The recommendations of the geologic hazards assessment, full geologic report, and/or the recommendations of other technical reports (if reviewed and accepted by the Planning Director), shall be incorporated into the project plans or included as permit conditions of any permit or approvals subsequently issued for the development. In addition, the requirements described below for specific geologic hazards shall become standard conditions for development, building and land division permits and approvals. No development, building and land division permits or approvals shall be issued, and no final maps or parcel maps shall be recorded, unless such activity is in compliance with the requirements of this section.
(A) General. If a project is not subject to geologic review because the structure is nonhabitable and is not otherwise considered to be development under this chapter, a declaration of restrictions for the nonhabitable structure shall be recorded on the property deed that includes an acknowledgment that any change of use to a habitable use, or physical conversion to habitable space, shall be subject to the provisions of this chapter.
(B) Notice and Acknowledgement of Hazards. The developer and/or subdivider of a parcel or parcels in an area of geologic hazards shall be required, as a condition of development approval and building permit approval, to record a notice of geologic/coastal hazards, acceptance of risk, liability release, and indemnification with the County Recorder. The notice shall be in a form approved by the County of Santa Cruz and shall include a description of the hazards on the parcel, and the level of geologic and/or geotechnical investigation conducted, and shall include acknowledgements and agreements, as applicable to the specific project.
(C) Fault Zones.
(1) Location. Development shall be located away from potentially hazardous areas as identified by the geologic hazards assessment or full geologic report.
(2) Setbacks. Habitable structures shall be set back a minimum of 50 feet from the edge of the area of fault induced offset and distortion of active and potentially active fault traces. This setback may be reduced to a minimum of 25 feet from the edge of this zone, based upon paleoseismic studies that include observation trenches. Reductions of the required setback may only occur when both the consulting professional geologist preparing the study and the County Geologist observe the trench and concur that the reduction is appropriate. Critical structures and facilities shall be set back a minimum of 100 feet from the edge of the area of fault induced offset and distortion of active and potentially active fault traces.
(3) Other Conditions. Other permit conditions, including but not limited to project redesign, elimination of building sites, and the delineation of development envelopes, building setbacks and foundation requirements, shall be required as deemed necessary by the Planning Director.
(D) Groundshaking.
(1) New Dams. Dams shall be constructed according to high seismic design standards of the Dam Safety Act and as specified by structural engineering studies.
(2) Public Facilities and Critical Structures and Facilities. All new public facilities and critical structures shall be designed to withstand the expected groundshaking during the design earthquake on the San Andreas Fault or San Gregorio Fault.
(3) Other Conditions. Other permit conditions including but not limited to structural and foundation requirements shall be required as deemed necessary by the Planning Director.
(E) Liquefaction Potential.
(1) Permit Conditions. Permit conditions including, but not limited to, project redesign, elimination of building sites, delineation of development envelopes and drainage and foundation requirements shall be required as deemed necessary by the Planning Director.
(F) Slope Stability.
(1) Location. All development activities shall be located away from potentially unstable areas as identified through the geologic hazards assessment, full engineering geologic report, soils (geotechnical) report or other environmental or technical assessment.
(2) Creation of New Parcels. Allow the creation of new parcels in areas with potential slope instability as identified through a geologic hazards assessment, full geologic report, soils (geotechnical) report or other environmental or technical assessment only under the following circumstances:
(a) New building sites, roadways, and driveways shall not be permitted on or across slopes exceeding 30 percent grade.
(b) A full engineering geologic report and any other appropriate technical report shall demonstrate that each proposed parcel contains at least one building site and access which are not subject to significant slope instability hazards, and that public utilities and facilities such as sewer, gas, electrical and water systems can be located and constructed to minimize potential for landslide damage and not cause a health or safety hazard.
(c) New building sites shall not be permitted which would require the construction of engineered protective structures such as retaining walls, diversion walls, debris walls or slough walls, or foundations designed to mitigate potential slope instability problems such as debris flows, slumps or other types of landslides.
(3) Drainage. Drainage plans designed to direct runoff away from unstable areas (as identified from the geologic hazards assessment or other technical report) shall be required. New drainage improvements shall not adversely affect slope stability and not increase the danger that any other property or public improvements will be impacted by potentially unstable slopes or landsliding. Drainage plans shall be completed by a professional engineer and reviewed by both the professional geologist (if required by the County Geologist) and other professional engineers as part of the design team. Such plans shall be reviewed and accepted by the County Geologist.
