ORDINANCE NO. 1221
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA, STATE OF CALIFORNIA, AMENDING SECTIONS 16.04.750, 18.10.020, 18.108.010, 18.108.020, 18.108.025, 18.108.030, 18.108.040, 18.108.050, 18.108.055, AND 18.108.060, AND ADDING SECTION 18.108.110 TO THE NAPA COUNTY CODE, REVISING STREAM SETBACKS AND OTHER RELATED PROVISIONS OF THE FLOODPLAIN MANAGEMENT AND CONSERVATION REGULATIONS
The Board of Supervisors of the County of Napa, State of California, ordains as follows:
SECTION 1. Section 16.04.750 (Riparian zones-Restricted activities) of Chapter 16.04 (Floodplain management) of the County Code is hereby amended to read in full as follows:
16.04.750 [Reserved]
SECTION 2. Section 18.10.020 (Duties-Specific subjects) of the County Code is hereby amended to read in full as follows:
18.10.020 Duties - Specific subjects.
The zoning administrator shall hear and decide all applications for the following unless, in his sole discretion, he determines that the public interest would be furthered by having a particular application heard and decided by the conservation, development and planning commission:
A. Permits and modifications thereof for the following:
1. Farmworker housing as defined by Section 18.08.294 of this code,
2. [Reserved],
3. Kennels and veterinary facilities,
4. Multiple-family dwelling units,
5. Second dwelling units as part of a deep lot development,
6. Undergrounding of gas, electric, telephone, or cable television lines,
7. Noncommercial wind energy and conversion systems,
8. Child day care centers,
9. Residential care facilities (medium) and (large),
10. [Reserved],
11. [Reserved],
12. Uses within the industrial park zoning district identified in subsection (B) of Section 18.40.020 of this code,
13. Minor modifications of use permits after making the findings required by Section 18.124.130,
14. Farm labor camps as defined by Section 18.08.293 of this code,
15. [Reserved], and
16. [Reserved].
B. [Reserved];
C. Merger of substandard parcels, but only if the parcels meet the requirements set forth in Section 17.48.040;
D. [Reserved];
E. Summary reversions to acreage, but only after making the findings required by Section 17.50.070;
F. [Reserved];
G. Licenses for Category 3 temporary events as defined in Section 5.36.010 if a hearing is requested and Category 4 temporary events as defined in Section 5.36.010 if not referred to the board;
H. Certificates of present extent of legal nonconformity, in accordance with the procedure set forth in Section 18.132.050;
I. Minor amendments of tentative, parcel and final maps in accordance with the procedure set forth in Sections 17.26.030 through 17.26.050, and for this purpose the zoning administrator shall be deemed an "advisory agency" as defined in Chapter 17.02;
J. Variances, pursuant to Chapter 18.128 of this code (commencing with Section 18.128.010);
K. [Reserved];
L. Applications for extensions of the life of a tentative map;
M. Minor modifications of small winery exemption certificates and minor modifications to use permits other than very minor requests for changes as described in Section 18.124.130(C)(1)-(4), after making the findings required by Section 18.124.130;
N. Variances from the standards for mobilehome parks in accordance with Section 15.40.480, or any successor amendment thereof;
O. Exceptions in the form of a use permit to any requirements of Chapter 15.48 of the Napa County Code in accordance with the requirements set forth in Section 18.108.040; and
P. Standard stream setback exceptions in the form of a use permit under and in accordance with the provisions of subsection (B) of Section 18.108.040 (Standard Setback Exception).
SECTION 3. Section 18.108.010 (Purpose) of Chapter 18.108 (Conservation Regulations) of the County Code is amended to read in full as follows:
18.108.010 Purpose.
A. Intent. The purpose and intent of these regulations is to protect the public health, safety, and community welfare and to otherwise preserve the natural resources of the County including but not limited to its wildlife and wildlife habitat. Further, these regulations are intended to ensure the continued long-term viability of county agricultural resources by protecting county lands from excessive soil loss which if unrestricted could threaten local water quality and quantity and lead ultimately to loss of economic productivity. These regulations have been developed in general accord with the policies and principles of the general plan, as specified in the land use and open space and conservation elements.
B. Goals. It is furthermore intended that these regulations accomplish the following:
1. Encourage development that minimizes impacts on existing landforms, avoids steep slopes, preserves existing vegetation and unique geologic features and discourages development that does not minimize these impacts;
2. Minimize cut, fill, earthmoving, grading operations, and other such man-made effects on the natural terrain;
3. Minimize soil erosion caused by human modifications to the natural terrain;
4. Reduce the risk of flood damage;
5. Maintain and improve, to the extent feasible, existing water quality by regulating the quantity and quality of runoff entering local watercourses;
6. Maintain the existing diversity and quantities of wildlife through the preservation of existing riparian and other ecologically-sensitive areas and the protection of natural habitats of limited distribution;
7. Reduce sediment and nutrient delivery, moderate water temperature, maintain channel stability and complexity, protect and restore habitat and movement corridors for reptiles, amphibians, birds, and mammals, and maintain and restore a diverse plant community in existing riparian zones by regulating development near streams and rivers;
8. Restore the ecological value of existing streams while maintaining a vital, sustainable agricultural economy;
9. Provide incentives to landowners for past and planned future stream protection activities;
10. Encourage the development of plans for the comprehensive protection and restoration of habitat values in the one hundred fifty plus individual drainages present in the County; and
11. Encourage landowners to participate in stewardship programs designed to preserve and restore streams that flow through their property.
C. Relation to State Fish and Game Code. It is the intent of these regulations to further the intent and purpose of Section 1600 of the California Fish and Game Code. Compliance with these regulations is not intended to provide a defense to a charge of violating Section 5650 of the California Fish and Game Code.
SECTION 4. Section 18.108.020 (General provisions) of Chapter 18.108 (Conservation Regulations) of the County Code is amended to read in full as follows:
18.108.020 General provisions.
A. Applicability. These regulations shall apply to all zoning districts within the County of Napa and to all uses that may involve earth-disturbing activity permitted in such districts, with or without a use permit, except as may be specifically exempted under Section 18.108.050 (Exemptions) of this chapter. They shall furthermore apply to all public and governmental projects undertaken within the unincorporated portions of Napa County unless specifically exempted under Section 18.108.050. In the event of a conflict between these regulations and those elsewhere in this code, the regulations in this chapter shall prevail except where larger stream setbacks are required under Section 13.28.040 (Clearance From Other Facilities) or where specifically noted otherwise in this Chapter.
B. Relationship to the review of tentative parcel maps and subdivision maps. To the greatest extent feasible, no tentative map, parcel map, or final map shall be approved which will create lots which would necessitate approval of exceptions to these regulations pursuant to Section 18.108.040. Where a division of land would require an exception to these regulations, precise building envelopes shall be specified on the tentative maps, parcel maps and final maps to ensure that the maximum feasible conformance with this chapter can be attained and maintained over time.
SECTION 5. Section 18.108.025 (General provisions-Intermittent/perennial streams) of Chapter 18.108 (Conservation Regulations) of the County Code is amended to read in full as follows:
18.108.025 General provisions - Stream setbacks.
A. Applicability. The provisions of this section shall apply to all watercourses defined as streams by this Chapter. The final determination as to whether a watercourse is a major watercourse, a stream, and its classification shall rest with the director and shall be based on the stream class maps maintained by the county (if applicable), on-site habitat conditions, a report prepared by a qualified professional and submitted by the applicant, and/or such other ecological information as the director deems relevant.
