61.05 SAFE PARKING AND SAFE SHELTER PILOT PROGRAM
61.05.1 Purpose and Duration. The purpose of these regulations is to facilitate development of a pilot program to provide safe, temporary shelter sites that accommodate vehicles, tents, or other approved structures for people who are experiencing homelessness while they seek permanent housing. Participation in the program is not conditioned on accepting the services offered. This section and all zoning clearance certificates issued pursuant to this section shall expire and be automatically repealed eighteen (18) months from the effective date unless the term of this section and specified zoning clearance certificates are extended by the Board of Supervisors.
This section places a limit on the number of safe parking and safe shelter sites at ten (10) sites.
61.05.2 Applicability. The safe parking and safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Safe parking and safe shelter programs that meet all of the following requirements are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts with a zoning clearance certificate. Safe parking and safe shelter programs on the site of a church in other zones may be permitted with a use permit, except that church sites on TPZ or prime agricultural land are not eligible. Safe parking and safe shelter may be located on AG parcels located within one (1) mile of services needed for sustainable living.
61.05.3 Site Requirements. Safe parking and safe shelter sites:
61.05.3.1May accommodate up to twenty (20) vehicles, tents, sleeping cabins, or other units that meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards. Exception: A site operated under the village model management plan (defined in Section 314-61.05.6.3) is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet the standards above.
61.05.3.2Must be located on a road or have a driveway that is accessible for emergency vehicles, trash pickup, and portable restroom service.
61.05.3.3Must have drainage so there is no standing water in the areas used for sleeping.
61.05.3.4Must be located at least three hundred (300) feet from another safe parking or safe shelter site.
61.05.3.5If the site is an existing parking lot, no more than one-half (1/2) of the parking spaces may be occupied by vehicles, tents, or shelter units.
61.05.3.6At the time of issuance of a zoning clearance certificate, the proposed site may not be occupied by unauthorized homeless individuals, vehicles or shelters, and properties in the abatement process are not eligible.
61.05.3.7All safe parking/safe shelter zoning clearance certificates or special permits on the anniversary date of such issuance will be subject to an annual inspection by the County to verify compliance with this section and all terms of the approved management plan.
Exceptions to Sections 314-61.05.3.1 through 314-61.05.3.5 may be allowed subject to a special permit in accordance with Section 312-5 et seq. with a finding that the exception poses no additional risk to the health and safety of the occupants.
61.05.4 Vehicle and Shelter Types.
61.05.4.1 Safe Parking Sites.
61.05.4.1.1The type of vehicle and number of each vehicle type, if applicable, must be specified in the management plan and may include cars, vans, recreational vehicles (“RVs”) or a combination of these.
61.05.4.1.2All vehicles parked overnight must be operable so they can be moved off the site under their own power.
61.05.4.1.3A minimum of six (6) feet clearance must be maintained between vehicles.
61.05.4.2 Safe Shelter Sites.
61.05.4.2.1Tents, sleeping cabins, or other shelters are allowed as individual units if they meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing.
61.05.4.2.2A minimum of six (6) feet clearance must be maintained between tents or units.
61.05.4.2.3Each tent or unit must have an exit that leads directly to the outdoors/evacuation route.
61.05.4.2.4Sleeping cabins must have light and ventilation.
61.05.5 Operating Standards.
61.05.5.1Vehicles, tents or shelter units must be at least five (5) feet from any property line.
61.05.5.2Outdoor lighting must be shielded and focused away from adjoining properties.
61.05.5.3Prior to occupancy of the site, the provider must submit, along with its management plan, a department approval letter from the Division of Environmental Health verifying that the site is served by an acceptable means of sewage disposal able to accommodate the anticipated wastewater demand.
61.05.5.4If the site allows recreational vehicles, no disposal of sewage from recreational vehicles is permitted at the site, unless the provider documents that the North Coast Regional Water Quality Control Board has approved the sewage disposal system for that use and details of the sewage disposal system are included in its management plan.
61.05.5.5If the site allows recreational vehicles, no disposal of graywater or blackwater from recreational vehicles is permitted at the site, unless the provider shows documentation for legal disposal in its management plan.
61.05.5.6Hours of operation are limited to overnight hours as specified in the provider’s management plan.