(4) Leach Fields. Septic leach fields shall not be permitted in areas subject to landsliding as identified through the geologic hazards assessment, environmental assessment, or full geologic report.
(5) Road and Driveway Reconstruction. Where washouts or landslides have occurred on public or private roads and driveways, road and driveway reconstruction shall meet the conditions of appropriate geologic, soils (geotechnical) and/or engineering reports and shall have adequate geologic, soils, and other engineering supervision and permits as required by the County Code.
(6) New Road and Driveway Construction. New roads and driveways shall be located away from potentially unstable areas as identified through the geologic hazards assessment, full engineering geologic report, soils (geotechnical) report or other environmental or technical assessment.
(7) Other Conditions. Other permit conditions including but not limited to project redesign, building site elimination and the development of building and septic system envelopes, building setbacks and foundation and drainage requirements shall be required as deemed necessary by the Planning Director.
(G) Floodplains. The provisions of Chapter 16.13 SCCC, Floodplain Management Regulations, shall apply to all development, as defined in that chapter, that is wholly within, partially within, or in contact with any flood hazard area, or other areas as identified by the Floodplain Administrator, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, replacement, repair, relocation or demolition of any building or structure; placement, installation, or replacement of manufactured homes; installation or replacement of tanks; placement of temporary structures and temporary storage; installation of swimming pools; and miscellaneous and utility structures.
(H) Coastal Bluffs and Beaches.
(1) Criteria in Areas Subject to Coastal Bluff Erosion. Projects in areas subject to coastal bluff erosion shall meet the following criteria:
(a) All development activities, including those which are cantilevered, and nonhabitable structures for which a building permit is required, shall be set back a minimum of 25 feet from the top edge of the bluff as the required geologic setback. A geologic setback greater than 25 feet may be required based on conditions on and adjoining the site. The geologic setback shall be sufficient to provide a stable site for the subject structure over the expected design life of the structure, as determined through geologic, geotechnical, hydrologic, or other engineering reports, unless a geologic setback exception is approved pursuant to SCCC §
16.10.100. The standard for a new or redeveloped residential or commercial structure is an expected design life of 75 years and for a critical structure or facility the expected design life is 100 years.
(b) Within a designated Shoreline Protection Exception Area or other area within the urban and rural services lines otherwise addressed by an adopted Shoreline Management Plan, the determination of the minimum geologic setback are allowed to and will take into consideration the effect of a proposed protection measure, such as shoreline or coastal bluff armoring structures, retaining walls, or deep piers if the armoring is consistent with the requirements of this chapter and allowed under the adopted Shoreline Management Plan.
(c) For all other areas within the urban and rural services lines, outside a designated Shoreline Protection Exception Area or other area addressed by an adopted Shoreline Management Plan, the calculation of the 75- or 100-year geologic setback, or reduced geologic setback requested under an exception procedure, is allowed to and will take into consideration the effect of legally established shoreline or coastal bluff armoring. However, armoring installed under an emergency coastal permit will not be factored into the setback calculation unless a regular coastal development permit is issued, and all conditions of the permit are met. In addition, technical reports prepared for sites within the urban and rural services lines should also include analysis based upon an alternative calculation of the 75- or 100-year setback that neglects any effect of an existing shoreline or coastal bluff armoring, in order to provide information and a measure of the effects of the existing protection measure on the site conditions.
(d) Outside the urban and rural services lines, the calculation of the 75- or 100-year geologic/coastal hazards setback shall not take into consideration the effect of any existing or proposed shoreline or coastal bluff armoring.
(e) Foundation replacement and/or foundation upgrades involving 50 percent or more of the existing foundation shall meet the 25-foot minimum or the 75- or 100-year geologic setback requirements. An exception to the setback requirement may be granted for existing structures that are wholly or partially within the setback if the property owner agrees to record a notice of geologic/coastal hazard prior to issuance of the building permit, and if the Planning Director determines that:
(i) The structure will be relocated to maximize the setback from the coastal bluff or shoreline; or
(ii) The structure cannot be relocated to meet the setback because of inadequate parcel size.
