The hazards and protection (H) overlay zone is intended to prevent unsafe development of hazardous areas; to minimize damages to public and private property; and to minimize social and economic dislocations resulting from injuries, loss of life, and property damage. This overlay zone includes those area unsafe for development which are (1) prone to downslope movement or severe land slippage (i.e. slump, landslide areas); (2) in direct contact with known active or potentially active faults or fault zones; and (3) located in areas of high liquefaction potential, unstable slopes, retreating ocean bluffs or easily erodible areas. This overlay zone is intended to maintain and enhance land and watershed management, control storm drainage and erosion and control the water quality of both urban runoff and natural water bodies by regulating development within those areas with slopes of ten percent or greater. Also included in this overlay zone is the city's hillside regulations. This overlay zone is intended to also protect and enhance the shoreline bluffs and beaches of the city from visual as well as physical deterioration or erosion.

   All development in those areas of the city with ten percent or greater slopes shall meet the following standards and criteria:

   A.   All determinations required under this section shall be made by the city engineer except that all landscaping plans shall be approved by the city planner or architectural review committee as required by the approved plans;

   B.   The building inspector shall verify the installation of approved landscaping improvements in compliance with the plans approved in subsection (A) above;

   C.   Development on easily erodible areas shall be prohibited unless acceptable mitigation measures are established and required;

   D.   Development occurring in hillsides and environmentally sensitive areas shall preserve native flora and fauna to minimize erosion hazards and loss of wildlife;

   E.   A runoff control plan shall be submitted to the city engineer for review and approval prior to the issuance of a building permit for all construction on slopes of ten percent or greater. The runoff control plan shall be designed by a licensed engineer qualified in hydrology and soil mechanics. This plan shall include the following provisions (with any supporting calculations as necessary):

   1.   Runoff control shall be accomplished by minimizing grading and utilizing non-structural techniques such as erosion retardant vegetation as well as structural techniques such as on-site percolation galleries. Energy dissipating devices at the terminus of outflow drains shall be required;

   2.   For permitted grading all permanent erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities;

   3.   Prior to the commencement of any grading activity, the permittee shall submit a grading schedule which indicates that grading shall be completed within the permitted time stipulated in subsection (5) below and that any variation from the schedule shall be promptly reported to the city engineer;

   4.   All areas disturbed by grading shall be planted with temporary, or in the case of finished slopes, permanent erosion retardant vegetation. With respect to grading not exempted by Section 17.078.020.4, such planting shall be made prior to November 1. Native species shall be planted wherever feasible. Such planting shall be accomplished under a plan prepared and submitted by a licensed landscape architect and shall consist of seeding, mulching, fertilization, and irrigation adequate to provide ninety percent coverage within ninety days of the time of planting. Planting shall be repeated if the required level of coverage is not established within the time period stipulated above. This requirement shall apply to all disturbed soils, including stockpiles, and to all building pads and road cuts;

   5.   All grading activities for roads, future building pads, utilities and the installation of erosion and sedimentation control devices shall be prohibited within the period from November first to March thirty-first of each year, except that the following grading activities may be permitted outside the above time constraints:

   a.   Grading on slopes if they do not drain into an environmentally sensitive habitat area,

   b.   Grading on slopes less than ten percent, if the amount to be graded does not exceed fifty cubic yards,

   c.   Grading in areas outside of the coastal zone only when the department of fish and game and the city engineer have agreed in writing to an erosion control plan for the particular development and all necessary erosion control measures and facilities have been completed prior to November first and there is adequate bonding to assure maintenance of all erosion control facilities.

   F.   Permits and zoning clearances shall not be issued for developments that significantly alter the hydrological character of the surrounding area.

   G.   New development shall include storm drainage studies as part of their project application requirements.

   H.   Development in the Freeway Foothills planning area shall be required to provide structures to carry surface water runoff from their property without impacting other development.

   I.   Runoff from any new development on lands adjacent to the marsh area shall not exceed the volume rate of flow or particulate content of runoff from the land in its natural, undisturbed state.

   J.   Grading on slopes in excess of thirty percent is prohibited.

   K.   Construction on areas known to be prone to landsliding or severe land slippage is prohibited without specific slope stability engineering studies proving that safe construction is feasible.

   L.   Runoff from any project which drains to the marsh within the Meadow Creek watershed or to Pismo Creek within the city limits shall not exceed the volume rate of flow or particulate content of runoff from the land in its natural and undisturbed state. (Ord. 88-10 § 2, 1988)

   The hillside regulations shall be and hereby are applied to those areas of the city of Pismo Beach which, due to topography, require special consideration to assure that development of hillside lands will not destroy the natural amenities of such lands nor deplete the scenic resources of the city

   A.   Applicability. These regulations shall apply to all hillside areas within the city of Pismo Beach, except as specifically excluded herein. The term "hillside areas" is defined as all properties in the city which have a natural slope of ten percent or more or to which proposed access to the site traverses slopes of ten percent or more. No grading shall commence on slopes greater than thirty percent (except within the coastal zone portion of Pismo Heights, where the maximum slope shall be twenty percent. These hillside development regulations shall be in addition to the applicable standards which are otherwise required by the city.

