This Chapter is established to provide procedures for consideration of Specific Plans as authorized by Article 8, Chapter 3, Division 1, Title 7 and other applicable provisions of the California Government Code. It is also the intent to describe the relation between an adopted Specific Plan and the provisions of this Title 22.

(Ord. 2019-0004 § 1, 2019.)

Specific Plans, including any associated regulations, conditions, programs and proposed legislation shall be adopted by ordinance according to the procedures established in Article 8, Chapter 3, Division 1, Title 7 and other applicable provisions of the California Government Code. Any amendments to such Specific Plans or regulations shall also be adopted in accordance with the Government Code provisions mentioned above. No amendment to a Specific Plan certified as part of a Local Coastal Program shall be effective in the Coastal Zone until the amendments are certified by the California Coastal Commission pursuant to Section 30514 of the California Public Resources Code.

(Ord. 2019-0004 § 1, 2019.)

A.

Specific Plans and associated regulations shall be administered in accordance with Article 8, Chapter 3, Division 1, Title 7 and other applicable provisions of the California Government Code. Such plans and regulations may reference existing provisions and procedures of this Title 22 or they may develop different administrative procedures to use in the implementation of the Specific Plan. Except as otherwise expressively provided in a Specific Plan, property may be used for any purpose and subject to all of the standards and requirements of the basic zone. Where the regulations of a Specific Plan differ from the provisions of the basic zone, such regulations shall supersede the provisions of the basic zone as specified in the Specific Plan.

B.

Exceptions.

1.

Density Bonus or Inclusionary Housing. Notwithstanding any contrary provisions in this Chapter, any Specific Plan regulations specified in Subsection A, above, may be waived or modified through a Housing Permit (Chapter 22.166) pursuant to Chapter 22.120 (Density Bonus) or Chapter 22.121 (Inclusionary Housing).

2.

Compact Lot Subdivisions. Any Specific Plan provisions pertaining to a required yard shall apply to the equivalent perimeter yard of a compact lot subdivision pursuant to Section 22.140.585.F.18 (Yard Provisions in Specific Plans and Community Standards Districts).

3.

Accessory Dwelling Units and Junior Accessory Dwelling Units. Where the regulations in Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units) are contrary to the provisions in a Specific Plan regulating the same matter, the provisions in the Specific Plan shall prevail, unless specified otherwise in Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

(Ord. 2020-0064 § 8, 2020; Ord. 2020-0059 § 10, 2020; Ord. 2020-0032 § 18, 2020; Ord. 2019-0053 § 17, 2019; Ord. 2019-0020 § 8, 2019; Ord. 2019-0004 § 1, 2019.)

The following Specific Plans are added by reference, together with all maps and provisions pertaining thereto:

(Ord. 2022-0008 § 22, 2022; Ord. 2019-0050 § 1, 2019: Ord. 2019-0024 § 1, 2019; Ord. 2019-0004 § 1, 2019.)

A.

The Santa Catalina Island Specific Plan is located in Section 22.46.050 (Purpose) through Section 22.46.750 (Energy).

B.

The Santa Catalina Island Specific Plan was certified by the California Coastal Commission on January 9, 1990.

(Ord. 2019-0004 § 1, 2019.)

This Specific Plan constitutes the primary implementation mechanism for the Santa Catalina Island Land Use Plan (LUP) as certified by the California Coastal Commission in November, 1983. As such, it establishes regulations for the development, protection and management of the island's unique resources. The LUP constitutes the first part of the County's State-mandated local coastal program or LCP; the LIP is the second part of the LCP.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The Los Angeles County General Plan consists of those countywide chapters and elements mandated by the California Government Code, as well as a series of community and area plans setting forth more detailed growth and development policies for specific unincorporated communities.

B.

The countywide General Plan establishes, in a broad perspective, future land use, development and conservation policies for Santa Catalina Island.

C.

The Santa Catalina Island LUP serves as the community plan for the unincorporated portions of the island. The LUP essentially constitutes a refinement of General Plan policy and provides a basis for its ultimate implementation through application of this Specific Plan. The LUP contains background information on Catalina Island conditions and resources; the implementation of its policies will be assured in the coastal development permit process which requires a finding that any proposed development is consistent with the local coastal program.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The regulations and provisions of the Specific Plan work in conjunction with the Los Angeles County zoning ordinance. The Specific Plan provides land use regulations and standards that supersede those contained in the basic or underlying zone. Any provisions of the zoning ordinance that are used to administer or implement the Specific Plan, and are referenced in it, are included in Appendix E. Thus, the Specific Plan is a self-contained document that includes all of the provisions necessary to administer it.

B.

Amendments to the County Code that affect sections cited in this Specific Plan shall not apply to this Specific Plan until certified as amendments to the LCP. Until such changes are certified, only the versions of the County Code in Appendix E of this Specific Plan shall apply.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

The Specific Plan is organized into three main sections including: 1) land use regulations and development standards; 2) access and circulation; and 3) utilities/public facilities requirements. These sections are summarized below.

A.

Land Use Regulations and Development Standards. This Section sets forth the principal permitted uses and uses requiring other permits for five Specific Plan land use districts. These five districts are: Open Space/Conservation, Two Harbors Resort Village, Utilities and Industrial, Avalon Canyon Resort and Recreation, and Organized Camps and Special Facilities. This Section also contains development standards and conditions for each district. In addition, this Section contains standards which regulate architectural motifs, landscape materials and visual aesthetics.

B.

Access and Circulation. Vehicular and nonvehicular circulation on the island is addressed in this Section, as well as access to and use of the island's shoreline.

C.

Utilities/Public Facilities. This Section identifies infrastructure planning and improvements necessary to support future development on the island.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The Specific Plan works in conjunction with the zoning ordinance, Title 22 of the Los Angeles County Code, to define and control potential growth and development on the island. This is accomplished by the Specific Plan's land use districts which identify the principal permitted uses, uses requiring other review or permits (e.g., conditional use, surface mining, etc.) and development standards; these districts supersede the basic or underlying zones for their respective areas. The Specific Plan is also an integral part of the zoning ordinance and references many of the existing definitions, provisions and procedures contained in the zoning ordinance. Thus, the Specific Plan and various provisions of the zoning ordinance work together to provide the necessary detailed land use regulations and the appropriate administrative procedures to implement the goals and policies of the Santa Catalina Island Local Coastal Plan.

B.

Each land use district contains provisions which are applicable both district-wide and within specified geographic areas and is organized in the following fashion:

1.

Legal Description. This is a precise description of the boundaries of the district. (See Appendix D for maps of all geographic areas mentioned in the Specific Plan.)

2.

Intent. This is a statement of the purpose of the district with regard to the development and resource protection policies that are to be carried out in the particular district.

3.

Principal Permitted Uses. This is a listing of the uses which clearly implement the designated land uses and policies of the district. These uses require the approval of a coastal development permit unless they are specifically exempted or categorically excluded. Uses are grouped in two categories: those which are allowed throughout the district and those which are restricted to specific geographic areas. These uses are generally not appealable to the Coastal Commission unless they are located in one of the areas listed in Section 22.56.2450 where the Coastal Commission retains appeal jurisdiction. However, because unincorporated Santa Catalina Island does not have a public road within the meaning of the Coastal Act statute defining appeal jurisdiction, the entire island is an appealable area. Coastal development permits for uses which are appealable to the Coastal Commission shall have a public hearing in accordance with Section 22.56.2380.

4.

Accessory Uses. This is a listing of uses, including buildings and structures, which are customarily incidental to, related to and clearly subordinate to the main building, structure or use of land. Accessory uses are subject to the same permit requirements, including the filing of a coastal development permit, as the main uses or buildings to which they are subordinate. Accessory uses are subject to the same coastal commission appeal provisions as the main uses or buildings. Coastal development permits for uses which are appealable to the Coastal Commission shall have a public hearing in accordance with Section 22.56.2380.

5.

Uses Subject to Director's Review. This is a listing of uses that may implement the intent of the district but need review by the Director to determine that development standards have been met and to require conditions when necessary. These uses will require site plan approval in addition to approval of a coastal development permit. These uses are appealable to the Coastal Commission. Coastal development permits for uses which are appealable to the Coastal Commission shall have a public hearing in accordance with Section 22.56.2380.

6.

Uses Subject to Additional Permits. This is a listing of uses which may implement the intent of the district but only under certain circumstances or conditions. These uses may require the approval of conditional use, surface mining, temporary use or other permits in addition to a coastal development permit. Uses are grouped in two categories: those which are allowed throughout the district and those which are restricted to specific geographic areas. These uses are appealable to the Coastal Commission. Coastal development permits for uses which are appealable to the Coastal Commission shall have a public hearing in accordance with Section 22.56.2380.

7.

Development Standards. This is a listing of regulations that apply to development within a particular district. These regulations relate to such aspects as archeological resources, architectural quality, biotic resources, environmental hazards, height limits, landscaping, lot coverage, noise, parking, setbacks, signs, etc. Compliance with these standards will be substantiated through the issuance of coastal development permits.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

All of the unincorporated area of Santa Catalina Island, except for the portion of Lot 2 of Tract No. 8911 recorded in M.B. 118 3-4 bounded on the northwest by the easterly boundary of the City of Avalon and on all other sides by Lot 1 of Los Angeles County Assessors (LACA) Map No. 59, including all off-shore rocks and islets, and all land as shown on LACA Map No. 59 recorded on February 28, 1952 in Assessors Maps, Book 1, Page 7, except that the property described below is not included in this district:

Lots 1; 3; 8; 9; 14; 64; 83; 85; 86; 88; 89; 99; the northerly portion of Lot 7 which is more particularly described as follows:

Beginning at a point in the westerly line of said Lot 7 which is 2600 feet north of the southwest corner of said Lot 7, thence EAST 280.00 feet, NORTH 420.00 feet, EAST 250.00 feet, South 52°00'00" East 220.00 feet, North 38°00'00" East 250.00 feet, North 20°00'00" West 800.00 feet, North 20°00'00" East 400.00 feet, South 70°00'00" East 300.00 feet, South 7°00'00" West 300.00 feet, South 38°00'00" East 300.00 feet, North 66°00'00" East 300.00 feet, South 24°00'00" East 410.00 feet, South 15°00'00" West 460.00 feet, South 75°00'00" East 280.00 feet, South 11°00'00" West 700.00 feet, and North 54°13'33" East 742.49 feet to a point in the easterly line of said Lot 7, distant thereon NORTH 2550.00 feet from the southeast corner of said Lot 7; thence NORTH along said easterly line of Lot 7 a distance of 1850.98 feet to the northeast corner of said Lot 7, thence North 52°31'25" West 2786.76 feet along the northerly line of said Lot 7 to the northwest corner of said Lot 7, thence SOUTH along the westerly line of said Lot 7 3496.54 feet to the True Point of Beginning;

And that portion of Lot 82 described as follows:

Beginning at a point in the westerly line of said Lot 82 which is 2200 feet NORTH of the southwest corner of said Lot 82, thence North 40°00'00" East to the mean high tide line of the sea, thence in a westerly direction along the mean high tide line of the sea to the westerly line of Lot 82, thence SOUTH to the point of beginning.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

This land use district is established to allow low intensity recreational use and enjoyment of the islands' resources while emphasizing preservation, protection and careful management of these resources. This district also recognizes a limited number of more intense visitor-serving uses in designated areas.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The principal permitted use in the Open Space/Conservation District is the conservation of the natural resources together with low-intensity recreational uses which are compatible with resource protection.

B.

Property in the Open Space/Conservation District may be used for the following district-wide uses:

• Beaches and associated passive recreation uses.

• Campgrounds, primitive.

• Range management activities necessary for the maintenance and restoration of biotic and habitat communities; such activities shall include the grazing of buffalo (bison) at numbers which will not adversely affect the biota and regulating the numbers of goats and other herbivores to reduce their impact on native vegetation.

• Riding and hiking trails, excluding trails for motor vehicles.

• Watershed, water recharge and percolation areas.

• Wildlife, nature, forest, and marine preserves and sanctuaries.

C.

Property in the geographic areas listed below may also be used for the following resource compatible uses:

1.

Airport Hub—LACA Lot 71

• Displays: interpretive and informational.

• Restaurant.

2.

Ben Weston Beach—LACA Lots 43 and 44

• Parking area for primitive campground.

• Picnic area.

3.

Black Jack—LACA Lot 63

• Campground, equestrian; 15 PAOT capacity; lower cost public use.

• Campground, improved; 75 PAOT capacity; lower cost public use.

4.

Buffalo Corral—LACA Lot 84

• Campground, equestrian; 25 PAOT capacity.

5.

Buttonshell Beach—LACA Lot 65

• Pier, docks and similar facilities.

• Youth camp with related upland support facilities listed in Section 22.46.130; 450 PAOT capacity.

6.

Cherry Cove/Valley—LACA Lot 98

• Pier, docks and similar facilities.

• Youth camp with related upland support facilities listed in Section 22.46.130; 375 PAOT capacity.

7.

Cottonwood Cove—LACA Lot 58

• Interpretive signs and displays.

8.

Eagle's Nest—LACA Lot 42

• Campground, improved; 20 PAOT capacity; lower cost public use.

• Picnic area.

9.

Gallagher Beach—LACA Lot 17

• Pier, docks and similar facilities.

• Youth camp with related upland support facilities listed in Section 22.46.130; 210 PAOT capacity.

10.

Little Geiger Cove—LACA Lot 98

• Yacht club with upland support facilities for recreational boating listed in Section 22.46.130.

11.

Little Gibraltar Harbor (Steadman Cove)—LACA Lot 67

• Youth camp with related upland support facilities listed in Section 2.46.130; 27 PAOT capacity.

12.

Little Harbor—LACA Lot 59

• Campground, equestrian; 15 PAOT capacity.

• Campground, improved; 200 PAOT capacity; lower cost public use.

13.

Middle Ranch—LACA Lots 39, 40 and 41

• Crops: field, tree, bush, berry and row, including native plant nursery stock.

• Field station for scientific research.

• Raising, grazing, breeding and training of cattle, horses and other equine, including the supplementary feeding of such animals, provided that such grazing is not a part of, nor conducted in conjunction with, any dairy, livestock feed yard or livestock sales yard located on the same premises.

• Ranch.

• Riding academies and stables with the boarding of horses.

14.

Parson's Landing—LACA Lot 100

• Campground, improved; 200 PAOT capacity; lower cost public use.

15.

Rancho Escondido—LACA Lot 60

• Museum for display of Santa Catalina Island artifacts.

• Raising, grazing, breeding and training of cattle, horses and other equine, including the supplementary feeding of such animals, provided that such grazing is not a part of, nor conducted in conjunction with, any dairy, livestock feed yard or livestock sales yard located on the same premises.

• Ranch.

• Riding academies and stables with the boarding of horses.

16.

Ripper's Cove—LACA Lot 82

• Day use activities.

• Interpretive displays and signs.

17.

Shark Harbor—LACA Lot 59

• Campground, primitive; 20 PAOT capacity.

• Parking area.

18.

Starlight Beach—LACA Lot 104

• Campground, primitive; 10 PAOT capacity; boat-in facility.

• Interpretive displays and signs associated with the marine park.

19.

Echo Lake—LACA Lots 63, 66 and 69 (listed as Swain's Canyon in LUP)

• Memorial grove consisting of Santa Catalina Island endemic plants.

20.

Toyon Cove—LACA Lot 52

• Educational, recreational and/or conference facility for overnight use; 300 PAOT capacity.

• Pier, docks and similar facilities.

• Water taxi support facility.

21.

Toyon/Haypress Junction—LACA Lots 16, 18, and 19

• Arboretum or horticultural garden.

• Campground, improved; 100 PAOT capacity; lower cost public use.

• Entry gate kiosk.

• Interpretive displays and signs.

• Ranger station.

• Visitor center, 1,000 square feet floor area maximum.

22.

Johnson's Landing—LACA Lot 100

• Youth camp with related upland support facilities listed in Section 22.46.130; 375 PAOT total capacity combined with Lot 99.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in the Open Space/Conservation District may be used for the following:

• Accessory buildings, structures and uses customarily used in conjunction with the main building or use of the property.

• Accessory uses and facilities incidental to equestrian campgrounds include, but are not limited to, corrals, tie-ups and water troughs for horses as well as improved campground facilities for riders and other similar facilities.

• Accessory uses and facilities incidental to improved campgrounds include, but are not limited to, authorized fire rings, graded road access, privies or water-operated toilets, cleared tent spaces, tables, interpretive and informational signs, drinking water, group camping areas and trash receptacles and other similar facilities.

• Accessory uses and facilities incidental to lodges, hotels or inns include, but are not limited to, bars, cafes, cocktail lounges, dining rooms, gift shops, restaurants, housing for lodge employees and visitor-serving retail.

• Accessory uses and facilities incidental to passive recreation uses include, but are not limited to, nature observation, photography, sunbathing and other similar uses.

• Accessory uses and facilities incidental to primitive campgrounds include, but are not limited to, authorized fire rings, trail access, limited vegetation removal, privies, small cleared sleeping areas and interpretive and informational signs and other similar facilities.

• Accessory uses and facilities incidental to yacht club upland support facilities include, but are not limited to:

• Active recreation facilities such as sand volleyball courts and swimming docks.

• Chemical toilets maintained in accordance with Chapter 11.38 of Title 11 of the Los Angeles County Code.

• Decks or platforms not more than 30 inches above grade with less than 400 square feet in area.

• Flag poles under 15 feet in height.

• Pergolas and other shade-providing structures with less than 400 square feet in area.

• Picnic areas including tables and outdoor cooking facilities.

• Improved campgrounds.

• Storage sheds having an area of less than 120 square feet.

• Accessory uses and facilities incidental to youth camp or educational institution upland support facilities include:

• Administration offices; camp supplies sales, craft shops, infirmaries and other similar ancillary facilities.

• Educational and recreational activities and facilities.

• Residential uses including tent platforms, dormitories for campers and staff, camp Director's dwelling unit and caretaker's dwelling unit; dining and service/maintenance areas and buildings.

• Water-related sports facilities.

• Animals, domestic and wild, maintained or kept as pets for personal use provided in Part 3 of Chapter 22.52.

• Building materials, storage of, used in the construction of a building project, during the construction and 30 days thereafter, including the contractor's temporary office, provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site.

• Signs.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

If site plans are first submitted to and approved by the Director, property in the Open Space/Conservation District may be used for the following uses:

A.

District-wide.

• Grading, excavation or fill, not to exceed 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Maintenance and minor expansion of existing facilities permitted in the open space/conservation district provided that such activities do not increase the floor area, height or bulk of the existing facility by more than 10 percent.

• Privies.

• Temporary housing for construction workers and other similar persons not permanently employed on Santa Catalina Island. Such housing may consist of a mobilehome or recreational vehicle which shall be removed from the site prior to the end of 12 months from the date of approval unless a request for an extension has been submitted to and granted by the Director. An extension, not to exceed an additional 12 months, may be granted if the Director finds that there is a documented need for continuation of the use and that there has been no adverse environmental impact associated with the use. Such housing shall be located at the actual construction or work site unless the Director finds that the site is unsuitable for temporary housing because it would require excessive site preparation or would have other significant adverse environmental impacts, in which case the closest alternate location may be used that is more protective of resources. Temporary housing may not displace campgrounds or hostels.

• Youth camps, increased capacities; as provided in Section 22.46.160.G.

B.

In addition to the uses listed in Subsection A of this Section, property in the following areas may also be used for the following uses specified for each of the following areas:

1.

Airport Hub—LACA Lot 71

• Dwelling units for persons employed and deriving a major portion of their income within the land use district, if occupied by such persons and their immediate families.

• Lodge, hotel or inn including associated commercial services; 50 guest room maximum.

• Youth hostel.

2.

Black Jack—LACA Lot 63

• Ranger station.

3.

Eagle's Nest—LACA Lot 42

• Dwelling units for persons employed and deriving a major portion of their income within the land use district, if occupied by such persons and their immediate families.

• Lodge, hotel or inn including associated commercial services; 50 guest room maximum.

4.

Little Harbor—LACA Lot 59

• Ranger station and dwelling units for campground and range management personnel.

5.

Middle Ranch—LACA Lot 39, 40 and 41

• Dwelling units for persons employed and deriving a major portion of their income within the land use district, if occupied by such persons and their immediate families.

• Lodge, hotel or inn including associated commercial services; 50 guest room maximum.

• Noncommercial rooming house for scientists, interns and guests.

6.

Rancho Escondido—LACA Lot 60

• Dwelling units for persons employed and deriving a major portion of their income within the land use district, if occupied by such persons and their immediate families.

• Dwelling units for the property owner.

• Lodge, hotel or inn including associated commercial services; 50 guest room maximum.

• Rodeos and similar special events.

7.

Toyon/Haypress Junction—LACA Lots 16, 18 and 19

• Dwelling units for persons employed and deriving a major portion of their income within the land use district, if occupied by such persons and their immediate families.

• Parking area.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in the Open Space/Conservation District may be used for:

A.

The following uses in the areas specified, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of the permit for:

1.

District-wide.

• Borrow pits, provided the excavation does not cause adverse impacts on the environment and that the excavated material is used within the land use district and not sold for commercial purposes.

• Buildings, nonresidential, exceeding 400 square feet in floor area.

• Communication equipment buildings, with accessory antennas, subject to the provisions of Section 22.46.520 relating to view protection.

• Educational and scientific research facilities.

• Electric distribution and transmission substations, including microwave facilities used in conjunction therewith.

• Flood Control facilities.

• Grading, excavation or fill, exceeding 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Publicly owned or operated uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this Section.

• Telephone repeater stations.

• Water reservoirs, dams, treatment plants, gaging stations, pumping stations, tanks, wells, and any use normal and appurtenant to the storage and distribution of water, including water reclamation and desalinization facilities.

2.

In addition to the uses listed in Subsection A.1 of this Section, a conditional use permit may be applied for the uses specified in each of the following areas:

(a)

Airport Hub—LACA Lot 71

• Airport, and associated aircraft and passenger services, with a maximum capacity of 400 planes to be accommodated overnight.

(b)

Well's Beach Uplands—LACA Lot 97

• Waste disposal facility.

B.

The following uses provided the specified permit has first been obtained and while such permit is in full force and effect and in conformity with the conditions of such permit for:

• Temporary uses, as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

In addition to the standards applicable to all property on Santa Catalina Island, the following apply specifically to the open space/conservation district:

A.

Campgrounds.

• Campground designation for lower cost public use shall be available to all members of the general public, irrespective of group affiliation. A user fee shall be established to accommodate persons of lower income (80 percent or below median income of Los Angeles County); this fee may be modified annually based on changes in the consumer price index or other similar economic indicator for the Los Angeles metropolitan area.

• The PAOT capacities, which refer to persons staying overnight, for the campgrounds in this district may be exceeded no more than five days in any 30 day period subject to the approval of Parks and Recreation and the Santa Catalina Island Conservancy. Such approval shall be granted when findings are made that the use will not adversely affect public health, safety or the environmental resources of the area.

B.

Day-use only areas shall be restricted to use beginning one hour before sunrise and ending one hour after sunset. No overnight camping or other nighttime uses are allowed.

C.

Dwelling units for employees shall be limited to the existing units at each site unless the Director verifies a need for additional housing for essential on-site staff and finds that any additional dwelling units will not adversely affect the environment. The Director may approve up to five additional units over those existing in August 1989 as a use subject to Director's review, based on a verified need for essential on-site staff, available water and conformity with the resource provisions of this plan.

D.

Fencing to protect plant and animal habitats shall be designed to assure continued access along designated trails and roads.

E.

Lodges shall have an architectural style that achieves a rustic appearance through the use of rough-sawn wood, stonework, masonry, rough-finished plaster or similar exterior finishes which are compatible with a rural setting. The architectural style of the lodges, which shall not exceed a height of 35 feet, shall be compatible with the rural environment and existing buildings. A user fee shall be established to accommodate persons of low or moderate income (120 percent or below median income of Los Angeles County); this fee may be modified annually based on changes in the consumer price index or other similar economic indicator for the Los Angeles metropolitan area.

F.

Upland shoreline lease area support facilities.

• Development shall be located a minimum of 150 feet from the mean high tide line; if this standard is impractical because of topography or other environmental constraints, the Director may allow development to within 25 feet of the mean tide line or the inland extent of any beach, whichever is greater.

• Development shall be sited to be compatible with the public use of the beach or shoreline by preserving sufficient areas for public access and recreation.

• No structure shall be allowed on hillsides having a slope exceeding 30 percent.

• On hillsides having a slope exceeding 15 percent, all graded areas shall be planted and maintained for erosion control and visual enhancement purposes to screen or soften the visual impact of any cut and fill slopes. In addition, grading plans shall be revised to reduce visible height of cuts and fills and changes in cove geometry.

G.

Youth camp PAOT capacities for each site may be expanded if there is a verified need, if there are no adverse impacts on the island's resources and if the expansion would not require a substantial increase in water usage that would adversely impact the island's water supply. Such requests to increase youth camp capacities shall be accompanied by a master plan as described in Subsection H of Section 22.46.550 and shall be subject to review and approval of the Director.

H.

Ben Weston Beach—LACA Lots 43 and 44

• Campground, primitive; 50 PAOT capacity; lower cost public use.

• The sensitive sand dune plant community shall be protected by prohibiting all development within the sand dunes and other measures as may be necessary including, but not limited to fencing or erecting signs along the periphery of the dune area informing people that the dunes are not to be entered.

• The parking area shall be located at least 250 feet from the mean high tide line.

I.

Cottonwood Canyon—LACA Lots 59, 60, 61, 62 and 69

• Any development between 100 and 250 feet of the edge of the riparian vegetation shall mitigate possible adverse effects such as siltation, run-off and pollution.

• There shall be no new development, except water wells developed in conformance with Sections 22.46.470 and 22.46.730; within 100 feet of the edge of riparian vegetation.

J.

Cottonwood Cove—LACA Lot 58

• Use of this area shall be restricted to daylight hours only.

K.

Rancho Escondido—LACA Lot 60; Middle Ranch—LACA Lots 39, 40, and 41

• Agricultural operations shall not exceed 200 acres at any one time for LACA Lots 39, 40, and 60 combined.

L.

Sweetwater Canyon—LACA Lots 42, 43, 44, 45 and 46

• There shall be no new development, except water wells developed in conformance with Sections 22.46.470 and 22.46.730, within 100 feet of the edge of riparian vegetation.

• Any development between 100 and 250 feet of the edge of the riparian vegetation shall mitigate possible adverse effects such as siltation, run-off and pollution.

M.

Goat Harbor—LACA Lot 67

• Campground, primitive; 10 PAOT capacity; boat-in facility.

N.

Italian Gardens—LACA Lot 65

• Campground, primitive; 10 PAOT capacity; boat-in facility.

O.

Willow Cove—LACA Lot 52

• Campground, primitive; 10 PAOT capacity; boat-in facility.

P.

All off-shore rocks and islets

• Restricted to use as marine preserves and/or maintained for scientific research and education.

• Uses requiring a Director's review and approval or a conditional use permit listed in Section 22.46.140 and Section 22.46.150.A.1 are allowed only if they are compatible with the marine preserve designation.

Q.

State jurisdiction in specified area

• Piers, docks and any other development proposed or undertaken on any tidelands, submerged lands or on public trust lands, whether filled or unfilled, lying within the coastal zone require approval by the Coastal Commission. Such development which extends landward of the mean high tide line also requires the approval of the County.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Lots 88 and 89 of LACA Map No. 59.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

The Two Harbors Resort Village District is established to provide a planned service resort community that contains the commercial, marine and public services and facilities for tourists, recreational boaters, campers, residents, support/service employees and persons associated with marine education and scientific research. This district also recognizes the function of Two Harbors as a main entry point to Santa Catalina Island. The ultimate use in the Two Harbors Resort Village District is a planned mixed-use community. Within the District are specified subdistricts which provide the necessary locations and uses to implement a planned community. The majority of development will occur after compliance with the detailed requirements of Section 22.46.220.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Property in the Two Harbors Resort Village District may be used for the following district-wide uses:

• Roads, pedestrian walkways and other accessways.

B.

Property in the subdistricts listed below may be used for the following planned community uses specified for each of the subdistricts, provided the required information, standards, conditions and procedures, with the exception of filing a conditional use permit, contained in Section 22.46.220.A are submitted with the development application:

1.

Conservation/recreation

• Beaches and associated active recreation uses.

• Pier, docks and similar facilities.

• Range management activities necessary for the maintenance and restoration of biotic and habitat communities.

• Recreational boating facilities including rental, storage and maintenance of boats, canoes, etc.

• Riding and hiking trails, excluding trails for motor vehicles.

• Watershed, water recharge and percolation areas.

• Wildlife, nature, forest and marine preserves and sanctuaries.

2.

Open space/recreation

(a)

Campground/hostel.

• Beaches and associated active recreation uses.

• Campgrounds, improved; 200 PAOT total capacity; Little Fisherman's Cove is designated lower cost public use.

• Picnic areas.

• Riding and hiking trails, excluding trails for motor vehicles.

• Youth hostels; 150 PAOT total capacity.

(b)

Recreational boating.

• Beaches and associated active recreation uses.

• Docks and similar facilities.

• Recreational boating facilities including rental, storage and maintenance of boats, canoes, etc.

(c)

Boat storage/launch area.

• Launching apparatus, including ramps.

• Piers, docks and similar facilities.

3.

View corridor

• Arboretum and horticultural gardens.

• Athletic fields.

• Beaches and associated active recreation uses.

• Comfort stations including accessory shower and laundry facilities.

• Historical monuments and cultural heritage sites.

• Parks, public places or squares and playgrounds with appurtenant facilities.

• Piers, docks and similar facilities.

• Riding and hiking trails, excluding trails for motor vehicles.

• Wildlife, nature, forest and marine preserves and sanctuaries.

4.

Resort/commercial

(a)

Lodges/inns.

• Lodges, hotels or inns and associated commercial services including gift shops, restaurants and bars; 500 guest rooms maximum.

(b)

Commercial.

• Commercial services.

• Offices, business and professional.

• Retail stores.

(c)

Marine commercial.

• Bait shops.

• Fishing equipment sales, rental and repair.

• Marine equipment, parts and accessories.

5.

Residential

• Apartment houses.

• Mobilehome parks.

• Residences, single-family.

• Residences, two-family.

• Townhouses.

6.

Industrial/transportation

• Barge ramp.

• Piers, docks and similar facilities.

• Transportation center including bus station, vehicle parking, vehicle repair and taxi stand.

7.

Utilities/services

• Electric distribution and transmission substation, including microwave facility used in conjunction therewith.

• Public works, corporate and utility maintenance and repair shops and storage yards.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in the Two Harbors Resort Village District may be used for the following:

• Accessory buildings, structures and uses customarily used in conjunction with the main building or use of the property.

• Accessory uses and facilities associated with active recreation uses include, but are not limited to, passive recreation uses, picnic tables, sand volleyball courts, swimming docks and other similar facilities.

• Animals, domestic and wild, maintained or kept as pets for personal use provided in Part 3 of Chapter 22.52.

• Building materials, storage of, used in the construction of a building or building project, during the construction and 30 days thereafter, including the contractor's temporary office, provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site.

• Signs.

• Yacht club upland support facilities include the same uses listed in Section 22.46.130.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

If site plans are first submitted to and approved by the Director, property in the Two Harbors Resort Village District may be used for the following uses:

• Grading, excavation or fill, not to exceed 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Maintenance and minor expansion of existing facilities permitted in the Two Harbors Resort Village District, provided that such activities do not increase the floor area, height or bulk of the existing facility by more than 10 percent.

• Temporary housing for construction workers and other similar persons not permanently employed on Santa Catalina Island. Such housing may consist of a mobilehome or recreational vehicle which shall be removed from the site prior to the end of 12 months from the date of approval unless a request for an extension has been submitted to and granted by the Director. An extension, not to exceed an additional 12 months, may be granted if the Director finds that there is a documented need for continuation of the use and that there has been no adverse environmental impact associated with the use. Such housing shall be located at the actual construction or work site unless the Director finds that the site is unsuitable for temporary housing because it would require excessive site preparation or would have other significant adverse environmental impacts, in which case the closest alternate location may be used that is more protective of resources. Temporary housing may not displace campgrounds or hostels.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in the Two Harbors Resort Village District may be used for:

A.

The uses listed in Subsection B of this Section for each of the specified land use categories, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56 and while such permit is in full force and effect in conformity with the conditions of the permit. Exemption provisions contained in Section 22.56.215.C shall not apply. In addition to the requirements of Part 1 of Chapter 22.56, the permit shall also be subject to all of the following provisions:

1.

Access Requirements. In order to provide continued public access, retain open spaces for recreation uses and allow interim development as described in Subsection A.4, the property owner, lease holder, or other such person who proposes development within the Two Harbors Resort Village District shall comply with either the access dedication/reservation criteria contained in Sections 22.46.650 through 22.46.700 or the development agreement provisions listed below:

(a)

Prior to any new development, an application for a development agreement shall be filed pursuant to Part 4 of Chapter 22.16 of this Code. Construction of such development may not commence nor shall land division maps or waivers be filed in the Office of the County Recorder until the executed development agreement is recorded and the ordinance approving said agreement is effective. Such ordinance shall not become effective until it has been certified by the Coastal Commission as an amendment to the LCP.

(b)

In addition to the requirements of Sections 22.16.320 and 22.16.330, the development agreement shall contain a map, drawn to a scale of 1" = 200' or larger showing:

(i)

The location and width of all accessways, beaches, recreation areas and open spaces which are currently available to the public; and

(ii)

The location, floor area, height, use, and, where applicable, the occupant load of all existing and proposed structures.

(c)

The development agreement shall also contain a guarantee that the public will have the right to enter on and use the land identified in the map required by Subsection (i) above for recreational and open space uses. The owner, lease-holder or facility operator shall have the right to charge and impose reasonable fees for such entry and use and to impose reasonable conditions, limitations and restrictions that are necessary for the management and protection of the land; however, such actions shall not unduly or unreasonably impair the public entry and use of the land.

2.

Design Review. Architectural renderings and plans shall be submitted for review and approval by the County. Such materials shall include perspective drawings which show the visual impact on the area in general, with particular emphasis on the view corridor. In the design review process, the County shall ensure that the architectural style is compatible in scale and design with the natural features and existing approved development. The design review process shall also ensure that the project complies with relevant development standards contained in Section 22.46.230.

3.

Tentative Division of Land Map. A tentative map shall be filed when required by Title 21 of this Code. When a tentative map is not required, a plot plan shall be filed indicating the precise location, width and type of improvements for streets and pedestrian walks, and shall also indicate the use, location, size and height of all structures. The tentative map or plot plan shall also show the precise location of the boundary lines of all land use categories listed in Subsection B which are contained in the proposed development; the area of each category shall also be calculated and shown on the plan.

4.

Conditions Precedent to Development. In order to adequately assess and mitigate the impacts associated with proposed development at Two Harbors, the materials and information contained in this Subsection A.4 shall be submitted to and approved by the County as part of the coastal development permit process prior to issuing permits for new construction. However, interim development which does not exceed the following amounts is exempt from this requirement, except that any interim development within the watershed of Catalina Harbor shall comply with Subsection b below. Interim development shall be approved only if the Director finds that the development will not reduce access to the beach and shoreline that is presently available to the general public and it shall not prejudice the County's ability to develop the access and open space areas of the plan, develop a circulation plan, preserve Catalina Harbor, reduce incompatible development or otherwise carry out the LUP in Two Harbors.

• 20 resort dwelling units, 40 support (employee) dwelling units or any combination of the two not exceeding 40 units.

• 2,000 square feet of commercial floor area.

• 30 hostel beds, 50 PAOT campground and 80 lodge/inn rooms.

• Removal of existing nonconforming structures and relocation/reconstruction of such structures in authorized land use categories. The floor area of the relocated or reconstructed structures may be 25 percent greater than the floor area of the existing nonconforming structure.

The reports and studies required by this Subsection should be scaled to the amount and intensity of development proposed; additional supplemental reports shall be required as applications for subsequent development are submitted. Required actions or mitigation measures suggested by these studies and approved by the County shall be made conditions of approval of the coastal development permit. Except that the Catalina Harbor study shall be required only when development is proposed in any areas which drain into said harbor.

(a)

Bicycle and Pedestrian Circulation. A bicycle and pedestrian circulation plan shall be prepared which shows the location and design of bikeways and pedestrian walkways providing access to the Two Harbors area. This plan shall comply with applicable access and circulation provisions of Sections 22.46.580 through 22.46.700 of this Specific Plan.

(b)

Catalina Harbor. A formal study of the marine resources in Catalina Harbor shall be completed prior to commencement of the development of any areas which drain into Catalina Harbor. The general objectives and outline of the study shall be designed to accomplish the goals outlined in Appendix C, "A Study of the Marine Environment of Catalina Harbor, Santa Catalina Island, California, with Reference to a Proposed Residential-Recreational Development." The study shall establish criteria to guide construction and grading in a manner which protects the Catalina Harbor marine habitat. This study will identify appropriate mitigation measures, establish an impact monitoring program and determine under what circumstances harbor dredging can occur in order to maintain existing boat moorings while safeguarding the viability of the unique mudbottom habitat.

(c)

Existing Incompatible Development. The developer shall submit a schedule/plan which shows how existing development which is incompatible with the certified land use plan will be phased out as new development occurs. Development is considered incompatible if it is located in areas shown on the Two Harbors land use plan where the particular land use category does not permit the existing use; existing uses and structures which do not conform to applicable development standards are considered incompatible. Existing incompatible residential development shall not be removed until adequate compatible residential development has been completed and is available for occupancy. For the purposes of this Subsection, the Old Union Army Barracks or the Banning Residence and Cottages are not considered incompatible development.

(d)

Open Space. Appropriate areas designated as view-corridor and conservation/recreation on Maps 13A and 13B shall be identified on the tentative map or plot plan as reserved for public access or, in the hillside conservation recreation area, reserved for view and habitat protection. Reservation of the right of public access to these shoreline and trails areas and other open space areas shall be made a condition of approval of development. If the development is planned in phases, it shall be designed so that each successive phase will contain sufficient amounts of open space in the view corridor and conservation/recreation categories that is found to be necessary, pursuant to Sections 22.46.650 through 22.46.670 to mitigate the impacts associated with the development which is being considered by that particular phase. Beach and road areas currently in use by the general public shall be included in initial dedications or protected by interim agreements so that no development reduces areas open to the general public. Such reservation shall be secured in accordance with the procedures contained in Section 22.46.680 and shall be by public dedication, establishment of a maintenance district or other means satisfactory to the Director, to insure the permanent reservation of and, where appropriate, perpetual maintenance of the areas. If the development is determined to be a subdivision, open space areas shall be so identified by appropriate notation on the final map or by separate instrument in conjunction with a parcel map, or grant of waiver and certificate of compliance. The reservation of open space and public access shall be in an amount and utilize such methods (e.g., trails, roadway corridors, view and habitat protection areas, areas designated for density transfer, geologically unstable areas, etc.) which the County finds are necessary to maintain existing beach, road and recreation areas, to provide sufficient public areas for recreation, to carry out the purposes of the plan for concentration of development and other purposes to serve the proposed medium density community and major tourist attraction.

(e)

Operation and Maintenance Expenses. A report discussing the methods of financing the continued operation and maintenance of open space areas, streets and other similar facilities shall be prepared by the developer. In addition, the report shall review alternative programs to finance station facilities, equipment and staffing for fire and sheriff protection, emergency medical services and other urban services including library, sanitation, etc. shall be evaluated. Such programs may include benefit assessment districts, subdivision extractions and other development surcharges. Prior to commencement of development in the Isthmus/Two Harbors area, an appropriate financing mechanism shall be formulated and implemented so that necessary services will be available as development takes place. This program shall be adopted as an amendment to the Specific Plan.

(f)

Landscaping. A plan for landscaping all open areas including the view corridor shall be prepared by a licensed landscape architect. Such plans shall preserve existing trees and native vegetation when possible. Plant materials shall be used to integrate the manmade and natural environments, to screen or soften visual impacts of new developments and to provide diversity within developed areas. The landscaping plan shall be adopted as an amendment to the Specific Plan.

(g)

School Site. The developer shall provide a 3 1/2 acre school site for the Long Beach Unified School District in the area shown on Map #13A in Appendix D or other suitable alternative site approved by the school district and Director, when the district finds that such site is required to serve the educational needs of the Two Harbors area. The school site and the timing of the dedication shall be subject to approval by the Long Beach Unified School District and shall be adopted as an amendment to the Specific Plan.

(h)

Signs. A sign program shall be prepared by the developer which recognizes the pedestrian orientation and architectural style of the Two Harbors area. This program shall be sufficiently detailed to regulate the size, amount, height, spacing, lighting and types of signs allowed for commercial, directional and interpretive uses. The guiding principles of the sign program are that signs should be small, few in number, unlighted or of low intensity lighting and designed to be compatible with the surrounding development. The sign program shall be adopted as an amendment to the Specific Plan.

(i)

Transportation. A study shall be prepared by a traffic engineer which investigates the need for additional or improved transportation facilities between Avalon and Two Harbors. If the study indicates there is a need for enhanced access between the two communities, the possibility of improving Airport Road and Empire Landing Road to provide better access for emergency vehicles and to reduce traffic through Middle Canyon and other hiking areas should be evaluated. Such study should investigate alternate modes of transportation including, but not limited to, high occupancy motor vehicles, water transportation and helicopters. The study should also focus on ways to reduce the traffic between Two Harbors and, thus, reduce the need for additional roads in the interior of the island. The study shall make recommendations for improving the transportation linkages between Avalon and Two Harbors. Development at Two Harbors will be contingent upon the certification of an amendment to the Specific Plan containing a transportation plan and phased implementation of necessary transportation improvements.

(j)

Vehicle Control. A vehicle control ordinance shall be prepared by the developer which regulates the type, size and number of vehicles allowed in the Two Harbors area. The use of motor vehicles shall be minimized and shall be limited to emergency, service, group and public transportation uses. Residents shall be permitted one golf cart or similar small vehicle per dwelling unit. The provisions of this ordinance shall also address parking requirements for private "golf cart" type vehicles, service vehicles and transit vehicles. The ordinance shall be submitted to the County for review and certified as an amendment to the Specific Plan. Additional motor vehicles associated with new uses shall be regulated through the coastal development permit process until the permanent ordinance regulating vehicles is adopted.

(k)

Water and Utility. A water, waste disposal and utility service availability report shall be prepared by the developer that is consistent with the requirements of Sections 22.46.720, 22.46.730, 22.46.740, and 22.46.750. Prior to development, except as provided under the interim development standards of this plan, the detailed water, utility and waste disposal plan consistent with Section 13511 of the California Code of Regulations shall be certified as an amendment to the Specific Plan.

5.

Development Potential and Phasing Schedule. The maximum allowable development in the Two Harbors area shall be limited to the following area and capacity amounts and shall be developed according to the phasing schedule contained in this Subsection.

(a)

Land Use Category Area Restrictions.

(i)

(ii)

If portions of the 128 residential acres are found not to be developable, dwelling units may be transferred to three designated receiver areas shown on Map #14B in Appendix D provided that development does not occur on the donor areas and the total number of residential acres remains 128. Development in donor areas shall be prohibited by placing a note on the land division map dedicating construction rights to the County or by such other method approved by the Director that prevents development in the donor areas.

(b)

Residential and Commercial Capacities.

(i)

(ii)

The 650 employee dwelling units may be exceeded, but only if the number of resort dwelling units is reduced by the same number. The employee dwelling units shall be reserved for persons, including their immediate families, employed and deriving a major portion of their income on Santa Catalina Island. The term "employee housing" is used here in the same context as "support housing" is used in the LUP; "resort housing" refers to dwelling units that are not reserved for any special group of persons but are available to anyone.

(c)

Resort Residential-Visitor Serving Accommodations Phasing Schedule.

(i)

The following phasing schedule indicates the amounts of visitor-serving facilities that must be provided as the quarterly buildout thresholds are reached; this schedule does not imply that the resort residential development is required to be built in four equal phases:

(ii)

The resort dwelling units authorized by this schedule may not be occupied until all of the corresponding visitor-serving accommodations are constructed and available for use.

B.

Conditional use permit uses listed by land use category:

1.

Conservation/Recreation.

• Residential uses in designated receiver areas subject to all applicable provisions pertaining to residential uses in this district.

• Yacht clubs with upland support facilities for recreational boating listed in Section 22.46.130.

2.

Open Space/Recreation.

(a)

Recreational Boating.

• Docks and similar facilities.

• Recreational boating facilities including rental, storage and maintenance of boats, canoes, etc.

(b)

Boat Storage/Launch Area.

• Recreational boat storage yard including pigeon hole-type storage facility.

3.

View Corridor.

• Amphitheater.

• Community center including administrative offices, information center and interpretive displays.

• School.

• Sewage pumping station.

• Visitor information and passenger ticketing and staging facility; located near the Isthmus Cove pier.

4.

Resort/Commercial.

(a)

Lodges/Inns.

• Campgrounds, 50 PAOT capacity as an interim use not considered as one of the campgrounds required by the phasing schedule.

(b)

Commercial.

• Churches, temples or other places used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith.

(c)

Marine Commercial.

• Boat sales and service.

• Boat storage.

5.

Residential.

• Density controlled developments.

6.

Industrial/Transportation.

• Heliport.

• Seaplane landing and storage facility.

7.

Utilities/Services.

• Storage tanks for natural gas, LPG or similar fuels necessary for the Two Harbors Resort Village District.

• Water storage tanks and uses normal and appurtenant to the storage and distribution of water, including water reclamation and desalinization facilities.

• Wastewater treatment facilities including reclamation ponds.

8.

District-wide.

• Communication equipment buildings, with accessory antennas, subject to the provisions of Section 22.46.520 relating to view protection.

• Flood Control facilities.

• Grading, excavation or fill, exceeding 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Publicly owned or operated uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this Section.

• Sewage pumpout stations for use by recreational boaters; one each serving Catalina Harbor and Isthmus Cove.

C.

The following uses provided the specified permit has been obtained and while such permit is in full force and effect and in conformity with the conditions of such permit for:

• Temporary uses, as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

In addition to the standards applicable to all property on Santa Catalina Island, the development standards contained in this Subsection apply specifically to the Two Harbors Resort Village District. In lieu of the architectural features contained in Subsections B.2 and C, the developer may submit a comprehensive architectural concept plan that will implement the intent of this Subsection. Such architectural concept plan shall be subject to the approval of the County and shall be based on a review of the intent provisions contained in Subsection B.1 and the LUP, not the specific architectural features contained in Subsection B.2 or C. The concept plan shall contain design guidelines and specifications for architectural accents, building materials, colors, fences and walls, height limits, landscaping, paving materials, roof treatments, styles and surface materials. This plan shall be sufficiently detailed to allow the County to thoroughly evaluate new development proposals in the design review process. After review and approval by the County, such guidelines and specifications shall be certified as an amendment to the Specific Plan.

B.

District-wide. These provisions shall apply to the entire District unless superceded by specific land use category standards which differ from these provisions.

1.

Intent.

(a)

Two Harbors will serve visitors as a major entry port to the island. In addition, it will be a medium density residential development with commercial and light industrial uses to serve the residents and visitors. The low-rise development will be harmonious with the terrain and enhanced by landscaping. The view corridor will provide an open area for enhanced views of the harbors.

(b)

The Two Harbors development will be clustered around an open public area. The village look will be enhanced by restricting motor vehicles and encouraging pedestrian traffic throughout the new development.

(c)

A limited variety of architectural styles will be permitted in the new development. Large impermeable paving surfaces are discouraged and loose paving, defining more informal paths, is advocated. Materials, color and forms must actually express what they are and not imitate other materials (such as tin, tile, wood, sheet metal, etc.). The use of wood as the basic building material is encouraged to achieve an overall harmonious architectural theme. In this hilly country, roofs will often be seen from above; the form and color of roofs are important to the aesthetics of the development.

(d)

These standards shall be applied to all development within the Two Harbors Resort Village District. Additional standards for individual land use categories are listed after the district wide standards. Illustrations and diagrams depicting examples of these standards are contained in Appendix F.

2.

Architectural Features. These features are intended as guidelines rather than absolute standards. They are included as suggestions to achieve a sense of architectural continuity and design harmony in Two Harbors.

(a)

Colors. Colors should be light in tone.

(b)

Continuous Walls. All exterior walls should contain turns, angles, indentations, recessed or projecting window frames, planters, tile work, etc., to prevent monotonous unbroken surfaces.

(c)

Paving Materials. Pedestrian paths, patios and driveways should be paved with brick, stone, shell, tile or individual concrete units separated by permeable spaces.

(d)

Permitted Styles. Permitted styles should be limited; the following styles, termed Mediterranean, Victorian, and Stone Rustic are suggested. Each of these styles have suggested surface materials. In addition, each style has recommended architectural details.

• Victorian style has a painted wooden clapboarding for walls. Roof shall be fire resistant shingles.

• Mediterranean style has stucco or plaster walls. Roofs shall be of red clay tile.

• Stone Rustic style to have walls primarily of rough stone indigenous to Catalina but walls may have some exposed wood. Roofs shall be fire resistant shingles.

(e)

Roof Angles. Pitched roofs are preferred; flat roofs may be used when designed for outdoor living space or roof gardens.

(f)

Roof Material. Shingles of a natural color or clay tile of an approved color are permitted and shall be fire resistant.

(g)

Surface Materials. Stone, stucco, and wood are permitted as dominant surface materials. Other materials may be permitted only when shown to be harmonious with the dominant prevailing surfaces and style.

3.

Building Restrictions.

(a)

Catalina Harbor. A 100 meter buffer zone shall be established around the perimeter of Catalina Harbor as shown on Map #13A in Appendix D. No new development shall be allowed within this buffer zone other than the land uses identified on the Two Harbors Land Use Map (Map #13A, Appendix D) and limited drainage control devices consistent with the hazard, marine and land environment policies of the LUP, provided that such devices cannot reasonably be located outside the buffer zone.

(b)

Drainage Courses. Drainage courses shall be left in their natural state. No building shall be permitted within 20 feet of the bank of the drainage course. The drainage course bank is considered that portion of the land at the top of the slope rising up from the streambed or that portion outside of the 50-year flood hazard area as determined by a registered civil engineer. Any road or trail which crosses a drainage course shall be constructed so as to not interfere with the flow of water.

(c)

Maximum Allowable Slopes. Development shall not occur on slopes of greater than 30 percent. Minor intrusions of 10 percent of the developable areas may be permitted in areas up to 40 percent slope provided development conforms to all other standards.

4.

Site Design Requirements.

(a)

Height Limits. Buildings shall not exceed 28 feet maximum height. Within 300 feet of mean high tide line, height will not exceed 14 feet.

(b)

Landscaping. Landscaping shall be integrated into the design of each development and continuously maintained. Plant materials shall be selected from the list contained in Appendix A. Alternate materials, including non-native ornamental plants adapted to a summer drought (Mediterranean) climate, may be used in areas developed with urban uses.

(c)

Lot Area: 5,000 square feet.

(d)

Lot Coverage: 50 percent.

(e)

Lot Width: 50 feet.

(f)

Parking. Parking requirements shall be based on the vehicle control ordinance prepared by the developer and approved by the County. In the absence of such an ordinance, the Hearing Officer shall determine the location and amount of parking spaces sufficient to accommodate residents, employees, customers and service vehicles.

(g)

Rooftop Drainage. Buildings shall be designed in such a fashion that rainwater will be collected and funneled to a common location away from developed sites in order to prevent absorption into hillside expansive soils. Drainage plans shall be submitted to and approved by Public Works.

(h)

Service Area Screening. Service areas shall have screen walls or combination landscaped berms and walls to screen the service area.

(i)

View Protection. Residences and other structures shall be sited to take advantage of the view and shall be designed to minimize the obstruction of special views from a neighboring dwelling and views to the shoreline or of special geographic features from the view corridor, public roads and pedestrian walks.

5.

State-Jurisdiction in Specified Areas.

• Piers, docks and any other development proposed or undertaken on any tidelands, submerged lands or on public trust lands, whether filled or unfilled, lying within the coastal zone require approval by the Coastal Commission. Such development which extends landward of the mean high tide line also requires the approval of the County.

C.

Land Use Categories. Where the specific standards for a particular land use category differ from the district-wide provisions, such standards shall supercede the district-wide provisions.

1.

Conservation/Recreation.