(f) Additions, including second story and cantilevered additions, which extend the existing structure in a seaward direction, shall comply with the minimum 25-foot and 75- or 100-year setback, unless an exception to the 75- or 100-year geologic setback is approved.
(g) Acceptance of drainage and landscape plans for the site by the County Geologist. Drainage plans shall be prepared by a professional engineer and reviewed by both the project professional geologist and other professional engineer when part of the design team to ensure consistency between other technical reports and project design.
(h) Service transmission lines and utility facilities are prohibited unless they are necessary to serve existing development or public facilities.
(i) New swimming pools, spas and similar in-ground and aboveground water recreation or fishpond types of features shall be located landward of the applicable geologic/coastal hazard setback. Any new water-containing features of this nature shall have double-wall construction with leak detection systems and drains to facilities and locations approved by the County.
(j) Accessory structures must include a condition of approval that requires the property owner and all successors in interest to remove the structure if the County Geologist, the Building Official or a professional engineer determines that the accessory structure is at risk of failure due to erosion, landslide or other form of bluff collapse or geologic/coastal hazard. In the event that portions of the development fall to the bluffs or ocean before they are removed/relocated, the landowner will remove all recoverable debris associated with the development from the bluffs and ocean and lawfully dispose of the material in an approved disposal site.
(k) All other required local, State and Federal permits shall be obtained.
(l) Beginning upon adoption of the 2020 Public Safety Element update and its certification by the California Coastal Commission, within the urban and rural services lines but outside of designated Shoreline Protection Exception Area(s), for structures on coastal bluffs and beaches the following limitations shall not be exceeded more than once prior to 2040 or prior to any substantial amendment of this section of this chapter, whichever is later. After the allowed new or major project, subsequent development shall be in accordance with subsection
(H)(1)(a) of this section. More strictly limit, or do not approve, new/replacement/reconstruction projects if structures on the site have been damaged by coastal processes.
(i) Modification, reconstruction or replacement of 50 percent or more of the major structural components—consisting of the foundation, floor framing, exterior wall framing, and roof framing—of an existing habitable structure, or modification, reconstruction or replacement of 50 percent of the major structural components of an existing critical structure or facility, as defined by this chapter.
(ii) The addition of habitable square footage to any structure, where the addition increases the habitable square footage by more than 50 percent over the existing habitable space. This allows a total increase of up to 50 percent of the original habitable space of a structure.
(2) Exemption.
(a) Any project which does not specifically require a building permit pursuant to SCCC §
12.10.315 (exempted work) is exempt from subsection
(H)(1) of this section, with the exception of: nonhabitable accessory structures that are located within the minimum 25-foot setback from the coastal bluff where there is space on the parcel to accommodate the structure outside of the setback, aboveground pools, water tanks, projects (including landscaping) which would unfavorably alter drainage patterns, and projects involving grading.
For the purposes of this section, "the unfavorable alteration of drainage" is defined as a change that would significantly increase or concentrate runoff over the bluff edge or significantly increase infiltration into the bluff, and "grading" is defined as any earthwork other than minor leveling, of the scale typically accomplished by hand, necessary to create beneficial drainage patterns or to install an allowed structure, that does not excavate into the face or base of the bluff.
Examples of projects which may qualify for this exemption include: decks which do not require a building permit and do not unfavorably alter drainage, play structures, showers (where runoff is controlled), benches, statues, landscape boulders, benches, and gazebos which do not require a building permit.
(b) If a structure that is constructed pursuant to this exemption subsequently becomes unstable due to erosion or slope instability, the threat to the exempted structure shall not qualify the parcel for a coastal bluff retaining structure or shoreline protection structure. If the exempted structure itself becomes a hazard it shall either be removed or relocated, rather than protected in place at the direction of the County.
(3) Shoreline and coastal bluff protection structures shall be governed by the following:
(a) New shoreline and coastal bluff protection structures requiring a coastal development permit shall only be allowed within the urban and rural services lines on parcels where both adjacent parcels are already similarly protected, or where necessary to protect existing structures from a significant threat, or on vacant parcels which, through lack of protection, threaten adjacent or nearby developed lots, or to protect public roads and infrastructure, critical facilities, public beaches, and coastal dependent uses.
