Form revised: December 6, 2011
FISCAL NOTE FOR NON-CAPITAL PROJECTS
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Department: |
Contact Person/Phone: |
CBO Analyst/Phone: |
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Planning and Development |
Margaret Glowacki 386-4036 |
Melissa Lawrie 684-5805 |
Summary of the Legislation:
This legislation, mandated by the State Legislature, requires that Seattle comply with the Shoreline Master Program Guidelines (2003) established by the Department of Ecology under the Shoreline Management Act (SMA). The SMA was created by citizen referendum in 1972, and last updated 25 years ago. The SMA establishes three major policy goals in regulating the Shoreline District: to provide for water-dependent uses; to protect and restore the shoreline ecological conditions; and to provide for public access for public enjoyment of the shorelines.
Additionally, the SMP update has provided DPD with the opportunity to fine-tune shoreline regulations to ensure that economic development and environmental protection priorities are effectively balanced.
Specifically, this legislation:
· Requires that the regulations, including the Environmentally Critical Areas regulations, meet No Net Loss (NNL) of Ecological functions.
· Regulates environmentally critical areas located in the Shoreline District under the SMP.
· Develops a restoration plan that is non-regulatory and when implemented results in improved ecological functions of the shoreline.
· Requires that non-water-oriented uses, when allowed on waterfront lots, include ecological restoration to meet the goals of the SMA.
· Requires that non-conforming uses and structures when allowed to be replaced include ecological restoration to meet the goals of the SMA.
· Includes shoreline buffers for all shoreline environments based on the purpose of the shoreline environment and the ecological conditions of the shoreline as determined by the Shoreline Inventory and Characterization Report. Buffers range from 15 ft for water dependent and water related uses in the Urban Industrial and Urban Maritime Shoreline Environments to 100 ft in areas of the Conservancy Preservation Shoreline Environment where there is little to no existing development.
· Adds a new section to the SMC to allow 20% of a site to be used for uses that are not water-dependent or water-related (WD/WR) and support WD/WR uses as identified in the Seattle Shoreline Market Study. These uses are allowed without a Conditional Use.
· Adds a new section to the SMC to allow additional height for structures that are used for the above allowed uses that are not WD/WR and for accessory uses.
· Adds a new section to the SMC for small lots that allows for WD/WR uses to be located over water on lots in the Urban Commercial and Urban Maritime shoreline environments and allow certain non-water-dependent or water-related uses to be located overwater as a Conditional Use.
· Includes provisions in the overwater structures and bulkhead/shoreline stabilization sections of the regulations that allow for water-dependent and water-related uses to replace these structures without the need to provide additional information to demonstrate the need for these structures for the operation of water-dependent and water-related businesses.
· Removes any conditional use requirement from the existing regulations for all water-dependent and water-related uses.
· Changes boat repair from a prohibited use to an allowed use in the Conservancy Waterway shoreline environment to allow for boat builders to use adjacent water for their operation.
· Adds a definition for “reasonable” that includes cost consideration for mitigation actions.
· Adds new sections to the SMC for mitigation sequencing that requires a project to avoid impacts and mitigate remaining impacts to achieve NNL.
· Adds a new section to the SMC that defines and protects priority freshwater and saltwater habitat.
· Adds a new section to the SMC that regulates shoreline modifications, including modified regulations for aquatic noxious weed control, breakwater, jetties, groins and weirs, dredging, fill, grading, landfill, piers and floats and shoreline stabilization and new regulations for artificial reefs, boat launch and landing facilities, dry docks, heat exchangers, floating dolphins, mooring buoys, mooring pilings, slope stabilization, and vegetation and impervious surface management.
· Includes the allowance for temporary development that requires mitigation to achieve NNL.
· Allows for existing structures in the Urban shoreline environments built in the required setback to be replaced if mitigation is provided.
· Allows recreational marinas in the Urban Industrial and Urban Maritime shoreline environments in the Lake Union Ship Canal.
· Maintains current regulations for floating homes to be repaired, maintained and replaced.
· Prohibits new floating homes.
· Maintains current regulations prohibiting house barges after 1990 and requiring water quality protection.
