The purpose of this chapter is to establish guidelines and procedures for adoption and amendment of the Local Coastal Program in compliance with the California Coastal Act.
(Ord. 5429 § 7, 2022)
Chapter 18.60 SCCC includes SCCC sections that were previously located in Chapter 13.03 SCCC.
(Ord. 5429 § 7, 2022)
This chapter defines the various components of the County's Local Coastal Program and what constitutes an amendment to the program. The regulations require the County to establish a Local Coastal Program consistent with the State Coastal Act; provide procedures for program amendment including public notice, hearing, approval, and certification; and include amendment criteria from the Local Coastal Program Land Use Plan.
(Ord. 5429 § 7, 2022)
Any revision to this chapter shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. When a chapter revision constitutes an amendment to the Local Coastal Program, such revision shall be processed pursuant to the hearing and notification provisions of this chapter and shall be subject to approval by the California Coastal Commission.
(Ord. 5429 § 7, 2022)
All terms used in this chapter shall be as defined in the County General Plan and the Local Coastal Program Land Use Plan except as defined below:
(A) "Resource and constraint maps"
mean the maps adopted as a part of the Local Coastal Program Land Use Plan designating resources and constraints in the Coastal Zone and including designations of sensitive habitats, biotic resources, prime agricultural land, timber resources, geologic hazards, water resources, and visual resources.
(Ord. 5429 § 7, 2022)
(A)
Program Adoption. The Planning Department shall prepare, the Planning Commission shall review, develop, and recommend, and the Board of Supervisors shall adopt, a Local Coastal Program for the Coastal Zone of the County in fulfillment of the requirements of the California Coastal Act (California Public Resources Code Section 30000, et seq.).
(B)
Program Components. The Santa Cruz County Local Coastal Program shall consist of the following components:
(1)
The land use plan consisting of the policy text and the adopted land use, resource, constraint, and shoreline access maps and charts. The land use plan, including all adopted tables, maps, and definitions, shall be adopted as part of the County General Plan and become an integral part thereof pursuant to Chapter 18.50 SCCC. The Land Use Plan policies and maps shall take precedence over any policies and maps previously adopted for the Coastal Zone portion of the County.
(2)
The implementing ordinances consisting of the following County Code chapters:
Table 18.60.050-1: Local Coastal Program Implementing Ordinances | |
|---|---|
Chapter 7.38 SCCC | Sewage Disposal |
Chapter 7.70 SCCC | Water Wells |
Chapter 7.73 SCCC | Individual Water Systems |
Chapter 7.78 SCCC | Preservation of Monterey Bay and Coastal Water Quality: Regulation of Wastewater Discharge |
Chapter 12.01 SCCC | Building Permit Regulations |
Chapter 12.06 SCCC | Demolition or Conversion of Residential Structures |
Chapter 13.10 SCCC | Zoning Regulations |
Chapter 13.11 SCCC | Site Development and Design Review |
Chapter 13.14 SCCC | Rural Residential Density Determinations |
Chapter 13.16 SCCC | Parking and Circulation |
Chapter 13.20 SCCC | Coastal Zone Regulations |
Chapter 14.02 SCCC | Condominium and Townhouse Conversion Regulations |
Chapter 15.01 SCCC | Park Land Dedication or Fees in Lieu Thereof |
Chapter 15.05 SCCC | Trail and Coastal Access Dedication, Standards, and Review |
Chapter 15.10 SCCC | Roadway and Roadside Improvements |
Chapter 16.10 SCCC | Geologic Hazards |
Chapter 16.13 SCCC | Floodplain Management Regulations |
Chapter 16.20 SCCC | Grading Regulations |
Chapter 16.22 SCCC | Erosion Control |
Chapter 16.30 SCCC | Riparian Corridor and Wetlands Protection |
Chapter 16.32 SCCC | Sensitive Habitat Protection |
Chapter 16.34 SCCC | Significant Trees Protection |
Chapter 16.40 SCCC | Native American Cultural Sites |
Chapter 16.44 SCCC | Paleontological Resource Protection |
Chapter 16.50 SCCC | Agricultural Land Preservation and Protection |
Chapter 16.52 SCCC | Timber Harvesting Regulations |
Chapter 16.54 SCCC | Mining Regulations |
Chapter 17.02 SCCC | Urban Services Line and Rural Services Line |
Chapter 17.04 SCCC | Annual Population Growth Goal for Santa Cruz County |
Chapter 18.10 SCCC | Discretionary Permit Approval Procedures |
Chapter 18.20 SCCC | Requests for Reasonable Accommodation |
Chapter 18.30 SCCC | Planned Unit Developments |
Chapter 18.40 SCCC | Zoning Map and Zoning Ordinance Text Administration |
Chapter 18.50 SCCC | General Plan Administration |
Chapter 18.60 SCCC | Local Coastal Program Administration |
Chapter 18.70 SCCC | Specific Plan Administration |
Chapter 18.80 SCCC | Development Agreements |
(3)
Any specific plan affecting portions of the Coastal Zone as may be adopted by the County.
