18.65.070 Public agency/utility exceptions.
This section applies only to critical areas outside of the shoreline jurisdiction and is not applicable to critical areas within a shoreline jurisdiction. The City’s approved SMP governs the permitted alterations within a shoreline jurisdiction.
Unless otherwise specified as an alteration in CMC 18.65.050, the public agency/utility exception is a mechanism by which the City may approve limited use and disturbance of a critical area and critical area buffer when no other use of the property constitutes a reasonable alternative.
(1) If the application of this chapter prohibits a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this subsection along with the required fees as set forth in CMC 18.65.046. An exception shall not be granted for properties wholly or partially located within a shoreline of the State as regulated in Chapter 16.05 CMC or floodplain as regulated in Chapter 16.15 CMC.
(a) The agency or utility shall apply to the Department and provide related project documents such as permit approvals from other agencies, special studies, and SEPA documents. The Department shall prepare a recommendation to the Director for review and approval subject to the following criteria:
(i) There is no other practical alternative to the proposed development with less impact on the critical area;
(ii) The proposal minimizes the impact on critical areas and buffers, including modifying the noncritical area setbacks to the maximum extent allowed in this chapter;
(iii) Associated development, including access driveways, and utility infrastructure, shall be located outside of the critical area or critical area buffer to the maximum extent technically feasible;
(iv) Areas of disturbance for associated development, including access and utility infrastructure, shall be consolidated to the maximum extent technically feasible;
(v) All areas of temporary disturbance associated with utility installation, construction staging, and other development shall be determined by the Director and delineated in the field prior to construction and temporary disturbance shall be restored consistent with a restoration plan approved by the City;
(vi) Areas of permanent disturbance shall be mitigated to the maximum extent feasible on site pursuant to a mitigation plan meeting the requirements of this chapter; and
(vii) Fencing, signage, and/or additional buffer planting should be incorporated into the site development in order to prevent long-term disturbance within the critical area or buffer. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))