157.215 Review of regulated activities.
(A) Purpose. The purpose of this section is to provide an assessment process and criteria for local review and comment on state and federal permit applications that could potentially alter the integrity of the estuarine ecosystem.
(B) Regulated activities. Regulated activities are those actions which require state and/or federal permits and include the following:
(1) Fill (either in excess of 50 cubic yards or fill if less than 50 cubic yards requires a Section 10 or Section 404 permit from the U.S. Army Corps of Engineers);
(2) Dredging (either dredging in excess of 50 cubic yards within a 12-month period; or dredging if less than 50 cubic yards which requires a Section 10 permit from the U.S. Army Corps of Engineers);
(3) Dredged material disposal;
(4) Piling and/or dolphin installation;
(5) Shoreline stabilization, bank-line or streamline alteration involving fill or dredging in excess of 50 cubic yards; and
(6) In-water log storage.
(C) Procedure for reviewing regulated activities. Review of state and federal permit notices is a function of the Planning Commission.
(1) Regulated activities and any associated use or uses as a whole shall be reviewed according to the requirements of the zone(s) in which the proposed uses and activities are to be located (§§ 157.210 through 157.214 of this chapter), standards relevant to the proposed uses and activities (§ 157.216 of this chapter), an impact assessment (division (E) below), resource capability and purpose determinations where applicable (division (F) below), requirements for degradations or reductions of estuarine natural values where applicable (division (G) below) and comments from state and federal agencies having responsibility for permit review (division (H) below).
(2) Based on this review, the Planning Commission will decide whether the proposed uses and activities comply with this chapter and will forward this decision to the appropriate permitting agencies and the permit applicant prior to the final date set for comments. Decisions of the Planning Commission may be appealed (division (I) below).
(D) Zone requirements.
(1) Uses and activities shall be allowed only if they are allowed in the zones in which they are to be located. Accessory uses proposed for adjacent upland areas must be allowed in the upland zones in which they are to be located.
(2) Uses that are permitted with standards must comply with the standards of § 157.216 of this chapter.
(3) Uses listed as conditional uses shall be reviewed according to the procedures of §§ 157.345 through 157.354 of this chapter and the standards of § 157.216 of this chapter.
(4) If a conditional use review is required, the Planning Commission shall notify the applicant and state and federal permitting agencies and shall request an extension of the comment period.
(E) Impact assessments.
(1) The Planning Commission shall, with the assistance of affected state and federal agencies, develop impact assessments for regulated activities. Federal environmental impact statements or assessments may be substituted if made available to the Planning Commission.
(2) The following considerations must be addressed in the impact assessment:
(a) The type and extent of alterations expected;
(b) The type of resource(s) affected including, but not limited to, aquatic life and habitats, riparian vegetation, water quality and hydraulic characteristics;
(c) The expected extent of impacts of the proposed alteration on water quality and other physical characteristics of the estuary, living resources, recreation and aesthetic use, navigation and other existing and potential uses of the estuary;
(d) The methods that could be employed to avoid or minimize adverse impacts;
(e) Navigation and public access to the water; impacts on present and/or anticipated use; and
(f) Engineering of structures; ability to withstand expected forces.
(F) Requirements for resource capability determinations.
(1) Uses and activities for which a resource capability determination is required by § 157.216 of this chapter shall be allowed only if they are found to be consistent with the resource capabilities of the management unit(s) and the purposes of the zone(s) in which they are to be located.
(2) An activity will be found to be consistent with the resource capability of a management unit (as described in § 2 of the Estuarine Resources Element of the County Comprehensive Plan) when either:
(a) The impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant; or
(b) The resources of the area are able to assimilate the use and activity and their effects; and continue to function in a manner consistent with the purposes of the zone. The resource capability determination shall be based on information generated by the impact assessment.
(G) Significant degradations or reductions of estuarine natural values.
(1) Significant degradations or reductions of estuarine natural values include dredging, fill and other activities that will cause significant offsite impacts as determined by the impact assessment (division (E) above).
(2) Dredging and fill must comply with the standards in division (E) above and this division (G).
(3) Other reductions and degradations of estuarine natural values shall be allowed only if:
(a) A need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights;
(b) No feasible alternative upland locations exist; and
(c) Adverse impacts are minimized as much as feasible.
(H) State and federal reviewing agency comments.
(1) In the review of regulated activities, the Planning Commission shall notify the following agencies:
(a) State Department of Fish and Wildlife;
(b) State Division of State Lands;
(c) State Department of Land Conservation and Development;
(d) State Department of Economic Development;
(e) U.S. Fish and Wildlife Service;
(f) National Marine Fisheries Service;
(g) Environmental Protection Agency; and
(h) U.S. Army Corps of Engineers.
(2) Notice will be mailed within seven days of receipt of the state or federal permit notice.
(a) The notice will include permit reference, identification of the local decisions to be made, references to applicable policies and standards and notification of comment and appeal periods.
(b) The Planning Commission shall consider any comments received no later than seven days before the closing date for comments on the state or federal permit notice.
(I) Appeals.
(1) Planning Commission decisions on regulated activities may be appealed according to the requirements of § 157.216 of this chapter. Planning Commission decisions on regulated activities that involve a conditional use may be appealed according to the requirements of § 157.216 of this chapter.
(2) If the decision of the Planning Commission is appealed, the Planning Commission shall notify the appropriate state and federal permitting agencies and shall request an extension to the comment period to allow for the local appeals process. (Ord. 80-2, passed 06/14/2010)