Whenever twenty percent or more of the total number of mobile home sites or mobile homes at a mobile home park are vacant or otherwise uninhabited and such situation was not caused by physical disaster, including but not limited to fire, flood, storm, earthquake, landslide, or by another natural condition beyond the control of the owner or operator of the mobile home park, the owner or operator of the park shall file with the community development director a written notice informing the city of the current vacancy rate at the park. For purposes of this chapter, a mobile home site is "uninhabited" or "vacant" when it is either: (1) unoccupied by a mobile home, or (2) occupied by a mobile home in which no persons reside. A mobile home shall not be considered vacant for purposes of this chapter if rent is being paid pursuant to a bona fide rental or lease agreement and the mobile home is merely unoccupied.

The written notice to the community development director from the owner or operator of the mobile home park shall clearly state any known reasons for the vacancy rate to be in excess of twenty percent, and whether or not the property owner intends in the immediate future to convert the mobile home park to another use.

If it is determined that the owner of the mobile home park intends to apply for a conversion of the mobile home park to another use, the community development director shall immediately inform the property owner of the requirements of this chapter.

A detailed narrative description of the proposed use to which the mobile home park is to be converted.

The proposed timetable for implementation of the conversion and development of the site.

Evidence that any tenant's rent had not been increased within the two months prior to the filing of an application for conversion of a mobile home park, and a statement from the applicant that the rent at the mobile home park shall not be increased for two years from the date of filing of the conversion application or until the date of the commencement of relocation activities.

A report on the impact of the conversion of the mobile home park on its residents and a disposition/relocation plan addressing the availability of replacement housing for existing tenants of the mobile home park consistent with Section 65863.7 of the California Government Code.

Upon filing an application for a use permit for conversion, the community development director shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobile home park residents concerning the proposed conversion. The community development director shall specify in writing to the applicant the information that must be submitted in order to adequately notify all existing tenants as required by the California Government Code, the California Civil Code, and this chapter.

No use permit application for the conversion of a mobile home park to another use shall be deemed complete and processing for consideration will not commence until the conversion impact report and relocation plan as required by this chapter have been reviewed by the community development director for substantial conformance with the requirements of this chapter.

A detailed description of the mobile home spaces within the mobile home park, including but not limited to:

A list of all comparable mobile home parks within the city and county. This list shall include the age of the mobile home park and the mobile homes therein, a schedule of rents for each park listed and the criteria of the management of each park for acceptance of new tenants and used mobile homes. Information pertaining to the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included.

A detailed analysis of the economic impact of the relocation on the tenants including comparisons of current rents paid and rents to be paid at comparable mobile home parks within the city, or the county, the estimated costs of moving a mobile home and personal property, and any direct or indirect costs associated with a relocation to another mobile home park.

A list of the names, addresses and telephone numbers of one or more housing specialists, with an explanation of the services these specialists will perform at the applicant's expense for the residents to be displaced. These services shall include but not be limited to assistance in locating a suitable replacement mobile home park, coordination of moving the mobile home and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobile home park.

The names, addresses, telephone numbers, and fee schedules of persons in the area who are qualified MAI appraisers of mobile homes.

The names, addresses, telephone numbers, and fee schedules of persons in the area qualified as mobile home movers.

The relocation plan shall provide specifically for relocation assistance to full time, very low, low and moderate income residents and senior citizens over the age of sixty-two residing in the park for a minimum period of twelve months following closure of the mobile home park.

The relocation plan shall specifically provide guarantees that all tenants sixty-two years of age or older and all tenants who are medically proven to be permanently disabled shall not have to pay an increase in rent over the amount currently paid for a period of two years following relocation.

The relocation plan shall provide for the applicant to pay all reasonable moving expenses to a comparable mobile home park within the city or the county to any tenant who relocates from the park after city approval of the use permit authorizing conversion of the park. The reasonable cost of relocation and moving expenses shall include the cost of relocating a displaced homeowner's mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories, at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve months of the relocated tenancy. When any tenant has given notice of his intent to move prior to city approval of the use permit, eligibility to receive moving expenses shall be forfeited.

If the city council determines that a particular mobile home cannot be relocated to a comparable mobile home park within the city or the county, and the mobile home owner has elected to sell his or her mobile home, the relocation plan shall identify those mobile homes, the reasons why the mobile homes cannot be relocated as provided in subsection E of Section 18.30.035, then the city council may, as a part of the reasonable cost of relocation as provided in Government Code Section 65863.7(e) require the applicant to provide for purchasing the mobile home of a displaced home owner at its in-place market value. Such value shall be determined after consideration of relevant factors, including the value of the mobile home in its current location including the blocks and any skirting, siding, porches, decks, storage sheds, cabanas, and awnings, and assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition, and not considering the effect of the change of use on the value of the mobile home. If a dispute arises as to the in-place value of a mobile home, the applicant and the home owner shall have appraisals prepared by separate qualified MAI appraisers with experience in establishing the value of mobile homes. The city council shall determine the in-place value based upon the average of the appraisals submitted by the applicant and mobile home owner.

That the proposed use of the property is consistent with the local coastal program land use plan, the general plan and any and all of its elements, any applicable planned unit development plan, and this chapter.

That the residents of the mobile home park have been adequately notified of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversion.

That there exists land zoned for new or replacement comparable mobile home parks or adequate space is available in other comparable mobile home parks within the city or the county for the residents who will be displaced.

That the conversion will not result in the displacement of very low, low, or moderate income mobile home residents or senior citizens over the age of sixty-two who cannot afford rents charged in other mobile home parks within the city or the county, unless otherwise approved by the city council.

That the age, type, size, and style of mobile homes to be displaced as a result of the conversion will be able to be relocated into other comparable mobile home parks within the city or the county, or that the applicant has agreed to purchase any mobile home that cannot be relocated at its in-place value as provided in this chapter.

That any mobile home residents displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation.

That the relocation plan mitigates the impacts of the displacement of individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.

By the year 2000, divert fifty percent of all solid waste through source reduction, recycling and composting activities in an effort to decrease the impact of citizen's consumption of renewable and nonrenewable materials to the environment;

Increase the recycling of reusable materials at residential and nonresidential sites and reduce litter within the city;

Encourage citizens of the residential, commercial, industrial and public sectors to dispose of solid waste and recyclable materials responsibly;

Require property owners to provide adequate, convenient space for the collection, storage, and loading of recycled material, and to provide trash and recycling enclosures;

Regulate the location, height, size, design features, screening, accessibility and durability of recycling and trash enclosures;

Encourage the reuse of recyclable material in order to reduce our reliance on and use of virgin materials.

New Development. Developers of each new project shall plan adequate provision for source separation, collection, handling, storage and transportation of the principal recyclable materials.

Existing Development. Property owners of existing development falling into the above categories will be properly notified of the new regulations and must comply within two years after the adoption of these regulations.

New and existing commercial, office and industrial development projects shall include adequate, accessible, convenient areas for the collecting and loading recyclable materials in bins and containers, in accordance with the regulations specified by this chapter. Food and drinking establishments are encouraged to use reusable soda canisters whenever possible instead of using individually packaged glass bottles and cans.

The following regulations apply to new and existing residential developments:

On all development sites, recycling bins and containers may remain in public view on collection days for purposes of collection, but shall otherwise be stored in a location screened from public view from the front of the property.

Residential developers and property owners are encouraged to include recycling space or systems within each dwelling unit, such as roll-out drawers below the sink for recycling containers; fire-proof, cleanable secure chutes from the living space to the garage containers, etc. Each dwelling unit should include an area with a minimum of five cubic feet designed for the internal storage of trash and recyclable material.

Trash and recycling enclosures in conformance with the requirements contained in this chapter shall be required for the following types of projects where solid waste is collected and loaded:

The following regulations shall apply to all existing commercial, office, industrial development, and multifamily residential structures with five or more housing units, for which improvements, additions or remodels are proposed:

Requirement for Trash and Recycling Enclosures. The community development director may grant exceptions to the requirements for trash and/or recycling enclosure(s) in the following instances:

Recycling Requirements. In cases of hardship, the planning and building department shall work with each applicant and the city's recycling collection company to formulate an acceptable plan that allows for flexibility in the number of recycling containers/Toter bins and their location(s). The city's primary goal is to institute an accessible recycling collection program at each development complex while minimizing undue hardships for property owner(s). The community development director or his designee shall approve trash/recycling enclosures if they are satisfied that the plan conforms to the requirements and intent of this chapter and may impose any additional conditions, or make exceptions to parking, landscape, or setback requirements where there are no other feasible placement alternatives, if deemed necessary to meet the intent of this chapter.

