Cotati City Zoning Code
ARTICLE 5
RESOURCE MANAGEMENT
§ 17.50.010 Purpose.
This chapter provides standards for the protection of watercourse and riparian resources within the city, including provisions for adequate buffer areas between watercourses and adjacent development, to retain the watercourses as valuable natural, scenic, and recreational amenities as appropriate.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.50.020 Applicability.
The provisions of this chapter apply to proposed development on any site adjacent to or crossed by Copeland, Cotati, or Washoe Creeks, and/or Laguna de Santa Rosa (see Figure 5-1).
 |
Figure 5-1. Watercourses Where Standards of Chapter 17.50 Apply |
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.50.030 Streambed analysis required.
Each planning permit application for a project that is subject to this chapter shall include a site-specific streambed analysis prepared by a hydrologist, civil engineer, or other qualified professional approved by the city to identify the precise boundary/top of bank of the watercourse. The director may waive this requirement if it is determined that the project, because of its size, location, or design will have no impact on the watercourse, or that sufficient information already exists and further analysis is not necessary. A required streambed analysis shall include all information and materials required by the department.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.50.040 Development standards.
A.
Watercourse Setback Requirement. Each proposed structure shall be set back from the top of the bank of a watercourse by a minimum distance of two and one-half times the height of the bank or thirty feet, whichever is greater.
1.
Additional setbacks may be required to preserve existing vegetation or other significant environmental resources along the watercourse.
2.
The review authority may grant an exception to this setback requirement:
3.
A watercourse setback adjacent to a path or open spaces shall be measured from the outside boundary of the path or open space.
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Figure 5-2. Watercourse Setback Requirement |
B.
Top of Bank Defined. The "top of bank" means the upper elevation of land, having a slope not exceeding ten percent, which confines the channel waters flowing in the watercourse in their normal winter flow.
C.
Use of Required Setback. A path or trail may be within a watercourse setback; however, no other structure, road, parking access or space, paved area, or swimming pool shall be constructed within a watercourse or watercourse setback.
D.
Alteration of Natural Features. No grading or filling, planting of exotic/nonnative or nonriparian plant species, or removal of native vegetation shall occur within a watercourse or watercourse setback area, except:
1.
The review authority may grant an exception where the work is authorized for flood control purposes by permits issued by the California State Department of Fish and Game, and/or all other applicable local, state, and federal agencies having authority over the creek; and
2.
As otherwise provided by this section.
E.
Design of Drainage Improvements. Where daylighted drainage improvements are approved, they shall be placed in the least visible locations and naturalized through the use of river rock, earthtone concrete, and landscaping with native plant materials.
F.
Bank Stabilization. Development or land use changes that increase impervious surfaces or sedimentation may result in channel erosion. Therefore, the city engineer may require measures to stabilize watercourse banks.
1.
Rehabilitation is the preferred method of stabilization, with the objective of maintaining the natural character of the watercourse and riparian area. Rehabilitation may include enlarging the channel at points of obstruction, clearing obstructions at points of constriction, limiting uses in areas of excessive erosion, and restoring riparian vegetation.
2.
Concrete channels and other mechanical stabilization measures shall not be allowed unless no other alternative exists.
3.
If bank stabilization requires other than rehabilitation or vegetative methods, hand-placed stone or rock rip-rap are the preferred methods.
G.
Physical and Visual Access. Proposed subdivisions and other development shall provide public access to watercourses as follows, and as required by the review authority.
1.
Map Act Requirements. A proposed subdivision shall comply with the public access requirements of Map Act Chapter 4, Article 3.5 (Public Access to Public Resources).
2.
Streets. A proposed subdivision shall provide public access and visibility to watercourses through the use of single-loaded frontage roads adjacent to creeks, but outside of the watercourse setback. Where a single-loaded street is not possible, frequent access to trails along the watercourse and public open space should be provided at least every three hundred feet, and may occur at the end of dead-end streets.
3.
Trails. The review authority may require subdivisions and other proposed development to provide multipurpose creekside trails.
H.
Open Space Areas.
(Ord. 823 § 2(C) Exh; C (part), 2009; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.51.010 Purpose.
A.
This chapter provides standards to assist new development in achieving the conservation of energy and other resources within the community. This chapter also provides cross-references to other sections of this land use code that address resource conservation issues in relation to the topics of those regulations (e.g., subdivision design, exterior lighting, etc.).
B.
This land use code includes a variety of standards, in addition to those in, or referenced in this chapter, that interact to implement resource conservation goals. These standards provide for: development that is mixed use and walkable; housing for diverse family types (including accessory dwelling units); street widths that are the minimum necessary to accommodate safe and convenient transportation; and the preservation of habitat, wetlands, and other environmental resources.
C.
Collectively, the resource conservation standards of this land use code are intended to reduce per capita energy consumption, and its contributions to global greenhouse gas production, potable water consumption and resulting waste water production, and solid waste production.
(Ord. 893 § 10, 2020; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.51.020 Applicability.
The provisions of this chapter apply to all proposed development and new land uses. The provisions in other sections of this land use code that are referenced in this chapter apply to proposed development and new land uses as determined by the specific sections referenced.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.51.030 Citywide energy conservation standard.
Each new structure shall be designed and constructed to achieve a minimum of fifteen percent greater energy efficiency than otherwise required by the California Code of Regulations, Title 24, and shall also implement the city's sustainable building program adopted by council resolution. Remodeling or other alterations to an existing structure shall require that the entire structure be brought into compliance with this section only if the proposed extent of change to the existing structure is sufficient that the building code would otherwise require that the entire structure comply with all applicable current building code requirements.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.51.040 References to additional city resource conservation standards.
The following table identifies standards established by other chapters of the municipal code that provide for energy or other resource conservation.
Resource Issue | Topic of Land Use Code or Municipal Code Regulation | Code Section |
|---|---|---|
Energy conservation | Condominium conversions | 17.42.065(B) |
Landscaping – Parking lot shading | 17.34.050(D)(3)(a)(v) | |
Outdoor lighting – General lighting standards | 17.30.060(B) | |
Outdoor lighting – Service stations | 17.42.180(D)(5) | |
Sign lighting | 17.38.050(I) | |
Subdivision design – Lot orientation | 17.78.030(G) | |
Windmills for electricity generation | 17.42.190 | |
Recycling and solid waste source reduction | Polystyrene food packaging | 8.20 |
Recycling facility standards | 17.42.150 | |
Solid waste/recyclable materials storage | 17.30.090 | |
Solid waste source reduction | 8.22 | |
Solar access protection | Solar energy collectors | 17.30.084 |
Landscaping – Maintenance | 17.34.070(A) | |
Landscaping – Selection and placement | 17.34.060(A)(3)(b) | |
Water conservation | Driveway pavement – Permeable surfacing | 17.36.100(E) |
Landscaping – Water efficient plant materials | 17.34.060 17.34.070 | |
Landscaping – Water waste prohibited | 17.34.080 | |
Parking lot pavement – Permeable surfacing | 17.36.090(I) |
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.51.050 Construction project materials recycling.
A.
Purpose. This section is intended to ensure that construction and demolition projects minimize unnecessary resource consumption, and the impact of construction waste on landfills, by salvaging, reusing, or recycling as many waste materials produced by a construction project as possible.
B.
Applicability. All construction and demolition projects shall provide for the reduction and recycling of waste materials in compliance with this section.
