16.10.035 Public agency and utility exception.
(1) If application of this title would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section. To qualify for an exception the agency or utility must demonstrate the following criteria:
(a) Criteria for Exception.
(i) That there is no other practical alternative to the proposed development which has less impact on critical areas;
(ii) That the application of this title would unreasonably restrict the ability to provide necessary utility services to the public;
(iii) That the proposed use does not pose a threat to the public health, safety or welfare;
(iv) That the proposal protects critical areas functions and values to the extent possible and provides for mitigation in accord with the provisions of this title; and
(v) The proposal is consistent with other applicable regulations and standards.
(2) A request for exception shall be submitted to the city with the application materials for the particular development proposal. The request shall contain explanation as to how the criteria are satisfied. The administrator may require additional information or studies to supplement the exception request. (Ord. 563 § 1, 2019)