Ordinance No._____- 2012 AN ORDINANCE ... - San Juan County

Page 9 of 56
Ord. ____-2012
the construction of one primary structure within Tree Protection Zone 2. Kleinschmidt (1999), which is
one of the primary documents used to develop the proposed buffer provisions, does not permit the
construction of impervious surfaces within Zone 2. The Kleinschmidt buffer sizing procedure,
however, combines the water quality and tree protection components, while the procedure outlined in
this ordinance separates them, with the construction of a primary structure only allowed outside the
water quality component of the buffer. An area of risk with the proposed approach is that allowing a
structure in Zone 2 will result in higher than natural rates of wind throw as wind is funneled over and
around the structure. This risk could be reduced by excluding structures from the Zone 2 portion of the
Tree Protection Zone.
X.XVII. With regard to shoreline modifications, the proposed regulations follow the principles and
requirements of RCW 90.58.020 (Legislative Findings), RCW 90.58.030(3)(e), WAC 173-26-
221(2)(iii)(C) (Critical Saltwater Habitats-Standards), WAC 173-26-231 (Shoreline Modifications),
and WAC 220-110-285 (Single family residence bulkheads in saltwater areas).
XI.XVIII. The amendments are consistent with the applicable goals and policies of the San Juan County
Comprehensive Plan.
XII.XIX. The purpose of buffers and tree protection zoneTree Protection Zones is to protect existing functions and
values of the FWHCA to be protected.
XIII.XX. In accordance with Growth Management Hearings Board and Court rulings, restoration of degraded areas
is not required by the GMA, though a property owner may voluntarily choose to provide restoration as a
means of offsetting the adverse impacts of new development.
XIV.XXI. There is great concern about the effect these regulations will have on existing structures, activities and uses
that will become non-conforming. Regulations allowing for the continued existence of these structures,
uses and activities in perpetuity are included in the General section of the critical area amendments, which
will be adopted concurrently with these amendments.
XV.XXII. Related issues that will be addressed in the upcoming comprehensive update to the County’s Shoreline
Master Program include: detailed regulations for docks; and regulations for net pen aquaculture.
XVI.XXIII. This ordinance completes the update to the County’s development regulations regarding FWHCAs as
required by RCW 36.70A.130 and WAC 365-196-610(1)(e). This ordinance is adopted pursuant to the
GMA, and does not amend the County’s Shoreline Master Program.
XVII.XXIV. After considering the evidence in the record, the County Council approved this ordinance. Changes
from the version recommended by the Planning Commission are included in this ordinance for the
reasons described above and to improve clarity and consistency with other laws and regulations.
Section 1. SJCC 18.10.040 and Ord. 52-2008 § 16 are each amended to read as follows:
18.10.040 Establishment of land use designations districts and official maps.
A. Land Use Designations Districts. This Unified Development Code applies to the land use designations and
map symbols in Table 1.1, below, that are established by the San Juan County Comprehensive Plan, subarea and
activity center plans, and official maps. Some regulations for subareas and activity centers are included in this
code, while others are in separate documents. Within subarea and activity centers, both this UDC and the
regulations for the area apply. The boundaries of the various land use designations, activity centers and subareas
are shown on the San Juan County Comprehensive Plan official maps.
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