§ 312-7 Supplemental Application Procedures

312-7 Supplemental Application Procedures

7.1.1An initial study conference is required when processing an application for a planned unit development permit. An initial study conference is optional in processing an application for all other permits that are subject to environmental review under the California Environmental Quality Act (CEQA). (Former Section CZ#A315-7; Amended by Ord. 2214, 6/6/00)

7.1.2 Intent. The initial study conference is designed to inform an applicant of the applicable Humboldt County regulations, to inform the County of the applicant’s intentions, and to provide an opportunity to identify the issues associated with a proposed development before the applicant commits resources. (Former Section CZ#A315-7(A))

7.1.3 Timing. Upon submittal of a planned unit development permit application, or any other permit application subject to environmental review, the Department shall schedule an initial study conference. The initial study conference shall be held prior to conducting the project review of the application. (See, Section 312-6, Processing Applications for Permits and Variances, and subsection 312-6.2, Project Review.) (Former Section CZ#A315-7(B); Amended by Ord. 2214, 6/6/00)

7.1.4 Initial Study Conference Proceedings. At the initial study conference, the applicant or authorized agent shall present the project and receive comments from staff attending the conference. Representatives of the Department shall attend and, as deemed desirable and necessary, representatives from other County or other public departments, agencies, boards, or panels may be invited to attend the conference. (Former Section CZ#A315-7(C))

7.1.5 Informational Presentation to Planning Commission. The Department may schedule an informational presentation of the proposed development to the Planning Commission. The presentation shall be made by the applicant or authorized agent. No formal action shall be taken by the Planning Commission, but members of the Commission may comment on the project. (Former Section CZ#A315-7(D))

7.2.1All applications for a Coastal Development Permit proposing development located between the first public road and the sea shall be reviewed during the application check, project review, and public review, as required in this Code, to determine if the proposed development is located within an area with indications of public use. (Former Section CZ#A315-9(A))

7.2.1.1 Information Submitted by the Applicant. If the Department determines that the proposed development is located within an area with indications of public use, the applicant shall submit any information she or he may have relevant to the public access question. (Former Section CZ#A315-9(A)(1); Amended by Ord. 2214, 6/6/00)

7.2.1.2 Survey Conducted by the Department. During the project review, the Department shall conduct a survey of property owners and occupants within 300 feet of the project boundary, interested public agencies, and anyone who has previously requested notification pursuant to this Code. The purpose of the survey is to obtain evidence concerning public access on the project site. The survey shall include inquiries related to frequency of use, the year the use started, whether or not the area was posted or the user asked permission of the property owner, and if other members of the general public were observed using the access. The Department shall conduct the survey consistent with the State of California Department of Justice Attorney General Manual on implied dedication and prescriptive rights. (Former Section CZ#A315-9(A)(2); Amended by Ord. 2214, 6/6/00)

7.2.1.3 Evaluation of Evidence. Consistent with Section 312-7.2.1.4 and 312-7.2.1.5, the Department shall review all of the available evidence relevant to the public access question and present findings and recommendations to the Planning Commission. The Planning Commission shall make the actual determination as to whether there is substantial evidence of historic public use of the accessway. However, the Planning Commission may request a review of the evidence by an attorney, selected by the Board of Supervisors, qualified to receive and evaluate evidence relevant to the public access question and make appropriate findings and recommendations to the Planning Commission. The Planning Commission shall consider the findings and recommendations prior to making a determination. (Former Section CZ#A315-9(A)(3); Amended by Ord. 2214, 6/6/00)

7.2.1.4Substantial Evidence Determination of Historic Public Use Substantial evidence that the area used by the public has been impliedly dedicated shall be determined based on evidence of all of the following:

7.2.1.4.1The public must have used the land for a period of five years or more as if it were public land;

7.2.1.4.2Without asking for a receiving permission from the owner;

7.2.1.4.3With the actual or presumed knowledge of the owner;

7.2.1.4.4Without significant objection or bona fide attempts by the owner to prevent or halt the use, and;

7.2.1.4.5The use must be substantial, rather than minimal, and;

7.2.1.4.6The applicant must not have demonstrated that the law has prevented the property from being impliedly dedicated.

