A. Waiver Of Slope Protection Standards For Lots Of Record:
1. Subject to the conditions set forth in subsection A2 of this section, the planning commission may waive or modify the following standards as applied to development on lots of record and in subdivisions that were approved prior to the effective date hereof:
a. Slope protection standards regarding prohibition of development on slopes greater than thirty percent (30%) or in ridgeline protection areas, as set forth in subsection 13.72.030B of this chapter; or
b. Limitations on the crossing of slopes greater than thirty percent (30%) with any street, road, private access road or other vehicular route, as addressed in subsections 13.72.030D3 and D4 of this chapter.
2. The planning commission may waive or modify the aforementioned standards only upon substantiation of compliance with the following findings:
a. Strict compliance with the slope protection standards in subsection 13.72.030B or 13.72.030D3 and D4 of this chapter would render the site completely undevelopable; or
b. Strict compliance with the slope protection standards in subsection 13.72.030B or 13.72.030D3 and D4 of this chapter would result in a substantial economic hardship, not created by the applicant or otherwise self-imposed; and
c. The development conforms with all other development, site design, and environmental standards set forth in this chapter, in chapter 13.73, "Foothills And Canyons Site Development And Design Standards", of this title and in all other applicable ordinances and codes.
3. Notwithstanding its discretion to grant waivers for lots of record from the slope protection standards set forth in this chapter, in no case shall the planning commission permit development other than roads on slopes greater than forty percent (40%).
4. In granting a waiver from or modification of the slope and ridgeline protection standards set forth in subsection 13.72.030B of this chapter, the planning commission may impose such conditions as are reasonable and appropriate to mitigate the impacts of the proposed development on adjacent properties and area characteristics. Such conditions may include, for example, but are not limited to, a reduction in the maximum building height otherwise permitted by the underlying zone (e.g., a reduction to 20 feet from the 30 feet maximum building height permitted in the FR zone).
B. Administrative Modification Of Standards Allowed: In establishing the limits of disturbance for developments subject to this chapter, the community development director shall have the discretion to modify the following development standards up to a maximum of twenty five percent (25%), or greater if specifically permitted by this subsection.
2. Driveway access standards, as set forth in subsection 13.72.030E of this chapter;
3. Tree and vegetation protection standards, as set forth in subsection 13.72.030H of this chapter;
a. Modifications of up to fifty percent (50%) may be allowed where strict application of these setback standards would render a site undevelopable, provided that all other federal, state, and city laws are complied with.
b. For renovations, alterations, or expansions of a building or structure legally existing on the effective date hereof, modifications exceeding twenty five percent (25%) of the required stream corridor setback may be allowed by the planning commission, provided the applicant shows the following:
(1) No alternative location for the development that is further from the stream is feasible or available; and
(2) The renovation, alternation, or expansion does not increase the gross floor area of the original, existing building or structure by more than fifty percent (50%); and
(3) The applicant shows that creative architectural or environmental solutions can be applied and used to achieve the purposes of stream corridor protection as set forth in this chapter.
5. Site and building design standards, as set forth in subsection 13.72.030L of this chapter. The community development director may only modify the aforementioned standards upon substantiation of compliance with the following findings:
a. Strict application of the standards would render a site undevelopable; or
b. Modification would result in less visual impact, more effective preservation of existing mature trees, vegetation and riparian areas, or protection of wildlife habitat.
In no case shall the modification cause the maximum limits of disturbance set forth in subsection 13.72.040F of this chapter to be exceeded. Appeals of decisions on modifications shall be addressed as set forth in chapter 13.09 of this title, as applicable.
C. Violations/Penalties For Unauthorized Land Disturbance And Tree/Vegetation Removal: Any applicant, whether as principal, agent, employee, or other, who violates the provisions of this chapter by removing trees or vegetation or exceeding the prescribed limits of disturbance shall be guilty of a misdemeanor and punishable as provided by law and/or shall be subject to civil penalties as provided by law. Such applicant who violates this chapter shall be deemed to be guilty of a separate offense for each and every day during which any violation of this chapter is committed, continued, or permitted by such person. In addition, any applicant violating the provisions of this chapter shall replace all trees/vegetation illegally removed pursuant to the standards set forth in subsection 13.72.030H of this chapter.
D. Improvement Competition Assurance: Guarantee bonds for required public improvements required under this chapter shall be subject to the provisions of the subdivision regulations set out at chapter 13.10 and section 13.01.100 of this title. (Ord. 2012-15, 9-20-2012; amd. Ord. 2023-10, 9-7-2023)