[Ord. 672]
Coastal Development Procedures are established to insure that all public and private development in the City of Avalon is consistent with the City's certified Local Coastal Program.
[Ord. 672, as amended by § 4, Ord. 728, eff. October 5, 1982]
In addition to any other permits or approvals required by the City, a coastal development permit shall be required prior to commencement of any development in the City, except:
(a)
Development on tidelands or submerged lands, or public trust lands which require a permit from the Coastal Commission;
(b)
Developments determined to be excluded from the coastal permit requirements as established in Division 20, § 30610 of the Public Resources Code, as set forth below;
(1)
Improvements to existing single-family residences except those classes of development which involve a risk of adverse environment effect, defined as:
(i)
Improvements to single-family structure within 50 feet of the edge of a coastal bluff;
(ii)
The expansion or construction of water wells or septic systems:
(iii)
On property located between the sea and the first public road paralleling the sea or within 30 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greatest distance, improvement that would result in:
A.
An increase in more than 10% of internal floor area of an existing structure; or
B.
An additional improvement of 10% or less where an improvement to the structure has previously been undertaken pursuant to § 9-8.102A, above;
C.
The construction of an additional story (including lofts) in an existing structure;
D.
Any significant non-attached structure such as garages, fences, shoreline protective works, docks, or trees.
For the purpose of this division, where there is an existing single-family residential building, the following shall be considered part of that structure:
1.
All fixtures and other structures directly attached to a residence;
2.
Structures on the property normally associated with single-family residence such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and
3.
Landscaping on the lot.
(2)
Improvements to existing structures other than single-family dwellings or public works facilities except those types of improvements which involve a risk of adverse environmental effect or adversely affect public access, defined to be:
(i)
Improvements to any structure on a beach, stream or seaward of the mean high tide line.
(ii)
Any significant alteration of land forms, including removal or placement of vegetation, on a beach or within 100 feet of the edge of a coastal bluff or stream;
(iii)
The expansion or construction of water wells or septic systems;
(iv)
On property located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach, whichever is the greater distance, an improvement that would result in:
A.
An increase in 10% or more of external floor area of the existing structure, or
B.
An additional improvement of 10% or less where an improvement to the structure has been previously undertaken pursuant to § 9-8.102A, above.
C.
The construction of an additional story (including lofts) in an existing structure.
(v)
Any improvement to a structure which changes the intensity of use of the structure;
(vi)
Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion, or motel/hotel time sharing conversion.
(3)
Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.
(4)
Repair or maintenance activities that do not result in an addition to or enlargement or expansion of, the object of such repair or maintenance activities. However, the following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact.
(i)
Any method of repair maintenance of a seawall revetment, bluff retaining wall, breakwater, groin or similar shoreline work that involves:
A.
Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;
B.
The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work;
C.
The replacement of 20% or more of the materials of an existing structure with materials of a different kind; or
D.
The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within 20 feet of coastal waters or streams.
All repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the California Coastal Act of 1976, including, but not limited to, the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code § 30700. |
(ii)
The replacement of 50% or more of a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership is not repair and maintenance, but instead constitutes a replacement structure requiring a coastal development permit.
(iii)
Notwithstanding the above provisions, the executive director of the Coastal Commission shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, State agencies, and public utilities (such as railroads) involving shoreline works protecting transportation roadways.
(iv)
Pursuant to this section, the Coastal Commission may issue a permit for on-going maintenance activities for a term in excess of the two-year term provided by these regulations.
(5)
The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this division; provided, that the Coastal Commission may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources.
(6)
The replacement of any structure, other than a public works facility, destroyed by natural disaster. Such replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk or the destroyed structure by more than 10%, and shall be sited in the same location on the affected property as the destroyed structure.
As used in this subdivision, "natural disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.
(7)
The construction of a single-family home or a vacant lot, provided:
(i)
The construction of a single-family home on the vacant lot will not be located between the first public road and the sea or immediately adjacent to the inland extent of any beach or of the mean high tide line where there is no beach;
(ii)
The vacant lot is a legal lot as of January 1, 1982 or conforms with the minimum lot size and lot use designations of the Avalon General Plan and Zoning Ordinance;
(iii)
The single-family residence can be served by an adequate water supply for domestic and fire flow purposes;
(iv)
The single-family residence can be served by the City's sewer system;
(v)
The lot is not located within an area known to be a geologic hazard area or as a flood hazard area, or, if located within such an area has been determined by the City to be a safe site for the construction of a single-family residence;
(vi)
The lot is no more than 250 feet from an existing improved road adequate for use throughout the year.
[Ord. 672, as amended by § 5, Ord. 728, eff. October 5, 1982]
The following procedures shall be required for local coastal development permits prior to the issuance of such permit, provided that such permits may be considered concurrently with or subsequent to any procedures authorized by this title, or the subdivision regulations of the City.
(a)
Jurisdiction. An application for a local coastal development permit shall be considered by the Planning Commission.
(b)
Hearing Required. A public hearing shall be required prior to approval of a local coastal development permit.
