(A) Mitigation. Channelizations or other substantial alterations that could significantly disrupt the habitat values of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to necessary water supply projects, flood control projects where no other method for protecting existing structures in the flood plain is feasible and where such protection is necessary for public safety or to protect existing development, or developments where the primary function is the improvement of fish and wildlife habitat.
(B) Permitted shoreline construction. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems and fish kills should be phased out or upgraded where feasible.
(C) Environmentally sensitive habitat areas.
(1) Environmentally sensitive habitat areas within the city's coastal zone shall include:
(a) Rivers, creeks, sloughs, gulches and associated riparian habitats, including Eureka Slough, Fay Slough, Cut-Off Slough, Freshwater Slough, Cooper Slough, Second Sloughs, Third Slough, and Elk River.
(b) Wetlands and estuaries, including that portion of Humboldt Bay within the city's jurisdiction, riparian areas, and vegetated dunes.
(c) Indian Island, Daby Island, and Woodley Island wildlife area.
(d) Other habitat areas, such as rookeries, and rare or endangered species on state or federal lists.
(e) Grazed or farmed wetlands.
(2) These areas are generally portrayed on the resources maps, where they are designated as wetlands or other natural resources.
(D) Protection of environmentally sensitive habitat areas. Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on such resources, including restoration and enhancement projects, shall be allowed within such areas. Development in areas adjacent to environmentally sensitive habitat areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas.
(E) Development in or near natural resource areas. Prior to the approval of a development permit, all developments on lots or parcels shown on the land use plan and/or resource maps with a natural resource designation or within 250 feet of such designation, or development affecting an environmentally sensitive habitat area, shall be found to be in conformity with the applicable habitat protection policies of the Local Coastal Program. All development plans and grading plans shall show the precise location of the habitat(s) potentially affected by the proposed project and the manner in which they will be protected, enhanced, or restored. Projects which could adversely impact an environmentally sensitive habitat area may be subject to a site inspection by a qualified biologist to be selected jointly by the city and the applicant. Where mitigation, restoration, or enhancement activities are required to be performed pursuant to other applicable portions of this Local Coastal Program, they shall be required to be performed on city-owned lands on the Elk River Spit or on other available and suitable mitigation, restoration, or enhancement sites.
(F) Diking, filling, or dredging. The diking, filling or dredging of open coastal waters, wetlands, or estuaries shall be permitted only where all of the following exist:
(1) The diking, filling or dredging is for a permitted use in that resource area as provided in Land Use Plan Policies 5.12 through 5.16;
(2) There is no feasible, less environmentally damaging alternative;
(3) Feasible mitigation measures have been provided to minimize adverse environmental effects, consistent with Land Use Plan Policy 5.10; and,
(4) The functional capacity of the resources area is maintained or enhanced, consistent with Land Use Plan Policy 5.10.
(G) Dredging and spoils disposal. Dredging and spoils disposal shall be carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems.
(H) Wetland or estuary development.
(1) Diking, filling or dredging of a wetland or estuary shall maintain or enhance its functional capacity.
(2) Functional capacity, 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, all of the following must be demonstrated:
(a) That presently occurring plant and animal populations in the ecosystem will not be altered in a manner that would impair the long-term stability of the ecosystem, such as, natural species diversity, abundance and composition are essentially unchanged as a result of the project;
(b) That a species that is rare or endangered will not be significantly adversely affected;
(c) That a species or habitat essential to the natural biological functioning of the wetland or estuary will not be significantly adversely affected;
(d) That consumptive (such as, fishing, aquaculture and hunting) or nonconsumptive (such as, water quality and research opportunity) values of the wetland or estuaries ecosystem will not be significantly reduced.
(I) Conditions.
(1) Dredging, when consistent with these provisions and where necessary for the maintenance of the tidal flow and continued viability of the wetland habitat or for flood control purposes, shall be subject to the following conditions:
(a) Dredging shall be prohibited in breeding and nursery areas and during periods of fish migration and spawning.
(b) Dredging shall be limited to the smallest area feasible.