• All new landscaping materials introduced in this area shall be plants native to Santa Catalina Island.

• Yacht club upland shoreline lease area support facilities shall comply with the same development standards as listed in Section 22.46.160.F.

2.

Campground/Hostels.

• Little Fisherman's Cove campground shall comply with the provisions for lower cost public use facilities contained in Section 22.46.160.A.

3.

Recreational Boating.

• Any new yacht club building shall have either wood, stone or stucco surface.

• Building heights shall not exceed 14 feet if within 300 feet of the mean high tide line.

• Yacht club upland shoreline lease area support facilities shall comply with the same development standards as listed in Section 22.46.160.F.

4.

Boat Storage/Launch Area.

• Edges of boat storage areas shall use decorative walls, landscaping or berms for screening purposes.

5.

View Corridor.

• Fences. No fences shall be built except for non-view obscuring fences for security or safety. Open athletic fields are permitted in park.

• Landscaping. Trees shall be planted to screen views of new development adjacent to the corridor. Landscaping materials within the view corridor shall consist of groundcover and low (under three feet in height) growing shrubs; trees shall be species that have narrow trunks and foliage generally above seven feet in height. Landscaping shall be designed and maintained to enhance the views within the corridor and shall not block views of the harbors.

• Monuments. Monuments shall be ground level, consisting of a descriptive brass plate with a stone or concrete surround.

• Park Furniture. Park furniture (benches, trash cans, tables) must be uniform throughout park.

• Paving. Paving shall be constructed of small units, of stone, brick, rock, or concrete with permeable materials between each unit.

• Siting and Location of Structures. As part of the permit process, a site plan for all new buildings proposed in the view corridor shall be developed that shows "buildings framing a broad public open space view corridor." Buildings shall be located consistent with this siting requirement.

• Visitor Information Center. A visitor information center shall be located near the edge of the pier. The long side of this building shall be perpendicular to the mean high tide line.

6.

Lodges/Inns.

• Lot coverage shall not exceed 70 percent.

• 10 percent of net area shall be landscaped and maintained in good condition. Incidental walkways may be developed in landscaped area.

7.

Commercial.

• Coverage of a maximum of 90 percent of lot shall be permitted.

• Service and delivery areas shall be indicated on the required plot plans; all commercial buildings shall provide for employee parking, service vehicle access and trash disposal areas. Enclosures for appropriate size refuse receptacles or compactors shall be provided on-site for each commercial establishment.

• 10 percent of net area shall be landscaped and maintained in good condition. Incidental walkways may be developed in landscaped area.

8.

Marine Commercial.

• Boat yards need not be screened; however, if other yards or storage space exceeding 200 square feet in size are connected with the business, then the yard or storage space must be screened with landscaping. Development shall preserve views of the shoreline.

• Lot coverage and landscaping requirements shall be the same as the commercial category in Subsection C.7 above.

9.

Residential.

• Architectural Features. Factory-built, mobilehome, modular, pre-fabricated or similar type housing for employee dwelling units may have alternate architectural standards where the Director finds that such units are screened and incorporate appropriate design features to integrate them with other residential development in the district. Reflective, glossy, polished and/or roll-formed type metal roofing or siding shall not be permitted.

• Contours. All residential structures shall be built above the 10-foot contour line measured above the mean high tide line.

• Density. Residential land uses to the east and west of the Catalina Harbor buffer zone as shown on Map #14A in Appendix D shall have a density of not more than 19.0 d.u./net acre. Other designated residential areas shall have a density of not more than 22.0 d.u./net acre.

• Lighting. Exterior lighting for residential shall be indirect and incandescent.

• Lot Coverage. Maximum lot coverage shall be 50 percent. The floor area ratio for a lot or parcel of land shall not exceed 1.0.

• Privacy Walls and Fences. Residential walls shall be sited and designed to protect public views but shall be permitted for privacy, security and safety.

• Ridgeline Setbacks. No development will occur within 75 feet of major ridgelines as shown on Map #3 in Appendix D. This does not include roads and paths.

• Setbacks. Dwellings may be built with zero lot lines.

10.

Industrial/Transportation.

• A combination of decorative walls, earth berm and/or landscaping shall be placed around all sides of facilities. The berm and landscaping shall screen a minimum of 95 percent of the area enclosed.

• All paved areas over 40 feet in width shall have a five-foot-wide landscaped buffer where such paved area adjoins a more restrictive land use category.

11.

Utilities/Services.

• All buildings shall be colored to be compatible with the naturally occurring colors of the landscape within a 500-foot radius of the structure.

• All buildings shall be surrounded by a landscaped buffer 20 feet wide; the landscaping shall be similar to the size, type and density of vegetation located in a 1,000-foot radius from the facility.

• Screening of buildings, storage yards and maintenance areas shall be accomplished in a similar fashion as the industrial transportation category in Subsection C.10 above.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Lots 1, 3 and 85 of LACA Map No. 59, and that portion of Lot 2 of Tract No. 8911 recorded in M.B. 118 3-4 bounded on the northwest by the easterly boundary of the City of Avalon and on all other sides by Lot 1 of said LACA Map No. 59.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

This land use district is established to allow for the continuation of existing utility and industrial facilities as well as the siting of new industrial uses, utility services and necessary support facilities for the island. This district also encourages quarry operations which provide important mineral resources for use on the island and on the mainland.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The principal permitted use in the Utility and Industrial District is utility/industrial use.

B.

Property in the Utilities and Industrial District may be used for the following district-wide uses:

• Boat and mooring, maintenance and storage.

• Boat yards, including associated marine commercial services, storage and maintenance.

• Building materials and supplies, sales and storage.

• Desalinization operations for production of domestic water.

• Electric distribution and transmission substations and generating plants, including microwave facilities used in conjunction therewith.

• Piers, docks and similar facilities.

• Storage yards and buildings.

C.

Property in the Pebbly Beach area (LACA Lots 1 and 3) may also be used for the following more intensive industrial and utility uses:

• Blacksmith shops.

• Bulk fuel storage.

• Commercial amphibian airplane facilities and heliports, and associated aircraft and passenger services, including food and beverage services.

• Contractor's equipment, yards and shops.

• Freight barge ramp, terminals and storage facilities.

• Lumber yards.

• Machine shops.

• Maintenance and service facilities.

• Refuse to energy facility.

• Rental yards.

• Sewage treatment plant.

• Truck and bus storage and maintenance facilities.

• Utility station for LPG gas distribution plant.

• Warehousing.

• Welding shops.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in the Utilities and Industrial District may be used for the following:

• Accessory buildings, structures and uses customarily used in conjunction with the main building or use of the property.

• Animals, domestic and wild, maintained or kept as pets for personal use provided in Part 3 of Chapter 22.52.

• Signs.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

If site plans are first submitted to and approved by the Director, property in the Utilities and Industrial District may be used for the following uses:

• Dwelling units for persons employed and deriving a major portion of their income on Santa Catalina Island, if occupied by such persons and their immediate families.

• Grading, excavation or fill, not to exceed 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Information kiosk and/or display.

• Maintenance and minor expansion of existing facilities permitted in the Utilities and Industrial District provided that such activities do not increase the floor area, height or bulk of the existing facility by more than 10 percent.

• Restaurants.

• Temporary housing for construction workers and other similar persons not permanently employed on Santa Catalina Island. Such housing may consist of a mobilehome or recreational vehicle which shall be removed from the site prior to the end of 12 months from the date of approval unless a request for an extension has been submitted to and granted by the Director. An extension, not to exceed an additional 12 months, may be granted if the Director finds that there is a documented need for continuation of the use and that there has been no adverse environmental impact associated with the use. Such housing shall be located at the actual construction or work site unless the Director finds that the site is unsuitable for temporary housing because it would require excessive site preparation or would have other significant adverse environmental impacts, in which case the closest alternate location may be used that is more protective of resources. Temporary housing may not displace campgrounds or hostels.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in the Utilities and Industrial District may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56 and while such permit is in full force and effect in conformity with the conditions of the permit for:

1.

District-wide.

• Communication equipment buildings, with accessory antennas, subject to the provisions of Section 22.46.520 relating to view protection.

• Educational and scientific research facilities.

• Flood control facilities.

• Grading, excavation or fill, exceeding 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Publicly owned or operated uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this Section.

• Water tanks, wells and any use normal and appurtenant to the storage and distribution of water.

• Waste disposal facilities.

2.

Pebbly Beach.

• Breakwater, if required to serve a coastal dependent use or to protect existing structures from erosion.

• Heliport.

• Sea plane landing ramp.

B.

The following uses, provided the specified permit has first been obtained and while such permit is in full force and effect and in conformity with the conditions of such permit for:

• Surface mining operations, as provided in Part 9 of Chapter 22.56 of Title 22 of the Los Angeles County Code.

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

In addition to the standards applicable to all property on Santa Catalina Island, the following apply specifically to the Utilities and Industrial District:

A.

Dwelling units for employees.

• These shall be limited to those existing in August 1989, plus new units creating a total of 15 units at Empire Landing and 35 units at Pebbly Beach unless the Director verifies a need for additional housing for essential staff and finds that any additional dwelling units will not adversely affect the environment. However, in no case shall the Director approve additional units which would total more than 20 units at Empire Landing and 40 units at Pebbly Beach. Employee dwelling units shall be subject to the development standards, except for the density, in Section 22.46.370.

B.

Outside storage.

• Comply with the requirements of Part 7 of Chapter 22.52, except that storage area fences and/or walls between the first public road and the sea shall allow views of the shoreline and geographic features through and around the fences and/or walls.

C.

Parking.

• One vehicle parking space per dwelling unit.

• Parking requirements for non-residential uses are to be determined by the Hearing Officer in an amount sufficient to accommodate employee, customer and service vehicles.

D.

Public shoreline access.

• Appropriate signs and facilities to protect public safety in active quarry and industrial areas shall be specified in all plans for new development.

• No fences or structures reducing existing access from the road to the beach shall be constructed except where necessary to protect public safety.

E.

Perdition and Spouting Caves (west side of LACA Lot 85 southeast of Blue Cavern Point).

• Any development within 250 feet of this area shall be evaluated by a marine biologist to determine the impacts on the marine resources. Mitigation measures shall be imposed on development to ensure that there is no damage to the resources.

F.

State jurisdiction in specified areas.

• Piers, docks and any other development proposed or undertaken on any tidelands, submerged lands or on public trust lands, whether filled or unfilled, lying within the coastal zone require approval by the Coastal Commission. Such development which extends landward of the mean high tide line also requires the approval of the County.

G.

Replacement housing.

• Prior to the removal of any low/moderate income housing from this district, the same number of units of replacement low/moderate income housing shall be constructed in Avalon Canyon.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Lots 8, 9, the unincorporated portion of Lot 14, and the northerly portion of Lot 7 of LACA Map No. 59, said northerly portion of Lot 7 which is more particularly described as follows:

Beginning at the southwest comer of said Lot 7, thence NORTH along the westerly line of said Lot 7 a distance of 2600.00 feet to the True Point of Beginning, thence EAST 280.00 feet, NORTH 420.00 feet, EAST 250.00 feet, South 52°00'00", East 220.00 feet, North 38°00'00", East 250.00 feet, North 20°00'00", West 800.00 feet, North 20°00'00" East 400.00 feet, South 70°00'00", East 300.00 feet, South 7°00'00", West 300.00 feet, South 38°00'00", East 300.00 feet, North 66°00'00", East 300.00 feet, South 24°00'00", East 410.00 feet, South 15°00'00", West 460.00 feet, South 75°00'00", East 280.00 feet, South 11°00'00", West 700.00 feet, and North 54°13'33" East 742.49 feet to a point in the easterly line of said Lot 7, distant thereon NORTH 2550.00 feet from the southeast corner of said Lot 7; thence NORTH along said easterly line of Lot 7 1850.98 feet to the northeast corner of said Lot 7, thence North 53°31'25" West 2786.76 feet along the northerly line of said Lot 7 to the northwest corner of said Lot 7, thence SOUTH along the westerly line of said Lot 7 3496.54 feet to the True Point of Beginning.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

This land use district is established to provide for outdoor recreation, residential and visitor-serving uses in keeping with adjoining development in the City of Avalon. The LUP established two categories of uses in this district: resort/recreation use in the non-hillside areas and residential/recreation in the hillside areas. This district also recognized educational uses and necessary public service facilities and contains standards to protect hillsides and areas of scenic and recreational value.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The principal permitted use in the Avalon Canyon Resort and Recreation District is resort/recreation use in the nonhillside areas and residential with low-intensity compatible recreation in the hillside areas.

B.

Property in the Avalon Canyon Resort and Recreation District having a natural slope of less than 15 percent may be used for the following resort and recreation uses:

• Arboretums and horticultural gardens.

• Athletic fields, excluding stadiums.

• Campgrounds, improved; lower-cost public use.

• Employee housing, consisting of single- and two-family residences.

• Equestrian stables with training and riding facilities.

• Golf courses, including the customary clubhouse and appurtenant facilities.

• Interpretive displays.

• Parks and playgrounds with all appurtenant facilities customarily found in conjunction therewith.

• Riding and hiking trails, excluding trails for motor vehicles.

• Swimming pools.

• Tennis, volleyball, badminton, croquet, lawn bowling, similar courts.

• Visitor information centers, including displays, audio-visual viewing areas, library and related offices.

C.

Property in the Avalon Canyon Resort and Recreation District having a natural slope of 15 percent or more may be used for the following residential and low-intensity recreation uses:

• Botanical gardens.

• Parks designed for passive recreation uses.

• Residences, single-family.

• Riding and hiking trails, excluding trails for motor vehicles.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in the Avalon Canyon Resort and Recreation District may be used for the following:

• Accessory buildings, structures and uses customarily used in conjunction with the main building or use of the property.

• Animals, domestic and wild, maintained or kept as pets for personal use provided in Part 3 of Chapter 22.52.

• Building materials, storage of, used in the construction of a building or building project, during the construction and 30 days thereafter, including the contractor's temporary office, provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site.

• Campgrounds, improved include graded road access, privies or water operated toilets, cleared tent spaces, tables, interpretive and informational signs, drinking water, group camping areas and trash receptacles.

• Signs.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

If site plans are first submitted to and approved by the Director, property in the Avalon Canyon Resort and Recreation District may be used for the following uses:

A.

District-wide.

• Grading, excavation or fill, not to exceed 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Maintenance and minor expansion of existing facilities permitted in the Avalon Canyon Resort and Recreation District provided that such activities do not increase the floor area, height or bulk of the existing facility by more than 10 percent.

• Temporary housing for construction workers and other similar persons not permanently employed on Santa Catalina Island. Such housing may consist of a mobilehome or recreational vehicle which shall be removed from the site prior to the end of 12 months from the date of approval unless a request for an extension has been submitted to and granted by the Director. An extension, not to exceed an additional 12 months, may be granted if the Director finds that there is a documented need for continuation of the use and that there has been no adverse environmental impact associated with the use. Such housing shall be located at the actual construction or work site unless the Director finds that the site is unsuitable for temporary housing because it would require excessive site preparation or would have other significant adverse environmental impacts, in which case the closest alternate location may be used that is more protective of resources. Temporary housing may not displace campgrounds or hostels.

B.

Areas having a natural slope of less than 15 percent.

• Bars and cocktail lounges, but excluding cabarets.

• Contractor's equipment, yards and shops where located within 200 feet of existing similar uses provided that the maximum floor area for buildings associated with an individual business does not exceed 400 square feet, that such uses are compatible with surrounding land uses, that outside storage areas are screened from view of any residential or visitor-serving use, that the establishment of such uses would not impair the ability to implement the land use plan, that such businesses shall be on renewable leases of no more than one year and that approval of such uses would be limited to three years.

• Employee housing, consisting of apartment houses and mobilehome parks.

• Health retreat.

• Hotels, including appurtenant uses such as restaurants and shops.

• Recreation clubs, including tennis, polo and swimming; where specifically designated a part of an approved coastal development permit, such use may include a pro-shop, restaurant, and bar as appurtenant uses.

• Restaurants and other eating establishments, including food take out.

• Retail sales, including gifts, groceries, and similar visitor-serving convenience items.

• Youth hostels.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in the Avalon Canyon Resort and Recreational District may be used for:

A.

The following uses, in the areas specified, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of the permit for:

1.

District-wide.

• Flood Control facilities.

• Grading, excavation or fill, exceeding 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Publicly owned or operated uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this Section.

• Rifle, pistol, skeet and trap ranges.

• Water tanks, wells and any use normal and appurtenant to the storage and distribution of water.

2.

Areas having a natural slope of less than 15 percent.

• Child care centers.

• Churches, temples or other places used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith.

• Communication equipment buildings, with accessory antennas, subject to the provisions of Section 22.46.520 relating to view protection.

• Community center and associated facilities.

• Electrical distribution substations, including accessory microwave facilities.

• Employee housing, consisting of density-controlled developments and townhouses.

• Fire stations.

• Gas metering and control stations, public utility.

• Hospitals.

• Libraries.

• Museums.

• Police stations.

• Schools, through grade 12, accredited, including appurtenant facilities, which offer instruction required to be taught in the public schools by the Education Code of the State of California, in which no pupil is physically restrained, but excluding trade or commercial schools.

• Veterinary services, including boarding.

3.

Areas having a natural slope of 15 percent or more.

• Density controlled developments.

• Townhouses.

B.

The following uses, provided the specified permit has first been obtained and while such permit is in full force and effect and in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

In addition to the standards applicable to all property on Santa Catalina island, the following apply specifically to the Avalon Canyon Resort and Recreation District: (Note: Hillside areas are those having a slope of 15 percent or more.

A.

Density.

• 10 dwelling units per gross acre for hillside areas.

• 40 dwelling units per gross acre for low/moderate income employee housing. Employee housing shall be occupied by persons, including their immediate families, employed and deriving a major portion of their income on Santa Catalina Island.

• Residential development is not permitted in LACA Lot 14.

B.

Height limits.

• 28 feet in hillside areas and employee housing.

• 40 feet in non-hillside areas.

C.

Lot area.

• 2,000 square feet in non-hillside areas.

• 2,200 square feet for employee housing.

• 5,000 square feet in hillside areas.

D.

Lot coverage.

• 40 percent in hillside areas.

• 80 percent in non-hillside areas.

E.

Lot width.

• 25 feet for employee housing.

• 50 feet in hillside and non-hillside areas, excluding employee housing.

F.

Parking,

• One vehicle parking space per dwelling unit.

• Parking requirements for non-residential uses are to be determined by the Hearing Officer in an amount sufficient to accommodate employees, customers and service vehicles.

G.

Yard requirements.

• Each lot shall have a rear yard of three feet; no other yards are required in non-hillside areas.

• Each lot shall have a yard at least three feet on all lot lines for employee housing.

• Each lot shall have a yard at least 10 feet on all lot lines in hillside areas.

H.

Campground capacity and use requirements.

• 75 PAOT for the existing campground.

• 200 PAOT for the new campground.

• Campgrounds shall comply with the provisions for lower-cost public use facilities contained in Section 22.46.160.A.

I.

Ridgeline protection.

• All structures, except as provided in Section 22.46.520.A, shall be located at least 75 feet, measured horizontally downslope, from the top of major ridgelines as depicted in Map #11, Appendix D.

• No structure shall extend into a zone set at 10 feet below the major ridgelines depicted in Map #11.

J.

State jurisdiction in specified areas.

• Piers, docks and any other development proposed or undertaken on any tidelands, submerged lands or on public trust lands, whether filled or unfilled, lying within the coastal zone require approval by the Coastal Commission. Such development which extends landward of the mean high tide line requires the approval of the County.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Lots 64, 83, 86, 99 and the northwesterly portion of Lot 82 of LACA Map No. 59, said northwesterly portion of Lot 82 which is more particularly described as follows: Beginning at a point in the westerly line of said Lot 82 which is 2200 feet NORTH of the southwest corner of said Lot 82, thence North 40°00'00" East to the mean high tide line of the sea, thence in a westerly direction along the mean high tide line of the sea to the westerly line of Lot 82, thence SOUTH to the point of beginning.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

This land use district is established to provide for public access and recreation uses at the island's major leased coves and to provide for the educational and research activities at Big Fisherman's Harbor. This district will allow for the continuation and improvement of existing high intensity recreation/education facilities and activities while recognizing the importance of open space uses for resource conservation.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The principal permitted use in the Organized Camps and Special Facilities District is high-intensity recreation/education use with compatible open space, resource conservation activities.

B.

Property in the Organized Camps and Special Facilities District may be used for the following district-wide open space and recreation uses:

• Beaches and associated passive recreation uses.

• Riding and hiking trails, excluding trails for motor vehicles.

• Wildlife, nature, plant and marine preserves and sanctuaries.

C.

Property in the geographic areas listed below may also be used for the following high-intensity recreational or educational uses.

1.

Big Fisherman's Cove—LACA Lot 86

• Marine education and research center including administrative facilities, classrooms, dormitories, dining facilities, faculty dwelling units, laboratories, museums, hyperbaric chamber, diving support area and aquariums.

• Pier, docks and similar facilities.

• Research activities associated with offshore oil drilling.

2.

Big Geiger Cove—LACA Lot 99

• Yacht club with upland support facilities for recreational boating listed in Section 22.46.410.

3.

Corsair Beach—LACA Lot 99

• Yacht club with upland support facilities for recreational boating listed in Section 22.46.410.

4.

Emerald Bay—LACA Lot 99

• Campground, primitive.

• Pier, docks and similar facilities.

5.

Empire Landing—LACA Lots 82 (portion) and 83

• Aquatic recreational facilities.

• Campground, improved; 150 PAOT.

• Pier, docks and similar facilities.

• Ranger station.

• Youth camp with related upland support facilities listed in Section 22.46.410; 150 PAOT capacity.

6.

Hen Rock—LACA Lot 64

• Yacht club with upland support facilities for recreational boating listed in Section 22.46.410.

7.

Howland's Landing—LACA Lot 99

• Pier, docks and similar facilities.

• Youth camp with related upland support facilities listed in Section 22.46.410; 270 PAOT capacity.

8.

Johnson's Landing—LACA Lot 99

• Pier, docks and similar facilities.

• Youth camp with related upland support facilities listed in Section 22.46.410; 375 PAOT capacity.

9.

Moonstone Beach—LACA Lot 64

• Pier, docks and similar facilities.

• Yacht club with upland support facilities for recreational boating listed in Section 22.46.410.

10.

Sullivan's Beach—LACA Lot 99

• Yacht club with upland support facilities for recreational boating listed in Section 22.46.410.

11.

White's Cove and Landing—LACA Lot 64

• Onshore recreation facilities.

• Pier, docks and similar facilities.

• Youth camp with related upland support facilities listed in Section 22.46.410; 180 PAOT capacity.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in the Organized Camps and Special Facilities District may be used for the following:

• Accessory buildings, structures and uses customarily used in conjunction with the main building or use of the property.

• Accessory uses and facilities incidental to improved campgrounds include, but are not limited to, authorized fire rings, graded road access, privies or water-operated toilets, cleared tent spaces, tables, interpretive and informational signs, drinking water, group camping areas and trash receptacles and other similar facilities.

• Accessory uses and facilities incidental to lodges, hotels or inns include, but are not limited to, bars, cafes, cocktail lounges, dining rooms, gift shops, restaurants, housing for lodge employees and visitor-serving retail.

• Accessory uses and facilities incidental to passive recreation uses include, but are not limited to, nature observation, photography, sunbathing and other similar uses.

• Accessory uses and facilities incidental to primitive campgrounds include, but are not limited to, authorized fire rings, trail access, limited vegetation removal, privies, small cleared sleeping areas and interpretive and informational signs and other similar facilities.

• Accessory uses and facilities incidental to yacht club upland support facilities include, but are not limited to:

• Active recreation facilities such as sand volleyball courts and swimming docks.

• Chemical toilets maintained in accordance with Chapter 11.38 of Title 11 of the County Code.

• Decks or platforms not more than 30 inches above grade with less than 400 square feet in area.

• Flag poles under 15 feet in height.

• Pergolas and other shade-providing structures with less than 400 square feet in area.

• Picnic areas including tables and outdoor cooking facilities.

• Improved campgrounds.

• Storage sheds having an area of less than 120 square feet.

• Accessory uses and facilities incidental to youth camp or educational institution upland support facilities include:

• Administration offices, camp supplies stores, craft shops, infirmaries and other similar facilities.

• Educational and recreational activities.

• Residential uses including tent platforms, dormitories for campers and staff, camp Director's dwelling unit and caretaker's dwelling unit; dining and service/maintenance areas and buildings.

• Water related sports and facilities.

• Animals, domestic and wild, maintained or kept as pets for personal use provided in Part 3 of Chapter 22.52.

• Building materials, storage of, used in the construction of a building or building project, during the construction and 30 days thereafter, including the contractor's temporary office, provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site.

• Signs.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

If site plans are first submitted to and approved by the Director, property in the Organized Camps and Special Facilities District may be used for the following uses:

A.

District-wide.

• Dwelling units for persons employed and deriving a major portion of their income within the land use district, if occupied by such persons and their immediate families.

• Grading, excavation or fill, not to exceed 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Maintenance and minor expansion of existing facilities permitted in the Organized Camps and Special Facilities District provided that such activities do not increase the floor area, height or bulk of the existing facility by more than 10 percent.

• Privies.

• Temporary housing for construction workers and other similar persons not permanently employed on Santa Catalina Island. Such housing may consist of a mobilehome or recreational vehicle which shall be removed from the site prior to the end of 12 months from the date of approval unless a request for an extension has been submitted to and granted by the Director. An extension, not to exceed an additional 12 months, may be granted if the Director finds that there is a documented need for continuation of the use and that there has been no adverse environmental impact associated with the use. Such housing shall be located at the actual construction or work site unless the Director finds that the site is unsuitable for temporary housing because it would require excessive site preparation or would have other significant adverse environmental impacts, in which case the closest alternate location may be used that is more protective of resources. Temporary housing may not displace campgrounds or hostels.

• Youth camps, increased capacities; as provided in Section 22.46.440.E.

B.

In addition to the uses listed in Subsection A of this Section, property in the area listed below may also be used for the following uses:

• White's Cove and Landing—LACA 64.

• Lodge.

• Restaurant.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Property in Organized Camps and Special Facilities District may be used for:

A.

The following uses, in the areas specified, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of the permit for:

1.

District-wide.

• Communication equipment buildings, with accessory antennas, subject to the provisions of Section 22.46.520 relating to view protection.

• Flood control facilities.

• Grading, excavation or fill, exceeding 500 cubic yards of material where necessary to prepare a site for a lawful use.

• Publicly owned or operated uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this Section.

• Water tanks, wells and any use normal and appurtenant to the storage and distribution of water including desalinization facilities.

2.

In addition to the uses listed in Subsection A.1 of this Section, a conditional use permit may be applied for the uses specified in each of the following areas:

(a)

Big Fisherman's Cove

• Electric distribution and transmission substation, including microwave facility used in conjunction therewith.

• Heliport.

• Sewage treatment facility.

• Visitor center.

(b)

Emerald Bay/Howland's Landing/Big Geiger Cove

• Sewage treatment facility.

• Visitor-serving facilities and services.

(c)

Empire Landing

• Boat rentals, storage, supplies and maintenance.

• Sewage treatment facility.

• Visitor-serving facilities and services.

(d)

White's Cove and Landing

• Boat rentals, storage, supplies and maintenance.

• Sewage treatment facility.

• Visitor-serving facilities and services.

B.

The following uses, provided the specified permit has first been obtained and while such permit is in full force and effect and in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

In addition to the standards applicable to all property on Santa Catalina Island, the following apply specifically to the Organized Camps and Special Facilities District:

A.

Density.

• 40 dwelling units per gross acre for employee housing.

B.

Dwelling units for employees shall be limited to the existing units at each site unless the Director verifies a need for additional housing for essential on-site staff and finds that any additional dwelling units will not adversely affect the environment. The Director may approve up to five additional units over those existing in August 1989 as a use subject to Director's review, based on a verified need for essential on-site staff available water and conformity with the resource provisions of this plan.

C.

Parking.

• One vehicle parking space per dwelling unit, except for dwellings without vehicular access.

• Parking requirements for non-residential uses are to be determined by the Hearing Officer in an amount sufficient to accommodate employees, customers and service vehicles.

D.

Upland shoreline lease area support facilities.

• Development shall be located a minimum of 150 feet from the mean high tide line; if this standard is impractical because of topography or other environmental constraints, the Director may allow development to within 25 feet of the mean high tide line or the inland extent of any beach, whichever is greatest.

• No structure shall be constructed on hillsides having a slope exceeding 30 percent.

• On hillsides having a slope exceeding 15 percent, all graded areas shall be planted and maintained for erosion control and visual enhancement purposes to screen or soften the visual impact of any cut and fill slopes. In addition, grading plans shall be revised to reduce visible height of cuts and fills and changes in cove geometry.

• Development shall be sited and designed to be compatible with the public use of the beach or shoreline by preserving sufficient areas for public access and recreation.

E.

Youth camp PAOT capacities for each site may be expanded if there is a verified need, if there are no adverse impacts on the island's resources and if the expansion would not require a substantial increase in water usage that would adversely impact the island's water supply. Such requests to increase youth camp capacities shall be accompanied by a master plan as described in Section 22.46.550.H and shall be subject to review and approval of the Director.

F.

Big Fisherman's Cove—LACA Lot 86. The residential and educational/research uses listed below for the marine science center are in addition to existing facilities:

• The physical sciences laboratory shall be limited to 12,000 square feet in floor area.

• Residential uses shall be reserved for employees, scientists, researchers, students, faculty and other personnel associated with the marine science center and shall be limited to 12 dwelling units, each with 1,200 square feet of floor area, and a 120-person dormitory.

• The Two Harbor residential receiver area shall be restricted to 10 acres located in the southwestern portion of Lot 86. Development of this area shall be subject to the standards and design guidelines contained in the Two Harbors Resort Village District.

G.

State-jurisdiction in specified areas.

• Piers, docks and any other development proposed or undertaken on any tidelands, submerged lands or on public trust lands, whether filled or unfilled, lying within the coastal zone require approval by the Coastal Commission. Such development which extends landward of the mean high tide line requires the approval of the County.

H.

Visitor serving facilities and services.

• The visitor-serving facilities and services listed below shall be designed and scaled to the particular site for which they are proposed. The following facilities and services shall be allowed if the Director finds that they will not have an adverse impact on the environment:

• Accommodations for visitors in all-weather cabins, dormitories, hostels, lodges or other similar buildings.

• Administration offices, infirmaries, maintenance and storage buildings.

• Food and beverage service, including dining halls.

• Retail sales of items to visitors.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Prior to future development on Santa Catalina Island, compliance with the following conditions, standards and environmental safeguards shall be required. These conditions and safeguards apply island-wide; other development standards which specifically apply to individual land use districts are contained in Sections 22.46.100 through 22.46.440. Where the land use district standards differ from the island-wide provisions, such standards shall supersede the island-wide provisions.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Prior to approval of a coastal development permit, the applicant shall submit an archaeology report for the entire project site prepared by a qualified archaeologist, and comply with mitigation measures suggested by the archaeologist, suggested during the review process and approved by the Department. Prior to approval of plan that includes excavation of a site or grading or disturbance located closer than 100 feet to a previously identified site, the preliminary report and the draft mitigation measures shall be circulated to persons requesting such notice including the State Office of Historical Preservation and individuals identified by the Native American Heritage Commission as approved resource people representing the Gabrielino Indians. Such notice shall be provided as part of the permit review process. The archaeology report shall comply with the guidelines of the State Office of Historical Preservation. Mitigation measures may include, but are not limited to, preserving the resources intact underground, fencing the site, redesigning or relocating the project to avoid impact on cultural resources or dedicating construction rights to the County. Other measures include requiring the presence of an archaeological monitor at the site during grading and excavation or using construction methods that prevent stockpiling and scraping, or storage of equipment from occurring on sensitive portions of the site. After testing and mapping by a qualified archaeologist, the site may be covered with a layer of fill of sufficient depth to prevent damage to the underlying resources for surface use as an open space area; alternately, the cultural resources may be excavated by a qualified archaeologist. For the purpose of this Specific Plan, a qualified archaeologist is a person who has been certified by the Society of Professional Archaeologists and who has a minimum of three years of experience investigating and interpreting sites in Southern California.

B.

As a condition of approval of a coastal development permit, the applicant shall agree to suspend construction in the vicinity of a cultural resource encountered during development of the site, and leave the resource in place until a qualified archaeologist can examine them and determine appropriate mitigation measures. The archaeological mitigation or recovery plan shall be approved by the Department as an amendment to the coastal development permit according to the provisions of Section 22.56.2530. The applicant shall agree to comply with mitigation measures recommended by the archaeologist and approved by the Department after public notice and comment. If human remains are discovered, the developer shall contact the Native American Heritage Commission for a list of approved resource people representing the Gabrielino Indians and shall retain someone from this list to monitor excavation activities.

C.

Historical Buildings. Existing buildings of a historical natural shall be preserved if feasible. Prior to any major renovation or removal, the developer proposing such activity shall retain the Los Angeles County Museum of Natural History to evaluate the Banning House, the Union Army Barracks and any building over 75 years old to determine their historical significance. If determined appropriate and feasible, these structures shall be preserved and any alteration or expansions shall only be done with the approval of the County.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The applicant for a coastal development permit shall submit a site plan drawn to a scale satisfactory to, and in the number of copies prescribed by the Director, identifying the location and species of all vegetation on the subject property that is located within 100 feet of any construction, excavation, grading or other similar development; the height and diameter of all trees over six feet tall shall be plotted on the site plan. Where proposed development is linear in form and extends for more than 1,000 feet, the Director may waive the 100 foot requirement for vegetation mapping if adequate botanic information has been submitted which the Director can use to evaluate and mitigate potential adverse environmental impacts of the development. The site plan shall be prepared by qualified botanist except that in the case of development located more than 100 feet from undeveloped areas or riparian habitats, within the boundaries of a disturbed area, the Director may accept other verification of the type and distribution of the vegetation. The botanist or other qualified person shall also submit a report evaluating the impact of the proposed development on the vegetation and other wildlife and suggest appropriate mitigation measures to minimize the impact on the native vegetation. Such mitigation measures may include, but are not limited to, redesigning the proposed development, transplanting vegetation which may be disturbed and planting new vegetation of similar species to replace any vegetation which would be removed by the proposed development. The applicant shall comply with the mitigation measures suggested by the botanist or other qualified person and imposed by the Department on the basis of additional biological or range management information supplied to it by the time of the hearing.

B.

Development which would remove or damage any of the rare or endangered plant species contained in Appendix G shall be allowed only if relocating or reducing the scope of the development would deprive the applicant of all uses of his property, and if the applicant has complied with mitigation measures suggested by the botanist, range management agencies, other qualified reviewers and by the public during the hearing process and approved by the Department. Mitigation may including relocation of the development, reduction in scale, reservation of portions of the site, fencing during construction or other measures recommended during the permit process.

C.

Channelizations, dams or other substantial alterations of streambeds shall protect biotic resources by incorporating mitigation measures including, but not limited to, revegetating disturbed areas, using natural materials for stream bank protection, avoiding areas of biotic significance and leaving stream bottoms in a natural condition. Substantial alterations shall be limited to necessary water supply projects, flood protection projects where no feasible alternative exists for protecting life and property in the flood plain and projects whose primary function is the improvement of fish and wildlife habitat.

D.

Prior to alteration of any streambeds, the applicant shall enter into an agreement with the California State Department of Fish and Wildlife, pursuant to Chapter 6 of Division 2 of the State Fish and Game Code to protect fish or wildlife resources.

E.

Riparian vegetation consists of various trees, shrubs, vines and herbs that are found along permanent and semi-permanent streams. Characteristic riparian plants most commonly found on Santa Catalina Island are: Populus trichocarpa, Populus fremontii, Salix laevigata, Sambucus mexicana, Platanus racemosa, Baccharis spp., Rosa californica, Rubus ursinus, Salix lasiolepis, Symphoricarpos mollis, Toxicodendron radicans diversilobum, Clematis lingusticifolia, Keckiella cordifolia, Lonicera spp., Marah macrocarpa, Vitis girdiana, Ambrosia psilostachya, Artemisia douglasiana, Elymus spp., Satureja douglasii, Urtica dioica holosericea, Verbena robusta and Zanthium spp. Setbacks from riparian vegetation shall be measured from a line outside the driplines of the woody species listed above or where the plants listed above constitute less than 25 percent of the vegetation cover. The Director may establish an alternate line constituting the edge of riparian vegetation where a unique vegetation pattern exists, as documented by a botanist or wildlife biologist, and either creates practical difficulties or unnecessary hardships or would result in damage to habitat. Such alternate line shall be located to provide for the continued viability of the riparian habitat and shall not significantly reduce the area of riparian vegetation.

F.

All development, except water wells developed in conformance with Sections 22.46.470 and 22.46.730, and campground improvements approved under a camp master plan approved according to Section 22.46.550.H, shall be back a minimum of 100 feet from the edge of riparian vegetation. Greater setbacks shall be required if necessary to protect riparian communities.

G.

Development in those areas designated as significant ecological areas (SEAs) by the County General Plan, defined in Chapter 22.08 of this Code, and in Catalina Harbor, Cottonwood Canyon and Sweetwater Canyon shall be subject to all pertinent standards and conditions set forth in this Title 22, except that the exemption provisions contained in Section 22.56.215.C shall not apply. All vegetation removal or grading affecting an area of greater than 400 square feet within an acre of land or cumulatively, 800 square feet within an individual SEA shall also comply with these provisions. Rare plants shall be protected by a requirement to construct and maintain fences around them, to leave the areas undeveloped or to use other measures devised as a result of biological information prepared by the applicant, the Department of Fish and Wildlife or otherwise obtained during the permit process. The SEAs shown on the special management areas map of the General Plan are based on "Areas of Special Botanical Significance" prepared by Dr. R. F. Thorne for the Center for Natural Areas in 1976. These areas are shown on the maps contained in Appendix D; more precise boundaries will be obtained during the individual studies of the natural resources done by the applicant when development is proposed within an SEA.

H.

Development shall avoid conflicts with the reintroduction programs for the endangered bald eagle and peregrine falcon by coordinating with the State of California Department of Fish and Wildlife. Developers shall submit evidence that the Department of Fish and Wildlife has reviewed the site plans for the proposed development and has no objection to them. Applications for helistops and heliports shall also design the approach and departure routes to avoid conflicts with endangered and native bird populations.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

A comprehensive geologic and soils report shall be prepared by a registered geologist for all areas to be developed or graded. The report shall identify and recommend mitigation measures regarding the following conditions:

• Geologic hazards, including seismic potential, subsidence, liquefaction and landslides.

• Soil creep and expansive soils.

• Sand beach processes, including sand supply from streams, wave action, beach erosion and sand transit in the surf zone.

• Runoff and adverse impacts, including sedimentation, siltation or alteration of currents that would degrade the quality of coastal waters.

B.

The mitigation measures suggested in the report shall eliminate or mitigate any hazards to proposed development, ensure safe construction practices, protect buildings, structures and utilities, and prevent degradation to surrounding property and sandy beaches. The applicant shall comply with all mitigation measures suggested in the report and approved by the County and with all requirements imposed by the State Water Resources Control Board.

C.

Prior to any development below the 10-foot contour line above mean high tide, the applicant shall submit a report which evaluates the potential hazard associated with tsunamis, storm generated waves and other similar events. The report shall contain mitigation measures to prevent loss of life and property. The applicant shall comply with all mitigation measures suggested in the report and approved by the County.

D.

All building, grading and excavation shall comply with Chapters 29 and 70 of Title 26 (Building Code) of the County Code. Required landscaping materials for graded slopes shall be selected from the list of appropriate plants contained in Appendix A. Where no suitable native species will sufficiently stabilize graded slopes, Public Works may approve non-native plants which are compatible with natural vegetation.

E.

Any grading or excavation, except for agricultural purposes or other activities specifically exempt from the requirements of tiling a grading permit pursuant to items 3, 4, 5, 7, and 12 of Section 7003 of Title 26 of the County Code, which amounts to a volume greater than 20 cubic yards shall submit grading plans drawn by a licensed civil engineer; such plans shall include terraces, downdrains, swales, berms, desilting basins, approved landscaping materials and other devices designed to prevent soil erosion. The applicant shall comply with all requirements recommended by the civil engineer and approved by the County. Certain grading exempted by the County Code is not exempt from this Specific Plan. Grading activities listed in items 1, 2, 6, 8, 9, 10 and 11 of Section 7003 of Title 26 of the County Code require a coastal development permit.

F.

The applicant shall submit a grading plan to a scale satisfactory to the Director, indicating all proposed grading, including the natural and finished elevations of all slopes to be graded.

G.

All development which includes grading activity shall be conditioned to require the developer to protect views and other resources by either relocating the development to reduce grading or by designing the finished graded slopes to conform to the characteristics of the surrounding natural topography. This shall be accomplished by using contour grading, avoiding geometric or angular slopes, replanting graded slopes with plants occurring in the adjacent area, etc.

H.

A drainage plan shall be prepared by a registered engineer which indicates how the development will be protected from flood hazard associated with streams and the sea. Appropriate mitigation measures including, but not limited to, building setbacks or elevating the floors of buildings above 50-year flood levels as determined by Public Works shall be suggested and imposed on the development.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Plant species used to landscape sloping hillside areas shall be selected from the plants which require little or no watering listed in Appendices A or G. Alternate non-native plant materials may be approved by the Director with the concurrence of the Santa Catalina Island Conservancy where no suitable non-native species will sufficiently stabilize eroded areas. In these circumstances the applicant may use non-invasive non-native plants to control erosion, stabilize slopes or screen developed areas.

B.

Irrigation of landscaped slopes shall be done only when the development can show that this will not exacerbate expansive soil condition, soil creep conditions and/or potential landslide hazard.

C.

All development shall occur on slopes less than 30 percent, except as specifically provided for in the Isthmus/Two Harbors area.

D.

Residential development in areas having a slope of 25 percent or greater shall comply with the hillside management provisions of Chapter 22.56 of Title 22, except that the following Subsections of Section 22.56.215 shall not apply: A.2, D.2.b, and E.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The following conditions shall be imposed as part of coastal development permit approval:

1.

Automatic Fire Extinguishing System. An automatic fire extinguishing system shall be installed in all occupancies and locations as set forth below:

• NEW CONSTRUCTION. All occupancies except Group M.

• EXISTING BUILDINGS. In existing buildings if any modification exceeds 25 percent of the total floor area of the building in any 12-month period or if the existing building has a change of occupancy classification.

2.

Fire resistive building materials shall be utilized in all new construction. Wood shakes and wood shingle roofs are prohibited.

3.

Smoke detection shall comply with the County Fire Code and Part 2, Title 24, California Code of Regulations.

B.

The County Forester and Fire Warden, in conjunction with Parks and Recreation, the Department, the Santa Catalina Island Company and Island Conservancy, shall develop a brush fire response program. This program shall include the following components:

• A fire hazard awareness program, to include a brochure issued to campers, hikers and bicyclists when they obtain island interior entry permits. The brochure will contain information regarding fire-safe camping and hiking practices including appropriate regulations pertaining to camp-fires, as well as instructions relative to evacuation procedures in the event of a major brush fire.

• A procedure for limiting access to the interior of the island during periods of high fire hazard. No new camping/hiking/bicycling permits shall be issued in periods of extreme fire hazard, as defined by the County Forester and Fire Warden.

• An emergency response and evacuation procedure including clarification of the roles and responsibilities of involved agencies, a procedure for closure of interior island facilities during hazardous fire weather and the identification of tire safe evacuation areas.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

All activities and uses occurring within the unincorporated area of Santa Catalina Island shall be subject to the County noise control ordinance (Los Angeles County Code, Title 12, Chapter 12.08).

B.

Prior to the expansion of the Airport-in-the-Sky on Santa Catalina Island, the developer shall prepare an environmental review and noise impact analysis of the project. Mitigation measures such as: limitations on hours of operation, restricting the types of aircraft using the facility and prohibiting the overflight of noise sensitive areas shall be considered.

C.

All proposed new helicopter landing facilities shall be subject to the policies, standards and criteria relating to the noise and land use compatibility established by the Los Angeles County Airport Land Use Commission (Appendix B).

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

(See Appendix F for diagrams of some of these standards.)

A.

All structures, except as provided in this Section, shall be located at least 75 feet, measured horizontally downslope, from the top of the ridgeline. Fire lookout stations, utility and communications facilities and other similar structures may be allowed within 75 feet of the top of the ridgeline only if there is no other suitable location; in such cases, the facility shall be sited, designed and scaled so that it minimizes any visual or environmental impacts.

B.

Communication facilities shall use existing antennas to minimize the visual impact of additional structures, unless joint antenna use is technologically infeasible. Existing communication facilities located at Airport-in-the-Sky (LACA Lot 71), Black Jack Mountain (LACA Lot 63), Dakin Peak (LACA Lots 16 and 19), East Mountain (LACA Lots 2, 3, and 5), KBRT Radio (LACA Lot 20), Mt. Orizaba (LACA Lot 55), Quartz Peak (LACA Lots 29, 30, 31 and 33), Tower Peak (LACA Lots 77, 84, 86 and 87) and West Peak (LACA Lots 101,102 and 103) shall continue as presently developed. Any expansion of communication buildings and/or addition of new antenna mounting structures at these sites shall be subject to permit approval and conditioned to minimize impacts on scenic resources. New communication sites shall be subject to permit and shall be allowed only if it can be demonstrated that they will have no significant adverse visual or environmental impacts.

C.

The applicant shall submit panoramic or composite photographs from all major corners of the subject property and from major elevated points within the property and, for coastal projects, from a point 250-500 feet offshore. The following types of features, identified by photographs or field observation, shall be protected from development: promontories, caves, rock outcropping and distinctive geologic formations.

D.

No building shall be constructed in a location or of such a height that it is silhouetted above the horizon when viewed from a distance of 100 feet offshore.

E.

Each development which can be viewed from the ocean shall have a consistent architectural design with respect to the size, shape, color, mass, materials or style of the buildings comprising the development. Conditions shall be imposed on new construction to promote the architectural consistency between existing and proposed buildings.

F.

No building will be permitted within 150 feet of mean high tide line unless the Director determines that no other location is feasible because of the small size of the cove, the narrowness of the developable area between the shoreline and the mountains or other similar circumstances. Certain buildings and structures which require a shoreline location, such as piers, boathouses, dive lockers, marine laboratories or housing for beach safety or cove security personnel, may be approved by the Director. Development on tidelands, submerged lands or public trust lands is subject to the permit requirements of the Coastal Commission as cited in Section 22.56.2360.

G.

Special attention shall be given to the scale of all new structures to insure that their size, height, length and/or bulk are compatible with the natural and manmade features in the surrounding area.

H.

To protect the coastal scenic resources and views of the shoreline from the water and, where applicable, from inland accessways or roads open to the public, development in cove areas must be designed to avoid building congestion and minimize alteration of significant views of the ocean, major ridgelines, distinctive geologic and topographic features, important stands of endemic native vegetation, natural streams and riparian habitats. The longstanding use of many of the leeward-facing coves for youth camps and educational facilities is recognized and encouraged to continue consistent with these provisions. The size and location of all structures shall be designed to achieve an uncluttered appearance, permit views into coastal canyons and valleys and create a sense of openness and harmony between the development and natural landscape. Recognizing the unique and distinctive character of various coastal locations, the developer shall choose one of the following methods to protect coastal views: (Note: These provisions do not apply to the Two Harbors Resort Village District.)

1.

Between 150-650 feet of mean high tide line will be designated "shoreline adjacent view enhancement" (SAVE) zone. For the purpose of this subsection, the term "developable area" refers to land having a natural slope of less than 30 percent. Any development within this SAVE zone will comply with the following standards:

(a)

The long axis of buildings shall be sited perpendicular to coast; adjustments may be approved by the Director to conform to local topographic conditions.

(b)

Maximum building width shall be 30 feet.

(c)

Maximum height of buildings shall be 14 feet.

(d)

Outside of SAVE zone, maximum height of buildings shall be 28 feet.

(e)

Minimum distance between buildings shall be 100 feet, except when a building is located directly behind another with respect to the shoreline, in such cases the distance shall be reduced to 10 feet minimum. Clustering of buildings may be approved by the Director where it will result in preservation of views into the cove.

(f)

Buildings which are located entirely within 50 feet of the edge of the developable area may be oriented parallel to the edge rather than perpendicular to the shoreline.

(g)

Landscaping using plant materials listed in Appendices A and G, shall be used to soften the view of the buildings from the shoreline but shall not block views of the interior natural landscape from the shoreline.

(h)

An open space area shall be reserved in each cove using one of the following methods:

(i)

Structural coverage shall not exceed 70 percent of the developable area of the SAVE zone. Open spaces shall be located to provide for the protection of scenic resources as viewed from the shore and interior public accessways.

(ii)

No buildings shall be built within an open space corridor having a width of 30 percent of the width of the developable area. Such corridor width shall be calculated by measuring the width of the developable area at 100 foot intervals beginning 150 feet from the mean high tide line. The Director shall approve an open space corridor extending inland from the ocean and located along any of the following lines:

• The median or center line of the developable area.

• The middle of a streambed located in the developable area.

• The center of a road or trail traversing the central portion of the developable area.

2.

In lieu of the method described in Subsection H.1 of this Section, the developer may prepare an alternate method to protect scenic and other resources in cove areas. Such alternative method shall consist of a master plan approved under Section 22.46.550 (H).

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Signs shall not exceed an area of 10 square feet, with no more than one sign per business permitted.

B.

Signs shall be for the purpose of identification of the property or business which the sign is on or for direction.

C.

Signs shall not be lighted from within; rather signs shall be lighted indirectly.

D.

No roof signs shall be permitted.

E.

On ridgelines, maximum sign height shall be three feet.

F.

Freestanding signs shall not reach a height more than five feet from ground to top of sign, and freestanding signs shall have an area of no more than three square feet.

G.

Signs shall not be sited in such a way as to obstruct views.

H.

When possible, signs shall be made of wood and painted.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Variances from the development standards contained in this Specific Plan may be applied for pursuant to the provisions of Part 2 of Chapter 22.56. In addition to the burden of proof contained in Section 22.56.290 of said Part 2, the applicant shall also prove:

A.

That the variance is consistent with the Local Coastal Program and the intent of the land use district of the Specific Plan.

B.

That there would be no adverse impact on the environment.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Architectural Features. Factory built, mobilehome, modular, prefabricated or similar type housing for employee dwelling units shall have an architectural style approved by the Director. These units shall be screened and incorporate appropriate design features such as textured or rough wood siding, eaves, natural colors, etc. to integrate them with other development or the existing landscape in the area. Reflective, glossy, polished and/or roll-formed type metal roofing or siding shall not be permitted.

B.

Height Limits. Buildings shall not exceed 28 feet maximum height. Within 300 feet of mean high tide line, height will not exceed 14 feet.

C.

Lot Area: 5,000 square feet.

D.

Lot Coverage: 50 percent.

E.

Lot Width: 50 feet.

F.

Parking. The number and location of spaces shall be established by the Director in an amount sufficient to accommodate residents, guests, employees and service vehicles.

G.

Yards. The width of yards shall be determined by the Director to provide sufficient light, air, access and space between adjoining uses.

H.

Camp Master Plans. In order to balance the provisions of the public access, coastal recreation and resource protection policies in this Specific Plan, alternate methods of protection may be approved in a camp master plan. The camp master plan shall be approved through the coastal development permit process, identify all resources and safety constraints in the cove, visual character, the stream bed, the flood plain, known archaeological deposits, the habitat and the existing and logical routes for vertical and lateral access in the cove. The master plan shall provide for protection and enhancement of the natural resources of the camp, and reestablishment of vegetation in other portions of the camp or leasehold, and views and potential accessways to and along the shoreline. No new structures shall be erected and no existing structures shall be expanded unless they are in conformance with an approved master plan and all mitigation measures have been carried out. Approval of the master plan shall be based on the finding that the master plan enhances recreational use of the site and that the master plan provides as well or better for view and resource protection and enhancement than would be achieved by separate application of the resource provisions in Sections 22.46.450 through 22.46.520.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

All nonconforming uses, buildings and structures shall be subject to the provisions of Part 10, Chapter 22.56 except as provided below:

A.

