Chapter 17.41
COASTAL ZONING

Sections:

17.41.010    Introduction.

17.41.020    Beach access.

17.41.030    Vertical accessways.

17.41.040    Vernal pond accessways.

17.41.050    Lateral access.

17.41.060    Standards for coastal protection structures.

17.41.070    Habitat protection.

17.41.080    Housing.

17.41.090    Administrative procedures for coastal permits.

17.41.100    Minimum habitat mitigation/restoration plan requirements.

17.41.110    Definitions.

17.41.120    General coastal zoning regulations.

17.41.130    O or open space district.

17.41.140    PF or public facilities district.

17.41.150    R-1 or single-family residential district.

17.41.160    C-D or coastal conservation and development district.

17.41.170    K or agricultural residential district.

17.41.180    PC or planned commercial district.

17.41.190    SU or Coastal Zone secondary use combining district.

17.41.200    C-P or coastal development permit combining district.

17.41.210    Parking requirements.

17.41.220    Variances.

17.41.230    Use permits.

17.41.240    Site and architectural design review.

17.41.250    Nonconforming uses.

17.41.260    Surface mining and reclamation standards.

17.41.270    Appeals.

17.41.280    Amendments.

17.41.290    Signs.

17.41.300    Enforcement, legal procedures, penalties.

17.41.310    Repealing.

17.41.320    Validity.

17.41.330    Reference.

17.41.340    Enactment.

17.41.010 Introduction.

As provided by the California Coastal Act of 1976, a local coastal program consists of two major parts: the land use plan, and the implementation measures needed to carry it out. Accordingly, the Marina local coastal implementation plan (LCIP) describes the various measures needed to carry out the Marina local coastal land use plan (LCLUP). Together, the LCLUP and LCIP comprise the local coastal program (LCP) for the city of Marina. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.020 Beach access.

One purpose of the local coastal implementation plan is to identify those measures needed to carry out the access component of the LCP. The California Coastal Act requires that access be provided both to and along the coast. These two kinds of access are:

A.    Vertical, perpendicularly from the nearest public road to the sandy beach frontage; and

B.    Lateral, along the sandy beach frontage parallel to the water’s edge.

C.    A third type of access discussed in the Marina local coastal land use plan is vernal pond access. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.030 Vertical accessways.

A.    There are three vertical access points recommended in the Marina local coastal land use plan; two are located on property owned by the California Department of Parks and Recreation. These two beach accesses now exist at Lake Court and Reservation Road. The plan proposes that they be improved by the State Department of Parks and Recreation. Timing of this improvement is dependent upon available funding. Expectations of the type and level of development at these accessways is outlined in Marina’s local coastal land use plan. Since any development on this site by the State Department of Parks and Recreation will require a coastal development permit, issued by the city of Marina, standards and expectations expressed in the plan will be complied with.

B.    The third vertical access discussed in the plan is located on private property adjacent to the west side of Dunes Drive. Three privately-owned parcels have frontage on the west side of the existing portion of Dunes Drive. If the road is extended, additional properties will be served and will share the proposed access. The Monterey Sand Company’s dragline can obstruct nonpedestrian lateral beach access in the area. The Dunes Drive access is proposed to be the only equestrian beach access in the city; horseback riding is prohibited on the state beach to the south of the dragline. The Dunes Drive beach access needs to be located on the north side of the dragline.

C.    The accessway easement should be at least ten feet wide and should extend from Dunes Drive to the mean high water line. Title to the land and improvements within the easement area may be retained by the property owner. Only the access rights need be conveyed to a public agency.

D.    The primary access objective in the Dunes Drive area is for one improved access. This access may be provided by cooperation among property owners potentially required to provide access. If no cooperation occurs, at the time of development each property owner must grant an access easement to the city. The city may in turn determine at the time it issues the coastal development permit, which easement or easements should be developed and which retained for future access needs. If a developed access already exists at the time a development proposal is filed, the property owner may pay a fee in lieu of providing an access easement providing the fee is determined by the city to be appropriate. These fees will be deposited into a restricted fund established by the city council to be used for access improvement, maintenance and beach parking.

E.    An environmental assessment should precede siting and improvement of a beach accessway in this area. At a minimum, the study should address the possible impacts on rare and endangered plant and animal species, geophysical effects of construction and use, public safety, maintenance and alternative locations within the area, management and mitigation measures.

F.    When private property owners are required by the subdivision ordinance and/or local plans to provide developed coastal vertical accessways, it is important that the facilities actually are put in place. To insure construction, the planning department shall make a prefinal field check to verify compliance with accessway conditions of the local coastal development permit. The prefinal inspection should not be approved and utility connection to the proposed development should not be allowed until access structures are in place and easements are recorded or in-lieu fees have been paid to the city. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.040 Vernal pond accessways.

A.    A unique aspect of Marina’s Coastal Zone are the vernal ponds. Most of these seasonal lakes support wetlands which provide wildlife habitat during the migration and breeding season of various species. Two of these ponds are in public ownership and protected by fences against human intrusion. One of the ponds, Number Three, has no marsh. Number Four, west of Dunes Drive, and Number Two, on the north side of Reservation Road, have potential for nature observation facilities. However, before such use should be considered an environmental assessment should be undertaken to determine what level of use, if any, the habitat and pond itself can sustain. Since these vernal ponds are unique in California in their geologic character and proximity to the ocean, use even for nature observation should not be encouraged unless it can be demonstrated that it will not have an unmitigatable adverse effect on the area.

B.    Because these areas are defined as wetlands in the California Coastal Act, a one hundred-foot protective setback will be required from the outer edge of the wetlands and any coastal permit issued for development, including walkways for observation, will have to comply with the policies and recommendations laid out in the local coastal land use plan (see conclusions section of the LCLUP and habitats section of the LCIP). These ponds, their wetlands and one hundred-foot setbacks will also be included in the city of Marina’s coastal permit appeal zone. Therefore any local decision regarding development within this area will be appealable to the State Coastal Commission. (See Appeals section). (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.050 Lateral access.

A.    Lateral access, or access parallel to the water line on the sandy beach frontage, is presently virtually uninterrupted in Marina. The only obstruction is the Monterey Sand Company’s dragline. When it is not operating, a pedestrian can easily step between the cables. As consistent with the Coastal Act, a balance between public access and operation of a coastal dependent use should be planned so that the needs of both are compatible.

B.    About one-third of Marina’s sandy beach frontage is already in state ownership as a part of Marina state beach. The remaining two-thirds is in a number of private ownerships, several of these are very large.

C.    It shall be the city’s intent to require that continuous public lateral access shall be maintained along the shoreline. Lateral access easements or dedications should extend inland from the water line to include the inland edge of the sandy beach frontage. The depth and extent of this area may vary along the beach, but it can easily be identified by a qualified professional. Therefore, the depth of these easements shall be determined by the city at the time alternative use or development is proposed for a site. Sand mining companies are currently extracting sand from or across this area. In accordance with the LCLUP all beach front parcels that are used for sand mining may satisfy the requirement for lateral access by the recordation of a deed restriction on the property. The deed restriction shall consist of a covenant executed by the property owner which shall be recorded on the title to the property and shall bind all successors-in-interest and shall run with the land until such time as a use other than sand mining is approved. The deed restrictions shall contain provisions limiting public access to protect the safety of the public and to ensure that use of the property for sand mining is not inhibited, but only to the extent that such limitations are reasonable and necessary for the safe conduct of the sand mining operations. At such time as a use other than sand mining is approved the property owner shall execute and record an irrevocable offer to dedicate a lateral access easement.

D.    Lateral access easements may be dedicated to the city or to the state. The coastal commission has established a process whereby such easements can be offered to state agencies. An offer to dedicate to the state would relieve the city of any potential liability for adjacent property damage as well as placing the operation and maintenance responsibility for this area with the state. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.060 Standards for coastal protection structures.

A.    Except for a few facilities associated with sand mining, there currently is little capital investment to be threatened by erosion along Marina’s shoreline. The face of the dunes is subject to wave erosion, so future development shall be placed beyond the area vulnerable both to wave erosion and tsunami hazard. This setback shall be great enough to protect the economic life of the proposed development (at least fifty years) and be east of the tsunami hazard zone. The exact extent of this setback shall be determined by a qualified geologist, selected from an approved list compiled and maintained by the city. Because of variation from site to site, the setback line shall be determined at the time development of a site or parcel is proposed.

B.    Protective structures are not recommended in Marina; however, if they should ever be necessary, standards shall be established to insure that the type of protection, location, design and other factors are considered. In determining if it is suitable to issue a coastal permit for a shoreline structure, the following shall be addressed: (1) alternatives to a protective structure shall be determined and evaluated by appropriate specialists first; and (2) an EIR/EIS shall be required on the proposed structure. The EIR/EIS shall address specific issues of Local Coastal Land Use Plan concern, construction and maintenance. The environmental evaluation and mitigations shall be prepared by qualified specialists and shall address at a minimum the following specific issues and design considerations.

C.    Specific Issues.

1.    Demonstrate the need for a protective structure, review alternatives and determine why each alternative is unsuitable.

2.    Evaluate the impact on sand migration and replenishment, potential changes in erosion rates elsewhere along the coast resulting from the proposed construction, removal of dune vegetation, drainage, etc.

3.    Evaluate the impact of the protective structure on beach use (does it block or obstruct the sandy beach, etc.; what will the shoreline look like from land and sea, etc.?)

4.    Determine the effect of the structures presence on recreation uses.

5.    Determine the effect of the structure on access to and along the beach or shoreline; determine that level of access provided will be consistent with the city’s local coastal policies.

6.    Determine effects of protective structure on rare and endangered species in the foredune and dune area.

D.    Design Considerations.

1.    Mitigate identified environmental impacts, particularly with respect to sand migration patterns, additional shoreline and wind erosion problems which might result from the project, and loss of habitat for rare and endangered plant and animal species.

2.    Safe public access shall be designed into the protective structure, so that movement along the beach parallel to the water will remain possible at all water levels. If the proposed structure will cross a vertical access corridor identified by the access component of the LCLUP, access from the nearest public road to the shoreline across the protective structure shall also be provided.

3.    Surfaces creating an uneven, rugged or textured appearance to break the force of the water should be used as much as feasible.

4.    Structures shall be designed to physically and visually blend into the area protected. Consideration shall be given to texture, materials, color, view from and to the sea, etc.

5.    Drainage from land to sea shall be evaluated and necessary structural accommodations made.

E.    Mitigations for these effects and others identified in the EIR/EIS for each proposed shoreline structure shall be required to be met by the project prior to issuing a coastal permit for construction. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.070 Habitat protection.

A.    Much of the Marina Coastal Zone either is environmentally sensitive because of the presence of rare and endangered species or has the potential for supporting a rare and endangered species. In Marina, environmentally sensitive habitats include, but are not limited to areas of undisturbed native dune vegetation, vernal ponds and vernal pond wetlands. The potential habitat map in the LCLUP reveals areas where such plant and animal habitats are to be found. The precise limits of such habitats shall be confirmed by professional on-site evaluation at the time development is proposed and before a coastal development permit is issued.

B.    In addition to indicating the location of primary habitat areas for rare and endangered plant and animal species (which are to be protected), the evaluation shall address protective measures, such as setbacks, restoration of habitat areas where natural dune landform remains, and limitations to uses in secondary and/or support areas which are necessary to the health of the identified primary habitat area. Because of the variety of plants and animals involved, the secondary or support area will have to be individually identified and specifically protected on a site-by-site or case-by-case basis. For this reason, it is important that the city establish a list of biologists qualified to prepare habitat evaluation reports within the city’s Coastal Zone. Developers may then choose specialists from these lists.

C.    In the case of wetlands, the biologists will have to determine the extent and landward boundary of the wetland. The biologist will then establish a one hundred-foot setback line from the boundary of the wetland. This entire area, pond, wetland and setback, will be subject to coastal development permit requirements as well as being in the coastal permit appeal zone.

D.    In the case of dune habitat areas, the environmental analysis report prepared for this plan identified a number of plant and animal species which are locally or generally rare, endangered, threatened, or are necessary for the survival of an endangered species. The habitats of these species, collectively referred to throughout this plan as “rare and endangered,” warrant protection as environmentally sensitive.

E.    While future scientific studies may result in addition or deletion of species, the list presently includes:

1.    Smith’s Blue Butterfly (Shijimiaeoides enoptes smithi);

2.    Globose Dune Beetle (Coelus globosus);

3.    Black Legless Lizard (Anniella pulchra nigra);

4.    Salinas Kangaroo Rat (Dipodomys Heermanni Goldmani);

5.    Seaside Painted Cup (Castilleja latifolia ssp. latifolia);

6.    Monterey Spine Flower (Chorizanthe pungens var. pungens);

7.    Eastwood’s Ericameria (Ericameria fasciculata);

8.    Coast Wallflower (Erysimum ammophilum);

9.    Menzies’ Wallflower (Erysimum menziesii);

10.    Coastal Dunes Milk Vetch (Astragalus tener var. titi);

11.    Dune Gilia (Gilia tenuiflora var. arenaria);

12.    Wild Buckwheat (Eriogonum latifolium)*;

13.    Wild Buckwheat (Eriogonum parvifolium)*;

14.    Bush Lupine (Lupinus ssp.)+. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

*    only within the range of Smith’s Blue Butterfly.

+    only within the range of the Black Legless Lizard.

17.41.080 Housing.

A.    Residential uses in the Marina Coastal Zone are limited to the area east of Highway 1, adjacent to the vernal ponds. Residential densities of four to eight dwelling units to the acre are proposed. Since public purchase of all the vernal ponds, their wetlands and their protective setbacks (at least one hundred feet) is unlikely, the LCLUP provides that residential uses in this area be clustered on portions of sites which would least affect the wetlands and would protect other environmentally sensitive or visually significant attributes of the sites, as described in the LCLUP.

1.    Clustering would also provide economies of construction which would encourage moderately priced, energy saving housing.

2.    The city is currently in the process of approving and submitting to the state its housing element. This element includes a locally recognized fair-share obligation and an action program committing the city to housing programs which will enable them to achieve their regional fair-share obligation.1

3.    The housing element applies to the entire city. So the action programs requiring dispersal of housing by value, rehabilitation, conservation of lower income housing will apply to the Coastal Zone as well as the rest of the city.

4.    Because of the small number anticipated in the Coastal Zone (about one hundred), the overall lower density required to protect environmentally sensitive areas, and the need to dedicate environmentally sensitive areas and support areas, no special housing regulations are necessary beyond those in the city’s certified housing element.

B.    Condominiums and Stock Cooperatives.

1.    There are no existing multiple-family residential structures in the Marina Coastal Zone. Therefore the issue of conversion of lesser cost rentals and possibly substandard units to condominiums and/or stock cooperatives does not presently exist.

2.    New construction in R-1 zones as modified by the city’s condominium guidelines could include townhouse construction (common wall), zero lot line options and other types of clustering. Condominiums are possible, but they would have to meet the standards of the city’s condominium guidelines. Clustering of various types would allow the double advantage of reducing the construction cost per unit and protecting the sensitive environment. No additional regulation appears necessary. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

1 The State Housing Element Guidelines require each jurisdiction to have a housing element which distributes the regional low and very low income housing need proportionately to all jurisdictions within the region (fair-share). The guidelines go on to require that each jurisdiction develop a program to achieve construction of their fair-share of the regional need for affordable units within an established time frame. Currently, over forty percent of Marina’s housing is affordable to low income households and over one-third of the city’s population is qualified for this type of housing.

17.41.090 Administrative procedures for coastal permits.

One of the primary objectives of local coastal planning is to transfer to each local coastal jurisdiction the responsibility for issuing the coastal development permit. After LCP certification the city of Marina will be authorized to issue these permits (currently issued by the State or Regional Coastal Commission). An important part of this responsibility is integrating coastal development permit application processing with the normal planning procedures of the city in order to reduce, as much as possible, unnecessary delay on development proposals.

A.    Overall Planning Procedure. The planning procedure flow chart (Figure 1) indicates the major steps in Marina’s processing of planning applications. The major milestones for coastal permits have been added to the chart to indicate where they fit into the existing process and what time frame is anticipated. The intent is to integrate coastal development permit requirements into the existing procedure in order to minimize additional processing time. The major coastal permit milestones in the planning procedure flow chart indicate some of the modifications in the procedure that would be necessary.

1.    During the first visit to the planning department the applicant would be advised of the project’s relationship with the coastal land use plan and whether or not a coastal development permit is required. (See sections on categorical exclusion) and if the development is located within the coastal permit appeal zone.

2.    If a coastal development permit is required2 the procedure would not take less than thirty days and would be integrated with other review and hearings before the planning commission. (See coastal development permit procedure section and coastal permit appeal procedure)

3.    After planning commission approval, the coastal development permit would be issued. (If the action is located within the permit appeal zone and appealed to the State Coastal Commission, the city would not issue the permit until the state has acted on the appeal).

4.    It should be noted that the planning procedure flow chart is only a basic graphic depiction of the planning process. These steps are subject to modification pursuant to changes in state and case law and administrative streamlining processes implemented pursuant to any such modifications in state and case law.

B.    Coastal Development Permit Procedure. The Coastal Development Permit Procedure Flow Chart (Figure 2) indicates the steps and notification requirements in issuing coastal development permits. On the face of it, the requirements and mechanics of this procedure are similar to many others in the city; however, the details for coastal development permits vary from other permits as follows:

1.    Permit-issuing Responsibilities. The planning commission shall be responsible for issuing coastal development permits. When site development is determined by an overall plan, as in the combination of R-1/B-6 or planned commercial development, the coastal development permit shall be considered in conjunction with the other project review obligations of the planning commission.

2.    It should be noted that the coastal development permit procedure flow chart is only a basic graphic depiction of the major steps in the coastal planning process. These steps are subject to modification pursuant to changes in state and case law and administrative streamlining processes implemented pursuant to any such modifications in state and case law.

C.    Exclusions. Any project or activity categorically excluded by the California Coastal Commission shall be excluded from coastal development permit requirements in Marina. It is irrelevant whether the project or activity categorically excluded is located within the coastal permit appeal zone or not. It is the responsibility of the planning director each quarter to report excluded projects to the State Coastal Commission staff.

D.    Time Line on Coastal Permit Application.

1.    Ten days prior to a public hearing on any coastal permit, the city shall provide public notice by publication in a newspaper of general circulation and by first class mail. The mailed notice shall be provided to all persons who submit a written request for such notice along with a stamped self-addressed envelope. The mailed notice shall also be provided to the State Coastal Commission, all property owners and tenants within one hundred feet of the project site.3

2.    Within seven days of the planning commission action on any coastal permit, the city shall provide written notice to the State Coastal Commission and all persons who have submitted written request for such notice along with a stamped self-addressed envelope. The planning commission’s decision on any coastal permit may be appealed to the city council within seven days of the planning commission’s action.4

Ten days prior to any city council appeal hearing on a coastal permit decision the city shall provide notice of such hearing by first class mail to the State Coastal Commission and all persons who have submitted written request for such notice along with a stamped self-addressed envelope. In addition, notice of such hearing shall be published in a newspaper of general circulation at least ten days prior to the hearing.

