City of Dana Point, CA Chapter 9.69 COASTAL DEVELOPMENT PERMIT

§ 9.69.010 Intent and Purpose.

The intent and purpose of this Chapter is to establish procedures 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 Division 20 of the Public Resources Code and Division 5.5 of Title 14 of the California Code of Regulations (commencing with Section 13001).

The procedures established by this Chapter shall govern the issuance of coastal development permits by the City of Dana Point pursuant to Section 30600 of the Coastal Act.

The procedures described in this Chapter shall take precedence over other Chapters of the Zoning Code in the coastal zone, except in those areas regulated by the Dana Point Specific Plan/Local Coastal Program. The existing certified Dana Point Specific Plan/Local Coastal Program remains in effect in those areas covered by the Dana Point Specific Plan/Local Coastal Program for local coastal program purposes. The procedures in this Chapter shall be applied in a manner which is most protective of coastal resources and public access.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97; Ord. 99-05, 4/27/99)

§ 9.69.020 Coastal Development Permit Required.

A Coastal Development Permit shall be required for all development, as defined in Section 9.75.040, located within the Coastal Overlay District, except for development specifically exempted pursuant to Section 9.69.040. Coastal Development Permits may be required for development which does not require any other approvals, discretionary or otherwise, from the City. A Coastal Development Permit shall also be required for any proposed development in the area of "Coastal Commission Permit Jurisdiction" as delineated on the Dana Point Local Coastal Program Post Certification Permit and Appeal Jurisdiction Map, filed with the City, or as subsequently amended, in which case the coastal development permit shall be obtained directly from the California Coastal Commission.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)

§ 9.69.030 Authority to Grant Permit.

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 provisions of the certified Local Coastal Program. (Coastal Act/30600(a)).

(a) The Director of Community Development shall have the authority to approve, conditionally approve, or deny coastal development permits without a public hearing for the following types of administrative coastal development permit applications for development not located in uncertified areas or in the "Coastal Commission Permit Jurisdiction" area (Pursuant to Section 30519 of the Coastal Act and Section 9.69.030(c) of this Zoning Code) or in the appeals area (Pursuant to Section 30603(a) of the Coastal Act and as defined in Section 9.75.010 of this Zoning Code):

(1) Applications or a modification to an application for individual single family residences which are not located within the appeals area of the Coastal Overlay District.

(2) Applications or a modification to an application for improvements to existing structures which are not located within the appeals areas of the Coastal Overlay District.

(3) Applications for any development, not located within the appeals area of the Coastal Overlay District, which is not a division of land and is specifically authorized as a principal permitted use in the certified local coastal program and does not require a conditional use permit, site development permit, variance, or any other discretionary permit.

(4) Applications for any other development not in excess of $100,000.

All decisions of the Director of Community Development are subject to appeal, as described in Section 9.69.090, to the Planning Commission within 10 days of the decision. The Director of Community Development may refer any application for a Coastal Development Permit to the Planning Commission for consideration.

(5) Notwithstanding the specific uses listed in Sections 9.69.030(a)(1) through 9.69.030(a)(4) above, administrative coastal development permits shall not be processed for any of the following types of development, which shall instead be processed through the regular coastal development permit process as specified in this Chapter:

(A) Any division of land, including but not limited to subdivision pursuant to the Subdivision Map Act, lots splits and lot-line adjustments.

(B) Any development involving a structure or similar integrated physical construction which lies partly inside and partly outside the Coastal Commission's appeal area.

(C) Any development involving a structure or similar integrated physical construction which lies partly inside and partly outside the Coastal Commission's area of retained permit jurisdiction.

The Director of Community Development shall process applications for administrative coastal development permits in accordance with the procedures set forth in Section 9.69.110 of this Zoning Code. If the Director of Community Development receives an application for an administrative coastal development permit, and if the Director of Community Development finds that the application does not qualify as such within the criteria established in Sections 9.69.030(a)(1) through 9.69.030(a)(4) above, she or he shall notify the applicant that the permit application cannot be processed administratively and must comply with the procedures for regular coastal development permits provided in this Chapter. The Director of Community Development, with the concurrence of the applicant, may accept the application for filing as a regular coastal development permit and shall adjust the application fees accordingly.

(b) The Planning Commission shall have the authority to approve, conditionally approve, or deny Coastal Development Permits for the following types of coastal development permit applications not located in uncertified areas or in the "Coastal Commission Permit Jurisdiction" area.

(1) Applications or a modification to an application for an individual single family residence located within the appeals area of the Coastal Overlay District.

(2) Applications or a modification to an application for more than one single family residence or multiple family residences located within the Coastal Overlay District.

(3) Applications or a modification to an application for non-residential structures located within the Coastal Overlay District which do not fall into one of the classes of development specified in Sections 9.69.030(a)(1) through 9.69.030(a)(4) above.

All decisions of the Planning Commission are subject to appeal, as described in Section 9.69.090, to the City Council within 10 days of the decision. The Planning Commission may refer any application for a Coastal Development Permit to the City Council for a final decision.

(c) The Coastal Commission retains the authority to approve, conditionally approve, or deny Coastal Development Permits for development proposed in uncertified areas of the City of Dana Point, and in the "Coastal Commission Permit Jurisdiction" area delineated on the Dana Point Local Coastal Program Post Certification Permit and Appeal Jurisdiction Map prepared by the Coastal Commission and a copy of which is filed with the City, or as subsequently amended. The areas of Coastal Commission Permit Jurisdiction includes all tidelands, submerged lands, and public trust lands, whether filled or unfilled within the coastal zone. (Coastal Act/30519(b)).

However, coastal development permit authority has been delegated to the City for certain public trust lands that have been determined by the Coastal Commission to be filled and developed and which are located within an area which is committed to urban uses. Coastal development permits issued by the City in these areas are appealable to the Coastal Commission. (Coastal Act/30613(a)).

(1) Where a proposed development lies partially within the area of "Coastal Commission Permit Jurisdiction" and partially within the Coastal Overlay District, and the development is physically integrated, the Coastal Commission shall be the responsible agency for the issuance of any Coastal Development Permit for the entire development. That portion of the development that lies within the Coastal Overlay District shall be deemed to be within an area of deferred certification and the Commission shall approve a coastal development permit if the entire development is consistent with the policies of Chapter 3 of the Coastal Act. In addition, the Coastal Commission has the authority to approve, conditionally approve, or deny coastal development permits for developments approved by the City but which have been appealed to the Coastal Commission consistent with the requirements of this Zoning Code. Where an appealed development is a physically integrated development that lies both within and without the appeals area shown on the Post Certification Permit and Appeal Jurisdiction Map, the Coastal Commission shall have the authority to act on the entire development on appeal. (Coastal Act/30519, 30603).

(2) The following shall apply to all proposed development in the uncertified Laguna Niguel/Monarch Beach segment of the City of Dana Point for which approval of a coastal development permit application is pending at the time of certification of this Local Coastal Program:

(A) Applications Pending before the California Coastal Commission

1. Any coastal development permit application for development in an uncertified area that was submitted to the Coastal Commission prior to effective certification of a Local Coastal Program and is not filed complete as of the date of effective certification shall be withdrawn and resubmitted to the City. The standard of review for such application shall be the requirements of the certified Local Coastal Program and, for development between the sea and the first public road paralleling the sea, the Chapter 3 public access and recreation policies of the Coastal Act. Any application fee paid to the Coastal Commission shall be refunded to the applicant.

