§ 18.108.040. Exceptions in the form of a use permit.  


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  • Upon application by the landowner or leaseholder of a site, an exception in the form of a use permit may be granted to any of the requirements of this chapter other than subsection (B) of Section 18.108.060 if, after a public hearing, findings can be made that:

    A.

    For structural/road development projects, all of the following are true:

    1.

    Roads, driveways, buildings and other man-made structures have been designed to complement the natural landform and to avoid excessive grading;

    2.

    Primary and accessory structures employ architectural and design elements which in total serve to reduce the amount of grading and earthmoving activity required for the project, including the following elements:

    a.

    Multiple-floor levels which follow existing, natural slopes,

    b.

    Foundation types such as poles, piles, or stepping levels which minimize cut and fill and the need for retaining walls, and

    c.

    Fence lines, walls, and other features which blend with the existing terrain rather than strike off at an angle against it;

    3.

    The development project minimizes removal of existing vegetation, incorporates existing vegetation into the final design plan, and replacement vegetation of appropriate size, quality and quantity is included to mitigate adverse environmental effects;

    4.

    Adequate fire safety measures have been incorporated into the design of the proposed development;

    5.

    Disturbance to streams and watercourses shall be minimized, and the encroachment if any, is the minimum necessary to implement the project;

    6.

    The project does not adversely impact threatened or endangered plant or animal habitats as designated by state or federal agencies or identified as special status species, sensitive biotic communities or habitats of limited distribution in the county's Baseline Data Report (2005 or as amended) or Environmental Resources Mapping System;

    7.

    An erosion control plan, or equivalent NPDES stormwater management plan, has been prepared in accordance with Section 18.108.080 and has been approved by the director; and

    8.

    The proposed development does not result in a net increase in soil loss and runoff.

    B.

    For agricultural projects and related agricultural roads (as determined by the planning department), all of the following are true:

    1.

    The proposed development does not result in a net increase in soil loss and runoff;

    2.

    An erosion control plan has been prepared in accordance with Section 18.108.080 and has been approved by the director;

    3.

    Impacts on streams and watercourses are minimized, and adequate setbacks along these drainageways are or will be maintained; and

    4.

    The project does not adversely impact threatened or endangered plant or animal habitats as designated by state or federal agencies or identified as special-status species, sensitive biotic communities or habitats of limited distribution on the county's Baseline Data Report (2005 or as amended) or Environmental Resources Mapping System.

    (Ord. 1259 § 5, 2005: Ord. 1062 § 10, 1994; Ord. 991 § 1 (part), 1991: prior code § 12459)

(Ord. No. 1370, § 41, 3-20-2012; Ord. No. 1438, § 7, 4-9-2019)