Developments on and along beaches and coastal lagoons shall not be protected by new shoreline protection structures. New shoreline or coastal bluff armoring is not allowed outside the urban and rural services lines.
(b) New shoreline and coastal bluff protection structures shall not be allowed where the existing structure proposed for protection was granted an exemption pursuant to subsection
(H)(2) of this section.
(c) For sites located outside of a designated Shoreline Protection Exception Area, and unless authorized by an adopted Shoreline Management Plan, application for shoreline and coastal bluff protective structures shall include thorough analysis by a professional engineer or professional geologist of all reasonable alternatives to such structures, including but not limited to the following:
(i) Relocation or partial removal of the threatened structure;
(ii) Protection of the upper bluff and blufftop (including through planting appropriate native or noninvasive vegetation and removing invasive plant species, and better drainage controls) or the area immediately adjacent to the threatened structure;
(iii) Natural or "green" infrastructure (like vegetated beaches, dune systems, and wetlands);
(iv) Engineered shoreline or coastal bluff armoring (such as beach nourishment, revetments, or vertical walls);
(v) Other engineered systems to buffer coastal areas;
(vi) Combinations or hybrids of the above; and
(vii) Consistency with an approved Shoreline Management Plan, if applicable.
(d) Shoreline and coastal bluff protection measures requiring a coastal development permit may be approved within existing developed areas designated as Shoreline Protection Exception Areas, including projects that replace or modify existing measures in order to reduce and mitigate for impacts on coastal resources. Any new or replacement/redeveloped shoreline and coastal bluff protection structures shall be placed as close as possible to the coastal bluff or structure requiring protection and must be designed to minimize adverse impacts. Design considerations include but are not limited to the following:
(i) Minimize the footprint of the armoring on the beach;
(ii) Provide for public recreational access;
(iii) Provide for future access for maintenance of the armoring;
(iv) Strive for a continuous lateral pedestrian access as physically feasible;
(v) Minimize visual intrusion by using materials that blend with the color or natural materials in the area, contouring to match nearby landforms as much as possible, and using vegetation for screening;
(vi) Meet approved engineering standards and applicable County Code provisions for the site as determined through the coastal development, building, and grading permit process;
(vii) The design must be based on detailed technical studies to accurately define geologic, hydrologic and oceanographic conditions affecting the site;
(viii) Eliminate or mitigate adverse impacts on local shoreline sand supply; and
(ix) All armoring structures shall incorporate permanent survey monuments for future use in establishing a survey monument network along the coast for use in monitoring seaward encroachment or slumping of armoring and erosion trends.
(e) Unless the existing armoring is being appropriately maintained by a geologic hazard abatement district plan of control, or other joint maintenance agreement, for development activities protected by existing shoreline and coastal bluff armoring, the coastal permit application shall include:
(i) Reassessment of the need for the armoring;
(ii) A report on the need for any repair or maintenance of the device (see subsection
(H)(3)(k) of this section);
(iii) Evaluation of the stability and condition of the armoring and recommendations for maintenance, repair, or modification, and potential for removal based on changed conditions;
(iv) A report on changed geologic and hydrologic site conditions including but not limited to changes relative to sea level rise;
(v) Assessment of impacts to sand supply and public access and recreational resources;
(vi) Recommendation to avoid or mitigate impacts to sand supply and public access and recreational resources; and
(vii) If approved, such development associated with existing shoreline or coastal bluff armoring shall meet all the other applicable requirements of this policy, including with respect to the impact mitigation requirements, which may include payment of in-lieu fees.
(f) For proposed development activities involving a new structure or modification or addition to an existing structure protected by existing riprap, require that the applicant submit a report at the time of filing an application for a coastal development permit for development activities, including an evaluation of the stability and condition of the armoring and recommendations for maintenance, repair, or modification, and potential for removal based on changed conditions. The report shall include a recovery plan for the maintenance and repair and potential removal of all or a portion of the existing riprap revetment, to recover migrated riprap and to provide for least disturbance of the beach and shoreline while also functioning as necessary to protect the structures on and adjacent to the parcel. The recovery plan must incorporate best management practices for maintenance and repair to address potential impacts to sensitive species and environmental resources, as well as best management practices for construction during maintenance and repair activities.