61.05.5.6.1 Exception. A program that qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify twenty-four (24) hour operation in the provider’s management plan if it provides appropriate staffing. Low barrier navigation center programs include all the following components:
61.05.5.6.1.1The program offers services to connect people to permanent housing through a services plan that identifies services staffing.
61.05.5.6.1.2The program is linked to a coordinated entry system, so that staff may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system designed to coordinate program participant intake, assessment, and referrals as described in Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements.
61.05.5.6.1.3The program complies with Housing First as set forth in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
61.05.5.6.1.4The program has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System (HMIS) as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
61.05.5.6.1.5A site that operates as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify a length of stay longer than six (6) months, as set forth in the provider’s management plan, defined in Section 314-61.05.6.3.
61.05.5.6.2 Exception. A program operated under the village model management plan described below may choose to provide twenty-four/seven (24/7) service if it is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet California emergency housing standards, and at least two (2) employees or volunteer staff remain on site at all times, as set forth in the provider’s management plan.
61.05.5.7The operator must provide monthly reports to the Planning and Building Department and Department of Health and Human Services identifying the number of people present each night during the month, the use and maintenance of temporary restroom facilities, and any operational concerns. Pictures of the site must be included with the monthly report showing the condition of the site.
61.05.5.8Within thirty (30) days of the end of the use, all elements associated with the temporary use must be removed.
61.05.6 Safe Parking/Safe Shelter Provider.
61.05.6.1A safe parking or safe shelter program must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization, or a party contracted by the above (“provider”). A provider monitors compliance with its written management plan and notifies emergency services in the event of an emergency.
61.05.6.2The provider must provide for, or provide access to, all of the following:
61.05.6.2.1Sanitary facilities, including toilet and handwashing;
61.05.6.2.2Shower facilities or access to showers;
61.05.6.2.3Facilities accessible to persons with disabilities (twenty percent (20%) of spaces or units, including sanitary facilities);
61.05.6.2.4Garbage containers and trash disposal services; and
61.05.6.2.5Secure storage facilities for personal items, but storage of such items must not create a fire-life-safety hazard.
61.05.6.3The provider must have an approved management plan prior to opening its facility for use. The provider may use one of three (3) preapproved model safe parking/safe shelter plans, available on file with the Planning and Building Department: (1) a minimal requirements model designed for overnight programs, (2) a village model with fewer spaces, participants as staff, and capability for twenty-four (24) hour operation, or (3) a service-intensive low barrier model. The plans describe the services provided including all of the following:
61.05.6.3.1Hours of operation;
61.05.6.3.2Number of parking spaces or tent/shelter units;
61.05.6.3.3The services and amenities to be provided;
61.05.6.3.5Neighborhood outreach program;
61.05.6.3.6Rules governing participant intake and selection, a written participant agreement, and procedures for periodic reviews, extensions, and removals;
61.05.6.3.7A security plan ensuring adequate health and safety of management and visitors on site, and a process to avoid potential nuisances near the site. The provider must demonstrate that local emergency services, including the Sheriff's Office, the local Fire Department and the appropriate ambulance operators have been notified of the shelter’s operation.
Programs that accommodate tents, cabins, or other non-vehicle shelter types must submit Appendix A, detailing plans to comply with the emergency housing building code.
61.05.6.4A provider may amend voluntary provisions of its management plan by filing an update with the Planning Department, posting the changes as provided in the plan, and notifying neighbors as part of its neighborhood outreach plan.
61.05.6.5Providers operating safe parking/safe shelter facilities must annually track and report to the County by September 30th of each year the following details of the use of their facility:
61.05.6.5.1Number of persons served by month;
61.05.6.5.2Number of persons served whose residence was or is a vehicle;
61.05.6.5.3Number of persons served who are no longer in need of a homeless shelter;
61.05.6.5.4Number of persons who have moved into permanent supportive housing;
61.05.6.5.5Average percent occupancy of safe parking and safe shelter sites.
61.05.7 Zoning Clearance Certificate Revocation.
61.05.7.1 Grounds for Revocation. The Director may initiate proceedings to revoke the zoning clearance certificate for a safe parking/safe shelter site granted under this section if the Director has substantial evidence that:
61.05.7.1.1The facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s);
61.05.7.1.2The facility failed to comply with objective standards in this section;
61.05.7.1.3The facility failed to comply with its management plan in a way that poses harm to the health and safety of its participants or the community; or
61.05.7.1.4Activities at the facility constitute a nuisance as defined in Section 351-3.
