SANTA BARBARA COUNTY ZONING ADMINISTRATOR
STAFF REPORT
May 29, 2015
PROJECT:
HEARING DATE:
STAFF/PHONE:
Circle G Ranch Fish Passage
June 15, 2015
Sean Herron, (805) 568-3510
GENERAL INFORMATION
Case No.
15CDH-00000-00007
Assessor’s Parcel Numbers:
001-040-026 and 001-040-004
Applicant/Agent:
Mauricio Gomez
South Coast Habitat Restoration
P.O. Box 335
Carpinteria, CA 93014
(805) 729-8787
Owners
Nelson Pinkham
2065 Lillingston Canyon Road
Carpinteria, CA 93013
Circle G Ranch LLC - Carl Perkins
(Owner of 1969 Lillingston Canyon Road)
P.O. Box 15185
Beverly Hills, CA 90209
1.0 EXECUTIVE SUMMARY
The proposed Coastal Development Permit is to permit removal of an existing bridge spanning Carpinteria
Creek, construction of a replacement 53 feet by 14 feet prefabricated span bridge, removal of 98 linear feet
of concrete stream bed channel, and reconfiguration of the stream bed using natural material and native
vegetation habitat restoration. The purpose of the project is to improve stream habitat and remove barriers to
upstream migration for steelhead trout. The project would be implemented by South Coast Habitat
Restoration through grant funding provided by the California Department of Fish and Wildlife (CDFW).
CDFW also prepared a Mitigated Negative Declaration as environmental review for the project. The project
is consistent with all applicable policies of the County Comprehensive Plan, including the Coastal Land Use
Plan, and with all requirements of the Article II Coastal Zoning Ordinance.
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Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
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2.0 REQUEST
Hearing on the request of Mauricio Gomez, South Coast Habitat Restoration, to consider Case No. 15CDH00000-00007, [application filed on March 31, 2015] for a Coastal Development Permit in compliance with
Section 35-169 of the Article II Coastal Zoning Ordinance, on two properties zoned AG-I-10 to allow
replacement of an existing bridge and restoration of the adjacent creek bed and banks, and to approve the
Addendum to the California Department of Fish and Wildlife Mitigated Negative Declaration for the 2015
Fisheries Restoration Grant Program pursuant to the State Guidelines for Implementation of the California
Environmental Quality Act. There are no new significant environmental impacts as a result of this
modification request. The original ND identified significant but mitigable effects on the environment in the
following categories: Biological Resources, Cultural Resources, Geology and Soils, Hazardous
Materials, Hydrology and Water Quality, and Noise. The Addendum to the ND and all documents
referenced therein may be reviewed at the Planning and Development Department, 123 East Anapamu
Street, Santa Barbara.
The application involves APNs 001-040-004 and 001-040-026, located at 2065 Lillingston Canyon Road and
1969 Lillingston Canyon Road in the Carpinteria area, First Supervisorial District.
3.0 RECOMMENDATION
Follow the procedures outlined below and conditionally approve Case No. 15CDH-00000-00007 as depicted
on the site plans (Attachment D), based upon the project's consistency with the Comprehensive Plan,
including the Coastal Land Use Plan, and the ability to make the required findings.
The Zoning Administrator’s action should include the following:
•
Make the required findings for the project as specified in Attachment A of this staff report, including
CEQA findings;
•
Determine that the Addendum to the State of California Department of Fish and Wildlife Mitigated
Negative Declaration for the 2015 Fisheries Restoration Grant Program, included as Attachment B,
together with the Mitigated Negative Declaration, are adequate for this proposal, and adopt the
mitigation monitoring program contained in the conditions of approval; and,
•
Approve the project subject to the Conditions of Approval in Attachment C.
4.0 PROJECT SPECIFICATIONS
Site Size: 6.08 acres (001-040-026); 5.41 acres (001-040-004)
Comprehensive Plan Designation: Rural, Coastal, A-1-10 (10-acre minimum parcel size)
Ordinance/Zoning: Article II Coastal Zoning Ordinance, Coastal Commission appeals
jurisdiction, AG-I-10
Surrounding Use, Zoning:
North: AG-I-10, agricultural production
South: AG-I-10, agricultural production
East: AG-I-10, agricultural production
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Hearing Date: June 15, 2015
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West: AG-I-10, agricultural production
Water: Carpinteria Valley Water District. 2065 Lillingston
Canyon Road also has a private well.
Sewer: Existing private septic system
Fire: Carpinteria-Summerland Fire District
Access: Lillingston Canyon Road
Police: County Sheriff
History: Previous creek restoration project overseen by South Coast Habitat
Restoration on APN No. 001-040-004 in 2012.
Present Use and Development: Avocado orchards, bridge, single-family residence at 001-040-026;
avocado orchards and bridge on 001-040-004 from prior creek
restoration project.
Services/Systems:
The proposed project includes a Coastal Development Permit to allow replacement of an existing bridge and
restoration of a portion of the bed and banks of Carpinteria Creek, including:
a. Removal of an existing bridge and abutments and replacement with a new 53-foot long/14-foot wide
prefabricated span bridge and new abutments;
b. Grading amounts to include approximately 2,085 cubic yards of cut, 770 cubic yards of fill, 1,180
cubic yards of imported rock, and 1,135 cubic yards of export;
c. Removal and re-grading of near vertical stacked rock stream bank walls to an approximately 2:1
slope;
d. Replacement of any native trees lost during construction at a 2:1 ratio, which includes replacement
of one native Coast Live Oak with two 25-gallon trees on site and two Western Sycamores with at
least four 5-gallon sycamores;
e. Restoration of approximately 7,000 square feet of creek banks within the riparian corridor to include
installation of erosion control fabric and re-vegetation with native seeding and plants (~200 1gallon) and live stakes (100);
f. Replacement of removed avocado and other fruit trees on a 1:1 basis in coordination with property
owners;
g. Restoration of 325 lineal feet of creek bed to a stable gradient and installation of streambed material
that matches the size and gradation of the surrounding channel material;
h. Removal and relocation of water and electrical lines spanning the existing bridge;
i. Re-grading of road approaches, paving, and chip sealing of the driveway (~1,960 sq. ft. total);
j. Installation of one large woody debris structure to create pool habitat within the creek (made from
Coast Live Oak proposed for removal); and
k. Site maintenance including:
1. Removal of non-native invasive plants during the growing season (Dec-June) on a monthly
basis for year 1 and on a quarterly basis for years 2 and 3;
2. Bi-monthly irrigation in the dry season during year 1; and
3. Replacement plantings of cuttings, nursery stock or acorn as necessary to account for
mortality;
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5.0 PROJECT ANALYSIS
5.1
Comprehensive Plan Consistency
REQUIREMENT
DISCUSSION
Aesthetics
CA Coastal Act Sec. 30251: The scenic and Consistent. The proposed project would
visual qualities of coastal areas shall be include restoration of the bed and banks of a
considered and protected as a resource of portion of Carpinteria Creek in order to
public importance. Permitted development improve steelhead trout habitat. The project
shall be sited and designed to protect views to would include removal of an existing bridge
and along the ocean and scenic coastal areas, to and abutments and replacement with a new 53
minimize the alteration of natural landforms, to foot long/14 foot wide span bridge with new
be visually compatible with the character of the abutments. The bridge replacement would
surrounding area and, where feasible, to restore facilitate widening of the creek bed to remove
and enhance visual quality in visually degraded barriers to upstream migration of steelhead.
areas.
