Part 20.30P Critical Areas Land Use Permit

20.30P.110 Scope.

This part establishes the procedures and criteria that the City will use in making a decision upon an application to develop, disturb or otherwise modify a critical area or critical area buffer. (Ord. 5683, 6-26-06, § 27)

20.30P.115 Applicability.

This part applies to each application for a Critical Areas Land Use Permit. (Ord. 5683, 6-26-06, § 27)

20.30P.120 Purpose.

A Critical Areas Land Use Permit is the mechanism by which the City may approve limited use and disturbance of a critical area or critical area buffer. The provisions of Parts 20.25H and 20.25E LUC establish the uses and activities that may be allowed in a critical area or critical area buffer. The provisions of this part establish the requirements for a Critical Areas Land Use Permit. (Ord. 5683, 6-26-06, § 27)

20.30P.125 Who may apply.

The property owner may apply for a Critical Areas Land Use Permit. (Ord. 5683, 6-26-06, § 27)

20.30P.130 Applicable procedure.

The City will process a Critical Areas Land Use Permit through Process II, LUC 20.35.200 et seq. The Critical Areas Land Use Permit may be merged with any other permit required for the proposal, pursuant to LUC 20.35.080. (Ord. 5683, 6-26-06, § 27)

20.30P.140 Decision criteria.

The Director may approve or approve with modifications an application for a Critical Areas Land Use Permit if:

A.    The proposal obtains all other permits required by the Land Use Code; and

B.    The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least impact on the critical area and critical area buffer; and

C.    The proposal incorporates the performance standards of Part 20.25H LUC to the maximum extent applicable; and

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

E.    The proposal includes a mitigation or restoration plan consistent with the requirements of LUC 20.25H.210; except that a proposal to modify or remove vegetation pursuant to an approved Vegetation Management Plan under LUC 20.25H.055.C.3.i shall not require a mitigation or restoration plan; and

F.    The proposal complies with other applicable requirements of this code. (Ord. 5683, 6-26-06, § 27)

20.30P.150 Time limitation.

A Critical Areas Land Use Permit automatically expires and is void if the applicant fails to file for a Building Permit or other necessary development permit within one year of the effective date of the Critical Areas Land Use Permit unless:

A.    The applicant has received an extension for the Critical Areas Land Use Permit pursuant to LUC 20.30P.155; or

B.    The Critical Areas Land Use Permit approval provides for a greater time period.

The time period established pursuant to this section shall not include the time during which an activity was not actively pursued due to the pendency of litigation which may materially affect rights of the applicant for the permit or approval related to that permit or approval. (Ord. 5683, 6-26-06, § 27)

20.30P.155 Extension.

A.    The Director may extend a Critical Areas Land Use Permit, not to exceed one year, if:

1.    Unforeseen circumstances or conditions necessitate the extension of the permit; and

2.    Termination of the permit would result in unreasonable hardship to the applicant; and the applicant is not responsible for the delay; and

3.    The extension of the permit will not cause substantial detriment to existing uses, critical areas, or critical area buffers in the immediate vicinity of the subject property.

B.    The Director may grant no more than one extension. (Ord. 5683, 6-26-06, § 27)

20.30P.160 Assurance device.

In appropriate circumstances, the City may require a reasonable performance or maintenance assurance device in conformance with LUC 20.40.490 to assure compliance with the provisions of the Land Use Code and the Critical Areas Land Use Permit as approved. (Ord. 5683, 6-26-06, § 27)

20.30P.170 Hold harmless.

Property owners who request approval of disturbance in a critical area or critical area buffer shall execute a hold harmless agreement in a form approved by the City Attorney which releases the City from liability for any damage arising from the location of improvements within the critical area or critical area buffer. (Ord. 5683, 6-26-06, § 27)

20.30P.180 Critical areas report – Additional review procedures.

See LUC 20.25H.265 and 20.25H.270 for additional review procedures for Critical Areas Land Use Permits involving a critical areas report. (Ord. 5683, 6-26-06, § 27)