61.05.7.2 Notice. Before the Director may initiate a public hearing to revoke any zoning clearance certificate for a safe parking/safe shelter site, the Director must issue a written notice to the provider that specifies (A) the facility; (B) the violation(s) to be corrected; (C) the time frame in which the provider must correct such violation(s); and (D) that, in addition to all other rights and remedies the County may pursue, the County may initiate revocation proceedings for failure to correct such violation(s) in the specified time frame.
61.05.7.3 Hearing. A zoning clearance certificate granted under this section may be revoked pursuant to Section 314-61.05.7.1 only by the Board of Supervisors after a duly noticed public hearing.
61.05.7.4 No Appeals. Any decision by the Board of Supervisors to revoke or not revoke a zoning clearance certificate is final and not subject to further appeals. Within five (5) business days after the Board of Supervisors adopts a resolution to revoke the zoning clearance certificate, the Director will provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
61.1 STREAMSIDE MANAGEMENT AREAS AND WETLANDS ORDINANCE
61.1.1 Short Title. This section shall be known and cited as the “Streamside Management Areas and Wetlands Ordinance of the County of Humboldt” (SMAWO). In any administrative action taken by any public official under the authority of this code, the use of the term “Streamside Management Areas and Wetlands Ordinance” or “SMAWO,” unless further modified, shall also refer to and mean this section.
61.1.2 Purpose. The purpose of this section is to provide minimum standards pertaining to the use and development of land located within Streamside Management Areas (SMAs), wetlands and other wet areas such as: natural ponds, springs, vernal pools, marshes, and wet meadows.
The purpose of establishing the standards is to:
•Create a Streamside Management Areas and Wetlands ordinance within the zoning regulations of the County of Humboldt pursuant to the mandates of state law.
•Implement portions of the County’s General Plan policies and standards pertaining to open space, conservation, housing, water resources, biological resources, and public facilities.
61.1.3 Relationship to Other Regulations. These regulations shall be in addition to regulations imposed by the principal zone, combining zone, development regulations, and other open space or resource protection regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most protective of natural resources shall apply.
61.1.4 Scope of Application. This section shall be applicable to all development within or affecting SMAs, wetlands or other wet areas within the unincorporated areas of the County and outside the Coastal Zone.
The provisions of this section shall be applicable to all development permits issued by the County pursuant to:
(1) Division 1, Planning, of Title III, Land Use and Development.
(2) Division 2, Subdivision Regulations, of Title III, Land Use and Development.
(3) Division 3, Building Regulations, Title III, Land Use and Development.
(4) Division 1, Protection and Control of County Roads and Permits, Title IV, Streets and Highways.
These regulations shall not apply to:
188.8.131.52Routine maintenance activities associated with existing public or private facilities, defined as “activities to support, keep and continue in an existing state or condition without decline.” Routine activities include the replacement of culverts and related structures when conducted pursuant to a Department of Fish and Wildlife Lake or Streambed Alteration Agreement (LSAA).
For the purpose of these regulations, routine maintenance activities do not include:
•Removal of trees with a diameter of twelve (12) inches or greater (thirty-eight (38) inch circumference), or
•Removal of trees from within a contiguous or noncontiguous area of more than six thousand (6,000) square feet as measured under the tree canopy, or
•Activities that could result in significant environmental impacts where the removal will:
–Be located within a streamside management area, wetland or other wet area as defined in County regulations, or
–Occur on slopes greater than fifteen percent (15%), or
–Will expose more than two thousand (2,000) square feet of soil to erosion.
A site evaluation shall be made where necessary to determine if a project meets the exemption standards of these regulations or if the proposed development requires a special permit.
184.108.40.206Grading and construction activities associated with on-site wells and sewage disposal systems for single-family dwellings which have received all required County and State permits; or
220.127.116.11Any project where a complete application for grading or construction was accepted by the Planning and Building Department prior to April 25, 1995; or
18.104.22.168To any construction or grading on property which was subdivided and subject to discretionary and environmental review by the County after the effective date of the 1984 General Plan, January 2, 1985, and any subsequent and applicable Community Plans, if the responsible department has determined that all conditions of approval and specific mitigation requirements have been fully met; or
22.214.171.124Development activities proposed and carried out under the provisions of the Division 9, Mining Operations, of Title III, Land Use and Development.
