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Home My WebLink AboutAttachment A TF SMP Mtg 2 2020928SMP Periodic Review Task Force: September 28, 2020 9/28/2020 1 Agenda 29/28/2020 Time Topic of Discussion Presenter(s) 5:30 –5:35 pm Review meeting objectives Lisa Grueter, BERK 5:35 –5:45 pm Public Comment Public Attendees 5:45 –6:00 pm Early results on Story Map and Survey David Wayne Johnson, Jefferson County DCD 6:00 –6:30 pm Scoping document framework: Issues/options from meeting #1 Other changed conditions, Regulatory Reform opportunities Lisa Grueter, BERK; Amy Summe, S&W, All 6:30 –6:40 pm Break All 6:40 –7:20 pm Group Discussion: Continue discussion on scoping document. All 7:20 –7:30 pm Questions, Next Steps, and Adjourn Lisa Grueter, BERK Meeting Objectives 9/28/2020 3 IDENTIFY ADDITIONAL ISSUES TO ADDRESS IN SCOPING DOCUMENT BEYOND MINIMUM REQUIREMENTS. REVIEW EARLY INPUT FROM SURVEY/STORY MAP (DISCUSS DISTRIBUTION AND DATES) Public Comment 49/28/2020 Story Map and Survey •Posted on 9/21 •Limited responses to date •Suggest keeping open until 10/9 •Staff has sent flier today to interested persons •Staff has attended Chamber meeting on project as a whole 9/28/2020 5 Follow up to 9/21 •Periodic Checklist •Shorelines of Statewide Significance •Permit Levels and Review •Climate Change/Sea Level Rise 9/28/2020 6 Periodic Review Checklist •State law, rules and applicable updated guidance adopted between 2007 and 2019 that may trigger the need for local SMP amendments. •Revision to clarify permit filing procedures per 2011 statute •Optional clarifications to exemptions, exceptions, special procedures (e.g. WSDOT, forest practices) •Optional clarifications to definitions •Optional reference to relief procedures for restoration and Ordinary High Water Mark 79/28/2020 Task Force Received February 2020 Draft: •Questions? •Inclusion of optional items? Shorelines of Statewide Significance 9/28/2020 RCW 90.58.020 …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. 8 Definitions: http://app.leg.wa.gov/RCW/default.aspx?cit e=90.58.030 •Marine waters •Lakes over 1,000 acres •Rivers with mean annual flow of 1,000 cfs Permit Levels & Review Shoreline Use or Modification Jefferson County Whatcom County Kitsap County Clallam County Expansion of SF non-conforming structures Only allowed landward. Landward expansion >25% or lateral expansion requires CUP with buffer enhancement. Waterward expansion requires Variance. Expansion of 250 SF of GFA on previously impacted impervious surface allowed. Expansion between 250 and 500 SF of GFA on previously impacted impervious surface allowed, provided not waterward plus buffer enhancement. Other expansions require CUP. Can expand between the standard buffer and a reduced standard buffer with mitigation. No mitigation if expansion is landward and does not require removal of intact native vegetation or expansion of impervious surfaces. Variance is required if expansion extends beyond the reduced standard buffer. Buffers vary by use environment. Reductions require a Variance. Beach access structures Conditional Use (Administrative) in most environments for public and private. Assume permitted (did not see in the use matrix, but other references seem to imply it’s allowed.) Permitted.Permitted in SR – Intensive environment; CUP in SR –Conservancy. Mitigation required. Residential mooring buoy Conditional Use (Administrative) in SR, C, N environments. P in HI environment. Permitted outright in most environments. Permitted outright in most environments. Permitted outright in most environments. 