22.06.030 Shoreline substantial developments.
A. A substantial development permit shall be obtained for all proposed use and development of shorelines unless the proposal is specifically exempt pursuant to BMC 22.05.020(A) and (B)(1).
B. Shoreline permits that include analysis and regulation of critical areas pursuant to BMC 22.08.030, Critical areas, shall comply with the applicable critical areas reports and mitigation plan submitted pursuant to BMC 22.06.020, Submittal requirements, as well as the general and specific performance standards specified in BMC 22.08.060 through 22.08.080.
C. In order to be approved, the director must find that the proposal is consistent with the following criteria:
1. All regulations of this program appropriate to the shoreline designation and the type of use or development activity proposed shall be complied with, except those bulk and dimensional standards that have been modified by approval of a shoreline variance under BMC 22.06.040, Variances.
2. All policies of this program appropriate to the shoreline designation and the type of use or development activity proposed shall be considered and substantial compliance demonstrated. A reasonable proposal that cannot fully conform to these policies may be permitted, provided it is demonstrated that the proposal is clearly consistent with the overall goals, objectives and intent of the program.
3. For projects located on shorelines of statewide significance, the policies of Chapter 22.04 BMC shall be also be adhered to.
D. Approval of Activities. The director shall condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffers, as necessary to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following:
1. Establishment of buffer zones;
2. Preservation of critically important vegetation and/or habitat features such as snags and downed wood;
3. Limitation of access to the habitat area, including fencing and signage to deter unauthorized access;
4. Seasonal restriction of construction activities;
5. Establishment of a duration and timetable for periodic review of mitigation activities; and
6. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation. [Ord. 2013-02-005 § 2 (Exh. 1)].