Dimensions of the enclosure shall accommodate trash bins and recycling containers sufficient to meet the trash and recycling needs of the development.

For large projects that will utilize more than one mobile trash bin at any one location, the size of the trash enclosure must be increased to accommodate the trash bins and recycling bins. In the case of enlargement of the enclosure, the city engineer may require additional structural reinforcement when deemed necessary to ensure the safety and durability of the structure.

Each recycling and trash enclosure shall be designed to allow convenient access by tenants without having to open the main enclosure gates.

The trash and recycling enclosures shall be adequate in capacity, number, and distribution to serve the development's trash and recycling needs.

Recycling and trash enclosures shall be constructed to be as inconspicuous as possible, and the contents of the enclosure shall be screened from public view. The enclosure should be compatible with the main structure, while maintaining its primary function as a trash enclosure. In residential zones, wood or masonry materials that are compatible with the main structure(s) shall be used. In commercial and industrial zones, masonry with exterior material that matches the main structure shall be used.

Trash/recycling enclosures shall be equipped with self-closing gates and whenever possible, the gate of the enclosure shall not open toward the street.

Galvanized chain link gates equipped with redwood pickets are permitted in the industrial zone, and steel gates are permitted in the commercial zones. However, a solid material, such as wood, matching the main structure may be used.

Enclosures designed for storage of cans and small recycling containers shall be constructed of a sturdy, nonflammable material (i.e.: concrete block, poured concrete, slump stone, split-faced block, etc.).

The exterior of the enclosure shall be the same color as the main structure except that any architectural accents or trim colors found on the main structure shall be deleted.

Provisions shall be made to protect recyclable materials from the rain by covering the storage area, or by the use of covered receptacles.

Maintenance of each recycling and trash enclosure and bins and containers shall be the responsibility of the property owner.

Location.

Screening.

Accessibility.

The applicant shall be notified in writing of the action taken by the planning department. For new development, an approved plan shall be fully implemented within six months of the issuance of certificates of occupancy. For remodels, an approved plan shall be fully implemented within six months after the approval date. Applicants shall resubmit revised plans within one month should a plan be denied.

Any determination of the planning department may be appealed to the planning commission in accordance with the requirements of Chapter 1.25.

Any violation or failure to comply with any of the requirements of this chapter shall be deemed a nuisance and shall be punishable as set forth in the municipal code.

The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

The remedies and penalties provided in this section are cumulative and not exclusive.

Rooftops. Satellite antennas on rooftops shall be and are specifically prohibited;

Visual Screening. All satellite antennas shall be screened from public view and surrounding property by either:

Height. A satellite antenna shall not exceed six feet in height from finished grade;

Size. Satellite antennas shall not exceed ten feet in diameter;

Location. Satellite antennas shall be located only in the rear yards of a property and within the required setback standards for buildings and structures. Actual placement shall be in the location which best serves the purposes of this chapter;

Safety. Satellite antennas shall be constructed and installed in a secure and safe manner to promote the health and safety of the public and property;

Color. Antennas shall only be earthen tone in color.

An exception may be granted by the planning commission or community development director to the standards of this chapter where they would produce an undue hardship on a property owner so as to interfere unreasonably with the use and enjoyment of his property, or where the standards would prevent reception by the satellite antenna of television signals from satellite(s) in earth orbit. Hardship requires there be no feasible alternative on site.

An exception to allow rooftop placement may be granted for a multifamily dwelling or nonresidential building, where there is no feasible alternative placement.

An additional fee may be required for the processing of the exception application, including cost of site inspection to verify maximum signal reception.

Increase the supply of smaller units and rental housing units by allowing accessory dwelling units and junior accessory dwelling units to locate on lots that contain existing or proposed single-family dwellings and existing two-family and multifamily dwellings;

Establish standards for accessory dwelling units and junior accessory dwelling units to ensure that they are compatible with existing neighborhoods; and

Comply with state law regarding accessory dwelling units and junior accessory dwelling units (California Government Code Sections 65852.2 and 65852.22) and the California Coastal Act (California Public Resources Code Sections 30000 through 30900).

Accessory Dwelling Unit Applications. Accessory dwelling unit applications, including applications for junior accessory dwelling units, shall be submitted to and processed by the community development director as follows:

Noncompliant Proposals. If the requirements in this chapter are not met, the proposed accessory dwelling unit or junior accessory dwelling unit cannot be approved under this chapter. Notwithstanding the foregoing, applicants may seek approval of the unit, addition, or renovation under the city's generally applicable standards and procedures, including a variance pursuant to Chapter 18.23.

Conversion of Existing Residence. An existing residence, in conformance with the above regulations, may be converted to an accessory dwelling unit in conjunction with development of a new primary dwelling unit.

Existing Accessory Dwelling Unit. An existing accessory dwelling unit or junior accessory dwelling unit may be enlarged or modified only in accordance with the requirements of this chapter.

Density. To the extent required by California Government Code Section 65852.2, an accessory dwelling unit or junior accessory dwelling unit built in conformance with this chapter does not count toward the allowed density for the lot upon which the unit is located.

General Plan and Zoning Designations. Accessory dwelling units and junior accessory dwelling units approved in compliance with this chapter are a residential use that is consistent with the city's general plan, local coastal land use plan, and zoning ordinance.

Within Existing Space (Single-Family)--ADUs and JADUs.

Detached, New Construction (Single-Family)--ADUs.

Wholly Within Existing Space (Two-Family or Multifamily)--ADUs.

Detached, New Construction (Two-Family or Multifamily)--ADUs.

The accessory dwelling unit is located in: an R-1, R-2, R-3, C-D, C-R, C-VS, or C-G zoning district; a PUD zoning district where accessory dwelling units are permitted pursuant to a PUD plan or specific plan; or a substantially undeveloped PUD zoning district.

The lot on which the accessory dwelling unit is located contains an existing or proposed dwelling unit. In the substantially undeveloped PUD zoning districts, the lot must be already developed with an existing dwelling.

The lot on which the accessory dwelling unit is located does not contain another accessory dwelling unit, junior accessory dwelling unit, or guest house.

The accessory dwelling unit meets all nondiscretionary requirements for any single-family dwelling located on the same lot in the same zoning district. These requirements include, but are not limited to, building height, setback, site coverage, floor area ratio, building envelope, payment of any applicable fee, and building code requirements. The following exceptions to these requirements apply:

The gross floor area of the accessory dwelling unit shall not exceed eight hundred fifty square feet (for studios or one-bedroom accessory dwelling units) or one thousand square feet (for accessory dwelling units that provide more than one bedroom).

Development standards, including limits on lot coverage, floor area ratio, open space, and lot size, shall not be used to reduce the gross floor area of the accessory dwelling unit below eight hundred square feet or the height of the accessory dwelling unit below sixteen feet.

The minimum gross floor area of the accessory dwelling unit shall be no less than one hundred fifty square feet or the minimum required for an efficiency dwelling unit as defined in Health and Safety Code Section 17958.1, as may be amended from time to time.

The accessory dwelling unit or junior accessory dwelling unit complies with applicable building codes and health and safety regulations; however, the accessory dwelling unit or junior accessory dwelling unit is not required to provide fire sprinklers unless fire sprinklers are required for the primary dwelling.

Accessory dwelling units and junior accessory dwelling units shall not be approved absent a finding of adequate water supply and wastewater treatment capacity. The accessory dwelling unit or junior accessory dwelling unit can be accommodated with the existing water service and existing sewer lateral or private sewage disposal system, insofar as evidence is provided that the existing water service and existing sewer lateral or private sewage disposal system has adequate capacity to serve both the primary residence and accessory dwelling unit. No additional water meter shall be required, unless requested by the applicant.

If the accessory dwelling unit or junior accessory dwelling unit will be connected to an on-site water treatment system, the applicant may be required to submit a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years.

If the unit involves construction of new floor area, the applicant shall be required to submit a drainage plan pursuant to local coastal program land use plan policy 6-84.

The accessory dwelling unit or junior accessory dwelling unit may be rented in full or in part for the purpose of overnight lodging for terms of thirty or more consecutive days, but it shall not be rented for shorter terms or subleased. Neither the primary dwelling nor the accessory dwelling unit or junior accessory dwelling unit shall be sold or otherwise conveyed separately from the other unit, except pursuant to California Government Code Section 65852.26.

