Chapter 9-5

* Chapter 5 consisting of Article 1 entitled ’Purpose”, consisting of Section 9-5.100, Article 2 entitled “General Provisions”, consisting of Section 9-5.200, Article 3 entitled “Coastal Permit”, consisting of Sections 9-5.301 through 9-5.305, Article 4 entitled “Administration and Procedure”, consisting of Sections 9-5.400 through 9-5.413, Article 5 entitled “Fees”, consisting of Sections 9-5.500 and 9-5.501, Article 6 entitled “Enforcement”, consisting of Sections 9-5.600 through 9-5.602, Article 7 entitled “District Regulations”, consisting of Sections 9-5.700 through 9-5.705, and Article 8 entitled “Definitions”, consisting of Sections 9-5.800 through 9-5.865, as added by Ordinance No. 751-87 C-M, effective October 8, 1987, repealed and reenacted by Ordinance No. 759-87 C-M, effective December 10, 1987, repealed by Ordinance No. 789-88 C-M, effective December 8, 1988.

Article 1. Purpose

9-5.100 Purpose.

The purpose of the Coastal Zone is to provide separate and exclusive regulations for lands within the Coastal Zone; implement the Coastal Land Use Plan and policies; protect and foster agriculture; assure that new development occurs in close proximity to developed areas capable of accommodating it and thereby minimizing energy consumption and vehicle miles traveled; assure that agricultural lands shall not be converted to nonagricultural use until continued or renewed agricultural use is not feasible; protect the coastal visual resources, environmentally sensitive habitat areas, and water resources; and enhance public access to the shoreline and to public recreation facilities.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Article 2. General Provisions

9-5.200 Zoning.

Development in the Coastal Zone shall be subject to the provisions of this chapter. In addition, the provisions of Title 14 (Zoning) of this Code shall apply in the regulation of any development or land use affected by this chapter. If any conflict should exist, the most restrictive of the regulations shall apply.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.201 Annexation.

The City will not pursue any additional annexations to the City west of Highway One, nor support any annexation requests to the City from third parties in that geographic area, except for the Green Farm parcel (Santa Cruz County Tax Assessor’s Parcel Number 0-52-271-04).

(§ 1, Ord. 1096-00 C-M, eff. October 12, 2000)

Article 3. Coastal Permits

9-5.301 Purpose.

The purpose of the coastal permit is to insure that development within the Coastal Zone District is consistent with the Local Coastal Land Use Plan, the Local Coastal Implementation Program, and the coastal permit requirements of the State and the City.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.302 General provisions.

All uses within the Coastal Zone District shall be allowed only with the approval of a coastal permit, except as provided in Section 9-5.304 of this article relating to exemptions.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.303 Permit procedures.

An application for a coastal permit shall be reviewed concurrently with other required permits. Uses requiring only a coastal permit shall be acted upon by the Council. A public hearing shall be held prior to the approval of a coastal permit.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.304 Exemptions.

The following shall be exempt from the permit requirements of this article:

(a) Roads. The repair and maintenance of existing roads and traffic control devices provided there is no addition to, or expansion of, the existing public road and no permanent street closure or abandonment of local streets providing coastal access;

(b) Utilities, sewers, flood control, and public works facilities. The repair, maintenance, and minor alteration of utilities, sewers, flood control, and public works facilities which do not increase capacity or which are required to restore service or prevent service outages;

(c) Transmission facilities. The installation, maintenance, and repair of underground electrical facilities (including power, telephone, and television lines) and the conversion of existing overhead facilities to underground facilities provided the work is limited to public road or railroad rights-of-way or public utility easements and provided the site is restored as closely as reasonably possible to its original condition;

(d) Weed abatement. The removal of minor vegetation for maintenance purposes (tree trimming, weed abatement); within environmentally sensitive habitats, the weed abatement exemption shall apply only to removal of non-native species such as pampas grass and genista (broom);

(e) Safety devices. The installation of new safety devices and pollution control facilities within existing structures or equipment where land coverage, height, or bulk will not be increased;

(f) Grading. The grading of fifty (50) cubic yards or less outside an established public or private right-of-way; the exemption shall not apply within an environmentally sensitive habitat or archaeological site;

(g) Parks. The routine maintenance of existing public parks, including the repair or modification of existing public facilities where the level or type of public use or the size of structures will not be altered;

(h) Industrial facilities. The routine repair, maintenance, and minor alteration of existing facilities, provided such repair, maintenance, or alteration is necessary for ongoing production and does not expand the area or operation of the existing plant, and the minor modification of existing structures required by governmental safety and environmental regulations where necessary to maintain existing structures and where the height or bulk of existing structures will not be altered;

(i) Federal agency projects. Projects undertaken by Federal agencies;

(j) Projects with coastal permits. Development authorized by a valid coastal permit issued by the Coastal Commission or in areas where the Coastal Commission retains the original permit jurisdiction;

(k) Replacement after natural disasters. The replacement of any structure, other than a public works facility, destroyed by a natural disaster if the replacement structure:

(1) Will be for the same use as the destroyed structure; and

(2) Will not exceed the floor area, height, or bulk of the destroyed structure by more than ten (10%) percent; and

(3) Will be sited in the same location on the affected property as the destroyed structure;

(l) Improvements to existing single-family residences and mobile homes. Improvements to existing single-family residences and mobile homes, including the following:

(1) Additions and improvements to fixtures or other structures attached to the residence or accessory structures normally associated with a single-family residence, such as garages, swimming pools, decks, gazebos, patios, greenhouses, driveway paving, and other similar non-habitable improvements; and

(2) Site landscaping;

(m) Improvements to existing duplexes and multi-family residences. Improvements to existing duplexes and multi-family residences, including the following:

(1) Additions and other improvements to an existing duplex or multi-family residence, including improvements to any fixture or other structure directly attached to the residence or to structures on the property normally associated with a duplex or multi-family residence, such as garages, swimming pools, fences, storage sheds, decks, gazebos, patios, greenhouses, driveway paving, and other similar nonhabitable improvements; and

(2) Site landscaping;

(n) Interior remodeling. All interior remodeling, residential and nonresidential, except where the use is being converted to a more intensive use;

(o) Land divisions. Land divisions brought about in connection with the acquisition of such land by a public agency for recreational purposes or for agricultural leasing;

(p) Tree removal. Tree removal and the trimming of all dead, severely damaged, or diseased trees and other plants, except for those trees covered by Chapter 13 of Title 7 of this Code; and

(q) Sidewalks and bikeways. Maintenance, repair and construction of all sidewalks and bikeways within public rights-of-way, except for new construction beyond the developed edge of the roadway or within sensitive habitat areas;

(r) Special events. Except where the event will be of a different use and/or greater intensity than the permitted development where it is to be held or where the City determines that the event has the potential to:

(1) Either individually or together with other temporary events scheduled before or after the particular event precludes the general public from use of a public recreational area for a significant period of time;

(2) The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources; or

(3) The event is scheduled between Memorial Day weekend and Labor Day and would restrict public use of roadways or parking area or otherwise significantly impact public use or access to coastal waters.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended by § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

9-5.305 Findings required.

The hearing body shall find that the development:

(a) Is consistent with the General Plan, the Local Coastal Land Use Plan, and the Local Coastal Implementation Program;

(b) Will protect vegetation, natural habitats, and natural resources consistent with the Local Coastal Land Use Plan;

(d) Complies with the specific performance standards of Section 9-5.705 of Article 7 of this chapter; and

(e) That the special findings have been made which are listed in Section 9-5.705 of Article 7 of this chapter for each area.

(§ 1, Ord. 789-88 C-M, eff December 8, 1988)

Article 4. Administration and Procedure

9-5.400 General.

The administrative and procedural regulations of Chapter 10 of Title 14 of this Code shall apply, except as modified by this article. A public hearing shall be held prior to action on any coastal permit.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.401 Applications for reviews.

Applications for any administrative, legislative, or review procedure prescribed by this chapter shall be filed in the office of the Zoning Administrator on the forms prescribed therefor.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.402 Effective date of actions.

The effective date of permits or any authorized action depends on whether such action can be appealed, as well as whether or not legal review of public access, open space or conservation easements can be appealed.

(a) The coastal permit shall become effective within fourteen (14) working days after it is approved, unless it is appealed to another City reviewing body pursuant to the provisions of this article, or one or more of the following apply:

(1) The coastal permit is appealed to the Coastal Commission pursuant to the provision of this article, in which case the City shall refrain from issuing the coastal development permit unless and until:

(i) The Coastal Commission finds that the appeal raises no substantial issue; or

(ii) The appeal is withdrawn;

(2) The Coastal Commission notifies the City that the notice of final action for an appealable development, filed pursuant to Section 9-5.412 of this article, does not meet the requirements of Section 13571 of the Administrative Code of the State; or

(3) Legal review of public access, open space or conservation easements or similar documents by the Executive Director of the Coastal Commission is required pursuant to Section 13574(a) of the Administrative Code of the State. In such case the city shall refrain from issuing the coastal development permit until the appeal, if any, has been resolved by the Coastal Commission and:

(i) Fifteen (15) working days have passed since the receipt of the documents by the Executive Director, if notification of inadequacy has not been received by the City within this time period; or

(ii) The Executive Director notifies the City that the deficiencies have been resolved, following notification of inadequacy.

(b) If, upon appeal, the Coastal Commission approves or denies a coastal development permit for the project, the City coastal permit action will be stayed indefinitely and the City’s coastal permit shall not be issued.

(c) If not stayed by any of the above circumstances, the City’s final decision on appealable development shall become effective only after the ten (10) working day Coastal Commission appeal period expires. Such Coastal Commission appeal period is established by the receipt date, in the District Office of the Commission, of the notice of final action pursuant to Section 9-5.412 of this article.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.403 Authority to notice hearings.

The Zoning Administrator is hereby authorized to advertise and to notice a public hearing as provided in this article for the Coastal Commission and the City Clerk for the Council when required by this article or when such hearing is considered desirable or necessary in order to carry out the purpose of this chapter. No defect in the notice procedure shall affect jurisdiction to take action on a matter.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.404 Notices of hearings: Mailing.

Notice of a public hearing shall be posted by certified mail, postage prepaid, not less than ten (10) days prior to the date of the hearing to each owner of property contiguous to the property in question or separated therefrom only by a public easement or right-of-way and to each property owner within 100 feet of the perimeter of the property in question.

In the case of applications for developments which are appealable in accordance with Section 9-5.410 of this article, such notice shall be provided within ten (10) calendar days of acceptance of the application. Notice by first class mail shall also be given, in accordance with the above time limits, to the following:

(a) Additional persons. Such additional persons as the Council, Commission, or Zoning Administrator may deem advisable;

(b) Mailing to interested persons. Persons who have requested to be on a mailing list for specific projects or for any category of coastal decision, (e.g., permits, amendments, or exclusions) within the City and have provided a self-addressed stamped envelope to the Planning Department;

(c) Mailing to Coastal Commission. One copy of the hearing notice shall be sent to the District Office of the Coastal Commission.

(d) Mailing to Neighboring Residents. All residents, not included above, within 100 feet of the perimeter of the parcel on which the development is proposed.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1989)

9-5.405 Notices of hearings: Posting.

Notice of a public hearing shall be given by posting notices in at least three (3) conspicuous places within 100 feet of the subject property not less than ten (10) days prior to the date of the hearing.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.406 Notices of hearings: Publication.

Notice of the time and place of a public hearing shall be given by at least one publication in a newspaper of general circulation in the City not less than ten (10) days prior to the date of the hearing.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.407 Notices of hearings: Mailing to applicants.

One copy of the notice of a public hearing shall be mailed to the applicant or agent of the applicant.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.408 Notices of hearings: Contents.

Notices of public hearings shall contain the following information:

(a) The case number assigned;

(b) The description of the project and its proposed location;

(d) A statement about coastal permit requirements (that is, exempt or required);

(e) The date of the filing of the application and the name of the applicant;

(f) The time and date of the hearing;

(g) The address and place of the hearing;

(h) A general description of the property involved;

(i) A statement that any interested person is invited to appear and either endorse or object to the application in question;

(j) A statement as to whom an appeal may be taken and the time limit established for such appeal, if any;

(k) The procedure for appealing coastal permits to the Coastal Commission, if applicable; and

(l) A statement that anyone so requesting shall be notified of the action on the application in question.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.409 Continuance of hearings.

Any public hearing may be continued from time to time by the body or official conducting the hearing, subject to limitations provided by law, and in such cases no further notice need be given.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.410 Appeals to the Coastal Commission.

(a) Coastal permits shall be either appealable or non-appealable to the Coastal Commission. The determination shall be made by the Zoning Administrator at the time the application is filed.