   B.   Permit Requirements. Prior to the issuance of a grading or building permit or the approval of a tentative tract map for any parcel of land located within a hillside area, the applicant is required to submit development plans to the planning commission in accordance with the provisions of any specific provision of this chapter. The planning commission shall have the power to authorize or deny the issuance of any grading or building permit and approve or deny any tentative map where development plans fail to meet either the specific provisions or the general purpose and intent of this chapter. The planning commission may authorize the issuance of said permits upon such conditions, if any, as it determines necessary and proper to assure the general purpose and intent of this Title and may require such guarantees, if any, as it deems necessary to assure the fulfillment of such conditions.

   C.   Permitted Uses. All uses permitted in any zone district are subject to the provisions of this chapter.

   D.   Application Procedure. Upon application for grading or building permit, or tentative tract map approval, the applicant shall submit preliminary development plans consisting of the following:

   1.   For all grading or building permit applications, proposed site plans, grading plans, profiles of proposed grading plans, and upon approval of grading plans proposed landscape and irrigation plans.

   2.   With all tentative tract maps: proposed grading plans and profiles of proposed grading plans; together with conceptualized site plans and landscape plans.

   All plans and profile drawings shall be prepared to scale and submitted with copies of each (twenty-four inches by thirty-six inches) to the department of community development. The department of community development will distribute the various copies to appropriate city staff members for review and comment prior to the submission of such plans to the planning commission. The department of community development shall forward all recommendations along with any comments from city staff to the planning commission. The planning commission shall thereafter review and approve, conditionally approve, or reject such preliminary plans.

   E.   Additional Data Required. In addition to preliminary development plans, the applicant may be required to submit detailed data describing the existing topographic, soils, geologic, seismic, and drainage conditions at the proposed site. Detailed studies and analysis may be required as part of an Environmental Impact Report prepared in accordance with adopted city guidelines. Upon determination by the planning commission, the applicant may also be required to submit a scaled, profile model depicting any or all portions of the site proposed for development.

   F.   Planning Commission Review. In reviewing preliminary development plans for hillside areas, the planning commission shall be guided by the following objectives:

   1.   Preservation of natural topographic features and appearances by means of land sculpturing so as to blend any manmade or manufactured slopes into the natural topography;

   2.   Preservation of natural topographic features and appearances through prohibition of excessive padding and terracing of building sites in hillside areas;

   3.   Retention of major natural skyline profiles so as to avoid abrupt changes in grade;

   4.   Retention of major natural topographic features such as canyons, drainage swales, steep slopes, watershed areas, flood plains, view corridors, and scenic vistas;

   5.   The preservation and enhancement of prominent landmark features such as natural rock outcroppings, prominent trees and plant material, and other areas of special natural beauty;

   6.   The design and arrangement of alternative building sites, lot sizes, setbacks, and setback variations, and residential densities on steeper terrain so as to limit the extent of grading alterations;

   7.   The utilization of clustered sites and buildings and increased densities on more gently sloping terrain so as to reduce grading alterations on steeper, more pronounced, natural terrain;

   8.   The utilization and blending of building designs, locations, and arrangements which serve to avoid a continuous, hard skyline effect and which will afford view privacy and protection;

   9.   The preservation and re-establishment of native plant material so as to protect slopes from soil erosion and slippage, and to minimize the visual effects of grading and construction on hillside areas; and

   10.   The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside.

   G.   Development Standards. The following development standards shall apply to all hillside developments under this ordinance:

   1.   The overall shape, height, and grade of any cut or fill slopes shall be developed in concert with the existing natural contours and scale of the natural terrain of a particular site;

   2.   All cut and fill slopes in excess of ten feet vertical height shall be rounded with vertical curves from the crest of the slope and from any surface drains constructed on the face or top of the slope;

   3.   Where two cut or fill slopes intersect, the ends of each slope shall be horizontally rounded and blended with a minimum radius of twenty-five feet;

   4.   Where any cut or fill slopes meet the natural grade, the ends of each slope shall be vertically and/or horizontally rounded and blended with the natural contours so as to represent natural slope appearance.

   5.   Where any cut or fill slopes exceed one hundred feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion;

   6.   The top and toe of each slope in excess of ten feet vertical height, excepting the toe of any slope within twenty-five feet of a dwelling, shall be vertically rounded and designed in proportion to the total height of the slope;

   7.   In all instances of the creation of cut or fill slopes, detailed landscape and irrigation plans shall be submitted to the planning commission for review and approval prior to the issuance of any building or grading permit;

   8.   Detailed planting plans shall be included for all cut or fill slopes in excess of five feet in height;

   9.   Planting and irrigation on all graded slopes shall be commenced and pursued to completion in accordance with approved plans upon the completion of grading operations, pursuant to the standards of Section 17.078.020;

   10.   All planting and irrigation of slopes carried out pursuant to the standards and criteria of this section shall be completed, verified, and approved by the city prior to the issuance of occupancy permits for the development;

   11.   The applicant and/or developer shall be responsible for the maintenance and upkeep of all slope planting and irrigation systems until such time as the individual properties and dwellings are occupied or until a prescribed homeowners' association accepts the responsibility to maintain the landscaping in common areas. (Ord. 04-04 § 2 (Exh. A (part)), 2004)

   A.   New construction directly astride or across known or potential active faults or fault zones is prohibited.

   B.   Construction in areas with high liquefaction potential without site specific analysis is prohibited.

   C.   All new development shall use the planning and technical criteria presented in the Safety Element to reduce hazard risk.