(c) Designs for dredging and excavation projects shall include protective measures such as silt curtains, weirs, and the like, to protect water quality in adjacent areas during construction by preventing the discharge of refuse, petroleum spills, and unnecessary dispersal of silt materials.
(2) Diking or filling of a wetland shall at a minimum, require the following mitigation, restoration, or enhancement measures:
(a) A detailed restoration or enhancement plan shall be required for each specific restoration or enhancement site prior to commencement of any development that is permitted as part of such a restoration or enhancement project. The restoration or enhancement plans shall include provisions for purchase, if required, and restoration or enhancement, as determined in consultation with the Department of Fish and Game, Coastal Commission, and Coastal Conservancy, of an equivalent area of equal or greater productivity, and dedication of the land to a public agency or other method which permanently restricts the use of the site to habitat and open space purposes. The restoration or enhancement site shall be purchased or otherwise made available prior to any diking or filling activity.
(b) Equivalent areas shall be opened to tidal action or other sources of surface water shall be provided. This provision applies to diked or filled areas which themselves are not environmentally sensitive habitat areas, but would become so if they were opened to tidal action or provided with other sources of surface water. All of the provisions for restoration, purchase (if necessary), and dedication contained in subsection (a) of this division, shall apply to any program or activity performed pursuant to this section.
(c) Mitigation or restoration activities shall, to the maximum extent feasible, be of the same type as the wetland to be filled (such as, freshwater marsh for freshwater marsh, saltwater marsh for saltwater marsh, and the like).
(d) An applicant who is required to participate in a restoration or mitigation program may avail himself or herself of restoration or enhancement sites on city-owned lands on the Elk River Spit, consistent with all other applicable policies of Land Use Plan Chapter 5 and this chapter, and at a cost not to exceed $0.25 for each square foot of affected marsh or other wetland.
(e) For permissible wetland restoration projects identified in Land Use Plan Policy 5.12(b), any coastal development permit issued for one or a combination of projects shall be part of one or more wetland restoration programs consistent with all other applicable provisions of this Local Coastal Program. Such wetlands restoration or enhancement program(s) shall be prepared and implemented in consultation with the Department of Fish and Game, Coastal Commission, and Coastal Conservancy. Preparation of the program(s) shall occur prior to commencement of any development governed by this subdivision; however, implementation of the program(s) may occur concurrently with or subsequently to any approved development. If an in-lieu fee is required to be paid by the applicant, it shall not exceed $0.25 for each square foot of affected marsh of other wetland, except as provided in permit CP-10-80. For the area south of Hilfiker Lane identified in LUP Policy 5.12(b), the restoration program may, at any one time, include one or more of the affected properties, provided that when an application for development pursuant to this subdivision is made, the affected property shall participate in the wetlands restoration program.
(J) Permitted development and uses in non-farmed wetlands and estuaries. Permitted development or uses within nonfarmed wetlands and estuaries shall be limited to the following:
(1) Port facilities.
(2) Energy facility.
(3) Coastal development industrial facilities including commercial fishing facilities.
(4) Maintenance of existing or restoration of previously dredged depths in navigation channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.
(5) Incidental public service purposes which temporarily impact the resources of the area, such as burying cables and pipes, inspection of piers, and maintenance of existing intake and outfall lines.
(6) Restoration projects.
(7) Nature study, aquaculture, or similar resource-dependent activities.
(8) New or expanded boating facilities in estuaries.
(9) Placement of structural pilings for public recreational piers that provide public access and recreational opportunities.
(K) Permitted uses in open coastal waters. Permitted uses within open coastal waters shall be limited to the following:
(1) Port facilities.
(2) Energy facilities.
(3) Coastal-dependent industrial facilities, including commercial fishing facilities.
(4) Maintenance of existing or restoration of previously dredged depths in navigation channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.
(5) Incidental public service purposes which temporarily impact the resources of the area, such as burying cables and pipes, inspection of piers, and maintenance of existing intake and outfall lines.
(6) Restoration projects.
(7) Nature study, aquaculture, or similar resource-dependent activities.
