Title
PLN160590 - BJ-CR, INC
Public hearing to consider a follow-up Coastal Development Permit to restore approximately 7.7 acres of a 52-acre parcel located within 100 feet of Environmentally Sensitive Habitat (ESHA) to clear Code Enforcement case (15CE00187).
Project Location: 967 Salinas Road, Royal Oaks, North County Land Use Plan
Proposed CEQA Action: Categorically Exempt Section 15308 of the CEQA Guidelines
Report
PROJECT INFORMATION:
Agent: Rich Uto
Owner: BJ-CR, Inc.
APN: 117-072-006-000
Zoning: RC (CZ)
Parcel Size: 52 acre parcel
Plan Area: North County Land Use Plan
Flagged and Staked: No
RECOMMENDATION:
It is recommended that the Zoning Administrator adopt a Resolution:
1) Finding the project Categorically Exempt per Section 15308 of the CEQA Guidelines;
and
2) Approving a Coastal Development Permit for development within 100 feet of Environmentally Sensitive Habitat (ESHA) to restore approximately 7.7 acres of a 52-acre parcel to clear Code Enforcement violation (15CE00187).
A draft resolution includes findings and evidence for consideration (Exhibit B). Staff recommends approval subject to 4 conditions.
SUMMARY:
In response to a complaint, staff determined that unpermitted grading along and within a drainage channel which is a tributary to the Elkhorn Slough was a violation of County Codes (Code Enforcement Case: 15CE00187). Approximately 7.7 acres of a 52-acre parcel that was graded within 100 feet of Environmentally Sensitive Habitat (ESHA), which requires a Coastal Development Permit prior to work commencing. The California Department of Fish and Wildlife has determined that the drainage channel (tributary) is under their jurisdiction. The land surrounding and abutting the tributary is within the jurisdiction of the County.
The County received a status update on September 8, 2016 from the Biologist regarding the property located at the end of Bay Farms Road in Royal Oaks. A Final Habitat restoration plan has been adopted for restoration and the applicant has received the required permits from the U.S. Army Corps of Engineers (Corps), California Department of Fish and Wildlife (CDFW), and the Regional Water Quality Control Board (RWQCB) to restore the site back to its original state prior to the June 2015 ground disturbance. Restoration work began on September 26, 2016, to remove the culvert/fill in the creek and re-grade disturbed areas. Erosion control measures have been implemented immediately following the completion of grading and culvert removal. The site will be planted with native species outlined in the Final Habitat Restoration Plan prepared by Ecological Concerns, Inc in March when contract grown plants are ready.
Now that the restoration for the creek is almost completed, the County will process the entitlement for development within 100 feet of ESHA and approve the land portion of the restoration plan for the tilled land next to the tributary creek.
DISCUSSION:
Detailed discussion is provided in Exhibit A.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
RMA-Environmental Services
RMA-Planning Department
FINANCING:
Funding for staff time associated with this project is included in the FY2016-2017 Adopted Budget for RMA-Planning.
Prepared by: Elizabeth Gonzales, Associate Planner, ext. 5102
Reviewed by: Jacqueline R. Onciano, Interim Chief of RMA-Planning
Approved by: Carl P. Holm, Director of the RMA
Attachments:
Exhibit A - Discussion
Exhibit B - Resolution
B1 - Conditions
cc: Front Counter Copy; California Coastal Commission; Brandon Swanson, RMA Services Manager; Rich Uto, Applicant; BJ-CR, Inc., Owner; The Open Monterey Project (Molly Erickson); LandWatch (Director); Project File PLN160590