This chapter implements applicable provisions of the local coastal
program for ensuring the protection of environmentally sensitive resource
areas and other biological resources by providing standards for the
review, authorization, and conditioning of new development and land
uses consistent with the requirements of the California Coastal Act
and the coastal land use plan.
(Ord. of 2-22-2011(1))
The provisions of this chapter apply to the review of coastal
development permit applications for all development proposed on sites
that include, are immediately adjacent to, or are within an environmentally
sensitive habitat area (ESHA), defined as any area in which plant
or animal life or their habitats are either rare or especially valuable
because of their special nature or role in an ecosystem and which
could be easily disturbed or degraded by human activities and developments.
(Ord. of 2-22-2011(1))
Applications for development projects requiring the securement
of a coastal development permit, either independently or in conjunction
with an application for a use permit or variance shall include the
following as applicable to the development type or setting:
A.
Biological
resources report. A permit application for development on a site that
is subject to this chapter shall include a biological resources report
that complies with the following requirements:
1.
Qualifications of preparer. The report shall be prepared by individuals
approved by the city with demonstrated education, training, or experience
to prepare these plans in a professional and competent manner. Acceptance
of additional experts may be authorized by the director upon receipt
of a resume demonstrating an individual's special capabilities. The
director's decision to accept or deny a consulting biologist shall
be final.
2.
Report contents. A biological resources report shall include, but
not be limited to:
a.
A study identifying biological resources existing on the site, and
if available, the historical extent of the resources, disclosing the
history, ecology and habitat requirements of the relevant resources,
such as plants, fish and wildlife, in sufficient detail to permit
a review of functional relationships, their potential for restoration,
and present and potential adverse physical and biological impacts
on the ecosystem;
b.
An identification of "fully protected" species and/or "species of
special concern," and an identification of any other species of rarity,
including plants designated "List 1B" or "List 2" by the California
Native Plant Society, that are present or have the potential to occur
on the project site;
c.
Photographs of the site;
d.
A discussion of the physical characteristics of the site including,
but not limited to, topography, soil types, microclimate, and migration
corridors;
e.
A site map depicting the location of biological resources, both current
and historical, consisting of the following elements:
i.
Topographic Base Map. The base map shall be at a scale sufficiently
large to permit clear and accurate depiction of vegetation associations
and soil types in relation to any and all proposed development (minimum
1:2,400). Contour intervals shall be five feet, and the map should
contain a north arrow, graphic bar scale, and a citation for the source
of the base map (including the date). The map shall show the following
information:
(a)
Benchmark and survey data used to locate the project, the lines
or highest tidal action, mean high tide, or other reference points
applicable to the particular project;
(b)
Boundary lines of the applicant's property and adjacent property,
including assessor's parcel numbers, as well as the boundaries of
any tidelands, submerged lands or public trust lands;
(c)
Names and locations of adjacent or nearby roads, streets or
highways, and other important geographic, topographic and physical
features such as streams, bluffs or steep slopes;
(d)
Location, elevation, and dimensions of any levees, dikes or
flood-control channels;
(e)
Location, size, dimensions, and invert elevation of any culverts
or tide gates; and
(f)
Existing development (structures, agricultural areas, etc.);
ii.
Inundation Map. For intertidal wetlands, an inundation map showing
the inland extent of extreme higher high water. For nontidal wetlands,
the map shall indicate permanent or seasonal patterns of inundation,
including sources, in a year of normal rainfall.
iii.
Vegetation Map. Location and names of dominant plant species
(e.g., Salicornia virginica) and vegetation associations (e.g., saltmarsh).
iv.
Soils Map. If no soil survey is available, a soils map should be
prepared and should show the location of soil types and include a
physical description of their characteristics;
f.
An analysis of the potential impacts of the proposed development
on the identified habitat or species;
g.
An analysis of any unauthorized development, including grading or
vegetation removal that may have contributed to the degradation or
elimination of habitat area or species that would otherwise be present
on the site in a healthy condition. The analysis shall identify all
regulatory and restorative actions necessary to return the degraded
and/or eliminated ESHA to the pre-disturbance state, in both form
and function;
h.