(g) Proposed shoreline or coastal bluff armoring requiring a coastal development permit should be the least environmentally damaging feasible alternative to serve coastal dependent uses or to protect a structure or a public beach in danger from erosion:
(i) Unless located within a Shoreline Protection Exception Area or as consistent with an approved Shoreline Management Plan, hard armoring (such as seawalls and revetments, etc.) shall only be allowed within the urban and rural services lines if soft alternatives (such as managed retreat/relocation, beach nourishment, vegetative planting, and drainage control, etc.) are not feasible, or are not the least environmentally damaging feasible alternative;
(ii) Permit shoreline or coastal bluff armoring only if nonstructural measures are infeasible from an engineering standpoint or not economically viable;
(iii) Hard armoring by new shoreline and coastal bluff protection measures is not allowed on sites located outside of the urban and rural services lines; and
(iv) An approved Shoreline Management Plan or projects within a designated Shoreline Protection Exception Area may authorize hard armoring for identified sections of the coast.
(h) No coastal development permit application for shoreline or coastal bluff armoring shall be approved for the sole purpose of protecting an accessory structure.
(i) All proposed shoreline and coastal bluff armoring shall be sited and designed to eliminate or mitigate adverse impacts on coastal resources. All unavoidable coastal resource impacts shall be appropriately mitigated. Any approved new, replacement, reconstructed or redeveloped shoreline protection structure must not result in unmitigated impacts to coastal resources including:
(i) Reduced or restricted public beach access;
(ii) Adverse effects on shoreline processes and sand supply;
(iii) Increased erosion or flooding on adjacent properties; and
(iv) Adverse impacts on coastal visual or recreational resources, or harmful impacts on wildlife and fish habitats or archaeological or paleontological resources.
(j) Mitigation Programs. Require mitigation of unavoidable adverse impacts on coastal resources, including payment of in-lieu fees where on-site and/or in-kind options are not possible.
(k) All shoreline and coastal bluff armoring requiring a coastal development permit shall include a permanent, County-approved, monitoring, maintenance, and repair program. The program shall include, but is not limited to, the following elements:
(i) Monitoring by a professional engineer or geologist familiar and experienced with coastal structures and processes;
(ii) Report to the County upon completion of construction of the armoring and every five years or less thereafter, as determined by either the County Geologist or a qualified professional, for as long as the armoring remains authorized. Reports shall be reviewed and accepted by the County;
(iii) The report shall detail the condition of the structure and list any recommended maintenance and repair work;
(iv) The monitoring plan and periodic report shall address impacts to shoreline processes and beach width, public access, and availability of public trust lands for public use;
(v) The monitoring, maintenance and repair program shall be recorded on the title/deed of the property;
(vi) The program shall allow for County removal or repair of shoreline or coastal bluff armoring, at the owner's expense, if its condition creates a public nuisance or if necessary to protect the public health and safety;
(vii) The program shall include any other monitoring, maintenance, and repair activities the County determines necessary to avoid or mitigate impacts to coastal resources; and
(viii) The initial term of the monitoring, maintenance, and repair program shall be 20 years. Extension beyond 20 years will require an application to amend the conditions of approval of the coastal development permit to extend the monitoring, maintenance, and repair program at which time the program shall be updated if necessary, to address changed shoreline conditions, and may include additional and/or renewed requirements for mitigation of then-existing impacts of the project on coastal resources for the requested term of extension.
(l) Applications for shoreline or coastal bluff armoring shall include a construction and staging plan that minimizes disturbance to the beach, specifies the access and staging areas, and includes a construction schedule that limits presence on the beach, as much as possible, to periods of low visitor demand. The plan for repair projects shall include recovery of rock and other material that has been dislodged onto the beach.
(m) All other required local, State and Federal permits shall be obtained.
(n) Within a designated Shoreline Protection Exception Area new shoreline and coastal bluff protection structures shall be allowed on all parcels to protect existing structures, or on vacant parcels which, through lack of protection, threaten adjacent or nearby developed lots, or to protect public roads and infrastructure, public beaches, and coastal dependent uses subject to the following criteria:
(i) Compliance with all applicable provisions of this chapter; and
(ii) New protection structures shall follow the pattern in terms of engineering design, aesthetics, and public access established by the County projects to armor East Cliff Drive at Pleasure Point and the Hook. New protection structures may integrate existing protection materials or structures if approved by the County.
