COUNTY OF SAN MATEO

Inter-Departmental Correspondence

ENVIRONMENTAL SERVICES AGENCY

DATE:

June 21, 2004

SET TIME:

10:15 a.m.

BOARD MEETING DATE:

July 6, 2004

TO:

Honorable Board of Supervisors

FROM:

Marcia Raines, Director of Environmental Services

SUBJECT:

Consideration of an appeal of the Planning Commission’s decision to approve a Coastal Development Permit to construct the Devil’s Slide Tunnel project. This project is appealable to the California Coastal Commission.

County File Number:

PLN 2003-00428

RECOMMENDATION

Deny the appeal and uphold the decision of the Planning Commission to approve the Coastal Development Permit, County File No. PLN 2003-00428, by adopting the required findings and conditions of approval listed in Attachment A.

PROPOSAL

The applicant is proposing to construct approximately 6,500 linear feet of new alignment along State Route 1, consisting of two parallel tunnels with a length of 4,000 feet, a North Portal approach of 1,500 feet that includes parallel bridges measuring 1,050 feet, and a South Portal approach of 1,000 feet. Each tunnel will be 30 feet wide and will provide a single traffic lane. Approximately 5,250 feet of the existing Highway 1 alignment will be abandoned as a result of this project. The applicant has proposed constructing parking areas at both ends of the abandoned highway and converting this portion into a non-vehicular public trail.

The project will generate approximately 610,000 cubic yards of material. All excess soil will be transported to a fill disposal site located approximately 1,800 feet south of the South Portal. A Tunnel Operations and Maintenance Center (OMC) will be constructed near the existing highway on a portion of the disposal site. The OMC/disposal site will be contour graded and revegetated with coastal scrub species.

BACKGROUND

Report Prepared By: Michael Schaller, Project Planner, Telephone 650/363-1849

Appellant: Coastal Family Alliance

Applicant: Caltrans

Owner: Dana Denman, Andreas Bechtolshiem, June Schanbacher, Charlise Heiser Tr.

Location: Proceeding south from Pacifica, the proposed new alignment departs from the existing State Route 1 along an uphill grade approximately 0.5 kilometer (0.3 mile) south of Linda Mar Boulevard in Pacifica, bridges the valley at Shamrock Ranch on a curve and enters the twin tunnels beneath San Pedro Mountain. The proposed alignment will exit the tunnels at a cliff face just south of the Devils Slide promontory and rejoin the existing highway on a slight downhill grade.

APNs: 023-731-020, 023-741-010, 023-741-020, 036-380-060, 036-380-070, 036-380-080, 036-380-120

Existing Zoning: RM-CZ (Resource Management District – Coastal Zone), PAD (Planned Agricultural Development), RM (Resource Management District)

General Plan Designation: General Open Space and Agriculture

Sphere-of-Influence: Pacifica

Existing Land Use: Open Space and State Roadway

Flood Zone: Zone C (Areas of Minimal Flooding), FEMA Panel 060311-0085B, Effective Date: July 5, 1984

Environmental Evaluation: Caltrans is the lead agency for this project. As such, they have prepared the environmental documents for this project, including the 1986 Environmental Impact Statement/Environmental Impact Report (‘1986 EIR’), the First Supplemental Environmental Impact Statement/Environmental Impact Report (‘SEIR’), and the Second Supplemental Environmental Impact Statement/Environmental Impact Report (‘SSEIR’). The public review period for the SSEIR was March 19, 1999 through May 12, 1999. The Federal Highway Administration issued a Record of Decision on this document on September 13, 2002. The County of San Mateo is serving as a responsible agency under the California Environmental Quality Act by virtue of the Coastal Development Permit which it must issue for the project.

Setting: Devil’s Slide is a place name given to a steep, rocky coastal promontory located about midway between Montara and the Linda Mar District of Pacifica. Locally, however, Devil’s Slide commonly refers to the entire stretch of rugged coastline extending from the promontory north to Point San Pedro.

San Pedro Mountain, which rises to over 1,000 feet in elevation about 0.5 mile inland from the ocean, backs Devil’s Slide to the east and marks the northern end of the larger landmass known as Montara Mountain. Montara Mountain forms the high northwest trending ridge separating the San Mateo County coast from San Francisco Bay.

The summit ridge of San Pedro Mountain trends west-northwest from Montara Mountain across the alignment of the tunnel. The tunnel will pass under this summit ridge approximately 0.25 mile inland of the existing highway. The terrain is characterized by steep, eroded slopes with natural gradients ranging between thirty and seventy percent. Deeply incised gullies drain the ridges. An old, abandoned county road, several graded fire and utility maintenance roads, and foot trails crisscross San Pedro Mountain.

Extremely dense Northern Coastal Scrub covers most of the project vicinity, especially those portions over San Pedro Mountain and along the steeper foot slopes of Montara Mountain. This plant community is dominated by coastal sage and coyote brush. Other common species include poison oak, bush monkey flower, and California blackberry. Additional herbs include yarrow, pearly everlasting, yerba buena, coast figwort, monardella and lizard tail. Small grassy openings and barren rocky areas are scattered throughout the scrub. The scrub extends westerly to the cliffs above Devil’s Slide, although coyote brush becomes less dominant nearer the coast, replaced by poison oak and coastal sage along the bluffs.

In addition to the Northern Coastal Scrub community described above, the tunnel alignment corridor traverses areas with other types of vegetation that are both natural and introduced, including Aquatic Sites and Coastal Freshwater Marshes/Seeps, Willow Riparian Scrub, Coastal Grassland, Non-Native Forest, Pasture/Ranch Uses/Non-Native Brush land.

Chronology:

Date

Action

November 20, 2003

Application for Coastal Development Permit submitted.

May 26, 2004

Planning Commission approves Coastal Development Permit for construction of the tunnel project.

June 3, 2004

Appeal filed.

July 6, 2004

Board of Supervisors public hearing.

DISCUSSION

PREVIOUS ACTION

The Planning Commission voted 4-0 to approve this project. In doing so, the Commission adopted the recommended findings and conditions of approval as presented by the Planning Division.

KEY ISSUES OF THE APPEAL

The appellant filed the appropriate appeal form on June 3, 2004. Under “Basis for Appeal,” the appellant states: “Reversal of decision. Project does not fully comply with the San Mateo County Coastal Program and/or California Coastal Act.” No further reasoning for the appeal is provided. The appellant does not provide any specifics as to how, in his view, the project does not comply with the County LCP or Coastal Act. The Board is directed to the discussion on project compliance contained in Section C below. The same analysis was presented to the Planning Commission on May 26, 2004. While it is acknowledged that the project will have significant, unavoidable impacts to specific wetland and riparian resources, on balance the project is the most protective of overall coastal resources. This discussion is excerpted below:

“On January 9, 1997, the California Coastal Commission certified Measure T as being consistent with the Coastal Act. In its comprehensive findings, the Commission concluded that the proposed project would result in wetland fill. In certifying Measure T, the Commission applied the “conflict resolution test” as set forth in Public Resources Code Section 30007.5. In doing so, the Coastal Commission found that, although implementation of the proposed Measure T raised conflicts between several policies in Chapter 3 of the Coastal Act, on balance, the tunnel option best protected significant coastal resources. By virtue of the Coastal Commission’s certification, the County’s LCP now includes Measure T, which calls for a tunnel at Devil’s Slide, and allows for some impact to wetlands as a result of tunnel construction. In addition, on October 10, 2000, the Coastal Commission approved a Consistency Certification for the Devil’s Slide Improvement Project. This certification found that the proposed project is consistent with the California Coastal Management Program. It was acknowledged at that time that the project would impact sensitive habitat areas. Since that certification, the applicant has redesigned portions of the project to reduce impacts to a level below what the Coastal Commission considered. The Planning Commission believes that, based upon the avoidance, minimization, and mitigation measures incorporated into the final design of the project and the language of Measure T and the Coastal Commission’s certification, the proposed project is allowed under Policy 7.3 (Protection of Sensitive Habitats).”

CONFORMANCE WITH THE LOCAL COASTAL PROGRAM

Public Works Component

A Coastal Development Permit is required pursuant to San Mateo County Local Coastal Program (LCP) Policy 2.1, which mandates compliance with the California Coastal Act for any government agency wishing to undertake development in the Coastal Zone.

Policy 2.50 - Route 1 Capacity Limits. This policy limits Phase I improvements on Highway 1 to slow vehicle lanes on uphill grades and the construction of a tunnel for motorized vehicles only behind Devil’s Slide through San Pedro Mountain. The tunnel design shall be consistent with (a) Coastal Act limits restricting Route 1 to a 2-lane scenic highway, and (b) minimum State and federal tunnel standards. A separate trail for pedestrians and bicycles shall be provided outside the tunnel as specified in Policy 2.56a. As can be seen in the attached plans, the applicant has designed the proposed tunnel and its approach areas to maintain the existing 2-lane configuration of Route 1. Sidewalks will be provided in each tunnel to allow non-vehicular access for Caltrans workers as well as pedestrians and bicyclists. The old Route 1 alignment will be blocked to vehicular access and then maintained for pedestrians and bicycles as a non-motorized transportation facility. In addition to these design elements, there will be impacts upon road capacity during the construction of this project. To reduce the level of impact that this project will have upon Route 1’s capacity, the Planning Commission is including conditions of approval that restrict construction truck traffic to periods outside of peak commute and recreational hours, and limiting lane closures to non-peak hours.

Policy 2.54 - Roadway Alignments. This policy restricts any future realignments of Route 1 to a tunnel behind Devil’s Slide. No part of Route 1 used by motor vehicles shall be built on any alignment that bisects Montara State Beach, including the “McNee Ranch Acquisition” except along the current Route 1 alignment. The proposed project is in compliance with this policy. In the 1980s, Caltrans proposed bypassing the Devil’s Slide by constructing an overland route, up and over Montara Mountain. This proposed alignment became known as the Martini Creek bypass. However, in 1996, County voters passed Measure T, which requires that a Devil’s Slide bypass be constructed through a tunnel behind Devil’s Slide, and that any other bypass alignment, such as the Martini Creek bypass, not be constructed without future approval of the voters. To implement Measure T, the County submitted an LCP amendment to the Coastal Commission that provided for the tunnel alignment (Policy 2.54), deleted references to the Martini Creek alignment, and rendered ineffective any other LCP provision to the extent it is inconsistent with Measure T. The Commission certified the amendment, finding that the tunnel was the least environmentally-damaging alternative and would have significantly fewer adverse effects on the environmental, scenic, and recreational resources of the area. Accordingly, the Martini Creek bypass was eliminated as an option by the LCP amendment.

The adoption of a tunnel as a way to bypass the Devil’s Slide has now made the old Martini Creek lands redundant as a transportation corridor. The State Department of Parks and Recreation (DPR) owns property on both sides of the Martini Creek alignment and has long expressed a desire to acquire the land within the redundant alignment to add to its existing McNee Ranch parkland. The transfer of these lands to DPR would ensure that the substantial coastal resources of the Martini Creek alignment and adjacent Montara Mountain lands are protected as required under the County’s LCP and the Coastal Act. As a result of consultations between Caltrans, DPR and Coastal Commission staff, and in tandem with developing the details of the tunnel project, Caltrans has proposed a Memorandum of Understanding with the other two state agencies to provide for the transfer of the Martini Creek bypass lands to DPR. As part of this agreement, legislation is also being developed that would authorize the sale and transfer of those properties in the Coastal Zone at their original acquisition costs for park purposes, as provided by Section 9 of Article XIX of the California Constitution. If the MOU and the proposed legislation result in the final transfer of the Martini Creek bypass lands to State Parks then they will also function as an alternative implementation of the intent of the Devil’s Slide Tunnel Initiative, including LCP Policy 2.54.

Policy 2.56 - Improvements for Bicycle and Pedestrian Trail. This policy requires that Caltrans, if a tunnel is constructed behind Devil’s Slide, must build a bicycle and pedestrian trail outside the tunnel. Upon the opening of the tunnel for public use, the old alignment will be abandoned and parking areas constructed at both ends. Upon completion of these improvements, Caltrans will relinquish the old alignment to an appropriate resource agency which will then manage this land for recreational purposes. If no State or Federal Agency has been identified by the completion of the improvements, then the County will become the default recipient and manager of the old Highway trail. It would then be the goal of the County to donate this land to a more appropriate agency with the ability to operate and maintain the trail for the long term.

Sensitive Habitats Component

Policy 7.1 - Definition of Sensitive Habitats. This policy defines sensitive habitats as any area in which plant or animal life or their habitats are either rare or especially valuable. This includes all perennial and intermittent streams and their tributaries, and lakes and ponds and adjacent shore habitat. Sensitive habitat areas include riparian corridors, wetlands, and habitats supporting rare, endangered, and unique species. The biological survey identified several areas of sensitive habitat within the project work area:

North Portal Area

Intermittent stream feeding the north pond. (Riparian)

The area immediately around the north pond. (Wetlands)

Intermittent stream adjacent to the North Portal. (Riparian)

The south pond and its earthen bank. (Wetlands)

Intermittent stream draining out of the south pond. (Riparian)

Perennial wetlands to the north of the south pond (corral area). (Wetlands)

Habitat pond north of the south pond. (Wetlands)

In the past, earthen dams were installed within two different drainage locations at Shamrock Ranch, creating the north pond and south pond. These ponds date from the 1950s when the existing drainages were impounded to form stock or irrigation ponds. In spite of the ongoing agricultural land uses, wetlands have evolved over time and now surround the perimeter of the ponds. These wetlands function as habitat for wildlife and contain a high diversity of vegetation including willow, tule, rush, and blackberry.

The ponds also provide habitat for a listed wildlife species. The California red-legged frog (CRLF) populates both the north and south ponds and uses the areas for breeding, feeding, and refuge. The CRLF is a federally-threatened species and is also designated as a State of California “Species Of Special Concern.” Therefore, all wetlands associated with the ponds have a high wildlife habitat value.

The buffer zone around the west, north and east sides of the north pond is generally of moderate to high habitat value. Along the south side of the pond, the buffer zone consists primarily of a horse pasture characterized by closely cropped annual grasses. Wildlife habitat values in this area are low.

The south pond buffer zone is characterized by generally high quality habitat with only minimal disturbance. The east and south sides of the pond exhibit well-developed riparian growth. On the north side, the south pond buffer zone intersects the buffer zone for the new frog pond with the only disturbance being a horse trail at the base of the impoundment dam.

There are two areas within the Ranch that contain intermittent drainages where wetlands are either contiguous to or are within the actual drainage. The coastal drainage immediately upstream of the north pond is bounded by coastal scrub and Monterey cypress. At the intermediate outfall of the pond, vegetation is dominated by poison oak. Further downstream, there is a riparian corridor containing willow, California blackberry and horsetail.

The buffer zone along the intermittent drainage upstream of the north pond is characterized by coastal scrub vegetation interspersed with disturbed grasslands and non-native forest stands of Monterey pine. Habitat value is moderate to high due to the diversity of the cover. The coastal scrub provides habitat value for birds and other wildlife. The diversity of habitat and abundance of ecotonal areas created by the pattern of natural vegetation and agricultural activities provides excellent foraging opportunities for raptors and scavengers such as owl, red-tailed hawk, kestrel, raven, and turkey vulture. Other wildlife, including the small reptiles such as the western fence lizard and the southern alligator lizard are found in these areas. Mammals observed in the project area include woodrat, raccoon, brush rabbit, grey squirrel, chipmunk, ground squirrel, striped and spotted skunk, coyote, and black-tailed deer. The buffer zone also functions as erosion control areas for winter storm peak runoff generated in the upper portion of the watershed.

The intermittent drainage located in a steep natural drainage at the planned North Portal is vegetated by a variety of coastal scrub species and a narrow band of plants adapted to seasonal moisture. These plants include California blackberry, stinging nettle, rush, giant chain fern, horsetail and poison hemlock.