(b) Coastal permits shall be only appealable after all City appeals are exhausted, except for appeals by members of the Coastal Commission, and in cases where the appellant is denied the right of local appeal because the City’s notice or hearing procedure did not comply with the provisions of this article; in such cases, the appeal may be made directly to the Coastal Commission.

(1) Only the following coastal permit applications shall be appealable to the Coastal Commission:

(i) Developments approved by the City which are located in a sensitive coastal resource area or within 100 feet of the stream or wetland; and

(ii) Any major public works project or major energy facility where:

(aa) “Major public works” means any of the following that cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars with an automatic increase in accordance with the Engineering News Record Construction Cost Index:

(ba) All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities;

(bb) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities;

(bc) All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district;

(bd) All community college facilities.

(ab) Notwithstanding the criteria in subsection (1)(ii)(aa) of this subsection (b), “major public works” also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.

(ac) “Major energy facility” means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy that costs more than One Hundred Thousand and no/100ths ($100,000.00) Dollars with an automatic increase in accordance with the Engineering News Record Construction Cost Index.

(2) An appeal may be filed only by the applicant, an aggrieved person as defined by this chapter, or any two (2) members of the Coastal Commission. An appeal shall be made in accordance with the appeal procedures contained in this article, except that appeals by any two (2) members of the Coastal Commission shall be filed prior to the effective date of the permit, or not later than ten (10) working days following the date of receipt of the notice of final action in the Coastal Commission’s District Office, whichever is later. Appeals by members of the Coastal Commission may be made following decisions of the reviewing body, Zoning Administrator, Planning Commission, or City Council.

(3) Grounds of appeal, pursuant to subsections (1)(i) and (1)(ii) of this subsection (b) shall be limited to an allegation that the development does not conform to the certified Local Coastal Program.

(4) Appeals to the Coastal Commission pursuant to this section must be filed with the Coastal Commission on forms prescribed by and available from the Coastal Commission.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

9-5.411 Emergency permits.

Where a building, grading and/or encroachment permit is required as an emergency measure to protect life and property from imminent danger or to restore, repair, or maintain public works, utilities, or services during and immediately following a natural disaster or serious accident, and a coastal development permit authorized by this chapter is needed to accompany such local permits, an emergency permit may be issued in accordance with the following provisions:

(a) For purposes of this section, an emergency shall be as defined in Section 9-5.837 of Article 8 of this chapter;

(b) Applications for emergency permits shall be made within three (3) days of the disaster or discovery of danger. Such applications shall be made to the Planning Director, in writing if time allows, or by telephone or in person if time does not allow.

(c) The information to be reported during the emergency, if it is possible to do so, or as soon as possible after the emergency, shall include the following:

(1) The nature of the emergency;

(2) The cause of the emergency, insofar as this can be established;

(3) The location of the emergency; and

(4) The remedial, protective or preventative work required to deal with the emergency.

(d) The Planning Director shall verify the facts, including the existence and nature of the emergency, insofar as time allows.

(e) The Planning Director shall provide public notice of the proposed emergency work, with the intent and type of notice determined on the basis of the nature of the emergency.

(f) The Planning Director may grant an emergency permit based upon reasonable terms and conditions, including language indicating that the work accomplished under an emergency permit is considered temporary unless a regular permit is issued for the work, an expiration date and the necessity for a regular permit application later, if he or she finds that:

(1) An emergency exists that requires action more quickly than permitted by the procedures for regular permits administered pursuant to this chapter, and the work can and will be completed within thirty (30) days unless otherwise specified by the terms of the permit;

(2) Public comment on the proposed emergency action has been reviewed, if time allows; and

(3) The work proposed would be consistent with the requirements of the certified Local Coastal Program.

(g) Within thirty (30) days of the application for an emergency permit pursuant to subsection (b) of this section, the permittee, or property owner if different than the permittee, shall file a completed application for a coastal development permit and any other planning permits deemed necessary by the Planning Director.

(h) The Planning Director shall report emergency permits to the City Council at their next regular meeting and to the Coastal Commission pursuant to Section 9-5.412 of this article. The decision to issue an emergency permit is solely at the discretion of the Planning Director although subsequent coastal permits required for the project are subject to all applicable hearing requirements as specified in this chapter.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended by § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

9-5.412 Notices of final action.

Within seven (7) calendar days after the approval of a coastal permit, the City shall provide notice of its action by first-class mail to the Coastal Commission and to any person who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the Planning Department. Such notice shall include the conditions of approval and written findings and the procedures for the appeal of the local decision to the Coastal Commission. Such notice shall also be provided by the City or by the applicant in accordance with Section 13571(b) of the Administrative Code of the State for any developments approved by operation of law pursuant to Sections 65950 through 65957.1 of the Government Code of the State.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.413 Life of coastal permits.

(a) Expiration.

(1) Each approved permit shall expire and become null and void after twelve (12) months after the date on which it is approved, unless exercised; a lesser time may be specified.

(2) An approved permit shall apply to the subject property and run with the land. Once exercised, an approved permit shall remain effective unless terminated or modified and shall remain effective even if the subject property is rezoned.

(3) An approved permit shall be transferable to any future owner of the subject property.

(b) Extension of coastal permits. Any coastal permit may be extended for an additional period no to exceed one year by the body which approved the permit. A public hearing duly noticed pursuant to the noticing requirements of Sections 9-5.404 through 9-5.408 shall be held to consider the extension. The extension request may be granted only if the reviewing body determines that there are no changed circumstances that may affect the consistency of the development with the Local Coastal Program. Notice of the reviewing body’s determination of changed circumstances shall be provided consistent with the provisions of Section 9-5.412.

The determination of whether or not changed circumstances exist shall be appealable to the Coastal Commission as described in Section 9-5.410 for the following coastal permit extension requests: (1) if the original coastal permit was appealable to the Coastal Commission; or (2) if the development authorized by the original coastal permit would be appealable pursuant to Section 9-5.410 at the time the extension request is received by the City.

If the reviewing City body, or the Coastal Commission on appeal, determines that changed circumstances exist that may affect the consistency of the development with the Local Coastal Program, then the extension request shall be denied and the development shall be set for a full public hearing on the development as if it were a new application. In such a case, the Applicant shall not be required to file a new coastal permit application, but instead shall submit any information that the City, or the Executive Director of the Coastal Commission if on appeal, deems necessary to evaluate the effect of the changed circumstances.

Any extension applied for prior to the expiration of the coastal permit shall automatically extend the time for commencement of development until such time as the reviewing body has acted upon the coastal permit extension request. The Applicant shall not undertake development during the period of automatic extension.

(c) Revocation of permits. In any case where the conditions to the granting of a permit have not been or are not complied with, the decision-making body which approved the permit shall give notice thereof to the permittee, specifying a reasonable period of time within which to perform such conditions and correct such violation. If the permittee fails to comply with such conditions, or correct such violation, the permit shall be revoked.

(d) Modifications. The Zoning Administrator shall refer any request for modifications to an approved coastal permit to the decision-making body that approved the coastal permit. A public hearing duly noticed pursuant to the noticing requirements of Sections 9-5.404 through 9-5.408 shall be held prior to modifying an approved coastal permit. Notice of the reviewing body’s action on the request for modifications shall be provided consistent with the provisions of Section 9-5.412.

Any action on a coastal permit modification request shall be appealable to the Coastal Commission as described in Section 9-5.410 for the following coastal permit modification requests: (1) if the original coastal permit was appealable to the Coastal Commission; (2) if the development authorized by the original coastal permit would be appealable pursuant to Section 9-5.410 at the time the modification request is received by the City; or (3) if the modification requested is such that the proposed modified project would be appealable pursuant to Section 9-5.410.

A modification request may be granted only if the reviewing body, either the City or the Coastal Commission if on appeal, determines that: (1) the proposed modification would not lessen or avoid the intended effect of the approved coastal permit; and (2) the modified project would be consistent with the Local Coastal Program. If the modification request is denied by the City, or by the Coastal Commission if on appeal, then the terms and conditions of the original coastal permit shall remain in effect.

A request for modification shall not stay the expiration date of the coastal permit for which the modification is requested.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended by § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

9-5.414 Review of open space easements and public access documents.

As required by Section 13574(a) of the Administrative Code of the State, all coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures:

(a) Upon completion of permit review by the City and prior to the issuance of the permit, the City shall forward a copy of the permit conditions, findings of approval, and copies of all legal documents specified in the conditions of approval for public access and conservation/open space easements. Such documents shall be forwarded to the Executive Director of the Coastal Commission for review and approval of the legal, adequacy and consistency with the requirements of potential accepting agencies. This process does not apply to review of street and road dedications or other unrelated documents.

(b) Following the submittal of the legal documents, the City may issue the permit, subject to the time limits and conditions specified in Section 9-5.402 of this Article.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Article 5. Fees

9-5.500 General.

The purpose of this article is to set forth a schedule of fees determined necessary and adequate for the administration and application of the provisions of this chapter.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.501 Fees established.

Fees to be charged upon filing the applications required by the provisions of this chapter shall be established by resolution of the Council. All fees established shall be paid in full at the time an application is made, and, unless otherwise provided, no part of such fee shall be refundable. The fees established shall be additional to the fees or costs required for permits, approvals, or licenses under any other title of this Code. No fee will be required for coastal permit appeals.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Article 6. Enforcement

9-5.600 General.

The provisions of Chapter 14 of Title 14 of this Code shall apply in addition to the provisions of this article.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.601 Enforcement.

It shall be the duty of the Zoning Administrator, with the assistance of other City departments, to administer and enforce the provisions of Article 3 of this chapter relating to coastal permits.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.602 Violations: Penalties.

A violation of this chapter in the Coastal Zone may also constitute a violation of the California Coastal Act of 1976 (Sections 30000 et seq. of the Public Resources Code of the State) and may subject the violator to the remedies, fines, and penalties set forth in Chapter 9 of the California Coastal Act of 1976 (Sections 30800 et seq. of said Public Resources Code).

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Article 7. District Regulations

9-5.700 General.

This article provides Coastal Zone (CZ) District regulations.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.701 Purpose.

The purpose of this article is to provide distinct zones within the coastal area; to establish development standards for each area to protect the resources, sensitive habitats, and agricultural uses of such land; and to preserve agricultural land and protect it against premature urban development.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.702 District.

The CZ District shall be subdivided into six (6) areas identified in the official Coastal Land Use Plan for the City, referred to in this article as the Coastal Land Use Plan. On the City Zoning Map the lands shall be designated as follows:

(a) Area A designated CZ-A;

(b) Area B designated CZ-B;

(d) Area D designated CZ-D;

(e) Area E designated CZ-E; and

(f) Area R designated CZ-R (Highway One and local street right-of-ways).

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended by § 1, Ord. 1080-99 C-M, eff. September 23, 1999; and § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

9-5.703 Principal permitted uses.

All principal permitted uses shall be subject to an Administrative Use Permit issued through the public hearing process by the Zoning Administrator.

(a) Zone A.


GLU	81	Public Parks
GLU	86	Open Lands
GLU	93	Pasture and Native Grasses
GLU	94	Animals and Agriculture

(b) Zone B.


GLU	91	Irrigated agriculture
GLU	92	Nonirrigated agriculture
GLU	93	Pasture and native grasses
GLU	94	Animals, agriculture


GLU	91	Parks, public
GLU	86	Open lands, publicly owned, and privately owned aquaculture facilities
GLU	89	Public and quasi-public open space
GLU	91	Irrigated agriculture
GLU	92	Nonirrigated agriculture
GLU	93	Pasture and native grasses
GLU	94	Animals, agriculture
GLU	98	Wetlands

(d) Zone D.


GLU	4911	Electrical generating plants
GLU	4942	Water treatment plants
GLU	495	Sewage disposal facilities

(e) Zone E.


GLU	496	Landfill, sanitary

(f) Zone R.


DLU	4321	Streets, local (improvements within the existing roadway prism)
DLU	4324	Freeways (improvements within the existing roadway prism)
DLU	89	Public and quasi-public open space

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988, as amended by § 1, Ord. 1043-98 C-M, eff. February 12, 1998, § 1, Ord. 1051-98 C-M, eff. May 28, 1998; § 1, Ord. 1080-99 C-M, eff. September 23, 1999; and § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

9-5.704 Conditional uses.

The following uses shall be subject to the approval of a Special Use Permit issued through the public hearing process by the Council:

(a) Zone A.


DLU	432	Highway right-of way (within the existing roadway area)

(b) Zone B.


DLU	5811	Restaurants
GLU	68	Transient accommodations
DLU	6801	Hotels
DLU	6802	Motels
DLU	432	Highway right-of-way (within the existing roadway area)


DLU	01	Single-family residence
DLU	1282	Industrial machinery, equipment, and supplies—wholesale
DLU	19	Industrial nonmanufacturing, miscellaneous
DLU	3565	Industrial pattern makers
DLU	4213	Industrial truck services
DLU	432	Highway right-of-way (within the existing roadway area)
DLU	71	Public schools until January 1, 2010; after January 1, 2010, public schools are not a conditional use unless they are already constructed; subject to Section 9-5.705(c).

