Tacoma Draft SMP September

8/8/2019 Tacoma Draft SMP September

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WORKING DRAFT TACOMA TSMP

DRAFT

Shoreline Master Program

SEPTEMBER 2010CITY OF TACOMA, WASHINGTON


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CHAPTER 1 INTRODUCTION ............................................................................................... ..... ..... .....5

1.1 Purpose and Intent ................................................................................................................. 51.2 Title 61.3 Governing Principles .............................................................................................................61.4 Adoption Authority ................................................................................................................7

1.5 Master Program Amendments ............................................................................................... 71.6 Relationship to Other Plans and Regulations ........................................................................ 81.7 Applicability .........................................................................................................................81.8 Liberal Construction .............................................................................................................. 91.9 Severability............................................................................................................................ 91.10 Effective Date ..................................................................................................................... 91.11 Master Program Review ......................................................................................................9

CHAPTER 2 ADMINISTRATION ................................................................................................. ..... ..10

2.1 General Compliance ............................................................................................................102.2 Administrative Authority and Responsibility ......................................................................112.3 Shoreline Permits and Exemptions ......................................................................................11

2.4 Permit Application Submittal Requirements ......................................................................192.5 Non-Conforming Development ...........................................................................................262.6 Public Notice Requirements ............................................................................................... 292.7 Public Hearings ....................................................................................................................292.8 Enforcement .........................................................................................................................29

CHAPTER 3 GOALS AND OBJECTIVES ............................................................... ..... ..... ..... ..... ..... ..31

3.1 Overarching Shoreline Goal of the City of Tacoma: ..........................................................313.2 Shoreline Land Use .............................................................................................................313.3 Economic Development .......................................................................................................323.4 Conservation ........................................................................................................................32

3.5 Restoration ...........................................................................................................................333.6 Flood Prevention and Flood Damage Minimization ...........................................................343.7 Archaeological, Historic, and Cultural Resources ...............................................................343.8 Public Access .......................................................................................................................353.9 Recreation ............................................................................................................................363.10 Transportation ...................................................................................................................373.11 View and Aesthetics .......................................................................................................... 37

CHAPTER 4 SHORELINES OF STATEWIDE SIGNIFICANCE ....................................................39

4.1 Shoreline Jurisdiction .......................................................................................................... 394.2 Designation of Shorelines of Statewide Significance ..........................................................394.3 Statewide Interests Protected ...............................................................................................40

4.4 Policies for Shorelines of Statewide Significance ...............................................................40CHAPTER 5 SHORELINE ENVIRONMENT DESIGNATIONS ............................................. ..... ....42

5.1 Introduction ..........................................................................................................................425.2 Authority ..............................................................................................................................425.3 Shoreline Environment Designations .................................................................................. 425.4 Official Shoreline Environments Designation Map .............................................................435.5 Shoreline Environment Designations .................................................................................. 44

City of Tacoma Master Program Update 1 of 190 Nov-10


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CHAPTER 6 GENERAL POLICIES AND REGULATIONS ........................................................ .....52

6.1 Shoreline Use .......................................................................................................................526.2 Site Planning ........................................................................................................................546.3 Archeological, Cultural and Historic Resources ..................................................................566.4 Marine Shoreline and Critical Areas Protection ..................................................................58

6.5 Public Access .......................................................................................................................876.6 Vegetation Conservation ......................................................................................................936.7 Views and Aesthetics ...........................................................................................................966.8 Water Quality and Quantity ................................................................................................99

CHAPTER 7 GENERAL USE POLICIES AND REGULATIONS ..................................................101

7.1 Prohibited Uses ..................................................................................................................1017.2 Aquaculture .......................................................................................................................1017.3 Boating Facilities .............................................................................................................. 1017.4 Commercial Use ................................................................................................................ 1087.5 Port, Terminal and Industrial Use ......................................................................................1117.6 Moorage Facilities: Docks, Wharves, Piers, and Floats ................................................... 113

7.7 Recreational Development .................................................................................................1167.8 Residential Development ..................................................................................................1187.9 Signs 1217.10 Parking 1227.11 Transportation ..................................................................................................................1237.12 Solid Waste Disposal ....................................................................................................... 1267.13 Utilities 127

CHAPTER 8 SHORELINE MODIFICATION POLICIES AND REGULATIONS ..... ..... ..... ..... ...129

8.1 General Shoreline Modification Policies ...........................................................................1298.2 Shoreline Stabilization, Bulkheads, Breakwaters, Jetties, Groins, Weirs, Flood Control

Works and In-Stream Structures .........................................................................129

8.3 Fill and Excavation, Dredging and Dredge Material Disposal .........................................1338.4 Clearing and Grading .........................................................................................................1368.5 Ecological Restoration and Enhancement ......................................................................... 137

CHAPTER 9 DISTRICT-SPECIFIC REGULATIONS .....................................................................139

9.1 S-1A Western Slope South S (HI) ..................................................................................... 1399.2 S-1b Western Slop South N (SR) ...................................................................................... 1409.3 S-2 Western Slope Central (UC) ....................................................................................... 1419.4 S-3 Western Slope North (UC) ..........................................................................................1419.5 S-4 Point Defiance Natural (N) ....................................................................................... 1429.6 S-5 Point Defiance Conservation (UC) .......................................................................... 1439.7 S-6 Ruston Way (UC) ........................................................................................................1449.8 S-7 Schuster Parkway (HI) ................................................................................................1459.9 S-8 Thea Foss Waterway (DW) .........................................................................................1469.10 S-9 Puyallup River (UC) ..................................................................................................1569.11 S-10 Port Industrial (HI) ..................................................................................................1579.12 S-11 Marine View Drive (UC) ........................................................................................ 1589.13 S-12 Hylebos Creek (UC) ................................................................................................1589.14 S-13 Waters of the State (A) ............................................................................................159



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9.15 S-14 Wapato Lake (UC) ..................................................................................................1619.16 S-15 Point Ruston / Slag Peninsula (SR) .........................................................................162

CHAPTER 10 DEFINITIONS ..............................................................................................................167

List of Tables

TABLE 6-1 MINIMUM MARINE BUFFERS *..................................................................................65

TABLE 6-2. WETLAND BUFFER WIDTHS.......................................................................................70

TABLE 6-3. LAKES OF LOCAL SIGNIFICANCE*..........................................................................70

TABLE 6-4 MITIGATION RATIOS FOR PROJECTS IN WESTERN WASHINGTON THAT DO

NOT ALTER THE HYDRO-GEOMORPHIC SETTING OF THE SITE***...................................75

TABLE 6-5 STREAM TYPES...............................................................................................................77

TABLE 6-6 STREAMS OF LOCAL SIGNIFICANCE........................................................................77

TABLE 9-7. BUILDING ENVELOPE STANDARDS TABLE........................................................ .152

TABLE 9-8. SHORELINE USE AND DEVELOPMENT STANDARDS ......................... ..... ..... ....164

List of Figures

FIGURE 9-1. WESTERN SLOPE SOUTH (HI)........................................................................... .....139

FIGURE 9-2. WESTERN SLOPE SOUTH (SR)............................................................................. ..140

FIGURE 9-3. WESTERN SLOPE CENTRAL.................................................................................. .141

FIGURE 9-4. WESTERN SLOPE NORTH............................................................................... ........142

FIGURE 9-5. POINT DEFIANCE (N)............................................................................................ ....143

FIGURE 9-6. POINT DEFIANCE (UC)............................................................................................ .144

FIGURE 9-7. RUSTON WAY.............................................................................................................145

FIGURE 9-8. SCHUSTER PARKWAY....................................................................................... ......145