(Ord. 5429 § 7, 2022; Ord. 5443 § 11, 2024)
The adopted and certified Local Coastal Program (LCP) forms the legal standard of review for issuance of Coastal Development Permits (CDP) within the County's Coastal Zone and is legally binding on the County. In the case of any conflict between the requirements of the LCP and any other local regulation, the requirements of the LCP and the Coastal Act shall take precedence. In the case of any conflict between the Land Use Plan (LUP) and the Implementation Plan, then the LUP shall take precedence.
(Ord. 5443 § 12, 2024)
(A)
Actions Constituting Amendment. 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:
(1)
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.
(2)
Any revision to the chapters listed in SCCC § 18.60.050(B)(2) which affects the Coastal Zone.
(3)
Any zone district change in the Coastal Zone pursuant to Chapter 13.10 SCCC except for a rezoning to a district consistent with the adopted land use plan designation as specified in Table 13.10.170-1.
(4)
The adoption or amendment of any specific plan which affects the Coastal Zone.
(B)
Amendment Initiation. Local Coastal Program amendments may be initiated at any time in accordance with Chapter 18.10 SCCC procedures for initiation of land use legislative matters, by an application from any person or public agency, or by the Board of Supervisors upon its own motion or upon the recommendation of the Planning Commission, or by the Planning Director as needed to ensure consistency with applicable State law and to maintain internal consistency of the Local Coastal Program.
(C)
Amendment Frequency. Local Coastal Program amendment submittals may be made no more than three times per year to the California Coastal Commission. Each amendment submittal may include several different changes.
(D)
Amendment Application. An application to amend the Local Coastal Program shall 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. Application, notice, and processing procedures shall be in accordance with the requirements of Chapter 18.10 SCCC, Discretionary Permit Approval Procedures, for actions on legislative matters with the Board of Supervisors as the approving body.
(Ord. 5429 § 7, 2022)
(A)
Notice Recipients. Notice of public hearing for a Local Coastal Program amendment shall be provided a minimum of 10 calendar days prior to the public hearings before the Planning Commission and the Board of Supervisors in accordance with Chapter 18.10 SCCC. SCCC requirements for land use legislative matters and a mailed notice shall also be sent to the local district office of the Coastal Commission.
(B)
Notice Contents. The public notice shall include the following information:
(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. 5429 § 7, 2022)
(A)
Approval. The Planning Commission shall hold at least one public hearing on a proposed Local Coastal Program amendment following public notice pursuant to SCCC § 18.60.070. The Planning Commission may recommend approval of the proposed amendment by a resolution based on a majority vote of its full membership. The resolution shall constitute a recommendation to the Board of Supervisors and shall include the following:
(B)
Denial. If the Planning Commission recommends against a proposed amendment, its action shall be final unless the matter is subsequently considered upon appeal or special consideration by the Board of Supervisors pursuant to the procedures of SCCC § 13.10.240 et seq., or unless the matter was originally initiated by the Board.
