Environmentally sensitive habitats in the coastal zone

[From the U.S. Government Printing Office, www.gpo.gov]

Coastal Zone
Information
Center

-t4L.!
pdxw

VENTURA COUNTY LOCAL COASTAL
PROGRAM DRAFT WORKING PAPER
ENVIRONMENTALLY SENSITIVE HABITATS
IN THE COASTAL ZONE

c" I I
6.5

E58
1979

12 07
COASTAL ZONE
INFORMATION CENTER

VENTURA COUNTY LOCAL COASTAL PROGRAM

DRAFT WORKING PAPER

ENVIRONMENTALLY SENSITIVE HABITATS

IN THE COASTAL ZONE

This report is a draft working paper. Any
proposed findings or recommended policies
included in the report are preliminary and subject
to revision, and are not adopted County policies.

LA
This report was prepared with financial assistance
from the Office of Coastal Zone Management,
National Oceanic and Atmospheric Administration,
under the provisions of the Federal Coastal Zone
Management Act of 1972.

Prepared by the
Ventura County Environmental Resource Agency Planning Division

May 1979

ABSTRACT

This report is a draft working paper designed to provide background
information and preliminary policy. guidance for the Ventura County Local
Coastal Program (LCP). The LCP is a state mandated planning program which
requires coastal cities and counties to bring their general plans and zoning
ordinances into conformity with the State Coastal Act of 1976.

A major emphasis of the State Coastal Act is the recognition that the coastal
zone is a unique and valuable resource area, which requires special resource
management policies. This paper, therefore, focuses on the goals and policies
of the Coastal Act which relate to the management of sensitive coastal

resources.

This paper includes a discussion of environmentally sensitive habitats and
includes a brief inventory of coastal resources found in the County of Ventura
and proposes policies for management of these resources in conformity with the

Coastal Act.

In addition to this paper, working papers will also be prepared on Energy,
Agriculture, Beach Erosion, Recreation, Public Works and Housing. The draft
findings and proposed policies of these forthcoming reports may necessitate
revisions to. this report in order to resolve identified conflicts and to promote
consistency.

These working papers will be utilized in the development of the LCP Land Use
Plan which will set forth land use designations and policies which conform to
the Coastal Act. The LCP Land Use Plan will be reviewed by the Ventura
County Board of Supervisors, and the regional and State Coastal Commission.
Once the LCP Land Use Plan has received local, regional and State approval,
the County must prepare an LCP implementation plan, including zoning, which
conforms to the approved LCP Land Use Plan.

TABLE OF CONTENTS

ENVIRONMENTALLY SENSITIVE HABITAT AREAS
PAGE

A. INTRODUCTION ............................................. 1

1. COASTAL ACT POLICIES ................................ 1

2. ENVIRONMENTALLY SENSITIVE HABITATS DEFINED ... 1

B. SUMMARY OF MAJOR COASTAL HABITATS AND PROPOSED
POLICIES

1. COASTAL DUNES ........................................ 4
(a) Mandalay Dunes ................................... 5
(b) Point Mugu Dunes ................................. 6
(c) Policies ............................................ 6

2. WETLANDS ............................................. 9
(a) Rincon Creek ...................................... 10
(b) Santa Clara River .................................. 11
(c) McGrath Lake ...................................... 15
(d) Mugu Lagoon/Calleguas Creek ...................... 16
(e) Policies ............................................ 18

3. SHORELINE AND INTERTIDAL AREAS ................... 21
(a) Description ......................................... 21
(b) Policies ............................................. 23

4. CREEK CORRIDORS ..................................... 25
(a) Description ......................................... 25
(b) Policies ............................................. 26

5. SANTA MONICA MOUNTAINS ............................ 28
(a) Description ......................................... 28
(b) Policies ............................................ 31

C. FOOTNOTES ................................................. 33

0. PERSONS AND AGENCIES CONSULTED ........................ 35

E. BIBLIOGRAPHY .............................................. 36

1. ENVIRONMENTALLY SENSITIVE HABITAT AREAS

A. INTRODUCTION

The coastal zone is an ecologically dynamic area providing the interface
between land and ocean and between fresh water and salt water, thereby
offering a variety of unique habitat areas. The County of Ventura's
coastal zone includes relatively large undeveloped areas which support both
shorelin e and inland coastal habitats of significance. The purpose of this
working paper is to identify and describe the County's environmentally
sensitive areas and propose the appropriate types of management policies
necessary to conform with the Coastal Act of 1976.

1. Coastal Act Policies: Section 30240 of the Coastal Act provides for
the protection of environmentally sensitive areas and states:

"Section 30240 (a) Environmentally sensitive habitat areas shall
be protected from any significant disruption of habitat values
and only uses dependent on such resources shall be allowed
within such areas. (b) 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 such areas, and shall be compatible with
the continuance of such habitat areas."

In addition to these policies, the Coastal Act also contains specific policies
related to the protection of water and marine resources, and wetlands.
These policies are shown in Table 1.

2. Environmentally Sensitive Habitats Defined: Environmentally sensitive
habitat areas are defined as "Any area in which plant or animal life
or their habitats are either rare or especially valuable because of
their special nature or role in an ecosystem which could be easily
disturbed or degraded -by human I activities and developments."
(Section 30107.5 Coastal Act). Using this definition, environmentally

TABLE 1

Water and Marine Resources

30230. marine resources shall be maintained, enhanced, and, where feasible,
restored. Special protection shall be given to areas and species of special
biological or economic significance. Uses of the marine environment shall be
carried out in a manner that will sustain the biological productivity of coastal
waters and that will maintain health populations of all species of marine
organisms adequate for long-term commerical, recreational, scientific, and
educational purposes.

30231. The biological productivity and the quality of coastal waters, streams,
wetlands, estuaries, and lakes appropriate to maintain optimum populations of
marine organisms and for the protection of human health shall be maintained
and, where feasible, restored through, among other means, minimizing adverse
effects of waste water discharges and entrainment, controlling runoff,
preventing depletion of groundwater supplies and substantial interference with
surface waterflow, encouraging waste water reclamation, maintaining natural
vegetation buffer areas that protect riparian habitats, and minimizing, alteration
of natural streams.

30236. Channel izations, dams, or other substantial alterations of rivers and
streams shall incorporate the best mitigation measures feasible, and be limited to
(1) necessary water supply projects, (2) flood control projects where no other
method for protecting existing structures in the flood plain is feasible and
where such protection is necessary for public safety, or to protect exi@ting
development, or (3) developments where the primary function is the
improvement of fish and wildlife habitat.

Diking, Dredging, Filling, and Shoreline Structures

30233. (a) The diking, filling or dredging of open coastal waters, wetlands,
estuaries, and lakes shall be permitted in accordance with other applicable
provisions of this division, 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:

In wetland areas only, entrance channels for new or expanded boating
facilities; and in a degraded wetland, identified by the Department of Fish
and Game pursuant to subdivision (b) of Section 30411, for boating
facilities if, in conjunction with such boating facilities, a substantial
portion of the degraded wetland is restored and maintained as a
biologically productive wetland; provided, however, that in no event shall
the size of the wetl@ncl area used for such boating facility, including
berthing space, turning basins, necessary navigation channels, and any
necessary support service facilities, be greater than 25 percent of the
total wetland area to be restored.

Mineral extraction, including sand for restoring beaches, except in
environmentally sensitive areas.

Restoration purposes.

Nature study, aquaculture, or similar resource-dependent activities.

Dredging and spoils disposal shall be planned and carried out to
avoid significant disruption to marine and wildlife habitats and water
circulation. Dredge spoils suitable for beach replenishment should be
transported for such purposes to appropriate beaches or into suitable
longshore current systems.

in addition to the other provisions of this section, diking, filling, or
dredging in existing estuaries and wetlands shall maintain or enhance the
functional capacity of the wetland or 'estuary. Any alteration of coastal
wetlands identified by the Department of Fish and Game, including, but
not limited to, the 19 coastal wetlands identified in its report entitled,
"Acquisition Priorities for the Coastal Wetlands of California", shall be
limited to very minor incidental public facilities, restorative measures,
nature study, commerial fishing facilities in Bodega Bay, and development
in already developed parts of south San Diego Say, if otherwise in
accordance with this division.

30607.1. Where any dike and fill development is permitted in wetlands in
conformity with this division, mitigation measures shall include, at a
minimum, either acquisition of equivalent areas of equal or greater
biological productivity or opening up equivalent areas to tidal action,
provided, however, that if no appropriate restoration site is available, an
in-lieu fee sufficient to provide an area of equivalent productive value or
surface areas shall be dedicated to an appropriate public agency, or such
reolacement site shall be purchased before the dike or fill development may
proceed. Such mitigation measures shall not be required for temporary or
short-term fill or diking; provided that a bond or other evidence of
financial responsibility is provided to assure that restoration will be
accomplished in the shortest feasible time.

sensitive habitat areas are considered by the State Coastal Commission
to include all coastal wetlands and lagoons, rare and endangered
species habitat, designated sanctuaries and reserves, reefs, tide
pools, kelp beds, indigenous dune and plant habitats.

In the County of Ventura's coastal zone, the major coastal habitat
types which fall within the above definition include: dunes,
wetlands, inland habitats such as the Santa Monica Mountains, and
intertidal features. Each of these general habitat types are discussed
briefly and general policies for the protection of such habitats are
proposed.

B. SUMMARY OF MAJOR COASTAL HABITATS AND PROPOSED POLICIES

1. COASTAL DUNES: Coastal dunes are an extremely fragile, yet very
protective type of habitat. Generally, dunes form as windblown sand
collects on an object of obstruction. The gradual collection of sand
into a dune formation then forms a protective buffer from both wind
and wave action for areas immediately inland. Destruction or removal
of the natural protection afforded by dunes generally results in
exposure of the area to the hazards of beach erosion and storm
damage.

Dune formations on the coast are also dynamic in nature, migrating
and reforming depending on wind and wave patterns, and coastal
topography. Development in the vicinity of dunes is, therefore,
often subject to sand encroachment and the costs of a street sweeping
and sand removal, and storm run-up and damage. Therefore, coastal
dunes serve as a naturally occurring protection against shoreline
erosion and storm damage. Protection of dunes generally serve to
protect man-made developments. In addition to protecting man-made
developments, dunes protect coastal salt marshes and wetlands.
Dunes also provide nesting habitat for a number of shore birds,
including the Snowy Plover and the California Least Tern, a
designated endangered species. Because of the transitory nesting
habits of the Least Tern, any significant area of dunes should be
considered a possible nesting site for this endangered species.

