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A. Substantial Development Permit Required. A Shoreline Substantial Development Permit is required for all development within the shoreline jurisdiction, except those activities set forth in LUC 20.25E.170. Criteria for obtaining a Shoreline Substantial Development Permit shall be as set forth in Chapter 173-27 WAC and LUC 20.25E.150 and this section.

B. Applicability. The provisions of this section apply to each application for a Shoreline Substantial Development Permit. Substantial development shall not be undertaken on shorelines without first obtaining a Shoreline Substantial Development Permit as provided in this section.

C. Purpose. A Shoreline Substantial Development Permit is the mechanism by which the City administers its Shoreline Master Program in a manner consistent with the policies of the Shoreline Management Act.

D. Decision Criteria. The Director may approve or approve with modifications a Shoreline Substantial Development Permit if:

1. The proposal is consistent with the policies and procedures of the Shoreline Management Act;

2. The proposal is consistent with the provisions of Chapter 173-27 WAC;

3. The proposal is consistent with the SMP;

4. The proposal will be served by adequate public facilities including streets, fire protection, and utilities;

5. The proposal is consistent with the Bellevue Comprehensive Plan; and

6. The proposal complies with applicable requirements of the Bellevue City Code.

E. Special Shoreline Report Process.

1. Purpose. A special shoreline report is a mechanism by which setbacks, moorage, and shoreline stabilization requirements of this part and the impervious surface standards set forth in LUC 20.20.010 may be modified for a specific proposal. The report is intended to provide flexibility for sites or proposals providing unique design, or protection of shoreline area functions and values, not anticipated by this part, and to ensure that strict implementation of certain requirements will not thwart the policy enumerated in RCW 90.58.020. The extent and complexity of information required in a special shoreline report will vary, depending on the scope, complexity, and magnitude of impact on the shoreline area and shoreline setbacks associated with the proposed development. The special shoreline report must demonstrate that the proposal with requested modifications leads to equivalent or better protection of shoreline ecological functions and values than would result from the application of the above-enumerated requirements. Where the proposal involves restoration of existing conditions in exchange for a reduction in the regulated shoreline setback on a site, the special shoreline report must demonstrate a net increase in certain shoreline ecological functions.

2. Review Process. Requests for modifications to the requirements of this part through a special shoreline report shall be processed through a Shoreline Substantial Development Permit, shoreline variance, or Shoreline Conditional Use Permit, depending on the proposal. Where additional permits are required for the underlying use or activity, the permits may be consolidated or merged pursuant to the provisions of LUC 20.25E.100.C.6.

3. Limitation on Modifications. The special shoreline report may not be used to modify sections of the Land Use Code outside of this part unless otherwise expressly permitted. The special shoreline report may not be used to modify the definitions contained in this part or Chapter 20.50 LUC, or any other provision of this part that expressly prohibits modification. The special shoreline report may not be used to modify the shoreline below the ordinary high water mark as defined in RCW 90.58.030(2)(c), the floodway as defined in RCW 90.58.030(2)(b), or within any wetland as defined in RCW 90.58.030(2)(h). Additional limitations on modifications for specific shoreline areas may be found in the sections of this part addressing specific use performance standards.

4. Use of Science and Technical Information Required. The special shoreline report shall use scientifically valid methods and studies in the analysis of shoreline area data and field reconnaissance including the most current, accurate and complete scientific and technical information as outlined in RCW 90.58.100. The special shoreline report shall evaluate the proposal and all probable impacts to shoreline areas in accordance with the provisions of the SMP.

5. Submittal Requirements.

a. Specific Proposal Required. A special shoreline report must be submitted as part of an application for a specific development proposal. In addition to the requirements of this section, additional information may be required for the permit applicable to the development proposal.

b. Minimum Report Requirements. The special shoreline report shall be prepared by a qualified professional and shall at minimum include the content identified in this subsection. The Director may waive any of the report requirements where, in the Director’s discretion, the information is not necessary to assess the impacts of the proposal and the level of protection of shoreline ecological functions and values accomplished. At a minimum, the report shall contain the following:

i. The lake classification and environment designation as outlined in the City of Bellevue GIS mapping.

ii. Identification and classification of all shoreline setbacks and any critical areas and critical area buffers on the site and abutting properties.

