Note: Prior ordinance history: Ord. 1226.
It is the purpose and intent of this chapter to establish a procedure for the processing of coastal development permits within the city's coastal zone, consistent with the city's certified Local Coastal Program and pursuant to Public Resources Code Section 30600(d) and Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 17 of the California Administrative Code.
The coastal zone, existing as a delicately balanced ecosystem,
is a distinct and valuable natural resource of vital and enduring
interest to all people of the city.
The permanent protection of coastal resources, both natural
and scenic, is a paramount concern to the present and future residents
of the city, state and nation.
To promote the public safety, health and welfare and to protect
public resources and the natural environment, it is necessary to protect
the ecological balance of the coastal zone and to prevent its deterioration
and destruction.
Existing developed uses and future developments that are carefully
planned and developed consistent with the city's adopted Local Coastal
Program are essential to the economic and social well-being of the
people of the city.
In recognition of the unique qualities of the coastal zone,
its special communities and fragile natural resources, it is further
the intent of this chapter to provide for maximum public participation
in the review of all development which may have potential to adversely
affect such resources.
(Ord. 1253 § 1, 1992)
A coastal development permit shall be required for all proposed development within the coastal zone except for development specifically exempted under Sections 25.07.008 and 25.07.010. Development undertaken pursuant to a coastal development permit shall conform to the plans, specifications, and terms and conditions approved or imposed in granting the permit.
(Ord. 1253 § 1, 1992)
For the purposes of this chapter, the following definitions
shall apply:
means any development project which may be appealed to the
coastal commission in accordance with the adopted regulations of the
coastal commission and is located within or constitutes any of the
following:
Approval of a development project located within any appealable
area, as follows:
All area between the sea and first public road paralleling the
sea or within three hundred feet of the inland extent of any beach
or the mean, high- tide line of the sea where there is no beach, whichever
is the greater distance,
All area within one hundred feet of any wetland, estuary, or
stream and all area within three hundred feet of the top of the seaward
face of any coastal bluff;
Approval or denial of a development project which constitutes
a major public works project or a major energy facility.
means any person, board, commission or council authorized
by the applicable zoning or specific plan regulations, or by the provisions
of this chapter.
is a permit issued by the city of Laguna Beach or the coastal
commission to perform or undertake any development within the coastal
zone.
means the placement or erection of any solid material or
structure on land or in or under water; the discharge or disposal
of any dredged material or of any gaseous, liquid, solid or thermal
waste; the grading, removing, dredging, mining or extraction of any
materials; a change in the density or intensity of use of land including,
but not limited to, the subdivision of land pursuant to the Subdivision
Map Act (commencing with Section 66410 of the Government Code) and
any other division of land, including lot splits; change in intensity
of use of water, or of 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;
and kelp harvesting.
means sudden, unexpected occurrence demanding immediate action
to prevent or mitigate loss of or damage to life, health, property
or essential public services.
means any area in which plant or animal life or their habitats
are either rare or especially valuable because of their special nature
or role in an ecosystem and which could be easily disturbed or degraded
by human activities and development.
means a change in the use of a lot or premises which, based
upon the provisions of the underlying zone, requires more off-street
parking than did the immediately preceding legal use of such lot or
premises.
means any public or private processing, producing, generating,
storing, transmitting, or recovering facility for electricity, natural
gas, petroleum, coal or other source of energy which exceeds one hundred
thousand dollars in its estimated cost of construction with an automatic
increase in accordance with the Engineering News Record Construction
Cost Index, except for those governed by the provisions of Public
Resources Code Section 30610, 30610.5, 30611 or 30624.
means a public works project which exceeds one hundred thousand
dollars in its estimated cost of construction with an automatic increase
in accordance with the Engineering News Record Construction Cost Index,
except for those governed by the provisions of Public Resources Code
Section 30610, 30610.5, 30611 or 30624.
means the following:
All production, storage, transmission and recovery facilities
for water, sewage, 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 major energy facilities;
All public transportation facilities, including streets, roads,
highways, public parking lots and structures, mass transit facilities
and stations, bridges, trolley wires and other related facilities;
All publicly financed recreational facilities, all projects
of the State Coastal Conservancy and any development by a special
district.
means any person who, in person or through a representative,
appeared at a public hearing of the commission or local government
in connection with the decision or action appealed, or who, by other
appropriate means prior to a hearing, informed the commission or local
government of the nature of his or her concerns or who for good cause
was unable to do either. Qualified appellant includes the applicant
for a permit and the local government involved.
means anything that is constructed or built; for example,
a building, road, pipe, flume, conduit, siphon, aqueduct, telephone
line, or electrical power transmission and distribution line.
(Ord. 1253 § 1, 1992)
(A)
Certain types of development, described as follows, are considered
to be without risk of adverse environmental effect on coastal resources,
including public access, and therefore do not require a coastal development
permit unless indicated otherwise.
(1)
Improvements to Single-Family Dwellings. Improvements to single-family
dwellings and mobile homes, including structures located on the same
lot as the single-family dwelling are normally associated with a single-family
dwelling such as garages, swimming pools, fences, storage sheds and
landscaping, are exempt unless classified as one of the following:
(a)
Guest houses and self-contained accessory dwelling units (excluding
conversions of habitable area within the walls of the primary dwelling
unit; where habitable area means an area that meets the requirements
of the California Building Code (CBC) for sleeping, living, cooking,
or dining purposes, excluding enclosed places (e.g., closets, bath
or toilet rooms, hallways, laundries, pantries, storage spaces, utility
rooms, etc.);
(b)
Improvements to any structure where the structure or the improvement
is located on a beach, in a wetland or stream, seaward of the mean
high tide line within fifty feet of a coastal bluff edge, in an environmentally
sensitive area, and/or in an area designated as highly scenic in the
certified Land Use Plan;
(c)
Improvements to any structure where the structure or the improvement
is located between the sea and the first public roadway paralleling
the sea, or within three hundred (300) feet of the inland extent of
any beach or of the mean high tide line of the sea where there is
no beach, whichever is the greater distance when such improvements
would constitute or result in any of the following:
1.
