................................................................... 124 31 29.01.560 Geologic Hazard Areas .................................................................... 125 32 Article VI. Existing Uses, Structures, and Lots ............................................................ 134 33 29.01.600 Applicability ..................................................................................... 134 34 29.01.610 Nonconforming Uses ....................................................................... 134 35 29.01.620 Nonconforming Structures .............................................................. 135 36 Article VII. Administration and Enforcements ........................................................... 138 37 29.01.700 Roles and Responsibilities ............................................................... 138 38 29.01.710 Interpretation ................................................................................... 139 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates ii January 2015 29.01.720 Statutory Noticing Requirements ................................................... 139 1 29.01.730 Application Requirements .............................................................. 140 2 29.01.740 Shoreline Substantial Development Permits .................................. 140 3 29.01.750 Shoreline Conditional Use Permits................................................. 141 4 29.01.760 Shoreline Variance Permits ............................................................ 142 5 29.01.770 Exemptions from Shoreline Substantial Development Permits .... 143 6 29.01.780 Duration of Permits 7 (Discuss with City –different timeframe can be used) .................. 149 8 29.01.790 Initiation of Development ............................................................... 149 9 29.01.800 Review Process ................................................................................ 150 10 29.01.810 Appeals ............................................................................................. 150 11 29.01.820 Amendments to Permits .................................................................. 151 12 29.01.830 Enforcement ..................................................................................... 151 13 29.01.840 Cumulative Effects of Shoreline Developments ............................ 152 14 29.01.850 Amendments to Shoreline Master Program ................................... 152 15 29.01.860 Definitions ........................................................................................ 152 16 29.01.870 Shoreline Environment Designation Maps or Official 17 Shoreline Map .................................................................................. 173 18 19 List of Tables 20 Table 1. Shoreline Jurisdiction Rivers .......................................................................................... 2 21 Table 29.01.200 (2). Shoreline Use and Modification Matrix for City of Pasco ....................... 36 22 Table 29.01.210 (2) Shoreline Development Standards Matrix for City of Pasco ................ 40 23 Table 29.01.520 (8)(a): Wetland Buffer Width Requirements ................................................ 101 24 Table 29.01.520 (8)(b): Land Use Intensity Table .................................................................... 104 25 Table 29.01.520 (13). Wetland Mitigation Ratios (for Eastern Washington) ......................... 109 26 Table 29.01.530 (3): Classification by Fish and Wildlife Areas ............................................... 111 27 Table 29.01.540 (2)(a): Designation of Aquifer Recharge Areas ............................................. 120 28 Table 29.01.560 (3)(a): Criteria for Classification of Geologic Hazard Areas ......................... 126 29 Table 29.01.560 (4) Rating of Geologic Hazard Risk ............................................................... 127 30 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates iii January 2015 LIST OF ACRONYMS AND ABBREVIATIONS 1 ADA Americans with Disabilities Act BMP best management practice CFR Code of Federal Regulations City City of Pasco County Franklin County CPTED Crime Prevention through Environmental Design CWA Clean Water Act Ecology Washington State Department of Ecology FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map GMA Growth Management Act Guidelines SMA Guidelines (Chapter 173-26 WAC) HPA hydraulic project approval JARPA Joint Aquatic Resource Permits Application NOAA National Oceanic and Atmospheric Administration NRCS U. S. Department of Agriculture, Natural Resource Conservation Service OHWM ordinary high water mark PMC Pasco Municipal Code RCW Revised Code of Washington SEPA State Environmental Policy Act SHB Shorelines Hearings Board SMA Washington State Shoreline Management Act SMP Shoreline Master Program SR subreach SSWS shorelines of statewide significance UGA urban growth area USACE U.S. Army Corps of Engineers USEPA U.S. Environmental Protection Agency City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates iv January 2015 USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey WA DOH Washington State Department of Health WAC Washington Administrative Code WDFW Washington State Department of Fish & Wildlife WDNR Washington State Department of Natural Resources City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates v January 2015 SECTION I: Shoreline Goals and Policies (RCW 90.58.100) 1 1 Introduction 2 The City of Pasco, through an updated Shoreline Master Program (SMP), intends to implement 3 the requirements of the Washington State Shoreline Management Act (SMA) Revised Code of 4 Washington (RCW 90.58), the state SMA Guidelines (Chapter 173-26 Washington 5 Administrative Code [WAC]) (Guidelines), and the Shoreline Management Permit and 6 Enforcement Procedures (WAC 173-27). 7 The SMA was enacted in 1971 to provide for the management and protection of shorelines of the 8 state by regulating development in the shoreline area. The goal of the SMA is, “to prevent the 9 inherent harm in an uncoordinated and piecemeal development of the state's shorelines” (RCW 10 90.58.020). The SMA requires cities and counties to adopt an SMP to regulate shoreline 11 development and accommodate “all reasonable and appropriate uses” consistent with “protection 12 against adverse effects to the public health, the land and its vegetation and wildlife, and the 13 waters of the state and their aquatic life…and public rights of navigation.” The City of Pasco did 14 not have its own SMP prior to this update. The City had adopted by reference and implemented 15 Franklin County’s SMP, which had been approved in 1974. 16 Washington State Department of Ecology (Ecology) approved the updated SMA Guidelines in 17 2003. The SMA and implementing SMP Guidelines require all towns, cities, and counties across 18 the state to comprehensively update their SMPs. The guidelines provide new requirements for 19 environmental protections, including meeting no net loss of ecological functions, providing 20 public access, accounting for advancements in science and shoreline management practices, and 21 establishing a clear relationship between the SMA and the Growth Management Act (GMA). 22 This SMP for the City of Pasco provides goals, policies, and regulations for the development of 23 Pasco shorelines consistent with the SMA and guidelines. 24 2 Relationship Between Growth Management Act and Shoreline 25 Management Act 26 An SMP contains goals, policies, regulations, and environment designation maps that guide 27 shoreline development in accordance with state requirements. Pasco's SMP is integrated with the 28 City's land use regulation system. Consistent with RCW 36.70A.480, the goals and policies 29 contained in this SMP shall be considered an element of the City's Comprehensive Growth 30 Management Plan (Comprehensive Plan) required by the GMA. All other portions of this SMP, 31 including the use regulations, are considered a part of the City's development regulations 32 required by the GMA. 33 The Inventory, Analysis, and Characterization Report; Restoration Plan; Cumulative Impacts 34 Analysis Report (which includes the “no net loss of shoreline ecological functions” analysis 35 findings); and Public Participation Plan are supporting documents and are not adopted as part of 36 this SMP or the City's Comprehensive Plan. 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 1 January 2015 The Inventory, Analysis, and Characterization Report establishes the baseline against which the 1 standard “no net loss of shoreline ecological functions” is measured. The Restoration Plan 2 identifies and prioritizes shoreline restoration opportunities that may be undertaken 3 independently or in conjunction with mitigation for development impacts to improve shoreline 4 ecological functions over time. 5 3 Profile of the Shoreline Jurisdiction within the City of Pasco 6 The Washington State SMA defines the Shoreline of the State as, “all ‘shorelines’ and 7 ‘shorelines of statewide (SSWS)’ within the state” (RCW 90.58.030). The shoreline includes 8 floodways, land within 200 feet of the ordinary high water mark (OHWM) of the waterways, 9 floodplains up to 200 feet from the floodway edge, and associated wetlands. 10 3.1 Shoreline Jurisdiction Rivers 11 Pasco’s SMP encompasses shoreline along the Columbia River and Snake River. The City’s 12 shoreline waterbodies are listed in Table 1. Both the Columbia River and Snake River are 13 considered SSWS. See Section 3.2 for discussion on SSWS. 14 Table 1. Shoreline Jurisdiction Rivers 15 Stream Name Shoreline of Statewide Significance Total Length Proposed Shoreline Columbia River Yes 14.4 miles Snake River Yes 2.8 miles 16 3.2 Shorelines of Statewide Significance 17 The entire shoreline jurisdiction in the City that includes the Columbia and Snake rivers are 18 considered SSWS, as listed in Table 1. The SMA designates certain shoreline areas as SSWS, 19 which are defined as “natural rivers or segments thereof” that have a mean annual flow of 20 200 cubic feet per second or more (or for streams east of the crest of the Cascades [RCW 21 90.58.030], the portion downstream from the first 300 square miles of drainage area) and lakes, 22 whether natural, artificial, or a combination thereof, of 1,000 acres or greater in surface area. The 23 Columbia and Snake rivers are SSWS based on the flow and upstream drainage criteria. 24 The SSWS protection and management goals are described in the Development of Goals and 25 Policies – Shoreline Uses and Modifications Element section. 26 4 Development of Goals and Policies 27 Goals express broad value statements that reflect the City’s vision of its shorelines. Goals also 28 provide a framework upon which the more detailed SMP shoreline use environments, policies, 29 regulations, and administrative procedures are based in subsequent chapters. Policies are more 30 detailed statements reflecting the City’s goals and visions for its shorelines. Policies provide 31 detail to the associated goals and act as a bridge between the goals and implementing regulations. 32 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 2 January 2015 The SMP goals and policies are categorized according to the SMP elements mandated in the 1 SMA. The general goal and policy statements found within each SMP element provide the policy 2 basis for the City’s SMP administration. 3 4.1 Economic Development Element 4 (1) Goals: 5 (a) Goal A: Support water-oriented uses to maximize the positive economic 6 impact of tourism and recreational development. 7 (b) Goal B: Promote economic growth that conserves natural resources and 8 open spaces and maintains the environmental quality. 9 (c) Goal C: Maintain existing development and secure additional commercial 10 and industrial facilities and infrastructure necessary for existing and future 11 development in shoreline areas where it is most feasible, while 12 maintaining environmental quality. 13 (2) Policies: 14 (a) Ensure healthy, orderly economic growth by providing for those economic 15 activities that will be an asset to the local economy and for which the 16 adverse effects on the quality of the shoreline and surrounding 17 environment can be mitigated. Ensure any economic activity taking place 18 along the shoreline operates without causing irreparable harm to the site’s 19 environment or adjacent shoreline areas. 20 (b) Maintain and protect existing water-dependent and water-related 21 industries that support the City’s economy. Provide opportunities for 22 future expansions of such industries. 23 (c) Allow diversion of water for agricultural, commercial, and industrial 24 purposes consistent with the State’s water rights laws. 25 (d) Promote tourism and develop and maintain, as an economic asset, the 26 recreation and tourism industry along shorelines in a manner that will 27 enhance public enjoyment. 28 (e) Work with the Port of Pasco, Franklin County, and other agencies to 29 ensure sustainable economic growth along the shoreline. Encourage 30 cooperative use of existing port facilities, including docks and piers, where 31 feasible and when they do not negatively affect the public safety. 32 (f) Give preference to economic activities in undeveloped areas, which either 33 leave natural or existing shoreline features such as trees, shrubs, grasses, 34 and wildlife habitat, unmodified, or modify them in a way that enhances 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 3 January 2015 human awareness and appreciation of the shoreline and other natural and 1 non-natural surroundings. 2 (g) Encourage new water-dependent, water-related, and water-enjoyment 3 economic development in priority order. 4 (h) Where possible, encourage development that incorporates low-impact 5 development techniques into new projects and integrates architectural and 6 landscape elements that recognize the river environment. 7 (i) Require non-water-oriented commercial or recreational development to 8 provide for ecological restoration and public access as appropriate. 9 (j) Ensure new industrial and commercial uses will not result in a net loss of 10 shoreline ecological functions or have significant adverse impacts on 11 navigation, recreation, and public access. 12 4.2 Public Access and Recreation Element 13 (1) Goals: 14 (a) Goal A: Promote, protect, and enhance physical and visual public access 15 along the shoreline of the Columbia and Snake rivers. Increase the amount 16 and diversity of public access along the shoreline consistent with private 17 property rights, public safety, and the natural shoreline character. 18 (b) Goal B: Maintain and enhance the existing public access system according 19 to the City’s Public Access Plan (Rivershore Linkage and Amenity Plan 20 approved by the City in 2012), building upon the City’s many types of 21 shoreline public access with new public access opportunities where 22 appropriate. 23 (c) Goal C: Provide physical and visual public access as feasible and when 24 new development creates demand for public access. 25 (d) Goal D: Ensure diverse, convenient, and adequate water-oriented 26 recreational opportunities along the shoreline for the public. 27 (e) Goal F: Give water-oriented shoreline recreational development priority 28 within shoreline jurisdiction. 29 (2) Policies: 30 (a) Protect and enhance visual and physical access to shoreline, especially on 31 public properties. Provide visual access, such as viewpoints or view 32 corridors, in areas with limited physical access due to a steep slope or the 33 sensitive nature of the shoreline whenever possible. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 4 January 2015 (b) Ensure new developments, uses, and activities on or near the shoreline do 1 not impair or detract from the public’s access to the water. Where 2 practicable, public access to the shoreline should be enhanced. 3 (c) Design public access that minimizes potential impacts to private property 4 and individual privacy. 5 (d) Locate, design, manage, and maintain public access and recreation 6 facilities in a manner that protects shoreline ecological functions and 7 processes and the public’s health and safety. 8 (e) Identify opportunities for public access on publicly owned shorelines and 9 according to the City’s Public Access Plan. Encourage federal, state, and 10 local governments to provide public access and recreational uses on 11 existing shoreline properties according to their management policies such 12 as existing state parks, trails and U.S. Army Corps of Engineers (USACE) 13 lands along the Columbia River. 14 (f) Preserve, maintain, and enhance public access afforded by shoreline street 15 ends, public utilities, and rights-of-way. 16 (g) Provide physical and visual public access in the shoreline jurisdiction in 17 association with the following uses when feasible: residential 18 developments with five or more dwellings; commercial development; and 19 public agency recreational development. 20 (h) Provide public access and interpretive displays as part of publicly funded 21 restoration projects where significant ecological impacts are addressed. 22 (i) Allow for passive and active shoreline recreation that emphasizes location 23 along shorelines in association with the state, county and other public 24 agency parks, recreation, wildlife habitat, and open-space plans. 25 (j) Encourage a variety of compatible recreational experiences and activities 26 to satisfy the C ity’s diverse recreational needs such as parks, boat lunches, 27 docks, trail, and viewing platforms. 28 (k) Give water-dependent recreation priority water-enjoyment recreation uses. 29 Give water-enjoyment recreational uses priority over non-water-oriented 30 recreational uses. 31 (l) Integrate and link water-oriented recreational facilities with other 32 amenities along the shoreline, such as walking trails, bicycle paths, 33 easements, and scenic drives when feasible. For example, encourage 34 connection between the Sacajawea Heritage Trail and the Columbia 35 Plateau Trail in Franklin County. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 5 January 2015 (m) Promote non-intensive recreational uses that avoid adverse effects to the 1 natural environment, do not contribute to flood hazards, and avoid damage 2 to the shoreline environment through modifications such as structural 3 shoreline stabilization or native vegetation removal. 4 4.3 Circulation Element 5 (1) Goals: 6 (a) Goal A: Develop safe, convenient, and diversified circulation systems to 7 ensure efficient movement of people, goods, and services, with minimal 8 adverse impacts on the shoreline environment. 9 (2) Policies: 10 (a) Provide safe, reasonable, and adequate circulation systems to shorelines 11 where routes will minimize adverse effects on unique or fragile shoreline 12 features and existing ecological systems, while contributing to the 13 functional and visual enhancement of the shoreline. 14 (b) Within the shoreline jurisdiction, locate land circulation systems that are 15 not shoreline-oriented and as far from the land-water interface as 16 practicable to reduce interference with either natural shoreline resources or 17 other appropriate shoreline uses. 18 (c) Allow for maintenance and improvements to existing roads and parking 19 areas. Allow for necessary new roads and parking areas when other 20 locations outside of shoreline jurisdiction are not feasible. 21 (d) Plan and develop a circulation network, which is compatible with the 22 shoreline environment and respects and protects ecological and aesthetic 23 values in the shoreline of the state, as well as private property rights. 24 (e) In the circulation network, plan for pedestrian, bicycle, and public 25 transportation where appropriate. Circulation planning and projects should 26 support existing and proposed shoreline uses that are consistent with the 27 SMP. 28 (f) Promote existing transportation corridors for reuse for water-dependent 29 uses or public access when they are abandoned. 30 (g) Encourage relocation or improvement of those circulation elements that 31 are functionally or aesthetically disruptive to the shoreline, public 32 waterfront access, and ecological functions. 33 (h) Plan parking areas to achieve optimum use. Where possible, parking 34 should serve more than one use (e.g., serving recreational use on 35 weekends and commercial use on weekdays). 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 6 January 2015 (i) Encourage low-impact parking facilities such as those with gravels or 1 permeable pavements and bio-swales. 2 (j) Encourage trail and bicycle paths along shorelines in a manner compatible 3 with the natural character, resources, and ecology of the shoreline. 4 (k) Encourage the linkage of shoreline parks, recreation areas, and public 5 access points with linear systems, such as hiking and bicycle paths, 6 easements, and scenic drives. 7 4.4 Shoreline Uses and Modifications Element 8 (1) Goals: 9 (a) Goal A: Encourage shoreline development and uses that recognize the 10 City’s natural and cultural values and its unique aesthetic qualities offered 11 by its variety of shoreline environments, including, but not limited to, 12 reservoir-bounded river segments, flood protection levees, recreational 13 and industrial developments, riverine wetlands, open views, and plentiful 14 formal and informal public access. 15 (b) Goal B: The City recognizes and protects the functions and values of the 16 shoreline environments of statewide and local significance. For SSWS, 17 protection and management priorities are to: 18 (i) Recognize and protect statewide interest over local interest; 19 (ii) Preserve the natural character of the shoreline; 20 (iii) Provide long-term over short-term benefits; 21 (iv) Protect the resources and ecology of shoreline; 22 (v) Increase public access to publicly owned areas of shoreline; and 23 (vi) Increase recreational opportunities for the public in shoreline areas. 24 (2) General Policies: 25 (a) Maintain areas within the shoreline jurisdiction with unique attributes for 26 specific long-term uses, including commercial, industrial, residential, 27 recreational, and open-space uses. 28 (b) Ensure proposed shoreline uses are distributed, located, and developed in a 29 manner that will maintain or improve the health, safety, and welfare of the 30 public when such uses occupy shoreline areas. 31 (c) Ensure activities and facilities are located on the shoreline in such a 32 manner as to retain or improve the quality of the environment. 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 7 January 2015 (d) Ensure proposed shoreline uses do not infringe upon the rights of others, 1 upon the rights of private ownership, upon the rights of the public under 2 the Public Trust Doctrine or federal navigational servitude, and treaty 3 rights of Native American tribes. 4 (e) Minimize the adverse impacts of shoreline uses and activities on the 5 environment during all phases of development (e.g., design, construction, 6 management, and use). 7 (3) Shoreline Environment Designation Policies: 8 (a) Provide a comprehensive shoreline environment designation system to 9 categorize the City’s shoreline into environments based on the primary 10 characteristics of shoreline areas to guide the use and management of 11 these areas and to preserve wildlife habitat area, natural resources, and 12 public agency operations. 13 (b) Designate properties as Natural in order to protect and restore those 14 shoreline areas that are relatively free of human influence or that include 15 intact or minimally degraded shoreline functions that are sensitive to 16 potential impacts from human use. 17 (c) Designate properties Urban Conservancy to protect and restore ecological 18 functions of open space, floodplain, and other sensitive lands, while 19 accommodating low-intensity uses. 20 (d) Assign appropriate designations to accommodate recreational uses. Ensure 21 intense recreational uses, such as boat launches and parks, do not conflict 22 with the sensitive nature of the shoreline (e.g., habitat management units) 23 where low impact recreational uses are more appropriate. 24 (e) Assign appropriate designation for flood protection areas maintained by 25 public agencies, while allowing low-intensity recreational uses such as 26 trail and viewpoints. 27 (f) Assign properties as High Intensity to support industrial, commercial, 28 irrigation supply, transportation, and navigation activities while 29 maintaining the ecological functions. Ensure public services, such as 30 irrigation and navigation uses, are separately addressed from the industrial 31 uses. 32 (g) Designate properties as Shoreline Residential to accommodate higher 33 density residential development and recognize existing and proposed land 34 uses. This designation is appropriate for residential uses on lands with 35 zoning classifications for detached and attached residences. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 8 January 2015 (4) Agriculture Policies: 1 (a) This SMP recognizes the importance of agriculture to the City’s economy 2 and also as it exists in the City limits and urban growth areas (UGAs). 3 Allow for ongoing agricultural activities, while also maintaining shoreline 4 ecological functions and processes. 5 (b) Conduct new agricultural development in a manner that ensures no net 6 loss of shoreline ecological functions and processes. 7 (c) Maintain a vegetative buffer between agricultural lands and waterbodies 8 or wetlands. 9 (d) Conversion of agricultural lands to other uses should comply with all 10 policies and regulations for non-agricultural uses. 11 (5) Boating Facilities Policies: 12 (a) Locate and design boating facilities so their structures and operations will 13 be compatible with the area affected such as environmental conditions, 14 shoreline configuration, access, and neighboring upland and aquatic uses. 15 (b) Require restoration activities when substantial improvements or repair to 16 existing boating facilities is planned. 17 (c) Boating facilities that minimize the amount of shoreline modification are 18 preferred. 19 (d) Boating facilities should provide physical and visual public shoreline 20 access and provide for multiple uses, including water-related use, to the 21 extent compatible with shoreline ecological functions and processes and 22 adjacent shoreline use. 23 (e) Boating facilities should be located and designed to avoid adverse effects 24 on riverine and nearshore processes, such as erosion, littoral or riparian 25 transport, and accretion, and should, where feasible, enhance degraded, 26 scarce, and/or valuable shore features including accretion shoreforms. 27 (f) Location and design of boating facilities should not unduly obstruct 28 navigable waters and should avoid adverse effects to recreational 29 opportunities such as fishing, pleasure boating, swimming, beach walking, 30 picnicking, and shoreline viewing. 31 (6) Breakwaters, Jetties, Groins, and Weirs Policies: 32 (a) To the extent feasible, limit the use of breakwaters, jetties, groins, weirs, 33 or other similar structures to those projects providing ecological 34 restoration or other public benefits. These structures should avoid or 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 9 January 2015 minimize significant ecological impacts. Impacts that cannot be avoided 1 should be mitigated. 2 (7) Dredging and Dredge Material Disposal Policies: 3 (a) Dredging and dredge material disposal should avoid and minimize 4 significant ecological impacts. Impacts that cannot be avoided should be 5 mitigated. 6 (b) Design and locate new shoreline development to minimize the need for 7 dredging. 8 (c) Limit dredging and dredge material disposal to the minimum necessary to 9 allow for shoreline restoration, flood hazard reduction, and maintenance of 10 existing legal moorage and navigation, and to support existing industrial 11 areas. Except for industrial development, dredging to provide for new 12 navigation uses is discouraged. 13 (d) Ensure dredging operations are planned and conducted in a manner that 14 will minimize interference with navigation and lessen adverse impacts to 15 other shoreline uses. 16 (8) Fill Policies: 17 (a) Limit fill waterward of the OHWM to support ecological restoration or to 18 facilitate water-dependent or public access uses. 19 (b) Allow fill consistent with floodplain regulations upland of the OHWM, 20 provided it is located, designed, and constructed to protect shoreline 21 ecological functions and ecosystem-wide processes, including channel 22 migration, and is the minimum necessary to implement an approved 23 project. 24 (9) In-stream Structures Policies: 25 (a) Locate, plan, and permit in-stream structures only when consistent with 26 the full range of public interests, ecological functions and processes, and 27 environmental concerns, with special emphasis on protecting and restoring 28 priority habitats and species. 29 (10) Mining Policies: 30 (a) Locate mining facilities outside shoreline jurisdiction whenever feasible. 31 (b) Do not allow mining in any location waterward of the OHWM. 32 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 10 January 2015 (c) Design and locate mining facilities and associated activities to prevent loss 1 of ecological function. Give preference to mining uses that result in the 2 creation, restoration, or enhancement of habitat for priority species. 3 (d) Protect waterbodies from sources of pollution, including, but not limited 4 to, sedimentation and siltation, chemical and petrochemical use, and 5 spillage and storage/disposal of mining wastes and spoils. 6 (e) Mining operations should be located, designed, and managed so that other 7 appropriate uses are not subjected to substantial or unnecessary adverse 8 impacts from noise, dust, or other effects of the operation. The operator 9 may be required to implement measures, such as buffers, limited hours, or 10 other mitigating measures, for the purpose of minimizing adverse 11 proximity impacts. 12 (11) Pier and Dock Policies: 13 (a) Pier and dock provisions should be consistent with the USACE McNary 14 Pool Management Plan. 15 (b) Moorage associated with a single-family residence is considered a 16 water-dependent use provided that it is designed and used as a facility to 17 access watercraft, and other moorage facilities are not available or 18 feasible. Moorage for water-related and water-enjoyment uses or shared 19 moorage for multi-family use should be allowed as part of a mixed-use 20 development or where it provides public access. 21 (c) New moorage, excluding docks accessory to single-family residences, 22 should be permitted when the applicant/proponent has demonstrated that a 23 specific need exists to support the intended water-dependent or public 24 access use. 25 (d) As an alternative to continued proliferation of individual private moorage, 26 mooring buoys are preferred over docks or floats. Shared moorage 27 facilities are preferred over single-user moorage where feasible, especially 28 where water-use conflicts exist or are predictable. New subdivisions of 29 more than two lots and new multi-family development of more than two 30 dwelling units should provide shared moorage where feasible. 31 (e) Docks, piers, and mooring buoys, including those accessory to 32 single-family residences, should avoid locations where they will adversely 33 impact shoreline ecological functions or processes, including high-velocity 34 currents and littoral drift. 35 (f) Moorage should be spaced and oriented in a manner that minimizes 36 hazards and obstructions to public navigation rights and corollary rights 37 thereto, such as , but not limited to, fishing, swimming, and pleasure 38 boating, and private riparian rights of adjacent land owners. 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 11 January 2015 (g) Moorage should be restricted to the minimum size necessary to meet the 1 needs of the proposed use. The length, width, and height of piers and 2 docks should be no greater than that required for safety and practicality for 3 the primary use. 4 (h) Pile supports are preferred over fills because piles do not displace water 5 surface or aquatic habitat and are removable and thus are more flexible in 6 terms of long-term use patterns. Floats may be less desirable than pile 7 structures where aquatic habitat or littoral drift are significant. 8 (i) The use of buoys for small craft moorage is preferred over pile or float 9 structures because of less long-term impact on shore features and users; 10 moorage buoys should be placed as close to shore as possible to minimize 11 obstruction to navigation. 12 (j) Piers and docks should be constructed of materials that will not adversely 13 affect water quality or aquatic plants and animals in the long term. 14 (k) New pier and dock development should be designed so as not to interfere 15 with lawful public access to or use of shorelines. Developers of new piers 16 and shared moorage should be encouraged to provide physical or visual 17 public access to shorelines whenever safe and compatible with the primary 18 use and shore features. 19 (12) Recreational Development Policies: 20 (a) Shoreline recreational development should be given priority for shoreline 21 location to the extent that the use facilitates the public’s ability to reach, 22 touch, and enjoy the water's edge, to travel on the waters of the state, and 23 to view the water and the shoreline. Where appropriate, such facilities 24 should be dispersed along the shoreline in a manner that supports more 25 frequent recreational access and aesthetic enjoyment of the shoreline for a 26 substantial number of people. 27 (b) Recreational developments should facilitate appropriate use of shoreline 28 resources while conserving them. These resources include, but are not 29 limited to, accretion shoreforms, wetlands, soils, groundwater, 30 surface water, native plant and animal life, and shore processes. 31 (c) Recreational facilities should be a combination of active and passive 32 types. Location of such facilities should consider the ecological function 33 and sensitive nature of the shoreline in order to avoid adverse impacts. For 34 example, wildlife and habitat preservation areas with sensitive shoreline 35 habitat should have low-impact recreational uses. 36 (d) Recreational developments and plans should provide the regional 37 population with a varied and balanced choice of recreation experiences in 38 appropriate locations. Public agencies should coordinate their plans and 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 12 January 2015 activities to provide a wide variety of recreational opportunities without 1 needlessly duplicating facilities. 2 (e) Recreational development should encourage the linkage of shoreline 3 parks, recreation areas, and public access points with linear systems such 4 as hiking paths, bicycle paths, easements, and scenic drives. 5 (f) When feasible, recreation facilities should incorporate public education 6 regarding shoreline ecological functions and processes, the role of human 7 actions on the environment, and the importance of public involvement in 8 shoreline management. Opportunities incorporating educational and 9 interpretive information should be pursued in design and operation of 10 recreation facilities and nature trails. 11 (g) Recreational development should be located and designed to preserve, 12 enhance, or create scenic views and vistas. 13 (13) Residential Development Policies: 14 (a) Consider single-family residential development as a priority use. 15 (b) Locate and construct residential development in a manner that ensures no 16 net loss of shoreline ecological functions. 17 (c) Ensure the overall density of development, lot coverage, and height of 18 structures is appropriate to the physical capabilities of the site and 19 consistent with the Comprehensive Plan. 20 (d) Ensure new residential development provides adequate buffers or 21 open space from the water to protect ecological functions and 22 ecosystem-wide processes, preserve views, preserve shoreline aesthetic 23 characteristics, protect the privacy of nearby residences, and minimize use 24 conflicts. 25 (e) Make adequate provisions for services and infrastructure necessary to 26 support residential development. 27 (f) Design and locate residential development to preserve existing shoreline 28 vegetation, control erosion, and protect water quality. 29 (g) Design and locate new residences so shoreline stabilization will not be 30 necessary to protect the structure. The creation of new residential lots 31 should demonstrate the lots can be developed without: 32 (i) Constructing shoreline stabilization structures (such as bulkheads); 33 (ii) Causing significant erosion or slope instability; and 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 13 January 2015 (iii) Removing existing native vegetation within shoreline buffers. 1 (14) Shoreline Habitat and Natural Systems Enhancement Projects Policies: 2 (a) Include provisions for shoreline vegetation restoration or enhancement, 3 fish and wildlife habitat enhancement, and low-impact development 4 techniques in projects located within shoreline jurisdiction, where feasible. 5 (b) Encourage and facilitate implementation of projects and programs 6 included in the SMP Shoreline Restoration Plan. 7 (15) Shoreline Stabilization Policies: 8 (a) Locate and design new development, including subdivisions, to eliminate 9 the need for new shoreline modification or stabilization. 10 (b) Design, locate, size, and construct new or replacement structural shoreline 11 stabilization measures to minimize and mitigate the impact of these 12 modifications on the City’s shorelines. 13 (c) Give preference to non-structural shoreline stabilization measures over 14 structural shoreline stabilization, and give preference to soft structural 15 shoreline stabilization over hard structural shoreline stabilization. 16 (d) Allow location, design, and construction of riprap and other bank 17 stabilization measures primarily to prevent damage to existing 18 development or to protect the health, safety, and welfare of the City’s 19 residents. 20 (e) Encourage fish-friendly shoreline design during new construction and 21 redevelopment by offering incentives and regulatory flexibility. 22 (16) Utilities Policies: 23 (a) Allow for utility maintenance and extension with criteria for location and 24 vegetation restoration as appropriate. 25 (b) Plan, design, and locate utility facilities to minimize harm to shoreline 26 functions, preserve the natural landscape, and minimize conflicts with 27 present and future planned land and shoreline uses, while meeting the 28 needs of future populations in areas planned to accommodate growth. 29 (c) Do not permit new non-water-oriented primary utility production and 30 processing facilities or parts of those facilities, such as power plants, 31 solid waste storage, or disposal facilities, within shoreline jurisdiction 32 unless no other options are feasible. Primary utility facilities, such as 33 wastewater treatment plants, and expansion of existing facilities should be 34 located in shoreline jurisdiction only if no practical upland alternative or 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 14 January 2015 location exists. Such facilities and expansions should be designed and 1 located to minimize impacts on shoreline ecological functions, including 2 riparian and aquatic areas, and to the natural landscape and aesthetics. 3 Public health and safety should be the highest priority for the planning, 4 development, and operation of primary utility facilities. 5 (d) Locate utility transmission facilities for the conveyance of services, such 6 as power lines, cables, and pipelines, outside of shoreline jurisdiction 7 where feasible. Where permitted within shoreline jurisdiction, such 8 facilities should be located within existing or approved road crossings, 9 rights-of-way, and corridors or in such a way as to minimize potential 10 adverse impacts on shoreline areas. Joint use of rights-of-way and 11 corridors in shoreline areas should be encouraged. 12 (e) Locate new utility facilities so as not to require extensive shoreline 13 protection works. 14 (f) Locate utility facilities and corridors to protect scenic views from public 15 parks and trails. Whenever possible, such facilities should be placed 16 underground or alongside or under bridges. 17 (g) Design utility facilities and rights-of-way to preserve the natural landscape 18 and to minimize conflicts with present and planned land uses. 19 (17) Existing Uses Policies: 20 (a) Allow nonconforming, existing legal uses and structures to continue in 21 accordance with this SMP. Residential structures and appurtenant 22 structures that were legally established and are used for a conforming use 23 (but do not meet standards for setbacks, buffers, or yards), area, bulk, 24 height, or density, should be considered a conforming structure. 25 (b) Allow alterations of nonconforming structures, uses, and lots in 26 consideration of historic development patterns when occupied by preferred 27 uses and consistent with public safety and other public purposes. 28 (c) Encourage transitions from nonconforming uses to conforming uses. 29 (d) Allow for nonconforming structures to expand when they do not increase 30 the nonconformity according to SMP requirements. 31 (e) Allow for existing roads, driveways, and utility lines to continue and 32 expand when they do not increase the nonconformity according to SMP 33 requirements. 34 (f) Consider the no net loss of ecological function objective to guide review 35 of proposed expansions or other changes to nonconforming uses and new 36 development on nonconforming vacant lots. This objective may be 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 15 January 2015 addressed in an area-wide manner consistent with the SMP cumulative 1 impacts analysis. 2 4.5 Conservation Element 3 (Goals and policies for Environmental Protection, Critical Areas, and Shoreline Vegetation 4 Conservation, and Water Quality, Stormwater Management, and Nonpoint Pollution) 5 (1) Goals: 6 (a) Goal A: Protect the existing hydraulic, hydrologic, and habitat functions, 7 as well as scenic and recreational values, of City’s shorelines and the 8 McNary Pool. 9 (2) General Policies: 10 (a) Develop and implement management practices that will ensure a sustained 11 yield of renewable resources of the shorelines while preserving, 12 protecting, enhancing, and restoring unique and non-renewable shoreline 13 resources, environments, or features. 14 (b) To the greatest extent feasible, reclaim and restore areas that are 15 biologically and aesthetically degraded while maintaining appropriate use 16 of the shoreline. 17 (c) Preserve scenic vistas, aesthetics, fisheries and wildlife habitat, and other 18 critical areas. 19 (d) Protect shoreline processes and ecological functions through regulatory 20 and non-regulatory means that may include acquisition of key properties, 21 conservation easements, regulation of development within shoreline 22 jurisdiction, and incentives to private property owners to encourage 23 ecologically sound design and implementation of best land management 24 practices. 25 (e) Protect and manage shoreline-associated wetlands, including maintenance 26 of sufficient volumes of surface and subsurface drainage into wetlands, to 27 sustain existing vegetation and wildlife habitat. 28 (f) Work with other jurisdictional agencies in the region and with the private 29 sector to deal effectively with regional and watershed-wide natural 30 environment issues and the protection, preservation, and enhancement of 31 all shoreline areas as fish and wildlife habitat. 32 (g) Manage development to avoid risk and damage to property and loss of life 33 from geological conditions. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 16 January 2015 (h) Regulate development within the SMP area of the 100-year floodplain to 1 avoid risk and damage to property and loss of life. 2 (i) Prohibit the introduction of invasive plant species along the shoreline, and 3 encourage the removal of noxious and invasive weeds and trees. 4 (j) Protect, enhance, and maintain healthy vegetation consistent with the local 5 climate and nature of shoreline. 6 (3) Critical Areas: 7 (a) Goals: 8 (i) Goal A: Promote public health and welfare by instituting local 9 measures to preserve naturally occurring wetlands, critical aquifer 10 recharge areas, geologically hazardous areas, frequently flooded 11 areas (also see SMP Section I – 4.7: Flood Hazard Management 12 goals and policies), and fish and wildlife habitat conservation areas 13 that exist in the City’s shoreline jurisdiction for their associated 14 value. 15 (ii) Goal B: Reduce the threat posed to the health and safety of citizens 16 from commercial, residential, or industrial development that may 17 be sited in areas of significant geologic hazard. 18 (iii) Goal C: Identify categories of fish and wildlife habitat 19 conservation areas in the City’s shoreline jurisdiction, based in part 20 on information supplied by Washington State Department of Fish 21 & Wildlife’s (WDFW’s) Priority Habitat and Species Program and 22 other sources. 23 (iv) Goal D: Protect local wildlife values and reflect the needs and 24 desires of the public. 25 (b) Policies: 26 (i) Recognize that critical areas may serve a variety of vital functions, 27 including, but not limited to, flood storage and conveyance, water 28 quality protection, recharge and discharge areas for groundwater, 29 erosion control, sediment control, fish and wildlife habitat, 30 recreation, education, and scientific research. 31 (ii) Implement protection measures that strive to spare identified value 32 and function of critical areas that may be in jeopardy from new 33 development proposals. However, these regulations shall not 34 prohibit uses legally existing on any parcel prior to their adoption. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 17 January 2015 (iii) Avoid unnecessary duplication with various legal means and levels 1 of government that already address protection of wetlands, and 2 promote cooperation and coordination whenever possible. 3 (iv) Recognize that risks from geologic hazards can be reduced or 4 mitigated to acceptable levels through engineering design or 5 modified construction practices. In other cases where technological 6 efforts are not sufficient to reduce associated risks, building is best 7 avoided. Cooperate with federal, state, and private agencies and 8 individuals who have primary authority to manage specific fish 9 and wildlife habitat conservation areas within certain parts of the 10 City. 11 (v) Encourage preservation of adequate size blocks of land necessary 12 for species survival and corridor areas that allow for migratory 13 travel. 14 (vi) Recognize that species of wildlife in the City’s locality are in a 15 state of continuing flux, and a prudent understanding of this 16 phenomenon is vital in guiding decision makers to balance 17 conservation of wildlife species with promotion of wise, desirable 18 growth. 19 4.6 Historic, Cultural, Scientific, and Educational Resources Element 20 (1) Goals: 21 (a) Goal A: Identify, preserve, and protect historical, cultural, and 22 archaeological resources found to be significant by recognized local, state, 23 or federal processes. 24 (b) Goal B: Encourage educational and scientific projects and programs that 25 foster a greater appreciation for the importance of shoreline management, 26 water-oriented activities, environmental conservation, and local historic 27 connections with the City’s shoreline. 28 (2) Policies: 29 (a) Identify, protect, preserve, and restore important archeological, historic, 30 and cultural sites located in shoreline areas. 31 (b) Encourage educational projects and programs that foster a greater 32 appreciation of the importance of shoreline management, maritime 33 activities, environmental conservation, and maritime history, consistent 34 with protecting no net loss of ecological functions. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 18 January 2015 (c) Prevent public or private uses and activities from damaging, altering, 1 removing, or destroying any site having historic, cultural, scientific, or 2 educational value without appropriate analysis and mitigation. 3 4.7 Flood Hazard Management Element 4 (1) Goals: 5 (a) Goal A: Protect public safety within river floodways and floodplains while 6 recognizing that water levels in Columbia and Snake rivers are generally 7 stable as part of the McNary Pool. Protect natural systems by preserving 8 the flood storage function of floodplains. 9 (b) Goal B: Diminish potential hazards that may be caused by inappropriate 10 development in areas where severe and costly flooding is anticipated to 11 occur. 12 (2) Policies: 13 (a) Manage development proposed within floodplains and floodways 14 consistent with the SMA, Federal Emergency Management Agency 15 (FEMA) standards, and Critical Areas Regulations for frequently flooded 16 areas contained within this SMP. 17 (b) Implement protection measures designed to minimize hazards in 18 frequently flooded areas that already exist as detailed in 19 Pasco Municipal Code (PMC) 24.20, Provisions for Flood Hazard 20 Protection. 21 (c) Work with Franklin County and state and federal agencies to deal 22 effectively with regional flooding issues. 23 (d) Control stormwater runoff in a manner consistent with low-impact 24 development practices, which utilize natural detention, retention, and 25 recharge techniques. 26 (e) Prohibit any development within the floodplain that would individually or 27 cumulatively cause any increase in the base flood elevation beyond FEMA 28 standards. 29 4.8 Private Property Right 30 (1) Goals: 31 (a) Goal A: Recognize and protect private property rights in shoreline uses 32 and developments consistent with the public interest. 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 19 January 2015 (2) Policies: 1 (a) Shoreline uses should be located and designed to respect private property 2 rights, maintain privacy of private property, be compatible with the 3 shoreline environment, protect ecological functions and processes, and 4 protect aesthetic values of the shoreline. 5 (b) Public access to shoreline, such as trails, bikeways, or roads, should 6 consider privacy of private property owners when locating them near 7 private properties. 8 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 20 January 2015 SECTION II: Shoreline Regulations 1 Article I. Authority and Purpose 2 29.01.010 Authority 3 (1) The SMA of 1971, RCW 90.58, is the authority for the enactment and 4 administration of this SMP. 5 29.01.020 Applicability 6 (1) This SMP shall apply to all of the shoreline areas, waters, and critical areas within 7 the shoreline jurisdiction of the City as described in SMP Section I, Shoreline 8 Goals and Policies, Profile of the Shoreline Jurisdiction, within the city limits of 9 the City of Pasco . 10 (2) All proposed uses, activities, or development occurring within shoreline 11 jurisdiction must conform to the intent and requirements of RCW 90.58, the 12 SMA, and this SMP whether or not a permit or other form of authorization is 13 required. See SMP Shoreline Goals and Policies section for the shoreline 14 jurisdiction description and SMP Article VII for the definition of uses, activities, 15 and development. 