Watsonville Municipal Code Art. 7 District Regulations

This article provides Coastal Zone (CZ) District regulations.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

The purpose of this article is to provide distinct zones within the coastal area; to establish development standards for each area to protect the resources, sensitive habitats, and agricultural uses of such land; and to preserve agricultural land and protect it against premature urban development.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

The CZ District shall be subdivided into six (6) areas identified in the official Coastal Land Use Plan for the City, referred to in this article as the Coastal Land Use Plan. On the City Zoning Map the lands shall be designated as follows:

(a) Area A designated CZ-A;

(b) Area B designated CZ-B;

(c) Area C designated CZ-C;

(d) Area D designated CZ-D;

(e) Area E designated CZ-E; and

(f) Area R designated CZ-R (Highway One and local street right-of-ways).

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended by § 1, Ord. 1080-99 C-M, eff. September 23, 1999; and § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

All principal permitted uses shall be subject to an Administrative Use Permit issued through the public hearing process by the Zoning Administrator.

(a) Zone A.

(b) Zone B.

(c) Zone C.

(d) Zone D.

(e) Zone E.

(f) Zone R.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988, as amended by § 1, Ord. 1043-98 C-M, eff. February 12, 1998, § 1, Ord. 1051-98 C-M, eff. May 28, 1998; § 1, Ord. 1080-99 C-M, eff. September 23, 1999; and § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

The following uses shall be subject to the approval of a Special Use Permit issued through the public hearing process by the Council:

(a) Zone A.

(b) Zone B.

(c) Zone C.

Also any of the principal permitted uses of the IP-Industrial Park District, as of August 30, 1985, subject to the regulation of both districts, except that the height, setback and other standards of the IP District shall not supercede any of these Coastal Zone regulations.

(d) Zone D. None.

(e) Zone E.

(f) Zone R.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended by § 1, Ord. 1080-99 C-M, eff. September 23, 1999; and § 1, Ord. 1096 C-M, eff. October 12, 2000, § 1, Ord. 1233-08 (CM), eff. March 26, 2008)

All applications for development including land divisions and public works projects, shall follow the Specific Development Standards listed in Appendix D of the Coastal LUP which sets minimum standards for erosion; sediment; runoff; timing/and area; soils; and vegetation.

All applications for any development in which excavations, grading, filling, or clearing of vegetation is to be performed shall include, where applicable, the information listed in Appendix D, Item G, “Information Requirements” of the Coastal LUP.

In addition, all applications for development or use permits shall comply with the specific area regulations and conditions of approval, if any, which are necessary to meet the special findings required in each area zone as follows:

(a) Zone A. Performance standards.

(1) Maximum lot coverage by impervious surfaces: fifty (50%) percent (exclude the riparian habitat from the lot area to calculate the impervious surface allowed).

(2) Special conditions:

(i) Riparian habitat areas shall be kept in a natural state.

(ii) Maximum slope of the developed portion of the lot (before grading): fifteen (15%) percent.

(iii) Any structures within the jurisdiction of an FAA clear zone shall have prior approval of the Federal Aviation Administration.

(iv) A field search for the endangered Santa Cruz Tarweed shall be conducted by a qualified botanist during the time of year in which the plant is expected to be in bloom (between June and October) on the parcel(s) in question before approval of any development. The report of such field investigation shall be forwarded to the State Department of Fish and Game for evaluation. If any portion of the site is confirmed to be an endangered plant habitat, such area shall be treated as an environmentally sensitive habitat, kept in natural state, and protected from the intrusion of humans, erosion, vehicular traffic, and other activities which could significantly disrupt the habitat.

(3) Minimum setback from riparian habitat: fifty (50') feet.

(b) Zone B. Performance standards.

(1) Minimum lot area and dimensions:

(2) Minimum yard setbacks:

(3) Maximum building height and lot coverage:

(4) Special conditions and findings required for issuing Special Use Permits:

(i) For nonagricultural uses, an agricultural viability report has been prepared which indicates that continued agricultural use is demonstrated to be infeasible;

(ii) That public sewer and water services, if necessary, can and will be provided to the site, and only if such services are:

(aa) The minimum size necessary to serve the permitted development;

(ab) Provided by only one City sewer and water line under Highway One north of Beach Road (i.e., this connection must be shared by any development on Area C that also is allowed public sewer and/or water service) unless all of the following occur:

(ba) Caltrans will not allow the placement of a utility line to be installed in the Caltrans right-of-way within the City limits;

(bb) The City makes a finding that there is a one-foot nonaccess strip surrounding any pipelines through County land which prohibits any tie-ins to the lines and which is dedicated to a non-profit agency;

(bc) The City makes a finding that any pipelines through County lands are located inland of the Santa Cruz County Utility Prohibition Overlay District adopted pursuant to the MOU required by City of Watsonville Local Coastal Program Amendment 1-99;

(bd) The utility line(s) through the County is (are) found consistent with the County local coastal program and have received an appealable County coastal permit; and

(be) The connecting lines within the City limits comply with all other applicable provisions of the ordinance codified in this article; and

(ac) Applied for as specified in Section 9-5.705(g) (10);

(iii) That the proposed facility could not be located in an existing developed area;

(iv) That the development will utilize topographical shielding and/or dense planting to minimize impact upon views from Highway 1; and

(v) A field search for the endangered Santa Cruz Tarweed shall be conducted by a qualified botanist during the time of year in which the plant is expected to be in bloom (between June and October) on the parcel(s) in question before approval of any development. The report of such field investigation shall be forwarded to the State Department of Fish and Game for evaluation. If any portion of the site is confirmed to be an endangered plant habitat, such area shall be treated as environmentally sensitive habitat, kept in a natural state, and protected from the intrusion of humans, erosion, vehicular traffic, and other activities which could significantly disrupt the habitat.

(c) Zone C. Performance standards.

(1) Minimum lot area and dimensions.

Any development on Area C, other than habitat restoration activities, shall be confined to the development envelope shown in Land Use Plan Figure 2A. All nonagricultural development on Area C shall be clustered within a building envelope no larger than eight (8) contiguous acres, with the exception that a public school (subject to Section 9-5.704(c)) shall be located within a building envelope no larger than forty-two (42) contiguous acres. (Exclude wetland, riparian habitat, and other environmentally sensitive habitat areas from development envelope and density calculations.)

(2) Minimum yard setbacks.

Hanson Slough: top of slope at the edge of the development envelope depicted on Land Use Plan Figure 2A.

West Branch of Struve Slough: top of slope at the edge of the development envelope depicted on Land Use Plan Figure 2A.

(3) Maximum building height and lot coverage. Lot coverage by impervious surface: ten (10%) percent, or up to a maximum total of eighteen (18) acres for a public school only (subject to Section 9-5.704(c)), subject to Section 9-5.705(c)(5). Vehicular parking areas shall be minimized. The number of parking spaces shall be based upon Watsonville Municipal Code requirements for off-street parking as of March 16, 2000. For a public school, this means:

(i) Elementary or junior high school: one parking space per employee, plus twenty (20) public parking spaces;

(ii) High school: one parking space per employee, plus one parking space per seven (7) student classroom seats;

(iii) College or university: one parking space per three (3) student classroom seats.

Height: thirty (30) feet as measured from finished grade, subject to Section 9-5.705(g)(3). However, up to two (2) buildings may exceed the thirty (30) foot limit so long as each building has a maximum height of thirty-seven (37) feet, is a public school facility, and does not exceed eighteen thousand (18,000) square feet.

(Exclude wetland, riparian habitat, and other environmentally sensitive habitat areas from gross parcel acreage for purposes of calculating maximum impervious surface coverage.)

