The following criteria shall apply to amendment to the Local Coastal Program Land Use Plan:
(a) Rural Services Line. The Rural Services Line shall not be expanded to accommodate additional new urban density residential development.
(b) Recreation. New Park and Recreation designations for commercial recreation uses in rural areas shall be compatible with adjacent land uses, and consistent with available infrastructure, agricultural, visual and natural resource protection, and other Local Coastal Plan policies and may only be approved when there are no feasible locations for such use in existing urban areas.
(c) Neighborhood Commercial. New Neighborhood Commercial designations in residential areas shall only be allowed where a local need and market exists as determined by a market assessment commensurate in scale to the proposed project and conducted as part of the environmental assessment.
(d) Agriculture. The conversion of agricultural lands (changing the use designation from agriculture to non-agriculture uses) around the periphery of urban areas shall not be permitted except where it can be demonstrated that the viability of existing agricultural use is already severely limited by conflicts with the urban uses, where the conversion of land would complete a logical and viable neighborhood and contribute to the establishment of a stable limit to urban development, and where the conversion of such land would not impair the viability of other agricultural lands in the area.
(e) Resource Based Industries. Designation of new Resource Based Industry shall be allowed only where the following findings can be made:
(1) The site is adequate and appropriate for the proposed use.
(2) The project is compatible with available service infrastructure, surrounding uses, and the existing local economy.
(3) The development is consistent with all applicable Local Coastal Program resource protection policies and use priorities.
(f) Light Industry. Designation of new Light Industry shall be allowed only where the following findings can be made:
(1) No other feasible alternative sites exist.
(2) There is a demonstrated need for new sites.
(3) The site is not suitable or designated for Local Coastal Program priority uses.
(4) A compelling public need is demonstrated.
(5) Development of the site would be consistent with all Local Coastal Program resource protection policies.
(g) Heavy Industry—Application Requirements. The following information shall be submitted as a part of any Local Coastal Program Amendment request to permit Heavy Industry:
(1) Documentation demonstrating that the proposed use is coastal-dependent.
(2) A plot plan of the entire area under lease or ownership showing relationship of proposed facilities to ultimate development of all facilities.
(3) A map showing relationship of proposed facilities to other buildings, structures and/or natural or artificial features, including sensitive habitats, prime agricultural lands, commercial fisheries, tourist dependent resources, recreational areas, scenic resources and archaeologically sensitive sites within 1,000 feet of the facilities.
(4) A plan for the consolidation, to the maximum extent feasible, of facilities.
(5) A phasing plan for the staging of development which indicates the approximate anticipated timetable for project installation, completion and for decommissioning, where appropriate.
(6) A plan for eliminating adverse impacts on habitat areas, prime agricultural lands, tourist dependent resources, commercial fisheries, recreational areas, scenic resources, archaeologically sensitive sites, neighboring residents, and neighborhood character due to siting, construction or operation of facilities.
(7) Plans and profiles of any major grading required for construction and production.
(8) Procedures for the abandonment and restoration of the site which indicate restored contours of the land, topsoil replacement and revegetation upon abandonment, unless abandonment-in-place is determined to be less environmentally damaging.
(h) Heavy Industry—Requirements for Approval. Designation of new Coastal-Dependent Heavy Industry shall be allowed only where the following findings can be made:
(1) The proposed use is coastal-dependent.
(2) Alternative locations are infeasible or more environmentally damaging.
(3) National economic and security interests would be significantly adversely affected by not approving the proposed project.
(4) Adverse environmental effects will be mitigated to the maximum extent feasible.
(5) The proposed industrial use is consistent with Local Coastal Program policies.
(6) Compensation is provided for losses to the local economy resulting from the impacts of the proposed project.
(7) An analysis of the visibility of proposed facilities from off-site public viewing areas has been submitted and a landscape plan to minimize this visibility, including methods and materials for screening, such as fencing, plant species, depression below grade or other methods, will be implemented.
(8) Procedures for the transport and disposal of all solid and liquid wastes will be adequate to protect the environment.
(9) Fire prevention procedures meet all requirements of the local fire official.
(10) The project will comply with the air quality regulations of the Monterey Bay Air Pollution Control District and other applicable air quality regulations.
(11) Local infrastructure, including water, sewer, fire protection and road capacity, is adequate to service project needs. Water conservation techniques will be utilized by the project.
(i) Energy Facilities—Application Requirement. The following information shall be submitted, in addition to the requirements of paragraph (h) above, as a part of any request for amendment of the Local Coastal Program to permit Energy Facilities:
(1) The location of oil and gas wells on the plot plan.
(2) Plans for the maximum consolidation of facilities, including consolidation with other operators.
(3) Plans detailing grading required for pad and road construction.
(4) Contingency plan for oil and toxic substances spillage indicating the location and type of cleanup equipment available, the response time required for deployment of the equipment, and the designation of management responsibility. The information must demonstrate that the cleanup, disposition of wastes, and reporting procedures are fully adequate to provide effective containment of any spillage without significant damage to coastal resources for the maximum spillage predicted, based on weather conditions equal to fifty (50) percent of the “worst case” weather conditions predicted.
(j) Energy Facilities—Requirements for Approval. In addition to complying with all other stated Land Use Plan policies, amendments to the Local Coastal Program Land Use Plan to permit the location of Energy Facilities shall only be allowed where the following findings can be made:
(1) All findings two (2) through eleven (11) required by paragraph (h) above.
(2) Adequate infrastructure and public services are available including, but not limited to, water, sewer, fire protection, road capacity, law enforcement and medical services.
(3) The use would provide full protection of sensitive habitat areas, commercial fishing, recreational and agricultural uses.
(4) The use would be visually compatible with and have minimum disruption of viewsheds.
(5) The use would be consistent with federal, state and local air quality regulations.
(6) Where the energy facility is for an on-shore facility serving offshore oil development, a vote of the people will be required. (Ord. 3325, 11/23/82; 3431, 8/23/83; Ord. 4346, 12/13/94)