Pismo Beach Municipal Code Ch. 17.32 Ocean Fronting Development

This chapter provides standards for proposed development and new land uses on parcels which border the ocean, where careful design and development practices are necessary to preserve significant coastline features, implement applicable provisions of the general plan/local coastal plan, and comply with the Coastal Act.

The provisions of this chapter apply to all development and new land uses proposed on parcels adjacent to the ocean. In the event of any perceived conflict between the provisions of this chapter and any other provision of this Zoning Code, this chapter shall control.

A. Prohibition on Development Needing Protection. Proposed development shall not be approved where the review authority determines that shoreline protective structures will be necessary to protect the new structures at the time of development, or within one hundred years of development.

B. Prohibition on New Access Stairways--Sunset Palisades. In compliance with General Plan Policy LU-A-11, no new public or private beach stairways shall be allowed within the Sunset Palisades planning area designated by the general plan. If existing stairways are removed, damaged, or destroyed, they shall not be repaired or replaced.

C. Public Structures. Stairs, retaining walls, fences, pipelines, and similar public or quasi-public facilities located on coastal bluffs shall require a conditional use permit in compliance with the general plan/local coastal plan.

Land use permit applications for development on ocean fronting parcels shall include the following information where applicable, in addition to all the information required by Section 17.40.040 (Application Preparation and Filing).

A. Erosion Control Plan. All land use permit applications for ocean fronting parcels shall include a site specific erosion control plan. The plan shall be prepared by a registered engineer qualified in hydrology and soil mechanics, and shall ensure that the development will not contribute to the erosion or failure of any bluff face, and will eliminate or mitigate any adverse impacts on local shoreline sand supply to the maximum extent feasible.

B. Geology Report. A geology report shall be required when structures are proposed within an area between the face of the bluff, and a line described on the blufftop by the intersection of a plane inclined at a twenty degree angle from horizontal, passing through the toe of the bluff or cliff, or 50 feet inland from the blufftop, whichever is greater. See Figure 3-6.

FIGURE 3-6 AREA WHERE GEOLOGY REPORT REQUIRED

[Figure]

C. Preparation and Contents of Geology Report. A required geology report shall be prepared by a qualified, licensed engineer approved by the city, and shall be submitted with the land use permit application for the proposed structure. The report shall consider, describe, and analyze the following:

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;

2. 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;

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 condition for the proposed development, and the potential effects of the development on landslide activity;

5. Impact of construction activity on the stability of the site and adjacent area;

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 to surface drainage, and the like);

7. Potential erodibility of the site and mitigation measures to be used to ensure minimized erosion problems before and after construction (i.e., landscape and drainage design);

• 8. Effects of marine erosion on seacliffs;
• 9. Potential effects of seismic forces resulting from a maximum credible earthquake; and
• 10. Any other factors that might affect slope or bluff stability.

A. Design. All development adjacent to coastal bluffs and beaches shall be sited and designed to reduce the visual impact of bulk and scale.

B. Height Limits. Height limits for structures on ocean fronting parcels are established by the primary zoning district (see Article II--Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) or, where applicable, the HL (Height Limitation) overlay zoning district, Section 17.14.040.

C. Setbacks. Development proposed on ocean fronting parcels shall comply with the setback requirements of the applicable primary zoning district established in Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), except where a side or rear lot line is adjacent to a coastal bluff, or where public access and/or recreational areas are required in compliance with Section 17.32.060 (Public Access). Proposed development shall be set back from the top of the bluff as provided by this subsection.

1. Bluff Retreat Setback Requirements. New structures shall be set back a sufficient distance from the bluff top to be safe from bluff erosion for a minimum of one hundred years as determined by a site-specific geology report, prepared in compliance with Section 17.32.040(B) (Application Content--Geology Report); provided that in no case shall the minimum setback be less than twenty-five feet.

2. Use of Bluff Retreat Setbacks. No development except public access pathways and existing stairways (see Section 17.32.030(B) - Prohibition on new access stairways) shall be permitted within the bluff retreat setbacks identified in site specific geologic reports, except for fences in the RSL zoning district, in compliance with Section 17.24.060(E).

3. Access and Recreational Area Setbacks. Additional blufftop setbacks may be required in compliance with general plan/local coastal plan policies in specific planning areas, to accommodate public access and recreational areas, in compliance with Section 17.32.060 (Public Access).

4. Boardwalk Setbacks. Structures adjacent to the boardwalk within the CD zoning districts shall comply with the special setback requirements and height limits established Section 17.12.050(B).

This section provides requirements for the dedication and improvement of public access to, and along the coast, in conjunction with proposed development and new land uses. The intent of this section is to assure public rights of access to the coast are protected as guaranteed by the California Constitution. Coastal access standards are also established by this section to satisfy the intent of the California Coastal Act.

A. Access Defined.

1. Lateral access: Provides for public access and use along the shoreline.

2. Vertical access: Provides access from the first public road to the shore, or perpendicular to the shore.

B. Protection of existing coastal access. Development may not interfere with public rights of access to the sea where such rights were acquired through use or legislative authorization. Public access rights may include but are not limited to the use of dry sand and rocky beaches to the first line of terrestrial vegetation.

