A. 
The Specific Plan Overlay Zone is derived from Section 65450 et seq., of the California Government Code which provides for the preparation and adoption of specific plans for all or any part of the area covered by the General Plan to insure its systematic implementation. Each specific plan must be consistent with the General Plan and the specific plan may not allow more intensive land uses than those described in the General Plan for each land use designation.
B. 
The specific plan is intended to regulate development within the City in accordance with the General Plan by allowing the creation of specific development criteria for certain areas and properties to promote more functional use of land, revitalization of existing development, and greater compatibility with surrounding land uses and environmental conditions.
A. 
Applicability. The Coastal Bluff Overlay Zone regulations shall apply to all areas of the City where site-specific analysis of the characteristics of a parcel of land indicate the presence of a coastal bluff.
B. 
Development Standards. In addition to development and design regulations which otherwise apply, the following development standards shall apply to properties within the Coastal Bluff Overlay Zone. In case of conflict between the following standards and other standards, regulations and guidelines applicable to a given property, the more restrictive shall regulate.
1. 
With the following exceptions, no principal structure, accessory structure, facility or improvement shall be constructed, placed or installed within 40 feet of the top edge of the coastal bluff. Exceptions are as follows:
a. 
Principal and accessory structures closer than 40 feet but not closer than 25 feet from the top edge of the coastal bluff, as reviewed and approved pursuant to subsection C, Development Processing and Approval, of this section. This exception to allow a minimum setback of no less than 25 feet shall be limited to additions or expansions to existing principal structures which are already located seaward of the 40-foot coastal blufftop setback, provided the proposed addition or expansion is located no further seaward than the existing principal structure, is set back a minimum of 25 feet from the coastal blufftop edge and the applicant agrees to remove the proposed addition or expansion, either in part or entirely, should it become threatened in the future. Any new construction shall be specifically designed and constructed such that it could be removed in the event of endangerment and the property owner shall agree to participate in any comprehensive plan adopted by the City to address coastal bluff recession and shoreline erosion problems in the City.
b. 
Minor accessory structures and improvements located at grade, including landscaping, shall be allowed to within five feet of the top edge of the coastal bluff. Precautions must be taken when placing structures close to the bluff edge to ensure that the integrity of the bluff is not threatened. For the purposes of the Coastal Bluff Overlay Zone, "minor accessory structures and improvements" are defined as those requiring no City approval or permit including a building or grading permit, and not attached to any principal or accessory structure which would require a permit. Grading for reasonable pedestrian access in and around a principal or accessory structure may be permitted by the City Engineer following review of a site specific soils report.
c. 
Essential public improvements providing coastal access, protecting natural resources, or providing for public safety, as reviewed and approved pursuant to subsection C, Development Processing and Approval, of this section, including but not limited to, walkways leading to approved public beach access facilities, open fences for safety or resource protection, public seating benches, lighting standards, and signs.
d. 
Drainage improvements within five feet of the top edge of coastal bluff as required to satisfy paragraph 5 of this subsection B.
2. 
With the following exceptions, no structure, facility, improvement or activity shall be allowed on the face or at the base of a coastal bluff. Exceptions are:
a. 
Public beach access facilities, as reviewed and approved pursuant to subsection C, Development Processing and Approval, of this section.
b. 
Preemptive measures, as defined, justified and approved pursuant to subsection C, Development Processing and Approval, of this section.
c. 
Landscape maintenance, as provided by paragraph 3 of this subsection B.
3. 
Except as a part of approved preemptive measures pursuant to subsection C of this section, no grading or scraping shall be allowed on a bluff face, nor shall naturally occurring drought tolerant vegetation be voluntarily removed from the bluff face. Removal of nonnative vegetation in order to enhance the stability of the bluff face shall be allowed provided that the vegetation removal does not result in a bluff devoid of erosion protective vegetation. In order to preserve the bluff face in its then existing condition as much as reasonably necessary to prevent erosion, planting, trimming, removal of vegetation and other landscape related maintenance is allowed when accomplished by hand methods (i.e., no mechanical devices, other than customary hand tools).
All proposed grading and fill shall comply with the City's Grading, Erosion and Sediment Control Ordinance, Chapter 23.24 of the Municipal Code.
4. 
Existing legal structures and facilities within 40 feet of a bluff edge or on the face of a bluff may remain unchanged. Interior remodeling of existing buildings that does not involve changes to the existing foundation is allowed, but no expansion of building square footage or addition of stories within the 40-foot area shall be allowed except as permitted pursuant to paragraph 1a of this subsection B. Routine maintenance of existing facilities is allowed.
5. 
