Part 20.25E Art. V Permits and Decisions

V. PERMITS AND DECISIONS

20.25E.150 Shoreline Project Permits, approvals and exemptions.

A. Scope. LUC 20.25E.150 through 20.25E.200 establish the criteria the City will use in making a decision on a shoreline permit application.

B. Applicability. This section applies to all applications for shoreline project permits and exemptions.

1. All development within the shoreline jurisdiction shall be consistent with the Shoreline Management Act, Chapter 90.58 RCW, and the SMP.

2. No permit shall be issued for any new or expanded building or structure of more than 35 feet above average finished grade level.

1. Process I and II Permits. Pursuant to WAC 173-27-130, the Director shall send the following information to the Department of Ecology and the Attorney General’s Office upon the City’s final decision on a Shoreline Process I or Process II Permit:

a. A copy of the complete application, and when the project has been modified in the course of the local review process, plans or text shall be provided that clearly indicates the final approval plans;

b. Findings and conclusions that establish the basis for the decision, including identification of shoreline environment designation, applicable master program policies and regulations, and consistency of the project with the decision criteria for the applicable shoreline permit type;

c. A copy of the environmental checklist and SEPA determination, if applicable;

d. The City’s final decision on the project; and

e. The permit data sheet required by WAC 173-27-190.

2. Process III Permits. Pursuant to WAC 173-27-050, the Director shall send the letter of exemption to the Department of Ecology and the Attorney General’s Office upon the City’s final decision on a Shoreline Process III exemption from the Shoreline Substantial Development Permit when the proposed development is subject to one or more of the following federal permit requirements:

a. A U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899; or

b. A Section 404 permit under the Federal Water Pollution Control Act of 1972.

1. Processing. There are two ways to amend a previously approved Shoreline Substantial Development Permit, Conditional Use Permit or variance approval:

a. Process as a new permit or approval consistent with the terms of LUC 20.25E.100 through 20.25E.120 and 20.25E.170 through 20.25E.190; or

b. Process as a shoreline revision consistent with the terms of subsection E.2 of this section. Except as provided in subsection E.2 of this section, an amendment to a previously approved project or decision is treated as a new application.

a. Scope of Authority. An amendment to a previously approved project or decision may be reviewed as a shoreline revision if determined to be within the scope and intent of the original permit by meeting all of the following criteria:

i. No additional overwater construction is involved except that pier, dock, or float construction may be increased by 500 square feet or 10 percent from the provisions of the original permit, whichever is less;

ii. Ground area coverage and height of each structure may be increased a maximum of 10 percent from the provisions of the original permit;

iii. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the SMP except as authorized under a variance granted in the original permit or a part thereof;

iv. Additional or revised landscaping is consistent with conditions (if any) attached to the original permit and with the SMP;

v. The use authorized pursuant to the original permit is not changed; and

vi. No substantial adverse environmental impact will be caused by the project revision.

i. If the sum of the revision and any previously approved revisions violate the provisions of this section, a new permit shall be required.

ii. This revision process shall not be used to extend the expiration deadlines of LUC 20.25E.250.C or to authorize substantial development beyond the time limits of the original permit.

i. The Director may approve or approve with modifications a shoreline revision if:

(1) The applicant has carried the burden of proof that the shoreline revision is within the scope and intent of the original permit pursuant to this subsection E.2; and

(2) The applicant has demonstrated that the proposal complies with the SMA, the SMP, and the BCC.

ii. In all other cases, the Director shall deny the application for shoreline revision.

d. Conditioning a Shoreline Revision. The Director may attach conditions to the shoreline revision as necessary to assure consistency of the project with the SMA, the SMP, and the BCC.

a. The Director shall send a copy of the final City action on a shoreline revision to the Department of Ecology and the Attorney General’s Office in conformance with WAC 173-27-100(5).

b. If the revision to the original permit involves a conditional use or variance which was conditioned by the Department of Ecology, the revision shall be submitted to the Department of Ecology for the Department’s approval, approval with conditions, or denial. The revision shall indicate that it is being submitted under the requirements of WAC 173-27-100(6). Persons having requested notice of the Director’s decision shall be notified.

4. Effective Date. The shoreline revision is effective immediately upon the Director’s decision or, when appropriate under subsection E.3.b of this section, upon the Department of Ecology’s action.

5. Commencement of Activity. Construction undertaken pursuant to that portion of a revised shoreline permit is at the applicant’s sole risk until expiration of the appeal deadlines. If an appeal is successful in proving that an amendment is not within the scope and intent of the original permit, the decision on appeal shall have no bearing on the entitlements contained in the original permit. (Ord. 6416, 5-21-18, § 2)