Chapter 19.08
CONSERVATION REGULATIONS
Sections:
19.08.050 Erosion hazard areas.
19.08.060 Repealed.
19.08.070 Intermittent/perennial streams.
19.08.080 Vegetation preservation and replacement.
19.08.110 Existing erosion control.
19.08.120 Variances not prohibited.
19.08.130 Security, penalties and enforcement.
19.08.010 Purpose.
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 City of Calistoga. These regulations have been developed in general accord with the policies and principles of the General Plan, as specified in the land use permit and the open space and conservation element. It is furthermore intended that these regulations accomplish the following:
A. Minimize cut, fill, earthmoving, grading operations and other such manmade effects in the natural terrain;
B. Minimize soil erosion caused by human modifications to the natural terrain;
C. Maintain and improve, to the extent feasible, existing water quality by regulating the quantity and quality of runoff entering local watercourses;
D. Preserve riparian areas and other natural habitat by controlling development near streams and rivers;
E. Encourage development which minimizes impacts on existing land forms, avoids steep slopes, and preserves existing vegetation and unique geologic features;
F. Further the intent and purpose of Section 1600 of the California Fish and Game Code.
It is not the intent of these regulations to provide that compliance with these regulations shall provide a defense to a charge of violating Section 5650 of the California Fish and Game Code.
19.08.020 Definitions.
For purposes of this chapter, the following words and phrases shall be construed as defined in this section.
A. “Commission” shall mean the Planning Commission.
B. “Drainage ditch” shall mean a natural or constructed channel for the purpose of providing drainage for nuisance water.
C. “Earthmoving activity” shall mean any activity that involves vegetation clearing, grading, excavation, compaction of the soil, or the creation of fills and embankments to prepare a site for the construction of roads, structures, landscaping, new planting, and other improvements. It also shall mean excavations, fills, or grading which of themselves constitute engineered works or improvements.
D. “Erosion” shall mean the wearing away of the ground surface as a result of the movement of wind or water.
E. “Erosion hazard area” shall mean those portions of parcels of land having slopes over five percent.
F. “Grading” shall mean any stripping, cutting, filling, contouring, recontouring, or stockpiling of earth or land, including the land in its cut or fill condition.
G. “Hydrophilic vegetation” shall mean 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).
H. “Improvement” shall mean any man-made, immovable item which becomes part of, placed on, or affixed to, a parcel of land.
I. “Land clearing” shall mean the removal of tree canopy, understory, or herbaceous vegetation down to bare soil, by any method.
J. “Landscape structure” shall mean a structure, object, and/or feature for human use and enjoyment of the land associated with decorative landscaping in relationship to a residential structure.
K. “Riparian vegetation” shall mean vegetation commonly 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.
L. “Slope” shall mean the inclination of the terrain calculated in accordance with the methodology set forth in Chapter 17.15 CMC which is incorporated herein by reference.
M. “Stream” shall mean any of the following:
1. A watercourse designated by a solid line or dash and three dots symbol on the largest scale of the United States Geological Survey maps most recently published, or any replacement to that symbol.
2. Any watercourse which has a well-defined channel with a depth greater than four feet and banks steeper than 3:1 and contains hydrophilic vegetation, riparian vegetation, or woody vegetation including tree species greater than 10 feet in height.
3. Those watercourses listed in the conservation element of the General Plan are incorporated herein by reference.
N. “Structure” shall mean anything which 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.
O. “Vegetation understory” shall mean shrub or brush vegetation within a natural stand of vegetation that commonly grows to a height below established tree levels, and also includes associated annual and perennial herbaceous vegetation.
P. “Vegetation canopy cover” shall mean the crown area of a stand of trees (i.e., upperstory vegetation) in a natural stand of vegetation. For the purposes of this chapter, canopy cover is the collective cover of a grouping of trees viewed from an aerial photograph of the latest edition on file with the Department, where the tree stand is continuous. Single trees are not considered “canopy cover.”
Q. “Vegetation outboard dripline” shall mean the furthermost edge of riparian vegetation, including the dripline of the canopy cover of woody vegetation of a stream visible on the latest edition of aerial photographs on file with the Department of Public Works or as determined by a field inspection conducted by the Director of Public Works.
19.08.030 General provisions.
A. Applicability. These regulations shall apply to all zoning districts within the City and to all uses that may involve earthmoving activity permitted in such districts, with or without use permits, except as may be specifically provided herein. In the event of conflicts among the regulations in this chapter and those elsewhere in this code, the regulations in this chapter shall prevail except 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 CMC 19.08.090. 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.
