Ventura County Municipal Code Art. 14 Amendment to the local coastal program

The purpose of this Article is to establish procedures for amending the County Coastal Zoning Ordinance, which is part of the LCP. These procedures shall apply to all proposals to change any property from one (1) zone to another (i.e. to amend the zoning map) or to amend the text of this Chapter. The Coastal Zoning Ordinance may be amended by the Board of Supervisors whenever the public health, safety, or general welfare, good zoning practice, and consistency with the Coastal Act, the County General Plan, or the Coastal Area Plan justify such action.

For amendment(s) to this chapter in conjunction with a hazardous waste facility, the Coastal Zoning Ordinance may be amended by the Board of Supervisors whenever such amendments are consistent with the portions of the County Hazardous Waste Management Plan (CHWMP) that identify specific sites or siting criteria for hazardous waste facilities.

Amendments to the Coastal Zoning Ordinance are not effective until and unless certified by the California Coastal Commission.

(Am. Ord. 3946—7/10/90; Ord. No. 4451, § 9, 12-11-2012)

Changes to the boundaries of any zone or LCP Land Use Plan designations, changes to the zoning or land use classifications of any property, and textual changes to this Chapter or to the policies or text of the LCP Land Use Plan shall be considered amendments to the LCP.

(Ord. No. 4451, § 8, 12-11-2012)

Proposals to amend the Coastal Zoning Ordinance may be initiated in the following manner:

(a) By the adoption of a Resolution of Intention by the Board of Supervisors requesting the Planning Commission to set the matter for hearing and recommendation within a reasonable time.

(b) By the adoption of a Resolution of Intention by the Planning Commission setting the matter for hearing.

(c) By Planning Director action.

(d) By the filing with the Planning Division a complete application accompanied by the appropriate filing fee for:

(1) A proposed change to the Coastal Zoning Ordinance by the owner of the property, by a person with a power of attorney from the owner, or by the attorney at law of the owner; or

(2) A proposed amendment to the text of the Coastal Zoning Ordinance by an interested person.

(Ord. No. 4451, § 8, 12-11-2012)

No application for an amendment shall be accepted for filing or processing without a completed application form. The Planning Director may prescribe the form and scope of such application forms.

(Ord. No. 4451, § 8, 12-11-2012)

No application for an amendment shall be accepted for filing or processing unless the required fee, as specified by Board Resolution, is paid.

(a) Penalty Fees. Where a use (or construction to that end) is commenced without the required amendment first being obtained, the fee for said amendment, as specified by Resolution of the Board of Supervisors, shall be doubled. In no event shall the double fee exceed the filing fee plus one thousand dollars ($1,000.00). Payment of such double fee shall not relieve persons from fully complying with the requirements of this Code, nor from any other penalties prescribed herein.

(Ord. No. 4451, § 8, 12-11-2012)

The Planning Director, upon review of an application or Resolution of Intention for an amendment, may elect to include a larger area or additional land in the study of the amendment request.

(Ord. No. 4451, § 8, 12-11-2012)

The LCP shall not be amended more frequently than three (3) times during any calendar year. The amendments may occur at any time as determined by the County, and each amendment may include several different changes.

(Ord. No. 4451, § 8, 12-11-2012)

(a) All privately-initiated applications for amendments to the Coastal Zoning Ordinance (Section 8184-2.1(d)) shall first be first screened by the Board of Supervisors prior to any further processing by the Planning Division staff. The purpose of this Board of Supervisors initial screening process is to determine if the privately-initiated application is consistent with the purpose of ordinance amendments in Section 8184-1 and appropriate for further processing by the Planning Division staff, or if for any reason such further processing is not warranted.

(b) The Planning Division shall prepare a brief report and recommendation for the Board to use in its screening decision-making process.

(c) If the Board does authorize Planning Division staff to further process the privately-initiated amendment to the Coastal Zoning Ordinance, the Board action shall not confer or imply ultimate approval of any such Coastal Zoning Ordinance amendment request. If the Board does not authorize Planning Division staff to further process the privately-initiated amendment, that decision shall be final.

(Ord. No. 4451, § 8, 12-11-2012)

Editor's note— Ord. No. 4451, § 8, adopted December 11, 2012, amended § 8184-2.6 to read as set out herein. Previously § 8184-2.6 was titled screening of applications.

The Planning Commission and Board of Supervisors shall each hold at least one public hearing on any amendment request if appropriate as indicated below. The hearing and notice requirements and public hearing procedures shall be the same as those prescribed in Section 8181-6.2 of this Chapter.

The Planning Commission shall forward to the Board of Supervisors by resolution those requests for which the Planning Commission recommends approval or recommends the adoption of an ordinance to amend the LCP. Said resolution shall be forwarded to the Board of Supervisors within 40 days following the close of the Planning Commission hearing thereon, unless waived by the Board of Supervisors.

Amendment requests to the Coastal Zoning Ordinance initiated by private parties, the Planning Commission, or the Planning Director that the Planning Commission has denied shall not be forwarded to the Board of Supervisors, and the action of the Planning Commission shall be final unless an appeal is filed in accordance with Article 11. The sole exception is amendment requests initiated by the Board of Supervisors for which the Planning Commission has recommended denials; such requests shall be forwarded to the Board of Supervisors within forty (40) days following the close of the Planning Commission hearing.