An increase of ten percent or more of an internal floor area of the
existing structure on the building site or an additional increase
in floor area (meaning an improvement to the structure had previously
occurred pursuant to an exemption) bringing the aggregate increase
to ten percent or more cumulatively over time,
2.
An increase in height of more than ten percent of any structure,
3.
The construction, placement or establishment of a detached structure
such as a garage, fence, shoreline protective works, or docks;
(d)
Expansion or construction of a water well or septic system;
(e)
Improvements in an area which the Coastal Commission has determined
to have a critically short water supply that must be maintained for
the protection of coastal resources or public recreational use including
the construction of any major water-using development not essential
to residential use such as, but not limited to, swimming pools or
the construction or extension of any landscaping irrigation system;
(f)
Any improvement where the coastal development permit issued for the
original structure indicates that future improvements would require
a coastal development permit;
(g)
Any significant alteration of land forms including removal or placement
of vegetation on a beach, wetland, or sand dune, or within fifty feet
of the edge of a coastal bluff or stream, or in areas of natural vegetation
or in other environmentally sensitive areas.
(2)
Improvements to Structures Other Than Single-Family Dwellings. Improvements
to an existing structure (including attached fixtures and landscaping)
other than single-family dwellings or public works facilities are
exempt unless classified under one of the following:
(b)
Improvements to any structure which would result in a change in the
intensity of use of the structure;
(c)
Improvements pursuant to conversion of an existing multiple-unit
residential structure or visitor-serving commercial use to a use involving
a fee ownership or long-term leasehold, including, but not limited
to, a condominium or stock cooperative conversion;
(d)
Any significant alteration of land forms including removal or placement
of vegetation on a beach or sand dune, in a wetland or stream, within
one hundred (100) feet of the edge of a coastal bluff or stream or
in areas of a highly scenic area, and/or in an environmentally sensitive
area.
(3)
Repair and Maintenance Activities. Repair and maintenance activities
that do not result in an addition to, or enlargement or expansion
of, the object of such repair and maintenance activities, except the
following types of development, which are not exempt:
(a)
Repair or maintenance of a sea wall revetment, bluff retaining wall,
breakwater, groin, culvert, outfall or similar shoreline work that
involves any of the following:
1.
Substantial alteration of the foundation including pilings and other
surface and subsurface structures,
2.
The placement, whether temporary or permanent, of rip-rap, or artificial
berms of sand or other beach material, or any other form of solid
material, on a beach or in coastal waters, streams, wetlands, estuaries
and lakes, or on shoreline protective works,
3.
The replacement of twenty (20) percent or more of the materials of
an existing structure with materials of a different kind,
4.
The presence, whether temporary or permanent, of mechanized construction
equipment or materials on any sand area or bluff or environmentally
sensitive area or within twenty (20) feet of coastal waters or streams;
(b)
The replacement of twenty (20) percent or more of a sea wall revetment,
bluff retaining wall, breakwater, groin, or similar protective work
under one ownership, unless destroyed by natural disaster;
(c)
Any method of routine maintenance dredging that involves:
1.
The dredging of one hundred thousand (100,000) cubic yards or more
within a twelve (12) month period, or
2.
The placement of dredge spoils of any quantity within an environmentally
sensitive area, or any sand area, within fifty (50) feet of the edge
of a coastal bluff or environmentally sensitive area, or within twenty
(20) feet of coastal waters or streams, or
3.
The removal, sale, or disposal of dredge spoils of any quantity that
would be suitable for beach nourishment in an area the Coastal Commission
has declared by resolution to have a critically short sand supply
that must be maintained for protection of structures, coastal access
or public recreational use;
(d)
Any repair or maintenance to facilities or structures or work located
in an environmentally sensitive area, any sand area, within fifty
(50) feet of the edge of a coastal bluff or environmentally sensitive
area; or within twenty (20) feet of any coastal waters or streams
that include:
1.
The placement or removal, whether temporary or permanent, of rip-rap,
rocks, sand or other beach materials or any other forms of solid materials,
2.
The presence, whether temporary or permanent, of mechanized equipment
(excluding small hand tools, such as power saws, hand drills, nail
guns) or outdoor storage of construction materials within the areas
identified above in this subsection,
(4)
Utility Connections. 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 chapter is exempt, provided that the City may require reasonable
conditions for mitigation measures for any impacts on coastal resources,
including scenic resources.
(5)
Destroyed Structures. The replacement of any structure, other than
a public works facility, destroyed by natural disaster is exempt,
provided such replacement structure is designed and intended for the
same use as the destroyed structure and further, such replacement
structure does not exceed the floor area, height or bulk of the destroyed
structure by more than ten percent and is sited in the same location
on the same building site as the destroyed structure.
(6)
Temporary Events on Beach Areas.
(a)
Temporary events on beach areas are exempt from coastal development
permit requirements except those which meet all of the following criteria:
(b)
The Director of Community Development may also exclude from coastal
development permit requirements temporary events on beach areas meeting
all of the above criteria when:
1.
The fee is preferred seating only and more than 75% of the provided
seating capacity is available free of charge for general public use;
or
2.
The event is held on sandy beach area in a remote location with minimal
demand for public use, and there is no potential for adverse effect
on sensitive coastal resources; or
3.
The event is less than one day in duration; or
4.
The event has previously received a coastal development permit and
will be held in the same location, at a similar season, and for the
same duration, with operating and environmental conditions substantially
the same as those associated with the previously-approved event.
(c)
The Director of Community Development may determine that a temporary
event on beach areas meeting all of the above criteria shall be subject
to coastal development review, if the Director of Com munity Development
determines that unique or changing circumstances exist relative to
a particular temporary event that has the potential for significant
adverse impacts on coastal resources. Such circumstances may include
the following:
1.
