Chapter 14.08 SHORELINE MASTER PROGRAM

Chapter 14.08
SHORELINE MASTER PROGRAM

14.08.000 Chapter Contents

Sections:

14.08.010 Olympia Shoreline Master Program amended.

14.08.020 Suppression.

14.08.030 Shoreline substantial development, conditional use, and variance permits.

14.08.040 Amendments.

14.08.050 Appeals of administrative decisions.

14.08.060 Fees.

14.08.010 Olympia Shoreline Master Program amended

Olympia Shoreline Master Program, Chapter 173-19-4203, Washington Administrative Code (WAC), is amended as follows:

A. The following paragraph is added to Page 8, following the second sentence and to Page 81, replacing paragraph 5(1):

"The Shoreline Master Program shall be administered pursuant to the procedures and policies prescribed by Section VII of this Program unless Olympia shall have adopted a local ordinance regulating such matters, in which case the provisions of the local ordinance shall prevail."

B. The following sentence, being the first sentence on Page 80 is repealed:

"Permits are considered for issuance by the legislative bodies of local governments. (See "Permit Processing Procedure" in this section.)"

C. The following new sections are added:

1 - PERCIVAL CREEK CORRIDOR

Definitions.

A. "Adjacent lands" means lands immediately adjacent to and abutting lands under permit jurisdiction of the Shoreline Management Act which extend landward to the extent necessary to control direct and significant impact to shorelands and to implement the management policy articulated in the Act, the Department of Ecology guideline, and the local Master Program. The inland extent will necessarily vary with the particular management objectives and the shoreline setting.

B. "Administrator" means a person appointed by the legislative body to administer the provisions of these regulations within the boundaries of that jurisdiction.

C. "Associated wetlands" means those lands or wetland areas which influence or are influenced by and are in proximity to any stream, river, or tidal water, or combination thereof, subject to the Shoreline Management Act (WAC 173-22-030 and -040).

D. "Associated wetlands of Black Lake" means those wetlands lying to the Northeast of Black Lake and adjoining the Black Lake Drainage Ditch, generally identified in Figure 6 Percival Creek Corridor Plan, Volume 2, 1986.

E. "Black Lake Drainage Ditch" means that human made ditch constructed from the North end of Black Lake and extending in a northeasterly direction approximately 11,200 lineal feet to the intersection with the Burlington Northern Railroad rights-of-way, formerly part of Consolidated Drainage Improvement District No. 101.

F. "Black Lake drainage way" or "Drainage way" means those dry lands along both banks of the Black Lake Drainage Ditch which were part of the Drainage District No. 101 and are now publicly owned.

G. "Canyon" or "Percival Creek Canyon" means lands along Percival Creek which extend upstream from Percival Cove to the Mottman Road crossing of the Black Lake Drainage Ditch. This area also extends from the centerline of the Creek to the top of the bank, and includes the Burlington Northern Railroad rights-of-way.

H. "Canyon Reach-Olympia Management Unit" means that portion of the Percival Creek Canyon located within the City of Olympia.

I. "Canyon Reach-Tumwater Management Unit" means that portion of the Percival Creek Canyon located within the City of Tumwater.

J. "Corridor" or "Percival Creek Corridor" means those lands adjacent to Percival Creek and the Black Lake Drainage Ditch, including those areas extending upland from the centerline of the Creek to the nearest paralleling road or railroad and extending from Percival Cove to Black Lake.

K. "Drainage ditch buffer" means a required area of undisturbed natural vegetation outside of and adjacent to the drainage ditch for the purpose of protecting the drainage ditch and maintaining its natural hydrological, biological, visual and cultural functions and values.

L. "Drainage water buffer" means a required area of undisturbed natural vegetation outside of and adjacent to the drainage way for the purpose of protecting the drainage way and maintaining its natural hydrological, biological, visual and cultural functions and values.

M. "Environment," "Master Program Environment" or "Shoreline Environment" means the categories of shorelines of the State established by the Shoreline Master Program for the Thurston Region to differentiate between areas whose features imply differing objectives regarding their use and future development. These existing environments are: Urban, Rural, Conservancy and Natural.

N. "Environmental management district" means an area which has been designated by the local government as meeting certain criteria for which a special management plan, policies and regulations are prepared.

O. "Lot of record" means a lot shown as a part of a recorded subdivision or any parcel of land described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded in the office of the County Auditor.

