Sebastopol City Zoning Code
17.44 Wetlands
Districts W, WS Combining, WF Combining
17.44.010 Purpose, intent and applicability.
The purpose of the Wetlands Districts is to preserve and protect environmentally sensitive waterways and/or wetland areas. It is the intent of these districts to establish land use limitations, consistent with natural resource preservation of wetland areas. Accordingly, there are hereby established three Wetlands Districts:
A. W (Primary Wetlands) District, applicable to those lands lying below the 100-year flood line which are in an open, natural state, and which contain, or which could feasibly contain, natural and native wetlands and related vegetation/habitat areas.
B. WS (Secondary Wetlands) Combining District, applicable to those lands lying below the 100-year flood line, which are in a biologically altered state, but which have a direct physical or functional relationship to a wetlands area and its ecosystem. These lands may or may not contain wetlands or related vegetation.
C. WF (Wetlands Fringe) Combining District, applicable to those lands lying above the 100-year flood line, but which abut a W or WS Combining District, or a primary wetlands area outside of the City limits, or which has a significant influence on a wetlands area and its ecosystem.
These regulations shall apply in all W Districts. (Ord. 1111, 2018)
17.44.020 Districts with which the WS and WF Districts may be combined.
The WS and WF Districts may be combined with any base district. All standards and requirements of the base district shall apply, except as may be modified by the WS or WF Combining District. (Ord. 1111, 2018)
17.44.030 Uses permitted.
A. W (Primary Wetlands) District.
1. Permitted Uses. Open, passive recreational areas, parks, wildlife preserves, including environmental restoration and accessory facilities (walkways, information kiosks, etc.), related to such open use; all other uses require a conditional use permit.
2. Uses Permitted with a Conditional Use Permit. The following uses, pursuant to the development criteria of SMC 17.44.040:
a. Open agricultural uses, not including any buildings.
b. Temporary dredging, filling, dewatering or other activities may be undertaken in order to place, install, service or maintain utilities or similar improvements within or across the area only during such periods and in such manner as to reduce as much as reasonably practicable the significant detrimental effects such activities may have on wildlife within or on the hydrological integrity of the area.
3. Native vegetation occurring within the W District shall not be removed, degraded, or damaged except as a result of activities otherwise permitted by these provisions.
B. WS (Secondary Wetlands) Combining District.
1. Permitted Uses. Open, passive recreational areas, parks, wildlife preserves, including environmental restoration and accessory facilities (walkways, information kiosks, etc.), related to such open use. All other uses require a conditional use permit.
2. All uses, permitted or conditionally permitted by the underlying base district, pursuant the development criteria of SMC 17.44.040.
C. WF (Wetlands Fringe) Combining District.
1. Permitted Uses. All uses, as permitted or conditionally permitted by the underlying base district, subject to the development criteria of SMC 17.44.040 and the vernal pool/rare plant and native vegetation survey of SMC 17.44.050.
D. Noncommercial minor antennas, Class A.
E. All other uses require a conditional use permit. (Ord. 1111, 2018)
17.44.040 Development criteria.
A. All applications for use permits, zoning permits, design review, building permits, or other land use entitlement in the W or WS Combining District shall include written comments, recommendations and/or requirements from the following agencies, with said application(s) deemed incomplete for processing until those comments, recommendations, and/or requirements are filed by the applicant with the City of Sebastopol:
1. State Department of Fish and Wildlife.
2. U.S. Army Corps of Engineers.
3. U.S. Fish and Wildlife Service.
4. Regional Water Quality Control Board.
B. All applications for use permits, zoning permits, design review, building permits, or other land use entitlement within the W or WS Combining District shall be referred to the following agencies or organizations for comment:
1. California Native Plant Society.
2. Mosquito Abatement District.
3. Laguna de Santa Rosa Foundation.
4. Madrone Audubon Society.
5. Sonoma County Agricultural Preservation and Open Space District.
The comments, if any, by these agencies shall be considered by the City in the processing of the application(s). If comments from an agency are not received within 30 days of referral, it will be presumed that such agency(s) has no comment.
C. Applications for development only as allowed by this district of lands below the 100-year flood line within any Wetlands District shall demonstrate compliance with the requirements of, or City Council approval pursuant to, Chapter 15.16 SMC (Flood Damage Prevention) prior to conditional use permit approval.
D. A vernal pool/rare plant and native vegetation survey, pursuant to SMC 17.44.050, shall be required prior to conditional use permit approval.
E. All excavation, filling or other earthmoving activities within the WS or WF District shall be conducted in such a manner that erosion and silting of surface water runoff into a wetland area will not occur. Where areas within a WS or WF District are exposed and subject to erosion due to such excavation, filling or other earthmoving activities, native grass cover or other soil stabilizing vegetation shall be established immediately upon completion of such activities. No filling of natural lands south of Highway 12.
1. “Natural lands” are those that are below the 100-year flood elevation and are classified as riparian woodland, seasonal wetlands, annual grassland, marsh, vernal pool, pasture and oak woodland.
F. Fill or other earthmoving activities within the WS or WF District shall be permitted with a conditional use permit only. When adjacent to a W District (or wetlands area within a WF or WS District as identified by the State Department of Fish and Wildlife or the U.S. Army Corps of Engineers), upon completion of fill or similar earthmoving activities, a setback area shall be established.