16 (3) The SMP applies to shoreline jurisdiction within the City limits; this SMP will not 17 apply to shorelines in the UGAs until the annexation of the UGA areas to City is 18 finalized. 19 (4) Pursuant to WAC 173-27-060, federal agency activities may be required by other 20 federal laws to meet the permitting requirements of RCW 90.58. This SMP shall 21 apply to all nonfederal developments and uses undertaken on federal lands and on 22 lands subject to nonfederal ownership, lease, or easement, even though such lands 23 may fall within the external boundaries of federal ownership. 24 (5) As recognized by RCW 90.58.350, the provisions of this SMP shall not affect 25 treaty rights of Native American tribes. 26 (6) Maps indicating the extent of shoreline jurisdiction and shoreline designations are 27 guidance only. They are to be used in conjunction with the most current scientific 28 and technical information available, field investigations, and on-site surveys to 29 accurately establish the location and extent of shoreline jurisdiction when a 30 project is proposed. All areas meeting the definition of a shoreline of the state or a 31 SSWS, whether mapped or not, are subject to the provisions of this SMP . 32 29.01.030 Purpose 33 (1) The purposes of this SMP are: 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 21 January 2015 (a) To promote the public health, safety, and general welfare of the City by 1 providing comprehensive policies and effective, reasonable regulations for 2 development, use, and protection of jurisdictional shorelines; 3 (b) To further assume and carry out the local government responsibilities 4 established by the SMA in RCW 90.58.050, including planning and 5 administering the regulatory program consistent with the policy and 6 provisions of the SMA in RCW 90.58.020; 7 (c) To provide a high quality shoreline environment where: 8 (i) Recreational opportunities are abundant; 9 (ii) The public enjoys access to and views of shoreline areas; 10 (iii) Natural systems are preserved, restored, or enhanced; 11 (iv) Ecological functions of the shoreline are maintained and improved 12 over time; 13 (v) Water-oriented uses are promoted consistent with the shoreline 14 character and environmental functions; and 15 (d) To apply special conditions to those uses that are not consistent with the 16 control of pollution and prevention of damage to the natural environment 17 or are not unique to or dependent on use of the state's shoreline; and 18 (e) To ensure no net loss of ecological functions associated with the shoreline. 19 29.01.040 Relationship to Other Codes, Ordinances, and Plans 20 (1) All applicable federal, state, and local laws shall apply to properties in the 21 shoreline jurisdiction. Where this SMP makes reference to any RCW, WAC, or 22 other state or federal law or regulation, the most recent amendment or current 23 edition shall apply. 24 (2) In the event provisions of this SMP conflict with provisions of federal, state, or 25 city regulations, the provision that is most protective of shoreline resources shall 26 prevail. It is understood that the provisions of this SMP may not allow 27 development to occur at what otherwise might be the property's full zoning 28 potential. 29 (a) Local plans or programs include, but are not limited to: 30 (i) PMC 24.20 – Provisions for Flood Hazard Protection 31 (ii) PMC Title 23, Environmental Impact 32 (iii) PMC Title 25, Zoning 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 22 January 2015 (b) State and federal programs include, but are not limited to: 1 (i) Washington State Hydraulic Project Permits (HPA) 2 (ii) Washington State Pesticide Applicator License Requirements 3 (iii) Washington State Waste Discharge Permits 4 (iv) Washington State Water Quality Certification Requirements (401) 5 (v) USACE 404 Permits and Section 10 Permits 6 (3) The policies in the SMP, contained in the SMP elements, state those underlying 7 objectives that the regulations are intended to accomplish. The policies guide the 8 interpretation and enforcement of the SMP regulations contained in PMC 29.01. 9 The policies are not regulations in themselves and, therefore, do not impose 10 requirements beyond those set forth in the regulations. 11 (4) This SMP contains critical area regulations in PMC 29.01 Article V, applicable 12 only in shoreline jurisdictions that provide a level of protection to critical areas 13 assuring no net loss of shoreline ecological functions necessary to sustain 14 shoreline natural resources (RCW 36.70A.480). In the event of a conflict between 15 the requirements of this code and any other code or ordinance of the City, the 16 regulation that provides the greater protection for the particular critical area 17 within shoreline jurisdiction shall apply. 18 (5) Projects in the shoreline jurisdiction that have either been deemed technically 19 complete through the application process or have been approved through local 20 and state reviews prior to the adoption of this SMP are considered accepted. 21 Major changes or new phases of projects that were not included in the originally 22 approved plan will be subject to the policies and regulations of this SMP. 23 29.01.050 Liberal Construction 24 (1) According to RCW 90.58.900, SMA is exempted from the rule of strict 25 construction, and it shall be liberally construed to give full effect to the objectives 26 and purposes for which it was enacted. 27 29.01.060 Severability 28 (1) Should any section or provision of this SMP be declared invalid, such decision 29 shall not affect the validity of this SMP as a whole. 30 29.01.070 Effective Date 31 (1) The SMP is hereby adopted on the XX day of XX 2015. This SMP and all 32 amendments thereto shall become effective 14 days after final approval and 33 adoption by Ecology. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 23 January 2015 Article II. Environment Designation 1 29.01.100 Environment Designations 2 (1) The City has designated shorelines pursuant to RCW 90.58 by defining them, 3 providing criteria for their identification, and establishing shoreline ecological 4 functions to be protected. Project proponents are responsible for determining 5 whether a shoreline exists and is regulated pursuant to this SMP. The SMP 6 classifies the City’s shoreline into eight shoreline environment designations 7 consistent with the purpose and designation criteria as follows: 8 (a) Aquatic 9 (b) Natural 10 (c) Urban Conservancy 11 (d) Public Flood Protection 12 (e) Recreation 13 (f) High Intensity 14 (g) Shoreline Residential 15 (2) Official Shoreline Maps: 16 (a) Shoreline area designations are delineated on a map by Reach and 17 Subreach (SR), hereby incorporated as a part of this SMP (PMC 18 29.01.870), that shall be known as the Official Shoreline Map. Maps 19 indicating the extent of shoreline jurisdiction and shoreline designations 20 are to be used in conjunction with the most current scientific and technical 21 information available, field investigations, and on-site surveys to 22 accurately establish the location and extent of shoreline jurisdiction when 23 a project is proposed. 24 (3) Unmapped or Undesignated Shorelines: 25 (a) All areas meeting the definition of a shoreline of the state or a SSWS, 26 whether mapped or not, are subject to the provisions of this SMP. 27 (4) Interpretation of Environment Designation Boundaries: 28 (a) Whenever existing physical features are inconsistent with boundaries on 29 the Official Shoreline Map, the Shoreline Administrator shall interpret the 30 boundaries. Appeals of such interpretations may be filed pursuant to 31 PMC 29.01.810, Appeals. 32 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 24 January 2015 (b) All shoreline areas waterward of the OHWM shall be designated Aquatic. 1 (c) Only one shoreline area designation shall apply to a given shoreland area. 2 In the case of parallel designations, designations shall be divided along an 3 identified linear feature. Such linear features shall be clearly noted in the 4 metadata associated with the Official Shoreline Map. 5 (d) All areas within shorelines that are not mapped and/or designated are 6 automatically assigned an Urban Conservancy designation. 7 (e) Environment designations for shorelines within UGA will be effective 8 immediately upon annexation of the area into the City limits. 9 29.01.110 Aquatic 10 (1) Purpose: 11 (a) The purpose of the Aquatic shoreline designation is to protect, restore, and 12 manage the unique characteristics and resources of the areas waterward of 13 the OHWM. 14 (2) Designation Criteria: 15 (a) An Aquatic shoreline designation is assigned to lands and waters 16 waterward of the OHWM 17 (3) Management Policies: 18 (a) In addition to the other applicable policies and regulations of this SMP, 19 the following management policies shall apply: 20 (i) New over-water structures should be allowed only for 21 water-dependent uses, public access, recreation, or ecological 22 restoration. 23 (ii) Shoreline uses and modifications should be designed and managed 24 to prevent degradation of water quality and natural hydrographic 25 conditions. 26 (iii) In-water uses should be allowed where impacts can be mitigated to 27 ensure no net loss of shoreline ecological functions. Permitted 28 in-water uses must be managed to avoid impacts to shoreline 29 ecological functions. Unavoidable impacts must be minimized and 30 mitigated. 31 (iv) On navigable waters or their beds, all uses and developments 32 should be located and designed to: 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 25 January 2015 (A) Minimize interference with surface navigation; 1 (B) Consider impacts to public views; and 2 (C) Allow for the safe, unobstructed passage of fish and 3 wildlife, particularly species dependent on migration. 4 (b) Multiple or shared use of over-water and water-access facilities should be 5 encouraged to reduce the impacts of shoreline development and increase 6 effective use of water resources. 7 (c) Structures and activities permitted should be related in size, form, design, 8 and intensity of use to those permitted in the immediately adjacent upland 9 area. The size of new over-water structures should be limited to the 10 minimum necessary to support the structure's intended use. 11 (d) Natural light should be allowed to penetrate to the extent necessary to 12 support fisheries and nearshore aquatic habitat unless other illumination is 13 required by state or federal agencies. 14 (e) Shoreline uses, development, activities, and modifications in the Aquatic 15 shoreline designation requiring use of adjacent landside property should 16 be in a shoreline designation that allows that use, development, activity, or 17 modification. 18 29.01.120 Natural 19 (All islands, Subreach [SR] 1d) 20 (1) Purpose: 21 (a) The purpose of the Natural shoreline designation is to protect those 22 shoreline areas that are relatively free of human influence or that include 23 intact or minimally degraded shoreline ecological functions less tolerant of 24 human use. These systems require that only very low-intensity uses be 25 allowed in order to maintain the ecological functions and ecosystem-wide 26 processes. Consistent with the policies of the designation, restoration of 27 degraded shorelines within this environment is appropriate. 28 (2) Designation Criteria: 29 (a) The following criteria should be considered in assigning a Natural 30 environment designation: 31 (i) The shoreline ecological functions are substantially intact and have 32 a high opportunity for preservation and low opportunity for 33 restoration; 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 26 January 2015 (ii) The shoreline is generally in public or conservancy ownership or 1 under covenant, easement, or a conservation tax program; 2 (iii) The shoreline contains little or no development or is planned for 3 development that would have minimal adverse impacts to 4 ecological functions or risk to human safety; 5 (iv) The shoreline has high potential for low-impact, passive, or public 6 recreation; and 7 (v) The shoreline is considered to represent ecosystems and geologic 8 types that have high scientific and educational value. 9 (3) Management Policies: 10 (a) In addition to other applicable policies and regulations, the following 11 management policies shall apply: 12 (i) Any use beyond existing uses that would substantially degrade 13 shoreline ecological functions or natural character of the shoreline 14 area should not be allowed; 15 (ii) Scientific, historic, cultural, educational research, and low-impact, 16 passive recreational uses are allowed in addition to existing uses , 17 while meeting no net loss of ecological function requirements; 18 (iii) Single-family residential development may be allowed as a 19 conditional use if the density and intensity of such use is limited as 20 necessary to protect ecological functions and is consistent with the 21 purpose of the environment; 22 (iv) Vegetation should remain undisturbed except for removal of 23 noxious vegetation and invasive species through ongoing 24 management activities or as part of a development proposal. 25 Proposed subdivision or lot line adjustments, new development, or 26 significant vegetation removal that would reduce the capability of 27 vegetation to perform normal ecological functions should not be 28 allowed; 29 (v) Uses that would deplete physical or biological resources or impair 30 views to or from the shoreline over time should be prohibited; 31 (vi) Only physical alterations that serve to support an existing use, 32 protect a significant or unique physical, biological, or visual 33 shoreline feature that might otherwise be degraded or destroyed, or 34 those alterations that are the minimum necessary to support a 35 permitted use should be allowed; and 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 27 January 2015 (vii) Only the following types of signs should be considered for location 1 in the shorelines: interpretive; directional; navigational; regulatory; 2 and public. 3 29.01.130 Urban Conservancy 4 Open-space areas located water ward of the parcel boundaries in the 5 Columbia River Reach 1, Subreaches (SR) 3a (north portion of Chiawana Park), 6 3b, 5c (non-levee portion of the wetland near Riverview Park), and 6c (portion 7 water ward of the trail), Reach 7 (Sacajawea Park excluding the boat launch and 8 recreation area), and SR 8a. 9 (1) Purpose: 10 (a) The purpose of the Urban Conservancy environment is to protect and 11 restore ecological functions of open space, floodplain, and other sensitive 12 lands where they exist in urban and developed settings, while allowing a 13 variety of compatible uses 14 (2) Designation Criteria: 15 (a) The following criteria are used to consider an Urban Conservancy 16 environment designation: 17 (i) The shoreline contains open space, floodplain, or other sensitive 18 areas that should not be more intensively developed; 19 (ii) The shoreline has riparian vegetation with high to moderate 20 ecological functions; 21 (iii) The shoreline has potential for development that is compatible 22 with ecological restoration; or 23 (iv) The shoreline is not generally suitable for water-dependent uses, 24 however, has moderate to high potential for public, water-related, 25 or water-enjoyment uses where ecological functions can be 26 maintained or restored. 27 (3) Management Policies: 28 (a) In addition to the other applicable policies and regulations of this SMP, 29 the following management policies shall apply: 30 (i) Shoreline uses that preserve the natural character of the area or 31 promote preservation of open space, floodplain, or sensitive lands 32 either directly or during the long term should be the primary 33 allowed uses. Uses that result in restoration of ecological functions 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 28 January 2015 should be allowed if the use is otherwise compatible with the 1 purpose of the environment and the setting. 2 (ii) Encourage regulations for shoreline stabilization measures, 3 vegetation conservation, water quality, and shoreline modifications 4 to ensure no net loss of shoreline ecological functions; 5 (iii) Public access and public recreation uses should be allowed 6 whenever feasible and significant ecological impacts can be 7 mitigated; or 8 (iv) Water-oriented uses should be given priority over 9 non-water-oriented uses. For shoreline areas adjacent to 10 commercially navigable waters, water-dependent uses should be 11 given priority. 12 29.01.140 Public Flood Protection 13 Leveed areas along the Columbia River, where limited ecological function and 14 future development potential exists, and the areas are dedicated for public 15 recreation as part of the regional trail system. 16 (1) Purpose: 17 (a) The purpose of the Public Flood Protection environment designation is to 18 provide flood protection features while protecting shoreline ecological 19 functions with limitations imposed by the flood protection features, and 20 provide recreational opportunities. In addition to existing levees, examples 21 of uses that are appropriate in a Public Flood Protection shoreline 22 designation include public access and recreation uses consistent with the 23 protection of public safety and property by the flood protection features. 24 (2) Designation Criteria: 25 (a) The following criteria are used to consider a Public Flood Protection 26 environment designation: 27 (i) The shoreline has low to moderate ecological function with low to 28 moderate opportunity for preservation or restoration; 29 (ii) The shoreline is owned and maintained by public agencies; 30 (iii) The shoreline is highly developed, and most development is related 31 to flood protection, public utility, infrastructure, and low-intensity 32 recreation, facility rehabilitation, or upgrade modifications; 33 (iv) The shoreline has limited scientific or educational value or unique 34 historic or cultural resources values; or 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 29 January 2015 (v) The shoreline has low to moderate potential for public, 1 water-oriented recreation where ecological functions can be 2 maintained or restored. 3 (3) Management Policies: 4 (a) In addition to the other applicable policies and regulations of this SMP, 5 the following management policies shall apply: 6 (i) In regulating uses in the Public Flood Protection environment, first 7 priority should be given to flood protection and water-dependent 8 public-facility uses. Second priority should be given to 9 water-related and water-enjoyment uses that are not in conflict 10 with the flood protection uses. Non-water-oriented uses are 11 allowed as part of the operational needs. 12 (ii) Policies and regulations shall ensure no net loss of shoreline 13 ecological functions as a result of redevelopment, facility 14 upgrades, and new development. Where applicable, development 15 shall include environmental enhancement of the shoreline in 16 accordance with USACE McNary Pool Management Plan and the 17 City’s SMP Restoration Plan (to be developed in 2015). 18 (iii) Existing visual and physical public access opportunities shall be 19 maintained and enhanced where feasible and appropriate, as 20 consistent with PMC 29.01.260, Public Access. 21 (iv) Aesthetic objectives should be implemented by means such as 22 appropriate landscape features, screening, and maintenance of 23 natural vegetative buffers. 24 29.01.150 Recreation 25 (Chiawana, Wade, Riverview, Schlagel, and Sacajawea parks, marina, boat launch areas) 26 (1) Purpose: 27 (a) The purpose of the Recreation environment designation is to provide for 28 water-oriented recreational uses with some commercial uses to support 29 recreational uses while protecting existing ecological functions, 30 conserving existing natural resources, and restoring ecological functions in 31 areas that have been previously degraded. 32 (2) Designation Criteria: 33 (a) The following criteria are used to consider a Recreation environment 34 designation: 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 30 January 2015 (i) The shoreline has low to moderate ecological function with low to 1 moderate opportunity for preservation and restoration. 2 (ii) The shoreline is highly developed, and most development is 3 recreation-related with potential for additional recreation and 4 recreation-related commerce or is suitable and planned for 5 water-oriented uses. 6 (iii) The shoreline has existing recreation uses or moderate to high 7 potential for public and private water-oriented recreation where 8 ecological functions can be maintained or enhanced. 9 (iv) The shoreline has limited scientific or educational value or unique 10 historic or cultural resources values. 11 (3) Management Policies: 12 (a) In addition to the other applicable policies and regulations of this SMP, 13 the following management policies shall apply: 14 (i) In regulating uses in the Recreation environment, first priority 15 should be given to water-dependent recreational uses. Second 16 priority should be given to water-related and water-enjoyment 17 recreational uses. Non-water-oriented uses should not be allowed, 18 except as part of mixed-use developments with a recreation focus. 19 (ii) Policies and regulations shall ensure no net loss of shoreline 20 ecological functions as a result of new development. Consistent 21 with the City's SMP Restoration Plan (to be developed in 2015), 22 new development may be required, as applicable, to include 23 restoration of shoreline functions as part of project proposals. 24 (iii) Where feasible, visual and physical public access should be 25 required as provided for in PMC 29.01.260, Public Access. 26 Recreational objectives should be enhanced by combining physical 27 and visual public access opportunities with other recreational 28 opportunities where feasible. 29 (iv) Water-oriented commercial uses should be allowed. 30 (v) Aesthetic objectives should be implemented by means such as 31 sign-control regulations, appropriate development siting, 32 screening, and architectural standards, and maintenance of natural 33 vegetative buffers. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 31 January 2015 29.01.160 High Intensity 1 (Port of Pasco, Osprey Point, industrial areas on Columbia River SR 6c, and the 2 Snake River SR 8b) 3 (1) Purpose: 4 (a) The purpose of the High Intensity environment designation is to provide 5 for public and private commercial and industrial uses that need a shoreline 6 location for operation and are associated with water-oriented commerce 7 and industry. Examples of uses that are appropriate in a High Intensity 8 shoreline environment include water-oriented commercial uses, 9 water-supply diversion, transportation, navigation uses, barge and 10 conveyance facilities, and similar uses. This environment may also 11 provide for some recreation, while protecting existing ecological functions 12 and restoring ecological functions in areas that have been previously 13 degraded. 14 (2) Designation Criteria: 15 (a) Assign a High Intensity environment designation to shoreline areas where: 16 (i) The shoreline has low to moderate ecological function with low to 17 moderate opportunity for preservation or restoration. 18 (ii) The shoreline is highly developed, and most development is related 19 to public utility, infrastructure, industry, or commerce with 20 potential for additional related development, facility rehabilitation, 21 or upgrade modifications. 22 (iii) Existing landward industrial development exists and has potential 23 for future growth and development. 24 (iv) The operation of such uses depend on proximity to water, 25 including high-intensity uses related to industrial production, 26 conveyance, transportation, or navigation. 27 (v) The shoreline has limited scientific or educational value or unique 28 historic or cultural resources values. 29 (3) Management Policies: 30 (a) In addition to the other applicable policies and regulations of this SMP, 31 the following management policies shall apply: 32 (i) In regulating uses in the High Intensity environment, first priority 33 should be given to water-dependent commercial and industrial 34 uses. Second priority should be given to water-related and 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 32 January 2015 water-enjoyment uses that are not in conflict with the commercial 1 and industrial uses. Non-water-oriented uses are allowed as part of 2 mixed uses to support the water-oriented uses. 3 (ii) Policies and regulations shall ensure no net loss of shoreline 4 ecological functions as a result of redevelopment, facility 5 upgrades, and new development. Where applicable, development 6 shall include environmental cleanup and restoration of the 7 shoreline to comply in accordance with any relevant state and 8 federal law. 9 (iii) Where feasible and appropriate, visual and physical public access 10 provisions may be included as consistent with PMC 29.01.260, 11 Public Access. 12 (iv) Aesthetic objectives should be implemented by means such as 13 appropriate development siting, screening, and maintenance of 14 natural vegetative buffers. 15 29.01.170 Shoreline Residential 16 (Residential areas along the Columbia River in Reaches 1 and 2, SRs 4a and 4b, 17 and portions of SRs 5b and 6b) 18 (1) Purpose: 19 (a) The purpose of the Shoreline Residential environment designation is to 20 accommodate primarily residential development and appurtenant 21 structures, but also allow other types of development consistent with this 22 section. An additional purpose is to provide appropriate public access and 23 recreational uses. 24 (2) Designation Criteria: 25 (a) Assign a Shoreline Residential environment designation to shoreline areas 26 where: 27 (i) The shoreline has low to moderate ecological function with low to 28 moderate opportunity for restoration. 29 (ii) The shoreline contains mostly residential development at urban 30 densities or in clusters in more rural settings. 31 (iii) The shoreline has low to moderate potential for low-impact, 32 passive, or active water-oriented recreation where ecological 33 functions can be restored. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 33 January 2015 (3) Management Policies: 1 (a) In addition to the other applicable policies and regulations of this SMP, 2 the following management policies shall apply: 3 (i) Encourage regulations that ensure no net loss of shoreline 4 ecological functions as a result of new development such as 5 limiting lot coverage, providing adequate setbacks from the 6 shoreline, promoting vegetation conservation, reducing the need 7 for shoreline stabilization, and maintaining or improving water 8 quality. 9 (ii) The scale and density of new uses and development should be 10 compatible with the existing residential character of the area. 11 (iii) Public access and joint (rather than individual) use of recreational 12 facilities should be promoted. 13 (iv) Access, utilities, and public services to serve proposed 14 development within shorelines should be constructed outside 15 shorelines to the extent feasible and be the minimum necessary to 16 adequately serve existing needs and planned future development. 17 (v) Public or private outdoor recreation facilities should be provided 18 with proposals for subdivision development and encouraged with 19 all shoreline development, if compatible with the character of the 20 area. Priority should be given first to water-dependent and then to 21 water-enjoyment recreation facilities. 22 (vi) Commercial development should be limited to water-oriented uses. 23 Non-water-oriented commercial uses should only be allowed as 24 part of mixed-used developments. 25 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 34 January 2015 Article III. General Regulations 1 29.01.200 Shoreline Use and Modification 2 (1) Regulations: 3 (a) PMC Table 29.01.200 (2) indicates which shoreline activities, uses, 4 developments, and modifications may be allowed or are prohibited in 5 shoreline jurisdiction within each shoreline environment designation. 6 Activities, uses, developments, and modifications are classified as follows: 7 (i) “Permitted Uses” require a Shoreline Substantial Development 8 Permit or a Shoreline Exemption. 9 (ii) “Conditional Uses” require a Shoreline Conditional Use Permit per 10 PMC 29.01.750. 11 (iii) “Prohibited” activities, uses, developments, and modifications are 12 not allowed and cannot be permitted through a Variance or 13 Shoreline Conditional Use Permit. 14 (iv) General Regulations (PMC 29.01, Article III) and Shoreline 15 Modification and Uses Regulations (PMC 29.01, Article IV) shall 16 be considered for additional limitations. 17 (b) All uses shall comply with the written provisions and regulations in this 18 SMP and the shoreline use and modification matrix in PMC 29.01.200 (2). 19 Where there is a conflict between the chart and the written provisions in 20 this SMP, the written provisions shall control. 21 (2) General: 22 (a) Accessory uses shall be subject to the same shoreline permit process as 23 their primary use. 24 (b) Authorized uses and modifications shall be allowed only in shoreline 25 jurisdictions where the underlying zoning allows for it and subject to the 26 policies and regulations of this SMP. 27 (c) A use is considered unclassified when it is not listed in 28 Table 29.01.200 (2) or in the Shoreline Modification and Uses Regulations 29 (PMC 29.01, Article IV). Any proposed unclassified use may be 30 authorized as a conditional use provided that the applicant can 31 demonstrate consistency with the requirements of this SMP. 32 (d) If any part of a proposed activity, use, modification, or development is not 33 eligible for exemption per PMC 18.20.770 (Exemptions from Shoreline 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 35 January 2015 Substantial Development Permits), then a Shoreline Substantial 1 Development Permit or Shoreline Conditional Use Permit shall be 2 required for the entire proposed development project. 3 (e) When a specific use or modification extends into the Aquatic environment 4 and an abutting upland environment without clear separation (e.g., private 5 moorage facility or shoreline stabilization), the most restrictive permit 6 process shall apply to that use or modification. 7 (f) Shoreline and critical areas buffers found in PMC 29.01, Article V, apply 8 to all uses and modifications unless stated otherwise in the regulations. 9 (g) None of the allowed uses shall be conducted in the floodway in any 10 environment designation, except as allowed by PMC 29.01.550, Flood 11 Hazard Areas. 12 (h) Administrative interpretation of these regulations shall be done according 13 to PMC 29.01.710 (2). 14 (3) Shoreline Use and Modification Matrix: 15 Table 29.01.200 (2). Shoreline Use and Modification Matrix for City of Pasco 16 A = Allowed with Substantial Development Permit C = Conditional Use X = Prohibited NA = Not Applicable Use/Modification Aq u a t i c Na t u r a l Ur b a n C o n s e r v a n c y Pu b l i c F l o o d P r o t e c t i o n Re c r e a t i o n Hi g h I n t e n s i t y Sh o r e l i n e R e s i d e n t i a l Resource Uses Agriculture X X A1 X X X C Mining X X C X X C X Boating Facilities Boat launch (motorized boats) A C C A A A C Boat launch (non-motorized boats – canoe/kayak) A C A A A A A Marina A X C C A A C Docks, Piers, Mooring Facilities Private and shared moorage A X A A A A A Public moorage A X A A A A C Covered moorage C X X X C C X City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 36 January 2015 A = Allowed with Substantial Development Permit C = Conditional Use X = Prohibited NA = Not Applicable Use/Modification Aq u a t i c Na t u r a l Ur b a n C o n s e r v a n c y Pu b l i c F l o o d P r o t e c t i o n Re c r e a t i o n Hi g h I n t e n s i t y Sh o r e l i n e R e s i d e n t i a l Commercial Development Water-dependent C X A A A A A Water-related, water-enjoyment X X C C A A C Non-water-oriented C2 X C2 C2 A2 A2 X Dredging Activities Dredging A NA NA NA NA NA NA Dredge material disposal A X C C C C C Dredging and disposal as part of ecological restoration/enhancement A A A A A A A Fill and Excavation Fill Waterward of OHWM and in floodways C C C C C C C Other upland fill NA C A A A A A Excavation NA C3 Takes permit types of primary use Industrial Uses Water-dependent A X X C X A X Water-related, water-enjoyment A X X C X A Non-water-oriented X X X C2 X A X In-water Modifications Breakwater C X C C C C C Groins and weirs C X C C C C C In-stream structures4 A C3 C3 C4,3 C3 C C Recreational Development Water-dependent A A5 A5 A A A A Water-related, water-enjoyment (trails, accessory buildings) C C5 A5 A A A A Non-water-oriented X X C2 C2 A2 A2 A2 Residential Development X C A X C X A Research and Monitoring Water-dependent A A5 A5 A A A A5 Water-related, water-enjoyment A C5 A5 A A A C5 Non-water-oriented X X X X X X X City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 37 January 2015 A = Allowed with Substantial Development Permit C = Conditional Use X = Prohibited NA = Not Applicable Use/Modification Aq u a t i c Na t u r a l Ur b a n C o n s e r v a n c y Pu b l i c F l o o d P r o t e c t i o n Re c r e a t i o n Hi g h I n t e n s i t y Sh o r e l i n e R e s i d e n t i a l Shoreline Habitat and Natural Systems Enhancement Projects A A A A A A A Shoreline Stabilization and Flood Control Flood Control Modification of existing flood control facilities (Dams, Dikes and Levees), including replacement landward of existing location A A A A A A A New flood control facilities (Dams, Dikes and Levees) C C6 C C C A C Shoreline Stabilization – New Hard C X C C C A C Soft A A A A A A A Shoreline Stabilization – Replacement7 A A A A A A A Transportation Highways, arterials, railroads (parallel to OHWM) C X A A A A A Secondary/public access roads (parallel to OHWM) X X A A A A A Roads perpendicular to the OHWM X C A A A A A Bridges (perpendicular to shoreline) C C C A A A C Existing bridges, trails, roads, and parking facilities: improvement or expansion A A A A A A A New parking, primary X C C A8 A8 A8 X New parking, accessory Takes permit types of primary use Utilities Above-ground and underground utilities (parallel and across shoreline) C C A A A A A Notes: 1 1. Allowed when agricultural uses are passive, such as livestock grazing, harvesting of non-cultivated crops, or 2 small-scale farms, or when ecological functions are degraded to the point where the land is functionally equivalent 3 to cultivated land. 4 2. New uses are allowed as part of mixed use or according to PMC 29.01.340(2) for commercial development, 5 PMC 29.01.370(2) for industrial development, or as part of an existing use according to Article VI, Existing Uses, 6 Structures and Lots. 7 3. Habitat restoration and/or fish habitat enhance purposes only. 8 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 38 January 2015 4. Construction, practices, and maintenance of facilities necessary for flood protections or Columbia Basin Project 1 operations and associated water-dependent uses to access, pump, and convey water for project purposes to public 2 agencies or private water users and as consistent with permit exemptions described in PMC 29.01.770. 3 5. Low intensity only. 4 6. Only when no other alternatives are available. 5 7. Exempt for protective bulkhead common to single-family residences according to PMC 29.01.770 (4) and when 6 consistent with PMC 29.01.440 (5) and (6). 7 8. Not allowed within 50 feet of edge of riparian vegetation corridor. 8 OHWM = ordinary high water mark 9 10 29.01.210 Development Standards 11 (1) Regulations: 12 (a) To preserve the existing and planned character of the shoreline consistent 13 with the purposes of the shoreline environment designations, development 14 standards are provided in the table below. These standards apply to all 15 uses and modifications unless otherwise indicated. In addition, shoreline 16 developments shall comply with all other dimensional requirements of the 17 PMC. 18 (b) When a development or use is proposed that does not comply with the 19 dimensional performance standards of this SMP, not otherwise allowed by 20 administrative reduction or administrative modification, such development 21 or use can only be authorized by approval of a Shoreline Variance Permit. 22 (c) No permit shall be issued for any new or expanded building or structure of 23 more than 35 feet above average grade level on shorelines of the state that 24 will obstruct the view of a substantial number of residences on areas 25 adjoining such shorelines, except for Public Flood Protection and 26 High Intensity environment designation areas, or where the SMP does not 27 prohibit the same and then only when overriding considerations of the 28 public interest will be served. 29 (2) Shoreline Development Standards Matrix: 30 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 39 January 2015 Table 29.01.210 (2) 1 Shoreline Development Standards Matrix for City of Pasco 2 Use/Modification Aq u a t i c Na t u r a l Ur b a n C o n s e r v a n c y Pu b l i c F l o o d P r o t e c t i o n Re c r e a t i o n Hi g h I n t e n s i t y Sh o r e l i n e R e s i d e n t i a l Building height1 15 35 35 35 35 35 35 Building line setback in feet NA 10 - 15 Impervious surface cover (%) (starting point for discussions) NA 5% 20 NA 20 As dictated by zoning 40 Riparian buffer width in feet2, 3 NA Entire area 754 504 504 504 504 Trail width in feet NA NA 10 feet or as required by Americans with Disabilities Act regulations. Trails on private properties and not open for public use shall be up to 5-feet-wide. Notes: 3 1. According to 29.01.210 (1)(c) 4 2. Measured from the OHWM or top of bank as applicable. 5 3. Accompanied by stormwater management measures/facilities, as applicable 6 4. Except where roadway, paved trail, or parking area encroaches and then to the waterward edge of the facility 7 maintenance area, as applicable 8 NA = not applicable 9 10 29.01.220 Archaeological and Historic Resources 11 (1) In all developments, whenever an archaeological area or historic site is discovered 12 by a development in the shoreline area, the developer shall comply with 13 applicable state and federal laws and regulations. 14 29.01.230 Environmental Protection 15 (1) All project proposals, including those for which a Shoreline Substantial 16 Development Permit is not required, shall comply with RCW 43.21C, the 17 Washington State Environmental Policy Act (SEPA). 18 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 40 January 2015 (2) Applicants shall apply the following mitigation sequencing steps in order of 1 priority to avoid or minimize significant adverse effects and significant ecological 2 impacts (with (a) being top priority): 3 (a) Avoid the adverse impact altogether by not taking a certain action or parts 4 of an action; 5 (b) Minimize adverse impacts by limiting the degree or magnitude of the 6 action and its implementation by using appropriate technology or by 7 taking affirmative steps to avoid or reduce impacts; 8 (c) Rectify the adverse impact by repairing, rehabilitating, or restoring the 9 affected environment to the conditions existing at the time of the initiation 10 of the project; 11 (d) Reduce or eliminate the adverse impact over time by preservation and 12 maintenance operations; 13 (e) Compensate for the adverse impact by replacing, enhancing, or providing 14 substitute resources or environments; and 15 (f) Monitor the adverse impact and the compensation projects and taking 16 appropriate corrective measures. 17 (3) Projects that cause significant adverse environmental impacts, as defined in 18 WAC 197-11-794 and PMC 29.01.860, Definitions, are not allowed unless 19 mitigated according to PMC 29.01.230 (2), above, to avoid reduction or damage 20 to ecosystem-wide processes and ecological functions. As part of this analysis, the 21 applicant shall evaluate whether the project may adversely affect existing 22 hydrologic connections between streams and wetlands and either modify the 23 project or mitigate any impacts as needed. 24 (4) When compensatory measures are appropriate pursuant to the mitigation priority 25 sequence above, preferential consideration shall be given to measures that replace 26 the adversely impacted functions directly and in the immediate vicinity of the 27 adverse impact. However, alternative compensatory mitigation may be authorized 28 within the affected drainage area or watershed that addresses limiting factors or 29 identified critical needs for shoreline resource conservation based on watershed or 30 resource management plans, including the Shoreline Restoration Plan, applicable 31 to the area of adverse impact. Authorization of compensatory mitigation measures 32 may require appropriate safeguards, terms, or conditions as necessary to ensure no 33 net loss of ecological functions. 34 29.01.240 Shoreline Vegetation Conservation 35 (1) Vegetation conservation standards shall not apply retroactively to existing uses 36 and developments. Vegetation associated with existing structures, uses, and 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 41 January 2015 developments may be maintained within shoreline jurisdiction as stipulated in the 1 approval documents for the development. 2 (2) Regulations specifying establishment and management of shoreline buffers are 3 located in the PMC 29.01, Article V, Critical Areas. Vegetation within shoreline 4 buffers, other stream buffers, and wetlands and wetland buffers shall be managed 5 consistent with the PMC 29.01, Article V. 6 (3) Vegetation outside of shoreline buffers, other stream buffers, and wetlands and 7 wetland buffers and within shoreline jurisdiction shall be managed according to 8 this PMC 29.01.230, Environmental Protection, and any other regulations specific 9 to vegetation management contained in other sections of this SMP. 10 (4) Vegetation clearing outside of wetlands and wetland and stream buffers shall be 11 limited to the minimum necessary to accommodate approved shoreline 12 development that is consistent with all other provisions of this SMP. Mitigation 13 sequencing per PMC 29.01.230, Environmental Protection, shall be applied so the 14 design and location of the structure or development minimizes native vegetation 15 removal. 16 (5) Removal of noxious weeds and/or invasive species shall be incorporated in 17 management and mitigation plans, as necessary, to facilitate establishment of a 18 stable community of native plants. 19 29.01.250 Water Quality, Stormwater, and Nonpoint Pollution 20 (1) The location, design, construction, and management of all shoreline uses and 21 activities shall protect the quality and quantity of surface and groundwater 22 adjacent to the site. 23 (2) When applicable, all shoreline development should comply with the requirements 24 of the latest version of Ecology's Stormwater Management Manual for Eastern 25 Washington. 26 (3) Best management practices (BMPs) for control of erosion and sedimentation shall 27 be implemented for all shoreline development. 28 (4) Potentially harmful materials, including, but not limited to, oil, chemicals, tires, or 29 hazardous materials, shall not be allowed to enter any body of water or wetland, 30 or to be discharged onto the land. Potentially harmful materials shall be 31 maintained in safe and leak-proof containers. 32 (5) Within 25 feet of a waterbody, herbicides, fungicides, fertilizers, and pesticides 33 shall be applied in strict conformance to the manufacturer’s recommendations and 34 in accordance with relevant state and federal laws. Further, pesticides subject to 35 the final ruling in Washington Toxics Coalition, et al., v. EPA shall not be applied 36 within 60 feet for ground applications or within 300 feet for aerial applications of 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 42 January 2015 the subject waterbodies and shall be applied by a qualified professional in 1 accordance with state and federal law. 2 (6) New development shall provide stormwater management facilities designed, 3 constructed, and maintained in accordance with the latest version of the 4 Ecology's Stormwater Management Manual for Eastern Washington, including 5 the use of BMPs. Additionally, new development shall implement low-impact 6 development techniques where feasible and necessary to fully implement the core 7 elements of the Surface Water Design Manual. 8 (7) For development activities with the potential for adverse impacts on water quality 9 or quantity in a stream or Fish and Wildlife Habitat Conservation Area, a 10 Critical Areas Report as prescribed in the PMC 29.01, Article V, Critical Areas, 11 shall be prepared. Such reports should discuss the project’s potential to exacerbate 12 water quality parameters, which are impaired, and for which total maximum daily 13 loads for that pollutant have been established, and prescribe any necessary 14 mitigation and monitoring. 15 (8) All materials that may come in contact with water shall be constructed of 16 materials, such as untreated wood, concrete, and approved plastic composites or 17 steel, that will not adversely affect water quality or aquatic plants or animals. 18 Materials used for decking or other structural components shall be approved by 19 applicable state agencies for contact with water to avoid discharge of pollutants 20 from wave or boat wake splash, rain, or runoff. Wood treated with creosote, 21 copper chromium arsenic, or pentachlorophenol is prohibited in shoreline 22 waterbodies. 23 29.01.260 Public Access 24 (1) Applicants required to provide shoreline public access shall provide physical or 25 visual access, consistent with the City of Pasco’s Public Access Plan and other 26 agencies’ management plans when applicable, unless specifically exempted in this 27 section. Examples of physical and visual access are listed below: 28 (a) Visual Access. Visual public access may consist of view corridors, 29 viewpoints, or other means of visual approach to public waters. 30 (b) Physical Access. Physical public access may consist of a dedication of 31 land or easement and a physical improvement in the form of a walkway, 32 trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, 33 view platform, or other area serving as a means of physical approach to 34 public waters. 35 (2) Except as provided in PMC 29.01.260 (3) below, new uses shall provide for safe 36 and convenient public access to and along the shoreline where any of the 37 following conditions are present: 38 (a) The development is proposed by a public entity or on public lands; 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 43 January 2015 (b) The nature of the proposed use, activity, or development will likely result 1 in an increased demand for public access to the shoreline; 2 (c) The proposed use, activity, or development is not a water-oriented or other 3 preferred shoreline use, activity, or development under the SMA such as a 4 non-water-oriented commercial or recreational use; 5 (d) The proposed use, activity, or development may block or discourage the 6 use of customary and established public access paths, walkways, trails, or 7 corridors; 8 (e) The proposed use, activity, or development will interfere with the public 9 use, activity, and enjoyment of shoreline areas or waterbodies subject to 10 the public trust doctrine; 11 (f) The proposed use, activity, or development includes key areas for public 12 access recommended in the City’s Public Access Plan and/or 13 Shoreline Restoration Plan; or 14 (g) The proposed activity is a publicly financed shoreline erosion-control 15 measure (when feasible). 16 (3) An applicant shall not be required to provide public access where one or more of 17 the following conditions apply, provided such exceptions shall not be used to 18 prevent implementing the City’s Public Access Plan and other agencies’ 19 management plans. In determining the infeasibility, undesirability, or 20 incompatibility of public access in a given situation, the City shall consider 21 alternative methods of providing public access, such as off-site improvements, 22 viewing platforms, separation of uses through site planning and design, and 23 restricting hours of public access: 24 (a) Proposed use, activity, or development only involves the construction of 25 four or fewer single-family or multi-family dwellings; 26 (b) Proposed use is within an area where public access is not proposed in the 27 Public Access Plan, and the use will not increase public access demand or 28 reduce public access; 29 (c) Proposed use is an agricultural activity; 30 (d) The nature of the use, activity, or development or the characteristics of the 31 site make public access requirements inappropriate due to health, safety 32 (including consistency with Crime Prevention Through Environmental 33 Design [CPTED] principles, where applicable), or environmental hazards; 34 the proponent shall carry the burden of demonstrating by substantial 35 evidence the existence of unavoidable or unmitigable threats or hazards to 36 public health, safety, or the environment that would be created or 37 exacerbated by public access upon the site; 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 44 January 2015 (e) An existing, new, or expanded road or utility crossing through shoreline 1 jurisdiction shall not create the need for public access if the development 2 being accessed or served by the road or utility is located outside of 3 shoreline jurisdiction; 4 (f) The proposed use, activity, or development has security requirements that 5 are not feasible to address through the application of alternative design 6 features for public access such as off-site improvements, viewing 7 platforms, and separation of uses through site planning and design; 8 (g) The economic cost of providing for public access at the site is 9 unreasonably disproportionate to the total long-term economic value of the 10 proposed use, activity, or development; 11 (h) Safe and convenient public access already exists in the general vicinity, 12 and/or the Public Access Plan shows adequate public access at the 13 property; 14 (i) Public access has reasonable potential to threaten or harm the natural 15 functions and native characteristics of the shoreline and/or is deemed 16 detrimental to threatened or endangered species under the 17 Endangered Species Act; and 18 (j) The site is within or part of an overall development, a binding Site Plan, or 19 a planned unit development, which has previously provided public access 20 adequate to serve the project in full build-out through other application 21 processes. 22 (4) Public access shall be located and designed to respect private property rights, be 23 compatible with the shoreline environment, protect ecological functions and 24 processes, protect aesthetic values of shoreline, and provide for public safety 25 (including consistency with CPTED principles, where applicable). 26 (5) For any development where public access in not required, shared community 27 access may be allowed if there is no existing or planned public access along the 28 shoreline identified in the City, and other agencies' plan. Where provided, 29 community access shall be subject to all applicable development standards of this 30 section. Shared community access is not required when any of the conditions 31 under PMC 29.01.260 (3) applies. 