A. Purpose: The purpose of the low impact permit is to provide a process and procedure for reviewing and approving, approving with conditions, or denying a low impact use. Low impact uses are identified in section 11-3-16, "Chart Of Allowed And Permitted Uses", of this title. Upon compliance with the provisions of this section, a low impact permit may be granted by the Community Development Director, with reasonable conditions necessary for the protection and preservation of the public health, safety, and welfare.
B. Applicability: A low impact permit is utilized to obtain administrative approval for projects determined to be low intensity and which are in conformance with the development evaluation standards and general regulations of this title. An application for approval of a low impact permit shall be commenced by filing a plan and paying the applicable fee with the Community Development Department.
C. Review Procedure:
1. The applicant shall provide a development plan and description of the proposed project. The plan shall contain enough information, in graphic and text form, to adequately describe to the satisfaction of the Community Development Director the applicant's intentions with regard to use, site layout and compliance with this chapter, and any applicable ordinance, development permit, or development agreement.
2. In proposals where the Community Development Director determines that potential issues may arise or additional comment is needed or has been received from the community, a public hearing on the application may be scheduled with the Planning Commission. Following the public hearing, the Planning Commission shall make a recommendation to the Community Development Director to either approve, approve with conditions or deny the low impact permit.
3. The Community Development Director shall determine whether the application is sufficient and in compliance with the provisions of this chapter. The Community Development Director may require the applicant to submit such additional information as may be necessary to determine whether the application conforms to the requirements of this chapter.
4. The Community Development Director shall take final action on the application for a low impact permit and shall communicate the decision to the applicant. The Community Development Director may impose all reasonable conditions necessary to ensure compliance with applicable provisions of chapter 2 of this title. The Community Development Director may also provide written notice of such decision to any persons who have requested notice of such decision. Any person aggrieved by such decision may appeal the final action in accordance with the provisions of this title.
5. The Planning Commission shall periodically be provided with a list of the low impact permits that have been issued by the Community Development Director.
D. Findings For Approval: Before a low impact permit is approved, the Community Development Director must conclude that factual evidence exists to verify the following findings:
1. The use conforms to all applicable requirements of this chapter and State and Federal regulations.
2. The use is consistent with the goals and policies of the General Plan.
3. The use conforms to all requirements in chapter 2, "Development Evaluation Standards", of this title.
4. The use is not detrimental to public health, safety and welfare.
5. The use is appropriately located with respect to public facilities and services.
6. The natural topography, ridgelines, soils, critical areas, watercourses and vegetation shall be preserved where possible through careful site planning and design of access routes, circulation areas, buildings and other structures, parking areas, utilities, drainage facilities and other features. (Ord. 868, 6-14-2017)