P. "Management units" means those portions of the Percival Creek Corridor which have been segregated into areas which have a predominance of similar features, land use ownership patterns and/or jurisdictional boundaries.

Q. "Middle Reach Management Unit" means those lands upstream from the Mottman Road crossing of the Black Lake Drainage Ditch to 25th Avenue extended and within the City of Olympia.

R. "Shoreline Environmental Management District" means an area of the region which contains a unique combination of physical features and/or resources which could not be safeguarded adequately simply by the preceding provisions of the Master Program; where the jurisdiction of the Shoreline Management Act is too restrictive and the activities upon adjacent lands may be critically important to the viability of the resource; where diverse uses would be conflicting and incompatible without management techniques specifically designed for that area; where the uniqueness of the area demands an even greater degree of environmental protection, then a local government may establish a special Shoreline Environmental Management District as an amendment to the Shoreline Master Program for the Thurston Region.

S. "Shoreline Management Act Jurisdiction" or "Shoreline Jurisdiction" means those lands lying within the following locations:

1. Two hundred feet on both sides of creek or drainage ditch;

2. A 100-year flood plan; and/or

3. An associated wetland.

T. "Top of the canyon" means a significant break in the slope less than 30 percent (16.7 degrees) and at least 15 feet wide not including the Burlington Northern Railroad rights-of-way. At the confluence of Percival Creek (from Trosper Lake) and the Black Lake Drainage Ditch, the "top of the canyon" for Percival Creek shall be a line drawn from the highest most point along the East bank to the corresponding side on the West bank.

U. "Upper Reach Management Unit" means those lands upstream from 25th Avenue extended along the Black Lake Drainage Ditch to Black Lake and within the City of Tumwater and Thurston County.

V. "Wetland buffer" means a required area of undisturbed natural vegetation outside of and adjacent to the wetland edge for the purpose of protecting the wetland from intrusion and maintaining its natural hydrological, biological, visual and cultural functions and values.

W. "Wetland edge" means the line around a wetland where the prevalence hydrophytes, or wetland plants, ceases. For the purposes of defining the wetland edge, the prevalence of hydrophytes ceases at the point where the combined percent of hydrophytes in the overstory, understory and ground cover falls below fifty percent (50%).

X. "Wetlands" means lands where saturation with water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil and on its surface. The single feature that most wetlands share is soil or substrate that is at least periodically saturated with or covered by water. The water creates severe problems for all plants and animals except those that are adapted for life in water or in saturated soil. (Classification of Wetlands and Deep Water Habitats of the United States, 1979) (NOTE: Not the same as the Shoreline Management Act definition).

2 - PERCIVAL CREEK CORRIDOR

Canyon Reach--Olympia Management Unit.

A. Scope/Boundary. The Canyon Reach--Olympia Management-Unit has been split into two sub-units based upon the differing physical and jurisdictional boundaries. All lands identified below shall be governed by the provisions of the Shoreline Master Program and Act, except for those lands in "2" below shall be governed by the provisions of the local zoning ordinance. Lands within this Management Unit are as follows:

1. Those lands within the jurisdiction of the Shoreline Management Act (two hundred (200) feet from the creek).

2. Those remaining lands within the canyon and including those lands from the shoreline jurisdiction to one hundred (100) feet beyond the top of the canyon.

B. Policies. These policies shall only apply to those areas described above.

1. Uses should be severely limited to those which protect, conserve and manage existing natural resources and valuable cultural areas. Uses should be nonconsumptive of the physical and biological resources or substantially nondegrading of the unique or valuable natural shoreline characteristic. There should be little or no intrusive visual evidence of man-developed structures within the canyon and it should remain relatively free of human influence.

2. Existing structures and uses should conform to the provisions of this management unit to the greatest extent possible.

3. Development should be prohibited within the Percival Creek Canyon except for road crossings and utility corridors where no reasonable alternative exists.

4. The Percival Creek Canyon should be managed as an ecologically sensitive area.

5. Uses or activities which can be identified as detrimental to the water quality of Percival Creek or which would require a Federal or State pollution discharge permit other than for stormwater conveyance or aquaculture purposes should be prohibited.

6. Where conflicts arise between economic development and the protection, conservation and management of existing natural resources, the latter should be given priority.

7. Agricultural practices, including use of chemicals and animal keeping, should be conducted in a manner which protects water quality.

