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A. Only those essential public facilities listed below are subject to provisions in this section.

1. Streets.

a. San Juan Boulevard.

b. Horton Road (between Northwest Avenue and Cordata Parkway).

2. Water.

a. Water treatment plant expansion.

b. Upper Yew Reservoir, pump station, access road and mains.

3. Trails.

a. Bay to Baker Trail from Roeder Avenue to city limits.

b. Interurban Trail improvements through Arroyo Park and proposed connections to Woodstock Farm.

c. West Bakerview Trails (between Eliza and Northwest).

d. Aldrich/Horton Trails.

e. Padden Creek Trail.

f. Samish Crest Trail.

g. Northridge Park neighborhood trail connectors.

h. Cordata Park (west of Cordata Parkway) neighborhood trail connectors.

4. Parks.

a. Northridge Park.

b. Cordata Park (west of Cordata Parkway).

B. Requirements. A critical area permit is not required for the essential public facilities listed above in subsection (A) of this section. However, the applicant for the proposed essential public facility has the burden of showing proof that:

1. There is no practical alternative to the proposed development with less impact on the city’s critical areas;

2. Any proposed alteration of a critical area to construct the essential public facility is the minimum necessary to accommodate the essential public facility;

3. The construction of the essential public facility minimizes the adverse impacts on the critical area; and

4. The construction of the essential public facility utilizes best available science and results in no net loss of function to the type of critical area being impacted.

C. Decision. The applicant shall submit a critical area report and mitigation plan, if impacts occur, for each critical area type involved. The director’s decision on an essential public facility listed above in subsection (A) of this section is a Type II decision and shall comply with the provisions of BMC 21.10.110. [Ord. 2016-02-005 § 6].