14.100.034 Permit Processing.
A. The approval or denial of an activity or modification within a critical area shall be an administrative action of the director for actions requiring only a building permit or other permit action requiring only ministerial action as defined by relevant city codes. The review process will be integrated with the review of the underlying permit.
B. Public Notice. Review of a proposal under this chapter will require public notice per Section 17.78.020 if any of the following criteria are met:
1. If a project requires another permitting action by the city that requires a public hearing, consideration of critical areas will be integrated with the underlying permitting process. If the director determines that critical areas may be affected by the proposal and a critical area report is required, public notice of the application shall include a description of the critical area that might be affected and state that a critical area report(s) is required.
2. Approval of a reasonable use exception under Section 14.100.051 or variance under Section 14.100.053 will require public notice; provided, that the director may waive this requirement for additions or alterations to:
a. Existing single-family residential units;
b. Existing commercial and mixed-use units with a footprint of less than four thousand (4,000) square feet prior to the alteration or addition.
C. Preliminary Consultation. Any person preparing to submit an application for development or use of land that may be regulated by the provisions of this chapter may conduct an optional consultation meeting with the director prior to submitting an application for development or other approval. At this meeting, the director shall discuss the requirements of this chapter; provide critical area maps, scientific information, and other source materials; outline the review process; and work with the activity proponent to identify any potential concerns that might arise during the review process, in addition to discussing other permit procedures and requirements.
D. The city shall perform the process discussed below as part of the critical area review:
1. Verify the information submitted by the applicant for the applicable permit;
2. Evaluate the project area and vicinity for critical areas. Such evaluation may include a site visit if the director has reason to believe that a project may involve a critical area;
3. For wetland and/or fish and wildlife habitat conservation areas, the city may require that boundaries be verified and mapped by a qualified professional. The scale of the boundary information shall be the same as the city maps, and such boundaries shall be submitted to the city as part of the application for the applicable permit if the project is:
a. Within two hundred (200) feet of a wetland, or fish and wildlife critical area; and
b. Will not be receiving a no-impact waiver as provided in subsection (E) of this section.
4. The director may require that the applicant mark the following boundaries on the site to reflect the proposed construction plan: the location of the building footprint, critical area(s) boundaries, the outer extent of required critical area buffers, areas to remain undisturbed, and trees and vegetation to be removed.
a. Field markings are intended to prevent disturbance of critical areas and buffers and may include such items such as temporary fences;
b. If field markings are required by the director, the applicant shall obtain the director’s approval on the field markings before beginning any permitted activities;
c. The applicant shall maintain the field markings for critical area(s), critical area buffers, and areas to remain undisturbed throughout the duration of the permit.
5. Determine whether the proposed project is likely to impact the functions or values of critical areas.
6. Determine if the proposed project adequately addresses the impacts and avoids impacts to the critical area associated with the project.
E. Critical Areas Present, but No Impact—Waiver. If the director determines that there are critical areas within or adjacent to the project area, but that the proposed activity is unlikely to degrade the functions or values of the critical area, the director may waive the requirement for a critical area report or other applicable information. If the waiver involves a wetland, the director may require a wetland category rating be completed prior to determining whether a waiver can be granted. A waiver may be granted if there is substantial evidence that all of the following requirements will be met:
1. There will be no alteration of the critical area or buffer;
2. The development proposal will not impact the critical area in a manner contrary to the purpose, intent, and requirements of this chapter; and
3. The proposal is consistent with other applicable regulations and standards.
A summary of this analysis and the findings shall be included in any staff report or decision on the underlying permit.
F. Independent Review. Based on a review of the information contained in the critical area report and the conditions of the development proposal site, the director may require independent review of any such study. This independent review shall be performed by a qualified professional selected by the city and paid for by the applicant. The purpose of such independent review is to assist the city in evaluating the effects on critical areas that may be caused by a development proposal and to facilitate the decision making process. Independent review may also include a request for consultation with the state of Washington Department of Fish and Wildlife, Washington State Department of Ecology, state Department of Natural Resources, or other appropriate local, state, federal, or tribal agency.
G. Critical Areas Present and Potential Impact Likely. If the director determines that the proposed project is within, adjacent to, or is likely to impact a critical area, the director shall:
1. Assign the appropriate level of review for the activity:
a. Notification Required. Activities and uses that require prior notification to the director must comply with the standards of this chapter, and may be required to comply with additional requirements as deemed necessary by the director. The director may require review and submittal of a critical area report following notification of emergency actions undertaken under Section 14.100.050(C).
b. Review Required. Activities and uses that require review by the director, but that are not required to submit a critical areas report.
c. Critical Areas Report Required. Activities and uses that require review by the director and that are required to submit a critical areas report.
2. Notify the applicant if a critical area report, SEPA checklist, and other applicable information must be submitted prior to further review of the project and indicate each of the critical area types that should be addressed.
3. Review and evaluate the critical area report and other applicable information to determine whether the development proposal conforms to the purposes and performance standards and requirements of this chapter.
4. Assess potential impacts to the critical area and determine if they are necessary and unavoidable.
5. Determine if any mitigation, monitoring plans and bonding measures proposed by the applicant are sufficient to protect the functions and values of the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this chapter.
6. Prepare a Determination. A summary of this analysis and the findings shall be included in any decision on the underlying permit(s). Critical area review findings may result in: (a) no adverse impacts to critical area(s), (b) list of applicable critical area(s) protection conditions for the underlying permit(s), or (c) denial of permit based upon unavoidable impacts to critical area(s) functions and values.