126.96.36.199Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act. Activities which are not exempt from the local regulation pursuant to Public Resources Code Section 4516.5(f) are subject to these regulations. Permits are required for private roads within timber harvest areas where the proposed improvements are in excess of the minimum road standards required by the California Department of Forestry for timber harvesting activities.
The exemptions contained in Section 331-14(d)(2), Grading, Excavation, Erosion and Sedimentation Control, do not apply in SMAs, wetlands or other wet areas.
61.1.5 Permit Required and Processing. All development as defined in the General Plan within or affecting SMAs, wetlands or other wet areas not exempted under Section 314-61.1.4 shall require a permit pursuant to an application for development within SMAs, wetlands or other wet areas and processed as a special permit pursuant to the Humboldt County Zoning Regulations (Section 312-3.1.1 et seq.).
For those activities subject to these regulations and conducted by the County Department of Public Works, the Director of the Department (of Public Works) shall be responsible for the environmental review and public notice requirement, be empowered to approve and issue a special permit following the making of findings, be empowered to meet with and work out solutions with impacted parties, and be required to provide notice and staff support to the Planning Commission when a hearing is requested. The impacted parties shall have a mandatory meeting with the Department of Public Works in an attempt to work out any issues before a hearing is requested or an appeal to the Planning Commission is filed.
61.1.6 Findings of Exception – Written Report. Where there is disputed evidence, or controversy, regarding a finding of exception, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which a finding of exemption is made. Copies of the report shall be sent to CDFW or any person or group requesting such report in writing. Any person dissatisfied with the finding of exemption may request a formal review pursuant to Section 314-61.1.8.
61.1.7 Definitions. Whenever the words listed below are used in the Zoning Regulations or other regulations related to the Streamside Management Areas and Wetlands Ordinance, they shall have the following meaning:
188.8.131.52“Grading” means all grading, filling, land contouring, clearing and grubbing, drainage activities, site preparation, and road building.
184.108.40.206“CDFW” means the California Department of Fish and Wildlife.
220.127.116.11“Construction” means the erection or construction of, or addition to, any building or structure but shall not include the structural alteration, repair, remodeling, or demolition and reconstruction of and additions to any building or structure where the work would not increase the “footprint” of the building or structure. “Construction” does not include “minor additions” as defined in this section.
18.104.22.168“Minor additions” means an exception to these standards for additions to buildings or structures existing on April 25, 1995, of up to five hundred (500) square feet of floor area. From this date forward, any number of individual additions to an existing building or structure may be permitted provided the aggregated total increase in square footage for all changes does not exceed five hundred (500) square feet of floor area. A “minor addition” is not “construction” as defined in these standards. Note: Physical additions to a building or structure where a condition or a prior discretionary permit or subdivision approval indicated that any future additions would be prohibited are not minor additions as defined in these Implementation Standards.
22.214.171.124“Project” means any “grading” or “construction” activities subject to the provisions of these standards.
126.96.36.199“Streamside management areas” (SMAs) [Policy BR-S5. Streamside management areas defined of the 2017 General Plan] shall be as defined in the Humboldt County General Plan Section 10.3, Biological Resources, of Chapter 10, Conservation and Open Space Elements of the Humboldt County General Plan and includes, a natural resource area along both sides of streams containing the channel and adjacent land. SMAs do not include watercourses consisting entirely of a manmade drainage ditch, or other manmade drainage device, construction, or system. Streamside management areas (SMA) are identified and modified as follows:
188.8.131.52.1Areas specifically mapped as SMA and Wetland (WR) Combining Zones, subject to verification and adjustment pursuant to site-specific biological reporting and review procedures.
184.108.40.206.2For areas along streams not specifically mapped as SMA and Wetland (WR) Combining Zones, the outer boundaries of the SMA shall be defined as:
220.127.116.11.2.1One hundred (100) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of perennial streams.
18.104.22.168.2.2Fifty (50) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of intermittent streams.
Where necessary, as determined by the responsible department, the width of SMAs shall be expanded to include significant areas of riparian vegetation adjacent to the buffer area, slides and areas with visible evidence of slope instability, not to exceed two hundred (200) feet measured as a horizontal distance from the top of bank as necessary to include slides, or areas with visible evidence of slope instability.
22.214.171.124.3The streamside management area may be reduced or eliminated where the County determines, based on specific factual findings, that:
126.96.36.199.3.1The mapping of the SMA is not accurate, there are no in-channel wetland characteristics or off-channel riparian vegetation, or the reduction will not significantly affect the biological resources of the SMA on the property.