The event, 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; or
2.
The event and its associated activities or access requirements will
either directly or indirectly impact environmentally sensitive areas,
rare or endangered species, significant scenic resources, or other
coastal resources as defined in this section;
3.
The event is scheduled between Memorial Day weekend and Labor Day
and would restrict public use of roadways or beach parking areas or
otherwise significantly impact pubic use or access to coastal waters;
4.
The event has historically required a coastal development permit
to address and monitor associated impacts to coastal resources.
(d)
"Coastal resources"
"Exclusive use"
"Limited duration"
"Non-permanent structures"
"Sandy beach area"
"Temporary event(s)"
Definitions. For purposes of this subsection (Section 25.07.008(A)(6)), the following definitions shall apply:
include, but are not limited to, public access opportunities,
visitor and recreational facilities, water-oriented activities, marine
resources, biological resources, environmentally sensitive areas,
agricultural lands, and archaeological or paleontological resources.
means a use that precludes use in the area of the event for
public recreation, beach access or access to coastal waters other
than for or through the event itself.
means a period of time which does not exceed a two-week period
on a continual basis, or does not exceed a consecutive four-month
period on an intermittent basis.
include, but are not limited to, bleachers, perimeter fencing,
vendor tents/canopies, judging stands, trailers, portable toilets,
sound/video equipment, stages, platforms, movie/film sets, etc., which
do not involve grading or landform alteration for installation.
includes publicly owned and privately owned sandy areas fronting
on coastal waters, regardless of the existence of potential prescriptive
rights or a public trust interest.
means an activity or use that constitutes development as
defined in Section 25.07.006(D); and is an activity or function of
limited duration; and involves the placement of nonpermanent structures;
and/or involves exclusive use of a sandy beach, parkland, filled tidelands,
water, streets or parking area which is otherwise open and available
for general public use.
(7)
The placement and operation of any wireless communications facility within the public right-of-way is exempt, provided that the facility is mounted to an existing structure or a replacement structure sited within three feet of the existing location. If the placement and operation of any wireless communications facility within the public right-of-way is not exempt pursuant to Section 25.07.008 because it would result in impacts to public access, scenic resources, ESHA, and other coastal resources, it requires a coastal development permit, and the City may require reasonable conditions to avoid or mitigate any impacts on coastal resources.
(B)
Record of Exemptions. Consistent with Section 25.07.014(A) of this chapter, the Community Development Director shall maintain a record of all development within the coastal zone that were exempted from the requirements of the coastal development permit process. This record shall be available on the City's website. The record of exemption shall include the name of the applicant, the location of the project, and a complete description of the project. For exemptions issued for development that is appealable to the Coastal Commission, the Community Development Director shall also provide notification to the Executive Director of the Coastal Commission of any record of exemptions within seven (7) calendar days of the exemption determination or issuance.
(C)
Appeal of Exemption Determination to Coastal Commission. Appealable development, as defined in Section 25.07.006, that is exempted from the requirements of the coastal development permit process shall not commence until the applicable appeal period expires without the lodging of an appeal, or, if appealed, until all appeals to the Coastal Commission have been exhausted. Exemption determinations appealable to the Coastal Commission may be appealed by a qualified appellant, as defined in Section 25.07.006(L), within ten (10) working days from the date of Coastal Commission receipt and filing of a complete record of exemption. The grounds for appeal to the Commission shall be limited to an allegation that the development is not exempt as set forth in Section 25.07.008(A) above.
(Ord. 1253 § 1, 1992; Ord. 1649 § 2, 2020; Ord. 1653 § 4, 2021; Ord. 1665, 11/16/2021; Ord. 1679 § 4, 2022; Ord. 1688, 7/11/2023)
(A)
Authority. The Director of Community Development may issue a written
waiver from the coastal development permit requirements of this chapter
for any development that is de minimis, as defined in the next paragraph.
(B)
Determination of Applicability. A proposed development is de minimis
only if the Director determines, based on a review of an application
for a coastal development permit, that the development satisfies all
of the following requirements:
(1)
The proposed development is within the coastal zone and not appealable development (as defined in Section 25.07.006), not located within an appeal area, not within an area where the Coastal Commission retains permit jurisdiction, and no local public hearing is required.
(2)
The proposed development will be consistent with the certified Local
Coastal Program and involves no potential for any adverse effect,
either individually or cumulatively, on coastal resources. The determination
shall be made in writing and based upon factual evidence.
(3)
If a project site involves a violation, or the waiver proposes development
to address a violation, it is not de minimus.
(C)
Applicability. The Director may consider the following types of development for possible permit waivers, provided they meet the criteria in subsection (B) above:
(1)
Projects that do not require any conditions of approval for LCP consistency
(conditions for approval may be assigned for design review or other
discretionary approvals as needed) and for which all applicable policies
of the LCP are objective in nature; and
(2)
Projects located in areas where similar projects have been approved
as a routine matter without conditions or opposition.
(D)
Projects ineligible for a Waiver. If the Executive Director of the
Commission determines that a waiver is issued despite the below restrictions,
the waiver is invalidated. The following projects will not be considered
for possible waivers:
(1)
Projects that involve questions as to conformity with the certified
LCP, or that may result in potential impacts on coastal resources
and public access;
(2)
Projects with known opposition or probable public controversy or
on sites with alleged or outstanding violations of the LCP; and
(3)
Projects that involve divisions of land, including creation of condominiums;
and
(4)
Projects for which the Executive Director of the Coastal Commission is in the process of making determination regarding a violation, or appealability or if the project requires a coastal development permit, pursuant to Section 25.07.012(B).