(4) Special conditions and findings required for issuing a special use permit and/or coastal permit:

(i) Habitat preservation and restoration uses that remove agricultural land from production in or adjacent to habitat areas or on slopes are permitted, pursuant to a restoration plan prepared by a biologist pursuant to Section 9-5.705(g)(4). For other nonagricultural use an Agricultural Viability Report must be prepared and must have concluded: (1) continued agricultural use is demonstrated to be infeasible pursuant to Section 9-5.815; or (2) if agricultural use on the site (or the part of the site proposed for nonagricultural use) has ceased, then nonagricultural use may be permitted only if renewed agricultural use is demonstrated to be infeasible pursuant to Section 9-5.815. An exception to making this finding (in the preceding sentence) may only be made to allow a public school (subject to Section 9-5.704(c)). Nonagricultural development within Area C shall not be allowed unless a Specific Plan (see Section 9-5.705(c)(4)(xv)) is first adopted that: defines all development areas for Area C; provides permanent measures to protect areas within Area C outside of the development envelope shown on Land Use Plan Figure 2A and outside of the building envelope pursuant to Section 9-5.705(c)(1); and ensures that all plan policies will be met. Any nonagricultural use of a portion of Area C shall be sited to optimize agricultural use on the remainder of the site and on adjacent agricultural lands in unincorporated Santa Cruz County, including, but not limited to, maintenance of a 200-foot agricultural buffer consistent with Section 9-5.705(g)(6). Limited public school parking, sports fields, and pathways only shall be allowed within the “Public School Restricted Use Area” portion of the 200-foot agricultural buffer on the perimeter of Area C as shown on Land Use Plan Figure 2A; buildings and any other structures shall be prohibited in this area. For a public school only, the 200-foot agricultural buffer located along the northern boundary of the public school property may contain a 150-foot “Public School Restricted Use Area” on the southern edge of the buffer within which limited public school parking, sports fields, and pathways only shall be allowed; buildings and any other structures shall be prohibited in this area.

(ii) Environmentally sensitive habitat areas must be kept in a natural state and protected from intrusion of humans, domestic animals and livestock (including but not limited to adequate screening to block noise, glare, lights and visibility associated with same), from erosion, sedimentation and contaminated runoff, and from loud noise or vehicular traffic. Any development activity that alters drainage patterns to the portion of Hanson Slough at the southwestern corner of Area C shall provide for restoration of this portion of Hanson Slough to a functional wetland; this shall be provided for in a Biological Restoration Plan (Section 9-5.705(g)(4)). All environmentally sensitive habitat areas shall be buffered. There are three (3) environmentally sensitive habitat areas and at least three (3) environmentally sensitive habitat area buffer areas on Area C as depicted on Land Use Plan Figure 2A; the following environmentally sensitive habitat areas and buffering requirements shall be provided for by the Biological Restoration Plan (Section 9-5.705(g)(4)) as follows:

(aa) For the environmentally sensitive habitat area located between the top of slope at the edge of the development envelope depicted on Land Use Plan Figure 2A and the West Branch of Struve Slough: Within this environmentally sensitive habitat area, invasive exotics shall be removed and appropriate native grasses (e.g., from a native plant palette recommended by the California Department of Fish and Game) shall be planted. A weed control plan shall be implemented to increase native plant coverage. The unimproved access ways in this area shall not be improved, and, preferably, shall be removed and revegetated. No other uses shall be allowed in this area with the exception of one area of utility crossing (i.e., one wastewater pipeline, one potable water pipeline, and associated infrastructure) provided that these utilities are otherwise allowed by this article. Any such area shall be the minimum width necessary to accommodate the utilities;

(ab) For the buffer area located between the top of slope at the edge of the development envelope depicted on Land Use Plan Figure 2A and Hanson Slough: Within this buffer, invasive exotics shall be removed and native grasses (e.g., from a native plant palette recommended by the California Department of Fish and Game) shall be planted. Passive recreation (such as a pedestrian trail), supervised education and active wetland restoration and research activities are allowed in this buffer;

(ac) For the 100 foot buffer area around the Hanson Slough riparian area located along the western boundary of Area C: Within this buffer, invasive exotics shall be removed and native grasses (e.g., from a native plant palette recommended by the California Department of Fish and Game) shall be planted; and

(ad) For the area along Harkins Slough Road east of Lee Road that acts as a buffer to the California Department of Fish and Game Ecological Preserve: Within this buffer, invasive exotics shall be removed and native trees, shrubs and native grasses (e.g., from a native plant palette recommended by the California Department of Fish and Game) shall be planted. Within this buffer, one access road of the minimum width necessary to accommodate the permitted use shall be allowed if otherwise allowed by this article.

All environmentally sensitive habitat areas and environmentally sensitive habitat area buffers shall be permanently maintained and protected. Deed restrictions, open space/conservation easements, or other such legal instruments shall be required for such buffer areas.

(iii) Maximum slope of developed portion of lot (before grading): fifteen (15%) percent except for isolated areas of slopes greater than fifteen (15%) within the development envelope shown on Land Use Plan Figure 2A and if required for construction of a public school only (subject to Section 9-5.704(c)), subject to Section 9-5.705(c)(5).

(iv) A field search for the endangered Santa Cruz Tarweed shall be conducted by a qualified botanist during the time of year in which the plant is expected to be in bloom (between June and October) on all of Area C before approval of any development. The report of such field investigation shall be forwarded to the California Department of Fish and Game for evaluation of the report’s analysis and conclusion(s). If any portion of the site is confirmed by the Department of Fish and Game to be endangered plant habitat, such area shall be treated as environmentally sensitive habitat to which the Local Coastal Program environmentally sensitive habitat policies apply.

(v) Any development relying upon a septic tank or other on-site system, shall submit a specific design and engineering analysis by a licensed soils engineer, which demonstrates both sufficient separation between leaching fields and winter groundwater levels, and that the requirements of the Regional Water Quality Board are complied with.

(vi) Any development in a streambed must be conditional upon execution of and compliance with an Agreement (“1603 Agreement”) with the California Department of Fish and Game under the requirements of Sections 1601 1603 of the California Public Resources Code.

(vii) Appropriate native trees, shrubs, and grasses shall be planted in the required setback area, consistent with a Biological Restoration Plan (Section 9-5.705(g)(4)) prepared by a qualified wetland biologist wherever development is adjacent to an environmentally sensitive habitat area, in such a manner as to provide a dense visual screen, impede human access and enhance bird roosting and nesting. Adjacent to running water, native riparian species are appropriate. In other areas native upland species are appropriate.

(viii) Residential lots may be smaller than the allocated density to allow for clustering. Any permitted residential use shall be clustered on the smallest lots possible with shared driveways and the remainder open space retained for agricultural uses. Residential development shall only occur within the development envelope shown on Land Use Plan Figure 2A.

