The purpose of this Chapter is to provide for the orderly planning and development of property within the City which is currently exempt from local land use control by virtue of its ownership by the Government of the United States of America but may, at some future date, be removed from federal ownership for private or public development. This chapter creates the Development Reserve (DR) Overlay Zone to act as a holding zone for all lands currently owned by the Federal Government upon removal from federal ownership for private or public development. Upon such removal, this zone shall apply until appropriate land use and zoning classifications have been adopted by the City and certified by the Coastal Commission pursuant to Section 10003 (Amendments) of this Article.

(Ord. 583 § 1 (6), 1992)

The DR (Development Reserve) zone designation becomes immediately effective upon the divestiture of federally owned lands and applies to all such property owned by the Government of the United States of America as of the date of adoption of this Chapter.

(Ord. 583 § 1 (6), 1992)

No property situated within the DR (Development Reserve) Zone may be used or improved by any person, corporation or governmental entity, other than by the Government of the United States of America, without a Development Permit having first been issued therefore by the City pursuant to Section 10352 of this Article. Except as provided below, the procedures specified in Section 10352 shall be the procedures by which Development Permits may be issued pursuant to this Chapter.

A.

Standards of Review. No existing improvements or uses shall be expanded or intensified nor shall any new development be allowed pursuant to this Chapter unless and until a land use and zoning designation for the site has been adopted by the City and certified by the Coastal Commission. Upon certification, no development shall occur unless a Development Permit is first approved and issued by the City; provided, however, that the approving body finds that the proposed use or improvement is consistent with the certified Coastal Land Use Plan and Ordinances; and that the applicant shows that the use(s) or improvement(s) proposed will not be injurious or detrimental to the public health, safety or to property in the vicinity or zone in which the use(s) or improvement will be situated; provided, further, that the Development Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit. In discharging its discretionary powers of approval with respect to said Permits, the City shall evaluate the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately. No Development Permits shall be issued for any use or improvement of property governed by this Chapter which constitutes a change or an intensification of a pre-existing nonconforming use or structure unless such nonconforming use or structure is made to conform with the provisions of Article X of the Port Hueneme Municipal Code or other suitable means of mitigating same are imposed as conditions of approval.

B.

Boundary Changes. Prior to issuance of Development Permits pursuant to this Chapter, land use and zoning classifications shall be adopted by the City pursuant to Municipal Code Section 10004. No Development Permit shall be approved until after certification of land use and zoning classifications. Any Boundary Change approved pursuant to this Chapter which affects the use of any property situated within the California Coastal Zone, as defined by California Public Resources Code Section 30103, shall constitute amendment of the Local Coastal Program of the City of Port Hueneme. No such Boundary Change shall become final until approval is granted in accordance with the provisions of Title 14, Division 20, Article 2, as amended, of the Public Resources Code of the State of California.

C.

Public Hearing. The public hearing required pursuant to Municipal Code Section 10352(F) shall be conducted at the convenience of the City Council and may be continued as the Council deems necessary; provided, however, that if no action is taken within one (1) year of the date of filing pursuant to Municipal Code Section 10352(D), the project shall be deemed to be approved unless a single ninety (90) day extension is granted by mutual consent of the applicant and City. The decision of the City Council made with respect to Development Permits and corresponding Boundary Changes pursuant to this Chapter shall be deemed final and conclusive except where decisions are appealable to the Coastal Commission as provided in Section 10356 of this Article.

(Ord. 583 § 1 (6), 1992)