As a habitat, coastal dune communities support a variety of coastal
strand flora- and fauna including sand verbena, sea rocket, sea fig
and other species. Dune vegetation is particularly important to the
maintenance of dune habitats, insofar as the vegetation serves to
stabilize the dunes and promote the dune formation.

The habitat characteristics as well as the protective characteristics of
dune communities can be easily disturbed by human activities,
especially development and off-road vehicle use. Additionally,

because of the fragility of such communities, unrestricted pedestrian
access may, on a cumulative basis, result in the trampling of dune
-vegetation and ultimately the degradation of the formation.

In the County's coastal zone, major dune communities are found in the
McGrath -Mandalay area and on the South Coast in the vicinity of
Point Mugu State Park.*

a. Mandalay Dune Complex: The Mandalay dunes are located along
the coastal stretch between the Santa Clara River and Port
Hueneme, in the vicinity of Harbor Boulevard (See Figure 1). A
major portion of these dunes are under the jurisdiction of the
City of Oxnard. Within the unincorporated areas, however,
there are two major stretches of dunes: (1) approximately 80
acres of land immediately surrounding McGrath Lake, and (2) an
area bounded by Fifth Street (north), the Edison Canal (east),
Wooley Road (south), and Harbor Boulevard (west). Immediately
north of the latter site is a severely degraded dune formation
presently utilized as an oil waste disposal site.** According to
the Ventura County Flood Control District, dune formations to
the east of Harbor Boulevard have been isolated from the ocean

and beach area and, therefore, many of the ecolog.ical and
biological connections between ocean and these dunes have been
lost. Nonetheless, the ar ea serves as a unique recreational and
environmental resource.

The dunes surrounding McGrath Lake are currently utilized for
oil related activities, primarily extraction. The State Department
of Parks and Recreation's Draft General Plan for McGrath State

*Dune formations are also found in the-Ormond Beach area. However, these
dunes are under the jurisdiction of the City of Oxnard.

**The Conditional Use Permit for this disposal site will expire January 2,
1980, unless renewed.

Beach (1979) designates this area as a potential acquisition site
contingent on phase out of oil operations. The proposed Edison
Canal Land Use Study (1978) proposes that the dune formations
in the vicinity of the Edison Canal (including the oil waste
disposal site) be utilized as a dune park or other light intensity

recreational uses.

b. Point Mugu Dunes: Located within Point Mugu State Park (La
Jolla Beach area), is a 40 acre sandy beach area, and large sand
dune complex. While public ownership is a positive step towards
protection of this dune area, access and use of the dunes should
be reviewed by the State. Section 30210 of the Coastal Act
requires that beach access and use be consistent with protection
of natural resources. The Resource Management Plan for Point
Mugu State Park (State Department of Parks and Recreation)
points out that this hillside dune area should be protected from
off-road vehicle use and suggests that the area be included in
the La Jolla Valley Nature Preserve.

The quality of dune habitats may be preserved by use of
mitigation measures such as restrictions on access, clearly
defined pathways, revegetation, interpretative center, and public
education. Future land uses in dune areas should attempt to
incorporate any of the above or other appropriate mitigation
measures as a condition of development.

PROPOSED LOCAL POLICIES AND PROGRAMS

Section 30240 of the Coastal Act requires the protection of environmentally
sensitive habitats such as coastal dunes, and specifies that such habitats shall
be protected from disruption by assuring that new uses are dependent on such
resources, and that uses adjacent to habitats be compatible. The following
policies and programs are proposed for coastal dune areas to attain the intent
of the Coastal Act policies:

1 All significant coastal dune formations shall be designated "Open
Space" on the Open Space Element.*

2. Uses such as off road vehicle use, sand mining filling or dumping,
which may result in the degradation or destruction of dune formations
shall be prohibited.

3. Any other development within or immedliately adjacent to identified
dune habitats (including recreational facilities, roads, mineral
extraction, grading, private development) shall be located and
designed to prevent impacts which would significantly degrade such
habitats and shall include specific mitigation proposals for the
protection of dune communities including but not limited to fencing,
signing, interpretative displays, and increased enforcement.

4. The County of Ventura shall encourage the State Department of Parks
and Recreation to include significant dune formations within State
Park and Beach areas in a natural preserve, and, shall encourage
interpretative displays and information to foster an appreciation of OF
dune formations. Additionally, the County of Ventura shall support
potential acquisition proposals by State Department of Parks and
Recreation for the aquisition of dunes surrounding McGrath Lake.

5. The County of Ventura, in conjunction with the City of Oxnard, shall
seek to develop a coordinated dune protection program for the
Mandalay dune complex including light intensity recreational use
concepts as proposed in the Edison Canal Land Use Study. Any
implementation plans for the Edison Canal Land Use Study shall
demonstrate compatibility with the continuance of dune habitats and
shall provide for interpretative disp.lays and information about dune
communities, as well as pedestrian access corridors which limit damage

to dunes.

*The unincorporated portions of the Mandalay Dune complex and the Mugu
dunes are currently designated "Open Space" by the Open Space Element.

6. As' part of the LCP Implementation Program, a Resource Management (R-M)
overlay zone shall be considered which provides more specific development
criteria for use of sensitive habitats such as coastal dunes (see model
ordinance in Appendix).

7. As part of the LCP Implementation program, planning staff should
investigate less than fee acquisition programs and other methods of open
space preservation (such as open space easements, tax incentives for open
space allowed under the State Williamson Act) which might be applicable to

dune areas.

2. WETLANDS: Wetlands are generally defined as an area which is regularly
subjec t to tidal or surface water inundation.* Wetlands are among the
most biologically dynamic and productive of coastal habitats. The Mugu
Lagoon for example, supports more than 191 species of birds, 23 species of
mammals, and hundreds of invertebrate species. 2

Wetlands are also extremely sensitive to disturbance and destruction.
According to the California Department of Fish and Game, more than 90% of
the wetlands in Southern California have been destroyed. 3 As a
consequence, some wildlife species which are dependent upon wetland
habitats, are classed as rare or endangered species.

The threatened nature of wetlands is the result of both natural processess
and man-made activities. Wetlands are generally transitory in nature.
Water levels are maintained by ocean tidal action and/or surface water
flows (creeks and rivers). Natural siltation, sedimentation, and formation
of sand bars, therefore, results in constant alterations to the size,
location, and environmental characteristics of wetland areas.

Man-made activities that result in removal of sources of water that feed
wetlands such as diversions; the introduction of urban and agricultural
runoff and pollution; and dredging and filling, may severely degrade or
destroy wetland areas.

U.S. Fish and Wildlife defines a wetland as: "Land where the water table
is at, near or above the land surface long enough to promote the formation
of hydric soils 1. or to Support the growth of hydrophytes. In certain
types of wetlands, vegetation is lacking and soils are poorly developed or
absent as a result of frequent and drastic fluctuations of surface-water
levels, wave action, water flow, turbidity or high concentrations of salts
or other substances in the water or substrate. Such wetlands can be
recognized by the presence of surface water or saturated substrate at
some time during each year and their location."

If properly planned, however, certain flood control projects can
enhance or restore wetland values. For example, projects which are
designed to decrease siltation and sedimentation in wetland areas can
serve to maintain the environmental balance and productivity of a
wetland. According to the VCFCD, urbanization, not dams and
channel izations, is usually the primary element of changes in runoff.
In fact, in some cases, dams and channelizations may have a positive
effect on wetland habitats. It is appropriate to point out that none
of the County's wetland areas are "natural"; that is, none are in an
aboriginal state. All have some degree of man-made disturbance
within their perimeter. All are indirectly influenced by considerable
man-made disturbance in the larger ecosystems around them.

Because of these impacts, the Coastal Act states that the biological
productivity of wetlands shall be maintained by minimizing adverse
effects of waste water discharges and runoff through controlling
runoff, preventing depletion of ground water supplies and substantial
interference of surface water flow, by encouraging waste water
reclamation, and minimizing alteration of natural streams (Sections
30230 and 30231). Additionally, Section 30236 states that substantial
alterations to rivers and streams shall be limited to necessary water
supply projects, flood control projects necessary for public safety or
to protect existing development and to projects that will improve the
fish and wildlife habitat.

Major wetland areas in the unincorporated portions of the County's
coastal zone include: the Rincon Creek embayment, the Santa Clara
River, McGrath Lake area, and the Mugu Lagoon.*

a. Rincon Creek Embayment: Rincon Creek is an unimproved creek
channel which roughly follows the Santa Barbara/Ventura County
line the coastal zone. At the lower reaches of the creek an
embayment is formed and enclosed by a sand bar formation at

NOTE: Wetland habitats are also found at the mouth of the Ventura River
and Allesandro Lagoon within the City of Ventura, and at Ormond Beach
within the City of Oxnard. These.areas are addressed by the respective
city Local Coastal Program.

the creek's mouth. The embayment is characterized as a
brackish -water wetland and riparian habitat area. Habitat values
in the area have been reduced by agricultural run-off and
siltation, and by the presence of residential development which
immediately surrounds the wetland.. Nonetheless, the embayment
is capable of supporting native vegetation and aquatic and game
bird species. Currently, Rincon Creek is maintained as a
natural flow corridor and there are no proposals by the Ventura
County Flood Control District for flood control improvements in
the coastal zone.

b. Santa Clara River: The mouth of the Santa Clara River forms a
60 acre salt marsh wetland area. 4 The wetland area has been
identified as a habitat area for several rare and endangered bird
species and is, therefore, considered to be an environmentally
sensitive area as defined by the Coastal Act requiring special
resource protection.

The lower reaches of the river and wetland areas have a complex
jurisdictional setting. South of Harbor Boulevard Bridge, the
wetland area is ' within the City of Oxnard and McGrath State
Beach, which affords some protection of resources by virtue of
public ownership. The eastern bounda ry of the area is under
the jurisdiction of the City of Ventura. North of the Harbor
Boulevard Bridge, the flow corridor and the adjacent lands are
largely under the jurisdiction of the County of Ventura. The
entire flood corridor of the river, within the coastal zone, is
also under the jurisdiction of the Ventura County Flood Control
District (VCFCD). Because of the jurisdictional complexity of
the habitat area, and the impact of activities upstream, extensive
inter-agency coordination will be required to maintain and
enhance habitat values in the area.