Project alternatives, including project modifications and off-site
options designed to avoid and minimize impacts to identified habitat
or species;
i.
A buffer adequacy analysis consistent with the requirements of Section
17.84C.060.B, sub-Section 1 through 7, where an ESHA buffer of less
than one hundred feet is proposed;
j.
An evaluation of the impact the development may have on the habitat,
and whether the development will be consistent with the biological
continuance of the habitat. The report shall identify the maximum
feasible mitigation measures to protect the resource and a program
for monitoring and evaluating the effectiveness of the mitigation
measures. Proposed mitigation measures shall meet the following standards:
i.
They are specific, implementable, and, wherever feasible, quantifiable;
ii.
They result in the maximum feasible protection, habitat restoration
and enhancement of sensitive environmental resources. Habitat restoration
and enhancement shall be required wherever feasible, in addition to
the applicable baseline standard of either avoiding or minimizing
significant habitat disruption;
iii.
They are incorporated into a mitigation monitoring program;
and
iv.
They include substantial information and analysis to support a finding
that there is no feasible, less environmentally damaging alternative.
k.
An analysis of potential significant impacts on the habitat from
noise, sediment, and other potential disturbances that may occur during
project construction.
l.
Recommendations for conditions of approval for habitat maintenance,
and the restoration of damaged habitats, where feasible.
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In addition to compliance with this section, all development
within or adjacent to coastal wetland ESHA, shall comply with sections
17.84C.030.B, D and E, as applicable. All development within or adjacent
to rivers and streams coastal wetlands and/or riparian vegetation
ESHA, shall comply with Section 17.84C.030.C.
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B.
Wetland
delineation report for wetland ESHA. Where the biological study required
by Section 17.84C.030.A above indicates the presence or potential
for wetland species or indicators, the applicant shall additionally
submit a delineation of all wetland areas on the project site.
Wetland delineations shall be conducted according to the definitions
of wetland boundaries contained in Section 13577(b) of the California
Code of Regulations. A preponderance of hydric soils, a preponderance
of wetland indicator species, or the persistent presence of surface
or near-surface (rooting zone) hydrology, shall be considered presumptive
evidence of wetland conditions. The delineation report shall include
at a minimum: (1) a map at a scale of 1:2,400 or larger with polygons
delineating all wetland areas, polygons delineating all areas of vegetation
with a preponderance of wetland indicator species, and the location
of sampling points; and (2) a description of the surface indicators
used for delineating the wetland polygons. Paired sample points will
be placed inside and outside of vegetation polygons and wetland polygons
identified by the biologist doing the delineation.
C.
Stream
channel analysis. In addition to the biological report required by
Section 17.84C.060.A, each permit application for a project that is
situated in or within one hundred feet of rivers and streams coastal
wetlands and/or riparian vegetation ESHAs shall include a site-specific
stream channel analysis prepared by a hydrologist, civil engineer,
or other qualified professional approved by the city to identify the
precise boundary/top of bank of the subject watercourse. The director
may waive this requirement if it is determined that the project, because
of its size, location, or design will have no impact on the watercourse,
or that sufficient information already exists and further analysis
is not necessary. A required stream channel analysis shall include
all hydro-geomorphic information and materials required by the department.
The "top of bank" shall mean the upper elevation of land, having a
slope not exceeding ten percent, which confines the channel waters
flowing in the watercourse in their normal winter flow.
D.
Sediment
dredging. For projects involving the dredging and disposal of sediment
materials, each permit applications shall include a dredged materials
management plan consisting of the following items:
1.
The purpose of the dredging;
2.
The existing and proposed depths;
3.
The volume (cubic yards) and area (acres or square feet) to be dredged;
4.
Location of the dredging site(s) (e.g., estuaries, open coastal waters
or streams);
5.
The location of proposed spoils disposal;
6.
A textural grain size analysis of the spoils; and
7.
A chemical assay of the dredge spoils for the presence of contaminants.
E.
Filling
and/or diking projects. For projects involving the placement of fill
or the construction of diking, each permit applications shall provide
the following information:
1.
The type of fill or diking material to be used, including pilings
or other structures;
2.
The proposed location for the placement of the fill or diking;
3.
The quantity or volume of materials to be placed and the surface
area to be covered;
4.