   D.   Permits shall not be issued to new developments until a project has been reviewed to determine if any part of the construction or operation will create unacceptable conditions which would affect the welfare or safety of city residents.

   E.   All normal construction shall be designed or engineered to withstand the force of an eight point five magnitude earthquake (Richter Scale).

   F.   All critical facility construction shall be designed or engineered to withstand and remain functional after the force of an eight point five magnitude earthquake (Richter Scale).

   A.   New structures shall be set back a sufficient distance from the bluff edge to be safe from the threat of bluff erosion for a minimum of one hundred years. The city shall determine the required setback based on the following criteria:

   1.   For development on single family residential lots subdivided prior to January 23, 1981, the minimum bluff setback shall be twenty-five feet from the top of the bluff (blufftop is defined as the point at which the slope begins to change from near horizontal to more vertical). A geologic investigation may be required at the discretion of the city engineer, and a greater setback may be applied if local conditions warrant.

   2.   For all other development, a geologic study shall be required for any development proposed within the area between the face of the bluff and a line described on the blufftop by the intersection of a plane inclined at a twenty degree angle from horizontal, passing through the toe of the bluff or cliff, or fifty feet inland from the edge of the bluff, whichever is greater. All geologic reports prepared for blufftop development which do not address the area beyond this twenty degree rule, shall include a specific finding that no study beyond the area delimited by a line running from the base of the bluff to the top of the bluff at a twenty degree angle is necessary to assure the long term structural stability of the proposed development.

   B.   In addition to the criteria and standards for bluff top hazard setbacks as identified in this Section, additional building setbacks shall be required for specific planning areas as identified in the general plan/local coastal program land use plan to incorporate public access and recreational areas in addition to cliff retreat zones.

   C.   Geologic studies and reports shall consider, describe and analyze the following:

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

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

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

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

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

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

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

   8.   Effects of marine erosion on seacliffs;

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

   10.   Any other factors that might affect slope or bluff stability.

   D.   A site specific erosion control plan for all permitted blufftop development shall be prepared by a registered engineer qualified in hydrology and soil mechanics and shall assure that the development would not contribute to the erosion or failure of any bluff face and will eliminate or mitigate any adverse impacts on local shoreline sand supply to the maximum extent feasible.

   A.   No permanent above ground structures shall be permitted on the dry sandy beach except facilities necessary for public health and safety, such as, but not limited to lifeguard towers and the pier.

   B.   Off-shore oil drilling or any other activity that may endanger the Pismo clam, or recreational value of the beach shall be prohibited within the city's jurisdiction, and discouraged in adjacent outside ocean areas.

   C.   Sand mining offshore in the city's jurisdiction shall not be permitted.

   D.   Seawalls shall not be permitted, unless the city has determined that there are no other less environmentally damaging alternatives for protection of existing development or coastal dependent uses. If permitted, seawall design must (a) respect natural landforms; (b) provide for lateral beach access; and (c) use visually compatible colors and materials and will eliminate or mitigate any adverse impacts on local shoreline sand supply.

   E.   New development shall not be permitted where it is determined that shoreline protection will be necessary for protection of the new structures now or in the future based on a one hundred year geologic projection.

   F.   Shoreline structures, including groins, piers, breakwaters, pipelines, outfalls or similar structures which serve to protect existing structures, or serve coastal dependent uses and that may alter natural shoreline processes shall not be permitted unless the city has determined that when designed and sited, the project will:

   1.   Eliminate or mitigate impacts on local shoreline sand supply;

   2.   Provide lateral beach access;

   3.   Avoid significant rocky points and intertidal or subtidal areas; and

   4.   Enhance public recreational opportunities.

   G.   No additional development shall be permitted on any bluff face, except engineered staircases or accessways to provide public beach access, and pipelines for scientific research or coastal dependent industry. Drainpipes shall be allowed only where no other less environmentally damaging drain system is feasible and the drainpipes are designed and placed to minimize impacts to the bluff face, toe and beach.

   H.   Drainage devices extending over the bluff face shall not be permitted if the property can be drained away from the bluff face. All new drainage structures shall be constructed in such a manner that drainage water is not permitted to spill over or onto the bluff face.

   I.   For any development along the bluff top appropriate erosion control measures (i.e., set out in the "Erosion Control Handbook" in Appendix 2 of the general plan/local coastal program land use plan) shall be implemented.

   J.   All actions taken under this overlay zone shall be consistent with the relevant goals, policies and programs of the general plan/local coastal program land use plan.