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C. In addition any exception must meet the following criteria: <br /> (1) The exception will not increase risk to the public health and <br /> welfare, nor be injurious to other properties in the vicinity <br /> and/or downstream, and to the quality of waters of the state; <br /> and <br /> (2) The exception is the least possible exception that could be <br /> granted to comply with the intent of the Minimum <br /> Requirements. <br /> SECTION 4: DEVELOPMENT IN CRITICAL AREAS. <br /> Section 4 of Ordinance 2196-97 (EMC 14.28.390),which reads as follows: <br /> Development which would increase the volume or rate of discharge due to any storm <br /> from the subject property shall not be permitted in areas designated as critical areas in the <br /> basin plan. Critical areas are those in which existing flooding, drainage, erosion and/or <br /> instability conditions present an imminent likelihood of harm to the welfare and safety of the <br /> surrounding community, or to the integrity of the surface water or groundwater system. <br /> Development shall not be permitted in these critical areas until such time as the existing <br /> community hazard is alleviated and it is adequately demonstrated that the proposed <br /> development will not cause a recurrence of the problem nor the occurrence of any new <br /> drainage-related problem. The City Engineer may also designate as critical any area in <br /> which comparable problems would occur in the future due to any increase in volume or peak <br /> discharge. The requirements of this section shall apply regardless of any other City regulation. <br /> Where applications of the provisions of this section will deny all reasonable use of the property, <br /> the restrictions on development contained in this section may be,waived for the subject property, <br /> provided that the resulting development shall be subject to all the remaining terms and condition <br /> of this ordinance. All decisions based on the provisions of this section shall be compatible with <br /> the comprehensive drainage plan for the basin in which the subject property is located. For <br /> development in areas designated as critical, the developer shall provide information regarding <br /> volume and rate of discharge for a range of storms as specified in the procedures manual. <br /> 30 <br />