C.
Waste Management Plan Required. All building, grading, and demolition permit applications shall include a construction waste management plan. The plan shall include the following information:
1.
Analysis of Waste. An analysis and estimate of the types and amount of waste to be generated;
2.
Landfill Options. The name and location of the landfills to be used for the disposal of the materials and the projected costs of landfill disposal;
3.
Alternatives to Disposal. A list of the materials to be salvaged, recycled, or reused during the project; the proposed market for each material; projected revenue from the sale of the materials, if any, and estimated costs. Materials to be recycled, reused, or salvaged should include asphalt, bricks, cardboard, concrete, dimensional wood, drywall, glass (windows, mirrors), green and wood waste from land clearing, metals (from banding, stud trim, ductwork, pipes, rebar, steel, iron, plumbing fittings, aluminum, zinc, copper, brass, and bronze), paint, plastics;
4.
Materials Handling Procedures. A description of the means by which materials to be recycled or reused will be handled, source separated, etc., in preparation for acceptance by the designated facilities;
5.
Transportation. A description of how materials will be transported, whether self-hauled to designated centers or collected by a waste hauler.
D.
Timing of Approval. No building, grading, or demolition permit shall be issued by the city until the director has approved the construction waste management plan. The permittee may request and the director may approve changes to the waste management plan during the course of construction or demolition activities if unforeseen circumstances arise.
E.
Final Report. Prior to final building or inspection or issuance of a certificate of occupancy, the permittee shall submit to the city and receive director approval of a final recycling report which documents to the satisfaction of the director that the construction and/or demolition waste materials generated by the project were recycled in compliance with the approved waste management plan.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.51.060 Solar access and view preservation.
A.
Purpose. The purposes of this section are to:
1.
Recognize and establish the right of persons to preserve views, sunlight, trees or privacy on their property;
2.
Recognize and establish parity in the right of persons to preserve views, sunlight, trees or privacy on their property; and
3.
Establish a process by which persons may seek restoration of such views or sunlight when unreasonably obstructed by the growth of trees.
B.
Right to View and Sunlight. Subject to the other provisions of this section, it is recognized that every person owning real property within the city has the right to have a reasonable amount of the view and sunlight benefitting his/her real property which existed at any time during the period beginning on the date that the complainant purchased the property and ending twelve months immediately following thereafter.
1.
Notwithstanding the above, no right to a view or sunlight may be established under this section as to any tree located in the public right-of-way or on property in which the city enjoys a fee interest, easement or any other interest.
2.
Notwithstanding the above, no right to a view or sunlight may be established under this section as to any heritage tree, and heritage trees may not be altered, destroyed or removed on the basis of any provision of this section.
3.
Notwithstanding the above, a view or sunlight right may only be established based on the later of:
a.
Facts or conditions which occurred or existed no more than twenty years prior to the date the complainant first notifies the tree owner under subsection (C)(1) of this section; or
4.
Notwithstanding the above, no view or sunlight right may be based upon and no view or sunlight right may be exercised with respect to any tree located more than three hundred feet from any boundary of complainant's real property.
C.
Process for Resolution of Claims. To establish view and sunlight rights recognized and established herein, the complainant must follow the process established by this section. The complainant must first complete the "initial discussion" process described in this subsection. Second, if that process does not yield a result mutually satisfactory to the complainant and the tree owner, then the complainant must seek to mediate his/her view/sunlight claim in accordance with this section. If the tree owner refuses to mediate or if the mediation is unsuccessful in resolving their differences, then the complainant must attempt to initiate arbitration as set forth hereinafter. If arbitration is not accepted by the tree owner, and the initial discussion and mediation have proved unsuccessful in resolving the view/sunlight claim, the complainant may then initiate litigation to determine his/her view/sunlight claim rights. No city action or decisions are required to establish or exercise a complainant's view and/or sunlight rights.
1.
Initial Discussion. A complainant who believes that tree growth on another person's property has caused unreasonable obstruction of views or sunlight from the complainant's active use area shall first notify the tree owner of their concerns. The notification should, if possible, consist of personal discussion to enable the complainant and tree owner to attempt to reach a mutually agreeable solution.
2.
If Parties Agree. Following the initial discussion, if agreement is reached between the parties as to the existence and nature of complainant's rights and on what restoration action is to be taken on the trees in question, that agreement shall be reduced to writing and executed by all parties concerned. The agreement must set forth all of the matters described in subsection G of this section; otherwise, it shall not be enforceable and shall grant no view or sunlight rights hereunder.
3.
If Parties Do Not Agree. If the parties do not agree as to the rights in question and what action should be taken regarding the tree(s) in question, the complainant must prepare and provide to the tree owner a view/sunlight claim (and provide a copy of the view/sunlight claim to the city).
D.
View/Sunlight Claim. A view/sunlight claim shall consist of all of the following:
1.
For the relevant period, a description of the nature and extent of the alleged obstruction, including pertinent and corroborating evidence. Evidence may include photographic prints, negatives or slides, and written testimony from residents living in the area. The evidence must show absence of the obstruction at or during the relevant period of time. Evidence to show the date of property acquisition or occupancy by the complainant must be included;
2.
The exact location of all trees alleged to cause the obstruction, the address of the property upon which the tree(s) are located, and the present tree owner's name and address;
3.
Evidence of the failure of initial discussion as described in subsection (C)(1) of this section to resolve the dispute. The complainant must provide evidence that written attempts at reconciliation under subsection (C)(1) have been made and have failed. Evidence may include copies of and receipts for certified or registered mail correspondence;
4.
Specific view or sunlight restoration actions proposed by the complainant to resolve the unreasonable obstruction.
E.
View/Sunlight Claim Process.
1.
Mediation. If the initial discussion fails to achieve agreement between the tree owner and complainant, the complainant shall prepare and deliver to the tree owner a written view/sunlight claim and propose mediation as a timely means to settle the obstruction dispute.
a.
Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no more than thirty days from service of notice either to accept or to reject the offer of mediation. If mediation is accepted, the parties shall mutually agree upon a mediator within thirty days, and should commence mediation within sixty days.
b.
The mediator shall consider and be governed by the purposes and provisions set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for view restoration action, but shall strive to enable the parties to resolve their dispute by written agreement in order to eliminate the need for arbitration or litigation. Any agreement reached as a result of the mediation process described in this section must be reduced to writing and executed by all parties concerned. The agreement must set forth all of the matters described in subsection G of this section; otherwise, it shall not be enforceable and shall grant no view or sunlight rights hereunder.
2.
Arbitration. In cases where the initial discussion process fails and where mediation is declined by the tree owner or has failed, the complainant shall offer in writing to submit the dispute to binding arbitration.
a.
The tree owner shall have thirty days from service of notice to accept or reject arbitration. If accepted, the parties shall agree on a specific arbitrator within thirty days, and shall indicate such agreement in writing. If the parties do not agree on a specific arbitrator within thirty days, either party may petition the court to appoint an arbitrator.
b.
The arbitrator shall be governed by the provisions of this section in deciding the view/sunlight claim and shall submit a complete written decision to the complainant and the tree owner. This decision shall decide all of the matters described in subsection G of this section, and if the complainant prevails, shall include a pertinent list of all required view or sunlight restoration actions with any appropriate conditions concerning the actions, and a schedule by which the actions must be completed; otherwise, it shall not be enforceable and shall grant no view or sunlight rights hereunder. A copy of the arbitrator's decision shall be submitted by the complainant to the director immediately after it is rendered. Any decision of the arbitrator shall be enforceable in compliance with the provisions of Code of Civil Procedure Section 1285, et seq.