No impact fees, as defined in Government Code Section 65852.2(f), shall be imposed on any accessory dwelling unit or junior accessory dwelling unit with a gross floor area of less than seven hundred fifty square feet. Impact fees for all other accessory dwelling units shall be charged proportionately in relation to the square footage of the primary dwelling unit.

The special setback allowances in this chapter apply only to the accessory dwelling unit or junior accessory dwelling unit. They do not apply to ancillary structures proposed in conjunction with the unit, such as decks, balconies, or garages, unless necessary for ingress or egress to the unit.

Parking.

After January 1, 2025, and if permitted by state law, either the primary dwelling or the accessory dwelling unit shall be occupied by the owner of record as his or her principal residence.

The applicant is encouraged to submit the accessory dwelling unit or junior accessory dwelling unit and other proposal(s) for combined review by the city. If the applicant makes this election, he or she voluntarily forgoes the streamlining procedures described in Section 18.33.020.

The applicant may elect to have the city process the accessory dwelling unit or junior accessory dwelling unit separately from the other proposal(s). If the applicant makes this election, the streamlining procedures described in Section 18.33.020 would apply to the accessory dwelling unit or junior accessory dwelling unit proposal after the applicant obtains city approval for the other proposal(s).

Environmentally sensitive habitat areas, riparian corridors, wetlands, or riparian or wetland buffers.

Significant topographic features, including but not limited to steep slopes, ridgelines or bluffs, water courses, streams or wetlands or any areas as designated in the local coastal program.

Significant public views including Heritage Downtown, upland slopes or broad ocean views from Highway 1 as designated in the local coastal program.

Areas of public access to the coastal trail or beach areas including those as designated in the local coastal program.

Archaeological resources.

Prime agricultural land or soil.

Neither the single-family dwelling nor the accessory dwelling unit shall be sold or otherwise conveyed separately from the other unit, either directly or indirectly.

The accessory dwelling unit is a permitted use only so long as either the main residence or the accessory dwelling unit is occupied by the owner of record as his or her principal residence, pursuant to Section 18.33.050(I).

The restriction is binding on any successor in ownership of the property; lack of compliance will result in the accessory dwelling unit becoming an illegal, nonconforming use subject to the code enforcement and abatement proceedings established by this code.

The restrictions shall lapse upon removal of the accessory dwelling unit.

Affordability Requirements for Fee Waiver. Accessory dwelling units proposed to be rented at rents affordable to very low or low income households for at least five years may request a waiver of all city fees, subject to the sole discretion and approval of the city council. The city and applicant shall enter into an affordable housing agreement governing the accessory dwelling unit and that agreement shall be recorded against the property.

Parking. The covered parking requirement for a proposed primary residence shall be limited to one covered parking space and one uncovered parking space if an accessory dwelling unit is also proposed in areas outside of those designated in Section 18.33.050(H) and depicted in Figure 18.33-1. The uncovered parking space may be provided in the side yard setback (if on a corner lot) or front yard setback under this incentive with the parking design subject to approval of the community development director. The maximum impervious surfaces devoted to the parking area shall be no greater than the existing driveway surfaces at time of application. Not more than fifty percent of the front yard width shall be allowed to be parking area.

Park Facility Development Fee Imposed. A fee is imposed for revenue purposes upon the construction of each residential unit in the city, irrespective of whether the developer is required to dedicate land or pay fees in lieu of land dedication under Title 17.

Fee. Every person constructing any new dwelling unit in the city shall pay to the city the fees as established by city council Resolution No. 2016-01 in the Development Impact Fee Nexus Study by Michael Baker International dated December 8, 2015, attached thereto as Exhibit "A." The park facilities development fees may be modified from time to time by a resolution of the city council pursuant to a public hearing.

Date Due. The amount of the fee due under this chapter shall be determined at the time a building permit is sought for the construction or reconstruction of any mobile home park, and the full amount of such fee shall be due and payable concurrently with the application for such permit. If such fee is not fully paid on or before the date the permit is issued, the fee or the amount thereof not paid, shall thereupon become delinquent.

Delinquent Penalty–Interest. There shall be added to the fee for any unit or so much of such fee as becomes delinquent, a penalty of twenty-five percent which shall thereupon become payable in the same manner as the fee. The fee and penalty shall bear interest at the rate of ten percent per annum until paid.

A minimum of twenty percent of the total number of dwelling units in all developments of ten or more units shall be priced at levels which are affordable to low and moderate income households as defined in this chapter and in the housing element.

At least twenty-five percent of all below market rate units (twenty-five percent of the twenty percent required) shall be priced at levels which are affordable to very low and low income households as defined in this chapter and the housing element.

To the extent practical and feasible, the targets for new below market rate housing units shall be as follows:

The planning commission and city council may modify these targets based upon the specifics of each new residential subdivision of ten or more lots or dwelling units or condominium conversion projects of ten or more units.

In those cases where strict adherence to the formula provided herein results in a fraction between one one-hundredth and forty-nine one-hundredths of a below market rate dwelling unit, the city council may approve a pro rata contribution to the affordable housing fund an amount equal to twenty percent of the building permit valuation for the market rate units to be built.

Where the fraction of a below market rate housing unit was between five-tenths and ninety-nine one-hundredths, an additional housing unit shall be required.

Unless otherwise approved by the planning commission and city council, below market rate units created by this chapter shall be provided on site and integrated into the proposed residential subdivision.

In considering any proposal to construct or otherwise provide below market rate units off site from the proposed residential subdivision or condominium conversion, the planning commission and city council shall make the following findings:

Where an applicant requests relief from the requirement to construct below market rate units as required by this chapter, the city council may approve a contribution to the city's affordable housing fund of an amount equal to twenty percent of the building permit valuation for the market rate units. The city council shall consider the following in approving any request to contribute to the affordable housing fund in lieu of providing the dwelling units:

All projects providing below market rate units pursuant to the requirements of this chapter or providing housing affordable to extremely low, very low, or low income households shall be eligible for the following:

The provision and maintenance of required off-street parking and loading spaces is a continuing obligation of the property owner.

No building permit or other development permit shall be issued until plans are presented that show property that is and will remain available for exclusive use of off-street parking and loading spaces. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this title or as may otherwise be approved by the city. Any use of the property in violation hereof shall be a violation of this title.

Off-street parking spaces required in connection with all other uses except single-family, duplex and triplex residential uses permitted in all zoning districts may be open or uncovered and shall be provided on the same building site as the main building, except as may be provided for in this chapter. Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for storage of vehicles or materials or for the parking of delivery or service trucks used in conducting the business or use. Delivery or service trucks may be parked or stored in designated loading spaces.

Off-street parking for all residential uses in any zoning district shall be provided in private garages or enclosed carports, except as otherwise specified for mixed-use and multifamily development in the C-D, C-R, C-G, and C-VS districts. All required garages or enclosed carports shall be located on the same lot or building site as the buildings they are required to serve. All required enclosed carports for residential uses shall be kept free, clear and accessible for the parking of vehicles at all times.

When units of measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

Required parking spaces shall be improved as required by this chapter and made available for use before the final inspection is completed and a certificate of occupancy is issued.

Parking facilities shall be provided for all new construction as required by this title, but parking for the conversion of existing buildings to a more intensive use shall be provided as near to the requirements as is practicable.

For the purpose of this chapter, "floor area" in the case of medical, dental or other professional offices, retail and merchandising or service uses means the gross floor area inside the perimeter walls of a building or site to be used, or intended to be used, for service to the public as customers, patrons, clients, patients or as tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, show or display windows, for delineated office area incidental to the management or maintenance of retail stores or service uses, for toilet rooms or restrooms, for rooms used for utilities, or for dressing rooms, fitting or alteration rooms.

For the purpose of this chapter, "floor area" in the case of bars, cabarets, cafes, cocktail lounges and restaurants is defined as the gross floor area inside the perimeter building walls to be used, or intended to be used, for service to patrons, and excluding nonpublic areas used for incidental office uses by the restaurant manager; restrooms; cooking, food preparation, and storage areas; hallways from the public areas to the nonpublic areas; or areas occupied by permanent fixtures used for the display or sale of food products.

For the purpose of this chapter, "floor area" in the case of light industrial and warehousing uses means the gross floor area inside the perimeter building walls of a building or site to be used, or intended to be used, for service to the public as customers, patrons, or as tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise, and areas used principally for nonpublic purposes such as manufacturing, storage, incidental repair, processing or packaging of merchandise, and for delineated office area incidental to the management of the building or use. Mechanical or utility rooms and restrooms shall not be included in the definition of gross floor area for light industrial or manufacturing uses.

