§ 30.52.060. Development Review.

A.

Unless otherwise exempted by this Title no building, improvement, structure, or portion thereof shall be erected, constructed, converted, established, altered or enlarged; nor shall any subdivision occur; nor shall any lot or premises be excavated or graded for any purpose [including, but not limited to, in-ground structures such as swimming pools or spas]; nor shall any lot be cleared of vegetation until a Conditional Use Permit and Coastal Development Permit are first obtained in accordance with the procedures set forth in this Code. Said Conditional Use Permit and Coastal Development Permit shall include, but not be limited to, provisions to ensure conformity with the development criteria applicable to the property as described in the Bluff, Slope and Canyon Element of the adopted Community Plan, as well as the following development criteria:

1.

Construction, grading, or other encroachment of any kind on substantial steep slopes exceeding 25 percent grade, or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be prohibited except where allowed in accordance with this Chapter.

a.

Encroachments within the areas specified above shall be allowed only when the Planning Commission finds that there is no feasible alternative siting which eliminates or substantially reduces the need for such construction or grading, and it is found that the amount of encroachment into steep slope areas associated with the proposed development has been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site.

b.

For purposes of this Section, "substantial steep slopes" shall mean: any areas of slopes with a gradient of 25 percent or greater on a site where the total elevation differential within such slope areas themselves is 20 feet or more, or where such slopes on a site adjoin contiguous slopes of 25 percent grade or greater on adjoining property and together involve an elevation differential of 20 feet or more. "Substantial steep slopes" shall include smaller, isolated pockets of area with less than 25 percent grade when surrounded by contiguous "substantial steep slopes" located either entirely or partially on site.

c.

For purposes of this Section, "encroachment" shall constitute any activity which involves grading, construction, placement of structures or materials, paving, or other operation which would render the area incapable of supporting native vegetation or being used as wildlife habitat. "Encroachment" shall also include the removal of native vegetation.

d.

Any and all encroachment into substantial steep slope areas, which is permitted pursuant to these findings, shall be limited in extent by the following steep slope encroachment standards. The maximum allowable encroachment into slope areas, as specified below, shall not be considered as a right but shall instead be allowed only when it has been determined, pursuant to these regulations, that there is no feasible alternative to slope encroachment.

Percentage of Project Site in Substantial Steep Slope Area	Maximum Allowable Encroachment Into Substantial Steep Slope Area
100% to 96%	20%
95% to 91%	18%
90% to 86%	16%
85% to 81%	14%
80% to 76%	12%
75% or less	10%

 

"Substantial steep slope areas" are those areas composed of slopes of a gradient of 25 percent or greater, as determined through the slope identification process prescribed in this Chapter.

2.

Projects located within the Bluff, Slope and Canyon Overlay Zone shall be conditioned to ensure that runoff from constructed impervious surfaces shall be discharged directly into publicly-owned discharge and drainage systems. In the event that no public discharge or drainage systems are in the immediate vicinity, the Planning Commission may approve alternate systems upon the recommendation of the City Engineer, if it is found that the proposed alternate system will produce no significant erosion. "Significant erosion" shall mean the likelihood of removal of soil or the cutting, scarring, or rilling of slopes, canyons, or bluff faces, or the silting of lower slopes brought about by runoff from the impervious surfaces during irrigation or from rainfall of an intensity and duration less than or equal to that of the 100-year period design storm. New development shall minimize the discharge of pollutants from urban runoff into surface water drainage, and maintain post-development peak runoff rate and average volume, at levels that are similar to pre-development levels, by implementing structural and non-structural Best Management Practices (BMPs) through an approved polluted runoff control plan.

3.

In order to minimize the disturbance of natural landforms and habitat, projects involving more than one dwelling unit shall be clustered, if determined practicable and desirable by the Planning Commission. "Clustering" in this context shall mean the siting of dwelling units in proximity to each other to maximize the amount of undeveloped open space. A clustered project within this overlay zone may disregard existing interior lot lines and is not bound to comply with the minimum lot size, width, depth and setback provisions of the underlying zone.

4.

Encroachment into substantial steep slope areas and slope setbacks shall be permitted for the construction of, or improvement to, public streets, alleys and public access paths upon a finding by the Planning Commission that such public improvement has been designed to preserve major trees, follow the natural contours of hillsides, and minimize the amount of cut and fill grading necessary to construct such roadway or path.

5.

Encroachment into substantial steep slope areas and steep slope setbacks shall be permitted for the construction of, or improvement to, public utility lines and lateral utility hookups upon a finding by the Planning Commission that such improvements have been designed a the minimum size necessary and that they have designed to follow the natural contours of hillsides so as to minimize the amount of soil disturbance commensurate with preserving the natural topography of the area.

(Ord. No. 582; Ord. No. 643; Ord. No. 685)