With development of any new building or expansion of the floor area of an existing building, all drainage and runoff on the property shall be collected and delivered to approved drainage facilities. Unless otherwise approved by the Planning Commission following recommendations from the City Engineer, all drainage shall be diverted away from within five feet of the edge and face of the bluff. Drainage improvements provided shall include roof drains. Any existing drainage systems which deliver runoff to or over the edge of the bluff shall be removed.
6. 
Landscaping on beach bluff properties shall avoid the use of ice plant, and emphasize native and drought-tolerant plants in order to minimize irrigation requirements and reduce potential slide hazards due to over-watering. Landscaping materials shall be installed and maintained so as to assure that neither during growing stages nor upon reaching maturity will such materials obstruct views to and along the ocean and other scenic coastal areas from public vantage points. Irrigation shall be limited to hose bibs or water saving irrigation systems with automatic timers. No permanent irrigation system shall be permitted within 40 feet of the coastal bluff edge.
7. 
Buildings and other structures shall be sited, designed and constructed so as not to obstruct views to and along the ocean and other scenic coastal areas from public vantage points.
8. 
The design and exterior appearance of buildings and other structures visible from public vantage points shall be compatible with the scale and character of the surrounding development and protective of the natural scenic qualities of the bluffs.
9. 
The City shall develop and adopt a comprehensive plan, based on the Beach Bluff Erosion Technical Report (prepared by Zeiser Kling Consultants Inc., dated January 24, 1994), to address the coastal bluff recession and shoreline erosion problems in the City. If a comprehensive plan is not submitted to, reviewed and approved by the Coastal Commission as an amendment to the City's Local Coastal Program by November 17, 1996, then no additions or expansions to existing structures shall be permitted on coastal blufftop lots except for minor additions or expansions that comprise no greater than a 10% increase above the existing gross floor area or 250 square feet, whichever is greater, provided such additions/expansions are located at least 40 feet or more from the bluff edge, the addition/expansion is constructed in a manner so that it could be removed in its entirety, and the applicants agree to participate in any future comprehensive plan adopted by the City to address coastal bluff recession and shoreline erosion problems in the City. In addition, until such a comprehensive plan is approved by the City of Encinitas and the Coastal Commission as an amendment to the LCP, the City shall not permit the construction of seawalls, revetments, breakwaters, cribbing, or similar structures for coastal erosion except under circumstances where an existing principal structure is imminently threatened and, based on a thorough alternatives analysis, an emergency coastal development permit is issued and all emergency measures authorized by the emergency coastal permit are designed to eliminate or mitigate adverse impacts on local shoreline sand supply.
C. 
Development Processing and Approval. In addition to findings and processing requirements otherwise applicable, the following establishes specific processing and finding requirements for proposed development within the Coastal Bluff Overlay Zone. The Planning Commission shall be the authorized agency for reviewing and granting discretionary approvals for proposed development within the Coastal Bluff Overlay Zone. Recommendations to the Planning Commission shall come from staff and qualified City consultants.
1. 
Development and improvement in compliance with the development standards in subsection B, Development Standards, proposing no structure or facility on or within 40 feet of the top edge of the coastal bluff (except for minor accessory structures and improvements allowed pursuant to paragraph B1b of this section), and proposing no preemptive measure as defined below, shall be subject to the following: submittal and acceptance of a site-specific soils report and geotechnical review described by subsection D, Application Submittal Requirements, of this section. The authorized decision-making authority for the proposal shall make the findings required based on the soils report and geotechnical review for any project approval. A second story cantilevered portion of a structure which is demonstrated through standard engineering practices not to create an unnecessary surcharge load upon the bluff area may be permitted 20% beyond the top edge of bluff setback if a finding can be made by the authorized agency that no private or public views would be significantly impacted by the construction of the cantilevered portion of the structure.
2. 
Development proposing principal or accessory structures (other than minor accessory structures and improvements) closer than 40 feet but not closer than 25 feet from the top edge of the bluff, proposing any essential public improvement on or within 40 feet of the top edge of the bluff, and/or proposing any preemptive measure shall be subject to the following requirements. For purposes of the Coastal Bluff Overlay Zone, a "preemptive measure" is defined as any structure, device or facility necessary to strengthen a portion of the bluff and/or retard erosion when there is a demonstrated threat to a principal structure at the top of the bluff, as demonstrated in the required geotechnical report. A second story cantilevered portion of a structure which is demonstrated through standard engineering practices not to create an unnecessary surcharge load upon the bluff area may be permitted 20% beyond the top edge of bluff setback if a finding can be made by the authorized agency that no private or public views would be significantly impacted by the construction of the cantilevered portion of the structure.
a. 
Submittal and acceptance of a site-specific soils report and geotechnical report as required by subsection D, Application Submittal Requirements, of this section. Any approval by the Planning Commission or, on appeal*, by the City Council must be able to make the findings below for the proposal based on the soils and geotechnical report. (*See Chapter 1.12.)
b. 
