Chapter 18.37
CZ-O COASTAL ZONE OVERLAY ZONE

Sections:

18.37.010    Purpose.

18.37.020    Application.

18.37.030    Uses permitted.

18.37.040    Precise plan procedure.

18.37.050    Prohibited uses.

18.37.010 Purpose.

The CZ-O coastal zone overlay zone and its application is for the purpose of protecting the public health, safety and general welfare by:

A. Protecting the coastal bluffs as a natural resource;

B. Assuring that the bluff can support proposed development (as defined in PVEMC 19.01.070);

C. Protecting parklands within the coastal zone for park purposes. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 534 § 4, 1991)

18.37.020 Application.

The coastal zone overlay zone (“CZ-O”) shall be superimposed over the zoning designation of lands within the coastal zone as defined in PVEMC 19.01.060. The official zoning map shall be amended to apply the coastal zone overlay to all areas of the city which are included in such overlay and shall indicate the designation “CZ-O” after the zoning designation of the district over which it is superimposed, and the regulations of the CZ-O zone shall apply in addition to the regulations of the underlying zoning of the district. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 534 § 4, 1991)

18.37.030 Uses permitted.

A. Except as prohibited by this section, real property in the CZ-O zone may be used for any use permitted in the zone over which the CZ-O zone designation is superimposed.

B. City parklands in the CZ-O zone may be used only for public park purposes.

C. No structure, addition to a structure, grading, stairway, pool, tennis court, spa or solid fence shall be constructed on or down the face of any bluff on private land or within fifty feet of such bluff’s edge (as the terms “bluff” and “bluff edge” are defined in PVEMC 19.01.030 and 19.01.040, respectively) without meeting the requirements of PVEMC 19.02.020(D), precise plan approval. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 534 § 4, 1991)

18.37.040 Precise plan procedure.

A. Applicant. The applicant for precise plan approval shall be those persons designated in PVEMC 19.02.030.

B. Application. The application for precise plan approval shall include the information and documents required by PVEMC 19.02.030.

C. Application Fee. The application shall be accompanied by the payment of a filing fee, as established by resolution of the city council.

D. Findings for Precise Plan Approval. No precise plan shall be recommended for approval or approved except upon the affirmative findings that:

1. The precise plan complies with the requirements of this chapter;

2. The proposed use is consistent with the general plan, the LCP, PVEMC Title 19, all zoning regulations for the underlying zone, and any applicable specific plan.

E. Conditions of Precise Plan Approval. Precise approval may be recommended and granted upon conditions that are necessary and reasonable to ensure that the proposed use will be designed, located, developed and maintained in accordance with the findings required by this chapter, PVEMC Title 19, the LCP and any applicable specific plan.

F. Procedures for notice and hearing of precise plan approval by the city shall be those procedures set forth in PVEMC 19.02.070. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 534 § 4, 1991)

18.37.050 Prohibited uses.

The following uses are prohibited in the CZ-O zone:

A. Cannabis delivery, including the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed by the state under the Medical Marijuana Regulation and Safety Act, which enables persons, qualified patients, and/or primary caregivers to arrange for or facilitate the commercial transfer of medical marijuana or medical marijuana products, defined in Cal. Health & Saf. Code Chapter 3.5, as may be amended.

B. Commercial cannabis activities, including cultivation, possession, manufacture, possessing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical marijuana or medical marijuana products, except as set forth in Cal. Bus. & Prof. Code § 19319, related to qualified patients and/or primary caregivers.

C. Cultivation of cannabis or medical marijuana, including the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, defined in Cal. Health & Saf. Code Chapter 3.5, as may be amended.

D. All other similar uses deemed detrimental to the public health and safety of residents and quality of life. The decision of the approving authority as to whether a particular use is detrimental shall be made during the site plan review process. (Ord. 716 § 6, 2016)