(E)
Public Notice. If, upon review of the coastal development permit
application, the Director determines that the development is de minimis,
the City shall give notice of its review of the waiver for de minimis
development, as follows:
(1)
Mailing of Notices. Notice of intent to issue a de minimis waiver
shall also be provided to the Coastal Commission and to persons known
to be interested in the proposed development within ten (10) calendar
days of accepting an application for a de minimis waiver or at least
10 calendar days prior to the decision on the application. The director
shall provide notice, by first class mail, of pending waiver of permit
requirements. This notice shall be provided to all persons who have
requested to be on the mailing list for that development project or
site or for coastal decisions within the local jurisdiction, to all
property owners within three hundred (300) feet and residents within
one hundred (100) feet of the perimeters of the parcel on which the
development is proposed, and to the Coastal Commission.
(2)
Posting of Notices. A notice shall be provided on the City's website,
and the applicant shall post public notice of the de minimis waiver
on the property at a conspicuous place, easily read by the public
and as close as possible to the site of the proposed development,
for at least 10 calendar days prior to the director's final decision
granting the waiver.
(3)
Content of Public Notice. The notice shall contain the following
information:
(a)
A general description of the proposed project and location;
(b)
A statement that the development is within the coastal zone;
(c)
The date of filing of the application and the name of the applicant;
(d)
The number assigned to the application;
(e)
The date on which the waiver may become effective;
(f)
The general procedure concerning the submission of public comments
either in writing or orally prior to the decision; and
(g)
A statement that a public comment period of sufficient time to allow
for the submission of comments by mail will be held prior to the decision.
(F)
Report to the City Council. The director shall report to the City
Council at its next available public hearing those projects for which
waivers are proposed, with sufficient description to give notice of
the proposed development to the City Council. A list of waivers issued
by the director shall be available for public inspection at the public
counter of the Community Development Department and at the City Council
meeting during which any waivers are reported. A waiver shall not
take effect until after the director makes his/her report to the City
Council. If a majority of the members of the City Council so request,
such issuance shall not be effective and, instead, the application
for a coastal development permit shall be processed in accordance
with the coastal development permit provisions of this chapter.
(G)
Notice of Final Action. Within seven (7) calendar days of the issuance
of a de minimis waiver, the City shall notify the Coastal Commission
and any person requesting such notification in writing of the final
local action.
(Ord. 1649 § 3, 2020)
Development included in any categorical exclusion area adopted
pursuant to the California Coastal Act is exempt from the regulations
contained in this chapter except for the notice requirements contained
within California Code of Regulations Section 13248.
(Ord. 1253 § 1, 1992)
(A)
Development Lacking a Coastal Development Permit Before Certification
of Local Coastal Program. All development undertaken after November
8, 1972, within the coastal zone as defined in the Coastal Initiative
of 1972, or after January 1, 1977, within the coastal zone as defined
by the Coastal Act of 1976, shall have a valid coastal development
permit issued by the California Coastal Commission or by the city
pursuant to this local coastal program.
(B)
Development Approved by Coastal Commission. Development authorized
by a coastal commission-issued permit remains under the jurisdiction
of the commission for the purposes of condition compliance, amendment
and revocation.
(C)
Proposals Pending at Time of LCP Certification:
(1)
Any development proposal which the city approved before certification
of the local coastal program but which has not been submitted to the
commission for approval shall be resubmitted to the city through an
application for a permit pursuant to the LCP. A decision on the application
shall be based solely on the requirements of the LCP;
(2)
Any development proposal which the city has approved before certification
of the local coastal program and for which an application has been
filed with the coastal commission may, at the option of the applicant,
remain with the commission for completion of the review. Coastal commission
review of any such application shall be based upon the certified LCP.
Alternatively, the applicant may resubmit the proposal to the city
through an application for a coastal permit pursuant to the LCP. A
decision on the application shall be based solely upon the LCP. Projects
for which a coastal permit is issued by the coastal commission will
remain under the jurisdiction of the commission as set forth in (B)
above.
(Ord. 1253 § 1, 1992)
Each coastal development permit application shall be processed
in accordance with the following requirements:
(A)
Determination of Applicable Category. At the time an application
for development is submitted, the Director of Community Development
or his/her designee shall determine, based on the provisions of this
Chapter, and all applicable maps, zoning regulations and specific
plan regulations, that the development project is one of the following:
(1)
Within an area where the Coastal Commission continues to exercise
original permit jurisdiction an applicant must obtain a coastal development
permit directly from the Coastal Commission;
(2)
Appealable to the coastal commission and requires a coastal development
permit;
(3)
Nonappealable to the coastal commission and requires a coastal development
permit;
(4)
Categorically excluded or exempt and does not require a coastal development
permit.
(B)
Where an applicant, interested person, or a local government
has a question as to the appropriate designation for the development,
the following procedures shall establish whether a development is
exempt, categorically excluded, non-appealable or appealable:
(1)
The determination of whether a proposed development is exempt
or categorically excluded, or whether a decision on the proposal would
be appealable to the Coastal Commission, shall be made by the local
government as soon as practicable after the application for development
or the request for exemption or categorical exclusion within the coastal
zone is submitted to the local government. This determination shall
be made according to the provisions of the Coastal Act, the certified
Local Coastal Program, and Coastal Commission Regulations Sections
13240-13253 and 13300 et seq., including based upon applicable maps,
coastal resources existing at the time of the application or request,
categorical exclusions, land use designations, and zoning ordinances.
(2)
The local government shall inform the applicant and the Coastal
Commission's South Coast district office in writing of its determination
as soon as practicable and at a minimum prior to providing the required
notice for any potential permit action and prior to allowing any activity
without a permit (for exemptions and exclusions), with reference to
any notice and hearing requirements.
(3)
The Coastal Commission's executive director may review
the local government determination independently, or at the request
of the applicant or an interested person(s). If the executive director
reviews the local government determination, he or she shall inform
the local government of said review, and the local government shall
supply, at a minimum, a copy of the application or request and a copy
of its determination to the executive director. Within 30 working
days, unless extended by the executive director for good cause, the
executive director shall notify the local government, the applicant,
and the interested person(s) who requested review, if any, in writing
of his or her determination regarding whether the proposed development
or request qualifies for exemption or categorical exclusion, or whether
local government decisions on a permit for the proposed development
would be appealable to the Coastal Commission.