When a preemptive measure is proposed, the following findings shall be made if the authorized agency determines to grant approval:
i. 
The proposed measure must be demonstrated in the soils and geotechnical report to be substantially effective for the intended purpose of bluff erosion/failure protection, within the specific setting of the development site's coastal bluffs. The report must analyze specific site proposed for development.
ii. 
The proposed measure must be necessary for the protection of a principal structure on the blufftop to which there is a demonstrated threat as substantiated by the site specific geotechnical report.
iii. 
The proposed measure will not directly or indirectly cause, promote or encourage bluff erosion or failure, either on site or for an adjacent property, within the site-specific setting as demonstrated in the soils and geotechnical report. Protection devices at the bluff base shall be designed so that additional erosion will not occur at the ends because of the device.
iv. 
The proposed measure in design and appearance must be found to be visually compatible with the character of the surrounding area; where feasible, to restore and enhance visual quality in visually degraded areas; and not cause a significant alteration of the natural character of the bluff face.
v. 
The proposed device/activity will not serve to unnecessarily restrict or reduce the existing beach width for use or access.
c. 
No preemptive measure at the base of the bluff or along the beach shall be approved until a comprehensive plan is adopted as Council policy for such preemptive treatment, for at least the corresponding contiguous portion of the coastal bluff. Preemptive measures approved thereafter shall be consistent with the adopted plan.
D. 
Application Submittal Requirements. Each application to the City for a permit or development approval for property under the Coastal Bluff Overlay Zone shall be accompanied by a soils report, and either a geotechnical review or geotechnical report as specified in subsection C, "Development Processing and Approval," of this section. Each review/report shall be prepared by a certified engineering geologist who has been prequalified as knowledgeable in City standards, coastal engineering and engineering geology. The review/report shall certify that the development proposed will have no adverse affect on the stability of the bluff, will not endanger life or property, and that any proposed structure or facility is expected to be reasonably safe from failure and erosion over its lifetime without having to propose any shore or bluff stabilization to protect the structure in the future. Each review/report shall consider, describe and analyze the following:
1. 
Cliff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site.
2. 
Historic, current and foreseeable cliffs erosion, including investigation or recorded land surveys and tax assessment records in addition to land use of historic maps and photographs where available and possible changes in shore configuration and sand transport.
3. 
Geologic conditions, including soil, sediment and rock types and characteristics in addition to structural features, such as bedding, joints and faults.
4. 
Evidence of past or potential landslide conditions, the implications of such conditions for the proposed development, and the potential effects of the development on landslide activity.
5. 
Impact of construction activity on the stability of the site and adjacent area.
6. 
Ground and surface water conditions and variations, including hydrologic changes caused by the development (e.g., introduction of irrigation water to the groundwater system; alterations in surface drainage).
7. 
Potential erodibility of site and mitigating measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design).
8. 
Effects of marine erosion on seacliffs and estimated rate of erosion at the base of the bluff fronting the subject site based on current and historical data.
9. 
Potential effects of seismic forces resulting from a maximum credible earthquake.
10. 
Any other factors that might affect slope stability.
11. 
Mitigation measures and alternative solutions for any potential impacts.
The report shall also express a professional opinion as to whether the project can be designed or located so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project. The report shall use a current acceptable engineering stability analysis method and shall also describe the degree of uncertainty of analytical results due to assumptions and unknowns. The degree of analysis required shall be appropriate to the degree of potential risk presented by the site and the proposed project.
In addition to the above, each geotechnical report shall include identification of the daylight line behind the top of the bluff established by a bluff slope failure plane analysis. This slope failure analysis shall be performed according to geotechnical engineering standards, and shall:
a. 
Cover all types of slope failure.
b. 
Demonstrate a safety factor against slope failure of 1.5.
c. 
Address a time period of analysis of 75 years.
Any newly proposed structure, other than a minor accessory structure or improvement, or a preemptive measure, which is proposed closer than 40 feet to the edge of the bluff shall be demonstrated to be behind the identified daylight line. Analysis methods alternate to a slope failure plane analysis which predict an equivalent level of safety may be proposed, and must be accepted in the City's review of the geotechnical report.
Finally, each geotechnical report for a project including a proposed preemptive measure shall address those points specified in subsection C of this section as well as the following:
a.
Maximum expected wave height, design wave height, design constraints and frequency of overtopping;
b.
Normal and maximum tidal ranges;
c.
Estimated erosion rate with and without the proposed preemptive measure;
d.
Percent of beach quality sand within the bluff;
e.
Effect of the proposed structure on adjoining properties;
f.
Potential/effect of scouring at base of proposed structure;
g.
Design life of structure/maintenance provisions;
h.
Alternatives to the project design. Project alternatives shall include, but not be limited to, no project, relocation/removal of threatened portions of or the entire home and beach nourishment;
i.
