Chapter 17.31 — NR NATURAL RESOURCES DISTRICT

The purpose of the natural resources district is to protect those non-coastal areas in the city that have been identified as sensitive riparian or wetland habitat and to provide for a buffer zone to protect the wetlands. The uses of natural resource areas are limited to those in accordance with the policies of the natural resources/conservation and land use elements of the general plan. Further, the procedures in order to specify the boundaries of any riparian or wetland habitat and incentives to direct development away from such areas are provided by this district.

(Ord. 700(Exh. A), 2003)

• A. The principal permitted use in the natural resource district is resource dependent activity which includes:

  1. Fish and wildlife management such as nature study and fishing, which may include the development of minor facilities constructed or placed by hand such as blinds, lookouts, interpretive panels, fences and foot-trails.

  2. Maintenance and repair of existing public facilities such as: flood-control and drainage channels, roads or road crossings, and utilities.

  3. Removal of windblown trees which threaten existing structures.

• B. Other NR uses for which a use permit must first be secured:

  1. In all areas, those recreational facilities included in a publicly adopted state park and recreation or department of fish and game master plan.

  2. In all areas, wetland or stream restoration programs.

  3. In riparian areas and wetland buffer areas, recreational trails.

  4. In riparian areas, new roads where crossings shall be limited, when feasible, to right angle crossing of streams and stream corridors.

5. In all areas, one single-family residence and appurtenant structure when denial of such would otherwise substantially deny all reasonable use of the parcel, including use of incentive density, and where such development will be sited and designed to prevent impacts which would significantly degrade the environmentally sensitive habitat area. Height limits shall be as in the R-l district.

(Ord. 700(Exh. A), 2003)

• A. The general plan land use map identifies the locations of environmentally sensitive natural resource areas (wetlands and riparian habitat areas). Where question or dispute arises over the location of a habitat boundary the applicant shall provide the following information:

  1. A base map delineating topographic lines, adjacent roads, location of dikes, levees, flood control channels, and tide gates;

  2. A soils map;

  3. A vegetation map; and

  4. A biologists report.

The definitions of wetlands and riparian vegetation within the general plan and consultation with the California Department of Fish and Game and the U.S. Army Corps of Engineers, shall be utilized for determinations.

• C. Wetland Buffer. Where a wetland is not within a designated riparian vegetation corridor, a buffer area of one hundred feet shall be maintained, to be measured landward of the wetland edge. A buffer of less than one hundred feet may be utilized where it can be determined that there is no adverse impact on the wetland. A determination to utilize a buffer are of less than one hundred feet shall be made in cooperation with the California Department of Fish and Game. The city's determination shall be based upon specific findings as to the adequacy of the proposed buffer to protect the identified resource. The required rear, front and side yard setbacks of a parcel may be located within the buffer area; however, no development other than that specified above may take place within that portion of the yard setbacks located within the buffer area.

• D. Riparian Vegetation Corridor. Native vegetation along any river, stream or creek shall be maintained from top of highest bank to top of highest bank to provide bank stabilization, water quality and wildlife habitat. Additional setback from top of highest bank may be required for geologic or flooding safety. Within this top of bank/safety area eighty percent of the native vegetation canopy shall be retained. Native trees which canopy the watercourse shall be retained unless an existing structure is immediately threatened or a permitted use activity is approved. Where such a new permitted activity occurs native riparian vegetation shall be replaced and maintained on-site, in kind with native species. Where non-native vegetation is removed it shall be replaced and maintained on-site, inkind with native species.

• E. Any dredging and/or spoils disposal undertaken as part of the maintenance and repair of existing public facilities (such as flood-control and drainage channels, roads or road crossings or utilities) shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation.

• (Ord. 700(Exh. A), 2003)

Where the property owner chooses, they may offer to the city or another public agency an easement, the ownership or another acceptable method of open space dedication for that portion of their property designated as NR natural resources. In such cases the city shall provide the property owner with a development agreement which provides for residential development density credit, above that permitted by the general plan, on the immediately adjacent non-NR area of the subject parcel. This provision shall be subject to meeting all of the following criteria:

• A. The offered lands within the natural resources zone district shall be substantially in a natural undisturbed state;

• B. The offer for dedication and development agreement shall be negotiated with the city and approved by the city council prior to recordation of the dedication. The development agreement shall be recorded at the same time as the dedication;

• C. The residential density bonus shall be calculated based only on the geometric area zoned NR which is to be dedicated;

• D. The density bonus granted shall not exceed one-third of the density which would be permitted if the natural resources zone were designated the same land use as the adjacent area. Where the adjacent area is designated for residential use its density shall be used. If the adjacent area is designated for commercial use, up to twelve or fifteen units per acre shall be used, as specified for the commercial area density by the general plan. Where two designations are adjacent the lower density shall be used as typical; however the additional units may be located in either area; and

• E. The development agreement bonus units shall be located only on immediately adjacent lands owned by the same property owner which are not in the resource conservation area. The units may not be applied to lands not adjacent nor to lands owned by another party. However, provision may be made in the development agreement permitting the right to the additional units to transfer with property title if the owner wished to sell at a later date.

• (Ord. 700(Exh. A), 2003)