Notwithstanding the development criteria relating to scenic resource protection in cove areas, the provision of Title 22 relating to additions, repairs and maintenance of nonconforming buildings and structures contained in Section 22.56.1510 and the amortization provisions contained in Section 22.56.1540 shall not apply to youth camps and educational facilities so long as the structure conforms to the following:

1.

The height of the structure is not increased.

2.

The original outside dimension or "footprint" of the structure are not expanded, in the case of a replacement structure.

3.

Any additions are located in such a fashion that scenic resources are not impaired.

B.

Additions may be made to nonconforming visitor serving structures in the Two Harbors Resort Village District provided the addition conforms to the following:

1.

The height of the structure is not increased.

2.

The addition is limited to 25 percent of the existing floor area.

3.

The addition shall not be construed to extend the termination of the subject nonconforming structure.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

In addition to the requirements imposed by Part 17 of Chapter 22.56, all coastal development permits in the Santa Catalina Island coastal zone shall comply with the following:

A.

Additional Filing Requirements. In addition to the material required by Section 22.56.2310, an application for a coastal development permit shall contain the following information:

1.

The names and addresses of all lessees, sub-lessees or similar persons having the right to use the subject property.

2.

The names and addresses of all persons, public agencies, corporations or other similar entities owning an easement over all or a portion of the subject property.

3.

Topographic and resource information, including location of all streams, cliffs, mean high tide line, riparian vegetation and other resources identified in the LUP.

4.

Evidence that the Southern California Edison Company or other water purveyor is able to supply adequate and sufficient water and meet the requirements of Part IV of the Santa Catalina Island Specific Plan.

5.

Evidence that the applicant has the concurrence of Parks and Recreation for all lands located in the open space easement area.

6.

The Director may waive the filing of one or more of the above items if he finds the nature of the development is unrelated to the required item.

B.

Additional Notice Requirements. In addition to the procedures and requirements of Section 22.56.2400, the applicant shall post and maintain copies of the required notice during the specified time period at the following locations:

1.

Along the exterior boundary of the subject property and along roads, trails or other accessways traversing or bordering the subject property. Such notices shall be placed at intervals of no more than 500 feet.

2.

In the City of Avalon and the Two Harbors area, at places where such notices are commonly posted and would be conspicuous to members of the general public. Such location shall be approved by the Director.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

The Santa Catalina Island LUP identifies three public access issues. These include:

1.

Access to both harbor and inland areas by all social and economic groups.

2.

Specialized access areas for handicapped persons.

3.

Protection of environmentally sensitive habitat areas and special use areas from unrestricted access.

B.

The following access and circulation requirements are designed to implement the above issues.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Major access to Catalina Island shall remain at Avalon and Two Harbors, while a third future access point may be developed in the Empire Landing area. A specific implementation plan for improved access in this area is to be designed by the Santa Catalina Island Company, working in conjunction with the Santa Catalina Island Conservancy, Parks and Recreation and the lessee. The plan shall be prepared when access at Avalon and Two Harbors becomes overcrowded or otherwise impaired. This plan shall limit and control public access around the existing quarry and the employee housing area to protect public safety and to preserve the privacy of the residents. The specific implementation plan and map for the Empire Landing access corridor shall be certified as amendments to the Specific Plan before any visitor-serving use is permitted in Empire Landing.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Inland roads and trails shall be available to the public for recreational, scientific, educational, scenic and other open space purposes to the greatest extent possible consistent with protection of the open space character of the land, including the protection and preservation of the natural habitat of wildlife and plants. This shall be accomplished by the continued use of a permit system or other method which regulates the maximum number of persons allowed in various areas of the island. Persons who have permitted access to interior trails in the easement area shall not be precluded by development from using beaches and trails in the easement area or in other areas which have been opened for public use. This shall apply to persons arriving by boat, at locations other than Avalon or Two Harbors, who want to use inland roads and trails. Parks and Recreation, the Santa Catalina Island Conservancy and, where applicable, the Santa Catalina Island Company shall base the maximum capacities for specific sites on resource limitations and the quality of visitor experience proposed. These numbers may be adjusted through mutual agreement of these organizations as additional information on resource impacts becomes available.

B.

Primary access to inland areas shall be by hiking. Additional access by horses, bicycles, common carrier affording access to the handicapped, shuttle buses and other means of conveyance may be allowed in those areas where such modes are compatible with safety, road or trail condition and resource protection.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Authorized vehicles may be allowed into the island interior, on approved roads and subject to a permit system which requires insurance coverage and payment of fees. The total number of such permits may be limited to insure public safety and environmental protection. The Santa Catalina Island Conservancy shall consult in good faith with Parks and Recreation regarding the imposition of fees and limitations. Any fees or limitations shall be reasonable and shall not have the effect of unduly limiting or impairing the public's right of entry and use of the lands comprising the open space easement.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § l (part), 1989.)

To provide access for handicapped persons, each application for a coastal development permit shall be reviewed for compliance with Title 24 of the California Code of Regulations. Specific types of structural improvements will depend upon the specific conditions at a given site and shall be designed on a site specific basis.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Public access shall be provided over those areas designated in the LUP as "view corridor" and "conservation/recreation" within the proposed Two Harbors development. Access shall be regulated for the interim development authorized by Section 22.46.220.A.4 by either the development agreement procedure described in Section 22.46.220 or on a case-by case basis according to the dedication/reservation criteria contained in Sections 22.46.650 through 22.46.700. After the allowed interim development, access shall be regulated by a bicycle and pedestrian circulation plan, which will be prepared according to the timing and dedication/reservation criteria contained in Sections 22.46.650 through 22.46.700 and Section 22.46.220.A.4. The plan will be developed by the major landowner and approved by Parks and Recreation and the Department. In order to assure adequate public access to the open space easement area the plan shall designate certain roadway corridors (see Map #13A and 8, Appendix D) as regulated entry points. The designated corridors listed below shall be available for hiking, but the use of bicycles or other modes of transportation may be restricted to protect public safety and natural resources.

• Banning House Road.

• Silver Peak Trail.

• Two Harbors Road.

• West End Road.

B.

The circulation system shall connect with existing and proposed hiking trails with the limitation that, in the shoreline area around the Ballast Point salina, access may be controlled but not restricted, in order to preserve the sensitive habitat area. The methods of controlling the access around the Ballast Point salina shall be identified in the circulation plan for the Two Harbors Resort Village District and shall contain the following features:

1.

A monitoring system in which a biologist periodically evaluates the salt marsh habitat to determine that the biotic resources have not been adversely impacted by people visiting the area.

2.

If adverse impacts on the habitat resources have been observed the following restrictions to pedestrian use of the area may be imposed:

• Curtailing the hours of daily use.

• Reducing the number of people using the site.

• Restricting access to sensitive areas such as nesting sites or breeding grounds.

• Limiting access to the use of designated trails.

• Allowing access under the supervision of a naturalist guide.

C.

The bicycle and pedestrian routes shall link with proposed residential areas, lodges, commercial development, piers and the proposed interpretive center. The pedestrian circulation system shall include routes accessible to wheelchairs or other conveyances for handicapped persons and may include the following elements:

• Appropriate lighting.

• Seating areas.

• Trash receptacles.

• Information boards/kiosks.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

No new roadways shall be allowed in the Open Space/Conservation District. Existing roads may be repaired, improved or realigned to protect public safety; any adverse impacts on the environment associated with such projects shall be fully mitigated. New roads may be constructed in other land use districts where necessary to provide access to authorized developments; such projects shall fully mitigate any adverse environmental impacts.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

New development along the coast shall be assessed during the coastal development permit process to identify the development's impacts and needs associated with the public's right to recreational access to and along the shore. The conditions imposed by the local agency upon such developments shall reasonably relate to the impacts and needs of the affected development and related development. The conditions shall be those which are necessary to alleviate the impacts and needs identified in the development assessment process. Therefore, the provisions in the land use plan relating to compulsory dedication of shoreline access shall be implemented only on a case-by-case basis, where appropriate written findings supported by substantial evidence may be adopted by the local agency to support such conditions. The conditions shall substantially advance a legitimate state interest, without denying an owner economically viable use of the land. Findings regarding public shoreline access are required even when it is not appropriate to require dedication.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

To make the appropriate findings with regard to vertical or lateral access requirements, the County shall:

1.

Base all findings on factual evidence obtained at the public hearing, submitted by the applicant or interested parties, or discovered during the staff's investigation.

2.

Evaluate the impact of the proposed development on existing access to public tidelands, submerged lands or to other areas subject to public access rights and easements, or on land now open and in common use by the general public.

3.

Identify the access-related problems associated with the development. The following are examples of potential problems: the reduction of available sand supply to replenish beaches, the reduction of sand area, thereby diminishing public access along the shoreline and public recreation along the shoreline, increasing the intensity of use of public tidelands, creating the need for additional public access, reducing the availability and quality of areas currently subject to public access rights.

4.

Cite the specific Coastal Act provisions that are impacted by the development and state how the proposed development, as conditioned if applicable, is in conformity with the public access and public recreation policies of Chapter 3 of the act.

5.

Explain how the proposed conditions would solve the access problem created by the development.

6.

Consider alternate access which is already provided in the vicinity of the development within the cove or area identified in the access chart located in the Specific Plan following Section 22.46.670, or which, if provided as a condition of this development, would provide the vertical access required in the LUP for this portion of the coastline.

B.

The following are examples of situations that could result in the imposition of conditions requiring vertical and/or lateral access:

1.

Development of a new facility (e.g., campground, lodge or restaurant) which would generate additional visitors to an area where dedicated access to the beach does not presently exist.

2.

Expansion or additional development at a private or semi-public (group) facility which would restrict public access by intensifying the private or semi-public (group) use of the beach or by occupying areas subject to the public trust with a private or semi-public (group) facility such as a pier or dock.

3.

Construction or other development on a sandy beach or in an area that would restrict public access to the shoreline.

4.

Construction of structures or other improvements, including but not limited to shoreline protective devices, any building, road, pipe, flume, conduit, siphon or aqueduct, on a sandy beach or other area that would adversely affect the local shoreline sand supply or reduce the availability of sand to replenish public beaches.

5.

Divisions of land.

6.

Development of new hotel or private dwelling units where such development would increase competition for public beaches, burden transportation facilities or otherwise compete with the general public for beach access.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

Where new development is proposed in the areas listed in the chart below and the appropriate findings have been made regarding shoreline access, a condition requiring vertical and/or lateral access shall be imposed with a coastal development permit according to the chart on the following page.

*Boat-in access only due to rugged inland topography.

**Access by boat may be hazardous.

O—Lateral access only.

V—Vertical access to be developed only if dangerous topographical problems can be mitigated.

NOTES: Significant new development is not contemplated for Santa Verde or Silver Canyon. The use of this chart requires the appropriate findings discussed in Sections 22.46.650 through 22.46.670.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

The condition requiring lateral or vertical access shall specify that such access be secured by either of the following:

A.

The landowner shall execute and record a document, in a form and content acceptable to the Executive Director of the California Coastal Commission, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an easement for lateral public access and passive recreation along the shoreline or for vertical access to the shoreline. The document shall provide that the offer of dedication shall not be used or construed to allow anyone prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. Such document shall state the precise location and width of the easement. The document shall be recorded free of prior liens which the Executive Director determines may affect the interest being conveyed, and free of any other encumbrances which may affect said interest. The offer shall run with the land in favor of the people of the State of California, binding successors and assignees of the landowner, and shall be irrevocable for a period of 21 years, such period running from the date of recording.

B.

An alternate method approved by the Director, County Counsel and Coastal Commission which would provide a similar guarantee of public access as afforded by the irrevocable offer described in Subsection A of this Section. Such method may be a binding agreement with the underlying property owner and shall be effective for the life of the use for which the access is required.

C.

Access agreements and recorded documents shall be reported to Coastal Commission consistent with the provisions of Section 13574 of Title 14 of the California Code of Regulations.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

The following provisions pertain to shoreline accessways which are dedicated or otherwise guaranteed in conformance with the requirements of this Specific Plan and for which a public agency or private association, approved by the Executive Director, has accepted the responsibility for construction, maintenance and liability of said accessways:

A.

The agency or association which accepts responsibility for a dedicated or guaranteed accessway shall consult with Parks and Recreation within the open space easement area in the design of all shoreline access improvements.

B.

Vertical access easements shall be at least 10 feet in width and shall run from the nearest roadway or trail available for public use to the shoreline. Lateral access easements shall extend to the inland extent of the sandy or rocky beach.

C.

To protect private property rights and to insure that organized campground activities will not be disrupted, an access easement in a youth camp shall not be located within 20 feet of a residential building or an organized activity area, except that where topography restricts or would limit access, the 20 foot separation may be reduced, but in all cases the access provided shall not be less than 10 feet in width.

D.

Access easements shall be posted with identification signs located at the junction of the vertical easement with the shoreline and the connecting roadway or trait and along the inland extent of lateral easements.

E.

Access easements in areas of rugged topography, geologic instability or other similar hazardous conditions shall be controlled to protect public safety through the coastal development permit process. Permit conditions may include, but are not limited to, the following:

• Periodic easement maintenance to insure a safe accessway.

• Posting of warning signs which point out possible dangers and advise users on safety concerns.

• Erecting appropriate guard rails or other barriers.

• Limiting access during high fire danger, after heavy rains or following a major landslide or earthquake.

• Other measures deemed necessary by the authority supervising the site.

F.

The State of California Department of Fish and Wildlife shall review all new shoreline access locations to avoid conflicts with the reintroduction programs for the endangered bald eagle and peregrine falcon. Access sites must be thoroughly investigated because these birds are coastal cliff nesters and will not generally tolerate human disturbance.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § l (part), 1989.)

A.

Public access may be restricted in the Pebbly Beach industrial area, the Pebbly Beach and Empire Landing quarry operations and the Big Fisherman's Cove helipad and mole areas to insure public safety. Necessary restrictions and management may consist of, but are not limited to, the following:

• Construction of fences, guard rails or other barriers to prevent the public from entering areas where hazardous activity is occurring.

• Limiting public access to certain hours of the day or days of the week when hazardous activities are not in operation.

• Posting of warning signs which notify the public of potential safety hazards.

• Relocation of the public access to ensure safety.

B.

Any restrictions deemed necessary by the authority supervising the site shall be reviewed for incorporation into the conditions of a coastal development permit for new development in these areas.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

The Santa Catalina Island LUP provides extensive information and policy regarding the existing and proposed distribution, location and extent of utilities and public facilities. These provisions address major components of public and private transportation, sewage, water, solid waste disposal, energy and other essential facilities needed to support the proposed land uses. This background material and policies are incorporated herein by reference.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Detailed plans for liquid waste disposal shall be formulated and submitted for review and approval by the Department of Public Health in conjunction with development applications within the unincorporated portions of Santa Catalina Island. Approval of new development is dependent upon Public Works finding that there will be the satisfactory provision of sufficient liquid waste disposal facilities.

B.

Sewer outfalls are specifically prohibited in Catalina Harbor.

C.

The wastewater treatment plant for the proposed Two Harbors development shall be located adjacent to the existing wastewater reclamation pond ("Q") as shown on the adopted and certified Two Harbors land use map (see map #138, Appendix D). Approval by the Water Quality Control Board and the Department of Public Health shall be required.

D.

The City of Avalon sewage treatment plant, located upland of the Pebbly Beach area, shall be augmented with additional waste disposal capacity as needed.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Adequate water resources shall be proven and delivery plans provided in conjunction with new development applications for Two Harbors and other LUP designated development areas. Approval of new development is dependent upon the satisfactory provision of domestic and fire flow water supplies. Development applications shall not be approved unless sufficient water is available as determined by the water supplier and, if applicable, the California Public Utilities Commission (PUC). In addition, water for new development shall be considered available only in an amount that will not significantly lower the water table or reduce the viability of the riparian vegetation as determined in Subsection E.2.a of this Section.

B.

Prior to any development which would increase the consumption of fresh water, the developer shall submit data, as part of the coastal development permit process, which shows that there is sufficient freshwater to accommodate the anticipated demand. In preparing this data, the developer shall use the standards contained in Subsection E of this Section to assure that the required water can be supplied without creating adverse impacts on Santa Catalina Island's natural resources. The applicant shall also address what measures will be taken to conserve water. Such measures may include such things as low-flow toilets, drip irrigation, showerhead restrictors, etc., subject to the approval of the County, and shall be made conditions of the coastal development permit for the proposed development.

C.

Limited Water Surplus.

1.

When existing surplus freshwater available for new development is limited, as determined by the water supplier and defined as less than two acre feet, existing or proposed public recreation and visitor serving land uses shall not be precluded by other development. In such instances, approval of development other than public recreation and visitor serving uses shall be supported by the following findings:

(a)

No visitor serving use has been closed or reduced in operation during the past two years for lack of water;

(b)

No visitor-serving use of the same or lesser water demand as the proposed development has been denied or, if approved, has been unable to develop during the past two years because of lack of water availability;

(c)

That the proposed use is necessary for the protection of public health, safety and general welfare; and

(d)

That the proposed use will substantially benefit island residents and visitors, and will contribute to maximum public use and enjoyment of existing recreation and visitor serving facilities.

2.

In the limited water situation described in Subsection C.1 of this Section, where a developer proposes to develop a new water resource to provide water for the development, the inability to make the finding of Subsection C.1.a or C.1.b will not preclude the approval of the development if the following occurs:

(a)

The findings of Subsections C.1.c and C.1.d are still made;

(b)

The new water development will be consistent with Subsection E of Section 22.46.730; and

(c)

The new development will not reduce water available for existing or potential low-cost visitor-serving uses and visitor-support uses, or if it would reduce water available for such uses, that the effects would be mitigated by appropriate means, including the development of additional water to serve such uses, consistent with Subsection E of Section 22.46.730 and the water supplier's PUC tariffs, if any.

3.

If PUC tariffs allow consideration of public need and necessity to determine water allocations by the water supplier, the development of publicly owned or operated lower cost visitor facilities shall be considered a public need and necessity and receive due priority.

D.

To preserve freshwater resources, new development at Two Harbors shall utilize dual plumbing, sea water/freshwater, and/or other water conservation methods (e.g., low-flow toilets) submitted to and approved by the Department of Public Health in order to conserve freshwater resources. This requirement does not exclude the possible use of desalinated water if feasible.

E.

Development of New Water Resources.

1.

Prior to the development of new water resources, including raising the level of existing reservoirs, constructing dams and new reservoirs, drilling of water wells, constructing cisterns or other water retention devices, etc., the water supplier shall prepare environmental documentation (e.g., initial study, negative declaration or environmental impact report) which addresses the following:

(a)

The impact on existing plants and animals.

(b)

The impact of decreased downstream water flow of perennial or intermittent streams which support riparian vegetation or habitats.

(c)

The impact of a lowered water table on existing springs, streams, vegetation and wildlife.

(d)

The impact of damming a stream on the replenishment of beach sand.

(e)

The impact of lowering the water table in coastal areas on the intrusion of salt water into the aquifer.

(f)

The impact of constructing new pipelines, tunnels, etc. on the biotic environment.

(g)

The impact on scenic coastal resources of constructing a desalinization facility.

(h)

The impact of the proposed facility on existing wells and water systems.

(i)

Any other impacts associated with the development of new water resources which are not specifically listed above.

2.

The applicant for a water development facility shall submit the following information in addition to that listed above:

(a)

Detailed data on the existing quality and characteristics of the aquatic, biotic and hydrologic environments that would be affected by the proposed projects, sufficient for the Department, in consultation with appropriate agencies, to estimate an annual yield of the water facility that will have no adverse environmental effects.

(b)

A periodic monitoring program, based on the data required by Subsection E.2.a above, which would carefully assess the impact of the facility on the existing environment and identify any degradation of the natural resources that may occur when the system is operational. Such program shall also monitor the amount of water removed by the proposed system and other existing systems within the same primary watershed.

(c)

Multi-year projections of water availability shall be of sufficient length to include both wet and dry cycles of precipitation; such projection shall estimate the amount of water expected to be removed in dry years and the impact of that removal on the environment.

(d)

Water availability data from the drilling of test wells on the site.

3.

Projects which are shown to have adverse environmental impacts which cannot be mitigated shall be denied. However, projects with any abatable adverse impacts on riparian vegetation, wildlife habitats, aquifers, beach sand replenishment, etc. shall be conditioned with mitigation measures recommended in the environmental documentation and any other measures deemed necessary which are approved by the County, after consultation with appropriate wildlife and range managers, responsible agencies, the water supplier, and the PUC. The mitigation measures adopted shall also include specific measures to be taken in the event that the monitoring program described in Subsection E.2.b above discloses adverse effects, specified in the permit conditions, at a later date. Such measures shall be designed to protect natural resources and allow provision of critical water service. Monitoring and the conditional imposition of mitigation measures based upon the monitoring shall be made conditions of approval of the required coastal development permit and may include but are not limited to the following examples:

(a)

Decreasing the amount of water withdrawn by the project.

(b)

Releasing stored water to replenish the environment.

(c)

In the case of a water development project which has not yet commenced service, removing, relocating or discontinuing the water development project.

F.

Parks and Recreation shall initiate negotiations with the City of Avalon and the Southern California Edison Company to establish a "Fair Share" allocation formula for new water resources developed at County expense. If required, the agreed-to formula shall be submitted to the PUC for final ratification.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Detailed plans for solid waste disposal shall be formulated by the applicant and submitted in conjunction with new development applications within the unincorporated portion of Santa Catalina Island. Such plan shall include provisions for recycling paper, metals, plastics and other salvageable materials. Approval of new development is dependent upon the satisfactory provision of sufficient solid waste facilities as determined by the County.

B.

The plan for solid waste disposal shall be consistent with the "County Solid Waste Management Plan Triennial Review" dated March 1984 and any subsequent revisions.

C.

Solid waste disposal shall be concentrated to the maximum extent feasible at the island's two existing solid waste dumps at Pebbly Beach and above Well's Beach in Two Harbors. When a third landfill becomes necessary because of capacity limitations at existing sites, increased solid waste generated by camp-grounds or other visitor-serving uses, or new development at Two Harbors, the owner/operator of the proposed waste facility shall submit an application for a new site located at an abandoned quarry area at Empire Landing in Lot 85 as shown on Maps 3 and 4 of Appendix D. The proposed landfill must meet the requirements of Title 23, California Code of Regulations, Subchapter 15 and be submitted to the Regional Water Quality Control Board to evaluate its suitability as a landfill site.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

A.

Approval of new development is dependent upon the satisfactory provision of sufficient electrical power.

B.

Pebbly Beach shall continue to serve as the focus of utility services for Avalon as well as the entire island. Energy facilities, including existing and experimental, shall expand at Pebbly Beach to the maximum extent feasible before being established elsewhere on the island. Any expansion of an existing electrical generation plant or construction of a new plant shall be consistent with applicable air quality standards.

(Ord. 2019-0004 § 1, 2019; Ord. 89-0148 § 1 (part), 1989.)

All references to Title 22 are to the version of Title 22 (Planning and Zoning Code) of the County Code in effect at the time of this Specific Plan's adoption by the Board.

A.

The Marina del Rey Specific Plan is located in Section 22.46.900 (Purpose) through Section 22.46.1970 (Coastal improvement fund fee).

B.

The Marina del Rey Specific Plan was first certified by the California Coastal Commission on February 8, 1996.

C.

The Marina del Rey Specific Plan, as amended, was certified by the California Coastal Commission on February 8, 2012.

(Ord. 2019-0004 § 1, 2019.)

The provisions of this Part 3 of Chapter 22.46 shall be known as, and may be cited as, the "Marina del Rey Specific Plan."

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995.)

A.

This Specific Plan constitutes the primary implementation mechanism for the Marina del Rey Land Use Plan as first certified by the California Coastal Commission in December 1986, and last certified, as amended, in February 2012.

B.

The objectives of the Specific Plan are fourfold:

• First, the plan documents various development, preservation and reconstruction strategies set forth in the certified Land Use Plan;

• Second, the plan establishes development standards and guidelines which are the regulatory basis for future development, preservation and reconstruction efforts in Marina del Rey;

• Third, the plan requires design concepts to guide reconstruction on individual parcels, to aid in the development of vacant land and to help preserve significant resources;

• Fourth, the plan establishes the governmental review process for new development proposals in Marina del Rey and describes the long-term implementation efforts necessary to accommodate future development.

C.

The Specific Plan may be summarized as follows:

• Communitywide Plan and Design Standards. These standards consist of area-wide design guidelines. Urban design, land use, circulation, parking, access, and infrastructure are discussed.

• Use Restrictions and Development Standards by Land Use Category. These sections contain the uses allowed and the development standards for each land use category in the Specific Plan. The use restrictions and development standards are comparable in form and purpose to the section of a zoning ordinance which defines uses allowed in a development zone, development standards, etc. The development potential for each development zone is also stated in these sections.

• Site-Specific Development Guidelines. The guidelines detail the development potential, development considerations, and required public improvements for each parcel, organized geographically by planning unit. On occasion, parcels are shown in more than one category, or several uses may be permitted on a particular parcel.

• Coastal Improvement Fund. This Section describes the basis and funding mechanism for the coastal improvement fund.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 2, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 91-0004 § 1, 1991: Ord. 90-0158 § 1 (part), 1990.)

A.

A Los Angeles County General Plan was adopted on November 25, 1980. It consists of those countywide chapters and elements mandated by the California Government Code, as well as a series of communitywide plans which set forth more detailed growth and development policies for specific unincorporated communities.

B.

The Countywide General Plan establishes, in a broad perspective, future land use, development and conservation policies for the Marina del Rey area. The Plan further calls for the completion of the Marina Local Coastal Program (LCP), consisting of both a Land Use Plan and Local Implementation Program. The Marina LCP is integrated with the General Plan as a component of the Countywide Coastal Element.

C.

The Marina del Rey Land Use Plan was approved by the Los Angeles County Board of Supervisors on September 13, 1984, and was subsequently certified by the California Coastal Commission on October 11, 1984. The Plan was recertified in December 1986, after Areas B and C were annexed by the City of Los Angeles. An amendment to the Plan was approved by the Board of Supervisors on August 22, 1995 and subsequently certified by the California Coastal Commission on February 8, 1996. A further amendment to the Plan was approved by the Board of Supervisors on March 15, 2011 and subsequently certified by the California Coastal Commission on February 8, 2012. It now serves as the community plan for the Marina del Rey area. This Plan constitutes a refinement of General Plan Policy and provides a basis for its implementation.

D.

This Specific Plan is a key component of the Local Implementation Program for Marina del Rey. It is designed to implement the Marina del Rey Land Use Plan through the application of site-specific development standards and guidelines. The Specific Plan constitutes the most detailed interpretation of General Plan Policy.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 3, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

A.

Where provisions of this Specific Plan are in conflict with other provisions of this Title 22, this Specific Plan shall prevail. For matters on which this Specific Plan is silent, other applicable provisions of Title 22 shall control.

B.

Notwithstanding the provisions of Section 22.46.030 of this Title 22, amendments to the County Code that affect sections cited in this Specific Plan shall not apply to this Specific Plan until certified as amendments to the LCP by the California Coastal Commission. Until such changes are certified, only the versions of the County Code previously certified by the Commission shall apply.

C.

Regulation of development in Marina del Rey will be accomplished by zoning the entire Marina as Specific Plan (SP), shown on Map 1. Development in the SP Zone will be guided by the certified Land Use Plan, as implemented by the development zones, land use categories and parcel-specific development standards and guidelines in the Marina del Rey Specific Plan. One zoning document, the Specific Plan, will be referred to for all development potential within each development zone, and for land use regulations and development standards for each parcel in Marina del Rey.

D.

Height and land use limitations found on pages 16 through 26 of the Specifications and Minimum Standards of Architectural Treatment and Construction (see Appendix C of this Specific Plan) shall not apply to new development approved under this LCP. Amendments to the Specifications and Minimum Standards of Architectural Treatment and Construction (hereafter known as the Manual of Architectural Standards) shall not apply to this Specific Plan until certified as an amendment to the LCP. Until such changes are certified, only the version of the Manual of Architectural Standards (October, 1989) in effect at the time of adoption of this Specific Plan, other than the above-identified height and land use limitations, shall apply.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 4, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1995.)

The urban design concept for Marina del Rey embodies a three-dimensional option that will give the study area a strong, definitive physical image and identity. Key features of the urban design concept include:

• A modified "bowl concept" consisting of a skyline of taller buildings around the outer and northern edges of the Marina, with lower buildings on the moles. The concept will enhance the image of the Marina and will ensure adequate sunlight and wind circulation over the water basin;

• A framework of "community identity elements" to provide a sense of place and establish the character of the area. Such identity elements serve to orient Marina visitors and provide a logical, coherent, unified network of movement, land use and activity;

• Design guidelines to coordinate the visual character of the Marina through the application of Marina-wide guidelines pertaining to landscaping, hardscape and street furniture, signs, quality site design and architectural treatment;

• View corridors to maintain and enhance public views of the harbor are a priority of this plan. Enhancing the ability of the public to experience and view the Marina waters shall be implemented by requiring view corridors in the design of all new or renovated development. Increased view corridors are called for when basic height standards are exceeded. This goal shall be achieved by placing conditions on permits for new development to enhance public viewing, to allow for greater public access, and to create view corridors to and along the waterfront.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 5, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1(part), 1990.)

A.

The identity and image of an area is established by many elements, including buildings, landscaping, signs and in the case of the Marina, by its water-related activities. Except for its marine-oriented activities, the Marina does not have a strong image or identity. Some of the physical elements in the Marina area such as fences, gates and signs inadvertently discourage public use and access. The prospect of reconstruction on certain moles, however, brings the potential for establishing a more unified visual environment and identity in Marina del Rey.

B.

Key community identity elements include:

• Marina Gateways and Entrances. These important entry points into the existing Marina from Lincoln, Culver Boulevard and Washington Street are where most people get their first orientation to the area. A combination of landscaping, signs and lighting orients motorists, bicycle riders and pedestrians to the Marina and specific destinations within it;

• The Parkway Edge. This is a heavily landscaped strip around the edge of the Marina to the north jetty of the Main Channel which creates a strong identity for the Marina;

• The Loop Road. Most allowable new high-rise and midrise development will be along Admiralty Way and Via Marina. This loop road has its own landscaped character, with signs, lighting, the pedestrian promenade and bicycle trail;

• Mole Roads and Intersections. Mole roads and intersections have special identity features, including signs identifying visitor-serving facilities or other attractions on each mole;

• Pedestrian Walkways and Bicycle Trails. The walkways and bicycle trails are a primary means for access to activities in the Marina. Design of these elements with safety and compatibility in mind is of utmost importance in facilitating public use and enjoyment of the Marina. All walkways must be accessible to the physically impaired. Outdoor eating patios are encouraged along the bicycle and pedestrian trails;

• View Areas. A view area shall be defined as a point for observation of boats, docks, Marina waters and regional surroundings. Facilities may include benches and telescopes. Other park-like facilities are not standard in view areas;

• View Corridors. A view corridor is an area located between the water and the first public road open to the sky and allowing uninterrupted views of the harbor from the road to the waterside, at ground level. The corridor may be combined with fire roads and public accessways.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Communitywide design guidelines concern several areas. These areas include landscaping, signs, site planning, and architectural treatment. These guidelines are considered to be mandatory when the word "shall" is used and are permissive when the word "may" is used. Developments shall be analyzed for conformance with this Specific Plan and with the identity and accessibility of the Marina as a public boating and recreational facility through the coastal development permit process. The analysis shall address, at a minimum, public access, height, circulation, massing, visual impact, views and view corridors, compatibility of uses in a mixed use project, and the visibility and convenience of public spaces as they pertain to the policies of this LCP. During the coastal development permit process, the Commission or Hearing Officer shall require modifications to development proposals where necessary to achieve consistency with the LCP.

A.

Landscaping. Landscaping shall include trees and shrubbery, with adequate ground cover to protect the soil. Landscaped borders used to shield obtrusive uses shall have a minimum width of eight feet and shall consist of vegetation of sufficient density to hide the use. Landscaping along site perimeters shall have a minimum width of eight feet and shall allow visual access into the lot, except where the landscaping is being used to screen an obtrusive use. These standards shall be implemented in a manner consistent with all other provisions of the certified LCP to encourage unique site design. Layout, components, and quantity of landscaping for development in the existing Marina shall be subject to approval by the Design Control Board.

B.

Lot Coverage. Lot coverage, by buildings, shall be limited as otherwise restricted in the Specific Plan, and shall not exceed 90 percent of the net lot area; a minimum of 10 percent of the net lot area shall be landscaped.

C.

Parking.

1.

Parking standards in Marina del Rey shall be as set forth in Part 11 of Chapter 22.52 and Appendix 3 of this Title 22.

2.

Applicants for office and commercial development are required to consult with the Department of Beaches and Harbors to determine how to locate and manage multiuse parking facilities. The Director must find that the multiuse facilities are consistent with the LCP, and that all uses will receive adequate parking. The intent of multiuse, otherwise known as dual or shared use, parking is to provide additional parking for shoreline access and recreational uses during peak visitation periods which coincide with nonpeak office/commercial working hours. All calculations for shared parking demand shall provide spaces for public access parking. Procedures for multiuse parking, deviation from the aforementioned parking requirements, including provisions for off-site parking, or any other parking variance shall be as set forth in Part 7 of Chapter 22.56 of this Title 22.

D.

Signs.

1.

Signs shall be as detailed as possible without becoming unreadable. The Design Control Board specifically regulates signs in the existing Marina through the application of standards set forth in the Board's Revised Permanent Sign Controls and Regulations, a section of the Manual for Architectural Standards, certified in 1990 as Appendix C.

2.

Signs shall also be regulated by the provisions of Part 10 of Chapter 22.52 of this Title 22 and the Design Control Board's Revised Permanent Sign Controls and Regulations of September 16, 1971 (Appendix C). In the event of a conflict between the Design Control Board's requirements and Title 22, the most restrictive standard shall prevail. Each land use category set out in this Specific Plan shall be subject to the sign standards for a comparable zone designated in Section 22.12.010 of this Title 22. Comparable zones shall be assigned according to the following chart, except that off-premises or outdoor advertising signs shall be prohibited:

E.

Site Planning and Architectural Design. Site planning and architectural design include such elements as structural height, bulk, spacing, on-site open space, facade design, materials, and colors.

1.

Site Planning. Planes of the exterior building walls should vary in depth and/or direction to avoid bulk and monotony, and should relate closely to the pedestrian promenade. Building placement and design shall avoid long, continuous blocking of water views.

2.

View Corridor Requirements. Parcels located between the water and the first public road shall provide a view corridor allowing uninterrupted views of the harbor from the road to the waterside, at ground level. The design, location and feasibility of view corridors shall be determined by the Director and shall be based on the distance from the first public road to the bulkhead, the parcel's land use category, configuration and the intensity of development allowed by the Specific Plan.

a.

Where a view corridor is physically feasible, the optimum width of such a view corridor shall be a minimum of 20 percent of the water frontage of the site.

b.

Where the Director finds an alternate method for providing a view corridor, the Director may apply credit toward the view corridor percentage standards.

c.

Where the Director finds that a view corridor cannot be physically located anywhere on the parcel to provide a view of the harbor from the road, the Director may waive the requirement.

3.

View Corridor Standards. View corridors shall be maintained so as to provide an unobstructed view of the bulkhead edge, masts and horizon for pedestrians and passing motorists. Unobstructed views are defined as views with no inhibition of visual access to the water. Parking lots may be depressed below grade such that views are possible over parked vehicles; the Director shall determine whether a parking lot designed as such warrants credit toward the view corridor requirement. A depression of two feet below grade shall be the minimum considered for view corridor credit through a parking lot. Additionally, landscaping shall be placed and maintained so as not to obstruct water views. Where the Director finds that such combination is appropriate, view corridors shall be combined with vertical accessways.

4.

Architectural Design. Among other important objectives, good architectural design is essential in maintaining compatibility among adjacent land uses and preserving important public amenities such as view corridors and scenic vistas. Balconies, terraces, and patios are encouraged. Outdoor dining facilities which do not interfere with public accessways are also encouraged to take advantage of water views and scenic vistas throughout Marina del Rey in those areas where restaurants are allowed by this Specific Plan; such facilities shall comply with the public view and public access provisions of this Specific Plan and the provisions of Subsection G of Section 22.28.070.

5.

Building Height Standards. Unique site design with respect to height and setbacks is encouraged on all parcels in Marina del Rey. Heights shall be limited according to the following standards: the development standards of each land use category and the Site-Specific Development Guidelines. Where the land use category height standards found in Section 22.46.1690 differ from the site-specific standards found in Sections 22.46.1790 through 22.46.1940, such site-specific standards noted in the applicable portion of Sections 22.46.1200 through 22.46.1690 shall control. Maximum heights may be reduced during the coastal development permit process to preserve public recreation, solar access to the beaches, parks and boat basins and wind for sailing or as otherwise required in all other policies of the certified Land Use Plan and this Specific Plan. In certain categories, the maximum height permitted is dependent on the size of the view corridor provided. Building heights in the Marina shall be restricted according to the following seven categories:

a.

Category 1: one story, 25 feet maximum;

b.

Category 2: 45 feet maximum;

c.

Category 3: 45 feet maximum when a 20 percent view corridor is provided ranging to 75 feet maximum when a 40 percent view corridor is provided. Height above 45 feet shall be permitted at the ratio of 1.5 feet in height for every one percent view corridor exceeding the 20 percent;

d.

Category 4: 140 feet maximum;

e.

Category 5: 140 feet maximum when a 20 percent view corridor is provided ranging to 225 feet maximum when a 40 percent view corridor is provided. Height above 140 feet shall be permitted at the ratio of 4.25 feet in height for every one percent view corridor exceeding the 20 percent standard;

f.

Category 6: 225 feet maximum;

g.

Category 7: other site-specific maximums;

6.

Communitywide design guidelines shall be followed by the Commission and Hearing Officer during the coastal development permit process. The Design Control Board shall continue to review architectural designs and site plans, and may make recommendations to the Commission and Hearing Officer for development projects in the existing Marina pursuant to Section 22.46.1110.

F.

Fire Safety Standards. The following standards shall apply to all new development and renovation or expansion of existing development, where applicable.

1.

Sprinklers. All new development shall be required to provide fire sprinklers consistent with the specifications of the Fire Department. Further, remodeling or expansion projects involving 50 percent or more of the existing floor area of said project shall be subject to review by the Fire Department for sprinkler requirements.

2.

Multi-story Buildings. Where a new building exceeds three stories or 35 feet in height, the following site design standards shall apply:

a.

Emergency access (or clear zones) on the lateral sides of all multi-story buildings shall be required to be a width of 28 feet, subject to Fire Department determination. A lesser width may be approved where the Fire Department finds such width provides sufficient emergency access; a greater width may be approved where the Fire Department finds such width to be necessary for the provision of adequate emergency access. This emergency access requirement may concurrently apply to 20-foot-wide pedestrian promenades consistent with subsection F.2.b of this Section. Where a building is not more than 10 feet from the edge of a road, the roadway may serve as the required access area for that side of the building. Clear zones provided on the sides of buildings may count toward any linear view corridor requirements for buildings located between the first public road and the sea; and

b.

The pedestrian promenade and Fire Department access road may be used for dual functions provided that the Fire Department maintains unimpeded access on no less than 20 feet of all pedestrian promenades at all times. These promenades shall be no less than 28 feet wide to allow benches, trash containers, shade structures, and other pedestrian amenities on the seaward-most eight feet of the promenade. The remainder of the promenade shall conform to fire access road requirements and shall be a minimum of 20 feet wide clear to the sky, with no benches, planters, or fixed objects. As an alternate configuration, the Director, in conjunction with the Fire Department, may approve a 20-foot-wide clear pedestrian/fire access road with a series of 10-foot-wide improved viewpoints no less than 150 feet apart. These viewpoints shall be located adjacent to the bulkhead line. In either configuration, turn radii shall be approved by the Fire Department.

G.

Residential Mitigation requirements.

1.

New residential development shall provide compensatory recreational facilities to offset local residential uses of existing Marina park and recreational facilities. Where feasible, such facilities, as identified in Subsection G.3 of this Section, shall be provided on site as a means of meeting this requirement. Alternatively, where an applicant demonstrates that it is not feasible to locate all, or only a portion of recreational facilities on site, then the applicant shall contribute, on a fair and equitable basis, to a Coastal Improvement Fund. Senior congregate care housing is exempt from this requirement.

2.

Residential Mitigation Standard. The public park land area requirement shall be based upon providing three acres of public park land for every 1,000 new residents, or portion thereof. Alternatively, a mitigation fee may satisfy the requirement. The fee shall be based upon the estimated cost of improving an equivalent amount of public park land on a public parcel within the Marina. An applicant may choose to meet the requirement by providing a combination of land area and fee.

3.

Mitigation Credit. On-site land area credits toward this requirement shall be given for the following facilities: clearly defined and exclusively reserved internal land area devoted to private recreation of the residents, public park land, that portion of the pedestrian promenade or view corridor not designated as a fire access road, and viewing parks at the end of the mole roads, or adjacent to the main channel.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 6, 2012; Ord. 2009-0004 § 1, 2009; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Variances from the development standards contained in this Specific Plan may be applied for pursuant to the provisions of Part 2 of Chapter 22.56. In addition to the burden of proof contained in Section 22.56.290 of said Part 2, the applicant shall also prove:

A.

That the variance is consistent with the Local Coastal Program including the land use category of the Specific Plan and the public access and recreation policies of the Coastal Act; and

B.

That there would be no adverse impact on the environment.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

The type, intensity, and distribution of existing and future land uses within Marina del Rey are shown on the Specific Plan Land Use Map (see Map 8 set out at the end of this Part 3). The land use categories delineated include:

• Residential III: Medium density, up to 35 dwelling units per net acre;

• Residential IV: Medium-high density, up to 45 dwelling units per net acre;

• Residential V: High-density, up to 75 dwelling units per net acre;

• Senior Facilities:

A.

Senior accommodations: Housing for persons age 62 or older who may or may not be retired, subject to the development standards set forth in Section 22.46.1338. A senior accommodations facility shall not be considered a residential use for purposes of allocating dwelling units when calculating density or for assessing affordable housing requirements or assessing transient occupancy taxes or fees; and

B.

Congregate care for seniors:

• Hotel: Hotels, motels, and youth hostels to provide overnight accommodations and attendant services for visitors to the Marina and nearby beaches;

• Visitor-Serving/Convenience Commercial: Dining facilities, retail, and personal services for visitors to the Marina and nearby beaches, as well as residents and employees of Marina del Rey;

• Offices: General offices, government offices, professional offices, and financial institutions;

• Marine Commercial: Coastal-related or coastal-dependent uses associated with operation, sales storage, and repair of boats and marine support facilities including wet slips, boating schools, dry storage and launch facilities, boat repair yards, yacht brokerages, and marine associated retail and office uses;

• Boat Storage: Storage of boats in wet slips, dry storage, boat repair, ancillary retail uses;

• Parking: Parking lots and structures open to the public, in most cases multi-use and fee-charging. Multi-use includes commercial and office parking lots made available during non-business hours, and also landscaped park areas improved to be also usable for parking during those weekends when parking demand for the Marina is at its peak;

• Public Facilities: Public infrastructural land uses other than roads, including libraries, harbor administration, public utilities, police, and fire facilities;

• Open Space: Recreational uses including open viewing areas, promenades, bikeways, beaches, parks, and water bodies for recreational use;

• Water: A category for recreational use, wet boat slips, dry stack storage facilities attached to a land side structure, launching, docking and fueling of boats, flood control and water quality, and light marine commercial;

• Mixed Use Overlay Zone: An overlay category applied to selected parcels in addition to the site's primary land use category. Permits the combination of above land use categories on a parcel and mixing of uses within a structure;

• Waterfront Overlay Zone (WOZ): An overlay category applied to all waterfront parcels in addition to the site's primary land use category. Encourages coastal-oriented and coastal-dependent uses on the waterfront, permits the combination of Hotel, Visitor-Serving Convenience/Commercial/Retail, Marine Commercial, and the site's primary land use, as well as mixing of uses within a structure.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 7, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

A.

The monitoring program implements the development limitations and phasing policies as established by the certified Marina del Rey Land Use Plan. Cumulative development and peak hour trips will be monitored and totaled for each development zone as projects are approved.

B.

Development in the existing Marina is classified as Phase II* (see Table 1 set out at the end of this Part 3). All new development in the existing Marina will be subject to the build-out limitations of each development zone, phasing restrictions, land use category, and the site-specific standards of this Specific Plan.

C.

Development Limitations and Phasing. Specific monitoring criteria for development phasing are described as follows:

1.

Development Monitoring. Additional development is limited to the buildout identified in Table 1 for each of the three Major Development Zones (MDZ). The total potential for additional units and amount of commercial and residential development allocated under this LCP will generate traffic which can be accommodated by the improvements listed in the Revised Set of Intersection Improvement Projects, as set forth in Section 22.46.1100.C of this Specific Plan.

Except for Parcel 9, all development in Major Development Zones 1 through 3 will involve redevelopment or remodeling of existing developed lots. A parcel may apply for development contained within the development zone where the parcel resides; the development applied for must be consistent with the land use category, overlay zone (if any), and site-specific standards of the parcel. Development will be monitored by development zone such that after a redevelopment project receives approval, the additional development granted as part of the approval over and above the level of existing development on the site shall be deducted from the development available in the parcel's zone. The balance will be the development available for future redevelopment projects in the zone. A zero development balance in a zone indicates that additional development has been exhausted in that zone; future development in the zone at that time is limited to recycling of uses with no expansions or increased trip generation.

2.

Residential Development. As residential development occurs, the total number of dwelling units shall be monitored and the net increase in any development zone shall not exceed the number of residential units allocated to that zone, less the number of units converted to a visitor-serving or coastal-oriented use, if any. Residential densities on mixed use parcels, where the floor area of the nonresidential use exceeds 10 percent of the total floor area, shall be figured using only the residential buildable area, not the buildable area for the entire parcel. The buildable area for the entire parcel may be used in residential density calculations where the floor area of the nonresidential use is 10 percent or less of the total floor area. The residential buildable area shall be determined by taking the parcel's buildable area, less the area devoted to all other land uses. Existing boat storage, public access, public parking, and boating support uses in residentially zoned areas in the WOZ shall be preserved, except as otherwise described in this Subsection. With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, as part of the application, these boating facilities may be relocated on the same parcel or to another parcel within the Marina, as long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use. The trips generated by such a use shall not be considered as additional development when calculating allowable new trips in the WOZ.

Subject to these limitations, residential projects in the WOZ may use land area devoted to visitor-serving, marine commercial, and other coastal-oriented uses in calculating the residential buildable area. In mixed-use developments involving several uses on different floors in a building, the residential area shall be determined on an overall percentage basis. Density may be transferred from one parcel to another as long as the parcels are adjacent, in the same development zone, under the same ownership, designated with the same land use category and consistent with the buildout allocations of each applicable development zone.

3.

Transportation Improvements. Expanded transportation facilities should accompany additional development in Marina del Rey and, approval of development projects in the Marina will be contingent upon the developers' fair share payment of trip fees to fund the improvements. Said trip fees will be dependent upon the number of additional p.m. peak-hour trips generated by the project and the established cost per trip.

4.

Applicants for any development project shall produce a traffic study to evaluate the traffic capacity in both the Marina del Rey internal system and the subregional highway system serving the Marina.

a.

The traffic study shall indicate the project's significant adverse traffic impacts, if any, on the internal Marina del Rey routes. The applicant shall pay a proportional fair share of necessary internal traffic improvements before a coastal development permit for the development is issued. Public Works shall establish the payment per p.m. peak-hour trips for these traffic impacts in the Marina.

b.

The traffic study shall also indicate the project's cumulative impacts, if any, on the major State highways and routes leading to the coast in the Marina area and provide information regarding the capacity of such routes. The applicant shall pay a proportional fair share of necessary subregional traffic improvements, resulting from such cumulative impacts, if any. Public Works shall determine the payment per p.m. peak-hour trips for these subregional traffic improvements.

5.

Recycling of Parcels. Parcels in the existing Marina may recycle existing uses, where allowed by the Specific Plan, as long as there is no net increase in vehicle trips in the applicable Development Zone. For purposes of this Section, "recycling" is defined as the renovation, demolition, or removal of existing structures and the subsequent reconstruction, construction, or replacement of new structures consistent with the other requirements of this Section. Recycling of parcels which does not involve a net increase in vehicle trips is development, but is not dependent on the phasing program described in Subsection 4 of this Section. No change of use or Phase II development will be allowed under this scheme.

6.

Conversion.

a.

WOZ. Existing and allocated residential and office development in Development Zones with the Waterfront Overlay may be converted to visitor-serving, hotel, open space, marine commercial, or other coastal-oriented development. Boat storage, public access, public parking, and boating support uses, including boater parking, shall be preserved, but as part of an application, these uses may be relocated on the same parcel or to another parcel within the Marina, as long as the size, ability to carry out the purpose of the facility, water access, and capacity of the facility remains the same. Subject to these limitations, existing and allocated visitor-serving, marine commercial, and coastal-oriented development may also be converted to other visitor-serving, marine commercial, and coastal-dependent uses. Conversion of development shall be consistent with Subsection C.6.c of this Section.

b.

Mixed Use Overlay Zone. Existing and allocated residential and office development in Development Zones with the Mixed Use Overlay may be converted to visitor-serving, marine commercial, or other coastal-oriented development. Conversion of allocated uses shall be limited to 10 percent of the residential units or office square footage allocated in the zone where the conversion occurs. Boat storage, public access, public parking, and boating support uses shall be preserved, but as part of an application, these uses may be relocated on the same parcel or to another parcel within the Marina, as long as the size, ability to carry out the use, and capacity of the facility remains the same. Subject to these limitations, existing visitor-serving, marine commercial, and coastal-oriented development may also be converted to other visitor-serving, marine commercial, and coastal uses. Conversion of development shall be consistent with Subsection C.6.c of this Section.

c.

The conversion units shall be p.m. peak-hour trip generation such that the number of p.m. peak-hour trips generated by the added development of the recipient use does not exceed the p.m. peak-hour trip generation of the donor use. Conversion of allocated development shall be monitored such that the development converted is deducted from the zone balance for the donor use and added to the zone balance for the recipient use. Conversion of existing development shall be similarly monitored to ensure no increase in trip generation occurs as a result of the conversion. Conversion is limited to development within a respective Development Zone; conversion shall not be construed to allow transfer of development between Development Zones.

d.

The site plans of converted or mixed uses shall be reviewed during the coastal development permit process to assure that the design will enhance compatibility of the uses with each other and with adjoining uses. The site plans shall show massing, public access and views, pedestrian and automobile traffic patterns, convenience of loading and trash hauling, and the separation of public and residential routes and entrances of the building as they relate to the project's consistency with the LCP. Design changes necessary to assure compliance with the access, visual quality, recreation, and other policies of this LCP shall be incorporated into the coastal development permit as conditions of development.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 8, 2012; Ord. 2009-0004 § 2, 2009; Ord. 2001-0010 § 3, 2001; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

*Phase I constitutes the existing level of development. Phase II represents the redevelopment of the Marina at greater densities; the numbers noted represent the additional residential units and other new development within each development zone.

A.

The circulation system is the single most important infrastructure component in the Specific Plan Area. It is comprised of the following:

• Region-serving transportation facilities;

• Local roadway system (Map 16—Regional Circulation System Map);

• Local and regional bikeway network;

• Pedestrian promenades and walkways;

• Local and regional public transit services.

B.

An important component of the circulation system is the Transportation Demand Management (TDM) program which maximizes system-operating efficiency and thereby enhances access to and travel within the Marina area.

1.

Roadway System. Special roadway sections are anticipated to accommodate bikeways, non-vehicular circulation components, and landscaped areas.

2.

Pedestrian and Bicycle System.

a.

The pedestrian and bicycle system is an important component of the overall circulation system. The pedestrian promenade and bicycle path enhance shoreline access and implement a number of policies in the land use plan. The pedestrian promenade is illustrated on the Existing Shoreline Access Map (Map 4) (see Map 4, set out at the end of this Part 3).

b.

Pedestrian system physical features include:

• Identification striping, markers, and signs;

• Lighting;

• Smooth, continuous paving (handicap accessible);

• Directories, benches, and drinking fountains.

c.

