Chapter 12.42
DEPOT HILL BLUFF SAFETY AND PROTECTION

Sections:

12.42.010    Depot Hill Bluff safety and protection.

12.42.020    Exception.

12.42.030    Penalty for violation.

12.42.010 Depot Hill Bluff safety and protection.

A. The purpose of this chapter is to promote the stabilization of the Depot Hill Bluff and thereby enhance the safety of those persons who walk above and at the foot of the Depot Hill Bluff, or who are otherwise in the vicinity of the Depot Hill Bluff, as well as to protect property and structures in the vicinity of the Depot Hill Bluff. The purpose of this chapter is also to protect any archeological or paleontological resources upon, within or in the vicinity of the Depot Hill Bluff.

B. No person shall erect any structure upon, grade or otherwise disturb any portion of the Depot Hill Bluff or remove, mine or extract any material including, but not limited to, rocks, dirt, sediment, archaeological resources, paleontological resources or other natural resources, from the Depot Hill Bluff.

C. As used in this chapter, the term “Depot Hill Bluff” refers to that cliff-side property in the city of Capitola which overlooks and abuts the Monterey Bay and which at the bottom is comprised of all cliff area extending from the eastern end of Esplanade Park in Capitola Village to, and including, New Brighton State Beach, and which at the top is comprised of all cliff and bluff area adjacent to and below Grand Avenue, Sacramento Avenue, Livermore Avenue, El Salto Drive, Escalona Drive, Grove Lane and Park Avenue. (Ord. 896 § 1, 2005)

12.42.020 Exception.

The prohibition prescribed in Section 12.42.010 shall not apply to any work or project undertaken by a person pursuant to a Coastal Development Permit or any other governmental permit that specifically authorizes development activity or scientific research on or about the Depot Hill Bluff. (Ord. 896 § 1, 2005)

12.42.030 Penalty for violation.

A violation of this chapter shall constitute an infraction. A first offense within a twelve-month period shall be punishable by a fine of one hundred dollars. A second violation within a twelve-month period shall be punishable by a fine of two hundred fifty dollars. A third violation or subsequent fine within a twelve-month period shall be punishable by a fine of five hundred dollars. (Ord. 896 § 1, 2005)