The steep natural drainage at the planned North Portal buffer zone is characterized by dense coastal scrub vegetation with moderate to high habitat value. The coastal scrub provides habitat value for birds and other wildlife and also functions as erosion control areas for winter storm peak runoff generated in the upper portion of the watershed. The diversity of habitat and abundance of ecotonal areas created by the pattern of natural vegetation and agricultural activities provides excellent foraging opportunities for raptors and scavengers such as owl, red-tailed hawk, kestrel, raven, and turkey vulture.

A small portion of wetland area is located down slope from the south pond and immediately adjacent to an existing horse trail. This perennial wetland evolved over time and is apparently fed by seeps associated with the upper hillside above, possibly including underground seepage from the south pond. Hydrophytic vegetation is dominated by reed, horsetail, and blackberry. This wetland, which is adjacent to the enclosed new CRLF pond, functions as wildlife habitat for amphibians such as Pacific tree frogs and Coast garter snakes. During times of peak storm water runoff, this wetland serves to filter sediment from runoff flowing from the uphill slopes to the Shamrock Ranch valley below.

South Portal Area

Uphill drainage area adjacent to the South Portal (meets Riparian Corridor definition).

Seasonal ponding depression adjacent to the South Portal (meets the Wetlands definition).

Uphill Drainage Area

This natural perennial drainage is situated on the side of a steep, rocky hillside just east of Highway 1. It carries runoff from the upper watershed down to an existing drainage basin with a standpipe. The runoff flows from this standpipe under Highway 1 and ultimately into the ocean. Further uphill, the drainage was cut by the old county road alignment which has caused great disturbance and erosion over the years. The old county roadway alignment is the limit of the study area for this delineation. However, the cutting of the drainage has also affected the immediate topography in such a way that additional wetlands have developed within the abandoned alignment.

The portion of the drainage immediately above the seasonal ponding depression to the old county road is so steep that it creates a small cascading waterfall during the winter and spring and supports a small wetland strip. Toward the top of the cascading waterfall, there are areas of willow on both sides of this steep hillside. Owls and ravens use this steep drainage area for habitat. Other important functions of the cascading waterfall and the rest of the uphill drainage are open space and the contribution to aesthetic values.

Above the steep waterfall, the drainage somewhat flattens and fans out to a bowl-shaped area. At the bottom and the lower sides of this bowl-shaped drainage, the hydrophytic vegetation is very dense and diverse. The above normal precipitation of the El Nino rainy season caused a mudslide within the top portion of this drainage.

The vegetation found within buffer zone areas at the South Portal Drainage Area is primarily coastal scrub mixed in with large boulders and rocky areas. The coastal scrub provides habitat value for birds and other wildlife; therefore the buffer zone has relatively high habitat value on three sides of the wetland. Typical bird species include the California quail, the white-throated swift, song sparrow, white crown sparrow, Bewicks wren, barn swallow, cliff swallow, Wilson warbler, yellow warbler, bushtit, scrub jay, California thrasher, brown twohee, spotted twohee, lesser goldfinch, and house finch. Other wildlife including the small reptiles such as the western fence lizard and the southern alligator lizard are found in these areas. Mammals observed in the project area include woodrat, raccoon, brush rabbit, grey squirrel, chipmunk, ground squirrel, striped and spotted skunk, coyote, and black-tailed deer. In addition, the peregrine falcon nests on a coastal bluff nearby on the other side of existing Highway 1 and uses the coastal scrub area for foraging opportunities. The buffer zone also functions as erosion control areas for storm peak runoff generated in the upper portion of this watershed that drains San Pedro Mountain and the steeply sloping hills. Existing Highway 1 interrupts the buffer zone on the west and limits the habitat value on this side due to the lack of vegetation.

Seasonal Ponding Depression

Prior to the construction of Highway 1, runoff from this drainage area flowed directly and freely into the Pacific Ocean. The new roadway blocked off the canyon, and Caltrans placed a culvert under Highway 1 to carry the existing flow into the ocean. Sometime during the early 1970s, Caltrans determined that there were problems with the drainage mainly due to blocking of the culvert. To rectify this, Caltrans installed a ten-foot-high by four-foot-diameter slotted standpipe (above ground riser) to meter drainage from the canyon. This maintenance improvement resulted in the inadvertent creation of a seasonal wetland depression at the base of the standpipe. During normal rainy seasons, the runoff from the surrounding hillside watershed ponds around the base of the riser for at least two weeks resulting in an area of seasonal aquatic habitat. Although the depression does not pond during the summer, the drainage leading to the standpipe retains a permanent water flow.

The standpipe was originally expected to perform two functions:

To slow the water during heavy rainfall.

To prevent clogging of the culvert under Highway 1.

Attenuate downstream erosion by metering out flow.

Eventually, the lower slots of the standpipe became plugged; however, the standpipe continued to function because of the slots at higher points of the pipe were still functional and clear of debris. Over time, the ponding water and silt around the base of the riser resulted in the establishment of hydrophytic vegetation within the depression, although these plants were primarily facultative rather than obligate wetland species. The dominant vegetation here includes willow, reed, and poison hemlock.

The wetlands at the Seasonal Ponding Depression have moderate to high wildlife habitat value for Amphibians. This involves Pacific tree frog and Coast garter snake, which were observed at the site during field surveys for the project. In response to a request from the Midcoast Community Council, Caltrans conducted additional frog and garter snake surveys of wetland areas within the project site during the spring and summer of 2002. On May 16, 2002, four CRLF were found within the Seasonal Ponding Depression and Permanent Drainage. Based on the survey results, it appears that this drainage provides foraging habitat for randomly wandering CRLF, but since the ponding area around the standpipe does not last until the end of August, the drainage does not provide suitable breeding habitat for this species. In addition to sediment detention and foraging habitat for CRLF, this depression functions as a small area of open space. As a result of these findings, FHWA requested reinitiation of formal endangered species consultation with the USFWS on April 8, 2003 for the CRLF. In March of 2004, the USFWS completed the reinitiation of formal endangered species consultation and issued the USFWS letter dated March 25, 2004.

The South Portal Drainage Seasonal Ponding Depression buffer zone area is characterized by coastal scrub with relatively high habitat value. Typical bird species include the California quail, the white-throated swift, song sparrow, white crown sparrow, Bewicks wren, barn swallow, cliff swallow, Wilson warbler, yellow warbler, bushtit, scrub jay, California thrasher, brown twohee, spotted twohee, lesser goldfinch, and house finch. Other wildlife including the small reptiles such as the western fence lizard and the southern alligator lizard are found in these areas. Mammals observed in the project area include woodrat, raccoon, brush rabbit, grey squirrel, chipmunk, ground squirrel, striped and spotted skunk, coyote, and black-tailed deer. In addition, the peregrine falcon nests on a coastal bluff nearby on the other side of existing Highway 1 and uses the coastal scrub area for foraging opportunities. Existing Highway 1 interrupts the buffer zone on the west and limits the habitat value due to the lack of vegetation.

Disposal Site

Uphill seasonal ponding depression and Half Moon Bay – Colma Road Trail.

Downhill Seasonal Ponding Depression.

Uphill Seasonal Ponding Depression and Half Moon Bay-Colma Road Trail

A seasonal ponding depression has formed within the bottom of the Half Moon Bay-Colma Road Trail alignment that is located on the northern hillside. The base of the depression has been compacted so that it has low permeability to rain runoff. Consequently, water ponds within the bottom of the depression. The water in the seasonal ponding depression sometimes lasts into the summer before drying up. This depression has remained intact over time because the cut embankment directly above the depression is rocky so soil has not sloughed off from the hillside above to fill the depression. In addition, due to topographic changes, the rainfall runoff flowing down the hillside from above generally flows around the depression.

An important function of this wetland is to provide habitat for the Pacific tree frog, which uses the seasonal depression as breeding habitat during the winter and early spring. Tree frog larvae have been observed in the seasonal ponding area during spring. After the pond dries up in summer, the adult frogs continue to use the habitat in association with this depression for feeding and refuge. To date, no threatened or endangered wildlife or plant species have been found at the site. Secondary functions of this wetland include open space and minor erosion control.

West of the ponding depression within the Half Moon Bay-Colma Road Trail alignment, a strip of compacted soil meets the wetland criteria due to saturation and anaerobic soil conditions lasting greater than 15 consecutive days during the growing season. Without the soil compaction resulting from the Half Moon Bay-Colma Road Trail alignment, the soil would not be hydric because the soil matrix color is too high and there are no other indicators of a hydric soil. In relation to hydrophytic vegetation, there are only small patches of rush present on some portions of the Half Moon Bay-Colma Road Trail alignment. It is important to note that the compacted soil area within Half Moon Bay-Colma Road Trail alignment is dominated by either pampas grass or bare ground; therefore, the wetland does not provide good habitat for wildlife.

The buffer zone for the Uphill Seasonal Ponding Depression and the Half Moon Bay-Colma Road Trail is characterized by coastal scrub habitat of moderate to high value habitat. The coastal scrub provides habitat value for birds and other wildlife. The buffer zone also functions as erosion control areas for the winter storm peak runoff generated in the upper portion of this watershed that drains San Pedro Mountain and the steeply sloping hills.

Downhill Seasonal Ponding Depression

Prior to the construction of Highway 1, runoff from this drainage area flowed directly and freely into the ocean. The new roadway blocked off the canyon, and Caltrans placed a culvert under Highway 1 to continue the existing drainage into the ocean. Sometime during the early 1970s, as with the area at the South Portal, Caltrans installed a 10 ft. high by 4 ft. diameter slotted standpipe (above-ground riser) to meter drainage of the canyon.

Eventually, the standpipe plugged up at lower points but continued to be effective because of the slits at higher points of the pipe. The resulting siltation created favorable conditions for wetland species to grow at the site, although these plants were primarily facultative rather than obligate wetland species.

Sediment continues to build up around the above ground riser during times of peak runoff after heavy rainfall. During a normal or above normal rainy season, water ponds within the downhill seasonal ponding depression for at least two weeks. This site has some isolated value. Due to the steep terrain there is a lack of natural freshwater ponds and depressions in the local area. This wetland depression functions as habitat for Pacific tree frog and Coast garter snake, which Caltrans biologists have visually observed at the site. To date, no threatened or endangered species have been found at the site. Ice plant and pampas grass have become invasive species in portions of the downhill seasonal ponding depression and have caused some degradation of the habitat.

The buffer zone for the Downhill Seasonal Ponding Depression is characterized by coastal scrub habitat of moderate to high value habitat. The highway interrupts the buffer zone on the west side of the wetland. Typical bird species include the California quail, and the white-throated swift. Mammals observed in the project area include woodrat, raccoon, and brush rabbit.

A large gully has formed within portions of an abandoned roadway that is located where the OMC building is proposed. The base of the gully has become compacted. Consequently, it has a low permeability to rain runoff and water collects in the gully during peak storms. The gully forms an informal ephemeral drainage and is dominated by Pacific wax myrtle, willow, and elderberry. Due to the ephemeral nature of the drainage, the habitat value is limited. The buffer zone for this area is characterized by coastal scrub habitat of moderate to high value.

Policy 7.3 - Protection of Sensitive Habitats. This policy prohibits any land use or development which would have a significant adverse impact on sensitive habitat areas. It also requires that development in areas adjacent to sensitive habitats be sited and designed to prevent impacts that could significantly degrade these resources. All uses shall be compatible with the maintenance of biologic productivity of the habitats.

Project Impacts

Unavoidable wetland impacts will occur within the drainage areas for the Fill Disposal site, South Portal site, and North Portal/Shamrock Ranch site as a result of the project. The total area of wetlands that will be affected by the project is approximately 0.97 acres (42,253 sq. ft.). In addition, the project will permanently affect wetland buffer zones totaling approximately 12.68 acres (552,340 sq. ft.). These impacts are further discussed in detail below:

North Portal Drainage Area/Shamrock Ranch

A total of approximately 0.67 acres (29,185 sq. ft.) of wetlands and 4.02 acres (175,111 sq. ft.) of buffer zones will be impacted at the Shamrock Ranch Drainage Areas (Please see Attachments D-1 and D-2). This includes the following:

Approximately 3,049 sq. ft. of wetlands and 44,431 sq. ft. of buffer zones found on the earthen dam of the north pond and 20,473 sq. ft. of buffer zones at the Shamrock Ranch corral will be filled by the temporary construction access road (Location D in Attachment G-1 and Locations K and L in Attachment G-2). These wetlands function as habitat for wildlife and contain a high diversity of vegetation. All wetlands associated with the ponds have a high wildlife habitat value because the ponds also provide habitat for the CRLF. The buffer zone is generally of moderate to high habitat value. However, along the south side, the buffer zone consists primarily of a horse pasture characterized by closely cropped annual grasses. Wildlife habitat values in this area are low.

Approximately 23,086 sq. ft. of wetlands and 82,764 sq. ft. of buffer zones found in association with the North Portal intermittent drainage will be filled as a result of the project (Location E in Attachment G-1 and Location M in Attachment G-2). The North Portal intermittent drainage habitat value is moderate to high due to the diversity of the cover. The coastal scrub provides habitat value for birds and other wildlife. The North Portal intermittent drainage buffer zone is characterized by dense coastal scrub vegetation with moderate to high habitat value.

A small portion of a wetland area, approximately 3,049 sq. ft. and 27,442 sq. ft. of buffer zones, located down slope from the south pond and immediately adjacent to an existing horse trail, will be permanently filled due to the construction of an access road to the North Portal (Location F in Attachment G-1 and Location N in Attachment G-2). These wetlands function as habitat for wildlife and contain a high diversity of vegetation. All wetlands associated with the ponds have a high wildlife habitat value because the ponds also provide habitat for the CRLF. The buffer zone is characterized by generally high quality habitat with only minimal disturbance.

South Portal Drainage Area

The Seasonal Ponding Depression and Permanent Drainage wetland and buffer zone area will be impacted at the South Portal Drainage Area (Please refer to Attachments E-1 and E-2). This includes the following:

A total of approximately 5,227 sq. ft. of the lower portion of a permanent wetland drainage, which terminates in a seasonal ponding depression, will be filled as a result of the planned approach that connects the tunnel’s South Portal with the existing Highway 1 roadway. (Location C in Attachment H-1). This work will also impact approximately 66,646 sq. ft. of buffer zones in this area (Location J in Attachment H-2). This wetland functions as marginal, limited value wildlife habitat for amphibians such as Pacific tree frog and Coast garter snake. The South Portal Drainage Seasonal Ponding Depression buffer zone area is characterized by coastal scrub with relatively high habitat value.

Fill Disposal Site Drainage Area

A total of approximately 7,840 sq. ft. of wetlands and 310,582 sq. ft. of buffer zones will be impacted at the Fill Disposal Site Drainage Area (Please refer to Attachments F-1 and F-2). This includes the following:

Approximately 4,791 sq. ft. of wetlands will be impacted at the Half Moon Bay-Colma Road Trail (Location A in Attachment I-1) by the disposal of excavated materials from the tunnel and the South Rock Cut. Approximately 134,600 sq. ft. of the Half Moon Bay-Colma Road Trail buffer zone (Location H in Attachment I-2) will be impacted. It is important to note that the compacted soil area within the Half Moon Bay-Colma Road Trail alignment is dominated by either pampas grass or bare ground; therefore, the wetland does not provide good habitat for wildlife. The buffer zone for the Half Moon Bay-Colma Road trail is characterized by coastal scrub habitat of moderate to high value habitat.

Four other small areas within the Fill Disposal area, totaling 3,049 sq. ft. of wetlands and 175,982 sq. ft. of buffer zones will be filled as part of the OMC building and access road construction (Location B in Attachment I-1 and Location I in Attachment I-2). These wetlands may provide some habitat for birds, but due to the small size of the areas, no other important wetland functions are associated with them. The buffer zone for these small wetland areas is characterized by coastal scrub habitat of moderate to high value habitat.