The proposed project includes extensive revegetation. Grading associated with the project
CLUP Policy 4-3: In areas designated as rural is designed to reduce creek channelization.
on the land use plan maps, the height, scale, Therefore, following its completion, the
and design of structures shall be compatible proposed project will be visually compatible
with the character of the surrounding natural with the character of the surrounding area and
environment,
except
where
technical will return the topography of the creek to a
requirements dictate otherwise. Structures shall more natural (pre-channelized) state.
be subordinate in appearance to natural
landforms; shall be designed to follow the The existing bridge is constructed of an aged
natural contours of the landscape; and, shall be steel support structure with stone railings. The
sited so as not to intrude into the skyline as proposed replacement bridge would be
seen from public viewing places.
constructed of steel and wood, including wood
railings, and would be compatible with the
rural character of the existing surrounding area.
The scale of the bridge would be similar to the
existing bridge and would be subordinate in
appearance to surrounding natural landforms.
Biological Resources
CLUP Policy 9-37: The minimum buffer strip Consistent: The proposed project would
for major streams in rural areas, as defined by replace an existing bridge spanning Carpinteria
the land use plan, shall be presumptively 100 Creek and would modify/restore the bed and
feet, and for streams in urban areas, 50 feet. banks of the creek to improve steelhead trout
These minimum buffers may be adjusted habitat. This work would necessarily occur
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Case No. 15CDH-00000-00007
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REQUIREMENT
upward or downward on a case-by-case basis.
CLUP Policy 9-38: No structures shall be
located within the stream corridor except
public trails, dams for necessary water supply
projects, flood control projects where no other
method is necessary for public safety or to
protect existing development; and other
development were the primary function is for
the improvement of fish and wildlife habitat.
Culverts, fences, pipelines, and bridges (when
support structures are located outside the
critical habitat) may be permitted when no
alternative route/location is feasible. All
development shall incorporate the best
mitigation measures feasible.
CLUP Policy 9-40: All development,
including dredging, filling, and grading within
stream corridors, shall be limited to activities
necessary for the construction of uses specified
in Policy 9-38 (i.e., public trails, flood control
projects, etc.).
CLUP Policy 9-41: All permitted construction
and grading within stream corridors shall be
carried out in such a manner as to minimize
impacts from increased runoff, sedimentation,
biochemical degradation, or thermal pollution.
CLUP Policy 2-11: All development,
including agriculture, adjacent to areas
designated on the land use plan or resource
maps as environmentally sensitive habitat area
shall be regulated to avoid adverse impacts on
habitat resources.
Regulatory measures
include, but are not limited to, setbacks, buffer
zones, grading controls, noise restrictions,
maintenance of natural vegetation, and control
of runoff.
DISCUSSION
inside the 100-foot creek buffer. However,
consistent with Coastal Land Use Plan (CLUP)
Policy 9-38, the primary function of the bridge
replacement and restoration project is to
improve fish and wildlife habitat on-site. In
addition, consistent with CLUP Policy 9-38,
the bridge cannot be removed or replaced in an
alternate location because the existing bridge
serves as the only access point over Carpinteria
Creek to an existing home. Without the bridge,
the home would be inaccessible.
Consistent with CLUP Policy 9-40, dredging,
filling, and grading within the stream corridor
would be limited to activities necessary for the
construction of uses specified in Policy 9-38.
The project would include excavation of
approximately 2,085 cubic yards, 770 cubic
yards of fill, 1,180 cubic yards of imported
rock, and 1,135 cubic yards of export. The
concrete and rip-rap material that currently
armors portions of the bed and bank of the
creek will be replaced with boulder keyways,
slopes planted with native willows/sycamores,
and a limited segment of rock slope protection
fabric (adjacent to the bridge abutments). The
proposed excavation and limited fill would
restore the creek banks to a stable gradient in
order to minimize the risk of slope failure and
erosion/sedimentation within the creek. All
dredging, filling, and grading within the stream
corridor included as a part of the proposed
project would be for the purpose of restoring
the creek to improve fish and wildlife habitat.
Mitigation Measures IV.C.1 through IV.C.10
identified on pages B-27 through B-28 in the
State of California Department of Fish and
Wildlife Mitigated Negative Declaration for
the 2015 Fisheries Restoration Grant Program
(Attachment B), and incorporated into the
project conditions of approval (Condition 28 in
Attachment C), set forth specific requirements
for riparian re-vegetation using native species,
success criteria for re-vegetation, removal of
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Case No. 15CDH-00000-00007
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REQUIREMENT
DISCUSSION
exotics/non-native species, erosion control, and
tree preservation.
Mitigation Measures VI.1 through VI.13
identified on pages B-31 through B-34 of the
MND in Attachment B, incorporated into the
project conditions of approval (Condition 30 in
Attachment C), set forth requirements to avoid
and mitigate temporary increases in surface
erosion, runoff, and sedimentation. Measures
include, but are not limited to, review of stream
crossing designs by CDFW, implementation of
erosion
control
measures
throughout
construction, soil stabilization, etc.
In addition, standard County conditions
incorporated into the project conditions of
approval (Conditions 40 and 41 in Attachment
C), require designation of construction
equipment storage and construction wash-out
areas to prevent runoff of polluted water.
CLUP Policy 9-36: When sites are graded or
developed, areas with significant amounts of
native vegetation shall be preserved. All
development shall be sited, designed, and
constructed to minimize impacts of grading,
paving, construction of roads or structures,
runoff, and erosion on native vegetation. In
particular, grading and paving shall not
adversely affect root zone aeration and stability
of native trees.
Together, implementation of the various
conditions of approval would ensure
consistency with these policies addressing
biological resources.
Consistent: The proposed project includes
planting of 200 native riparian container stock
plants of 1-gallon in size. Oak and sycamore
trees removed during the project would be
replaced at a 2:1 ratio. In addition, the project
includes native tree staking using a minimum
of 100 willow and sycamore cuttings. Also, in
order to preserve mature trees, the proposed
project includes the use of tree protection
fencing during construction.
Together, implementation of the various
conditions of approval would ensure
consistency with these policies addressing
biological resources.
Cultural Resources
CLUP Policy 10-1: All available measures, Consistent:
A
Cultural
Resources
including purchase, tax relief, purchase of Investigation of the project area was conducted
development rights, etc., shall be explored to by William Rich of Humboldt State University
avoid development on significant historic, in April 2015 satisfying mitigation measure
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REQUIREMENT
DISCUSSION
prehistoric, archaeological, and other classes of V.1 from the State of California Department of
cultural sites.
Fish and Wildlife Mitigated Negative
Declaration for the 2015 Fisheries Restoration
CLUP Policy 10-2: When developments are Grant Program. No resources were identified
proposed for parcels where archaeological or as a result of the investigation. In addition, a
other cultural sites are located, project design UCSB Central Coast Information Center
shall be required which avoids impacts to such (CCIC) records search for the project area
cultural sites if possible.
identified no recorded resources within the
project area. Therefore no impact to cultural
CLUP Policy 10-3: When sufficient planning resources is expected as a result of the
flexibility does not permit avoiding proposed project consistent with these policies;
construction on archeological or other types of however, because the project would include
cultural sites, adequate mitigation shall be disturbance of the bed and banks of a creek and
required. Mitigation shall be designed in cultural resources are known to occur adjacent
accord with guidelines of the State Office of to creeks, measures have been applied which
Historic Preservation and the State of require work stoppage and evaluation of
California
Native
American
Heritage resources in the event that cultural materials
Commission.
are
unexpectedly
uncovered
during
construction.