2. Any coastal development permit application for proposed development within the currently uncertified areas of the City which the City preliminarily approved before effective certification of the Local Coastal Program and for which an application has been filed complete with the Coastal Commission may, at the option of the applicant, remain with the Coastal Commission for completion of review and action. Coastal Commission review of any such application shall be based solely upon the requirements of this certified Local Coastal Program and, for development between the sea and the first public road paralleling the sea, the Chapter 3 public access and recreation policies of the Coastal Act. Alternatively, the applicant may resubmit the proposal to the City through an application for a coastal development permit pursuant to the requirements of this certified Local Coastal Program. The standard of review for such application shall be the requirements of this certified Local Coastal Program and, for development between the sea and the first public road paralleling the sea, the Chapter 3 public access and recreation policies of the Coastal Act. Under this option, any application fee paid to the Coastal Commission shall be refunded to the applicant. (Coastal Act/30501, (14 Cal. Code of Regulations/13546).

(B) Applications Pending before the City of Dana Point. The standard of review for any coastal development permit application pending before the City of Dana Point for proposed development located within the certified areas of the City shall be the requirements of the certified Local Coastal Program. The requirements contained in an amendment to the certified Local Coastal Program shall not be effective in the certified area until the amendment has been effectively certified by the Coastal Commission.

(3) Prior Coastal Commission Approval.

(A) In the case of a coastal development permit which was approved by the Coastal Commission, whether or not it has been vested prior to the date of effective certification of the Local Coastal Program, a separate coastal development permit from the City for the same development shall not be required except that:

1. No material change may be made in any such development previously approved by the Coastal Commission without Coastal Commission approval of an amendment to the Coastal Commission's coastal development permit; and,

2. If the coastal development permit approved by the Coastal Commission expires, a new coastal development permit for the same development shall be obtained from the City.

(B) Development authorized by a coastal development permit issued by the Coastal Commission either prior to effective certification of a Local Coastal Program or on appeal after certification remains under the jurisdiction of the Coastal Commission for the purposes of condition compliance, amendment, extension, reconsideration and revocation.

(C) Ritz Cove. The Coastal Commission approved Coastal Development Permit 5-85-94 for the subdivision of 101 residential lots, and the construction of a home on each of those lots, provided the homes are constructed in accordance with the adopted codes, covenants, and restrictions. Therefore, separate coastal development permits are not required for the construction of each of the individual 101 homes, since the construction of the homes is already approved under Coastal Development Permit 5-85-94.

(D) Coastal Development Permit P-79-5539. Development authorized by Coastal Development Permit P-79-5539, including both development approved on condition that an additional coastal development permit be obtained, and development approved on condition of the submission of additional plans for the review and approval of the Executive Director of the Coastal Commission, remains under the jurisdiction of the Coastal Commission for purposes of condition compliance and amendment. Condition compliance includes both obtaining a coastal development permit from the Coastal Commission for development that was approved on condition that a separate coastal development permit be approved, and obtaining approval from the Executive Director of the Coastal Commission for plans for development that was approved on condition of the submission of final plans. Coastal development permits, or approval of plans by the Executive Director of the Coastal Commission, for development authorized by Coastal Development Permit P-79-5539 shall be obtained from the California Coastal Commission.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 95-11, 6/13/95; Ord. 97-05, 9/9/97; Ord. 99-05, 4/27/99)

§ 9.69.040 Exemptions.

The types of development listed below are exempt from the requirement to obtain a Coastal Development Permit. A current record of all projects which are exempt from Coastal Development Permits shall be available for review by the public and shall be sent to the Coastal Commission and shall include the following information: name of applicant, location of the project, and brief description of the project.

(a) Development projects included in any categorical exclusion list adopted pursuant to Sections 30610(e) and 30610.5 of the Public Resources Code and Subchapter 5 of Title 14 of the California Code of Regulations (Sections 13240 et. seq.) after certification of the Local Coastal Program.

(b) Improvements to an existing structure which do not changed the use of the structure are exempt, except the types of improvements listed below, which are not exempt:

For purposes of this subsection, structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, and storage sheds, but not including guest houses or self-contained residential units, shall be considered part of an existing single-family residence. Further, for purposes of this subsection, landscaping on the lot, and all structures directly attached to the structure being subjected to improvements, shall be considered part of the subject structure, whether the existing structure is residential or not.

(1) Improvements to any structure located on a beach, wetland, or seaward of the mean high tide line or where the structure or proposed improvement would encroach within 50 feet of the edge of a coastal bluff as described in Chapters 9.27 and 9.75.

(2) Improvements to any structure located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of a beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance, or within significant scenic resources areas as designated by the certified Local Coastal Program or the Coastal Commission when such improvements would constitute or result in any of the following:

(A) An increase of 10% or more of the internal floor area of the structure;

(B) An increase in the floor area in any amount when improvements to the structure have previously been exempted in compliance with this subsection;

(C) The construction of an additional story or a loft or any increase in height of more than 10% of the existing height of the structure (for single-family residential improvements, increases in the height of significant non-attached structures such as garages, fences, shoreline protective devices or docks are subject to this provision also);

(D) The construction, placement, or establishment of any detached structure; or

(E) The demolition of more than 50 percent of the exterior walls of an existing structure.

(3) Any significant alteration of land forms including removal or placement of vegetation in the following areas; on a beach, wetland, or sand dune; in an area of natural vegetation designated by the City of Dana Point by resolution as significant natural habitat; within 100 feet or, for a single family dwelling, within 50 feet of the edge of a coastal bluff, as described in Chapter 9.27; or, for structures other than single-family residences, within 100 feet of streams.

(4) Expansion or construction of a water well or septic system.

(5) Improvements in an area which the Coastal Commission has determined to have critically short water supply that must be maintained for the protection of coastal resources or public recreational use, when such improvement would be a major water using development (not essential to residential use if for a single-family or multiple-family residence) including, but not limited to, swimming pools or the construction or extension of landscape irrigation systems.

(6) Any improvement when the Coastal Development Permit issued for the original structure indicated that future additions/improvements would require a Coastal Development Permit.

(7) Improvements to any structure or change in occupancy which would result in a change in the intensity of the uses on the building site.

(8) Improvements pursuant to a conversion of existing structures (other than single-family residences and their associated structures) from a multiple unit rental use or visitor serving commercial use to a condominium, stock cooperative, or time share project.

(9) Improvements made to a public works facility. (Coastal Act/30333, 30610(a) and 30610(b); 14 Cal. Code of Regulations/13250 and 13253).

The improvements listed above which are not exempt require a the coastal development permit in accordance with the requirements of this Chapter.

(c) 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, or to a disposal facility, area or site within the Coastal Zone for which an approved coastal development permit has been issued or for which a federal consistency determination has been approved by the Coastal Commission. However, Section 9.69.040(d)(2) of this Zoning Code below specifies certain types of dredging which are not exempt. (Coastal Act/30333; 30610(c)).

(d) 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, except the following types of development which are not exempt:

(1) Repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall or similar shoreline work which involves one or more of the following;

(2) The placement, whether temporary or permanent, of rip rap, or artificial berms of sand, or any other form of solid material, on a beach or in coastal waters, streams, wetlands, estuaries, or on shoreline protective works.

