Chapter 18.38 COASTAL RESOURCE CONSERVATION STANDARDS

The specific purpose and intent of these coastal resource conservation standards are to:

Limit or prohibit urban development within coastal resource areas that would have adverse impacts on those resources designated in the city local coastal program land use plan;

Ensure that the siting and design of developments in the city does not significantly degrade sensitive habitat areas and maintains the biological productivity of those habitats;

Minimize the loss of vegetation and limit increased erosion and sedimentation in the riparian corridors associated with the two perennial streams, Frenchman's Creek and Pilarcitos Creek, including the Arroyo Leon tributary, and one intermittent stream, Arroyo Canada Verde, within the city;

Limit access into sensitive habitats where necessary to preserve their biological productivity;

Identify and protect the habitats of rare, endangered or unique species, as defined in state and federal law, within the city;

Ensure that important archaeological resources within the city are identified and protected from the adverse effects of new development;

Encourage improved access to the beaches and bluffs along the coast as part of the establishment and development of recreational areas, both public and private, in the city;

Ensure more focused protection by specifying permitted uses and performance criteria for different types of habitats;

Ensure restoration of damaged sensitive habitats; and

Balance coastal act requirements for protection of fragile resources with requirements for the provision of shoreline access while keeping in mind that the protection of environmentally sensitive habitats has highest priority.

(1996 zoning code (part))

§ 18.38.015 Applicability.

The requirements and standards of this chapter shall apply to all development within any zoning district in the city except the following activities:

The continuance of any pre-existing nonagricultural use, provided such use has not lapsed for a period of one year or more. This shall include any change of use which does not significantly increase the degree of encroachment into or impact upon the sensitive habitat as determined by the community development director.

The continuance of any pre-existing agricultural use, provided such use has been exercised within the last five years.

All activities listed in the California Food and Agricultural Code pursuant to the control or eradication of a pest as defined in Section 5006, Food and Agricultural Code, as required or authorized by the county agricultural commissioner.

Any category of development that is exempt from coastal development permitting requirements pursuant to Section 30610 of the Coastal Act as implemented by Title 14, Sections 13250, 13252, and 13253, of the California Code of Regulations, and Chapter 18.20 of the zoning code.

(1996 zoning code (part); Ord. O-2-06 § 5, 2006; Ord. C-2015-04 § 1(part), 2015)

§ 18.38.020 Coastal resource areas.

The community development director shall prepare and maintain maps of all designated coastal resource areas within the city. Coastal resource areas within the city are defined as follows:

Sensitive Habitat Areas. Areas in which plant or animal life or their habitats are either rare or especially valuable, and/or as designated on the habitat areas and water resources overlay map. Areas considered to be sensitive habitats are listed below.

Sensitive Habitat
1.	Sand dunes.
2.	Marine habitats.
3.	Sea cliffs.
4.	Riparian areas.
5.	Wetlands, coastal tidelands and marshes, lakes and ponds and adjacent shore habitats.
6.	Coastal and off-shore areas containing breeding and/or nesting sites or used by migratory and resident water-associated birds for resting and feeding.
7.	Areas used for scientific study and research concerning fish and wildlife, and existing game or wildlife refuges and reserves.
8.	Habitats containing or supporting unique species or any rare and endangered species defined by the State Fish and Game Commission.
9.	Rocky intertidal zones.
10.	Coastal scrub community associated with coastal bluffs and gullies.

Riparian Area and Corridor. Any area of land bordering a perennial or intermittent stream or their tributaries, or around a lake or other body of fresh water, including its banks and land at least up to the highest point of an obvious channel or enclosure of a body of water. Riparian corridors are the areas between the limits of riparian vegetation, where limits are determined by vegetative coverage, at least fifty percent of which is comprised of a combination of the following plant species: red alder, jaumea, pickleweed, big leaf maple, narrow-leaf cattail, arroyo willow, broadleaf cattail, horsetail, creek dogwood, black cottonwood, and box elder. These areas and corridors are sensitive habitats requiring protection. Man-made irrigation ponds having over two thousand five hundred square feet of surface area are exempt.

Bluff, Cliff and Sea-Cliff. Bluff, cliff and sea-cliff definitions:

A bluff or cliff is a scarp or a steep face of rock, decomposed rock, sediment or soil resulting from erosion, faulting, or folding of the land mass with a vertical relief of ten feet or more.

Seacliff is defined as a cliff whose toe is subject to marine erosion.

Bluff-edge or cliff-edge is defined as the upper termination of a bluff, cliff, or sea-cliff.

Where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff face, the edge shall be defined as that point nearest the cliff beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the cliff.

Where the top edge of the cliff is a step-like feature, the landward edge of the topmost riser shall be considered the cliff edge.

Wild Strawberry Habitat. Any undeveloped areas within one half mile of the coast.

Wetlands. As defined by the U.S. Fish and Wildlife Service, a wetland is an area where the water table is at, near, or above the land surface long enough to bring about the formation of hydric soils or to support the growth of plants which normally are found to grow in water or wet ground. Such wetlands can include mud flats (barren of vegetation), marshes, and swamps. Such wetlands can be either fresh or saltwater, along streams (riparian), in tidally influenced areas (near the ocean and usually below extreme high water of spring tides), marginal to lakes, ponds, and man-made impoundments. Wetlands do not include areas which in normal rainfall years are permanently submerged (streams, lakes, ponds, and impoundments), nor marine or estuarine areas below extreme low water of spring tides, nor vernally wet areas where the soils are not hydric.

Archaeological Resource Areas. Any area shown in the Half Moon Bay local coastal program land use plan map of potential archeological resources as potentially containing archaeological resources. Specific areas are:

The coastal strip where exploitable resources occurred;

All major creek shores, such as Pilarcitos, Arroyo Leon, and Frenchman's Creek;

All minor inland water courses, including historic or prehistoric springs, streams or marshes;

The foothill strip above the over two hundred foot elevation;

Areas of prehistoric site evidence and pertinent historic places such as cemeteries, houses and buildings; and

Isolated hills and knolls.

(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)

§ 18.38.025 Amendments to coastal resource area maps.

Amendments to coastal resource area maps shall be made as prescribed for amendments to zoning district boundaries in this title.