As was mentioned above, the major habitat area of the Santa
Clara River is the salt marsh and lagoon, which form at the
river's mouth. The. mouth is somewhat transitory in nature,

flowing directly into the ocean during winter months, and often
forming a lagoon area during the summer months.5 The lagoon
and associated wetland areas are extensively utilized by
waterfowl and shore birds. The U.S. Fish and Wildlife Service
considers this area to be one of the "most important shore bird
anO, wading bird habitats" in the County, and one of the "most
attractive bird watching areas on the Southern California
Coastline. ,6 Of the diversity of bird species which utilize this
area, at least two rare and endangered species have been
observed: the Beldings Savannah Sparrow 7 and the California
Least Tern. 8 The California Least Tern Recovery Team has
recommended this site as an essential habitat area.

According to the U.S. Fish and Wildlife Service, the lagoon and
river's mouth also support a variety of fish species, including
Tidewater Goby, Topsmelt and Staghorn Scupin. In addition to
bird and fish species, a variety of small mammals and small
rodents utilize the marshy area and river bank.

The dominant vegetative pattern in the salt marsh area includes
Jauneau Carnosa, Pickleweed, Salt Grass and other associated
marsh vegetation. Riparian vegetation primarily willows is also
found along the river corridor.

The major threats affecting the long term maintenance of habitat
values in the Santa Clara River area result generally from
activities occurring upstream along the river (and outside of the
Coastal Zone), and from the area's proximity to urbanized and
urbanizing land.

The major upstream uses which may impact the Santa Clara River
wetland area include sand and gravel mining operations,
diversions, and flood control improvements. While these projects
are outside of the coastal zone, the potential for governmen tal
coordination for protection of resources within the coastal zone is
important. As noted above, the effects of certain projects, if
properly planned, can have a positive effect on wetland

resources.

It should also be emphasized however, that the LCP's role
regarding uses outside the coastal zone is limited to agency
coordination. The State Department of Fish and Game serves as
the responsible agency for review of projects affecting fish and
wildlife resources, both in the upstream reaches and wetland
areas of the Santa Clara River (Section 1601 and 1603 of the
State Fish and Game Code).

Of more immediate concern to the LCP, are uses within the
coastal zone in the vicinity of the river. The major types of
uses which may affect wetland resources are discussed briefly
below and include: urbanization, agriculture, flood control
measures and recreational use. As was mentioned above, the
river corridor is bounded on either side by the cities of Oxnard
(south) and Ventura (north). Urbanization pressures are
evident in the vicinity of the river and will be addressed by the
respective city LCP's.

Unincorporated lands adjacent to the river are either vacant, or
under agricultural production. Maintenance of agricultural uses
in this area would serve to protect habitat values by virtue of
maintaining open space, as well as foster preservation of
agriculture (Coastal Act Section 30241), and reduce flood hazard
to development (Coastal Act Section 30253). While agriculture is
encouraged under the Coastal Act, and appears to be a suitable
buffer use for protection of habitat values, the LCP should
coordinate with the County's 208 process and responsible water
quality monitoring agencies to ensure that agricultural runoff
does not impact the water quality of the Santa Clara River area.

Flood control improvements along the coastal zone portion of the
Santa Clara River may have a significant negative impact of the
viability. of the wetland area. Currently, the Ventura County
Flood Control - District (VCFCD) has no proposals for' flood
control improvements in the coastal zone portion of the channel.
Discussion of a levee for protection of land within the City of

Oxnard has, however, occurred (see Ventura County LCP issue
identification). The State Department of Fish and Game has
indicated that construction of a levee along the river within the
coastal zone may have a considerable impact on wetland
resources.9 For this reason, coordination with the cities of

Oxnard and Ventura to ensure that coastal zone land uses do not
require additional flood control improvements, which would impact
the wetland, is necessary.

An additional consideration is access and recreational use of the
mouth of the Santa Clara River. A large portion of the wetland
area is currently under the ownership of McGrath State Beach.
While public acquisition is a positive step toward the long-term
preservation of habitat values, access to the site should be
monitored to reduce disturbance to the habitat. A wetland
survey (Acquisition Priorities for California Wetlands), prepared
by the Bureau of Sports Fisheries and Wildlife and the
Department of Fish and Game cites that "human disturbance is
the biggest threat to wildlife use in the Santa Clara River
wetland area". Designation of the area as a bird sanctuary or
nature preserve would best serve to protect wetland resources.
Currently, the State Department of Parks and Recreation is
considering the designation of 160 acres of McGrath State Beach,
including the wetland areas, as a nature preserve.

Two related planning studies currently being undertaken by the
State Department of Parks and Recreation include the General
Plan for McGrath State Beach, and the designation of Resource
Protection Zones (RPZ). The General Plan for McGrath State
Beach will explore appropriate methods of wetland preservation
and limitations on access and use of the wetland area. The
Resource Protection Zones to be designated by State Department
of Parks and Recreation are designated to delineate buffer areas
required for the protection of resource and habitat values within

State Park areas. Both of these planning efforts should be
reviewed by the LCP and, if in conformity with the Coastal Act,
be considered for adoption as policies for the wetland area in the
mouth of the Santa Clara River.

C. McGrath Lake: McGrath Lake is an enclosed wetland area located
at the southern portion of McGrath State Beach. The lake is
formed from irrigation run-off from the adjacent agricultural
lands to the north and east. Water level within the lake is
maintained by a pump installed at the upper end of the lake
which drains to the beach.

Similar to the Santa Clara River, jurisdiction of the McGrath
Lake is complex. The southern portion of the Lake is within
McGrath State Beach and under the jurisdiction of the City of
Oxnard. The northern portion is privately owned and under the
jurisdiction of the County of Ventura. The unincorporated
portions surrounding the lake are primari,ly used for oil
extraction. Southern California Edision's Mandalay Generating
Plant is located to the south.

McGrath Lake area provides both freshwater and marsh habitats
as well as indigenous dune and riparian vegetation. The dune
formations surrounding the lake and the wetland itself may be a
sensitive habitat for a variety of bird species similar to those
which frequent the Santa Clara River area. Surrounding the
lake, coastal dune plant communities can be found. Additionally,
riparian vegetation in the area is well established and includes
willows, bullrushes, pickleweed, salt grass, etc. 10

The area is a unique habitat area which may be closely
associated with the larger Mandalay dune complex, and the Santa
Clara River wetland habitat. section 30107.5 includes in the
definition of environmentally sensitive habitats "any area in
which plant or animal life or their habitats are either rare or
especially valuable because of their special nature or role in an

ecosystem which could be easily disrupted or degraded."
Because the McGrath Lake may play an important role in the
dynamics of the McGrath area ecosystem, including the Santa
Clara River, it is included as an environmentally sensitive area.

The State Department of Parks and Recreation (DPR) has
recently (1978) released the draft S anta Barbara-Ventura Coastal

State Parks General Plan which addresses the McGrath Lake
area. The plan proposes that two unincorporated privately
owned areas immediately adjacent to the lake to be considered for
potential acquisition (contingent on phase out of existing oil
operations). Additionally, if acquired, the plan proposes a
bicycle trail from the Mandalay Generating Plant to the existing
campgrounds. No other park development is proposed for this
area in order to protect the habitat values of the McGrath Lake
and dunes. The DPR plan as proposed appears to be consistent
with the Coastal Act's requirement of providing maximum access
to the beach, consistent with the protection of resources, and
appears to represent a balance between public use and habitat
protection.

d. Mugu Lagoon and Calleguas Creek: Mugu Lagoon is one of the
largest (3000 acres) and most pristine wetland areas in the
State. The lagoon is located within the Pacific Missile Test
Center (PMTC) and is therefore federal land and excluded from
the coastal zone.* Related to the LCP, however, are activities.
in the unincorporated, non-federal lands surrounding the lagoon,
particularly along Calleguas Creek.

A portion (approximately 400 - 500 feet) of Calleguas Creek,
which drains into the lagoon, falls within the coastal zone.
Calleguas Creek watershed includes over 343 square miles

More extensive information regarding the resources of the Mugu Lagoon
can be found in The Natural Resources of Mugu Lagoon prepared by the
California Department of Fish and Game and the U.S. Fish and Wildlife
Service (1976).

including the major urbanized areas of Simi Valley, Thousand
Oaks, Moorpark and Camarillo, as well as major agricultural
lands in the Oxnard Plain. Rapid urbanization and increased
agricultural irrigation has resulted in increased run-off and
sedimentation in the lagoon.

According to the U.S. Fish and Wildlife Service and the State
Department of Fish and Game, sedimentation from Calleguas
Creek may elevate the Mugu Lagoon wetland above the tidal
prism (ocean tide flooding) and thereby change the water quality
and environmental characteristics of the wetland. Urbanization
of the land in the upstream watershed results in increased
runoff from the urbanized land, both in terms of total volume of
runoff and in the magnitude of the peak flow. Fu.rther, with

continued conversion of native watershed to urban and
agricultural land, increased summer flows (low flows) will be
delivered to the proximity of Mugu Lagoon. The effects of the
increased flows, both in volume and peak magnitude, lead to
potentially less salinity in the Lagoon, increased erosion in
unprotected areas along the unimproved channel reaches which
ultimately may lend to delivery of more sediments to the Lagoon,
and increased pollution. The result of these occurrences is
damage to both flora and fauna in the Lagoon.

At present, the Flood Control District has no proposals for
channel improvements affecting the lower reaches of Calleguas
Creek. Plans are being developed for Revolon Slough to
separate the flows in this channel from Calleguas Creek and
deliver the separated flows to Mugu Lagoon via a new bridge
under Highway 1. The plans are being coordinated with the Soil
Conservation Service (SCS), Army Corps of Engineers (C of E),
U.S. Navy, U.S. Fish and Wildlife Service (USFWS), California
Department of Fish and Game (CFG) and VCFCD. 13

An important concern regarding any alterations of Calleguas
Creek is the impact on endangered species in the lagoon area.

According to the U.S. Fish and Wildlife Service (USFWS) the
endangered light-footed clapper rail, Belding's Savannah sparrow
and California Least Tern utilize the proposed project area.
Because of the sensitivity of the Calleguas Creek/Mugu Lagoon
area, flood control improvements and adjacent land uses must be
carefully planned to avoid habitat damage. The USFWS suggests
that any proposed project in this area should (1) have no
adverse impacts on the endangered species of habitats, and, (2)
provide measures which would reduce sedimentation in Mugu
Lagoon. 14

It should be noted that certain types of flood control
improvements along Calleguas Creek may be necessary for the
maintenance or enhancement of the wetland. According to the
Ventura County Flood Control District (Ventura County Coastal
Planning Study, Flood Control Planning, Surface and Ground
Water Hydrology, 1972) without improvements to reduce
sedimentation and to maintain an optimum exchange of tidal
waters, the Mugu wetland may ultimately cease to exist or
become severely degraded as a wetland area.

