A.

The BSC Overlay Zone is designed to protect the health, safety, and general welfare, and to control the development of properties within the designated zone in order to preserve the scenic sandstone bluffs and related canyons and steep slopes which characterize the area within the zone. The overlay zone is also intended to protect downstream resources from the adverse impacts of erosion and sedimentation. The unique landforms within the zone provide visual relief and diversity within the City, and they define and separate neighborhoods, enhance the overall quality of Del Mar's local coastal environment, and preserve the economic integrity of our visitor-oriented community.

B.

Bluff, Slope and Canyon (BSC) Overlay Zone is further designed to carry out the applicable goals, objectives, and policies of the Community Plan including, but not limited to, the applicable element of the Del Mar Community Plan's Bluff, Slope and Canyon Precise Plan.

(Ord. No. 722)

Property within the BSC Overlay Zone shall be designated by ordinance to be depicted upon the City Zone Map.

Unless specified herein, allowable uses in the BSC Overlay Zone shall be those uses and accessory uses allowed by the underlying zone, subject to the regulations and restrictions of the underlying zone and of this Chapter.

See Underlying Zone.

See Chapter 30.80.

A.

Unless otherwise exempted by this Title no building, improvement, structure, or portion thereof shall be erected, constructed, converted, established, altered or enlarged; nor shall any subdivision occur; nor shall any lot or premises be excavated or graded for any purpose [including, but not limited to, in-ground structures such as swimming pools or spas]; nor shall any lot be cleared of vegetation until a Conditional Use Permit and Coastal Development Permit are first obtained in accordance with the procedures set forth in this Code. Said Conditional Use Permit and Coastal Development Permit shall include, but not be limited to, provisions to ensure conformity with the development criteria applicable to the property as described in the Bluff, Slope and Canyon Element of the adopted Community Plan, as well as the following development criteria:

1.

Construction, grading, or other encroachment of any kind on substantial steep slopes exceeding 25 percent grade, or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be prohibited except where allowed in accordance with this Chapter.

a.

Encroachments within the areas specified above shall be allowed only when the Planning Commission finds that there is no feasible alternative siting which eliminates or substantially reduces the need for such construction or grading, and it is found that the amount of encroachment into steep slope areas associated with the proposed development has been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site.

b.

For purposes of this Section, "substantial steep slopes" shall mean: any areas of slopes with a gradient of 25 percent or greater on a site where the total elevation differential within such slope areas themselves is 20 feet or more, or where such slopes on a site adjoin contiguous slopes of 25 percent grade or greater on adjoining property and together involve an elevation differential of 20 feet or more. "Substantial steep slopes" shall include smaller, isolated pockets of area with less than 25 percent grade when surrounded by contiguous "substantial steep slopes" located either entirely or partially on-site.

c.

For purposes of this Section, "encroachment" shall constitute any activity which involves grading, construction, placement of structures or materials, paving, or other operation which would render the area incapable of supporting native vegetation or being used as wildlife habitat. "Encroachment" shall also include the removal of native vegetation.

d.

Any and all encroachment into substantial steep slope areas, which is permitted pursuant to these findings, shall be limited in extent by the following steep slope encroachment standards. The maximum allowable encroachment into slope areas, as specified below, shall not be considered as a right but shall instead be allowed only when it has been determined, pursuant to these regulations, that there is no feasible alternative to slope encroachment.

"Substantial steep slope areas" are those areas composed of slopes of a gradient of 25 percent or greater, as determined through the slope identification process prescribed in this Chapter.

2.