8. Public access and recreational opportunities should be explored within the canyon, but limited to the degree compatible with the conservation or restoration of the canyon ecosystem. These opportunities should be discussed by the local parks departments, affected state agencies, and adjacent property owners.

9. A shoreline pedestrian trail within the canyon is authorized providing (in order of priority):

a. The Burlington Northern Railroad (BNRR) rights-of-way is abandoned and is made available to the City; or

b. An access easement can be obtained from BNRR for a trail located adjacent to the tracks and within the rights-of-way; or

c. Another acceptable trail route can be identified which is compatible with the canyon ecosystem.

C. Use Regulations.

1. Allowable uses and activities within the canyon* are as follows:

*NOTE: Developments within the Canyon or Middle Reach but outside the shoreline jurisdiction will be governed by Chapter 18.76 of this code.

a. Primary Uses.

1) Aquaculture. Aquacultural activities relating to the fishing and harvesting of wild and planted stock for recreational and commercial purposes.

2) Recreation. Low intensity and passive recreational facilities (viewpoints, unpaved trails, limited picnic facilities) including publicly or privately owned passive parks, wildlife refuges, or open spaces.

3) Research and Education. Temporary, water-dependent and water-oriented research and educational facilities.

4) Road and Railroad Design and Construction.

a) Road. The continued use and maintenance of existing bridges is allowed. The future expansion of both SR-101 bridges from two to four lanes westbound and three lanes eastbound and the construction of the five-lane West Olympia Bridge are allowed. A road for motorized vehicles within the canyon is prohibited.

b) Railroads. The continued use and maintenance of the existing Burlington Northern Railroad line and the construction of new facilities outside the canyon is allowed.

c) Pedestrian Facilities. The maintenance and use of pedestrian bridges and trails is allowed.

5) Utilities. The continued maintenance of existing facilities is allowed. Specific uses include stormwater retention/detention ponds and conveyance facilities, sanitary sewer, water, gas, electricity, telephone, telecable, and other similar utilities.

Where creek crossing is determined to be necessary, utilities shall be attached to or located immediately adjacent to one of these facilities: Evergreen Park pedestrian bridge, West Olympia bridge or SR-101 bridge.

Future utility improvements shall be underground, where feasible, and within or immediately adjacent to existing utility easements. Stormwater discharges to the creek shall utilize existing discharge Points to the extent feasible.

b. Accessory Uses. The following uses are allowed only when shown to be clearly subordinate or incidental to the primary use; is the minimal area necessary to accomplish the proposed use; is in conformance with all appropriate local, state, and federal regulations; and is consistent with the following performance criteria:

1) Dredging. When allowed, this activity shall:

a) Include provisions for fisheries or wildlife habitat improvement.

b) Be subject to the required plans, review and conditions of "Special Plans" Section E.

2) Forest Management Practices. When allowed, this activity shall be of limited scope such as selective tree harvesting for the preservation of view corridors or for trees affected by fire, disease or insects.

3) Landfilling. When allowed, this activity shall:

a) Be subject to the required plans, review, and conditions of "Special Plans" Section E.

b) Return of the excavated portion of Olympic Park Replat proposed Division 2, North of Tract A in Division l, to as close to its original contours as possible, be allowed, provided a landscaping plan is included for the filled area.

4) Shoreline Protection. When allowed, this activity shall provide for bank protection devices or in-stream construction for the purpose of fisheries or wildlife enhancement.

c. Nonconforming Uses. A use lawfully existing prior to the effective Program for the Thurston Region," or any amendment thereto which is rendered nonconforming by the adoption of these regulations or an amendment thereof, may continue in a manner and to the extent that it existed upon the effective date of the Management Unit or amendment respectively.

2. Permitted uses outside of the Percival Creek canyon, but within 100 feet of the top of the bank are as follows:

a. Primary uses and their customary accessory uses permitted by the underlying zoning district (subject to "b" below).

b. Uses or activities which can be identified as detrimental to the water quality of Percival Creek or which would require a federal or state pollution discharge permit other than for stormwater conveyance or aquaculture purposes are prohibited.

D. Dimensional Standards. Other than those standards below, dimensional standards within this unit shall be pursuant to the underlying zoning.