FIGURE 9-9. THEA FOSS WATERWAY...................................................................................... ...146

FIGURE 9-10. PUYALLUP RIVER.............................................................................................. .....156

FIGURE 9-11. PORT INDUSTRIAL............................................................................................. .....157

FIGURE 9-12. MARINE VIEW DRIVE...................................................................................... ......158FIGURE 9-13. HYLEBOS CREEK.......................................................................................... ..........159

FIGURE 9-14. WATERS OF THE STATE........................................................................................160

FIGURE 9-15. WAPATO LAKE.........................................................................................................162

FIGURE 9-16. POINT RUSTON/SLAG PENINSULA................................................................. ....163

List of Appendices



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Appendix A: Unofficial Shoreline MapAppendix B: Shoreline Restoration PlanAppendix C: Tacoma Waterfront Design Guidelines



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CHAPTER 1 INTRODUCTION

1.1 Purpose and Intent

The purposes of this Shoreline Master Program (TTSMP) are:

1. To guide the future development of shorelines in the City of Tacoma in a positive, effective,and equitable manner consistent with the Washington State Shoreline Management Act of1971 (the "Act") as amended (RCW 90.58).

2. To promote the public health, safety, and general welfare of the community by providinglong range, comprehensive policies and effective, reasonable regulations for development anduse of Tacomas shorelines; and

3. To ensure, at minimum, no net loss of shoreline ecological functions and processes and toplan for restoring shorelines that have been impaired or degraded by adopting and fosteringthe following policy contained in RCW 90.58.020, Legislative Findings for shorelines of theState:

"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 andappropriate 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 enhancethe 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...

In the implementation of this policy the public's opportunity to enjoy thephysical and aesthetic qualities of natural shorelines of the State shall be

preserved to the greatest extent feasible consistent with the overall bestinterest 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 uponuse 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, ports, shoreline

recreational uses including but not limited to parks, marinas, piers, andother 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, andother development that will provide an opportunity for substantial

numbers of the people to enjoy the shorelines of the State.

Permitted uses in the shorelines of the State shall be designed andconducted 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."



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1.2 Title

This document shall be known and may be cited as the Tacoma Shoreline Master Program (theProgram, Master Program or TSMP).

1.3 Governing Principles

1. The goals, policies, and regulations of this Program are intended to be consistent with theState shoreline guidelines in Chapter 173-26 of the Washington Administrative Code (WAC).The goals, policies and regulations are informed by the Governing Principles in WAC 173-26-186, and the policy statements of RCW 90.58.020.

2. Any inconsistencies between this Program and the Act must be resolved in accordance withthe Act.

3. Regulatory or administrative actions contained herein must not unconstitutionally infringe onprivate property rights or result in an unconstitutional taking of private property.

4. The regulatory provisions of this Program are limited to shorelines of the state, whereas theplanning functions of this Program may extend beyond the designated shoreline boundaries.

5. The policies and regulations established by the Program must be integrated and coordinatedwith those policies and rules of the Tacoma Comprehensive Plan and developmentregulations adopted under the Growth Management Act (RCW 36.70A) and RCW 34.05.328,Significant Legislative Rules.

6. Protecting the shoreline environment is an essential statewide policy goal, consistent withother policy goals. This Program protects shoreline ecology from such impairments in thefollowing ways:

a. By using a process that identifies, inventories, and ensures meaningful understanding ofcurrent and potential ecological functions provided by shorelines.

b. By including policies and regulations that require mitigation of adverse impacts in amanner that ensures no net loss of shoreline ecological functions. The required mitigationshall include avoidance, minimization, and compensation of impacts in accordance withthe policies and regulations for mitigation sequencing in WAC 173-26-201(2)(e)(i),Comprehensive Process to Prepare or Amend Shoreline Master Programs.

c. By including policies and regulations to address cumulative impacts, including ensuringthat the cumulative effect of exempt development will not cause a net loss of shorelineecological functions, and by fairly allocating the burden of addressing such impacts

among development opportunities.

d. By including regulations and regulatory incentives designed to protect shorelineecological functions, and restore impaired ecological functions where such functionshave been identified.



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1.4 Adoption Authority

1. This Master Program is adopted under the authority granted by the Act and WAC Chapter173-26.

1.5 Master Program Amendments

A. General

1. Any of the provisions of this Master Program may be amended as provided for in RCW90.58.120 and .200 and Chapter 173-26 WAC. Amendments or revision to the MasterProgram, as provided by law, do not become effective until approved by the WashingtonState Department of Ecology.

2. Proposals for shoreline environment re-designation (i.e., amendments to the shorelinemaps and descriptions) must demonstrate consistency with the criteria set forth in WAC 173-

22-040.

B. Planning Commission

1. The Tacoma Planning Commission shall be responsible for hearing and makingrecommendations for action to the City Council on the following types of matters:

2. Amendments to the Shoreline Master Program. Any of the provisions of this Master Programmay be amended as provided for in WAC 173-26-100.

3. Review and adjustments. Periodic review of this Master Program shall be conducted not lessthan once very seven years from the date of adoption. Adjustments shall be made as arenecessary to reflect changing local circumstances, new information or improved data, and

changes in State statutes and regulations. This review process shall be consistent with WAC173-26-090 and shall include a local citizen involvement effort and public hearing to obtainthe views and comments of the public.

C. City Council

1. The Tacoma City Council shall be responsible for making final determinations onamendments to the Shoreline Master Program, for review and approval by Ecology, whichshall be adopted by ordinance. The Council shall enter findings and conclusions setting forththe factors it considered in reaching its decision.

D. State Department of Ecology

1. The duties and responsibilities of the Washington Department of Ecology shall include, butare not limited to the following:

2. Reviewing and approving Master Program amendments prepared by the City of Tacomapursuant to WAC 173-26-120 (State Process for Approving/Amending Shoreline MasterPrograms). Amendments or revisions to the Master Program, as provided by law, do notbecome effective until approved by the Washington State Department of Ecology.



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3. Final approval and authority to condition or deny Shoreline Conditional Use Permits andShoreline Variance Permits filed by the City of Tacoma.

1.6 Relationship to Other Plans and Regulations

1. Uses, developments and activities regulated by this Master Program may also be subject to

the provisions of the Tacoma Comprehensive Plan, the Washington State EnvironmentalPolicy Act ("SEPA," Chapter 43.21C RCW and Chapter 197-11 WAC), other provisions ofthe Tacoma Municipal Code, including Title 13 Land Use Regulatory Code and various otherprovisions of local, state and federal law, as may be amended.

2. In the event this Program conflicts with other applicable City policies or regulations, allregulations shall apply and unless otherwise stated, the more restrictive provisions shallprevail.

3. Proponents of shoreline use/development shall comply with all applicable laws prior tocommencing any shoreline use, development, or activity.

4. Where this Program makes reference to any RCW, WAC, or other state, or federal law orregulation the most recent amendment or current edition shall apply.

1.7 Applicability

1. All proposed uses and development occurring within shoreline jurisdiction must conform tothe Shoreline Management Act and this Program. The policies and regulations of thisProgram apply to all shoreline uses and developments within shoreline jurisdiction whetheror not a shoreline permit or statement of permit exemption is required.

2. This Master Program shall apply to all of the lands and waters within the City limits ofTacoma that fall under the jurisdiction of the Act. This includes the portions of the Puget

Sound, the Puyallup River and Wapato Lake that meet the definition of shorelines of thestate.

3. This Master Program shall apply to every person, individual, firm, partnership, association,organization, corporation, local or state governmental agency, public or municipalcorporation, or non-federal entity which develops, owns, leases, or administers lands,wetlands, or waters that fall under the jurisdiction of the Act.

