Chapter 20.55
SHORELINE PERMITS
Sections:
20.55.000 Purpose.
20.55.010 Application requirements.
20.55.020 Notice.
20.55.025 Substantial development permits for limited utility extensions and bulkheads.
20.55.030 Review.
20.55.040 Variances.
20.55.050 Filing with state.
20.55.060 Effective date.
20.55.000 Purpose.
This chapter establishes the permit review procedure for shoreline permits, as required by the State Shorelines Management Act, Chapter 90.58 RCW and Chapter 173-14 WAC. A shoreline permit is required for any development defined as a substantial development in RCW 90.58.030(3)(e), and WAC 173-14-030, to be built on a shoreline as defined in RCW 90.58.030(2)(d) and (e), or as the same may be amended.
20.55.010 Application requirements.
In addition to the material required in Chapter 20.95 ECDC, the application shall contain all material required by WAC 173-14-110, or as the same may be amended.
20.55.020 Notice.
A. Publication. In addition to the requirements of Chapter 20.91 ECDC, notice shall be given by publication in a newspaper of general circulation in Edmonds at least once a week on the same day of the week for two consecutive weeks. Except as specially provided hereafter in ECDC 20.55.025, the last day of publication shall be at least 30 days before the first public hearing on the permit.
B. Contents. Except as specially provided hereafter in ECDC 20.55.025, and in addition to the requirements of Chapter 20.91 ECDC, the notice of the hearing examiner shall state that before the first pubic hearing, any person may request a copy of the final action on the permit. The notice shall also contain all information required by WAC 173-14-070, or as the same may be amended. [Ord. 3112 § 15, 1996; Ord. 2930 § 1, 1993].
20.55.025 Substantial development permits for limited utility extensions and bulkheads.
An applicant for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures:
A. The public comment period referred to under ECDC 20.55.020(A) shall be 20 days. The notice provision set forth in ECDC 20.55.020(B) shall state the manner in which the public may obtain a copy of the city's decision on the application no later than two days following its issuance;
B. The city shall issue its decision to grant or deny the permit within 21 days of the last day of the comment period specified in subsection A of this section; and
C. If there is an appeal, to the city, of the decision to grant or deny the permit, the appeal shall be finally determined by the city within 30 days;
D. For purposes of this section, a limited utility extension means the extension of a utility service that:
1. Is categorically exempt under Chapter 43.21C RCW for one or more of the following: natural gas, electricity, telephone, water or sewer;
2. Will serve an existing use in compliance with Chapter 90.58 RCW; and
3. Will not extend more than 2,500 linear feet within the shorelines of the state. [Ord. 2930 § 2, 1993].
20.55.030 Review.
The hearing examiner shall review and make recommendations on shoreline permits as provided in ECDC 20.100.010, using the criteria contained in the city shoreline master program, Chapter 15.35 ECDC, the policies of the Shoreline Act and of Chapter 173-14 WAC, or master program shall be reviewed using the additional criteria contained in the shoreline master program, ECDC 15.39.030, and the criteria of WAC 173-14-150, or as the same may be amended.
20.55.040 Variances.
Shoreline permits including proposed variances to the shoreline master program shall be reviewed using the additional criteria contained in the shoreline master program, ECDC 15.39.030, and the criteria of WAC 173-14-150, or as the same may be amended.
20.55.050 Filing with state.
The community development director shall file copies of the following with the Department of Ecology and the Attorney General within eight days of the final city action on a shoreline permit:
A. Decision. The final decision of the city on the permit, and the permit if it was approved.
B. Application. The application form, site plan and vicinity map.
C. Environmental Data. The environmental checklist, threshold determination, and the declaration of non-significance or the environmental impact statement. In lieu of this material, a summarization of the actions and dates of actions on environmental data may be filed.
D. Notice. The affidavits of notice.
20.55.060 Effective date.
No construction authorized by an approved shoreline permit may begin until 30 days after the final city decision on the proposal. This restriction shall be stated on the permit.