Construction area and technique of construction;
j.
Certification that the structure is designed to withstand storms comparable to the winter storms of 1982-83.
E. 
Temporary Emergency Protection Devices. Notwithstanding other regulations of the City, the City Manager or designee may permit the installation of temporary emergency protection/retention facilities (such as riprap, walls, erosion control devices, etc.) on or at the base of a coastal bluff if:
1. 
Enclosed or principal buildings at the top of an ocean bluff are threatened by a potential bluff failure/collapse.
2. 
The threat is imminent. A statement of a state-licensed engineer or engineering geologist establishing an imminent threat may be required if the City Engineer is not able to determine the imminent threat.
3. 
The minimum size of rock rip-rap when placed as a temporary protective barrier, shall be three tons. If recommended in writing by a certified engineering geologist, smaller filter rock may be permitted behind and beneath the armor rock rip-rap in order to further cushion the bluff against wave action and to assist in maintaining sand behind the barrier. For placement of rip-rap, a site plan showing the limits of rip-rap to the satisfaction of the City Engineer shall constitute a construction plan. Documentation shall be provided that the proposed temporary protection is the minimum necessary to address the emergency and to assure minimal encroachment onto the sandy beach area. In addition, construction access and staging plans shall be submitted which document that no public beach parking areas will be utilized for the interim storage of materials or equipment and that overnight storage of equipment of materials will not be permitted on the sandy beach.
4. 
Construction plans, prepared by a state-licensed civil engineer, are submitted to the City Engineer for review and approval, along with any supporting reports and design calculations as required by the City Engineer to verify the adequacy of the design.
5. 
A covenant is provided which includes an obligation by the property owner to the City that the property owner will comply with all coastal regulations and conditions imposed by the California Coastal Commission including submitting and processing an application in order to receive a grant of approval for a permanent protection facility as applicable under the Municipal Code and the California Coastal Act. The property owner shall execute the City's covenant prior to the installation of the protective facility, and submit it to the City Manager or designee together with the following:
a. 
The covenant must have attached as Attachment "A" a legal description of the ocean bluff property owned by the property owner.
b. 
The covenant must have attached as Attachment "B" a description of the proposed, protective retention barrier; the description must be to the reasonable satisfaction of the City Engineer.
c. 
When the property owner executes the covenant, the property owner's signature must be notarized.
d. 
Security shall be provided by the owner in the form of a cash deposit, letter of credit or other deposit reasonably acceptable to the City Engineer, in order to guarantee the removal of any debris on the public beach when the debris is reasonably related to coastal bluff failure or construction to repair a bluff failure. The amount of security shall be fixed by the City in order to provide funding for removal of the debris if the applicant or applicant's agents do not remove the debris from the public beach within a reasonable time.
e. 
Following the property owner's compliance with the above requirements, the City Manager or designee shall, in accordance with the authority granted to the City Manager by this chapter, authorize the property owner access rights across public property under the control of the City of Encinitas in order to construct the protective facility. When requesting access, the property owner shall submit an access plan showing approximate times of access, frequency of access and type of equipment which will need to access the site. The access plan shall be reviewed and approved by the designated official authorizing the access over public property.
f. 
The amount of the deposit required in paragraph 5d of this subsection E shall be equal to 25% of the estimated construction cost of the temporary facility. This amount can be reduced by the City Engineer based upon an estimate of the costs to remove the debris furnished to the City Engineer by the property owner's engineer or contractor. If the engineer's estimate is not readily available, the City Engineer may estimate the cost of improvements and debris removal based upon regional construction costs or other data.
g. 
The City Engineer may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the property owner; provided, however, that no such release shall be for an amount more than 25% of the total security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than 50% of the total security given for faithful performance until final completion and acceptance of the act or work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount less than that required to guarantee the completion of the act or work and any other obligation imposed by this chapter or the agreement to remove the debris; nor shall the City Engineer be obligated to make a partial release of security.
h. 
Upon the failure of the property owner to complete the removal of the debris on the public beaches within the time specified, the City Council may, upon notice in writing of not less than 10 days served upon the person responsible for the performance thereof, or upon notice in writing of not less than 20 days served by registered mail addressed to the last known address of such person, determine that the property owner is in default and may cause the improvement security, or such portion thereof as is necessary to complete the work or act and any other obligations of the property owner secured thereby, to be forfeited to the City.
i. 
Upon completion of all obligations of the property owner under the provisions of this subsection E, the City shall, upon request of property owner, cause to be recorded in the Office of the County Recorder the release of any covenants recorded against such property required by this section.
(Ord. 91-19; Ord. 92-31; Ord. 95-04; Ord. 95-21; Ord. 96-07; Ord. 2017-03)
A. 
