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ITEM: |
PUBLIC HEARING |
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18. |
Consider First Reading of a REVISED Draft
Ordinance No. 181 Amending District Rules and Regulations to Modify the
Extent of the Carmel River Riparian Corridor |
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Meeting Date: |
April 15, 2019 |
Budgeted: |
N/A |
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From: |
David A. Stoldt, |
Program/ |
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General Manager |
Line Item No.: |
N/A |
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Staff Contact: |
Larry Hampson |
Cost Estimate: |
N/A |
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General Counsel Approval: Yes.
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Committee
Recommendation: N/A |
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CEQA Compliance:
Subject to review according to California Environmental Quality
Act Guidelines Section 15153 -
Use of an EIR from an Earlier Project |
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SUMMARY: The Board will consider a proposal to extend the
Carmel River Riparian Corridor by 13.5 miles from the eastern end of Carmel
Valley Village upstream to the Ventana Wilderness boundary. A revised Draft Ordinance No. 181 (Exhibit
18-A) is included in this package. At their February 21,
2019 meeting the District Board was presented a Draft Ordinance No. 181 that
contained additions to District Rules concerning the Riparian Corridor, but the
Draft Ordinance did not contain text that would be struck out from existing
language. At the Public Hearing for this item, the Board will consider comments
about the proposal, hold a first reading of the revised Draft Ordinance 181,
and set a Public Hearing to approve a Mitigated Negative Declaration at the
second reading and Adoption of the Ordinance.
The District
currently implements a comprehensive program to protect and restore water
resources along the lower 15.4 miles of the main stem of the Carmel River. The
District desires to extend this program upstream by 13.5 miles, such that all
properties between the Pacific Ocean and the Ventana Wilderness boundary would
be included in the program. The
definition of the Carmel River Riparian Corridor, which includes area within 25
lineal feet of the 10% chance flood line, and the District Rules concerning
activities in the Riparian Corridor of the Carmel River would apply to all the
properties in this reach of the river.
RECOMMENDATION: Staff recommends that the Board take the following actions:
DISCUSSION: [Note: for additional background about this item, including
maps and environmental analysis, please see Item 10 in the February 21, 2019
Board packet.]
The significant changes proposed for the District’s Riparian Corridor Rules include the following:
· The upper limit of the Riparian Corridor would move from Camp Stephani in Carmel Valley Village to the Ventana Wilderness boundary;
· About 40 properties would be added to the Riparian Corridor;
· Lawns, landscaping, and cultivated areas as shown in the June 2017 aerial photos would be exempt (the 1983 aerial photos are the basis for exemptions at present);
· The reference to the 10% chance flood for defining the limits of the Riparian Corridor is changed to be the most recent flood analysis (as opposed to the analysis from 1984);
· Assistance to property owners to acquire rights of way is dropped;
· Clarify research and monitoring tasks;
· Clarify management of debris and vegetation;
· Streamline language and requirements for acquisition of a River Work Permit;
· Add a requirement to show that project work would not induce downcutting;
CEQA ANALYSIS:
The District will rely on the Carmel River Management Program Environmental Impact Report adopted by the Board in 1984 and on the proposed Mitigated Negative Declaration described in the February 21, 2019 meeting packet in making a final determination (CEQA Section 15153).
IMPACT TO DISTRICT RESOURCES: Extending the Carmel River Management Program activities could require additional staff time to enforce District Rules. Other District activities such as vegetation management, technical assistance, and carrying out restoration projects would continue to be carried out as funding allows.
EXHIBIT
18-A Draft Ordinance No. 181
U:\staff\Boardpacket\2019\20190415\PublicHrng\18\Item-18.docx