32 (6) General Performance Standards: 33 (a) Uses, activities, and developments shall not interfere with the regular and 34 established public use. 35 (b) Shoreline substantial development or conditional uses shall minimize the 36 impact on views of shoreline waterbodies from public land or substantial 37 numbers of residences. 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 45 January 2015 (c) Proponents shall include within their shoreline applications an evaluation 1 of a proposed use, activity, or development's likely adverse impact on 2 current public access and future demands for access to the site. Such 3 evaluation shall consider potential alternatives and mitigation measures to 4 further the policies of this SMP and the provisions of this section. 5 (d) Public access easements, trails, walkways, corridors, and other facilities 6 may encroach upon any buffers or setbacks required in PMC 29.01, 7 Article V, Critical Areas, or under other provisions of this SMP, provided 8 that such encroachment does not conflict with other policies and 9 regulations of this SMP, and no net loss of ecological function can be 10 achieved. Any encroachment into a buffer or setback must be as close to 11 the landward edge of the buffer as possible. 12 (e) Public access facilities shall accommodate persons with disabilities, unless 13 determined infeasible by the Shoreline Administrator. 14 (7) Trails and Levees: 15 (a) Existing improved and primitive public trails shall be maintained and 16 enhanced. 17 (b) Shoreline in private ownership should provide public access when feasible 18 as follows: 19 (i) Easement for public access; and 20 (ii) Physical or visual public access when feasible and when 21 mentioned in the City’s Public Access Plan, or other agencies’ 22 management plan. 23 (c) Where public access is to be provided by dedication of public access 24 easements along the OHWM, the minimum width of such easements shall 25 be 20 feet. 26 (d) The total width of trail, including shoulders, shall be 10 feet maximum or 27 as required by Americans with Disabilities Act (ADA) regulations. 28 (e) Pervious pavings are encouraged for all trails and are required for trail 29 shoulders. 30 (f) Trails should make use of an existing constructed grade such as those 31 formed by an abandoned rail grade, road, or utility when feasible. 32 (g) Trails shall be located, constructed, and maintained so as to avoid, to the 33 maximum extent possible, removal and other impacts to perennial native 34 vegetation consistent with a Habitat Management Plan. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 46 January 2015 (h) Trails on private properties and not open for public use shall be up to 1 5 feet wide. 2 (8) Rights-of-way, Easements, and Streets for Public Access: 3 (a) The City shall maintain public rights-of-ways or easements as a means of 4 retaining public access on the shoreline. Proposed use, activity, or 5 developments shall maintain public access provided by public street ends, 6 public utilities, and rights-of-way. 7 (b) The public easements required pursuant to this section, for the purpose of 8 providing access across or through the site to the OHWM, shall be 9 maintained by the property owner to provide for reasonable and safe 10 public access to the OHWM. 11 (9) Where public access routes terminate, connections should be made with the 12 nearest public street unless determined by the Shoreline Administrator to be 13 infeasible. Public access facilities required for an approved or permitted use, 14 activity, or development shall be completed prior to occupancy and use of the site 15 or operation of the activity. Public access shall make adequate provisions, such as 16 screening, buffer strips, fences, and signs, to prevent trespass upon adjacent 17 properties and to protect the value and enjoyment of adjacent or nearby private 18 properties and natural areas. 19 (10) Off-site public access may be permitted by the City where it results in an equal or 20 greater public benefit than on-site public access, or when on-site limitations of 21 security, environment, compatibility, or feasibility are present. Off-site public 22 access may include, but is not limited to, adequate access on public lands in 23 proximity to the site, opportunity to increase public lands and access with 24 adjoining or proximate public area, enhancing a City-designated public property 25 (e.g., existing public recreation site, existing public access, road abutting a body 26 of water, or similar) in accordance with City standards, or other related measures. 27 (11) Signage: 28 (a) Signage to be approved by the Shoreline Administrator shall be 29 conspicuously installed along public access easements, trails, walkways, 30 corridors, and other facilities to indicate the public's right of use and the 31 hours of operation. Public access and interpretive displays may be 32 provided for publicly funded restoration projects where significant 33 ecological impacts are addressed. The proponent shall bear the 34 responsibility for establishing and maintaining signs. 35 (b) The Shoreline Administrator may require the proponent to post signage 36 restricting or controlling the public’s access to specific shoreline areas. 37 The proponent shall bear the responsibility for establishing and 38 maintaining such signage. 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 47 January 2015 29.01.270 Flood Hazard Reduction 1 (1) Development in floodplains shall avoid significantly or cumulatively increasing 2 flood hazards. Development shall be consistent with this SMP, as well as 3 applicable guidelines of FEMA and PMC 29.01.550, Flood Hazard Areas, and 4 PMC 24.20, Provisions for Flood Hazard protection. 5 (2) Existing structural flood hazard reduction measures, such as levees, may be 6 repaired and maintained as necessary to protect legal uses on the landward side of 7 such structures. Increases in height of an existing levee, with any associated 8 increase in width, that may be needed to prevent a reduction in the authorized 9 level of protection of existing legal structures and uses shall be considered an 10 element of repair and maintenance. 11 (3) Flood hazard reduction measures shall not result in channelization of normal 12 stream flows, interfere with natural hydraulic processes such as channel 13 migration, or undermine existing structures or downstream banks. 14 (4) New development and subdivisions. Approve new development or subdivisions 15 when it can be reasonably foreseeable that the development or use would not 16 require structural flood hazard reduction measures within floodway during the life 17 of the development or use consistent with the following 18 (WAC 173-26-221(3)(c)(i)): 19 (a) Floodway: 20 (i) New development and subdivisions shall be subject to applicable 21 floodway regulations in PMC 29.01.550, Flood Hazard Areas, and 22 PMC 24.20, Provisions for Flood Hazard protection. 23 (5) New public and private structural flood hazard reduction measures shall be 24 approved when a scientific and engineering analysis demonstrates the following: 25 (a) They are necessary to protect existing development; 26 (b) Non-structural measures such as setbacks, land use controls, wetland 27 restoration, dike removal, use or structure removal or relocation, 28 biotechnical measures, and stormwater management programs are not 29 feasible; 30 (c) Adverse impacts on ecological functions and priority species and habitats 31 can be successfully mitigated so as to ensure no net loss; and 32 (d) Appropriate vegetation conservation actions are undertaken consistent 33 with PMC 29.01.240, Shoreline Vegetation Conservation. 34 (6) Flood hazard reduction measures shall be placed landward of associated wetlands 35 and designated shoreline buffers, except for actions that increase ecological 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 48 January 2015 functions, such as wetland restoration, or when no other alternative location to 1 reduce flood hazard to existing development is feasible as determined by the 2 Shoreline Administrator. 3 (7) New public structural flood hazard reduction measures, such as levees, shall 4 dedicate and improve public access pathways, unless public access improvements 5 would cause unavoidable health or safety hazards to the public, inherent and 6 unavoidable security problems, unacceptable and unmitigable significant adverse 7 ecological impacts, unavoidable conflict with the proposed use, or a cost that is 8 disproportionate and unreasonable to the total long-term cost of the development. 9 (8) In those instances when management of vegetation as required by this SMP 10 conflicts with vegetation provisions included in state, federal, or other flood 11 hazard agency documents governing City-authorized, legal flood hazard reduction 12 measures, the vegetation requirements of this SMP will not apply. However, the 13 applicant shall submit documentation of these conflicting provisions with any 14 shoreline permit applications and shall comply with all other provisions of this 15 section and this SMP that are not strictly prohibited by the approving flood hazard 16 agency. 17 (9) The removal of gravel or other riverbed material for flood-management purposes 18 shall be consistent with the PMC 29.01.350, Dredging and Dredge Material 19 Disposal, and PMC 29.01.390, Mining, and be allowed only after a biological and 20 physical conditions study shows extraction has no effect on or provides a 21 long-term benefit to flood hazard reduction, and does not result in a net loss of 22 ecological functions. 23 (10) Roads shall be located outside the floodway, except necessary crossings, which 24 shall be placed perpendicular to the waterbody as much as is physically feasible. 25 New transportation facilities shall be designed so the effective base flood storage 26 volume of the floodplain is not reduced. The applicant shall provide all necessary 27 studies, reports, and engineering analyses, which shall be subject to review and 28 modification by the Shoreline Administrator. If proposed transportation facilities 29 effectively provide flood control, they shall comply with policies and regulations 30 of this section. 31 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 49 January 2015 Article IV. Shoreline Modifications and Use Regulations 1 29.01.300 Agriculture 2 (1) The SMP shall not require modification of or limit existing agricultural activities 3 occurring on agricultural lands consistent with RCW 90.58.065. 4 (2) For shoreline areas used for agriculture, new uses, activities, and development 5 that are not existing and ongoing, agriculture shall be subject to the following 6 requirements: 7 (a) Such uses, activities, and development shall be allowed or permitted in a 8 manner to ensure maintenance of ecological functions and be consistent 9 with the City’s land use plan. 10 (b) If the new use, activity, or development is more intensive than the existing 11 land use, no significant vegetation removal, development, or grading shall 12 occur in the shoreline buffer without associated mitigation, except as 13 necessary to accommodate low-intensity, water-dependent uses and public 14 access that sustains ecological functions. 15 (c) New agricultural lands created by diking, draining, or filling wetlands 16 shall not be allowed. 17 (d) Conversion of land for new agricultural use or activities that are not 18 consistent with the PMC Title 25, Zoning, shall not be allowed. 19 (3) A Substantial Development Permit shall be required for all agricultural 20 developments not specifically exempted by the provisions of 21 PMC 29.01.770 (4)(e) except for agricultural developments in 22 Shoreline Residential environment designation where a Shoreline Conditional Use 23 Permit shall be required. 24 (4) SMP provisions shall apply in the following cases: 25 (a) New agricultural activities on land not meeting the definition of 26 agricultural land; 27 (b) Expansion of agricultural activities on non-agricultural lands; 28 (c) Conversion of agricultural lands to other uses; 29 (d) Other development on agricultural land that does not meet the definition 30 of agricultural activities; and 31 (e) Agricultural development and uses not specifically exempted by the SMA. 32 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 50 January 2015 (5) New non-agricultural activities proposed on agricultural lands shall be consistent 1 with the environment designation and the Shoreline Use and Modification Matrix 2 table (PMC 29.01.200 (2)), as well as other applicable shoreline use standards, 3 including Commercial (PMC 29.01.340) or Residential (PMC 29.01.420). 4 (6) Agricultural uses and development shall be located and designed to ensure no net 5 loss of ecological functions and no significant adverse impact on other shoreline 6 resources and values. 7 (7) New feedlots are prohibited in shoreline areas. 8 (8) Agricultural uses and activities shall prevent and control erosion of soils and bank 9 materials within shoreline areas. They shall minimize siltation, turbidity, 10 pollution, and other environmental degradation of watercourses and wetlands. 11 (9) Agricultural chemicals shall be applied in a manner consistent with BMPs for 12 agriculture and PMC 29.01.250 (5). 13 (10) New agricultural activities shall not remove existing native or non-native, but 14 non-noxious, weed vegetation between all cropland or pasture areas and adjacent 15 waters or wetlands pursuant to the critical areas provisions of this SMP. 16 (11) Agricultural development shall conform to applicable state and federal policies 17 and regulations. 18 29.01.320 Boating Facilities 19 (1) General Requirements: 20 (a) All boating uses, development, and facilities shall protect the rights of 21 navigation. 22 (b) Boating facilities shall be sited and designed to ensure no net loss of 23 shoreline ecological functions and shall meet Washington State 24 Department of Natural Resources (WDNR) requirements and other state 25 guidance if located in or over state-owned aquatic lands. 26 (c) Boating facilities shall be located on stable shorelines in areas where: 27 (i) Such facilities will not adversely affect flood channel capacity or 28 otherwise create a flood hazard; 29 (ii) Water depths are adequate to minimize spoil disposal, filling, 30 beach enhancement, and other channel maintenance activities; and 31 (iii) Water depths are adequate to prevent the structure from grounding 32 out at the lowest low water or stoppers are installed to prevent 33 grounding out. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 51 January 2015 (d) Boating facilities shall not be located: 1 (i) Where new dredging will be required; or 2 (ii) Where wave action caused by boating use would increase bank 3 erosion rates, unless no-wake zones are implemented at the 4 facility. 5 (e) Boating uses and facilities shall be located far enough from public 6 swimming beaches and aquaculture harvest areas to alleviate any aesthetic 7 or adverse impacts, safety concerns, and potential use conflicts. 8 (f) In-water work shall be scheduled to protect biological productivity 9 (including, but not limited to, fish runs, spawning, and benthic 10 productivity). 11 (g) Accessory uses at boating facilities shall be: 12 (i) Limited to water-oriented uses, including uses that provide 13 physical or visual shoreline access for substantial numbers of the 14 general public; and 15 (ii) Located as far landward as possible, while still serving their 16 intended purposes. 17 (h) Parking and storage areas shall be landscaped or screened to provide 18 visual and noise buffering between adjacent dissimilar uses or scenic 19 areas. 20 (i) Boating facilities shall locate where access roads are adequate to handle 21 the traffic generated by the facility and shall be designed so that lawfully 22 existing or planned public shoreline access is not unnecessarily blocked, 23 obstructed, or made dangerous. 24 (j) Joint-use moorage with 10 or more berths is regulated under this section as 25 a marina (Section C below). Joint-use moorage with fewer than 10 berths 26 is regulated under this section as a dock or pier (see PMC 29.01.400, Piers 27 and Docks). 28 (k) All marinas and public launch facilities shall provide at least portable 29 restroom facilities for boaters’ use that are clean, well-lit, safe, and 30 convenient for public use. 31 (l) Installation of boat waste disposal facilities, such as pump-outs and 32 portable dump stations, shall be required at all marinas and shall be 33 provided at public boat launches to the extent possible. The locations of 34 such facilities shall be considered on an individual basis in consultation 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 52 January 2015 with the Washington State Department of Health, Ecology, WDNR, 1 Washington State Parks, and WDFW, as necessary. 2 (m) All utilities shall be placed at or below dock levels or below ground, as 3 appropriate. 4 (n) When appropriate, marinas and boat launch facilities shall install public 5 safety signs that include the locations of fueling facilities, pump-out 6 facilities, and locations for proper waste disposal. 7 (o) Boating facilities shall be constructed of materials that will not adversely 8 affect water quality or aquatic plants and animals over the long term. 9 Materials used for submerged portions, decking, and other components 10 that may come in contact with water shall be approved by applicable state 11 agencies for use in water to avoid discharge of pollutants from wave 12 splash, rain, or runoff. Wood treated with creosote, copper chromium, 13 arsenic, pentachlorophenol, or other similarly toxic materials is prohibited 14 for use in moorage facilities. 15 (p) Boating facilities in waters providing a public drinking water supply shall 16 be constructed of untreated materials such as untreated wood, approved 17 plastic composites, concrete, or steel (see PMC 29.01. 250, Water Quality, 18 Stormwater, and Nonpoint Pollution). 19 (q) Vessels shall be restricted from extended mooring on waters of the state, 20 except as allowed by state regulations and provided that a lease or 21 permission is obtained from the state and impacts to navigation and public 22 access are mitigated. 23 (2) Boat Launch Facilities: 24 (a) Public boat launch facilities may be allowed in areas where no launching 25 opportunities exist within close proximity of a site (within less than 26 3 miles distance by road on a waterbody) or as mentioned in the Public 27 Access Plan. 28 (b) Boat launch and haul-out facilities, such as ramps, marine travel lifts and 29 marine railways, and minor accessory buildings, shall be designed and 30 constructed in a manner that minimizes adverse impacts on fluvial 31 processes, biological functions, aquatic and riparian habitats, water 32 quality, navigation, and neighboring uses. 33 (c) Boat launch facilities shall be designed and constructed using 34 methods/technology that have been recognized and approved by state and 35 federal resource agencies as the best currently available. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 53 January 2015 (3) Marinas: 1 (a) Marinas shall be designed to: 2 (i) Provide flushing of all enclosed water areas; 3 (ii) Allow the free movement of aquatic life in shallow water areas; 4 and 5 (iii) Avoid and minimize any interference with geohydraulic processes 6 and disruption of existing shore forms. 7 (b) Open pile or floating breakwater designs shall be used unless it can be 8 demonstrated that riprap or other solid construction would not result in 9 any greater net impacts to shoreline ecological functions, processes, fish 10 passage, or shore features. 11 (c) Wet-moorage marinas shall locate a safe distance from domestic sewage 12 or industrial waste outfalls. 13 (d) To the maximum extent possible, marinas and accessory uses shall share 14 parking facilities. 15 (e) New marina development shall provide public access amenities such as 16 viewpoints, interpretive displays, and public access to accessory 17 water-enjoyment uses (e.g., restaurants). 18 (f) If a marina is to include gas and oil handling facilities, such facilities shall 19 be separate from main centers of activity in order to minimize the fire and 20 water pollution hazards and to facilitate fire and pollution control. Marinas 21 shall have adequate facilities and procedures for fuel handling and storage, 22 and the containment, recovery, and mitigation of spilled petroleum, 23 sewage, and other potentially harmful or hazardous materials and toxic 24 products. 25 (g) The marina operator shall be responsible for the collection and dumping of 26 sewage, solid waste, and petroleum waste. 27 29.01.330 Breakwater, Jetties, Groins, and Weirs 28 (1) Breakwaters shall be allowed in environments defined in PMC 29.01.200 (2), 29 Shoreline Use and Modification Matrix, with a Shoreline Conditional Use Permit. 30 (2) New, expanded, or replacement groins and weirs shall only be permitted if the 31 applicant demonstrates that the proposed groin or weir will not result in a net loss 32 of shoreline ecological functions and the structure is necessary for 33 water-dependent uses, public access, shoreline stabilization, or other specific 34 public purposes. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 54 January 2015 (3) Groins and weirs shall require a Conditional Use Permit, except when such 1 structures are installed to protect or restore ecological functions such as 2 installation of groins that may eliminate or minimize the need for hard shoreline 3 stabilization. 4 (4) Groins and weirs shall be located, designed, constructed, and operated consistent 5 with mitigation sequencing principles, including avoiding critical areas, as 6 provided in PMC 29.01.230, Environmental Protection. 7 29.01.340 Commercial Development 8 (1) Water-dependent commercial development shall be given priority over 9 non-water-dependent commercial uses within shoreline environments. 10 Secondarily, water-related and water-oriented uses shall be given priority over 11 non-water-oriented commercial uses. 12 (2) Non-water-oriented commercial uses shall be allowed if they can demonstrate at 13 least one or more of the following: 14 (a) The commercial use is part of a mixed-use project that includes 15 water-dependent uses and provides a significant public benefit with 16 respect to the objectives of the SMA. 17 (b) Navigability is severely limited at the proposed site, including 18 opportunities for non-motorized boating or other water-oriented uses. 19 (c) The commercial use is physically separated from the shoreline by another 20 property, public right-of-way, or levee. 21 (d) The commercial use is farther upland than 200 feet from the OHWM; 22 therefore, a water-oriented use is not a viable option. 23 (3) Non-water-oriented uses, including, but not limited to, residential uses, may be 24 located with water-oriented commercial uses provided: 25 (a) The mixed-use project includes one or more water-dependent uses. 26 (b) Water-dependent commercial uses, as well as other water-oriented 27 commercial uses, have preferential locations along the shoreline. 28 (c) The underlying zoning district permits residential uses together with 29 commercial uses. 30 (d) Public access is provided and/or ecological restoration is provided as a 31 public benefit. 32 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 55 January 2015 (4) Review Criteria. The City shall utilize the following information in its review of 1 all commercial development applications: 2 (a) Whether there is a water-oriented aspect of the proposed commercial use 3 or activity when it is located within 200 feet of the OHWM; 4 (b) Whether the proposed commercial use is consistent with the Shoreline Use 5 and Modification Matrix (PMC 29.01.200 (2)); 6 (c) Whether the application has the ability to enhance compatibility with the 7 shoreline environment and adjacent uses; 8 (d) Whether adequate provisions are made for public and private visual and 9 physical shoreline access; and 10 (e) Whether the application makes adequate provisions to prevent adverse 11 environmental impacts and provide for shoreline ecological or critical area 12 mitigation, where appropriate. 13 (5) Commercial development shall be designed and maintained in a manner 14 compatible with the character and features of surrounding areas. Developments 15 are encouraged to incorporate low-impact development techniques into new and 16 existing projects and integrate architectural and landscape elements that recognize 17 the river and lake environments. The City may prescribe and modify project 18 dimensions, screening standards, setbacks, or operation intensities to achieve this 19 purpose. 20 (6) Eating and drinking facilities and lodging facilities shall be oriented to provide 21 views to the waterfront, when such view is available from the site. 22 (7) Commercial uses shall provide for public access as a condition of approval, unless 23 such public access is demonstrated by the proponent to be infeasible or 24 inappropriate for the shoreline pursuant to PMC 29.01.260, Public Access. 25 (8) Commercial uses shall provide for suitable measures to rehabilitate and enhance 26 the shoreline ecology as a condition of approval. 27 (9) Non-water-oriented commercial uses shall not be allowed over water in any 28 shoreline environment. 29 (10) All commercial loading and service areas shall be located upland or away from 30 the shoreline. Provisions shall be made to screen such areas with walls, fences, 31 and landscaping and to minimize aesthetic impacts. 32 (11) The storage of potentially hazardous or dangerous substances or wastes is 33 prohibited in the floodway or within 200 feet of the OHWM, whichever boundary 34 extends farthest landward. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 56 January 2015 (12) Development shall be located, designed, and constructed in a manner that ensures 1 no net loss of shoreline ecological functions and without significant adverse 2 impacts on other preferred land uses and public access features. 3 29.01.350 Dredging and Dredge Material Disposal 4 (1) Dredging: 5 (a) New dredging shall be permitted only where it is demonstrated that the 6 proposed water-dependent or water-related uses will not result in 7 significant or ongoing adverse impacts to water quality, Fish and Wildlife 8 Habitat Conservation Areas and other critical areas, flood holding 9 capacity, natural drainage and water circulation patterns, significant plant 10 communities, prime agricultural land, and public access to shorelines, 11 unless one or more of these impacts cannot be avoided. When such 12 impacts are unavoidable, they shall be minimized and mitigated such that 13 they result in no net loss of shoreline ecological functions. 14 (b) Dredging and dredge disposal shall be prohibited on or in archaeological 15 sites that are listed on the National Register of Historic Places and the 16 Washington Heritage Register until such time that they have been 17 reviewed and approved by the appropriate agency. 18 (c) Dredging techniques that cause minimum dispersal and broadcast of 19 bottom material shall be used, and only the amount of dredging necessary 20 shall be permitted. 21 (d) Dredging shall be permitted only: 22 (i) For navigation or navigational access; 23 (ii) In conjunction with a water-dependent use of waterbodies or 24 adjacent shoreline areas; 25 (iii) As part of an approved habitat improvement project; 26 (iv) To improve water flow or water quality, provided that all dredged 27 material shall be contained and managed so as to prevent it from 28 re-entering the water; or 29 (v) In conjunction with a bridge, navigational structure, or wastewater 30 treatment facility for which there is a documented public need and 31 where other feasible sites or routes do not exist. 32 (e) Dredging for fill is prohibited except where the material is necessary for 33 restoration of shoreline ecological functions. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 57 January 2015 (2) Dredge Material Disposal: 1 (a) Upland dredge material disposal within shoreline jurisdiction is 2 discouraged. In the limited circumstances when it is allowed, it will be 3 permitted under the following conditions: 4 (i) Shoreline ecological functions and processes will be preserved, 5 restored, or enhanced, including protection of surface and 6 groundwater; 7 (ii) Erosion, sedimentation, floodwaters, or runoff will not increase 8 adverse impacts on shoreline ecological functions and processes or 9 property; and 10 (iii) The site will ultimately be suitable for a use allowed by this SMP. 11 (b) Dredge material disposal shall not occur in wetlands, except as authorized 12 by Conditional Use Permit as part of a shoreline restoration project. 13 (c) Dredge material disposal within areas assigned an Aquatic environment 14 designation may be approved only when authorized by applicable 15 agencies, which may include the USACE pursuant to Section 404 16 (Clean Water Act) permits, WDFW’s Hydraulic Project Approval, and/or 17 the Dredged Material Management Program of the WDNR; and when one 18 of the following conditions apply: 19 (i) Land disposal is infeasible, less consistent with this SMP, or 20 prohibited by law; or 21 (ii) Disposal as part of a program to restore or enhance shoreline 22 ecological functions and processes is not feasible. 23 (d) Dredge materials approved for disposal within areas assigned an Aquatic 24 environment designation shall comply with the following conditions: 25 (i) Aquatic habitat will be protected, restored, or enhanced; 26 (ii) Adverse effects on water quality or biologic resources from 27 contaminated materials will be mitigated; 28 (iii) Shifting and dispersal of dredge material will be minimal; and 29 (iv) Water quality will not be adversely affected. 30 (e) When required by the Shoreline Administrator, revegetation of land 31 disposal sites shall occur as soon as feasible in order to retard wind and 32 water erosion and to restore the wildlife habitat value of the site. Native 33 species shall be used in the revegetation. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 58 January 2015 (f) Dredge material disposal operating periods and hours shall be limited to 1 those stipulated by the WDFW and hours from 7:00 AM to 5:00 PM 2 Monday through Friday, except in time of emergency as authorized by the 3 Shoreline Administrator. Provisions for buffers at land disposal or transfer 4 sites, in order to protect public safety and other lawful interests and to 5 avoid adverse impacts, shall be required. 6 (3) Submittal Requirements. The following information shall be required for all 7 dredging applications: 8 (a) A description of the purpose of the proposed dredging and analysis of 9 compliance with the policies and regulations of this SMP. 10 (b) A detailed description of the existing physical character, shoreline 11 geomorphology, and biological resources provided by the area proposed to 12 be dredged, including: 13 (i) A site plan map outlining the perimeter of the proposed dredge 14 area, including the existing bathymetry (water depths that indicate 15 the topography of areas below the OHWM), and having data points 16 at a minimum of 2-foot depth increments. 17 (ii) A Critical Areas Report. 18 (iii) A mitigation plan, if necessary, to address any identified adverse 19 impacts on ecological functions or processes. 20 (iv) Information on stability of areas adjacent to proposed dredging and 21 spoils disposal areas. 22 (v) A detailed description of the physical, chemical, and biological 23 characteristics of the dredge materials to be removed, including: 24 (A) Physical analysis of material to be dredged (e.g., material 25 composition and amount, grain size, organic materials 26 present, and source of material). 27 (B) Chemical analysis of material to be dredged (e.g., volatile 28 solids, chemical oxygen demand, grease and oil content, 29 and mercury, lead, and zinc content). 30 (C) Biological analysis of material to be dredged. 31 (c) A description of the method of materials removal, including facilities for 32 settlement and movement. 33 (d) Dredging procedure, including the length of time it will take to complete 34 dredging, method of dredging, and amount of materials removed. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 59 January 2015 (e) Frequency and quantity of project maintenance dredging. 1 (f) Detailed plans for dredge spoil disposal, including specific land disposal 2 sites and relevant information on the disposal site, including, but not 3 limited to: 4 (i) Dredge material disposal area; 5 (ii) Physical characteristics, including location, topography, existing 6 drainage patterns, and surface and groundwater; 7 (iii) Size and capacity of disposal site; 8 (iv) Means of transportation to the disposal site; 9 (v) Proposed dewatering and stabilization of dredged material; 10 (vi) Methods of controlling erosion and sedimentation; and 11 (vii) Future use of the site and conformance with land use policies and 12 regulations. 13 (g) Total estimated initial dredge volume. 14 (h) Plan for disposal of maintenance spoils for at least a 20-year period, if 15 applicable. 16 (i) Hydraulic modeling studies sufficient to identify existing geohydraulic 17 patterns and probable effects of dredging. 18 29.01.360 Fill and Excavation 19 (1) Fill and excavation waterward of the OHWM, except to support ecological 20 restoration, requires a Conditional Use Permit and may be permitted only when: 21 (a) In conjunction with water-dependent or public access uses allowed by this 22 SMP; 23 (b) In conjunction with a bridge, levee, or transportation facility of statewide 24 significance, for which there is a demonstrated public need and where no 25 feasible upland sites, design solutions, or routes exist; 26 (c) In conjunction with implementation of an interagency environmental 27 cleanup plan to clean up and dispose of contaminated sediments; 28 (d) Disposal of dredged material considered suitable under, and conducted in 29 accordance with, the Washington State Dredged Material Management 30 Program; or 31 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 60 January 2015 (e) In conjunction with any other environmental restoration or enhancement 1 project. 2 (2) Waterward of the OHWM, pile or pier supports shall be utilized whenever 3 feasible in preference to fills. Fills for approved road development in floodways 4 or wetlands shall be permitted only if pile or pier supports are proven not feasible. 5 (3) Fill upland and waterward of the OHWM, including in non-watered side 6 channels, shall be permitted only where it is demonstrated that the proposed 7 action will not: 8 (a) Result in significant ecological damage to water quality, fish, and/or 9 wildlife habitat; 10 (b) Adversely alter natural drainage and circulation patterns, currents, or river 11 flows, or significantly reduce flood water capacities; 12 (c) Alter geomorphic or hydrologic processes; and 13 (d) Significantly reduce public access to the shoreline or significantly 14 interfere with shoreline recreational uses. 15 (4) Fills are prohibited in the floodway, except when approved by Conditional Use 16 Permit and where required in conjunction with uses allowed by this SMP. 17 (5) Fills are allowed in floodplains outside of the floodway only where they would 18 not alter the hydrologic characteristics or flood storage capacity, or inhibit 19 channel migration that would, in turn, increase flood hazard or other damage to 20 life or property and are consistent with FEMA standards and PMC 24.20, 21 Provisions for Flood Hazard Protection, and PMC 29.01.550, Flood Hazard 22 Areas. 23 (6) Fill shall be of the minimum amount and extent necessary to accomplish the 24 purpose of the fill. 25 (7) Excavation waterward of the OHWM or within wetlands shall be considered 26 dredging for purposes of this SMP. 27 (8) Fills or excavation shall not be located where shore stabilization will be necessary 28 to protect materials placed or removed. Disturbed areas shall be immediately 29 stabilized and revegetated, as applicable. 30 (9) Fills, beach development or nourishment, and excavation shall be designed to 31 blend physically and visually with existing topography whenever possible, so as 32 not to interfere with long-term appropriate use, including lawful access and 33 enjoyment of scenery. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 61 January 2015 29.01.370 Industrial Development 1 (1) Water-dependent industrial development shall be given priority over 2 non-water-dependent commercial uses within shoreline environments. 3 Secondarily, water-related and water-oriented uses shall be given priority over 4 non-water-oriented commercial uses. 5 (2) Non-water-oriented industrial uses shall be allowed if they can demonstrate one 6 or more of the following: 7 (a) The industrial use is part of a mixed-use project that includes 8 water-dependent uses and provides a significant public benefit with 9 respect to the objectives of the SMA. 10 (b) Navigability is severely limited at the proposed site, including 11 opportunities for non-motorized boating or other water-oriented uses. 12 (c) The industrial use is physically separated from the shoreline by another 13 property, public right-of-way, or levee. 14 (d) The industrial use is farther upland than 200 feet from the OHWM; 15 therefore, a water-oriented use is not a viable option. 16 (3) Where industrial use is proposed for location on land in public ownership, public 17 access should be required unless such public access is demonstrated by the 18 proponent to be infeasible or inappropriate for the shoreline pursuant to 19 PMC 29.01.260, Public Access. 20 (4) Industrial uses shall provide for suitable measures to rehabilitate and enhance the 21 shoreline ecology as a condition of approval. 22 (5) Non-water-oriented industrial uses shall not be allowed over water in any 23 shoreline environment. 24 (6) All industrial loading and service areas shall be located upland or away from the 25 shoreline, except when loading services are water-dependent such as barge 26 facilities. Provisions shall be made to screen upland loading areas with walls, 27 fences, and landscaping and to minimize aesthetic impacts. 28 (7) The new storage of potentially hazardous or dangerous substances or wastes is 29 prohibited in the floodway or within 200 feet of the OHWM, whichever boundary 30 extends farthest landward. 31 (8) Industrial development will be located, designed, or constructed in a manner that 32 ensures no net loss of shoreline ecological functions and such that it does not have 33 significant adverse impacts to other shoreline resources and values. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 62 January 2015 29.01.380 In-stream Structures 1 (1) In-stream structures are those structures placed by humans within a stream or 2 river waterward of the OHWM that either cause or have the potential to cause 3 water impoundment or the diversion, obstruction, or modification of water flow. 4 In-stream structures may include those for hydroelectric generation, irrigation, 5 water supply, flood control, transportation, utility service transmission, structures 6 primarily intended for fisheries management, or other purposes. Docks, piers, and 7 marinas are not regulated as in-stream structures in this section of the SMP. See 8 PMC 29.01.450, Transportation: Trails, Roads, and Parking, and PMC 29.01.460, 9 Utilities, for regulations governing road and utility crossings of streams. 10 (2) General: 11 (a) The location, planning, and design of in-stream structures shall be 12 compatible with the following: 13 (i) The full range of public interests; existing agricultural activities; 14 water diversion operations, maintenance, and facility upgrade 15 activities; and providing for public access to shoreline waters, 16 desire for protection from floods, and need for preservation of 17 historic and cultural resources. 18 (ii) Protection and preservation of ecosystem-wide processes and 19 ecological functions, including, but not limited to, fish and 20 wildlife, with special emphasis on protecting and restoring priority 21 habitats and species and water resources and hydrogeological 22 processes within the context of the hydrology and water 23 management effects of the Columbia and Snake river operations 24 and McNary Pool conditions, as applicable. 25 (b) New structures shall be designed, located, and constructed consistent with 26 mitigation sequencing principles in PMC 29.01.230, Environmental 27 Protection, and as otherwise limited by floodplain regulations found in 28 PMC 29.01.270, Flood Hazard Reduction, and PMC 29.01.550, Flood 29 Hazard Areas. 30 (c) New structures shall be designed and located to minimize removal of 31 riparian vegetation and, if applicable, to return flow to the stream in as 32 short a distance as possible. 33 (d) In-stream structures shall provide for adequate upstream and downstream 34 migration of resident fish, as applicable, and shall not adversely affect 35 salmonid fish species or adversely modify salmonid fish habitat, as 36 applicable. 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 63 January 2015 (e) Utilities and transmission lines shall be located so as to minimize 1 obstruction or degradation of views and comply with applicable provisions 2 of the Utilities section of this SMP. 3 (f) Mitigation shall be required of the proponent for the loss of ecological 4 functions and processes pursuant to PMC 29.01.230, Environmental 5 Protection, and PMC 29.01, Article V, Critical Areas. No net loss in 6 function, value, or acreage shall occur from such development. 7 (3) Submittal Requirements. In addition to the standard requirements listed in 8 PMC 29.01.730, Application Requirements, all permit applications for in-stream 9 structures shall contain, at a minimum, the following additional information: 10 (a) A site suitability analysis, which provides sufficient justification for the 11 proposed site; the analysis must fully address alternative sites for the 12 proposed development. 13 (b) Proposed location and design of primary and accessory structures, 14 transmission equipment, utility corridors, and access/service roads. 15 (c) A plan that describes the extent and location of vegetation, which is 16 proposed to be removed to accommodate the proposed facility, and any 17 site revegetation plans required by this SMP. 18 (d) A hydraulic analysis prepared by a licensed professional engineer that 19 sufficiently describes the project’s effects on streamway hydraulics, 20 including potential increases in base flood elevation, changes in stream 21 velocity, and the potential for redirection of the normal flow of the 22 affected stream. 23 (e) A hydrologic analysis that analyzes the project’s effects on ecological 24 processes, including delivery and rate of water and sediment, 25 geomorphology, and recruitment of organic material. 26 (f) Biological resource inventory and analysis that sufficiently describes the 27 project’s effects on fish and wildlife resources, prepared by a qualified 28 professional as defined in the Critical Areas section of this SMP. 29 (g) Provision for erosion control, protection of water quality, and protection of 30 fish and wildlife resources during construction. 31 (h) Long-term management plans that describe in sufficient detail the 32 provisions for protection of in-stream resources during construction and 33 operation; the plan shall include means for monitoring its success. 34 29.01.390 Mining 35 (1) Mining shall be prohibited waterward of the OHWM. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 64 January 2015 (2) Mining facilities shall be located within shoreline jurisdiction only when no 1 feasible sites are available outside shoreline jurisdiction and only after the 2 applicant has demonstrated compliance with the mitigation sequencing 3 requirements of PMC 29.01.230, Environmental Protection. 4 (3) Mining in shoreline jurisdiction shall only be approved when the material 5 proposed to be extracted is only available in a shoreline location. This 6 determination shall be based on an evaluation of geologic factors such as the 7 distribution and availability of mineral resources for that jurisdiction, the need for 8 such mineral resources, and economic, transportation, and land use factors. This 9 demonstration may rely on analysis or studies prepared for purposes of the 10 Comprehensive Plan’s designations and may be integrated with any relevant 11 environmental review conducted under (SEPA; RCW 43.21C) or otherwise be 12 shown in a manner consistent with RCW 90.58.100(1) and 13 WAC 173-26-201(2)(a), as amended. 14 (4) Mining facilities and associated activities shall be designed and located to prevent 15 loss of ecological function. 16 (5) Application for permits for mining operations shall be accompanied by operation 17 plans, reclamation plans, and analysis of environmental impacts sufficient to 18 make a determination as to whether the project will result in net loss of shoreline 19 ecological functions and processes during the course of mining and after 20 reclamation, and how impacts will be mitigated to achieve no net loss of these 21 functions. Creation, restoration, or enhancement of habitat for priority species and 22 the future productivity of the site may be considered in determining no net loss of 23 ecological functions. 24 (6) Mining proposals must be coordinated and compliant with state Surface Mining 25 Reclamation Act requirements (RCW 78.44, WAC 332-18). 26 (7) Preference shall be given to mining uses that result in the creation, restoration, or 27 enhancement of habitat for priority species. 28 29.01.400 Piers and Docks 29 (1) All boating uses, development, and facilities shall protect the rights of navigation 30 and demonstrate no net loss of ecological functions, including providing on-site 31 and off-site mitigation, as applicable. 32 (2) Shared moorage serving single-family use consisting of docks and piers with 33 more than four berths, commercial moorage available to the general public, and 34 moorage related to clubs or other groups not associated with a particular 35 residential development are regulated as Boating Facilities under PMC 29.01.320, 36 Boating Facilities. 37 (3) Docks and piers with four or fewer berths or any number of mooring buoys are 38 regulated under this section. 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 65 January 2015 (4) Boating facilities shall avoid: 1 (a) Areas where shoreline modification is required for approach and other 2 upland facilities. 3 (b) Locations where they would adversely impact upland riparian or nearshore 4 habitat for aquatic species. 5 (c) Locations where they would adversely affect flood channel capacity or 6 create a flood hazard. 7 (d) Locations where water depths for vessels are not adequate without 8 dredging. 9 (5) Boating facilities, except those accessory to single-family residences, shall 10 provide public access in accordance with PMC 29.01.260, Public Access, of this 11 SMP and shall be located and designed such that existing public access to public 12 shorelines is not obstructed nor made hazardous. 13 (6) All in- and over-water structures shall be constructed of materials that will not 14 adversely affect water quality or aquatic plants and animals during the long term. 15 Wood treated with creosote, pentachlorophenol, or other similarly toxic materials 16 is prohibited. Docks shall be constructed of untreated materials such as untreated 17 wood, approved plastic composites, concrete, or steel. 18 (7) Vessels shall be restricted from extended mooring on waters of the state, except as 19 allowed by state regulations and unless a lease or other permission is obtained 20 from the state and impacts to navigation and public access are mitigated. 21 (8) Boat Launches: 22 (a) Boat launches accessory to single-family and multi-family residential uses 23 are prohibited. 24 (b) Private boat launches shall be allowed only for water-dependent uses and 25 marinas and only when it is demonstrated that public boat launches will 26 not feasibly serve the use. Rail and track systems shall be preferred over 27 concrete ramps. 28 (c) New public boat launches for general public use or expansion of public 29 boat launches by adding launch lanes shall demonstrate that: 30 (i) Water depths are adequate to avoid the need for dredging and 31 eliminate or minimize potential loss of shoreline ecological 32 functions or other shoreline resources from offshore or foreshore 33 channel dredging. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 66 January 2015 (ii) Adjacent residential properties will not be adversely affected by 1 adverse proximity impacts such as noise, light and glare, or scale 2 and aesthetic impacts. Fencing or landscape areas may be required 3 to provide a visual screen. 4 (iii) Exterior lighting will not adversely impact aquatic species. 5 (iv) Adequate provisions are made for restroom, sewage, and solid 6 waste disposal facilities in compliance with applicable health 7 regulations. 8 (v) Access and parking shall not produce traffic hazards, shall not 9 result in excessive noise or other impacts, shall minimize traffic 10 impacts on nearby streets, and shall include adequate parking for 11 boat trailers. Parking on public streets may be allowed for peak 12 periods if it is demonstrated that such parking will not adversely 13 impact through traffic or residential uses. 14 (9) New moorage to serve a single-family residence may be allowed only if: 15 (a) It is consistent with the USACE McNary Pool Management Plan. 16 (b) An applicant demonstrates that existing facilities (boat launches and 17 public and private marinas) are not reasonably available to meet demand. 18 (c) The lot does not have access to shared moorage in an existing subdivision, 19 and there is no homeowners association or other corporate entity capable 20 of developing shared moorage. 21 (d) In cases where a new dock or pier is approved, the City may require an 22 agreement to share with nearby residences with water frontage and 23 provide for expansion to serve such additional users. 24 (10) A dock or pier serving a single-family residence shall meet the following 25 standards: 26 (a) Piers and Ramps: 27 (i) To prevent damage to shallow-water habitat, piers and ramps shall 28 extend at least 40 feet perpendicular from the OHWM. In some 29 instances and sites, it may not be practical to extend a ramp 40 feet 30 from OHWM (for instance, where this could conflict with 31 navigation). The City may grant exceptions on a case-by-case basis 32 depending on documentation of specific limitation that exist and in 33 coordination with other permitting agencies. 34 (ii) Piers and ramps shall be no more than 4 feet in width. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 67 January 2015 (iii) The bottom of either the pier or landward edge of the ramp shall be 1 elevated at least 2 feet above the plane of OHWM. 2 (iv) Grating shall cover the entire surface area (100%) of the pier or 3 ramp. The open area of grating shall be at least 50%, as rated by 4 the manufacturer. 