§ 19.36

This Division provides procedures and standards for identifying and protecting wetland resources, and permitting wetland restoration, enhancement, and mitigation projects.

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

The standards of this Division apply to all lands within the City that support wetlands as 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 Division do not apply to treatment wetlands or drainage ways considered "other waters" under the Clean Water Act.

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

A.

Development shall be designed and constructed to avoid wetlands to the maximum extent feasible.

B.

Any permitted development, grading, fill, excavation, or shading within a wetland shall provide for the mitigation of wetland loss at a minimum replacement ratio of 2:1 or greater, and shall ensure that there is no net loss of wetland functions and values.

C.

Off-site mitigation of impacted wetlands may be considered where on-site mitigation is not possible. Off-site mitigation shall provide for a minimum mitigation ratio of 3:1 or greater and must be located within the Novato area watershed.

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

Use Permit approval is required for any project within 50 feet of a wetland or requiring wetland protection measures or involving wetland fill/encroachment, or requiring wetland mitigation; and, for all wetland protection, restoration, enhancement and/or mitigation projects, in addition to compliance with Municipal Code Section 19.20.050 (Grading), and Chapter VI (Excavation and Fills).

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

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 City's Stream Management Guidelines, and the standards and design criteria in Section 19.36.070. The Wetlands Management Plan shall include all of the following, and any additional information deemed necessary by the Director:

A.

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.

B.

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:

1.

Grading Plan. Show topography detailed at one-foot increments 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 200 feet of the property.

2.

Drainage Plan. Indicate water flow and drainage patterns along with any estimated volume exchange rates.

3.

Planting Plan. Identify the location of flora and fauna habitat areas and types, and any planting plans.

C.

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 19.36.070.

1.

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 stormwater management plan which identifies potential pollutants and ensures that runoff is substantially free of debris, pollutants and silt. Stormwater 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.

2.

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.

3.

Site preparation grading elevations and specifications for, if needed, soil amendments, removal of unsuitable fill, and weed control.

4.

Measures for minimizing impacts to the wetland during grading and construction, and for minimizing disturbances to wildlife habitat.

Vector management, demonstrating ecological vector control developed in consultation with the MarinSonoma Mosquito and Vector Control District.

6.

Identification of disposal area for any excavated or dredged material.

D.

Implementation and Monitoring Plan. An implementation and monitoring plan shall provide:

1.

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;

2.

Specifications for irrigation as needed, removal of exotic and nuisance vegetation, and maintenance;

3.

Responsibility schedule and reporting requirements for monitoring the hydrology, vegetation, and wildlife of the wetland with a specified monitoring time frame (five years minimum for brackish or tidal marshes, and 10 years required for freshwater and seasonal wetlands);

4.

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;

5.

Identification of methods to ensure that the wetland will be protected in perpetuity; and

6.

A schedule for grading, planting, and long-term maintenance.

E.

Cost Estimate. A cost estimate for implementing, monitoring, and maintaining the wetland. Performance security may be required in compliance with Section 19.44.030 to ensure proper installation, monitoring, and maintenance of the wetland.

F.

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

A.

Allowed Uses. Wetlands may fulfill the landscaping requirements of Section 19.28.030 (except that landscaping required in parking areas shall be provided), where the building and landscape design provides for the participation by residents and/or users of the site in passive outdoor recreational activities such as bird watching, fishing, and nature photography. 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 and adequate habitat protection measures are provided in the Wetland Management Plan.

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

The Wetlands Management Plan required by Section 19.36.050 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 50 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:

1.

The proposed buffer provides adequate watershed hydrology to support the wetland and protects the resource value of the wetland; or

2.

The strict application of the buffer requirement would result in a taking of the property without just compensation.

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 native vegetation that is consistent with the maintenance of the adjacent wetland habitat values.

D.

Erosion and Sediment Control. 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 bestmanagement practices to minimize siltation, sedimentation, and erosion (see Municipal Code Section 5- 23.008). During construction, temporary fencing shall be placed around the wetland/buffer area. 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 is provided to the satisfaction of the City Attorney prior to issuance of a certificate of occupancy or acceptance of improvements that will ensure wetland restoration and monitoring of the effort.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-12)

Prior to issuance of a Building or Grading Permit for work in or near a wetland, the applicant shall provide the Department with the following:

A.

Verification of Corps 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;

C.

A consultation with the U.S. Fish and Wildlife Service and/or the California State Department of Fish and Game or National Marine Fisheries Service if any special status species or associated habitat are present; and

D.

If property is located in tidal areas, Bay Conservation and Development Commission (BCDC) approval, if applicable.

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