Chapter 17.94
Local Coastal Program Amendments
Sections:
17.94.020 Initiation of Amendment
17.94.030 Processing, Notice, and Hearing
17.94.040 Planning Commission Action on Amendment
17.94.050 Council Action on Amendment
17.94.060 Findings and Decision
17.94.090 LCP Amendment to Accommodate On-shore Facilities
17.94.010 - Purpose of Chapter
This Chapter provides procedures for the amendment of the Local Coastal Plan, including the General Plan for the Coastal Zone, this Development Code, and the Zoning Map whenever the Council determines public necessity and general welfare, or protection of coastal resources require an amendment, or where required by specific policies in the General Plan by following the procedures specified in this Chapter. For purposes of this Chapter, amendments of a certified Local Coastal Program includes, but is not limited to, any action by the City that authorizes the use of a parcel of land for a use not designated in the certified Local Coastal Program as a permitted use of the parcel. Such amendments will not take effect until effectively certified by the Coastal Commission.
17.94.020 - Initiation of Amendment
An amendment to the LCP may be initiated by:
A. Resolution of the City Council; or by
B. Resolution of intention of the Planning Commission;
C. Any person authorized to undertake a public works project or proposing an energy facility development may request to amend the local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within such certified local coastal program that had not been anticipated by the person making the request at the time the Local Coastal Program was before the Coastal Commission for certification (please see Section 17.94.090(A)).
D. The owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application.
17.94.030 - Processing, Notice, and Hearing
A. Contents of Amendment Applications. The amendment application shall include:
1. A summary of the measures taken to provide the public and affected agencies and districts maximum opportunity to participate in the LCP amendment process, except for amendments initiated under Section
2. 17.94.020 (C) or (D); a listing of members of the public, organizations, and agencies appearing at any hearing or contacted for comment on the LCP; and copies or summaries of significant comments received and of the City’s response to the comments.
3. 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. An amendment to a land use plan shall include, where applicable, a readily identifiable public access component as set forth in California Code of Regulations Section 13512.
4. The application shall be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys, public easements or Offers to Dedicate Public Easements and all lots and parcels of land within a distance of five hundred feet from the exterior boundaries of the property involved. The accuracy of such map shall be the responsibility of the applicant.
5. A discussion of the amendment’s relationship to and effect on the other sections of the certified LCP.
6. An analysis that meets the requirements of California Code of Regulations Section 13511 that demonstrates conformity with the requirements of Chapter 6 of the Coastal Act.
7. Any environmental review documents, pursuant to CEQA, required for all or any portion of the amendment to the LCP.
8. An indication of the zoning measures or implementation that will be used to carry out the amendment to the Coastal General Plan (unless submitted at the same time as the amendment to the Coastal General Plan).
B. Public hearings required. After the filing and initial processing of a proposed amendment in compliance with Chapter 17.70 (Permit Application Filing and Processing), the Commission and Council shall each conduct one or more public hearings regarding the amendment. Notice of a public hearing shall be provided, and hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
C. Comprehensive plan requirement. Prior to the filing of a proposed LCP amendment for a site designated Timber Resources Industrial, a comprehensive planning process shall first be completed in compliance with Coastal General Plan Land Use Policies LU 7.1 and LU 7.2..
(Ord. 937, § 2, passed 05-14-2018)
17.94.040 - Planning Commission Action on Amendment
After the public hearing, the Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based on the findings identified in Section 17.94.060 (Findings and Decision).
17.94.050 - Council Action on Amendment
A. Approval or disapproval. Upon receipt of the Planning Commission’s recommendation, the Council shall conduct a public hearing and either approve, approve in modified form, or disapprove the proposed amendment based on the findings identified in Section 17.94.060 (Findings and Decision).
B. Referral to Commission. If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Coastal Commission, the proposed modification shall be first referred to the Coastal Commission for its recommendation, in compliance with State law (Government Code Sections 65356 and 65857).
17.94.060 - Findings and Decision
An amendment to the General Plan, this Development Code, or the Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment.
A. Findings for General Plan amendments.
1. The amendment is internally consistent with all other provisions of the General Plan and any applicable specific plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
3. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
B. Findings for Development Code and Zoning Map text amendments.
1. Findings required for all Development Code and Zoning Map text amendments:
a. The proposed amendment is consistent with the General Plan and any applicable specific plan; and
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
2. Additional finding for Development Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Development Code.
3. Additional finding for Zoning Map amendments: The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the requested zoning designation and the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
17.94.070 - Effective Date
An LCP amendment shall not take effect until the amendment has been certified by the Coastal Commission in compliance with the Coastal Act.
17.94.090 - LCP Amendment to Accommodate On-shore Facilities
A. Intent and purpose. An amendment to the City’s LCP to allow the development, construction, or installation of on-shore facilities intended to support off shore oil and gas exploration or development may be approved by the City only after a vote of the people of the City. If such an amendment is denied by the City, then Section 30515 of the Coastal Act allows, in specified circumstances, a person proposing an energy facility development to file a direct request to the Coastal Commission to amend a Local Coastal Program.
B. Definition of on-shore facilities. For the purposes of this Section, the term “on-shore facilities” shall include the following terms:
1. Pipelines and pipeline facilities. Pipelines, pipeline landfalls, and other related methods by which crude oil and gas are transported to crude oil and gas processing and support facilities.
2. Staging areas. Facilities, yards, and other areas designated for the purpose of transporting equipment to be used in or personnel employed in the construction or operation of oil drilling facilities.
3. Storage facilities. Facilities for the purpose of storing crude oil and gas, including tank farms, or storing chemical, cuttings, drilling muds, produced waters, and other toxic materials used in the production of oil and gas products.
4. Waste disposal facilities. Facilities for the purpose of disposing of cuttings, drilling muds, and produced waters generated in the course of drilling oil and gas wells.
C. Process for approval of on-shore facility.
1. Voter approval required. When a person proposes the development of an on-shore facility relating to the exploration or development of off shore oil or gas resources, and requests an amendment to the City’s certified LCP to facilitate the development, the Council’s determination that the proposed amendment is in conformity with the policies of the Coastal Act, and that the certified LCP should be amended to incorporate the development, shall not become effective unless a majority of the electors of the City, in a general or special election, approve the proposed amendment, unless such amendment is approved by the Coastal Commission pursuant to Section 30515 of the Coastal Act.
2. Responsibility for election costs. The Council is hereby authorized and directed to enact any further ordinances or regulations necessary to give effect to this Subsection, and specifically to require that the person seeking an amendment to the City’s certified LCP shall pay, to the extent allowed by law, all costs associated with the required special or general election.
3. Intent of referendum.
a. Council actions in connection with LCP amendment. The referendum required by this Subsection is intended for only those legislative acts that may be validly exercised by the Council in connection with the amendment of the City’s certified LCP to provide for the development of on-shore facilities to support off shore oil and gas exploration and development.
b. Activity regulated by Federal or State law. Neither this Section nor this Subsection is intended, and shall not be construed, to apply to any activity or program that is regulated by Federal or State law to the extent that the application of this Section or Subsection would conflict with the law or would unduly interfere with the achievement of Federal or State regulatory activities.
c. Compatibility with Federal and State enactments. It is the intent of the Council and the people of Fort Bragg that this Section shall be interpreted to be compatible with Federal and State enactments and in furtherance of the public purposes which those enactments express.