§ 30.53.100. Provision of Wetland Buffers.

A.

To protect wetland areas, all new development projects , which are located on property which includes or lies in proximity to wetland habitat, as defined in this Chapter, shall include the provision of a continuous wetland buffer. Unless otherwise specified herein, the wetland buffer shall be a minimum of 100 feet in width. The wetland buffer shall be measured landward from the boundary of wetlands as delineated on plans required pursuant to the application submittal requirements of this Chapter.

B.

A wetland buffer of less than 100 feet in width shall be allowed only with the concurrence of the California Department of Fish and Game and when the Planning Commission makes the following findings:

1.

That the physical characteristics of the site, such as the size and dimensions of the property are adequate to protect the resources of the adjacent wetlands, based on site-specific factors.

a.

When making such a finding, the Planning Commission shall, in consultation with the California Department of Fish and Game, consider site-specific factors such as the type and size of the development proposed; the mitigation measures provided (such as planting of vegetation or construction of fencing); elevation differentials which may exist between the proposed development and wetland areas; the need for upland transitional habitat; or other similar factors which will serve to contribute to the purposes of a wetland buffer area.

b.

When making a finding regarding the use of a buffer of less than 100 feet in width, the Planning Commission shall consider any recommendations provided by representatives of the California Department of Fish and Game.

C.

In no event shall a wetland buffer be reduced to a width of less than 50 feet.

D.

Authorization which has been granted by the Planning Commission to provide a wetland buffer of less than 100 feet for one aspect of a development proposal, shall not be construed as an authorization to provide a buffer of less than 100 feet in width for other aspects of the proposal unless such authorization has been specifically enumerated in the findings required pursuant to this Section.

(Ord. No. 845)