19.08.040 Slope regulations.
A. Uses Prohibited Unless Exempt or Excepted by Permit. 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, 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 30 percent or greater unless exempt under CMC 19.08.100 or unless an exception through the use permit process is granted pursuant to CMC 19.08.090.
B. Uses Prohibited without an Exemption. No structure, improvement, grading, earthmoving activity, vegetation removal or development shall be permitted on a slope greater than 50 percent unless such activity is undertaken for protective or preventative action.
19.08.050 Erosion hazard areas.
All uses not otherwise prohibited within erosion hazard areas shall comply with all of the following requirements:
A. Erosion Control Plans. No otherwise permitted earthmoving activity, grading, improvement, or construction of a structure shall commence within any erosion hazard area until an erosion control plan which complies with the requirements of CMC 19.08.060 has been submitted to and approved by the City.
B. Minimization of Erosion Potential. Site development shall be conducted in a manner, based upon the topography and soil type, which creates the least potential for erosion.
C. Phasing. The site shall be developed in phases of workable size which can be completed in a single construction season, including vineyard or other agricultural crop development. Erosion and sediment control measures shall be coordinated with the sequence of grading, development, and construction operations so as to avoid leaving any portion of a disturbed site unprotected from erosion between October 15th and April 1st.
D. Vegetation Removal. Vegetation removal shall be limited to the minimum amount necessary to accommodate the project and then only as indicated on the approved erosion control plan. The project shall not adversely affect sensitive, rare, threatened, or endangered plants or animals or their habitats as designated by State or Federal agencies with jurisdiction.
E. Temporary Measures. As the permanent vegetation cover is maturing, temporary vegetation or other erosion control measures sufficient to stabilize the soil shall be established on all disturbed areas as needed as each stage of grading is completed. New planting shall be protected by using such measures as jute netting, straw mulching and fertilizing or other means which are specified in the approved erosion control plan.
F. Permanent Measures. Where building permits are required, final clearance shall not be issued until all permanent erosion control measures have been installed which are required by the approved erosion control plan.
G. Maintenance of Erosion Control Facilities. All required erosion control facilities, both temporary and permanent, shall be maintained in accordance with the approved erosion control plan.
H. Completion Deadline for Sediment Retention Devices. All sediment retention devices specified in the approved erosion control plan shall be completed no later than October 1st of the calendar year in which the erosion control plan is approved or clearing and/or grading activity has commenced, whichever is later.
I. Deadline for Winterization and Temporary Measures. Notwithstanding any other provision of this chapter, grading activity associated with “winterization” and installation of temporary erosion control measures specified on the approved erosion control plan, other than sediment retention devices, may continue until October 15th of any calendar year.
J. Grading Deadline. Grading and earthmoving activities shall be limited to the period between April 1st and October 15th except that earthmoving or grading activity may continue between October 15th and April 1st, when weather permits, providing that adequate winterization (temporary) erosion control measures have been installed in accordance with the approved erosion control plan, and fieldchecked by the City Engineer or his designee. It shall be the responsibility of the permittee to contact the City Engineer or his designee for a fieldcheck at least three working days prior to continuing activity within the “No Activity Season.”
19.08.060 Requirements for erosion control plans.
Repealed by Ord. 707.
19.08.070 Intermittent/perennial streams.
A. Applicability. The provisions of this section shall apply to those streams defined by CMC 19.08.020. The final administrative determination of whether a watercourse is subject to the provisions of this section shall rest with the City Engineer.
B. Setback Requirements. In addition to any requirements of the floodway and floodplain regulations set forth in CMC Title 18, construction of main or accessory structures, earthmoving activity, grading or removal of vegetation shall be prohibited within the stream setback areas established below unless specifically permitted in subsection (D) of this section, exempt pursuant to CMC 19.08.100, or authorized by the Commission through the granting of an exception pursuant to CMC 19.08.090:
1. No clearing of land for new uses including residential and non-agricultural structures, shall take place within the following setbacks from streams:
|
Slope % |
Required Setback |
|---|---|
|
< 1% |
35 feet |
|
1 – 5% |
45 feet |
|
5 – 15% |
55 feet |
|
15 – 30% |
65 feet |
|
30 – 40% |
85 feet |
|
40 – 50% |
105 feet |
|
50 – 60% |
125 feet |
|
60 – 70% |
150 feet |
2. Setbacks for existing vineyard use or other permanent agricultural crop use of land.
a. Except as provided in subsection (B)(2)(b) of this section, the stream setbacks established in subsection (B)(1) shall also be applicable to the replanting of existing vineyards or other permanent agricultural crop use for those portions of parcels which have been in an agricultural use within 24 months prior to the effective date of this chapter.
b. Stream setbacks shall not be required for the replanting of existing vineyards or other permanent agricultural crops if the replanting will occur in the same footprint, no recontouring or re-engineering of existing terraces is necessary, and no grading is proposed that requires a permit pursuant to Section 7006 of Chapter 70 of the Uniform Building Code.
