Sand City City Zoning Code
Division II
Zoning-Related Provisions
§ 18.85.010 Purpose.
The purpose of this chapter is to support the development of affordable housing and encourage infill development on sites identified in the City's 4th and 5th Housing Element Cycles. Only projects that allocate at least 20% of the total units as deed-restricted very low- and low-income housing are eligible for by-right development within this overlay district.
(Ord. 25-05, 9/16/2025)
§ 18.85.020 Applicability.
The Regional Housing Needs Assessment (RHNA) overlay district applies to the site listed in the table below. This site is carried over from the 4th and 5th Housing Element Cycles and is also included in Appendix C of the 6th Cycle Housing Element under the site inventory list.
Table 18.85.020-1: Reused 4th and 5th Cycle Housing Element Cycle Sites | ||||
|---|---|---|---|---|
6th Cycle Housing Element Site Inventory Number | APN Number | General Plan Land Use Designation | Zoning Designation | Permitted Density Under Zoning District |
2 | 011-196-020-000 | MU-D | MU-P | 20-81 du/ac |
(Ord. 25-05, 9/16/2025)
§ 18.85.030 By-Right Development.
The City shall implement by-right development for the site(s) identified in Section 18.85.020 when a developer constructs a project with at least 20% of the units for very low- and low-income households subject to an affordability agreement. Sites are zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20% of the units are affordable to lower income households during the planning period. Pursuant to Government Code Section 65583.2(c), by-right development means that the following are not required for the development:
A.
Conditional use permit;
B.
Planned unit development permit;
C.
Design review other than objective development design Standards; or
(Ord. 25-05, 9/16/2025)
§ 18.86.010 Definitions.
As used in this chapter:
means, in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time share intervals in any time share project.
means all of the real property subject to a project instrument.
means one or more natural persons, corporations, partnerships, associations, trusts, other entities or any combination thereof.
means one or more recordable documents applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy or disposition of an entire project, including any amendments to the documents, but excluding any law, ordinance or governmental regulation.
means any person other than a developer or lender who acquires an interest in a time share interval.
is a right of occupancy in a time share project which is coupled with an estate in the real property.
means any document by whatever name denominated, creating or regulating time share projects, but, excluding any law, ordinance or governmental regulation.
means a time share estate or a time share use.
is one in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided.
is a license, contractual or membership right of occupancy in a time share project which is not coupled with an estate in the real property.
means each portion of the real property or real property improvement in a project which is divided into time share intervals.
(Ord. 83-8 §1)
§ 18.86.020 Limited to Certain District.
Time sharing projects are prohibited in all districts of the City other than designated coastal zone visitor serving residential districts.
(Ord. 83-8 §2)
§ 18.86.030 Coastal Development Permit Required.
A.
Time sharing projects shall be allowed only if a coastal development permit is issued by the City Council. The City Council may enact reasonable standards and guidelines concerning the issuance of such permits, in addition to those standards and guidelines hereinafter set forth, which may be amended from time to time. Such standards and guidelines include, but are not necessarily limited to, those set forth in Sand City's local coastal program and local coastal land use and implementation plans, and may include any information submitted to the department of real estate, and other appropriate information on the property which may be reasonably required due to its proposed use as a time sharing project.
B.
In addition, the City Council, in determining whether, and under what conditions to issue any such permit, among other things may consider the impact of the time sharing project on present and future City services, the desirability of requiring that an office of the developer be located locally or on-site as appropriate, and whether the project will have a significant adverse impact on the health, safety and welfare of the general public.
(Ord. 83-8 §3)
§ 18.86.040 Time Limitation.
No time sharing project shall be allowed unless the units are made available for sale in maximum increments of 31 days and any one purchaser's occupancy of a particular unit is limited to a maximum of 31 consecutive days.
(Ord. 83-8 §4)
§ 18.86.050 Information and Documentation.
The applicant shall provide the City Council with at least the following information as part of their application for a coastal development permit:
A.
The legal description, street address, or other description sufficient to identify the time share estate property.
B.
Identification of time share intervals by name, street address, time periods, type of units, or combination thereof, identification of the units that are in the time sharing project and the length of time that each of the units are committed to the time sharing project, and the method whereby additional time share intervals may be created, deleted, or substituted.
C.
The formula, fraction or percentage of the common expenses and any voting rights assigned to each time share interval and, where applicable, to each unit in a project that is not subject to the time share project.
D.
Any restrictions on the use, occupancy, alteration or alienation of time share intervals, including identification of the deed restrictions or contractual restrictions to be contained in the project instrument and to be enforceable against all present and future time share unit purchasers.
E.
A completed coastal development permit application with any required maps and studies.
F.
A copy of any material submitted to the department of real estate for certification.
G.
A description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the time sharing project.
H.
A description of the method proposed to be employed to guarantee that the City is promptly notified of such things as the identity of the purchasers, the purchase price paid, the portion, unit or interest acquired, and the amounts of any and all maintenance fees, management fees, operations fees or other such fees.
I.
Any other matters the developer or City Council deems reasonably necessary to consideration of the time share project application including any required environmental documents.
(Ord. 83-8 §5)
§ 18.86.060 Transient Lodging Tax.
A.
All time sharing projects shall be subject to a transient lodging tax in an amount hereafter specified: An 8% transient lodging tax is to be imposed upon the gross receipts from the occupancy of lodging facilities. For purposes of the applicability of the transient lodging tax to time sharing projects, the "gross receipts" deemed payable on account of time share occupancy by a transient shall be the "rental value" of the unit which accommodated such occupancy, which "rental value" shall be computed by determining the pro rata share of the total purchase price of the time share interval (whether or not involving an estate or any ownership in real property), which share is allocable to the period of transient occupancy currently involved, and adding thereto the total applicable operating costs, including, but not limited to, the applicable real and personal property taxes, plus the total amount of any and all fees, assessments, charges and expenses (not including the previously referred to taxes) charged by the operator as attributable to the time share occupancy of the transient by whatever name such fees, assessments, charges or expenses may be denominated, whether "occupying fee," "maintenance or operations charge," "per diem fee," "management fee," or like name or otherwise. In making the computation referred to above of the pro rata share of the total purchase price, in any case wherein the time share right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable term, such proration shall be made upon an assumed term of 40 years.
B.
Each developer shall establish a homeowners association whose responsibility it will be to collect the transient lodging tax and pay such tax moneys to the City Treasurer. The amount of tax shall be separately stated from the purchase price or other occupying fee, managing fee, or other such fee charged on all receipts, and each purchaser shall receive a receipt for all such payments from the homeowners association.
C.
Each homeowners association shall, on or before the tenth day of each month or at the close of any different reporting period which may be established by the City Treasurer, make a return to the City Treasurer, of the gross receipts charged, received, or allocable to the period of transient occupancy currently involved, and the amount of tax collected for transient occupancies during the month or other reporting period immediately preceding. At the time the return is filed, the full amount of tax collected shall be remitted to the City Treasurer. The City Treasurer may establish shorter reporting periods for any homeowners association if the City Treasurer deems it necessary in order to insure collection of the tax, and he or she may require further information in the return.
D.
It shall be the duty of every homeowners association responsible for the collection and payment to the City of any tax imposed by this chapter to keep and preserve for a period of at least three years, all such records as may be necessary to determine the amount of tax. The City Treasurer or his/her nominee shall have the right to inspect such records at any reasonable time and place, which records are to be available for inspection within the City boundaries.
E.
Revenue generated from the transient lodging tax shall be of unrestricted use to the City and placed in the City's general fund.
(Ord. 83-8 §6)
§ 18.86.070 Additional Information.
The City Council may impose such additional conditions on its issuance of a time sharing project coastal development permit as it may deem necessary to protect the public's health, safety and welfare, and may request additional information as a condition of project approval.
(Ord. 83-8 §7)
§ 18.88.000 Statutory Authorization, Findings of Fact, Purpose and Methods.
A.
Statutory Authorization. Government Code Sections 65302, 65560, and 65800 confer upon local government authority to adopt regulations designed to promote the public health, safety, and general welfare. The City Council of the City of Sand City does hereby adopt the following floodplain management regulations to provide the public health and safety.
B.
Purpose.
1.
Limited areas of the City are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
2.
These potential flood losses may be caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to potential flood loss.
3.
It is the purpose of these regulations to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
a.
Protect human life and health;
b.
Minimize expenditure of public money for costly flood control projects;
c.
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
d.
Minimize prolonged business interruptions;
e.
Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
f.
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
g.
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
h.
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
4.
In order to accomplish its purposes, these regulations include methods and provisions to:
a.
Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
b.
Require that uses susceptible to flooding, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
c.
Control filling, grading, dredging, and other development which may increase flood damage potential; and
d.
Prevent or regulate the construction of flood barriers which could artificially divert floodwaters or which may increase flood hazards in other areas.
(Ord. 96-01)
§ 18.88.010 Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage. The following are as they relate to these flood prevention acquisitions.
means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.
means an AO or AH Zone designated on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
—See "Special flood hazard area."
is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).
means a flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.
means any area of a building having its floor subgrade—i.e., below ground level—on all sides.
is any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which it is used or any building to which it might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
—see "Structure."
means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along the coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high-velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on the Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.
means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by Sand City.
means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
means:
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and
The condition resulting from flood-related erosion—see "Flood-related erosion."
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Sand City. The FIRM map for Sand City is shown as Exhibit A.
means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
means any land area susceptible to being inundated by water from any source—see "Flooding."
is the individual appointed to administer and enforce the floodplain management regulations.
means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
means the flood protection regulations of Chapter 18.88 of the Municipal Code.
means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.)
means the collapse or subsidence of land along the shore as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.
means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.
as related to Section 18.88.130, Exceptions, of this chapter, means that the near exception granted must not cause fraud on or victimization, of the public. In examining this requirement, the City of Sand City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
means the City of Sand City which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare.
as related to Section 18.88.130, Exceptions, of this chapter means that exceptional hardship would result from a failure to grant the requested exception. The City of Sand City requires that the exception be unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
means any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the U. S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.
means a person-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (see "Basement") is not considered a building's lowest floor, provided it conforms to applicable non-elevation design requirements, including, but not limited to: (1) the wet floodproofing standard in Section 18.88.090; (2) the anchoring standards in Section 18.88.090; (3) the construction materials and methods standards in Section 18.88.090; and (4) the standards for utilities in Sections 18.88.090 and 18.88.110.
For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report by an independent professional appraiser and supported by a written explanation of the differences.
means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the Flood Insurance Rate Map (FIRM) are referenced.
for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations of the City, and includes any subsequent improvements to such structures.
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.
shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report by an independent professional appraiser and supported by a written explanation of the differences.
includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, snare or collect debris carried by the flow of water, or is likely to be carried downstream.
or "100-year flood"—see "Base flood."
means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
means a structure used for the principal use of the property as distinguished from an accessory use.
as related to Section 18.88.130, Variances, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community, neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable waterway.
means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
means the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
means to bring a structure or other development into compliance with these regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Methods that impacts may be reduced include protecting a structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
—see "Area of shallow flooding."
means an area having special flood, or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, E, M, V1-V30, VE or V.
includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the Sand City code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a historic structure.
means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
—see "Coastal high hazard area."
means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified), of floods of various magnitudes and frequencies in the floodplains within Sand City.
means a lake, river, creek, stream, wash, arroyo, channel, wave run-up area or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
(Ord. 00-03; Ord. 17-04 §25)
§ 18.88.020 Enforcement.
A.
Designation of Floodplain Administrator. The Community Development Director is hereby designated to administer, implement, and enforce these regulations by granting or denying development permits in accordance with these provisions.
The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of these regulations.
B.
Police Department. The police department of the City is authorized and directed to enforce all the provisions of this chapter.
C.
Compliance. No structure shall hereafter be constructed, located, extended, converted, or altered without full compliance with these regulations. Violation of these requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any such violation.
E.
Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the City of Sand City, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder.
F.
Severability. These regulations and the various parts thereof are hereby declared to be severable. Should any section of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole or any portion thereof, other than the section so declared to be unconstitutional or invalid.
(Ord. 83-2 §1; Ord. 85-6 §1; Ord. 96-01)
§ 18.88.030 Duties and Responsibilities of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, those listed in Section 18.88.060.
(Ord. 96-01)
§ 18.88.040 Official Map.
A.
Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazards within the jurisdiction of the City of Sand City.
B.
Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated June 3, 1986 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated June 3, 1986, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of these regulations. This FIS and attendant mapping is the minimum area of applicability of these regulations and may be supplemented by studies for other areas which allow implementation of these regulations and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at the City Hall.
(Ord. 83-2 §3; Ord. 85-6 §3; Ord. 96-01)
§ 18.88.050 Permits.
Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 18.88.040. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and shall include the following information.
A.
A site plan, including, but not limited to:
1.
For all proposed structures, spot ground elevations at building corners and 20 foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site; and
2.
Proposed locations of water supply, sanitary sewer, and utilities; and
3.
If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and
4.
If applicable, the location of the regulatory floodway; and
B.
Foundation design detail, including, but not limited to:
1.
Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; and
2.
For a crawl-space foundation, location and total net area of foundation openings as required in this chapter and FEMA Technical Bulletins 1-93 and 7-93; and
3.
