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HomeMy WebLinkAboutMCA 26-0090 Work Session Presentation Final CWGCOPA Development Code Amendments Phase Two: Critical Areas Ordinance & Urban Forestry Agenda •Background •Questions for Council •Existing Regulation •Goals and Objectives •Code Amendment Process •Where We Are Heading •Progress Made To-Date •Questions and Discussion 2 Comprehensive Plan Periodic Update •10-year periodic update required by the GMA. •Development code updates scheduled in phases from 2026 – 2028. •Critical Areas Ordinance ( CAO)update is an additional requirement. •Opportunity to ensure all state legislative requirements are met by local code. •Opportunity to look at internal and external environmental compliance and procedures. •Inclusion of best available science (BAS). 3 Phased Development Code Update •Phase 1: Life, Safety and OTC Permit Expansion •Adopted June 2, 2026 •Phase 1.5: GMA Development Codes •Adopted August 18, 2026 •Phase 2: Critical Areas •To be adopted November 17, 2026 4 Phased Development Code Update •Phase 2.5: Urban Forestry •To be adopted Q1 2027 •Phase 3: Zoning and Urban Development •Internal Kickoff Q4 2026 •Phase 4: Sign Code and Secondary Development Codes 5 6 Phased 2 CAO Update Schedule 7 Questions for Council Consideration 1.What types of activities or uses should the City generally support within or near critical areas? 2.Are there activities or uses the City should approach more cautiously? 3.What factors should guide the City’s approach to wetland protection? 4.How proactive should the City be in protecting critical aquifer recharge areas for potential future water-use needs? 8 Questions for Council Consideration 5.How should the City balance viewshed enhancement with protection of critical areas? 6.What role should the City play in encouraging restoration of previously degraded critical areas? 7.What approach should the City take toward tree retention and management on privately owned property? 8.What principles should guide tree retention and management so that impacts and benefits are equitable across the community? 9 Existing Regulation Title 15 – Environment •Lacks clarity and readability. •Best available science is dated. •Does not include protection standards for all critical areas. 10 Goals and Objectives •Align Title 15 with state mandated Critical Areas Ordinance (CAO). •Perform audit of existing codes within Titles 11, 13, &15. •Ensure consistency with Best Available Science and Best Practices. •Improve readability, consistency, and clarity for the public, staff, and contractors. •Future incorporation of Urban Forestry per goals and policies of the Vision 2045 Comprehensive Plan. 11 12 Internal Kickoff •Introduce the amendment scope, goals, and results. •Define the timeline for review and adoption. •Define roles for code writing and review. •Define the external stakeholder committee. •Determine regular meeting dates moving forward. •Adopt a final deliverable workplan. •Review the WA Department of Commerce CAO checklist. Code Development •Re-alignment of existing code. •Regularly scheduled code writing/review workshops with identified staff members. •Department of Commerce CAO Checklist compliance. •New thresholds and application processes and procedures based upon Title 18.02. 13 Public Engagement •Dedicated website •Stakeholder Advisory Committee •Builders Round Table •Newsflash and Press Release. •Todd Ortloff Show on August 5. •Opt-in Email notifications •Planning Commission 14 Implementation •Updated Environmental Planning landing webpage, including FAQ’s and links to handbooks. •Urban Forestry Management Best Practices Handbook. •Urban Forestry lead-team development to coincide with the 2025-2027 Department of Commerce Salmon Planning Grant Award. •CAO Management Handbook for property owners. 15 Where We Are Heading 16 Chapter 15.22 Critical Areas •Shift from “environmentally sensitive areas”. •Redesigned for improved readability. •Article based. •General provisions and review. • One critical area per remaining article. 17 Article I - General Provisions •Updates to and consolidation of definitions. •How GIS mapping is used in determining critical area boundaries. •Clarity around exemptions, allowed, and permitted uses. 18 Exemptions •Unlikely to result in an impact to a critical area or its buffer. •Does not give permission to degrade a critical area or its buffer. •Must meet the precise description stated. •Based on the guidance provided by Department of Commerce. •Emergencies, landscaping maintenance, passive outdoor recreation, trail maintenance, forest practices regulated by the state. 19 Allowed Uses or Activities •Unlikely to result in an impact to critical areas or their buffers. •Require a letter to the Director stating how the activity or use will not impact the critical area(s) or buffer, processed as Type 0 or Type I. •Must use mitigation sequencing (avoid → minimize → mitigate → maintain → compensate → monitor). •Site investigation work, minor modifications to existing structures, operation, maintenance and repairs, trails, vegetation management. 20 Permitted Uses or Activities •Type II Critical Area Development Permits •Permitted uses are the same as those permitted in the underlying zone. •Must be evaluated in accordance with the critical area review requirements, including supporting studies and reports. •Buffer modifications, drainage facilities, utility locations. 21 Reasonable Use Exceptions •Processed as Type III Permits. •“Reasonable” has been left to the courts to decide. •Related to loss of economic use of a property. •Minimum necessary allowance for reasonable economic use of the property. •Compensatory mitigation needed to offset losses. 