§ 23.07

Combining designations are used to identify and highlight areas of the county having natural or built features which are sensitive, hazardous, fragile, of cultural or educational value, or of economic value as extractable natural resources. The purpose of combining designation standards is to require project design that will give careful consideration to the land features, structures and activities identified by the combining designations. These standards provide for more detailed project review where necessary to support public

safety or proper use of public resources, or to satisfy the requirements of the California Coastal Act and the Local Coastal Plan, the certified Land Use Plan of the San Luis Obispo County Local Coastal Program.

The standards of this chapter apply to all projects for which a land use permit is required, when a project is within a combining designation shown on the official maps (Part III of the Land Use Element). When applicable, these standards apply to a project in addition to any requirements of planning area standards (Part II of the Land Use Element), and the other requirements of this ordinance. When the standards of this chapter conflict with other chapters of this title, these standards shall control for the purposes of this title. If the standards of this chapter conflict with planning area standards (Part II of the Land Use Element), the planning area standards control. Any determination that the provisions of this chapter do not apply to a specific land use shall not be construed as exempting the land use from other applicable requirements of this title.

The Airport Review combining designation is applied to specific parcels by the Official Maps (Part III) of the Land Use Element, to recognize areas around airports where certain land uses and site development characteristics may conflict with aircraft maneuvers or with the safe and functional use of the airport. The standards of these sections regulate objects affecting navigable airspace, consistent with federal regulations. The Airport Review combining designation is applied to:

a.

Areas below the several imaginary surfaces around each airport established by the U.S. Federal Aviation Administration in its Federal Aviation Regulations, Volume XI, Part 77.

b.

Those areas surrounding each airport as identified in plans adopted by the San Luis Obispo County Airport Land Use Commission.

The two areas described above are identified in Part II of the Land Use Element, which also contains special standards for specific Airport Review combining designation areas.

Developments within areas covered by land use plans adopted by the San Luis Obispo County Airport Land Use Commission are limited to those identified in the plans as "compatible" and "conditionally approvable." Projects conditionally approvable may be granted a permit only when in conformity with all conditions of the applicable airport land use plan or implementing rules adopted pursuant thereto.

In addition to the provisions of Chapter 23.02 of this Title, all applications are to include such descriptive and plan information as necessary to determine compliance with these airport review sections.

The following standards apply to projects in the AR combining designation in addition to the provisions of Section 23.04.120 (Heights):

a.

Except as otherwise provided in this section, no structure shall be erected, altered, replaced, repaired or rebuilt, or tree be allowed to grow higher or be replanted, in any airport approach area, airport turning area, or airport transition area to a height that would project above the approach surface, the horizontal surface, the conical surface, or the transitional surfaces as defined by this title.

b.

The maximum height of Subsection a may be increased by the San Luis Obispo County Airport manager, where existing terrain features near a proposed project are higher than proposed structures, and no additional hazard to air traffic will result. In such cases, the height of proposed structures may be increased to a maximum height equivalent to the terrain feature. Any allowed increase in height may be conditioned to require the owner of the proposed structure to install, operate, and maintain on the structure markers and lights that may be necessary to indicate to flyers the presence of an aviation hazard.

The following standard shall apply in addition to the provisions of Chapter 23.06 of this Title: Except as provided in Section 23.07.020, no use may be made of land within any airport approach area, airport turning area, or airport transition area, in a manner to create electrical interference with radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft.

To assure continued viability of avigable airspace within Airport Review areas, approval of a land use permit is subject to the property owner providing the county an avigation easement for all projects in areas identified in the applicable airport land use plan as needing an avigation easement.

Any appeal or variance to Section 23.07.022 or 23.07.026 requested pursuant to Section 23.01.042a or 23.01.044 shall first be transmitted to the San Luis Obispo County Airport Land Use Commission for its consideration in accordance with Section 21676 of the California Public Utilities Code. No subsequent approval of the appeal or variance to a degree greater than that set by the Airport Land Use Commission shall be of any effect unless and until the Board of Supervisors so determines by a vote of not less than four-fifths.

As applied to specific parcels by the Official Maps (Part III) of the Land Use Element, an Energy and Extractive Resource Area combining designation is used to identify areas of the county where:

a.

Mineral or petroleum extraction occurs or is proposed to occur;

b.

The state geologist has designated a mineral resource area of statewide or regional significance pursuant to Sections 2710 et seq. of the Public Resources Code (the Surface Mining and Reclamation Act);

c.

Major public utility electric generation facilities exist or are proposed.

The purpose of this combining designation is to protect significant resource extraction and energy production areas identified by the Land Use Element from encroachment by incompatible land uses that could hinder resource extraction or energy production operations, or land uses that would be adversely affected by extraction or energy production.

[Amended 1992, Ord. 2591]

When located in an EX area, all proposed land uses required to have land use permit approval by Chapter 23.03 (Permit Requirements), Chapter 23.08 (Special Uses), or by planning area standards of the Land Use Element (Part II), are subject to the requirements of Sections 23.07.040 through 23.07.044.

a.

Permit required:

(1)

Resource extraction: The land use permit requirements for oil wells or mining operations are to be as determined by Sections 23.08.170 et seq. (Resource Extraction).

(2)

Electric generating facilities: The land use permit requirements for new electric generation facilities and modifications to existing facilities are determined by Sections 23.08.300 et seq. (Electric Generating Plants).

(3)

All other land uses: Proposed land uses not directly related to energy or extraction operations are subject to Minor Use Permit approval, unless the project would otherwise be required by this title to have Development Plan approval.

b.

Application content:

(1)

Resource extraction: As required by Sections 23.08.170, et seq. (Resource Extraction).

(2)

Electric generating facilities: As required by Section 23.08.300, et seq. (Electric Generating Plants). [Amended 1992, Ord. 2591]

(3)

All other land uses: Where a land use other than resource extraction or electric generation is proposed in an EX area, the permit application is to include a mineral resource report prepared by a geologist or mining engineer that evaluates:

(i)

The estimated extent and commercial value of any mineral resources located on the site or known to be within the vicinity of the proposed uses;

(ii)

The feasibility of extracting the identified mineral resources within a reasonable time before development of the proposed use;

(iii)

The feasibility of conducting resource extraction operations at the same time as the proposed use.

c.

Required findings: Approval of any use other than energy production or resource extraction may be granted when the finding is made that the proposed use will not adversely affect the continuing operation or expansion of the energy or extraction use.

[Amended 1993, Ord. 2591; 1995, Ord. 2715]

Resource extraction operations are to be established and operated in accordance with the standards of Sections 23.08.170 et seq. (Resource Extraction). Development standards for electric generating facilities are to be in accordance with Sections 23.08.300 et seq. (Electric Generating Plants). Development standards for other land uses are to be established through the land use permit review and approval process.