F.
Litigation. If a complainant has unsuccessfully attempted to obtain agreement under subsections C and E(1) of this section, and the tree owner has declined binding arbitration under subsection E(2), the complainant has the right to initiate civil action for resolution of his/her view/sunlight claim and the view or sunlight obstruction dispute under the provisions of this section. The litigating complainant shall file a copy of the lawsuit with the director.
G.
Specificity Required to Enjoy View/Sunlight Rights. Any person (the "complainant") desiring to remove, destroy or alter one or more trees on property owned or controlled by another person (the "tree owner") may do so only if the complainant:
H.
Standards for Evaluation of Claims. In determining the extent to which the complainant may exercise his/her view and/or sunlight rights otherwise established hereunder, the following factors shall be considered:
1.
The vantage points from which the view is obtained;
2.
The extent of the alleged view or sunlight obstruction;
3.
The quality of the views which existed at, or during the relevant time including existence of landmarks or other unique view features, and/or the extent to which the trees block their view;
4.
The extent to which the view or sunlight is diminished by factors other than the trees involved in the claim;
5.
The extent to which the trees have grown to obscure the enjoyment of sunlight in the active use area of the complainant's property;
6.
The condition of the tree with respect to disease, general health, root or other damage, public nuisance, fire hazard, danger of falling, proximity to existing or proposed structures and interferences with utility service, and whether or not the trees act as a host for a plant which is parasitic to another species of tree which is in danger of being exterminated by the parasite;
7.
The number of existing trees in the area, the number of healthy trees that a given parcel of land will support, and the current effects of the trees and their removal on neighboring vegetation;
9.
Other tree-related factors, including but not limited to, species, size, growth maintenance requirements, aesthetic form, vigor, location, screening, potential for replacement of removed trees, historic value, and the effect of tree removal or alteration upon the public health, safety, prosperity, beauty and general welfare of the area. These factors shall not preclude reasonable restoration of view and/or sunlight.
I.
Hierarchy of Restoration Actions. View and/or sunlight restoration actions must be consistent with all other provisions of this chapter. It is recommended that all tree work authorized in compliance with this section be performed or supervised by a certified arborist. Restoration action shall be limited to the following, in order of preference:
1.
Vista Pruning. Restorative actions shall be limited to the vista pruning of branches where possible;
2.
Crown Reduction. When vista pruning of branches is not a feasible solution, crown reduction shall be preferable to tree removal if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree's growth pattern or health, or otherwise constitute a detriment to the trees in question;
3.
Stand Thinning. The removal of a small percentage of the total number of trees from a grove of trees, without any replacement plantings;
4.
Topping. Eliminating the upper portion of a tree's trunk or main leader;
5.
Tree Removal, with Replacement Plantings. Tree removal, which may be considered when the above-mentioned restoration actions are judged to be ineffective and may be accompanied by replacement plantings of appropriate plant materials to restore the maximum level of benefits lost due to tree removal. Replacement plantings at an appropriate ratio can be required on the tree owner's or the complainant's property. The replacement trees shall be maintained so as not to cause a view obstruction. Under no circumstances shall restorative action include the replanting of undesirable species.
J.
Responsibility for Ongoing Maintenance. The complainant shall have the responsibility for paying for initial restoration actions.
1.
After this initial action, the cost of subsequent restoration actions shall be shared as determined by agreement between the tree owner and the complainant, or as ordered by arbitration decision or court order.
2.
For "undesirable species," initial restoration action shall be the responsibility of the complainant. Thereafter, the tree owner shall pay the cost of restoration actions, other than removal, applied to undesirable species, unless otherwise agreed through mediation or ordered by arbitration decision or court order.
K.
Liability.
1.
The city shall not be liable for any damages, injury, costs or expenses which are the result of any decision made by the city or any other person (e.g., mediator, arbitrator or judge) concerning a view/sunlight claim or a complainant's assertions pertaining to views or sunlight rights granted or conferred in this chapter.
2.
Under no circumstances shall the city have any responsibility or liability to enforce or seek any legal redress, civil or criminal, for any decision it or any other person (except in a case where the city is a named party and is subject to a lawful order of a court of competent jurisdiction) makes concerning a view/sunlight claim.
L.
Apportionment of Costs. Costs of the mediator or arbitrator shall be apportioned between the complainant and tree owner as follows:
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.52.010 Purpose.
This chapter provides growth management procedures to phase the construction of new dwellings within the city so that new development does not exceed the resource, infrastructure, and public service capacities of the city, and so that the rate of proposed development is compatible with the character of the city. These provisions are not intended to stop or discourage growth, but to limit the rate of expansion to an amount that can reasonably and responsibly be accommodated by the size, financial limitations, resource constraints, and aesthetic goals of the city.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.52.020 Applicability.
A.
Growth Management Allocation Required. The issuance of a building permit by the city for the construction of a dwelling unit shall require that the project first be issued a residential growth management allocation in compliance with Section 17.52.040 (Procedure for obtaining allocation) of this chapter.
B.
Exemptions. The following types of projects are exempt from the provisions of this chapter:
1.
An addition to, or the remodel of an existing dwelling unit, where the number of dwelling units is not increased; and
2.
An accessory dwelling unit in compliance with Section 17.42.170 (Accessory dwelling units/junior accessory dwelling units).
The council may also exempt the construction of one or more dwelling units in compliance with a specific plan adopted by the city.
(Ord. 893 § 11, 2020; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.52.030 Allocation process.
A.
Maximum Number of Allocations. A maximum of one hundred allocations shall be available each calendar year, with a minimum of twenty-five reserved exclusively for low and very low income dwellings as defined by the state of California, and ten reserved for the construction of single-family dwellings on individual parcels by the parcel owners, not in conjunction with the construction of two or more single-family dwellings by the same property owner.
B.
Council Modification of Number of Allocations. The number of allocations provided for a specific calendar year may be modified by the council based on review of the then-current resource, infrastructure, and public service capacities of the city, any plans by the city or other applicable service provider for increased capacities, any projections by the city or other applicable service provider of capacity shortages, and the recommendations of the commission, in compliance with Section 17.52.050 of this chapter.
D.
Carryover of Unassigned Allocations. A dwelling unit allocation that remains unassigned at the end of the applicable calendar year shall be carried over and added to the number of dwelling units allocated for the following calendar year, except where the council first determines that available water or sewer capacity will be insufficient to serve the additional units. An unassigned unit allocation that is carried over from one year to the next shall expire if not assigned during the third year after it was originally allocated.
E.
Temporary Reduction of Available Allocations. In any six-month period, the council may reduce the number of available residential growth management allocations commensurate with its determination of shortages in domestic water supply or sewage treatment plant capacity.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.52.040 Procedure for obtaining allocation.
A.
No building permit shall be issued by the city for residential construction unless the director concurrently issues a residential growth management allocation for each dwelling unit covered by the building permit.
B.
The director shall issue residential growth management allocations on a first-come-first-served basis, with the total number issued by the director during any calendar year not to exceed the allocations by the council in compliance with Section 17.52.030 of this chapter (i.e., the annual allocation described in Section 17.52.030(A), and any carryover allocations in compliance with Section 17.52.030(D). Once the allocations that are available in compliance with Section 17.52.030 are all issued, the director shall issue no more individual allocations until the council grants another annual allocation.
