Encinitas City Zoning Code
CHAPTER 30
82 LOCAL COASTAL PROGRAM AMENDMENT
§ 30.82.010 Purpose.
As part of the implementation of the City of Encinitas Local Coastal Program (LCP), the procedures contained in this chapter provide for the processing of LCP amendments in a manner consistent with provisions of the California Coastal Act.
Amendments to any portion of the Municipal Code previously certified by the Coastal Commission as implementing regulations of the City's Local Coastal Program, including Chapter 23.08 ("Design Review"), Chapter 23.24 ("Grading, Erosion, and Sediment Control"), Title 24 ("Subdivisions"), and Title 30 ("Zoning"), are subject to the provisions of this chapter. Amendments to those portions of the General Plan of the City of Encinitas designated and certified as the Land Use Plan (LUP) of the Local Coastal Program are also subject to the provisions of this chapter. Amendments to the LUP or any of its implementing ordinances and regulations shall not become effective until certified by the Coastal Commission, pursuant to requirements of the California Public Resources Code and state administrative regulations pursuant thereto.
(Ord. 94-06)
§ 30.82.020 Preparation of Amendment to the Local Coastal Program.
In addition to any other requirements of law, a proposed amendment to the City of Encinitas LCP shall be prepared, reviewed, noticed, and considered pursuant to the requirements of Articles 1 and 2 of Chapter 6 of the California Public Resources Code, and Article 15, Division 5.5, Title 14 of the California Code of Regulations.
§ 30.82.030 Submittal of Application for Amendment to the Local Coastal Program.
A.
Pre-Application Conference. Prior to submitting an application for an amendment to the Local Coastal Program, a prospective applicant shall consult with the Planning and Building Department to obtain information and to inform the Department of the applicant's intentions.
B.
Submittal of an amendment to the City of Encinitas certified LCP shall be made by resolution of the City Council, adopted by the city and submitted to the Coastal Commission in accordance with the provisions of Section 13551 of the California Code of Regulations. The proposed amendment may be submitted either: (1) as an amendment that will take effect automatically upon approval of the Coastal Commission; or (2) as an amendment that will require formal adoption by the City Council after Coastal Commission approval.
C.
The content of a proposed LCP amendment application shall conform to the requirements of the California Coastal Commission Administrative Regulations Section 13552.
(Ord. 94-06; Ord. 2015-01)
§ 30.82.040 Effective Date.
No amendment of the City of Encinitas LCP shall become effective until adopted by the California Coastal Commission, pursuant to the provisions of the California Public Resources Code and California Coastal Commission Administrative Regulations.
(Ord. 94-06)