23.60A.066

A. Optional Plan Shoreline Permits 1. If a utility service use, utility line, or sewage treatment plant is allowed in the Shoreline District after a determination that no feasible alternative location exists, the applicant may request the determination whether such alternative exists be made as part of the project-specific permit application or as an independent shoreline permit decision prior to submission of an application for a project-specific shoreline permit for the development. This latter determination is called a "Plan Shoreline Permit" decision. 2. The Director may accept an application for a Plan Shoreline Permit if the Director finds that a proposal for a development within the Shoreline District is complex, involves the phasing of programmatic and project-specific decisions, or affects more than one shoreline site. 3. If a Plan Shoreline Permit is approved, the applicant shall obtain a subsequent shoreline permit with accompanying environmental documentation prior to construction of a specific project in the Shoreline District. B. Application Requirements for Plan Shoreline Permits 1. Application for a Plan Shoreline Permit shall include the scope and intent of proposed projects within the Shoreline District and the appropriate non-shoreline alternative(s) identified by the applicant or the Director. 2. The application shall be accompanied by the necessary environmental documentation, as determined by the Director, including an assessment of the impacts of the proposed projects and of the non-shoreline alternative(s), according to the state and local SEPA guidelines. 3. The application shall provide the information specified in WAC 173-27-180 and this Title 23. The application shall include information on the overall system that outlines the interrelationship of shoreline and non-shoreline facilities. Schematic plans outlining dimensions, elevations, locations on site and similar specifications shall be provided for projects within the Shoreline District and for the non-shoreline alternative(s), which may be changed at the time of the project-specific shoreline permit(s) within the limitations of subsection 23.60A.066.F. C. Type of Decision 1. Plan Shoreline Permits a. The decision on a Plan Shoreline Permit for sewage treatment plants shall be made by the Council as a Council conditional use pursuant to Chapter 23.76 and Sections 23.60A.038 and 23.60A.067 . b. The decision on a Plan Shoreline Permit for utility lines and utility service uses shall be made by the Director as a shoreline substantial development permit, pursuant to Chapter 23.76 and Sections 23.60A.030 , 23.60A.063 and 23.60A.064 . c. The Council or the Director may grant the Plan Shoreline Permit with conditions, including conditions applying mitigation sequencing as provided in Section 23.60A.158 , or may deny the permit. 2. Project Specific-Substantial Development Permits a. The decision on a project specific-Substantial Development Permit for a sewage treatment plant for which a Plan Shoreline Permit has been issued shall be made by the Council as a Council conditional use, pursuant to Chapter 23.76 and Sections 23.60A.038 and 23.60A.067 . b. The decision on a project specific-Substantial Development Permit for utility lines and utility service uses for which a Plan Shoreline Permit has been issued shall be made by the Director as a shoreline substantial development permit, pursuant to Chapter 23.76 and Sections 23.60A.030 , 23.60A.063 , and 23.60A.064 . D. Criteria for Decision. The decision whether no feasible alternative location exists shall be based upon the Shoreline Policies in the Seattle Comprehensive Plan and upon the Shoreline Management Act, as amended, and a full consideration shall be given to balancing environmental, social, and economic impacts on the community. E. Appeal of Decision on a Plan Shoreline Permit. The decision of the Council for a Council conditional use or of the Director for Type II decisions on a Plan Shoreline Permit is final and binding upon the City and the applicant. The decision is subject to appeal to the State Shoreline Hearings Board pursuant to Section 23.60A.071 . If no timely appeal is made, the Plan Shoreline Permit may not later be appealed in conjunction with an appeal of a shoreline permit issued for a specific project at the approved location(s). F. Project-specific shoreline substantial development permits relying on a Plan Shoreline Permit. An application for substantial development that is allowed in the Shoreline District after a determination that no feasible alternative location exists and that relies upon a Plan Shoreline Permit may be approved if it complies with the provisions of this Chapter 23.60A , including mitigation sequencing, and is in substantial conformance with the Plan Shoreline Permit. Substantial conformance includes, but is not limited to, a determination that all of the following standards have been met: 1. There is no increase in the amount or change in location of fill on submerged lands; 2. There is no increase in lot coverage over water; 3. There is no net substantial increase in adverse environmental impacts in the Shoreline District compared to the adverse impacts of the proposed development allowed in the Plan Shoreline Permit; and 4. Conditions included as part of the Plan Shoreline Permit are met. (Ord. 124750 , § 3, 2015; Ord. 124105 , § 3, 2013.)