3.    Within five days of any final city council action on an appeal of a coastal permit the city shall notify, by first class mail, the State Coastal Commission and all persons who have submitted a written: request for such notice along with a stamped self-addressed envelope.5

4.    Within twenty-one days of final city council action on a coastal permit with the appeal zone, resulting in approval of a coastal permit, an appeal of such decision may be filed by an aggrieved party with the State Coastal Commission or an appeal may be filed by the State Coastal Commission. Therefore, within the appeal zone, twenty-one days must lapse from the date of an affirmative local decision on a coastal permit before such action can be deemed final. After this twenty-one day period expires the coastal permit/notice of permit decision may be issued to the applicant.

5.    The city of Marina may charge a fee for a coastal permit and appeal of such permit. This fee will be based on administrative costs and will be reviewed periodically by the city council. The fee shall be established in the same manner as other city fees. If the city council determines to charge a fee for a coastal permit appeal it will then become possible to appeal any affirmative planning commission decision on a coastal permit (within the appeal zone) directly to the coastal commission.

E.    Eligibility for Coastal Permit Appeal.

1.    Any zoning or subdivision action within the Coastal Zone may be appealed to the city council. Only applications for property within the local coastal permit appeal zone may be appealed to the State Coastal Commission. Specific criteria exist in law to define this appeal zone:6

a.    Location between the sea and first public road paralleling the sea or within three hundred feet of the inland extent of any beach or three hundred feet of the mean high tide line of the sea where there is no beach, whichever is the greater distance;

b.    Location on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream or within three hundred feet of the top of seaward face of any coastal bluff and not included in subsection (E)(1)(a) of this section.

2.    Development outside the specifically designated permit appeal zone may be appealed only if:

a.    The development constitutes a major public works project or major energy facility.

3.    All applicable projects, including major public works projects or major energy facilities may be appealed by an applicant, any two members of the State Coastal Commission or an “aggrieved person.” An “aggrieved person” is legally defined in the Public Resources Code, Section 30801. The definition covers:

a.    Any person who, in person or through a representative, appeared at a public hearing of the local government in connection with the decision or action appealed or who, by appropriate means prior to a hearing, informed the local government of the nature of his concerns or who for good cause was unable to do either.

F.    Grounds for Appeal.

1.    Not only do the coastal commission’s local coastal program regulations define the coastal permit appeal zone, they also clearly set out the grounds for appeal of local permit decisions within Area 1 of the coastal permit appeal zone.7 (Section 00192): Appeals “shall be limited to the following”:

a.    Development fails to provide adequate physical access or public or private commercial use or interferes with such uses.

b.    Development fails to protect public views from any public road or from a recreation area to and along the coast.

c.    Development is not compatible with the established physical scale of the area.

d.    Development may significantly alter existing landforms.

e.    Development does not comply with shoreline erosion and geologic setback requirements.

2.    Overriding these grounds for appeal is the consideration of whether or not the development is in conformity with the certified local coastal program.

3.    Appeals to the coastal commission must follow at least one local action on the application. If Marina charges a local appeal fee, coastal development permits approved by the planning commission may be appealed directly to the state.

4.    Whether an appeal and appellant meet these criteria will be determined by the executive director of the State Coastal Commission during the first two working days after the ten working days required for notification of the decision from the local jurisdiction to the state. After State Coastal Commission action the city will receive a notice of permit decision. If it is affirmative the city will be able to issue a coastal development permit consistent with the findings of the State Coastal Commission on the appeal.

G.    Categorical Exclusion.

1.    The State Coastal Commission has the authority, on a jurisdiction-by-jurisdiction basis, to exempt certain kinds of development from coastal permit requirements. This action is called a categorical exclusion and must be requested by the jurisdiction. The city may seek a categorical exclusion for categories of existing development or types of actions within its Coastal Zone. In Marina’s case, there is little existing development since most of the land is undeveloped or subject to reuse. However, future structures may be subject to coastal permit regulation. Areas categorically excluded are also exempt from the coastal appeal process if located within the coastal permit appeal zone.

2.    Although no categorical exclusions are recommended for the initial local coastal program, as areas of the city’s Coastal Zone become developed and established, the city may wish to apply to the State Coastal Commission for a categorical exclusion, (for example, to exclude areas zoned and developed R-1). If the state takes such an action, then all properties in the designated area will remain exempt from the requirement of getting a coastal permit until or unless the use of the property is changed.

3.    The city may find the categorical exclusion an efficient way to reduce the administrative workload associated with the Coastal Zone and its regulatory process. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

2    A coastal development permit will be required of all development located within Marina’s Coastal Zone as defined by the State Legislature in 1979, unless, in the future, a type of development or developed areas are categorically excluded by action of the State Coastal Commission at the request of the city.

3    Information required to be included in this notice is outlined in the local coastal program regulations. November 18, 1980 and includes: statement that the development is within the Coastal Zone; the date of filing of the application and the name of the applicant; a description of the development and its proposed location; the date, time and place at which the application will be heard by the local government body; a brief description of the general procedure of local government concerning the conduct of the hearing and local actions; the system for local and coastal commission appeals, including any local fees required.

4    Information required to be included in this notice is outlined in the local coastal program regulations. November 18, 1980 and includes: statement that the development is within the Coastal Zone; the date of filing of the application and the name of the applicant; a description of the development and its proposed location; the date, time and place at which the application will be heard by the local government body; a brief description of the general procedure of local government concerning the conduct of the hearing and local actions; the system for local and coastal commission appeals, including any local fees required.

5    Information required to be included in this notice is outlined in the local coastal program regulations. November 18, 1980 and includes: statement that the development is within the Coastal Zone; the date of filing of the application and the name of the applicant; a description of the development and its proposed location; the date, time and place at which the application will be heard by the local government body; a brief description of the general procedure of local government concerning the conduct of the hearing and local actions; the system for local and coastal commission appeals, including any local fees required.

6    Section 30603 of the California Coastal Act of 1976.

7    Area 1 is defined in the California Coastal Act Section 30603 as: “Location between the sea and first public road paralleling the sea or within three hundred feet of the inland extent of any beach or three hundred feet of the mean high tide line of the sea where there is no beach, whichever is the greater distance.”

17.41.100 Minimum habitat mitigation/restoration plan requirements.

All direct and potential impacts to primary and secondary habitats shall be fully mitigated. Appropriate acreage replacement/restoration ratios for any unavoidable direct impacts to habitat areas and buffer areas shall be applied to fully protect identified habitat. Habitat restoration plans shall be prepared and approved prior to issuance of any grading or building permits.

A.    Habitat Restoration Plan Requirement.

1.    All habitat restoration, enhancement, and/or buffering plans shall be prepared by a qualified biologist and where appropriate, with the assistance of a qualified hydrologist. Plans shall be developed in consultation with the Department of Fish and Game and U.S. Fish and Wildlife Service in cases where these agencies have jurisdiction. The plans and the work encompassed in the plans shall be authorized by a coastal development permit. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the city. No changes to the approved final plans shall occur without a city-approved amendment.

2.    The elements of such a plan shall include, at a minimum:

a.    A detailed site plan of the entire habitat and buffer area with a topographic base map;

b.    A baseline ecological assessment of the habitat buffer area, including but not limited to, assessment of biological, physical, and chemical criteria for the area;

c.    The goals, objectives, performance standards, and success criteria for the site, including specific coverage and health standards for any areas to be planted. At a minimum, explicit performance standards for vegetation, hydrology, sedimentation, water quality and wildlife, and a clear schedule and procedure for determining whether they are met shall be provided. Any such performance standards shall include identification of minimum goals for each herbaceous species, by percentage of total plantings and by percentage of total cover when defined success criteria are met; and specification of the number of years active maintenance and monitoring will continue once success criteria are met. All performance standards shall state in quantifiable terms the level and extent of the attributes necessary to reach the goals and objectives. Sustainability of the attributes shall be a part of every standard. Each performance standard shall identify: (1) the attribute to be achieved; (2) the condition of level that defines success; and (3) the period over which success must be sustained. The performance standards must be specific to provide for the assessment of habitat performance over time through the measurement of habitat attributes and functions including, but not limited to, wetland vegetation, hydrology, and wildlife abundance;

d.    The final design, installation, and management methods that will be used to ensure the mitigation site achieves the defined goals, objectives and performance standards;

e.    Provisions for the full restoration of any impacts that are identifiable as temporary necessary to install the restoration or enhancement elements;

f.    Provisions for submittal, within thirty days of completion of initial (and subsequent phases, if any) of restoration work, of “as built” plans demonstrating that the restoration and enhancement has been established in accordance with the approved design and installation methods;

g.    Provisions for a detailed monitoring program to include, at a minimum, provisions for assessing the initial biological and ecological status of the site. The assessment shall include an analysis of the attributes that will be monitored pursuant to the program, with a description of the methods for making that evaluation;

h.    Provisions to ensure that the site will be promptly remediated if monitoring results indicate that the site does not meet the goals, objectives and performance standards identified in the approved mitigation programs and provisions for such remediation. If the final report indicates that the mitigation project has been unsuccessful, in part, or in whole, based on the approved performance standards, the applicant shall submit a revised or supplemental mitigation program to compensate for those portions of the original program that did not meet the approved performance standards;

i.    Provisions for submission of annual reports of monitoring results to the city of the first five years after all restoration and maintenance activities have concluded (including but not limited to watering and weeding, unless weeding is part of an ongoing long-term maintenance plan) and periodic monitoring after that time, beginning the first year after submission of the “as-built” assessment. Each report shall include a “Performance Evaluation” section where information and results from the monitoring program are used to evaluate the status of the project in relation to the performance standards. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.110 Definitions.

A.    All words used in the present tense shall include the future tenses; all words in the plural number shall include the singular; and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and not directory. The word “city” shall mean city of Marina, the words “city council” shall mean city council of Marina, the words “planning commission” shall mean the planning commission of Marina.

B.    For the purpose of this title, certain terms used herein are defined as follows in this chapter.

“Access” means an opening in a fence, wall or structure, or a walkway or driveway permitting pedestrian or vehicular approach to, or within, any structure or use.

“Accessory building” means a subordinate building, the use of which is incidental to that of a main building on the same building site.

“Accessory use” means a use accessory to any permitted use and customarily a part thereof, which use is clearly incidental and secondary to the permitted use and which does not change the character thereof.

“Agriculture” means the art or science of cultivating the ground, including harvesting of crops and rearing and management of livestock; tillage; husbandry; farming; horticulture; and forestry; the science and art of the production of plants and animals useful to man.

“Airport” means a place, either on land or on water, where aircraft may land and take off and where additional space may be provided to discharge or receive cargoes and passengers, make repairs or take in fuel.

“Alley” means a passage or way open to public travel, affording a secondary means of access to abutting lots and not intended for general traffic circulation.

“Apartment” means a room or suite of two or more rooms, which is designated for, intended for, or occupied by one family doing its cooking therein.

“Apartment building” means any structure containing more than two dwelling units.

“Appurtenant sign” means a sign relating only to goods sold or services rendered upon the building site on which said sign is erected or maintained.

“Auto court” means a group of two or more buildings, containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers (also includes motels).

“Block” means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets and railroad right-of-way, unsubdivided acreage, watercourse or body of water.

“Building” means any structure built entirely of frame or more lasting type of construction, having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel, but not including any tent or trailer.

“Building site” means a parcel of land occupied or intended to be occupied by main buildings and accessory buildings and uses, including such open spaces as are provided or are intended to be used in connection therewith or are required by the regulations for the district wherein such parcel is located.

“Bungalow courts or grouped dwellings” means a combination or group of two or more detached or semidetached dwellings or dwelling units and their accessory buildings occupying an integrally owned building site and used for nontransient living accommodations.

“Campgrounds” means land or premises which is used or intended to be used, let or rented for occupancy by campers traveling by automobile or otherwise, or for occupancy by tents or similar quarters.

“Carport” means an accessible and usable covered parking space not less than nine feet by twenty feet for the storage of automobiles.

“Cattle feed yard” means any premises on which cattle are held or maintained for the purpose of feeding and fattening for market and where sixty percent or more of the feed for such cattle is imported or purchased.

“CEQA” means the California Environmental Quality Act of 1970, setting forth requirements for governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality, and setting forth regulations for environmental impact reports (EIR).

“Club” means all clubs except those, the chief activity of which is a service customarily carried on as a business.

“Coastal appeal zone” means that geographical area between the sea and first public road paralleling the sea or within three hundred feet of the inland extent of any beach or within three hundred feet of the mean high tide lines of the sea where there is no beach, whichever is the greater distance. Furthermore, tidelands; submerged lands; public trust lands within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of seaward face of any coastal bluff are also included.

“Coastal development permit” means a permit issued for development within the Coastal Zone as required by this chapter.

“Coastal scenic view corridor” means an area in which development is sited and designed to protect public views to the dunes and to and along the shorelines and, in scenic coastal areas in order to minimize the alteration of landforms so that new development will be visually compatible with the character of the surrounding areas.

“Coastal Zone” means that portion of the city of Marina defined by the California Public Resource Code Sections 30103 and 30160 as being in the Coastal Zone, generally State Highway Route 1, the area west of Highway 1 and portions of the area between Del Monte Boulevard and Highway 1 generally including coastal dunes, vernal ponds and adjacent lands either undeveloped or under cultivation in 1979.

“Commercial hog ranch” means any premises on which hogs are raised or maintained and said hogs are fed by the purchase or import of swill, garbage, vegetables or fruit.

“Contractor’s yard” means any land and/or buildings used primarily for the storage of equipment, vehicles, materials or components used in the conduct of any building trades or craft.

“Courts” means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

“Density” means the ratio of family living units to acreage.

“Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredge materials or waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land including subdivision and any other division of land except where division occurs as a result of purchase by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure; the removal or harvesting of major vegetation other than for agricultural purposes or kelp harvesting.

“Directional and informational sign” means any sign which is confined to the giving of directions to a community or population center, or which, in addition to such directions, also gives general information as to the services, products or facilities available therein, without, however, naming or otherwise identifying any particular establishment, purveyor of goods or services, or brand or manufacturer of products.

“Disturbed area” means terrain that has been substantially altered by erosion, grading, mining, excavation or other natural or man-made causes to the extent that none or very little of the native vegetation and/or natural landform remains.

“Domestic animal” means animals normally maintained in a home as pets.

“Drive-in business” means any primary or subsidiary business in which business is transacted while the consumer is seated in or on a motor vehicle.

“Drive-in restaurants” means a restaurant where food and beverages are sold and served to customers in motor vehicles and which are regularly and customarily consumed in motor vehicles on the premises.

“Duplex” means a detached building, under one roof, designed for or occupied exclusively by, two families living independently of each other.

“Dwelling group” means a group of two or more detached or semidetached one-family, two-family or multiple-family dwellings occupying a parcel of land in one ownership and having any yard or court in common.

“Family” means one or more persons occupying a premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors as they relate to the area or land under consideration.

“Front yard” means a yard extending across the front of the lot between the side lot lines and to a depth required by the district in which said lot is situated; provided, however, that if any official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such official plan line to the nearest line of the building.

“Guest house” means a detached living quarters with permanent provisions for sleeping and sanitation, but without kitchens or cooking facilities, clearly subordinate and incidental to the main building on the same building site, and not to be rented, let or leased, whether compensation be direct or indirect.

“Guest room” means a room which is intended, arranged or designed to be occupied or which is occupied by guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes.

“Height of building” means the vertical distance from natural grade at the average of the highest and lowest points of the building site covered by the building, to the topmost point of the roof.

“Hotel” means establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classification includes, auto courts motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses, or residential hotels designed or intended to be used for sleeping for a period of thirty consecutive days or longer. This classification also excludes bed and breakfast facilities and similar accommodations that an occupant of single-family housing provides on the same premises incidental to the primary residential use of the property.

“Junkyard” means the use of more than two hundred square feet of the area of any parcel, lot or contiguous lots, for the storage of junk, including scrap metals or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery.

“Lateral access beach” means continuous access along the beach parallel to the mean high tide line.

“Local coastal implementation plan (LCIP)” means that report, adopted by the council and certified by the State Coastal Commission, which describes various administrative and legal procedures to be pursued to carry out the local coastal land use plan.

“Local coastal land use plan (LCLUP)” means that report, adopted by the council and certified by the State Coastal Commission, which, in response to the Coastal Act of 1976 contains maps, planning area text, public access component policies and guidelines for land use and public access within Marina’s Coastal Zone.

“Local coastal program” consists of the following documents: local coastal land use plan and local coastal implementation plan.

“Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling, except for a detached secondary dwelling unit, shall be deemed to be a main building, or part of a main building, on the building site on which the same is situated.

“Mobile home” means a vehicle designed and equipped for human habitation and for being drawn by a motor vehicle.

“Mobile home park” means a parcel of land under one ownership which has been planned and improved for the placement of mobile homes for nontransient use.

“Multiple dwelling” means a building or portion thereof, used or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including automobile courts.

“Nonconforming building” means a building, structure, or portion thereof, which does not conform to the regulations of this title, for the district in which it is situated and which lawfully existed at the time of the adoption of the ordinance codified in this title.

“Nonconforming use” means a building or land occupied by a use that does not conform to the regulations as to use for the district in which it is situated.

“One ownership” means ownership of property (or possession thereof), under a contract to purchase or under a lease, the term of which is not less than ten years, by a person or persons, firm, corporation or partnership, individually, jointly, in common, or in any other manner whereby such property is under single or unified control. The term “owner” shall be deemed to mean the person, firm, corporation or partnership exercising one ownership as herein defined.

“One-family dwelling” means a detached building designed for, or occupied exclusively by, one family with facilities for living, sleeping, cooking and eating, but containing only one kitchen.

“Outdoor advertising sign” means any sign other than an appurtenant sign, or a directional and informational sign.

“Outdoor advertising structure” means any structure of any kind or character, erected or maintained for outdoor advertising sign purposes.

“Parking space” means an accessible and usable space on the building site at least nine feet by nineteen feet located on site for the parking of automobiles, not including the use of any required front or side yard setbacks.

“Poultry farms” means the raising and/or keeping of more than five hundred chickens, ducks, geese, pigeons, pheasants, peafowl or guinea fowl.

“Practice fairway golf course” means a practice and instructional facility for golf purposes. It shall not include any concessions or commercial sale of merchandise.

“Primary habitat” means and includes all of the environmentally sensitive habitat areas in Marina. These are as follows:

a.    Habitat for all identified plant and animal species which are rare, endangered, threatened, or are necessary for the survival of an endangered species. These species will be collectively referred to as “rare and endangered”;

b.    Vernal ponds and their associated wetland vegetation. The Statewide Interpretive Guideline for Wetlands and Other Wet Environmentally Sensitive Habitat Areas (California Coastal Commission, February 14, 1981) contains technical criteria for establishing the inland boundary of wetland vegetation;

c.    All native dune vegetation, where such vegetation is extensive enough to perform the special role of stabilizing Marina’s natural sand dune formations;

d.    Areas otherwise defined as secondary habitat that have an especially valuable role in an ecosystem for sensitive plant or animal life, as determined by a qualified biologist approved by the city.

“Private garage” means an accessible and usable enclosed covered parking space not less than nine feet by twenty feet for the storage of automobiles.

