Chapter 17.30 — ENVIRONMENTALLY SENSITIVE HABITAT AREAS

The purpose of this chapter is to establish standards for development that could impact Environmentally Sensitive Habitat Areas (ESHA) and to describe the permit requirements and the review process for such proposed development. More specifically, this chapter is intended to:

• A. Protect, maintain, and enhance natural ecosystem processes and functions in Goleta's ESHA in order to maintain their natural ecological diversity.

• B. Preserve, restore, and enhance the physical and biological integrity of Goleta's creeks and natural drainages and their associated riparian and creek-side habitats.

• C. Protect, restore, and enhance coastal bluffs and dune areas.

• D. Identify and protect wetlands, including vernal pools, as highly productive and complex ecosystems that provide special habitats for flora and fauna, as well as for their role in cleansing surface waters and drainages.

• E. Protect and enhance other important aquatic and terrestrial habitats, including those associated with rare, threatened, or endangered species of plants or animals.

• F. Protect marine aquatic habitats.

• G. Protect monarch butterfly habitats.

• (Ord. 20-03 § 6; Ord. No. 24-05, 12/3/2024)

This chapter applies to land use and development with the potential to have a direct or indirect effect on ESHAs that could negatively impact the protected sensitive resource. No new development, except as specifically identified in this Title, is allowed within an ESHA. (Ord. 20-03 § 6)

• A. Initial Site Assessment Screening. The City must conduct an initial site assessment screening for all development applications to determine the potential presence of ESHA within 300 feet of the development activity. The initial site assessment screening must include a review of reports, resource maps, aerial photographs, site inspection and additional resources as necessary to determine the presence of ESHA.

• B. Biological Study. For any development applications within 300 feet of ESHA, or with the potential to adversely impact ESHA, a site-specific biological study must be prepared. The biological study must address all relevant General Plan policies and may be peer reviewed, at the Director’s discretion. All costs of the biological study and any peer review are borne by the applicant.

1. The biological study must contain a topographic map at an appropriate scale and contour interval that adequately delineates the boundaries of creek beds and banks, wetlands, native riparian and upland vegetation, vegetation driplines, and ESHA boundaries. The map must clearly show areas that would be directly impacted by project construction and development footprints.

2. The biological study must confirm the extent of the ESHA, document any site constraints and the presence of other sensitive resources. The study must use all required ESHA buffers, discuss the timing of proposed development, analyze potential impacts to all protected sensitive resources, and provide other information, analysis or potential project revisions or modifications necessary to protect the nearby resources to the maximum extent feasible.

3. The biological study must provide alternatives and mitigation measures to avoid significant impacts to ESHA, and any finding that there is no feasible alternative to avoid ESHA impacts must be supported by substantial evidence in the analysis of the study. Where habitat restoration or mitigation is required to eliminate or offset potential impacts to an ESHA, a detailed Restoration and Monitoring Plan is required, as provided later in this section.

4. The biological study must also describe the flora and/or fauna known to occur or having the potential to occur on the site, including specific discussion for any sensitive species with protected status.

5. Where trees suitable for nesting, roosting, or significant foraging habitat are present, a formal raptor survey must be conducted as part of the biological study. The study must include an analysis of the potential impacts of the proposed development on the identified habitat or species, an analysis of project alternatives designed to avoid or minimize those impacts.

6. Where the Initial Site Assessment indicates the presence or potential for wetland species or indicators, the Biological Study must include a wetland delineation of all wetland areas on the project site. A preponderance of hydric soils or preponderance of wetland indicator species will be considered presumptive evidence of wetland conditions. At a minimum, the wetland delineations must contain:

• a. A map at a scale of 1″:200′ or larger showing topographic contours.

  • b. An aerial base map.

  • c. A map at a scale of 1″:200′ or larger with polygons delineating all wetland areas, polygons delineating all areas of vegetation with a preponderance of wetland indicator species, and the locations of sampling points.

  • d. All area 100 feet upland of the extent of the wetland.

  • e. A description of the survey methods and surface indicators used for delineating the wetland polygons.

  • f. A statement of the qualifications of the person preparing the wetland delineation.