22 Examples of Reasonable Use Exceptions 23 A B C D Article II: Review Procedures •Critical area report requirements. •Mitigation sequencing and plan requirements. •Identification and markings. •Financial guarantees. •Unauthorized uses and enforcement. 24 Article III: Wetlands •“Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” •Generally include swamps, marshes, bogs, and similar areas. 25 Wetland Buffers •Option 1: Based only on wetland category. •Option 2: Based on wetland category and intensity of impacts. •Option 3: Based on wetland category, intensity of impacts, and wetland functions or special characteristics. 26 Article IV: Critical Aquifer Recharge Areas (CARAs) •CARAs – areas with a critical recharging effect on aquifers used for potable water. •Currently not used for that purpose within City Limits. •Moving forward, what regulation should we have? 27 Article V: Frequently Flooded Areas •Floodplains and other areas subject to flooding. •Based on FEMA Flood Insurance Risk Maps. •Protection of ecological functions and values while protecting buildings, infrastructure, and people from flood risk. •Chapter 15.12 – Flood Damage Prevention. 28 Article VI: Geologically Hazardous Areas •Landslide, erosion, seismic hazard areas, such as marine bluffs and stream ravines. •Reduce risk of damage to structures and property. •Allow for natural geologic processes that support and maintain fish and wildlife habitat. •Special consideration given to climate change risks. 29 Spotlight: Viewshed Enhancements •Allowed activity, provided: •No increase in geological hazards. •Will not negatively impact fish and wildlife habitat. •Will not remove >25% living canopy over five-year period. •No felling, topping, or removal of trees is allowed. 30 Article VII: Fish and Wildlife Habitat Conservation Areas (FWHCAs) •FWHCAs – critically important to maintenance of certain fish, wildlife and/or plant species populations. •All creeks, kelp and eelgrass beds, and any area designated as having endangered, threatened, and sensitive species or habitats. 31 Fish and Wildlife Habitat Conservation Areas (FWHCAs) •Special consideration given to anadromous fisheries. •US Fish and Wildlife, WA DNR, WDFW, NOAA. •Riparian corridors and nearshore habitat. •Habitat connectivity. •Adequate buffer zones to limit incompatible uses. 32 Fish and Wildlife Habitat Conservation Areas (FWHCAs) •Potential for restoring lost/impaired habitat. •Establishing/enhancing non-regulatory approaches to protect and restore. •Encourage restoration of degraded areas. •Incentive protection of these areas – conservation easements or potential City ownership. •Partnerships with local organizations already involved. •Grant funds or general funds to supplement costs. 33 Chapter 15.26: Urban Forestry •Set for future adoption in 2027 •Multiple goals and policies exist in various long-term plans. •Goal: 30% Canopy in all residential neighborhoods. •Chapter 11.13 – Street Trees. •No other tree protection standards. 34 1. What types of activities or uses should the City generally support within or near critical areas? •Other examples of uses or activities that are unlikely to impact critical areas. •How to avoid unconstitutional “taking” of property while also ensuring critical areas are not adversely impacted. •Permitting the same uses as the underlying zone. 35 2. Are there activities or uses the City should approach more cautiously? •Viewshed enhancement or selective clearing. •Higher-risk activities within Critical Aquifer Recharge Areas. •Clean up of previously degraded sites. 36 3. What factors should guide the City’s approach to wetland protection? •Intensity of the proposed use on the landscape. •The wetland rating and habitat value. •Surrounding uses in the vicinity. •What is allowed in the underlying zone (i.e. commercial, industrial, residential) 37 4. How proactive should the City be in protecting critical aquifer recharge areas for potential future water-use needs? •Regulation of hazardous materials. •Regulation of new commercial and industrial uses. •Regulation of agricultural practices and ground disturbing activity. 38 5. How should the City balance viewshed enhancement with protection of critical areas? •Industry practices vs. abilities of local contractors. •Potential negative impact of not allowing any viewshed enhancement. •How to enforce mal-pruning practices, even when permits are received. 39 6. What role should the City play in encouraging restoration of previously degraded critical areas? •Are mitigation sequencing requirements being met? •Continued degradation and enforcement. •Explore joining partner organizations efforts. 40 7. What approach should the City take toward tree retention and management on privately owned property? •How much oversight should the City have? •How to reach tree canopy coverage goals without additional oversight? •Different requirements for tree retention on developed vs. undeveloped lots. 41 8. What principles should guide tree retention and management so that impacts and benefits are equitable across the community? •Who is responsible for ongoing tree maintenance of city-owned and ROW trees? •When trees need to be removed for safety reasons, who is responsible? •How to incentivize tree protection and installation that benefits all community members? 42 Next Steps •8/26 Planning Commission Final Review •9/23 Planning Commission Public Hearing •10/20 City Council 1st Reading •11/17 City Council 2nd Reading and Adoption •Q1/2 2027 City Council Review of Chapter 15.26 43 Thank You! Discussion 44 June 16, 2026 •Motion to direct staff to develop a proposed policy of best practices related to remediation of sites that have been disturbed by human-caused means, such as encampments, within our critical areas where property owners are responsible, including governmental entities, and includes progressive consequences for non-compliance. •Motion was postponed until September 1, 2026. 45