“Public garage” means any premises, except those herein defined as a private or storage garage, used for the storage and/or repair of motor vehicles or where any such vehicles are equipped for operation or repair, or kept for remuneration, hire, or sale.

“Public street” means a street, road or way, but not an alley, owned by or maintained by a state, county or incorporated city.

“Rare and endangered species” applies to those plant and animal species which are rare, endangered, threatened, or are necessary for the survival of an endangered species. The environmental analysis report prepared for the Marina local coastal program identified such species in the dune habitat areas. While future scientific studies may result in addition or deletion of species, the list presently includes:

a.    Smith’s Blue Butterfly, Shijimiaeoides enoptes smithi;

b.    Globose Dune Beetle, Coelus globosus;

c.    Black Legless Lizard, Anneilla pulchra nigra;

d.    Salinas Kangaroo Rat, Dipodomys Heermanni Goldmani;

e.    Seaside Painted Cup, Castilleja latifolia ssp. latifolia;

f.    Monterey Spine Flower, Chorizanthe pungens var. pungens;

g.    Eastwood’s Ericameria, fasciculata;

h.    Coast Wallflower, Erysimum ammophilum;

i.    Menzies’ Wallflower, Erysimum menziesii;

j.    Coastal Dunes Milk Vetch, Astragalus tener var. titi;

k.    Dune Gilia, Gilia tenuiflora var. arenaria;

l.    Wild Buckwheat, Eriogonum latifolium*;

m.    Wild Buckwheat, Eriogonum parvifolium*;

n.    Bush Lupine, Lupinus ssp.+.

“Rear yard” means a yard extending across the back of the lot between the side lines and to a depth required by the district in which said lot is situated.

“Refreshment stand” means an establishment or portion thereof, where prepared food and beverages are sold, substantial portions of which are sold on a self-service basis or are sold and served for consumption outside of buildings on the premises.

“Regulation golf course” means a golf course whose minimum total length for nine holes is three thousand yards and for eighteen holes is six thousand yards.

“Resort hotel,” as distinguished from an auto court or motel, means a hotel designed primarily for the convenience of transient guests, and with a minimum of ten percent of the total area maintained for landscaping, with accessory recreational components as well as service and/or other associated uses such as a full-service restaurant and meeting rooms, and which may include a vacation club and/or kitchen or kitchenette units not limited to a percentage of total units nor limited to three hundred fifty square feet or less of gross floor area for each such unit.

“Rest home” means the rooming or boarding of any aged or convalescent persons, whether ambulatory or nonambulatory, for which a license is required by a county, state or federal agency.

“Restaurant” means a business devoted to the serving of prepared food to the public where the food is consumed on the premises while the customers are seated.

“Reverse frontage lot” means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street upon which the corner lot fronts.

“Rooming or boarding house” means a dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation.

“Secondary habitat” refers to areas adjacent to primary habitat areas within which development must be sited and designed to prevent impacts which would significantly degrade the primary habitat. The secondary habitat area will be presumed to include the following, subject to more precise determination upon individual site investigation:

a.    The potential/known localities of rare and endangered plant species as shown on “Disturbed Vegetation” map in the Marina local coastal program;

b.    The potential wildlife habitats as shown on “Potential Wildlife Habitats” map in the Marina local coastal program;

c.    Any area within one hundred feet of the landward boundary of a wetland primary habitat area.

“Short golf course” means a golf course whose minimum total length is five thousand yards, with some holes over two hundred fifty yards.

“Side yard” means a yard between the sidelines of the lot and to a width required by the district in which said lot is situated; and extending from the front yard to the rear yard.

“Sign” means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved, or otherwise fastened, affixed or made visible for out-of-door advertising purpose in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building structure, or thing whatsoever. For the purpose of this title, the advertising area of one side of a double-faced sign shall be used in determining the advertising area.

“Small livestock farming” means the raising and/or keeping of not more than twelve chicken hens or twelve pigeons, or twelve similar fowl and/or twelve rabbits, or twelve similar animals, or any roosters, quacking ducks, geese, guinea fowl, peafowl, goats, sheep or similar livestock, or the raising and/or keeping for commercial purposes of any cats or dogs; provided, that the term “small livestock farming” as used in this title shall not include commercial hog farming, dairying, or the raising and/or keeping of horses, mules, or similar livestock as determined by the planning commission.

“Storage garage” means any premises, except those herein defined as a private garage, used exclusively for the storage of motor vehicles.

“Story” means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

“Street line” means the boundary between a street and abutting property.

“Structural alterations” means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

“Structural walls” means any bearing wall of a building.

“Structure” means anything constructed or erected, except fences under six feet in height, the use of which requires location on the ground or attachment to something having location on the ground but not including any trailer, tent or decks less than eighteen inches above the ground.

“Three-par golf course” means a golf course in which the longest hole does not exceed two hundred fifty yards.

“Trailer” means a vehicle designed and used for human habitation and with its wheels in place.

“Trailer camp” means any area or tract of land where space is rented or held out for rent to two or more owners or users of trailers, or where the free use of such space is permitted owners or users of trailers for the purpose of securing their trade.

“Use” means the purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is, or may be occupied or maintained.

“Vacation club” means a program for marketing transient occupancy for hotel, and/or motel accommodations to the general public through a membership agreement.

“Vertical access beach” means perpendicular access from the nearest public roadway to the sandy beach frontage and/or mean high tide lines.

“Wild animal” means any animal feral in nature, that is, any animal which must be reclaimed and made tame by art, industry or education, or which must be kept in confinement to be brought within the immediate power of the owner; it excludes any animal which has been brought into, or born in, restraint or captivity upon any farm or ranch for the purpose of cultivating or pelting its fur; bees, birds, frogs, fish, and any other animal kept for human consumption.

“Yard” means an open space other than a court on the same building site with a building, which open space is suitable for recreation, landscaping, gardens, or household service activities, such as clothes drying, but not including any portion of any street or alley or road right-of-way. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

*    Only within the range of Smith’s Blue Butterfly.

+    Only within the range of the Black Legless Lizard.

17.41.120 General coastal zoning regulations.

A.    Compliance with this Chapter. The regulations specified in this title shall be subject to the general provisions and exceptions of this chapter.

B.    Use Regulations.

1.    No dancehall, roadhouse, nightclub, commercial club, establishment where alcoholic beverages are served, commercial place of amusement or recreation, including but not limited to an amusement center or arcade, or place where entertainers are provided whether as social companions or otherwise, shall be established in any zoning district in the city unless a use permit is first secured in each case.

2.    The following activities shall be permitted in any zoning district:

a.    The excavation or removal of materials or trees during the normal construction of buildings, structures or underground facilities;

b.    Cutting or removal of trees for the purpose of land clearing for public roads and rights-of-way;

c.    The cutting or removal of Christmas trees.

3.    Public utility distribution and transmission line towers and poles and underground facilities for distribution of gas, water, telephone, and electricity and telephone booths shall be allowed in all districts, after first obtaining a coastal permit.

4.    No accessory building or structure shall be constructed or placed, nor shall any accessory use be conducted on any property in any R district unless and until the main building is constructed or until a coastal permit is first obtained.

5.    No trailer or mobile home shall be used in any zoning district for any purpose other than a single-family residence or for residential or agricultural storage purposes unless a coastal permit is first secured in each case.

6.    Trailers or mobile homes used as temporary construction offices are allowed without the securing of a use permit. Such use shall be permitted only during the period of construction.

7.    Trailers or mobile homes used by public utility companies for temporary emergency equipment or supplies shall be allowed in any district without the securing of a use permit; provided, however, that such use shall not exceed ninety days duration.

8.    Licensed residential care homes for aged persons of not more than six people, including any permitted rooming and boarding, may be allowed in any zoning district which allows residential uses.

9.    Licensed nursery schools may be permitted in any zoning district upon first securing a coastal permit in each case.

10.    Mobile homes and trailers, used as living quarters, not located in mobile home parks or trailer camps shall be allowed only in conjunction with agricultural uses or for the purpose of twenty-four-hour watchman’s quarters upon first securing a coastal permit in each case which will be good for a maximum period of one year, after which time permanent living quarters shall be constructed. Existing mobile homes which have been granted use permits, and which do not comply with the provisions of this title, may be allowed to continue for as long as the planning commission may desire upon first securing a coastal permit in each case. The following regulations shall apply in all cases where a coastal permit is granted:

a.    Skirting of fireproof material shall be provided around the perimeter of the mobile home or trailer;

b.    The face of all cut-and-fill slopes shall be planted with a groundcover approved by the director of planning to protect the slopes against erosion;

c.    All cut-and-fill slope landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition, and all plant materials shall be continuously maintained in a healthy, growing condition;

d.    The planning commission may require compliance with any other conditions or requirements which it may deem reasonable and necessary to make the mobile home compatible with the surrounding neighborhood.

11.    No person, firm or corporation shall hereafter, within the city, use any land or erect, construct or use any building, structure or enclosure for the purpose of maintaining a zoo or zoological garden for the purpose of raising, maintaining, keeping or exhibiting of any wild animal unless and until a coastal permit has been first secured. A coastal permit may be applied for in any district except for R-1, R-2, R-3 and R-4 districts. Such uses must be found consistent with the local coastal land use plan.

12.    Water Facilities.

a.    Water facilities, including wells and storage tanks, serving less than three domestic users are permitted in any zoning district.

b.    Water facilities, including wells and storage tanks, serving three or four domestic users are permitted in any zoning district upon approval by the design review board as to the location, access, landscaping and color of storage tanks. Such uses shall be subject to a coastal permit.

c.    Water facilities, including wells and storage tanks, serving five or more domestic users are permitted in any zoning district upon securing a coastal permit in each case.

13.    The proposed use shall be consistent with the designation and policies of the general plan and local coastal land use plan.

14.    No more than fifteen percent of the units in any motel or auto court may be provided with a kitchen or kitchenette. No unit in any motel or auto court containing a kitchen or kitchenette shall exceed three hundred fifty square feet of gross floor area. Each unit in a motel or auto court containing a kitchen or kitchenette shall be provided with one and one-half on-site parking spaces.

C.    Private Stables. The following regulations shall apply in all cases where a use permit has been issued for the maintenance of a private stable:

1.    The minimum lot area upon which a horse may be kept is one acre and two horses may be kept on such area. One additional horse may be kept for each twenty thousand square feet by which the parcel of land exceeds one acre;

2.    Stables shall be located midway between the side lot lines and in no case closer than twenty feet from the side lines, and not closer than fifty feet to the front lot line. Paddocks shall be located on the rear half of the lot not closer than twenty feet to any property line nor closer than forty feet from any dwelling on the same or adjacent property;

3.    Prior to the establishment of any stable, the planning commission will be required to make a finding that such use is consistent with the local coastal program. Stables will also be required to first obtain a coastal permit.

D.    Secondary Dwelling Units and Guesthouses. The following regulations shall apply to all guest houses in “K” and “R” districts:

1.    Guest House. Detached living quarters of a permanent type of construction, without kitchen or cooking facilities, clearly subordinate and incidental to the main building, on the same building site, and not be rented, lot of leased, whether compensation be direct or indirect.

2.    No guest house shall be erected or enlarged and no existing accessory building shall be converted into a guest house without first obtaining a coastal permit in each case.

3.    There shall be but one guest house on any one building site. No kitchen or cooking facilities shall be permitted in any such guest house.

4.    All guest houses shall be located on the rear half of the building site and shall not be built closer than six feet from the nearest property line, both sides and rear. It shall not be closer than six feet from the nearest point of the main residence.

5.    The guest house together with the other accessory buildings shall not exceed thirty percent of the rear yard on which it is built.

6.    A guest house shall not exceed a height of sixteen feet.

7.    No guest house or any part thereof shall be rented, let or leased separate from the main residence.

E.    Mobile Home Parks. The following regulations shall apply in all cases where a use permit has been issued for a mobile home park, except otherwise prescribed by state law:

1.    The minimum lot area for a mobile home park shall be five acres.

2.    No mobile home park shall have commercial uses other than those used primarily by the residents of the park such as: coin-operated machines for laundry, soft drinks, cigarettes and similar uses on condition that the uses shall be located in the interior of the park.

3.    The density of the mobile home park shall be limited to eight homes per acre with the minimum mobile home site to be not less than three thousand square feet.

4.    Minimum yard setbacks from adjoining streets and properties shall be as follows: front yard setback, twenty feet; side yard setback, ten feet; and rear yard setback, ten feet, except otherwise prescribed by state law.

5.    Landscaping and fences shall be provided and shall be designed to screen the mobile home park from the street and adjoining properties. Landscaping and fencing plans shall be approved by the director of planning.

6.    All landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition and all plant material shall be continuously maintained in a healthy, growing condition.

7.    No less than ten percent of the total area of the mobile home park shall be developed for recreational purposes.

8.    For required parking see Section 17.41.210.

9.    All utility distribution facilities, including but not limited to electric, communication and cable television lines installed for the purpose of supplying service within any mobile home park, shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, or such equipment when concealed by shrubbery, landscaping or other screening and approved by the director of planning. The planning commission may waive the requirements of this section if topographical, soil or other physical conditions make underground installation of such facilities unreasonable or impractical.

F.    Height.

1.    Chimneys, vents, cupolas, spires, and other architectural or mechanical appurtenances may not be erected to a greater height than the limit established for the district in which the building is located without first securing a coastal permit.

2.    Towers, poles, water tanks, and similar structures may not be erected to a greater height than the limit established for the district in which they are to be located without first securing a coastal permit in each case.

G.    Yards.

1.    In any case, where an official plan line has been established as a part of the street and highway master plan, the required yards on the street side shall be measured from such official plan lines and in no case shall the provisions of this title be construed as permitting any structures to extend beyond such building line.

2.    Cornices, eaves, canopies, and similar architectural features may extend into any required yard not exceeding two and one-half feet.

3.    Uncovered porches, or stairways, fire escapes or landing places may extend into any required front or rear yard not exceeding six feet, and into any required side yard not exceeding three feet.

4.    In any R or K district, where fifty percent or more of the building sites on any one block or portion thereof in the same district have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum of that specified for the district in which such building site is located.

5.    In case a dwelling is to be located so that the front or rear thereof faces any side lot line, such dwelling shall not be less than ten feet from such lot line.

6.    In case a building site is less than sixty feet in width, side yards equal to ten percent of the lot width but not less than five feet shall be required, except in C districts.

7.    In the case of a corner lot adjacent to a key lot, the required side yard on the street side for any building within twenty-five feet of the side line of the key lot shall be equal to the front yard required on the key lot, and if more than twenty-five feet from such side line, the required side yard shall be fifty percent of the front yard required on the key lot.

8.    In case an accessory building is attached to the main building it shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to the main building.

9.    Except as otherwise provided in subsections (G)(10) and (G)(11) of this section, detached accessory buildings not for living purposes shall not be located:

a.    Within six feet from the main building;

b.    Within fifty feet from the front property line;

c.    Within six feet from the sidelines of the front one-half of the lot;

d.    Within six feet of the sidelines of the front one-half of any adjacent lot;

e.    Within one foot of any lot line of the rear one-half of the lot;

f.    So as to encroach on any easement or right-of-way of record.

10.    Detached accessory buildings used as guest houses or as living or sleeping quarters of any kind shall not be located within six feet from the rear and side property lines.

11.    Detached accessory buildings which have access from an alley shall not be located within six feet of the alley.

12.    In case of a lot abutting upon two or more streets, the main building and accessory buildings shall not be erected so as to encroach upon the front yard or the exterior side yard required on any of the streets.

13.    Notwithstanding any requirements in this section, in cases where the elevation of the front half of the lot at a point fifty feet from the centerline of the traveled roadway is seven feet above or below the grade of the centerline, a private garage attached or detached, may be built to within five feet of the front line of the lot.

14.    Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any R or K districts.

15.    Structures, except utility poles and utility equipment appurtenant thereto, shall not be located so as to encroach on any utility or road easement or right-of-way.

I.    Satellite Dish Antennae. Legislative Finding and Determination. The city council of the city of Marina does find, determine and declare as follows: that the use of satellite dish antennae is increasing throughout the city due to technological advances of such equipment; that although such equipment is large, cumbersome and can be aesthetically unattractive, it appears to be a necessary and desirable accessory use of property within the city; that at the present time the size, location and appearance of such equipment is not adequately addressed in the zoning regulations in effect in the city; that in the absence of regulation, the placement of unattractive equipment in residential and commercial locations would interfere with the use, possession and enjoyment of adjacent property; and that the public peace, health, safety and general welfare require enactment of this chapter to regulate the use of satellite dish antennae rather than prohibit them.

1.    Definitions. “Satellite dish antennae” means any antennae or parabolic reflector established to receive transmissions directly from satellites, but does not include antennae established for the purpose of receiving transmissions from ground transmitters.

2.    Satellite Antennae Requirements—Residential Districts. In residential districts:

a.    The site and architectural design review board shall be the primary reviewing body of applications to install satellite dish antennae. It shall ensure that each application is consistent with the provisions and intent of this chapter prior to approval.

b.    Prior to installation of a satellite dish antennae, all appropriate permits shall be obtained from the building division.

c.    Satellite dish antennae shall be considered accessory structures, and unless otherwise stated, shall comply with the height, setback and lot coverage requirements for buildings in the zone in which they are to be located.

d.    All satellite dish antennae shall be located on the back half of the lot as ground-mounted units only.

3.    Satellite Antennae Requirements in All Other Districts.

a.    A coastal development permit approved by the planning commission shall be required for all satellite dish antennae.

b.    Prior to installation of satellite dish antennae, all appropriate permits must be obtained from the building division.

c.    Antennae may be ground-mounted, roof-mounted or aboveground pole-mounted.

d.    Roof-mounted and aboveground pole-mounted antennae shall not exceed the height of structures allowed in the district in which they are to be located.

e.    Roof-mounted antennae shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.

f.    No commercial advertising of any kind shall be allowed on large satellite dish antennae.

4.    Development Standards.

a.    The planning commission and/or site and architectural design review board may add any conditions to a permit necessary to achieve the compatibility of satellite dish antennae with its neighborhood.

b.    All satellite dish antennae located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impeding the efficiency of the dish, to the satisfaction of the city council on appeal, the planning commission or site and architectural design review board.

c.    Any readily visible satellite dish antennae shall be painted to blend with its surroundings and shall not be unnecessarily bright, shiny, garish or reflective.

d.    Prior to installation of satellite dish antennae, all appropriate permits must be obtained from the building division.

e.    All proposals for roof-mounted antennae shall be designed by a registered architect, or civil or structural engineer.

f.    The installation of all satellite dish antennae shall be subject to the design of footings, anchorage and fasteners by a California registered architect, civil or structural engineer, to meet the current Uniform Building Code as adopted by the city.

g.    The electrical system shall be designed and installed in accordance with the National Electrical Code as adopted by the city.

h.    All electrical wiring associated with antennae shall be installed underground.

i.    Satellite dish antennae shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.

5.    Limitation. Certain parcels of land in the city may not be able to accommodate satellite dish antennae because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the site and architectural design review board or the planning commission may withhold approval to construct, install and/or maintain a satellite dish antennae.