7. Where the Initial Site Assessment indicates the presence or potential for monarch butterfly ESHA, the Biological Study must include a Monarch Butterfly Protection Plan. At a minimum, the Plan must contain:

   • a. The mapped location of the cluster of trees where monarchs are known, or have been known, to roost in both autumnal and over-wintering aggregations.

   • b. An estimate of the size of the population within the colony.

     • c. The mapped extent of the entire habitat area.

     • d. The boundaries of the buffer zone around the habitat area.

   8. The research and survey methodology used to complete the study must also be provided.

   9. The biological study must be prepared by a professional biologist and have been completed within two years of the date of submittal of the application.

• C. Scale of Plans. The Site Plan and Grading Plan must be of a scale and contour interval to adequately depict the proposed work and delineate environmental features on the site.

• D. Restoration and Monitoring Plan. Where required, a Restoration and Monitoring Plan must be prepared by a professional biologist and include the following:

  1. A clear statement of the goals for ESHA habitat restoration. Characterization of the desired habitat, including an actual habitat, that can act both as a model for the restoration and as a reference site for developing success criteria must be included.

  2. Sampling of reference habitat using the methods that would be applied to the restoration site with reporting of resultant data.

  3. Quantitative description of the chosen restoration site.

  4. Requirements for designation of a qualified restoration biologist as the restoration manager who will be responsible for all phases of the restoration. Phases of the restoration may not be assigned to different contractors without on-site supervision by the restoration manager.

  5. A specific Grading Plan if the topography is proposed to be altered.

  6. A specific Erosion Control Plan if soil or other substrate would be significantly disturbed during the course of the restoration.

  7. A Weed Eradication Plan designed to eradicate existing weeds and to control future invasion by exotic species that is carried out by hand weeding and supervised by a licensed biologist.

8. A Planting Plan that specifies a detailed plant palette based on the natural habitat type that is the model for the restoration, using local native and non-invasive stock and requiring that if plants, cuttings, or seed are obtained from a nursery, the nursery must certify that they are of local origin and are not cultivars. The Planting Plan should provide specifications for preparation of nursery stock and include technical details of planting methods (e.g., spacing, mycorrhizal inoculation, etc.).

   9. An Irrigation Plan that describes the method and timing of watering and ensures removal of watering infrastructure by the end of the monitoring period.

   10. An Interim Monitoring Plan that includes maintenance and remediation activities, interim performance goals, assessment methods, and schedule.

   11. A Final Monitoring Plan to determine whether the restoration has been successful that specifies all of the following:

   • a. A basis for selection of the performance criteria;

   • b. Types of performance criteria;

   • c. Procedure for judging success;

   • d. Formal sampling design;

   • e. Sample size;

   • f. Approval of a final report; and

   • g. Provision for possible further action if monitoring indicates that initial restoration has failed.

• (Ord. 20-03 § 6; Ord. 20-09 § 5; Ord. 23-05 § 4)

• A. No new development, is allowed within an ESHA or ESHA buffer.

  1. Exception. Where consistent with the provisions of this section, new Capital Improvement Program projects, public accessways and trails, habitat restoration and enhancement projects when consistent with Sections 17.30.060(G) and 17.54.020(A)(6), and nature education and research activities.

• B. New development must minimize impacts to habitat values or sensitive species to the maximum extent feasible. Native vegetation must be provided in buffer areas to serve as transitional habitat. All ESHA buffers must be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect.

• C. Unless stated elsewhere in this Title or in the General Plan, new development must be sited and designed to avoid impacts to ESHAs. If there is no feasible alternative that can eliminate all impacts, then the alternative that would result in the fewest or least significant impacts must be selected. Any impacts that cannot be avoided must be fully mitigated, with priority given to onsite mitigation. Mitigation must be fully mitigated at a 3:1 ratio, unless otherwise specified in this chapter.

• D. Off-site mitigation measures will only be approved when it is not feasible to fully mitigate impacts on site. If impacts to on-site ESHAs occur in the Coastal Zone, any off-site mitigation area must also be located within the Coastal Zone.

• E. All mitigation sites must be monitored for a minimum period of five years following completion of installation, with changes made as necessary based on annual monitoring reports.