(o) For purposes of determining what repair and maintenance activities require a coastal development permit, use the following criteria found in Title
14, Section
13252, of the California Code of Regulations.
Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
(i) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;
(ii) The placement, whether temporary or permanent, of riprap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;
(iii) The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or
(iv) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.
(p) For purposes of this section the replacement of 50 percent or more of an existing shoreline or coastal bluff protection structure constitutes a new structure.
(4) Modification, Reconstruction, or Replacement of Damaged Structures on Coastal Bluffs. If structures located on or at the top of a coastal bluff are damaged as a result of coastal hazards, including slope instability and seismically induced landslides, and where the loss involves 50 percent or more of major structural components, allow repair (development activities) if all applicable regulations can be met, including the minimum 25-foot and the applicable 75- or 100- year geologic/coastal setbacks, or alternate setback authorized by an approved setback exception.
For structures involuntarily damaged by other than coastal hazards (fire, for example), where the loss involves 50 percent or more of the major structural components, allow repair in kind, but encourage relocation to increase the setback if feasible.
Allow other than in-kind reconstruction or replacement of involuntarily damaged structures in accordance with all applicable LCP policies and regulations.
Exemption: Public beach facilities and replacements consistent with Coastal Act Policy 30610(g).
(5) Reconstruction or Replacement of Damaged Structures Due to Storm Wave Inundation. If structures located in areas subject to storm wave inundation are damaged as a result of any cause and the loss meets or exceeds 50 percent of the value of the structure before the damage occurred (substantial damage), allow such repair (substantial improvement) only if all applicable regulations in Chapter 16.13 SCCC, Floodplain Management Regulations, and all applicable LCP policies can be met.
Exceptions: Public beach facilities and replacements.
(6) Coastal High Hazard Area Development Criteria. The provisions of Chapter 16.13 SCCC, Floodplain Management Regulations, shall apply to all development, as defined in that chapter, that is wholly within, partially within, or in contact with any coastal high hazard area, or other areas as identified by the Floodplain Administrator, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, replacement, repair, relocation or demolition of any building or structure; placement, installation, or replacement of manufactured homes; installation or replacement of tanks; placement of temporary structures and temporary storage; installation of swimming pools; and miscellaneous and utility structures.
(7) New and Expanded Critical Structures and Facilities. Construction of critical structures and facilities, including the expansion of existing critical structures and facilities, and nonessential public structures shall be located outside areas subject to coastal hazards; unless such facilities are necessary to serve existing uses, there is no other feasible location, and construction of these structures will not increase hazards to life and property within or adjacent to coastal inundation areas.
(8) Creation of New Parcels and Location of New Building Sites. New parcels or building sites created by minor land divisions, subdivisions or development approvals or permits, and multi-residential structures in coastal hazard areas shall conform to the following criteria:
(a) Demonstration by a full geologic report that each proposed building site on the parcel is not subject to any potential hazards and that each site meets the minimum setback given in subsection
(H)(1) of this section;
(b) Determination by the Planning Director based on the geologic report that the long-term stability and safety of the development does not depend on or require shoreline or coastal bluff armoring;
(c) The proposed development does not reduce or restrict public access and the proposed development does not require the construction of public facilities, structures, or utility transmission lines in coastal hazard areas or within the 25-foot or 75- or 100-year stability (whichever is greater) setback; and
(d) The developer and/or the subdivider of a parcel or parcels in an area subject to geologic hazards shall be required, as a condition of development approval and building permit approval, to record on the property title/deed a notice of geologic/coastal hazards, acceptance of risk, liability release, and indemnification with the County Recorder. The notice shall include a description of the hazards on the parcel and the level of geologic and/or geotechnical investigation conducted, and additional acknowledgements and agreements as applicable to the specific project.
