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Home My WebLink About1 - Pre-applicationPRE16-00039 Pre Application Conference Karl and Cindi Anderson New Single Family Residence with Shoreline Variance Meeting Date: County Attendees: Dept. of Ecology Attendees: Owner/Applicant: Parcel: Friday, January 13th, 2017. 1:00 PM, 401 Griffith Point Road. Pat Hopper—Assistant Planner Rick Mraz Karl Anderson 401 Griffith Point Road Nordland, WA, 98358 021324004 Description of Proposal: Construct a New Single Family Residence. Requesting a shoreline variance from the 150 foot shoreline Fish and Wildlife Habitat Conservation Area buffer to 45 feet. Development Review Division Land Use: • Zoning — Rural Residential 1— 5 • SEPA — Exempt: WAC 197-11-800 (1) (b) (i) Shoreline Master Plan: • Shoreline Environmental Designation: Shoreline Residential • Application will be processed as a type III Shoreline Variance. o Jefferson County Code (JCC) table 18.25.220 —SFR is Permitted Use o Shoreline Variances are subject to criteria, 30 day public notice, written public comment and public hearing procedure. • The applicant must show compliance with the following: o General Policies and Regulations of Article VI —JCC Chapter 18.25 o Critical Areas, Shoreline Buffers, and Ecological Protection —18.25.270 o Shoreline Setbacks and Height —18.25.300 o Vegetation Conservation —18.25.310 o Article VIII — Use Specific Policy and Regulations —JCC Chapter 18.25 o Residential —18.25.500 o Article IX — Permit Criteria and Exemptions — JCC Chapter 18.25 o Variance Permit Criteria —18.25.580 o Article X — Administration and Enforcement —JCC Chapter 18.25 o Permit Application Review -18.25.620 o Minimum Permit Application Review —18.25.630 o Final Approval of Shoreline Variance Permits are done by the Washington State Department of Ecology. Critical Areas: • Stable Shoreline Slope Stability • Fish and Wildlife Habitat Conservation Area — A No Net Loss Report with mitigation areas identified, prepared by a Qualified Biologist will be required to satisfy JCC 18.25.270(2) — Regulations: No Net Loss and Mitigation, as well as JCC 18.22 Article VI Fish and Wildlife Habitat Conservation Areas, to ensure no net loss of shoreline functions. • Seismic Hazard Area — No impact to critical area expected. • Special Aquifer Recharge Protection Area (SARPA) — No impact to critical area expected. • High Risk SIPZ (Seawater Intrusion Protection Zone) — No impact to critical area expected. All stormwater shall be required to be infiltrated on site. Application and Fees for a Complete Application Complete Shoreline Substantial Development Application Includes the Following: • Shoreline Development Supplemental Application • Variance Permit Criteria Submission • Residential/Commercial Building Application/Packet ■ No Net Loss Report prepared by a Qualified Biologist that satisfies JCC 18.25.270 No Net Loss and Mitigation and 18.22 Article VI Fish and Wildlife Habitat Conservation Areas. • Site Plan with Mitigation Area Identified • Stormwater Calculation Sheet • Fees: Shoreline Variance — $2,219.00 due at submittal of permit application. o $1,890.00 — Base o $149.00 — Notice of Application o $149.00 — Notice of Hearing o $10.00 — Notice Board o $21.00 —Scanning Fee Other Regulatory/Land Use Considerations • This project must comply with the Shoreline Management Act ■ This project must receive approval from the Washington State Department of Ecology. Pre Application Meeting Limits: JCC 18.40.090 (5) Assurances Unavailable. It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information provided by the administrator shall not bind or prohibit the county's future application or enforcement of all applicable laws and regulations. No statements or assurances made by county representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of county, state and federal codes, laws, regulations and land use plans. [Ord. 3-13 § 1] LEGEND (D) 10' No Build Soil Log — — — — Building Envelope ------------- Setback 100% RESERVE AREA -. Existing Septic — Component > 2,100 SQFT Tree (A) Clean Out (B) Septic Tank (C) Filter Sock (D) Pump Tank (E) Manifold PROPERTY LINES BASED ON BASEMAP DRAWING Y � HENRY M. SOUZA AIBD 10-21-09 CONTOUR LINES SOURCED FROM. r i �_ � Jefferson County Central Services GIS Mapping: l • pEc 1 2 2016 � 100' WELL SETBACK }Lt F[SU�WN nilS EXISTING NEIGHBORING WELL A C,LfV tj EXISTING SHEDS 100' SETBACK FROM WELL @ NEXT PARCEL. 290.08' PROPERTY LINE PROPOSED - WATER LINE EXISTING DRIVEWAY (Section To Be Removed) T SIDE rPROPOSED lSETBACK DRIVEWAY ■■■■■■ SECTION `--- ..------------- APPROX.TOP OF BANK @ t5ELEV.�, ✓ - . NOSr, 30 SETBACK FROM TOP OF BANK 6` I SL2 SL B �pCi 2% (E) *" (B) Ir ` 1 LD Y SIDE SETBACK( APPROX. LOCATION EXISTING OF EXISTINGPOWER POLE-- r1( STRUCTURE .--/ V L',� 13 7-4-00 4 20' ACCESS EASEMENT TO NEIGHBOR WATER METER APPROXIMATE WELL LOCATION (TO BE DECOMMISSIONED) SCALE: 1 '= 30' THIS IS NOT A SURVEY 276.00' PROPERTY LINE (D) (2) 50' LATERALS SEE SEP 76-229 100% RESERVE AREA -. — > 2,100 SQFT EXISTING OUTHOUSE 100% PRIMARY AREA — APPROX. LOCATION OF 31.827'x73.725' EXISTING SEPTIC TANK PRESSURE MOUND (TO BE DECOMMISSIONED) 100' SETBACK FROM WELL to 'L , r � O� � 01, \ 5 'p0 20' EASEMENTAT LOT 4 Nathan Cleaver Septic 'Design, Inc, Phone: (360) 598-6546, Fax: 360-598-6548 262 NW Thompson Road, Poulsbo, WA 98370 E-mail: nathan@nathancleaver.com CUSTOMER: KARL ANDERSON TAX ID #: 021-324-004 LOCATION: 401 GRIFFITHS POINT ROAD NORDLAND, WASHINGTON 98358 DRAWN BY: WS, NNC, ICS DESIGN BY: NATHAN N. CLEAVER DATE: 22 OCT 2009, REV: 4 DEC 2015, REV: 6 JUN 2016, REV: 19 AUG 2016 LEGEND LOCATION: 401 GRIFFITHS POINT ROAD 10' No Build Soil Log ---- Building Envelope ---------- Setback WS, NNC, ICS Existing Septic Component NATHAN N. CLEAVER Tree (A) Clean Out (B) Septic Tank (C) Filter Sock (D) Pump Tank (E) Manifold r r , PROPERTY LINES BASED ON BASEMAP DRAWING BY.- HENRY Y:HENRY M. SOUZA AIBD 10-21-09 CONTOUR LINES SOURCED FROM: Jefferson County Central Services GIS Mapping 100' WELL SETBACKCA (�4 , S\ EXISTING NEIGHBORING WELL 4 PROPOSED 4 WATER LINE 1, 20'ACCESS EASEMENT` ju p TO NEIGHBOR EXISTING DRIVEWAY \ t WATER METER ti 100' SETBACK FROM (Section To Be Removed) f EXISTING SHEDS WELL @ NEXT PAPCEL ` SCALE: I"= 30 THIS IS NOT A SURVEY Af\ 5 SIDE PROPOSED � APPROXIMATE WELL /SETBACK DRIVEWAY LOCATION (TO BE 4 � 290.08' PROPERTY LINE SECTION DECOMMISSIONED) � - 100'SETBACK Ylr z FROM WELL APPROX.TOP OF BANK ±ELEV.-• 5' -- Lot 5 ' 1 , 30' SETBACK FROM TOP OF BANK— �pt� 0�� `��[ SLI �, SL2 \ r ;1 SLB t � .�. �� ---�-- ±26,493 SQFT ',e �$�0 �i � {F) yA .y�� S Ot<` �, X50 ST301IE .., c / G y j �.. (B) " ! ,� �0 ' \j 1� I 276.00' PROPERTY LINE ' (D)� Y SIDE 20' EASEMEN T AT t "' SETBACK (2) 50' LATERALS 1 o LOT 4 SEE SEP 76-229 ti APPROX. LOCATION EXISTING 100% RESERVE AREA! OF EXISTING POWER POLE EXISTING > 2,100 SQFT `t STRUCTURE OUTHOUSE Nathan Cleaver Septic 'Design, Inc. 100% PRIMARY AREA Phone: (360) 598-6546, Fax: 360-598-6548 APPROX. LOCATION Of' 31.827'x 73.725' 262 NW Thompson Road, Poulsbo, WA 98370 EXISTING SEPTIC TANKE-mail: nathan@nathancleaver.com V ` AUG 3 1 2016 U JEFFERSON COUNTY DEPT OF COMMUNITY DE1'ELOPMIENT TO BE DECOMMISSIONED PRESSURE MOUN D ( ) CUSTOMER: KARL ANDERSON TAX ID #: 021-324-004 LOCATION: 401 GRIFFITHS POINT ROAD NORDLAND, WASHINGTON 98358 DRAWN BY: WS, NNC, ICS DESIGN BY: NATHAN N. CLEAVER DATE: 22 OCT 2009, REV: 4 DEC 2015, REV: 6 JUN 2016, REV: 19 AUG 2016 \ 1 Up Front Parcel Review Parcel 021324004 -- Printed: January 10, 2017 Site Add KARL ANDERSON tva(, 401 GRIFFITHS POINT ROAD40 1 G RIFFITHS POINT RD NORDLAND WA 98358 I NORDLAND, WA 98358 Parcel Number: 021324004 S -T -R: 32 -30N -IE Total Acreage 1 Legal Description S32 T30 RIE TAX 5 (TRACT 2) WITH EASEMENT T.L. Land Use: 9800 ADJ Flood District: Fire District: Planning -epi: Flood Map (FIRM) Panel No: School District 49 Zoning: COMP PLAN DESIGNATION: COMMUNITY PLAN: UGA:_ UGA Trans [ Plot plan states "property line" Assessor's Map (Property lines bmitted plot plan must match the property lines as identified on the Assessor's 1/4 map) [ Legal Access to Property KEES NO [' } Parcel Tags or Scanned Documents Y1 [ ESA's: Special Reportearby YES Designated Ag YES [3� Shoreline Designation: YE NO Q i l w )�_ [ Shoreline Slope Stability: ES NO1 , Stream Type:YES NO FWHCA: ES NO ,V , Wetlands: NO - , D t,�r r4nf 5�r Z9 Rare Plants:YES N� Seismic: ES NO Landslide: YES Flood: YES Erosion: YES NO Aquifer Recharge Area: NO SIPZ: none At Risk Qigh Ri Coastal CMZ: none High Risk Moder• iskDisconnected CMZ Stormwater plan su 'tted: Ye No r� Forest Lands: YES 07 Adjoining Forest Lands: _ Mineral Lands: YES Agricultural Lands: YES Archaeology: YES NO No Shooting Zone: YES Commercial/ Rural/ Inhold i Stormwater: New Impervious Surface Land Disturbing Activity ESA's Stormwater Req's: Min Req #2 Min Req #1 thru #5 Min Req #1 thru #10 Engineering Notice Provisions/Disclosure: Airport YMRL YEs Forest Lands YE5 ES Nt� N Landscaping Required: YesNo Parking Spaces Re ired NO 2 Other Building Heieht: 35 UBC Standard [ Impervious Surface coverage percentage: Resource Lands & Public: 10% Rural Residential: 25% Rural Industrial: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building Coverage: 60% in Rural Industrial Lands only [ A,-,] Total Building (s) Size: RVC: 20,000 SF CC: 5,000 SF NC: 7,500 SF GC: 10,000 SF All others: subject to septic & water constraints/None specified [ %] Setbacks: Front: Left Side: Right Side: Rear: Shoreline Setback: LSHA Setback: [ X] Road Classification: o %kr Cv Lc+d- OW ,-,i 6/6-S Road Approach: EXISTING OT RE RAP [ ] SEPA Required: YES EXEMPT [ - � [X. Flood Certificate: 1 f [XT Existing Case Lac Condition(s): Violations:es No S — `r0ce f e- SAV,,, Recorded Date of Subdivision: We AFN yyjp & Over 5yrs=UDC Plat Conditions: c5yrs=Plat Conditions on plat or Old Ordinance Lots/Require Declaration of Restrict' � venant YE N submitted: YES NO UGA No Protest Agreemen YE �, submitted: ICES NO Site Visit conducted E� Require Final Zoning pprov ES Q [ ] ADMIN: Setbacks entered in Permit Plan case N/ S ` ' __. New Parcel Tags entered in 1'erman NI �YF Special Reports Scanned No parcel tags found for parcel Cases Associated with APN 021324004 Review Cases Name Tvpe Status Planner CAM16-00593 ANDERSON NA M Donna Frostholm Application Received: 12/7/2016 Permit Issued/Case closed: 12/7/2016 Case Finaled: construction of sfr along shoreline ooreline M LA09-00360 ZON09-00119 MLA09-00360 ANDERSON I E Donna Frostholm Application Received: 10/22/2009 Permit Issued/Case closed: 6/16/2010 Case Finaled: Site Plan Approval Advance e ermination (SPAAD) for single-family reesl�denflal development. OTH10-00010 ANDERSON CLS Application Received: 1/13/2010 Permit Issued/Case closed: Case Finaled: WET SEAS EVAL PRE16-00039 ANDERSON P Patrick Hopper Application Received: 12/13/2016 Permit Issued/Case closed: Case Finaled: NSFR w/ setback variance o T� IWM SEP16-00099 ANDERSON A Patrick Hopper Application Received: 6/16/2016 Permit Issued/Case closed: 10/11/2016 Case Finaled: SEP76-00229 ANDERSON V Application Received: 9/15/1976 Permit Issued/Case closed: 12/22/1976 Case Finaled: 2/4/2009 filed w/ SEP16-99 a comp e e new system SOM76-00229 ANDERSON VIO Application Received: 6/11/2015 Permit Issued/Case closed: Case Finaled: copy from owner USR16-00035 ANDERSON DC Application Received: 9/26/2016 Permit Issued/Case closed: 10/11/2016 Case Finaled: M DECOMMISSIONING XMP90-00031 ANDERSON E Application Received: 7/16/1990 Permit Issued/Case closed: 7/16/1990 Case Finaled: PROPOSAL: The proposa�T�construct 100 feet of rip rap shore e erg nark for erosion protection. \\tidemark\data\forms\R_Parcel_CRMLA.rpt 1/10/2017 Page 2 of w a) t F- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0_ o 0 0 0 0 0 O O O O o O O O O O O0 _ O O O O op O0 O O 0 _ o O O O O 0 0 0 0 0 0 0 0 0 0 0 0 m (Ji M M ai of ai ai o m 0 a m 4-, `-I CO N lD -t N N N n n Co lD O U) -i w w lD w N N -1 0 O 4.1 Ln m C) '� m O I'- a lD 01 m In Lr In m a .1 00 O � d vi In Ln v) M m V M O 00 O lD m m O o er, --I N N N r -4N N N N N m vw m M m m m a) m �"� F- m In N �"� N c-1 i/} e M V) L� U} in {n AR in V) in in Vn to v} 4J? i/} v? is v} V), v} in v} v1 d0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 n a o a 0 0 0 a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 Q 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 Q 0 Q o 0 o Q o Lr) 0 Ln 0 It 0 V) Lt In II) II) Lf) Lr) W In Ln In V) In In U) U) W 1n W lf1 lf) In W W V zt V V 1* V V V 't V zT V V V V V a- V), h, vT CL yn in .n +n .n .n +n ..} yr {n u* d +n in ... +n +n .n in i .