(3) The replacement of 20% 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 construction materials on any sand area or bluff or within 20 feet of coastal waters or streams.

(5) Any method of routine maintenance dredging that involves:

(A) The dredging of 100,000 cubic yards or more within a 12 month period;

(B) The placement of dredged spoils of any quantity on any sand area, within 50 feet of the edge of a coastal bluff as described in Chapter 9.27, within an environmentally sensitive habitat area, or within 20 feet of coastal waters or streams;

(C) The removal, sale, or disposal of dredged 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. (Coastal Act/30610(d); 14 Cal. Code of Regulations/13252(a)(2))

(6) Any repair or maintenance to facilities or structures or work located in any sand area, within 50 feet of the edge of a coastal bluff as described in Chapter 9.27, within 50 feet of or in an environmentally sensitive habitat area; or within 20 feet of any coastal waters or streams that include:

(A) The placement or removal, whether temporary or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials;

(B) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sandy area.

(7) Unless destroyed by natural disaster, 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 according to this subsection but instead constitutes a replacement structure requiring a coastal development permit. (Coastal Act/30610(d); 14 Cal. Code of Regulations/13252).

(e) 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. (Coastal Act/30610(f)).

(f) The replacement of any structure, other than a public works facility, destroyed by natural disaster, provided such replacement structure conforms to applicable current zoning regulations; is designed and intended for the same use as the destroyed structure; does not exceed the floor area, height or bulk of the destroyed structure by more than 10%; and is sited in the same location on the same building site as the destroyed structure. As used in this subsection:

"Disaster"

means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.

"Bulk"

means total interior cubic volume as measured from the exterior surface of the structure.

"Structure"

includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster. (Coastal Act/30610(g)).

(g) Notwithstanding the above provisions, the Director of Community Development shall have the discretion to exempt the ongoing routine repair and maintenance activities of local governments, state agencies, and public utilities (such as railroads) involving shoreline works protecting transportation roadways, as well as the activities described in the "Repair, Maintenance, and Utility Hook-Up Exclusion from Permit Requirements" adopted by the Coastal Commission on September 5, 1978. (Coastal Act/30610(d); 14 Cal. Code of Regulations/13252(c)).

(h) Interior modifications to an existing structure that do not result in the enlargement or expansion of the cubic area of the structure, except that a change in the intensity or density of use of the structure, or the reconstruction of 50% or more of the exterior walls of the existing structure, is not exempt. Such modifications shall comply with the applicable sections of Chapter 8.06 of the Zoning Code and of this Chapter 9.69.

(i) Notwithstanding the provisions of Chapter 9.39 "Temporary Uses," temporary events consistent with guidelines adopted by the Coastal Commission may be exempt from coastal development permit requirements.

(j) A coastal development permit is not required for any of the following projects, except that notification by the agency or public utility performing any of the following projects shall be made to the City within 14 days from the date of the commencement of the project:

(1) Immediate emergency work necessary to protect life or property or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(2) Emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. This paragraph does not exempt any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide from the requirement to obtain a coastal development permit from the City.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 96-10, 8/13/96; Ord. 97-05, 9/9/97; Ord. 99-05, 4/27/99)

§ 9.69.050 Application for Coastal Development Permit.

For all development proposed to be located within the Coastal Zone or Coastal Overlay District, an application for a Coastal Development Permit shall be made to the Director of Community Development in accordance with the following procedures, except in those areas designated as "Coastal Commission Permit Jurisdiction" in which case an application shall be made to the California Coastal Commission or its successor agency.

(a) The application shall be made by the property owner of record, the owner's authorized agent, or any person with a legal right, interest or other entitlement to use the property for the proposed development or said person's authorized agent. A signed affidavit from the property owner of record may serve as proof of the legal right to use property for a proposed development. Prior to the issuance of a building permit, the applicant shall demonstrate the legal ability to comply with all conditions of approval of the coastal development permit. (Coastal Act/30601.5).

(b) Application for a Coastal Development Permit shall be made on forms provided by the Community Development Department, and shall include, at a minimum, the following information:

(1) A location map showing the area to be developed in relation to nearby lots, streets, highways, any major natural features such as the ocean, beaches, wetlands, streams, and other major landforms.

(2) A site plan, drawn to scale, which is in sufficient detail to illustrate the compliance of the project with the certified Local Coastal Plan. The site plan shall, at a minimum, provide the following information:

(A) Site topography, including existing and proposed elevations.

(B) The location of existing and proposed buildings and structures.

(C) The lot lines and dimensions of the building site.

(D) The location of existing and proposed circulation facilities, including streets, alleys and pedestrian accessways.

(E) The height, material and location of existing and proposed walls.

(F) Existing and proposed off-street parking.

(G) Tabulations of lot area, proposed gross floor area and proposed lot coverage.

(3) Where the application includes proposed construction, the application shall also include the submittal of the following additional information:

(A) Building elevations with dimensions to indicate the proposed finished floor levels and building height.

(B) Proposed building setbacks.

(C) A landscape plan.

(D) Site Development Permit application and certifications for properties located in a Floodplain Zone.

(4) Where the application includes proposed demolition, the application shall also include the submittal of the following:

(A) A description of the existing structure(s), including but not limited to building height, enclosed and non-enclosed floor area, number of stories, and number of parking spaces.

(B) Building plans of the existing structure(s), if available.

(5) A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application.

(6) A declaration signed by the applicant certifying that the applicant has posted a notice of the coastal development permit application in accordance with Section 9.69.090(a), and that the applicant will make a good faith effort to maintain, and replace if necessary, the posting until the application has been acted on by the City.

(7) The following additional, current information (which may be in both written and graphic form), specific to the subject site, shall be required if applicable. In addition, plans to mitigate adverse impacts, plans to monitor the mitigation, and an alternatives analysis shall be required where applicable.

(A) For sites adjacent to, containing, or potentially containing wetland resources and/or environmentally sensitive habitat areas, a wetlands determination, biological assessment shall be required. Evaluations of the proposed development's impact on the wetland resources shall be sought from appropriate state and federal resources agencies, including but not limited to the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service.

(B) For sites adjacent to, containing or potentially containing cultural resources, an archaeological and/or paleontological survey prepared by a licensed archaeologist/paleontologist shall be required.

(C) For sites adjacent to, containing or potentially containing areas of geologic instability, a geotechnical report prepared by a licensed geologic engineer shall be required.

(D) For proposed shoreline protective devices, a study on the effects to shoreline sand supply resulting from the device, impacts to public access/recreation and sensitive habitat, effects on adjacent properties, and justification of the necessity for the proposed device, monitoring plans, and the factors described in Section 9.27.030(a)(5)(B)2. of this Zoning Code, prepared by a licensed coastal engineer shall be required.

(E) For proposed development which would provide less parking than required in Chapter 9.35 of this Zoning Code, either a joint use parking plan prepared pursuant to Section 9.35.060(c)(3) or a shared parking program prepared pursuant to Section 9.35.060(c)(4) of this Zoning Code.

(F) For proposed development which would result in significant adverse impacts to public views, a visual impact study prepared pursuant to the requirements of the Urban Design Element of the General Plan.

