20.25H.220 Mitigation and restoration plan requirements.
The applicant shall submit a mitigation or restoration plan for approval as part of the review of the underlying proposal. Where standard restoration requirements or templates have been approved by the Director for the proposal in question, those requirements or templates may be followed without need for submission of an individual mitigation or restoration plan. These general requirements shall be modified for areas of temporary disturbance included as part of an approved Critical Areas Land Use Permit or use or development allowed under LUC 20.25H.055, so long as the requirements of subsection H of this section are met.
A. Plan Phases. Where an applicant is seeking modifications to this part through a critical areas report pursuant to LUC 20.25H.230, the mitigation plan required for the proposal may be submitted in phases. A conceptual plan shall be submitted as part of the critical areas report and approved with the land use approval for the proposal. A detailed plan shall be approved prior to or with approval of the first permit or other approval required to perform work associated with the proposal.
B. Restoration and Mitigation Project Details. The plan shall be prepared by a qualified professional and shall at minimum include the content identified in this section. Additional requirements may be found for specific critical areas in LUC 20.25H.085 (streams); 20.25H.105 (wetlands); and 20.25H.135 (geologic hazard areas). Additional detail about the contents of restoration and mitigation plans may be developed by the Director in submittal requirements. The Director may waive any of the plan requirements where, in the Director’s discretion, the information is not necessary to develop a mitigation or restoration plan that addresses the impacts of the proposed action.
1. A written report identifying environmental goals and objectives of the restoration or compensation proposed, based on replacing or restoring the critical area and critical area buffer functions and values impacted by the proposal;
2. Measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation or restoration project have been successfully attained and whether or not the requirements of this part have been met; and
3. Written specifications and descriptions of the restoration or mitigation proposed.
a. When the mitigation plan is submitted as a single-phase, or for the detailed plan phase when submitted in two phases, 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.
b. When the mitigation plan is submitted in phases pursuant to subsection A of this section, the written specifications may be general in nature for the conceptual phase, including general identification of areas for work, planting species, size and number. The more precise details may be provided in the detailed plan phase.
C. Timing of Work. Unless a different time period is established in another section of this part, or is established by the Director in the approval for a specific project, all work required in a mitigation or restoration plan shall be completed prior to final inspection or issuance of a temporary certificate of occupancy or certificate of occupancy, as applicable, for the development.
D. Monitoring Program. The plan shall include a program for monitoring construction of the mitigation project and for assessing a completed project. The mitigation 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. The required monitoring period for a plan involving restoration only shall be reduced to a period of not less than three years.
E. 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 and such failure would result in significant impact on the critical area or buffer. A plan involving restoration only is not required to include a contingency plan.
F. Assurance Devices. The Director may require assurance devices in compliance with LUC 20.40.490 to ensure that the approved mitigation, monitoring program, contingency plan and any conditions of approval are fully implemented.
G. Mitigation for City Park Projects. Through a critical areas report, impacts of City park projects on critical areas and critical area buffers may be mitigated through restoration or enhancement of critical areas on other City park sites. Such restoration or enhancement may include restoration or enhancement projects completed prior to the proposal for which mitigation is required, so long as the restoration or enhancement project was not performed as mitigation for any other public or private project. The critical areas report shall demonstrate that the proposed mitigation restores the impacted critical area functions and values at least as well as mitigation performed on-site and in-kind associated with the development proposal. The Director may require an NGPE or NGPA be recorded for the mitigation area to ensure that it is maintained in perpetuity.
H. Restoration for Areas of Temporary Disturbance. The Director may impose conditions for the restoration of areas of temporary disturbance included as part of an approved Critical Areas Land Use Permit or use or development allowed under LUC 20.25H.055, without requiring the restoration plan and other measures described in this section, so long as the following requirements are satisfied:
1. All areas of temporary disturbance shall be identified in the plans approved with the Critical Areas Land Use Permit or allowed use or development and shall be the minimum necessary to allow the completion of the approved use or development. For uses and development involving the repair or renovation of existing structures that can be accessed from non-critical area or critical area buffer, the minimum necessary area of temporary disturbance shall be no greater than 10 feet around the perimeter of the existing structure. Proposals involving areas of greater disturbance shall require a full restoration plan under this section. The Director may impose conditions requiring areas of temporary disturbance to be marked in the field through the use of markers, fencing, or other means;
2. The condition of the areas of temporary disturbance existing prior to undertaking any development activity shall be documented with the proposal. The Director may require photographic evidence, site plans showing the size, location and type of existing vegetation, or other materials to document existing conditions;
3. The Director shall impose a condition that the area be restored to existing conditions prior to final approval of the work performed, or within 30 days following completion of the work if no final approval is required; and
4. The Director shall impose a condition requiring monitoring of the restored area and additional restoration to achieve existing conditions, consistent with subsection D of this section; provided, that the Director may reduce the monitoring period to not less than one year from completion of the original restoration. (Ord. 6417, 5-21-18, § 47; Ord. 5680, 6-26-06, § 3)