(9) Removal Conditions/Development Duration. Development/development activities on private property located in areas subject to coastal hazards shall be conditioned to indicate that it may be required that improvements be removed, and the affected area restored if:
(a) The Building Official and/or the County Geologist has issued a final notice and order that the structure has become permanently unsafe to occupy due to bluff failure, erosion of the bluff, or coastal hazards;
(b) Essential services to the site can no longer feasibly be maintained (e.g., utilities, roads);
(c) Removal is required pursuant to implementation of an adopted Shoreline Management Plan; or
(d) As provided by conditions of approval for a permit that has been accepted and implemented by an owner of the property.
Such condition shall be recorded on a deed restriction against the subject property.
(10) Abatement of Unsafe Site or Structure. If coastal hazards result in an unsafe site or unsafe structure, dangerous conditions shall be abated in accordance with County regulations and notice and orders of the Chief Building Official. If all or any portion of improvements are deemed uninhabitable, the improvements shall be removed and the affected area restored, unless an alternative response is approved by the County of Santa Cruz, and by the California Coastal Commission if the project is within the Coastal Commission's primary jurisdiction. Alternative responses to coastal hazards may include (a) pursuit of a coastal development permit consistent with Chapter 13.20 SCCC (Coastal Zone Regulations) and this chapter (Geologic Hazards); and/or (b) pursuit of an alternative consistent with an adopted Shoreline Management Plan or plan of control of a geologic hazard abatement district.
(11) If the mean high tide line or the blufftop edge migrates to within 15 feet of a principal, habitable structure to a point where the site or structure is deemed potentially unsafe by County regulations and/or the County Geologist, Civil Engineer, or Chief Building Official, the property owner shall retain a professional engineer with experience in coastal processes and hazard response to prepare a geotechnical investigation and coastal hazards report (with input from a professional geologist, when required by civil engineering staff or the County Geologist) that addresses whether all or any portions of the residence and related development are threatened by coastal hazards, and that identifies actions that should be taken to ensure safe use and occupancy, which may include removal or relocation of all or portions of the threatened development and improvements, or other alternate responses. The property owner shall undertake activities to pursue an appropriate response in accordance with adopted and applicable County of Santa Cruz and California Coastal Commission regulations. The geotechnical investigation and coastal hazards report shall be submitted to the Executive Director of the California Coastal Commission, and to the Planning Director, Chief Building Official and County Geologist of Santa Cruz County. If the residence or any portion of the residence is proposed to be removed, the applicant shall submit a removal and restoration plan.
(12) If an appropriate government agency so orders, or as a result of the above-referenced geotechnical investigation and coastal hazards report, it is determined that any portion of the approved development must be removed due to coastal hazards, a removal and restoration plan shall be submitted to the County for review and approval. No removal activities shall commence until the removal and restoration plan and all other required plans and permits are approved. The plan shall specify that in the event that portions of the development fall to the bluffs or ocean before they are removed/relocated, the landowner will remove all recoverable debris associated with the development from the bluffs and ocean and lawfully dispose of the material in an approved disposal site. If it is determined that separate grading and coastal development permits are required in order to authorize the activities, the application shall be submitted as soon as immediately feasible, including all necessary supporting information to ensure it is complete. The removal and restoration plan shall clearly describe the manner in which such development is to be removed and the affected area restored so as to best protect coastal resources, and shall be implemented immediately upon County approval, or County approval of required permit applications, as may be required.
(13) Repetitive loss properties shall be subject to the requirements of subsection
(H)(5) of this section regarding damage due to flooding, storm wave impacts, and inundation. "Repetitive loss" means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.
(14) Other Conditions. Other permit conditions including, but not limited to, project redesign, building site elimination, delineation of building and septic system envelopes, building elevation, foundation requirements and drainage plans shall be required as deemed necessary by the Planning Director, or other decision-making body.
(Ord. 2088, 1975; Ord. 2185, 1975; Ord. 2258, 1976; Ord. 2580, 1978; Ord. 2631, 1978; Ord. 3340 § 1, 1982; Ord. 3437 §§ 2, 3, 4, 1983; Ord. 3598 § 1, 1984; Ord. 3635 § 2, 1985; Ord. 3808 § 3, 1986; Ord. 3892 § 3, 1988; Ord. 3997 §§ 3–8, 1989; Ord. 4071 §§ 1–4, 1990; Ord. 4346 § 66, 1994; Ord. 4518-C § 2, 1999; Ord. 4836 § 121, 2006; Ord. 5349 § 1, 2020)