Avoidance And Minimization Efforts

This project was originally proposed with a fill embankment across the Shamrock Ranch valley, which would have had substantial impacts upon the riparian and wetland resources in this area. Additionally, the original plans called for the filling in of the seasonal ponding depression at the fill disposal site and elimination of both wetland areas around the South Portal. To reduce these significant, adverse impacts, the applicant has made numerous design changes:

To avoid impacts to the north ranch pond and associated wetlands, the applicant is proposing to construct a bridge across the valley at the west end of Shamrock Ranch. These wetlands around the north pond support a known population of California red-legged frog. Filling this canyon to support the approach road would have resulted in permanent impacts to wetlands, the north pond, adjacent uplands and upstream drainages and CRLF habitat.

The applicant, in consultation with the U.S. Fish and Wildlife Service (USFWS), has established environmentally sensitive areas (ESA) at all three work areas. These areas will be delineated and marked with high visibility, frog-proof fencing, silt fencing, and sturdy perimeter barriers. No construction activity or movement through these ESAs will be allowed.

The design of the fill slope at the disposal site has been refined to avoid destroying the uphill ponding depression at this location. This was achievable due to reductions in the amount of fill generated by the South Rock Cut.

Caltrans achieved a significant reduction of wetland and riparian impacts by relocating access into the OMC site from the north to the south, pushing the OMC building further east, limiting grading and installing retaining walls. A modification to the Soil Nail Wall design at the South Rock Cut reduced the amount of fill to be placed at the Fill Disposal Site by 41,000 cubic yards. In turn, this avoided filling the downhill seasonal ponding depression (adjacent to Route 1) and associated willow riparian corridor.

The applicant reduced the amount of wetland impacts within Shamrock Ranch by realigning construction access roads throughout the property to avoid wetland areas. In addition, the applicant narrowed the roadway prism in spots that traversed wetlands to minimize impacts. This will be accomplished using temporary retaining walls. These design revisions will avoid and minimize wetland impacts at the north pond earthen dam and at a small wetland adjacent to the horse dressage ring.

An earlier iteration of this project included the installation of a bioswale within Shamrock Ranch to treat roadway runoff from Route 1. This bioswale would have resulted in small impacts to wetlands and riparian areas. The revised plan is to install a water quality basin to treat roadway runoff in a location that avoids these sensitive habitat areas.

An earlier iteration of this project proposed constructing the South Portal (northbound direction) as close to the hillside face as possible. The applicant has revised their design to extend the South Portal out and away from the face of the excavated slope. This will reduce the height and scale of excavation necessary to construct this feature of the project. The revised design involves constructing a retaining wall adjacent to the sliver wetlands along the steep hillside to eliminate the need to construct within the wetlands.

The original tunnel project called for roadway drainage improvements and a maintenance access area at the north end of the soil nail walls. These improvements would have required filling a seasonal wetland. The revised drainage plan will now allow runoff from above the walls to sheet flow over the face of the soil nail wall. This eliminated the need for drainage structures and access at the north end of the walls as well as significantly minimizing the excavation behind the walls thereby minimizing impacts to the seasonal wetland.

At the South Portal area, the original design called for extensive grading to produce a stable slope adjacent to the tunnel mouths. This slope removal would have resulted in the loss of both wetlands areas at this location. The applicant has redesigned the rock cut and is now proposing to incorporate a retaining wall in order to avoid impacts to the uphill drainage area.

The applicant, in consultation with the USFWS, developed a plan to relocate red-legged frog from the north pond (Shamrock Ranch) to minimize incidental take during construction (it should be noted that the Service has issued a Biological Opinion which authorizes incidental take of the CRLF). The plan included the creation of a pond on the Shamrock Ranch property, where new permanent habitat for the red-legged frog was established. The purpose of the pond was to provide additional habitat for frogs that would be relocated from the northern pond during construction, and as mitigation for potential indirect impacts resulting from the project. The USFWS endorsed the proposed pond creation and, in 2000, Caltrans constructed the new pond. In April and July, 2001, with approval from the USFWS, frogs were trapped at the north pond and relocated to the new pond. In addition to providing new California red-legged frog habitat, this pond also creates 0.04 acres of wetlands.

Unfortunately, not all impacts to sensitive habitat areas could be avoided. Policy 7.4 - Permitted Uses in Sensitive Habitats of the LCP permits only resource dependent uses in sensitive habitats. This project does not fall into that category of uses. However, the process that led to the certification of Measure T (the Devil’s Slide Tunnel Initiative) by the California Coastal Commission contemplated that a project consistent with the Measure would inevitably result in some impacts to sensitive habitats.

On January 9, 1997, the California Coastal Commission certified Measure T as being consistent with the Coastal Act. In its comprehensive findings, the Commission concluded that the proposed project would result in wetland fill. In certifying Measure T, the Commission applied the “conflict resolution test” as set forth in Public Resources Code Section 30007.5. In doing so, the Coastal Commission found that, although implementation of the proposed Measure T raised conflicts between several policies in Chapter 3 of the Coastal Act, on balance, the tunnel option best protected significant coastal resources. By virtue of the Coastal Commission’s certification, the County’s LCP now includes Measure T, which calls for a tunnel at Devil’s Slide, and allows for some impact to wetlands as a result of tunnel construction. In addition, on October 10, 2000, the Coastal Commission approved a Consistency Certification for the Devil’s Slide Improvement Project. This certification found that the proposed project is consistent with the California Coastal Management Program. It was acknowledged at that time that the project would impact sensitive habitat areas. Since that certification, the applicant has redesigned portions of the project, as outlined above, to reduce impacts to a level below what the Coastal Commission considered. The Planning Commission believes that, based upon the avoidance, minimization, and mitigation measures incorporated into the final design of the project and the language of Measure T and the Coastal Commission’s certification, the proposed project is allowed under Policy 7.3.

Policy 7.5 - Permit Condition. This policy requires, as part of the development review process, that the applicant demonstrate that there will be no significant impact on sensitive habitats. This is achieved by having the applicant submit a biological report outlining what resources exist at the project location and how the project may impact those resources. Included as Attachment F is the Biological Assessment prepared for this project. Also, the applicant has submitted a wetlands report, which identifies all wetlands (as defined by the Coastal Commission) within the project work areas and outlines potential impacts to those wetlands and their buffer zones. It also outlines mitigation measures to help reduce impacts to these areas.

In approving Measure T, the voters of San Mateo County acknowledged that some impacts could not be avoided, this is reflected in Section 4 of Measure T:

“Except as approved by the voters of San Mateo County subsequent to the effective date of this ordinance, if any existing or subsequently enacted provision of the General Plan, the Local Coastal Program, an area or special plan or other ordinance or resolution of the County of San Mateo, is inconsistent with this ordinance, that provision is superseded and rendered ineffective by this ordinance to the extent, but only to the extent, that it is inconsistent.”

As stated above, this project will have a significant adverse impact upon some of the sensitive habitat areas of the project site. However, the applicant has redesigned portions of this project numerous times to reduce those impacts as much as possible. The project before the Planning Commission is the least damaging design that could be produced while still meeting the intended goals of this project.

The second part of this policy requires the restoration of damaged habitat when it is feasible. As part of this project, the applicant has proposed an extensive revegetation plan (Attachments G-1 and G-2) including the re-establishment of wetland areas disturbed by construction around the North Portal. The applicant estimates that total impact to wetlands will be 0.97 acres. To compensate for this impact, the applicant is proposing to mitigate at a 4:1 replacement ratio. Due to the steep topography of the project site, full on-site mitigation at this level is not feasible. The applicant proposes to provide on-site mitigation where practicable and feasible. In addition, the applicant has proposed restoring and creating new wetland areas on a parcel just north of Montara and across from the former Charthouse Restaurant (Attachment K).

Policy 7.8 - Designation of Riparian Corridors. This policy establishes riparian corridors for all perennial and intermittent streams and lakes and other bodies of freshwater in the Coastal Zone. Based upon this policy, there are three riparian corridors around the North Portal work site, as discussed above. At the South Portal, there is a riparian corridor fed by the uphill drainage area, which empties into the seasonal ponding depression.

Policy 7.9 - Permitted Uses in Riparian Corridors. This policy outlines the allowed uses within riparian corridors, which include education and research, and fish and wildlife management activities, amongst others. When no feasible or practicable alternative exists, bridges are allowed, when their supports are not in significant conflict with corridor resources. At the North Portal, the south bridge abutments and the portal entrances will impact the corridor. Vegetation will be removed to accommodate the new structures, and the intermittent creek at this location will be rerouted slightly around the western abutment. After analyzing the data provided by the applicant, the Planning Commission believes that there is no practicable alternative to the proposed portal location. Shifting the portals to the west would likely result in impacts to the north pond’s intermittent stream. Shifting the portals to the east would increase the impact to the north pond itself. Additionally, shifting the portal locations to one side or the other could increase their visibility (currently, the portals are proposed in a cleft between ridge brows), thus conflicting with other LCP policies. To mitigate the impact to the portal riparian corridor, the applicant has proposed a revegetation plan for this area, consisting of black, thimble and elder berries and rushes. Those portions of the riparian corridor which will be permanently impacted will be replaced at the Charthouse mitigation site, as discussed above.

At the South Portal, the portal entrances and approach road will permanently remove most of the drainage pond at this location. Shifting the tunnel to the west to avoid this pond would result in difficulties connecting to the existing Highway 1 alignment. It would likely require substantial grading on the west side of the existing highway alignment in order to produce an approach angle that meets safety standards. Also, moving the tunnel to the west could encroach into the geologic fault zone that is the underlying problem of the Devil’s Slide area. Shifting the tunnel to the east would again require substantial grading on the west side of Highway 1 to accommodate the proper approach angle. The loss of a portion of the South Portal pond will be offset at the Charthouse mitigation site.

Despite the proposed restoration and mitigation measures, the project will still have a direct impact upon riparian corridor areas, and thus places this project in conflict with Policy 7.9. As discussed above, to the extent that this project does not constitute a permissible use under Policy 7.9, Section 4 of Measure T authorizes the tunnel despite such inconsistency since the significant adverse impact to the riparian corridors is unavoidable.

Policy 7.11 - Establishment of Buffer Zones (for Riparian Corridors). This policy requires the establishment of buffer zones on both sides of riparian corridors. Specifically, a buffer zone of 30 feet, from the “limit of riparian vegetation,” is required for intermittent streams, and 100 feet for ponds, except for manmade ponds used for agricultural purposes. Based upon this policy, there is a 30 ft. buffer zone on both sides of the intermittent creek feeding the north pond, however, this pond does not require a buffer zone because it is manmade and used for agricultural purposes. Piers 3S and 3N are outside of this riparian buffer zone, however, they are within the wetland buffer zone for the north pond. This will be discussed below. Also, the temporary construction road to access the Pier site will encroach into the buffer zone for this intermittent creek. The LCP does allow for impervious surfaces within riparian buffer zones only if no feasible alternative exists Policy 7.12 - Permitted Uses in Riparian Buffer Zones. This construction road will be temporary and will use aggregate for the road surface. Also, the applicant has proposed an extensive erosion control and revegetation plan (using native plant species) to prevent long-term impact to this intermittent creek (Policy 7.13 - Performance Standards in Riparian Buffer Zones).

There is also a 30 ft. buffer zone for the intermittent creek associated with the North Portal. Portions of this buffer zone will be permanently impacted by construction of the North Portals and associated bridge abutments. The impacts to this riparian corridor (and its associated buffer zone) were discussed above under Policy 7.9.

At the South Portal area, there is a 50-foot buffer zone associated with the uphill perennial drainage area. This buffer zone will not be impacted by the construction or use of the tunnel. There are no riparian areas at the disposal site. Again, to the extent this project does not constitute a permissible use under these policies, Section 4 of Measure T authorizes the project despite such inconsistencies since such impact is unavoidable.

Policy 7.14 - Definition of Wetland. The Final Draft Wetlands Report identifies several wetland locations at the North Portal work area that would be impacted by construction of the project. The first area consists of the horse trail wetlands to the north of the south pond. This perennial wetland evolved over time and is apparently fed by seeps associated with the upper hillside above, possibly including underground seepage from the south pond. Hydrophytic vegetation is dominated by reed, horsetail, and blackberry. As in the case of the wetlands found on the fill disposal site and the South Portal drainage area, this wetland functions as wildlife habitat for amphibians such as Pacific tree frog and Coast garter snake. During times of peak storm water runoff, this wetland serves to filter sediment from runoff flowing from the uphill slopes to the Shamrock Ranch valley below. This wetland will be impacted due to the construction of the access road to the North Portal.

The second wetland area that will be impacted is the earthen dam of the north pond. This area has been disturbed by agricultural activities, which continue today. The area is dominated by poison hemlock, blackberry, poison oak and other weedy species. According to the Final Draft Wetlands Report, this area has low habitat value except for passerine birds and small rodents. This area will be temporarily impacted by construction and use of the access road.

At the South Portal, the project will permanently impact the seasonal ponding depression (5,227 sq. ft. in size) adjacent to Highway 1. At the fill disposal site, the project will permanently impact the wetlands (4,791 sq. ft.) associated with the old Half Moon Bay – Colma Road alignment. The hydrology and soil conditions at this site are artificial due to the soil compaction resulting from the old county roadway cut. Without the soil compaction resulting from the abandoned roadway, the soil would not be hydric because the soil matrix color is too high and there are no other indicators of a hydric soil. This strip is dominated by bare ground and pampas grass, a plant species that is not hydrophytic, and provides almost no wildlife habitat value. Due to its small size, there are also no other important wetland functions associated with this site. Additionally, there are four small areas (3,049 sq. ft. total), in the vicinity of the proposed OMC building that will be filled. These depressions are dominated by Pacific wax myrtle, willow, and elderberry. One of these three areas consists of a single elderberry tree. The other two areas are located within the alignment of a dirt access road that was abandoned in the past and has altered the original natural conditions. These trees may provide some habitat for birds, but due to the small size of the areas, no other important wetland functions are associated with them.

Policy 7.16 - Permitted Uses in Wetlands. This policy dictates the allowed uses within wetlands. Among those uses are education, research and wildlife management. New roadways are not listed as one of the permitted uses. This conflict was discussed above under Policy 7.3. To recap, the County’s adoption of Measure T and the Coastal Commission’s certification of it, as well as the Commission’s Federal Consistency analysis for the tunnel, all acknowledge that some fill of wetlands will be unavoidable. However, that does not abrogate the applicant’s responsibility to avoid these impacts when possible.

As discussed above, numerous changes have been made to the original project design to avoid impacting wetland resources within the three work areas. At the North Portal area, the proposed construction access route was altered. The original plan had called for using the ranch road from Shamrock Ranch to bring all equipment and materials to the construction sites. However, this would have impacted higher quality wetland and riparian resources along that road. To avoid this impact, the applicant has altered the plan so that access comes directly down from Highway 1. The project is designed to minimize the wetland impacts to the maximum extent feasible and to avoid the most sensitive habitat areas. At the Fill Disposal Site, the original design for the fill slope has been modified to avoid impacts to the uphill ponding depression, formed in the abandoned county roadway. Additionally, the original design has been modified to avoid filling in of the seasonal pond adjacent to Highway 1.

