08-21-2023 Planning Commission Packet

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FILE #LA23-000030 August 21, 2023 Page 2 of 3 MCWD Review A Notice of Decision from MCWD approved the wetland boundary and type on June 20, 2023. The applicant applied for all necessary watershed permits on July 7, 2023. The erosion control permit, waterbody crossing permit, wetland protection permit, floodplain alteration permit and wetland conservation act permit are currently under review with MCWD. The anticipated approval for said permits is September 2023. The City will require all permits are approved prior to moving forward to the City Council for approval of the rezoning request. Rezoning - Wetland Overlay District In establishing a wetland overlay district over all known wetlands, Section 78-1603 includes direction regarding previously unidentified wetlands; these wetlands may be identified by wetland delineations under the Wetland Conservation Act (WCA) rules. If a specific wetland delineation has been done under WCA rules, then the boundaries of the wetland overlay district for that location will be as shown in the delineation. Therefore, all wetlands delineated and approved by the MCWD become part of the City's wetland overlay district. Section 78-1609(a) identifies standards to be considered when removing lands from the wetland overlay district: "These amendments must be consistent with the purpose of this article, the city's surface water management plan and the goals and policies of the community management plan. In determining the appropriateness of a rezoning request, the city council will consider: • the size of the wetland overlay district, • the magnitude of the area proposed for removal, • hydrological and ecological effects, and • the type and function of wetlands involved in order to provide the maximum feasible protection." Wetland Alteration Permit City Code Section 78-1610 provides guidance for reviewing a wetland alteration permit and states that alteration of a wetland will only be allowed if an equal amount of water storage is provided. According to the Notice of Application, the MCWD recommends the purchase of standard wetland credits in lieu of a compensatory wetland area. Analysis The proposed wetland alteration is minimal to support the construction of the driveway which is the only access way to the property. Staff recommends MCWD as a condition for approval. The applicant has completed a preliminary review with the MCWD and anticipates full approval later this year. Planning Staff observes that the alteration of the wetland at 4685 West Branch Road will not negatively impact adjacent properties or the floodplain. Staffs supports the application. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that this proposed wetland map change to be consistent with the purpose of the wetland protections, and the comprehensive plan?