4. Classification of a use or development as permitted does not necessarily mean theuse/development is allowed. It means the use/development may be allowed subject to reviewand approval by the City and/or the Department of Ecology. The City may attach conditionsof approval to any permitted use via a permit or statement of exemption as necessary to

assure consistency of the project with the Act and the Program.

5. Federal agency actions must comply with this Master Program and the Act.

6. Non-federal agency actions undertaken on private lands must comply with this MasterProgram and the Act when such lands fall within the external boundaries of federally ownedlands (e.g., private in-holdings in the National Forest).



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1.8 Liberal Construction

As provided for in RCW 90.58.900, Liberal Construction, the Act is exempted from the rule ofstrict construction; the Act and this Program shall therefore be liberally construed to give fulleffect to the purposes, goals, objectives, and policies for which the Act and this Program wereenacted and adopted.

1.9 Severability

The Act and this Program adopted pursuant thereto comprise the basic state and city lawregulating use of shorelines in the City of Tacoma. In the event provisions of thisProgram conflict with other applicable city policies or regulations, the more restrictiveshall prevail.

1.10 Effective Date

This Master Program shall take effect on and shall apply to new applications

submitted on or after that date and to incomplete applications submitted prior to that date.

1.11 Master Program Review

This Master Program shall be periodically reviewed and adjustments shall be made as arenecessary to reflect changing local circumstances, new information or improved date, andchanges in State statutes and regulations. This review process shall be consistent withWAC 173-26 requirements and shall include a local citizen involvement effort and publichearing to obtain the views and comments of the public.



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CHAPTER 2 ADMINISTRATION

2.1 General Compliance

1. To be authorized under this Program, all uses and developments shall be planned and carriedout in a manner that is consistent with the TMC and this Program regardless of whether ashoreline substantial development permit, statement of exemption, shoreline variance, orshoreline conditional use permit is required.

2. The City shall not issue any permit for development within shoreline jurisdiction untilapproval has been granted pursuant to the adopted Program.

3. A development or use that does not comply with the bulk, dimensional and/or performancestandards of this Program shall require a shoreline variance even if the development or usedoes not require a substantial development permit.

4. A development or use that is listed as a conditional use pursuant to this Program, or is anunlisted use, must obtain a conditional use permit even if the development or use does notrequire a substantial development permit.

5. Issuance of a shoreline substantial development permit, shoreline variance or shorelineconditional use permit does not constitute approval pursuant to any other federal, state or Citylaws or regulations.

6. All shoreline permits or statements of exemption issued for development or use withinshoreline jurisdiction shall include written findings prepared by the Land Use Administrator,documenting compliance with bulk and dimensional policies and regulations of this Program.The Land Use Administrator may attach conditions to the approval as necessary to assureconsistency with the RCW 90.58 and this Program. Such conditions may include a

requirement to post a performance bond assuring compliance with permit requirements, termsand conditions.

7. Proposed actions that would alter designated critical areas or their buffers, as established bythis Program (TSMP section 6.4) shall be reviewed for compliance with the provisions of thisProgram. Applicable critical area report and/or mitigation plan and/or habitat managementplan shall be prepared consistent with the requirements of TSMP section 6.4.2 and submittedas part of the development application or request for statement of exemption. The criticalarea review shall be conducted and processed in conjunction with the highest threshold ofreview that is applicable to the primary development proposed:

a. Review pursuant to TSMP Section 2.3.3 (List of Exemptions);

b. Land Use Permit or Building Permit;

c. Excavation, Grading, Clearing and Erosion Control Permit;

d. SEPA Threshold Determination;

e. Shoreline Substantial Development Permit;



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f. Shoreline Conditional Use Permit; or

g. Shoreline Variance.

2.2 Administrative Authority and Responsibility

A. Land Use Administrator

1. The Land Use Administrator shall have the authority to act upon the following matters:

a. Interpretation, enforcement, and administration of the Citys Shoreline Master Programas prescribed in this title;

b. Applications for Shoreline Management Substantial Development Permits as prescribedin this title;

c. Applications for Shoreline Conditional Use Permits as prescribed in this title;

d. Applications for Shoreline Variances as prescribed in this title;

e. Modifications or revisions to any of the above approvals.

2.3 Shoreline Permits and Exemptions

2.3.1 Shoreline Substantial Development Permit Required

1. Substantial development as defined by this program and RCW 90.58.030 shall not beundertaken by any person on the shorelines of the state without first obtaining a substantialdevelopment permit from the Land Use Administrator, unless the use or development isspecifically identified as exempt from a substantial development permit, in which case a letter

of exemption is required.

2. The Land Use Administrator may grant a substantial development permit only when thedevelopment proposed is consistent with the policies and procedures of RCW.90.58; theprovisions of WAC 173-27; and this Program.

2.3.2 Exemptions from a Substantial Development Permit

1. Uses and developments that are not considered substantial developments pursuant to RCW90.58.030(3)(e), WAC 173-27-040 (List of Exemptions), and TSMP Section 2.3.3 shall notrequire a substantial development permit but shall conform to the policies and regulations ofthis Program.

2. If any part of a proposed development is not eligible for exemption as defined in RCW90.58.030(3)(e), WAC 173-27-040 and TSMP Section 2.3.3, then a substantial developmentpermit is required for the entire proposed development project.

3. Exemptions shall be construed narrowly. Only those developments that meet the preciseterms of one or more of the listed exemptions may be granted exemptions from thesubstantial development permit process.



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4. The burden of proof that a development or use is exempt is on the applicant or proponent ofthe development action.

2.3.3 Exemptions Listed

The following activities shall be considered exempt from the requirement to obtain a shoreline substantial

development permit but shall obtain a statement of exemption, as provided for in Section 1.8.5:

1. Any development of which the total cost or fair market value, whichever is higher, does notexceed five thousand seven hundred and eighteen dollars ($5,718.00), if such developmentdoes not materially interfere with the normal public use of the water or shorelines of the state.The dollar threshold established in this subsection must be adjusted for inflation by the officeof financial management every five years, beginning July 1, 2007, based upon changes in theconsumer price index during that time period. "Consumer price index" means, for anycalendar year, that year's annual average consumer price index, Seattle, Washington area, forurban wage earners and clerical workers, all items, compiled by the Bureau of Labor andStatistics, United States Department of Labor. The office of financial management mustcalculate the new dollar threshold and transmit it to the office of the code reviser for

publication in the Washington State Registerat least one month before the new dollar thresholdis to take effect. For purposes of determining whether or not a permit is required, the totalcost or fair market value shall be based on the value of development that is occurring onshorelines of the state as defined in RCW 90.58.030(2)(c). The total cost or fair market valueof the development shall include the fair market value of any donated, contributed or foundlabor, equipment or materials;

2. Normal maintenance or repair of existing structures or developments, including damage byaccident, fire or elements. "Normal maintenance" includes those usual acts to prevent adecline, lapse, or cessation from a lawfully established condition. "Normal repair" means torestore a development to a state comparable to its original condition, including but not limitedto its size, shape, configuration, location and external appearance, within a reasonable periodafter decay or partial destruction, except where repair causes substantial adverse effects toshoreline resource or environment. Replacement of a structure or development may beauthorized as repair where such replacement is the common method of repair for the type ofstructure or development and the replacement structure or development is comparable to theoriginal structure or development including but not limited to its size, shape, configuration,location and external appearance and the replacement does not cause substantial adverseeffects to shoreline resources or environment. Relocation and reconfiguration of the structureor development may be performed within the existing property boundaries if the relocation orreconfiguration results in a measurable and sustainable ecological improvement;

3. Construction of the normal protective bulkhead common to single-family residences. A"normal protective" bulkhead includes those structural and nonstructural developmentsinstalled at or near, and parallel to, the ordinary high water mark for the sole purpose ofprotecting an existing single-family residence and appurtenant structures from loss or damageby erosion. A normal protective bulkhead is not exempt if constructed for the purpose ofcreating dry land. When a vertical or near vertical wall is being constructed or reconstructed,not more than one cubic yard of fill per one foot of wall may be used as backfill. When anexisting bulkhead is being repaired by construction of a vertical wall fronting the existingwall, it shall be constructed no further waterward of the existing bulkhead than is necessaryfor construction of new footings. When a bulkhead has deteriorated such that an ordinaryhigh water mark has been established by the presence and action of water landward of the

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bulkhead then the replacement bulkhead must be located at or near the actual ordinary highwater mark.