To offset the impacts described above, the applicant is proposing to (1) revegetate and enhance areas disturbed by the construction of the project, and (2) create approximately 1.15 acres of new wetlands at the Charthouse mitigation site. The revegetation of disturbed sites (primarily around the North Portal bridge and the fill disposal site) will occur upon completion of construction. Native plant species will be used (see Attachment J) and the goal is to achieve, within five years, a density of vegetative cover of 75 percent or greater of native species. In addition, the exotic plant species that have colonized much of the wetland areas at the South Portal and Disposal sites will be eliminated. The proposed off-site wetland mitigation involves the removal of fill placed on the site and at least one seasonal ponding depression will be created. The preliminary details of this mitigation plan are discussed in the Final Draft of the applicant’s Wetlands Report. Because of the size of this report, it has not been included as an attachment to this report. However, all or portions of this document can be made available upon request. In summary, the Planning Commission believes, given the avoidance measures that the applicant has incorporated into their design, and the revegetation and off-site mitigation, that the proposed project is in conformance with the Coastal Commission’s Federal Consistency analysis and the County’s Measure T language contained in the County’s certified LCP.

Policy 7.18 - Establishment of Buffer Zones (for Wetlands). This policy requires the establishment of buffer zones around areas meeting the definition of “wetlands.” Specifically, a buffer zone of 100 feet, from the outermost line of wetland vegetation is required. This setback may be reduced to no less than 50 feet only where no alternative development site or design is possible and when the adequacy of the reduced setback is demonstrated by a professional biologist to the satisfaction of the County and the State Department of Fish and Game.

As discussed above, Piers 3S and 3N are within the wetland buffer zone for the north pond. Additionally, a portion of the construction access road will temporarily encroach into this buffer. The access road for the North Portals will temporarily encroach into the buffer zone for the horse trail wetlands to the north of the south pond. Finally, the new horse trail (intended to replace the trail destroyed by construction of the North Portals) will encroach into the buffer zone associated with the north pond’s upland areas. These encroachments are not listed as an allowed use within wetland buffer areas as denoted by Policy 7.19 - Permitted Uses in Wetland Buffer Zones, including the new horse trail, which is a private recreational trail, not public. The design and location of these intrusions into the buffer zones has been predicated upon avoiding direct impacts upon primary wetland and riparian resources. Additionally, there are engineering limitations which at least partially dictate the location of access roads. For example, the applicant is proposing to use the horse trail north of the south pond as access to the North Portal in order to (1) maintain grades that heavy equipment can negotiate, and (2) to minimize new disturbance of untouched areas of the site.

At the South Portal, there is a buffer zone associated with the seasonal ponding depression. This pond and its associated buffer zone will initially be eliminated by construction of the project. However, the current design for the South Portal will result in the creation of a new, small ponding area at the base of the South Portal drainage area.

At the disposal site, there will be encroachment of fill into the buffer zones for the lower and upper ponding depressions. This encroachment is unavoidable given the large amount of fill to be disposed of at this site. However, the amount of encroachment has been reduced substantially from original plans. The first conceptual plans for the disposal site called for the filling in of both the upper and lower ponding depressions. But, changes in the design of the South Portal and South Rock Cut areas have reduced the amount of material that will be placed at the disposal site, thus allowing for more sensitive placement of the material. Also, as mentioned previously, the proposed location of the OMC building has been moved to avoid impacts to the lower seasonal ponding depression. The applicant has proposed an extensive erosion control plan to prevent damage to the two remaining wetland areas. Once all fill material has been placed on the site, erosion control planting will occur and then revegetation with native species to restore habitat value to the area.

Policy 7.30 - Permitted Uses (for Sea Cliffs). This policy restricts the use of land in areas on or immediately adjacent to coastal cliffs. In particular, when nesting or roosting sites exists, only education and research activities are permitted. Where such sites do not exist, certain additional uses are allowed, specifically: limited footpaths; road and underground utility construction where no feasible alternative exists; and intake or outfall lines provided that the habitat is not threatened.

In preparation of the biotic report for this project, the applicant conducted field reconnaissance and observations for the peregrine falcon at rock outcrops in the project vicinity. It was determined that an active nest was located on a rock outcropping at the Devil’s Slide promontory. This location is approximately 4,000 feet north of the proposed South Portal. No new construction is proposed immediately adjacent to this nesting site. The alignment for Highway 1 is already in place at this location. The transformation of the highway from a vehicular travel way to a recreational trail could in fact benefit this nesting site since ambient noise levels should drop once vehicle traffic ends. Based upon this policy, it would appear that the proposed cul-de-sac at the South Portal is an allowed use. There is no other feasible location to place this turnaround and still provide safe public access to the general public (including people with limited mobility).

Policy 7.32 - Designation of Habitats of Rare and Endangered Species. This policy requires the County to designate habitats of rare and endangered species including, but not be limited to, those areas defined on the Sensitive Habitats Map for the Coastal Zone. The Final Draft Wetlands Report submitted for this project identifies several locations where California red-legged frog have been sighted: Populations of the California red-legged frog were found at the two Shamrock Ranch ponds in the northern part of the project site during the 1995 field survey conducted by Dr. Samuel McGinnis. Individuals of this species were also found in two small pool sites along the course of the Green Valley drainage. In 2002, Caltrans biologists also identified the red-legged frog within the South Portal drainage.

The Shamrock Ranch ponds originated in the mid 1950s when the existing drainages were dammed to form stock or irrigation ponds. The south pond site represents a relatively ideal habitat for the red-legged frog. There is adequate shoreline cover for protection of foraging frogs from most predators, and the permanent water supply permits year round residency within the sanctuary of the immediate pond habitat. During field surveys in 1997 and 1998, a small population of adult California red-legged frogs was found at the seasonal north pond. During the 1997-98 survey period, no evidence of their presence was observed within the west and southwest valleys adjacent to the north pond even though drift fences and track plates were placed to detect frog movement into these areas.

At the Green Valley Creek location, individual adult red-legged frogs were observed in two small pool areas. These frogs appeared to be members of small populations, which occasionally inhabit the creek pools. During a field survey by Caltrans biologists in the spring of 1997, an adult red-legged frog was observed on the shore of a very small pond adjacent to Green Valley Creek just east of the foot of the Highway 1 embankment. A field review of this same small pond in the spring of 1998 showed that the pond had been severely disturbed by the massive movement of sediment through the drainage during the El Nino storms of the past winter. In 1998, no California red-legged frogs were observed at this site.

During the spring and summer of 2002, Caltrans biologists conducted additional frog surveys in the project vicinity and found four California red legged frogs within the South Portal drainage.

Policy 7.33 - Permitted Uses (within Habitats of Rare and Endangered Species). This policy restricts the types of uses allowed within habitats of rare and endangered species. Uses deemed compatible by the U.S. Fish and Wildlife Service can be allowed. The Service has rendered a Biological Opinion (December, 2000), which is excerpted below:

The project could have direct effects to individual red-legged frogs and habitat during construction, indirect effects to frogs and their habitat within the project vicinity, and cumulative effects to the local red-legged frog population. The project will also have direct and indirect effects on proposed critical habitat.

Direct effects include the potential for harassment, injury, and mortality of juveniles and adults. The project will also result in the temporary loss of red-legged frog non-breeding and foraging habitat, specifically 0.4 acres in the north pond. However, as explained in the following mitigation section, this effect will be offset by the creation of the new pond, which will provide dispersal, foraging and breeding habitat.

Indirect effects to the frog include the potential for increased sedimentation downstream from the project as a result of the construction activities. The grading and re-grading at the site is likely to alter the soil horizon to such an extent that re-establishment of existing vegetation type may be difficult and problematic.

The effects to proposed critical habitat include the construction of access roads that will cover portions of the upland and dispersal elements of red-legged critical habitat. The portion of the road providing access to the tunnel portal will pass within 59 ft. of the south pond at its closest point. The existing Highway 1, which already constitutes a significant barrier to red-legged frog dispersal to the north and west, is parallel to the construction access road. Therefore, the addition of the access road will not appreciably reduce red-legged frog dispersal.

The USFWS concluded that:

After reviewing the current status of the species, the environmental baseline for the action area, the effects of the proposed action and the cumulative effects, it is the Service’s biological opinion that the Devil’s Slide Tunnel Bypass, including the conservation measures proposed, is not likely to jeopardize the continued existence of the red-legged frog or destroy or adversely modify proposed critical habitat.

The USFWS further described non-discretionary measures that must be implemented by the applicant in order for an exemption to Section 7(o)(2) (Incidental Take Statement) to apply. The USFWS states that:

Incidental take of the red-legged frog will be difficult to detect or quantify because of: the elusive nature of this species, its small size, and cryptic coloration make the finding of a dead specimen unlikely. Therefore, take is estimated by the number of acres in which red-legged frogs could be killed, harassed, or harmed through trapping, capture and collection associated with this project. Upon implementation of the reasonable and prudent measures, take in the form of killing, harming, and harassing resulting from trapping, capturing and collecting and construction activities of red-legged frogs on approximately 10.67 acres of habitat, of which 0.85 acre is aquatic or wetland, as a result of the activities associated with the project it will become exempt from the prohibition described under Section 9 of the Act for direct and indirect impacts.

The Federal Consistency approval for this project was predicated upon the applicant refining the overall design of the project to avoid impacts to sensitive habitats and visual resources to the extent possible. When impacts could not be avoided, then the applicant was charged with minimizing the impacts as much as practicable. As described in detail earlier in this report, the applicant has made extensive changes to the initial project design in order to minimize or even totally avoid impacts to habitat resources as much as possible. For example, the South Rock Cut has been redesigned several times to reduce its size and scope. These changes have reduced the visual impact of this facet of the project, but they have also benefited habitat resources at the Disposal Site, by reducing the amount of fill that will be placed there and thus avoiding the need to fill the lower seasonal depression. Unfortunately, as was discussed previously, not every impact can be avoided or minimized to a less than significant level. In that case, mitigation is required. As was discussed previously, the project will have both temporary and permanent impacts upon habitat for the CRLF. To mitigate these impacts, the applicant has created additional habitat at the Shamrock Ranch site and will, upon completion of construction, restore and enhance the habitat around the north pond on the Shamrock Ranch site. Additional measures were discussed above.

Policy 7.34 - Permit Conditions. This policy requires the submittal of a biological report which not only identifies the rare and endangered species and their habitats within a project area, but also recommends mitigation if development is permitted within or adjacent to identified habitats. In issuing their Biological Opinion, the USFWS cited a number of modifications which have already been incorporated into the design of the project (use of a bridge rather than fill at the North Portal for example) and measures that have already been incorporated into the overall project (creation of a habitat pond at Shamrock Ranch). The USFWS also cited the proposed Charthouse wetlands mitigation plan (discussed above) in issuing their decision.

Visual Resources Component

Policy 8.4 - Cliffs and Bluffs. This policy requires bluff top development and landscaping to be set back sufficiently far to ensure it is not visually obtrusive when viewed from the shoreline. The parking area at the South Portal will encompass an area that extends right to the edge of the bluff top at this location. However, the shoreline is not accessible at this location. Therefore, the development will not be visible from below. Additionally, because of the constrained nature of the site, there is no alternative location to place this parking area.

Policy 8.5 - Location of Development. This policy requires new development to be located on a portion of a parcel where the development (1) is least visible from State and County Scenic Roads, (2) is least likely to significantly impact views from public viewpoints, and (3) is consistent with all other LCP requirements, best preserves the visual and open space qualities of the parcel overall.

The location of the tunnel and bridge will be visible from adjacent portions of Highway 1. However, these locations are dictated by a number of parameters, such as adjacent biologically sensitive areas. Because of the nature of what is being constructed, there is no location on the parcels involved, where the bridge and tunnel will not be visible. However, the applicant has, as a result of public input, proposed placing the OMC building at a location where it will not be visible from Highway 1. The OMC building will be placed farther back on the subject parcel than originally planned and tucked behind berms to hide it from the roadway.

Policy 8.6 - Streams, Wetlands, and Estuaries. This policy requires all development be set back from the edge of streams and other natural waterways a sufficient distance to preserve the visual character of the waterway. Immediately adjacent to the proposed North Portal there is an intermittent stream that will be directly impacted by construction of this project. Additionally, there is an intermittent stream that feeds the north pond on Shamrock Ranch. The northerly piers for the bridge will be immediately adjacent to this stream. At the South Portal, the stream that feeds the pond at this location is immediately adjacent to the proposed location of the portals. As has been discussed elsewhere in this report, the location of the bridge and tunnel are fixed based upon geological, biological and engineering constraints. Also as mentioned before, the project has been redesigned in several ways to reduce impacts to these resources as much as possible. Additionally, disturbed riparian vegetation will be replaced upon completion of the project. From the perspective of drivers traveling upon the completed project, the Planning Commission believes there will not be a significant visual impact vis-à-vis these streams. As discussed before, Measure T and the Federal Consistency analysis acknowledge that there will be some unavoidable impacts associated with this project. At the time that the Coastal Commission approved the incorporation of Measure T into the County’s LCP and certified the Federal Consistency analysis for this project, it was determined that conflicts did occur between the proposed project and policies contained within Chapter 3 of the Coastal Act. However, based on Section 30007.5 of the Coastal Act, the Commission determined that the tunnel option was, on balance, the most protective of significant coastal resources.

Policy 8.9 - Trees. This policy requires new development to be located and designed to minimize tree removal. At the North Portal, the project will result in the removal of 17 Monterey pine trees ranging in size from 12” to 98” dia. On the other side of the valley, construction of northerly piers and abutments will result in the loss of one pine and 70 Monterey cypress trees ranging in size from 12” to 78” dia. The alignment and location of the bridge and piers are dictated in large part by the applicant’s attempts to avoid sensitive habitat areas, and underlying geologic faults and enable safe connections to the existing Highway 1 alignment. In summary, avoidance of the tree resources at both ends of the bridge is not possible without impacting other sensitive biotic resources. However, not all of the trees at the north end of the bridge will be removed. There are sixteen trees on the outer edges of the cypress grove that will be protected by the applicant during construction. As part of the revegetation plan for this project, the applicant is proposing several tree replacement areas specifically adjacent to the old Highway 1 alignment at the north end and around the OMC building. However, the applicant has not submitted specific details regarding the number of replacement trees, their species, or how they will be maintained until they become established. This information will be required as part of the revegetation plan (Condition of Approval 8).

Policy 8.10 - Vegetative Cover. This policy requires vegetation removed during construction be replaced with plant materials (trees, shrubs, groundcover) which are compatible with surrounding vegetation and are suitable to the climate, soil, and ecological characteristics of the area. The applicant has submitted a conceptual revegetation plan for all disturbed areas created by this project. However, this plan does not provide details regarding seed rates, irrigation methods, or success criteria. The Planning Commission is recommending a condition that requires the submittal of a detailed revegetation plan within one year of the start of construction of this project. The plan shall outline species to be used, their percentage at each location, and shall establish success criteria.

Policy 8.16 - Landscaping. This policy requires the use of plant materials to integrate the manmade and natural environments and to soften the visual impact of new development. This policy also requires the protection of existing desirable vegetation. The applicant is proposing to revegetate all disturbed areas with plant species that are endemic to the project area and particular micro-climate involved. This is represented on Attachments G.

Policy 8.17 - Alteration of Landforms; Roads and Grading. This policy requires new development be located and designed to conform with, rather than change landforms. It also emphasizes minimizing the alteration of landforms as a consequence of grading, cutting, excavating, filling or other development. To the degree possible, an applicant shall ensure restoration of pre-existing topographic contours after any alteration by development. This policy also requires the County to control development to avoid the need to construct access roads visible from State and County Scenic Roads. New access roads may be permitted only where it is demonstrated that use of existing roads is physically or legally impossible or unsafe. New roads shall be (1) located and designed to minimize visibility from State and County Scenic Roads and (2) built to fit the natural topography and to minimize alteration of existing landforms and natural characteristics.

