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<br />Conservation Overlay Zone based on whether they occur inside or outside the /WR <br />Conservation Area as defined in EC 9.4920, as follows: <br />(1) Uses Permitted Outside the IWR Conservation Area. The uses permitted <br />on portions of properties located outside of the /WR conservation area are the <br />same as those otherwise permitted without consideration of the /WR Water <br />Resources Conservation Overlay Zone. <br />(2) Uses Permitted Within the IWR Conservation Area. Subject to subsections <br />(3) and (4) and any applicable development permits, the following uses are <br />permitted within the /WR conservation area: <br />(a) Removal of refuse. <br />(b) Removal of any fill that is in response to a written determination from a <br />regulating agency that the fill is in violation of local, state or federal <br />regulations. <br />(c) Removal of plants that are non-native and invasive, provided that any <br />significant tree within 25 feet of a Category B, C or D stream that is <br />removed under this subsection must be replaced within 6 months by a <br />native tree that will grow to similar (or greater) size, height and canopy <br />spread as the one removed. Trees with large canopy spread or height <br />may be replaced by multiple trees that, in combination, will provide <br />similar height and canopy spread. <br />(d) Planting or replanting with native plants. <br />(e) Maintenance of access roads or pathways and channel maintenance <br />practices used to maintain stormwater conveyance and flood control <br />capacity as required by local policies, local, state and federal <br />regulations, and intergovernmental agreements. <br />(f) A public entity's removal of vegetation by mechanical or manual means <br />within a strip not to exceed 15 feet wide from publicly owned property <br />within the /WR conservation area where that property abuts private <br />property that is not within a /WR conservation area. <br />(g) Repair or replacement of a privately-owned, culverted stream crossing <br />within the same total footprint as the original culvert and crossing. <br />(h) Construction of low impact trails with no impervious surface, not to <br />exceed 3 feet in width. <br />(i) Planting or removal of plants within an area that, prior to November 14, <br />2005, was cleared of native vegetation and intentionally planted with <br />ornamental landscape plants. Expansion of the landscaped area <br />through additional clearing of naturally established native plants within <br />the /WR conservation area is prohibited. <br />U) Removal of vegetation that the city fire marshal has declared poses a <br />potential fire hazard to existing structures. Written documentation of the <br />fire marshal's declaration, including a description of the location of the <br />structure and the location of the vegetation to be removed, shall be <br />provided to the planning director prior to the removal. The removal shall <br />be limited to the extent specified by the fire marshal's declaration. <br />(k) Removal of hazardous tree(s), so long as prior to removal the property <br />owner submits to the planning director a written evaluation of each tree <br />proposed for removal prepared by a certified arborist declaring the <br />tree(s) to be hazardous and recommending immediate removal. The <br />written evaluation shall be on a form prescribed by the city manager <br />pursuant to section 2.019 City Manaqer - Administrative and <br />Rulemakinq Authority and Procedures. <br /> <br />Ordinance - 7 <br />