With the following exceptions, no principal structure, accessory structure, facility or improvement shall be constructed, placed or installed within 40 feet of the top edge of the coastal bluff. Exceptions are as follows:

With the following exceptions, no structure, facility, improvement or activity shall be allowed on the face or at the base of a coastal bluff. Exceptions are:

Except as a part of approved preemptive measures pursuant to subsection C of this section, no grading or scraping shall be allowed on a bluff face, nor shall naturally occurring drought tolerant vegetation be voluntarily removed from the bluff face. Removal of nonnative vegetation in order to enhance the stability of the bluff face shall be allowed provided that the vegetation removal does not result in a bluff devoid of erosion protective vegetation. In order to preserve the bluff face in its then existing condition as much as reasonably necessary to prevent erosion, planting, trimming, removal of vegetation and other landscape related maintenance is allowed when accomplished by hand methods (i.e., no mechanical devices, other than customary hand tools).

All proposed grading and fill shall comply with the City's Grading, Erosion and Sediment Control Ordinance, Chapter 23.24 of the Municipal Code.

Existing legal structures and facilities within 40 feet of a bluff edge or on the face of a bluff may remain unchanged. Interior remodeling of existing buildings that does not involve changes to the existing foundation is allowed, but no expansion of building square footage or addition of stories within the 40-foot area shall be allowed except as permitted pursuant to paragraph 1a of this subsection B. Routine maintenance of existing facilities is allowed.

With development of any new building or expansion of the floor area of an existing building, all drainage and runoff on the property shall be collected and delivered to approved drainage facilities. Unless otherwise approved by the Planning Commission following recommendations from the City Engineer, all drainage shall be diverted away from within five feet of the edge and face of the bluff. Drainage improvements provided shall include roof drains. Any existing drainage systems which deliver runoff to or over the edge of the bluff shall be removed.

Landscaping on beach bluff properties shall avoid the use of ice plant, and emphasize native and drought-tolerant plants in order to minimize irrigation requirements and reduce potential slide hazards due to over-watering. Landscaping materials shall be installed and maintained so as to assure that neither during growing stages nor upon reaching maturity will such materials obstruct views to and along the ocean and other scenic coastal areas from public vantage points. Irrigation shall be limited to hose bibs or water saving irrigation systems with automatic timers. No permanent irrigation system shall be permitted within 40 feet of the coastal bluff edge.

Buildings and other structures shall be sited, designed and constructed so as not to obstruct views to and along the ocean and other scenic coastal areas from public vantage points.

The design and exterior appearance of buildings and other structures visible from public vantage points shall be compatible with the scale and character of the surrounding development and protective of the natural scenic qualities of the bluffs.

The City shall develop and adopt a comprehensive plan, based on the Beach Bluff Erosion Technical Report (prepared by Zeiser Kling Consultants Inc., dated January 24, 1994), to address the coastal bluff recession and shoreline erosion problems in the City. If a comprehensive plan is not submitted to, reviewed and approved by the Coastal Commission as an amendment to the City's Local Coastal Program by November 17, 1996, then no additions or expansions to existing structures shall be permitted on coastal blufftop lots except for minor additions or expansions that comprise no greater than a 10% increase above the existing gross floor area or 250 square feet, whichever is greater, provided such additions/expansions are located at least 40 feet or more from the bluff edge, the addition/expansion is constructed in a manner so that it could be removed in its entirety, and the applicants agree to participate in any future comprehensive plan adopted by the City to address coastal bluff recession and shoreline erosion problems in the City. In addition, until such a comprehensive plan is approved by the City of Encinitas and the Coastal Commission as an amendment to the LCP, the City shall not permit the construction of seawalls, revetments, breakwaters, cribbing, or similar structures for coastal erosion except under circumstances where an existing principal structure is imminently threatened and, based on a thorough alternatives analysis, an emergency coastal development permit is issued and all emergency measures authorized by the emergency coastal permit are designed to eliminate or mitigate adverse impacts on local shoreline sand supply.

