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032-16 - Ordinance - Amendments to the City's 2013 Shoreline Master ProgramORDINANCE NO. 032-16 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO AMENDMENTS TO THE CITY'S 2013 SHORELINE MASTER PROGRAM REGARDING REDEVELOPMENT OF SHORELINE PROPERTIES AND MINOR CLARIFICATIONS AND CORRECTIONS; AMENDING CHAPTERS 6, 7, 8, 9 AND 12 AND ADDING A NEW APPENDIX E TO THE 2013 SHORELINE MASTER PROGRAM, WHICH IS CODIFIED UNDER POMC 18.30.010; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on March 26, 2013, the Port Orchard City Council (the "City Council") approved Ordinance 005-13, which adopted the City of Port Orchard's (the "City") 2013 Shoreline Master Program and codified it under Chapter 18.30 of the Port Orchard Municipal Code; and WHEREAS, the City desires to adopt updates to the 2013 Shoreline Master Program to address redevelopment of shoreline properties and to make certain clarifications and corrections; and WHEREAS, on August 2, 2016, the City provided required 60-day notice of its intent to amend the 2013 Shoreline Master Program to the Department of Ecology and the Department of Commerce; and WHEREAS, on August 26, 2016, the City's SEPA official issued a determination of non- significance for the proposed changes to the Shoreline Master Program and there have been no appeals; and WHEREAS, on September 14, 2016, the Planning Commission held a duly-noticed public hearing on the proposed changes to the Shoreline Master Program, and public testimony was received, and the Planning Commission recommended approval of the proposed changes; now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as findings in support of this ordinance. Ordinance No. 032-16 Page 2 of 17 SECTION 2. Development Regulations G-DR-12 and G-DR-13 of Section 6.5, Chapter 6 - "General Shoreline Master Program Policies and Regulations" of the 2013 Shoreline Master Program adopted by Ordinance No. 005-13 are hereby deleted. The subsequent development regulations in Chapter 6 and following chapters of the Shoreline Master Program shall be renumbered but are otherwise unchanged and in full force and effect, unless otherwise indicated in this ordinance or its Attachment 1. SECTION 3. Development Regulation SMP-GP-32 of Section 6.6, Chapter 6, "General Shoreline Master Program Policies and Regulations" of the 2013 Shoreline Master Program adopted by Ordinance No. 005-13 is hereby amended to read as follows: 6.6 Shoreline Vegetation Conservation Management Policies SMP-GP-32 The City shall develop and apply standards and regulations that require shoreline development and uses to meet the no net loss standard for maintenance of shoreline ecological functions. SECTION 4. Sections 7.2, 7.5 and 7.10 of Chapter 7, "Shoreline Development Standards and Use Regulations" of the Shoreline Master Program adopted by Ordinance No. 005-13 are hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect: 7.2 Shoreline Development Standards Matrix DEVELOPMENT STANDARDS SETBACKS AND HEIGHT REQUIREMENTS (In feet) NATURAL URBAN CONSERVANCY HIGH INTENSITY SHORELINE RESIDENTIAL AQUATIC Agriculture Cultivation / Grazing setback X 100 100 100 X Building Setback X 100 50 50 X Height limits (See underlying zoning Code or overlay districts - POMC Chapter 16) Aquaculture Water-dependent setback X 0 0 0 0 Ordinance No. 032-16 Page 3 of 17 Water-related setback1 X 50 25 35 X Height limits: Upland (See underlying zoning Code or overlay districts - POMC Chapter 16) Over-water X X X X 15 Boating Facilities & Boat Launches Water-dependent setback 0 0 0 0 0 Building setback1 X 50 25 25 n/a Height limits:2 Upland (See underlying zoning Code or overlay districts - POMC Chapter 16) Overwater structures X X X X 30 Commercial Development Water-dependent setback X 0 0 X 0 Water-related setback1 X 100 25 X 0 Non-water oriented setback1 X X 75 X X Building height limit (See POMC Ch. 16) Forest Practices Setback X 100 n/a 75 n/a Industrial Development Building Setbacks: Water-dependent X X 0 X 0 Water-related1 X X 50 X X Non-water oriented1 X X 100 X X Height Limits (See POMC Ch. 16) Parking Accessory 150 100 10 10 X Primary X 100 25 0 X Recreational Development Water-dependent n/a 0 0 0 0 Water-related/oriented1 10 10 0 0 X Non-water oriented (unless specified below)1 100 75 25 25 X Access Roads, restrooms, & accessory buildings X 100 25 25 X Parking Areas X 50 10 0 X Golf Courses or sports fields X 200 100 100 X Trails, boardwalks, or overlooks 0 0 0 0 0 Ordinance No. 032-16 Page 4 of 17 Residential Development3 Single-family setbacks - building setback1 150 100 X 25 X Single-family setbacks - accessory use setback (patios, decks, etc.) 100 50 X 15 X 2 to 4 dwelling units - building setback1 X X 40 50 X 2 to 4 dwelling units - accessory use setback1 X X 20 25 X Transportation Arterials, Highways, Railroads X 200 50 50 X Multi-use trails, paths X 0 0 0 0 Secondary/Access Roads X 100 50 50 X Utilities Buildings, transmission line, tower setbacks 200 100 50 75 0 Distribution pole height limit 36 36 36 36 X Cellular tower height limit X 100 100 X X (x = not permitted, p = permitted, a = administrative review, c = conditional use permit) lawfully constructed conforming structures within a shoreline buffer may be expanded or redeveloped in accordance with this Master Program. Refer to Appendix E for more information. 