Item Coversheet
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report 

November  7, 2017
ORDERS OF BUSINESS

TO:

Honorable Mayor and City Council Members 
SUBMITTED BY:

Marc Wiener 
APPROVED BY: 

Chip Rerig, City Administrator
SUBJECT:Receive an annual progress report on the North Dunes restoration project (CDP 16-315) and provide policy direction.  
RECOMMENDATION:

 

1.         Receive annual progress report on the North Dunes restoration project (CDP 16-315) and authorize staff to continue with implementation of the Plan as outlined in this Council Report.

 

2.         Provide policy direction to staff on future amendments to the CDP or General Plan.

BACKGROUND/SUMMARY:

 

PURPOSE:

 

On September 14, 2016, the Planning Commission approved a 5-year Coastal Development Permit (CDP) authorizing restoration activities in the North Dunes.  The scope of work contained within the CDP is based on the 2009 City Council adopted North Dunes & Del Mar Dunes Habitat Restoration Plan, which sets forth restoration goals, protocol, and monitoring measures for the degraded dune areas.  Staff is providing the City Council with an annual update on the progress of the North Dunes restoration and is seeking policy direction.

 

BACKGROUND:

 

In 1995, the North and Del Mar Dunes were designated as Environmentally Sensitive Habitat Area (ESHA) following a report by Jones and Stokes, “Final Results of the Environmentally Sensitive Habitat Area Study Conducted for the City of Carmel”. ESHAs are defined in the City’s Local Coastal Program/ Land Use Plan (LCP/LUP) and in the California Coastal Act of 1976 as “any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem, and which could be easily disturbed or degraded by human activities and developments.” In a more natural setting, ESHAs would be self-sustaining and would not need active management. However the North Dunes area is an isolated remnant of a larger environmentally-sensitive area, surrounded by urban development. Active management is essential, if this habitat is to be protected and preserved.

 

The Jones and Stokes study identified Tidestrom’s lupine (Lupinus tidestromii) and the California black legless lizard (Anniella pulchra) to be present in the central dune scrub in the North Dunes.  Tidestrom’s lupine is listed as an endangered species by the State of California and the U.S. Government. The lupine’s natural habitat is coastal sand dunes, and the lupine is found in less than 20 locations in California. The California black legless lizard is listed by the State of California as a species of special concern.  It has been losing its habitat to human activities such as agriculture, housing development, land development and recreation, and by the introduction of exotic plants such as ice plant.

 

The Coastal Resources Element of the City’s General Plan calls for the development and implementation of a restoration plan for the North Dunes. In September 2009, the “North Dunes & Del Mar Dunes Habitat Restoration Plan” was adopted by the City Council and was later certified by the California Coastal Commission as an appendix to the City’s General Plan and incorporated into the Carmel Local Coastal Plan (LCP). The North Dunes & Del Mar Dunes Habitat Restoration Plan describes in detail the biological resources of the last remaining dune areas within the City limits, sets forth restoration goals, protocol, and monitoring measures for the degraded dune areas. The mission of the habitat restoration and management program is to recreate a self-sustaining native dune habitat with thriving populations of the special status species, while providing safe visitor access and enjoyment of the dunes.

 

The North Dunes & Del Mar Dunes Habitat Restoration Plan was reviewed by the Forest and Beach Commission and Planning Commission on several occasions prior to being adopted by the City Council in 2009.  During the review the process the issue of tree removal was considered and restoration policies were drafted in a manner that is consistent with the City’s General Plan and Shoreline Management Plan.  The North Dunes & Del Mar Dunes Habitat Restoration Plan recommends maintaining and replacing Monterey Cypress trees adjacent to Ocean Avenue, but that the Monterey Cypress near the center of the North Dunes and the Monterey Pines at the north end of the North Dunes not be replaced if removed due to disease and death. The Planning Commission and Forest and Beach Commission staff reports associated with the adoption of the Restoration Plan indicate that the policy issues related to tree removal were raised at the public hearings.   