Applicability. The Hillside/Inland Bluff Overlay Zone regulations shall apply to all areas within the Special Study Overlay Zone where site-specific analysis indicates that 10% or more of the area of a parcel of land exceeds 25% slope. The Planning Commission shall be the authorized agency for reviewing and granting discretionary approvals for proposed development within the Hillside/Inland Bluff Overlay Zone.
B. 
Development Standards.
1. 
For proposed projects within the Hillside/Inland Bluff Overlay Zone, a slope analysis shall be submitted by the applicant based upon a topographic map with contour intervals not exceeding two feet. This analysis will describe the following slope categories in acres and will also graphically depict the location of each category on the topographic map:
a. 
Less than 25% slope.
b. 
25 to 40% slope.
c. 
Greater than 40% slope.
2. 
Where development is proposed on slopes of greater than 25% grade, the following standards shall apply:
a. 
Slopes of greater than 25% grade shall be preserved in their natural state. Encroachment into slope areas, as specified below, shall be allowed when it is found that there is no feasible alternative siting or design which eliminates or substantially reduces the need for such construction or grading, and it has been found that the bulk and scale of the proposed structure has been minimized to the greatest extent feasible commensurate with preserving the physical slope characteristics of the site. An application proposing encroachment into slopes greater than 25% shall include, at a minimum, details as to the location of existing and future improvements, as well as the proposed building envelope for any future improvements, in order to enable the Planning Commission to assess bulk and scale. Complete architectural drawings are preferred. (Within the Coastal Zone and for purposes of this section, encroachment shall be defined as any area of greater than 25% slope in which the natural landform is altered by grading, construction, placement of structures or materials, removal of native vegetation, including clear-cutting for brush management purposes, or other operations which would render the area incapable of supporting native vegetation or being used as wildlife habitat due to the displacement required for the proposed building, accessory structures, paving or native vegetation clearance. Any encroachment shall be approved by the authorized agency and shall be a discretionary action based on the application.)
Percentage of Parcel in Slopes of Greater or Equal to 25% Grade
Maximum Encroachment in Areas of Slope Greater or Equal to 25% Grade
75% or less
10%
76 - 80%
12%
81 - 85%
14%
86 - 90%
16%
91 - 95%
18%
96 - 100%
20%
b. 
The following uses and/or development features shall be exempt from the encroachment limitations described above:
i. 
Public roadways identified in the Circulation Element of the City's General Plan.
ii. 
Public utility systems and system components.
iii. 
Where it is determined during the design review process that no less environmentally damaging alternative exists, local public or private streets and driveways which are necessary for access to the more developable portions of a site on slopes of less than 25% grade.
c. 
Where necessary to maintain a minimum development right (total disturbed area) on existing legal parcels, a deviation in the encroachment allowance of up to 20% of the entire parcel may be granted through the design review process.
3. 
Where structures and improvements are proposed within any areas of greater than 25% slope, a geological reconnaissance report shall also be submitted.
4. 
Where unstable conditions are indicated, but in the opinion of the City Engineer are not sufficiently defined in the geological reconnaissance report, a preliminary engineering geology report shall also be required. The preliminary engineering geology report shall include the results of subsurface investigations sufficient to identify the nature and magnitude of such unstable conditions; and shall identify alternative mitigation measures that may be needed.
5. 
No principal structure or improvement or portion thereof shall be placed or erected, and no grading shall be undertaken, within 25 feet of any point along an inland bluff edge. Minor accessory structures and improvements located at grade, including landscaping, shall be allowed to within five feet of the top edge of any hillside/inland bluff subject to these regulations. For purposes of these regulations, "minor accessory structures and improvements" are defined as those requiring no City approval or permit including a building or grading permit, and not attached to any principal or accessory structure which would require a permit. Precautions must be taken when placing structures close to the bluff edge to ensure that the integrity of the bluff is not threatened. Grading for reasonable access in and around a principal or accessory structure may be permitted by the City Engineer following review of a site specific soils report.
6. 
All slopes over 25% grade which remain undisturbed or which are restored or enhanced as a result of a development approval, shall be conserved as a condition of that approval through a deed restriction, open space easement, or other suitable device that will preclude any future development or grading of such slopes.
7. 
A second story cantilevered portion of a structure which is demonstrated through standard engineering practices not to create an unnecessary surcharge load upon the bluff area may be permitted 20% beyond the top edge of bluff setback if a finding can be made by the authorized agency that no private or public views would be significantly impacted by the construction of the cantilevered portion of the structure.
(Ord. 91-19; Ord. 92-31; Ord. 96-07; Ord. 2003-10; Ord. 2017-03)
A. 