2Height limits are subject to zoning and overlay district regulations found in POMC Title 16. 3lf a public road lies between a proposed residential use and the shoreline, the regular front yard zoning setbacks shall apply. 7.5 Boating Facilities Development Regulations SU-DR-10 Hand launch sites where improvements are limited to installation of signage and improvements valued at a monetary amount that does not exceed the amount currently established and effective per WAC 173-27-040(2)(a) or its successor shall be exempt from a Shoreline Substantial Development Permit. 7.10 Moorage: Docks, Piers and Mooring Buoys Development Standards for New Piers and Docks Ordinance No. 032-16 Page 5 of 17 Docks, piers, and floats should be designed, located and operated to minimize interference with adjacent water uses and impacts to fish, shellfish and habitat. The maximum length, width and surface area of a pier or dock should be consistent with the requirements of WAC 220-660-380 or its successor, and should be the minimum necessary to accomplish moorage and shore access based on site-specific circumstances as determined by a marine engineer, as well as potential impacts and mitigation requirements. Ells are not permitted on single-family residential docks, piers or floats. Unless otherwise recommended by the Department of Ecology and/or the Department of Fish and Wildlife based on site-specific review, all decking, and floats 6 feet or less in width shall include a minimum of thirty percent (30%) functional grating, floats greater than 6 feet in width shall have a minimum of fifty percent (50%) functional grating, and ramps shall be fully grated. Functional grating shall not be covered or used as a storage area, and must be maintained in a condition free of algae, mud or other debris that may impede light transmission. The diameter of piles shall be the minimum required for the purpose based on site-specific circumstances as determined by a marine engineer. New or replaced piles or structural members of a pile in direct contact with the water shall be constructed of concrete or steel in accordance with current best management practices and shall not be treated or coated with herbicides, fungicides or pentachlorophenol. Existing piles may be maintained or reinforced with pile wrapping composed of marine grade materials. No creosote, pentachlorophenol, CCA or comparable toxic compounds not approved for marine use- shall be used . for any portion of the overwater or in-water structure of a new or replacement pile, or a pile wrapping. ACZA treated wood may be used for overwater pile structures as long as it meets the most recent Post Treatment Procedures established as best management practices by the American Wood Preservers' Association and Western Wood Preservers Institute. SECTION 5. Development Regulation G-DR 5 in Section 6.3.c. of Chapter 6, "General Shoreline Master Program Policies and Regulations" of the 2013 Shoreline Master Program adopted by Ordinance No. 005-13 is hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect: G-DR 5 Structures, developments, and uses, including marinas, docks, piers, mooring areas, underwater parks, utilities, and shoreline modifications, may not intrude into or be built over critical saltwater habitat unless the applicant can demonstrate that the following criteria can be met: Ordinance No. 032-16 Page 6 of 17 a. An alternative alignment or location is not feasible. b. The project is designed to minimize its impacts on critical saltwater habitats and the shoreline environment. c. Impacts to critical saltwater habitat functions can be mitigated to result in equal or better ecological function. d. The facility is a public facility and is in the public interest. SECTION 6. Sections 8.3, 8.4, 8.5, 8.7.3, 8.9, 8.10 and 8.11 of Chapter 8, "Shoreline Administration and Permit Procedures" of the 2013 Shoreline Master Program adopted by Ordinance No. 005-13 are hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect: 8.3 Shoreline Exemptions The Shoreline Administrator shall issue a letter of exemption if any of the criteria below are met or meets the criteria allowed per WAC 173-27-040(2): a) Any development of which the total cost or fair market value, whichever is higher, does not exceed the amount currently established and in effect per WAC 173-27-040(2)(a) or its successor. For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials; 8.4 Administrative Shoreline Substantial Development Permits Substantial development permits ("SDPs") are required for all developments (unless specifically exempt) that meet the legal definition of "substantial development," but may qualify for processing as an administrative permit subject to Section 8.4.1. SDPs are reviewed and processed by local governments and subsequently sent to Ecology for filing. Under WAC 173-27-150, substantial development permits cannot be approved unless they are consistent with policies and procedures of the Shoreline Management Act, Ecology rules, and the local master program. Local government may condition the approval of permits if needed to ensure consistency of the project with the act and the local master program. Ordinance No. 032-16 Page 7 of 17 "Substantial development" shall mean any development of which the total cost or fair market value exceeds the amount currently established and in effect per WAC 173-27-040(2)(a) or its successor, or any development which materially interferes with the normal public use of the water or shorelines of the state. 