This chapter implements applicable provisions of the local coastal
program for ensuring the avoidance and minimization of risks associated
exposure to natural and man-made hazards, including geologic, flooding,
wildfire, and toxic materials, by providing standards for the review,
authorization, and conditioning of new development and land uses consistent
with the requirements of the California Coastal Act.
(Ord. of 2-22-2011(1))
The provisions of this chapter apply to the review of coastal
development permit applications for all development proposed on sites
that contain or are within proximity to hazardous areas, could be
exposed to natural and man-made hazards, or whose construction or
presence may: (a) expose persons and property to geologic, flooding,
and wildfire hazards; (b) create or contribute significantly to erosion,
geologic instability, or destruction of the site or surrounding area,
or require the construction of protective devices that would substantially
alter natural landforms along bluffs and cliffs; and/or (c) potentially
result in spillage of crude oil, gas, petroleum products, or hazardous
substances, or exposure thereto. Where any policy or standard provided
in this chapter conflicts with any other policy or standard contained
in the city's coastal land use plan, coastal zone zoning regulations,
or other city-adopted plan, resolution or ordinance not included in
the certified local coastal plan or its implementing provisions, and
it is not possible for the development to comply with both the city
of Crescent City LCP and other plan, resolution or ordinance, the
policies, standards or provisions contained herein shall take precedence.
(Ord. of 2-22-2011(1))
In addition to the findings for approval or conditional approval of a coastal development permit as required by Section
17.84.033, the following supplementary findings, based on factual evidence, shall be made for new development or uses occurring in or in proximity to hazardous areas:
A. General. The development meets all development standards of Section
17.84G.050.
B. Development
or uses in to geologic, flooding, and wildfire hazard areas. The development
or use has been designed and sited to:
1. Minimize risks to life and property;
2. Assure stability and structural integrity, and neither create nor
contribute significantly to erosion, geologic instability, or destruction
of the site or surrounding area or in any way require the construction
of protective devices that would substantially alter natural landforms
along bluffs and cliffs.
C. Commercial
or industrial development involving the use, storage, or transport
of hazardous materials. The development or use has been designed and
sited such that protection against the spillage of crude oil, gas,
petroleum products, or hazardous substances shall be provided and
that effective containment and cleanup facilities and procedures shall
be provided for accidental spills that do occur.
(Ord. of 2-22-2011(1))
Development in areas subject to natural or man-made hazards
shall only be authorized subject to the following conditions:
A. Geologic
hazard areas.
1. All recommendations of the consulting Certified Engineering Geologist,
Geotechnical Engineer, and registered engineer(s) and/or the department
staff shall be incorporated into all final design and construction
including foundations, grading, sewage disposal, and drainage. Final
plans must be reviewed and approved for compliance with geologic recommendations
by the consulting registered engineer(s) and the department staff;
and
2. Final plans approved by the consulting professionals and the department
staff shall be in substantial conformance with the plans approved
by the final city decision making body relative to construction, grading,
sewage disposal and drainage. Any substantial changes in the proposed
development approved by the city which may be required by the project
consultants or department staff shall require an amendment to the
permit or a new coastal development permit.
B. Blufftop
and shoreline sites.
1. The development is sited such that it will remain safe from coastal
erosion and slope instability for the full span of its economic life
(usually one hundred years);
2. The erosion control plan is implemented as part of the approved development;
3. Provisions are included in the authorization should slope instability
and/or bluff retreat occur at locations or rates other than anticipated,
the permittee is required to seek a permit amendment for relocation
of the structure or to authorize other stabilizing actions once the
blufftop edge or area of instability encroach within ten feet of the
structure; and
4. Rights to future construction of a sea wall, cliff retaining wall,
or other protective devices that would substantially alter natural
landforms along bluffs and cliffs are waived by recorded deed restriction.
C. Floodplains
and other flood-prone sites.
1. The development has been conditioned to meet all requirements of
the flood damage prevention Chapter 21.45; and
2. Maintenance projects involving the removal of materials from erosion
control and flood control facilities constructed on watercourses are
required, where feasible, to be placed at appropriate points on the
shoreline such that the movement of sediment and nutrients which would
otherwise be carried by storm runoff into coastal waters are not impeded,
and the continued delivery of these sediments to the littoral zone
is facilitated. Such placement shall be done in accordance with feasible
mitigation measures to minimize adverse environmental effects, taking
into consideration physical and chemical properties of the removed
materials, the method of placement, time of year of placement, and
sensitivity of the placement area and receiving waters.
D. New
permanent residential development created through land divisions located
within mapped or modeled tsunami hazard areas.
1. Have floor elevations one-foot above the height of tsunami runup
originating from the maximum credible near-source seismic event on
the Cascadia Subduction Zone, as depicted on the latest government-prepared
tsunami hazard maps or local modeling, taking into consideration local
uplift and subsidence, and a three-foot rise in sea level over a one-hundred
year period; and
2. The building has been designed to withstand the hydrodynamic, hydrostatic,
and buoyancy forces associated with wave strike and back-flow, including
the effects on foundation scour, without experiencing catastrophic
E. Wildfire
hazards.
1. The development or use has been conditioned to be constructed or
operated consistent with applicable fire safe standards for the local-or
state-responsibility area in which it is located, provided that that
all feasible protective measures are included such that impacts to
coastal resources are minimized. Examples of these measures include,
but are not limited to, siting and designing the development or use
so that fuel modification clearing and access improvements in and
in proximity to environmentally sensitive habitat areas and geologically
unstable areas are minimized.
F. Hazardous
materials.
1. The development or use has been conditioned to be constructed and/or
operated consistent with an approved spill prevention, response, and
clean-up plan.
(Ord. of 2-22-2011(1))