21.68.060 Shoreline Buffers.
A. Shoreline Buffers.
1. Shoreline buffers are established for Type I streams; those streams identified as Shorelines of the State. Stream buffers for the Shorelines of the State are established for the Sammamish River, Bear Creek, and Evans Creek as follows:
a. Sammamish River:
i. North of Puget Sound Energy powerline crossing: 150-foot inner buffer plus a 50-foot outer buffer.
ii. South of Puget Sound Energy powerline crossing: 150-foot buffer.
b. Bear Creek:
i. West of Avondale Road: 150-foot buffer.
ii. East of Avondale Road: 150-foot inner buffer plus a 50-foot outer buffer.
c. Evans Creek: 150-foot inner buffer plus a 50-foot outer buffer.
Buffers are established to protect the integrity, function, and value of the riparian corridor, and shall be an area of undisturbed vegetation where development is prohibited, subject to 2 through 5 below. There are no building setbacks from these buffers.
Where a City-sponsored stream or river restoration project remeandered a Type I stream, adjacent buffers may be reduced so that the buffers will extend no farther than the extent of the buffers immediately prior to the restoration project, provided no net loss of shoreline ecological functions can be demonstrated, and the reduced buffer is no less than 100 feet in width. This provision shall not be construed to allow automatic reduction of the buffer on the corresponding opposite side of the stream when the stream is being located further away from said property.
2. Subject to 3 through 5 below, maximum clearing and grading within the outer 50-foot buffer is 35 percent of the outer buffer area. Nothing in this provision shall be construed to require remediation of existing situations where the current clearing and grading is in excess of 35 percent. Subject to 3 through 5 below, no net effective impervious surfaces may be created within this area.
3. Except as otherwise specifically permitted in this section, RZC 21.68.060.A or in any other portion of the Shoreline Master Program, development, including clearing, grading, disturbing, or altering of a stream buffer is strictly prohibited, except for the following activities that are permitted within all buffer areas:
a. Stormwater conveyance systems and underground utilities;
b. Trails subject to the Public Access policies and regulations of the Shoreline Master Program; and
c. Bridges which are part of a regional transit system where there is a demonstrated public need and the location has been selected through a regional transit planning process. Buffer setbacks do not apply to transportation crossings; however, buffer crossing impacts shall be minimized and mitigated.
4. Businesses currently located in the stream buffers or stream setbacks may continue to operate. A nonconforming use in the stream buffers or stream setbacks may be expanded, provided the expansion does not result in a net loss of shoreline ecological functions over existing conditions. Nonconforming structures may be maintained and repaired and may be enlarged or expanded, provided said enlargement does not extend the structure closer to the shoreline. Businesses currently located in the stream setbacks may sell their land to entities for redevelopment in the same general land use category; e.g., an industrial user may sell to a different type of industrial user, who may continue forward as a nonconforming use and with the existing nonconforming structures and may also redevelop pursuant to this section, RZC 21.68.060.A, and other applicable portions of the Shoreline Master Program.
5. In any High-Intensity/Multiuse location within a buffer where the land is actively being used as part of a legitimate business operation, such land, including either structures or active operational areas, established prior to January 1, 2008, may continue to operate. New structures, pavement, and other improvements are permitted within this area so long as incremental environmental benefit is provided, and no net loss of shoreline ecological functions is demonstrated.
B. Lake Sammamish Setback. Lake Sammamish has no buffer, as noted in RZC 21.68.060.A above, but rather has a building setback. The waterfront-building setback for new development and redevelopment (teardowns) along Lake Sammamish shall be a minimum of 35 feet. The building setback can be reduced to 20 feet if the setback area is revegetated with primarily native vegetation. Establishment of a tree canopy is encouraged. No constructed structures other than those required for waterfront access/docks are allowed within the 20-foot setback. The applicant shall record on the title documentation from the City of Redmond, confirming that the structure has been built under the flexible setback option and as such, the structure is conforming and the area within the 20-foot lakefront setback is to remain planted primarily with native vegetation, as described above. The City shall assist the applicant in determining appropriate native vegetation requested and will coordinate with the applicant on the planting success the following year. New development adhering to the 35-foot setback and/or reconstruction that involves greater than 50 percent of the value of existing improvements shall be required to plant 50 percent of the area in the minimum 20-foot building setback with native vegetation.
C. Buffer and Setback Measurements. Shoreline buffers and waterfront building setbacks are measured from the ordinary high water mark.