• F. Sites with required mitigation will be subject to deed restrictions and performance securities in a form acceptable to the City (e.g., bonds, letter of credit, etc.), in the amount of 125 percent of the estimated costs of mitigation to guarantee completion. The performance security will be released upon the City’s final inspection of the completed mitigation.

• (Ord. 20-03 § 6; Ord. 23-05 § 4)

All development must be designed and located to avoid disruption or degradation of habitat values. This standard requires that any project that has the potential to cause adverse impacts to an ESHA be redesigned, reduced in size, or relocated so as to avoid the impact or reduce the impact where complete avoidance is not possible.

• A. Proposed site designs must preserve wildlife corridors or habitat networks. Corridors must be of sufficient width to protect habitat and dispersal zones for small mammals, amphibians, reptiles, and birds.

• B. Land divisions are only allowed if each new lot being created, except for open space lots, is capable of being developed without building in any ESHA or ESHA buffer and without any need for impacts to ESHAs related to fuel modification for fire safety purposes.

• C. Site plans and landscaping must be designed to protect ESHAs. Landscaping, screening, or vegetated buffers, must retain, salvage, and/or re-establish vegetation that supports wildlife habitat whenever feasible. New development must incorporate design techniques that protect, support, and enhance wildlife habitat values. Planting of non-native, invasive species within ESHA or ESHA buffers must not be permitted.

• D. New development must not degrade water quality, including the ocean, lagoons, creeks, ponds, wetlands, or any other waterbody. Pollutants that could adversely affect protected, sensitive resources shall not be discharged or allowed to flow off site.

• E. All new development must be sited and designed to minimize grading, alteration of natural landforms and physical features, and vegetation clearance in order to reduce or avoid soil erosion, creek siltation, increased runoff, and reduced infiltration of stormwater, and to prevent net increases in baseline flows for any receiving water body.

• F. Light and glare from new development must be controlled and directed away from wildlife habitats. Exterior night lighting must be minimized, restricted to low-intensity fixtures, shielded, and directed away from ESHAs, consistent with the requirements and standards in Chapter 17.35 , Lighting.

• G. All new development must minimize potentially significant noise impacts on special-status species, consistent with the requirements of Chapter 17.39 , Performance Standards.

• H. All new development must be sited and designed to minimize the need for fuel modification or weed abatement for fire safety in order to preserve native and/or non-native supporting habitats. Development must use fire-resistant materials and incorporate alternative measures, such as firewalls and landscaping techniques that will reduce or avoid fuel modification activities.

• I. The timing of construction activities must be controlled to minimize potential disruptions or impacts to wildlife during critical time periods, such as nesting or breeding seasons.

• J. Grading, earthmoving, and vegetation clearance within or adjacent to ESHA is prohibited during the rainy season, generally from November 1st to March 31st, except:

  1. Where necessary to protect or enhance the ESHA itself; or

2. Where erosion control measures and best management practices (BMPs), such as sediment basins, silt fencing, sandbagging, or installation of geo-fabrics have been incorporated into the project, approved by the City, and installed prior to any grading operations; or

   3. Where necessary to remediate hazardous flooding or geologic conditions that endanger public health and safety.

• (Ord. 20-03 § 6)

The following standards apply to the ongoing management of ESHAs:

• A. The use of insecticides, herbicides, artificial fertilizers, or other toxic chemical substances that have the potential to degrade ESHAs shall be prohibited within and adjacent to ESHA, except where part of an approved project that protects, restores, or enhances the ESHA itself.

• B. Mosquito abatement must be limited to the implementation of the minimum measures necessary to protect human health and must be undertaken in a manner that minimizes adverse impacts to the ESHAs.

• C. Weed abatement, brush-clearing, and fire fuel reduction activities for fire safety purposes must be the minimum that is necessary to accomplish the intended purpose. Techniques will be limited to mowing and other low-impact methods, such as using hand crews for brushing, tarping, and hot water/foam for weed control. Disking is prohibited.

• D. Where there are feasible alternatives, existing sewer lines and other utilities that are located within an ESHA must be taken out of service, abandoned in place, and replaced by facilities located outside the ESHA to avoid degradation of the ESHA resources.