6.    Existing Antennae.

a.    All owners of antennae installed or constructed prior to the effective date of the ordinance codified in this chapter shall apply to the planning commission for a use permit no later than July 1, 1987.

b.    Within sixty days after such application, the planning commission shall:

i.    Issue a use permit if the antennae conforms to the provisions of this chapter; or

ii.    Prior to the issuance of a use permit, require the owner to move the antennae, or to make structural and/or design changes to the antennae so that it conforms to the provisions of this chapter; or

iii.    Issue an exemption, if it determines that the antennae is installed or constructed in a safe manner and is in substantial compliance with the provisions and/or intent of this chapter.

c.    In granting an exemption, the planning commission may add any conditions necessary to effectuate the purpose and intent of this chapter.

7.    Appeals. Any action taken by the site and architectural design review board may be appealed, in writing, to the planning commission within ten days of said action. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of said action.

J.    Vacation Clubs as a Visitor-Serving Use in the Coastal Zone.

1.    Any proposal for a vacation club, as defined in Section 17.41.110, shall be considered a visitor-serving use in the Coastal Zone subject to the following findings made by the planning commission at a duly noticed public hearing as part of the development review process and shall not be considered a visitor-serving use in the Coastal Zone without such findings:

a.    Membership of the proposed vacation club is sufficiently large to insure to broad opportunity for visitor use;

b.    The purchase price and on-going maintenance fees for membership are reasonably affordable;

c.    Membership in the club is easy to achieve and is documented in a membership program;

d.    The membership is available to the general public; and

e.    Permit requirements are established that will insure availability of transient accommodations to the general public who are not members of the club.

The record of proceedings on such a determination will require the applicant to provide sufficient information and program materials to demonstrate that the proposed vacation club use meets the findings noted above. The planning commission’s determination shall include a written summary and analysis of this information and written findings of their decision. The planning commission may impose conditions as necessary to effect the purpose and intent of this section. All determinations by the commission are appealable as provided for under this title. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.130 O or open space district.

A.    Generally. The purpose of the O district is to promote a rural atmosphere in an otherwise urban or semi-urban development, to hold for future generations open space in which trees and plants can grow. The regulations of this chapter shall apply in all O districts.

B.    Lands to be Included. All lands designated as park and open space in the local coastal land use plan shall be included in the open space district and all lands designated as open space in the open space element of the Marina general plan may be included in the O district. Such lands may include, but are not limited to the following:

1.    Crop and tree farming, grazing of sheep, cattle and goats;

2.    Public parks and playgrounds, and public recreation facilities;

3.    Private school grounds and church grounds of a predominantly open character;

4.    Sandy beaches and beach accesses, sensitive habitat areas and vernal ponds and wetland setback areas;

5.    Golf courses and country clubs;

6.    Privately and jointly owned open spaces reserved for open space use as a part of planned development;

7.    Land which because of geophysical or similar hazard is unsuitable for development;

8.    Any other publicly or privately owned open space which in the opinion of the planning commission functions as a part of the open space system of the city and is included in the open space element of the general plan;

9.    Open space as a reserve for seismic safety, erosion protection, protection of view or similar appropriate purpose.

C.    Permitted Uses. Permitted uses in the O district shall be crop and tree farming and grazing of horses and cattle, sheep and goats.

D.    Conditional Uses. Uses permitted subject to first securing a coastal permit:

1.    Buildings and structures accessory to any permitted use;

2.    Educational and cultural uses including any structures incidental to such uses existing at the time of inclusion in the O district;

3.    Uses and buildings normally incidental and accessory to the above principal uses: except in the Coastal Zone, structures shall be permitted only where they are ancillary to public recreational use or necessary to protect existing development or uses;

4.    Beach access and, where suitable, beach access parking;

5.    Any addition to an existing structure which will increase the coverage of the structure, or any new structure, except minor recreation or horticultural structures, such as playground equipment, trellises, fences and the like;

6.    Shoreline erosion protection structures.

E.    Reclassification. The procedure for the reclassification of land set forth in Section 17.41.280 shall apply to property in the O districts, subject to the following modifications:

1.    Following a public hearing, the planning commission shall determine whether it is in the public’s interest of the city to retain the subject property in open space use as against permitting its reclassification to the use applied for and whether the proposed reclassification is consistent with the general plan and all applicable portions of the local coastal land use plan. The decision on this question shall be made by resolution and shall be transmitted to the city council together with a report setting forth reasons for said decision.

2.    Following receipt of the recommendation of the planning commission the city council shall hold a public hearing. Following such hearing the council may decide by resolution either to:

a.    Seek means to retain the property in question in open space use; or

b.    Permit a reclassification of the subject property.

3.    Should the council’s decision be the first alternative as listed in subsection (E)(2)(a) of this section, all further proceedings for the reclassification of the property shall be halted for a period of not to exceed ninety days from the date of council action, during which time the city council shall actively seek to negotiate arrangements, which may include purchase or other acceptable means to retain the property in open space use. The period set forth herein may be extended by mutual agreement of the council and the applicant for reclassification. If at the end of the ninety days, or such longer period as may be agreed upon, no satisfactory arrangement has been concluded, the matter shall be remanded to the planning commission for consideration of the reclassification applied for. The commission shall thereafter proceed in accordance with the provisions of Section 17.41.280.

4.    Should the council’s decision be the second alternative as listed in subsection (E)(2)(b) of this section, the matter shall be returned to the planning commission which shall consider the reclassification applied for in accordance with the procedure set forth in Section 17.41.280.

5.    In areas not designated in the local coastal land use plan for open space, reclassification of property in the Coastal Zone shall not become effective until an amendment to the local coastal program has been certified by the State Coastal Commission. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.140 PF or public facilities district.

A.    Uses Permitted. The following uses are permitted in the PF district:

1.    None.

B.    Conditional Uses. Uses permitted subject to first obtaining a coastal development permit in each case:

1.    Public and private schools;

2.    Government offices and support facilities including public safety facilities;

3.    Utility installations;

4.    Public recreation facilities;

5.    One single-family residence only as provided for in the Marina local coastal land use plan;

6.    Uses which in the opinion of the planning commission are similar to those listed above.

C.    Development Regulations. As specified in the coastal permit. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.150 R-1 or single-family residential district.

A.    Generally. The regulations in this chapter shall apply in all R-1 districts and shall be subject to the provisions of Section 17.41.120.

B.    Permitted Uses. Uses permitted in the R-1 districts shall be as follows:

1.    One single-family dwelling per lot, not including tents or trailers;

2.    Rooming and boarding of not over two persons;

3.    The keeping of not to exceed two cats and/or dogs;

4.    The keeping of domestic chickens pursuant to Section 17.06.160.

C.    Conditional Uses. Uses permitted, subject to first securing a coastal permit in the R-1 districts shall be as follows:

1.    Private nurseries and private greenhouses used only for the propagating and cultivating of plants;

2.    Tract offices;

3.    Country clubs and golf courses with standard lengths fairways, but not permitting miniature golf courses;

4.    Servants quarters, without kitchen facilities for servants employed on the premises;

5.    Public and quasi-public uses including churches, firehouses, hospitals, parks and playgrounds, schools (public and parochial), or schools accredited to State School System and public utility buildings and uses;

6.    Private stables, subject to Section 17.41.120(C) of this chapter;

7.    Off-street parking when appurtenant to any permitted use in the district, or when adjacent to any “C” or “M” district.

E.    Building Height.

1.    Maximum building height limit in the R-1 districts shall be thirty feet for main buildings and sixteen feet for accessory buildings.

F.    Site Area. Minimum building site area required in the R-1 districts shall be six thousand square feet, seven thousand square feet for a corner lot, except where combined with any B district.

G.    Site Width. Average building site width required in the R-1 districts shall be sixty feet.

H.    Site Depth. Maximum building site depth allowed in the R-1 districts shall average not to exceed three times building site width.

I.    Site Coverage. Percentage of building site coverage permitted in the R-1 districts shall be thirty-five percent.

J.    Front Yard. Minimum front yard required in the R-1 districts shall be twenty feet, except where combined with any B district.

K.    Side Yard. Minimum side yards required in the R-1 districts shall be six feet, except where combined with any B district, and except where the side yard abuts a street, in which case such side yard shall be the same as the front yard.

L.    Rear Yard. Minimum rear yard required in the R-1 districts shall be twenty feet, except where combined with any B district. (Ord. 2013-09 § 5, 2013; Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.160 C-D or coastal conservation and development district.

A.    Generally. The following regulations shall apply in all C-D districts and shall be subject to the provisions of Chapter 17.06.

B.    Uses Permitted. None.

C.    Conditional Uses. Uses subject to first obtaining a coastal development permit in each case:

1.    Coastal research and educational uses; developed public access and other coastally dependent recreation uses; coastal-dependent industrial uses including but not limited to marine agriculture (mariculture), dredge pond, surf zone and offshore sand extraction; in severely disrupted areas and those portions of parcels currently subject to dune mining activity, dune mining; and on parcels combined with the Coastal Zone secondary use combining district or SU districts, visitor-serving uses such as visitor accommodations;

2.    Regulations for coastal conservation and development uses shall be specified in the coastal development permit. The permit-issuing body may approve permit applications if the following factors, where relevant are found to apply:

a.    There is adequate protection and/or provision of public access from the nearest roadway to the ocean, and uninterrupted lateral access,

b.    Development is limited to already disturbed areas,

c.    Rare and endangered plant and animal habitats are adequately protected,

d.    Grading and roadway construction are the minimum necessary for the development,

e.    Views from the State Highway and from the ocean edge are protected,

f.    There are sufficient provisions for public safety,

g.    All significant adverse environmental effects are either avoided or adequately mitigated,

h.    All major and minor subdivisions of land shall provide for sufficient size and configuration to allow for coastally dependent uses or where none are feasible visitor-serving commercial uses consistent with the local coastal land use plan. All parcels must contain sufficient shoreline frontage. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.170 K or agricultural residential district.

A.    Generally. The following regulations shall apply in all K districts and shall be subject to the provisions of Chapter 17.06.

B.    Permitted Uses. Uses permitted in the K districts shall be as follows:

1.    One-family dwellings;

2.    All agricultural uses including crop and tree farming, livestock farming, and animal husbandry;

3.    Rooming and boarding of not over two persons;

4.    Accessory buildings and accessory uses including barns, stables, and other farm outbuildings, quarters for farm labor and/or servants employed on the premises.

C.    Conditional Uses. Uses permitted in the K districts subject to first securing a coastal development permit in each case:

1.    One noncommercial guest house (see Section 17.06.040);

2.    Frog farms;

3.    Commercial hog and turkey raising;

4.    Cattle feed yards;

5.    Dairies;

6.    Stands for sale of agricultural products grown on the premises;

7.    Kennels for dogs or cats;

8.    Public or quasi-public uses, including churches, firehouses, parks and playgrounds, schools (public and parochial) and schools accredited to the state school system, public utility uses, and parking lots;

9.    Riding academies and public stables;

10.    Animal hospitals;

11.    Poultry farms;

12.    Riding and roping arena operations of a minimum of ten acres;

13.    Commercial nurseries, greenhouses and bulb ranches.

D.    Building Height. Maximum building height limit in the K districts shall be twenty-five feet.

E.    Site Area. Building site area required in the K districts shall be ten thousand square feet, except where combined with any B district.

F.    Site Width. Average building site width required in the K districts shall be sixty feet.

G.    Site Coverage. Percentage of building site coverage permitted in the K districts shall be thirty-five percent.

H.    Front Yard. Minimum front yard required in the K districts shall be twenty feet, except where combined with any B district.

I.    Side Yard. Minimum side yard required in the K districts shall be six feet, except where combined with any B district.

J.    Rear Yard. Minimum rear yard required in the K districts shall be twenty feet.

K.    Special Yards. Accessory buildings used as guest houses or as barns, stables, or farm outbuildings, shall be not less than twenty feet from any side or rear property line and not less than fifty feet from the front property line nor less than twenty feet from any dwelling unit on the property. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.180 PC or planned commercial district.

A.    Generally. The purpose of the PC district is to design and promote the orderly development of a business area as primarily a retail shopping and employment facility to serve present and future needs of coastal visitors and the residential community, with emphasis on preserving and expanding the characteristics of the area in which the commercial use is proposed. The regulations in this chapter shall apply in all PC districts and shall be subject to the provisions of Section 17.41.120.

B.    Planning Commission Approval.

1.    Prior to the establishment of any use or the construction of any building in a PC district the planning commission may adopt the proposed plan or any part thereof in such form as deemed advisable.

2.    The planning commission shall submit a report of its findings and recommendations with respect to the proposed plan to the city council; the city council may adopt the proposed plan or any part thereof in such form as said council may deem advisable.

3.    The adoption of a general development plan does not allow the establishment of any use, but shall be the general guide for the development of the PC district.

C.    Permitted Uses.

1.    Uses permitted in the PC district, subject to first securing a zoning permit and a coastal development permit in each case, shall include but not be limited to visitor-oriented retail and service uses, and accommodations and public access.

D.    Conditional Uses.

1.    None.

E.    Height. Maximum allowable height in the PC district shall be thirty-five feet unless the structure is located in a coastal view corridor where a lesser maximum may be established in a coastal development permit.

F.    Site Coverage.

1.    Maximum building site coverage by buildings or structures in the PC district shall be twenty-five or a lesser percentage may be established to comply with the provision of the local coastal program. In the Coastal Zone east of Highway 1 specific building site coverage shall comply with land use plan provisions.

G.    Parking. For parking requirements in the PC district, see Section 17.41.210.

H.    Landscaping. Landscaping required in the PC district shall be as follows: landscaping plans showing a minimum of ten percent of the gross area of the building site shall be submitted for approval of the planning director.

I.    Zoning Permit—Application—Fee. Application fees for a zoning permit in the PC district shall be as follows:

1.    An application for a zoning permit in a PC district shall be submitted to the planning commission accompanied by drawings showing the size and dimensions of the property of the applicant; the location and dimensions of proposed buildings and signs; distances to front, side and rear property lines from the buildings; elevations of the buildings, proposed parking layout and location, landscaping plans, and the location of buildings on adjacent property, within one hundred feet of the property of the applicant.

2.    The fee for a zoning permit shall be established by resolution of the city council from time to time hereinafter enacted.

J.    Zoning Permit—Planning Commission Action.

1.    The planning commission shall consider such application to determine its conformity to the general development plan adopted for the PC district in which the applicant’s property is located. The planning commission may require such changes in the proposed use and plans of proposed buildings, structures and other improvements as they may deem necessary to insure conformity to the general development plan and to secure the purposes of this section. The planning commission shall find that the application conforms to the local coastal land use plan.

2.    The planning commission may designate such conditions in the zoning permit as they deem necessary to secure the purposes of this section. Such conditions may include, but are not limited to, architectural and site approval, time limitations, street dedications, and street and drainage improvement. The planning commission may require such bonds and other guarantees as deemed necessary to insure compliance with conditions of the zoning permit.

K.    Zoning Permit—Appeal.

1.    An appeal may be taken by the applicant to the city council from the decision of the planning commission. The appeal shall be in writing and must be filed with the city clerk within ten days after written notice of the decision has been mailed to the applicant. The appeal shall set forth the grounds for the appeal and shall describe any asserted error or abuse of discretion.

2.    Upon receipt of the notice of appeal, the city council shall set a date for public hearing thereon. After the hearing, the city council may reverse, affirm or may modify, in whole or in part, the decision appealed from. Within the Coastal Zone, coastal permit approvals may also be appealed to the State Coastal Commission.

L.    Zoning Permit—Revocation.

1.    Where the conditions of the granting of a zoning permit have not been or are not being complied with, the planning commission may, following a hearing thereon, revoke or modify such zoning permit. Ten days written notice of such hearing shall be given to the permittee prior to the hearing.

2.    Appeals from such revocation or modification may be taken in the same manner as provided in subsection K of this section.

M.    Zoning Permit—Effect.

1.    No building permit shall be issued, nor any use conducted, other than in accordance with the conditions and terms of the zoning permit granted or after granting of such zoning permit by the city council in the event of appeal.

2.    All zoning permits issued by the planning commission shall be valid until the date of expiration stated on the permit. If no date of expiration is stated, unless otherwise specified by the planning commission all such permits shall expire one year from the date of granting said permit unless construction on, or use of, the subject property, pursuant to the zoning permit, has started within this period. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.190 SU or Coastal Zone secondary use combining district.

A.    Generally. The following regulations shall apply in all districts which are combined with the SU combining district. At such time as it has been determined by the planning commission, after considering the evidence submitted, that the continuation, establishment or re-establishment of coastally dependent use is not feasible (as defined under Section 17.41.110) on any such property combined with the SU district, the following regulations shall become effective and be in full force and effect:

1.    Any and all such regulations specified in this code under the PC planned commercial zoning district regulations shall govern the use of property combined with the SU district.

2.    The interpretation of the PC regulations as they pertain to the use of property combined with the SU district shall be liberally interpreted to carry out the spirit and intent of the Marina local coastal program.

3.    In the event that an applicant makes an initial showing (at a noticed public hearing before the planning commission), based on substantial evidence, that coastal-dependent uses are not feasible; and in the event that the planning commission affirms this finding, any opponent or any interested party to such application must then demonstrate, by substantial evidence by the next regularly scheduled planning commission meeting that there is a feasible coastal-dependent use for the specific parcel taking into account such factors as the fair market value of the land, its size, location, shape and public access requirements. The planning commission at said next regularly scheduled planning commission meeting or any continuation thereof shall make a final determination, based on substantial evidence, as to the feasibility of coastal-dependent uses. The planning commission’s determination may be appealed to the city council, in writing, within five days of said final determination. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.200 C-P or coastal development permit combining district.

A.    Generally.

1.    The coastal development permit district is an overlay district to be combined with the districts designated in this chapter. In case of conflict between the coastal permit district and the underlying district with which it is combined, the coastal permit district regulations shall prevail.

2.    The coastal development permit district regulations shall be applied to the area within Marina’s Designated Coastal Zone except those areas and classes of development categorically excluded by actions of the California Coastal Commission.

3.    The purpose of the coastal development permit is to allow proper consideration of the local coastal land use and implementation plans in order to implement said plans by achieving consistency between the plans and developments within the C-P district.

B.    Uses Permitted. None.

C.    Conditional Uses. Uses permitted subject to first securing a coastal development permit in each case: any uses on private land or land held by the city, other municipality or public agency, or on state lands other than tidelands, which are permitted or conditional uses in the zoning district with which the C-P district is combined and which are consistent with the Marina general plan and local coastal land use plan and coastal zoning ordinance are conditional uses in the C-P district. Conditional uses may be authorized by planning commission approval of a coastal development permit.

D.    Development Regulations. Development regulations for the C-P district shall be as specified in the district with which the C-P district is combined, with whatever additional regulations the planning commission may add as conditions of the coastal development permit in order for the application to be consistent with the local coastal land use and implementation plans. If necessary or desirable in order to achieve consistency with the LCLUP, the underlying district regulations, such as setbacks, may be modified.

