Ordinance 3676-19 - Laserfiche WebLink

d4. All other requirements of this chapter shall apply to the subject property, including but not limited to submittal of mitigation plans, monitoring reports, and assurance devices, installation of fencing and signs, and recording of protective covenants. 5C. Public Utility and Infrastructure Exce- •. . -- .__ • . •_• _ ._ - .. . . development proposal by a public agency or a utility to construct utility facilities for the conveyance shall be reviewed by the hearing examiner using the review process described in EMC Title 15, Local Project Review Procedures. a. The hearing examiner may approve, or approve with modifications, such a request only when the following findings are made: i. The application of this chapter would prohibit or unreasonably restrict the ability to provide necessary utilities or infrastructure improvements; ii. There is no other reasonable alternative to the proposed development with less impact on the critical arca; and iii. The proposal fully mitigates any impacts on the critical areas. CD. ' :••:' -• -• . •. . ._ - •-• '- ••• - - - - - . -- . . •. - . _ .. - described in Section 19.41.130 of this title shall not apply to the standards of this chapter.The following sections permit alteration or modification of the requirements of this chapter for protection of critical areas: 1. Section 19.37.080 for modification of standards for geologically hazardous areas; . _ '. ! - ••::• • -- • - • - - -. - - • - - '' -:.• .• - -- - ; 3. Section 19.37.170 for modification of standards for streams and their required buffers. DE. Alternative Best Available Science Analysis.The planning director may, using the review process _ _ - • - - - - - .•:. - this chapter as follows: 1. An applicant must submit a critical area study by a qualified professional that documents that the proposed development design/standards will result in a net improvement of the functions of the critical this chapter.The study must address best available science as it relates to the critical area functions. 2. The study must be circulated to appropriate state and federal resource agencies for review and comment opportunity prior to planning director authorization. 3. The development design/standards may include, but are not necessarily limited to, measures prescribed in an approved watershed conservation plan or other similar conservation plan that addresses critical ar as protection consistent with this section. to property or improvements in the vicinity and zone in which the subject property is located. (Ord. 3457 15 § 1, 2015; Ord. 2909 06 §5, 2006) 19.37.060 Permitted uses and activities. A. Uses permitted on lots containing or adjoining critical areas shall be the same as those permitted in the use zone in which the lot is located. Each use shall be evaluated in accordance with the review process required for the proposed use in the use zone in conjunction with the requirements of this chapter and other city, state, and federal regulations. Planning Commission Resolution 19-04 Page 14 Critical Areas March 19, 2019