Also any of the principal permitted uses of the IP-Industrial Park District, as of August 30, 1985, subject to the regulation of both districts, except that the height, setback and other standards of the IP District shall not supercede any of these Coastal Zone regulations.

(d) Zone D. None.

(e) Zone E.


GLU	81	Parks, public
GLU	84	Public recreational facilities
GLU	86	Open lands
GLU	89	Public and quasi-public open space
GLU	91	Irrigated agriculture
GLU	92	Nonirrigated agriculture
GLU	94	Animals, agriculture
GLU	98	Wetlands, sloughs, marshes, and swamps
GLU	49	Waste recycling and conversion facilities
GLU	491	Electric utility facilities (Solar)
GLU	492	Gas works, gasholders

(f) Zone R.


DLU	4321	Streets, local (improvements beyond the existing roadway prism)
DLU	4324	Freeways (improvements beyond the existing roadway prism)
DLU	47	Public and quasi-public open space

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended by § 1, Ord. 1080-99 C-M, eff. September 23, 1999; and § 1, Ord. 1096 C-M, eff. October 12, 2000, § 1, Ord. 1233-08 (CM), eff. March 26, 2008)

9-5.705 Regulations.

All applications for development including land divisions and public works projects, shall follow the Specific Development Standards listed in Appendix D of the Coastal LUP which sets minimum standards for erosion; sediment; runoff; timing/and area; soils; and vegetation.

All applications for any development in which excavations, grading, filling, or clearing of vegetation is to be performed shall include, where applicable, the information listed in Appendix D, Item G, “Information Requirements” of the Coastal LUP.

In addition, all applications for development or use permits shall comply with the specific area regulations and conditions of approval, if any, which are necessary to meet the special findings required in each area zone as follows:

(a) Zone A. Performance standards.

(1) Maximum lot coverage by impervious surfaces: fifty (50%) percent (exclude the riparian habitat from the lot area to calculate the impervious surface allowed).

(2) Special conditions:

(i) Riparian habitat areas shall be kept in a natural state.

(ii) Maximum slope of the developed portion of the lot (before grading): fifteen (15%) percent.

(iii) Any structures within the jurisdiction of an FAA clear zone shall have prior approval of the Federal Aviation Administration.

(iv) A field search for the endangered Santa Cruz Tarweed shall be conducted by a qualified botanist during the time of year in which the plant is expected to be in bloom (between June and October) on the parcel(s) in question before approval of any development. The report of such field investigation shall be forwarded to the State Department of Fish and Game for evaluation. If any portion of the site is confirmed to be an endangered plant habitat, such area shall be treated as an environmentally sensitive habitat, kept in natural state, and protected from the intrusion of humans, erosion, vehicular traffic, and other activities which could significantly disrupt the habitat.

(3) Minimum setback from riparian habitat: fifty (50') feet.

(b) Zone B. Performance standards.

(1) Minimum lot area and dimensions:


Area, interior and corner lots	5 acres
Frontage	50 feet

(2) Minimum yard setbacks:


Front	15 feet
Side and rear	10 feet

(3) Maximum building height and lot coverage:


Lot coverage by impervious surfaces	50%
Density, hotels/motels for entire area	100 units maximum
Height	3 stories/35 feet

(4) Special conditions and findings required for issuing Special Use Permits:

(i) For nonagricultural uses, an agricultural viability report has been prepared which indicates that continued agricultural use is demonstrated to be infeasible;

(ii) That public sewer and water services, if necessary, can and will be provided to the site, and only if such services are:

(aa) The minimum size necessary to serve the permitted development;

(ab) Provided by only one City sewer and water line under Highway One north of Beach Road (i.e., this connection must be shared by any development on Area C that also is allowed public sewer and/or water service) unless all of the following occur:

(ba) Caltrans will not allow the placement of a utility line to be installed in the Caltrans right-of-way within the City limits;

(bb) The City makes a finding that there is a one-foot nonaccess strip surrounding any pipelines through County land which prohibits any tie-ins to the lines and which is dedicated to a non-profit agency;

(bc) The City makes a finding that any pipelines through County lands are located inland of the Santa Cruz County Utility Prohibition Overlay District adopted pursuant to the MOU required by City of Watsonville Local Coastal Program Amendment 1-99;

(bd) The utility line(s) through the County is (are) found consistent with the County local coastal program and have received an appealable County coastal permit; and

(be) The connecting lines within the City limits comply with all other applicable provisions of the ordinance codified in this article; and

(ac) Applied for as specified in Section 9-5.705(g) (10);

(iii) That the proposed facility could not be located in an existing developed area;

(iv) That the development will utilize topographical shielding and/or dense planting to minimize impact upon views from Highway 1; and

(v) A field search for the endangered Santa Cruz Tarweed shall be conducted by a qualified botanist during the time of year in which the plant is expected to be in bloom (between June and October) on the parcel(s) in question before approval of any development. The report of such field investigation shall be forwarded to the State Department of Fish and Game for evaluation. If any portion of the site is confirmed to be an endangered plant habitat, such area shall be treated as environmentally sensitive habitat, kept in a natural state, and protected from the intrusion of humans, erosion, vehicular traffic, and other activities which could significantly disrupt the habitat.

(1) Minimum lot area and dimensions.


Area per housing unit (density)	5 acres
Lot area per housing unit	1 acre (see Section 9-5.705(c)(4)(viii))
Area for industrial use	20,000 square feet
Frontage	100 feet

Any development on Area C, other than habitat restoration activities, shall be confined to the development envelope shown in Land Use Plan Figure 2A. All nonagricultural development on Area C shall be clustered within a building envelope no larger than eight (8) contiguous acres, with the exception that a public school (subject to Section 9-5.704(c)) shall be located within a building envelope no larger than forty-two (42) contiguous acres. (Exclude wetland, riparian habitat, and other environmentally sensitive habitat areas from development envelope and density calculations.)

(2) Minimum yard setbacks.


Front	20 feet
Interior side	5 feet
Rear	20 feet
Riparian habitat	100 feet
Wetland or transitional zone	100 feet

Hanson Slough: top of slope at the edge of the development envelope depicted on Land Use Plan Figure 2A.

West Branch of Struve Slough: top of slope at the edge of the development envelope depicted on Land Use Plan Figure 2A.

(3) Maximum building height and lot coverage. Lot coverage by impervious surface: ten (10%) percent, or up to a maximum total of eighteen (18) acres for a public school only (subject to Section 9-5.704(c)), subject to Section 9-5.705(c)(5). Vehicular parking areas shall be minimized. The number of parking spaces shall be based upon Watsonville Municipal Code requirements for off-street parking as of March 16, 2000. For a public school, this means:

(i) Elementary or junior high school: one parking space per employee, plus twenty (20) public parking spaces;

(ii) High school: one parking space per employee, plus one parking space per seven (7) student classroom seats;

(iii) College or university: one parking space per three (3) student classroom seats.

Height: thirty (30) feet as measured from finished grade, subject to Section 9-5.705(g)(3). However, up to two (2) buildings may exceed the thirty (30) foot limit so long as each building has a maximum height of thirty-seven (37) feet, is a public school facility, and does not exceed eighteen thousand (18,000) square feet.

(Exclude wetland, riparian habitat, and other environmentally sensitive habitat areas from gross parcel acreage for purposes of calculating maximum impervious surface coverage.)

(4) Special conditions and findings required for issuing a special use permit and/or coastal permit:

(i) Habitat preservation and restoration uses that remove agricultural land from production in or adjacent to habitat areas or on slopes are permitted, pursuant to a restoration plan prepared by a biologist pursuant to Section 9-5.705(g)(4). For other nonagricultural use an Agricultural Viability Report must be prepared and must have concluded: (1) continued agricultural use is demonstrated to be infeasible pursuant to Section 9-5.815; or (2) if agricultural use on the site (or the part of the site proposed for nonagricultural use) has ceased, then nonagricultural use may be permitted only if renewed agricultural use is demonstrated to be infeasible pursuant to Section 9-5.815. An exception to making this finding (in the preceding sentence) may only be made to allow a public school (subject to Section 9-5.704(c)). Nonagricultural development within Area C shall not be allowed unless a Specific Plan (see Section 9-5.705(c)(4)(xv)) is first adopted that: defines all development areas for Area C; provides permanent measures to protect areas within Area C outside of the development envelope shown on Land Use Plan Figure 2A and outside of the building envelope pursuant to Section 9-5.705(c)(1); and ensures that all plan policies will be met. Any nonagricultural use of a portion of Area C shall be sited to optimize agricultural use on the remainder of the site and on adjacent agricultural lands in unincorporated Santa Cruz County, including, but not limited to, maintenance of a 200-foot agricultural buffer consistent with Section 9-5.705(g)(6). Limited public school parking, sports fields, and pathways only shall be allowed within the “Public School Restricted Use Area” portion of the 200-foot agricultural buffer on the perimeter of Area C as shown on Land Use Plan Figure 2A; buildings and any other structures shall be prohibited in this area. For a public school only, the 200-foot agricultural buffer located along the northern boundary of the public school property may contain a 150-foot “Public School Restricted Use Area” on the southern edge of the buffer within which limited public school parking, sports fields, and pathways only shall be allowed; buildings and any other structures shall be prohibited in this area.

(ii) Environmentally sensitive habitat areas must be kept in a natural state and protected from intrusion of humans, domestic animals and livestock (including but not limited to adequate screening to block noise, glare, lights and visibility associated with same), from erosion, sedimentation and contaminated runoff, and from loud noise or vehicular traffic. Any development activity that alters drainage patterns to the portion of Hanson Slough at the southwestern corner of Area C shall provide for restoration of this portion of Hanson Slough to a functional wetland; this shall be provided for in a Biological Restoration Plan (Section 9-5.705(g)(4)). All environmentally sensitive habitat areas shall be buffered. There are three (3) environmentally sensitive habitat areas and at least three (3) environmentally sensitive habitat area buffer areas on Area C as depicted on Land Use Plan Figure 2A; the following environmentally sensitive habitat areas and buffering requirements shall be provided for by the Biological Restoration Plan (Section 9-5.705(g)(4)) as follows:

(aa) For the environmentally sensitive habitat area located between the top of slope at the edge of the development envelope depicted on Land Use Plan Figure 2A and the West Branch of Struve Slough: Within this environmentally sensitive habitat area, invasive exotics shall be removed and appropriate native grasses (e.g., from a native plant palette recommended by the California Department of Fish and Game) shall be planted. A weed control plan shall be implemented to increase native plant coverage. The unimproved access ways in this area shall not be improved, and, preferably, shall be removed and revegetated. No other uses shall be allowed in this area with the exception of one area of utility crossing (i.e., one wastewater pipeline, one potable water pipeline, and associated infrastructure) provided that these utilities are otherwise allowed by this article. Any such area shall be the minimum width necessary to accommodate the utilities;

(ab) For the buffer area located between the top of slope at the edge of the development envelope depicted on Land Use Plan Figure 2A and Hanson Slough: Within this buffer, invasive exotics shall be removed and native grasses (e.g., from a native plant palette recommended by the California Department of Fish and Game) shall be planted. Passive recreation (such as a pedestrian trail), supervised education and active wetland restoration and research activities are allowed in this buffer;

(ac) For the 100 foot buffer area around the Hanson Slough riparian area located along the western boundary of Area C: Within this buffer, invasive exotics shall be removed and native grasses (e.g., from a native plant palette recommended by the California Department of Fish and Game) shall be planted; and

(ad) For the area along Harkins Slough Road east of Lee Road that acts as a buffer to the California Department of Fish and Game Ecological Preserve: Within this buffer, invasive exotics shall be removed and native trees, shrubs and native grasses (e.g., from a native plant palette recommended by the California Department of Fish and Game) shall be planted. Within this buffer, one access road of the minimum width necessary to accommodate the permitted use shall be allowed if otherwise allowed by this article.

All environmentally sensitive habitat areas and environmentally sensitive habitat area buffers shall be permanently maintained and protected. Deed restrictions, open space/conservation easements, or other such legal instruments shall be required for such buffer areas.

(iii) Maximum slope of developed portion of lot (before grading): fifteen (15%) percent except for isolated areas of slopes greater than fifteen (15%) within the development envelope shown on Land Use Plan Figure 2A and if required for construction of a public school only (subject to Section 9-5.704(c)), subject to Section 9-5.705(c)(5).

(iv) A field search for the endangered Santa Cruz Tarweed shall be conducted by a qualified botanist during the time of year in which the plant is expected to be in bloom (between June and October) on all of Area C before approval of any development. The report of such field investigation shall be forwarded to the California Department of Fish and Game for evaluation of the report’s analysis and conclusion(s). If any portion of the site is confirmed by the Department of Fish and Game to be endangered plant habitat, such area shall be treated as environmentally sensitive habitat to which the Local Coastal Program environmentally sensitive habitat policies apply.