The proposed project will involve a significant amount of landform alteration, particularly at the south end of the project. In order to construct a safe approach curve for the South Portals, the applicant is proposing to cut back the rock slope immediately south of the portals. It is estimated that approximately 109,587 cubic yards of material will be created by this phase of the project. The original project design had envisioned a substantial cut of this hillside to a slope of approximately 1:1. This would have generated somewhere on the order of 202,732 cubic yards of material, to be placed at the disposal site. In addition to causing a significant visual impact, the original plan would have generated such a substantial amount of material that it would have been necessary to fill in the large drainage pond at the base of the disposal site. To reduce both the primary visual and secondary biotic impacts associated with this original design, the applicant has modified their plans and are now incorporating a soil-nail wall at the South Rock Cut. This wall will be approximately 650 feet in length and 72 feet in height at its tallest point. The exterior of the wall will be textured and stained to appear as a natural rock formation, similar to the soil-nail walls constructed on Highway 92.

The applicant has proposed placing material generated by this project at a disposal site immediately south of the South Portals. This material will be placed on the site so that it resembles a naturally occurring slope. Additionally, a portion of the fill will be placed to form a berm around the proposed OMC building, helping to reduce its visibility from Highway 1.

Policy 8.18 - Development Design. This policy requires development to blend with and be subordinate to the environment and the character of the area where located, and be as unobtrusive as possible and not detract from the natural, open space or visual qualities of the area. This policy also requires screening to minimize the visibility of development from scenic roads and other public viewpoints. Screening shall be by vegetation or other materials that are native to the area or blend with the natural environment and character of the site.

As discussed previously, the project has been redesigned significantly from the conceptual plan approved by the Coastal Commission at the Federal Consistency stage. The portal designs at both ends have been reworked to reduce the amount of excavation necessary to construct them. Additionally, the applicant has incorporated surface texturing and color staining into the design of the portal cement to simulate natural rock outcroppings and local geology. Once native vegetation has become re-established at these locations, the Planning Commission believes the portals will become subordinate to the surrounding environment. The proposed South Rock Cut has been reduced in scope by approximately 75% from the original project design. This reduction has been due to the incorporation of a retaining wall, similar to the ones constructed on Highway 92. Design elements, such as see through railings and sweeping arches, have been added to the proposed bridge to reduce its starkness. The proposed location for the OMC building has been moved, in part to help reduce its visibility. A portion of the tunnel spoils will be used to help create berms that will further reduce the visibility of this structure. The Planning Commission believes the incorporation of these modifications into the project design make the project as unobtrusive as possible.

Policy 8.23 - Utilities in County Scenic Corridors. This policy requires all new distribution lines to be placed underground, except for when topographic features make this impracticable. The applicant is proposing to extend power and telephone lines from the current terminus at Grey Whale Cove to the new OMC buildings. The proposal is to place these new lines in an underground conduit under the existing Highway 1 pavement. The applicant is also proposing to extend a water line from Pacifica, up through the tunnel and onto the OMC building. This water line will be underground.

Policy 8.31 - Regulation of Scenic Corridors in Rural Areas. This policy calls for the application of the Scenic Road and Rural Design standards of the County General Plan, Zoning District, and LCP. These policies and standards overlap the policies discussed above. The Planning Commission believes the project, as proposed, meets the standards contained in this policy.

Hazards Component

Policy 9.3 - Regulation of Geologic Hazard Areas. This policy requires that certain regulations contained within the County’s Resource Management (RM) Zoning Ordinance be applied to parcels designated as geologic hazard areas. The project site is designated as a geotechnical hazard area on the County’s certified LCP Hazards Map. In particular, the hill through which the tunnel will be drilled is designated as a landslide hazard. The regulations that pertain to this project are:

Section 6324.6 - Hazards to Public Safety Criteria. This section states that areas shall not be used for placement of structures: (1) which are severely hazardous to life and property due to soils, geological, or seismic factors; or (2) for which elimination of such hazards would require major modification of existing landforms, significant removal or potential damage to established trees or exposure of slopes which cannot be suitably revegetated.

The applicant has performed extensive geotechnical exploration of the proposed project alignment and has determined that the underlying geologic formation is suitable for the tunnel. There are no known seismic faults that cross the project site. However, the San Gregorio Fault, the nearest major fault, is approximately two miles offshore and southwest of the project site. Activity along this fault could expose the project to vibrations and ground movement during earthquakes. Knowing of this potential impact, the applicant has designed the tunnel to withstand the potential impacts of an earthquake along this fault.

Shoreline Access

Policy 10.1 - Permit Conditions for Shoreline Access. This policy requires the provision of shoreline access as a condition of granting development permits for any public or private development permits between the sea and the nearest road. The vast majority of the project is east of Highway 1; however, the proposed parking area at the South Portal will be west of the highway. Thus this policy is applicable. Because of the steep nature of the coastal bluffs in this area, direct access to the shoreline is not feasible in a safe manner. However, Policy 10.3 - Definition of Shoreline Access states: “Define shoreline as a beach, where contact with the water’s edge is possible, or a bluff, where only visual access is afforded.”

Policy 10.9 - Locational Criteria: Public Safety. This policy requires the provision of safe access to bluffs that are large enough and of a physical character to accommodate safety improvements and which provide room for public use as a vista point. To comply with this policy, the applicant is proposing to close the abandoned portion of Highway 1 to automobiles and construct parking areas at each end. This will allow people to safely park off of the main travel way and walk the abandoned road in safety. Additionally, the applicant has included provisions to help complete portions of the California Coastal Trail alignment. At the south end of the project, a new 4-foot wide walkway, on the east side of Highway 1, will connect the south cul-de-sac area to the old Ocean Shore Railroad route, at the base of the proposed fill disposal site. Upon reaching this spot, the trail will continue east, past the proposed OMC building upon the old railroad bed. At a point approximately 1,600 meters west of Highway 1, this trail segment will terminate at a dead end. The State of California owns the land to the south of this dead end. Connection of the proposed trail segment with an existing trail approaching from the south would require the bridging of a small drainage. The applicant is not proposing to make this connection. However, Caltrans has stated that the Coastal Conservancy has initiated a study of possible ways of connecting these and other trails within this area. Any trail construction activities resulting from this study would be covered under a separate permit. On the north end, the Coastal Trail will continue on, past the cul-de-sac down to the intersection with the realigned Highway 1. The applicant’s plans indicate a proposed connection to the Pacifica Trail will be established as part of this project, in the vicinity of the new northern bus stop. Additionally, bicyclists will be able to safely turn out of the cul-de-sac road onto Highway 1 because the proposed signal lights at this location.

Policy 10.19 - Maintenance. This policy requires new or improved public trails to be kept safe and clean. As discussed previously, the applicant is proposing to construct parking areas at both ends of the old highway and then convert the abandoned roadway into a non-motorized recreational trail. After construction of these improvements, the applicant is proposing to relinquish ownership of this land to another agency which specializes in maintaining recreational facilities. Possible receiving agencies include the State Parks Department or the Golden Gate National Recreation Area. As of the writing of this staff report, the receiving agency had not been determined. Discussions between the various Federal, State and local agencies will continue via a Public Access Joint Task Force while the project is under construction (approximately 5-7 years) to resolve this issue. If no receiving agency has come forward by the time the project is completed, then the County shall assume responsibility for the operation and maintenance of the old highway trail. As provided for in Condition 12, the County would continue to work with possible receiving agencies by convening the “Devil’s Slide Coastal Access Task Force” to find a suitable receiving agency for the old highway trail. One concern on the part of the various agencies is total, catastrophic failure of the old alignment. The cost of repairing such a failure is likely beyond the budgets of the agencies involved. After discussions with the Coastal Commission staff, it has been acknowledged that there is no expectation that the roadway will be rebuilt in such an instance. At that point, the agency responsible for the trail would have to apply for a modification of this permit in which the feasibility of rebuilding the roadway to its former condition or in an alternative manner to connect the trail for maximum feasible public use would be examined.

Because Caltrans will be constructing a large portion of the new access improvements and relinquishing these, and the old highway recreational trail in fee to be operated and maintained by a separate entity, it is appropriate that Caltrans develop the final operation plan for these access facilities in consultation with the various relevant agencies, including the County of San Mateo. The above-referenced Task Force will fulfill this consultation role to Caltrans as it prepares a final operations plan for free public access to the facility 365 days a year. As specified by Condition 10, this plan will include, at a minimum, provisions for the opening and closing of barrier gates one hour before sunrise and one hour after sunset; trash management and removal; restroom design, construction and maintenance; trail monitoring, operations, and repair; and the maintenance of the existing de-watering system.

Policy 10.21 - Access for the Disabled. Where topography allows, provide access for the disabled by building paths and ramps for wheelchairs. At the north cul-de-sac, the applicant is proposing to construct one handicap parking stall. Because this parking lot will utilize the existing road right-of-way, the stall and all trails will be at existing grade. No ramps will be necessary to access the old Highway 1 right-of-way. At the south cul-de-sac, two handicap stalls will be provided. Again, the new parking areas will be at the same grade as the existing Highway 1, with no obstacles impeding wheelchair access.

Policy 10.22 - Parking. This policy requires many criteria be evaluated when developing new off-street parking facilities for shoreline access areas. Specifically, projected use, environmental sensitivity, and the amount of usable land suitable for parking are important factors to be considered. Both new parking areas will utilize the existing Highway 1 roadway as part of their configuration (See Attachment L). In addition, parking areas at both ends will use flat, undeveloped, bench areas adjacent to the road. By utilizing these existing areas, the applicant can minimize the amount of disturbance associated with this project. The number of parking spaces proposed at each end is dictated by the limited amount of space available without significant grading. Neither parking area will be adjacent to identified sensitive habitat.

Policy 10.30 - Requirement of Minimum Access as a Condition of Granting Development Permits. This policy requires the provision of shoreline access for any private or public development between the sea and the nearest public road. It also bases the level of improvement and development of access support facilities at a site on the Locational Criteria and Development Standards Policies (contained in this chapter) and the Site Specific Recommendations contained in Table 10.6. The applicant has already agreed to provide shoreline (visual) access in the form of the old Highway 1 alignment. Compliance with the Location and Development Standards is discussed above. However, the applicant’s coastal access plans do not include improvements referenced in the Site Specific Recommendations of Table 10.6. Specifically, this table (and its associated map) references three locations within, or in close proximity of, the project area. Farthest south is the old World War II bunker across from the disposal site. Location number two is the existing pull out area across from the South Portal pond. This pull out area will be incorporated into the South Portal parking area. The third location is the old Devil’s Slide Bunker immediately adjacent to the slide zone (this site is identified as Location 4 on the associated Shoreline Access Maps). Sprint PCS received a use permit to construct a cell site at this location in 2000.

The specific policies of Table 10.6 state: (1) fence the bluff viewpoints to inhibit the public from climbing down the bluffs and to protect them from falling, and (2) rebuild the staircase at the Devil’s Slide Bunker. Furthermore, Table 10.2 identifies the Devil’s Slide Bunker area as having a high potential for prescriptive rights. These policies, however, must be read in conjunction with other related LCP policies. Policy 10.26, for example, defines fragile resources, in part, specifically as exposed rocky cliff faces, steep slopes and hilly coastal terraces (e.g., San Pedro Bluff and Devil’s Slide). Moreover, Policy 10.10 notes that access for public use in sensitive habitats or their buffer zones should be opened only when development standards and management practices are adequate to protect the resources. Additionally, this policy calls for discouraging the public from existing established access trails if use is deteriorating a sensitive habitat, including the potential closure of trails if alternatives are available in the same bluff area. Further, Policy 10.9 discourages public use of access trails that are hazardous because safety improvements have not been provided or cannot be built due to physical limitations.

Several sensitive resource and hazard issues exist at the Devil’s Slide Bunker area, which is currently blockaded by a chain-linked fence across the access trail leading from Highway 1. Nesting sites for peregrine falcons and Brandt’s cormorants, both species of concern, have been identified at this location, creating concerns for potential negative impacts to these birds if improvements are made to increase access to this area. Additionally, the site has been subjected to extreme erosion over the years, creating ever more precipitous slopes on this small peninsula of land that plunges steeply into the Pacific Ocean. More study of these sensitive resource and safety issues is needed to determine the appropriate management of the Devil’s Slide Bunker area. Implementing the requirements of Table 10.6 to build a staircase at this location, along with the other LCP policies cited above, necessitates careful consideration of how this area should be treated upon the opening of the old highway recreational trail. Condition 12 of this permit requires the applicant, working as part of the Devil’s Slide Coastal Access Task Force, to provide the necessary information needed to make recommendations for the appropriate long-term management of the Devil’s Slide Bunker area. The eventual owner of this land will be responsible for implementation of the management strategies, including obtaining any necessary permits.

COMPLIANCE WITH THE PUBLIC ACCESS AND RECREATION POLICIES OF THE COASTAL ACT

Standard of Review

For every Coastal Development Permit issued for any development between the nearest public road and the sea or the shoreline of any body of water located within the Coastal Zone, Section 30604(c) of the Coastal Act requires a specific finding that the development is in conformity with the public access and recreation policies contained in Chapter 3 of the California Coastal Act. This requirement is reflected in Policy 10.1 - Permit Conditions for Shoreline Access of the County LCP. Coastal Act Section 30210 states:

“In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from over use.”

The requirement to provide for public access in new projects is tempered by several factors, enumerated in Coastal Act Section 30214, including:

Topographic and geologic site characteristics.

The capacity of the site to sustain use and at what level of intensity.

The appropriateness of limiting public access to the right to pass and re-pass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses.

The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter.

Analysis

Existing public access along the coast and to the shoreline within the project area is severely constrained by high, unstable cliffs, the lack of suitable shoulders or bike lanes along the Highway, and the absence of any continuous hiking trail along the coast. Limited parking and beach access are available at Grey Whale Cove State Beach. The proposed project will provide a substantial opportunity for improved visual access along the coast, in the form of a hiking trail along the old highway right-of-way. However, direct physical access to the shoreline, or even to bluff top overlooks is constrained by safety concerns due to the rugged terrain and unstable geology, and the presence of environmentally sensitive habitat features. These include nesting sites for the peregrine falcon and Brandt’s cormorants at the Devil’s Slide Bunker area.

Conclusion

The project will result in the creation of a public, non-motorized, recreational trail. Not all potential access points along the new portion of trail are appropriate for developed access, due to presence of sensitive species and public hazards. Access will be implemented with these considerations in mind, as required by Coastal Act, Section 30214. Therefore, the project as conditioned will conform to the public access policies of the San Mateo County LCP, as well as the applicable public access and recreation policies of the California Coastal Act.

Recreation/Visitor-Serving Facilities Component

Policy 11.4 - Recreation and Visitor-Serving Facilities Permitted in the Coastal Zone. This policy permits commercial recreation and public recreation facilities in the Coastal Zone if they do not substantially alter the natural environment. In addition to the conversion of the old Highway 1 alignment to a non-motorized recreation trail, the applicant is proposing to construct a new horse trail at the North Portal area. This is to re-establish a connection to other trails in the area that will be severed by construction of the North Portals. This trail will be on private property and only open to users of the Shamrock Ranch stables. While the new trail will disturb untouched vegetation in the area, the old trail will be de-commissioned and revegetated after construction of the tunnel. Thus, there will be no net loss of habitat due to the construction of this trail, and the trail replacement is therefore consistent with Policy 11.4 because: (a) it is a necessary visitor-serving facility under Policy 11.1, and (b) it is a recreation facility that does not substantially alter the natural environment.

Policy 11.12 - Sensitive Habitats. This policy permits recreation and visitor-serving facilities to locate on lands adjacent to sensitive habitats only when (1) there is adequate distance or separation by barriers such as fences, (2) the habitat is not threatened, and (3) there would not be substantial impacts on habitat, topography, and water resources. There is an existing access road on the north side of the OMC site (see Attachment I-1). This road is adjacent to the major drainage pond at the disposal site. The applicant is proposing to convert this access road into a portion of the Coastal Trail. This change in designated use will not involve any actual alteration of the road. The road is approximately 50 feet from the normal high water level for this pond. Because no alteration of this road is necessary for it to be used as a hiking trail, there should be no impacts to habitat, topography, or water resources. The Planning Commission believes that this portion of the project complies with this policy.