C. Access Dedication Requirements. The review authority may require the dedications described in following subsections (C)(1) and (C)(2) upon making specific findings documenting the need for additional public access on and/or through the site, and the relationship of the required dedication to the impacts on existing access, or needs for additional access created by the project.

1. Lateral and Vertical Access. Proposed development and new land uses located between the ocean the first public road may be required to provide vertical (perpendicular) access from the public road to bluff and beach areas, and lateral access along the beach, shoreline and blufftops, in compliance with policies PR-22 through PR-33 of the parks, recreation and access element of the general plan/local coastal plan.

2. Sites Adjacent to the Boardwalk. Proposed projects on sites adjacent to the area intended for the Boardwalk may be required to comply with the following access requirements.

a. Lateral Access for Boardwalk. As a condition of approval, any development on any oceanfront parcel located between Pismo Creek and Main Street, may be required to dedicate a lateral access easement to allow public access, development and maintenance of the Boardwalk. The width of the easement shall generally be twenty feet, unless the size, shape or location of a parcel make this dedication infeasible or unnecessary. If special circumstances exist which would impose a unique hardship for a particular parcel, the commission may reduce the required width of the access easement to a minimum of ten feet.

b. Developer Construction of Boardwalk Improvements. Where the review authority determines that a land use permit application proposes substantial development along the area intended of the Boardwalk, land use permit approval may be subject to the condition that the developer construct and install boardwalk improvements of the segment located within or adjacent to the site. Projects determined to include only minor development may be permitted to pay in-lieu fees as provided by council resolution.

D. Permitted Development in Blufftop Access Areas. The development and use of blufftop access areas shall comply with policy PR-33 of the parks, recreation and access element of the general plan/local coastal plan.

E. Timing of Access Requirements. The type and extent of access to be dedicated, and/or constructed and maintained, as well as the method by which its continuing availability for public use is to be guaranteed, shall be established at the time of land use permit approval, as provided by this section.

1. Dedication. Shall occur before issuance of construction permits or the start of any construction activity not requiring a permit.

2. Construction of Improvements. Shall occur at the same time as construction of the approved development, unless another time is established through conditions of land use permit approval.

3. Interference with Public Use Prohibited. Following an offer to dedicate public access pursuant to this section; the property owner shall not interfere with use by the public of the areas subject to the offer before and after acceptance by the responsible entity.

F. Access Title and Guarantee. Where public coastal accessways are required by this section, approval of a land division, or land use permit for new development shall require guarantee of such access through deed restriction, or dedication of right-of-way or easement. Before approval of a land use permit or land division, the method and form of such access guarantee shall be approved by city attorney, and shall be recorded in the office of the County Recorder, identifying the precise location and area to be set aside for public access. The method of access guarantee shall be chosen according to the following criteria:

1. Deed Restriction. Shall be used only where an owner, association or corporation agrees to assume responsibility for maintenance of and liability for the public access area, subject to approval by the planning director.

2. Grant of Fee Interest or Easement: Shall be used when a public agency or private organization approved by the planning director is willing to assume ownership, maintenance and liability for the access.

3. Offer of Dedication. Shall be used when no public agency, private organization or individual is willing to accept fee interest or easement for accessway maintenance and liability. Such offers shall not be accepted until maintenance responsibility and liability is established.

A. Erosion Control. Proposed blufftop development shall be designed and constructed to incorporate appropriate erosion control measures, in compliance with the city's grading standards (Chapter 15.16 of the Municipal Code), and the Erosion Control Handbook in Appendix 2 of the general plan/local coastal plan.

B. Drainage Devices. Drainage devices extending over the bluff face shall not be permitted if the property can be drained away from the bluff face. All new drainage structures shall be constructed so that drainage water will not spill over or onto the bluff face. Drain pipes shall be allowed only where no other less environmentally damaging drain system is feasible, and drain pipes are designed and placed to minimize impacts to the bluff face, toe of bluff, and beach.

C. Shoreline Protective Structures. Shoreline protective structures including sea walls, revetments, groins, breakwaters, and rip-rap may be allowed with conditional use permit approval, only when the review authority determines that the structure is:

1. Necessary to protect existing structures, coastal-dependent uses, public beaches and parks in danger of erosion;

2. The least environmentally damaging feasible alternative;

3. Designed to successfully eliminate or mitigate adverse impacts on local shoreline and sand supply;

4. Designed to avoid significant rocky points and intertidal or subtidal areas;

5. Designed to provide lateral beach access, where feasible;

6. Designed to respect natural land forms and minimize visual impact to the extent possible, through means including the use of visually compatible colors and materials; and

7. Consistent with policy CO-17 of the conservation and open space element of the general plan/local coastal plan.

D. Structures on Sandy Beach. No permanent structures shall be permitted on the dry sandy beach except facilities necessary for public health and safety, including lifeguard towers, the pier and boardwalk.

E. Offshore Oil Operations. Offshore oil drilling or any other activity that may endanger the Pismo Clam, or the recreational value of the beach, shall be prohibited within the city's jurisdiction, and discouraged in adjacent outside ocean areas.

F. Sand Mining. Offshore sand mining shall be prohibited within the city's jurisdiction.