Chapter 18.11
ENVIRONMENTAL REVIEW AND PERMITTING
Sections:
18.11.030 Permits within a special flood hazard area.
18.11.040 Critical areas review process.
18.11.050 Determination process.
18.11.060 Additional requirements for certain exceptions.
18.11.070 Modifications and variances.
18.11.080 Variances to flood damage prevention.
18.11.010 Intent.
The intent of this chapter is to establish procedure for processing environmental review and environmental permits that apply to all lands within the city that may or may not be required during other integrated project review. (Ord. 1107 § 2, 2023; Ord. 995 § 12 (Exh. A), 2015).
18.11.020 Authority.
The city may withhold, condition, or deny land use permits or activity approvals to ensure that the proposed action is consistent with the provisions of Chapters 18.20 and 18.21 YMC. (Correspondence from 2/1/24; Ord. 1107 § 2, 2023; Ord. 995 § 12 (Exh. A), 2015).
18.11.030 Permits within a special flood hazard area.
A. Land Use Permit Required. A land use permit shall be obtained before construction or development begins within a special flood hazard area as established in Chapter 18.19 YMC.
B. Land Use Permit Application. Where subdivision proposals and other proposed developments contain greater than 50 lots or five acres (whichever is the lesser) base flood elevation data shall be included as part of the application. (Ord. 1107 § 2, 2023; Ord. 995 § 12 (Exh. A), 2015).
18.11.040 Critical areas review process.
A. Critical Areas Report Requirements.
1. Preparation by Qualified Professional. If required by the public services department, the applicant shall submit a critical area report prepared by a qualified professional as defined herein.
2. Incorporating Best Available Science. The critical area report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The critical area report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this chapter.
3. Minimum Report Contents. At a minimum, the report shall contain the following:
a. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested.
b. A copy of the site plan for the development proposal including:
i. A map drawn to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared.
ii. A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations.
c. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site.
d. Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area.
e. A statement specifying the accuracy of the report, and all assumptions made and relied upon.
f. An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development.
g. An analysis of site development alternatives including a no-development alternative.
h. A description of reasonable efforts made to apply mitigation sequencing pursuant to mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas.
i. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with mitigation plan requirements, including, but not limited to:
i. The impacts of any proposed development within or adjacent to a critical area or buffer on the critical area.
ii. The impacts of any proposed alteration of a critical area or buffer on the development proposal, other properties and the environment.
j. A discussion of the performance standards applicable to the critical area and proposed activity.
k. Financial guarantees to ensure compliance.
l. Any additional information required for the critical area as specified in the corresponding chapter.
m. Unless otherwise provided, a critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the public services department.
4. Additional Information Within a Special Flood Hazard Area. If the proposed action is located in a special flood hazard area, additional information may be required as established in YMC 18.19.030.
B. Critical Area Report – Additional Requirements for Habitat Conservation Areas.
1. The following areas shall be addressed in a critical area report for habitat conservation areas:
a. The project area of the proposed activity;
b. All habitat conservation areas and recommended buffers within 300 feet of the project area; and
c. All shoreline areas, floodplains, other critical areas, and related buffers within 300 feet of the project area.
2. Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical area report for a habitat conservation area shall contain an assessment of habitats including the following site- and proposal-related information at a minimum:
a. Detailed description of vegetation on and adjacent to the project area and its associated buffer.
b. Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species.
c. A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area.
d. A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality.
e. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with mitigation sequencing.
f. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs.
3. Additional Information May Be Required. When appropriate due to the type of habitat or species present or the project area conditions, the public services department may also require the habitat management plan to include:
a. An evaluation by an independent qualified professional regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate;
b. A request for consultation with the Washington Department of Fish and Wildlife or the local Native American Indian tribe or other appropriate agency; and
c. Detailed surface and subsurface hydrologic features both on and adjacent to the site.
C. Critical Area Report – Modifications to Requirements.
1. Limitations to Study Area. The public services department may limit the required geographic area of the critical area report as appropriate if:
a. The applicant, with assistance from the city, cannot obtain permission to access properties adjacent to the project area; or
b. The proposed activity will affect only a limited part of the subject site.
2. Modifications to Required Contents. The applicant may consult with the public services department prior to or during preparation of the critical area report to obtain city approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation.
3. Additional Information Requirements. The public services department may require additional information to be included in the critical area report when determined to be necessary to the review of the proposed activity in accordance with this chapter. Additional information that may be required, includes, but is not limited to:
a. Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site;
b. Grading and drainage plans; and
c. Information specific to the type, location, and nature of the critical area.
D. Mitigation Requirements.
1. The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas. Unless otherwise provided in this chapter, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical area report and SEPA documents, so as to result in no net loss of critical area functions and values.
2. Mitigation shall be in kind and on site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area.
3. Mitigation shall not be implemented until after city approval of a critical area report that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report.
E. Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action.
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts.
3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project.
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods.
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action.
6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments.
7. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
8. Mitigation for individual actions may include a combination of the above measures.
F. Mitigation Plan Requirements. When mitigation is required, the applicant shall submit for approval by the city a mitigation plan as part of the critical area report. The mitigation plan shall include:
1. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:
a. A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area;
b. A review of the best available science supporting the proposed mitigation and a description of the report author’s experience to date in restoring or creating the type of critical area proposed; and
c. An analysis of the likelihood of success of the compensation project.
d. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met.
e. Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:
i. The proposed construction sequence, timing, and duration;
ii. Grading and excavation details;
iii. Erosion and sediment control features;
iv. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and
v. Measures to protect and maintain plants until established.
vi. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome.
G. Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one, three, five, and seven after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years.
H. Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.
I. Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. (Ord. 1107 § 2, 2023; Ord. 995 § 12 (Exh. A), 2015).
18.11.050 Determination process.
A. Determination. The public services department shall make a determination as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this chapter. The public services department’s determination shall be based on the review criteria.
B. Review Criteria.
1. Any alteration to a critical area, unless otherwise provided for in this chapter, shall be reviewed and approved, approved with conditions, or denied based on the proposal’s ability to comply with all of the following criteria:
a. The proposal minimizes the impact on critical areas in accordance with mitigation sequencing;
b. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
c. The proposal is consistent with the general purposes of this chapter and the public interest;
d. Any alterations permitted to the critical area are mitigated in accordance with mitigation requirements;
e. The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and
f. The proposal is consistent with other applicable regulations and standards.
2. The city may condition the proposed activity as necessary to mitigate impacts to critical areas and to conform to the standards required by this chapter.
3. Except as provided for by this chapter, any project that cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences shall be denied.
C. Completion of the Critical Area Review. The city’s determination regarding critical areas pursuant to this chapter shall be final concurrent with the final decision to approve, condition, or deny the development proposal or other activity involved.
D. Appeals. Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this chapter may be appealed according to, and as part of, the appeal procedure for the permit or approval involved. (Ord. 1107 § 2, 2023; Ord. 995 § 12 (Exh. A), 2015).
18.11.060 Additional requirements for certain exceptions.
A. Critical Area Exception. A request for an exception shall be made to the city and shall include a critical area report. The public services department shall act on the exception request as part of the underlying permit approval based on the proposal’s ability to comply with public agency and utility exception review criteria. The decision on the exception may be appealed pursuant to the appeal procedures of the underlying permit or approval.
1. Exception Criteria.
a. There is no other practical alternative to the proposed development with less impact on the critical areas;
b. The application of this chapter would unreasonably restrict the ability to provide utility services to the public;
c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
d. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and
e. The proposal is consistent with other applicable regulations and standards.
B. Exception Request and Review Process. An application for a reasonable use exception shall be made to the city and shall include a critical area report. The public services department shall prepare a recommendation to the hearing examiner based on the proposal’s ability to comply with reasonable use exception criteria.
C. Hearing Examiner Review. The hearing examiner shall review the application and conduct a public hearing. The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the reasonable use exception review criteria.
D. Reasonable Use Review Criteria.
1. The application of this chapter would deny all reasonable economic use of the property;
2. No other reasonable economic use of the property has less impact on the critical area;
3. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property;
4. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this chapter, or its predecessor;
5. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
6. The proposal will result in no net loss of critical area functions and values consistent with the best available science; or
7. The proposal is consistent with other applicable regulations and standards. (Ord. 1107 § 2, 2023; Ord. 995 § 12 (Exh. A), 2015).
18.11.070 Modifications and variances.
A. Modifications to the prescriptive standards for the protection of critical areas may be authorized by the city. The site plan review committee shall review the request and make a written finding that the request meets or fails to meet the modification criteria as part of the underlying permit approval.
B. Modification Criteria. A modification may be granted only if the applicant demonstrates that the requested modification includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat.
C. Variances from the standards of this chapter may be authorized by the city. The hearing examiner shall process the variance as provided in Chapter 18.14 YMC.
D. Variances from the standards of the flood damage prevention ordinance (Chapter 18.19 YMC) may be authorized as provided in YMC 18.19.050.
E. Variance Criteria. A variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows:
1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district;
2. The special conditions and circumstances do not result from the actions of the applicant;
3. A literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this chapter, and the variance requested is the minimum necessary to provide the applicant with such rights;
4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances;
5. The granting of the variance is consistent with the general purpose and intent of this chapter, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property;
6. The decision to grant the variance includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat.
F. Conditions May Be Required. In granting any modification or variance, the city may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter.
G. Time Limit. A modification or variance shall be valid for the time period of the underlying permit approval. (Ord. 1107 § 2, 2023; Ord. 995 § 12 (Exh. A), 2015).
18.11.080 Variances to flood damage prevention.
Variances from the floodplain management standards as established in Chapter 18.19 YMC may be issued in accordance with YMC 18.19.050. (Ord. 1107 § 2, 2023; Ord. 995 § 12 (Exh. A), 2015).
18.11.090 Flood damage prevention appeal.
Repealed by Ord. 1107. (Ord. 995 § 12 (Exh. A), 2015).