§ 155.104.070 RELATIONSHIP TO THE LOCAL COASTAL PROGRAM.

   (A)   Implementation plan separate from Zoning Code. Eureka’s Local Coastal Program Implementation Plan (“Implementation Plan”) is separate from the Zoning Code. The Implementation Plan, found in Municipal Code Ch. 156 (Coastal Zoning), establishes regulations that apply in Eureka’s coastal zone to implement the Local Coastal Program Land Use Plan in accordance with the California Coastal Act of 1976. The Implementation Plan contains:

      (1)   Coastal zoning districts with allowed land uses and development standards that apply to zoning districts within the coastal zone;

      (2)   Additional regulations needed to implement the Land Use Plan; and

      (3)   Procedures for the approval of coastal development permits and other permits and approvals in the coastal zone.

   (B)   Implementation Plan limited to Ch. 156. The Implementation Plan is limited exclusively to Municipal Code Ch. 156. No contents of the Zoning Code, irrespective of its applicability in the coastal zone, are considered a part of the Implementation Plan.

   (C)   Applicability in coastal zone. The Zoning Code and Implementation Plan both contain requirements that apply in the coastal zone, as follows.

      (1)   Implementation plan requirements. Implementation Plan requirements apply fully to all uses, structures and activities in the coastal zone in accordance with the California Coastal Act. In case of conflict between the Implementation Plan and the Zoning Code, the Implementation Plan governs.

      (2)   Requirements in both Zoning Code and Implementation Plan. Certain topics are addressed in both the Zoning Code and the Implementation Plan (e.g., parking, signs). For these topics, the Implementation Plan requirements govern in the coastal zone. All Zoning Code requirements superseded by the Implementation Plan are identified in the Zoning Code with notes in their respective sections.

      (3)   Zoning code content not in the Implementation Plan. Zoning Code requirements that are not specifically addressed in the Implementation Plan fully apply in the coastal zone. For example, Zoning Code requirements for the processing of permit applications, which is not addressed in the Implementation Plan, apply to all development projects. While these Zoning Code requirements may apply in the coastal zone, they are not considered a part of the Implementation Plan.

(Ord. 885-C.S., passed 5-21-19)