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D. Critical Area Study — Modifications to Requirements. <br />1. The Director may limit the required geographic area of the critical area study <br />as appropriate if the applicant, with assistance from the City, cannot obtain permission to <br />access properties adjacent to the project area. <br />2. The Director may allow modifications to the required contents of the study <br />where, in the judgment of a qualified professional, more or less information is required to <br />adequately address the potential critical area impacts and required mitigation. <br />E. Review of Studies. The Department of Community Development will review <br />and verify the information submitted in the critical area study to confirm the nature and <br />type of the critical area. The Public Works Department shall seek a peer review of the <br />geotechnical report on Class 3 and 4 slopes; and peer review on Class 2 slopes may be <br />required at the discretion of the Public Works Director. Peer review of the geotechnical <br />reports shall be at the expense of the applicants. For all other critical areas and at the <br />discretion of the Director, critical area studies may undergo peer review, at the expense <br />of the applicant. <br />Section 25. TMC Section 18.45.070 is hereby reenacted to read as follows: <br />18.45.070 Critical Area Permitted Activities <br />A. Outright Permitted Activities. T <br />subject to the provisions of TMC Chapter 21 <br />chapter, if applicable: <br />ie following activities are outright permitted <br />04 and of the mitigation requirements of this <br />1. Maintenance and repair of existing facilities provided no alteration or <br />additional fill materials will be placed or heavy construction equipment used in the critical <br />area or buffer. <br />2. Site exploration or research that does not include use of heavy equipment <br />or native vegetation removal. <br />3. Maintenance and repair of essential streets, roads, rights -of -way, or utilities, <br />and placement, maintenance, and repair of new fiberoptic utilities within existing improved <br />and paved roads. <br />4. Actions to remedy the effects of emergencies that threaten the public health, <br />safety or welfare. <br />5. Maintenance activities of existing landscaping and gardens in a critical area <br />buffer including, but not limited, to mowing lawns, weeding, harvesting and replanting of <br />garden crops and pruning and planting of vegetation. This provision does not apply to <br />removal of established native trees and shrubs, or to the excavation, filling, and <br />construction of new landscaping features, such as concrete work, berms and walls. <br />w:\Legislative Development\Critical Areas update 2-25-20 <br />MD:bjs Review and analysis by Barbara Saxton Page 14 of 87 <br />