Chapter 30.51 — SETBACK SEAWALL PERMITS

Chapter 30.51 - SETBACK SEAWALL PERMITS[[3]]

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Note— This Chapter of the Municipal Code forms a portion of the City of Del Mar Local Coastal Program Implementing Ordinances. The regulations found within this Chapter are not subject to "relief" through the Del Mar Variance process. Exceptions to, or relief from, the requirements found within this Chapter are limited to those specified within the language of this Chapter or found within other Chapters of the Implementing Ordinances. Where there is a conflict between the language of this Chapter and other portions of the Del Mar Municipal Code, the language of this Chapter shall take precedence.

The Setback Seawall Permit Ordinance is established to regulate beach uses east of the Shoreline Protection Area line. It is the intent to encourage seawalls and other types of protective devices when needed, to be constructed landward (east) of the Shoreline Protection Area (SPA) line.

(Ord. No. 722)

30.51.020 - Development of Shoreline Protective Structures Landward of the Shoreline Protection Area Line.

Protective structures as defined in Chapter 30.50 may be developed on private property landward of the Shoreline Protection Area line, irrespective of any otherwise applicable setback requirements imposed by the Municipal Code. No variance shall be required for the same.

The review procedure for such an application shall be the same as specified in Chapter 30.50 for shoreline protective structures on or seaward of the Shoreline Protection Area line, except that the application shall note that the project is to be constructed landward of said line, and such applications shall be processed in the same manner, provided that such applications shall be reviewed by the Planning Commission.

Property owners shall have a right to construct protective structures on their private property landward of the Shoreline Protection Area line provided that the Planning Commission or City Council on appeal, finds that the proposed protective device:

A.

Is required to serve coastal-dependent uses or to protect existing principal structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts to local shoreline sand supply;

B.

Will minimize risks to life and property in areas of flood hazards;

C.

Will assure stability and structural integrity and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area, nor in any way substantially alter natural landforms along bluffs and cliffs;

D.

Is in conformity with the certified Local Coastal Program;

E.

Is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act;

F.

Will involve materials and a design that are consistent with good engineering practices;

Such permits shall be subject to such conditions as the Planning Commission may reasonably impose, including the following:

1.

Contain waivers, indemnification and hold harmless provisions as required at the time of approval.

2.

Contain such conditions the Planning Commission determines to be necessary to accomplish the purposes of Setback Seawall Permits.

3.

Be recorded in a manner to bind successors in interest.

Emergency protective structures may be installed landward of the Shoreline Protection Area line in conformance with the same procedures and criteria specified in Section 30.50 of the Municipal Code.

Protective structures approved landward of the Shoreline Protection Area line shall not be deemed to be nonconforming for any purposes under any other provision of the City's Community Plan, Zoning Ordinance, or Design Review Ordinance. The provisions of Chapter 30.50 with respect to such projects shall prevail and supersede any other provisions of the Municipal Code which would otherwise apply to such application.

(Ord. No. 571)