For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95% using the Standard Proctor method); and
C.
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 18.88.070(C)(3) of this chapter and FEMA Technical Bulletin TB3-93; and
D.
All appropriate certifications listed in Section 18.88.060(D) of these regulations; and
E.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
F.
Application. To obtain a permit, the applicant shall first file an application on a form furnished for that purpose. Every application shall:
1.
Identify and describe the work to be covered by the permit for which application is made;
2.
Describe the land on which the proposed work is to be performed done by lot, block, tract and house and street address, or similar description that will readily identify and locate the proposed building or work;
3.
Indicate the use for which the proposed work is intended;
4.
Be accompanied by plans and specifications for proposed construction;
5.
Be assigned by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority;
6.
Within designated flood prone areas, be accompanied by elevations (in relation to mean sea level) of the lowest floor elevation (including basement) or in the case of floodproofed nonresidential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the City Engineer;
7.
Give such other information as reasonably may be required by the City Engineer.
(Ord. 83-2 §4; Ord. 85-6 §4; Ord. 96-01; Ord. 00-03)
§ 18.88.060 Development Permit Application Review.
The Planning Department shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law.
A.
Application Review. All development permit applications shall be reviewed to determine that:
1.
Permit requirements of these regulations have been satisfied;
2.
All other required state and federal permits have been obtained;
3.
The site is reasonably safe from flooding; and
4.
The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of these regulations, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
B.
Review and Use of Any Other Base Flood Data.
1.
When base flood elevation data has not been provided in accordance with Section 18.88.040(B), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source in order to administer Section 18.88.070. Any such information shall then be submitted to the City for adoption.
2.
If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Section 18.88.070:
a.
Simplified method: 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and the base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b.
Detailed method: 100-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.
C.
Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
2.
Certification required by Section 18.88.070(C)(2) (elevation or floodproofing of nonresidential structures);
3.
Certification required by Sections 18.88.070(C)(3) (wet floodproofing standard);
4.
Certification of elevation required by Section 18.88.080(B) (subdivision standards);
5.
Certification required by Section 18.88.120(A)(1) (floodway encroachments); and
6.
Information required by Section 18.88.120(B)(6) (coastal construction standards).
D.
Map Determinations. Interpretations as to the exact location of the boundaries of the areas of special flood hazard shall be made by the Floodplain Administrator. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection F, below.
E.
Remedial Action. Violations of this chapter shall be remedied as specified in Section 18.88.020(C).
F.
Appeals. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of these regulations.
(Ord. 83-2 §5; Ord. 85-6 §5; Ord. 96-01; Ord. 00-03)
§ 18.88.070 Requirements.
Provisions for Flood Hazard Reduction—Standards of Construction. In all areas of special flood hazards the following standards are required:
A.
Anchoring.
1.
All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B.
Construction Materials and Methods. All new construction and substantial improvement shall be constructed:
1.
With flood-resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;
2.
Using methods and practices that minimize flood damage;
3.
With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
C.
Elevation and Floodproofing. (See Section 18.88.010, definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")
1.
Residential construction, new or substantial improvement, shall have the lowest floor, including basement:
a.
In all zones, the lowest floor is to be elevated at least one foot above the base flood elevation. (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation.)
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. |
2.
Nonresidential construction shall either be elevated to conform with Section 18.88.070(C)(1) or together with attendant utility and sanitary facilities:
a.
Be floodproofed below the elevation recommended under Section 18.88.070(C)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;
b.
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c.
Be certified by a registered professional engineer or architect that the standards of this section (18.88.070(C)(2)) are satisfied. Such certification shall be provided to the Floodplain Administrator.
3.
All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93 and must exceed the following minimum criteria:
a.
Be certified by a registered professional engineer or architect; or
b.
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or
c.
Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
(Ord. 96-01; Ord. 00-03)
§ 18.88.080 Standards for Subdivisions.
A.
All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.
B.
All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
C.
All subdivision proposals shall be consistent with the need to minimize flood damage.
D.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
E.
All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. 83-2 §7; Ord. 85-6 §7; Ord. 96-01; Ord. 00-03)
§ 18.88.090 Standards for Manufactured Homes.
A.
All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the Flood Insurance Rate Map, on sites located:
1.
Outside of a manufactured home park or subdivision;
2.
In a new manufactured home park or subdivision;
3.
In an expansion to an existing manufactured home park or subdivision; or
4.
In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one foot above the base flood elevation (the State of California recommends at least two feet above the base flood elevation) and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.
B.
All manufactured homes that are placed or substantially improved on sites located within Zones V1-30, V, and VE on the Flood Insurance Rate Map will meet the requirements of Section 18.88.090(A) and Section 18.88.120(B).
C.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zone V1-30 on the Flood Insurance Rate Map that are not subject to the provisions of Section 18.88.090(A) will be elevated so that either the:
1.
Lowest floor of the manufactured home is at least one foot above the base flood elevation (the State of California recommends at least two feet above the base flood elevation); or
2.
Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the City building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. |
(Ord. 96-01; Ord. 00-03)
§ 18.88.100 Standards for Recreational Vehicles.
A.
All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map must:
1.
Be on the site for fewer than 180 consecutive days; and
2.
Be fully licensed and ready for highway use—a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
3.
Meet the permit requirements of Section 18.88.050 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 18.88.090(A).
B.
Recreation vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section 18.88.100(A) and Section 18.88.120(B).
(Ord. 96-01)
§ 18.88.110 New and Replacement Water and Sewer Systems.
§ 18.88.120 Alteration or Relocation of Watercourse-Notification.
The City will insure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. The City will notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the administrator. Moreover, the City will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973.
A.
Floodways. Located within areas of special flood hazard established in Section 18.88.040(B) are areas designated as floodways. All such areas are located west of Highway 1. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1.
Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.
B.
Coastal High Hazard Areas. Within coastal high hazard areas as established under Section 18.88.040(B), the following standards shall apply.
1.
All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated one foot above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or city building standards.
2.
All new construction and other development shall be located on the landward side of the reach of mean high tide.
3.
All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 18.88.010 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
4.
Fill shall not be used for structural support of buildings.
5.
Alteration of sand dunes which would increase potential flood damage is prohibited.
6.
The Floodplain Administrator shall obtain and maintain the following records:
a.
Certification by a registered engineer or architect that a proposed structure complies with Section 18.88.120(B)(1).
b.
The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
C.
Flood-Related Erosion-Prone Areas.
1.
The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.
2.
Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
3.
If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
4.
A setback is required for all new development from Monterey Bay to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated 50 year economic life of structures, and depending upon the geologic, hydrologic, and topographic characteristics of the land. The buffer may be used for suitable open space purposes, such as for outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.
(Ord. 83-2 §9; Ord. 85-6 §9; Ord. 87-07; Ord. 96-01)
§ 18.88.130 Exceptions.
A.
Nature of Exceptions. The exception criteria set forth in this section are based on the general principle of zoning law that variances pertain to special property characteristics and are not personal in nature. An exception may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of these regulations would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City of Sand City to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that exceptions from the flood elevation or from other requirements in this chapter are quite rare.
B.
"Exception" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
C.
Appeal Board.
1.
In passing upon requests for exceptions, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
a.
Danger that materials may be swept onto other lands to the injury of others;
b.
Danger of life and property due to flooding or erosion damage;
c.
Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
d.
Importance of the services provided by the proposed facility to the community;
e.
Necessity to the facility of a waterfront location, where applicable;
f.
Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g.
Compatibility of the proposed use with existing and anticipated development;
h.
Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i.
Safety of access to the property in time of flood for ordinary and emergency vehicles;
j.
Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
k.
Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
2.
Any applicant to whom an exception is granted shall be given written notice over the signature of the floodplain administrator that:
3.
The Floodplain Administrator will maintain a record of all exception actions, including justification for their issuance, and report such exceptions issued in its biennial report submitted to the Federal Insurance Administration of the Federal Emergency Management Agency.
D.
Conditions for Exceptions.
1.
Generally, exceptions may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 18.88.050 through 18.88.120 of this chapter have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the exception increases.
2.
Exceptions may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 18.88.010 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the exception is the minimum necessary to preserve the historic character and design of the structure.
3.
Exceptions shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
4.
Exceptions shall only be issued upon a determination that the exception is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of these regulations. For example, in the case of exceptions to an elevation requirement, this means the City of Sand City need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City believes will both provide relief and preserve the integrity of these regulations.
5.
Exceptions shall only be issued upon:
a.
Showing of good and sufficient cause;
b.
Determination that failure to grant the exception would result in exceptional "hardship" (as defined in Section 18.88.010 of this chapter) to the applicant; and
c.
Determination that the granting of an exception will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create a nuisance (see "public safety or nuisance" as defined in Section 18.88.010), cause fraud or victimization (as defined in Section 18.88.010) of the public, or conflict with existing local laws or ordinances.
6.
Exceptions may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Section 18.88.130(C)(1) through (C)(5) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
7.
Upon consideration of the factors of Section 18.88.130(B)(3) and the purposes of this chapter, the City may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this chapter.
(Ord. 87-07; Ord. 96-01)
§ 18.88.140 Conflicting Ordinances-Precedence-Amendments.
The ordinance codified in this chapter shall take precedence over conflicting ordinances or parts of ordinances. The City Council may, from time to time, amend the ordinance codified in this chapter to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this chapter are in compliance with the National Flood Insurance Program Regulation as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976.
(Ord. 83-2 §10; Ord. 85-6 §10; Ord. 87-07; Ord. 96-01)
§ 18.90.010 Purpose and Intent.
A.
The ordinance codified in this chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code.
B.
The City Council finds and declares that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
C.
The City Council further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
D.
The City Council further finds that surface mining takes place in diverse areas where the geologic, topographic, biological and social conditions may be significantly different and that reclamation operations and the specifications therefor may vary accordingly.
E.
The Council further finds that the sand found within the City is unique and suitable for a coastal dependent industry.
(Ord. 84-3 §011)
§ 18.90.020 Definitions.
For the purpose of this chapter, the following words shall have the following meanings:
means a permit for any development within the coastal zone as set forth in Title 18 of this code.
"Expansion of existing surf zone mining operations" means a significant increase in dragline capacity through multiple draglines, larger buckets or change in dragline location.
means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.
means the adopted Local Coastal Land Use and Implementation Plan for the City as certified by the California Coastal Commission.
means and includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.
means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.
means and includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operation.
means any person who is engaged in surface mining operations him or herself, or who contracts with others to conduct operations on his or her behalf.
means soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.
means any formal authorization from, or approved by, the City, the absence of which would preclude surface mining operations.
means any individual, firm, association, corporation, organization or partnership, or any city, county, district, or the state or any department or agency thereof.
means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.
means the State Mining and Geology Board, in the Department of Conservation, State of California.
means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.
means existing and proposed stockpiled areas of harvested, processed sand whose removal will not impact a natural dune formation, and is located in areas designated for such sand on a map approved by the City consistent with Local Coastal Land Use Plan policies.
means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, openpit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:
(Ord. 84-3 §012)
§ 18.90.030 Scope.
A.
The provisions of this chapter shall apply to the incorporated areas of the City.
B.
The provisions of this chapter are not applicable to:
1.
Excavations or grading conducted for on-site construction or for the purpose of restoring land following a natural disaster;
2.
Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one location of one acre or less;
3.
Road clearing and removal of stockpile sand;
4.
Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores and overburden, or involve more than one acre in any one location;
5.
Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose;
6.
Such other mining operations that the City determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified (no such identification made as of the effective date of the regulations codified in this chapter) by the State Board pursuant to Section 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975.
(Ord. 84-3 §013)
§ 18.90.040 Permit-Reclamation Plan-Reporting Requirements.
A.
Any person, except as provided in Section 2776, California Surface Mining and Reclamation Act of 1975, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations, obtain:
1.
A permit to mine; and
2.
Approval of a reclamation plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975.
A fee as established for the permitted uses in the City fee ordinance, shall be paid to the City at City Hall at the time of filing. | |
All applications for a reclamation plan for surface mining operations shall be made on forms provided at Sand City Hall and as called for by Section 2772 of California Surface Mining and Reclamation Act of 1975. |
B.
No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues; provided, that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he or she has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced and continued surface mining operations.
A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the City Hall and receive within a period of two years or a time period as determined by the Planning Director, approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the City prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.
C.
The State Geologist shall be notified of the filing of all permit applications.
D.
This chapter shall be continuously reviewed and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation.
E.
New surf zone mining or expansion of existing surf zone sand mining shall be allowed only pursuant to approval of a coastal permit, mining permit and a reclamation plan.
F.
The City shall also establish a method of monitoring shoreline erosion along the City coast for the purpose of analyzing future mining proposals. This method shall consist of the submission by sand mining operations, on an annual basis, of meaningful information on shoreline retreat by way of a benchmark program or other equally effective measurement. In order to establish reference base data for the purpose of monitoring shoreline erosion it is required that all operators of existing mining operations submit to the planning department a brief written statement specifying the approximate annual volume of sand being removed and a topographic map, at a scale of one inch equals 100 feet, with two foot contour intervals. All elevations on said map shall be based on city data. Said maps may also be prepared by a licensed surveyor or civil engineer. All areas being mined shall be clearly and accurately outlined on said topographic map. The information specified above shall be certified for accuracy and be submitted by the operator to the City.