5 (v) Skirting shall not be placed on piers, ramps, or floats. Protective 6 bumper material will be allowed along the outside edge of the 7 float, as long as the material does not extend below the bottom 8 edge of the float frame or impede light penetration. 9 (vi) Shoreline concrete anchors must be placed at least 10 feet 10 landward from the OHWM and shall be sized no larger than 11 4-feet-wide by 4 -feet-long, unless otherwise approved by the City, 12 National Oceanic and Atmospheric Administration (NOAA) 13 fisheries, USACE, and WDFW. The maximum anchor height shall 14 be only what is necessary to elevate the bottom of either the pier or 15 landward edge of the ramp at least 2 feet above the plane of 16 OHWM. The intent of this criterion is to limit impacts to riparian 17 vegetation along the shoreline. The City may grant exceptions 18 from the 10-foot landward requirement if site conditions warrant. 19 Exceptions shall be made on a case-by-case basis and based on 20 documentation of a specific limitation that exists and in 21 coordination with other permitting agencies. 22 (b) Preservatives: 23 (i) The dock shall be built with materials that do not leach 24 preservatives or other materials. 25 (ii) No treated wood of any kind shall be used on any overwater 26 structure (float, pier, or ramp). 27 (iii) No paint, stain, or preservative shall be applied to the overwater 28 structure. 29 (c) General: 30 (i) No electricity shall be provided to, or on, the overwater structure. 31 (ii) No boat lifts or watercraft lifts (e.g., Jet Ski lifts) of any type will 32 be placed on, or in addition to, the overwater structure. The City 33 may grant exceptions on a case-by-case basis in coordination with 34 other permitting agencies if the applicant can demonstrate that the 35 proposed boat lift meets the intent of the criteria to minimize 36 structure, maximize light penetration, and maximize depth. 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 68 January 2015 However, these structures must meet the size criteria of the plan 1 (total 160 square feet). 2 (iii) Shoreline armoring (i.e., bulkheads, riprap, and retaining walls) 3 shall not occur in association with installation of the overwater 4 structure. 5 (iv) Construction of the overwater structure shall be completed during 6 the in-water work window (November 1 to February 28). 7 (d) Piling and Float Anchors: 8 (i) Piling shall not exceed 8 inches in diameter. The intent of this 9 criterion is not to require existing pilings to be removed, cut, or 10 capped, but to place limits on the size of new pilings. The City 11 may grant exceptions to allow for larger pilings on a case-by-case 12 basis and in coordination with other permitting agencies in areas 13 where safety considerations merit it. 14 (ii) Pilings shall be spaced at least 18 feet apart on the same side of 15 any component of the overwater structure. The pier/ramp and float 16 are separate components. 17 (iii) Each overwater structure shall utilize no more than four piles total 18 for the entire project. A combination of two piles and four helical 19 anchors may be used in place of four piles. 20 (iv) All pilings shall be fitted with devices to prevent perching by 21 piscivorous (fish-eating) birds. 22 (v) Submerged float anchors will be constructed from concrete and 23 shall be horizontally compressed in form, by a factor of five or 24 more, for a minimum profile above the stream bed (the horizontal 25 length and width will be at least five times the vertical height). A 26 helical screw anchor may be utilized where substrate allows. The 27 owner shall be responsible for demonstrating feasibility and for 28 proper installation such that anchor displacement does not occur. 29 (vi) No in-water fill material will be allowed, with the exception of 30 pilings and float anchors. (Note: uncured concrete or its 31 by-products shall not be allowed.) 32 (e) Floats: 33 (i) Float components shall not exceed the dimensions of 8-by-20 feet, 34 or an aggregate total of 160 square feet, for all float components. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 69 January 2015 (ii) Flotation materials shall be permanently encapsulated to prevent 1 breakup into small pieces and dispersal in water (e.g., rectangular 2 float tubs). 3 (iii) Grating shall cover 100% of the surface area of the float(s). The 4 open area of the grating shall be no less than 50%, as rated by the 5 manufacturer. 6 (iv) Functional grating will cover no less than 50% of the float. 7 (v) Floats shall not be located in shallow-water habitat where they 8 could ground or impede the passage or rearing of any salmonid life 9 stage. 10 (vi) Nothing shall be placed on the overwater structure that will reduce 11 natural light penetration through the structure. 12 (vii) Floats shall be positioned at least 40 feet horizontally from the 13 OHWM and no more than 100 feet from the OHWM, as measured 14 from the landward-most edge of the float. Adjustments to this 15 requirement may be made on an individual basis where street 16 compliance with this standard may present safety issues or be 17 excessive for site conditions. 18 (viii) Project construction shall cease during high-flow conditions that 19 could result in inundation of the project area, except for efforts to 20 avoid or minimize resource damage. 21 (11) Shared residential docks and piers shall generally meet the standards for 22 single-family docks above, except that the number of floats and the size of piers 23 and other facilities may be increased to serve additional slips to provide one 24 moorage space per residence served. 25 (12) Docks and piers shall be set back a minimum of 10 feet from side property lines, 26 except that joint-use facilities may be located closer to, or upon, a side property 27 line when agreed to by contract or covenant with the owners of the affected 28 properties. This agreement shall be recorded with the County Auditor and a copy 29 filed with the Shoreline Permit application. 30 (13) Moorage related to subdivision: 31 (a) New subdivisions and short plats shall contain a restriction on the face of 32 the plat prohibiting individual docks. A site for community or shared 33 moorage shall be designated on the plat and owned in undivided interest 34 by property owners within the subdivision. Shared moorage facilities shall 35 be available to lots with water frontage in the subdivision. The over-water 36 area of the dock shall be made available to other lots and the public for 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 70 January 2015 community access and may be required to provide public access 1 depending on the scale of the facility. 2 (b) Approval of a shared moorage for a subdivision shall be subject to the 3 following criteria: 4 (i) There is no reasonably available public or private moorage that can 5 serve the moorage needs of the residences or the subdivision. 6 (ii) Shared moorage to serve new development shall be limited to the 7 amount of moorage needed to serve lots with water frontage. One 8 moorage space per lot may not be presumed. 9 (iii) The size of a dock must consider the use of mooring buoys for 10 some or all moorage needs and the use of all or part of the dock to 11 allow tender access to mooring buoys. 12 (iv) Public access shall be provided in all shared docks utilizing public 13 aquatic lands that accommodate five or more vessels. 14 (c) If a community or shared dock is not developed at the time of subdivision, 15 a community association shall be established with the authority to levy 16 assessments within the subdivision to construct and maintain a community 17 dock in the future. The failure of a subdivision to develop a community or 18 shared dock shall not affect the prohibition on individual docks. 19 (14) Multi-family residences, hotels, motels, and other commercial developments 20 proposing to provide moorage facilities shall meet the criteria for a marina. Use of 21 the moorage must be open to the general public on the same basis as residents or 22 occupants and shall provide public access. If approved, no more than one 23 joint-use moorage facility may be provided for a parcel or development. 24 (15) Applications for docks or piers serving single commercial or industrial enterprises 25 shall demonstrate that: 26 (a) The facility serves a water-dependent use; 27 (b) The facility is the minimum size required to serve the proposed use, 28 provided that provisions for expansion or future joint use may be 29 provided; 30 (c) The facility minimizes impacts to the extent feasible. Where impacts are 31 unavoidable, the facility mitigates impacts to navigation, aquatic habitat, 32 upland habitat, public access to the water for recreation, fishing and 33 similar use, and public access to publicly accessible lands below the 34 OHWM. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 71 January 2015 (16) Commercial or industrial moorage facilities shall demonstrate that: 1 (a) The dock or pier shall be the minimum length required to serve the use. 2 (b) Access from the shore to piers or floats shall minimize water cover in 3 order to minimize impacts to shallow-water habitat. 4 (c) Piers and ramps shall be elevated to provide the maximum feasible light 5 penetration. 6 (d) Grating, or clear translucent material, shall be utilized to the maximum 7 extent feasible to provide light penetration. 8 (e) Floats shall be constructed and attached so they do not ground out on the 9 substrate. 10 (f) Pile spacing shall be the maximum feasible to minimize shading and avoid 11 a wall effect that would block or baffle wave patterns, currents, littoral 12 drift, or movement of aquatic life forms, or result in structure damage 13 from driftwood impact or entrapment. 14 (g) Pile diameter shall be minimized while meeting structural requirements. 15 (h) Covered structures may be permitted only to serve a water-dependent use 16 where it is demonstrated that adequate upland sites are not feasible and the 17 area covered is the minimum necessary to serve the use. 18 29.01.410 Recreational Development 19 (1) General Preferences: 20 (a) Recreational uses and facilities shall include features that relate to access, 21 enjoyment, and use of the City’s shorelines. 22 (b) Both passive and active shoreline recreation uses are allowed. 23 (c) Water-oriented recreational uses and activities are preferred in shoreline 24 jurisdiction. Water-dependent recreational uses shall be preferred as a first 25 priority and water-related and water-enjoyment recreational uses as a 26 second priority. 27 (d) Existing passive recreational opportunities, including nature appreciation, 28 non-motorized trails, public education regarding shoreline ecological 29 functions and processes, environmental interpretation, and native habitat 30 protection, shall be maintained. Opportunities incorporating educational 31 and interpretive information shall be included in design and operation of 32 recreation facilities and nature trails when feasible. 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 72 January 2015 (e) Preference shall be given to the development and enhancement of public 1 access to the shoreline to increase fishing, boating, and other water-related 2 recreational opportunities. 3 (2) General Performance Standards: 4 (a) The potential adverse impacts of all recreational uses shall be mitigated, 5 and adequate provisions for shoreline rehabilitation shall be made part of 6 any proposed recreational use or development to ensure no net loss of 7 shoreline ecological function. 8 (b) Sites with fragile and unique shoreline conditions, such as high-quality 9 wetlands and wildlife habitats, shall be used only for non-intensive 10 recreation activities such as trails, viewpoints, interpretive signage, and 11 similar passive and low-impact facilities that result in no net loss of 12 shoreline ecological function, and do not require the construction and 13 placement of permanent structures. 14 (c) For proposed recreation developments that require the use of fertilizers, 15 pesticides, or other toxic chemicals, the proponent shall specify the BMPs 16 to be used to prevent these applications and resultant leachate from 17 entering adjacent waters. 18 (d) Recreational developments shall be located and designed to preserve, 19 enhance, or create scenic views and vistas. 20 (e) In approving shoreline recreational developments, the 21 Shoreline Administrator shall ensure the development will maintain, 22 enhance, or restore desirable shoreline features, including unique and 23 fragile areas, scenic views, and aesthetic values. The 24 Shoreline Administrator may, therefore, adjust or prescribe project 25 dimensions, on-site location of project components, intensity of use, 26 screening, lighting, parking, and setback requirements. 27 (3) Signs indicating the public's right to access shoreline areas shall be installed and 28 maintained in conspicuous locations at all points of access. 29 (4) Recreational developments shall provide facilities for non-motorized access to the 30 shoreline, such as pedestrian and bicycle paths, and equestrian access, as 31 applicable. New motorized vehicle access shall be located and managed to protect 32 riparian, wetlands, and shrub-steppe habitat functions and value. 33 (5) Proposals for recreational developments shall include a landscape plan indicating 34 how native, self-sustaining vegetation is incorporated into the proposal to 35 maintain ecological functions. The removal of on-site native vegetation shall be 36 limited to the minimum necessary for the development of permitted structures or 37 facilities and shall be consistent with provisions of PMC 29.01.240, Shoreline 38 Vegetation Conservation, and PMC 29.01, Article V, Critical Areas. 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 73 January 2015 (6) Accessory uses and support facilities such as maintenance facilities, utilities, and 1 other non-water-oriented uses shall be consolidated and located in upland areas 2 outside shoreline, wetland, and riparian buffers unless such facilities, utilities, and 3 uses are allowed in shoreline buffers based on the regulations of this SMP. 4 (7) The placement of picnic tables, playground apparatus, and other similar minor 5 components within the floodways shall be permitted, provided such structures are 6 located and installed in such a manner as to prevent them from being swept away 7 during a flood event. 8 (8) Recreational facilities shall make adequate provisions, such as screening, 9 landscaping buffer strips, fences, and signs, to prevent trespass on adjacent 10 properties and to protect the value and enjoyment of adjacent or nearby private 11 properties and natural areas, as applicable. 12 (9) Recreational facilities or structures are only allowed to be built over water when 13 they provide public access or facilitate a water-dependent use and shall be the 14 minimum size necessary to accommodate the permitted activity. 15 (10) Recreational developments shall make adequate provisions for: 16 (a) On-site and off-site access and, where appropriate, equestrian access; 17 (b) Appropriate water supply and waste disposal methods; and 18 (c) Security and fire protection. 19 (11) Structures associated with recreational development shall not exceed 35 feet in 20 height, except for as noted in PMC 29.01.210, Development Standards, when 21 such structures document that the height above 35 feet will not obstruct the view 22 of a substantial number of adjoining residences. 23 (12) Recreational development shall minimize effective impervious surfaces in 24 shoreline jurisdiction and incorporate low-impact development techniques. 25 29.01.420 Residential Development 26 (1) Single-family residential development is a preferred use when it is developed in a 27 manner consistent with SMP provisions. 28 (2) Residential development shall be located and constructed to result in no net loss 29 of shoreline ecological function. 30 (3) Lots for residential use shall have a maximum density consistent with City’s 31 Comprehensive Plan and zoning regulations. 32 (4) Accessory uses and structures shall be located outside of the riparian buffer, 33 unless the structure is or supports a water-dependent use. Storage structures to 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 74 January 2015 support water-related uses are not water-dependent uses, and therefore, shall be 1 located outside of the riparian buffer. 2 (5) All residential development shall be located or designed in such a manner as to 3 prevent measurable degradation of water quality from stormwater runoff. 4 Adequate mitigation measures shall be required and implemented where there is 5 the reasonable potential for such adverse effect on water quality. 6 (6) New shoreline residences and appurtenant structures shall be sufficiently set back 7 from steep slopes and shorelines vulnerable to erosion so structural 8 improvements, including bluff walls and other shoreline stabilization and 9 flood-control structures, are not necessary to protect proposed residences and 10 associated uses. 11 (7) New floating residences and overwater residential structures shall be prohibited in 12 shoreline jurisdiction. 13 (8) New, multi-unit residential development, including duplexes, fourplexes, and the 14 subdivision of land into five or more lots, shall make adequate provisions for 15 public access consistent with the regulations set forth in PMC 29.01.260, 16 Public Access. 17 (9) New residential development shall connect with sewer systems, as required by the 18 PMC. 19 (10) All new residential development shall meet the vegetation management 20 provisions contained in PMC 29.01.240, Shoreline Vegetation Conservation, and 21 PMC 29.01.530, Fish and Wildlife Habitat Conservation Areas. 22 (11) Residential development clustering may be required by the 23 Shoreline Administrator where appropriate to minimize ecological and visual 24 impacts on shorelines, including minimization of impacts on shoreline vegetation 25 consistent with PMC 29.01.240, Shoreline Vegetation Conservation. 26 29.01.430 Shoreline Habitat and Natural Systems Enhancement Projects 27 (1) Shoreline restoration and enhancement activities designed to restore or enhance 28 shoreline ecological functions and processes and/or shoreline features should be 29 targeted toward meeting the needs of sensitive and/or regionally important plant, 30 fish, and wildlife species, and shall be given priority. 31 (2) Shoreline restoration, enhancement, and mitigation activities designed to create 32 dynamic and sustainable ecosystems to assist the City in achieving no net loss of 33 shoreline ecological functions are preferred. 34 (3) Restoration activities shall be carried out in accordance with an approved 35 Shoreline Restoration Plan and in accordance with the provisions of this SMP. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 75 January 2015 (4) To the extent possible, restoration, enhancement, and mitigation activities shall be 1 integrated and coordinated with other parallel natural resource management 2 efforts, such as those identified in the Shoreline Restoration Plan. 3 (5) Habitat creation, expansion, restoration, and enhancement projects may be 4 permitted subject to required state or federal permits when the applicant has 5 demonstrated that: 6 (a) The primary objective is clearly restoration or enhancement of the natural 7 character or ecological function of the shoreline; 8 (b) The project will not adversely impact spawning, nesting, or breeding in 9 Fish and Wildlife Habitat Conservation Areas; 10 (c) Upstream or downstream properties or Fish and Wildlife Habitat 11 Conservation Areas will not be adversely affected; 12 (d) Water quality will not be degraded; 13 (e) Flood storage capacity will not be degraded; 14 (f) Impacts to critical areas and buffers will be avoided and where 15 unavoidable, minimized and mitigated; and 16 (g) The project will not interfere with the normal public use of the navigable 17 waters of the state. 18 (6) The Shoreline Administrator shall review the projects for consistency with this 19 SMP in an expeditious manner and shall issue its decision along with any 20 conditions within 45 days of receiving all materials necessary to review the 21 request for exemption from the applicant (see PMC 29.01.770, Exemptions from 22 Shoreline Substantial Development Permits). 23 29.01.440 Shoreline Stabilization 24 (1) Shoreline restoration and enhancement activities designed to restore shoreline 25 ecological functions and processes and/or shoreline features should be targeted 26 toward meeting the needs of sensitive and/or regionally important plant, fish, and 27 wildlife species, and shall be given priority. 28 (2) New shoreline stabilization for new development is prohibited unless it can be 29 demonstrated that reasonable use of a lot or parcel legally created prior to the 30 effective date of this SMP is precluded without shore protection or is necessary to 31 restore ecological functions or hazardous substance remediation. 32 (3) Proposed designs for new or expanded shoreline stabilization shall be designed in 33 accordance with applicable state guidelines, must use the most current scientific 34 and technical information available, must document that alternative solutions are 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 76 January 2015 not feasible or do not provide sufficient protection, must demonstrate that future 1 stabilization measures would not be required on the project site or adjacent 2 properties, and be certified by a qualified professional. 3 (4) Land subdivisions and lot line adjustments shall be designed to ensure future 4 development of the newly created lots will not require structural stabilization for 5 subsequent development to occur. 6 (5) New or expanded structural shoreline stabilization is prohibited except when 7 necessity is demonstrated consistent with the requirements of 8 WAC 173-26-231(3)(a)(iii). Necessity is demonstrated through conclusive 9 evidence documented by a geotechnical analysis that there is a significant 10 possibility that the structure will be damaged within 3 years as a result of 11 shoreline erosion caused by wind/wave action or other hydraulic forces and only 12 when significant adverse impacts are mitigated to ensure no net loss of shoreline 13 ecological functions and/or processes. 14 (6) Replacement of an existing shoreline stabilization structure with a similar 15 structure is permitted if there is a demonstrated need to protect existing primary 16 uses, structures or public facilities, including roads, bridges, railways, irrigation 17 and utility systems from erosion caused by stream undercutting or wave action. 18 The existing shoreline stabilization structure will be removed from the shoreline 19 as part of the replacement activity. Replacement walls or bulkheads shall not 20 encroach waterward of the OHWM or existing structure unless the facility was 21 occupied prior to January 1, 1992, and there are overriding safety or 22 environmental concerns. Proposed designs for new or expanded shore 23 stabilization shall be in accordance with applicable state guidelines and certified 24 by a qualified professional. 25 (7) Where a geotechnical analysis confirms a need to prevent potential damage to a 26 primary structure, but the need is not as immediate as 3 years, the analysis may 27 still be used to justify more immediate authorization for shoreline stabilization 28 using bioengineering approaches. 29 (8) Shoreline stabilization projects that are part of a fish habitat enhancement project 30 meeting the criteria of RCW 77.55.181, will be authorized through a 31 Shoreline Exemption. Stabilization projects that are not part of such a fish 32 enhancement project will be regulated by this SMP. 33 (9) Small-scale shoreline stabilization projects (e.g., tree planting projects or other 34 minimally intrusive enhancements) shall be reviewed by a qualified professional 35 to ensure the project has been designed using the most current scientific and 36 technical information available. 37 (10) Large-scale or more complex shoreline stabilization projects (e.g., projects 38 requiring fill or excavation, placing objects in the water, or hardening the bank) 39 shall be designed by a qualified professional using the most current scientific and 40 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 77 January 2015 technical information available. The applicant may be required to have a qualified 1 professional oversee construction or construct the project. 2 (11) New stabilization structures, when found to be necessary, will implement the 3 following standards: 4 (a) Limit the size of the project to the minimum amount necessary; 5 (b) Include measures to ensure no net loss of shoreline ecological functions; 6 and 7 (c) Use biotechnical bank stabilization techniques unless those are 8 demonstrated to be infeasible or ineffective before implementing “hard” 9 structural stabilization measures. 10 29.01.450 Transportation: Trails, Roads, and Parking 11 (1) New or expanded motor vehicle and rail transportation facilities shall not be 12 located within shoreline jurisdiction, unless: 13 (a) The proponent demonstrates that no feasible upland alternatives exist; 14 (b) The project represents the minimum development necessary to serve 15 another specific, localized, and permitted shoreline use; or 16 (c) In the case of a water crossing, the proponent demonstrates the project is 17 necessary to further a substantial public interest. 18 (2) When new roads or road expansions are unavoidable in shoreline jurisdiction, 19 proposed transportation facilities shall be planned, located, and designed to 20 achieve the following: 21 (a) Meet mitigation sequencing provisions of PMC 29.01.230 Environmental 22 Protection; 23 (b) Avoid adverse impacts on existing or planned water-oriented uses; 24 (c) Set back from the OHWM to allow for a usable shoreline area for 25 vegetation conservation and any preferred shoreline uses unless infeasible; 26 (d) Minimize grading, vegetation clearing, and alterations of the natural 27 topography; and 28 (e) Use BMPs for preventing erosion and degradation of surface water 29 quality. 30 (3) Improvements to existing motor vehicle and rail transportation facilities shall not 31 interfere with pedestrian and bicycle access and shall, whenever possible, provide 32 for expansion and enhancement of pedestrian and bicycle transportation facilities. 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 78 January 2015 (4) Transportation facilities and services for motor vehicles and rail shall utilize 1 existing transportation corridors whenever possible. 2 (5) The development, improvement, and expansion of pedestrian and bicycle 3 transportation facilities are allowed within all environments. Such transportation 4 facilities are a preferred use wherever they are compatible with the natural 5 character, resources, and ecology of the shoreline. 6 (6) Pedestrian and bicycle transportation facilities shall be designed, located, and 7 constructed consistent with the policies and regulations for public access as 8 provided in PMC 29.01.260, Public Access, of this SMP. Linkage among 9 shoreline parks, recreation areas, and public access points is encouraged, when 10 feasible. 11 (7) Parking facilities are not a water-dependent use and shall only be permitted in the 12 shoreline jurisdiction to support an authorized use where it can be demonstrated to 13 the satisfaction of the Shoreline Administrator that there are no feasible 14 alternative locations away from the shoreline. Parking as a primary use shall not 15 be allowed within 50 feet of edge of riparian vegetation corridor. Accessory 16 parking facilities shall be subject to the same permit type as the primary use. 17 (8) Accessory parking facilities shall be planned to avoid or minimize adverse effects 18 on unique or fragile shoreline features and shall not result in a net loss of 19 shoreline ecological functions or adversely affect existing or planned 20 water-dependent uses. Parking facilities shall be located upland of the principal 21 structure, building, or development they serve, and preferably outside of shoreline 22 jurisdiction, except: 23 (a) Where the proponent demonstrates that an alternate location would reduce 24 adverse impacts on the shoreline and adjacent uses; 25 (b) Where another location is not feasible; and/or 26 (c) Except when ADA standards require otherwise. 27 (d) In such cases, the applicant shall demonstrate use of measures to reduce adverse 28 impacts of parking facilities in shoreline jurisdiction, such as low-impact 29 development techniques, buffering, or other measures approved by the 30 Shoreline Administrator. 31 (9) Parking facilities shall be landscaped in a manner to minimize adverse visual and 32 aesthetic impacts on adjacent shoreline and abutting properties. 33 (10) All forms of transportation facilities shall, wherever feasible, consolidate water 34 crossings and make joint use of rights-of-way with existing or planned future 35 primary utility facilities and other transportation facility modalities. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 79 January 2015 (11) Improvements to all existing transportation facilities shall provide for the 1 reestablishment and enhancement of natural vegetation along the shoreline when 2 appropriate. 3 (12) If located in the side yard or waterward side of a structure, loading areas shall be 4 screened from view of pedestrians on either side of the waterway. The visual 5 screen shall comprise a fence or wall with trees and shrubs consistent with the 6 City’s landscape standards. 7 (13) Shoreline crossings and culverts shall be designed to minimize adverse impacts 8 on riparian and aquatic habitat and shall allow for fish passage. See 9 PMC 29.01.530, Fish and Wildlife Habitat Areas, for regulations governing 10 crossings of non-shoreline streams located in shoreline jurisdiction. 11 (14) Trails shall be designed consistent with public access requirements in 12 PMC 29.01.260, Public Access. 13 29.01.460 Utilities 14 (1) Non-water-oriented utility production and processing facilities and transmission 15 facilities are permitted in shoreline jurisdiction only if no practical upland 16 alternative or location exists. New primary utility production and processing 17 facilities or parts of those facilities, such as power plants, solid waste storage, or 18 disposal facilities that are non-water-oriented, should not be permitted within 19 shoreline jurisdiction unless no other options are feasible. 20 (2) The principal uses permitted by this section include facilities within the 21 High Intensity Public Facilities designation (e.g., hydropower generating dams) 22 and other facilities, including sewage collection, holding, transfer and treatment 23 pipelines, tanks, structures, containment facilities, and buildings. Accessory 24 facilities are also permitted, including, but not limited to: 25 (a) Plant monitoring and control facilities and on-site administrative offices; 26 (b) Plant access and logistical facilities such as storage areas and material 27 handling ramps and facilities, including utility delivery (electrical and 28 communication) facilities; 29 (c) Plant security and safety features such as fences and signage; and 30 (d) Other accessory or auxiliary uses or features, necessary to effective and 31 efficient operation of the plant, which cannot feasibly be located outside 32 the shoreline jurisdiction. 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 80 January 2015 (3) Expansion of existing primary utility facilities within shoreline jurisdiction must 1 demonstrate: 2 (a) The expansion is designed to protect adjacent shorelands from erosion, 3 pollution, or other environmentally detrimental factors during and after 4 construction. 5 (b) The project is planned to fit existing natural topography as much as 6 practical and avoid alteration of the existing natural environment. 7 (c) Debris, overburden, and other construction waste materials shall be 8 disposed of so as to prevent erosion or pollution of a waterbody. 9 (4) New primary utility facilities and expansions shall include provisions to control 10 the quantity and quality of surface water runoff to natural waterbodies, using 11 BMPs to retain natural flow rates. A maintenance program to ensure continued 12 proper functioning of such new facilities shall be required. 13 (5) Applications for installation of utility facilities other than water-dependent 14 facilities within the High Intensity Environment Designation shall include the 15 following: 16 (a) Reason why the utility facility must be in shoreline jurisdiction; 17 (b) Alternative locations considered and reasons for their elimination; 18 (c) Location of the same, similar, or other utility facilities in the vicinity of 19 the proposed project; 20 (d) Proposed method(s) of construction; 21 (e) Plans for reclamation of areas to be disturbed during construction; 22 (f) Landscape plans; 23 (g) Methods to achieve no net loss of ecological function and minimize 24 clearing of native vegetation; and 25 (h) Consistency with City’s plans for utilities, where such plans exist. 26 (6) Applications for installation of utility facilities shall include the following: 27 (a) Proposed method(s) of construction; 28 (b) Plans for reclamation of areas to be disturbed during construction; 29 (c) Landscape plans; and 30 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 81 January 2015 (d) Methods to achieve no net loss of ecological function and minimize 1 clearing of native vegetation. 2 (7) Where feasible, utilities shall be consolidated within a single easement and utilize 3 existing rights-of-way. Any utility located within property owned by the utility, 4 which must of necessity cross shoreline jurisdiction, shall be designed and 5 operated to reserve the option of general public recreational usage of the 6 right-of-way in the future. This option shall be exercised by the public only 7 where: 8 (a) The public will not be exposed to dangers from the utility equipment; and 9 (b) The utility itself will not be subjected to unusual risks of damage by the 10 public. 11 (8) In areas where utilities must cross shoreline jurisdiction, they shall do so by the 12 most direct route feasible, unless such a route would negatively affect an 13 environmentally critical area, obstruct public access to the shoreline, or interfere 14 with the navigability of a waterbody regulated by this SMP. See PMC 29.01.530, 15 Fish and Wildlife Habitat Areas, for regulations governing crossings of non-16 shoreline streams located in shoreline jurisdiction. 17 (9) Utility facilities shall be designed and located in a manner that protects scenic 18 views and minimizes adverse aesthetic impacts. 19 (10) New utilities, which must be constructed across shoreline jurisdiction in 20 previously undisturbed areas, must submit a mitigation plan demonstrating the 21 restoration of the shoreline to at least its existing condition. Upon completion of 22 utility installation or maintenance, any disturbed areas shall be regraded to be 23 compatible with the natural terrain of the area and revegetated with appropriate 24 native plants to prevent erosion. 25 (11) Outside of the Public Facilities Environment Designation, all underwater 26 pipelines or those paralleling the waterway transporting liquids potentially 27 injurious to aquatic life or water quality shall be prohibited, unless no other 28 alternative exists to serve a public interest. In those limited instances where 29 permitted, shut-off valves shall be provided at both sides of the waterbody except 30 for public sanitary sewers of a gravity or siphon nature. In all cases, no net loss of 31 ecological functions shall be maintained. 32 (12) Where utilities cannot cross a shoreline waterbody via a bridge or other existing 33 water crossing, the utilities shall evaluate site-specific habitat conditions and 34 demonstrate whether impacts can mitigated to negatively impact substrate, or 35 whether utilities will need to be bored beneath the waterbody such that the 36 substrate is not disturbed. Construction of pipelines placed under aquatic areas 37 shall be placed in a sleeve to avoid the need for excavation in the event of a 38 failure in the future. 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 82 January 2015 (13) Minor trenching to allow the installation of necessary underground pipes or cables 1 is allowed if no alternative, including boring, is feasible, and if: 2 (a) Impacts on fish and wildlife habitat are avoided to the maximum extent 3 possible. 4 (b) The utility installation shall not increase or decrease the natural rate, 5 extent, or opportunity of channel migration. 6 (c) Appropriate BMPs are employed to prevent water quality impacts or other 7 environmental degradation. 8 (14) Utility installation and maintenance operations shall be conducted in a manner 9 that does not negatively affect surface water quality or quantity. Applications for 10 new utility projects in shoreline jurisdiction shall include a list of BMPs to protect 11 water quality.12 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 83 January 2015 Article V. Critical Areas 1 NOTES FOR PLANNING COMMISSION (TO BE DELETED PRIOR TO FINALIZING 2 SMP): 3 1. This section includes proposed critical area provisions that apply to the critical areas 4 within the City’s shoreline jurisdiction. The proposed regulations are based off of the 5 City’s 2009 CAO, further updated to meet the requirements of the SMA. Updates are 6 shown as redline revisions to show changes required for SMA consistency. 7 2. The administrative provisions of the City’s 2009 CAO were deleted to avoid duplication 8 with SMP administrative provisions. Specific provisions have been deleted in this version 9 for SMA consistency, including the following: 10 a. Reasonable use exceptions. 11 b. Administrative exemptions. 12 c. Waivers. 13 d. Definitions. 14 e. Administrative provisions, including: 15 i. Appeal processes; 16 ii. Permit processes; 17 iii. Penalties; and 18 iv. Enforcement. 19 20 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 84 January 2015 29.01.500 Critical Areas 1 (1) Purpose Of Title.:. 2 (a) The purpose of SMP Article V, Critical Areas, this Title is to conserve and 3 protect the values and functions of environmentally sensitive and 4 hazardous areas, which contribute to public health, safety, and welfare of 5 the community without violating any citizen's constitutional rights to the 6 use of property. as required by the GMA of 1990 (Chapter 17, Laws of 7 1990) and the SMA (RCW 90.58) through the application of the most 8 current scientific and technical information available. 9 (a)(b) The City shall regulate in shoreline jurisdiction all uses, activities, and 10 development within, adjacent to, or likely to affect one or more critical 11 areas. 12 (2) Critical Areas. Critical areas defined by the Growth Management Act, and of 13 concern to the City of Pasco within the shoreline jurisdiction, include: 14 (a) Wetlands; 15 (b) Fish and wildlife habitats; 16 (c) Aquifer recharge areas; 17 (d) Flood hazard areas; and 18 (e) Geologically hazardous areas such as those subject to landslide and steep 19 slope failures, erosion, seismic events, mine collapse, and volcanic 20 hazards. 21 (3) Critical Area Categories. The City finds that these critical areas fall into one or 22 both of the following categories: 23 (a) Critical areas provide a variety of valuable and beneficial biological and 24 physical functions that benefit the City and its residents; and 25 (b) Critical areas pose potential threat to human safety or to public and private 26 property. 27 (4) Intent of Critical Area Regulation. The intent of this section this Title is to 28 implement the provisions of the Growth Management ActGMA, SMA, and the 29 Pasco Comprehensive Plan by managing development in harmony with critical 30 areas. This Title section seeks to: 31 (a) Protect members of the public and public resources and facilities from 32 injury, loss of life, or property damage due to landslides and steep slope 33 failures, erosion, seismic events, volcanic eruptions, or flooding; 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 85 January 2015 (b) Protect unique, fragile and valuable elements of the environment, 1 including fish and wildlife and their habitats; 2 (c) Mitigate unavoidable impacts to environmentally sensitive areas by 3 regulating alterations in and adjacent to critical areas; 4 (d) Prevent cumulative adverse environmental impacts to water quality and 5 wetlands; 6 (e) Meet the requirements of the Washington Growth Management ActGMA 7 (RCW 36.70A), and SMA (RCW 90.58) with regard to the protection of 8 critical area lands; 9 (f) Meet the requirements of the "Best Available Science" rule intended to 10 ensure that best available science is included in the development of local 11 policies and regulations for critical areas pursuant to RCW 36.70A.172(1). 12 The rule also identifies ways to provide special consideration for 13 preserving or enhancing anadromous fisheries, pursuant to RCW 14 36.70A.172 (1); and 15 (g)(f) Coordinate environmental review and permitting of proposals to avoid 16 duplication and delay of desirable actions. 17 (5) Authority. This Title is adopted under the authority of Chapters 36.70 and 18 36.70A, RCW and Article 11 of the Washington State Constitution. 19 (6) Interpretation. In the interpretation and application of this Title, all provisions 20 shall be: 21 (a) Considered the minimum necessary; 22 (b) Liberally construed to serve the purposes of this Title; and, 23 (c) Deemed neither to limit nor repeal any other powers under state statute. 24 Relationship to Other Regulations. Title 25 This section shall apply as an overlay and shall be used in addition to 26 zoning and other regulations established by the City of Pasco. In the event 27 of any conflict between these regulations and any other regulations of the 28 City, the regulations that provide greater protection to environmentally 29 sensitive areas or greater protection from environmental hazards shall 30 apply. 31 It is recognized that many city, county, state, and federal permit conditions 32 may be applied to a proposed action, and that compliance with the 33 provisions of the Title section does not constitute compliance with other 34 such requirements. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 86 January 2015 (d) Satisfaction of the requirements of this Title section shall also be sufficient 1 to satisfy the requirement for critical areas analysis and mitigation 2 pursuant to RCW 43.21C (State Environmental Policy) and Title 23 3 (Environmental Impact) of the City of Pasco Municipal Code. 4 (5) Most Current Scientific and Technical Information:. documents.Best Available 5 Science Documentation. A listing of document sources used in the development 6 of this Title is maintained on file in the City's Community and Economic 7 Development Department, Planning Division. 8 (a) WAC 173.26.201(2)(a) requires the City to identify and assemble the most 9 current, accurate, and complete scientific and technical information 10 available regarding the development of policies related to identification of 11 and policies governing management recommendations for critical areas. 12 (b) Critical Area Reports, mitigation plans, and decisions to permit the 13 alteration of critical areas within the shoreline jurisdiction shall rely on the 14 most current scientific and technical information to ensure the protection 15 of the ecological functions and values of critical areas, and must give 16 special consideration to conservation or protection measures necessary to 17 preserve or enhance anadromous fish and their habitat. 18 (c) The most current scientific and technical information that is consistent 19 with criteria established in WAC 173.26.201(2)(a), and may include the 20 following: 21 (i) Critical area maps; 22 (ii) Maps and reference documents in the City of Pasco’s SMP 23 Inventory, Characterization, and Analysis Report, as applicable; 24 (iii) U.S. Geological Survey (USGS) topographic quadrangle maps; 25 (iv) Aerial photographs; 26 (v) Soil Survey of Franklin County, Washington, by the 27 U.S. Department of Agriculture, Soil Conservation Service; 28 (vi) National Wetland Inventory maps; and 29 (i)(vii) WDFW Priority Habitats and Species maps. 30 31 29.01.510 General Provisions 32 (1) Authorizations Required. Prior to fulfilling the requirements of this Titlesection, 33 the City shall not grant any approval or permission to alter the condition of any 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 87 January 2015 land, water or vegetation, or to construct or alter any structure or improvement 1 including, but not limited to, the following: 2 (a) Building Permit; 3 (b) Conditional Use Permit; 4 (c) Shoreline Conditional Use Permit; 5 (d) Shoreline Substantial Development Permit; 6 (e) Shoreline Variance Permit; 7 (f) Binding Site Plan; 8 (g) Short Subdivision; 9 (h) Subdivision; 10 (i) Zoning Variance Permit; 11 (j) Rezone; or 12 (k) Any other adopted permit or required approval not expressly exempted by 13 this Titlesection 14 (2) Jurisdiction:. 15 (a) This Title section shall apply to all lands, all land uses and development 16 and all structures and facilities in CityPasco’s shoreline jurisdiction, 17 except as exempted under Section 28.12.030 of this Title. This Title 18 section shall apply to every person, individual, firm, partnership, 19 corporation, governmental agency or other entity that owns, leases, or 20 administers land within Pasco the City’s shoreline jurisdiction. 21 (l)(b) This Title section provides regulations for land use and development in 22 and adjacent to critical areas within the City’s shoreline jurisdiction as 23 defined herein. These regulations are additional to, and coordinated with, 24 the Pasco Comprehensive Plan, the Pasco Shoreline Master Program, and 25 regulations adopted pursuant to the Pasco Urban Area Zoning Code and 26 any other applicable regulations adopted by the City of Pasco. This Title 27 does not apply to environmentally sensitive areas waterward of the 28 ordinary high water mark. If there are any conflicts between this Title and 29 other applicable regulations, the most restrictive requirements apply. 30 (3) Exemptions. : 31 (m)(a) All exempted activities shall use reasonable methods supported by the 32 Best Available Sciencemost current scientific and technical information or 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 88 January 2015 accepted Best Management PracticesBMPs with the least amount of 1 potential impact to the critical areas. Any incidental damage to, or 2 alteration of a critical area that is not a necessary outcome of the exempted 3 activity shall be restored, rehabilitated, or replaced at the responsible 4 party's expense. This includes, but is not limited to, access ways or paths, 5 vegetation removal or damage beyond a reasonable work zone, and 6 grading and clearing not essential to the ongoing operation of the site's 7 use. To be exempt from this Title section does not give permission to 8 destroy a critical area or ignore risk from natural hazards. In addition to 9 PMC 29.01.770, Exemptions from Shoreline Substantial Development 10 Permits, provisions for eExempted activities within shoreline jurisdiction 11 critical areas and their buffers are: 12 (i) Emergency activities necessary to prevent an immediate threat to 13 public health, safety, or welfare. An emergency is an unanticipated 14 and imminent threat to the public health or safety or to the 15 environment that requires immediate action within a period of time 16 too short to allow compliance with this Titlesection. Restoration 17 must be initiated within one year of the date of the emergency and 18 must be completed within six (6) months of the initiation date. 19 (ii) Maintenance, operation, and reconstruction of existing structures, 20 facilities, improved areas, utilities, sewage disposal systems, water 21 systems, ponds, or public and private roads and driveways. When 22 such structures are damaged by an act of nature, they may be 23 reconstructed or replaced within two (2) years of the act of nature, 24 provided that the new construction or related activity does not 25 further intrude into a critical area or established buffer. Such 26 reconstruction and replacement is subject to other applicable City 27 regulations and permit requirements. 28 (iii) Modification of any existing structure that does not alter the 29 structure to further intrude into a critical area or established buffer 30 and there isdoes not increased risk to life and property. 31 Modification includes construction of tenant improvements, 32 fences, decks, patios, driveways, signs, and accessory structures. 33 (iv) Operation and maintenance of any system of existing dikes, levees, 34 ditches, drains, or other facilities which were created, developed or 35 utilized primarily as a part of a drainage or diking system. 36 Operation and maintenance does not include the expansion or new 37 construction of drainage ditches and related facilities. 38 (v) Removal of hazardous trees and vegetation and, when necessary, 39 measures to control or prevent a fire or halt the spread of disease or 40 damaging insects consistent with the State Forest Practices Act; 41 RCWChapter 76.09 RCW, provided that no vegetation shall be 42 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 89 January 2015 removed from a critical area or its buffer without approval from 1 the City. 2 (vi) Activities involving artificially created wetlands or streams 3 intentionally created from non-wetland sites, including, but not 4 limited to,: grass-lined swales, irrigation and drainage ditches, 5 detention facilities, and landscape features, except those features 6 that provide critical habitat for anadromous fish and those features 7 thatwhich were created as mitigation for projects or alterations 8 subject to the provisions of this Titlesection. 9 (vii) Passive recreational activities, including, but not limited to, 10 fishing, bird- watching, boating, swimming, hiking, and use of 11 nature trails,; provided the activity does not alter the critical area or 12 its buffer. 13 (viii) The harvesting of wild crops in a manner that is not injurious to 14 natural reproduction of such crops and provided the harvesting 15 does not require tilling soil, planting crops, or changing existing 16 topography, water conditions or water sources. 17 (ix) Educational and scientific research. 18 (x) Construction or modification of navigational aids and boundary 19 markers. 20 (xi) Site investigation work necessary for land use applications such as 21 surveys, soil logs, percolation tests and other related activities. In 22 every case, disturbed areas shall be immediately restored. 23 (xii)(x) Existing and ongoing agricultural activities and related 24 development activities, provided no alteration of flood storage 25 capacity or conveyance, or increase in the extent or nature of 26 impact to a critical area or its buffer occurs, beyond that which has 27 occurred prior to the effective date of this Titlesection. 28 (n)(b) If the proposed activity meets any of the listed exemptions, including any 29 Best Management PracticeBMP and/or restoration requirements, 30 completion of a critical area checklist or further Ccritical Aarea Rreview is 31 not required. The permit aApplicant shall describe the proposed project in 32 writing and identify the criteria in this sSection that apply to the requested 33 exemption and submit this to the City PlannerShoreline Administrator. 