Article 44 — Coastal Development Regulations

The purpose of this article is to establish coastal development regulations that address the variety of special conditions within the CZ District. The intent of these regulations is to:

(a)

Give priority to coastal-dependent commercial uses while at the same time providing sufficient neighborhood-serving commercial uses for local residents;

(b)

Protect scale and character of existing neighborhoods;

(c)

Protect sensitive coastal resources and environmentally sensitive habitat;

(d)

Ensure geotechnical suitability for all development;

(e)

Minimize alteration of the natural topography and major landforms;

(f)

Establish protection measures to minimize coastal bluff erosion and to stabilize the shoreline;

(g)

Maximize public access to and along the shoreline, while protecting the established rights of private property owners; and

(h)

Preserve and enhance coastal view corridors.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

Unless otherwise apparent from the context, certain words and phrases used this article are defined in Article 43, Coastal Combining District, Section 9-4.4302.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit in the CZ District and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to protect, maintain, enhance and restore the following types of environmentally sensitive habitat as identified in the LCP Land Use Plan:

(1)

San Francisco garter snake and its primary and secondary habitat, a species acknowledged as endangered by Federal and State policy; and

(2)

Wetlands.

(b)

Required survey. A habitat survey, prepared by a qualified biologist or botanist, may be required to determine the exact location of environmentally sensitive habitat areas and to recommend mitigation measures that minimize potential impacts to the habitat. This survey shall be submitted to and approved by the Director pursuant to Section 9-4.4304, Coastal Development Permit Procedures and Findings, for all new development that meets one or more of the following criteria:

(1)

The project site is located within an environmentally sensitive habitat area as documented in the LCP Land Use Plan, or through the Director's on-site investigation and review of resource information; or

(2)

The projected site is or may be located within 100 feet of an environmentally sensitive habitat area and/or has the potential to negatively impact the long-term maintenance of the habitat.

(c)

Survey contents. All habitat surveys shall include, at a minimum, the following information:

(1)

Survey methodology;

(2)

Location map and topographical site plan indicating all existing and proposed structures and roads;

(3)

Any rare and/or endangered plant and animal species, including the habitat envelope and the number of species observed;

(4)

Delineation of all wetlands, streams and water bodies;

(5)

Direct and indirect threats to habitat resulting from new development;

(6)

Delineation of the secondary habitat buffer area to be provided along the periphery of the primary habitat; and

(7)

Mitigation measures to reduce impacts and to allow for the long-term maintenance of environmentally sensitive habitats.

(d)

Development standards for San Francisco garter snake habitat and habitat buffer areas. The following minimum standards shall apply to new development within a San Francisco garter snake habitat area.

(1)

No new development shall be permitted within a recognized primary habitat area;

(2)

Limited new development may be permitted within a recognized habitat buffer area subject to the following standards:

(i)

Public access shall be limited to low-intensity recreational, scientific or educational uses, provided that it is strictly managed, controlled and confined to designated trails and paths;

(ii)

During breeding season, public access and construction activities shall be prohibited or controlled as recommended in the habitat survey;

(iii)

Habitat shall be protected and enhanced to facilitate propagation of the San Francisco garter snake;

(iv)

Alteration of the natural topography shall be minimized;

(v)

Runoff and sedimentation shall not adversely affect habitat areas;

(vi)

Alteration of landscaping shall be minimized unless the alteration is associated with restoration and enhancement of the habitat;

(vii)

Where required, necessary permits shall be obtained from the California Department of Fish and Game and/or the United States Fish and Wildlife Service;

(viii)

All portions of the buffer shall be protected pursuant to Section 9-4.4308, Permanent Environmental Protection;

(ix)

The location and extent of development shall result in maximum amount of contiguous open space adjacent to the habitat;

(x)

Potential impacts identified in the habitat survey shall be mitigated to a level of insignificance where feasible; and

(xi)

Mitigation measures identified in the habitat survey shall be made conditions of project approval where necessary to mitigate impacts.