(v) Any development relying upon a septic tank or other on-site system, shall submit a specific design and engineering analysis by a licensed soils engineer, which demonstrates both sufficient separation between leaching fields and winter groundwater levels, and that the requirements of the Regional Water Quality Board are complied with.

(vi) Any development in a streambed must be conditional upon execution of and compliance with an Agreement (“1603 Agreement”) with the California Department of Fish and Game under the requirements of Sections 1601 1603 of the California Public Resources Code.

(vii) Appropriate native trees, shrubs, and grasses shall be planted in the required setback area, consistent with a Biological Restoration Plan (Section 9-5.705(g)(4)) prepared by a qualified wetland biologist wherever development is adjacent to an environmentally sensitive habitat area, in such a manner as to provide a dense visual screen, impede human access and enhance bird roosting and nesting. Adjacent to running water, native riparian species are appropriate. In other areas native upland species are appropriate.

(viii) Residential lots may be smaller than the allocated density to allow for clustering. Any permitted residential use shall be clustered on the smallest lots possible with shared driveways and the remainder open space retained for agricultural uses. Residential development shall only occur within the development envelope shown on Land Use Plan Figure 2A.

(ix) Sewer (only for a public school, subject to Section 9-5.704(c)) and/or potable water service may be provided only if all of the following circumstances apply to such utility(ies):

(aa) They must be applied for and reviewed pursuant to Section 9-5.705(g)(10);

(ab) They shall be financed in a way which does not require or involve assessments against or contributions from properties along Lee Road outside of Area C, or against any agricultural property;

(ac) They shall be the minimum size pipes, pumps, and any other facility(ies) necessary to accommodate the permitted use, and evidence is provided from a licensed civil engineer indicating that this is the case;

(ad) They shall be designed and built to end as a hook-up to the allowed development with no other stubs on or off the site;

(ae) They shall incorporate dedication of a one-foot or greater nonaccess easement surrounding the outer boundary of the parcel(s) on which the development to be served by the utility(ies) will occur. The extensions of sewer service and potable water shall be prohibited across the nonaccess easement and the easement shall be dedicated to a public agency or private association approved by the City Council. The City Council must find that the accepting agency has a mandate or charter to carry out the purposes of the easement dedication (e.g., the Department of Fish and Game or a nonprofit land trust would be candidate entities to accept such an easement);

(af) The wastewater connection shall emanate from only one City sewer line (no greater than six (6") inches wide if a force main, or eight (8") inches wide if a gravity line) under Highway One north of Beach Road except that two (2) lines may be pursued if the requirements of subsection (ai) of this subsection (c)(4)(ix) are met. In such case, no more than two (2) sewer lines shall cross Highway One. If a sewer line is extended for a public school along Harkins Slough Road, such line shall be no greater than a six (6) inch force main and shall enter the school site as near to Highway One as possible;

(ag) There is a current City of Watsonville-adopted, legally-binding instrument (e.g., a memorandum of understanding) that provides that, except for the “Green Farm” parcel (Santa Cruz Tax Assessor’s Parcel Number 052-271-04), the City will not pursue any additional annexations to the City west of Highway One, nor support any annexations to the city from third parties in that geographic area, unless both of the following findings can be made:

(ba) The land to be annexed is not designated Viable Agricultural Land Within the Coastal Zone (Type 3) by the Santa Cruz County General Plan/Local Coastal Program Land Use Plan, or the land to be annexed has been re-designated from Viable Agricultural Land Within the Coastal Zone to a different land use designation by the County of Santa Cruz through a Local Coastal Program Land Use Plan amendment and rezoning; and

(bb) The land is not Environmentally Sensitive Habitat, (including wetlands) as defined in Title 16, Section 16.32 of the County’s LCP or in Sections 30107.5 or 30121 of the Coastal Act;

In the event that a third party annexation west of Highway One is approved inconsistent with subsection (ba) or (bb) of this subsection (c)(4)(ix) (ag), the City will limit zoning of the incorporated land to that zoning most equivalent to the County’s agriculture or open space designation, and prohibit (1) the extension of urban services to this land, and (2) any subdivisions of the annexed land except those required for agricultural lease purposes;

(ah) Adequate capacity is available to serve the site; for water, the result shall not be a worsening of the groundwater overdraft situation; and

(ai) They must be placed within the City of Watsonville city limits, unless all of the following occur: (1) Caltrans will not allow such lines to be installed in the Caltrans right-of-way within the City limits; (2) the City makes a finding that there is a one-foot non-access strip surrounding the pipeline through County land which prohibits any tie-ins to the line and which is dedicated to a nonprofit agency; (3) the City makes a finding that any pipelines through County lands are located inland of the Santa Cruz County Utility Prohibition Overlay District adopted pursuant to the MOU required by City of Watsonville Local Coast Plan Amendment 1-99; (4) the line(s) through the County is (are) found consistent with the County local coastal program and have received an appealable County coastal permit; and (5) the connecting lines within the City limits comply with all other applicable provisions of this article.

(x) No subdivision or other adjustment of parcel lines shall be allowed which results in the creation of any parcel that cannot accommodate development consistent with Zone C performance standards unless the parcel is permanently protected pursuant to Section 9-5.705(g)(5) and dedicated to agriculture or another open space use.

(xi) All development visible from Highway One and/or other Coastal Zone roads shall be sensitively designed and subordinate to preservation of the public viewshed. All development shall be designed to be compatible with the rural agricultural character of the surrounding rolling hill landscape (See also Section 9-5.705(g)(3)).

(xii) If improved site access is required to serve permitted development on Area C, such access shall be constructed from West Airport Boulevard and not Harkins Slough Road if this is feasible and corroborating evidence shows it to be the least environmentally damaging alternative. If this is not feasible, then the City shall recommend to Santa Cruz County that any improvements to Harkins Slough Road (including, but not limited to road widening), shall include replacing the West Branch of Struve Slough culverts under Harkins Slough Road with a bridge of adequate span to provide for flood protection and habitat connectivity between the West Branch of Struve Slough on Area C and the California Department of Fish and Game Reserve, unless an alternative that is environmentally equivalent or superior to a bridge is identified. The City shall also recommend against any fill of any portion of the West Branch of Struve Slough except for incidental public services. Any Harkins Slough Road improvements at the Hanson Slough crossing shall provide adequate culverts to ensure habitat connectivity. Development shall be designed to minimize the extent of any such Harkins Slough Road improvements; improvements not necessary to serve the permitted development are prohibited. Any such road improvements shall include measures to protect habitat, and shall be sited and designed to minimize the amount of noise, lights, glare, and activity visible and/or audible within the West Branch of Struve Slough. Night lighting shall be limited to the minimum necessary to meet safety requirements and shall incorporate design features that limit the height and lumination of the lighting to the greatest extent feasible; provide shielding and reflectors to minimize on-site and off-site light spill and glare to the greatest extent feasible; avoid any direct lumination of sensitive habitat areas; and, incorporate timing devices to ensure that the roadway is illuminated only during those hours necessary for school functions and never for an all-night period. Any such improvements to Harkins Slough Road shall be within the parameters of a Biological Restoration Plan prepared for such project pursuant to Section 9-5.705(g)(4).

(xiii) Prior to the exercise of any Coastal Development Permit for Area C, a valid Coastal Development Permit issued by the County of Santa Cruz for any off-site improvements outside of Area C directly related to development within Area C shall be in place. The only exception to this requirement shall be for the off-site improvements (including the bridge at Harkins Slough Road if Harkins Slough Road is to be used for access pursuant to Land Use Policy III (C)(3)(o), road improvements and utilities outside of Area C directly related to development of a public school within Area C necessary to support a public school in Area C. In the event that the development within Area C will be a public school, off-site improvements outside of Area C directly related to development within Area C, pursuant to a valid Coastal Development Permit, shall be completed and open for public use prior to occupancy of the public school. If Harkins Slough Road is used for access, via a bridge pursuant to Land Use Policy III (C)(3)(o), the Coastal Development Permit for a public school within Area C may be exercised upon the award of a contract for an environmental impact report or other applicable environmental study addressing the bridge and off-site road improvements and utilities outside of Area C directly related to development of a public school within Area C and, further, upon provision of written confirmation of available, committed funding for the bridge and environmental study thereof.

(xiv) All site runoff shall be captured and filtered to remove typical runoff pollutants. Runoff from all surfaces subject to vehicular traffic shall be filtered through an engineered filtration system specifically designed to remove vehicular contaminants. All filtered runoff that is suitable for groundwater recharge and/or wetland restoration purposes shall be directed to groundwater basins and/or wetlands in such a manner as to avoid erosion and/or sedimentation. All requirements of Section 9-5.705(g)(8) shall be implemented.

(xv) Area C is designated as a Special Study Area where development is subject to a Specific Plan, unless that development is: (1) one residence per existing parcel; or (2) a public school. All other development, subdivision, and/or lot line adjustment is subject to a Specific Plan. The Specific Plan shall: define all development areas for Area C; provide permanent measures to protect areas within Area C outside of the development envelope shown on Land Use Plan Figure 2A and outside of the building envelope pursuant to Land Use Plan Policy C.3.q and Section 9-5.705(c)(1) of this article; provide permanent measures to protect areas within agricultural and environmentally sensitive habitat areas and buffers; and ensure that all Local Coastal Program policies will be met. At a minimum, the Specific Plan shall:

(aa) Allow for nonagricultural development only on the parcel(s) or portion(s) of parcel(s) found infeasible for continued or renewed agricultural use under Land Use Plan Policy III.C.4 and Section 9-5.705(c)(4) of this article and only within the development envelope shown on Land Use Plan Figure 2A;

(ab) Not allow any subdivision or other adjustment of parcel lines that cannot accommodate development consistent with Area C performance standards unless the parcel is permanently protected and dedicated to agriculture or another open space use;

(ac) Allow for resubdivision of existing parcels which is encouraged to better meet LCP objectives for Area C;

(ad) Comply with all standards for development of Area C; and

(ae) The Specific Plan shall also:

(ba) Delineate a maximum building envelope of 8 acres within the development envelope shown on Land Use Plan Figure 2A that is found infeasible for continued or renewed agricultural use;

(bb) Within the maximum building envelope, the maximum impervious surface coverage is seven (7) acres; the remaining one or more acres is for landscaping and other pervious surface uses;

(bc) Allow for subdivision for residential purposes resulting in lots as small as one acre (minimum size for septic systems), provided that there is a maximum of fifteen (15) residences permitted; and

(bd) Allow for portions of residential parcels to extend beyond the eight (8) acre maximum building envelope, provided that any such portions are restricted to agricultural uses or comprise the 200 foot agricultural buffer.

(5) Criteria for an increase in impervious surface coverage and development on slopes. An increase in impervious surface coverage (up to eighteen (18) acres of that portion of Area C within the development envelope defined in Land Use Plan Figure 2A) and development on isolated areas of slopes greater than fifteen (15%) (within the development envelope shown on Land Use Plan Figure 2A) on Area C may be allowed for a public school (subject to Section 9-5.704(c)) only if: (a) the following findings are made; and (b) the following mitigation measures are included as enforceable conditions of any coastal development permit granted for a public school:

(i) Required Findings:

(aa) The impervious surface coverage is the minimum necessary to accommodate a public school of a size documented as needed by the school district to serve existing and projected student populations and to meet State School Sizing Criteria;

(ab) There is no feasible alternative location;

(ac) The siting clusters the school as much as possible to leave as much of the nonhabitat part of the site available for continued agriculture, open space or habitat restoration;

(ad) Airport safety.

(ba) The Pajaro Valley Unified School District has, prior to submitting an application for a coastal development permit but after March 16, 2000, given written notice to the State Department of Education pursuant to California Education Code Section 17215, to request an airport safety and noise evaluation of any portion of Area C proposed for development. This notice shall request that this evaluation take into account changed circumstances since the 1992/97 Caltrans Aeronautics review, including but not limited to the following:

(ca) The public school development envelope approved by City of Watsonville Land Use Plan Amendment 1-99;

(cb) Relevant factors listed in the revised Office of Airport Procedures of the Aeronautics Program, dated December 19, 1998 (e.g., flight activity, type of aircraft, proposed operation changes, etc.);

(cc) The proposed runway extension; and

(bb) The City has received Department of Education documentation, pursuant to subsection (ba) of this subsection (C)(5)(i)(ad) indicating which portions of Area C are safe for public school development with respect to potential airport safety concerns; and

(ae) The design is evocative of, and designed to be compatible with, the rural agricultural character of the surrounding rolling hill landscape.

(ii) Required coastal development permit conditions.