However, any rights created or granted within existing Planned Unit Development approvals or in the Memorandum of Settlement of Civil Action, Thurston County Superior Court Case No. 84-2-01074 and SHB No. 84-38, Between the Black Hills Audubon Society, the City of Olympia and Plaintiffs Falcone, et al., and Evergreen Park, Inc. shall not be affected by this section. Provided, if a geotechnical report required for a particular parcel under this ordinance indicates that the minimum setback provisions in the settlement agreement pose a hazard to persons, property or the environment when applied to said lot, the administrator may require minimum buffers as provided in subsection 1 below.

1. Canyon Buffer.* The minimum buffer from the top of the canyon shall be twenty-five (25) feet except when the property is less than one hundred (100) feet in depth from the canyon to a frontage road. In this case, the administrator may authorize a reduction in this buffer of no more than fifty percent (50%), provided the structure would be visually obstructed from the railroad right-of-way, and is accomplished by a site plan which has incorporated into it the recommendations of a geotechnical report.

2. Density.* The areas within the canyon shall be subtracted from the gross parcel size for the purpose of density calculation.

E. Special Plans. Developments lying within the shoreline jurisdiction or within the canyon* will be required to submit these special plans or studies and undergo the special review as follows:

*NOTE: Developments within the Canyon or Middle Reach but outside the shoreline jurisdiction will be governed by Chapter 18.76 of this code.

1. Environmental Checklist. No categorical exemptions shall exist within the canyon. All developments requiring a local permit shall prepare an Environmental Checklist.

2. Supplemental Review. Copies of all Environmental Checklists and their attachments, plans and reports shall be circulated to the Squaxin Island Tribe, and appropriate state and federal agencies for review. Development proposals shall incorporate applicable recommendations from these agencies for preventing and mitigating adverse impacts on fish or wildlife resources and enhancing wildlife habitat.

3. Water Quality Assessment. A detailed assessment of the water quality impacts and proposed mitigation measures will be a required part of the Environmental Checklist.

4. Geotechnical Report.

a. This report shall include a description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations of the adequacy of the site to be developed. This report shall be prepared by either a licensed civil engineer or an engineering geologist who is knowledgeable of regional geologic conditions and who derives his/her livelihood from employment in this field.

b. Any area in which the investigation indicates the presence of geological hazards shall not be developed unless the report can conclusively demonstrate that these hazards would be overcome in such a manner as to prevent hazard to life or limb, hazard to property, adverse effects on the safety, use or integrity of the canyon ecology, and adverse impact on the natural environment. The burden of proof lies with the proponent.

c. The requirement of this report may be waived by the administrator if the proposed development would not cause significantly adverse geological impacts, or there is adequate geological information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigation measures.

5. Clearing and Grading Plan. This plan shall specifically identify vegetation to be removed, a schedule for vegetation removal and replanting, and the method of vegetation removal. Clearing and grading activities shall be undertaken only during the drier months of the year and shall be in accordance with all local ordinances. Undergrowth shall be retained to the extent feasible. Yarding methods which minimize soil disturbance shall be used.

6. Temporary Erosion Control Plan. This plan shall identify the specific mitigating measures to be implemented during construction to protect the water from erosion, siltation, landslides and deleterious construction materials.

7. Stormwater Control Plan. Except for individually owned duplex and single-family residences not within a "project," a permanent stormwater control plan shall take into consideration existing and projected development in surrounding areas and identify the means of protecting water quality.

a. Stormwater Maintenance Agreement. A maintenance program for the storm drainage system, which identifies maintenance activities, schedules, and responsibilities shall be part of the stormwater control plan.

b. Stormwater Plan Review. Authorization of all stormwater systems shall be by the local jurisdiction with review by the appropriate state and federal agencies and the Squaxin Island Tribe.

F. Permit Process.

1. "Substantial development" located within the shoreline jurisdiction and not expressly exempted by the State Shoreline Management Act and WAC 173-14-040 will require a Substantial Development Permit.

2. Uses and activities exempted by the State Shoreline Management Act and WAC 173-14-040 shall still comply with the policies and regulations of this Management Unit.

3. When a Substantial Development Permit is required, the Administrator shall undertake a consolidated review of the project by the affected parties identified in Section E and seek to minimize the time in the permit process through close coordination with the applicant.

3 - PERCIVAL CREEK CORRIDOR

Middle Reach Management Unit.