A description of any proposed use of the fill or diked areas; and
5.
If the project is adjacent to a wetland or wetland buffer and may
cause mud waves, a report shall be prepared by a qualified geotechnical
engineer which explains ways to prevent or mitigate the problem.
F.
Wetland
management plan. Proposed wetland restoration and/or enhancement projects,
either as mitigation for an accompanying development project or to
be undertaken independently of a development project, shall include
a wetlands management plan prepared by a qualified wetlands expert.
The wetlands management plan shall include all of the following, and
any additional information deemed necessary by the review authority:
1.
Goals and objectives. These shall include a description of the functional
relationship of the existing and proposed wetland areas, such as habitat
area, type, topography and soil characteristics, water flow patterns
and water levels, and upland buffers. The stated goals and objectives
should also be consistent with established regional habitat goals
where possible. These regional goals must identify functions and/or
habitats most in need of replacement or restoration and must be as
specific as possible. A schedule to complete the restoration program
shall be included.
2.
Site plans. Site plans of the restoration or mitigation area shall
identify the location and size of wetland areas to be preserved, restored,
or created, and shall include the following:
a.
Grading plan. Topography at one-foot intervals, along with any grading,
excavation and/or fill plan. Submit footprints of all improvements
indicating heights of all structures as well as access routes for
maintenance and monitoring and all uses/structures within two hundred
feet of the property.
b.
Drainage plan. Water flow and drainage patterns along with any estimated
volume exchange rates.
c.
Planting plan. The location of flora and fauna habitat areas and
types, and any planting plans.
3.
Proposed techniques and standards. The application shall include,
as applicable, the following wetland preservation, restoration, and
creation techniques and standards, indicating processes, practices
and criteria used in identifying the wetlands and the adjoining upland
buffers:
a.
Watershed area and hydrology, water sources, water depths, water-control
structures, water-quality watershed area and hydrology parameters,
including treatment of urban runoff and water-level maintenance practices
needed to achieve the necessary ambient water conditions and characteristics
along with a stormwater management plan which identifies potential
pollutants and ensures that runoff is substantially free of debris,
pollutants and silt. Stormwater runoff management systems may include
treatment swales, retention ponds, and other natural treatment systems.
Treatment wetlands shall not be considered as habitat mitigation,
but may address water quality functions of the impacted wetlands;
b.
Planting plans which identify target wildlife species and specify
native plant species obtained from local source genetic stocks whenever
available, quantities, locations, size, space, or density; source
of plant materials or seeds; timing, season, water, and nutrient requirements
for planting; and, plant protection measures;
c.
Site preparation grading elevations and specifications for, if needed,
soil amendments, removal of unsuitable fill, and weed control;
d.
Measures for minimizing impacts to the wetland during grading and
construction, and for minimizing disturbances to wildlife habitat;
e.
Vector management, demonstrating ecological vector control; and
f.
Identification of disposal area for any excavated or dredged material.
4.
Implementation and monitoring plan. The wetland management plan shall
include an implementation and monitoring plan, which shall provide:
a.
Specific criteria and identification of process and responsibility
for evaluating whether or not the goals of the Wetland Management
Plan are being achieved at various stages in the development. Specifications
for irrigation as needed, removal of exotic and nuisance vegetation,
and maintenance;
b.
Responsibility schedule and reporting requirements for monitoring
the hydrology, vegetation, and wildlife of the wetland with a specified
monitoring time frame (five years minimum for brackish or tidal marshes,
and ten years for freshwater and seasonal wetlands);
c.
Procedures for the correction of deficiencies or problems in the
plan discovered after implementation, such as any needed plant substitutions,
or modifications to site hydrology;
d.
Identification of methods to ensure that the wetland will be protected
in perpetuity; and
e.
A schedule for grading, planting, and long-term maintenance.
5.
Cost estimate. A cost estimate for implementing, monitoring, and
maintaining the wetland. Performance security may be required to ensure
proper installation, monitoring, and maintenance of the wetland.
6.
Management plan. A management plan that addresses the long term fiscal,
administrative, and technical requirements to successfully execute
and maintain the wetland restoration and enhancement project. The
plan shall identify the project funding source and assign responsibilities
for the long-term maintenance of the wetland, and the management of
the necessary ongoing activities.
