14.04.130 Exception – Public agency and utility.
A. If the application of this chapter would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section. However, this exception section does not apply to provide any exception to the requirements of Article XIII of this chapter. Instead, special flood hazard area exceptions must comply with all special flood hazard area requirements in Article XIII of this chapter and 44 CFR 60.6(a).
B. Exception Request and Review Process. An application for a public agency and utility exception shall be made to the city and shall include a critical area identification form; critical areas report, including mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The director shall prepare a recommendation to the hearing body based on review of the submitted information, a site inspection, and the proposal’s ability to comply with public agency and utility exception review criteria in subsection D of this section.
C. Hearing Body Review. The hearing body shall review the application and director’s recommendation, and conduct a public hearing pursuant to the provisions of BMC Title 11. The hearing body shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the public agency and utility exception criteria in subsection D of this section.
D. Public Agency and Utility Review Criteria. The criteria for review and approval of public agency and utility exceptions follow:
1. There is no other practical alternative to the proposed development with less impact on the critical areas;
2. The application of this chapter would unreasonably restrict the ability to provide utility services to the public;
3. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
4. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and
5. The proposal is consistent with other applicable regulations and standards.
E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. (Ord. 2315 § 6, 2020; Ord. 2010 § 1 (Exh. B), 2009; Ord. 1946 § 3, 2005).