(G) For proposed development which would result in water quality impacts, a plan shall be submitted to meet state and federal requirements regarding water quality. Such a plan should include, at a minimum, the following: structural and non-structural "best management practices", stormwater pollution prevention plans, drainage plans, and direction of runoff to the sewer system where possible rather than into storm drains which ultimately empty into rivers or the ocean.

(H) A plan to mitigate any unavoidable significant adverse impacts to any of the above coastal resources which reasonably would be known to result from the proposed development shall be submitted.

(8) A written description of the proposed development including any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. Any approved documents prepared pursuant to the California Environmental Quality Act (commencing with Section 21000 of the Public Resources Code as amended) shall be submitted. Additional environmental impact analysis may be required to make the necessary findings required by the certified Local Coastal Program. For purposes of this subsection, the term "significant adverse impact on the environment" shall be defined as contained in the California Environmental Quality Act and the Guidelines adopted pursuant thereto.

(9) Any additional information determined by the Director of Community Development to be necessary for evaluation of the proposed development.

(10) The application form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these regulations may result in a delay in processing the application or may constitute grounds for revocation of the coastal development permit. (Coastal Act/30333; 14 Cal. Code of Regulations/13053.5, 13054(b)).

(c) Prior to, or concurrently with the filing of the application, the applicant shall pay to the City a fee or deposit equal to the estimated cost of processing said application. The fee or deposit may be adjusted periodically by the City Council by resolution.

(d) Determination of Class of Development/Appeal Jurisdiction.

(1) At the time an application for a proposed development in the coastal zone is submitted, the Director of Community Development (or his/her designee) shall determine and inform the applicant that the proposed development is one of the following:

(A) Within the area of "Coastal Commission Permit Jurisdiction" and thus the applicant must obtain a coastal development permit directly from the Coastal Commission;

(B) Appealable to the Coastal Commission pursuant to Section 9.61.100(d)(2) and requires a coastal development permit from the City;

(C) Not appealable to the Coastal Commission pursuant to Section 9.61.100(d)(2) and requires a coastal development permit from the City;

(D) Exempt or categorically excluded and does not require a coastal development permit pursuant to Section 9.69.040 of this Zoning Code.

(2) The determination that a proposed development is exempt, categorically excluded, nonappealable or appealable shall be based on the certified Local Coastal Program, including any maps, categorical exclusions, land use designations, and zoning ordinances which are adopted as part of the certified Local Coastal Program.

(3) Where an applicant, interested person, or the City of Dana Point 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:

(A) The Director of Community Development shall make the determination as to what type of development is being proposed (i.e. exempt, categorically excluded, non-appealable, or appealable) and shall inform the applicant of the notice and hearing requirements for that particular development.

(B) If the determination of the Director of Community Development is challenged by the applicant or an interested person, or if the City of Dana Point wishes to have a Coastal Commission determination as to the appropriate designation, the City shall notify the Coastal Commission by telephone of the dispute/question and shall request an Executive Director's opinion;

(C) The Executive Director shall, within two working days of receipt of the City's request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, nonappealable or appealable;

(D) If the Executive Director's determination is not in accordance with the determination of the Director of Community Development, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the development. The Coastal Commission shall schedule the hearing on the determination for the next Coastal Commission meeting in Southern California following the Executive Director's determination. (Coastal Act/30333, 30620; 14 Cal. Code of Regulations/13569).

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)

§ 9.69.060 Notice and Public Hearing.

For coastal development permit applications requiring a public hearing, the Planning Commission, City Council on appeal, other approving body as may be specified pursuant to Section 9.69.030, or Director of Community Development shall conduct a noticed public hearing in accordance with the provisions of Section 9.61.050. If any of the notice and public hearing requirements of Section 9.69.060 conflict with the requirements of Section 9.61.050, the requirements of Section 9.69.060 shall take precedence for purposes of coastal development permit applications.

(a) Posting of Site. At the time the application is submitted for filing, the applicant must post, at a conspicuous place, easily read by the public and as close as possible to the site of the proposed development, notice that an application for a permit for the proposed development has been submitted to the City of Dana Point. Such notice shall contain a general description of the nature of the proposed development. The City shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to submit a signed declaration of posting as required by Section 9.69.050(6), the City shall refuse to file the application.

(b) Conduct of Public Hearing. Public hearings on coastal development permits shall be conducted in accordance with the provisions of Section 9.61.050; provided that interested persons are given a reasonable opportunity to appear before and present their viewpoints to the approving authority holding the public hearing, either orally or in writing. (Coastal Act/30333, 30620; 14 Cal. Code of Regulations/13566).

(c) Notice of City Action when Hearing Continued. If a decision on a development permit is continued by the local government to a time which is neither previously stated in the notice provided pursuant to Section 9.61.050 of this Zoning Code, nor announced at the public hearing as being continued to a time certain, the City of Dana Point 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 within Section 9.61.050 of this Zoning Code. (Coastal Act/30333, 30620; 14 Cal. Code of Regulations/13567).

(d) A public hearing is not required for the coastal development permits issued by the Director of Community Development pursuant to Section 9.69.030(a).

(e) Waiver of Public Hearing Requirements.

(1) The requirement for a public hearing on a coastal development permit application for "minor development" as defined in Section 9.69.060(e)(2) below, may be waived only if both of the following occur:

(A) A Notice of intent to waive the public hearing requirement containing the information identified below in Section 9.69.060(e)(3) is provided to all persons who would otherwise be required to be notified of a public hearing pursuant to Section 9.61.50 and 9.69.060 of this Zoning Code as well as any other persons known to be interested in receiving such notice. For purposes of this section only, "any person" means anyone, whether a neighbor or not.

(B) No written request for a public hearing on the coastal development permit application in question is received by the Director of Community Development within 15 working days from the date of sending the notice pursuant to Section 9.69.060(e)(1)(A) above.

(2) For purposes of this section only, "minor development" means a development which both meets the definition of "development" as defined in Section 9.75.040 of this Zoning Code and which the Director of Community Development determines satisfies all of the following requirements:

(A) Is consistent with the certified local coastal program as defined in Chapter 9.75 of this Zoning Code, including but not limited to the land use designation for the site and all applicable land use plan resource protection policies and related implementing Zoning Code provisions and standards;

(B) Requires no discretionary approvals other than a coastal development permit; and

(C) Has no adverse effect either individually or cumulatively (as "cumulatively" is defined in Section 9.75.030 of this Zoning Code) on coastal resources or public access to the shoreline or along the coast.

(3) Content of Notice for Waiver of Public Hearing Requirements. The notice of intent to waive public hearing requirements for a coastal development permit pursuant to this section shall include, at a minimum, the following:

(A) The date of the notice.

(B) An indication that the coastal development permit either is or is not appealable to the Coastal Commission pursuant to Section 9.69.090 of this Zoning Code.

(C) The last date, which shall be no less than 15 working days from the date of the notice, to submit a written request for a public hearing.

(D) The date the coastal development permit may be granted after the 15 working day notice period, if a public hearing is not requested in writing within the 15 working day notice period.

(E) The last date to submit written comments other than a request for a public hearing.

(F) 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 Planning Commission on a coastal development permit application which is appealable to the Coastal Commission.

(G) All other information required in a hearing notice pursuant to Section 9.61.050 of this Zoning Code.

(4) If a written request for a public hearing on the subject coastal development permit application is received during the 15 working day notice period, a noticed public hearing pursuant to Chapters 9.61 and 9.69 of this Zoning Code shall be conducted.