34 The Shoreline Administrator City Planner will review the exemption 35 request to verify that it complies with this Title section and certify or 36 reject the exemption. If the project is rejected, the aApplicant may 37 continue in the review process and shall submit to the requirements of the 38 review process. 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 90 January 2015 (2) Reasonable Use Exceptions. 1 (3) Waivers for Subsequent Approvals. 2 (4) Vested Development and Pending Development Approvals. 3 (5) Variances. 4 (4) Critical Area Review.: 5 (a) The City of Pasco shall complete a Critical Area Review prior to granting 6 any shoreline permit approval for a development or other alteration on a 7 site that is found to likely include, or be adjacent to, or have significant 8 impact upon one or more critical areas, unless otherwise provided in this 9 Titlesection. As part of this review, the City Planner Shoreline 10 Administrator shall verify the information submitted by the aApplicant, 11 and: 12 (i) Confirm the extent, nature, and type of any critical areas identified, 13 and evaluate any required Critical Area Detailed Study; 14 (ii) Determine whether the development proposal conforms to the 15 purposes and performance standards of this Titlesection; 16 (iii) Assess impacts on the critical area from the activities and uses 17 proposed and determine whether any proposed alterations to, or 18 impacts upon, critical areas are necessary and unavoidable in order 19 to meet the objectives of the proposal; and 20 (iv) Determine if any required mitigation plans proposed by the 21 aApplicant are sufficient to protect the critical area and public 22 health, safety, and welfare concerns consistent with the goals, 23 purposes, objectives, and requirements of this Titlesection. 24 (b) The Applicant applicant shall be responsible for the initiation, preparation, 25 submission, and expense of all required assessments, studies, plans, 26 reconnaissance, and other work in support of the application. The 27 Applicant applicant shall provide the City with both digital copies and 28 paper copies of reports/studies and maps prepared for the reports/studies, 29 including all geotechnical studies and mapping. 30 (6)(5) Minimum Standards. Any proposed activity shall be conditioned as necessary to 31 mitigate impacts to critical areas to ensure no net loss of ecological function and 32 conform to the pPerformance sStandards required by this Titlesection and 33 PMC 29.01.230, Environmental Protection. Subject to the Reasonable Use 34 Exception of Section 28.12.040, any project that cannot adequately mitigate its 35 impacts to critical areas or meet the Performance Standards required by Chapters 36 28.16 through 28.32 shall be denied. 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 91 January 2015 (7)(6) Concurrent Requirements. Lands characterized by one or more critical area 1 feature may also be subject to other regulations established by this Title section 2 due to overlap or multiple functions of some critical areas. In the event of conflict 3 between regulations, the most restrictive regulations shall apply. 4 (8) Pre-Application Meeting. Any person preparing for the permitting of an activity 5 that may be regulated by the provisions of this Title may request a pre-application 6 meeting with the City prior to the Critical Area Review process. At this meeting, 7 the City Planner shall discuss the requirements of this Title, outline the review 8 process, and work with the activity proponent to identify any potential concerns 9 that might arise during the review process. 10 (7) Critical Area Checklist:. 11 (a) For any proposed activity not found to be exempt under Section 12 28.12.030PMC 29.01.510 (3), or PMC 29.01.770, Exemptions from 13 Shoreline Substantial Development Permits,covered under Section 14 28.12.050, the aApplicant shall complete a critical area checklist on forms 15 provided by the City. The checklist must be submitted to the City 16 PlannerShoreline Administrator prior to consideration of any permit 17 request that requires a Ccritical Aarea Rreview, as described in Section 18 28.12.010PMC 29.01.510, General Provisions. 19 (b) Following receipt of the checklist, the City PlannerShoreline 20 Administrator will conduct a review to determine whether there are any 21 critical area indicators present that may be impacted by the proposal. 22 (8) Initial Determination:. 23 (c)(a) If the City PlannerShoreline Administrator determines that the site 24 potentially includes, or is adjacent to critical areas, or that the proposed 25 project could have significant adverse impacts on critical areas, the City 26 PlannerShoreline Administrator shall notify the Applicant applicant that a 27 Critical Area Detailed Study is required for each of the indicated critical 28 area types. 29 (d)(b) If the review of the checklist and critical area resources do not indicate 30 that critical areas are included or adjacent to the activity, or could suffer 31 probable significant adverse impacts from the activity, then the City 32 PlannerShoreline Administrator shall rule that the Critical Area Review is 33 complete. The determination shall be noted on the checklist. 34 (e)(c) The aApplicant shall acknowledge in writing that a determination 35 regarding the apparent absence of one or more critical areas by the City 36 PlannerShoreline Administrator is not intended to be an expert 37 certification regarding the presence of critical areas and that the 38 determination is subject to possible reconsideration and reopening if new 39 information is received. If the aApplicant wants greater assurance of the 40 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 92 January 2015 accuracy of the Critical Area Review determination, the aApplicant may 1 hire a qualified consultant to provide such assurances. 2 (9) Waivers from Critical Area Detailed Study Requirements:. 3 (f)(a) The City PlannerShoreline Administrator may waive the requirement for a 4 Critical Area Detailed Study if there is substantial evidence that: 5 (i) There will be no alteration of the critical areas or required buffer; 6 (ii) The development proposal will not impact the critical area in a 7 manner contrary to the purpose, intent and requirements of this 8 Titlesection; and 9 (iii) The performance standards required by this Title section will be 10 met. 11 (b) In making the determination, the Shoreline Administrator may use any of 12 the most current scientific information and the Critical Area reference 13 maps and/or inventories identified in PMC 29.01.500 (6). 14 (g)(c) Notice of the findings substantiating the waiver will be attached to the 15 permit and filed with the application records. 16 (9)(10) Critical Area Detailed Studies: 17 (a) Preliminary Reconnaissance. If a Critical Area Detailed Study is 18 determined to be necessary, then a data review and field reconnaissance 19 shall be performed by a qualified consultant for that type of critical area. If 20 the Detailed Study reveals no critical area is present, then a statement of 21 this finding along with supporting evidence shall be prepared by the 22 consultant and submitted to the City. An approved finding of the lack of a 23 critical area shall satisfy all of the requirements for a Detailed Study. 24 (b) Minimum Requirements. If the data review and field reconnaissance 25 reveals that a critical area is present, then a complete Detailed Study shall 26 be prepared by the aApplicant and submitted to the City. At a minimum, a 27 Critical Area Detailed Study shall comply with the specific criteria in 28 Chapters 28.16 through 28.32PMC 29.01.520 through PMC 29.01.560, 29 and clearly document: 30 (i) The boundary and extent of the critical area; 31 (ii) The existing function, value, and/or hazard associated with the 32 critical area; 33 (iii) The probable impact upon the function, value, and/or hazard 34 associated with the critical area from the project as proposed; and 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 93 January 2015 (iv) A mitigation plan including the items in Sections 28.12.180PMC 1 29.01.510 (13). 2 (c) Limitations to Study Area. If the aApplicant, together with assistance from 3 the City, cannot obtain permission for access to properties adjacent to the 4 project area, then the Critical Area Detailed Study may be limited 5 accordingly. 6 (d) Preparation and Determination of Completeness. The Critical Area 7 Detailed Study shall be prepared by a qualified consultant for the type of 8 critical area or areas involved. The qualified consultant may consult with 9 the City PlannerShoreline Administrator prior to or during preparation of 10 the Ccritical Aarea Ddetailed Sstudy to obtain City approval of 11 modifications to the contents of the study where, in the judgment of the 12 qualified consultant, more or less information is required to adequately 13 address the critical area impacts and required mitigation. 14 If the Critical Area Detailed Study is found to be incomplete, the aApplicant shall 15 be notified and the Critical Area Review process shall be suspended pending 16 correction of the inadequacies. Upon receipt of a complete Critical Area Detailed 17 Study a final determination is to be rendered. 18 (10)(11) Final Determination. Following submission of a completed Detailed 19 Study, the City PlannerShoreline Administrator will review the Detailed Study 20 and make a determination, based on the Critical Area Detailed Study and any 21 other available and appropriate materials. The City PlannerShoreline 22 Administrator's determination will address the adequacy of the project, as 23 proposed, to mitigate any effects it may have on critical areas that are included 24 within or adjacent to the project site. The City PlannerShoreline Administrator 25 may elect to request assistance from state resource agency staff if necessary. In 26 addition, the City PlannerShoreline Administrator will assess the adequacy of the 27 project proposal's compliance with the applicable performance standards and this 28 SMP. Notice of this determination shall be attached to the permit and the Critical 29 Area Review shall be completed. 30 (a) A Favorable Determination. A determination that the project proposal 31 adequately mitigates its impacts on the critical areas and complies with the 32 applicable performance standards satisfies the provisions of this Title only. 33 It should not be construed as endorsement or approval of the original or 34 any subsequent permit applications. 35 (b) An Unfavorable Determination. When a project proposal is found to not 36 adequately mitigate its impacts on the critical areas and/or not comply 37 with applicable performance standards, the City PlannerShoreline 38 Administrator shall prepare written notice of the reasons for the finding of 39 non-compliance. Such notice shall identify the critical area impacted, and 40 the nature of the impact. 41 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 94 January 2015 Following notice of a determination from the Critical Area Review that the 1 proposed activity does not adequately mitigate its impacts on the critical areas 2 and/or does not comply with applicable performance standards, the aApplicant 3 may request consideration of a revised mitigation plan. If the revision is found to 4 be substantial and relevant to the Critical Area Review, the City 5 PlannerShoreline Administrator may re-open the Critical Area Review and make 6 a new determination based on this revised mitigation plan. 7 (11)(12) Completion of the Critical Area Review. If at any time prior to completion 8 of the public input process on associated permits or approvals, the City receives 9 new evidence that a critical area may be included in, adjacent to, or significantly 10 impacted by the proposed activity, then the City shall re-open the 11 Ccritical Aarea rReview process and shall require whatever level of Ccritical A 12 area Rreview and mitigation as indicated by the evidence. Once the public input 13 process on all associated permits or approvals is completed and the record is 14 closed, then the City's determination regarding critical areas shall be final, unless 15 appeal is filed as per Chapter 2.19 of the Pasco Municipal CodePMC 29.01.810, 16 Appeals. 17 (12)(13) Mitigation Standards:. 18 (a) All proposed critical area alterations shall include mitigation sufficient to 19 maintain the function and values of the critical area, or to prevent risk 20 from a hazard posed by a critical area. Mitigation of one critical area 21 impact should not result in unmitigated impacts to another critical area. 22 Mitigation includes avoiding, minimizing, or compensating for adverse 23 impacts to critical areas or their buffers. The preferred sequence of 24 mitigation is defined below (1 - most preferred, 6 - least preferred):in 25 PMC 29.01.230, Environmental Protection. 26 (i) Avoid the impact altogether by not taking a certain action or parts 27 of an action. 28 (ii) Minimize the impacts by limiting the degree or magnitude of the 29 action and its implementation by using appropriate technology, or 30 by taking affirmative steps to avoid or reduce impacts. 31 (iii) Rectify the impact by repairing, rehabilitating or restoring the 32 affected environment to the conditions existing at the time of the 33 initiation of the project. 34 (iv) Reduce or eliminate the impact over time through use of 35 preservation and maintenance operations during the life of the 36 action. 37 (v) Compensate for the impact by replacing, enhancing, or providing 38 substitute resources or environments. 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 95 January 2015 (vi) Monitoring the impact and taking corrective measures. 1 (b) Possible mitigation techniques include, but are not limited to,: buffers, 2 setbacks, limits on clearing and grading, creation of artificial wetlands, 3 streambank stabilization, modified construction methods, and best 4 management practicesBMPs for erosion control and maintenance of water 5 quality. 6 (c) All proposed mitigation shall be documented in a mitigation plan included 7 as an element of the Critical Area Detailed Study. The mitigation plan 8 shall include a description of the following: 9 (i) The proposed mitigation, specifically, proposed; 10 (ii) How the proposed mitigation will maintain the critical area 11 function, any ongoing monitoring and/or inspection that may be 12 required to ensure the adequacy of the proposed mitigation, and an 13 evaluation of the anticipated effectiveness of the proposed 14 mitigation; 15 (iii) Any remedial measures that may be required, depending on the 16 outcome of that ongoing monitoring and/or inspection; 17 (iv) Any required critical expertise necessary to install, monitor, or 18 inspect the proposed mitigation; and 19 (v) Any bonding or other security required to insure performance 20 and/or maintenance of the proposed mitigation. 21 (14) Buffers.: 22 (d)(a) Buffers have, in some cases, been determined to be necessary to protect 23 critical areas and their functions. Where specific buffers are identified, 24 those buffers are deemed "required" or "standard" buffers. See Table 25 29.01.210 (2) for riparian buffers and PMC 29.01.520 for wetland buffers. 26 (i) Except as otherwise specified herein, required buffers shall be 27 retained in their pre-existing condition. If a project does not 28 propose any alteration of buffers or of the associated critical area, 29 then subject to the following provision, no additional mitigation 30 will be required to protect the critical area. Additional mitigation 31 beyond the required buffer shall be required if the City 32 PlannerShoreline Administrator finds that, based on unique 33 features of the critical area or its buffer or of the proposed activity, 34 the required buffers will not adequately protect the function of the 35 critical area or prevent risk of hazard from the critical area and that 36 additional mitigation or buffering is required to protect the critical 37 area function or to prevent risk of hazard from the critical area. 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 96 January 2015 (ii) The buffer shall be marked prior to any site alteration, and 1 boundary markers shall be visible, durable, and permanently 2 affixed to the ground. The boundary markers shall remain until all 3 activity is completed and a final site inspection is completed. 4 (iii) An eight (8-) foot- minimum setback shall be required from the 5 buffer area for any construction of impervious surface area greater 6 than one hundred and twenty (120) square feet. Clearing, grading, 7 and filling within this setback shall only be allowed when the 8 aApplicant can demonstrate that vegetation within the buffer will 9 not be damaged. 10 (iv) Where temporary buffer disturbance or alteration has or will occur 11 in conjunction with regulated activities, revegetation with 12 appropriate native vegetation shall be required and completed one 13 (1) month before the end of the growing season. 14 (v) Normal non-destructive pruning and trimming of vegetation for 15 maintenance purposes,; or thinning of limbs of individual trees to 16 provide a view corridor, shall not be subject to these buffer 17 requirements. Enhancement of a view corridor shall not be 18 construed to mean excessive removal of trees or vegetation that 19 impairs views. See also PMC 29.01.240, Shoreline Vegetation 20 Conservation. 21 (e)(b) If the Aapplicant proposes to reduce required buffers or to alter the 22 required buffer, then the aApplicant shall demonstrate why such buffer 23 modification, together with any alternative mitigation proposed in the 24 Critical Area Detailed Study, is sufficient to protect the critical area 25 function or to prevent risk of hazard from the critical area. 26 (f)(c) The Critical Area Detailed Study shall make adequate provision for long--27 term buffer protection. Periodic inspection of the buffers may be required 28 if deemed to ensure long-term buffer protection. 29 (13)(15) Bonding. The City PlannerShoreline Administrator shall have the 30 discretion to require a bond, which will ensure compliance with the mitigation 31 plan if activity related to the protection of the critical area(s) (e.g.for example, 32 monitoring or maintenance) or construction is scheduled to take place after the 33 issuance of the City's permit. The bond shall be in the form of a surety bond, 34 performance bond, assignment of savings account, or an irrevocable standby letter 35 of credit guaranteed by a financial institution with terms and conditions 36 acceptable to the City's AAttorney. The bond shall be in the amount of one 37 hundred and twenty-five percent (125%) of the estimated cost of the uncompleted 38 actions or construction or the estimated cost of restoring the function and values 39 of the critical area that are at risk, whichever is higher. The term of the bond shall 40 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 97 January 2015 be 2two ( 2) years, or until the additional activity or construction has been 1 completed and passed the necessary inspections, whichever is longer. 2 (14)(16) Incentives. The following incentives are intended to minimize the burden 3 to individual property owners from application of the provisions of this 4 chaptersection: 5 (a) Open Space. Any property owner on whose property a critical area or its 6 associated buffer is located and who proposes to put the critical area and 7 buffer in a separate tract may apply for current use property tax 8 assessment on that separate tract through Franklin County, pursuant to 9 RCW 84.34. 10 (b) Conservation Easement. Any person whose property contains an identified 11 critical area or its associated buffer may place a conservation easement 12 over that portion of the property by naming a beneficiary under 13 RCW 64.04.130 as beneficiary of the conservation easement. This 14 conservation easement may be in lieu of a separate critical areas tract that 15 qualifies for open- space tax assessment described in Section 16 28.12.210PMC 29.01.510 (16a). The purpose of the easement shall be to 17 preserve, protect, maintain, restore, and limit future use of the property 18 affected. The terms of the conservation easement may include prohibitions 19 or restrictions on access. 20 (17) Critical Areas Mapping. The approximate location and extent of critical areas in 21 the City of Pasco may include the following: 22 (a) are Critical areas shown on the critical areas map adopted as a part of the 23 Comprehensive Plan. 24 (b) Other mapping resources provided in PMC 29.01.500 (6).. 25 The mMapping resources areis to be used only as a guides to alert the user to the 26 possible distribution, location, and extent of critical areas. The Mapping shall be 27 utilized as a source of generalized information and shall not be considered as 28 regulatory standards or substitute for site-specific assessments. The actual type, 29 extent, and boundaries of critical areas shall be determined in the field by a 30 qualified specialist according to the procedures, definitions, and criteria 31 established inby this Titlesection. 32 29.01.520 Wetlands 33 (1) Purpose. The purpose of this chapter section is to promote public health and 34 welfare by instituting local measures to preserve naturally occurring wetlands that 35 exist in the city City’s shoreline jurisdiction for their associated value. These 36 areas may serve a variety of vital functions, including, but not limited to,: flood 37 storage and conveyance, water quality protection, recharge and discharge areas 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 98 January 2015 for groundwater, erosion control, sediment control, fish and wildlife habitat, 1 recreation, education, and scientific research. 2 (2) Wetland Designation. Under this SMP Article V, Critical AreasTitle, wetlands 3 shall be designated in accordance with the definitions, methods, and standards set 4 forth in the approved 1987 USACE Wetlands Delineation Manual, as amended 5 and its regional applicable regional supplements, as amended (The Arid West 6 Final Regional Supplement was last updated in 2008 at time of SMP 7 adoption)Washington State Wetlands Identification and Delineation Manual as 8 amended (Washington State Department of Ecology, March 1997, Ecology 9 Publication #96-94). All areas within the City of Pasco meeting the criteria 10 identified in this delineation manual, regardless of whether or not these areas have 11 been formally identified as wetlands, are hereby designated as wetland critical 12 areas and are subject to the provisions of this TitleSMP Article V, Critical Areas. 13 (3) Wetland Rating (Classification).: 14 (a) The wetlands rating system is intended to differentiate between wetlands 15 based on their sensitivity to disturbance, rarity, irreplaceablilitiy, and the 16 functions and values they provide. A general description of wetland 17 categories and the rationale for each category is provided in the definitions 18 section of this TitlePMC 29.01.860, Definitions (see "Wetland 19 Categories"). 20 (b) Wetlands shall be rated (classified) as either Category I, Category II, 21 Category III, or Category IV according to the criteria listed in this section. 22 This rating system is based on the Washington Department of Ecology's 23 Washington State Wetlands Rating System for Eastern Washington--- 24 Ecology Publication #14-06-030 (October 2014), as amended. The most 25 Revised and the most current copy of thisat document should be used in 26 classifying wetlands and developing wetland mitigation plansshould be 27 referred to for additional information on classification of wetlands. 28 (3)(4) Wetland Indicators. The following indicators of wetland presence shall be used by 29 the City PlannerShoreline Administrator to determine if a Wwetland Detailed 30 Study is needed: 31 (a) Listing in the City's Critical Areas Mapping resources as a wetland or 32 resources listed in PMC 29.01.500 (6); or 33 (b) Documentation, through references state or federal handbooks and or 34 reports by qualified experts; or 35 (c) A finding by a qualified wetland biologist that an appropriate hydrologic, 36 soil, and/or vegetation regime indicative of a wetland exists; or 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 99 January 2015 (d) A reasonable belief by the City PlannerShoreline Administrator that a 1 wetland may exist, supported by a site visit and subsequent consultation 2 with a qualified wetland biologist. 3 (4)(5) Wetland Detailed Study. - Requirements. If a Wetland Detailed Study is required, 4 it shall meet the following requirements in addition to the Basic Requirements 5 identified in Sections 28.12.150PMC 29.01.510 (10): 6 (a) The Wetland Detailed Study shall be completed by a qualified wetlands 7 biologist. 8 (b) The extent and boundaries of any wetlands shall be determined in 9 accordance with the methodology specified under Section 28.16.020PMC 10 29.01.520 (2). The boundary shall be surveyed and mapped at a scale no 11 smaller than one (1) inch equals two hundred (200) feet. 12 (c) A wetland community description and wetland classification shall be 13 completed, consistent with the requirements of PMC 29.01.520 (2)Section 14 28.16.020. 15 (d) A written values and functions assessment shall be completed and address 16 site hydrology (source of water in the system, water quality, flood and 17 stream flow attenuation, seasonality of presence of water, if applicable), 18 soils, vegetation, fish and wildlife habitat, recreation, and aesthetics. 19 (e) The site plan for the proposed activity shall be mapped at the same scale 20 as the wetland map, showing the extent of the proposed activity in 21 relationship to the surveyed wetland, including a detailed narrative 22 describing the project, its relationship to the wetland, and its potential 23 impact on the wetland. 24 (f) The proposed mitigation plan shall follow the general mitigation plan 25 requirements described in PMC 29.01.510 (13)Section 28.12.180, and 26 shall address how the activity has been mitigated to avoid and minimize 27 adverse impacts to wetlands. The Guidelines for Developing Freshwater 28 Wetlands Mitigation Plans and ProposalsWetland Mitigation in 29 Washington State – Part 2: Developing Mitigation Plans, Department of 30 Ecology Publication # 06--06--011b, , March 1994 2006 (or any 31 succeeding documents) should be used as a basis for mitigation. 32 (5)(6) Wetland Detailed Study Exemptions. In addition to activities exempted in Section 33 28.12.03PMC 29.01.510 (3) and PMC 29.01.7700, the following activities shall 34 not require a Wetland Detailed Study, provided they are conducted using accepted 35 Best Management PracticesBMPs as determined by the City PlannerShoreline 36 Administrator: 37 (a) Conservation or preservation of soil, water, vegetation, fish, or other 38 wildlife. 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 100 January 2015 (6)(7) Basic Wetland Requirement. A regulated wetland or its required buffer can only 1 be altered if the Wetland Detailed Study shows that: 2 (a) The proposed alteration does not degrade the quantitative and qualitative 3 functions of the wetland and results in not net loss of ecological function, 4 or 5 (b) Any degradation can be adequately mitigated to protect the wetland 6 function. Any proposed alteration approved pursuant to this section shall 7 include mitigation necessary to mitigate the impacts of the proposed 8 alteration on the wetland as described in this Chapter section and Section 9 28.12.180PMC 29.01.510 (13). 10 (7)(8) Required Buffers.: 11 (a) Buffer Requirements. The following buffers shall be required for wetlands 12 based on the rating of the wetland as outlined in Section 28.16.030PMC 13 29.01.520 (3) and land- use intensity described in Table 29.01.520 (8)(b). 14 (i) Any wetland created, restored, or enhanced as compensation for 15 approved wetland alterations shall also include the standard buffer 16 required for the category of the created, restored, or enhanced 17 wetland. 18 Table X29.01.520 (8)(a): Wetland Buffer Width Requirements 19 Category of Wetland Land Use with Low Impact* Land Use with Moderate Impact* Land Use with High Impact* IV 25 feet 40 feet 50 feet III 75 feet 110 feet 150 feet II 100 feet 150 feet 200 feet I 125 feet 190 feet 250 feet Note: *See Table 2 in this section for types of land uses that can result in low, moderate, and high impacts to wetlands. 20 Wetland Characteristics Buffer Width by Impact of Proposed Land Use Other Measures Recommended for Protection Category IV Wetlands (For wetlands scoring less than 16 points or more for all functions) Score for all three basic functions is less than 16 points Low – 25 feet Moderate – 40 feet High – 50 feet No recommendations at this time Category III Wetlands (For wetlands scoring 16 to 18 points or more for all functions) City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 101 January 2015 Wetland Characteristics Buffer Width by Impact of Proposed Land Use Other Measures Recommended for Protection Moderate level of function for habitat (score for habitat 5 to 7 points) *If wetland scores 8 to 9 habitat points, use Category II buffers Low – 75 feet Moderate – 110 feet High – 150 feet No recommendations at this time Score habitat for 3 to 4 points Low – 40 feet Moderate – 60 feet High – 80 feet No recommendations at this time Category II Wetlands (For wetlands scoring 19 to 21 points or more for all functions or having the “Special Characteristics” identified in the rating system) High level of function for habitat (score for habitat 8 to 9 points) Low – 100 feet Moderate – 150 feet High – 200 feet Maintain connections to other habitat areas Moderate level of function for habitat (score for habitat 5 to 7 points) Low – 75 feet Moderate – 110 feet High – 150 feet No recommendations at this time High level of function for water quality improvement and low for habitat (score for water quality 8 to 9 points; habitat less than 5 points) Low – 50 feet Moderate – 75 feet High – 100 feet No additional surface discharges of untreated runoff Riparian forest Buffer width to be based on score for habitat functions or water quality functions Riparian forest wetlands need to be protected at a watershed or subbasin scale Other protection based on needs to protect habitat and water quality functions Not meeting above characteristic Low – 50 feet Moderate – 75 feet High – 100 feet No recommendations at this time Vernal pool Low – 100 feet Moderate – 150 feet High – 200 feet Or develop a regional plan to protect the most important vernal pool complexes; buffers of vernal pools outside protection zones can then be reduced to: Low – 40 feet Moderate – 60 feet High – 80 feet No intensive grazing or tilling of wetland City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 102 January 2015 Wetland Characteristics Buffer Width by Impact of Proposed Land Use Other Measures Recommended for Protection Category I Wetlands (For wetlands scoring 22 points or more for all functions or having the “Special Characteristics” identified in the rating system) Wetlands of High Conservation Value Low – 125 feet Moderate – 190 feet High – 250 feet No additional surface discharges to wetland or its tributaries No septic systems within 300 feet of wetland Restore degraded parts of buffer High level of function for habitat (score for habitat 8 to 9 points) Low – 100 feet Moderate – 150 feet High – 200 feet Restore degraded parts of buffer Maintain connections to other habitat areas Moderate level of function for habitat (score for habitat 5 to 7 points) Low – 75 feet Moderate – 110 feet High – 150 feet No recommendations at this time High level of function for water quality improvement (8 to 9 points) and low for habitat (less than 5 points) Low – 50 feet Moderate – 75 feet High – 100 feet No additional surface discharges of untreated runoff Not meeting above characteristics Low – 50 feet Moderate – 75 feet High – 100 feet No recommendations at this time Note: 1 See Table 29.01.520 (8)(b) in this section, or as amended by Ecology, for types of land uses that can result in low, 2 moderate, and high impacts to wetlands. 3 4 Add note – or most current Ecology guidance… 5 6 (b) The Land Use Intensity table describes the types of proposed land use that 7 can result in high, moderate, and low levels of impacts to adjacent 8 wetlands. 9 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 103 January 2015 Table 29.01.520 (8)(b): Land Use Intensity Table 1 Level of Impact from Proposed Change in Land Use Types of Land Use Based on Common Zoning Designations High • Commercial • Urban • Industrial • Institutional • Retail sales • Residential (more than one unit/acre) • Conversion to high-intensity agriculture (dairies, nurseries, greenhouses, growing and harvesting crops requiring annual tilling and raising and maintaining animals, etc.) • High-intensity recreation (e.g., golf courses and ball fields) • Hobby farms Moderate • Residential (1 unit/acre or less) • Moderate-intensity open space (e.g., parks with biking and jogging) • Paved driveways and gravel driveways serving three or more residences • Paved trails Building of logging roads • Utility corridor or right-of-way shared by several utilities and including access/maintenance road Low • Forestry (cutting of trees only) • Low-intensity open space (e.g., hiking, bird-watching, and preservation of natural resources) Timber management Gravel driveways serving two or fewer residences • Unpaved trails • Utility corridor without a maintenance road and little or no vegetation management 2 (c) Measuring Buffer Dimensions. Wetland buffers shall be measured 3 horizontally in a landward direction from the delineated wetland edge. 4 (d) Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a 5 continuous slope of twenty-five percent (25%) or greater, the buffer shall 6 include such sloping areas. Where the horizontal distance of the sloping 7 area is greater than the required standard buffer, the buffer shall be 8 extended to a point twenty-five (25) feet beyond the top of the bank of the 9 sloping area. 10 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 104 January 2015 (8)(9) Compensatory Mitigation. As a condition of any development permit or approval, 1 which results in on-site loss or degradation of regulated wetlands and/or wetland 2 buffers, the City may require the aApplicant to provide compensatory mitigation 3 to ensureassure no net loss of ecological function and to offset impacts resulting 4 from the actions of the aApplicant or Violator. The following standards shall 5 apply: 6 (a) The mitigation shall be conducted on property that shall be protected and 7 managed to avoid further loss or degradation. The aApplicant or violator 8 shall provide for long- term preservation of the mitigation area. 9 (b) Mitigation ratios shall be consistent with the following entitled 10 Washington State Department of Ecology manual; Wetland Mitigation in 11 Washington State, Part 1: Agency Policies and Guidance (Version 1, 12 Publication #06-06-011lla, March 2006) and Wetland Mitigation in 13 Washington State, Part 2: Developing Mitigation Plans (Version 1, 14 Publication #06-06-011llb, March 2006). See Table 29.01.520 (13), 15 Wetland Mitigation Ratios (for Eastern Washington). 16 (c) Mitigation shall follow an approved mitigation plan and reflect the 17 restoration/creation ratios specified above. 18 (d) The Applicant applicant shall enter in to a wetland mitigation monitoring 19 agreement with the City as a condition of approval. The monitoring 20 program will continue for at least 8eight years from the date of plant 21 installation. Monitoring will continue for 10ten years where woody 22 vegetation (forested or shrub wetlands) is the intended result. 23 These communities take at least 8eight years after planting to reach eighty 24 percent80% canopy closure. Reporting for a 10-ten year monitoring period 25 shall occur in years 1one, 2two, 3three, five, seven and ten5, 7, and 10. 26 Monitoring in all instances shall be bonded. Reporting results of the 27 monitoring data to the City is the responsibility of the aapplicant. 28 (e) Mitigation shall be completed prior to or concurrently with, wetland loss,; 29 or, in the case of an enforcement action, prior to continuation of the 30 activity by the aApplicant or violator. 31 (f) On-site mitigation is generally preferred over off-site mitigation. 32 (g) Off-site mitigation allows replacement of wetlands away from the site on 33 which the wetland has been impacted by a regulated activity. Off-site 34 mitigation will be conducted in accordance with the restoration/creation 35 ratios described above and in Table 29.01.520 (13), Wetland Mitigation 36 Ratios (for Eastern Washington). Off-site mitigation shall occur within the 37 same drainage basin as the wetland loss occurs, provided that Category IV 38 wetlands may be replaced outside of the watershed if there is no 39 reasonable alternative. Off-site mitigation may be permitted where: 40 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 105 January 2015 (i) On-site mitigation is not feasible due to hydrology, soils, or other 1 factors. 2 (ii) On-site mitigation is not practical due to probable adverse impacts 3 from surrounding land uses or would conflict with a federal, state, 4 or local public safety directive. 5 (iii) Potential functional values at the site of the proposed restoration 6 are greater than the lost wetland functional values. 7 (h) When the wetland to be altered is of a limited functional value and is 8 degraded, mitigation shall be of the wetland community types needed 9 most in the location of mitigation and those most likely to succeed with 10 the highest functional value possible. 11 (i) Out-of-kind mitigation can be allowed when out-of-kind replacement will 12 best meet the provisions of this section. 13 (j)(i) Except in the case of cooperative mitigation projects in selecting 14 mitigation sites, aApplicants shall pursue locations in the following order 15 of preference: 16 (i) Filled, drained, or cleared sites that were formerly wetlands and 17 where appropriate hydrology exists. 18 (ii) Upland sites, adjacent to wetlands, if the upland is significantly 19 disturbed and does not contain a mature forested or shrub 20 community of native species, and where the appropriate natural 21 hydrology exists. 22 (k)(j) Where out-of-kind replacement is accepted, greater restoration/creation 23 ratios may be required. 24 (l)(k) Construction of mitigation projects shall be timed to reduce impacts to 25 existing wildlife and plants. Construction shall be timed to assure 26 thatensure grading and soil movement occurs during the dry season, and 27 planting of vegetation shall be specifically timed to the needs of target 28 species. 29 (9)(10) Innovative Mitigation.: 30 (a) One or more aApplicants, or an organization may undertake a mitigation 31 project together if it is demonstrated that all of the following 32 circumstances exist: 33 (i) Creation of one or several larger wetlands may be preferable to 34 many small wetlands; 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 106 January 2015 (ii) The group demonstrates the organizational and fiscal capability to 1 act cooperatively; 2 (iii) The group demonstrates that long- term management of the 3 mitigation area will be provided; and, 4 (iv) There is a clear potential for success of the proposed mitigation at 5 the identified mitigation site. 6 (b) Conducting mitigation as part of a cooperative process does not reduce or 7 eliminate the required replacement ratios outlined in Section 8 28.16.120 (e) , except where a compensatory mitigation plan, including a 9 5five-year monitoring agreement, is included as a condition of approval, 10 such plan shall allow for one-to-one (1:1) replacement ratios upon 11 successful completion of the monitoring agreement. 12 (c)(b) Wetland mitigation and banking programs shall be consistent with the 13 provisions outlined in the Department of Ecology's publication Wetland 14 Mitigation in Washington State, Part 1: Agency Policies and Guidance 15 (Version 1, Publication #06-06-011lla, March 2006) and Wetland 16 Mitigation in Washington State, Part 2: Developing Mitigation Plans 17 (Version 1, Publication #06-06-01llb, March 2006). 18 (i) Credits from a wetland mitigation bank may be approved for use as 19 compensation for unavoidable impacts to wetlands when: 20 (A) The bank is certified under Chapter WAC 173-700 WAC; 21 (B) The City PlannerShoreline Administrator determines that 22 the wetland mitigation bank provides appropriate 23 compensation for the authorized impacts; and 24 (C) The proposed use of credits is consistent with the terms and 25 conditions of the bank's certification. 26 (ii) Replacement ratios for projects using bank credits shall be 27 consistent with replacement ratios specified in the bank's 28 certification. 29 (iii) Credits from a certified wetland mitigation bank may be used to 30 compensate for impacts located within the service area specified in 31 the bank's certification. In some cases, the service area of the bank 32 may include portions of more than one adjacent drainage basin for 33 specific wetland functions. 34 (10)(11) Mitigation Exceptions. Requirements for mitigation do not apply when a 35 wetland alteration is intended exclusively for the enhancement or restoration of an 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 107 January 2015 existing regulated wetland, and the proposal will not result in a loss of wetland 1 function and value, subject to the following conditions: 2 (a) The enhancement or restoration project shall not be associated with a 3 development activity. 4 (b) A restoration plan shall be prepared and approved as described in Section 5 28.16.120PMC 29.01.520 (12). 6 (11)(12) Restoration. Restoration is required when a wetland or its buffer has been 7 altered in violation of SMP, Article V, Critical Areasthis Title. The following 8 minimum performance standards shall be met for the restoration of a wetland, 9 pProvided that if it can be demonstrated by the aApplicant that greater functional 10 and habitat values can be obtained, these standards may be modified: 11 (a) The original wetland configuration should be replicated, including depth, 12 width, and length at the original location. 13 (b) The original soil types and configuration shall be replicated. 14 (c) The wetland, including buffer areas, shall be replanted with native 15 vegetation, which replicates the original species, sizes, and densities. 16 (d) The original functional values shall be restored, including water quality 17 and wildlife habitat functions. 18 (e) Required replacement ratios are shown in the Re-establishment or 19 Creation column of the following tableTable 29.01.520 (13), Wetland 20 Mitigation Ratios (for Eastern Washington).: 21 22 Table X: Wetland In-Kind (On-Site) Restoration: Restoration/Creation Area Ratios 23 Wetland Category Wetland Area Created:Wetland Area Lost Category I 4:1 Category II or III 2:1 Category IV 1.25:1 (f) A restoration plan shall be prepared and approved prior to commencement 24 of restoration work. Such a plan shall be prepared by a qualified wetland 25 biologist and shall describe how the proposed actions meet the minimum 26 requirements described above. The City PlannerShoreline Administrator 27 shall, at the applicant's or expense, seek expert advice in determining the 28 adequacy of the Restoration Pplan. Inadequate plans shall be returned to 29 the aApplicant or vViolator for revision and resubmittal. 30 (12)(13) Wetland mitigation ratios are provided in the Table 29.01.520 (13). 31 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 108 January 2015 Table 29.01.520 (13). Wetland Mitigation Ratios (for Eastern Washington) 1 Category and Type of Wetland Impacts Re- establishment or Creation Rehabilitation Only1 Re- establishment or Creation and Rehabilitation1 Re- establishment or Creation and Enhancement1 Enhancement Only1 All Category IV 1.5:1 3:1 1:1 R/C and 1:1 RH 1:1 R/C and 2:1 E 6:1 All Category III 2:1 4:1 1:1 R/C and 2:1 RH 1:1 R/C and 4:1 E 8:1 All other Category II 3:1 6:1 1:1 R/C and 4:1 RH 1:1 R/C and 8:1 E 12:1 Category I based on score for functions 4:1 8:1 1:1 R/C and 6:1 RH 1:1 R/C and 12:1 E 16:1 Category I Natural Heritage site Not considered possible2 6:1 Rehabilitation of a Natural Heritage site R/C not considered possible2 R/C not considered possible2 Case-by-case Notes: 2 1. These ratios are based on the assumption that the rehabilitation or enhancement actions implemented 3 represent the average degree of improvement possible for the site. Proposals to implement more effective 4 rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a 5 higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and 6 enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and 7 enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 8 2. Natural Heritage sites, alkali wetland, and bogs are considered irreplaceable wetlands because they perform 9 some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would 10 therefore result in a net loss of some functions no matter what kind of compensation is proposed. 11 12 Reference: 13 Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental 14 Protection Agency Region 10, March 2006. Wetland Mitigation in Washington State – Part 1: Agency Policies and 15 Guidance (Version 1). Washington State Department of Ecology Publication #06-06-011a. Olympia, Washington. 16 17 E = Enhancement 18 R/C = Re-establishment or Creation 19 RH = Rehabilitation 20 E = Enhancement 21 22 29.01.530 Fish and Wildlife Habitat 23 (1) Purpose. The purpose of this chapter section is to provide a framework to evaluate 24 the development, design, and location of buildings to ensure critical fish and 25 wildlife habitat with the shoreline jurisdiction is preserved and protected, in order 26 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 109 January 2015 to ensure no net loss of ecological function and to avoid habitat fragmentation. 1 These regulations seek to protect critical habitat areas so populations of 2 endangered, threatened, and sensitive species are given consideration during the 3 shoreline development review process. 4 (2) Fish and Wildlife Habitat Area Designation and Classification Criteria.: 5 (a) Fish and Wwildlife Hhabitat Aareas shall include the following: 6 7 Table X29.01.530 (2)(a): Criteria for Classification of Fish and Wildlife Habitat Areas 8 Habitat Area Characteristic/Classification Source (1) Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association DF&W, USF&WWDFW, USFWS (NOAA) (2) Naturally occurring under 20 acres in size and their submerged aquatic beds that provide fish or wildlife habitat DOEEcology (3) Waters of the state classified as fish and wildlife habitats under the Growth Management Act, RCW 36.70A, and WAC 365-190-080(5)(c)(v) • Columbia River • Snake River WDNR, DOEEcology, DF&WWDFW, affected Indian tribes (4) State Natural Area Preserves and Natural Resource Conservation Areas; and, WDNR (5) Habitat areas of local importance as determined by resolution of the City Council. DF&W, WDFW 9 (b) The map references indicated are intended to serve only as a guide during 10 development review. In all cases, the actual presence or absence of listed 11 species or habitat shall determine how this Title section applies. 12 (c)(b) All areas within the City of Pasco’s shoreline jurisdiction meeting one or 13 more of these criteria, are hereby designated as critical areas and are 14 subject to the provisions of this Titlesection. 15 (c) Priority Habitats and Species for Franklin County are identified in the 16 Washington Department of Fish and Wildlife, 2008 Priority Habitat and 17 Species List published by the Washington State Department of Fish and 18 Wildlife.Mapping information sources for identification of fish and 19 wildlife habitat conservation areas include, but are not limited to: 20 (i) Washington State Department of Fish and WildlifeWDFW Priority 21 Habitat and Species (PHS) maps. 22 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 110 January 2015 (ii) Wetlands mapped under the National Wetland Inventory by the 1 U.S. Department of Interior; USFWS. 2 (iii) Washington State Department of Fish and 3 WildlifeWDFW/Department of Natural ResourcesWDNR, 4 Washington Rivers Inventory System (WARIS) maps. 5 (i)(iv) Maps and reference documents in the City of Pasco SMP 6 Inventory, Analysis, and Characterization Rreport, as applicable. 7 (3) Fish and Wildlife Habitat Area Rating. Fish and Wildlife Habitat Areas shall be 8 rated as Primary or Secondary according to the criteria in this section. 9 Table X29.01.530 (3): Classification by Fish and Wildlife Areas 10 Habitat Area Classification Source Primary Habitats Primary habitats are those areas that are valuable to fish and wildlife and support a wide variety of species due to an undisturbed nature, diversity of plant species, and structure, presence of water, or size, location or seasonal importance and which meet any of the following qualifying criteria: (1) (The documented presence of species listed by the federal government or State of Washington as endangered, threatened, or sensitive. DF&WWDFW, USF&WWS (NOAA) (2) Those rivers identified as "Shorelines of the State" under the City of Pasco Shoreline Master Program, and streams within the shoreline jurisdiction. DOEEcology (3) Those wetlands identified as Category I Wetlands, as defined in this title. Section 28.04.020PMC 29.01.520 (3) Secondary Habitat Secondary habitats are those which are valuable to wildlife and support a wide variety of species due to: an undisturbed nature, diversity of plant species, structure, presence of water, or size, location or seasonal importance but do not meet any of the qualifying criteria listed in items 1 through 3 in the Primary Habitats above. 11 (4) Determination of Need for Fish and Wildlife Habitat Area Detailed Study:. 12 (a) A Detailed Study shall be required for any activity that is within two 13 hundred (200) feet of a Fish and Wildlife Habitat Area. 14 (b) Due to the sensitive nature of certain species, the Aapplicant shall notify 15 the City if the proposed activity will occur within 660 feet (1/8 of a mile) 16 of a Fish and Wildlife Habitat Area; the City may then contact appropriate 17 agencies and determine if a Detailed Study should be prepared, based on 18 the sensitivity of the site. 19 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 111 January 2015 (c) The City PlannerShoreline Administrator shall require a Habitat Area 1 Detailed Study of a habitat area if the following indicators are present: 2 (i) The area is listed in the City's Critical Areas Map as a Fish and 3 Wildlife Habitat Area; or 4 (ii) Documentation exists that shows that any of the classification 5 criteria listed in Section 28.20.030PMC 29.01.530 (3) are present, 6 based on any of the references listed in this Titlesection; or 7 (iii) A qualified fish and wildlife biologist finds that habitat conditions 8 appropriate to meet one or more of the classification criteria listed 9 above in 28.20.030PMC 29.01.530 (3) exist; or 10 (iv) The City PlannerShoreline Administrator possesses a reasonable 11 belief that a Fish and Wildlife Habitat may exist. Such reasonable 12 belief shall be supported by a site visit and subsequent consultation 13 with a qualified fish and wildlife biologist. 