[Amended 1993, Ord. 2591; 1995, Ord. 2715]

The Flood Hazard combining designation is applied to specific parcels by the Official Maps (Part III) of the Land Use Element to areas where terrain characteristics would present new developments and their users with potential hazards to life and property from potential inundation by a 100-year frequency flood or within

coastal high hazard areas. These standards are also intended to minimize the effects of development on drainage ways and watercourses. The areas of special flood hazard identified by the Federal Insurance Administration, through the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the San Luis Obispo County," dated July 18, 1985, with accompanying flood insurance rate maps, and any subsequent revisions to the flood insurance rate maps or flood area boundary maps, are hereby adopted and incorporated into this title by reference as though they were fully set forth here. The flood insurance study is on file in the County Public Works office.

[Amended 1992, Ord. 2570; 2004, Ord. 3025]

23.07.062 - Applicability of Flood Hazard Standards.

All uses proposed within a Flood Hazard combining designation are subject to the standards of Sections 23.07.064 through 23.07.066, except:

a.

Temporary uses: With the approval of the Director of Public Works, the of Planning and Building Director may authorize construction or placement of a temporary structure or use within a Flood Hazard area pursuant to the required land use permit without meeting these standards, provided that the structure or use will not be in place from October 15, to April 15.

b.

Emergency work: Emergency work may be undertaken where necessary to preserve life or property. Within 48 hours after commencement of such work, the Director of Public Works is to be notified and an application filed with the Department of Planning and Building in compliance with the provisions of Section 23.07.064.

c.

Existing uses: The continuance, operation, repair, or maintenance of any lawful use of land existing on the effective date of this title is permitted. Any expansion or alteration of an existing structure or use, or grading of a site, shall be conducted in accordance with all applicable provisions of this title.

[Amended 2004, Ord. 3025]

Drainage plan approval is required where any portion of the proposed site is located within a Flood Hazard combining designation, in addition to all other permits required by this title, state and federal law. In addition to the information called for in Section 23.05.042 (drainage plan required) the drainage plan shall include:

a.

Federal Insurance Administration flood data, including base flood elevations, flood hazard areas and floodway locations.

b.

In areas where water surface elevation data has not been provided by the Federal Insurance Administration, a normal depth analysis or other equivalent engineering analysis that identifies the location of the floodway and demonstrates to the satisfaction of Director of Public Works that the structure will not be located within the floodway or be subject to inundation by the 100-year storm. The following information is required to determine the location of flood elevation and the floodway, except where waived or modified by the Director of Public Works:

(1)

Plans drawn to scale showing the location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the floodway.

(2)

Typical valley cross-sections showing the normal channel of the stream, elevation of the land areas

adjoining each side of the channel, cross-sections of areas to be occupied by the proposed development, and high-water information sufficient to define the 100-year storm flood profile level.

(3)

A profile showing the slope of the bottom of the channel or flow line of the stream.

(4)

Any previously determined flood data available from any state, federal or other source.

[Amended 2004, Ord. 3025]

a.

New Development in Flood Hazard Areas. New structural development, including expansions, additions and improvements to existing development, shall be located outside of the flood hazard areas to the maximum extent feasible. All new structural development located in a flood hazard areas, including expansions, additions, improvements, and repairs to existing development, shall be constructed consistent with the standards set forth in Section 23.07.066.

b.

Improvement/repair to existing structures in Flood Hazard Areas. Where the value of improvements or repairs to existing structures located in flood hazard areas is greater than 50 percent of the market value of the existing structure before the start of construction of the new structure or any improvement, and prior to the damage requiring the repair, all structural development (existing and proposed) shall be located outside of flood hazard areas to the maximum extent feasible. This can be determined by the assessment roll or by a current apprisal. The apprisal shall be completed by an appraiser with a "Certificate General License"

issued by the State Office of Real Estate Appraisal and shall determine full market value of the existing site improvements based on the Uniform Standards of the Professional Appraisal Practices as published by the Appraiser Standards Board of the Appraisal Foundation. Any structural development (existing and proposed) that cannot be located outside of flood hazard areas shall be constructed and/or reconstructed consistent with the standards set forth in Section 23.07.066.

c.

Land Division in Flood Hazards Areas. Land divisions, including lot line adjustments, are prohibited within hazard areas where they create new buildable areas within a hazard zone.

[Added 2006, Reso. 2006-6]

a.

Construction, general:

(1)

No construction or grading is to limit the capacity of the floodway or increase flood heights on existing structures unless the adverse effect of the increase is rectified to the satisfaction of the Director of Public Works. In no case shall flood heights be increased above that allowed under the Federal Flood Insurance Program.

(2)

Structures shall be anchored to prevent collapse, lateral movement or flotation that could result in damage to other structures or restriction of bridge openings and narrow sections of the stream or river.

(3)

Service facilities such as electrical and heating equipment are to be floodproofed or constructed at minimum of one-foot above the 100-year storm flood profile level for the site.

(4)

Water supply and sanitary sewage systems shall be designed to minimize infiltration of flood waters into the system and discharge from systems into flood waters.

(5)

On-site waste disposal systems shall be located to avoid their being impaired or contaminated during flooding.

(6)

All buildings or structures shall be located landward of mean high tide.

(7)

Residential, commercial and industrial development shall be prohibited outside of urban and village reserve lines.

(8)

Whenever a watercourse is to be altered or relocated, the Department of Planning and Building shall notify adjacent communities and the California Department of Water Resources and evidence of such notification shall be sent to the Federal Insurance Administration.

(9)

Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(i)

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

(ii)

The bottom of all openings shall be no higher than one foot above grade.

(iii)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

(10)

On the basis of structural plans and the depth analysis, the ground floor of all structures is to be constructed at a minimum of one-foot above the 100-year storm flood profile level. Within any AO zone on the Flood Insurance Rate maps, this elevation shall be determined by adding one foot to the depth number specified. If no depth is specified, structures shall be elevated a minimum of two feet above adjacent natural grade.

(11)

Non-residential construction shall either be elevated in conformance with Section 23.07.066a(10) above, or together with attendant utility and sanitary facilities, be elevated a minimum of two feet above the highest adjacent grade and be floodproofed to a minimum of one-foot above the 100-year storm flood profile level. Examples of floodproofing include, but are not limited to:

(i)

Installation of watertight doors, bulkheads, and shutters.

(ii)

Reinforcement of walls to resist water pressure.

(iii)

Use of paints, membranes, or mortars to reduce seepage through walls.

(iv)

Addition of mass or weight to structure to resist flotation.

(v)

Armor protection of all fill materials from scour and/or erosion.

(12)

All structures subject to inundation shall use flood resistant materials up to one foot above base flood elevation.

b.