(5) All findings required pursuant to Section 9.69.050 of this Zoning Code shall be made for any coastal development permit application approved through Section 9.69.060(e).

(6) A Notice of Final Action pursuant to Section 9.69.100 of this Zoning Code shall be distributed for any coastal development permit application approved through Section 9.69.060(d). (Coastal Act/30624.9).

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)

§ 9.69.070 Basis For Action on Coastal Development Permit Applications.

Approval, conditional approval, or denial of any Coastal Development Permit by the City of Dana Point or the Coastal Commission on appeal shall be based upon compliance with the provisions of the certified Dana Point Local Coastal Program and, for development between the sea and the first public road paralleling the sea, the public access and recreation policies of Chapter 3 of the Coastal Act.

(a) Approvals of Coastal Development Permits. In order for a Coastal Development Permit to be approved, all the following findings must be made, in writing, in addition to the findings required to approve other applications being considered concurrently:

(1) That the proposed development is in conformity with the certified Local Coastal Program as defined in Chapter 9.75 of this Zoning Code. (Coastal Act/30333, 30604(b); 14 Cal. Code of Regulations/13096).

(2) That the proposed development, if located between the nearest public roadway and the sea or shoreline of any body of water, is in conformity with the public access and public recreation policies of Chapter Three of the Coastal Act. (Coastal Act/30333, 30604(c); 14 Cal. Code of Regulations/13096).

(3) That the proposed development conforms with Public Resources Code Section 21000 and following and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. (Coastal Act/30333; 14 Cal. Code of Regulations/13096).

(b) Denials of Coastal Development Permits. In order for a Coastal Development Permit to be denied, all the following findings must be made, in writing, in addition to the findings required to deny other applications being considered concurrently:

(1) That the proposed development is not in conformity with the certified Local Coastal Program as defined in Chapter 9.75 of this Zoning Code. (Coastal Act/30333, 30604(b); 14 Cal. Code of Regulations/13096).

(2) That the proposed development, if located between the nearest public roadway and the sea or shoreline of any body of water, is not in conformity with the public access and public recreation policies of Chapter Three of the Coastal Act. (Coastal Act/30333, 30604(c); 14 Cal. Code of Regulations/13096).

(c) Additional findings for public access are found in Section 9.27.030(a) of the Zoning Code.

(d) That 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.

(e) That the proposed development will minimize the alterations of natural landforms and will not result in undue risks from geologic and erosional forces and/or flood and fire hazards.

(f) That 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.

(g) That the proposed development will conform with the General Plan, Zoning Code, applicable Specific Plan, Local Coastal Program, or any other applicable adopted plans and programs.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)

§ 9.69.080 Decision by the Director of Community Development or Planning Commission.

(a) A copy of the notice of decision shall be filed with the City Clerk. If the decision on a coastal development permit application by the Director of Community Development is not appealed to the Planning Commission, or the decision of the Planning Commission on a coastal development permit application is not appealed to the City Council, in accordance with the appeal provisions of Section 9.61.100(a), then a Notice of Final Action shall be sent to the Executive Director of the Coastal Commission and any person requesting such notice in accordance with the provisions of Section 9.69.100 of this Chapter.

(b) In approving an application for a Coastal Development Permit or other authorization for development, the Director of Community Development or Planning Commission (or City Council on appeal) may impose any conditions necessary to enable the required findings of fact to be fairly made and/or to be sustained in their validity. Such conditions may include, but need not be limited to, provision for public access and open space or conservation easements and the relocation and/or redesign of proposed site improvements. When conditions requiring the recordation of legal documents are imposed, notification of such action shall be submitted to the Executive Director of the Coastal Commission in accordance with the following:

(1) A copy of the coastal development permit conditions, findings of approval, and drafts of any legal documents proposed to implement the required conditions pertaining to public access and open space or conservation easements shall be forwarded to the Executive Director of the Coastal Commission for review and approval of such legal documents prior to the issuance of the Coastal Development Permit.

The Executive Director shall have 15 working days from the receipt of the documents to review:

(A) The legal adequacy of the document(s) to carry out the purposes of the permit conditions or certified land use plan;

(B) The uniform application of the document(s) with other documents required throughout the coastal zone; and

(C) The document's consistency with the requirements of potential participating agencies.

(2) The Coastal Development Permit shall be issued 15 working days after the date of receipt of such documents by the Executive Director of the Coastal Commission, unless the Executive Director has notified the Director of Community Development within the 15 working days that any such legal documents are inadequate.

(3) If the Executive Director has notified the Director of Community Development that the legal documents are inadequate, the Coastal Development Permit shall not be issued until the Director of Community Development has been notified by the Executive Director in writing that the inadequacies have been resolved to the satisfaction of the Executive Director.

(4) The Coastal Development Permit shall not be issued to the applicant until the required documents have been recorded and verification of such recordation has been sent to, and receipt acknowledged by, the Executive Director.

(5) Alternatively, only in the case of public access dedications/easements or dedications/easements for open space/conservation areas, the Director of Community Development may request that the Coastal Commission delegate, to the Director of Community Development, the authority to process the recordation of the necessary legal documents, subject to the following:

(A) The Director of Community Development identifies the City department, other public agency, or private or non-profit association that has the resources and authorization to accept, open, operate, and maintain the public accessways and/or open space/conservation areas required as a condition of approval of coastal development permits; and

(B) Upon completion of the recordation of the documents, the Director of Community Development shall forward a copy of the coastal development permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space/conservation conditions to the Executive Director of the Coastal Commission. (Coastal Act/30333, 30620; 14 Cal. Code of Regulations/13574).

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)

§ 9.69.090 Appeals to the Coastal Commission.

The final action by the City, as described in Section 9.69.100(a), on a coastal development permit which is appealable to the Commission as described in Section 9.69.090(b), may be appealed in accordance with the procedures described in this Section.

(a) Exhaustion of Local Appeals. An appellant shall be deemed to have exhausted local appeals where the appellant has pursued his or her appeal to the Planning Commission and/or City Council, as described in the City of Dana Point appeal procedures in Sections 9.61.100(a) through (c) of this Zoning Code; except that exhaustion of all local appeals shall not be required if any of the following occur:

(1) The City of Dana Point requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the Coastal Zone, in the implementation section of the local coastal program.

(2) An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision.

(3) An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this Chapter.

(4) The City of Dana Point charges an appeal fee for the filing or processing of appeals. (Coastal Act/30333, 30620; 14 Cal. Code of Regulations/13111).

(b) A final action taken by the City of Dana Point on a coastal development permit application may be appealed to the Coastal Commission for only the types of development defined in Section 9.75.010 of the Zoning Code under "Appealable Development, Coastal". (Coastal Act/30603(a)).

(c) Grounds for appeal to the Coastal Commission.

(1) The grounds for an appeal of a coastal development permit approved by the City of Dana Point for a development listed in Section 9.69.090(b) above 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 public access policies set forth in Chapter Three of the Coastal Act. (Coastal Act/30603(b)(1)).

(2) The grounds for any appeal of a coastal development permit denied by the City of Dana Point for a major public works facility or a major energy facility, as such facilities are defined in Section 9.75.130 of the Zoning Code, shall be limited to the allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in Chapter Three of the Coastal Act. (Coastal Act/30603(b)(2)).

(d) Filing of an Appeal to the Coastal Commission.