� +n a CL /) in a CL a 0 0 0 0 0 0 0 0 0 0 0 0 0 2 o 0 0 0 0 0 0 0 0 o Z o Z 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 0 0q 0 0 0 0 0 0 0 0 0 0 Z 0 0 0 0 Q V N N N N N N" N N N V N N N N N N N N N Nu N V N N N V N N N N V) V) v} v) In L} V} i/} VT In in In VI {/} 0 0 0 0 0 0 0 0 0 0 0 0 00 0 o O o 0 0 0 0 o O o o 0 0 0q 0q 0q 0 0 0 m o 0 0 0 0 0 0 0 0 o CO m o 0 o m m 0 0 0 0 0 0 0 0 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 Z 0 0 0 Z Z +n -i V1 ,--i vT H v} r -I to --1 .n . 4 In. 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(4) Whenever the exempt activity also requires a U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899 or a Sec- tion 404 permit under the Federal Water Pollution Control Act of 1972, a copy of the written state- ment of exemption shall be sent to the appli- cant/proponent and Ecology pursuant to WAC 173-27-050. [Ord. 7-13 Exh. A (Art. IX § 4)] o v) G�kll� kGy��a,5 18.25.590 taw 0 s � � (d) That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimurn necessary to afford relief; (� (e) That the public interest will suffer no substantial detrimental effect; (f) That the public rights of navigation and ftti use of the shorelines will not be materially inter- fered with by the granting of the variance; and (g) Mitigation is provided to offset unavoid- tttLa44 tW able adverse impacts caused by the proposed development or use. "'��'�' (4) In the granting of all variances, consider- ation shall be ,given to the cumulative environmen- tal impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar cir- kpO\A cumstances exist, the total of the variances should also remain consistent with the policies of RCW 90.58.020 and should not produce significant adverse effects to the shoreline ecological func- tions and processes or other users. (5) Other factors that may be considered in the review of variance requests include the conserva- tion of valuable natural resources and the protec- tion of views from nearby roads, surrounding properties and public areas. In addition, variance requests based on the applicant's/proponent's desire to enhance the view from the subject devel- opment may be granted where there are no likely detrimental effects to existing or future users, other features or shoreline ecological functions and/or processes, and where reasonable alternatives of equal or greater consistency with this program are not available. In platted residential areas, variances shall not be granted that allow a greater height or lesser shore setback than what is typical for the immediate block or area. (6) Permits and/or variances applied for or approved under other county codes shall not be construed as shoreline permits under this program. [Ord. 7-13 Exh. A (Art. IX § 5)] 18.25.590 Conditional use permit criteria. (1) The purpose of a conditional use permit is to allow greater flexibility in administering the use regulations of this program in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the county or the Depart- ment of Ecology to control any undesirable effects of the proposed use. Final authority for conditional use permit decisions rests with the Department of Ecology. 18-168.51 (Revised 3/14) 18.25.580 Variance permit criteria. (1) The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in this program where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this program would impose unnecessary hardships on the appli- cant/proponent or thwart the policies set forth in RCW 90.58.020. Use restrictions may not be var- ied. In authorizing a variance, special conditions may be attached to the permit by the county or the Department of Ecology to control any undesirable effects of the proposed use. Final authority for vari- ance permit decisions shall be granted by the Department of Ecology.. (2) Variances will be granted in any circum- stance where denial would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances extraordinary circumstances shall be shown and the public interest shall suffer no sub- stantial detrimental effect. (3) Variances may be authorized, provided the applicant/proponent can demonstrate all of the fol- 4011-11 lowing: (a) That the strict application of the bulk or W) 7 dimensional criteria set forth in this program pre - interferes T" cludes or significantly with a reasonable permitted use of the property; (b) That the hardship described above is specifically related to the property, and is the result of conditions such as irregular lot shape, size, or natural features and the application of this pro- gram, and not, for example, from deed restrictions or the applicant's/proponent's own actions; �7 (c) That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects on adjacent Qr' properties or the shoreline environment; o v) G�kll� kGy��a,5 18.25.590 taw 0 s � � (d) That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimurn necessary to afford relief; (� (e) That the public interest will suffer no substantial detrimental effect; (f) That the public rights of navigation and ftti use of the shorelines will not be materially inter- fered with by the granting of the variance; and (g) Mitigation is provided to offset unavoid- tttLa44 tW able adverse impacts caused by the proposed development or use. "'��'�' (4) In the granting of all variances, consider- ation shall be ,given to the cumulative environmen- tal impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar cir- kpO\A cumstances exist, the total of the variances should also remain consistent with the policies of RCW 90.58.020 and should not produce significant adverse effects to the shoreline ecological func- tions and processes or other users. (5) Other factors that may be considered in the review of variance requests include the conserva- tion of valuable natural resources and the protec- tion of views from nearby roads, surrounding properties and public areas. In addition, variance requests based on the applicant's/proponent's desire to enhance the view from the subject devel- opment may be granted where there are no likely detrimental effects to existing or future users, other features or shoreline ecological functions and/or processes, and where reasonable alternatives of equal or greater consistency with this program are not available. In platted residential areas, variances shall not be granted that allow a greater height or lesser shore setback than what is typical for the immediate block or area. (6) Permits and/or variances applied for or approved under other county codes shall not be construed as shoreline permits under this program. [Ord. 7-13 Exh. A (Art. IX § 5)] 18.25.590 Conditional use permit criteria. (1) The purpose of a conditional use permit is to allow greater flexibility in administering the use regulations of this program in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the county or the Depart- ment of Ecology to control any undesirable effects of the proposed use. Final authority for conditional use permit decisions rests with the Department of Ecology. 18-168.51 (Revised 3/14) Jefferson County Code (p) Seek remedies for alleged violations of this master program, the provisions of the Act, or of conditions of any approved shoreline permit issued by the county; (q) Coordinate information with affected agencies; and (r) Forward any decision on any permit application to the Washington State Department of Ecology for filing or action. (2) Hearing Examiner. The hearing examiner is vested with the authority and responsibility to: (a) Approve, condition, or deny shoreline substantial development permits, variance permits and conditional use permits after considering the findings and recommendations of the administra- tor; (b) Decide local administrative appeals of the administrator's actions and interpretations, as provided in this program and the county Unified Development Code; (c) Consider shoreline substantial develop- ment permit, variance permit and conditional use permit applications and administrative appeals of the administrator's actions on regular meeting days or public hearings; (d) Review the findings and recommenda- tions for permit applications or appeals of the administrator's actions and interpretations; (e) Approve, approve with conditions, or deny substantial development permits, variance permits and conditional use permits; (f) Conduct public hearings on appeals of the administrator's actions, interpretations and decisions; (g) Base all decisions on shoreline permits or administrative appeals on the criteria established in this master program; and (h) At his or her sole discretion, require any project proponent granted a shoreline permit to post a bond or other acceptable security with the county, conditioned to assure that the project pro- ponent and/or his or her successors adhere to the approved plans and all conditions attached to the shoreline permit. Such bonds or securities shall have a face value of at least 150 percent of the esti- mated development cost including attached condi- tions. (3) Board of Commissioners. (a) The Jefferson County board of county commissioners (the BOCC) is vested with the authority to approve any revisions or amendments to this master program in accordance with the applicable requirements of the Act and the Wash- ington Administrative Code. 18.2 5.62 0 (b) The BOCC shall review and act upon any recommendations of the shoreline administra- tor for amendments to, or revisions of, this master program. The BOCC shall enter findings and con- clusions setting forth the factors it considered in reaching its decision. To become effective any amendment to this master program must be reviewed and adopted by the Department of Ecol- ogy pursuant to RCW 90.5 8.190 and Chapter 173- 26 WAC. [Ord. 7-13 Exh. A (Art. X § 1)] 18.25.620 `Permit application review. (1) Determinations of the administrator regard- ing the geographic applicability of this master pro- gram, permit exemptions and application submittal requirements shall be processed as Type I deci- sions pursuant to Chapter 18.40 JCC. (2) Applications for substantial development permits and variance permits shall be processed as Type III decisions pursuant to the Chapter 18.40 JCC. (3) Applications for uses/development listed as an administrative conditional use permit (i.e., "C(a)") in Table 18.25.220 shall be processed according to the procedures for Type 1I land use decisions established in Article N of Chapter 18.40 JCC. (4) Applications for uses/developments listed as discretionary conditional use permits (i.e., "C(d)") in Table 18.25.220 shall, at a minimum, be processed according to the procedures for Type II land use decisions established in Article IV of Chapter 18.40 JCC. However, in accordance with Chapter 18.40 JCC, the administrator may on a case-by-case basis refer a discretionary conditional use permit application to the hearing examiner to be processed according to the procedures for Type III land use decisions established in Article IV of Chapter 18.40 JCC. (5) All amendments to this master program shall be processed as Type V decisions pursuant to Chapter 18.40 JCC. (6) Whenever the administrator issues a deter- mination or recommendation and/or conditions of approval on a proposal which will result in the denial or substantial alteration of a proposed action, such determinations will be provided in writing stating the relationship(s) between the eco- logical factors, the proposed action and the condi- tion(s). [Ord. 7-13 Exh. A (Art. X § 2)] 18-168.53 (Revised 3/14) 18.25.630 18:25.630 Min imtim.,pprm)it application ' requirements. A complete application for a substantial devel- opment, conditional use, or variance permit shall contain, as a minimum, all of the information required in any applicable section of this program, all of the information required in JCC 18.40.100, and any other information the administrator deems pertinent, including at a minimum: (1) The name, address and phone number of the applicant/proponent, applicant's representative, and/or property owner if different from the appli- cant/proponent. (2) The property address and identification of the section, township and range to the nearest quar- ter, quarter section or longitude and latitude to the nearest minute. (3) The name of the shoreline (water body) that the site of the proposal is associated with. (4) A general description of the property as it exists at the time of application including its use, physical and ecological characteristics, improve- ments and structures. (5) A general description of the project vicinity including adjacent uses, structures and improve- ments, development intensity, and physical charac- teristics. (6) A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties. (7) A site plan and/or engineered drawings identifying existing conditions consisting of photo- graphs, text, maps and elevation drawings, drawn to an appropriate scale to clearly depict all required information. (8) Location of the ordinary high water mark of all water bodies within or adjacent to the project boundary. For any development that requires a pre- cise location of the ordinary high water mark, the applicant/proponent shall provide a survey and describe the biological and hydrological basis for the location as indicated on the plans. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the ordinary high water mark of the adjacent shoreline. (9) Existing land contours at intervals sufficient to accurately determine the existing character of the property. Areas within the project boundary that will not be altered by the development may be indicated as such and contours approximated for that area. (10) Critical areas as designated in Chapter 18.22 JCC. (11) A general description of the character of vegetation found on the site. (12) A description of the existing ecological functions and processes affecting, maintaining, or influencing the shoreline at/near the project site. (13) The dimensions and locations of all exist- ing structures and improvements. (14) The dimensions and locations of all pro- posed structures and improvements including but not limited to buildings, paved or graveled areas, roads, utilities, septic tanks and drain fields, mate- rial stockpiles or surcharge, and stormwater man- agement facilities. (15) Proposed land contours overlain on exist- ing contours. The contours shall be at intervals suf- ficient to accurately determine the extent of proposed change to the land that is necessary for the development. Areas within the project bound- ary that will not be altered by the development may be indicated as such and contours approximated for that area. (16) A summary characterization of the effects of the project on existing ecological functions and processes in the vicinity of the project. If the proj- ect is likely to have adverse effects on shoreline ecological fimctions or processes, a mitigation plan shall be provided demonstrating measures that will be taken to offset impacts. (17) On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical fea- tures and circumstances on the property that pro- vide a basis for the request, and the location of adjacent structures and use. (18) The administrator may vary or waive the requirements in subsection (1) of this section on a case-by-case basis according to administrative application requirements. (19) Where other approvals or permits are required for a use or development that does not require an open record hearing, such approvals or permits shall not be granted until a shoreline approval or permit is granted. All shoreline approvals and permits shall include written find- ings prepared by the administrator documenting compliance with bulk and dimensional standards and other policies and regulations of this program. [Ord. 7-13 Exh. A (Art. X § 3 )] 18.25.640 Preapplication conferences. (1) Preapplication conferences are required in accordance with JCC 18.40.090(2) for projects including, but not limited to: (a) All Type Il and Type HI project applica- tions. (Revised 3/14) 18-168.54 Jefferson County Code (3) No statement of exemption shall be required for other exempt uses or developments unless the administrator has cause to believe a substantial question exists as to qualifications of the specific use or development for the exemption, or the administrator determines there is a likelihood of adverse impacts to shoreline ecological functions. (4) Whenever the exempt activity also requires a U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899 or a Sec- tion 404 permit under the Federal Water Pollution Control Act of 1972, a copy of the written state- ment of exemption shall be sent to the appli- cant/proponent and Ecology pursuant to WAC 173-27-050. [Ord. 7-13 Exh. A (Art. IX § 4)] 18.25.580 Variance permit criteria. (1) The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in this program where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this program would impose unnecessary hardships on the appli- cant/proponent or thwart the policies set forth in RCW 90.58.020. Use restrictions may not be var- ied. In authorizing a variance, special conditions may be attached to the permit by the county or the Department of Ecology to control any undesirable effects of the proposed use. Final authority for vari- ance permit decisions shall be granted by the Department of Ecology. (2) Variances will be granted in any circum- stance where denial would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances extraordinary circumstances shall be shown and the public interest shall suffer no sub- stantial detrimental effect. (3) Variances may be authorized, provided the applicant/proponent can demonstrate all of the fol- lowing: (a) That the strict application of the bulk or dimensional criteria set forth in this program pre- cludes or significantly interferes with a reasonable permitted use of the property; (b) That the hardship described above is specifically related to the property, and is the result of conditions such as irregular lot shape, size, or natural features and the application of this pro- gram, and not, for example, from deed restrictions or the applicant's/proponent's own actions; (c) That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects on adjacent properties or the shoreline environment; 18.25.590 V.(d) That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief, (e) That the public interest will suffer no substantial detrimental effect; (f) That the public rights of navigation and use of the shorelines will not be materially inter- fered with by the granting of the variance; and (g) Mitigation is provided to offset unavoid- able adverse impacts caused by the proposed development or use. (4) In the granting of all variances, consider- ation shall be given to the cumulative environmen- tal impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar cir- cumstances exist, the total of the variances should also remain consistent with the policies of RCW 90.58.020 and should not produce significant adverse effects to the shoreline ecological func- tions and processes or other users. (5) Other factors that may be considered in the review of variance requests include the conserva- tion of valuable natural resources and the protec- tion of views from nearby roads, surrounding properties and public areas. In addition, variance requests based on the applicant's/proponent's desire to enhance the view from the subject devel- opment may be granted where there are no likely detrimental effects to existing or future users, other features or shoreline ecological functions and/or processes, and where reasonable alternatives of equal or greater consistency with this program are not available. In platted residential areas, variances shall not be granted that allow a greater height or lesser shore setback than what is typical for the immediate block or area. (6) Permits and/or variances applied for or approved under other county codes shall not be construed as shoreline permits under this program. [Ord. 7-13 Exh. A (Art. IX § 5)] 18.25.590 Conditional use permit criteria. (1) The purpose of a conditional use permit is to allow greater flexibility in administering the use regulations of this program in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the county or the Depart- ment of Ecology to control any undesirable effects of the proposed use. Final authority for conditional use permit decisions rests with the Department of Ecology. 18-168.51 (Revised 3/14) Jefferson County Code (iii) Recreational development requiring extensive structures or substantial alterations to topography or native vegetation is prohibited. (d) Conservancy. Non -water -oriented recre- ation is prohibited. Low -intensity water -oriented recreational use and development is allowed sub- ject to policies and regulations of this program and the following criteria: (i) Structures on sites of one acre or less shall not result in more than five percent building coverage, and total impervious surface shall not exceed 10 percent. (ii) Structures on sites greater than one acre will not result in more than 10 percent build- ing coverage, and total impervious surface will not exceed 20 percent. (iii) Alteration of topography shall be limited to the minimum necessary to accommodate allowed use and development. (iv) Recreational use and development will not result in visitor patterns that degrade shoreline ecological functions. (e) Shoreline Residential. Water -oriented recreational use and development is allowed sub- ject to the policies and regulations of this master program. Non -water -oriented recreation may be allowed as a conditional use. (f) High Intensity. Water -oriented recre- ational use and development is allowed subject to the policies and regulations of this master program. Non -water -oriented recreation is prohibited. (3) Regulations. (a) Water -oriented recreational use/devel- opment is a preferred use of the shoreline and shall be allowed when the proponent demonstrates that it will not result in a net loss of shoreline ecological functions or processes or have significant adverse impact on other shoreline uses, resources and/or values such as navigation and public access. (b) Recreation areas or facilities on the shoreline shall provide physical or visual public access consistent with JCC 18.25.290 (Public access). (c) Underwater parks may be permitted when properly sited and associated with adequate access, restroom facilities and parking. Underwa- ter parks should be located adjacent to existing parks where feasible. (d) Non -water -oriented recreational facili- ties with playing fields or with extensive impervi- ous surfaces are not preferred, and if permitted shall incorporate best management practices (BMPs) to prevent erosion, control the amount of runoff and prevent harmful concentrations of 18.25.500 chemicals and sediment from entering water bod- ies. (e) New recreational use/development shall be located landward of the shoreline buffers required by this program except that components of the recreational use or development that are water -dependent or water -related may be allowed within the shoreline buffer. (f) Signs indicating the public's right to access shoreline areas shall be installed and main- tained in conspicuous locations at recreational facility points of access and entrances. (g) When a public recreation site abuts pri- vate property/tidelands, signs and other similar markers shall also indicate geographic limits of public access to minimize conflicts with adjacent use/development. (h) Where appropriate, recreational devel- opment proposals shall include provisions for non - motorized access to the shoreline (e.g., pedestrian, water access and bicycle paths). (i) Proposals for recreational use and devel- opment that involve any clearing, grading or impervious surface shall include a landscape plan that uses species approved by the county. Native, self-sustaining vegetation shall be used as often as possible. The removal of on-site native vegetation shall be limited to the minimum necessary for the development of campsites, selected viewpoints or other permitted structures or facilities and shall be subject to JCC 18.25.310 (Vegetation conserva- tion). 0) Proposals for recreational development shall include adequate facilities for water supply, sewage and garbage disposal, and recycling com- mensurate with the intensity of the proposed use. Remotely located sites shall encourage visitors to implement best management practices (BMPs) such as the tread lightly and leave no trace princi- ples of low impact recreation. (k) Recreational use and development shall incorporate appropriate mitigation to minimize light and noise impacts on adjoining land uses. Such measures shall include, but not be limited to, fencing, screening, and related measures. [Ord. 7- 13 Exh. A (Art. VIII § 7)] 18.25.500 Residential. (1) Policies. (a) Residential use is not water -dependent but is a preferred use of the shorelines when such development is planned and carried out in a man- ner that protects shoreline functions and processes to be consistent with the no net loss provisions of this program. 