Storage and processing: The storage or processing of materials that in time of flooding are buoyant, flammable, or explosive; that could be injurious to human, animal, or plant life; or that may unduly affect the capacity of the floodway or unduly increase flood heights is not permitted. Storage of other material or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.

c.

Coastal High Hazard areas. The following requirements shall apply to new structures or any improvement / repair to an existing structure as specified in Section 23.07.066 in areas identified as having special flood hazards extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity waters including coastal and tidal inundation or tsunamis as established on the maps identified in subsection 23.07.060 of this title:

(1)

All buildings or structures shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.

(2)

All new construction and other development shall be located on the landward side of the reach of mean high tide.

(3)

All buildings or structures shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.

(4)

Fill shall not be used for structural support of buildings.

(5)

Man-made alteration of sand dunes that would increase potential flood damage is prohibited.

(6)

The Director of Planning and Building and/or the Public Works Director shall obtain and maintain the following records.

(i)

Certification by a registered engineer or architect that a proposed structure complies with Subsection D.3.a

(ii)

The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all buildings and structures, and whether such structures contain a basement.

d.

Certification of Compliance. The following certifications shall be filed with the Building Official prior to final building inspection:

(1)

Upon completion of any structure within a flood hazard combining designation, compliance with elevation requirements shall be certified by a registered civil engineer or licensed land surveyor. Such certification shall include as a minimum the elevation of the lowest floor. If the structure has been floodproofed in conformance with Section 23.07.066a(11) above, the certification shall include the elevation to which the structure has been floodproofed. Elevations shall be based on the National Geodetic Vertical Datum of 1929.

(2)

Where floodproofing is used, a registered civil engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood.

(3)

Compliance with the structural design requirements within Coastal High Hazard areas stated in Section 23.07.066c shall be certified by a registered civil engineer or architect.

e.

Exceptions to construction standards. The standards of this section may be waived or modified by the Board of Supervisors through the variance procedure set forth in Code of Federal Regulations, Title 44, Chapter 1, Section 60.6, instead of through the adjustment process described in Section 23.01.044 of this title. Requests for such waivers or modifications shall be filed with County Public Works for processing. Procedures for the granting of variances under Title 14 are available from the County Public Works Department.

[Amended 1995, Ord. 2715; 1995, Ord. 2740; 2003, Ord. 3025]

f.

Waiver of rights to future armoring. Where applicant's geologic assessment/wave run-up studies determine that the new or improved development is sited such that it will not need a shoreline protective device for the life of the structure, the applicants shall waive their rights to a future shoreline protective device.

[Added 2006, Reso. 2006-6]

e.

Tsunami Inundation Zone. Where feasible, development shall be sited outside of potential tsunami inundation zones, even if not currently designated FH. A Registered Civil Engineer with coastal experience shall make a determination, through examination of the most current tsunami inundation and run-up maps or a wave run-up analysis, whether the site is subject to inundation during a tsunami, pursuant to the criteria of Section 23.07.064b. If it is not feasible to site development outside of tsunami inundation zone, new development shall be in conformance with all provisions set forth in Section 23.07.066(c).

[Added 2006, Reso. 2006-6]

A Geologic Study Area combining designation is applied by the Official Maps (Part III) of the Land Use Element, to areas where geologic and soil conditions could present new developments and their users with potential hazards to life and property. These standards are applied where the following conditions exist:

a.

Seismic hazard: Areas of seismic (earthquake) hazard are identified through the application of an Earthquake Fault Zone. Earthquake Fault Zones are established by the state geologist as required by Sections 2621 et seq. of the Public Resources Code (the Alquist-Priolo Earthquake Fault Zones Act), and are identified in the Land Use Element (Part II);

b.

Landslide hazard: Areas within urban and village reserve lines, identified by the Seismic Safety Element as being subject to moderately high to high landslide risk, and rural areas subject to high landslide risk;

c.

Liquefaction hazard: Areas identified by the Seismic Safety Element as being subject to soil liquefaction.

d.

Erosion and stability hazard - coastal bluffs. Areas along the coast with coastal bluffs and cliffs greater than 10 feet in vertical relief that are identified in the Coastal Erosion Atlas, prepared by the California State Department of Navigation and Ocean Development (1977), in accordance with Hazards Policy No. 7 of the Local Coastal Plan.

The standards of Sections 23.07.084 through 23.08.086 apply to all land uses for which a permit is required, except:

a.

One single-family residence, not exceeding two stories, when not constructed in conjunction with two or more residences by a single contractor or owner on a single parcel or abutting parcels, unless the site is located in an area subject to liquefaction or landslide.

b.

Alterations or additions to any structure, the value of which does not exceed 50% of the assessed value of the structure in any 12-month period, except where the site is adjacent to a coastal bluff.

All land use permit applications for projects located within a Geologic Study Area (except those exempted by Section 23.07.082) shall be accompanied by a report prepared by a certified engineering geologist and/or registered civil engineer (as to soils engineering), as appropriate. The report shall identify, describe and illustrate, where applicable, potential hazard of surface fault rupture, seismic shaking, liquefaction or landslide, as provided by this section. Provided, however, that no report is required for an application located in an area for which the County Engineer determines that sufficient information exists because of previous geology or soils reports. Where required, a geology report shall include:

a.

A review of the local and regional seismic and other geological conditions that may significantly affect the proposed use.

b.

An assessment of conditions on or near the site that would contribute to the potential for the damage of a proposed use from a seismic or other geological event, or the potential for a new use to create adverse effects upon existing uses because of identified geologic hazards. The conditions assessed are to include,

where applicable, rainfall, soils, slopes, water table, bedrock geology, and any other substrate conditions that may affect seismic response, landslide risk or liquefaction potential.

c.

Conclusions and recommendations regarding the potential for, where applicable:

(1)

Surface rupture or other secondary ground effects of seismic activity at the site;

(2)

Active landsliding or slope failure;

(3)

Adverse groundwater conditions;

(4)

Liquefaction hazards.

d.

Recommended building techniques, site preparation measures, or setbacks necessary to reduce risks to life and property from seismic damage, landslide, groundwater and liquefaction to insignificant levels.

[Amended 1989, Ord. 2383; 1995, Ord. 2715; 1995, Ord. 2740]

23.07.085 - Review of Geology Report.

As required by California Code of Regulations Title 14, Section 3603, the geology and soils report required by Section 23.07.084 shall be evaluated by a geologist retained by the county who is registered in the State of California. Within 30 days of the acceptance of such report, the Planning Director shall file one copy with the State Geologist.

[Added 1989, Ord. 2383]

All uses within a Geologic Study Area are to be established and maintained in accordance with the following, as applicable:

a.

Grading: Any grading not otherwise exempted from the permit requirements of Sections 23.05.020 et seq. (Grading) is to be performed as engineered grading under the provisions of those sections.

b.