• E. Removal of non-native, invasive plant species within ESHAs may be allowed and encouraged, unless the non-native plants significantly contribute to habitat values.

• F. The following flood management activities may be allowed in creek and creek protection areas: desilting, obstruction clearance, minor vegetation removal, and similar flood management methods.

• G. Habitat restoration or enhancement projects that are not subject to Section 17.54.020(A)(6), Zoning Clearance, shall be subject to review and approval of a Minor Conditional Use Permit unless a Development Plan or other approval is already required for a project that includes the habitat restoration or enhancement.

• (Ord. 20-03 § 6; Ord. 23-05 § 4)

• A. Purpose and Applicability. The purpose of a Streamside Protection Area (SPA) designation in the General Plan is to preserve and enhance the SPA in order to protect the associated riparian habitats and ecosystems as well as the water quality of streams. The SPA consists of the riparian vegetation in the buffer area adjacent to streams.

• B. Required SPA Buffer. The SPA upland buffer must be 100 feet outward on both sides of the stream, measured from the top of the bank or the outer limit of the riparian vegetation, whichever feature is further from the creek. The Review Authority may expand or reduce the upland buffer, or portions thereof, on a case-by-case basis, as provided in this section.

• C. Reduction in the SPA Buffer.

  1. Upon request of an applicant, the Review Authority may allow portions of a SPA upland buffer to be less than 100 feet, as such measurement is prescribed in subsection B above, but not less than 25 feet, with approval of a Major Conditional Use Permit, provided the Review Authority finds, on the basis of substantial evidence in the record, that:

     • a. The reduction in the SPA upland buffer will not have a significant adverse effect on streamside vegetation or the biotic quality of the stream;

     • b. There is no feasible alternative siting for the proposed project that will avoid an incursion into the SPA upland buffer;

     • c. In the absence of a reduction in the SPA upland buffer, the applicant cannot make reasonable economic use of the parcel; and

     • d. The approved amount of reduction in the SPA upland buffer is no greater than necessary to allow a reasonable economic use of the parcel.

  2. Upon receipt of an application for an SPA upland buffer reduction, the Director may direct preparation by a City-selected consultant of a Biological Report, an economic/financial analysis and/or any other study or report the Director deems necessary in the Director’s reasonable discretion, at the applicant’s expense, to assist the Review Authority in making the above findings. At the request of the Director, the applicant shall provide information

that the Director deems necessary, in the Director’s reasonable discretion, to produce the above-referenced studies or reports, including, but not limited to, financial data, land appraisal data, acquisition cost, land development/construction cost data, prospectuses, and financial/revenue projections. The application will not be deemed complete until the required reports are completed to the Director’s satisfaction.

• D. Expansion of the SPA Buffer. In connection with consideration of any discretionary entitlement for a parcel adjoining a creek, the Review Authority may expand the SPA upland buffer beyond 100 feet as necessary to avoid a significant adverse effect on streamside vegetation or the biotic quality of the stream. The buffer may be expanded provided that the applicant may still make reasonable economic use of the parcel.

Buffer.** In connection with consideration of any discretionary entitlement for a parcel adjoining a creek, the Review Authority may expand the SPA upland buffer beyond 100 feet as necessary to avoid a significant adverse effect on streamside vegetation or the biotic quality of the stream. The buffer may be expanded provided that the applicant may still make reasonable economic use of the parcel.

• E. Allowable Uses within SPAs. The following compatible land uses may be allowed within SPAs, subject to certain limitations and permit requirements of this Title, including those requiring avoidance or mitigation of impacts:

  1. Agricultural operations, provided they are compatible with preservation of riparian resources.

  2. Fencing and other access barriers along property boundaries and along SPA boundaries.

  3. Maintenance of existing roads, driveways, utilities, structures, and drainage improvements.

  4. Construction of public road crossings and utilities, provided there is no feasible, less environmentally damaging alternative.