(1996 zoning code (part))

§ 18.38.030 Required reports.

Biological, archeological and geological reports shall be required as set forth in Sections 18.38.035, 18.38.040, and 18.38.045. Required reports shall be prepared by a qualified professional selected by the city in accordance with established city procedures. Unless otherwise specified herein, all required biological, archaeological, and geological reports shall be performed by a consultant selected by the city and paid for by the applicant.

Report Requirements. The following requirements apply to reports.

Reports shall identify significant impacts on identified coastal resources on the project site that would result from development of the proposed project.

Reports shall recommend feasible measures to mitigate any significant impacts and to protect the identified coastal resource. The adequacy of these measures shall be evaluated under a program developed jointly by the applicant and the community development director. These measures may include, but are not limited to:

Changes in development intensity;

Siting of buildings, structures or paving; and

Limitations on the timing and location of construction.

Reports shall contain a proposed monitoring and reporting program to ensure that development conditions imposed are adequately being carried out and that significant impacts on the coastal resources have not occurred.

Reports shall be reviewed by the city for consistency with this title and with the California Environmental Quality Act.

Reports shall be completed to the satisfaction of the community development director prior to the determination that a required development permit application is considered complete.

Exceptions. The community development director may grant exceptions to the requirements of this chapter if he or she finds that existing studies adequately fulfill the requirements of this chapter, provided such studies were prepared by a qualified professional as a part of a previously certified final EIR in accordance with the provisions of this chapter.

(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)

§ 18.38.035 Biological report.

When Required. The community development director shall require the applicant to submit a biological report, prior to development review, prepared by a qualified biologist for any project located in or within one hundred feet of any sensitive habitat area, riparian corridor, bluffs and sea-cliff areas, and any wetland.

Exception. The development of one single-family dwelling within a designated wild strawberry habitat area and not within any other designated coastal resource area shall not be subject to this requirement.

Report Contents. In addition to meeting the requirements of Section 18.35.030, the biological report shall contain the following components:

Mapping of Coastal Resources. The biological report shall describe and map existing wild strawberry habitat on the site, existing sensitive habitats, riparian areas and wetlands located on or within two hundred feet of the project site.

Description of Habitat Requirements.

For Rare and Endangered Species. A definition of the requirements of rare and endangered organisms, a discussion of animal predation and migration requirements, animal food, water, nesting or denning sites and reproduction, and the plants, life histories and soils, climate, and geographic requirements.

For Unique Species. A definition of the requirements of the unique organism; a discussion of animal food, water, nesting or denning sites and reproduction, predation, and migration requirements; and a description of the plants, life histories and soils, climate, and geographic requirements.

Distribution of Report. Any biological report prepared pursuant to this title shall be distributed to the U.S. Fish and Wildlife Service, the Army Corps of Engineers, the California coastal commission, the state Department of Fish and Game, the regional water quality control board, and any other federal or state agency with review authority over wetlands, riparian habitats, or water resources.

The biological report shall be transmitted to each agency with a request for comments from each agency with jurisdiction over the affected resource on the adequacy of the report and any suggested mitigation measures deemed appropriate by the agency.

Included within the transmittal of the biological report to the various agencies shall be a request for comments to be transmitted to the community development director within forty-five days of receiving the report.

(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)

§ 18.38.040 Archaeological report.

When Required. The applicant shall have prepared, by a qualified archeologist an archaeological report for any development project located within any designated archaeological resource area, where a recorded archaeological site identified in local coastal program land use plan Figure 6.1 is located on or within one hundred feet of the project site, and for any public projects as defined in Section 18.38.095B located within the mapped areas.

Report Contents. In addition to meeting the report requirements listed in this title, the archaeological report shall contain the following components:

Identification of Unique Archaeological Resources. In that portion of any development of one acre or more, as indicated on the land use plan map, which is also within an area designated on the map of potential archaeological resources, an archaeological survey of the project site shall be undertaken as a part of the preparation of a specific plan for development. The archaeological report shall describe the findings of the survey, conducted by a qualified professional. The report shall:

Evaluate whether unique archaeological resources are present or are likely to be present on the project site;

Consider the impacts of the development proposed; and

Recommend mitigation measures.

Mitigation Measures. All feasible mitigation measures shall be incorporated in any specific plan or development plan prior to the issuance of a permit for development. Mitigation measures may include, but are not limited to:

Site sampling or salvage;

Limiting the timing or location of construction activities to avoid existing or potential resources; and

Covering the site with fill.

Monitoring and Reporting Program. The monitoring and reporting program shall ensure that where unique archaeological resources are present, the development conditions imposed are adequately being carried out and that significant impacts on the archaeological resources have not occurred.

(1996 zoning code (part))

§ 18.38.045 Geological report.

When Required. The applicant shall submit a geological report for shoreline structures, for any structure to be built within one hundred feet of the bluff edge, any sea wall or cliff-retaining structure, and projects which involve substantial alteration of waterways, and for any development in areas of known geologic hazards, including but not limited to those indicated on the LUP geologic hazards map or in any area known to contain expansive soils or to be subject to subsidence.

Report Contents. All geologic reports prepared pursuant to this chapter shall include an evaluation of the proposed development's adjacency to, threats from, and impacts on geologic hazards arising from seismic events, and from any other hazardous event or situation potentially affecting the particular parcel(s) on which the development is proposed, e.g., flooding, tsunami run-up, landslides, or other geologic conditions such as expansive soils and subsidence areas. The evaluation shall recommend mitigation measures to ensure the elimination or reduction of identified hazards, including, as appropriate to location or project specifics, measures to minimize erosion problems during and after construction and to ensure that development will not contribute to flood hazards. In addition to including these contents required for all geologic evaluations, the geologic reports prepared for bluff and cliff top development and for sea walls and cliff retaining structures shall include the information specified below:

Bluff and Cliff Top Development. This evaluation shall focus on the base, face and top of all bluffs and cliffs, where the extent of bluff top to be considered is generally fifty feet inland from the bluff edge, but may extend inland beyond fifty feet in certain instances. The evaluation shall contain the following information:

Evaluation Information
1.	A study of past, present, and future cliff erosion.
2.	An analysis of cliff geometry and site topography.
3.	A description of geologic conditions.
4.	Evidence of past or potential landslide conditions and potential effects upon development and vice versa.
5.	A study of wave and tidal action as to their erosion of sea cliffs.
6.	An analysis of sound and surface water conditions and variations.
7.	A discussion of effects of proposed development, including siting and design of structures, landscaping, drainage, grading and impacts of construction activity on the stability of the site and adjacent area, and any other factors that might affect slope stability.
8.	For any structure to be built within one hundred feet of the bluff edge, an assessment of the prospective hazard to the structure.

