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City Hall 15670 NE 85th Street • PO Box 97010 • Redmond, WA 98073-9710 TECHNICAL COMMITTEE REPORT To: Planning Commission From: Technical Committee Staff Contact: Cathy Beam, AICP, Principal Planner Date: December 20, 2018 File Numbers: PR-2018-02061, LAND-2018-01272, SEPA-2018-01273 Project Name: Shoreline Master Program Periodic Update Applicant: Reasons the Proposal should be Adopted (or Denied): City of Redmond The Technical Committee recommends adopting the proposal to ensure the City’s Shoreline Master Program remains consistent with state laws and rules. I. APPLICANT PROPOSAL The City proposes amending Redmond Zoning Code (RZC) 21.68, Shoreline Master Program, RZC 21.64, Critical Areas Regulations, and RZC 21.78, Definitions consistent with requirements set forth under the Shoreline Management Act (SMA), RCW 90.58.080(4). A summary of proposed changes to Shoreline Master Program regulations (RZC 21.68) are listed below. Please refer to Exhibit A for detailed edits. ▪ Reference to State process regarding shoreline restoration projects resulting in a shift in the ordinary high water mark and subsequent shift in the shoreline jurisdiction; ▪ Inclusion of wetland mitigation banks as permitted uses in all shoreline environments; ▪ Correction of shoreline stream buffer to reflect current buffer requirements; ▪ Inclusion of shoreline nonconforming lot regulations consistent with state law; ▪ Updates to shoreline exemptions incorporating state Office of Financial Management dollar thresholds and inclusion of American Disability Act (ADA) retrofits; ▪ Updates to administrative procedures regarding shoreline permit filing with Ecology; and ▪ Inclusion of types of actions that do not require shoreline permits per state laws/rules. A summary of proposed changes to Critical Areas Regulations (RZC 21.64) are listed below. Please refer to Exhibit B for detailed edits. ▪ Updates to wetland buffers tables to reflect Ecology’s most current wetland guidance document based on best available science; ---PAGE BREAK--- ▪ Clarification on required documentation when increased wetland buffer widths are required based on Ecology’s most current wetland guidance document; ▪ Clarification on required documents when requesting wetland buffer width averaging based on Ecology’s most current wetland guidance document; ▪ Updates to wetland replacement ratios based on Ecology’s most current wetland guidance document; ▪ Clarification regarding use of wetland mitigation banks; and ▪ Updates to Critical Aquifer Recharge Areas regulations consistent with recent City approved amendments. Proposed inclusion of a floodway definition and modifications to the qualified consultant definition in the Definitions chapter of the Zoning Code (RZC 21.78) to be consistent with updated shoreline rules and Ecology’s recommendation. Refer to Exhibit C for specific language. II. RECOMMENDATION The Technical Committee recommends approval of the proposed amendments to the Redmond Zoning Code as shown in Exhibits A, B, and C. III. BACKGROUND, FACTORS CONSIDERED AND ALTERNATIVES A. BACKGROUND AND REASON FOR THE PROPOSAL Shoreline Master Programs (SMPs) are local land use policies and regulations that guide the use of Washington shorelines. SMPs apply to both public and private uses. They protect natural resources for future generations, provide for public access to public waters and shores, and plan for water-dependent uses. The Shoreline Management Act requires jurisdictions with shorelines to develop and implement SMPs. This law was passed by the Washington Legislature in 1971 and adopted by voters in 1972. Its overarching goal is, “to prevent inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.” Shoreline Master Program policies and regulations function as an overlay to underlying land use and zoning. The shoreline jurisdiction defines the extent of this overlay. The jurisdiction is roughly 200 feet landward of Bear Creek, Evans Creek, the Sammamish River and Lake Sammamish. These four areas are defined in state law and are considered, “Shorelines of the State.” The City of Redmond adopted its current Shoreline Master Program in 2009. The Shoreline Management Act requires that a comprehensively updated Shoreline Master Program be periodically reviewed every eight years. The schedule to complete these reviews is established for every community in RCW 90.58.080(4). Redmond is included in the first round of periodic reviews, which must be completed on or before June 30, 2019. This review ensures the city’s SMP stays current with changes in laws and rules, remains consistent with other Redmond plans and regulations, and is responsive to changed circumstances, new information, and improved data. The proposed changes to the Shoreline Regulations are not substantive, meaning they do not affect what can or cannot be built in the shoreline jurisdiction and do not change the current area and dimensional standards (i.e. height, setbacks, etc.). Most of the proposed changes occur in the Shoreline Administration and Procedures section. Other key changes include: increased cost thresholds for ---PAGE BREAK--- shoreline exemptions, inclusion of exceptions by state statutes, state relief procedures from shifted ordinary high water marks, and incorporating recent City adopted wireless and wellhead zoning code amendments. As noted above, this proposal includes changes to the Critical Areas Regulations. This is because these regulations are incorporated by reference into the Shoreline Master Program. One element of the update includes ensuring city wetland regulations reflect the Department of Ecology’s most recent wetland guidance document based on best available science. Exhibits A and B show the proposed edits to the Shoreline Regulations and Critical Areas Regulations respectively. Exhibit C includes a proposed Floodway definition. Exhibit D is a Summary Checklist identifying current laws and rules as well as the City’s proposed action to meet each item. B. FACTORS CONSIDERED As noted above, staff reviewed Ecology’s checklist guidance to ensure all amended laws and rules adopted since the current SMP took effect have been addressed in the proposed Periodic Update. Staff also reviewed city adopted regulations to ensure consistency with the SMP. C. ALTERNATIVES The Planning Commission could recommend no action. This would mean Redmond’s Shoreline Master Program would not be in compliance with state rules. IV. COMPLIANCE WITH CRITERIA FOR COMPREHENSIVE PLAN AND ZONING CODE AMENDMENTS Redmond Comprehensive Plan Policies PI-16 direct the City to take several considerations, as applicable, into account as part of decisions on proposed amendments to the Comprehensive Plan. Items 1 through 6 apply to all proposed amendments. The following is an analysis of how this proposal complies with the requirements for amendments. 