(3)

In the event that new development is not possible because the size of the buffer has rendered the site undevelopable, the buffer may be reduced in width if it can be demonstrated that a narrower buffer is sufficient to protect the habitat and new development may be permitted subject to standards established in subsection (d)(2) above.

(e)

Development standards for wetlands and wetland buffer areas. The following minimum standards shall apply to a wetlands and wetlands habitat area.

(1)

No new development shall be permitted within a recognized wetlands habitat area;

(2)

Limited new development may be permitted within a recognized wetlands habitat buffer area subject to the following standards:

(i)

Wastewater shall not be discharged into any wetland without a permit from the California Regional Water Quality Control Board finding that such discharge improves the quality of the receiving water;

(ii)

All diking, dredging and filling activities shall comply with the provisions of the California Coastal Act, Sections 30233 and 30607.1;

(iii)

Dredge spoils shall not be deposited permanently in areas subject to tidal influence or in areas where public access would be adversely affected;

(iv)

Public access through wetlands shall be limited to low-intensity recreational, scientific or educational uses. Where public access is permitted, it shall be strictly managed, controlled and confined to designated trails and paths as a condition of project approval;

(v)

Alteration of the natural topography shall be minimized;

(vi)

Runoff and sedimentation shall not adversely affect habitat areas;

(vii)

Alteration of landscaping shall be minimized unless the alteration is associated with restoration and enhancement of wetlands;

(viii)

 Where required, a permit shall be obtained from the Army Corps of Engineers;

(ix)

New development adjacent to the buffer shall not reduce the biological productivity or water quality of the wetlands due to runoff, noise, thermal pollution or other disturbances;

(x)

All portions of the buffer shall be protected pursuant to Section 9-4.4308, Permanent Environmental Protection;

(xi)

Potential impacts identified in the habitat survey shall be mitigated to a level of insignificance where feasible; and

(xii)

Mitigation measures identified in the habitat survey shall be considered and made conditions of project approval where necessary to mitigate impacts.

(3)

In the event that new development is not possible because the size of the buffer has rendered the site undevelopable, the buffer may be reduced in width if it can be demonstrated that a narrower buffer is sufficient to protect the habitat and new development may be permitted subject to standards established in subsection (e)(2) above.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit in the CZ District and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to minimize risks to life, property, and the natural environment by ensuring geotechnical suitability for all development.

(b)

Required survey. A geotechnical survey, consistent with the City's Administrative Policy No. 34 and prepared by a registered geologist or geotechnical engineer, shall be submitted to the Director pursuant to Section 9-4.4304, Coastal Development Permit Procedures and Findings, for all new development located in the following settings:

(1)

Areas showing evidence of landslides or landslide potential;

(2)

Areas showing evidence of ground shaking or earth movement;

(3)

Within fifty (50′) feet of a coastal bluff;

(4)

On all slopes greater than fifteen (15%) percent; or

(5)

Within sand dune habitats.

(c)

Survey contents. All geotechnical surveys shall, at a minimum, include the following information:

(1)

Geologic conditions, including soil, sediment, and rock types, and characteristics and structural features such as bedding, joints and faults;

(2)

Evidence of past or potential landslide conditions and their implications for future development, as well as the potential effects of proposed development on landslide activity on-site and off-site;

(3)

Potential ground shaking and earth movement effects of seismic forces;

(4)

Net developable areas;

(5)

Commonly accepted geotechnical standards, including hazard setbacks; and

(6)

Mitigation measures demonstrating that potential risks could be reduced to acceptable levels.

(d)

Development standards. The following standards shall apply to new development in areas identified in Section 9-4.4404(b).

(1)

Except for drainage improvements or unless it can be demonstrated to the Director that no other buildable area exists on the parcel which would permit economically viable development, development shall be prohibited on slopes greater than thirty-five (35%) percent and prominent ridgelines, as defined in the LCP Land Use Plan.

