To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Safier- Coastal Development Permit
Assessor Parcel Number: 105-031-040
Record Number: PLN-2021-17462
Petrolia Area
A Coastal Development Permit (CDP) pursuant to Section 312-3.1.2 & 3.1.5, for long term remediation and restoration of the stream bed, banks and riparian protection zone of Stansberry Creek. This permit is a follow-up to the previously approved Emergency CDP (PLN-2019-15434E), approved on April 9, 2019, pursuant to Section 312-15.5. An extreme rain event with high downstream peak water flow occurred concurrent to a high tide of the Mattole River, resulting in flooding when vegetation and debris temporarily blocked a downstream County maintained culvert. The area of impact was approximately 20,000 square feet and approximately 44 cubic yards of grading was required. This permit is intended to approve the follow-up remediation and restoration of Stansberry Creek, per California Department of Fish and Wildlife (CDFW) Lake and Streambed Alteration (LSA) Agreement (Attachment 3) that was issued October 23, 2019, and all work was completed by October 2021. No additional development is proposed as part of this project.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution, (Attachment 1), which does the following:
a. Finds that the project is exempt from environmental review per section 15333 of the California Environmental Quality Act (CEQA); and
b. Makes all of the required findings for approval of the follow-up Coastal Development Permit based on evidence in the staff report and public testimony; and
c. Approves the follow-up Coastal Development Permit as recommended by staff and subject to the Conditions of Approval (Attachment 1A).
Body
DISCUSSION
Project Location:
The project is located in the Petrolia area, on the south side of Lighthouse Road, approximately 3.3 miles west from the intersection of Mattole Road and Lighthouse Road, on the property known as 2525 Lighthouse Road.
Present General Plan Land Use Designations:
Agriculture Exclusive/Grazing (AEG); Density 600 acres per dwelling unit; South Coast Area Plan; Slope Stability- Low and Moderate Instability (1 and 2).
Present Zoning:
Agriculture Exclusive-Minimum lot size 600-acres (AE-600), with Combining Zones: Flood Hazard Areas (F) and Streams and Riparian Corridor Protection (R).
Environmental Review:
The project is exempt from CEQA environmental review pursuant to Categorical Exemption Sections: 15333(d) - Small Habitat Restoration Projects.
State Appeal Status:
Project is located within the Appeals jurisdiction of the Coastal Zone and is therefore appealable to the California Coastal Commission.
Major Concerns:
None.
Monitoring Required:
None.
Executive Summary:
A Coastal Development Permit (CDP) pursuant to Section 312-3.1.2 & 3.1.5, for long term remediation and restoration of the stream bed, banks and riparian protection zone of Stansberry Creek. This permit is a follow-up to the previously approved Emergency CDP (PLN-2019-15434E), approved on April 9, 2019, pursuant to Section 312-15.5. An extreme rain event with high downstream peak water flow occurred concurrent to a high tide of the Mattole River, resulting in flooding when vegetation and debris temporarily blocked a downstream County maintained culvert. The high-water flow of the creek and the blocked culvert resulted in the creek jumping the banks and flooding the adjacent private property to the west and east of the creek. The owner/applicant was able to re-direct the flow of water back into the stream bed and toward the culvert by removing vegetation and excavating the creek bed and banks. The area of impact was approximately 20,000 square feet and approximately 44 cubic yards of grading was required. When the Mattole River tide retreated, the blockage at the outfall of the culvert was pushed back into the river resulting in resumed water flow through the culvert. This permit is intended to approve the after-the-fact plan for remediation and restoration of Stansberry Creek. California Department of Fish and Wildlife (CDFW) issued a Lake and Streambed Alteration (LSA) Agreement (Attachment 3) on October 23, 2019, with measures to protect fish and wildlife resources for 5 years. All restoration activities were completed prior to October 2021. CDFW qualified restoration ecologist, Thomas Dunklin, submitted a completion and revegetation report to CDFW on January 31, 2022. The final Stansberry Creek Riparian Restoration Addendum dated June 6, 2024, stated that since the initial levee failure and subsequent repair work, no further equipment work was required, and the channel was back to pre-disturbance conditions (Attachment 4). There is no additional development associated with this permit.