(ix) Sewer (only for a public school, subject to Section 9-5.704(c)) and/or potable water service may be provided only if all of the following circumstances apply to such utility(ies):

(aa) They must be applied for and reviewed pursuant to Section 9-5.705(g)(10);

(ab) They shall be financed in a way which does not require or involve assessments against or contributions from properties along Lee Road outside of Area C, or against any agricultural property;

(ac) They shall be the minimum size pipes, pumps, and any other facility(ies) necessary to accommodate the permitted use, and evidence is provided from a licensed civil engineer indicating that this is the case;

(ad) They shall be designed and built to end as a hook-up to the allowed development with no other stubs on or off the site;

(ae) They shall incorporate dedication of a one-foot or greater nonaccess easement surrounding the outer boundary of the parcel(s) on which the development to be served by the utility(ies) will occur. The extensions of sewer service and potable water shall be prohibited across the nonaccess easement and the easement shall be dedicated to a public agency or private association approved by the City Council. The City Council must find that the accepting agency has a mandate or charter to carry out the purposes of the easement dedication (e.g., the Department of Fish and Game or a nonprofit land trust would be candidate entities to accept such an easement);

(af) The wastewater connection shall emanate from only one City sewer line (no greater than six (6") inches wide if a force main, or eight (8") inches wide if a gravity line) under Highway One north of Beach Road except that two (2) lines may be pursued if the requirements of subsection (ai) of this subsection (c)(4)(ix) are met. In such case, no more than two (2) sewer lines shall cross Highway One. If a sewer line is extended for a public school along Harkins Slough Road, such line shall be no greater than a six (6) inch force main and shall enter the school site as near to Highway One as possible;

(ag) There is a current City of Watsonville-adopted, legally-binding instrument (e.g., a memorandum of understanding) that provides that, except for the “Green Farm” parcel (Santa Cruz Tax Assessor’s Parcel Number 052-271-04), the City will not pursue any additional annexations to the City west of Highway One, nor support any annexations to the city from third parties in that geographic area, unless both of the following findings can be made:

(ba) The land to be annexed is not designated Viable Agricultural Land Within the Coastal Zone (Type 3) by the Santa Cruz County General Plan/Local Coastal Program Land Use Plan, or the land to be annexed has been re-designated from Viable Agricultural Land Within the Coastal Zone to a different land use designation by the County of Santa Cruz through a Local Coastal Program Land Use Plan amendment and rezoning; and

(bb) The land is not Environmentally Sensitive Habitat, (including wetlands) as defined in Title 16, Section 16.32 of the County’s LCP or in Sections 30107.5 or 30121 of the Coastal Act;

In the event that a third party annexation west of Highway One is approved inconsistent with subsection (ba) or (bb) of this subsection (c)(4)(ix) (ag), the City will limit zoning of the incorporated land to that zoning most equivalent to the County’s agriculture or open space designation, and prohibit (1) the extension of urban services to this land, and (2) any subdivisions of the annexed land except those required for agricultural lease purposes;

(ah) Adequate capacity is available to serve the site; for water, the result shall not be a worsening of the groundwater overdraft situation; and

(ai) They must be placed within the City of Watsonville city limits, unless all of the following occur: (1) Caltrans will not allow such lines to be installed in the Caltrans right-of-way within the City limits; (2) the City makes a finding that there is a one-foot non-access strip surrounding the pipeline through County land which prohibits any tie-ins to the line and which is dedicated to a nonprofit agency; (3) the City makes a finding that any pipelines through County lands are located inland of the Santa Cruz County Utility Prohibition Overlay District adopted pursuant to the MOU required by City of Watsonville Local Coast Plan Amendment 1-99; (4) the line(s) through the County is (are) found consistent with the County local coastal program and have received an appealable County coastal permit; and (5) the connecting lines within the City limits comply with all other applicable provisions of this article.

(x) No subdivision or other adjustment of parcel lines shall be allowed which results in the creation of any parcel that cannot accommodate development consistent with Zone C performance standards unless the parcel is permanently protected pursuant to Section 9-5.705(g)(5) and dedicated to agriculture or another open space use.

(xi) All development visible from Highway One and/or other Coastal Zone roads shall be sensitively designed and subordinate to preservation of the public viewshed. All development shall be designed to be compatible with the rural agricultural character of the surrounding rolling hill landscape (See also Section 9-5.705(g)(3)).

(xii) If improved site access is required to serve permitted development on Area C, such access shall be constructed from West Airport Boulevard and not Harkins Slough Road if this is feasible and corroborating evidence shows it to be the least environmentally damaging alternative. If this is not feasible, then the City shall recommend to Santa Cruz County that any improvements to Harkins Slough Road (including, but not limited to road widening), shall include replacing the West Branch of Struve Slough culverts under Harkins Slough Road with a bridge of adequate span to provide for flood protection and habitat connectivity between the West Branch of Struve Slough on Area C and the California Department of Fish and Game Reserve, unless an alternative that is environmentally equivalent or superior to a bridge is identified. The City shall also recommend against any fill of any portion of the West Branch of Struve Slough except for incidental public services. Any Harkins Slough Road improvements at the Hanson Slough crossing shall provide adequate culverts to ensure habitat connectivity. Development shall be designed to minimize the extent of any such Harkins Slough Road improvements; improvements not necessary to serve the permitted development are prohibited. Any such road improvements shall include measures to protect habitat, and shall be sited and designed to minimize the amount of noise, lights, glare, and activity visible and/or audible within the West Branch of Struve Slough. Night lighting shall be limited to the minimum necessary to meet safety requirements and shall incorporate design features that limit the height and lumination of the lighting to the greatest extent feasible; provide shielding and reflectors to minimize on-site and off-site light spill and glare to the greatest extent feasible; avoid any direct lumination of sensitive habitat areas; and, incorporate timing devices to ensure that the roadway is illuminated only during those hours necessary for school functions and never for an all-night period. Any such improvements to Harkins Slough Road shall be within the parameters of a Biological Restoration Plan prepared for such project pursuant to Section 9-5.705(g)(4).

(xiii) Prior to the exercise of any Coastal Development Permit for Area C, a valid Coastal Development Permit issued by the County of Santa Cruz for any off-site improvements outside of Area C directly related to development within Area C shall be in place. The only exception to this requirement shall be for the off-site improvements (including the bridge at Harkins Slough Road if Harkins Slough Road is to be used for access pursuant to Land Use Policy III (C)(3)(o), road improvements and utilities outside of Area C directly related to development of a public school within Area C necessary to support a public school in Area C. In the event that the development within Area C will be a public school, off-site improvements outside of Area C directly related to development within Area C, pursuant to a valid Coastal Development Permit, shall be completed and open for public use prior to occupancy of the public school. If Harkins Slough Road is used for access, via a bridge pursuant to Land Use Policy III (C)(3)(o), the Coastal Development Permit for a public school within Area C may be exercised upon the award of a contract for an environmental impact report or other applicable environmental study addressing the bridge and off-site road improvements and utilities outside of Area C directly related to development of a public school within Area C and, further, upon provision of written confirmation of available, committed funding for the bridge and environmental study thereof.

(xiv) All site runoff shall be captured and filtered to remove typical runoff pollutants. Runoff from all surfaces subject to vehicular traffic shall be filtered through an engineered filtration system specifically designed to remove vehicular contaminants. All filtered runoff that is suitable for groundwater recharge and/or wetland restoration purposes shall be directed to groundwater basins and/or wetlands in such a manner as to avoid erosion and/or sedimentation. All requirements of Section 9-5.705(g)(8) shall be implemented.

(xv) Area C is designated as a Special Study Area where development is subject to a Specific Plan, unless that development is: (1) one residence per existing parcel; or (2) a public school. All other development, subdivision, and/or lot line adjustment is subject to a Specific Plan. The Specific Plan shall: define all development areas for Area C; provide permanent measures to protect areas within Area C outside of the development envelope shown on Land Use Plan Figure 2A and outside of the building envelope pursuant to Land Use Plan Policy C.3.q and Section 9-5.705(c)(1) of this article; provide permanent measures to protect areas within agricultural and environmentally sensitive habitat areas and buffers; and ensure that all Local Coastal Program policies will be met. At a minimum, the Specific Plan shall:

(aa) Allow for nonagricultural development only on the parcel(s) or portion(s) of parcel(s) found infeasible for continued or renewed agricultural use under Land Use Plan Policy III.C.4 and Section 9-5.705(c)(4) of this article and only within the development envelope shown on Land Use Plan Figure 2A;

(ab) Not allow any subdivision or other adjustment of parcel lines that cannot accommodate development consistent with Area C performance standards unless the parcel is permanently protected and dedicated to agriculture or another open space use;

(ac) Allow for resubdivision of existing parcels which is encouraged to better meet LCP objectives for Area C;

(ad) Comply with all standards for development of Area C; and

(ae) The Specific Plan shall also:

(ba) Delineate a maximum building envelope of 8 acres within the development envelope shown on Land Use Plan Figure 2A that is found infeasible for continued or renewed agricultural use;

(bb) Within the maximum building envelope, the maximum impervious surface coverage is seven (7) acres; the remaining one or more acres is for landscaping and other pervious surface uses;

(bc) Allow for subdivision for residential purposes resulting in lots as small as one acre (minimum size for septic systems), provided that there is a maximum of fifteen (15) residences permitted; and

(bd) Allow for portions of residential parcels to extend beyond the eight (8) acre maximum building envelope, provided that any such portions are restricted to agricultural uses or comprise the 200 foot agricultural buffer.

