The Goleta Slough Reserve Zone is established in order to protect,
preserve and maintain the environmentally sensitive habitat areas
of the Goleta Slough for the benefit and enjoyment of future generations.
The intent of this chapter is to ensure that any development in or
adjacent to any wetland area is designed to preserve the wetland as
it exists or improve the habitat values of the Goleta Slough Reserve
Zone.
Land classified in the G-S-R Zone may also be classified in
another zone. Where a conflict occurs between the provisions in this
chapter and other laws or other regulations effective within the City,
the more restrictive of such laws or regulations shall apply.
(Ord. 4375, 1986; Ord. 4674, 1991)
A. Coastal development permit required. In addition to any other permits or approvals required by the City hereafter, a Goleta Slough Coastal Development Permit shall be required prior to commencement of any development within the Goleta Slough Reserve Zone, unless specifically excluded. A Coastal Development Permit under the provisions of Chapter
28.44, Chapter
30.35 and Chapter
30.210, shall not be required if the proposed project is only in the G-S-R and CZ Zones; however, a Goleta Slough Reserve Coastal Development Permit shall be required, unless specifically excluded. If a development is in another zone in addition to the G-S-R and CZ zones, both a Coastal Development Permit under this chapter and under Chapter
28.44 shall be required, unless specifically excluded. If a development is excluded from a Goleta Slough Coastal Development Permit, as stated in Section
29.25.040 of this chapter, it shall also be excluded from a Coastal Development Permit under Chapter
28.44, Chapter
30.35 and Chapter
30.210 of this code.
B. Permit process. The regulations set forth in Chapters
28.44,
30.35, and
30.210 of this code, except as they pertain to the application for a separate Coastal Development Permit, shall apply to the processing of a Goleta Slough Coastal Development Permit application.
C. Submittal
requirements. In addition to the information required to be submitted
with an application for a Coastal Development Permit, or any other
application requirements of the Community Development Department,
the following information must be submitted with an application for
a Goleta Slough Coastal Development Permit:
1. Development
Plan: A development plan, clearly and legibly drawn, the scale of
which shall be large enough to show clearly all details thereof and
shall contain the following information:
a. Contour lines of existing grade with a minimum of two foot intervals;
b. Dimensions of proposed development and location of proposed use with
scale, date and north arrow;
c. Finished grade contours after completion of development or use clearly
showing the location of all proposed grading, cut and fill;
d. The location of proposed access to the development site during construction
and after the project is completed;
e. The location for the stockpiling of any dredged materials or storage
of supplies and equipment during or after construction;
f. Habitat mapping and impact assessment by a qualified wetland biologist identifying all upland and wetland habitat locations within at least 100 feet from any development, access way, storage site or disturbed area and discussion of any impacts to the wetland or the 100 foot buffer along the periphery of the wetland. Wetland delineations shall be prepared in accordance with the definitions of Section 13577(b) of Title
14 of the
California Code of Regulations;
g. An identification of habitat area that supports rare, threatened,
or endangered species that are designated or candidates for listing
under State or Federal law, "fully protected" species and/or "species
of special concern," and plants designated as rare by the California
Native Plant Society;
h. Water Quality Mitigation Plan (WQMP) and Stormwater Pollution Prevention
Plan (WQMP) and Stormwater Pollution Prevention Plan (SWPP) details
consistent with the criteria of LUP Policies C-12 and C-13.
2. Written
description of the project including the purpose of the project and
an anticipated schedule for construction and completion.
3. Elevations
of the proposed structure from all sides.
4. Written
comment on the proposed use or development from the State of California
Department of Fish and Game. Review by the Department of Fish and
Game shall be coordinated through the City of Santa Barbara Community
Development Department Staff.
5. An
identification and description of rare, threatened, or endangered
species, that are designated or candidates for listing under State
or Federal law, and identification of "fully protected" species and/or
"species of special concern," and plants designated as rare by the
California Native Plants Society, and avoidance, mitigation, restoration
and monitoring measures/plan details consistent with the criteria
of LUP Policies C-14 and C-15; and
6. Written
description and impact assessment of sensitive archaeological or other
culturally sensitive resources and details of avoidance, mitigation
and monitoring measures necessary to avoid potential impacts.
7. Other
information reasonably required by the Community Development Department.
D. Noticing. Refer to Chapter
28.44, Chapter
30.35 and Chapter
30.210 for noticing requirements.
(Ord. 4375, 1986; Ord. 4674, 1991; Ord. 5025, 1997; Ord. 5267, 2003; Ord. 5417, 2007; Ord. 5798, 2017)
The following uses are permitted in the Goleta Slough Reserve
Zone upon the issuance of a Goleta Slough Coastal Development Permit
unless specifically exempted.
A. Restoration
projects in which restoration and enhancement are the sole purposes
of the project.
B. Incidental
public service purposes, including, but not limited to, installation,
burying cables and pipes or inspection of piers, and maintenance of
existing intake and outfall lines, where the project is necessary
to maintain an existing public service and where it has been demonstrated
that there is no feasible less environmentally damaging alternative,
and where feasible mitigation measures have been provided to minimize
adverse environmental effects.
C. Nature
study, bird watching, aquaculture, or other similar resource dependent
activities.
D. Alteration
of rivers or streams only for the following purposes:
1. Necessary
water supply projects; or
2. Flood
control projects where no other method for protecting existing structures
in the flood plain is feasible and where such protection is necessary
for public safety or to protect existing development; or
3. Developments
where the primary function is the improvement of fish and wildlife
habitat.