 

Coastal Development Permit (CDP 16-315)On September 14, 2016, the Planning Commission approved CDP 16-315 for restoration activities in the North Dunes, consistent with the objectives outlined in the 2009 North Dunes & Del Mar Dunes Habitat Restoration Plan.  In the fall of 2014, the City retained Contract Biologist, Ms. Joey Canepa, to prepare and implement the habitat restoration plan associated with the CDP.  The objectives of the North Dunes habitat restoration are to eliminate all non-native plant species, restore the native dune scrub, expand the population of Tidestrom's lupine, and the quantity and quality of available habitat for Black Legless lizards, establish a trail system to provide safe visitor access without compromising the health of the dune habitat and provide interpretation of the North Dunes habitat to enhance the visitors experience and knowledge of the Carmel dunes.  The CDP’s scope of work includes the following:

 

  • Removal of ice-plant and Conocosia
  • Removal of acacia in the dune area
  • Removal of other invasive plants – annual weeds and possible Tidestrom’s lupine hybrids
  • Trimming of acacia back and lower along the beach bluff to minimize intrusion into the dunes and open views to the ocean
  • Management of endangered and sensitive species
  • Removal of trees – dead, hazardous, and limited number of healthy trees (in key restoration areas)
  • Removal of stumps (limited number) and monitoring of impacts and benefits
  • Use of mechanized equipment (ATV, backhoe, stump grinder, etc.) to facilitate tree and invasive removals, cable fence installation, and maintenance requirements under direction of the project biologist.
  • Seed collection and seedling propagation (Tidestrom’s lupine under Department of Fish and Wildlife permit)
  • Seed sowing and seedling planting
  • Protection/fencing of Tidestrom’s lupine areas and other sensitive recovery areas
  • New Signage
  • Maintenance of structures ie. boardwalk, signage, fencing, tree pruning
  • Monitoring (annual reports to Forest and Beach Commission, Planning Commission, and City Council) and gauging progress on performance standards
  • Adjustments/Adaptive Management

The CDP provides for the Project Biologist, Ms. Canepa, to manage the habitat restoration through a phased approach over a period of 5 years. This approach allows the larger project to be divided into manageable sizes and spreads cost over time.  Ms. Canepa has utilized low or no-cost labor from various local organizations, schools, and other private contractors to accomplish specific tasks under the direction of the Project Biologist.  The CDP requires that an annual progress report be provided to the Forest and Beach Commission, Planning Commission and City Council.  For expediency, the City Council is being provided with the progress report prior to review by the Forest and Beach Commission and Planning Commission. 

 

 ANNUAL PROGRESS REPORT:

 

The City’s Project Biologist, Ms. Canepa, has submitted an annual progress report (Attachment 1) that provides an analysis of the program’s success and an overview of project achievements.  Project success is primarily based on measurements (transect data) of native vs. non-native vegetative ground cover in relation to success criteria established by the CDP.  In order to estimate current ground cover, Ms. Canepa used the line intercept   method, which samples and measures vegetation cover along a 100-foot long measuring tape (transect) in various areas of the North Dunes.  Below is a summary of project success criteria and an analysis of how project is currently meeting these goals.  This success criteria is established by the North Dunes & Del Mar Dunes Habitat Restoration Plan and is included in the CDP.

 

1.    Success is met when invasive, non-native species are reduced to no more than 10% cover in the project area over five years.

 

Results:  In 2016, the ground cover of non-native vegetation was estimated to be 35%.  In 2017, the average percent ground cover of non-native vegetation (all transects) is 19%.  The non-native ground cover has been reduced by 16%.  The project does not yet meet the standard of 10% non-native ground cover, however, this standard is to be met after five years and the project is still only in the first year. 

 

2.    Success is met when the number of native dune species is restored to 50% native cover within five years.

 

Results:  In 2016, the ground cover of native vegetation was estimated to be 25%.  In 2017, the average percent ground cover of native vegetation (all transects) is 51%. This represents a 26% increase in native vegetation ground cover and meets the 50% benchmark.    

 

3.    The number of native dune species shall be restored to a minimum of 30 species within five years.

 

Results:  There were 26 native species found onsite, which is very close to the desired goal of 30 native species.