14 (5) Fish and Wildlife Habitat Area Detailed Study Requirements. If a Fish and 15 Wildlife Habitat Area Detailed Study is required, it shall include and/or meet the 16 following requirements in addition to the Basic Requirements identified in 17 Sections 28.12.150PMC 29.01.510 (10). 18 (a) The Detailed Study shall be completed by a qualified Fish and Wildlife 19 biologist with expertise in assessing the relevant species and habitats. 20 Evidence of qualifications shall be provided with the Detailed Study. 21 (b) The site plan and map submitted shall be of a scale no smaller than 22 1 inch = 200 feet. The site plan shall indicate all Fish and Wildlife Habitat 23 Critical Areas, as determined by the criteria in PMC 29.01.530 (3)Section 24 28.20.030, and shall include the area within two hundred (200) feet of the 25 subject property. The Applicant applicant may prepare the site plan; 26 however, it is subject to review by the qualified fish and wildlife biologist. 27 The extent and boundaries of the habitat shall be determined by the 28 qualified fish and wildlife biologist. 29 (c) A habitat description shall be included, including a habitat rating as 30 described in PMC 29.01.530 (3)Section 28.20.030, and a statement of 31 functions and values providing information on the species in question and 32 the associated plant and animal communities. A complete list of species 33 and special habitat features shall be included. 34 (d) A regulatory analysis shall be included, including a discussion of any 35 federal, state, tribal, and/or local requirements or special management 36 recommendations developed specifically for species and/or habitats 37 located on the site. 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 112 January 2015 (e) The proposed mitigation plan shall address how the proposed development 1 activity has been mitigated to avoid and minimize adverse impacts to the 2 habitat, and shall follow the general mitigation plan requirements 3 described in PMC 29.01.530 (13)Section 28.12.180. 4 (f) A statement of management and maintenance practices shall be included, 5 including a discussion of ongoing maintenance practices that will ensure 6 assure protection of all fish and wildlife habitat conservation areas on-site 7 after the project has been completed. 8 (g) Habitat and Buffer Recommendation. 9 (i) Riparian habitat areas: For the protection of habitat along rivers, , 10 the buffer widths provided in Table 29.01.210 (2), Shoreline 11 Development Standards Matrix apply. 12 (i) Where non-fish species have been identified and classified as 13 endangered or threatened by the federal government or 14 Washington Department of Fish and Wildlife, the Detailed Study 15 shall identify the required habitat and recommend appropriate 16 buffers based on the State Department of Fish and Wildlife Priority 17 Habitat and Species (PHS) management recommendations. 18 (ii) Where other Fish and Wildlife Habitats areas have been identified, 19 the Detailed Study shall identify the required habitat and 20 recommend appropriate buffers based on the following 21 recommendations: 22 (A) For areas with endangered, threatened, and sensitive 23 species, any recommended protective measures shall be 24 consistent with the Washington Department of Fish and 25 Wildlife PHS management recommendations; and 26 (B) For naturally occurring ponds under twenty (20) acres, 27 protective provisions that are consistent with the wetland 28 performance 29 (h) Habitats and species that have been identified as Priority Species or 30 Priority Habitats by the Washington Department of Fish and 31 WildlifeWDFW Priority Habitats and Species Program should not be 32 reduced and shall be preserved through regulation, acquisition, incentives, 33 and other techniques. 34 (6) Performance Standards Minimum Requirements. This section describes the 35 minimum performance standard requirements for habitat areas, including wetland 36 habitats, riparian habitats, anadromous salmonids, and specific requirements for 37 bBald eEagle habitat areas. 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 113 January 2015 (a) Wetland Habitats. All habitat sites containing wetlands shall conform to 1 the wetland development performance standards set forth in Chapter 2 28.16. 3 (b)(a) Riparian HHabitats:. 4 (i) Buffer Requirements. Native vegetation standard buffers for 5 activities occurring adjacent to streams within Fish and Wildlife 6 Habitat Areas shall be maintained. Buffer widths shall be based on 7 the extent of prior stream channel modification. Riparian buffers 8 are determined by whether or not a salmonid habitat is present. 9 (ii) The buffer distance from the ordinary high water markOHWM 10 shall be as are provided in Table 29.01.210 (2), Shoreline 11 Development Standards Matrix apply.follows: 12 Table X: Riparian Buffer Requirements 13 Stream Minimum Buffer Width Columbia and Snake Rivers 100 feet (7) 14 (i) Exception for Lots Adjacent to Pre-Existing Development. The 15 required Riparian buffer width listed above shall not apply in cases 16 where the adjacent pre-existing development (vested prior to the 17 effective date of this Title) does not meet these established 18 standards. In such cases, the buffer may be reduced by 19 one-third (1/3) the difference between the required buffer and the 20 larger of the two adjacent buffers. 21 (ii) Adjacency in this situation shall be defined as being within fifty 22 (50) feet of the side property lines. If there is only clearing on one 23 side of the proposed activity within fifty (50) feet of the side 24 property line, then the buffer can be reduced as shown in the 25 following table: 26 Table X: Riparian Buffer Requirements: 27 Adjacent Pre-existing Development Exceptions 28 Stream Minimum Buffer Width Columbia and Snake Rivers 60 feet 29 (b) Bald Eagle Habitat. Bald eEagle habitat shall be protected pursuant to the 30 Washington State Bald Eagle Protection Rules (WAC 232-12-292). A 31 Habitat Management Plan shall be developed by the aApplicant in 32 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 114 January 2015 coordination with the Department of Fish and WildlifeWDFW whenever 1 activities that alter habitat are proposed near a verified nest territory or 2 communal roost. 3 (c) Wetland Habitat. All habitat sites containing wetlands shall conform to the 4 wetland development performance standards set forth in PMC 29.01.520, 5 Wetlands, and shall conform to the wetland mitigation and restoration 6 provisions set forth in Section 28.16 .080 thought 28.16.130PMC 7 29.01.520 (9) through (13). 8 (d) Anadromous Salmonids:. 9 (i) Activities, uses, and alterations proposed to be located in 10 waterbodies used by anadromous salmonids, or in areas that affect 11 such waterbodies, shall give special consideration to the 12 preservation and enhancement of anadromous salmonid habitat, 13 including, but not limited to, the following: 14 (A) Activities shall be timed to occur only during the allowable 15 work window, as designated by the WDFW; 16 (B) The activity is designed so that it will minimize the 17 degradation of the functions or values of the fish habitat or 18 other critical areas; and 19 (C) Any impact on the functions and values of the habitat 20 conservation area are mitigated in accordance with an 21 approved Fish and Wildlife Habitat Area Detailed Study. 22 (ii) Structures that prevent the migration of anadromous salmonids 23 shall not be allowed in the portion of the waterbodies currently 24 used by salmonids. Fish bypass facilities shall be provided that 25 allow the upstream migration of adult fish and prevent juveniles 26 migrating downstream from being trapped or harmed. 27 (iii) Fills waterward of the OHWM, when authorized, shall minimize 28 the adverse impacts on anadromous salmonids and their habitat, 29 shall mitigate any unavoidable impacts, and shall only be allowed 30 for water-dependent uses or for uses that enable public access or 31 recreation for significant numbers of the public. 32 (7) Buffer Width Modifications: 33 (a) Administrative Buffer Width Averaging. The required buffer widths 34 established in this SMP may be modified by the Shoreline Administrator 35 for a development on existing legal lots of record in place at the time of 36 adoption of this SMPProgram, in accordance with the provisions of this 37 section only where the applicant demonstrates all of the following: 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 115 January 2015 (i) Averaging is necessary to avoid an extraordinary hardship to the 1 Aaapplicant caused by circumstances peculiar to the property; 2 (ii) The designated buffer area contains variations in sensitivity to 3 ecological impacts due to existing physical characteristics or the 4 character of the buffer varies in slope, soils, or vegetation; 5 (iii) The total area contained within the buffer after averaging is no less 6 than that contained within the standard buffer prior to averaging; 7 (iv) The minimum buffer width at its narrowest point shall not be less 8 than 35% of the buffer width established under this SMP; and 9 (v) The buffer width averaging does not result in a net loss of 10 ecological function. 11 (b) Exception for Lots Adjacent to Pre-Existing Development. The required 12 Riparian buffer width listed above shall not apply in cases where the 13 adjacent pre-existing development (vested prior to the effective date of 14 this section) does not meet these established standards. In such cases, the 15 buffer may be reduced by one-third (1/3) the difference between the 16 required buffer and the larger of the two adjacent buffers. 17 Adjacency in this situation shall be defined as being within fifty (50) feet 18 of the side property lines. If there is only clearing on one side of the 19 proposed activity within fifty (50) feet of the side property line, then the 20 buffer can be reduced as described above. 21 (c) Shoreline Buffer Reductions. Shoreline buffers may be administratively 22 modified as outlined below: 23 (i) Where a legally established road or railway, or other type of 24 continuous development crosses or extends along a shoreline or 25 critical area buffer and is wider than 20 feet, the 26 Shoreline Administrator may approve a modification of the 27 minimum required buffer width to the waterward edge of the 28 improved continuous development provided the upland side of the 29 continuous development area: 30 (A) Does not provide additional protection of the shoreline 31 water body or stream; and 32 (B) Provides little (less than 20%) to no biological, geological, 33 or hydrological buffer functions relating to the riparian and 34 upland portions of the buffer. 35 (ii) Standard Buffer Reduction. Reductions of up to 235% of the 36 standard buffer may be approved if the applicant demonstrates to 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 116 January 2015 the satisfaction of the Shoreline Administrator that a mitigation 1 plan developed by a qualified professional pursuant to 2 PMC 29.01.510 (13) indicates that enhancing the buffer (by 3 removing invasive plants or impervious surfaces, planting native 4 vegetation, installing habitat features, or other means) will result in 5 a reduced buffer that functions at a higher level than the existing 6 standard buffer. 7 (8) Allowed uses in Fish and Wildlife Habitat Areas and stream buffers: 8 (a) Roads, bridges, and utilities. – Road, bridge, and utility maintenance, 9 repair, and construction may be permitted across a Fish and Wildlife 10 Habitat Conservation Area and/or buffers under the following conditions: 11 (i) It is demonstrated to the Shoreline Administrator that there are no 12 alternative routes that can be reasonably used to achieve the 13 proposed development; 14 (ii) The activity will have minimum adverse impact to the Fish and 15 Wildlife Habitat Conservation Area; 16 (iii) The activity will not significantly degrade surface or groundwater; 17 and 18 (iv) The intrusion into the Fish and Wildlife Habitat Conservation Area 19 and its buffers is fully mitigated to achieve no net loss of 20 ecological functions. 21 (b) Limited park or recreational access to a Fish and Wildlife Habitat Area 22 and/or stream buffers, provided that all of the following are satisfied: 23 (i) The access is part of a public park or a recreational resort 24 development that is dependent on the access for its location and 25 recreational function; 26 (ii) The access is limited to the minimum necessary to accomplish the 27 recreational function; and 28 (iii) The intrusion is fully mitigated to achieve no net loss of ecological 29 functions. 30 (c) Low-impact uses and activities that are consistent with the purpose and 31 function of the stream setback and do not detract from its integrity. 32 Examples of low-impact uses and activities include removal of noxious 33 vegetation and stormwater management facilities such as grass-lined 34 swales. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 117 January 2015 (9) Additional Pprotection mMeasures: 1 (a) Temporary and permanent erosion and sedimentation controls shall be 2 provided to prevent the introduction of sediments or pollutants to 3 waterbodies or watercourses within the habitat area. 4 (b) Clearing and grading shall be limited to that necessary for establishment 5 of the use or development and shall be conducted to avoid significant 6 adverse impacts and minimize the alteration of the volume, rate, or 7 temperature of freshwater flows to or within the habitat area and any 8 buffer required by this section. 9 (c) The proposed development shall not discharge hazardous substances to the 10 habitat area that would have significant adverse impacts on that area. 11 (d) Stream flows shall be protected from changes to the normal flow, 12 temperature, turbidity, and discharge to the maximum extent practicable. 13 (e) Septic drainfields and any required replacement drainfield area shall be at 14 least 100 feet from the edge of any habitat area. 15 (f) Exceptions to the above protection standards may be allowed by the 16 Shoreline Administrator based on a special report prepared by a 17 Qualified Biological Professional that demonstrates that such exception 18 would not adversely impact the habitat system, functions, and values of 19 the habitat area. 20 (g) Activities may only be permitted in a stream or stream buffer if the 21 applicant can show that the proposed activity will not degrade the 22 functions and values of the stream, stream buffer, or other critical area. 23 (h) Stream Crossings. – Stream crossings shall be minimized, but when 24 necessary, they shall conform to the applicable provisions of this SMP and 25 other laws (see WDFW or Ecology). 26 (i) Stormwater conveyance facilities. Stormwater conveyance facilities may 27 be permitted, provided that they are only located in the buffer when no 28 practicable alternative exists outside the buffer. Stormwater facilities shall 29 be planted with native plantings where feasible to provide habitat, and/or 30 less intrusive facilities should be used. 31 (j) Floodway-dependent Structures. Floodway-dependent structures or 32 installations may be permitted within streams or their buffers if allowed or 33 approved by other ordinances or other agencies with jurisdiction. See SMP 34 PMC 29.01.550, Flood Hazard Areas, for more information on allowed 35 uses and activities within flood hazard areas. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 118 January 2015 (k) Trails. The criteria for alignment, construction, and maintenance of trails 1 within wetlands and their buffers shall apply to trails within stream 2 buffers. Outer buffer trails may not exceed 10 feet in width and may be 3 constructed with impermeable surface materials if on-site infiltration is 4 utilized. 5 (l) Utilities. The criteria for alignment, construction, and maintenance within 6 the wetland buffers and PMC 29.01.460, Utilities, shall apply to utility 7 corridors within stream buffers. In addition, corridors shall not be aligned 8 parallel with any stream channel unless the corridor is outside the buffer, 9 and crossings shall be minimized. Installation shall be accomplished by 10 boring beneath the scour depth and hyporheic zone of the waterbody 11 where feasible. Crossings shall be contained within the existing footprint 12 of an existing or new road or utility crossing where possible. Otherwise, 13 crossings shall be at an angle greater than 60 degrees to the centerline of 14 the channel. The criteria for stream crossings shall also apply. 15 (m) Native vegetation landscaping schemes shall be provided that do not 16 require application of herbicides, pesticides, or fertilizer to maintain robust 17 growth. 18 (n) No net- effective impervious surfaces may be created in the outer buffer 19 area beyond what is otherwise permitted. 20 (c)(o) No structures or related improvements, including buildings or decks, shall 21 be permitted within the stream buffer, except as otherwise allowed in 22 PMC 29.01.510, General Provisions, or in this SMP. 23 29.01.540 Aquifer Recharge Areas 24 (1) Purpose. The purpose and intent of this section is to safeguard groundwater 25 resources within the shoreline jurisdiction from hazardous substance and 26 hazardous waste pollution by controlling or abating future pollution from new 27 land uses or activities. 28 (2) Aquifer Recharge Area Designation Criteria:. 29 (a) Aquifer recharge areas shall be classified as following: 30 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 119 January 2015 Table X29.01.540 (2)(a): Designation of Aquifer Recharge Areas 1 Aquifer Recharge Area Characteristic/Designation Source (1) Wellhead Protection Areas pursuant to WAC 246-290 WA DOHDepartment of Health, US Environmental Protection AgencyEPA (2) Areas designated for special protection pursuant to a groundwater management program, RCWChapters 90.44, 90.48, and 90.54 RCW and WAC 173-100 and 173-200 WA DOEEcology (3) Areas overlying unprotected aquifers. Such aquifers shall be identified through any existing competent hydrogeologic study USGS, WA DNR (4) Areas within identified unprotected aquifers but possessing the following characteristics: • Slopes less than fifteen percent (15%), and • Coarse alluvium or sand and gravel in the soil profile and no known impermeable layers. DF&WWDFW 2 (b) Any project area located within two hundred (200) feet of an area meeting 3 the aquifer designation or soil classification criteria, or mapped as such, 4 shall be treated as if it is located within the mapped area. 5 (c) All areas within the City of Pasco meeting these criteria, regardless of the 6 presence or lack of any formal identification as such, are hereby 7 designated as critical areas and are subject to the provisions of this Title. 8 (3) Aquifer Recharge Area Classification:. 9 (a) (a) Aquifer recharge areas are classified as high, moderate, or low 10 significance aquifer recharge areas according to the following criteria: 11 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 120 January 2015 Table X29.01.540 (3)(a): Classification of Aquifer Vulnerability 1 Vulnerability Classification Documentation and Data Sources High Vulnerability High significance aquifer recharge areas are areas with slopes of less than fifteen percent (15%) underlain by coarse alluvium or sand and gravel. Moderate Vulnerability Moderate significance aquifer recharge areas are: (1) Areas with slopes of less than fifteen percent (15%) underlain by fine alluvium, silt, clay, glacial till, or deposits from the electron mudflow; and () f ff () () Low Vulnerability Moderate significance aquifer recharge areas are: (1) Areas with slopes of fifteen percent (15%) to thirty percent (30%) underlain by silt, clay, or glacial till; and 2 (4) Determination of Need for Aquifer Recharge Detailed Study:. 3 (a) The following information resources shall be utilized along with other 4 documentation where noted: 5 (i) Studies from the United States Geological SurveyUSGS. 6 (ii) City of Pasco Wastewater Facility Plan. 7 (iii) Soil Survey for Franklin County (Conservation District). 8 (b) Requirements for High Significance Aquifer Recharge Area. An Aquifer 9 Recharge Area Detailed Study shall be required for any activity occurring 10 on or adjacent to a site that is, or contains, a High Significance Aquifer 11 Recharge Area if the activity involves one or more of the following uses: 12 (i) Hazardous substance processing or handling; 13 (ii) Hazardous waste treatment and storage facility; 14 (iii) Disposal of on-site sewage for subdivisions, short plats, and 15 commercial and industrial sites; or. 16 (iv) Landfills. 17 (5) Aquifer Recharge Area Detailed Study. When required as described in Section 18 28.24.040PMC 29.01.540 (4), an Aquifer Recharge Area Detailed Study shall 19 meet the following requirements: 20 (a) The Detailed Study shall be prepared by qualified consultant with 21 experience in preparing hydrogeologic assessments. Evidence of these 22 qualifications shall be provided with the Detailed Study. 23 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 121 January 2015 (b) The Detailed Study shall contain a map, of a scale no smaller than 1 inch = 1 200 feet, of the site and the extent of the High Significance Aquifer 2 Recharge Area as determined by the criteria in Section 28.24.020PMC 3 29.01.540 (2). 4 (c) The Detailed Study shall contain a hydrogeologic assessment, including, 5 at a minimum: 6 (i) Information sources; 7 (ii) Geologic setting; 8 (iii) Background water quality; 9 (iv) Location of, and depth to, water tables; 10 (v) Recharge potential of the facility site; 11 (vi) Groundwater flow direction and gradient; 12 (vii) Currently available data on wells within one thousand (1,000) feet 13 of the site; 14 (viii) Currently available data on springs within one thousand (1,000) 15 feet of the site; 16 (ix) Surface water location and recharge potential; 17 (x) Water source supply to the activity (e.g., high capacity well); 18 (xi) Any sampling schedules necessary; 19 (xii) Discussion of the effects of the proposed project on the 20 groundwater resource; and 21 (xiii) Other information as may be required by the Town. 22 (d) The Detailed Study shall include a mitigation plan detailing how the 23 activity will offset any impact on the resource and control risk of 24 contamination to the aquifer. 25 (6) Aquifer Recharge Area Detailed Study Special Exemptions. In addition to the 26 exemptions listed in 28.12.030PMC 29.01.510 (3) and 29.01,770, Exemptions for 27 Shoreline Substantial Development Permits, sewer lines and appurtenances shall 28 be exempt from the requirement to prepare an Aquifer Recharge Area Detailed 29 Study:. 30 (7) Performance Standards Basic Requirements:. 31 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 122 January 2015 (a) Any activity listed in Section 28.24.040PMC 29.01.540 (4) (b) may only 1 be permitted in a High Significance Aquifer Recharge Area if the Detailed 2 Study documents that the activity does not pose a threat to the aquifer 3 system and that the proposed activity will not cause contaminants to enter 4 the aquifer. 5 (b) All activities located in an Aquifer Recharge Area shall minimize the 6 creation of impervious surfaces to the extent practicable without creating a 7 greater risk to the aquifer recharge area. 8 (8) Storage Tanks. All Storage tanks located in an Aquifer Recharge Area must 9 conform to the following requirements. The Washington Department of Ecology 10 also regulates and authorizes permits for underground storage tanks (WAC 173--11 360). 12 (a) Underground Tanks. All new underground storage facilities used or to be 13 used for the underground storage of hazardous substances or hazardous 14 wastes shall be designed and constructed so as to: 15 (i) Prevent releases due to corrosion or structural failure for the 16 operational life of the tank; 17 (ii) Be protected against corrosion, constructed of noncorrosive 18 material, steel clad with a noncorrosive material, or designed to 19 include a secondary containment system to prevent the release or 20 threatened release of any stored substances; and, 21 (iii) Use material in the construction or lining of the tank which that is 22 compatible with the substance to be stored. 23 (b) Aboveground Tanks:. 24 (i) No new aboveground storage facility or part thereof shall be 25 fabricated, constructed, installed, used, or maintained in any 26 manner which may allow the release of a hazardous substance to 27 the soil, groundwater, or surface waters within an 28 Aquifer Recharge Area. 29 (ii) No new aboveground tank or part thereof shall be fabricated, 30 constructed, installed, used, or maintained without having 31 constructed around or under it an impervious containment area 32 enclosing or underlying the tank or part thereof. 33 (iii) New aboveground tanks will require a secondary containment 34 system, either built into the tank structure or a dike system built 35 outside the tank, for all tanks located within an aquifer recharge 36 area. 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 123 January 2015 29.01.550 Flood Hazard Areas 1 (1) Purpose. The purpose of this chapter section is to promote the public health, 2 safety, and welfare of the community by recognizing potential hazards that may 3 be caused by development in areas where severe flooding is anticipated to occur. 4 The intent of this chapter section is to assist with minimizing public and private 5 losses due to flood hazards by avoiding development in hazard areas within the 6 shoreline jurisdiction and or implementing protective measures contained in 7 Pasco Municipal Code Chapter 24this SMP. 8 (2) Classification. The following categories of frequently flooded areas are 9 established for the purposes of classification: 10 (a) Floodway. Floodways are defined as the channel of a stream and adjacent 11 land areas, which are required to carry and discharge flood waters or 12 flood flows of any river or stream associated with a regulatory flood. 13 (b) Special Flood Hazard Areas. The area adjoining the floodway, which is 14 subject to a one percent1% or greater chance of flooding in any given year 15 and determined by the Federal Insurance Administration. 16 (c) Floodplain. The floodway and special flood hazard areas. 17 These flood areas have been delineated based on studies completed by the Federal 18 Emergency ManagementFEMA Agency for the national Flood Insurance 19 Program. 20 (3) Designation:. 21 (a) All areas within the City meeting the frequently flooded designation 22 criteria of Section 28.28.020 PMC 29.01.550 (2) are hereby designated 23 critical areas and are subject to the provisions of this Titlesection. 24 (b) The approximate location and extent of frequently flooded areas are 25 shown on the Flood Insurance Rate Maps (FIRMs) prepared for the City 26 of Pasco and Franklin County by the Federal Emergency Management 27 AgencyFEMA, as part of the National Flood Insurance Program. 28 (4) Management. Title 16 (Buildings and Construction) and Chapter 24.20 29 (Flood Hazard Protection) of the City of Pasco Municipal CodePMC regulate 30 proposed activities in all areas of special flood hazards. If allowed, any structures 31 permitted in the designated flood areas are subject to the flood-proofing 32 regulations provided in Title 16 and Chapter 24.20. 33 (4)(5) Floodways. Special flood hazard areas established in this section are areas that 34 are extremely hazardous areas due to the velocity of flood waters, which carry 35 debris, potential projectiles, and erosion potential. The following provisions apply 36 to special flood hazard areas: 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 124 January 2015 (a) Prohibit encroachments, including fill, new construction, substantial 1 improvements, and other development unless certification by a registered 2 pprofessional eengineer or architect is provided demonstrating that 3 encroachments shall not result in an increase in flood levels during the 4 occurrence of the base flood discharge. 5 (b) If PMC 29.01.550 (5)(a) is satisfied, all new construction and substantial 6 improvements shall comply with all applicable flood hazard reduction 7 provisions of PMC Chapter (24.20). 8 29.01.560 Geologic Hazard Areas 9 (1) Purpose. The purpose of this chapter section is to reduce the threats to public 10 health and safety posed by geologic hazards within the shoreline jurisdiction. The 11 intent is to reduce incompatible development in areas of significant geologic 12 hazard. Development incompatible with geologic hazards may not only place 13 itself at risk, but also may increase the hazard to surrounding development. Some 14 geologic hazards can be reduced or mitigated by engineering, design, or modified 15 construction or altering mining practices so risks to health and safety are 16 minimized. When technology cannot reduce the risks to acceptable levels, 17 development in the hazard area is best to be avoided. 18 (2) Geologic Hazard Area Designation. Geologic hazard areas within Pasco the City 19 are those areas that are susceptible to significant erosion, landslide, flood hazards, 20 seismic hazards, and surface mine collapse hazards. All areas within the City of 21 Pasco meeting the criteria described in PMC 29.01.560 (3)Section 28.32.030 for 22 known or suspected risk or unknown risk, regardless of the presence or lack of 23 any formal identification as such, are designated as critical areas and are subject 24 to the provisions of this Titlesection. 25 (a) Volcanic Hazards. The GMA rowth Management Act requires that 26 volcanic hazards be addressed in local critical area regulations. However, 27 since no volcanic hazards exist in the CityPasco area, no volcanic hazards 28 regulations are needed. 29 (b) Flood Hazard Areas. Generally, areas subject to flood hazard conditions 30 are regulated by PMC 29.01.550 and the City of Pasco Flood Plain 31 regulations (PMC Title 24) which regulates those areas identified and 32 classified by the Federal Emergency Management Agency (FEMA) on 33 their Flood Hazard Boundary/Flood Insurance Rate Maps. 34 (3) Geologic Hazard Area Classification and Designation Criteria.: 35 (a) Geologic hazard area classification criteria are listed in the table below, 36 along with the source agencies that provide the guidelines for 37 classification and designation: 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 125 January 2015 Table X29.01.560 (3)(a): Criteria for Classification of Geologic Hazard Areas 1 Hazard Area Classification and Designation Source (1) Erosion Hazard Areas (a) Areas with soil type possessing erosion hazard of "moderate to severe," "severe," or "very severe." (Classification based on both soil type and slope) NRCS (2) Landslide Hazard Areas (a) Areas with slopes of thirty percent (30%) or greater slope and with a vertical relief of ten (10) or more NRCS (b) Areas with slopes steeper than fifteen percent NRCS (15%) on hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock where springs or groundwater seepage is present; NRCS (c) Areas with slopes parallel or sub-parallel to planes of weakness in subsurface materials (e.g., bedding planes, joint systems, and fault planes); NRCS (d) Areas with slopes having gradients steeper than eighty percent (80%) subject to rockfall during seismic NRCS (e) Alluvial fans or canyon bottoms presently or potentially subject to inundation by debris flows or catastrophic flooding; NRCS (f) Areas that have shown movement during the Holocene epoch or which are underlain or covered by wastage debris of this epoch; NRCS (g) Evidence of or risk from snow avalanches; NRCS (h) A "severe" limitation for building site development due to slope conditions; NRCS (i) Areas of historic failure such as areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps or technical reports (e.g., topographic or geologic maps, or other authorized documents). USGS, Wash. WDNR, or other government agencies (3) Flood Hazard Areas (a) Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and Undercutting by wave action shall be addressed as a flood hazard PMC Title 24 Notes: 2 NRCS = U. S. Department of Agriculture, Natural Resource Conservation Service 3 4 (4) Geologic Hazard Area Rating Criteria. All areas within the CityPasco shall be 5 classified by the following risk categories for each geologic hazard type: 6 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 126 January 2015 Table X:29.01.560 (4) Rating of Geologic Hazard Risk 1 Risk Classification Documentation and Data Sources Known or Suspected Risk Documentation or projection of the hazard by a qualified expert exists No Risk Documentation or projection of the lack of a hazard by a qualified expert exists Risk Unknown Data are not available to determine the presence or absence of a geologic hazard 2 (5) Determination of Need for Geologic Hazard Area Detailed Study. A 3 Geologic Hazard Area Detailed Study of a geologic hazard area shall be required 4 if the following indicators are present: 5 (a) If the project area is listed in the City of Pasco Critical Areas Map as 6 possessing either a Known or Suspected Risk for erosion, landslide, flood, 7 seismic, or mine hazard. 8 (b) If the project area is listed in the City of Pasco Critical Areas Map as 9 possessing an Unknown Risk for erosion, landslide, flood, seismic, or 10 mine hazard if any of the following are identified by the aApplicant or 11 City: 12 (i) A qualified geologist finds that any of the following exist: 13 evidence of past significant events of the hazard in question on or 14 adjacent to the site;, the presence of necessary and sufficient 15 factors for events of the hazard in question on or adjacent to the 16 site;, or reasonable uncertainty concerning the hazard the potential 17 for significant risk to or from the proposed activity; or 18 (ii) The City PlannerShoreline Administrator possesses a reasonable 19 belief that a geologic hazard may exist. Such reasonable belief 20 shall be supported by a site visit and subsequent consultation with 21 a qualified geologist. 22 (6) Geologic Hazard Area Detailed Study Requirements. The minimum requirements 23 for a Geologic Hazard Area Detailed Study include the following in addition to 24 the Basic Requirements identified in Sections 28.12.150PMC 29.01.510 (10).): 25 (a) Basic Requirements. A Geologic Hazard Area Detailed Study shall meet 26 the following: 27 (i) The Detailed Study shall be prepared by a qualified pprofessional 28 eengineer or geologist. Evidence of qualifications shall be 29 provided with the Detailed Study. 30 (ii) A map, of a scale no smaller than 1 inch = 200 feet, of the site and 31 the extent of the geologic hazard area as determined by the criteria 32 in PMC 29.01.560 (3)Section 28.32.030. 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 127 January 2015 (iii) An assessment of the geologic characteristics and engineering 1 properties of the soils, sediments, and/or rock of the subject 2 property and potentially affected adjacent properties, and a review 3 of the site history regarding landslides, erosion, and prior grading. 4 The Study shall include a soils analysis consistent with the 5 accepted regional taxonomic classification system, and a 6 description of the vulnerability of the site to seismic events. 7 Documentation of data and methods shall be included. 8 (iv) A geotechnical analysis, including a detailed description of the 9 proposed project, its relationship to the geologic hazard(s), and its 10 potential impact upon the hazard area, the subject property and 11 affected adjacent properties shall be included. 12 (v) A mitigation plan, if appropriate, prepared by a professional 13 engineer or geologist under the supervision of a professional 14 engineer qualified to prepare a Detailed Study. The mitigation plan 15 shall include a discussion on how the project has been designed to 16 avoid and minimize the impacts discussed in the geotechnical 17 analysis (see mitigation standards provided in PMC 29.01.510 18 (13)PMC 28.12.180). The plan shall make a recommendation for 19 the minimum building setbacks from any geologic hazard based 20 upon the geotechnical analysis. The plan shall also address the 21 potential benefit of mitigation on the hazard area, the subject 22 property, and affected adjacent properties. 23 (vi) Where more than one geologic hazard exists within, adjacent to, 24 impacts, or is impacted by the activity site, then only one Geologic 25 Detailed Study is required to be completed to conduct a geologic 26 hazard Ccritical Aarea Rreview of the activity. The Critical Area 27 Review report shall meet all of the requirements of each critical 28 area type, but may present a unified mitigation plan. 29 (vii) Where a valid geotechnical report has been prepared within the last 30 five (5) years for a specific site, and where the proposed land use 31 activity and surrounding site conditions are unchanged, said report 32 may be incorporated into the Detailed Study. The applicant shall 33 submit a geotechnical assessment detailing any changed 34 environmental conditions associated with the site. 35 (b) Erosion and Landslide Hazard Areas. In addition to the requirements of 36 PMC 29.01.560 (6)(a)28.32.60 (a), an Eerosion Hhazard or Llandslide 37 Hhazard Aarea Detailed Study must also meet the following requirements: 38 (i) The map shall depict the height of slope, slope gradient, and cross 39 section of the site. The site plan shall also include the location of 40 springs, seeps, or other surface expressions of groundwater. The 41 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 128 January 2015 Site Plan shall also depict any evidence of surface or stormwater 1 runoff. 2 (ii) A description of load intensity, including surface and groundwater 3 conditions, public and private sewage disposal systems, fills and 4 excavations, and all structural development. 5 (iii) An estimate of slope stability and the effect construction and 6 placement of structures will have on the slope duringover the 7 estimated life of the structure. 8 (iv) An estimate of the bluff retreat rate that recognizes and reflects 9 potential catastrophic events such as seismic activity or a one 10 hundred 100-year storm event. 11 (v) An assessment describing the extent and type of vegetative cover. 12 (vi) The geotechnical analysis shall specifically include: 13 (A) Slope stability studies and opinion(s) of slope stability; 14 (B) Proposed angles of cut and fill slopes and site grading 15 requirements; 16 (C) Structural foundation requirements and estimated 17 foundation settlements; 18 (D) Soil compaction criteria; 19 (E) Proposed surface and subsurface drainage; 20 (F) Lateral earth pressures; 21 (G) Vulnerability of the site to erosion; 22 (H) Suitability of on-site soil for use as fill; and, 23 (I) Building limitations. 24 (vii) Mitigation proposals shall include the location and methods of 25 drainage, surface water management, locations, and methods of 26 erosion control, a vegetation management and/or restoration plan, 27 and/or other means for maintaining long- term stability of slopes. 28 (c) Flood Hazard Areas. Flood Hazard Areas are addressed through 29 PMC 29.01.550, Flood Hazard Areas, and the City of Pasco Floodplain 30 regulations (PMC Title 24). If evidence exists that the proposed 31 development area is subject to flood hazards that are not indicated on the 32 City's Flood Hazard Boundary Maps, and site characteristics do not 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 129 January 2015 warrant an Eerosion or Llandslide Hhazard Detailed Study, the City may 1 require additional analysis and preparation of a mitigation plan to 2 determine if the site is suitable for development. 3 (d) Seismic Hazard Areas. In addition to the Basic Requirements 4 PMC 29.01.560 (6)(a)28.32.060 (a), a Detailed Study for a seismic hazard 5 critical area shall also meet the following requirements: 6 (i) The site map shall show all known and mapped faults in the project 7 vicinity. 8 (ii) The geotechnical analysis shall include a complete discussion of 9 the potential impacts of seismic activity reasonably probable on the 10 site (e.g.for example, forces generated and fault displacement). 11 (e) Mine Hazard Areas. In addition to the Basic Requirements 12 PMC 29.01.560 (6)(a)28.32.060 (a), a Detailed Study for a mine hazard 13 critical area shall also meet the following requirements: 14 (i) The Sssite Ppplan shall delineate the existence of mine workings 15 adjacent to or abutting the site, or nearby mine workings, which 16 may impact the site; and 17 (ii) The geotechnical analysis shall include a discussion of the 18 potential for subsidence on the site. 19 (f) Volcanic Hazard Areas. The CityPasco is located in an area of minimal 20 risk from Volcanic Hazard Areas. 21 (7) Performance Standards Minimum Requirements. This section describes the 22 minimum performance standard requirements for Geologic Hazard Areas. 23 (a) Basic Requirements:. 24 (i) Alteration of geologic hazard critical areas is permitted only if the 25 development proposal can be designed so that the hazard to the 26 project and any increase of hazard to adjacent property is 27 eliminated or mitigated, and the development proposal on the site 28 is certified as safe by a geotechnical engineer licensed in the State 29 of Washington. 30 (ii) All proposals involving excavations and placement of fills shall be 31 subject to structural review under Chapter 33, Site Work, 32 Demolition and Construction, of the most current International 33 Building Code. 34 (iii) Essential public facilities as defined by RCW 36.70A.200 shall not 35 be sited within designated geologic hazard areas. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 130 January 2015 (b) Erosion and Landslide Hazard Areas. Activities on sites containing 1 landslide or erosion hazards shall also meet the following requirements: 2 (i) Alterations of the buffer and/or geologic hazard area may only 3 occur for activities meeting the following criteria: 4 (A) No reasonable alternative exists; and 5 (B) A geotechnical report is submitted and certifies that: 6 • The development will not significantly increase 7 surface-water discharge or sedimentation to adjacent 8 properties beyond pre- development conditions; 9 • The development will not decrease slope stability on 10 adjacent properties; and 11 • That such alterations will not adversely impact other 12 critical areas. 13 (ii) A temporary Eerosion and Ssedimentation Ccontrol Pplan, 14 prepared in accordance with the requirements of the standard 15 specification of the City of Pasco. 16 (iii) A drainage plan for the collection, transport, treatment, discharge 17 and/or recycle of water in accordance with the standard 18 specification of the City of Pasco. 19 (iv) Surface drainage shall not be directed across the face of a landslide 20 hazard area (including riverine bluffs or ravines). If drainage must 21 be discharged from the hazard area into adjacent waters, it shall be 22 collected above the hazard and directed to the water by a tight line 23 drain and provided with an energy dissipating device at the point 24 of discharge. 25 (v) All infiltration systems, such as stormwater detention and retention 26 facilities, and curtain drains utilizing buried pipe or French drain, 27 are prohibited in landslide hazard areas and their buffers unless a 28 geotechnical report indicates such facilities or systems or the 29 failure of the same will not affect slope stability and the systems 30 are designed by a licensed civil engineer. 31 (vi) A minimum standard buffer width of thirty (30) feet shall be 32 established from the top, toe, and all edges of landslide and erosion 33 hazard areas. Existing native vegetation shall be maintained. The 34 buffer may be reduced to a minimum of ten (10) feet when an 35 applicant demonstrates the reduction will adequately protect the 36 proposed development, adjacent developments and uses, and the 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 131 January 2015 subject critical area. The buffer may be increased by the City 1 PlannerShoreline Administrator for development adjacent to a 2 river bluff or ravine, or in other areas that circumstances may 3 warrant, where it is determined a larger buffer is necessary to 4 prevent risk of damage to proposed and existing development as in 5 the case where the area potentially impacted by a landslide exceeds 6 thirty (30) feet. 7 (vii) (On-site sewage disposal systems, including drain fields, shall be 8 pProhibited within landslide and erosion hazard areas and related 9 buffers. 10 (viii) Development designs shall meet the following basic requirements, 11 unless it can be demonstrated that an alternative design provides 12 greater long-term slope stability while meeting all other criteria of 13 this Titlesection. The requirement for long-term slope stability 14 shall exclude designs that require periodic maintenance or other 15 actions to maintain their level of function. The basic development 16 design standards are: 17 (A) Structures and improvement shall be clustered to retain as 18 much open space as possible and to preserve the natural 19 topographic features of the site. 20 (B) Structures and improvements shall conform to the natural 21 contour of the slope, and foundations shall be tiered where 22 possible to conform to existing topography. 23 (C) Structures and improvements shall be located to preserve 24 the most critical portion of the site and its natural landforms 25 and vegetation. 26 (D) The use of retaining walls that allow the maintenance of 27 existing natural slope area is preferred over graded artificial 28 slopes. 29 (E) All development shall be designed to minimize impervious 30 lot coverage. 31 (c) Flood Hazard Areas. Activities in flood hazard areas shall comply with 32 PMC 29.01.550, Flood Hazard Areas, and the City of Pasco Floodplain 33 regulations (PMC Title 24)the Flood Plain regulations, Title 24. 34 (d) Seismic Hazard Areas. Activities on sites containing seismic hazards shall 35 also meet the following requirements: 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 132 January 2015 (i) Mitigation is implemented, which reduces the seismic risk to a 1 level equivalent to that which the activity would experience if it 2 were not located in a seismic hazard area. 3 (ii) Structural development proposals shall meet all applicable 4 provisions of Chapter 16 of the most current addition of the 5 International Building Code (Structural Forces/Structural Design 6 Requirements). 7 (iii) No residential structures or Essential Public Facility shall be 8 located on a Holocene fault line as indicated by USGSUSGS 9 investigative maps and studies. 10 (e) Mine Hazard Areas. Activities on sites containing mine hazards shall also 11 meet the following requirements: 12 (i) Mitigation is implemented which reduces the risk from mine 13 hazards to a level equivalent to that which the activity would 14 experience if it were not located in a mine hazard area. 15 (f) Volcanic Hazard Areas. No additional requirements. 16 (8) Long-tTerm Mitigation and Restoration Standards:. 17 (a) The mitigation plan shall specifically address how the activity maintains 18 or reduces the pre-existing level of risk to the site and adjacent properties 19 on a long-term basis (equal to or exceeding the projected lifespan of the 20 activity or occupation). Mitigation techniques providing long-term hazard 21 reduction are those that do not require periodic maintenance or other 22 actions to maintain their function. 23 (b) Mitigation may be required to avoid any increase in risk above the pre--24 existing conditions following abandonment of the activity. 25 (c) Any required restoration shall meet the long-term hazard reduction 26 standards. In the case of restoration, long-term shall be defined as the 27 equivalent of natural function. 28 (d)(c) 29 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 133 January 2015 Article VI. Existing Uses, Structures, and Lots 1 29.01.600 Applicability 2 (1) All nonconformances in shoreline jurisdiction shall be subject to the provisions of 3 this article. For nonconformance of use, structures, and lots within shoreline 4 critical areas, PMC 29.01, Article V, Critical Areas, applies. When there is a 5 conflict between this Section and the Critical Area Section as applicable to critical 6 areas, the more restrictive standards shall apply. 7 (2) The provisions of this SMP do not supersede or relieve a property owner from 8 compliance with: 9 (a) The requirements of the International Building and Fire Codes; or 10 (b) The provisions of the SMP beyond the specific nonconformance addressed 11 by this section. 12 (3) A change in the required permit review process (e.g., Shoreline Substantial 13 Development Permit versus a Shoreline Conditional Use Permit) shall not create a 14 nonconformance. 15 (4) Any nonconformance that is brought into conformance for any period of time 16 shall forfeit status as nonconformance, except as specified in PMC 29.01.610, 17 Nonconforming Uses. 18 (5) A nonconforming lot, use, or structure may be deemed legally nonconforming by 19 providing documentation that the use in question occurred prior to the effective 20 date of this SMP, from one of the following: 21 (a) Local agency permit; 22 (b) Orthophotograph, aerial photograph, or planimetric mapping recognized 23 as legitimate by the agency; or 24 (c) Tax record. 25 29.01.610 Nonconforming Uses 26 (1) If, at the effective date of the SMP and any amendment thereto, a lawful use of 27 land exists that is made no longer permissible under the terms of this SMP, or 28 amendments thereto, such use may be continued as a nonconforming use so long 29 as it remains otherwise lawful subject to the following conditions: 30 (a) No nonconforming use shall be intensified, enlarged, increased, or 31 extended to occupy a greater area of land than was occupied on the 32 effective date of the SMP or the amendment that made the use no longer 33 permissible. Provided that a nonconforming use may be enlarged, 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 134 January 2015 increased, or extended in conformance with applicable bulk and 1 dimensional standards of this SMP upon approval of a 2 Shoreline Conditional Use Permit. 3 (b) No nonconforming use shall be moved in whole or in part to any other 4 portion of the lot that contains the nonconforming use. 5 (c) If any nonconforming use of land ceases for any reason for a period of 6 1 year or more, any subsequent use of such land shall conform to the 7 regulations specified by this SMP for the use environment in which such 8 land is located. 9 (d) A structure, which is being or has been used for a nonconforming use, 10 may be used for a different nonconforming use only upon a finding that: 11 (i) No reasonable alternative conforming use is practical; 12 (ii) The proposed use is equally or more appropriate to the shoreline 13 environment than the existing nonconforming use, and is at least as 14 consistent with the policies and provisions of the act and the SMP; 15 and 16 (iii) Such a change of use shall be subject to a Shoreline Conditional 17 Use Permit approval. Conditions may be attached to the permit as 18 are deemed necessary to ensure compliance with the above 19 findings and the requirements of the SMP and the SMA, and to 20 ensure the use will not become a nuisance or a hazard. 