Specifically, Mitigation Measures V.3 through
V.9 identified on pages B-28 through B-31 in
Attachment B and included Condition 29 in
Attachment C require that 1) work be stopped
within 20 meters in the event that unanticipated
human remains or cultural materials are found;
2) that these discoveries be evaluated by an
archeologist and/or that, a Native American
Most Likely Descendent (MLD) provides
recommendations; and 3) in the event that it is
impossible to avoid disturbance to significant
cultural or paleontological resources, that work
be discontinued. Implementation of these
conditions would ensure project consistency
with these policies.
Recreation/Public Access
CA Coastal Act Policy 30211. Development Consistent: The subject property is located
shall not interfere with the public’s right of nearly two miles from the coast and therefore
access to the sea where acquired through use, does not have the potential to impede public
custom, or legislative authorization, including, access to the coast nor to provide new access to
but not limited to, the use of dry sand and the coast. The proposed project would not
rocky coastal beaches to the first line of conflict with any established trails or identified
terrestrial vegetation.
potential trail corridors. Public access to the
beach is available approximately two miles
away at Carpinteria Beach and Santa Claus
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Case No. 15CDH-00000-00007
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REQUIREMENT
5.2
DISCUSSION
Lane Beach.
Zoning: Article II Ordinance Compliance
The subject property is on two parcels zoned AG-I. Pursuant to Article II, Section 35-68.1, “The purpose of
the Agriculture I district is to designate and protect lands appropriate for long-term agricultural use within
or adjacent to urbanized areas, and to preserve prime agricultural soils.” The proposed project would be
consistent with the purpose and intent of the AG-I zone district. The project would restore an on-site creek
and replace an existing bridge. 14 non-native orchard trees are proposed for removal, but impacts to
agricultural use of the land would be temporary and minor as the trees would be replaced at a 1:1 ratio. The
two sites would remain under their respective Agricultural Preserve contracts and would continue to sustain
avocado orchard production. In addition, the proposed bridge would comply with all other relevant ordinance
provisions in Article II.
5.3
Subdivision/Development Review Committee
The project was reviewed by the Subdivision and Development Review Committee (SDRC) on May 7, 2015.
At the meeting, Building and Safety staff indicated that a grading and building permit would be required at
the time of Building Permit application. The Air Pollution Control District (APCD) issued a letter, dated
April 9, 2015, requiring standard dust mitigations. The Carpinteria-Summerland Fire District indicated that
road width and design requirements would apply, and that they would provide a copy of plans stamped with
preliminary approval once they review a set of updated site plans. The Santa Barbara County Flood Control
& Water Conservation District indicated the project would be subject to the same conditions as prior creek
restoration projects and would submit a letter outlining these conditions. Condition 43 ensures compliance
with departmental condition letters, which are attached to the conditions of approval contained in Attachment
C. The remaining SDRC members had no questions, comments or conditions.
6.0 APPEALS PROCEDURE
•
The action of the Zoning Administrator may be appealed to the Planning Commission within the 10
calendar days following the date of the Zoning Administrator's decision by the applicant or an aggrieved
person. There is no appeal fee as the project is appealable to the Coastal Commission.
•
The action of the Planning Commission may be appealed to the Board of Supervisors within the 10
calendar days following the date of the Planning Commission’s decision by the applicant or an aggrieved
person. There is no appeal fee as the project is appealable to the Coastal Commission.
•
The action of the Board of Supervisors may be appealed to the Coastal Commission within ten (10)
working days of receipt by the Coastal Commission of the County's Notice of Final Action.
6.0 ATTACHMENTS
A.
Findings of Approval
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B.
C.
D.
E.
Addendum to CDFW Mitigated Negative Declaration and CDFW Mitigated Negative Declaration
Draft CDP with Conditions of Approval and attached Departmental letters
Site Plan
Existing Creek Photos
G:\GROUP\PERMITTING\Case Files\CDH\15 Cases\15CDH-00000-00007 Circle G Ranch\ZA Staff Report
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Page A-1
ATTACHMENT A: FINDINGS OF APPROVAL
1.0
1.1
CEQA FINDINGS
FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTIONS 15090 AND
15091:
1.
CONSIDERATION OF THE ADDENDUM AND FULL DISCLOSURE
The Zoning Administrator has considered the Addendum dated May 29, 2015 together with the
previous MND (State of California Department of Fish and Wildlife Mitigated Negative
Declaration for the 2015 Fisheries Restoration Grant Program). The Addendum reflects the
independent judgment of the Zoning Administrator and has been completed in compliance with
CEQA. The Addendum, together with the MND, is adequate for this proposal. On the basis of the
whole record, including the Addendum, the previously certified CEQA document, and any public
comments received, the Zoning Administrator finds that the project changes described in the
Addendum will not create any new significant effects or a substantial increase in the severity of
previously identified significant effects on the environment.
2.
LOCATION OF DOCUMENTS
The documents and other materials which constitute the record of proceedings upon which this
decision is based are in the custody of the Secretary of the Zoning Administrator, Planning and
Development Department located at 123 East Anapamu Street, Santa Barbara, CA 93101.
3.
ENVIRONMENTAL REPORTING AND MONITORING PROGRAM
Public Resources Code Section 21081.6 and CEQA Guidelines Section 15091(d) require the
County to adopt a reporting or monitoring program for the changes to the project that it has
adopted or made a condition of approval in order to avoid or substantially lessen significant
effects on the environment. The approved project description and conditions of approval, with
their corresponding permit monitoring requirements, are hereby adopted as the reporting and
monitoring program for this project. The monitoring program is designed to ensure compliance
during project implementation.
4.
FINDINGS ADDRESSING ADDENDUM ISSUE AREAS
The Addendum prepared for the project addresses the following issue areas: Biological and
Cultural Resources.
2.0 ADMINISTRATIVE FINDINGS
2.1 COASTAL DEVELOPMENT PERMIT FINDINGS
A. Finding required for all Coastal Development Permits. In compliance with Section 35-60.5 of
the Article II Zoning Ordinance, prior to issuance of a Coastal Development Permit, the
County shall make the finding, based on information provided by environmental documents,
staff analysis, and/or the applicant, that adequate public or private services and resources (i.e.,
water, sewer, roads, etc.) are available to serve the proposed development.
The proposed project involves creek restoration and replacement of a bridge. Therefore, no additional
services are required for the proposed project. The existing home at 1969 Lillingston Canyon Road is
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Page A-2
served by an existing private septic system and water service to the property is provided by a
combination of Carpinteria Water District service and an existing private water well. The property at
2065 Lillingston Canyon Road is used exclusively for agriculture and currently has no structures
aside from an existing bridge that provides access to an adjacent parcel. Water service is provided by
an existing private well. Fire service is provided by the Carpinteria-Summerland Fire District and
access is provided via Lillingston Canyon Road. The replacement bridge is designed to meet Fire
District standards. Therefore, this finding can be made.
B. Findings required for Coastal Development Permit applications subject to Section 35-169.4.2.
In compliance with Section 35-169.5.2 of the Article II Zoning Ordinance, prior to the approval or
conditional approval of an application for a Coastal Development Permit subject to Section 35169.4.2, the review authority shall first make all of the following findings:
1.
The development conforms:
a.
To the applicable policies of the Comprehensive Plan, including the Coastal Land
Use Plan;
b.
With the applicable provisions of this Article or the project falls within the
limited exceptions allowed in compliance with Section 35-161 (Nonconforming
Use of Land, Buildings and Structures).
