LOCATING AND PLANNING NEW DEVELOPMENT COMPONENT The County will: DEVELOPMENT REVIEW 1.1 Coastal Development Permits After certification of the LCP, require a Coastal Development Permit for all development in the Coastal Zone subject to certain exemptions. 1.2 Definition of Development As stated in Section 30106 of the Coastal Act, define development to 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 any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any buildings, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. URBAN AREAS 1.3 Definition of Urban Areas a. Define urban areas as those lands suitable for urban development because the area is either: (1) developed, (2) subdivided and zoned for development at densities greater than 1 dwelling unit/5 acres, (3) served by sewer and water utilities, and/or (4) designated as an affordable housing site in the Housing Component. b. Recognize, however, that in order to make a logical urban/rural boundary, some land has been included within the urban boundary which should be restricted to open space uses and not developed at relatively high densities (e.g., prime agricultural soils, and sensitive habitats). 1.4 Designation of Urban Areas Designate as urban those lands shown inside the urban/rural boundary on the Land Use Plan Maps. Such areas include Montara, Moss Beach, El Granada, Princeton and Miramar. 1.5 Land Uses and Development Densities in Urban Areas a. Incorporate the adopted Montara-Moss Beach-El Granada Community Plan into the land use plan for the Mid-Coast, but amend it where necessary to meet Local Coastal Plan objectives. b. Permit in urban areas land uses designated on the Land Use Plan Maps and conditional uses at densities specified in Tables 1.2 and 1.3. RURAL AREAS 1.6 Definition of Rural Areas Define rural areas as those lands suitable for a variety of residential, commercial, agricultural and recreational land uses which are consistent with maintaining open space (as defined in Section 65560 of the Government Code (as of January 1, 1970)) in order to: (1) preserve natural resources, (2) manage the production of resources, (3) provide outdoor recreation, and (4) protect public health and safety. *1.7 Designation of Rural Areas Designate as rural those lands shown outside the urban/rural boundary on the Local Coastal Program Land Use Maps, in effect on March 25, 1986, that were designated Agriculture, General Open Space, Timber Preserve, or Public Recreation on that date. *1.8 Land Uses and Development Densities in Rural Areas a. Allow new development (as defined in Section 30106 of the California Coastal Act of 1976) in rural areas only if it is demonstrated that it will not: (1) have significant adverse impacts, either individually or cumulatively, on coastal resources and (2) diminish the ability to keep all prime agricultural land and other land suitable for agriculture (as defined in the Agriculture Component) in agricultural production. b. Permit in rural areas land uses designated on the Local Coastal Program Land Use Plan Maps, and conditional uses at densities specified in Tables 1.2 and 1.3. c. Require density credits for non-agricultural land uses in rural areas, including any residential use, except affordable housing (to the extent authorized in Policy 3.27 of the Local Coastal Program on March 25, 1986, the date notice of circulation of this ordinance was published) and farm labor housing. One density credit shall be required for each 315 gallons maximum daily water use as a result of a land use. For purposes of this ordinance, a single family dwelling unit shall be deemed to use 315 gallons per day. In order to give priority to Public and Commercial Recreation land uses, one density credit shall be required for those uses for each 630 gallons of maximum daily water use. Water use shall be calculated on the best available information and shall include all appurtenant uses, e.g., landscaping, swimming pools, etc. *1.9 Conservation/Open Space Easements a. In rural areas, designated as General Open Space on the Land Use Plan Maps, require the applicant for a land division, as a condition of approval, to grant to the County (and the County to accept) a conservation/open space easement containing a covenant, running with the land in perpetuity, which limits the use of the land covered by the easement to uses consistent with open space (as defined in the California Open Space Lands Act of 1972 on January 1, 1980). b. Exempt land divisions which solely provide affordable housing, as defined in Policy 3.7 of the Local Coastal Program on March 25, 1986, from the requirements in subsection a. RURAL SERVICE CENTERS 1.10 Definition of Rural Service Center Define rural service centers as small rural communities having a combination of land uses which provide services to rural areas. 1.11 Designation of Rural Service Centers Designate San Gregorio and Pescadero as Rural Service Centers. 1.12 Land Uses and Development Densities in Rural Service Centers a. Require the infilling and use of existing rural service centers to: (1) provide commercial facilities which support agriculture and recreation and (2) meet housing needs which are generated by local employment. b. Permit in rural service centers the land uses designated on the Land Use Plan Maps and at densities specified in Tables 1.2 and 1.3. RURAL RESIDENTIAL AREAS 1.13 Definition of Rural Residential Area Define rural residential areas as rural lands outside the urban rural boundary which are: (1) subdivided and developed with residential uses at densities less than 1 dwelling unit/5 acres, (2) adjacent to urban areas, and (3) partially or entirely served with utility lines. 1.14 Designation of Rural Residential Areas Designate the following recorded subdivisions as rural residential areas: (1) Montara, First Addition; (2) Montara, Second Addition; (3) Montara, Hotel Addition; and (4) Montara, Wienke Addition. 