(1) An appellant may contact the Coastal Commission for the appropriate forms and instructions to file an appeal. An appeal must contain the following information:

(A) The name and address of the permit applicant and appellant;

(B) The date of the local government action;

(C) A description of the development;

(D) The name of the governing body having jurisdiction over the project area;

(E) The names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;

(F) The names and address of all other persons known by the appellant to have an interest in the matter on appeal;

(G) The specific grounds for appeal which shall be limited to those stated in Section 9.69.090(c);

(H) A statement of facts on which the appeal is based;

(I) A summary of the significant question raised by the appeal.

(2) The appeal must be received in the Coastal Commission district office with jurisdiction over the City of Dana Point before the close of business on the tenth (10th) working day after receipt of the Notice of Final Action (as described in Section 9.69.100 of this Chapter) by the Coastal Commission.

(3) The appellant shall notify the applicant, any persons known to be interested in the application, and the City of Dana Point of the filing of the appeal. Notification shall be by delivering a copy of the completed Notice of Appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Coastal Commission. (Coastal Act/30333/30620.6; 14 Cal. Code of Regulations/13111).

(e) Any final action by the City on a coastal development permit for development identified in Section 9.69.090(b) above shall become effective at the close of business on the tenth working day from the date of receipt by the Coastal Commission of the Notice of Final Action required in Section 9.69.100 of this Chapter below, unless an appeal is filed within that time, pursuant to Section 9.69.090(d)(2). (Coastal Act/30603(c)).

(f) If an appeal of a final action on an appealable development is filed with the Coastal Commission, the operation and effect of that action shall be stayed pending a decision by the Coastal Commission on the appeal. (Coastal Act/30623).

(g) Persons Who May Appeal. A decision of the Director of Community Development, Planning Commission or City Council on a Coastal Development Permit for development which is appealable to the Coastal Commission pursuant to Section 9.69.090(b) above, may be appealed to the Coastal Commission, after the exhaustion of all local appeals as provided for in Section 9.69.090(a) above, by the following persons:

(1) The applicant.

(2) Any "aggrieved person" as defined in Section 9.75.010 of this Zoning Code.

(3) Any two members of the Coastal Commission.

Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of appeals to the Planning Commission or the City Council. In the event that the local appeal process was not exhausted, the Planning Commission or City Council, whichever would have been the next higher appellate body for the project in question, may adopt and transmit to the Coastal Commission a resolution requesting that it receive a copy of the Coastal Commissioner appeals. The Coastal Commissioners' appeal may be suspended pending a decision on the merits of the project by the appropriate appellate body. If the decision of the subject appellate body modifies or reverses the decision of the lower approving authority, the Coastal Commissioners shall be required to file a new appeal from the decision of the Planning Commission or City Council. (Coastal Act 30333/30620; 14 Cal. Code of Regulations/13573).

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)

§ 9.69.100 Notice of Final Action to Coastal Commission.

(a) The City's decision on the Coastal Development Permit application shall be considered final when both 1) all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and, where applicable, with the public access and recreation policies of Chapter Three of the Coastal Act; and 2) all rights to appeals before the Planning Commission and City Council, as described in Section 9.61.100 of the Zoning Code, have been exhausted, or the 15 calendar day appeals period to the Planning Commission and City Council, as described in Section 9.61.100(b) of the Zoning Code, expires without an appeal being filed. (Coastal Act/30333, 30620; 14 Cal Code of Regulations/13570).

(b) Notice of Final City Action.

(1) Within seven calendar days of the final City action as described in Section 9.69.100(a) of this Section above, a notice of the final City action shall be sent by first class mail free of charge to:

(A) the Coastal Commission office having jurisdiction over the City of Dana Point; and

(B) to any person or group requesting notice of such action.

(2) Contents of Notice:

(A) The notice shall contain the date on which the appeal period from the approving authority to the next local appellate body expired.

(B) The notice shall include all conditions of approval and written findings as described in Section 9.69.100(a) of this Section above, Section 9.69.110(e)(3)(C) below, or Section 9.69.160(c) below.

(C) For decisions on developments which are appealable to the Coastal Commission, the notice shall indicate that the City's final action is appealable to the Coastal Commission and shall include attached the procedures described in Section 9.69.090 for appeal of the City decision on the coastal development permit to the Coastal Commission. (Coastal Action/30333, 30620; 14. Cal Code of Regulations/13571(a))

(c) Failure to Act—Notice. A coastal development permit application is deemed approved by operation of law under Government Code Sections 65950 through 65957. The Director of Community Development shall, within seven calendar days of such determination, notify the Coastal Commission and any persons or group entitled to receive notice pursuant to Section 9.61.050(a)(3) of this Zoning Code that the application has been approved by operation of law pursuant to Government Code Sections 65950-65957.1 and, if applicable, that the application may be appealed to the Coastal Commission pursuant to Section 9.69.090 of this Chapter. This section shall apply equally to a determination by the City that the development has been approved by operation of law and to a judicial determination that the development has been approved by operation of law. (Coastal Act/30333; 30620; 14. Cal Code of Regulations/13571(b)(2)).

(d) Effective Date of City Action. The City's final action as described in Section 9.69.100(a) above shall not become effective if either of the following occur during the appeal period described in Section 9.69.090(e):

(1) An appeal is filed in accordance with Section 9.69.090 of this Zoning Code; or

(2) The notice of final City action does not meet the requirements of Section 9.69.100(b) above.

When either of the circumstances described in Section 9.69.100(d)(1) or 9.69.100(d)(2) above occur, the Executive Director of the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the City that the operation and effect of the final City action has been stayed.

When the circumstance described in Section 9.69.100(d)(2) above occurs, the City shall then transmit a revised notice of final action which meets the requirements of Section 9.69.100(b) above. When the Coastal Commission office having jurisdiction over the City of Dana Point receives the revised notice of final action, and the Executive Director has determined that the revised notice of final action meets the requirements of Section 9.69.100(b) above, the appeal period shall commence. (Coastal Act/30333, 30620; 14 Cal. Code of Regulations/13572)

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97; Ord. 99-05, 4/27/99)

§ 9.69.110 Administrative Coastal Development Permit.

(a) The Director of Community Development may, without a public hearing, process as an administrative permit any coastal development permit application for the classes of development identified in Section 9.69.030(a)(1) of this Chapter according to the procedures set forth in this section below.

(b) Content of Application. The application requirements for an administrative coastal development permit are those set forth in Section 9.69.050 of this Chapter.

(c) Notice.

(1) Notice shall be posted at the site of the proposed development in accordance with the procedures set forth in Section 9.69.060(a) of this Chapter. The City shall revoke the administrative coastal development permit pursuant to the procedures set forth in Section 9.69.160 of this Chapter if it determines that the administrative coastal development permit was granted without proper notice having been given, and that proper notice would have had the potential of altering the decision of the Director of Community Development to act differently in issuing said permit.

(2) Notice of administrative coastal development permits shall also be mailed by first class mail to the Coastal Commission and to persons known to be interested in the proposed development in accordance with the procedures set forth in Section 9.61.050 of this Zoning Code.