E.    Coastal Development Permits.

1.    Issuance, Hearing.

a.    Coastal development permits may be issued as provided in this section for any of the uses or purposes for which such permits are required or permitted by this title upon conditions designated by the planning commission.

b.    The planning commission may impose such conditions as it deems necessary to secure the purpose of this title and may impose such requirements and conditions with respect to location, construction, maintenance and operation, site planning, traffic control and time limits for the coastal development permit as it deems necessary for the protection of adjacent properties, the public interest and the implementation of the LCLUP and coastal zoning ordinance. The commission may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

c.    A public hearing shall be held on each application for a coastal development permit; notices of such hearings shall be given to persons designated and in the manner prescribed in Section 65854 et seq. of the California Government Code.

2.    Form of Application, Fee, Plans. Application for a coastal development permit shall be made in writing by the owner of the property, or by lessee, purchaser in escrow or optionee with the consent of the owner, on a form prescribed by the city. The application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposed use.

3.    Granting. In considering an application for a coastal development permit the planning commission shall consider and give due regard to the Marina general plan and local coastal land use and implementation plans. The planning commission shall determine whether or not the establishment, maintenance and operation of the use applied for will, under the circumstances of the particular case, be consistent with the general plan and local coastal land use and implementation plans, based upon the following findings that the project will:

a.    Not impair major view corridors towards the sea from Highway 1 parallel to the sea, including the planning guidelines listed in the LCLUP;

b.    Be subject to approval of the site and architectural design review board, including the planning guidelines listed in the LCLUP;

c.    Guarantee that appropriate legal action is taken to insure vertical and lateral coastal access or fees paid in-lieu thereof as required in the LCLUP and coastal zoning ordinance access components. Required improvements shall be completed, or a bond adequate to guarantee their completion shall be posted with the city, prior to issuance of a certificate of occupancy;

d.    Be adequately set back from the shoreline to withstand erosion to the extent that the reasonable economic life of the use would be guaranteed without need for shoreline protection structures;

e.    Protect least disturbed dune habitat areas, primary habitat areas and provide protection measures for secondary habitat areas consistent with the LCLUP and coastal zoning ordinance;

f.    Be consistent with beach parking standards, as established in the LCLUP access component;

g.    Included feasible mitigating measures which substantially reduce significant impacts of the project as prescribed in any applicable EIR;

h.    Not interfere with public access along the beach;

i.    Comply with the access, shoreline structure and habitat protection standards included in the local coastal land use and implementation plans;

j.    Comply with the housing element and housing recommendations of the local coastal land use and implementation plans;

k.    In the case of demolition of a residential structure, except to abate a nuisance, not detrimentally alter the character or housing mix of the neighborhood. The structure shall be moved, if capable of providing comparable housing opportunities at another location. The demolition and replacement structure shall comply with applicable local coastal land use plan policies;

l.    In the case of new surf zone or beach sand mining operations, comply with all standards regarding such operations specified in the LCLUP including standards for significant adverse impacts on shoreline erosion, either individually or cumulatively.

4.    Effective Date Outside the Coastal Appeals Zone. The coastal permit shall be effective the seventh day after planning commission approval unless the commission action is appealed to the city council, in which case, the permit shall not be effective until the city council has acted upon the appeal.

5.    Coastal Commission Appeal. Any coastal development permit decision of the city council within the local coastal appeal zone is subject to appeal to the State Coastal Commission within twenty-one days after the local decision, and will not become effective until after resolution of the appeal.

F.    Determination of Permit Requirement.

1.    The director of planning shall have the authority to determine whether or not any development proposed in the Coastal Zone is exempt from a coastal development permit pursuant to subsection G of this section.

2.    Any person wishing such determination shall submit to the planning department all plans, applications and information deemed necessary by the planning department to assess the development.

3.    After review, the director of planning shall notify the applicant in writing that the development is:

a.    Exempt and state the category of exemption; or

b.    That a coastal development permit is required and, if so, whether or not it is appealable to the California Coastal Commission.

c.    Notice of such decision shall also be submitted to the coastal commission.

3.    If the determination of the city is challenged by the applicant or an interested person, or if the city wishes to have a coastal commission determination as to the appropriate designation, the city shall notify the coastal commission by telephone of the dispute/question and shall request an executive director’s opinion which shall be made pursuant to Section 13569 of the coastal commission’s regulations.

G.    Exemptions. The types of projects listed below shall be exempt from the requirement for a coastal development permit. Requirements for any other permits are unaffected by this section.

1.    Improvements to Existing Single-Family Residences. The maintenance, alteration or addition to existing single-family dwellings which comply with the underlying district regulations, including the establishment or expansion of nonhabitable accessory structures normally associated with residential uses such as garages, decks, workshops, landscaping, storage sheds, pools, fences, gazebos, patios, greenhouses, driveway paving and similar improvements but not including guest houses or self-contained residential units. However, the following classes of development shall require a permit because they involve a risk of adverse environmental impact:

a.    Improvements to a single-family structure on a beach or wetland; seaward of the mean high tide line or where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff. Wetland is defined in Section 30121 of the Coastal Act as:

“Wetland” means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

Specific wetlands are mapped in the land use plan,

b.    Any significant alteration of landforms including removal or placement of vegetation, on a beach, wetland or sand dune, or within fifty feet of the edge of a coastal bluff. “Coastal bluff” is defined in the California Administrative Code Section 13577(h),

c.    The expansion or construction of water wells or septic systems,

d.    On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in the Highway 1 scenic road corridor, improvement that would result in an increase of ten percent or more of internal floor area of an existing structure, or an additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section or a coastal permit, increase in height by more than ten percent of an existing structure, the construction of an additional story (including lofts) in an existing structure, and/or any significant nonattached structure such as garages, fences, shoreline protective works, docks or trees or satellite dishes,

e.    In areas determined to have critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water-using development not essential to residential use including but not limited to swimming pools, or construction or extension of any landscaping irrigation system,

f.    Additions or expansions to developments which, by conditions of previous permit issued by the city or Coastal Commission, require development permits for such addition or expansion;

2.    Improvements to existing structures other than single-family residences or a public works facility. The maintenance, alteration or addition to existing structures other than single-family dwellings and public works facilities including all fixtures and structures directly attached to the structure and landscaping on the lot; however, the following classes of development shall require a permit because they involve a risk of adverse environmental effect, adversely affect public access or involve a change in use contrary to the certified LCP:

a.    Improvements to any structure on a beach, wetland, stream or lake, seaward of the mean high tide line or where the structure or proposed improvement would encroach within fifty feet of the edge of a coastal bluff. (For the purposes of this chapter, “beach” shall be as defined in California Administrative Code Section 13577(g); “wetland” shall be as defined in Coastal Act Section 30121; and “stream” shall be as defined in California Administrative Code Section 13577(a)),

b.    Any significant alteration of landforms including removal or placement of vegetation, on a beach, wetland or sand dune, or within one hundred feet of the edge of a coastal bluff, vernal pond or stream or in areas of natural vegetation designated as a sensitive habitat,

c.    The expansion or construction of water wells or septic systems,

d.    On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in the Highway 1 scenic road corridors an improvement that would result in an increase of ten percent or more of internal floor area of the existing structure, or constitute an additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section or a coastal permit, and/or the increase in height by more than ten percent or construction of an additional story (including lofts) in an existing structure, or satellite dishes,

e.    In areas determined to have critically short water supply that must be maintained for the protection of coastal recreation or public recreational use, the construction of any specified major water-using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system,

f.    Any improvement to a structure which changes the intensity of use of the structure,

g.    Any improvement made pursuant to a conversion of an existing structure from a multiple-unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel time-sharing conversion,

h.    Additions or expansions to developments which by conditions of a previous permit issued by the city or coastal commission require development permits for such addition or expansion;

3.    Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers;

4.    Repair or maintenance activities and safety improvements that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; however, the following classes of repair and maintenance shall require a permit because they involve a risk of adverse environmental impact:

a.    Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall or similar shoreline work that involves:

i.    Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures,

ii.    The placement, whether temporary or permanent, of riprap, artificial berms or sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, waters, streams, wetlands, estuaries and lakes or on a shoreline protective work,

iii.    The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind, or

iv.    The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within twenty feet of coastal water or streams,

b.    Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area as defined by Coastal Act Section 30107.5, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that includes:

i.    The placement or removal, whether temporary or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials,

ii.    The presence, whether temporary or permanent, of mechanized equipment or construction materials;

5.    Any category of development requested by the city as a categorical exclusion pursuant to Section 13241 of the coastal commission’s regulations and approved by the coastal commission pursuant to Coastal Act Section 13241 of the Regulations;

6.    The installation, testing and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this chapter or previously granted a permit by the coastal commission; provided that the city may, where necessary, require reasonable conditions to mitigate any adverse impact on coastal resources, including scenic resources;

7.    The replacement of any structure, other than a public works facility, destroyed by natural disaster. Such replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent and shall be sited in the same location on the affected property as the destroyed structure.

a.    As used in this subsection, “natural disaster” means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.

b.    As used in this subsection, “bulk” means total interior cubic volume as measured from the exterior surface of the structure.

c.    As used in this subsection, “structure” means and includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster;

8.    Harvesting of agricultural crops;

9.    Land division brought about in connection with the purchase of land by a public agency for public recreational use;

10.    Any project undertaken by a federal agency;

11.    Any project which has a valid permit from the coastal commission;

12.    Tree removal (which is not major vegetation), except as precluded by other section of this chapter;

13.    Abatement of dangerous buildings;

14.    Repair and maintenance activities, and safety improvements on public roads and traffic-control devices that do not result in an addition to, or enlargement or expansion of the object of such repair or maintenance activities;

15.    Routine maintenance of existing public parks is exempt including repair or modification of existing public facilities where the level or type of public use or the size of structures will not be altered;

16.    All interior remodeling, residential and nonresidential, except where use is being converted to a more intensive use;

17.    Any activity anywhere in the Coastal Zone that involves the conversion of any existing multiple-unit residential structure to a timeshare project, estate or use, as defined in Section 11003.5 of the Business and Professional Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this division, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subdivision. The division of a multiple-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a timeshare project, estate or use for purposes of this subsection.

H.    Determination of Excluded Projects. (Section not effective until action by California Coastal Commission.)

I.    Excluded Projects. (Section not effective until action by California Coastal Commission.)

J.    Issuance of administrative coastal development permit by the director of planning.

1.    Definition. An administrative coastal development permit is a coastal permit issued by the director of planning which does not become effective until its issuance is reported to the city council. If one-third of the members of the city council so request, issuance of the administrative permit shall not become effective and, at the applicant’s request, the application shall be considered as a regular coastal development permit at the next regularly scheduled meeting of the city council.

2.    Applicability.

a.    Following the review of a coastal permit application by the director of planning, said official shall have the authority to issue a coastal permit by virtue of Section 30624 of the California Coastal Act for the following nonemergency developments;

i.    Improvements to any existing structure,

ii.    Any single-family dwelling,

iii.    Any other developments not in excess of one hundred thousand dollars, other than any division of land,

iv.    Any development of four dwelling units or less that does not require demolition. However, said authority of the director of planning shall not apply to that development which is within the coastal commission’s continuing permit jurisdiction pursuant to Coastal Act Section 30519 or appealable to the coastal commission pursuant to Coastal Act Section 30603 or any division of land. Such permit for nonemergency development shall not be effective until after reasonable public notice and adequate time for the review of such issuance has been provided, as specified in subsection K of this section.

b.    If the planning director receives an application that is asserted to be for improvements or other development within the criteria established in subsection (J)(2)(a) of this section and if the planning director finds that the application does not qualify as such, he or she shall notify the applicant that the permit application cannot be processed administratively and must comply with procedures for coastal development permits provided in subsection E of this section. The planning director, with the concurrence of the applicant, may accept the application for filing as a regular permit and shall adjust the application fees accordingly.

c.    In the case of any development involving a structure or similarly integrated physical construction which lies partly within and partly outside the coastal commission’s appeal area, the entire structure or similar integrated physical construction must be subject to at least one public hearing and may not be processed as an administrative permit.

3.    Action. The planning director may deny, approve or conditionally approve applications for administrative coastal development permits on the same grounds as contained in subsection E of this section for an ordinary CDP application and may include reasonable terms and conditions necessary to bring the project into consistency with the certified LCP.

4.    Administrative Permit Deemed Final. A decision on an administrative permit shall not be deemed final and effective until:

a.    The decision on the application has been made, the city council review of the permit is complete, and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP and, when applicable, the public access and recreation policies of Chapter 3 of the Coastal Act; and

b.    When all rights of appeal under city ordinances have been exhausted.

J.    Effective Date of Short Form Permits. Any administrative permit or waiver authorization issued by the director of planning pursuant to the provisions of this section shall be scheduled on the agenda of the city council at its first scheduled meeting after that permit has been issued. The planning director shall prepare a report in writing with sufficient description of the work authorized to allow the city council to understand the development to be undertaken. Such report shall be available at the meeting and for administrative permits shall be mailed to all persons wishing to receive such notification at the time of the regular mailing of notice for the meeting and any person who requested to be on the mailing list for the project meeting and any person who requested to be on the mailing list for the project as in subsection K below. If, at the meeting, one-third of the appointed members of that governing body so request, the permit or authorization issued by the director of planning shall not go into effect and, if the applicant wishes to pursue the application, the application for a coastal development permit shall be processed by the city pursuant to standard coastal permit procedures listed in this chapter. Unless the city council indicates otherwise, the failure to object to issuance of any waiver or administrative permit shall be presumed to be based upon the findings set forth and adopted.

K.    Public Notice. Prior to scheduling any short form permit for city council review, with the exception of categorically excluded projects, the director of planning shall comply with the following public notice procedures:

1.    At the time the permit application is submitted the applicant must post, at a conspicuous place, easily read by the public and on the site, or as close as possible to the site, of the proposed development, notice that an application for the proposed development has been submitted to the city using a standardized form(s) provided by the planning director. The notice shall contain a general description of the nature of the proposed development. If the applicant fails to post and keep posted the completed notice form until the waiver or administrative permit becomes effective, the planning director shall refuse to file the application or shall withdraw the application from filing if it has already been filed when he or she learns of such failure. The city shall enforce the administrative permit or waiver authorization pursuant to procedures set forth in Chapter 17.60 if it determines that the administrative permit or waiver authorization was granted without proper notice having been given, and the failure of the noticing may have caused the planning director to act differently in issuing said permit.

2.    Within ten calendar days of filing an application for a coastal development permit or at least ten calendar days prior to the first public hearing or to city council review of the planning director’s action on the development proposal, the local government shall provide notice by first class mail of pending application for development.

3.    This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within one hundred feet of the perimeter of the parcel on which the development is proposed, to the coastal commission; and in cases where public hearings are required under other provisions of Marina’s ordinances to property owners within three hundred feet of the perimeter of the parcel on which the development is proposed, and shall also be published in a newspaper of general circulation. The notice shall contain the following information:

a.    A statement that the development is within the Coastal Zone;

b.    The date of filing of the application and the name of the applicant;

c.    The number assigned to the application;

d.    A description of the development and its proposed location;

e.    The date, time and place at which the application will be heard by the local governing body or hearing officer;

f.    A brief description of the general procedure of local government concerning the conduct of hearing and local actions, including the general procedure concerning the submission of public comments either in writing or orally prior to the decision;

g.    A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the decision;

h.    The system for local approvals and appeals, including any local fees required;

A description of the general procedures concerning administrative permits and/or waiver authorizations. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.210 Parking requirements.

A.    Generally. All uses permitted by this title shall provide minimum parking in accordance with the formulas in this chapter.

B.    Residential. Parking requirements for residential use shall be as follows:

1.    Single-family Dwellings. Two spaces which shall be in a garage;

2.    Duplex Dwellings. Two spaces, per dwelling unit, one of which shall be covered;

3.    Guest Houses. One space;

4.    Multiple Dwellings.

a.    One-bedroom units and efficiencies: one space for each dwelling unit which shall be covered plus one additional space for each five dwelling units or fraction thereof,

b.    Two-bedroom units: one and one-half spaces for each dwelling unit, one of which shall be covered plus one additional space for each five dwelling units or fraction thereof,

c.    Three or more bedroom units: two spaces for each dwelling unit, one of which shall be covered plus one additional space for each five dwelling units or fraction thereof,

d.    General Note. All required on-site parking spaces shall be uniformly distributed throughout the development to the satisfaction of the site and architectural design review board,

e.    General Note. Twenty percent of all required parking spaces, but in no case less than one space, shall be kept unreserved and available for visitor parking. Visitor parking spaces shall be identified by a sign or other means and shall be uniformly distributed throughout the development to the satisfaction of the site and architectural design review board;

5.    Rooming and boarding houses: one covered parking space for each bedroom;

6.    Hotel, resort hotel, motel and auto court accommodations: one space for each unit; one space for the manager and one and one-half spaces for any unit in a hotel, resort hotel, motel or auto court containing a kitchen or kitchenette. Separate parking requirements remain applicable to other uses which may be associated with such complexes, such as restaurants, conference centers or public coastal access;

7.    Mobile home parks: two parking spaces for each mobile home site plus two additional spaces for each five mobile home sites or fraction thereof;

8.    Recreational Vehicle Park. One parking space for each six recreational vehicle sites.

C.    Commercial.

1.    Medical and dental offices: one parking space for each three hundred square feet of gross floor area plus one space for each office unit;

2.    Veterinary hospitals and offices: one parking space for each three hundred square feet of gross floor area;

3.    Service establishments, banks, offices: one parking space for each three hundred square feet of gross floor area;

4.    Restaurants: one parking space for each sixty square feet of dining area;

5.    Taverns: one parking space for each four seats;

6.    Retail stores: one parking space for each two hundred seventy-five square feet of gross floor area;

7.    General commercial (nursery, building materials yard, etc.): one parking space for each three regular employees on the largest shift and not less than one parking space for each two thousand square feet of gross floor area;

8.    Take-out food establishment: eight parking spaces plus one space for each one hundred square feet of gross floor area;

9.    Loading space: one loading space for each five thousand square feet of store floor area.

D.    Recreational Facilities. Recreational facilities parking requirements shall be as follows:

1.    Ballparks, stadiums, outdoor recreation centers: one parking space for each eight seats;

2.    Bowling alleys: five parking spaces for each alley;

3.    Swimming pools: one parking space for each one hundred square feet of pool area.

E.    Public Buildings. Public building parking requirements shall be as follows:

1.    Theaters, churches, indoor sports arenas, assembly halls, auditoriums, and similar places of public assemblage: one parking space for each four seats, and not less than one parking space for each two hundred square feet of gross floor area;

2.    Libraries, museums, art galleries: one parking space for each three hundred square feet of gross floor area;

3.    Hospitals: one parking space per bed plus one parking space for each three employees, and not less than one parking space for each three hundred square feet of gross floor area.

F.    General Requirements. General requirements shall be as follows:

1.    Any off-street parking space, whether or not required by the terms of this title for any building or use wherein more than two automobile parking spaces are required, shall be designed so as to provide for maneuvering of the vehicles on the building site in such a way that they may leave the building site to enter any public or private road in a forward direction;

2.    Required parking shall not be permitted in front or side setback areas;

3.    All required parking areas and driveway surfaces shall be permanently paved and maintained to the satisfaction of the city engineer;

4.    As defined by this title, a required parking space shall be a minimum of nine feet by nineteen feet. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.220 Variances.