18-168.39 (Revised 3/14) 18.25.500 (b) All residential use and development should be planned, designed, located, and operated to avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality and quantity, aesthetics, navigation, and neighbor- ing uses. (c) All residential use and development should be properly managed to avoid damage to the shoreline environment and prevent cumulative impacts associated with shoreline armoring, over - water structures, stormwater runoff, septic sys- tems, introduction of pollutants, and vegetation clearing. (d) New residential development should be limited to densities that are consistent with the Jef- ferson County Comprehensive Plan goals and pol- icies, zoning restrictions, and this program. The density per acre of development should be appro- priate to local natural and cultural features. (e) Low impact development practices and clustering of dwelling units and accessory struc- tures should be implemented as appropriate to pre- serve natural features, minimize physical impacts and reduce utility and road construction and main- tenance costs. (f) New residential development should be planned and built in a manner that avoids the need for structural shore armoring and flood hazard reduction in accordance with JCC 18.25.380 (Flood control structures) and 18.25.410 (shoreline stabilization) of this program and other applicable plans and laws. (g) Residential development should be designed to: , (i) Maintain or improve ecological func- tions and processes; and (ii) Preserve and enhance native shore- line vegetation; and (iii) Control erosion; and (iv) Protect water quality; and (v) Preserve shoreline aesthetic charac- teristics; and (vi) Minimize structural obstructions to public views and normal public use of the shoreline and the water. (h) Creation of new residential lots through land division should be designed, configured and developed to ensure that no net loss of ecological functions and processes occurs from the plat or subdivision, even when all lots are fully built -out. (i) Residential developments are encour- aged, but not required, to provide public access to the shoreline. New multi -unit residential develop- ment, including subdivision of land into more than four parcels, is strongly encouraged to provide public access/open space area equal to at least 30 percent of the total development/subdivision area for use by development residents and the public. 0) Whenever possible, nonregulatory meth- ods to protect, enhance, and restore shoreline eco- logical functions should be encouraged for residential development. (2) Uses and Activities Prohibited Outright. (a) In -water, overwater or floating resi- dences or accessory dwelling units, including structures located in or on marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas or open water areas, are prohibited. (b) Residential development that can be rea- sonably expected to require structural shore armor- ing during the useful life of the structure or within 100 years, whichever is greater, is prohibited. (c) Residential development within a chan- nel migration zone or floodway that can be reason- ably expected to require structural flood protection during the useful life of the structure or within 100 years, whichever is greater, is prohibited. (d) Land division and boundary line adjust- ments in shoreline jurisdiction are prohibited when such actions will result in lot configurations that are likely to require: (i) Significant vegetation removal; (ii) Structural shore armoring; (iii) Shoreline modification for erosion control; (iv) Flood hazard protection; or (v) Result in a net loss of shoreline eco- logical functions and processes at the time of development of the subdivision and/or during the useful life of the development or within 100 years, whichever is greater. (3) Shoreline Environment Regulations. (a) Priority Aquatic. Residential develop- ment is prohibited. (b) Aquatic. Residential development is prohibited. (c) Natural. Residential development con- sisting of one single-family residence per existing legal lot of record may be allowed as a conditional use. Accessory dwelling units shall be prohibited. (d) Conservancy. Single-family and duplex development may be allowed subject to policies and regulations of this program. All other residen- tial development may be allowed as a conditional use. (e) Shoreline Residential. Residential development is allowed subject to the policies and regulations of this master program. (Revised 3/14) 18-168.40 Jefferson County Code (f) High Intensity. Residential development is allowed subject to the policies and regulations of this master program. (4) Regulations — Primary Residences and Property Subdivision. (a) Residential use and development shall be planned, designed, located, and operated to avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality, aesthetics, navigation, and neighboring uses. (b) The buffer requirements in Article VI of this program apply to residences, normal appurte- nances, and accessory dwelling units, except that docks, floats, and beach access structures and other water -dependent and water -related structures accessory to residential use may be permitted to encroach into the buffer in accordance with the applicable provisions of this program. Accessory structures must be sited and designed to not require shoreline armoring within 100 years. (c) Cluster development and appropriate low impact development practices shall be required for development sites constrained by crit- ical areas and/or shoreline buffers. (d) When zoning regulations allow, propos- als for multi -story residential development greater than 35 feet above average grade must include an analysis of how the structure would impact the views of surrounding residents. If the proposed res- idence would block or significantly compromise the view of a substantial number of residences on adjoining areas, the county shall limit the height to 35 feet, or require design revisions or relocation to prevent the loss of views to neighboring properties. (e) New multi -unit residential development, including subdivision of land into more than four parcels, shall provide public access/open space for use by development residents and the public. The county may alter the recommended area threshold per constitutional limits or waive this requirement if public access is infeasible due to incompatible uses, safety, impacts to shoreline ecology or legal limitations. The county may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted. (f) As per Article VI of this chapter, new or expanded subdivisions and planned unit develop- ments comprised of four or more lots or units shall provide public access to publicly owned shorelines or public water bodies unless: (i) The site is designated in a shoreline public access plan for a greater component of pub- lic access; or (ii) The public access is demonstrated to be infeasible or inappropriate. 18.25.510 (g) New or amended subdivisions, except those for lot line adjustment and lot consolidation purposes, shall provide public access as required in Article VI of this chapter. (h) When required for multi-lothnulti-unit residential development, the amount of public access/open space area shall be determined by site analysis per constitutional limits. The county may waive this requirement if public access is infeasible due to incompatible uses, risks to health or safety, impacts to shoreline ecology or legal limitations. In such cases, the county may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted. (1) The type and configuration of public access required for multi-unit/multi-lot residential development shall depend on the proposed use(s) and the following criteria: (i) Subdivisions within shoreline juris- diction that have views of water areas shall at a minimum provide an area from which the public can view the shoreline. (ii) Subdivisions adjacent to public waterways or tidelands shall provide physical access to public waters/tidelands that are accessi- ble at low tide or low water. (5) Regulations — Accessory Structures/Uses. (a) Accessory dwelling units may be per- mitted when the primary residential use is allowed pursuant to, and only when, other provisions of this program are rnet. (b) Accessory structures and uses such as boating facilities, pedestrian beach access struc- tures, shore armoring and shore stabilization shall be subject to the applicable provisions of Article VII of this chapter. (c) A single water -dependent boathouse, as defined in Article II of this chapter, accessory to single-family residential development may be allowed with a conditional use permit and in accor- dance with JCC 18.25.270(5)(d)(iii) and other pro- visions of this program. (d) A shoreline substantial development permit or conditional use permit shall be required for all accessory development that is not consid- ered a normal appurtenance. [Ord. 7-13 Exh. A (Art. VIII § 8)] 18.25.510 Signs. (1) Policies. (a) Signs should be located, designed and maintained to be visually compatible with local shoreline scenery as seen from both land and water, especially on shorelines of statewide significance. 18-168.41 (Revised 3/14) Jefferson County Code cally separated from the proposed use/develop- mental (e.g., a street end, vista, or trail system). (f) Public access shall be located and designed to be compatible with the natural shore- line character, to avoid adverse impacts to shore- line ecological functions and processes, and to ensure public safety. (g) When otherwise consistent with this program, public access structures shall be exempt from the shoreline buffer requirements of this pro- gram, meaning that such structures shall be allowed to encroach into the shoreline buffer when necessary to provide physical and/or visual access to the water's edge. (h) Public shoreline access provided by public road ends, public road rights-of-way, public utilities and rights-of-way shall not be diminished by the county, neighboring property owners, or other citizens, unless the property is zoned for industrial uses in accordance with RCW 36.87.130. (i) Public access sites shall be directly con- nected to the nearest public street and shall include improvements that conform to the requirements of the Americans with Disabilities Act (ADA) when feasible and appropriate. 0) Opportunities for boat -in public access and access to primitive shorelines not accessible by automobile shall be provided where feasible and appropriate. (k) When required for public land, commer- cial, port or industrial use/development as per sub- sections (2)(b) and (c) of this section, public access sites shall be fully developed and available for pub- lic use prior to final occupancy of such use or development. (1) Public access easements and permit con- ditions shall be recorded on the deed of title and/or the face of a short or long plat as a condition run- ning, at a minimum, for a period contemporaneous with the duration of the authorized land use. Recor- dation shall occur at the time of final plat approval or prior to final occupancy. (m) The location of new public access sites shall be clearly identified. Signs with the appropri- ate agency's logo shall be constructed, installed and maintained by the project proponent in con- spicuous locations at public access sites and/or along common routes to public access sites. The signs shall indicate the public's right of access, the hours of access, and other information as needed to control or limit access according to conditions of approval. [Ord. 7-13 Exh. A (Art. VI § 3)] 18.25.310 18.25.300 Shoreline setbacks and height. (1) Policies. (a) Standards for density, setbacks, height, and other provisions should ensure no net loss of shoreline ecological functions and/or processes and preserve the existing character of the shoreline consistent with the purpose of the applicable shore- line environment designation. (b) Proponents of a development on no - bank or low bank marine shorelines are encouraged to locate the bottom of a structure's foundation higher than the level of expected future sea -level rise. (2) Regulations. (a) A building setback of 10 feet shall be established on the landward edge of the shoreline buffers required by this program. (b) Sideyard setbacks shall be measured from all property lines that intersect the shoreline side of a lot or.tract. Five feet of the total required sideyard setbacks may be provided on one side and the balance on the other side. (c) Pursuant to RCW 90.58.320, no permit may be issued for any new or expanded building or structure more than 35 feet above average grade level when such a height will obstruct the view of a substantial number of residences on or adjoining such shorelines. Height is measured according to the definition in Article Il of this chapter. The proj- ect proponent shall be responsible for providing sufficient information to the administrator to deter- mine that such development will not obstruct views as described. (d)_ Power poles and transmission towers associatedwith allowed uses and developments are not subject to height limits but shall