Crescent City City Zoning Code
CHAPTER 17
84C CALIFORNIA COASTAL ZONE RESOURCE PROTECTION PROCEDURES BIOLOGICAL RESOURCES
§ 17.84C.010 Purpose.
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))
§ 17.84C.020 Applicability.
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))
§ 17.84C.030 Coastal development permit application contents.
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.
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. |
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))
§ 17.84C.050 Supplementary findings.
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))
§ 17.84C.060 Development standards.
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:
• | The low-tide extent periphery of off-shore rocks and intertidal ESHA. |
• | The mean high tide line for intertidal zone ESHA. |
• | The perimeter of the sand dune/permanently established terrestrial vegetation interface for sand dune ESHA. |
• | The upland edge of a wetland for a wetland ESHA. |
• | 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. |
• | The outer edge of the plants that comprise the rare plant community for rare plant community ESHA. |
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))