As discussed in Sections 5.1 and 5.2 of this staff report, dated May 29, 2015, and
incorporated herein by reference, the proposed project is consistent with all applicable
policies of the County Comprehensive Plan, including the Coastal Land Use Plan, and
with all requirements of the Article II Coastal Zoning Ordinance. Therefore, this
finding can be made.
2.
The development is located on legally created lots.
The subject properties at 2065 and 1969 Lillingston Canyon Road (APNs 001-040-004 and
001-040-026) are shown on Record of Survey Book 84, Page 91, dated November 1969. In
addition, a Coastal Development Permit and Conditional Use Permit were issued by the
County of Santa Barbara for the property at 2065 Lillingston Canyon Road in September
2011 (11CDP-00000-00056). As the project is located on legally created lots, this finding can
be made.
3.
The subject property and development on the property is in compliance with all laws,
rules and regulations pertaining to zoning uses, subdivisions, setbacks and any other
applicable provisions of this Article, and any applicable zoning violation enforcement
fees and processing fees have been paid. This subsection shall not be interpreted to
impose new requirements on legal nonconforming uses and structures in compliance
with Division 10 (Nonconforming Structures and Uses).
As discussed in Section 5.2 of this staff report, dated May 29, 2015, and incorporated herein
by reference, the proposed project would conform to all applicable laws, rules, and
regulations pertaining to the AG-I-10 zone district. There are no current violations associated
with the subject parcels. Therefore this finding can be made.
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4.
The development will not significantly obstruct public views from any public road or
from a public recreation area to, and along the coast.
The subject properties are located over two miles from the coast in a densely vegetated area at
the base of a hillside. The only structural development proposed is removal and replacement
of a bridge spanning Carpinteria Creek and removal and re-grading of near vertical stacked
rock stream bank walls. The project does not have the potential to obstruct views from any
public road or from a public recreation area to, and along the coast. Therefore, this finding can
be made.
5.
The development is compatible with the established physical scale of the area.
The subject properties and surrounding properties are planted with agricultural crops
(primarily avocados) and also include significant quantities of native vegetation. The majority
of surrounding properties have been developed with single family homes and one or more
agricultural support structures.
The proposed project would include restoration of the bed and banks of a portion of
Carpinteria Creek in order to improve steelhead trout habitat. The project would include
removal of an existing bridge and abutments and replacement with a new 53 foot long/14
wide span bridge with new abutments. The bridge replacement would facilitate widening of
the creek bed to remove barriers to steelhead movement during spawning. The proposed
project includes extensive re-vegetation, and grading associated with the project is designed to
reduce creek channelization. Therefore, following its completion, the proposed project will be
visually compatible with the surrounding area and will return the topography of the creek to a
more natural state. The scale of the proposed bridge is similar to the existing bridge and the
proposed bridge is compatible with the established physical scale of the area. Therefore, this
finding can be made.
6.
The development will comply with the public access and recreation policies of this
Article and the Comprehensive Plan including the Coastal Land Use Plan.
The subject properties are located over two miles from the coast; therefore, the project does
not have the potential to impede public access to the coast nor to provide new access to the
coast. The proposed project would not conflict with any established trails or identified
potential trail corridors. Public access to the beach is available approximately two miles away
at Carpinteria Beach and Santa Claus Lane Beach. Therefore, this finding can be made.
C. Additional finding required for sites zoned Environmentally Sensitive Habitat (ESH) Overlay.
In compliance with Section 35-97.6 of the Article II Zoning Ordinance, prior to the issuance of
a Coastal Development Permit for sites designated with the ESH Overlay zone the review
authority shall first find that the proposed development meets all applicable development
standards in Section 35-97.8 through Section 97.19.
The proposed project would take place within an ESH overlay area for riparian stream habitat
associated with Carpinteria Creek. Therefore, the requirements of Section 35-97.19 (Development
Standards for Stream Habitats) apply to the proposed project.
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The proposed project would replace an existing bridge spanning Carpinteria Creek and would
modify/restore the bed and banks of the creek to improve steelhead trout habitat and facilitate
upstream migration of the species. This work would occur inside the 100-foot creek buffer. However,
consistent with the requirements of Article II Section 35-97.19, the primary function of the bridge
replacement and restoration project is to improve fish and wildlife habitat on-site. In addition,
consistent with Article II Section 35-97.19, the bridge cannot be removed or replaced in an alternate
location because the existing bridge serves as the only access point over Carpinteria Creek to an
existing home. Without the bridge, the home located at 1969 Lillingston Canyon Road would be
inaccessible. Dredging, filling, and grading within the stream corridor would be limited to activities
necessary for the stream restoration and bridge replacement.
The project would include 2,085 cubic yards of cut, 770 cubic yards of fill, 1,180 cubic yards of
imported rock, and 1,135 cubic yards of export. The concrete and rip-rap material that currently
armors portions of the bed and bank of the creek would be replaced with boulder keyways, slopes
planted with native willows, and a limited segment of rock-slope-protection fabric (adjacent to the
bridge abutments). The proposed excavation and limited fill would restore the creek banks to a stable
gradient in order to minimize the risk of slope failure and erosion/sedimentation within the creek. All
dredging, filling, and grading within the stream corridor included as a part of the proposed project
would be for the purpose of restoring the creek to improve fish and wildlife habitat.
Mitigation measures included in the State of California Department of Fish and Wildlife Mitigated
Negative Declaration for the 2015 Fisheries Restoration Grant Program, incorporated into the
project conditions of approval in Conditions 3 through 36 in Attachment C, set forth specific
requirements for riparian re-vegetation using native species, success criteria for re-vegetation,
removal of exotics/non-native species, erosion control, and tree preservation. In addition, Condition
30 set forth extensive requirements to avoid and mitigate temporary increases in surface erosion,
runoff, and sedimentation. These conditions include, but are not limited to, review of stream crossing
designs by CDFW, implementation of erosion control measures throughout construction, and soil
stabilization.
With implementation of these conditions of approval, the project would meet all applicable
development standards in Article II Section 35-97.8 through Section 97.19 and, specifically, the
requirements of Section 35-97.19 (Development Standards for Stream Habitats). Therefore, this
finding can be made.
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page A-5
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page B-1
ATTACHMENT B: Addendum to CDFW Mitigated Negative Declaration
County of Santa Barbara Planning and Development
ADDENDUM TO THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
MITIGATED NEGATIVE DECLARATION FOR THE 2015 FISHERIES RESTORATION GRANT
PROGRAM
CIRCLE G RANCH FISH PASSAGE, CASE NO. 15CDH-00000-00007
TO:
Zoning Administrator
FROM:
Sean Herron, Planner
Development Review Division, Planning and Development
DATE:
May 29, 2015
RE:
CEQA Determination: Finding that CEQA section 15164 (Addendum) applies to the Circle G
Ranch Fish Passage Project, Coastal Development Permit Case No. 15CDH-00000-00007. CEQA
section 15164 allows an addendum to be prepared when only minor technical changes or changes
which do not create new significant impacts would result. The Mitigated Negative Declaration
prepared for the Circle G Ranch Fish Passage Project is hereby amended by this 15164 letter for
Case No. 15CDH-00000-00007.
I.
LOCATION
The project is located at 2065 Lillingston Canyon Road (AP No. 001-040-004) and 1969 Lillingston
Canyon Road (AP No. 001-040-026) in the Carpinteria area, First Supervisorial District.
II.