Applicability. The Floodplain Overlay Zone regulations shall apply to all areas within the Special Study Overlay Zone where site-specific analysis of the characteristics of a parcel of land indicate the presence of a flood channel, floodplain, or wetland; and to all areas identified as flood channels and floodplains on maps published by the Federal Emergency Management Agency or the current City and County maps designating the floodway/floodplain areas.
B. 
Development Standards.
1. 
Floodway.
a. 
All floodway encroachments for transportation and utility crossings shall be offset by improvements or modifications to enable the passage of a 100-year frequency flood.
b. 
Channelization or other substantial alteration of rivers or streams shall be limited to the following:
i. 
Necessary water supply projects;
ii. 
Flood control projects where no feasible method of protecting existing public or private structures exists and where such protection is necessary for public safety or to protect existing development;
iii. 
Other development which has a primary element the improvement of fish and wildlife habitat.
c. 
Any development which involves the channelization or other substantial alteration of rivers or streams shall comply with all of the following:
i. 
Incorporate into the project design and mitigation measures, all relevant findings of hydrological studies for the watershed of the affected stream. Such findings include but are not limited to erosional characteristics, flow velocities, and sediment transport.
ii. 
Incorporate mitigation measures designed to assure that there will be no increase in the peak runoff rate from the developed site as compared to the greatest discharge that would occur from the existing undeveloped site as a result of the intensity of rainfall expected during a six-hour period once every 10 years.
iii. 
Minimize stream scour, avoid increases in and reduce, where feasible, the transport of stream sediment to downstream wetlands and other environmentally sensitive habitat areas. Acceptable techniques to control stream sediment include but are not limited to the planting of riparian vegetation in and near the stream.
iv. 
If channelization is determined to be necessary, the floodway of the stream shall accommodate 100-year floods. To the extent feasible, all artificial channels shall consist of natural bottoms and sides and be designed and sized to accommodate existing riparian vegetation. Such vegetation shall be maintained at specified levels compatible with the design capacity of the channel.
2. 
Floodplain. Within the 100-year floodplain, permanent structures, roads and other public improvements consistent with the Land Use Element will only be allowed if the applicant can demonstrate the following:
a. 
The development is capable of withstanding periodic flooding, and does not require the construction of flood protective works, including, but not limited to, artificial flood channels, revetments, and levees. Flood protection works may be permitted to protect new or existing roads which are identified in the Circulation Element.
b. 
Existing environmentally sensitive habitat areas will not be significantly adversely affected.
c. 
The development will not result in a net reduction of existing riparian habitat areas within the floodplain.
d. 
The design of the development incorporates the findings and recommendations of both a site specific area watershed hydrologic study in order that the development assures that there will be no increase in the peak runoff rate from the fully developed site as compared to the discharge that would be expected from the existing undeveloped site as a result of the most intense rainfall expected once every 10 years during a six-hour period; and neither significantly increases nor contributes to downstream bank erosion and sedimentation of wetlands, lagoons and other environmentally sensitive habitat areas.
e. 
There will be no significant adverse water quality impacts to downstream wetlands, lagoons and other environmentally sensitive habitat areas.
3. 
Wetlands.
a. 
Within the Coastal Zone, the diking, filling, or dredging of open coastal waters, estuaries, and lakes shall be permitted where there is no feasible less environmentally-damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects and shall be limited to the following newly permitted uses and activities:
i. 
Incidental public service projects.
ii. 
Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.
iii. 
Restoration purposes.
iv. 
Nature study, aquaculture, or other similar resources dependent activities.
b. 
In all areas, a buffer of 100 feet in width shall be maintained around all identified coastal lagoon wetland areas. A buffer of 100 feet in width shall be maintained around all other wetland areas, except riparian wetland areas which shall require a minimum 50-foot-wide buffer, unless the applicant demonstrates that a buffer of lesser width will protect the resources of the wetland, based on site-specific information. Such information shall include, but is not limited to, the type and size of the development and/or proposed mitigations (such as planting of vegetation or construction of fencing) which will also achieve the purposes of the buffer. The buffer shall be measured landward from the wetland. Maps and supplemental information submitted as part of the application shall be used to determine the specific boundaries of the wetland and buffer. The California Department of Fish and Game and the U.S. Fish and Wildlife Service, Army Corps of Engineers shall be consulted in such buffer determinations.
c. 
All buildings or other improvements proposed to be placed or erected, and all grading activities proposed to be undertaken adjacent to a wetland shall be located so as not to contribute to increased sediment loading of the wetland, cause disturbance to its habitat values, or otherwise impair the functional capacity of the wetland.
(Ord. 95-04; Ord. 97-17)
A. 
Applicability. The Cultural/Natural Resources Overlay Zone regulations shall apply to all areas within the Special Study Overlay Zone where site-specific analysis of a parcel of land indicates the presence of important man-made cultural and historic resources, and ecologically sensitive plant and animal habitats.
B. 
Cultural Resources.
1. 