21 29.01.620 Nonconforming Structures 22 (1) If, at the effective date of the SMP or any amendment thereto, a lawful structure 23 or other improvement exists, which is made no longer permissible under the terms 24 of this SMP or amendment thereto, such structure or other improvement may be 25 continued as a nonconforming structure or other improvement so long as it 26 remains otherwise lawful, subject to the following conditions: 27 (a) No nonconforming structure or other improvement shall be altered or 28 changed in a way which increases its nonconformity except as allowed in 29 PMC 29.01.620 (1)(b). 30 (b) Expansions of structures that are nonconforming with respect to a required 31 shoreline buffer: 32 (i) May not encroach any farther waterward into the required 33 shoreline buffer. 34 (ii) Expansions parallel to or landward of shoreline may be allowed 35 provided that said enlargement does not increase the extent of 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 135 January 2015 nonconformity by farther encroaching upon or extending into areas 1 where construction or use would not be allowed for new 2 development or uses. 3 (c) All expansion, extension, maintenance, or repair activities of 4 nonconforming structures or improvements shall be consistent with all 5 other provisions of this SMP, provided the cumulative cost of such 6 maintenance or repair shall not exceed 20% of the assessed valuation of 7 such building, structure, or land (as applicable) at the time such 8 maintenance is completed. 9 (d) When damaged, a nonconforming structure may be restored to the 10 configuration existing immediately prior to the time that the structure was 11 damaged, provided that: 12 (i) The structure is damaged to an extent not exceeding 50% of the 13 replacement cost of the original development. 14 (ii) The applicant applies for permits needed to restore the 15 development within 6 months of the date the damage occurred. 16 (iii) Reconstruction is started within 12 months and is completed within 17 24 months of the date of damage, unless an extension of time is 18 granted by the Shoreline Administrator upon written petition 19 substantiating to the satisfaction of the Administrator due cause for 20 such extension. 21 (iv) The degree of the nonconforming use, building, or structure is not 22 increased. 23 (e) Nothing in this section will prohibit vertical expansion up to the height 24 allowed in the applicable use environment, provided all other applicable 25 requirements of City’s development regulations are met. 26 (f) Upkeep, repairs, and maintenance of a nonconforming structure or other 27 improvement shall be permitted. 28 (2) Should such structure or other improvement be moved for any reason for any 29 distance, it shall thereafter conform to the regulations for the use environment in 30 which it is located. Conformance shall be required when: 31 (a) A change of use is proposed; 32 (b) The use is terminated or discontinued for more than 1 year, or the 33 structure(s) that houses the use is vacated for more than 1 year; or 34 (c) The structure(s) or activity that occurs on the land in which the use is 35 conducted is proposed for relocation. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 136 January 2015 (3) Residential structures and appurtenant structures that were legally established and 1 are used for a conforming use, but that do not meet standards for the following, 2 shall be considered a conforming structure: setbacks, buffers, or yards; area; bulk; 3 height; or density. 4 (4) For purposes of this section, “appurtenant structures” refer to garages, sheds, and 5 other legally established structures. Appurtenant structures do not include 6 bulkheads and other shoreline modifications or overwater structures. 7 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 137 January 2015 Article VII. Administration and Enforcements 1 29.01.700 Roles and Responsibilities 2 (1) Shoreline Administrator: 3 (a) The Community and Economic Development Director of the City of Pasco 4 or his/her designee shall serve as the Shoreline Administrator. The 5 Shoreline Administrator shall issue written Shoreline Exemptions as 6 appropriate, and in the case of a Shoreline Substantial Development 7 Permit grant or deny the permit. The Shoreline Administrator shall 8 administer the shoreline permit and notification systems, and shall be 9 responsible for coordinating the administration of shoreline regulations 10 with zoning enforcement, building permits, and all other regulations 11 regarding land use and development in the City. 12 (b) The Shoreline Administrator shall be familiar with regulatory measures 13 pertaining to shorelines and their use, and, within the limits of his or her 14 authority, shall cooperate in the administration of these measures. Permits 15 issued under the provisions of this shoreline regulation shall be 16 coordinated with other applicable land use and development regulatory 17 measures of the City. The Shoreline Administrator shall establish 18 procedures that advise all parties seeking building permits or other 19 development authorization of the need to consider possible shoreline 20 applications. It is the intent of City, consistent with its regulatory 21 obligations, to simplify and facilitate the processing of 22 Shoreline Substantial Development Permits. 23 (c) The Shoreline Administrator shall ensure proposed regulatory or 24 administrative actions do not unconstitutionally infringe upon private 25 property rights. Shoreline goals and policies should be pursued through 26 the regulation of development of private property only to an extent that is 27 consistent with all relevant constitutional and other legal limitations 28 (where applicable, statutory limitations such as those contained in 29 RCW 82.02 and RCW 43.21C.060) on the regulation of private property. 30 (d) The Shoreline Administrator shall apply PMC 29.01.500, Critical Areas. 31 (2) Hearing Examiner: 32 (a) The Hearing Examiner shall have the authority to decide on appeals from 33 administrative decisions issued by the Shoreline Administrator of this 34 SMP. 35 (b) The Hearing Examiner may grant or deny Shoreline Variances following a 36 public hearing. 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 138 January 2015 (3) Planning Commission: 1 (a) The Planning Commission is vested with the responsibility to review the 2 SMP as part of regular SMP updates required by RCW 90.58.080 as a 3 major element of the City's planning and regulatory program and make 4 recommendations for amendments thereof to the City Co uncil. 5 (b) The Planning Commission reviews Shoreline Conditional Use Permits, 6 following an open record hearing, and sends a recommendation to the 7 City Council. 8 (4) City Council. The City Council is vested with authority to: 9 (a) Initiate an amendment to this SMP according to the procedures prescribed 10 in WAC 173-26-100. 11 (b) Adopt all amendments to this SMP, after consideration of the 12 recommendation of the Planning Commission. Substantive amendments 13 shall become effective immediately upon adoption by Ecology. 14 (c) Approve or deny all shoreline Conditional Use Permits forwarded by the 15 Planning Commission pursuant to PMC 25.86.090. 16 (d) Conducts closed record appeal of any recommendation of the 17 Planning Commission pursuant to PMC 25.86.080. 18 (e) Decide on appeals from the administrative decisions issued by the 19 Shoreline Administrator. 20 29.01.710 Interpretation 21 (1) Under the administrative provisions, the Shoreline Administrator shall have 22 authority to interpret this SMP, when such interpretation is clearly consistent with 23 the goals and policies of this SMP and the SMA. 24 (2) The Shoreline Administrator shall consult with Ecology if formal written 25 interpretations are developed as a result of a lack of clear guidance in the SMA, 26 the SMP guidelines, or this SMP to ensure any are consistent with the purpose 27 and intent of RCW 90.58 and 173-26 WAC. 28 29.01.720 Statutory Noticing Requirements 29 (1) At a minimum, the Shoreline Administrator shall provide notice in accordance 30 with WAC 173.27-110 and may provide for additional noticing requirements. 31 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 139 January 2015 29.01.730 Application Requirements 1 (1) A complete application for a Shoreline Substantial Development, Shoreline 2 Conditional Use, or Shoreline Variance Permit shall contain, at a minimum, 3 contain the information listed in WAC 173-27-180. 4 (2) The Shoreline Administrator shall provide written informational materials, 5 procedures, instructions, and forms required to submit an application for a 6 Shoreline Substantial Development Permit, Variance Permit, or Conditional Use 7 Permit. 8 (3) These materials should include: a plan coversheet; a Joint Aquatic Resource 9 Permits Application (JARPA) form; a SEPA checklist; a fee schedule; review 10 criteria; and the process and timelines to assist potential applicants and interested 11 parties on the permit application submittal and review process. 12 (4) The Shoreline Administrator may vary or waive these requirements according to 13 administrative application requirements on a case-by-case basis. 14 (5) The Shoreline Administrator may require additional specific information 15 depending on the nature of the proposal and the presence of sensitive ecological 16 features or issues related to compliance with other applicable requirements and 17 the provisions of this SMP. 18 29.01.740 Shoreline Substantial Development Permits 19 (1) A Shoreline Substantial Development Permit shall be required for all 20 development on shorelines, unless the proposal is specifically exempted per 21 PMC 29.01.770. Shoreline Substantial Development permits shall be processed as 22 an administrative permit. 23 (2) The Shoreline Administrator shall review Substantial Development Permit 24 applications, as required in PMC 29.01.730, and approve or deny the permit. 25 (3) The Shoreline Administrator shall provide notice in accordance with 26 WAC 173.27-110 and may provide additional notice, according to the City’s 27 noticing requirements. 28 (4) A Shoreline Substantial Development Permit shall be granted only when the 29 development proposed is consistent with: 30 (a) The policies and procedures of the SMA, RCW 90.58; 31 (b) The applicable provisions of WAC 173-27; and 32 (c) This SMP. 33 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 140 January 2015 (5) The Shoreline Administrator may attach conditions to the approval of permits as 1 necessary to ensure consistency of the project with the SMA and this SMP. 2 (6) Nothing shall interfere with the City's ability to require compliance with all other 3 applicable plans and laws. 4 29.01.750 Shoreline Conditional Use Permits 5 (1) Uses specifically classified or set forth in this SMP as conditional uses shall be 6 subject to review and condition by the Shoreline Administrator and Ecology. 7 Applications for a Shoreline Conditional Use Permit shall be processed pursuant 8 to PMC 25.86. 9 (2) Other uses , which are not classified or listed or set forth in this SMP, may be 10 authorized as conditional uses provided the applicant can demonstrate consistency 11 with the requirements of this Section and the requirements for conditional uses 12 contained in this SMP. 13 (3) Uses that are specifically prohibited by this SMP may not be authorized as a 14 conditional use. 15 (4) Review Criteria for Shoreline Conditional Use Permit. Uses that are classified or 16 set forth in the applicable SMP as conditional uses may be authorized provided 17 that the applicant demonstrates all of the following: 18 (a) That the proposed use is consistent with the policies of RCW 90.58.020 19 and the SMP; 20 (b) That the proposed use will not interfere with the normal public use of 21 public shorelines; 22 (c) That the proposed use of the site and design of the project is compatible 23 with other authorized uses within the area and with uses planned for the 24 area under the Comprehensive Plan and SMP; 25 (d) That the proposed use will cause no significant adverse effects to the 26 shoreline environment in which it is to be located; and 27 (e) That the public interest suffers no substantial detrimental effect. 28 (5) In the granting of all Shoreline Conditional Use Permits, consideration shall be 29 given to the cumulative impact of additional requests for like actions in the area. 30 For example, if Shoreline Conditional Use Permits were granted for other 31 developments in the area where similar circumstances exist, the total of the 32 conditional uses shall also remain consistent with the policies of RCW 90.58.020 33 and shall not produce substantial adverse effects to the shoreline environment. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 141 January 2015 (6) In authorizing a conditional use, special conditions may be attached to the permit 1 by the C ity or Ecology to prevent undesirable effects of the proposed use and/or 2 to ensure consistency of the project with the SMA and this SMP. 3 (7) Nothing shall interfere with the City's ability to require compliance with all other 4 applicable plans and laws. 5 29.01.760 Shoreline Variance Permits 6 (1) The purpose of a variance is to grant relief to specific bulk or dimensional 7 requirements set forth in this SMP where there are extraordinary or unique 8 circumstances relating to the property such that the strict implementation of this 9 SMP would impose unnecessary hardships on the applicant or thwart the policies 10 set forth in RCW 90.58.020. Variances from the use regulations of the SMP are 11 prohibited. Applications for Shoreline Variance Permits shall be processed 12 pursuant to PMC 25.84.020 and PMC 29.01.760 (2). 13 (2) Review Criteria: 14 (a) Shoreline Variance Permits should be granted in circumstances where 15 denial of the permit would result in a thwarting of the policy enumerated 16 in RCW 90.58.020. In all instances, the applicant must demonstrate that 17 extraordinary circumstances shall be shown and the public interest shall 18 suffer no substantial detrimental effect. 19 (b) Shoreline Variance Permits for development and/or uses that will be 20 located landward of the OHWM, as defined in RCW 90.58.030(2)(b), 21 and/or landward of any wetland, as defined in RCW 90.58.030(2)(h), may 22 be authorized provided the applicant can demonstrate all of the following: 23 (i) That the strict application of the bulk, dimensional, or performance 24 standards set forth in the SMP precludes, or significantly interferes 25 with, reasonable use of the property; 26 (ii) That the hardship described in criterion PMC 29.01.760 (2)(b)(i) of 27 this subsection is specifically related to the property and is the 28 result of unique conditions, such as irregular lot shape, size, or 29 natural features, and the application of the SMP, and not, for 30 example, from deed restrictions or the applicant's own actions; 31 (iii) That the design of the project is compatible with other authorized 32 uses within the area and with uses planned for the area under the 33 Comprehensive Plan and SMP and will not cause adverse impacts 34 on the shoreline environment; 35 (iv) That the variance will not constitute a grant of special privilege not 36 enjoyed by the other properties in the area; 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 142 January 2015 (v) That the variance requested is the minimum necessary to afford 1 relief; and 2 (vi) That the public interest will suffer no substantial detrimental effect. 3 (c) Shoreline Variance Permits for development and/or uses that will be 4 located waterward of the OHWM, as defined in RCW 90.58.030(2)(b), or 5 within any wetland, as defined in RCW 90.58.030(2)(h), may be 6 authorized provided the applicant can demonstrate all of the following: 7 (i) That the strict application of the bulk, dimensional, or performance 8 standards set forth in the applicable SMP precludes all reasonable 9 use of the property; 10 (ii) That the proposal is consistent with the criteria established under 11 PMC 29.01.760 (2)(b) (i)-(iv) above can be met; and 12 (iii) That the public rights of navigation and use of the shorelines will 13 not be adversely affected. 14 (d) In the granting of all Shoreline Variance Permits, consideration shall be 15 given to the cumulative impact of additional requests for like actions in the 16 area. For example, if variances were granted to other developments and/or 17 uses in the area where similar circumstances exist, the total of the 18 variances shall also remain consistent with the policies of RCW 90.58.020 19 and shall not cause substantial adverse effects to the shoreline 20 environment. 21 29.01.770 Exemptions from Shoreline Substantial Development Permits 22 (1) An exemption from the Shoreline Substantial Development Permit process is not 23 an exemption from compliance with the SMA or this SMP, or from any other 24 regulatory requirements. All proposed uses, activities, or development occurring 25 within shoreline jurisdiction must conform to the intent and requirements of 26 RCW 90.58, the SMA, and this SMP, whether or not a permit or other form of 27 authorization is required. 28 (2) Letters of exemption shall be issued by the Shoreline Administrator when an 29 exemption applies or when a letter of exemption is required b y the provisions of 30 WAC 173-27-050 and as follows: 31 (a) Any person claiming exemption from the Substantial Development Permit 32 requirements shall make an application to the Shoreline Administrator for 33 such an exemption in the manner prescribed by the 34 Shoreline Administrator, except that no written statement of exemption is 35 required for emergency development pursuant to WAC 173-27-040(2)(d). 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 143 January 2015 (b) The Shoreline Administrator is authorized to grant or deny requests for 1 statements of exemption from the Shoreline Substantial Development 2 Permit requirement for uses and developments within shorelines that are 3 specifically listed in PMC Section 29.01.770 (4). The statement shall be in 4 writing and shall indicate the specific exemption of this SMP that is being 5 applied to the development and shall provide a summary of the 6 Shoreline Administrator’s analysis of the consistency of the project with 7 this SMP and the SMA. The letter shall be sent to the applicant and 8 maintained on file in the offices of the Shoreline Administrator. 9 (c) Statements of exemption may contain conditions and/or mitigating 10 measures of approval to achieve consistency and compliance with the 11 provisions of this SMP and the SMA. 12 (d) A denial of an exemption shall be in writing and shall identify the 13 reason(s) for the denial. The Shoreline Administrator’s decision may be 14 appealed pursuant to PMC 29.01.810, Appeals. 15 (e) Exempt activities requiring a JARPA shall not be conducted until a 16 statement of exemption has been obtained from the 17 Shoreline Administrator. 18 (3) Interpretations of Exemptions: 19 (a) Exemptions shall be construed narrowly. Only those developments that 20 meet the precise terms of one or more of the listed exemptions may be 21 granted exemption from the Shoreline Substantial Development Permit 22 process. 23 (b) A development or use that is listed as a conditional use pursuant to this 24 SMP, or is an unlisted use, must obtain a Shoreline Conditional Use 25 Permit even though the development or use does not require a 26 Shoreline Substantial Development Permit. When a development or use is 27 proposed that does not comply with the bulk, dimensional, and 28 performance standards of this SMP, such development or use can only be 29 authorized by approval of a Shoreline Variance Permit. 30 (c) The burden of proof that a development or use is exempt from the permit 31 process is on the applicant. 32 (d) If any part of a proposed development is not eligible for exemption, then a 33 Shoreline Substantial Development Permit is required for the entire 34 proposed development project. 35 (e) The Shoreline Administrator may attach conditions to the approval of 36 exempted developments and/or uses as necessary to ensure consistency of 37 the project with the SMA and this SMP. Additionally, nothing shall 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 144 January 2015 interfere with each responsible local government's ability to require 1 compliance with all other applicable laws and plans. 2 (4) The City shall exempt from the Shoreline Substantial Development Permit 3 requirement the shoreline developments listed below: 4 (a) Any development of which the total cost or fair market value does not 5 exceed $6,416 or as adjusted by the State Office of Financial 6 Management, if such development does not materially interfere with the 7 normal public use of the water or shorelines of the state. For purposes of 8 determining whether or not a permit is required, the total cost or fair 9 market value shall be based on the value of development that is occurring 10 on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total 11 cost or fair market value of the development shall include the fair market 12 value of any donated, contributed, or found labor, as well as equipment, or 13 materials. 14 (b) Normal maintenance or repair of existing legally established structures or 15 developments, including damage by accident, fire, or elements. 16 Replacement of a structure or development may be authorized as repair 17 where such replacement is the common method of repair for the type of 18 structure or development and the replacement structure or development is 19 comparable to the original structure or development, including, but not 20 limited to, its size, shape, configuration, location, and external appearance 21 and the replacement does not cause substantial adverse effects to shoreline 22 resources or environment. 23 (c) Construction of a normal protective bulkhead common to single-family 24 residences. A normal protective bulkhead includes those structural and 25 non-structural developments installed at or near, and parallel to, the 26 OHWM for the sole purpose of protecting an existing single-family 27 residence and appurtenant structures from loss or damage by erosion. A 28 normal protective bulkhead is not exempt if constructed for the purpose of 29 creating dry land. When a vertical or near vertical wall is being 30 constructed or reconstructed, not more than 1 cubic yard of fill per one 31 1 foot of wall may be used as backfill. When an existing bulkhead is being 32 repaired by construction of a vertical wall fronting the existing wall, it 33 shall be constructed no farther waterward of the existing bulkhead than is 34 necessary for construction of new footings. When a bulkhead has 35 deteriorated such that an OHWM has been established by the presence and 36 action of water landward of the bulkhead, then the replacement bulkhead 37 must be located at or near the actual OHWM. Bioengineered 38 erosion-control projects may be considered a normal protective bulkhead 39 when any structural elements are consistent with the above requirements 40 and when the project has been approved by WDFW. 41 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 145 January 2015 (d) Emergency construction necessary to protect property from damage by the 1 elements. An emergency is an unanticipated and imminent threat to public 2 health, safety, or the environment that requires immediate action within a 3 time too short to allow full compliance with this SMP. Emergency 4 construction does not include development of new permanent protective 5 structures where none previously existed. Where new protective structures 6 are deemed by the Shoreline Administrator to be the appropriate means to 7 address the emergency situation, and upon abatement of the emergency 8 situation, the new structure shall be removed or any permit that would 9 have been required, absent an emergency, pursuant to RCW 90.58 these 10 regulations, or this SMP, shall be obtained. All emergency construction 11 shall be consistent with the policies and requirements of this section, RCW 12 90.58, and this SMP. As a general matter, flooding or other seasonal 13 events that can be anticipated and may occur but that are not imminent are 14 not an emergency. 15 (i) The following criteria shall exist to qualify any action under an 16 emergency provision: 17 (A) There must be an immediate threat to life, or public or 18 private property, or an immediate threat of serious 19 environmental degradation arising from a natural condition, 20 or non-natural accident or incident; 21 (B) The emergency response shall be confined to the action 22 necessary to protect life or property from damage; 23 (C) The scope of the emergency response must be limited to the 24 work necessary to relieve the immediate threat; and 25 (D) The emergency response applies only to the period of time 26 in which the actual emergency exists. 27 (ii) Once the emergency is abated or dissipated as deemed by 28 jurisdictional authorities, compliance with the requirements of this 29 section is required. 30 (iii) Emergency actions shall use reasonable methods that minimize the 31 impact to critical areas and their buffers. Persons who take 32 emergency action shall notify the Shoreline Administrator within 33 1 working day following commencement of the emergency 34 activity. Following such notification, the Shoreline Administrator 35 shall determine if the action taken was within the scope and 36 definition of emergency actions as defined above. If the 37 Shoreline Administrator determines the action taken or any part of 38 the action taken was beyond the scope and definition of allowed 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 146 January 2015 emergency actions, then the enforcement provisions of 1 PMC 29.01.830 shall apply. 2 (e) Construction and practices normal or necessary for farming, irrigation, and 3 ranching activities, including agricultural service roads and utilities on 4 shorelands and the construction and maintenance of irrigation structures, 5 including, but not limited to, head gates, pumping facilities, and irrigation 6 channels. A feedlot of any size, all processing plants, other activities of a 7 commercial nature, and alteration of the contour of the shorelands by 8 leveling or filling, other than that which results from normal cultivation, 9 shall not be considered normal or necessary farming or ranching activities. 10 (f) Construction or modification of navigational aids such as channel markers 11 and anchor buoys. 12 (g) Construction on shorelands by an owner, lessee, or contract purchaser of a 13 single-family residence or appurtenance for their own use or for the use of 14 their family, which residence does not exceed a height of 35 feet above 15 average grade level and which meets all requirements of the City, other 16 than requirements imposed pursuant to RCW 90.58. Construction 17 authorized under this exemption, shall be located landward of the OHWM. 18 (h) Construction of a dock, including a community dock designed for pleasure 19 craft only and for the private non-commercial use of the owner, lessee, or 20 contract purchaser of a single-family or multiple-family residence. This 21 exception applies when the fair market value of the dock does not exceed 22 $10,000, but if subsequent construction having a fair market value 23 exceeding $2,500.00 occurs within 5 years of completion of the prior 24 construction, the subsequent construction shall be considered a substantial 25 development for the purpose of this section. 26 (i) Operation, maintenance, repair, or construction of canals, waterways, 27 drains, reservoirs, or other facilities that now exist or are hereafter created 28 or developed as a part of an irrigation system for the primary purpose of 29 making use of system waters, including return flow and artificially stored 30 groundwater from the irrigation of lands. 31 (j) The marking of property lines or corners on state-owned lands, when such 32 marking does not significantly interfere with normal public use of the 33 surface of the water. 34 (k) Operation and maintenance of existing and future system of dikes, drains, 35 or other facilities existing on September 8, 1975 (where water is being 36 drained from irrigation runoff or shallow groundwater levels artificially 37 recharged through irrigation, and that), which are created, developed or 38 utilized primarily as a part of an agricultural drainage or diking system. 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 147 January 2015 (l) Any project with a certification from the governor pursuant to RCW 80.50 1 (certification from the State Energy Facility Site Evaluation Council). 2 (m) Site exploration and investigation activities that are prerequisite to 3 preparation of an application for development authorization under this 4 section, if: 5 (i) The activity does not interfere with the normal public use of 6 surface waters; 7 (ii) The activity will have no significant adverse impact on the 8 environment, including, but not limited to, fish, wildlife, fish or 9 wildlife habitat, water quality, and aesthetic values; 10 (iii) The activity does not involve the installation of any structure and, 11 upon completion of the activity, the vegetation and land 12 configuration of the site are restored to conditions existing before 13 the activity; and 14 (iv) A private entity seeking development authorization under this 15 section first posts a performance bond or provides other evidence 16 of financial responsibility to the local jurisdiction to ensure the site 17 is restored to preexisting conditions. 18 (n) The process of removing or controlling aquatic noxious weeds, as defined 19 in RCW 17.26.020, through the use of an herbicide or other treatment 20 methods applicable to weed control published by the Departments of 21 Agriculture or Ecology jointly with other state agencies under 22 RCW 43.21C. 23 (o) Watershed restoration projects as defined in RCW 89.08.460. 24 (p) A public or private project that is designed to improve fish or wildlife 25 habitat or fish passage when all of the following apply: 26 (i) The project has been approved by WDFW; 27 (ii) The project has received HPA by WDFW pursuant to RCW 77.55; 28 (iii) The City has determined that the project is substantially consistent 29 with the local SMP. The City shall make such determination in a 30 timely manner and provide it by letter to the applicant; and 31 (iv) Fish habitat enhancement projects that conform to the provisions 32 of RCW 77.55.181 are determined to be consistent with local 33 SMPs. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 148 January 2015 (q) Any person conducting a remedial action at a facility pursuant to a consent 1 decree, order, or agreed order issued pursuant to RCW 70.105D or to 2 Ecology when it conducts a remedial action under RCW 70.105D. 3 (r) Other than conversions to non-forest land use, forest practices regulated 4 under RCW 76.09 are not subject to additional regulations under the SMA 5 or this SMP (90.58.030(2)(d)(ii)). 6 29.01.780 Duration of Permits (Discuss with City –different timeframe can be used) 7 (1) The duration of permits shall be consistent with WAC 173-27-090 as follows: 8 (a) Construction activities shall be commenced or, where no construction 9 activities are involved, the use or activity shall be commenced within 10 2 years of the effective date of a substantial development permit. The City 11 may authorize a single extension for a period not to exceed 1 year based 12 on reasonable factors if a request for extension has been filed before the 13 expiration date and notice of the proposed extension is given to parties of 14 record on the substantial development permit and to the department. 15 (b) Authorization to conduct development activities shall terminate 5 years 16 after the effective date of a Substantial Development Permit. However, the 17 City may authorize a single extension for a period not to exceed 1 year 18 based on reasonable factors if a request for extension has been filed before 19 the expiration date and notice of the proposed extension is given to parties 20 of record and to the department. 21 29.01.790 Initiation of Development 22 (1) Each permit for a Substantial Development, Shoreline Conditional Use, or 23 Shoreline Variance issued by local government shall contain a provision that 24 construction pursuant to the permit shall not begin and is not authorized until 25 21 days from the date of receipt with Ecology as defined in RCW 90.58.140(6) 26 and WAC 173-27-130, or until all review proceedings initiated within 21 days 27 from the date of receipt of the decision. The date of filing for a 28 Substantial Development Permit is the date of actual receipt by Ecology of a local 29 government's final decision on the permit. With regard to a permit for a 30 Shoreline Variance or a Shoreline Conditional Use, date of filing means the date a 31 responsible local government or applicant receives the written decision of 32 Ecology. When a Substantial Development Permit and a Conditional Use or 33 Variance Permit are required for a development, the submittal on the permits shall 34 be made concurrently. 35 (2) Permits for Substantial Development, Shoreline Conditional use, or 36 Shoreline Variance may be in any form prescribed and used by the City, including 37 a combined permit application form. Such forms will be supplied by the City. 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 149 January 2015 (3) A permit data sheet shall be submitted to Ecology with each shoreline permit. The 1 permit data sheet form shall be consistent with WAC 173-27-990. 2 29.01.800 Review Process 3 (1) After the City’s approval of a Shoreline Conditional Use or Variance Permit, the 4 City shall submit the permit to Ecology for approval, approval with conditions, or 5 denial. Ecology shall render and transmit to the City and the applicant its final 6 decision approving, approving with conditions, or disapproving the permit within 7 30 days of the date of submittal by the City pursuant to WAC 173-27-110. 8 (2) Ecology shall review the complete file submitted by the City on Shoreline 9 Conditional Use or Variance Permits and any other information submitted or 10 available that is relevant to the application. Ecology shall base its determination to 11 approve, approve with conditions, or deny a Conditional Use Permit or 12 Variance Permit on consistency with the policy and provisions of the SMA and 13 except as provided in WAC 173-27-210 and the criteria in WAC 173-27-160 and 14 173-27-170. 15 (3) The City shall provide timely notification of the Ecology's final decision to those 16 interested persons having requested notification from local government pursuant 17 to WAC 173-27-130. 18 29.01.810 Appeals 19 (1) Appeals of Shoreline Permit Decisions. The City’s decisions on shoreline permits 20 may be appealed to the following bodies in this sequence: 21 (a) Pasco City Council in accordance with PMC 25.86.080. 22 (b) State Shorelines Hearings Board (SHB) in Tumwater. 23 (c) SHB decisions may be appealed to superior court. 24 (d) Superior court decisions may be appealed to the Court of Appeals. 25 (e) Appeals Court decisions may be appealed to the Washington Supreme 26 Court. 27 (f) Appeals to the SHB and courts are governed by RCW 90.58.180, 28 RCW 43.21B.001, RCW 34.05 Part V, and WAC 461.08. 29 (2) All requests for review of any final permit decisions under RCW 90.58 and 30 WAC 173-27 are governed by the procedures established in RCW 90.58.180, 31 WAC 461-08, and the rules of practice and procedure of the SHB. 32 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 150 January 2015 29.01.820 Amendments to Permits 1 (1) A permit revision is required whenever the applicant proposes substantive 2 changes to the design, terms, or conditions of a project from that which is 3 approved in the permit. Changes are substantive if they materially alter the project 4 in a manner that relates to its conformance to the terms and conditions of the 5 permit, the SMP, and/or the policies and provisions of RCW 90.58. Changes that 6 are not substantive in effect do not require approval of a revision. 7 (2) Revisions to permits shall be considered consistent with WAC 173-27-100. 8 29.01.830 Enforcement 9 (1) The SMA provides for a cooperative program between the City and Ecology to 10 implement and enforce the provisions of the SMA and this SMP. This section 11 provides for a variety of means of enforcement, including civil and criminal 12 penalties, orders to cease and desist, and orders to take corrective action, in 13 accordance with WAC 173-27-270, 173-27-280, 173-27-290, and 173-27-300, 14 and PMC 25.08. The enforcement means and penalties provided herein are not 15 exclusive and may be taken or imposed in conjunction with, or in addition to, any 16 other civil enforcement actions and civil penalties, injunctive or declaratory relief, 17 criminal prosecution, actions to recover civil or criminal penalties, or any other 18 action or sanction authorized by this section, or any other provision of the PMC, 19 or any other provision of state or federal law and regulation. 20 (2) The Shoreline Administrator, with the assistance of the City Attorney, shall have 21 authority to commence and prosecute any enforcement action authorized by this 22 section. In determining the appropriate enforcement actions to be commenced and 23 prosecuted, the Shoreline Administrator shall consider the following factors: 24 (a) The nature of the violation; 25 (b) The extent of damage or potential future risk to the shoreline environment 26 and its ecological functions or to the public health and safety, caused by or 27 resulting from, whether directly or indirectly, the alleged violation; 28 (c) The existence of knowledge, intent, or malice on behalf of the violator; 29 (d) The economic benefit or advantage that accrued to the violator(s) as a 30 result of the violation; and 31 (e) The estimated actions and costs of providing adequate mitigation, 32 restoration, rehabilitation, or enhancement to repair or minimize any 33 substantial adverse impacts upon the shoreline environment and its 34 ecological functions or the public health and safety. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 151 January 2015 (3) The Shoreline Administrator may commence and prosecute enforcement action 1 jointly with Ecology. Pursuant to WAC 173-27, Ecology may initiate and 2 prosecute enforcement action separate from the Shoreline Administrator. 3 29.01.840 Cumulative Effects of Shoreline Developments 4 (1) The City will periodically evaluate the effectiveness of the SMP update for 5 achieving no net loss of shoreline ecological functions with respect to shoreline 6 permitting and exemptions. At the end of the first full year after adoption, and at 7 the end of every other year thereafter, the Shoreline Administrator shall prepare a 8 report documenting shoreline development permits, conditional permits, and 9 variances, including the exempt use activity approvals and the locations and 10 effects of each by type and classifications. The report should include activities 11 involving development, conservation, restoration, mitigation, and enforcement. It 12 should summarize the net change of developments (including new development 13 and decommissioning of structures and protected areas) using indicators such as 14 linear length of stabilization and flood hazard structures, number of overwater 15 structures (e.g., piers and docks), road length within shoreline, number of 16 waterbody road crossings, number of levees/dikes, acres of impervious surface 17 areas, acres of vegetation, acres of permanently protected areas, or areas with 18 limited development. Compliance and enforcement activity will also be tracked. 19 (2) The Shoreline Administrator, will, to the extent feasible, coordinate with other 20 City departments or as adjacent jurisdictions, to assess cumulative effects of 21 shoreline development. 22 29.01.850 Amendments to Shoreline Master Program 23 (1) Amendments to the SMP shall be processed as legislative decisions pursuant to 24 PMC 24.88 and WAC 173-26-110. 25 (2) Any locally approved amendments to the SMP will not become effective until 26 approved by Ecology. 27 29.01.860 Definitions 28 (1) "Act" means the Washington State SMA, RCW 90.58. 29 (2) "Active fault" means a fault that is considered likely to undergo renewed 30 movement within a period of concern to humans. Faults are commonly considered 31 to be active if the fault has moved one or more times in the last 10,000 years. 32 (3) "Additions" means improvements to an existing building or structure, the cost of 33 which does not exceed 50% of the assessed value of the total structure or result in 34 an increase greater than 25% of the building footprint (up to a maximum of 35 500 square feet) before the addition is started. Additions must share a common 36 wall (one full side) with the original structure. 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 152 January 2015 (4) "Adjacent," for purposes of applying Article V - Critical Areas, means 1 immediately adjoining (in contact with the boundary of the influence area) or 2 within a distance less than that needed to separate activities from critical areas to 3 ensure protection of the functions and values of the critical areas. Adjacent shall 4 mean any activity or development located: 5 (a) On-site immediately adjoining a critical area; or 6 (b) A distance equal to or less than the required critical area buffer width and 7 building setback. 8 (5) "Agricultural activities" means agricultural uses and practices including, but not 9 limited to: producing, breeding, or increasing agricultural products; rotating and 10 changing agricultural crops; allowing land used for agricultural activities to lie 11 fallow in which it is plowed and tilled but left unseeded; allowing land used for 12 agricultural activities to lie dormant as a result of adverse agricultural market 13 conditions; allowing land used for agricultural activities to lie dormant because 14 the land is enrolled in a local, state, or federal conservation program, or the land is 15 subject to a conservation easement; conducting agricultural operations; 16 maintaining, repairing, and replacing agricultural equipment; maintaining, 17 repairing, and replacing agricultural facilities, provided that the replacement 18 facility is no closer to the shoreline than the original facility; and maintaining 19 agricultural lands under production or cultivation. Also see definition of "New 20 Agricultural Activities" below. 21 (6) "Agricultural products" includes: but is not limited to horticultural, viticultural, 22 floricultural, and vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, 23 and apiary products; feed or forage for livestock; Christmas trees; hybrid 24 cottonwood and similar hardwood trees grown as crops and harvested within 25 20 years of planting; and livestock, including both the animals themselves and 26 animal products including, but not limited to, meat, upland finfish, poultry and 27 poultry products, and dairy products. 28 (7) "Agricultural equipment" includes, but is not limited to, the following used in 29 agricultural operations: 30 (a) Equipment; machinery; constructed shelters, buildings, and ponds; fences; 31 upland finfish rearing facilities; water diversion, withdrawal, conveyance, 32 and use equipment and facilities including, but not limited to, pumps, 33 pipes, tapes, canals, ditches, and drains; 34 (b) Corridors and facilities for transporting personnel, livestock, and 35 equipment to, from, and within agricultural lands; 36 (c) Farm residences and associated equipment, lands, and facilities; and 37 (d) Roadside stands and on-farm markets for marketing fruit or vegetables. 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 153 January 2015 (8) Agricultural facilities. See "Agricultural equipment." 1 (9) "Agricultural land" means those specific land areas on which agriculture activities 2 are conducted as of the date of adoption of a local SMP pursuant to these 3 guidelines as evidenced by aerial photography or other documentation. After the 4 effective date of the SMP, land converted to agricultural use is subject to 5 compliance with the requirements of the SMP. 6 (10) "Alteration," for purposes of applying Article V - Critical Areas, means any 7 human-induced change in an existing condition of a critical area or its buffer. 8 Alterations include grading, filling, dredging, channelizing, clearing (vegetation), 9 applying pesticides, discharging waste, construction, compaction, excavation, 10 modifying for stormwater management, relocating, or other activities that change 11 the existing landform, vegetation, hydrology, wildlife, or habitat value of critical 12 areas. 13 (11) "Amendment" means a revision, update, addition, deletion, and/or reenactment to 14 an existing SMP. 15 (12) "Applicant" means a person who files an application for a permit under this SMP 16 and who is either the owner of the land on which that proposed activity would be 17 located, a contract purchaser, or the authorized agent of such a person. 18 (13) "Approval" means an official action by a local government legislative body 19 agreeing to submit a proposed SMP or amendments to Ecology for review and 20 official action pursuant to this SMP or an official action by Ecology to make a 21 local government SMP effective, thereby incorporating the approved SMP or 22 amendment into the SMP. 23 (14) "Aquaculture" means the culture or farming of fish or other aquatic plants and 24 animals. 25 (15) "Aquifer recharge area" means an area through which precipitation and surface 26 water infiltrate the soil and are transmitted through rocks and soil to create 27 groundwater storage. They are also areas where an aquifer that is a source of 28 drinking water is vulnerable to contamination that would affect the potability of 29 water. 30 (16) "Area of Influence" encompasses an area that is 2.5 times the height of a slope. 31 The Area of Influence applies to areas that have geologically hazardous attributes 32 consistent with an Erosion or Landslide Hazard Area as defined in 33 PMC 29.01.860, Definitions, andPMC 29.01.560, Geological Hazard Areas. This 34 mapped area surrounds the hazard area from all points for a distance of 2.5 times 35 the height of the applicable slope. Areas with a 15% slope or greater as its only 36 attribute do not have an Area of Influence. 37 (17) "Area of shallow flooding" means a designated AO or AH zone on the FIRM. AO 38 is characterized as sheet flow and AH indicates ponding. The base flood depths 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 154 January 2015 range from 1 to 3 feet; a clearly defined channel does not exist; the path of 1 flooding is unpredictable and indeterminate; and velocity flow may be evident. 2 (18) "Area of special flood hazard" means the land in the floodplain within a 3 community subject to a 1% or greater chance of flooding in any given year. 4 Designation on maps always includes the letters A or V. 5 (19) "Assessed value" means assessed valuation shall be as established by the County 6 assessor's office, unless otherwise provided by a market appraisal institute 7 appraisal. 8 (20) "Associated wetlands" are those wetlands that are in proximity to and either 9 influence or are influenced by a stream subject to the SMA. 10 (21) "Average grade level" means the average of the natural or existing topography of 11 the portion of the lot, parcel, or tract of real property that will be directly under 12 the proposed building or structure. In the case of structures to be built over water, 13 average grade level shall be the elevation of the OHWM. Calculation of the 14 average grade level shall be made by averaging the ground elevations at the 15 midpoint of all exterior walls of the proposed building or structure. 16 (22) "Base flood" means a flood having a 1% chance of being equaled or exceeded in 17 any given year. Also referred to as the "100-year flood." Designated on FIRMS 18 with the letters A or V. 19 (23) "Base flood elevation" means the water surface elevation of the base flood. It 20 shall be referenced to the North American Vertical Datum of 1988. 21 (24) "Basement" means any area of a building having its floor subgrade (below ground 22 level) on all sides. 23 (25) "Best management practices (BMPs)" means conservation practices or systems of 24 practice and management measures that: 25 (a) Control soil loss and reduce water quality degradation caused by high 26 concentrations of nutrients, animal waste, toxics, and sediment; 27 (b) Minimize adverse impacts on surface water and groundwater flow, and 28 circulation patterns, and the chemical, physical, and biological 29 characteristics of wetlands; 30 (c) Protect trees and vegetation designated to be retained during and following 31 site construction; and 32 (d) Provide standards for proper use of chemical herbicides within critical 33 areas. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 155 January 2015 (26) "Best Management Practices, Agricultural" means systems of practices, schedules 1 of activities, prohibitions, maintenance procedures, and management measures 2 that prevent or minimize adverse impacts to the environment. Such practices may 3 be subject to varying conditions, which include geographical location, weather, 4 soil or mineral types and conditions, type of crop or livestock, type of mining, and 5 management systems. Generally accepted agricultural BMPs include those 6 practices historically carried out in the region and those practices defined by the 7 State of Washington, Department of Agriculture, recommendations by the 8 U.S. Department of Agriculture, and other professional and industry agricultural 9 organizations. 10 (27) "Boating facilities" allowed in the City include boat launches and upland boat 11 storage, marinas, and other boat moorage structures or uses. For the purposes of 12 this SMP, boating facilities excludes docks serving four or fewer single-family 13 residences. 14 (28) "Breakwater" means an offshore structure whose primary purpose is to protect 15 harbors, moorages, and navigation activity from wave and wind action by creating 16 stillwater areas along shore. A secondary purpose is to protect shorelines from 17 wave-caused erosion. Breakwaters are generally built parallel to shore, may or 18 may not be connected to land, and may be floating or stationary. 19 (29) "Buffer, Critical Areas," means an area, which provides the margin of safety 20 through protection of slope stability, attenuation of surface water flows and 21 landslide hazards reasonably necessary to minimize risk to the public from loss of 22 life or well-being or property damage resulting from natural disasters, or an area 23 which is an integral part of a stream or wetland ecosystem and which provides 24 shading, input of organic debris and coarse sediments, room for variation in 25 stream or wetland boundaries, habitat for wildlife and protection from harmful 26 intrusion necessary to protect the public from losses suffered when the functions 27 and values of aquatic resources are degraded. 