Mendocino County Municipal Code Ch. 15.32 Control of Vehicular Use on Public Beaches, Dunes and Sensitive…

This Chapter implements policies 3.1-15, 3.1-18 and 3.1-30 of the Mendocino County General Plan, Coastal Element by prohibiting vehicular traffic on public beaches, dunes and in sensitive wildlife habitat areas except for areas expressly designated for such use by this Chapter. Utilization of these resources should protect these resources from degradation as an ecological, visual and recreational resource. The provisions of this Chapter, therefore, are necessary for the preservation of the public peace, safety, health and welfare.

A. Policy 3.1-15 reads as follows:

Dunes shall be preserved and protected as environmentally sensitive habitats for scientific, educational and passive recreational uses. Vehicle traffic shall be prohibited. Where public access through dunes is permitted, well-defined footpaths or other means of directing use and minimizing adverse impacts shall be developed and used.

New development on dune parcels shall be located in the least environmental damaging location and shall minimize the removal of natural vegetation and alteration of natural landforms. No new parcels shall be created entirely within sand dune habitat. One housing unit shall be authorized on every legal parcel existing on the date of adoption of this plan, provided that adequate access, water, and sewage disposal capacity exists and that the proposed development is consistent with all other applicable policies of this Coastal Element and meets all applicable health standards.

B. Policy 3.1-18 reads as follows:

Public access to sensitive wildlife habitats such as rookeries or haulout areas shall be regulated, to insure that public access will not significantly adversely affect the sensitive resources being protected.

Development within buffer areas recommended by the California Department of Fish and Game to protect rare or endangered wildlife species and their nesting or breeding areas shall meet guidelines and management practices established by the Department of Fish and Game, and must be consistent with other applicable policies of this plan.

C. Policy 3.1-30 reads as follows:

Vehicle traffic shall be prohibited from all public beach areas except for emergency purposes and maintenance unless specifically designated for vehicular use.

(Ord. No. 3799 (part), adopted 1991.)

1. "Dunes" means sand formed in hills or ridges by the wind and sometimes stabilized by vegetation. Dunes are distinct ecosystems made up of various community types, ranging from open unvegetated sand hills to stabilized dune forests. This highly specialized habitat can be extremely unstable and sensitive to the continued interplay of surf, sand, and wind.

2. "Public beach" means that area of land between the mean low tide line and the toe of the bluff or first line of vegetation that is owned, operated, or controlled by the state, any state agency, or any local government or agency. Included are lateral easements granted by private property owners for passive recreational use.

3. "Vehicle" means a device by which any person or object may be propelled, moved or drawn across land, excepting a device moved exclusively by human power.

4. "Wetlands" means lands covered periodically or permanently with shallow water, including saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Wetlands are extremely fertile and productive environments. Tidal flushing from the ocean and/or nutrient-rich freshwater runoff mix to form a delicate balance responsible for their productivity. They function as nurseries for many aquatic species and serve as feeding and nesting areas for water fowl, shorebirds and wading birds, as well as a few rare and endangered species such as the Peregrine Falcon.

5. "Rookeries and haulout areas": Five of the major seabird rookeries are Cape Vizcaino, Goat Island, Devil's Basin Rocks, White, and Fish Rock. Sea lion and harbor seal rookeries use Laguna Rock, Goat Island, Sea Lion Rock and Fish Rock. These mammals also use the offshore rocks near Caspar Headlands, Buckhorn Cove and Devil's Basin as haulout areas.

(Ord. No. 3799 (part), adopted 1991.)

No person may operate a vehicle on, over or in any public beach area, dunes or sensitive wildlife habitat areas except when engaged in a bona fide emergency or rescue operation or repair activity conducted solely to protect public health and safety, or in an area specifically designated for such use by this chapter.

(Ord. No. 3799 (part), adopted 1991.)

Exempted from the operation of this Chapter are those uses recognized by Coastal Element policies 3.1-4, 3.1-6, 3.1-10, 3.1-12, 3.1-16, 3.1-17 and 3.1-19 as set forth below:

A. Policy 3.1-4 reads as follows:

As required by the Coastal Act, development within wetland areas shall be limited to:

1. Port facility construction or expansion, Section 30233(a)(l).

2. Energy facility construction or expansion, Section 30233(a)(l).

3. Coastal-dependent industrial facilities such as commercial fishing facilities, construction or expansion, Section 30233(a)(l).

4. Maintenance or restoration of dredged depths or previously dredged depths in: navigational channels, turning basins, vessel berthing and mooring areas, and associated with boat launching ramps.

5. In wetland areas, only entrance channels for new or expanded boating facilities may be constructed, except that in a degraded wetland, other boating facilities may be permitted under special circumstances, Section 30233(a)(3). New or expanded boating facilities may be permitted in estuaries, Section 30233(a)(4).

6. Incidental public services purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.

7. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.

8. Nature study purposes and salmon restoration projects.

9. Aquaculture, or similar resource dependent activities excluding ocean ranching.

In any of the above instances, the diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes, shall be permitted in accordance with all other applicable provisions of this plan. Such requirements shall include a finding that there is no feasible less environmentally damaging alternative and shall include mitigation measures required to minimize adverse environmental effects, in accordance with Sections 30233 and 30607, and other provisions of the Coastal Act.

