Ordinance No. 20430 - Laserfiche WebLink

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reduced by more than 15 feet for a 25-foot setback or by more than 20 feet for a 40-foot setback; d. For either the parallel adjustment in 4.a. or the setback averaging adjustment in 4.b., the water quality function rating when the proposed adjustment is implemented will be at least 150% of the pre-adjustment water quality function rating for the /WQ Management Area based on the city’s Water Quality Function Rating System. 5. Removal of all refuse, toxics, fill, unauthorized auto bodies, or similar materials located within the /WQ Management Area that are harmful to water quality or that limit the filtration of pollutants from runoff that flows across the /WQ Management Area shall be a condition of approval. (c) Adjustment to Allowed Uses and Development Standards. For property containing a /WQ Management Area, an adjustment to the provisions of EC 9.4780 or EC 9.4790 shall be made consistent with the following: 1. If the proposed adjustment is to allow a use that is otherwise prohibited under EC 9.4780(4), one of the following shall apply: a. General Use Adjustment. (1) The proposed use is of similar nature to a specific use listed in EC 9.4780(2) or (3); (2) The applicant has submitted evidence through a qualified professional that the proposed use will have a water quality impact similar to the specific use identified pursuant to a.(1) above; and (3) The applicant has shown compliance with any standards applicable to the specific use identified pursuant to a.(1), above. b. Public Transportation System Improvements. (1) The use or activity is: (a) Necessary to construct a transportation facility included on a financially constrained or illustrative table in the federally approved Regional Transportation Plan; or (b) Necessary to protect the public safety by ensuring the structural integrity of existing flood control structures; and (2) The applicant has demonstrated that, based on the city’s Water Quality Function Rating System (see EC 9.4782), the project will result in a water quality function rating equal to or greater than previously existed. (3) If the applicant demonstrates that it is not feasible to meet the standards described in (c)1.a.(3) above, the applicant shall, instead, make improvements to another /WQ waterway over which the applicant also has management control. The applicant shall demonstrate that, based on the city’s Water Quality Function Rating System (see EC 9.4782), such improvements will result in an increase in the water quality function rating of that waterway by an amount that is equal to or greater than Ordinance - 21