(8) New or expanded boating facilities.
(9) Sand or gravel mineral extraction in portions of open coastal waters that are not environmentally sensitive habitat areas.
(10) Placement of structural pilings for public recreational piers that provide public access and recreational opportunities.
(L) Permitted uses involving alterations of streams and rivers. Permitted uses that involve substantial alterations of streams and rivers shall incorporate the best mitigation measures feasible and shall be limited to the following:
(1) Necessary water supply projects.
(2) Flood control projects where no other method of protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development.
(3) Development where the primary function is the improvement of fish and wildlife habitat.
(M) Permitted uses and development in grazed or farmed wetlands. Permitted uses and development in grazed or farmed wetlands shall be limited to the following:
(1) Agricultural operations limited to apiaries, field and truck crops, livestock raising, greenhouses (provided they are not located on slab foundations and crops are grown in the existing soils on site), and orchards.
(2) Farm-related structures (including barns, sheds, and farmer-occupied housing) necessary for the performance of agricultural operations. Such structures may be located on an existing farmed wetland parcel only if no alternative upland location is available for such purpose and the structures are sited and designed to minimize adverse environmental effects on the farmed wetland. No more than one permanent residential structure per parcel shall be allowed.
(3) Restoration projects.
(4) Nature study, aquaculture, and similar resource dependent activities.
(5) Incidental public service purposes which may temporarily impact the resources of the area, such as burying cable and pipes.
(N) Fill for repair and maintenance. New fill for repair and maintenance purposes may be permitted on lands adjacent to the northern waterfront provided that is consistent with other LUP policies and where:
(1) The fill will be placed in previously filled areas which have been subject to erosion;
(2) The fill will be placed beyond the existing bulkhead line;
(3) The fill is necessary to protect existing development from erosion;
(4) The fill will not interfere with commercial fishing activities and facilities; and
(5) Placement of the fill is consistent with the public access policies of the Local Coastal Program in that public access will not be adversely affected, or public access has been provided.
(O) Buffers. A buffer shall be established for permitted development adjacent to all environmentally sensitive areas. The width of a buffer shall be 100 feet, unless the applicant for the development demonstrates on the basis of information, the type and size of the proposed development, and/or proposed mitigation (such as planting of vegetation) that will achieve the purposes of the buffer, that a smaller buffer will protect the resources of the habitat area. For a wetland, the buffer should be measured from the landward edge of the wetland. For a stream or river, the buffer should be measured landward from the landward edge of riparian vegetation or from the top edge of the bank (such as, in channelized streams). Maps and supplemental information submitted as part of the application should be used to specifically determine these boundaries.
(P) Barriers. To protect wetlands against physical intrusion, wetland buffer areas shall incorporate attractively designed and strategically located barriers and informational signs.
(Q) Uses adjacent to gulches. All coastal zone land use activities adjacent to gulches shall be carried out in a manner which avoids vegetative removal below the break in slope, (usually those areas with a slope of 20% or greater) and which does not alter natural landforms and drainage patterns.
(R) Disagreement over boundary.
(1) Where there is a disagreement over the boundary, location, or current status of an environmentally sensitive area identified in Local Coastal Program, Policy 5.5 or which is designated on the resources maps, the applicant shall be required to provide the city with:
(a) A base map delineating topographic lines, adjacent roads, location of dikes, levees, or flood control channels and tide gates, as applicable;
(b) A vegetation map, including species that may indicate the existence or non-existence of the sensitive environmental habitat area;
(c) A soils map delineating hydric and non-hydric soils; and,
(d) A census of animal species that may indicate the existence or non-existence of the sensitive environmental habitat area.
(2) The city shall transmit the information provided by the applicant to the Department of Fish and Game for review and comment. Any comments and recommendations provided by the Department shall be immediately sent to the applicant for his or her response. The city shall make its decision concerning the boundary, location, or current status of the environmentally sensitive habitat area in question based on the substantial evidence in the record and shall adopt findings to support its actions.
('63 Code, § 10-5.2942) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90) Penalty, see § 150.999