Seismic hazard areas: As required by California Public Resources Code Sections 2621 et seq. and California Administrative Code Title 14, Sections 3600 et seq., no structure intended for human occupancy shall be located within 50 feet of an active fault trace within an Earthquake Fault Zone.

c.

Erosion and geologic stability. New development shall insure structural stability while not creating or contributing to erosion, sedimentation or geologic instability.

[Amended 1995, Ord. 2740]

The Historic Site combining designation is applied to areas of the county by the Official Maps (Part III) of the Land Use Element to recognize the importance of archeological and historic sites, structures and areas important to local, state, or national history. Specific areas are also designated as Archaeologically Sensitive Areas on the Official Maps (Part III) of the Land Use Element. These standards apply to both these combining designations and are intended to protect archeological resources, historic structures and sites

by requiring new uses and alterations to existing uses to be designed with consideration for preserving and protecting such resources. The requirements of this title that apply to historic and archeological sites are organized into the following sections (additional standards regarding the discovery of archeological resources during construction are in Section 23.05.140):

23.07.104 Archaeologically Sensitive Areas

The minimum size for a new parcel with an established structure and Historic Site combining designation shall be determined by Development Plan. Any parcel where the historic structure is located that is less than the minimum or what would otherwise be required for the applicable land use category can only be transferred to a valid tax-exempt charity under Internal Revenue code section 501(c)(3) or a public agency.

a.

Application content. The Development Plan application shall be accompanied by a statement from the applicant explaining why it is necessary to separate the existing historic structure from the surrounding ownership, and how such separation will support the restoration or continuation of the historic structure.

b.

Residential use prohibited. No residential use shall be established on the parcel where the historic structure is located if that parcel is smaller than the minimum parcel size or what would otherwise be required by Sections 23.04.020 et seq. for the applicable land use category.

c.

Non-profit organization. If the parcel where the historic structure is located is smaller than the minimum parcel size or what would otherwise be required by Sections 23.04.020 et seq. for the applicable land use category, that parcel shall only be transferred to a valid tax-exempt charity under Internal Revenue code section 501(c)(3) or a public agency. Evidence shall be submitted in the form of a letter from the Internal Revenue Service verifying the organization is a valid non-profit organization prior to recordation of a final or parcel map. In addition, a letter of intent to accept title from the valid non-profit organization or public agency shall be submitted prior to recordation.

d.

Declaration of restrictions required. Prior to, or concurrent with, recordation of a final or parcel map, the applicant shall execute and record a declaration of restrictions in a form approved by County Counsel, wherein the applicant agrees on their own behalf and all successors in interest to the parcel that, they will not request approval of or establish any residential use on the parcel. In addition, the declaration of restrictions shall specify that any parcel smaller than the minimum parcel size or what would otherwise be required by Sections 23.04.020 et seq. shall not be sold except to a valid non-profit organization or public agency. The declaration of restrictions shall not be amended or terminated without the prior approval of the Board of Supervisors.

e.

Required findings. No parcel smaller than the minimum parcel size or what would otherwise be required by Sections 23.04.020 et seq. for the applicable land use category shall be approved pursuant to this section unless the Review Authority first finds that the parcel meets the minimum site area provisions in Section 23.04.044, that the proposed parcel being smaller than the surrounding holdings will have no adverse effect on the continuing use of parcels adjacent to and in the vicinity of the site, and that the applicant has demonstrated the division will support the restoration or continuation of the historic structure.

Authority first finds that the parcel meets the minimum site area provisions in Section 23.04.044, that the proposed parcel being smaller than the surrounding holdings will have no adverse effect on the continuing use of parcels adjacent to and in the vicinity of the site, and that the applicant has demonstrated the division will support the restoration or continuation of the historic structure.

[Added 2004, Ord. 3001]

The following standards apply to all development proposals within an Historic Site combining designation.

a.

Minor Use Permit required. Minor Use Permit approval is required for all new structures and uses within an Historic Site combining designation, and also for any modifications to existing historic structures within an Historic Site combining designation, including restoration or alteration that changes the historic or architectural character of the structure, demolition or relocation, except for minor exterior or interior alterations that do not materially change the historic character of the structure.

b.

Application content. Applications for projects within an Historic Site combining designation shall include a description of measures proposed to protect the historic resource identified by the Land Use Element (Part II).

c.

Environmental determination. The initial study shall evaluate the potential effect of the proposed project upon the visual character of the historic site or district, and evaluate the other direct and indirect effects of the new construction upon the actual archeological resources or historic structures.

d.

Required findings for approval. A land use permit application within an Historic Site combining designation shall be approved only where the review authority first makes all the following findings:

(1)

Historic structures, landmarks and districts. Where an Historic Site combining designation is applied to identify historic structures, landmarks, or districts, project approval shall require the following findings:

(i)

The height, bulk, location, structural materials, landscaping and other aspects of the proposed use will not obstruct public views of the historic structure or of its immediate setting;

(ii)

Any proposed alteration or removal of structural elements, or clearing of landscaping or natural vegetation features will not damage or destroy the character of significant historical features and settings;

(iii)

Any proposed remodelling or demolition is unavoidable because it is not structurally or economically feasible to restore or retain existing structures or features.

To protect and preserve archaeological resources, the following procedures and requirements apply to development within areas of the coastal zone identified as archaeologically sensitive.

a.

Archaeologically sensitive areas. The following areas are defined as archaeologically sensitive:

(1)

Any parcel within a rural area which is identified on the rural parcel number list prepared by the California Archaeological Site Survey Office on file with the county Planning Department.

(2)

Any parcel within an urban or village area which is located within an archaeologically sensitive area as delineated by the official maps (Part III) of the Land Use Element.

(3)

Any other parcel containing a known archaeological site recorded by the California Archaeological Site Survey Office.

b.

Preliminary site survey required. Before issuance of a land use or construction permit for development within an archaeologically sensitive area, a preliminary site survey shall be required. The survey shall be conducted by a qualified archaeologist knowledgeable in local Native American culture and approved by the Environmental Coordinator. The County will provide pertinent project information to the Native American tribe(s).

c.

When a mitigation plan is required. If the preliminary site survey determines that proposed development may have significant effects on existing, known or suspected archaeological resources, a plan for mitigation shall be prepared by a qualified archaeologist. The County will provide pertinent project information to the Native American tribe(s) as appropriate. The purpose of the plan is to protect the resource. The plan may recommend the need for further study, subsurface testing, monitoring during construction activities, project redesign, or other actions to mitigate the impacts on the resource. Highest priority shall be given to

avoiding disturbance of sensitive resources. Lower priority mitigation measures may include use of fill to cap the sensitive resources. As a last resort, the review authority may permit excavation and recovery of those resources. The mitigation plan shall be submitted to and approved by the Environmental Coordinator, and considered in the evaluation of the development request by the Review Authority.

d.