not be higher than necessary to achieve the intended purpose. [Ord. 7-13 Exh. A (Art. VI § 4)] 18.25.310 Vegetation conservation. (1) Policies. (a) Maintaining native shoreline vegetation is an important goal of this program. The policies and regulations of this section are intended to ensure well -vegetated, stable shorelines that pro- vide habitat and other ecological benefits and resemble natural, unaltered shorelines. (b) New uses and/or developments should be designed to preserve native shoreline vegetation to maintain shoreline ecological functions and pro- cesses and prevent direct, indirect and/or cumula- tive impacts of shoreline development. (c) New uses and/or developments should establish native shoreline vegetation such that the composition, structure, and density of the plant 18-163 (Revised 3/14) 18.25.310 community resemble a natural, unaltered shoreline as much as possible. (d) Maintaining well -vegetated shorelines is preferred over clearing vegetation to create views or provide lawns. Limited and selective clearing for views and lawns may be allowed when slope stability and ecological functions are not compro- mised, but landowners should not assume that an unobstructed view of the water is guaranteed. Trimming and pruning are generally preferred over removal of native vegetation. Property owners are strongly encouraged to avoid or minimize the use of fertilizers, herbicides and pesticides. (e) Shoreline landowners are encouraged to preserve and enhance native woody vegetation and native groundcovers to stabilize soils and provide habitat. Maintaining native plant communities is preferred over nonnative ornamental plantings because native plants have greater ecological value. Nonnative vegetation that requires use of fertilizers, herbicides and/or pesticides is discour- aged. (f) Prior to granting a shoreline permit or determining that a proposed use/development is exempt from permitting, the county should evalu- ate site plans to determine the extent to which the vegetation is conserved. As needed, the county may require special reports regarding vegetation and shall condition approval of new developments to ensure the following: (1) Native plant communities on marine, river, and lake shorelines are preserved; and (ii) Overhanging trees along shorelines are kept intact to provide shading and other ecolog- ical functions; and (iii) Established areas of native plants are preserved to maintain slope stability and pre- vent surface erosion; and (iv) Structures and associated develop- ment are placed in areas that avoid disturbance of established native plants, especially trees and shrubs; and (v) Clearing and grading near bluff edges and other erosion- or landslide -prone areas are minimized to prevent slope instability; and (vi) Shoreline development proposals should incorporate provisions for removing inva- sive or nonnative species and planting native spe- cies when doing so would improve ecological functions and processes. (2) Regulations. (a) Unless otherwise specified, all shoreline use and development, including preferred uses and uses exempt from permit requirements, shall com- ply with the buffer provisions of this program and (Revised 3/14) 18-164 Chapter 18.22 JCC to protect and maintain shore- line vegetation. (b) Proponents of all new shoreline uses or developments shall demonstrate that site designs and layouts are consistent with the policies of this section to ensure shoreline functions, values, and processes are maintained and preserved. A shore- line permit or written statement of exemption shall not mandate, nor guarantee, unobstructed horizon- tal or lateral visibility of the water, shoreline or any specific feature near or far. (c) View Maintenance. Proponents of all new shoreline uses or developments shall use all feasible techniques to maximize retention of exist- ing native shoreline vegetation while allowing for shoreline views. (i) Vegetation Trimming. Techniques shall include selective pruning, windowing and other measures that preserve native plant composi- tion and structure. No more than 25 percent of a single tree's leaf bearing crown may be removed and no more than 25 percent of the canopy cover of any stand of trees may be removed for view preser- vation. If additional trimming is requested in sub- sequent years, the cumulative removal may not exceed 25 percent. Limbing or crown thinning shall comply with Tree Care Industry Association pruning standards, unless the tree is a hazard tree as defined by this program. Tree topping is prohibited when main stem/trunk is over three inches diame- ter at breast height (DBH). (ii) Vegetation Removal. All vegetation removal within the buffer area must comply with JCC 18.25.270(4)(h). In no instance shall' vegeta- tion removal exceed 20 percent of the required buf- fer area or 15 linear feet of the water frontage, whichever is greater. Outside the buffer, vegetation removal shall be the minimum necessary for main- taining shoreline views from the primary structure and to provide lawns or ground cover, and must comply with other applicable requirements such as clearing and grading, forest practices, and protec- tion standards for fish and wildlife habitat. (iii) The administrator may deny a request or condition approval of vegetation man- agement proposals for view maintenance if it is determined the action will result in an adverse effect to any of the following: (A) Slope stability; (B) Habitat value; (C) Health of surrounding vegetation; (D) Risk of wind damage to surround- ing vegetation; (E) Nearby surface or ground water; or Jefferson County Code (F) Water quality of a nearby water body. (d) Proponents of all new shoreline uses or developments shall maintain existing native shore- line vegetation to the maximum extent practicable, except that the following activities shall be exempt from this requirement: (i) Existing and ongoing agricultural activities on agricultural lands enrolled in the open space tax prdgratil for agriculture or on lands des- ignated as agricultural lands of long-term commer- cial significance on the official reap of Comprehensive Plan land use designations; (ii) Buffer enhancement by removal of noxious weeds, based on consultation with the Jef- ferson County noxious weed board, and/or plant- ing native vegetation; (iii) Maintenance of existing residential landscaping, such as lawns and gardens, pursuant to JCC 18.22.070(13); (iv) Maintenance trimming of the limbs or branches on a tree or shrub that has a main stem less than three inches in diameter at breast height (DBH); (v) Construction of pervious surface trails for nonmotorized use, provided the trail is no wider than five feet and the vegetation trimming is limited to five feet on either side of the trail except where an arborist report indicates that additional vegetation trimming or removal is required for safety reasons; (vi) Harvest of wild crops that does not significantly affect the viability of the wild crop, or adversely affect shoreline functions of the area; (vii) Removal of a hazard tree, as defined in Article II of this chapter, where trim- ming is not sufficient to address the hazard. In such cases, the downed tree shall be retained on site to provide wildlife habitat and enhance in -stream or marine habitat if present. The location of retained materials placed on site shall reflect firewise pro- gram guidance for defensible space and fire safety. Where not immediately apparent to the administra- tor, the hazard tree determination shall be made after review of a report prepared by an arborist or forester. (e) The county may impose conditions on new shoreline use and/or development as needed to prevent the introduction and spread of aquatic weeds. Aquatic weed removal and disposal small occur in a manner that minimizes and mitigates adverse impacts to native plant communities and shoreline ecological functions. (f) When restoring or enhancing shoreline vegetation, proponents shall use native species 18.25.320 approved by the county that are of a similar diver- sity, density, and type to that occurring in the gen- eral vicinity of the site prior to any shoreline alteration. The vegetation shall be nurtured and maintained to ensure establishment of a healthy and sustainable native plant community over time. (g) The vegetation conservation regulations of this program do not apply to commercial forest practices as defined by Article II of this chapter when such activities are covered under the Wash- ington State Forest Practices Act (Chapter 76.09 RCW). Where such activities are associated with a conversion of forest lands to other uses or other forest practice activities, the vegetation conserva- tion requirements shall apply. (h) Vegetation conservation standards shall not apply retroactively to existing uses and devel- opments, although property owners are strongly encouraged to voluntarily improve shoreline vege- tation conditions over the long term. (i) Vegetative debris shall be properly man- aged by mulching/leaving in place as habitat and soil amendment, composting on-site, or removing and disposing of off-site. The dumping of vegeta- tive debris, including grass clippings and yard waste, in shoreline areas is strongly discouraged, especially when slope stability and water quality would be threatened. 0) Vegetative debris in the buffer that cre- ates a fire hazard to existing structures may be reduced by chipping if the chipped material is returned to the original location. Fallen tree trunks may not be removed or chipped. [Ord. 7-13 Exh. A (Art. VI § 5)] 18.25.320 Water quality and quantity. (1) Policies. (a) The location, construction, operation, and maintenance of all shoreline uses and develop- ments should maintain or enhance the quantity and quality of surface and ground water over the long term. (b) Shoreline use and development should minimize, through effective education, site plan- ning and maintenance, the need for chemical fertil- izers, pesticides, herbicides or other similar chemical treatments that could contaminate sur- face or ground water or cause adverse effects on shoreline ecological functions and values. (c) Appropriate buffers along all wetlands, streams, lakes, and marine water bodies should be provided and maintained in a manner that avoids the need for chemical treatment. (d) Potential adverse effects of agricultural activities on water quality should be minimized by 18-165 (Revised 3/14) Jefferson County Code Article V. Shorelines of Statewide Significance 18.25.230 Adoption of policy. (1) In accordance with RCW 90.58.020, the county shall manage shorelines of statewide signif- icance in accordance with this section and in accor- dance with this program as a whole. Preference shall be given to uses that are consistent with the statewide interest in such shorelines. Uses that are not consistent with this section or do not comply with the other applicable policies and regulations of this program shall not be permitted on shorelines of statewide significance. (2) In managing shorelines of statewide signifi- cance, Jefferson County shall: (a) Recognize and protect the statewide interest over local interest; (b) Preserve the natural character of the shoreline; (c) Seek long-term benefits over short-term benefit; (d) Protect the resources and ecology of the shoreline; (e) Increase public access to publicly owned areas of the shoreline; (f) Increase recreational opportunities for the public in the shoreline; and (g) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or neces- sary. [Ord. 7-13 Exh. A (Art. V § 1)] 18.25.240 Designation of shorelines of statewide significance. In accordance with RCW 90.58.030(2)(e), the following Jefferson County shorelines are desig- nated shorelines of statewide significance: (1) Shorelines of natural rivers or segments thereof, including portions of the Bogachiel, Clear- water, Hoh, and Quinault Rivers, downstream from a point where the mean annual flow equals 1,000 cubic feet per second or more; and (2) The waters of Hood Canal between the ordi- nary high water mark and the line of extreme low tide south of the line between Tala Point and Foul - weather Bluff; and (3) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide. [Ord. 7-13 Exh. A (Art. V § 2)] 18.25.250 Use preference. To ensure that statewide interests are protected over local interests, the county shall review all development proposals within shorelines of state - 18.25.250 wide significance for consistency with RCW 90.58.030, this program, and the following, which are not listed in priority order: (1) When shoreline development or redevelop- ment occurs, it shall include restoration and/or enhancement of ecological conditions if such opportunities