A.    Generally. Variances to the yard, height, coverage and area regulations of this title may be authorized by a variance permit granted in accordance with the provisions of this chapter.

B.    Authority. The planning commission shall hear and decide all applications for variance permits.

C.    Application and Fees. Application for a variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee to be established by resolution of the city council from time to time hereinafter enacted, and by statements, plot plans, and other evidence showing:

1.    That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;

2.    That the grant of a variance permit would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated; and

3.    That any variance granted is found to be consistent with all applicable local coastal land use plan recommendations and requirements.

D.    Public Hearing. A public hearing shall be held after filing application, and not less than ten calendar days prior thereto the planning commission shall give notice of hearing thereon by one publication in a newspaper of general circulation. In addition, the planning commission may also give notice of such hearing by mailing postage prepaid a notice of the time and place of such hearing to all persons owning property adjacent to the exterior boundaries of the area actually occupied or to be occupied by the use for which the variance was applied. Addresses shall be used from the last equalized assessment roll, or alternatively, from such other records of the assessor or the tax collector as contain more recent addresses.

E.    Action by Planning Commission. After conclusion of the public hearing, the planning commission shall make it’s decision in writing, which decision shall include findings of fact as to whether the qualifications under Section 17.21.220(C)(1) and (C)(2) apply to the land, building or use of which variance is sought. The planning commission may include such conditions in connection with the variance as they deem reasonable and necessary under the circumstances to preserve the integrity and character of the district and to secure the general purposes of this title. Such conditions may include, but are not limited to architectural and site approval, time limitations, street dedications, and street and drainage improvements. The planning commission may also require such bonds and guarantees as they deem appropriate to assure the compliance of the conditions.

F.    Appeal.

1.    An appeal to the city council may be filed by any person aggrieved by a decision of the planning commission. Such appeal shall be in writing and shall be filed with the city clerk within ten days after written notice of the decision has been mailed to the applicant. At the time of the filing of the appeal, the appellant other than the applicant, shall pay a filing fee to be established by resolution of the city council from time to time hereinafter enacted. An appeal shall set forth specifically the points at issue, the reasons for the appeal, and wherein the appellant believes there was an error or abuse of discretion by the planning commission.

2.    Upon receipt of the notice of appeal, the city council shall set a date for public hearing thereon, giving notice thereof pursuant to Section 17.21.220(D). The city council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made, and such action shall be final.

G.    Revocation.

1.    Where one or more of the conditions of the granting of a variance have not been, or are not being complied with, or when a variance was granted on the basis of false material information, written or oral, given wilfully or negligently by the applicant, the planning commission may revoke or modify such variance following a hearing thereon. Notice of such hearing shall be given in writing to the permittee at least ten days prior to said hearing. Notice of such hearing shall also be given as described in Section 17.21.220(D). Following the hearing, the planning commission may revoke or modify the variance.

2.    An appeal may be taken from such revocation or modification in the same manner as described in Section 17.46.060.

3.    All variances issued by the planning commission shall be valid until the date of expiration stated on the permit, or if no date of expiration is stated, or unless otherwise specified by the planning commission, all such permits shall expire one year from the date of granting said permit unless construction on, or use of, the subject property has started within this period.

H.    Effects. No building permit shall be issued nor any use conditions and terms of the variance granted, until ten days after the mailing of notice of granting of such variance by the planning commission or after granting of such variance by the city council in the event of appeal. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.230 Use permits.

A.    Generally.

1.    Use permits, revocable, conditional, or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title.

2.    The planning commission shall have the power to hear and decide applications for, and issue use permits, for all uses for which a use permit is required or permitted.

3.    As used in this chapter, the words “appropriate authority” means the planning commission when the application for a use permit is one which is within its power to issue.

B.    Application and Fees.

1.    Application for a use permit shall be made to the appropriate authority in writing on a form prescribed by it, and shall be accompanied by statement, plans and elevations necessary to show the detail of the proposed use or building.

2.    Such application shall be accompanied by a fee to be established by resolution of the city council from time to time hereinafter enacted, no part of which shall be returnable to the applicant.

C.    Public Hearing. A public hearing shall be held after filing of application, and after the determination of the planning commission that the information submitted by the applicant is sufficient to consider the matter, and not less than ten calendar days prior thereto the appropriate authority shall give notice of hearing thereon by one publication in a newspaper of general circulation. In addition, the appropriate authority may also give notice of such hearing by mailing postage prepaid notice of the time and place of such hearing to all persons owning property adjacent to the exterior boundaries of the area actually occupied or to be occupied by the use for which the use permit was applied. Addresses shall be used from the last equalized assessment roll, or alternatively, from such other records of the assessor or the tax collector as contain more recent addresses in the opinion of the appropriate authority.

D.    Action by Appropriate Authority.

1.    In order to grant any use permit, the findings of the appropriate authority shall be that the establishment, maintenance or operation of the use or building applied for will not under the circumstances of the particular case, be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; and the use is consistent with all applicable local coastal land use plan recommendations and requirements.

2.    The appropriate authority may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title. Such conditions may include, but are not limited to, architectural and site approval, time limitations, street dedication, and street and drainage improvements. The appropriate authority may also require such bonds and guarantees as it deems appropriate to assure the compliance of the conditions.

E.    Appeal.

1.    An appeal to the city council may be filed by any person aggrieved by a decision of the appropriate authority. Such appeal shall be in writing and shall be filed with the city clerk within ten days after written notice of the decision has been mailed to the applicant. At the time of the filing of the appeal, the appellant shall pay a filing fee to be established by resolution of the city council from time to time hereinafter enacted. An appeal shall set forth specifically the points at issue, the reasons for the appeal, and wherein the appellant believes there was an error or abuse of discretion by the appropriate authority.

2.    Upon receipt of the notice of appeal, the city council shall set a date for public hearing thereon, giving notice thereof pursuant to subsection C of this section. The city council may reverse or affirm, wholly or partly, or may modify the order, make such order, requirements, decision, or determination as should be made, and such action shall be final.

F.    Revocation.

1.    Where one or more of the conditions of the granting of a use permit have not been, or are not being complied with, or when a use permit was granted on the basis of false material information, written or oral, given wilfully or negligently by the applicant, the appropriate authority may revoke or modify such use permit following a hearing thereon. Notice of such hearing shall be given in writing to the permittee at least ten days prior to said hearing. Notice of such hearing shall be given as described in subsection C of this section. Following the hearing, the appropriate authority may revoke or modify the use permit.

2.    An appeal may be taken from such revocation or modification in the same manner as described in Section 17.48.050.

3.    All use permits issued by the appropriate authority shall be valid until the date of expiration stated on the permit, or if no date of expiration is stated, or unless otherwise specified by the appropriate authority, all such permits shall expire one year from the date of granting said permit unless construction on, or use of the subject property has started within this period.

G.    Effect. No building permit shall be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the use permit granted, nor until ten days after the mailing of notice of granting of such use permit by the appropriate authority, or, after granting of such use permit by the city council, in the event of appeal. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.240 Site and architectural design review.

A.    Site and Architectural Design Review Board—Approval Required When. The Marina planning commission shall appoint a site and architectural design review board, hereinafter referred to as the board, as a subcommittee of the Marina planning commission. The board shall have the power to review and make recommendations to the planning commission regarding all applications for developments in the city. A building permit shall not be issued for any of the following uses until site and architectural design approval has been obtained: public buildings and grounds; public and private schools; colleges, libraries, art galleries, and museums; public and private hospitals and other institutions; churches and other religious buildings and grounds; clubs, lodges, mortuaries, meeting halls, and other places of public assembly; motels and hotels; office buildings; all commercial and industrial uses; mobile home parks; parking lots; public utility structures and installations, except poles and towers carrying overhead lines; and more than one dwelling unit on a single parcel.

B.    Application and Fees.

1.    Applications for site and architectural design review shall be accompanied by drawings showing front, side and rear elevations of the proposed building, structure signs, fences, developments, or improvements or additions thereto. The applicant shall also submit plans or drawings showing in reasonable detail, proposed building or structural locations, topography, existing vegetation, proposed parking layout and location, proposed landscaping plans and proposed color schemes.

2.    Such applications shall be accompanied by a fee to be established by resolution of the city council from time to time hereinafter enacted, no part of which shall be returnable to the applicant.

C.    Board Action. The board shall consider all necessary plans, drawings and statements in an endeavor to encourage buildings, structures, or other improvements to be designed and constructed, and so located, that they will not be unsightly, undesirable or obnoxious in appearance to the extent that they will hinder the orderly and harmonious development of the city, impair the desirability of residence or investment or occupation in the city, limit the opportunity to obtain the optimum use and value of the land and improvements, impair the desirability of living conditions on or adjacent to the subject site, conform with the standards included in the local coastal land use plan and/or otherwise adversely affect the general welfare of the community.

1.    Preliminary Design Review. The board shall suggest any changes in plans of such proposed buildings, structures, or other improvements, as it may deem necessary to accomplish the purposes of this section, and shall not recommend to the commission approval of any such plans until it is satisfied that such purposes will be accomplished thereby.

D.    Planning Commission Action. The planning commission shall review the preliminary design review recommendation of the board in acting upon the site and architectural design approval. All improvements which have received site and architectural design approval shall be constructed substantially in accordance with the approved plans, and no change shall be made subsequently without the review and approval of the planning director.

E.    Appeal. If the applicant is not satisfied with the action of the planning commission, said person may file an appeal with the city council in writing within ten days after written notice of the decision of the planning commission has been mailed to the applicant. The appeal shall set forth specifically the points of issue, the reason for the appeal, and wherein the appellant believes there was an error or abuse of discretion by the appropriate authority. The city council shall hold a hearing on said appeal and shall render its decision thereon within thirty days after filing thereof. The city council may reverse or affirm or modify the decision of the planning commission and such action shall be final. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.250 Nonconforming uses.

A.    General Guidelines. The lawful use of land, existing at the time any provisions of the ordinance codified in this title becomes applicable to such land, although such use does not conform to such provision, may be continued, except that:

1.    No such use shall be enlarged or increased, nor extended to occupy a greater area than that occupied by such use at the time such provision became applicable, and except that if any such use ceases, as hereinafter provided, any subsequent use of such land shall be in conformity with the regulations specified by this title for the district in which such land is located.

2.    All nonconforming outdoor advertising signs and outdoor advertising structures shall be removed entirely on or before January 1, 1979, except those in U districts and those in C-1, C-2 and M districts for which a use permit has been obtained.

3.    All nonconforming outdoor advertising signs and outdoor advertising structures located on property in a U district shall be removed entirely within five years from the date such property is reclassified into some other zoning district, unless the reclassification is to be a C-1, C-2 or M district and a use permit has been obtained within such five-year period.

4.    All nonconforming wrecking yards and junkyards shall be enclosed by a solid board or masonry fence at least six feet in height for fire prevention and prevention of the spread of litter and debris, except that no junk, dismantled cars or machinery shall be stacked higher than the fence. Wrecking yards and junkyards shall comply with these special regulations.

B.    Continuance of Nonconformity. The lawful use of a building existing at the time any provisions of the ordinance codified in this title becomes applicable thereto may be continued, although such building and/or use does not conform to such provision.

C.    Uses Requiring a Coastal Permit. Any use for which a coastal permit is required by the terms of this title shall be considered a nonconforming use unless and until a coastal permit is obtained in accordance with Section 17.41.090.

D.    Damaged Buildings. If at any time any building is in existence at the time any provision of the ordinance codified in this title becomes applicable to it, which does not conform to such provision, is damaged or destroyed by fire, explosion, act of God, or act of public enemy, to the extent to more than seventy-five percent of the assessed value thereof, as shown on the latest Monterey County assessment roll, prior to such destruction, the land and building shall be subject to all the regulations specified by this title for the district in which such land and building are located; provided such building may be rebuilt to a total floor area not exceeding that of the building destroyed and may continue as herein provided for nonconforming uses, if a coastal permit is first secured.

E.    Abandonment. If the actual operation of a nonconforming use of a building or land ceases for a continuous period of six months, it shall be presumed that such use has been abandoned; and without further action by the planning commission, the said building or land shall be subject to all the regulations specified by this title for the district in which such building and land are located.

F.    Nonconforming Buildings. The following additional regulations shall apply to nonconforming buildings:

1.    The nonconforming use of a building may be changed to a use of the same or more restricted nature provided that in each case a coastal permit is first secured.

2.    The nonconforming use of a portion of a building may be extended throughout the building provided that in each case a coastal permit is first secured.

3.    The enlargement, extension, reconstruction or structural alteration of a nonconforming building may be permitted in circumstances and in accordance with the limitations as described below:

a.    Nonconforming building, nonconforming only as to height and yard regulations, may be permitted said additions or improvements, if said additions or improvements conform to all the regulations of the district in which they are located.

4.    Ordinary maintenance and repairs may be made to any nonconforming building, provided no structural alterations are made and provided that such work does not exceed twenty-five percent of the assessed value in any one-year period.

5.    No nonconforming building, structure or sign shall be moved in whole or in part to any other location unless every portion of such building, structure or sign which is moved is made to conform to all the regulations of the district in which it is located.

G.    Start of Construction Before Effective Date. Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date of the ordinance codified in this title. “Actual construction” is defined to be: the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement, or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved.

H.    Changing of Districts. The foregoing provisions shall also apply to nonconforming uses in districts hereinafter changed.

I.    Nonconforming Parcels. A parcel of land which does not comply with the size, shape, dimension or frontage requirements of the district in which it is located shall be deemed a lawful building site if:

1.    Such parcel was a lawful building site immediately prior to the time said requirements became applicable to it; and

2.    At the time said requirements became applicable to it, the owner or owners thereof owned no adjoining land, unless said parcel is:

a.    A lot in a minor subdivision which has been approved by the city and when all conditions of said minor subdivision have been complied with, or

b.    A lot in a subdivision which has been approved by the city, with the exception of lots twenty-five feet or less in width. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.260 Surface mining and reclamation standards.

A.    Purpose and Intent.

1.    This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code.

2.    The city council finds and declares that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

3.    The city council further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

4.    The city council further finds that surface mining takes place in areas where the geologic, topographic, climatic, biological and social conditions are different and that reclamation operations and the specifications therefore may vary accordingly.

B.    Definitions. As used in this chapter:

“Environmental assessment” means the study of the environment of an area proposed to be mined including the flora, fauna, geologic, erosion potential and other factors deemed to be important by qualified experts of appropriate disciplines.

“Environmental impact report” means a report on the environmental effects of a project prepared according to the standards and provisions of the California Environmental Quality Act (CEQA).

“Exploration” or “prospecting” means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quality of minerals present.

“General plan” means the adopted general plan for the city of Marina.

“Local coastal program” means the adopted local coastal land use and implementation plans for the city as certified by the California Coastal Commission.

“Mined lands” means and includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

“Minerals” means any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, sand, but excluding geothermal resources, natural gas and petroleum.

“Mining waste” means and includes the residual of soil, rock, mineral liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

“New mining” means and includes any significant increase in the rate of extraction or change in location.

“Operator” means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf.

“Overburden” means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.

“Permit” means any formal authorization from or approval by, the city without which surface mining operations cannot occur.

“Person” means any individual, firm, association, corporation, organization or partnership, or any city, county, district or the state or any department or agency thereof.

“Reclamation” means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

“State board” means State Mining and Geology Board in the Department of Conservation, state of California.

“State geologist” means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.

“Surface mining operations” means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to: (1) in-place distillation, retorting or leaching; (2) the production and disposal of mining waste; and (3) prospecting and exploratory activities.

C.    Scope.

1.    The provisions of this chapter shall apply to the incorporated areas of the city.

2.    The provisions of this chapter are not applicable to:

a.    Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster;

b.    Such other mining operations that the city determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to Sections 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975 (SMARA).

D.    Permit, Reclamation Plan and Reporting Requirements.

1.    Reclamation Plan Requirements. Reclamation plans as defined in this chapter shall be required of all mining operations undertaken since January 1, 1976. Any person who proposes to engage in new mining operations as defined in this chapter shall also be required to prepare a reclamation plan prior to commencing new mining operations.

a.    Existing Mining Operations. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall submit and receive city approval of a reclamation plan within two years from the effective date of the ordinance codified in this chapter for all mining operations conducted after January 1, 1976. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were lawfully conducted prior to, but not after January 1, 1976.

b.    Reclamation Plan Review. Approved reclamation plans shall be reviewed by the planning commission at least every five years. It shall be the sole responsibility of the operator to submit a written request to the planning commission prior to the expiration of each five-year period. Operator shall provide the planning commission with ample evidence that compliance is being maintained with the provisions of the approved reclamation plan. The planning commission retains the right subsequent to reclamation plan review to modify the terms of any reclamation plan to assure continuing compliance with the local coastal program. Furthermore, the planning commission may consider and approve modification of any reclamation plan requested by the operator so long as it finds that the reclamation plan is in compliance with the local coastal program.

2.    Permit Requirements. The planning commission shall issue a mining permit for any new surface mining operation, which the planning commission finds is in conformance with the local coastal program. No new mining activity shall take place prior to the issuance of a mining permit by the planning commission.

a.    Existing Mining Operations. Existing mining operations are required to obtain a mining permit from the city in accordance with the requirements of this chapter within two years from the date of adoption of the ordinance codified in this chapter except as provided in subsection (D)(2)(d) of this section.

b.    Mining Permit Review. The planning commission shall review mining permits issued pursuant to this chapter every five years. It shall be the sole responsibility of the operator to submit a written request to the planning commission prior to the expiration of each five-year period. Operator shall provide the planning commission with ample evidence that compliance is being maintained with the local coastal program and the approved reclamation plan for the site. The planning commission retains the right subsequent to mining permit review to modify the terms of any mining permit required to assure continuing compliance with the local coastal program. Furthermore, the planning commission may consider and approve modifications of any mining permits so long as it finds that any such modification is in compliance with the local coastal program and reclamation plan.

c.    Review Period Adjustment. It is the intent of the city to review mining permits concurrent with reviewing reclamation plans, whenever possible, for any individual mining operation. In order to assure that the city’s intent is realized the planning commission may permit reasonable adjustments in the timing of mining permit review.

d.    Permit Limitations. No person who has obtained a legal vested right to conduct a surface mining operation prior to January 1, 1976 shall be required to secure a mining permit pursuant to the provisions of this chapter so long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of this chapter.

e.    Mining Permit Revocation. Mining permits may be revoked by the planning commission following a hearing. Operator shall be notified in writing at least ten days prior to such hearing. Grounds for revocation shall be noncompliance with the provisions of this chapter, the approved reclamation plan, coastal development permit (if applicable) and the local coastal program (if applicable).

f.    Notification of State Geologist. The State Geologist shall be notified of the filing of all permit applications.

g.    Periodic Review. This chapter shall be reviewed and revised, as necessary to ensure that it is consistent with the state policy for mined lands reclamation and the city’s local coastal plan and general plan.

