Chapter 17.10
Purpose and Applicability of the Coastal Land Use and Development Code
Sections:
17.10.010 Purposes of Coastal Land Use and Development Code
17.10.020 Authority, Relationship to Coastal General Plan and Local Coastal Program
17.10.030 Responsibility for Administration
17.10.040 Applicability of the Coastal Land Use and Development Code
17.10.010 - Purposes of the Coastal Land Use and Development Code
Title 17 of the Fort Bragg Municipal Code constitutes the City of Fort Bragg Coastal Land Use and Development Code, hereafter referred to as “this Development Code” and, in part, constitutes the Implementation Program portion of the City’s Local Coastal Program and carries out the policies of the Fort Bragg Coastal General Plan, by classifying and regulating the uses of land and development within the geographic portion of the City located within the coastal zone, consistent with the Coastal Zone General Plan. This Development Code is adopted to protect coastal resources, and to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the City. More specifically, the purposes of this Development Code are to:
A. Provide standards and guidelines for the continuing orderly growth and development within the coastal zone of the City that will assist in protecting the character and community identity of Fort Bragg;
B. Conserve and protect the City’s coastal resources including public access opportunities, visitor and recreational facilities, marine resources, biological resources, environmentally sensitive habitat areas, archaeological resources, waterways, hills and trees, scenic vistas, and other historic and environmental resources;
C. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;
D. Minimize automobile congestion by promoting pedestrian-oriented development, safe and effective traffic circulation, and adequate off-street parking facilities;
E. Ensure compatibility between different types of development and land use;
F. Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners; and
G. Prevent damage and injury from disasters such as flood, tsunamis, and geologic hazards.
17.10.020 - Authority, Relationship to Coastal General Plan and Local Coastal Program
A. Authority. The regulations within this Development Code are enacted based on the authority vested in the City of Fort Bragg by the State of California, including but not limited to: the California Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the California Coastal Act (Public Resources Code Section 30000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).
B. Consistency with Coastal General Plan and Local Coastal Program (LCP). This Development Code is a primary tool used by the City to carry out the goals, programs, and policies of the Fort Bragg Coastal General Plan. The Fort Bragg City Council intends that all provisions of this Development Code be consistent with the Coastal General Plan. Any development approved in compliance with these regulations shall be consistent with this Development Code, the Coastal General Plan, and all other components of the Local Coastal Program (LCP).
C. LCP provisions. The following provisions of this Development Code constitute the City’s ordinances for the implementation of the Fort Bragg LCP, in compliance with the California Coastal Act:
Article 1 - Coastal Land Use and Development Code Applicability
Article 2 - Zoning Districts and Allowable Land Uses
Article 3 - Site Planning and Project Design Standards
Article 4 - Standards for Specific Land Uses (excluding Chapter 17.40 Adult Oriented Business Regulations)
Article 5 - Resource Management
Article 6 - Site Development Regulations
Article 7 - Planning Permit Procedures (excluding Chapter 17.72 Environmental Impact Assessment and Mitigation Monitoring)
Article 8 - Subdivision Regulations and Procedures
Article 9 - Coastal Land Use and Development Code Administration (excluding Chapter 17.98 Enforcement and Penalties)
Article 10 - Glossary & Index
The following Chapters are not part of the certified LCP and shall not govern the review and approval of coastal development permits:
Chapter 17.40, Adult Oriented Business Regulations;
Chapter 17.72, Environmental Impact Assessment and Mitigation Monitoring; and
Chapter 17.98, Enforcement and Penalties
17.10.030 - Responsibility for Administration
A. Responsible bodies and individuals. This Development Code shall be administered by: the Fort Bragg City Council, hereafter referred to as the "Council;" the Planning Commission, referred to as the "Commission;" the Community Development Director, referred to as the "Director;" and the Community Development Department, hereafter referred to as the "Department."
B. Exercise of discretion. In the event that a provision of this Development Code allows the review authority for a permit or other decision to exercise discretion in the application of a specific standard or requirement to a project, but does not identify specific criteria for a decision, discretion shall be based on the following criteria:
1. The proposed project complies with all applicable provisions of this Development Code;
2. The exercise of discretion will act to improve the compatibility of the proposed project with its site, surrounding properties, and the community, to a greater extent than if discretion were not exercised;
3. The manner in which discretion is exercised will result in a more practical application of the provisions of this Development Code given specific characteristics of the site and its surroundings than if discretion were not exercised; and
4. The decision is consistent with the Coastal General Plan, Local Coastal Program, or any other applicable regulation or standard.
17.10.040 - Applicability of the Coastal Land Use and Development Code
This Development Code applies to all land uses, subdivisions, and other development as defined by Article 10 (Glossary & Index) of this Development Code within the geographic portion of the City of Fort Bragg located within the coastal zone
A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Development Code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with this Development Code. No Building Permit or Grading Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Development Code.
B. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Development Code shall be consistent with the minimum parcel size requirements of Article 2 (Zoning Districts and Allowable Land Uses), Article 8 (Subdivision Regulations and Procedures), and all other applicable requirements of this Development Code.
C. Continuation of an existing land use. An existing land use is lawful and not in violation of this Development Code only when operated and maintained in compliance with all applicable provisions of this Development Code, including Chapter 17.90 (Nonconforming Uses, Structures, and Parcels). However, the requirements of this Development Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Development Code or any applicable amendment, except as otherwise provided by Chapter 17.90.
D. Effect of Development Code changes on projects in progress.
1. A planning permit application (Article 7) that has been accepted by the Department as complete prior to the effective date of this Development Code or any amendment, shall be processed in compliance with the requirements in effect when the application was accepted as complete.
2. A project that is under construction prior to the effective date of this Development Code, need not be changed to satisfy any new or different requirements of this Development Code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.
E. Minimum requirements. The provisions of this Development Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Development Code provides for discretion on the part of a review authority (designated City official or body), that discretion may be exercised to impose more stringent requirements than set forth in this Development Code, as may be determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Development Code.
F. Conflicting requirements.
1. Development Code and Municipal Code provisions. If conflicts occur between requirements of this Development Code, or between this Development Code and the Fort Bragg Municipal Code, or other regulations of the City, the most restrictive shall apply.
2. Development agreements or specific plans. If conflicts occur between the requirements of this Development Code and standards previously adopted as part of any development agreement, the requirements of the development agreement shall apply.
a. A development agreement vests on approval, but it shall not change otherwise applicable Development Code requirements.
b. All development agreements entered into after the effective date of the Coastal General Plan or the Coastal Land Use and Development Code shall be consistent with the Coastal General Plan and the Coastal Land Use and Development Code.
3. Private agreements. This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs), without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement, or a portion thereof.
G. Federal lands. Federal agencies are not subject to the provisions and permit requirements of these regulations, the City’s Local Coastal Program, or the permit requirements of the California Coastal Act, but are subject to the consistency process provided by the federal Coastal Zone Management Act (CZMA). Non-federal development on federal lands may be subject to both the CZMA consistency process, and the requirements of this Coastal Land Use and Development Code and the California Coastal Act.
H. State, County, Local Agency, and School District sites and facilities. The requirements of this Development Code shall apply to all sites and facilities of the State of California, County of Mendocino, and any school district or other local agency within the City to the maximum extent allowed by law.
I. Other requirements may apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any State, or Federal agency.