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Home My WebLink AboutPC Hearing_2021_0616 SMP Periodic Review& Code Revisions Planning Commission Hearing June 16, 2021 6/16/2021 1 Topics Background & Outreach Summary of Amendments Proposed Adjustments Clarifying Questions / Hearing 6/16/2021 2 2 Background and Outreach 6/16/2021 3 3 Purpose and Background Per State Rules, Grant, and Local Needs: 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. 4 6/16/2021 4 Periodic Review Checklist 6/16/2021 5 SMP Staff Report Appendix A SMP Laws and Rules Appendix B Survey Results Appendix C Task Force Scoping Summary Appendix D Periodic Review Checklist Appendix E Draft SMP Edits 5 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. 6/16/2021 6 45 permits Jan 2015- Feb 2020 26 SCUP 10 SDPs/CUP 4 SVAR 1 SDP/CUP/VAR 3 SDP 1 SDP Revision Highest Use of Conditional Uses and Variances in State 6 Task Force Scoping 1/26/2021 7 7 Summary of Outreach Public Participation Plan Project Website Story Map and Survey Task Force Stakeholder Meetings: tribal/agencies, marine resources, home builders, others 6/16/2021 8 https://www.co.jefferson.wa.us/1481/Shoreline-Master-Program-Periodic-Review 8 Summary of Amendments 6/16/2021 9 9 Summary of Amendments 6/16/2021 10 10 Summary of Amendments (Cont.) 6/16/2021 11 11 Summary of Amendments (Cont.) 6/16/2021 12 12 Potential Clarifications / Adjustments 6/16/2021 13 13 Topics Liberal Construction of SMP Electric vehicle charging station Treat as transportation/parking amenity like lighting Clarify in definitions/standards as needed Article II Definitions, Parking lot Policies/Regulations at JCC 18.25.520 Stormwater tight-lines with single-family Consider accessory/appurtenant to shoreline use Identify if there are circumstances to require review as variance Aquaculture Shared docks 6/16/2021 14 14 Liberal Construction 18.25.080 Liberal construction. This program is exempt from the rule of strict construction; therefore this program shall be liberally construed to give full effect to its goals, policies and regulations. Liberal construction means that the interpretation of this document shall not only be based on the actual words and phrases used in it, but also by taking its deemed or stated purpose into account. Liberal construction means an interpretation that tends to effectuate the spirit and purpose of the writing. For purposes of this program, liberal construction means that the administrator shall interpret the regulatory language of this program in relation to the broad policy statement of RCW 90.58.020, and make determinations which are in keeping with those policies as enacted by the Washington State Legislature. Meant to be protective and implement SMA intent at RCW 90.58.020 Similar to RCW 90.58.900 This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. 6/16/2021 15 15 Aquaculture (18.25.440) Key Issue: Treatment of conversions of non-geoduck aquaculture to geoduck aquaculture Option 1: Do not require a CUP for conversions of non-geoduck aquaculture to geoduck aquaculture. The WAC allows local government to choose whether conversion requires a CUP. Requiring a CUP may be inconsistent with County regulatory reform objectives Option 2 (Staff preference): Require an administrative CUP for conversions of non-geoduck aquaculture to geoduck aquaculture. Recognizes that non-geoduck and geoduck aquaculture have very different practices and associated environmental effects Requiring an administrative CUP, rather than a discretionary CUP, acknowledges the County’s regulatory reform objectives Note: under both options, the allowance for conversion paired with expansion without a CUP would be eliminated 16 6/16/2021 16 Aquaculture – Options 1 and 2 Text (4) Regulations – General. (b) Ongoing maintenance, harvest, replanting, restocking of or changing the species cultivated in any existing or permitted aquaculture operation is not considered new use/development, and shall not require a new permit, unless or until: (i) For non-geoduck aquaculture, Tthe physical extent of the facility or farm is expanded by more than 25 percent. If the amount of expansion exceeds 25 percent in any 10-year period, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section. This calculation of 25% expansion applies to both in-water and above OHWM development. Any expansions of existing geoduck aquaculture operations require a permit for the expanded area if the existing operation is already permitted or for the entire operation if not already permitted; or (ii) or mMore than 25 percent of the facility/farm changes operational/cultivation methods compared to the conditions that existed as of the effective date of this program or any amendment thereto. If the amount of expansion or change in cultivation method exceeds 25 percent in any 10-year period, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section. This calculation of 25% expansion applies to both in-water and above OHWM development; or 17 17 Aquaculture – Option 1 Text (6) Regulations – Geoduck. (a) Conditional use permits. (i) CUPs are required for new commercial geoduck aquaculture only. Where the applicant proposes to convert existing nongeoduck aquaculture to commercial geoduck aquaculture, a conditional use permit is only required if the conversion includes an increase of more than 25% of either the in-water or above-OHWM operations area or facilities. If there is an expansion exceeds 25%, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section. 18 6/16/2021 18 Aquaculture – Option 2 Text (6) Regulations – Geoduck. (a) Conditional use permits. (i) CUPs are required for new commercial geoduck aquaculture, including . Where the applicant proposes to conversiont of existing non-geoduck aquaculture to commercial geoduck aquaculture and expansions of existing commercial geoduck aquaculture, a conditional use permit is only required if the conversion includes an increase of more than 25% of either the in-water or above-OHWM operations area or facilities. If the expansion exceeds 25%, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section. 19 6/16/2021 19 Shared Use Docks (in 18.25.350) Key Issue: Ecology concerns regarding clarity of terminology and regulations surrounding requirements for shared dock facilities “Community dock/piers/floats” means a single boating facility, excluding marinas, composed of dock, pier and/or float components that serves multiple residential properties, potentially including both upland and waterfront lots, in a subdivision, neighborhood or similar community setting or for use by patrons of a public park or quasi-public recreation area. See also “Shared use.” “Joint use dock/piers/floats” means a single boating facility composed of dock, pier and/or float components for exclusive use by two or more adjacent waterfront lot owners, excluding marinas. See also “Shared use.” 20 6/16/2021 20 Shared Use Regulations (2) Shoreline Environment Regulations. Priority Aquatic. (iii) Boat Launches, Docks, Piers, Floats, and Lifts – Residential. Single-user docks, piers, floats, lifts and boat launches accessory to residential or private recreational development are prohibited unless an applicant can demonstrate that a joint use or community structure is not feasible. Shared boating facilities, such as joint use docks/piers/floats or community docks/piers/floats, accessory to residential or private recreational development may be permitted. 21 6/16/2021 21 Shared Use Regulations (cont’d) (5) Regulations – Docks, Piers, Floats and Lifts – Accessory to Residential Development. (i) Joint use or community docks/piers/floats are required in the following circumstances, unless an applicant can demonstrate that only a single-user facility is feasible: (i) New residential development of two or more dwellings. At least two of the users must own adjacent waterfront lots; if three or more adjoining waterfront lots are part of the new residential development, then no more than one dock/pier/float may be permitted for each three adjoining waterfront lots, with necessary access easements or other legally enforceable shared use agreements to be recorded at the time of permitting. (ii) Existing Rresidential developments with more than four lots or dwelling units. may be granted permits for community docks that are shared by at least one other owner. No more than one dock/pier or /float may be permitted for each three adjoining waterfront lots, with necessary access easements or other legally enforceable shared use agreements to be recorded at the time of permitting. 22 6/16/2021 22 Schedule/Questions 6/16/2021 23 23 Schedule 6/16/2021 24 https://www.co.jefferson.wa.us/1481/Shoreline-Master-Program-Periodic-Review 24 Questions / Hearing 6/16/2021 25 25