8.5 Shoreline Substantial Development Permits Substantial development permits ("SDPs") are required for all developments (unless specifically exempt) that meet the legal definition of "substantial development." SDPs are reviewed and processed by local governments and subsequently sent to Ecology for filing. Under WAC 173-27-150, substantial development permits cannot be approved unless they are consistent with policies and procedures of the Shoreline Management Act, Ecology rules, and the local master program. Local government may condition the approval of permits if needed to ensure consistency of the project with the act and the local master program. "Substantial development" shall mean any development of which the total cost or fair market value exceeds the amount currently established and in effect per WAC 173-27-040(2)(a) or its successor, or any development which materially interferes with the normal public use of the water or shorelines of the state. 8.7.3 Variance Process Requests for a variance from the regulations in this Master Program shall be submitted on forms provided by the city and are administered by the Shoreline Administrator or his/her designee. Variance requests are subject to public notice, public comment, a public hearing (for regular variances), and SEPA requirements. Administrative variances are subject to public notice, but not public hearings, unless appealed. 8.9 Public Notice Public notice shall be provided consistent with the City's permit processing regulations. Ordinance No. 032-16 Page 8 of 17 8.10 Public Hearings Public hearings shall be conducted by the Hearing Examiner in accordance with the City's permit processing regulations. 8.11 SEPA Review Project review conducted pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C, shall occur concurrently with project review set forth in this Master Program and the City's SEPA regulations. SECTION 7. The introduction and sections 9.1, 9.2 and 9.3 of Chapter 9, "Existing Development" of the 2013 Shoreline Master Program adopted by Ordinance No. 005-13 are hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect: CHAPTER 9: EXISTING DEVELOPMENT AND USES Primary shoreline uses and structures which were lawfully constructed, established, or created prior to the effective date of the Master Program, or amendments thereto, including those approved through a variance or conditional use permit, shall be considered legal conforming. Lawfully constructed appurtenant structures that do not conform to present regulations or standards of this Master Program or the Act, and lawfully constructed existing over-water residences and other non-water-dependent over-water or in-water structures, shall be considered legal nonconforming. Any structure or use that was not lawfully constructed or established shall be considered illegal nonconforming and may be subject to enforcement or abatement action pursuant to the Port Orchard Municipal Code. 9.1 Existing Legal Conforming and Nonconforming Uses 1) Conforming Uses. Conforming uses may continue, and may be expanded or intensified, in accordance with the Act and this Master Program. 2) Nonconforming Uses. The continuance of a nonconforming use is subject to the following standards: Ordinance No. 032-16 Page 9 of 17 a. Change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status, provided, that the use does not change or intensify. b. Additional development of any property on which a nonconforming use exists shall require 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 be resumed without obtaining a shoreline variance. d. If a nonconforming use is discontinued for a period of 365 or more consecutive calendar days, it shall lose its nonconforming status, and the continued use of the property shall be required to conform to the provisions of this Master Program and the Act, or obtain a shoreline variance. 9.2 Existing Legal Conforming and Nonconforming Structures 1) Conforming Structures. a. Conforming primary structures may be repaired, maintained, expanded or redeveloped in accordance with the Act, this Master Program, and the standards of Appendix E. b. Conforming appurtenant structures may be repaired, maintained, expanded or redeveloped in accordance with the city's land use code and other applicable city policies and regulations, except that they may not be expanded or redeveloped within the shoreline buffer unless a shoreline variance is obtained. 