Chapter 17.55


17.55.010    Permit Required.

17.55.020    Application for Dredging Permits.

17.55.030    Limits on Development.

17.55.040    Limits on Uses.

17.55.050    Approval of Dredging Permit.

17.55.010 Permit Required.

A.    Dredging bayward of residential and commercial property shall be the responsibility of the harbor permittee for the area delineated by the bayward prolongations of upland side property lines and the U.S. project line. All such dredging will require a dredging permit from the Public Works Department and other agencies with jurisdictional authority and may be subject to engineering approval by the Public Works Department.

B.    Dredging outside the established harbor lines will require prior approval by the Public Works Department and the U.S. Army Corps of Engineers. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-17 § 50, 2018: Ord. 2008-2 § 1 (part), 2008)

17.55.020 Application for Dredging Permits.

A.    Required Forms. Applications for dredging permits shall be filed in the office of the Public Works Department in writing on forms prescribed by the Public Works Director.

B.    Required Materials. Applications shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Public Works Director. Applications shall include the following:

1.    Eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys;

2.    Grain size analysis;

3.    Identification of the dredge disposal site and dredge quantities; and

4.    Any other materials the Public Works Director deems necessary to support the application.

C.    Required Signatures. Application for discretionary approvals may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application.

D.    Fees. Applications shall be accompanied by a fee as established by resolution of the City Council. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-17 §§ 51, 52, 2018; Ord. 2008-2 § 1 (part), 2008)

17.55.030 Limits on Development.

Development involving the diking, filling, or dredging of open coastal waters, wetlands, or estuaries shall only be permitted under the following circumstances:

A.    Only if there is no feasible, less environmentally damaging alternative.

B.    If there is no feasible, less environmentally damaging alternative, mitigation measures shall be provided to minimize adverse environmental effects.

C.    Dredged materials suitable for beneficial reuse shall be transported for such purposes to appropriate areas and placed in a manner that minimizes adverse effects on the environment. The permittee shall be encouraged to work with the City in making sure materials are available for harbor beach replenishment.

D.    Diking, filling or dredging projects shall sustain the functional capacity of the wetland or estuary. To establish that the functional capacity is being maintained, the applicant must demonstrate all of the following:

1.    The project does not alter presently occurring plant and animal populations in the ecosystem in a manner that would impair the long-term stability of the ecosystem; i.e., natural species diversity, abundance, and composition are essentially unchanged as a result of the project;

2.    The project does not harm or destroy a species or habitat that is rare or endangered;

3.    The project does not harm a species or habitat that is essential to the natural biological functioning of the wetland or estuary; and

4.    The project does not significantly reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem.

E.    Dredging and dredged material disposal shall avoid significant disruption to marine and wildlife habitats and water circulation. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2008-2 § 1 (part), 2008)

17.55.040 Limits on Uses.

Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with Section 30233 of the California Public Resources Code (Coastal Act) and the certified Local Coastal Program. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2013-11 §  174, 2013: Ord. 2008-2 § 1 (part), 2008)

17.55.050 Approval of Dredging Permit.

The Public Works Director shall issue the harbor dredging permit if the application complies with the limitations set forth in this chapter and he or she makes the findings set forth in Section 17.05.140(D)(1). (Ord. 2020-5 § 1 (part), 2020)