Except as may be approved through a parking exception or by the planning commission and/or city council in conjunction with a discretionary permit, whenever in any building or on any site there is a change in use or increase in floor area, or an increase in the number of employees or other unit of measurement specified in this chapter to indicate the number of required off-street parking spaces, additional off-street parking spaces shall be provided on the basis of the increased requirements of the new use, or on the basis of the total increase in floor area or in number of employees, or in other unit of measurement related to such use.

This section shall not apply to changes in use, increases in floor area, or increases in the number of employees for retail and visitor-serving commercial uses in the commercial-downtown zoning district; provided, that such change in use, increase in floor area, or increase in the number of employees would not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood; and provided further, that the establishment, maintenance and/or conducting of the off-street parking facilities as proposed are as nearly in conformance with the requirements of the Half Moon Bay zoning code as are reasonably possible.

In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified for joint use in this chapter.

In the case of a use not specified in this chapter, the requirements for off-street parking facilities for a similar use which is so specified in this chapter shall apply.

Nothing in this chapter shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses; provided, that reciprocal access, egress, and parking agreements are reviewed by the community development director and city attorney and recorded against all affected properties. The total of such off-street parking spaces supplied collectively shall not be not less than the sum of the requirements for the various uses computed separately.

Where a joint use of parking facilities is proposed and the applicant requests relief from the parking space requirements, a use permit shall be required. For restaurants which are combined with retail uses on the same property, which have different peak operating hours, the planning commission may approve a request for parking provisions for only seventy-five percent of restaurant capacity, as long as all required retail parking spaces are provided. This reduction may not be used in conjunction with a mixed-use shared-use reduction or guest parking waiver as provided for in Chapter 18.07 in the C-D district.

For mixed-use development in the C-D district, the planning commission may grant up to a twenty percent reduction in the total number of required parking spaces as specified in Chapter 18.07.

Number of Required Off-Street Parking Spaces. The number of off-street parking spaces required for all permitted uses is set forth in Table A: Number of Required Off-Street Parking Spaces.

Size and Access. Off-street parking facilities shall comply with the size and access standards set forth in Table B: Parking Facility Size and Access Standards. Each off-street parking space shall have an area of not less than one hundred seventy square feet exclusive of access drives or aisles, and shall be of usable shape, location and condition. There shall be adequate provision for ingress and egress to all parking spaces.

Compact Off-Street Parking Facilities.

Parking for Disabled Individuals. Parking spaces specifically reserved for vehicles licensed by the state of California for use by disabled individuals shall be provided and improved in each parking facility as required by state law.

The following standards shall be used in establishing the minimum number of berths required:

A loading berth shall contain a minimum space of ten feet wide and sixty feet long and have an overhead clearance of fourteen feet. Where the vehicles generally used for loading and unloading exceed these dimensions, the required length of these berths shall be increased.

Access to loading berths shall be from alleys where they exist, but in no event shall a loading berth abut on or directly access any existing street, road or highway.

For multifamily residential developments, guest parking spaces shall be provided on site at a ratio of one space for each four units.

Where a residential development is approved with internal streets and drives that do not meet city standards and on-street parking is restricted, or where streets or drives are designated and posted with restricted parking such as fire lanes, guest parking spaces shall be provided outside of the street section or paved area at a ratio of one space for each four units.

For mobile home parks, guest parking spaces shall be located for convenient access to mobile home spaces. Guest parking spaces may be located in adjacent parking bays or along access roads where sufficient paved roadway width is provided.

Screening Required.

Surfacing and Grading. Unless otherwise approved by the planning commission and/or city council, all parking areas shall be surfaced so as to provide a durable, dust free, all-weather surface and graded so as to minimize surface water accumulation and runoff within the area. All areas used for the parking and maneuvering of vehicles shall be so surfaced and graded as to avoid flow of water across sidewalks. Surfacing materials are subject to approval of the city engineer.

Curbing and Setback. Parking spaces along the outer boundaries of an unenclosed parking lot shall be contained by a curb at least four inches high or by a bumper rail, and set back a minimum of four and one-half feet from the property line.

Lighting. Any artificial lighting installed in a parking facility shall be deflected as to not shine or create glare in any residential district or any adjacent dwelling.

Interference with Street Right-of-Way. All groups of more than two parking spaces shall configured or be located and served by a driveway so as to prevent backing into or other maneuvering within a street right-of-way other than an alley.

Striping and Signage. All parking areas shall contain striping that clearly outlines all parking spaces. Aisles, approach lanes, turning areas, and driveways shall be marked with directional arrows and/or signs where necessary to provide for safe traffic movement.

All improvements required herein shall be consistent with California Regional Water Quality Board and San Francisco Bay Region Municipal Regional Stormwater NPDES permit guidelines.

The off-site parking lot is within three hundred feet walking distance or otherwise located so as to be useful in connection with the proposed use or uses on the building site or sites; and

Parking at the off-site location will not create undue traffic hazards in the surrounding area; and

The off-site parking lot and the building site or sites are in the same ownership or the owners are entitled to the immediate possession and use thereof for a term coterminous with the proposed use; and

Upon receiving approvals from the planning commission and/or city council for all required discretionary permits, the owner or owners of the properties execute a written instrument or instruments, approved as to form and content by the city attorney, providing for the maintenance of the required parking on the off-site parking lot for the duration of the proposed use or uses on the building site. Such instruments shall be recorded in the county recorder's office as restricted covenants against each property; and

Should a change in use or additional uses be proposed, the off-street parking regulations in effect at the time of the change of type or intensity of use shall apply; and

As set forth in this title, off-site parking lots in residential districts to support commercial uses require the approval of a use permit in each case.

Short-Term Bicycle Parking. Short-term bicycle parking shall be provided in order to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time.

Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

Delineation of individual parking and loading spaces, including the size of stalls and access drives;

Circulation area necessary to serve parking and loading spaces;

Access to streets and property to be served;

Curb cuts and any closures of existing drives;

Dimensions, continuity and substance of screening;

Grading, drainage, surfacing and subgrading details;

Delineation of obstacles to parking and circulation in finished parking area;

Specifications as to signs and bumper guards;

Landscaping plans and details;

All other pertinent details as may be required by the community development director.

An application for a parking exception shall be initiated on a form provided by the community development department. An application for a parking exception shall be submitted concurrently with any other required discretionary permit. The application shall include a fee set by resolution of the city council. At the time a complete application for a parking exception is made, the community development director shall determine the applicable review procedure as provided for herein.

The applicant shall submit a written explanation relating the circumstance of the particular case to the following findings of fact:

Where a public hearing is required for any discretionary permit associated with the parking exception, the required public notice shall also indicate that a parking exception is also requested.

At any public hearing or meeting of the planning commission and/or city council, the applicant may present testimony and other evidence in support of his application, and other interested persons may be heard and/or present evidence on the matter.

After the conclusion of the public hearing or meeting, the planning commission and/or city council shall make written finding of facts showing whether the four requirements in subsection B of this section have been established with respect to the land, building or use for which the parking exception is sought, and make its determination as to the granting or denial of the application for a parking exception based upon those findings.

In approving any parking exception under the provisions of this chapter, the community development director, planning commission, and/or city council shall impose such conditions in connection therewith as will, in its opinion, secure substantially the objectives of this title as to the public health, safety, morals, convenience and general welfare. It shall also require such evidence and guarantees as it deems necessary to obtain compliance with the conditions imposed in connection therewith.

A determination of the community development director or planning commission pursuant to this section may be appealed in accordance with the requirements of Chapter 1.25.

Unless otherwise expressly stated in the granting thereof, every parking exception approved under the provisions of this chapter shall lapse and expire and be of no force and effect whatsoever, unless the building, work of construction or other project or undertaking for which the parking exception was granted is substantially commenced within one year after its effective date and thereafter diligently prosecuted to completion. Nothing in this chapter shall prevent the planning commission and/or city council from extending the time for the exercise of said rights for one additional period of six months upon receiving a written request from the applicant prior to the expiration of the six-month period.

An application for a parking exception that has been finally disapproved may not be resubmitted for a period of one year from final disapproval unless the application has been substantially changed.

Where a request for a parking exception has been submitted for a reduction in the parking stall dimensions, in no case shall the community development director or planning commission approve a parking stall with dimensions less than eight feet by sixteen feet.

Protect the scenic and visual qualities of coastal areas as a resource of public importance.

Ensure that new development is located so as to protect views to and along the ocean and scenic coastal areas.

Minimize the alteration of natural land forms.

Restore and enhance visual quality in visually degraded areas.

Allow development only when it is visually compatible with the character of the surrounding areas.

