The purpose of the ESH overlay district is to protect and preserve areas in which plant or animal life or their habitats are either rare or especially valuable because of their role in the ecosystem and which could be easily disturbed or degraded by human activities and developments. The intent of this district is to ensure that all development in such areas is designed and carried out in a manner that will provide maximum protection to sensitive habitat areas.

(Ord. 315 § 1 (part), 1981)

The provisions of the ESH overlay district shall apply to those areas designated as an environmentally sensitive habitat area on the environmentally sensitive habitat overlay of the adopted coastal plan land use maps, or on the official coastal resource maps, or any parcels within approximately two hundred fifty feet of such designation. For purposes of determining the application of this overlay district to any parcel of land or water, the above referenced maps shall be the guide. If the habitat area delineated on the maps is determined by the community development department not to be located on a particular parcel or parcels, the provisions of this overlay district shall not apply.

(Ord. 315 § 1 (part), 1981)

1.

Applications for a permit for any development in an environmentally sensitive habitat area shall include:

a.

A description of the flora, fauna, fish, birds, mammals, or other wildlife which occupy the site or are habitually found thereon, setting forth with detail those areas where unique plant and animal species or their habitats may be found on the site;

b.

A delineation of all streams, rivers, water bodies, and wetlands located on the site;

c.

A clear delineation of all areas which shall be graded, paved, surfaced, or covered with structures, including a description of the surfacing material to be used;

d.

Any other information pertinent to the particular project which might be necessary for the review of the project requested by the community development department.

2.

Upon receipt of an application for development within an environmentally sensitive habitat area, the community development department shall determine the potential of the proposed development to adversely impact an environmentally sensitive habitat area. If the proposed development is exempt from CEQA and is determined by the community development department to have no potential for adverse impacts on an environmentally sensitive habitat area, the development shall be approved for the purposes of this chapter.

3.

If the proposed development is exempt from CEQA and the community development department determines that the proposed development has potential for adverse impacts on an environmentally sensitive habitat area, the project shall be referred to the environmental review committee for review. If environmental review indicates that the project has no significant unavoidable adverse impacts on an environmentally sensitive habitat area, the community development department may approve the development with appropriate conditions if necessary. If environmental review indicates that the project has significant unavoidable adverse impacts on an environmentally sensitive habitat area, the project shall be referred to the planning commission for action.

4.

Prior to issuance of a permit for any development within this environmentally sensitive habitat area overlay district, a finding shall be made that the proposed development meets all applicable development standards of this district. A permit may be issued subject to compliance with reasonable conditions set forth in the permit which are necessary to ensure protection of the habitat area(s). Such conditions may, among other matters, limit the size, kind, or character of the proposed work, require replacement of vegetation, establish required monitoring procedures and maintenance activity, stage the work over time, or require the alteration of the project design to ensure buffering. The requirements of the base zoning district may be modified in furtherance of the purpose of this district by express condition in the permit.

(Ord. 315 § 1 (part), 1981)

Definitions of terms used in this chapter are contained in Section 3.9 of the coastal plan and are incorporated by reference.

Wetlands.

1.

The upland limit of a wetland shall be defined as land where the water table is at, near or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes. Where environmental factors may prevent the development of soils and/or vegetation, the presence of surface water or saturated substrate at some time during the year or the location within, or adjacent to, vegetated wetlands or deepwater habitats will define their limits. If a question exists, the limit will be determined by habitat survey made by qualified biologist.

A buffer strip, one hundred feet in width, shall be maintained in a natural condition along the upland limits of all wetlands. No structures other than those required to support light recreational, scientific and educational use shall be permitted, where such structures are consistent with all other wetland development policies and where all possible measures have been taken to prevent adverse impacts. (Policy 9-4)

2.

New development adjacent to the required buffer around wetlands shall not result in adverse impacts due to additional sediment, runoff, noise, and other disturbances. (Policy 9-5)

3.

For the following projects: 1) Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension; 2) South Coast High Occupancy Vehicle (HOV) Lanes; and 3) Santa Claus Lane Bike Path, a reduced wetland buffer may be permitted in accordance with the provisions of Policy OSC-3e and the specific standards described in the transportation corridor wetland overlay district, in Chapter 14.45 of the zoning code.