(5) Criteria for an increase in impervious surface coverage and development on slopes. An increase in impervious surface coverage (up to eighteen (18) acres of that portion of Area C within the development envelope defined in Land Use Plan Figure 2A) and development on isolated areas of slopes greater than fifteen (15%) (within the development envelope shown on Land Use Plan Figure 2A) on Area C may be allowed for a public school (subject to Section 9-5.704(c)) only if: (a) the following findings are made; and (b) the following mitigation measures are included as enforceable conditions of any coastal development permit granted for a public school:

(i) Required Findings:

(aa) The impervious surface coverage is the minimum necessary to accommodate a public school of a size documented as needed by the school district to serve existing and projected student populations and to meet State School Sizing Criteria;

(ab) There is no feasible alternative location;

(ac) The siting clusters the school as much as possible to leave as much of the nonhabitat part of the site available for continued agriculture, open space or habitat restoration;

(ad) Airport safety.

(ba) The Pajaro Valley Unified School District has, prior to submitting an application for a coastal development permit but after March 16, 2000, given written notice to the State Department of Education pursuant to California Education Code Section 17215, to request an airport safety and noise evaluation of any portion of Area C proposed for development. This notice shall request that this evaluation take into account changed circumstances since the 1992/97 Caltrans Aeronautics review, including but not limited to the following:

(ca) The public school development envelope approved by City of Watsonville Land Use Plan Amendment 1-99;

(cb) Relevant factors listed in the revised Office of Airport Procedures of the Aeronautics Program, dated December 19, 1998 (e.g., flight activity, type of aircraft, proposed operation changes, etc.);

(cc) The proposed runway extension; and

(bb) The City has received Department of Education documentation, pursuant to subsection (ba) of this subsection (C)(5)(i)(ad) indicating which portions of Area C are safe for public school development with respect to potential airport safety concerns; and

(ae) The design is evocative of, and designed to be compatible with, the rural agricultural character of the surrounding rolling hill landscape.

(ii) Required coastal development permit conditions.

(aa) The public school shall include: (1) an environmental stewardship program, with an interpretive and teaching plot adjacent to the upper finger of Hanson Slough on Area C for students to conduct supervised environmental restoration; and (2) a sustainable agricultural education component (e.g., similar to that at Watsonville High School) that may include some agricultural study plots on site.

(ab) There shall be no exterior night lighting, other than the minimum lighting necessary for pedestrian and vehicular safety purposes. All lighting shall be directed away from environmentally sensitive habitat areas and shall not be visible from any vantage point within environmentally sensitive habitat areas. All interior lighting shall be directed away from windows which are visible from environmentally sensitive habitat areas. All lighting shall be downward directed and designed so that it does not produce any light or glares off-site.

(ac) The Applicant shall develop a wetland restoration and landscape plan with input from a qualified wetland biologist and hydrologist that incorporates, at a minimum, all of the provisions of Section 9-5.705(c)(4)(b) of this article and that shall provide for the restoration of all buffer areas (from environmentally sensitive habitat areas and agriculture). The plan shall be submitted and approved by the City prior to issuance of the coastal development permit. The Applicant shall post a bond with the City of sufficient amount to provide for all environmental enhancements and all mitigation measures that are identified in any final environmental document(s) certified for the project.

(ad) There shall be screening between habitat and areas with human activity so that such areas shall not be visible from any vantage point within environmentally sensitive habitat areas.

(ae) All site runoff shall be captured and filtered to remove typical runoff pollutants. Runoff from all surfaces subject to vehicular traffic shall be filtered through an engineered filtration system specifically designed to remove vehicular contaminants. All filtered runoff that is suitable for groundwater recharge and/or wetland restoration purposes shall be directed to groundwater basins and/or wetlands in such a manner as to avoid erosion and/or sedimentation.

(af) Any land on Area C not incorporated into the building envelope for a public school shall be used only for agricultural purposes, open space, or habitat restoration, with the 200 foot buffer from the school and the fields adjusted accordingly. If the land is purchased by a school district, the district must present a binding agreement to offer the excess land for agricultural, open space, or habitat restoration use. An agreement to offer land for agricultural use must be made at no greater than fair market rents. Legal access must be provided to any remainder agricultural parcel, without any restrictions as to the farm employees’ use.

(ag) Any agricultural wells on Area C that would be displaced by school development shall be made available at no more than current market costs to adjacent or nearby farmers, if such farmers demonstrate a need for the water and it can be feasibly transported to their fields.

(ah) The permittee shall record a deed restriction or an open space/conservation easement that provides that all agricultural and environmentally sensitive habitat areas and their buffers shall be permanently maintained and protected (see Section 9-5.705(g)(5)). All agricultural and environmentally sensitive habitat areas and their buffers shall be offered to appropriate resource management agencies and/or non-profit organizations along with sufficient funding to implement any mitigations or conditional requirements applicable to these areas.

(ai) An agricultural hold-harmless, right-to-farm agreement shall be recorded as a deed restriction on the property pursuant to Section 9-5.705(g)(7).

(aj) Any special event not associated with instructional programs and/or athletic events at the school that exceeds the maximum permitted student and employee capacity of the school, and/or that may adversely affect adjacent habitat areas, shall require a coastal development permit and shall be subject to all Area C performance standards.

(ak) There shall be a landscaping and grounds maintenance plan that provides for minimizing the use of pesticides, herbicides, and fertilizers, and protecting against adverse impacts associated with them. Such plan shall be submitted for the review and approval of the City. Pesticides and herbicides shall only be used if there is a documented problem and not on a regular preventative schedule, and shall not be applied if rain is expected. Nonchemical fertilizers are preferred. The least toxic alternatives, and the minimum necessary for the problem, shall be used in any case. The landscaping and grounds maintenance plan shall include nutrient control parameters.

(al) All mitigation measures that are identified in any final environmental document(s) certified for the project shall be incorporated as conditions of approval. In the event that any such mitigation measures are in conflict with these required conditions and/or with any Area C or other Local Coastal Program performance standards, then the conflicting portion of any such mitigation measure shall not be incorporated as a condition of approval.