1.
Initial Submittal. Initial submittal of the reference base data shall be completed by existing operators within six months from the effective date of the ordinance codified in this chapter.
2.
Subsequent Resubmittal. Updated reference base data shall be resubmitted to the planning department by January 1, 1985, and every January 1st thereafter.
3.
New Mining Operations. New mining operations will be required to submit reference base data concurrent with the application for a mining permit and reclamation plan approval and shall also be required to resubmit updated reference base data every January 1st thereafter.
G.
Development of dune management programs shall be required as part of reclamation plans.
(Ord. 84-3 §014)
§ 18.90.050 Review Procedure.
The City Council shall review the permit application and the reclamation plan and shall schedule a public hearing within 30 days of the filing of both the permit application and the reclamation plan. Such public hearing shall be held by the Council for the purpose of consideration of the issuance of a permit for the proposed surface mining operation.
The City Council retains the right subsequent to mining permit review and/or reclamation plan review to modify the terms of any mining permit and/or reclamation plan to assure continuing compliance with the local coastal program. Furthermore, the City Council may consider and approve modifications of any mining permits and/or reclamation plans so long as it finds that any such modification is in compliance with the local coastal program and any approved reclamation plan.
The City shall not approve or renew a coastal permit for new or expanded surf zone sand mining if it finds that such new or expanded sand mining, either individually or cumulatively, will have significant adverse impacts on shoreline erosion. Such determination shall be made upon consideration of the results of the continuing shoreline erosion monitoring program, available evidence on the impact of surf zone sand mining on coastal erosion, and other relevant social, economic, environmental and technological factors.
(Ord. 84-3 §015)
§ 18.90.060 Responsibility for Reclamation-Guarantees.
The reclamation plan shall state that the operator, applicant, and permittee guarantee and accept responsibility for all reclamation work for the life of the surface mining operation and for a period of two years after completion of such operation or such greater period as may be determined necessary to assure the permanence of physical reclamation features.
(Ord. 84-3 §016)
§ 18.90.070 Public Records.
Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the City that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The City shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the district geologist of the State Division of Mines and Geology by the City. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778, California Surface Mining and Reclamation Act of 1975.
(Ord. 84-3 §017)
§ 18.90.080 Periodic Review.
As a condition of approval for the permit or the reclamation plan, or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and the reclamation plan and the City's local coastal program.
(Ord. 84-3 §018)
§ 18.90.090 Amendments to Reclamation Plan.
Amendments to an approved reclamation plan may be submitted to the City at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the City.
(Ord. 84-3 §019)
§ 18.90.100 Variances.
Variances from an approved reclamation plan may be allowed upon request of the operator and applicant, and upon a finding by the City Council that each requested variance is necessary to achieve the prescribed or higher post-mining use of the reclaimed land and is consistent with the City local coastal program if property is located within the coastal zone.
(Ord. 84-3 §020)
§ 18.90.110 Enforcement.
The provisions of this chapter shall be enforced by the City Council or such other persons as may be designated by the City Council.
(Ord. 84-3 §021)
§ 18.92.010 Purpose and Authorization.
The purpose of a temporary use permit (TUP) is to allow the temporary use of land, in its existing condition, that would otherwise require a conditional use permit. Temporary use permits shall not be granted or issued for the purpose of construction or development, nor for land uses that are determined by the City Planner to be a potential nuisance and/or detriment to the health, safety, and/or welfare of the general public that cannot be sufficiently mitigated. Temporary use permits shall not be issued for properties with a coastal zone overlay. Temporary use permits shall be issued for a specified period of time of up to, but not exceeding, 60 consecutive days, at the discretion of the City Planner. The City Planner of the City of Sand City is authorized to issue temporary use permits necessary to carry out the purposes of this chapter.
(Ord. 16-01 §6)
§ 18.92.020 Issuance.
An issued temporary use permit shall be in writing in a form prescribed by the City Planner, stating the authorized use, the property that use is allowed upon, the effective dates that permit commences and expires, for a period of time not exceeding 60 consecutive days, and include the City Planner's signature signifying issuance of the temporary use permit. The City Planner may incorporate terms and conditions into a temporary use permit restricting that use authorized by a temporary use permit for the purpose of mitigating potentially negative, blighting, or hazardous impacts to the general public.
A.
An application for a temporary use permit must, at a minimum, satisfy the following conditions in order for a temporary use permit to be issued by the City Planner.
1.
The proposed use will not adversely affect adjacent structures and uses or the surrounding neighborhood.
2.
The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic within public rights-of-way and/or access to private property.
4.
The proposed use will not constitute a public nuisance or be detrimental to the public welfare of the community.
B.
A temporary use permit may not be renewed or extended beyond its expiration of the initial 60 consecutive day period for the same land use at the same location. However, a temporary use permit may be issued for the same land use at the same location no earlier than 10 months after expiration of the previous temporary use permit for that use at that location.
(Ord. 16-01 §6)
§ 18.92.030 Expiration.
The active period of time for a temporary use permit shall be subject to the City Planner's discretion and specified on the issued temporary use permit with a start date and an expiration date, but that period of time shall not exceed 60 consecutive days. A temporary use permit may not be extended beyond the initial 60 day period. Any temporary use issued a temporary use permit shall cease and desist all activity after the 60 day period, whereby continuation of a temporary use thereafter shall first require a conditional use permit.
(Ord. 16-01 §6)
§ 18.92.040 Relevance in Consideration of Formal Permit.
The issuance by the City Planner of a temporary use permit shall only be a convenience to the applicant, and shall have no bearing whatsoever on any City Council consideration of any other land use entitlement permit application.
(Ord. 16-01 §6)
§ 18.92.050 Application.
Any person desiring a temporary use permit shall submit a written application to the City Planner, in such form as the City Planner may prescribe, setting forth such information as the City Planner may reasonably require to secure the purposes of this chapter.
(Ord. 16-01 §6)
§ 18.92.060 Fee.
Application fees for a temporary use permit review shall be set by City Council resolution. An application for a temporary use permit shall not be deemed complete until the application fee is paid in full, except when the City Planner allows for postponement or waiver of those fees.
(Ord. 16-01 §6)
§ 18.92.070 Suspension, Appeal, or Revocation.
The City Planner may suspend and/or revoke any temporary use permit issued pursuant to this chapter, if the City Planner discovers that the applicant is using the subject property for purposes other than those recited in the application for the issued temporary use permit or that the applicant has misrepresented any material fact in the application. Furthermore, any temporary use permit that has been issued by the City Planner may be appealed to the City Council. An appeal must be submitted in writing to the City, stating the reason(s) for the appeal and why the Council should suspend and revoke the temporary use permit. The City Council may discretionarily revoke any temporary use permit upon their consideration of an appeal. If a temporary use permit is suspended or revoked by the City Council, the use on the subject property as stated on the suspended or revoked temporary use permit shall cease and desist or face penalties specified in the City's Municipal Code.
(Ord. 16-01 §6)
§ 18.94.010 Findings.
The City Council of Sand City, State of California, has adopted a zoning ordinance under the provisions of which precise zoning regulations may be applied to any area within the boundaries of the City. The City Council finds:
A.
That the existing zoning ordinance as amended does not provide a comprehensive scheme under which use permits may be granted for activities involving the assemblage within the boundaries of the City of large numbers of persons.
B.
That zoning studies are being conducted by the City Council concerning the use of land and structures thereon for activities involving the assemblage of large numbers of persons.
C.
That the uses hereinafter prohibited may be in conflict with the contemplated zoning proposals which the City Council are considering.
D.
That the assembling of large numbers of people creates problems seriously affecting the public safety, health and welfare.
E.
That due to the necessity for detailed and careful study of regulations governing activities involving the assemblage of large numbers of people considerable time necessarily will elapse before the adoption of such regulations and plan.
F.
That due to mandatory notices and public hearings necessary for the adoption of precise regulations considerable time will elapse before such adoption.
G.
That the regulations set out in this chapter are of an interim or urgency nature and are necessary to be adopted at this time in order to protect the public safety, health and welfare.
(Ord. 70-66 §1)
§ 18.94.020 Terms Defined.
As used in this chapter, unless otherwise apparent from the context, words used in the present tense include the future as well as the present, words in the masculine gender include the feminine and neuter and the singular number includes the plural, and the plural the singular.
(Ord. 70-66 §2)
§ 18.94.030 Permit Requirements.
A.
No person, firm or corporation shall hereafter, within the boundaries of the City, use or conspire to use any land or erect, construct, or use or conspire to erect, construct or use, any building, structure or enclosure for any activity involving the assemblage, at any one time of more than 100 people, including, but not limited to, concerts, circuses, carnivals, festivals and races, unless and until a special permit therefor shall have been first secured.
B.
Application for such special permit shall be made to the City Council and such council shall have the power to hear and decide applications for, and to issue or deny special permits.
C.
In order to grant any special permit, the findings of the City Council shall be that the establishment, maintenance or operation of the use or building applied for will not under the circumstances of the particular case, be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the area affected by such proposed use or be detrimental or injurious to property and improvements in the area affected by such proposed use or to the general welfare of the City. In this regard, the City Council shall require a showing to be made on the part of the applicant as follows:
1.
That through the sale of tickets or other means, the approximate size of the assemblage can be estimated with reasonable certainty so that the adequacy of measures to insure the public safety, health, and welfare, can be determined;
2.
That adequate bathroom facilities will be provided in accordance with recommendations of the Monterey County Health Department;
3.
That adequate provision has been made for the supplying of potable water in accordance with the recommendations of the Monterey County Health Department;
4.
That adequate parking space will be available allowing adequate access to the scheduled activity;
5.
That adequate provision has been made for the collection and disposal of all waste material resulting from the scheduled activity;
6.
That adequate provision has been made for cleaning up after the scheduled activity and for restoring the area to its previous condition;
7.
That the serving of any food or beverage in connection with the scheduled activity is in accordance with the recommendations of the Monterey County Health Department;
8.
That provision has been made for adequate law enforcement of the scheduled activity when it appears that due to the number of persons in attendance, the resources of the Sand City police department may be insufficient to provide proper police protection;
9.
That adequate provision has been made to insure the protection of any plant and animal life within the boundaries of the City that might be endangered by the sudden influx of large numbers of persons;
10.
That adequate provision has been made to insure the protection and preservation of any private property within the boundaries of the City that might be endangered by the sudden influx of large numbers of persons.
D.
The City Council may designate such conditions in connection with the special permit as it deems necessary to secure the purposes of this chapter. The City Council may also require such bond and guarantees be obtained by the applicant or by the owner of any property used in connection with the uses specified herein as it deems appropriate to assure the compliance with the conditions.
(Ord. 70-66 §3)
§ 18.94.040 Enforcement.
A.
It shall be the duty of all officers and employees of the City charged by law with the enforcement of ordinances of the county to enforce all of the provisions of this chapter. Any person, firm or corporation, whether as principal agent, employee or otherwise violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500, or by imprisonment in the County jail for a term not exceeding six months or by both such fine and imprisonment. Such persons, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed by such person, firm or corporation and shall be punishable as herein provided.
B.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any land, building or premises established, conducted, operated, used or maintained contrary to the provisions of this chapter shall be, and the same is declared to be unlawful and a public nuisance and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 70-66 §4)
§ 18.96.010 Definitions.
For the purpose of this Trip Reduction Ordinance (hereafter referred to as "TRO"), the following words and phrases are defined and explained:
means any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, public transit, bicycling, walking or alternative methods such as telecommuting.
means any new development that is determined to meet or exceed the 50 employee threshold or any existing development that applies to increase its floor areas by 25,000 gross square feet. Applicable developments include complexes exceeding the 50 employee threshold and residential developments with 25 or more units. To determine the number of employees, the chart in this subsection is used. For purposes of determining whether a new or expanding employer is subject to this chapter, the total employment figure will be determined by the jurisdiction as follows:
Employment projections developed by the project applicant, subject to approval by the TRO Program Manager; or
Employment projections provided to sewer and water agencies in connection with the new or expanded use; or
The following employee generation factors by type of use:
Category | No. of Employees |
|---|---|
Commercial (Regional, Community or Neighborhood) | 1/500 gross square feet |
Office/Professional | 1/250 gross square feet |
Industrial | 1/525 gross square feet |
Hotel/Motel room | 0.8 per room |
Mixed Use | Sum of individual figures for each use |
Restaurant | 1 per 10 seats |
Hospital/Other Medical | 1 per 4 beds |
(Locally generated using springtime [May-Sept.] figures may be substituted once collected and approved by TAMC.) |
means the figure derived by dividing the number of employees (including those telecommuting) at a regulated work site who commute to and from work between 6:00 a.m. to 10:00 a.m. Monday through Friday, by the number of vehicles driven by these employees between home and the work site over that five day period. The methodology for calculating AVR is contained in Appendix 2.
means a heavy duty vehicle occupied by at least 16 passengers and the routing/scheduling for which is arranged between employer(s) and transit operators.
is a light duty motor vehicle occupied by at least two but not more than six employees traveling together.
means a developer of a commercial project that falls under the definition of "applicable development" above.
means any business park, shopping center, or mixed use development in separate or common ownership, which can be identified by two or more of the following characteristics:
It is known by a common name given to the project by its developer.
