§ 19.35

This Division provides standards for the protection, maintenance, enhancement and restoration of streams and waterways in a manner which preserves and enhances their ecological integrity and resource functions and value. The purpose of this Division is to establish adequate buffer areas along watercourses to avoid flood hazards and maintain or expand storage capacity for flood waters; protect water quality and in-stream habitat; preserve, enhance and restore riparian habitat and adjacent wetlands and upland buffers; and, provide for continuous wildlife migration corridors connecting habitat areas. The intent is to allow development, which is compatible with the important physical, habitat, aesthetic, and recreational functions of waterways, while ensuring that these functions and values are protected in perpetuity.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Stream Protection Zone. The standards and requirements of this Division shall apply to all lands adjoining or encompassing watercourses shown on EN Map 1 of the General Plan and their significant tributaries as determined by the Director. A Stream Protection Zone shall be established, which shall include the stream bed, the stream banks, all riparian vegetation and an upland buffer zone at least 50 feet wide, measured from the top of the channel bank. The Stream Protection Zone shall be expanded based on individual site evaluations to encompass the existing riparian vegetation and adjacent habitat areas including upland buffers or may be reduced if physical conditions so warrant through the adoption of the Stream Management Plan.

B.

Waiver/Non-Applicability. In developed areas where the existing site and upstream and downstream conditions preclude the establishment the Stream Protection Zone or where the watercourse is owned, managed, and maintained by a qualified public agency and adequate stream buffer areas are provided, the Director may waive the required Use Permit and Stream Management Plan (SMP) and shall establish a minimum stream buffer area/setback requirement and/or development standard as a condition of approval. The Director may require the applicant to submit documentation to support the waiver and define an appropriate setback or development standard.

Routine stream management and maintenance activities authorized or carried out by qualified public agencies are exempt from these provisions.

C.

Additional Standards. Proposed development that is subject to the provisions of this Division shall also comply with the provisions of Municipal Code Section 7-4.11 (Watercourse Protection).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Proposed development, land uses and activities including any proposed development application, land division, use permit, grading or building permit for any excavation, fill, grading, or paving; removal or planting of vegetation; construction, alteration, or removal of any structure; or alteration of any embankment within the Stream Protection Zone shall require Use Permit approval.

A.

Stream Management Plan. Use Permit review and approval shall include the review and approval of a SMP developed in compliance with the City's Stream Management Guidelines.

B.

Maintenance and Management Provisions. The Use Permit shall address annual maintenance requirements and management activities, which shall be included, reviewed and approved as part of the SMP and incorporated into the project.

C.

Action by Review Authority. The Zoning Administrator may approve a Use Permit and SMP subject to the findings contained in Section 19.35.070 for the minor activities, land uses or development in or near a stream or watercourse, including:

1.

Minor road crossings, driveways, pedestrian bridges and pathways, and utilities;

2.

Bank stabilization and erosion control projects involving less than 30 linear feet;

3.

Enhancement and restoration projects involving no mitigation of wetlands or riparian resources; and

4.

Single-family homes and accessory structures and any permitted land use on lots in existing developed areas.

The Commission shall review and approve or disapprove all other Use Permit applications within the Stream Protection Zone.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Applications for projects subject to the requirements of this Division shall include a SMP prepared by qualified persons experienced in the development and implementation of riparian restoration and enhancement plans. The SMP shall:

A.

Assess existing conditions and resources on the site and adjacent resources located upstream and downstream or adjacent to the project area. A written description and site plan drawn to scale shall be required illustrating existing topography and adjacent land uses, stream banks, vegetation, structures, paving, access roads and trails, fencing, accessory uses, utilities and easements.

B.

Define the boundaries of the Stream Protection Zone and identify site specific objectives for protection of the resources in compliance with the purpose of this Division. The SMP shall address water quality, flood management, vegetation, fishery, wildlife, and channel stability issues. The objectives may include public access or passive recreation and such other issues as may be required by the Director.

C.

Include measures to protect, enhance and restore native vegetation and wildlife habitat and shall define site preparation, exotic species removal, site grading, erosion control, channel stabilization, habitat preservation methods, fishery enhancement, and revegetation or enhancement plans, as appropriate and such other information as may be required by the Director.

D.

Specify an ongoing long-term management program to ensure the protection of riparian resources, wildlife and fisheries habitat and meet objectives for water quality and flood management. The management program shall specify annual maintenance requirements and the responsibility for implementation and funding. Maintenance responsibility and funding mechanism shall be established in a long-term maintenance agreement or other mechanism approved by the Director prior to final approval of any development permit, land division, or building or grading permit.

E.