For proposed projects which involve parcels containing an archaeological site(s), a survey by a qualified professional archaeologist shall be submitted by the project applicant to determine the site's significance and the need for project impact mitigation by preservation (open space easement), further study (excavation/salvage), or other methods.
2. 
For proposed projects which involve parcels containing historical sites and/or structures, a survey by a qualified professional historian shall be submitted by the project applicant to determine the site/structure's significance and the need for project impact mitigation by preservation, relocation, or other methods.
C. 
Biotic Resources. For proposed projects within the C/NRO zone which involve parcels containing ecologically sensitive plant and animal habitats, a survey by a qualified professional biologist shall be submitted by the project applicant to determine the significance of the habitats and the need for project impact mitigation by reservation, re-establishment, or other methods.
A. 
Applicability.
1. 
The Agricultural Overlay Zone regulations shall apply to all properties presently under a Williamson Act contract and described on the City map delineating the AGO zone.
2. 
The Agricultural Overlay Zone shall be removed from the properties subject to a Williamson Act contract by the City upon the expiration of that contract.
B. 
Development Standards.
1. 
No development other than that associated with the agricultural operation subject to the Williamson Act contract may occur within the AGO zone. This may include buildings and structures necessary to conduct the agricultural operation and dwelling units necessary to accommodate the owners and employees associated with that operation.
2. 
Where buildings, structures, and dwelling units are constructed, they shall conform to the setback and height requirements of the rural residential zones.
3. 
An open or landscaped buffer of at least 75 feet shall be provided along the boundary between all property subject to the AGO zone and properties not subject to the AGO zone.
A. 
The Public Facilities Overlay Zone is intended to identify the general areas where public uses and facilities such as schools, fire and police stations, and others will need to be located in the future.
B. 
The precise location of future public uses and facilities may not be known during initial planning stages; therefore, the PFO zone is not property-specific and the general future locations of these uses and facilities within the City will be identified with a "P" symbol on the City Zoning Map.
C. 
When the precise location for a particular public use/facility is determined the City will rezone the parcel(s) to public/semi-public and the associated "P" symbol will be removed from the Zoning Map.
A. 
Applicability. The Scenic/Visual Corridor Overlay Zone regulations shall apply to all properties within the scenic view corridor along scenic highways and adjacent to significant viewsheds and vista points as described in the visual resource sensitivity map of the Resource Management Element of the General Plan.
B. 
Development Standards. When development is proposed on any properties within the Scenic View Corridor Overlay Zone, consideration will be given to the overall visual impact of the proposed project and conditions or limitations on project bulk, mass, height, architectural design, grading, and other visual factors may be applied to design review approval and shall be applied to coastal development permit approval.
C. 
Historic Viewsheds. Potential historic viewsheds are defined on a case-by-case basis to ensure the preservation of resources which have been found to be of cultural or historic significance to the community. The Planning Commission shall be the authorized agency for reviewing and designing historic viewsheds via resolution, based on written descriptions, survey information, photos, maps or illustrations in accordance with General Plan Resource Management Element Policy 4.9.
(Ord. 2011-01)
A. 
Intent. The intent of the Southern El Camino Real Museum Overlay Zone is:
1. 
To allow museums subject to a major use permit, in a very limited portion of the RR-1 and R-3 zones that is characterized by a growing presence of institutional uses on a Circulation Element road.
2. 
To supplement the zone regulations applied to museums with additional standards and procedures that will both promote a satisfactory living environment on surrounding residential properties and facilitate museum activities.
3. 
To permit expanded artistic, scientific, cultural and historical activities for residents and visitors of both the City and region.
4. 
To provide limited opportunities for on-site ancillary housing for a caretaker or guest professional, and his or her family, in order to facilitate the goals of the museum.
B. 
Applicability. The Southern El Camino Real Museum Overlay Zone regulations shall apply to all properties identified accordingly on the City's Zoning Map.
C. 
Major Use Permit Required. A museum may be authorized in the Southern El Camino Real Museum Overlay Zone upon issuance of a major use permit as provided by the use permit procedures contained in Chapter 30.74.
D. 
Development Standards (Applicable on Issuance of a Major Use Permit). In addition to a development and design standards which otherwise apply, the following development standards shall apply to all properties within the Southern El Camino Real Museum Special Purpose Overlay. In case of conflict between the following standards and other standards, regulations and guidelines applicable to a given property, the more restrictive shall regulate.
1. 
Maximum Lot Coverage. 35% for buildings. Parking and other impervious surfaces exclusive of buildings shall not exceed 15%.
2. 
Maximum Building Height. Building heights up to 30 feet may be considered if it can be found that the portion of the building outside of the standard 22-foot envelope maintains some of the significant views enjoyed by residents of nearby properties, and that the building is compatible in bulk and mass with buildings on neighboring properties.