3. The stream setbacks established herein shall be measured from the top of the bank on both sides of the stream as it exists at the time of replanting, redevelopment, or new activity.
4. In the case of those specific streams identified in Resolution No. 94-109, the stream setbacks shall be the distances set forth in CMC 19.08.070 or the outboard dripline of upper canopy vegetation at the time of replanting, redevelopment, or new activity, whichever is greater.
C. Revegetation within Required Setbacks. Revegetation of portions of the streamside setbacks may be required by the City Engineer as a part of an erosion control plan to restore areas where vegetation has been removed as a result of existing or past land use activities. The extent of revegetation shall be based on field review, consultation with the Resource Conservation District and the State Department of Fish and Game to enhance water quality and minimize sedimentation of the affected stream.
D. Uses Permitted within Required Stream Setbacks. Except to the extent inconsistent with the provisions of CMC Title 18 pertaining to floodway and floodplain regulations, only the following uses shall be permitted within the required stream setbacks:
1. Maintenance of existing vineyards or other agricultural crops, including the legal use of fertilizers and such pesticides, herbicides, insecticides, fungicides or other techniques for the control of insects, weeds, diseases and pests that are necessary to maintain the productivity of croplands;
2. Use and maintenance of existing tractor turnaround areas, agricultural roads, recreational roads, trails, and crossings;
3. Activities which are intended to protect the security and safety of the surrounding area, including but not limited to, fire, flood protection and bank stabilization, weed control, trespass and nuisance protection;
4. Development and maintenance of those water resources, including pumps, that are necessary for agricultural and domestic purposes;
5. Maintenance and replacement of existing public works facilities such as pipes, cables, culverts and the like;
6. Maintenance of existing or restoration of previously dredged depths in existing flood control projects and navigational channels authorized by a permit issued by the City Engineer pursuant to CMC Title 18.
7. Construction of nonmotorized vehicular and pedestrian trails;
8. Construction of new public works projects such as drainage culverts and stream crossings when such projects are specifically authorized and permitted by existing state, federal or local law;
9. Construction activities undertaken by or under the auspices of a federal, state or local agency to preserve or restore existing habitat areas;
10. Removal of vegetation as authorized by the City Engineer to alleviate an existing hazardous condition;
11. Installation of stream crossings, recreational roads, and equestrian and nonmotorized trails in accordance with appropriate permits from other state, federal and local agencies when it can be determined by the City Engineer that the least environmentally damaging alternative has been selected as a part of an approved project;
12. Other uses similar to the foregoing found by the City Engineer to be consistent with the intent of this chapter.
19.08.080 Vegetation preservation and replacement.
Whenever a project within an erosion hazard area requires issuance of a discretionary permit such as a use permit or an administrative permit, including, but not limited to, building permits, grading permits, and sewage disposal system permits, the permit shall be subject to the following conditions:
A. Existing vegetation shall be preserved to the maximum extent consistent with the project. Vegetation shall not be removed if it is identified as being necessary for erosion control in the approved erosion control plan or if necessary for the preservation of threatened or endangered plant or animal habitats as designated by State or Federal agencies with jurisdiction.
B. Protected trees as identified in Chapter 19.01 CMC located on a site for which either an administrative or discretionary permit is required shall not be removed until the required permits have been approved by the City and tree removal has been specifically authorized.
C. Trees to be retained or designated for retention shall be protected during the construction phase by the use of barricades or other appropriate methods.
D. Wherever removal of vegetation is necessitated or authorized, the City Engineer may require the planting of replacement vegetation of an equivalent kind, quality and quantity.
E. Vegetation required to be preserved but removed either advertently or inadvertently or before any required permit has been issued shall be replaced with 15 gallon trees at a ratio of 2:1 at locations approved by the City Engineer, or replaced with smaller trees at a higher ratio to be determined by the City Engineer.
