Technical Review and Analysis Date: December 21, 2020 Subject: Technical Review and Analysis of Proposed Revision to Shoreline Jurisdiction City of Vancouver Shoreline Master Program Periodic Review From: Brian Carrico, WSP USA To: Rebecca Kennedy, City of Vancouver Route To: Matt Harding, Port of Vancouver USA INTRODUCTION The City of Vancouver (City) is undertaking a periodic review of the City’s Shoreline Master Program (SMP) as required by the Washington State Shoreline Management Act (SMA).1 The purpose of periodic review is to ensure the SMP (1) stays current with changes in laws and rules, (2) remains consistent with other city plans and development regulations, and (3) is responsive to changed circumstances, new information, and improved data. For amendments proposed under (3), the City must complete a review and analysis of the changed circumstances, new information, and/or improved data to support the amendments.2 As part of their review, the City is considering a modification to the definition of “shorelands” in Section 2.1 of the SMP in order to address one of the primary issues that emerged from ongoing stakeholder coordination with the Port of Vancouver. Outside of certain shorelines along the Columbia River where the standard shoreline jurisdiction3 already applies, the proposed revision would change the jurisdiction for High and Medium Intensity shoreline environment designations (SEDs), which are intended to support some level of development, to the standard jurisdiction. The revisions would maintain shoreline jurisdiction as the full extent of the 100-year floodplain within the SEDs that are intended for conservancy. The modification is described in the following section and is intended to strike a balance between accommodating primarily 1 The Shoreline Management Act of 1971, Revised Code of Washington (RCW) Chapter 90.58, and Washington Administrative Code (WAC) Chapter 173-26, as amended. 2 WAC 173-26-090(3)(b)(iii) 3 RCW 90.58.0303(2)(d) "Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology. WSP USA Suite 300 210 East 13th Street Vancouver, WA 98660-3231 +1 360-823-6100 WSP.com MEMO: Revisions to Shoreline Jurisdiction December 14, 2020 Page 2 developed shorelines (and the reasonable use of those properties) with the protection of natural resources and large expanses of relatively undeveloped floodplain. This memorandum summarizes the technical review and analysis conducted to evaluate the City’s proposed amendment to the definition and applicability of “shorelands” against the foundational documents of the 2012 comprehensive update in order to verify they are not in conflict and to identify any implications. APPROACH AND APPLICABLE REGULATIONS The SMA applies to “shorelands” or “shoreland areas” which are defined as including lands extending 200 feet from the ordinary highway water mark, floodways and contiguous floodplain areas 200 feet from floodways as well as associated wetlands.4 The definition further allows counties and cities to expand the definition to include the full extent of the 100-year floodplain. Through the adoption of its current SMP, the City elected to include this expanded jurisdiction with the exception of lands along the Columbia River from Wintler Park downstream to the eastern boundary of the Port of Vancouver (Port) Parcel 3 property. Under the current proposal, the shoreline jurisdiction for SEDs that are intended for conservation of the shoreline (Natural, Urban Conservancy, Rural Conservancy Residential, and Rural Conservancy Resource Lands) would not change from the full extent of the 100-year floodplain. For SEDs intended to support higher levels of development (High Intensity and Medium Intensity) and on those parcels along the Columbia River from the eastern boundary of Wintler Park to the Vancouver Lake Flushing Channel, the standard shoreline jurisdiction would apply. This approach is supported by the Washington Department of Ecology’s guidance for shoreline jurisdiction, as identified in the Shoreline Master Programs Handbook.5 Per the handbook, local governments may opt to include all or part of the floodplain in shoreline jurisdiction and should consider the larger context when making this decision (for example, existing floodplain protections in the critical areas ordinance (VMC 20.740), how far the floodplains extend from the shoreline, etc.). The proposed revision would require a text amendment to SMP Section 2.1(1)6 where the shoreline jurisdiction is specified and corresponding changes to the Shoreline Designation Map. The text and map changes for this proposed amendment can be reviewed on the City’s SMP Periodic Review project website. 4 RCW 90.58.030(2)(d) 5 Washington Department of Ecology. Shoreline Master Programs Handbook. August 2009. Publication No. 11-06- 010. Accessed on February 17, 2020 at: https://fortress.wa.gov/ecy/publications/SummaryPages/1106010.html 6 City of Vancouver SMP at page 2-1 MEMO: Revisions to Shoreline Jurisdiction December 14, 2020 Page 3 Applicable Regulations According to WAC 173-26-090, local governments conducting periodic review should consider whether to incorporate any amendments needed to reflect changed circumstances, new information, or improved data. Local governments should also consider whether the significance of these items warrants amendments.7 RCW 90.58.030(2)(d) defines the extent of shoreline jurisdiction. By the nature of its construction, the definition leaves it fully up to the local jurisdiction to expand the extent of shoreline jurisdiction to include some or all of the 100-year floodplain so long as the minimum jurisdiction is met, and does not have criteria to include these areas (or remove them). WAC 173-26-110 identifies the submittal requirements for SMP updates. These include amended SED map(s), showing both existing and proposed designations, together with corresponding boundaries described in text for each change of SED. A jurisdiction must also provide written justification for the proposed changes in SED based on existing development patterns, the biophysical capabilities and limitations of the shoreline being considered, and the goals and aspirations of the local citizenry as reflected in the locally adopted comprehensive land use plan. The City’s proposed amendment applies only to the definition of “shorelands” and where shoreline jurisdiction is applied, and does not propose to change any existing shoreline environment designations (e.g. from one designation to another). AFFECTED AREAS The proposed modifications would only take place within city limits and would not apply to shoreline areas in the Urban Growth Area (UGA). The approximate shoreline areas where these changes would occur are shown on the attached figures (Attachment A). As shown, the jurisdiction changes would occur to shorelines of the state associated with the Columbia River and Burnt Bridge Creek. While changes would occur to shoreline areas south of Vancouver Lake, these areas are associated with the Columbia River and not the lake. Consistent with Section 2.1.2 of the SMP, the actual extent of shoreline jurisdiction on a given site will be based on site specific survey information. Approximately 682 acres (35 acres Medium Intensity, 647 acres High Intensity) would be removed from shoreline jurisdiction, spread across 895 parcels. The vast majority of the lands affected by this are located at the Port of Vancouver or along Fruit Valley Road and are designated and zoned as Heavy Industrial and Light Industrial. The remaining areas along Burnt Bridge Creek include lands designated as Urban Medium Residential and zoned Higher-Density Residential District and Light Industrial. For any areas removed from shoreline jurisdiction, future development activities would still be subject to applicable critical areas requirements (including those applicable to floodplains) and the development regulations of the underlying zoning designation. 7 WAC 173-26-090 section (3)(b)(iii) MEMO: Revisions to Shoreline Jurisdiction December 14, 2020 Page 4 SUPPORTING DOCUMENTS Several foundational documents were prepared to support the 2012 comprehensive update of the SMP including the Inventory & Characterization Report (ESA Adolfson et al., 2010) and the Restoration Plan (ESA Adolfson et al., 2011). These reports were prepared by the Clark County Coalition, which included the City of Vancouver and several other cities in southwest Washington. These documents were reviewed to understand how the proposed changes to shoreline jurisdiction would align with their findings. The evaluation determined that the proposed changes would not conflict with these foundational documents. Inventory and Characterization Report The purpose of an Inventory and Characterization Report is to establish the baseline against which the standard “no net loss of shoreline ecological functions” is measured. The previously prepared Inventory and Characterization Report was reviewed to determine if there are any changes to shoreline conditions that should be considered in light of the proposed revisions. The Inventory and Characterization Report divided shoreline