Sea Walls and Cliff-Retaining Structures. The geological report for sea wall or cliff-retaining structures shall indicate that the structure will succeed in stabilizing that portion of the shoreline which is subject to severe erosion and will not aggravate erosion in other shoreline areas.

(1996 zoning code (part))

§ 18.38.050 Environmental evaluation standards.

Projects proposed within coastal resource areas shall be evaluated in an initial study and any necessary subsequent CEQA documents according to the following general standards (in addition to those set forth in CEQA guidelines):

Development and land use:

Shall be prohibited when significant adverse impacts on coastal resource areas would occur as a result.

Shall be sited and designed to prevent impacts that could significantly degrade adjacent sensitive habitat areas or significantly degrade areas adjacent to sensitive habitat areas.

Shall be compatible with the maintenance of biologic productivity of any adjacent sensitive habitat areas.

Shall be permitted within sensitive habitat areas only if they are resource-dependent uses or other uses which will not have any significant adverse environmental impacts, and if the uses comply with U.S. Fish and Wildlife Service and state Department of Fish and Game regulations.

Shall assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural land forms along bluffs and cliffs, and shall minimize risks to life and property in hazard areas.

Shall comply with the restrictions listed in this title for each coastal resource area, and with all other applicable sections of the city's local coastal program land use plan.

The initial study:

Shall evaluate the proposed uses and development within any coastal resource areas in terms of their dependence upon the coastal resources.

Shall determine whether the proposed uses are sited and designed so as to prevent impacts which would significantly degrade areas adjacent to a sensitive habitat.

Shall review the feasibility of partial or total restoration of damaged sensitive habitat(s).

Shall determine whether proposed development is sited and designed so as to avoid or minimize destruction or significant alteration of significant existing plant communities identified in the general plan, including riparian vegetation and notable tree stands.

Shall evaluate projects to ensure the protection of riparian corridors of streams, lakes and other bodies of fresh water as designated on the habitat areas and water resources overlay, and any other riparian areas, except for man-made irrigation ponds over two thousand five hundred square feet surface area.

Shall evaluate the project's conformance with the restrictions listed in this title for each coastal resource area, and with all other applicable sections of the city's local coastal program land use plan.

(1996 zoning code (part))

§ 18.38.055 Environmental impact reports.

At the discretion of the community development director, a project applicant may use the analysis contained in an environmental impact report prepared under the California Environmental Quality Act or an environmental impact statement prepared under the federal Environmental Policy Act to fulfill the requirements of this title.

Use of Environmental Impact Report on Project. The community development director may allow an applicant to substitute the analysis in an environmental impact report on a project for a geological, biological or archaeological report on the same project, if the community development director determines that the environmental impact report adequately meets the requirements for geological, biological or archaeological reports listed in this title.

Determination of Adequacy. The community development director shall determine whether the environmental impact report adequately meets the requirements for a geological, biological or archaeological report as set forth herein prior to the preparation of the draft environmental impact report. The community development director shall make any determination of inadequacy in writing, giving reasons for a finding of inadequacy and listing any changes needed to be in the environmental impact report for it to adequately substitute for the geological, biological, or archaeological report.

Use of Previously Prepared Environmental Impact Report. The community development director may accept the information and analysis contained in a previously prepared environmental impact report required under the California Environmental Quality Act in lieu of a new geological, biological, or archaeological report if the community development director determines that:

The environmental impact report adequately meets the requirements for geological, biological or archaeological reports listed in this chapter; and

The environmental impact report was prepared for either a previous project on the project site or a project on a directly adjoining site;

In order to use any previously prepared biological report pursuant to this section, the biological report must have been a part of a certified final EIR that was accepted as complete and adequate no more that one year prior to the date of submittal;

In order to use any previously prepared geological report pursuant to this section, the geological report must have been a part of a certified final EIR that was accepted as complete and adequate no more than five years prior to the date of submittal;

In order to use any previously prepared archaeological report pursuant to this section, the archaeological report must have been a part of a certified final EIR that was accepted as complete and adequate no more than five years prior to the date of submittal.

(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)

§ 18.38.060 Sand dunes.

For purposes of this title, a sand dune is defined as a mound, ridge, or hill of loose sands heaped up by the wind. The following regulations are applicable to sand dune areas defined in this title and designated on the city's coastal resource map.

Permitted Uses.

Education and research;

Trails;

Dune stabilization activities;

Underground utilities, only when no feasible or practical alternative exists.

Prohibited Uses.

All nonauthorized motor vehicles;

Any activity which alters the profile of an active dune or which results in the disturbance or removal of dune vegetation on active dunes;

Direct removal or excavation of sand from active dunes.

Standards.

Pedestrian traffic must be controlled and trails for public access to the beach shall be roped along the trail edges;

Signs must be posted informing recreational users not to disturb dunes or their natural vegetation;

New development shall include revegetation of any dune areas to be disturbed by development activities;

Revegetation plantings shall be appropriate stabilizing species, and native plants shall be used wherever possible.

Buffer Zone. A minimum buffer area for sand dunes shall be provided from the most seaward stabilized dune extending fifty feet landward. Development shall be located only landward of the most seaward stabilized dune.

Parking Facilities. When located adjacent to dunes, parking facilities:

Shall be located so that beach access is not across dunes, where possible,

Shall provide wooden walkways where access across the dunes is required, and

Shall provide signs to discourage random passage to the beach.

Dune Stabilization.

If vegetation will be disturbed due to development activities, the dunes shall be revegetated with appropriate stabilizing species (preferably native).

Agencies and community groups are encouraged to assist in dune stabilization and restoration of dunes.

The spread of dune grass shall be assessed, monitored, and contained.

(1996 zoning code (part))

§ 18.38.065 Bluffs and sea-cliffs.

