Skip to main content
This section is included in your selections.

A. Specific Proposal Required. A critical areas 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 critical areas report shall be prepared by a qualified professional and shall at minimum include the content identified in this section. 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 critical area function and value accomplished. At a minimum, the report shall contain the following:

1. Identification and classification of all critical areas and critical area buffers on the site;

2. Identification and characterization of all critical areas and critical area buffers on those properties immediately adjacent to the site;

3. Identification of each regulation or standard of this code proposed to be modified;

3. A habitat assessment consistent with the requirements of LUC 20.25H.165;

4. An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development;

5. An analysis of the level of protection of critical area 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:

a. A discussion of the functions and values currently provided by the critical area and critical area buffer on the site and their relative importance to the ecosystem in which they exist;

b. A discussion of the functions and values likely to be provided by the critical area and critical area buffer on the site through application of the regulations and standards of this Code over the anticipated life of the proposed development; and

c. A discussion of the functions and values likely to be provided by the critical area and critical area buffer on the site through the modifications and performance standards included in the proposal over the anticipated life of the proposed development;

6. A discussion of the performance standards applicable to the critical area and proposed activity pursuant to LUC 20.25H.160, and recommendation for additional or modified performance standards, if any;

7. A discussion of the mitigation requirements applicable to the proposal pursuant to LUC 20.25H.210, and a recommendation for additional or modified mitigation, if any; and

8. Any additional information required for the specific critical area as specified in the sections of this part addressing that critical area.

C. Additional Report Submittal Requirements.

1. Unless otherwise provided, a critical areas 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.

2. Where a project requires a critical areas report and a mitigation or restoration plan, the mitigation or restoration plan may be included with the critical areas report, and may be considered in determining compliance with the applicable decision criteria, except as set forth in subsection C.4 of this section.

3. The applicant may consult with the Director prior to or during preparation of the critical areas 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 critical area impacts and required mitigation.

4. Proposals to obtain reductions in regulated critical area buffers below the buffers required by this part shall include the following information in addition to the minimum critical areas report contents described in subsection B of this section. The restoration proposed to improve existing function included in the proposal must be separate from any impact mitigation proposal:

a. The specific restoration actions proposed and the specific regulated buffer dimensions proposed.

b. The functions that will be enhanced by the restoration actions, addressing at minimum habitat, hydrology, water quality and (where applicable) stream process functions.

c. Functions that will be provided outside of the reduced regulated buffer dimension proposed by the project, if any (for example, stormwater quality and quantity controls or low impact development features).

d. The relative importance of the enhanced functions to the ecosystem in which they exist.

e. A description of the net gain in functions by the restoration actions in the reduced regulated buffer area and the proposal, compared to the functions that would be preserved under standard buffer provisions of the CAO without restoration.

D. Incorporation of Previous Study. Where a valid critical areas 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, said report may be incorporated into the required critical areas report. The applicant shall submit an assessment detailing any changed environmental conditions associated with the site. (Ord. 5680, 6-26-06, § 3)