Policy 11.16 - Posting. This policy requires, as a condition of recreational development, that signs be placed on major roads near major public recreation areas to inform visitors of available recreation facilities. A condition of approval will be added to this project that requires the applicant to submit a signage plan, for review and approval, prior to completion of the tunnel. At a minimum, this will include directional signs for trail parking areas and connecting trails and interpretive signs regarding the history and natural resources of the area. This condition will not apply to traffic signage (i.e., stop signs, etc.) or to temporary construction signage (which shall be removed in its entirety upon completion of this project).

Policy 11.20 - Utilities. This policy requires that sites for permitted recreation or visitor-serving facilities develop public restrooms, drinking water and telephones. Such facilities are required to connect to public or community water and sewer systems wherever those exist. The coastal access improvement plans submitted by the applicant (see Attachments I-1 and I-2) indicate locations for future restrooms at both ends of the new Highway 1 trail. However, the applicant is not proposing to construct these facilities. The applicant will extend a water line to these parking areas for use by the future land manager. Because of the nature of the project site, construction of a septic system to serve restrooms at these locations is impracticable. The applicant envisions the future manager of the new trail using SST (Sweet Smelling Toilets) restrooms at these locations. That agency will be responsible for the maintenance of these facilities. Condition 10 will ensure that Caltrans consults the appropriate entities to develop a final operations plan for these facilities. Water for the OMC building and fire suppression within the tunnel will be provided by the North Coast County Water District via a new waterline from Pacifica. Condition 31 restricts the use of this waterline to the purposes of this project only, so as to avoid any unintended, adverse growth-inducing impacts from the extension of this new waterline.

ENVIRONMENTAL REVIEW

The environmental review of this project was conducted by Caltrans. Section 15050 of the CEQA Guidelines delineates the Lead Agency concept: where a project is to be carried out or approved by more than one public agency, one public agency shall be responsible for preparing the environmental review. For the purposes of this project, Caltrans, as the agency which will actually carry out the project, assumed the Lead Agency role. As such, they have prepared an Environmental Impact Statement/

Environmental Impact Report. The public review period for this document was March 19, 1999 thru May 12, 1999. The Federal Highway Administration issued a Record of Decision on this document on September 13, 2002.

REVIEWING AGENCIES

California Coastal Commission

Subsequent to the Planning Commission’s decision on this permit, staff received comments from the Coastal Commission regarding the wording of some of the approved conditions for this project. The Coastal Commission proposes the following changes to the conditions of approval (to assist the reader, old language has been struck out and new language is bold and underlined).

The applicant shall submit quarterly mitigation monitoring reports, outlining in detail, compliance with the conditions of approval contained in this attachment, and any conditions that may be attached to this project by subsequent reviewing bodies. The applicant shall submit said monitoring reports for the duration of the project (construction plus restoration period), to the Planning Division. ~~The~~ Except as otherwise specified below, the monitoring report shall follow the example provided in Attachment K. Staff shall present said monitoring reports to the Planning Commission in a timely manner upon their receipt.

Within one year of project approval, the applicant shall submit a final revegetation plan for review and approval by the County Planning Division, in consultation with the Coastal Commission ~~a final revegetation plan~~. Said plan shall reflect the draft revegetation plan as indicated in the project staff report as Attachments G-1 and G-2. Specifically, the final plan shall include:

A clear statement of the goals of the restoration, including:

(1)

The desired habitat types.

(2)

Major vegetation components.

(3)

Hydrological regime for wetlands (as applicable).

(4)

And wildlife support functions.

The plan shall establish clear performance goals by which the success of the plan can be judged. These goals shall be:

(1)

After the first year of revegetation efforts, 50% plant cover of native species shall be established. If plant cover falls below this percentage, supplemental planting will be required. Additional container plants (one per 36 sq. ft. of bare ground) shall be planted.

(2)

After the second year, 60% plant cover of native species is required. If plant cover falls below this percentage, supplemental planting will be required. Container plants will be replaced if the survival rate falls below 70% or if the plant cover is below 60%. Between years three and five, 71% cover of native species is required. Supplemental planting will be required if cover falls below this percentage. Container plants also will be replaced if plant survival rates fall below 70% or plant cover is below 71%.

(3)

At the end of the 5-year monitoring period, a final annual monitoring report will be prepared documenting the achievement of the success criteria. Caltrans will forward the final report to the County Planning Division with a request in writing to schedule a final field review. If individual criteria or goals specified in the Revegetation Plan are not met, then success of the revegetation efforts will be re-evaluated, in consultation with the County and the Coastal Commission, and the applicant shall obtain a ~~an approved~~ Coastal Development Permit amendment.

(4)

Success will be evaluated on an annual basis and at Year 5 with a final monitoring determination. Success criteria will be based on measurable criteria and comparisons with reference sites. Measurable criteria will include, at a minimum, survivorship of planted species, composition of species and percentage cover. Statistical criteria will be required to support success determinations and included in the annual monitoring reports. A sampling plan will be required that outlines the methodology, frequency and number of samples taken during the course of monitoring.

(5)

Species diversity and composition will be required and representative of those native species found in both the reference sites and surrounding areas where revegetation efforts are implemented. The species composition will reflect dominant native species found on-site. The distribution and percentage make up of any one species in the reference site will serve as a basis for determining similar distribution and percentage make up in the planting design for the revegetation sites.

A qualified individual who will be personally responsible for all phases of the restoration shall be identified by name as the restoration manager. The restoration manager shall be a qualified in all phases of restoration and shall be responsible to consult with a qualified biologist to ensure the success of all phases of the restoration plan ~~biologist, not a project manager with no technical background~~. (Note: The restoration manager shall not assign different phases of the restoration to different contractors without his/her direct on-site supervision.)

A grading plan.

A weed and exotic plant species eradication plan.

A planting plan. This shall identify:

(1)

The natural habitat type that is the model for the restoration

(2)

The relative abundance of desired species.

(3)

Whether planting will be by seeding or installation of container plants.

(4)

Details about tree replacement (species, location, etc.).

(5)

The source of plant stock (plant propagules shall come from local native stock.).

(6)

If supplemental watering is planned. (The method and timing of watering shall be described).

An interim monitoring plan. This shall include:

(1)

Maintenance and remediation activities.

(2)

Interim performance goals.

(3)

Assessment methods.

(4)

Schedule.

(5)

Monitoring shall be monthly until plants are established and quarterly thereafter.

(6)

Weeding shall be frequent, ~~with a “zero tolerance” policy~~ and continuous throughout the monitoring period. Weeding will target invasive species that are identified in surrounding areas where revegetation efforts take place. At a minimum, weeding will be required once a month for the first 6 months, once every other month from months 7-12 and then quarterly throughout the duration of monitoring. Weed presence at final monitoring will be limited to no more than 10% of the total area revegetated and will be consistent with the species diversity percentage goal under B above.

(7)

Photographs shall be taken from fixed points on fixed azimuths during each monitoring period.

(8)

Quantitative monitoring shall take place once a year.

A “Final” monitoring report. This report is intended to determine whether the restoration has been successful and shall take place after at least three years with no remediation or maintenance other than weeding. The final monitoring report shall include data verifying that specific and/or relative performance criteria have been met and shall be submitted to the County Planning Division for review and approval, in consultation with the Coastal Commission.

10.

Within one year of project approval, Caltrans shall submit for review and approval by the County Planning Division, an operations plan for the coastal access facilities based on consultations with the Devil’s Slide Coastal Access Task Force. Said plan shall cover facility use for free public access 365 days a year and include, but not be limited to, such things as provisions for the opening and closing of barrier gates one hour before sunrise and one hour after sunset; trash management and removal; restroom/drinking fountain design, construction and maintenance; trail monitoring, operations, and repair; and the maintenance of the existing de-watering system. ~~Said plan may be modified by~~ Any modifications to the plan desired by the Devil’s Slide Coastal Access Task Force ~~as needed~~ must be submitted to the County Planning Division for review and approval.

11.

To facilitate relinquishment of the public access facility and required improvements referenced in Condition 9 above, the County of San Mateo shall, immediately following final approval of this Coastal Development Permit, convene a Devil’s Slide Coastal Access Task Force consisting of representatives of public agencies with an interest in, or responsibility for, operating, maintaining, or otherwise managing the public access. Said Task Force shall meet regularly until either (1) a plan for transition of responsibility for the access is completed to the satisfaction of Caltrans and the County of San Mateo, or (2) the tunnel is complete and open to traffic. The plan developed by the Task Force shall, at a minimum:

13.

When relinquished to a permanent custodian, the access and related improvements referenced above shall ~~then be~~ remain open to the public and operated and maintained by the agency or organization to which they are permanently transferred, in accordance with the operational plan and parameters developed by the Devil’s Slide Coastal Access Task Force and approved by the County Planning Division.

16.

Prior to the beginning of any construction, the applicant shall submit for review and approval by the County Planning Division, a construction dust control plan. The approved plan shall be implemented by the applicant prior to construction and is required during all phases of construction. County review and approval time frames will ~~parallel time frames for review and approval of plans outlined in the contract documents~~ commence with the County’s determination that the submittals have complete information and will be completed within 60 days.

20.

For the North and South Portals and the South Rock Cut retaining wall, the applicant shall employ surface texturing and color treatments that match the surrounding rock coloration. The applicant shall install a 10 ft. by 20 ft. sample of the proposed texturing and color treatment near each portal and the South Rock Cut retaining wall. The proposed texturing and color treatment shall be reviewed and approved by Planning staff prior to application across all portals and retaining walls. County review and approval time frames will commence with the County’s determination that the submittals have complete information and will be completed within 60 days ~~parallel time frames for review and approval of plans outlined in the contract documents~~.

21.

Within six months of this approval, the applicant shall submit a final wetlands mitigation plan for review and approval by the County Planning Division, in consultation with the Coastal Commission, ~~a final wetlands mitigation plan~~ for the “Charthouse mitigation site.” Said plan shall include the following:

Mitigation goals, objectives and performance standards including quantitative criteria to assess the attainment of goals/objectives.

An ecological assessment of the existing habitat, functions and values of the mitigation sites.

A site plan and design with specific elements and construction methods for:

(1)

Hydrology (water control structures, channels).

(2)

Soil (sediment composition, top soil conservation).

(3)

Ground elevation changes (grading, erosion or sedimentation).

(4)

Buffer areas, vegetation (species composition, exotics removal, sources of seeds).

A contingency plan that includes the acknowledgement that an approved Coastal Development Permit amendment will be needed if success criteria or mitigation performance standards are not achieved.

Long-term maintenance plan (irrigation, weeding, erosion control). Seed mixes will be predominantly made up of native grass and shrub species appropriate to the surrounding habitat types. Sterile, non invasive cereal grains that will not persist or perpetuate may be used as well to provide quick soil stabilization. Seed mixes will be made up of native herbaceous and shrub species appropriate to the habitat types, except that sterile, non-invasive annual cereal grains that will not persist or perpetuate may be used to provide quick soil stabilization.

A monitoring plan that addresses:

(1)

Hydrology, soils, water quality, plants and animals.

(2)

Success criteria for physical and chemical attributes.

(3)

A timetable for reporting results.

Implementation schedule:

(1)

Construction.

(2)

Monitoring.

Wetland mitigation shall occur according to the approved plan.

29.

Caltrans is required to submit evidence, in a form and content acceptable to the County Planning Division, that it has legally-binding agreements with the owners of the north and south ponds, as well as the new pond, and the Charthouse wetland mitigation site and has executed an irrevocable offer to dedicate to a public agency or private association acceptable to the County Planning Division, in consultation with the Coastal Commission, a conservation easement for habitat restoration, habitat maintenance, open space, view preservation and habitat protection over each of the four sites. In the case of the three ponds, this evidence shall be submitted prior to the commencement of construction of the bridge and, in the case of the Charthouse wetland site, this evidence shall be submitted prior to the commencement of construction of the tunnel. The easement shall:

Permit the applicant, its agents, and/or the accepting agency to enter the property when necessary to create and maintain habitat, revegetate portions of the area, and fence the newly created/revegetated area in order to protect such habitats.

Restrict all development as defined by the San Mateo County LCP (except any required and approved for habitat restoration and interpretation purposes), vegetation clearance, fuel modification and grading within the easement area.

Permit County or Coastal Commission staff to enter and inspect for purposes of determining compliance with Coastal Development Permit PLN 2003-00428.

The easement area shall be described in metes and bounds. The offer shall be recorded free of prior liens and encumbrances which the County Planning Division Director, in consultation with the Coastal Commission, determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all successors and assigns, and shall be irrevocable for a period of 21 years, such period running from the date of recording.

36.

Prior to the beginning of construction activities, the applicant shall submit a revised site plan designating construction staging areas. This plan shall be reviewed and approved by the San Mateo County Planning Division, California Department of Fish and Game, and USFWS staff prior to implementation. Stockpiling of construction materials, including portable equipment, vehicles and supplies, including chemicals, will be restricted to these designated areas only. These areas shall be designed to contain runoff. County review and approval time frames will commence with the County’s determination that the submittals have complete information and will be completed within 60 days ~~parallel time frames for review and approval of plans outlined in the contract documents~~.

39.

Prior to the beginning of any construction associated with this permit, the applicant shall submit copies of all permits obtained from other State and Federal agencies, including a Stormwater Pollution Prevention Plan (SWPPP). County review and approval time frames will commence with the County’s determination that the submittals have complete information and will be completed within 60 days ~~parallel time frames for review and approval of plans outlined in the contract documents~~.

43.

The applicant shall restrict truck trips (for the supply and removal of equipment and materials) to minimize significant delays to ~~off peak hours (i.e. – outside the normal peak commute and peak~~ recreational traffic by restricting delivery and hauling of materials from ~~the hours of~~ 3:00 p.m. to 6:00 p.m. on Mondays through Thursdays ~~Fridays, and~~ 3:00 p.m. to 7:00 p.m. on Fridays, and from 9:00 a.m. to 9:00 p.m. on Saturdays~~, and~~ Sundays, and days preceding designated legal holidays and special events. On designated legal holidays and special events days, truck trips will be restricted the entire day and night. Public notices and the posting of roadway signs will be implemented to alert the public of any temporary road closures, lane reductions, or other construction scenarios that may affect traffic movement.

44.

Prior to the beginning of any construction covered by this permit, the applicant shall submit a traffic management plan for review and approval. Said plan shall address the following:

Restrict all truck traffic associated with this project as indicated on Condition 43, above to periods outside of peak commute and peak recreational peak hours (i.e. outside of the hours of _______ to _______ on Mondays through Fridays and _____ to _______ on Saturdays and Sundays during State and National holidays and the period of June 1 through October 31. The plan shall detail how this restriction shall be effectively implemented.

~~Minimize truck traffic associated with this project during the period of November 1 - May 31.~~

Staff has reviewed the proposed modifications. Most of the proposed modifications clarify confusing language from the original condition wording. However, in several instances the Coastal Commission is suggesting entire new conditions be added. After reviewing these proposed modifications, staff is in agreement with the Coastal Commission and these modifications have been incorporated into the conditions of approval contained in Attachment A.

VISION ALIGNMENT

The proposed project keeps the commitment of “Responsive, Effective, and Collaborative Government” and goal number 20: “Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.” The Devil’s Slide Tunnel is the public’s preferred method of addressing the frequent road closures associated with the Devil’s Slide. The County’s active cooperation with the applicant to construct this tunnel achieves the commitment of a government responsive to its constituents. The County’s analysis of this project is based upon very careful consideration of the potential impacts caused by the project as well as the potential long-term benefits.

