20D.150.200 Shoreline Administration and Procedures.
20D.150.200-010 Administrative Interpretations.
The Administrator may adopt such code interpretations as necessary to administer the shoreline master program policies and regulations. Any formal written interpretations of shoreline policies or regulations shall be submitted to the Department of Ecology for review. (Ord. 2486)
20D.150.200-020 Nonconformances.
(1) Nonconformities, as defined in Chapter 20A.20 RCDG, Definitions, may continue to be used and maintained in accordance with the provisions of this chapter except as otherwise provided in RCDG 20D.150.150-020, Amortization of Off-premises Signs within the Shoreline, and RCDG 20D.160.10-110, Amortization of Sandwich Board Signs. The use and maintenance is permitted as a result of vested rights obtained through the legal establishment of the nonconforming use or structure.
(2) Nonconforming Shoreline Uses. A nonconforming use located within the shoreline jurisdiction may not be enlarged or expanded. If a nonconforming use is discontinued for 12 consecutive months or for 12 months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming.
(3) Nonconforming Shoreline Structures. A nonconforming structure may not be expanded or altered in any way so as to increase that nonconformity; provided, however, that nonconforming shoreline structures may be maintained and repaired and may be enlarged or expanded, provided that said enlargement or expansion does not extend the structure closer to the shoreline. A nonconforming structure shall be brought into full compliance with the Redmond Community Development Guide (meaning the development shall be modified to make it code compliant) when alteration or expansion of the structure takes place and the following takes place within any three-year period:
(a) The gross floor area of the structure is increased by 100 percent or more; or
(b) The costs stated on all approved building permit applications for the structure equal or exceed the assessed value of the structure at the beginning of that three-year period. (Ord. 2486)
20D.150.200-030 Shoreline Permits.
(1) Purpose. It is the purpose of this section to describe the procedures and requirements for development within specified areas related to lakes, rivers, streams, wetlands, and floodplains as required to implement the Shoreline Management Act, as amended, Chapter 90.58 RCW, and to aid in implementation of the Federal Flood Insurance Program and the State Flood Control Zone Program.
(2) Permit Required. Within the shoreline jurisdiction, as described in RCDG 20D.150.20, development shall be allowed only as authorized in a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit or Shoreline Variance Permit unless specifically exempted from obtaining such a permit under RCDG 20D.150.200-030(3), Exemptions. Enforcement action by the City or Department of Ecology may be taken whenever a person has violated any provision of the Shoreline Management Act or any Redmond Shoreline Master Program provision, or other regulation promulgated under the Act. Procedures for enforcement action and penalties shall be as specified in Chapter 1.14 RMC. In addition, where a single integrated development encompasses both shoreline and nonshoreline areas, a shoreline substantial development permit must be obtained before any part of the development, even a portion of a single integrated development that is entirely confined to the upland areas, can proceed.
(3) Exemptions. Proposals identified under WAC 173-27-040 are exempt from obtaining a Shoreline Substantial Development; however, a Shoreline Variance or Shoreline Conditional Use may still be required. Applicants shall have the burden to demonstrate that the proposal complies with the requirements for the exemption sought as described under WAC 173-27-040. Some exempt development shall not commence until the City of Redmond has issued a letter of exemption. Letters of exemption shall be subject to a Type I permit process. The table below identifies the exemptions existing on the date of this code and categorizes them as requiring or not requiring a letter of exemption. Note: Shoreline exemptions may also be identified in Chapter 90.58 RCW, as updated periodically by the Legislature.
(4) Revisions to WAC 173-27-040. With subsequent revisions to WAC 173-27-040, the Planning Director shall determine administratively whether a letter of exemption is required and issue said decision as an administrative interpretation under RCDG 20D.150.200-010.
The following table discusses when an application is required for a potential shoreline exemption.
|
No Application Required* |
Application Required** |
|
Aquatic weed control (n)1 |
Fair market value <= $5,718 (a) |
|
Construction practices normal for farming (e) |
Construction of normal bulkheads (c)2 |
|
Navigational aids (f) |
Emergency construction (application submitted after-the-fact if needed) (d) |
|
Operation and maintenance of waterways (i) |
Single-family residences (g) |
|
Marking of property lines (j) |
Docks <= $10,000 (h) |
|
Operation and maintenance of dikes and levies (k) |
Watershed restoration projects (o) |
|
Projects with certification from the Governor (l) |
Fish and wildlife restoration projects (p) |
|
Site exploration (m) |
Normal maintenance and repair of existing uses. |
1 Other state agency permits may be required.
2 Bulkhead construction is only exempt if the proposed bulkhead is located at or near the ordinary high water mark and is needed to protect an existing residence or appurtenant structure from loss or damage by erosion.