G. Placement of landfill and topsoil within the allowed setback area should be accomplished before October 15th, in order to provide adequate opportunity for revegetation to occur during the ensuing growing season. Pending permanent revegetation, filled areas within WS and WF Districts should be planted with native grass cover (broadcast at a rate of not less than 100 pounds per acre), or other soil stabilizing vegetation for fast and effective control of any erosion or siltation that would otherwise occur.
H. Provisions for fencing, in order to protect the waterway channel from the effects of livestock grazing, shall be incorporated into any application for conditional use permit within the W District.
I. The safe handling, storage or disposal of any material that is known to be toxic to wetland vegetation or wildlife shall be made and guaranteed in any application for conditional use permit. No permanent repository, storage facility, or waste dump for such materials shall be permitted.
J. The type, duration and manner of use of any insecticides and/or herbicides within any Wetlands District shall have been approved by all appropriate environmental agencies.
K. Vegetation/Revegetation.
1. In conjunction with the development of properties within a WS or WF Combining District, the perimeter of such properties that is adjacent to a W District or wetlands area shall be seeded or planted to establish or reestablish a vegetation cover.
2. Areas where vegetation adjacent to wetlands vegetation has been removed or altered incidental to development or usage of land areas within a WS or WF District which occurs by reason of filling, excavation or other activities, shall be seeded or planted so as to reestablish native vegetation compatible with the character, type and density that occurred in the areas affected prior to such removal or alteration.
3. Revegetation as required by the provisions of this section shall begin as soon as practicable, but in no event later than 60 days after cessation of development, unless otherwise approved by the City. Such revegetation shall be deemed to comply with the requirements of this chapter if approved or recommended as to type, species and placement by the State Department of Fish and Wildlife and the California Native Plant Society.
L. Noncommercial minor antennas exceeding the permitted height limits, commercial minor antennas, minor telecommunications facilities, and major telecommunications facilities are not permitted in this zone, unless a finding is made by the Planning Commission that no technically feasible alternative location outside this zoning district is possible, that the facility blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable, and that the requirements of SMC 17.130.010 through 17.130.250 are met as appropriate. (Ord. 1111, 2018)
17.44.050 Vernal pool/rare plant and native vegetation survey.
A. When required by SMC 17.44.040, a survey of a site or portion thereof proposed for development shall be undertaken by an independent biologist approved by the City of Sebastopol in order to evaluate the existence of vernal pools, rare and/or endangered plants and/or native vegetation, and the effect, if any, the proposed development may have thereon. Such survey shall:
1. Include a site plan showing the location of the vernal pool, rare and/or endangered plant(s), and/or native vegetation.
2. Include textual documentation as to whether the plant(s) are officially recognized as “rare,” and whether the plant(s) and/or pool is a valuable biological resource.
3. Be prepared by a qualified botanist, whose credentials/capabilities are recognized by the State Department of Fish and Wildlife.
4. Recommend, if necessary, appropriate and feasible measures to be taken in the development of the property in order to protect a documented resource.
B. Upon receipt by City staff, the vernal pool/rare plant and native vegetation survey shall be forwarded to the City Council for review and approval. Upon City Council approval, any proposed development shall be in accordance with the recommendation(s) of the survey. (Ord. 1111, 2018)
17.44.060 Variances/exceptions.
Applications for variances within any Wetlands District shall be approved only if satisfying the findings of SMC 17.420.020, and the following additional findings:
A. That adjacent properties would not be adversely affected by such variance; and
B. That the requested variance would not affect property unique to the waterways or wetlands environment. (Ord. 1111, 2018)
17.44.070 Exempt projects.
The following types of projects shall be exempt from the requirements of this chapter:
A. Repair, maintenance, and replacement projects, interior improvement projects, installation of minor mechanical equipment.
B. Construction on already paved land and/or impermeable surfaces.
C. Additions or changes to existing structures where the new footprint and elevations do not extend into or adversely affect resources of concern.
D. Replacement of existing structures involving substantially the same use, location, square footage, and height.
E. Projects of the City of Sebastopol unless they involve construction of buildings for occupancy. (Ord. 1111, 2018)
17.44.080 Administrative review of projects.
A. Review Requirements. Subject to filing of an administrative permit application, the Planning Director may approve minor alterations or additions to existing uses or other minor projects not otherwise exempt, including facade modifications; minor site improvements; and additions, accessory, or replacement structures that involve less than a 25 percent increase from existing square footage, or less than an additional 1,000 square feet, whichever is greater, and providing the height is substantially unchanged, provided the Planning Director makes a written determination that resources of concern do not occur on the area of development, or due to the existing character of the property or the size, scope, or nature of the proposed project, resources of concern will not be affected by the project. The Planning Director may require applicants to provide information addressing such considerations.
B. Action on Administrative Permit Application. If the findings set forth at subsection A of this section cannot be made, the Planning Director shall deny administrative review of the application and the project shall require a conditional use permit. (Ord. 1111, 2018)
17.44.090 Modification of analysis requirements.
Upon application for a modification of analysis requirements, where the applicant demonstrates to the satisfaction of the City Council that due to the existing character of the property or the size, nature, or scope of the proposed project, the full scope of studies called for by SMC 17.44.050 is not necessary, the Council may modify study requirements of this chapter if it finds, on the basis of substantial evidence, that specific resources of potential concern do not occur on the property or will not be affected by the project. (Ord. 1111, 2018)