35.30.050 Regulations – Shoreline buffer clearing.
(1) General Requirements. When approving a new use/development, the Administrator may allow limited clearing, grading, thinning, and/or pruning in a shoreline buffer consistent with this section. Such allowances shall not require compensatory mitigation; provided, that the amount and extent of buffer modification is the minimum necessary to accommodate the allowed use, the modification is located within preexisting disturbed areas, areas with low ecological function value or within the “active use” area prescribed in CCC 35.30.030(4) and all other requirements of the Program are met. This requirement is meant to ensure that impacts are avoided and minimized to the extent possible.
(2) Clearing for Views or Access. The Administrator may allow limited and selective tree removal, pruning, and/or limbing in the buffer to create a view of the shoreline or accommodate access to the water when otherwise consistent with this Program and the following:
(a) The location and size of the view corridor shall be clearly defined on the site plan.
(b) Approval of selective vegetation clearing shall require preparation of a vegetation management plan prepared by a qualified arborist, forester or landscape architect when the vegetation clearing involves removal of trees greater than three inches in diameter at a height of five feet and use of ground-disturbing equipment such that soils or topography are materially altered; and/or the buffer condition following selective clearing does not meet the stem density and/or percent cover targets defined in CCC 35.30.030(4).
(c) The vegetation management plan shall identify and describe the location and extent of the proposed tree removal, pruning, and limbing and shall include measures to mitigate the adverse impacts of vegetation removal, including but not limited to planting replacement trees or shrubs which do not diminish views but which provide beneficial functions such as stabilizing soils and providing shade, cover and/or food resources for wildlife. The species to be planted shall be adequate to create a functioning buffer similar to what would be found on a relatively undisturbed site. Trees shall be replaced at a ratio of three to one (planted:removed).
(d) For properties within designated landslide or erosion hazard areas, the Administrator may require review of the vegetation management plan by an engineering geologist or geotechnical engineer to ensure that the proposed removal, pruning, and/or limbing will not cause or exacerbate hazards associated with soil or slope instability.
(e) For properties in or adjacent to wetlands or other sensitive habitats, the Administrator may require review of the vegetation management plan by a qualified biologist to ensure that the proposed removal, pruning, and/or limbing will not cause significant harm to species or habitats.
(f) A vegetation management plan is not required if the clearing can be accomplished using the pruning/limbing preferred techniques shown in Figure 5-1 and without removing trees greater than three inches in diameter at a height of five feet; no ground-disturbing equipment is required; soils or topography are not materially altered; and the buffer condition following selective pruning/limbing conforms to the stem density and/or percent cover targets defined in CCC 35.30.030(4).
(3) Hazard Tree Removal. Removal of a hazard tree may be allowed in the buffer when trimming is not sufficient to address the hazard. Where the hazard is not immediately apparent to the Administrator, the hazard tree determination shall be made after Administrator review of a report prepared by a qualified arborist or forester. Any tree removal shall be the minimum necessary to balance protection of the shoreline and its buffer with protection of life and property. To mitigate impacts of tree removal, the Administrator shall require planting of tree(s) or other vegetation, and may require leaving hazard trees taken down in buffer areas for habitat and/or woody debris recruitment along riparian corridors.
(4) Private Pathways. Private pathways which provide pedestrian access to the shoreline may be allowed within the shoreline buffer provided they are constructed of pervious material, are less than or equal to six feet wide, and follow a route that minimizes erosion and gullying (e.g., a winding but direct path). Pathways may include a maximum of one private picnic/view platform, patio or landing within each lot; the picnic/view platform, patio or landing shall be a maximum of 100 square feet in size and may be covered by a roof structure no more than 10 feet in height above the floor elevation of the structure. Pathways shall be located within view corridors and/or the active use zone, as indicated in CCC 35.30.030(4), to the maximum extent practicable in order to minimize buffer disturbance. For properties within designated landslide or erosion hazard areas, the Administrator may require review by an engineering geologist or geotechnical engineer to ensure that the pathway will not cause or exacerbate hazards associated with soil or slope instability.