G.
Mitigation
monitoring program. When filling, dredging, and/or diking wetlands
for a permissible use cannot be avoided and there is a potential loss
of existing wetland habitat or value, or the development project entails
restoration and enhancement activities, a mitigation monitoring program
must be submitted with the coastal development permit application
that, when implemented, will result in the replacement of all lost
wetland functions and habitat, where feasible. A mitigation monitoring
plan can take several forms, although restoration is the most common
form submitted to the city. The city shall administer the mitigation
monitoring program; preparation and administration of the plan shall
be paid for by the project applicant. A bond or other method acceptable
to the city shall be established to guarantee successful completion
of the mitigation project. The mitigation monitoring program shall,
at a minimum:
1.
Establish clearly stated goals and objectives that provide for the
establishment of functions and values at least equal to those occurring
at the impact site. The stated goals and objectives should also be
consistent with established regional habitat goals where possible.
These regional goals must identify functions and/or habitats most
in need of replacement or restoration and must be as specific as possible.
A schedule to complete the restoration program shall be included.
2.
Provide adequate baseline data regarding the biological, physical,
and chemical criteria for the restoration area. For a restoration
plan to be deemed acceptable, it must include evidence or other conclusive
information that:
a.
The site can be purchased prior to commencement of the development
project and dedicated to a public agency or otherwise permanently
restricted in use to "open space;"
b.
The site is located in an area no longer functioning in a manner
beneficial to wetland species, such as a formerly productive wetland
or estuary that is now biologically unproductive dry land;
c.
The site can be restored to "equal or greater biological productivity"
(Coastal Act Section 30607.1) than the area lost, with the same type
and variety of plant and animal species. That is, the mitigation wetland
would replace the functions and values existing at the impacted wetland;
and
d.
The site is located in the same region e.g., preferably within the
same water body or watershed as the wetland impacted through development.
3.
Provide documentation that the project will continue to function
as a viable restored wetland site over the long-term.
4.
Provide sufficient technical detail on the restoration design. This
should include, at a minimum, an engineered grading plan and water
control structures, methods for conserving or stockpiling topsoil,
a planting program including removal of exotic species, a list of
all species to be planted, sources of seeds and/or plants, timing
of planting, plant locations and elevations on the restoration base
map, and maintenance techniques.
5.
Require independent monitoring of the site at least five years after
completion of the mitigation project. The intent is to continue monitoring
until the project has successfully met the stated goals and objectives,
therefore the monitoring plan should specifically monitor the measurable
success features of the project and adaptive management, approved
by the city, should be employed in the event that success features
are not achieved. A brief report with photographic evidence of the
site should be submitted to the department on an annual basis. For
larger projects where new wetlands are created, extended monitoring
will be required.
6.
Require annual survey for plants and animals of special concern throughout
the various habitats of the mitigation area. The surveys should permit
a determination of species composition and abundance for species of
special concern and indicator species for each major ecological stratum.
The presence/absence of terrestrial and aquatic organisms (especially
aquatic insects) that are not species of special concern should be
identified, as appropriate. Timing of the surveys should be considered,
since the abundance of many plant and animal species often varies
with season. Surveys sufficient to characterize the mitigation site
should also be completed prior to any enhancement or restoration activities.
7.
Monitor hydrology. For tidal wetlands include mapping, photographing,
and/or measuring areas and associated depths of the areas inundated
at high and low tide, tidal prism, and water velocity. For nontidal
wetlands, include mapping, photographing, and/or measuring areas and
associated depths of the areas of permanent and seasonal saturation,
inundation, and flowing waters.
8.
Provide timely analysis and production of annual reports. These reports
will be distributed to the city, the California Coastal.
9.
Monitor water quality. Carry out repetitive sampling, as appropriate,
of various chemical and physical constituents such as salinity, pH,
nutrient concentration, dissolved oxygen, temperature, and turbidity
throughout the year. The sampling pattern may vary throughout the
year and may include more intensive sampling over several tidal cycles
to determine short-term salinity patterns.
10.