F. All graded areas for non-agricultural activities shall be replanted with permanent vegetation. A revegetation plan shall be submitted for approval to the City Engineer concurrently with the erosion control plan. All approved plant materials shall be installed prior to occupancy. Plant materials shall be drought-tolerant and compatible with the existing habitat area in which the project is located.
G. To promote conservation of scarce water resources, those areas without drought tolerant plantings shall be irrigated with reclaimed water.
19.08.090 Exceptions.
The Commission may, upon application by the landowner or leaseholder of a site, grant an exception in the form of a use permit to any of the requirements of this chapter other than CMC 19.08.040(B) if the Commission finds after a public hearing that:
A. For structural/road development projects, all of the following are true:
1. Roads, driveways, buildings and other manmade structures have been designed to complement the natural landform and to avoid excessive grading.
2. Primary and accessory structures employ architectural and design elements which in total serve to reduce the amount of grading and earthmoving activity required for the project, including the following elements:
a. Multiple-floor levels which follow existing, natural slopes;
b. Foundation types such as poles, piles, or stepping levels which minimize cut and fill and the need for retaining walls;
c. Fence lines, walls, and other features which blend with the existing terrain rather than strike off at an angle against it.
3. The development project minimizes removal of existing vegetation, incorporates existing vegetation into the final design plan, and replacement vegetation of appropriate size, quality and quantity is included to mitigate adverse environmental effects.
4. Adequate fire safety measures have been incorporated into the design of the proposed development.
5. Disturbance to streams and watercourses shall be minimized, and setbacks shall be retained as specified in CMC 19.08.070.
6. The project does not adversely impact threatened or endangered plant or animal habitats as designated by State or Federal agencies with jurisdiction.
7. An erosion control plan has been prepared in accordance with CMC 19.08.060 and has been approved by the City Engineer.
B. For agricultural projects and agricultural roads, all of the following are true:
1. The erosion rate that results two years from the completion of the proposed agricultural development does not exceed the soil tolerance factor approved by the City Soil Conservation Service for the soil type, topography and climatic conditions in which the project is located.
2. An erosion control plan has been prepared in accordance with CMC 19.08.060 and has been approved the City Engineer.
3. Impacts on streams and watercourses are minimized, and adequate setbacks along these drainage ways are or will be maintained.
4. The project does not adversely impact sensitive, rare, threatened or endangered plant or animal habitats as designated by State or Federal agencies with jurisdiction.
19.08.100 Exemptions.
This chapter shall not apply to the following activities, whether or not permits are presently required therefor, which this Council hereby finds have less potential to significantly alter the present environment, are preempted by State law and/or are publicly supervised projects necessary for the protection of the immediate health and safety of the residents of the City:
A. Additions to existing single-family residences, except residences located in RR-H (rural residential zone), where the proposed addition is attached to an existing structure and when no earthmoving or grading is required with the exception of that necessary to install a foundation system.
B. Clearing of vegetation and/or grading in connection with the construction, remodeling or other improvements of a single-family residence and/or associated accessory structures, where application for all permits required for such activities for that project have been received on or before the effective date of this chapter.
C. Clearing of vegetation and/or grading in connection with the planting and/or maintenance of decorative landscaping and/or construction of landscape structures as defined in CMC 19.08.020 for which:
1. No building or grading permits are required as part of an existing or approved residential structure;
2. The clearing and/or grading does not involve more than one acre per legal parcel per year;
3. The clearing and/or grading does not involve removal of any living tree from the ridge line or hilltop visible from any public roadway unless such tree is replaced in a manner approved by the City Engineer; and
4. Temporary erosion control measures are installed by October 15th if planting and or landscaping continues beyond October 15th.
D. Construction and/or maintenance of private emergency access roads, all public roads and any other public facilities, including flood control facilities, required by and completed under the direction of any public agency.
E. Clearing of vegetation and/or grading necessary for the construction of any septic or wastewater system, or water well or other facility necessary for the protection of public health, or in connection with correction of any problem involving hazardous wastes or materials, where such construction or corrective activity is required by, and completed under the supervision of the County Department of Environmental Management to comply with Federal, State or local standards.
F. Clearing of vegetation and/or grading necessary for preliminary testing for site suitability for septic systems or water wells, where such testing is approved by the County Department of Environmental Management and does not involve the construction of roads for access to the parcel or testing sites and disturbed areas are revegetated or otherwise treated for erosion control.
G. Creation and/or maintenance of firebreaks required by, and completed under the direction of the State Department of Forestry.