Development and improvement in compliance with the development standards in subsection B, Development Standards, proposing no structure or facility on or within 40 feet of the top edge of the coastal bluff (except for minor accessory structures and improvements allowed pursuant to paragraph B1b of this section), and proposing no preemptive measure as defined below, shall be subject to the following: submittal and acceptance of a site-specific soils report and geotechnical review described by subsection D, Application Submittal Requirements, of this section. The authorized decision-making authority for the proposal shall make the findings required based on the soils report and geotechnical review for any project approval. A second story cantilevered portion of a structure which is demonstrated through standard engineering practices not to create an unnecessary surcharge load upon the bluff area may be permitted 20% beyond the top edge of bluff setback if a finding can be made by the authorized agency that no private or public views would be significantly impacted by the construction of the cantilevered portion of the structure.

Development proposing principal or accessory structures (other than minor accessory structures and improvements) closer than 40 feet but not closer than 25 feet from the top edge of the bluff, proposing any essential public improvement on or within 40 feet of the top edge of the bluff, and/or proposing any preemptive measure shall be subject to the following requirements. For purposes of the Coastal Bluff Overlay Zone, a "preemptive measure" is defined as any structure, device or facility necessary to strengthen a portion of the bluff and/or retard erosion when there is a demonstrated threat to a principal structure at the top of the bluff, as demonstrated in the required geotechnical report. A second story cantilevered portion of a structure which is demonstrated through standard engineering practices not to create an unnecessary surcharge load upon the bluff area may be permitted 20% beyond the top edge of bluff setback if a finding can be made by the authorized agency that no private or public views would be significantly impacted by the construction of the cantilevered portion of the structure.

Cliff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site.

Historic, current and foreseeable cliffs erosion, including investigation or recorded land surveys and tax assessment records in addition to land use of historic maps and photographs where available and possible changes in shore configuration and sand transport.

Geologic conditions, including soil, sediment and rock types and characteristics in addition to structural features, such as bedding, joints and faults.

Evidence of past or potential landslide conditions, the implications of such conditions for the proposed development, and the potential effects of the development on landslide activity.

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

Ground and surface water conditions and variations, including hydrologic changes caused by the development (e.g., introduction of irrigation water to the groundwater system; alterations in surface drainage).

Potential erodibility of site and mitigating measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design).

Effects of marine erosion on seacliffs and estimated rate of erosion at the base of the bluff fronting the subject site based on current and historical data.

Potential effects of seismic forces resulting from a maximum credible earthquake.

Any other factors that might affect slope stability.

Mitigation measures and alternative solutions for any potential impacts.

The report shall also express a professional opinion as to whether the project can be designed or located so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project. The report shall use a current acceptable engineering stability analysis method and shall also describe the degree of uncertainty of analytical results due to assumptions and unknowns. The degree of analysis required shall be appropriate to the degree of potential risk presented by the site and the proposed project.

In addition to the above, each geotechnical report shall include identification of the daylight line behind the top of the bluff established by a bluff slope failure plane analysis. This slope failure analysis shall be performed according to geotechnical engineering standards, and shall:

Enclosed or principal buildings at the top of an ocean bluff are threatened by a potential bluff failure/collapse.

The threat is imminent. A statement of a state-licensed engineer or engineering geologist establishing an imminent threat may be required if the City Engineer is not able to determine the imminent threat.

The minimum size of rock rip-rap when placed as a temporary protective barrier, shall be three tons. If recommended in writing by a certified engineering geologist, smaller filter rock may be permitted behind and beneath the armor rock rip-rap in order to further cushion the bluff against wave action and to assist in maintaining sand behind the barrier. For placement of rip-rap, a site plan showing the limits of rip-rap to the satisfaction of the City Engineer shall constitute a construction plan. Documentation shall be provided that the proposed temporary protection is the minimum necessary to address the emergency and to assure minimal encroachment onto the sandy beach area. In addition, construction access and staging plans shall be submitted which document that no public beach parking areas will be utilized for the interim storage of materials or equipment and that overnight storage of equipment of materials will not be permitted on the sandy beach.

Construction plans, prepared by a state-licensed civil engineer, are submitted to the City Engineer for review and approval, along with any supporting reports and design calculations as required by the City Engineer to verify the adequacy of the design.