B. Standard setbacks. Except for residential development projects, the following stream setbacks shall be maintained from the top of the bank of each class of stream unless an exception is granted pursuant to subsections (B) or (C) of Section 18.108.040.
1. Class I streams: 100 feet where avg stream-side slopes <40%
105 feet where avg stream-side slopes 41-50%
125 feet where avg stream-side slopes 51-60%
150 feet where avg stream-side slopes >60%
2. Class II streams: 75 feet where avg stream-side slopes <30%
85 feet where avg stream-side slopes 30-40%
105 feet where avg stream-side slopes 41-50%
125 feet where avg stream-side slopes 51-60%
150 feet where avg stream-side slopes >60%
3. Class III streams: 25 feet
4. Class IV streams: 0 feet
In no case shall the width of the stream setback maintained be less than the woody vegetation outboard dripline. The activities and uses allowed within the stream setback are specified in subsection (F) of this Section.
C. Residential setbacks and other requirements. Instead of the standard setbacks specified in subsection (B) of this Section, the following setbacks and related rules shall apply to residential development:
1. Setbacks: Stream setbacks from the top of the bank of each major watercourse shall be maintained as follows for residences and related residential improvements other than access roads unless an exception is granted pursuant to subsection (B) of Section 18.108.040:
Class I & II streams: 35 feet where avg streamside slopes <1%
45 feet where avg streamside slopes 1-5%
55 feet where avg streamside slopes 6-15%
65 feet where avg streamside slopes 16-29%
85 feet where avg stream-side slopes 30-40%
105 feet where avg stream-side slopes 41-50%
125 feet where avg stream-side slopes 51-60%
150 feet where avg stream-side slopes >60%
Class III streams: 0 feet
Class IV streams: 0 feet
2. Vegetation removal: Vegetation removal within 50 feet of the top of the bank along the streams listed in Section 16.04.510 (Special flood hazard areas--Jurisdictional limits) and the Napa River upstream of Zinfandel Lane or 100 feet of the top of the bank of the Napa River downstream of Zinfandel Lane shall be restricted to:
a. One native tree 18 inches or more diameter breast height (DBH) per 100 linear feet of bank, or
b. Three native trees 12 to 17 inches DBH per 100 linear feet of bank, or
c. Six native trees 6 to 11 inches DBH per 100 linear feet of bank, or
d. Five hundred square feet of riparian cover beyond 10 feet from the top of the bank.
In addition, a strip of riparian cover not more than 15 feet wide and located more than 10 feet from the top of the bank may be temporarily removed, where replanting of said strip is part of the approved project.
3. Cut and fill slope reseeding and stabilization: All cut or fill slopes created within the following distances of the top of the bank of the major watercourses cited below shall be protected by slope reseeding and bank stabilization replanting prior to completion or commencement of use of the approved project:
Napa River Mainstem
downstream of Zinfandel Lane: 100 feet
Napa River Mainstem
upstream of Zinfandel Lane: 50 feet
Listed Watercourses (see Section 16.04.510
(Special flood hazard areas-Jurisdictional limits)): 50 feet
D. Other special setbacks. Special setbacks applicable to specific stream situations are listed below:
1. Class I and II streams with well-developed riparian galleries or an approved restoration plan. Where average stream-side slopes are less than thirty percent and a well-developed riparian gallery of at least 75 feet (Class I) or 50 feet (Class II) currently exists, or a habitat restoration plan for such a gallery has been deemed acceptable by the director, the minimum stream setbacks for Class I and II streams shall be as follows:
a. Napa River mainstem
downstream of Kimball Reservoir: 100 feet
b. Other Class I streams: 75 feet
c. Class II streams: 50 feet
The initial implementation phases of any accepted habitat restoration plan (initial invasive vegetation removal, any channel sculpting work required, and initial plantings) shall be completed before occupancy or use of the facility (ies) involved begins. The director's determination as to the acceptability of a habitat restoration plan shall be final. This determination shall be based on a set of objective criteria describing a well-developed riparian gallery, comments received from the State Department of Fish and Game, and such other information as the director deems relevant.
Notwithstanding subsection (D)(1) of this Section, in no case shall the width of the stream setback be less than the woody vegetation outboard dripline..
2. Class III streams without aquatic or riparian vegetation. Stream setbacks for those portions of Class III streams that are without aquatic or riparian vegetation at the time of application and were without such vegetation prior to June 16, 1993 shall be as specified under subsections (B) or (C) of this Section, or, upon the property owner's request, such a lesser setback as the director deems adequate. The director's determination regarding what is an adequate setback shall be based on a report prepared by a qualified professional and submitted by the applicant which indicates the setback needed to keep the amount of sediment and nutrients delivered to the channel equal to or below pre-project levels.
Stream setbacks for those portions of the riparian corridor along Class III streams that have been denuded of vegetation since June 16, 1993, shall be as specified under subsections (B) or (C) of this Section.
3. Class I, II, & III streams with modified channels. Stream setbacks for those portions of drainageways that have been previously culverted, re-aligned, or partially to completely channelized shall be as specified for the natural watercourse that was replaced (see subsections (B), (C), (D) (1), and (D) (2) of this Section) or, upon the property owner's request, such lesser setback as the director deems adequate. For a drainageway modified after June 16, 1993 such a request shall only be approved if evidence is submitted to the director that all necessary local, state, and federal permits and/or approvals needed for the work at the time the channel was modified were obtained. The director's determination as to what is an adequate setback shall be based on:
a. reports prepared by qualified professionals and submitted by the applicant which specifies the setback needed to restore the biologic function of the reach of stream involved and to provide post-project sediment and nutrient filtering that is at least as great as that which would be provided by the setback specified under subsections (B) or (C)(1) of this Section; and/or
b. such other information as the director deems relevant.
In no case shall the setback approved for a Class I or II stream be less than 50 feet.
Any request for a reduced stream setback shall be accompanied by a plan acceptable to the director to re-vegetate with native and naturalized species the stream setback approved and where possible restore the channel to a more natural configuration. Said plan shall be prepared by a qualified professional and submitted by the applicant. Any approval of a reduced setback under this subsection shall be conditioned on implementation of said plan.
E. Setback measurement. The stream setbacks established in this chapter shall be measured perpendicular to the flowline and horizontally from the top of the bank on both sides of the stream as said bank exists at the time of application.
F. Uses allowed within required stream setbacks. Except as provided in Section 18.108.050 (Exemptions) only the following uses shall be allowed within the required stream setbacks:
1. Use and maintenance of existing roads, trails, access paths, and crossings;
2. Operation, maintenance, improvement, and rebuilding in the same footprint of existing, legally-established structures, related improvements, landscaped areas , gardens, vineyards, and other agricultural activities;
3. Removal of structures and other improvements, landscaped areas, gardens, vineyards, and other agricultural uses;
4. Maintenance/replacement of water storage and provision facilities, including pumps, that are necessary for agricultural and domestic purposes;
5. Installation of new water intakes and related pumps and pipelines;
6. Maintenance of existing flood control projects and activities required under the provisions of Chapter 16.04 (Floodplain Management);
7. Vegetation and pest management authorized by the Agricultural Commissioner of Napa County and by the California Department of Fish and Game, if required;
8. Trimming of trees and other vegetation for disease control when approved by the director;
9. Stream restoration activities pursuant to a habitat restoration plan approved by the director and the California Department of Fish and Game, if required; and
10. Other uses found similar to the foregoing by the director.
G. Revegetation within required setbacks. Revegetation of portions of the stream setbacks to restore areas where vegetation has been removed as a result of existing or past land use activities may be required by the director as a part of an erosion control plan. The extent of revegetation shall be based on field review, consultation with the Napa County Resource Conservation District (RCD) and the State Department of Fish and Game, and a determination of what would be necessary to enhance water quality and minimize sedimentation in the effected stream.