H. Clearing of vegetation and/or grading specifically authorized by a State timber harvesting permit.
I. Clearing of vegetation and/or grading through a permit issued by a State or Federal agency pursuant to applicable provisions of State or Federal laws or regulations, or by a city in relation to City-owned property exempt from the zoning regulations of the City of Calistoga.
J. Clearing of vegetation and/or grading in connection with the abatement of a public nuisance as determined by a court of competent jurisdiction and then only in accordance with recommendations of, and under the advisory supervision of, the City, Soil Conservation Service and State Department of Fish and Game, as applicable.
K. Completion of multiyear phased project activities approved by the City so long as the approved plans substantially conform with the erosion control standards approved through the adoption of this chapter.
L. Activities which are consistent with existing practices and which are intended to protect the security and safety of the surrounding area, including but not limited to, fire protection and prevention, weed control, trespass and nuisance protection.
M. Maintenance operations for ongoing agricultural activities, including maintenance of existing roads, existing erosion and sediment control devices, and activities involving minimal soil disturbance including trellising, installation of irrigation, fencing, and minor trenching for repair work.
N. Earthmoving activity and construction of improvements authorized by a final map and/or development agreement approved and recorded by the City.
O. Earthmoving activity and construction of improvements authorized by use permit, site plan approval and building permit approval where provisions for erosion control were included as part of the approved permit for projects.
P. Replanting of existing vineyards when the area to be replanted involves less than one acre, and the footprint of the replanting area does not change, and no recontouring, grading or re-engineering is necessary, regardless of slope percent of the area to be replanted.
Q. Replanting of existing vineyards when the footprint of the area to be replanted does not change, and no recontouring or re-engineering of existing terraces is necessary; provided, that an erosion control plan has been prepared in accordance with this chapter and has been approved by the City Engineer.
R. Repair and maintenance of existing water storage facilities when no permit is required from any Federal, State or local agency.
S. Completion of projects for which tentative subdivision or parcel maps are on file with the City for property located outside of a hillside zoning district when, as a part of the discretionary review process, an erosion control plan which meets the criteria established in this chapter and any pertinent resolutions is reviewed and approved by the Commission. This exemption affects only those areas identified in the approved erosion control plan.
T. Earthmoving activity and construction of improvements associated with the construction or remodeling of a single-family residence or accessory structure to the residence within subdivisions of record which were authorized by a final map approved and recorded by the City.
19.08.110 Existing erosion control.
No person shall cause or allow the continued existence of a condition on any site that is causing substantial erosion due to human-induced alteration of the vegetation, land surface, topography, or runoff pattern.
19.08.120 Variances not prohibited.
Nothing in this article shall be construed as prohibiting any person from filing an application for, or the Commission or Council approving, a variance pursuant to the provisions of this chapter.
19.08.130 Security, penalties and enforcement.
A. Security.
1. No earthmoving activity, grading, improvement, or construction of a structure for which an erosion control plan is required by this chapter shall commence until the applicant has filed security in the form specified in subsection (A)(2) of this section if any of the proposed earthmoving, grading, improvement or construction activity may pose a significant public health risk, may result in a potential water quality impairment, or is located in an area determined to have a “severe soil erosion hazard” as determined by City Engineer.
2. The security required by subsection (A)(1) of this section shall be comprised of both of the following:
a. Security in the amount of the estimated cost of original installation of the required erosion control measures shall be posted in one or more of the forms specified by the City Engineer. This security shall be released by the City Engineer upon final inspection and approval of the installation of all of the required measures.
b. Security in the amount of 10 percent of the estimated costs of original installation of the required erosion control measures, which shall be in the form of recorded lien against the parcel on which the measures are installed for the purpose of ensuring ongoing maintenance of the required erosion control measures in the manner specified in the erosion control plan.
B. Penalties for Noncompliance. It shall be unlawful and a public nuisance for any person to violate any of the provisions of this chapter for any purpose or to cause any other person to do so. Such a violation shall be enforceable as a misdemeanor. Such a violation may also be abated as a public nuisance by judicial action or by administrative enforcement in accordance with the procedures set forth in the Code Enforcement Manual.
C. Existing Violations. Whenever the City determines that a violation of CMC 19.08.110 has occurred, the City may notify the violator in writing of the violation and require that certain conditions be implemented or adhered to in a reasonable amount of time to correct the erosion problem. Failure to comply with the notice shall constitute a separate and distinct violation, punishable as set forth in subsection (B) of this section.