  5. Construction and maintenance of foot trails, bicycle paths, and similar low-impact facilities for public access.

  6. Resource restoration or enhancement projects.

  7. Nature education and research activities.

  8. Low-impact interpretive and public access signage.

  9. Other Public Works projects, as identified in the Capital Improvement Plan, only where there are no reasonably feasible, less environmentally damaging alternatives.

• F. Notification to Impacted Property Owners. The City shall notify, at a developer’s expense where applicable, all property owners where a development or restoration project will result in a change to the mapped riparian habitat that would lead to a change in the developable area on the owner’s property.

• (Ord. 20-03 § 6; Ord. 23-05 § 4)

In new subdivisions of land, SPAs must not be included within developable lots. SPAs must be located within a separate parcel or parcels, unless the subdivider demonstrates that it is not feasible to create a separate open space lot for the SPA. An easement or deed restriction must be required that limits the types of uses allowed within or upon the open space lot to those set forth in Section 17.30.070(C) .

• (Ord. 20-03 § 6)

The biological productivity and the quality of wetlands must be protected and, where feasible, restored in accordance with the Federal and State regulations that apply to wetlands within the Coastal Zone. Only uses permitted by the regulating agencies are allowed within wetlands.

• A. Filling, Diking, or Dredging. The filling, diking, or dredging of open coastal waters, wetlands, estuaries, and lakes is prohibited, unless it can be demonstrated that:

  1. There is no feasible, environmentally less damaging alternative to wetland fill, as determined through environmental review under CEQA;

  2. The extent of the fill is the least amount necessary to allow development of the permitted use;

  3. Mitigation measures have been incorporated into the project design or are included in conditions of approval to minimize adverse environmental effects; and

  4. The purposes of the fill are limited to: incidental public services (e.g., burying cables or pipes, etc.); restoration of wetlands; and nature study, education, or similar resourcedependent activities.

• B. Required ESHA Buffer. A wetland buffer is required to ensure the biological integrity and preservation of the wetland is required. The buffer area must serve as transitional habitat with native vegetation and must provide physical barriers to human intrusion while still allowing wildlife passage.

  1. Generally, the required wetland buffer shall be at least 100 feet in width, but in no case shall the wetland buffer be less than 50 feet in width.

  2. The Review Authority must consider the type and size of the development; the sensitivity of the wetland resources to detrimental edge-effects of the development to protected resources; natural features such as topography, the functions and values of the wetland; and the need for upland transitional habitat.

  3. In no case shall the 100-foot minimum wetland buffer area be reduced in width by the Review Authority when it serves the function of slowing and absorbing water for flood and erosion control, sediment filtration, water purification, and groundwater recharge.

• (Ord. 20-03 § 6)

• A. Filling of Wetlands. The biological productivity and the quality of inland wetlands must be protected and, where feasible, restored. The filling of wetlands outside the Coastal Zone is prohibited, unless it can be demonstrated that:

  1. The wetland area is small, isolated, not part of a larger hydrologic system, and generally lacks productive or functional habitat value;

  2. The extent of the fill is the least amount necessary to allow reasonable development of a use allowed this Title; and

  3. Mitigation measures are incorporated into the project design, or are included in conditions of approval, to minimize adverse environmental effects, including restoration or enhancement of habitat values of wetlands at another location on the site, or at another appropriate off-site location within the City.

• B. Required ESHA Buffer. A wetland buffer is required to ensure the biological integrity and preservation of the wetland is required. The buffer area must serve as transitional habitat with

native vegetation and must provide physical barriers to human intrusion while still allowing wildlife passage.

1. The required wetland buffer shall be no less than 50 feet in width.

2. The Review Authority must consider the type and size of the development, the sensitivity of the wetland resources to detrimental edge-effects of the development to the resources, natural features such as topography, the functions and values of the wetland, and the need for upland transitional habitat.

