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A. All applications for use permits, zoning permits, design review, building permits, or other land use entitlement in the W or WS Combining District shall include written comments, recommendations and/or requirements from the following agencies, with said application(s) deemed incomplete for processing until those comments, recommendations, and/or requirements are filed by the applicant with the City of Sebastopol:

1. State Department of Fish and Wildlife.

2. U.S. Army Corps of Engineers.

3. U.S. Fish and Wildlife Service.

4. Regional Water Quality Control Board.

B. All applications for use permits, zoning permits, design review, building permits, or other land use entitlement within the W or WS Combining District shall be referred to the following agencies or organizations for comment:

1. California Native Plant Society.

2. Mosquito Abatement District.

3. Laguna de Santa Rosa Foundation.

4. Madrone Audubon Society.

5. Sonoma County Agricultural Preservation and Open Space District.

The comments, if any, by these agencies shall be considered by the City in the processing of the application(s). If comments from an agency are not received within 30 days of referral, it will be presumed that such agency(s) has no comment.

C. Applications for development only as allowed by this district of lands below the 100-year flood line within any Wetlands District shall demonstrate compliance with the requirements of, or City Council approval pursuant to, Chapter 15.16 SMC (Flood Damage Prevention) prior to conditional use permit approval.

D. A vernal pool/rare plant and native vegetation survey, pursuant to SMC 17.44.050, shall be required prior to conditional use permit approval.

E. All excavation, filling or other earthmoving activities within the WS or WF District shall be conducted in such a manner that erosion and silting of surface water runoff into a wetland area will not occur. Where areas within a WS or WF District are exposed and subject to erosion due to such excavation, filling or other earthmoving activities, native grass cover or other soil stabilizing vegetation shall be established immediately upon completion of such activities. No filling of natural lands south of Highway 12.

1. “Natural lands” are those that are below the 100-year flood elevation and are classified as riparian woodland, seasonal wetlands, annual grassland, marsh, vernal pool, pasture and oak woodland.

F. Fill or other earthmoving activities within the WS or WF District shall be permitted with a conditional use permit only. When adjacent to a W District (or wetlands area within a WF or WS District as identified by the State Department of Fish and Wildlife or the U.S. Army Corps of Engineers), upon completion of fill or similar earthmoving activities, a setback area shall be established.

G. Placement of landfill and topsoil within the allowed setback area should be accomplished before October 15th, in order to provide adequate opportunity for revegetation to occur during the ensuing growing season. Pending permanent revegetation, filled areas within WS and WF Districts should be planted with native grass cover (broadcast at a rate of not less than 100 pounds per acre), or other soil stabilizing vegetation for fast and effective control of any erosion or siltation that would otherwise occur.

H. Provisions for fencing, in order to protect the waterway channel from the effects of livestock grazing, shall be incorporated into any application for conditional use permit within the W District.

I. The safe handling, storage or disposal of any material that is known to be toxic to wetland vegetation or wildlife shall be made and guaranteed in any application for conditional use permit. No permanent repository, storage facility, or waste dump for such materials shall be permitted.

J. The type, duration and manner of use of any insecticides and/or herbicides within any Wetlands District shall have been approved by all appropriate environmental agencies.

K. Vegetation/Revegetation.

1. In conjunction with the development of properties within a WS or WF Combining District, the perimeter of such properties that is adjacent to a W District or wetlands area shall be seeded or planted to establish or reestablish a vegetation cover.

2. Areas where vegetation adjacent to wetlands vegetation has been removed or altered incidental to development or usage of land areas within a WS or WF District which occurs by reason of filling, excavation or other activities, shall be seeded or planted so as to reestablish native vegetation compatible with the character, type and density that occurred in the areas affected prior to such removal or alteration.

3. Revegetation as required by the provisions of this section shall begin as soon as practicable, but in no event later than 60 days after cessation of development, unless otherwise approved by the City. Such revegetation shall be deemed to comply with the requirements of this chapter if approved or recommended as to type, species and placement by the State Department of Fish and Wildlife and the California Native Plant Society.

L. Noncommercial minor antennas exceeding the permitted height limits, commercial minor antennas, minor telecommunications facilities, and major telecommunications facilities are not permitted in this zone, unless a finding is made by the Planning Commission that no technically feasible alternative location outside this zoning district is possible, that the facility blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable, and that the requirements of SMC 17.130.010 through 17.130.250 are met as appropriate. (Ord. 1111, 2018)