188.8.131.52.3.2For projects subject to ministerial review, reductions may be allowed without a special permit in consultation with California Department of Fish and Wildlife.
When the prescribed buffer would prohibit development of the site for the principal use for which it is designated, measures shall be applied that result in the least environmentally damaging feasible project.
Such determinations require a special permit pursuant to Section 312-3.1.1 et seq.
184.108.40.206.4“Other wet areas,” i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
220.127.116.11.5“Wetlands” – as defined in the U.S. Army Corps of Engineers Wetland Delineation Manual in the identification and classification of wetlands which considers wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
18.104.22.168.6Development standards for wetlands shall be consistent with the standards for streamside management areas, as applicable except that the widths of the SMA for wetlands are as follows:
•Seasonal wetlands = fifty (50) feet;
•Perennial wetlands = one hundred fifty (150) feet;
and the setback begins at the edge of the delineated wetland. Buffers may be reduced based on site-specific information and consultation with the California Department of Fish and Wildlife. No buffer shall be required for manmade wetlands except wetlands created for mitigation purposes.
61.1.8 Administration and Enforcement. The regulations of this section are to be administered and enforced by the respective administrative or enforcement official designated by the code for each section cited in Section 314-61.1.4 and hereinafter referred to as “responsible department.” In case of disagreement in the application of the regulations, the Director of the Planning and Building Department shall decide, subject to appeal to the Board of Supervisors pursuant to Section 312-13.
61.1.9 Development Allowed.
22.214.171.124Development within stream channels is limited to the following projects:
126.96.36.199.1Fishery, wildlife, and aquaculture enhancement and restoration projects.
188.8.131.52.2Road crossings consistent with subsection 61.1.10 of this section.
184.108.40.206.3Flood control and drainage channels, levees, dikes and floodgates.
220.127.116.11.4Mineral extraction consistent with other County regulations.
18.104.22.168.5Small-scale hydroelectric power plants in compliance with applicable County regulations and those of other agencies.
22.214.171.124.6Wells and spring boxes, and agricultural diversions.
126.96.36.199.7New fencing, so long as it would not impede the natural drainage or wildlife movement and would not adversely affect the stream environment or wildlife.
188.8.131.52.8Bank protection, provided it is the least environmentally damaging alternative.
184.108.40.206.9Other essential public projects, including municipal groundwater pumping stations, provided they are the least environmentally damaging alternative, or necessary for the protection of the public’s health and safety.
220.127.116.11.10Improvements to nonconforming uses and structures when consistent with Sections 314-131 through 314-132 and these regulations.
18.104.22.168Development within streamside management areas shall be limited to the following:
22.214.171.124.1Development permitted within stream channels.
126.96.36.199.2Timber management and harvests activities under a timber harvesting plan or nonindustrial timber management plan, or activities exempt from local regulation as per California Public Resources Code Section 4516.5(d) as well as noncommercial cutting of firewood and clearing for pasturage, provided:
188.8.131.52.2.1Cottonwoods are retained.
184.108.40.206.2.2Remaining willows and alders, as well as other unmerchantable hardwoods or shrubs, are to be protected from unreasonable damage.
220.127.116.11.3Road and bridge replacement or construction, where the length of the road within the SMA shall be minimized, and when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
18.104.22.168.4Removal of vegetation for disease control or public safety purposes.
22.214.171.124.5Normal and usual agricultural and surface mining practices and uses which are principally permitted within the SMA shall not be considered development for the purposes of this standard.
126.96.36.199 Bank Protection.
188.8.131.52.1Protection measures for County river and stream banks may be permitted for the following purposes:
184.108.40.206.1.1Maintenance, replacement, or construction of necessary public or private roads;
220.127.116.11.1.2Maintenance, replacement, or construction of levees and dikes;
18.104.22.168.1.3Protection of principal structures in danger due to erosion;
22.214.171.124.1.4Protection of lands zoned AE, Agricultural Exclusive, from erosion.