Bicycle system features include:

• Connections to the Marvin Braude Bicycle Trail;

• Access around the entire Marina area, to all land uses, including visitor-serving facilities and beaches;

• Identification striping, markers, and signs;

• Smooth, continuous paving;

• Directories, bike racks, benches, drinking fountains, and storage lockers at all land uses;

• Connections to other travel modes (bus stops, park and ride, transit stations, bus transportability).

d.

The bicycle system should maximize access without compromising safety. Separate right-of-way, minimizing driveways that interfere with the route and compatible intersection design are desirable in a bicycle system.

C.

Proposed Circulation Improvements. The circulation system improvements in this LCP include the Revised Set of Intersection Improvement Projects for the Marina's internal roadways set forth in this Subsection C, and are expected to provide sufficient capacity in Marina del Rey to accommodate future development in the Marina as envisioned by this Specific Plan.

1.

The Revised Set of Intersection Improvement Projects within the Marina that would provide sufficient capacity for the Pipeline Projects, as defined in the Marina del Rey Land Use Plan, and for the Marina build-out, are as follows:

• Via Marina/Admiralty Way Intersection Alternatives:

a.

Alternative A—Providing a third westbound left-turn lane on Admiralty Way and a second southbound left-turn lane on Via Marina.

b.

Alternative B—Realigning this intersection to make Admiralty Way and the Via Marina Way segment south of Admiralty Way become a continuous east-west roadway and realigning Via Marina north of Admiralty Way to "T" intersect this roadway.

• Palawan Way/Admiralty Way Intersection. Providing a third through lane in the westbound direction of Admiralty Way.

• Admiralty Way/Bali Way Intersection. Providing a second southbound left-turn lane on Admiralty Way.

• Admiralty Way/Mindanao Way Intersection. Providing a second southbound left-turn lane on Admiralty Way and an additional lane on the eastbound approach of Mindanao Way.

The required internal improvements and final striping configuration at these intersections will be determined by Public Works. With respect to external improvements to the Regional Transportation System, such improvements are listed under Category 3 in Figure 11 of the Marina del Rey Land Use Plan. Moreover, Public Works may add other coastal access or public transportation improvements to this list of external improvements to mitigate significant adverse cumulative impacts of development on the Regional Transportation System.

2.

A water taxi and shuttle bus now operate during the summer months, and the water taxi makes stops at seven different locations in the Marina. Expansion of the summer shuttle bus to a year-round shuttle bus system would enhance public access to the Marina area and reduce impacts of residential, commercial, and hotel development on access facilities, including impacts on both Marina facilities and nearby beaches attributable to the growing Marina/Playa Vista population. When there is sufficient ridership demand, a year-round shuttle system would be most efficient and cost-effective if implemented in conjunction with a light rail transit system. A year-round shuttle system is not required for traffic mitigation but can be established in conjunction with developments in and around the Marina.

3.

No development shall be contingent on transportation improvements that must occur outside the County jurisdiction until such improvements have been adopted, cost estimates prepared, and the routes chosen by the agencies which have jurisdiction over the route. Any required mitigation of cumulative impacts may constitute contribution of a fair percentage share of traffic increases toward the total cost of completing the mitigation measure(s), based on the applicant's share of traffic increases in the subregional system. The County's ability to require such mitigation as a condition of development is contingent upon demonstration of a nexus between the proposed development's impact and the mitigation measure required, and that the required mitigation compensates for the impact warranting such mitigation.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 9, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 91-0004 § 2, 1991; Ord. 90-0158 § 1 (part), 1990.)

All development in Marina del Rey shall require a coastal development permit, processed in accordance with Part 17 of Chapter 22.56 of this Title 22. At the public hearing conducted by the Commission or Hearing Officer, any recommendations submitted by the Design Control Board pursuant to Subsection D shall be considered. Development shall be approved if a finding is made that the development conforms to the certified LCP, and for projects between the first public road and the sea, also conforms to the access and recreation policies of the California Coastal Act.

A.

Development in Marina del Rey shall be assessed during the coastal development permit process to identify the development's impacts and needs associated with the public's right to recreational access to and along the waterfront, including how on-site open space and project features facilitate public uses. The conditions imposed by the County upon such developments shall reasonably relate to the impacts and needs of the affected development and related development. The conditions shall be those which are necessary to alleviate all significant adverse direct and cumulative impacts including those needs identified in the development assessment process. Therefore, the provisions in the Specific Plan relating to compulsory dedication of shoreline access shall be implemented on a case-by-case basis, and appropriate findings supported by substantial evidence shall be adopted by the local agency to support such conditions. The conditions shall substantially advance a legitimate state interest, without denying a lessee or owner economically viable use of the land.

B.

In Marina del Rey, all land is owned by the County and all leaseholders hold leases subject to an obligation to provide for active public use, and maximum public enjoyment of the public recreational land. Private rights have been granted by contracts, which in some cases limit public use of the parcels. Existing public accessways are identified in Existing Shoreline Access Map (Map 4) of this Specific Plan (see Map 4 at the end of Part 3 of this Chapter), and it is the policy of the County that all development preserve existing access to the Marina, to its bulkhead walkways, and to its waters. Where development will increase the numbers of residents or guests on the parcel, this Specific Plan identifies additional bulkhead access and identifies that a public access corridor or other public accommodations in that location would benefit the public, said additional access, including vertical access, shall be guaranteed by the leaseholder of that parcel pursuant to Subsection A of this Section.

C.

Lease Extension. In the County-owned Marina del Rey, when lease extensions and/or changes in lease provisions are granted, the leases shall incorporate and be consistent with all requirements of this Specific Plan, including, but not limited to public access, view corridors, parking, impact fees, maintenance of view corridors and parks, protection of existing uses and design review.

D.

Design Control Board. The Design Control Board, appointed by the Board of Supervisors, shall review all new development proposals, including renovations, for consistency with the Specifications and Minimum Standards of Architectural Treatment and Construction, as amended on October 17, 1989; the Statement of Aims and Policies, dated February 17, 1987; and the Revised Permanent Sign Controls and Regulations, dated September 1971, found in Appendix C of the certified LIP.

1.

The Design Control Board shall conduct a conceptual review of all new development proposals, including renovations, concurrently with the coastal development permit process. The conceptual review shall analyze the architectural design (i.e., building and facade design) and site planning of the proposed development. Any recommendations, including a written report and/or marked plans, to illustrate its conclusions relating to the project's architectural design (i.e., building and facade design) and site planning shall be submitted by the Design Control Board to the Commission or Hearing Officer within 120 days of the filing of a coastal development permit application.

2.

Following the Commission's or Hearing Officer's action on coastal development permits, the Design Control Board will have final review of architectural design (i.e., building and facade design, materials, colors), landscaping, and signs based on the site plan approved by the Commission or Hearing Officer.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 10, 2012; Ord. 2009-0004 § 3, 2009; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

In order to make the appropriate findings to impose vertical or lateral access requirements, the County shall:

A.

Base all findings on factual evidence obtained at the public hearing, submitted by the applicant or interested parties, or discovered during the staff's investigation;

B.

Evaluate the individual and cumulative impacts of the proposed development on public access and recreation opportunities;

C.

Identify the access-related problems associated with the development;

D.

Cite the specific Coastal Act provisions that are impacted by the development;

E.

Explain how the proposed conditions would solve the access problem created by the development and are related in the nature and extent to the impacts of the development on the public's right to access the Marina.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Where development is allowed by the Specific Plan, and access is required by the Site-Specific Development Guidelines for the parcel or is found to be necessary to provide access to and along the water, a condition requiring said access will be imposed with a coastal development permit if appropriate findings supporting the nature and extent of such access conditions have been made. Other open space or public access improvements required to ensure compliance with this Specific Plan shall also be made conditions of the project.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

The condition requiring lateral or vertical access shall specify that such access be secured by either of the following:

A.

The landowner shall execute and record a document, in a form and content acceptable to the Executive Director of the California Coastal Commission, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an easement for lateral public access and passive recreation along the shoreline or for vertical access to the shoreline. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. Such document shall state the precise location and width of the easement. The document shall be recorded free of prior liens which the Executive Director determines may affect the interest being conveyed, and free of any other encumbrances which may affect said interest. The offer shall run with the land in favor of the people of the state of California, binding successors and assignees of the landowner, and shall be irrevocable for a period of 21 years, such period running from the date of recording.

B.

Lease Provisions. Lease provisions shall explicitly require provisions for access for the general public including promenades, view and open space areas, and access corridors consistent with the requirements of Chapter 3 of the Coastal Act and the certified LCP.

C.

When no changed lease provision is required, an alternate method approved by the Director, County Counsel, and the California Coastal Commission which would provide a similar guarantee of public access as afforded by the irrevocable offer described in Subsection A of this Section. Such method may be a binding agreement with the underlying leaseholder or property owner and shall be effective for the life of the use for which the access is required. In no event shall any party withhold its approval to feasible alternate methods.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 11, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

The following provisions pertain to shoreline accessways which are dedicated or otherwise guaranteed in conformance with the requirements of this Specific Plan and for which a public agency or private association, approved by the Executive Director, has accepted the responsibility for construction, maintenance and liability of said accessways:

A.

Vertical access easements shall be combined with the Fire Department required vertical access and shall be at least 28 feet in width and shall run from the shoreline to the nearest roadway available for public use. Lateral access easements shall extend as required for the individual parcel in this Specific Plan. No development shall reduce existing access, formal or informal.

B.

Leaseholds developed with access easements shall provide, where feasible, for public recreation, public open space and improved public seating and viewing areas.

C.

Access easements shall be posted with identification signs located at the junction of the vertical easement with the shoreline and the connecting roadway and along the inland extent of lateral easements.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

A.

Public access may be restricted in certain locations around the Marina, such as in front of the Sheriff's station, U.S. Coast Guard facilities, and near boat yards, launch hoists, and dry stack storage areas in the interest of pedestrian safety. Necessary restrictions and management may consist of, but are not limited to, the following:

• Construction of fences, guard rails or other barriers to prevent the public from entering areas where hazardous activity is occurring;

• Limiting public access to certain hours of the day or days of the week when hazardous activities are not in operation;

• Posting of warning signs which notify the public of potential safety hazards;

• Relocation of the public access to ensure pedestrian safety.

B.

Any restrictions deemed necessary by the authority supervising a site determined to be hazardous shall be reviewed for incorporation into the conditions of a coastal development permit for new development in these areas.

C.

Where access standards of a different width or location are necessary to avoid demolition of existing structures, to set access ways back from existing development, or to avoid hoists and staging areas, the applicant may provide access ways of a different width or location that are sensitive to the development if such access provides continuous connection to other bulkhead access ways, as well as maximum public benefit. In no event shall access provided be less than ten feet in width.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 12, 2012; Ord. 95-0058 § 1, 1995: Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Beyond the circulation system, other major infrastructure systems serving the Specific Plan Area include sewer, water, storm drains, and utilities.

A.

Sewer. The County maintains a contractual agreement with the City of Los Angeles to provide sewer services for the Marina area. The purchase of flow rights includes the use of the sewers and pumping system as well as treatment at the Hyperion Plant near Imperial Highway. Maintenance of the sanitary sewers within the Marina is the responsibility of Public Works, Waterworks and Sewer Maintenance Division. There is currently sufficient sewage capacity to handle only a portion of the development permitted by this Specific Plan.

Appropriate phasing of new development may be necessary because of capacity limitations at the Hyperion Plant. Proof of adequate sewer and waste treatment capacity for new development will be required per the provisions of Subsection A.13 of Section 22.46.1180.

B.

Water. The Marina purchases its water from the Los Angeles County Waterworks District No. 29. Current water supplies may be adequate for existing and proposed developments in the existing Marina. As part of the application for development, the applicant shall provide evidence of compliance with all requirements of Public Works, including payment of all required fees and participation in all districts required at the time the application is filed. The required improvements will be determined when applications for development or subdivision are submitted to the Department and reviewed by Public Works and the Fire Department. The application for the coastal development permit shall include a method of funding and schedule of construction of any facilities required by Public Works and/or the Fire Department to serve the proposed development.

Water service may alternatively be provided by connection to facilities operated and maintained by the City of Los Angeles, Department of Water and Power. Proof of adequate water capacity for new development will be required in Subsection A.13 of Section 22.46.1180.

C.

Storm Drains.

1.

The existing Marina is served by storm drains which deposit flows into the Marina basin. The drains are expected to be adequate to accommodate future development. To reduce the amount of pollutants entering the Marina from Ballona Creek, Public Works will implement appropriate best management practices within the Ballona Creek watershed, as required by the County NPDES municipal stormwater permit.

2.

Unless otherwise required by the Regional Water Quality Control Board and the County Flood Control District, the storm drain emptying into Basin H will be capped and diverted into Ballona Creek or another area of the Marina.

D.

Solid Waste. Lessees in the existing Marina contract with five private companies for solid waste disposal. These companies use existing commercial landfills as available.

E.

Utilities.

1.

Electricity in the Marina area is provided by Southern California Edison. The present substation, located on Fiji Way, can accommodate moderate additional load. If development generates demand beyond capacity, a new substation will be required.

2.

Natural gas for the Marina is supplied by the Gas Company. Supplies for existing and future development are expected to be adequate.

3.

General Telephone and Electronics provides telephone service to the Marina. Central office lines are currently in place to serve the area, and they have sufficient capacity to serve future needs.

F.

Fire Safety Services. A new fire station and support facilities may be required in conjunction with development anticipated in this LCP. The size and location of new fire facilities shall be determined after Fire Department study and evaluation for optimal response and service. As part of the application for development, the applicant shall provide evidence of compliance with all design requirements of the Fire Department and evidence of participation in any special district established for fire protection.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 13, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

A.

An application for new development shall contain the following information. In the case of an application for a coastal development permit, the information shall be in addition to the material required in Section 22.56.2310 relating to coastal development permits.

1.

Protection and Enhancement of Shoreline Access and Views. New development located between the first public roadway and both the existing and proposed bulkheads shall protect existing public access and views to the Marina. New development shall provide accessways, promenades, view parks and view corridors consistent with Chapter 3 of the Coastal Act and all requirements of the certified LCP. Minimum requirements for the protection and enhancement of shoreline access and views are found in the Site-Specific Development Guidelines in this Specific Plan. Development applications shall include information, including changes in the provisions of the lease, if the underlying project requires any changes in lease provisions, adequate to demonstrate compliance with these access/view requirements.

2.

A report prepared by a biologist subject to the criteria set forth in the Marina del Rey Land Use Plan, and approved by the Department, must be submitted. The report shall discuss the proposed development's impact on the biological productivity of the terrestrial and marine resources within and adjacent to Marina del Rey, and if any Sensitive Biological Resources, as defined in the Land Use Plan, are affected, the report shall set forth the precautionary measures to be taken for the protection of these resources, both during construction and for the long term. Mitigation measures must be proposed for any negative impacts. The following items must be considered when assessing impact:

• Effects of any additional pollutants due to increased runoff caused by new development;

• Potential changes in water temperature and biological productivity caused by outfalls, runoff, or decrease in light entering the water due to shadowing (new buildings);

• Effects of any new structures placed in the water;

• Effects, if any, on Sensitive Biological Resources, as defined in the Marina del Rey Land Use Plan;

• Construction effects from any development; and

• Wetland Delineation. Wetland shall be defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity, or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. (14 CCR Section 13577.)

3.

All new development shall fully mitigate significant adverse wind impacts on marina boating. Accordingly, a detailed wind study must be submitted with all applications for development for structures over 45 feet in height. The report must discuss the effects of the proposed construction and/or building placement on wind patterns within the Marina, loss of surface winds used by birds and sailboats and general air circulation. The wind study must include the following components:

• Analysis of available historical wind speed and direction data to establish a wind speed/direction relationship for the site;

• Performance and analysis of wind tunnel testing for the project using a model of proposed building(s) and surrounding structures. Wind tunnel testing shall be done for winds blowing from all predominant wind directions as established in analysis of historical data;

• Cumulative wind analysis, including evaluation of wind impacts attributable to existing structures and potential future development projects, including detailed data on the cumulative impacts of existing, proposed and expected development on winds in marina basin closest to the proposed development;

• Summary of findings identifying the project's wind impacts, if any;

• Summary of mitigation measures available to mitigate the project's adverse impacts on wind, including alternative massing, height and site design.

4.

Avoidance and Mitigation of Geologic/Geotechnical Hazards. Applicants and their engineers are responsible for determining and following all current requirements and recommendations of Public Works, the California Department of Conservation, and the California Seismic Safety Commission. New development shall utilize earthquake-resistant construction and engineering practices. All new development over three stories in height shall be designed to withstand a seismic event with a ground acceleration of no less than 0.5g. Accordingly, all development applications shall include a detailed geotechnical report completed by a certified engineering geologist and a registered civil engineer experienced in the field of soil mechanics, and approved by Public Works. A copy of the report, and its approval, shall be submitted. The report must include, but not be limited to:

• A comprehensive geologic/soils analysis showing underlying geology, soil type, and structure;

• Delineation and evaluation of areas prone to fault rupture, secondary effects of seismic shaking, such as lateral spreading, settlement, liquefaction, etc., and excessive ground motion, due to seismic wave amplification;

• Delineation of low-lying areas which may be inundated by tsunamis, floods or unusually high tides, sea level rise, or damaged by excessive wave action;

• Recommendations for development in geologically stable areas, and restriction of development in unstable or unmitigated areas.

Note: Additional requirements may be imposed in areas determined to be under the jurisdiction of the State of California Seismic Safety Commission or the California Department of Conservation.

5.

Protection of Cultural Heritage Resources. Cultural resources located shall be identified and protected. All applications that include disturbance of native soils or vegetation, including but not limited to excavation, pile driving, and grading shall include:

a.

Report by a qualified archaeologist. The archaeology report shall comply with the guidelines of the State Office of Historical Preservation. Mitigation measures suggested in the report, and approved by the Department, shall be undertaken. For the purpose of this report, a "qualified archaeologist" is a person who has been certified by the Society of Professional Archaeologists and who has a minimum of three years experience investigating and interpreting sites in Southern California. A copy of the report, signed by said qualified archaeologist, shall be submitted with the application. In accordance with the findings set forth in the archaeology report submitted with the development application, cultural resources shall be collected and maintained at the Los Angeles County Natural History Museum or other site acceptable to the State Historic Preservation Officer. The Department shall be notified if any resource is discovered during any phase of development.

b.

Notification of the Office of State Historic Preservation and the Native American Heritage Commission of the location of any proposed disturbance of native soils or vegetation. The notification shall include the proposed extent of the grading and dates on which the work is expected to take place.

c.

Acknowledgement of receipt of Section 7050.5 of the California Health and Safety Code, and Sections 5097.94, 5097.98, and 5097.99 of the California Public Resources Code. The applicant shall place a note on the project plans summarizing the procedures that apply in the event of discovery of Native American remains or grave goods.

The County shall approve archaeological recovery programs as permit amendments. The standard of review is the archaeological recovery program's consistency with this Specific Plan and with other provisions of State law.

6.

Avoidance and Mitigation of Flood Control Hazards and Control of Surface Runoff. Flood hazard and runoff management standards shall apply to all new development. To protect marine resources within the existing Marina, to manage runoff associated with proposed development, all development proposals shall assure that:

• The flood hazard due to new development is mitigated;

• Upstream and downstream property owners are not adversely affected;

• The drainage proposal complies with all County, State and federal statutes and ordinances;

• The drainage of roofs and parking lots conform to the best management practices contained in the County's nonpoint source NPDES permit, and the Santa Monica Bay Plan's requirements regarding new or marina development;

• Containment, safe storage and management of all paints, solvents and other toxic and potentially polluting substances used during construction, repair or maintenance of buildings or of boats and floats;

• Accessible pump out facilities, waste disposal, and rest rooms for all parks and anchorages.

Public Works shall be consulted for full flood-control requirements.

7.

Protection of the Gas Company Facilities. Land use decisions and permitted new development shall not interfere with the Gas Company's ability to continue operation of its storage facilities. Prior to any new development over a used or abandoned gas well the developer must submit proof of certification from the California Department of Conservation, Division of Oil and Gas showing that wells were abandoned according to current standards.

8.

Applicants for any proposed office and commercial development shall consult with the County Department of Beaches and Harbors to determine if multiuse parking facilities are appropriate. The applicant shall provide the department with the number of proposed spaces, the number available during weekends and holidays, and methods for control of the parking that would enhance public access to bulkheads, walkways and commercial attractions. The results of the consultation shall be submitted with the application.

9.

Direct Traffic Mitigation Payments. All developments shall pay fair-share fees to mitigate their impacts at intersections within the Marina and for other internal and regional circulation improvements. No development may commence without payment of a fair and proportionate share of the costs of the Revised Set of Intersection Improvement Projects, as set forth in Section 22.46.1100.C of this Specific Plan, and improvements to the Regional Transportation System, as shown on Map 16 of the Marina del Rey Land Use Plan. The applicant shall also demonstrate that funding of the necessary traffic improvements has been guaranteed.

10.

Mitigation of Cumulative Impacts on the Subregional Traffic System—Traffic Analysis and Mitigation Requirements. An applicant for development shall provide the following information regarding the project's anticipated traffic impacts on major highways leading into and around the Marina del Rey Specific Plan area:

a.

Exemptions Based on Initial Trip Evaluation. The applicant shall submit an accurate and detailed project description with an initial estimate of the number of the daily trips that will be generated by the project to Public Works. Subject to the approval of Public Works, the applicant may, in lieu of preparing a traffic report, pay its fair-share contribution of trip fees for the Revised Set of Intersection Improvement Projects within the Marina and for improvements to the Regional Transportation System.

b.

Traffic Impact Analysis Report. A detailed traffic impact analysis report, based on Public Works' Traffic Impact Analysis Report Guidelines, shall be submitted to Public Works at the time of the application for the coastal development permit which addresses the project's traffic impacts on various highway intersections that could experience significant impact as described in Subsection A.10.e of this Section. The study shall document: (1) the number of daily, a.m., and p.m. peak-hour trips which would be generated by the project, (2) the distribution of the trips upon the road system, (3) how specific transportation improvements would mitigate the impact of the project, and (4) such additional information as Public Works may require to properly evaluate the project's proportionate traffic impacts on the study intersections. The study shall compare levels of service for existing, ambient growth and with and without construction of the project, and cumulative traffic impacts with other known developments.

c.

Highway Intersections Required to be Studied. The study area shall include arterial highways, freeways, and intersections generally within a one-mile radius of the project site. These shall include, at a minimum, the Washington Boulevard/Lincoln Boulevard intersection, and the Route 90/Lincoln Boulevard intersections.

d.

Consultation. The applicant shall consult with Public Works on the preparation of the traffic study. Public Works will coordinate with the City of Los Angeles Department of Transportation (LADOT), and the California Department of Transportation (Caltrans), for their input and requirements. Public Works shall determine the types of mitigation measures and traffic improvements most appropriate to the project.

e.

Threshold. A determination of a significant impact shall be based on Public Works' Traffic Impact Analysis Guidelines, which are as follows: At LOS C, a development project causing a volume to capacity (V/C) increase of 0.04 or more shall be considered a significant impact. At LOS D, a V/C increase of 0.02 or more shall be considered a significant impact, and at LOS E/F, a V/C increase of 0.01 or more shall be considered a significant impact.

f.

Recommendations on Mitigation Requirements. All lessees within the Marina which propose new development pursuant to the LCP shall pay their fair-share of developer fees based on the number of trips the development generates to fund the Revised Set of Intersection Improvement Projects, and the transportation improvements to the Regional Transportation System. These mitigation measures are needed to address traffic demands by future development inside and outside the Marina. The Revised Set of Intersection Improvement Projects within the Marina and future improvements to the Regional Transportation System shall be developed in accordance with a schedule determined by the Director of Public Works in coordination with other jurisdictions or agencies, as needed. The Los Angeles County Metropolitan Transportation Authority (Metro), as part of its new Congestion Management Plan (CMP), is expected to develop County-wide developer trip fees by 2012. As it relates to the Marina, these trip fees will be used for improvements to help mitigate the impact of development on the Regional Transportation System. It is expected that the Metro-determined CMP trip fees will replace the Marina regional transportation trip fees. The trip fees for the Revised Set of Intersection Improvement Projects will remain separate fees. The types of mitigation measures available to satisfy these requirements are listed in Subsection A.10.g of this Section.

g.

Traffic mitigation measures:

• The Revised Set of Intersection Improvement Projects;

• Improvements to the Regional Transportation System;

• Reduction of traffic trips as may be accomplished through participation in transportation system management (TSM) and transportation demand management (TDM) programs;

• Reduction of traffic trips as may be accomplished through reduction in project size;

• Payment of an in lieu fee or "fair share" amount of a mitigation project where a fair share amount of the mitigation requirement has been determined, the project has been scheduled for construction, and the cost and benefits of the project have been determined;

• Other mitigation measure(s) mutually acceptable to Public Works, LADOT, and Caltrans.

h.

Timely Submittal of Required Studies and Evaluations. The studies, analyses, and evaluations required by this Subsection 10 shall be completed before filing a coastal development permit application with the Department. If the applicant requests that the traffic study be evaluated during the environmental review process, the applicant's coastal development permit shall not be filed or accepted until such time as the traffic study has been completed to the satisfaction of Public Works.

11.

Site Plans. All applications for development in the existing Marina shall include accurate, scaled site plans, and elevations, showing gross square footage of existing and proposed development, parking, and parking requirements, as well as access and view corridors required by this certified LCP.

a.

The Design Control Board shall receive site plans for its review pursuant to the provisions of Section 22.46.1110.

b.

Any applicant who is requesting a height incentive under the provisions of Subsection E.5 of Section 22.46.1060, or whose proposed development includes demolition of existing structures or whose development is located on an existing parking lot or other open area shall provide clear and accurate site plans and elevations that identify the view corridor, show accurately all adjacent development, and show the width and location of the view corridor and the length of the bulkhead frontage of the parcel.

12.

Documentation shall be submitted which shows that the proposed new development will not detract from or interfere with the use of existing or planned boating facilities or support facilities. Information shall include, but not be limited to:

• Number of boat slips lost or gained due to development (if any);

• The impact of the development in terms of competition for boating facility space, parking, etc.;

• Number of dry boat storage slots displaced or provided;

• Design and methods to preserve the availability of boating services such as loading and parking areas serving the slips, preservation of convenient distance from loading areas to gangway, slip rest room access, routes to docks, and boat security;

• Effects on boat rentals, fishing docks, beach or other lower-cost water-dependent facilities;

• Provision of adequate land area and/or parking spaces to provide parking for future slips allocated to the leasehold in this Specific Plan.

13.

Documentation shall be submitted which shows that sufficient water system, sewer system, and waste treatment capacity exists or will exist prior to occupancy of any new development.

14.

Fire Safety Plan.

a.

Applicants for new structures shall submit documentation in the form of a fire safety plan which verifies that the proposed project satisfies Fire Department safety standards including, but not limited to, fire flow, sprinklers, emergency access and evacuation plans;

b.

Applicants for new multistory buildings shall include in the fire safety plan how they are complying with the requirements of Subsection F of Section 22.46.1060 and, for multistory buildings on mole roads, applicants shall designate in their plan a safe refuge area for their occupants on an adjacent boat dock area;

c.

Applicants who choose to provide 10-foot by 10-foot square viewing nodes in place of an eight-foot-wide landscaped strip adjacent to the water way, shall provide evidence that they have provided nodes no less than 150 feet apart and that these nodes will not obstruct fire access.

15.

Evidence of the protection of existing recreational uses, and of the incorporation of lower cost overnight uses into any hotel project.

a.

Applicants for office, general commercial, or residential use shall provide evidence that existing boat storage, public access, public parking and boating support uses, including boat owner parking and parking required for any Marina expansion allowed in this LCP, in residentially and commercially designated areas have been preserved consistent with all provisions of the certified LCP. As part of any application to relocate these uses consistent with the certified LCP, the applicant shall provide a plan to relocate any such uses on the same parcel or to another parcel within the Marina, such that the intended use can continue to be carried out, the size and capacity of the accommodation remains the same, and necessary access to the water and boat slips is provided. The uses shall be replaced before commencement of the development project.

b.

Applicants for a hotel use shall designate no less than 25 percent of the land area of the site proposed for new hotel development for a lower cost overnight facility and provide plans and agree to construct the facility as part of the project. Such area may be reduced if a facility containing one-tenth of the number of beds as the hotel contains rooms can feasibly be provided is proposed on site. Such a facility may include a youth hostel, lower cost conference facility with overnight accommodations, or campground.

i.

Applicants for hotel or other overnight accommodations shall indicate on their site plan the land to be reserved for a lower cost overnight accommodation.

ii.

In lieu fee option—supporting material required. If the applicant believes that development of a lower cost facility on site is not feasible, and petitions in writing to pay a fee in lieu of providing an on-site provision for lower cost accommodation, the applicant shall provide evidence of the infeasibility of on-site provision of a lower cost facility and information regarding the applicant's calculation of the fair and reasonable share or the cost of acquisition and construction of a lower cost overnight facility.

iii.

Because of the fluctuating land market and cost of materials, the applicant's demonstration shall include evidence concerning the current cost of off-site provision of lower cost accommodations, and the manner in which the provisions of these off-site accommodations comply with the obligation to provide lower cost accommodations on-site in terms of affording access to the Marina and nearby beaches. The calculation shall include the prorated cost of necessary support, including parking, lobbies, sanitary facilities and food service areas.

iv.

The applicant shall contribute the one-tenth of the cost of one bed and appurtenant improvements in a lower cost accommodation for each market rate room provided. The amount of the fee shall be adjusted annually to reflect the consumer price index and current construction costs.

v.

Exemption. If the applicant demonstrates that a proposed hotel project of the same or lesser size on the same parcel paid said fee, or its equivalent, within 20 years of the date of application, the applicant shall be exempt from this obligation.

16.

Materials relating to review by the Design Control Board. The applicant must provide documentation that a complete application for the proposed development, consisting of schematic plans, drawings, fees, etc., as required by the Specifications and Minimum Standards of Architectural Treatment and Construction, has been submitted to the Department of Beaches and Harbors for expeditious delivery to, and conceptual review by, the Design Control Board.

B.

Any applicant who demonstrates that the impacts of his or her project on winds, archaeological resources, marine resources, public works, or geologic safety is not significant may not be required to submit the material required in Subsections A.2, A.3, A.4, or A.5 of this Section, as part of the application. The applicant must demonstrate how the proposed development is insignificant with regard to Subsections A.2, A.3, A.4, or A.5 of this Section and/or how the nature of the development is unrelated to the requirement imposed, or how the requirement has been previously addressed in a system-wide or area-wide development plan review such as a subdivision. As part of such request, the applicant shall agree to provide supplemental information in a timely manner if additional information is necessary to review the impacts of the proposed development on coastal access and/or resources.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 14, 2012; Ord. 2009-0004 § 4, 2009; Ord. 95-0058 § 2, 1995; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

A.

The following conditions shall be imposed, where applicable, for development in Marina del Rey.

1.

In accordance with the geologic information submitted with the application for development, development shall occur in geologically safe areas. Any structure affecting personal safety (e.g., gas lines) shall not transect geologically unstable areas.

2.

In accordance with the archaeology report submitted with the application for development, resources found in the area planned for development shall be collected and maintained at the nature center planned at the wetland preserve (Area D), or at the Los Angeles County Natural History Museum or as otherwise required by State law.

a.

The applicant shall notify the Office of State Historic Preservation and the Native American Heritage Commission of the location of the grading proposed, the proposed extent of the grading and the dates on which the work is expected to take place.

b.

The applicant shall notify the State Historic Preservation Office, and the Department if any resource is discovered during any phase of development, and the applicant shall submit a recovery program as an amendment to the permit.

c.

In the event of discovery of Native American remains or of grave goods, Section 7050.5 of the California Health and Safety Code, and Sections 5097.94, 5097.98, and 5097.99 of the California Public Resources Code apply.

3.

To fully mitigate traffic impacts, new developments may be required to establish a functional Transportation Demand Management (TDM) program, or to participate in an existing TDM program. Consolidation of numerous TDM programs is highly desirable. Viable TDM possibilities include, but shall not be limited to:

• Carpools;

• Ridesharing;

• Vanpools;

• Modified work schedules/flex time;

• Increase use of bicycles for transportation;

• Bicycle racks, lockers at places of employment;

• Preferential parking for TDM participants;

• Incentives for TDM participants; and

• Disincentives.

• Shared use programs shall be implemented for bicycles and vehicles (e.g., on site provision of bicycles and zipcars for tenant and employee use).

• Commercial property owners shall be encouraged to participate in the South Coast Air Quality Management District's Commute Reduction Program.

If required, an annual report on the effectiveness of the TDM program shall be submitted to the Department.

4.

Mitigation of All Direct Traffic Impacts. All lessees within the Marina which propose new development pursuant to the LCP shall pay their fair-share of developer fees based on the number of trips the development generates to fund the Revised Set of Intersection Improvement Projects, as set forth in Section 22.46.1100.C of this Specific Plan, and the transportation improvements to the Regional Transportation System, as shown on Map 16 of the Marina del Rey Land Use Plan. These mitigation measures are needed to address traffic demands by future development inside and outside the Marina. The Revised Set of Intersection Improvement Projects and future improvements to the Regional Transportation System shall be developed in accordance with a schedule determined by the Director of Public Works in coordination with other jurisdictions or agencies, as needed. Metro, as part of its new CMP, is expected to develop County-wide developer trip fees by 2012. As it relates to the Marina, these trip fees will be used for improvements to help mitigate the impact of development on the Regional Transportation System. It is expected that the Metro-determined CMP trip fees will replace Marina regional transportation trip fees. The trip fees for the Revised Set of Intersection Improvement Projects will remain separate fees. Public Works will establish and administer developer fees.

The fees shall be calculated for every development project based on the number of additional p.m. peak-hour trips generated by the project. Additional trips are defined as the p.m. peak-hour trips attributable to buildout of the new development allocated in the Specific Plan. All applicants shall pay the determined fees prior to obtaining any building permit for their development to mitigate all of the development's direct traffic impacts in the Marina and to pay for their fair-share improvements to the Regional Transportation System. That is, no development shall begin pursuant to a coastal development permit until all required developer fees have been paid.

5.

All proposed mitigation measures including, but not limited to, providing public access, establishing view or wind corridors, preserving of sunlight on the beaches, parks and boat slip areas, and participating in the funding of park improvements or of traffic mitigation measures shall be made conditions of approval. The applicant shall modify the design of the development to the extent necessary to comply with such conditions.

6.

All development shall participate in and contribute its fair share to funding of the mitigation measures described in the coastal improvement fund as specified in Section 22.46.1950 of this Specific Plan. The fees shall be calculated based on the improvement fund fee, and the number of additional residential units approved for the project.

7.

Lower cost visitor-serving facilities shall be protected and, to the extent feasible, new lower cost visitor-serving uses shall be encouraged and provided within the existing Marina.

a.

At a minimum, every new hotel development shall reserve and develop no less than 25 percent of the site as a lower cost overnight accommodation. A lower cost overnight accommodation includes a dormitory type accommodation such as a lower cost conference facility, or youth hostel, a campground, or other use that by its design and nature can be operated at low or moderate cost and that is accessible for individuals of less than the median income.

b.

If the applicant demonstrates that development of a lower cost accommodation on-site is not feasible, the applicant may instead contribute the cost of acquisition and construction of a lower cost overnight facility, including the prorated share of necessary support facilities including lounges, sanitary facilities and dining halls. The applicant shall contribute the one-tenth of the cost of one bed and the prorated share of appurtenant improvements of a lower cost accommodation for each market-rate room provided on the hotel site. The amount of the fee shall be adjusted annually to reflect the consumer price index and current construction costs.

i.

Because of the fluctuating market and cost of materials, the applicant's demonstration shall include evidence of the infeasibility of on-site provision of a lower cost facility, the current cost of off-site provision of lower cost accommodations alternatives, the manner in which the provision of these off-site accommodations complies with the obligation to provide lower cost accommodations on-site in terms of affording access to the marina and nearby beaches.

ii.

The amount of the fee shall be adjusted annually to reflect the consumer price index and current construction costs. If the applicant demonstrates that a hotel project proposed on the parcel paid said fee, or its equivalent, within 20 years of the date of application, the applicant shall be exempt from this obligation.

iii.

Said fee shall be placed in separate restricted interest-bearing trust account by the County that is identified only for use in developing lower cost overnight accommodations open to the public in Marina del Rey. Possible sites include parcels OT and 94. All monies shall be expended within five years of collection to build, subsidize or otherwise facilitate construction of a lower cost overnight facility such as youth hostels, low-cost motel, campground, or affordable conference center with overnight accommodations in the marina, or within two miles of its boundaries. If at the end of five years the fees have not been expended, an LCP amendment shall be processed to determine options of using the funds for lower cost overnight accommodations.

8.

New roads and infrastructure shall be designed and constructed in an environmentally sensitive manner, and shall follow the design and recreation policies of the certified LCP.

9.

The requirements for storm drain design and construction stated in this Specific Plan shall be followed.

10.

Developers shall pay their fair share for any additional mitigation measure necessary for the complete mitigation of significant adverse traffic impacts or of other significant adverse impacts caused by the development, including cumulative impacts. Said mitigation may include funding for subregional traffic improvements to be carried out in concert with other agencies.

11.

Based upon information provided in the fire safety plan, the Fire Department may review all applications for multi-story buildings and, at its discretion, may recommend an alternative height for the proposed multi-story buildings based upon their review and supported by factual findings. Such recommendations shall be considered in determining conditions of approval for the project.

12.

The applicant will be required to preserve coastal-dependent boating or boating support uses on site. If the essential functions of the Marina will not be harmed by temporarily closing the use, the project may, instead of preserving the facility, replace the facility with a similar facility of the same size and capacity within the Marina. If approved, such replacement shall occur before development of the use which displaces it may commence. Boating support uses include, but are not limited to: boat launch ramps, boat hoists, mast-up boat storage, gasoline docks and pump-out stations, small boat rentals, boating schools, personal watercraft launch areas and, in anchorages, passenger and equipment loading zones, dinghy docks, and navigational information centers.

13.

Residential and mixed use projects shall not reduce the amount of land area devoted to coastal-dependent boating uses in the development zone. Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking and access, shall be located within the development zone at a location that affords equal operational efficiency for the use. Construction of the replacement use shall be phased so that said use is replaced before development of the use which displaces it.

14.

All development shall contribute its fair and proportionate share of necessary mitigation of the development's impacts on the subregional transportation program as determined in Subsection A.9 of Section 22.46.1180.

a.

Thresholds. A determination of a significant impact shall be based on Public Works' Traffic Impact Analysis Report Guidelines, which are as follows: At LOS C, a development project causing a V/C increase of 0.04 or more shall be considered in a significant impact. At LOS D, a V/C increase of 0.02 or more shall be considered a significant impact, and at LOS E/F, a V/C increase of 0.01 or more shall be considered a significant impact.

b.

Recommendations on Mitigation Requirements. If Public Works determines that mitigation is required, the Department shall determine the type of mitigation measures most appropriate to the specific project. For mitigation measures outside the Marina, Public Works will coordinate with the other involved jurisdictions and/or agencies. The Department shall specifically determine how much an appropriate or projected mitigation measure would reduce the impacts of the project's peak-hour trips on the subregional transportation system, and shall submit a recommendation on a preferred mitigation measure or mitigation requirement. If a "fair share amount contribution" is determined to be appropriate, the Department shall determine the applicant's proportionate fair share of the project to which the mitigation will apply, and the construction schedule of the suggested improvement, and shall submit a recommendation on a preferred mitigation requirement. The types of mitigation measures available to satisfy this requirement are listed in Subsection A.14.c of this Section.

c.

Available traffic mitigation measures:

• Revised Set of Intersection Improvement Projects;

• Transportation improvements to the Regional Transportation System;

• Reduction of traffic trips as may be accomplished through participation in Transportation Demand Management (TDM) programs;

• Reduction of traffic trips as may be accomplished through reduction in project size;

• Payment of an in lieu fee or "fair share" amount of a mitigation project where a fair share amount of the mitigation requirement has been determined, the project has been scheduled for construction and the cost and benefits of the project have been determined; and

• Other mitigation measure(s) mutually acceptable to Public Works, LADOT, and Caltrans.

d.

Timely Submittal of Required Traffic Impact Analysis Studies and Evaluations. The studies, analysis, and evaluations required by this subsection 14 shall be required to be completed before filing a coastal development permit application with the Department. If the applicant requests that the traffic study be evaluated during the environmental review process, the applicant's coastal development permit shall not be filed or accepted until such time as the traffic study has been completed to the satisfaction of Public Works.

e.

Mitigation. Fees must be paid for all development to fully mitigate all significant peak-hour adverse traffic impacts.

15.

The Design Control Board will have final review of the architectural design (i.e., building and facade design, materials, colors), landscaping, and signs based on the site plan approved by the Commission or Hearing Officer.

16.

Bird-Safe Building Standards. All new buildings, and major renovations of existing buildings, shall be required to provide bird-safe building treatments for the facade, landscaping, and lighting consistent with the guidelines provided below:

Glazing treatments:

• Fritting, permanent stencils, frosted, non-reflective or angled glass, exterior screens, decorative latticework or grills, physical grids placed on the exterior of glazing, or UV patterns visible to birds shall be used to reduce the amount of untreated glass or glazing to less than 35 percent of the building facade.

• Where applicable vertical elements within the treatment pattern should be at least one-quarter inch (1/4") wide at a maximum of spacing of four inches (4") and horizontal elements should be at least one-eighth inch (1/8") wide at a maximum spacing of two inches (2").

• No glazing shall have a "Reflectivity Out" co-efficient exceeding 30 percent. That is, the fraction of radiant energy that is reflected from glass or glazed surfaces shall not exceed 30 percent.

• Equivalent treatments recommended by a qualified biologist may be used if approved by the County or the Coastal Commission.

Lighting Design:

• Nighttime lighting shall be minimized to levels necessary to provide pedestrian security.

• Buildings shall be designed to minimize light spillage and maximize light shielding to the maximum feasible extent.

• Building lighting shall be shielded and directed downward. Up-lighting is prohibited. Use of "event" searchlights or spotlights shall be prohibited.

• Landscape lighting shall be limited to low-intensity and low-wattage lights.

• Red lights shall be limited to only that necessary for security and safety warning purposes.

Landscaping:

• Trees and other vegetation shall be sited so that the plants are not reflected on building surfaces.

• In order to obscure reflections, trees and other vegetation planted adjacent to a reflective wall or window shall be planted close to (no further than three feet from) the reflective surface.

• For exterior courtyards and recessed areas, building edges shall be clearly defined by using opaque materials or non-reflective glass.

• Walkways constructed of clear glass shall be avoided.

Building Interiors:

• Light pollution from interior lighting shall be minimized through the utilization of automated on/off systems and motion detectors.

Lights Out for Birds:

• The County shall encourage building owners and operators to participate in "Lights Out for Birds" programs or similar initiatives by turning off lighting at night, particularly during bird migration periods.

B.

The conditions imposed pursuant to this Section 22.46.1190 shall run with the land and shall be binding on all lessees and sublessees of the parcel.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 15, 2012; Ord. 2009-0004 § 5, 2009; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

A.

The following use restrictions and development standards shall apply to land use categories in this Specific Plan area. All land use categories are subject to the design guidelines and phasing requirements provided for in Sections 22.46.1060 and 22.46.1090 of this Specific Plan. Land use categories extend beyond the parcel boundary line to the centerline of the street(s) bordering the parcel. Development on a parcel must also conform to the Site-Specific Development Guidelines of this Specific Plan. As used in these Land Use Restrictions and in the site-specific guidelines, the word "shall" means a requirement is mandatory whereas the word "may" means the standards are encouraged but not imperative. Where site-specific guidelines found in Section 22.46.1790 or the conditions of development found in Section 22.46.1190 differ from the regulations of these Land Use Restrictions and Development Standards, such site-specific standards and conditions of development shall supersede the land use category regulations listed below. If there is a conflict among these development standards, the more restrictive document shall control.

B.

Legal descriptions for parcels according to land use category may be found in Appendix A. Modifications of development standards for land use categories in Marina del Rey shall comply with the variance procedures found in Part 2, Chapter 22.56 of Title 22 and any findings required by the project's coastal development permit.

(Ord. 2019-0004 § 1, 2019; Ord. 2009-0004 § 6, 2009; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Each of the following land use categories contain restrictions and standards which shall apply on all parcels designated for that category. There are two types of land use categories: (1) primary land use category and (2) overlay land use category. All parcels have designated a primary land use category; selected parcels are assigned an overlay land use category as well. The standards and requirements for an overlay category shall be considered in conjunction with the requirements of the primary land use category. Land use categories are organized in the following fashion:

A.

Intent. This is a statement of purpose of the category with regard to the development and resource protection policies that are to be carried out in the particular category.

B.

Principal Permitted Uses. This is a listing of the uses which clearly implement the designated land uses and policies of the category. These uses require approval of a coastal development permit unless they are specifically exempted or categorically excluded. Each principal permitted uses section is divided into primary uses, which may stand alone, and uses allowed only in conjunction with a primary or conditionally permitted use. The principal permitted use is generally not appealable to the Coastal Commission unless it is located in one of the areas listed in Section 22.56.2450 where the Coastal Commission retains appeal jurisdiction. Secondary uses are uses which do not require a conditional use permit, but which are appealable to the Coastal Commission. Coastal development permits for uses which are appealable to the Coastal Commission shall have a public hearing in accordance with Section 22.56.2380.

C.

Uses Subject to Additional Permits. This is a listing of uses which may implement the intent of the category but only under certain circumstances or conditions. These uses may require the approval of conditional use, temporary use or other permits in addition to a coastal development permit or other development approval. The uses in this Section are appealable to the Coastal Commission. Coastal development permits for uses which are appealable to the Coastal Commission shall have a public hearing in accordance with Section 22.56.2380.

D.

Development Standards. This is a listing of regulations that apply to development within a particular land use category. These regulations relate to height limits, setbacks, lot coverages and densities. The development standards, including height, identified for each land use category are the maximums permitted in the land use category; standards are further restricted, where stated, on a parcel-specific basis according to Sections 22.46.1790 through 22.46.1940. Compliance with these standards will be substantiated through the issuance of coastal development permits. Where a range of height standards are given, the height over the minimum may be approved only if allowed on the site and under the conditions set forth in Subsection E of Section 22.46.1060, and only if allowed on the site by Sections 22.46.1790 through 22.46.1940.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Residential III is intended as a medium-density residential category permitting up to 35 dwelling units per net acre.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Residential III category may be used for:

A.

The following principal permitted use:

• Multiple-family structures no more than 35 units per net acre.

B.

The following permitted uses:

• Apartment houses;

• Bicycle and pedestrian path rights-of-way;

• Public parks and picnic areas;

• Townhouses.

C.

The following uses only when in conjunction with a primary use listed in Subsection A, a permitted use listed in Subsection B above, or with a use listed in Section 22.46.1240 below:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Animals, domestic and wild, maintained or kept as pets for personal use as provided in Part 3 of Chapter 22.52;

• Building materials, storage of, used in the construction of a building or building project, during the construction and 30 days thereafter, including the contractor's temporary office, provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site;

• Grading projects, off-site transport, where not more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.1752 and 22.56.1753;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Residential III category may be used for:

A.

The following uses provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in Residential III, provided no other practical access to such property is available, and such access will not alter the character of the premises in respect to permitted uses in the Residential III category;

• Visitor- and neighborhood-serving commercial development not exceeding 1,000 square feet, cumulative, for the site, provided:

1.

That parking shall be provided for all uses in excess of 500 square feet,

2.

That such uses shall be open to the public and accessible from public roads, view corridors and/or walkways,

3.

That signage and hours of operation enhance compatibility with the residential development;

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Oil or gas wells and observation facilities;

• Parking for boating-related uses;

• Parking lots, but excluding commercial parking lots where greater than 50 percent of the leasehold's income is from parking fees;

• Parks, playgrounds and beaches, with all appurtenant facilities customarily found in conjunction therewith;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan;

• Visitor-serving commercial uses listed in Sections 22.46.1390 and 22.46.1400 when allowed by the site-specific development guidelines of this Specific Plan.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Congregate care facilities;

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 16, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Residential III category:

• Building height is limited to a maximum of 75 feet;

• Dwelling unit density shall not exceed 35 units per net acre;

• Front and rear yard setbacks shall be a minimum of 10 feet, in addition to the required highway and promenade setback;

• Side yard setbacks shall be a minimum of five feet;

• View corridors, public open space areas and/or accessways required in this Specific Plan may be designed and integrated with the required front, side and rear yard setbacks or located elsewhere on the property if such design will enhance visual and physical access to the shoreline;

• The County shall encourage alternative forms of transportation in new or remodeled residential projects by considering the use of Zip Cars, and other similar non-personal automobile strategies when evaluating requests for parking permits.

• Residential and mixed use shall not reduce the amount of land area devoted to existing visitor-serving, boating, or marine commercial uses:

A.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

B.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

C.

Visitor-serving uses shown on LUP Map 5, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment; and

D.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on LUP Map 5 may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 17, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Residential IV is intended as a medium-high density residential category permitting up to 45 dwelling units per net acre.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the residential IV category may be used for:

A.

The following principal permitted use:

• Multiple-family structures no more than 45 dwelling units per net acre.

B.

The following permitted uses:

• Apartment houses;

• Bicycle and pedestrian path rights-of-way;

• Public parks and picnic areas;

• Townhouses.

C.

The following uses only when in conjunction with a primary use listed in Subsection A, a permitted use listed in Subsection B above, or with a use listed in Section 22.46.1280 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Animals, domestic and wild, maintained or kept as pets or for personal use as provided in Part 3 of Chapter 22.52;

• Building materials, storage of;

• Grading projects, off-site transport;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Residential IV category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Residential IV category;

• Congregate care facilities;

• Visitor- and neighborhood-serving commercial development not exceeding 1,000 square feet, cumulative, for the site, provided:

1.

That parking shall be provided for all uses in excess of 500 square feet;

2.

That such uses shall be open to the public and accessible from public roads, view corridors, and/or walkways;

3.

That signage and hours of operation enhance compatibility with the residential development:

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Oil or gas wells and observation facilities;

• Parks, playgrounds and beaches, with all appurtenant facilities customarily found in conjunction therewith;

• Parking for boating-related uses;

• Parking lots, but excluding commercial parking lots;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan;

• Visitor-serving commercial uses listed in Sections 22.46.1390 and 22.46.1400 when allowed by the Site-Specific Development Guidelines of this Specific Plan;

• Youth hostels.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 18, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Residential IV category:

• Building height is limited to a maximum of 140 feet;

• Dwelling unit density shall not exceed 45 units per net acre;

• Front and rear yard setbacks shall be a minimum of 10 feet, in addition to the required highway and promenade setbacks;

• Side yard setbacks shall be a minimum of five feet;

• View corridors, public open space areas, and/or accessways and emergency access corridors required in this Specific Plan may be designed and integrated with the required front, side, and rear-yard setbacks or located elsewhere on the property if such design will enhance visual and physical access to the shoreline;

• The County shall encourage alternative forms of transportation in new or remodeled residential projects by considering the use of Zip Cars and other similar non-personal automobile strategies when evaluating requests for parking permits.

• Residential and mixed use shall not reduce the amount of land area devoted to existing visitor-serving, boating, or marine commercial uses:

A.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

B.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking, and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

C.

Visitor-serving uses shown on LUP Map 5, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment; and

D.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on LUP Map 5 may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 19, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Residential V is intended as a high-density residential category permitting up to 75 dwelling units per net acre.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Residential V category may be used for:

A.

The following principal permitted use:

• Multiple-family dwellings no more than 75 dwelling units per net acre.

B.

The following permitted uses:

• Apartment houses;

• Bicycle and pedestrian path rights-of-way;

• Public parks and picnic areas;

• Townhouses;

• Youth hostels.

C.

The following uses only when in conjunction with a primary use listed in Subsection A above, a permitted use listed in Subsection B above, or with a use listed in Section 22.46.1320 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Animals, domestic and wild, maintained or kept as pets for personal use as provided in Part 3 of Chapter 22.52;

• Building materials, storage of;

• Grading projects, off-site transport;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Residential V category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Residential V category;

• Congregate care facilities;

• Visitor- and neighborhood-serving commercial development not exceeding 1,000 square feet, cumulative, for the site, provided:

1.

That parking shall be provided for all uses in excess of 500 square feet;

2.

