Article III — Amendments

The following actions shall constitute an amendment to the local coastal program if found by the Executive Director of the California Coastal Commission to constitute an amendment to the local

coastal program:

• A. Any general plan amendment which affects the coastal zone including any changes to the certified policies, tables, maps or definitions of the local coastal program land use plan.

• B. Any revision to the following ordinances which affect the coastal zone:

  1. Zoning;

  2. Water conservation;

  3. Surface mining and reclamation;

  4. Subdivision;

  5. Park dedication;

  6. Specific plan;

  7. Time share.

• C. Any zone district in the coastal zone.

• D. The amendment of any specific plan which affects the coastal zone. The adoption of a specific plan is an amendment requiring commission approval if the specific plan differs from the local coastal land use plan or includes a transfer of development credits program.

• (Ord. 84-8 §1)

Local coastal program amendments may be initiated at any time by an application from any person or public agency, or by a resolution of intention adopted by the City Council upon its own motion or upon the recommendation of the planning staff. (Ord. 84-8 §2)

The local coastal program shall not be amended more than three times during any calendar year. Each amendment may include several different changes. (Ord. 84-8 §3)

An application to amend the local coastal program shall be made on forms provided by the City and be submitted concurrently with the application to amend the general plan, specific plan, ordinance, or zoning district designation which constitutes the local coastal program amendment. A processing fee as established by resolution of the City shall accompany the application. (Ord. 84-8 §4)

• A. Notice Recipients. Notice of public hearing for a local coastal program amendment shall be provided a minimum of 10 days prior to the hearing before the City Council in the following manner:

  1. Publication in a newspaper of general circulation within the area or areas affected by the proposed amendment; publication may be in the form of publication of the scheduled agenda for the hearing body; and

  2. A mailed notice shall be sent to:

     • a. Any member of the public who has so requested;

     • b. Each local government contiguous with the area that is the subject of the LCP amendment;

     • c. Local governments, special districts, or port or harbor districts that could be directly affected by or whose development plans should be considered in the LCP amendment;

     • d. All of the state and federal agencies listed in Appendix A of the Local Coastal Program Manual;

     • e. Local libraries and media; and

     • f. Other regional or federal agencies that may have an interest in or be affected by the LCP.

  3. If specific parcels are affected by the proposed amendment, notices shall be posted in prominent locations on and in the area of the subject property; and a mailed notice shall be sent to the property owner and all residents within 100 feet of the perimeter of the subject parcel.

• B. Notice Contents. The public notice shall include the following information:

  1. A statement that an amendment to the local coastal program is proposed.

  2. A description of the proposed amendment.

  3. The date, time, place and decision-making body for the scheduled public hearing.

  4. The procedure for submitting written or oral comments for the public hearing.

• C. Continued Hearings. If a public hearing on a proposed amendment is continued to a time which has not been stated in the public notice or at the public hearing, notice of the continued hearing shall be provided in the same manner as provided in this section.

• (Ord. 84-8 §5)

• A. Approval. The City Council shall hold at least one public hearing on a proposed local coastal program amendment following public notice. The City Council may approval the proposed amendment by a resolution which shall include the following:

  1. A statement of the reasons for the amendment.

  2. Findings of consistency with the general plan and all components of the local coastal program.

  3. Findings of compliance with the California Environmental Quality Act.

• B. An amendment approved by the City Council shall not be effective until certified by the California Coastal Commission.

• C. Denial. Denial of a local coastal program amendment by the City Council shall be final except for denial of amendments which would allow public works or energy facility projects applications

which may be re-filed with the California Coastal Commission pursuant to Public Resources Code Section 30515 .

(Ord. 84-8 §6)

• A. Following approval by the City Council, a local coastal program amendment shall be submitted to the California Coastal Commission accompanied by a full administrative record of the City Council hearings including:

  1. A copy of the approved amendment including policies, maps, ordinances, etc., as adopted.

  2. A copy of the public notice with a list of all persons and entities noticed.

  3. Supporting documents including reports, maps, exhibits, environmental documents, minutes, and supplemental data and hearing submittals. Such material shall include copies or summaries of significant public comments and local government's response, a discussion of the proposed amendment's relationship to and effect on the other sections of the certified LCP, and an indication of any zoning measures to be used to carry out the amendment.

  4. A copy of the adopting resolution including statements and findings supporting the amendment.

• B. Amendments shall not be submitted to the California Coastal Commission more often than three times in a calendar year; each submittal, however, may contain several different program changes.

• C. An amendment approved by the Coastal Commission will require formal City Council adoption after commission approval.

• (Ord. 84-8 §7)