Part 9A — SLOPE REGULATIONS MODIFICATIONS (APPLIES IN THE COASTAL ZONE)

24.08.800a PURPOSE.

Slope regulation modifications may be permitted to allow for development in unique situations where mitigation measures achieve the purpose of provisions of Section 24.14.030a(1)(d), Slope regulations (in the Coastal Zone), and where strict compliance with Section 24.14.030a(1)(d) creates a particular physical hardship and where no reasonable alternative to the exception exists, and when the extent of the exception is minimized. This section is also part of the Local Coastal Implementation Plan.

(Ord. 2022-08 § 3, 2022; Ord. 2019-28 § 1 (part), 2020: Ord. 94-34 § 11, 1994: Ord. 94-33 § 19, 1994: Ord. 88-13 § 1, 1988: Ord. 85-05 § 1 (part), 1985. Formerly 24.08.800).

24.08.810a PROCEDURE.

Projects requiring an exception to slope standards established by Section 24.14.030a, except for statewide exemption accessory dwelling units as defined in Part 2 of Chapter 24.16, must apply for a slope modification per-

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24.08.820a

mit. This permit may be granted by the zoning administrator without a hearing if the project is no closer than ten feet from the top edge of a thirty percent slope and is consistent with the findings in Section 24.08.820a, unless the slope modification permit is accompanied by an application which must be heard by a higher body. Should a project be closer than ten feet to a thirty percent slope, then it must be considered at a public hearing by the zoning board as a variance which must also be consistent with the findings in Section 24.08.820a. (Ord. 2024-24 § 1, 2025; Ord. 2024-17 § 6, 2024; Ord. 2022-08 § 3, 2022; Ord. 2019-28 § 1 (part), 2020: Ord. 94-34 § 12, 1994: Ord. 85-05 § 1 (part), 1985. Formerly 24.08.810).

24.08.820a FINDINGS REQUIRED.

A slope modification permit may be granted when all of the following applicable conditions are found:

1. Measures have been included within the design of the project to mitigate impacts on environmental constraint areas identified in the Environmental Quality Element of the General Plan and the Local Coastal Program.

2. Landscaping of an appropriate type, size and quality is proposed to mitigate any adverse environmental effect.

3. Usable open space is proposed in an amount equal to that normally required.

4. To conform with existing land forms and topography, streets, buildings, and other manmade structures have been designed by a registered civil engineer or other qualified professional.

5. Adequate fire safety measures as required by the city fire department have been incorporated into the design of the proposed development, when located in a designated fire hazard area.

6. The proposed project employs architectural and design elements which in total serve

to reduce the mass and bulk of structures. Such elements may include:

a. Multiple floor levels which follow natural slopes;

• b. Multiple roof lines;

• c. Decks and balconies;

d. Foundation types such as poles, piles, or stepped levels which minimize cut and fill and need for retaining walls;

e. Fence lines, walls, and other features which blend with the terrain rather than strike off at an angle against it.

7. If a project proposed for construction is in a designated landslide area, before granting a modification to Section 24.14.030a(1)(d), findings must be made that mitigation measures necessary to fulfill the purpose of this part have been incorporated into project design, based on the project’s environmental review.

(Ord. 2024-17 § 7, 2024; Ord. 2022-08 § 3, 2022; Ord. 2019-28 § 1 (part), 2020: Ord. 9530 § 3, 1995: Ord. 94-34 § 13, 1994: Ord. 9433 § 20, 1994: Ord. 91-14 § 3, 1991: Ord. 8505 § 1 (part), 1985. Formerly 24.08.820).