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to achieve the reduction in the /WQ Management Area to 33%, <br />and in no case shall the setback boundary be located within the <br />waterway channel; <br />5. For parcels 13,500 square feet or greater, the water quality <br />function rating when the proposed adjustment is implemented will <br />be equal to or greater than the pre-adjustment water quality <br />function rating for the /WQ Management Area based on the city’s <br />Water Quality Function Rating System; and <br />6. Removal of all refuse, toxics, fill, unauthorized auto bodies, or <br />similar materials located within the /WQ Management Area that <br />are harmful to water quality or that limit the filtration of pollutants <br />from runoff that flows across the /WQ Management Area shall be <br />a condition of approval. <br />(b) Adjustment to Applicable Setback Due to Development Constraints. For <br />a parcel containing a /WQ Management Area, an adjustment to the <br />applicable setback provisions of EC 9.4778(1)(b) and (c) shall be made if <br />no previous adjustment under this section has been approved for the <br />specific portion of the /WQ Management Area, consistent with the <br />following: <br />1. The adjustment is necessary due to development constraints on the <br />lot caused by the unique physical characteristics of the lot, including <br />but not limited to narrow lot dimensions, irregular shape, and the <br />relationship of these characteristics to the location and extent of the <br />/WQ Management Area; <br />2. The adjustment is the minimum necessary to allow the proposed <br />use; <br />3. Except as provided under (b)4. below, the new setback boundary <br />shall be located through the application of setback averaging with <br />no overall reduction in the /WQ Management Area. Setback <br />averaging shall be accomplished by expanding the /WQ <br />Management Area in an undeveloped area of the development site <br />and reducing it in another area of the development site, provided: <br />a. At any location, the applicable setback is not reduced by more <br />than 15 feet for a 25-foot setback or by more than 20 feet for a <br />40-foot setback; and <br />b. The water quality function rating when the proposed <br />adjustment is implemented will be equal to or greater than the <br />pre-adjustment water quality function rating for the /WQ <br />Management Area based on the city’s Water Quality Function <br />Rating System; <br />4. If, after applying the provisions of (b)3. above, the parcel remains <br />physically constrained as described in (b)1. above, then the overall <br />/WQ Management Area may be reduced. The new setback <br />boundary shall be located: <br />a. Parallel to the original boundary (closer to the waterway); or <br />b. Through the application of setback averaging. Setback <br />averaging shall be accomplished by expanding the /WQ <br />Management Area in an undeveloped area of the development <br />site, and reducing it in another area of the development site. <br />c. For either the parallel adjustment in 4.a. or the setback <br />averaging adjustment in 4.b., the applicable setback is not <br />Ordinance - 20 <br /> <br />