The following regulations are applicable to the coastal resource areas defined in this title and designated on the city's coastal resource map:

Permitted Uses–Sea-Cliff or Bluff-Face.

Where nesting or roosting exists, only education and research activities are permitted.

Where nesting or roosting do not exist, the following uses are permitted:

Education and research activities.

Limited coastal access, pedestrian paths, and engineered stairways for coastal access.

Limited recreational rock climbing.

Road and underground utility construction where no feasible alternative exists.

Intake or outfall lines, provided that the habitat is not threatened.

Planting of drought-tolerant coastal vegetation for sea cliff stabilization purposes only.

Prohibited Uses–Sea-Cliff or Bluff Face.

Development is prohibited on bluff-faces (except for stairways for public access to the beach).

Permitted Priority Uses, Bluffs.

Priority shall be given to coastal dependent and related recreational activities and support facilities, except that camping facilities shall be set back one hundred feet from the beach and bluffs and near-shore areas reserved for day use activities.

Priority shall be given to recreational uses that do not require extensive alteration of the natural environment, as both public and private development.

Conditionally Permitted Uses. Where no other less environmentally damaging alternatives are available, and when required to serve coastal dependent uses, to protect existing structures, or to protect public beaches in danger from erosion, the following are permitted by use permit with CEQA compliance.

Sea walls and cliff retaining structures.

Revetments, breakwaters, groins, harbor channels, pipelines, outfalls, and other such construction that may alter natural shoreline processes.

Bluff top structures within fifty year line of cliff retreat.

Buildings within fifty feet of the bluff edge.

Grading for development.

Prohibited Uses–Bluffs. Off-road vehicle use shall be prohibited in regional recreational areas as designated on the land use plan map.

Development Standards. In addition to requirements listed in subsection D of this section, the following shall apply:

Sea Walls and Cliff Retaining Structures. These structures are permitted by use permit under the following standards or conditions:

The structure is designed to preserve the maximum amount of existing beach.

The structure is designed to ensure lateral access along the shoreline.

The structure is designed so that all existing endangered development within the area of the improvement is protected as a part of the project.

The structure is not designed so as to encompass an area larger than that necessary to protect existing structures.

The project is designed to eliminate or mitigate all significant adverse impacts on local shoreline sand supply.

Revetments, groins, pipelines, outfalls, and other construction that alter natural shoreline processes. These projects are permitted by use permit under the following standards or conditions:

The installation is designed so as not to block lateral beach access.

Drain pipes shall be designed and placed so as to minimize impacts to the bluff face, toe and beach. Drainage devices extending over the bluff face shall not be permitted if water can be directed away from the beach.

The project is designed to eliminate or mitigate all significant adverse impacts on local shoreline sand supply.

Bluff Top Structures. Development permitted shall comply with the following controls and regulations.

The area of demonstration of stability includes the base, face and top of all bluffs and cliffs. The extent of the bluff top considered should include the area between the face of the bluff and a line described on the bluff top by the intersection of a plane inclined a twenty degree angle from the horizontal passing through the toe of the bluff or cliff, or fifty feet inland from the edge of the cliff or bluff, whichever is greater. Figure 1 below is provided for clarification.

Figure 1 EXTENT OF BLUFF TOP

Bluff top or cliff top development shall be permitted only if design and setback provisions are adequate to assure stability and structural integrity for the expected economic life span of the development of fifty years plus an additional fifty feet of setback, and if the development, including storm runoff, foot traffic, grading, irrigation, and septic tanks if required, will neither create nor contribute significantly to erosion problems or geologic instability of the site or surrounding area. Development is prohibited on bluff faces except for stairways for public access to the beach.

Land divisions or new structures identified in areas described in subsections (F)(3)(a) and (F)(3)(b) of this section that would require the need for bluff protection work.

For any proposed bluff or cliff top development, a geological report shall be prepared, according to the provisions of this title.

Grading for Development.

Grading is permitted only when required to establish proper drainage, install minor improvements (e.g., trails), restore eroded areas, or provide permitted access ways.

Any required or permitted grading must direct water runoff away from the edge of the bluff, and prevent damage to the bluff by surface and percolating water.

Development on Bluff Face. On cliff or bluff faces, development is permitted for:

Engineered access ways to provide public beach access;

Drainage pipes only where no other less environmentally damaging drain system is feasible and the drain pipes are designed and placed to minimize impacts to the bluff face, toe, and beach; and

Drainage devices extending over the bluff face shall not be permitted if water can be directed away from the bluff face.

Drought-Tolerant Coastal Vegetation. In the absence of a determination supported by a site-specific survey by a qualified geologist and biologist to the contrary, the following requirements shall apply:

Vegetation shall be installed within one hundred feet from the bluff or foredune edge and maintained as part of any new development in the area.

Vegetation shall be capable of enhancing bluff and stability.

(1996 zoning code (part))

§ 18.38.070 Coastal access ways.

Pedestrian Traffic.

Pedestrian traffic in bluff and cliff areas and on faces are restricted to a limited number of well-defined trails which avoid seabird nesting and roosting sites.

Signs shall be posted along lateral and vertical access ways, informing the public of their right to use these areas, and stating any limitations on the public's right of access and specific uses, such as informing pedestrians not to disturb natural vegetation or nesting and roosting sites.

Coastal Access Plans.

For all new development along the shoreline trail alignment shown on the access improvements map, granting of lateral easements to allow for continuous public access along the shoreline shall be mandatory unless publicly owned bluff top land suitable for trail development intervenes between the development and the bluff edge.

Vertical and lateral public access ways to public shoreline recreation areas shall be shown in plans on property abutting the state beach and county acquisition area, and shall be reviewed by any public agency holding beach lands to ensure consistency with the adopted state park general plan or land use plan in other areas.

Lateral easements shall be dedicated on all beach seaward of the base of the bluff, and shall have a width sufficient to allow an adequate trail and to protect the privacy of any residential structures built near the access way.

Buffer Zones.

Lateral easements shall be set back at least ten feet from the bluff edge and native vegetation shall be established between the trail and the edge to stabilize the bluff top.

Vertical and lateral access ways shall be protected by a minimum fifteen foot buffer within which no structure shall be built. This setback may be increased should it be determined to be necessary to minimize adverse visual impacts, protect residential privacy, or protect public access.