(2)

Land divisions for purposes of development which create parcels whose only buildable areas exist on slopes greater than thirty-five (35%) percent or on prominent ridgelines shall be prohibited;

(3)

The density of new development shall be based on the net developable area, as established in the required geotechnical survey;

(4)

Where the net developable area of a legal lot existing prior to the effective date of this article is determined to be less than the minimum area per dwelling unit allowed in the underlying basic zone, one dwelling unit per parcel shall be permitted provided it complies with all geotechnical standards set forth in this section;

(5)

Consistent with the City's Seismic Safety and Safety Element, new development shall be set back from the coastal bluffs an adequate distance to accommodate a 100-year event, whether caused by seismic, geotechni-cal or storm conditions, unless such a setback renders the site undevelopable. In such case, the setback may be reduced to the minimum extent necessary to permit economically viable development of the site, provided a qualified geologist determines that there would be no threat to public safety and health;

(6)

Proposed access roads shall not significantly contribute to geologic instability, erosion or landslide potential;

(7)

Areas determined by the geotechnical study to be unsuitable for development shall be protected pursuant to Section 9-4.4308, Permanent Environmental Protection;

(8)

Potential impacts as identified in the geotechnical survey shall be mitigated to a level of insignificance; and

(9)

Mitigation measures identified in the geotechnical survey shall be considered and made conditions of project approval where necessary to mitigate impacts.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit and a grading permit in the CZ District, and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to minimize alteration of the natural topography and major landforms, to foster resource preservation, and to reduce hazards.

(b)

Required plan. A grading and drainage plan, prepared by a licensed landscape architect or engineer, shall be submitted to the Director pursuant to Section 9-4.4304, Coastal Development Permit Procedures and Findings.

(c)

Development standards. The following standards shall apply to new development.

(1)

The following standards shall apply during project construction:

(i)

Alteration of natural topography and removal of existing trees shall be minimized to the maximum extent feasible so as to maintain the natural surface drainage system;

(ii)

Existing vegetation designated to remain shall be protected by using temporary barriers during grading, construction or related activities;

(iii)

Cut-and-fill surfaces shall be stabilized by planting low maintenance, native groundcover and shrubs;

(iv)

Movement of heavy equipment and machinery shall be restricted to avoid unnecessary soil compaction;

(v)

Grading or operation of heavy equipment within the dripline of any existing tree designated to remain shall be prohibited;

(vi)

If recommended by a landscape architect or civil engineer, diversion channels shall be constructed at the top of the slope and at regular intervals along the slope to prevent water from accelerating down the slope and washing soil away;

(vii)

Topsoil from excavated areas shall be stockpiled for maximum reuse after construction is complete;

(viii)

 Removal of sands characteristic of the Pacifica shoreline shall be minimized;

(ix)

Temporary sediment control basins shall be constructed in areas where silt-type soils exist or where silt could enter a drainage channel during construction; and

(x)

Grading shall be conducted in an orderly and timely manner, subject to daily monitoring of wind and precipitation forecasts. During periods of excessive wind, grading shall cease and all grading sites shall be watered as is practically feasible.

(2)

The following standards shall apply to ensure long-term grading and drainage management of the project site:

(i)

Grading of environmentally sensitive habitat areas shall occur only when necessary to protect, maintain, enhance or restore the habitat;

(ii)

Areas of soil or landform disturbance shall be identified, and shall be revegetated with low maintenance, native groundcover and shrubs to reduce erosion potential;

(iii)

Subgrade drainage of all wet soils shall be discharged into natural surface drainage, where feasible;

(iv)

Adequate drainage facilities, including grease and silt traps where necessary to minimize pollutants entering runoff water, shall be provided;

(v)

Potential impacts as identified in the grading and drainage plan shall be mitigated to a level of insignificance; and

(vi)

Mitigation measures identified in the grading and drainage plan shall be considered and made conditions of project approval.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit in the CZ District and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to minimize erosion and to stabilize the shoreline in areas along the coastal bluff where ocean wave and tidal action create potentially hazardous or damaging conditions.