2) Nonconforming Structures. A nonconforming structure may be maintained as follows: a. Necessary repairs and alterations that do not increase the degree of nonconformity may be made to nonconforming structures. b. A primary or appurtenant nonconforming building or structure may be repaired and, maintained as provided in and as limited by this section and by Appendix E. Any maintenance or repair shall be within the existing building or structure footprint and shall not increase the degree of nonconformity. c. Changes to interior walls or non-structural improvements may be made to nonconforming buildings or structures. Ordinance No. 032-16 Page 10 of 17 9.3 Existing Lots Undeveloped lots, tracts, parcels or sites located landward of the ordinary high water mark that were established prior to the effective date of this Master Program, but that do not conform to the present lot size or density standards are considered nonconforming lots of record and are legally buildable subject to the following conditions: a. All new structures or additions to structures on any nonconforming lot must meet all setback, height, and other construction requirements of this Master Program, the Act, and the underlying zoning requirements and must also comply with applicable design, building, and engineering standards. SECTION 8. Chapter 12, "Definitions", of the 2013 Shoreline Master Program adopted by Ordinance No. 005-13 is hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect: CHAPTER 12 - DEFINITIONS Appurtenant Structure or Building - A structure or building that is secondary to or which supports the use of the primary structure or building on the site, serving a purpose customarily associated with and incidental to the primary structure. Examples: decks, garages, parking lots and patios. Building - Any structure having a roof and walls, used or built for the housing, shelter or enclosure of persons, animals or property of any kind. Commercial - Commercial developments are those uses that include wholesale, retail, service, office or business trade activities. A mixed-use development that contains commercial uses and residential uses within the same building or buildings shall be regulated as a commercial use according to the requirements of this Master Plan, including but not limited to setbacks, height and public access. Footprint, Building - The area covered by a building on the ground. For the purposes of this Master Program, this definition does not include cantilevered portions of a building, or those portions of a site that have only surface development without walls and a roof (such as a deck or patio) or development located solely underground (such as a below-ground basement). Ordinance No. 032-16 Page 11 of 17 Non-conforming Use or Development, Legal - Any appurtenant building or other structure, an over-water residence, or other non-water-dependent over- water or in-water building or structures, or portion thereof, which was lawfully constructed or established prior to the effective date of the Act or this Master Program or amendments, but which no longer conforms to the policies and regulations of the Master Program. Primary Structure or Building - The structure or building associated with the principal use of the property. In some circumstances, such as multibuilding commercial or multifamily residential development, there may be more than one primary structure on a property. This definition shall not include nonhabitable, appurtenant structures and buildings such as storage sheds, decks, patios, greenhouses, swimming pools, and parking lots. Redevelop, Redevelopment - "Redevelop" or "redevelopment" means the replacement of an existing structure or part of an existing structure, or demolition of the structure, with development of a new and/or remodeled structure or structures in its place. Structure - "Structure" means a combination of materials constructed and erected permanently on or under the ground, or attached to something having a permanent location on or under the ground. Substantial Development - Any developments of which the total cost or fair market value exceeds the amount currently established and in effect per WAC 173-27-040(2)(a), or any development which materially interferes with the normal public use of the water or shorelines of the state; EXCEPT as specifically exempted pursuant to RCW 90.58.030(3)(e). SECTION 9. "Appendix E - Mitigation and Restoration for Redevelopment Activities", included as Attachment 1 of this Ordinance and hereby incorporated as if fully set forth herein, is hereby added to the 2013 Shoreline Master Program adopted by Ordinance No. 005-13. SECTION 10. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 11. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, Ordinance No. 032-16 Page 12 of 17 including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 12. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 11th day of October 2016. Attachment: Attachment 1 ("Appendix E - Mitigation and Restoration for Redevelopment Activities") PUBLISHED: October 28, 2016 EFFECTIVE DATE: November 2, 2016 Robert Putaansuu, Mayor -°°c? ATTEST: Brandy Rinearson, CMC, City Clerk Sponsored by: APPROVED AS TO FORM Bek Ashby, Councilmembe "on Cates, City Attorney Ordinance No. 032-16 Page 13 of 17 Attachment 1 to Ordinance 031-16: APPENDIX E - Mitigation and Restoration for Redevelopment Activities CITY OF PORT ORCHARD Ordinance No. 032-16 Page 14 of 17 Shoreline redevelopment, as defined in this Master Plan, shall be designed and conducted in a manner that protects the current ecological condition of the shoreline, and prevents or mitigates adverse impacts, while encouraging revitalization and improvements within the City's