The purpose of this section is to establish standards for wetlands, waterways, riparian habitat areas, and sensitive habitat areas in order to:

A. Protect and enhance the chemical, physical, and biological integrity of water resources in the County,

B. Minimize pollutants entering water bodies from stormwater runoff,

C. Reduce the risks to life and property from erosion and flooding, and

D. Preserve and protect habitat connectivity to support identified special-status species. (Ord. No. 765 § 2 (Exh. A) (part))

44-5.20.010 Applicability.

This section applies to all areas in the County within 50 feet of a wetland, waterway, riparian habitat, or sensitive habitat, as defined in this zoning code. Lands within 50 feet of a wetland, waterway, riparian habitat, or sensitive habitat shall be referred to as a natural resources buffer area unless the land has already been developed with urban or agricultural uses, as determined by the Director.

A. Natural resource buffer areas shall include areas between the banks and 50 feet in width measured outward from the top of bank of any lakes, perennial ponds, rivers, creeks, sloughs, and perennial streams, as shown in Figure 44-5.20-1 (Natural Resource Buffer Areas).

FIGURE 44-5.20-1: NATURAL RESOURCE BUFFER AREAS

B. Natural resource buffer areas shall include lands within 50 feet of sensitive habitat, as determined by a qualified biologist, and lands within 50 feet of a wetland subject to the jurisdiction of the U.S. Army Corps of Engineers. For the purposes of this section, sensitive habitat means vegetation types and habitat types that are relatively limited in distribution, and support concentrations of plants or animals legally protected under the California Endangered Species Act or the Federal Endangered Species Act.

C. Excluded from this section are culverted creeks and engineered systems developed by a public agency for the collection of storm or flood waters, or systems designed to deliver irrigation or water supplies that do not include riparian or sensitive habitat. (Ord. No. 765 § 2 (Exh. A) (part))

44-5.20.020 Use Regulations.

A. Permitted Activities. The following activities are permitted within the natural resource buffer areas for wetlands, lakes, perennial ponds, rivers, creeks, sloughs, and perennial streams:

1. Fire and flood protection areas,

2. Maintenance of riparian habitat,

3. Recreational trails,

4. Vegetated landscaping,

5. Boat launch facilities,

6. Levees,

7. Docks,

8. Irrigation pumps,

9. Storm drains into riparian areas and creeks,

10. Construction and maintenance of public-agency owned culverts, rip-rap, and other drainage facilities, and

11. Construction and maintenance of public-agency owned bridges.

B. Conditionally Permitted Uses. The following uses may be conditionally permitted within the natural resource buffer areas for wetlands, lakes, perennial ponds, rivers, creeks, sloughs, and perennial streams, with approval of a Minor Use Permit.

1. Uses, structures, and activities permitted in the applicable zone are permitted within natural resource buffer areas only with approval of a Minor Use Permit.

2. To approve a Minor Use Permit for development within a natural resource buffer area, the Zoning Administrator shall make all of the following findings:

a. The proposed use, structure, or encroachment cannot be feasibly located outside the natural resource buffer area, or such location would have a more adverse effect on the environment.

b. Measures are included that provide adequate protection of wildlife habitat, water quality, in-stream habitat, and capacity for flood management.

c. The proposed development obtains and fully complies with all applicable permits and permit provisions from regulatory agencies responsible for the management and protection of the potentially impacted resource area. (Ord. No. 765 § 2 (Exh. A) (part))

44-5.20.030 Performance Standards.

A. Impervious Surfaces. No more than 50 percent of the area of a parcel that contains riparian habitat or a natural resource buffer area may be covered with impervious surfaces.

B. Construction. Construction is prohibited in a natural resource buffer areas unless the necessary permits have been obtained from other responsible governmental agencies, and plans have been approved by the Director.

C. Grading or Alterations to Riparian Vegetation. Grading, alteration of the natural contours of the land, or cutting or alteration of natural vegetation that protects a riparian habitat or natural resource buffer area is prohibited except when such action is:

1. Required for the construction of an approved structure;

2. Necessary to protect public health and safety; or

3. Associated with a creek or habitat restoration and enhancement project intended to improve the health and environmental integrity of the waterway or sensitive natural resource.

D. Streambed Alteration. Filling, grading, excavating, or obstructing streambeds is prohibited, except in the following circumstances:

1. Placement of a public-agency approved storm drain or irrigation outflow structures shall be designed to eliminate or minimize increases in the rate and amount of storm or irrigation water discharge;

2. Place of utility lines;

3. Construction of bridges and their connecting roadways;

4. Maintenance activities necessary to protect public health and safety; and

5. Creek restoration and improvement projects. (Ord. No. 765 § 2 (Exh. A) (part))

44-5.20.040 Coordination with Other Regulatory Agencies.

All required permits from responsible regulatory agencies, including but not limited to, the California Department of Fish and Wildlife, the U.S. Army Corps of Engineers, the California State Water Resources Control Board, the Central Valley Flood Protection Board, or other applicable agencies, shall be obtained concurrently with, or subsequent to, the approval of a County permits for development with natural resource buffer areas. Evidence of approval or pending approval of any such permit shall be submitted to the County, including all appropriate supporting materials, environmental documentation, and studies. (Ord. No. 765 § 2 (Exh. A) (part))