Public Dedications or Easements.

Dedications and easements are expected to be purchased by the state of California, the county of San Mateo, or any private entity organized for acquisition of public dedication.

Dedications and easements shall be required by the city in order to reduce required purchases. The city shall retain any offers of dedications or easements required by the local coastal plan and or general plan as open for acceptance by entities listed above.

Bluff Edge Trail. An improved lateral bluff edge trail from Kelly Avenue to Miramontes Point Road:

Shall be designed to improve coastal access and avoid increase in bluff edge runoff, as shown on the access improvement map or as determined by the wavecrest conservancy project for the area between Seymour and Redondo Beach Road;

Shall be connected to the beach with vertical trails at the end of Kelly, midway between Kelly and Seymour, at the end of Seymour, midway between Seymour and Redondo Beach Road as determined by the wavecrest conservancy project, near the end of Redondo Beach Road, and at the end of Miramontes Point Road;

Shall include the use of landscaping and signs to separate horse and pedestrian trails; and

Shall allow horseback riding only on trails and areas as shown on the access improvements map.

(1996 zoning code (part))

§ 18.38.075 Riparian corridors and buffer zones.

Permitted Uses. Except as may be specified in this chapter, within riparian corridors, only the following uses shall be permitted:

Education and research.

Consumptive uses as provided for in the Fish and Game Code and Title 14 of the California Administrative Code.

Fish and wildlife management activities.

Trails and scenic overlooks on public land.

Necessary water supply projects.

Restoration of riparian vegetation.

No Alternative Permitted Uses. The following are permitted uses where no feasible or practical alternative exists.

Stream-dependent aquaculture provided that nonstream-dependent facilities locate outside of corridor.

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.

Bridges when supports are not in significant conflict with corridor resources.

Pipelines and storm water runoff facilities.

Improvement, repair, or maintenance of roadways or road crossings.

Agricultural uses, provided no existing riparian vegetation is removed, and no soil is allowed to enter stream channels.

Standards. Development shall be designed and constructed so as to ensure that:

Removal of vegetation is minimized;

Land exposure during construction is minimized and that temporary vegetation or mulching is used to protect critical areas;

Erosion, sedimentation, and runoff is minimized by appropriately grading and replanting modified areas;

Only adapted native or noninvasive exotic plant species are used for replanting;

Sufficient passage is provided for native and anadromous fish as specified by the state Department of Fish and Game;

Any adverse effects of waste water discharges and entrainment are minimized;

Any depletion of groundwater supplies and substantial interference with surface and subsurface water flows are prevented;

Waste water reclamation is encouraged;

Natural vegetation buffer areas which protect riparian habitats are maintained; and

10.

Any alteration of natural streams is minimized.

Riparian Buffer Zone. The riparian buffer zone is defined as:

Land on both sides of riparian corridors which extends from the "limit of riparian vegetation" fifty feet outward for perennial streams and thirty feet outward for intermittent streams; or

Land along both sides of riparian corridors which extends fifty feet from the bank edge for perennial streams and thirty feet from the midpoint of intermittent streams, where no riparian vegetation exists.

Permitted uses within riparian buffer zones include:

Uses permitted in riparian corridors;

Crop growing and grazing, provided no existing riparian vegetation is removed and no soil is allowed to enter stream channels; and

Timbering in "stream side corridors" as defined and controlled by state and county regulations for timber harvesting.

No Alternative Permitted Uses. The following are permitted uses within riparian buffer zones where no feasible alternative exists:

The construction of new structures on existing legal building sites, set back twenty feet from the limit of riparian vegetation, only if no other building site on the parcel exists.

The creation of new parcels only if the only building sites available are those within buffer area, if the proposed parcels are consistent with existing development in the area, and if the building sites are set back twenty feet from the limit of riparian vegetation, or if there is no vegetation, twenty feet from the bank edge of a perennial stream or twenty feet from the mid-point of an intermittent stream.

Development Standards within Riparian Buffer Zones. Development shall be designed and constructed so as to ensure that:

The removal of vegetation is minimized;

Development conforms to natural topography and that erosion potential is minimized;

Provisions have been made (i.e., catch basins) to keep runoff and sedimentation from exceeding predevelopment levels;

Native and noninvasive exotic vegetation is used for replanting, where appropriate;

Any discharge of toxic substances, such as fertilizers and pesticides, into the riparian corridor is prevented;

Vegetation in or adjacent to man-made agricultural ponds is removed if the life of the pond is endangered; and

Dredging in or adjacent to man-made ponds is allowed if the county resource conservation district, or any similar or successor agency or entity, certifies that siltation imperils continued use of the pond for agricultural water storage and supply.

Findings for Development within Riparian Buffer Zones. The following findings shall be supported by the contents of the required biological report that:

There are special circumstances or conditions affecting the property;

The project is necessary for the proper design and function of some permitted or existing activity on the property;

The project will not be detrimental to the public welfare or injurious to other property downstream or in the area in which the project is located;

The project will not significantly reduce or adversely impact the sensitive habitat, or there is no feasible alternative which would be less damaging to the environment;

The project is in accordance with the purpose of this chapter and with the objectives of the LCP land use plan; and

Development on a property which has its only building site located in the buffer area maintains a twenty-foot buffer from the limit of riparian vegetation, or if no vegetation exists, a twenty-foot buffer from the bank of a perennial stream and a twenty-foot buffer from the midpoint of an intermittent stream.

(1996 zoning code (part))

§ 18.38.080 Wetlands.

Permitted Uses.

Education and research.

Passive recreation such as bird-watching.

Fish and wildlife management activities.

Permitted Uses with Approval of a Use Permit.

Commercial mariculture where no alteration of the wetland is necessary.

Bridges.

Pipelines and storm water runoff facilities.

Improvement, repair or maintenance of roadways.

Standards. The riparian corridor standards listed in this chapter shall apply to wetlands.

Wetlands Buffer Zone. The minimum buffer surrounding lakes, ponds, and marshes shall be one hundred feet, measured from the high water point, except that no buffer is required for man-made ponds and reservoirs used for agriculture.