* “No Application Required.” These activities do not require an application or letter of exemption, but shall comply with the City of Redmond’s Shoreline Master Program and Redmond Community Development Guide.
** “Application Required.” These activities require a Letter of Shoreline Exemption for the City of Redmond before they may commence. An application shall be on the Joint Aquatic Resources Permit Application form and any other application forms deemed appropriate by the Administrator. Applications may be deemed complete when required forms and attachments are provided consistent with a Shoreline Exemption Development Application Checklist. The applicant shall identify whether the proposal meets the requirements of WAC 173-27-050 (an application which requires a Corps of Engineers Section 10 or Section 404 Approval). If so, a copy of the Letter of Exemption shall be filed with the Department of Ecology.
(5) Letters of Exemption Required. Applications for exempt status may be denied, approved, or conditionally approved through a Type I permit process and in a format approved by the Administrator. The format of the decision shall contain, at a minimum, those items identified under WAC 173-27-050. Copies of the decision shall be sent to the Department of Ecology if the proposed development requires those permits listed under WAC 173-27-050(1)(a) and (b). The applicant is responsible for determining and disclosing in the Joint Aquatic Resources Permit Application whether permits listed under WAC 173-27-050(1)(a) and (b) are required.
(6) Procedures.
(a) Shoreline Exemption. Applications for a Shoreline Exemption shall follow the procedures for a Type I review pursuant to RCDG 20F.30.30.
(b) Shoreline Substantial Development Permit. Applications for a Shoreline Substantial Development Permit shall follow the procedures for a Type II review pursuant to RCDG 20F.30.35. In addition to required content listed in RCDG 20F.30.35-020, notice of applications for Shoreline Substantial Development Permits must also contain the following information:
Statements that:
(i) Any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning the application, may submit the comments or requests for decisions to the City within 30 days of the date the notice is published pursuant to this section;
(ii) After exhausting the administrative appeals process with the City of Redmond, those parties still aggrieved by a decision may appeal the decision pursuant to WAC 173-27-220; and
(iii) For limited utility extensions and bulkheads, as described in WAC 173-27-120, the notice shall include a further statement regarding the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance.
The minimum notice of application comment period for Shoreline Substantial Development Permits shall be no fewer than 30 days. However, the minimum comment period for applications for Shoreline Substantial Development Permits for limited utility extensions and bulkheads, as described by WAC 173-27-120, shall be 20 days. All comments received on the Notice of Application must be received in the Redmond Development Services Center by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. The Technical Committee’s decision on a Type II application shall not be issued prior to the expiration of the minimum comment period.
At the conclusion of an administrative appeal proceeding of any other entitlement permit related to the Shoreline Substantial Development Permit with the City of Redmond, the Administrator shall mail a copy of the Technical Committee report, permit decision, transmittal sheet and Shoreline checklist to the applicant, Department of Ecology, and the Washington State Attorney General’s Office, pursuant to RCW 90.58.140 and WAC 173-27-130. The permit shall state that construction pursuant to a permit shall not begin or be authorized until 21 days from the date the permit decision was filed as provided in RCW 90.58.140(6); or until all review proceedings are terminated if the proceedings were initiated within 21 days from the date of filing as defined in RCW 90.58.140(5) and (6). “Date of filing” is that date that the Department of Ecology received a copy of the decision.
An appeal of a Shoreline Substantial Development Permit shall be to the State Shorelines Hearings Board and shall be filed within 21 days of the receipt of the City’s decision by the Department of Ecology as set forth in RCW 90.58.180.
(c) Shoreline Conditional Use Permit and Shoreline Variance. Applications for a Shoreline Conditional Use Permit or a Shoreline Variance shall follow the procedures for a Type III review pursuant to RCDG 20F.30.40.
In addition to required content listed above, notice of applications for Shoreline Conditional Use Permits and Variances must also contain the following information:
Statements that:
(i) Any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning the application as expeditiously as possible after issuance of the decision, may submit the comments or requests for decisions to the City within 30 days of the date the notice is published pursuant to this section.
(ii) After exhausting the administrative appeals process with the City of Redmond, those parties still aggrieved by a decision may appeal the decision pursuant to WAC 173-27-220.
The Notice of Application shall provide a minimum comment period of 30 days. All comments received on the Notice of Application must be received in the Redmond Development Services Center by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. The Technical Committee’s recommendation on a Type III application shall not be issued prior to the expiration of the minimum comment period.