ATTACHMENTS

Recommended Findings and Conditions of Approval.

Appellant’s letter of appeal.

Planning Commission letter of decision.

Responsible Agency Resolution of Findings.

Proposed Mitigation Monitoring Report Form.

Applicant’s Project Submittal (Consisting of Coastal Development Permit application, Environmental Information form, and Biological Report).

North Portal Drainage/Shamrock Ranch wetland and buffer zone impacts.

South Portal wetland and buffer zone impacts.

Fill Disposal/OMC Building Site wetland and buffer zone impacts.

Conceptual revegetation plans for North and South Portal/OMC Building Site.

Conceptual Wetland Mitigation Site Plan (Charthouse site).

Proposed Public Access Improvements for North and South Portals.

Project Elements.

OMC Building Floor Plans and Elevations.

Bridge Plans.

Final Second Supplement to the 1986 EIS/EIR (May 2002). (Please note: due to size constraints, only the Board of Supervisors is receiving a copy of this document with this staff report. A copy of this SSEIS/EIR is available at Planning Division for public review.)

MJS:kcd - MJSO0766_WKU.DOC


Attachment A

COUNTY OF SAN MATEO
ENVIRONMENTAL SERVICES AGENCY

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

Permit or Project File Number:						Board Meeting Date: July 6, 2004
		PLN 2003-00428

Prepared By: Michael Schaller							For Adoption By: Board of Supervisors


RECOMMENDED FINDINGS

Regarding the Environmental Review, Find:

1.	That the Board, acting as a responsible agency under the California Environmental Quality Act, has reviewed and considered the 1986 Environmental Impact Statement/Environmental Impact Report for the Devil’s Slide Improvement Project, and the First Supplement and Second Supplement thereto (collectively, the “Devil’s Slide EIS/EIR”).

2.	Adopt the attached resolution making findings for each significant environmental impact identified in the Devil’s Slide EIS/EIR, and approving the attached mitigation monitoring and reporting program for construction of the Devil’s Slide Improvement Project.

Regarding the Coastal Development Permit, Find:

3.	That the project, as described in the application and accompanying materials required by Section 6328.7 and as conditioned in accordance with Section 6328.14, conforms with the plans, policies, requirements and standards of the San Mateo County Local Coastal Program.

4.	That the project is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Section 30,200 of the Public Resources Code), for the reasons stated on page 33 of the staff report dated May 26, 2004.

RECOMMENDED CONDITIONS OF APPROVAL

(Please note: for the reader’s assistance new language is in bold and Underlined.)

1.	This approval applies only to the proposal, documents and plans described in this report and submitted to and approved by the Board of Supervisors. Minor revisions or modifications to the project, which have no potential to adversely affect coastal resources, including public access, may be made subject to the review and approval of the Planning Director. Any modification of this project that has a potential to adversely affect coastal resources shall require an amendment to this Coastal Development Permit.

2.	Once construction has commenced, this permit shall be valid for the full duration of all project construction. Within one year of project approval, the applicant shall commence construction of the project. Any extension of this permit beyond one year of project approval shall require submittal of an application for permit extension and payment of applicable permit extension fees to the San Mateo County Planning and Building Division.

Mitigation Monitoring

3.	The applicant shall submit quarterly mitigation monitoring reports, outlining in detail, compliance with the conditions of approval contained in this attachment, and any conditions that may be attached to this project by subsequent reviewing bodies. The applicant shall submit said monitoring reports for the duration of the project (construction plus restoration period), to the Planning Division. Except as otherwise specified below, the monitoring report shall follow the example provided in Attachment E. Staff shall present said monitoring reports to the Planning Commission in a timely manner upon their receipt.

4.	Prior to the beginning of any construction associated with this permit, the applicant shall meet with the County Planning and Building Division for “pre-construction mitigation compliance” meetings. The purpose of said meetings is to review and determine if all applicable conditions of approval, as listed in this attachment, have been complied with, prior to commencement of construction.

5.	The applicant shall be required to establish a post-approval inspection deposit account in the amount of $5,000 with the San Mateo County Planning Division. This deposit will be used to offset all costs incurred by the Planning Division staff resulting from inspections, plan reviews, field meetings, etc., during construction and implementation of this project. The unused balance of the deposit will be released only upon satisfactory completion of the work and acceptance of the work by San Mateo County. Additional deposits may be required and the account shall never be less than $1,000 at any time. San Mateo County will notify the applicant when the balance approaches $1,000. At such time, the applicant shall make additional deposits to San Mateo County within thirty (30) days of notice.

Erosion Control and Revegetation

6.	Prior to the beginning of any construction associated with this permit, the applicant shall implement the construction phase sediment and stormwater control plan, as shown on the plans entitled “Conceptual Water Quality Plan: Water Pollution Control” and included as Attachments 3-B1 through 3-B11 of the November 20, 2003 plan submittal. (Note: Because of the high amount of detail and color in the full-size plans, reductions were not included in this staff report as they would not have been readable. The plans are in the project file and are available for public review upon request. These plans are incorporated by reference into this project. These plans will be available at the July 6, 2004 hearing.)

7.	Upon completion of construction within a given project area, the applicant shall implement the post-construction erosion controls as shown on the plans entitled “Conceptual Water Quality Plan: Erosion Control” and included as Attachments 3-A1 through 3-A9 of the November 20, 2003 plan submittal. (Note: Because of the high amount of detail and color in the full-size plans, reductions were not included in this staff report as they would not have been readable. The plans are in the project file and are available for public review upon request. These plans are incorporated by reference into this project. These plans will be available at the July 6, 2004 hearing.)

8.	Within one year of project approval, the applicant shall submit a final revegetation plan for review and approval by the County Planning Division, in consultation with the Coastal Commission. Said plan shall reflect the draft revegetation plan as indicated in the project staff report as Attachments J-1 and J-2. Specifically, the final plan shall include:

	a.		A clear statement of the goals of the restoration, including:

			(1)	The desired habitat types.

			(2)	Major vegetation components.

			(3)	Hydrological regime for wetlands (as applicable).

			(4)	Wildlife support functions.

	b.		The plan shall establish clear performance goals by which the success of the plan can be judged. These goals shall be:

			(1)		After the first year of revegetation efforts, 50% plant cover of native species shall be established. If plant cover falls below this percentage, supplemental planting will be required. Additional container plants (one per 36 sq. ft. of bare ground) shall be planted.

			(2)		After the second year, 60% plant cover of native species is required. If plant cover falls below this percentage, supplemental planting will be required. Container plants will be replaced if the survival rate falls below 70% or if the plant cover is below 60%. Between years three and five, 71% cover of native species is required. Supplemental planting will be required if cover falls below this percentage. Container plants also will be replaced if plant survival rates fall below 70% or plant cover is below 71%.

			(3)		At the end of the 5-year monitoring period, a final annual monitoring report will be prepared documenting the achievement of the success criteria. Caltrans will forward the final report to the County Planning Division with a request in writing to schedule a final field review. If individual criteria or goals specified in the revegetation plan are not met, then success of the revegetation efforts will be re-evaluated, in consultation with the County and the Coastal Commission, and the applicant shall obtain a Coastal Development Permit amendment.

			(4)		Success will be evaluated on an annual basis and at year five with a final monitoring determination. Success criteria will be based on measurable criteria and comparisons with reference sites. Measurable criteria will include at a minimum, survivorship of planted species, composition of species and percentage cover. Statistical criteria will be required to support success determinations and included in the annual monitoring reports. A sampling plan will be required that outlines the methodology, frequency and number of samples taken during the course of monitoring.

			(5)		Species diversity and composition will be required and representative of those native species found in both the reference sites and surrounding areas where revegetation efforts are implemented. The species composition will reflect dominant native species found on site. The distribution and percentage make up of any one species in the reference site will serve as a basis for determining similar distribution and percentage make up in the planting design for the revegetation sites.

	c.		A qualified individual who will be personally responsible for all phases of the restoration shall be identified by name as the restoration manager. The restoration manager shall be qualified in all phases of restoration and shall be responsible to consult with a qualified biologist to ensure the success of all phases of the restoration plan. (Note: The restoration manager shall not assign different phases of the restoration to different contractors without his/her direct onsite supervision.)

	d.		A grading plan.

	e.		A weed and exotic plant species eradication plan.

	f.		A planting plan. This shall identify:

			(1)		The natural habitat type that is the model for the restoration.

			(2)		The relative abundance of desired species.

			(3)		Whether planting will be by seeding or installation of container plants.

			(4)		Details about tree replacement (species, location, etc.).

			(5)		The source of plant stock (plant propagules shall come from local native stock).

			(6)		If supplemental watering is planned (the method and timing of watering shall be described).

	g.		An interim monitoring plan. This shall include:

			(1)		Maintenance and remediation activities.

			(2)		Interim performance goals.

			(3)		Assessment methods.

			(4)		Schedule.

			(5)		Monitoring shall be monthly until plants are established and quarterly thereafter.

			(6)		Weeding shall be frequent, and continuous throughout the monitoring period. Weeding will target invasive species that are identified in surrounding areas where revegetation efforts take place. At a minimum, weeding will be required once a month for the first six months, once every other month from months 7-12 and then quarterly throughout the duration of monitoring. Weed presence at final monitoring will be limited to no more than 10% of the total area revegetated and will be consistent with the species diversity percentage goal under B above.

			(7)		Photographs shall be taken from fixed points on fixed azimuths during each monitoring period.

			(8)		Quantitative monitoring shall take place once a year.

	h.		A “Final” monitoring report. This report is intended to determine whether the restoration has been successful and shall take place after at least three years with no remediation or maintenance other than weeding. The final monitoring report shall include data verifying that specific and/or relative performance criteria have been met and shall be submitted to the County Planning Division for review and approval, in consultation with the Coastal Commission.

Post-Construction Recreational Access

9.	Caltrans shall construct the proposed public access improvements, as shown in the project staff report as Attachments L-1 and L-2. Said improvements shall be completed as soon as possible, but in no case more than one year from opening of the tunnel for public use. These improvements shall include parking areas, pedestrian signal lights, traffic signage, trash receptacles, guardrails, barriers, and entry gates, water hookups, and signage as approved under Condition 17.

10.	Within one year of project approval, Caltrans shall submit for review and approval by the County Planning Division an operations plan for the coastal access facilities based on consultations with the Devil’s Slide Coastal Access Task Force. Said plan shall cover facility use for free public access 365 days a year and include, but not be limited to, such things as provisions for the opening and closing of barrier gates one hour before sunrise and one hour after sunset; trash management and removal; restroom/drinking fountain design, construction and maintenance; trail monitoring, operations, and repair; and the maintenance of the existing de-watering system. Any modifications to the plan desired by the Devil’s Slide Coastal Access Task Force must be submitted to the County Planning Division for review and approval.

11.	To facilitate relinquishment of the public access facility and required improvements referenced in Condition 9 above, the County of San Mateo shall, immediately following final approval of this Coastal Development Permit, convene a Devil’s Slide Coastal Access Task Force consisting of representatives of public agencies with an interest in, or responsibility for, operating, maintaining, or otherwise managing the public access. Said Task Force shall meet regularly until either (1) a plan for transition of responsibility for the access is completed to the satisfaction of Caltrans and the County of San Mateo, or (2) the tunnel is complete and open to traffic. The plan developed by the Task Force shall, at a minimum:

	a.		Advise Caltrans in the development of the operations plan required in Condition 10;

	b.		Identify opportunities for the final trail connection at the southern end of the OMC building site; and

	c.		Make recommendations, as soon as possible, but in no case more than one year from opening of the tunnel for public use, to the current owner of the old highway recreational trail for the proper management of the Devil’s Slide Bunker area. The Task Force shall evaluate whether or not public access could be provided and managed at the Devil’s Slide Bunker in a manner that would protect sensitive biological resources and public safety. Caltrans shall prepare and submit the necessary biological and hazards studies to assist this evaluation. If the Task Force decides that public access would not impact sensitive biological resources based upon these studies, then the Task Force shall evaluate whether public access can be accommodated in a safe manner. If the Task Force concludes that access can be provided in a safe manner, then it shall prepare a public access plan for the Bunker area. If the Task Force determines that public access to the Bunker site is not appropriate because of sensitive biological resource or public safety concerns, then the Task Force shall recommend to the agency operating the old highway trail, a long-term plan to protect the area, including the replacement of the existing chain-link fence with an aesthetically suitable alternative. Upon the receipt, the agency operating this facility shall be responsible for implementing the Task Force’s recommendations, including applying for any necessary permits.

12.	If, by the time the access improvements are completed, there is no plan for transition of responsibility for the public access acceptable to Caltrans and the County of San Mateo, then the access shall be relinquished as a non-motorized trail (not as a road) to the County of San Mateo, which shall accept responsibility for opening and operating the access. Such access shall be opened upon completion of the improvements referenced in Condition 10, and shall be incorporated into the San Mateo County Parks System for the purposes of operation and maintenance. The facility shall remain a part of the San Mateo County Parks System until such time as responsibility for operation and maintenance of the access is transferred to a permanent custodian.

13.	When relinquished to a permanent custodian, the access and related improvements referenced above shall remain open to the public and operated and maintained by the agency or organization to which they are permanently transferred, in accordance with the operational plan and parameters developed by the Devil’s Slide Coastal Access Task Force and approved by the County Planning Division.

14.	When the old highway recreational trail is relinquished in fee to a permanent operating entity, Caltrans shall include provisions in the transfer agreement to ensure that the public access trails and related required improvements referenced above shall then remain open to the public and operated and maintained by the agency or organization to which they are permanently transferred, in accordance with the approved operations plan required pursuant to Condition 10. Prior to executing this transfer agreement, Caltrans shall consult with the California Coastal Commission and shall submit the draft transfer agreement to the County Planning Division for review and approval.

15.	In the event of a catastrophic failure of this public trail (Old Highway 1 Trail) which renders all or a part of it, in the opinion of the agency or organization which then has operational responsibility for it, unusable, un-repairable or un-maintainable, and such agency or organization further determines that repairs to restore the access to the pre-failure condition would not be feasible, or that the creation of an alternative, passable pedestrian and/or bike trail is not feasible, that agency or organization shall not be required to return the access to its pre-failure condition. The agency or organization that owns the land and has operational responsibility for the trail shall immediately apply for a separate Coastal Development Permit to modify the nature, extent and operational parameters of the coastal access in a manner consistent with the then existing conditions, the requirements of the Coastal Act and the San Mateo County Local Coastal Program.

Dust Control

16.	Prior to the beginning of any construction, the applicant shall submit for review and approval by the County Planning Division, a construction dust control plan. The approved plan shall be implemented by the applicant prior to construction and is required during all phases of construction. County review and approval time frames will commence with the County’s determination that the submittals have complete information and will be completed within 60 days.

Visual

17.	Within one year of final project approval, Caltrans shall submit for review and approval by the County Planning Division a final signage plan. Signage plan shall include, but not be limited to, directional signs for trail parking areas and connecting trails, interpretive signs regarding the history and natural resources of the area, and “no overnight camping” (per LCP Policy 11.22) signs for the parking areas. This plan shall only cover signage for the recreational facilities and is not applicable to construction or traffic safety signage. The signage plan shall also show location of signs to avoid impacts to scenic views and sensitive resources. This signage shall be carefully designed to harmonize with the scenic qualities of scenic corridors.

18.	The Operations and Maintenance (OMC) building shall be constructed as proposed in the project Staff Report’s Attachments N-1 through N-4. All exterior concrete walls shall be left in a neutral gray color. No polished or reflective materials shall be used.

19.	The North Portal bridges shall be constructed as proposed in the project Staff Report’s Attachment O. The applicant shall employ a neutral gray shade of concrete to construct this bridge.