If it includes a mitigation or restoration component, the SMP shall specify mitigation goals and define performance standards or success criteria and shall include a construction and minimum 10-year postconstruction monitoring program and funding mechanism (bond, trust fund or other method) to ensure that the project goals and performance standards are met. The monitoring period may be reduced if a finding is made that the performance standards and success criteria are met. Annual reports and a final report, prepared by a qualified expert, documenting the success of the mitigation project shall be submitted by the applicant to the City and other responsible or permitting agencies. The monitoring program shall include provision for remedial action as needed to correct deficiencies and shall be integrated with an annual maintenance program. If the performance standards or success criteria are not met, an additional period of correction and monitoring shall be specified until the performance standards or success criteria are met.

and other responsible or permitting agencies. The monitoring program shall include provision for remedial action as needed to correct deficiencies and shall be integrated with an annual maintenance program. If the performance standards or success criteria are not met, an additional period of correction and monitoring shall be specified until the performance standards or success criteria are met.

The SMP shall be referred to the California Department of Fish and Game for review and comment, prior to project approval.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Uses permitted within the Stream Protection Zone shall be limited to native landscaping, fencing, maintenance roads, utilities, storm drains, trails and passive (low-impact) recreation. Fencing and structures shall be set back to provide for unobstructed flow of flood waters and continuous wildlife migration corridors along the riparian areas.

B.

The area within the Stream Protection Zone may be used to calculate allowable residential densities or applied to the landscape area requirements for non-residential uses in accordance with provisions of the primary zoning district.

C.

Encroachments of parking areas, access roads, bridges, structures and other uses may be conditionally permitted by the Review Authority where the following findings are first made:

1.

The proposed use, structure or encroachment cannot be feasibly located outside the Stream Protection Zone or such location would have a more adverse effect on the stream environment; and

2.

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

3.

The strict application of these limitations would result in a taking of the property without just compensation.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Proposed developments, uses, alterations or encroachments within or near watercourses shall comply with the following standards and design criteria:

A.

Stream Buffer Zone. A Stream Buffer Zone shall be established for preservation, restoration or enhancement of riparian vegetation and adjacent upland habitat. The Stream Buffer Zone shall include adjacent upland habitat for sensitive species and wildlife migration, as well as, providing for filtration of sediment and contaminants in storm runoff and allow infiltration of rainfall to maintain an adequate water budget to support the riparian and wetland habitat. Upland buffers shall consist of grasses and native shrubs to be maintained in a natural state.

1.

Removal of existing riparian vegetation shall be avoided to the maximum extent feasible and limited to the minimum amount necessary, except for exotic, invasive species or other vegetation identified on an approved SMP.

2.

Grading, fill, earthwork, or soil compaction, within the Stream Protection Zone shall be avoided or minimized to the maximum extent feasible. During construction, protective fencing shall be installed along existing riparian vegetation to include a buffer area extending beyond the dripline of the tree canopy to protect the root structure. The extent of the buffer area shall be determined based upon the tree species. If encroachment

within the root zones of significant trees cannot be avoided, then a certified arborist shall be retained to provide recommendations for less damaging construction practices and long-term maintenance.

3.

Root zone areas of native oaks and riparian vegetation shall be maintained in a natural state. All turf areas, irrigation and drainage shall be designed to drain away from valley oaks and creek corridors to avoid long-term impacts of irrigation and chemical use of pesticides and herbicides.

4.

In disturbed areas, the stream buffer zone shall include area for restoration or enhancement of riparian vegetation to provide for a continuous riparian corridor connecting habitat areas.

5.

Fencing may be required along the Stream Buffer Zone to separate public or private use areas from the creek corridor and prevent encroachment in habitat areas. Fencing shall be designed to permit emergency and maintenance access. Fencing shall not obstruct wildlife migration corridors and shall be designed 6-inches above the ground to allow for passage of small mammals and other species.

B.

Alterations of Stream Channel or Banks. The streambed and stream banks shall not be filled, graded, excavated, or obstructed by any development, construction, or activity associated with such development, nor shall vegetation in the streambed or on the stream banks be cut or removed, except for the following circumstances:

1.

Placement of City-approved storm drain and irrigation outflows. Such outflows and the associated drainage facilities shall be designed so as to eliminate or minimize increases in the rate and amount of storm or irrigation water discharge.

2.

Placement of public and non-public utility lines.

3.

Construction of bridges and their connecting roadways.

4.

Maintenance activities necessary to prevent flooding, reduce siltation, or otherwise provide for the public health and safety.

5.

Work identified in an approved SMP.

C.

Slope Protection and Bank Stabilization. In areas with bank failure or high scour potential, slope protection and biotechnical bank stabilization measures, designed by a qualified registered engineer, may be required and incorporated into the SMP.

D.

Alterations Within the Stream Buffer Zone. The stream protection zone shall not be filled, graded, excavated, or obstructed, nor shall vegetation in the riparian zone be cut or removed, except for the following circumstances:

1.