Scenic Corridors. Visual resource areas along the Highway One corridor and scenic beach access routes, defined as follows:

Upland Slopes. Scenic hillsides which are visible from Highway One and Highway 92, as indicated on the visual resources overlay map. These areas occur include hillside areas above the one hundred sixty foot elevation contour line which are located:

Planned Development Areas. New development within planned development areas shall be subject to development conditions as stated in the local coastal program land use plan for each planned development, to design review standards set forth in this title, and standards set forth in this chapter regarding landscaping, signs, screening, lighting, parking areas and utilities.

Old Downtown. The historic downtown area, once known as "Spanish Town," is a visual resource area identified on the city's land use plan visual resources overlay map. The old downtown is included within the larger planning area of the Half Moon Bay downtown specific plan. However, the "old downtown" referred to in this chapter pertains specifically to the following area:

Structures shall be set back from the bluff edge far enough to ensure that the structure does not infringe on views from the beach and along the bluff top parallel to the bluff edge. In areas where existing structures on both sides of the proposed structure already impact public views from the beach or along the bluff top, new structures shall be located no closer to the bluff edge than adjacent structures.

Parking facilities and recreational structures, including campers, located in public regional recreational areas, private recreational areas, visitor-serving commercial areas and other developments shall be sited and designed to minimize visibility from the beach.

No off-premises outdoor advertising shall be permitted. This includes kiosks in beach viewshed areas. Other permitted signs shall be carefully designed and reviewed so that any negative visual impacts are minimized.

New development shall be sited and designed so as to avoid or minimize destruction or significant alteration of significant existing plant communities identified in the local coastal program land use plan and general plan.

Development within areas shown on the visual resources overlay map as providing broad ocean views. Development may not significantly obscure, detract from, or negatively affect the quality of broad ocean views. All new development shall be reviewed by the planning commission for conformance with the following criteria:

Development within the Highway One corridor and scenic corridors along all designated shoreline access routes as indicated on the visual resources overlay map where existing permits or development does not exist. In general, structures shall be:

Access Roads and Vegetation.

Signs. No off-premises outdoor advertising shall be permitted. Other permitted signs shall be carefully designed and reviewed so that any negative visual impacts are minimized.

Parking Lots. All commercial or public parking lots shall be landscaped and screened with berms, if necessary, to minimize visual intrusion within scenic corridors.

Grading or creation of a building site which results in significant alteration of the natural terrain shall not be allowed. Structures shall be subordinate in appearance to the natural land form and shall follow existing natural contours.

Structures and roads shall be designed to fit the topography of the site with minimal cutting, grading, or filling for construction. Pitched, rather than flat roofs, which are surfaced with nonreflective materials except for solar energy devices shall be encouraged.

Structures shall be sited so as to not intrude or project above the ridge line skyline as seen from Highways One and 92.

Tree stands shall be preserved wherever possible. Where trees must be removed for building purposes, reforestation with indigenous or naturalized species shall be provided as part of new development in order to maintain forested appearance of the hillside.

Structures shall be concentrated into clusters to preserve larger areas of open space.

The padding or terracing of building sites shall be prohibited, unless it is determined that there are no feasible and reasonable alternatives.

Within the Dykstra Ranch, Carter Hill and Nurserymen's Exchange planned unit development areas, no development shall occur above the one hundred sixty-foot contour line, nor on slopes of twenty-five percent or greater.

No off-premises outdoor advertising shall be permitted. Other permitted signs shall be carefully designed and reviewed so that any negative visual impacts are minimized.

Design approval of new development, alterations to existing structures and proposed demolitions within the old downtown shall be in accordance with the following criteria:

In addition to the above criteria, the downtown specific plan and historic resources ordinance contains preservation, design, and land use standards guiding new development and maintenance of historic sites within the downtown area. New development, additions and remodels in the downtown planning area shall be subject to the policies of the downtown specific plan and historic resources ordinance, and any design guidelines which may be developed to implement the downtown specific plan and historic resources ordinance.

New development, additions and remodels in the downtown area shall also be evaluated using the design review standards set forth in this title, and shall be subject to the standards set forth in this chapter regarding landscaping, signs, screening, lighting, parking areas and utilities.

No off-premises outdoor advertising shall be permitted, except temporary signs or signs approved by the city as a part of any directional sign program or special events sign program encouraged in policies of the city downtown specific plan. Other permitted signs shall be carefully designed and reviewed so that any negative visual impacts are minimized.

Preservation of Significant Plant Communities. Significant plant communities including riparian vegetation along stream banks and bodies of water, notable tree stands, and unique species shall be preserved wherever possible.

Plant Communities Preservation Guidelines.

Conditions. Conditions for the preservation or replacement of significant plant communities shall be included in conditions of approval for each planned development area in the city, and for each development located adjacent to riparian areas or other sensitive habitats. Preservation standards provided in Chapter 18.38, Coastal Resource Conservation Standards, for protection of Monterey pines, California wild strawberry and other rare, unique or endangered plant species shall be incorporated in conditions of approval for any development in the vicinity of these species.

Landscaping shall be an integral part of the project design, to create a pleasing appearance from both within and off the site.

Landscape plans shall display organization and usefulness of space through arrangement of architectural elements and plantings. Vegetation shall be arranged in a hierarchy of plant groupings to enhance the visual and scenic qualities of the site.

New or replacement vegetation shall be compatible with surrounding vegetation and shall be adaptable to the site with regard to rainfall, soil type, exposure, growth rate, erosion control and energy conservation purposes. Plant materials chosen shall be species which do not present safety hazards, which allow native flora to reestablish in the area, and which require minimal maintenance, including watering, pest control, and clean-up of litter from fruit and leaf droppings.

Existing trees shall be preserved wherever possible. Trees which are to be saved should be identified and a note included on the plans as to their protection and pruning.

Trees should not be planted directly over or under utility lines. Trees with a surface root system should not be planted in the following areas without a root control box: parking lot medians, parking lot tree wells, parking strips, areas adjacent to other paved surfaces.

In general, trees and large shrubs should be planted a minimum of fifteen feet away from any major structure, except for street trees and shrubs in the downtown area. Trees and shrubs which have a height greater than width at maturity may be planted as close as three feet to a structure. Trees should be planted far enough from windows and entry ways to prevent severe pruning or removal of the plant as it matures.

Trees should be planted far enough from street lighting to prevent blockage or reduction of light as the tree matures. Trees should be planted far enough from road signs and signals so as not to obstruct visibility. On the corner of a corner lot, shrubs shall be maintained at a height of thirty inches or lower at maturity and trees shall be trimmed and pruned so that they branch at six feet or higher to allow for adequate sight distance.

New street trees shall be fifteen gallon can size, at a minimum, at the time of planting.

Landscaping shall be used to separate and/or screen parking and storage areas from other areas, break up expanses of paved area, and define open space for usability and privacy.

In addition to landscaping, earth berms shall be used for screening public parking lots, wherever possible.

Recreational vehicle parks shall be landscaped in such a manner that the site is fully screened from public roads, vista points, public recreation areas and residential areas within five years of development commencing.

Location of structures should take into account maintenance of private view; rooftop mechanical equipment shall be incorporated into roof design or screened from adjacent properties. Utility installations such as trash enclosures, storage units, traffic control devices, transformer vaults and electrical meters shall be accessible, but screened where possible.

Installation of wireless telecommunication facilities shall obtain a CDP that is found consistent with all provisions of the certified local coastal program as set forth in Sections 18.20.025(A)(8) and (9). Telecommunication facilities shall satisfy all development standards applicable to the issuance of both use permits and CDPs except as more specifically set forth below.

New wireless telecommunication facilities shall not be located between the first public road and the sea, or on the seaward side of Highway 1 in areas that are not currently developed, unless a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists. Where a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists, the facility shall comply with all otherwise applicable provisions of the certified LCP and shall avoid impacts to the public viewshed to the maximum extent feasible, such as by attaching to an existing structure in a manner that does not significantly alter the appearance of the existing structure.

Co-location facilities located between the first public road and the sea, or on the seaward side of Highway 1 in undeveloped areas, shall only be allowed if a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists. Where a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists, a co-located facility shall comply with all otherwise applicable standards of the certified LCP and shall avoid impacts to the public viewshed to the maximum extent feasible. A co-located facility shall not significantly alter the appearance of the existing structure.

Telecommunication facilities shall be subject to the height limitations set forth in Chapter 18.22.