(am) Prior to the issuance of a Coastal Development Permit, the applicant shall submit a full geotechnical investigation consisting, at a minimum, of the following:

(ba) Sufficient borings to fully characterize the soil conditions underlying all of the principal structures to be constructed;

(bb) Quantitative demonstration of bearing capacity of the soils;

(bc) Quantitative evaluation of lateral pressures to be expected due to the expansive nature of the soils at the site;

(bd) A seismic analysis consisting of the determination of the maximum credible earthquake at the site, corresponding maximum ground acceleration, and an estimate of the maximum duration of ground shaking;

(be) Evaluation of the potential for undiscovered potentially active fault strands crossing the site;

(bf) Quantitative analysis of slope stability for all natural and artificial slopes to be built for both static loads and for accelerations expected for the maximum credible earthquake at the site. Geotechnical parameters used in these calculations should be obtained from laboratory analyses of undisturbed samples collected at the site. In the case of fill slopes, geotechnical parameters may be estimated from fill materials similar to anticipated material to be used at the site;

(bg) Evaluation of shallow groundwater conditions occurring naturally at the site, and anticipated changes that will occur as a result of grading. In particular, the potential accumulation of perched groundwater at the contact between artificial fills and clay-rich natural soils should be addressed;

(bh) Demonstration that the planned drainage and detention system will be sufficient to prevent accumulation of perched ground water at the base of fills during, at a minimum, a 100-year storm event. Demonstration that peak runoff during such an event will be reduced to allowable levels before being discharged to the natural watersheds downstream of the site;

(bi) Evaluation of potential for liquefaction of natural soils and of artificial fills. In particular, the potential for liquefaction of artificial fills due to the presence of perched groundwater at the base of fills should be addressed;

(bj) All foundations and structures must be constructed to conform to the California Building Code using design parameters which take into account ground shaking expected in the maximum credible earthquake for the site. Special attention should be paid to possible misalignment of foundation supports brought about by the expansive soils at the site.

(an) The high school shall develop a refuse containment and maintenance program that includes at least the following components: fully enclosed or animal-proof garbage containers; specifically designated eating areas; and provisions built into maintenance contracts requiring that all eating areas anywhere on campus be swept clean on a daily basis.

(d) Zone D. Performance standards.

(1) Waste discharge requirements of the Regional Water Quality Control Board shall be met.

(2) Any new structures visible from the Pajaro River bicycle path shall be designed to minimize visual intrusion.

(e) Zone E. Performance standards.

(1) Waste discharge requirements of the Regional Water Quality Control Board shall be met.

(2) A fifty (50') foot setback from the environmentally sensitive habitat areas identified in the Coastal Land Use Plan for the City and County shall be provided.

(3) A reclamation plan providing for landscape contouring and vegetation consistent with proposed and surrounding land uses shall be submitted.

(4) The riparian habitat shall be kept in a natural state, and measures shall have been taken to protect the riparian habitat areas on the site and adjacent sites.

(5) A field search for the endangered Santa Cruz Tarweed shall be conducted by a qualified botanist during the time of year in which the plant is expected to be in bloom (between June and October) on the parcel(s) in question before approval of any development. The report of such field investigation shall be forwarded to the California Department of Fish and Game for evaluation. If any portion of the site is confirmed.

(f) Zone R, Performance standards.

(1) New off-ramps from Highway One shall be prohibited if designed to relieve congestion generated by public school development on Area C.

(2) New off-ramps from Highway One and/or additional road capacity for any roads, offramps, or overpasses within this district (e.g., Rampart Road, Airport Boulevard off-ramp, Main Street, Harkins Slough Road overpass) shall be prohibited unless all of the following have occurred:

(i) A traffic study has been completed by a qualified transportation engineer demonstrating that there exists a severe congestion problem inland of Highway One (i.e., level of Service D at peak periods) that cannot be solved by other feasible means (including but not limited to modifying traffic signal timing and alternative transportation measures) other than the new off-ramp or road widening project;

(ii) The project includes pedestrian, bicycle, and transit components, except in the case of off-ramp improvements only; and

(iii) There is a current City of Watsonville-adopted, legally-binding instrument (e.g., a memorandum of understanding) that provides that, except for the “Green Farm” parcel (Santa Cruz Tax Assessor’s Parcel Number 052-271-04), the City will not pursue any additional annexations to the City west of Highway One, nor support any annexations to the City from third parties in that geographic area, unless both of the following findings can be made:

(aa) The land to be annexed is not designated Viable Agricultural Land Within the Coastal Zone (Type 3) by the Santa Cruz County General Plan/Local Coastal Program Land Use Plan, or the land to be annexed has been redesignated from Viable Agricultural Land Within the Coastal Zone to a different land use designation by the County of Santa Cruz through a Local Coastal Program Land Use Plan amendment and rezoning; and

(ab) The land is not Environmentally Sensitive Habitat, (including wetlands) as defined in Title 16, Section 16.32 of the County’s Local Coastal Program or in Sections 30107.5 or 30121 of the Coastal Act.

In the event that a third party annexation west of Highway One is approved inconsistent with subsection (aa) or (bb) of this subsection (f)(2)(iii), the City will limit zoning of the incorporated land to that zoning most equivalent to the County’s agriculture or open space designation; and prohibit (a) the extension of urban services to this land, and (b) any subdivisions of the annexed land except those required for agricultural lease purposes.

(3) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. Managed observation areas may be permitted adjacent to sensitive habitat areas, subject to an approved plan and management program that preserves sensitive habitat values and minimizes human disturbance.

(4) Except for the environmentally sensitive habitat area east of the farm road on Area C, all development shall be set back a minimum of 100' from any environmentally sensitive habitat area. Appropriate native trees, shrubs, and grasses shall be planted in the required setback area, consistent with a landscape plan prepared by a qualified wetland biologist, wherever development is adjacent to an environmentally sensitive habitat area, in such a manner as to provide a visual screen, impede human access and enhance bird roosting and nesting. Adjacent to running water, native riparian species are appropriate. In other areas native upland species are appropriate.

(5) All development shall be sited and designed to minimize the amount of noise, lights, glare, and activity visible and/or audible within environmentally sensitive habitat areas and their required buffers. Adequate screening (through plantings, soil berms, and/or solid wood fences) located outside of the environmentally sensitive habitat areas and their buffers shall be required to limit degradation of habitat and buffer areas, and to ensure that the amount of noise, lights, glare, and activity visible and/or audible in these areas are minimized.

(6) All environmentally sensitive habitat areas and environmentally sensitive habitat area buffers shall be permanently maintained and protected. Deed restrictions or open space/conservation easements shall be required for all such areas pursuant to Section 9-5.705(g)(5).

(g) All Zones A through E inclusive and R: Performance standards. In addition to the specific performance standards for each Zone set forth in this article, all approved development applications shall be subject to performance standards, findings, and conditions as needed for conformance with the Chapter II policies (“Policies Affecting All Areas”) of the certified Watsonville Coastal Land Use Plan (LUP), as follows:

(1) Each coastal development permit shall cite applicable Chapter II polices, and, as necessary, the specific manner in which the policy requirements will be met for the particular project and site.

(2) Land Use Plan Policy II.A.4, Archaeologic Resources. Permits shall be conditioned to require that if archaeological or paleontological materials are encountered, work which would disturb such materials shall be halted until reasonable mitigation measures, consistent with the standards prescribed by the State Historical Preservation Office, are implemented.

(3) Policy II.B, Coastal Visual Resources. New development shall be sited and designed to protect views of scenic coastal areas; in particular, this requirement shall apply to the seaward views from State Route One, across the wetlands and associated riparian areas of the Watsonville Slough Complex and along the Pajaro River. These existing scenic views of natural habitat and agricultural croplands shall be protected through all appropriate measures, including but not limited to:

(i) Where feasible, new structures shall be hidden from Highway 1; otherwise such development shall be screened through planting and permanent upkeep of appropriate tree species (such as native live oak which will provide, upon maturity, complete vegetative screening on a year-round basis.

(ii) All linear utilities (including but not limited to electrical power, telephone and cable television service connections) in new development shall be placed underground. Accessory utilities (e.g., utility meters, electrical panels, and transformers) shall be placed underground as practicable and safe.