28 (30) "Building setback line" means a line beyond which the foundation of a structure 29 shall not extend. 30 (31) "City" means the City of Pasco. 31 (32) "Clearing" means the cutting, killing, grubbing, or removing of vegetation or 32 other organic material by physical, mechanical, chemical, or any other similar 33 means. 34 (33) "Cluster" means a group of three or more significant trees with overlapping or 35 touching crowns. 36 (34) "Community access" means a shoreline access available to a group or community 37 (e.g., homeowners association), which may not be accessible to general public. 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 156 January 2015 (35) "Compensation project" means actions specifically designed to replace 1 project-induced critical area and buffer losses. Compensation project design 2 elements may include land acquisition, planning, construction plans, monitoring, 3 and contingency actions. 4 (36) "Compensatory mitigation" means types of mitigation used to replace project-5 induced critical areas and buffer losses or impacts. 6 (37) "Critical aquifer recharge area" means those areas that are: 7 (a) Designated as "Wellhead Protection Areas" pursuant to 8 WAC 246-290-135(4) and the groundwater contribution area in WAC 9 246-291-100 (2)(e). Wellhead protection areas shall, for the purpose of 10 this regulation, include the identified recharge areas associated with either 11 Group A public water supply wells and those Group B wells with a 12 Wellhead Protection Plan filed with the Franklin County Health District; 13 and 14 (b) Identified in the Soil Survey of Pasco as having high potential for aquifer 15 recharge, including those soil types identified by the 16 Shoreline Administrator. 17 (38) "Crown" means the area of a tree containing leaf- or needle-bearing branches. 18 (39) "Cultural and historic resources" means buildings, sites and areas having 19 archaeological, historic, cultural, or scientific value or significance. 20 (40) "Designated floodway" means the regulatory floodway that has been delineated 21 on the City's FIRM. 22 (41) "Developable area" means a site or portion of a site that may be utilized as the 23 location of development, in accordance with the rules of this SMP. 24 (42) "Development" means a use consisting of: the construction or exterior alteration 25 of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or 26 minerals; bulk heading; driving of piling; placing of obstructions; or any project 27 of a permanent or temporary nature, which interferes with the normal public use 28 of the surface of the waters overlying lands subject to the act at any stage of water 29 level. 30 (43) "Development permit" means any permit issued by the City or other authorized 31 agency, for construction, land use, or the alteration of land. 32 (44) "Dock" means, as a general term, a structure, or group of structures that provides 33 boat moorage or other uses. A dock may be made up of piers (which are structures 34 on fixed piles) and floats (which float on the water's surface and are typically 35 attached to piles so that they may rise and fall with changes in the water's 36 elevation). 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 157 January 2015 (45) "Dredging" means the removal of sediments from the bed of a waterbody by 1 mechanical means. 2 (46) "Ecological functions" or "shoreline functions" means the work performed or role 3 played by the physical, chemical, and biological processes that contribute to the 4 maintenance of the aquatic and terrestrial environments that constitute the 5 shoreline's natural ecosystem. 6 (47) "Ecosystem-wide processes" means the suite of naturally occurring physical and 7 geologic processes of erosion, transport, and deposition, and specific chemical 8 processes that shape landforms within a specific shoreline ecosystem and 9 determine the types of habitat and the associated ecological functions. 10 (48) "Erosion" means the detachment and movement of soil or rock by water, wind, 11 ice, or gravity. 12 (49) "Erosion hazard area" means those areas that, because of natural characteristics, 13 including vegetative cover, soil texture, slope gradient, rainfall patterns, or 14 human-induced changes to such characteristics, are vulnerable to erosion. 15 (50) "Feasible" means, for the purpose of this SMP, that an action, such as a 16 development project, mitigation, or preservation requirement, meets all of the 17 following conditions: (a) the action can be accomplished with technologies and 18 methods that have been used in the past in similar circumstances, or studies or 19 tests have demonstrated in similar circumstances that such approaches are 20 currently available and likely to achieve the intended results; (b) the action 21 provides a reasonable likelihood of achieving its intended purpose; and (c) the 22 action does not physically preclude achieving the project's primary intended legal 23 use. In cases where these guidelines require certain actions, unless they are 24 infeasible, the burden of proving infeasibility is on the applicant. In determining 25 an action's infeasibility, the reviewing agency may weigh the action's relative 26 public costs and public benefits, considered in the short-and long-term time 27 frames. 28 (51) "Federal Emergency Management Agency (FEMA)" means the agency that 29 oversees the administration of the National Flood Insurance Program (44 Code of 30 Federal Regulation [CFR]). 31 (52) "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining 32 structure, or other material to an area waterward of the OHWM, in wetlands or on 33 shoreline areas in a manner that raises the elevation or creates dry land. 34 (53) "Fish and wildlife habitat conservation areas" means areas necessary for 35 maintaining species in suitable habitats within their natural geographic 36 distribution so isolated subpopulations are not created as designated by 37 WAC 365-190-080(5). These areas include: 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 158 January 2015 (a) Areas within which state and federal endangered and threatened species 1 exist, or state sensitive, candidate, and monitor species have a primary 2 association; 3 (b) Priority Habitat and Species Areas identified by the WDFW; 4 (c) Habitats and species of local importance that have been designated by the 5 City at the time of application; 6 (d) Naturally occurring ponds less than 20 acres and their submerged aquatic 7 beds that provide fish or wildlife habitat. These do not include ponds 8 deliberately designed and created from dry sites such as canals, detention 9 facilities, wastewater treatment facilities, farm ponds, temporary 10 construction ponds of less than 3 years duration, and landscape amenities. 11 Naturally occurring ponds may include those artificial ponds intentionally 12 created from dry areas in order to mitigate conversion of ponds, if 13 permitted by a regulatory authority; 14 (e) Waters of the state as defined by WAC 222-16; 15 (f) Lakes, ponds, streams, and rivers planted with game fish by a 16 governmental or tribal entity; 17 (g) Areas with which anadromous fish species have a primary association; and 18 (h) State natural area preserves and natural resources conservation areas. 19 (54) "Flood" or "flooding" mean a general and temporary condition of partial or 20 complete inundation of normally dry land areas from the overflow of inland 21 waters and/or the unusual and rapid accumulation of runoff or surface waters from 22 any source. 23 (55) "Flood hazard area" means any area subject to inundation by the base flood or risk 24 from channel migration, including, but not limited to, an aquatic area, wetland, or 25 closed depression. 26 (56) "Flood insurance rate map (FIRM)" means the official map on which the 27 Federal Insurance Administration has delineated both the areas of special flood 28 hazards and the risk premium zones applicable to the City. 29 (57) "Flood insurance study" means the official report provided by the Federal 30 Insurance and Mitigation Administration that includes the flood profiles, the 31 FIRM, and the water surface elevation of the base flood (44 CFR Part 59). 32 (58) "Flood protection elevation" means an elevation that is 1 foot or more above the 33 base flood elevation. 34 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 159 January 2015 (59) "Floodplain" is synonymous with 100-year floodplain and means that land area 1 susceptible to inundation with a 1% chance of being equaled or exceeded in any 2 given year. The limit of this area shall be based on flood ordinance regulation 3 maps or a reasonable method, which meets the objectives of the SMA. 4 (60) "Floodproofing" means adaptations that ensure a structure is substantially 5 resistant to the passage of water below the flood protection elevation and resists 6 hydrostatic and hydrodynamic loads and effects of buoyancy. 7 (61) "Floodway" means the channel of a river or other watercourse and the adjacent 8 land areas through which the base flood is discharged. Floodways identified on 9 flood boundary and floodway maps become "regulatory floodways" within which 10 encroachment of obstructions are prohibited. 11 (62) "Floodway dependent structure," for purposes of applying Article V-Critical 12 Areas, means structures such as, but not limited to, dams, levees, pump stations, 13 streambank stabilization, boat launches and related recreational structures, bridge 14 piers and abutments, and fisheries enhancement or stream restoration projects. 15 (63) "Functions" and "values," for purposes of applying Article V-Critical Areas, mean 16 the beneficial roles served by critical areas, including, but not limited to, water 17 quality protection and enhancement, fish and wildlife habitat, food chain support, 18 flood storage, conveyance and attenuation, groundwater recharge and discharge, 19 erosion control, and recreation. Functions and values may be considered 20 independently, with functions being measured indicators such as water quality, 21 hydrologic functions, and habitat functions and values being non-measured 22 indicators such as local importance, potential qualities, or recreational benefits. 23 (64) "Geological hazard areas" means areas that, because of their susceptibility to 24 erosion, sliding, earthquake, or other geologic events, are not suited to the siting 25 of commercial, residential, or industrial development consistent with public health 26 or safety concerns. Geological Hazard Areas include Erosion Hazards, Landslide 27 Hazards, Mine Hazards, and Seismic Hazards, as defined herein and specified in 28 PMC 29.01.560. 29 (65) "Geotechnical Report" or "geotechnical analysis" means a scientific study or 30 evaluation conducted by a qualified expert that includes a description of the 31 ground and surface hydrology and geology, the affected landform and its 32 susceptibility to mass wasting, erosion, and other geologic hazards or processes, 33 conclusions and recommendations regarding the effect of the proposed 34 development on geologic conditions, the adequacy of the site to be developed, the 35 impacts of the proposed development, alternative approaches to the proposed 36 development, and measures to mitigate potential site-specific and cumulative 37 geological and hydrological impacts of the proposed development, including the 38 potential adverse impacts on adjacent and down-current properties. Geotechnical 39 Reports shall conform to accepted technical standards and must be prepared by 40 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 160 January 2015 qualified professional engineers or geologists who have professional expertise 1 about the regional and local shoreline geology and processes. 2 (66) "Grading" means stripping, cutting, filling, or stockpiling of land, including the 3 land in its cut or filled condition to create new grade. 4 (67) "Groin" means a barrier type of structure extending from the streambank into a 5 waterbody for the purpose of the protection of a shoreline and adjacent uplands by 6 influencing the movement of water or deposition of materials. 7 (68) "Ground cover" means all types of vegetation other than trees. 8 (69) "Guidelines" means those standards adopted by the department to implement the 9 policy of RCW 90.58 for regulation of use of the shorelines of the state prior to 10 adoption of SMPs. Such standards shall also provide criteria for local 11 governments and the department in developing and amending SMPs. 12 (70) "Hazard areas" means areas designated as frequently flooded or geologically 13 hazardous areas due to potential for erosion, landslide, seismic activity, mine 14 collapse, or other geologically hazardous conditions, including steep slopes. 15 (71) "Hazardous substance(s)" means: 16 (a) A hazardous substance as defined by Section 101(14) of the 17 Comprehensive Environmental Response, Compensation, and Liability 18 Act; any substance designated pursuant to Section 311(b)(2)(A) of the 19 Clean Water Act (CWA); any hazardous waste having the characteristics 20 identified under or listed pursuant to Section 3001 of the Solid Waste 21 Disposal Act (but not including any waste the regulation of which under 22 the Solid Waste Disposal Act has been suspended by Act of Congress); 23 any toxic pollutant listed under Section 307(a) of the CWA; or any 24 imminently hazardous chemical substance or mixture with respect to 25 which the United States Environmental Protection Agency has taken 26 action pursuant to Section 7 of the Toxic Substances Control Act; and 27 (b) Hazardous substances that include any liquid, solid, gas, or sludge, 28 including any material, substance, product, commodity, or waste, 29 regardless of quantity, that exhibit any of the physical, chemical, or 30 biological properties described in WAC 173-303-090, 173-303-102, or 31 173-303-103. 32 (72) "High-intensity land use" means land uses consisting of commercial, urban, 33 industrial, institutional, retail, residential with more than one unit per acre, 34 agricultural (dairies, nurseries, raising and harvesting crops, requiring annual 35 tilling, and raising and maintaining animals), high-intensity recreation 36 (golf courses, ball fields), and hobby farms. 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 161 January 2015 (73) "Heavy equipment" means such construction machinery as backhoes, treaded 1 tractors, dump trucks, and front-end loaders. 2 (74) "Hydraulic project approval (HPA)" means a permit issued by WDFW for 3 modification to waters of the state in accordance with RCW 75.20. 4 (75) "Impervious surface area" means a hard surface area, which either prevents or 5 retards the entry of water into the soil mantle as under natural conditions prior to 6 development. Impervious surface shall also include a hard surface area, which 7 causes water to run off the surface in greater quantities or at an increased rate of 8 flow from the flow present under natural conditions prior to development. 9 Common impervious surfaces include rooftops, walkways, patios, driveways, 10 parking lots or storage areas, concrete or asphalt paving, gravel roads with 11 compacted subgrade, packed earthen materials, and oiled, macadam or other 12 surfaces, which similarly impede the natural infiltration of stormwater. Open, 13 uncovered retention/detention facilities shall not be considered as impervious 14 surfaces. 15 (76) "In-stream structures" function for the impoundment, diversion, or use of water 16 for hydroelectric generation and transmission (including public and private 17 facilities), flood control, irrigation, water supply (domestic and industrial), 18 recreation, or fisheries enhancement. 19 (77) "Invasive, non-native vegetation species" means the plants listed for 20 Eastern Washington in Washington State Noxious Weed Board Publication 21 # 820-264E (N/6/09), or the latest version of this document. 22 (78) "Isolated wetland" means those wetlands and their buffers that are outside of the 23 following critical areas and their buffers, where applicable: 100-year floodplain, 24 lake, river, stream, or wetland. Isolated wetlands have no contiguous hydric soil 25 or hydrophytic vegetation between the wetland and any surface water. 26 (79) "Landslide" means down slope movement of a mass of soil, rock, snow or ice, 27 including, but not limited to, rock falls, slumps, mud flows, debris flows, torrents, 28 earth flows, and snow avalanches. 29 (80) "Landslide hazard areas" means those areas potentially subject to landslides based 30 on a combination of geologic, topographic, and hydrologic factors. 31 (81) "Low-intensity land use" includes forestry and open space (such as passive 32 recreation and natural resources preservation). 33 (82) "Lowest floor" means the lowest enclosed area (including basement) of a 34 structure. An unfinished or flood resistant enclosure, usable solely for parking of 35 vehicles, building access, or storage in an area other than a basement area, is not 36 considered a building's lowest floor, provided that such enclosure is not built so as 37 to render the structure in violation of the applicable non-elevation design 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 162 January 2015 requirements of these critical areas regulations found in PMC 29.01.550, F Flood 1 Hazard Areas (i.e., provided there are adequate flood ventilation openings). 2 (83) "May" means the action is acceptable, provided it conforms to the provisions of 3 this SMP. 4 (84) "Mitigation sequencing" means the process of avoiding, reducing, or 5 compensating for the adverse environmental impact(s) of a proposal, including 6 the following actions, listed in the order of preference, the first being the most 7 preferred: 8 (a) Avoiding the impact altogether by not taking a certain action or parts of an 9 action; 10 (b) Where impact on critical areas or their buffers will not be avoided, 11 demonstrating that the impact meets the criteria for granting a 12 Shoreline Variance Permit or other administratively approved alteration; 13 (c) Minimizing impacts by limiting the degree or magnitude of the action and 14 its implementation by using appropriate technology or by taking 15 affirmative steps to avoid or reduce impacts; 16 (d) Rectifying the impact by repairing, rehabilitating, or restoring the affected 17 environment; 18 (e) Reducing or eliminating the impact over time by preservation and 19 maintenance operations during the life of the action; 20 (f) Compensating for the impact by replacing, enhancing, or providing 21 substitute resources or environments; and 22 (g) Monitoring the impact and the compensation projects and taking 23 appropriate corrective measures. 24 (85) “Mixed-use” or “Mixed-use development” means a combination of uses within 25 the same building or site as a part of an integrated development project with 26 functional interrelationships and coherent physical design that includes a mix of 27 water-oriented and non-water-oriented uses. 28 (86) "Moderate-intensity land use" includes residential at a density of 1-unit-per-acre 29 or less, moderate-intensity open space (parks), and agriculture (moderate intensity 30 land uses such as orchards and hay fields). 31 (87) "Monitoring" means the collection of data by various methods for the purpose of 32 understanding natural systems and features, evaluating the impact of development 33 proposals on such systems, and/or assessing the performance of mitigation 34 measures imposed as conditions of development. 35 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 163 January 2015 (88) "Must" means a mandate; the action is required. 1 (89) "Native vegetation" means plant species that are indigenous to the region. 2 (90) "New agricultural activities" are activities that meet the definition of agricultural 3 activities but are proposed on land not in agricultural use at the adoption date of 4 this SMP. 5 (91) "New construction" means structures for which the start of construction 6 commenced on or after the effective date of the ordinance codified in this SMP. 7 (92) "Non -water-oriented uses" means those uses that are not water-dependent, 8 water-related, or water-enjoyment. 9 (93) “Normal maintenance” means those usual acts that are necessary to prevent a 10 property’s decline, lapse, or cessation from a lawfully established condition. 11 (94) “Normal repair” means to restore a structure or development to a state comparable 12 to its original condition including, but not limited to, its size, shape, configuration, 13 location, and external appearance, within a reasonable period after decay or 14 partial destruction, except where repair causes substantial adverse impacts on 15 shoreline resources or environment. Replacement of a structure or development 16 may be authorized as repair where such replacement is the common method of 17 repair for the type of structure or development, and the replacement structure or 18 development is comparable to the original structure or development including, but 19 not limited to, its size, shape, configuration, location, and external appearance, 20 and the replacement does not cause substantial adverse impacts on shoreline 21 resources or environment. 22 (95) "Ordinary high water mark (OHWM)" means that mark that will be found by 23 examining the bed and banks and ascertaining where the presence and action of 24 waters are so common and usual, and so long continued in all ordinary years, as to 25 mark upon the soil a character distinct from that of the abutting upland, in respect 26 to vegetation as that condition exists on June 1, 1971, as it may naturally change 27 thereafter in accordance with permits issued by a local government or the 28 department. Where the OHWM cannot be found, it shall be the line of mean high 29 water. For braided streams, the OHWM is found on the banks forming the outer 30 limits of the depression within which the braiding occurs. 31 (96) "Practical alternative" means an alternative that is available and capable of being 32 carried out after taking into consideration cost, existing technology, and logistics 33 in light of overall project purposes, and having less impact on critical areas. 34 (97) "Primitive trail" means unimproved and unpaved, but physically defined pathway 35 for non-motorized movement. 36 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 164 January 2015 (98) "Priority habitat" means a habitat type with unique or significant value to one or 1 more species. An area classified and mapped as priority habitat must have one or 2 more of the following attributes: 3 (a) Comparatively high fish or wildlife density; 4 (b) Comparatively high fish or wildlife species diversity; 5 (c) Fish spawning habitat; 6 (d) Important wildlife habitat; 7 (e) Important fish or wildlife seasonal range; 8 (f) Important fish or wildlife movement corridor; 9 (g) Rearing and foraging habitat; 10 (h) Refugia habitat; 11 (i) Limited availability; 12 (j) High vulnerability to habitat alteration; or 13 (k) Unique or dependent species. 14 A priority habitat may be described by a unique vegetation type or by a dominant 15 plant species that is of primary importance to fish and wildlife. A priority habitat 16 may also be described by a successional stage (such as old growth and mature 17 forests). Alternatively, a priority habitat may consist of a specific habitat element 18 (such as caves or snags) of key value to fish and wildlife. A priority habitat may 19 contain priority and/or non-priority fish and wildlife. 20 (99) "Priority species" means species requiring protective measures and/or 21 management guidelines to ensure their persistence at genetically viable population 22 levels. Priority species are those that meet any of the following criteria: 23 (a) Criterion 1. State-listed or state-proposed species. State-listed species are 24 those native fish and wildlife species legally designated as endangered 25 (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive 26 (WAC 232-12-011). State-proposed species are those fish and wildlife 27 species that will be reviewed by the WDFW (POL-M-6001) for possible 28 listing as endangered, threatened, or sensitive according to the process and 29 criteria defined in WAC 232-12-297. 30 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 165 January 2015 (b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include 1 those species or groups of animals susceptible to significant population 2 declines, within a specific area or statewide, by virtue of their inclination 3 to congregate. 4 (c) Criterion 3. Species of recreational, commercial, and/or tribal importance. 5 Native and non-native fish and wildlife species of recreational or 6 commercial importance and recognized species used for tribal ceremonial 7 and subsistence purposes that are vulnerable to habitat loss or degradation. 8 (d) Criterion 4. Species listed under the Federal Endangered Species Act as 9 either proposed, threatened, or endangered. 10 (100) "Provisions" means any definition, policy, goal, regulation, requirement, standard, 11 authorization, prohibition, guideline criteria, or environment designations. 12 (101) "Public Access" means physical and visual access. Public access includes the 13 ability of the general public to reach, touch, and enjoy the water's edge, to travel 14 on the waters of the state, and to view the water and the shoreline from adjacent 15 locations. The following are examples of public access: 16 (a) Visual Access. Visual public access may consist of view corridors, 17 viewpoints, or other means of visual approach to public waters. 18 (b) Physical Access. Physical public access may consist of a dedication of 19 land or easement and a physical improvement in the form of a walkway, 20 trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, 21 view platform, or other area serving as a means of physical approach to 22 public waters. 23 (102) “Public Access Plan” means the City of Pasco’s Rivershore Linkage and Amenity 24 Plan adopted on July 16, 2012. 25 (103) "Public agency" means every city, county, state, or federal office, every officer, 26 every institution, whether educational, correctional, or other, and every 27 department, division, board, and commission that provides services or 28 recommendations to the public or other such agencies. 29 (104) "Public utility" means a public service corporation performing some public 30 service subject to special governmental regulations, or a governmental agency 31 performing similar public services, either of which are paid for directly by the 32 recipients thereof. Such services shall include water supply, electric power, gas, 33 and transportation for persons and freight. 34 (105) "Qualified professional" means a person with experience and training in the 35 pertinent discipline, and who is a qualified expert with expertise appropriate for 36 the relevant critical area or shoreline subject. A qualified professional must have 37 obtained a B.S., B.A., or equivalent degree or certification in biology, 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 166 January 2015 engineering, environmental studies, fisheries, geomorphology, landscape 1 architecture, forestry or related field, and 2 years of related work experience. 2 (a) A qualified professional for wildlife, habitats, or wetlands must have a 3 degree in biology, zoology, ecology, fisheries, or related field, and 4 professional experience in Washington State. 5 (b) A qualified professional for a geological hazard must be a professional 6 engineer or geologist, licensed in the State of Washington. 7 (c) A qualified professional for critical aquifer recharge areas means a 8 hydrogeologist, geologist, engineer, or other scientist with experience in 9 preparing hydrogeologic assessments. 10 (d) A qualified professional with flood and channel migration zone expertise 11 must be a hydrologist or fluvial geomorphologist. 12 (e) A qualified professional for vegetation management must be a registered 13 landscape architect, certified arborist, biologist, or professional forester 14 with a corresponding degree or certification. 15 (f) A qualified archaeologist must be a person qualified for addressing 16 cultural and historic resources protection and preservation, with a degree 17 in archaeology, anthropology, history, classics or other germane 18 disciplines with a specialization in archaeology and/or historic 19 preservation and with a minimum of 2 years of experience in preparing 20 Cultural Resource Site Assessments reports. 21 (106) "Recreational development" means the modification of the natural or existing 22 environment to accommodate commercial and public facilities designed and used 23 to provide recreational opportunities to the public. Commercial recreational 24 development should be consistent with commercial development defined herein. 25 (107) "Recreational vehicle" means a vehicle designed primarily for recreational 26 camping, travel, or seasonal use that has its own mode of power or is mounted on 27 or towed by another vehicle, including, but not limited, to travel trailers, folding 28 camping trailers, truck campers, motor homes, motorized boats, and multi-use 29 vehicles or any structure inspected, approved, and designated a recreational 30 vehicle by and bearing the insignia of the State of Washington or any other state 31 or federal agency having the authority to approve recreational vehicles. 32 (108) “Research and Monitoring” includes activities associated with identifying data, 33 and collecting, monitoring, and evaluating scientific data and information to 34 support water, fisheries, and other ecological services management, restoration, 35 and operational activities. Example activities that could be included under this 36 category include installing and operating stream and water quality monitoring 37 gages, collecting fisheries data using a trap or other devices, setting up and using 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 167 January 2015 equipment to collect sediment data, and other data collection activities that need 1 to utilize the shoreline and waters of the state to meet public objectives. 2 (109) "Residential development" entails one or more buildings, structures, lots, parcels 3 or portions thereof that are designed, used, or intended to be used as a place of 4 abode for human beings. These include single-family residences, residential 5 subdivisions, short residential subdivisions, attached dwellings, and all accessory 6 uses or structures normally associated with residential uses. Accessory residential 7 uses include garages, sheds, tennis courts, swimming pools, parking areas, fences, 8 cabanas, saunas, and guest cottages. Hotels, motels, dormitories, or any other type 9 of overnight or transient housing are excluded from the residential category and 10 must be considered commercial uses depending on project characteristics. 11 (110) "Restore," "Restoration," or "ecological restoration" means the reestablishment or 12 upgrading of impaired natural or enhanced ecological shoreline processes or 13 functions. This may be accomplished through measures, including, but not limited 14 to, revegetation, removal of intrusive shoreline structures, and removal or 15 treatment of toxic materials. Restoration does not imply a requirement for 16 returning the shoreline area to pre-aboriginal, or pre-European settlement 17 conditions. 18 (111) "Riparian habitat" means areas adjacent to aquatic systems with flowing water 19 that contains elements of aquatic and terrestrial ecosystems that mutually 20 influence each other. 21 (112) "Salmonid" means a member of the fish family Salmonidae, including: King, 22 Chinook, Coho, chum, sockeye, and pink salmon; cutthroat, brook, brown, 23 rainbow, and steelhead trout; kokanee; and native char (bull trout and 24 Dolly Varden). 25 (113) "Section 404 Permit" means a permit issued by the USACE for the placement of 26 dredge or fill material waterward of the OHWM or clearing in waters of the 27 United States, including wetlands, in accordance with 33 U.S. Code Section 1344. 28 (114) "Seismic hazard areas" means areas that are subject to severe risk of damage as a 29 result of earthquake-induced ground shaking, slope failure, settlement, or soil 30 liquefaction. 31 (115) "Shall" means a mandate; the action must be done. 32 (116) "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" 33 and "shorelands" as defined in RCW 90.58.030. 34 (117) "Shoreline Master Program" means the comprehensive use plan for a described 35 area and the use regulations together with maps, diagrams, charts, or other 36 descriptive material and text, a statement of desired goals, and standards 37 developed in accordance with the policies enunciated in RCW 90.58.020. As 38 provided in RCW 36.70A.480, the goals and policies of an SMP for a county or 39 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 168 January 2015 city approved under RCW 90.58 shall be considered an element of the county or 1 City's Comprehensive Plan. All other portions of the SMP for a county or city 2 adopted under RCW 90.58, including use regulations, shall be considered a part 3 of the county or city's development regulations. 4 (118) "Shoreline modifications" means those actions that modify the physical 5 configuration or qualities of the shoreline area, usually through the construction of 6 a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, 7 bulkhead, or other shoreline structure. They can include other actions, such as 8 clearing, grading, or application of chemicals. 9 (119) "Shoreline stabilization" means actions taken to address erosion impacts to 10 property and dwellings, businesses, or structures caused by natural processes such 11 as current, flood, wind, or wave action. These actions include structural and non-12 structural methods. Non-structural methods include building setbacks, relocation 13 of the structure to be protected, groundwater management, and planning and 14 regulatory measures to avoid the need for structural stabilization. 15 (120) "Should" means that the particular action is required unless there is a 16 demonstrated, compelling reason, based on policy of the SMA and this SMP, 17 against taking the action. 18 (121) "Significant adverse environmental impacts" (as used in SEPA) means a 19 reasonable likelihood of more than a moderate adverse impact on environmental 20 quality (WAC 197-11-794). 21 (122) "Significant vegetation removal" means the removal or alteration of trees, shrubs, 22 and/or ground cover by clearing, grading, cutting, burning, chemical means, or 23 other activity that causes significant ecological impacts on functions provided by 24 such vegetation. The removal of invasive or noxious weeds does not constitute 25 significant vegetation removal. Tree pruning, not including tree topping, where it 26 does not affect ecological functions, does not constitute significant vegetation 27 removal. 28 (123) "Site Assessment Requirements" means requirements for Critical Areas Report. 29 (124) "Snag" means the remaining trunk of a dying, diseased, or dangerous tree that is 30 reduced in height and stripped of all live branches. 31 (125) "Special flood hazard area" means an area subject to a base or 100-year flood; 32 areas of special flood hazard are shown on a flood hazard boundary map or flood 33 insurance rate map as Zone A, AO, A1-30, AE, A99, AH. 34 (126) "Species and habitats of local importance" means those species that may not be 35 endangered, threatened, or critical from a state-wide perspective, but are of local 36 concern due to their population status, sensitivity to habitat manipulation, or other 37 educational, cultural, or historic attributes. These species may be priority habitats, 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 169 January 2015 priority species, and those habitats and species identified in the critical areas code 1 as having local importance (e.g., elk). 2 (127) "Species, threatened and endangered" means those native species that are listed by 3 WDFW pursuant to RCW 77.12.070 as threatened (WAC 232-12-011) or 4 endangered (WAC 232-12-014), or that are listed as threatened or endangered 5 under the Federal Endangered Species Act (16 United States Code 1533). 6 (128) "Start of construction" means and includes substantial improvement and means 7 the date the building permit was issued, provided the actual start of construction, 8 repair, reconstruction, placement, or other improvement was within 180 days of 9 the permit issuance date. For cumulative tracking, the permit may extend beyond 10 the specified time frame to the time of permit completion. The actual start means 11 either the first placement of permanent construction of a structure on a site such as 12 the pouring of slab or footings, the installation of piles, the construction of 13 columns, or any work beyond the stage of excavation, or the placement of a 14 manufactured home on a foundation. Permanent construction does not include 15 land preparation, such as clearing, grading, and filling, nor does it include the 16 installation of streets and/or walkways, nor does it include excavation for a 17 basement, footings, piers, or foundation or the erection of temporary forms, nor 18 does it include the installation on the property of accessory buildings such as 19 garages or sheds not occupied as dwelling units or not part of the main structure. 20 For a substantial improvement, the actual start of construction means the first 21 alteration of any wall, ceiling, floor, or other structural part of a building, whether 22 or not that alteration affects the external dimensions of the building. 23 (129) "Steep slopes" means those slopes (excluding City-approved geotechnical 24 engineered slopes) 40% or steeper within a vertical elevation change of at least 10 25 feet. A slope is defined by establishing its toe and top and is measured by 26 averaging the inclination over at least 10 feet of vertical relief. 27 (130) "Stream" means any portion of a channel, bed, bank, or bottom waterward of the 28 OHWM of waters of the state, including areas in which fish may spawn, reside, or 29 pass, and tributary waters with defined bed or banks, which influence the quality 30 of fish habitat downstream. This includes watercourses that flow on an 31 intermittent basis or fluctuate in level during the year and applies to the entire bed 32 of such watercourse whether or not the water is at peak level. This definition does 33 not include irrigation ditches, canals, stormwater runoff devices, or other entirely 34 artificial watercourses, except where they exist in a natural watercourse that has 35 been altered by humans. 36 (131) "Structure" means a permanent or temporary edifice or building, or any piece of 37 work artificially built or comprising parts joined together in some definite 38 manner, whether installed on, above, or below the surface of the ground or water. 39 (132) "Substantial damage" means damage of any origin, including intentional and 40 unintentional demolition, sustained by a structure whereby the cost of restoring 41 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 170 January 2015 the structure to its before-damaged condition would equal or exceed 50% of the 1 assessed value of the structure before the damage occurred. 2 (133) "Substantial improvement" means any rehabilitation, repair, reconstruction, 3 addition, or other improvement of a building when the cost of the improvement 4 equals or exceeds 50% of the market value of the building before start of 5 construction of the improvement. The term includes buildings that have incurred 6 substantial damage or damage of any origin sustained by a building when the cost 7 of restoring the building to its pre-damaged condition would equal or exceed 50% 8 of the market value before the damage occurred. Substantial improvement does 9 not include any project for improvement of a structure to correct existing 10 violations of state or local health, sanitary, or safety code specifications, which 11 have been identified by the local code enforcement official and are the minimum 12 necessary to ensure safe living conditions or any alteration of a historic structure, 13 provided that the alteration will not preclude the structure’s continued designation 14 as a historic structure. 15 (134) "Substantially degrade" means to cause significant ecological impact. 16 (135) "Thinning" means the evenly spaced non-commercial removal of up to 40% of 17 trees and woody shrubs. 18 (136) "Topping" means the severing of main trunks or stems of vegetation at any place 19 above 25% of the vegetation height. 20 (137) "Transportation facilities" are those structures and developments that provide for 21 the movement of people, goods, and services. These include roads and highways, 22 railroad facilities, bridges, parking facilities, bicycle paths, trails, and other related 23 facilities. 24 (138) "Tree removal" means the removal of a tree, through either direct or indirect 25 actions, including, but not limited to: (a) clearing, damaging or poisoning 26 resulting in an unhealthy or dead tree; (b) removal of at least half of the live 27 crown; or (c) damage to roots or trunk that is likely to destroy the tree's structural 28 integrity. 29 (139) "Trees" means any living woody plant characterized by one main stem or trunk 30 and many branches and having a diameter of four inches or more measured 31 24 inches above ground level. 32 (140) "Unavoidable" means adverse impacts that remain after all appropriate and 33 practicable avoidance and minimization have been achieved. 34 (141) "Utility" means a service and/or facility that produces, transmits, carries, stores, 35 processes, or disposes of electrical power, gas, potable water, stormwater, 36 communications (including, but not limited to, telephone and cable), sewage, oil, 37 and the like. 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 171 January 2015 (142) "Vegetation" means plant life growing below, at, and above the soil surface. 1 (143) "Vegetation alteration" means any clearing, grading, cutting, topping, limbing, or 2 pruning of vegetation. 3 (144) "Water-dependent use" means a use or portion of a use that cannot exist in a 4 location that is not adjacent to the water and that is dependent on the water by 5 reason of the intrinsic nature of its operations. 6 (145) "Water-enjoyment use" means a recreational use or other use that facilitates 7 public access to the shoreline as a primary characteristic of the use or a use that 8 provides for recreational use or aesthetic enjoyment of the shoreline for a 9 substantial number of people as a general characteristic of the use, and which 10 through location, design, and operation ensures the public's ability to enjoy the 11 physical and aesthetic qualities of the shoreline. In order to qualify as a 12 water-enjoyment use, the use must be open to the general public and the 13 shoreline-oriented space within. The project must be devoted to the specific 14 aspects of the use that fosters shoreline enjoyment. 15 (146) "Water-oriented use" means a use that is water-dependent, water-related, or 16 water-enjoyment, or a combination of such uses. 17 (147) "Water quality" means the physical characteristics of water within shoreline 18 jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, 19 recreation-related, and biological characteristics. Where used in this SMP, the 20 term water quantity refers only to development and uses regulated under this 21 chapter and affecting water quantity such as impermeable surfaces and 22 stormwater handling practices. Water quantity, for purposes of this chapter, does 23 not mean the withdrawal of groundwater or diversion of surface water pursuant to 24 RCW 90.03.250 through 90.03.340. 25 (148) "Water-related use" means a use or portion of a use, which is not intrinsically 26 dependent on a waterfront location but whose economic viability is dependent 27 upon a waterfront location because: 28 (a) The use has a functional requirement for a waterfront location such as the 29 arrival or shipment of materials by water or the need for large quantities of 30 water; or 31 (b) The use provides a necessary service supportive of the water-dependent 32 uses and the proximity of the use to its customers makes its services less 33 expensive and/or more convenient. 34 (149) "Water resources inventory area" means one of 62 watersheds in the State of 35 Washington, each comprising drainage areas of a stream or streams, as 36 established in WAC 173-500 as it existed on January 1, 1997. 37 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 172 January 2015 (150) "Weir" means a structure generally built perpendicular to the shoreline for the 1 purpose of diverting water or trapping sediment or other moving objects 2 transported by water. 3 (151) "Wetlands" are areas that are inundated or saturated by surface or groundwater at 4 a frequency and duration sufficient to support and that under normal 5 circumstances do support a prevalence of vegetation typically adapted for life in 6 saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and 7 similar areas. Wetlands do not include those artificial wetlands intentionally 8 created from non-wetland sites, including, but not limited to, irrigation and 9 drainage ditches, grass-lined swales, canals, detention facilities, wastewater 10 treatment facilities, farm ponds, and landscape amenities, or those wetlands 11 created after July 1, 1990, that were unintentionally created as a result of the 12 construction of a road, street, or highway. Wetlands may include those artificial 13 wetlands intentionally created from non-wetland areas to mitigate the conversion 14 of wetlands. 15 (152) "Wetland categories:" 16 (a) Category I. Wetlands are: 1) alkali wetlands; 2) wetlands that are 17 identified by scientists of the Washington Natural Heritage 18 Program/WDNR as high quality wetlands; 3) bogs; 4) mature and 19 old growth forested wetlands over 1/4 acre with slow-growing trees; 5) 20 forests with stands of aspen; and 6) wetlands that perform many functions 21 very well . 22 (b) Category II. These wetlands are those that: 1) forested wetlands in the 23 floodplains of rivers; 2) mature and old-growth forested wetlands over 1/4 24 acre with fast- growing trees; 3) vernal pools; and 4) wetlands that 25 perform functions well. These wetlands are difficult, though not 26 impossible, to replace, and provide high levels of some functions. 27 (c) Category III. 1) Forested wetlands in the floodplains of rivers; 2) mature 28 and old-growth forested wetlands over 1/4 acre with fast-growing trees; 3) 29 vernal pools; and 4) wetlands that perform functions well. These wetlands 30 are difficult, though not impossible, to replace, and provide high levels of 31 some functions. 32 (d) Category IV. Category IV wetlands have the lowest level of functions and 33 are often heavily disturbed. These are wetlands that could be replaced, and 34 in some cases improved. However, experience has shown that replacement 35 cannot be guaranteed in any specific case. These wetlands may provide 36 some important functions and also need to be protected. 37 29.01.870 Shoreline Environment Designation Maps or Official Shoreline Map 38 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 173 I I I I I I I I I I I I I I I I I I I I I I I I I I I I IIIIIII IIIIIII I I I I I I I IIIIIII Pasco Richland C o l u m b i a R i v e r / L a k e W a l l u l a Y a k i m a R i v e r S u b r e a c h 1 d Subreac h 1 e Re a c h 2 S u b r e a c h 1 c S u b r e a c h 1 b S u b - r e a c h 1 a Map 1 Subreach 1a - Reach 2 City of Pasco Environment Designations City of Pasco, WA00.5 1 Miles Q: \ J o b s \ 1 3 1 0 5 0 - 0 1 . 0 1 _ C i t y _ o f _ P a s c o _ S M P \ M a p s \ E n v i r o n m e n t D e s g i n a t i o n s \ C i t y _ o f _ P a s c o _ E n v i r o n m e n t _ D e s i g n a t i o n s . m x d l h u d s o n 1 2 / 2 3 / 2 0 1 4 7 : 5 4 : 1 6 A M [ DRAFT Pasco §¨¦82 Franklin Benton Walla Walla LEGEND I Reach Break Incorporated City of Pasco Urban Growth Area County Boundary SMA Jurisdiction Environment Designation Natural Recreation Shoreline Residential Urban Conservancy NOTES:1. This information is to be used for planningpurposes only. Data is displayed as is andwithout any guarantee of accuracy orcompleteness.2. Aerial image courtesy of USDA NAIP(2013). IIIIIII I I I I I I I IIIIIII IIIIIII IIIIIII IIIIIII IIIIIII Kennewick Pasco Columbi a R i v e r / Lake Wa l l u l a Subreach 5a Subreach 4b Subreach 4a Subreac h 3 b Su b r e a c h 3 a Re a c h 2 Map 2 Subreaches 3a - 4b City of Pasco Environment Designations City of Pasco, WA00.5 1 Miles Q: \ J o b s \ 1 3 1 0 5 0 - 0 1 . 0 1 _ C i t y _ o f _ P a s c o _ S M P \ M a p s \ E n v i r o n m e n t D e s g i n a t i o n s \ C i t y _ o f _ P a s c o _ E n v i r o n m e n t _ D e s i g n a t i o n s . m x d l h u d s o n 1 2 / 2 3 / 2 0 1 4 7 : 5 4 : 3 6 A M [ DRAFT Pasco §¨¦82 Franklin Benton Walla Walla LEGEND I Reach Break Incorporated City of Pasco Urban Growth Area County Boundary SMA Jurisdiction Environment Designation Natural Public Flood Protection Recreation Shoreline Residential Urban Conservancy NOTES:1. This information is to be used for planningpurposes only. Data is displayed as is andwithout any guarantee of accuracy orcompleteness.2. Aerial image courtesy of USDA NAIP(2013). I I I I I I I I I I I IIIIIII IIIIIII IIIIIII IIIIIII IIIIIII IIIIIII IIIIIII IIIIIII Kennewick Pasco Pasco Colum b i a R i v e r / Lake W a l l u l a Subreac h 6 c Subreac h 6b Subreac h 6a Sub-reach 5d Sub-reach 5c Subreach 5 b Subreach 5a Map 3 Subreaches 5a - 6c City of Pasco Environment Designations City of Pasco, WA00.5 1 Miles Q: \ J o b s \ 1 3 1 0 5 0 - 0 1 . 0 1 _ C i t y _ o f _ P a s c o _ S M P \ M a p s \ E n v i r o n m e n t D e s g i n a t i o n s \ C i t y _ o f _ P a s c o _ E n v i r o n m e n t _ D e s i g n a t i o n s . m x d l h u d s o n 1 2 / 2 3 / 2 0 1 4 7 : 5 4 : 5 3 A M [ DRAFT Pasco §¨¦82 Franklin Benton Walla Walla LEGEND I Reach Break Incorporated City of Pasco Urban Growth Area County Boundary SMA Jurisdiction Environment Designation High Intensity Natural Public Flood Protection Recreation Shoreline Residential Urban Conservancy NOTES:1. This information is to be used for planningpurposes only. Data is displayed as is andwithout any guarantee of accuracy orcompleteness.2. Aerial image courtesy of USDA NAIP(2013). I I I I I I I I I I I IIIIIII IIIIIII I I I I I I I I I I IIII Burbank Pasco Snake R i v e r / Lake W a l l u l a Columbia River/Lake Wallula Colum b i a R i v e r / Lake W a l l u l a Subreac h 6 c Subr e a c h 8 b Su b r e a c h 8a Reach 7 Map 4 Reach 7 - Subreach 8b City of Pasco Environment Designations City of Pasco, WA00.5 1 Miles Q: \ J o b s \ 1 3 1 0 5 0 - 0 1 . 0 1 _ C i t y _ o f _ P a s c o _ S M P \ M a p s \ E n v i r o n m e n t D e s g i n a t i o n s \ C i t y _ o f _ P a s c o _ E n v i r o n m e n t _ D e s i g n a t i o n s . m x d l h u d s o n 1 2 / 2 3 / 2 0 1 4 7 : 5 5 : 0 9 A M [ DRAFT Pasco §¨¦82 Franklin Benton Walla Walla LEGEND I Reach Break Incorporated City of Pasco Urban Growth Area County Boundary SMA Jurisdiction Environment Designation High Intensity Natural Recreation Urban Conservancy NOTES:1. This information is to be used for planningpurposes only. Data is displayed as is andwithout any guarantee of accuracy orcompleteness.2. Aerial image courtesy of USDA NAIP(2013).