Limit or prohibit urban development within coastal resource areas that would have adverse impacts on those resources designated in the city local coastal program land use plan;

Ensure that the siting and design of developments in the city does not significantly degrade sensitive habitat areas and maintains the biological productivity of those habitats;

Minimize the loss of vegetation and limit increased erosion and sedimentation in the riparian corridors associated with the two perennial streams, Frenchman's Creek and Pilarcitos Creek, including the Arroyo Leon tributary, and one intermittent stream, Arroyo Canada Verde, within the city;

Limit access into sensitive habitats where necessary to preserve their biological productivity;

Identify and protect the habitats of rare, endangered or unique species, as defined in state and federal law, within the city;

Ensure that important archaeological resources within the city are identified and protected from the adverse effects of new development;

Encourage improved access to the beaches and bluffs along the coast as part of the establishment and development of recreational areas, both public and private, in the city;

Ensure more focused protection by specifying permitted uses and performance criteria for different types of habitats;

Ensure restoration of damaged sensitive habitats; and

Balance coastal act requirements for protection of fragile resources with requirements for the provision of shoreline access while keeping in mind that the protection of environmentally sensitive habitats has highest priority.

The continuance of any pre-existing nonagricultural use, provided such use has not lapsed for a period of one year or more. This shall include any change of use which does not significantly increase the degree of encroachment into or impact upon the sensitive habitat as determined by the community development director.

The continuance of any pre-existing agricultural use, provided such use has been exercised within the last five years.

All activities listed in the California Food and Agricultural Code pursuant to the control or eradication of a pest as defined in Section 5006, Food and Agricultural Code, as required or authorized by the county agricultural commissioner.

Any category of development that is exempt from coastal development permitting requirements pursuant to Section 30610 of the Coastal Act as implemented by Title 14, Sections 13250, 13252, and 13253, of the California Code of Regulations, and Chapter 18.20 of the zoning code.

Sensitive Habitat Areas. Areas in which plant or animal life or their habitats are either rare or especially valuable, and/or as designated on the habitat areas and water resources overlay map. Areas considered to be sensitive habitats are listed below.

Riparian Area and Corridor. Any area of land bordering a perennial or intermittent stream or their tributaries, or around a lake or other body of fresh water, including its banks and land at least up to the highest point of an obvious channel or enclosure of a body of water. Riparian corridors are the areas between the limits of riparian vegetation, where limits are determined by vegetative coverage, at least fifty percent of which is comprised of a combination of the following plant species: red alder, jaumea, pickleweed, big leaf maple, narrow-leaf cattail, arroyo willow, broadleaf cattail, horsetail, creek dogwood, black cottonwood, and box elder. These areas and corridors are sensitive habitats requiring protection. Man-made irrigation ponds having over two thousand five hundred square feet of surface area are exempt.

Bluff, Cliff and Sea-Cliff. Bluff, cliff and sea-cliff definitions:

Wild Strawberry Habitat. Any undeveloped areas within one half mile of the coast.

Wetlands. As defined by the U.S. Fish and Wildlife Service, a wetland is an area where the water table is at, near, or above the land surface long enough to bring about the formation of hydric soils or to support the growth of plants which normally are found to grow in water or wet ground. Such wetlands can include mud flats (barren of vegetation), marshes, and swamps. Such wetlands can be either fresh or saltwater, along streams (riparian), in tidally influenced areas (near the ocean and usually below extreme high water of spring tides), marginal to lakes, ponds, and man-made impoundments. Wetlands do not include areas which in normal rainfall years are permanently submerged (streams, lakes, ponds, and impoundments), nor marine or estuarine areas below extreme low water of spring tides, nor vernally wet areas where the soils are not hydric.

Archaeological Resource Areas. Any area shown in the Half Moon Bay local coastal program land use plan map of potential archeological resources as potentially containing archaeological resources. Specific areas are:

Report Requirements. The following requirements apply to reports.

Exceptions. The community development director may grant exceptions to the requirements of this chapter if he or she finds that existing studies adequately fulfill the requirements of this chapter, provided such studies were prepared by a qualified professional as a part of a previously certified final EIR in accordance with the provisions of this chapter.

When Required. The community development director shall require the applicant to submit a biological report, prior to development review, prepared by a qualified biologist for any project located in or within one hundred feet of any sensitive habitat area, riparian corridor, bluffs and sea-cliff areas, and any wetland.

Report Contents. In addition to meeting the requirements of Section 18.35.030, the biological report shall contain the following components:

Distribution of Report. Any biological report prepared pursuant to this title shall be distributed to the U.S. Fish and Wildlife Service, the Army Corps of Engineers, the California coastal commission, the state Department of Fish and Game, the regional water quality control board, and any other federal or state agency with review authority over wetlands, riparian habitats, or water resources.

When Required. The applicant shall have prepared, by a qualified archeologist an archaeological report for any development project located within any designated archaeological resource area, where a recorded archaeological site identified in local coastal program land use plan Figure 6.1 is located on or within one hundred feet of the project site, and for any public projects as defined in Section 18.38.095B located within the mapped areas.

Report Contents. In addition to meeting the report requirements listed in this title, the archaeological report shall contain the following components:

When Required. The applicant shall submit a geological report for shoreline structures, for any structure to be built within one hundred feet of the bluff edge, any sea wall or cliff-retaining structure, and projects which involve substantial alteration of waterways, and for any development in areas of known geologic hazards, including but not limited to those indicated on the LUP geologic hazards map or in any area known to contain expansive soils or to be subject to subsidence.

Report Contents. All geologic reports prepared pursuant to this chapter shall include an evaluation of the proposed development's adjacency to, threats from, and impacts on geologic hazards arising from seismic events, and from any other hazardous event or situation potentially affecting the particular parcel(s) on which the development is proposed, e.g., flooding, tsunami run-up, landslides, or other geologic conditions such as expansive soils and subsidence areas. The evaluation shall recommend mitigation measures to ensure the elimination or reduction of identified hazards, including, as appropriate to location or project specifics, measures to minimize erosion problems during and after construction and to ensure that development will not contribute to flood hazards. In addition to including these contents required for all geologic evaluations, the geologic reports prepared for bluff and cliff top development and for sea walls and cliff retaining structures shall include the information specified below:

Development and land use:

The initial study:

Use of Environmental Impact Report on Project. The community development director may allow an applicant to substitute the analysis in an environmental impact report on a project for a geological, biological or archaeological report on the same project, if the community development director determines that the environmental impact report adequately meets the requirements for geological, biological or archaeological reports listed in this title.

Use of Previously Prepared Environmental Impact Report. The community development director may accept the information and analysis contained in a previously prepared environmental impact report required under the California Environmental Quality Act in lieu of a new geological, biological, or archaeological report if the community development director determines that:

Permitted Uses.

Prohibited Uses.

Standards.

Buffer Zone. A minimum buffer area for sand dunes shall be provided from the most seaward stabilized dune extending fifty feet landward. Development shall be located only landward of the most seaward stabilized dune.

Parking Facilities. When located adjacent to dunes, parking facilities:

Dune Stabilization.

Permitted Uses–Sea-Cliff or Bluff-Face.

Prohibited Uses–Sea-Cliff or Bluff Face.

Permitted Priority Uses, Bluffs.

Conditionally Permitted Uses. Where no other less environmentally damaging alternatives are available, and when required to serve coastal dependent uses, to protect existing structures, or to protect public beaches in danger from erosion, the following are permitted by use permit with CEQA compliance.

Prohibited Uses–Bluffs. Off-road vehicle use shall be prohibited in regional recreational areas as designated on the land use plan map.

Development Standards. In addition to requirements listed in subsection D of this section, the following shall apply:

Pedestrian Traffic.

Coastal Access Plans.

Buffer Zones.

Public Dedications or Easements.

Bluff Edge Trail. An improved lateral bluff edge trail from Kelly Avenue to Miramontes Point Road:

Permitted Uses. Except as may be specified in this chapter, within riparian corridors, only the following uses shall be permitted:

No Alternative Permitted Uses. The following are permitted uses where no feasible or practical alternative exists.

Standards. Development shall be designed and constructed so as to ensure that:

Riparian Buffer Zone. The riparian buffer zone is defined as:

Permitted uses within riparian buffer zones include:

No Alternative Permitted Uses. The following are permitted uses within riparian buffer zones where no feasible alternative exists:

Development Standards within Riparian Buffer Zones. Development shall be designed and constructed so as to ensure that:

Findings for Development within Riparian Buffer Zones. The following findings shall be supported by the contents of the required biological report that:

Permitted Uses.

Permitted Uses with Approval of a Use Permit.