1.15 Land Uses and Development Densities in Rural Residential Areas Permit in rural residential areas the land use designated on the Land Use Plan Maps and at densities specified in Tables 1.2 and 1.3. GROWTH MANAGEMENT 1.16 Definition and Establishment of Urban/Rural Boundary Define urban/rural boundary as a stable line separating urban areas and rural service centers from rural areas in the Coastal Zone and establish this line on the LCP Land Use Maps. 1.17 Existing Developed Areas Conserve, improve, and revitalize existing residential, commercial and industrial areas. 1.18 Location of New Development *a. Direct new development to existing urban areas and rural service centers in order to: (1) discourage urban sprawl, (2) maximize the efficiency of public facilities, services, and utilities, (3) minimize energy consumption, (4) encourage the orderly formation and development of local governmental agencies, (5) protect and enhance the natural environment, and (6) revitalize existing developed areas. b. Concentrate new development in urban areas and rural service centers by requiring the "infilling" of existing residential subdivisions and commercial areas. c. Allow some future growth to develop at relatively high densities for affordable housing in areas where public facilities and services are or will be adequate and where coastal resources will not be endangered. d. Require the development of urban areas on lands designated as agriculture and sensitive habitats in conformance with Agriculture and Sensitive Habitats Component policies. 1.19 Definition of Infill Define infill as the development of vacant land in urban areas and rural service centers which is: (1) subdivided and zoned for development at densities greater than one dwelling unit per 5 acres, and/or (2) served by sewer and water utilities. 1.20 Lot Consolidation According to the densities shown on the Land Use Plan Maps, consolidate contiguous lots, held in the same ownership, in residential subdivisions in Seal Cove to minimize risks to life and property and in Miramar to protect coastal views and scenic coastal areas. 1.21 LAFCo Spheres of Influence After State certification of the County's and Half Moon Bay Local Coastal Plans, request LAFCo to designate sphere of influence lines for Half Moon Bay and special districts which are coterminous with the urban/rural boundary. 1.22 Timing of New Development in the Mid-Coast In order to insure that schools and other public works are not overburdened by rapid residential growth, require that the following limitations on building permits granted in the Mid-Coast for the construction of residences, other than affordable housing, be applied beginning in the first calendar year after LCP certification. a. 125 per year until Phase I sewer and significant new water facilities have both been provided, unless the County Board of Supervisors makes the finding that water or other public works have insufficient capacity, consistent with the protection of sensitive habitats, to accommodate additional growth (see Policy 7.20). b. 125 in the years following the provision of Phase I sewer and significant new water facilities, unless the County Board of Supervisors makes the finding that water, schools and other public works have sufficient capacity to accommodate additional growth. In any year that the Board makes this finding, up to 200 building permits may be granted. The exact number of building permits shall be determined by the Board at the time the finding is made. 1.23 Timing of Development in the South Coast To insure that South Coast residential buildout proceeds at an even rate and does not overburden coastal resources or public services, and provides for priority coastal uses (agriculturally related development, public/private recreation, affordable housing and visitor serving commercial uses consistent with LUP policies) limit the building permits granted in any year for the construction of residences in rural areas, other than affordable and/or farm labor housing, in each watershed as specified in Table 1.4. Exceptions may be made by the appropriate County officials for large scale, master planned developments, on a case-by-case basis, when a qualified hydrologist determines that the cumulative impact of all new development on the relevant watershed(s) will not adversely affect coastal resources including wetlands, streams, riparian habitats, wildlife and agriculture. The hydrological study should include an analysis of the geological formation within the watershed(s) and stream flow data for both summer and winter flows, and should project expected drought-year flows, and should provide data pertaining to riparian and appropriative water rights of the property being planned and a correlation of those water rights with the agricultural activity proposed on the property. Hydrologic data collected by project and/or collectively within watersheds for different projects shall be utilized to consider changes in the size of any annual increment of development or total amount. 1.24 Protection of Archaeological/Paleontological Resources Based on County Archaeology/Paleontology Sensitivity Maps, determine whether or not sites proposed for new development are located within areas containing potential archaeological/paleontological resources. Prior to approval of development proposed in sensitive areas, require that a mitigation plan, adequate to protect the resource and prepared by a qualified archaeologist/paleontologist be submitted for review and approval and implemented as part of the project. 1.25 Rural Watershed Monitoring Program Commencing within one year of certification of the LCP, the County shall, providing funding can be secured, undertake a water monitoring program to determine, on a watershed-by-watershed basis, water availability for new development consistent with LCP resource protection policies. The monitoring program should be completed within five years of LCP certification and subsequent development shall be consistent with the findings of the approved final report. 