Air Quality:
No air quality impacts are anticipated with the proposed project. The project is to approve the after-the-fact remediation and restoration of Stansberry Creek as a follow-up to the April 9, 2019 Emergency CDP (PLN-2019-15434E). All work was completed pursuant to CDFW’s LSA Agreement (Attachment 3) that was issued October 23, 2019. CDFW qualified restoration ecologist, Thomas Dunklin, submitted the final Stansberry Creek Riparian Restoration Addendum on June 6, 2024, stating that since the initial levee failure and subsequent repair work, no further equipment work was required, and the channel was back to pre-disturbance conditions (Attachment 4). No development is proposed at this time as the site has naturally revegetated, and no additional work is necessary to stabilize the site, therefore no air quality impacts are anticipated to occur.
Biological Resources:
No biological resource impacts are anticipated with the proposed project. The project is to approve the after-the-fact remediation and restoration of Stansberry Creek as a follow-up to the April 9, 2019, Emergency CDP (PLN-2019-15434E). All work was completed pursuant to CDFW’s LSA Agreement (Attachment 3) that was issued October 23, 2019. All restoration activities were completed by October 2021. CDFW qualified restoration ecologist, Thomas Dunklin, submitted the final Stansberry Creek Riparian Restoration Addendum on June 6, 2024, stating that since the initial levee failure and subsequent repair work, no further equipment work was required, and the channel was back to pre-disturbance conditions (Attachment 4). No development is proposed at this time as the site has naturally revegetated, and no additional work is necessary to stabilize the site, therefore no biological resource impacts are anticipated to occur.
Cultural Resources and Tribal Cultural Resources:
The proposed project is not anticipated to impact any cultural resources or Tribal cultural resources. The project is to approve the after-the-fact remediation and restoration of Stansberry Creek as a follow-up to the April 9, 2019, Emergency CDP (PLN-2019-15434E). The project was referred to the NWIC and the Bear River Band. NWIC expressed a concern for potential undiscovered archaeological sites and recommended referral to the other tribes. There was no response from the Bear River Band. The inadvertent discovery protocol language was included in the Emergency CDP conditions of approval. No development is proposed at this time as the site has naturally revegetated, and no additional work is necessary to stabilize the site, therefore no cultural resource impacts are anticipated to occur.
Hazards and Hazardous Materials:
The after-the-fact project is not anticipated to create additional hazards or hazardous materials. The subject parcel is located in an area of low and moderate instability. No development is proposed at this time as the site has naturally revegetated, and no additional work is necessary to stabilize the site, therefore no hazards and hazardous materials are anticipated to occur.
Hydrology and Water Quality:
No hydrology or water quality impacts are anticipated with the proposed project. The project is to approve the after-the-fact remediation and restoration of Stansberry Creek as a follow-up to the April 9, 2019, Emergency CDP (PLN-2019-15434E). All work was completed pursuant to CDFW’s LSA Agreement (Attachment 3) that was issued October 23, 2019. All restoration activities were completed prior to October 2021. CDFW qualified restoration ecologist, Thomas Dunklin, submitted the final Stansberry Creek Riparian Restoration Addendum on June 6, 2024, stating that since the initial levee failure and subsequent repair work, no further equipment work was required, and the channel was back to pre-disturbance conditions (Attachment 4). No development is proposed at this time as the site has naturally revegetated, and no additional work is necessary to stabilize the site, therefore no hydrology or water quality impacts are anticipated to occur.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comment, or recommended approval or approval with conditions. (Attachment 5).
ALTERNATIVE TO STAFF RECOMMENDATION:
The Zoning Administrator could elect not to approve the project. This alternative should be implemented if the Zoning Administrator is unable to make all the required findings. Planning Division staff is confident that the required findings can be made. Consequently, planning staff does not recommend further consideration of this alternative.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
2. Location Map
3. LSA Agreement from CDFW, 10.23.19
4. Stansberry Creek Riparian Restoration Addendum by Thomas Dunklin, 6.6.24
5. Referral Agency Comments and Recommendations
Applicant and Owner
Roger Safier
PO Box 212
Petrolia, CA 95558
Please contact Alice Vasterling, Associate Planner, at 707-268-3777 or by email at
avasterling@co.humboldt.ca.us if you have any questions about this item.