4. Beach nourishment and bioengineered erosion control projects may be considered a normalprotective bulkhead when any structural elements are consistent with the above requirementsin 5.1.1.5. (3) and when the project has been approved by the state department of fish and

wildlife.

5. Emergency construction necessary to protect property from damage by the elements. An"emergency" is an unanticipated and imminent threat to public health, safety, or theenvironment which requires immediate action within a time too short to allow fullcompliance with this chapter. Emergency construction does not include development of newpermanent protective structures where none previously existed. Where new protectivestructures are deemed by the Land Use Administrator to be the appropriate means to addressthe emergency situation, upon abatement of the emergency situation the new structure shallbe removed or any permit which would have been required, absent an emergency, pursuant tochapter90.58 RCW, these regulations, or and the local master program, shall be obtained. Allemergency construction shall be consistent with the policies and requirements of this of

chapter90.58 RCW and the local master program. As a general matter, flooding or otherseasonal events that can be anticipated and may occur but that are not imminent are not anemergency;

6. Construction or modification of navigational aids such as channel markers and anchor buoys;

7. Construction on shorelands by an owner, lessee or contract purchaser of a single-familyresidence for their own use or for the use of their family, which residence does not exceed aheight of thirty-five feet above average grade level and which meets all requirements of theCity and state agency or local government having jurisdiction thereof, other thanrequirements imposed pursuant to chapter90.58 RCW. "Single-family residence" means adetached dwelling designed for and occupied by one family including those structures and

developments within a contiguous ownership which are a normal appurtenance. An"appurtenance" is necessarily connected to the use and enjoyment of a single-familyresidence and is located landward of the ordinary high water mark and the perimeter of awetland. On a statewide basis, normal appurtenances include a garage; deck; driveway;utilities; fences; installation of a septic tank and drainfield and grading which does not exceedtwo hundred fifty cubic yards (250 cy) and which does not involve placement of fill in anywetland or waterward of the ordinary high water mark. Local circumstances may dictateadditional interpretations of normal appurtenances which shall be set forth and regulatedwithin the applicable master program. Construction authorized under this exemption shall belocated landward of the ordinary high water mark;

8. Construction of a dock, including a community dock, designed for pleasure craft only, for the

private non-commercial use of the owner, lessee, or contract purchaser of a single-family andmultiple-family residences. A dock is a landing and moorage facility for watercraft and doesnot include recreational decks, storage facilities or other appurtenances. This exceptionapplies if either:

a. In salt waters, the fair market value of the dock does not exceed two thousand fivehundred dollars ($2,500.00); For purposes of this section salt water shall include thetidally influenced marine and estuarine water areas of the state including Puget Soundand all bays and inlets associated with such water body; or

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b. In fresh waters the fair market value of the dock does not exceed ten thousand dollars($10,000.00), but if subsequent construction having a fair market value exceeding twothousand five hundred dollars ($2,500.00) occurs within five years of completion of theprior construction, the subsequent construction shall be considered a substantialdevelopment for the purpose of this chapter.

9. For purposes of this section salt water shall include the tidally influenced marine andestuarine water areas of the state including the Pacific Ocean, Strait of Juan de Fuca, Strait ofGeorgia and Puget Sound and all bays and inlets associated with any of the above;

10. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or otherfacilities that now exist or are hereafter created or developed as a part of an irrigation systemfor the primary purpose of making use of system waters, including return flow and artificiallystored ground water from the irrigation of lands;

11. The marking of property lines or corners on state-owned lands, when such marking does notsignificantly interfere with normal public use of the surface of the water;

12. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existingon September 8, 1975, which were created, developed or utilized primarily as a part of anagricultural drainage or diking system;

13. Any project with a certification from the governor pursuant to chapter80.50 RCW80.50(certification from EFSEC);

14. Site exploration and investigation activities that are prerequisite to preparation of anapplication for development authorization under this chapter, if:

a. The activity does not interfere with the normal public use of the surface waters;

b. The activity will have no significant adverse impact on the environment including but notlimited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;

c. The activity does not involve the installation of any structure, and upon completion of theactivity the vegetation and land configuration of the site are restored to conditionsexisting before the activity;

d. A private entity seeking development authorization under this section first posts aperformance bond or provides other evidence of financial responsibility to the localjurisdiction to ensure that the site is restored to pre-existing conditions; and

e. The activity is not subject to the permit requirements of RCW90.58.550(Oil& NaturalGas Exploration in Marine Waters);

15. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020,through the use of an herbicide or other treatment methods applicable to weed control that arerecommended by a final environmental impact statement published by the department ofagriculture or the department of ecology jointly with other state agencies under chapter

43.21C RCW;

http://apps.leg.wa.gov/RCW/default.aspx?cite=80.50http://apps.leg.wa.gov/RCW/default.aspx?cite=80.50http://apps.leg.wa.gov/RCW/default.aspx?cite=80.50http://apps.leg.wa.gov/RCW/default.aspx?cite=80.50http://apps.leg.wa.gov/RCW/default.aspx?cite=90.58.550http://apps.leg.wa.gov/RCW/default.aspx?cite=90.58.550http://apps.leg.wa.gov/RCW/default.aspx?cite=90.58.550http://apps.leg.wa.gov/RCW/default.aspx?cite=17.26.020http://apps.leg.wa.gov/RCW/default.aspx?cite=17.26.020http://apps.leg.wa.gov/RCW/default.aspx?cite=43.21Chttp://apps.leg.wa.gov/RCW/default.aspx?cite=80.50http://apps.leg.wa.gov/RCW/default.aspx?cite=80.50http://apps.leg.wa.gov/RCW/default.aspx?cite=90.58.550http://apps.leg.wa.gov/RCW/default.aspx?cite=17.26.020http://apps.leg.wa.gov/RCW/default.aspx?cite=43.21C


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16. Watershed restoration projects as defined in Chapter 6. The City shall review the projects forconsistency with this Program in an expeditious manner and shall issue its decision alongwith any conditions within forty-five days of receiving all materials necessary to review therequest for exemption from the applicant.

17. A public or private project that is designed to improve fish or wildlife habitat or fish passage,

when all of the following apply:

a. The project has been approved in writing by the department of fish and wildlife;

b. The project has received hydraulic project approval by the state department of fish andwildlife pursuant to chapter77.55 RCW; and

c. The City has determined that the project is substantially consistent with the shorelinemaster program. The City shall make such determination in a timely manner and provideit by letter to the project proponent.

2.3.4 Statement of Exemption

1. Any person claiming exemption from the substantial development permit requirements shallmake an application to the Land Use Administrator for such an exemption in the mannerprescribed by the Land Use Administrator.