• (Ord. 20-03 § 6)

Where any dike or fill development is permitted in a wetland pursuant to this chapter, creation or substantial restoration of wetlands of a similar type is required to mitigate the loss of wetland area. Impacts must be mitigated at a ratio of 3:1, unless the project applicant provides evidence that the creation or restoration of a lesser area of wetlands will fully mitigate the adverse impacts. However, in no event can the required mitigation ratio be less than 2:1. (Ord. 20-03 § 6)

The lagoon areas at the mouths of Bell Canyon and Tecolote Creeks must be preserved and protected. Lagoon breaching or water level modification is not allowed. (Ord. 20-03 § 6)

Vernal pools shall be preserved and protected. New trails must be sited and constructed in a manner that avoids impacts to vernal pool hydrology and that will allow restoration by removing several informal trail segments that bisect sensitive vernal pool habitats. (Ord. 20-03 § 6)

The following standards apply to any development in an ESHA that would potentially affect coastal bluff scrub, coastal sage scrub, and chaparral:

• A. Wildlife Corridors. To the maximum extent feasible, development must avoid impacts to habitat that is part of a wildlife movement corridor and the impact would preclude animal movement or isolate ESHAs previously connected by the corridor, such as: (1) disrupting associated bird and animal movement patterns and seed dispersal; and/or (2) increasing erosion and sedimentation impacts to nearby creeks or drainages.

• B. Required ESHA Buffer. Impacts to ESHA discussed within this section shall be minimized by providing at least a 25-foot buffer restored with native species around the perimeter.

• C. Vegetation Removal. The removal of non-native, invasive, or exotic species is allowed; however, any revegetation must be with plants or seeds collected within the same watershed whenever feasible.

• (Ord. 20-03 § 6)

Native oak woodland and savanna areas must be preserved and protected. (Ord. 20-03 § 6)

Native grasslands must be preserved and protected.

• A. Applicability. This section applies to areas where native grassland species comprise 10 percent or more of the total relative plant cover. Where a high density of separate small patches occurs in an area, the whole area must be delineated as native grasslands.

• B. Native Grassland Protection Standards.

  1. To the maximum extent feasible, development shall avoid impacts to native grasslands that would destroy, isolate, interrupt, or cause a break in continuous habitat that would:

     • a. Disrupt associated animal movement patterns and seed dispersal; or

     • b. Increase vulnerability to weed invasions.

  2. Removal or disturbance to a patch of native grasses less than one-quarter acre that is clearly isolated and is not part of a significant native grassland or an integral component of a larger ecosystem may be allowed. Removal or disturbance to restoration areas shall not be allowed.

• C. Required ESHA Buffer. Impacts to protected native grasslands must be minimized by providing at least a 10-foot buffer that is restored with native grass species around the perimeter of the delineated native grassland area.

• D. Vegetation Removal. The removal of non-native, invasive, or exotic species is allowed. Native grassland revegetation must be done with plants or seeds collected within the same watershed whenever feasible.

• (Ord. 20-03 § 6)

• A. Any development on the beach or ocean bluff areas adjacent to marine ESHAs must be sited and designed to prevent impacts that could significantly degrade the marine ESHAs. Grading and landform alteration must be limited to minimize impacts from erosion and sedimentation on marine resources.

• B. Marine mammal habitats, including haul-out areas, must not be altered or disturbed by development.

• C. Near-shore, shallow fish habitats and shore fishing areas must be preserved and, where appropriate and feasible, enhanced.

• D. Beach Activities. Beaches and shoreline areas shall be limited to coastal-dependent activities that are compatible with preservation of the quality of the resource, including coastal-dependent recreation activities such as swimming, surfing, boating and kayaking, and fishing.

  1. Motorized Vehicles. The use of motorized vehicles on the beach, including off-road vehicles, is prohibited, except for beach maintenance and emergency response vehicles of public agencies.

  2. Permit Required. Any commercial coastal-dependent recreation activities that would limit use of beach and shoreline areas to customers and exclude the general public shall be subject to approval of a Major Conditional Use Permit.

• (Ord. 20-03 § 6)

All monarch butterfly ESHAs within the City must be protected against significant disruption of habitat values. Only those uses or development that are dependent upon and compatible with maintaining such sensitive habitat must be allowed within these ESHAs or their required buffers.

• A. Applicability. Sites that provide the key elements essential for successful monarch butterfly aggregation areas and locations where monarchs have been historically present are both classified as ESHAs. These areas include stands of eucalyptus or other suitable trees that offer shelter from strong winds and storms, provide a microclimate with adequate sunlight, are situated near a source of water or moisture, and provide a source of nectar to nourish the butterflies.