A covenant is provided which includes an obligation by the property owner to the City that the property owner will comply with all coastal regulations and conditions imposed by the California Coastal Commission including submitting and processing an application in order to receive a grant of approval for a permanent protection facility as applicable under the Municipal Code and the California Coastal Act. The property owner shall execute the City's covenant prior to the installation of the protective facility, and submit it to the City Manager or designee together with the following:

For proposed projects within the Hillside/Inland Bluff Overlay Zone, a slope analysis shall be submitted by the applicant based upon a topographic map with contour intervals not exceeding two feet. This analysis will describe the following slope categories in acres and will also graphically depict the location of each category on the topographic map:

Where development is proposed on slopes of greater than 25% grade, the following standards shall apply:

Where structures and improvements are proposed within any areas of greater than 25% slope, a geological reconnaissance report shall also be submitted.

Where unstable conditions are indicated, but in the opinion of the City Engineer are not sufficiently defined in the geological reconnaissance report, a preliminary engineering geology report shall also be required. The preliminary engineering geology report shall include the results of subsurface investigations sufficient to identify the nature and magnitude of such unstable conditions; and shall identify alternative mitigation measures that may be needed.

No principal structure or improvement or portion thereof shall be placed or erected, and no grading shall be undertaken, within 25 feet of any point along an inland bluff edge. Minor accessory structures and improvements located at grade, including landscaping, shall be allowed to within five feet of the top edge of any hillside/inland bluff subject to these regulations. For purposes of these regulations, "minor accessory structures and improvements" are defined as those requiring no City approval or permit including a building or grading permit, and not attached to any principal or accessory structure which would require a permit. Precautions must be taken when placing structures close to the bluff edge to ensure that the integrity of the bluff is not threatened. Grading for reasonable access in and around a principal or accessory structure may be permitted by the City Engineer following review of a site specific soils report.

All slopes over 25% grade which remain undisturbed or which are restored or enhanced as a result of a development approval, shall be conserved as a condition of that approval through a deed restriction, open space easement, or other suitable device that will preclude any future development or grading of such slopes.

A second story cantilevered portion of a structure which is demonstrated through standard engineering practices not to create an unnecessary surcharge load upon the bluff area may be permitted 20% beyond the top edge of bluff setback if a finding can be made by the authorized agency that no private or public views would be significantly impacted by the construction of the cantilevered portion of the structure.

Floodway.

Floodplain. Within the 100-year floodplain, permanent structures, roads and other public improvements consistent with the Land Use Element will only be allowed if the applicant can demonstrate the following:

Wetlands.

For proposed projects which involve parcels containing an archaeological site(s), a survey by a qualified professional archaeologist shall be submitted by the project applicant to determine the site's significance and the need for project impact mitigation by preservation (open space easement), further study (excavation/salvage), or other methods.

For proposed projects which involve parcels containing historical sites and/or structures, a survey by a qualified professional historian shall be submitted by the project applicant to determine the site/structure's significance and the need for project impact mitigation by preservation, relocation, or other methods.

The Agricultural Overlay Zone regulations shall apply to all properties presently under a Williamson Act contract and described on the City map delineating the AGO zone.

The Agricultural Overlay Zone shall be removed from the properties subject to a Williamson Act contract by the City upon the expiration of that contract.

No development other than that associated with the agricultural operation subject to the Williamson Act contract may occur within the AGO zone. This may include buildings and structures necessary to conduct the agricultural operation and dwelling units necessary to accommodate the owners and employees associated with that operation.

Where buildings, structures, and dwelling units are constructed, they shall conform to the setback and height requirements of the rural residential zones.

An open or landscaped buffer of at least 75 feet shall be provided along the boundary between all property subject to the AGO zone and properties not subject to the AGO zone.

To allow museums subject to a major use permit, in a very limited portion of the RR-1 and R-3 zones that is characterized by a growing presence of institutional uses on a Circulation Element road.

To supplement the zone regulations applied to museums with additional standards and procedures that will both promote a satisfactory living environment on surrounding residential properties and facilitate museum activities.

To permit expanded artistic, scientific, cultural and historical activities for residents and visitors of both the City and region.

To provide limited opportunities for on-site ancillary housing for a caretaker or guest professional, and his or her family, in order to facilitate the goals of the museum.