(Ord. 5429 § 7, 2022)
(A)
Public Hearing. In order to consider the Planning Commission recommendation, the Board of Supervisors shall hold at least one public hearing on the proposed amendment following completion of public notice requirements that apply to legislative matters pursuant to SCCC § 18.60.070. The Board of Supervisors shall consider the proposed amendment, along with any modifications thereto that may be recommended by the Planning Commission.
(B)
Action on Planning Commission Recommendation. The Board of Supervisors may approve, modify, or disapprove the proposed or recommended Local Coastal Program amendment; provided, that any modification not previously considered by the Planning Commission shall be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a publicly noticed public hearing to consider the Board's intended modification, and failure of the Planning Commission to report within 40 days shall constitute Planning Commission support for the modification.
(C)
Approval. The Board of Supervisors may approve a Local Coastal Program amendment in the form of a resolution containing the statement and findings of SCCC § 18.60.080(A). An amendment approved by the Board shall not be effective until certified by the California Coastal Commission.
(Ord. 5429 § 7, 2022)
(A)
Following approval by the Board of Supervisors, a Local Coastal Program amendment shall be submitted to the California Coastal Commission accompanied by a full administrative record of the Board hearings including:
(1)
A copy of the approved amendment including policies, maps, ordinances, etc., as adopted, including a copy of the approved amendment showing the proposed amendment additions and deletions in relation to the existing Local Coastal Program provisions (i.e., a "strikethrough/underline" version).
(2)
A copy of the public notice with a list of all persons and entities noticed, including the mailing lists used for these notices with mailing and/or email addresses.
(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 response, a discussion of the proposed amendment's relationship to and effect on the other sections of the certified Local Coastal Program, an indication of any zoning measures to be used to carry out the amendment, and an analysis of how the amendment is consistent with and adequate to carry out the coastal resource protection policies of Chapter 3 of the Coastal Act.
(4)
A copy of the adopting resolution including statements and findings supporting the amendment.
(Ord. 5429 § 7, 2022; Ord. 5443 § 13, 2024)
In addition to conforming with the coastal resource protection policies of Chapter 3 of the Coastal Act, the following criteria shall apply to amendment to the Local Coastal Program Land Use Plan:
(A)
Rural Services Line. The rural services line shall not be expanded within the Coastal Zone to accommodate additional new urban density residential development.
(B)
Recreation. New park and recreation designations for commercial recreation uses in rural areas of the Coastal Zone shall be compatible with adjacent land uses, and consistent with available infrastructure, agricultural, visual and natural resource protection, and other Local Coastal Plan policies and may only be approved when there are no feasible locations for such use in existing urban areas.
(C)
Neighborhood Commercial. New neighborhood commercial designations in residential areas of the Coastal Zone shall only be allowed where a local need and market exists as determined by a market assessment commensurate in scale to the proposed project and conducted as part of the environmental assessment.
(D)
Agriculture. The conversion of agricultural lands within the Coastal Zone (changing the land use designation from agriculture to non-agriculture uses) around the periphery of urban areas shall not be permitted except where the conversion is consistent with the provisions of SCCC § 13.10.314 and § 16.50.050(E), with respect to conversion of agricultural land to non-agricultural uses.
(E)
Resource-Based Industries. Designation of new resource-based industry shall be allowed within the Coastal Zone only where the following findings can be made:
(1)
The site is adequate and appropriate for the proposed use.
(2)
The project is compatible with available service infrastructure, surrounding uses, and the existing local economy.
(3)
The development is consistent with all applicable Local Coastal Program resource protection policies and use priorities.
(F)
Light Industry. Designation of new light industry within the Coastal Zone shall be allowed only where the following findings can be made:
(1)
No other feasible alternative sites exist.
(2)
There is a demonstrated need for new sites.
(3)
The site is not suitable or designated for Local Coastal Program priority uses.
(4)
A compelling public need is demonstrated.
(5)
Development of the site would be consistent with all Local Coastal Program resource protection policies.
(G)
Heavy Industry—Application Requirements. The following information shall be submitted as a part of any Local Coastal Program amendment request to permit heavy industry within the Coastal Zone:
(1)
Documentation demonstrating that the proposed use is coastal-dependent.