A. Scope/Boundary. The Middle Reach Management Unit has been split into three sub-units based upon differing physical and jurisdictional boundaries. All lands identified below are governed by the provisions of the Shoreline Master Program and Act, except for the wetland buffer which shall be governed by the provisions of the local zoning ordinance. Lands within this Management Unit are as follows:

1. Black Lake Drainage Way and its adjacent fifty (50) foot buffer area.

2. Associated Wetlands of Black Lake and its adjacent fifty (50) foot buffer area.

3. Those lands extending from the outside edge of the Black Lake drainage way buffer to the two hundred (200) foot shoreline boundary or the edge of the 100-year flood plain whichever is greater.

B. Policies. These policies shall only apply to those areas described above.

1. Uses and activities should protect the shoreline from urban expansion by encouraging "planned" development concepts which accommodate innovation, creativity and design flexibility. Such "planned" developments would be characterized by lower intensity uses and activities along the shoreline and associated wetland which would provide a buffer and create environmental protection from competing upland activities.

2. Existing structures and uses should conform to the provisions of this management unit to the greatest extent possible.

3. Development should be prohibited within the drainage way and its buffer except for road and utility crossings where no reasonable alternative exists.

4. Uses or activities which can be identified as detrimental to the waters of Black Lake Drainage Ditch or which would require a federal or state pollution discharge permit other than for stormwater conveyance or aquaculture purposes should be prohibited.

5. Where conflicts arise between economic development and the protection, conservation and management of existing natural resources, the latter should be given priority.

6. Agricultural practices, including use of chemicals and animal keeping, should be conducted in a manner which protects water quality.

7. Recreational opportunities should be explored within the publicly owned Black Lake Drainage Ditch and private property within the drainage way buffer where access easements can be obtained to the degree compatible with the conservation or restoration of the drainage ditch ecosystem. These opportunities should be discussed by the local parks departments, affected state agencies, and adjacent property owners.

8. Projects to maintain the drainage ditch should incorporate features which enhance the habitat value of the ditch and associated wetland.

9. Preclude filling of the associated wetlands except for road and utility crossings where no reasonable alternative exists.

10. Developments are encouraged to arrange their site design to:

a. Cluster required open space areas, small courtyards, plazas, or other pedestrian-oriented amenities within or adjacent to the shoreline setback,

b. Orient office spaces of industrial development adjacent to the creek, and

c. Use of wooden exterior, where possible, and/or paint of an earth tone of blue, brown, gray or green as a preferred architectural treatment.

11. Unsightly or inappropriate shoreline activities should not be located along the drainage ditch side of a parcel unless visually obscured from the water’s edge by a combination of topography, dense plantings, earth berming, or a screening fence.

C. Use Regulations.

1. Allowable uses and activities within the Black Lake Drainage Way, its buffer, the associated wetlands of Black Lake, and its buffer* are as follows:

*NOTE: Developments within the Canyon or Middle Reach but outside the shoreline jurisdiction will be governed by Chapter 18.76 of this code.

a. Primary Uses.

l) Aquaculture. Aquacultural activities relating to the fishing and harvesting of wild and planted stock for recreational and commercial purposes.

3) Research and Education. Temporary, water-dependent and water-oriented research and educational facilities.

4) Road and Railroad Design and Construction.

a) Road. The continued use and maintenance of existing facilities is allowed. There shall be a preference for future improvements to be clustered immediately adjacent to the existing Mottman Road crossing in lieu of a new corridor crossing.

Future transportation corridors which cross the wetlands will be improved to minimum road standards of at least a collector roadway, a sixty (60) foot rights-of-way, a public railroad crossing and eventual signalization at Black Lake Boulevard. Future transportation corridor crossings will only be allowed in the following prioritized locations:

i) Mottman Road--at grade

ii) 25th Avenue--elevated structure across the wetland.

(NOTE: The elevated structure is the preferred alternative at 25th Avenue without providing additional roadway design alternative(s) and an environmental assessment of the potential impacts of the alternative design(s) upon the wetland and its habitat values.)

b) Railroads. The continued use and maintenance of the existing Burlington Northern Railroad line and the construction of new facilities outside the shoreline setback is allowed.

c) Pedestrian Facilities. The maintenance and use of trails are allowed.

5) Utilities. The continued maintenance of existing facilities is allowed. The continued maintenance of the Black Lake Drainage Ditch is also allowed provided that such an activity includes features which increase the habitat value of the ditch and adjacent wetlands. Specific uses include stormwater retention/ detention ponds and conveyance facilities, sanitary sewer, water, gas, electricity, telephone, telecable, and other similar utilities. Stormwater discharges to the creek shall utilize existing discharge points to the extent feasible.