(b)

Required survey. A site stability survey, prepared by a qualified soils engineer or engineering geologist, shall be required for new development proposed on coastal bluffs.

(c)

Development standards. The following standards apply to all new development along the shoreline and on coastal bluffs.

(1)

Alteration of the shoreline, including diking, dredging, filling and placement or erection of a shoreline protection device, shall not be permitted unless the device has been designed to eliminate or mitigate adverse impacts on local shoreline sand supply and it is necessary to protect existing development or to serve coastal-dependent uses or public beaches in danger from erosion or unless, without such measures, the property at issue will be rendered undevelopable for any economically viable use;

(2)

Consistent with the City's Seismic Safety and Safety Element, new development which requires sea-walls as a mitigation measure or projects which would eventually require seawalls for the safety of the structures shall be prohibited, unless without such seawall the property will be rendered undevelopable for any economically viable use;

(3)

Required shoreline protection devices shall be designed and sited to consider and reflect:

(i)

Maximum expected wave height,

(ii)

Estimated frequency of overtopping,

(iii)

Normal and maximum tidal ranges,

(iv)

Projected erosion rates with and without a shoreline protection device,

(v)

Impact on adjoining properties,

(vi)

Design life of the device,

(vii)

Maintenance provisions, including methods and materials, and

(viii)

 Alternative methods of shoreline protection, including "no project";

(4)

The impact on beach scouring and sand replenishment shall be minimized;

(5)

Water runoff from beneath existing seawalls shall be minimized;

(6)

Existing unauthorized rubble or protective devices shall be removed prior to the approval of additional development in such areas; and

(7)

A geotechnical engineer shall certify that the shoreline protection device will withstand storms comparable to the major winter storms of 1982 and 1983 along the California coast.

(8)

The seawall shall be designed to minimize impacts upon existing lateral and vertical access and in any case shall not result in the blocking of an accessway. In cases where it is not possible to engineer a wall without blocking access, then appropriate mitigation measures shall be incorporated into the design. These measures can include a stairway over the seawall to provide continuous vertical access or a platform over the seawall to provide continuous lateral access.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

(a)

Intent. The provisions of this section shall apply to all new development requiring a coastal development permit in the CZ District and where public shoreline access is required in the Access Component of the LCP Land Use Plan, and shall be subject to the regulations found in Article 43, Coastal Zone Combining District. The intent of these provisions is to maximize public access to and along the shoreline, while protecting the established rights of private property owners.

(b)

Development standards. The following development standards shall apply to all required access provisions.

(1)

To provide separation between shoreline access and residential uses and to protect the privacy and security of residents and homes, any required access easements shall comply with the following setbacks, where feasible:

(i)

The inland edge of lateral shoreline trails shall be at least twenty-five (25′) feet from any occupied or proposed residence. However, in the event a twenty-five (25) foot access buffer will not provide adequate lateral public access in compliance with the access provisions of the Coastal Act or with the Access Component of the LCP Land Use Plan, a narrower access buffer may be required. In no event shall the lateral accessway extend any closer than ten (10′) feet from the residence in question; and

(ii)

The edge of vertical shoreline trails shall be at least ten (10′) feet from any existing or proposed residence.

(2)

Public shoreline access through environmentally sensitive habitat areas shall comply with the provisions established in Section 9-4.4403, Habitat Preservation and the California Coastal Act, Section 30212;

(3)

Public shoreline access improvements such as trails, ramps, railings, viewing areas, restrooms, and parking facilities shall be sited and designed to be accessible to people of limited mobility to the maximum extent feasible;

(4)

Public shoreline access improvements such as trails, stairs, ramps, railings, viewing areas, restrooms, and parking facilities shall be sited and designed to be compatible with the natural character of the shoreline;

(5)

Public shoreline access signage shall identify access location, destination areas, environmentally sensitive habitat, and hazardous conditions, and be compatible with the natural appearance and character of the shoreline by using appropriate color, size, form and material; and

(6)

Any required vertical trail easement shall be at least ten (10′) feet wide. Any required lateral access easement shall be at least twenty-five (25′) feet wide. However, in the event such an easement width would prohibit private use of the real property or render use or development of the site economically infeasible, a narrower access width may be required. In no event shall the lateral access width be less than ten (10′) feet.