1.26 Monitor Build Out in Rural Areas The County shall maintain accurate records of development undertaken in the rural areas and release annual reports indicating the types, location and intensity of new development. Cumulative number of permitted units (or density credit equivalents) shall not exceed that projected on Table 1 absent an LCP amendment specifically providing for the increase. PARCEL LEGALIZATION 1.27 Confirming Legality of Parcels Require a Coastal Development Permit when issuing a Certificate of Compliance to confirm the legal existence of parcels as addressed in Section 66499.35(a) of the California Government Code (e.g., lots which predated or met Subdivision Map Act and local government requirements at the time they were created), only if: (1) the land division occurred after the effective date of coastal permit requirements for such division of land (i.e., either under Proposition 20 or the Coastal Act of 1976), and (2) a coastal permit has not previously been issued for such division of land. *1.28 Legalizing Parcels Require a Coastal Development Permit when issuing a Certificate of Compliance to legalize parcels under Section 66499.35(b) of the California Government Code (i.e., parcels that were illegally created without benefit of government review and approval). *1.29 Coastal Development Permit Standards of Review for Legalizing Parcels Require Coastal Development Permits to legalize parcels. Where applicable, condition permits to meet the following standards. (Permit applications shall be considered as "conditional uses" for the purposes of review.) a. On developed illegal parcels created before Proposition 20 (effective date January 1, 1973) on lands located within 1,000 yards of the mean high tide line, or the Coastal Act of 1976 (effective date January 1, 1977), on lands shown on the official maps adopted by the Legislature, which received all required building permits or government approvals for development, a Coastal Development Permit to legalize the parcel shall be issued without conditions. b. On developed illegal parcels created before Proposition 20, on lands within 1,000 years of the mean high tide line, or the Coastal Act of 1976, on lands shown on the official maps adopted by the Legislature, which received a Coastal Permit for the development, a Coastal Permit to legalize the parcel shall be issued without conditions. c. On illegal parcels created and developed after Proposition 20, on lands located within 1,000 yards of the mean high tide line, or the Coastal Act of 1976, on lands shown on the official maps adopted by the Legislature, a Coastal Development Permit shall be issued if the development and parcel configuration do not have any substantial adverse impact on coastal resources, in conformance with the standards of the Coastal Development District regulations. Permits to legalize this type of development and parcel shall be conditioned to maximize consistency with Local Coastal Program resource protection policies. d. On undeveloped parcels created before Proposition 20, on lands located within 1,000 yards of the mean high tide line, or the Coastal Act of 1976, on lands shown on the official maps adopted by the Legislature, a Coastal Permit be issued to legalize the parcel if the parcel configuration will not have any substantial adverse impacts on coastal resources, in conformance with the standards of review of the Coastal Development District regulations. Permits to legalize this type of parcel shall be conditioned to maximize consistency with Local Coastal Program resource protection policies. A separate Coastal Development Permit, subject to all applicable Local Coastal Program requirements, shall be required for any development of the parcel. e. On undeveloped illegal parcels created after Proposition 20, on lands located within 1,000 yards of the mean high tide line, or the Coastal Act of 1976, on lands shown on the official maps adopted by the Legislature, a Coastal Development Permit is necessary to legalize the parcel. A permit may be issued only if the land division is in conformance with the standards of the Coastal Development District regulations. 1.30 Notices of Violation The County shall discourage the creation of illegal parcels by developing and implementing a system for the timely review of all newly recorded parcels in the Coastal Zone. Notices of violation, as provided for in Government Code Section 66499.36 shall be promptly filed on the deeds of those parcels which have not received required government approvals. *1.31 Local Coastal Program Amendments a. Local Coastal Program policies, or subsections of such policies, identified by an asterisk (*), may be amended or repealed only after approval by a majority of the voters of San Mateo County, voting in a valid election. The Board of Supervisors may, by a four-fifths vote after consideration by the Planning Commission, submit proposed amendment(s) to the voters. b. Subsection a. does not apply to amendments to Local Coastal Program policies or subsections of such policies, identified by an asterisk (*), which would further restrict non-agricultural development, density or use, providing that such amendments conform with the California Coastal Act of 1976 or other State law. c. Local Coastal Program policies or subsections of such policies, not identified by an asterisk (*), may be amended by the Board of Supervisors in conformance with the California Coastal Act. 1.32 Designation of Farm Labor Housing Areas Designate the area shown on Map 1.2 as Farm Labor Housing. 1.33 Land Use and Development Density for Farm Labor Housing Areas Permit, in Farm Labor Housing areas, the land uses designated on the Land Use Plan Map and at densities specified in Table 1.2. RG:cdn - RXGC1982.ACM (8/14/92)