H. Education. Any property owner or agent who engages in or any person who is involved in a supervisory capacity in the design, construction, or operation of a project involving earth-disturbing activities within 150 feet of a Class I or II stream or within 25 feet of a Class III stream shall within 2 years prior to engaging in such activities first take and successfully complete a County-approved watershed protection course. Proof of successful completion in the form of a dated certificate of completion shall be filed with the director before any work is commenced. The contents and duration of said course, which shall teach the basics of watershed management and successful techniques for maintaining and enhancing the ecological function of the streams present, shall be established by the director upon recommendation of the Napa County Conservancy-Watershed Information Center Board and in cooperation with the Napa Co. Resource Conservation District and the State Department of Fish and Game.
SECTION 6. Section 18.108.030 (Definitions) of Chapter 18.108 (Conservation Regulations) of the County Code is amended to read in full as follows:
18.108.030 Definitions.
The following terms shall, for purposes of this chapter, be defined as follows:
"Actively farmed" means used, or maintained so as to be able to be used, to produce a commercial crop.
"Agent" means one who, by mutual consent, acts for the benefit of another, or who is authorized by a party to act on that party's behalf.
"Agricultural replant" means vine, tree, or row crop removal, ripping, recontouring or grading, installation of erosion control measures, and the replanting of vines, orchard trees, or other permanent crops in areas actively farmed as vineyard, orchard, or row crop no more than six years prior to submittal to the director of a vineyard replant plot plan, program, or erosion control plan, as appropriate.
"Decorative landscaping" means plants and materials typically used in landscaping. Decorative landscaping does not include vines, trees, or other plants that are typically used to produce a commercial crop when arranged in typical crop-producing patterns or when a commercial crop is to be harvested therefrom.
"Director" means the Director of the Napa County Conservation Development and Planning Department t or his designee.
"Earth-disturbing activity" means any activity that involves vegetation clearing, grading, excavation, drilling, compaction of the soil, the creation of fills or embankments to prepare a site for the construction of roads, structures, landscaping, new planting, and/or other improvements. It also means excavations, fills, or grading which in and of themselves constitute engineered works or improvements.
"Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services including, but not limited to, fire, flood, earthquake, landslide, or other rapid soil or geologic movements, civil disturbance, accident, or sabotage.
"Environmental resource of critical or hazardous concern" means those active fault zones, landslide areas, severe settlement-prone areas, liquefaction-prone areas, floodways, culturally-sensitive areas, biologically-critical areas other than stream buffers, special status species sites and habitat areas, habitats of limited distribution, scientific/educational/recreational resource sites, hazardous material contaminated sites, extended clear zones for heliports and airports, or other environmental resources delineated on the Napa County Environmental Resource Maps.
"Erosion" means the wearing away of the ground's surface as a result of the movement of wind or water.
"Erosion hazard area" means those areas having slopes over five percent as determined using the methodology specified in Resolution No. 94-19.
"Grading" means any stripping, cutting, filling, contouring, recontouring, or stockpiling of earth or land, including the land in its cut or fill condition.
"Gully" means an unstable erosional channel formed in recent times when human actions or natural catastrophes (such as artificial diversions, overgrazing, or wildfires) have increased runoff to, disturbed the soil structure in, or removed protective vegetation from a flowpath.
"Habitat of limited distribution" means on a countywide basis a vegetation type that covers less than two percent of any of the four main watersheds in Napa County (i.e., the Napa River, Putah Creek, Suisun Marsh, or Sonoma Creek Watersheds). On a local-basis it means a habitat that covers less than one percent of the specific drainage involved as said drainage is defined on the most current Napa County drainages map maintained by the director.
"Habitat restoration plan" means a plan prepared by a qualified professional and submitted by the applicant for the establishment of a well-developed riparian gallery along a stream and, where appropriate, a more natural stream channel. This plan includes at a minimum planting, monitoring, and adaptive management components.
"Hazardous situation" means a situation in which there is an immediate, clear and present danger to life, property, or the environment.
"Hydrophilic vegetation" means vegetation that grows in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (i.e., plants typically found in wet habitats).
"Impervious cover" means a surface composed of a material such as asphalt, concrete, etc. that significantly impedes or prevents the natural infiltration of water into the soil (e.g., houses, roads, parking lots, turnarounds, sidewalks, concrete paths, etc.).
"Improvement" means any item, structure, object, and/or feature for human use and enjoyment placed above, on, or below the surface of the land. It is does not include caves but does include cave portals.
"Land clearing" means the removal by any method of tree canopy, understory, or herbaceous vegetation down to bare soil.
"Landscape structure" means an improvement associated with decorative landscaping that does not require issuance of any permit by the County.
"Landscaped area" means an irrigated area planted with decorative landscaping. Adjoining natural areas are not landscaped areas for purposes of this Chapter.
"Major watercourse" means:
1. A watercourse designated by a solid line or dash and three dots symbol on the largest scale of the most recently published United States Geological Survey maps, or any replacement to that symbol; or
2. Any watercourse which has a well-defined channel with a depth greater than four feet and banks steeper than 3:1 that contains hydrophilic vegetation, riparian vegetation, or woody vegetation including tree species greater than 10 feet in height; or
3. One of the watercourses listed in Resolution No. 91-61.
"More natural levels" means those levels experienced before extensive disturbance of the involved drainage through grazing and later timbering, farming, and development.
"Peak flows" means the maximum runoff into or flow of a stream in response to a storm event.
"Pervious cover" means a surface composed of a material such as gravel, dirt, turf block, grass, etc. that does not significantly impede or prevent the natural infiltration of water into the soil.
"Qualified professional" means a person with the education, training, licensing, certifications, and experience determined by the director as needed to provide the technical information specified. The director's determination as to whether a given firm or individual is a qualified professional as the term is used in this Chapter shall be final.
"Related improvement" includes but is not limited to, trails, roads, driveways, parking spaces, turnarounds, outdoor work and/or storage areas, pathways, sidewalks, gardens, landscaping, landscape structures, decks, pools, sewage and wastewater disposal systems, wells, water tanks, utility lines both above and underground, power lines, propane tanks, generators, and cave portals. Related improvements do not include storm drainage lines larger than 2 inches in diameter.
"Resolution No. 94-19" means that resolution duly adopted by the Napa County Board of Supervisors (Board) on March 1, 1994 or a subsequent resolution the Board may adopts specifying standard methods for determining slope, contents of erosion control plans, sensitive watercourses, standard erosion and sediment control specifications, and contents of vineyard replanting programs.
"Riparian vegetation" means vegetation commonly and typically, but not always, occurring adjacent to or within streams and watercourses or along their banks including, but not limited to, such plants as willows, cottonwoods, and their associated understory vegetation.