Permitted Uses within Wetlands Buffer Zones. The riparian buffer zone uses listed in this title shall apply to wetlands buffer zones.

Permitted Uses within Wetlands Buffer Zones, Where No Feasible Alternative Exists. The riparian buffer zone uses listed under this title shall apply to wetlands buffer zones.

Development Standards within Wetlands Buffer Zones. The riparian buffer development standards listed under this title shall apply to wetlands buffer zones.

Findings for Development within Wetlands Buffer Zones. The following findings shall be supported by the contents of the required biologic report that:

There are special circumstances or conditions affecting the property;

The project is necessary for the proper design and function of some permitted or existing activity on the property;

The project will not be detrimental to the public welfare or injurious to other property in the area in which the project is located;

The project will not significantly reduce or adversely impact the sensitive habitat, or there is no feasible alternative which would be less damaging to the environment;

The project is in accordance with the purpose of this chapter and with the objectives of the LCP land use plan; and

Development on a property, which has its only building site located in the buffer area, maintains a twenty-foot buffer from the outer edge of any wetland.

(1996 zoning code (part))

§ 18.38.085 Habitats for rare and endangered species.

Rare and Endangered Species. The potential exists for any of the following rare and endangered species to be found within the county coastal area and therefore within the city.

Animals. The San Francisco garter snake, California least tern, California black rail, California brown pelican, San Bruno elfin butterfly, San Francisco tree lupine moth, Guadalupe fur seal, sea otter, California brackish water snail, globose dune beetle.

Plants. Rare plants known in San Mateo County are the Coast rock cress, Davy's bush lupine, Dolores campion, Gairdner's yampah, Hickman's cinquefoil, Montara manzanita, San Francisco wallflower, and Yellow meadow foam (botanical names are listed in the city's LCP/LUP).

Permitted Uses. In the event that a biological report indicates the existence of any of the above species in an area, the following uses are permitted.

Education and research.

Hunting, fishing, pedestrian and equestrian trails that have no adverse impact on the species or its habitat.

Fish and wildlife management to restore damaged habitats and to protect and encourage the survival of rare and endangered species.

Permitted Uses within Critical Habitats. Within the critical habitat as identified by the Federal Office of Endangered Species, permitted uses are those which are deemed compatible by the U.S. Fish and Wildlife Service in accordance with the provisions of the Endangered Species Act of 1973, as amended.

Buffer Zones. The minimum buffer surrounding a habitat of a rare or endangered species shall be fifty feet.

Standards.

Animals. Specific requirements for each rare and endangered animal are listed in Chapter 3 of the local coastal program land use plan.

Plants. When no feasible alternative exists, development may be permitted on or within fifty feet of any rare plant population, if the site or a significant portion thereof shall be returned to a natural state to enable reestablishment of the plant, or a new site shall be made available for the plant to inhabit and, where feasible, the plant population shall be transplanted to that site.

Habitat Preservation. Rare and endangered species habitats shall be preserved according to the requirements of the specific local coastal program land use plan policies tailored to each of the identified rare and endangered species and LCP/LUP implementing ordinances.

(1996 zoning code (part))

§ 18.38.090 Habitats for unique species.

Unique Species. Unique species are those organisms which have scientific or historic value, few indigenous habitats, or some characteristics that draw attention or are locally uncommon.

Existing unique animals are: raptors (owls, hawks, eagles and vultures), the red-legged frog, sea mammals (whales, dolphins, seals, and sea lions).

Existing unique plants are: the California wild strawberry and Monterey pine.

Permitted Uses. Permitted uses include:

Education and research;

Hunting, fishing, pedestrian and equestrian trails that have no adverse impact on the species or its habitat; and

Fish and wildlife management to the degree specified by existing governmental regulations.

Critical Habitat Preservation. Development, trampling or other destructive activity which would destroy any unique plant species shall be prevented, and plants identified as being valuable shall be successfully transplanted to some other suitable site.

Eradication of Invasive Plants. Pampas grass, weedy thistles, French broom, Scotch broom, and other weedy plants which are identified to be destructively invasive shall be eradicated.

On public lands: invasive plants shall be removed from public lands by the appropriate public agencies, to the point feasible.

On private lands: the city shall encourage voluntary cooperation of farmers and landowners to remove invasive plants.

Plants sold by retail nurseries on the coast: the city shall encourage voluntary cooperation of retail nurseries to prevent the sale of brooms and pampas grass.

Control of Blue Gum Eucalyptus. It is not desirable to encourage wholesale removal of existing stands of blue gums, however:

Landowners shall be encouraged to remove blue gum seedlings to prevent the slow, natural spread of the species; and

The city shall not allow the planting of blue gum trees on public lands, and shall discourage private landowners from planting blue gums on private property.

(1996 zoning code (part))

§ 18.38.095 Archaeological resources.

Site Protection. Development within an area designated on the map of potential archaeological resources shall include such designs and methods of construction as will offer protection for any potential archeological site.

Public Projects. As a part of any project to construct new roads, trails, sewer or water lines, or other public projects involving substantial excavation which could destroy archaeological resources within the areas designated on the map of potential archaeological resources, provision shall be made for a qualified archeologist to conduct an archaeological survey and to sample and salvage the site as a part of the construction project.

During Construction. The developer of a project shall notify the city when an archaeological site is discovered during construction of a project. The city shall require that all work that, in the determination of the community development director, could degrade the archaeological resources on the site be suspended until the completion of an investigation of the archaeological resources by a qualified professional. The city shall call for such an investigation within fifteen days of its notification. If the investigation does not find significant archaeological resources on the site, the investigation shall be completed within thirty days. If the investigation finds significant archaeological resources on the site, the investigation shall be completed within ninety days.

(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)

§ 18.38.100 Development conditions.

The planning commission shall impose development conditions on proposed projects within or adjacent to designated coastal resource areas that require a coastal development permit and are subject to the provisions of this chapter. These conditions shall include the mitigation measures recommended in required reports or the environmental impact report if the community development director accepts it in lieu of required reports, as development conditions in the coastal development permit for the proposed project. The planning commission may modify or eliminate conditions where it is found that the modification is consistent with the purposes of this chapter and the California Coastal Act.

(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)

§ 18.38.105 Fees.

