Section 8174-5.

8178-2.7 - Additional standards for specific coastal habitats. 8178-2.7.1 - Coastal dunes and beaches. 8178-2.7.1.1 - Coastal dunes.

Development that would result in the degradation, erosion or destruction of coastal dune habitats is prohibited. Prohibited activity in a dune habitat and its buffer zone includes, but is not limited to, motorized or non-motorized vehicle traffic, mining, filling and the dumping/disturbance of vegetated areas, mechanized beach grooming, and sand removal or sand redistribution, except as allowed by Section 8178-2.7.1.4. Development, including outdoor festivals and outdoor sporting events, that could adversely affect a dune habitat shall be subject to the following standards:

(a)

Outdoor Festivals/Outdoor Sporting Events. If such events are proposed on a beach, the event shall be located outside the buffer zone for dune habitats. To protect the dune habitat during an outdoor festival or outdoor sporting event, signage prohibiting entry shall be posted and temporary barriers (e.g., fencing) shall be placed along the buffer zone boundary when permanent barriers are absent.

(b)

Design Standards. When development is permitted in a dune habitat, it shall be sited and designed utilizing subject matter experts, the best available science and coastal dune habitat morphology as follows:

(1)

Features such as raised walkways, foot paths, signage and physical barriers shall be used to control pedestrian and domestic pet movement and activities within the dune habitat and buffer zone.

(2)

Existing coastal dune habitat formations and native vegetation shall be retained, except when the subject dune habitat is being restored or enhanced as part of the project pursuant to a County-approved ESHA Mitigation Plan (see Section 8178-2.10.9).

(c)

Dune Restoration. If dune habitat vegetation is being restored as part of the project, then the vegetation shall be restored in a manner that accommodates the ecological needs of sensitive native dune habitat species (e.g., native vegetation communities). If dune habitat restoration includes the removal of existing vegetation, then the lowest-intensity, effective shall be utilized to minimize impacts on the dune habitat. The design and implementation of all coastal dune habitat restoration projects shall be conducted by a dune restoration specialist and based off of the best available science, coastal dune morphology, and other appropriate scientific research associated with coastal beach ecology.

See standards in Section 8178-2.7.1.4 for sand removal near a coastal dune habitat.

(Ord. No. 4586, 10-19-2021)

8178-2.7.1.2 - Beaches.

(a)

An applicant for any Coastal Development Permit, including a permit for a shoreline protective device, must show that the proposal will not cause long-term adverse impacts on a beach. Impacts include, but are not limited to, smothering of organisms, contamination from improperly treated wastewater or oil, and runoff from streets and parking areas. Findings to be made shall include proper wastewater disposal.

(b)

Except for emergency access, no vehicle shall be allowed below the monthly highest tide line from March 1 to August 31, which is when grunion eggs are present, or within five hundred (500) feet of a shorebird colony during the March 1 to September 30 nesting season, unless otherwise authorized by a Coastal Development Permit. To the maximum extent feasible, to avoid disturbing a nesting bird or a nesting shorebird colony, trash cans shall be placed outside the buffer zone for nesting shorebirds (i.e., three hundred (300) feet for a nesting bird, five hundred (500) feet for a nesting bird colony). If placement outside the buffer zone is infeasible, trash cans shall be placed at locations where public walkways or roads provide points of public access to the beach.

(Ord. No. 4586, 10-19-2021)

8178-2.7.1.3 - Beach grooming.

Beach grooming, which includes the removal of driftwood, debris and seaweed (beach wrack) from beaches and may include leveling sand, may be allowed on Hollywood Beach and Silver Strand Beach when conducted pursuant a valid Coastal Development Permit. Beach grooming is subject to the following standards:

(a)

Beach grooming is permitted year-round when limited to the hand removal of trash/debris or driftwood that presents a clear public safety hazard, and the activity does not disturb spawning grunions or nesting shorebirds.

(b)

Except as allowed by subsection (c) below, mechanical beach grooming is prohibited year-round below the monthly highest tide line. Above the monthly highest-tide line, mechanical beach grooming is permitted when such activities occur outside an ESHA or buffer zone (e.g., lagoon/estuary/wetland, coastal dune habitat, nesting shorebirds, designated Important Bird Area).

The removal or disturbance of beach wrack is prohibited below the monthly highest-tide line unless trash/debris/driftwood entangled in the wrack poses a clear threat to public safety. In such cases, the trash/debris may be removed mechanically or by hand. To ensure the "take" or disturbance of a special status species does not occur, a qualified on-site biological monitor experienced with the species shall be present when the emergency removal or disturbance of beach wrack is located in an area occupied by a nesting shorebird colony or is within three hundred (300) feet of a nesting shorebird.

(Ord. No. 4586, 10-19-2021)

8178-2.7.1.4 - Sand removal/redistribution on a beach.

Within the existing communities of Hollywood-by-the-Sea and Silverstrand Beach, sand removal and redistribution may be conducted to remove sand from public accessways to the beach and to prevent physical damage from wind-blown sand inundation of public facilities or existing, legally permitted development that abuts Hollywood or Silverstrand beaches. The removal and redistribution of sand shall only be permitted when conducted in accordance with an approved Coastal Development Permit and the following standards:

(a)

Allowable Sand Removal/Sand Redistribution Area.

(1)

Sand removal shall be limited to a 50-foot area that extends from the property line of the existing private development or that is within the existing public accessway. Sand removal may occur within the buffer zone of a dune habitat, but sand removal is prohibited in

ESHA or the buffer zone of a nesting bird(s) or shorebird colony.

(2)

Sand redistribution shall be limited to an area that extends one hundred fifty (150) feet seaward from the edge of the 50-foot sand removal area. Sand redistribution, which may include the leveling of sand, shall only occur outside ESHA and buffer zones and above the highest monthly high tide line.

(b)

Vehicles/Equipment. Vehicles and equipment used for sand removal and sand redistribution shall not come into contact with the intertidal zone or ocean waters, and shall be cleaned and maintained at an off-site location to prevent the discharge of any harmful or foreign materials on the beach or in the ocean;

(c)

Special Status Species: Whenever feasible, sand removal and redistribution activities shall occur outside the nesting season for rare or endangered shorebirds (e.g., western snowy plover or California least tern, with a nesting season of March 1—Sept. 15). If sand removal and redistribution is necessary during the nesting season to avoid sand inundation, and the beach is occupied by a rare or endangered shorebird, then such activities may only be authorized if conducted in accordance with the standards in Sections 8178-