Note: Editor's note—Ord. 2-22-2011(1), adopted February 22, 2011, repealed the former Chapter 17.72, §§ 17.72.010—17.72.030, and enacted a new Chapter 17.72 as set out herein. The former Chapter 17.72 pertained to Coastal Zone Natural Resources District. See Code Comparative Table for complete derivation.
A. 
The purpose of the coastal zone natural resources district is to protect those coastal areas in the city that have been identified containing environmentally sensitive habitat areas (ESHA), including but not limited to riparian or wetland habitat, which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and could easily be degraded by human activities and developments, 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 designated coastal zone natural resource policies of the coastal land use plan. Further, the procedures to follow in order to specify the boundaries of any environmentally sensitive habitat and incentives to direct development away from such areas and to establish adequate protective buffer areas around such areas are provided by this district.
B. 
No land, building or structure shall be used, nor shall any building or structure be constructed, erected, altered, added to, enlarged or moved for any purpose or in any manner except in compliance with these regulations.
(Ord. of 2-22-2011(1))
The principal permitted use in the Coastal Zone Natural Resource district is resource dependent use which includes:
A. 
Fish and wildlife management such as nature study, which may include the development of minor facilities constructed or placed by hand such as blinds, lookouts, interpretive panels, fences and trails.
B. 
Maintenance and repair of existing public facilities such as: flood-control and drainage channels, roads or road crossings, and utilities.
C. 
Removal of windblown trees which threaten existing structures.
(Ord. of 2-22-2011(1))
The following uses may be permitted subject to the granting of a conditional use permit:
A. 
In all habitat areas, those recreational facilities included in a publicly adopted State Park and Recreation or Department of Fish and Game Master Plan.
B. 
In all habitat areas, wetland or stream restoration programs.
C. 
In riparian habitat areas and wetland buffer areas, recreational trails.
D. 
In riparian habitat areas, new roads where crossings shall be limited, when feasible, to right angle crossing of streams and stream corridors.
E. 
In all habitat areas, fences and access trails necessary to protect the area map be placed.
F. 
In all habitat 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-1 district.
(Ord. of 2-22-2011(1))
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 arise over the location of a habitat boundary the applicant shall provide the following information:
1. 
A base map delineating topographic lines, adjacent roads, and the location of all dikes, levees, flood control channels, tide gates, streams, rivers water bodies and wetlands located on the site;
2. 
A map of soils classifications on the site;
3. 
A vegetation habitat map of the site; and
4. 
A professional biologists report which shall include an adequate description of the flora, fauna, fish, birds, mammals, or other wildlife which occupy the site or are habitually found thereon, setting forth with detail those areas where federal or state listed plant and animal species or their habitats may be found on the site. The report shall include the findings of a site visit, discussion of soils and habitat classifications at the site, and any conclusions, recommendations and/or mitigating circumstances which address the boundary issue.
5. 
Any other information pertinent to the particular project which might be necessary for the review of the project requested by the city Planning department.
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.
B. 
ESHA Buffer. A buffer area of one hundred feet in width shall be maintained in a natural condition along the upland limits of all identified ESHA, to be measured from the outer boundary of such environmentally sensitive area. A buffer of less than one hundred feet may be utilized where it can be determined by the city that there is no adverse impact on the wetland. A determination to utilize a buffer area 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 by this chapter may take place within that portion of the yard setbacks located within the buffer area.
C. 
Riparian Vegetation Corridor. Native vegetation along any river, stream or creek shall be maintained from the top of highest bank on the opposite bank to the top of highest bank to provide bank stabilization, water quality and wildlife habitat. Additional setback from top of highest bank shall be required for geologic or flooding safety. Within this top of bank/safety area, 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, in-kind with native species.
D. 
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. of 2-22-2011(1))