It is governed by a common set of covenants, conditions, and restrictions.
It was approved, or is to be approved as an entity by Sand City.
It is covered by a single tentative or final subdivision map or has been represented to Sand City as a single site and development.
It is located on a single assessor's parcel.
At the discretion of Sand City, a complex may also include the Central Business district and/or strip commercial areas. |
is the County-wide program developed in accordance with California Government Code Sections 65088 et seq., requiring local jurisdictions and Congestion Management Agencies to adopt and implement a trip reduction and travel demand element. The CMP law also requires designation of a CMP principal arterial network, a transit network, a land use impact analysis program, a deficiency plan and level of service monitoring system, and a seven year capital improvement program.
means the individual or company who is responsible for the planning, design, and/or construction of an applicable development project. The developer is the individual who signs all permit applications on behalf of the property owner.
means the total of all buildings, structures and grounds that encompass a development site, at either single or multiple locations, that comprise or are associated with an applicable development project.
means the program included in the 1991 Air Quality Management Plan for North Central Coast Air Basin to reduce emissions from indirect sources (land uses which generate vehicle trips).
means any development projects that combine residential with any one of these land uses; day care, office, commercial, light industrial, retail, and business park.
(MBUAPCD) is the regional governmental body responsible for the development and enforcement of regulations for control of air pollution within the counties of Monterey, Santa Cruz and San Benito.
means a parking lot located near residential communities or along highways which is served by a transit route or can be used by commuters as a staging area for carpool formation or for catching a bus. (A park-and-ride lot may also be used by visitors as a staging area for tourist shuttle buses.) Parking is free for commuters or visitors using a park-and-ride lot.
means an employer funded, tax deductible program where employers provide a cash allowance to an employee equivalent to the parking subsidy the employer would otherwise provide. Cities and counties are required to grant appropriate parking requirement reductions for developments that implement parking cash-out programs.
means comprehensive management of the location, cost and availability of parking to effect changes in travel behavior, trips generated, and mode used. Parking management can involve:
Charging for employee parking;
Providing an employee transportation monetary allowance for use in paying for a bus pass or other alternative commute mode;
Charging for a parking space;
Offering preferential, priority or reserved free parking for those employees who use alternative modes; or
Changing time limits for parking lot or street parking to reduce employee parkers.
shall mean an individual, group or designee responsible for the development of single-family or multiple family housing units in which 25 or more housing units will be constructed as a part of a single application.
means a precise plan of development that may be subject to public hearing before the Planning Commission, or that may or may not be subject to a discretionary permit.
means a seasonal, recurring activity or a singular event which attracts both residents and non-residents to a facility for recreational or other activities.
means a method of conducting work without leaving one's residence and thereby eliminating the commute round trip.
means a development that will attract visitors or nonresidents to the jurisdictions within Monterey County.
means the implementation of programs, plans, pricing, or policies designated to encourage changes in individual travel behavior. TDM can include pricing to effect travel mode change; an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; reduction or elimination of vehicle trips, or shifts in the time of vehicle commutes to other than the peak period. A listing of TDM techniques is included in Appendix 1.
means a group of employers or other uses joining together in a formal association with the intent to reduce trips.
means reducing the number of trips made in single occupant vehicles.
is the mechanism to be used by development to outline TDM measures they will implement to reduce trips.
means seven or more persons traveling to work in one vehicle.
means a point to point journey or trip in one direction utilizing a motorized vehicle. For example, an employed mother driving a car and dropping off two children at two daycare facilities and then going to an instant cash facility on the way to her job, makes a total of four vehicle trips.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.020 Employer Voluntary Trip Reduction Program.
The Transportation Agency of Monterey County (as directed on January 27, 1993), in cooperation with Sand City, AMBAG, MST, and the private sector, will implement a two year voluntary Trip Reduction Demonstration Program focused on areas experiencing traffic congestion, LOS deficiencies, and/or parking congestion. The Employer Trip Reduction Demonstration Program was begun by TAMC on July 1, 1993. The effectiveness of the demonstration program will be evaluated by TAMC and summarized at the end of the two year program. Program evaluations will also be performed by TAMC as specific programs are implemented so that programs can be fine-tuned as needed.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.030 Facilities-Oriented Element.
The purpose of this section is to outline the requirements for the facilities-oriented element of the Sand City Trip Reduction Ordinance. It includes one set of definitions and residential and tourist/commercial land use considerations for assisting in achieving the overall goals of 1.3% per year trip reduction, 1.35 average vehicle ridership, or 60% drive-alone rate.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.040 Purpose.
The purpose of the facilities-oriented element is to insure that facilities such as new development, redevelopment, and expansion of existing development in Sand City contain the needed infrastructure and programs to both reduce the need to travel in the first place, and encourage alternative mode usage in the second place. "Trip" as used herein refers to all trip purposes.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.050 Applicability.
This chapter shall apply to all residential developers, commercial developers, or tourist-oriented facility developers proposing and all applicable developments.
(Ord. 94-01; Ord. 96-02 §2)
§ 18.96.060 Compliance.
A.
Compliance shall be ascertained by: The jurisdiction reviewing residential development proposals and applying the ordinance and insuring/enforcing its implementation. TAMC shall occasionally audit the trip reduction checklist elements that are implemented as part of new developments, and determine whether trip reduction techniques are incorporated into the Zoning Ordinance, Subdivision Ordinance, and development standards when draft TROs are submitted to it for review. Transit operator input shall be sought in this process.
B.
In addition, compliance is the responsibility of Sand City as they condition and approve new residential developments.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.070 Responsibilities of Residential Developer and Developments.
A.
All developers of applicable new residential developments with 25 or more units must submit a trip reduction checklist as part of the plan check process prior to the issuance of a building permit. The checklist shall identify proposed design elements and facilities that encourage alternative transportation usage by residents of the development.
B.
Sand City shall take into consideration the nature and size of the project when reviewing the trip reduction checklist. Sand City will determine the necessary programs as part of the permit approval process. After review of the trip reduction checklist prepared by the developer, Sand City may require, but not be limited to, one or all of the following programs:
1.
Provide ridesharing, public transportation and nearby licensed child care facility information to tenants/buyers as part of move-in materials.
2.
Print transit scheduling information on all promotional materials.
3.
Install bicycle amenities, such as bicycle racks and bicycle lanes (where appropriate).
4.
Provide bus pull-outs, pedestrian access, transit stops, shelters and amenities as part of the site plan, as described in the MST Development Review Guidebook or subsequent publications.
5.
Provide locked and secure transportation information centers or kiosks with bus route/schedule information, as part of common areas.
6.
Provide pedestrian facilities linking transit stops and common areas.
7.
Provide resources for site amenities that reduce vehicular tripmaking.
8.
Park-and-ride facilities.
9.
On-site child care facilities.
10.
Local TSM improvements defined as shuttle bus services/bus pools or improved transit service as part of the development.
11.
Facilities to encourage telecommuting.
12.
Trip generation fees with proceeds to go toward provision of transit service, transportation management associations, ridesharing services and other alternative transportation services.
13.
Mixed land uses designed to reduce the length and number of vehicle trips.
14.
Pedestrian and bicycle system improvements.
15.
Transit-oriented design and/or pedestrian-oriented design.
16.
Sand City may require other measures to be added to or substituted for any or all of the above. Additional techniques for reducing trips are acceptable.
(Ord. 94-01; Ord. 96-3 §2)
§ 18.96.080 Responsibilities of Tourist-Oriented Developers and Developments.
A.
All developers of applicable new tourist-oriented developments must submit a trip reduction checklist as part of the plan check process prior to the issuance of a building permit or a special event permit. The checklist shall identify proposed design elements and facilities that encourage alternative transportation usage by visitors to the development.
B.
Sand City shall take into consideration the nature and size of the project when reviewing the trip reduction checklist. Sand City will determine the necessary programs as part of the permit approval process and in consultation with the transit operator. After review of the trip reduction checklist prepared by the tourist-oriented developer or special event promoter, Sand City may require, but not be limited to, one or all of the following programs:
1.
Provide park-and-ride, public transportation shuttles, and associated marketing to special event ticket purchasers as part of the special event promotion or site/business promotion.
2.
Print transit scheduling information on all promotional materials.
3.
Install bicycle amenities, such as bicycle racks and bicycle lanes (where appropriate), paths or routes, and at intermodal connection points.
4.
Provide bus pull-outs, pedestrian access, transit stops, shelters and amenities as part of the site plan, as described in the MST Development Review Guidebook or subsequent documents.
5.
Provide locked and secure transportation information centers or kiosks with bus route/schedule information, as part of common areas and at intermodal connection points.
6.
Provide pedestrian facilities linking transit stops and common areas and at intermodal connection points.
7.
Provide resources for site amenities that reduce vehicular tripmaking.
8.
Provide park-and-ride facilities.
9.
Local TSM improvements defined as shuttle bus service/bus pools or improved transit service as part of the development.
10.
Trip generation fees with proceeds to go toward provision of transit service, transportation management associations, ridesharing services and other alternative transportation services.
11.
Mixed land uses designed to reduce the length and number of vehicle trips.
12.
Pedestrian and bicycle system improvements.
13.
Provide alternative transportation from the airport, provide airport information displays, contribute to the marketing or fare promotions of transit service and transit passes, provide concierges as sources of tourist transit promotion, rent bicycles to visitors, provide contributions of funds for implementing rail service to the area, provide transit information displays.
14.
Education and marketing strategies designed to induce tourists to reduce their vehicular trips.
15.
Programs and projects to provide alternatives to automobile transportation into Monterey County.
16.
Sand City may require other measures to be added to or substituted for any or all of the above. Additional measures which reduce trips are acceptable.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.090 Provisions for Commercial Developers and Developments.
A.
All developers of applicable new commercial developments must submit a trip reduction checklist as part of the plan check process prior to the issuance of a building permit. The checklist shall identify proposed design elements and facilities that encourage the use of alternative transportation.
B.
Sand City shall take into consideration the nature and size of the project when reviewing the trip reduction checklist. Sand City will determine the necessary programs as part of the permit approval process and in consultation with the transit operator. After review of the trip reduction checklist prepared by the developer, Sand City may impose trip reduction requirements to mitigate the impacts of the proposed development except that any employee trip reduction program to be implemented by an employer shall not be mandatory. Available trip reduction programs include, but are not limited to:
1.
Providing ridesharing, public transportation and nearby child care facility information to employees as part of orientation materials.
2.
Providing on-site daycare for customers and employees.
3.
Providing on-site banking ATMs, restaurants, dry cleaners, grocery, and other typically needed services to reduce the need to travel. Linking these uses with convenient and pedestrian oriented paths. Providing transit access that allows bus passengers convenient access to uses with a minimum of walking distance.
4.
Siting building entrances close to bus stops with access uninterrupted by parking lots, parking aisles, and interior roadways. Placing parking at the rear of the development and the transit stop at the front of the development near the main entrance.
5.
Printing transit information in employee paychecks occasionally. Providing on-site transit information displays.
6.
Installing bicycle racks and land, paths or routes.
7.
Providing bus pull-outs, pedestrian access, transit stops, shelters and amenities as part of the development as described in the MST Development Review Guidebook or subsequent documents.
8.
Providing locked and secure alternative mode information kiosks.
9.
Offering a parking cash-out program for employees.
10.
Providing park-and-ride facilities within the development which are not limited to the site's customers or employees.
11.
Providing preferential parking for employees who rideshare.
12.
Providing local TSM improvements defined as shuttle bus services/bus pools or improved transit service as part of the development.
13.
Facilities and policies to encourage telecommuting.
14.
Providing pedestrian, bicycle, and transit system improvements.
C.
Sand City may require other measures to be added to or substituted for any or all of the above. Additional measures which reduce trips are acceptable.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.100 Implementation Schedule.
Sand City shall incorporate measures and amenities into their zoning ordinances, development standards, and subdivision ordinances as appropriate within six months of adopting the ordinance codified in this chapter. The ordinance will be implemented thereafter through application of the zoning ordinances, development standards, and subdivision ordinances of the jurisdiction.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.110 Reporting of Jurisdictions.
As part of the annual conformance process of the Congestion Management Program, Sand City shall provide the TAMC with material and documentation as needed. Compliance shall be ascertained by also reviewing tourist shuttle implementation, special event transportation shuttles and parking programs, park-and-ride lot development, provisions for bicyclists and pedestrians, and other parking, pricing, marketing efforts, and educational strategies to induce reduced trips.
The TAMC staff will from time to time audit the implementation of the Sand City Trip Reduction Program in order to assure that it is being implemented. In addition, feedback from the transit operator(s) will be obtained to ascertain whether the operator's needs are being met by the development standards in place. The TAMC will from time to time monitor the effectiveness of various TRO implementation programs and provide reports and information on effectiveness to the jurisdictions and other interested parties.
MBUAPCD: In order to provide the MBUAPCD with information necessary to determine whether Sand City is in compliance with the Indirect Source Review Program Rule, Sand City shall provide the MBUAPCD with all the material and documentation required. (Note: to date no MBUAPCD rule is adopted or proposed. MBUAPCD is cooperating with TAMC and SCCRTC and using the trip reduction programs of these agencies.)