(aa) The public school shall include: (1) an environmental stewardship program, with an interpretive and teaching plot adjacent to the upper finger of Hanson Slough on Area C for students to conduct supervised environmental restoration; and (2) a sustainable agricultural education component (e.g., similar to that at Watsonville High School) that may include some agricultural study plots on site.

(ab) There shall be no exterior night lighting, other than the minimum lighting necessary for pedestrian and vehicular safety purposes. All lighting shall be directed away from environmentally sensitive habitat areas and shall not be visible from any vantage point within environmentally sensitive habitat areas. All interior lighting shall be directed away from windows which are visible from environmentally sensitive habitat areas. All lighting shall be downward directed and designed so that it does not produce any light or glares off-site.

(ac) The Applicant shall develop a wetland restoration and landscape plan with input from a qualified wetland biologist and hydrologist that incorporates, at a minimum, all of the provisions of Section 9-5.705(c)(4)(b) of this article and that shall provide for the restoration of all buffer areas (from environmentally sensitive habitat areas and agriculture). The plan shall be submitted and approved by the City prior to issuance of the coastal development permit. The Applicant shall post a bond with the City of sufficient amount to provide for all environmental enhancements and all mitigation measures that are identified in any final environmental document(s) certified for the project.

(ad) There shall be screening between habitat and areas with human activity so that such areas shall not be visible from any vantage point within environmentally sensitive habitat areas.

(ae) All site runoff shall be captured and filtered to remove typical runoff pollutants. Runoff from all surfaces subject to vehicular traffic shall be filtered through an engineered filtration system specifically designed to remove vehicular contaminants. All filtered runoff that is suitable for groundwater recharge and/or wetland restoration purposes shall be directed to groundwater basins and/or wetlands in such a manner as to avoid erosion and/or sedimentation.

(af) Any land on Area C not incorporated into the building envelope for a public school shall be used only for agricultural purposes, open space, or habitat restoration, with the 200 foot buffer from the school and the fields adjusted accordingly. If the land is purchased by a school district, the district must present a binding agreement to offer the excess land for agricultural, open space, or habitat restoration use. An agreement to offer land for agricultural use must be made at no greater than fair market rents. Legal access must be provided to any remainder agricultural parcel, without any restrictions as to the farm employees’ use.

(ag) Any agricultural wells on Area C that would be displaced by school development shall be made available at no more than current market costs to adjacent or nearby farmers, if such farmers demonstrate a need for the water and it can be feasibly transported to their fields.

(ah) The permittee shall record a deed restriction or an open space/conservation easement that provides that all agricultural and environmentally sensitive habitat areas and their buffers shall be permanently maintained and protected (see Section 9-5.705(g)(5)). All agricultural and environmentally sensitive habitat areas and their buffers shall be offered to appropriate resource management agencies and/or non-profit organizations along with sufficient funding to implement any mitigations or conditional requirements applicable to these areas.

(ai) An agricultural hold-harmless, right-to-farm agreement shall be recorded as a deed restriction on the property pursuant to Section 9-5.705(g)(7).

(aj) Any special event not associated with instructional programs and/or athletic events at the school that exceeds the maximum permitted student and employee capacity of the school, and/or that may adversely affect adjacent habitat areas, shall require a coastal development permit and shall be subject to all Area C performance standards.

(ak) There shall be a landscaping and grounds maintenance plan that provides for minimizing the use of pesticides, herbicides, and fertilizers, and protecting against adverse impacts associated with them. Such plan shall be submitted for the review and approval of the City. Pesticides and herbicides shall only be used if there is a documented problem and not on a regular preventative schedule, and shall not be applied if rain is expected. Nonchemical fertilizers are preferred. The least toxic alternatives, and the minimum necessary for the problem, shall be used in any case. The landscaping and grounds maintenance plan shall include nutrient control parameters.

(al) All mitigation measures that are identified in any final environmental document(s) certified for the project shall be incorporated as conditions of approval. In the event that any such mitigation measures are in conflict with these required conditions and/or with any Area C or other Local Coastal Program performance standards, then the conflicting portion of any such mitigation measure shall not be incorporated as a condition of approval.

(am) Prior to the issuance of a Coastal Development Permit, the applicant shall submit a full geotechnical investigation consisting, at a minimum, of the following:

(ba) Sufficient borings to fully characterize the soil conditions underlying all of the principal structures to be constructed;

(bb) Quantitative demonstration of bearing capacity of the soils;

(bc) Quantitative evaluation of lateral pressures to be expected due to the expansive nature of the soils at the site;

(bd) A seismic analysis consisting of the determination of the maximum credible earthquake at the site, corresponding maximum ground acceleration, and an estimate of the maximum duration of ground shaking;

(be) Evaluation of the potential for undiscovered potentially active fault strands crossing the site;

(bf) Quantitative analysis of slope stability for all natural and artificial slopes to be built for both static loads and for accelerations expected for the maximum credible earthquake at the site. Geotechnical parameters used in these calculations should be obtained from laboratory analyses of undisturbed samples collected at the site. In the case of fill slopes, geotechnical parameters may be estimated from fill materials similar to anticipated material to be used at the site;

(bg) Evaluation of shallow groundwater conditions occurring naturally at the site, and anticipated changes that will occur as a result of grading. In particular, the potential accumulation of perched groundwater at the contact between artificial fills and clay-rich natural soils should be addressed;

(bh) Demonstration that the planned drainage and detention system will be sufficient to prevent accumulation of perched ground water at the base of fills during, at a minimum, a 100-year storm event. Demonstration that peak runoff during such an event will be reduced to allowable levels before being discharged to the natural watersheds downstream of the site;

(bi) Evaluation of potential for liquefaction of natural soils and of artificial fills. In particular, the potential for liquefaction of artificial fills due to the presence of perched groundwater at the base of fills should be addressed;

(bj) All foundations and structures must be constructed to conform to the California Building Code using design parameters which take into account ground shaking expected in the maximum credible earthquake for the site. Special attention should be paid to possible misalignment of foundation supports brought about by the expansive soils at the site.

(an) The high school shall develop a refuse containment and maintenance program that includes at least the following components: fully enclosed or animal-proof garbage containers; specifically designated eating areas; and provisions built into maintenance contracts requiring that all eating areas anywhere on campus be swept clean on a daily basis.

(d) Zone D. Performance standards.

(1) Waste discharge requirements of the Regional Water Quality Control Board shall be met.

(2) Any new structures visible from the Pajaro River bicycle path shall be designed to minimize visual intrusion.

(e) Zone E. Performance standards.

(1) Waste discharge requirements of the Regional Water Quality Control Board shall be met.

(2) A fifty (50') foot setback from the environmentally sensitive habitat areas identified in the Coastal Land Use Plan for the City and County shall be provided.

(3) A reclamation plan providing for landscape contouring and vegetation consistent with proposed and surrounding land uses shall be submitted.

(4) The riparian habitat shall be kept in a natural state, and measures shall have been taken to protect the riparian habitat areas on the site and adjacent sites.

(5) A field search for the endangered Santa Cruz Tarweed shall be conducted by a qualified botanist during the time of year in which the plant is expected to be in bloom (between June and October) on the parcel(s) in question before approval of any development. The report of such field investigation shall be forwarded to the California Department of Fish and Game for evaluation. If any portion of the site is confirmed.

(f) Zone R, Performance standards.

(1) New off-ramps from Highway One shall be prohibited if designed to relieve congestion generated by public school development on Area C.

(2) New off-ramps from Highway One and/or additional road capacity for any roads, offramps, or overpasses within this district (e.g., Rampart Road, Airport Boulevard off-ramp, Main Street, Harkins Slough Road overpass) shall be prohibited unless all of the following have occurred:

(i) A traffic study has been completed by a qualified transportation engineer demonstrating that there exists a severe congestion problem inland of Highway One (i.e., level of Service D at peak periods) that cannot be solved by other feasible means (including but not limited to modifying traffic signal timing and alternative transportation measures) other than the new off-ramp or road widening project;

(ii) The project includes pedestrian, bicycle, and transit components, except in the case of off-ramp improvements only; and

(iii) There is a current City of Watsonville-adopted, legally-binding instrument (e.g., a memorandum of understanding) that provides that, except for the “Green Farm” parcel (Santa Cruz Tax Assessor’s Parcel Number 052-271-04), the City will not pursue any additional annexations to the City west of Highway One, nor support any annexations to the City from third parties in that geographic area, unless both of the following findings can be made:

(aa) The land to be annexed is not designated Viable Agricultural Land Within the Coastal Zone (Type 3) by the Santa Cruz County General Plan/Local Coastal Program Land Use Plan, or the land to be annexed has been redesignated from Viable Agricultural Land Within the Coastal Zone to a different land use designation by the County of Santa Cruz through a Local Coastal Program Land Use Plan amendment and rezoning; and

(ab) The land is not Environmentally Sensitive Habitat, (including wetlands) as defined in Title 16, Section 16.32 of the County’s Local Coastal Program or in Sections 30107.5 or 30121 of the Coastal Act.

In the event that a third party annexation west of Highway One is approved inconsistent with subsection (aa) or (bb) of this subsection (f)(2)(iii), the City will limit zoning of the incorporated land to that zoning most equivalent to the County’s agriculture or open space designation; and prohibit (a) the extension of urban services to this land, and (b) any subdivisions of the annexed land except those required for agricultural lease purposes.

(3) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. Managed observation areas may be permitted adjacent to sensitive habitat areas, subject to an approved plan and management program that preserves sensitive habitat values and minimizes human disturbance.

(4) Except for the environmentally sensitive habitat area east of the farm road on Area C, all development shall be set back a minimum of 100' from any environmentally sensitive habitat area. Appropriate native trees, shrubs, and grasses shall be planted in the required setback area, consistent with a landscape plan prepared by a qualified wetland biologist, wherever development is adjacent to an environmentally sensitive habitat area, in such a manner as to provide a visual screen, impede human access and enhance bird roosting and nesting. Adjacent to running water, native riparian species are appropriate. In other areas native upland species are appropriate.

(5) All development shall be sited and designed to minimize the amount of noise, lights, glare, and activity visible and/or audible within environmentally sensitive habitat areas and their required buffers. Adequate screening (through plantings, soil berms, and/or solid wood fences) located outside of the environmentally sensitive habitat areas and their buffers shall be required to limit degradation of habitat and buffer areas, and to ensure that the amount of noise, lights, glare, and activity visible and/or audible in these areas are minimized.

(6) All environmentally sensitive habitat areas and environmentally sensitive habitat area buffers shall be permanently maintained and protected. Deed restrictions or open space/conservation easements shall be required for all such areas pursuant to Section 9-5.705(g)(5).

(g) All Zones A through E inclusive and R: Performance standards. In addition to the specific performance standards for each Zone set forth in this article, all approved development applications shall be subject to performance standards, findings, and conditions as needed for conformance with the Chapter II policies (“Policies Affecting All Areas”) of the certified Watsonville Coastal Land Use Plan (LUP), as follows:

(1) Each coastal development permit shall cite applicable Chapter II polices, and, as necessary, the specific manner in which the policy requirements will be met for the particular project and site.

(2) Land Use Plan Policy II.A.4, Archaeologic Resources. Permits shall be conditioned to require that if archaeological or paleontological materials are encountered, work which would disturb such materials shall be halted until reasonable mitigation measures, consistent with the standards prescribed by the State Historical Preservation Office, are implemented.

(3) Policy II.B, Coastal Visual Resources. New development shall be sited and designed to protect views of scenic coastal areas; in particular, this requirement shall apply to the seaward views from State Route One, across the wetlands and associated riparian areas of the Watsonville Slough Complex and along the Pajaro River. These existing scenic views of natural habitat and agricultural croplands shall be protected through all appropriate measures, including but not limited to:

(i) Where feasible, new structures shall be hidden from Highway 1; otherwise such development shall be screened through planting and permanent upkeep of appropriate tree species (such as native live oak which will provide, upon maturity, complete vegetative screening on a year-round basis.

(ii) All linear utilities (including but not limited to electrical power, telephone and cable television service connections) in new development shall be placed underground. Accessory utilities (e.g., utility meters, electrical panels, and transformers) shall be placed underground as practicable and safe.

(iii) Advertising and commercial signs that would block views from Highway 1 and/or other coastal zone roads to the wetland and riparian and other environmentally sensitive habitat areas shown on Land Use Plan Figures 2 and/or 2A, shall not be allowed. All signs shall be designed to be consistent with the architectural character of the development, designed to be an integral part of the landscape area, and compatible with the character of the surrounding scenic rural lands. Plastic shall not be used as a sign material. Sign illumination, where necessary, shall be the minimum required and shall be designed to avoid off-site glare.

(iv) Land divisions and/or lot line adjustments that would result in increased visibility of future development due to the configuration of the new parcels as seen from Highway One and/or other coastal zone roads shall be prohibited.