(d) Action of Administrative Coastal Development Permits. The Director of Community Development may deny, approve, or conditionally approve applications for administrative coastal development permits on the same grounds as contained in Section 9.69.070 of this Chapter for a regular coastal development permit application and may include reasonable terms and conditions necessary to bring the project into consistency with the certified local coastal program. Administrative coastal development permits issued shall be governed by the procedures used in approving regular coastal development permits pursuant to the provisions of this chapter relative to format, receipt, and acknowledgment of permit.

(e) Effective Date of Administrative Permit.

(1) Any administrative coastal development permit issued by the Director of Community Development shall be reported in writing to the Planning Commission at their first regularly scheduled meeting after the permit is approved. The Director of Community Development shall prepare a report in writing with sufficient description of the work authorized by the administrative coastal development permit to allow the Planning Commission to understand the development to be undertaken. Such report shall be available at the meeting and mailed free of charge to all persons wishing to receive such notification at the time of the regular mailing of notice for the Planning Commission meeting and any person who requested to be on the mailing list for the project as described in Section 9.69.110(d) above.

(2) If one-third or more of the full membership of the Planning Commission so request, the issuance of an administrative coastal development permit shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a regular coastal development permit application subject to all provisions of this Chapter.

(3) A decision on an administrative coastal development permit shall not be deemed final and effective until all the following have occurred:

(A) The Director of Community Development has made a decision on the application;

(B) The Planning Commission review of the administrative coastal development permit is complete, and the Planning Commission did not object, as provided for in Section 9.69.110(e)(2) above, to the decision of the Director of Community Development;

(C) All required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP; and

(D) When all rights of appeal under City ordinances, including Section 9.69.090 of this Chapter and Section 9.61.100 of this Zoning Code, have been exhausted.

(E) Notice of Final Action prepared in accordance with Section 9.69.100 of this Zoning Code has been received by the Coastal Commission.

(f) Amendment to Administrative Coastal Development Permits

(1) Amendments to administrative coastal development permits issued by the Director of Community Development may be approved by the Director of Community Development upon the same criteria and subject to the same reporting requirements and procedures, including public notice and appeals, as provided for the issuance of administrative coastal development permits in Sections 9.69.110(a) through 9.69.110(f) inclusive.

(2) If any amendment would, in the opinion of the Director of Community Development, change the nature of the approved project, or change or delete a previously imposed condition of approval, so that it no longer meets the criteria established for treating the application as an administrative coastal development permit pursuant to Section 9.69.030(a), then the application shall thereafter be treated in the manner prescribed in Section 9.69.130 of this Chapter dealing with amendments to permits other than administrative coastal development permits. (Coastal Act/30624; 14 Cal. Code of Regulations/13165).

(g) The Director of Community Development shall not approve amendments to administrative permits issued by the Executive Director of the Coastal Commission.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97; Ord. 99-05, 4/27/99)

§ 9.69.120 Expiration of Coastal Development Permits.

Any Coastal Development Permit granted herein shall be conditioned upon the privileges being exercised within 24 months after the effective date thereof, except as otherwise provided within a phasing program contained in: 1) a development agreement entered into between the City and the owners of the subject property; 2) a specific plan applicable to the subject property; or 3) as otherwise provided by resolution approved by the City Council upon recommendation of the Planning Commission. Failure to exercise such permit within such period will automatically cause the coastal development permit to expire, unless an extension of time has been granted as set forth in Section 9.69.140. De Minimis Waivers issued pursuant to Section 9.69.200 of this Chapter have no expiration date, since they are not permits.

Construction must actually be commenced within the stated period and must be diligently pursued to completion.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97)

§ 9.69.130 Amendments to Coastal Development Permits.

(a) The Director of Community Development or the Planning Commission (or City Council on appeal), may grant an amendment to a valid Coastal Development Permit issued by the City if, after considering facts presented in the application, by interested parties, and at the hearing (if a hearing is held), the Director or Commission makes all the findings set forth in Section 9.69.070.

(b) An application for an amendment to a Coastal Development Permit shall be in writing and shall include an adequate description of the proposed amendment, including but not limited to maps or drawings where appropriate. The amendment application shall be filed by the owner of record of the property covered by the permit, the owner's agent, any person with a legal right, interest, or other entitlement to use the property covered by the permit for the proposed development, or said person's authorized agent, in accordance with the provisions of Section 9.69.050(a) of this Chapter. The application shall be filed with the Director of Community Development.

(c) An application for an amendment shall be rejected if, in the opinion of the Director of Community Development, the proposed amendment would lessen or avoid the intended effect of a partially approved or conditioned coastal development permit unless the applicant presents newly discovered material information which could not, with reasonable diligence, have been discovered and produced before the permit was granted.

(d) In the case of all amendments, the noticing and public hearing requirements of Section 9.69.060 shall apply. The decision of the Director of Community Development or Planning Commission shall contain the findings required in Section 9.69.070 of this Zoning Code made to support that decision.

(e) The decision of the Director of Community Development or Planning Commission may be appealed pursuant to the procedures specified in Section 9.69.090 of this Chapter and Section 9.61.100 of this Zoning Code. (Coastal Act/30333; 14 Cal. Code of Regulations/13166).

(f) Amendments to coastal development permits approved by the Coastal Commission, either prior to certification of the local coastal program or on appeal after certification of the local coastal program, shall not be processed by the City and instead shall be processed by the Coastal Commission. (Coastal Act/30333, 30519(a); 14 Cal. Code of Regulations/13166)

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97; Ord. 99-05, 4/27/99)

§ 9.69.140 Extension of Time.

(a) The expiration and extension of any Coastal Development Permit shall be in accordance with the limitations and procedures specified in Section 9.61.130.

(b) An application for an extension of time shall be in writing and shall be filed, prior to the expiration date of the permit, by the record owner or by any other person(s) who can demonstrate a legal right, interest, or other entitlement to use the property covered by the permit. The request shall be filed with the Director of Community Development, who may require a public hearing on such application if there is indication of sufficient public interest. The Director shall hold a public hearing, in accordance with the provisions of Section 9.61.050 of this Zoning Code, if the Director determines that there has been a material change of circumstances which may affect the approved project's consistency with the certified Local Coastal Program since the original granting of the permit. In the case of all extensions, the noticing and public hearing requirements of Section 9.69.060 shall apply. If one-third or more of the full membership of the Planning Commission objects to the granting of the permit extension on the grounds that the proposed development may not be consistent with the certified Local Coastal Program, the application shall be set for a new hearing of the Planning Commission as though it were a new coastal development permit application, in accordance with the provisions of this Chapter. The decision of the Director of Community Development or the Planning Commission shall contain the findings of fact relied upon in reaching the decision.

(c) The decision of the Director of Community Development or Planning Commission may be appealed pursuant to the procedures specified in Section 9.61.100(d) of this Zoning Code. (Coastal Act/30333; 14 Cal. Code of Regulations/13169).

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97; Ord. 08-04, 3/18/08)

§ 9.69.150 Emergency Permits.

(a) This subsection shall govern procedures for processing an Emergency Coastal Development Permit to perform work to resolve problems resulting from an emergency situation as defined in Section 9.75.050 of this Zoning Code. In the event of a verified emergency, temporary emergency coastal development permit authorization to proceed with remedial measures may be given by the Director of Community Development or his/her designee until such time as a regular coastal development permit application is filed pursuant to Section 9.69.050 of this Zoning Code. Applications for an Emergency Coastal Development Permit shall be made by letter to the Director of Community Development, or in person or by telephone if time constraints do not allow either of the first two alternatives to be used. (Coastal Act/30333, 30624; 14 Cal. Code of Regulations/13136, 13138).