126.96.36.199.2The bank protection measures which may be permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest ranking protection measure wherever feasible. The preference ranking for permitted protection measures shall be as follows:
(2)Rock hard points;
61.1.10 Mitigation Measures.
188.8.131.52Mitigation measures for development within streamside management areas shall, at a minimum, include:
184.108.40.206.1Retaining snags unless felling is required by CAL-OSHA, or by California Department of Forestry forest and fire protection regulations, or for public health and safety reasons, approved by the Planning and Building Director. Felled snags shall be left on the ground if consistent with fire protection regulations and the required treatment of slash or fuels.
220.127.116.11.2Retain live trees with visible evidence of current or historical use as nesting sites by hawks, owls, eagles, osprey, herons, kites or egrets.
18.104.22.168.3Replanting of disturbed areas with riparian vegetation (including such species as alders, cottonwoods, willows, sitka spruce, etc.) shall be required unless natural regeneration does not occur within two (2) years of the completion of the development project. The mitigation and monitoring report adopted as a part of project approval shall include an alternative regeneration plan in case natural regeneration is not successful.
22.214.171.124.4Revegetation along channelized streams and other wet areas shall be required where the habitat has been converted to other uses. For development allowed within streamside management or other wet areas where the riparian habitat has been converted to other uses, the project shall be conditioned to require the development of new riparian or wetland habitat of an area equal to the area in which the development is to occur, or the area of an existing or proposed easement or right-of-way, whichever is larger.
126.96.36.199.5 Erosion Control Measures. As found within the Building Regulations, Section 331-14, Grading, Excavating, Erosion, and Sedimentation Control, and the following:
188.8.131.52.5.1During construction, land clearing and vegetation removal will be minimized, following the provisions of the Water Resources Element and the standards listed here;
184.108.40.206.5.2Construction sites with at least one hundred (100) square feet of exposed soil will be planted or seeded as appropriate per mitigations as recommended in writing by the lead agency with native or noninvasive vegetation and mulched with natural or chemical stabilizers to aid in erosion control and ensure revegetation;
220.127.116.11.5.3Long slopes will be minimized to increase infiltration and reduce water velocities down cut slopes by such techniques as soil roughing, serrated cuts, selective grading, shaping, benching, and berm construction.
18.104.22.168.6Concentrated runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
22.214.171.124.7Runoff shall be controlled to prevent erosion by on-site or off-site methods. On-site methods include, but are not limited to, the use of infiltration basins, percolation pits, or trenches. On-site methods are not suitable where high groundwater or slope stability problems would inhibit or be aggravated by on-site retention or where retention will provide no benefits for groundwater recharge or erosion control. Off-site methods include detention or dispersal of runoff over nonerodible vegetated surfaces where it would not contribute to downstream erosion or flooding.
126.96.36.199.8Disposal of silt, organic, and earthen material from sediment basins and excess material from construction will be disposed of out of the streamside management area to comply with California Department of Fish and Wildlife and the North Coast Regional Water Quality Control Board requirements.
188.8.131.52.9Winter operations (generally October 15th through April 15th) shall employ the following special considerations:
(1)Slopes will be temporarily stabilized by stage seeding and/or planting of fast germinating seeds, such as barley or rye grass, and mulched with protective coverings such as natural or chemical stabilizations; and
(2)Runoff from the site will be temporarily detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. Drainage controls are to be maintained as long as necessary to prevent erosion throughout construction.
61.1.11 Prohibited Activities.
184.108.40.206The following prohibitions pertain to all development and related activities within streamside management areas, wetlands and or other wet areas within the County:
220.127.116.11.1The discharge of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, into any streamside management or other wet area in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited.
18.104.22.168.2The placement of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, where such material could pass into any streamside management or other wet area in quantities which could be deleterious to fish, wildlife, or other beneficial uses.
61.1.12 Confirmation of Development within SMAs and Wetlands. As a part of a development application review, the responsible department shall check USGS maps, or other information available to the department, to determine if grading, construction, or other activity is proposed to be located within a SMA or other wet area.
A preliminary on-site inspection shall be performed prior to any grading, construction, or other development permit issuance to determine if the project area contains SMAs or other wet areas.
Where there is disputed evidence or controversy regarding the confirmation of development within SMAs or other wet areas, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which the confirmation is made.
Copies of the report shall be sent to CDFW and to any person or group requesting such report in writing.
61.1.13 Biological Report Required. An application proposing development activities within a SMA or Other Wet Area shall include a site-specific biological report prepared consistent with these regulations.
The written report prepared by a qualified biologist shall be referred to CDFG for review and comment. If no reply is received from CDFG within ten (10) working days of the date of the referral, it shall be assumed that the report satisfies CDFG requirements.