Where the creek crossings are determined to be necessary, they shall be located within the Mottman Road rights-of-way crossing, or in the 25th Avenue (extended) corridor, or in areas specifically identified in utility comprehensive plans or drainage basin plans adopted by a local government, provided, that such plans shall be subject to review as "Special Plans" as set forth at Section E of this subsection.

Future utility improvements which cross the drainage ditch and/or associated wetlands shall be allowed only within the corridors described below, or in areas specifically identified in utility comprehensive or drainage basin plans adopted by a local government, provided, that such plans shall be subject to review as "Special Plans" as set forth at Section E of this subsection. Utility improvements may precede the roadway improvements with these corridors and where the utilities span the drainage ditch or former channel an aerial crossing shall be used. The prioritized utility corridors are as follows:

a) Mottman Road

b) 25th Avenue--in conjunction with the elevated structure or immediately adjacent to the existing utility easements.

b. Accessory Uses. The following uses are allowed only when shown to be clearly subordinate or incidental to the primary use; is the minimal area necessary to accomplish the proposed use; is in conformance with all appropriate local, state and federal regulations; and is consistent with the following performance criteria:

1) Dredging. When allowed, this activity shall:

a) Be a part of an approved fisheries or wildlife habitat improvement project.

b) Be subject to the required plans, review and conditions of the "Special Plans" Section E.

3) Landfilling. When allowed, this activity shall be subject to the required plans, review and conditions of the "Special Plans" Section E.

4) Shoreline Protection. When allowed, this activity shall provide for bank protection devices or in stream construction for the purpose of fisheries or wildlife enhancement.

c. Nonconforming Uses. A use lawfully existing prior to the effective date of this Upper Reach Management Unit, the "Shoreline Master Program for the Thurston Region," or any amendment thereto which is rendered nonconforming by the adoption of these regulations or an amendment thereof, may continue in a manner and to the extent that it existed upon the effective date of the Management Unit or amendment respectively.

2. Allowable uses and activities not located in the preceding areas to the boundary of the shoreline jurisdiction are as follows:

a. Primary uses and their customary accessory uses (subject to "b" below):

1) Sales

2) Service

3) Storage

4) Manufacturing

5) Residential

6) Parks, open space and recreation facilities

7) Uses of a similar nature as determined by the local administrator.

b. Uses or activities which can be identified as detrimental to the water quality of the Black Lake Drainage Ditch and the Associated Wetlands of Black Lake, or which would require a federal or state pollution discharge permit other than for stormwater conveyance or aquaculture purposes are prohibited.

D. Dimensional Standards. Other than those standards below, dimensional standards within this unit shall be pursuant to the underlying zoning.

1. Drainage Way Buffer. For properties abutting the publicly owned Black Lake Drainage Way, a fifty (50) foot undisturbed native vegetative buffer shall be retained.

a. The administrator may require a vegetation enhancement plan for those locations within the buffer where substantial native vegetation is lacking.

b. All vegetation enhancement plans for the publicly owned Black Lake Drainage Way buffer shall be designed to increase wildlife or aquatic habitat by including riparian species similar to those listed in "Suggestions for Stream Bank Revegetation in Western Washington."

c. When an adjacent property owner desires to landscape the abutting publicly owned drainage way, the vegetation enhancement plan shall be reviewed and approved by the Thurston County Public Works Department.

d. The standards of subsection 2 below supersede the provisions of this section.

e. The administrator may reduce the drainage way buffer when the existing lot of record is less than one hundred (100) feet in depth. In this case, the buffer shall not be greater than fifty percent (50%) of the parcel depth but in no case reduced beyond twenty-five (25) feet.

f. Properties which contain material storage yards, truck service roads, railroad lines, equipment or vehicle parking or similar activities shall be screened from the drainage ditch. A sight screening will be located in a ten (10) foot strip immediately upland of the drainage ditch buffer by providing a combination of view obstructing vegetation, earth berm, wall or fencing.

2. Wetland Buffer.* For properties abutting the associated wetlands of Black Lake, a fifty (50) foot undisturbed native vegetation buffer shall be retained.

