35.30.040 Regulations – Shoreline buffer averaging.
(1) The Administrator may approve, without a shoreline variance, a reduction in the shoreline buffer widths through buffer averaging. The averaging shall only be allowed when necessary to accommodate a single-family residential development or a water-dependent or water-related development in those limited instances when adherence to the standard buffer is infeasible or presents a substantial hardship because of site conditions, lot configuration or other circumstances. To ensure no net loss of buffer area, the buffer width may be reduced in one location and increased in another location to maintain the same overall buffer area. Residential subdivisions and non-water-dependent/non-water-related developments shall not be eligible for buffer averaging except through a shoreline variance. Proposals for buffer averaging shall not require a shoreline variance or compensatory mitigation if all of the following conditions are met:
(a) Total area of buffer area remains the same and the buffer meets the stem density and/or percent cover targets defined in CCC 35.30.030(4). The Administrator shall require planting or enhancement of the buffer to meet the stated density and/or cover targets if the existing vegetation conditions of the buffer do not meet the density and/or cover targets.
(b) The width of the reduced portion of the buffer shall be at least 75 percent as wide as the required buffer (in other words, if the required buffer width required in Table 6-1 is 100 feet wide, the reduced portion must be at least 75 feet wide).
(c) The reduced portion of the buffer cannot exceed 40 percent of the buffer length (water frontage). In other words, the buffer width along 60 percent of the buffer length must remain unreduced. For example, in a 100-foot-long segment of water frontage, a reduced buffer width may be applied to 40 feet of length.
(d) The proposed development incorporates stormwater management best management practices to address drainage, runoff and other slope stability issues.
(e) All other requirements of this Program, including the critical area requirements of Chapter 35.35 CCC, are met.
(2) Buffer Reduction Requiring a Variance. Shoreline use and development proposals that do not meet the minimum shoreline buffer width requirements identified in CCC 35.30.030 or buffer averaging requirements of this section shall require a shoreline variance in accordance with Chapter 35.50 CCC.