19.86.005 Additional diking, dredging or filling of wetland areas.
Diking, dredging, or filling of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this title, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following:
A. New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities.
B. Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.
C. In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.
D. Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.
E. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.
F. Restoration purposes.
G. Nature study, aquaculture, or similar resource dependent activities.
Open space preservation in perpetuity of sensitive resource areas will also be required pursuant to an appropriate mechanism.
Buffers within the local coastal plan area have been designed to accommodate potential areas of future sea level rise inundation and are identified on Exhibit 12a of the certified LUP. The existing plan also provides for an adequate amount of habitat migration within the identified buffer areas based on a projected sea level rise.
In cases where buffers have not yet been established, a buffer of at least 100 feet in width from the upland edge of wetlands and at least 50 feet in width from the upland edge of riparian habitat shall be established. Buffers should take into account and adapt for rises in sea level by incorporating wetland migration areas or other sea level rise adaptation strategies as appropriate. The CDFG and USFWS must be consulted in such buffer determinations and, in some cases, the required buffer, especially for salt marsh wetlands, could be greater than 100 feet. Uses and development within buffer areas shall be limited to minor passive recreational uses, with fencing, desiltation or erosion control facilities, or other improvements deemed necessary to protect the habitat, to be located in the upper (upland) half of the buffer area; however, water quality features required to support new development shall not be constructed in wetland buffers. All wetlands and buffers identified and resulting from development and use approval shall be permanently conserved or protected through the recordation of an open space easement or other suitable device that perpetually prohibits development in wetlands and wetland buffer areas. Such devices shall include attached exhibits that consist of a legal description of the subject parcel upon which development has been approved and a graphic depiction of the easement, or otherwise restricted, area. All development activities, such as grading, buildings and other improvements, in, adjacent to, or draining directly to a wetland must be located and built so they do not contribute to increased sediment loading of the wetland, disturbance of its habitat values, or impairment of its functional capacity.
In some unusual cases, smaller buffers may be appropriate, when conditions of the site as demonstrated in a site specific biological survey, the nature of the proposed development, etc., show that a smaller buffer would provide adequate protection. In such cases, the CDFG must be consulted and agree, in writing, that a reduced buffer is appropriate and the City, or Commission on appeal, must find that the development could not be feasibly constructed without a reduced buffer. However, in no case shall the buffer be less than 50 feet. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2626 § 3, 1995; Ord. 2556, 1993; Ord. 2546, 1993; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985. Formerly 19.86.006).