Zoning administrator approves Elkhorn Slough restoration basins with softened maintenance condition

The Monterey County zoning administrator approved a combined development permit for PLN260058, a habitat restoration project proposed by the Elkhorn Slough Foundation to build two infiltration basins and restore degraded riparian and wetland habitat near 36 Hall Road in Royal Oaks.

Project planner Jordan Evans Polacco told the hearing the proposal involves major vegetation removal and development within 100 feet of an Environmentally Sensitive Habitat Area (ESHA) and within 750 feet of known archaeological resources, but that biological and archaeological surveys and proposed mitigation would limit impacts. "Therefore, as cited, designed, and conditioned, the proposed project will be consistent with the regulations for the development adjacent to environmentally sensitive habitats and will not result in impacts to ESHA," Polacco said during the presentation.

Dan Herbstead of RCD Santa Cruz County, the applicant, described siting the basins where they expect connectivity to the aquifer and framing the basins to capture peak stormwater flows rather than base flows. "We see it as a benefit with the known kind of flooding issues downstream," Herbstead said, explaining the project aims to maintain riparian habitat while reducing downstream peak flows.

The zoning administrator and staff discussed permit dependencies with state and federal agencies; Herbstead said the project team holds a statewide restoration general order from the regional water board and has applied for a restoration management permit and other agency approvals. Staff and the applicant flagged condition 9, the stormwater operations and maintenance agreement and annual inspection requirement, as an item for clarification. The zoning administrator said he would "soften" the condition so that annual inspection/maintenance obligations remain under the discretion of environmental services staff and can be negotiated with the applicant.

Staff recommended a categorical CEQA exemption and approval; after the non-substantive edits and the softened condition 9, the zoning administrator found the exemption applicable and approved the combined development permit with the revised language and standard conditions. The resolution and the applicable permit conditions remain available in the county record for implementation and future monitoring.