SENSITIVE HABITATS COMPONENT GENERAL POLICIES The County will: *7.1 Definition of Sensitive Habitats Define sensitive habitats as any area in which plant or animal life or their habitats are either rare or especially valuable and any area which meets one of the following criteria: (1) habitats containing or supporting "rare and endangered" species as defined by the State Fish and Game Commission, (2) all perennial and intermittent streams and their tributaries, (3) coastal tide lands and marshes, (4) coastal and offshore areas containing breeding or nesting sites and coastal areas used by migratory and resident water-associated birds for resting areas and feeding, (5) areas used for scientific study and research concerning fish and wildlife, (6) lakes and ponds and adjacent shore habitat, (7) existing game and wildlife refuges and reserves, and (8) sand dunes. Sensitive habitat areas include, but are not limited to, riparian corridors, wetlands, marine habitats, sand dunes, sea cliffs, and habitats supporting rare, endangered, and unique species. 7.2 Designation of Sensitive Habitats Designate sensitive habitats as including, but not limited to, those shown on the Sensitive Habitats Map for the Coastal Zone. *7.3 Protection of Sensitive Habitats a. Prohibit any land use or development which would have significant adverse impact on sensitive habitat areas. b. Development in areas adjacent to sensitive habitats shall be sited and designed to prevent impacts that could significantly degrade the sensitive habitats. All uses shall be compatible with the maintenance of biologic productivity of the habitats. *7.4 Permitted Uses in Sensitive Habitats a. Permit only resource dependent uses in sensitive habitats. Resource dependent uses for riparian corridors, wetlands, marine habitats, sand dunes, sea cliffs and habitats supporting rare, endangered, and unique species shall be the uses permitted in Policies 7.9, 7.16, 7.23, 7.26, 7.30, 7.33, and 7.44, respectively, of the County Local Coastal Program on March 25, 1986. b. In sensitive habitats, require that all permitted uses comply with U.S. Fish and Wildlife and State Department of Fish and Game regulations. 7.5 Permit Conditions a. As part of the development review process, require the applicant to demonstrate that there will be no significant impact on sensitive habitats. When it is determined that significant impacts may occur, require the applicant to provide a report prepared by a qualified professional which provides: (1) mitigation measures which protect resources and comply with the policies of the Shoreline Access, Recreation/Visitor Serving Facilities and Sensitive Habitats Components, and (2) a program for monitoring and evaluating the effectiveness of mitigation measures. Develop an appropriate program to inspect the adequacy of the applicant's mitigation measures. b. When applicable, require as a condition of permit approval the restoration of damaged habitat(s) when in the judgment of the Planning Director restoration is partially or wholly feasible. 7.6 Allocation of Public Funds In setting priorities for allocating limited local, State, or federal public funds for preservation or restoration, use the following criteria: (1) biological and scientific significance of the habitat, (2) degree of endangerment from development or other activities, and (3) accessibility for educational and scientific uses and vulnerability to overuse. RIPARIAN CORRIDORS The County will: 7.7 Definition of Riparian Corridors Define riparian corridors by the "limit of riparian vegetation" (i.e., a line determined by the association of plant and animal species normally found near streams, lakes and other bodies of freshwater: red alder, jaumea, pickleweed, big leaf maple, narrow-leaf cattail, arroyo willow, broadleaf cattail, horsetail, creek dogwood, black cottonwood, and box elder). Such a corridor must contain at least a 50% cover of some combination of the plants listed. 7.8 Designation of Riparian Corridors Establish riparian corridors for all perennial and intermittent streams and lakes and other bodies of freshwater in the Coastal Zone. Designate those corridors shown on the Sensitive Habitats Map and any other riparian area meeting the definition of Policy 7.7 as sensitive habitats requiring protection, except for man-made irrigation ponds over 2,500 square feet surface area. 7.9 Permitted Uses in Riparian Corridors a. Within corridors, permit only the following uses: (1) education and research, (2) consumptive uses as provided for in the Fish and Game Code and Title 14 of the California Administrative Code, (3) fish and wildlife management activities, (4) trails and scenic overlooks on public land(s), and (5) necessary water supply projects. b. When no feasible or practicable alternative exists, permit the following uses: (1) stream dependent aquaculture, provided that non-stream dependent facilities locate outside of corridor, (2) flood control projects, including selective removal of riparian vegetation, where no other method for protecting existing structures in the flood plain is feasible and where such protection is necessary for public safety or to protect existing development, (3) bridges when supports are not in significant conflict with corridor resources, (4) pipelines, (5) repair or maintenance of roadways or road crossings, (6) logging operations which are limited to temporary skid trails, stream crossings, roads and landings in accordance with State and County timber harvesting regulations, and (7) agricultural uses, provided no existing riparian vegetation is removed, and no soil is allowed to enter stream channels. 