Standards. The riparian corridor standards listed in this chapter shall apply to wetlands.

Wetlands Buffer Zone. The minimum buffer surrounding lakes, ponds, and marshes shall be one hundred feet, measured from the high water point, except that no buffer is required for man-made ponds and reservoirs used for agriculture.

Permitted Uses within Wetlands Buffer Zones. The riparian buffer zone uses listed in this title shall apply to wetlands buffer zones.

Permitted Uses within Wetlands Buffer Zones, Where No Feasible Alternative Exists. The riparian buffer zone uses listed under this title shall apply to wetlands buffer zones.

Development Standards within Wetlands Buffer Zones. The riparian buffer development standards listed under this title shall apply to wetlands buffer zones.

Findings for Development within Wetlands Buffer Zones. The following findings shall be supported by the contents of the required biologic report that:

Rare and Endangered Species. The potential exists for any of the following rare and endangered species to be found within the county coastal area and therefore within the city.

Permitted Uses. In the event that a biological report indicates the existence of any of the above species in an area, the following uses are permitted.

Permitted Uses within Critical Habitats. Within the critical habitat as identified by the Federal Office of Endangered Species, permitted uses are those which are deemed compatible by the U.S. Fish and Wildlife Service in accordance with the provisions of the Endangered Species Act of 1973, as amended.

Buffer Zones. The minimum buffer surrounding a habitat of a rare or endangered species shall be fifty feet.

Standards.

Habitat Preservation. Rare and endangered species habitats shall be preserved according to the requirements of the specific local coastal program land use plan policies tailored to each of the identified rare and endangered species and LCP/LUP implementing ordinances.

Unique Species. Unique species are those organisms which have scientific or historic value, few indigenous habitats, or some characteristics that draw attention or are locally uncommon.

Permitted Uses. Permitted uses include:

Critical Habitat Preservation. Development, trampling or other destructive activity which would destroy any unique plant species shall be prevented, and plants identified as being valuable shall be successfully transplanted to some other suitable site.

Eradication of Invasive Plants. Pampas grass, weedy thistles, French broom, Scotch broom, and other weedy plants which are identified to be destructively invasive shall be eradicated.

Control of Blue Gum Eucalyptus. It is not desirable to encourage wholesale removal of existing stands of blue gums, however:

Site Protection. Development within an area designated on the map of potential archaeological resources shall include such designs and methods of construction as will offer protection for any potential archeological site.

Public Projects. As a part of any project to construct new roads, trails, sewer or water lines, or other public projects involving substantial excavation which could destroy archaeological resources within the areas designated on the map of potential archaeological resources, provision shall be made for a qualified archeologist to conduct an archaeological survey and to sample and salvage the site as a part of the construction project.

During Construction. The developer of a project shall notify the city when an archaeological site is discovered during construction of a project. The city shall require that all work that, in the determination of the community development director, could degrade the archaeological resources on the site be suspended until the completion of an investigation of the archaeological resources by a qualified professional. The city shall call for such an investigation within fifteen days of its notification. If the investigation does not find significant archaeological resources on the site, the investigation shall be completed within thirty days. If the investigation finds significant archaeological resources on the site, the investigation shall be completed within ninety days.

On-Site Retention and Infiltration. To the maximum extent feasible, development shall not result in an increase in the peak rate or average volume of off-site storm water discharge from the pre-development discharge. This requirement shall be achieved by maximizing on-site storm water retention and infiltration. However, on-site infiltration of storm water shall not be required where infiltration would contribute significantly to geologic instability in a geologically hazardous area.

Discharge to Sensitive Habitat Areas and Coastal Waters. No pollutants, including but not limited to sediments, heavy metals, pesticides, herbicides, fertilizers, nutrients, construction material, chemicals, petroleum hydrocarbons, trash, etc., shall be directly discharged to any sensitive habitat area, wetland, stream, drainage ditch, or coastal waters.

Construction Phase Best Management Practices. Development shall be undertaken in accordance with the following construction phase best management practices. Selection of the appropriate BMPs shall be conducted in consultation with the city engineer. Other BMPs approved by the city engineer as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. All BMPs must comply with local zoning and building codes and other applicable regulations. Construction phase BMPs may include but are not limited to:

Post-Construction Phase Best Management Practices. Development shall be undertaken in accordance with the following post-construction phase best management practices. Selection of the appropriate BMPs shall be conducted in consultation with the city engineer. Other BMPs approved by the city engineer as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. All BMPs must comply with local zoning and building codes and other applicable regulations. Post-construction phase BMPs may include but are not limited to:

Erosion Control, Drainage, and Storm Water Management Plans. Development that (1) increases impervious surface coverage by more than ten percent of the lot area or (2) involves grading shall be undertaken in accordance with site-specific construction phase erosion control, drainage plan and post-construction storm water management plan.

On-Site Retention and Infiltration. To the maximum extent feasible, development shall not result in an increase in the peak rate or average volume of off-site storm water discharge from the pre-development discharge. This requirement shall be achieved by maximizing on-site storm water retention and infiltration. However, on-site infiltration of storm water shall not be required where infiltration would contribute significantly to geologic instability in a geologically hazardous area.

Discharge to Sensitive Habitat Areas and Coastal Waters. No pollutants, including but not limited to sediments, heavy metals, pesticides, herbicides, fertilizers, nutrients, construction materials, chemicals, petroleum hydrocarbons, trash, etc., shall be directly discharged to any sensitive habitat area, wetland, stream, drainage ditch, or coastal waters.

Construction Phase Best Management Practices. Development shall be undertaken in accordance with the following construction phase best management practices. Selection of the appropriate BMPs shall be conducted in consultation with the city engineer. Other BMPs approved by the city engineer as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. All BMPs must comply with local zoning and building codes and other applicable regulations. A site-specific erosion and sediment control plan prepared by a California registered civil engineer shall be required for development resulting in the addition or replacement of more than ten thousand square feet of impervious surface coverage. The plan shall indicate the specific design, installation, location, and maintenance of BMPs necessary to meet the requirements of subsections A and B of this section. Construction phase BMPs may include but are not limited to:

Post-Construction Phase Best Management Practices. Development shall be undertaken in accordance with the following post-construction phase best management practices. Selection of the appropriate BMPs shall be conducted in consultation with the city engineer. Other BMPs approved by the city engineer as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. All BMPs must comply with local zoning and building codes and other applicable regulations. A site-specific storm water management plan that includes appropriate treatment BMPs prepared by a California registered civil engineer shall be required for development resulting in the addition or replacement of more than ten thousand square feet of impervious surface coverage. The plan shall indicate the specific design, installation, location, and maintenance of BMPs necessary to meet the requirements of subsections A and B of this section. Post-construction BMPs may include but are not limited to:

Installation of wireless telecommunication facilities shall obtain a CDP that is found consistent with all provisions of the certified local coastal program as set forth in Sections 18.20.025(A)(8) and (9). Telecommunication facilities shall satisfy all development standards applicable to the issuance of both CDPs and use permits except as more specifically set forth below.

New wireless telecommunication facilities shall be prohibited in coastal resource areas, as defined by Section 18.38.020, except when denial of the facility would be inconsistent with federal law and the reviewing authority finds there is no feasible location outside coastal resource areas. Where denial of the facility would be inconsistent with federal law and the reviewing authority finds there is no feasible location outside coastal resource areas, approval of the facility is also subject to all of the following written findings: (1) there is no alternative facility configuration that would avoid impacts to environmentally sensitive habitat areas; (2) adverse impacts to the sensitive habitat are minimized to the maximum extent feasible; (3) unavoidable impacts are mitigated so that there is no loss in habitat quantity or biological productivity; and (4) the facility can be found consistent with all otherwise applicable local coastal program (LCP) policies, standards, and regulations and zoning district development standards.

The property owner shall submit evidence from a qualified professional that the building or object is a hazard to public health or safety and repairs or stabilization are not feasible; or

The property owner shall submit a written statement indicating that there is no viable economic use of the building or object in its present configuration or condition, and it is not feasible to derive a reasonable economic return from the building or object in its present configuration or condition; and

The property owner shall submit a written statement indicating that the building or object has been offered as a donation to a responsible organization such as the Spanish town historical society for relocation to an appropriate receptor site for preservation.