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.120 Enforcement and Penalties.
Enforcement will occur via the jurisdiction implementing its zoning ordinances, subdivision ordinances, and development standards and permit conditions upon project completions and final inspection and insuring compliance with permit conditions thereafter. The jurisdiction issuing the permit enforces the conditions.
A.
Violation of This Chapter.
1.
A violation of any of the provisions of this chapter shall be an infraction.
2.
Failure to respond to the needs of a transit operator and to incorporate trip reduction techniques into new or expanded development is a violation of this chapter.
3.
Failure to submit the trip reduction checklist is a violation of this chapter.
4.
Each day that a provision of this chapter, or the terms and conditions of any approved trip reduction checklist are violated shall constitute a separate violation.
5.
Falsifying information is a violation of this chapter.
6.
Failure to withhold building permits until trip reduction techniques are shown on plans is a violation of this chapter.
7.
Failure to withhold certificates of occupancy until trip reduction amenities are in place is a violation of this chapter.
8.
Failure to insure that required amenities are available for alternative modes for the life of the development or until the development permit conditions are otherwise amended is a violation of this chapter.
B.
Enforcement. For purposes of ensuring that the provisions of this chapter are fully adhered to, Sand City shall, following written notice, initiate enforcement action(s) against such party(ies) or designee(s), which may include, but not be limited to, the following:
1.
Withhold issuance or renewal of business license;
2.
Withhold approval of development permits;
3.
Issue stop work order;
4.
Initiate proceedings to revoke the site development permit or other discretionary action;
5.
Withhold issuance of a certificate of occupancy;
6.
Withhold final building permit sign-off;
7.
Withhold consideration of other applications pending from the same developer.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.130 Administrative Appeals.
The City Council of Sand City shall serve as an Appeals Board for any dispute arising out of this chapter.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.140 Severability.
If any subsection, division, sentence, clause, phrase, or portion of this chapter, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.150 Resources for Implementation.
Resources for implementation of this chapter include but are not limited to:
AB 2766 funds; |
Parking revenues; |
Fines collected; |
Transit operator services; |
Ridesharing services; |
Congestion management agency services; |
Monterey County TRO program manager services; |
Planned training programs for employee transportation coordinators; |
State grants for transportation management agency formation; |
Demonstration grants. |
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.160 Transportation Demand Management Techniques (TDM).
TDM techniques may include the following:
A.
Ridesharing.
D.
Parking Pricing (Market-Oriented TRO Elements).
1.
Establishing fees for employee parking at least as expensive as a monthly bus pass;
2.
Elimination of any employer parking financial subsidy;
3.
Transition from employer parking financial subsidy to general transportation monetary allowance for all employees;
4.
Reduced parking rates for carpools and vanpools.
E.
Bicycle and Pedestrian.
1.
Bicycling financial subsidies or rewards;
2.
Financial subsidy to employees for the purchase of bicycles for commute trip use;
3.
Bicycle lockers or other secure, weather-protected bicycle parking facilities;
4.
Bicycle access to building interior;
5.
Bicycle and/or walking route information;
6.
On-site bicycle registration.
F.
On-Site Facilities/Services.
1.
Employee shower facilities and clothes lockers;
2.
Site modifications that would encourage walking, transit, carpool, vanpool, and bicycle use;
3.
On-site services to reduce mid-day vehicle trips; e.g., direct deposit of payroll, cafeteria, automatic teller machines, apparel cleaning, etc.;
4.
On-site transportation fair to promote commute alternatives.
G.
Other.
1.
Membership in a transportation management association that provides services and incentives;
2.
Establishment of employee committee to help design, develop, and monitor the trip reduction program;
3.
Guaranteed ride home program;
4.
Financial subsidies or rewards for using walking and other non-motorized transportation modes, transit or carpools;
5.
Shuttles between multiple work site;
6.
Providing child day care at/near work site;
7.
Enhanced trip reduction efforts;
8.
Any additional techniques not listed here which bring about the desired reductions in vehicle trips.
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.170 Average Vehicle Ridership Methodology.
The averaging period cannot contain a holiday and shall be for a normal, representative week. AVR for the work site is calculated by dividing the total "employee days" by the total "vehicle trip days" for the survey week. The survey will be done at least annually for the same sample week.
"Employee-days" are the total number of employees reporting or assigned to a work site during the peak period each work day of the survey week. The following procedures are used in totaling employee-days:
1.
Employees who telecommute or are off due to a compressed work week schedule are counted as reporting to the work site in calculating the total employee-days.
2.
The following employees are not included in the employee-days total:
a.
Employees not working because of vacation, sickness or other time off;
b.
Employees who report to a different work site or an off-site work-related activity;
c.
Disabled employees.
"Vehicle Trip-Days": The total number of vehicles used by employees in reporting to the work site each work day of the survey week. A vehicle trip-day is based on the means of transportation used for the greatest distance of an employee's home-to-work commute trip. The following numerical values are used in calculating vehicle trip-days: | ||
1. | Single occupant vehicle (drive alone) = 1. | |
2. | Employee dropped-off vehicle by another person = 1. | |
3. | Carpool = 1 divided by the number of employees in the carpool, regardless of whether the other employees in the carpool work for the employer or at the work site. | |
4. | Vanpool = 1 divided by the number of employees in the vanpool, regardless of whether the other employees in the vanpool work for the employer or at the work site. | |
5. | Motorcycle, moped, scooter, or motor bike = 1. | |
6. | The following = 0 vehicle trip-days: | |
a. | Public transit; | |
b. | Private buspool; | |
c. | Bicycle; | |
d. | Walking and other non-motorized transportation modes; | |
e. | Employees who telecommute (only on the days those employees work at home for the entire day); | |
f. | Employees who work a compressed work week schedule (only on their compressed day(s) off); | |
g. | Disabled employee vehicles at all times. | |
(Ord. 94-01; Ord. 96-03 §2)
§ 18.96.180 Example of AVR Calculation.
Based on 100 employees all commuting to and from work.
Employees reporting to work:
Monday | 100 |
Tuesday | 100 |
Wednesday | 100 |
Thursday | 100 |
Friday | 100 |
TOTAL | 500 |
Number of vehicles driven to work site by these employees:
Monday | 77 |
Tuesday | 79 |
Wednesday | 72 |
Thursday | 68 |
Friday | 74 |
TOTAL | 370 |
AVR is calculated by dividing the number of employees reporting to work by the number of vehicles driven to work:
500 employees |
370 vehicles = 1.35 Average Vehicle Ridership |
(Ord. 94-01; Ord. 96-03 §2)
§ 18.98.010 Terms and Definitions.
As used in this chapter, the following definitions shall apply:
means the person or entity applying for a tract map, parcel map, tentative subdivision map, conditional use permit, land use permit, building permit of other land use entitlement for a new development project and their successors and assigns.
refers to the Monterey County Regional Development Impact Fee Joint Powers Agency.
refers to the fees approved by the governing boards of the County and other TAMC members on new development within their respective jurisdictions and transmitted to the RDIF Agency as provided in the JPA. The project list for the regional development impact fee is in Exhibit "B" of the JPA.
refers to those public improvements required to mitigate the regional impacts of new development on the roads, highways and arterials within the County as specified in Section 18.98.060.
refers to a plan prepared by the RDIF Agency, which shall include project cost estimates, revenue estimates for the RDIF, other matching funds, a draft timeline for project delivery and, in the event of the County-wide sales tax measure for transportation improvements fails to pass, a plan for prioritizing the expenditure of RDIF collected from developments within a particular transportation improvement zone on transportation improvements within that zone. The strategic expenditure plan is further defined in Section 10 of the JPA.
(Ord. 08-03 §2)
§ 18.98.020 Establishment of a Regional Impact Fee.
A.
The regional development impact fee is hereby established in the amount specified in a resolution to be adopted by the City Council of the City of Sand City for the purpose of paying for regional transportation improvements projects identified in Exhibit "B" of the JPA needed to meet increased demand created by traffic resulting from new developments. The revenues raised from the impact fee shall be remitted to the RDIF Agency to be held, maintained, used and accounted for as required in Government Code Section 66006 of the Mitigation Fee Act in coordinated fashion, as provided in the JPA.
B.
The regional development impact fee shall be automatically adjusted as of July 1 of each year following the first year after the effective date of this chapter. The adjustment shall be calculated by TAMC as administrator of the RDIF Agency, based on the increase or decrease in the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31st of the proceeding calendar year.
C.
In addition to the automatic adjustment set forth above, TAMC may recommend to the County and other TAMC members that the regional development impact fee be increased to reflect revisions to the project list in the Monterey County Regional Transportation Plan, program revenue, increases in land values over the inflationary increase or other factors.
D.
Except as provided in Government Code Sections 65961, 66474.2 and 66498.1 or as otherwise provided by state or federal law of the exemptions set forth in Section 18.98.030 below, no tract map, parcel map, tentative subdivision map, conditional use permit, land use permit, building permit or other land use entitlement for a new development project shall be approved or issued unless payment of the fee is a condition of approval for such entitlement. Prior to issuance of a building permit or at such other time as required by law, the City shall require the applicant to pay the fee.
E.
Impact fees shall be imposed and collected by the City and, along with any interest earned on the fees while in the possession of the City, shall be transmitted by the City to the RDIF agency on the tenth business day of each month for all fees collected during the prior month. The fees shall be placed by the RDIF Agency in the Regional Transportation Impact Fee Trust Fund. All interest or other earnings of the Fund shall be credited to the Fund.
(Ord. 08-03 §2)
§ 18.98.030 Exemptions.
In addition to any exemptions from the levy of development impact fees provided by law, including, as applicable, the levy of development impact fees which are the subject of a vested tentative map, the following development projects are exempt from payment of the fee required by this chapter.
A.
The reconstruction of any building so long as the reconstructed building both continues a use of the same category as the prior use and generated the same or fewer trips as the original building, and, so long as the permit for reconstruction is issued and commenced within one year from destruction of the building.
B.
Development within the Fort Ord Reuse Agency ("FORA") area that is subject to transportation improvement fees for transportation projects within the FORA plan area.
C.
Development pursuant to a development agreement that was entered prior to the effective date of the Joint Powers Agreement in accordance with the terms of the development agreement in effect prior to the effective date of the Joint Powers Agreement.
(Ord. 08-03 §2)
§ 18.98.040 Credits or Reimbursements.
An applicant who constructs all or part of one of the transportation improvement projects may be eligible for a credit or reimbursement, as provided herein.
A.
Credit or Reimbursement for Regional Transportation Impact Projects Funded by the Strategic Expenditures Plan. An applicant may be eligible for a credit to be applied against payment of the regional transportation impact fee if the applicant constructs or dedicates right-of-way with respect to all or a part of one of the transportation improvement projects that is, at the time the applicant enters into an agreement with the City for construction of such project, included in the prioritization plan of the strategic expenditure plan as a project to be funded.
An applicant may be eligible for a reimbursement if the cost of constructing a transportation improvement project, or a part of such project, exceeds the amount of the regional transportation impact fee to be paid by the applicant. The amount of reimbursement shall equal the difference between the cost of constructing all or a part of the regional transportation improvement project and the regional development impact fee for the development project.
The amount of credit, or the credit and reimbursement together, shall be in an amount equal to the cost of the regional transportation improvement project or portion thereof, as calculated by the RDIF Agency. The credit, or the credit and reimbursement together, shall be calculated at the time the applicant enters into an agreement for construction of the regional transportation improvement project. The credit shall be granted at the same time. Once calculated, the amount of reimbursement shall not increase for inflation nor shall it accrue interest.
B.
Reimbursement for Projects Not Funded for Construction in the Strategic Expenditure Plan. If an applicant constructs all or part of a transportation improvement project that is not, at the time the applicant enters into an agreement for construction of such project, included in the strategic expenditure plan as a project to be funded.
In such event, the amount of reimbursement shall be in an amount equal to the cost of the transportation improvement project or portion thereof, as set forth in the strategic expenditure plan, and shall be calculated by the City and the treasurer of to the RDIF. The amount of the reimbursement shall be calculated when the applicant enters into an agreement for construction of the transportation improvement project and posts bonds. Once calculated, the amount of reimbursement shall not increase for inflation nor shall it accrue interest. Reimbursement shall be from regional impact fee revenues only, and the right to reimbursement shall be terminated 10 years from the date the applicant entered into the agreement for construction of the project.
(Ord. 08-03 §2)
§ 18.98.050 List of Projects on the Regional Transportation System.
The regional development impact fee shall be used to fund all or a portion of the list of transportation improvements projects described in Exhibit "B" of the JPA.
(Ord. 08-03 §2)
§ 18.98.060 Administrative Costs.
The RDIF agency may establish a processing fee or administrative surcharge to defray the reasonable cost of administration of the RDIF program by the RDIF agency in an amount not to exceed 1% of the fees collected by the City in accordance with Government Code Section 66014 and as otherwise provided by law.
(Ord. 08-03 §2)
§ 18.100.010 Purpose.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in Sand City. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This chapter provides standards necessary to: (1) preserve and promote harmonious land uses and the public right-of-way in the City; (2) promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the City consistent with the goals, objectives and policies of the General Plan; (3) provide for the orderly, managed, and efficient development of wireless telecommunications facilities in accordance with the State and Federal laws, rules, and regulations; and (4) encourage new and more efficient technology in the provision of wireless telecommunications facilities.
This chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under Federal or State law; or (6) otherwise authorize the City to preempt any applicable Federal or State law.
(Ord. 23-05, 12/19/2023)
§ 18.100.020 Intent.
The intent of the regulations contained herein is to protect and promote public health, safety, community welfare and to:
A.
Protect the visual character of the City from the potential adverse effects of wireless communication facilities development and wireless communication facility installation;
B.
Ensure against the creation of visual blight within or along the City;
C.
Ensure that wireless communication facilities, to the maximum extent possible, are located in areas where the adverse impacts on the community are minimal;
D.
Ensure that wireless communication facilities, which include equipment cabinets and shelters, are configured in a way that minimizes the adverse visual impact of the facilities;
E.
Retain local responsibility for management of the use of the public right-of-way;
F.
Enhance the ability of the provider of wireless communication services to provide such services to the community quickly, effectively and efficiently;
G.
Ensure that a competitive and broad range of wireless communication services and high quality wireless communication service infrastructure are provided to serve the business community;
H.
Encourage collocation when it will decrease visual impact and discourage collocation when it will increase negative visual impacts, to the extent allowed by State and Federal law; and
I.
Establish a process for obtaining necessary permits for wireless communication facilities while at the same time ensuring compliance with applicable zoning, building, and safety requirements under this code.
(Ord. 23-05, 12/19/2023)
§ 18.100.030 Definitions.
For the purposes of this chapter, the following defined terms shall have the meaning set forth in this section unless the context clearly indicates or requires a different meaning.
means any equipment associated with the installation of a wireless telecommunications facility, including, but not limited to, cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.
means any system of wires, poles, panels, rods, reflecting disc, or similar devices used for the transmission or reception of electromagnetic waves (or radio frequency signals) when such system is either external to or attached to the exterior of a structure, ground-mounted, or is portable or movable. "Antenna" includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.6100(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C.F.R. Section 1.6100(b)(1)(i) and (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. Section 1.6100(b)(1)(i) and (ii).
has the same meaning as defined by the FCC in 47 C.F.R. Section 1.6100(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
refers to wireless communication facilities which are designed and constructed to blend in with the surrounding environment so that the antenna and related equipment are not readily visible. Examples include a cupola on a building, water tank, artificial tree, rocks and a utility pole where all antenna and related equipment are internally mounted or underground.
means the distance measured from ground level to the highest point on the wireless communication facility, including an antenna or piece of equipment attached thereto. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.
means the person, entity or agency primarily responsible for installation and maintenance of the wireless communication facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located.
means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.
means and includes all public streets and easements, now and hereafter owned by the City or other public entity, but only to the extent of the City or public entity's right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities.
means electromagnetic energy with wavelengths between the audio range and the light range.
means that an object can be seen from street level by a person with normal vision, and distinguished as an antenna or related equipment of a wireless communication facility, due to the fact that it is not fully-concealed, stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials.
means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.
means a collocation, modification, or replacement of transmission equipment at an existing wireless tower or base station that does not result in a substantial change in the physical dimensions of the existing wireless tower or base station pursuant to Section 6409(a).
refers to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. Section 1455(a), as may be amended or interpreted in judicial or administrative decisions or implementing regulations.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
means the line along the top of an existing roof or top of a structure, including existing parapets, penthouses, or mechanical equipment screens.
means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.
For towers outside the public right-of-way, a substantial change occurs when:
The proposed colocation or modification increases the overall height more than 10% or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or
The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
The proposed collocation or modification increases the overall height more than 10% or 10 feet (whichever is greater); or
The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or
The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10% larger in height or volume than any existing ground-mounted equipment cabinets; or
The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
In addition, for all towers and base stations wherever located, a substantial change occurs when:
The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the Planning Director; or
The proposed collocation or modification violates a prior condition of approval; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.
The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012—the date that Congress passed Section 6409(a). |
means a mast, pole, monopole, lattice tower, or other structure erected on the ground or on a structure designed and primarily used to support antennas. A ground or building mounted mast greater than 15 feet tall and six inches in diameter supporting one or more antenna, dishes, arrays, etc., shall be considered a wireless communications tower.
means a facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area and other accessory development.
(Ord. 23-05, 12/19/2023)
§ 18.100.040 Exemptions.
The following wireless communication facilities are exempt from the standards of this chapter, but shall fully comply with other applicable requirements of the municipal code, including, but not limited to, adopted building, electrical, plumbing, mechanical, and fire codes:
A.
Antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, multi-channel multipoint distribution providers (MMDS), or television broadcast stations (TVBS), provided that all of the following conditions are met:
1.
The antenna measures 39 inches (one meter) or less in diameter within residential districts; or 78 inches (two meters) or less in diameter within commercial and industrial zoning districts;
2.
If the antenna is mounted on a mast, the mast must measure less than 12 feet in height;
3.
The antenna does not pose a threat to public safety, including, but not limited to, minimum separation from power lines, compliance with electrical and fire code requirements, and secure installation, as determined by the Building Official;
4.
The antenna is not located on a site or building with historical significance, as demonstrated by inclusion on any list of historical sites officially adopted by any local, State, or Federal governmental body;
5.
To the extent feasible, the antenna is installed in a location where it is not readily visible from the public right-of-way.
B.
Amateur radio antennas that do not exceed the maximum building height for the zoning district in which it is located by more than 25 feet. If an antenna is installed on the roof of the building, the height of the antenna shall be inclusive of the building height.
C.
Public communication facilities, including personal wireless services, used and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public use.
D.
Minor repair and regular maintenance of an existing wireless telecommunication facility that does not increase the number, height, size, or appearance of the antennas or ancillary related equipment as previously approved by the City.
(Ord. 23-05, 12/19/2023)
§ 18.100.050 Permitting Procedure.
A.
A zoning compliance review or conditional use permit pursuant to Title 18 shall be required for all new or modified wireless communication facilities, unless otherwise noted in this chapter.
B.
Notwithstanding any provision of the Sand City Municipal Code to the contrary, provisions governing the installation of a public utility facility or accessory equipment shall not apply to wireless telecommunications facilities.
(Ord. 23-05, 12/19/2023)
§ 18.100.060 Application Requirements.
A.
New Wireless Communication Facilities. The following application materials are required for new wireless communication facilities:
1.
Plans. Complete and accurate plans, fully-dimensioned and drawn to scale, which include the following items.
a.
A depiction of all existing and proposed utility runs and points of contact.
b.
A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plan view.
c.
Plan view and all elevations of a scaled depiction of the maximum permitted increase to towers, base stations and other support structures as authorized by Section 6409(a) of the 2012 Middle Class Tax Relief Act. The proposed project shall be used as the baseline for new facilities and the existing facility used as the baseline for modifications.
2.
Authorization. A statement from property owner authorizing application.
3.
Description of Services. A description of the services that the applicant proposes to offer or provide in conjunction with the proposed sites.
4.
Definition of Service Area. Definition of the service area needed for coverage or capacity of a wireless communication facility and service area maps and information showing that the proposed facility would provide the needed coverage or capacity.
5.
Visual Analysis. Photographs of facility equipment and an accurate visual impact analysis with photo simulations.
6.
Noise Analysis. Noise impact analysis information for the proposed wireless communication facility, including, but not limited to, equipment, such as air conditioning units and back-up generators. A manufacturer's specification sheet may be provided in lieu of a noise impact analysis, if determined appropriate by the City Planner.
7.
RF Emissions. Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC. The document shall include both the actual levels as they exist currently and the cumulative levels for the proposed facility and all other facilities in the vicinity.
8.
Landscape Plan. Where applicable, the applicant shall submit a plan depicting existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction and a maintenance plan (including an irrigation plan).
9.
Other Information. The applicant shall submit any other relevant information as required by the City Planner.
B.
Modifications to Existing Wireless Communication Facilities. The following application materials are required for modifications to all existing wireless communication facilities except Section 6409(a) Modifications:
1.
Plans. Complete and accurate plans, full-dimensioned and drawn to scale, which include the following items.
2.
Prior Permits. True and correct copies of all previously obtained land use approvals, including all required conditions of approval.
3.
Noise Analysis. Noise impact analysis for the proposed wireless communication facility including, but not limited to, equipment, such as air conditioning units and back-up generators. A manufacturer's specification sheet may be provided in lieu of a noise impact analysis, if determined appropriate by the City Planner.
4.
RF Emissions. Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC. The document shall include both the actual levels as they exist currently and the cumulative levels for the proposed facility and all other facilities in the vicinity.
5.
Other Information. The applicant shall submit any other relevant information as required by the City Planner.
(Ord. 23-05, 12/19/2023)
§ 18.100.070 Section 6409(a) Modification.
Except as expressly modified by this section, an application for a Section 6409(a) Modification shall be subject to the provisions of this chapter.
A.
Application Materials. Notwithstanding Section 18.100.060 (Application Requirements), the following application materials are required for Section 6409(a) Modifications:
1.
A site plan and elevation drawings for the facility as existing and as proposed with all height and width measurements explicitly stated. The plans must include plan views and all four elevations that depict the physical dimensions of the existing facility as it existed on February 22, 2012 or as approved if constructed after February 22, 2012.
2.
A description of all construction that will be performed in connection with the proposed modification, including, but not limited to, the location of any excavations or deployments.
3.
A written statement that explains in plain factual detail whether and how Section 6409(a) and applicable implementing regulations require approval of the proposed Section 6409(a) Modification. A complete written narrative analysis shall state the applicable standard and all facts that would allow the City to conclude the standard has been met. Bare conclusions without factual support shall not constitute a complete written analysis. As part of the written statement the applicant shall include: (a) whether and how the support structure qualifies as an existing tower or existing base station; and (b) whether and how the proposed Section 6409(a) modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment, or permit compliance.
4.
True, correct and complete copies of all permits and other regulatory approvals, including, without limitation, any conditions of approval, issued in connection with the tower or base station to be collocated on or modified.
B.
Review and Required Findings. Notwithstanding the provisions of Sections 18.100.050 (Permitting Procedure) and 18.100.080 (Development Standards and Regulations), the City Planner shall approve or deny a request for a Section 6409(a) Modification in accordance with this section and applicable federal law or regulations. The City Planner shall approve an application for a Section 6409(a) Modification if he or she makes the following findings:
1.
The proposed modification does not cause a substantial change in the existing tower or base station and otherwise fully qualifies as a Section 6409(a) Modification under applicable law;
2.
The existing tower or base station was permitted with all required regulatory approvals required at the time of construction; and
3.
The proposed modification does not violate any legally enforceable standard or permit condition reasonably related to public health and safety, including, but not limited to, building, structural, electrical, and safety codes.
A proposed modification to a wireless communication facility that does not qualify as a Section 6409(a) Modification shall be denied and will instead be subject to the requirements set forth in this chapter for the specific type of wireless communication facility proposed. |
C.
Other. Nothing in this section prevents the City from imposing other lawful conditions on the approval of a Section 6409(a) Modification, including, but not limited to, conditions consistent with obligations imposed on the initial installation. Nothing in this section shall be construed to waive or limit the city's proprietary right to control the use of its real or personal property for telecommunications purposes.
(Ord. 23-05, 12/19/2023)
§ 18.100.080 Development Standards and Regulations.
A.
Residential Districts. Wireless communication facilities are prohibited on private property in all residential zoning districts except as indicated in Section 18.100.040.
B.
Location Criteria. All wireless communication facilities shall be located so as to minimize their visibility. The following measures shall be implemented:
1.
No facility may be located within the front setback, along major street frontages where it will be readily visible or between the face of a building and a public street, bikeway or park, except for approved facade-mounted equipment or facilities located on existing structures;
2.
No towers shall be installed closer than one-half mile from any existing tower unless technologically required (technical evidence must be submitted to the City Planner showing a clear need for this facility, and the infeasibility of collocating it on an existing site), or visually preferable (i.e. fully-concealed facility that blends with the surrounding existing natural and artificial environment.
3.
Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 8:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line. If the facility is located within 100 feet of a residential use, noise attenuation measures shall be included to reduce noise levels to a level of 50 dBA measured at the property line.
4.
All towers shall be set back at least 20% of the tower height from all property lines, and at least 100 feet from any public trail, park, or outdoor recreation area, unless it is a fully-concealed facility that blends with the surrounding existing natural and artificial environment.
C.
Design Review Criteria. In addition to all other requirements set forth in this chapter, all wireless communication facilities shall meet the following design requirements:
1.
Minimizing Visual Impact. All wireless communication facilities shall incorporate appropriate techniques to camouflage, disguise and/or blend them into the surrounding environment. Wireless communication facilities shall be in scale and designed to blend with the existing natural or built surroundings and existing supporting structures. The City shall have the authority to require special design features for the wireless communication facilities in areas of particular sensitivity (e.g. proximity to historic or aesthetically significant structures, views and/or community features).
Based on potential aesthetic impact, the order of preference for facility type is: (a) collocation sites, when such siting minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors; (b) building-mounted (facade or roof) facilities; (c) ground-mounted facilities; and (d) a new tower.
2.
