BOCC Exhibits A-E ECY Approved SMP-Code Amendments

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Kittitas County Shoreline Master Program Chapter 5 90 March 7, 2016 Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance Kittitas County Shoreline Master Program Exhibit A | March 2016 | Page 90 of 339 industrial uses and developments, multi-family residential development of more than four (4) dwelling units, and all residential subdivisions of greater than four (4) parcels unless the project proponent demonstrates that any of the following conditions exist: a. Unavoidable public health or safety hazards exist and cannot be prevented through reasonable means; or b. The use and/or development has inherent security or cultural sensitivity requirements that cannot be mitigated through reasonable design measures or other solutions; or c. The provision of public access for the proposed use or development is not consistent with all relevant constitutional and other legal limitations on regulation of private property and the principles of nexus and proportionality; or d. The cost of providing the access, easement or an alternative amenity is disproportionate to the total long-term cost of the proposed use or development; or e. The public access will cause unacceptable environmental impacts that cannot be mitigated; or f. The access would create significant, undue, and unavoidable conflicts with adjacent uses that cannot be mitigated. 10. To be relieved from public access requirements the project proponent must demonstrate that all feasible alternatives have been considered, including, but not limited to: a. Regulating access through means such as maintaining a gate and/or limiting hours of use; and b. Separating uses and activities (e.g., fences, terracing, use of one-way glazing, hedges, landscaping, etc.). 11. When physical public access is deemed to be infeasible, the proponent shall provide visual access to the shoreline or provide physical access at an off-site location geographically separated from the proposed use or development (e.g., a street end, vista, or trail system), or for a residential development, provide community access to the shoreline or to a common waterfront lot/tract for non-commercial recreational use of the property owners and guests within the proposed subdivision. 12. Public access shall be located and designed to be compatible with the natural shoreline character, to avoid adverse impacts to shoreline ecological functions and processes, and to ensure public safety. 13. Public shoreline access provided by public road ends, public road rights-of-way, public utilities and rights-of-way shall not be diminished by the County, neighboring property owners, or other citizens, unless the property is zoned for industrial uses in accordance with RCW Chapter 36.87.130.