"Road maintenance" means resurfacing, filling potholes, grading to remove ruts, removing or installing waterbars, cleaning inside ditches and culvert inlets, replacing those culverts through which streams do not flow, and other activities determined by the director as similar to the foregoing. Road maintenance does not include sidecasting of spoils materials, widening an existing developed roadbed including shoulders, or changing the road alignment. Old, overgrown, abandoned roads and farm tracks are not considered existing roads. The final determination as to whether a feature is an existing road and its characteristics shall rest with the director.
"Sensitive trees" means blue oaks larger than 4 inches diameter breast height (DBH) and black, canyon live, coast live, interior live, valley, and Oregon oaks larger than 6 inches DBH.
"Slope" means the inclination of the terrain calculated in accordance with the methodology set forth in Resolution No. 94-19, which is incorporated herein by reference.
"Small lot subdivision" means one of the following subdivisions of record which were authorized by a final map approved and recorded by the County: Circle Oaks, Unit #1, R.M. Book 7, page 60; Berryessa Highlands, Unit #1, R.M. Book 8, pages 11-19, excluding Parcels A-D; Berryessa Highlands Unit #2, R.M. Book 9, pages 34-47, excluding Parcels A-F; Berryessa Estates, Unit #2, R.M. Book 8, pages 28-34, excluding Parcel A and Lot 281; Spanish Flat Woodlands, Unit #1, R.M. Book 7, page 89, excluding Lot 26; Berryessa Park Subdivision Unit #1 (Berryessa Pines), R.M. Book 6, page 100; Ingersoll's Cabin Sites, R.M. Book 4, page 26; Ingersoll's Riverfront Sites, R.M. Book 4, page 61; Edgerly Island River Lots 1-25 Block 1, R.M. Book 5, page 26; Edgerly Island River Lots 1-25 Block 2, R.M. Book 5, pages 26 & 27; Edgerly Island River Lots 1-29 Block 3, R.M. Book 5, page 27; Edgerly Island River Lots 1-24 Block 4, R.M. Book 5, pages 27 & 28; Edgerly Island River Lots 1-9 Block 5, R.M. Book 5, page 28, excluding Lot 9; Madrone Knoll-Unit 1, R.M. Book 7, page 76 excluding Lots 1-4; or such other recorded and duly approved subdivision within which ninety percent of the lots are smaller than a half-acre in size.
"Special-status habitat" is the environment that supports a special-status plant or animal species.
"Special-status species" means those species, sub-species, and/or varieties that are listed or designated as rare, threatened, endangered, candidate, or of special concern by the California Department of Fish and Game, U.S. Fish and Wildlife Service, and/or National Marine Fisheries Service plus those species, sub-species, and/or varieties that satisfy the criteria specified in Section 15380 of the State CEQA Guidelines.
"Spring" means any natural source of upwelling groundwater that is hydrologically connected via surface flow in years with above-average annual rainfall to a Class I, another Class II, or a Class III stream.
"Standard measures plan" means a grading plan or, if a grading plan is not otherwise required, a plot plan containing the information and prepared in conformance with the erosion and sediment control specifications prescribed in Resolution No. 94-19.
"Stream" means any of the following:
Class I stream - A perennial, seasonal, or intermittent watercourse in which, in a year with average rainfall, fish are always or seasonally present onsite or habitat to sustain fish migration or spawning exists.
Class II stream - A perennial, seasonal, or intermittent watercourse or a spring in which, in a year with average rainfall, habitat for aquatic non-fish vertebrates and/or aquatic, benthic macro-invertebrates exists. In no case shall a Class II reach be downstream from a Class I reach.
Class IIIstream - An intermittent or ephemeral watercourse having a defined channel with a defined top of bank (slope break) and a width to depth ratio of 5:1 or less showing evidence of annual scour and sediment transport. In no case shall a Class III reach be downstream from a Class I or II reach.
Class IV stream - Entirely man-made watercourses such as roadside ditches, agricultural drainage ditches, and canals. Natural drainages that have been modified or realigned and agricultural drainage ditches created prior to June 16, 1993 that provide habitat to sustain anadromous fish migration are not considered Class IV streams. They retain their original classification or in the case of an agricultural drainage ditch that sustains anadromous fish migration a modified Class I classification.
Erosion gullies and ravines being repaired with the technical assistance and/or under the direction of the Napa County Resource Conservation District/National Resource Conservation Service, 'scour-holes', and other non-linear features are not considered streams.
"Structure" means anything that is built or constructed, or any piece of work artificially built up or composed of parts joined in some definite manner whether installed on, above, or below the surface of the land.
"Top of bank" means the top of the highest natural bank outboard from the center of the channel that constrains flood flows; or if natural bank or a well-defined top of bank does not exist, the high water mark in a ten-year storm
"Vegetation clearing" means the cutting down, pulling up, or removal of an area of trees or brush. Outside the stream setbacks, removal of trees or brush does not constitute vegetation clearing so long as no more than 750 sq. ft. of woody vegetation canopy cover in total is removed from the parcel involved within any ten-year period.
"Vegetation-understory" means shrub or brush vegetation within a natural stand of vegetation that commonly grows to a height below established tree levels. Understory vegetation also includes associated annual and perennial herbaceous vegetation.
"Water-dependent facilities" means structures and other improvements, such as docks, barge loading facilities, etc that by their very nature must be located on a stream bank within the stream setback.
"Watershed conservation plan" means a drainage-wide plan developed by private citizens or entities and adopted by the County for the preservation and restoration of the natural environment within one of the drainages delineated on the Napa County drainages map maintained by the director.
"Well-developed riparian gallery" means a densely vegetated corridor with a diversity of native riparian trees, shrubs and forbs, structural complexity, canopy closure, evidence of natural vegetation recruitment, and a lack of invasive species. For a riparian gallery to be considered "well developed" it must meet a specific set of criteria established by the director with regards to the factors listed above.
"Woody vegetation canopy cover" means the collective ground coverage of a grouping of trees and other woody plants or the cover of a single tree when viewed from above.
"Woody vegetation outboard dripline" means the furthermost outer edge of the dripline of the riparian woody vegetation canopy cover along a stream as determined by the director from:
1. the USDA aerial photographs flown on June 16, 1993 (Rolls 6358-6361);
2. a field inspection conducted by the director; and
3. any such other information as the director deems relevant.
When the outboard dripline as determined by aerial photos extends further from the stream than the dripline determined by field inspection, the dripline used for purposes of this definition shall be that determined by the aerial photos unless the applicant demonstrates that the dripline retreat noted is the result of natural processes, vandalism, or the actions of a prior property owner that were not undertaken for the purpose of selling the property.
SECTION 7. Section 18.108.040 (Exceptions) of Chapter 18.108 (Conservation Regulations) of the County Code is amended to read in full as follows:
18.108.040 Exceptions.
Upon application by the landowner or leaseholder of a site, an exception in the form of a use permit may be granted to the slope restrictions (subsection (A) of Section 18.108.060) and to the setback requirements (Section 18.108.025) of this chapter.
A. Slope exception. An exception to subsection (A) of Section 18.108.060 (Uses Prohibited Without an Exemption or an Exception) allowing earth-disturbing activities and development on slopes of thirty to fifty percent may be granted if, after a public hearing noticed pursuant to Chapter 18.124 (Use Permits), the commission finds that all of the following are true:
1. For all earth-disturbing projects:
a. An erosion control plan prepared in accordance with County standards has been submitted by the applicant, reviewed by the director, and modified as directed;
b. Excessive grading will be avoided and removal of existing vegetation will be minimized to the greatest extent practical;
c. All roads, driveways, buildings and other improvements proposed have been designed and sited to complement the natural landform;
d. Adequate fire safety measures have been incorporated into the proposed project design;
e. The stream setbacks required by this Chapter will be maintained; and
f. The populations and habitats of special status plant or animal species will not be adversely effected nor will any habitats of limited distribution be substantially reduced either on a local or County-wide basis.