2. The Land Use Administrator is hereby authorized to grant or deny requests for statements ofexemption from the shoreline substantial development permit requirement for uses anddevelopments within shorelines that are specifically listed in TSMP Section 2.3.3. Thestatement shall be in writing and shall indicate the specific exemption of this Program that isbeing applied to the development, and shall provide a summary of the Land UseAdministrators analysis of the consistency of the project with this Program and the Act. Theletter shall be sent to the applicant and the Department.

3. Exempt activities related to any of the following shall not be conducted until a statement ofexemption has been obtained from the Land Use Administrator: dredging, flood control andin-water structures, archaeological or historic site alteration, clearing and ground disturbingactivities such as filling and excavation, docks, shore stabilization, or free-standing signs.

4. The Land Use Administrator shall have the authority to require a statement of exemption forany proposed development or use if s/he has cause to believe a substantial question exists asto qualifications of the specific use or development for the exemption or there is a likelihoodof adverse impacts to shoreline ecological functions.

5. No written statement of exemption is required for emergency development pursuant to WAC

173-14-040(1)(d).

6. Statements of exemptions may contain conditions and/or mitigating measures of approval toachieve consistency and compliance with the provisions of the Program and Act.

7. A denial of an exemption shall be in writing and shall identify the reason(s) for the denial. Inaccordance with TSMP Section 2.2, the Land Use Administrators decision on a statement ofexemption is not subject to administrative appeal.

http://apps.leg.wa.gov/RCW/default.aspx?cite=77.55http://apps.leg.wa.gov/RCW/default.aspx?cite=77.55


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2.3.5 Shoreline Variance

1. The purpose of a variance is to grant relief to specific bulk or dimensional requirements setforth in this Program where there are extraordinary or unique circumstances relating to theproperty such that the strict implementation of this Program would impose unnecessaryhardships on the applicant/proponent or thwart the policies set forth in (RCW 90.58.020)this

program.

2. Shoreline variance permits should be granted in circumstances where denial of the permitwould result in a thwarting of the policy enumerated in the SMA (RCW 90.58.020). In allinstances extraordinary circumstances shall be shown and the public interest shall suffer nosubstantial detrimental effect.

3. The Land Use Administrator is authorized to grant a variance from the performance standardsof this Program only when all of the following criteria are met (WAC 173-27-170).

a. That the strict application of the bulk, dimensional or performance standards set forth inthe applicable master program precludes, or significantly interferes with, reasonable use

of the property;

b. That the hardship described in (a) of this subsection is specifically related to the property,and is the result of unique conditions such as irregular lot shape, size, or natural featuresand the application of the master program, and not, for example, from deed restrictions orthe applicant's own actions;

c. That the design of the project is compatible with other authorized uses within the areaand with uses planned for the area under the comprehensive plan and shoreline masterprogram and will not cause adverse impacts to the shoreline environment;

d. That the variance will not constitute a grant of special privilege not enjoyed by the other

properties in the area;

e. That the variance requested is the minimum necessary to afford relief; and

f. That the public interest will suffer no substantial detrimental effect.

4. Variance permits for development and/or uses that will be located waterward of the ordinaryhigh water mark (OHWM), as defined in RCW 90.58.030 (2)(b), or within any wetland orstream as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant candemonstrate all of the following:

a. That the strict application of the bulk, dimensional or performance standards set forth inthe applicable master program precludes all reasonable use of the property;

b. That the proposal is consistent with the criteria established under subsection (2)(b)through (f) of this section; and

c. That the public rights of navigation and use of the shorelines will not be adverselyaffected.



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5. The burden of proving that a proposed shoreline variance meets the criteria of this programshall be on the applicant. Absence of such proof shall be grounds for denial of theapplication.

6. Proposals that qualify per TSMP Section 6.4.3 shall require a shoreline variance.

7. In the granting of all shoreline variances, consideration shall be given to the cumulativeenvironmental impact of additional requests for like actions in the area.

8. Before making a determination to grant a shoreline variance, the City shall consider issuesrelated to the conservation of valuable natural resources, and the protection of views fromnearby public roads, surrounding properties and public areas. Shoreline variance requestsbased on the applicant's/proponents desire to enhance the view from the subject developmentmay be granted where there are no likely detrimental effects to existing or future users, otherfeatures or shoreline ecological functions and/or processes, and where reasonable alternativesof equal or greater consistency with this Program are not available. Shoreline variances shallnot be granted that allow a greater height or lesser shore setback than what is typical for thearea immediately surrounding the development site.

9. A variance from City development code requirements shall not be construed to mean ashoreline variance from shoreline master program use regulations and vice versa.

10. Shoreline variances may not be used to permit a use or development that is specificallyprohibited in an environment designation.

11. The burden of proving that a proposed shoreline variance meets these conditions shall be onthe applicant; absence of such proof shall be grounds for denial of the application.

2.3.6 Shoreline Conditional Use Permit

1. The purpose of the conditional use permit is to provide greater flexibility in varying theapplication of the use regulations of the shoreline master program in a manner which will beconsistent with the policies of RCW 90.58 this program, particularly where denial of theapplication would thwart the policies of the Shoreline Management Act.

2. When a conditional use is requested, the Land Use Administrator shall be the final approvalauthority for the City. However, shoreline conditional uses must have approval from the state.Department of Ecology shall be the final approval authority under the authority of WAC 173-27-200.

3. Conditional use permits shall be authorized only when they are consistent with the followingcriteria:

a. The proposed use is consistent with the policies of RCW 90.58.020, WAC 173-27-160and all provisions of this Program;

b. The use will not interfere with normal public use of public shorelines;

c. That the proposed use of the site and design of the project is compatible with otherauthorized uses within the area and with uses planned for the area under thecomprehensive plan and this Program;



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d. The public interest will suffer no substantial detrimental effect;

e. Consideration has been given to cumulative impact of additional requests for like actionsin the area.

4. Other uses not set forth in the shoreline master program may be authorized through a

conditional use permit if the applicant can demonstrate that other the proposed uses are isconsistent with the purpose of the shoreline environmental designation and compatible withexisting shoreline improvements or that extraordinary circumstances preclude reasonable useof the property; however, uses specifically prohibited by the master program may not beauthorized.

5. The burden of proving that a proposed shoreline conditional use meets the criteria of thisprogram in WAC 173-27-160 shall be on the applicant. Absence of such proof shall begrounds for denial of the application.

6. The City is authorized to impose conditions and standards to enable a proposed shorelineconditional use to satisfy the conditional use criteria.

2.3.7 Ecology Review

1. Ecology shall be notified of any Substantial Development, Conditional Use or VariancePermit decisions made by the Land Use Administrator (or Hearing Examiner when requiredpursuant to TMC 13.05.060), whether it is an approval or denial. The notification shall occurafter all local administrative appeals related to the permit have concluded or the opportunityto initiate such appeals has lapsed. When a Substantial Development Permit and eitherConditional Use or Variance Permit are required for a development, the submittal of thepermits shall be made concurrently. The Land Use Administrator shall file the followingwith the Department of Ecology and Attorney General:

a. A copy of the complete application per WAC 173-27-180;

b. Findings and conclusions that establish the basis for the decision including but notlimited to identification of shoreline environment designation, applicable Master Programpolicies and regulations and the consistency of the project with appropriate reviewcriteria for the type of permit(s);

c. The final decision of the City;

d. The permit data sheet per WAC 173-27-990;

e. Affidavit of public notice; and

f. Where applicable, the Land Use Administrator shall also file the applicable documentsrequired by the State Environmental Policy Act (RCW 43.21C).