Archeological resources discovery. In the event archeological resources are unearthed or discovered during any construction activities, the standards of Section 23.05.140 of this title shall apply. Construction activities shall not commence until a mitigation plan, prepared by a qualified professional archaeologist reviewed and approved by the Environmental Coordinator, is completed and implemented. The County will provide pertinent project information to the affected Native American tribe(s) and consider comments prior to approval of the mitigation plan. The mitigation plan shall include measures to avoid the resources to the maximum degree feasible and shall provide mitigation for unavoidable impacts. A report verifying that the approved mitigation plan has been completed shall be submitted to the Environmental Coordinator prior to occupancy or final inspection, whichever occurs first.

[Amended 1995, Ord. 2715; Amended 2004, Ord. 3048]

The Local Coastal Program combining designation identifies areas of San Luis Obispo County that are within the California Coastal Zone as determined by the California Coastal Act of 1976. The provisions of this title apply to all unincorporated portions of the county located within the Coastal Zone, and do not apply to any areas outside of the LCP combining designation.

The Sensitive Resource Area combining designation is applied by the Official Maps (Part III) of the Land Use Element to identify areas with special environmental qualities, or areas containing unique or endangered vegetation or habitat resources. The purpose of these combining designation standards is to require that proposed uses be designed with consideration of the identified sensitive resources, and the need for their protection, and, where applicable, to satisfy the requirements of the California Coastal Act. The requirements of this title for Sensitive Resource Areas are organized into the following sections:

23.07.164 SRA Permit and Processing Requirements

23.07.166 Minimum Site Design and Development Standards

23.07.170 Environmentally Sensitive Habitats

23.07.172 Wetlands

23.07.174 Streams and Riparian Vegetation

23.07.176 Terrestrial Habitat Protection

The standards of Sections 23.07.160 through 23.07.166 apply to all uses requiring a land use permit that are located within a Sensitive Resource Area combining designation.

The land use permit requirements established by Chapters 23.03 (Permit Requirements), and 23.08 (Special Uses), are modified for the SRA combining designation as follows:

a.

Initial submittal: The type of land use permit application to be submitted is to be as required by Chapter 23.03 (Permit Requirements), Chapter 23.08 (Special Uses), or by planning area standards. That application will be used as the basis for an environmental determination as set forth in subsection c of this section, and depending on the result of the environmental determination, the applicant may be required to amend the application to a Development Plan application as a condition of further processing of the request (see subsection d).

b.

Application content: Land use permit applications for projects within a Sensitive Resource Area shall include a description of measures proposed to protect the resource identified by the Land Use Element (Part II) area plan.

c.

Environmental determination:

(1)

When a land use permit application has been accepted for processing as set forth in Section 23.02.022 (Determination of Completeness), it shall be transmitted to the Environmental Coordinator for completion of an environmental determination pursuant to the California Environmental Quality Act (CEQA).

(2)

The initial study of the environmental determination is to evaluate the potential effect of the proposed project upon the particular features of the site or vicinity that are identified by the Land Use Element as the reason for the sensitive resource designation.

(3)

Following transmittal of an application to the Environmental Coordinator, the Planning Department shall not further process the application until it is:

(i)

Returned with a statement by the environmental coordinator that the project is exempt from the provisions of CEQA; or

(ii)

Returned to the Planning Department accompanied by a duly issued and effective negative declaration which finds that the proposed project will create no significant effect upon the identified sensitive resource; or

(iii)

Returned to the Planning Department accompanied by a final environmental impact report approved by the Environmental Coordinator.

d.

Final permit requirement and processing:

(1)

If an environmental determination results in the issuance of a proposed negative declaration, the land use permit requirement shall remain as established for the initial submittal.

(2)

If an environmental impact report is required, the project shall be processed and authorized only through Development Plan approval (Section 23.02.034).

e.

Required findings: Any land use permit application within a Sensitive Resource Area shall be approved only where the Review Authority can make the following required findings:

(1)

The development will not create significant adverse effects on the natural features of the site or vicinity that were the basis for the Sensitive Resource Area designation, and will preserve and protect such features through the site design.

(2)

Natural features and topography have been considered in the design and siting of all proposed physical improvements.

(3)

Any proposed clearing of topsoil, trees, or other features is the minimum necessary to achieve safe and convenient access and siting of proposed structures, and will not create significant adverse effects on the identified sensitive resource.

(4)

The soil and subsoil conditions are suitable for any proposed excavation; site preparation and drainage improvements have been designed to prevent soil erosion, and sedimentation of streams through undue surface runoff.

[Amended 1995, Ord. 2715]

All uses within a Sensitive Resource Area shall conform to the following standards:

a.

Surface mining is not permitted except in areas also included in an Energy and Extractive Resource Area combining designation by the Land Use Element. Where the dual designation exists, surface mining is allowed only after approval of surface mining permit and reclamation plan, approved in accordance with Section 23.08.180.

b.

Shoreline areas shall not be altered by grading, paving, or other development of impervious surfaces for a distance of 100 feet from the mean high tide line, 75 feet from any lakeshore, or 50 feet from any streambank, except where authorized through Development Plan approval. Where the requirements of the California Department of Fish and Game or other public agency having jurisdiction are different, the more restrictive regulations shall apply. Special requirements for setbacks from wetlands, streams, and the coastline are established by Sections 23.07.172 through 23.07.178.

c.

Construction and landscaping activities shall be conducted to not degrade lakes, ponds, wetlands, or perennial watercourses within an SRA through filling, sedimentation, erosion, increased turbidity, or other contamination.

d.

Where an SRA is applied because of prominent geological features visible from off-site (such as rock outcrops), those features are to be protected and remain undisturbed by grading or development activities.

e.

Where an SRA is applied because of specified species of trees, plants or other vegetation, such species shall not be disturbed by construction activities or subsequent operation of the use, except where authorized by Development Plan approval.

The provisions of this section apply to development proposed within or adjacent to (within 100 feet of the boundary of) an Environmentally Sensitive Habitat as defined by Chapter 23.11 of this title.

a.

Application content. A land use permit application for a project on a site located within or adjacent to an Environmentally Sensitive Habitat shall also include a report by a biologist approved by the Environmental Coordinator that:

(1)

Evaluates the impact the development may have on the habitat, and whether the development will be consistent with the biological continuance of the habitat. For those environmentally sensitive habitat areas which are only seasonally occupied, or where the presence of the species can best be determined during a certain season (e.g., an anadromous fish species or annual wildflower species), the field investigation(s) must be conducted during the appropriate time to maximize detection of the subject species. The report shall identify possible impacts, their significance, measures to avoid possible impacts, mitigation measures required to reduce impacts to less than significant levels when impacts cannot be avoided, measures for the restoration of damaged habitats and long-term protection of the habitats, and a program for monitoring and evaluating the effectiveness of such measures.