(v) Minimize alterations of the natural landform through avoidance of grading visible from Highway One and/or other coastal zone roads. Where grading visible from Highway One and/or other coastal zone roads cannot be avoided, such grading shall blend the contours of the finished surface with the adjacent natural terrain and landscape to achieve a smooth transition and natural appearance. No retaining walls around the perimeter of the school site shall be allowed; however, any interior retaining walls that may protrude above the level of finished grade shall be minimized in height and colored, textured, and landscaped to reduce visual impacts from Highway One and/or other coastal zone roads.

(vi) All development visible from Highway One and/or other coastal zone roads shall be sensitively designed and subordinate to preservation of the public viewshed. All development shall be designed to be compatible with the rural agricultural character of the surrounding rolling hill landscape, except that no design changes that would entail a new approval from the State Architect are required. Compatible design shall be achieved through the use of: utilitarian design features; roofs pitched above horizontal; low-slung buildings separated by open spaces to break up visual massing; large building facades broken up by varied rooflines, offsets, and building projections that provide shadow patterns; large structures broken down into smaller building elements (rather than long continuous forms); and second story building elements set back from the first story exterior. Large box-like designs, large unbroken roof lines, and/or large flat surfaces lacking architectural treatment shall not be allowed. All exterior finishes shall consist of earthen tone colors that blend with the surrounding landscape (such as board and batten wood siding). All required fencing shall be rustic split rail fencing of roughhewn and unpainted wood timbers (e.g., cedar) with the exception that rustic wood fencing with no gaps can be utilized if such fencing is required to screen sensitive habitat areas from development.

(vii) All nonagricultural development shall include landscaping (for all areas not covered with structures) with only native plant species characteristic or indigenous to the immediate surrounding area that evoke the sense of rolling rural area. Such landscaping shall include a mix of natives grasses, shrubs, and trees coordinated with, and complementary to, building design, and consistent with a transition to the natural landform. All landscaping shall provide for screening vegetation fronting any structures that are visible from Highway One and/or other coastal zone roads. These landscape requirements shall be implemented through a landscape plan that, at a minimum, shall specify that: (a) all plantings will be maintained in good growing conditions throughout the life of the project, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with the plans; (b) landscaping will be kept free of weeds and invasive non-natives (such as acacia, pampas grass, and scotch broom) and shall require the removal of any such invasive non-natives that are already present on the site; (c) all landscaping will be provided with an adequate, permanent and nearby source of water which shall be applied by an installed irrigation, or where feasible, a drip irrigation system. The irrigation system shall be designed to avoid runoff, overspray, low head drainage, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures.

(4) Biological restoration plans. Any habitat restoration, enhancement, and/or buffering plans shall be prepared by a wetland biologist and hydrologist developed in consultation with and subsequently distributed for review by the Department of Fish and Game and U.S. Fish and Wildlife Service. The plans and the work encompassed in the plans shall be authorized by a coastal development permit. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the City. No changes to the approved final plans shall occur without a City-approved amendment.

The elements of such a plan shall at a minimum include:

(i) A detailed site plan of the entire habitat and buffer area with a topographic base map;

(ii) A baseline ecological assessment of the habitat and buffer area, including but not limited to, assessment of biological, physical, and chemical criteria for the area;

(iii) The goals, objectives, performance standards, and success criteria for the site, including specific coverage and health standards for any areas to be planted. At a minimum, explicit performance standards for vegetation, hydrology, sedimentation, water quality, and wildlife, and a clear schedule and procedure for determining whether they are met shall be provided. Any such performance standards shall include identification of minimum goals for each herbaceous species, by percentage of total plantings and by percentage of total cover when defined success criteria are met; and specification of the number of years active maintenance and monitoring will continue once success criteria are met. All performance standards shall state in quantifiable terms the level and extent of the attributes necessary to reach the goals and objectives. Sustainability of the attributes shall be part of every performance standard. Each performance standard shall identify: (1) the attribute to be achieved; (2) the condition or level that defines success; and (3) the period over which success must be sustained. The performance standards must be specific enough to provide for the assessment of habitat performance over time through the measurement of habitat attributes and functions including, but not limited to, wetland vegetation, hydrology, and wildlife abundance;

(iv) The final design, installation, and management methods that will be used to ensure the mitigation site achieves the defined goals, objectives, and performance standards;

(v) Provisions for the full restoration of any impacts that are identified as temporarily necessary to install the restoration or enhancement elements;

(vi) Provisions for submittal, within thirty (30) days of completion of initial (and subsequent phases, if any) of restoration work, of “as built” plans demonstrating that the restoration and enhancement has been established in accordance with the approved design and installation methods;

(vii) Provisions for a detailed monitoring program to include at a minimum provisions for assessing the initial biological and ecological status of the site. The assessment shall include an analysis of the attributes that will be monitored pursuant to the program, with a description of the methods for making that evaluation;

(viii) Provisions to ensure that the site will be promptly remediated if monitoring results indicate that the site does not meet the goals, objectives, and performance standards identified in the approved mitigation program and provisions for such remediation. If the final report indicates that the mitigation project has been unsuccessful, in part, or in whole, based on the approved performance standards, the applicant shall submit a revised or supplemental mitigation program to compensate for those portions of the original program which did not meet the approved performance standards. The revised mitigation program, if necessary, shall be processed as an amendment to this coastal development permit;

(ix) Provisions for submission of annual reports of monitoring results to the City for the first five (5) years after all restoration and maintenance activities have concluded (including but not limited to watering and weeding, unless weeding is part of an ongoing long-term maintenance plan) and periodic monitoring after that time, beginning the first year after submission of the “as-built” assessment. Each report shall include copies of all previous reports as appendices. Each report shall also include a “Performance Evaluation” section where information and results from the monitoring program are used to evaluate the status of the project in relation to the performance standards.

(5) Biological and agricultural easements. Prior to issuance of a coastal development permit to proceed with development of any site where a portion of the property has use restrictions placed on it for habitat or agricultural purposes, the landowner of the parcel(s) subject to the permit, shall have completed the following:

(i) A document shall have been executed and recorded in a form and content acceptable to the City Attorney and the Executive Director of the Coastal Commission as described below, dedicating to a public agency or private association approved by the City Council an open space and conservation easement over the specified portion of the land for the purposes established in the coastal permit findings. The City Council must find that the accepting agency has a mandate or charter to carry out the purposes of the easement dedication (e.g., the California Department of Fish and Game and the U.S. Fish and Wildlife Service would be candidate agencies to accept a habitat easement). An outright dedication or other transfer of title of the specified portion of the land can substitute for an easement. The document shall show the area of protection, both mapped and described in metes and bounds, consistent with the Local Coastal Program and coastal permit conditions. The document shall be recorded free of prior liens and any other encumbrances that the City Attorney determines may affect such interest. The document shall limit uses of and activities in the area of protection to those enumerated in the coastal permit or in a management plan or other document approved by the City as fulfilling compliance with a coastal permit condition. Provisions shall be included that permit the City staff, or in the case of habitat preservation or buffering, staff of the Department of Fish and Game and U.S. Fish and Wildlife Service, to enter and inspect the property for purposes of determining compliance with approved plans and permit.

(ii) If no suitable accepting agency has been determined, then the document shall take the form of an irrevocable offer to dedicate the land (or an easement on the land) to a public agency or private association approved by the City Council. In this case, the offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of twenty-one (21) years, such period running from the date of recording the offer.

(iii) If a direct easement, outright dedication or other transfer of title, or irrevocable offer to dedicate the land are infeasible in the opinion of the City Attorney and the Executive Director of the Coastal Commission, then the document shall take the form of a deed restriction over the specified portion of the land for the purposes established in the coastal permit findings. The deed restriction shall include a legal description and site plan of the Permittee’s entire property. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the City Attorney determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without an amendment to the coastal development permit.

(iv) Review and approval by the Executive Director of the Coastal Commission of the aforementioned legal documents consistent with Section 9-5.414.

(6) Agricultural buffers. Provide and maintain a buffer of at least 200-feet between agricultural land and non-agricultural uses on the property devoted to the non-agricultural uses. The setback shall incorporate vegetative or other physical barriers and be as wide as determined is necessary to minimize potential land use conflicts. The buffer area shall be permanently protected and restricted by easement or dedication pursuant to Section 9-5.705(g)(5), such document to incorporate the objectives and requirements herein. Buffer plantings or any other required barriers shall be maintained in perpetuity. Uses allowed in the buffers shall be limited to student agricultural activities, septic systems, any habitat improvements as may be specified in a habitat restoration plan (see Section 9-5.705(g)(4)), and, for Area C only: (a) one road crossing of the minimum width for public safety purposes as necessary to serve the permitted use; and/or (b) limited public school parking, sports fields, and pathways within the “Public School Restricted Use Area” portion of the 200-foot agricultural buffer on the perimeter of Area C as shown on Land Use Plan Figure 2A; buildings and any other structures shall be prohibited in this area; and/or (c) for a public school only, the 200-foot agricultural buffer located along the northern boundary of the public school property may contain a 150-foot “Public School Restricted Use Area” on the southern edge of the buffer within which limited public school parking, sports fields and pathways only shall be allowed; buildings and any other structures shall be prohibited in this area.

(7) Right to farm disclosure and hold-harmless acknowledgment.

(i) Intent. It is the declared policy of this City to encourage agricultural operations. It is the further intent of the City to provide to its residents, students, and workers proper notification of the City’s support of those person’s right to farm. Where nonagricultural land uses occur near agricultural areas, agricultural operations frequently become the subjects of nuisance complaints due to lack of information about such operations. As a result, agricultural operators may be forced to cease or curtail their operations. Such actions discourage investment in farm improvements to the detriment of agricultural uses and the viability of the area’s agricultural industry as a whole. It is the purpose and intent of this section to reduce the area’s loss of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. An additional purpose of this section is to promote a good neighbor policy by advising purchasers of property of the inherent potential problems associated with the purchase, such as the noises, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that through mandatory disclosures, purchasers and users will better understand the impact of living, working, or attending school near agricultural operations and be prepared to accept attendant conditions as the natural result of living or being in or near rural lands.

(ii) Findings. No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with properly accepted customs and standards, shall be or become a nuisance, private or public, due to any changed condition in or about the locality. The term “nuisance” shall have the meaning ascribed to that term in California Civil Code Section 3479, which reads in part, “Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the use of property, so as to interfere with the comfortable enjoyment of life or property ... is a nuisance.” The City of Watsonville has determined that the use of real property for agricultural operations is a high priority and favored use and those inconveniences or discomforts arising from such use, shall not be or become a nuisance.

(iii) Disclosure Statement. The following statement shall be included on all coastal zone permits issued by the City and shall be delivered to all new purchasers or lessees of property in the coastal zone:

The City of Watsonville declares it a policy to protect and encourage agricultural operations. If your property is located near or adjacent to an agricultural operation, you may at sometimes be subject to inconvenience of discomfort arising from the operation. If conducted in a manner consistent with applicable State and local laws, said inconveniences and discomforts shall not be or become a nuisance.

(iv) Acknowledgment. Prior to issuance of a coastal development permit for a nonagricultural use on a parcel adjacent to an agricultural parcel, the City shall receive proof that the following document has been recorded as a deed restriction. This statement shall be recorded and shall be binding upon the undersigned, any future owners, encumbrances, their successors, heirs, or assignees. The statements contained in this acknowledgment are required to be disclosed to prospective purchasers of the property described herein, and required to be included in any deposit receipt for the purchase of the property, and in any deed conveying the property, and distributed to all tenants, employees, students, or other uses of such property:

The undersigned do hereby certify to be the owner(s) or Lessees of the hereinafter legally described real property located in the City of Watsonville and do hereby acknowledge and agree: (a) that the property described herein is adjacent to land utilized or designated for agricultural purposes; (b) that residents, students, or other users of the property may be subject to inconvenience or discomfort or adverse effects arising from adjacent agricultural operations including, but not limited to, dust, smoke, noise, odors, fumes, grazing, insects, application of chemical herbicides, insecticides, and fertilizers, and operation of machinery; (c) users of the property accept such inconveniences and/or discomforts from normal, necessary farm operations as an integral part of occupying property adjacent to agricultural uses; (d) to assume the risks of inconveniences and/or discomforts from such agricultural use in connection with this permitted development; and (e) to indemnify and hold harmless the owners, lessees, and agricultural operators of adjacent agricultural lands against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any issues that are related to the agricultural land use and its impact to users of the property. It is understood that the City has established a 200 foot agricultural setback on the herein described property to separate agricultural parcels and non-agricultural uses to help mitigate, but not necessarily completely alleviate, these conflicts.

