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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. ~ t .. • -' --· ', '· H<a1th> Fiill --.-· -Hu;/.tJ:v 111::t;, d1£iis _ -µ~aZth,Y 'cvm11l~ules .< ' j ~ e 'r ' ~ '"• --' '~ 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