20.25E.120 Shoreline Process II.
A. Process Described.
1. Applicable Code Section. This section contains procedures the City will use in processing a Shoreline Process II decision. The specific Shoreline Process II procedures are in addition to the general procedures applicable to all shoreline project decisions contained in LUC 20.25E.100.
2. Type of Decision. Decisions on a Shoreline Process II application are administrative decisions made by the Director. This process begins with a complete application, followed by notice to the public of the application and a public comment period. A public meeting may be held for projects of significant impact or for projects involving major changes to the expected pattern of development in an area. The Director then makes a decision based upon the decision criteria set forth in the code for the applicable shoreline permit. Public notice of the decision is provided, along with an opportunity to petition for review of the decision to the Shorelines Hearings Board.
3. Merger of SEPA Threshold Determination. If required by the State Environmental Policy Act (SEPA), a threshold determination shall be issued. The threshold determination shall be issued in conjunction with issuance of the Director’s decision on the application. If an Environmental Impact Statement (EIS) is required, however, the threshold determination will be issued early and the EIS will be completed before the accompanying shoreline decision is issued. If the applicant appeals the requirement to prepare an EIS or a supplemental EIS, that appeal will be resolved before the Director issues the shoreline decision. No City administrative appeal is available on a merged SEPA and shoreline permit review as described in LUC 20.25E.100.C.6.c.
4. Shoreline Process II Decision – When the City Decision Is Final. The City decision is final when notice to approve, conditionally approve, or deny an application is issued by the Director.
B. Public Meetings. The Director may require the applicant to participate in a public meeting to inform citizens about a proposal. When public meetings are required, the meeting shall be held as early in the review process as possible for shoreline applications. Notice of the public meeting shall be provided in the same manner as required for notice of the application pursuant to LUC 20.25E.100.D. The public meeting notice will be combined with the notice of application whenever possible.
C. Special Timing Requirement for Issuance of Certain SSDPs.
1. The Director must issue a written decision within 21 days of the last day of the comment period described in LUC 20.25E.100.D.2.d on applications for Shoreline Substantial Development Permits for:
a. A limited utility extension; or
b. The construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structure from shoreline erosion.
2. For the purposes of this section, a limited utility extension means the extension for a utility service that:
a. Is categorically exempt from threshold determination under Chapter 43.21C RCW for one or more of the following: natural gas, electricity, telephone, water, or sewer;
b. Will serve an existing use in compliance with the City’s Shoreline Master Program and the Shoreline Management Act; and
c. Will not extend more than 2,500 linear feet within the shorelines of the state.
D. Director’s Shoreline Process II Decision.
1. Decision. The Director shall approve a project or approve with modifications if the applicant has demonstrated that the proposal complies with the decision criteria for the applicable shoreline permit. The applicant carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. In all other cases, the Director shall deny the application.
2. Limitation on Modification. If the Director requires a modification which results in a proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to LUC 20.25E.100.D, the Director shall provide a new notice of application and obtain public comment prior to making a decision.
3. Conditions. The Director may include conditions to ensure that a proposal conforms to the relevant decision criteria.
4. Written Decision of the Director.
a. Content. The Director shall distribute a written report supporting the decision. The report shall contain the following:
i. The decision of the Director;
ii. Any conditions included as part of the decision;
iii. Findings of fact upon which the decision, including any conditions, was based and the conclusions derived from those facts; and
iv. A statement explaining the process to petition for review of the Directors decision to the Shorelines Hearings Board together with any merged SEPA threshold determination on the Shoreline Process II decision.
b. Effect of Decision. The decision of the Director on a Shoreline Process II application is the final decision of the City, and shall be filed with the state pursuant to LUC 20.25E.150.D.
E. Notice of Shoreline Process II Decision.
1. Notice Distribution. Public notice of the availability of the Director’s decision shall be published and mailed in the same manner as required for notice of the application pursuant to LUC 20.25E.100.D. Public notice of the availability of the Director’s decision shall also be mailed to each person who submitted comments during the comment period or at any time prior to the publication of the notice of decision.
2. Notice Content. The following content shall be provided in addition to the content required pursuant to LUC 20.25E.100.D.1:
a. SEPA Threshold Determination. If a Determination of Significance (DS) was issued by the Environmental Coordinator, the notice of the Director’s decision shall state whether an EIS or Supplemental EIS was prepared or whether existing environmental documents were adopted. If a Determination of Nonsignificance (DNS) was issued, the DNS should be issued and published in conjunction with the Director’s decision except as provided in the Environmental Procedures Code, BCC 22.02.160.
b. Appeal Opportunity. The notice of decision shall also include information regarding how to appeal the shoreline decision, together with any merged SEPA Threshold Determination, to the Shorelines Hearings Board.
F. Appeal of Director’s Shoreline Process II Decision. The decision of the Director on a Shoreline Process II application is the final decision of the City and may be appealed within 21 days to the Shorelines Hearings Board as set forth in RCW 90.58.180. (Ord. 6731, 3-13-23, § 3; Ord. 6416, 5-21-18, § 2)