PROPOSED LOCAL POLICIES AND PROGRAMS

Wetlands are an extremely sensitive coastal habitat for which the Coasta.1 Act
requires specific protection policies. Among these policies are Section 30240
which protects sensitive habitats from significant disruptions; Section 30231
which protects the biological productivity of wetlands through minimization of
waste water discharges, run-off, prevention of depletion of groundwater
resources, and maintaining natural stream corridors and riparian vegetation;
and Section 30233 which limits dredging, filling or alterations of wetlands except
to maintain the wetland habitat. The following policies and programs are
proposed for wetland areas to attain the intent of these Coastal Act policies:

1. All wetland areas in the unincorporated portions of the County shall be
maintained in open space and shall be designated "Open Space" on the
Open Space Element.

2. In order to preserve wetland areas, no structural development shall be
permitted in wetland areas or creek corridors which feed to wetlands with
the exception of flood control projects necessary for the public safety or
the protection of existing development, and pipelines for coastal dependent
industries provided that there are no other reasonable less environmentally
damaging alternatives. Development projects should include, if necessary,
a specific plan for wetland maintenance including mitigation for adverse
effects of sedimentation and siltation, to be reviewed by the State
Department of Fish and Game.

3. Dredging, filling, and diking shall be permitted for necessary flood control
projects for public safety or to protect existing development; projects
necessary for the enhancement and protection of the wetland, habitat; or
for, coastal dependent industrial pipelines.

4. Dredging, filling or diking plans shall specify habitat mitigation measures
including timing of the project to avoid significant breeding or nesting
cycles, the amount of vegetation to be removed and if necessary a
revegetation plan, the area affected, and a plan for disposal of spoils
which conforms to Policy 5.

5. Wherever possible, dredge spoils should be used for beach replenishment
except under circumstances wherein the deposition of such spoils would
affect beach or interticlal habitats (eq. tidepools or spawning grunion) or
would result in adverse effects on water quality. Deposition of dredged
soils shall be carried out in consultation with the State Department of Fish

and Game.

6. Uses within wetland areas shall be limited to light recreation (nature
study) and scientific or educational research. Public agencies, such as
the State Department of Parks and Recreation, which own and operate
wetland areas shall be encouraged to regulate vehicular and pedestrian
access consistent with the protection of the habitat and shall be
encouraged to provide interpretative and educational information regarding
wetlands. Designation of the mouth of the Santa Clara River and McGrath
Lake as a nature preserve by the State Department of Parks and
Recreation shall beencouraged.

7. As part of the LCP Implementation Program, Planning Staff in conjunction
with other respon@ible agencies such as VCFCID should develop a Resource
Management Plan for wetland areas and the rivers and streams that feed to
wetlands within the Coastal Zone.* In order to accomplish this it is
recommended that a task force be formed to study and recommend more
specific means of promoting interdisciplinary coordination and management
of wetland areas.

The VCFCD has management programs for the Santa Clara River and
Calleguas Creek which are designed to provent unwise use of the portion
of the overall flood plain required for passage of flood waters. This
program is developed through the Watercourse Ordinance (FC-18 as
amended) and through impetus provided by the National Flood Insurance
Program administered by the Flood Insurance Administration. The flood
fringe areas (areas within the flood plain but not required for passage of
flood flows) require development of a program to insure that uses and
development do not occur in a matter incompatible with flooding and in a
way which. would not adversely alter the quantity, quality, or
configuration of flow corridors to or through wetland areas within the

coastal zone.

3. SHORELINE AND ROCKY INTERTIDAL AREAS: The immediate
shoreline and interticlal zone supports unique coastal and marine
habitats including tide pools, offshore kelp, and shorebird nesting
and feeding grounds. The most significant intertidal features are
found on the North Coast between Rincon Point and the Ventura
River, and an the South Coast from the Mugu Lagoon to the
Ventura/Los Angeles County Line.

The North Coast shoreline is generally, characterized as a cobble
interticlal flat or rocky beach area which supports a variety of
interticlal life. The tide pool areas along the North Coast are
estimated to have the greatest diversity of intertidal vertebrates in
the County with the exception of Anacapa Island. 15

Subtidal and interticlal outcrops, found along the North Coast, are
most prevalent at @ Faria, Mussel Shoals, Sea Cliff and along Emma
Wood State Beach. These offshore outcrops provide a nchorage for
kelp, algae and surf grass as well as important substrate for a
variety of intertidal organisms. The offshore kelp and algae beds are
also highly productive, providing shelter for benthic and invertebrate
species, as well as a variety of fish species. Inshore fish. species,
which may be found along this coastal stretch include: surf perch,
diamond turbot, grunion, and ocean species such as b.onita, halibut,
mackerel. and barracuda. Because of the diversity of marine life
associated with kelp and algae growth, these areas are also utilized as
feeding areas by sea and shore birds. 16 Of particular interest to the
LCP is the use of these nearshore and offshore areas by the
endangered brown pelican.

Sandy beach areas along the North Coast also provide feeding and
resting areas for a diversity of shore bird species. In addition, the
sandy beach areas provide an important habitat for clams and
spawning grunion.

Similar to the North Coast, the South Coast shore and intertidal area
supports a variety of tidepool, offshore rocks, and kelp beds. In
addition, the Point Mugu area is utilized as a hauling ground for
harbor seals. Because of these unique resources, the State Water
Resources Board has designated the South Coast shoreline as an Area
of Special Biological Significance (ASBS). The ASBS designation
recognizes the unique research and environmental values of this area
and attempts to preserve such areas in their natural state. In
particular, waste discharges into or near ASBS areas are prohibited.

Intertidal habitats and their organisms may be impacted by a number
of uses, including casual collection of tidepool organisms, pollution
and construction of shoreline p rotection structures and other
shoreline alterations.

The tidepool areas are a focal point of recreational, educational and
scientific interest. In order to preserve these values, and prevent
depletion of tidepool resources, collection of tidepool organisms is
restricted by the Department of Fish and Game Sportfishing
Regulations (1972). In addition, the Ventura County Board of
Education has adopted a tidepool resource protection plan which sets
forth guidelines for tidepool visitation for educational purposes. The
extensive recreational use of the shoreline, however, requires that
education about, and enforcement of, tidepool regulations be
upgraded.

A major concern along the shoreline (particularly the North Coast) is
the issue of septic tank runoff. According to the State Department
of Fish and Game, septic tank effluent runoff and oil related pollution
may severely degrade the marine and intertidal environment. A major
source of effluent pollution result from overnight recreational vehicle
use along U.S. Highway 101, Old Highway 101 and Highway 1.
According to the North Coast Beach Survey (1978) prepared by the
Ventura County Environmental Health Dept., approximately 72 percent
of the Vehicles surveyed were non -self-contained units, with 30
percent of these vehicles discharging wastewater into open mouth

buckets, which are dumped onto the ground or into the adjacent
ocean waters. 17 This practice, in sufficient concentration, may result
in adverse impacts on intertidal and marine organisms, including kelp
beds. 18 State Department of Fish and Game also cites that
wastewater effluent may impact spawning grunions and clams.
Continuation of unmonitored discharge of recreational vehicle
wastewater is contrary to the maintenance and enhancement of water
and marine resources (Section 30230 and 30231), and protection of
environmentally sensitive habitat areas (Section 30240).

Construction of shoreline revetments, dredging, and filling also poses
threats to intertidal and beach habitat areas. A recent beach erosion
study prepared by the Army Corps of Engineers indicates that over
the short term, construction of shoreline structures can substantially
reduce benthic biomass. Additionally, placement of sand and fill in
sandy beach areas may impact spawning grunion and clams that utilize
the sandy beach for habitat. Proper planning of new development to
eliminate the need for protective shoreline structures is needed for
conformance of Coastal Act policies regarding protection of habitat
(Section 30240) and limitations on construction of shoreline structures
(Section 30235).

PROPOSED LOCAL POLICIES AND PROGRAMS

Intertidal habitats and offshore rocks, reefs and kelp beds are considered
environmentally sensitive habitat areas which should be protected from
significant habitat disruption. The following policies and programs are
proposed for interticlal and near shore habitats:

1. A coordinated education and enforcement program shall be encouraged at
existing recreational sites along the North and South Coasts including
Hobson and Faria County Parks, Emma Wood State Beach, and Point Mugu
State Park. All new or expanded recreational development located along or
providing access to areas having intertidal resources shall provide
information centers regarding intertidal habitats and proper enforcement of
State Fish and Game regulations for the protection of intertidal organisms.

2. Proper disposal of wastewater effluent (including pump stations or
appropriate disposal sites for recreational vehicles) and solid waste
resulting from recreational use shall be provided at public sites along the
coast for the protection of the recreational and habitat values and water
quality of those areas.

3. The Ventura County Environmental Health Division and Ventura Regional
County Sanitation District shall be encouraged to investigate on-site
wastewater management zones* (OSWMZ's) and other sanitation solutions
designed to mitigate adverse effects of wastewater effluent on near-shore

and intertidal habitats.

4. No shoreline protection structures (revetments, seawalls, groins or
breakwaters) shall be constructed except to protect existing developed
areas, coastal dependent land uses and public beaches. Any structures
constructed under these circumstances shall incorporate all appropriate
mitigation measures to reduce intertidal or near-shore habitat loses (see
also LCP Beach Erosion and Shoreline Structures Working Paper).

5. Placement of any fill or dredged material along the North Coast beach

intertidal area shall be carried out in consultation with the State
Department of Fish and Game, in order to ensure that the timing and
location of such activities does not disrupt the life cycles of interticlal or
sandy beach species.

6. New development immediately along the coast shall demonstrate that no
significant, long term adverse impacts will result on the environmentally
sensitive beach or intertidal area, and shall make findings related to, but
not limited to, proper wastewater disposal, and degree of structural
improvements.

*On-site Wastewater Management Zones. (OSWMZ) may be formed to establish
publically operated service areas responsible for the regular pumping and
maintenance of private septic systems. State Senate bill 430 provides
priority State and Federal funding for the preparation of OSWMZ feasibility

studies.

