(a) The natural feature setback shall be an area or feature with boundaries and limitations determined in accordance with the standards and provisions of this chapter in relation to respective types of natural features.
(b) In conjunction with the review of plans submitted for authorization to develop property or otherwise undertake an operation in, on or adjacent to a natural feature, applicable natural feature setbacks shall be determined and authorizations and prohibitions established by the body undertaking the plan review.
(c) Within an established natural feature setback, unless and only to the extent determined to be in the public interest by the body undertaking plan review, there shall be no deposit of any material, including structures; removal of any soils, minerals and/or vegetation; dredging, filling or land balancing; and/or constructing or undertaking seasonal or permanent operations. This prohibition shall not apply with regard to those activities exempted from this prohibition in Section 1266.05.
(d) In determining whether proposed construction or operations are in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the construction or other operation, taking into consideration local, State and national concern for the protection and preservation of the natural feature in question. If, as a result of such balancing, there remains a debatable question as to whether the proposed project and/or operation is clearly in the public interest, authorization for the construction and/or operation within the natural feature setback shall not be granted. The following general criteria shall be applied in undertaking this balancing test:
(1) The relative extent of the public and private need for the proposed activity.
(2) The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity.
(3) The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the public and private use to which the area is suited, including the benefits the natural feature and/or natural feature setback provides.
(4) The probable impact of the proposed construction and/or operation in relation to the cumulative effect created by other existing and anticipated activities in the natural feature to be protected.
(5) The probable impact on recognized historic, cultural, scenic, ecological or recreational values, and on fish, wildlife and the public health.
(6) The size and quantity of the natural feature setback being considered.
(7) The amount and quantity of the remaining natural feature setback.
(8) Proximity of the proposed construction and/or operation in relation to the natural feature, taking into consideration the degree of slope, general topography in the area, soil type and the nature of the natural feature to be protected.
(9) Economic value, both public and private, of the proposed construction and/or operation, and economic value, both public and private, if the proposed construction and/or operation were not permitted.
(10) The necessity for the proposed construction and/or operation.
(Ord. 191. Passed 6-13-94.)