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A. The planned action ordinance responsible official for the waterfront district planned action area defined herein (the “PAO responsible official”) shall be the city’s planning director, or the planning director’s authorized representative.

B. The PAO responsible official is authorized to designate as a planned action, pursuant to RCW 43.21C.031, a project application that meets all of the following conditions:

1. The project is located within the planned action area identified in Figure 16.30.100, or is an off-site improvement directly related to a proposed development within the planned action area.

2. The project is consistent with the city of Bellingham comprehensive plan, and with the waterfront district subarea plan.

3. The project’s probable significant adverse environmental impacts have been adequately addressed in the EIS.

4. The proposed uses and activities are consistent with those described in the preferred alternative of the EIS and BMC 16.30.130(D).

5. The project is within the planned action thresholds and other criteria described in BMC 16.30.130(D).

6. The project’s significant impacts have been mitigated by application of the mitigation measures contained in Exhibit A, Waterfront District Planned Action Mitigation Measures, at the end of this article.

7. Adequate infrastructure improvements are in place, or will be in place at completion of the project, to support development of the project.

8. The proposed project shall comply with all applicable local, state and federal regulations.

9. The proposed project is not an essential public facility as defined in RCW 36.70A.200 and Chapter 20.17 BMC. [Ord. 2013-12-091 § 1].