The city shall require, as a condition of approved private development, the improvement or financial participation in the improvement of all primary and secondary beach access routes indicated on the land use plan map where development is permitted adjacent to such access route or is served by it.

(1996 zoning code (part))

§ 18.38.110 Notice.

Notice of preparation of a required biologic or archaeological report shall be given as required in this title for local coastal development permits.

(1996 zoning code (part))

§ 18.38.115 Appeals.

Appeals to the findings of any required report or development conditions shall be made as part of the coastal development permit process provided for in this title.

(1996 zoning code (part))

§ 18.38.120 Water quality protection–Exceptional lots.

The applicability of this section shall be limited to development on exceptional lots as defined in Section 18.02.040.

On-Site Retention and Infiltration. To the maximum extent feasible, development shall not result in an increase in the peak rate or average volume of off-site storm water discharge from the pre-development discharge. This requirement shall be achieved by maximizing on-site storm water retention and infiltration. However, on-site infiltration of storm water shall not be required where infiltration would contribute significantly to geologic instability in a geologically hazardous area.

Discharge to Sensitive Habitat Areas and Coastal Waters. No pollutants, including but not limited to sediments, heavy metals, pesticides, herbicides, fertilizers, nutrients, construction material, chemicals, petroleum hydrocarbons, trash, etc., shall be directly discharged to any sensitive habitat area, wetland, stream, drainage ditch, or coastal waters.

Prohibit clearing and grading in areas adjacent to sensitive habitat areas, streams, wetlands, drainage ditches and other coastal waters and on slopes greater than 4:1 during the rainy season (October 14th through April 15th).

Reduce waste by ordering only the amount of materials needed.

Stabilize disturbed areas with vegetation, mulch, geotextiles, or similar methods.

Avoid mixing excess amounts of fresh concrete or cement mortar. Whenever possible, return contents of mixer barrel to the supplier for recycling. Dispose of small amounts of excess concrete, grout, and mortar in the trash.

Revegetate disturbed areas as soon as possible following completion of grading or clearing. To the maximum extent feasible, native, drought tolerant vegetation shall be used.

Identify all storm drains, drainage swales, drainage ditches, and streams located near the construction site and ensure all construction personnel are aware of their locations to prevent pollutants from entering them.

Use straw bale barriers, sand bags, brush or rock filters or other appropriate measures to trap sediment and minimize the quantity of sediment-laden runoff from the site.

Ensure that vehicles are parked in areas free from mud; monitor site entrances for mud tracked off site.

Avoid stockpiling of soils or materials when rain is forecast.

10.

Cover all construction material and stockpiles with a waterproof tarp during periods of rainy weather to control runoff.

11.

Monitor the site for erosion and sediment runoff every twenty-four hours during and after every storm event.

12.

Before it rains, sweep and remove materials from surfaces that drain to storm drains, creeks, or channels.

13.

To the maximum extent feasible, prevent blowing dust from exposed soils through the use of mulch or other nontoxic, organic materials.

14.

Control the storage, application and disposal of pesticides, petroleum products and other chemicals.

15.

Prohibit cleaning of brushes or rinsing paint containers into streets, gutters, storm drains, streams, and drainage ditches. Recycle, return to supplier, or donate unwanted water-based (latex) paint. Dried latex paint may be disposed of in the garbage. Unwanted paint (that is not recycled), thinners, and sludges must be disposed of as hazardous waste.

16.

Avoid cleaning, fueling, or maintaining vehicles on site, except in an area designated to contain and treat runoff. Clean up leaks, drips, and other spills immediately so they do not contact storm water. Never wash down pavement or surfaces where materials have spilled. Use dry cleanup methods whenever possible.

17.

Locate washout areas more than fifty feet from storm drains, open ditches or surface waters and ensure that runoff from washout does not enter coastal waters or other sensitive habitats.

18.

Provide sanitary facilities for construction workers.

19.

Prohibit placement of portable toilets on or near storm drain outlets. Ensure that the units are adequately maintained, promptly repaired, and replaced as needed.

20.

Provide adequate disposal facilities for solid waste produced during construction and recycle where possible.

21.

All construction phase best management practices shall be inspected and maintained as necessary to ensure proper function.

Use permeable materials for driveways and walkways to the maximum extent feasible.

Minimize directly connected impervious surfaces.

Direct rooftop and driveway runoff to on-site pervious areas such as landscaped areas, and avoid routing rooftop runoff to the roadway, drainage ditches, or other storm water conveyance systems.

Minimize vegetation clearing and grading.

Maximize canopy interception and water conservation by preserving existing native trees and shrubs, and planting additional native, drought-tolerant trees and large shrubs.

Use water cisterns to collect and store runoff where necessary and feasible.

Landscape with native, drought-tolerant species to the maximum extent feasible to minimize the need for fertilizers, pesticides, herbicides, and irrigation.

All post-construction phase best management practices shall be inspected and maintained as necessary to ensure proper function.

Erosion Control, Drainage, and Storm Water Management Plans. Development that (1) increases impervious surface coverage by more than ten percent of the lot area or (2) involves grading shall be undertaken in accordance with site-specific construction phase erosion control, drainage plan and post-construction storm water management plan.

The erosion and drainage control plans shall include controls on grading (i.e., timing and amounts), best management practices for staging, storage, and disposal of construction materials, design specification of sedimentation controls and plans for the revegetation of graded or disturbed areas. The plans shall also include site-specific storm water runoff control measures that demonstrate how the net increase in runoff will be diverted from impervious surfaces into pervious areas of the property in a nonerosive manner that filters and lets storm water infiltrate the soil.

The post-construction storm water management plan shall include details regarding how the development will use appropriate best management practices specified in subsection D of this section to minimize post-construction polluted runoff and maximize on-site retention and infiltration of storm water. The post-construction plan shall also detail:

Pre-development site drainage.

Post-development site drainage.

Location and design specification of any treatment or structural best management practices that will be implemented.

Description of how the disturbed portions of the site will be revegetated, including the types of native, drought-tolerant plants that will be used.

(Ord. O-2-06 § 6, 2006)

§ 18.38.121 Water quality protection–Mobile home parks.

The applicability of this section shall be limited to any development involving a mobile home park that requires a coastal development permit.

