Part 20.25H Critical Areas Overlay District
I. SCOPE AND PURPOSE
20.25H.005 Scope.
This part establishes standards and procedures that apply to development within the “Critical Areas Overlay District,” which includes any site that is in whole or in part designated as a critical area or critical area buffer. All development within the Critical Areas Overlay District must be reviewed and approved pursuant to this part in addition to being subject to all other relevant standards of the Bellevue City Code. The Critical Areas Overlay District does not apply to the Downtown. (Ord. 5680, 6-26-06, § 3)
20.25H.010 Purpose.
The Critical Areas Overlay District is a mechanism by which the City recognizes the existence of natural conditions which affect the use and development of property. Through this part, the City designates and classifies ecologically sensitive and hazard areas and imposes regulations on the use and development of affected property in order to protect the functions and values of these areas and the public health, safety and welfare, and to allow the reasonable use of private property. (Ord. 5680, 6-26-06, § 3)
20.25H.015 Applicable procedure.
The Critical Areas Overlay District consists of two parts: that part of a site that is not contained within a critical area, critical area buffer, or critical area structure setback, and that part of a site that is within a critical area, critical area buffer, or critical area structure setback.
A. If a proposal avoids all disturbance or modification of the critical area, critical area buffer, and critical area structure setback, the proposal is subject to the provisions of this part through the review process for the underlying permit or approval required for the development, and a decision on such application may be appealed according to the appeal process for the underlying permit or approval.
B. If a proposal involves disturbance to or modification of the critical area, critical area buffer, or critical area structure setback, then in addition to the review process for the underlying permit or approval required for the development, the proposal shall require a Critical Areas Land Use Permit, Part 20.30P LUC, except where otherwise indicated in this part. (Ord. 5680, 6-26-06, § 3)
20.25H.020 Submittal requirements.
A. The Director shall specify the submittal requirements, including type, detail and number of copies, for a use or development application to be deemed complete and accepted for filing.
B. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 5680, 6-26-06, § 3)
II. DESIGNATION OF CRITICAL AREAS AND DIMENSIONAL STANDARDS
20.25H.025 Designation of critical areas.
The following areas are hereby designated as critical areas. For additional information about identifying each critical area, see the specific sections noted.
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Critical Area Category or Type |
Additional Information Identifying Critical Area |
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Streams |
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Type S water |
LUC 20.25H.075 |
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Type F water |
LUC 20.25H.075 |
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Type N water |
LUC 20.25H.075 |
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Type O water |
LUC 20.25H.075 |
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Closed segment, regardless of type; Kelsey Creek drainage basin |
LUC 20.25H.075 |
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Closed segment, regardless of type; all other drainage basins |
LUC 20.25H.075 |
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Wetlands |
|
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Category I |
LUC 20.25H.095 |
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Category II |
LUC 20.25H.095 |
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Category III |
LUC 20.25H.095 |
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Category IV over 2,500 square feet |
LUC 20.25H.095 |
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Shorelines |
|
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Shorelines |
LUC 20.25E.017.D |
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Geologic Hazard Areas |
|
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Landslide hazards |
LUC 20.25H.120 |
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Steep slopes |
LUC 20.25H.120 |
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Coal mine hazard areas |
LUC 20.25H.120 |
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Habitat Associated with Species of Local Importance |
|
|
Habitat associated with species of local importance |
LUC 20.25H.150 |
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Areas of Special Flood Hazard |
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Areas of special flood hazard |
LUC 20.25H.175 |
(Ord. 5680, 6-26-06, § 3)
20.25H.030 Identification of critical area.
A. Determining Presence of Critical Area.
A determination of whether a site contains a critical area, critical area buffer, or critical area structure setback shall be made as part of the review process for the proposal, based on information provided by the applicant. The Director may specify the information required to determine the presence and extent of such areas, including, but not limited to: site surveys, topographic maps, technical environmental analysis, peer reviews, or other information the Director deems necessary. The location and extent of critical areas, critical area buffers, and critical area structure setbacks may be required to be surveyed, marked in the field with permanent signage, and fenced to separate such areas from development.
