§ 8178-8.7.1. Required findings to modify or waive landscaping requirements and standards.  


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  • Written finding of facts shall be required for all waivers or modifications to landscaping areas as required below:

    a.

    Modifications or waivers shall only be granted if all of the following findings can be demonstrated:

    1.

    The modification or waiver will not adversely affect coastal resources or public welfare and will not be detrimental or injurious to property or improvements in the surrounding area.

    2.

    The modification will not result in an increase in water demand.

    3.

    The modification is consistent with the purpose of the regulations set forth in Section 8178-8.1.

    b.

    In addition to the required findings in subsection "a" above, modifications or waivers pursuant to Section 8178-8.7.1 shall only be granted if supported by written findings of fact demonstrating one or more of the following:

    1.

    Special circumstances apply to the subject property with regard to size, shape, topography and location, and the strict application of the requirements would result in practical difficulties or hardships inconsistent with the general purpose and intent of the Coastal Zoning Ordinance.

    2.

    Required landscaping would conflict with existing easements or public rights-of-way or established easements.

    3.

    Existing natural landscaping will be preserved where feasible.

(Ord. No. 4492, § 6, 6-21-2016)