§ 33-6.25.10. Ministerial exceptions.  


Latest version.
  • The planning director is authorized to approve ministerial exceptions to the following greenspace requirements when strict application of this section would result in practical difficulties or a particular hardship to a property owner due to unique conditions of a property, or when flexible application of this division would result in improved design or environmental quality while maintaining the safety, health, and welfare of the public. The applicant shall submit a written request and reasons for any of the following exceptions with the application for site plan review.

    (a)

    A permanent in-ground automated and operable irrigation system due to restrictions of the site or where a stormwater management plan has been approved by the public works director;

    (b)

    Spacing, alignment, or class of trees due to the location of utilities or public infrastructure, structural footings, required clear vision or sight distance, or existing trees or structures that are proposed to remain on-site or in any adjacent public right-of-way;

    (c)

    To more efficiently accommodate required parking or internal circulation, the following exceptions may be granted:

    (1)

    The depth of a streetscape landscape area or the width of a buffer between properties or between parking lots or drive aisles, provided that at least one-half (½) of the required streetscape depth or buffer width is maintained and extends greater in some areas so that the average depth or width of the entire area or buffer is equal to the required streetscape depth or buffer width;

    (2)

    The substitution of typical landscape islands or planting strips in a parking lot with planting diamonds, provided that the minimum number of required interior trees or percentage of landscape area is not reduced.

    (d)

    Area of sign landscaping to meet requirements for parking, clear vision areas, or drive aisles and drive-thru lanes, or to accommodate other site constraints.

(Ord. No. 25405 , § 35, 8-9-17)