(2)
A plot plan of the entire area under lease or ownership showing relationship of proposed facilities to ultimate development of all facilities.
(3)
A map showing relationship of proposed facilities to other buildings, structures and/or natural or artificial features, including sensitive habitats, prime agricultural lands, commercial fisheries, tourist-dependent resources, recreational areas, scenic resources, and archaeologically sensitive sites within 1,000 feet of the facilities.
(4)
A plan for the consolidation, to the maximum extent feasible, of facilities.
(5)
A phasing plan for the staging of development which indicates the approximate anticipated timetable for project installation, completion and for decommissioning, where appropriate.
(6)
A plan for eliminating adverse impacts on habitat areas, prime agricultural lands, tourist-dependent resources, commercial fisheries, recreational areas, scenic resources, archaeologically sensitive sites, neighboring residents, and neighborhood character due to siting, construction, or operation of facilities.
(7)
Plans and profiles of any major grading required for construction and production.
(8)
Procedures for the abandonment and restoration of the site which indicate restored contours of the land, topsoil replacement, and revegetation upon abandonment, unless abandonment-in-place is determined to be less environmentally damaging.
(H)
Heavy Industry—Requirements for Approval. Designation of new coastal-dependent heavy industry shall be allowed only where the following findings can be made:
(1)
The proposed use is coastal-dependent.
(2)
Alternative locations are infeasible or more environmentally damaging.
(3)
National economic and security interests would be significantly adversely affected by not approving the proposed project.
(4)
Adverse environmental effects will be mitigated to the maximum extent feasible.
(5)
The proposed industrial use is consistent with Local Coastal Program policies.
(6)
Compensation is provided for losses to the local economy resulting from the impacts of the proposed project.
(7)
An analysis of the visibility of proposed facilities from off-site public viewing areas has been submitted and a landscape plan to minimize this visibility, including methods and materials for screening, such as fencing, plant species, depression below grade, or other methods will be implemented.
(8)
Procedures for the transport and disposal of all solid and liquid wastes will be adequate to protect the environment.
(9)
Fire prevention procedures meet all requirements of the local fire official.
(10)
The project will comply with the air quality regulations of the Monterey Bay Air Pollution Control District and other applicable air quality regulations.
(11)
Local infrastructure, including water, sewer, fire protection, and road capacity, is adequate to service project needs. Water conservation techniques will be utilized by the project.
(I)
Energy Facilities—Application Requirement. The following information shall be submitted, in addition to the requirements of subsection (H) of this section, as a part of any request for amendment of the Local Coastal Program to permit energy facilities within the Coastal Zone:
(1)
The location of oil and gas wells on the plot plan.
(2)
Plans for the maximum consolidation of facilities, including consolidation with other operators.
(3)
Plans detailing grading required for pad and road construction.
(4)
Contingency plan for oil and toxic substances spillage indicating the location and type of cleanup equipment available, the response time required for deployment of the equipment, and the designation of management responsibility. The information must demonstrate that the cleanup, disposition of wastes, and reporting procedures are fully adequate to provide effective containment of any spillage without significant damage to coastal resources for the maximum spillage predicted, based on weather conditions equal to 50 percent of the predicted "worst case" weather conditions.
(J)
Energy Facilities—Requirements for Approval. In addition to complying with all other stated land use plan policies, amendments to the Local Coastal Program Land Use Plan to permit the location of energy facilities shall only be allowed where the following findings can be made:
(2)
Adequate infrastructure and public services are available including, but not limited to, water, sewer, fire protection, road capacity, law enforcement, and medical services.
(3)
The use would provide full protection of sensitive habitat areas, commercial fishing, recreational, and agricultural uses.
(4)
The use would be visually compatible with and have minimum disruption of viewsheds.
(5)
The use would be consistent with Federal, State, and local air quality regulations.
(6)
Where the energy facility is for an onshore facility serving offshore oil development, a vote of the people will be required.
(Ord. 5429 § 7, 2022; Ord. 5443 § 14, 2024)