7.2.1.5 Findings. Where an issue as to the existence of public prescriptive rights has been raised during the course of reviewing a Coastal Development Permit application, one of the following findings shall be made:

7.2.1.5.1Substantial evidence does not warrant the conclusion that public prescriptive rights exist;

7.2.1.5.2Substantial evidence of public prescriptive rights exist, but development will not interfere with those rights;

7.2.1.5.3There is an unresolved controversy as to the existence of public prescriptive rights which requires denial of a Coastal Development Permit because of interference with those rights;

7.2.1.5.4There is an unresolved controversy as to the existence of public prescriptive rights, but the applicant’s dedication of a public access protects the rights of the public and is equivalent in time, place and manner to any prescriptive rights which may exist.

7.2.1.6 Siting and Design Requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may have been established based on substantial evidence of historic public use. Only when site constraints are so severe that siting of the access way or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required.

7.2.1.7 Minimum Requirements. In permits where evidence shows the possibility of such prescriptive rights, the following language shall be added as a condition;

“Nothing in this permit shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement;”

7.2.1.8 Appeals of the Planning Commission’s Determination. The determination of the Planning Commission that substantial evidence does or does not exist may be appealed to the Board of Supervisors pursuant to Section 312-13, Appeal Procedures. (Former Section CZ#A315-9(A)(4))

7.3.1An application for development which requires a report or waiver prepared pursuant to the Alquist-Priolo Fault Hazard Regulations in this Code, shall not be accepted as complete unless and until there are: (Former Section CZ#A315-9(B)(1-2))

7.3.1.1A fully executed agreement between a geologist registered in the State of California and the County to either review the report required or to prepare a request for waiver; and,

7.3.1.2A fully executed agreement between the County and the applicant to reimburse the County for the costs incurred pursuant to the agreement specified in subparagraph 2.8.3.1.1.

7.3.2Within thirty (30) calendar days of receiving a complete application for development located within an Alquist-Priolo special study area, the County shall cause a geologist registered in the State of California (hereinafter called County reviewing geologist) to review the geologic report required in this Code. The review shall assess the adequacy of the documentation contained in the report, and the appropriateness of the depth of study conducted in consideration of the use proposed for the project site. The County reviewing geologist shall prepare a written review which either concurs or does not concur with the scope, methodology, interpretations, conclusions, and recommendations of the geologic report. Said review shall be subject to comment and revision as may be deemed necessary by the County. (Former Section CZ#A315-9(B); Amended by Ord. 2214, 6/6/00)

7.3.3Within thirty (30) calendar days after acceptance of the geologic report, the County shall forward it to the State Geologist to be placed on open file. (Former Section CZ#A315- 9(B); Amended by Ord. 2214, 6/6/00)

7.4.1 Purpose. The purpose of these procedures is to provide regulations for the development, content, review, and approval of a wetland restoration plan in conjunction with required Coastal Development Permits. (Former Section CZ#A315-9(C)(1))

7.4.2 Applicability. These procedures shall apply to all wetland restoration which is required by the regulations of this Division. (Former Section CZ#A315-9(C)(2))

7.4.3 Submittal of Tentative Restoration Plan. Whenever wetland restoration is required by this Division, fifteen (15) copies of a Tentative Wetland Restoration Plan shall be submitted to the Department along with the required permit application, and shall be accompanied by a fee established by the Board of Supervisors. The Department shall not accept the tentative restoration plan for review if it does not comply with the form, information, analysis, and other requirements for the content of a tentative restoration plan. (Former Section CZ#A315-9(C)(3))