4. CREEK CORRIDORS: Creek corridors are an important habitat area
for a number of reasons. The lush vegetation and water resources of
creek corridors are highly attractive to a variety of wildlife species
as a resting and feeding area, and, therefore, the fresh water and
riparian habitats tend to support fairly diverse ecosystems. An
additional consideration is the relationship of creek corridors to the
immediate coastline and coastal ecosystems. Because these corridors
flow to the coastal waters (open ocean, wetlands and estuaries),
activities occurring along creeks or rivers may affect important
downstream habitats. A final consideration is the,presence of flood
and erosion hazards along creek corridors.

Section 30231 of the Coastal Act requires that the biological
productivity of coastal waters be maintained and restored through
control of waste discharges and run-off, protection of riparian
habitats, and minimizing alterations of natural streams. Section 30236
limits substantial alterations of rivers and streams to necessary water
supply projects, flood control projects for public safety or to protect
existing development, or for the improvement of fish and wildlife

habitats.

In order to, meet the int6ht of these policies, the LCP must explore
development and conservation guidelines for creek and river

corridors.

Within the County of Ventura's coastal zone, there are currently no
major flood control improvement proposals. In most areas, existing
development policies and flood control regulations have resulted in the
protection of major coastal zone water resources. Creek setback
requirements may be required, however, in order to integrate
existing regulations (flood control regulations, Uniform Plumbing Code
and zoning ordinances).

Currently, the Ventura County Environmental Health Division requires

a minimum of 50' - 1001 setbacks from creek corridors for on-site
disposal systems pursuant to the Uniform Plumbing Code. The

Ventura County Flood Control District (VCFCD) provides development
guidelines for new uses in flood plains, and may also require a slope
formula setback for deeply incised creek corridor areas.* A 100 foot
setback minimum from creek corridors could serve to accommodate the
intent of existing policies as well as the intent of the Coastal Act.
Such a creek setback might also serve to mitigate flood hazards and
thereby reduce the need for flood control improvements which might
impact riparian and creek habitats.

Watershed management is also important to creek corridor management.
Maintenance of watershed vegetation can serve to retard flooding and
rapid run-off as well as soil erosion and sedimentation.

In the County of Ventura's. coastal zone, the following creek corridors
have been - identified which have significant riparian resources:
Rincon Creek, La Jolla Canyon, Big Sycamore Canyon, Serrano
Canyon, Deer Creek Canyon, and Yerba Buena Canyon (See Map 1).

PROPOSED LOCAL PLANS AND POLICIES:

Sections 30231 and 30236 of the Coastal Act state, in summary, that the
biological productivity of streams shall bei protected through minimization of
adverse effects of wastewater discharge and run-off, maintenance of riparian
vegetation, and minimization of alteration of natural streams. These policies
also state that no channelizations, dams or substantial alterations of streams
shall be allowed except for necessary water supply, flood control for existing
development or public safety, or the enhancement of fish and wildlife habitats.
The following policies and programs are proposed for creek and river habitats.

1. Alterations (including grading, filling or dredging) of existing creeks and
rivers shall be limited to necessary water supply projects, flood control
measures for existing development or public safety, or habitat
maintenance.

VCFCD may require that n ew structures be set back 20 feet from the
intersection of a 2:1 slope line (drawn from the base, of the creek
corridor) with the slope bank.

2. All alterations pursuant to Policy I shall incorporate mitigation measures
for the protection of riparian vegetation and shall mitigate to the maximum
extent reasonable any adverse impacts on downstream habitats, particularly
wetlands.

3. In order to preserve significant riparian and creek resources within the
County's coastal zone, the following corridors should be considered special
management areas: Rincon Creek, La Jolla Canyon, Big Sycamore Canyon,
Serrano Canyon, Little Sycamore Canyon, Deer Creek, and Yerba Buena
Canyon (See Map 1). In the areas, the following policies shall be applied.

(a) New structural development including recreational campsites should be
set back a minimum of 100 feet from any creek or water resources.
Riparian vegetation within the 100' foot buffer zone should be left in a
natural state except for the minimum degree of alteration that might
be necessary for public safety (flood and fire control).

(b) Grading, excavation or filling should be restricted within the 100 foot
buffer zone to activities that conform to Policy 1. Land modification
plans should be submitted to the Public Works Agency, and if
necessary the Department of Fish and Game to ensure the project
does not interrupt creek flows.

(c) To the maximum extent possible, new development along these
corridors should preserve riparian vegetation particularly Oak and
Sycamore trees.

(d) Whenever possible best management practices for soil conservation as
developed by the Soil Conservation District should be utilized to
reduce run-off, siltation and erosion. In severe erosion areas,
landscaping plans for erosion and run-off control should be required.

1 N R 2@QJW
'TIS R?OWN
GOP
I

12
CJW
se
NO

,jdo,
;00@

OWN= RIPARIAN CORRIDOR
SOURCE; VENTURA COUNTY ENVIRONMENTAL RESOURCE AGENCY
VENTURA COUNTY FLOOD CONTROL DISTRICT
local coastal program
VENTURA COUNTY MAP 1
ENVIRONMENTAL ROBOURCIR AGENCY

5. SANTA MONICA MOUNTAINS.* The most significant inland habitat in.
the County of Ventura's coastal zone is the Santa Monica Mountains
range located on the South Coast. The Santa Monica Mountains
represent one of the last remaining undeveloped coastal mountain
ranges in Southern California. In the Ventura County area, the
mountains extend from Calleguas Creek on the west to the
Ventura/Los Angeles County line on the east.

A unique feature of these mountains is the interrelationships between
the mountains and the coastal stretch. The South Coast area, as a
consequence, includes unique shoreline resources, such as dunes,
offshore rocks and kelp beds, as well as inland riparian and mountain
habitats. An additional feature of the Santa Monica Mountains is the
recreational use potential of the mountains due to the area's proximity
to Los Angeles and Ventura urban areas.

Because of the unique recreational and environmental characteristics
of the mountains, the area has received both state and national
attention. In 1976, the State Legislature created the Santa Monica
Mountains Comprehensive Planning Commission (SMMCPC) empowered
to prepare both a comprehensive and a specific plan for the use of
the mountains in both Ventura and Los Angeles Counties. Also in
1976, the State Legislature passed the Coastal Act of 1976, which
included a major portion of the mountains within the coastal zone to
protect the unique environmental and recreational features of the
area. Finally in November, 1978, the President signed a $1S5 million
dollar appropriations bill for the public acquisition of a major portion
of the Santa Monica Mountains.

The SMMCPC has recently released their preliminary report for the
Santa Monica Mountains Comprehensive Plan (1978). The report
includes extensive research on the resources and hazards of the
Santa Monica Mountains. In order to avoid dupication of research
efforts, the SMMCPC plan elements are utilized by this repdrt as base
data and incorporated by reference.

With respect to habitats, the SMMCPC has developed widlife networks
based on the presence of sensitive ecological communities (see
Appendix 1). According to the SMMCPC plan, the mountains support
diverse and healthy wildlife populations including mountain lions,
bobcats, and coyotes, which require special resource management
within wildlife networks.

Among the sensitive habitats included in wildlife networks are: major
riparian and canyon areas such as Big Sycamore, Serrano Canyon,
Little Sycamore and Deer Creek Canyon; oak savannah and grasslands
such as La Jolla Valley Nature Preserve; and watershed areas. The
SMMCPC plan specifically calls for the protection of oak trees,
woodland areas (found in the major canyons) and unusual plant
communities. Perhaps the most important plant community in the
Ventura County Santa Monica Mountains is the La Jolla Valley Nature
Preserve within Point Mugu State Park. This area includes rare
native grasses which are protected by the State Department of Parks
and Recreation. Also of concern is the giant coreopsis, which is
unique to coastal environments in this area.

In recognition of the unique resources, hazards and service
constraints of the mountains, the County of Ventura has designated
the area as "Open Space" (10-40 acre minimum) in the Open Space
Element.

A major portion of the Ventura County Santa Monica Mountains are
under public ownership. Approximately 14,000 acres are included
within Point Mugu State Park. An estimated 1,788 acres are owned
and operated by quasi-public organizations such as the Boy Scouts
and other youth camps. The extensive public ownership and the
policy of the County's Open Space Element therefore, provide for the
protection of many of the mountain's resources.

Nonetheless, development of the mountains under existing plans could
potentially have considerable impacts on the habitat resou rces of the
mountains. A recent survey prepared jointly by the SMMCPC and the
State Coastal Comm'ission estimates that there are over 376 existing
legal lots in the Ventura County Santa Monica Mountains area. 19
29

Approximately 100 of these lots are developed, leaving 276 existing
vacant lots. Many of these lots are less than 1 to 5 ac res in size
and, therefore, do not conform to the 10 acre minimum of the Open
Space Element. Additionally, development of nonconforming lots could
have a significant effect on the watershed (grading, vegetation
removal, erosion), and require services such as access which are not
currently available. The introduction of new roads and development,
unless properly mitigated, will have a significant effect on wildlife

resources.

The impact of new residential development on wildlife resources varies
greatly depending on the type of development guidelines which Are
used. Creek setback requirements, vegetation removal and grading
ordinances, and low density development can serve to substantially
mitigate habitat impacts while still allowing development. I n some
areas of the Santa Monica Mountains, 40 to 100 acre minimum lot sizes
may be necessary in light of severe hazards, and service constraints.
Maintenance of very low density uses also allows greater flexibility in
site design and, location to mitigate adverse environmental impacts on
natural features and public services.

Creek setback requirements such as those included in Section 4 of
this paper would also assist in the protection of habitat areas from
development impacts. Concentration of new development in existing
developed areas and along improved road corridors could also serve to
preserve habitat values in less disturbed areas of the mountains.

Policies regarding the removal of significant vegetation such as oak
trees, important watershed vegetation, and riparian vegetation could
also ensure that new development does not substantially impact the
mountain ecosystem.

The Santa Monica Mountains are also considered an important
recreational resource. Similar to private development, recreational
use may have substantial impacts on habitats. Of particular concern
is off-road vehicle (ORV) use. While ORV use is not currently a

significant issue in the mountains, increased use of the area by ORVs
may result in extensive habitat damage, vegetative disruption, and
erosion and fire hazards. For these reasons, the SMMCPC
recommends that the introduction of ORV use be analyzed on a site
specific basis.