Construction of facilities for low intensity, passive recreation (e.g., pedestrian and bicycle trails and paths, and foot bridges), nature study or conservation uses approved by the Director.

2.

Restoration, enhancement and maintenance activities, including removal of debris when necessary to protect the public health and safety, or minor weed abatement activity necessary to protect life or property.

3.

Work identified in an approved SMP.

E.

Mitigation, Restoration and Enhancement. Any use or encroachment within the stream Protection Zone shall require mitigation in order to offset the intrusion of human use and limit flood hazards. Mitigation measures shall be incorporated into the SMP to address the existing site conditions and provide additional buffering of wildlife corridors, connect habitat areas and maintain adequate capacity for flood flows. Revegetation program and planting plans shall use indigenous plants in accordance with the City's Stream Management Guidelines.

F.

Erosion Control. All work within stream protection zones shall be kept to the minimum amount necessary to accomplish the goals of this Division. The SMP shall include erosion control and a Stormwater Pollution Prevention Plan utilizing the following best management practices:

1.

Earth work within the Stream Protection Zone shall be permitted only between April 15 and October 15. When necessary, extensions of this time period may be granted by the City Engineer on a case-by-case basis.

2.

Disturbed areas shall be revegetated by October 15. When necessary, extensions of this deadline may be granted by the City Engineer on a case-by-case basis.

3.

Where needed to prevent erosion, exposed soil surfaces shall be hydromulched or stabilized by other erosion control measures prior to October 15. When necessary, extensions of this deadline may be granted by the City Engineer on a case-by-case basis.

4.

Special care shall be taken to avoid removal of vegetation immediately adjacent to the stream banks except for exotic, invasive species or other vegetation identified in the approved SMP.

G.

Urban Runoff and Stormwater Discharges. Any project subject to the requirements of this Division shall incorporate best management practices into the SMP to address potential for long-term water quality impacts related to urban runoff and stormwater discharges including the following, as appropriate:

1.

Where practical, street runoff should be conveyed through vegetated swales or retained in small detention basin or landscape areas which serve to filter and absorb sediment and chemical constituents in urban runoff prior to entering a stream channel, wetland habitat or storm drain.

2.

Provision for vegetated streamside buffer areas separating formal landscape and developed areas from creek channels and drainageways shall be provided. The stream buffer zone shall be landscaped with grasses and native plant species to filter and absorb sediment and chemical constituents and provide a zone for rainfall infiltration next to the creek channel.

3.

Development of a program of parking lot sweeping should be provided for large parking or high volume traffic areas along with an appropriate funding mechanism. Alternatively, filters of oil and contaminants may be incorporated into the design of storm drain drop inlets where an annual maintenance program is provided.

4.

Pesticides and fertilizers shall not be applied to public landscape areas, or any creekside maintenance accessway during the rainy season (October 15 - April 30).

5.

All drainage improvement plans shall include installation of permanent signs (concrete stamps or equivalent) at each storm drain inlet. The sign at each inlet shall read "No Dumping, Flows To San Francisco Bay" or equivalent, and shall be installed at the time of construction and verified prior to acceptance of public improvements or issuance of a certificate of occupancy.

H.

Long-Term Maintenance/Management. As a condition of approval for any project subject to the requirements of this Division, provision for long-term management and maintenance shall be provided along with a funding mechanism. Long-term maintenance and management plans shall include annual inspections and provisions to maintain hydraulic capacity of the stream channel, as well as protect, restore and enhance aquatic and riparian habitat. Management plans may include provisions for debris and sediment removal, clearing of brush and other vegetation that trap sediment, and shall specify methods to preserve, enhance and restore riparian vegetation.

The City may allow dedication to the City, the Marin County Flood Control District, Marin County Open Space District or other appropriate public or private entity, of a conservation easement or fee interest for long-term preservation and management of the Stream Protection Zone as determined necessary for flood control, water quality, and wildlife habitat.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The approval of any project subject to the requirements of this Division shall require that the Review Authority first find that a SMP has been prepared and incorporated into the project in accordance with this Division, including measures to:

A.

Preserve, enhance and/or restore wildlife habitat, riparian vegetation and adjacent upland buffers;

B.

Protect water quality and in-stream habitat including erosion and urban runoff controls; and

C.

Address potential flood hazards and define responsibility and funding mechanism for long-term maintenance of hydraulic capacity and floodplain management.

These findings shall be in addition to those required for Use Permit approval by Section 19.42.050 (Use Permits).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Prior to issuance of a grading or building permit or approval of any improvement plans for earthwork within any creek corridor or identified wetland site, proof of authorization from all applicable responsible agencies including, but not limited to, the U.S. Army Corps of Engineers, the California Regional Water Quality Control Board, and the California Department of Fish and Game, shall be submitted by the applicant.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.36 - WETLAND PROTECTION AND RESTORATION