That such uses shall be open to the public and accessible from public roads, view corridors and/or walkways;

3.

That signage and hours of operation enhance compatibility with the residential development.

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Oil or gas wells and observation facilities;

• Parking for boating-related uses;

• Parking lots, but excluding commercial parking lots;

• Parks, playgrounds and beaches, with all appurtenant facilities customarily found in conjunction therewith;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan;

• Visitor-serving commercial uses listed in Sections 22.46.1390 and 22.46.1400 when allowed by the Site-Specific Development Guidelines of this Specific Plan.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 20, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Residential V category:

• Building height is limited to a maximum of 225 feet;

• Dwelling unit density shall not exceed 75 units per net acre;

• Front and rear yard setbacks shall be a minimum of 10 feet, in addition to the required highway and promenade setback;

• Side yard setbacks shall be a minimum of five feet;

• View corridors, public open space areas and/or accessways required in this Specific Plan may be designed and integrated with the required front, side and rear yard setbacks or located elsewhere on the property if such design will enhance visual and physical access to the shoreline;

• The County shall encourage alternative forms of transportation in new or remodeled residential projects by considering the use of Zip Cars and other similar non-personal automobile strategies when evaluating requests for parking permits.

• Residential and mixed use shall not reduce the amount of land area devoted to existing visitor-serving, boating, or marine commercial uses:

A.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

B.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking, and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

C.

Visitor-serving uses shown on LUP Map 5, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment; and

D.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on LUP Map 5 may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 21, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Senior Accommodations is intended to provide housing for persons age 62 or older who may or may not be retired, subject to the development standards set forth in Section 22.46.1338. Units within a senior accommodations facility shall not be considered a residential use for purposes of allocating dwelling units when calculating density, or for assessing affordable housing requirements or assessing transient occupancy taxes or fees.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 22, 2012)

Property in the Senior Accommodations category may be used for:

A.

The following principal use:

• Senior accommodations facilities.

B.

The following permitted uses:

• Reserved.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 23, 2012)

Property in the Senior Accommodations category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Congregate care facilities for seniors.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 24, 2012)

These standards apply for all uses in the Senior Accommodations category:

• Each senior unit shall contain no more than two bedrooms and shall not provide a kitchen;

• Communal dining facilities shall be available on site;

• Services and/or facilities provided for residents on site may include, but not be limited to, concierge, dry cleaner, laundry, hair and beauty salon, spa (excluding massage), recreation room, lounge, shuttle/limousine, travel, maid, linen, and other similar personal services;

• Senior units in this category shall not be considered a residential use for purposes of allocating dwelling units, assessing affordable housing requirements, or assessing transient occupancy taxes or fees; and

• Building height is limited to 75 feet from finished floor, not including rooftop appurtenances.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 25, 2012)

Hotel is intended as an overnight accommodations/attendant services category.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Hotel category may be used for:

A.

The following principal permitted use:

• Hotel.

B.

The following permitted uses:

• Bicycle and pedestrian path rights-of-way;

• Certified farmers' market (temporary), as defined in the Marina del Rey Land Use Plan;

• Hotels;

• Public parks and picnic areas;

• Motels;

• Youth hostels.

C.

The following uses only when in conjunction with a primary use listed in Subsection A above, a permitted use in Subsection B above, or with a use listed in Section 22.46.1360 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Bars and cocktail lounges, excluding cabarets;

• Building materials, storage of;

• Commercial service concessions offering newspapers, notions, grocery, bookstores, gift shops, florist shops, clothing stores or similar facilities in hotels or motels, where allowed by the Site-Specific Development Guidelines of this Specific Plan, provided:

1.

That such facilities are designed and operated for the convenience of the hotel and conference guests and visitors to the Marina and are no more extensive than is necessary to service such development, but in no event totaling more than 1,000 square feet cumulatively;

2.

That such uses shall be open to the public and accessible from public roads, plazas, view corridors, and/or walkways;

3.

That public entrances to such facilities are visible from public promenades, view corridors, plazas, and streets;

4.

That any such facilities that include more than 16 restaurant or fast food seats are considered when calculating the hotel's relationship to the phasing policies in Section 22.46.1090 and/or its parking requirements;

5.

That all signs, advertising or identifying such facilities, visible from the street or promenade outside the building shall be approved by the Design Control Board;

6.

That any commercial ice cream, coffee or food service development more than 750 square feet be considered when calculating the hotel's parking and/or phasing requirements:

• Conference, banquet and meeting rooms;

• Grading projects, off-site transport;

• Recreation services intended to serve hotel guests, including, but not limited to, pools, saunas, exercise rooms, tennis courts, etc.;

• Restaurants and other eating establishments, where allowed by the site-specific development standards of this Specific Plan;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 26, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Hotel category may be used for:

A.

The following uses provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Hotel category;

• Cabarets, provided that, as a condition of use, such use shall not be located within a 1,000-foot radius of any other adult business, and subject to the provisions of Section 22.56.190;

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Nightclubs;

• Oil or gas wells and observation facilities;

• Parking for boating-related uses;

• Parking lots and parking buildings;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Restaurants not operating in conjunction with a separate hotel or motel on the same parcel;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan;

• Visitor-serving commercial uses listed in Sections 22.46.1390 and 22.46.1400 when allowed by the Site-Specific Development Guidelines of this Specific Plan.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Hotel category:

• Building height is limited to a maximum of 225 feet;

• Front, rear, and side-yard setbacks shall be a minimum of 10 feet, in addition to the required highway and promenade setback. View corridors, public open space areas, and/or accessways or emergency access corridors required in this Specific Plan may be designed and integrated with the required front, side, and rear- yard setbacks or located elsewhere on the property if such design will enhance visual and physical access to the shoreline;

• Hotels shall establish a shuttle program to and from Los Angeles International Airport for guests. Hotels shall also provide, on demand, transit passes for those employees requesting the use of public transportation;

• Hotels shall not reduce the amount of land area devoted to existing public parks, boating, or coastal-dependent marine commercial uses:

A.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

B.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking, and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

C.

Visitor-serving uses shown on LUP Map 5, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment; and

D.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on LUP Map 5 may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 27, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Visitor-Serving/Convenience Commercial is intended as a service-oriented category providing dining facilities, retail sales and personal services for visitors, residents and employees of Marina del Rey.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Visitor-Serving/Convenience Commercial category may be used for:

A.

The following principal permitted use:

• Visitor-serving and convenience retail stores as further defined in Subsection 1 below.

1.

Visitor-serving uses:

• Amusement rides and devices, including merry-go-rounds, ferris wheels, swings, toboggans, slides, rebound-tumbling and similar equipment operated at one particular location not longer than seven days in any six-month period,

• Aquariums,

• Arboretums and horticultural gardens,

• Arcades,

• Art galleries,

• Automobile rental and leasing agencies,

• Bait and tackle sales and rental,

• Bakeries,

• Bar and cocktail lounges, excluding cabarets,

• Bicycle and motor scooter rentals,

• Bicycle and pedestrian path rights-of-way,

• Boat charters,

• Boat rentals,

• Certified farmers' market (temporary), as defined in the Marina del Rey Land Use Plan,

• Comfort stations,

• Gift shops,

• Ice cream shops,

• Museums,

• Movable snack and souvenir carts,

• Parking lots and parking buildings,

• Parking for boating-related uses,

• Post office,

• Parks, playgrounds and beaches, with all appurtenant facilities customarily found in conjunction therewith,

• Restaurants and other eating establishments, including food takeout. Existing restaurant seats may be recycled according to Subsection C.5 of Section 22.46.1090. New restaurant seats may be constructed only where stated in the Site-Specific Development Guidelines;

• Skate sales and rentals,

• Stations, bus, railroad and taxi,

• Swimming pools,

• Tourist information centers,

• Youth hostels;

2.

Convenience commercial uses:

• Antique shops,

• Automobile service stations, including incidental repair, washing and rental of utility trailers subject to the provisions of Subsection B of Section 22.28.090,

• Bakery shops, including baking only when incidental to retail sales from the premises,

• Banks, savings and loans, credit unions and finance companies,

• Barbershops,

• Beauty shops,

• Bicycle shops,

• Bookstores,

• Ceramic shops, including manufacturing incidental to retail sales from the premises, provided the total volume of kiln space does not exceed eight cubic feet,

• Child care centers,

• Clothing stores,

• Community centers,

• Confectionery or candy stores, including making only when incidental to retail sales from the premises,

• Delicatessens,

• Dental clinics, including laboratories in conjunction therewith,

• Dress shops,

• Drugstores,

• Dry cleaning establishments, excluding wholesale dry cleaning plants, provided that the building is so constructed and the equipment is so conducted that all noise, vibration, dust, odor and all other objectionable factors will be confined or reduced to the extent that no annoyance or injury will result to persons or property in the vicinity,

• Florist shops,

• Health food stores,

• Hobby supply stores,

• Jewelry stores,

• Laundries, hand,

• Laundries, self-service,

• Leather goods stores,

• Liquor stores,

• Locksmith shops,

• Markets,

• Medical clinics, including laboratories in conjunction therewith,

• Music stores,

• Newsstands,

• Notion or novelty stores,

• Nurseries, including the growing of nursery stock,

• Pharmacies,

• Photographic equipment and supply stores,

• Photography studios,

• Public parks and picnic areas,

• Real estate offices,

• Retail stores,

• Shoe stores,

• Silver shops,

• Sporting goods stores,

• Stationery stores,

• Tailor shops,

• Tobacco shops,

• Toy stores,

• Yarn and yardage stores.

B.

The following uses only when in conjunction with a primary use listed in Subsection A above or with a use listed in Section 22.46.1400, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Building materials, storage of;

• Grading projects, off-site transport;

• Live entertainment, accessory, in a legally established bar, cocktail lounge or restaurant having an occupant load of less than 200 people, where in full compliance with the conditions of Section 22.56.1754;

• On-premises or directional signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan, and as approved by the Design Control Board.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 28, 2012; Ord. 95-0058 § 3, 1995; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Visitor-Serving/Convenience Commercial category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Visitor-Serving/Convenience Commercial category;

• Amusement rides and devices, including merry-go-rounds, ferris wheels, swings, toboggans, slides, rebound-tumbling and similar equipment for longer than seven days;

• Cabarets, provided that, as a condition of use, such use shall not be located within a 1,000-foot radius of any other adult business, and subject to the provisions of Section 22.56.190;

• Churches, temples or other places used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith;

• Colleges and universities, including appurtenant facilities, giving advanced academic instruction approved by the State Board of Education or recognized accrediting agency, but excluding trade or commercial schools;

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Health clubs or centers;

• Hospitals;

• Live entertainment, accessory, in a legally established bar, cocktail lounge or restaurant having an occupant load of less than 200 people where the conditions of Section 22.56.1754 have not or cannot be met. This provision shall not be construed to authorize the modification of development standards required for establishment of such bar, cocktail lounge or restaurant, except as otherwise provided by Part 2 of Chapter 22.56;

• Nightclubs;

• Oil or gas wells and observation facilities;

• Outdoor display, sales and storage;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Schools, through Grade 12, accredited, including appurtenant facilities, which offer instruction required to be taught in the public schools by the state of California, in which no pupil is physically restrained, but excluding trade schools;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan;

• Storage of personal and household items where allowed by the Site-Specific Development Guidelines of this Specific Plan;

• Theaters and other auditoriums.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Visitor-Serving/Convenience Commercial category:

• Building height is limited to a maximum of 45 feet;

• Front, rear and side yard setbacks shall be a minimum of 10 feet in addition to the required highway setback. View corridors, public open space areas and/or accessways or emergency accessways required in this Specific Plan may be designed and integrated with the required front, side and rear yard setbacks or located elsewhere on the property if such design will enhance visual and physical access to the shoreline;

• Visitor-Serving/Convenience Commercial uses shall not reduce the amount of land area devoted to existing visitor-serving, boating, or coastal-dependent marine commercial uses, and visitor-serving uses may be integrated vertically with recreational boating uses where possible:

A.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

B.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking, and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

C.

Visitor-serving uses shown on Map 5 of the LUP, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment;

D.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on Map 5 of the LUP may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence;

E.

With respect to Parcel 49, any redevelopment which increases the visitor-serving area shall include urban open space, the amount of which shall depend on whether the launch ramp remains on Parcel 49 or is moved to another location in the harbor. If the launch ramp remains on Parcel 49, a minimum of one acre of urban open space shall be provided; if the launch ramp is moved to another location, a minimum of 2 acres of urban open space shall be provided. The urban open space may consist of hardscape and/or landscape, and may be located above ground level to maximize views. Any project proposed for Parcel 49 shall demonstrate how such urban open space will be used by the public, and that such urban open space will not be displaced by a commercial use, such as outdoor dining; and

F.

With respect to the launch ramp on Parcel 49, if visitor-serving development is undertaken on that parcel, the launch facility must remain in operation on site or be transferred to another site. At no time may the launch ramp be closed except in times of national emergency, to provide staging for a local emergency, or in connection with other safety considerations.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 29, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Marine Commercial is intended as a category which will allow coastal-related and coastal-dependent land and water uses, including storage and repair of boats.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Marine Commercial category may be used for:

A.

The following principal permitted use:

• Boat launching and open storage.

B.

The following permitted uses:

• Bait and tackle sales and rental;

• Bicycle and pedestrian path rights-of-way;

• Boat and marine sales and service;

• Boat launching;

• Boat operation, rental, charter and moorage;

• Boat repair, minor, including rigging, sanding, and tune-ups but excluding spray painting and major engine overhauls;

• Certified farmers' market (temporary), as defined in the Marina del Rey Land Use Plan;

• Dry boat storage within racks or structures less than 45 feet high;

• Ferries, water taxis, harbor cruises, and other scenic boating;

• Launch hoists;

• Marine gas sales and accessory retail;

• Moorage;

• Parking for boating-related uses;

• Public parks and fishing areas;

• Sales, rental and repair of marine supplies;

• Sale of food, beverages and sundries as a convenience to boaters;

• Schools for teaching boating, sailing and other marine-related activities;

• Transient boating visitor facilities, including docks, showers, restrooms and laundry, but excluding overnight accommodations;

• Wet slips.

C.

The following uses only when in conjunction with a primary use listed in Subsection A, a permitted use listed in Subsection B above or with a use listed in Section 22.46.1440 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Building materials, storage of;

• Grading projects, off-site transport;

• Office uses related to on-site boating activities, including yacht brokerage, marine insurance, marine engineering and design services, provided that the area devoted to such use does not exceed 2,000 square feet, the business conducted in the building is marine or boating-related and accessory to the principal use on the parcel;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan and approved by the Design Control Board.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 30, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Marine Commercial category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Marine Commercial category;

• Boat repair, painting and limited manufacturing;

• Boathouses, rowing clubs and facilities associated with crew racing;

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Office uses related to boating activities, including yacht brokerage, marine insurance, admiralty law, marine accountancy, marine engineering and design services, provided that no more than 25 percent of the site is devoted to such uses;

• Oil and gas wells and observation facilities;

• Parking lots and parking buildings;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan and approved by the Design Control Board;

• Yacht clubs.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Marine Commercial category:

• Building height is limited to a maximum of 45 feet, except that dry stack storage uses may be allowed a maximum of 75 feet when allowed by the Site-Specific Development Guidelines;

• Front, rear and side yard setbacks shall be a minimum of five feet, in addition to the required highway and promenade setbacks;

• View corridors, public open space areas and/or accessways required in this Specific Plan may be designed and integrated with the required front, side and rear yard setbacks or located elsewhere on the property if the Director finds that such design will enhance visual and physical access to the shoreline;

• Marine Commercial uses shall not reduce the amount of land area devoted to existing visitor-serving, boating or coastal-dependent marine commercial uses:

A.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

B.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking, and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

C.

Visitor-serving uses shown on Map 5 of the LUP, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment;

D.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on Map 5 of the LUP may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence;

• Parcels developed with yacht clubs shall reserve a minimum of 50 percent of the land area for boat storage uses.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 31, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Boat Storage is intended as a category allowing storage and repair of boats.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Boat Storage category may be used for:

A.

The following principal permitted use:

• Boat launching and open or enclosed storage of boats.

B.

The following permitted uses:

• Bicycle and pedestrian path rights-of-way;

• Boat repair, minor, including rigging, sanding, and tune-ups but excluding spray painting and major engine overhauls;

• Certified farmers' market (temporary), as defined in the Marina del Rey Land Use Plan;

• Launch hoist;

• Moorage;

• Parking for boating-related uses;

• Transient boating visitor facilities, including docks and showers;

• Wet slips.

C.

The following uses only when in conjunction with a primary use listed in Subsection A above, a permitted use listed in Subsection B above or with a use listed in Section 22.46.1480 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property not exceeding a total of 1,000 square feet or 10 percent of the area of the property, whichever is lesser;

• Bait and tackle sales and rental not exceeding 500 square feet or 10 percent of the area of the property, whichever is lesser;

• Building materials, storage of;

• Grading projects, off-site transport;

• Sale of food, beverages and sundries as a convenience to boaters, not exceeding 500 square feet or 10 percent of the area of the property, whichever is lesser;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan, and approved by the Design Control Board.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 32, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Boat Storage category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Boat Storage category;

• Boathouses, rowing clubs, and facilities associated with crew racing;

• Dry stack storage buildings;

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Oil or gas wells and observation facilities;

• Parking lots and parking buildings;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Boat Storage category:

• Building height is limited to a maximum of 25 feet, except that dry stack storage uses may be allowed a maximum of 75 feet when allowed by Site-Specific Development Guidelines;

• Front, rear and side yard setbacks shall be a minimum of five feet, in addition to the required highway setback;

• View corridors, public open space areas and/or accessways required in this Specific Plan may be designed and integrated with the required front, side and rear yard setbacks or located elsewhere on the property if the Director finds that such design will enhance visual and physical access to the shoreline;

• Boat Storage uses shall not reduce the amount of land area devoted to the existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking and public access:

A.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

B.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

C.

Visitor-serving uses shown on Map 5 of the LUP, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment; and

D.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on Map 5 of the LUP may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 33, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

The Office category is intended to authorize a variety of generalized offices.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Office category may be used for:

A.

The following principal permitted use:

• Office buildings.

B.

The following permitted uses:

• Banks, savings, and loans;

• Bicycle and pedestrian path rights-of-way;

• Certified farmers' market (temporary), as defined in the Marina del Rey Land Use Plan;

• Offices, business or professional;

• Public parks and picnic areas;

• Youth hostels.

C.

The following uses only when in conjunction with a primary use listed in Subsection A above, a permitted use listed in Subsection B above, or with a use listed in Section 22.46.1520 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Building materials, storage of;

• Grading projects, off-site transport;

• Public parks and picnic areas;

• Retail commercial, restaurant, personal and business services located on the ground floor only;

• On-site signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan and approved by the Design Control Board.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 34, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in Office category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Office category;

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Oil or gas wells and observation facilities;

• Parking for boating-related uses;

• Parking lots and parking buildings;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Office category:

• Building height is limited to a maximum of 45 feet seaward of the loop roads and a maximum of 225 feet on all other parcels;

• Front, rear and side yard setbacks shall be a minimum of 10 feet in addition to the required highway, emergency access and promenade setback;

• View corridors, public open space areas and/or accessways required in this Specific Plan may be designed and integrated with the required front, side and rear yard setbacks or located elsewhere on the property if such design will enhance visual and physical access to the shoreline;

• Office project uses shall not reduce the amount of land area devoted to the existing visitor-serving, boating or marine commercial uses:

A.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

B.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

C.

Visitor-serving uses shown on Map 5 of the LUP, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment;

D.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on Map 5 of the LUP may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 35, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Parking is intended as a category which will provide areas for public motor vehicle parking, particularly for visitors to Marina del Rey, and for special events for the benefit of the public.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 36, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Parking category may be used for:

A.

The following principal permitted use:

• Surface public parking lots.

B.

The following primary uses:

• Bicycle and pedestrian path rights-of-way;

• Boathouses, boat racks, and oarboxes for Parcel NR and IR;

• Certified farmers' markets (temporary), as defined in the Marina del Rey Land Use Plan;

• Information directories;

• Parking lots and parking buildings up to 45 feet high;

• Parking for boating-related uses;

• Public parks and picnic areas.

C.

The following uses only when in conjunction with a primary use listed in Subsection A, a permitted use listed in Subsection B above, or with a use listed in Section 22.46.1560 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Building materials, storage of;

• Grading projects, off-site transport;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan and approved by the Design Control Board;

• Structures used for fee collection.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 37, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Parking category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Parking category;

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Oil or gas wells and observation facilities;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan and approved by the Design Control Board;

• Youth hostels.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Parking category:

• Heights shall be limited according to parcel specific standards in Section 22.46.1780, in the Site-Specific Development Guidelines of this Specific Plan, but at a maximum, no more than 45 feet in height on moles and seaward of loop roads, and no more than 90 feet in height north of Admiralty Way or adjacent to Lincoln Boulevard;

• Standards shall be as set forth in Part 11, Chapter 22.52 of this Title 22;

• Parking lots shall not reduce the amount of land area devoted to the existing visitor-serving, boating, or marine commercial uses:

A.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

B.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking, and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

C.

Visitor-serving uses shown on Map 5 of the LUP, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment; and

D.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on Map 5 of the LUP may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 38, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

The Public Facilities category is intended to provide areas for public services and facilities other than public right-of-way, parking and open space.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Public Facilities category may be used for:

A.

The following principal permitted use:

• Publicly owned facilities.

B.

The following permitted uses:

• Administrative and government offices;

• Certified farmers' market (temporary), as defined in the Marina del Rey Land Use Plan;

• Fire stations;

• Libraries;

• Police stations;

• Public utility facilities;

• Public parks and picnic areas;

• Rights-of-way for bicycle and pedestrian paths.

C.

The following uses only when in conjunction with a primary use listed in Subsection A above, a permitted use listed in Subsection B above, or with a use listed in Section 22.46.1600 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Building materials, storage of;

• Grading projects, off-site transport;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 39, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Public Facilities category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Public Facilities category;

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Oil or gas wells and observation facilities;

• Parking for boating-related uses;

• Parking lots and parking buildings;

• Publicly owned uses necessary to the maintenance of the public health, convenience, or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan;

• Visitor-serving commercial uses listed in Sections 22.46.1390 and 22.46.1400 when allowed by the Site-Specific Development Guidelines of this Specific Plan.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Public Facilities category:

• Building height is limited to a maximum of 45 feet except that theme towers may extend to a maximum of 140 feet unless otherwise restricted by the site-specific guidelines;

• Front, rear and side yard setbacks shall be a minimum of 10 feet in addition to the required highway and promenade setback.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

The Open Space category is intended to provide urban, passive, and active recreational opportunities.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 40, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Open Space category may be used for:

A.

The following principal permitted use:

• Public parks, public plazas, and picnic areas.

B.

The following permitted uses:

• Bicycle and pedestrian path rights-of-way;

• Campgrounds, on a lot or parcel of land having not less than one acre;

• Certified farmers' market (temporary), as defined in the Marina del Rey Land Use Plan;

• Parks, playgrounds and beaches, with all appurtenant facilities customarily found in conjunction therewith;

• Public promenades;

• Riding and hiking trails, excluding trails for motor vehicles;

• View parks and view areas;

• Visitor-serving concession operations, limited to no more than 500 square feet.

C.

The following uses only when in conjunction with a primary use listed in Subsection A above or with a use listed in Section 22.46.1640 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Building materials, storage of;

• Grading projects, off-site transport;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 41, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Open Space category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Open Space category;

• Grading projects, off-site transport, where more than 100,000 cubic yards of material are to be transported, subject to the conditions and limitations of Sections 22.56.210 and 22.56.230;

• Grading projects, on-site;

• Oil or gas wells and observation facilities;

• Parking for boating-related uses;

• Parking lots, but excluding commercial parking lots;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan;

• Special events (temporary) of the type described in Part 14 of Chapter 22.56 of this Title 22 related to temporary use permits, without the sponsorship requirements or frequency limitations of such Part 14; however, no temporary use permit shall be required;

• Youth hostels, where permitted by Site-Specific Development Guidelines.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 42, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Open Space category.

• No structure over 25 feet in height shall be constructed, except that public facilities and buildings supportive of Chace Park and Marina Beach are allowed with a maximum height limit of 45 feet.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 43, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Water is intended as a category for recreational use, docking and fueling of boats, flood control, and light marine commercial.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Water category may be used for:

A.

The following principal permitted use:

• Water-oriented recreational activities, including boating, fishing, rowing, sightseeing, wind surfing.

B.

The following permitted uses:

• Bicycle and pedestrian path rights-of-way;

• Boat docks, piers;

• Boating-related equipment storage;

• Dry stack storage facilities attached to a land side structure;

• Public view areas;

• Schools for boating, sailing and other marine-related activities in which teaching is done on the water;

• Wet slips.

C.

The following uses only when in conjunction with a primary use listed in Subsection A above, a permitted use listed in Subsection B above, or with a use listed in Section 22.46.1680 below, subject to the same limitations and conditions provided in Section 22.46.1230:

• Accessory buildings, structures and uses customarily used in conjunction with the primary building or use of the property;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 44, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Property in the Water category may be used for:

A.

The following uses, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Access to property lawfully used for a purpose not permitted in the Water category;

• Boat fuel docks;

• Boat-launching facilities;

• Boat repair docks;

• Boathouses, rowing clubs and facilities associated with crew racing;

• Docking facilities for charter boats, sightseeing tours, party boats, etc.;

• Oil and gas wells and observation facilities;

• Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare;

• Signs as provided in Part 10 of Chapter 22.52 and in Section 22.46.1060 of this Specific Plan.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 45, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

These standards shall apply for all uses in the Water category:

• Building height is limited to a maximum of 15 feet, except that dry stack storage facilities connected to a land side structure shall be allowed at the height permitted by the land use category on the land side of the parcel;

• Development of new boat slips must be accompanied by adequate parking and land-side facilities, including boater restrooms.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 46, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 90-0158 § 1 (part), 1990.)

Waterfront Overlay is intended as an overlay land use category applied as a permitted use to residentially and commercially designated waterfront parcels in addition to the other permitted land use category of the site. The overlay is designed to encourage coastal-related and coastal-dependent land uses while increasing development flexibility. The Waterfront Overlay permits the combination of Hotel, Visitor-Serving Convenience Commercial, and Marine Commercial land uses with the primary land use category of a site; mixing of these uses within a structure is also permitted.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995.)

Property in the Waterfront Overlay Zone may be used for:

A.

The following principal permitted use:

• The use identified as the principal permitted use on the parcel, subject to the application as designated in the Site-Specific Development Guidelines for that parcel.

B.

The following permitted uses: Hotel, Visitor-Serving Convenience Commercial, Boat Storage, or Marine Commercial, or any use identified as a permitted use on the parcel, subject to the application of permitted land use categories which are designated in the Site-Specific Development Guidelines for that parcel.

C.

Any accessory use listed in Subsection C of permitted uses for any of the primary land use categories which are designated in the Site-Specific Development Guidelines for that parcel, provided the use is developed in conjunction with an allowed principal permitted use or permitted use, or an accessory use to a use allowed by Section 22.46.1720 below for which a conditional use permit has been granted.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995.)

Property in the Waterfront Overlay Zone may be used for:

A.

Any use listed as a principal permitted use, permitted use, or uses subject to additional permits in the Hotel, Visitor-Serving/Convenience Commercial and Marine Commercial land use categories, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995.)

A.

Development standards in the Waterfront Overlay Zone shall be equivalent to the standards of the respective primary land use categories in this Chapter. Development permitted by the Waterfront Overlay Zone must be consistent with the development standards of the primary land use category which permits the use. The Site-Specific Development Guidelines shall also apply and shall supersede the land use category standards when the standards differ.

B.

A detailed plot plan shall be submitted which accurately shows the location and dimensions of all improvements including streets, walkways, water areas, buildings, parcel lines, landscaped areas, buildings, etc. Multistory buildings and areas of mixed uses shall be indicated. Where applicable, the plans shall indicate the boundary lines of the land use categories located on the subject property; the land area for each category shall be calculated and shown on the plan. A tentative map shall be filed when required by Title 21 of this Code. Information shall be submitted which indicates how the proposed development is consistent with the allocation of development in the Development Zone where the parcel resides, as specified in the Site-Specific Development Guidelines.

C.

All development shall be carried out consistent with a plot plan submitted with the initial application on the property. The plot plan shall be consistent with the Specific Plan. The plot plan shall cover the entire parcel, and if there is phasing of the project, shall show phasing consistent with the provisions of the Specific Plan.

• Approval of waterfront overlay zone projects shall be based on the findings that a proposed project will provide improved public shoreline access, public recreational use, public views and day use by the general public, without detracting from public recreation facilities, including boat slips;

• Mixed Use projects permitted by the Waterfront Overlay Zone shall not reduce the amount of land area devoted to existing visitor-serving, boating or marine commercial uses:

1.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

2.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking, and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

3.

Visitor-serving uses shown on Map 5 of the LUP, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment;

4.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on Map 5 of the LUP may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 47, 2012; Ord. 95-0042 § 1 (part), 1995.)

Mixed Use Overlay is intended as an overlay land use category applied to selected parcels in addition to the primary land use category of the site. The overlay is designed to encourage mixed use projects and increase overall development flexibility. The Mixed Use Overlay permits the combination of any land use category with the primary land use category of a site; mixing of uses within a structure is also permitted.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995.)

Property in the Mixed Use Overlay Zone may be used for:

A.

The following principal permitted use:

• The use identified as the principal permitted use on the parcel subject to the application as designated in the Site-Specific Development Guidelines for that parcel.

B.

The following permitted uses:

• Any use identified as a permitted use on the parcel, subject to the application permitted land use categories which are designated in the Site-Specific Development Guidelines for that parcel.

C.

Any accessory use listed in Subsection B of permitted uses for any of the primary land use categories which are designated in the Site-Specific Development Guidelines for that parcel, provided the use is developed in conjunction with an allowed principal permitted use or permitted use, or an accessory use to a use allowed by Section 22.46.1760 below for which a conditional use permit has been granted.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995.)

Property in the Mixed Use Overlay Zone may be used for:

A.

Any use listed as a principal permitted use, permitted use or uses subject to additional permits in any land use category, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56.

B.

The following uses, provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:

• Temporary uses as provided in Part 14 of Chapter 22.56.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995.)

A.

Development standards in the Mixed Use Overlay Zone shall be equivalent to the standards of the respective primary land use categories in this Chapter. Development permitted by the Mixed Use Overlay Zone must be consistent with the development standards of the primary land use category which permits the use. The Site-Specific Development Guidelines shall also apply and shall supersede the land use category standards when the standards differ.

B.

A detailed plot plan shall be submitted which accurately shows the location and dimensions of all improvements including streets, walkways, water areas, buildings, parcel lines, landscaped areas, buildings, etc. Multistory buildings and areas of mixed uses shall be indicated. Where applicable, the plans shall indicate the boundary lines of the land use categories located on the subject property; the land area for each category shall be calculated and shown on the plan. A tentative map shall be filed when required by Title 21 of this Code. Information shall be submitted which indicates how the proposed development is consistent with the allocation of development in the development zone where the parcel resides, as specified in the Site-Specific Development Guidelines.

C.

All development shall be carried out consistent with a plot plan submitted with the initial application on the property. The plot plan shall be consistent with the Specific Plan. The plot plan shall cover the entire parcel, and if there is phasing of the project, shall show phasing consistent with the provisions of the Specific Plan.

• Mixed Use projects permitted by the WOZ shall not reduce the amount of land area devoted to existing visitor-serving, boating, or marine commercial uses:

1.

With the exception of existing boating facilities located on Parcels 1, 54, 55, and 56, boating facilities may be relocated in conjunction with development so long as the same or larger boating facilities are replaced within the Marina, and water and/or anchorage access necessary to allow the use to operate is preserved. With respect to Parcels 1, 54, 55, and 56, existing boating facilities shall be required to be preserved, but only if the use for such boating facilities is economically viable, and provided a commercial operator has interest in operating such use;

2.

Any project which relocates an existing coastal-dependent boating use, including but not limited to boat launching, boat storage, boater parking, and access, shall be phased so that said use is replaced within the Marina before the development which displaces it may commence;

3.

Visitor-serving uses shown on Map 5 of the LUP, Existing/Proposed Visitor-Serving Facilities, shall be preserved or replaced on site, as part of redevelopment;

4.

Other existing recreation, visitor-serving, and marine commercial facilities not shown on Map 5 of the LUP may be relocated in conjunction with development as long as the use is replaced within the Marina before the development which displaces it may commence.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 48, 2012; Ord. 95-0042 § 1 (part), 1995.)

A.

These guidelines set forth site-specific development standards and guidelines for parcels within the existing Marina. As used in these site-specific guidelines, the word "shall" means a requirement is mandatory whereas the word "may" means the standards are encouraged but not imperative. Development Zones are identified in Map 10, Marina Development Zones (see Map 10 at the end of this Part 3). Maps 11 through 13 illustrate the various parcels within each development zone (see Maps 11 through 13 set out at the end of this Part 3). Parcel numbers for the existing Marina are those used in lease parcel identification by Los Angeles County. Category boundaries for parcels containing more than one category may be found on the maps included in these site-specific guidelines.

B.

Maximum buildouts and land uses are identified for each Development Zone. Certain existing or allocated development may be converted to other uses in the same development zone, consistent with Subsection C.6 of Section 22.46.1090 of this Specific Plan and the land use category(ies) of the affected parcel(s).

C.

Each parcel has an identified primary land use category, required public improvements (if any) and special development considerations. With the exception of Parcel 9, which is under the control of the County Department of Beaches and Harbors, all parcels in Marina del Rey are now developed, and their present use is indicated on pages 21 through 25 of Appendix C, Specifications and Minimum Standards of Architectural Treatment and Construction, of the certified LCP. The additional development potential of a parcel is dependent upon the land use category(ies) of the parcel and the development allocated to the zone in which the parcel resides. Development monitoring shall continuously track the amount of development available in every zone; after an expansion project is approved, the additional development granted as part of the approval shall be deducted from the development available in a project's development zone. The balance will be the development available for future projects in the zone. Once the buildout allocated to a development zone is depleted to a zero development balance, future development in the zone is limited to recycling of uses with no expansions or increased trip generation. Existing uses shall be maintained on parcels residing in zones with a zero development balance, except for development consistent with the conversion provisions of Subsection C.6 of Section 22.46.1090.

D.

Records. The Department shall maintain a public record, open for public review and inspection, of (1) the amount of redevelopment granted in each development zone, (2) the amount of redevelopment remaining in each zone, and (3) the amount of redevelopment proposed in pending applications in each zone. Copies of this public log shall be forwarded semiannually to the Department of Beaches and Harbors and the Coastal Commission.

E.

Definitions. "Maintenance of a use" means the existing or similar use, height, floor area or intensity and peak-hour trip generation of a parcel shall remain the same. Required public improvements are those improvements the parcel lessee will be required to make when new development or recycling of uses on the leasehold occurs. Special development considerations refer to special circumstances or conditions which shall be observed at the time of development.

F.

All parcels are subject to the phasing requirements outlined in Section 22.46.1090 of this Specific Plan. In addition, all parcels must conform to the Use Restrictions and Development Standards and to these site-specific guidelines. As used in these land use restrictions and in the site-specific guidelines, the word "shall" means a requirement is mandatory whereas the word "may" means the standards are encouraged but not imperative. Where site-specific guidelines found in Sections 22.46.1790 through 22.46.1940, or the conditions of approval found in Section 22.46.1190 differ from the land use category regulations and development standards listed in Section 22.46.1200, above, such site-specific standards and conditions of development shall supersede the land use category regulations. If there is a conflict among these development standards, the more restrictive document shall control.

G.

It is the intent of this Specific Plan to allow the development of public facility uses as needed to serve the visitors and residents of Marina del Rey. Such uses shall include, but are not limited to, parking, fire, sheriff, beach, library, park, public transportation and other emergency and nonemergency services required for the day-to-day operation of the Marina.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 49, 2012; Ord. 2009-0004 § 7, 2009; Ord. 95-0042 § 1 (part), 1995: Ord. 91-0004 § 5, 1991; Ord. 90-0158 § 1 (part), 1990.)

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 50, 2012.)

*Notwithstanding any other provision to the contrary, these dwelling units may only be used on Parcel 64 in Development Zone 3, converted to a higher priority use in Development Zone 3, or transferred to another Development Zone via LCP amendment.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 51, 2012.)

The following site-specific guidelines shall apply to each respective area in Marina del Rey.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 52, 2012; Ord. 95-0042 § 1 (part), 1995: Ord. 91-0004 § 6, 1991; Ord. 90-0158 § 1 (part), 1990.)

Parcels 1, 3, 112, 113, BR

Required public improvements:

• Development shall provide waterfront public pedestrian access consistent with Section 22.46.1150 of this Specific Plan.

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan. New development or intensification on Parcels 112 and 113 shall require reservation of public open space and the construction of a public pedestrian promenade consistent with the 28-foot-wide standard.

• Public vehicular access shall be maintained along Bora Bora Way. No fewer than 10 public parking spaces shall be provided in a landscaped parking area adjacent to the gas dock.

• A small waterfront viewing park not less than 500 square feet in area shall be provided on Parcel 112 in conjunction with Phase II development.

• A small waterfront viewing park not less than 500 square feet in area shall be provided on Parcel 113 on a platform over the bulkhead, in conjunction with Phase II development.

• Park and picnic facilities, including a restroom shall be installed in Parcel 3 in conjunction with new development in the Bora Bora development zone.

Special development considerations:

• New building construction on Parcel 112 shall relate to Bora Bora Way and landscaping shall be enhanced.

• Parcel 1, Parcel 3—Height category 1: Building height not to exceed 25 feet.

• Parcel 112, Parcel 113—Height category 6: Building height not to exceed 225 feet.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 53, 2012; Ord. 2001-0010 § 1, 2001: Ord. 95-0042 § 1 (part), 1995.)

Parcels 7, 8, 9, 111

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

Special development considerations:

• Parcel 7—Height category 2: Building height not to exceed 45 feet.

• Parcel 8, Parcel 111 (mole portion)—Height category 3: Building height not to exceed 45 feet, unless an expanded view corridor is provided in accordance with Section 22.46.1060 in which case the height shall not exceed a maximum of 75 feet.

• Parcel 9, Parcel 111 (western portion)—Height category 5: Building height not to exceed 140 feet, unless an expanded view corridor is provided in accordance with Section 22.46.1060 in which case the height shall not exceed a maximum of 225 feet.

• Parcel 9 wetland park—In order to maximize wildlife values, no trails or gathering areas (such as picnic tables, pavilions, etc.) shall be allowed in the wetland park between the Parcel 8 parking lot and the wetland, or on the marina side of the wetland.

• The developer (or responsible lessee) of Parcel FF(14) shall pay 50 percent of the cost for the restoration of the wetland and creation of an approximately 1.5 acre wetland park on Parcel 9, as well as transient slip accommodations on Parcel 9 for 9-11 boats.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 54, 2012; Ord. 95-0042 § 1 (part), 1995.)

Parcels 10, 12, 13, 14

Prior to issuance of a building permit for the project, the permittee shall, to the satisfaction of the Directors of Regional Planning and Beaches and Harbors, pay monies into the coastal improvement fund (specified in Section 22.46.1950 of the County Code) in the amount necessary to fund 50 percent of the design, permitting, and construction of a public wetland and upland park on the southerly approximately 1.46-acres of Marina Parcel 9U. The first to obtain a building permit of the permittees of the subject project and the hotel resort project on Parcel 9U shall construct such public wetland and upland park and shall be entitled to reimbursement of 50 percent of the design, permitting, and construction cost by the County. If such park is not developed by the permittee of the hotel resort, the subject permittee may enter onto Parcel 9U to perform such construction work. Development of said public wetland and upland park on the southerly portion of Parcel 9U shall be completed and the park shall be open to the public in advance of issuance of a Final Certificate of Occupancy for the subject approved apartment building on Parcel FF(14).

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

Special development considerations:

• Parcel 12 (mole terminus portion)—Height category 2: Building height not to exceed 45 feet.

• Parcel 10 (mole portion), Parcel 12 (western portion on mole), Parcel 13 (mole portion), Parcel 14 (mole portion)—Height category 3: Building height not to exceed 45 feet, unless an expanded view corridor is provided in accordance with Section 22.46.1060 in which case the height shall not exceed a maximum of 75 feet.

• Parcel 10 (non-mole portion). Building height not to exceed a maximum of 75 feet.

• Parcel 14—Height category 3.

• Parcel 14—Developer shall deposit into an account designated by the County an amount equal to the cost of replacing 101 parking spaces at Chace Park or at Marina Beach, amount to be determined by the County. The replacement parking spaces shall be available for public use within five (5) years of the issuance of the Certificate of Occupancy for redevelopment of Parcel 14.

• The developer (or responsible lessee) of Parcel 14 shall pay 50 percent of the cost of the restoration of the wetland and creation of an approximately 1.5 acre wetland park on Parcel 9, and shall also construct at no cost to the County transient docks at Parcel 9 accommodating 9-11 vessels. If Parcel 14 development commences prior to Parcel 9 development, Parcel 14 shall absorb 100 percent of the costs of the wetland park construction, subject to 50 percent reimbursement if Parcel 9 develops. The wetland park shall be constructed and open prior to the issuance of the Certificate of Occupancy for Parcel 14.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 55, 2012; Ord. 95-0042 § 1 (part), 1995.)

Parcels 15, 18, and 20

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

Special development considerations:

• Parcel 18 (mole terminus portion), Parcel GR—Height category 2: Building height not to exceed 45 feet.

• Parcel 15, Parcel 18 (western portion along mole), Parcel 20—Height category 3: Building height not to exceed 45 feet, unless an expanded view corridor is provided in accordance with Section 22.46.1060 in which case the height shall not exceed a maximum of 75 feet.

• Deck parking structures may be provided on Parcel GR, limited to 45 feet maximum, consistent with the view and site design standards and requirements of this Specific Plan, including the requirement that any development provide shadow studies indicating the proposed development will not shadow the public beach on Parcel H between the hours of 9:00 a.m. and 5:00 p.m. after April 15th and before September 15th.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 56, 2012; Ord. 2001-0010 § 2, 2001: Ord. 95-0042 § 1 (part), 1995.)

Parcels 95, 100, 101, 102, 103, 104, DS, LLS, AL-1, and K-6

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

Special development considerations:

• Parcel DS—Height category 1: Building height not to exceed 25 feet.

• Parcels AL-1, LLS—Height category 2: Building height not to exceed 45 feet.

• Parcels 100, 101, 102, 103, 104, and K-6—Height category 6: Building height not to exceed 225 feet.

• Parcel 95—Height category 7: Building height with Visitor-Serving/Convenience Commercial not to exceed 45 feet; with the Mixed Use Overlay Zone option, building height not to exceed 140 feet.

• Any development on Parcel 95 exceeding 45 feet in height shall include street level entrances on Washington Boulevard, open space in the interior of the Parcel, and commercial facilities.

• Any development on Parcel LLS shall include landscaping along Via Marina.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 57, 2012)

Parcels 21, 22, 27, 28, 30, 33, 91, 97, 140, 141, 145, GR, HS, IR, JS, NR

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan. On Parcel 30, any expansion less than or equal to 10 percent of the floor area existing at the time of the certification of the LCP in 1990 shall require the construction of a public pedestrian promenade, consistent with the 28-foot wide standard, along 50 percent of the length of the bulkhead; any expansion greater than 10 percent of the floor area existing at the time of the certification of the LCP in 1990 shall require the construction of a public pedestrian promenade, consistent with the 28-foot wide standard, along 100 percent of the length of the bulkhead.

Special development considerations:

• Parcels 27, 28, 30, 33, 91, HS, IR, JS and N—Height category 2: Building height not to exceed 45 feet.

• Parcel 140—Height category 4: Building height not to exceed 140 feet.

• Parcels 141, 145—Height category 6: Building height not to exceed 225 feet.

• Parcel 97—Height category 7: Building height with Visitor-Serving/Convenience Commercial not to exceed 45 feet; with the Mixed Use Overlay Zone option, building height not to exceed 140 feet.

• New development shall preserve water views and avoid walling in the public beach. Redevelopment of the public beach parcels shall provide new views to the water from Admiralty Way and Via Marina.

• Parcels 97 and 140 may be developed together as a design unit. In lieu of view corridors, any development on these Parcels 97 and 140 that exceeds 45 feet in height shall provide articulation, landscaping and design details that (1) provide a gateway to the Marina, (2) step back heights adjacent to Washington Street to provide a softened edge next to Venice, and (3) provide street level commercial development adjacent to Washington Street.

• Development shall provide significant landscaping at ground level, particularly at the intersections of Admiralty Way with Palawan Way and Via Marina, to provide a park-like entry character to this high-intensity public use area.

• In no event shall the total area devoted to boat storage, including mast-up storage and dry-stack storage, be decreased within the Palawan/Beach development zone.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 58, 2012; Ord. 95-0042 § 1 (part), 1995.)

Parcels 125, 128, 129, 147, P, Q, RR

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

• The regional bicycle trail shall be retained or reconstructed as part of any redevelopment affecting these parcels.

Special development considerations:

• Parcel 125 (western portion)—Height category 6: Building height not to exceed 225 feet.

• Parcels 125 (easternmost 300 feet), 129, P, Q, RR—Height category 7: Building height not to exceed 40 feet.

• Parcel 147—Building Height not to exceed 75 feet on Admiralty and 85 feet on Washington Boulevard.

• A public walkway with a minimum width of 20 feet shall be constructed consistent with County design requirements on Parcel 147 to connect Washington Boulevard and Admiralty Way at the sole expense of the developer of Parcel 147.

• In order to ensure the relocation of the existing public parking spaces from Parcel 147 to Parcel 21, prior to the commencement of development of Parcel 147, the lessee of Parcel 21 shall execute necessary documentation acceptable to the County surrendering approximately 206 linear feet of leasehold, as measured along the water frontage, starting from the northwest corner of Parcel 21, and including the entire depth of the parcel, for the total of approximately 30,900 square feet, to be joined with Parcel GR.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 59, 2012; Ord. 95-0042 § 1 (part), 1995.)

Parcels 40T, 94, 130, 131, 132, 133, 134, SS

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

• On Parcel 132, any redevelopment or expansion in excess of 10 percent of the floor area existing at the time of the certification of the LCP in 1990 shall require the construction of a pedestrian promenade, consistent with the 28-foot-wide standard, along 50 percent of the length of the bulkhead; expansion in excess of 20 percent of the floor area existing at the time of the certification of the LCP in 1990 shall require the construction of a public pedestrian promenade, consistent with the 28-foot-wide standard, along 100 percent of the length of the bulkhead.

• The regional bicycle trail shall be retained or reconstructed as part of any redevelopment affecting these parcels.

Special development considerations:

• Parcels 40T, 132 (mole portion)—Height category 2: Building height not to exceed 45 feet.

• Parcel 134—Height category 3: Building height not to exceed 45 feet, unless an expanded view corridor is provided in accordance with Section 22.46.1060 in which case the height shall not exceed a maximum of 75 feet.

• Parcels 132 (nonmole, nonpanhandle portion), 133—Height category 4: Building height not to exceed 140 feet.

• Parcels 130, 131, 132 (panhandle portion), SS—Height category 7: Building height not to exceed 40 feet.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 60, 2012; Ord. 95-0042 § 1 (part), 1995.)

Parcels 41, 42, 43, 44, 75, 76, 150, UR

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

• The regional bicycle trail shall be retained or reconstructed as part of any redevelopment affecting these parcels.

Special development considerations:

• Parcels 42, 43 (mole terminus portion)—Height category 2: Building height not to exceed 45 feet.

• Parcels 41, 43 (mole road portion), 44, UR—Height category 3: Building height not to exceed 45 feet, unless an expanded view corridor is provided in accordance with Section 22.46.1060 in which case the height shall not exceed a maximum of 75 feet.

• Parcels 75, 76, 150—Height category 6: Building height not to exceed 225 feet.

• On Parcel UR, development of uses other than public parking shall be conditioned to provide replacement public parking on-site or elsewhere in the Marina on a one-to-one basis such that there is no net reduction in public parking spaces. Turf block on-site can be considered for a portion of these spaces.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 61, 2012; Ord. 95-0042 § 1 (part), 1995.)

Parcels 47, 48, 49M, 49R, 49S, 50, 52, 53, 54, 77, EE

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads.

• On Parcels 52, 53, and 54, said promenade shall only be constructed along the water if determined to be safe, and access to the waterfront shall be provided along the property line between Parcels 52 and 53. A view park shall be constructed in lieu of the promenade when it is determined that a promenade along the water is unsafe at that location. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

• In the event a dry stack boat storage facility is not constructed on Parcel 52, no other use may be established on the parcel until such time as a new site for a dry stack facility is designated in Marina del Rey.

• The regional bicycle trail shall be retained or reconstructed as part of any redevelopment affecting these parcels.

• Redevelopment on Parcel 47 shall be conditioned to require pedestrian access from Mindanao Way to the pedestrian promenade.

Special development considerations:

• Parcel EE—Height category 1: Building height not to exceed 25 feet.

• Parcels 47, 49M, 49R, 49S, 50, and 77—Height category 2: Building height not to exceed 45 feet.

• Parcels 49M, 49R, and 49S may be developed as a unit, with a blending of uses within and between the parcels. The launch ramp must be incorporated into any proposed project for these parcels. The current capacity of the launch ramp shall be protected and ramp and support facilities shall not be combined with other uses that would reduce the capacity or usability of the ramp by the boating public. Any proposal which adds Visitor-Serving/Convenience Commercial uses to these parcels must also add urban open space as required by Section 22.46.1410.E.

• Parcels 52, 53, and 54—Height category 3: Building height not to exceed 45 feet, unless an expanded view corridor is provided in accordance with Section 22.46.1060 in which case the height shall not exceed a maximum of 75 feet, except that boat hoists may exceed this height.

• In no event shall the total area devoted to boat storage, including mast-up storage and dry-stack storage, be decreased within the Mindanao Area.

• Parcel 52—Development of a dry stack storage facility shall not extend more than 100 feet seaward of the bulkhead and all associated docks shall not exceed the water lease line.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 62, 2012; Ord. 95-0042 § 1 (part), 1995.)

Parcels 55, 56, 61, BB, W

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

• Development adjacent to the new channel entrance for the Area A boat basin shall provide view areas of the main channel and new Marina basin.

Special development considerations:

• Parcels 55, 61—Height category 2: Building height not to exceed 45 feet.

• Parcels 56, W—Height category 3: Building height not to exceed 45 feet, unless an expanded view corridor is provided in accordance with Section 22.46.1060 in which case the height shall not exceed a maximum of 75 feet.

• Parcels 56 and W may be developed as one unit, provided that public views are maintained and equivalent public parking is reserved and provided in addition to commercial parking.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 63, 2012; Ord. 95-0042 § 1 (part), 1995.)

Parcels 62, 64, 65

Required public improvements:

• A continuous 28-foot-wide pedestrian promenade shall be provided and maintained along all bulkheads, except Parcel 62 for safety reasons where the accessway shall be routed inland of the Sheriff's station and boat hoists. Seating and landscaping shall be provided along the bulkheads consistent with Section 22.46.1060 of this Specific Plan.

Special development considerations:

• Parcels 62, 65—Height category 2: Building height not to exceed 45 feet.

• Parcel 64—Height category 4: Building height not to exceed 140 feet.

• Docking facilities may be provided as needed on Parcel 62 for harbor patrol and Coast Guard uses.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 64, 2012; Ord. 95-0042 § 1 (part), 1995.)

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 §§ 65, 66, 2012.)

Parcel XT

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 67, 2012; Ord. 95-0042 § 1 (part), 1995.)

Parcels 51, 200

Special development considerations:

• Parcels 51, 200—Height category 2: Building height not to exceed 45 feet.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 68, 2012; Ord. 95-0042 § 1 (part), 1995.)

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995.)

A.

A coastal improvement fund is established to finance construction of local park facilities and non-motorized public boating facilities in the Marina del Rey area. New park and non-motorized public boating facilities will mitigate the impacts of new residential development on the regional recreational resources of the Marina and adjacent beaches. The fund will be generated by charging a fee per unit for new residential units in the existing Marina. Notwithstanding the application of this fee to residential units only, Senior Accommodations projects shall be required to pay this fee.