C.
After assignment, an allocation shall expire after three years, unless construction of the residential unit has commenced and continues at all times under a valid building permit. An expired allocation shall not be carried over to a subsequent year.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.52.050 Annual report.
Prior to the end of each calendar year, the department shall submit a report to the commission that lists the number of dwelling units constructed in the past and current calendar years, an estimate of the number of units anticipated to be constructed during the following year, and the status of water supply and sewage disposal system capacities within the city. Based on the information in the report, the commission may recommend that the council modify the allocation for the following year.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.53.010 Purpose.
The provisions of this chapter are intended to:
A.
Preserve the city's environmental and scenic resources by encouraging the retention of natural topographic features and vegetation;
B.
Recognize that as the slope of a development site increases so does the potential for environmental degradation including slope failure, and increased storm water runoff that will also increase the potential for erosion, and waterway sedimentation;
C.
Encourage grading practices that are appropriate in hillside areas; and
D.
Encourage structures on hillside parcels to be designed with scale, massing, architectural design and detailing appropriate to maintain the visual character of hillsides as natural and open.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.53.020 Applicability.
A.
Applicability of Chapter. The requirements and guidelines in this chapter apply to subdivisions, and all other proposed development or a new land use on a site with a slope of ten percent or greater on any portion of the site.
B.
Limitation on Hillside Development. No new grading or other construction shall occur on a slope of more than fifteen percent, except:
1.
Where the commission determines through the review of a hillside development permit application that there is no alternative building site available on an existing parcel with a slope of fifteen percent or less; and
2.
In no case shall grading or construction occur on a slope of twenty percent or more, unless this limitation would result in an unconstitutional taking of private property without just compensation.
In granting an exception in compliance with this section, the commission shall ensure that the proposed project complies with all other standards of this chapter to the maximum extent feasible.
 |
Figure 5-3. Illustration of Slope |
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.53.030 Permit requirements.
A proposed project that is subject to this chapter shall be authorized by a hillside development permit in compliance with Section 17.53.070 (Hillside development permit) of this chapter, in addition to any other permit required by this land use code.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.53.040 Hillside subdivision standards.
A proposed subdivision shall comply with the following standards:
A.
Parcel and Building Site Slope. No parcel shall be created:
B.
Roads. Each new road shall follow natural terrain contours to the maximum extent feasible to minimize grading, and shall comply with the standards for hillside roadways in Chapter 17.26 (Street and Streetscape Standards) of this title. Proposed driveways shall comply with the requirements of Section 17.53.050 (Site planning and development standards) of this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.53.050 Site planning and development standards.
Each structure shall be located in the most accessible, least visually prominent, most geologically stable, portion or portions of the site, and at the lowest feasible elevation. Structures shall also be aligned with the natural contours of the site. Siting structures in the least prominent locations is especially important on open hillsides where the high visibility of construction should be minimized by placing structures so that they will be screened by existing vegetation, depressions in topography, or other natural features.
A.
Site Access. Each driveway shall follow natural terrain contours to minimize grading, and also shall comply with the following standards:
1.
Common driveways that serve more than one parcel are encouraged, and may be required, to reduce the total amount of grading and pavement.
2.
Drainage from a driveway shall be directed in a controlled manner to the drainage facilities of the nearest road, subject to the approval of the city engineer.
3.
A driveway shall not have a grade steeper than five percent within ten feet of a garage or carport entry. Driveway finished grade shall not exceed an average of fifteen percent.
B.
Site Coverage. Total site coverage by structures and other nonpermeable surfaces shall not exceed thirty percent of the areas of the parcel with a slope of less than fifteen percent, and zero percent of the areas with slopes in excess of fifteen percent.
C.
Setbacks. A proposed structure shall comply with the following setback requirements instead of the requirements of the applicable zoning district, to locate buildings as close as possible to streets, encourage compact development, and thereby minimize the disruption of natural features. See also the limitations on the allowable uses of setbacks in Section 17.30.020 (Build-to-lines and setbacks) of this title.
Table 5-1 Hillside Setbacks | |
|---|---|
Property Setback | Setback Distance |
Front | 10 ft. |
Side | 10% of parcel width, with a minimum of 10 ft. and a maximum required setback of 15 ft., except as provided in Section 17.53.050(D). |
Street Side | 10% of parcel width, with a minimum of 10 ft., and a maximum required setback of 15 ft. |
Rear | 30 ft., except as provided in Section 17.53.050(D). |
Ridgeline(1) | 50 vertical feet from ridgeline. See also Section 17.53.050(E) and Figure 5-4. |
Notes: | |
|---|---|
(1) A new structure or addition is prohibited within fifty vertical feet of a ridgeline unless this restriction completely precludes development of the property. An exception may be granted if the review authority first finds that: | |
a. There are no feasible building sites on the parcel that avoid ridgeline development; | |
b. In the case of a subdivision, the density has been reduced to the minimum standards consistent with the general plan density range; | |
c. No new subdivision of parcels is created that will result in ridgeline development; and | |
d. The development will avoid significant adverse visual impacts due to modifications in structural design including height, bulk, size, foundation, siting, and landscaping. | |
D.
Side and Rear Setback from Slope. Where a building site abuts a parcel with an elevation that is three feet or more above or below that of the site, the required side and/or rear yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer. See Figure 5-4.
 |
Figure 5-4. Side Setback Measurement |
E.
Height Limits. Each proposed structure shall comply with the following height limits, instead of the height limit of the applicable zoning district:
1.
Height Measurement. The maximum allowable height shall be measured as the vertical distance from the natural grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 5-5.
 |
Figure 5-5. Height Measurement on Hillsides |
2.
General Height Limit. No structure shall exceed a height of twenty-four feet, measured in compliance with subsection (E)(1) of this section, and shall not exceed a height of thirty-five feet, measured from the lowest elevation on the site where the structure touches the grade, to the highest point of the roof. See Figure 5-6.
 |
Figure 5-6. Maximum Height on Sloping Site |
3.
Placement of Structures. Proposed structures shall comply with the following standards, to maintain the natural appearance of hillsides and ridgelines:
a.
Each structure shall be located as follows; provided that the review authority may modify or waive these standards where it determines that a structure on the only feasible building site of an existing parcel cannot comply.
i.
No part of a proposed structure shall appear silhouetted against the sky above the nearest ridge or knoll when viewed from a public street. See Figure 5-7.
ii.
The topmost point of a proposed structure and all site grading shall be at least thirty feet below the top of the nearest ridge or knoll. See Figure 5-8.
b.
Each structure shall be located to take advantage of existing vegetation for screening, and should include the installation of additional native plant materials to augment existing vegetation, where appropriate.
 |
Figure 5-7. Silhouetted Structure |
 |
Figure 5-8. Location of Structure Below Ridgeline |
4.
Height Limit Above Ridgeline. Where the review authority determines that a legal lot existing prior to the effective date of the ordinance codified in this section contains no feasible building site other than where a structure will extend above the ridgeline, proposed structures shall not exceed a height of sixteen feet above the highest point on the ridgeline or hilltop within one hundred feet of the proposed structure. See Figure 5-9.
 |
Figure 5-9. Highest Point Within One Hundred Feet of Structure |
5.