7.4.4 Tentative Restoration Plan Content. The restoration plan shall include a detailed description that includes provisions for restoration to at least the minimum required standards and permanent protection of the restoration area. The restoration plan shall also include a description of how the functional capacity of the wetland or estuary will be maintained or enhanced. At a minimum, the restoration plan shall include; (Former Section CZ#A315-9(C)(4))

7.4.4.1 Resource Inventory and Wetland Impact Analysis. A complete inventory and assessment of plant, fish, and wildlife habitat values which would be affected by the dredging, diking or filling, including: (Former Section CZ#A315-9(C)(4)(a)(i-iv))

7.4.4.1.1Any changes in plant and animal natural species diversity, abundance, and composition and an assessment of how, if at all, these affect the long-term stability of the ecosystem (i.e., natural species, diversity, abundance and composition are generally unchanged as a result of the project);

7.4.4.1.2Any impacts to rare or endangered species or their habitat;

7.4.4.1.3Any impacts to a species or habitat essential to the natural biological functioning of the wetland or the estuary ecosystem; and,

7.4.4.1.4Any significant reduction to consumptive values such as fishing, hunting, claming, or non-consumptive values such as water quality and research opportunity, values of the wetland or estuarine ecosystem.

7.4.4.2 Restoration and Management Objective Statement. (Former Section CZ#A315- 9(C)(4)(b)(i-ii))

7.4.4.2.1A clear statement of the habitat restoration and management proposed, including their ability to compensate for the habitat damage described in the Resource Inventory and Wetland Impact Analysis in conformance with the required standards; and

7.4.4.2.2Development of specific biological criteria for restoration site and design.

7.4.4.3 Restoration Alternatives. (Former Section CZ#A315-9(C)(4)(c)(i-iv))

7.4.4.3.1A preliminary analysis of alternative restoration sites and designs for restoration which satisfy both the biological objectives as well as the applicable hydrologic, soils, and other engineering criteria;

7.4.4.3.2A ranking of those restoration alternatives based upon the biological engineering feasibility and cost assessment;

7.4.4.3.3A recommended restoration site and project design, including map(s) at no greater than 1" = 200' (one inch is equal to 200 feet) scale; and

7.4.4.3.4A preliminary proposal for the long term management of the preferred restoration alternative.

7.4.4.4 Tentative Restoration Schedule. At a minimum, restoration shall occur simultaneously with project construction and be completed prior to commencement of operation of the proposed project. (Former Section CZ#A315- 9(C)(4)(d))

7.4.5 Tentative Restoration Plan Development and Coordination with Affected Public Agencies. The applicant shall coordinate the development of the Tentative Restoration Plan with affected local, state, and federal agencies. The Department shall aid the applicant in identifying the affected agencies and in providing County wetland policies and standards. (Former Section CZ#A315-9(C)(5))

7.4.6 Review of Tentative Restoration Plan. The County shall review the Tentative Restoration Plan in conjunction with the required Coastal Development Permit and with the permit application procedures which begin at Section 312-5, Filing Applications for Permits and Variances. (Former Section CZ#A315-9(C)(6))

7.4.7 Content of Required Final Restoration Plan. A Final Restoration Plan shall be prepared by the applicant based on the Hearing Officer’s approved or conditionally approved tentative restoration plan. In addition, the final plan shall include all of the following: (Former Section CZ#A315-9(C)(7)(a-c))

7.4.7.1A complete statement of the restoration objectives.

7.4.7.2A complete description of the restoration site including a map of the project site, at a mapping scale no smaller than 1" = 200' (one-inch is equal to 200 feet).

7.4.7.3A complete restoration description including scaled, detailed diagrams, and including:

7.4.7.3.1A grading plan depicting any alterations to topography, natural land forms, and drainage channels and areas where existing fill and debris will be removed;

7.4.7.3.2A vegetation plan including a list of plant species to be eliminated and a list of plant species to be introduced on the restoration site, and describing the methods and proposing a schedule for eliminating and establishing vegetation;

7.4.7.3.3A clear statement of when restoration work will commence and be completed;

7.4.7.3.4Provisions of public access, where appropriate, for public recreation, scientific, and educational use; and

7.4.7.3.5Other measures necessary to achieve restoration objectives and to protect the restoration site from adverse impacts of adjacent development and use.