Each subsequent development application to construct new residential units in Marina del Rey shall contribute its calculated share to the coastal improvement fund to provide funds for construction of local park and non-motorized public boating facilities in Marina del Rey. The coastal improvement fund may be used for projects identified in Subsection C of this Section.

B.

Discussion. Additional residential development will place a burden on the regional recreational resources of the Marina and adjacent areas as new residents utilize these resources to fulfill local recreation needs. Creation and improvement of new park lands, public access areas, and non-motorized public boating facilities to serve the new residential population will mitigate the adverse impacts of additional residential development on regional facilities. The coastal improvement fund will provide a mechanism to collect fees to be used for the development of new park, public access, and non-motorized public boating facilities in the existing Marina.

The Specific Plan allocates a total of 2,420 additional dwelling units for the existing Marina. The average occupancy for apartment dwelling units in the Marina del Rey area is 1.5 residents per unit, according to the 1990 Census. Based on these figures, residential development is expected to add 3,630 residents to the existing Marina.

The Los Angeles County General Plan establishes a local park standard of four acres per 1,000 population. Application of this standard against the increased population results in a local park need of 14.5 acres in the existing Marina. These acreages are attributed to the new development only and do not include acreages which are part of the local park space deficit for existing development.

Improvement of Parcel P as a 10.27-acre open space area with public access will create 10.7 acres of new open space and public amenities in the existing Marina. Additionally, the County intends to add 7.1 acres to Chace Park, bringing the total added open space acreage to 17.8 acres.

Improvement of land for local park space will cost $100,000 per acre (adjust per CPI). This cost includes the improvements identified in Subsection C.1 of this Section. The cost of improvements, therefore, is calculated at the rate of $100,000 (adjust per CPI) per acre, yielding a total cost of $1,450,000 for improvement of 14.5 acres in the existing Marina.

The coastal improvement fund fee is determined as follows: $1,450,000 total funds needed spread over 2,420 residential units results in a cost of $600 per dwelling unit. The coastal improvement fund shall be adjusted annually for inflation based on the United States Bureau of Labor Statistics Consumer Price Index (CPI).

C.

Use of the Fund. The following uses of the coastal improvement fund will be allowed:

1.

Park and public access facilities, including, but not limited to:

• Bicycle paths;

• Community buildings;

• Drinking fountains;

• Interpretive displays;

• Irrigation;

• Jogging paths;

• Landscaping;

• Non-motorized low-cost boating;

• Non-motorized public boating facilities;

• Parking lots;

• Pedestrian promenades;

• Picnic tables and benches;

• Playgrounds;

• Recreation centers;

• Recreational fields;

• Restroom facilities;

• Turf;

• View decks and areas;

• Walkways.

2.

Acreage. Funds accumulated by payment of the coastal improvement fund fee from development in the existing Marina shall be used to construct any of the facilities identified in Subsection C.1 of this Section on 12.7 acres of local park land and public access area in the existing Marina identified in this Specific Plan respectively as Parcel FF and Parcel P.

D.

Project Credit. Development projects may be credited from payment of the calculated coastal improvement fund fee at the rate of $2.30 credit for every square foot of improved public open space provided on site. Improvements qualifying for credit shall be only those identified in Subsection C.1 of this Section. A contiguous 500 square feet shall be the minimum size open space area to receive credit under this project credit option. No credit shall be given for the walkway required pursuant to Section 22.46.1850 on Parcel 147.

E.

Reimbursement. Fee payments made at the rate established herein shall be subject to partial reimbursement, on a pro rata basis, in the event that ultimate park improvement costs fall below those presently calculated.

F.

The coastal improvement fund shall require the applicant to pay $1,200 per residential unit in such cases where a public parking lot is being replaced by a non-priority use such as an apartment complex or senior accommodations facility.

G.

An annual report on the amount and expenditures of the funds in the coastal improvement fund shall be submitted to the Department and a copy submitted to the Executive Director.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 69, 2012; Ord. 95-0042 § 1 (part), 1995.)

A.

A youth hostel fund will be established to encourage new low-cost overnight accommodations in the Marina del Rey area. The fund will be generated by charging a fee per unit for new hotel units in the existing Marina (Phase II).

Each subsequent development application to construct new hotel rooms in Marina del Rey shall participate in and contribute its fair calculated share to an appropriate financing program to provide funds for youth hostel construction in the Marina area. The youth hostel fund may be used for projects identified in Subsection E of this Section.

B.

Discussion. Low-cost visitor-serving accommodations in Marina del Rey are highly outnumbered by high-cost hotels, condominiums, and apartments. The certified LUP determined that these high-cost accommodations can be mitigated by providing funds to be used for creation of new, lower-cost overnight accommodations in the Marina area. The youth hostel fund responds to the LUP's recreation and visitor-serving facilities policy to provide these accommodations.

Hotel development allowed by Phase I in the existing Marina has already provided approximately $1,000,000 in funds for youth hostel accommodations, including contributions toward a youth hostel under construction in Santa Monica. However, the burden of mitigating high-cost accommodations should not be limited to Phase I development; Phase II hotels, therefore, are required to contribute to the youth hostel fund.

C.

Assessment. Each developer who opts to contribute to a youth hostel fund, in lieu of provision of low and moderate-cost overnight accommodations on-site, shall contribute the prorated share of the acquisition and construction of a moderate-cost facility. Said contribution shall be at a rate of one-tenth of the current cost of acquisition and construction of one bed and one bed's share of appurtenant supporting facilities including bathrooms and kitchens) per every 10 market rate hotel rooms constructed.

D.

Limitations. The fund shall be deposited in a separate interest-bearing account and shall be spent only for the purposes outlined in Subsection E of this Section. If after a period of five years, the monies have not been spent, the County shall return for an LCP amendment to determine alternative low and moderate cost accommodations.

E.

Use of the Fund. The fund shall be expended only on lower-cost overnight accommodations in the Marina del Rey area such as:

• Youth hostels;

• Elder hostels;

• Lower-cost group conference accommodations;

• Campgrounds.

(Ord. 2019-0004 § 1, 2019; Ord. 95-0042 § 1 (part), 1995.)

A.

Purpose. The Los Angeles County coastal improvement fund and fee is hereby established to finance construction of local park facilities in existing Marina del Rey. The fund implements recreation and visitor-serving facilities policies set forth in the Marina del Rey Land Use Plan. Implementation of the fund will mitigate the impacts of new residential development on coastal access, visitor-serving and coastal-dependent uses.

B.

Coastal Improvement Programs Specified. The Marina del Rey Specific Plan identifies specific facilities which may be financed through the coastal improvement fund to mitigate the impacts of residential development in the existing Marina. The facilities include:

1.

Park and public access facilities, including, but not limited to:

• Bicycle paths;

• Boathouses;

• Boat racks and oarboxes;

• Community buildings;

• Docks for low cost, non-motorized boating;

• Drinking fountains;

• Interpretive displays;

• Irrigation;

• Jogging paths;

• Landscaping;

• Parking lots;

• Pedestrian promenades;

• Picnic tables and benches;

• Playgrounds;

• Recreation centers;

• Recreational fields;

• Restroom facilities;

• Turf;

• View decks and areas;

• Walkways.

2.

Acreage. Funds accumulated by payment of the coastal improvement fund fee from development in the existing Marina shall be used to construct any of the facilities identified in Subsection A of this Section of local park land and public access area in the existing Marina.

C.

Establishment of Fund. The coastal improvement fund shall be established based upon fees charged for the construction of new residential units anywhere in existing Marina del Rey. Said fees shall be required as a condition of approval for development in the areas specified above; fees shall be collected prior to the issuance of building permits.

D.

Calculation of Fee. The coastal improvement fund fee shall be based on the calculation of the net increase in residential units. The fee in dollars shall be figured as follows:

Fee = Number of new residential units multiplied by 600.

E.

Use of the Fund. The fees collected shall be deposited in a separate, interest-bearing account constituting the County coastal improvement fund. Other money which may accrue to the fund from sources other than the fee will similarly be deposited in the County coastal improvement fund. The fund will be administered jointly by the Directors of the Department of Beaches and Harbors and the Department. The fund will be utilized exclusively for financing improvements listed in Section 2.

F.

Project Credit. Development projects may be credited from payment of the calculated coastal improvement fund fee at the rate of $2.30 credit for every square foot of improved public open space provided on-site. Improvements qualifying for credit shall be only those identified in Subsection A of Section 2. A contiguous 500 square feet shall be the minimum size open space area to receive credit under this project credit option.

G.

Reimbursement. Fee payments made at the rates established herein shall be subject to partial reimbursement, on a pro rata basis, in the event that ultimate park improvement costs fall below those presently calculated.

(Ord. 2019-0004 § 1, 2019; Ord. 2012-0016 § 70, 2012; Ord. 95-0042 § 1 (part), 1995.)

(Ord. 2019-0004 § 1, 2019.)

All references to Title 22 are to the version of Title 22 (Planning and Zoning Code) of the County Code in effect at the time of this Specific Plan's certification by the Coastal Commission. All sections of this Specific Plan added or amended before February 8, 2012 shall refer to Title 22 in effect as of February 8, 1996. All sections of this Specific Plan amended by Ordinance 2012-0016 shall refer to Title 22 in effect as of February 8, 2012.

(Ord. 2019-0004 § 1, 2019.)

This Chapter 22.56 shall not apply to the Santa Monica Mountains Coastal Zone, which instead shall refer to Section 22.44.600 et seq. (Santa Monica Mountains Local Implementation Program) of this Title 22. Unless where specified otherwise, all references used in this Chapter 22.56 are to Title 22 regulations in effect on December 29, 1989 when Ordinance No. 89-0147 became effective.

The Santa Monica Mountains Local Implementation Program (LIP) constitutes the implementation mechanism for the Santa Monica Mountains Land Use Plan (LUP), including the following LUP maps:

• Planning Area

• Biological Resources

• Scenic Resources

• Recreation

• Hazards: Flood and Fire

• Hazards: Seismicity

• Rural Villages

• Land Use Policy

• Highway Plan

The associated Santa Monica Mountains Local Coastal Program Zoning Map is also a part of the LIP. As such, the LIP establishes regulations for new development and for the protection and management of the Santa Monica Mountains Coastal Zone's unique resources. Together, the LUP and the LIP constitute the County's State-mandated Local Coastal Program (LCP) for the Santa Monica Mountains segment of the County's coastal zone.

(Ord. 2019-0004 § 1, 2019.)

The Santa Monica Mountains Coastal Zone District (Coastal Zone) is the unincorporated area bounded by the City of Los Angeles on the east, the Pacific Ocean and the City of Malibu on the south, Ventura County on the west, and the inland boundary of the Coastal Zone on the north. The inland boundary of the Coastal Zone is located approximately five miles inland of the Pacific Ocean. Coastal development at Pepperdine University is subject to the jurisdiction of the California Coastal Commission (Coastal Commission) pursuant to the University's existing Long Range Development Plan (LRDP), and, as such, the University property is not included in this district. The approximate boundaries of the Coastal Zone are shown on the Planning Area Map found within the LUP.

(Ord. 2019-0004 § 1, 2019.)

A.

Protection of Significant Environmental Resource Areas (SERAs) (HI and H2 Habitats) and public access shall take priority over other LIP development standards.

B.

If provisions of this LIP are found to be in conflict with other provisions of this Title 22, this LIP shall prevail. For matters on which this LIP is silent, or where more restrictive standards than the ones in this LIP are subsequently adopted by the County Board of Supervisors, other applicable provisions of the County Code shall apply provided that no such provisions would be in conflict with the certified LCP or would result in significant adverse impacts to coastal resources.

C.

Amendments to the LIP approved pursuant to the provisions of Section 22.44.700, shall not be effective until certified as amendments to the LCP by the Coastal Commission and the certification has become final and effective pursuant to the Coastal Commission regulations. If the LIP relies on or incorporates a section of the County Code that is outside the LIP (hereinafter, an "extra LIP section"), and that extra-LIP section is altered, that change must be certified by the Coastal Commission as an LCP amendment in order to be effective for purposes of the LIP. Until a change to any such extra-LIP section is certified by the Coastal Commission, the LIP's cross-reference will be read as a reference to the version of that extra-LIP section as it existed as of the date of effective certification of this LIP.

(Ord. 2019-0004 § 1, 2019.)

The definitions and acronyms listed in this section, along with the definitions appearing in the "Glossary" section of the LUP, apply throughout this LIP.

— "Accessory building or structure" means a detached subordinate building or structure, containing no kitchen or cooking facilities, the use of which is customarily incidental to that of the main building, to the principal use of the land, and which is located on the same lot or parcel of land with the principal building or use to which it is accessory.

— "Accessory use" means a use customarily incidental to, related and clearly subordinate to the principal use established on the same lot or parcel of land, which accessory use does not alter said principal use nor serve property other than the lot or parcel of land on which the principal use or other use is located.

— "Aggrieved Person" means any person who, in person or through a representative, appeared at a public hearing of the County in connection with the Coastal Development Permit decision or action appealed, or who, by other appropriate means prior to a hearing, informed the County of the nature of his/her concerns, or who for good cause was unable to do either.

— "Agricultural uses" include, but are not limited to: crops—field, tree, bush, berry, and row, including nursery stock; grazing of livestock; raising of livestock; dairy, livestock feed yard, and livestock sales yard operations.

— "Appealable Coastal Development Permit" means, after certification of the LCP, an action taken by the County on a coastal development permit application may be appealed to the California Coastal Commission for only the following types of developments:

(1)

Developments approved by the County between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or the mean high tideline of the sea where there is no beach, whichever is the greater distance;

(2)

Developments approved by the County not included in paragraph 1 that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff;

(3)

Any development approved by the County that is not designated as the principal permitted use under the certified LCP; and

(4)

Any development that constitutes a major public works project or a major energy facility. The phrase "major public works" or a "major energy facility" as used in this section and in these regulations generally mean: any such project or facility as defined by section 13012 of the Coastal Commission Regulations and the Coastal Act.

— "Area, Gross" means the area of a site that includes dedicated streets and private easements.

— "Area, Net" means the portion of a site that can actually be built upon. The following generally are not included in the net acreage of a site: public or private road rights-of-way, dedicated open space, and floodways.

— "Best Management Practices (BMPs)" are the methods, measures, and practices designed and selected to reduce or eliminate pollutants in runoff and/or changes in runoff flow characteristics from development.

— "Bluff" is a high bank or bold headland with a broad, precipitous, sometimes rounded cliff face overlooking a plain or a body of water with at least 10 feet of vertical relief.

— "Bluff Edge"—For coastal and canyon bluffs, the bluff edge shall be defined as the upper termination of a bluff, cliff, or sea cliff. In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff, the bluff edge shall be defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a step-like feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the bluff edge. Where a coastal bluff curves landward to become a canyon bluff, the termini of the coastal bluff edge, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the coastal bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the canyon facing portion of the bluff. Five hundred feet shall be the minimum length of bluff line or edge to be used in making these determinations.

— "Buildable parcel" means a legally created lot or parcel which contains a site that may be lawfully accessed, has a well or municipal water system to serve as the potable water source, is served by public sewer or the rate of percolation will accommodate an approved on-site wastewater treatment system, is not located in an area of landslide or other geologic hazard, and upon which at least one structure can be built in conformity with all County policies and all County codes in effect at the time of a complete application for a development or building permit.

— "Building site" means the approved area of a project site that is or will be developed, including the building pad and all graded slopes, all structures, decks, patios, impervious surfaces, and parking areas. The following development may be excluded from the total building site area:

• The area of one access driveway or roadway that does not exceed 20 feet in width and is the minimum design necessary, as required by the County Fire Department;

• The The area of one approved Fire Department turnaround that is the minimum design necessary to ensure safety and comply with Los Angeles County Fire Department requirements and not located within the approved building pad; and

• Graded slopes exclusively associated with the access driveway or roadway and hammerhead safety turnaround indicated above, and grading necessary to correct an adverse geological condition.

Fuel modification area required by the County Fire Department for approved structures, and confined animal facilities approved pursuant to Section 22.44.1940 may extend beyond the limits of the approved building site area.

— "Campground" means a lot or parcel of land designed or used for tent camping other than a Low-Impact Campground, including appurtenant support facilities and picnic areas, but excluding any structures for permanent human occupancy, and which is used for temporary leisure or recreational purposes and provides opportunities for the enjoyment or appreciation of the natural environment. Fire pits or open fires of any kind are strictly prohibited.

— "Campground, low-impact" means an area of land designed or used for "carry-in, carry-out" tent camping accessed by foot or wheelchair, and may include associated support facilities in accordance with the standards in Subsection M.2.c of Section 22.44.1920 and excluding any structures for permanent human occupancy and excluding roads. Low-impact campgrounds constitutes a resource-dependent use.

— "Camping, carry-in, carry-out" means camping in which campers arrive at a campground by foot or other non-motor vehicle transportation from associated parking areas, ADA compliant drop-off areas, trails or bikeways, rely upon only that which can be carried to the site, and leave nothing behind at the campground upon departure.

— "CDP" means Coastal Development Permit.

— "Coastal Act" means the California Coastal Act of 1976, which is codified in Division 20 of the California Public Resources Code (section 30000, et seq.).

— "Coastal Bluff" is a bluff, as defined herein, whose toe is now or was historically (within the last 200 years) subject to marine erosion.

— "Coastal Commission" means the California Coastal Commission created and operating under the Coastal Act of 1976.

— "Coastal waters" means wetlands, streams, drainage courses, estuaries, marshes, and lakes within the Coastal Zone.

— "Coastal Zone" (or "Santa Monica Mountains Coastal Zone") means the area that meets all three of the following criteria:

(1)

It is within the coastal zone as defined in the Coastal Act (sections 30103 and 30150);

(2)

It is within unincorporated Los Angeles County; and

(3)

It is in the Santa Monica Mountains area. The boundaries of this area are described generally in Section 22.44.610.

— "Commission" means the Regional Planning Commission of the County.

— "Confined Animal Facilities" mean facilities built and used for the keeping of livestock and equines.

— "County Recorder" means the County Department of Registrar-Recorder/County Clerk.

— "Crops" means cultivated plants including field, tree, bush, berry, and row, including nursery stock.

— "Department" means the County Department of Regional Planning.

— "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in density or intensity of use of land, including but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with section 66410 of the California Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private or public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with section 4511 of the California Public Resources Code).

— "Demolition" means the deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or use.

— "Director" means the Director of the Department of Regional Planning.

— "Donor areas" mean those buildable parcels where the development potential can be retired through the Transfer of Development Credit program detailed in Section 22.44.1230.

— "Drainage course" means a stream.

— "Dry-weather runoff" is the runoff from a site not attributed to rainfall; it typically includes, for example, irrigation water, wastewater from rinsing or pressure-washing pavements, and residential car wash water.

— "Dwelling unit" means one or more rooms in a building or portion thereof designed, intended to be used or used for occupancy by one family for living and sleeping quarters and containing only one kitchen. "Dwelling unit" also includes:

a.

One or more habitable rooms within a mobilehome which are designed to be occupied by one family with facilities for living, sleeping, cooking, eating and sanitation; and

b.

Any room used for sleeping accommodations which contains a bar sink and/or gas, electrical or water outlets designed, used, or intended to be used for cooking facilities.

— "Emergency preparedness and response facilities" means facilities that either:

a.

Increase readiness for a future emergency and are approved by the Los Angeles County Fire Department. Such facilities include but are not limited to: search and rescue headquarters, volunteer fire departments, and publicly owned and operated helicopter pads on public or private land where needed for emergency services and approved by the Fire Department, consistent with all applicable policies of the LCP, and located to limit noise impacts on residential areas and public parkland; or

b.

Structures which provide temporary protection to individuals from natural disasters such as wildfires. These facilities are intended to serve as a short-term refuge when evacuation to safer areas is not possible.

— "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

— "Fractional section" means a section, often irregularly shaped, located at the boundary of a rancho that was divided into numbered lots by the original government survey of public lands; considered an "undersized section" as defined below.

— "Habitable Accessory Structure" means detached accessory structure located on the same property as a single-family residence, for use by temporary guests of the occupants of the residence with sanitation, but without a kitchen or kitchen facilities.

— "Historical vehicle collection" means one or more vehicles of historic value, special interest vehicles, parts cars, or street rod vehicles as defined in the California Vehicle Code, which are collected, restored, or maintained for noncommercial hobby or historical purposes.

— "Hydromodification" is the physical effect on receiving water streams linked to the modification of the duration, volume, and intensity of runoff from development that influences sediment transport, erosion and depositional processes, and stream ecology.

— "Integrated Pest Management (IPM)" is the process used to manage pests or pest damage using current, comprehensive information on the life cycles of pests and their interaction with the environment, in combination with available pest control methods, with the least possible hazard to people, property, and the environment.

— "Land Division" or "Division of Land" means the division of improved or unimproved land, including subdivisions (through parcel map or tract map), and any other divisions of land including lot splits, lot line adjustments, redivisions, mergers, reversions to acreage, and legalization of lots purported to be created by a method that was not in compliance with applicable laws.

— "Land Use Plan" means the "Santa Monica Mountains Land Use Plan," which provides more focused policy for the regulation of development within the planning area as part of the overall County General Plan and indicates the kinds, locations, and intensities of allowable land uses, as well as specifying resource protection and development policies.

— "LCP" means the Local Coastal Program.

— "LIP" means the Local Implementation Program.

— "Local Coastal Program" means the County program developed to implement the Coastal Act within the Coastal Zone, pursuant to California Public Resources Code section 30500, and consisting of the combination of the Land Use Plan (or LUP) and the Local Implementation Program (or LIP).

— "Local Implementation Program" means the implementation mechanism for the Santa Monica Mountains Land Use Plan (LUP).

— "Lot line adjustment" means the modification of one or more lines that form the boundary(ies) between two or more adjacent parcels, where a greater number of parcels than originally existed is not thereby created.

— "Livestock" means any pig, pygmy pig, hog, cow, bull steer, sheep, goat, llama, alpaca, domestic fowl, or rabbit. For the purposes of this LIP, livestock keeping shall be considered an agricultural use.

— "Low Impact Development (LID)" is a development site design strategy with a goal of maintaining or reproducing the site's pre-development hydrologic functions of storage, infiltration, and groundwater recharge, as well as the volume and rate of stormwater discharges. LID strategies use small-scale integrated and distributed management practices, including minimizing impervious surfaces, infiltrating stormwater close to its source, and preservation of permeable soils and native vegetation.

— "LUP" means the "Land Use Plan."

— "Normal division of land" means a breakdown by quarters and/or halves which results in parcels of 320, 160, 80, 40, 20, or 10 acres, or an original numbered lot in a fractional section.

— "Open Coastal Commission Violation Case" means a case regarding a structure where, as of April 10, 2014, Coastal Commission staff had:

(i)

Conducted an investigation;

(ii)

On the basis of that investigation, determined that the allegations warranted creation of a violation file; and

(iii)

Created such a file and assigned the matter a violation file number.

— "Open space" means any parcel or area of land that is essentially unimproved, natural open landscape and is, or could be, devoted to open space uses such as the preservation of natural resources, passive outdoor recreation, or for public health and safety.

— "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, limited liability company, corporation, estate, trust, business trust, receiver, syndicate, this and any other county, city and county, municipality, district or other local or regional political subdivision, the state and any of its agencies, and to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions, or any other group or combination acting as a unit.

— "Principal use/principal structure" means the primary use(s) or primary structure(s) on a lot to which other uses and structures are accessory. This term is unrelated to the definition of "principal-permitted use."

— "Principal-permitted use" means the primary use of land that clearly carries out the land use intent and purpose of a particular zone. Where a land use is identified as a principal-permitted use in the LCP, the County's approval of a coastal development permit for that development is not appealable to the Coastal Commission unless it otherwise meets the definition of "Appealable Coastal Development Permit."

— "Private living space" means the total gross structural area (GSA) calculated according to subsection A of Section 22.44.2140 (Development standards within Rural Villages), excluding 400 square feet of garage or carport area per unit.

— "Project" means the whole, and all phases, of a development on one or more parcels and including easements and entitlements to improve and use other properties in connection with the project.

— "Public Works Director" means the Director of the County Department of Public Works.

— "Resource-Dependent Uses" means uses that are dependent on sensitive environmental resource areas (SERA's) to function, Resource-dependent uses include nature observation, research/education, habitat restoration, and passive recreation, including horseback riding, low-impact campgrounds, and hiking trails, but excluding trails for motor vehicles. Residential or commercial uses are not resource-dependent uses.

— "Ridgeline" means the line formed by the meeting of the tops of sloping surfaces of land.

— "Riparian Habitat" means plant communities contiguous to and affected by surface and subsurface hydrologic features of perennial or intermittent water bodies (rivers, streams, lakes, or drainage ways). Riparian areas have one or both of the following characteristics: 1) distinctly different vegetative species than adjacent areas, and 2) species similar to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian areas are usually transitional between wetland and upland.

— "Rural inn" means a facility containing guest rooms or cabins used for short-term rental accommodations, some or all of which have a separate entrance leading directly from the outside of the building, and which do not contain kitchen facilities.

— "Rural villages" means antiquated subdivisions in mountain areas, many of which were created in the 1920s and which often lack basic physical infrastructure meeting current development standards. In the Coastal Zone, these lots are shown on Map 7 of the LUP and are: El Nido, Fernwood, Las Flores Heights, Malibu Bowl, Malibu Highlands, Malibou Lake, Malibu Mar Vista, Malibu Vista, Monte Nido, Old Post Office Tract, Old Topanga, Topanga Oaks, Topanga Woods, Upper Latigo, and Vera Canyon.

— "Scenic Resources" ("Scenic Resource Areas" and "Scenic Areas") mean places on, along, within, or visible from scenic routes, public parklands, public trails, beaches, and State waters that offer scenic vistas of the mountains, canyons, coastline, beaches, and other unique natural features. Scenic resource areas also include the scenic resource areas identified on Map 3 of the LUP and consist of Scenic Elements, Significant Ridgelines, and Scenic Routes. Scenic Resource Areas do not include areas that are largely developed such as existing, predominantly built-out residential subdivisions.

— "Second Unit" means a particular type of accessory dwelling unit authorized by subsection C of Section 22.44.1370 that is either attached to or located on the same lot or parcel of land as an existing single-family residence.

— "Sensitive environmental resource areas (SERAs)" means H1 habitat and H2 habitat, including H2 "High Scrutiny" habitat, as described in Section 22.44.1810.

— "Significant ridgelines" means those ridgelines shown on the "Map 3 Scenic Resources" of the LUP that were designated by the Director based on one or more of the following criteria:

(a)

Topographic complexity: Ridges that have a significant difference in elevation from the valley or canyon floor, and are generally observable from any location on the valley floor, from a community or from a public road.

(b)

Near/far contrast: Ridges that are a part of a scene that includes a prominent landform in the foreground and a major backdrop ridge with an unbroken skyline; this includes a view into a valley from a public road or viewpoint located at a higher altitude such as along the valley rim or pass; often, layers of ridges are visible into the distance; this contrast can be experienced viewing an entire panorama or a portion of a panorama from an elevated point.

(c)

Cultural landmarks: Ridges that frame views of well-known locations, structures, or other places which are considered points of interest in the Coastal Zone.

(d)

Overall integrity of the surrounding and adjacent mountain system.

(e)

Uniqueness and character of a specific location: Peaks and their adjoining ridges; this is represented by ridges that frame rocky outcroppings, or other unique geological features.

(f)

Existing community boundaries and gateways: Ridges and surrounding terrain that provide the first view of predominantly natural, undeveloped land as a traveler emerges from the urban landscape introducing visitors to the visual experiences in the Coastal Zone.

(g)

The ridgeline frames a view of the ocean or large expanse of sky.

(h)

The ridgeline is visible from a Scenic Route.

(i)

The ridgeline is visible from an official public trail.

— "Significant watersheds" means relatively undisturbed watershed areas containing riparian and oak woodlands (or savannas) and recognized as important in contributing to the integrity of these woodlands.

— "Site Design Best Management Practices" are project design features that reduce the creation or severity of potential pollutant sources, or reduce the alteration of the project site's natural stormwater flow regime. Examples are minimizing impervious surfaces, preserving native vegetation, and minimizing grading.

— "Stream" means a topographic feature that at least periodically conveys water through a bed or channel having banks; this includes watercourses having a surface or subsurface flow that support or have supported riparian vegetation.

— "Source Control BMPs" are methods that reduce potential pollutants at their sources and/or avoid entrainment of pollutants in runoff, including schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices. Examples are covering outdoor storage areas, use of efficient irrigation, and minimizing the use of landscaping chemicals.

— "Temporary Event" is an activity or use that constitutes development as defined in this section but which is an activity or function which is or will be of limited duration and involves the placement of non-permanent structures such as bleachers, vendor tents/canopies, portable toilets, stages, film sets, and/or involves exclusive use of sandy beach, parkland, filled tidelands, water, streets, or parking areas in temporary facilities, public or private buildings or open spaces, or outside of buildings which are otherwise open and available for general public use.

— "Tailwater" means excess surface runoff draining from an irrigated field under cultivation.

— "Treatment Control BMPs" are systems designed to remove pollutants from stormwater, by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption, or any other physical, biological, or chemical process. Examples are vegetated swales, detention basins, and storm drain inlet filters.

— "Undersized section" means one that contains less than 640 acres as originally surveyed by the United States Geological Survey.

— "Urban land use category" means a density of more than one dwelling unit per net acre is allowed, as shown on the Land Use Policy Map.

— "Vacant Lot" means a lot or parcel that is not developed with any structures.

— "Watershed" means the entire land area, delineated by ridgelines, which collects precipitation and drains into a receiving body of water or point along a drainage course.

— "Wildlife-permeable fencing" means fencing that can be easily bypassed by all species of wildlife found within the Santa Monica Mountains, including but not limited to deer, coyotes, bobcats, mountain lions, ground rodents, amphibians, reptiles and birds, and shall be subject to the following standards:

A.

Fences shall be split-rail or flat-board with no more than three horizontal rails or boards.

B.

The bottom edge of the bottom horizontal rail or board shall be no lower than 18 inches from the ground.

C.

There shall be a minimum two-foot gap between each rail or board.

D.

Except where a different height is stated, the top edge of the topmost rail or board shall be no higher than 48 inches from the ground.

E.

Fence material shall be of wood or an alternative material that gives the appearance of wood, such as wood composite or recycled material or some other similar material that gives the appearance of wood.

F.

Fence posts shall not be hollow at the top or have holes drilled into them near the top.

G.

Fences shall not be barbed.

H.

The top of the fence shall not contain spikes of any manner.

(Ord. 2022-0062 § 1, 2022; Ord. 2019-0004 § 1, 2019.)

A.

CDP shall be required to authorize that portion of any land division that lies within, in whole or in part, the boundaries of the Coastal Zone. Any CDP for a land division shall include the consideration of the proposed building site (including a building pad if necessary), access road, and the driveway (if necessary) for each proposed parcel (other than a parcel that is dedicated or restricted to open space uses) as well as all grading, whether on-site or off-site, necessary to construct the building site and road/driveway improvements. The County shall only approve a CDP for a land division where substantial evidence demonstrates that the land division meets all of the following requirements:

1.

All existing parcels proposed to be divided as part of a land division must be legal lots.

2.

The land division shall be consistent with all applicable LCP policies.

3.

The density proposed by the land division does not exceed the maximum density allowed for the property by the LIP zoning map and complies with the other policies of the LCP which may further limit the maximum allowable density.

4.

The land division does not create any parcels that are smaller than the average size of surrounding parcels.

5.

The land division clusters building sites, including building pads, if any, to maximize open space and minimize site disturbance, erosion, sedimentation and required fuel modification.

6.

The land division includes a safe, all-weather access road and driveway(s), if necessary, that comply with all applicable policies and provisions of the LCP and all applicable fire safety regulations, and does not locate the access road or driveway on slopes of 15 percent or more; and, does not result in grading on slopes of 15 percent or more.

7.

The land division does not divide an existing lot entirely designated as H1 habitat, H1 habitat buffer, and/or H2 high scrutiny habitat as defined in Section 22.44.1810.

8.

The land division does not create any lot the development of which would require construction of a road and/or driveway in H1 habitat area, in H1 habitat buffer, in H1 Quiet Zone, on a coastal bluff, or on a beach.

9.

The layout of the lots is designed to avoid or minimize impacts to visual resources consistent with all scenic and visual resources policies of the LUP, through measures which include, but are not limited to the following:

a.

Clustering the building sites to minimize site disturbance and maximize open space.

b.

Prohibiting building sites on ridgelines.

c.

Minimizing the length of access roads and driveways.

d.

Using shared driveways to access development on adjacent lots.

e.

Reducing the maximum allowable density in steeply sloping and visually sensitive areas.

f.

Minimizing grading and alteration of natural landforms.

10.

Each lot proposed to be created meets the following minimum standards:

a.

Is dedicated or restricted to open space uses through open space easement, deed restriction, or donation to a public agency for park purposes; or

b.

Contains an approved building site that can be developed consistent with all policies and standards of the LCP, and satisfies all of the following criteria:

i.

Is safe from flooding, erosion, geologic and extreme fire hazards;

ii.

Will not result in grading on slopes over 25 percent;

iii.

Has the legal rights that are necessary to use, improve, and/or construct an all-weather access road to the parcel from an existing, improved public road;

iv.

Is located in an area where adequate public services are or will be available and construction of structures will not have significant effects, either individually or cumulatively, on coastal resources;

v.

Has the appropriate conditions on-site for a properly functioning on-site wastewater treatment system and an adequate water supply for domestic use;

vi.

The feasible building site, and any necessary access road and/or driveway thereto, meets all of the following:

1)

Does not include any H1 habitat area, H1 habitat buffer, H1 habitat Quiet Zone, or H2 high scrutiny habitat;

2)

Would not require vegetation removal or thinning for fuel modification in an H1 habitat area, H1 habitat buffer, or H2 high scrutiny habitat; and

3)

Would not require irrigated fuel modification within an H1 Quiet Zone.

Creation of a new Open Space parcel shall be allowed within any habitat category or buffer, as long as the entire parcel is used exclusively as Open Space in perpetuity and the construction rights over the entire parcel are dedicated to the County;

vii.

Is located where a shoreline protection structure or bluff stabilization structure will not be necessary to protect development on the parcel from wave action, erosion or other hazards at any time during the full 100-year life of any structures;

viii.

If located on the beachfront, has sufficient area to site a dwelling or other principal structure, on-site wastewater treatment system, if necessary, and any other necessary facilities without development on sandy beaches or bluffs;

B.

In addition to the requirements of subsection A, land divisions in H2 habitat (excluding H2 High Scrutiny habitat) shall also demonstrate, based on substantial evidence, compliance with the following:

1.

The proposed parcels are configured and building sites are sited and designed to ensure that future structures will have overlapping fuel modification zones and in no case shall the proposed building sites be located more than 100 feet apart.

2.

The building site on each newly created parcel is located no more than 200 feet from an existing public roadway and is capable of being served by existing power and water service.

3.

The building site on each newly created parcel is located only on slopes of 3:1 or less.

4.

The proposed newly created parcels shall be within 1/4 mile of existing developed parcels.

5.

Land divisions on parcels adjacent to public parklands or parcels restricted as permanent open space are prohibited.

6.

The County can and does make a finding that the land division and associated transfer of development credit required pursuant to subsection G will result in the transfer and concentration of existing development rights to a location that results in the preservation of H2 habitat in a manner that is superior to the pre-land division lot configuration if developed.

7.

Where a lot proposed to be created in H2 Habitat is dedicated or restricted to open space uses (through an open space easement, deed restriction, or donation to a public agency for park purposes), no demonstration of compliance with the building site or access road standards of subsections 1 through 3 is required.

C.

A major CDP shall be required for a tract map, a minor CDP shall be required for a parcel map.

D.

Notwithstanding the requirements of Section 22.44.970(E), all proposed land divisions within the Coastal Zone shall be the subject of at least one public hearing before the Commission, or the Board of Supervisors in the case of a reversion to acreage. All public hearings held to consider a land division within the Coastal Zone shall comply with the notice requirements of Section 22.44.990.

E.

A Final Map is required for all land divisions, including reversions to acreage. A Final Map Waiver is not allowed.

F.

In addition to the other requirements of this Section 22.44.640, all land divisions proposed within the Coastal Zone shall meet the fee requirements, standards, and procedures found in the Subdivision Ordinance, Title 21 of the County Code. If any provisions of this Section 22.44.640 conflict with those of the Subdivision Ordinance, the provisions of the LIP shall take precedence.

G.

Conditions of Approval. Any CDP approved for a land division pursuant to this section shall include, at a minimum, the following conditions of approval:

1.

Future development of each new parcel shall conform to the location, design, and grading volumes of each building site and access road/driveway approved in the land division.

2.

For each new parcel authorized through a land division, the applicant shall retire one existing parcel through the transfer of development credit program, in compliance with the requirements of Section 22.44.1230. For each parcel authorized in H3 habitat, the applicant shall retire one TDC in accordance with Section 22.44.1230 (D). For each parcel authorized in H2 habitat, the applicant shall retire one TDC in accordance with Section 22.44.1230 (E).

(Ord. 2019-0004 § 1, 2019.)

A.

Establishment and purpose. This section establishes the procedures and standards for the reversion to acreage of subdivided real property as provided in California Government Code sections 66499.11 et seq., of the Subdivision Map Act. This section shall apply to tract and parcel maps. A minor CDP shall be required to authorize a reversion to acreage.

B.

Initiation. A reversion to acreage may be initiated by:

1.

The Board of Supervisors on its own motion by resolution; or

2.

A petition by all of the owners of record of the real property intended to be part of reversion within the subdivision.

C.

Contents of petition. When a reversion to acreage is initiated by all of the owners of record of the real property intended to be part of reversion within the subdivision, the petition shall contain, but shall not be limited to, the following:

1.

Evidence of title to the real property within the subdivision.

2.

Evidence that all owners of an interest in the real property within the subdivision have consented to the reversion.

3.

Evidence that none of the improvements required to be made have been made within two years from the date the tract or parcel map was filed for recordation, or within the time allowed by agreement for completion of the improvements, whichever is the later.

4.

Evidence that no lots shown on the tract or parcel map have been sold within five years from the date such map was filed for recordation.

5.

Copies of a tract or parcel map in the form and with the contents prescribed by Section 22.44.640, and which delineates dedications that will not be vacated and dedications that are a condition of reversion.

6.

Fees as required by Title 21.

7.

Such other information as may be required by the Director or Public Works Director.

8.

The Director may waive any of these items if they are not necessary to process the application.

D.

Submittal of petition. When a reversion to acreage is initiated by all of the owners of record of the real property intended to be part of reversion within the subdivision, the following shall apply:

1.

The petition, together with the final or parcel map for reversion, shall be submitted to the Department of Public Works for review and distribution.

2.

After consultation with the Department and upon finding that the petition meets all the requirements of this section, the Department of Public Works shall set the matter for public hearing before the Board of Supervisors in accordance with the provisions of Section 22.44.970. Where a petition for reversion has been submitted pertaining to four or fewer contiguous parcels under the same ownership, the Department of Public Works shall notify the Director who shall set the matter for public hearing before the Hearing Officer in accordance with the provisions of Section 22.44.970.

E.

Eligible lots or parcels. A request for reversion to acreage may apply when fewer than all lots or parcels within a subdivision are reverting, and where other lots or parcels (other than those reverting) within the subdivision may already be developed.

F.

Board of Supervisors or the Hearing Officer's decision.

1.

A public hearing shall be held by the Board of Supervisors or the Hearing Officer on all proposed reversions to acreage.

2.

The Board of Supervisors or the Hearing Officer may approve a reversion to acreage only if it finds:

a.

That dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

b.

Either:

i.

All owners of an interest in the real property within the subdivision which are subject to the reversion petition have consented to the reversion;

ii.

None of the improvements required to be made on the subject property have been made within two years from the date the tract or parcel map was filed for recordation, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

iii.

None of the lots shown on the tract or parcel map which are subject to the reversion petition have been sold within five years from the date such map was filed for recordation.

G.

Dedications. Dedication of land for public streets, highways, trails, ways, or easements may be accepted on a tract or parcel map submitted for the purpose of reverting to acreage land previously subdivided.

H.

Title sheet information. Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "A Reversion to Acreage of . . . (insert a legal description of the land being reverted)."

I.

Contiguous parcels under common ownership may be merged without reverting to acreage by filing a Request for Merger with the Department subject to standards and procedures for obtaining a certificate of compliance, including the fees required for issuance of a certificate of compliance. Following review and approval by the Director, a Notice of Merger and a covenant and agreement to hold property as one parcel shall be filed with the County Recorder for recordation. Any parcels within the Coastal Zone, as defined in section 30103 of the Public Resources Code, that have been merged through this procedure shall not be separated without an approved minor CDP. The merger procedure detailed in this subsection shall not be used to meet the requirement to merge two or more parcels pursuant to Section 22.44.1230 or Section 22.44.2140. The merger of two or more parcels as a means of reversing an illegal subdivision of property shall be accomplished consistent with Section 22.44.680.

(Ord. 2019-0004 § 1, 2019.)

A.

Purpose of section provisions. This section implements the provisions of California Government Code section 66451.10 et seq., (Article 1.5 of Chapter 3 of the Subdivision Map Act) pertaining to mergers of lots and parcels initiated by the Board of Supervisors. A minor CDP shall be required to authorize a merger.

B.

Merger requirements. The County may cause the merger of a lot or parcel to be merged with contiguous lots or parcels held by the same person if any one of the contiguous lots or parcels held by the same person does not conform to standards for minimum lot or parcel size under Title 22 applicable to the lots or parcels, and if all of the following requirements are satisfied:

1.

At least one of the affected lots or parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot or parcel that would be part of the merger.

2.

With respect to any affected lot or parcel, one or more of the following conditions exists:

a.

Comprises less than 5,000 square feet in area at the time of the determination of merger;

b.

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c.

Does not meet current standards for sewage disposal and domestic water supply;

d.

Does not meet current standards for slope stability;

e.

Has no legal access which meets current standards for vehicular and safety equipment access and maneuverability;

f.

Its development would create health or safety hazards; or

g.

Is inconsistent with the applicable general plan, area plan, coastal plan, community plan, and any applicable specific plan, other than minimum lot size or density standards.

3.

The person who owns the affected parcels has been notified of the merger proposal pursuant to subsection D below and is afforded the opportunity for a hearing pursuant to subsection E. For purposes of this section, when determining whether contiguous lots or parcels are held by the same person, ownership shall be determined as of the date that notice of intention to determine status is recorded.

C.

Effective date of merger. A merger of lots or parcels becomes effective when the County causes a notice of merger to be filed for record with the County Recorder. A notice of merger shall specify the names of the record owners and shall particularly describe the real property.

D.

Notice of intent to determine status. Prior to recording a notice of merger, the Director shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the person that the affected lots or parcels may be merged pursuant to standards specified in subsection B, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the County Recorder on the date that the notice of merger is mailed to the property owner.

E.

Request for hearing. At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the Director a request for a hearing on determination of status.

F.

Hearing procedures.

1.

Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to subsection E, the Director shall fix a time, date, and place for a hearing to be conducted by the Hearing Officer, and shall notify the property owner of that time, date, and place for the hearing by certified mail. The hearing shall be conducted not more than 60 days following the local agency's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the Planning Director and the property owner.

2.

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in subsection B. At the conclusion of the hearing, the Hearing Officer shall make a determination that the affected lots or parcels are to be merged or are not to be merged and shall so notify the owner of his or her determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing, as provided for in subsection C.

G.

Determination when no hearing is requested. If, within the 30-day period specified in subsection E, the person owning the property does not file a request for a hearing in accordance with subsection F, the Hearing Officer may, at any time thereafter, make a determination that the affected lots or parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in subsection C no later than 90 days following the mailing of notice required by subsection D.

H.

Determination of non-merger.

1.

A determination of non-merger may be made whether or not the affected property meets the standards for merger specified in subsection B if the Hearing Officer or Commission finds that development of the individual lots or parcels would not be contrary to the public health, safety, or welfare.

2.

If, in accordance with subsections F or G, the Hearing Officer or Commission determines that the subject property shall not be merged, the Director shall cause to be recorded in the manner specified in subsection C a release of the notice of intention to determine status, recorded pursuant to subsection D, and shall mail a clearance letter to the person who is the current owner of record.

I.

Appeals.

1.

A property owner dissatisfied with an action taken by the Hearing Officer may appeal to the Commission. All appeals shall be submitted and acted upon in the manner prescribed by Section 22.44.800 et seq.

2.

Upon filing an appeal the appellant shall pay a processing fee as required in Section 21.56.020 of Title 21.

(Ord. 2019-0004 § 1, 2019.)

A.

If the County issued, after the effective date of the Coastal Act of 1976 but before the certification of the LCP, a certificate of compliance for a parcel of land within the Coastal Zone that was initially defined as a separate lot via a process that did not comply with State law and/or local ordinances in effect at the time of that initial declaration as a separate lot, a minor CDP shall be required, except as noted in subsection E below, to legalize the land division for purposes of the Coastal Act. The determination that the parcel was not created in compliance with State law and/or local ordinances shall be based on substantial evidence, including, but not limited to, the evidence provided pursuant to subsection 0.3 of Section 22.44.840.

B.

Where, after the certification of this LCP, the County considers the approval of a certificate of compliance for a parcel(s) of land that was initially defined as a separate lot via a process that was not in compliance with State law and/or local ordinances in effect at the time of that lot's initial declaration as a separate lot, any such certificate shall be a conditional certificate of compliance and shall include as a condition that a minor CDP is required to legalize the land division for purposes of the Coastal Act. The determination that the parcel was not created in compliance with State law and/or local ordinances shall be based on substantial evidence including, but not limited to, the evidence provided pursuant to subsection 0.3 of Section 22.44.840. In such cases, the County may only approve a minor CDP when substantial evidence demonstrates compliance with the criteria in subsection C.

C.

Criteria. The County may only approve a minor coastal development permit to allow the legalization of a land division subject to subsection A or B above where substantial evidence demonstrates compliance with one of the following:

1.

The land division at issue complies with all policies and standards of the LCP; or

2.

All of the following shall apply:

a.

There is existing residential development on one or more of the parcels of land that were created from the same parent parcel as the parcel(s) in question; and 1) prior to effective date of the Coastal Act, the County approved all required local permits; or 2) after the effective date of the Coastal Act and prior to certification of the LCP, the Coastal Commission approved a coastal development permit, authorizing construction of the existing residential development;

b.

The owner of the parcel of land for which a minor CDP is required pursuant to this section to legalize the land division for purposes of the Coastal Act does not also own one or more of the developed parcel(s); and

c.

The owner of the parcel of land for which a minor CDP is required pursuant to this section to legalize the land division for purposes of the Coastal Act acquired it prior to certification of the LCP and is a good-faith, bona fide purchaser for value.

D.

Conditions of Approval. Any minor CDP approved pursuant to this section shall include the following conditions of approval:

1.

Construction of new development on the parcel in question is prohibited unless it complies with all policies and standards of the LCP, except the minimum parcel size.

2.

For each parcel legalized, the applicant shall retire one transfer of development credit, in compliance with the requirements of Section 22.44.1230. For each parcel authorized in H3 habitat, the applicant shall retire one TDC in accordance with Section 22.44.1230.D. For each parcel authorized in H2 habitat, the applicant shall retire one TDC in accordance with Section 22.44.1230.E.

E.

Exceptions.

1.

Where the parcel(s) of land was created in compliance with State law and local ordinances in effect at the time of its creation and the parcel(s) of land has not subsequently been merged or otherwise altered, the parcel shall not be subject to the provisions of this section. The applicant seeking a certificate of compliance on such a parcel shall demonstrate its creation complied with then-existing State law and local ordinances with substantial evidence, including but not limited to, a complete title history of the parcel sufficient to determine when and how it was created, identification of additional parcels created from the same parent parcel either at the same time, prior to and/or after creation of the parcel, and other grants, land divisions, mergers or transactions that occurred involving the parcel after its initial creation, and mapping or graphic depiction of the various lot configurations reflected in the legal descriptions from the deed or other transactions in the parcel's chain of title. If the information provided demonstrates that the parcel was created in compliance with all applicable laws, a Certificate of Compliance shall be issued consistent with the California Subdivision Map Act.

2.

A parcel created by a land division that was authorized through a valid coastal development permit issued by the Coastal Commission prior to certification of the LCP shall not be subject to the provisions of this section.

(Ord. 2019-0004 § 1, 2019.)

A minor CDP shall be required to authorize a lot line adjustment. Any minor CDP for a lot line adjustment shall include, for each vacant parcel, the consideration of the proposed building site (including a building pad if necessary), access road, and the driveway (if necessary) for each proposed parcel (other than a parcel that is dedicated or restricted to open space uses) as well as all grading, whether on-site or off-site, necessary to construct the building site and road/driveway improvements. The County shall only approve a minor CDP for a lot line adjustment if substantial evidence demonstrates that the lot line adjustment meets the following requirements:

A.

Each parcel that is part of the lot line adjustment is a legal lot except as provided in subsection I.

B.

The proposed lot line adjustment complies with subsections A and B of Section 22.44.640 as well as all of the following:

1.

The lot configuration is arranged to avoid traffic congestion, provide for the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and conforms with good zoning practice.

2.

The lot design, frontage, and access shall be consistent with all applicable provisions contained in this LIP.

3.

Any change in access, lot configuration or orientation of structures, easements or utilities to lot lines will not, in the opinion of the Director, result in any burden on public services or materially affect the property rights of any adjoining owners.

C.

If the existing, legally created parcels that are proposed to be reconfigured do not meet the requirements of subsection B and/or subsections A or B of Section 22.44.640, then the lot line adjustment may only be approved where it is demonstrated that the reconfigured parcels can accommodate development that more closely conforms with the LCP policies and standards than development on the existing parcels.

D.

If H2 habitat area is present on any of the parcels involved in the lot line adjustment, the lot line adjustment may only be approved where it is demonstrated that the reconfigured parcels will not increase the amount of H2 habitat area that would be removed or modified by development on any of the parcels, including any necessary road extensions, driveways, and required fuel modification, from what would have been necessary for development on the existing parcels.

E.

As a result of the lot line adjustment, future development on the reconfigured parcels will not increase the amount of landform alteration (including from any necessary road extensions or driveways) from what would have been necessary for development on the existing parcels, unless the increase in landform alteration is minimal and the lot configuration would substantially reduce impacts to H2 habitat.

F.

As a result of the lot line adjustment, future development on the reconfigured parcels will not have greater adverse visual impacts from a scenic road, public trail or trail easement, or public beach than what would have occurred from development on the existing parcels, unless the increase in visual impacts is minimal and the lot configuration would substantially reduce impacts to H2 habitat.

G.

Minor lot line adjustments between existing lawfully-developed parcels may be authorized provided the adjustment would not adversely impact H1 habitat, H1 habitat buffer, H2 habitat, or scenic resources.

H.

Contiguous parcels under common ownership may be merged by filing a Request for Merger with the Department subject to standards and procedures for obtaining a lot line adjustment, including the required fees.

I.

Notwithstanding the requirements of subsection A, lot line adjustments for the sole purpose of combining two or more parcels may also be authorized as a means of reversing a purported but illegal division of property.

J.

If the adjustment is approved, the Director shall record a certificate of compliance containing the descriptions of the parcels as they will exist after adjustment. If the request is denied, the Director shall report this in writing to the applicant, citing the reasons for denial.

K.

If approved, the lot line adjustment shall be reflected in a deed or record of survey which shall be recorded by the applicant.

(Ord. 2019-0004 § 1, 2019.)

In addition to the enforcement provisions contained in this section, the provisions of Chapter 9 of Division 20 of the California Public Resources Code shall also apply with respect to violations and enforcement.

A.

Applicability. The procedures in this section shall apply as of the date of effective certification of this LCP.

B.

Purpose. This section establishes procedures for enforcement of the provisions of this LIP. These enforcement procedures are intended to assure due process of law in the abatement or correction of nuisances and violations of this LIP.

C.

General prohibitions.

1.

No structure shall be moved into an area, erected, reconstructed, added to, enlarged, advertised on, structurally altered or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this LIP.

2.

No person shall use or permit to be used any structure or land, nor shall any person erect, structurally alter or enlarge any structure, or advertise on any structure, except in accordance with the provisions of this LIP.

3.

No permit or entitlement may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for, or permitted by, this LIP.

D.

Violations.