7.10 Performance Standards in Riparian Corridors Require development permitted in corridors to: (1) minimize removal of vegetation, (2) minimize land exposure during construction and use temporary vegetation or mulching to protect critical areas, (3) minimize erosion, sedimentation, and runoff by appropriately grading and replanting modified areas, (4) use only adapted native or non-invasive exotic plant species when replanting, (5) provide sufficient passage for native and anadromous fish as specified by the State Department of Fish and Game, (6) minimize adverse effects of waste water discharges and entrainment, (7) prevent depletion of groundwater supplies and substantial interference with surface and subsurface waterflows, (8) encourage waste water reclamation, (9) maintain natural vegetation buffer areas that protect riparian habitats, and (10) minimize alteration of natural streams. 7.11 Establishment of Buffer Zones a. On both sides of riparian corridors, from the "limit of riparian vegetation" extend buffer zones 50 feet outward for perennial streams and 30 feet outward for intermittent streams. b. Where no riparian vegetation exists along both sides of riparian corridors, extend buffer zones 50 feet from the predictable high water point for perennial streams and 30 feet from the midpoint of intermittent streams. c. Along lakes, ponds, and other wet areas, extend buffer zones 100 feet from the high water point except for man-made ponds and reservoirs used for agricultural purposes for which no buffer zone is designated. 7.12 Permitted Uses in Buffer Zones Within buffer zones, permit only the following uses: (1) uses permitted in riparian corridors, (2) residential uses on existing legal building sites, setback 20 feet from the limit of riparian vegetation, only if no feasible alternative exists, and only if no other building site on the parcel exists, (3) in Planned Agricultural, Resource Management and Timber Preserve Districts, residential structures or impervious surfaces only if no feasible alternative exists, (4) crop growing and grazing consistent with Policy 7.9, (5) timbering in "streamside corridors" as defined and controlled by State and County regulations for timber harvesting, and (6) no new residential parcels shall be created whose only building site is in the buffer area. 7.13 Performance Standards in Buffer Zones Require uses permitted in buffer zones to: (1) minimize removal of vegetation, (2) conform to natural topography to minimize erosion potential, (3) make provisions to (i.e., catch basins) to keep runoff and sedimentation from exceeding pre-development levels, (4) replant where appropriate with native and non-invasive exotics, (5) prevent discharge of toxic substances, such as fertilizers and pesticides, into the riparian corridor, (6) remove vegetation in or adjacent to man-made agricultural ponds if the life of the pond is endangered, (7) allow dredging in or adjacent to man-made ponds if the San Mateo County Resource Conservation District certified that siltation imperils continued use of the pond for agricultural water storage and supply, and (8) require motorized machinery to be kept to less than 45 dBA at any wetland boundary except for farm machinery and motorboats. WETLANDS The County will: 7.14 Definition of Wetland Define wetland as an area where the water table is at, near, or above the land surface long enough to bring about the formation of hydric soils or to support the growth of plants which normally are found to grow in water or wet ground. Such wetlands can include mudflats (barren of vegetation), marshes, and swamps. Such wetlands can be either fresh or saltwater, along streams (riparian), in tidally influenced areas (near the ocean and usually below extreme high water of spring tides), marginal to lakes, ponds, and man-made impoundments. Wetlands do not include areas which in normal rainfall years are permanently submerged (streams, lakes, ponds and impoundments), nor marine or estuarine areas below extreme low water of spring tides, nor vernally wet areas where the soils are not hydric. In San Mateo County, wetlands typically contain the following plants: cordgrass, pickleweed, jaumea, frankenia, marsh mint, tule, bullrush, narrow-leaf cattail, broadleaf cattail, pacific silverweed, salt rush, and bog rush. To qualify, a wetland must contain at least a 50% cover of some combination of these plants, unless it is a mudflat. 7.15 Designation of Wetlands a. Designate the following as wetlands requiring protection: Pescadero Marsh, Pillar Point Marsh (as delineated on Map 7.1), marshy areas at Tunitas Creek, San Gregorio Creek, Pomponio Creek and Gazos Creek, and any other wetland meeting the definition in Policy 7.14. b. At the time a development application is submitted, consider modifying the boundary of Pillar Point Marsh (as delineated on Map 7.1) if a report by a qualified professional, selected jointly by the County and the applicant, can demonstrate that land within the boundary does not meet the definition of a wetland. 