waterfront areas. Redevelopment proposals shall preserve existing native habitat and shoreline functions to the maximum extent feasible, and shoreline restoration may be required for redevelopment within the shoreline buffer. A. Applicability. The provisions of this Appendix must be referenced in conjunction with other requirements of this Master Program and with other city policies and regulations. If a conflict appears to exist between this Appendix and another section of this Master Program or other city policies or regulations, the redevelopment proposal shall comply with this Appendix unless otherwise indicated herein. B. Mitigation Sequencing 1. When redevelopment is proposed that will result in adverse impacts to the shoreline, mitigation measures shall be applied in the following sequence of steps, listed in order of priority: a. Avoid the impact altogether by not taking a certain action or parts of an action; b. Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; c. Rectify the impact by repairing, rehabilitating or restoring the affected environment; d. Reduce or eliminate the impact over time by preservation and maintenance operations; e. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments, including utilization of the in-lieu fee process where appropriate; and f. Monitor the impact and the mitigation projects, and take appropriate corrective measures. 2. Application of the mitigation sequence shall achieve no net loss of ecological functions for each redevelopment proposal. 3. After mitigation sequencing is applied in accordance with 1. and 2. above, compensatory mitigation selection shall be guided by the following sections of this Appendix. 4. Failure to demonstrate that the mitigation sequencing standards have been met may result in permit denial, or the city may restrict or reduce development or land uses, or impose additional conditions. C. Mitigation Standards 1. Some redevelopment projects may result in multiple types of impacts to shoreline ecological Ordinance No. 032-16 Page 15 of 17 functions, each of which may require compensatory mitigation. 2. Mitigation is not required outside of the standard shoreline buffer established for the relevant use and shoreline environment in Table 7.2 of this Master Program, unless the redevelopment impact is to aquatic lands, critical saltwater or freshwater habitat, or water quality. All other requirements of this Master Plan are applicable to the site, as are all other applicable city policies and regulations, including but not limited to, the land use and zoning code, critical areas ordinance, stormwater regulations, clearing and grading ordinance, and permit requirements. 3. A Shoreline Mitigation Plan shall be prepared for any redevelopment project that will result in adverse impacts to the shoreline, including removal of native vegetation within the shoreline buffer. If the project will also involve restoration, a combined Shoreline Mitigation and Restoration Plan may be submitted by the applicant. 4. Shoreline Mitigation Plans shall be prepared using site-specific data according to the requirements of WAC 173-26-20 l(2)(e) and WAC 197-11-660, to ensure no net loss of shoreline habitat values and functions or impacts to priority species. If critical areas will be impacted, the applicable requirements of the city's critical areas ordinance shall also be addressed in the mitigation plan. 5. Mitigation plantings or other mitigation options shall occur adjacent and parallel to the OHWM of the shoreline as a first preference. Depending on site conditions, mitigation may be allowed away from the shoreline edge, if the actions are replacing in-kind functions and would achieve greater ecological benefit. 6. All mitigation activities shall protect the integrity of adjacent natural resources, including critical areas, aquatic habitats and water quality, and shall be compatible with adjacent shoreline uses. 7. Removal of vegetation within a shoreline buffer shall comply with the following replacement ratios based on the area measurement of the vegetation to be removed, unless an alternative proposal can be demonstrated to have greater ecological benefit: a. Removal of grass/lawn: 1:1 replacement with native vegetation. b. Removal of non-native landscaping (groundcover other than lawn, shrubs, trees): 2:1 replacement with native vegetation. c. Removal of native vegetation: 4:1 replacement with native vegetation. D. Restoration Standards 1. Restoration of ecological functions and processes shall be carried out in accordance with a city-approved Shoreline Restoration Plan and the requirements of this Master Program. Shoreline Restoration Plans shall be prepared using site-specific data according to the requirements of Ordinance No. 032-16 Page 16 of 17 WAC 173-26-20 l(2)(e) and WAC 197-11-660, to ensure no net loss of shoreline habitat values and functions or impacts to priority species. If critical areas will be impacted, the applicable requirements of the city's critical areas ordinance shall also be addressed in the restoration plan. 2. All restoration activities shall protect the integrity of adjacent natural resources, including critical areas, aquatic habitats and water quality, and shall be compatible with adjacent shoreline uses. 