Ordinance 2538-01 - Laserfiche WebLink

SECTION 46: That Ordinance No. 1671-89 as amended by Section 5 of Ordinance No. 1838-91 (EMC 19.37.050 E)which reads in part as follows: E. Public Utility and Infrastructure Exception. If the application of this section would prohibit a development proposal by a public agency or public utility to construct utility lines for the conveyance of water, sewage, storm drainage, natural gas, or telecommunications; or the construction of collector or arterial streets and highways, the agency or utility may request an exception pursuant to this subsection. Such a request shall be reviewed by the hearing examiner using Review Process III.B. The hearing examiner may approve, or approve with modifications such a request only when the following findings are made: 1. There is no other practicable alternative to the proposed development with less impact on the environmentally sensitive area; and 2. The proposal mitigates the impacts on the environmentally sensitive areas to the maximum extent possible; and 3. The proposal does not impact a significant fish or wildlife habitat area. BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: E. Public Utility and Infrastructure Exception. If the application of this section would prohibit a development proposal by a public agency or public utility to construct utility lines for the conveyance of water, sewage, storm drainage, natural gas, or telecommunications; or the construction of collector or arterial streets and highways, the agency or utility may request an exception pursuant to this subsection. Such a request shall be reviewed by the hearing examiner using the review process described in the City's Local Project Review Procedures Ordinance. The hearing examiner may approve, or approve with modifications such a request only when the following findings are made: 1. There is no other practicable alternative to the proposed development with less impact on the environmentally sensitive area; and 2. The proposal mitigates the impacts on the environmentally sensitive areas to the maximum extent possible; and 3. The proposal does not impact a significant fish or wildlife habitat area. SECTION 47: That Section 8 of Ordinance No. 1838-91 (EMC 19.37.080 C) which reads in part as follows: C. Permitted Alterations. Unless associated with another environmentally sensitive area, the planning director, using Review Process II.C,may allow alteration of an area identified as a geologically hazardous area or the standard buffers listed in subsection B of this section if he/she approves a geotechnical report which demonstrates that: 1. The proposed development will not create a hazard to the subject property, surrounding properties or rights-of-way, erosion or sedimentation to off-site properties or bodies of water; 2. The proposal addresses the existing geological constraints of the site, including an assessment of soils and hydrology; 38