7.16 Permitted Uses in Wetlands Within wetlands, permit only the following uses: (1) nature education and research, (2) hunting, (3) fishing, (4) fish and wildlife management, (5) mosquito abatement through water management and biological controls; however, when determined to be ineffective, allow chemical controls which will not have a significant impact, (6) diking, dredging, and filling only as it serves to maintain existing dikes and an open channel at Pescadero Marsh, where such activity is necessary for the protection of pre-existing dwellings from flooding, or where such activity will enhance or restore the biological productivity of the marsh, (7) diking, dredging, and filling in any other wetland only if such activity serves to restore or enhance the biological productivity of the wetland, (8) dredging man-made reservoirs for agricultural water supply where wetlands may have formed, providing spoil disposal is planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation, and (9) incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. 7.17 Performance Standards in Wetlands Require that development permitted in wetlands minimize adverse impacts during and after construction. Specifically, require that: (1) all paths be elevated (catwalks) so as not to impede movement of water, (2) all construction take place during daylight hours, (3) all outdoor lighting be kept at a distance away from the wetland sufficient not to affect the wildlife, (4) motorized machinery be kept to less than 45 dBA at the wetland boundary, except for farm machinery, (5) all construction which alters wetland vegetation be required to replace the vegetation to the satisfaction of the Planning Director including "no action" in order to allow for natural re-establishment, (6) no herbicides be used in wetlands unless specifically approved by the County Agricultural Commissioner and State Department of Fish and Game, and (7) all projects be reviewed by the State Department of Fish and Game and State Water Quality Board to determine appropriate mitigation measures. 7.18 Establishment of Buffer Zones Buffer zones shall extend a minimum of 100 feet landward from the outermost line of wetland vegetation. This setback may be reduced to no less than 50 feet only where (1) no alternative development site or design is possible; and (2) adequacy of the alternative setback to protect wetland resources is conclusively demonstrated by a professional biologist to the satisfaction of the County and the State Department of Fish and Game. A larger setback shall be required as necessary to maintain the functional capacity of the wetland ecosystem. 7.19 Permitted Uses in Buffer Zones Within buffer zones, permit the following uses only: (1) uses allowed within wetlands (Policy 7.16) and (2) public trails, scenic overlooks, and agricultural uses that produce no impact on the adjacent wetlands. 7.20 Management of Pillar Point Marsh a. Define safe yield from the aquifer feeding the marsh as the amount of water that can be removed without adverse impacts on marsh health. b. Restrict groundwater extraction in the aquifer to a safe yield as determined by a hydrologic study participated in by the two public water systems (CUC and CCWD). Water system capacity permitted and the number of building permits allowed in any calendar year shall be limited if necessary by the findings of the study. c. Encourage purchase by an appropriate public agency such as the Coastal Conservancy. d. Encourage management of the marsh to enhance the biological productivity and to maximize wildlife potential. e. All adjacent development shall, where feasible, contribute to the restoration of biologic productivity and habitat. 7.21 Management of Pescadero Marsh a. Designate the marsh as a high priority resource management project, requiring additional governmental involvement. b. Encourage the State to conduct a thorough hydrological study of the watershed with emphasis on efficient utilization of existing yields through detailed knowledge of diversions, pumping activities and flooding potential as well as existing water control structures in the marsh. Groundwater extraction should be limited to aquifer safe yield. c. Require, as a condition of permit, that the Department of Parks and Recreation develop and implement a management plan with the State Department of Fish and Game which maximizes the wildlife potential of Pescadero Marsh and permits only compatible uses. d. Assist the San Mateo County Resource Conservation District in developing and implementing a soil management program to control sedimentation throughout the Pescadero/Butano watersheds with special emphasis on anadromous fish spawning and nursery areas in the upper tributaries as well as in agricultural areas adjacent to the marsh. Base the program on the findings of the 208 Best Management Practices Program. e. Permit dredging of Pescadero Creek mouth when necessary to protect the viability of the marsh and to protect Pescadero from floods. Dredging at the creek mouth is appropriate only when there is no feasible less environmentally damaging alternative, mitigation measures have been provided to minimize adverse environmental effects, and the functional capacity of the wetland is being maintained or enhanced. f. Development shall be limited to: very minor incidental public facilities which only temporarily impact the resources of the area, wetland restoration, and nature study. MARINE HABITATS 7.22 Designation of Marine and Estuarine Habitats Designate all areas containing marine and estuarine habitats as requiring protection, specifically including but not limited to: Fitzgerald Marine Reserve, San Gregorio Estuary, Pescadero Marsh, Pigeon Point, Franklin Point, Ano Nuevo Point, and Ano Nuevo Island Reserve. 