Cities Index.
Att 4 - CDP Exemption

Fort Bragg City Council
November 25, 2024

Document
Att 4 - CDP Exemption
Meeting
November 25, 2024
Body
Fort Bragg City Council
Original file
4.2 MB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

CITY OF FORT BRAGG
Incorporated August 5, 1889
416 N. Franklin Street, Fort Bragg, CA 95437
Phone: (707) 961-2827 Fax: (707) 961-2802
www.FortBragg.com

NOTICE OF FINAL ACTION

COASTAL DEVELOPMENT PERMIT EXEMPTION
On August 21, 2024, the City determined that the following project is exempt from the requirement to obtain a Coastal Development Permit:

PERMIT TYPE & NO.: Coastal Development Permit Exemption APPLICANT: City of Fort Bragg
AGENT: Chantell O’Neal
LOCATION: Various, see attached maps
APN: Not applicable
DESCRIPTION: Trash Capture Devices
The City of Fort Bragg will install trash capture devices in select locations to comply with State Water Resources Control Board requirements for municipal separate storm sewer systems (MS4s). The project includes the installation of twelve (12) high-flow capacity (HFC) trash capture devices inside of existing City storm drain infrastructure. The HFC devices will capture and prevent trash from traveling via the storm drains to receiving water bodies. Trash in local watersheds poses a serious threat to surface water quality and aquatic species if transported to local creeks, rivers, or the Pacific Ocean. These Trash Capture devices will be located entirely within existing storm drains and will not expand the footprint or the intensity of use of the existing storm drains. Additionally the trash capture devises will be installed within the storm drain and located more than 200 feet from any wetland.

DATE OF ACTION:

ACTION BY: Community Development Department
ACTION TAKEN: X Approval of CDP Exemption (See Analysis) Denied (See attached Findings)
THIS PROJECT IS: Appealable to California Coastal Commission John Smith Date
Acting Community Development Director
Docusign Envelope ID: 848A34FA-B4E8-409B-AA77-3AB1091350CA 8/27/2024

COASTAL DEVELOPMENT PERMIT EXEMPTIONS
The proposed project complies with the following Coastal Development Permit Exemption:
_ Improvements to existing single-family residences.
_ Improvements to any structure other than a single-family residence. _ Repair and Maintenance Activities.
_X Other Improvements.
_ Categorically Excluded Development.
_ Utility Connections.
_ Structures Destroyed by Natural Disaster.
_ Repair, Maintenance and Utility Hook-Up Exclusions.
_ Temporary Events Criteria for Exclusion from Permit Requirements.

Activity does not meet the definition of Development.

Analysis: Per Coastal Land Use and Development Code (CLUDC) Section 17.71.040B(2)a, "Repair and Maintenance Activities" are exempt from requiring a Coastal Development Permit.

17.71.040 - Coastal Development Permit Exemptions
A. Purpose. The purpose and intent of this Chapter is to establish types of development within the coastal zone of the City of Fort Bragg that do not require a coastal development permit to ensure consistency with the provisions of the City of Fort Bragg Local Coastal Program, the California Coastal Act, and the California Code of Regulations Title 14 Division 5.5.

B. Exempt projects. The following projects shall not require a Coastal Development Permit.

Repair and Maintenance Activities.
a. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities.

The proposed project would consist of repairing the existing storm drain system so that it does not release trash into waterways and the environment. The CLUDC includes the exceptions (noted below) to the above exemption and none of the exceptions apply to this project because the project does not include:

1. Placement of any materials on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective works;

2. Replacement of 20 percent or more of the materials of the existing stormwater structure with materials of a different kind;

3. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams;

4. Dredging;

5. Repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.

6. The replacement of 50 percent or more of the storm drain system. b. The exemption in Section 2(a) shall not apply to the following extraordinary methods of repair Docusign Envelope ID: 848A34FA-B4E8-409B-AA77-3AB1091350CA and maintenance which require a coastal development permit because they involve a risk of adverse environmental impact:
i) Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
a) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; b) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective works; c) The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or
d) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.
ii) Any method of routine maintenance dredging that involves:
a) The dredging of 100,000 cubic yards or more within a twelve (12) month period; b) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams; or c) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the City or the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.
iii) Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams that include:
a) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials;
b) The presence, whether temporary or permanent, of mechanized equipment or construction materials.
c) All repair and maintenance activities governed by Section 17.71.040(B)(2) shall be subject to the LCP permit regulations, including but not limited to the regulations governing administrative and emergency permits. The provisions of Section 17.71.040(B)(2) shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean.
d) Unless destroyed by natural disaster, the replacement of 50 percent or more of a single-family residence, (as measured by 50% of the exterior walls), seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance but instead constitutes a replacement structure requiring a coastal development permit.

Docusign Envelope ID: 848A34FA-B4E8-409B-AA77-3AB1091350CA Æa
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S"
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S"
S"
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S"
S"
S"
Highway 1 (CalTrans Jurisdiction)
P a c i f i c O c e a n
Basin J
Basin A
Basin G
Basin F
Basin H
Basin C
Basin D
Basin B
Basin E
Basin I
Pudding Crk
Virgin Crk
Noyo Riv
Ha
re
C
rk
STATE HWY 1

EAST OAK STREET

CHESTNUT STREET

ALDER STREET

MAPLE STREET

LYTA WAY

SOUTH FRANKLIN STREET

CEDAR STREET

STEWART STREET

NORTH FRANKLIN STREET

WALL STREET

NORTH HARRISON STREET

DANA STREET

CYPRESS STREET

JERE MELO STREET

EAST FIR STREET

EAST CEDAR STREET

WILLOW STREET

EAST PINE STREET

WALNUT STREET

SOUTH SANDERSON WAY

DUBOIS LANE
SOUTH
STREET

NORTH WHIPPLE STREET

WEST STREET

SOUTH WHIPPLE STREET

NORTH CORRY STREET

GLASS BEACH DRIVE

NORTH HAROLD STREET

NORTH MC PHERSON STREET

EAST MADRONE STREET

EAST BUSH STREET
STATE HWY 20

BOATYARD DRIVE

NORTH HARBOR DRIVE

DENNISON LANE

SOUTH HARRISON STREET

WEST CYPRESS STREET

MORROW STREET

KEMPPE WAY

PARK STREET

SOUTH HAROLD STREET

MONSEN WAY

CLIFF WAY

SOUTH HARBOR DRIVE

SOUTH LINCOLN STREET

BRANDON WAY

NORTH SANDERSON STREET

DEISON LANE

GROVE STREET

EBBING WAY

LINCOLN STREET

MINNESOTA AVENUE

ALGER STREET

ACORN DRIVE

HOCKER STREET

WOODLAND DRIVE

NANCY WAY
Feature and boundary locations depicted are approximate only. 11/27/2018 0 500
Feet
Proposed Full Capture Device Locations
City of Fort Bragg
"S Proposed Device Locations
Stormdrain Network
Highway 1 (CalTrans Jurisdiction)
_ Stormwater Outfalls
High Density Priority
Stormwater Basins
City Limit
Priority Land Use Areas
High Density
Commercial
Industrial
Æa Transit Stops
±
These developed priority land use lots have no
built infrastructure to connect with the City's
storm drain network. No alternateland uses nor
devices proposed in this area.

Docusign Envelope ID: 848A34FA-B4E8-409B-AA77-3AB1091350CA

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