Chapter 18.84 — LOCAL COASTAL PROGRAM

Article I In-Lieu Fees

Where no access is shown on City planning documents or cannot be achieved consistent with local coastal program policies, payment of in-lieu fees will provide revenue for development and maintenance of accessways. (Ord. 84-6 §1)

As a condition of approval of a coastal development permit, the applicant shall provide public access in accord with LCP requirements. Where no access is shown on LCP land use plan maps and other access easements are not available and/or consistent with LUP policies, payment of an in-lieu fee for development and maintenance of accessways will be required. (Ord. 84-6 §2)

In the coastal zone, all access plans, easements, dedications or grants of easement shall be consistent with the provisions of the adopted local coastal program including all implementing ordinances. It is also intended that this article structuring access in-lieu fees be fully consistent with the City's adopted LCP policies and requirements. (Ord. 84-6 §3)

Access in-lieu fees shall be applied as follows: Consistent with the provisions in this article and the City's general plan and local coastal plan policies and maps. A 0.05 fee per square foot of gross floor area shall be assessed. (Ord. 84-6 §4)

Article II Preparation of Specific Plans

The purpose of this article is to establish procedures for adoption, maintenance and administration of specific plans for areas of the City in accordance with the provisions of Section 65450 et seq. of the Government Code and as may be required for the systematic execution of the local coastal land use plan. Specific plans are intended to provide a planning framework to guide future public and private developments in areas where planned developments are appropriate because of special design/siting consideration, existing small lot subdivisions, and/or the need to make land uses compatible with surrounding uses.

This article establishes procedures and regulations which apply to the development, adoption, amendment and administration of specific plans. (Ord. 84-7 §1)

In the coastal zone, all specific plans shall be consistent with the provisions of the adopted local coastal program including the implementing ordinances. Any proposed specific plan which is not consistent with the provisions of the existing adopted and certified local coastal program may only be adopted concurrent with the adoption of other appropriate amendments to the local coastal program necessary to maintain consistency. Specific plans shall be processed pursuant to the hearing and notification provisions of Sand City. (Ord. 84-7 §2)

A. Specific plans shall include detailed regulations, conditions and programs as are necessary or convenient for the systematic implementation of the general plan and its various elements (including the local coastal land use plan) as may be appropriate.

B. The contents of the specific plan shall be determined by the City and may include any or all of the following:

1. Project description: description of project uses and scale, form of ownership and land
use density;

2. Dune management program and habitat preservation/restoration plans;

3. Identification of geological hazards setbacks;

4. Provision of public accessways and view corridors and dedication or grant of
easement of public lands;

5. Design concepts for planned unit development;

6. Description of proposed lot consolidation program and transfer of development
credits;

7. Architectural design and landscaping concepts;

8. Description of provisions for sewer/water service and streets;

   9. Description of provisions to insure compatibility with surrounding land use;

   10. Analysis of consistency with the City's adopted housing element for residential projects;

   11. Supporting documentation such as biological surveys, geology reports, and maps. (Ord. 84-7 §3)

A. Preparation.

1. A specific plan may be prepared by a developer for city approval, or by the City. If
the specific plan is prepared by the City, the City Council may impose a special fee
upon persons seeking approvals for projects within the specific plan.

2. The amount of fees shall be established so that, in the aggregate, they defray, but as
estimated do not exceed, the cost of development and adoption of the specific plan.
As nearly as may be estimated, the fee charged shall be a prorated amount in
accordance with the applicant's relative benefit derived from the specific plan.

B. Adoption. Prior to adoption of a specific plan, the City Council shall hold at least one public hearing. Notice of the time and place of such hearing shall be given at least 10 calendar days before the hearing and shall be published at least once in a newspaper of general circulation. For specific plans developed in the coastal zone, hearing and notice procedures as established in the coastal zone overlay district of the Sand City zoning ordinance shall be followed. Adoption of the specific plan by the City Council shall be by ordinance or resolution.

C. Amendment. Amendments to an adopted specific plan shall follow the same procedures identified in subsection B of this section. (Ord. 84-7 §4)

A. Land Use Regulation. Within an area included in an adopted specific plan all land shall be zoned consistent with the specific plan; and no discretionary land use project, public or private, shall be approved by the City unless it is found to be consistent with any applicable specific plan. If rezoning of property is required, or a transfer of development credits program is included, a local coastal program amendment is required.

B. Public Works Project. Pursuant to California Government Code Section 65553, no public building or works including new streets, sewers, or schools, shall be constructed within an area included within an adopted specific plan until such project has been reviewed by the City Council to insure conformity with the specific plan. (Ord. 84-7 §5)

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)