Paint and Finish Materials. Wireless communication facilities including the antennas and related equipment shall be constructed out of non-reflective materials, painted and/or textured to match the existing support structure and painted to blend with their surroundings.
3.
Related Equipment. All equipment shelters or cabinets must be concealed from public view or made compatible with the architecture of surrounding structures or placed underground. Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, or other camouflage treatment to minimize visual impacts.
4.
Lightning Arrestors and Beacon Lights. Lightning arrestors and beacon lights shall not be included in the design of facilities unless required by the FAA. Lightning arrestors and beacons shall be included when calculating the height of facilities such as towers.
5.
Height. The maximum height of a wireless communication facility shall be equal to the height limit for the district in which it is located. An exception to the height limit may be approved based on a visual analysis demonstrating that views of the facility are minimized or are substantially screened, and on an engineering analysis justifying the height of the proposed facility and demonstrating that a lower height is not feasible.
6.
Lighting. Wireless communication facilities shall not be artificially lighted, unless required by the FAA or other applicable authority and designed to ensure the least disturbance to the surrounding views.
7.
Satellite Dish/Parabolic Antennas—Ground-Mounted. Satellite dish or parabolic antennas that are ground-mounted shall be situated as close to the ground as possible to reduce visual impact without compromising their function. No such antenna shall be located in any front yard, nor in a corner side yard unless the antenna is screened from pedestrian-level view. No such antenna exceeding 39 inches in diameter shall be located within a required setback unless approved through a site development review application upon a showing that no reasonable alternative location is available.
8.
Roof Setbacks. Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator's service area. Roof-mounted antennas shall be designed to minimize their visibility and blend with the surroundings. Placing roof-mounted antennas in direct line with significant view corridors shall be avoided.
(Ord. 23-05, 12/19/2023)
§ 18.100.090 Removal of Abandoned Facilities.
Any wireless communication facilities that are not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such facilities or the owner of the property upon which the facilities are located shall remove the same within 90 days of receipt of notice from the City Planner notifying the owners of the removal requirement. If such facilities are not removed within the 90 days, the City Planner may cause the antenna or tower to be removed at the expense of the owners of the facilities and the property. If there are two or more users of a single tower, the tower shall not be deemed abandoned and shall not be subject to these provisions until all users have abandoned the facility.
(Ord. 23-05, 12/19/2023)
§ 18.102.010 Purpose.
A.
The purpose of this section is to identify and establish standards for commercial cannabis uses that are conditionally permitted in certain Zoning Districts, but which have the potential to create significant effects on the community and surrounding properties. Furthermore, it is the purpose and intent of this section to:
1.
Incorporate by reference applicable Medicinal and Adult Use Commercial Cannabis Regulations for "M" and "A", Type 10 licenses, respectively, in effect on the date that the ordinance codified in this section becomes effective, and as may be amended from time to time;
3.
Establish standards for the issuance of permits for retail commercial storefront cannabis uses by specifying the Zoning Districts wherein such uses may be located and the location of such uses in relation to other uses within the City of Sand City;
4.
Assist law enforcement agencies in performing their duties effectively and in accordance with California law.
5.
Acknowledge that, notwithstanding the enactment in California of the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), the authority under which the provisions of this chapter are incorporated within the Municipal Code, all forms of cannabis cultivation, processing, manufacture, distribution, sale and use of cannabis is illegal under federal law, and the provisions of this chapter grant limited immunity from local prosecution to those medical and nonmedical cannabis activities that do not violate the restrictions and limitations set forth in this chapter and relevant California law.
6.
Ensure that cannabis sold for medical and nonmedical purposes remains secure and does not find its way to minors or illicit markets.
7.
This section shall not apply to legal medical cannabis or recreational cannabis activities carried out exclusively for one's personal use that does not involve or commercial activity otherwise regulated by this section.
(Ord. 24-03, 11/5/2024)
§ 18.102.020 Definitions.
means that plant and all derivatives as defined in Business and Professions Code Section 26001(f) and California Health and Safety Code Section 11018 as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medicinal and nonmedicinal cannabis and medical and nonmedical cannabis products unless otherwise specified.
means a use requiring solely a Type 10 License wherein cannabis is offered for retail sale solely within a fully enclosed building. Such uses may include delivery, defined in Business and Professions Code 26001(r), and in accordance with applicable provisions of Department of Cannabis Control Regulations Section 15311, as may be amended, and in accordance with state and local laws and regulations.
means the commercial transfer of cannabis or cannabis products to a customer pursuant to MAUCRSA or to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code, as may be amended.
means an "A" or "M" license issued by the State of California Department of Cannabis Control issued pursuant to MAUCRSA and in accordance with Department of Cannabis Control Regulations Section Chapter 3, Section 15400 et seq.
means a person issued a state license under MAUCRSA to engage in retail commercial cannabis sales and related activities.
means cannabis offered for retail sale by a Type 10 licensee in accordance with provisions of this chapter.
shall have the same meaning as "day care center" in Health and Safety Code Section 1596.76, as may be amended from time to time: means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers.
means the City Manager or her/his designee.
means only storefront retail commercial cannabis activities pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), Business and Professions Code 26000 et seq., including retail, sale of cannabis or cannabis products.
means the individual or official City body (the City Manager, Director, Council, Commission, or Board) and others as identified in the Sand City Municipal Code as having the responsibility and authority to approve or deny land use permit applications.
means cannabis that is used for medicinal cannabis purposes in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA").
means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit and includes the plural as well as the singular number.
means a leased or owned space within a fully enclosed building where the commercial retail cannabis use or activity is or will be conducted.
shall have the same meaning as set forth in Health and Safety Code Section 11362.7, as the same may be amended from time to time.
means any publicly owned property or property on which a public entity has a right-of-way or easement.
means the natural person or designated officer responsible for the operation of a retail commercial cannabis use.
means any premises that is a physical location within an enclosed building from which retail commercial cannabis activities are conducted facility, under a state cannabis license Type 10, or a state cannabis license type subsequently established equivalent to a Type 10.
shall have the same meaning as set forth in Business and Professions Code Section 26001(ay) as the same may be amended from time to time: include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
means any public or private school providing instruction to students in kindergarten or any grades 1 through 12.
shall have the same meaning as in Section 11353.1 of the Health and Safety Code, as may be amended from time to time: any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
(Ord. 24-03, 11/5/2024)
§ 18.102.030 Permitted Cannabis Businesses.
A.
Cannabis Retail Commercial Businesses Permitted Within the City. A maximum of two, Type 10 Cannabis storefront retail businesses may operate within the City subject to the restrictions of this chapter.
B.
Cannabis Delivery Operations Based Outside the City Permitted. Licensed cannabis delivery operations based outside of the City may deliver cannabis and cannabis products to customers and qualified patients and their caregivers within the City.
(Ord. 24-03, 11/5/2024)
§ 18.102.040 Requirements to Operate a Cannabis Business in the City.
A.
Any cannabis business allowed in the City shall obtain all of the following:
1.
A City business license.
2.
A cannabis storefront commercial retail operating permit on a form specified by the City Manager.
3.
A conditional use permit pursuant to the procedure in Chapter 18.74 of this code. Any conditional use permit relating to the location of a retail storefront commercial cannabis business may be approved based on all of the following findings:
a.
The proposed use is consistent with the general plan and any applicable specific plan.
b.
The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity.
c.
The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.
d.
The proposed project has been reviewed in compliance with the California Environmental Quality Act.
e.
Conditions of approval require that the continuation of the retail storefront commercial cannabis use requires verification of annual license renewal by the Department of Cannabis Control within 30 days following approval of the renewal.
f.
Conditions of approval require the execution of a Community Benefit Agreement prior to issuance of a business license for operation of a retail commercial cannabis business.
(Ord. 24-03, 11/5/2024)
§ 18.102.050 Location and Minimum Proximity Requirements.
A.
All storefront retail commercial cannabis uses operating within the City shall be located in the Regional Commercial (C-4) Zoning District.
B.
Additionally, the following location and proximity requirements shall apply:
C.
The proximity requirements above may be waived by the City Council when the applicant can show that an actual impassible physical separation exists between land uses or parcels, such as a building, sound wall, major street or highway, such that no negative off-site impacts could occur that would result in harm or likely harm to the public health, safety, or welfare or the health, safety, or welfare of nearby resident or tenant, unless otherwise prohibited under state law.
(Ord. 24-03, 11/5/2024)
§ 18.102.060 Application Procedures.
A.
Application Submittal, Review and Approval Procedures.
1.
Solicitation of Applications. The City Manager will issue a notice soliciting applications to operate a storefront retail commercial cannabis business pursuant to this chapter. Such notice will specify when the City will begin accepting applications and the deadline for receipt of applications.
2.
Applications shall include a detailed description of proposed "A" and "M" Type 10 License operations sufficient to demonstrate compliance with and corresponding to relevant MAUCRSA provisions and Department of Cannabis Control Medicinal Adult Use Commercial Cannabis Regulations generally and, in particular, Chapters 1 "All Licenses" and Chapter 3 "Retailers" (Sections 15000 and 15400 et seq., respectively), as they may be amended. Descriptions shall reference and address each of the applicable sections contained within these chapters.
3.
Selection Process. The method for selecting the applicants that will be eligible to receive operator permits shall be set by resolution of the City Council. The City Manager shall be authorized to prepare any other necessary forms and adopt any necessary rules to implement the procedure guidelines and review criteria.
4.
Six Month Time Period to Seek Conditional Use Permit. An applicant has six months from the selection of an application by the City Council to obtain a conditional use permit pursuant to Section 18.102.040(A)(3). If an applicant fails to obtain a conditional use permit during that time period, another qualified applicant may be selected and such applicant may be permitted six months from the date of selection by the City Council as an operator to seek a conditional use permit from the City Council.
5.
State Licensing. Applicants who are granted an operator permit and conditional use permit must obtain a state cannabis license prior to commencing operations. If an applicant fails to obtain a state cannabis license within six months of being granted an operator permit, said operator permit shall expire and the City may select another qualified applicant in accordance with the method outlined per the City Council resolution and such applicant will be permitted to seek a conditional use permit from the City Council.
6.
Licensed owners and operators shall, within the required operator agreement, acknowledge and agree to enable and facilitate the Chief of Police and other federal, state or local law enforcement entity or regulatory agency entity to inspect any premises and delivery vehicles to ensure compliance with these regulations and to fully cooperate with any official criminal investigation including access to camera footage, documents, premise areas of any building within which commercial retail cannabis is conducted.
B.
Grounds for Rejection of Applications/Revocation, Modification, or Suspension of Conditional Use Permits and Operator Permits.
1.
The City Manager, or designee, has the authority and discretion to reject any application pursuant to this chapter for reasons of inconsistency with the requirements of this chapter.
2.
The City Council may suspend, modify, or revoke a conditional use permit or operator permit based on, but not limited to the following findings:
a.
Entitlements for establishment of a Commercial Retail Cannabis Business are based on false or misleading statements to the City made by an applicant, partner, or investor.
b.
Any owner, operator, investor, partner, or agent has been convicted of a felony, crime of moral turpitude, has been found by any state or local jurisdiction to have violated the provisions of MAUCRSA, or once formally notified by the City Manager or designee of such convictions or violations by an employee, an owner or operator maintains the ongoing permanent or temporary employment by such persons.
c.
Any owner, operator, investor, partner, or agent has had a cannabis-related license or approval revoked from another jurisdiction within the previous year.
d.
Failure to comply with any provisions of this article, the Zoning Code, state law, or any other applicable laws or regulations.
e.
Unpaid fees, fines, taxes, or administrative penalties.
f.
Facts or circumstances exist which indicate that the operation does or would very likely constitute a threat to public health, safety and/or welfare.
g.
The cannabis business permittee has not been in regular and continuous operation in six months since the date the City Council approved the application or the approved extension of the deadline from the City Manager or his or her designee.
h.
The operation as proposed would violate any provision of state or local laws or regulations.
i.
The operator fails to implement and maintain a safety and security plan in conformance with applicable Department of Cannabis Control Regulations contained in Chapter 1, Article 5 as they may be amended.
j.
The operator willfully fails to comply with Laws and Regulations of the California Department of Justice Office of the Attorney General, Bureau of Firearms, as determined by the Chief of Police.
k.
The operator has engaged in unlawful, fraudulent, unfair or deceptive business acts or practices.
l.
The applicant's state license for the commercial cannabis operations is suspended or revoked. The City Council may reinstate the operator permit when documentation is received showing that the state license has been reinstated or reissued. It shall be within the City Council's sole discretion whether the City reinstates any permit after suspension or revocation of a state license.
m.
State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the City receives credible information that the Federal government will commence enforcement measures against such businesses and/or local governments that permit such uses.
n.
The applicant, owner, operator, partner or investor violates any agreement with the City, including City business license, conditional use permit, or community benefit agreement.
C.
Any cannabis business that does not have the applicable state license is prohibited within the City.
D.
The City shall not issue any discretionary or ministerial permit, license, or other entitlement, which is sought pursuant to this article, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the Sand City Municipal Code, or any other local, state or federal law.
E.
Operator Qualifications. All commercial cannabis operators must meet the following minimum qualifications. The City reserves the right to require additional qualifications through the application procedure.
1.