(Ord. No. 4451, § 9, 12-11-2012)

(a) Following a public hearing, the Board of Supervisors may approve, modify or disapprove any Planning Commission recommendation regarding an amendment request to the Coastal Zoning Ordinance, provided that any modification of the proposed amendment by the Board of Supervisors not previously considered by the Planning Commission during its hearing shall first be referred back to the Planning Commission for a report and recommendation. In addition, the public hearing shall be continued to allow sufficient time for the Planning Commission to report back to the Board of Supervisors. The Planning Commission shall not be required to hold a public hearing prior to reporting back to the Board of Supervisors. Failure of the Planning Commission to report back within forty (40) days after such referral, or within a period of time designated by the Board of Supervisors, shall be regarded as approval by the Commission of the proposed modification. A modification shall be deemed "previously considered" by the Planning Commission if the modification of the proposed amendment by the Board of Supervisors is based upon the issues and evidence initially heard by the Planning Commission.

(b) The Board of Supervisors may impose reasonable conditions that must occur prior to the effective date of any amendment request for the protection of public health, safety, and general welfare.

(c) The Board of Supervisors action to approve, in whole or part, an amendment request shall not be deemed effective until after the Coastal Commission has reviewed and approved the request.

(Ord. No. 4451, § 9, 12-11-2012)

All amendments to the certified LCP approved by the Board of Supervisors must be reviewed and approved by the Coastal Commission.

(Ord. No. 4451, § 9, 12-11-2012)

All of the following shall be submitted to the Coastal Commission for an amendment:

(a) A Board of Supervisors resolution that states that the amendment is intended to be carried out in accordance with the Coastal Act and the certified LCP. The resolution must state that the amendment will either:

(1) Take effect automatically upon Coastal Commission approval, or

(2) Require formal County adoption after Coastal Commission approval.

The resolution shall be accompanied by an exact copy of the adopted amendment.

(b) A summary of the measures taken to provide the public and affected agencies and districts maximum opportunity to participate in the LCP amendment process, a listing of members of the public, organizations, and agencies appearing at any hearing or contacted for comment on the LCP amendment; and copies or summaries of significant comments received and of the local government response to the comments.

(c) All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data, related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal Act. Written documents should be readily reproducible.

(d) A discussion of the amendment's relationship to and effect on the other sections of the certified LCP.

(e) An analysis that demonstrates the amendment's conformity with the requirements of Chapter 6 of the Coastal Act (beginning with Section 30500).

(f) Any environmental review documents, pursuant to the California Environmental Quality Act, required for all or any portion of the amendment to the LCP.

(g) An indication of the zoning measures that will be used to carry out the amendment to the LCP Land Use Plan (unless submitted at the same time as the amendment to the Land Use Plan).

(Ord. No. 4451, § 9, 12-11-2012)

After the Coastal Commission, in accordance with its own regulations, reviews and takes action on an amendment request submitted by the County, the Commission will transmit its decision to the County after such review. The Board of Supervisors must acknowledge receipt of the Coastal Commission's resolution, including any terms and conditions; accept and agree to any such terms and conditions; and take whatever formal action is required to satisfy those terms and conditions. If the Board does not agree to the Coastal Commission's terms and conditions, the following options are available to the County:

(a) Resubmit the request with additional reasons or evidence to indicate why such terms and conditions are unnecessary.

(b) Modify the amendment request in such a manner as to render the terms and conditions unnecessary, and resubmit if appropriate.

(c) Propose alternative terms and conditions that still meet the Coastal Commission's intent.

(d) Withdraw the request.

(Ord. No. 4451, § 9, 12-11-2012)

An amendment of the Coastal Zoning Ordinance shall not:

(a) Alter an approved Categorical Exclusion Order;

(b) Authorize the exclusion of any category of development not excluded by a Categorical Exclusion Order; or

(c) Alter the geographic boundaries of the exclusion areas.

In the event an amendment of the Coastal Zoning Ordinance is certified by the Coastal Commission, development shall comply with the amended Ordinance, except where the terms and conditions of an approved Categorical Exclusion Order specify more restrictive development criteria. In such cases the Categorical Exclusion Order shall prevail.

(Ord. No. 4451, § 9, 12-11-2012)

LCP Amendment No. 1-2007 to the LCP changed a portion of land, not to exceed 2.9 acres in size, designated Coastal Commercial in the South Coast Area to a residential designation. To offset the change to a lower priority land use designation, the Coastal Area Plan (LUP) requires a payment of a fee by the project proponent. The mitigation fee shall be used for the provision of lower cost overnight visitor serving accommodations providing new lower cost overnight accommodations within the Coastal Zone of Ventura County, the Santa Monica Mountains (Ventura and Los Angeles Counties), or the City of Malibu. The mitigation fee shall be in the amount of five hundred fifty seven thousand eighty four dollars ($557,084.00) to offset the loss of the priority land use in the South Coast Area.

(Add. Ord. 4391—9/23/08)