(iii) Advertising and commercial signs that would block views from Highway 1 and/or other coastal zone roads to the wetland and riparian and other environmentally sensitive habitat areas shown on Land Use Plan Figures 2 and/or 2A, shall not be allowed. All signs shall be designed to be consistent with the architectural character of the development, designed to be an integral part of the landscape area, and compatible with the character of the surrounding scenic rural lands. Plastic shall not be used as a sign material. Sign illumination, where necessary, shall be the minimum required and shall be designed to avoid off-site glare.

(iv) Land divisions and/or lot line adjustments that would result in increased visibility of future development due to the configuration of the new parcels as seen from Highway One and/or other coastal zone roads shall be prohibited.

(v) Minimize alterations of the natural landform through avoidance of grading visible from Highway One and/or other coastal zone roads. Where grading visible from Highway One and/or other coastal zone roads cannot be avoided, such grading shall blend the contours of the finished surface with the adjacent natural terrain and landscape to achieve a smooth transition and natural appearance. No retaining walls around the perimeter of the school site shall be allowed; however, any interior retaining walls that may protrude above the level of finished grade shall be minimized in height and colored, textured, and landscaped to reduce visual impacts from Highway One and/or other coastal zone roads.

(vi) All development visible from Highway One and/or other coastal zone roads shall be sensitively designed and subordinate to preservation of the public viewshed. All development shall be designed to be compatible with the rural agricultural character of the surrounding rolling hill landscape, except that no design changes that would entail a new approval from the State Architect are required. Compatible design shall be achieved through the use of: utilitarian design features; roofs pitched above horizontal; low-slung buildings separated by open spaces to break up visual massing; large building facades broken up by varied rooflines, offsets, and building projections that provide shadow patterns; large structures broken down into smaller building elements (rather than long continuous forms); and second story building elements set back from the first story exterior. Large box-like designs, large unbroken roof lines, and/or large flat surfaces lacking architectural treatment shall not be allowed. All exterior finishes shall consist of earthen tone colors that blend with the surrounding landscape (such as board and batten wood siding). All required fencing shall be rustic split rail fencing of roughhewn and unpainted wood timbers (e.g., cedar) with the exception that rustic wood fencing with no gaps can be utilized if such fencing is required to screen sensitive habitat areas from development.

(vii) All nonagricultural development shall include landscaping (for all areas not covered with structures) with only native plant species characteristic or indigenous to the immediate surrounding area that evoke the sense of rolling rural area. Such landscaping shall include a mix of natives grasses, shrubs, and trees coordinated with, and complementary to, building design, and consistent with a transition to the natural landform. All landscaping shall provide for screening vegetation fronting any structures that are visible from Highway One and/or other coastal zone roads. These landscape requirements shall be implemented through a landscape plan that, at a minimum, shall specify that: (a) all plantings will be maintained in good growing conditions throughout the life of the project, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with the plans; (b) landscaping will be kept free of weeds and invasive non-natives (such as acacia, pampas grass, and scotch broom) and shall require the removal of any such invasive non-natives that are already present on the site; (c) all landscaping will be provided with an adequate, permanent and nearby source of water which shall be applied by an installed irrigation, or where feasible, a drip irrigation system. The irrigation system shall be designed to avoid runoff, overspray, low head drainage, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures.

(4) Biological restoration plans. Any habitat restoration, enhancement, and/or buffering plans shall be prepared by a wetland biologist and hydrologist developed in consultation with and subsequently distributed for review by the Department of Fish and Game and U.S. Fish and Wildlife Service. The plans and the work encompassed in the plans shall be authorized by a coastal development permit. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the City. No changes to the approved final plans shall occur without a City-approved amendment.

The elements of such a plan shall at a minimum include:

(i) A detailed site plan of the entire habitat and buffer area with a topographic base map;

(ii) A baseline ecological assessment of the habitat and buffer area, including but not limited to, assessment of biological, physical, and chemical criteria for the area;

(iii) The goals, objectives, performance standards, and success criteria for the site, including specific coverage and health standards for any areas to be planted. At a minimum, explicit performance standards for vegetation, hydrology, sedimentation, water quality, and wildlife, and a clear schedule and procedure for determining whether they are met shall be provided. Any such performance standards shall include identification of minimum goals for each herbaceous species, by percentage of total plantings and by percentage of total cover when defined success criteria are met; and specification of the number of years active maintenance and monitoring will continue once success criteria are met. All performance standards shall state in quantifiable terms the level and extent of the attributes necessary to reach the goals and objectives. Sustainability of the attributes shall be part of every performance standard. Each performance standard shall identify: (1) the attribute to be achieved; (2) the condition or level that defines success; and (3) the period over which success must be sustained. The performance standards must be specific enough to provide for the assessment of habitat performance over time through the measurement of habitat attributes and functions including, but not limited to, wetland vegetation, hydrology, and wildlife abundance;

(iv) The final design, installation, and management methods that will be used to ensure the mitigation site achieves the defined goals, objectives, and performance standards;

(v) Provisions for the full restoration of any impacts that are identified as temporarily necessary to install the restoration or enhancement elements;

(vi) Provisions for submittal, within thirty (30) days of completion of initial (and subsequent phases, if any) of restoration work, of “as built” plans demonstrating that the restoration and enhancement has been established in accordance with the approved design and installation methods;

(vii) Provisions for a detailed monitoring program to include at a minimum provisions for assessing the initial biological and ecological status of the site. The assessment shall include an analysis of the attributes that will be monitored pursuant to the program, with a description of the methods for making that evaluation;

(viii) Provisions to ensure that the site will be promptly remediated if monitoring results indicate that the site does not meet the goals, objectives, and performance standards identified in the approved mitigation program and provisions for such remediation. If the final report indicates that the mitigation project has been unsuccessful, in part, or in whole, based on the approved performance standards, the applicant shall submit a revised or supplemental mitigation program to compensate for those portions of the original program which did not meet the approved performance standards. The revised mitigation program, if necessary, shall be processed as an amendment to this coastal development permit;

(ix) Provisions for submission of annual reports of monitoring results to the City for the first five (5) years after all restoration and maintenance activities have concluded (including but not limited to watering and weeding, unless weeding is part of an ongoing long-term maintenance plan) and periodic monitoring after that time, beginning the first year after submission of the “as-built” assessment. Each report shall include copies of all previous reports as appendices. Each report shall also include a “Performance Evaluation” section where information and results from the monitoring program are used to evaluate the status of the project in relation to the performance standards.

(5) Biological and agricultural easements. Prior to issuance of a coastal development permit to proceed with development of any site where a portion of the property has use restrictions placed on it for habitat or agricultural purposes, the landowner of the parcel(s) subject to the permit, shall have completed the following:

(i) A document shall have been executed and recorded in a form and content acceptable to the City Attorney and the Executive Director of the Coastal Commission as described below, dedicating to a public agency or private association approved by the City Council an open space and conservation easement over the specified portion of the land for the purposes established in the coastal permit findings. The City Council must find that the accepting agency has a mandate or charter to carry out the purposes of the easement dedication (e.g., the California Department of Fish and Game and the U.S. Fish and Wildlife Service would be candidate agencies to accept a habitat easement). An outright dedication or other transfer of title of the specified portion of the land can substitute for an easement. The document shall show the area of protection, both mapped and described in metes and bounds, consistent with the Local Coastal Program and coastal permit conditions. The document shall be recorded free of prior liens and any other encumbrances that the City Attorney determines may affect such interest. The document shall limit uses of and activities in the area of protection to those enumerated in the coastal permit or in a management plan or other document approved by the City as fulfilling compliance with a coastal permit condition. Provisions shall be included that permit the City staff, or in the case of habitat preservation or buffering, staff of the Department of Fish and Game and U.S. Fish and Wildlife Service, to enter and inspect the property for purposes of determining compliance with approved plans and permit.

