8.11.060 Public interest exemption.
A. Notwithstanding the requirements of this chapter and the council’s clean energy program for new buildings, and other public health and safety hazards associated with natural gas infrastructure, minimally necessary and specifically tailored natural gas infrastructure may be allowed in a building otherwise subject to the requirements of this chapter if the community development director makes all of the following findings:
1. The physical site conditions, necessary operational requirements, or the public health or safety risks in the event of an electric grid outage make it infeasible to meet the requirements of this chapter.
2. The project meets the city’s adopted sustainability and environmental policies and is consistent with purpose and intent of this chapter, as outlined in Section 8.11.010.
3. The project has mitigated adverse health, safety, or general welfare impacts as they relate to new natural gas infrastructure to persons residing or working on the site or in the vicinity to the greatest extent feasible.
4. The grant of an exemption pursuant to this section will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other similarly situated properties in the vicinity with the same zoning.
B. Concurrent with the building permit application, project applicants seeking a public interest exemption as identified in subsection A of this section must submit an exemption application to the community development director for approval. The burden shall be on the applicant to demonstrate the grounds for an exemption and the submittal must include sufficient evidence for the community development director to make the findings required in subsection A of this section. The director’s decision shall become a condition of the development or building permit issued for the project. (Ord. 1717 § 2 (Exh. A), 2022)