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9-1510.1 - CHAPTER 9-1510 (b) Mitigation Sites. The Plan shall indicate sites that are to be developed or preserved to serve as mitiga- I RIPARIAN HABITAT tion for loss of riparian habitat as a result of the proposed project. To the extent practicable, mitigation sites shall Sections: be in San Joaquin County and shall assist in the mainte- 9-1510.1 Intent. nance of riparian corridors. 9-1510.2 Applicability. (c) Contribution to Existing Off-Site Habitat Site. 9-15103 Determinations Needed for In lieu of establishing and maintaining riparian habitat Proposed Loss. on-site of the proposed development, the applicant may 9-1510.4 Riparian Habitat Mitigation contribute to the acquisition and maintenance of an exist- Plan. ing off-site riparian habitat area or contribute to the 9-1510.5 Natural Bank Buffer. establishment and maintenance of a new riparian habitat area. The amount of the contribution shall be based on 9-1510.1 INTENT. the cost of establishing and maintaining replacement The intent of this Chapter is to preserve the County's habitat for a five (5) year period on site. riparian habitat- (d) Replacement Vegetation.Vegetation planted to (Orta. 3675) mitigate the Ioss of riparian habitat shall generally be native vegetation. The size of the area of replacement 9-1510.2 APPLICABILITY. vegetation shall be at least two (2) times the size of the The requirement of this Chapter shall apply to all area that is to be destroyed, eliminated, or degraded. development projects requiring discretionary approval. (e) Maintenance.Provisions shall be made for main- (Ord. 3675) raining replacement vegetation for five (5) years. (f) Conservation Easement. Assurance of habitat 9-15103 DETERMINATIONS NEEDED FOR preservation shall be by conservation easement or other PROPOSED LOSS. acceptable methods. An action that in the opinion of the Review Authority (Ord. 3675) has the potential to destroy,eliminate,or degrade riparian habitats shall not be permitted,unless the Review Author- 9-1510.5 NATURAL BANK BUFFER ity determines that all of the following are true: Parallel to any natural bank of a waterway, a natural (a) Public Interest The potential loss is in the open space for riparian habitat and waterway protection public interest shall be maintained to provide nesting and foraging (b) Riparian Habitat Mitigation.Potential destruc- habitat and the protection of waterway quality.The mini- tion, elimination, or degradation of the riparian habitat mum width of said open space shall be one-hundred would be mitigated through a Riparian Habitat Mitigation (100) feet, measured from the mean high water level of Plan that shall be part of the conditions of approval. the natural bank or fifty (50) feet back from the existing (Ord. 3675)- riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer. 9-1510.4 RIPARIAN HABITAT MITIGATION (Ord. 3675) PLAN. The Riparian Habitat Mitigation Plan shall include a plan to protect existing riparian habitat or a plan to re- place,preserve,or develop new habitat,or a combination thereof.The Plan shall be prepared by a qualified biolo- gist and shall be subject to the following provisions: (a) On-Site Riparian Habitat The Plan shall show the location and extent of existing riparian habitat on the site of the proposed project and shall indicate the riparian habitat that may be destroyed,eliminated,or degraded as a result of the project as well as the riparian habitat that is to be retained and protected,with methods for ensuring protection. f t 592