(c)
Consolidation of Process. The approval of a coastal development permit may be consolidated with local planning processes, including site plan review, and need not be a separate item or issue of review providing requirements pertaining to notice and findings are fulfilled.
(d)
Findings Required. A local coastal development permit shall be granted only upon specific factual findings supporting the conclusion that:
(e)
Date of Final Local Action. The date when the appeal period on all local actions on the development has expired without a local appeal, or the date of action on the local appeal(s), provided that no action to approve shall become final without adoption of the required findings of fact, or the date when the City is notified by the applicant that the application is approved by operation of law pursuant to §§ 65050 — 65957.1 of the Government Code.
(f)
Appeal of Commission Decision and Notice of Final Local Action.
(1)
An appeal of the Planning Commission action may be filed by any person within 15 days after mailing notice of the action to the applicant. Any appeal shall be submitted in writing to the City Council and shall specify the grounds for the appeal.
(2)
Upon receiving a notice of appeal, the City Council may:
(i)
Affirm the action of the Commission; or
(ii)
Require a transcript or recording of the testimony and all other evidence upon which the Commission made its decision, and after receiving such evidence take such action as, in its opinion is indicated by such evidence alone; or
(iii)
Refer the matter back to the Commission, with or without instructions for further proceedings; or
(iv)
Set the matter for hearing before itself. At such hearing, it shall hear and decide the case de novo.
(3)
In any case in which the City Council set the matter for hearing before itself, or receives the transcript or recording and all other evidence upon which the Commission made its decision, City Council's decision on appeal need not be limited to the points appealed, but may cover all phases of the matter including the addition or deletion of any conditions.
(4)
Within seven calendar days after the expiration of the appeal period to the City Council, if no appeal is filed, or within seven calendar days of the date of the action of the City Council, a notice shall be sent to the Coastal Commission, and to any persons who specifically request such notice by submitting a self-addressed stamped envelope. Such notice shall include the written findings of fact required to approve the local coastal development permit and the conditions imposed on the approval, if the permit is approved. Any notice of final local action shall include the procedures for appeal of the action to the Coastal Commission and an indication as to whether the development is in an appealable area.
(g)
Appeals to Coastal Commission. All actions on local coastal development permits seaward of the appealable area boundary may be appealed by any aggrieved person to the Coastal Commission according to the procedures of the Coastal Commission provided that:
(1)
All local appeals of City actions provided for by this section have been exhausted and no fee was charged the appellant for such appeal; and
(2)
Any Coastal Commission appeal by two or more Coastal Commissioners, when the local appeals of City actions provided for by this section have not been exhausted, shall constitute a local appeal to the City for any local appeal which has not been exhausted. Any local action to modify or reverse the appeal action shall require that a new Coastal Commission appeal by two or more Coastal Commissioners be filed in order to constitute a complete Coastal Commission appeal.
(h)
Determination That a Proposed Development is Seaward of the Appealable Area Boundary.
(1)
Jurisdiction. Determination that a proposed development is seaward of the appealable area boundary shall be made by the Planning Commission.
(2)
Means of Determination. Determination shall be made by locating the development on the appealable area boundary map adopted in conjunction with the Local Coastal Program, attached herewith as Exhibit IX by reference.
(3)
Appeal of Determination. Any person may appeal the Commission's determination by requesting a referral of the matter to the Executive Director of the Coastal Commission. If the determination of the Executive Director of the Coastal Commission differs from that of the Commission, then the matter shall be resolved by a hearing before the Coastal Commission.
(i)
Effective Date of a Local Coastal Development Permit. A local coastal development permit shall be effective as follows:
(1)
Outside Appealable Area: On final local action;
(2)
Within Appealable Area: At the conclusion of the 21st day after final local action; unless
(i)
It is appealed - then the permit shall become effective after action on the appeal by the Coastal Commission;
(ii)
Notice to the Coastal Commission is not mailed by the City within seven days after final local action - then permit shall become effective at the conclusion of the 14th day after a complete notice is mailed, but not later than at the conclusion of the 21st day after final local action; or
(iii)
The Coastal Commission notifies the City and the applicant that notice was not received or distributed in a timely manner, or that the notice was not complete, or does not adequately describe the development - then the permit becomes effective at the conclusion of the 14th day after receipt of such notice from the Coastal Commission or on the date specified by the Coastal Commission.
[Ord. 672]
(a)
AGGRIEVED PERSON – Shall mean any person who testified personally or through a representative at a public hearing or who informed the staff of the Planning Commission hearing of an interest in the subject of a hearing.
(b)
APPEALABLE AREA – Shall mean that portion of the coastal zone seaward of the appealable area boundary as established on a map adopted in conjunction with final certification of the Avalon Local Coastal Program, attached herewith as Exhibit IX by reference.
(c)
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 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 § 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 Z'berg-Nejedly Forest Practice Act of 1973 (commencing with § 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line and electrical power transmission and distribution line.
