Mountain House Municipal Code Ch. 3 Riparian Habitat

The intent of this Chapter is to preserve the City's riparian habitat.

(Ord. 2024-18, § 1(Exh. A), 2024)

The requirement of this Chapter shall apply to all development projects requiring discretionary approval.

(Ord. 2024-18, § 1(Exh. A), 2024)

An action that in the opinion of the Review Authority has the potential to destroy, eliminate, or degrade riparian habitats shall not be permitted, unless the Review Authority determines that all of the following are true:

(a) Public Interest. The potential loss is in the public interest.

(b) Riparian Habitat Mitigation. Potential destruction, elimination, or degradation of the riparian habitat would be mitigated through a Riparian Habitat Mitigation Plan that shall be part of the conditions of approval.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Riparian Habitat Mitigation Plan shall include a plan to protect existing riparian habitat or a plan to replace, preserve, or develop new habitat, or a combination thereof. The Plan shall be prepared by a qualified biologist and shall be subject to the following provisions:

(a) On-Site Riparian Habitat. The Plan shall show the location and extent of existing riparian habitat on the site of the proposed project and shall indicate the riparian habitat that may be destroyed, eliminated, or degraded as a result of the project as well as the riparian habitat that is to be retained and protected, with methods for ensuring protection.

(b) Mitigation Sites. The Plan shall indicate sites that are to be developed or preserved to serve as mitigation for loss of riparian habitat as a result of the proposed project. To the extent practicable, mitigation sites shall be in City of Mountain House and shall assist in the maintenance of riparian corridors.

(c) Contribution to Existing Off-Site Habitat Site. In lieu of establishing and maintaining riparian habitat on-site of the proposed development, the applicant may contribute to the acquisition and maintenance of an existing off-site riparian habitat area or contribute to the establishment and maintenance of a new riparian habitat area. The amount of the contribution shall be based on the cost of establishing and maintaining replacement habitat for a five (5) year period on-site.

(d) Replacement Vegetation. Vegetation planted to mitigate the loss of riparian habitat shall generally be native vegetation. The size of the area of replacement vegetation shall be at least two (2) times the size of the area that is to be destroyed, eliminated, or degraded.

(e) Maintenance. Provisions shall be made for maintaining replacement vegetation for five (5) years.

(f) Conservation Easement. Assurance of habitat preservation shall be by conservation easement or other acceptable methods.

(Ord. 2024-18, § 1(Exh. A), 2024)

Parallel to any natural bank of a waterway, a natural open space for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality. The minimum width of said open space shall be one hundred (100) feet, measured from the mean high water level of the natural bank or fifty (50) feet back from the existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer.

(Ord. 2024-18, § 1(Exh. A), 2024)