1. Consistency with Growth Management Act (GMA), State of Washington Department of Commerce Procedural Criteria, VISION 2040 or its successor, and the King County Countywide Planning Policies. The proposed amendments consider direction from the GMA, the Department of Commerce, VISION 2040, and Countywide Planning Policies by providing guidance, consistency, and transparency between the City’s Comprehensive Plan and Zoning Code, including the Shoreline Master Program. 2. Consistency with the Redmond Comprehensive Plan. The proposed amendments are consistent with the following policies: FW-7: Protect and restore the natural resources and ecological functions of shorelines, maintain and enhance physical and visual public access, and give preference to uses that are unique or dependent on shoreline locations. ---PAGE BREAK--- NE-16: Use Best Available Science to preserve and enhance the functions and values of critical areas through policies, regulations, programs, and incentives. NE-17: Implement projects and programs that include adaptive management based on Best Available Science to revise policies, regulations, and programs as needed to reflect changes in scientific advancement and local circumstances. 3. Potential general impacts to the natural environment, such as impacts to critical areas and other natural resources, including whether development will be directed away from environmentally critical areas and other natural resources. The proposed amendments will not negatively impact the natural environment, including impacts to critical areas and other natural resources. The amendments do not weaken Shoreline Regulations or Critical Areas Regulations. In fact, updating wetland regulations ensures the City is compliant with best available science. 4. Potential general impacts to the capacity of public facilities and services. For land use related amendments, whether public facilities and services can be provided cost-effectively and adequately at the proposed density/intensity. The proposed amendments will not affect the capacity of public facilities and services in Redmond. The amendments do not change what can and cannot occur in the shoreline jurisdiction, nor does it change the intensity of permitted development of the underlying areas. 5. Potential general economic impacts, such as impacts for business, residents, property owners, or City Government. No new impacts are anticipated for businesses, residents, property owners, or City Government. 6. For issues that have been considered within the last four annual updates, whether there has been a change in circumstances that makes the proposed amendment appropriate or whether the amendment is needed to remedy a mistake. These amendments have not been considered in the last four annual updates. V. AUTHORITY AND ENVIRONMENTAL, PUBLIC AND AGENCY REVIEW A. Amendment Process Redmond Zoning Code (RZC) 21.76 requires that amendments to the Comprehensive Plan and Zoning Code be reviewed under the Type VI process. Under this process, the Planning Commission conducts a study session(s), an open record hearing(s) on the proposed amendment, and makes a recommendation to the City Council. The City Council is the decision-making body for this process. B. Subject Matter Jurisdiction The Redmond Planning Commission and the Redmond City Council have subject matter jurisdiction to hear and decide whether to adopt the proposed amendment. ---PAGE BREAK--- C. Washington State Environmental Policy Act (SEPA) A SEPA checklist was prepared and a Determination of Non-Significance was issued for this non- project action on November 20, 2018. The comment period expired on December 6, 2018 and the appeal period expired on December 20, 2018. No comments or appeals were received. (See Exhibit D. 60-Day State Agency Review State agencies were sent 60-day notice of this proposed amendment on November 5, 2018. E. Public Involvement The public has opportunities to comment on the proposed amendment through the Planning Commission review process and public hearing which will be held on January 23, 2019. Public notice of the hearing will be published in the Seattle Times on January 2, 2019 (see Exhibit Notice of the Planning Commission hearing will be posted in City Hall and the Redmond Library on January 2, 2019. Hearing notice is also given on the Planning Commission agendas and extended agendas. In addition, the City will mail postcard notices of the public hearing to every property owner in the Shoreline jurisdiction. Public involvement also included a drop in “Office Hours” event on December 4, 2018. This event was advertised through a City issued press release, the City’s website, and email. F. Appeals RZC 21.76 identifies Zoning Code amendments as a Type VI permit. Final action is by the City Council. The action of the City Council on a Type VI proposal may be appealed by filing a petition with the Growth Management Hearing Board pursuant to the requirements of the Board. VI. LIST OF EXHIBITS Exhibit A: Proposed RZC 21.68, Shoreline Master Program (Shoreline Regulations) Exhibit B: Proposed RZC 21.64, Critical Areas Regulations Exhibit C: Proposed RZC 21.78, Floodway and Qualified Consultant Definitions Exhibit D: Summary Checklist Exhibit E: SEPA Documentation Exhibit F: Public Hearing Notice Conclusion in Support of Recommendation: The Technical Committee has found the proposal to be in compliance with the Redmond Zoning Code, Redmond Comprehensive Plan, Redmond Municipal Code, and State Environmental Policy Act (SEPA). ERIKA VANDENBRANDE, Director for KRISTI WILSON, Interim Director Planning and Community Development Public Works