7.23 Permitted Uses in Marine and Estuarine Habitats In marine and estuarine habitats, permit only the following uses: (1) nature education and research, (2) consumptive uses as provided for in the Fish and Game Code and Title 14 of the California Administrative Code, (3) fishing and (4) fish and wildlife management. 7.24 Energy Development Request that offshore energy developments and require that onshore facilities for offshore oil be designed, constructed and maintained in a manner which minimizes impacts on marine habitats. SAND DUNES The County will: 7.25 Designation of Sand Dune Habitats Designate the following dune areas as protected sensitive habitats: Pescadero Point, Franklin Point, and Ano Nuevo Point. "Dune areas" is defined as those areas indicated above and delineated by both active and stabilized dunes. 7.26 Permitted Uses In dune areas, permit only the following uses: (1) education and research, and (2) trails. 7.27 Development Standards a. Prohibit any activity which alters the profile of an active dune or which results in the disturbance or removal of dune vegetation on active dunes. b. Control pedestrian traffic in dune areas. c. Prohibit all non-authorized motor vehicles from dune areas. d. Post signs informing recreational users not to disturb dunes or their natural vegetation. e. Where development is permitted, require re-vegetation with appropriate stabilizing species (preferably native) as a condition of permit approval. f. Prohibit any direct removal or excavation of sand from active dunes. g. Require development to locate only landward of the most seaward stabilized dune. h. When no feasible or practical alternative exists, permit underground utilities. 7.28 Restoration of Dunes Encourage projects by agencies and community groups to assist in the stabilization and restoration of dunes, particularly at Ano Nuevo Point and Franklin Point. 7.29 Public Acquisition Encourage public acquisition of the dune habitat at Franklin Point. SEA CLIFFS 7.30 Permitted Uses a. Where nesting or roosting exists, permit only education and research activities. b. Where nesting or roosting do not exist, permit only the following uses: (1) education and research, (2) limited foot paths, (3) limited recreational rock climbing, (4) road and underground utility construction where no feasible alternative exists, and (5) intake or outfall lines provided that the habitat is not threatened. 7.31 Development Standards a. Restrict pedestrian traffic in bluff and cliff areas and on faces to a limited number of well-defined trails which avoid seabird nesting and roosting sites. b. Post signs informing recreational users not to disturb natural vegetation or nesting and roosting sites. RARE AND ENDANGERED SPECIES The County will: 7.32 Designation of Habitats of Rare and Endangered Species Designate habitats of rare and endangered species to include, but not be limited to, those areas defined on the Sensitive Habitats Map for the Coastal Zone. 7.33 Permitted Uses a. Permit only the following uses: (1) education and research, (2) hunting, fishing, pedestrian and equestrian trails that have no adverse impact on the species or its habitat, and (3) fish and wildlife management to restore damaged habitats and to protect and encourage the survival of rare and endangered species. b. If the critical habitat has been identified by the Federal Office of Endangered Species, permit only those uses deemed compatible by the U.S. Fish and Wildlife Service in accordance with the provisions of the Endangered Species Act of 1973, as amended. 7.34 Permit Conditions In addition to the conditions set forth in Policy 7.5, require, prior to permit issuance, that a qualified biologist prepare a report which defines the requirements of rare and endangered organisms. At minimum, require the report to discuss: (1) animal food, water, nesting or denning sites and reproduction, predation and migration requirements, (2) plants life histories and soils, climate and geographic requirements, (3) a map depicting the locations of plants or animals and or their habitats, (4) any development must not impact the functional capacity of the habitat, and (5) recommend mitigation if development is permitted within or adjacent to identified habitats. 7.35 Preservation of Critical Habitats Require preservation of all habitats of rare and endangered species using criteria including, but not limited to, Section 6325.2 (Primary Fish and Wildlife Habitat Area Criteria) and Section 6325.7 (Primary Natural Vegetative Areas Criteria) of the Resource Management Zoning District. 7.36 San Francisco Garter Snake a. Prevent any development where there is known to be a riparian or wetland location for the San Francisco garter snake with the following exceptions: (1) existing man-made impoundments smaller than one-half acre in surface, and (2) existing man-made impoundments greater than one-half acre in surface providing mitigation measures are taken to prevent disruption of no more than one half of the snake's known habitat in that location in accordance with recommendations from the State Department of Fish and Game. b. Require developers to make sufficiently detailed analyses of any construction which could impair the potential or existing migration routes of the San Francisco garter snake. Such analyses will determine appropriate mitigation measures to be taken to provide for appropriate migration corridors. 