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Item 2: Ordinance on Water Quality Overlay Zone
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Item 2: Ordinance on Water Quality Overlay Zone
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5/16/2008 9:19:08 AM
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5/19/2008
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<br />indicating a “No Disturbance Area.” No site preparation, including <br />but not limited to vegetation removal, may take place within 50 feet <br />of the /WQ Management Area, until such verification has been <br />provided. <br />(2) Uses Permitted Within /WQ Management Areas. Subject to any <br />applicable development permits, the following uses are the only uses <br />permitted outright within the /WQ Management Area: <br />(a) Vegetation Planting and Management. <br />1. Plantings of plants and vegetation provided they are not <br />Invasive, Non-Native Plant species as defined in EC 9.0500 <br />Definitions; and <br />2. Mowing, replacing and pruning vegetation within lawn and <br />garden landscaped areas existing as of [effective date of this <br />ordinance]; <br />The use of native vegetation in the /WQ Management Area is <br />preferred, in order to reduce the need to apply water, herbicides, <br />pesticides and fertilizers; <br />(b) Removal of Plants and Vegetation. <br />1. Other than as permitted pursuant to EC 9.4780(2)(a)2., or <br />approved pursuant to EC 9.4780(3) or EC 9.8030(25), removal <br />of plants and vegetation shall be limited to the following: <br />a. Removal of Invasive, Non-Native plant species; <br />b. A public entity’s removal of plants or vegetation from <br />publicly owned property by mechanical or manual <br />means within a strip not to exceed 15 feet in width <br />where that property abuts private property that is not <br />within a /WQ Management Area; <br />c. Removal of plants or vegetation that the city fire <br />marshal has declared poses a potential fire hazard to <br />existing structures. Written documentation of the fire <br />marshal’s declaration, including a description of the <br />location of the structure and the location of the plants <br />or vegetation to be removed, shall be provided to the <br />planning director prior to the removal. The removal <br />shall be limited to the extent specified by the fire <br />marshal’s declaration; and <br />d. Removal of hazardous tree(s), or removal of trees that <br />create an unsafe condition due to proximity to existing <br />structures, proposed construction, or interference with <br />utility services or pedestrian or vehicular safety, so long <br />as prior to removal the property owner is able to <br />produce upon request a written evaluation of any tree <br />proposed for removal prepared by a certified arborist <br />declaring the tree(s) to be hazardous or creating an <br />unsafe condition and recommending removal; <br />2. Areas of bare soil existing as a result of plant or vegetation <br />removal shall be: <br />a. Protected or covered consistent with EC 6.625 through <br />EC 6.645; <br />b. Replanted as soon as practicable, but no later than <br />March 15 of the calendar year following disturbance; <br />and <br />Ordinance - <br />5 <br /> <br />
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