(4)
If the executive director's determination regarding the
appropriate permitting process for the proposed development or request
is the same as the local government's, then that determination
shall apply to that proposed development or request, and there is
no further challenge available. If the executive director's determination
conflicts with the local government's determination, and the
respective staffs are not able to resolve the conflict and reach agreement
on the appropriate permitting process for the proposed development
or request in a reasonable time, the executive director shall schedule
a hearing as soon as practicable for the Commission to resolve the
dispute. Only the local government, the applicant, and the interested
person(s), if any, who made the request for review may testify at
the hearing. Any person may submit written comments. The Commission
shall make findings to support its decision, which shall be provided
to the local government.
(C)
Application Requirements. Each coastal development permit application
shall be submitted in the form and number prescribed by the Community
Development Department and shall be accompanied by:
(1)
Payment of a fee set by resolution of the city council;
(2)
A location map showing the area to be developed in relation to nearby
lots, streets, highways, and major natural features such as the ocean,
beaches, wetlands, and other major landforms;
(3)
A site plan, drawn to scale, showing:
(a)
Existing and proposed property lines of the site to be developed,
including all easements over or adjacent to the lot,
(b)
Existing and proposed topography,
(c)
All existing and proposed structures, roads, utility lines, signs,
fences, access ways and other improvements,
(d)
Major natural and manmade landscape features, including location,
type and size of any trees or other vegetation to be removed or planted;
(4)
Any additional information determined, within thirty days of the
coastal development permit application submittal, to be necessary
for evaluation of the proposed development.
(D)
Approval Authority. An application for a coastal development permit
shall be reviewed in conjunction with whatever other permits are required
for the project in the underlying zone; all such permits shall be
processed concurrently and the approving body for the coastal development
permit shall be the same as that for the permit required by the underlying
zoning district or other city regulation. Coastal development permit
review shall be provided in accordance with the requirements of this
chapter.
(1)
In the case where a project requires only a coastal development permit, such permit may be approved or denied by the Director of Community Development. The Department of Community Development shall set a public hearing date before the Director of Community Development and noticing shall be provided in accordance with the requirements of Section 25.07.014. Findings shall be made in accordance with the requirements of this Chapter and written notice of the decision shall be provided as required in Section 25.07.014(D). All such development projects shall also be subject to the coastal development permit requirements defined in this chapter.
(E)
Public Hearing Requirements. At least one public hearing shall be
held on each application for an appealable development. Non-appealable,
exempt and categorically excluded projects will be subject to public
hearings required by local ordinance as specified in the Laguna Beach
Municipal Code.
(1)
If a decision on a development permit is continued by the local government to a time which is neither (a) previously stated in the notice provided pursuant to Section 25.07.014 nor (b) announced at the hearing as being continued to a time certain, the local government shall provide notice of the further hearings (or action on the proposed development) in the same manner and within the same time limits as established in Section 25.07.014.
(F)
Review Criteria. To ensure compliance with the Certified Local Coastal
Program, the following criteria shall be incorporated into the review
of all applications for coastal development permits:
(1)
The proposed development will not encroach upon any existing physical
accessway legally utilized by the public or any proposed public accessway
identified in the adopted local coastal program land use plan.
(2)
The proposed development will not adversely affect marine resources,
environmentally sensitive areas, or archaeological or paleontological
resources.
(3)
The proposed development will not adversely affect recreational or
visitor-serving facilities or coastal scenic resources.
(4)
The proposed development will be sited and designed to prevent adverse
impacts to environmentally sensitive habitats and scenic resources
located in adjacent parks and recreation areas, and will provide adequate
buffer areas to protect such resources.
(5)
The proposed development will minimize the alterations of natural
landforms and will not result in undue risks from geological and erosional
forces and/or flood and fire hazards.
(6)
The proposed development will be visually compatible with the character
of surrounding areas, and where feasible, will restore and enhance
visual quality in visually degraded areas.
(7)
The proposed development will not have any adverse impacts on any
known archaeological or paleontological resource.
(8)
The proposed development will be provided with adequate utilities,
access roads, drainage and other necessary facilities; and
(9)
Other public services, including, but not limited to, solid waste
and public roadway capacity have been considered and are adequate
to serve the proposed development.
(G)
Findings. A coastal development permit application may be approved
or conditionally approved only after the approving authority has reviewed
the development project and made all of the following findings:
(1)
The project is in conformity with all the applicable provisions of
the certified local coastal program;
(2)
Any development located between the sea and the first public road
paralleling the sea is in conformity with the certified local coastal
program and with the public access and public recreation policies
of Chapter 3 of the Coastal Act;
(3)
The proposed development will not have any significant adverse impacts
on the environment within the meaning of the California Environmental
Quality Act.
(H)
Conditions. In approving an application for a coastal development permit, the approving body may impose conditions necessary to enable the required findings to be made. When conditions pertaining to public access and/or open space or conservation easements are imposed, notification of such action shall be submitted to the Executive Director of the Coastal Commission in accordance with Section 25.07.018.
(I)
Effective Date of Coastal Development Permits.
(1)
Appealable Projects. The coastal development permit is not effective
until adequate notice of final local action has been received in the
appropriate district office of the Coastal Commission and the ten
(10) working day commission appeal period has expired and no valid
appeal has been filed. For projects appealed to the Coastal Commission,
the coastal development permit is not effective until the Coastal
Commission has approved the permit or determined that the appeal does
not raise a substantial issue.
(2)
Nonappealable Projects. The coastal development permit is not effective
until adequate notice of final local action has been received in the
appropriate district office of the Coastal Commission.