7.37 San Francisco Tree Lupine Moth Prevent the loss of any large populations (more than 100 plants in a 1/10-acre area) of tree lupine within 1 mile of the coastline. 7.38 Brackish Water Snail a. Prevent any development which can have a deleterious effect on the California brackish water snail, including any dredging of its known or potential habitat. b. Encourage the State Department of Parks and Recreation to manage Pescadero Marsh in such a manner as to enhance the habitat for the California brackish water snail. 7.39 Sea Otter Encourage the appropriate agency to protect, monitor, and enhance sea otter habitats. In the development of mariculture facilities, encourage appropriate State and Federal agencies to seek measures to protect them from predation by the sea otter. 7.40 Globose Dune Beetle a. Assess, monitor, and contain the spread of dune grass. b. Provide roped-off trails for public access to the beach with the explanation of the dune beetle and its surrounding habitat. 7.41 Rare Plant Search Encourage a continued search for any rare plants known to have occurred in San Mateo County Coastal zone but not recently seen. Such search can be done by various persons or groups concerned with such matters. 7.42 Development Standards Prevent any development on or within 50 feet of any rare plant population. When no feasible alternative exists permit development if: (1) the site or a significant portion thereof is returned to a natural state to allow for the re-establishment of the plant, or (2) a new site is made available for the plant to inhabit. UNIQUE SPECIES The County will: 7.43 Designation of Habitats of Unique Species Designate habitats of unique species to include, but not be limited to, those areas designated on the Sensitive Habitats Map for the Coastal Zone. 7.44 Permitted Uses Permit only the following uses: (1) education and research, (2) hunting, fishing, pedestrian and equestrian trails that have no adverse impact on the species or its habitat, and (3) fish and wildlife management to the degree specified by existing governmental regulations. 7.45 Permit Conditions In addition to the conditions set forth in Policy 7.5, require, as a condition of permit approval, that a qualified biologist prepare a report which defines the requirements of a unique organism. At minimum, require the report to discuss: (1) animal food, water, nesting or denning sites and reproduction, predation and migration requirements, and (2) plants life histories and soils, climate and geographic requirements. 7.46 Preservation of Habitats Require preservation of critical habitats using criteria including, but not limited to, Section 6325.2 (Primary Fish and Wildlife Habitat Area Criteria) and Section 6325.7 (Primary Natural Vegetative Areas Criteria) of the Resource Management Zoning District. 7.47 Elephant Seal a. Encourage affected public agencies to control access to areas where elephant seals congregate. b. Enforce trespass laws to restrict access to areas where elephant seals congregate especially during mating, breeding, and molting season. 7.48 Monterey Pine a. Require any development to keep to a minimum the number of native Monterey pine cut in the natural pine habitat near the San Mateo-Santa Cruz County line. b. Allow the commercial cutting of Monterey pine if it: (1) perpetuates the long-term viability of stands, (2) prevents environmental degradation, and (3) protects the viewshed within the Cabrillo Highway Scenic Corridor. c. To preserve the productivity of prime agricultural soils, encourage the control of invasive Monterey pine onto the soils. 7.49 California Wild Strawberry Require any development, within one-half mile of the coast to mitigate against the destruction of any California wild strawberry in one of the following ways: a. Prevent any development, trampling, or other destructive activity which would destroy the plant, or b. After determining specifically if the plants involved are of particular value, successfully transplant them or have them successfully transplanted to some other suitable site. Determination of the importance of the plants can only be made by a professional doing work in strawberry breeding. 7.50 Champion Monterey Cypress Declare the champion Monterey cypress tree a Class I Heritage Tree. WEEDY, UNDESIRABLE PLANTS The County will: 7.51 Voluntary Cooperation Encourage the voluntary cooperation of private landowners to remove from their lands the undesirable pampas grass, French, Scotch and other invasive brooms. Similarly, encourage landowners to remove blue gum seedlings to prevent their spread. 7.52 Public Agency Requirements Require public agencies, to the point feasible, to remove the undesirable pampas grass and French, Scotch, and other invasive brooms from their lands. 7.53 Sale Prevention Encourage the voluntary cooperation of the County's retail nursery trade to prevent the sale of undesirable pampas grass and French Scotch, and other invasive brooms in the County. 7.54 Weedy Thistle Eradication Encourage farmers to eradicate weedy thistle, particularly from land adjacent to artichoke fields. Encourage the Agricultural Commissioner to support eradicative procedures in cooperation with the Farm Advisor, local farmers, the State Department of Beaches and Parks, CalTrans, and the State Department of Food and Agriculture. RXG:kcd - RXGC1990.AKM (8/14/92)