BACKGROUND
The State of California Department of Fish and Game Mitigated Negative Declaration (MND) for the
2015 Fisheries Restoration Grant Program analyzed the environmental effects associated with 66
different Fisheries Restoration Grant Program projects in Del Norte, Humboldt, Marin, Mendocino,
Monterey, Napa, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Siskiyou,
Sonoma, Trinity, and Ventura Counties.
Significant impacts which could be reduced to a less than significant level (Class II) through feasible
mitigation were identified in the areas of Biological Resources, Cultural Resources, Geology and
Soils, Hazardous Materials, Hydrology and Water Quality, and Noise.
The MND prescribed
mitigation measures to address impacts and to reduce them to less than significant. The Addendum to
the MND and all documents referenced herein may be reviewed at the Planning and Development
Department, 123 East Anapamu Street, Santa Barbara.
III.
PROJECT DESCRIPTION
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page B-2
Proposed Project Description
The proposed project includes a Coastal Development Permit to allow replacement of an existing
bridge and restoration of a portion of the bed and banks of Carpinteria Creek, including:
a. Removal of an existing bridge and abutments and replacement with a new 53-foot long/14foot wide prefabricated span bridge and new abutments;
b. Grading amounts to include approximately 2,085 cubic yards of cut, 770 cubic yards of fill,
1,180 cubic yards of imported rock, and 1,135 cubic yards of export;
c. Removal and re-grading of near vertical stacked rock stream bank walls to an approximately
2:1 slope;
d. Replacement of any native trees lost during construction at a 2:1 ratio, which includes
replacement of one native Coast Live Oak with two 25-gallon trees on site and two Western
Sycamores with at least four 5-gallon sycamores;
e. Restoration of approximately 7,000 square feet of creek banks within the riparian corridor to
include installation of erosion control fabric and re-vegetation with native seeding and plants
(~200 1-gallon) and live stakes (100);
f. Replacement of removed avocado and other fruit trees on a 1:1 basis in coordination with
property owners;
g. Restoration of 325 lineal feet of creek bed to a stable gradient and installation of streambed
material that matches the size and gradation of the surrounding channel material;
h. Removal and relocation of water and electrical lines spanning the existing bridge;
i. Re-grading of road approaches, paving, and chip sealing of the driveway (~1,960 sq. ft. total);
j. Installation of one large woody debris structure to create pool habitat within the creek (made
from Coast Live Oak proposed for removal); and
k. Site maintenance including:
1. Removal of non-native invasive plants during the growing season (Dec-June) on a monthly
basis for year 1 and on a quarterly basis for years 2 and 3;
2. Bi-monthly irrigation in the dry season during year 1; and
3. Replacement plantings of cuttings, nursery stock or acorn as necessary to account for
mortality.
IV.
CHANGES IN PROJECT IMPACTS AND/OR REQUIREMENTS
The MND prescribed mitigation measures to address and reduce impacts to Biological Resources,
Cultural Resources, Geology and Soils, Hazardous Materials, Hydrology and Water Quality, and
Noise. All prescribed mitigation measures to address and reduce impacts to Geology and Soils,
Hazardous Materials, Hydrology and Water Quality, and Noise remain unchanged and are included in
the conditions of approval. Changes in project impacts and/or requirements for mitigation measures
that address Biology and Cultural Resources as they relate to the proposed project are described
below, and included in the conditions of approval accordingly:
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page B-3
Biology
The MND for the 2015 Fisheries Restoration Grant Program identified potentially significant but
mitigable impacts to biological resources as a result of potential adverse effects on “candidate,
sensitive, or special status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.” The MND was
prepared for 66 projects throughout California, including the proposed project. The MND requires
implementation of numerous mitigation measures (Mitigation Measures IV.A.1 through IV.C.10
identified on pages B-1 through B-28 in the MND) which, when implemented, would reduce
potential impacts to less than significant levels. Because the mitigation measures were designed for
66 projects, each with unique characteristics, not all measures apply to all projects. Where this is the
case, the applicability/non-applicability of each measure is identified at the start of the mitigation
measure. Species-specific biological mitigation measures in the MND were only applied to this
project’s conditions of approval when the presence of those species at the project site was identified
in the MND.
Mitigation Measure IV.B.1 requires completion of a rare plant survey at each project site. Mitigation
Measure IV.B.1 has already been completed for the proposed project through a Special Status Plant
Survey prepared by David Magney Environmental Consulting, dated May 2015. The survey was
timed to coincide with the blooming periods of special status plants and the entire project area was
surveyed. The survey identified one individual of the species Ribes amaram var. hoffmanii, which is
listed as Rank 3 by the California Native Plant Society but not given any protected state or federal
listing status, about 75 feet upstream from the bridge that is to be replaced as a part of the proposed
project. Rank 3 species meet the definition of Rare or Endangered under CEQA Guidelines §15125
(c) and/or §15380. Results of the botanical survey indicated that negative impacts to sensitive species
or sensitive habitats would not occur as a result of the Circle G Ranch Fish Passage project and that
the construction activities associated with the new bridge construction and restoration of the stream
channel would not impact the individual Ribes amarum var. hoffmannii that was found.
Mitigation Measure IV.B.1 states that CDFW shall require one or more of the following protective
measures if any special status plants are identified at a work site: 1) fencing to prevent accidental
disturbance of rare plants during construction; 2) on-site monitoring by a qualified biologist during
construction to assure that rare plants are not disturbed; and/or 3) redesign of proposed work to avoid
disturbance of rare plants. CDFW shall ensure that the grantee or responsible party is aware of these
site-specific conditions, and shall inspect the work site before, during, and after completion of the
action item. This mitigation measure is included as Condition 22 in the conditions of approval.
With implementation of the mitigation measures listed above, residual project-specific impacts on
biological resources would remain less than significant and not result in any new impacts that were not
previously evaluated in the MND for the 2015 Fisheries Restoration Grant Program.
Cultural Resources
The MND for the 2015 Fisheries Restoration Grant Program identified potentially significant but
mitigable impacts to cultural resources as a result of potential impacts to archaeological and/or
paleontological resources and from potential disruption of human remains. The MND was prepared
for 66 projects throughout California, including the proposed project. The California Department of
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page B-4
Fish and Wildlife MND identified nine mitigation measures (Mitigation Measures V.1 through V.9
identified on pages B-28 through B-31 in the attached MND) which, when implemented, would
reduce potential impacts to less than significant levels.
Mitigation Measure V.1 requires completion of project-specific cultural and/or paleontological
surveys and Mitigation Measure V.2 requires implementation of certain protective measures in the
event that the cultural and/or paleontological surveys identify resources on-site. Mitigation Measure
V.1 has already been completed for the proposed project through a Cultural Resources Investigation
of the project area by William Rich of Humboldt State University conducted in April 2015. The
investigation found no resources or expected resources. In addition, a UCSB Central Coast
Information Center (CCIC) records search for the project area identified no recorded resources within
the project area. Because no resources are expected to be present on-site, the additional protective
measures required by Mitigation Measure V.2 are not applicable to the proposed project.
However, because the project would include disturbance of the bed and banks of a creek and cultural
resources are known to occur adjacent to creeks, Mitigation Measures V.3 through V.9 would still
apply to account for the potential unexpected discovery of cultural resources, paleontological
resources or human remains, and are included in the Conditions of Approval listed in Attachment C.
Mitigation Measure V.1 has already been satisfied and is therefore not included in the Conditions of
Approval, and Mitigation Measure V.2 identified in the MND does not apply since no cultural and/or
paleontological resources were identified on-site.