 

 

4.   Establish 1,000 Tidestrom’s Lupine in the North Dunes (10 locations with  at least 100 plants each).

 

Results:  A permit was obtained from the Department of Fish and Wildlife for first-year activities of seed collection and propagation. Ms. Canepa estimates that at the start of the project there were approximately 500 Tidestrom’s Lupine in the North Dunes and that this number has been increased by 25% over the past year.  However, some of the newly vegetated areas will not survive and it is anticipated to be a 3-4 year process to reach 1,000 Tidestrom’s Lupine.  The Tidestrom’s Lupine should be self-sustaining once this population number of 1,000 plants is reached.   

 

Conclusion:  In addition to meeting these established success criteria, other project components that have been completed include the installation of 1,650 linear feet of cable and stake/rope fencing, removal of 40 cubic yards of ice plant, and removal of 5,950 pounds of weeds.  In the annual progress report, Ms. Canepa concludes that the first year of habitat restoration exceeded expectations likely due to an abundant rain year.  The prolific and consistent rainfall resulted in robust vegetative growth and great establishment for all plants onsite. Perhaps just as importantly, there were many new seedlings germinating beneath established native plants, indicating regeneration from seed dispersal-the hallmark of successful restoration, sustainable habitat.

 

Recommendations:  Ms. Canepa has made certain recommendations for the program that would require a subsequent CDP.  With regard to tree management, she recommends to designate selective live tree removal to enable restoration efforts, remove the Monterey Cypress trees (unspecified number) east of the volleyball courts, and map locations for limited replacement trees in designated forest areas.  She also recommends designing main entrances to the North Dunes along Ocean and San Antonio Avenues, and the design and installation of interpretive signage. 

 

These recommendations need to be worked out with staff, as well as the Forest and Beach Commission and Planning Commission.  As described in the following section, the City Council may provide policy direction as to whether a subsequent CDP or General Plan amendment should be pursued.  It should be noted that processing a subsequent CDP or General Plan amendment would not interfere with the current restoration efforts.  

 

POLICY CONSIDERATIONS:

 

The City’s General Plan contains several goals, objectives, and policies regarding management of the North Dunes ESHA.  The approved CDP is consistent with policy recommendations to restore the North Dunes by improving the habitat of native plants, removing invasive horticulture species, and retaining a qualified biologist to oversee and monitor these efforts.  With regard to trees in the North Dunes, General Plan Policy P5-25 states the following:

 

“Continue the use of Monterey Cypress as the predominant tree species on the beach bluff and North Dunes. The exact number of trees may vary over time, but whenever a tree dies or is lost during a storm, replacement trees should be planted in approximately the same location. Maintain a low-to-medium density of trees (40 to 60 trees) in the North Dunes.”

 

This Policy requires replacement of Monterey Cypress trees in the North Dunes and prescribes a specific tree density of 40-60 trees.  The City’s Shoreline Management Plan also contains sections that recognize Monterey Cypress trees as being important to the shoreline and North Dunes. Based on a 2012 survey, there are approximately 78 trees in the North Dunes that include: 37 Coast Live Oaks, 24 Monterey Cypress, 16 Monterey Pine trees, and 1 Eucalyptus tree.  Some of these trees interfere with the growth of native dune plants. For example, there is a grove of approximately 11-12 Monterey Cypress trees located near the center of the North Dunes that will likely impede the Tidestrom’s lupine. The CDP authorizes the removal of dead and hazardous trees and allows the removal or transplant of a limited number (up to 5) of healthy trees in areas that substantially interfere with restoration activities. There are also large areas of Acacia that are scheduled for removal.  However, in order to ensure compliance with Policy P5-25, the CDP work-plan was conditioned to limit the overall removal of healthy trees, in particular, the Monterey Cypress. Of special note is that the Planning Commission added a special condition requiring that during the course of the 5-year CDP, the City’s biologist shall study and make a recommendation as to whether the central Monterey Cypress grove, along the eastern edge of the volleyball courts, should be removed in order to protect the Tidestrom’s lupine. The proposed tree removal would require a subsequent CDP.  Ms. Canepa has not yet submitted a formal recommendation, but it is anticipated that she will recommend that at least some of the Monterey Cypress trees in this area be removed.