Projects located within the Bluff, Slope and Canyon Overlay Zone shall be conditioned to ensure that runoff from constructed impervious surfaces shall be discharged directly into publicly-owned discharge and drainage systems. In the event that no public discharge or drainage systems are in the immediate vicinity, the Planning Commission may approve alternate systems upon the recommendation of the City Engineer, if it is found that the proposed alternate system will produce no significant erosion. "Significant erosion" shall mean the likelihood of removal of soil or the cutting, scarring, or rilling of slopes, canyons, or bluff faces, or the silting of lower slopes brought about by runoff from the impervious surfaces during irrigation or from rainfall of an intensity and duration less than or equal to that of the 100-year period design storm. New development shall minimize the discharge of pollutants from urban runoff into surface water drainage, and maintain post-development peak runoff rate and average volume, at levels that are similar to pre-development levels, by implementing structural and non-structural Best Management Practices (BMPs) through an approved polluted runoff control plan.

3.

In order to minimize the disturbance of natural landforms and habitat, projects involving more than one dwelling unit shall be clustered, if determined practicable and desirable by the Planning Commission. "Clustering" in this context shall mean the siting of dwelling units in proximity to each other to maximize the amount of undeveloped open space. A clustered project within this overlay zone may disregard existing interior lot lines and is not bound to comply with the minimum lot size, width, depth and setback provisions of the underlying zone.

4.

Encroachment into substantial steep slope areas and slope setbacks shall be permitted for the construction of, or improvement to, public streets, alleys and public access paths upon a finding by the Planning Commission that such public improvement has been designed to preserve major trees, follow the natural contours of hillsides, and minimize the amount of cut and fill grading necessary to construct such roadway or path.

5.

Encroachment into substantial steep slope areas and steep slope setbacks shall be permitted for the construction of, or improvement to, public utility lines and lateral utility hookups upon a finding by the Planning Commission that such improvements have been designed a the minimum size necessary and that they have designed to follow the natural contours of hillsides so as to minimize the amount of soil disturbance commensurate with preserving the natural topography of the area.

(Ord. No. 582; Ord. No. 643; Ord. No. 685)

A.

Unless otherwise required pursuant to the provisions of this Title, the following projects and activities shall not be subject to the receipt of a Conditional Use Permit provided that the Director of Planning and Community Development has issued a determination that project will meet the criteria specified in Subsection 30.52.060.A:

1.

Construction or grading which maintains a minimum setback of twenty feet of the top and ten feet of the bottom of substantial steep slopes exceeding 25 percent, or the construction of a structure which does not overhang such steep slope or steep slope setback in accordance with development criteria applicable to the property as described in Subsection 30.52.060.A.1. Setback certification from the top and bottom of substantial steep slopes for all new construction and overhangs shall be performed by a licensed surveyor or engineer as part of the development review process for any project located within the Bluff, Slope, and Canyon Overlay Zone.

2.

The installation of private drainage systems, provided that such systems are designed to discharge runoff from constructed impervious surfaces directly into publicly-owned discharge and drainage systems in accordance with development criteria applicable to the property as described in Subsection 30.52.060.A.2. Such systems shall be subject to review by the City Engineer.

3.

The construction of a fence or wall which meets applicable fence height requirements as measured pursuant to the provisions of this Code.

4.

The grading of a fire break or the clearance of vegetation when required, pursuant to an order from the Del Mar Fire Department to protect structures on existing developed legal lots. The Fire Department's order shall require the grading or clearance of no more material than is minimally necessary to provide for protection of public health and safety. Unless specifically stated in the written order, the clearance of vegetation shall be limited to the selective removal of vegetative growth through normal pruning, thinning by hand, and/or cutting operations which do not involve grading, clear-cutting of vegetation to a uniform height, or disturbance of soil or root systems.

5.

The replacement or removal of vegetative material when such activities are carried out in a manner which does not threaten the preservation of the sandstone bluffs, canyons, and related slopes that characterize properties within the Bluff, Slope and Canyon Overlay Zone and when such activities are carried out in a manner that involves appropriate erosion control measures, including replacement vegetation, to provide soil stability and when conducted so as to not create the potential for adverse erosion to adjacent properties or downstream resources.

(Ord. No. 582)

A.

The following projects and activities shall not be subject to the receipt of a Coastal Development Permit upon a determination by the Director of Planning and Community Development that the criteria specified in Subsection 30.52.060.A have been met:

1.

