Mendocino County Municipal Code Ch. 20.512 Harbors, Commercial and Sport Fishing

This Chapter shall apply specifically to Noyo and Albion Harbors and generally to all areas of Coastal Mendocino County which support the commercial and sport fishing and recreational boating industries.

(Ord. No. 3785 (part), adopted 1991)

The purpose of this Chapter is to protect the commercial and sport fishing and recreational boating industries, insure that necessary support services are provided to these industries and protect coastal marine resources.

(Ord. No. 3785 (part), adopted 1991)

(A) Diking, Dredging, Filling. Diking, dredging and filling shall be permitted subject to a Coastal Development Use Permit, where there is no feasible less environmentally damaging alternative, and where feasible, mitigation measures have been provided to minimize adverse environmental effects, and in accordance with the following provisions:

(1) Prior to granting the use permit the findings pursuant to Section 20.532.095(A) shall be made.

(2) Conditional uses shall be limited to the following:

(a) New or expanded port, energy, and coastal dependent industrial facilities, including commercial fishing facilities;

(b) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps;

(c) In wetlands pursuant to Section 20.532.095(A);

(d) In open coastal waters, other than wetlands, including streams and estuaries, new or expanded boating facilities;

(e) Incidental public service purposes which temporarily impact the resource including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines;

(f) Mineral extraction such as sand for restoring beaches, except in environmentally sensitive habitat areas;

(g) Nature study, aquaculture, excluding ocean ranching of anadromous fish, or similar coastal resource—dependent activities;

(h) Restoration purposes.

(3) To facilitate the continued delivery of nutrients and sediments to the littoral zone, whenever feasible, the material removed from conditionally approved projects listed above may be placed at appropriate points on the shoreline in accordance with other applicable provisions of this Division, where feasible mitigation measures have been provided to minimize adverse environmental effects. Aspects that shall be considered before issuing a Coastal Development Permit for such purposes are the method of placement, time of year of placement, and sensitivity of the placement area.

(B) Revetments, Breakwaters, Groins, Harbor Channels, Seawalls, Cliff Retaining Walls. Construction that alters natural shoreline processes (such as the above) may be permitted subject to a Coastal Development Use Permit and in accordance with the following provisions:

(1) Prior to granting the use permit the findings pursuant to Section 20.500.020(E) shall be made.

(2) The design and construction of allowed protective structures shall respect natural landforms, provide for lateral beach access and minimize visual impacts through all available means.

(3) These uses shall be allowed only where required to:

(a) Serve coastal-dependent uses, or

(b) Protect existing structures or public beaches in danger of erosion.

(C) Development projects shall be referred to the appropriate Harbor District for review and comment. At the time of the coastal permit application review the County shall request a report from the Harbor District to determine the effect of the proposal on the commercial fishing industry and to recommend appropriate mitigation measures to reduce significant impacts.

(Ord. No. 3785 (part), 1991)