 

Policy Questions

 

Staff is seeking policy direction from the City Council as to whether CDP 16-315 should be revised and if the City should amend General Plan Policy P5-25.  The following is a list of questions for the Council’s consideration:

 

1. Should the CDP be revised to allow for removal of additional Monterey Pine and Coast Live Oak trees?

 

The current CDP allows for the removal of up to 5 healthy trees in key restoration areas.  The tree density could be reduced to a range of 40-60 trees and still be consistent with Policy P5-25.  The tree removal revision should be based on recommendations by the City’s Contract Biologist and the Forest and Beach Commission.  Any revisions would be reviewed by the Forest and Beach Commission and Planning Commission. The City Council could call up the amended CDP in order to be the final decision making body.

 

2. Should the CDP be revised to allow for removal of Monterey Cypress trees from center of the North Dunes? 

 

Monterey Cypress trees could potentially be removed in the key restoration areas.  However, in order to be compliant with Policy P5-25, new Monterey Cypress trees should be replanted at a 1:1 ratio in other appropriate dune areas that are less impactful to native plant species. The tree removal revision should be based on recommendations by the City’s Contract Biologist and the Forest and Beach Commission. The City Council could call up the amended CDP in order to be the final decision making body.

 

3.    Should the City Council consider amending General Plan Policy P5-25 to allow for removal of Monterey Cypress trees and/or revise the required tree density?

 

Associated amendments would also be made to the North Dunes & Del Mar Dunes Habitat Restoration Plan and the Shoreline Management Plan. Both the General Plan and the Habitat Restoration Plan are included as part of the City’s Local Coastal Plan (LCP) and any amendments would require certification by the California Coastal Commission. The process would require that the proposed amendments first be reviewed by the Forest and Beach Commission and Planning Commission for input.  Following this review, the amendments would be reviewed by the City Council for adoption and finally the California Coastal Commission for certification. There would also be an associated environmental review that could potentially result in the need for a Mitigated Negative Declaration or Environmental Impact Report.

 

Staff is seeking input and guidance from the City Council on these policy questions. Restoration work authorized under the current CDP could continue while staff concurrently works on a subsequent CDP or General Plan amendment.

 

SEPARATE ATTACHMENTS:

 

Staff has provided the following documents to the City Council under separate cover:

 

-       Correspondence from Save our Native Dunes (SAND)

-       Privately commissioned habitat restoration plan (prepared by biologist,Tom Moss)

-       November 2, 2015 City Council Staff Report outlining the process of developing the North Dunes & Del Mar Dunes Habitat Restoration Plan. Included is project chronology, pertinent staff reports and meeting minutes.

 

CC: Neils Reimers, Save our Native Dunes

       Jon Lambert, Resident who commissioned separate habitat restoration plan

       Michael DeLapa, Volleyball respresentative 

 

 

ENVIRONMENTAL REVIEW:  

 

On June 2, 2009, the Carmel-by-the-Sea City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the approval of the Del Mar Master Plan and associated North Dunes Restoration Plan.  The scope of work included in CDP 16-315 is intended to implement the North Dunes Restoration Plan and will not result in new significant environmental impacts or a substantial increase in the severity of impacts previously analyzed in the 2009 IS/MND, therefore, the 2009 IS/MND provides adequate environmental analysis of this project.

FISCAL IMPACT:

FY 17-18: $60,000 budgeted in the City’s Capital Improvement Plan, which will cover work identified in the CDP such as seedling propagation, invasive removal, tree removal and cable fencing.

PRIOR CITY COUNCIL ACTION:

The City Council adopted the Del Mar Master Plan June 2, 2009.

 

The City Council received a report on the North Dunes on November 2, 2015

ATTACHMENTS:
ATTACHMENTS:
Description
Attachment 1 - North Dunes Annual Progress Report
Attachment 2 - CDP 16-315 Findings for Approval
Attachment 3 - CDP 16-315 Conditions of Approval