9/28/2020 9 Residential: Similar limits to waterward expansions. More permit flex for landward. Review standards for access & buoys Additional Permit Questions/Suggestions •Review allowances for industrial piers, oil and gas transmission facilities, in Priority Aquatic Environments. •Staff is reviewing background on uses in PA environment. •Forest Practices –why allowed in Natural designations? •State Rules indicate commercial forestry may be allowed as a CUP in the "natural" environment provided it meets the conditions of the State Forest Practices Act, etc. •Aquaculture –consistency in Table 18.25.220, esp geoduck. •State Rules indicate new commercial geoduck aquaculture requires a CUP. More specific rules are at WAC 173-26-241 (3)(b). •Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery. 9/28/2020 10 Other Periodic Review Considerations •Are there inconsistencies between the SMP and the Critical Areas Ordinance? •Periodic review includes addressing updates to guidance, e.g. wetland protection, since SMP was adopted. Considered in CAO update. 9/28/2020 11 Sea Level Rise •Jefferson County SMP (2014)contains the following policy: •Encourage all use and development to address potential adverse effects of global climate change and sea level rise. •Jefferson County Comprehensive Plan is applicable countywide, and also addresses climate change. •Considerations •Area of Influence •Combination of SMP Requirements (e.g. buffers) •Information and Timeline •Coordination •Applicability of Other County Policies •State policies and Rules •Other Examples: Ecology, Whatcom County, Port Townsend. 9/28/2020 12 Sea Level Rise Options for Periodic Review Scope •Options to consider in draft scope: •Retain current SMP policy and monitor Ecology rules •Integrate/reference Comp Plan policies in SMP and monitor Ecology rules •Review policies such as how to consider new information over time and improvements with longer life •Other 9/28/2020 13 Information Requests •Shoreline Inventory/Characterization Maps •“Code interpretations” issued by the County that are relevant to the SMP 9/28/2020 14 Group Discussion •Changes to Local Conditions •Regulatory Reform Opportunities 159/28/2020 Next Steps •Meeting 3: Review first draft of scoping document •October 5, 2020, 5:30 PM 169/28/2020 Appendix 9/28/2020 17 Task Force Purpose •Task Force members will advise Jefferson County Department of Community Development (DCD) on the SMP Periodic Review. •The Task Force will serve as a sounding board to consider possible revisions to the current SMP through the lens of regulatory reform (Resolution 17-19). •The product of the Task Force will be a Scoping Document that lays out the parameters of the SMP periodic review and revision, identifying potential areas of review that are mandatory or community supported. 189/28/2020 Scoping •Early deliverable = scoping document. •Focus of periodic review: •Review amendments to Chapter 90.58 RCW and Ecology rules (WAC) that have occurred since the Jefferson County’s SMP was adopted in 2014. •Identify potential areas of review to address changing local circumstances, new information or improved data. •Consider potential changes to eliminate redundancies and improve clarity as well as address revisions consistent with regulatory reform (Resolution 17-19). •Consider various constraints such as the requirements of State Law, staffing capacity, and resource. 199/28/2020 Permit System •Exemptions •Smaller activities with known conditions •Must meet SMP •Shoreline Substantial Development Permits (SDP) •Permitted uses, subject to permit & SMP •Conditional Use Permit (CUP) •Uses/activities requiring closer review •Administrative or Discretionary •Meet CUP criteria & SMP •Variance (VAR) •Changes to dimensional standards •Discretionary •Meet Variance criteria & SMP •Local government has the primary responsibility for exemptions, and SDPs. •Local governments and Ecology must approve shoreline conditional use permits and variances. 20 45 permits Jan 2015-Feb 2020 ❖26 SCUP ❖10 SDPs/CUP ❖4 SVAR ❖1 SDP/CUP/VAR ❖3 SDP ❖1 SDP Revision 9/28/2020 Permitting Types Category Description Number/Permit Type Residential SF Expansion of Non-conf Structures 11 CUP New Residential Structures 3 VAR, 1 SDP/CUP/Var Access Stairs, trams, trails 2 SDP, 4 SDP/CUP, 2 CUP, 1 VAR Buoy Residential mooring buoys 7 CUP Research Ocean acidification and steelhead monitoring 2 CUP Bulkhead New, repair, or expanded bulkhead 2 SDP/CUP, 2 CUP Dredging Marina maintenance dredging 2 SDP/CUP Septic System Replacement or expansion 1 SDP/CUP (commercial) 1 CUP (residential Miscellaneous 4 projects 219/28/2020