Development guidelines for private residential development should also
apply to public recreational development. Section 30212.5 of the
Coastal Act requires that public recreational facilities be provided in
such a way as to reduce impact, overcrowding, and overuse. The

terrain and natural resources of the Santa Monica Mountains are
particularly conducive to light intensity recreation (hiking, nature
study, public and private carefully sited overnight camping).
Recreational development in the Santa Monica Mountains within public
recreational areas should also embody creek setbacks, provision of
adequate sanitation and solid waste disposal, and restrictions on
access and development consistent with natural features and habitats.

PROPOSED LOCAL POLICIES AND PROGRAMS:

The Santa Monica Mountains include both inland and coastal habitats of
significance. Protection of the mountains as a significant environmental and
recreational resource pursuant to the Coastal Act may require the following
policy considerations:

1. The Santa Monica Mountains shall be maintained as "Open Space" (One unit
per 10 to 40 acres) on the Open Space Element. Additionally as part of
the LCP Implementation program, 40-100 sub-zones should be created for
sensitive or hazardous areas.

2. In order to avoid adverse impacts on the recreational and environmental
resources of the Santa Monica Mountains, and to ensure that new
development is compatible with existing service and hazard constraints,
priority shall be given to new development on privately owned land which:

(a) Is located on existing legal lots within or adjacent to existing
developed areas;

(b) Has access from existing public or private roads which meet County
standards; and

New development which would require the creation of new lots, the
extension of new roads or substantial improvements to existing roads, and
which do not have self sufficient on-site water and sanitation facilities

shall be discouraged.

3. New development including all private or public recreational uses shall
utilize site design which does not require extensive grading, or
clevegetation. Where new development results in substantial removal of
native vegetation and grading, a landscaping plan for slope stability,
erosion, fire control and drainage shall be required.

4. New development including all private and public recreational uses shall
preserve unique native vegetation, including giant coreopsis, native
grasses, riparian vegetation and oak trees.

5. The proposals for public acquisition of the Santa Monica Mountains shall be
supported by the Ventura County Board of Supervisors.

FOOTNOTES

1 California Coastal Commission, Local Coastal Program Manual, 1977, as
amended.

2. California Department of Fish and Game and U.S. Fish and Wildlife
Services, Natural Resources of the Mugu Lagoon, June 1976.

3. Ibid.

4. Bureau of Sport Fisheries and Wildlife, California Department of Fish and
Game, Acquisition Priorities for Coastal Wetlands of California, April 1974.

5. Ibid.

6. Memorandum from Area Manager, U.S. Fish and Wildlife Services,
Sacramento, CA', to Regional Director, Bureau of Reclamation, re:
Ventura County Water Management Project, 1978.

7. California Department of Fish and Game, A Census of the Breeding
Population of the Belding's Savannah Sparrow in California, 197-7.

8. U.S. Fish and Wildlife Service California Least Tern Recovery Team, Draft
California Least Turn Recovery Plan, February 1978.

9. Letter to Carl C. Hetrick, South Central Coast Regional Coastal
Commission, from Robert D. Montgomery, State Department of Fish and
Game, re: Ventura County Local Coastal Program Issue Identificaition,
July 1978.

10. California Department of Parks and Recreation, General Plan for Santa
Barbara - Ventura Coastal Park Units, 1978.

11. California Department of Fish and Game and U.S. Fish and Wildlife
Services, Natural Resources of the Mugu Lagoon, June 1976.

12. Telecon, Ron Dow, Biologist, Public Works Department, Naval Air Station,
Point Mugu Missile Test Center, November 1978.

13. Meeting with Alex Sheydai, Ventura County Public Works Department,
November 1978.

14. Letter from James J. McKevitt, Field Supervisor, U.S. Fish and Wildlife
Service, to Willis Thompsen, Jr., Soil Conservation Service, re: f lood
control improvements along Calleguas Creek, June 10, 1978.

15. Ventura County Planning Department, General Plan Amendment 75-1, Final
Environmental Impact Report, 1975.

16. Ventura County Public Works Agency, Wildlife and Vegetation Report for
the North.Coast Envi ronmental Impact Report, 1977.

17. Ventura County Environmental Resource Agency, Environmental Services,
Ventura County North Coast Search Survey, 1978.

18. Letter to Carl C. Hetrick, South Central Coast Reg ional Coastal
Commission, from Robert D. Montgomery, State Department of Fish and
Game, re: Ventura County Local Coastal Program Issue Identification,
July 1978.

19. Santa Monica Mountains Comprehensive Planning Commission, and, the,
California Coastal Commission, Cumulative Impacts of Potential Development
in the Santa Monica Mountains Coastal Zone, November 1978.

PERSONS AND ORGANIZATIONS CONSULTED

1. Ron Dow, Biologist, Public Works Department, Point Mugu Naval Air State,
Missile Test Center.

2. Maeton C. Freel, U.S. Fish and Wildlife Service, Laguna Niguel, CA.

3. William G. Hayclon, Ventura County Flood Control District.

4. Bill Lockard, Staff Conservationist, Ventura County Flood Control District.

5. Don Louviere, Conservationist, U.S. Soil Conservation Service.

6. Ron McCall, Supervisor, Channel Islands Area Park Units, State
Department of Parks and Recreation.

7. Rick Pierson, Point Mugu State Park, State Department of Parks and
Recreation.

8. Fran Sallas, Ventura County Flood Control District.

9. Jim Schulyer, State Department of Fish and Game.

10. Alex Sheydai, Ventura County Flood Control District.

11. Steven Stanley, LCP Coordinator, South Central Coast Regional Commission
Staff.

BIBLIOGRAPHY

1. Angeles Chapter - Sierra Club Santa Monica Mountains Task Force. La
Jolla Valley E21ELt Mugu State Park.

2. Bakker, Elna. An Island Called California. University of California
Press, 1972.

3. Bureau of Sports Fisheries and Wildlife - California Department of Fish and
Game. Acquisition Priorities for Coastal Wetlands of California.
April, 1974.

4. California Department of Fish and Game. fish and Wildlife Plan, Volume 1.
Summary. 1966.

5. California Department of Fish and Game. At the Crossroads. January,
1976.

6. California Department of Fish and Game. Fish and Wildlife Resources of
Five Proposed Onshore Liquified Natural Gas Terminal Sites. March,
1978.

7. California Department of Fish and Game and U.S. Fish and Wildlife
Service. The Natural Resources of Mugu Lagoon. June, 1976.

8. California Department of Fish and Game. -Least Tern Status Report. July,
1978.

9. California Department of Fish and Game. A Census of the Breeding
Population of the Belding's Savannah Sparrow in California. 1977.

10. California Department of Fish and Game. Water Quality and Quantity
Problems of Fish and Wildlife, Santa C@_ara River-4A. September,
1972.

11. California Department of Parks and Recreation. Preliminary Summary of
Recommendations for Santa Barbara - Ventura, Coastal State Parks
General Plan. November, 1978.

12. California Department of Parks and Recreation. Santa Monica Mountains
State Parks, Resource Management and Gen4;-ral Development Plans.
November, 1976.

13. California Resource Agency. Policy for Preservation of Wetlands in
Perpetuity. 1977.

14. Gosselink, James, et. al. The Value of the Tidal Marsh. Center for
Wetland Resources, May, 1974.

15. Hedgpeth, Joel and Hinton, Sam. Common Seashore Life of Southern
California. Naturegraph, 1961.

16. International Association of Plumbing and Mechanical Officials. Uniform
Plumbing Code. 1973.

17. McHarg, Ian. Design with Nature. The American Museum of Natural
History, 1969.

18. Santa Monica Mountains Comprehensive Planning Commission. Preliminary
Report Santa Monica Mountains Comprehensive Plan. July, 1978.

19. Santa Monica Mountains Comprehensive Planning Commission and the
California Coastal Commission. Cumulative Impacts of Potential
Development in the Santa Monica Mountains Coastal Zone. November,
1978.

20. Small, Arnold. The Birds of California. Collier Books, 1974.

21. Ventura-County Superintendent of Schools. Tidepool Resource Protection
Plan. 1973 - 1974.

22. U.S. Fish and Wildlife. Rare and Endangered Species and the Coastal
Planner. April, 1978.

23. U.S. Fish and Wildlife. Proposed Determination of Light Footed Clapper
Rail Critical Habitat. 1977.

24. U.S. Fish and Wild Life and California Least Tern Recovery Team. Least
Tern Recovery Plan. 1978.

25. Ventura County Environmental Resource Agency. Coastal Study. 1974.

26. Ventura County Environmental Resource Agency, Environmental Services.
Ventura County North Coast Beach Survey. 1978.

27. Ventura County Planning Division. Open Space and Conservation
Elements. 1973.
28. Ventura County Public Works Agency. Wildlife and Vegetation Report for
the North Coast Environmental Impact Report. December, 1977.

29. Ventura Regional County Sanitation District. 208 Areawide Waste
Treatment Management Plan for Ventura County. May, 1978.

TD: pP97b

T'HOUSAND OAKS

-7@

13
POINT M(JGU

POINT DUME

COMPRIEHENST-V. E PLAN
MAP No. 6 WILDLIFE NETWORK

EXISTING3 STATE PARI(S

SIGNIFICANT ECOLOGICAL AREAS FROM LOS ANGELES COUNTY
CEPARTMOT OF REGIONAL PLANNING (INCLUDES BUFFER ZONES)

WILDLIFE NETt0ORK
17

State of California
SANTA MONICA MOUNTAINS
COMPREHENSIVE PLANNING
COMMISSION

ORDINANCE NO.

ENVIRONMENTAL OVERLAY DISTRICT ORDINANCE

An ordinance promoting the health,
safety and general welfare of the
citizens of
by amending the zoning
ordinance, adopting new sections
creating environmental overlay districts.

I. OVERLAY DISTRICTS IN GENERAL

1.1 Purpose and Intent

Overlay districts established by this ordinance are created for the purpose
of protecting environmentally sensitive areas within designated portions of
the - 1.