61.1.14 Incorporation of Recommendations as Conditions. The recommendations contained within the written report shall be incorporated into any development permit as conditions of approval by the Responsible Department.
61.1.15 Project Monitoring, Security, and Certificate of Completion. The monitoring of mitigation measures and reporting of monitoring activities made as conditions to any permit issued pursuant to this section shall be performed as specified in the project’s adopted mitigation and monitoring plan.
No development permit final acceptance, certificate of compliance or certificate of occupancy, nor any further development permits shall be issued unless and until all initial mitigation measures are completed and accepted by the County.
Where a project is phased or where mitigation measures are to be monitored beyond an initial building, grading, or construction period, or where mitigation measures are required beyond this initial period, as described within the development permit, the permittee shall post a bond or equal security with the Responsible Department prior to commencing any grading or construction activities. The amount of the bond or security is to be based upon the cost of performing the required mitigation measures, the related monitoring and report activities, and the County’s administrative and processing costs.
Following a written notice to the permittee of a failure to complete or fully implement mitigation or monitoring measures within the time period specified within the permit conditions, the bond or other security may be forfeited and applied to the incomplete mitigation or monitoring measures at the discretion of the Responsible Department.
61.1.16 Waiver of Procedures for Emergencies. The provisions of Section 312-15, Subsections 1-5, of the County Zoning regulations shall be followed in cases of emergencies. Following the issuance of an emergency development permit or variance, application shall be made and processed for the required development permit or variance in accordance with the applicable provisions of the County Code.
61.1.17 Biological Report. Where a Biological Report is required by these regulations, the report shall be prepared by a qualified professional educated, trained, and experienced in the subject matter, and the report shall contain the following:
Section I Summary of Findings and Conclusions
Section II Introduction, Background, and Project Understanding
Section III Methods
A. Field Observation and Studies
B. Trustee and Other Agency Consultation
C. Document and Report Review
D. Cumulative Biological and Watershed Effects
Section IV Results and Discussion
A. Existing Site Conditions
2. Hydrologic and Aquatic
3. Sensitive Species or Habitats
B. Offsite Conditions
2. Hydrologic and Aquatic
3. Sensitive Species or Habitats
C. Development Effects
D. Recommended Mitigation and Monitoring Measures
Section V References
A. Plant Species Observed
B. Other Species Observed directly or indirectly (e.g., nests, scats, tracks, etc.)
C. Sensitive Species or Habitats in the Project Vicinity (listing)
61.1.18 Mitigation and Monitoring Plan.
22.214.171.124When a mitigation or monitoring plan is required, information sufficient to answer all of the following is required:
126.96.36.199.1Statement of project/mitigation goals – what do you want to create?
188.8.131.52.1.1Map and/or description of existing site conditions.
184.108.40.206.2Schedule for implementation, inspection, and maintenance.
220.127.116.11.3Description of site preparation; i.e., excavation, grading, stockpile of topsoil, etc.
18.104.22.168.4Identify the planting material; i.e., cuttings, seedlings, seed, plugs, container size (source if not obtained from commercial nursery).
22.214.171.124.4.1Use of mulch and/or fertilizers.
126.96.36.199.4.2Description of plant preparation, if necessary; i.e., how cuttings were obtained, size, treatment with rooting hormone.
188.8.131.52.4.3Necessity for irrigation and/or fencing.
184.108.40.206.5Performance Standards – how to measure success through defined criteria; i.e., number of viable species, cover values, height, growth, etc. For example:
220.127.116.11.5.1Year one – 80% tree species viable and achieving at least 4 inches of growth from initiation of planting.
18.104.22.168.5.2Year three – plugs of silverweed shall cover at least 30% of project site.
22.214.171.124.6Monitoring Requirements – (standard is five years of monitoring).
126.96.36.199.6.1Conduct during June each year; however, may be modified if specific species are involved (i.e., annual that blooms in April).
188.8.131.52.7Reporting – listing of appropriate agencies to receive copies of monitoring report.
184.108.40.206.8Remedial Measures – plan shall include measures for mitigation not achieving specified performance criteria; i.e., replanting, irrigation, fencing, etc. (Ord. 2275, Sec. D, 5/28/2002; Ord. 2629, § 9, 6/11/2019; Ord. 2693, § 2, 6/7/2022)