Part 22 — WATERCOURSE VARIANCE

The purpose of this part is to allow variation from the watercourse setbacks or development standards as outlined in Sections 24.08.2130 and 24.08.2180. A watercourse variance shall not be required for a statewide exemption accessory dwelling unit, as defined in Part 2 of

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Chapter 24.16, to vary from a watercourse setback; however, a statewide exemption accessory dwelling unit that requires approval of a coastal permit shall otherwise conform with all other goals, policies, and objectives of CityWide Creeks and Wetlands Management Plan. (Ord. 2024-24 § 3, 2025; Ord. 2024-17 § 9, 2024; Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

A watercourse variance shall be granted when, because of special circumstances applicable to the subject property, the strict application of the watercourse setbacks or development standards denies a property owner privileges enjoyed by other watercourse property owners in the vicinity or creates an unnecessary hardship or unreasonable regulation which makes it obviously impractical to require compliance with applicable watercourse setback or development standards. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

Applications for a watercourse variance shall be acted upon by the planning commission at a public hearing unless the watercourse variance is accompanied by an application which must be heard by the city council.

The watercourse variance shall be accompanied by the following data and reports, as applicable:

b. Protect existing biological values of the watercourse corridor such as shade provision, water temperature maintenance, nutrient filtering, wildlife movement corridors, unimpeded fish movement, and wildlife habitat;

c. Maintain opportunities for restoration and enhancement, if the area lends itself to restoration or enhancement (contiguous to other habitat, able to sustain riparian area, etc.);

d. No special status plants or wildlife species, are present within that portion of the setback area requested to be disturbed or narrowed.

2. A vegetation management plan prepared by a qualified biologist, arborist or restoration specialist that identifies native and non-native trees and shrubs to be removed. The plan shall identify the location, limits, and square footage of the proposed vegetation management, the specific size (diameter at breast height and tree height), the species of native and non-native trees to be managed, their condition and health, and the reason for their removal. The plan shall also propose the method of removal (cutting, mowing, spraying).

3. An erosion control plan for the portion of the project for which a watercourse variance is requested (prepared in accordance with the requirements of the City-Wide Creeks and Wetlands Management Plan) and Section 24.14.060(4) of the Municipal Code.

4. Site-specific biotic and hydrologic studies prepared by qualified professionals submitted by the applicant that justify the requested narrower setback or other exceptions to the watercourse development standards requested from a biotic, hydrologic, and/or geomorphic standpoint. The studies must demonstrate that requested setbacks and exceptions to the watercourse development standards will ensure the following:

a. Provide adequate area to contain stormwater flows and provide water quality improvements;

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4. A restoration and enhancement plan, prepared by a qualified professional for restoration or enhancement of the proposed narrower setback, including riparian vegetation and fisheries enhancement, and a statement that the applicant has committed to implement the plan. The plan shall also describe how the replanted vegetation shall be monitored. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

In approving a watercourse variance, it shall be determined by the hearing body that:

1. There are exceptional or extraordinary circumstances or conditions applicable to the subject watercourse site that do not generally apply to other watercourse parcels.

2. Granting the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant and to prevent unreasonable property loss or unnecessary hardship. In allowing a reduction to the mini-

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mum setback, the variance is allowed only to the point at which a principal permitted use (which has been modified as much as is practical from a design standpoint) can be accommodated.

3. In granting a variance to allow a reduction in the minimum setbacks provided in the City-Wide Creeks and Wetlands Management Plan, the setbacks have only been reduced to the point at which a principal permitted use (modified as much as is practical from a design standpoint) can be accommodated.

4. Granting the variance would not be detrimental or injurious to property or improvements in the vicinity of the subject site or to the health, safety and welfare of the watercourse directly affected by this application.

5. Granting the variance is in conformance with all other goals, policies and objectives of City-Wide Creeks and Wetlands Management Plan.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).