Monitor for evidence of tidal wetland inundation to determine if
the depth or area of the tideland area changes in response to tidal
influx/retreat.
11.
Utilize adaptive management for the ongoing identification and correction
of problems as they arise. With city approval, the project proponent,
qualified biologist or other monitor should adopt an adaptive management
corrective approach to problems that arise as conditions warrant.
12.
Commission and other interested parties. The final monitoring report,
submitted upon completion of the monitoring program, should analyze
all monitoring data and present different management options.
(Ord. of 2-22-2011(1))
In addition to the findings for approval or conditional approval
of a coastal development permit, development authorization, or other
entitlement as required by these coastal zone zoning regulations,
the following supplementary findings, based on factual evidence, shall
be made for new development or uses occurring in or adjacent to ESHA:
A.
Generally. All approved development will be, or has been conditioned to be, consistent with the development standards of Section 17.84C.060, as applicable.
C.
Development
within coastal wetland ESHA other than rivers and streams.
1.
The development or use is:
a.
For one or more of the following permissible uses:
i.
New or expanded port, energy, and coastal-dependent industrial facilities,
including commercial fishing facilities.
ii.
Maintaining existing, or restoring previously dredged, depths in
existing navigational channels, turning basins, vessel berthing and
mooring areas, and boat launching ramps.
iii.
In open coastal waters, other than wetlands, including streams,
estuaries, and lakes, new or expanded boating facilities and the placement
of structural pilings for public recreational piers that provide public
access and recreational opportunities.
iv.
Incidental public service purposes, including but not limited to,
burying cables and pipes or inspection of piers and maintenance of
existing intake and outfall lines.
v.
Mineral extraction, including sand for restoring beaches, except
in environmentally sensitive are-as.
vi.
Restoration purposes.
vii.
Nature study, aquaculture, or similar resource dependent activities.
b.
No feasible less environmentally damaging alternative exists;
c.
Feasible mitigation measures have been provided to minimize adverse
environmental effects; and
d.
The functional capacity of the wetland is maintained or enhanced.
D.
Development
within rivers and streams coastal wetland ESHA.
1.
The development or use:
a.
Is for one or more of the following permissible uses:
i.
Necessary water supply projects.
ii.
Flood control projects where no other method for protecting existing
structures in the floodplain is feasible and where such protection
is necessary for public safety or to protect existing development.
iii.
Developments where the primary function is the improvement of
fish and wildlife habitat.
b.
Incorporates the best mitigation measures feasible.
(Ord. of 2-22-2011(1))
A.
Siting
and design. The development or use shall be sited and designed consistent
with the mitigation measures and recommendations of the approved biological
resources report.
B.
Buffer
areas. New development adjacent to ESHA shall provide buffer areas
to serve as transitional habitat and provide distance and physical
barriers to human intrusion. The purpose of this buffer area is to
provide for a sufficient area to protect environmentally sensitive
habitats from significant degradation resulting from future development.
Buffers shall be of a sufficient size to ensure the biological integrity
and preservation of the ESHA they are designed to protect. The width
of the buffer area shall be a minimum of one-hundred feet, unless
an applicant can demonstrate, after consultation with the California
Department of Fish and Game, and the city, that one-hundred feet is
not necessary to protect the resources of that particular habitat
area and the adjacent upland transitional habitat function of the
buffer from possible significant disruption caused by the proposed
development. The following criteria shall be utilized to review the
adequacy of reduced-width buffer areas:
1.
Biological significance of adjacent lands. Lands adjacent to a wetland,
stream, or riparian habitat area vary in the degree to which they
are functionally related to these habitat areas. Functional relationships
may exist if species associated with such areas spend a significant
portion of their life cycle on adjacent lands. The degree of significance
depends upon the habitat requirements of the species in the habitat
area (e.g., nesting, feeding, breeding, or resting). Where a significant
functional relationship exists, the land supporting this relationship
shall also be considered to be part of the ESHA, and the buffer zone
shall be measured from the edge of these lands and be sufficiently
wide to protect these functional relationships. Where no significant
functional relationships exist, the buffer shall be measured from
the edge of the ESHA that is adjacent to the proposed development.
2.