2. For structural projects (additional findings):
Along with the findings required for all earth-disturbing projects under subsection (A)(1) of this Section, the commission must also find that:
a. Proposed primary and accessory structures will employ architectural and design elements, such as the following, which in total serve to reduce the amount of grading and earth-disturbing activity required for the project:
i. Multiple-floor levels which follow existing, natural slopes; and
ii. Foundation types such as poles, piles, or stepping levels that minimize cut and fill and the need for retaining walls;
b. Fence lines, walls, and other features will blend with the existing terrain rather than striking off at an angle against it; and
c. Existing vegetation has been incorporated into the final design plan and replacement vegetation of appropriate size, quality, and quantity to mitigate potential adverse environmental effects will be planted and maintained.
3. For agricultural and mass grading projects (additional findings):
Along with the findings required for all earth-disturbing projects under subsection (A)(1) of this Section, the commission must also find that the erosion rate that is projected to result two years after completion of the proposed work does not exceed the soil loss tolerance factor specified by the U.S. Natural Resource Conservation Service for the soil type(s) found in the project area.
B. Standard setback exception. An exception to subsections (B), (C) and (D) of Section 18.108.025 allowing earth-disturbing activities within the standard setbacks may be granted for Class I and II streams if, after a public hearing noticed pursuant to Chapter 18.124 (Use Permits), the zoning administrator finds that all of the following are true:
1. For all earth-disturbing projects:
a. An erosion control or standard measures plan for the portion of the project for which an exception is requested has been prepared in accordance with County standards, reviewed by the director, and modified as directed;
b. The reduced setback requested maintains to the greatest extent feasible the width of the setback and except for water-dependent facilities, any existing roads being widened or slightly realigned, and new drainage facilities running roughly perpendicular to the channel, are at least:
i. 100 feet wide for the Napa River mainstem downstream of Kimball Reservoir, or
ii. 50 feet wide for all other Class I streams and all Class II streams, or
iii. 0 feet wide for all culverted or covered streams when such culverting or covering was done as part of a County approved erosion control plan, or under a state streambed alteration permit or similar approval.
Upon a showing that there is no other reasonable alternative, the width of the setback for water-dependent facilities, any existing roads being widened or slightly re-aligned, and new drainage facilities running roughly perpendicular to the channel may be reduced to zero feet so long as an area of stream setback elsewhere in the vicinity equivalent in size to that disturbed under the subject permit and acceptable to the zoning administrator is restored and/or enhanced in a manner acceptable to him. If there is no restoration/enhancement area locally available, payment of a restoration/enhancement fee in an amount established by a resolution of the Board may substitute for this requirement.
c. A qualified professional has demonstrated that the narrower setback requested would:
i. not adversely effect existing biological values such as shade provision, water temperature maintenance, nutrient filtering, and except in the case of water-dependent facilities wildlife movement corridors, unimpeded fish movement, and wildlife habitat; and
ii. maintain opportunities for restoration and enhancement, if the area lends itself to restoration or enhancement (i.e., is contiguous to other habitat, able to sustain riparian area, etc);
d. A plan for restoration or enhancement of any narrower setback that is capable of being restored or enhanced has been prepared by a qualified professional, submitted to and approved by the director, and committed to by the applicant;
e. A qualified professional has demonstrated that the narrower setback requested would not cause greater sediment delivery rates to the waterway involved of (i) coarse materials, and (ii) fine silts and clays than the delivery rates expected with the setback specified in Section 18.108.025;
f. A qualified professional has demonstrated that the narrower setback requested would not cause an increase in peak flows in the (i) two-year storm and (ii) ten-year storm into the waterway involved that is greater than those expected with the setback specified in Section 18.108.025;
g. The woody vegetation outboard dripline lies within the setback requested;
h. No special status plant or wildlife species, the habitats thereof, sensitive trees, or habitats of limited distribution are present within that portion of the setback area proposed to be disturbed; and
i. A significant effect on the environment, as defined in the State CEQA Guidelines, would not result post-mitigation.
The commission shall hear any appeal filed to an action taken by the zoning administrator under this Section.
C. Special setback exception-takings. A limited exception to Section 18.108.025 (General Provisions-Stream setbacks) allowing the minimum setback reduction necessary to avoid a taking may be granted by the director if he finds, based on credible evidence, that compliance with the standard setbacks would deprive the owner of all economically viable use of the subject parcel (or whatever the current legal standard for a taking is).
SECTION 8. Section 18.108.050 (Exemptions) of Chapter 18.108 (Conservation Regulations) of the County Code is amended to read in full as follows:
18.108.050 Exemptions.
A. Exempt from all provisions of this chapter. This chapter shall not apply to earth-disturbing activities associated with the following projects which the Board hereby finds have limited potential to significantly alter the present environment; are preempted by state law; or are publicly-supervised projects necessary for protection of the immediate health and safety of County residents:
1. Road Maintenance. Road maintenance of public roads, private roads, and driveways.
2. Public Facility Maintenance. Maintenance of public facilities other than roads, including flood control facilities, required by and completed under the direction of any public agency.
3. Water Storage Facility Repair. Repair and maintenance of existing water storage facilities when no permit is required from any federal, state or local agency.
4. City Projects. Activities carried out by a city in the unincorporated portions of the County on city-owned property exempt from the zoning regulations of the County.
5. Other Public Projects. Activities carried out by a local, state, or federal agency over which the County has no jurisdiction or is not a participant in.
6. Clear Zone Maintenance/Creation. Annual maintenance and creation of "clear" zones around structures as required by the California Department of Forestry (CDF).
7. Other State or Federally Regulated Activities. Activities carried out pursuant to a permit other than a timberland conversion permit or a notice of less than 3-acre timberland conversion exemption (or similar exemption) issued by a state or federal agency in compliance with applicable provisions of state or federal laws or regulations when adequate erosion control measures, as determined by the director, have been incorporated as part of the project. This exemption only applies to those portions of the project specifically authorized by the state or federal permit. Components or parts of the project not specifically authorized by a state or federal permit remain subject to the provisions of this chapter.
8. Habitat Preservation/Enhancement. Construction activities undertaken by or under the auspices of a federal, state, or local agency to preserve, enhance, or restore natural habitats and/or protect stream channels.
9. Mine Development and Operation. Mining and mining-related activities conducted pursuant to and in compliance with an approved surface mining and reclamation permit issued in compliance with Chapter 16.12 (Surface Mining and Reclamation) of this code.
10. Final Map/Development Agreement Authorized Work. Earth-disturbing activity and construction of improvements authorized by a final map or development agreement approved and recorded by the County on or before May 8, 2003.
11. Pre-1991 Use-Permit Authorized Work. Earth-disturbing activities and construction of improvements for projects specifically authorized by a use permit or small winery use permit exemption issued by the County prior to July 25, 1991, provided that this exemption only applies to those areas for which an approved erosion control plan is on file with the County or erosion control measures were included in the use permit. This exemption affects only those areas identified in the approved plan or permit.
12. Ongoing Projects. Completion of an agricultural or other earth- disturbing project in conformance with an erosion control plan approved under and consistent with a prior version of this chapter and "used" pursuant to Section 18.124.080 of this code.
