§ 18.40.170. Watercourse protection.

A.

Setbacks.

1.

Unobstructed development setback corridors shall be established and maintained along the following watercourses to facilitate movement of wildlife, to reduce the impacts of localized flooding, to provide visual amenities, to improve water quality and associated habitat, and to contribute to a separation between the geographic portions of the industrial park.

Unless specifically authorized by the applicable specific plan, no development or improvements, including storage of equipment or materials or construction of fences, shall be permitted in the setbacks established below:

a.

Suscol Creek: one hundred fifty feet;

b.

Fagan Creek: seventy-five feet;

c.

Sheehy Creek: thirty-five feet;

d.

"No Name" Creek south of the Napa County Airport: fifty feet.

2.

Approved parking, loading or storage which existed on the south side of Fagan Creek, on the west side of Highway 29 as of October 20, 1998: thirty-five feet.

3.

Setback may be required to be increased if a greater distance is set by the State Department of Fish and Game, the Napa County Water Conservation and Flood Control District, or the department if such increase is necessary to increase biological values, or is necessary to achieve integrated habitat retention or restoration.

4.

Setbacks established in this section shall be measured from the top of the bank.

5.

Where establishment of these corridors would reduce the developable area under this chapter on a parcel existing prior to the effective date of the ordinance codified in this chapter by more than thirty-five percent, the width of the corridor required shall be reduced to allow sixty-five percent of the parcel's potential developable area to be developed. All development setback corridors provided shall be counted as landscaped for purposes of meeting the minimum landscaping percentages required under Section 18.40.110(B).

6.

A permanent conservation easement covering the required corridor along the creeks enumerated in subsection (A)(1) of this section shall be irrevocably offered by the property owner to the county of Napa, appropriate state agency or a public non-profit land conservation entity prior to project completion or parcel/subdivision map recordation, whichever comes first. Said corridor shall include a landscaped ten-foot-wide easement between the riparian growth (if any) and the edge of the planned development. Said easement, which shall be measured from the outside drip line of the riparian canopy as indicated by the aerial photography taken of the area in March of 1984, shall be maintained in a natural condition.

B.

Uses of Setback Areas. Unless specifically authorized by the applicable specific plan, previously approved discretionary permit or certificate of extent of legal nonconformity issued pursuant to Chapter 18.132, uses within the setback area shall be limited to habitat restoration/mitigation, landscaping, pedestrian/bicycle improvements, storm-water retention/detention facilities or similar uses that do not adversely affect habitat values, wildlife movement or flood water storage.

C.

Setback Restoration.

1.

Plans for restoration, enhancement and permanent maintenance of required setback areas for the purposes set forth in Section 18.40.170(A)(1) shall be required as part of any site plan or discretionary or administrative permit approval.

2.

Alterations or improvements to any watercourse within the IP zoning district shall be designed to maintain or enhance the aesthetic qualities of the channel through preservation of existing vegetation and introduction of appropriate new landscaping. Plantings of native species shall be introduced into the setback areas to increase cover and enhance the wildlife habitat. Where applicable, the Department of Fish and Game shall be consulted regarding appropriate selection and use of plant materials to ensure successful growth and wildlife adaptation.

D.

Wetlands, Pools and Similar Lands.

1.

All wetlands, pools, pond areas or similar lands with resource value, shall be protected in their natural state and enhanced to the maximum extent feasible. Mitigation compensation shall be required on a replacement basis for all such habitats impacted.

2.

Minimum setbacks of twenty-five feet as measured from the edge of the resource shall be required, unless a greater setback is recommended by the Department of Fish and Game or by a qualified expert who has assessed the resource.

3.

Uses of the setback area identified in subsection (D)(2) of this section shall be limited to habitat mitigation or introduced landscaping designed to enhance the resource area.

(Ord. 1234 § 5, 2004: Ord. 1161 § 18, 1999: Ord. 845 § 1 (part), 1987: prior code § 12278.16)