20.740.040 Approval Process | Vancouver Municipal Code

20.740.040 Approval Process.

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1. Pre-application Conference Required. A pre-application meeting or waiver per Chapter 20.210 VMC is required prior to submitting a critical areas permit. Provided, pre-application conferences shall not be required for the following:

a. Proposed activities within only ground shaking and/or liquefaction areas.

b. Proposals involving only an addition to an existing single-family home, including accessory structures.

c. Other minor improvements determined by the planning official to not warrant a pre-application meeting.

2. Critical Areas Permit. All Critical Areas Permits as determined to be necessary under Chapter 20.740 VMC and as stated below shall be processed as a Type I permit or, when submitted with another land use application, reviewed according to the procedures of the underlying land use application pursuant to Chapter 20.210 VMC.

a. New single-family and duplex residences, alterations to existing single-family and duplex residences, or new accessory structures located within a critical area or buffer, or on a property containing a critical area or buffer.

b. Application of pesticides, herbicides, fungicides or fertilizers within 25 feet of ponds, lakes, streams, rivers or wetlands.

c. Approval of agricultural activities within 25 feet of ponds, lakes, streams or rivers.

d. Critical Area restoration or enhancement projects not related to any development project; and establishment of mitigation banks.

e. Public improvement projects located entirely within the previously improved portion of the right-of-way, not otherwise exempted by this chapter.

f. Clearing vegetation within a critical area or buffer, including: (i) grading, uprooting or other activities that impair the soil stabilization function of vegetation in landslide hazard areas (VMC 20.740.130); (ii) removal of downed woody vegetation from wetlands, lakes, streams or rivers; and (iii) removal of trees, grasses, or brush to create fire-defensible space (subsection H of this section). However, clearing vegetation within the area of special flood hazard outside of the Riparian Management Area and Buffer and in seismic hazard areas shall not require a permit (see VMC 20.740.030).

g. Approval of programmatic permits (subsection G of this section) for activities within critical areas or buffers.

3. Review Procedure. The planning official shall make a determination as to whether the proposed activity and mitigation, if any, are consistent with the provisions of VMC Title 20. The planning official’s determination shall be based on the approval criteria of VMC 20.740.060. The Critical Areas Permit shall be valid for as long as the underlying land use permit or as otherwise specified by the planning official.

1. Covenants. This section applies to all nonexempt projects that involve critical areas and buffers.

a. In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is approved shall file a covenant with the county records and elections division according to the direction of the city. The covenant shall state the presence of the critical area or buffer on the property, the application of this chapter to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The covenant shall “run with the land.”

b. The applicant shall submit proof that the covenant has been filed for public record before the city approves any site development or construction for the property or, in the case of subdivisions, short subdivisions, planned unit developments, binding site plans, and other developments that involve platting, at or before recording of the plat.

2. Tracts. This section applies in addition to subsection (B)(1) of this section to projects that involve platting on properties containing fish and wildlife habitat conservation areas, wetlands, and their buffers. The planning official may also apply this section to developments that involve platting on properties containing geologic hazard areas and their buffers. The location of the tract, critical area(s), and buffer(s) shall be shown on the face of the plat. See subsection (B)(2)(b) of this section for exceptions.

a. The property owner shall place the subject critical areas and buffers in one or more nondevelopable tracts except when:

i. Creation of a nonbuildable tract would result in violation of minimum lot depth standards; or

ii. The responsible official determines a tract is impractical.

b. When an exception in subsection (B)(2)(a) of this section applies, residential lots may extend into the critical area(s) or buffer(s) provided:

i. The location of the outer perimeter of the critical area(s) and buffer(s) is marked in the field and approved by the planning official prior to the commencement of permitted activities and maintained throughout the duration of the permit.

ii. A permanent physical demarcation along the outer/upland boundary of the critical area buffer(s) is installed and thereafter maintained. Such demarcation may consist of fencing, hedging or other prominent physical marking that allows wildlife passage, blends with the critical area environment, and is approved by the planning official.

iii. Permanent signs are posted at an interval of one per lot for single-family residential uses or at a maximum interval of 200 feet, or as otherwise determined by the planning official, and must be perpetually maintained by the property owner. The sign shall be worded as follows or with alternative language approved by the planning official: “The area beyond this sign is a critical area or critical area buffer. Alteration or disturbance is prohibited by law. Please call the City of Vancouver for more information.”

1. When mitigation required pursuant to a development proposal is not completed prior to the city final permit approval, such as final plat approval or final building inspection, the city shall require the applicant to provide security in a form and amount deemed acceptable by the city. If the development proposal is subject to mitigation, the applicant shall provide security in a form and amount deemed acceptable by the city to ensure mitigation is fully functional (including but not limited to construction, maintenance, and monitoring).

2. The security shall be in the amount of 125 percent of the estimated cost of restoring the functions of the critical area that are at risk.

3. The security authorized by this section shall remain in effect until the city determines, in writing, that the standards for which the security is required have been met. Bonds or other security shall be held by the city for a minimum of five years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary.

4. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.

5. Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed in the project budget or capital improvement budget for mitigation, maintenance, monitoring, or restoration.

6. Failure to satisfy any critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the city may demand payment of any financial guarantees or require other action authorized by the city code or any other law.

7. Any funds recovered pursuant to this section shall be used to complete the required mitigation. Excess funds shall be returned to the applicant.

D. Critical Area Inspections. Reasonable access to the site shall be provided to the city, state, and federal agency review staff for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period.

E. Reconsideration of planning official’s determination. If, within five days following the date of mailing of a Critical Areas Permit, new information relevant to the decision is made available, any party may request that the decision be reconsidered. If the new information is found to be substantial and relevant to the critical area review, the planning official may reopen the critical area review and make a new determination based on the revised report. The Critical Areas Permit shall not be considered final and subject to appeal until the decision on the request for reconsideration, if applied for, has been issued.

F. Appeals. Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this chapter may be appealed according to VMC 20.210.130.

G. Programmatic Permits. The purpose of a programmatic permit is to provide for ongoing, routine maintenance, operation, or repair activities on sites containing critical areas or buffers (1) so as not to impair an agency’s or business’s ability to operate effectively and efficiently; and (2) at the same time protect critical areas and buffers in accordance with this chapter.

1. In addition to the submittal requirements in VMC 20.740.050, applicants for a programmatic permit shall submit a proposed management plan. The management plan shall contain:

a. A narrative explaining the need for the programmatic permit.

b. A list of the ongoing, routine, maintenance, operation, or repair activities that impact or potentially impact critical areas and buffers.

c. A description of the potentially impacted critical area and buffer functions.

d. Proposed measures and standards for avoiding impacts to critical area and buffer functions and, where unavoidable, minimizing and mitigating those impacts to achieve no net loss of functions.

e. A training program ensuring that all employees, contractors, and individuals under the supervision of the applicant who are involved in permitted activities understand and perform in accordance with the terms of the permit.

2. A programmatic permit may be approved for up to seven years. The permit duration may be tied to other permits or processes.

3. Every two years within 30 days of the anniversary of permit issuance for the duration of the permit, the applicant shall submit a report to the planning official summarizing activities undertaken under the programmatic permit including any issues to be resolved. The report shall also document the training provided in accordance with subsection (G)(1)(e) of this section.

4. The applicant or the city may initiate an amendment to the programmatic permit to respond to permit performance issues. An amendment shall be considered through a Type 1 process following a pre-application conference.

5. An application for reauthorization of a programmatic permit shall be submitted at least 90 days prior to the date the current permit expires. Programmatic permits may be reauthorized through a Type 1 process following a required pre-application conference. Permit standards and conditions may be modified to conform to the current codes, policies, and standards or based on past performance. Where the review of the reauthorization application will extend beyond the expiration date of the current programmatic permit, the planning official may extend the duration of the current permit for 30 days at a time, not to exceed 180 days.

H. Trees, grasses, and brush in a critical area or buffer may be pruned or removed to create fire-defensible space around a structure (see subsection (A)(2)(f) of this section) when one or more of the criteria in VMC 20.740.030(C)(1)(f)(i)(A) through (C)(1)(f)(i)(F) are met. When creating fire-defensible space is permitted, the following standards shall apply:

1. Grasses and underbrush shall be maintained between eight inches and 12 inches in height.

2. Trees may be pruned, limbed-up, or removed. Topping trees is prohibited.

3. Removal of vegetation in a landslide hazard area is prohibited during the wet season (November 1st to May 1st). The area must be immediately replanted to ensure soil stability. The property owner shall maintain the newly planted vegetation to ensure its survival.

4. Any debris from vegetation removal shall be disposed of promptly and properly.

5. Required replantings shall be of native, fire-resistant species. A list of native, fire-resistant species is available from the planning official.

I. Development may be permitted on a site containing a critical area(s) or buffer(s) which may also be subject to state or federal permits prior to all necessary state or federal permits being obtained when all of the following criteria are met:

1. A phased master plan is submitted under Chapter 20.260 or 20.268 VMC as appropriate, demonstrating:

a. How the maximum critical area(s) and maximum buffer(s) will be clearly avoided until all local, state, or federal permits are obtained;

b. How each phase could be permitted as an individual project not relying on development of any other phases in any way;

c. How each phase could be developed regardless of whether any or all of the pending state or federal permits are ever obtained;

d. No net loss of critical area functions for each phase and for the project as a whole, regardless of whether any or all of the pending state or federal permits are ever obtained.

2. Development is permitted only in the area that clearly avoids (VMC 20.740.030(B)(2)(f)(i)(A)) the maximum critical area(s) and buffer(s). (Ord. M-4105 § 3, 11/17/2014; Ord. M-4017 § 6, 07/16/2012; Ord. M-3959 § 37, 07/19/2010; Ord. M-3931 § 23, 11/02/2009; Ord. M-3844 § 2, 10/01/2007; Ord. M-3692, Added, 02/28/2005, Sec 2)