Height of Lowest Floor Level. The vertical distance between the lowest point where the foundation meets grade and the lowest floor line of the structure shall not exceed six feet (see Figure 5-10).
 |
Figure 5-10. Height Limit for Lowest Floor and Decks |
6.
Downhill Building Walls. No single building wall on the downhill side of a house shall exceed fifteen feet in height above grade. Additional building height on a downhill side may be allowed in fifteen-foot increments, where each increment is stepped-back from the lower wall a minimum of ten feet (see Figure 5-11).
 |
Figure 5-11. Height Limit for Downhill Building Walls |
7.
Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet above grade. Decks shall be integrated into the architecture of the house, not appearing as an "add-on" to the primary building mass (see Figure 5-10).
F.
View Protection. A proposed structure shall be designed and located so that it avoids blocking views from other properties to the maximum extent feasible, as follows. See Figure 5-12.
1.
New structures and tall landscaping shall not be placed directly in the view of the primary living areas on a neighboring parcel.
2.
Mechanical equipment may be placed on rooftops or below a deck only if the equipment is not visible from off the site, except for unobtrusive solar collectors that are compatible with the roof line and architecturally integrated with the structure. This equipment shall also comply with the height limits in subsection (E)(2) of this section.
 |
Figure 5-12. View Protection |
G.
Exterior Lighting. Exterior lighting shall be shielded to avoid glare and the spill of light to surrounding areas. Low-level lighting and multiple low-profile fixtures are encouraged, as opposed to the use of fewer, taller fixtures.
H.
Retaining Walls. An embankment to be retained that is over forty-eight inches in height shall be benched so that no individual retaining wall is higher than thirty-six inches, and each bench is a minimum width of thirty-six inches. See Figure 5-13.
 |
Figure 5-13. Retaining Wall Design |
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.53.060 Building design standards.
Building and site design shall generally utilize varying setbacks and structure heights, split-level foundations, and low retaining walls to blend structures into the terrain. See Figure 5-14.
 |
Figure 5-14. Design Sensitive to Terrain (an example of building form, not intended to show preferred architectural style) |
A.
Maximum Floor Area. The gross floor area of all structures on a parcel shall not exceed thirty percent of the areas of the parcel with a slope of less than fifteen percent, and zero percent of the areas with slopes in excess of fifteen percent.
B.
Windows. Windows, balconies, and outdoor living areas generally shall be located to protect the privacy of adjacent homes and yards. Windows visible from off the site shall be glazed with nonglare glass.
C.
Exterior Wall Surfaces. The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of single-story elements, setbacks, overhangs, roof pitches, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms.
D.
Colors and Materials. A mixture of materials and color shall be used to blend structures with the natural appearance of the hillside:
1.
Based upon the graphic principle that darker colors are less noticeable than light colors, darker tones, including earth tones shall generally be used for building walls and roofs on highly visible sites so that buildings appear to blend in with the natural terrain.
2.
Exterior finish materials shall be appropriate for the architectural style of the structure and compatible with the hillside environment.
E.
Roofs. Roof pitches shall generally be placed to follow the angle of the slope; but with variations to avoid a monotonous appearance. See Figure 5-14.
F.
Support Structures. Support structures (for example, columns, pilings, etc.) below the lowest floor on the downhill side of a house, shall be enclosed unless visible structural members are an integral feature of the architectural design. Support structure wall surfaces shall not exceed six feet in height.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.53.070 Hillside development permit.
A.
Purpose. The hillside development permit provides a review process for the city to consider the appropriateness of proposed development on hillside parcels, to ensure that a proposed project minimizes its visual and environmental impact.
B.
Applicability. A hillside development permit is required to authorize any proposed development that is subject to the requirements of this chapter.
C.
Application Filing and Processing. An application for a hillside development permit shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing) of this title. A hillside development permit application shall include all information and materials required by Section 17.60.040 (Application preparation and filing), and the following additional information:
1.
Site Topography. A topographic map covering the entire site, and areas on surrounding parcels within fifty feet of the site boundary. The topographic map shall be prepared with a contour interval of two feet, which shall also identify the proposed building site, and all areas of the site with slopes of ten percent or less, all areas of the site with slopes that are more than ten percent but no more than fifteen percent, all areas of the site slopes that are more than fifteen percent but less than twenty percent, and all areas of the site with slopes of twenty percent or more.
2.
Geotechnical Report. A preliminary geotechnical report that identifies and proposes mitigation measures for any soils or geological problems that may affect site stability or structural integrity. Depending upon the site characteristics and project design, the review authority may also require a final geotechnical report.
3.
Constraints Analysis. For properties determined by the director to potentially have sensitive environmental resources including endangered plants or animals, or a wildlife corridor, a qualified professional approved by the director shall prepare a site constraints analysis. The report shall include proposed mitigation measures to effectively protect identified important biological features.
D.
Review Authority.
1.
Commission Approval. The following shall require the approval of a hillside development permit by the commission:
a.
Subdivision. A proposed subdivision shall require a hillside development permit in addition to the approval of a tentative map, and parcel map or final map in compliance with Article 7 (Subdivisions) of this title.
b.
Single Dwelling. The construction of one dwelling on an existing parcel; or an addition to an existing dwelling that increases its floor area by twenty-five percent or more.
c.
Multiple Dwellings. The construction of two or more dwellings in the same subdivision by the same developer.
2.
Director Approval – Addition to Single Dwelling. The director may approve a hillside development permit for an addition to an existing dwelling that increases floor area up to twenty-five percent, or may refer the matter to the commission for a decision. An addition that increases floor area by twenty-five percent or more requires commission approval.
E.
Project Review, Notice, and Hearing. Each application shall be analyzed by the director to ensure that the application is consistent with the purpose and intent of this section. Where subsection (D)(1) of this section requires that a hillside development permit application be considered by the commission:
F.
Findings and Decision. The review authority may approve, conditionally approve, or disapprove a hillside development permit application, and shall record the decision and the findings upon which the decision is based. The review authority may approve the permit only after first finding that:
1.
The proposed project complies with the requirements of this chapter and all other applicable provisions of this land use code;
2.
The proposed project is consistent with the general plan and any applicable specific plan;
3.
The design, location, and size of proposed structures and/or additions or alterations to existing structures will be compatible with adjacent existing and anticipated future development, in terms of aesthetics, character, scale, and view protection;
4.
The design and placement of proposed structures will minimize their visibility from off the site and reinforce the appearance of the site as more of an open hillside than an intensively developed property, to the maximum extent feasible; and
5.
The placement of proposed structures on the site avoids slopes over ten percent to the maximum extent feasible.
G.
Adjustments to Standards. The review authority may grant an adjustment to the standards of this chapter as part of hillside development permit approval only where it first finds that:
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.54.010 Purpose.
The trees of Cotati, particularly native oaks and other tree species common to oak woodlands, are significant community resources that play an important role in defining the character of the city. The trees within the city serve as wildlife habitat, assist in energy conservation by providing shade, and provide other environmental values. Therefore, this chapter provides regulations for the protection, preservation, and maintenance of native trees and their habitat value, trees of historic or cultural significance, groves and stands of mature trees, and mature trees in general that are associated with proposals for development. It is also the intent of this chapter to perpetuate the community tree canopy through the replacement of trees removed through development.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.54.020 Applicability.
A.