3. Covered Activities. The following actions, individually or in combination, are allowed under this section: a. Establishment or enhancement of native vegetation; b. Removal of normative or invasive plants upland of the OHWM, or hard or impervious surfaces such as pavement or other existing structures, and replacement with native vegetation . c. Conversion of existing hard structural shoreline stabilization to permitted soft shoreline stabilization, including associated clearing, dredging and filling necessary to implement the conversion; provided, that the primary purpose of such actions is clearly restoration of natural character and the ecological functions of the shoreline and that the actions are consistent with the requirements of this Master Program and this appendix. E. Redevelopment Within a Shoreline Buffer 1. Within a shoreline buffer, redevelopment of an existing primary legal conforming building or structure, or a portion of such building or structure, may be allowed subject to the following: a. The shoreline designation of the redevelopment site is High Intensity or Shoreline Residential. b. The redevelopment proposal shall not extend further waterward than the footprint of the existing primary building or structure, or the portion of such primary building or structure, which will be redeveloped. Areas located between existing primary buildings, including planted landscaping and lawn, pavement and similar surface coverage, may be developed if the development will not extend further waterward than the existing primary buildings. c. Any shoreline impacts anticipated to result from the redevelopment shall be subject to mitigation sequencing as provided in this appendix, and addressed in a Shoreline Mitigation Plan. d. Regardless of whether a Shoreline Mitigation Plan is required, the redevelopment proposal shall include a Shoreline Restoration Plan consistent with subsection C. above and with Section 6.6 (Shoreline Vegetation Conservation) herein that will provide a substantive, measurable improvement to shoreline conditions within the site or in aquatic areas adjacent to the site. e. The redevelopment proposal shall not result in the loss of public access to the shoreline, including undeveloped easements or right of way. f. Redevelopment within a shoreline buffer is not allowed in areas of special flood hazards as defined in POMC 15.38.110 or geologically hazardous areas as defined in POMC Section Ordinance No. 032-16 Page 17 of 17 15.38.020. g. All portions of the shoreline buffer that will not be developed shall be maintained or replanted in native vegetation. Removal of existing native vegetation to accommodate development is not allowed within the shoreline buffer unless it is required for the water-related or water-dependent uses and accompanied by mitigation according to this Master Plan. h. The city may request that the applicant submit studies by qualified professionals, or that a submitted study, impact analysis, and/or shoreline mitigation or restoration plan be peer- reviewed by qualified professionals at the applicant's expense, in order to determine compliance with the mitigation and/or restoration requirements of this appendix. i. The redevelopment proposal shall be consistent with other applicable city policies and regulations, including but not limited to the land use and zoning code, critical areas ordinance, stormwater regulations, clearing and grading ordinance, and permit processing requirements. j. If the applicant is unable or unwilling to comply with subsections a. - i. above, the standard shoreline buffer for the shoreline environment designation of the site shall apply and all new development or redevelopment on the site shall be located outside the shoreline buffer unless otherwise allowed by the Act and this Master Plan. 2. Within a shoreline buffer, redevelopment of an existing appurtenant building or structure, or a portion of such building or structure, is not allowed without a shoreline variance. If a shoreline variance is obtained, the redevelopment is subject to the requirements of subsections D.l. a.- j. above. F. Monitoring and Maintenance of Mitigation and Restoration Activities 1. Mitigation and restoration activities are subject to the requirements of Section 6.6 - Development Regulations G-DR-32.h. and G-DR-35 of this Master Program. 2. Mitigation and restoration activities that are unpermitted, are inconsistent with an approved mitigation plan or restoration plan, or are not maintained in accordance with subsection 1. above, are subject to enforcement per Chapter 10 of this Master Program. NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held October 11th, 2016. ORDINANCE NO. 032-16 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO AMENDMENTS TO THE CITY’S 2013 SHORELINE MASTER PROGRAM REGARDING REDEVELOPMENT OF SHORELINE PROPERTIES AND MINOR CLARIFICATIONS AND CORRECTIONS; AMENDING CHAPTERS 6, 7, 8, 9 AND 12 AND ADDING A NEW APPENDIX E TO THE 2013 SHORELINE MASTER PROGRAM, WHICH IS CODIFIED UNDER POMC 18.30.010; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. Copies of Ordinance No. 032-16 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 032-16 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, October 28th, 2016