7.4.7.3.6Provisions for mosquito and vector control.

7.4.7.4 Provisions for Long-Term Management of the Restoration Site. The final plan shall describe the applicant’s responsibilities in assuring that the project will be successful, include monitoring and evaluation, and that the restored area is maintained consistent with the plan’s restoration objectives. The Plan shall include provisions for making repairs or modifications to the restoration site necessary to meet the project objectives. The final plan shall provide either that the restoration site shall be owned in fee by an agency or non-profit organization having among its principal purposes the conservation and management of fish and wildlife, or other habitat resources, or shall provide for dedication of an open space or conservation easement over the restoration area to such an agency or organization. (Former Section CZ#A315-9(C)(7)(d))

7.4.8.1Following staff review of the final restoration plan for conformance with the approved or conditionally approved Tentative Restoration Plan, the Director shall determine if the Final Restoration Plan is in substantial conformance with the approved tentative plan. (Former Section CZ#A315-9(C)(8)(a))

7.4.8.2Notice of Final Restoration Plan submittal shall be in accordance with the requirements of Section 312-8, Public Notice Procedures. (Former Section CZ#A315-9(C)(8)(b))

7.4.8.3The Director’s determination that the Final Restoration Plan is in substantial conformance with the approved tentative plan may be appealed pursuant to Section 312-13, Appeal Procedures. (Former Section CZ#A315-9(C)(8)(c))

7.5.1Upon referral of an application for a permit or variance to a County department or to a Design Review Committee, the department or Design Review Committee receiving the referral shall participate in processing the application in the following manner: (Former Section CZ#A315-8)

7.5.1.1 Application Check. The County department or Design Review Committee receiving the referral shall review the application based on the department’s area of expertise or the Design Review Committee’s authority, and prepare a written report describing any information that should be submitted to complete the application. The department shall submit the report to the Community Development Services Department within ten (10) working days of receiving the initial referral. (Former Section CZ#A315-8(A); Amended by Ord. 2214, 6/6/00)

7.5.1.2.1Upon receipt of a copy of the completed application, the department or Design Review Committee receiving the application shall review the application, and prepare recommendations that address the findings in Section 312-17, Required Findings. (Former Section CZ#A315-8(B); Amended by Ord. 2214, 6/6/00)

7.5.1.2.2The department or Design Review Committee shall submit their written comments and recommendations to the Community Development Services Department within ten (10) working days of receiving a complete application. (Former Section CZ#A315-8(B); Amended by Ord. 2214, 6/6/00)

7.5.1.3 Public Review. County departments and Design Review Committees submitting written comments and recommendations shall respond, in writing, to any questions regarding their comments and recommendations that are received by the Community Development Services Department prior to a scheduled public hearing. If the County department or Design Review Committee cannot prepare a written response prior to the scheduled hearing, the Community Development Services Department may request that the hearing be continued so that a response may be prepared, and shall submit an estimate of when a written response can be submitted to the Community Development Services Department. (Former Section CZ#A315-8(C); Amended by Ord. 2214, 6/6/00)

7.5.1.4 Agency Attendance at Hearings. The Community Development Services Department or Hearing Officer, may request that a representative from any specified County department attend a scheduled public hearing and be prepared to answer questions regarding their written comments and recommendations. (Former Section CZ#A315-8(D); Amended by Ord. 2214, 6/6/00)

7.5.1.5 Agency Conditions. Any conditions that were imposed in response to a recommendation from a County department shall be satisfied as required by the recommending department. Upon satisfaction of the condition, the responsible department shall certify to the Community Development Services Department that the condition has been satisfied. (Former Section CZ#A315-8(E); Amended by Ord. 2214, 6/6/00)