(8) Polluted Runoff Controls. All development shall incorporate structural and nonstructural Best Management Practices (BMPs). BMPs are methods for controlling, preventing, reducing, or removing typical runoff pollutants. BMPs generally fall into two categories: source control BMPs and treatment BMPs. Source control BMPs are designed to reduce or eliminate the introduction of pollutants into runoff (e.g., regular sweeping/vacuuming of vehicle parking areas). Treatment BMPs are designed to remove pollutants from runoff (e.g., silt fences to trap sediments at construction sites). In order of priority, all development shall: first, limit impervious surfacing and pollutant loading through good site planning; second, reduce pollutant loads through source control; and third, reduce pollutant loads through treatment controls (where appropriate). All development is subject to the following requirements, and shall at a minimum, include the following components:

(i) BMPs shall be designed to filter and/or treat the volume of runoff produced from each and every storm event up to and including the 85th percentile twenty-four (24) hour runoff event, prior to its discharge to a stormwater conveyance system, with the exception that more resource-protective runoff filtration and/or treatment standards for any specific coastal zone Area shall not be superceded.

(ii) Post-development peak runoff rates and volumes shall be maintained at levels similar to pre-development conditions.

(iii) All runoff shall be captured and filtered to remove typical runoff pollutants. Runoff from all surfaces subject to vehicular traffic or parking shall be directed through vegetative or other media filter devices effective at removing and/or mitigating contaminants such as petroleum hydrocarbons, heavy metals, and other particulates, or shall be filtered through an engineered filtration system specifically designed to remove vehicular contaminants. All filtered runoff that is suitable for groundwater recharge and/or wetland restoration purposes shall be directed to groundwater basins and/or wetlands in such a manner as to avoid erosion and/or sedimentation.

(iv) Opportunities for directing runoff into pervious areas on-site for infiltration and/or percolation of rainfall through grassy swales or vegetative filter strips shall be maximized where geotechnical concerns would not otherwise prohibit such use.

(v) Structural BMPs, other than vegetated strips consistent with a biological restoration plan, shall be placed outside of environmentally sensitive habitat buffer areas.

(vi) All development shall include Erosion Control Plans which clearly identify all BMPs to be implemented during construction and their location. Such plans shall contain provisions for specifically identifying and protecting all nearby storm drain inlets and natural drainage swales (with sand bag barriers, filter fabric fences, straw bale filters, block and gravel filters, drop-inlet sediment traps, etc.) to prevent construction-related runoff and sediment from entering into these storm drains or natural drainage areas which ultimately deposit runoff into the Watsonville Slough System and/or the Pacific Ocean. Silt fences, or equivalent apparatus, shall be installed at the perimeter of all construction sites. Except for the ESHA east of the farm road on Area C, no construction activity of any kind shall take place within 100 feet of any environmentally sensitive habitat areas, or outside of the development envelope shown on Land Use Plan Figure 2A. At a minimum, Erosion Control Plans shall also include provisions for stockpiling and covering of graded materials, temporary stormwater detention facilities, revegetation as necessary, restricting grading and earthmoving during the rainy season.

All Erosion Control Plans shall make it clear that: (1) dry cleanup methods are preferred whenever possible and that if wet cleanup is necessary, all runoff will be collected to settle out sediments prior to discharge from the site; all de-watering operations must require filtration mechanisms; (2) off-site equipment wash areas that provide containment and filtration of debris and wastewater are preferred whenever possible; if equipment must be washed on-site, the use of soaps, solvents, degreasers, or steam cleaning equipment should not be allowed; in any event, wash water shall not be allowed to enter storm drains or any natural drainage; (3) concrete rinsates shall be collected and shall not be allowed into storm drains or natural drainage areas; (4) good construction housekeeping shall be required (e.g., clean up all leaks, drips, and other spills immediately; refuel vehicles and heavy equipment off-site and/or in one designated location; keep materials covered and out of the rain (including covering exposed piles of soil and wastes); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather); and (5) all erosion and sediment controls shall be in place prior to the commencement of grading and/or construction as well as at the end of each day.

(vii) All parking lot areas, driveways, and other vehicular traffic areas on site shall be swept and/or vacuumed at regular intervals and at least once prior to October 15th of each year. Any oily spots shall be cleaned with appropriate absorbent materials. All debris, trash and soiled absorbent materials shall be disposed of in a proper manner. If wet cleanup of any of these areas is absolutely necessary, all debris shall first be removed by sweeping and/or vacuuming, all storm drains inlets shall be sealed, and wash water pumped to a holding tank to be disposed of properly and/or into a sanitary sewer system (if available). All permitted uses shall have on-site appropriate spill response materials (such as booms, absorbents, rags, etc.) to be used in the case of accidental spills.

(viii) All outside storage areas and loading areas shall be graded and paved and either: (1) surrounded by a low containment berm; or (2) covered. All such areas shall be: (1) equipped with storm drain valves which can be closed in the case of a spill; or (2) equipped with a wash down outlet to the sanitary sewer (if available).

(ix) All restaurants and/or food service uses shall include a plumbed wash-down area (either inside or out) connected to the sanitary sewer (if available).

(x) All BMPs shall be permanently operated and maintained. At a minimum:

(aa) All BMP traps/separators and/or filters shall be inspected to determine if they need to be cleaned out or repaired at the following minimum frequencies: (1) prior to October 15th each year; (2) prior to April 15th each year; and (3) during each month that it rains between November 1st and April 1st. Clean-out and repairs (if necessary) shall be done as part of these inspections. At a minimum, all BMP traps/separators and/or filters must be cleaned prior to the onset of the storm season, no later than October 15th of each year;

(ab) Debris and other water pollutants removed from BMP device(s) during clean-out shall be contained and disposed of in a proper manner; and

(ac) All inspection, maintenance and clean-out activities shall be documented in an annual report submitted to the City of Watsonville Public Works Department no later than June 30th of each year.

(9) Environmentally sensitive habitat area buffers. All environmentally sensitive habitat areas shall be buffered; specific buffer widths are specified for each Area (i.e., Areas A, B, C, D, E, and R) of the City’s coastal zone. Such buffers shall be designed to shield such sensitive habitat areas from development, and to enhance the functional resource value of the buffer and the environmentally sensitive habitat area through a Biological Restoration Plan (Section 9-5.705(g)(4)) prepared for any development adjacent to environmentally sensitive habitat areas. Uses allowed within buffers shall be limited to low-intensity restoration activities (such as removal of invasive exotic species and replanting with native trees, shrubs, plants and grasses as appropriate), unless other uses are specifically identified for any particular buffer area in the performance standards for that area (see Section 9-5.705(a), (b), (c), (d), (e), and (f)).

(10) Utility extensions.

(i) An application for a development that requires public wastewater or water lines shall include:

(aa) A plan showing the location and sizing of all water and wastewater facilities;

(ab) Calculations indicating the amount of water needed and wastewater generated from the development;

(ac) Calculations for the commensurate sizing of the utility lines;

(ad) An analysis of alternative use of on-site systems; and

(ae) A financial plan showing estimated costs and financing means of initial installation and future maintenance.

(ii) In order to approve any such public wastewater or water line, City staff shall have verified that:

(aa) The facilities are sized no greater than necessary to serve the permitted development; and

(ab) The financial plan is sound and is not predicated on any third party funding that would induce growth inconsistent with this chapter.

(iii) Any permit to approve a public wastewater or water line must be conditioned to prohibit installation to occur prior to the commencement of construction of the development that it is to serve.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988, as amended by § 1, Ord. 1080-99 C-M, eff. September 23, 1999, § 1, Ord. 1096-00 C-M, eff. October 12, 2000, § 1, Ord. 1112-01, eff. August 9, 2001, and § 1, Ord. 1124-02 C-M, eff. February 21, 2002)

9-5.706 Utility Prohibition Overlay District.

(a) This subsection establishes a Utility Prohibition Overlay District (UPO). This is a minimum one-foot wide overlay district that applies to property within the Coastal Zone located along the boundary of Coastal Zone Areas A, B and C. The purpose of the Utility Prohibition Overlay District (UPO) is to maintain a stable urban rural boundary by ensuring that there will be no additional urban development outside the current western boundary of the City within the Coastal Zone, and to protect agricultural lands, environmentally sensitive habitats and wetlands while providing for concentrated urban development in the City.

(b) The regulations of the Utility Prohibition Overlay District (UPO) shall apply to all property identified in this section in addition to the regulations of the underlying zone or district with which the UPO District is overlaid. Where the regulations established in this district are in conflict with other zoning or land use plan regulations, the more restrictive and/or the most protective of coastal zone resources shall apply.

(c) Within the Utility Prohibition Overlay District (UPO), wastewater utility pipelines and potable water utility pipelines are prohibited. However, an exception can be made for one wastewater and one water line to serve a new public school on Area C provided:

(1) Caltrans will not allow such lines to be installed in the Caltrans right-of-way within the City limits;

(2) The City makes a finding that there is a one-foot non-access strip surrounding the pipelines through County land which prohibits any tie-ins to the line and which is dedicated to a nonprofit agency;

(3) The City makes a finding that any pipelines through County lands are located inland of the Santa Cruz County Utility Prohibition Overlay District adopted pursuant to the MOU required by City of Watsonville LCP Amendment 1-99;

(4) The lines through the County are found consistent with the County Local Coastal Program and have received an appealable County coastal permit; and

(5) The connecting lines within the City limits comply with all other applicable provisions of this article.

(d) The prohibitions specified within the UPO shall not restrict the repair, replacement, maintenance, refurbishment or functional improvements of existing water and sewer lines insofar as to maintain existing capacity of existing lines (or the potential addition of one new line to service the high school). In no case, however, is the physical expansion of these existing lines across the UPO allowed.

(§ 1, Ord. 1096-00 C-M, eff. October 12, 2000)

Article 8. Definitions

9-5.800 General.

Unless the context requires otherwise, the definitions set forth in this article and in Chapter 18 of Title 14 of this Code shall be used in the interpretation and construction of this chapter.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.805 Aggrieved person: Appellant of an appealable coastal permit.

“Aggrieved person” or “appellant of an appealable coastal permit” shall mean a person qualified to file an appeal of City action on a coastal permit, as defined in Section 30801 of the Public Resources Code of the State. Qualified persons include:

(a) The applicant; and

(b) Any other person who, in person or through a representative appeared at a public hearing held in conjunction with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of his or her concerns, or for good cause was unable to do either.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.810 Appealable coastal development.

“Appealable coastal development” shall mean a development application for a coastal permit which can be appealed to the Coastal Commission, but only for the types of development identified in Section 30603 of the Public Resources Code of the State, as follows:

(a) Developments approved by the City that are located in a sensitive coastal resource area, or within 100' of a stream or wetland a shown on the adapted post-certification coastal zone appeal area maps.

(b) Any development which constitutes a major public works project or a major energy facility.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.811 Agricultural testing facilities.

“Agricultural testing facilities” shall mean a development or developments which incorporate, and have the appearance of, farmland or farm structures, are for the purposes of performing agricultural experiments or analysis, and will enhance the overall agricultural productivity of the site, region, or State.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.815 Agricultural viability report.

“Agricultural viability report” shall mean a report which assesses the viability of parcels as agricultural or grazing units, given existing conditions and proposed development. Viability is considered in terms of many factors, including product marketability, soils, parcel size and any other factors relevant to the particular parcel. The report shall establish a baseline of information to be used to describe the role that each factor plays as a variable influencing the site and surrounding area’s viability for agricultural production. The report is prepared by a consultant according to approved City procedures. In terms of scope, the feasibility analysis should analyze both the site and the larger area’s current and past productivity as an agricultural unit for the preceding five (5) years.

Determination of the feasibility of continued or renewed agricultural use when agricultural land conversion is proposed shall be based upon an evaluation that addresses, and contains, at a minimum, the following elements:

(a) Soils

(1) The identification of all soil types that are found in the area (as stated in the most recent Soil Survey published by the United States Department of Agriculture);

(2) Stone index and Capability Classification ratings of all identified soil types (as stated in the most recent Soil Survey published by the United States Department of Agriculture);

(3) The expected animal unit month (AUM) yield for each identified soil type (as stated in the most recent Soil Survey published by the United States Department of Agriculture);

(4) The expected net dollar return for crops that are currently cultivated on each soil type;

(5) An identification of crop types that could be potentially grown on each identified soil type, and also the expected net dollar return for such crops;

(6) An identification of soil types used exclusively for grazing;

(7) An identification of agricultural uses in the area that are not dependent upon the soil (e.g., greenhouses), and where identified, a description of their location and nature of operation(s).

(b) Geographic.

(1) The description of factors such as slope, temperature, adequate sunlight, length of growing season, precipitation, soil quality (depth, drainage, capability classification rating, stone index rating, texture, development, unique qualities) affecting agricultural operations in the area;

(2) The description of management techniques that are currently used, or could be used, in order to improve soil quality for agricultural operations;

(3) An identification of agricultural operations that use more than one parcel for production in the area, and where identified, a description of their current practice and average acreage for each individual operation;

(4) A description of the relationship or proximity of agricultural and urban land uses.