13. Ongoing Agricultural Operations. Continuance of normal ongoing agricultural activities including maintenance of existing roads and existing erosion and sediment control devices; and the carrying out of activities such as disking, spraying, fertilizer application, shallow ripping for root stimulation, trellising, irrigation line installation, fence installation, and minor trenching for repair work.
14. Public Nuisance Abatement. Abatement of a public nuisance as determined by the director or a court of competent jurisdiction in accordance with recommendations, and under the advisory supervision of, the Napa County Resource Conservation District/U.S. Natural Resources Conservation Service and, where appropriate, the State Department of Fish and Game.
15. Emergency Repairs. Activities undertaken by a public agency or private individual as a result of an emergency , to prevent or mitigate loss of, or damage to life, health, property, or essential public services. This Section shall be construed narrowly so as to cover only the minimum actions necessary as determined by the director to alleviate the immediate threat.
B. Conditionally exempt from all provisions of this chapter. This chapter shall not apply to earth-disturbing activities associated with the following projects so long as the project meets the standards specified in this subsection:
1. Minor projects. Construction of new, non-residential structures and installation of related non-residential improvements involving the cumulative disturbance over a ten-year period of less than 750 sq. ft. of the ground's surface when:
a. the project is not located within the channel of a stream or in a flow path;
b. the project will not create concentrated flows;
c. the project will not involve the removal of any riparian vegetation or substantially restrict wildlife movement along a riparian corridor;
d. the project will not adversely affect or be adversely effected by an environmental resource of critical or hazardous concern; and
e. a standard measures plan has been prepared, accepted by the director, and committed to by the applicant.
2. Repair/replacement sewage disposal system installation and hazardous material contamination cleanup. Repair or construction of a new sewage disposal system, wastewater treatment system, or other facility necessary for the protection of public health to correct an existing public health problem; replacement of a sewage or wastewater disposal system in order to prevent a future potential public health problem; installation and operation of "monitoring wells," "extraction wells," "vapor extractions wells," and "exploratory borings" as these terms are defined in Chapter 13.12 (Wells) as part of the investigation and/or cleanup of a site contaminated with hazardous materials; or abandonment of wells when:
a. the purpose of the work is to correct non-compliance with federal, state or local standards;
b. the proposed project has been reviewed and approved by the County Department of Environmental Management;
c. for sewage disposal/wastewater treatment systems there is only a negligible or no expansion of the treatment capacity of the system involved beyond that required by the Code to serve existing facilities;
d. the disturbed areas will be re-vegetated or otherwise treated for erosion control; and
e. to the greatest extent feasible the stream setbacks specified in subsections (B), (C) and (D) of Section 18.108.025 will be met and a plot plan demonstrating same has been submitted to the director.
3. Timber harvesting. Timber harvesting activities specifically authorized by a state timber harvesting permit when:
a. erosion control measures have been included as necessary as part of the project; and
b. a state timberland conversion permit is not a part of or included as a component of said permit.
4. Agricultural replants. Agricultural replants when:
a. the area to be replanted is smaller than one acre;
b. the footprint of the area farmed remains the same or is smaller; and
c. a plot plan has been submitted to the director that demonstrates compliance with the standards referenced in subsections (B)(4)(a) and (b) of this Section.
5. Airport Industrial Specific Plan Area development. Earth-disturbing activities and construction of improvements in the Airport Industrial Specific Plan Area when:
a. erosion control measures are included as a part of the approved project; and
b. the stream setbacks specified in the adopted specific plan are met.
6. Water-dependent industrial facility expansion and development. Earth-disturbing activities and the related construction of water-dependent industrial facilities along the Napa River at or downstream of Asylum Slough when:
a. erosion control measures have, where necessary, been included as a part of the project;
b. a use permit which includes provisions, as necessary, for the protection and enhancement of the function of the river, has been obtained under Chapter 18.124 of this Code; and
c. state and/or federal permits involving the protection of the aquatic and riparian resources on-site have been obtained and submitted to the director.
C.Conditionally exempt from the plan preparation and slope provisions of this chapter. Sections 18.108.060 (Slope regulations-Prohibited uses) and 18.108.070 (Erosion hazard areas-Use requirements) shall not apply to earth-disturbing activities associated with the following types of projects when they meet the conditions specified thereunder. These projects, however, are NOT exempt from the other requirements of this chapter including, but not limited to compliance with, stream setbacks.
1. Addition construction. Construction of an addition to an existing single family residence or other structure allowed without a use permit when:
a. the proposed addition is attached to the existing building;
b. the footprint of the addition(s) does not on a cumulative basis exceed the footprint as of June 18, 2002 of the existing building to which it is attached or 2,500 sq. ft., whichever is less;
c. no earth-disturbing activities are required with the exception of those necessary to install a foundation system;
d. the project will not adversely affect or be adversely effected by an environmental resource of critical or hazardous concern;
e. a standard measures plan has been prepared, accepted by the director, and will be implemented; and
f. a plot plan demonstrating compliance with the stream setbacks specified in subsections (B), (C) and (D) of Section 18.108.025 has been submitted to the director.
2. Decorative landscaping maintenance/planting. Maintenance or planting of decorative landscaping and/or construction of landscape structures in association with an existing or approved residential or other structure when:
a. the clearing and/or grading does not involve more than one acre cumulatively;
b. the slope of the area disturbed is less than thirty percent;
c. the clearing and/or grading does not involve removal of any living tree from a ridge line or hilltop visible from any public roadway unless such tree is replaced in a manner approved by the director;
d. the project will not adversely affect or be adversely effected by an environmental resource of critical or hazardous concern;
e. temporary erosion control measures as outlined under a standard measures plan accepted by the director are installed by October 15th if planting and/or other landscaping activities continue beyond October 15th; and
f. a plot plan demonstrating compliance with the stream setbacks specified in subsections (B), (C) and (D) of Section 18.108.025 has been submitted to the director.
3. Site testing for sewage disposal systems. Preliminary testing to determine site suitability for a sewage disposal system when:
a. the proposed project has been reviewed and approved by the County Department of Environmental Management;
b. the slope of the area disturbed is less than thirty percent;
c. no construction of roads for access to the parcel or testing sites is involved;
d. the project will not adversely affect or be adversely effected by an environmental resource of critical or hazardous concern;
e. the areas disturbed will be re-seeded with an erosion control plant mix prior to the first winter rains; and
f. a plot plan demonstrating compliance with all stream setbacks specified in subsections (B), (C) and (D) of Section 18.108.025 has been submitted to the director.
4. Well and water tank installation. Installation or maintenance of a well or the construction or repair of a water tank when:
a. the proposal has been reviewed and approved by the County Department of Environmental Management;
b. the slope of the area disturbed is less than thirty percent;
c. the construction of a roadway is not necessary;
d. the project will not adversely affect or be adversely effected by an environmental resource of critical or hazardous concern;
e. for water tank installation a standard measures plan has been prepared, accepted by the director and will be implemented; and
f. a plot plan demonstrating compliance with the stream setbacks specified in subsections (B), (C) and (D) of Section 18.108.025 has been submitted to the director.
D. Exempt from the permit provisions of this chapter. The provisions of this chapter that require submission of a standard measures or erosion control plan to the director for approval or to obtain a variance or a use permit for a slope or stream setback exemption shall not apply to earth-disturbing activities associated with the following types of projects. These projects, however, are NOT exempt from the other requirements of this chapter including the requirement to meet the performance standards and criteria specified in this Chapter.
