For purposes of this chapter the following definitions shall apply:

A. “Bluff or cliff” means the scarp or steep face of rock, decomposed rocks, sediment or soil resulting from erosion, faulting, folding or excavation of land mass and exceeding ten feet in height, and includes what we commonly know as “cliffs.”

B. “Floodplain” means the land on either side of the creek or other watercourse which may be subject to flooding, includes but is not necessarily limited to any one-hundred-year floodplain, as determined by the Federal Flood Insurance Program.

C. “Geological hazard” means a threat to life, property or public safety caused by geological or hydrological processes such as faulting and secondary seismic effects, including but not limited to: liquefaction, landsliding, erosion, flooding, tsunami, or storm wave inundation. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.010)

The regulations set forth in this chapter apply in all GH districts. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.020)

The GH district is designed to inform property owners and potential property owners of lands which are located in areas containing geological hazards, including, but not limited to, floodplains, fault zones, known landslide areas, bluffs, tsunami inundation areas, and high liquefaction areas. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.030)

Land classified GH shall also have a basic zoning classification as defined in Chapters 17.12 through 17.44. For example, R-1-GH means that the R-1 district regulations apply as well as the GH regulations. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.040)

The following are principal permitted uses in the GH district:

A. All uses permitted in the basic zoning district. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.050)

The following are accessory uses permitted in the GH district:

A. All accessory uses permitted in the basic zoning district. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.060)

The following are conditional uses in the GH district:

A. All conditional uses in the basic zoning district. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.070)

The development standards in the GH district shall be the same as the basic zoning district except in those instances when more restrictive standards are necessary to provide assurance that stability and structural integrity can be maintained for the economic life of the project (fifty years). (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.080)

In the GH district:

A. A geologic/engineering report shall be required for all developments located on a beach, including shoreline protective measures. “Shoreline protective measures” includes the installation, in an area where coastal processes operate, of any structure or material, including but not limited to riprap or a seawall, for the purpose of protecting a structure, road, utility or transmission line. Shoreline protection structures shall be permitted only when they are:

1. Necessary to protect existing development other than accessory structures; or

2. Necessary to protect public beaches in danger from erosion, and only if nonstructural solutions (i.e., artificial beach nourishment, relocation of structures) have proven to be infeasible; and

3. Designed so as to eliminate or mitigate adverse impacts on local shoreline sand supply, public access, marine habitats and paleontological resources; and

4. Designed to provide vertical access where feasible. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.090)

In the GH district:

A. Bluff and cliff top development shall be permitted only if the design and setback provisions are designed to assure stability and structural integrity for the expected life of the development (at least fifty years) and if the development (including storm runoff, foot traffic, grading and irrigation) will neither create nor contribute significantly to erosion problems or geological instability of the site or surrounding areas.

B. A geologic/engineering report shall be required for any blufftop or cliff development which is proposed within two hundred feet of the cliff edge. In specific areas of known geological stability or where adequate protective devices already exist, a lesser area of demonstration may be designated. The city may designate a greater area of demonstration or exclude development entirely in areas of known high instability. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 677 § 15(A), 1989; Ord. 628 § 2, 1987. Formerly 17.48.100)

In any area determined by the State Geologist, pursuant to Public Resources Code Section 2622, to be a special studies zone, a geologic/engineering report shall be required before any developmental permit may be issued. Nothing in this section shall diminish the duties of any person arising out of the Alquist-Priolo Special Studies Zone Act (Public Resources Code Section 2621 and following). (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.110)

Any development in the GH district which is proposed to be located within the one-hundred-year floodplain of Soquel Creek or Noble Creek shall be constructed so as to conform to the Federal Flood Insurance Program guidelines for development control. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.120)

In areas determined by the community development director, the public works director, the building inspector or the planning commission to have a landslide potential, a geologic/engineering report shall be required. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.130)

Any development in the GH district which is designed to be built on a slope in excess of thirty percent shall require a geologic/engineering report. The report shall include methods of achieving structural stability as well as any mitigation measures for preventing erosion. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 677 § 15(B), 1989; Ord. 628 § 2, 1987. Formerly 17.48.140)

The planning commission may require a geologic/engineering report in other areas of geologic hazards. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.150)

All geologic/engineering reports required by this chapter shall be prepared according to the guidelines for practice issued by the California Division of Mines and Geology, specifically, No. 37 Guidelines for Preparing Engineering Geological Reports and Coastal Commission Guidelines for Bluff Top Development. The required geological reports for all developments shall be prepared by a registered geologist or professional engineer with expertise in soils or foundations engineering, or by a certified engineering geologist. Because the city staff may not contain the expertise necessary to evaluate the adequacy of a report, the city may employ, at the applicant’s expense, an appropriate expert to evaluate the adequacy of the report. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.160)

Planning commission determination made pursuant to this chapter may be appealed to the city council as provided in Chapter 2.52. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.170)

A person who is acting as an agent for a seller of real property which is located within a GH district, or the seller if he or she is acting without an agent, shall disclose to any prospective purchaser the fact that the property is located within a GH district. The community development director may adopt methods of informing owners and real estate salespersons of this requirement. (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.180)

All geologic/engineering reports prepared in conjunction with an application to subdivide property shall be noted on the map as provided in Government Code Section 66434(f). (Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.190)