2005/08/10 Council Agenda Packet

i3 Exhibit 1 L. Appendix - Complete Text of Applicable Regulations Regulations in SMP Section 3.9 - pages 3-31 to 3-36 11. As existing shoreline properties are redeveloped, impervious surfaces not needed for current or planned uses shall be removed and shoreline buffers shall be enhanced and/or/restored to the buffer width required by the SMP, except as necessary to accommodate access to the water necessary for the operation of water-dependent and water-related uses and/or public access. The Planning Director/Hearing Examiner shall have the authority to require redesign of the site and structures to minimize impacts to existing aquatic and buffer vegetation and to provide for buffer enhancement. 20. When restoring and enhancing buffers along the Snohomish River and its estuary, overhanging vegetation shall be provided along dikes and shoreline stabilization structures when feasible. 22. Minimum 200 foot buffers shall be required adjacent to areas designated Aquatic Conservancy (SO AUs 2.21, 2.28, 2.30, 2.31, 2.32, 2.41, 2.44) and SO AU 3.05 on Smith Island north of 12th St. NE and on North Spencer Island (see Figure 3.9-1). A function assessment must be completed for all projects to demonstrate that these buffers result in no net loss of wetland or stream function. A wider buffer will be required when necessary to protect wetland and stream ecological functions. The buffers may be reduced in accordance with PDI 01-005 where there has been prior substantial legal alteration to the buffer and when the project applicant: (1) completes an approved function assessment, and (2)prepares an approved habitat management plan that includes buffer enhancement that would improve the functional performance of the buffer and the associated critical area. In no case shall buffers be reduced below 100 feet, except: • When a significant action that restores salmonid rearing habitat is incorporated into the proposal, including actions such as reconnection of a blind tidal channel, a dike breach, or removal of fill to create tidal marsh area. • Public access improvements such as trails and interpretive facilities may be included in portions of the buffer when the biological assessment and habitat management plan (if required) demonstrate no significant adverse impacts or that significant adverse impacts are mitigated. • Buffers may be reduced to provide a reasonable use of a property as specified in EMC 19.37.050.D. • Expansion of existing facilities such as SR529 and I-5 may be allowed when mitigation is provided for buffer impacts. The City shall ask the appropriate resource agencies to review and comment on the function assessment and management plan. 15 3 Section 3 General Goals, Objectives,Policies and Regulations Page 3-83