*NOTE: Developments within the Canyon or Middle Reach but outside the shoreline jurisdiction will be governed by Chapter 18.76 of this code.

a. Land uses and activities which encroach into the required buffer area on the effective date of the implementing ordinance shall retain the existing buffer with no further clearing or habitat destruction.

b. Vegetation enhancement plans shall be designed to increase wildlife or aquatic habitat by including riparian species similar to those listed in "Suggestions for Stream Bank Revegetation in Western Washington."

c. A vegetation enhancement plan and a wetland assessment shall be prepared for the associated wetland and/or its buffer, and reviewed by the appropriate state and federal agencies.

d. The standards of this section supersede the provisions of subsection 1 above.

3. Density. That portion of a parcel containing a wetland shall be subtracted from the gross parcel size to determine residential density. Where the entire parcel lies within a wetland, one dwelling unit per lot of record may be transferred to an adjacent upland parcel.

4. Building Height. Thirty-five (35) feet within shoreline jurisdiction.

E. Special Plans. Substantial developments within the shoreline jurisdiction will be required to submit these special plans or studies and undergo the special review as follows:

1. Environmental Checklist. No categorical exemptions shall exist within the shoreline setback. All developments requiring a local permit shall prepare an Environmental Checklist.

2. Clearing and Grading Plan. This plan shall specifically identify vegetation to be removed, a schedule for vegetation removal and replanting, and the method of vegetation removal. Clearing and grading activities shall be undertaken only during the drier months of the year and shall be in accordance with all local ordinances. Undergrowth shall be retained to the extent feasible. Yarding methods which minimize soil disturbance shall be used.

3. Temporary Erosion Control Plan. This plan shall identify the specific mitigating measures to be implemented during construction to protect the water from erosion, siltation, landslides and deleterious construction materials.

4. Stormwater Control Plan. Except for individually owned duplex and single-family residences not within a "project," a permanent stormwater control plan shall take into consideration existing and projected development in surrounding areas and identify the means of protecting water quality.

b. Stormwater Plan Review. Authorization of all stormwater systems shall be by the local jurisdiction with review by the appropriate State and Federal agencies and the Squaxin Island Tribe.

Substantial developments also lying within the drainage way buffer shall also submit the following:

5. Supplemental Review. Copies of all Environmental Checklists and their attached plans or reports shall be circulated to the Squaxin Island Tribe and appropriate State and Federal agencies for review. Development proposals shall incorporate applicable recommendations from these agencies for preventing and mitigating adverse impacts on fish or wildlife resources and enhancing wildlife habitat.

6. Water Quality Assessment. A detailed assessment of the water quality impacts and proposed mitigation measures will be a required part of the Environmental Checklist.

7. Geotechnical Report.

Substantial developments proposed within the associated wetlands of Black Lake or its buffer* shall also submit the following:

*NOTE: Developments within the Canyon or Middle Reach but outside the shoreline jurisdiction will be governed by Chapter 18.76 of this code.

8. Vegetation Enhancement Plan. This report shall contain a list of deliberate and controlled alterations to the vegetation which may be allowed and which are intended to result in a net increase in wildlife or aquatic habitat value.

9. Wetland Assessment.

a. This study shall determine the edge of the wetland and contain details on habitat value, hydrology, vegetation type, and/or water quality studies. It shall also include specific recommendations for mitigating measures which could be required as a condition of project approval. The recommendations may include, but are not limited to, construction techniques, or design, drainage, density specifications, and buffers. This analysis shall be prepared by persons who are educated in their respective field of expertise and derive his/her livelihood from employment as a consultant in that specialized field.

b. The Administrator may waive the requirement for said report if the proposed development would not cause significantly adverse biological and hydrological impacts, or there is adequate information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigating measures.

F. Permit Process.

1. "Substantial development" located within the shoreline jurisdiction and not expressly exempted by WAC 173-14-040 will require a Substantial Development Permit.

2. Uses and activities exempted by the State Shoreline Management Act and WAC 173-14-040 shall still comply with the policies and regulations of this management unit.

(Ord. 5455 §1, 1994; Ord. 4774 §1, 1987; Ord. 4373 §1, 1982; Ord. 4307 §1, 1981).

14.08.020 Supersession

Pursuant to the authority of the Shoreline Master Program for the Thurston Region and RCW Chapter 90.58, the Shoreline Management Act, this title constitutes a local ordinance and supersedes the parts 5, 6, 7, 8, 9, 10, 11, 13 and 15 of Section VII, "Definitions and Administration." The provisions of the master program and this title are supplementary to the provisions of RCW Chapter 90.58 and Title 173 WAC.