(2)

Is complete, current, and meets established standards for report content and assessment methodology. Report standards shall be consistent with CEQA guidelines, and incorporate the recommendations of the California Coastal Commission, California Department of Fish and Game, U.S. Fish and Wildlife Service, Marine Mammals Commission, and National Marine Fisheries Service, as appropriate.

(3)

Evaluates development proposed adjacent to environmentally sensitive habitats to identify significant negative impacts from noise, sediment and other potential disturbances that may become evident during project review.

(4)

Identifies the biological constraints that need to be addressed in designing development that would fist avoid, then minimize impacts to ESHA. These identified constrains will be used by the County to evaluate, and require implementation of project design alternatives that result in impacts to ESHA being avoided and unavoidable impacts minimized. This shall also include assessment of impacts that may result from the application of fire safety requirements.

(5)

Verifies that applicable setbacks from the habitat area required by Sections 23.07.170 to 23.07.178 are adequate to protect the habitat or recommends greater, more appropriate setbacks.

(6)

Critically evaluate "after-the-fact" permit applications where un-permitted development has illegally encroached into setback areas before off-site mitigation is considered. Evaluate all options of restoring and enhancing the pre-existing on-site habitat values. Off-site mitigation consisting of replacing the area of disturbance with like habitat at a minimum of 3:1 ratio shall be an additional requirement to offset the temporary impacts of the violation and address the potential for restoration efforts to fail.

b.

Required findings: Approval of a land use permit for a project within or adjacent to an Environmentally Sensitive Habitat shall not occur unless the applicable review body first finds that:

(1)

There will be no significant negative impact on the identified sensitive habitat and the proposed use will be consistent with the biological continuance of the habitat.

(2)

The proposed use will not significantly disrupt the habitat.

c.

Land divisions: No division of a parcel containing an Environmentally Sensitive Habitat shall be permitted unless all proposed building sites are located entirely outside of the applicable minimum setback required by Sections 23.07.172 through 23.07.178. Such building sites shall be designated on the recorded subdivision map.

d.

Alternatives analysis required. Construction of new, improved, or expanded roads, bridges and other crossings will only be allowed within required setbacks after an alternatives analysis has been completed.

The alternatives analysis shall examine at least two other feasible locations with the goal of locating the least environmentally damaging alternative. When the alternatives analysis concludes that a feasible and less environmentally damaging alternative does not exist, the bridge or road may be allowed in the proposed location when accompanied by all feasible mitigation measures to avoid and/or minimize adverse environmental effects. If however, the alternatives analysis concludes that a feasible and lessenvironmentally damaging alternative does exist, that alternative shall be used and any existing bridge or road within the setback shall be removed and the total area of disturbance restored to natural topography and vegetation.

e.

Development standards for environmentally sensitive habitats. All development and land divisions within or adjacent to an Environmentally Sensitive Habitat Area shall be designed and located in a manner which avoids any significant disruption or degradation of habitat values. This standard requires that any project which has the potential to cause significant adverse impacts to an ESHA be redesigned or relocated so as to avoid the impact, or reduce the impact to a less than significant level where complete avoidance is not possible.

(1)

Development within an ESHA. In those cases where development within the ESHA cannot be avoided, the development shall be modified as necessary so that it is the least environmentally damaging feasible alternative. Development shall be consistent with the biological continuance of the habitat. Circumstances in which a development project would be allowable within an ESHA include:

i.

Resource dependent uses. New development within the habitat shall be limited to those uses that are dependent upon the resource.

ii.

Coastal accessways. Public access easements and interpretive facilities such as nature trails which will improve public understanding of and support for protection of the resource.

iii.

Incidental public services and utilities in wetlands. Essential incidental public services and utilities pursuant to ESHA Policy 13 and CZLUO Section 23.07.172(e).

iv.

Habitat creation and enhancement. Where the project results in an unavoidable loss (i.e., temporary or permanent conversion) of habitat area, replacement habitat and/or habitat enhancements shall be provided and maintained by the project applicant. Plans for the creation of new habitat, or the enhancement of existing habitat, shall consider the recommendations of the California Coastal Commission, the California Department of Fish and Game and/or U.S. Fish and Wildlife Service. Generally, replacement habitat must be provided at recognized ratios to successfully reestablish the habitat at its previous size, or as is deemed

appropriate in the particular biologic assessment(s) for the impacted site. Replacement and/or enhanced habitat, whenever feasible, shall be of the same type as is lost ("same-kind") and within the same biome ("same-system"), and shall be permanently protected by a deed restriction or conservation easement.

v.

Restoration of damaged habitats. Restoration or management measure required to protect the resource. Projects located within or adjacent to environmentally sensitive habitat areas that have been damaged shall be conditioned to require the restoration, monitoring, and long-term protection of such habitat areas through a restoration plan and an accompanying deed restriction or conservation easement. Where previously disturbed but restorable habitat for rare and sensitive plant and animal species exists on a site that is surrounded by other environmentally sensitive habitat areas, these areas shall be delineated and considered for restoration as recommended by a restoration plan.

(2)

Development in ESHA to avoid a takings. If development in an ESHA must be allowed to avoid an unconstitutional taking, then all of the following standards shall apply with respect to such development:

i.

Avoidance of takings. The amount and type of development allowed shall be the least necessary to avoid a takings.

ii.

Impacts avoided/minimized. All development in and impacts to ESHA shall be avoided to the maximum extent feasible. Any unavoidable impacts shall be limited to the maximum extent feasible.

iii.

Mitigation required. All adverse impacts to the ESHA shall be fully mitigated.

(3)

Steelhead stream protection: net loss stream diversions prohibited. Diversions of surface and subsurface water will not be allowed where a significant adverse impact on the steelhead run, either individually or cumulatively, would result.

Diversion dams, water supply wells which tap the subflow, and similar water supply facilities which could significantly harm the steelhead run in any of these streams shall not be allowed.

Exceptions may be considered only where the impact cannot be avoided, is fully mitigated and no significant disruption would result. Techniques for impact avoidance include:

i.

Limiting diversions. Limiting diversions to peak winter flows exceeding the amount needed to maintain the steelhead runs, with off-stream storage where year-round water supplies are desired.

ii.

Protecting water quality. Treating diverted water after use, and returning it to the watershed of origin in like quantities and qualities; and

iii.

Supplementing flows. Supplementing stream flows with water imported from sources that do not exacerbate impacts on steelhead or salmon runs elsewhere.

(4)

Other prohibited uses. Prohibited development activities include:

i.

Placement of barriers to fish. In-stream barriers to sensitive freshwater species migration, including types of dams not covered above, weirs, and similar obstacles which would substantially interfere with normal migration patterns, except where barriers cannot be avoided and impacts are mitigated to less than significant levels (e.g., with fish ladders or other effective bypass systems).

ii.