exist; (2) State and federal resource agencies, co - managers, and tribes, shall be consulted for devel- opment proposals that affect anadromous fish, shellfish, marine birds, and other shoreline resources; (3) Areas that are subject to commercial timber harvest pursuant to the Forest Practices Act and RCW 90.58.150 should be reforested as soon as possible and in accordance with the Forest Prac- tices Act and the Forest and Fish Report; (4) Uses that are sustainable, that do not deplete natural resources, and that are compatible with other approved uses shall be preferred over uses that do not have these qualities; (5) Uses that provide long-term benefits shall be preferred over uses that provide only short-term gains; (6) Uses that preserve aesthetic qualities shall be preferred over uses that impact aesthetic quali- ties; (7) Uses that require a shoreline location shall be preferred over non -water -related uses. Non - water -related uses should be located outside the shoreline jurisdiction or in areas where they will not interfere with or displace preferred uses or pub- lic access; (8) Commercial shellfish beds, areas that sup- port recreation and tourism, and other economic resources of statewide importance shall be pro- tected; (9) Uses that have the potential to cause signif- icant erosion and sedimentation due to excavation, land clearing, or other activities shall be strictly regulated to prevent adverse impacts to shoreline functions and processes; (10) All public access and recreation use and development shall be designed to protect the eco- logical resources upon which such activities depend; and (11) Public and private development shall be encouraged to provide trails, viewpoints, water access points and water -related recreation opportu- nities where conditions are appropriate for such uses. [Ord. 7-13 Exh. A (Art. V § 3)] 18-153 (Revised 3/14) 18.25.260 Article VI. General Policies and Regulations 18.25.260 Applicability. The policies and regulations in this article apply to all uses and developments in all shoreline envi- ronments. The policies and regulations are not listed in order of priority. These policies and regu- lations: (1) Help to implement the master program goals in Article III of this chapter; and (2) Are informed by the governing principles in Article I of this chapter; and (3) Work in concert with all the other policies and regulations contained in this program; and (4) Are based on the state shoreline guidelines (Chapter 173-26 WAC). [Ord. 7-13 Exh. A (Art. VI)] 18.25.270 Critical areas, shoreline buffers, and ecological protection. (1) Policies. (a) All shoreline use and development should be carried out in a manner that avoids and minimizes adverse impacts on the shoreline envi- romnent. Uses and developments thai may cause the future ecological condition to become worse than current condition should not be allowed. Use and development in areas that are ecologically valuable, hazardous, and/or possess rare or fragile natural features should be discouraged. (b) In assessing the potential for new uses and developments to cause adverse impar_.ts, the county should take into account all of the follow- ing: (i) Effects on ecological functions and ecosystem processes; and (ii) Effects that occur on site and effects that may occur off site; and (iii) Immediate effects and long-term effects; and (iv) Direct effects of the project and indi- rect effects; and (v) Individual effects of the project and the incremental or cumulative effects resulting from the project added to other past, present, and reasonably foreseeable future actions; and (vi) Compensatory mitigation actions that offset adverse impacts of the development action and/or use. (c) The county should recognize and honor buffers and setbacks established by existing plats, preliminary plats, issued permits, binding site plans (BSPs) and site plan approval advance deter- minations (SPAADs), and by development agree - 0 meats that are consistent with Chapter 36.70E RCW. (Revised 3/14) 18-154 (d) The county should work with other local, state, and federal regulatory agencies and resource management agencies to ensure that miti- gation actions carried out in support of this pro- gram are likely to be successful and achieve beneficial ecological outcomes. This includes assisting applicants/proponents in planning, designing and implementing mitigation. (e) Single-family residential development on nonconforming lots should not substantially impair the view of the adjacent residences. (2) Regulations — No Net Loss and Mitigation. (a) All shoreline use and development, including preferred uses and uses that are exempt from permit requirements, shall be located, designed, constructed, conducted, and maintained in a manner that maintains shoreline ecological processes and functions. (b) Uses and developments that cause a net loss of ecological functions and processes shall be prohibited. Any use or development that causes the future ecological condition to become worse than current condition shall be prohibited. (c) Proponents of new shoreline use and development shall employ measures to mitigate adverse impacts on shoreline functions and pro- cesses. (d) Mitigation shall include the following actions in order of priority: (i) Avoiding the impact altogether by not taking a certain action or parts of an action; (ii) Minimizing impacts by limiting the degree or magnitude of the action and its imple- mentation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; (iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environ- ment; (iv) Reducing or eliminating the impact over time by preservation and maintenance opera- tions; (v) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; (vi) Monitoring the impact and the coin- pcnsation projects and taking appropriate correc- tive measures. (e) Mitigation actions shall not have a sig- nificant adverse impact on other shoreline uses fos- tered by the policies of the Shoreline Management Act. (f) When compensatory nutigation inea- sures are required, all of the following shall apply: Jefferson County Code (i) 'Elie quality and quantity of the replaced, enhanced, or substituted resources shall be the same or better than the affected resources; and (ii) The mitigation site and associated vegetative planting shall be nurtured and main- tained such that healthy native plant communities can grow and mature over time; and (iii) The mitigation shall be informed by pertinent scientific and technical studies, including but not limited to the Shoreline Inventory and Characterization Report (Final — Revised Novem- ber 2008), the Shoreline Restoration Plan (Final October 2008) and other background studies pre- pared in support of this program; and (iv) The mitigation shall replace the functions as quickly as possible following the impacts to ensure no net loss; and (v) The mitigation activity shall be mon- itored and maintained to ensure that it achieves its intended functions and values. The monitoring timeframes shall be consistent with JCC 18.22.350(3)(h). (vi) The county shall require the appli- cant/proponent to post a ,bond or provide other financial surety equal to the estimated cost of the mitigation in order to ensure the mitigation is car- ried out successfully. The bond/surety shall be refunded to the applicant/proponent upon comple- tion of the mitigation activity and any required monitoring. (g) To encourage shoreline property owners to remove bulkheads and perform other beneficial shoreline restoration actions in advance of shore- line development or redevelopment, the county may give mitigation credit to any beneficial resto- ration action that occurred within five, years of the proposed development/redevelopment activity; provided, that: (i) The applicant/property owner can provide conclusive evidence of the pre- and post - restoration conditions using photographs, reports, plans, affidavits, or similar evidence; (ii) The county can confirm via site inspection, photographs, affidavits or other evi- dence that the restoration actions have improved shoreline conditions; and (iii) The applicant/property owner pro- vides assurances that the restoration area will be maintained in perpetuity. The assurance can be in the form of a notice on title, conservation ease- ment, or similar mechanism. (h) Compensatory mitigation measures shall occur in the vicinity of the impact or at an alternative location within the same watershed or 18.2 5.270 appropriate section of marine shoreline (e.g., reach or drift cell) that provides greater and more sustain- able ecological benefits. When determining whether off-site mitigation provides greater and more sustainable benefits, the county shall con- sider limiting factors, critical habitat needs, and other factors identified by the locally adopted shoreline restoration plan (October 2008 or as updated), or an approved watershed or comprehen- sive resource management plan. The county may also approve use of alternative mitigation practices such as in -lieu fee programs, mitigation banks, and other similar approaches, provided they have been approved and sanctioned by the Department of Ecology, the Puget Sound Partnership, the Depart- ment of Fish and Wildlife or the Army Corps of Engineers. (i) Land that is constrained by critical areas and/or buffers shall not be subdivided to create par- cels that are only buildable through a shoreline variance or would be considered nonconforming. (3) Regulations — Cumulative Impacts. (a) The county shall consider the cumula- tive impacts of individual uses and developments, including preferred uses and uses that are exempt from permit requirements, when determining whether a proposed use or development could cause a net loss of ecological functions. (b) The county shall have the authority to require the applicant/proponent to prepare special studies, assessments and analyses as necessary to identify and address cumulative impacts including, but not limited to, impacts on fish and wildlife hab- itat, public access/use, aesthetics, and other shore- line attributes. (c) Proponents of shoreline use and devel- opment shall take the following factors into account when assessing cumulative impacts: (i) Current ecological functions and human factors influencing shoreline natural pro- cesses; and ; (ii) Reasonably foreseeable future use and development of the shoreline; and (iii) Beneficial effects of any established regulatory programs under other local, state, and federal laws; and (iv) Mitigation measures implemented in conjunction with the proposed project to avoid, reduce and/or compensate for adverse impacts. (d) The county shall prohibit any use or development that will result in unmitigated cumu- lative impacts. 18-155 (Revised 3/14) 18.25.270 (4) Regulations — Critical Areas and Shoreline Buffers. (a) Critical areas provisions of Chapter 18.22 JCC, dated March 17, 2008 (Ordinance No. 03-0317-08), and further amended in May 2009 (Ordinance No. 06-0511-09), and August 2010 (Ordinance No. 04-0809-10) are incorporated by reference; however, the following exceptions shall prevail for actions occurring within shoreline juris- diction: (i) All provisions listed in subsections (4)(b) through (1) and (5)(a) through (d) of this sec- tion (e.g., building setback, buffers, CASPs, rea- sonable use, nonconforming lots, water -oriented use/development) and provisions found in JCC 18.25.660 (i.e., nonconforming development), shall be governed by this program and not Chapter 18.22 JCC; and (ii) Sections of Chapter 18.22 JCC, Arti- cle II of this chapter and other sections of JCC Title 18 regarding permit process, administrative, non- conforming use, appeal, and enforcement provi- sions within shoreline jurisdiction shall be governed by this program and not Chapter 18.22 JCC. (b) In the event development or perfor- mance standards in Chapter 18.22 JCC are incon- sistent with standards and requirements in this program, this program shall govern. (c) Unless otherwise specified in this pro- gram, a buffer zone shall be established landward of all shorelines of the state to protect and maintain ecological functions and processes and to mini- mize risks to human health and safety. All buffers shall be maintained in a predominantly natural, undisturbed, undeveloped, and vegetated condi- tion. Buffers shall not extend across lawfully estab- lished paved roads or hardened surfaces to include areas which are functionally isolated from the shoreline or critical area. (d) Building Setback. As established in Chapter 18.22 JCC, all new uses and develop- ments, including preferred uses and uses exempt from shoreline permit requirements, shall be located landward of the standard buffer plus a 10 - foot -wide building setback unless otherwise speci- fied in this program. (e) Standard Buffed The standard buffer shall be measured landward in a horizontal direc- tion perpendicular to the ordinary high water mark (OHWM) of the shoreline water body, and is a three dimensional space that includes the airspace above, as follows: (Revised 3/14) 18-156 (i) Marine Shores. A minimum buffer of 150 feet shall be maintained in all shoreline envi- ronments. (ii) Lake Shores. A minimum buffer of 100 feet shall be maintained in all shoreline envi- ronments. (iii) Stream/River Shores. A minimum buffer of 150 feet shall be maintained in all shore- line environments. (f) The county shall recognize and apply a buffer or setback established by an existing plat, preliminary plat, issued permit, binding site plan (BSP), site plan approval advance determination (SPAAD), or a development agreement that is con- sistent with Chapter 36.70B RCW. (g) Multiple Buffers. In the event that buf- fers for any shorelines and/or critical areas are con- tiguous or overlapping, the landward -most edge of all such buffers and setbacks shall apply. (h) Buffer Condition. The area within a required shoreline buffer shall be kept in a suffi- ciently vegetated condition so as to ensure it pro- tects and maintains the existing ecological Rinctions. Existing native vegetation shall be retained, and planting of native vegetation is pre- ferred. (1) Buffer Usage. When located to avoid areas of noted sensitivity and habitat, an area shall be permitted for "active use" within an approved buffer, provided the area does not exceed 20 per- cent of the required buffer area or is configured to span at least 15 linear .yet of the water frontage, whichever is greater. This regulation shall not apply retroactively to existing uses except when new use or development is proposed. 