3.    Reporting Provision. In order to establish reference base data for the purpose of determining whether or not any particular mining activity constitutes new mining activity and to monitor shoreline erosion it is required that all operators of existing mining operations submit to the planning department a brief written statement specifying the approximate annual volume of sand being removed and an accurate cronaflex ortho-topographic map, at a scale of one inch equals two hundred feet with two-foot contour intervals, preferably prepared by a licensed photogrammetric engineer. All elevations on said map shall be based on city datum. Said maps may also be prepared by a licensed surveyor or civil engineer. All areas being mined shall be clearly and accurately outlined on said topographic map. The information specified above shall be certified for accuracy and be submitted by the operator to the city.

a.    Initial Submittal. Initial submittal of the reference base data shall be completed by existing operators within six months from the effective date of the ordinance codified in this chapter.

b.    Subsequent Resubmittal. Updated reference base data shall be resubmitted to the planning department by January 1, 1984 and every January 1st thereafter.

c.    New Mining Operations. New mining operations will be required to submit reference base data concurrent with the application for a mining permit and reclamation plan approval and shall also be required to resubmit updated reference base data every January 1st thereafter. If initial submittal of reference base material takes place after July 1st in any given year operator shall be exempted for resubmitting updated reference base information the following January 1st but shall be required to resubmit updated reference base material every January 1st thereafter.

4.    Permit and Reclamation Plan Fee. A fee shall be established by the city council and shall be paid to the city at the time of filing a permit application or reclamation plan.

5.    Reclamation Plan Requirements. The planning commission shall review reclamation plans and find that they include the following:

a.    The name and address of the operator and the names and addresses of any persons designated by him as his agent for the service of process;

b.    The anticipated quantity and type of materials for which the surface mining operation is to be conducted;

c.    The proposed dates for the initiation and termination of such operation;

d.    The maximum anticipated depth and area of the surface mining operation;

e.    The size and the legal description of the land, that will be affected by such operation, a map that includes the boundaries and topographic details of such lands, a description of the geology of the area in which surface mining is to be conducted; a line indicating the tsunami run-up line; the location of all rare and endangered plant and animal species and their habitat in the area where surface mining is to be conducted; the location of all streams, roads, railroads and utility facilities within, or adjacent to such lands; the location of all proposed access roads to be constructed in conducting such operation; and the names and address of the owners of all surface and mineral interests of such lands;

f.    A description of the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that the reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;

g.    A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;

h.    A description of the manner in which reclamation adequate for the proposed use or potential uses will be accomplished, including:

i.    A description of the manner in which contaminants will be controlled, and mining waste will be disposed, and

ii.    A description of the manner in which rehabilitation of affected natural habitat areas to their original condition will occur, and

iii.    A description of the manner in which the tsunami run-up zone will be preserved to protect the public safety of the community;

i.    An assessment of the effect of implementation of the reclamation plan on future mining in the area;

j.    A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan; and acknowledgement that the obligations of the plan transfer from one operator to another on a site;

k.    An environmental assessment of the area to be mined executed by at least a qualified biologist and a qualified geologist selected from the city’s list;

l.    If in the environmental assessment, any rare and endangered species habitats and/or shoreline erosion are found to be present on the site, an environmental impact report must be completed and all mitigations, including those for rare and endangered species and/or shoreline erosion, included in the proposed reclamation plan;

m.    Compliance and conformance with the Marina local coastal program and city’s general plan, zoning ordinance and any other pertinent city ordinances and regulations;

n.    Map of all areas mined prior to January 1, 1976;

o.    Any other information which the planning commission may require as pertinent to the determination of the adequacy of the proposed plan.

6.    Time Limits. Time limits for the approval of a reclamation plan or mining permit for existing operations may be extended for a period of up to one year by the planning commission or city council on appeal subject to the following conditions:

a.    Written request is provided by the operator prior to expiration of initial two-year time period.

b.    Operator shall submit evidence to planning commission or city council showing good cause for the extension request.

7.    Transferability. Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this chapter.

E.    Review Procedure. The planning commission shall review the permit application and the reclamation plan and shall schedule a public hearing within thirty days of accepting the completed application. The public hearing will be held for the purpose of considering a permit or reclamation plan for the proposed surface mining operation.

F.    Performance Bond. Upon a finding by the planning commission that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the city planner of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or other security guarantee conditioned upon the faithful performance of the reclamation plan shall be filed with the city. Such surety shall be executed in favor of the city and reviewed and revised, as necessary. Such surety shall be maintained in an amount to complete the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two-year period, or other reasonable term.

G.    Public Record. Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the city that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished upon request of the district geologist of the State Division of Mines and Geology by the city. Proprietary information shall be made available to persons other than the mine owner in accordance with Section 2778, California Surface Mining and Reclamation Act of 1975.

H.    Amendments.

1.    Amendments to an approved reclamation plan may be submitted to the city at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the city.

2.    Amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan.

I.    Variance. Variances from an approved reclamation plan may be allowed upon request of the operator and applicant, if they are not one and the same, upon findings by the planning commission that each requested variance is necessary to achieve the prescribed or higher use of the reclaimed land and is consistent with the Marina local coastal program.

J.    Appeal. Any person aggrieved by an act or determination of the planning commission in exercise of the authority granted herein shall have the right to appeal to the city council. Any appeal must be filed, on forms provided, within ten working days after the rendition, in writing, of the decision.

K.    Enforcement. The provisions of this chapter shall be enforced by any authorized member of the planning department or such other persons as may be designated by the city council.

L.    Separability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.270 Appeals.

A.    Planning Commission Authority. The planning commission shall have the power to hear and decide appeals based on the enforcement of this title or the interpretation of the provisions thereof.

B.    Application. Application for appeal or interpretation shall be made in writing to the planning commission.

C.    Action by Planning Commission. The planning commission shall consider application and render its decision within sixty days after the receipt thereof.

D.    Appeal. In case the applicant is not satisfied with the decision of the planning commission, he may, within ten days, appeal in writing to the city council. A copy of such appeal shall be submitted by the applicant to the planning commission. The city council shall render its decision within sixty days after receipt by said council and the planning commission of such appeal. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.280 Amendments.

A.    Procedure Generally. This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this chapter.

B.    Initiation. An amendment may be initiated by:

1.    The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee to be established by resolution of the city council from time to time hereinafter enacted, no part of which shall be returnable to the petitioner; or by

2.    Resolution of intention by the city council;

3.    Resolution of intention by the planning commission.

C.    Public Hearings.

1.    The planning commission shall hold at least one public hearing on any proposed amendment. At least ten days prior to the first public hearing, said planning commission shall give notice thereof by at least one publication in a newspaper of general circulation within the city of such public hearing.

2.    In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify the property from any district to any other district, the planning commission shall give additional notice of the time and place of such hearing and on the purpose thereof by mailing a notice of the time and place of such hearing to all persons owning real property within three hundred feet of the property which is the subject of the proposed zoning change.

3.    Following the aforesaid hearing, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the city council an attested copy of such report.

4.    Upon receipt of such report from the planning commission, when the planning commission has recommended a proposed amendment, the city council shall set the matter for public hearing and shall give notice thereof by one publication in a newspaper of general circulation within the city at least ten days prior to such hearing. After conclusion of the hearing, the city council may adopt the proposed amendment or any part thereof in such form as said council may deem advisable.

5.    When the planning commission recommendation is to disapprove the proposed amendment, the matter shall not be set for public hearing and no further action shall be taken unless the amendment was initiated by the adoption of a resolution of intention by the city council, or unless or until the applicant requests such hearing. Such request shall be made by filing with the city clerk of the city council and with the planning commission, within ten days after written notice of the decision has been mailed, a written request for hearing before the city council. The planning commission shall thereupon forthwith transmit to the city council all of the papers constituting the record upon which the recommended action was taken. Upon receipt of such request, the city council shall set a date for public hearing thereon, giving notice thereof pursuant to this section. After the conclusion of the hearing, the city council may adopt the proposed amendment or any part hereof in such form as said council deems advisable.

6.    Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who sign such petition.

7.    The city council or the planning commission, as the case may be, may by resolution of intention abandon any proceedings for an amendment initiated by its own resolution of intention; provided, that such abandonment may be made only when such proceedings are before such body for consideration and provided that any hearing of which public notice has been given shall be held.

D.    Conditions. The city council may impose conditions to the zoning reclassification of property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city. Any amendment which changes the zoning within the Coastal Zone or changes in any manner the allowed uses or development regulations within the Coastal Zone shall not be effective until approved by the State Coastal Commission. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.290 Signs.

A.    Purpose and Intent.

1.    It is the purpose and intent of this chapter to provide the city with a viable and practical set of sign regulations that will promote the orderly growth of the community; facilitate the continual upgrading of the community; preserve the natural beauty of Marina while simultaneously protecting the rights of property and business owners to display signs and the right of individuals to live, work and visit a city that is free from the usual blight that would result from under or nonregulation of signs.

2.    These sign regulations, pursuant to the provisions of the Marina general plan, set forth the minimum acceptable standards necessary to protect and safeguard the life, peace, health, safety, property and general welfare of the public by regulating among other things the location, placement, size, number, area, type, illumination and maintenance of signs and sign structures.

3.    In addition to the standards specified above, it is set forth that a primary goal of these regulations shall be to insure that signs and sign structures are considered in light of the architectural and landscape design of the buildings and properties along with individual setting or location of the buildings and properties.

B.    Application. No sign shall be placed, displayed, painted, posted, printed, tacked, fastened, erected, relocated, constructed or otherwise except as provided in this chapter.

C.    Responsibility. It shall be the sole responsibility of the person making application to place, construct, erect, alter, relocate, tack, fasten, paint, post or display any sign in the city to obtain the necessary authorization from the owner or lessee of the property.

D.    Design Review Board Approval Required.

1.    Design review board (site and architectural design review board) approval shall be required of all signs unless otherwise specified in this chapter. A fee shall be collected by the planning department prior to consideration of any sign by the site and architectural design review board. The fee shall be established from time to time by resolution of the city council.

2.    In order to facilitate the site and architectural design review, board review and approval process, any person seeking to obtain site and architectural design review board approval shall submit accurate plans, drawings, color boards, examples of materials or any such other information specified by the director of planning showing the size, shape, location, color, materials and physical relationship to the site of the sign and sign structure. Any decision of the site and architectural design review board may be appealed, in writing, to the planning commission within ten days of the decision. Any decision of the planning commission may likewise be appealed to the city council. Written appeals shall be filed with the planning department no later than ten days after the decision of the site and architectural design review board or the planning commission.

3.    During the course of review and approval, the site and architectural design review board or the planning commission on appeal or the council on appeal may approve, disapprove, conditionally approve or modify the plans as submitted in order to insure compliance with the spirit and intent of this chapter.

E.    Sign Permit Required.

1.    In order to insure that the building department is provided with an opportunity to review the placement, construction, erection, relocation or alteration of any and all signs in the city, it is required, unless otherwise specified herein, that a sign permit shall be obtained from the building department prior to the placement, construction, erection, relocation, alteration or otherwise of the sign.

2.    Any person seeking to obtain a sign permit shall provide the building department with any and all necessary plans, drawings or other materials or information required by the building department along with written evidence that the site and architectural design review board approval has been obtained for the sign. Following a review of the materials submitted, the building department may issue the sign permit or as an alternative may require that a building permit be obtained pursuant to the provisions of the Uniform Building Code (UBC) in lieu of a sign permit. A fee shall be collected by the building department prior to the issuance of any sign or building permit. The fee for a sign permit shall be established from time to time by resolution of the city council. The fee for a building permit shall be as specified in the UBC.

F.    Enforcement. The regulations contained in this chapter shall be enforced as are other zoning, building and safety regulations as set forth in this code.

G.    Remedies. Notwithstanding the procedures for enforcement set forth in this code, the city is authorized to proceed in any other fashion, way or procedure permitted by law.

H.    Exemptions. The provisions and regulations of this chapter shall not apply to the following signs provided, however, that the following signs shall be subject to all safety provisions contained in this chapter:

1.    Traffic signs as may be approved or authorized by the city council;

2.    Professional nameplates not exceeding three square feet in area;

3.    Temporary signs of a directional nature approved by the director of planning;

4.    Legal notices, railroad crossing signs, public safety and service signs, danger or other such temporary, emergency, or other temporary nonadvertising signs as approved by the city council;

5.    Memorial signs on tablets, names and dates of buildings when cut into any masonry surface or when flush mounted and constructed of bronze or other noncombustible materials.

I.    Nonconforming Signs.

1.    Any permanent sign lawfully existing prior to the adoption of this chapter and not conforming to the provisions contained in this chapter is declared to be a lawfully nonconforming sign and may remain as such.

2.    No such nonconforming sign shall in any way be altered, relocated, replaced or reworded unless the sign can be made to conform to all provisions of this chapter. Nothing in this section shall be construed to prohibit the normal maintenance and repair of lawfully nonconforming signs.

J.    Maintenance and Construction Provisions. The appropriate sections of the Uniform Building Code, (UBC) the Uniform Electric Code (UEC) or any amendment thereto adopted by the city shall apply to the construction, placement or display of signs in the city. All signs having internal or built-in illumination shall be constructed wholly of noncombustible materials or other such fire resistive materials as approved by the building department. Guy wires or exposed strut like sign structures shall not be utilized. Signs and sign structures shall at all times be maintained in a state of good repair including all braces, bolts, structural parts, supporting frames and fastenings.

K.    Safety Provisions. In addition to all other maintenance and construction provisions contained in this chapter, all signs within the city shall comply with the following provisions:

1.    Obstructions to Doors, Windows or Fire Escapes. No sign shall be erected, relocated, altered, maintained or otherwise so as to prevent ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe, gutter, drain or fire escape, except signs referring specifically to the standpipe, gutter, drain or fire escape to which it is attached.

2.    Signs not to Obstruct Traffic Signals. No sign regulated by this chapter shall be erected at any location where, by reason of its position, it will obstruct or confuse the view of any authorized traffic sign, signal or device.

3.    Exterior of Signs. On all signs which are erected within five feet of a public street or sidewalk, no nails, tacks or wires shall be permitted to protrude therefrom. All structural trim maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure.

L.    Abandoned Signs and Abatement Thereof.

1.    No person shall maintain or permit to be maintained on any premises owned or controlled by said person any sign which has been abandoned. Any such sign shall be promptly abated. Any sign which is located on property which becomes vacant for a period of six months or more and any sign which was erected for an occupant or business unrelated to the present occupant or his business and any sign which pertains to a time, event or purpose which no longer obtains, shall be presumed to have been abandoned.

2.    Unless some other form of abatement is approved by the director of planning in writing, abatement of abandoned signs shall be accomplished in the following manner:

a.    Signs painted on buildings, walls, fences, structures shall be abated by removal of the paint constituting the sign or by painting over the sign in such a way that the sign shall not thereafter become visible.

b.    Other types of signs may be abated by removal of the sign including its dependent structures and supports, unless the sign conforms to the provisions contained in this chapter in which case all faces of the sign shall be screened from view in a manner satisfactory to the director of planning.

M.    Illumination of Signs. All illuminated signs in the city shall comply with the following standards:

1.    The use of high intensity, unshielded or undiffused lights shall not be permitted.

2.    Lights or illumination shall be shielded, oriented or diffused so as to eliminate undue glare onto adjacent properties.

3.    Lights shall be shielded or diffused in such a manner as to eliminate the possibility of conflict with safe traffic movement.

4.    The site and architectural design review board or planning commission and city council, on appeal, shall retain the right to require reduction in the intensity of illumination after the installation of any illuminated sign if said illumination creates any undue glare, annoyance or hazard.

N.    Abatement of Signs on Public Property and Signs Presenting Health or Safety Hazards.

1.    Signs on Private Property Presenting Health or Safety Hazards. No sign may be placed upon any privately owned property in a manner which creates a public health or safety hazard. Any sign placed on, above or adjacent to any street, sidewalk or right-of-way which creates a health or safety hazard through obstructing vision or use of such street, sidewalk or right-of-way may be summarily removed by the public safety, public works or planning directors or their respective delegates. Any sign so removed shall be returned to the owner upon payment of the costs of removal and storage. Any sign placed on or about private property which creates a health or safety hazard, including obstructing vision in the public right-of-way, may be removed by the public safety, public works or planning directors or their respective delegates to a position on the private property where it does not create a health or safety hazard.

2.    Signs on Public Property. Any sign, temporary or otherwise placed on public property in violation of any provision of this chapter which does not present a public health or safety hazard, shall be tagged by the planning or building directors or their respective delegates and the owner, if known, shall be notified of the violation by mail. If the sign is not removed, or the violation corrected within seventy-two hours of posting or mailing, whichever occurs last, or if the owner has not shown cause to the planning or building director within said period as to why the sign should not be removed, then the sign shall be removed by the planning or building director or their respective delegates. Any sign so removed may be redeemed by the owner upon payment of the cost of removal and storage. Both the tag and the written notice shall contain information in the preceding sentence and subsection (N)(3) below.

3.    Impounded Signs. Any sign impounded under the provisions of subsection (N)(1) or (N)(2) of this section shall be stored for a period of not less than thirty days at which time the signs may be salvaged, sold or destroyed in order to defray the costs of removal and storage.

O.    Definitions. As used in this chapter:

“Primary business frontage” means that frontage of a building containing the primary or most important entrance to the occupancy thereon. In such cases where there are multiple entrances, the director of planning shall determine which frontage is the primary frontage. In no case shall more than one primary business frontage be permitted.

“Secondary business frontage” means that frontage of a building containing any entrance other than a primary business frontage. In no case shall more than two secondary business frontages be permitted.

“Service station” means a business which is primarily in the business of providing service to vehicles such as gasoline, oil, tire, mechanical assistance, parts, etc., and not including convenience markets that sell gasoline, diesel fuel or oil.

“Shopping center” means commercial and retail buildings and associated facilities which have been designed and developed as an integrated unit containing more than five separately owned and operated businesses which function as an integral unit and which utilize common off-street parking.

“Sign” means any letters, figures, design, symbol, trademark or illuminating device intended to attract attention to any person, partnership, corporation or unincorporated association, or any place, subject, public performance, article, machine or merchandise, whatsoever, and painted, printed, constructed, erected or displayed in any manner whatsoever.

“Sign area” means that area enclosed by a square, rectangle, triangle or other shape which connects the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper. The area of a sign composed of characters, words or individual letters attached directly to a surface, shall be the smallest shape that encloses the whole group. Sign area shall include only one face of any double-faced sign and shall include all faces of any multi-faced sign containing more than two faces. For the purpose of this definition, the faces of a double-faced sign shall be parallel.

“Sign area allotment” means the maximum area of signs that may be displayed on any site, premises, business, building, parcel, lot or otherwise not including signs specifically exempted in this chapter.

“Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code” means those codes which are currently in full force and effect as adopted by the city council including any amendments or additions thereto adopted from time to time by the city council.

P.    Prohibited Signs. The following signs shall be prohibited in the city. Definitions and descriptions of these signs are included in this section. Additional definitions pertaining to this chapter are contained in subsections O and Q of this section.

1.    Portable Signs. Signs such as A-board or other such signs capable of standing without support or attachment to a structure or the ground.

2.    Animated Signs. Signs that involve animation, rotation, flashing, projections, scintillation, or any type of movement not including barber pole signs or time, date and temperature signs.