20.	For the North and South Portals and the South Rock Cut retaining wall, the applicant shall employ surface texturing and color treatments that match the surrounding rock coloration. The applicant shall install a 10-foot by 20-foot sample of the proposed texturing and color treatment near each portal and the South Rock Cut retaining wall. The proposed texturing and color treatment shall be reviewed and approved by Planning staff prior to application across all portals and retaining walls. County review and approval time frames will commence with the County’s determination that the submittals have complete information and will be completed within 60 days.

Sensitive Habitat Protection and Mitigation

21.	Within six months of this approval, the applicant shall submit a final wetlands mitigation plan for review and approval by the County Planning Division, in consultation with the Coastal Commission, for the “Charthouse mitigation site.” Said plan shall include the following:

	a.		Mitigation goals, objectives and performance standards including quantitative criteria to assess the attainment of goals/objectives.

	b.		An ecological assessment of the existing habitat, functions and values of the mitigation sites.

	c.		A site plan and design with specific elements and construction methods for:

			(1)		Hydrology (water control structures, channels).

			(2)		Soil (sediment composition, top soil conservation).

			(3)		Ground elevation changes (grading, erosion or sedimentation).

			(4)		Buffer areas, vegetation (species composition, exotics removal, sources of seeds).

	d.		A contingency plan that includes the acknowledgment that an approved Coastal Development Permit amendment will be needed if success criteria or mitigation performance standards are not achieved.

	e.		Long-term maintenance plan (irrigation, weeding, erosion control). Seed mixes will be made up of native herbaceous and shrub species appropriate to the habitat types, except that sterile, non-invasive annual cereal grains that will not persist or perpetuate may be used to provide quick soil stabilization.

	f.		A monitoring plan that addresses:

			(1)		Hydrology, soils, water quality, plants and animals.

			(2)		Success criteria for physical and chemical attributes.

			(3)		A timetable for reporting results.
	g.		Implementation schedule:

			(1)		Construction.

			(2)		Monitoring.

	h.		Wetland mitigation shall occur according to the approved plan.


22.	Vegetation removal for this project shall be limited to those areas that will be disturbed by construction activities. Areas within ESA fencing, as shown on Attachments 3-B1 through 3-B11 of the November 20, 2003 plan submittal, shall be protected from all construction related disturbances. The only additional vegetation removal permitted by this approval is for invasive vegetation control and must be in adherence with previously conditioned plan. (Note: Because of the high amount of detail and color in the full-size plans, reductions were not included in this staff report as they would not have been readable. The plans are in the project file and are available for public review upon request. These plans are incorporated by reference into this project. These plans will be available at the July 6, 2004 hearing.)

23.	To protect the California-red legged frog and its habitat from direct impacts due to construction, the applicant shall fully comply with the Biological Opinion issued by the United States Fish and Wildlife Service, dated December, 2000 and revised by letter from the USFWS dated March 25, 2004. The Biological Opinion authorizes take of the California red-legged frog. The applicant shall submit to San Mateo County copies of any monitoring reports required pursuant to the Biological Opinion. Any proposed revisions to the conditions of the Biological Opinion shall be based on continuing field research and studies and shall be made only in consultation with the USFWS.

24.	To avoid direct impacts to the California red-legged frog due to construction and minimize indirect impacts due to sedimentation, the following measures are required:

	a.		A frog exclusion fence shall be installed around the immediate perimeter of the north pond, and all other areas indicated on Attachments 3-B1 through 3-B11 of the November 20, 2003 plan submittal, prior to initiation of any construction activities within those areas. Said fence shall include one-way funnels that allow frogs that might be in the adjacent construction areas to “escape” to non-construction areas. Minor modifications to the location of this fence shall not require Planning Division approval so long as said modifications have been approved by the USFWS or their representative.

	b.		Either prior to or concurrently with the installation of the frog exclusion fence, ESA fencing will be installed, as indicated on Attachments 3-B1 through 3-B11 of the November 20, 2003 plan submittal. This fence will be installed along segments of the temporary construction access roads. High visibility orange polypropylene fabric can be used along portions of the ESA. These fences must be completely in place prior to access road construction at the North Portal and approaches. Minor modifications to the location of this fence shall not require Planning Division approval so long as said modifications have been approved by the USFWS or their representative.

	c.		The sediment barrier fence will be designed so that surface runoff within the construction zones will drain into small temporary de-silting basins spaced along the construction side of the fence. The spacing of these basins will reflect the locations shown on Attachments 3-B1 through 3-B11 of the November 20, 2003 plan submittal. Silt deposits will be removed once they fill more than one third of any basin or if the integrity of the sediment barrier fence is threatened.

	d.		Construction of temporary access roads and pier foundations will be limited primarily to the dry season (April 15 to October 15) to reduce the likelihood of a large-scale silt deposition on the valley floor. However, construction of temporary access roads and pier foundations within the valley floor from October 15 to April 15 will be allowed in accordance to limitations for Disturbed Soil Areas (DSAs) outlined in the water pollution control provisions in the applicant’s contract plans and specifications.

	e.		After construction is completed, the construction access roads will be re-graded to match the original ground contours as close as possible. Restoration of the plant communities within all disturbed areas will begin, including the use of erosion control fabric, where applicable, and a fabric silt fence, as required, to prevent any loose soil from entering the pond basin. All disturbed areas will then be hydro-seeded with a non-invasive seed mix.

	f.		During the operational phase, the majority of roadway runoff from the bridges will be contained and directed northward to a drainage on the existing Route 1 roadway which will include a water quality basin and which does not drain to the ponds and their surrounding habitats.

	g.		Following completion of the project, a one-time, silt removal project will be implemented at the north pond in order to lessen the current heavy silt load in this basin. This operation shall be implemented consistent with the requirements of the Biological Opinion referenced in Condition 24 above. Prior to the silt removal operations, the applicant shall trap and remove from the pond, as many California red-legged frogs as possible, in order to prevent their take.

	h.		To ensure that the north pond does not continue to dry up in mid-summer, thereby negating successful metamorphosis of any California red-legged frog larval crop, the pond shall be supplied with a pressurized water line and a heavy duty float valve system. In addition, the shoreline and inshore areas will be planted with a complex of indigenous emergent reed, sedge, and forb species. These actions shall create a permanent pond habitat in which perennial inshore vegetation will continue to grow and provide frog protection, and where the frog can complete larval metamorphosis, even during drought years.

	i.		A 3-year monitoring plan shall be implemented following the roadway construction to assess and evaluate the California red-legged frog population and the effects of the proposed mitigation measures. A copy of the monitoring plan shall be submitted to the San Mateo County Planning Division.

	j.		The koi carp population shall be removed from the south pond (at the North Portal work site) to eliminate predation on red-legged frog eggs and tadpoles.

	k.		The face of the south pond dam (at the North Portal work site) shall be restored and stabilized to ensure that the habitat functions associated with the pond will continue into the future.

	l.		The applicant shall conduct regular inspections of the fence around the construction access road and the north pond to ensure that red-legged frogs do not cross the road and enter the north pond. The applicant shall install an electric fence around the new pond fence to prevent mammalian predation.

25.	The existing earthen impoundment (dam) at the south ranch pond (on Shamrock Ranch) shall be repaired upon completion of construction of the North Portal and approach bridges. Vegetation shall be removed from the dam and spillway area, the face of the dam will be re-graded, and slope protection fabric and a system of drainage pipes will be installed.

26.	As required by the Federal Migratory Bird Treaty Act, the applicant shall develop and implement a monitoring plan for the peregrine falcon nesting site adjacent to the South Portal work area. Said plan shall be submitted to the County Planning Division for review and approval prior to the beginning of construction at the South Portal work area.

27.	If it is determined during monitoring that project activities are interrupting egg incubation or the feeding of the chicks at the peregrine falcon nest(s), then construction activities shall be suspended or the eggs or chicks shall be removed.

28.	If it is necessary to remove eggs from the nest(s), then the eggs are to be artificially incubated at a facility such as that operated by the Santa Cruz Predatory Bird Research Group (SCPBRG). Any chicks that hatched out are to be “hacked-out” to occupied nests. In the event that construction activities interrupt the raising of hatched chicks, those chicks shall be removed and hacked-out to other nests, if it is determined by a qualified biologist that this is the best course of action.

Conservation Easements

29.	Caltrans is required to submit evidence, in a form and content acceptable to the County Planning Division, that it has legally-binding agreements with the owners of the north and south ponds, as well as the new pond, and the Charthouse wetland mitigation site and has executed an irrevocable offer to dedicate to a public agency or private association acceptable to the County Planning Division, in consultation with the Coastal Commission, a conservation easement for habitat restoration, habitat maintenance, open space, view preservation and habitat protection over each of the four sites. In the case of the three ponds, this evidence shall be submitted prior to the commencement of construction of the bridge and, in the case of the Charthouse wetland site, this evidence shall be submitted prior to the commencement of construction of the tunnel. The easement shall:

	a.		Permit the applicant, its agents, and/or the accepting agency to enter the property when necessary to create and maintain habitat, revegetate portions of the area, and fence the newly created/revegetated area in order to protect such habitats.

	b.		Restrict all development as defined by the San Mateo County LCP (except any required and approved for habitat restoration and interpretation purposes), vegetation clearance, fuel modification and grading within the easement area.

	c.		Permit County or Coastal Commission staff to enter and inspect for purposes of determining compliance with Coastal Development Permit PLN 2003-00428.

	d.		The easement area shall be described in metes and bounds. The offer shall be recorded free of prior liens and encumbrances which the County Planning Division Director, in consultation with the Coastal Commission, determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all successors and assigns, and shall be irrevocable for a period of 21 years, such period running from the date of recording.

Utilities

30.	In compliance with LCP Policy 11.20, the applicant shall provide drinking water facilities at both proposed parking areas for the trail. The access improvement plans and water supply plans shall be modified to reflect this requirement.

31.	All new utilities associated with this project shall be placed underground as shown on Exhibit 9 of the November 20, 2003 plan submittal. No new aboveground utilities are permitted as part of this project.

32.	All water transmission and storage improvements permitted herein shall be restricted solely to serve the development specifically authorized by this Coastal Development Permit, including the tunnel, OMC building, and public access facilities. The permitted water transmission and storage facilities shall not be used to serve any development other than that authorized by this permit, including, but not limited to, existing, new, or expanded residential, commercial, or agricultural development or uses.

Noise and Light

33.	The applicant shall employ noise suppression devices on all equipment and vehicles to be used for this project. Because of the proximity of sensitive receptors at the North Portal work site, construction activities will be limited to daylight hours and all work at this location shall be prohibited on Sundays and National Holidays. Due to the lack of nearby sensitive receptors at the South Portal, no such restrictions shall exist.

34.	Prior to the beginning of construction of the tunnel bores, the applicant shall submit a lighting plan for review and approval by the County Planning Division. Said plan shall address both interior (within) and exterior lighting. Lighting at the exterior of the portal entrances shall be limited to that necessary to provide safe illumination of the tunnel approaches. All exterior lighting shall be hooded and directed downward and/or away from surrounding urban areas. The entire lighting system shall be computer controlled and have an uninterruptible power supply. The approved plan shall be implemented prior to the opening of the tunnel for regular public use.

Water Quality

35.	All temporary construction roads for this project shall employ aggregate surfacing to reduce stormwater sedimentation, dust, and visual impacts. No asphalt paving shall be used unless aggregate surfacing is not possible due to field conditions. The applicant shall maintain all temporary construction roads and install additional aggregate as necessary.

36.	The applicant shall install sediment control structures around the perimeter of the dirt access road where runoff is likely to drain to any of the three ponds or the creek at the North Portal work site. Any silt control structures that breach or become damaged during a storm event shall be repaired or replaced within 24 hours. Any straw/hay bales that may be used for sediment control shall be as weed free as possible.

37.	Prior to the beginning of construction activities, the applicant shall submit a revised site plan designating construction staging areas. This plan shall be reviewed and approved by the San Mateo County Planning Division, California Department of Fish and Game, and USFWS staff prior to implementation. Stockpiling of construction materials, including portable equipment, vehicles and supplies, including chemicals, will be restricted to these designated areas only. These areas shall be designed to contain runoff. County review and approval time frames will commence with the County’s determination that the submittals have complete information and will be completed within 60 days.

38.	Refueling of construction equipment and vehicles may not occur within 300 feet of any water body or anywhere that spilled fuel could drain to a water body. The applicant shall check and maintain equipment and vehicles operated in the project area daily to prevent leaks of fuels, lubricants or other fluids. The vehicle and equipment fueling and maintenance areas shall be designed to contain runoff.

39.	Equipment may not be washed in a place where wash water could drain to the creek or the ponds. The washing areas shall be designed to contain runoff.

40.	Prior to the beginning of any construction associated with this permit, the applicant shall submit copies of all permits obtained from other State and Federal agencies, including a Stormwater Pollution Prevention Plan (SWPPP). County review and approval time frames will commence with the County’s determination that the submittals have complete information and will be completed within 60 days.

41.	The applicant shall clean hazardous material spills immediately. Such spills shall be reported to the County and the U. S. Fish and Wildlife Service immediately. Spill cleanup and remediation shall be detailed in post-construction compliance reports. Copies of said reports shall be submitted to the USFWS and the San Mateo County Planning Division. The perimeter of cleanup areas shall include appropriate barriers to contain and collect wash waters.

42.	The applicant shall remove litter and construction debris from the construction site on a regular basis and contain the waste at an appropriate site. All collected trash that may attract predators shall be securely covered at all times in locking metal containers, removed from the work site and disposed regularly. Following construction, all trash and construction debris shall be removed from the work areas.

Trails

43.	During construction of the tunnel, Caltrans shall maintain all public trail access affected by the project. Access shall be maintained by means of trail detours during construction of the tunnel. After construction, any trail affected by the project, including the impacted section of the old Half Moon Bay-Colma Road Trail, shall be re-established or realigned and reconnected to maintain trail continuity. All reconnection of severed trails shall occur prior to the opening of the tunnel for public use.

Traffic Measures

44.	To minimize significant delays to recreational traffic, the applicant shall restrict truck trips (for the supply and removal of equipment and materials) to the time periods of: (1) 3:00 p.m. to 6:00 p.m. on Mondays through Thursdays, (2) 3:00 p.m. to 7:00 p.m. on Fridays, and (3) 9:00 a.m. to 9:00 p.m. on Saturdays, Sundays, and days preceding designated legal holidays and special events. On designated legal holidays and special events days, truck trips will be restricted the entire day and night. Public notices and the posting of roadway signs will be implemented to alert the public of any temporary road closures, lane reductions, or other construction scenarios that may affect traffic movement.

45.	Prior to the beginning of any construction covered by this permit, the applicant shall submit a traffic management plan for review and approval. Said plan shall address the following:

	a.		Restrict all truck traffic associated with this project as indicated on Condition 43, above. The plan shall detail how this restriction shall be effectively implemented.

	b.		Parking for construction workers and equipment delivery. The plan shall clearly delineate where workers will park and equipment delivered.

	c.		Lane closures. All lane closures shall be limited to non-peak (recreational or commute) hours.

46.	No off-site hauling of material is allowed. All spoils resulting from this project shall be disposed of at the “Fill Disposal Site” as designated on the accompanying plans. No off-site hauling of tunnel spoils is allowed.

Air Quality

47.	The applicant shall incorporate jet fan units into the construction of the tunnels, as shown on the November 20, 2003 plan submittal, to provide acceptable air quality conditions for bicyclists. The proposed tunnel design will also include a “real time” air quality monitoring system that includes variable message signs to advise bicyclists if unacceptable air quality conditions exist in the tunnel.

Socioeconomic

48.	In accordance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the California Relocation Act (Chapter 16, Section 7260 et seq. of the Government Code), Caltrans will provide relocation assistance to any person, business, farm or non-profit organization displaced as a result of the acquisition of real property for public use.

DISCUSSION

Erosion Control and Revegetation