Chapter 18.05
INTRODUCTION
Sections:
18.05.020 Governing principles.
18.05.060 Relationship to other plans and regulations.
18.05.070 Liberal construction.
18.05.010 Purpose and intent.
The purpose of the Shoreline Master Program is:
A. To guide the future development of shorelines in the City of University Place in a positive, effective, and equitable manner consistent with the Washington State Shoreline Management Act of 1971 (Act), as amended (Chapter 90.58 RCW).
B. To promote the public health, safety, and general welfare of the community by providing long-range, comprehensive policies and effective, reasonable regulations for development and use of University Place’s shorelines; and
C. To ensure, at minimum, no net loss of shoreline ecological functions and processes and to plan for restoring shorelines that have been impaired or degraded by adopting and fostering the policy contained in RCW 90.58.020, Legislative Findings for shorelines of the State.
(Ord. 652 § 1 (Exh. A), 2015).
18.05.020 Governing principles.
A. The goals, policies and regulations of this Shoreline Master Program are based on the governing principles in the Shoreline Master Program Guidelines, WAC 173-26-186 and the policy statement of RCW 90.58.020.
B. In implementing the objective of RCW 90.58.020 for shorelines of Statewide significance, the City will base decisions in preparing and administering this Shoreline Program on the following principles, in order of priority:
1. Recognize and protect the Statewide interest over local interest;
2. Preserve the natural character of the shoreline;
3. Support actions that result in long-term benefits over short-term benefits;
4. Protect the resources and ecology of the shoreline;
5. Increase public access to publicly owned areas of the shoreline;
6. Increase recreational opportunities for public on the shoreline;
7. Provide for any other element as defined in RCW 90.58.100 as deemed appropriate.
C. Any inconsistencies between this Shoreline Program and the Act must be resolved in accordance with the Act.
D. The policies of this Shoreline Program may be achieved by diverse means, one of which is regulation. Other means authorized by the Act include but are not limited to the following: acquisition of lands and/or easements by purchase or gift, incentive programs, and implementation of capital facility and/or nonstructural programs.
E. Regulation of private property to implement Shoreline Program goals such as public access and protection of ecological functions and processes must be consistent with all relevant constitutional and other legal limitations. These include, but are not limited to, civil rights guaranteed by the U.S. and State constitutions, recent Federal and State case law, and State statutes, such as RCW 34.05.328 and 43.21C.060 and Chapter 82.02 RCW.
F. Regulatory or administrative actions contained herein must be implemented consistent with the Public Trust Doctrine and other applicable legal principles as appropriate and must not unconstitutionally infringe on private property rights or result in an unconstitutional taking of private property.
G. The regulatory provisions of this Shoreline Program are limited to shorelines of the State, whereas the planning functions of this Shoreline Program may extend beyond the designated shoreline boundaries.
H. The policies and regulations established by this Shoreline Program will be integrated and coordinated with those policies and rules of the University Place Comprehensive Plan and development regulations adopted under the Growth Management Act (GMA).
I. The policies and regulations of this Shoreline Program are intended to protect shoreline ecological functions by:
1. Requiring that current and potential ecological functions be identified and understood when evaluating new or expanded uses and developments;
2. Requiring adverse impacts to be mitigated in a manner that ensures no net loss of shoreline ecological functions. Mitigation, as defined in UPMC 18.10.020, shall include avoidance as a first priority, followed by minimizing, and then replacing/compensating for lost functions and/or resources;
3. Ensuring that all uses and developments, including preferred uses and uses that are exempt from a shoreline substantial development permit, will not cause a net loss of shoreline ecological functions;
4. Preventing, to the greatest extent practicable, cumulative impacts from individual developments;
5. Fairly allocating the burden of preventing cumulative impacts among development opportunities; and
6. Including regulations and regulatory incentives to restore shoreline ecological functions where such functions have been degraded by past actions.
(Ord. 652 § 1 (Exh. A), 2015).
18.05.030 Title.
This document shall be known as the University Place Shoreline Master Program (“Shoreline Program”).
