Santa Barbara Municipal Code Ch. 22.90 Construction Prohibited in the Vicinity of the Conejo Road Landslide

By reason of special geologic hazard, unstable soils condition, and lack of suitable support, new construction must be prohibited within the area known as the "Conejo Slide." A landslide that occurred in the vicinity of Conejo Road within the City of Santa Barbara revealed unstable conditions in the area depicted on the Map of the Conejo Slide Area adopted as part of this chapter. The area was the subject of a report (dated April, 1984) by Geotechnical Consultants, Inc. and has been under observation since. Three separate landslide masses were identified as being subject to special geologic hazard, designated as Slide Mass A, Slide Mass B, and Slide Mass C, all located within Slide Mass C on the Map of the Conejo Slide Area adopted as part of this chapter. The earth within the boundary of Slide Mass C is unstable; structures and other property on Slide Mass A, Slide Mass B, and Slide Mass C have been damaged because of that instability; and further damage to structures and property within the boundary of Slide Mass C is highly probable. Excessive groundwater has been identified as a major cause of instability. Septic tanks have contributed sewage effluent to that excessive groundwater. The provisions of this chapter are necessary to maintain the public safety and welfare and to protect against hazardous local geologic and soils conditions.

(Ord. 5030, 1997)

For the purposes of this title, the following words and phrases shall have the meanings indicated, unless the context or usage clearly requires a different meaning:

"Cesspool"

means an excavation in the ground which receives discharge from any sanitation plumbing facilities.

"Conejo Slide Drainage Area"

means the area within the boundary depicted on the map identified as the Map of the Conejo Slide Drainage Area adopted by Section 22.90.065 of this chapter.

"New Construction"

means any man-made change to improved or unimproved real property after June 11, 1991, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, which requires a building permit.

"Septic Tank"

means a structure for private treatment of sewage before disposal into a cesspool, seepage hole or leaching system.

"Slide Mass C"

means the landslide mass so described in the report by Geotechnical Consultants, Inc. (dated April, 1984) concerning geotechnical investigations of the Conejo Road Landslide, the boundary to which is depicted on the Map of the Conejo Slide Area adopted by Section 22.90.045 of this chapter.

(Ord. 5030, 1997)

A. All new construction is prohibited on the parcels which are located entirely or partially within the boundary of Slide Mass C, except as provided in this chapter. The existing parcels located entirely or partially within Slide Mass C are identified in Section 22.90.050, Parcels Within Slide Mass C.

B. It is unlawful to erect, produce, permit, maintain or keep any new construction on a parcel which is located entirely or partially within the boundary of Slide Mass C, in violation of the provisions of this chapter.

C. The following new construction is excepted from the prohibitions of this section:

1. Routine repairs and maintenance to residential structures and to road, drive, and utilities improvements,

2. Remodeling of the interior of an existing residential structure, and

3. Additions to an existing building which do not exceed 150 square feet of enclosed area during any 24-month period.

D. As used in this section, the term "new construction" shall not include the construction of a home on any legal parcel located entirely within Slide Mass C where the parcel contained a home which was destroyed by fire or other casualty after November 12, 2008.

(Ord. 5030, 1997; Ord. 5582, 2012)

A. The Chief of Building and Safety may approve, or approve with conditions, new construction on any portion of such affected parcels which is located at least 25 feet outside of the boundary of Slide Mass C, upon plans that incorporate the accepted findings and recommendations of a licensed engineering geologist, based upon adequate site investigations, borings, soil samples, laboratory tests and a review of all record data for the parcel and slide area, to the satisfaction of the Chief of Building and Safety and in compliance with all other applicable codes and regulations.

B. A preliminary evaluation of the engineering geologist for the suitability of improvements on such area shall be submitted for review by the Chief of Building and Safety before the preparation of plans pursuant to this section. The Chief of Building and Safety may employ expert peer review in reaching a decision as to whether to accept or reject the findings of the evaluation.

C. The decision of the Chief of Building and Safety may be appealed to the Building and Fire Code Board of Appeals, whose decisions shall be final.

D. Such approval may require submission and/or recording of a release and agreement, approved by the City Attorney, to indemnify the City, its officers and employees, from liability related to such new construction.

E. New construction in accordance with such approved plans shall not be unlawful under the provisions of this chapter.

F. Non-Habitable Improvements. Non-habitable building improvements may be constructed within 25 feet of the Slide Mass C boundary but not closer than 10 feet. For the purposes of this subsection, nonhabitable improvements shall include walkways, retaining and non-retaining walls, driveway paving, portable storage sheds, and other non-habitable improvements as deemed appropriate by the Chief Building Official. However, septic systems, building sewers, sewer laterals, water piping, and landscaping sprinklers remain prohibited when within the 25 feet of the boundary of Slide Mass C.

(Ord. 5030, 1997; Ord. 5522, 2010)

The Map of the Conejo Slide Area, as depicted in the Grover-Hollinsworth Geotechnical Report dated May 29, 2009, and depicting the parcels of real property that are located entirely or partially within the boundary of Slide Mass C of the Conejo Slide Area is hereby amended to be consistent with the boundaries described in above-referenced Report. The City Clerk and the Chief Building Official shall each keep a copy of the Map of the Conejo Slide Area and a full copy of the May 29, 2009, Grover-Hollinsworth Geotechnical Report on file as received by the City. A facsimile example of such map shall be reproduced and codified with this section as an exhibit to this section.

(Ord. 5030, 1997; Ord. 5522, 2010)

The parcels of real property that are entirely or partially within the Conejo Slide Area, Slide Mass C, are as follows:

(Ord. 5030, 1997)

No person shall construct or install a septic tank or increase the use of a septic tank on any parcel located entirely or partially within the Conejo Slide Drainage Area. Such parcels are identified in the listing of parcels adopted as Section 22.90.070 of this chapter, entitled "Parcels Within Conejo Slide Drainage Area."

(Ord. 5030, 1997)

The Map of the Conejo Slide Drainage Area, dated November 6, 1997 and depicting the limits of the Conejo Slide Drainage Area and the parcels located entirely or partially within the Conejo Slide Drainage Area, is hereby adopted. The City Clerk and the Chief of Building and Safety shall each keep a copy of the Map of the Conejo Slide Drainage Area on file as adopted. An example of such map shall be reproduced and codified with this section.

(Ord. 5030, 1997)

The parcels of real property that are either entirely or partially within the Conejo Slide Drainage Area are as follows:

(Ord. 5030, 1997)

Those residential structures identified in the report dated December 17, 2009, prepared by Frank J. Kenton for the City's Chief Building Official (hereinafter the "2009 Kenton Report"), which are listed as being appropriate for reconstruction, may be reconstructed by their owners in the manner consistent with the recommendations contained with the 2009 Kenton Report, including, specifically, the applicable construction recommendations contained in the Grover Hollinsworth and Associates, Inc., report dated May 29, 2009, both of which reports shall be on file with the City Clerk.

(Ord. 5522, 2010)