(3)
Coastal development permit approval shall lapse and become void two
(2) years following the effective date if the privileges authorized
by the permit are not executed or utilized, or, if construction work
is involved, such work is not commenced within such two-year period
and diligently prosecuted to completion.
(4)
For City-issued coastal development permits that are not appealed
to the Coastal Commission, the approving authority may grant a two-year
extension of time and, after that initial extension of time, a final
one-year extension of time. Such time extension shall be requested
in writing by the applicant or authorized agent prior to expiration
of the beginning two-year approval period or any subsequently approved
extensions of time.
(a)
Extension of Time Findings. An extension of time of the beginning
two-year approval period may be granted by the approving authority,
if each of the following findings can be made:
(i)
The zoning codes or standards applicable to the circumstances
of the originally approved coastal development permit have not materially
changed; and
(ii)
The neighborhood character has not changed so as to be materially
inconsistent with the findings made when the coastal development permit
was originally approved.
(Ord. 1253 § 1, 1992; Ord. 1649 § 4, 2020; Ord. 1665, 11/16/2021; Ord. 1688, 7/11/2023)
Waiver of Public Hearing for Minor Development. In accordance
with Public Resources Code Section 30624.9, the following is the process
by which the public hearing requirement may be waived for certain
minor developments that require coastal development permits.
(A)
Minor Development Defined. For purposes of this section, "minor development"
means a development that the Director of Community Development determines
satisfies all of the following requirements:
(B)
Procedure.
(1)
The Director may waive the requirement for a public hearing on a
coastal development permit application for a minor development, if
all of the following occur:
(a)
Notice is mailed or delivered to all persons and agencies required to be notified under Section 25.07.014. The notice shall contain all of the information required in Section 25.07.014. In addition, the notice of waiver of public hearing for the pending application shall contain all the following:
1.
A statement that a public hearing will be held upon the written request
of any person provided that such request is received by the Department
within fifteen (15) working days from the date of sending the notice;
and
2.
The date of the notice; and
3.
A statement regarding if the project is appealable or not to the
Coastal Commission; and
4.
The final date to submit a request for a hearing; and
5.
The date the coastal development permit will be granted if there
is no hearing; and
6.
A project description and a statement of why the project qualifies
for a waived public hearing; and
7.
A statement that failure by a person to request a public hearing
may result in the loss of that person's ability to appeal to the Coastal
Commission any action taken by the City on a coastal development permit
application.
(b)
Publication of Notice. The City shall publish a notice to issue administrative coastal development not requiring a public hearing one time at least ten days before the end of the public comment period. Such notices shall contain all the information required in subsections (a)(1) through (a)(6) of this section above and Section 25.07.014. Such notices shall be published online on the City's website or in a newspaper with general circulation in the City. If a public hearing is continued to a date and time that is not specified at the public hearing, notice of the continued public hearing shall be published and distributed in the same manner and the same time limits as for the initial notice.
(c)
If no request for public hearing is received by the Community Development
Department within fifteen (15) working days from the date of sending
the notice pursuant to subsection (C)(1) of this section, the permit
is deemed approved.
(2)
Upon receipt of a request for a hearing, the Community Development
Department shall schedule the matter for a public hearing and issue
notice of such hearing consistent with the provisions of this chapter.
(3)
Notice of Final Action. For projects that are appealable to the Coastal
Commission, a notice of the action (including findings for approval
and conditions, if any, and the procedures for applicable appeal of
the administrative coastal development permit action) shall be mailed
first class to the applicant, the owner or duly authorized agent,
all persons who have requested such notification in writing, and the
Coastal Commission on or before the seventh (7th) calendar day following
the end of the local appeal. This notice shall also be deemed the
notice of final action if an appeal is not filed in accordance with
this chapter.
(Ord. 1694 § 5, 2020)
The following shall constitute the minimum noticing requirement
for coastal development permits issued by the city.
(A)
Notice of Exempt Development. A permit issued by the city for a development which is exempt from the coastal development permit requirements as defined in Section 25.07.008, shall be exempt from the notice and hearing requirements of this chapter. The city shall maintain a record for all permits issued for exempt developments which shall be made available to the coastal commission or any interested person upon request. The record shall include the applicant's name, the location of the project, and a brief description of the project.
(B)
Noticing for Appealable Developments. Within ten calendar days of
accepting an application for an appealable coastal development permit
or at least ten calendar days prior to the first public hearing on
a development proposal, the city shall provide notice by first class
mail of pending application for appealable development. This notice
shall be provided to each applicant, to all persons who have requested
such notice, to all property owners within one hundred feet of the
proposed project, to all residents within one hundred feet of the
proposed project and to the coastal commission. The notice shall contain
the following information:
(1)
A statement that the development is within the coastal zone;
(2)
The date of filing of the application and the name of the applicant;
(3)
The number assigned to the application;
(4)
A description of the proposed development and its proposed location;
(5)
The date, time and place at which the application will be heard;
(6)
The general procedure concerning hearings and action on applications;
(7)
The system for local and coastal commission appeals, including fees
required.
(C)
Noticing for Nonappealable Developments. For nonappealable developments, notice of such development shall be given at least ten calendar days before a hearing by first class mail to any person who has filed a written request thereto, to all property owners within three hundred feet of the proposed project, to all residents within one hundred feet of the proposed project and to the coastal commission. The notice shall contain the information required for appealable development in Section 25.07.014(B). If the matter is to be heard by the planning commission, notice shall be published in a newspaper of general circulation.
(D)
Notice of Action. On or before the seventh calendar day following
the date of action by the approving authority, notice of the action
(including findings for approval and conditions, if any, and the procedures
for applicable appeal of the coastal development permit action) shall
be mailed first class to the applicant, the owner or duly authorized
agent, all persons who have requested notification of action of a
particular coastal development permit application and the coastal
commission. This notice shall also be deemed the notice of final action
if an appeal is not filed in accordance with this chapter.
