Description: <DIV STYLE="text-align:Left;"><DIV><DIV><P><SPAN>30.34.020 Coastal Bluff Overlay Zone.</SPAN></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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:</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>d. Drainage improvements within five feet of the top edge of coastal bluff as required to satisfy paragraph 5 of this subsection B.</SPAN></P><P><SPAN /></P><P><SPAN>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:</SPAN></P><P><SPAN /></P><P><SPAN>a. Public beach access facilities, as reviewed and approved pursuant to subsection C, Development Processing and Approval, of this section.</SPAN></P><P><SPAN /></P><P><SPAN>b. Preemptive measures, as defined, justified and approved pursuant to subsection C, Development Processing and Approval, of this section.</SPAN></P><P><SPAN /></P><P><SPAN>c. Landscape maintenance, as provided by paragraph 3 of this subsection B.</SPAN></P><P><SPAN /></P><P><SPAN>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).</SPAN></P><P><SPAN /></P><P><SPAN>All proposed grading and fill shall comply with the City’s Grading, Erosion and Sediment Control Ordinance, Chapter 23.24 of the Municipal Code.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.)</SPAN></P><P><SPAN /></P><P><SPAN>b. When a preemptive measure is proposed, the following findings shall be made if the authorized agency determines to grant approval:</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>v. The proposed device/activity will not serve to unnecessarily restrict or reduce the existing beach width for use or access.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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:</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>3. Geologic conditions, including soil, sediment and rock types and characteristics in addition to structural features, such as bedding, joints and faults.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>5. Impact of construction activity on the stability of the site and adjacent area.</SPAN></P><P><SPAN /></P><P><SPAN>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).</SPAN></P><P><SPAN /></P><P><SPAN>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).</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>9. Potential effects of seismic forces resulting from a maximum credible earthquake.</SPAN></P><P><SPAN /></P><P><SPAN>10. Any other factors that might affect slope stability.</SPAN></P><P><SPAN /></P><P><SPAN>11. Mitigation measures and alternative solutions for any potential impacts.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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:</SPAN></P><P><SPAN /></P><P><SPAN>a. Cover all types of slope failure.</SPAN></P><P><SPAN /></P><P><SPAN>b. Demonstrate a safety factor against slope failure of 1.5.</SPAN></P><P><SPAN /></P><P><SPAN>c. Address a time period of analysis of 75 years.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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:</SPAN></P><P><SPAN /></P><P><SPAN>a. Maximum expected wave height, design wave height, design constraints and frequency of overtopping;</SPAN></P><P><SPAN /></P><P><SPAN>b. Normal and maximum tidal ranges;</SPAN></P><P><SPAN /></P><P><SPAN>c. Estimated erosion rate with and without the proposed preemptive measure;</SPAN></P><P><SPAN /></P><P><SPAN>d. Percent of beach quality sand within the bluff;</SPAN></P><P><SPAN /></P><P><SPAN>e. Effect of the proposed structure on adjoining properties;</SPAN></P><P><SPAN /></P><P><SPAN>f. Potential/effect of scouring at base of proposed structure;</SPAN></P><P><SPAN /></P><P><SPAN>g. Design life of structure/maintenance provisions;</SPAN></P><P><SPAN /></P><P><SPAN>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;</SPAN></P><P><SPAN /></P><P><SPAN>i. Construction area and technique of construction;</SPAN></P><P><SPAN /></P><P><SPAN>j. Certification that the structure is designed to withstand storms comparable to the winter storms of 1982-83.</SPAN></P><P><SPAN /></P><P><SPAN>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:</SPAN></P><P><SPAN /></P><P><SPAN>1. Enclosed or principal buildings at the top of an ocean bluff are threatened by a potential bluff failure/collapse.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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:</SPAN></P><P><SPAN /></P><P><SPAN>a. The covenant must have attached as Attachment “A” a legal description of the ocean bluff property owned by the property owner.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>c. When the property owner executes the covenant, the property owner’s signature must be notarized.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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.</SPAN></P><P><SPAN /></P><P><SPAN>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)</SPAN></P></DIV></DIV></DIV>
Description: <DIV STYLE="text-align:Left;"><DIV><DIV><P><SPAN>Represents:</SPAN></P><P STYLE="margin:1 1 1 20;"><SPAN>Projects that demolish 50% or more of the exterior walls of an existing residence are considered new</SPAN></P><P STYLE="margin:1 1 1 20;"><SPAN>development and require a Coastal Development Permit</SPAN></P><P STYLE="margin:1 1 1 20;"><SPAN>-AND-</SPAN></P><P STYLE="margin:1 1 1 20;"><SPAN>Projects that increase the existing internal floor area of a residence by 10% or more or increase height</SPAN></P><P STYLE="margin:1 1 1 20;"><SPAN>of a residence by more than 10% Coastal Development Permit</SPAN></P><P><SPAN /></P></DIV></DIV></DIV>
Description: <DIV STYLE="text-align:Left;"><DIV><DIV><P><SPAN>Created from georeferencing the California Coastal Commission Technical Services Unit's "Post-LCP Certification Permit and Appeal Jurisdiction City of Encinitas" map from 2003. Updated information with wetlands layer from SanGIS accessed 8/17/2022. 100' added to these updated features.</SPAN></P></DIV></DIV></DIV>