Riparian setbacks have been established to protect rivers, creeks and streams from encroachment by urban uses and to protect riparian habitats, as follows:
A. 
These requirements apply to any structure or other form of development located on property adjacent to or near the Russian River, Foss Creek, or other stream or creek, except as provided in this section.
B. 
The requirements of this article shall not apply to public streets or utilities, flood control facilities, erosion control structures or creek bank stabilization improvements that have been approved as required by governmental agencies having jurisdiction over them.
(Ord. 950 § 2 (Exh. A § 18120(a)), 1998)
A. 
No building, structure or permanent or temporary improvement, including but not limited to buildings of any type, garages, swimming pools and spas, parking lots (paved or unpaved), patios, platforms, decks, fences, liquid storage tanks, trash enclosures, mobile homes, retaining walls, debris, fill or trash shall be allowed within the following setbacks:
Russian River: 100 feet
Foss Creek: 35 feet
All other streams and creeks: 25 feet
B. 
Setbacks shall be measured from the top of the existing bank. Where channel improvements are proposed, subject to the approval of a variance pursuant to this section, setbacks shall be measured from the top of the finished bank.
C. 
Existing riparian vegetation within setback areas shall be maintained and protected from disturbance.
(Ord. 950 § 2 (Exh. A § 18120(b)), 1998)
Variances to the standards set forth in HMC § 20.24.090 may be granted pursuant to Chapter 20.28 HMC, Article VI, where the provision of the required setback is infeasible. Where a variance is granted, and where creeks or other riparian habitats are impacted by proposed activities subject to the California Environmental Quality Act (CEQA), detailed riparian mitigation plans shall be prepared. Such plans shall be prepared by a licensed landscape architect or qualified field biologist and shall be based on guidelines maintained by the planning and building director. The goal of such mitigation plan is to ensure no net loss of acreage or of functional value of riparian habitat.
(Ord. 950 § 2 (Exh. A § 18120(c)), 1998)