CC 2015-05-12_08d Fee Waiver Request_CC Salmon EnhancementMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: ~$.'KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF WAIVER OF THE PLANNING APPLICATION
FEE FOR CONDITIONAL USE PERMIT 15-001 TO IMPLEMENT A
STREAM GAUGE FISH PASSAGE IMPROVEMENT PROJECT;
LOCATION -ARROYO GRANDE CREEK IN PROXIMITY TO
CLARENCE AVENUE AND MYRTLE DRIVE (APN 007-572-029 AND
007-572-031 ); APPLICANT CENTRL COAST SALMON
ENHANCEMENT, INC. (CCSE)
DATE: MAY 12, 2015
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving a waiver of the
planning application fee for Conditional Use Permit 15-001.
FINANCIAL IMPACT:
Waiving the Conditional Use Permit application fee will result in a reduction in revenues
of $3,623 (see Attachment 1 for fee waiver request letter from CCSE).
BACKGROUND:
Project Location:
Item 8.d. - Page 1
CITY COUNCIL
CONSIDERATION OF WAIVER OF THE PLANNING APPLICATION FEE FOR
CONDITIONAL USE PERMIT 15-001; LOCATION -ARROYO GRANDE CREEK (APN
007-572-029 AND 007-572-031); APPLICANT -CENTRAL COAST SALMON
ENHANCEMENT(CCSE) .
MAY 12, 2015
PAGE2
Central Coast Salmon Enhancement (CCSE) is a small non-profit organization that
serves counties from Monterey to Ventura focusing on coastal watersheds. Their goal
is to help communities strengthen, protect and understand their watersheds and
fisheries through education and engagement. CCSE serves the Arroyo Grande
community through a combination of watershed restoration and classroom education.
Their restoration projects provide hands-on opportunities for the community to
reconnect with their local watershed, whether through citizen science or service. The
CCSE school program.aims to inspire the future generations of environmental stewards
through place-based and experiential learning.
Project Description
CCSE received a grant through the 2014 Fisheries Restoration Grant Program (FRGP)
administered by the California Department of Fish and Wildlife (CDFW). FRGP was
established in 1981 in response to rapidly declining populations of wild salmon and
steelhead trout and deteriorating fish habitat in California. This competitive grant
program has invested millions of dollars to support projects from sediment reduction to
watershed education throughout coastal California. Contributing partners include federal
and local governments, tribes, water districts, fisheries organizations, watershed
restoration groups, the California Conservation Corps, AmeriCorps, and private
landowners.
CCSE proposes to modify an existing broad-crested concrete weir spanning the width of
Arroyo Grande Creek (see Attachment 2 for photos). The weir, combined with a stage
gauge, was once used by the United States Geological Survey (USGS) as a gauging
station and is still currently in use by the County of San Luis Obispo. The project will
lower this weir to restore reliable access to 3.3 miles of critical steelhead habitat
upstream of the barrier. The barrier modification will provide passage for both adult and
juvenile steelhead trout at both low and high flows by notching the weir to lower the
jump height and reduce velocity. Technical details of passage and flow conditions
resulting from the proposed project have been vetted by an experienced team of
biologists, engineers and other scientists from a range of public agencies, non-profits,
and private firms.
The project will involve accessing the site from Myrtle Street. A crane will be utilized to
lower heavy machinery into the creek and remove demolished concrete. The staging
area for the heavy machinery is at the top of the bank immediately upstream of the
gauge. An access path for manual movement of material into and out of the creek will
be created adjacent to the staging area. The new weir will be poured using a quick set
concrete that requires only about 24 hours of cure time.
There may also be issues with the rock slope on the south bank, which may not be
keyed into the channel bed. If the rock slope is not keyed in, it could be affected when
Item 8.d. - Page 2
CITY COUNCIL
CONSIDERATION OF WAIVER OF THE PLANNING APPLICATION FEE FOR
CONDITIONAL USE PERMIT 15-001; LOCATION -ARROYO GRANDE CREEK (APN
007-572-029 AND 007-572-031 ); APPLICANT -CENTRAL COAST SALMON
ENHANCEMENT(CCS~
MAY 12, 2015
PAGE3
stream channel naturally adjusts to the new weir elevation during winter flows. To
prevent any impacts to the rip rapped slope, an exploration trench at the toe of the
existing rip rapped-slope is proposed to confirm the depth of the existing embedment.
After inspection by the engineer, the contractor will either backfill and compact the
trench or extend the trench along the entire base of the existing rip rapped slope and
backfill with four (4) ton rock.
A concrete grade control structure will also be built to prevent channel incision upstream
of the project site. The grade control structure will be constructed using the quick set
concrete mentioned above. Water will be diverted around the project site during
construction and concrete cure time. Construction is tentatively scheduled to
commence in July 2015. ·
ANALYSIS OF ISSUES:
On January 15, 2008, the San Luis Obispo County Board of Supervisors approved a
Memorandum of Understanding (MOU) between the San Luis Obispo County Flood
Control and Water Conservation District, Zone 3 and GCSE to replace the Arroyo
Grande stream gauge. As lead agency, the CDFW adopted an Initial Study/Mitigated
Negative Declaration for all projects approved with the 2014 FRGP.