Applicability of Requirements. The provisions of this chapter shall apply in all zoning districts to the removal or relocation of any tree with a circumference of twelve inches or more, measured at fifty-four inches above natural grade.
B.
Tree Permit Required.
1.
Activities Requiring a Permit. A tree permit shall be required prior to:
a.
The relocation, removal, cutting-down, or other act that causes the destruction of a tree;
b.
Prior to any grading, paving, or other ground-disturbing activity within the protected zone of a tree; and
c.
The approval of a use permit, minor use permit, variance, minor variance, or subdivision, hereafter referred to as "discretionary projects."
2.
Permit Issuance. The procedure and review authority for a tree permit is as follows:
a.
Developed Parcel. A tree permit for the removal of other than a native oak from a developed parcel shall be issued as follows:
i.
A permit for a parcel developed with one single-family dwelling may be issued by the director after a site inspection. In this case, the director may waive the prior submittal of a site plan.
b.
Vacant Parcel. A tree permit for the removal of other than a native oak from a vacant parcel shall require commission approval, and shall not be granted except in conjunction with:
C.
Native Oak Removal. The removal of a native oak with a trunk circumference of twelve inches measured at fifty-four inches above natural grade shall be prohibited, except where approved by the council after a public hearing in compliance with Chapter 17.88 (Public Hearings) of this title, in conjunction with the approval of a subdivision or other specific development project.
D.
Timing of Removal of Large-Stature Trees. The removal of a tree with a height of fifty feet or more shall not occur between April 15 and June 15 of any year, to provide for the nesting and stopover patterns of raptors, migratory birds, and other bird species.
E.
Exceptions. The removal or relocation of a tree that would otherwise require a tree permit is exempt from the provisions of this chapter only in case of emergency, where the director, city engineer, a member of a law enforcement agency, or the fire district determines that a tree poses an imminent threat to the public safety, or general welfare.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.54.025 Definitions.
Definitions of the technical terms and phrases used in this chapter are in Article 9 (Glossary) of this title under "Landscape and Tree Preservation."
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.54.030 Tree permit application requirements.
A.
Application Contents. Each tree permit application shall include the information and materials required by the department, and:
1.
Shall be accompanied by the application fee required by the city fee schedule;
2.
The application may be required to include an arborist's report, at the discretion of the director; and
3.
If the site is subject to conditions, covenants, and restrictions (CC&Rs) that address tree removal and are administered by an active homeowners' association, the application shall include a letter from the homeowners' association authorizing the tree removal.
B.
Application Filing. An application for a tree permit involving a discretionary project shall be included as part of the application for the discretionary project. An application for a tree permit not associated with a discretionary project shall be filed with the department separately.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.54.040 Protection of trees to be retained.
A.
Purpose. The purpose of this section is to define procedures necessary to protect the health of affected protected trees. Great care must be exercised when work is conducted upon or around trees that are not authorized for removal.
B.
Applicability. The requirements of this section shall apply to all encroachments into the protected zone of a tree that is not authorized for removal from a site when approved grading or other construction is to occur. All tree permits shall be deemed to incorporate the requirements of this section except as a tree permit may otherwise specifically provide.
C.
Trenching Procedure. Trenching within the protected zone of a protected tree, when permitted, may only be conducted with hand tools or as otherwise directed by the city, in order to avoid root injury.
D.
Cutting Roots.
1.
Minor roots less than one inch in diameter may be cut, but damaged roots shall be traced back and cleanly cut behind any split, cracked or damaged area.
2.
Major roots over one inch in diameter may not be cut without the director's approval. Depending upon the type of improvement being proposed, bridging techniques or a new site design may need to be employed to protect the root and the tree.
E.
Irrigation Systems. An independent low-flow drip irrigation system may be used for establishing drought-tolerant plants within the protected zone of a tree to be protected.
F.
Plant Materials Under Oaks. Planting live material under native oak trees is generally discouraged, and it will not be permitted within six feet of the trunk of a native oak tree with a circumference of less than twelve inches measured at fifty-four inches above natural grade, or within ten feet of the trunk of a native oak tree with a circumference of twelve inches or more measured at fifty-four inches above natural grade. Only drought-tolerant plants will be permitted within the protected zone of native oak trees.
G.
Protective Fencing.
1.
Type of Fencing. A minimum five-foot high chain link or substitute fence approved by the director shall be installed at the outermost edge of the protected zone of each protected tree or groups of protected trees. Exceptions to this policy may occur in cases where protected trees are located on slopes that will not be graded. However, approval must be obtained from the department to omit fences in any area of the project.
2.
Fence Installation. The fences shall be installed in accordance with the approved fencing plan prior to the commencement of any grading operations or such other time as determined by the review authority. The developer shall call the city engineer for an inspection of the fencing prior to grading operations.
3.
Signing. Signs shall be installed on the fence in four equidistant locations around each individual protected tree. The size of each sign must be a minimum of two feet by two feet and must contain the following language:
"WARNING, THIS FENCE SHALL NOT BE REMOVED OR RELOCATED WITHOUT WRITTEN AUTHORIZATION FROM THE COTATI PLANNING AND BUILDING DEPARTMENT." |
Signs placed on fencing around a grove of protected trees, shall be placed at approximately fifty-foot intervals.
4.
Fence Removal. Once approval has been obtained, the fences shall remain in place throughout the entire construction period and shall not be removed without obtaining written authorization from the department.
H.
Retaining Walls and Root Protection. Where a tree permit has been approved for construction of a retaining wall within the protected zone of a protected tree, the developer shall provide for the immediate protection of exposed roots from moisture loss during the time prior to completion of the wall. The retaining wall shall be constructed within seventy-two hours after completion of grading.
I.
Preservation Devices. If required, preservation devices such as aeration systems, oak tree wells, drains, special foundation systems, special paving and cabling systems must be installed per approved plans.
J.
Grading.
1.
Every effort shall be made to avoid cut and/or fill slopes within or in the vicinity of the protected zone of any protected tree.
2.
No grade change shall cause water to drain into an area around a protected tree equal to twice the longest radius of the protected zone.
3.
No grade changes are permitted that will lower or raise the ground on any side of the tree.
K.
Chimney Locations. A chimney for a woodburning fireplace or stove shall not be located within the canopy of a tree or in any location that sparks emitted from the chimney may damage a tree.
L.
On-site Information. The following information shall be on-site while any construction activity is on going for a project requiring a tree permit:
M.
Information on Standards. The developer shall be responsible for informing all subcontractors and individuals who will be performing work around protected trees of the requirements of this section for working around trees and conditions of approval for the project. This information shall be provided in writing to the subcontractors and employees by the general contractor or applicant.
N.
Utility Trenching Pathway Plan. In the event trenching is proposed, the tree permit application shall include a utility trenching pathway plan for approval following approval of the project improvement or civil plans.
1.
Contents. The trenching-pathway plan shall depict all of the following systems: storm drains, sewers, easements, water mains, area drains, and underground utilities. Except in lot sale subdivisions, the trenching-pathway plan must show all lateral lines serving buildings. To be completely effective, the trenching-pathway plan must include the surveyed locations of all protected trees on the project as well as an accurate plotting of the protected zone of each protected tree.
2.
Standards for Plan. The trenching-pathway plan shall be developed considering the following general guidelines:
a.
The trenching-pathway plan shall be developed to avoid trenching in the protected zone of any protected tree on its path from the street to the building.
b.
