§ 7-14.5. Stream setback for structures requiring a building permit.

All new or relocated structures requiring a building permit or an agricultural exemption shall be set back from streams, as measured from the toe of the stream bank outward, a distance of two and one-half (2.5) times the height of the stream bank plus thirty (30) feet, or thirty (30) feet outward from the top of the stream bank, whichever distance is greater, unless a greater distance is established in the general plan, local coastal program, and/or zoning code. If the top of the stream bank cannot be determined by visual analysis, it shall be determined by hydraulic analysis as the water surface elevation for the 100 year event plus one and one-half (1.5) feet. Stream bank height is the change in elevation from the top of bank and the lowest toe of bank.

(a)

An exception to the entire set back restriction may be allowed for (i) projects sponsored by a public agency or resource conservation district where there is a clear benefit to the community or environment; and (ii) projects related to elevating existing structures per federal flood regulations which maintain the existing building footprint.

(b)

Exceptions. An exception to the 30-feet portion may be approved by the chief building official if one or more of the following criteria apply:

(1)

Constructability. The stream setback makes the lot unbuildable for the primary use of the base planning district.

(2)

Minor Expansion. The proposed development involves a one-time minor expansion of an existing structure. The footprint of a minor expansion shall not exceed twenty-five per cent (25%) of the existing structure by area, and shall not expand in a direction toward, or closer to, any stream.

(3)

Vertical Expansion. The proposed development involves expansion in the vertical direction with the expansion of a second story that is within the existing building footprint and does not exceed zoning requirements for overall height restrictions.

(4)

Existing Structures. The proposed development involves only the maintenance or remodeling of an existing structure or a nonstructural use. The rebuild of an existing structure is allowed as long as it is within the existing building footprint, or such that the rebuilt structure is not an expansion of the existing structure and it is constructed further away from the creek.

(c)

Stream bank restoration or stabilization. The proposed development involves the restoration or stabilization of a stream bank. Exception provisions. An exception may be approved by the Building Official if the following provisions are met:

(1)

Minimize disturbance. The removal of the natural vegetation is minimized or compensated by planting of natural vegetation within the setback.

(2)

Riparian function. The applicant demonstrates that the encroachment into the setback area will be accomplished with a minimum damage to the riparian functions and no reasonable alternative exists.

(3)

Soils report. The applicant submits a soils report that is acceptable to the building official. The soils report shall address the soil stability relative to the foundation of the proposed development and relative to the potential destabilizing effect the stream may or may not have on the proposed development.

(Ord. No. 6048, § I(e), 11-5-2013; Ord. No. 5904, § I, 11-2-2010; Ord. No. 5891, § 4, 12-9-2008.)