2. When the project has been modified in the course of the local review process, plans or textshall be provided to Ecology that clearly indicates the final approved plan.

3. If Ecology determines that the submittal does not contain all of the documents andinformation required by this section, Ecology shall identify the deficiencies and notify the



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City and the applicant in writing. Ecology will not act on Conditional Use or Variance Permitsubmittals until the material requested in writing is submitted to them.

4. Ecology shall convey to the City and applicant its final decision approving, approving withconditions, or disapproving the permit within thirty days (30) of the date of submittal by theCity. The Land Use Administrator will notify those interested persons having requested

notification of such decision.

5. Ecology shall base its determination to approve, approve with conditions or deny aConditional Use Permit or Variance Permit on consistency with the policy and provisions ofthe SMA and the criteria listed in this Program.

2.4 Permit Application Submittal Requirements

All applications for a shoreline substantial development permit, conditional use, variance, orshoreline exemption shall provide the following:

1. An assessment of the existing ecological functions and/or processes provided by topographic,

physical and vegetation characteristics of the site. Such assessments shall include thefollowing general information:

a. Impacts of the proposed construction/use/development on ecological processes with cleardesignation of existing and proposed routes for water flow, wildlife movement and otherfeatures.

b. Infrastructure requirements such as parking, services, lighting and other features and anassessment of the effects of those infrastructure improvements on shoreline ecologicalfunctions and/or processes.

2.4.1 Critical Areas

A. Shoreline Critical Areas Review

1. City staff will provide an initial site review based on existing information, maps and apotential site visit to identify marine buffers, wetlands, streams, and their associated bufferswithin 300 feet of a proposed project. The review distance for FWHCA management areaswill be based on the type of priority habitat or species and WDFW recommendations. Sitereviews are completed on a site by site basis and the City may provide preliminaryinformation or require an applicant provide information regarding the ordinary high watermark location, wetland delineation, wetland categorization, stream type, hydrology report, orpriority fish and wildlife species and habitat presence information. Formal PHS informationis available from WDFW.

2. The Building and Land Use Services Division may utilize information from the United StatesDepartment of Agriculture Natural Resource Conservation Service, the United StatesGeological Survey, the Washington Department of Ecology, the Coastal Zone Atlas, theWashington Department of Fish and Wildlife stream maps and Priority Habitat and Speciesmaps, Washington DNR Aquatic Lands maps, the National Wetlands Inventory maps,Tacoma topography maps, the Citys Generalized Wetland and Critical Areas Inventorymaps, and Pierce County Assessors maps to establish general locations and/or verify thelocation of any wetland, or stream, or FWHCA site. The Citys Generalized Wetland and



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Critical Area Inventory maps and other above-listed sources are only guidelines available forreference. The actual location of critical areas must be determined on a site by site basisaccording to the classification criteria.

3. The Land Use Administrator shall make a determination based on the site review described in2.4.1, whether application for a shoreline permit or exemption will be required to include the

marine shoreline and critical areas information specified in 2.4.1(B) below. The Land UseAdministrator may require additional information on the physical, biological, andanthropogenic features that contribute to the existing ecological conditions and functions tomake this determination.

B. Application Requirements

1. Application for any shoreline development permit or exemption for a project or use whichincludes activities within a marine shoreline buffer, wetland, stream, fish and wildlife habitatconservation area (FWHCA) or their associated buffer shall comply with the provisions ofthis section and shall contain the information listed in 6.4.2 including the following:

a. A Joint Aquatic Resources Permit Application including, but not limited to, a descriptionof the proposal, vicinity map for the project and identification of all the local, state and/orfederal related permit(s) required for the project.

b. A technical report that identifies and characterizes all critical areas, including wetlands,streams, fish and wildlife conservations areas and their associated priority species and/orhabitats, water bodies, shorelines, marine buffer areas, floodplains and associated bufferson or adjacent to the project area. For areas off-site but within 300 feet of the projectboundaries, estimate conditions using best available information. Review for priorityspecies may extend beyond 300 feet and will be based on WDFWs publishedmanagement recommendations for each species. The report shall include the following:

i. The name, qualifications, and contact information for the primary author(s);

ii. Documentation of any fieldwork performed on the site, including field datasheets for delineations, functional assessments, baseline hydrologic data, etc.Wetland Delineations shall be prepared according to the currently adoptedDepartment of Ecology, Washington State Wetlands Identification andDelineation Manual; FWHCA Delineations and ordinary high water mark shallbe prepared according to professional standards;

iii. A description of the methodologies used to conduct the wetland delineations,functional assessments, or impact analyses including references;

iv. The appropriate wetland rating, stream type, type of priority species and/orhabitat, any critical marine resources, any WDFW managementrecommendations and required buffers for each critical area identified;

v. A characterization of the marine shoreline or critical area including but notlimited to size, rating and classification will be based on the entire system, notonly the portions present on the project site;



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vi. For wetlands, the Cowardin classification and hydrogeomorphic classification,habitat elements, and to the extent possible hydrologic information such aslocation of inlet/outlets (if they can be legally accessed), estimate water depthsand hydro-period patterns within the wetland based on visual cues (e.g. algalmats, drift lines, flood debris, etc.);

vii. A discussion of the proposed project and the potential direct and indirect physicaland biological impacts;

viii.A hydrologic study or narrative as required by staff, for the wetland or streamidentifying the contributing basin and demonstrating that pre and postdevelopment flows will be maintained;

ix. Demonstration that all runoff from pollution generating surfaces discharging toshorelines, wetlands, streams or FWHCA shall receive water quality treatment inaccordance with the current Citys Surface Water Management Manual. Waterquality treatment is required for all sites irrespective of the thresholds establishedin this Manual; and

x. Any other information deemed necessary to verify compliance with theprovisions of this chapter.

c. In the event of conflicts regarding information in the report, the Land Use Administratormay, at the applicants expense, obtain competent expert services to verify informationand establish a final delineation;

d. A copy of the site plan sheet(s) for the project must be included with the written reportand must include, at a minimum:

i. A surveyed site plan that identifies the development proposal, all SMA shorelines

and marine buffers, critical areas and their associated buffers including squarefootage estimates for critical areas, buffers, and areas of proposed impacts. Theon-site marine buffer shall be surveyed and based on the ordinary high watermark. Wetland boundaries shall be surveyed and based upon a wetlanddelineation. On-site stream boundaries shall be surveyed and based on thestreams ordinary high water mark;

ii. Buffers for off-site critical areas that extend onto the project site;

iii. The development proposal including the location of proposed utilities includingstormwater management facilities, specification of all proposed draining,excavation, filling, grading and dredging; and

iv. Two-foot contours, terrain, and drainage flow, significantly vegetated areas anddominate vegetation, existing site improvements/structures, drainage controlfacilities (natural and artificial), existing utilities above and below ground whereappropriate and required by the City.

e. For shoreline permits and exemptions that will have impacts to Wetland/Stream/FWHCAor marine buffers, the additional following information is required.