1.

Every person violating any condition or provision either of this LIP, or of any permit, nonconforming use and structure review, zoning exception case, variance or amendment thereto, is guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction in subsection F below. Each violation is a separate offense for each and every day during any portion of which the violation is committed.

2.

Each violation determined to be an infraction by this LIP shall be punishable by a fine of $100 for the first violation. Subsequent violations of the same provision of this LIP shall be punishable by a fine of $200 for the second violation and $500 for the third violation in a 12-month period as provided by applicable law. The fourth and any further violations of the same provision of this LIP which are committed at any time within a 12-month period from the date of the commission of the first violation shall be deemed misdemeanors, regardless of the dates of conviction of the first three violations. The three infraction violations which are the basis for the fourth and any further violations being misdemeanors may be brought and tried together. The increased penalties set forth in this section for subsequent violations shall be applicable whether said subsequent violations are brought and tried together with the underlying previous violations or separately therefrom.

E.

Public nuisance. Any use of property contrary to the provisions of this LIP shall be, and the same is hereby declared to be unlawful and a public nuisance, and the authorized legal representative of the County may commence actions and proceedings for the abatement thereof, in any manner provided by law or equity, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of this LIP.

F.

Infractions. Violations of the provisions contained in the following list are deemed infractions:

— Automobile, truck or other motor vehicle repair conducted outside of an enclosed building.

— Commercial vehicles weighing more than 6,000 pounds unladen where parked or stored in violation of this LIP.

— Inoperative vehicle parking or storage.

— Keeping or parking of vehicles in violation of this LIP.

— Outside display and/or sales, except when authorized by and in accordance with a temporary use permit.

— Signs prohibited by this LIP.

G.

Injunction. The provisions of this LIP may also be enforced by injunction issued by any court having jurisdiction upon the suit of the owner or occupant of any real property affected by such violation or prospective violation.

H.

Enforcement. The Director, or any representative thereof designated by the Director, is hereby authorized to arrest any person without a warrant whenever the Director, or his representative, has reasonable cause to believe that the person to be arrested has committed a violation of this LIP in his presence.

I.

Cease and desist orders, notice, terms and conditions, time of effectiveness, duration.

1.

If the Director determines that any person has undertaken any activity within the Coastal Zone that: (1) requires a CDP from the County without first having obtained a CDP; or (2) may be inconsistent with any CDP previously issued by the County, the Director may issue an order directing that person to cease and desist.

2.

The cease and desist order shall be issued only if the person has failed to respond in a satisfactory manner to a written notice given by certified mail or hand delivered to the landowner or the person performing the activity. The notice shall include the following:

a.

A description of the activity which meets the criteria of subsection 1;

b.

A statement that the described activity constitutes development which is in violation of this LIP because it is not authorized by a valid CDP;

c.

A statement that the described activity be immediately stopped or the alleged violator may receive a cease and desist order, the violation of which may subject the violator to additional fines; and

d.

The name, address, and phone number of the Department staff member who is to be contacted for further information.

3.

The cease and desist order may be subject to such terms and conditions as the Director may determine are necessary to avoid irreparable injury to any area within the Coastal Zone pending action by the County.

4.

The cease and desist order shall be effective upon its issuance, and copies shall be served immediately by certified mail upon the person or governmental agency subject to the order.

5.

A cease and desist order issued pursuant to this section shall become null and void 90 calendar days after issuance. Consecutive cease and desist orders may be issued.

J.

Cease and desist orders issued after public hearing, terms and conditions, notice of hearing, finality, and effectiveness of order.

1.

If the Commission, after public hearing, determines that any person or governmental agency has undertaken any activity that: (1) requires a CDP from the County without first having obtained the permit; or (2) is inconsistent with any CDP previously issued by the County, the Commission may issue an order directing that person or governmental agency to cease and desist the activity.

2.

The cease and desist order may be subject to such terms and conditions as the Commission may determine are necessary to ensure compliance with this section, including immediate removal of any development or material or the setting of a schedule within which steps shall be taken to obtain a permit pursuant to Section 22.44.800 et seq.

3.

Notice of the public hearing on a proposed cease and desist order shall be given to all persons and agencies whose property or interest might be affected by the proposed cease and desist order and the order shall be final and effective upon the issuance of the order. Copies shall be served immediately by certified mail or in person, upon the person or governmental agency subject to the order and upon other affected persons and agencies who appeared at the hearing or requested a copy. The notice shall include a description of the civil remedy to a cease and desist order, authorized by State Public Resources Code section 30803.

K.

Restoration order; violations. In addition to any other authority to order restoration, the County may, after a public hearing, order restoration of a site if it finds that the development has occurred without a CDP from the County or the Coastal Commission, the development is inconsistent with the certified LCP, and the development is causing continuing damage to resources.

The elements of the term "continuing damage to resources," as such term is used in this subsection K, shall have the following meanings:

— "Resource" means any resource which is afforded protection under the policies of Chapter 3 of the Coastal Act, including but not limited to public access, marine and other aquatic resources, environmentally sensitive wildlife habitat, and the visual quality of coastal areas.

— "Damage" means any degradation or other reduction in quality, abundance, or other quantitative or qualitative characteristic of the resource as compared to the condition the resource was in before it was disturbed by unpermitted development.

— "Continuing," when used to describe "resource damage," means such damage which continues to occur as of the date of issuance of the restoration order.

L.

Commencement of Restoration Order Proceeding Before the Regional Planning Commission.

1.

If the Director determines that the results of an enforcement investigation so warrant, he or she shall commence a restoration order proceeding before the Commission by providing the property owner and any person whom he or she determines to have engaged in development activity as described in subsection K with notice of his or her intent to do so. Such notice of intent shall be given either as a provision of a staff report or by separate written communication delivered either: (1) by certified mail; (2) by regular mail receipt of which is confirmed by subsequent oral communication either in person or by telephone; or (3) by hand, and shall include, at minimum, the information specified in subsections Q.1, 2, and 3 together with an explanation of the basis of the Director's determination that the specified activity meets the criteria of subsection K. The notice of intent shall be accompanied by a 'statement of defense form.' The person(s) to whom such notice is given shall complete and return the statement of defense form to the Director by the date specified therein, which date shall be no earlier than 20 calendar days from transmittal of the notice of intent.

2.

The Director may at his or her discretion extend the time limit for submittal of the statement of defense form imposed by any notice of intent issued pursuant to subsection 1 above upon receipt within the time limit of a written request for such extension and a written demonstration of good cause. The extension shall be valid only to those specific items or matters that the Director identifies to the requesting party as being exempt from the submittal deadline and shall be valid only for such additional time as the Director allows.

M.

Distribution of Notice of Hearings on Proposed Restoration Order. At least 10 calendar days prior to a hearing on a proposed restoration order, the Director shall mail by regular mail a written notice of the date, time, and place of the initial hearing to the property owner and all alleged violators at their last known address and to all members of the public who have requested in writing that they receive such notice, provided that no notice need be mailed to the alleged violator if the alleged violator has already received notice of the hearing in a staff report prepared by the Director.

N.

Contents of a Director's Recommendation on Proposed Restoration Order.

1.

The Director shall prepare a recommendation on a proposed restoration order.

2.

The Director's recommendation shall be in writing and shall include, at minimum:

a.

A copy of any statement of defense form completed and returned to the Director by the alleged violators(s) pursuant to subsection L;

b.

A brief summary of: (a) any background to the alleged violation; (b) the allegations made by staff in its violation investigation; (c) a list of all allegations either admitted or not contested by the alleged violator(s); (d) all defenses and mitigating factors raised by the alleged violators(s); and (e) any rebuttal evidence raised by the staff to matters raised in the alleged violator's assertion of any defense or mitigating factor with references to supporting documents;

c.

A summary and analysis of all unresolved issues; and

d.

The proposed text of any restoration order that the Director recommends that the Commission approve for issuance.

O.

Distribution of Director's Recommendation. The Director's recommendation on a proposed restoration order shall be distributed by regular mail to the property owner, the alleged violator(s), and to all persons who specifically requested it.

P.

Public Hearing on Proposed Restoration Order. A hearing on a proposed restoration order shall be held by the Commission. After conclusion of the hearing, the Commission shall make a determination as to whether a restoration order should be issued by the Director, either in the form recommended by the Director or as amended by the Commission.

Q.

Contents of Restoration Orders. Restoration orders shall be signed by the Director and shall contain, at a minimum, the following:

1.

The names of the property owner and/or the person or persons who have undertaken the activity that is the subject of the order.

2.

Identification of the property where the activity has been undertaken.

3.

A description of the activity.

4.

The effective date of the order.

5.

Any terms, conditions, or other provisions authorized by subsection K. Any term or condition that the Commission may impose which requires removal of any development or material shall be for the purpose of restoring the property affected by the violation to the condition it was in before the violation occurred.

6.

Written findings that (a) explain the decision to issue the order and (b) provide the factual and legal basis for the issuance of the order.

7.

A statement of the obligation of the person(s) subject to the order to conform strictly to its terms and the consequences specified in subsection W below of the failure to do so.

R.

Rescission or Modification of Restoration Orders. The Commission, after public hearing, may rescind or modify a restoration order that the Director has issued. A proceeding for such a purpose may be commenced by (a) any person to whom the restoration order is directed; (b) the Director; or (c) a majority of the Commission. A person described in subsection (a) may commence a proceeding for the purpose of rescinding or modifying a restoration order only where the person demonstrates to the satisfaction of the Director that there has been a material change in the facts upon which the order was issued. Upon receipt of a request pursuant to this section for rescission or modification of a restoration order, a hearing on the request shall be held at the next regularly scheduled meeting of the Commission or as soon thereafter as is practicable after notice to all persons subject to the order or whom the Director otherwise has reason to know would be interested in the matter.

S.

Notice of violation.

1.

Whenever the Director has determined, based on substantial evidence, that real property in the Coastal Zone has been developed in violation of this LIP or any of the provisions of Title 22, the Director may cause a notification of intention to record a notice of violation to be mailed by regular and certified mail to the owner of the real property at issue, describing the real property, identifying the nature of the violation, naming the owners thereof, and stating that if the owner objects to the filing of a notice of violation, an opportunity will be given to the owner to present evidence on the issue of whether a violation has occurred.

2.

The notification specified above shall indicate that the owner is required to respond in writing, within 15 calendar days of the date the notification was mailed, to object to recording the notice of violation. The notification shall also state that if, within 15 calendar days of mailing of the notification, the owner of the real property at issue fails to inform the Director of the owner's objection to recording the notice of violation, the Director shall record the notice of violation in the office of the County Recorder.

3.

If the owner submits a timely objection to the proposed filing of the notice of violation, a public hearing shall be held at the next regularly scheduled Hearing Officer meeting for which adequate public notice can be provided, at which time the owner may present evidence to the Hearing Officer why the notice of violation should not be recorded. The hearing may be postponed for cause for not more than 90 calendar days after the date of the receipt of the objection to recordation of the notice of violation.

4.

If, after the Hearing Officer has completed his or her hearing and the owner has been given the opportunity to present evidence, the Hearing Officer finds that, based on substantial evidence, a violation has occurred, the Director shall record the notice of violation in the office of the County Recorder. If the Hearing Officer finds that no violation has occurred, the Director shall mail a clearance letter to the owner of the real property.

T.

Notice of violation; contents.

1.

The notice of violation shall be contained in a separate document prominently entitled "Notice of Violation of the Coastal Zone Provisions of Title 22 of the County Code." The notice of violation shall contain all of the following information:

a.

The names of the owners of record of the property affected by the notice;

b.

A legal description of the real property affected by the notice;

c.

A statement specifically identifying the nature of the alleged violation and the measures necessary to remediate the alleged violation;

d.

A name and telephone number of the staff member at the Department to contact concerning the alleged violation; and

e.

A County case number relating to the notice.

2.

The notice of violation, when properly recorded and indexed, shall be considered notice of the violation to all successors in interest in that property. This notice is for informational purposes only and is not a defect, lien, or encumbrance on the property.

U.

Notice of violation; clearance. Within 30 calendar days after the final resolution of a violation that is the subject of a recorded notice of violation, the Director shall mail a clearance letter to the owner of the real property and shall record a notice of rescission in the office of each County Recorder in which the notice of violation was filed, indicating that the notice of violation is no longer valid.

V.

Civil liability; violations; amount; factors.

1.

Any person who violates any provision of this LIP may be civilly liable in accordance with this subsection as follows:

a.

Civil liability may be imposed by the Superior Court in accordance with this section on any person who performs or undertakes development that is in violation of this LIP or any of the provisions of Title 22 or that is inconsistent with any CDP previously issued by the County, and on the owner of any lot or parcel of land on which such development has occurred, in an amount that shall not exceed thirty thousand dollars ($30,000) and shall not be less than five hundred dollars ($500); and

b.

Civil liability may be imposed for any violation of this LIP or any of the provisions of Title 22 other than that specified in subsection a above in an amount that shall not exceed $30,000.

2.

Any person who performs or undertakes development that is in violation of this LIP or that is inconsistent with any CDP previously issued by the County, when the person intentionally and knowingly performs or undertakes the development in violation of this section or inconsistent with any CDP previously issued by the County, may, in addition to any other penalties, be civilly liable in accordance with this subsection. Civil liability may be imposed by the Superior Court in accordance with this article for a violation as specified in this subsection in an amount which shall not be less than $1,000, nor more than $15,000, per day for each day in which the violation persists.

3.

In determining the amount of civil liability, the following factors shall be considered:

a.

The nature, circumstance, extent, and gravity of the violation;

b.

Whether the violation is susceptible to restoration or other remedial measures;

c.

The sensitivity of the resource affected by the violation;

d.

The cost to the County of bringing the action; and

e.

With respect to the violator, any voluntary restoration or remedial measures undertaken, any prior history of violations, the degree of culpability, economic profits, if any, resulting from, or expected to result as a consequence of, the violation, and such other matters as justice may require.

W.

Exemplary damages. Where a person has intentionally and knowingly violated any provision of this LIP or any of the provisions of Title 22 or any order issued pursuant to this LIP or any of the provisions of Title 22, the County may maintain an action for exemplary damages and may recover an award, the size of which is left to the discretion of the court. In exercising its discretion, the court shall consider the amount of liability necessary to deter further violations.

X.

Zoning enforcement order and noncompliance fee. ^[2]

1.

Final Zoning Enforcement Order.

a.

In the course of enforcing any provision of this LIP, the Director shall have the authority to issue a final zoning enforcement order concerning any property not in compliance with the provisions of this LIP. Such order shall state, in not less than 14 point type in substantially the following form, that "Failure of the owner or person in charge of the premises to comply with this order within 15 days after the compliance date specified herein, or any written extension thereof, shall subject the violator to a noncompliance fee in the amount of $704, unless an appeal from this order is filed within 15 days after the compliance date. Such appeal must comply with Section 22.44.1040 of this LIP. The Director's issuance of a final zoning enforcement order shall be final unless an appeal from the order has been filed as provided in this section; and

b.

Service of a final zoning enforcement order shall be upon: (a) the person in real or apparent charge and control of the premises involved; (b) the record owner; (c) the owner or holder of any lease of record; or (d) the record owner of any interest in or to the land or any building or structure located thereon. Service shall be by personal delivery or by registered or certified mail, return receipt requested, at the Director's election. In the event the Director, after reasonable effort, is unable to serve the order as specified above, proper service shall be by posting a copy of the order on the premises. The date of service is deemed to be the date of mailing, personal delivery or posting, as applicable.

2.

Noncompliance Fee.

a.

If a final zoning enforcement order has not been complied with within 15 days following the compliance date specified in the order, or any written extension thereof, and no appeal of such order has been timely filed as provided in this section, the Director shall have the authority to impose and collect a noncompliance fee in the amount of $704;

b.

The purpose of the noncompliance fee is to recover costs of zoning enforcement inspections and other efforts by the Director to secure substantial compliance with a zoning enforcement order. Not more than one such fee shall be collected for failure to comply with a zoning enforcement order. The noncompliance fee shall be in addition to any other fees required by the County Code; and

c.

The determination of the Director to impose and collect a zoning noncompliance fee shall be final, and it shall not be subject to further administrative appeal.

3.

Appeal of Final Zoning Enforcement Order.

a.

Any person upon whom a final zoning enforcement order has been served may appeal the order to the Hearing Officer within the time specified in subsection 1.a of this section. Such appeal shall contain any written evidence that the appellant wishes to be considered in connection with the appeal. If applicable, the appeal shall state that said person has applied for the appropriate permit or other administrative approval pursuant to this title; and

b.

The Hearing Officer shall consider such appeal within 45 days from the date that the appeal is filed and shall notify the appellant of the decision within a reasonable period of time thereafter in the manner described in this section for service of a final zoning enforcement order. The Hearing Officer may sustain, rescind or modify the final zoning enforcement order. The decision of the Hearing Officer shall be final and effective on the date of decision, and it shall not be subject to further administrative appeal.

4.

Imposition and Collection of the Noncompliance Fee.

a.

The Director shall notify the person against whom a noncompliance fee is imposed in the manner described in this section for service of a final zoning enforcement order. The Director may waive the imposition and collection of a noncompliance fee where the Director determines such waiver to be in the public interest; and

b.

The person against whom the noncompliance fee is imposed shall remit the fee to the Director within 15 days after the date of service of said notice.

5.

Penalty After Second Notice of Noncompliance Fee. If the person against whom a noncompliance fee has been imposed fails to pay such fee within 15 days of notification as provided above, the Director may send a second notice of noncompliance fee in the manner described in subsection X.1.b. for service of a final zoning enforcement order. If the fee has not been paid within 15 days after the date of service of the second notice of noncompliance fee, the County shall withhold the issuance of a building permit or other approval to such person until the noncompliance fee has been paid in full. An administrative penalty assessment equal to two times the noncompliance fee and a collection fee equal to 50 percent of the noncompliance fee shall also be imposed if the fee is not paid within 15 days after the date of service of the second notice. The administrative penalty assessment and collection fee, after notice, shall become part of the debt immediately due and owing to the County. The County thereafter shall have the right to institute legal action in any court of competent jurisdiction to collect the amount of the noncompliance fee, administrative penalty assessment and collection fee. In any suit brought by the County to enforce and collect the noncompliance fee, administrative penalty assessment and collection fee, in which the County prevails, the County shall be entitled to collect all costs and fees incurred in such proceedings.

Editor's note— Fee changes in this section include changes made by the Director of Planning due to increases in the Consumer Price Index and became effective March 1, 2013.

Y.

Enforcement and Special Compliance Program for Existing Confined Horse Facilities.

1.

Purpose. This subsection Y is intended to provide a special incentive to encourage people to bring existing confined horse facilities that were constructed without the requisite CDP into compliance with all of the LCP policies and regulations as soon as possible, and to increase the likelihood that such facilities will incorporate current water quality and other environmental protections standards at the soonest practicable date.

2.

Special Compliance Program Benefits and Term.

a.

For a period of two years beginning as of the date of effective certification of this LCP, no new enforcement action shall be commenced, nor shall any existing enforcement action be further carried out except as noted in subsection c, against any existing confined horse facility that meets all of the eligibility requirements set forth in paragraph 4 of this subsection Y.

b.

For an eligible facility to remain immune from enforcement beyond that two year period, the Special Compliance Program established by this subsection Y requires that a CDP application be submitted within the two-year period, to bring the facility into compliance with the substantive provisions of the LCP to the extent possible consistent with the terms set forth in paragraph 5 below, and that the applicant then continues through the permitting and permit compliance process consistent with the schedule listed in subsections 7 or 8 of this subsection Y, as applicable.

c.

For confined horse facilities that are the subject of an Open Coastal Commission Violation Case, as defined in Section 22.44.630, and that are eligible to participate in the Special Compliance Program as set forth in subsection (4) below, no existing enforcement action shall be further carried out for a period of one year beginning as of the date of effective certification of this LCP. For such an eligible facility to remain immune from enforcement beyond that one-year period, a complete CDP application must be submitted within the one-year period and the applicant must continue through the permitting and permit compliance process consistent with the schedule listed in subsections 5 and either 7 or 8, as applicable, of this subsection Y.

d.

Any facilities that do not meet all of the eligibility requirements in paragraph 4 remain subject to new and/or ongoing enforcement, and anyone subjected to such enforcement who believes the subject facility is eligible for this Special Compliance Program has the burden to demonstrate such eligibility.

3.

Program Outreach. During the periods set forth in subsection 2, above, the Director shall engage in a cooperative outreach and educational program designed to inform owners and operators of qualifying confined horse facilities (as defined in paragraph 4) about the availability of the Special Compliance Program set forth below and to encourage all horse owners and confined horse facility operators to voluntarily adopt modern best management practices. The outreach shall be accomplished by working collaboratively with local homeowners' organizations; equestrian organizations, which shall include but not be limited to ETI Corral 36 and Recreation and Equestrian Coalition; County agencies; equestrian services providers; and environmental organizations.

Within 60 days beginning as of the date of effective certification of this LCP, the Executive Director of the Coastal Commission shall send written notice to property owners, that are the subject of an Open Coastal Violation Case, involving a confined horse facility, that they may be eligible to participate in the Special Compliance Program.

4.

Special Compliance Program Eligibility. The Special Compliance Program set forth in paragraphs 5 et seq. of this subsection Y shall be available only to existing confined horse facilities, or those portions of existing confined horse facilities, that meet all of the following requirements. The Special Compliance Program only applies to individual structures, and any grading and vegetation removal that was necessary to install such structures, but not to any other structural development that may be unpermitted on the site, for which all of the following are true:

a.

The structure is located on a parcel of land greater than 15,000 square feet in size and located in a zone designation that allows such facilities, and both of those factors were true when the structure was built;

b.

The structure was constructed prior to January 1, 2001 and after the effective date of the Coastal Act (January 1, 1977), and documentation is provided to substantiate that fact;

c.

The structure was constructed without a valid CDP;

d.

The structure is not subject to a Coastal Commission granted CDP that authorized the structure after-the-fact, or required removal, re-design, or re-siting of the facility. This includes Coastal Commission granted CDPs where the horse facility was authorized as part of a larger development that included other structures or development on the property;

e.

The structure is not in violation of the terms of a CDP issued by the Coastal Commission or a deed restriction or easement required by a CDP issued prior to certification of the LCP; and

f.

The structure is not the subject of an Open Coastal Commission Violation Case that has been elevated to the Coastal Commission Headquarters Enforcement Unit for enforcement proceedings, as may be determined by the Executive Director.

5.

Application Submittal Requirements. In order for an existing structure that is eligible for this Special Compliance Program and not the subject of an Open Coastal Commission Violation Case to remain immune from enforcement beyond the initial two-year window, an application for a minor CDP to bring the structure into compliance with the substantive provisions of the LCP to the extent possible must be filed, with all materials necessary for the County to determine the application is complete, within the two-year period beginning as of the date of effective certification of this LCP. The Director may grant an additional 12 months to provide the materials necessary to complete an application for good cause, such as to accommodate required seasonal biological surveys. If an application is filed as complete by the deadlines established in this paragraph, the eligible structure remains immune from enforcement until the permit is issued as long as the applicant continues to proceed through the permitting process consistent with the schedule listed in subsections 7 or 8 of this subsection Y, as applicable, in good faith, including by not withdrawing the application or otherwise impeding in any way the permitting agency's action on the application.

Confined horse facilities that are the subject of an Open Coastal Commission Violation Case must submit a complete permit application within a 12-month period beginning as of the date of effective certification of this LCP to remain immune from enforcement beyond that initial one-year period. The Executive Director may extend this time for a period of up to 180 days for good cause.

In addition to the application submittal requirements of Section 22.44.840 and Section 22.44.1870, the following minimum additional information requirements shall be provided as part of a minor CDP application that is submitted pursuant to this section:

a.

Evidence of Special Compliance Program eligibility pursuant to paragraph 4 above.

b.

Detailed site plan of the existing confined horse facility, with a description of any changes made since 2001, and any associated as-built BMPs, drawn to scale with dimensions shown, showing existing topography and other physical site features, including but not limited to, existing vegetation and trees (including canopy/root zone), streams, drainages, wetlands, riparian canopy, access roads, and trails.

c.

A detailed analysis of all feasible confined horse facility siting, sizing, and design alternatives that would bring the facility into compliance with all resource protection policies and provisions of the LCP.

d.

Assessment and quantification of the native habitats and native trees likely to have occurred on the site prior to establishment of the confined horse facility based on historical records and habitat found in surrounding undisturbed areas. This shall be a component of the Biological Assessment report that is required pursuant to Section 22.44.1870.

e.

Any additional information that the Director deems necessary to process the application.

The CDP application shall not be deemed complete until the Director has determined that all of the permit application requirements have been submitted and are adequate for staff review and analysis. If the facility that is the subject of a CDP application does not meet the Special Compliance Program eligibility requirements of paragraph 4 above, the application may not be processed pursuant to this section.

6.

Review of Application. After a complete CDP application has been submitted to the satisfaction of the Director, the application materials shall be reviewed by the County to analyze the existing confined horse facility's conformance with the policies and provisions of the LCP, and to determine whether it is feasible for the facility to be brought into full conformity with the policies and provisions of the LCP. For purposes of determining feasibility pursuant to this subsection Y, economic factors shall not be taken into account.

7.

Compliance Process—Full Conformity (Legal Conforming).

a.

If the County determines, based on substantial evidence, that it is feasible for the eligible structure to be brought into full conformance with the substantive policies and provisions of the LCP, a CDP may be approved to authorize the eligible structure, but only if conditioned to require preparation and implementation of final plans and measures necessary to ensure full conformity with the LCP;

b.

Within 60 days of approval of the CDP, the applicant shall be required to comply with all CDP conditions that must be satisfied prior to issuance of the permit. This time may be extended an additional 60 days by the Director for good cause;

c.

Except as indicated in the next paragraph, within two years of the issuance of the CDP, the permittee shall be required to implement all conditions of the CDP to the satisfaction of the permitting entity. This time limit may be extended one time for up to an additional 180 days by the Director or, if the permit was granted by the Coastal Commission on appeal, by the Executive Director, for good cause, provided the extension application is submitted prior to the expiration of the initial two-year time period. Once the conditions are all satisfied, the eligible confined horse facility structures will assume legal conforming status;

Confined horse facilities that are the subject of an Open Coastal Commission Violation Case shall be required to implement all conditions of the CDP to the satisfaction of the permitting entity within a one-year period from the date of issuance of the CDP. The Director, in consultation with the Executive Director, may extend this time for 180 days for good cause, provided the extension application is submitted prior to the expiration of the initial one-year time period.

d.

The CDP shall include a condition indicating that the permit will expire at the end of the two years (or the two years and 180 days pursuant to subsection c or the one year or one year and 180 days for any property with an Open Coastal Commission Violation Case) if all of the conditions are not satisfied. Thus, if the permittee fails to comply with all conditions of the CDP within the time period allotted, the permit no longer exists, and the facility shall be considered unpermitted development and subject to enforcement as if the permit never existed; and

e.

After the County confirms that the permittee has satisfied the terms of the CDP and brought the facility into compliance with the LCP, the facility shall be extended legal, conforming status.

8.

Compliance Process—Phased Conformity (Legal Non-conforming).

a.

If the County determines, based on substantial evidence, that parcel size or on-site resources/constraints make it infeasible to re-site, re-size, and/or re-design the eligible structure in a manner that is in full conformity with the policies and provisions of the LCP, a CDP may be approved to authorize the eligible structure, but only if conditioned to require preparation and implementation of final plans and measures necessary to ensure the permittee complies with the following minimum requirements:

i.

The facility shall be set back to the maximum extent feasible from any stream, drainage, riparian, or wetland habitat and in no case less than 25 feet from the top of the bank of any stream, drainage, or wetland;

ii.

The facility shall be located on slopes of 3:1 or less steep;

iii.

The confined horse facility shall implement and properly maintain all of the best management practices required by Section 22.44.1450. All BMPs installed shall be properly maintained, and an annual monitoring report (beginning one year from permit issuance) shall be submitted to the Department of Regional Planning or, if the permit was granted by the Commission on appeal, to the Executive Director. This report shall contain information sufficient to demonstrate, on the basis of substantial evidence, that the approved BMPs have been properly installed and maintained. Any failures of installed BMPs, as evidenced in the annual monitoring report, or as observed by staff of the permitting entity, shall be promptly repaired to comply with the requirements of the permit;

iv.

The facility shall provide protective fencing 10 feet from the trunk of all native trees located within the facility to protect the trees from rubbing, chewing, soil compaction, or other direct impacts;

v.

Any portion(s) of the facility that must be removed to satisfy the minimum standards above shall be removed and the disturbed areas restored using native vegetation that is consistent with the surrounding native habitats, pursuant to an approved restoration plan consistent with subsection L of Section 22.44.1920; and

vi.

The facility shall comply, to the maximum extent feasible, with all other provisions of the LCP;

vii.

The CDP application shall include a detailed habitat mitigation plan for temporary impacts to H1 habitats consistent with subsection 8(g) below.

viii.

The permit shall also require that a deed restriction be recorded against the property to inform prospective purchasers and future property owners of these requirements. The permit shall require that the owner execute and record against the parcel governed by the permit a deed restriction, in a form and content acceptable to the permitting entity, free of prior encumbrances other than tax liens, indicating that, pursuant to this permit, the facility has been tentatively and temporarily authorized, subject to the terms and conditions that restrict the use and enjoyment of the property, and subject to the provisions in subsections (c) through (e) below. The deed restriction shall include a legal description of the subject facility and the entire parcel or parcels governed by the permit.

b.

Within 60 days of approval of the CDP, the applicant shall be required to comply with all CDP conditions that must be satisfied prior to issuance of the permit. This time may be extended an additional 60 days by the Planning Director for good cause.

c.

Except as indicated in the next paragraph, all of the above requirements and conditions of the permit, including, but not limited to, re-siting, re-design, or re-location of any facilities (or portion of any facilities), shall be fully accomplished within two years of the approval of the permit, except that all required BMPs shall be implemented within one year of issuance of the CDP. The Director or, if the permit was granted by the Coastal Commission on appeal, the Executive Director may extend this time period by an additional 180 days (one time) for good cause provided the extension application is submitted prior to the expiration of the initial time period. Once the conditions are all satisfied within the allotted timeframe, the eligible confined horse facility structures will assume legal non-conforming status, for the period indicated in subsection d, for the sole purpose of confining horses and may not be used to house livestock. If the permittee fails to comply with all conditions of the CDP within the time period allotted, the permit no longer exists, and the facility shall be considered unpermitted development and subject to enforcement as if the permit never existed.

Confined horse facilities that are the subject of an Open Coastal Commission Violation Case shall be required to implement all conditions of the approved CDP including, but not limited to, re-siting, re-design, or re-location of any facilities (or portion of any facilities), to the satisfaction of the permitting entity within a one-year period from the date of issuance of the CDP. The Director of Planning, in consultation with the Executive Director, may extend this time for a period of up to 180 days for good cause, provided the extension application is submitted prior to the expiration of the initial one-year time period. Once the conditions are all satisfied within the allotted timeframe, the eligible confined horse facility structures will assume legal non-conforming status, for the period indicated in subsection e, for the sole purpose of confining horses and may not be used to house livestock. If the permittee fails to comply with all conditions of the CDP within the time period allotted, the CDP no longer exists, and the facility shall be considered unpermitted development and subject to enforcement as if the permit never existed.

d.

The permit will include a condition indicating that the permit will expire at the end of the above timeframe if all of the conditions are not satisfied. Thus, if the facility is not brought into conformance with the requirements of the permit within the above timeframe, the permit no longer exists, and the eligible structures shall be considered unpermitted development and subject to enforcement as if the permit never existed.

e.

The eligible structures shall be considered legal, non-conforming upon full compliance with the terms of the CDP issued for the facility and this section for a period of eight years from the date of effective certification of this LCP. The approved legal, non-conforming facility may not be enlarged or expanded, and may not be re-established after removal or abandonment. The permittee may apply to the permitting entity for an extension of the eight-year period for up to an additional eight years, provided the application is submitted prior to the expiration of the first eight-year period. The permitting entity may deny such extension in its discretion, based on on-going inconsistencies with the provisions of this section, or may approve such an extension for good cause, provided that all conditions of the CDP have been satisfied continuously since approval, that all required findings above can still be made, and that all required restoration and habitat mitigation has been completed. Prior to the expiration of any revised deadline, the permittee may apply for one final extension of a period not to exceed eight years that would bring the total to 24 years from the date of effective certification of this LCP. In no event may a facility authorized under this subsection Y.8 be allowed to remain for more than 24 years from the date of effective certification of this LCP. Prior to any extension as described in this subsection, the permitting entity will re-evaluate the facility's BMPs and may require improved BMPs if necessary.

f.

The approved legal, non-conforming facility shall be removed and the disturbed areas restored using native vegetation that is consistent with the surrounding native habitats, pursuant to an approved restoration plan consistent with subsection L of Section 22.44.1920, no later than the expiration of the approved permit term and any extensions thereof pursuant to subsection (e) above, or for properties sold during the life of a permit pursuant to this section, the close of escrow upon sale or transfer of the property to a bona fide purchaser for value, whichever occurs sooner. The purchaser may apply for a permit pursuant to this section to retain the horse facility for a term not to exceed the remaining term of the facility's prior CDP plus eight additional years. In no case shall the cumulative term of the CDP extend beyond 16 years from the date of effective certification of this LCP and shall expire after the remaining term of the original CDP and eight additional years have passed or after 16 years from the date of effective certification of this LCP, whichever is sooner. Such permits may not be extended beyond that term.

g.

Temporary impacts to H-1 habitat(s) resulting from the provisional retention of a confined horse facility authorized pursuant to this subsection Y.8 shall be mitigated through the enhancement/restoration of an equivalent habitat either on-site or off-site, in the vicinity of the subject property, at a mitigation ration of 1:1 pursuant to detailed habitat enhancement/restoration plan submitted as a filing requirement for the CDP application. The habitat enhancement/restoration plan shall be reviewed and approved by the County Biologist and required as a condition of the CDP. The approved plan shall be implemented no later than the expiration of the first approved eight-year permit term.

9.

Monitoring. For each permit issued pursuant to the Special Compliance Program, the County shall track and monitor the facility's conformance with the conditions of the permit, including maintenance of required BMPs, on an annual basis. One year from the date of effective certification of this LCP, the Director shall provide a CDP condition compliance monitoring report to the Executive Director for confined horse facilities authorized under this program that are the subject of an Open Coastal Commission Violation Case. If an applicant/property owner that is the subject of an Open Coastal Commission Violation case is not in full compliance with the required terms and conditions of the County-issued CDP, the CDP no longer exists, and the facility shall be considered unpermitted development and subject to enforcement as if the permit never existed.

10.

Nothing in this subsection Y shall be construed to:

a.

Prevent or discourage the County from granting a CDP pursuant to any other provisions of the LCP, nor shall it be construed to diminish a property owner's rights otherwise provided for in this LCP, including a property owner's rights to due process, notices, correction periods, and opportunities to contest staff determinations.

b.

Limit the ability of a property owner to apply for a CDP for a confined horse facility under any other provision of this LCP.

Z.

When a cease and desist order, notice of violation, or CDP revocation has been issued or recorded for a property by the County or by the Coastal Commission, the Director may set the matter for a public hearing before the Commission to consider a five-year ban on filing any new application, or acting upon any application for the subject property. In such case, all procedures relative to notification, public hearing, and appeal shall be the same as for a CDP. Following a public hearing, the Commission may place up to a five-year ban on filing any applications, but may exempt emergency permits and/or permits deemed by the Director as necessary, for the subject property to address a violation, cease and desist order, or permit revocation on the property. The five-year period shall commence from the date of the hearing. The Director shall record such five-year ban in the office of the County Recorder. The Commission's action on a ban does not limit the Commission or Coastal Commission from taking enforcement action due to a LCP or Coastal Act violation(s) at the property subject to the ban.

(Ord. 2019-0004 § 1, 2019.)

Amendments to the certified local coastal program, including land use designation/zone changes and text amendments, may be initiated to change land use designations and/or zones, to alter the boundaries of land use categories and zones, to impose policies or regulations not previously imposed, to remove or modify any policy or regulation already imposed, or to add, update or modify any of the LUP maps whenever the Board of Supervisors finds that the public convenience, the general welfare, good planning practice, and consistency with the Coastal Act justifies such action. All such LCP amendments shall be made pursuant to the provisions of this section.

A.

Initiation of LCP Amendments. Hearings of LCP amendments may be initiated:

1.

If the Board of Supervisors instructs the Commission or the Director to set the matter for a hearing, report and recommendation; or

2.

Upon the initiative of the Commission; or

3.

Upon the filing of a petition by a landowner, as provided in subsections B through E.

B.

Filing the Petition for LCP Amendment. Any person owning or having such other interest in property where an amendment to the certified LCP is sought may file a petition for an LCP amendment with the Director, except that a person may not file, and the Director shall not accept, a petition which is the same as, or substantially the same as, a petition upon which final action has been taken either by the Commission or by the Board of Supervisors within one year prior thereto.

C.

Contents of the Petition for LCP Amendment.

1.

A petition for an LCP amendment shall contain the following information and such other information as requested by the Director. The Director may reject any petition that does not supply the information requested herein:

a.

The information required pursuant to Section 22.44.840;

b.

A detailed description of the LCP change proposed, including, but not limited to, changes to LUP policy language or LUP maps, changes to LIP provisions or standards, or in the case of a proposed zone change, the existing zone and the new zone requested;

c.

All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data related to the LCP amendment in sufficient detail to allow review for conformity with the applicable standard of review (the policies of the Coastal Act are the standard for LUP amendments, and the policies of the certified LUP are the standard for LIP amendments);

d.

Indicate the conditions which warrant the LCP amendment;

e.

If the LCP amendment (land use designation/zone change) as requested will permit any uses prohibited by the existing land use designation or zoning;

f.

If such change will result in a need for a greater water supply for adequate fire protection and identification of the existing and/or proposed sources of such an adequate water supply;

g.

A discussion of the amendment's relationship to and effect on the other sections of the certified LCP;

h.

If the LCP amendment includes only a proposed change(s) to the Land Use Plan, an indication of the zoning measures or implementations that will be used to carry out the amendment; and

i.

Such other information as the Director may require.

2.

The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant.

D.

LCP Amendment Burden of Proof. In addition to the information required in the petition by subsection C, the applicant shall substantiate to the satisfaction of the Commission the following facts:

1.

That any proposed change to the LUP policies or maps is consistent with all applicable policies of the Coastal Act.

2.

That any proposed change to the LIP provisions or the LIP zoning map is consistent with the policies of the certified LUP.

3.

That modified conditions warrant a revision in the LCP as it pertains to the area or district under consideration.

4.

That a need for any proposed land use designation or zone exists within such area or district.

5.

That the particular property under consideration is a proper location for said land use designation or zone within such area or district.

6.

That placement of the proposed land use designation and/or zone at such location will be in the interest of public health, safety, and general welfare, and in conformity with good planning practice.

E.

LCP Amendment Petition Fee. Each petition for an amendment to the LCP shall be accompanied by the filing fee required by Section 22.44.870.

F.

Additional Area Included in LCP Amendment. Where a petition is filed requesting a change of land use designation and/or zone, the Director or the Commission may elect to include additional property within the boundaries of the area to be studied when, in his/its opinion, good planning practice justifies such action.

G.

Public Hearing by Commission. In all cases where an LCP amendment is initiated, the Commission shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure provided by Section 22.44.970.

H.

Public Participation and Agency Coordination. Notice of the availability of review drafts of the proposed LCP amendment materials and transmittal of said documents pursuant to the noticing of this subsection and Section 22.44.970 shall be made as soon as such drafts are available, but at a minimum at least six (6) weeks prior to any final action on the documents by the Board of Supervisors. Review drafts shall also be made readily available for public perusal in local libraries, in the County administrative offices, and the Coastal Commission District office.

1.

At a minimum, all notices for public review sessions, availability of review drafts, studies, or other relevant documents or actions pertaining to the proposed amendment of the LCP shall be mailed 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.

Regional, State, and federal agencies that may have an interest in or be affected by the LCP amendment;

e.

Local libraries and media; and

f.

The Coastal Commission.

Any reference in this section to "interested parties" or "public agency" shall include the aforementioned person or groups.

2.

Proposed LCP amendments documents including review of drafts shall be made available at no cost to relevant State agencies and to other interested persons and agencies upon request.

I.

Principles for Consideration of an LCP Amendment.

1.

In making its recommendation relative to a proposed LCP amendment, the Commission shall consider the following principles and standards:

a.

That any proposed change to the LUP policies or maps shall be consistent with all applicable policies of the Coastal Act;

b.

That any proposed change to the LIP provisions or the LIP zoning map shall be consistent with and adequate to carry out the policies of the certified LUP;

c.

That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and

d.

That a need for the proposed land use designation or zone exists within such area or district; and

e.

That the particular property under consideration is a proper location for said land use designation or zone within such area or district; and

f.

That placement of the proposed land use designation and/or zone at such location will be in the interest of public health, safety, and general welfare, and in conformity with good planning practice.

2.

The Commission shall recommend approval or denial where the information submitted by the applicant and/or presented at public hearings substantiates or fails to substantiate such findings to the satisfaction of the Commission.

J.

Water Supply Standards. In addition to the principles and standards enumerated in subsection I, the Commission, in determining its recommendation for an LCP amendment that includes a change of zone, shall consider whether or not the change of zone under consideration, if adopted, will result in a need for a greater water supply for adequate fire protection and, if so, what are the existing and proposed sources of such an adequate water supply. The Commission may request that the Forester and Fire Warden or County Engineer, or both, provide it with all facts, opinions, suggestions, and advice which may be material to reaching a decision on any or all matters mentioned in this section.

K.

Commission Resolution Requirements. A recommendation by the Commission relative to an LCP amendment shall lie by resolution carried by the affirmative vote or not less than three of its members. Such recommendation is final and conclusive and may not be reconsidered by the Commission except upon a referral by the Board of Supervisors.

L.

Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by subsection G of Section 22.44.970.

M.

Public Hearing by the Board of Supervisors (Board). After receipt of the Commission's recommendation, the Board shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 22.44.970; provided, however, that if the Commission has recommended against the approval of an LCP amendment other than a zone change, the Board shall not be required to take further action. In case of an LCP amendment that is a change of zone where the Commission has recommended denial, the action of the Commission shall become final unless an interested party requests a hearing by the Board by filing a written request with the Executive Officer-Clerk of the Board within five days after the Commission files its recommendations with the Board.

N.

Action by the Board of Supervisors.

1.

The Board may approve, modify, or disapprove the recommendation of the Commission involving an LCP amendment, provided that any modification of the proposed LCP amendment by the Board not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within 40 days after the reference, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed modification.

2.

The Board shall take either or both of the following actions on the LCP amendment, as applicable:

a.

For amendments to the Land Use Plan, including the LUP maps, by resolution, approve, modify, or deny the proposed amendment.

b.

For amendments to the Local Implementation Program or Zoning Map, by adopting an ordinance approving or modifying the amendment or denying the LCP amendment proposal by adopting a resolution of denial.

O.

Notice of Action by the Board of Supervisors. The Board shall serve a notice of its action in the manner prescribed by subsection G of Section 22.44.970.

P.

Effective Certification. An amendment to the certified LCP shall not become effective after Board approval until the amendment is submitted pursuant to the requirements of section 13551 et seq., of the California Code of Regulations and is effectively certified by the Coastal Commission pursuant to Chapter 6, Article 2, of the California Coastal Act.

(Ord. 2019-0004 § 1, 2019.)

The CDP is established to ensure that any development, public or private, within the Coastal Zone conforms to the policies, provisions, and programs of the LCP in accordance with Division 20 of the California Public Resources Code.

(Ord. 2019-0004 § 1, 2019.)

A.

In addition to obtaining any other permits required by law, any person, as defined in Public Resources Code section 21066, wishing to perform or undertake any development in the Coastal Zone, other than a power facility subject to the provisions of California Public Resources Code section 25500, shall first obtain a CDP from the County, except as indicated in the remainder of this subsection A, in subsection C, and in Section 22.44.820. If the development is one specified in California Public Resources Code section 30519(b), a CDP shall be obtained from the Coastal Commission, rather than from the County. The applicant must also obtain a permit from the Coastal Commission if a County action on a CDP application is appealed to the Coastal Commission, and the Coastal Commission finds the appeal to raise a substantial issue(s).

B.

An initial determination on whether a development is exempt or has been categorically excluded from the CDP requirements shall be made by the Director at the time an application is submitted for development within the Coastal Zone. Any dispute arising from the Director's determination shall be resolved pursuant to the procedure described in Section 22.44.930.

C.

A person undertaking development included in a public works plan or long range development plan certified by the Coastal Commission is not required to obtain a CDP from the County for the same development. Other County permits may be required, though, and the person must follow the Coastal Act process of providing a notice of impending development to the Coastal Commission before commencing the development.

D.

Notwithstanding the above, limited types of development to restore coastal resources may also be authorized through enforcement actions, as provided in Section 22.44.690.

E.

Where a proposed development straddles the boundaries of the plan area and another local jurisdiction within the coastal zone, the applicant shall obtain separate CDPs from each jurisdiction.

F.

Where a proposed development straddles the boundaries of the County's CDP jurisdiction area and the Coastal Commission's retained jurisdiction area as defined by Public Resources Code section 30519(b), the applicant shall obtain separate CDPs from each agency. Alternatively, the applicant may apply for one consolidated CDP acted upon by the Coastal Commission if the applicant, the County, and the Coastal Commission consent to consolidate the CDP action and public participation is not substantially impaired by the review consolidation.

G.

Where a proposed development straddles the boundary of the Coastal Zone and the Santa Monica Mountains North Area, a CDP shall only be required for a development or those portions of a development actually located within the Coastal Zone. However, in the case of any development involving a structure or similar integrated physical construction, a CDP shall be required for any such structure or construction which is partially in and partially out of the Coastal Zone.

H.

Development that occurred after the effective date of the Coastal Act or its predecessor, the Coastal Zone Conservation Act, if applicable, that was not authorized in a CDP and not otherwise authorized under the Coastal Act, is not lawfully established or lawfully authorized development. No improvements, repair, modification, or additions to such existing development may be approved, unless the County first approves a CDP that authorizes the existing development retroactively. Such CDP(s) shall only be approved if the existing and proposed development, with any applicable conditions of approval, are consistent with the policies and standards of the LCP.

I.

The processing of a CDP shall be subject to the provisions of this LIP. Development undertaken pursuant to a CDP shall conform to the plans, specifications, terms, and conditions of the permit. The requirements for obtaining a CDP shall be in addition to requirements to obtain any other permits or approvals required by other County ordinances or codes or from any federal, State, regional, or local agency.

J.

1.

Where a use permit containing a termination date, such as a conditional use permit, is in effect at the time of this LCP's effective date, such permit shall continue to authorize the use until the permit expires if no new development, as defined in this LCP, is proposed.

2.

Where a use permit expires and new development is proposed, a CDP shall be required, and the CDP shall replace the previous permit.

3.

When a use permit expires, and the use remains unchanged from its previous approval, a replacement use permit of the same type with the same conditions may be granted only if both of the following apply:

a.

All development that was constructed on the site after the effective date of the Coastal Act was approved in a Coastal Commission-issued CDP (or the CDP requirement was waived by the Executive Director); and

b.

No new development is proposed, including, but not limited to, any change in intensity of use.

4.

A new use permit allowed pursuant to subsection 3 functions only to extend the previously-approved conditions and cannot be used to approve a use or other project components that are different from the original approval.

(Ord. 2019-0004 § 1, 2019.)

A.

Exemptions: The provisions of this LIP shall not apply to:

1.

a.

Improvements to existing lawfully-established single-family residence except as noted below in Subsection b. For purposes of this Section, the term "Existing lawfully-established single-family residence" includes all fixtures and structures directly attached to the residence and those structures normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds, and landscaping but specifically not including guest houses or accessory self-contained residential units;

b.

The exemption in Subsection a, above, shall not apply to the following classes of development which require a CDP because they involve a risk of adverse environmental impact:

i.

Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an H1 or H2 habitat area as defined in Section 22.44.1810, in an area designated as highly scenic in the LCP, or within 50 feet of the edge of a coastal bluff;

ii.

Any significant alteration of land forms including the movement of cut and/or fill material, removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in H1 or H2 habitat areas;

iii.

The expansion or construction of water wells or septic systems, not including the repair or maintenance of an existing, lawfully established on-site wastewater treatment system;

iv.

On property not included in Subsection b.i, above, that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in a Scenic Resources Area as designated by the County, an improvement that would result in: (1) a cumulative (when combined with other such improvements that occurred previously pursuant to Public Resources Code section 30610(a) or this Subsection A.1) increase of 10 percent or more of internal floor area of an existing structure; or (2) a cumulative increase in height by more than 10 percent of an existing structure, and/or any significant non-attached structure, such as garages, fences, shoreline protective works, or docks;

v.

In areas which the County or Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system; and

vi.

Any improvement to a single-family residence where the CDP issued for the original structure by the Coastal Commission, regional Coastal Commission, or County indicated that any future improvements would require a CDP.

2.

a.

Improvements to any existing lawfully-established structure other than a single-family residence or public works facility, except as noted below in Subsection b. For purposes of this Section, the term "Existing lawfully-established structure other than a single-family residence or public works facility" includes all fixtures and other structures directly attached to the structure, and the landscaping on the lot;

b.

The exemption in Subsection a, above, shall not apply to the following classes of development which require a CDP because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policy of Division 20 of the California Public Resources Code:

i.

Improvement to any structure if the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; in an area designated as highly scenic in the LUP; or within 50 feet of the edge of a coastal bluff;

ii.

Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff, in a highly scenic area, or in an H1 or H2 habitat area;

iii.

The expansion or construction of water wells or septic systems;

iv.

On property not included in Subsection 2.b.i, above, that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in a Scenic Resource Area as designated by the County, or an improvement that would result in a cumulative (when combined with other such improvements that occurred previously pursuant to Public Resources Code section 30601(b) or this Subsection A.2) increase of 10 percent or more of internal floor area of the existing structure, and/or a cumulative increase in height by more than 10 percent of an existing structure;

v.

In areas which the County or Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system;

vi.

Any improvement to a structure in which the CDP issued for the original structure by the Coastal Commission, regional Coastal Commission, or County indicated that any future improvements would require a CDP;

vii.

Any improvement to a structure which changes the intensity of use of the structure; and

viii.

Any improvement made pursuant to a conversion of an existing structure from a multiple-unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.

3.

Repair and Maintenance Activities.

a.

Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities or any other structure;

b.

The exemption in Subsection a, above, shall not apply to the following extraordinary methods of repair and maintenance which require a CDP because they involve a risk of substantial adverse environmental impact:

i.

Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, shoreline culvert, outfall, or similar shoreline work that involves:

(A)

Repair or maintenance involving alteration of 20 percent or more of the foundation of the protective work including pilings and other surface or subsurface structures;

(B)

The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective works;

(C)

The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or

(D)

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or H1 or H2 habitat area, or within 20 feet of coastal waters or streams;

ii.

Any method of routine maintenance dredging that involves:

(A)

The dredging of 100,000 cubic yards or more within a twelve (12) month period;

(B)

The placement of dredged spoils of any quantity within an H1 or H2 habitat area, on any sand area, within 50 feet of the edge of a coastal bluff or H1 or H2 habitat area, or within 20 feet of coastal waters or streams; or

(C)

The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the County or the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use;

iii.

Any repair or maintenance to facilities or structures or work located in an H1 or H2 habitat area, any sand area, within 50 feet of the edge of a coastal bluff or H1 or H2 habitat area, or within 20 feet of coastal waters or streams that include:

(A)

The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials;

(B)

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

c.

All repair and maintenance activities governed by Subsection 3.b, above, shall be subject to the LCP permit regulations, including, but not limited to, the regulations governing administrative and emergency permits. The provisions of Subsection 3b, above, shall not be applicable to those activities specifically described in the document entitled "Repair, Maintenance and Utility Hookups," adopted by the Coastal Commission on September 5, 1978, unless a proposed activity will have a risk of substantial adverse impact on public access, H1 or H2 habitat area, wetlands, or public views to the ocean.

d.

Unless destroyed by natural disaster, the replacement of 50 percent or more of a single-family residence, (as measured by 50 percent of either the exterior walls or the building foundation), seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance but instead constitutes a replacement structure requiring a CDP.