1.2 Scope

These districts shall overlay the zoning districts established by ordinance
number adopted t 3, so that any parcel of land
lying in an overlay district shall also lie in one or more of the established
zoning districts. Territory within an overlay district shall be subject to
the requirements established in this ordinance as well as restrictions and
requirements established by other applicable ordinance and regulations of
1. Within each adopted overlay district, all uses shall
be permitted in accordance with the regulations for the underlying zoning
district(s) provided, however, that such uses must satisfy the additional
requirements established in this ordinance before they are entitled to the
issuance of the appropriate development permit.
1.3 Establishment of Districts 2

The following overlay districts with their appropriate regulations ar'e hereby
established as a part of the zoning ordinance of
Minnesota:

Wetlands Overlay District
Woodlands Overlay District
Unique Habitat Overlay District
Soil Erosion Overlay District
Groundwater Recharge Overlay District
Restrictive Soils Overlay District

Those districts which will not be adopted by your local government should
be deleted from the above list.
Source: Environmental
Protection: Model ordinance for use by
local governments, twin cities metropolitan
council
15

1.4 Amendment

This ordinance, including the established districts and district regulations
and boundaries established herein may be amended by the . I pursuant
1 -7 -set forth at
to the procedure 'or amending ordinance number
section of that ordinance.
2. WETLANDS OVERLAY DISTRICT 4

2.1 Legislative Find.ings and Purpose

1. The of 1 finds that there are wetlands
within the 1 which, as part of the ecosystem,
are critical to the health, safety and welfare of the land, animals
and people within the I as wellas those within the
Metropolitan Area; that existing and potential development within
the I and the Metropolitan Area creates increasing
ecological problems and demands upon these resources and that these
problems and demands have the effect of despoiling, polluting,
eliminating or altering both the wetlands and their functions'(and
and processes associated therewith) which,if preserved and maintained
constitute important physical, aesthetic, recreational and economic
assets of existing and future residents of the 11. Therefor;
the purposes of' this ordinance are:

2. To provide for the protection, preservation, proper maintenance and
use of specified wetlands, to minimize the disturbance to them and 70
prevent damage from excessive sedimentation, eutrophication or
poliution, to prevent loss of fish and other acquatic organisms,
wildlife and vegetation and the habitats of the same;,to provide for
the protection of the Vs fresh water supplies from
the dangers of drought, overdraft, pollution, or mismanagement; to
secure safety from floods; to reduce the financial burdens imposed
upon the community through rescue and relief efforts occasioned by
the occupancy or use of areas subject to periodic flooding; to
prevent loss of life, property damage, and the losses and risks
associated with flood conditions; and to preserve the location,
character.and extent of natural drainage courses.

2.2 District Boundaries5

This ord-inance shall apply to wetland districts which are specifically
delineated on the official zoning map of the 1. For purposes
of determining the application of this ordinance to any particular parcel
of land or water,the above referenced map shall be on file in the office of
the 6 administrator and shall be available for inspection
and copying.

2.3 Definitions

a. Dimensional Requirement -- a minimum/maximum setback, yard reouire-
ment, or structure height or size established in Zoning Ordinance
number 3.

b. Development -- the construction, installation or alteration of
any structure, the extraction, clearing or other alteration of
terrestrial or aquatic vegetation, land or the course current or
cross section of any water body or water course or the division
of land into twoor more parcels.

c. Structure -- anything manufactured, constructed or erected which
is normally attached to or positioned on land, including portable
structures.

d. Person -- any individual, firm, corporation, partnership, assoc-
iation or other private or governmental entity.

e. Wetland -- a low area permanently or seasonably covered with shallow
water including marsh, swamp, bog, wet meadow, slough or inter-
mittent lake.

2.4 Wetland Permjt7

Except as hereinafter provided in this ordinance, no person shall perform
any development in'a wetland district without first having obtained a wetland,
permit (hereinafter referred to as Permit) from the

2.5 Exceotions

The permit requirements established by this ordinance shall not apply to:

a. Emergency work necessary to preserve life or property. When emer-
gency work is performed under this section, the person performing
it shall report the pertinent facts relating to,the work- to the
1 engineer (or 6 administrator) prior to
the commencement of work. The 6 administrator shall
review the facts and determine whether an emergency exists and
shall by writt-en memorandum authorize the commencement of the
emergency exception. A person commencing emergency work shall,
within ten days-following the commencement of that activity, apply
for the issuance of a wetlands permit and on the issuance thereof
may be required to perform such work as is determined to be reasonably
necessary to correct any impairment to the wetland occasioned by
such work.

b. The repair or maintenance of any lawful use of land existing on
the date of adoption of this ordinance.
2.6 Application for and Processinq of Permit8

a. A separate application for a permit shall be made to the
for each development activity for which a permit is required
except that only one application need be made for two or more such
acts which are to be done contemporaneously on the same parcel.
The application shall include a map of the site, a plan and the
estimated cost of the proposed development and other such engineering
data, surveys and other descriptive information as the 1
may require in order to determine the efFects of such development on
the wetland, including as appropriate; a specific description of the
type, amount and location of the development, a descri 'otion of the
ecological characteristics of the wetland, a conservation plan

describing actions to be taken to mitigate detrimental effects of
development and maps and data on soils, water table and flood
capacity of the wetland. When the proposed development includes
the construction or alteration of a structure, set of plans
thereof shall be submitted with the application.

b. The permit application shall be processed according to the procedures
specified by the processing of conditional or special use permits.
The permit may be processed at the same time and in connection
wit-h the processing of an application for a building permit or any
other permit required by ordinance of the

The stvidatds 5 et- . Jotth betow a;te teZativeZy inctuz.ive; ZocaZ gove,%nments
,shoutd seter--i- those which a,,?-e appZicabte to the tocatity aitd make apptopAic"te
additiom.

2.7 Permit Standards

No permit shall be issued unless the 1 finds and determines
that the proposed development complies with the following standards:

a. Filling -- a m-inimum amount of filling may be allowed when necessar,,.,
but in no case shall the following restrictions on total amount of
filling be exceeded. Since the total amount of filling which can
be permitted is limited, the when considering perm:t
applications shall consider the equal apportionment of fill oppor-
tunity to riparian land owners.

1. Total filling shall.not cause the total natural flood storace
capacity9 of the wetland to fall below the projected volume of
runoff from the whole developed wetland watershed generated by
a 6" rainfall in 24 hours.

2. Total filling shall not cause the total natural nutrient
stripping caDaCitylO of the wetland to fall below the nutrient
production of the wetland watershed for its projected develop-
ment.

3. Only fill free of chemical pollutants and organic wastes may
be used.

4. Wetlands shall not be used for solid waste disposal."

b. Dredging may be allowed only when a boat channel is required for
access to a nav.1gable lake or for a marina or when it will not
have a substantial or significantly adverse effect upon the ecol-
ogical and hydrologic characteristics of the wetland. Dredging
when allowed shall be limited as follows:

1. It shall be located so as to maximize the activity in the arep-3
of lowest vegetation density.

2. It shall not significantly change the water flow characteristics.

3. The size of the dredged area shall be limited to the absolute
minimum.

4. Disposal of the dredged material shall not result in a
significant change in the current flow, or in substantial
J,es destruction of vegetation, fish spawning areas or water
ans pollution.

5. Work in the wetland will not be performed during the breeding
season of water fowl or fish spawning season.
.,cedu res
,its.
6. Only one boat channel or marina shall be allowed per large-
any scale development.

7. In other residential developments, dredging shall be located
so as to provide for the use of boat channels and marinas by
two or more adjacent property owners.

8. The width of the boat channel to be dredged shall be no more
than the minimum required for the safe operation of boats at
minimum operating speed.
ies c. Discharges
@ssary 1. No part of any sewage disposal system requiring oh-land or in-
- of ground disposal of waste shall be located closer than 150 feet
ian from the normal high water mark unless it is proven by the
permit applicant that no effluent will immediately or gradually reach
or- the wetland because of existing physical characteristics of
the site or the system.

2. Organic waste which would normally be disposed of at a solid
ge waste disposal site or which would normally be discnarged into
of a sewage disposal system or sewer shall not be directly or in-
by directly discharged to the wetland.

3. Stormwater runoff from construction sites may be directed to
ant the wetland only when substantially free of silt, debris and
)P- chemical pollutants and only at rates which will not disturb
vegetation or increase turbidity.

d. Building Constraints

1. The lowest floor elevation of buildings if used for living
quarters or work area shall be at least three feet above the
seasonal high water level of the wetland.

2. Development which will result in unusual road maintenance costs
or utility line breakages due to soil limitations, including
high frost action shall not be permitted.

e . Vegatation
aas No wetland vegetation may be removed or altered except that
reasonably required for the placement of structures and use of
:ics. property.

2.8 Conditionsil

A permit may be approved subject to compliance with reasonable conditions
which are specifically set forth in the permit and are necessary to insure
compliance with the requirements contained in this ordinance. Such con-
ditions may, among other matters, limit the size, kind, or character of the
proposed work, require the construction of other structures, require replace-
ment of vegetation, establish required monitoring procedures and maintenance
activity, stage the work over time, require the alteration of the site design
to ensure buffering, require the provision of a performance bond, or require
the conveyance to the 1 or another public entity of certain
lands or interest therein. The dimensional requirements of the underlying
zoning district(s) may be modified in furtherance of the purpose of this
ordinance by express condition contained in the permit.
2.9 Time of Permit Extensions; Renewals12

a. A permittee shall begin the work authorized by the permit within
sixty (60) days from the date of issuance of the permit unless a
different date for the commencement of work is set forth in the
permit. The permittee shall complete the work authorized by the
permit within the time limits specified in the permit which in no
event shall exceed more than twelve months from the date of issuance.
The permittee shall notify the 6 administrator at least
ti@ienty-four hours prior to the initial commencement of work. Shculc@
work not be.commenced as specified he@rein, the permit shall become
void; provided, however, that if prior to the date established
for commencement of work, the permittee makes written request to
the administrator for an extension of time to commence
the work, setting forth the reasons for the required extension, the
administrator may grant such extension. A permit which has become
void may be renewed at the discretion of the I upon Paymert
of a renewal fee. If the I does not qrant such renewal,
a permit for such work may be granted only upon compliance with the
procedures herein established for an original application.

b. Notice of Completion:

A permittee shall notify the administrator in writing
when he has finished the work. No work shall be deemed to have
been completed until approved in writing by the 6
administrator following such written notification.

C. InSDeCtion:

The administrator may cause inspections of the work to be made
periodically during the course thereof by himself or a member of t-;e
6 staff and shall cause a final inspection to be made
following the completion of the work. The permittee shall assist
the administrator in making such inspections.
2.10 Responsibility; Effect`13

a. Responsibility. Neither the issuance of a permit nor compliance
the conditions thereof, nor with the provisions of this ordinance
shall relieve any person from any responsibility otherwise imposed
law for damage to persons or property; nor shall the issuance of anY

permit hereunder serve to impose any liability on the of
I or its officers or employees for injury or damage to persons
or property. A permit issued pursuant to this ordinance shall not
relieve the permittee of the responsibility of complying with any
other requirements established by law, regulation, or ordinance.

b. Penalty. Any person who violates the provisions of this ordinance
shall be guilty of a misdemeanor and may be fined in such amount as
is authorized by ordinance number of 3.