3.    Billboard Signs. Off-site advertising signs that are designed to direct attention to a business, commodity, service or entertainment, sold or offered elsewhere than on the premises or property on which the sign is located, not including temporary signs or banners that are approved by the city council and which are to be used for the purpose of advertising an event of general civic interest or that are to be used as temporary off-site directional signs as approved by the planning commission.

4.    Vehicle Signs. Signs that are attached to, painted on or placed on top of any vehicle, trailer or other means of conveyance, for the purpose of advertising a commercial enterprise not including signs attached to or painted on a vehicle for the primary purpose of identifying the ownership or use of the vehicle.

5.    Roof Signs. Signs that are attached to, supported by, mounted on or project above a roof or other architectural feature including, but not limited to mansards, parapets and the like.

6.    Projecting Signs. Signs that are suspended from or that are supported by a wall, building or structure and project more than three feet outward therefrom or signs that project into the public right-of-way. No provision contained herein shall be construed to prohibit the display or construction of freestanding signs.

7.    Characterization Signs. Signs characterizing a person, object, place, etc.

Q.    Permitted Signs. The following signs shall be permitted in the city subject to the provisions contained in this section and this chapter. Definitions of permitted signs are included in this section. Additional definitions pertaining to this chapter are contained in subsections O and P of this section.

1.    Accessory Signs. A sign of a secondary nature, e.g., savings stamp signs, credit card signs not exceeding one square foot. Such signs are not included in the maximum sign area allotment. Site and architectural design review board approval is not required. A sign permit is not required.

2.    Barber Pole Signs. A striped pole characteristic of barbershops. Such signs may rotate. One such sign may be permitted per business in addition to any other signs permitted by this chapter. Site and architectural design review board approval is required. A sign permit is required.

3.    Directional and Public Service Signs. Public service signs including time and temperature devices and signs indicating the location or direction of a place or area on the premises upon which the sign is located. Such signs are not included in the maximum sign area allotment if they are deemed necessary and appropriate by the director of planning. Site and architectural design review board approval is not required. A sign permit is not required.

4.    Freestanding Signs. Freestanding signs of a permanent nature not attached to any portion of a building and not projecting over or through a roof, eaves of a building or any public right-of-way. Such signs may be placed within required yard or setback areas. Site and architectural design review board approval is required. A sign permit is required.

5.    Awning Signs. A sign attached to the face of or supported by an awning. (Awning: a roof-like cover, usually of canvas extending over or before a place). Such signs must be parallel to the face to which attached and must not hang lower or project above the face to which attached. Site and architectural design review board approval is required. A sign permit is required.

6.    Marquee or Canopy Signs. A sign attached to or supported by a marquee or canopy. Such signs must be parallel to the face to which they are attached and may not be made of cloth, canvas or other material of a similar nature nor shall such signs hang lower or project above the face to which attached. Site and architectural design review board approval is required. A sign permit is required.

7.    Nameplates. Professional nameplates and occupation signs exceeding three square feet in area. Site and architectural design review board approval is required. A sign permit is required.

8.    Readerboard Signs. A sign with detachable or interchangeable letters. Site and architectural design review board approval is required. A sign permit is required.

9.    Under Canopy Signs. A sign attached to the underside of a canopy. The canopy must be of a permanent nature attached to and supported by a building. Such signs that do not exceed four square feet will not be included in the maximum sign area allotment. Any such sign exceeding four square feet shall be included in the maximum sign area allotment. Such signs shall have a minimum clearance of seven feet six inches above the sidewalk. Site and architectural design review board approval is required. A sign permit is required.

10.    Wall Signs. A sign of either solid face construction or individual letters placed against the exterior wall of any building or structure. Such signs shall not extend more than one foot beyond the wall. Site and architectural design review board approval is required. A sign permit is required.

11.    Window Signs—Temporary. Signs that are painted, placed, taped, displayed or otherwise suspended within three feet of any window that are visible from outside the place of business and that are designed to be displayed for a maximum of thirty days. Such signs are permitted to cover no more than fifty percent of the area of the window. Such signs may not be displayed more than thirty days. Such signs are not included in the maximum sign area allotment. Site and architectural design review board approval is not required. A sign permit is not required.

12.    Window Signs—Permanent. Signs that are painted, placed, taped, displayed or otherwise suspended within three feet of any window that are visible from outside the place of business and that are designed to be displayed for more than thirty days. Such signs are permitted to cover no more than ten percent of the area of the window. Such signs are not included in the maximum sign area allotment. Site and architectural design review board approval is not required. A sign permit is not required.

13.    Monument Sign. A low profile freestanding sign incorporating the design and building materials and accenting the architectural theme of buildings within the same development. Such signs shall be considered the same as a freestanding sign.

14.    Real Estate Signs. Real estate signs shall be permitted as specified in subsection V of this section.

15.    Signs in General. Any sign which is not listed under permitted or prohibited signs (subsection P and this section, respectively) shall be considered individually by the planning commission who shall determine whether the sign falls in the permitted or prohibited category. If the planning commission determines that such sign falls in the permitted category, permission to display such sign, signs or signing program shall be granted subject to any and all conditions the planning commission may find necessary to achieve the spirit, purpose and intent of this chapter. The conditions of approval may include but not be limited to requiring site and architectural design review board approval and a sign permit.

R.    Sign Regulations for PC Districts. Sign Area. One and one-half square feet are permitted for every foot of primary business frontage to a maximum of two hundred square feet per business. One-half square foot is permitted for every foot of secondary business frontage to a maximum of twenty-five square feet for each secondary business frontage.

1.    Number of Signs. No more than four signs may be permitted per business. Under canopy signs are not counted for the purposes of this section.

2.    Type of Sign. Any sign specified under subsection Q of this section, may be displayed in accordance with the provisions of this chapter.

3.    General Provisions. All signs and signing programs specified below shall be subject to review and approval by the site and architectural design review board and shall require a sign permit.

a.    Shopping centers may be permitted to erect a freestanding identification sign which may also indicate the principal tenant and other services available on the site. Said sign shall be located adjacent to the principal street frontage and shall not exceed one hundred square feet in area or twenty-five feet in height. If the shopping center has more than one principal street frontage, two such signs may be permitted. The sign area and sign height specified in this section are the maximum limits and the site and architectural design review board reserves the right to approve lesser sign area or height.

b.    Shopping centers containing more than twenty-five acres approved under a single development permit shall be permitted to erect two freestanding identification signs which may also indicate the principal tenants along with other pertinent information deemed appropriate by the site and architectural design review board. Such signs shall not exceed two hundred fifty square feet in area nor fifty feet in height. The sign area and height specified in this section are the maximum limits and the site and architectural design review board reserves the right to approve lesser sign area or height.

c.    Industrial parks containing more than four buildings designed to be architecturally compatible, whether or not on the same parcel of land, shall be permitted to place monument signs along, at, or adjacent to principal entrances to the park. Such signs shall not exceed two hundred square feet or ten feet in height. The actual size, height and number of signs shall be specified by the site and architectural design review board.

d.    Real estate signs shall be permitted subject to the provisions of subsection V of this section.

5.    Master Signing Program Approval Required.

a.    Any and all commercial, office or industrial developments designed to contain more than four occupancies, businesses or buildings are required to obtain approval of a master signing program from the site and architectural design review board. Said master signing program plans must be prepared, reviewed and approved by the site and architectural design review board prior to the issuance of any occupancy permit in the development. Plans for the master signing program shall include specifications, descriptions and locations of all signs to be displayed on the site including but not limited to advertising, identification, directional and public service signs. The site and architectural design review board may approve, conditionally approve or modify said plans in order to insure that the master signing program is in accordance with the purpose, spirit and intent of this chapter. Any decision of the site and architectural design review board on a master signing program may be appealed to the planning commission. Appeals shall be in writing and shall be filed with the planning department within ten days of the decision. Any decision of the planning commission may be appealed to the city council in the same manner as decisions of the site and architectural design review board are appealed.

b.    Approved master signing programs may be modified from time to time by the site and architectural design review board or by the planning commission or city council through the appeal process.

S.    Sign Regulations for R-1 Districts.

1.    Single-Family Dwellings. One nameplate not exceeding three square feet per dwelling. Site and architectural design review board approval is not required. A sign permit is not required.

2.    Church Signs. A maximum of two signs, each containing a maximum of thirty square feet. Site and architectural design review board approval is required. A sign permit is required.

3.    Public, Quasi-Public, Halls, Organizations, Clubs, Lodges and All Similar Uses. Same as subsection (S)(2) of this section.

4.    Nonresidential uses not otherwise specified herein including but not limited to hotels, motels, professional offices and other nonresidential uses that may be permitted in residential zoning districts. Signs for such uses shall be regulated by subsection R of this section.

5.    Real Estate Signs. Real estate signs shall be permitted subject to the provisions of subsection W of this section.

6.    All signs not permitted by subsections (S)(1) through (S)(6) of this section are prohibited.

T.    Sign Regulations for K Districts. All signs, other than real estate signs which are regulated in subsection V of this section, shall require approval by the site and architectural design review board or the planning commission or city council through the appeal process. Appeals may be made of any decision of the site and architectural design review board or planning commission as specified in subsection D of this section. No sign shall be approved unless and until a finding is made that the proposed sign is consistent with the purpose, spirit and intent of this chapter.

U.    Additional Sign Regulations.

1.    Sign regulations for coastal conservation and development (CD), CD/secondary combining district (CD/SU), and planned commercial (PC).

a.    The maximum total composite sign area per site for all signs shall be limited to one hundred thirty-five square feet. The maximum size per freestanding sign shall be sixty-five square feet. Only those properties that are contiguous to the Highway 1 right-of-way may develop signs sited and oriented to attract Highway 1 motorists and only one freestanding (monument) sign may be so oriented. The maximum height of freestanding signs shall be fifteen feet without exception. For purposes of the Coastal Zone Highway 1 viewshed, flags and banners shall be considered signs.

The use of the term “site” in this section shall apply to each separate ownership as defined in Zoning Code Section 17.04.510 which was under a single or unified control as it existed at the time of approval of this section by the California Coastal Commission and was graphically shown on the zoning map certified by the Commission in December 1983.

b.    Signing must be consistent with and subordinate to the scenic qualities of the area and a lesser sign area may be required by design review board, planning commission, or city council on appeal.

c.    No private or advertising signs shall be visible from the beach. Pedestrian-scale public safety, natural resource interpretive signing, public access and directional signing are allowed. Such signing will not be calculated into allowable sign area footage.

2.    Sign Regulations for the Brown Bulb Ranch.

a.    Sign Area. One and one-half square feet are permitted for every foot of primary business frontage to a maximum of two hundred square feet per business. One-half square foot is permitted for every foot of secondary business frontage to a maximum of twenty-five square feet for each secondary business frontage.

b.    Number of Signs. No more than four signs may be permitted per business. Under canopy signs are not counted for the purposes of this section.

c.    Type of Sign. Any sign specified under subsection Q of this section, may be displayed in accordance with the provisions of this chapter.

d.    General Provisions. All signs and signing programs specified below shall be subject to review and approval by the site and architectural design review board and shall require a sign permit.

i.    Shopping centers may be permitted to erect a freestanding identification sign which may also indicate the principal tenant and other services available on the site. Said sign shall be located adjacent to the principal street frontage and shall not exceed one hundred square feet in area or twenty-five feet in height. If the shopping center has more than one principal street frontage, two such signs may be permitted. The sign area and sign height specified in this section are the maximum limits and the site and architectural design review board reserves the right to approve lesser sign area or height.

3.    Sign Regulations for Coastal Zone Public Facilities District.

a.    In public facilities district, no private or advertising signs shall be erected. Department of Transportation signing shall be sized at the minimum required to provide effective directional and advisory information and to be consistent with sound safety practices.

4.    Sign Regulations for Coastal Zone Open Space District.

a.    In the open space district, no private or advertising signs shall be erected. One identification sign not larger than twelve square feet in area located on the site of the use shall be permitted. Pedestrian-scale public safety, natural resource interpretive signing, public access and directional signing are allowed. Such signing will not be calculated into allowable footage.

V.    Real Estate Signs. The following regulations shall apply to real estate signs in the city:

1.    Sale, Rental or Lease Signs. Except as provided in subsection (V)(4) of this section any property being advertised for sale, rent or lease may have one such sign on the property. Such sign shall not exceed twelve square feet in area. Site and architectural design review board approval is not required. A sign permit is not required.

2.    Subdivision Signs. In the subdivision of land, the land being subdivided may have no more than two signs posted upon it advertising the subdivision. Each sign shall not exceed thirty-two square feet in area. Site and architectural design review board approval is not required. A sign permit is required.

3.    Under Construction Signs. Under construction signs shall not exceed twenty square feet in area. No more than one such sign shall be permitted. Site and architectural design review board approval is not required. A sign permit is required. Such signs shall be removed prior to the issuance of the final occupancy permit.

4.    Portable, Temporary Signs Displayed on Private Property. In advertising a property for sale, rental or lease, a portable sign, not exceeding six square feet in area may be placed off the site on private property for the purpose of advertising that the subject property is open for inspection. One additional such sign may be displayed on the premises that is open for inspection. Such signs shall only be displayed when the premises are open for inspection. Site and architectural design review board approval is not required. A sign permit is not required.

5.    Model Home Signs. Signs identifying model homes may be displayed on the property upon which the model homes are located. Such signs shall be located adjacent to the entrance of the model home. Such signs shall not exceed eight square feet in area nor three feet in height. Site and architectural design review board approval is not required. A sign permit is not required.

6.    General Provision. Any signs not specifically permitted under the provisions of this section are prohibited unless and until a use permit is secured from the planning commission.

W.    Signs Expressing a Political, Sociological or Religious Viewpoint.

1.    General Provisions. The following provisions apply to all signs expressing a political, religious or sociological viewpoint, including elections signs:

a.    No such sign shall be located upon any public street, alley, sidewalk, right-of-way, easement, or other governmental property.

b.    All such signs shall be erected, altered and maintained in accordance with the Uniform Building Code and the safety provisions set forth in subsection K of this section.

c.    All such signs must be stationary and unlighted.

d.    Such signs may be either attached to the outside of a window or wall of a building or may be freestanding. Any freestanding sign shall be located at least five feet from any property line.

e.    The posting of any sign regulated by this section shall not in any way affect a property owner’s right to erect signs permitted by other provisions of this chapter.

f.    Site and Architectural Design Review Board Approval is Not Required. A sign permit is not required.

2.    Election Signs.

a.    Defined. Election signs are those pertaining to a general or special election.

b.    Zoning. Notwithstanding any other section of this code, election signs may be erected pursuant to the provisions of this section.

c.    Area of Signs. No election sign may be posted without the consent of the owner or lawful occupant of the premises on which the sign is posted.

i.    The total area of all such signs on any one property shall not exceed thirty square feet of sign area.

d.    Time Limitations. Election signs may be posted not more than sixty days prior to the election to which they pertain. All election signs must be removed within five days after the election to which they pertain.

e.    Responsibility for Removal. It shall be the property owner’s responsibility to remove all election signs within the time limitations specified above, whether or not he has consented to the posting or construction of such signs.

3.    Other signs expressing a political, sociological or religious viewpoint.

a.    Zoning. Notwithstanding any other section of this chapter, other signs expressing a political, sociological or religious viewpoint may be erected pursuant to the provisions of this subsection.

b.    In all zoning districts such signs are permitted on the premises of any residence or business; however, no sign may be posted without consent of the owner or legal occupant of the premises. The total area of all such signs on any one property shall not exceed twelve square feet.

4.    Greater Sign Area Allowable Pursuant to Sign Permit and Design Review Board Approval.

a.    Upon application to the planning commission for a use permit, a sign area greater than otherwise allowed by this section may be allowed so long as the planning commission finds, after receiving a recommendation from the site and architectural design review board, that:

i.    The sign will not materially conflict with the character of the neighborhood in which it will be displayed; and

ii.    The value of property in the zone will not be significantly decreased by the erection or maintenance of the sign.

b.    Use permits for such signs shall be granted for a period of not more than one year.

X.    Neighborhood Signs. Signs identifying a neighborhood or development not exceeding fifty square feet in area, may be permitted. Site and architectural design review board approval is required. A sign permit is required.

Y.    Service Stations. In addition to the signing permitted under subsection R, service stations may be permitted to display two additional signs each of which shall not exceed sixteen square feet. Such signs shall be permanently affixed to the ground or a structure. Site and architectural design review board approval is required. A sign permit is required.

Z.    Highway Signs. Commercially zoned properties having frontage on Highway 1 are declared to be sites of special significance and any and all signs and signing programs shall be approved by the planning commission or the city council on appeal. The site and architectural design review board shall act in an advisory capacity to the planning commission. The site and architectural design review board shall review, consider and make a recommendation to the planning commission concerning all such signs and signing programs. In considering a sign or signing program for a site of special significance, the following items shall be considered: the signing needs of the proposed use; and the location of the site in relation to the freeway access; the responsibility of the city to protect and preserve the natural beauty of Highway 1 while balancing the city’s need for a healthy highway-oriented visitor-serving industry. Any decision of the planning commission concerning a site of special significance may be appealed, in writing, within ten days of the decision of the planning commission.

AA.    Signs for Advertising Purposes. Unless otherwise provided in this chapter, no permanent sign shall be erected, constructed, placed, tacked, fastened, displayed, painted, posted, printed or otherwise where more than twenty-five percent of the area of such sign is used for advertising purposes. Seventy-five percent of the area of such signs shall be used solely for naming, designating or identifying the enterprise or calling.

BB.    Billboard Signs. (Reserved).

CC.    Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion is a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof.

DD.    Repeal Provision. Any and all other sign regulations contained in this title, of the Marina Municipal Code are repealed. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.300 Enforcement, legal procedures, penalties.

A.    Conformance Required. All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title, and shall issue no such permits or licenses for uses, building or purposes where the same would be in conflict with the provisions of this title, and any such permits or licenses, if issued in conflict with the provisions of this title, shall be null and void.

B.    Enforcement. It shall be the duty of the planning commission to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. It shall be the duty of the police department of the city and all officers of said city herein and/or otherwise charged by law with the enforcement of this title, to enforce this title, and all the provisions of the same.

C.    Violation Deemed Misdemeanor—Penalty. Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this title, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the city jail. Such persons, firms or corporations shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm, or corporation, and shall be punishable as herein provided.

D.    Unlawful Structures—Abatement. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, contrary to the provisions of this title, and/or any use of any land, building or premises, established, conducted, operated or maintained contrary to the provisions of this title, is unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction, to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation, from setting up, erecting, building, maintaining or using any such building or structure or using any property contrary to the provisions of this title.

E.    Remedies to be Cumulative. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.310 Repealing.

All ordinances and part of ordinances of said city in conflict with this chapter, to the extent of such conflict and not further, are repealed. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.320 Validity.

If any section, subsection, sentence, clause or phrase of this chapter, is for any reason held by a court or competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion of this chapter. The city council declares that it would have passed this chapter and such section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.330 Reference.

This title shall be known and cited as “The Zoning Ordinance of the City of Marina.” (Ord. 2007-11 § 3 (Exh. A (part)), 2007)

17.41.340 Enactment.

This title shall be and is declared to be in full force and effect from and after thirty days of its passage. (Ord. 2007-11 § 3 (Exh. A (part)), 2007)