0) Buffer Reduction or Averaging. Propos- als that request a decrease in the standard shoreline buffer of this program shall not require a shoreline variance if all of the approval criteria in JCC 18.22.270(6) and (7) are met. All other shoreline buffer reduction or shoreline buffer averaging pro- posals shall require a shoreline variance. (k) Increased Buffers. An increase in buffer width shall be required upon determination that the development would be: (i) Susceptible to severe erosion result- ing in adverse impacts to the shoreline; or (ii) Susceptible to health and safety risks caused by stream or river channel migration; or (iii) Susceptible to health and safety risks caused by flooding — from sea, river/stream; or (iv) On steeply sloped (greater than 25 percent) land adjacent to the ordinary high water mark. Jefferson County Code (1) Alternative Protection via Critical Areas Stewardship Plans (CASPs), If A proponent of a shoreline use or development proposes to modify the buffer width requirement of an SMA -regulated waterbody using the CASP standards described in Article IX of Chapter 18.22 JCC, such buffer mod- ification shall require a shoreline variance. If the proposed CASP buffer modification is for a wet- land or habitat conservation area that is physically separated from the SMA -regulated waterbody, no shoreline variance shall be required. (5) Regulations — Exceptions to Critical Area and Shoreline Buffer Standards. (a) Nonconforming Lots — Development Allowed without a Variance (Modest ]Tome Provi- sion). New single-family development on any legal lot in shoreline jurisdiction that .is nonconforming with respect to the required buffer standards may be allowed without a shoreline variance when: (i) The depth of the lot (distance from the ordinary high water Xnark to the inside edge of the frontage setback) is equal to or less than the stan- dard shoreline buffer as indicated in subsection (4)(e) of this section; and (ii) The building area lying landward of the shoreline buffer and interior to required side - yard setbacks is not more than 2,500 square feet and the driveway is not more than 1,100 square feet. The building area means the entire area that will be disturbed to construct the home, normal appurtenances (except drainfelds), and landscap- ing; and (iii) All single-family residences approved under this section shall not extend water - ward of the common -line buffer; and (iv) Appropriate measures are taken to mitigate all adverse impacts, including using low impact development measures such as pervious pavement for driveways and other hard surfaces; and (v) Opportunities to vary the side yard and/or frontage setbacks are implemented to reduce the nonconformity when doing so will not create a hazardous condition or a condition that is inconsistent with this program and Chapter 18.30 JCC; and (vi) The residence is located in the least environmentally damaging location relative to the shoreline and any critical areas; and (vii) There is no opportunity to consoli- date lots under common ownership that will allevi- ate the nonconformity; and (viii) The lot is not subject to geologic hazards; and 18.25.270 (ix) All structures are as far landward as possible and not closer than 30 feet from the ordi- nary high water mark; and (x) At least 80 percent of the buffer area between the structures and the shoreline and/or critical area is maintained in a naturally vegetated condition. (b) Nonconforming Lots — Common Line Buffer. For the purpose of accommodating shore- line views to be adequate and comparable to adja- cent residences, but not necessarily equivalent, the administrator may reduce the standard buffer for a new single-family residence on nonconforming lots consistent with the following criteria: (i) The proposed residence must be located within 300 feet of an adjacent legally estab- lished single-family residential primary structure constructed prior to adoption of this program that encroaches on the standard buffer. The mere pres- ence of nearby shacks, sheds or dilapidated build- ings does not constitute the existence of a residence, nor can such structures be used to deter- mine a common line buffer. The nearest corners of the adjacent residences are those closest to the side -yard property line of the proposed residence. (ii) Existing Homes on Both Sides. Where there are existing residences adjacent on both sides of the proposed residence, the buffer shall be determined as the greater of either (A) a common line drawn between the nearest corners of each adjacent residence (see Figure 18.25.270(1)), or (B) a common line calculated by the average of both adjacent residences' existing setbacks (i.e., (y+z)/2=x buffer; see Figure 18.25.270(2)). (iii) Existing Home on One Side. Where there is only one existing residence adjacent to the proposed residence, the common line buffer shall be determined as the greater of either (A) a com- mon line drawn between nearest corner of the foundation for the adjacent residence and the near- est point of the standard buffer on the adjacent vacant lot (see Figure 18.25.270(3)), or (B) a com- mon line calculated by the average of the adjacent residence's setback and the standard buffer for the adjacent vacant lot (i.e., (y+z)/2=x buffer; see Fig- ure 18.25.270(4)). (iv) Figures 18.25.270(1) through (4) illustrate examples of the common line buffer allowance. When discrepancy between the text and the graphic exists, the text shall govern. Graphics are for illustration only, buffer shall be measured perpendicularly from the ordinary high water mark as per this section. 18-157 (Revised 3/14) 18.25.270 Figures 18.25.270(1) — (4) Figure 18.25.270(1) ErislkV Nor-fonifomTlnc7 House Prcyws!ct IIlacsie I �� y r 1 R ! Ip 1 � IF It {kl: �IlTi� Nna 1 �-4^ttf ,117Yi cnl:'rr:nvlh�Flcusc " r 1 A flll69rwy^fmd 1 1 y r Figure 18.25.270(2) Prcypp:(I Ho",; Emong Noll- 1 � 1 i 1 i { I ' contoxmhs� Hoose r 1 ± I I I I 1 I I / O'N., mod, x 1 1 1 1 4 J ERirtfrip $t&mk v y (Revised 3/14) 18-158 Pxfstm fc� Fan<anbrming Howe ---------- Y � r r � R r 1 1 1 Shvrctm 10.H.W.. M) - I R eot Line &ISEep tWbmk w z Jefferson County Code Figure 18.25.270(3) 18.25.270 I Flo P-�s" i'i �♦; '"C 1 wwlX_rlr 3T iOT r.... .,.... i A I I I if I GNiStslxJ}V47n, � i_- � � A'h�Jrir_^,{F'4"" g�vlt�rni;e>)� N6V=C �,.---------'� f F� drn ,MAty Sn;q 4,4"r+d Z7 SOV r a - 5_" f'liinoICULW.ATI Figure 18.25.270(4) I i qI 1 1 ETN,,,. [Lv}IESr wng House jI f I I3AMe7 Width =x I I I II I cAfTIMp sejba jk y y (c) Nonconforming Lots — Development Requiring a Variance. Development on noncon- forming lots that do not meet the requirements of subsection (5)(a) or (b) of this section require a shoreline variance. (d) Water -Oriented Uses/Development. When otherwise consistent with this program and Chapter 18.22 JCC, the following water -oriented uses/developments may be permitted within a shoreline buffer without a shoreline variance. The amount and extent of buffer modification shall be the minimum needed to accommodate the allowed use/development. This allowance for water -ori- ented uses/developments within shoreline buffers without a shoreline variance may apply to the pri- mary use and/or to the following accessory uses/structures: 18-159 VACANT L01 (i) Primary uses and structures that meet the definition of a water -dependent or water - related use/development as defined in Article II of this chapter. (ii) Boating facilities accessory to a sin- gle-family residential development including rails, docks, piers and floats; (iii) Boathouses accessory to a single- family residential development; provided, that all of the following are met: (A) The boathouse is used to store watercraft and shall not be used as or converted to a dwelling unit. The county shall require a notice on title indicating such; and (B) The boathouse has a maximum footprint of 300 square feet and a maximum height of 15 feet above average grade; and (Revised 3/14) 18.25.280 (C) The primary doorway/entryway faces the water; and (D) The structure is located entirely landward of the ordinary high water mark. (iv) Public or private beach access struc- tures accessory to residential, commercial, indus- trial, port or other allowed uses/development; and (v) Public access structures, including but not limited to docks, piers, floats; and (vi) Certain utilities and essential public facilities as specified in JCC 18.25.530. [Ord. 7-13 Exh. A (Art. VI § 1)] 18.25.280 Historic, archaeological, cultural, scientific and educational resources. (1) Policies. (a) Historic, archaeological, cultural, scien- tific and educational (HACSE) sites and resources should be protected, preserved, and where possi- ble, restored. All use and development on sites containing HACSE resources should be planned and carried out so as to prevent adverse impacts to the resource(s). (b) To prevent adverse impacts on HACSE resources, proponents of all new shoreline use and development should consult the county department of community development prior to beginning any project or activity. (c) Tribal, federal, state, educational institu- tions and local governments should cooperate to maintain an inventory of all known significant local HACSE sites and resources. (d) The location of historic, cultural and/or archaeological sites/resources should not be dis- closed to the general public, consistent with appli- cable state and federal laws. (e) When 1 ACSE sites/resources occur on public lands they should be accessible to the public and used for research or educational purposes con- sistent with the public access provisions of this program and applicable tribal access policies. Pri- vate owners of HACSE sites/resources are encour- aged to provide access and educational opportunities when appropriate. (f) If development is proposed adjacent to an identified HACSE site/resource, then the pro- posed development should be designed and oper- ated so as to be compatible with continued protection of the site/resource. (2) Regulations —General Regulations. (a) Proponents of new shoreline use and development, including preferred uses and uses exempt from permit requirements, shall: (i) Preserve and protect historic, archae- ological and cultural resources that are recorded by (Revised 3/14) 18-160 the Washington State Department of Archaeology and Historic Preservation and resources that are inadvertently discovered during use or develop- ment activities; and (ii) Consult the county department of community development, the Washington State Department of Archaeology and Historic Preserva- tion, affected tribes, and/or other appropriate agen- cies prior to beginning development so there is ample time to assess the site and make arrange- ments to preserve historical, cultural and archaeo- logical resources; and (iii) Comply with all state and federal regulations pertaining to archaeological sites. (b) All feasible