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i. A description of reasonable efforts made to apply mitigation sequencing pursuantto TSMP Section 6.4.2(C);

ii. An analysis of site development alternatives including a no developmentalternative;

iii. An assessment and documentation of the shoreline and/or critical areas functionalcharacteristics, along with its ecological, aesthetic, economic, and other values.Functional analysis must be done using a functional assessment methodrecognized by local or state agency staff and shall include a reference for themethod and all data sheets.

iv. An assessment of the probable cumulative impacts resulting from the proposeddevelopment;

v. A mitigation plan for impacts associated with actions. The mitigation plan mustbe in conformance with the General Mitigation Requirements under TSMPSection 6.4.2(C) and (D) as well as the specific mitigation requirements

contained in this section;

vi. A study of potential flood, erosion or other hazards on the site and provisions forprotective measures that might be taken to reduce such hazards as required byCity staff; and

vii. A Construction Stormwater Pollution Prevention Plan that shall be submitted bythe applicant in accordance with the current Citys Surface Water ManagementManual.

f. For development proposals that will have impacts to a FWHCA, a habitat managementplan, biological evaluation, or equivalent shall be submitted. The report shall incorporate

the items within this section and shall include also include at a minimum:

i. Analysis and discussion on the projects effects on critical fish and wildlifehabitat;

ii. An assessment and discussion on special management recommendations whichhave been developed for species or habitats located on the site by any federal orstate agency;

iii. Proposed mitigation measures which could minimize or avoid impacts and areconsistent with 6.4.2(C);

iv. An assessment and evaluation of the effectiveness of mitigation measuresproposed; and

v. An assessment and evaluation of ongoing management practices which willprotect critical fish and wildlife habitat after development of the project site,including proposed monitoring and maintenance programs.

2. Technical reports shall be submitted and the Land Use Administrator shall review allinformation submitted as to its validity and may reject it as incomplete or incorrect. All



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technical reports shall be prepared by a qualified professional as defined in TSMP Chapter10.

2.4.2 Boating Facilities

1. Application Requirements. Applications for new boating facilities, including marinas and

launch ramps, shall be approved only if enhanced public access to public waters outweighsthe potential adverse impacts of the use. Applications shall be accompanied by supportingapplication materials that document the market demand for such facilities, including

a. The total amount of moorage proposed;

b. The proposed supply, as compared to the existing supply within the service range of theproposed facility, including vacancies or waiting lists at existing facilities;

c. The expected service population and boat ownership characteristics of the population;

d. Existing approved facilities or pending applications within the service area of the

proposed new facility.

2. New marinas with in-water moorage and expansion of in-water moorage facilities in existingmarinas shall be approved only when:

a. Opportunities for upland storage sufficient to meet the demand for moorage are notavailable on site.

3. Applications for launch ramps shall contain:

a. A habitat survey;

b. A slope bathymetry map;

c. Evaluation of effects on littoral drift.

4. Applications for marinas, launch ramps, and accessory uses shall include an assessment ofexisting water-dependent uses in the vicinity including, but not limited to, navigation, fishing,shellfish harvest, pleasure boating, swimming, beach walking, picnicking and shorelineviewing and document potential impacts and mitigating measures. Impacts on these resourcesshall be considered in review of proposals and specific conditions to avoid or minimizeimpacts may be imposed.

5. Marina and launch ramp proposals may be required to prepare a visual assessment of viewsfrom surrounding residential properties, public viewpoints and the view of the shore from thewater surface.

2.4.3 Archaeological, Cultural and Historic Resources

A. Known Archaeological, Cultural and Historic Resources

1. Applications for a shoreline permit or request for a statement of exemption shall identifywhether the property is within 500 feet of a site known to contain an historic, cultural or



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archaeological resource(s). Records of known sites are restricted. Consultation withWashington Department of Archaeology and Historic Preservation or a certifiedarchaeologist will be required. If the property is determined to be within 500 feet of a siteknown to contain an historic, cultural, or archaeological resources, the City shall require acultural resource site assessment; provided that, the provisions of this section may be waivedif the Land Use Administrator determines that the proposed development activities do not

include any ground disturbing activities and will not impact a known historic, cultural orarchaeological site. The site assessment shall be conducted in accordance with WashingtonState Department of Archaeology and Historic Preservation guidelines for survey and sitereporting to determine the presence of significant historic or archaeological resources. Thefee for the services of the professional archaeologist or historic preservation professionalshall be paid by the landowner or responsible party.

2. If the cultural resource site assessment identifies the presence of significant historic orarchaeological resources, a Cultural Resource Management Plan (CRMP) shall be preparedby a professional archaeologist or historic preservation professional shall be paid by thelandowner or responsible party. In the preparation of such plans, the professionalarchaeologist or historic preservation professional shall solicit comments from the

Washington State Department of Archaeology and Historic Preservation, and the PuyallupTribe. Comments received shall be incorporated into the conclusions and recommendedconditions of the CRMP to the maximum extent practicable.

3. A CRMP shall contain the following minimum elements:

a. The CRMP shall be prepared by a qualified cultural resources consultant, as defined bythe Washington State Department of Archaeology and Historic Preservation.

b. The CRMP shall include the following information:

i. Description of the Area of Potential Effect (APE) for the project, including a

general description of the scope of work for the project and the extent and locationsof ground disturbing activities. Ground disturbing activities include excavations forfootings, pilings, utilities, environmental testing or sampling, areas to be clearedand/or graded, demolition, removal or relocation of any existing structures, and anyother ground disturbances that may occur as a result of construction activities.

ii. Photographs of the APE, including existing structures and areas of constructionactivities.

iii. An examination of project on-site design alternatives;

iv. An explanation of why the proposed activity requires a location on, or accessacross and/or through, a significant historic or archaeological resource; and

v. Citations with dates, of any previous written documentation on listed or knownculturally significant sites. In compiling this information consultations with thefollowing agencies shall be necessary. A list of the agency officials that wereconsulted with shall be included:



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(A) State Department of Archaeology and Historic Preservation to identifybuildings, sites or objects within the APE that are listed on or the NationalRegister of Historic Places or the Washington State Heritage Register.

(B) City of Tacoma Historic Preservation Office to identify any buildings, sites,or objects within the APE listed on the Tacoma Register of Historic Places.

(C) The Puyallup Tribe of Indians Historic Preservation Section to identify anybuildings, sites, or objects within the APE within the 1873 Land ClaimsSettlement Survey Area, and areas regulated under TMC 13.10 ShorelineManagement.

vi. An assessment of probable adverse impacts to culturally significant buildings,sites or objects, resulting from:

(A) Demolition of any buildings or structures over 50 years of age.

(B) The potential for the site to contain historic or prehistoric archaeological

materials, based on the topography of the property, historical literature,geological data, geographical context, or proximity to areas of knowncultural significance.

vii. A description of how potential adverse effects to cultural resources as a result ofconstruction activities will be mitigated or minimized. Mitigation includes but is notlimited to:

(A) Additional consultation with Federal, State, local and Tribal officials orTacoma Landmarks Commission.

(B) Additional studies such as pedestrian surveys, subsurface testing, remote

sensing, phased or periodic testing as a part of any geotechnical assessmentor soil testing required for the project, or monitoring during construction.

(C) Subject to review and approval of the Citys Historic Preservation Officerother potential mitigation measures may include:

Avoidance of historic/cultural resources

Retention of all or some of historic structure into a newdevelopment

Interpretive/educational measures

Off-site/on site preservation of another historic resource

Recording the site with the State Department of Archaeologyand Historic Preservation, or listing the site in the National Register of

Historic Places, Washington Heritage Register, as applicable, or anylocally developed historic registry formally adopted by the City ofTacoma;

Preservation in place;

Reinterment in the case of grave sites;

Covering an archaeological site with a nonstructural surface todiscourage pilferage (e.g., maintained grass or pavement); Excavationand recovery of archaeological resources;



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Inventorying prior to covering of archaeological resources withstructures or development; and

Monitoring of construction excavation.

4. Upon receipt of a complete development permit application in an area of knownhistoric/archaeological resources, the City shall notify and request a recommendation from

appropriate agencies such as the Washington State Department of Archaeology and HistoricPreservation, and the Puyallup Tribe. Recommendations of such agencies and other affectedpersons shall be duly considered and adhered to whenever possible and reasonable.