• B. Monarch Butterfly Protection Standards.

  1. No development, except as otherwise allowed by this section, is allowed within monarch butterfly ESHAs or ESHA buffers including grading and other activities that could alter or negatively impact the surface and subsurface hydrology that sustains the groves of trees.

  2. Since the specific locations of aggregation sites may vary from year to year, the focus of protection must be the entire grove or stand of trees rather than individual trees where aggregation and roosting occurs.

  3. Removal of vegetation within monarch butterfly ESHAs is prohibited, except for minor pruning of trees, or removal of dead trees and debris that threaten public safety, private property, or other public facilities.

  4. Public accessways are considered resource-dependent uses and may be located within a monarch butterfly ESHA or its buffer; however, such accessways must be sited to avoid or minimize negative impacts to aggregation sites.

  5. Interpretative signage is permitted within a monarch butterfly ESHA or its buffer, but shall be designed to be visually unobtrusive.

  6. Butterfly research, including tree disturbance or other invasive methods, may be allowed subject to the approval of a Zoning Clearance.

• C. Required ESHA Buffer. A buffer of a sufficient size is required to ensure the biological integrity and preservation of the monarch butterfly ESHA, including aggregation sites and surrounding grove of trees.

  1. Buffers shall not be less than 100 feet around existing and historic aggregation and roost sites, as measured from the outer extent of the tree canopy. The required buffer area must include native vegetation and provide physical barriers to human intrusion.

  2. The required buffer may be reduced to 50 feet only in circumstances where the trees contribute to the habitat but are not considered likely to function as an aggregation site, such as along narrow windrows.

• D. Construction Standards. A temporary fence must be installed along the outer boundary of the ESHA buffer prior to and during any grading and construction activities on the site. If an active roost or aggregation is present on the project site, any construction grading, or other development within 200 feet will be prohibited between October 1st through March 1st.

• (Ord. 20-03 § 6)

• A. Dunes. Dunes must be protected and, where feasible, enhanced as ESHAs.

  1. Vehicle traffic through dunes is prohibited.

  2. Where pedestrian access through dunes is allowed, well-defined footpaths or other means of directing use and minimizing adverse impacts must be used.

  3. Active nesting areas for sensitive bird species, such as western snowy plovers and least terns, must be protected by fencing, signing, or other means.

• B. Seabird Nest Areas. In order to protect seabird nesting areas, new pedestrian access is not permitted on the bluff face, except along existing and planned public trails or stairways shown in the General Plan.

• C. Buffer Areas for Raptor Species. Active and historical raptor nests are to be protected.

  1. New development must be designed to provide a 100-foot buffer around active and historical nesting sites for protected species of raptors when feasible.

  2. If a biological study determines that an active raptor nest exists on a development site, no vegetation clearing, grading, construction, or other development activity is permitted within a 300 feet of the nest site during the nesting and fledging season to the extent feasible.

• D. Protection of Special-Status Species. Habitats for individual occurrences of special-status plants and animals, including candidate species for listing under the State and Federal Endangered Species Acts, California species of special concern, California Native Plant Society List of Rare Plant Rank 1B plants, and other species protected under the provisions of the California Fish and Wildlife Code must be protected. All development must be located, designed, constructed, and managed to avoid disturbance of adverse impacts to special-status species and their habitats, including spawning, nesting, rearing, roosting, foraging, and other elements of the required habitats.

• (Ord. 20-03 § 6)

If a project includes a change to the extent of mapped ESHA, as represented on Figure 4-1 of the City's General Plan Conservation Element, the Planning Commission shall be the Review Authority for the project and make, in addition to any other findings required for the project, the following finding at a public hearing:

• A. Based on substantial evidence, including a site-specific Biological Study prepared consistent with subsection 17.30.030(B) and peer reviewed by a City-retained biologist, the physical extent of the ESHA applicable to the project is accurately reflected in a manner that refines the locations of ESHA shown in Figure 4-1 of the City's General Plan Conservation Element.

• (Ord. No. 24-05, 12/3/2024)