(Ord. 652 § 1 (Exh. A), 2015).
18.05.040 Adoption authority.
This Shoreline Master Program is adopted under the authority granted by Chapter 90.58 RCW and Chapter 173-26 WAC.
(Ord. 652 § 1 (Exh. A), 2015).
18.05.050 Applicability.
A. All proposed uses and development occurring within shoreline jurisdiction shall comply with this Shoreline Program and Chapter 90.58 RCW, Shoreline Management Act (Act). This Shoreline Program applies to all uses and developments within shoreline jurisdiction whether or not a shoreline permit or statement of permit exemption is required.
B. This Shoreline Program shall apply to all of the lands and waters in the City of University Place that fall under the jurisdiction of the Act (see Chapter 18.20 UPMC, Shoreline Jurisdiction and Designations).
C. This Shoreline Program shall apply to every person, individual, firm, partnership, association, organization, corporation, local or State governmental agency, public or municipal corporation, or other non-Federal entity which develops, owns, leases, or administers lands, wetlands, or waters that fall under the jurisdiction of the Act.
D. Federal agency actions on shorelines of the State are required to be consistent with this Shoreline Program and the Act, as provided by the Coastal Zone Management Act (Title 16 USC Section 1451 et seq.; and WAC 173-27-060(1), Applicability of Chapter 90.58 RCW, Shoreline Management Act, to Federal lands and agencies).
E. The permit requirements established under this Shoreline Program apply to non-Federal activities undertaken on lands subject to non-Federal ownership, lease or easement; and to development and uses undertaken on lands not Federally owned but under lease, easement, license, or other similar property right of the Federal government.
(Ord. 652 § 1 (Exh. A), 2015).
18.05.060 Relationship to other plans and regulations.
A. Uses, developments and activities regulated by this Shoreline Program may also be subject to the provisions of the City of University Place Comprehensive Plan, the University Place Municipal Code (UPMC), the Chambers Creek Properties Master Site Plan, the Washington State Environmental Policy Act (SEPA, Chapter 43.21C RCW and Chapter 197-11 WAC), and various other provisions of local, State and Federal law.
B. The specific provisions of UPMC Titles 13, 14, 17, 19, 21 and 22 shall apply when not specifically addressed by the Shoreline Program’s development regulations. With the exception of UPMC Title 17 (Critical Areas), all other referenced code provisions may apply to projects subject to shoreline regulations but are not considered part of this Shoreline Program. See also UPMC 18.25.070(D).
C. Any conflicts between this Shoreline Program and other relevant Federal, State, or local regulations are resolved in favor of the regulation that is most protective of the shoreline ecological functions.
D. Project proponents are responsible for complying with all applicable laws prior to commencing any use, development or activity.
E. Where this Shoreline Program makes reference to any RCW, WAC, or other State or Federal law or regulations, the most recent amendment or current edition shall apply.
(Ord. 652 § 1 (Exh. A), 2015).
18.05.070 Liberal construction.
As provided for in RCW 90.58.900, the Act is exempt from the rule of strict construction. The Act and this Shoreline Program shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the Act and this Shoreline Program were enacted and adopted, respectively. Provisions shall be broadly applied to achieve their purpose rather than restrictively or technically applied according to strict terms.
(Ord. 652 § 1 (Exh. A), 2015).
18.05.080 Severability.
The Act and this Shoreline Program adopted pursuant thereto comprise the basic State and City regulations for the use of shorelines in the City. In the event the provisions of this Shoreline Program conflict with other applicable City policies or regulations, the more restrictive shall prevail. Should any section or provision of this Shoreline Program be declared invalid, such decision shall not affect the validity of this Shoreline Program as a whole.
(Ord. 652 § 1 (Exh. A), 2015).
18.05.090 Effective date.
This Shoreline Program and all amendments thereto shall become effective 14 days from the date of “final action” by the Washington State Department of Ecology.
(Ord. 652 § 1 (Exh. A), 2015).