Where it is impossible to avoid the protected zone, the design shall minimize the extent of trenching within the protected zone. The required arborist's report shall include mitigation measures for any trenching within the protected zone.
O.
Final Certification of Tree Work. All of the tree preservation measures required by the conditions of the discretionary project approval, and/or the tree permit, as applicable, shall be completed, and certified by an arborist selected by the director prior to city issuance of a final building inspection or certificate of occupancy.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.54.050 Tree planting and replacement.
The city's principal objective for the tree permit process is the preservation of native oaks and other significant trees, particularly in groves. Where the review authority determines that preservation is infeasible, replacement plantings may be allowed in compliance with this section.
A.
Extent of Replacement Required. The review authority may condition any tree permit for the removal of a tree to require tree replacement, as shown in Table 5-2. The review authority may approve a replacement program using one of the methods identified in subsection B or C of this section, or any combination of the methods.
Table 5-2 Minimum Required Replacement Trees | |||
|---|---|---|---|
Species of Tree to be Removed | Circumference of Tree to be Removed(1) | Mitigation Value (required number of replacement trees) | Required Size and Species of Replacement Trees for Mitigation Value |
Oaks (Black, Valley, Live) | 12 to 49 inches | 5 | 15-gallon, oak of the same species removed |
50 to 79 inches | 10 | ||
80 or more inches | 20 | ||
Other | 12 to 49 inches | 2 | 15-gallon, of species determined by city |
50 to 79 inches | 4 | ||
80 or more inches | 6 | ||
Notes: |
(1) Circumference shall be measured at a point fifty-four inches above the natural grade at the base of the tree. |
B.
Location and Specifications for Replacement Trees. The replacement trees required by Table 5-2 shall be planted on-site (the city's preferred method of mitigation), except that the review authority may authorize other areas where maintenance to ensure survival of the trees will be guaranteed.
1.
All replacement trees shall be of the same species as the trees being replaced, propagated from locally gathered seeds, except in the case where a replacement tree is approved in a location characterized by nonnative species (for example, within a narrow roadway median where existing trees are ornamental nonnatives), or where the review authority otherwise determines that native species are inappropriate.
2.
The review authority may allow up to fifty percent of the required replacement trees to have a five-gallon container size, where it determines that long-term tree health and survival will be improved by starting with a smaller container size, and that each tree with a container size less than fifteen gallons will not be planted where it will be subject to damage while becoming established.
3.
The review authority may require fewer and/or larger replacement trees than required by Table 5-2 where it determines that fewer but significantly larger trees are appropriate because of the size of the site, or on-site environmental resources or terrain constraints.
4.
Replacement trees shall be in addition to any trees required by provisions of this land use code other than this chapter (e.g., required parking lot landscaping or street trees).
C.
In-lieu Mitigation Fee. The review authority may determine that the remedies described above are not feasible or desirable and may instead require the payment of an in-lieu fee for the cost of purchasing, planting, irrigating, and maintaining each tree for a period of ten years. The in-lieu fee shall be as required by the city fee schedule. The in-lieu fee shall be deposited into the city's tree fund.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.54.060 Tree permit approval findings and conditions.
A.
Required Findings. The approval of a tree permit shall require that the review authority first make all the following findings:
1.
The approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the provisions of this chapter;
2.
Measures have been incorporated into the project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with this chapter;
4.
Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have been made where these problems are anticipated as a result of the removal; and
5.
The tree to be removed does not contain an active nest that has been identified through the environmental process or is otherwise known to the review authority as the nest of a migratory bird, except where a qualified professional has determined that the nest can be relocated without damage to the nestlings.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.54.070 Post approval procedures.
The following procedures apply after the approval of a tree permit application:
A.
Appeals. The decision of the review authority shall be final unless an appeal is filed in compliance with Chapter 17.84 (Appeals) of this title.
B.
Expiration/Extension. Except where otherwise provided by this chapter, the work authorized by a tree permit shall be commenced within six months from the date of approval or other time limit established through a concurrent planning permit approval. Time extensions, for up to a total of two additional years, may be granted in compliance with Chapter 17.64 (Permit Implementation, Time Limits, and Extensions) of this title. A tree permit not exercised within its time limits shall expire in compliance with Chapter 17.64.
C.
Performance Guarantee. The review authority may require that a security deposit be posted and maintained where deemed necessary to ensure:
1.
The preservation of protected trees during construction; and
2.
The completion of required mitigation measures.
The deposit shall be posted in a form approved by the city attorney prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each violation of any tree permit condition regarding tree preservation shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the review authority, provided that this determination may be appealed in compliance with Chapter 17.84 (Appeals) of this title.
D.
Construction Monitoring. Monitoring of tree protection and restoration measures specified as conditions of approval shall be performed by site inspection conducted by the director.
E.
Revocation. A tree permit may be revoked or modified, as provided in Section 17.64.100 (Permit Revocation and Modification).
F.
Stop Work Orders. Whenever any construction or work is being performed contrary to the provisions of this chapter or applicable conditions of approval, the director may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation and the risk to the trees. No further work shall be allowed until the violation has been corrected and approved by the department.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.54.080 Tree removal without permit.
In the event of the removal of a tree without a permit in compliance with this chapter, the city shall require the property owner to replace each tree in compliance with this chapter, and to pay the penalty fee established by the city's fee schedule.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.56.010 Purpose.
This chapter provides procedures and standards for identifying and protecting wetland resources, and for permitting wetland restoration, enhancement, and mitigation projects.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.56.020 Applicability.
The standards of this chapter apply to all lands within the city that support wetlands as identified through site- and project-specific environmental documents (i.e., in compliance with CEQA or NEPA), and/or delineated by the U.S. Army Corps of Engineers (Corps) under provisions of the Clean Water Act. The delineation of wetlands is subject to the procedures specified in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands." The standards of this chapter do not apply to treatment wetlands (e.g., sewage treatment ponds) or drainage ways considered "other waters" under the Clean Water Act.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.56.030 Compliance with federal and state requirements.
A.
A project proposed on a site with wetland resources shall comply with all applicable requirements of the U.S. Army Corps of Engineers, including but not limited to the preparation and filing with the Corps of any required wetlands management plan.
B.
The delineation of wetland resources in compliance with federal requirements shall occur prior to the filing of a land use, building, or grading permit application with the city. The wetlands delineation shall be used by the city in the environmental review of the proposed project in compliance with CEQA.
C.
The review authority shall require "no net loss" for wetland areas regulated by the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the California Department of Fish and Game. Coordination with these agencies at all levels of project review shall occur to ensure that appropriate mitigation measures are adequately addressed.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.56.040 General wetland preservation and enhancement standards.
The city may require new development to mitigate wetland loss in both regulated and nonregulated wetlands to achieve "no net loss" through any combination of the following, in order of desirability:
A.
Avoidance;
B.
Where avoidance is not feasible or desirable for resource protection, minimization of impacts on the resource shall be required;
C.
Compensation, including use of a mitigation banking program that provides the opportunity to mitigate impacts to rare, threatened, and endangered species and/or the habitat which supports these species in wetland and riparian areas;
D.
Any permitted development, grading, fill, excavation, or shading within a wetland shall provide for the mitigation of wetland loss at a replacement ratio from 1:1 to 4:1, as determined by the review authority based on the value of the wetland established by the initial study, environmental impact report, and/or the wetland management plan prepared for the project, and shall ensure that there is no net loss of wetland functions and values; or
E.