5. The recommendations and conclusions of the CRMP shall be used to assist the Administratorin making final administrative decisions concerning the presence and extent ofhistoric/archaeological resources and appropriate mitigating measures. The Administratorshall consult with the Washington State Department of Archaeology and HistoricPreservation, and the Puyallup Tribe prior to approval of the CRMP.

6. The Administrator may reject or request revision of the conclusions reached in a CRMP whenthe Administrator can demonstrate that the assessment is inaccurate or does not fully address

the historic/archaeological resource management concerns involved.

B. Unanticipated Discovery of Archaeological, Cultural and Historic Resources

1. All applications for a shoreline permit or request for a statement of exemption shall prepare aplan for the possible unanticipated discovery of historic, cultural or archaeologicalresource(s), including a point of contact, procedure for stop-work notification, and fornotification of appropriate agencies.

2.5 Non-Conforming Development

A. Nonconforming Uses

1. Nonconforming Uses include shoreline uses which were lawfully established prior to theeffective conform to present regulations or standards of the date of the Act or the MasterProgram, or amendments thereto, but which do not Master Program or policies of the Act.The continuance of a nonconforming use is subject to the following standards:

a. Change of ownership, tenancy, or management of a nonconforming use shall not affectits nonconforming status, provided that the use does not change or intensify;

b. Additional development of any property on which a nonconforming use exists shallrequire that all new uses conform to this Master Program and the Act;

c. If a nonconforming use is converted to a conforming use, no nonconforming use may beresumed;

d. A nonconforming use may convert to another nonconforming use of a similar intensity,provided the conversion does not increase any detrimental impact to the shorelineenvironment;

e. When the operation of a nonconforming use is vacated or abandoned for a period of 12consecutive months or for 18 months of any 3-year period, the nonconforming use rights



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shall be deemed extinguished and the future use of such property shall be in accordancewith the permitted and conditional use regulations of the Shoreline District in which it islocated;

f. If a nonconforming use is damaged by fire, flood, explosion, or other natural disaster andthe damage is less than seventy-five percent (75%) of the replacement cost of the

structure or development, such use may be resumed at the time the building is repaired;Provided, such restoration shall be undertaken within 18 months following said damage;

g. Normal maintenance and repair of a nonconforming use or structure may be permittedprovided all work is consistent with the provisions of this Program.

B. Nonconforming Structures

1. Nonconforming structures includes shoreline structures which were lawfully constructed orplaced prior to the effective date of the Act or the Master Program, or amendments thereto,but which do not conform to present bulk, height, dimensional, setback, or densityrequirements. Nonconforming structures may continue even though the structures fail to

conform to the present requirements of the district in which they are located. Anonconforming structure may be maintained as follows:

a. If a nonconforming structure or development is damaged by fire, flood, explosion, orother natural disaster and the damage is less than seventy-five percent (75%) of thereplacement cost of the structure or development, it may be restored or reconstructed tothose configurations existing at the time of such damage, provided:

i. The reconstructed or restored structure will not cause additional adverse effectsto adjacent properties or to the shoreline environment; and

ii. The rebuilt structure shall not expand the footprint or height of the damaged

structure;

iii. No degree of relocation shall occur, except to increase conformity or to increaseecological function, in which case the structure shall be located in the leastenvironmentally damaging location possible;

iv. The submittal of applications for permits necessary to restore the development isbegun within eighteen (18) months of the damage. The Land Use Administratormay waive this requirement in situations with extenuating circumstances; and

v. The reconstruction is commenced within one (1) year of the issuance of permits.The Land Use Administrator may allow a one (1) year extension.

b. Except where otherwise specified in this Program, if a non-conforming structure ordevelopment is damaged by fire, flood, explosions, or other natural disaster and thedamage exceeds seventy-five percent (75%) of the replacement cost of the originalstructure or development, all reconstructed or restored structures shall conform to theprovisions of this Program and all applicable City codes. However, any residentialstructures, including multifamily structures, may be reconstructed up to the size,placement and density that existed prior to the catastrophe, so long as the conditions in2.5(B) are met.



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c. A nonconforming building or structure may be repaired and maintained as provided inand as limited by this section. The maintenance of such building or structure shall includeonly necessary repairs and incidental alterations, which alterations, however, shall notextend the nonconformity of such building or structure; provided that necessaryalterations may be made as required by other law or ordinance.

d. Changes to interior partitions or other nonstructural improvements and repairs may bemade to a nonconforming structure; provided that the cost of the desired improvement orrepair does not exceed one-half of the replacement cost of the nonconforming structureover any consecutive five-year period, with replacement cost determined according to theBuilding Code.

2. The Administrator may allow a one time landward enlargement or expansion of a non-conforming structure by the addition of space to the exterior of the main structure or theaddition of normal appurtenances provided that the expansion is consistent with all otherProvisions of this Program and subject to the following:

a. The structure is located landward of the ordinary high water mark; and

b. No enlargement or expansion will occur waterward of the existing structures foundationwalls; and

c. The increase/expansion in total footprint area does not have an adverse impact on acritical area; and

d. Any increased height does not significantly impair the publics view of the shoreline orresult in significant shading of the nearshore;

e. Upon application for the one time enlargement or expansion, the applicant shall recordnotice on Title;

f. Any enlargement or expansion of that portion of the structure or development that iswithin a buffer area, and that occurs parallel to the ordinary high water mark, shall bereplaced at a 1:1 ratio of square footage, with restored marine buffer. The restored marinebuffer shall be in accordance with the landscaping requirements in TSMP section 6.7.2.

g. Expansion or enlargement is subject to the mitigation requirements for impacts to theshoreline marine buffer or critical areas and their buffers contained in TSMP section6.4.2.

3. The Administrator may allow a one time expansion of nonconforming overwater structuresup to ten (10) percent of the total square footage of the structure, provided there is no increasein overwater area or overall height of the structure and the expansion is consistent with allother provisions of this Program. The applicant shall record notice on Title.

C. Nonconforming Lots

1. Undeveloped lots, tracts, parcels, or sites located landward of the ordinary high water markthat were established prior to the effective date of the Act and the Master Program, oramendments thereto, but that do not conform to the present lot size or density standards are



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considered nonconforming lots of record and are legally buildable subject to the followingconditions:

a. All new structures or additions to structures on any nonconforming lot must meet allsetback, height and other construction requirements of the Master Program and the Act.

b. Parcel modifications, such as a boundary line adjustment, property combinations,segregations, and short and long plats shall be allowed, without need for a variance, tomodify existing parcels that are nonconforming to minimum lot size requirements, suchas minimum area, width or frontage, as long as such actions would make thenonconforming parcel(s) more conforming to the minimum lot size requirements andwould not create any new or make greater any existing nonconformities.

2.6 Public Notice Requirements

A. Public notice for applications shall be provided in accordance with TMC 13.05 Land Use PermitProcedures. This may include mailed public notice, posting signs on the site, newspaper noticeand notice to qualified neighborhood groups. The public shall be provided with opportunity to

comment upon applications in accordance with TMC 13.05.

2.7 Public Hearings

A. General

1. Appeals of administrative decisions shall be reviewed in accordance with the proceduresdescribed in TMC 13.05 Land Use Permit Procedures.

2. The purpose of this section is to cross reference the procedures for appealing administrativedecisions on land use proposals.

3. The provisions of this section shall apply to any order, requirement, permit, decision, ordetermination on land use proposals made by the Land Use Administrator. These mayinclude, but are not limited to, variances, shoreline, short plat, wetland/stream

Documents

Tacoma Draft SMP September