B. Recording Required.
1. Site Plan. The property owner receiving approval of a use or development within the Critical Areas Overlay District pursuant to this part shall record a site plan or other instrument clearly delineating the critical area, critical area buffer, and critical area structure setback with the King County Division of Records and Elections. The site plans must include a statement that the provisions of this part as now or hereafter amended control use and development of the subject property. Single lot residential development in single-family residential land use districts is exempt from this recording requirement, except where explicitly required in this part or where required as part of a voluntary compliance agreement or corrective action for a violation of this part, pursuant to Chapter 1.18 BCC.
2. Native Growth Protection Area/Easement. The Director may also require recording of the delineation of, and restrictions of, Native Growth Protection Areas (NGPA) or Native Growth Protection Easements (NGPE) designated as part of an approval of a subdivision, short subdivision or Planned Unit Development within the Critical Areas Overlay District, and as part of any approval to modify a critical area or critical area buffer. The NGPA or NGPE shall contain at minimum:
a. An assurance that the NGPA or NGPE will be kept free from all development and disturbance except where allowed or required for habitat improvement projects, vegetation management, and new or expanded City parks pursuant to LUC 20.25H.055; and that native vegetation, existing topography, and other natural features will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat;
b. The right of the City of Bellevue to enter the property to investigate the condition of the NGPA or NGPE upon reasonable notice;
c. The right of the City of Bellevue to enforce the terms of the restriction; and
d. A management plan for the NGPA or NGPE designating future management responsibility. (Ord. 5680, 6-26-06, § 3)
20.25H.035 Critical area buffers and structure setbacks.
A. Critical Area Buffer.
The following critical area buffers and structure setbacks are established for each critical area set forth below. For information about modifying required critical area buffers and structure setbacks, see the referenced sections noted in the table.
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Critical Area Category or Type |
Critical Area Buffer Width |
Structure Setback |
Modification of Buffer or Setback |
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Streams |
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Undeveloped Site1 |
Developed Site1 |
Undeveloped Site1 |
Developed Site1 |
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Type S water |
100 ft |
50 ft |
20 ft |
50 ft |
LUC 20.25H.075 LUC 20.25H.230 |
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Type F water |
100 ft |
50 ft |
20 ft |
50 ft |
LUC 20.25H.075 LUC 20.25H.230 |
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Type N water |
50 ft |
25 ft |
15 ft |
25 ft |
LUC 20.25H.075 LUC 20.25H.230 |
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Type O water |
25 ft |
25 ft |
10 ft |
None |
LUC 20.25H.075 LUC 20.25H.230 |
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Closed segment, regardless of type; Kelsey Creek drainage basin |
None |
None |
50 ft or combined buffer and structure setback required for stream type, whichever is less |
50 ft or combined buffer and structure setback required for stream type, whichever is less |
LUC 20.25H.075 LUC 20.25H.230 |
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Closed segment, regardless of type; all other drainage basins |
None |
None |
10 ft |
10 ft |
LUC 20.25H.075 LUC 20.25H.230 |
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Wetlands |
|||||
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Undeveloped Site2 |
Developed Site2 |
Undeveloped Site2 |
Developed Site2 |
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Category I |
As established through previously approved and recorded NGPA or NGPE for wetland |
20 ft |
20 ft from edge of previously approved and recorded NGPA or NGPE |
LUC 20.25H.095 LUC 20.25H.230 |
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Natural heritage wetland |
190 ft |
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Bogs |
190 ft |
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Forested wetland |
Based on score for habitat or water quality |
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Habitat score of 29 to 36 |
225 ft |
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Habitat score of 20 to 28 |
110 ft |
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Water quality score of 24 to 32 and habitat score of less than 20 |
75 ft |
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All others |
75 ft |
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Category II |
As established through previously approved and recorded NGPA or NGPE for wetland |