After the conclusion of the appeal period of any other entitlement permit related to the Shoreline Conditional Use Permit or Shoreline Variance, or the resolution of a filed appeal, the Administrator shall mail the Notice of Final Decision and the final SEPA threshold determination, if any, to the applicant and to each person who participated in the public hearing or who submitted comments during the public comment period at any time prior to issuance of the decision.
After administrative appeals proceedings for any related entitlement permit have terminated, for a Shoreline Conditional Use Permit and a Shoreline Variance, the Administrator shall, pursuant to RCW 90.58.140 and WAC 173-27-130, file with the department, mail a copy of the Technical Committee report, permit decision, transmittal sheet, and shoreline checklist to the applicant, Department of Ecology, and the State of Washington’s Office of the Attorney General. The permit shall state that construction pursuant to a permit shall not begin or be authorized until 21 days from the date the permit decision was filed as provided in RCW 90.58.140(6); or until all review proceedings are terminated if the proceedings were initiated within 21 days from the date of filing as defined in RCW 90.58.140(5) and (6). “Date of filing” is that date that the Department of Ecology received a copy of the decision.
Appeals of Shoreline Conditional Use Permits or Shoreline Variances shall be to the State Shoreline Hearings Board and shall be filed within 21 days of the receipt of the City’s decision by the Department of Ecology, as set forth in RCW 90.58.180.
(d) Special Requirements.
(i) For Shoreline Substantial Development Permits, no final action or construction shall be taken until 21 days after notice of the final action taken by the City is filed with the Department of Ecology.
Construction and activities authorized by a Shoreline Substantial Development Activity are subject to the time limitations under WAC 173-27-190, Permits for substantial development, conditional use, or variance, and under WAC 173-27-090, Time requirements of permit, apply.
(ii) For Shoreline Conditional Use Permits and Shoreline Variances, no final action or construction shall be taken until all review proceedings initiated within 21 days from the date DOE transmits its decision on the Shoreline Conditional Use Permit or Shoreline Variance.
Construction and activities authorized by a Shoreline Conditional Use Permit or Shoreline Variance are subject to the time limitations under WAC 173-27-190, Permits for substantial development, conditional use, or variance, and under WAC 173-27-090, Time requirements of permit.
(7) Decision Criteria. All applications including exemptions shall comply with WAC 173-27-140, as amended.
(a) Shoreline Exemptions. Types of developments outlined in RCDG 20D.150.200-030(3) are exempt from the requirements of a Shoreline Substantial Development Permit but shall comply with the state Shoreline Management Act, the City’s Shoreline Master Program, and all other policies, plans, codes and regulations of the City.
Decisions of Shoreline Exempt Status. Letters of Shoreline Exempt Status, issued under RCDG 20D.150.200-030(3) for activities or development requiring permits listed under WAC 173-27-050(1)(a) or (b) shall be mailed to the Department of Ecology. The applicant is responsible for determining and disclosing in the Joint Aquatic Resources Permit Application whether permits listed under WAC 173-27-050(1)(a) or (b) are required.
(b) Shoreline Substantial Development Permit. Shoreline Substantial Development Permit applications shall be reviewed pursuant to WAC 173-27-150. Special review criteria are provided in Chapter 20D.150 RCDG, Shoreline Master Program. In addition, all projects must be consistent with Redmond Shoreline Master Program policies.
(c) Shoreline Conditional Use Permit. Uses which are not classified or set forth in the master program or use regulations may be allowed, provided the applicant can demonstrate that they meet the criteria outlined in WAC 173-27-160.
(d) Shoreline Variance. Relief may be granted from specific provisions of the Shoreline Master Program or shoreline use regulations, provided the applicant can demonstrate that the variance will meet the criteria outlined in WAC 173-27-170.
(8) Modification or Addition to an Approved Project or Decision. Revisions to a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or a Shoreline Variance shall be governed by WAC 173-27-100, Revisions to permits.
(9) Termination of Approval. Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and Shoreline Variances shall be subject to WAC 173-27-090, Time requirements of permit apply. (Ord. 2486)
20D.150.200-040 Annexation of Shorelines.
The City may adopt shoreline environment predesignations for shorelines located outside of city limits but within the urban growth area. In the event of annexation of a shoreline not predesignated in the shoreline master program, the City shall develop or amend shoreline policies and regulations to include the annexed area. Such policies and regulations for annexed areas shall be consistent with Chapter 90.58 RCW and Chapter 173-26 WAC and shall be submitted to the Department of Ecology for approval. (Ord. 2486)