Destruction of rearing habitats. Development which would cause loss of spawning or rearing habitat through flooding, siltation or similar impacts.

iii.

Disturbance or removal of native riparian vegetation on the banks of streams. Locations constituting an exception to this requirement are:

a.

In-between stream banks when essential for flood control purposes and no less environmentally damaging alternative is available to protect existing structures;

b.

On roads, trails, or public utility crossings where vegetation removal cannot be avoided, and where there is no feasible alternative and no significant disruption would result; and

c.

For native habitat restoration and protection projects.

iv.

Interference with fish migration. Any other development activity that would raise overall stream temperatures to unfavorable levels, or that would interfere with normal fish migration and movement within the stream.

v.

Breaching. Breaching of the beach berm, where such berm creates a coastal lagoon that provides summer rearing habitat for juvenile steelhead and/or other sensitive aquatic species. Exceptions shall be authorized only where such breaching represents the least environmentally damaging feasible alternative for relieving a flood hazard, public health hazard, or water pollution problem. In the event that a breach is authorized, it shall be conducted subject to the following standards:

a.

Artificial breaching of a sand bar or beach berm containing a coastal lagoon is considered coastal development; therefore, a coastal development permit must be obtained prior to breaching activity.

b.

As appropriate, permits for creek mouth breaching must also be obtained prior to commencement of any work from California Department of Fish and Game, the U.S. Army Corps of Engineers, the Monterey Bay National Marine Sanctuary (if applicable), the Regional Water Quality Control Board, and all other

concerned agencies prior to the breaching. In many cases, the required coastal development permit must be obtained from the California Coastal Commission instead of, or in addition to, the County, because the lagoon/creek mouth will be located entirely or partially within the State's retained jurisdiction.

c.

Because of the unique nature of individual creek mouth environments, breaching standards must be designed specifically for each location where breaching activity will occur.

d.

Development of a creek mouth breaching plan for each site shall include consideration of the following:

1.

Use of feasible available alternatives, to eliminate the practice of artificial breaching if possible.

2.

Thorough study of affected rare, threatened, or endangered species and habitat, in particular, steelhead trout and tidewater goby.

3.

Review of mitigation options as compensation for environmental damage caused by breaching.

4.

Public access impacts.

5.

Public health impacts.

Public safety impacts.

7.

Review of historic and projected flooding of public and private properties, agricultural lands, and habitat.

8.

Monitoring of lagoon and stream water quality.

9.

Creation of a monitoring plan for each individual breaching incident, and a long-term monitoring plan to study lagoon health and the impacts of breaching on the lagoon.

(5)

Grading adjacent to Environmentally Sensitive Habitats shall conform to the provisions of Section 23.05.034c (Grading Standards).

(6)

The use of invasive plant species is prohibited.

[Amended 2004, Ord. 2999; Amended 2006, Ord. 3082; Amended 2006, Ord. 3082; Amended April 2006, Ord. 3082]

Development proposed within or adjacent to (within 100 feet of the upland extent of) a wetland area shown on the Environmentally Sensitive Habitat Maps shall satisfy the requirements of this section to enable issuance of a land use or construction permit. These provisions are intended to maintain the natural ecological functioning and productivity of wetlands and estuaries and where feasible, to support restoration of degraded wetlands.

a.

Location of development: Development shall be located as far away from the wetland as feasible, provided that other habitat values on the site are not thereby more adversely affected.

b.

Principle Permitted Uses in wetlands: Hunting, fishing, wildlife management, education and research projects.

c.

Department of Fish and Game review. The State Department of Fish and Game shall review all applications for development in or adjacent to coastal wetlands and recommend appropriate mitigation measures where

needed which should be incorporated in the project design.

d.

Wetland setbacks: New development shall be located a minimum of 100 feet from the upland extent of all wetlands, except as provided by subsection d(2). If the biological report required by Section 23.07.170 (Application Content) determines that such setback will provide an insufficient buffer from the wetland area, and the applicable approval body cannot make the finding required by Section 23.07.170b, then a greater setback may be required.

(1)

Permitted uses within wetland setbacks: Within the required setback buffer, permitted uses are limited to passive recreation, educational, existing non-structural agricultural development in accordance with best management practices, utility lines, pipelines, drainage and flood control of facilities, bridges and road approaches to bridges to cross a stream and roads when it can be demonstrated that:

(i)

Alternative routes are infeasible or more environmentally damaging.

(ii)

Adverse environmental effects are mitigated to the maximum extent feasible.

(2)

Wetland setback adjustment: The minimum wetland setback may be adjusted through Minor Use Permit approval (but in no case shall be less than 25 feet), provided that the following findings can be made:

(i)

The site would be physically unusable for the principal permitted use unless the setback is reduced.

(ii)

The reduction is the minimum that would enable a principal permitted use to be established on the site after all practical design modifications have been considered.

(iii)

That the adjustment would not allow the proposed development to locate closer to the wetland than allowed by using the stringline setback method pursuant to Section 23.04.118a of this title.

(3)

Requirements for wetland setback adjustment: Setbacks established that are less than 100 feet consistent with this section shall include mitigation measures to ensure wetland protection. Where applicable, they shall include landscaping, screening with native vegetation and drainage controls. The adjustment shall not be approved until the approval body considers the following:

(i)

Site soil types and their susceptibility to erosion.

(ii)

A review of the topographic features of the site to determine if the project design and site location has taken full advantage of natural terrain features to minimize impacts on the wetland.

(iii)

The biologists report required by Section 23.07.170 shall evaluate the setback reduction request and identify the types and amount of vegetation on the site and its value as wildlife habitat in maintaining the functional capacity of the wetland.

(iv)

Type and intensity of proposed development.

(v)

Lot size and configuration and location of existing development.

e.

Site development standards:

(1)

Diking, dredging, or filling of wetlands: Diking, dredging, or filling activities in wetland areas under county jurisdiction shall be allowed only to the extent that they are consistent with Environmentally Sensitive Habitats Policy 13 of the San Luis Obispo County Coastal Plan Policies, and shall not be conducted without the property owner first securing approval of all permits required by this title. Mineral extraction is not an allowed use in a wetland.

[Amended April 2006, Ord. 3082]

(2)

Vehicle traffic: Vehicle traffic from public roads shall be prevented from entering wetlands by vehicular barriers, except where a coastal accessway is constructed and designated parking and travel lanes are provided consistent with this title. The type of barrier and its proposed location shall be identified in the materials accompanying an application for a land use permit and must be approved by the Planning Director before permit issuance to insure that it will not restrict local and state agencies or the property owner from completing the actions necessary to accomplish a permitted use within the wetland.