1. County Construction Projects. Activities carried out by the County or the Napa County Flood Control and Water Conservation District when a standard measures plan, erosion control plan, or their functional equivalent has been prepared in consultation with the director for the specific project involved or in the case of minor road or channel work when a program of best management practices approved by the director has been implemented for the type of project being undertaken.
2. Other public construction projects. Activities carried out by a local, state, or federal agency over which the County has some jurisdiction or is a participant in, when a standard measures plan, erosion control plan, or their functional equivalent has been prepared in consultation with the director for the specific project involved or in the case of minor road or channel work when a program of best management practices approved by the director has been implemented for the type of project being undertaken.
E. Exempt from the slope provisions of this chapter. Section 18.108.060 (Slope regulations-Prohibited uses) shall not apply to earth-disturbing activities associated with the following types of projects when they meet the conditions specified in subsection (E) of this Section. These projects, however, are NOT exempt from the other requirements of this chapter including the requirement for preparation and approval of erosion control plans, standard measure plans, or vineyard replanting programs.
1. Residential construction in small-lot subdivisions. Construction or remodeling of a single-family residence, accessory structures, and related improvements on a lot within a small lot subdivision.
2. Agricultural replants. Agricultural replants when:
a. the footprint of the area farmed remains the same or is smaller;
b. any re-contouring or re-engineering of existing terraces is limited to that found necessary by a person on the list of qualified consultants referenced in subsection (D)(2)(a)(ii) of Section 18.108.080 to correct existing or avoid future erosion and/or water quality problems; and
c. a plot plan and such other information as necessary has been provided to the director that demonstrates compliance with the standards specified in subsections (E)(2)(a) and (E)(2)(b) of this Section.
3. Fire hazard reduction activities. Creation and maintenance of large-scale firebreaks, thinning of vegetation, and undertaking of other fuel reduction activities when:
a. required by, and completed under the direction of CDF; and
b. written confirmation of same has been provided by CDF to the director.
F. Exempt from the general stream setback provisions of this chapter. Section 18.108.025 (General provisions-Stream setbacks) shall not apply to earth-disturbing activities associated with the following types of projects when they meet the conditions specified thereunder. These projects, however, are NOT exempt from the other requirements of this chapter including the requirement for preparation and approval of erosion control plans, standard measure plans, or vineyard replanting programs.
1. Projects covered by a watershed conservation plan. Earth-disturbing activities, construction of structures, and installation of related improvements within a drainage when said development is consistent with the provisions of an adopted watershed conservation plan for that drainage.
2. Maintenance of existing facilities. Operation, use, maintenance, and replacement of existing structures and improvements as listed in subsection F of Section 18.108.025 (Uses Allowed Within Required Stream Setbacks).
3. Construction on other existing lots with limited development areas. Earth-disturbing activities, construction, expansion, or remodeling of structures other than residences and installation of related improvements on legal lots of record in existence on June 18, 2002 when:
a. for installation of the planned structure and related improvements;
b. slopes in the area to be disturbed are less than thirty percent;
c. setbacks from the top of the stream bank present will be maintained as follows:
i. Napa River mainstem
downstream of Kimball Reservoir: 100 feet
ii. Other Class I & II streams: 50 feet where avg streamside slopes <5%
65 feet where avg streamside slopes >5%
iii. Class III streams: 15 feet;
d. all new, not previously existing parking spaces, outdoor work and/or storage areas, pathways, roads, driveways and turnarounds installed will be surfaced and designed so as to i) not concentrate flows or include measures to dissipate any concentrated flows created, and ii) provide filtration of runoff before it reaches the stream;
e. the project will not adversely affect or be adversely effected by an environmental resource of critical or hazardous concern; and
f. a standard measures or erosion control plan has been prepared, accepted/approved by the director, and committed to by the applicant.
4. Addition construction. Construction of additions to existing structures or installation of related improvements to an existing structure or addition when:
a. the proposed addition is attached to an existing structure;
b. the proposed addition or related improvements installed extends no closer to the stream channel than the closest point to the channel on the nearest existing structure;
c. the proposed project does not involve more than a net cumulative increase of 2,500 square feet in the previously allowed encroachment(s) existing on June 18, 2002 into the footprint of the stream setback;
d. the proposal minimizes to the greatest extent feasible additional encroachment into the stream setback;
e. all new, not previously existing parking spaces, outdoor work and/or storage areas, pathways, roads, driveways and turn-arounds installed will be surfaced and designed so as to i) not concentrate flows or include measures to dissipate any concentrated flows created, and ii) provide filtration of runoff before it reaches the stream;
f. the project will not adversely affect or be adversely effected by an environmental resource of critical or hazardous concern; and
g. a standard measures or erosion control plan has been prepared, accepted/approved by the director and will be implemented by.
5. Stream crossing installation. Installation of new stream crossings for roads, trails, railroads, power lines, etc. when:
a. all work within the stream channel will be done under an approved California Department of Fish and Game streambed alteration permit or letter of exemption, a copy of which has been submitted to the director;
b. for local access roads and trails there exists no other crossing of this same stream on this same parcel that could be used to readily access the area on-site accessed by the new crossing;
c. the crossing is situated roughly perpendicular to the stream channel and only the minimum amount of vegetation necessary to install the crossing will be disturbed;
d. the invert of any culvert installed is set below and at the same slope as the invert of the natural channel so as to maintain/create a natural stream bottom;
e. any at-grade crossing through the channel will be gently dipping and rock-lined;
f. the project will not adversely effect or be adversely affected by an environmental resource of critical or hazardous concern;
g. a standard measures or erosion control plan has been prepared, accepted/approved by the director, and committed to by the applicant; and
h. plot plans and cross-sections that demonstrate compliance with the standards specified under subsections (F)(5)(b)-(F)(5)(e) of this Section have been prepared and submitted to the director.
6. Agricultural replants. Agricultural replants when:
a. the footprint of the area farmed remains the same or is smaller;
b. any re-contouring or re-engineering of existing terraces is limited to that found necessary by a person on the list of qualified consultants referenced in subsection (D)(2)(a)(ii) of Section 18.108.080 to correct existing or avoid future erosion and/or water quality problems; and
c. a plot plan and such other information as is necessary has been provided to the director that demonstrates compliance with the standards specified under subsections (F)(6)(a) and (F)(6)(b) of this Section.
7. Previously-approved projects. Earth-disturbing activities and installation of improvements in compliance with an approved use permit, small winery use permit exemption, erosion control plan, grading permit, building permit, well permit, or other entitlement for use issued prior to:
a. June 18, 2002 for projects in the Napa River Watershed, or
b. May 8, 2003 for projects outside the Napa River Watershed.
8. Structures with pending building or use permits. Construction of any structure or other improvement for which a building was accepted and deemed complete for review by the director or a use permit application was filed prior to June 18, 2002 when the stream setbacks in effect at the time the building or use permit filed was submitted are met.
For purposes of this subsection only, a building permit application shall be considered "accepted and deemed complete for review by the director" if the building plans have been submitted to and accepted by the director and the required plan check fee has been paid.
9. Fire hazard reduction activities. Creation and maintenance of large-scale firebreaks and thinning of vegetation when:
a. required by and carried out under the direction of CDF; and
b. authorized in writing by the director.
10. Hazardous situation correction. Removal of vegetation as authorized by the director to alleviate an existing hazardous condition.