B. Policy 3.1-6 reads as follows:

In the wetland portions of Ten Mile River, Big River, development shall be limited to wetland restoration and nature study and salmon restoration projects.

C. Policy 3.1-10 reads as follows:

Areas where riparian vegetation exists, such as riparian corridors, are environmentally sensitive habitat areas and development within such areas shall be limited to only those uses which are dependent of the riparian resources. All such areas shall be protected against any significant disruption of habitat values by requiring mitigation for those uses which are permitted. No structure or development, including dredging, filling, vegetation removal and grading, which could degrade the riparian area or diminish its value as a natural resource shall be permitted in the Riparian Corridor except for:

1. Channelizations, dams, or other substantial alterations of rivers and streams as permitted in Policy 3.1-9.

2. Pipelines, utility lines and road crossings, when no less environmentally damaging alternative route is feasible.

3. Existing agricultural operations.

4. Removal of trees for disease control, public safety purposes, or for firewood for the personal use of the property owner at his or her residence. Such activities shall be subject to restrictions to protect the habitat values.

D. Policy 3.1-12 reads as follows:

Vehicle traffic, exclusive of that necessary for conducting timber harvest plans and farm implements, in wetlands and riparian areas shall be confined to roads. Multi-use non-motorized trails and access to riparian areas are permitted if no long-term adverse impacts would result from their construction, maintenance and public use. Trails should be made from porous materials.

E. Policy 3.1-16 reads as follows:

All dune landowners whose property is subject to dune encroachment shall be allowed to take reasonable actions which are deemed necessary to protect existing structures after obtaining a Coastal Development Permit.

Such actions may include removal of sand, construction of fences or walls to impede sand movement and planting of vegetation for dune stabilization. These projects shall be subject to provisions regarding sand extraction, and shall be processed under conditional use procedures. Appropriate public agencies that either own large portions of the dunes or that can provide soil conservation advice and assistance should be invited to participate in necessary dune stabilization projects.

F. Policy 3.1-17 reads as follows:

All applications for sand removal, mining or gravel extraction operations on land or in stream beds within the Coastal Zone shall be subject to a Coastal Development Permit. Detailed extraction and restoration plans shall be submitted as part of all required applications. Responses shall be obtained from appropriate referral agencies, including the State Lands Commission, California Department of Fish and Game, Regional Water Quality Control Board and U. S. Army Corps of Engineers, and this data considered in developing any necessary conditions for approval. All approved operations shall be adequately monitored to ensure protection of wildlife and plant habitats and to prevent any degradation of coastal resources. Time limits of up to five years shall be placed upon all such permits to allow for periodic public and agency review of mining operations. Performance bonds shall be required to ensure proper restoration of the sites.

All mining, gravel extraction and sand removal operations in the coastal zone shall be subject to the following standards:

1. Shall prevent siltation and other sources of pollutants that might enter streams by requiring silt traps or other approved methods for controlling potential pollutants and runoff from each operation.

2. Shall be conducted during times of the year which will have the least adverse impacts on fish and wildlife resources.

3. Shall not be conducted on vegetated bars or dunes.

4. Shall minimize disturbance to stream banks and shall incorporate measures necessary to prevent increased erosion as a result of the project.

5. For all projects larger than the removal of 1,000 cubic yards cumulatively, a reclamation plan of the project site shall be prepared and submitted and shall be carried out at such time as designated on the permit. For projects involving the removal of less than 1,000 cubic yards, a reclamation plan shall not be required. In both cases, the applicant shall protect coastal resources by mitigating for adverse impacts on the affected coastal resources. If a categorical exclusion has been granted to the County by the Coastal Commission, the specifics of that exclusion shall apply to those developments.

G. Policy 3.1-19 reads as follows:

The following activities and facilities shall be permitted in estuaries, consistent with applicable policies of this plan:

1. Expansion of existing port or harbor facilities on the Noyo and Albion Rivers.

2. Expansion of coastal dependent industrial facilities, such as commercial fishing facilities on the Noyo and Albion Rivers.

3. Existing navigational channels may be maintained to existing depths.

4. Expansion of dredged areas in either length, width or depth shall be contingent upon the finding that the proposed expansion will have only minimal adverse environmental effects and that the expansion is necessary to support a coastal dependent use.

5. Existing dredged areas shall be allowed to be maintained to designed conditions.

6. New or expanded boating facilities shall be limited to entrance channels in wetlands, upon the finding that they are required by a coastal dependent use.

7. Continued maintenance of dredge disposal sites and continued use of Noyo Spoil disposal site should be permitted.

8. New or expanded energy facilities except those related to offshore oil development, petroleum production or processing.

9. New or expanded boating facilities.

10

Incidental public service purpose, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.

11. Restoration purposes.

12. Nature study, aquaculture, or similar resource dependent activities except ocean ranching of anadromous fish.

(Ord. No. 3799 (part), adopted 1991.)

Violations of this Chapter are declared to be infractions and punished as prescribed in Government Code Section 25132.

(Ord. No. 3799 (part), adopted 1991.)