Discharge to Sensitive Habitat Areas and Coastal Waters. No pollutants, including but not limited to sediments, heavy metals, pesticides, herbicides, fertilizers, nutrients, construction materials, chemicals, petroleum hydrocarbons, trash, etc., shall be directly discharged to any sensitive habitat area, wetland, stream, drainage ditch, or coastal waters.

Construction Phase Best Management Practices. Development shall be undertaken in accordance with the following construction phase best management practices. Selection of the appropriate BMPs shall be conducted in consultation with the city engineer. Other BMPs approved by the city engineer as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. All BMPs must comply with local zoning and building codes and other applicable regulations. A site-specific erosion and sediment control plan prepared by a California registered civil engineer shall be required for development resulting in the addition or replacement of more than ten thousand square feet of impervious surface coverage. The plan shall indicate the specific design, installation, location, and maintenance of BMPs necessary to meet the requirements of subsections A and B of this section. Construction phase BMPs may include but are not limited to:

Erosion Control.

Stabilize disturbed areas with vegetation, mulch, geotextiles, or similar methods.

Revegetate disturbed areas as soon as possible following completion of grading or clearing. To the maximum extent feasible, native, drought-tolerant vegetation shall be used.

Sediment Control.

Prohibit clearing and grading in areas adjacent to sensitive habitat areas, streams, wetlands, drainage ditches and other coastal waters and on slopes greater than 4:l during the rainy season (October 14th through April 15th).

Use straw bale barriers, sand bags, brush or rock filters or other appropriate measures to trap sediment and minimize the quantity of sediment-laden runoff from the site.

Before it rains, sweep and remove materials from surfaces that drain to storm drains, creeks, or channels.

To the maximum extent feasible, prevent blowing dust from exposed soils through the use of mulch or other non-toxic, organic materials.

Tracking Control.

Ensure that vehicles do not track mud to areas that could discharge to surface waters.

Monitor site entrances for mud tracked off site.

Construction Equipment.

Locate washout areas more than fifty feet from storm drains, open ditches or surface waters and ensure that runoff from washout does not enter coastal waters or other sensitive habitats.

Waste Management and Materials Pollution Control.

Reduce waste by ordering only the amount of materials needed.

Avoid stockpiling of soils or materials when rain is forecast.

Cover all construction material and stockpiles with a waterproof tarp during periods of rainy weather to control runoff.

Provide adequate disposal facilities for solid waste produced during construction and recycle where possible.

Control the storage, application and disposal of pesticides, petroleum products and other chemicals.

Provide sanitary facilities for construction workers.

Prohibit placement of portable toilets on or near storm drain outlets. Ensure that the units are adequately maintained, promptly repaired, and replaced as needed.

Monitoring and Maintenance.

Monitor the site for erosion and sediment runoff every twenty-four hours during and after every storm event.

All construction phase best management practices shall be inspected and maintained as necessary to ensure proper function.

Post-Construction Phase Best Management Practices. Development shall be undertaken in accordance with the following post-construction phase best management practices. Selection of the appropriate BMPs shall be conducted in consultation with the city engineer. Other BMPs approved by the city engineer as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. All BMPs must comply with local zoning and building codes and other applicable regulations. A site-specific storm water management plan that includes appropriate treatment BMPs prepared by a California registered civil engineer shall be required for development resulting in the addition or replacement of more than ten thousand square feet of impervious surface coverage. The plan shall indicate the specific design, installation, location, and maintenance of BMPs necessary to meet the requirements of subsections A and B of this section. Post-construction BMPs may include but are not limited to:

Site Design.

Use permeable materials for driveways and walkways to the maximum extent feasible.

Minimize directly connected impervious surfaces.

Direct rooftop and driveway runoff to on-site pervious areas such as landscaped areas, and avoid routing rooftop runoff to the roadway, drainage ditches, or other storm water conveyance systems.

Minimize vegetation clearing and grading.

Maximize canopy interception and water conservation by preserving existing native trees and shrubs, and planting additional native, drought-tolerant trees and large shrubs.

Use water cisterns to collect and store runoff where necessary and feasible.

Source Control.

Landscape with native, drought-tolerant species to the maximum extent feasible to minimize the need for fertilizers, pesticides, herbicides, and irrigation.

Stencil or affix signs on storm drains to prohibit dumping of improper materials into the urban runoff conveyance system.

Prohibit locating storm drains in immediate vicinity of the trash storage area.

Post signs on all dumpsters informing users that hazardous materials are not to be disposed of therein.

Treatment.

Structural best management practices including but not limited to biofilters, detention basins, infiltration basins, and drainage inserts shall be implemented for development creating or replacing more than ten thousand square feet of impervious surface coverage.

Structural best management practices shall be designed to treat storm water runoff produced by all storms up to and including the eighty-fifth percentile, twenty-four-hour storm event for volume-based best management practices and/or the eighty-fifth percentile, one-hour storm event, with an appropriate safety factor (i.e., two or greater), for flow-based best management practices.

All post-construction phase best management practices shall be inspected and maintained as necessary to ensure proper function.

(Ord. C-6-07 § 4, 2007)

§ 18.38.123 Standards for telecommunications facilities.

Installation of wireless telecommunication facilities shall obtain a CDP that is found consistent with all provisions of the certified local coastal program as set forth in Sections 18.20.025(A)(8) and (9). Telecommunication facilities shall satisfy all development standards applicable to the issuance of both CDPs and use permits except as more specifically set forth below.

New wireless telecommunication facilities shall be prohibited in coastal resource areas, as defined by Section 18.38.020, except when denial of the facility would be inconsistent with federal law and the reviewing authority finds there is no feasible location outside coastal resource areas. Where denial of the facility would be inconsistent with federal law and the reviewing authority finds there is no feasible location outside coastal resource areas, approval of the facility is also subject to all of the following written findings: (1) there is no alternative facility configuration that would avoid impacts to environmentally sensitive habitat areas; (2) adverse impacts to the sensitive habitat are minimized to the maximum extent feasible; (3) unavoidable impacts are mitigated so that there is no loss in habitat quantity or biological productivity; and (4) the facility can be found consistent with all otherwise applicable local coastal program (LCP) policies, standards, and regulations and zoning district development standards.

(Ord. C-2014-06 § 4, 2014)