Sensitivity of species to disturbance. The width of the buffer zone
shall be based, in part, on the distance necessary to ensure that
the most sensitive species of plants and animals will not be disturbed
significantly by the permitted development. Such a determination shall
be based on the following after consultation with the Department of
Fish and Game, the U.S. Fish and Wildlife Service, the National Marine
Fisheries Service, or others with similar expertise:
a.
Nesting, feeding, breeding, resting, or other habitat requirements
of both resident and migratory fish and wildlife species;
b.
An assessment of the short-term and long-term adaptability of various
species to human disturbance; and
c.
An assessment of the impact and activity levels of the proposed development
on the resource.
3.
Erosion susceptibility. The width of the buffer shall be based, in
part, on an assessment of the slope, soils, impervious surface coverage,
runoff characteristics, erosion potential, and vegetative cover of
the parcel proposed for development and adjacent lands. A sufficient
buffer to allow for the interception of any additional material eroded
as a result of the proposed development shall be provided.
4.
Use natural topography. Where feasible, use hills and bluffs adjacent
to Environmentally Sensitive Habitat Areas, to buffer these habitat
areas. Where otherwise permitted, locate development on the sides
of hills away from Environmentally Sensitive Habitat Areas. Include
bluff faces in the buffer area.
5.
Use existing man-made features. Where feasible, use man-made features
such as roads and dikes to buffer environmentally sensitive habitat
areas.
6.
Lot configuration and location of existing development. Where an
existing subdivision or other development is largely built-out and
the buildings are a uniform distance from a habitat area, at least
that same distance shall be required as a buffer zone for any new
development permitted. However, if that distance is less than one
hundred feet, additional mitigation measures (e.g., planting of native
vegetation) shall be provided to ensure additional protection.
7.
Type and scale of development proposed. The type and scale of the
proposed development will, to a large degree, determine the size of
the buffer zone necessary to protect the ESHA. Such evaluations shall
be made on a case-by-case basis depending upon the resources involved,
the degree to which adjacent lands are already developed, and the
type of development already existing in the area.
Required buffer areas as determined by an approved biological report prepared pursuant to Section 17.84C.030A, or as authorized to be reduced to less than one hundred feet in width, shall be measured from the following points as applicable:
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The low-tide extent periphery of off-shore rocks and intertidal
ESHA.
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The mean high tide line for intertidal zone ESHA.
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The perimeter of the sand dune/permanently established terrestrial
vegetation interface for sand dune ESHA.
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The upland edge of a wetland for a wetland ESHA.
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The outer edge of the canopy of streamside vegetation for riparian
vegetation ESHA, or from the top of stream bank where no riparian
vegetation exists.
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The outer edge of the plants that comprise the rare plant community
for rare plant community ESHA.
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C.
Compensatory
mitigation. Where any dike and/or fill development is permitted in
conformity with these coastal zone zoning regulations, mitigation
measures shall include, at a minimum, either acquisition of equivalent
areas of equal or greater biological productivity; provided however,
that if no appropriate restoration site is available, an in-lieu fee
sufficient to provide an area of equivalent productive value or surface
area (including any litigation and/or restoration costs) shall be
dedicated to an appropriate public agency, or such replacement site
shall be purchased before the dike or fill development may proceed.
Such mitigation measures shall not be required for temporary or short-term
fill or diking; provided, that a bond or other evidence of financial
responsibility is provided to assure that restoration of the project
site will be accomplished in the shortest feasible time.
D.
Where
dredging is permitted in conformity with these coastal zone zoning
regulations, mitigation measures must at least include the planning
and implementation of dredging and spoils disposal which avoids significant
disruption of wetlands habitat and/or water circulation, consideration
of limitations upon timing of the operation, type of operation, quality
of dredge material removed and location of the spoil site, and, where
feasible, the transportation of dredge spoils suitable of beach replenishment
to appropriate beaches or into suitable longshore current systems.
E.
Where
diking, filling, or dredging are permitted in conformity with these
coastal zone zoning regulations, the development must maintain or
enhance the functional capacity of the existing sensitive habitat
area. Functional capacity means the ability of the wetland or estuary
to be self-sustaining and to maintain natural species diversity. In
order to establish that the functional capacity is being maintained,
the applicant must demonstrate all of the following:
1.