(3)

Open space easement required: A land use or construction permit for a structure larger than 1000 square feet in floor area shall not be approved on a parcel of one acre or larger that contains a wetland, unless the

property owner first grants the county or an approved land trust an open space easement or fee title dedication of all portions of the site not proposed for development, as well as the entire wetland.

[Amended 2006, Ord. 3082]

Coastal streams and adjacent riparian areas are environmentally sensitive habitats. The provisions of this section are intended to preserve and protect the natural hydrological system and ecological functions of coastal streams.

a.

Development adjacent to a coastal stream. Development adjacent to a coastal stream shall be sited and designed to protect the habitat and shall be compatible with the continuance of such habitat.

b.

Limitation on streambed alteration: Channelization, dams or other substantial alteration of stream channels are limited to:

(1)

Necessary water supply projects, provided that quantity and quality of water from streams shall be maintained at levels necessary to sustain functional capacity of streams, wetlands, estuaries and lakes. (A 'necessary" water project is a project that is essential to protecting and/or maintaining public drinking water supplies, or to accommodate a principally permitted use as shown on Coastal Table "O" where there are no feasible alternatives.

(2)

Flood control projects, including maintenance of existing flood control channels, where such protection is necessary for public safety or to protect existing commercial or residential structures, when no feasible alternative to streambed alteration is available;

(3)

Construction of improvements to fish and wildlife habitat;

Streambed alterations shall not be conducted unless all applicable provisions of this title are met and if applicable, permit approval from the California Department of Fish and Game, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and California State Water Resources Control Board.

In addition, every streambed alteration conducted pursuant to this title shall employ the best mitigation measures where feasible, including but not limited to:

a.

Avoiding the construction of hard bottoms;

b.

Using box culverts with natural beds rather than closed culverts to provide for better wildlife movement; and

c.

Pursuing directional drilling for pipes, cables, and conduits to avoid surface streambed disturbance.

c.

Stream diversion structures: Structures that divert all or a portion of streamflow for any purpose, except for agricultural stock ponds with a capacity less than 10 acre-feet, shall be designed and located to not impede the movement of native fish or to reduce streamflow to a level that would significantly affect the production of fish and other stream organisms.

d.

Riparian setbacks: New development shall be setback from the upland edge of riparian vegetation the maximum amount feasible. In the urban areas (inside he URL) this setback shall be a minimum of 50 feet. In the rural areas (outside the URL) this setback shall be a minimum of 100 feet. A larger setback will be preferable in both the urban and rural areas depending on parcel configuration, slope, vegetation types, habitat quality, water quality, and any other environmental consideration. These setback requirements do not apply to non-structural agricultural developments that incorporate adopted nest management practices in accordance with LUP Policy 26 for Environmentally Sensitive Habitats.

(1)

Permitted uses within the setback: Permitted uses are limited to those specified in Section 23.07.172d(1) (for wetland setbacks), provided that the findings required by that section can be made. Additional permitted uses that are not required to satisfy those findings include pedestrian and equestrian trails, and non-structural agricultural uses.

All permitted development in or adjacent to streams, wetlands, and other aquatic habitats shall be designed and/or conditioned to prevent loss or disruption of the habitat, protect water quality, and maintain or enhance (when feasible) biological productivity. Design measures to be provided include, but are not limited to:

(i)

Flood control and other necessary instream work should be implemented in a manner than minimizes disturbance of natural drainage courses and vegetation.

(ii)

Drainage control methods should be incorporated into projects in a manner that prevents erosion, sedimentation, and the discharge of harmful substances into aquatic habitats during and after construction.

(2)

Riparian habitat setback adjustment: The minimum riparian setback may be adjusted through Minor Use Permit approval, but in no case shall structures be allowed closer than 10 feet from a stream bank, and provided the following findings can first be made:

(i)

Alternative locations and routes are infeasible or more environmentally damaging; and

(ii)

Adverse environmental effects are mitigated to the maximum extent feasible; and

(iii)

The adjustment is necessary to allow a principal permitted use of the property and redesign of the proposed development would not allow the use with the standard setbacks; and

(iv)

The adjustment is the minimum that would allow for the establishment of a principal permitted use.

e.

Alteration of riparian vegetation: Cutting or alteration of natural riparian vegetation that functions as a portion of, or protects, a riparian habitat shall not be permitted except:

(1)

For streambed alterations allowed by subsections a and b above;

(2)

Where an issue of public safety exists;

(3)

Where expanding vegetation is encroaching on established agricultural uses;

(4)

Minor public works projects, including but not limited to utility lines, pipelines, driveways and roads, where the Planning Director determines no feasible alternative exists;

(5)

To increase agricultural acreage provided that such vegetation clearance will:

(i)

Not impair the functional capacity of the habitat;

(ii)

Not cause significant streambank erosion;

(iii)

Not have a detrimental effect on water quality or quantity;

(iv)

Be in accordance with applicable permits required by the Department of Fish and Game.

(6)

To locate a principally permitted use on an existing lot of record where no feasible alternative exists and the findings of Section 23.07.174d(2) can be made.

[Amended 2004, Ord.2999]

The provisions of this section are intended to preserve and protect rare and endangered species of terrestrial plants and animals by preserving their habitats. Emphasis for protection is on the entire ecological community rather than only the identified plant or animal.

a.

Protection of vegetation. Vegetation that is rare or endangered, or that serves as habitat for rare or endangered species shall be protected. Development shall be sited to minimize disruption of habitat.

b.

Terrestrial habitat development standards:

(1)

Revegetation. Native plants shall be used where vegetation is removed.

(2)

Area of disturbance. The area to be disturbed by development shall be shown on a site plan. The area in which grading is to occur shall be defined on site by readily-identifiable barriers that will protect the surrounding native habitat areas.

(3)

Trails. Any pedestrian or equestrian trails through the habitat shall be shown on the site plan and marked on the site. The biologist's evaluation required by Section 23.07.170a shall also include a review of impacts on the habitat that may be associated with trails.

The provisions of this section are intended to preserve and protect habitats for marine fish, mammals and birds. Development within or adjacent to marine habitats is subject to the provisions of this section.

a.

Protection of kelp beds, offshore rocks, reefs and intertidal areas. Development shall be sited and designed to mitigate impacts that may have adverse effects upon the habitat, or that would be incompatible with the continuance of such habitat areas.

b.

Siting of shoreline structures. Shoreline structures, including piers, groins, breakwaters, seawalls and pipelines shall be designed or sited to avoid and to minimize impacts on marine habitats.

c.

Coastal access. Coastal access shall be monitored and regulated to minimize impacts on marine resources. If negative impacts are demonstrated, then the appropriate agency shall take steps to mitigate these impacts, including limitations of the use of the coastal access.

Chapter 23.08 - SPECIAL (S) USES