The grading of a fire break or the clearance of vegetation when required, pursuant to an order form the Del Mar Fire Department to protect structures on existing developed legal lots. The Fire Department's order shall require the grading or clearance of no more material than is minimally necessary to provide for protection of public health and safety. Unless specifically stated in the written order, the clearance of vegetation shall be limited to the selective removal of vegetative growth through normal pruning, thinning by hand, and/or cutting operations which do not involve grading, clear-cutting of vegetation to a uniform height, or disturbance of soil or root systems.

2.

The replacement or removal of vegetative material on an existing legal lot with a single-family residence when such activities are carried out in a manner which does not threaten the preservation of the sandstone bluffs, canyons, and related slopes that characterize properties within the Bluff, Slope and Canyon Overlay Zone and when such activities are carried out in a manner that involves appropriate erosion control measures, including replacement vegetation, to provide soil stability and when conducted so as to not create the potential for adverse erosion to adjacent properties or downstream resources.

Unless otherwise exempted by this Chapter, no building, improvement, structure, or portion thereof shall be erected, constructed, converted, established, altered, or enlarged; nor shall any lot or premises be excavated or graded for any purpose including, but not limited to, in-ground structures such as swimming pools or spas, or cleared of vegetation, until a Design Review Permit is first obtained in accordance with the procedures set forth in this Code. In addition to the standards of the Design Review Ordinance (DMMC Chapter 23.08) and of the underlying zone, said Design Review Permit shall be reviewed by the Design Review Board under the following standards:

A.

In order to preserve view sheds and the open space appearance of the area from a distance, structures shall be designed to be subservient to the natural landforms on the site. In addition, no structure shall exceed a height of 14 feet as measured pursuant to the provisions of this Code, unless the Design Review Board finds that scenic view sheds and open space appearance will be less affected by higher structures.

B.

Construction, irrigation, and landscaping shall be designed to ensure that they will harmonize with the natural as well as the man-made environment and to ensure that the protection of the natural landforms and vegetation takes precedence over architectural values.

C.

No primary scenic views or scenic views from public streets, roads or pedestrian trails shall be obstructed, unless the Design Review Board finds that there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that the bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site.

A.

No subdivision of property improved or unimproved, including lot line adjustment, shall be approved unless a finding is made that the proposed design and improvements of the subdivision will be consistent with the criteria of this Code. Specifically, unless proposed as a dedicated open space lot, no subdivision shall be approved which creates a lot or lots that are composed entirely or nearly entirely of substantial steep slopes as defined in this Chapter. Further, no subdivision or boundary adjustment shall be approved for creation or realignment of a lot(s) that would be incapable of supporting subsequent construction with the provision of the steep slope setbacks specified in this Chapter. In making the required finding for approval of the Conditional Use Permit associated with an application for subdivision, the Planning Commission shall take into consideration, the probable impact that the subdivision, including subsequent development on the lot(s), will have on substantial steep slopes.

(Ord. No. 567; Ord. No. 685; Ord. No. 722)

A.

In addition to the application submittal requirements for all other permits/authorizations required by this Code, applications for projects located within the Bluff, Slope and Canyon Overlay Zone shall include, at a minimum:

1.

A slope analysis prepared by a licensed civil engineer which indicates the existing topography of the site shown in (minimum) two-foot interval contours and an indication, through shading or other visible means, of the areas of the property comprised of slopes of 25 percent grade or greater. Said computation of slope gradient shall be calculated between individual contour lines, rather than by averaging across multiple contour lines.

2.

A calculation of the areas, expressed in square feet, or acres as appropriate, of each contiguous area of slopes of 25 percent grade or greater and the total area in such slopes as determined through the requirements of the slope analysis per Subsection A.1 above.

3.