GCSE submitted a letter requesting a waiver of the Conditional Use Permit application
fee ($3,623) for the Stream Gauge Fish Passage Improvement Project in order to
remain within budget (Attachment 1 ). The letter lists several uncompensated benefits
that GCSE has provided to the City over the past several years, which include:
• Provision of watershed education programming accomplished within the City
limits for use in the City's stormwater permit annual reporting.
• Partnering on Creek Day clean-up events.
• Ivy removal events.
• Initiation of the Arroyo Grande Creek Memorandum of Understanding (MOU)
group to coordinate/cooperate on projects that benefit the City (e.g. the Tally Ho
Restoration project).
• Completion of the Arroyo Grande Creek Watershed Management Plan which
helped to inform the City's Creek Resource Protection Study.
• Provision of language for use in developing signage for the bioswale behind the
previous location of City Hall.
• Developing funding and implementing plans for two creek aligned trails to
complement the City's larger creek trail system.
The Project is consistent with General Plan Objective C/OS2, which states: "Safeguard
important environmental and sensitive biological resources _contributing to healthy,
functioning ecosystems." The Project is also consistent with General Plan
Item 8.d. - Page 3
CITY COUNCIL
CONSIDERATION OF WAIVER OF THE PLANNING APPLICATION FEE FOR
CONDITIONAL USE PERMIT 15-001; LOCATION -ARROYO GRANDE CREEK (APN
007-572-029 AND 007-572-031); APPLICANT -CENTRAL COAST SALMON
ENHANCEMENT (CCSE)
MAY 12, 2015
PAGE4
Implementing Policy C/OS2-1.6: "Plan, design, and develop sites to: Protect scenic
resources, water quality and natural creekside habitat, including opportunities for wildlife
habitation, rest, and movement. Further the restoration of damaged or degraded
habitat, especially where a continuous riparian habitat corridor can be established."
The project serves the public purpose of furthering the preservation of the wild salmon,
steelhead trout and other deteriorating fish habitat. GCSE is a non-profit and a waiver
of the application fee will allow GCSE to implement the Stream Gauge Passage
Improvement Project.
ALTERNATIVES:
The following alternatives are presented for City Council consideration:
1. Adopt the attached Resolution, granting a waiver of planning application fee for
Conditional Use Permit 15-001;
2. Do not adopt the attached Resolution; or
3. Provide direction to staff.
ADVANTAGES:
Approving the requested fee waiver will reduce costs for GCSE in the amount of $3,623,
which will instead be used to implement the Stream Gauge Fish Passage Improvement
project. The Project also helps to implement General Plan Objective C/OS2.
DISADVANTAGES:
Approving the requested fee waiver will result in a loss of revenue to the City in ·the
amount of $3,623.
ENVIRONMENTAL REVIEW:
None required for waiver of fees.
PUBLIC NOTICE AND COMMENT:
The Agenda for this meeting was posted in front of City Hall on Thursday, May 7, 2015.
The Agenda and this staff report were posted on the City's website on Friday, May 8,
2015. No public comment has been received.
Attachments:
1. Letter from GCSE
2. Photographs of existing stream gauge within Arroyo Grande Creek
Item 8.d. - Page 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING A WAIVER OF THE
PLANNING APPLICATION FEE FOR CONDITIONAL USE -
PERMIT 15-001; LOCATION -ARROYO GRANDE CREEK
IN PROXIMITY TO CLARENCE AVENUE AND MYRTLE
DRIVE (APN 007-572-029 AND 007-572-031); APPLICANT -
CENTRAL COAST SALMON ENHANCEMENT, INC. (CCSE)
WHEREAS, GCSE has submitted Conditional Use Permit 15-001 for the Stream Gauge
Fish Passage Improvement Project (the· "Project") that will lower an existing broad-crested
concrete weir spanning the width of Arroyo Grande Creek to restore reliable access to 3.3
miles of critical steel head trout habitat upstream of the concrete barrier; and
WHEREAS, the applicant has requested a waiver of the Conditional Use Permit
application fee; and
WHEREAS, the City Council has considered the requested waiver of the planning
application fee associated with Conditional Use Permit 15-001 at a meeting on May 12,
2015;and
WHEREAS, GCSE has partnered with the City at no cost over the past several years on
many projects, including:
• Provision of watershed education programming accomplished within the City
limits for use in the City's stormwater permit annual reporting;
• Partnering on Creek Day clean-up events;
• Ivy removal events;
• Initiation of the Arroyo Grande Creek Memorandum of Understanding (MOU)
group to coordinate/cooperate on projects that benefit the City (e.g. the Tally Ho
Restoration project);
• Completion of the Arroyo Grande Creek Watershed Management Plan which
helped to inform the City's Creek Resource Protection Study;
• Provision of language for use in developing signage for the bioswale behind the
previous location of City Hall;
• Developing funding and implementing plans for two creek aligned trails to
complement the City's larger creek trail system; and
WHEREAS, Objective C/OS2 of the Arroyo Grande General Plan specifies that the City is
to safeguard important environmental and sensitive biologjcal resources contributing to
healthy, functioning ecosystems; and -
WHEREAS, Implementing Policy C/OS2-1.6 of the Arroyo Grande General Plan states
that the planning, design, and development of sites should include the protection of
scenic resources, water quality and natural creekside habitat, including opportunities for
wildlife habitation, rest, and movement, and that the restoration of damaged or degraded
Item 8.d. - Page 5
RESOLUTION NO.