20 ft |
20 ft from edge of previously approved and recorded NGPA or NGPE |
LUC 20.25H.095 LUC 20.25H.230 |
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Habitat score of 29 to 36 |
225 ft |
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Habitat score of 20 to 28 |
110 ft |
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Water quality score of 24 to 32 and habitat score of less than 20 |
75 ft |
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All others |
75 ft |
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Category III |
As established through previously approved and recorded NGPA or NGPE for wetland |
15 ft |
15 ft from edge of previously approved and recorded NGPA or NGPE |
LUC 20.25H.095 LUC 20.25H.230 |
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Habitat score of 20 to 28 |
110 ft |
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All others |
60 ft |
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Category IV over 2,500 square feet |
As established through previously approved and recorded NGPA or NGPE for wetland |
None |
None |
LUC 20.25H.095 LUC 20.25H.230 |
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All |
40 ft |
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Shorelines |
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Undeveloped Site3 |
Developed Site3 |
Undeveloped Site3 |
Developed Site3 |
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All shorelines |
50 ft |
25 ft |
None |
25 ft |
LUC 20.25H.115 LUC 20.25H.230 |
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Geologic Hazard Areas |
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Landslide hazards |
Toe-of-slope: None |
Toe-of-slope: 75 ft |
LUC 20.25H.120 LUC 20.25H.230 |
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Top-of-slope: 50 ft |
Top-of-slope: None |
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Steep slopes |
Toe-of-slope: None |
Toe-of-slope: 75 ft |
LUC 20.25H.120 LUC 20.25H.230 |
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Top-of-slope: 50 ft |
Top-of-slope: None |
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Coal mine hazard areas |
See LUC 20.25H.130 |
See LUC 20.25.130 |
LUC 20.25H.120 LUC 20.25H.230 |
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Habitat Associated with Species of Local Importance |
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Habitat associated with species of local importance |
Only if required for known species on site |
None |
N/A |
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Naturally occurring ponds with no other critical area designation |
35 ft |
None |
LUC 20.25H.230 |
||
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Areas of Special Flood Hazard |
|||||
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Areas of special flood hazard |
None |
None |
N/A |
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1 For a definition of “undeveloped site” and “developed site” for sites with streams, see LUC 20.25H.075.C.1.a.
2 For a definition of “undeveloped site” and “developed site” for sites with wetlands, see LUC 20.25H.095.C.1.a.
3 For a definition of “undeveloped site” and “developed site” for sites with shorelines, see LUC 20.25H.115.B.1.a.
B. Buffer and Setback on Sites with Existing Primary Structure(s).
Where a primary structure legally established on a site prior to August 1, 2006, encroaches into the critical area buffer or structure setback established in subsection A, the critical area buffer and/or structure setback shall be modified to exclude the footprint of the existing primary structure. Expansion of any existing structure into the critical area buffer or critical area structure setback shall be allowed only pursuant to the provisions of LUC 20.25H.055 (single-family primary structures) or LUC 20.25H.230 (all other primary structures).
(Ord. 5680, 6-26-06, § 3)
20.25H.040 Standards for modifying non-critical area setbacks.
A. When Applicable.
Certain provisions of this part allow disturbance within a critical area or critical area buffer. This section applies when, pursuant to another section of this part, the applicant must demonstrate that non-critical area setbacks have been modified to the maximum extent allowed under this section. The provisions of this section may not be modified through a critical areas report.
B. Allowed Modifications to General Dimensional Chart.
The required dimensions of LUC 20.20.010 for non-critical area setbacks may be reduced to no less than the minimums set forth in this subsection; provided, that the modification shall be the minimum necessary to allow avoidance of the critical area and critical area buffer. All other provisions of LUC 20.20.010 shall apply, including the applicable footnotes from the general dimensional chart.
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Land Use District |
R-1 |
R-1.8 |
R-2.5 |
R-3.5 R-4 R-5 R-7.5* |
R-10 R-15 R-20 |
R-30 |
|
Front Yard (ft) (1) |
25 |
20 |
10 |
10 |
10 |
10 |