With implementation of the mitigation measures listed above, residual project-specific impacts on
cultural resources would remain less than significant.
All other environmental impacts associated with the proposed project reviewed in the MND for the
2015 Fisheries Restoration Grant Program remain the same and all applicable Mitigation Measures
from the MND for the 2015 Fisheries Restoration Grant Program continue to apply.
V.
FINDINGS:
It is the finding of the Planning and Development Department that the previous environmental
document as herein amended may be used to fulfill the environmental review requirements of the
current project. The proposed project would not result in any new impacts that were not previously
evaluated in the MND for the 2015 Fisheries Restoration Grant Program, nor would the proposed
project increase the severity of impacts that were identified and for which mitigation measures were
imposed. Because the current project meets the conditions for the application of State CEQA
Guidelines Section 15164, preparation of a new EIR or ND is not required.
Discretionary processing of the Circle G Ranch Fish Passage Project Coastal Development Permit
Case No. 15CDH-00000-00007 may now proceed with the understanding that any substantial
changes in the proposal may be subject to further environmental review.
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page B-5
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page C-1
ATTACHMENT C: Draft CDP and Conditions of Approval
COASTAL DEVELOPMENT PERMIT
Case No.: 15CDH-00000-00007
Project Name: Circle G Ranch Fish Passage
Project Address: 1969 Lillingston Canyon Road, Carpinteria, CA 93013;
2065 Lillingston Canyon Road, Carpinteria, CA 93013
Assessor’s Parcel No.: 001-040-004; 001-040-026
Applicant Name: Mauricio Gomez
The hereby approves this Coastal Development Permit for the development described below, based upon the required
findings and subject to the attached terms and conditions.
Project Description Summary:
Project Specific Conditions:
Permit Compliance Case: X Yes
No
Permit Compliance Case No.: TBD
Appeals: The approval of this Coastal Development Permit may be appealed to the by the applicant or an aggrieved
person. The written appeal and accompanying fee must be filed with the Planning and Development Department at
either 123 East Anapamu Street, Santa Barbara, or 624 West Foster Road, Suite C, Santa Maria, by 5:00 p.m. on or
before.
The final action by the County on this Coastal Development Permit may be appealed to the California Coastal
Commission after the appellant has exhausted all local appeals. Therefore a fee is not required to file an appeal of this
Coastal Development Permit.
Terms of Permit Issuance:
1. Work Prohibited Prior to Permit Issuance. No work, development, or use intended to be authorized pursuant to
this approval shall commence prior to issuance of this Coastal Development Permit and/or any other required
permit (e.g., Building Permit). Warning! This is not a Building/Grading Permit.
2. Date of Permit Issuance. This Permit shall be deemed effective and issued on above, provided an appeal of this
approval has not been filed.
3. Time Limit. The approval of this Coastal Development Permit shall be valid for one year from the date of
approval. Failure to obtain a required construction, demolition, or grading permit and to lawfully commence
development within two years of permit issuance shall render this Coastal Development Permit null and void.
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page C-2
NOTE: Approval and issuance of a Coastal Development Permit for this project does not allow construction or use
outside of the project description, terms or conditions; nor shall it be construed to be an approval of a violation of any
provision of any County Policy, Ordinance or other governmental regulation.
Owner/Applicant Acknowledgement: Undersigned permittee acknowledges receipt of this pending approval and
agrees to abide by all terms and conditions thereof.
______________________________________________________________________________/
Print Name
Signature
Date
Date of Zoning Administrator Approval: ____________________________
Planning and Development Department Issuance by:
______________________________________________________________________________/
Print Name
Signature
Date
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page C-3
Conditions of Approval
1. Proj Des-01 Project Description. This Coastal Development Permit is based upon and limited to
compliance with the project description and all conditions of approval set forth below, including
mitigation measures and specified plans and agreements included by reference, as well as all
applicable County rules and regulations. The project description is as follows:
A Coastal Development Permit to allow replacement of an existing bridge and restoration of
the adjacent creek bed and banks that include:
a. Removal of an existing bridge and abutments and replacement with a new 53-foot
long/14-foot wide prefabricated span bridge and new abutments;
b. Grading amounts to include approximately 2,085 cubic yards of cut, 770 cubic yards of
fill, 1,180 cubic yards of imported rock, and 1,135 cubic yards of export;
c. Removal and re-grading of near vertical stacked rock stream bank walls to an
approximately 2:1 slope;
d. Replacement of any native trees lost during construction at a 2:1 ratio, which includes
replacement of one native Coast Live Oak with two 25-gallon trees on site and two
Western Sycamores with at least four 5-gallon sycamores;
e. Restoration of approximately 7,000 square feet of creek banks within the riparian
corridor to include installation of erosion control fabric and re-vegetation with native
seeding and plants (~200 1-gallon) and live stakes (100);
f. Replacement of removed avocado and other fruit trees on a 1:1 basis in coordination
with property owners;
g. Restoration of 325 lineal feet of creek bed to a stable gradient and installation of
streambed material that matches the size and gradation of the surrounding channel
material;
h. Removal and relocation of water and electrical lines spanning the existing bridge;
i. Re-grading of road approaches, paving, and chip sealing of the driveway (~1,960 sq. ft.
total);
j. Installation of one large woody debris structure to create pool habitat within the creek
(made from Coast Live Oak proposed for removal); and
k. Site maintenance including:
1. Removal of non-native invasive plants during the growing season (Dec-June) on a
monthly basis for year 1 and on a quarterly basis for years 2 and 3;
2. Bi-monthly irrigation in the dry season during year 1; and
3. Replacement plantings of cuttings, nursery stock or acorn as necessary to account for
mortality.
The application involves APNs 001-040-004 and 001-040-026, located at 2065 Lillingston
Canyon Road and 1960 Lillingston Canyon road, in the Carpinteria area, First Supervisorial
District.
Any deviations from the project description, exhibits or conditions must be reviewed and approved
by the County for conformity with this approval. Deviations may require approved changes to the
permit and/or further environmental review. Deviations without the above described approval will
constitute a violation of permit approval.
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page C-4
2. Proj Des-02 Project Conformity. The grading, development, use, and maintenance of the property,
the size, shape, arrangement, and location of the structures, parking areas and landscape areas, and
the protection and preservation of resources shall conform to the project description above and the
hearing exhibits and conditions of approval below. The property and any portions thereof shall be
sold, leased or financed in compliance with this project description and the approved hearing exhibits
and conditions of approval thereto. All plans (such as Landscape and Tree Protection Plans) must be
submitted for review and approval and shall be implemented as approved by the County.
Mitigation Measures from the State of California Department of Fish and Wildlife Mitigated Negative
Declaration for the 2015 Fisheries Restoration Grant Program
All Mitigation Measures applicable to the “Circle G Ranch Fish Passage Project” as identified by the State of
California Department of Fish and Wildlife Mitigated Negative Declaration for the 2015 Fisheries
Restoration Grant Program apply to the proposed project. The State of California Department of Fish and
Wildlife Mitigated Negative Declaration for the 2015 Fisheries Restoration Grant Program document is
included as Attachment B to the staff report for the South Coast Habitat Restoration Bridge Replacement at
Carpinteria Creek. Those Mitigation Measures are as follows:
3. Mitigation Measure IV.A.1: Timing. To avoid impacts to aquatic habitat the activities carried out in
the restoration program typically occur during the summer dry season where flows are low or streams
are dry.
a. Work around streams is restricted to the period of June 15 through November 1 or the first
significant rainfall, whichever comes first. This is to take advantage of low stream flow and
avoid the spawning and egg/alevin incubation period of salmon and steelhead.
b. Upslope work generally occurs during the same period as stream work.