means shall be employed to ensure that data, structures, and sites having histor- ical, archaeological, cultural, scientific, or educa- tional significance are preserved, extracted, or used in a manner commensurate with their importance. (c) Excavations for archaeological investi- gations or data recovery may be permitted subject to the provisions of this program. (d) The county shall prohibit any use or development that poses a threat to a HACSE resource. Alternatively the county shall require the development to be postponed to allow for: (i) Coordination with potentially affected tribes and/or the State Department of Archaeology and Historic Preservation; and/or (ii) Investigation of public acquisition potential; and/or (iii) Retrieval and preservation of signif- icant artifacts. (3) Regulations —Procedural Requirements. (a) When the county receives a permit appli- cation or request for a statement of exemption for development on a property within 500 feet of a known or probable historic, archaeological, or cul- tural site, the county shall: (i) Notify and inform affected tribes and agencies such as the State Department of Archae- ology and Historic Preservation of the proposed activity including timing, location, scope, and resources affected; and (ii) Require the applicant to provide a cultural resource site assessment prior to develop- ment unless the administrator determines that the proposed development activities do not include any ground disturbing activities and will not impact a known HACSE site/resource. (b) If a cultural resource site assessment identifies the presence of significant historic or archaeological resources, a cultural resource man - 18.25.220 Table 18.25.220—Permitted, Conditional and Prohibited Uses by Shoreline Environment Designation (Continued) P= Use may be permitted subjectto policies and regulations of program. May require shoreline substantial development permit or statement of exemption approval. See Articles Vl, VII, V1I1, IX and/or X of this chapter for details. C(a) = Conditional use administrative. See Articles Il, IX and X of this chapter for definition, criteria and process details. C(d) = Conditional use discretionary. See Articles Il, IX and X of this chapter for definition, criteria and process details. X = Prohibited use. Exceptions and limitations may apply as noted in this program. See specific section for details. Environment Designations Waterward of Landward of OHWM OHWM Priority � n Shoreline , High Aquatic Natural Conservancy Residential lnteiuh Shoreline Uses Aquatic Y Residential: " P Single-family (and normal appurtenances) X X C(a) P P P Accessory structures associated with single- X X X C(a) P family development (other than beach access structures, boating facilities, and boathouses) Boathouses accessory to single-family X X X C(a) C(a) C(a) residences Multifamily X X X P* P P Restoration and Enhancement P P P P P P Shore Armor/Stabilization: Nonstructural stabilization P P P P P P Structural armoring, river and marine — C(a)* C(a)* C(a)* C(a)71 C(a)* C(a)* nonresidential Structural armoring, river and marine — X X X C(a)* C(a)* C(a)* residential Structural armoring, lakes X X X X X X Signs P* P* X* P P P Transportation: ng an allowed use C(d) C(d) X* P P P erving a specific allowed useC(d) E C(d) X* C(d)* C(d)* C(d)* ies: Essential public facilities C(d)* C(d) X* C(d) P P Oil, gas and natural gas transmission lines C(d)* C(d) X* P* P* P Power/tidal energy generation facilities X C(d) X C(d) C(d) C(d) Desalinization plants X* X* X C(d) C(d) C(d) Sewage systems X* X* X* C(d) C(d) P Water systems X* X* X* C(d) C(d) P Electrical and communication lines C(d) C(d) X* P* P ` P [Ord. 7-1 Exh. A (Art. IV 5 3)] (Revised 3/14) 18-152 DEPARTMENT OF COMMUNITY DEVELOP - NT' 621 Sheridan Street, Port Townsend, WA 98368 r G a Tel: 360.379.4450 1 Fax: 360.379.4451 --� Web: www.cs?.igffmoo.m.gs/cQmmLiaitydcvclQpment E-mail: i i j o,ieffenon.wa.�s 1 7. 20 1 DEC 16, `_� �I PRE -APPLICATION CONFERENCE Il f'ril so couNN NIT The Jefferson County Code (JCC) 18.25.640 & 18.40.090 requires that before an p$ P_1G tion is made for all Type II and Type III project applications and Type I applications proposing impervious surfaces of ten thousand (10,000) square and/or non le family structures of five thousand (5,000) feet or more, or all projects involving in -water work or work below ONVI a pre -application consultation must be held. The consultation includes preliminary review and administrative assistance. This service does not include extensive field inspection or correspondence. Pre -application consultation does not limit subsequent administrative review. At the conference, Department of Community Development personnel shall provide the applicant with: (1) A list of the requirements for a completed application; (2) A general summary of the procedures to be used to process the application; (3) The references to relevant code provisions or development standards that may apply to the approval of the application; and (4) A list of any applicable hourly review fees that may be charged by one or more County agencies upon the filing of a project permit application with the County. Discussions at the conference or the information provided by the staff shall not bind or prohibit the County's future application or enforcement of all applicable laws and regulations. No statements or assurances made by County representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of County, state and federal codes, laws, regulations and land use plans. NAME: S1LLi t HUIL3a-,3W 1 (,jJ1XJJ tIVIO.AUnall MAILING ADDRESS: '10 ( Grc41 4®'1 j j (J �f'� t LIC I L?p- M1)re d _41 (00`M TELEPHONE: C1® (HOME) {/^J �2�j s� ' G�1:1"ZIV'�Qq91 EMAIL (l.tyI �� Ij�� i9 ll REPRESENTATIVE: f5� t !1 t IOJVIY !) SC/"! :r l'll�i 1I3 7 MAILING ADDRESS: TELEPHONE: (HOME) &Q -1(01 " 13W] ] EMAIL DIRECTIONS 1. Please answer all questions on this form completely. 2. Attach one sketch of the Conceptual Design for the proposed use or activity, showing the following information: a. Vicinity sketch,- b. ketch;b. North arrow and scale; c. Property boundaries and identification of land uses on adjacent properties; d. Means of ingress and egress; e. Property/lot drainage; f. Possible locations of sewage disposal and water supply systems; g. Location of utility easements; and h. Proposed location of buildings, including setbacks to property boundaries. 3. Attach payment of the applicable fee, as set forth in the Jefferson County Fee Ordinance. Property Description General Location, bl ri i't plotof Legal Description (from Property Tax Statement).- 9-Digit tatement): 9-Digit Parcel Number (from Property Tax Statement)- Total tatement)Total Acreage: Zone: _ Applicant: I5KOwner ❑ Contract Purchaser Project Description % Lot Coverage: A ❑ Lessee ❑ Other TGiltl'i 1 � � ��,5 t C�P.f'1C�- � ��,�+P��"'i � Vu.�`i�"p��-• �T �' �" Loa -from 15D' -� , rt cm i YY) 44e IV Property Owner (name and mailing address): �01 1�' *1-�� - Link . YMM1 �_ 1a Standard Disclosure Information provided to a prospective applicant during the pre -application consultation is based on County regulations in effect at the time of the pre -application consultation. Revised or new CountV regulations could affect a Future development application. A pre - application consultation does not vest a future development application. By signing the application form, the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. I also certify that this application is being made with the full knowledge and consent of all owners of the affected property. Any material falsehood or any omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being null and void. I further agree to save, indemnify and hold harmless Jefferson County against all liabilities, judgments, court costs, reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. 1 further agree to provide access and right of entry to Jefferson County and its employees, representatives or agents for the sole purpose of application review and any required later inspections. This right of entry shall expire when the County (through the Administrator or the Administrator's representatives) concludes the application has complied with all applicable laws and regulations. Access and right of entry to the applicant's property shall be requested and shall occur only during regular business hours. ------ Zj4,1b SIGNATURE) (DATE) I hereby designate to act as my agent in matters related to this pre -application conference. zolb (LANDOWNER SIGNATURE) (DATE) on LoNli Ltpm�m&& aF Ecl) to o� also res e,� �- P G:\PermltCenterVMWFORMS###\DRD\Pre-App\pre-app conference form doe REV 11/1/2013 Paget 1/10/2017 RCW 90 58.020: Legislative findings—State policy enunciated—Use preference. RCW 90.58.020 Legislative findings—State policy enunciated—Use preference. The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefore, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines. It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: (1) Recognize and protect the statewide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public in the shoreline; (7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single-family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW. Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water. http://app.leg.wa.gov/RCW/default.aspx?cite=90.58.020 1/2 1/10/2017 RCW 90.58.020: Legislative findings—State policy enunciated—Use preference. [ 1995 c 347 § 301; 1992 c 105 § 1; 1982 1st ex.s. c 13 § 1; 1971 ex.s. c 286 § 2.] NOTES: Finding—Severability—Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. http://app.leg.wa.gov/RCW/default.aspx?cite=90.58.020 2/2 1/10/2017 RCW 90.58.020: Legislative findings—State policy enunciated—Use preference. RCW 90.58.020 Legislative findings—State policy enunciated—Use preference. The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefore, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines. It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: (1) Recognize and protect the statewide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public in the shoreline; (7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single-family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW. Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water. http://app.leg.wa.gov/RCW/default.aspx?cite=90.58.020 1/10/2017 RCW 90.58.020: Legislative findings—State policy enunciated—Use preference. [ 1995 c 347 § 301; 1992 c 105 § 1; 1982 1 st ex.s. c 13 § 1; 1971 ex.s. c 286 § 2.1 NOTES: Finding—Severability—Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. httpllapp.leg.wa.gov/RCW/default.aspx?cite=90.58.020 2J-2 iviap output Page 1 of 1 http://gisserverlservleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 1/10/2017 iviap output Page 1 of 1 ArcIMS HTML Viewer Ma 0t• 3140+0 WtUAOW 02,324009 021324008 - 11 021324006 L Band Selected Features 021324000 Jc_Roads Parcels -H 021324041 02,324004 Parcel Tag" Ha-04�1 Roped - --•• ® SpacUl Rapoa �2,031Q-01 •' 9210101043 hlgn SmP.Q{'�1�1' :C•�q"3GC�pJ'r.}' C(dlkYf SeYIOr i�S Q � ' ij'?: FOR INFQRMATiONAL PURPOSES ONLY - Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. 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Data contained in this map is limited by the method and accuracy of its collection. Tue Jan 10 14:04 17 http://gisserverlservleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 1/10/2017 Map Output Page 1 of 1 ArcIMS HTML Viewer Ma 0253T,01t a2s324u+0 0243 O32 •� � �1 i%!9'J24c�ilS 024324040 r1 j Legend Selected Features — r 421 y JC Roads y 1 Pa ree Is -N SfdP Shoreline 02t3z41 5 023324041 A Environmental Designations Aquakk L3riFfdh Point Rd convwr Gy �.. flTh utm.ay HaL� MA f'"-1 A�wrJly Agvrix 2'0a'i�' � ahaealawR®dmti� I 'Wage gro�daday.'e?v�urcw°r.y ca" Smnaee GIB FOR INFORMATIONAL PURPOSES ONLY - Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Tue Jan 10 14:04:19 2017 http://gisserverlservleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 1/10/2017 Map Output Page 1 of 1 ArcIMS HTML Viewer Ma 023324034 0233240'x0 021324032 021324009 021324040 iH 921055043 Mom %sandedby.a!krs iCamyCc&aSwmh GLS I 016111 I :OR INFORMATIONAL PURPOSES ONLY- lefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its :orrectness or validity. Data contained in this map is limited by the method and accuracy of its collection. Tue Jan 10 14 !017 http://gisserverlservleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.... 1/10/2017 Lagend (3 Selected Features "1,,,/ JC Road. 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FOR INFORMATIONAL PURPOSES ONLY - Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. 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