§ 23.04.118. Blufftop Setbacks.

New development or expansion of existing uses proposed to be located adjacent to a beach or coastal bluff shall be located in accordance with the setbacks provided by this section instead of those provided by Sections 23.04.110 or 23.04.112.

a.

Bluff retreat setback method: New development or expansion of existing uses on blufftops shall be designed and set back from the bluff edge a distance sufficient to assure stability and structural integrity and to withstand bluff erosion and wave action for a period of 75 years without construction of shoreline protection structures that would in the opinion of the Planning Director require substantial alterations to the natural landforms along bluffs and cliffs. A site stability evaluation report shall be prepared and submitted by a certified engineering geologist based upon an on-site evaluation that indicates that the bluff setback is adequate to allow for bluff erosion over the 75 year period according to County established standards. The report shall accompany the land use permit application, and shall contain the following information:

(1)

Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys and tax assessment records in addition to the use of historic maps and photographs, where available, and possible changes in shore configuration and sand transport.

(2)

Cliff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site and the proposed development.

(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)

Wave and tidal action, including effects of marine erosion on seacliffs.

(6)

Ground and surface water conditions and variations, including hydrologic changes caused by the development (e.g., introduction of sewage effluent and irrigation water to the groundwater system; alterations in surface drainage).

(7)

Potential effects of seismic forces resulting from a maximum credible earthquake.

(8)

Effects of the proposed development including sighting and design of structures, septic system, landscaping, drainage, and grading, and impacts of construction activity on the stability of the site and adjacent area.

(9)

Potential erodibility of the site and mitigation measures proposed to minimize erosion problems during and after construction. Such measures may include but are not limited to landscaping and drainage design.

(10)

The area of demonstration of stability shall include the base, face, and top of all bluffs and cliffs. The extent of the bluff top considered should include the area between the face of the bluff and a line described on the bluff top by the inter-section of a plane inclined a 20-1/4 degree angle from the horizontal passing through the toe of the bluff or cliff, or 50 feet inland from the edge of the cliff or bluff, whichever is greater.

(11)

Any other factors that may affect slope stability.

(12)

Additional information consistent with guidelines developed by the State Department of Conservation and other relevant agencies.

c.

Exceptions to bluff setback requirements: The minimum setback requirements of this section do not apply to the following:

(1)

Wood fences or hedges three feet or less in height above natural grade, and wire fences no higher than six feet located in the Agriculture or Rural Lands categories.

(2)

Landscaping, minor earthworks, steps or similar design elements (not including decks or other solid structures) placed directly on natural grade.

(3)

Roof and wall projections including cantilevered and projecting architectural features including chimneys, bay windows, balconies, cornices, eaves and rain gutters may project into the required setback a maximum of 30 inches.

[Amended 2004, Ord. 2999]