Road
decommissioning and other sediment reduction activities are dependent on soil moisture
content. Upslope projects do not have seasonal restrictions in the Incidental Take Statement
but work may be further restricted at some sites to allow soils to dry out adequately. In some
areas equipment access and effectiveness is constrained by wet conditions.
c. The approved work window for individual work sites will be further constrained as necessary
to avoid the nesting or breeding seasons of birds and terrestrial animals. At most sites with
potential for raptor (including northern spotted owls) and migratory bird nesting, if work is
conditioned to start after July 9, potential impacts will be avoided and no surveys will be
required. For work sites that might contain nesting marbled murrelets, the starting date will
be September 16 in the absence of surveys. The work window at individual work sites could
be advanced if surveys determine that nesting birds will not be impacted.
d. For restoration work that may affect swallow nesting habitat (such as removal or modification
of bridges, culverts or other structures that show evidence of past swallow nesting activities),
construction shall occur after August 31 to avoid the swallow nesting period. Suitable nesting
habitat shall be netted prior to the breeding season to prevent nesting. Netting shall be
installed before any nesting activity begins, generally prior to March 1. Swallows shall be
excluded from areas where construction activities cause nest damage or abandonment.
e. All projects shall be confined to daylight hours.
PLAN REQUIREMENTS: This condition shall be printed on all grading and building plans
submitted to P&D for approval.
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page C-5
TIMING: The applicant shall notify P&D compliance monitoring staff at least two weeks prior to
the start of construction to confirm that work is confined to the acceptable construction window.
MONITORING: P&D compliance monitoring staff shall site inspect periodically to ensure
compliance with the condition.
4. Mitigation Measure IV.A.2: Projects shall not disturb or dewater more than 500 feet of contiguous
stream reach.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D for approval.
MONITORING: P&D compliance monitoring staff shall site inspect periodically to ensure
compliance with the condition.
5. Mitigation Measure IV.A.3: During all activities at project work sites, all trash that may attract
predators shall be properly contained, removed from the work site, and disposed of regularly.
Following construction, all trash and construction debris shall be removed from work areas.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D for approval.
MONITORING: P&D compliance monitoring staff shall site inspect periodically to ensure
compliance with the condition and respond to complaints.
6. Mitigation Measure IV.A.4: Staging/storage areas for equipment, materials, fuels, lubricants, and
solvents, will be located outside of the stream's high water channel and associated riparian area where
it cannot enter the stream channel. Stationary equipment such as motors, pumps, generators,
compressors, and welders located within the dry portion of the stream channel or adjacent to the
stream, will be positioned over drip-pans. Vehicles will be moved out of the normal high water area
of the stream prior to refueling and lubricating. The grantee shall ensure that contamination of
habitat does not occur during such operations. Prior to the onset of work, CDFW shall ensure that the
grantee has prepared a plan to allow a prompt and effective response to any accidental spills. All
workers shall be informed of the importance of preventing spills and of the appropriate measures to
take should a spill occur.
PLAN REQUIREMENTS: The Owner/Applicant shall designate the P&D approved location on all
site plans.
TIMING: The Owner/Applicant shall install the area prior to commencement of construction.
MONITORING: P&D staff shall spot check throughout grading and construction to ensure
compliance with this condition.
7. Mitigation Measure IV.A.5: The number of access routes, number and size of staging areas, and the
total area of the work site activity shall be limited to the minimum necessary to complete the
restoration action while minimizing riparian disturbance without affecting less stable areas, which
may increase the risk of channel instability. Existing roads shall be used to access work sites as much
as practicable.
PLAN REQUIREMENTS: The Owner/Applicant shall designate the P&D approved location of
access routes, number and size of staging areas, and the total area of the work site activity on all site
plans prior to commencement of grading or construction.
MONITORING: P&D staff shall spot check throughout grading and construction to ensure
compliance with this condition.
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Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page C-6
8. Mitigation Measure IV.A.6: The access and work area limits shall be identified with brightly
colored flagging or fencing. Flagging and fencing shall be maintained in good repair for the duration
of project activities. All areas beyond the identified work area limits shall not be disturbed.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D for approval.
MONITORING: P&D compliance monitoring staff shall confirm flagging or fencing is in place at
the time of the pre-construction meeting and maintained throughout construction.
9. Mitigation Measure IV.A.7: Any construction debris shall be prevented from falling into the stream
channel. Any material that does fall into a stream during construction shall be immediately removed
in a manner that has minimal impact to the streambed and water quality.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D for approval.
MONITORING: P&D compliance monitoring staff shall site inspect periodically to ensure
compliance with the condition.
10. Mitigation Measure IV.A.8: Where feasible, the construction shall occur from the bank, or on a
temporary pad underlain with filter fabric.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D prior to approval. The applicant shall depict on the project plans the chosen
construction technique in compliance with this condition.
MONITORING: P&D staff shall site inspect periodically to ensure compliance with this condition.
11. Mitigation Measure IV.A.9: Any work within the stream channel shall be performed in isolation
from the flowing stream and erosion protection measures shall be in place before work begins.
a. Prior to dewatering, the best means to bypass flow through the work area to minimize
disturbance to the channel and avoid direct mortality of fish and other aquatic invertebrates
shall be determined.
b. If there is any flow when work will be done, the grantee shall construct coffer dams upstream
and downstream of the excavation site and divert all flow from upstream of the upstream dam
to downstream of the downstream dam.
c. No heavy equipment shall operate in the live stream, except as may be necessary to construct
coffer dams to divert stream flow and isolate the work site.
d. Coffer dams may be constructed with clean river run gravel or sand bags, and may be sealed
with sheet plastic. Upon project completion, sand bags and any sheet plastic shall be removed
from the stream. Clean river run gravel may be left in the stream channel, provided it does
not impede stream flow or fish passage, and conforms to natural channel morphology without
significant disturbance to natural substrate.
e. Dewatering shall be coordinated with a qualified fisheries biologist to perform fish and
amphibian relocation activities.
f. The length of the dewatered stream channel and the duration of the dewatering shall be kept
to a minimum and shall be expected to be less than 300 contiguous feet or 500 total feet per
site.
g. When bypassing stream flow around work area, stream flow below the construction site shall
be maintained similar to the unimpeded flow at all times.
h. The work area shall be periodically pumped dry of seepage. Pumps shall be placed in flat
areas, away from the stream channel. Pumps shall be secured by tying off to a tree or staked
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page C-7
in place to prevent movement by vibration. Pump intakes shall be covered with 0.125 inch
mesh to prevent entrainment of fish or amphibians that failed to be removed. Pump intakes
shall be periodically checked for impingement of fish or amphibians, and shall be relocated
according to the approved measured outlined for each species bellow.
i. If necessary, flow shall be diverted around the work site, either by pump or by gravity flow,
the suction end of the intake pipe shall be fitted with fish screens meeting CDFW and NOAA
criteria to prevent entrainment or impingement of small fish. Any turbid water pumped from
the work site itself to maintain it in a dewatered state shall be disposed of in an upland
location where it will not drain directly into any stream channel.
j. Fish shall be excluded from the work area by blocking the stream channel above and below
the work area with fine-meshed net or screen. Mesh shall be no greater than 1/8-inch
diameter. The bottom edge of the net or screen shall be completely secured to the channel bed
to prevent fish from reentering the work area. Exclusion screening shall be placed in areas of
low water velocity to minimize fish impingement. Screens shall be regularly checked and
cleaned of debris to permit free flow of water.