Off-site mitigation of impacted wetlands may be considered where on-site mitigation is not possible. Off-site mitigation should be within the city, as close to the project site as possible, and provide for continuous wildlife corridors connecting habitat areas.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.56.050 Permit and application requirements.
A.
Permit Requirement. Use permit approval is required for any wetland fill, encroachment, or project requiring wetland mitigation, and for all wetland restoration, enhancement and/or mitigation projects, in addition any other approval required by this land use code.
B.
Application Requirements – Wetland Management Plan. The use permit application shall include a wetland delineation, and a wetlands management plan prepared by a qualified wetlands expert. The wetlands management plan shall comply with the standards and design criteria in Section 17.56.070 (Development standards and design criteria) of this chapter. The wetlands management plan shall include all of the following, and any additional information deemed necessary by the review authority:
1.
Goals and Objectives. These shall include a description of the functional relationship of the existing and proposed wetland areas, such as habitat area, type, topography and soil characteristics, water flow patterns and water levels, and upland buffers.
2.
Site Plan. A site plan of the restoration or mitigation area shall identify the location and size of wetland areas to be preserved, restored, or created, and shall include the following:
a.
Grading Plan. Topography at one-foot intervals, along with any grading, excavation and/or fill plan. Submit footprints of all improvements indicating heights of all structures as well as access routes for maintenance and monitoring and all uses/structures within two hundred feet of the property;
b.
Drainage Plan. Water flow and drainage patterns along with any estimated volume exchange rates;
c.
Planting Plan. The location of flora and fauna habitat areas and types, and any planting plans.
3.
Proposed Techniques and Standards. The application shall include, as applicable, the following wetland preservation, restoration, and creation techniques and standards, indicating processes, practices and criteria used in identifying the wetlands and the adjoining upland buffer required by Section 17.56.070 (Development standards and design criteria) of this chapter:
a.
Watershed area and hydrology, water sources, water depths, water-control structures, water-quality watershed area and hydrology parameters, including treatment of urban runoff and water-level maintenance practices needed to achieve the necessary ambient water conditions and characteristics along with a storm water management plan which identifies potential pollutants and ensures that runoff is substantially free of debris, pollutants and silt. Storm water runoff management systems may include treatment swales, retention ponds, and other natural treatment systems. Treatment wetlands shall not be considered as habitat mitigation, but may address water quality functions of the impacted wetlands;
b.
Planting plans which identify target wildlife species and specify plant species, quantities, locations, size, space, or density; source of plant materials or seeds; timing, season, water, and nutrient requirements for planting; and, plant protection measures;
c.
Site preparation grading elevations and specifications for, if needed, soil amendments, removal of unsuitable fill, and weed control;
d.
Measures for minimizing impacts to the wetland during grading and construction, and for minimizing disturbances to wildlife habitat;
e.
Vector management, demonstrating ecological vector control developed in consultation with the Marin-Sonoma mosquito and vector control district;
f.
Identification of disposal area for any excavated or dredged material.
4.
Implementation and Monitoring Plan. The wetland management plan shall include an implementation and monitoring plan, which shall provide:
a.
Specific criteria and identification of process and responsibility for evaluating whether or not the goals of the wetland management plan are being achieved at various stages in the development;
b.
Specifications for irrigation as needed, removal of exotic and nuisance vegetation, and maintenance;
c.
Responsibility schedule and reporting requirements for monitoring the hydrology, vegetation, and wildlife of the wetland with ten years for freshwater and seasonal wetlands;
d.
Procedures for the correction of deficiencies or problems in the plan discovered after implementation, such as any needed plant substitutions, or modifications to site hydrology;
e.
Identification of methods to ensure that the wetland will be protected in perpetuity; and
f.
A schedule for grading, planting, and long-term maintenance.
5.
Cost Estimate. A cost estimate for implementing, monitoring, and maintaining the wetland. Performance security may be required to ensure proper installation, monitoring, and maintenance of the wetland.
6.
Management Plan. A management plan that addresses the long-term fiscal, administrative, and technical requirements to successfully execute and maintain the wetland restoration and enhancement project. The plan shall identify the project funding source and assign responsibilities for the long-term maintenance of the wetland, and the management of the necessary ongoing activities.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.56.060 Limitations on uses and structures.
A.
Allowed Uses. Public access for passive recreational activities may be permitted and shall be encouraged where appropriate and consistent with the protection of habitat functions and values in compliance with state and federal law, including the requirements of the U.S. Army Corps of Engineers.
B.
Allowed Structures. Any structure allowed in a wetland that is being created, preserved or enhanced, shall be designed to minimize its adverse impacts on the wetland. Measures to minimize adverse effects may include construction on pilings to allow unobstructed flow of water, preserving the natural contour of the wetland, and otherwise minimizing impairment, alteration, or loss of the wetland.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.56.070 Development standards and design criteria.
The preservation and enhancement measures proposed in the wetlands management plan required by Section 17.56.050 of this chapter, shall comply with the following standards. In the event of conflicts between applicable standards, the most restrictive shall apply:
A.
Wetland Buffer. A buffer area of a minimum of fifty feet in width shall be established to provide for undisturbed habitat adjacent to the wetland and to maintain sufficient watershed to support the wetland. The review authority may require additional width to protect high habitat values and/or provide adequate watershed area and hydrology. The review authority may reduce the wetland buffer if a finding is made that:
B.
Protective Measures. Measures including protective fencing, landscaping, setbacks for roads and parking areas, shall be required to minimize adverse impacts on wetlands and wetland habitat. Facilities, structures, and pavement may be adjacent to, but not within, the wetland setback area. Retention ponds, swales, or water quality control features may be required in setback areas to prevent pollutants in urban runoff from discharging into wetland habitat.
C.
Landscaping. Wetland buffer areas shall be planted and maintained with vegetation that is consistent with the maintenance of the adjacent wetland habitat values and indigenous native plants.
D.
Erosion and Sediment Control. During construction, temporary fencing shall be placed around the wetland/buffer area. Prior to issuance of a grading permit, an erosion control plan prepared by a registered professional engineer shall be submitted to the department for approval, including best management practices to minimize siltation, sedimentation, and erosion. To ensure that sediment remains on the site and is not transported into wetlands, erosion and sediment controls shall be left in place until the site is stabilized with permanent vegetation.
E.
Timing of Wetland Restoration or Creation. The restoration or creation of wetlands required as a condition of development approval shall be undertaken prior to completion of the development unless a security agreement to the satisfaction of the city attorney is provided prior to issuance of a certificate of occupancy or acceptance of improvements that will ensure wetland restoration and monitoring of the effort.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.56.080 Prerequisites for building or grading permit issuance.
Prior to issuance of a building or grading permit for work in or near a wetland, the applicant shall provide the city engineer with the following:
A.
Verification of U.S. Army Corps of Engineers delineation of wetland boundaries; and/or a Section 404 or Section 10 permit (or its equivalent successor) from the U.S. Army Corps of Engineers;
B.
A waiver or certificate of conformance with water quality standards issued by the Regional Water Quality Control Board, if applicable; and
C.
A consultation with the U.S. Fish and Wildlife Service and the California State Department of Fish and Game, regardless of whether any special status species or associated habitat are present.
(Ord. 766 § 2 Exh; A (part), 2004)