The Special Environmental Studies (ES) Overlay District is intended
to protect areas of high biological value and to protect the health,
safety, and welfare of residents of the City by establishing regulations
for addressing geologic hazards. The specific purposes of the ES Overlay
District are to:
A. Require
assessments of biological resources with development proposals in
areas with sensitive habitats.
B. Mitigate
impacts to wetland habitat or special status species through project
development.
C. Require
soils and geologic review of development proposals to assess potential
seismic hazards related to slope stability, earthquake ground shaking,
fault ground rupture, and liquefaction potential.
D. Require
all geologic hazards be adequately addressed and mitigated through
project development.
(Ord. 1432 § 2, 2010)
The provisions of this chapter shall apply to all areas of the
City that the General Plan identified as ecologically sensitive habitat
or susceptible to geologic hazards as well as other areas designated
by State and federal agencies including Habitat Conservation areas,
wetlands, and other areas identified on maps maintained by the City.
In addition to the areas identified in the General Plan (Figure 7-2:
Special Environmental Studies Required for Development Proposals),
the City Engineer or Chief Planner may require biological assessments
or geotechnical and engineering geology reports and apply other requirements
in this chapter to properties outside the ES Overlay District based
on maps and other studies, which document the existence of potential
geologic hazards or sensitive habitats that warrant evaluation.
(Ord. 1432 § 2, 2010)
All development proposals in areas of the ES Overlay District
that have been identified as ecologically sensitive habitat as shown
on a map or maps maintained by the City require a site-specific assessment
of biological resources in compliance with the following standards.
A. Site Design. Sensitive habitat areas shall be protected in
the following order: (1) avoidance; (2) onsite mitigation; (3) offsite
mitigation; and (4) purchase of mitigation credits.
B. Biological Report. A development application for a project
on a site located within an area identified as ecologically sensitive
habitat shall also include a report by a biologist or other qualified
professional that contains the following:
1. An evaluation of the impact the development may have on the habitat,
and whether the development will be consistent with the biological
continuance of the habitat. Maximum feasible mitigation measures to
protect the resource shall be identified and a program for monitoring
and evaluating the effectiveness of the mitigation measures shall
be included.
2. Conditions of approval recommendations for the restoration of damaged
habitats, where feasible, including recommendations for the removal
and prevention of re-establishment of invasive species.
C. Required Findings. Approval of a development permit for a
project on a site located within an area identified as ecologically
sensitive habitat shall not occur unless the applicable review body
first finds that:
1. There will be no significant negative impact on the identified sensitive
habitat and the proposed use will be consistent with the biological
continuance of the habitat.
2. The proposed use will not significantly disrupt the habitat.
3. Adequate mitigation measures are required to mitigate impacts to
significant biological resources.
4. There has been “no net loss” of wetlands. Disturbed wetlands
have been replaced with the same type of wetlands.
5. Where feasible, damaged habitats will be restored as a condition
of development approval.
(Ord. 1432 § 2, 2010)
All permit applications for projects located within areas of
the ES Overlay District that have been identified as susceptible to
geologic hazards as shown on a map or maps maintained by the City
require the preparation of site-specific soils and geologic reports
as follows:
A. Soil Report. A soil report, based upon adequate test borings
or excavations, shall be prepared by a civil engineer licensed with
the State of California, subject to the following requirements.
1. Contents. The soil report shall address
potential problems of landsliding, ground shaking, and surface faulting.
If the soil report indicates the presence of soil conditions which,
if not corrected, could lead to structural defects, the report shall
recommend corrective action that is likely to prevent structural damage
to each structure proposed to be constructed.
2. Review of Report. The soil report shall
be approved by the City Engineer if it is determined that the recommended
action, where soil problems exist, is likely to prevent structural
damage to each structure to be constructed. In order to make his or
her determination, the City Engineer may have the soil report independently
reviewed by a licensed geotechnical engineer, registered by the State
of California, the cost of which shall be borne by the applicant.
The recommended action shall be incorporated in the construction of
each structure as a condition to the issuance of any building permit.
3. Exemption. A soil report shall not
be required for:
a. Small Structures. Detached non-habitable structures
that total 400 square feet in floor area or less.
b. Additions. A soils report may not be required for
small additions (less than 50 square feet in floor area), based upon
the determination of the City Engineer.
B. Geologic Report. A geologic report shall be prepared by a
certified engineering geologist, subject to the following requirements:
1. Content. The report shall identify,
describe and illustrate, where applicable, potential hazards of surface
fault rupture, seismic shaking, liquefaction or landslide and shall
include:
2. Review of Conditions. A review of the
local and regional seismic and other geological conditions that significantly
affect the proposed use.
3. Assessment. An assessment of conditions
on or near the site that would contribute to the potential for damage
of a proposed use from a seismic or other geological event, or the
potential for a new use to create adverse effects upon existing uses
because of identified geologic hazards. The conditions assessed are
to include, where applicable, rainfall, soils, slopes, water table,
bedrock geology, and any other substrate conditions that may affect
seismic response, landslide risk or liquefaction potential.
4. Recommendations. Recommended building
techniques, site preparation measures, or setbacks necessary to reduce
risks to life and structural damage to property from seismic damage,
landslide, groundwater and liquefaction to insignificant levels.
5. Exemption. A geologic report shall
not be required for:
a. Individual Homes within Single Unit Subdivisions. Single-unit wood-frame or steel-frame dwellings to be built on parcels
of land for which geologic reports have already been approved.
b. Small Structures. Detached non-habitable structures
that total 400 square feet in floor area or less.
c. Additions. Additions to existing structures.
C. Waiver of Reports. No report is required for an application
located in an area for which the City Engineer determines that sufficient
information exists because of previous geology or soils reports.
(Ord. 1432 § 2, 2010)