(1) The availability of water in the area;

(2) An identification of the water source;

(3) An identification of whether poor water quality impacts agricultural operations in the area;

(4) The current cost of water.

(d) Access.

(1) Description of whether adequate access to agricultural operations in the area currently exist;

(2) Where access is problematic, an identification of the nature of the conflict; and how the conflict impacts agricultural operation(s).

(e) History.

(1) An identification of the types of agricultural operations that have taken place in the area in the past and where have they occurred;

(2) An identification of how long agricultural operations have been conducted in the area;

(3) An identification of those parcels that have been used for agricultural operations in the area consistently in past, and where applicable an identification of such time periods;

(4) An identification of significant past management practices that have been used in the area in order to affect agricultural yields.

(f) Risk factors.

(1) An identification of whether drought years affect agricultural operations in the area and, if so, what the cost of water is during these periods;

(2) An identification of whether the costs of production and labor are unpredictable for agricultural operations in the area;

(3) An identification of whether commodity prices are consistent or inconsistent from year to year for crops grown in the area;

(4) An identification of whether salt water intrusion into well water supply is an issue, and if so, how it affects agricultural operations in the area;

(5) An identification of whether there is a problem with crop quality in the area;

(6) An identification of whether the agricultural market is volatile for crops grown in the area.

(g) Economics.

(1) An analysis of the gross revenue from the agricultural products grown in the area for the five (5) years immediately preceding the date of the filing of the application for coastal development; and

(2) An analysis of the operational expenses excluding the cost of land, associated with the production of the agricultural products grown in the area for the five (5) years immediately preceding the date of the filing of the application for coastal development.

(3) Cost shall be determined by, and consist of, the following variables:

(i) Fixed costs for any given crop are assumed to be constant, regardless of the annual yield. Fixed costs shall include only current costs and shall not speculate on potential future circumstances.

(aa) Land cost (i.e. rent, lease, property tax, etc.) shall not be included into the cost analysis (See Coastal Act Section 30241.5);

(ab) Capital costs including: (1) land improvements (i.e., fences, roads, clearing, leveling, wells and pumps, etc.); (2) equipment (i.e., trucks, tractors, buildings, special equipment (e.g. irrigation), etc.); (3) herd expenses (i.e., payment for bulls and heifers); and (4) miscellaneous expenses. Cost determination must also include depreciation and interest expenses;

(ac) Cultivating cost including operating costs for: (1) labor (i.e., the amount of hours necessary for planting and the rate of pay per hour including benefits); (2) materials (i.e., water, seed, feed supplements, salt, fertilizer, and pesticides); (3) machinery; (4) fuel and repair; and (5) outside consultants (i.e., veterinary and management).

(ii) Variable costs are the harvest costs and are based on the amount of yield only. Depending on the crop yield, variable costs fluctuate for any given year. In most cases, this is expressed as the cost per unit of yield (tons, 100 weight, or pounds).

(4) Gross Revenue shall be determined by and consists of the following variables:

(i) Gross returns for each crop type as detailed in the annual crop report issued by the County Agriculture Commissioner; and

(ii) Past return figures should factor in the appropriate Producer Price Index (PPI) figure in order to account to inflation over time.

(5) Evaluative methods to incorporate the above cost and revenue figures shall include:

(i) Determination of the net economic impact on private and public sectors and, second, a test for agricultural viability. Net economic impact refers to change in dollar flow within the community brought about by a given change in land use. “Net economic impact” equals total public revenues minus total public costs, plus private sector income. This should be computed according to the existing land use, the proposed development, and any viable project alternatives. This may be accomplished through the following process:

(aa) Cost/Revenue analysis that determines public costs associated with conversion of agricultural land and also revenues generated by increases in property tax within the project site. Public service marginal costs should compute the new and/or incremental costs of adding development to the public service system, which includes the cost of capital improvements necessary to accommodate such development. This should also state, and if possible quantify, those costs or externalities not easily accounted for in cost computations. One externality could include the probable change in assessed value of parcels adjacent to the development. Public service revenues are generated by increases in property tax within the project site; and

(ab) Input/Output analysis that looks at the private sector of the areas economy in terms of its purchases and sales to other sector both locally and from outside the area. From this information, multipliers for each sector should be developed. Determination of the input figures will reveal the affect of removing the subject number of acres, for the subject crop, from agricultural production. This will reveal the effect to the private sector economy.

(ii) Determination of the minimum acreage for a viable agricultural operation (farm family approach). In order to determine net income, production costs by crop should be computed on a per acre basis and subtracted from gross market receipts expected from that crop, as detailed in the County Agricultural Commissioner’s annual crop report. The resulting figure represents the farmer’s income per acre of productive land. The per acre income figure should then be divided into the County’s Median Income figure to compute the number of acres required to support a farm family.

(iii) Determination of net return per acre, per crop type, for the area only. By crop type, determine gross revenue per acre for subject crop types as listed in the County Agricultural Commissioner’s annual crop report. Then subtract from gross revenue figures the cost per acre associated with each crop type.

(h) Prime agricultural land determination.

(1) All agricultural land proposed for conversion to nonagricultural use shall be evaluated for a determination of whether it should be categorized as prime or nonprime agricultural land. As defined in the Coastal Act, “prime agricultural land” is “those lands defined in paragraph (1), (2), (3), or (4) of subsection (c) of Section 51201 of the Government Code” (Coastal Act Section 30113). Government Code Sections 51200 through 51296, also known as the Williamson Act, lists the following definitions of prime agricultural land under the applicable four subsections of Section 51201(c):

(i) All land that qualifies for rating as Class I or Class II in the Natural Resource Conservation Service land use capability classifications;

(ii) Land which qualifies for rating eighty (80) through 100 in the Storie Index Rating;

(iii) Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture;

(iv) Land planted with fruit- or nut-bearing trees, vines, bushes or crops which have a nonbearing period of less than five (5) years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than Two Hundred and no/100ths ($200.00) Dollars per acre.

The report shall include maps and photos (air and site photos) of the area being evaluated that, at a minimum, identify the following on all such figures: parcel lines, parcel numbers, farm boundaries, owners and/or lessees of each parcel and/or farm, wells and/or any other water supply lines, Storie ratings, capability classifications, slopes, and roads.

For purposes of this definition, “area” means a geographic area of both the City and County of sufficient size to provide an accurate evaluation of the economic feasibility of agricultural uses for those lands included in the City’s certified local coastal program.

The report shall not be considered complete until it has been submitted to, and found factually adequate by a qualified governmental reviewing authority other than the City. Examples of appropriate reviewing authorities include the Santa Cruz County Agricultural Commissioner, U.S.D.A. Soil Conservation Service, Resource Conservation District, or the Coastal Commission.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988 as amended by § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

9-5.820 Aquaculture.

“Aquaculture” shall mean the culture and husbandry of aquatic organisms, including, but not limited to, fish, shellfish, mollusks, crustaceans, kelp, and other algae.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.825 Coastal Commission.

“Coastal Commission” shall mean the State agency established by State law responsible for carrying out the provisions of the Coastal Act and for the review of coastal permits on appeal from local agencies.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.830 Coastal development.

“Coastal development” shall mean 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 material; change in the density of use of land, including, but not limited to, subdivisions pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code of the State), 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 recreation use; change in the intensity of use of water, or access thereto; the construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, 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 45511).

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.833 Coastal permit.

“Coastal permit” shall mean a permit for any coastal development that is required pursuant to Section 30600(a) of the Public Resources Code of the State, regarding coastal development permits. The administrative use permits and special use permits required by this chapter shall function as coastal development permits.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.835 Ecosystem.

“Ecosystem” shall mean a system formed by the interactions of a community of organisms with their environment (Wildlife Planning Glossary, U.S. Forest Service).

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.837 Emergency.

“Emergency” shall mean a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.840 Environmentally sensitive habitat.

“Environmentally sensitive habitat” shall mean an area in which plant or animal life or their habitats are rare or particularly valuable because of their special nature or role in the ecosystem. Environmentally sensitive habitats are also areas susceptible to disturbance or degradation by human activities and developments. Examples are riparian corridors and areas of special biological significance identified by the State Water Resources Board; rare and endangered species habitat; all coastal wetlands and lagoons; and all marine wildlife haul-out, breeding, and nesting areas. The Coastal Act limits uses to those which are dependent on such resources; examples include nature education and research, hunting, fishing, and aquaculture.

In the City’s Coastal Zone, environmentally sensitive habitats include, but are not limited to, the freshwater wetlands, wetland-upland transition, and riparian habitat identified on Figure 2 on the City’s certified Coastal Land Use Plan. Also, further investigations may reveal the presence of environmentally sensitive endangered species habitat as identified by the State Department of Fish and Game or by a qualified professional botanist.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.845 Local Coastal Program.

“Local Coastal Program” shall mean the City program, consisting of land use plans and implementation measures, to implement the State Coastal Act of 1976. The Local Coastal Program has two (2) components: the Local Land Use Plan and the Local Implementation Plan.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.850 Marsh.

“Marsh” shall mean a wetlands area or tract of low wet land which is periodically inundated with fresh or saline water characterized by grasses, sedges, cattails, and rushes.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.860 Riparian habitat.

“Riparian habitat” shall mean an area of vegetation and associated animal species which typically occurs along a freshwater course, wetland, or waterway.

(§ 1, Ord. 789 C-M, eff. December 8, 1988)

9-5.863 Sensitive coastal resource area.

“Sensitive coastal resource area” shall include the following identified and geographically bounded areas of vital interest in the Coastal Zone: environmentally sensitive habitat areas, and any archaeologic sites which may be discovered.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

9-5.864 Typical runoff pollutants.

Typical runoff pollutants describes constituents commonly present in runoff associated with precipitation and irrigation. Typical runoff pollutants include, but are not limited to: paints, varnishes, and solvents; hydrocarbons and metals; non-hazardous solid wastes and yard wastes; sediment from construction activities (including silts, clays, slurries, concrete rinsates, etc.); ongoing sedimentation due to changes in land cover/land use; nutrients, pesticides, herbicides, and fertilizers (e.g., from landscape maintenance); hazardous substances and wastes; sewage, fecal coliforms, animal wastes, and pathogens; dissolved and particulate metals; and other sediments and floatables.

(§ 1, Ord. 1096-00 C-M, eff. October 12, 2000)

9-5.865 Wetland.

“Wetland” shall mean land within the Coastal Zone which may be covered periodically or permanently with shallow water and includes saltwater marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

Detailed criteria for identifying coastal wetlands are contained in Appendix C of the City’s certified Coastal Land Use Plan.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Chapter 5COASTAL ZONE IMPLEMENTATION PLAN*

9-5.100 Purpose.

9-5.200 Zoning.

9-5.201 Annexation.

9-5.301 Purpose.

9-5.302 General provisions.

9-5.303 Permit procedures.

9-5.304 Exemptions.

9-5.305 Findings required.

9-5.400 General.

9-5.401 Applications for reviews.

9-5.402 Effective date of actions.

9-5.403 Authority to notice hearings.

9-5.404 Notices of hearings: Mailing.

9-5.405 Notices of hearings: Posting.

9-5.406 Notices of hearings: Publication.

9-5.407 Notices of hearings: Mailing to applicants.

9-5.408 Notices of hearings: Contents.

9-5.409 Continuance of hearings.

9-5.410 Appeals to the Coastal Commission.

9-5.411 Emergency permits.

9-5.412 Notices of final action.

9-5.413 Life of coastal permits.

9-5.414 Review of open space easements and public access documents.

9-5.500 General.

9-5.501 Fees established.

9-5.600 General.

9-5.601 Enforcement.

9-5.602 Violations: Penalties.

9-5.700 General.

9-5.701 Purpose.

9-5.702 District.

9-5.703 Principal permitted uses.

9-5.704 Conditional uses.

9-5.705 Regulations.

9-5.706 Utility Prohibition Overlay District.

9-5.800 General.

9-5.805 Aggrieved person: Appellant of an appealable coastal permit.

9-5.810 Appealable coastal development.

9-5.811 Agricultural testing facilities.

9-5.815 Agricultural viability report.

9-5.820 Aquaculture.

9-5.825 Coastal Commission.

9-5.830 Coastal development.

9-5.833 Coastal permit.

9-5.835 Ecosystem.

9-5.837 Emergency.

9-5.840 Environmentally sensitive habitat.

9-5.845 Local Coastal Program.

9-5.850 Marsh.

9-5.860 Riparian habitat.

9-5.863 Sensitive coastal resource area.

9-5.864 Typical runoff pollutants.

9-5.865 Wetland.

Chapter 5
COASTAL ZONE IMPLEMENTATION PLAN*