That the project does not alter presently occurring plant and animal
populations in the ecosystem in a manner that would impair the long-term
stability of the ecosystem; i.e., natural species diversity, abundance
and composition are essentially unchanged as a result of the project;
2.
That the project does not harm or destroy a species or habitat that
is rare or endangered;
3.
That the project does not eliminate a species or habitat that is
essential to the natural biological functioning of the wetland or
estuary;
4.
That the project does not significantly reduce consumptive (e.g.,
fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality
and research opportunity) values of the wetland or estuarine ecosystem.
F.
Where
development is permitted within a stream or river the following requirements
must be met:
1.
All channelizations, dams, or other substantial alterations of rivers
and streams shall incorporate the best mitigation measures feasible
to minimize adverse environmental effects. Substantial alterations
shall include channelizations, dams, or comparable projects which
significantly disrupt the habitat value of a particular river or stream.
A development which does not significantly disrupt the habitat value
of a particular river or stream is one which maintains or enhances
the functional capacity of that river or stream. Roads and bridges
necessary to cross streams and rivers may be permitted if there is
no feasible less environmentally damaging alternative and if feasible
mitigation measures have been provided to minimize adverse environmental
effects.
3.
Boating facilities constructed in streams are subject to the same
requirements as boating facilities constructed elsewhere.
G.
ESHA
restoration and enhancement. All ESHA restoration and enhancement
work, whether required as mitigation to offset impacts of development
or proposed independent of a development project, shall be conducted
in conformance with the approved mitigation management plan and monitoring
program.
H.
Vegetation
removal. Existing native vegetation shall not be removed within an
ESHA unless authorized through coastal permit approval to accommodate
approved construction. Vegetation removal limited to tree branch lopping,
shrub pruning, and the mowing of grasses and forbs within thirty feet
to reduce fire and other hazards may be approved by the director without
a coastal development permit. After construction, unpaved areas shall
be replanted to provide for the reestablishment of a one-hundred percent
vegetation cover within two years. At five years, the site should
support the same habitat as that removed. Plant species that would
provide bank stability and habitat enhancement should be used where
applicable. Remedial actions (e.g., planting of native species and
removal of invasive horticultural species) should be implemented as
necessary to ensure that the site will consist of at least seventy-five
percent native species at the end of five years.
I.
Landscaping. A landscaping plan shall be submitted to the city for approval prior to construction for any site where development will disturb existing or potential native plant habitat. The plan shall provide for vegetation restoration in compliance with subsection A above. Landscaping with exotic plants shall be limited to outdoor living space immediately adjacent to the proposed development. Invasive non-native plants including but not limited to pampas grass (Cortaderia sp.), acacia (Acacia sp.), broom (Genista sp.), English ivy (Hedera helix), and iceplant (Carpobrotus sp., Mesembryanthemum sp.) pose a threat to indigenous plant communities. No plant species listed as problematic and/or invasive by the California Native Plant Society, the California Invasive Plant Council, or listed as a "noxious weed" by the governments of the State of California or the United States shall be approved as part of any proposed landscaping.
J.
Fencing.
Fencing within or adjacent to ESHAs shall be restricted to that which
will not impact public views or the free passage of native wildlife,
and shall employ design and materials determined by the review authority
to be compatible with the visual and biological character of the habitat.
K.
Resource
protection during construction. Habitat areas containing vegetation
that is essential to the maintenance of the habitat and/or rare or
endangered plant or animal species shall be protected from disturbance
by construction activities. Temporary wire mesh fencing shall be placed
around habitat prior to construction, and protected areas shall not
be used by workers or for the storage of machinery or materials. Inspections
for compliance shall occur during construction.
L.
Herbicide
use. The use and disposal of any herbicides for invasive species removal
shall follow the written directions of the manufacturer, shall comply
with all conditions imposed by the city, and shall be accomplished
in a manner that will fully protect adjacent native vegetation and
coastal water quality.
M.
Rodenticide
use. Rodenticides containing any anticoagulant compounds, including,
but not limited to, bromadiolone or diphacinone shall not be used.
(Ord. of 2-22-2011(1))