(7)

With respect to lateral bluff top access, the easement shall be adjusted inland from the current bluff edge if it recedes inland, but in no event shall the trail be closer than ten (10′) feet to an occupied or proposed residence. Such an inland adjustment shall not occur in the event it would prohibit private use of a site or would render use or development of the site economically infeasible.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

(a)

Intent. The provisions of this section shall apply to all new development subject to a coastal development permit in the CZ District and within a coastal view corridor as designated in the LCP Land Use Plan. The intent of these provisions is to:

(1)

Protect public views toward and along the ocean and scenic areas;

(2)

Provide visual compatibility with the surrounding character; and

(3)

Restore and enhance visual quality in visually degraded areas.

(b)

Development standards. The following standards shall apply to new development within coastal view corridors.

(1)

Structures shall be sited in order to minimize alteration of natural topography and landforms, tree removal, and grading only to the extent necessary to construct buildings and access roads;

(2)

Structures shall be sited on the least visible area of the property and screened from public view using native vegetation, as feasible;

(3)

Structures shall incorporate natural materials and otherwise shall blend into the natural setting;

(4)

New development shall be consolidated or clustered within the slopes of the natural topography, as feasible;

(5)

Landscape screening and restoration shall be required to minimize the visual impact of new development; and

(6)

New utility and transmission lines shall be placed underground. Development of overhead lines will be considered only if such undergrounding is determined to be infeasible and is approved by the Planning Commission.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

All new development in the CZ District shall be subject to the growth management procedures set forth in the Pacifica Municipal Code, Title 9, Chapter 5, except where exempt pursuant to that chapter.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)

(a)

Purpose. The purpose of these regulations is to encourage the establishment of new visitor-serving commercial uses, thereby providing convenient and functional shopping and services for persons using the coastal zone while ensuring that nearby residents retain a range of services and retail uses which are not usurped by the incursion of non-neighborhood serving uses.

(b)

Applicability. The following regulations shall apply to all property zoned C-1, Neighborhood Commercial, and C-2, Community Commercial, which is located in the CZ District. These regulations shall not apply outside the CZ District.

(c)

Permitted uses. Visitor-serving commercial uses, as defined in Section 9-4.4302, shall be permitted, except as provided in subsection (e)(2) below. All other uses listed as permitted uses in Sections 9-4.1001, C-1 Neighborhood Commercial District, and 9-4.1101, C-2 Community Commercial District, shall require a use permit determination to ensure that the proposed use is consistent with the individual neighborhood narratives, the Plan Conclusions, and other relevant policies of the LCP Land Use Plan. The process for a use permit determination shall be as set forth in Section 9-4.1002(i).

(d)

Conditional uses. Uses specified as conditional uses in Sections 9-4.1001, C-1 Neighborhood Commercial District, and 9-4.1101, C-2 Community Commercial District, unless otherwise indicated in this article, shall be allowed subject to obtaining a use permit.

(e)

Development standards. The following development standards and limitations shall apply to all uses in the CZ District/C-1 Zone and the CZ District/C-2 Zone:

(1)

Applicable standards as set forth in Articles 10 and 11 of this chapter;

(2)

If the proposed visitor-serving commercial use will result in a mix of commercial uses that is not consistent with the provisions of the LCP Land Use Plan, such use may be conditionally permitted, subject to the following criteria:

(i)

The addition of the proposed use will not significantly alter the overall character of the small-scale, residentially oriented features of the neighborhood;

(ii)

The proposed use will not by itself serve to convert the predominant character of the area; and

(iii)

The proposed use will not present a barrier to the efficient functioning of the area as a neighborhood- serving shopping district.

(§ VI, Ord. 610-C.S., eff. March 16, 1994)