A geological reconnaissance survey and preliminary engineering geology report. Said report shall include the findings of a subsurface investigation of those areas of the site wherein development is proposed and shall be sufficient to identify the nature and magnitude of any unstable conditions in such areas. The report shall address projected soil stability over a 75-year life for proposed structures and shall include any alternatives or mitigation measures necessary to offset unstable conditions or hazards.

B.

Unless otherwise required by the Planning Director, these submittal requirements shall not apply to new or redevelopment projects which clearly do not involve any potential for new grading, construction, or expansion of the footprint of existing structures into substantial steep slope areas as defined in this Chapter or into the steep slope setback areas required pursuant to the provisions of this Chapter. When waived by the Planning Director, the requirement for provision of this information may be subsequently reinstated by the responsible discretionary agency reviewing the project, at the time of such review.

A.

In addition to the other provisions of the Del Mar Municipal Code, projects located within the Bluff, Slope and Canyon Overlay Zone shall be subject to the following provisions:

1.

All projects involving grading shall be subject to the submittal of an erosion and sedimentation control plan. Said plan shall ensure that the project will not result in an increase in peak runoff from the site over the greatest discharge expected during a 10-year, 6-hour frequency storm. Runoff control shall be accomplished by a variety of measures including, but not limited to, on-site catchment basins, detention basins, siltation traps, energy dissipaters and the installation of landscape material. The required erosion and sedimentation control plan, and any proposals to increase flows, shall be subject to review and approval of the City Engineer.

2.

All erosion control measures shall be subject to detailed maintenance arrangements. Said arrangements shall ensure the on-going repair and maintenance of approved erosion control measures to ensure continued and effective erosion control. The maintenance and repair of such measures shall be the responsibility of the applicant or their successors in interest. The maintenance agreements required herein shall be secured prior to the release of permits and shall be recorded against the deed for the property.

3.

Cut and fill grading shall be designed to either limit runoff to a level which will be equal to or less than the natural flow expected prior to grading or construction activities, or to direct any increased flows to improved drainage facilities and/or natural drainage courses, provided such facilities or drainage courses are of adequate design and capacity to handle all discharge and anticipated flows.

4.

For projects involving a total of more than 25 cubic yards of cut and/or fill grading operations, no grading shall occur November 15th to March 31st of any year.

5.

All permits shall be subject to the submittal of a polluted runoff control plan. The required plan shall incorporate the use of structural and non-structural Best Management Practices (BMPs), to the extent necessary, to minimize the discharge of pollutants carried by runoff from urban development into surface water drainage, and to maintain post-development peak runoff rate and average volume at levels similar to pre-development levels. The plan shall include, but not be limited, to the following Best Management Practices (BMPs), as applicable: silt traps, catch basins, oil/grit separators, street sweeping and cleaning program, low-maintenance landscape and pesticide management plan, solid waste management and public education program. Post-construction structural BMPs (or suites of BMPs) should be designed to treat, infiltrate or filter storm water runoff from each storm, up to and including the 85 ^th percentile, 24-hour storm event for volume-based BMPs, and/or the 85 ^th percentile, one-hour storm event, with an appropriate safety factor, for flow-based BMPs. The plan shall include a monitoring component to ensure long-term maintenance of BMPs as relevant, and to allow for continued evaluation of the effectiveness of the polluted runoff control plan in meeting the goals of the LUP regarding the protection and enhancement of sensitive resources.

(Ord. No. 733)

A.

Areas to be retained in their natural state pursuant to the provisions of this Chapter shall be subject to conditions to ensure the protection of the designated area(s) from future encroachment, disturbance or degradation. Said conditions shall include the recordation of an open space deed restriction, conservation easement or open space easement to serve notice to the property owner, subsequent owners, or interested parties of the restrictions in effect on such property.

B.

The protection of areas or vegetation designated for retention in their natural state shall be accomplished through the installation of protective temporary and/or permanent fencing around such designated areas prior to the commencement of grading and/or development activities on-site. Fencing for protection of designated trees/vegetation required herein shall be placed so as to protect the root zones of the trees/vegetation to be protected.