E. Repair
or maintenance activities of existing areas or facilities which do
not result in an addition to or enlargement or expansion of the object
of such repair or maintenance, unless exempted under Section 29.25.040.A.
F. Other
uses deemed consistent with the intent and purposes of this chapter
and allowed under
Public Resources Code Section 30233.
(Ord. 4375, 1986; Ord. 4674, 1991; Ord. 5267, 2003)
A Goleta Slough Coastal Development Permit is not required for
the following activities and uses:
A. Maintenance
Activities:
1. Trimming
of vegetative growth within the extended runway safety area and flight
control area in accordance with FAA regulations, as required.
2. Mowing
of grass and maintenance in accordance with FAA requirements of areas
directly adjacent to and parallel to the runways and taxiways within
135 feet of the existing paved surface.
3. Maintaining
the existing approach lighting system and access road, the existing
glide slope, the existing Airport Surveillance Radar and access road,
the existing Airport patrol road running along the perimeter of the
Slough, and safety related facilities and uses necessary to maintain
existing airport capacity and operations.
4. On-going
mosquito abatement and related maintenance activities such as monitoring
of adult and larval mosquito activity including weekly surveillance
and collections at likely breeding locations and control measures
which consist primarily of hand spraying of larvicidal oil.
5. Utilities
existing at the time of the initial adoption of this section.
B. Public
access to the Slough for educational purposes or bird watching when
the individual or group has complied with the following Slough Public
Access procedures. Any person wishing to enter the Goleta Slough who
is not an employee of the City of Santa Barbara, the Goleta Valley
Mosquito Abatement District, the Santa Barbara Flood Control District
or the California Department of Fish and Game shall complete a "Santa
Barbara Municipal Airport/Goleta Slough Access Release, Indemnity
and Assumption of Risk Agreement" and have said form approved by the
Santa Barbara Municipal Airport Director prior to entering the Goleta
Slough.
C. Activities
In Areas Designated as SBa-52:
1. Maintenance
of the Indian burial site as specified in Agreement #11,256 between
the City of Santa Barbara and the Indian Center of Santa Barbara,
Inc.; and
2. Re-interment
of Native American human burial remains found during archaeological
work or from archaeological sites as specified in Agreement #11,256
between the City of Santa Barbara and the Indian Center of Santa Barbara,
Inc.
Additional activities such as the clearing of channels, digging
of ditches, desilting, and dredging activities shall require a Goleta
Slough Coastal Development Permit.
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(Ord. 4375, 1986; Ord. 4674, 1991; Ord. 4723, 1991; Ord. 5267, 2003)
Prior to the approval of a Goleta Slough Coastal Development
Permit by the Planning Commission, or City Council upon appeal, all
of the following must be found:
A. The
project is consistent with the City's Coastal Land Use Plan and all
applicable provisions of the Code.
B. The
project is consistent with the policies of the California Coastal
Act.
C. The
proposed use is dependent upon the resources of the environmentally
sensitive area or the proposed use is found to be consistent with
Section 30233 of the Coastal Act.
D. Development
in areas adjacent to an environmentally sensitive area shall be designed
to prevent impacts which would significantly degrade such area and
shall be compatible with the continuance of such habitat.
E. A natural
buffer area of 100 feet will be maintained in an undeveloped condition
along the periphery of all wetland areas. Where development of the
Airfield Safety Projects renders maintenance of a 100 foot buffer
area between new development and delineated wetlands infeasible, the
maximum amount of buffer area is provided and all impacts to wetland
habitat will be mitigated to the maximum extent feasible such that
no net loss of wetland habitat occurs.
F. The
proposed use shall be carried out in a manner that will sustain the
biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long-term
commercial, recreational, scientific and educational purposes.
G. The
proposed project includes adequate impact avoidance and mitigation
measures to ensure protection of rare, threatened, or endangered species,
that are designated or candidates for listing under State or Federal
law, "fully protected" species and/or "species of special concern,"
and plants designated as rare by the California Native Plan Society.
H. There
is no less environmentally damaging alternative to the proposed development,
all feasible mitigation measures have been provided to minimize adverse
environmental effects and, if applicable:
1. All
dredged spoils shall be removed from the wetland area to avoid significant
disruption to wildlife habitat and water circulation.
2. Diking,
filling or dredging in the Goleta Slough shall maintain or enhance
the functional capacity of the wetland or estuary.
I. Channelizations
or other substantial alteration of rivers and streams shall incorporate
the best mitigation measures feasible.
J. Archaeological
or other culturally sensitive resources within the Goleta Slough are
protected from impacts of the proposed development.
K. The
proposed use shall minimize any adverse effects of wastewater discharges,
run-off and interference with surface water flow.
L. Sedimentation
from the proposed development has been reduced to a minimum and is
compatible with the maintenance of the wetland area.
M. The
proposed project enhances public educational or recreational opportunities
at the Goleta Slough including, but not limited to:
1. Providing
area(s) and facilities on the periphery of the wetland for recreational
and educational use of the Slough; or,
2. Developing
educational tour routes and procedures for such tours in dry land
areas of the Slough. Educational/explanatory signs shall be included
as part of any walking tour or viewing facilities project.
(4375, 1986; Ord. 4674, 1991; Ord. 5267, 2003)
The City shall enter into a binding agreement with the State
Department of Fish and Game, or successor agency, to establish the
Slough as a part of an ecological preserve system for the purpose
of management, preservation, enhancement, and where feasible restoration
of the Goleta Slough.
The City shall participate in a management plan for the ecological
management of the Slough. The plan should provide for management,
preservation, enhancement, and where feasible, restoration of the
Goleta Slough.
(Ord. 4674, 1991)