(1)
Local Government Action—Effective Date. A local government's
final decision on an application for an appealable development shall
become effective ten working days after receipt of the notice of the
final local government action unless either of the following occur:
(b)
The notice of final local government action does not meet the requirements of subsection 25.07.014(D)(2).
When either of the circumstances in subsection 25.07.014(D)(1) occur, the coastal commission shall, within five calendar days of receiving notice of that circumstance, notify the local government and the applicant that the effective date of the local government action has been suspended.
(2)
Failure to Act—Notice.
(a)
Notification By Applicant. If a local government has failed to act
on an application with the time limits set forth in Government Code
Sections 65950 through 65957.1, the person claiming a right to proceed
with the development pursuant to those time limits shall provide the
notice required by Government Code Section 65956.
(b)
Notification By Local Government. When a local government determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired and that the notice required by law has occurred, the local government shall, within seven calendar days of such determination, notify any person entitled to receive such notice pursuant to this Section 25.07.014 that the application has been approved by operation of law pursuant to Government Code Sections 65950 through 65957.1 and the application may be appealed to the coastal commission pursuant to Section 25.07.016. (This section shall apply equally to a local government determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.)
(Ord. 1253 § 1, 1992)
Development pursuant to an approved coastal development permit
shall not commence until all applicable appeal periods expire or,
if appealed, until all appeals, including the coastal commission when
applicable, have been exhausted. The action regarding any coastal
development permit application may be appealed in compliance with
the provisions of the Laguna Beach Municipal Code and with the following
additional provisions:
(A)
Exhaustion of Local Appeals. For appealable development, an appellant
must pursue and exhaust local appeals under the city's appeal procedures
for purposes of filing an appeal under the coastal commission's regulations,
except that exhaustion of all local appeals shall not be required
if any of the following occur:
(1)
An appellant is denied the right of the initial local appeal by a
local ordinance which restricts the class of persons who may appeal
the local decision; or
(2)
An appellant is denied the right of local appeal because local notice
and hearing procedures for the development did not comply with the
provisions of the chapter; or
(3)
The city charges an appeal fee for the filing or processing of appeals;
or
(4)
Where a project is appealed by any two members of the coastal commission.
(B)
Appeals to Coastal Commission. All appealable development, as defined
in Section 25.07.006(A), may be appealed to the coastal commission
by a qualified appellant, as defined in Section 25.07.006(L), within
ten working days from the date of coastal commission receipt of the
notice of final action.
(1)
The grounds for appeal to the commission of a local approval shall
be limited to an allegation that the development does not conform
to the standards set forth in the certified local coastal program
or the access policies of Chapter 3 of the Coastal Act.
(2)
The grounds for appeal to the commission of a denial of a major public
works project or major energy facility shall be limited to an allegation
that the development conforms to the standards set forth in the certified
local coastal program or the access policies of Chapter 3 of the Coastal
Act.
(C)
Coastal Development Permits Approved by the Coastal Commission. The
director of community development may administratively, and as a ministerial
matter, authorize changes to design review, conditional use permits,
and other entitlements associated with a coastal development permit
approved by the Coastal Commission, on appeal, subject to the following:
(1)
The changes are consistent with the coastal development permit approved
by the Coastal Commission;
(2)
The changes do not result in an expansion or enlargement of the project,
or a material change in fundamental operational characteristics of
the use;
(3)
The changes do not have the potential for new or more severe unmitigated
adverse impacts on the surrounding neighborhood or community; and
(4)
The changes are consistent with the City's Local Coastal Program,
General Plan, the California Environmental Quality Act and the California
Coastal Act.
|
In lieu of administratively authorizing changes, the director
may refer any change approved by the Coastal Commission to the final
decision-making body of the city for review and action.
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(Ord. 1253 § 1, 1992; Ord. 1665 § 10, 2021)
Any legal documents used in complying with required conditions
pertaining to public access and open space or conservation easements
shall be processed in the following manner:
(A)
The offer of dedication, together with a copy of the coastal development
permit conditions and findings shall be forwarded to the coastal commission
executive director for review and approval.
(B)
The coastal development permit shall be issued only after mailing
such documents to the executive director of the coastal commission,
and the executive director has notified the community development
director that any such legal documents are inadequate.
(C)
If the executive director has recommended revisions to the format
of the legal documents, the coastal development permit shall not be
issued until deficiencies have been resolved to the satisfaction of
the executive director.
(Ord. 1253 § 1, 1992)
In the event of a verified emergency, temporary emergency authorization
to proceed with remedial measures may be given by the director of
community development or his/her designee until such time as a full
coastal development permit application shall be filed.
(A)
Application. Application shall be made to the director of community
development by letter if time allows, or in person or by telephone,
if time does not allow. The information, to be reported at the time
of the emergency or within three days after the emergency, shall include
the following:
(1)
Nature of the emergency;
(2)
Cause of the emergency, insofar as this can be established;
(3)
Location of the emergency;
(4)
The remedial, protective, or preventive work required to deal with
the emergency;
(5)
The circumstances during the emergency that appeared to justify the
cause(s) of action taken, including the probable consequences of failing
to take action.
(B)
Limitations. The director of community development shall not grant
an emergency coastal development permit for any development that falls
within an area in which the coastal commission retains direct permit
review authority, or for any development that is appealable to the
coastal commission. In such areas and for such developments, a request
for an emergency authorization must be made to the coastal commission.
(1)
In addition, a waiver for a coastal development emergency permit
may be obtained from the coastal commission executive director for
development that is required to protect life or public property in
accordance with Section 30611 of the Coastal Act.
(C)
Noticing. The director of community development shall provide notice
of the proposed emergency action. The extent and type of the notice
shall be determined on the basis of the nature of the emergency. If
the nature of the emergency does not allow sufficient time for public
notice to be given before the emergency work begins, the director
of community development shall provide public notice of the action
taken, or being taken, as soon as is practical. Public notice of the
nature of the emergency and the remedial actions to be taken shall
be posted on the site in a conspicuous place and mailed to all persons
the director of community development has reason to know would be
interested in such action and to the coastal commission.