C. Severability. If any part of this ordinance is held to be uncon-
stitutional or otherwise illegal, the remainder of this ordinance
shall be deemed and held to be valid and remain in force and effect
as if such portion had not been included herein. If this ordinance
or any provision herein is held to be inapplicable to.any person,
property or work, such holding shall not affect the applicability
hereof to any other person's property or work.

d. Special Assessment. The land within a designated wetlands district
area which is restricted hereby or for which a development or
other restrictive easement is conveyed to the 1 shall not be
subject to spec;al assessments levied by I to pay the costs of
public water, sewer, curb, gutter or other public municipal improve-
ments for which such assessments are authorized pursuant to Minnesota
Statutes Chapter 429.

e. Variance. Th ,e may authorize in specific cases
following appeal and hearing a variance from the provisions of this
ordinance where the literal application of the ordinance would result
in a substantial inequitable hardship to an applicant property owner.
In assessing hardship, the shall balance the
severity of the physical, social and economic effects of the literal
application against the interests of the in effecting
the purposes of this ordinance as expressed above. Economic consid-
erations alone'shall not constitute a hardship if a reasonable use
for the property exists under the terms of the ordinance. No variance
may be granted which would allow any use that is prohibited in the
zoning district in which the subject property is located. A variance
shall be granted in writing accompanied by specific findings of fact
as to the necessity for the grant of the vari.ance and its specific
provisions.

4. UNIQUE HABITAT OVERLAY DISTRICT
4.1 Legislative Findinos and Purpose18
1. The* of I finds that within the
there are areas which contain unique natural resources and/or
endangered species or animals; that existing and potential devel-
opment within the 1 and the Metropolitan@Area if unplanned
may have the impact of desspoiling or eliminating these resources
which, if preserved and properly managed will provide educational,
recreational, scientific, aesthetic and conservation benefits for
existing and future residents of the 1. Therefore,
the purposes of this overlay district are:
2. To promote the health, safety and general welfare of the citizens
of I by protecting, preserving and properly managing
unique resource areas and unique and/or endangered species of
plants or animals which oooulate these areas from the impact of
unplanned development; and'to manage said areas and species for
educational, recreational, scientific, aesthetic and conservation
purposes.

4.2 District Boundaries 19

This overlay zoning ordinance shall apply to Habitat Districts which are
specifically delineated on the official zoning map of the
For purposes of determining the application of this ordinance to any
particular parcel of land or water, the above referenced-map shall be on
file in the office of the 6 administrator and shall be availabi
for inspection and copying.

Unique habitat areas are extremely rare within the Metropolitan Region.
This ordinance is vulnerable to constitutional challenge if applied too
broadly. Consquequently, care should be taken when identifying districts
and establishing boundaries.

4.3 Definitions

a. Development -- the,construction, installation or alteration of any
structure, the extraction, clearing or other alteration of terrestr;E
or aquatic vegetation, land or the course current or cross section of
any water body or water course or the division of land into two or
more parcels.

b. Dimensional Requirement -- minimum and maximum setbacks., yard
requirements, or structure height or size restrictions established
in zoning ordinance No. 3.

c. Structure -- anything manufactured, constructed or erected which
is normally attached to or positioned on land, including portable
structures.
4..4 Habitat Permit 20

a. Except as hereinafter provided in this ordinance, no person shall
perform any development in a Habitat Overlay Distric t without
first having obtained a Habitat Permit (hereinafter referred to
as Permit) from the 1.

4.5 Exceptions

The permit requirements established by this overlay shall not apply to:

1. Emergency work necessary to preserve life or property. When
emergency work is performed under this section, the person
performing it shall report the pertinent facts relating to the
work to the 6 (or administrator) prior to the commencement
of the work. The 6 administrator, following review,
shall determine whether an emergency exists and shall by written
memorandum authorize the commencement of the enercency exception.
A person commencing emergency work shall, within ten days follcwinc
the commencement of that activity, apply for the issuance of a
permit and on the issuance thereof may be required to perform
such work as is determined to be reasonably necessary to correct
any impairment, or detriment to the natural area occasioned by
such work.

2. Work consisting of the alteration, repair or maintenance of any
lawful use of land existing at the date of adoption of this
0' ordinance.
4.6 Application for and Processing of Permit 21

a. A separate application for a permit shall be made to the
vailab), I for each development except that only one application
need be made for two or more such acts which are to be done contem-
poraneously on the same parcel. The application shall include a map
of the site and a plan and cost estimate of the proposed development
and other engineering data, surveys and other information and
materials as the -1 may require in order to determine
.the effects of such development on the affected land, water, plants
and animals. When proposed work includes construction or alterations
of structures, . set of plans and specifications for such work
any shall be submitted with the application.
-estria b. The permit application shall be processed in accordance with procedures
-!on of specified for the processing of conditional or special use permits and
D or
the permit may be processed at the same time and in connection with
the processing of an application for a building permit or any other
permit required to be granted by ordinance of
zhed h.7 Permit Standards22

No permit shall be issued unless the I finds and determines
that the proposed development complies with the following standards:

1. Structures, including-utilities and roadways shall be sit ed so as to
minimize the impact on natural areas and unique plant and animal
species within the district.

2. No substantial alteration of the natural environment or removal of
..vegeta.tion may be permitted, when such alteration or removal would
significantly diminish the scientific, historical, educational,
recreational, or aesthetic value of the resource or where the alter-
ation or removal would remove a unique or endangered plant species
or the supporting environment or critical habitat of a unique or
endangered animal species, or where such activities would have a
significant detrimental impact upon the food supply, security and
reproductive cycle of the species.

3. The noise level during and following development may not exceed the
State of Minnesota standards for nature exhibits set forth in
;nt Minnesota Requ4ations NPC-1, 2 which are hereby incorporated herein
ew, by reference.

4. The vibration level, including the generation of vibrations during
Ing construction, shall not be allowed to reach a level which ..jould
endanger fragile resources including geological features.

D Public access to historically significant natural resource areas or
unique and endangered species of plants and animals should be
controlled and limited so as to minimize the intrusion and impact
upon the resources.

6. No uses likely to generate air pollution which will be toxic to
plants or animals or otherwise detrimental to the reso-urce shall
be allowed.

7. Development shall not detrimentally affect the existing water
quality including the chemical, biological and turbidity charac-
teristics of any water body or wazer course.

8. Development shall not cause extreme fluctuations of water levels or,
unnatural changes in water temperature or changes in water currents
or movements which may have significant impact on endangered or
unique species of the natural resource area.
4.8 Conditions23

A permit may be approved subject to com 'oliance with reasonable conditions
which are specifically set forth in the permit and are necessary to insure
compliance with the requirements contained in this ordinance. @uch conditior
may, among other matters,. limit the size, kind or character of the proposed
work, require the constructi@on of other structures, require replacement of
vegetation, establish required monitoring procedures, require the staging of
the work over time, require the alteration of the site design to insure
buffering, require the provision of a performance,bond, and/or require the
conveyance to the I or other public entity of certain lands or
.interest therein. The dimensional requirements of the underlying zoning
district(s) may be modified in furtherance of the purpose of this ordinance
by express condition contained in the per-mit.
4.9 Time of Permit - Exteris ions; Renewals24

a. A permittee shall begin the work authorized by the permit within
sixty (60) days from the date of issuance of the permit unless a
different date for the commencement of work is set forth in the
permit. The permittee shall complete the work authorized by the
permit within the time limits specified in the permit which in
no event shall exceed more than twelve months from the date of
issuance. The 'cermittee shall notify the 6 administrator
at least twenty-four hours prior to the commencement of work.
Should the work not be commenced as specified herein, then the
permit shall become void; provided, however, that if prior to the
date established for commencement of work, the permittlee makes
written request to the 6 administrator for an extension
of time to commence the work, setting forth the reasons for the
required extension, the administrator may grant such extension.
A permit which has become void may be renewed at the discretion
of the I upon payment of renewal fee. 11' the I
does not grant such renewal, a permit for such ,,iork may be granted
only upon compliance with the procedures hereinestablished for
an original application.

b. Notice of Comoletion:

The permittae shall notify the 6 administrator in writna
of the finishing of the.work autnorized and no work shall be de@...e-a'
to have been completed until approved in writing by the adminis-
trator following such written notification,

C. Inspection:

The administrator may cause inspections of the work to be made
periodically during the course thereof by himself or a member of
the 1 staff and shall cause a final inspection to be
made following the completion of the work. The permittee shall
assist the administrator in making such insoections.
Responsibility; Effect 25

a. Responsibility. Neither the issuance of a permit nor compliance
with the conditions thereof, nor with the provisions of this
ordinance shall relieve any person from any responsibility other-
wise imposed by law for damage to persons or property; nor shall
the -issuance of any permit hereunder serve to impose any liability
on the of I or its officers or employees for
injury or damage to persons or property. A permit issued pursuant
to this ordinance shall not relieve the permittee of the respon-
sib!] ity for securing and complying with any other requir-aments
established by law, regulation, or ordinance.

b. Penalty. Any person who violates the provisions of this ordinance
shall be guilty of a misdemeanor and may be fined in such amount
as is authorized by ordinance number of .3.

C. Severability. If any part of this ordinance is held to be uncon-
stitutional or otherwise illegal, the remainder of this ordinance
shall be deemed and held to be valid and remain in force and effect
as if such portion had not been included herein. If this ordinance
or any provision herein is held to be inapplicable to any person
property or work, such holding shall not affect the applicability
hereof to any other person's property or work.

d. Variance. The may authorize in specific cases
following appeal and hearing a variance from the provisions of
this ordinance where the literal application of the ordinance would
result in a substantial inequitable hardship to an applicant
property owner. In assessing hardship, the shall
balance the severity of the physical, social'and economic effects
of the literal application again'st the interests of the
in effecting the purposes of this ordinance as expressed above.
Economic considerations alone shall not constitute a hardship if
a reasonable use for the property exists under the terms of the
ordinance. No variance may be granted which would allow any use
that is prohibited in the zoning district in which the subject
property is located. A variance shall be granted in writing
accompanied by specific findings of fact as to the necessity for
the grant of the variance and its specific provisions.

@20 N E
36668 1410398
CENTER
85