§ 312-39 Supplemental Coastal Resource Protection Impact Findings

39.1.1Minimum stream flows necessary to protect the anadromous stream population will be maintained; (Former Section CZ#A315-16(I)(1)(a))

39.1.2Environmentally sensitive habitat areas will be protected against any significant disruption of habitat values; and (Former Section CZ#A315-16(I)(1)(b))

39.1.3Channelizations, dams, or other substantial alterations of rivers and streams will incorporate the best mitigation measures feasible. (Former Section CZ#A315-16(I)(1)(c))

39.2.1For Dedication of Public Access Required by the Coastal Land Use Plan:

39.2.1.1The access way conforms with or is adequate to carry out the public access designations and development guidelines of the County’s Coastal Land Use Plan. (Former Section CZ#A315-16(I)(2)(a)(i))

39.2.2For Protection of Coastal Access ways with Substantial Evidence of Historic Public Use (except where the applicant has established that the State has disposed of any interest in the access way or that there has been a final court determination that there has been no implied dedication or prescriptive use): (Former Section CZ#A315-16(I)(2)(b))

39.2.2.1There is substantial evidence of Historic Public Use; and (Former Section CZ#A315-16(I)(2)(b)(i))

39.2.2.2The development has been sited or designed so as not to interfere with the use of such access way; or (Former Section CZ#A315-16(I)(2)(b)(ii))

39.2.2.3If it is determined:

39.2.2.3.1that use of the access way would have adverse impacts on fragile coastal resources, including but not limited to, rocky intertidal areas, seal haul-out and pupping areas, and bird rookeries; or (Former Section CZ#A315-16(I)(2)(b)(iii))

39.2.2.3.2that use of the access way will significantly aggravate existing coastal bluff erosion in a manner which cannot be mitigated; or (Former Section CZ#A315-16(I)(2)(b)(iii))

39.2.2.3.3that use of the access way is inconsistent with protection of public safety due to extraordinary hazards; and (Former Section CZ#A315- 16(I)(2)(b)(iii))

39.2.2.3.4that an equivalent access way which mitigates such adverse impacts will be provided. (Former Section CZ#A315-16(I)(2)(b)(iii))

39.3.1The project is sited and designed to be subordinate to the character of the setting. (Former Section CZ#A315-16(I)(3)(a))

39.4.1There are no significant adverse affects on habitat areas; (Former Section CZ#A315- 16(I)(4)(a))

39.4.2There is no less environmentally damaging feasible alternative; and (Former Section CZ#A315-16(I)(4)(b))

39.4.3The best mitigation measures feasible have been provided to minimize adverse environmental effects. (Former Section CZ#A315-16(I)(4)(c))

39.5.1To the maximum extent feasible, the project is sited so as not to interfere with public views to and along the ocean from public roads and recreation areas. (Former Section CZ#A315-16(I)(5)(a))

39.6.1All Development

39.6.1.1Development shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas; (Former Section CZ#A315-16(I)(6)(a)(i))

39.6.1.2There is no less environmentally damaging feasible alternative; and (Former Section CZ#A315-16(I)(6)(a)(ii))

39.6.1.3The development will not interfere with the protection of dredge spoils disposal locations designated on the Humboldt Bay Area Plan Resource Protection Maps. (Former Section CZ#A315-16(I)(6)(a)(iii))

39.6.2.1The development will, on balance, help to protect environmentally sensitive habitat areas (e.g. by providing an opportunity for property owners, on a 24 hour basis, to exclude ORV’s from their property); (Former Section CZ#A315- 16(I)(6)(b)(i))

39.6.2.2It is located as close as is practicable to existing roads and rights of ways when it is the least environmentally damaging alternative; (Former Section CZ#A315-16(I)(6)(b)(ii))

39.6.2.3Clearing around the residence is minimized; (Former Section CZ#A315- 16(I)(6)(b)(iii))

39.6.2.4An open space easement or similar easement has been offered for dedication over the undeveloped portion of the parcel. (Former Section CZ#A315- 16(I)(6)(b)(iv))

39.7.1The development will be compatible with the continuance of elk habitat areas. (Former Section CZ#A315-16(I)(7)(a))

39.8.1Natural drainage courses, including ephemeral streams, will be retained and protected from development which would impede the natural drainage pattern or have a significant adverse affect on water quality or wildlife habitat. (Former Section CZ#A315- 16(I)(8)(a))

39.9.1Alterations to natural land forms will be minimized. (Former Section CZ#A315-16(I)(9)(a))

39.10.1The development will not increase the risk of biological damage to the Area of Special Biological Significance as identified by the Water Quality Control Board, offshore rocks and the communities they support, or intertidal areas. (Former Section CZ#A315-16(I)(15))

39.11.1Alteration of natural streams and drainage will be minimized; (Former Section CZ#A315-16(I)(10)(a))

39.11.2The project is sited and designed to prevent impacts which would significantly degrade water resources. (Former Section CZ#A315-16(I)(10)(b))

39.12.1There is no less environmentally damaging feasible alternative; (Former Section CZ#A315-16(I)(11)(a))

39.12.2The best feasible mitigations are included; and (Former Section CZ#A315-16(I)(11)(b))

39.12.3The functional capacity of the wetland will be maintained. (Former Section CZ#A315- 16(I)(11)(c))

39.13.1.1There is no less environmentally damaging feasible alternative; (Former Section CZ#A315-16(I)(12)(a)(i))

39.13.1.2The plan includes the best mitigation measures feasible; and (Former Section CZ#A315-16(I)(12)(a)(ii))

39.13.1.3The vegetation removal will result in no significant adverse impacts to habitat values. (Former Section CZ#A315-16(I)(12)(a)(iii))

39.13.2.1The visual effects of the vegetation removal will be subordinate to the character of its setting. (Former Section CZ#A315-16(I)(12)(b)(i))

39.14.1.1There is no less environmentally damaging feasible alternative; (Former Section CZ#A315-16(I)(13)(a)(i))

39.14.1.2The best mitigation measures feasible have been provided to minimize adverse environmental effects; and (Former Section CZ#A315-16(I)(13)(a)(ii))

39.14.1.3The required mitigation will maintain or enhance the functional capacity of the wetland or estuary. (Former Section CZ#A315-16(I)(13)(a)(iii))

39.14.2.1The wetland to be filled is small (typically less than one acre) and isolated (i.e. not contiguous or adjacent to a larger wetland) and it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities; (Former Section CZ#A315-16(I)(13)(b)(i))

39.14.2.2Major restoration activities are not feasible; (Former Section CZ#A315- 16(I)(13)(b)(ii))

39.14.2.3The wetland does not provide significant habitat value to wetland fish and wildlife species, and is not used by any species which are rare or endangered; (Former Section CZ#A315-16(I)(13)(b)(iii))

39.14.2.4It is located within an urban limit line as designated in the land use plan; and (Former Section CZ#A315-16(I)(13)(b)(iv))

39.14.2.5Restoration of another wetland to mitigate for fill can be achieved in conjunction with filling a small wetland. (Former Section CZ#A315-16(I)(13)(b)(v))

39.15.1Development will be sited and designed to prevent impacts which would significantly degrade wetland habitat areas, and shall be compatible with the continuance of such habitat areas; and (Former Section CZ#A315-16(I)(14)(a))

39.15.2The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms shall be maintained, and where feasible, restored. (Former Section CZ#A315-16(I)(14)(b))