(D)
Findings and Conditions. The director of community development may
grant an emergency coastal development permit upon reasonable terms
and conditions, which shall include an expiration date and the necessity
for a regular permit application later, if the director of community
development finds that:
(1)
An emergency exists that requires action more quickly than permitted
by the procedures for a coastal development permit and the work can
and will be completed within thirty days unless otherwise specified
by the terms of the permit;
(2)
Public comment on the proposed emergency action has been reviewed,
if time allows;
(3)
The work proposed would be consistent with the requirements of the
certified Local Coastal Program.
(E)
Expiration of Emergency Permit. An emergency permit shall be valid
for sixty days from the date of issuance by the director of community
development. Prior to expiration of the emergency permit, the permittee
must submit a regular coastal development permit application for the
development even if only to remove the development undertaken pursuant
to the emergency permit and restore the site to its previous condition.
(F)
Report to City Council and Coastal Commission. The director of community
development shall report in writing and orally, the granting of an
emergency permit to the city council at its next scheduled meeting,
and to the coastal commission. The report shall include a description
of the nature of the emergency, the development involved and the person
or entity undertaking the development. Copies of the report shall
be available at the meeting and shall be mailed to the coastal commission
and to all persons requesting such notification of local coastal development
decisions.
(Ord. 1253 § 1, 1992)
Upon submittal of an application to amend a valid coastal development
permit, such permit may be amended by the original approving authority.
An amendment application shall follow all applicable procedures and
requirements established in this chapter.
(Ord. 1253 § 1, 1992)
No application for the granting of a coastal development permit
which has been denied shall be filed earlier than one year after the
date such denial becomes effective, unless the request for reapplication
reflects a major change in circumstances and specific permission to
do so has been granted by the approving authority.
(Ord. 1253 § 1, 1992)
Establishment, maintenance and operation of the structure(s)
or use(s) proposed by the coastal development permit application shall
be consistent with the information and specifications of the approved
plan of development. Failure of any person to abide by and comply
with any and all conditions that may be attached to the approval of
a coastal development permit issued pursuant to the provisions of
this chapter shall constitute grounds for the revocation of said coastal
development permit by the city council.
(Ord. 1253 § 1, 1992)
(A)
Any person who has obtained a coastal development permit pursuant
to the provisions of this chapter may assign such permit to another
person subject to the following requirements:
(1)
Submission of an application fee as set by resolution of the city
council; and
(2)
An affidavit executed by the assignee attesting to the assignee's
agreement to comply with the terms and conditions of the permit; and
(3)
Evidence of the assignee's legal interest in the real property involved
and legal capacity to undertake the development as approved and to
satisfy the conditions required in the permit; and
(4)
The original permittee's request to assign all right to undertake
the development to the assignee; and
(5)
A copy of the original permit showing that it has not expired.
(B)
The applicant for assignment shall submit the above documents together
with a completed application form to the director of community development.
The assignment shall be effective upon written approval of the documentation
submitted, and the reassigned permit shall be granted subject to the
terms and conditions of the original permit.
(Ord. 1253 § 1, 1992)
The city council may amend all or part of the local coastal
program, but the amendment will not take effect until it has been
certified by the coastal commission. Any general plan element or specific
plan or ordinance of the city that is applicable to the same areas
or matters affected by a local coastal program amendment must be reviewed
and amended as necessary to provide consistency with the remainder
of the local coastal program.
(A)
An amendment to the local coastal program may be initiated by one
of the following:
(1)
A resolution of intention initiated by the planning commission;
(2)
A resolution of intention initiated by the city council directing
the planning commission to initiate an amendment;
(3)
An application from a property owner or his/her authorized agent
provided that such application involves the development or modification
of property located within the area affected by such amendment.
(B)
Planning Commission Action On Amendments.
(1)
Upon receipt in proper form of a completed amendment application
or duly adopted resolution of intention, and following any necessary
investigation, a public hearing before the planning commission must
be held and notice of such hearing given consistent with Section 13515
of the California Code of Regulations.
(2)
The planning commission must make a written recommendation on the
proposed amendment whether to approve, approve in modified form, or
disapprove.
(3)
Planning commission action recommending that the proposed local coastal
program amendment be approved, approved in modified form or denied,
must be considered for adoption by the city council.
(C)
City Council Action on Amendments. The recommendation of the planning
commission must be acted upon by the city council. A public hearing
on the amendment shall be conducted after first giving notice of the
hearing pursuant to Section 13515 of the California Code of Regulations.
The city council may approve, approve with modifications, or disapprove
any amendment.
(D)
Fees. The city council, by resolution, shall establish and from time
to time amend a schedule of fees imposed for any amendment to the
local coastal program.
(E)
Coastal Commission Certification of Amendments. Any proposed amendment
to the local coastal program shall not take effect until it has been
certified by the coastal commission. Any amendment approved by the
city shall be submitted to the coastal commission in accordance with
Sections 30512 and 30513 of the Public Resources Code. An amendment
to this local coastal program as certified by the California Coastal
Commission shall not become effective after city council adoption
until the amendment is submitted pursuant to the requirements of Section
13551 et seq. of the California Code of Regulations and also certified
by the California Coastal Commission pursuant to Chapter 6, Article
2 of the California Coastal Act, as follows:
(1)
A denial by the city council on an amendment request shall be final and no appeal to the coastal commission shall be allowed except as provided by subsection (E)(2) of this section;
(2)
Pursuant to Section 30515 of the Coastal Act, any person or agency
authorized to undertake a public works project or major energy facility
development, who was denied a request to amend the local coastal program,
may file the request for amendment with the coastal commission.
(Ord. 1253 § 1, 1992)