(Ord. 4373 §2(part), 1982; Ord. 4307 §2(part), 1981).

14.08.030 Shoreline substantial development, conditional use and variance permits

A. Applications for shoreline substantial development permits, conditional use permits, and variance permits are subject to and shall be processed pursuant to WAC Chapter 173-27, as now or hereafter amended, and, as provided below.

B. Applications for shoreline substantial development, conditional use, and variance permits shall be submitted to the planning department on forms supplied by the department. The application shall contain the information required by WAC 173-27-180 and such other information as may be required by the department. The applicant shall pay to the department the application fee prescribed by the approved fee schedule. In addition to the application fee, the applicant shall pay fees for environmental analysis, and for other necessary actions or approvals.

C. Applications for those shoreline development permits that are exempt from the State Environmental Policy Act and entirely upland of the ordinary high water mark may be decided by the Site Plan Review Committee if a public hearing is not requested by an interested party. The Hearing Examiner shall hold a public hearing and render a decision regarding other applications identified in subsection A of this section.

D. Pursuant to WAC 173-27-110, notice of the application and hearing shall be published in the manner prescribed therein, and mailed to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the subject property, fifteen (15) days before the hearing. In addition, the planning department, in its discretion, may give notice in any other manner deemed appropriate.

E. The decision of the hearings examiner may be appealed to the city council, pursuant to Olympia Ordinance No. 4148. and the decision of the council may be appealed to the Shorelines Hearing Board pursuant to WAC 173-27-220.

F. Pursuant to WAC 173-27-090 and 173-27-100, the director or the director’s designee shall review and decide requests for time extensions and permit revisions. The decision of the director may be appealed pursuant to city ordinance.

(Ord. 6408 §1, 2006; Ord. 4373 §2(part), 1982; Ord. 4307 §2(part), 1981).

14.08.040 Amendments

A. Amendments to the Shoreline Master Program, including changes in mapped environmental designations, shall be processed pursuant to chapter 173-19 WAC as now or hereafter amended, and as provided below.

B. Applications for proposed amendments shall be submitted to the planning department on forms supplied by the department. The applicant shall pay to the department the application fee and fees for environmental analysis pursuant to RCW 43.21C (SEPA), and for other necessary actions or approvals.

C. The city commission shall hold the public hearing prescribed by WAC 173-19-062(1). At any time, the commission may refer a proposed amendment to the planning commission for a recommendation. If the planning commission elects to hold a public hearing, a notice of the hearing shall be given in the same manner as the hearing held by the board.

D. If the proposed amendment is a map change of environmental designation, regardless of the size or number of parcels affected, or regardless of whether the applicant is a private person or governmental agency, notice of the proposed amendment shall be mailed to all the owners of the property which is proposed for redesignation, as shown by the records of the county assessor. In addition, notice shall be mailed to all the owners of property which lies within three hundred feet of the boundary of the property proposed for designation. Notices given pursuant to this subsection shall be mailed at least ten calendar days before the date of the hearing. The applicant shall furnish to the planning department the names and addresses of property owners who are to receive notice.

(Ord. 4373 §2(part), 1982; Ord. 4307 §2(part), 1981).

14.08.050 Appeals of administrative decisions

A. Any aggrieved person may appeal an administrative decision made pursuant to the master program by filing a written appeal with the planning department within ten days from the date of decision. The appeal shall be filed on forms prescribed by the department and the appellant shall pay to the department the appeal fee prescribed by the approved fee schedule.

B. Appeals of administrative decisions shall be decided by the hearings examiner, after public hearing, and shall be subject to the provisions of Ordinance No. 4148. Notice of the hearing shall be mailed to the appellant and may be mailed to any other person who the planning department believes may be affected by or interested in the appeal. Notice shall be mailed not later than ten days before the hearing.

(Ord. 4373 §2(part), 1982; Ord. 4307 §2(part), 1981).

14.08.060 Fees

For purposes of this chapter, the fee schedule in Section 4.40.010 of the Olympia Municipal Code is considered the "approved fee schedule."

(Ord. 6059 §1, 2000; Ord. 5980 §3, 1999; Ord. 4423 §5, 1983).