3. 
Residential Uses and Density. If the museum posses a residential component, not more than any one dwelling unit shall be constructed on the project site. Occupancy of the dwelling unit shall be limited to (i) a caretaker, and his or her family; or (ii) a professional of the arts or sciences, and his or her family, whose primary responsibility is to create or participate in the institution's exhibits and programs, and facilitate achievement of the museum's goals.
4. 
Accessory Commercial Uses. Accessory commercial retail sales shall only be permitted when such sales are related to the museum's exhibits and programs. The area devoted to commercial uses shall not exceed 10% of the museum's total floor area or 1,500 square feet, whichever is more restrictive. The authorized agency may reduce the percentage of floor area dedicated to commercial uses, limit the type of commercial use or entirely prohibit any commercial, depending on the characteristics of the project site and surrounding area.
5. 
Setbacks. Where the museum property is adjacent to a nonresidential use, museum structures shall generally conform to the applicable setbacks for the RR-1 and R-3 zones. Where the museum property is adjacent to a residential use, the setback shall be 50 feet from the property line. However, the authorized agency may decrease the setback standards adjacent to residential uses if it finds that a lesser setback is appropriate, based on the site-specific design.
6. 
On-Site Parking. One parking space per 500 square feet of gross floor area unless it is determined during the review of the project proposal that greater or fewer spaces are warranted. Modifications to the parking standard must be based on a parking study completed by a qualified traffic engineer. In addition to the parking spaces required for automobiles, suitable space shall be designated for bus loading and parking.
7. 
Off-Site Parking Management Plan. Where the parking demand would exceed the onsite parking supply, an off-site parking program shall be provided that accommodates guests/visitors during special events. The major use permit may limit the number of special events per year. The off-site parking management plan shall include both parking management and transportation program.
8. 
Other Standards. All other standards not established in this section will be determined through the major use permit.
E. 
Special Regulations. In addition to development and design regulations which otherwise apply, the following development regulations shall apply to all properties within the Southern El Camino Real Museum Special Purpose Overlay. In case of conflict between the following regulations and other standards, regulations and guidelines applicable to a given property, the more restrictive shall regulate.
1. 
Architectural Style, Building Materials, Signs and Landscape Design. The appearance of the developed site in terms of the arrangement, height, scale and architectural style of the buildings, location and design of parking areas, landscaping and other features shall be compatible with the character of the surrounding area. Architectural styles, building materials, signs and landscape designs that detract from the prevailing development character shall be avoided. Signs shall be constructed of natural materials such as wood and stone. Approval of any and all signs for the museum site must be a part of the major use permit.
2. 
Off-Site Directional Signage. One off-site directional sign shall be permitted subject to the following:
a. 
The placement of the directional sign shall be on private property and located at the nearest intersection of the local road that the museum fronts and the Circulation Element road.
b. 
The maximum height of the sign shall not exceed eight feet.
3. 
Traffic Study. A traffic study shall be submitted with the application. A professional transportation engineer must prepare the study according to City guidelines and standards. The following subjects must be evaluated in the study to the satisfaction of the City:
a. 
Impacts to intersection operations, including changes in levels of service.
b. 
Project-related and cumulative impacts to traffic load and capacity on affected streets, including changes in levels of service.
c. 
Potential for increasing street or intersection hazards.
d. 
Mitigation to reduce any identified traffic impacts to less than significant.
e. 
Any additional traffic issues identified by the City.
4. 
Noise. Amplification of music, human voices and other sources of sound are not permitted outside of the museum buildings. Sound from inside the building must otherwise be in compliance with the performance standards contained in Municipal Code Section 30.40.010.
5. 
Lighting. Exterior lighting shall be limited to security lighting, parking lot lighting, and lighting required for use of outside courtyards, decks, walkways and stairs. Outside courtyards, decks, walkways and stairs shall only be illuminated during evening events except for minimal lighting required for the safety and security. All lighting sources shall be shielded in such a manner that the light is directed away from streets and adjoining properties. Illuminators should be integrated within the architecture of the building to the extent possible. Freestanding lampposts in the parking lot shall be no taller than 18 feet. A lighting plan with performance standards, prepared to the satisfaction of the City, shall be submitted with the use permit application. Use of motion detection lighting is preferred to lights activated manually or by a timer. The performance standards and other relevant criteria identified in the lighting plan shall be incorporated into the major use permit.
6. 
Landscaping. Buildings, parking areas and outdoor areas shall be integrated with landscaping consistent with residential development. Landscaping, including plants, patios and decorative walls with plants, may be natural or designed for the site.
7. 
Grounds Rentals. Rental of the museum grounds for special private and public events is permitted in accordance with the Municipal Code standards for special events and the conditions of the major use permit.
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(Ord. 2001-08)