Santa Clara County Municipal Code Ch. VII Stream

Sec. B11.5-26. - Purpose.

The purpose of this chapter is to protect stream water quality, and riparian habitat through a riparian setback requirement for construction activity within the NPDES Phase II Permit Riparian Setback Applicability Map in accordance with the County's 2010 Storm Water Management Plan.

(Ord. No. NS-517.90, § 2, 3-1-16)

Sec. B11.5-27. - Stream and riparian vegetation setback requirements.

Any construction activity, including construction activity undertaken by the County, located within the areas identified in the NPDES Stormwater Phase II Permit Riparian Setback Applicability Map shall adhere to a minimum 30-foot riparian setback, except as provided in Sections B11.5-28 and B11.5-29 of this chapter. If the construction activity is subject to a more restrictive setback requirement pursuant to local, state or federal law or regulation, the more restrictive setback requirement shall apply.

(Ord. No. NS-517.90, § 2, 3-1-16)

Sec. B11.5-28. - Exemptions.

The following activities shall be exempt from the riparian setback requirement of this chapter.

(a) Construction activity that does not have the potential to result in ground disturbance, or release of potential water quality contaminants. Cantilevered decks do not qualify for this exemption.

(b) Maintenance activities within the riparian setback that would not significantly impair or impact water quality or riparian vegetation.

(d) Construction, maintenance or replacement activities undertaken by public agencies or public utilities that require work within or adjacent to streams relating to public rights-of-way, bridge, levee, flood-protection, out-fall, or dam construction or maintenance, and stream maintenance.

(e) Construction or maintenance activities of recreational trails by public agencies.

(f) Construction or maintenance of stream crossings essential to provide a means of access to land or facilities, or for public rights-of-way.

(Ord. No. NS-517.90, § 2, 3-1-16)

Sec. B11.5-29. - Riparian setback reduction.

Construction activities may be eligible for a riparian setback reduction as provided in this section.

(a) Prior to undertaking any construction activities, the property owner seeking a riparian setback reduction must file a permit application prepared by the County for this purpose with the Department of Planning and Development. Any application submitted must be accompanied by payment of all applicable fees established by resolution of the Board of Supervisors. A report by a qualified biologist shall be required for any construction activity that could reasonably be anticipated to impact riparian flora or fauna. Reports from other qualified professionals, including, but not limited to, civil engineer, geotechnical engineer, or stream hydrologist, shall be required, if requested by the Planning Manager or his or her designee. The following factors shall be considered in evaluating if a riparian setback reduction may be granted:

(1) The extent to which meeting the riparian setback would result in a demonstrable hardship (i.e., precludes reasonable or economically viable use of the land) for the applicant.

(2) The extent to which meeting the riparian setback would require deviations from, exceptions to, or variances from other established policies, ordinances or development standards regarding grading, access, water supply, wastewater treatment, disposal systems, geologic hazards, zoning, or floodplain management.

(3) The extent to which meeting the required riparian setback would preclude improvements, including additions, of legally established structures which already exist within the riparian setback.

(b) The Planning Manager or his or her designee may not grant a riparian setback reduction unless all of the following findings can be made:

(1) The reduction is necessary due to special circumstances applicable to the subject property such that strict application of the riparian setback would otherwise preclude reasonable or economically viable use of the land;

(2) There are no significant construction-related impacts to water quality, or any impacts to water quality are appropriately mitigated using storm water quality best practices;

(3) The structure, building or facility is located, designed and operated such that no significant post-construction impacts to water quality are anticipated; and,

(4) No significant impacts to adjacent riparian vegetation are anticipated, or adjacent riparian vegetation impacts will be mitigated to a pre-project equivalent or better.

The Planning Manager or his or her designee shall prepare in writing the grounds for granting or denying the riparian setback reduction. If the riparian setback reduction is granted, the Planning Manager may provide any necessary conditions of approval to ensure that the riparian ecology and water quality are protected in accordance with Section B11.5-26.

(c) Any interested person may appeal the grant or denial of the riparian setback reduction made pursuant to subsection (b) to a review committee consisting of the Director of Planning and Development and the Clean Water Program Manager. Any such appeal shall be filed within 15 days of the Planning Manager's decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors.

(d) Any interested person may appeal the review committee determination made pursuant to subsection (c) to the Board of Supervisors. Any such appeal must be filed within 15 days of the decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors. The determination of the Board of Supervisors shall be the final County determination.

(Ord. No. NS-517.90, § 2, 3-1-16)

Sec. B11.5-30. - Concurrent land development approval.

When the construction activity seeking a riparian setback reduction under Section B11.5-29 is undertaken as part of a discretionary land development approval (e.g., Subdivision Map Act, Use Permit, Architecture and Site Approval), then the review and appeal process under Section B11.5-29 shall be attached to that discretionary land development approval.

(Ord. No. NS-517.90, § 2, 3-1-16)