iii. Identification of each regulation or standard of this Code proposed to be modified;

iv. A vegetative cover and habitat analysis, including existing aquatic vegetation, setbacks and upland area. (Use of the Bellevue Urban Wildlife Habitat Functional Assessment Model is required if credit is sought for wildlife habitat functions outside the shoreline setback and aquatic area);

v. An assessment of the probable cumulative impacts to the shoreline area resulting from development of the site and the proposed development;

vi. An analysis of the level of protection of shoreline ecological functions and values provided by the regulations or standards of this Code, compared with the level of protection provided by the proposal. The analysis shall include:

(1) A discussion of the functions and values currently provided by the aquatic zone, shoreline setback and shoreline upland area on the site and their relative importance to the ecosystem in which they exist;

(2) A discussion of the functions and values likely to be provided by the shoreline setback on the site through application of the regulations and standards of this Code over the anticipated life of the proposed development;

(3) A discussion of the functions and values likely to be provided by the shoreline setback and upland area on the site through the modifications included in the proposal over the anticipated life of the proposed development;

(4) A discussion of the mitigation requirements applicable to the proposal pursuant to relevant performance and mitigation standards, and a recommendation for additional or modified mitigation, if any; and

(5) Any additional information required for the specific use as specified in the sections of this part addressing that use.

c. Additional Report Submittal Requirements.

i. Unless otherwise provided, a special shoreline 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 Director.

ii. Where a project requires a special shoreline report and a mitigation or restoration plan, the mitigation or restoration plan may be included with the special shoreline report, and may be considered in determining compliance with the applicable decision criteria, except as set forth in subsection E.5.c.iv of this section.

iii. The applicant may consult with the Director prior to or during preparation of the special shoreline report to obtain 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 shoreline area impacts and required mitigation.

iv. Proposals to reduce the regulated shoreline setbacks below those required by this part shall include the following information in addition to the minimum special shoreline report contents described in subsection E.5.b of this section. The restoration proposed to improve existing function included in the proposal must be separate from any impact mitigation proposal:

(1) The specific restoration actions proposed and the specific regulated setback dimensions proposed.

(2) The functions that will be enhanced by the restoration actions, addressing at minimum: habitat, hydrologic, vegetative and (where applicable) stream process functions.

(3) Functions that will be provided outside of the reduced regulated setback dimension proposed by the project, if any (for example, vegetation and habitat preservation, storm water quality and quantity controls or low impact development features).

(4) The relative importance of the enhanced functions to the ecosystem in which they exist.

(5) A description of the net gain in functions by the restoration actions in the reduced regulated setback area and the proposal, compared to the functions that would be preserved under standard setback provisions of the SMP without restoration.

d. Incorporation of Previous Study. Where a valid special shoreline report or report for another agency with jurisdiction over the proposal has been prepared within the last five years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, the previous report may be incorporated into the required special shoreline report. The applicant shall submit an assessment detailing any changed environmental conditions associated with the site.

6. Decision Criteria – Proposals to Modify Performance Standards or Reduce a Shoreline Setback. The Director may approve, or approve with modifications, a proposal to modify a performance standard or shoreline setback on a site where the applicant demonstrates:

a. The proposal includes plans for restoration of shoreline aquatic area, setback or upland area such that there is a measurable net gain in overall shoreline and critical area functions;

b. The proposal includes plans for restoration of degraded setback or shoreline area such that there is a measurable net gain in the most important shoreline aquatic or habitat functions on the site;

c. The proposal includes a net gain in storm water quality function by the shoreline setback or by elements of the development proposal outside of the reduced regulated shoreline setback;

d. Adequate resources to ensure completion of any required restoration, mitigation and monitoring efforts;

e. The modifications and performance standards included in the proposal are not detrimental to the functions and values of shoreline setbacks and critical areas off site; and

f. The resulting development is compatible with other uses and development in the same land use district.

7. Assurance Devices. The Director may require assurance devices to ensure that any conditions of approval are fully implemented. Assurance devices shall be posted in accordance with LUC 20.40.490.

8. City Technical Review. The City may require the applicant to pay for technical review of the special shoreline report and related proposal by a consultant retained by the City to assist in determining compliance with this subsection E.

F. Effective Date. The decision of the Director is the final decision of the City on a Shoreline Substantial Development Permit, and is effective on the date of actual receipt by the Department of Ecology of the final decision of the Director on the permit.

G. Commencement of Activity. Construction pursuant to an effective Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or shoreline variance shall not begin and is not authorized until 21 days from the date of filing as defined in RCW 90.58.140(6) and WAC 173-27-130(6), or until all Shorelines Hearings Board petition for review proceedings initiated within 21 days from the date of filing have been terminated; except as provided in RCW 90.58.140(5)(a) and (b). (Ord. 6416, 5-21-18, § 2)