Chapter 17.68 GH GEOLOGIC HAZARDS DISTRICT

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)

17.68.010 Definitions (effective outside coastal zone). Revised 3/26

For purposes of this chapter the following definitions shall apply:

A. “Bluff or seacliff” means a landform that includes a scarp or steep face of rock adjacent to the bay or ocean and meeting one of the following two parameters:

1. The toe is now or was historically (generally within the last two hundred years) subject to marine erosion.

2. The toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (a)(2).

D. “Coastal hazard” includes but is not limited to episodic and long-term shoreline retreat and coastal erosion, high seas, ocean waves, storms, tsunami, tidal scour, wave overtopping, coastal flooding, landslides, bluff and geologic instability, bluff retreat, liquefaction and their interaction, many of which are likely to worsen with sea level rise. (Ord. 1074 § 3 (Exh. C), 2026; Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.010)

17.68.020 Applicability.

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)

17.68.030 Purpose (effective within coastal zone).

17.68.030 Purpose (effective outside coastal zone). Revised 3/26

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. Along the shoreline and in areas subject to coastal hazards, the GH district is also designed (A) to protect and enhance bluff, shoreline, offshore, and sandy beach recreational areas for public use and enjoyment while ensuring all development (including private structures and public infrastructure) is safe from coastal hazards as much as possible both now and in the future; and (B) to ensure that otherwise allowable development is sited, designed, and conditioned to minimize risks to life and property, to avoid being subject to coastal hazards, and where development cannot entirely avoid coastal hazards, to appropriately mitigate for all adverse impacts to coastal resources, including to bluff, shoreline, offshore, and sandy beach recreational areas. (Ord. 1074 § 3 (Exh. C), 2026; Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.030)

17.68.040 Combining district.

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)

17.68.050 Principal permitted uses.

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)

17.68.060 Accessory uses.

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)

17.68.070 Conditional uses.

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)

17.68.080 Development standards (effective within coastal zone).

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)

17.68.080 Development standards (effective outside coastal zone). Revised 3/26

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 fifty years. (Ord. 1074 § 3 (Exh. C), 2026; Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.080)

17.68.090 Beach area regulations (effective within coastal zone).

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)

17.68.090 Beach area regulations (effective outside coastal zone). Revised 3/26

In the GH district:

A. A geologic/engineering report shall be required for all developments located on or adjacent to 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 any structure, including a road, utility or transmission line. Shoreline protection structures shall be permitted only:

1. If required to protect coastal-dependent uses, or existing structures (other than accessory structures), or public beaches in danger from erosion; and

2. Only if nonstructural solutions (e.g., beach nourishment, relocation of structures, etc.) and any other less environmentally damaging alternatives (such as nature-based adaptation measures) have proven to be infeasible; and

3. If they are determined to be the least environmentally damaging feasible alternative to protect the endangered structure/beach/use; and

4. If all coastal resource impacts are avoided, and where all unavoidable impacts are commensurately mitigated; including that they are designed so as to eliminate or mitigate adverse impacts on local shoreline sand supply, public access, marine habitats, visual resources, paleontological resources, and any other coastal resources; and

5. Designed to provide lateral and vertical public access elements where feasible. (Ord. 1074 § 3 (Exh. C), 2026; Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.090)

17.68.100 Bluff and cliff area regulations (effective within coastal zone).

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)

17.68.100 Bluff and seacliff area regulations (effective outside coastal zone). Revised 3/26

In the GH district:

A. Bluff and seacliff top development shall be permitted only if the design and setback provisions are designed to assure stability and structural integrity for at least fifty years); 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 seacliff development which is proposed within two hundred feet of the seacliff edge. In specific areas of known geological stability (as determined by adequate geologic evaluation and historic evidence), 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. 1074 § 3 (Exh. C), 2026; Ord. 1043 § 2 (Att. 2), 2020; Ord. 677 § 15(A), 1989; Ord. 628 § 2, 1987. Formerly 17.48.100)

17.68.110 Earthquake fault areas.

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)

17.68.120 Floodplain (effective within coastal zone).

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)

17.68.120 Floodplain (effective outside coastal zone). Revised 3/26

Any development in the GH district which is proposed to be located within the one-hundred-year riverine 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. 1074 § 3 (Exh. C), 2026; Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.120)

17.68.130 Landslide areas.

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)

17.68.140 Steep slope areas.

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)

17.68.150 Other geologic hazard areas.

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)

17.68.160 Contents of geologic/engineering reports (effective within coastal zone).

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)

17.68.160 Contents of geologic/engineering reports (effective outside coastal zone). Revised 3/26

Bluff and hillside stability evaluations shall consider a range of coastal hazards – including erosion rates, wave climate, storm surge, and sea-level rise – over a fifty-year planning horizon. Proposed development shall incorporate mitigation measures designed to perform for a minimum of fifty years post-occupancy. Slope stability shall meet minimum factors of safety of 1.5 (static) and 1.1 (seismic, pseudo static) unless otherwise justified by a site-specific analysis prepared and sealed by a California-licensed Geotechnical Engineer (GE) or Certified Engineering Geologist (CEG) and accepted by the city of Capitola. 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. 1074 § 3 (Exh. C), 2026; Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.160)

17.68.170 Appeals.

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)

17.68.180 Requirement of disclosure of property location by seller to seller’s agent (effective within coastal zone).

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)

17.68.180 Requirement of disclosure of property location by seller to seller’s agent (effective outside coastal zone). Revised 3/26

A person who is acting on behalf of real property which is located within a GH district, or the seller if they are 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. 1074 § 3 (Exh. C), 2026; Ord. 1043 § 2 (Att. 2), 2020; Ord. 628 § 2, 1987. Formerly 17.48.180)

17.68.190 Report to be noted on subdivision maps.

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)