To achieve the basic state goals of maximizing public access to the coast and public recreational opportunities, as set forth in the California Coastal Act codified at Sections 30000 through 30900 of the California Public Resources Code. Section 30001.5(c) states that public access both to and along the shoreline shall be maximized consistent with sound resource conservation principles and constitutionally protected rights of private property owners;

To implement the public access and recreation policies of Chapter 3 of the Coastal Act (Sections 30210--30255); and

To implement the certified land use plan of the local coastal program which is required by Section 30500(a) of the act to include a specific public access component to assure that maximum public access to the coast and public recreation areas is provided;

In achieving these purposes, this chapter shall be given the most liberal construction possible so that public access to the navigable waters shall always be provided and protected consistent with the goals, objectives and policies of the California Coastal Act and Article X, Section 4, of the California Constitution.

New Development. For purpose of implementing the public access requirements of Public Resources Code Section 30212 and of this chapter, "new development" includes "development" as defined above except the following:

Types of Public Access and Recreation. The following defines the types of public access required by this chapter:

Character of Access Way Use. The following defines the character of access way use established by this chapter:

Access Required. As a condition of approval and prior to issuance of a permit or other authorization for any new development identified in subsections (A)(1) through (4) of this section, except as provided in subsections (B)(1) through (3) of this section, an offer to dedicate an easement or other legal mechanism pursuant to Section 18.40.040(J)(2) for one or more of the types of access identified in Section 18.40.020(D)(1) through (5) shall be required and shall be supported by findings required by Section 18.40.050A through C provided that no such condition of approval shall be imposed if the analysis required by Section 18.40.050(A)(1) through (4) establishes that the development will not adversely affect, either individually or cumulatively, the ability of the public to reach and use public tidelands and coastal resources or that the access dedication requirements will not alleviate the access burdens identified.

Exceptions. The requirements set forth above shall apply except in the following instances:

Lateral Public Access. The public access required pursuant to Section 18.40.030(A)(1) through (4) shall conform to all of the following standards and requirements set forth in this section:

Vertical Public Access–Minimum Requirements.

Bluff Top Access–Minimum Requirements.

Trail Access–Minimum Requirements.

Recreational Access–Minimum Requirements. A condition to require public recreational access as a condition of approval of a coastal development permit (or some other authorization to proceed with development) required pursuant to subsections (A)(1) through (4) of this section, shall provide the public with the permanent right of access and use within a designated recreational access area. Conditions required pursuant to this section shall specify the location and extent of the public access area. The form and content should take the form of requirements in subsections (A)(1) through (D)(1)(a) and (b) of this section as applicable. The access way shall be legally described as required in subsections (G)(1) through (3) of this section.

Protection of Historic Public Use.

Legal Description of an Access Way–Recordation.

Management Plan Minimum Requirements. A management plan may be required in conjunction with a dedication of public access in any case where there is substantial evidence of potential conflicts between public access use and other uses on or immediately adjacent to the site. Examples include access in areas of sensitive habitats, agricultural resources, or significant hazards, or adjoining residential neighborhoods or military security areas. The plan shall be prepared by the accepting agency and approved by the city prior to the opening of the access to public use. Where applicable, the plan should specify management controls on time and intensity of use, standards for privacy buffers, and requirements for maintenance of aesthetic values through such measures as litter control.

Privacy Buffers Minimum Requirements. Separation between a public access way and adjacent residential use may be provided when necessary to protect the landowner's privacy or security as well as the public's right to use of the access way. Any such buffer shall be provided within the development area. Access should not be sited closer to any residential structure than ten feet. The buffer can be reduced where separation is achieved through landscaping, fences or grade separation.

Implementation.

Title Information. As a requirement for any public access condition, prior to the issuance of the permit or other authorization for development, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where easements are being granted. The amount of insurance shall reflect the estimated cost to acquire an equivalent access way or recreational use elsewhere in the vicinity. All offers shall be made free of all encumbrances which the approving authority pursuant to subsections (G)(1) through (3) of this section determines may affect the interest being conveyed. If any such interest exists which could erase the access easement, it must be subordinated through a written and recorded agreement.

Required Overall Findings. Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether development or new development) and of all approvals or conditional approvals of projects (whether development or new development) where an access dedication is included in the project proposal or required as a condition of approval. Such findings shall address the applicable factors identified by Section 18.40.050 (B)(1) through (5) and shall reflect the specific level of detail specified, as applicable. Findings supporting all such decisions shall include:

Required Project–Specific Findings. In determining any requirement for public access, including the type of access and character of use, the city shall evaluate and document in written findings the factors identified in subsections (3)(1) through (5) of this section, to the extent applicable. The findings shall explain the basis for the conclusions and decisions of the city and shall be supported by substantial evidence in the record. If an access dedication is required as a condition of approval, the findings shall explain how the dedication will alleviate or mitigate the adverse effects which have been identified and is reasonably related to those adverse effects in both nature and extent. As used in this section, "cumulative effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning.

Required Findings for Public Access Exceptions. Any determination that one of the exceptions of Section 18.40.030(B)(2)(a) through (c) applies to a development shall be supported by written findings of fact, analysis and conclusions which address all of the following:

Findings for Management Plan Conditions. Written findings in support of a condition requiring a management plan for regulating the time and manner or character of public access use must address the following factors, as applicable:

Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate an interest in land for public use, a copy of the permit conditions, findings of approval and drafts of any legal documents proposed to implement the conditions shall be forwarded to the California Coastal Commission for review and approval prior to the issuance of the permit. The standards of review and approval by the Coastal Commission shall be the legal adequacy of the document to carry out the purposes of the permit conditions or certified land use plan; the uniform application of the document with other documents required throughout the coastal zone; and the document's consistency with the requirements of potential participating agencies. If requested, and if provided with copies of the permit conditions, findings and the applicant's name, address and telephone number, the Coastal Commission will prepare the documents and forward copies to the city for processing.

The Coastal Commission shall have fifteen working days from the receipt of the documents where review is requested and thirty working days where preparation is requested to complete the review or preparation and notify the applicant and city of recommended revisions, if any.

If the city does not receive notification of the inadequacy of documents it has prepared within the fifteen working day period, the documents are deemed approved and the permit may be issued upon proof that the documents have been recorded free of prior liens and encumbrances which the executive director determines may affect the interest being conveyed, in accordance with the provisions of the certified local coastal program.

Where the Coastal Commission prepares the legal documents, the city may issue the permit after the thirty day preparation period has expired, or the applicant has signed a document that meets the standards of this section, and the document has been recorded free of prior liens and encumbrances which the executive director determines may affect the interest being conveyed, in accordance with the provisions of the certified local coastal program.

Where revisions are required to meet the standards of this section, the permit shall not be issued until the local government has been notified that all issues of adequacy, uniformity and consistency have been resolved and the document has been recorded free of prior liens and encumbrances, in accordance with the provisions of the certified local coastal program.

Architectural Review. All new condominium hotel developments and/or remodeling or new construction on an existing condominium hotel building shall be subject to the review of the planning commission who may consider the recommendation of any city council appointed advisory committee or commission.

Use Permit Required. All condominium hotel and similar projects as defined in this chapter are subject to the procedural requirements of securing a use permit as set forth in this title.

Subdivision Required. All condominium hotel and similar projects as defined in this chapter are subject to the procedural requirements of a subdivision map as set forth in Title 17, the subdivision ordinance of the Half Moon Bay Municipal Code.

Conditions, Covenants and Conditions. The proposed conditions, covenants and restrictions shall be submitted with the application materials.

Review by City Attorney. Prior to city council action on the final map, the applicant shall submit to the city attorney all documentation required by the State Department of Real Estate.

Building Height. All construction must conform to the building height limitations of the underlying zoning district for the property on which the project is proposed.

Lot Coverage. Unless more restrictive standards are provided for in the development standards for the underlying zoning district in which the project is proposed, the following lot coverage standards shall apply in each case:

Floor Area Ratio. Unless more restrictive standards are provided for in the development standards for the underlying zoning district in which the project is proposed, the maximum floor area ratio shall not exceed 0.5:1 in each case.

Parking Requirements. All parking spaces required by this chapter shall be on the development site.

Landscaping. At least twenty percent of the entire site shall be landscaped.

Sewer Connections.

Minimum Size of Development Site. The minimum size of any site proposed for a condominium hotel or similar use shall be one acre.

No more than twenty-nine days of consecutive occupancy; and

No more than ninety days during any year.

Details of how the rooms will be reserved by the owners and how they will be made available for transient occupancy;

Providing for a manager to be on-site at all times;

Within thirty days of the end of each quarter (every three months) a report shall be filed with the finance director detailing all occupancy by transients and owners, the amount of room rents paid, and evidence that the transient occupancy taxes have been paid as required by this chapter and Chapter 3.12 of the Municipal Code;

A description of the on-going building and grounds maintenance program.