PAGE2
habitat should also be implemented, especially where a continuous riparian habitat
corridor can be established; and
WHEREAS, the City Council finds, after due study and deliberation, that granting the
requested waiver of the planning application ·fee associated with Conditional Use Permit
15-001 will help GCSE to enhance native steelhead trout habitat by applying the $3,623
application fee towards removing a critical obstacle to upstream steelhead trout migration;
and
WHEREAS, the Project serves the public purpose of furthering the presei-Vation of the
wild salmon, steelhead trout and other deteriorating fish habitat; and
WHEREAS, GCSE is a non-profit entity and a waiver of the application fee will allow
GCSE to implement the Stream Gauge Passage Improvement project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby grants a waiver of the planning application fee associated with Conditional
Use Permit 15-001 in the amount of $3,623. ·
On motion by Council Member
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member
the foregoing Resolution was adopted this 1 ih day of May, 2015.
, and by the
Item 8.d. - Page 6
RESOLUTION NO.
PAGE3
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
ROBERT McFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
Item 8.d. - Page 7
ATTACHMEN,T 1
Centra~ Coast Sa~mon Enha01cement, ~nc.
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December 16, 2014
Teresa McClish
Community Development Director
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
Dear Teresa,
229 Stanley Avenue, Arroyo Grande, CA 93420
Phone: (805) 473-8221 Fax: (805) 473-8167
www. centra/coastsa/mon. com
Please accept this letter of request to consider waiving Conditional Use Permit fees for Central Coast Salmon
Enhancement's (CCSE) Arroyo Grande Stream Gauge Fish Passage Improvement Project. We are hoping to
receive a full or partial waiver to remain within the budget we requested from funders to complete the project
scope of work. CEQA requirements have already been met through the California Department of Fish and
Wildlife's Fisheries Restoration Grant Program. We are providing a copy of the MND for your files.
In addition, we'd like the City's consideration that our partnership with the City of Arroyo Grande over the
years has provided uncompensated benefits to the City. These include:
• Provision of watershed education programming accomplished within the City limits for use in the
City's storm water permit annual reporting.
• Partnering on Creek Day Clean-up events where CCSE provides public relations support, volunteer
recruitment and reporting to the Creek Day Committee.
• Ivy removal events over the years where CCSE provides media coverage, volunteer recruitment, and
project management for the effort.
• Initiation of the Arroyo Grande Creek Memorandum of Understanding (MOU) group to
coordinate/cooperate on projects that benefit the City such as the Tally Ho Restoration project.
• Completion of the Arroyo Grande Creek Watershed Management Plan which helped to inform the
City's Creek Resource Protection Study.
• Provision of language for use in developing signage for the bioswale behind the previous location of
City Hall.
• Developing, funding and implementing plans for two creek aligned trails to complement the City's
larger creek trail system.
We greatly value our relationship with the City and hope to continue enhancing the creek's value to the
quality of life for the citizens of the City. Thanks very much for your consideration.
Sincerely,
Christopher Lim
Executive Director
Steph Wald
Watershed Projects Manager
Item 8.d. - Page 8
AITACHMENT2
Photo 1 -Looking upstream (from approx. station 1+90) at weir to be lowered.
Photo 2 -Looking downstream from top of weir (at approximately station 2+10) to downstream
pool
Item 8.d. - Page 9
Photo 3. Looking down the rip-rapped left bank (at approx. station 2+75) and towards the stream.
Exploratory trench will be excavated at the toe of this rip rap. Willow shrubs seen in photo may be
removed as part of trench exploration. The willows seen in this photo were part of outfall 1600
requirement and not part of previous riparian vegetation.
Item 8.d. - Page 10
Photo 4 -Looking upstream (from approximately station 2+50) in the general direction of the
future grade control. Actual location of the grade control (approx. station 3+80) is upstream of
overgrown shrubs seen at the upstream end of this photo graph. The actual grade control site,
station 3+80, is overgrown and could not be photographed in a meaningful way.
Item 8.d. - Page 11
Photo 5 -Staging area top of left bank. Five of the eight Manzanita shrubs that may be impacted
are seen on the right side of the photo. The Manzanitas were part of a revegetation effort after the
Cherry Creek construction and not naturally occurring at this location.
Photo 6 -Top of left bank looking towards vegetation that will be removed and trimmed to create
an access foot path for manual movement of material into and out of the creek. The shrub
vegetation seen here and to be removed is poison oak. Larger trunks seen on left and right side of
photo are willows. Path will be made to avoid willows.
Item 8.d. - Page 12