Maximum Lot Coverage. 35% for buildings. Parking and other impervious surfaces exclusive of buildings shall not exceed 15%.

Maximum Building Height. Building heights up to 30 feet may be considered if it can be found that the portion of the building outside of the standard 22-foot envelope maintains some of the significant views enjoyed by residents of nearby properties, and that the building is compatible in bulk and mass with buildings on neighboring properties.

Residential Uses and Density. If the museum posses a residential component, not more than any one dwelling unit shall be constructed on the project site. Occupancy of the dwelling unit shall be limited to (i) a caretaker, and his or her family; or (ii) a professional of the arts or sciences, and his or her family, whose primary responsibility is to create or participate in the institution's exhibits and programs, and facilitate achievement of the museum's goals.

Accessory Commercial Uses. Accessory commercial retail sales shall only be permitted when such sales are related to the museum's exhibits and programs. The area devoted to commercial uses shall not exceed 10% of the museum's total floor area or 1,500 square feet, whichever is more restrictive. The authorized agency may reduce the percentage of floor area dedicated to commercial uses, limit the type of commercial use or entirely prohibit any commercial, depending on the characteristics of the project site and surrounding area.

Setbacks. Where the museum property is adjacent to a nonresidential use, museum structures shall generally conform to the applicable setbacks for the RR-1 and R-3 zones. Where the museum property is adjacent to a residential use, the setback shall be 50 feet from the property line. However, the authorized agency may decrease the setback standards adjacent to residential uses if it finds that a lesser setback is appropriate, based on the site-specific design.

On-Site Parking. One parking space per 500 square feet of gross floor area unless it is determined during the review of the project proposal that greater or fewer spaces are warranted. Modifications to the parking standard must be based on a parking study completed by a qualified traffic engineer. In addition to the parking spaces required for automobiles, suitable space shall be designated for bus loading and parking.

Off-Site Parking Management Plan. Where the parking demand would exceed the onsite parking supply, an off-site parking program shall be provided that accommodates guests/visitors during special events. The major use permit may limit the number of special events per year. The off-site parking management plan shall include both parking management and transportation program.

Other Standards. All other standards not established in this section will be determined through the major use permit.

Architectural Style, Building Materials, Signs and Landscape Design. The appearance of the developed site in terms of the arrangement, height, scale and architectural style of the buildings, location and design of parking areas, landscaping and other features shall be compatible with the character of the surrounding area. Architectural styles, building materials, signs and landscape designs that detract from the prevailing development character shall be avoided. Signs shall be constructed of natural materials such as wood and stone. Approval of any and all signs for the museum site must be a part of the major use permit.

Off-Site Directional Signage. One off-site directional sign shall be permitted subject to the following:

Traffic Study. A traffic study shall be submitted with the application. A professional transportation engineer must prepare the study according to City guidelines and standards. The following subjects must be evaluated in the study to the satisfaction of the City:

Noise. Amplification of music, human voices and other sources of sound are not permitted outside of the museum buildings. Sound from inside the building must otherwise be in compliance with the performance standards contained in Municipal Code Section 30.40.010.

Lighting. Exterior lighting shall be limited to security lighting, parking lot lighting, and lighting required for use of outside courtyards, decks, walkways and stairs. Outside courtyards, decks, walkways and stairs shall only be illuminated during evening events except for minimal lighting required for the safety and security. All lighting sources shall be shielded in such a manner that the light is directed away from streets and adjoining properties. Illuminators should be integrated within the architecture of the building to the extent possible. Freestanding lampposts in the parking lot shall be no taller than 18 feet. A lighting plan with performance standards, prepared to the satisfaction of the City, shall be submitted with the use permit application. Use of motion detection lighting is preferred to lights activated manually or by a timer. The performance standards and other relevant criteria identified in the lighting plan shall be incorporated into the major use permit.

Landscaping. Buildings, parking areas and outdoor areas shall be integrated with landscaping consistent with residential development. Landscaping, including plants, patios and decorative walls with plants, may be natural or designed for the site.

Grounds Rentals. Rental of the museum grounds for special private and public events is permitted in accordance with the Municipal Code standards for special events and the conditions of the major use permit.