(ii) If no suitable accepting agency has been determined, then the document shall take the form of an irrevocable offer to dedicate the land (or an easement on the land) to a public agency or private association approved by the City Council. In this case, the offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of twenty-one (21) years, such period running from the date of recording the offer.

(iii) If a direct easement, outright dedication or other transfer of title, or irrevocable offer to dedicate the land are infeasible in the opinion of the City Attorney and the Executive Director of the Coastal Commission, then the document shall take the form of a deed restriction over the specified portion of the land for the purposes established in the coastal permit findings. The deed restriction shall include a legal description and site plan of the Permittee’s entire property. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the City Attorney determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without an amendment to the coastal development permit.

(iv) Review and approval by the Executive Director of the Coastal Commission of the aforementioned legal documents consistent with Section 9-5.414.

(6) Agricultural buffers. Provide and maintain a buffer of at least 200-feet between agricultural land and non-agricultural uses on the property devoted to the non-agricultural uses. The setback shall incorporate vegetative or other physical barriers and be as wide as determined is necessary to minimize potential land use conflicts. The buffer area shall be permanently protected and restricted by easement or dedication pursuant to Section 9-5.705(g)(5), such document to incorporate the objectives and requirements herein. Buffer plantings or any other required barriers shall be maintained in perpetuity. Uses allowed in the buffers shall be limited to student agricultural activities, septic systems, any habitat improvements as may be specified in a habitat restoration plan (see Section 9-5.705(g)(4)), and, for Area C only: (a) one road crossing of the minimum width for public safety purposes as necessary to serve the permitted use; and/or (b) limited public school parking, sports fields, and pathways within the “Public School Restricted Use Area” portion of the 200-foot agricultural buffer on the perimeter of Area C as shown on Land Use Plan Figure 2A; buildings and any other structures shall be prohibited in this area; and/or (c) for a public school only, the 200-foot agricultural buffer located along the northern boundary of the public school property may contain a 150-foot “Public School Restricted Use Area” on the southern edge of the buffer within which limited public school parking, sports fields and pathways only shall be allowed; buildings and any other structures shall be prohibited in this area.

(7) Right to farm disclosure and hold-harmless acknowledgment.

(i) Intent. It is the declared policy of this City to encourage agricultural operations. It is the further intent of the City to provide to its residents, students, and workers proper notification of the City’s support of those person’s right to farm. Where nonagricultural land uses occur near agricultural areas, agricultural operations frequently become the subjects of nuisance complaints due to lack of information about such operations. As a result, agricultural operators may be forced to cease or curtail their operations. Such actions discourage investment in farm improvements to the detriment of agricultural uses and the viability of the area’s agricultural industry as a whole. It is the purpose and intent of this section to reduce the area’s loss of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. An additional purpose of this section is to promote a good neighbor policy by advising purchasers of property of the inherent potential problems associated with the purchase, such as the noises, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that through mandatory disclosures, purchasers and users will better understand the impact of living, working, or attending school near agricultural operations and be prepared to accept attendant conditions as the natural result of living or being in or near rural lands.

(ii) Findings. No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with properly accepted customs and standards, shall be or become a nuisance, private or public, due to any changed condition in or about the locality. The term “nuisance” shall have the meaning ascribed to that term in California Civil Code Section 3479, which reads in part, “Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the use of property, so as to interfere with the comfortable enjoyment of life or property ... is a nuisance.” The City of Watsonville has determined that the use of real property for agricultural operations is a high priority and favored use and those inconveniences or discomforts arising from such use, shall not be or become a nuisance.

(iii) Disclosure Statement. The following statement shall be included on all coastal zone permits issued by the City and shall be delivered to all new purchasers or lessees of property in the coastal zone:

The City of Watsonville declares it a policy to protect and encourage agricultural operations. If your property is located near or adjacent to an agricultural operation, you may at sometimes be subject to inconvenience of discomfort arising from the operation. If conducted in a manner consistent with applicable State and local laws, said inconveniences and discomforts shall not be or become a nuisance.

(iv) Acknowledgment. Prior to issuance of a coastal development permit for a nonagricultural use on a parcel adjacent to an agricultural parcel, the City shall receive proof that the following document has been recorded as a deed restriction. This statement shall be recorded and shall be binding upon the undersigned, any future owners, encumbrances, their successors, heirs, or assignees. The statements contained in this acknowledgment are required to be disclosed to prospective purchasers of the property described herein, and required to be included in any deposit receipt for the purchase of the property, and in any deed conveying the property, and distributed to all tenants, employees, students, or other uses of such property:

The undersigned do hereby certify to be the owner(s) or Lessees of the hereinafter legally described real property located in the City of Watsonville and do hereby acknowledge and agree: (a) that the property described herein is adjacent to land utilized or designated for agricultural purposes; (b) that residents, students, or other users of the property may be subject to inconvenience or discomfort or adverse effects arising from adjacent agricultural operations including, but not limited to, dust, smoke, noise, odors, fumes, grazing, insects, application of chemical herbicides, insecticides, and fertilizers, and operation of machinery; (c) users of the property accept such inconveniences and/or discomforts from normal, necessary farm operations as an integral part of occupying property adjacent to agricultural uses; (d) to assume the risks of inconveniences and/or discomforts from such agricultural use in connection with this permitted development; and (e) to indemnify and hold harmless the owners, lessees, and agricultural operators of adjacent agricultural lands against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any issues that are related to the agricultural land use and its impact to users of the property. It is understood that the City has established a 200 foot agricultural setback on the herein described property to separate agricultural parcels and non-agricultural uses to help mitigate, but not necessarily completely alleviate, these conflicts.

(8) Polluted Runoff Controls. All development shall incorporate structural and nonstructural Best Management Practices (BMPs). BMPs are methods for controlling, preventing, reducing, or removing typical runoff pollutants. BMPs generally fall into two categories: source control BMPs and treatment BMPs. Source control BMPs are designed to reduce or eliminate the introduction of pollutants into runoff (e.g., regular sweeping/vacuuming of vehicle parking areas). Treatment BMPs are designed to remove pollutants from runoff (e.g., silt fences to trap sediments at construction sites). In order of priority, all development shall: first, limit impervious surfacing and pollutant loading through good site planning; second, reduce pollutant loads through source control; and third, reduce pollutant loads through treatment controls (where appropriate). All development is subject to the following requirements, and shall at a minimum, include the following components:

(i) BMPs shall be designed to filter and/or treat the volume of runoff produced from each and every storm event up to and including the 85th percentile twenty-four (24) hour runoff event, prior to its discharge to a stormwater conveyance system, with the exception that more resource-protective runoff filtration and/or treatment standards for any specific coastal zone Area shall not be superceded.

(ii) Post-development peak runoff rates and volumes shall be maintained at levels similar to pre-development conditions.

(iii) All runoff shall be captured and filtered to remove typical runoff pollutants. Runoff from all surfaces subject to vehicular traffic or parking shall be directed through vegetative or other media filter devices effective at removing and/or mitigating contaminants such as petroleum hydrocarbons, heavy metals, and other particulates, or shall be filtered through an engineered filtration system specifically designed to remove vehicular contaminants. All filtered runoff that is suitable for groundwater recharge and/or wetland restoration purposes shall be directed to groundwater basins and/or wetlands in such a manner as to avoid erosion and/or sedimentation.

(iv) Opportunities for directing runoff into pervious areas on-site for infiltration and/or percolation of rainfall through grassy swales or vegetative filter strips shall be maximized where geotechnical concerns would not otherwise prohibit such use.

(v) Structural BMPs, other than vegetated strips consistent with a biological restoration plan, shall be placed outside of environmentally sensitive habitat buffer areas.