SECTION 9. Section 18.108.055 (Exemption from discretionary permit) of Chapter18.108 (Conservation Regulations) of the County Code is hereby amended to read in full as follows:
18.108.055 [Reserved.]
SECTION 10. Section 18.108.060 (Slope regulations-Prohibited uses) of Chapter 18.108 (Conservation Regulations) of the County Code is hereby amended to read in full as follows:
18.108.060 Slope regulations--Prohibited uses.
A. Uses prohibited without an exemption or an exception. To minimize the risks associated with project development in areas characterized by steep slopes, high erosion potential, unstable soils, combustible vegetation and other sensitive environmental resource areas or designated in the conservation and open space element and the seismic and safety elements of the general plan, no construction, improvement, grading, earthmoving activity or vegetation removal associated with the development or use of land shall take place on those parcels or portions thereof having a slope of thirty percent or greater unless exempt under Section 18.108.050 (Exemptions) or unless an exception through the use permit process is granted pursuant to Section 18.108.040 (Exceptions).
B. Uses prohibited without an exemption. No structure, improvement, grading, earthmoving activity, vegetation removal or development shall be permitted on a slope greater than fifty percent unless exempt under Section 18.108.050 (Exemptions).
SECTION 11. A new Section 18.108.110 (Watershed Conservation Plans) of Chapter 18.108 (Conservation Regulations) of the County Code is hereby added to read in full as follows:
18.108.110 Watershed conservation plans.
A. Contents. A watershed conservation plan shall at a minimum include the following components.
1. A stream and riparian resource inventory of the subject drainage containing, at a minimum, an aerial photographic base-map showing all the existing watercourses with their associated classifications, all man-made stream modifications including culverts, bank hardening, dams, etc., the extent of existing riparian corridors, and all sampling sites for water quality, habitat typing, and stream/floodplain cross-sections. Fisheries and wildlife surveys, botanical and habitat (terrestrial and aquatic) surveys, and baseline water quality data shall also be included.
2. A stream and riparian assessment of the subject drainage containing, at a minimum, a thorough assessment of the ecological setting, a description of how the key characteristics of the drainage influence the abundance and production of key species and habitats, and projections of reasonably foreseeable future land uses and earth-disturbing activities within the drainage.
3. A recommended best management practices guide containing recommended erosion control practices, fencing protocols, water conservation strategies, and pest management procedures.
4. A natural habitat maintenance plan identifying those portions of the drainage to be maintained in a "natural" state and the compatible uses allowed within these areas. Particular attention shall be drawn to facilitating wildlife movement via natural and/or restored corridors and conservation of unique habitats.
5. A stream setback plan specifying the width of stream setback for each stream (or stream reach) within the involved drainage.
6. A sub-watershed restoration plan for the stream corridors present. The restoration plan shall include clearly articulated goals and objectives for restoration and shall be based on information developed in the stream and riparian resource inventory and assessment. In addition, the restoration plan shall contain both a funding plan and a monitoring and reporting plan to ensure that adequate funds will be available for implementation, monitoring, data analysis, and any proposed adaptive management.
7. A landowner participation plan specifying the process utilized to develop, review, and implement the plan and the options for the interested landowners to learn more about and become involved in the drainage-wide planning efforts.
8. Technical appendices containing the scientific studies justifying the recommendations and standards outlined in the plan.
B. Development. To assist with the plan development, review, and implementation, each drainage developing a plan shall form a Watershed Advisory Committee (WAC) comprised of the effected landowners and tenants within the drainage, regulatory and government agency representatives, and involved technical specialists.
Early in the plan development process, the WAC will hold an open meeting for effected landowners within the drainage to provide said landowners with an introduction to the planning team and to the proposed steps to complete the drainage-wide assessment. The WAC shall hold additional open meetings at key points during the plan development and implementation process to provide affected landowners with project updates, resolve issues that arise during the assessment, identify potential sites for restoration, monitor the effectiveness of the plan, and recommend modifications, if necessary.
The WAC shall coordinate with the County Watershed Information Center's Technical Advisory Committee during development of the Watershed Conservation Plan.
C. Adoption. A watershed conservation plan may be adopted by the commission via approval of a use permit if, after a public hearing, it finds that all of the following are true:
1. Based on the technical and scientific information submitted, the plan proposed will lead to preservation and restoration of the natural environment within the drainage involved as said drainage is delineated on the Napa County drainages map maintained by the director;
2. The goals and standards stated in the plan are reasonable, supported by credible scientific information, and achievable;
3. Affected landowners in the drainage were encouraged to participate in development and review of the subject plan;
4. The stream setbacks proposed are supported by studies of the specific drainage involved prepared by qualified professionals which demonstrate that any setbacks proposed narrower than those specified in section 18.108.025 (General provisions-Stream setbacks) would, in conjunction with the erosion control measures recommended:
a. restore towards more natural levels the biological values of the stream setbacks including, but not limited to, shade provision, water temperature maintenance, nutrient filtering, wildlife movement corridors, unimpeded fish movement, and wildlife habitat;
b. decrease delivery rates of fine silts and clays to the stream(s) involved towards more natural levels;
c. adjust delivery rates of coarse sediments to the streams(s) involved towards more natural levels;
d. decrease peak flows into each stream involved in a (i) two-year storm and (ii) ten-year storm towards more natural levels; and
e. encompass within the setback proposed for each tributary the woody vegetation outboard dripline.
5. The stream setbacks proposed are at a minimum:
a. 100 feet wide for the Napa River mainstem downstream of Kimball Reservoir,
b. 50 feet wide for all other Class I streams,
c. 35 feet wide for a Class II stream, and
d. 15 feet wide for a Class III stream with riparian or aquatic vegetation.
6. The proposed monitoring plans will provide the information necessary to assure the goals of the plan are met and the proposed restoration is achieved; and
7. The proposed plan has been reviewed by appropriate regulatory agencies (e.g., the State Department of Fish and Game).
SECTION 12. The Board of Supervisors of the County of Napa shall review this ordinance within one year of the date it becomes effective.
SECTION 13. The regulations contained in this ordinance shall only remain in force and effect for two years from the date they become effective unless the Board extends this ordinance.
SECTION 14. If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors of the County of Napa hereby declares it would have passed and adopted this ordinance and each and all provisions hereof irrespective of the fact that any one or more of said provisions be declared invalid.
SECTION 15. This ordinance shall be effective thirty (30) days from and after the date of its passage.
SECTION 16. A summary of this ordinance shall be published at least once 5 days before adoption and at least once before the expiration of 15 days after its passage in the Napa Valley Register, a newspaper of general circulation published in the County of Napa, together with the names of members voting for and against the same.
The foregoing ordinance was first introduced and read at a regular meeting of the Napa County Planning Commission, held on the 4th day of September, 2002, and passed at a regular meeting of the Board of Supervisors of the County of Napa, State of California, held on the 8th day of April 2003, by the following vote:
AYES: SUPERVISORS __________________________________
NOES: SUPERVISORS __________________________________
ABSTAIN: SUPERVISORS __________________________________
ABSENT: SUPERVISORS __________________________________
___________________________________
BRAD WAGENKNECHT, CHAIRMAN
Napa County Board of Supervisors
ATTEST: APPROVED AS TO FORM:
Office of County Counsel
Clerk of the Board
By: ________________________
Deputy County Counsel
By: _____________________________
By: ________________________
County Code Services
Date: __________________________