Background:
The Department of Ecology’s 2003 SMP Guidelines require that local jurisdictions comprehensively update their SMPs. In 2007, DPD was awarded a $400,000 grant from the Department of Ecology to update the Shoreline Master Program to meet Department of Ecology’s 2003 Guidelines. The final Shoreline Master Program at the completion of the update will consist of the Shoreline Master Program Regulations, the Shoreline Goals and Policies in the Seattle Comprehensive Plan, the Shoreline Restoration and Enhancement Plan and Environmental Critical Areas regulations for critical areas within the Shoreline District.
The SMP is composed of the SMP Regulations (SMC 23.60A), the Shoreline Goals and Policies in the Seattle Comprehensive Plan, the Shoreline Restoration and Enhancement Plan required by WAC 173-26-201(2)(f) and Chapter 25.09 regulations for Environmental Critical Areas. In preparing the updated SMP, DPD also prepared the following:
1. Shoreline Inventory and Characterization Report. In 2009, a Shoreline Characterization Report was published that rated the shoreline’s ecological condition with five ratings from least impaired to most impaired.
2. Public Participation Plan. DPD produced a public participation plan that included a website, an open house, a public survey of Seattle citizens and seven “visioning workshops”, and the formation of a Citizen Advisory Committee (CAC) who started meeting in 2008, and who last met in 2011 to review the proposed amended SMP.
3. Shoreline Environments. DPD evaluated existing shoreline environment designations and compared these designations with Ecology’s new requirements and proposed revisions as required, and are part of the legislative package.
4. Cumulative Impact Analysis. DPD analyzed the proposed regulations to determine if the regulations, when implemented, meet “no net loss” of ecological functions. A Cumulative Impact Analysis report was produced detailing the findings of this analysis.
Please check one of the following:
____ This legislation does not have any financial implications.
_X_ This legislation has financial implications.
Note: While the legislation does not have direct financial impacts on DPD or other City departments, it is expected to require a slight increase in review time by
DPD staff for review of shoreline permit applications. This increase in staff time will be paid for through existing fee structures in 2012. Additional changes to DPD fees related to the Shoreline Master Plan are reflected in the 2013-2014 DPD fee ordinance, which will be submitted to Council separately along with the 2013-2014 Proposed Budget.
Other Implications:
a) Does the legislation have indirect financial implications, or long-term implications?
Yes, while the legislation does not pose direct impacts to annual budgets, it is expected to require a slight increase in review time by DPD staff for review of shoreline permit applications. As described above, it is expected that additional staff time in 2013 will be paid for through existing fee structures.
b) What is the financial cost of not implementing the legislation?
The SMP update is mandated by the State Legislature.
c) Does this legislation affect any departments besides the originating department?
All departments will be required to comply with the amended regulations. City departments that own submerged property and/or property within 200 feet landward of the ordinary high water mark are required to comply with shoreline regulations.
d) What are the possible alternatives to the legislation that could achieve the same or similar objectives?
This legislation is mandated by the State Legislature.
e) Is a public hearing required for this legislation?
Yes, a public hearing is required before the City Council. .
f) Is publication of notice with The Daily Journal of Commerce and/or The Seattle Times required for this legislation?
Yes, notice of the public hearing is required in The Daily Journal of Commerce, both for the SEPA determination, which was published in June, 2012, and again once a date for the City Council’s public hearing is scheduled. Notice of the public hearing must be provided thirty days before the hearing.
g) Does this legislation affect a piece of property?
The legislation effects all submerged areas of Lake Washington, Lake Union, the Ship Canal, Green Lake, the Duwamish and Puget Sound, all areas within 200 feet landward of the Ordinary High Water mark of the previously listed water bodies, and all flood plains and wetlands that are associated with the previously listed water bodies. The map in Attachment 1 to the fiscal note illustrates the area affected by this legislation.
h) Other Issues:
The DPD fee ordinance must be amended to clarify how fees currently required for Environmental Critical Areas review will be assessed and collected for the critical areas located within the Shoreline District. The 2013-2014 DPD fee ordinance will be submitted to Council separately along with the 2013-2014 Proposed Budget.
List attachments to the fiscal note below:
Attachment 1: Map A Shoreline Environments