Butterfly Trees.

1.

Butterfly trees shall not be altered or removed, except where they pose a serious threat to life and property. (Policy 9-6)

2.

Adjacent development shall be set back a minimum of fifty feet from the trees. (Policy 9-7)

Marine Mammal Rookeries and Hauling Grounds.

1.

Harbor seal hauling grounds shall not be altered or disturbed by recreational, industrial, or any other uses. Emergency maintenance or repair of existing pipelines in the vicinity of the Chevron pier shall be permitted as necessary as long as disturbances to the harbor seal hauling grounds are minimized. (Policy 9-8)

Rocky Points and Intertidal Areas.

1.

In order to prevent destruction of organisms which thrive in intertidal areas, no unauthorized vehicles shall be allowed on beaches adjacent to intertidal areas. (Policy 9-9)

2.

Only light recreational use shall be permitted on public beaches which include or are adjacent to rocky points or intertidal areas. (Policy 9-10)

3.

Shoreline structures, including piers, groins, breakwaters, drainages, seawalls, and pipelines, shall be sited or routed to avoid significant rocky points and intertidal areas. (Policy 9-11)

Subtidal Reefs.

1.

The marine resources of Carpinteria Reef shall be protected. If evidence of depletion of these resources is presented, the city shall work with the California Department of Fish and Game to assess the extent of damage and implement mitigating measures. (Policy 9-12)

Native Plant Communities.

1.

Oak trees, because they are particularly sensitive to environmental conditions, shall be protected. All land use activities shall be carried out in such a manner as to avoid damage to native oak trees. (Policy 9-13)

2.

When sites are graded or developed, areas with significant amounts of native vegetation shall be preserved. All development shall be sited, designed, and constructed to minimize impacts of grading, paving, construction of roads or structures, runoff, and erosion on native vegetation. In particular, grading and paving shall not adversely affect root zone aeration and stability of native trees. (Policy 9-14)

Streams. The following policies shall apply to Carpinteria Creek, which is the only natural (i.e., unchannelized) stream within the city:

1.

The minimum buffer strip for natural streams within the city shall be twenty feet from the top of the bank. These minimum buffers may be adjusted by the city on a case-by-case basis after investigation on the following factors:

a.

Soil type and stability of the stream corridor;

b.

How surface water filters into the ground;

c.

Types and amount of riparian vegetation and how such vegetation contributes to soil stability and habitat value;

d.

Slopes of the land on either side of the stream; and

e.

Location of the one hundred-year floodplain boundary. (Policy 9-15)

2.

No structures shall be located within the stream corridor except: developments where the primary function is the improvement of fish and wildlife habitat; dams; structures necessary for flood control purposes; bridges, when supports are located outside the critical habitat; and pipelines, when no alternative route is feasible. (Policy 9-16)

3.

All development, including dredging, filling, and grading, within stream corridors shall be limited to activities necessary for flood control purposes, bridge construction, water supply projects or laying of pipelines, when no alternative route is feasible. When such activities require removal of riparian plant species, revegetation with local native plants shall be required. Minor clearing of vegetation shall be permitted for hiking and equestrian trails. (Policy 9-17)

4.

All permitted construction and grading within stream corridors shall be carried out in such a manner as to minimize impacts from increased runoff, sedimentation, biochemical degradation, or thermal pollution. (Policy 9-18)

5.

Cultivated agriculture and the installation of septic tanks shall be prohibited within stream corridors. (Policy 9-19)

6.

Other than projects that are currently approved and/or funded, no further concrete channelization or other major alterations of streams in the city shall be permitted. (Policy 9-20)

7.

No development or substantial alterations of natural stream corridors shall be permitted unless the city finds that such action is necessary to protect existing structures and that there are no less environmentally damaging alternatives. Where development or alterations are permitted, best mitigations feasible shall be a condition of project approval. (Policy 9-21)

(Ord. 315 § 1 (part), 1981)

(Ord. No. 703, § 2, 10-26-2015)