PLAN REQUIREMENTS: The Owner/Applicant shall include this measure as a note on all
grading and building plans.
TIMING: The Owner/Applicant shall ensure erosion protection measures are in place prior to
commending grading and construction activities.
MONITORING: The Owner/Applicant shall demonstrate compliance to grading and building
inspectors in the field.
12. Mitigation Measure IV.A.10: Where the disturbance to construct coffer dams to isolate the work
site would be greater than to complete the action (for example, placement of a single boulder cluster),
the action shall be carried out without dewatering and fish relocation. Furthermore, measures shall be
put in place immediately downstream of the work site to capture suspended sediment. This may
include installation of silt catchment fences across the stream, or placement of a filter berm of clean
river gravel. Silt fences and other non-native materials will be removed from the stream following
completion of the activity. Gravel berms may be left in the stream channel provided it does not
impede stream flow or fish passage, and conforms to natural channel morphology without significant
disturbance to natural substrate.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D for approval.
MONITORING: P&D staff shall spot check in the field.
13. Mitigation Measure IV.A.11: Best management practices associated with fish screens and measures
to minimize effects to salmonids associated with fish screen construction, maintenance, and repair are
presented below:
a. Screening projects shall only take place on diversions with a capacity of 60 cfs or less.
Screening larger diversions shall require separate consultation. Fish screens shall be operated
and maintained in compliance with current law, including Fish and Game Code, and CDFW
fish screening criteria. CDFW screening criteria may be referenced on the Internet at:
http://www.CDFW.ca.gov/fish/Resources/Projects/Engin/Engin_ScreenCriteria.asp.
b. Notwithstanding Fish and Game Code section 6027, fish screens and bypass pipes or channels
shall be in-place and maintained in working order at all times water is being diverted.
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page C-8
c. If a screen site is dewatered for repairs or maintenance when targeted fish species are likely to
be present, measures shall be taken to minimize harm and mortality to targeted species
resulting from fish relocation and dewatering activities. The responsible party shall notify
CDFW before the project site is de-watered and streamflow diverted. The notification shall
provide a reasonable time for personnel to supervise the implementation of a water diversion
plan and oversee the safe removal and relocation of salmonids and other fish life from the
project area. If the project requires site dewatering and fish relocation, the responsible party
shall implement the dewatering and relocation measures as described in this document to
minimize harm and mortality to listed species.
d. If a fish screen is removed for cleaning or repair, measures shall be undertaken to ensure
juvenile fish are not passively entrained into the diversion canal. The area shall be isolated,
cleared of fish, and dewatered prior to screen maintenance or replacement. If dewatering the
work area is infeasible, then the area in front of the screen shall be cleared of fish utilizing a
seine net that remains in place until the project is complete. In the case of a damaged screen, a
replacement screen shall be installed immediately or the diversion shut down until a screen is
in place.
e. Fish screens shall be inspected and maintained regularly (not less than two times per week) to
ensure that they are functioning as designed and meeting CDFW fish screening criteria.
During the diversion season, screens shall be visually inspected while in operation to ensure
they are performing properly. Outside the diversion season when the screening structure is
dewatered, the screen and associated diversion structure shall be more thoroughly evaluated.
f. Existing roads shall be used to access screen sites with vehicles and/or equipment whenever
possible. If it is necessary to create access to a screen site for repairs or maintenance, access
points shall be identified at stable stream bank locations that minimize riparian disturbance.
g. Sediment and debris removal at a screen site shall take place as often as needed to ensure that
screening criteria are met. Sediment and debris shall be removed and disposed at a location
where it will not re-enter the water course.
h. Stationary equipment used in performing screen maintenance and repairs, such as motors,
pumps, generators, and welders, located within or adjacent to a stream shall be positioned
over drip pans.
i. Equipment which is used to maintain and/or repair fish screens shall be in good condition and
checked and maintained on a daily basis to prevent leaks of materials that could be deleterious
to aquatic life, wildlife, or riparian habitat.
j. To the extent possible repairs to a fish screen or screen site shall be made during a period of
time when the target species of fish are not likely to be present (for example, in a seasonal
creek, repair work should be performed when the stream is dry).
k. Equipment used to maintain and/or repair fish screens shall not operate in a flowing stream
except as may be necessary to construct coffer dams to divert stream flow and isolate the
work site.
l. Turbid water which is generated by screen maintenance or repair activities shall be discharged
to an area where it will not re-enter the stream. If the CDFW determines that
turbidity/siltation levels resulting from screen maintenance or repair activities constitute a
threat to aquatic life, all activities associated with the turbidity/siltation shall cease until
effective CDFW-approved sediment control devices are installed and/or abatement procedures
are implemented.
Circle G Ranch Fish Passage
Case No. 15CDH-00000-00007
Hearing Date: June 15, 2015
Page C-9
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D for approval. The applicant shall contact P&D compliance monitoring staff
before any de-watering is to occur and provide copies of any relevant documentation to CDFW.
MONITORING: P&D compliance monitoring staff shall site inspect periodically to ensure
compliance with this condition.
14. Mitigation Measure IV.A.12: Any equipment entering the active stream (for example, in the process
of installing a coffer dam) shall be preceded by an individual on foot to displace wildlife and prevent
them from being crushed.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D for approval.
MONITORING: P&D staff shall spot check in the field to ensure compliance.
15. Mitigation Measure IV.A.13: If any non-special status wildlife are encountered during the course
of construction, said wildlife shall be allowed to leave the construction area unharmed, and shall be
flushed, hazed, or herded in a safe direction away from the project site. “Special status wildlife” is
defined as any species that meets the definition of “endangered, rare, or threatened species” in section
15380, article 20 in Title 14 of the California Code of Regulations, also known as the “CEQA
Guidelines”.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D for approval.
MONITORING: P&D staff shall spot check in the field to ensure compliance with the condition.
16. Mitigation Measure IV.A.14: Any red tree vole nests encountered at a work site shall be flagged
and avoided during construction.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D prior to approval. The applicant shall notify P&D staff if any such nests are
encountered.
MONITORING: P&D staff shall spot check in the field to ensure compliance with this condition.
17. Mitigation Measure IV.A.15: For any work sites containing western pond turtles, salamander,
foothill yellow-legged frogs, or tailed frogs, the grantee shall provide to the CDFW grant manager for
review and approval, a list of the exclusion measures that will be used at their work site to prevent
take or injury to any individual pond turtles, salamanders, or frogs that could occur on the site. The
grantee shall ensure that the approved exclusion measures are in place prior to construction. Any
turtles or frogs found within the exclusion zone shall be moved to a safe location upstream or
downstream of the work site, prior to construction.
PLAN REQUIREMENTS/TIMING: This condition shall be printed on all grading and building
plans submitted to P&D for approval.
MONITORING: The Owner/Applicant shall provide P&D permit compliance staff a list of the
exclusion measures that will be used at the work site, if applicable, and P&D compliance monitoring
staff shall confirm that any identified measures are in place prior to and during construction.
18. Mitigation Measure IV.A.16: All habitat improvements shall be done in accordance with techniques
in the California Salmonid Stream Habitat Restoration Manual. The most current version of the
manual is available at: http://www.CDFW.ca.gov/fish/Resources/HabitatManual.asp.