4.

Utility Connections. The installation, testing and placement in service or the replacement of any necessary utility connection between an existing service facility and any development that has a valid, unexpired CDP approved by the County or the Coastal Commission; provided, however, that the Director may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources. All repair, maintenance and utility hookups specifically listed in the document adopted by the Coastal Commission on September 5, 1978, entitled "Repair, Maintenance and Utility Hook-up Exclusions from Permit Requirements," as qualifying for this exemption shall be considered exempt unless the proposed activity will have a risk of substantial adverse impact on public access, H1 or H2 habitat area, wetlands, or public views to the ocean.

5.

Disaster Replacement. As used in this Section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owners; "bulk" means total interior cubic volume as measured from the exterior surface of the structure; and "structure" includes landscaping and any erosion control structure or device similar to that which existed prior to the occurrence of the disaster.

a.

The replacement of any structure, other than a public works facility, destroyed by a disaster shall conform to applicable existing zoning requirements; shall be for the same use as the destroyed structure; shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent; and shall be sited in the same location on the affected property as the destroyed structure.

b.

An on-site wastewater treatment system (OWTS) that was damaged or destroyed by a disaster may be replaced, provided the replacement OWTS does not exceed the capacity of the damaged or destroyed OWTS by more than 10 percent to meet minimum County Code requirements.

c.

On-site water tanks that were damaged or destroyed by a disaster may be replaced, provided the replacement tanks do not exceed the aggregate capacity of the damaged or destroyed tanks by more than 10 percent. Replacement tanks may be comprised of a single tank or multiple tanks that aggregate to the minimum capacity necessary so long as they are located within the previously established building site.

d.

In addition to these requirements, a disaster replacement exemption shall provide the information required in Section 22.44.880.

6.

Any activity anywhere in the Coastal Zone that involves the conversion of any existing multiple-unit residential structure to a time-share project, estate or use, as defined in section 11212 of the California Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this LIP, no CDP shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multiple-unit residential structure into condominiums, as defined in section 783 of the California Civil Code, shall not be considered a time-share project, estate or use for the purposes of this subsection.

7.

Temporary events as described below.

a.

All temporary events except those which meet all of the following criteria:

i.

Are held between Memorial Day weekend and Labor Day;

ii.

Occupy any portion of a sandy beach area (unless it is located in a remote area with minimal demand for public use and there is no potential for adverse effect of sensitive coastal resources); and

iii.

Involve a charge for general public admission and/or seating where no fee is currently charged for use of the same area (unless any fee charge is for preferred seating only and more than 75 percent of the provided seating capacity is available free of charge for general public use);

b.

The Director may determine that a temporary event shall be subject to CDP review even if the criteria above are not met, if the Director determines that unique circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources or public access;

c.

For purposes of this Subsection A.7, a temporary event is one that continues for no more than two weeks on a continual basis or that is intermittent for up to four months.

8.

Development authorized in a CDP approved by the Coastal Commission prior to certification of the LCP, provided that:

a.

The approval has not expired or been forfeited; and

b.

The development proposal diligently and accurately complies with what was authorized in the CDP approved by the Coastal Commission. Any substantial deviation from that prior approval shall be subject to the requirements of this LCP and may be subject to a CDP as required by this LIP.

B.

Record of Permit Exemptions. The Director shall maintain a record of all those developments within the Coastal Zone that have been authorized as being exempt from the requirement for a CDP pursuant to this Section. This record shall be available for review by members of the public and representatives of the Coastal Commission. The Record of Permit Exemptions shall include the name of the applicant, the location of the project, and a brief description of the project.

C.

Categorical Exclusions. Projects covered by a Categorical Exclusion Order certified by the Coastal Commission pursuant to California Public Resources Code 30610(e) and Subchapter 5 of Chapter 6 of the Coastal Commission's regulations (California Code Regulations, Title. 14, sections 13240-13249) after the date of effective certification of this LCP, are not subject to the provisions of this LIP.

D.

An initial determination on whether a development is exempt shall be made by the Director at the time an application for development within the Coastal Zone is submitted, or a request for a determination is made. Any dispute arising from the Director's determination shall be resolved pursuant to the procedure described in Section 22.44.930.

E.

De Minimis Waiver of Coastal Development Permit.

1.

A de minimis waiver may be issued by the Director for the items listed below, where the improvements are not otherwise exempt, pursuant to Section 22.44.820, and shall be subject to the following provisions:

a.

Improvement, Replacement, or Relocation of Undamaged On-Site Wastewater Treatment Systems. Improvements to, replacement of, or relocation of an undamaged OWTS within the building site or same general area serving a structure that was damaged or destroyed as a result of a disaster, where the improvements to the OWTS involve upgrading an existing system to an advanced system, installing a new system with the same or increased capacity to meet minimum County Code requirements, or relocating the system to a different location within the building site or same general area on the same lot.

b.

Replacement of Damaged On-Site Wastewater Treatment Systems, Not Exempt. Replacement of a damaged OWTS within the building site or same general area where the replacement OWTS is required to have a capacity that is more than 10 percent greater than the previous OWTS to meet minimum County Code requirements.

c.

Improvement, Replacement, or Relocation of Undamaged On-Site Water Tanks. Improvements to, replacement of, or relocation of undamaged on-site water tanks within the building site or same general area on the same lot serving a structure that was damaged or destroyed as a result of a disaster, where the improvements to the water tank involve installing a new tank or tanks with an aggregate capacity greater than the previous tank to meet minimum County Code requirements.

d.

Replacement of Damaged On-Site Water Tanks, Not Exempt. Replacement of damaged on-site water tanks within the building site or same general area where the replacement water tanks are required to have an aggregate capacity that is more than 10 percent greater than the previous tanks to meet minimum County Code requirements.

e.

Relocation of Structure Due to Debris Flow. The replacement or reconstruction of a structure damaged or destroyed as a result of a disaster at a different location on the same parcel where a significant change in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) resulted from mudslides and other forms of debris flows located on or affecting the lot on which the replaced or reconstructed structure would be located.

f.

Improvements to Existing Driveways or Access Roads. Minor improvements to existing driveways or access roads required by the Fire Department, such as minor changes to the width or grade of driveways or access roads, located on the same lot as a structure that was damaged or destroyed by a disaster.

g.

Exploratory Testing. The evaluation of soil and/or hydrologic conditions, or geologic hazards, for a legally-established dwelling unit or commercial structure that was destroyed or rendered uninhabitable by a disaster.

2.

Findings. All decisions on de minimis waivers shall be accompanied by written findings that the development meets all of the following criteria that are applicable, based on substantial evidence:

a.

Not Appealable to California Coastal Commission. The development is not of a type or in a location where an action on the development would be appealable to the Coastal Commission. (For development appealable to the Coastal Commission, see Section 22.44.1050).

b.

No Adverse Coastal Resource Impacts. The development has no potential for adverse effects, either individually or cumulatively, on coastal resources; will not be located in H1 or H2 habitat; will not require removing or encroaching into the protected zone of any native tree; and will not adversely affect visual resources.

c.

Local Coastal Program Consistency. The development is consistent with the certified Santa Monica Mountains Local Coastal Program.

d.

On-Site Wastewater Treatment Systems.

i.

The improved, replaced, and/or relocated OWTS is necessary to meet minimum County Code requirement in service of the rebuilt structure damaged or destroyed by a disaster.

ii.

The improved, replaced, and/or relocated OWTS is necessary to better protect coastal resources, as determined by the Director in consultation with County Public Health officials.

iii.

The improved, replaced, and/or relocated OWTS does not have a capacity greater than that necessary to meet minimum County Code requirements for a rebuilt structure damaged or destroyed by a disaster.

e.

On-Site Water Tanks.

i.

The improved, replaced, and/or relocated on-site water tank(s) is necessary to meet minimum County Code requirements in service of the rebuilt structure damaged or destroyed by a disaster.

ii.

The improved, replaced, and/or relocated on-site water tank(s) is necessary to better protect coastal resources, as determined by the Director in consultation with Fire Department officials.

iii.

The improved, replaced, and/or relocated on-site water tank does not have a capacity greater than that necessary to meet minimum County Code requirements for a rebuilt structure damaged or destroyed by a disaster.

f.

Structure Relocation.

i.

The new location of the replacement or restored structure is necessary to better protect coastal resources.

ii.

The new location of the replacement or restored structure is necessary to comply with applicable setbacks from top-of-bank and to reduce flood hazards, as determined by the Director in consultation with the Flood Control District.

iii.

The restored or replaced structure does not exceed the floor area of the damaged or destroyed structure by more than 10 percent.

g.

Driveway or Access Road Improvements.

i.

The improvements are required by the Fire Department to meet current access standards for a rebuilt structure damaged or destroyed by a disaster.

ii.

The improvements are in the same general alignment and footprint as the existing road.

h.

Exploratory Testing.

i.

Exploratory testing is necessary to meet minimum County Code requirements in service of the rebuilt structure damaged or destroyed by a disaster.

ii.

Exploratory testing is conducted within the building site or same general area on the same lot.

iii.

Only existing access roads are utilized.

3.

Procedures.

a.

Concurrent Filing. Applications for a de minimis waiver(s) shall be filed and processed concurrently with the application for an exemption to replace or reconstruct the structure on the property that was damaged or destroyed as a result of a disaster.

b.

Site Posting. At the time the application is submitted for filing, the applicant must post, at a conspicuous place as close to the site as possible that is easily accessible by the public and approved by the County, notice, on a form approved by the County, that an application for a de minimis waiver has been submitted to the County. Such notice shall contain a general description of the nature of the proposed development.

c.

Environmental Review Board. Applications for a de minimis waiver are not subject to review by the Environmental Review Board.

d.

Determination and Notice. Determinations on de minimis waivers shall be made by the Director and shall not be effective until reported to the Commission. The Director's determination shall be provided to all known interested parties, including the Executive Director of the Coastal Commission, at least 10 days prior to the waiver determination being reported to the Commission.

e.

Reporting and Final Action. Determinations on de minimis waivers shall be reported to the Commission at the next regularly scheduled meeting. If, after consideration of the waiver, the Commission requests the waiver not be effective, then the applicant shall be advised that a Coastal Development Permit is required. Otherwise, the waiver is effective immediately after the Commission meeting where the matter is heard.

f.

Waiver Expiration. A de minimis waiver shall expire and be of no further force and effect if the authorized development is not commenced within two years of the effective date of the waiver. If expired, a Coastal Development Permit or another waiver shall be required. The Director may extend such time only once for a period not to exceed one year.

(Ord. 2025-0031 § 1, 2025; Ord. 2019-0004 § 1, 2019.)

A.

Filing. Any person desiring a CDP required by or provided for in this LIP may file an application with the Director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the Hearing Officer, Commission or Board of Supervisors on an application requesting the same or substantially the same permit.

B.

Withdrawal of application or petition permitted when. An applicant or petitioner for any CDP, variance, or LCP amendment provided for in this LIP may withdraw the application at any time before hearing or before ex parte action by the Hearing Officer by filing with the Hearing Officer a request in writing signed by all persons who signed the original application or petition, or their successors in interest.

(Ord. 2019-0004 § 1, 2019.)

An application for a CDP shall contain, but is not limited to, the information listed in this section, accuracy of which is the responsibility of the applicant. Failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by this LIP may delay processing the application or may constitute grounds for denial of the permit.

A.

Names and addresses of the applicant(s) and of all persons owning any or all of the property proposed to be used.

B.

Evidence that the applicant meets one of the following criteria:

1.

Is the owner of the property involved. If the applicant is a limited liability corporation (LLC) or limited partnership (LP, LLP, or LLLP), the Member or Partnership Agreement/Articles of Organization, and all other agreements between partners/members pertaining to management authority for the LLC that demonstrates which individual(s) is legally authorized to manage the entity's business affairs (to make decisions, accept conditions, etc.) must be provided.

2.

Has written permission of the owner or owners to make such application.

3.

In the case of a public agency, is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or the portion thereof that will be subject to the development.

4.

In the case of a public agency, is negotiating to acquire a portion of the premises involved.

C.

Location of the subject property by assessor's parcel numbers, and address, or if no address is available, then by the closest intersection or "in the vicinity of...."

D.

Legal description of the property involved.

E.

Nature of the requested use, indicating the business, occupation, or purpose for which such building, structure or improvement is to be erected, constructed, altered, enlarged, moved, occupied, or used.

F.

Indication of the nature, condition and development of adjoining and adjacent uses, buildings and structures.

G.

A site plan drawn to a scale satisfactory to and in the number of copies prescribed by the Director indicating the following:

1.

The area and dimensions of the proposed site for the requested use.

2.

The location and dimensions, to include elevations, of all existing and proposed structures, yards, walls, fences, parking and loading facilities, landscaping, the location and type of all proposed outdoor lighting, demonstrating compliance with all applicable provisions of the LIP, and other development features.

3.

The dimensions and state of existing and proposed improvements of the adjoining streets, highways, driveways, access roads, and/or easements providing access to the proposed site of the requested use.

4.

Existing and/or proposed public access to and along the shoreline for projects proposed between the first through public road and the sea.

5.

Existing and proposed property lines on the site, including all dedications, easements or recorded offers to dedicate easements, deed restrictions over or adjacent to the site, and documentation for all such recorded instruments.

6.

Existing and proposed topography, at a contour interval appropriate to the size of the site to be developed, including elevations, based on a topographic map prepared by a licensed land surveyor. It may be necessary to provide a topographic survey of the entire site with an enlarged scale version of the topography in the immediate area of the development site to show sufficient detail. A plan, based on the topographic map, delineating all property having a natural slope of 0 to 14.99 percent, 15 to 24.99 percent, 25 to 32.99 percent, 33 to 49.99 percent, and a natural slope of 50 percent or more. For development in a Rural Village identified in Section 22.44.2120 (unless otherwise provided in subsection A.2 of Section 22.44.2140), gross structural area calculations for the project, based on the topographic survey.

7.

Major natural and manufactured landscape and water features, including location, type, size, and square footage or acreage of any trees or other natural vegetation to be planted or to be removed or made subject to thinning, irrigation, or other modification by the proposed project including building site and road/driveway areas.

8.

Location and amount of any fuel modification or brush clearance that would be required on the site and on adjoining properties to comply with fire safety requirements for the proposed development, based on a fuel modification plan that has received preliminary approval from the Fire Department Forestry Division. If the full 200-foot radius of fuel modification cannot be located completely on the project site, a plan shall be provided by the applicant that shows the area of the 200-foot brush clearance radius that would be located on adjoining parcels.

9.

Any hazard areas as identified in Section 22.44.2060 that are not to be developed shall be labeled on the site plans as "Hazard Areas" and shall be deed restricted to prevent any future development in those areas. The applicant shall provide the Director with a copy of the recorded deed prior to issuance of the CDP.

10.

Location, size, and type of all proposed confined animal facilities, including fencing, lighting, and all BMP facilities required to meet the standards of Section 22.44.1450 and 22.44.1940.

11.

Location, and size of any proposed crop or garden areas, including plant species, consistent with the requirements of Sections 22.44.1300 and 22.44.1930.

12.

Applications for a Development of Water Quality Concern (DWQC), as identified in subsection J of Section 22.44.1340, shall provide an estimate of the increases in pollutant loads and runoff flows resulting from the proposed development, and calculations.

H.

Architectural drawings showing the following:

1.

Elevations of all sides of building(s).

2.

Roof plan of proposed building(s).

3.

Indication of colors and materials for all exterior surfaces.

I.

A listing and copies of all other permits and approvals secured or to be secured in compliance with the provisions of the LIP and other applicable ordinances and laws, including the California Environmental Quality Act and the California Coastal Act.

J.

Maps in the number prescribed, and drawn to a scale specified by the Director, showing the location of all real property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of the parcel of land containing such proposed use. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 700-foot radius.

K.

A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to section 2015.5 of the California Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the County as owners of the subject property and as owning property within a distance of 1,000 feet from the exterior boundaries of the parcel of land on which the development is proposed. In addition, the list shall include the names and addresses of persons residing within 1,000 feet of said parcel; if the names of the residents are not known, they shall be listed as "occupants." One copy of the map described in subsection (J) of this section shall indicate where such ownerships and residents are located. If the 1,000-foot radius does not include a minimum of 15 parcels of real property, the radius shall be expanded until the owners and residents of at least 15 parcels are included.

L.

Proof satisfactory to the Director that water for fire protection will be available in quantities and pressures required by the Water Ordinance, set out at Division 1 of Title 20 of this Code, or by a variance granted pursuant to said Division 1. The Director may accept as such proof a certificate from the person who is to supply water that water can be supplied as required by said Division 1 of Title 20, also stating the amount and pressure, which certificate also shall be signed by the Forester and Fire Warden, or a certificate from the Department of Public Works or applicable Water District that such water will be available.

M.

Proof of water availability for new residential development or other new development that requires water use.

N.

Proof of legal access for any new development that is not accessed directly from a public roadway.

O.

For development on a vacant lot, evidence of the date and method by which the parcel was created, in one of the following cases:

1.

If the lot was created through the recordation of a final parcel map or tract map, this will consist of the lot and tract/parcel map identification number and evidence that the current lot configuration is consistent with the tract map or parcel map approval.

2.

If the lot was created through a minor land division (September 22, 1967-March 4, 1972), this will consist of the lot and certificate of exception identification number and evidence that the current lot configuration is consistent with the minor land division approval.

3.

In all other cases, this will consist of all of the following: (1) a copy of the certificate of compliance approved for the parcel, if any; (2) a complete title history, including all documentation necessary to determine when and how the parcel(s) was created; what additional parcels were created from the same parent parcel either at the same time, prior to and/or after creation of the parcel; and what other grants, land divisions, mergers or transactions occurred involving the parcel after the initial creation of the parcel; and (3) mapping or graphic depiction of the various lot configurations reflected in the legal descriptions from the deeds or other transactions in the chain of title.

4.

Where the Director determines that the lot was created after the effective date of the Coastal Act, or was created prior to the effective date of the Coastal Act but without complying with applicable state or local requirements, either evidence of a valid CDP authorizing the land division must be submitted prior to filing of any application for proposed development on the lot, or a request for after-the-fact legalization of the land division must be included as part of the application request to be deemed filed.

P.

For all new development located in, or within 200 feet of, H1, H2, or H2 "High Scrutiny" Habitat as mapped on the Biological Resources Map, a biological assessment report, prepared in accordance with Section 22.44.1870. For all other new development, a biological inventory, containing the following information:

1.

Biological survey and map (drawn to scale) of biological resources and physical site features on the project site.

2.

The plants, animals, and habitats found on the project site.

3.

The plants, animals, and habitats likely to occur on the project site based on a California Natural Diversity Database (CNDDB) query as well as local knowledge.

4.

On sites that have been subject to wildfire or unpermitted development, including but not limited to, vegetation removal or grading, the plants, animals, and habitats likely to have occurred on the site based on historical records and habitat found in surrounding undisturbed areas.

5.

Assessment of need for additional surveys due to timing/season of initial survey (potential for missing sensitive species) and assessment for need of protocol level species surveys (based on CNDDB query results and local knowledge).

6.

Proximity of the project site to locations of known sensitive resources within 200 feet.

7.

Photo documentation of the site that includes photos of all the respective habitats on site.

8.

Native tree survey and map (drawn to scale) if oak, sycamore, walnut, bay, or toyon trees are present on the project site. Sites containing native oak trees shall provide the information required in subsection E of Section 22.44.950.

Q.

For minor and major CDPs, a completed initial study environmental questionnaire.

R.

Pre-Application. Completion of a pre-application review to determine project impacts and conformance issues, coordinated by the Department and conducted by the County One-Stop interdepartmental land development counseling team. County Departments of Fire, Health Services, Public Works, and Regional Planning shall be represented at a scheduled pre-application review session, unless the project does not require approval from a specific department, in which case that department need not attend.

S.

For development relying on an on-site wastewater treatment system, a septic plot plan, prepared by a registered sanitarian, that shall include a percolation testing report and septic system design of adequate size, capacity, and design to serve the proposed development for the life of the project.

T.

Detailed grading plans for all grading, whether on-site or off-site, including grading for any necessary road construction or improvements that is prepared by a registered engineer. The amount of cut and fill material shall be identified, with totals listed separately, and breakdown of amounts for different components of the project (including but not limited to the access road, driveway, building pad, remedial grading). Representative grading cross sections shall be included. A LID/Hydromodification Plan shall be provided, if required pursuant to Section 22.44.1515.

U.

Landscape plan for all cut and fill slopes and other areas that would be disturbed by proposed construction activities, including areas that would be disturbed by required fuel modification or brush clearance, that meets the requirements of Section 22.44.1240.

V.

For applications for land divisions, these additional items:

1.

A report prepared by a California Professional Geologist, a California Certified Engineering Geologist, a California Registered Engineer, California Certified Hydrogeologist, or a California Registered Environmental Health Specialist that addresses the ability of each proposed building site to accommodate an on-site wastewater treatment system, if one is deemed necessary by the Department of Public Health, including an analysis of depth of groundwater that addresses seasonal and cyclical variations as well as the adequacy of percolation rates in post-grading conditions (cut or compacted fill).

2.

Evidence of water availability sufficient to provide service for each proposed parcel, supplied either by water well or municipal water system.

3.

Line-of-sight analysis showing the view of the project site, including each proposed building site from public viewing areas.

4.

Depiction of the proposed building site (including a building pad if part of the project) and access road/driveway to each proposed parcel with detailed grading plans for all grading, whether on-site or off-site, grading volumes (cut and fill), and representative cross sections.

5.

Easements required to access each proposed parcel from a public road.

6.

Conceptual fuel modification plan based on the anticipated location of future structures.

7.

Information regarding transfer of development credits, as required by Section 22.44.1230.

8.

In an application for a lot line adjustment, if any of the parcels to be adjusted are improved with a structure that required a building permit, the applicant shall provide an inspection report from the Building and Safety Division of the Department of Public Works certifying that changes in lot lines will not violate any ordinances or regulations administered by that department. The Department of Public Works shall collect any fees required for this service.

W.

For applications for water wells, a groundwater hydrological study that analyzes the individual and cumulative impacts the wells may have on groundwater supplies and the potential individual and cumulative impacts the wells may have on adjacent or nearby streams, springs, or seeps and their associated riparian habitat.

X.

For applications for development located in areas identified by the County or State as archaeologically sensitive, a site survey shall be performed by a qualified archaeologist, and an archaeology report, including alternatives that would avoid or minimize impacts to resources and recommended measures to mitigate impacts to resources, shall be prepared pursuant to Section 22.44.1570, unless waived by the Director.

Y.

Visual analysis of the subject property and proposed development, to assess potential impacts upon Scenic Resources Areas identified in Section 22.44.2000, including those items necessary to review the visual impact of proposed development listed in Section 22.44.1440.

Z.

Analysis of a sufficient number of feasible project alternatives (including, but not limited to, siting, design, size, height, and use alternatives) as determined by the Director to avoid adverse impacts to coastal resources, and all feasible mitigation measures available to minimize or reduce unavoidable impacts.

AA.

New development that includes construction within 25 feet of any drainage course shall be subject to a hazard analysis to identify invasive species or contaminants which may potentially be moved from or introduced into the drainage course, causing ecological damage and furthering the spread of unwanted species to new habitats.

1.

The Director shall determine the content and format of the hazard analysis, and make this determination available in writing to impacted applicants.

2.

The hazard analysis shall be prepared by the applicant and reviewed by the staff biologist.

3.

If it is determined that development activity presents a risk for spreading invasive species or contaminants, the applicant must submit a Hazard Analysis and Critical Control Points (HACCP) Plan designed to prevent the spread of invasive species and contaminants. The HACCP Plan will be reviewed by the department biologist, and development must follow the requirements of the approved HACCP Plan.

BB.

Plans, prepared in consultation with the Department of Public Works, demonstrating that the proposed development and improvements avoid or minimize potential degradation of water quality, and that meet the requirements of the applicable policies of the LCP and Low Impact Development standards as contained in Sections 22.44.1510 through 22.44.1516, as required by the Department of Public Works.

CC.

All applications for new development on a beach, beachfront or bluff-top property shall include the following, as applicable:

1.

An analysis of beach erosion, wave run-up, inundation and flood hazards prepared by a licensed civil engineer with expertise in coastal engineering. All applications for bluff-top development shall include a slope stability analysis, prepared by a licensed Certified Engineering Geologist and/or Geotechnical Engineer or Registered Civil Engineer with expertise in soils. These reports shall address and analyze the effects of said development in relation to the following:

a.

The profile of the beach;

b.

Surveyed locations of mean high tide lines acceptable to the State Lands Commission;

c.

The availability of public access to the beach;

d.

The area of the project site subject to design wave run-up, based on design conditions;

e.

Foundation design requirements;

f.

The need for a shoreline protection structure over the life of the project;

g.

Alternatives for protection of the septic system;

h.

The long-term effects of proposed development of sand supply;

i.

The FEMA Base Flood Elevation and other mapped areas (A, B, or V zones);

j.

Future projections in sea level rise;

k.

Project alternatives designed to avoid or minimize impacts to public access;

l.

Slope stability and bluff erosion rate determination performed as outlined in Section 22.44.2180.

2.

Applications for new beachfront or bluff-top development, including but not limited to shoreline protective structures, shall include a site map that shows all easements, deed restrictions, or "Offers to Dedicate" and/or other dedications for public access or open space and provides documentation for said easements or dedications. The approved development shall be located outside of and consistent with the provisions of such easement or offers.

3.

All applications for proposed development on a beach or along the shoreline, including a shoreline protection structure, shall contain written evidence of a review and determination from the State Lands Commission relative to the proposed project's location to or impact upon the boundary between public tidelands and private property. Such determination shall be a filing requirement for a CDP and any application filed without such determination shall be determined to be incomplete.

4.

For beachfront development that will be subject periodically to wave action, unless the State Lands Commission determines that there is no evidence that the proposed development will encroach on tidelands or other public trust interests, the County shall reject the application on the ground that it is within the original permit jurisdiction of the Coastal Commission, and shall direct the applicant to file his or her application with the Coastal Commission.

DD.

The Director may require the submission of additional information deemed necessary to process the application and permit, or waive the filing of one or more of the above items if the nature of the development is unrelated to the required item.

(Ord. 2019-0004 § 1, 2019.)

In addition to the information required in the application by Section 22.44.840, the applicant shall substantiate to the satisfaction of the County the following facts:

A.

That the proposed development is in conformity with the certified local coastal program.

B.

That any development located between the nearest public road and the sea or shoreline of any body of water located within the Coastal Zone, is also in conformity with the public access and public recreation policies of Chapter 3 of Division 20 of the Public Resources Code.

(Ord. 2019-0004 § 1, 2019.)

A.

The different types of CDPs in the Santa Monica Mountains are:

1.

Administrative CDP is required for development of a principal permitted use and certain other permitted uses as set forth in this LIP, and shall be processed pursuant to Section 22.44.940 and this LIP. An application for an administrative CDP shall be reviewed by the Director and the department biologist.

2.

Minor CDP is required for development of a principal permitted use where the provisions of subsection A of Section 22.44.940 do not apply, and establishment of certain uses other than a principal permitted use as set forth in this LIP, and shall be processed pursuant to this LIP, except that the Hearing Officer will conduct the public hearing. An application for a minor CDP shall be reviewed by the Director and Department biologist or Environmental Review Board.

3.

Major CDP is required for establishment of certain uses other than a principal permitted use as set forth in this LIP, and shall be processed pursuant to this LIP, except that the Commission will conduct the public hearing. An application for a major CDP shall be reviewed by the Director, the department biologist, and the Environmental Review Board.

4.

A CDP-oak tree (CDP-OT), a specific type of minor CDP, is also required to allow a person to cut, destroy, remove, relocate, inflict damage or encroach into a protected zone of any tree or shrub of the oak genus as specified in Section 22.44.950, and subject to the provisions of this LIP.

B.

Review procedures. Upon receipt of a complete application for a proposed development in the Coastal Zone that requires a CDP from the County, the Director shall determine which CDP is required for the proposed use. The Director shall utilize the following process to determine the type of permit required by determining the following:

1.

The permit required for the use by the underlying zone.

2.

The permit required based on the biological constraints of the site, pursuant to Section 22.44.1800 et seq., and a biological inventory review.

3.

The permit required for the amount of grading, pursuant to Section 22.44.1260.

4.

Whether the project involves a land division, pursuant to Sections 22.44.640, 22.44.650, 22.44.660, 22.44.670, or 22.44.680.

C.

Level of Review Required.

1.

Based on the different permits that may be required for the proposed development in subsection B above, the Director shall identify the permit that requires the highest level of review. An administrative CDP is the lowest level of review, a minor CDP is the medium level of review, and a major CDP is the highest level of review.

2.

The proposed development is subject to the highest level CDP identified in subsection 1. For example, if the grading requires a minor CDP, but the use requires an administrative CDP, the project is subject to a minor CDP.

D.

Appealability Determination.

1.

The Director shall determine whether the CDP is appealable to the Coastal Commission based on the uses proposed.

a.

If the proposed use is the principal permitted use or an accessory use that is considered to be customarily associated with the principal permitted use for the zone that applies to the project site, a CDP approving such use is not appealable to the Coastal Commission.

b.

A CDP approving any other use is appealable to the Coastal Commission.

c.

A CDP approving a use(s) that is not appealable in conjunction with a use that is appealable, is an appealable CDP.

2.

The Director shall determine if the CDP is appealable to the Coastal Commission based on the criteria of subsection A of Section 22.44.1050.

E.

All applications shall obtain a recommendation from the County Departments of Fire, Health Services, and Public Works, as required by Section 22.44.2100, except as waived by the Director.

F.

The Director shall determine whether the proposed development is:

1.

Subject to the requirement for a CDP or permit amendment from the Coastal Commission.

2.

Appealable to the Coastal Commission.

3.

Exempt from the Coastal Development Permit requirements pursuant to Section 22.44.820.

4.

Subject to the requirement of securing a Coastal Development Permit to be issued by the County.

(Ord. 2019-0004 § 1, 2019.)

For the purpose of defraying the expense involved in connection with any application or petition required or authorized by this LIP, the following fees shall accompany the application or petition:

Coastal Development Permit, Administrative, without public hearing—$2,073

Coastal Development Permit, Administrative, with public hearing—$10,471

Coastal Development Permit, Minor—$13,453

Coastal Development Permit, Major—$13,453

Coastal Development Permit, Time Extension—$1,615

Coastal Development Permit Amendment, with public hearing—$12,224

Coastal Development Permit Amendment, without public hearing—$1,520

Coastal Development Permit, Exemption—$1,623

Coastal Development Permit, Exemption, Time Extension—$368

Coastal Development Permit, Exemption Amendment—$705

Coastal Development Permit, Temporary Use Exemption—$283

Coastal Development Permit Appeal—No Fee

Coastal Development Permit Variance—$11,293

De Minimis Waiver?$1,623

Restoration Order—$12,571

Local Coastal Program Conformance Review—$669

Zoning Verification Letter—$206

Local Coastal Program Amendment—$5,000 minimum deposit from which actual planning costs shall be billed and deducted. Depending on the actual planning costs required to process the amendment, the applicant may be required to make additional deposit(s) as they are necessary. The applicant is entitled to a refund of the unused portion of the deposit(s) once the application is resolved.

Current fees for California Environmental Quality Act (CEQA) review may apply. Fees may be adjusted annually for inflation based on the United States Bureau of Labor Statistics Consumer Price Index (CPI).

(Ord. 2025-0031 § 2, 2025; Ord. 2019-0004 § 1, 2019.)

Editor's note— Fee changes in this section include changes made by the Director of Planning due to increases in the Consumer Price Index and are effective March 1, 2025.

The Director may issue an exemption from the requirements of this LIP for structures damaged or destroyed by disaster, subject to the following provisions:

A.

A completed CDP application shall be submitted to the Director.

B.

In addition to the information required under this LIP, the application shall contain the following information:

1.

A report from the owner's insurance company substantiating the loss.

2.

Copies of the building permits originally issued for each structure to be repaired or replaced.

3.

Any CDP, variance, conditional use permit, or other permit issued that shows the damaged or destroyed development was lawfully established.

4.

Documentation for any remedial work performed prior to the issuance of the waiver that was necessary to protect public health and/or safety after the disaster.

C.

The development proposed by the application shall be subject to the provisions of subsection A.5 of Section 22.44.820.

D.

The Director may waive the requirement for any information required in subsections A or B above.

(Ord. 2019-0004 § 1, 2019.)

The Hearing Officer may deny, without a public hearing, an application for any CDP if such application does not contain the information required by Sections 22.44.840 and 22.44.850 and any other pertinent sections. The Hearing Officer may accept the original file with the supplementary information when re-filed by the applicant. An applicant that has had a project denied must wait one year after the denial before refiling an application for the proposed development.

(Ord. 2019-0004 § 1, 2019.)

A.

A CDP shall be considered concurrently with the granting of any other tentative maps or permits required by this LIP or other applicable ordinances and laws. Where a CDP is being considered concurrently with other permits or maps that do not have a public hearing requirement, a public hearing for such concurrent cases shall be held if the CDP is subject to Section 22.44.970.

B.

When an application for development is proposed that requires a CDP and an LCP amendment, the proposed LCP amendment must be approved by the Board consistent with Section 22.44.700, approved by the Coastal Commission, and effectively certified before the Hearing Officer or Commission can take action on the related CDP application. The proposed LCP amendment and CDP shall not be acted upon by the County concurrently.

(Ord. 2019-0004 § 1, 2019.)

A.

An initial determination on whether a CDP application is in the County's or Coastal Commission's jurisdiction shall be made by the Director at the time an application for a CDP has been submitted. The County's jurisdiction does not extend to CDP applications for development proposed on tidelands, submerged lands, or public trust lands, within certain ports, or within State university or State college lands as described in section 30519(b) of the Public Resources Code. In making such determination, the Director may refer to the "Post-LCP Certification Permit and Appeals Jurisdictional Map" adopted by the Coastal Commission. A CDP application within the County's jurisdiction shall be processed pursuant to the provisions of this LIP. Any CDP application not within the County's jurisdiction shall be referred to the Coastal Commission for processing.

B.

For a CDP application determined to be within the County's jurisdiction, the Director shall also determine if such permit is appealable to the Coastal Commission. In making this determination, the Director shall use the criteria contained in Section 22.44.1050. The Director may also use the "Post-LCP Certification Permit and Appeals Jurisdiction Map."

C.

Any dispute arising from the Director's determination of jurisdiction or appealability shall be resolved pursuant to the procedure described in Section 22.44.930.

D.

1.

The Coastal Commission retains authority over CDPs granted by the Coastal Commission, including condition compliance. Where either new development or a modification to existing development is proposed on a site where development was authorized in a Coastal Commission-granted CDP, either prior to certification of the LCP or through a de novo action on an appeal of a County-approved CDP and the permit has not expired or been forfeited, the applicant shall apply to the County for the CDP, except for:

a.

Requests for amendment, extension, reconsideration, and revocation of the Coastal Commission-granted permits.

b.

Development that would lessen or negate the purpose of any specific permit condition, any mitigation required by recorded documents, any recorded offer to dedicate or grant of easement or any restriction/limitation or other mitigation incorporated through the project description by the permittee, of a Coastal Commission-granted CDP.

2.

In either of the circumstances described in subsection 1.a or 1.b above, the applicant must file an application with the Coastal Commission for an amendment to the Coastal Commission-granted CDP and authorization for the proposed new development or modification to existing development. The Coastal Commission will determine whether the application for amendment shall be accepted for filing pursuant to the provisions of Title 14 California Code of Regulations, section 13166.

E.

Any proposed development within the Coastal Zone that is subject to the County's jurisdiction upon certification of the LCP and that the Director preliminarily approved (i.e., an "Approval in Concept") before effective certification of the LCP but for which a complete application has not been filed with the Coastal Commission for approval, shall be resubmitted to the County through an application pursuant to this LIP. The standard for review for such an application shall be the requirements of this certified LCP. The applicant may request an application fee refund from the Coastal Commission for any fees previously paid to the Coastal Commission and from the Director for any fees previously paid to the County.

F.

Any proposed development within the certified area which the County preliminarily approved (i.e., an "Approval in Concept") before the effective date of the LCP and for which a complete application has been filed with the Coastal Commission may, at the option of the applicant, remain with the Coastal Commission for completion of review. In such cases where the CDP will be obtained from the Coastal Commission, the CDP will remain under the jurisdiction of the Commission as set forth in subsection D above. Alternatively, the applicant may withdraw the application filed with the Coastal Commission and resubmit it to the County through an application pursuant to the requirements of the certified LCP. The standard of review for such an application shall be the requirements of the certified LCP.

G.

Upon certification of the LCP except as provided under subsections D and F of this section, no applications for development within the County's permit jurisdiction shall be accepted by the Coastal Commission for development within Coastal Zone.

(Ord. 2019-0004 § 1, 2019.)

The following procedures shall establish whether a development is exempt, non-appealable, or appealable:

A.

The Director or his or her designee shall make a determination as to what type of development is being proposed (i.e., exempt, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for the particular development.

B.

If the determination of the Director is challenged by the applicant or an interested person, or if the County wishes to have a Coastal Commission determination as to the appropriate designation, the Director shall notify the District Director of the South Central Coast District Office of the Coastal Commission by telephone or in writing of the dispute/question and shall request the Coastal Commission Executive Director's determination as to whether the development is exempt, categorically excluded, non-appealable, or appealable.

C.

The Executive Director of the Coastal Commission (Executive Director) shall, within two (2) working days of the receipt of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is exempt, categorically excluded, non-appealable or appealable.

D.

Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the Director's determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Coastal Commission shall schedule the hearing on the determination for the next Coastal Commission meeting (in the appropriate geographic region of the State) following the Executive Director's determination.

(Ord. 2019-0004 § 1, 2019.)

A.

If the Director's determination made pursuant to Sections 22.44.810, 22.44.820, or 22.44.910 is challenged by the applicant or interested person, or if the County wishes to have a Coastal Commission determination as to the appropriate determination, the Director shall notify the District Director of the South Central Coast District Office of the Coastal Commission by telephone or in writing of the dispute/question and shall request the Coastal Commission Executive Director's determination as to whether the development is exempt, categorically excluded, non-appealable, or appealable

B.

Processing of such CDP shall be suspended pending a final determination by the Executive Director or Coastal Commission.

(Ord. 2019-0004 § 1, 2019.)

A.

Applicability. The provisions of this section shall apply to the principal permitted use and other permitted uses for each zone as set forth in this LIP, that:

1.

Meet all development standards without the need for a discretionary permit such as a variance, minor or major CDP;

2.

Do not fall within an Environmental Review Board (ERB) review area or are exempt from ERB review pursuant to subsection C of Section 22.44.1860; and

3.

Do not disturb plants and/or animals found on the following resource lists, as updated:

a.

Inventory of Rare and Endangered Plants, by the California Native Plant Society; and

b.

Special Animals and Special Vascular Plants, Bryophytes and Lichens, by the California Department of Fish and Game.

B.

Limitations. The Director may not issue an administrative CDP if the proposed development:

1.

Lies within the Coastal Commission's continuing permit jurisdiction pursuant to the California Coastal Act, Public Resources Code section 30519.

2.

Involves a structure or similar integrated physical construction that lies partly within and partly outside the Coastal Commission's appeal area.

3.

Will have a significant adverse environmental impact, either individually or cumulatively, on sensitive coastal resources.

4.

Involves any division of land, including but not limited to subdivisions or minor land divisions pursuant to the Subdivision Map Act, or lot-line adjustments.

C.

Application. An applicant shall submit the materials and information required in Section 22.44.840.

D.

Application review. If the Director receives an application that does not qualify for an administrative CDP, the applicant will be notified within 10 days of filing the application that the application must comply with the processing procedures for either a minor or major CDP as set forth in Section 22.44.840. The Director, with the concurrence of the applicant, may accept the application for filing as a minor or major CDP and shall adjust the application fees accordingly.

E.

Decision by the Director or Hearing Officer. Administrative CDPs not appealable to the Coastal Commission shall be decided by the Director. Administrative CDPs that are appealable to the Coastal Commission shall be set for public hearing before and decided by the Hearing Officer.

F.

Notice. Notice shall be provided as follows:

1.

Notice shall be posted at the site of the proposed development in accordance with the procedures set forth in Section 22.44.970. The Director shall revoke the administrative CDP pursuant to the procedures set forth in Section 22.44.1140 if it is determined that the administrative CDP was granted without proper notice having been given, and that proper notice would have had the potential of altering the decision of the Director to act differently in issuing the permit.

2.

Notice shall be mailed to all owners of property located within 500 feet of the parcel(s) where development is proposed.

3.

Notice of administrative CDPs shall also be mailed by first class mail to any persons known to be interested in the proposed development and any persons who have informed the Director in writing that they wish to receive such notice.

4.

The applicant shall provide any additional notice to the public that the Director deems necessary.

G.

Action.

1.

The Director may deny, approve, or conditionally approve an administrative CDP on the same grounds as contained in Sections 22.44.850 and 22.44.1000, and may include terms and conditions necessary to bring the project into consistency with the certified LCP.

2.

The Hearing Officer may deny, approve or conditionally approve an administrative CDP on the same grounds as contained in subsection G.1 above, for a minor or major CDP application, and may include reasonable terms and conditions necessary to bring the project into consistency with the certified LCP.

3.

Administrative CDPs issued shall be governed by the procedures used in approving minor and major CDPs set forth in Sections 22.44.830 through 22.44.870, 22.44.890, 22.44.910 through 22.44.940, 22.44.970 through 22.44.1030, and 22.44.1090 through 22.44.1140.

H.

Appeals of administrative Coastal Development Permit applications.

1.

Not appealable to the Coastal Commission. The decision of the Director on an administrative CDP application may be appealed to the Hearing Officer within 14 calendar days following the date on the notice of action. The Hearing Officer may approve, deny or modify the decision of the Director.

2.

Appealable to the Coastal Commission.

a.

The decision of the Hearing Officer on an administrative CDP may be appealed to the Commission within 14 calendar days following the date on the notice of action. Upon appeal, the Commission may approve, deny, or modify the decision of the Hearing Officer; and

b.

The decision of the Commission concerning an appeal of the Hearing Officer's decision, may be appealed to the Coastal Commission by any aggrieved person, or any two members of the Coastal Commission, pursuant to the provisions of Section 22.44.1050.

I.

Report to the Regional Planning Commission.

1.

Any administrative CDP issued by the Director or Hearing Officer shall be reported in writing to the Commission at their first regularly scheduled meeting after the permit is approved and the appeal rights listed in subsection H have been exhausted. The Director shall prepare a development report to allow the Commission to understand the development to be undertaken. This report shall be available at the meeting and shall have been mailed to the Commission, to any person who requested to be on the mailing list for the project, and to all persons wishing to receive such notification, at the time of the regular mailing of notice for the Commission meeting.

2.

If one-third or more of the full membership of the Commission so request, the issuance of an administrative CDP shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a major CDP application subject to all provisions of this LIP.

3.

If a decision of the Hearing Officer on an administrative CDP is appealed to the Commission consistent with subsection H.2, then no report to the Commission is required.

J.

Effective date. A decision on an administrative CDP shall not be deemed final and effective until all the following have occurred:

1.

The Director or Hearing Officer has made a decision on the application.

2.

All rights of appeal have been exhausted.

3.

The Commission review of the administrative CDP is complete and the Commission did not object to the decision, as provided for in subsection 1.2 above.

4.

Notice of final decision prepared in accordance with Section 22.44.1030 has been received by the Coastal Commission, and, where applicable, the 10-working-day appeal period determined as set forth in subsection B of Section 22.44.1090 has passed without the filing of an appeal.

K.

Amendments.

1.

Amendments to administrative CDPs issued by the Director may be approved by the Director upon the same criteria and subject to the same reporting requirements as procedures, including public notice and appeals, as provided for in this section.

2.

Amendments to administrative CDPs issued by the Hearing Officer may be approved by the Hearing Officer upon the same criteria and subject to the same reporting requirements as procedures, including public notice and appeals, as provided for in this section.

3.

If any amendment would, in the opinion of either the Director or the Hearing Officer, as the case may be, change the nature of the approved project, or change or delete a previously-imposed condition of approval so that it no longer meets the criteria established for treating the application as an administrative CDP pursuant to this section, then the application shall thereafter be treated in the manner prescribed in Section 22.44.1130 dealing with amendments to CDPs.

4.

The Director or Hearing Officer shall not approve amendments to administrative CDPs issued by the Executive Director of the Coastal Commission.

(Ord. 2019-0004 § 1, 2019.)

A.

Purpose. A Coastal Development Permit-oak tree (CDP-OT), a specific type of minor CDP, is required for oak tree removal or encroachment: (a) to recognize oak trees as significant historical, aesthetic and ecological resources, and as one of the most picturesque trees in the County, lending beauty and charm to the natural and manmade landscape, enhancing the value of property, and the character of the communities in which they exist; and (b) to create favorable conditions for the preservation and propagation of this unique, threatened plant heritage, particularly those trees which may be classified as heritage oak trees, for the benefit of current and future residents of the County. It is the intent of this section to maintain and enhance the general health, safety and welfare by assisting in counteracting air pollution and in minimizing soil erosion and other related environmental damage. This CDP-OT is also intended to preserve and enhance property values by conserving and adding to the distinctive and unique aesthetic character of many areas of the Coastal Zone in which oak trees are indigenous. The objective of the CDP-OT is to preserve and maintain healthy oak trees in the development process.

B.

Damaging or removing oak trees prohibited—Permit requirements.

1.

Except as otherwise provided in subsection C below, a person shall not cut, destroy, remove, relocate, inflict damage or encroach into a protected zone of any tree or shrub of the oak genus which is: (a) six inches or more in diameter, as measured four and one-half feet above mean natural grade; in the case of an oak with more than one trunk, (a combination of any two trunks measuring a total of eight inches or more in diameter), as measured four and one-half feet above mean natural grade, on any lot or parcel of land within the Coastal Zone; or (b) any tree that has been provided as a replacement tree, pursuant to subsection O below or pursuant to a condition required on a CDP granted by the Coastal Commission, on any lot or parcel of land within the Coastal Zone, unless a CDP-OT is first obtained as provided by this section.

2.

"Damage," as used in this section, includes any act causing or tending to cause injury to the root system or other parts of a tree, including, but not limited to, burning, application of toxic substances, operation of equipment or machinery, or by paving, changing the natural grade, trenching or excavating within the protected zone of an oak tree.

3.

"Protected zone," as used in this section, shall mean that area within the dripline of an oak tree and extending therefrom to a point at least five feet outside the dripline, or 15 feet from the trunks of a tree, whichever distance is greater.

C.

Exemptions. The provisions of this section shall not apply to:

1.

Any oak tree removal or encroachment for which there is a valid, unexpired Coastal Commission-granted CDP and a valid, unexpired oak tree permit, issued by the County pursuant to Part 16 of Chapter 22.56 prior to the date of effective certification of this LCP.

2.

Cases of emergency caused by an oak tree within 200 feet of an existing structure being in an immediately hazardous or dangerous condition or on a vacant parcel of land being a threat to the safety of public property or utilities or being irretrievably damaged or destroyed through a natural disaster such as flood, fire, wind or lightning, as determined after visual inspection by a licensed forester with the County Fire Department, Forestry Division, where the continuing presence of the tree is an immediate danger to public safety. The Director may consider cases of emergency due to infestation or disease that threaten surrounding trees, in consultation with the Department Biologist and the County Fire Department, Forestry Division.

3.

Emergency or routine maintenance by a public utility necessary to protect or maintain an electric power or communication line or other property of a public utility.

4.

Tree maintenance, limited to medium pruning of branches not to exceed two inches in diameter in accordance with guidelines published by the National Arborists Association, (see Class II), intended to insure the continued health of a protected tree.

5.

Trees planted, grown and/or held for sale by a licensed nursery.

6.

Trees within existing road rights-of-way where pruning is necessary to obtain adequate line-of-sight distances and/or to keep street and sidewalk easements clear of obstructions, or to remove or relocate trees causing damage to roadway improvements or other public facilities and infrastructure within existing road rights-of-way, as required by the Director of Public Works.

7.

The Director may require an administrative CDP, subject to the provisions of Section 22.44.940, instead of a minor CDP where a single tree is proposed to be removed in conjunction with the use of a single-family residence listed as a permitted use in the zone.

D.

Application—Filing—Repeated filings. Any person desiring a CDP-OT, as provided for in this section, may file an application with the Director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by the Hearing Officer, Director, or the Commission on an application requesting the same or substantially the same permit.

E.

Application—Information and documents required. An application for a CDP-OT shall include the following information and documents:

1.

The name and address of the applicant and of all persons owning any or all of the property proposed to be used.

2.

Evidence that the applicant:

a.

Is the owner of the premises involved; or

b.

Has written permission of the owner or owners to make such application;

3.

Location of subject property (address, APN number, or vicinity if address is unavailable).

4.

Legal description of the property involved.

5.

a.

A site plan drawn to a scale satisfactory to, and in the number of copies prescribed by the Director, indicating the location and dimension of all of the following existing and proposed features on the subject property:

i.

Lot lines;

ii.

Streets, highways, access and other major public or private easements;

iii.

Buildings and/or structures, delineating roof and other projections;

iv.

Yards;

v.

Walls and fences;

vi.

Parking and other paved areas;

vii.

Proposed areas to be landscaped and/or irrigated;

viii.

Proposed construction, excavation, grading and/or landfill. Where a change in grade is proposed, the change in grade within the protected zone of each plotted tree shall be specified;

ix.

The location of all oak trees subject to this section proposed to be subject to encroachments within the protected zone, removed and/or relocated, or within 200 feet of proposed construction, grading, landfill or other development activity. Each tree shall be assigned an identification number on the plan, and a corresponding permanent identifying tag shall be affixed to the north side of each tree in the manner prescribed by subsection O.6.e below. These identifications shall be utilized in the oak tree report and for physical identification on the property where required. The protected zone shall be shown for each plotted tree;

x.

Location and size of all proposed replacement trees;

xi.

Proposed and existing land uses;

xii.

Location of all surface drainage systems; and

xiii.

Other development features which the director deems necessary to process the application.

b.

Where a concurrent application for a CDP, variance, tentative map for a subdivision, including a minor land division or other approval, is filed providing all of the information required by this subsection E, the Director may waive such site plan where he deems it unnecessary to process the application;

6.

An oak tree report, prepared by an individual with expertise acceptable to the Director and County Forester and Fire Warden, and certified to be true and correct, which is acceptable to the Director and County Forester and Fire Warden, of each tree shown on the site plan required by this subsection E, which shall contain the following information:

a.

The name, address and telephone number during business hours of the preparer;

b.

Evaluation of the physical structure of each tree as follows:

i.

The circumference and diameter of the trunk, measured four and one-half feet above natural grade;

ii.

The diameter of the tree's canopy, plus five feet, establishing the protected zone;

iii.

Aesthetic assessment of the tree, considering factors such as but not limited to symmetry, broken branches, unbalanced crown, excessive horizontal branching;

iv.

Recommendations to remedy structural problems where required;

c.

Evaluation of the health of each tree as follows:

i.

Evidence of disease, such as slime flux, heart rot, crown rot, armillaria root fungus, exfoliation, leaf scorch and exudations;

ii.

Identification of insect pests, such as galls, twig girdler, borers, termites, pit scale and plant parasites;

iii.

Evaluation of vigor, such as new tip growth, leaf color, abnormal bark, deadwood and thinning of crown;

iv.

Health rating based on the archetype tree of the same species; and

v.

Recommendations to improve tree health, such as insect or disease control, pruning and fertilization;

d.

Evaluation of the applicant's proposal as it impacts each tree shown on the site plan, including suggested mitigation and/or future maintenance measures where required and the anticipated effectiveness thereof;

e.

Identification of those trees shown on the site plan which may be classified as heritage oak trees. Heritage oak trees are either of the following: any oak tree measuring 36 inches or more in diameter, measured four and one-half feet above the natural grade; any oak tree having significant historical or cultural importance to the community, notwithstanding that the tree diameter is less than 36 inches; and

f.

Identification of any oak tree officially identified by a County resource conservation district;

g.

All information required in subsection B.2.d of Section 22.44.1870.

7.

The applicant shall provide an oak tree information manual prepared by and available from the County Forester and Fire Warden to the purchasers and any homeowners' association.

F.

Application—Burden of proof.

1.