Commercial cannabis business operators must be 21 years of age or older.
2.
Commercial cannabis business operators shall be subject to background search by the California Department of Justice and local law enforcement.
3.
No commercial cannabis business owner or operator may have a felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code, and subdivision (c) of Section 1192.7 of the Penal Code. Operators may not have criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor.
4.
Commercial cannabis operators must meet the minimum qualifications established by the state for the storefront retail commercial license type.
F.
Cannabis Operator Application Procedure.
2.
The City Manager, or his or her designee, may design application forms and procedures specific to storefront retail license, type M, including online permitting, and require inspections of proposed facilities before approving a commercial cannabis use under this article.
3.
Operator applications shall be reviewed by City staff or qualified consultants, as designated by the City Manager. Such review may include a scoring or ranking system.
4.
Applications shall include a component on community benefits, the terms of which shall be set out and memorialized in a community benefit agreement. Community benefits may include, but will not be limited to: in-kind donations; sponsorship of select community events; financial support for special community events such as fairs, afterschool programs, youth centers, local schools (whether public or private); school athletic programs; school clubs; community centers, homeless shelters, senior centers and/or senior living facilities, and/or parks and recreation programs or facility improvements.
(Ord. 24-03, 11/5/2024)
§ 18.102.070 Taxes.
Commercial cannabis uses shall comply with any taxes that may be enacted by the City Council or voters and any additional regulations that may be promulgated in addition to all other current applicable state and local taxes.
(Ord. 24-03, 11/5/2024)
§ 18.102.080 Appeals, Costs Of Enforcement, Liability and Indemnification.
A.
Any applicant aggrieved by any formal action taken by the City Manager regarding actions or determinations referenced in Section 18.102.060(B) may appeal to the City Council in writing within 10 days after the date of such actions. City Council actions on such appeals shall be final.
1.
Appellants who file a timely written notice of appeal, on an appeal form created by the City Manager, will be entitled to an administrative hearing before the City Council.
2.
Upon receipt by the City Clerk of a timely-filed notice of appeal pertaining to suspensions, revocations, or non-renewals the City Clerk shall forward such appeal to the City Council, who shall schedule a hearing within 30 days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant, then the City Clerk shall schedule the appeal to be heard within 45 days.
3.
The appellant(s) listed on the written notice of appeal shall be notified in writing of the date, time, and location of the hearing at least 10 days before the date of the hearing ("notice of appeal hearing").
4.
At the date, time and location set forth in the notice of appeal hearing, the City Council shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration. The following rules shall apply at the appeal hearing:
a.
Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
b.
The City bears the burden of proof to establish the grounds for nonrenewal, suspension, or revocation by a preponderance of evidence. Appellant(s) or permittee(s) bear the burden of proof regarding denial of an applicant's/permittee's application.
c.
The issuance of the City Manager's notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation.
d.
The City Council may accept and consider late evidence not submitted initially with the notice of appeal upon a showing by the appellant of good cause, provided, however, all evidence must be submitted at a minimum 24 hours prior to the set hearing start time. The City Council shall determine whether a particular fact or set of facts amount to good cause on a case-by-case basis.
e.
The appellant may bring a language interpreter to the hearing at their sole expense.
f.
The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
5.
If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Council may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the notice of appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the notice of decision is final and binding.
6.
Final Decision. Following the conclusion of the administrative hearing, the City Council shall issue a written decision within 20 days which: (a) determines if the action appealed from is affirmed or overturned; and (b) specifies the reasons for the decision.
8.
A copy of the written decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this chapter.
B.
In any enforcement action brought pursuant to this chapter, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful cannabis use shall be liable for all costs incurred by the City, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible person to undertake, any abatement action in compliance with the requirements of this section. In any action by the agency having jurisdiction to abate unlawful cannabis uses under this section, whether by administrative or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney's fees incurred. Recovery of attorneys' fees under this subdivision shall be limited to those actions or proceedings in which the City elects, at the initiation of that action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the City in the action or proceeding.
C.
Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this article shall not become a personal liability of any public officer or employee of the City. To the maximum extent permitted by law, the permittees under this article shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Sand City, the Sand City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called "City") from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgment (including legal costs, attorneys' fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called "action") against the City to attack, set aside, void or annul, any cannabis-related approvals and actions and strictly comply with the conditions under which such permit is granted, if any. The City may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the City for its reasonable legal costs and attorneys' fees. Permittees shall be required to agree to the above obligations in writing.
(Ord. 24-03, 11/5/2024)
§ 18.84.010 Purpose.
Where no access is shown on City planning documents or cannot be achieved consistent with local coastal program policies, payment of in-lieu fees will provide revenue for development and maintenance of accessways.
(Ord. 84-6 §1)
§ 18.84.020 General Requirements.
As a condition of approval of a coastal development permit, the applicant shall provide public access in accord with LCP requirements. Where no access is shown on LCP land use plan maps and other access easements are not available and/or consistent with LUP policies, payment of an in-lieu fee for development and maintenance of accessways will be required.
(Ord. 84-6 §2)
§ 18.84.030 Consistency With Local Coastal Program.
In the coastal zone, all access plans, easements, dedications or grants of easement shall be consistent with the provisions of the adopted local coastal program including all implementing ordinances. It is also intended that this article structuring access in-lieu fees be fully consistent with the City's adopted LCP policies and requirements.
(Ord. 84-6 §3)
§ 18.84.040 Fee Schedule.
Access in-lieu fees shall be applied as follows: Consistent with the provisions in this article and the City's general plan and local coastal plan policies and maps. A 0.05 fee per square foot of gross floor area shall be assessed.
(Ord. 84-6 §4)
§ 18.84.050 Purpose.
The purpose of this article is to establish procedures for adoption, maintenance and administration of specific plans for areas of the City in accordance with the provisions of Section 65450 et seq. of the Government Code and as may be required for the systematic execution of the local coastal land use plan. Specific plans are intended to provide a planning framework to guide future public and private developments in areas where planned developments are appropriate because of special design/siting consideration, existing small lot subdivisions, and/or the need to make land uses compatible with surrounding uses.
This article establishes procedures and regulations which apply to the development, adoption, amendment and administration of specific plans.
(Ord. 84-7 §1)
§ 18.84.060 Consistency With Local Coastal Program.
In the coastal zone, all specific plans shall be consistent with the provisions of the adopted local coastal program including the implementing ordinances. Any proposed specific plan which is not consistent with the provisions of the existing adopted and certified local coastal program may only be adopted concurrent with the adoption of other appropriate amendments to the local coastal program necessary to maintain consistency. Specific plans shall be processed pursuant to the hearing and notification provisions of Sand City.
(Ord. 84-7 §2)
§ 18.84.070 Contents.
A.
Specific plans shall include detailed regulations, conditions and programs as are necessary or convenient for the systematic implementation of the general plan and its various elements (including the local coastal land use plan) as may be appropriate.
B.
The contents of the specific plan shall be determined by the City and may include any or all of the following:
1.
Project description: description of project uses and scale, form of ownership and land use density;
2.
Dune management program and habitat preservation/restoration plans;
3.
Identification of geological hazards setbacks;
4.
Provision of public accessways and view corridors and dedication or grant of easement of public lands;
5.
Design concepts for planned unit development;
6.
Description of proposed lot consolidation program and transfer of development credits;
7.
Architectural design and landscaping concepts;
8.
Description of provisions for sewer/water service and streets;
9.
Description of provisions to insure compatibility with surrounding land use;
10.
Analysis of consistency with the City's adopted housing element for residential projects;
11.
Supporting documentation such as biological surveys, geology reports, and maps.
(Ord. 84-7 §3)
§ 18.84.080 Procedures.
A.
Preparation.
1.
A specific plan may be prepared by a developer for city approval, or by the City. If the specific plan is prepared by the City, the City Council may impose a special fee upon persons seeking approvals for projects within the specific plan.
2.
The amount of fees shall be established so that, in the aggregate, they defray, but as estimated do not exceed, the cost of development and adoption of the specific plan. As nearly as may be estimated, the fee charged shall be a prorated amount in accordance with the applicant's relative benefit derived from the specific plan.
B.
Adoption. Prior to adoption of a specific plan, the City Council shall hold at least one public hearing. Notice of the time and place of such hearing shall be given at least 10 calendar days before the hearing and shall be published at least once in a newspaper of general circulation. For specific plans developed in the coastal zone, hearing and notice procedures as established in the coastal zone overlay district of the Sand City zoning ordinance shall be followed. Adoption of the specific plan by the City Council shall be by ordinance or resolution.
(Ord. 84-7 §4)
§ 18.84.090 Specific Plan Consistency.
A.
Land Use Regulation. Within an area included in an adopted specific plan all land shall be zoned consistent with the specific plan; and no discretionary land use project, public or private, shall be approved by the City unless it is found to be consistent with any applicable specific plan. If rezoning of property is required, or a transfer of development credits program is included, a local coastal program amendment is required.
B.
Public Works Project. Pursuant to California Government Code Section 65553, no public building or works including new streets, sewers, or schools, shall be constructed within an area included within an adopted specific plan until such project has been reviewed by the City Council to insure conformity with the specific plan.
(Ord. 84-7 §5)
§ 18.84.100 Actions Constituting Amendment.
The following actions shall constitute an amendment to the local coastal program if found by the Executive Director of the California Coastal Commission to constitute an amendment to the local coastal program:
A.
Any general plan amendment which affects the coastal zone including any changes to the certified policies, tables, maps or definitions of the local coastal program land use plan.
C.
Any zone district in the coastal zone.
D.
The amendment of any specific plan which affects the coastal zone. The adoption of a specific plan is an amendment requiring commission approval if the specific plan differs from the local coastal land use plan or includes a transfer of development credits program.
(Ord. 84-8 §1)
§ 18.84.110 Initiation.
Local coastal program amendments may be initiated at any time by an application from any person or public agency, or by a resolution of intention adopted by the City Council upon its own motion or upon the recommendation of the planning staff.
(Ord. 84-8 §2)
§ 18.84.120 Frequency.
The local coastal program shall not be amended more than three times during any calendar year. Each amendment may include several different changes.
(Ord. 84-8 §3)
§ 18.84.130 Application.
An application to amend the local coastal program shall be made on forms provided by the City and be submitted concurrently with the application to amend the general plan, specific plan, ordinance, or zoning district designation which constitutes the local coastal program amendment. A processing fee as established by resolution of the City shall accompany the application.
(Ord. 84-8 §4)
§ 18.84.140 Public Notice.
A.
Notice Recipients. Notice of public hearing for a local coastal program amendment shall be provided a minimum of 10 days prior to the hearing before the City Council in the following manner:
1.
Publication in a newspaper of general circulation within the area or areas affected by the proposed amendment; publication may be in the form of publication of the scheduled agenda for the hearing body; and
2.
A mailed notice shall be sent to:
a.
Any member of the public who has so requested;
b.
Each local government contiguous with the area that is the subject of the LCP amendment;
c.
Local governments, special districts, or port or harbor districts that could be directly affected by or whose development plans should be considered in the LCP amendment;
d.
All of the state and federal agencies listed in Appendix A of the Local Coastal Program Manual;
e.
Local libraries and media; and
f.
Other regional or federal agencies that may have an interest in or be affected by the LCP.
3.
If specific parcels are affected by the proposed amendment, notices shall be posted in prominent locations on and in the area of the subject property; and a mailed notice shall be sent to the property owner and all residents within 100 feet of the perimeter of the subject parcel.
B.
Notice Contents. The public notice shall include the following information:
C.
Continued Hearings. If a public hearing on a proposed amendment is continued to a time which has not been stated in the public notice or at the public hearing, notice of the continued hearing shall be provided in the same manner as provided in this section.
(Ord. 84-8 §5)
§ 18.84.150 Council Action.
A.
Approval. The City Council shall hold at least one public hearing on a proposed local coastal program amendment following public notice. The City Council may approval the proposed amendment by a resolution which shall include the following:
B.
An amendment approved by the City Council shall not be effective until certified by the California Coastal Commission.
C.
Denial. Denial of a local coastal program amendment by the City Council shall be final except for denial of amendments which would allow public works or energy facility projects applications which may be re-filed with the California Coastal Commission pursuant to Public Resources Code Section 30515.
(Ord. 84-8 §6)
§ 18.84.160 Local Coastal Program Amendment Certification.
A.
Following approval by the City Council, a local coastal program amendment shall be submitted to the California Coastal Commission accompanied by a full administrative record of the City Council hearings including:
1.
A copy of the approved amendment including policies, maps, ordinances, etc., as adopted.
2.
A copy of the public notice with a list of all persons and entities noticed.
3.
Supporting documents including reports, maps, exhibits, environmental documents, minutes, and supplemental data and hearing submittals. Such material shall include copies or summaries of significant public comments and local government's response, a discussion of the proposed amendment's relationship to and effect on the other sections of the certified LCP, and an indication of any zoning measures to be used to carry out the amendment.
4.
A copy of the adopting resolution including statements and findings supporting the amendment.
B.
Amendments shall not be submitted to the California Coastal Commission more often than three times in a calendar year; each submittal, however, may contain several different program changes.
C.
An amendment approved by the Coastal Commission will require formal City Council adoption after commission approval.
(Ord. 84-8 §7)