(vi) All development shall include Erosion Control Plans which clearly identify all BMPs to be implemented during construction and their location. Such plans shall contain provisions for specifically identifying and protecting all nearby storm drain inlets and natural drainage swales (with sand bag barriers, filter fabric fences, straw bale filters, block and gravel filters, drop-inlet sediment traps, etc.) to prevent construction-related runoff and sediment from entering into these storm drains or natural drainage areas which ultimately deposit runoff into the Watsonville Slough System and/or the Pacific Ocean. Silt fences, or equivalent apparatus, shall be installed at the perimeter of all construction sites. Except for the ESHA east of the farm road on Area C, no construction activity of any kind shall take place within 100 feet of any environmentally sensitive habitat areas, or outside of the development envelope shown on Land Use Plan Figure 2A. At a minimum, Erosion Control Plans shall also include provisions for stockpiling and covering of graded materials, temporary stormwater detention facilities, revegetation as necessary, restricting grading and earthmoving during the rainy season.

All Erosion Control Plans shall make it clear that: (1) dry cleanup methods are preferred whenever possible and that if wet cleanup is necessary, all runoff will be collected to settle out sediments prior to discharge from the site; all de-watering operations must require filtration mechanisms; (2) off-site equipment wash areas that provide containment and filtration of debris and wastewater are preferred whenever possible; if equipment must be washed on-site, the use of soaps, solvents, degreasers, or steam cleaning equipment should not be allowed; in any event, wash water shall not be allowed to enter storm drains or any natural drainage; (3) concrete rinsates shall be collected and shall not be allowed into storm drains or natural drainage areas; (4) good construction housekeeping shall be required (e.g., clean up all leaks, drips, and other spills immediately; refuel vehicles and heavy equipment off-site and/or in one designated location; keep materials covered and out of the rain (including covering exposed piles of soil and wastes); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather); and (5) all erosion and sediment controls shall be in place prior to the commencement of grading and/or construction as well as at the end of each day.

(vii) All parking lot areas, driveways, and other vehicular traffic areas on site shall be swept and/or vacuumed at regular intervals and at least once prior to October 15th of each year. Any oily spots shall be cleaned with appropriate absorbent materials. All debris, trash and soiled absorbent materials shall be disposed of in a proper manner. If wet cleanup of any of these areas is absolutely necessary, all debris shall first be removed by sweeping and/or vacuuming, all storm drains inlets shall be sealed, and wash water pumped to a holding tank to be disposed of properly and/or into a sanitary sewer system (if available). All permitted uses shall have on-site appropriate spill response materials (such as booms, absorbents, rags, etc.) to be used in the case of accidental spills.

(viii) All outside storage areas and loading areas shall be graded and paved and either: (1) surrounded by a low containment berm; or (2) covered. All such areas shall be: (1) equipped with storm drain valves which can be closed in the case of a spill; or (2) equipped with a wash down outlet to the sanitary sewer (if available).

(ix) All restaurants and/or food service uses shall include a plumbed wash-down area (either inside or out) connected to the sanitary sewer (if available).

(x) All BMPs shall be permanently operated and maintained. At a minimum:

(aa) All BMP traps/separators and/or filters shall be inspected to determine if they need to be cleaned out or repaired at the following minimum frequencies: (1) prior to October 15th each year; (2) prior to April 15th each year; and (3) during each month that it rains between November 1st and April 1st. Clean-out and repairs (if necessary) shall be done as part of these inspections. At a minimum, all BMP traps/separators and/or filters must be cleaned prior to the onset of the storm season, no later than October 15th of each year;

(ab) Debris and other water pollutants removed from BMP device(s) during clean-out shall be contained and disposed of in a proper manner; and

(ac) All inspection, maintenance and clean-out activities shall be documented in an annual report submitted to the City of Watsonville Public Works Department no later than June 30th of each year.

(9) Environmentally sensitive habitat area buffers. All environmentally sensitive habitat areas shall be buffered; specific buffer widths are specified for each Area (i.e., Areas A, B, C, D, E, and R) of the City’s coastal zone. Such buffers shall be designed to shield such sensitive habitat areas from development, and to enhance the functional resource value of the buffer and the environmentally sensitive habitat area through a Biological Restoration Plan (Section 9-5.705(g)(4)) prepared for any development adjacent to environmentally sensitive habitat areas. Uses allowed within buffers shall be limited to low-intensity restoration activities (such as removal of invasive exotic species and replanting with native trees, shrubs, plants and grasses as appropriate), unless other uses are specifically identified for any particular buffer area in the performance standards for that area (see Section 9-5.705(a), (b), (c), (d), (e), and (f)).

(10) Utility extensions.

(i) An application for a development that requires public wastewater or water lines shall include:

(aa) A plan showing the location and sizing of all water and wastewater facilities;

(ab) Calculations indicating the amount of water needed and wastewater generated from the development;

(ac) Calculations for the commensurate sizing of the utility lines;

(ad) An analysis of alternative use of on-site systems; and

(ae) A financial plan showing estimated costs and financing means of initial installation and future maintenance.

(ii) In order to approve any such public wastewater or water line, City staff shall have verified that:

(aa) The facilities are sized no greater than necessary to serve the permitted development; and

(ab) The financial plan is sound and is not predicated on any third party funding that would induce growth inconsistent with this chapter.

(iii) Any permit to approve a public wastewater or water line must be conditioned to prohibit installation to occur prior to the commencement of construction of the development that it is to serve.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988, as amended by § 1, Ord. 1080-99 C-M, eff. September 23, 1999, § 1, Ord. 1096-00 C-M, eff. October 12, 2000, § 1, Ord. 1112-01, eff. August 9, 2001, and § 1, Ord. 1124-02 C-M, eff. February 21, 2002)

(a) This subsection establishes a Utility Prohibition Overlay District (UPO). This is a minimum one-foot wide overlay district that applies to property within the Coastal Zone located along the boundary of Coastal Zone Areas A, B and C. The purpose of the Utility Prohibition Overlay District (UPO) is to maintain a stable urban rural boundary by ensuring that there will be no additional urban development outside the current western boundary of the City within the Coastal Zone, and to protect agricultural lands, environmentally sensitive habitats and wetlands while providing for concentrated urban development in the City.

(b) The regulations of the Utility Prohibition Overlay District (UPO) shall apply to all property identified in this section in addition to the regulations of the underlying zone or district with which the UPO District is overlaid. Where the regulations established in this district are in conflict with other zoning or land use plan regulations, the more restrictive and/or the most protective of coastal zone resources shall apply.

(c) Within the Utility Prohibition Overlay District (UPO), wastewater utility pipelines and potable water utility pipelines are prohibited. However, an exception can be made for one wastewater and one water line to serve a new public school on Area C provided:

(1) Caltrans will not allow such lines to be installed in the Caltrans right-of-way within the City limits;

(2) The City makes a finding that there is a one-foot non-access strip surrounding the pipelines through County land which prohibits any tie-ins to the line and which is dedicated to a nonprofit agency;

(3) The City makes a finding that any pipelines through County lands are located inland of the Santa Cruz County Utility Prohibition Overlay District adopted pursuant to the MOU required by City of Watsonville LCP Amendment 1-99;

(4) The lines through the County are found consistent with the County Local Coastal Program and have received an appealable County coastal permit; and

(5) The connecting lines within the City limits comply with all other applicable provisions of this article.

(d) The prohibitions specified within the UPO shall not restrict the repair, replacement, maintenance, refurbishment or functional improvements of existing water and sewer lines insofar as to maintain existing capacity of existing lines (or the potential addition of one new line to service the high school). In no case, however, is the physical expansion of these existing lines across the UPO allowed.

(§ 1, Ord. 1096-00 C-M, eff. October 12, 2000)