(d)
PUBLIC WORKS PROJECT – Shall mean any action undertaken by the City or under contract to the City to construct, alter, repair or maintain any City structure, utility or right-of-way, including the erection of public signs, the painting or removing of street lines, parking space designations, or the painting or removing paint from curbs, the maintenance, repair and improvement of public streets, the installation and maintenance of landscaping, the repair and expansion of harbor facilities, the maintenance and development of City utilities, including the salt water system repair and improvement to structures maintained, used, or owned by the City, and the repair, replacement, maintenance or development of public facilities under emergency circumstances.
[Ord. 672]
(a)
Notices Required. Notice shall be given for all public hearings for coastal permit proceedings not less than 10 days or more than 45 days prior to the hearing date by all of the following means:
(1)
The mailing of notice to the property owner, applicant, or duly authorized agent;
(2)
The mailing of a notice to all property owners within 300 feet of the subject property as shown on an assessment roll of the County of Los Angeles;
(3)
The publishing of the notice one time in a paper printed and published within the City of Avalon;
(4)
The mailing of a notice to the Coastal Commission;
(5)
The mailing of a notice to all persons requesting notice for the individual project or all coastal zone hearings; and
(6)
The posting of a notice on the site. The posting and maintenance of such notice shall be the responsibility of the applicant. Such notices shall be posted in a manner prescribed by the Planning Commission. Failure to adequately post or maintain the notice shall be cause for the continuance of the hearing.
(b)
Notice Contents. All coastal permit hearing notices shall contain, as a minimum, the following information:
(1)
The applicant's name;
(2)
The filing date;
(3)
The case number for the project;
(4)
The location of the project, whether it is in the coastal zone and whether it is appealable to the Coastal Commission;
(5)
A description of the project;
(6)
The reason for the public hearing;
(7)
The date, time and place of the public hearing;
(8)
The general procedures for the hearing and receipt of public comments; and
(9)
The means for appeal, including appeal to the Coastal Commission, when applicable.
(c)
Notice consolidated. Notices required under this chapter may be consolidated with other notices required by the Zoning Ordinance.
[Ord. 672]
Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, partially approve, deny, continue or take under advisement the subject of the coastal permit public hearing.
[Ord. 672]
Prior to the time set for any coastal permit public hearing, any person having any interest affected by the pending application may file with the Planning Commission a written statement either approving or objecting to the application. Any person may also appear at the hearing to present oral testimony.
[Ord. 672]
Reasonable and necessary conditions shall be attached to all decisions, to adhere to the purposes of the Local Coastal Program.
[Ord. 672]
All decisions shall be final after the time for filing an appeal has expired if no appeal has been filed; or, if appealed, when the appeal is decided, provided that no decision shall be final until the required findings of fact have been adopted; except that decisions on local coastal development permits seaward of the appealable area boundary shall not be final until the procedures specified in §§ 9-8.101 — 9-8.104 are completed.
[Ord. 672]
The Commission shall have continuing jurisdiction over all coastal permits issued under the provisions of this article in order to monitor compliance with the provisions and conditions of approval.
[Ord. 672]
Except as otherwise provided, upon determination that there has been a violation of the conditions of any coastal permit or approval provided by this article, the Commission shall schedule a public hearing to determine if such permit or approval should be revoked. If the Commission finds that the conditions have been violated and that the property owner has not made a good faith effort to comply, the permit or approval shall be revoked. The property owner shall have the same right of appeal as would have been applicable if the initial application had been denied by the Commission.
[Ord. 672; § 1, Ord. 866-91, eff. October 3, 1991; § 2, Ord. 897-93, eff. June 3, 1993]
Except as otherwise provided in the conditions of approval, every right or privilege authorized under this article shall terminate 36 months after the granting of the request if such right or privilege has not been exercised in good faith within such time. Such termination shall take effect without further City action if a timely request for an extension of time has not been made or is denied. Any interruption or cessation of the permitted activity that is beyond the control of the property owner shall not result in the termination of such right or privilege.
Upon written request submitted not less than 30 days prior to termination of the approval, the Planning Commission may grant one six-month extension of such right or privilege but only upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance. The City Council may grant one additional extension of not more than six months upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance.
Notice of hearing on any requested extension shall be given to any person who requests notice at or after the hearing on the original grant of the approval.
[Ord. 672]
A permit or other zoning exception may be amended at a public hearing. Notice of hearing on the requested amendment shall be given to any person determined by the Planning Commission to have been aggrieved at the original hearing. Such amendment may be approved if it is found that:
[Ord. 672]
Any legal action or proceeding to attack, review, set aside, void or annul any decision of matter or proceedings provided in this article shall be commenced within 30 days after the decision becomes final; except that legal action on developments in the coastal zone taken under the provisions of Division 20, Chapter 9, § 30000 et seq., of the Public Resources Code, shall be commenced within 60 days after the decision becomes final.
Thereafter, all persons are barred from bringing such action or proceeding or from raising any issue of invalidity or unreasonableness of such decision. No person shall maintain such legal action until he has exhausted all administrative remedies.