(b) The following information, to be reported at the time of the emergency (if it is possible to do so), or no later than within three days after the emergency, shall be included in the application to the Director of Community Development:

(1) Nature of emergency;

(2) Cause of emergency, insofar as this can be established;

(3) Location of emergency;

(4) Remedial, protective, or preventative work required to deal with the emergency; and

(5) Circumstances during the emergency that appeared to justify the course(s) of action taken or to be taken, including probable consequences of failing to take emergency action. (Coastal Act/30333, 30624; 14 Cal. Code of Regulations/13139).

(c) Verification. The Director of Community Development shall verify the facts, including the existence and nature of the emergency action, insofar as time allows. (Coastal Act/30333, 30624; 14 Cal. Code of Regulations/13140).

(d) Granting an Emergency Coastal Development Permit.

(1) The Director of Community Development shall grant the emergency coastal development permit with reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, where the Director finds that:

(A) An emergency exists that requires action more quickly than would be permitted by the normal procedures for acquiring a Coastal Development Permit pursuant to this Chapter, and the development can and will be completed within 30 days unless otherwise specified by the terms of the emergency coastal development permit.

(B) Public comment on the proposed emergency action has been solicited and reviewed to the extent feasible.

(C) The proposed emergency work would be consistent with the certified Local Coastal Program.

(2) The Director of Community Development shall provide public notice of the emergency work, with the extent and type of notice determined by the nature and time constraints 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 mailed by first class mail to the Coastal Commission and to all persons whom the Director of Community Development has reason to know would be interested in such action. (Coastal Act/30333, 30624; 14 Cal. Code of Regulations/13142).

(e) Expiration. An emergency coastal development permit shall be valid for 60 days from the date of issuance by the Director of Community Development. Prior to expiration of the emergency coastal development permit, the permittee shall submit an application for a regular coastal development permit, pursuant to Section 9.69.050 of this Chapter, for the emergency development performed. If the emergency development performed is to be temporary and to be removed after the emergency has passed, the removal of the emergency development shall be included as part of the regular coastal development permit application.

(f) Report to Planning Commission and Coastal Commission. The Director of Community Development shall report in writing the granting of the emergency coastal development permit to the Planning Commission 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 notification of coastal development permit decisions.

(g) Limitations.

(1) The Director of Community Development shall not grant an emergency coastal development permit for any development that falls within either the area of "Coastal Commission Permit Jurisdiction" or the Appeals Area, as shown generally on the Post-Certification Jurisdiction Map. In such areas and for such development, a request for an emergency authorization must be made to the Coastal Commission. Further, a waiver from coastal development permit requirements may also be obtained directly from the Executive Director of the Coastal Commission for development in the Appeals Area that is required to protect life or public property in accordance with Section 30611 of the Coastal Act.

(2) For emergency permits issued by the Coastal Commission in the appeals area pursuant to Section 30624 of the Coastal Act, an application for the required follow-up regular coastal development permit for the emergency work shall be submitted to the City, in accordance with the requirements of Section 9.69.050 of this Zoning Code, no later than 60 days from the date of issuance of the emergency permit granted by the Executive Director of the Coastal Commission. The City may process the follow-up regular coastal development permit application concurrently with the Coastal Commission proceeding of the emergency permit application.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97; Ord. 99-05, 4/27/99)

§ 9.69.160 De Minimis Project Waivers From Coastal Development Permit Requirements.

A coastal development permit application is required for all development as defined in Section 9.75.040 of this Zoning Code, including any development for which a "de minimis" permit waiver is requested even if no other local discretionary approvals are required. For a proposed development that is de minimis as defined in Section 9.69.160(a)(2) below and Section 30624.7 of the Coastal Act, the Director of Community Development may issue a waiver from the coastal development permit requirements of this Chapter subject to all of the provisions of this section.

(a) Limit of Applicability.

(1) A proposed development is de minimis only if the Director of Community Development determines that it involves no potential for any adverse effects either individually or cumulatively, on coastal resources and public access and that it will be consistent with the certified local coastal program and the public access policies of Chapter Three of the California Coastal Act. The determination shall be made in writing and based upon factual evidence.

(2) A Waiver for De Minimis Development shall be granted only for development that:

(A) Does not fall in a class of appealable development set forth in Section 9.69.090(b) of this Chapter or as defined in Section 9.75.010 of this Zoning Code;

(B) Is not located adjacent to a public accessway, public recreation areas, or sensitive coastal resource areas;

(C) Does not fall within an area in which the Coastal Commission retains direct permit review under Section 9.69.030(c) of this Chapter, or for any work that is appealable to the Coastal Commission under Section 9.69.090 of this Chapter; nor

(D) Involves a structure or similar integrated physical construction which lies partly in and partly outside the appeal area.

(3) A De Minimis Waiver application may be combined with other local discretionary actions. Since a waiver is not an actual coastal development permit, however, conditions of approval cannot be imposed on the waiver.

(b) Notice.

(1) The applicant shall post at the site in compliance with Section 9.69.060(a) of this Chapter.

(2) Within 10 calendar days of accepting an application for a De Minimis waiver or at least seven calendar days prior to the decision on the application, the Director of Community Development shall provide notice, by first class mail, of the 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 and residents within 100 feet of the perimeters of the parcel on which the development is proposed, and to the Coastal Commission.

(3) The notice shall contain the following information:

(A) The information listed in Sections 9.69.060(b)(1) through 9.69.060(b)(4) inclusive of this Chapter;

(B) The date of the hearing at which the De Minimis waiver may become effective;

(C) The general procedures concerning the submission of public comments either in writing or orally prior to the decision; and

(D) 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.

(E) A note or a numbering system which clearly distinguishes the application as being for a De Minimis Waiver and not a coastal development permit.

(c) Findings. The Director of Community Development may only issue a waiver of coastal development permit requirements only if the following written findings are made:

(1) That the waiver falls within the criteria of Section 9.69.160(a) above;

(2) The proposed development has no potential for any adverse impacts, either individually or cumulatively, on public access, public recreation, or coastal resources; and

(3) The proposed development would be consistent with the certified local coastal program.

(d) Issuance of Waiver: Effective Date.

(1) A De Minimis waiver of coastal development permit requirements shall not take effect unless the site has been posted and until the waiver has been reported to the Planning Commission, and the Planning Commission has not objected to the issuance of the De Minimis Waiver. If one-third or more of the full membership of the Planning Commission request that the waiver not be effective, the applicant shall be advised that a coastal development permit is required, subject to the provisions for regular coastal development permits of Chapter 9.69 of this Zoning Code, if the applicant wishes to proceed with the development.

(2) A decision on De Minimis waivers shall not be deemed final and effective until all required findings described in Section 9.69.160(c) above have been adopted.

(e) Compliance.

(1) Any deviation from the application and plans on file in the Department of Community Development shall constitute grounds for the City of Dana Point to revoke the De Minimis waiver authorization and to require a coastal development permit for the entire project as well as possible enforcement action and penalties subject to Section 9.69.210 of the Zoning Code.

(2) Within seven calendar days of the Planning Commission review of the issuance of a De Minimis waiver, the Director of Community Development shall notify the Coastal Commission and any persons who specifically requested notice of such action by mailing, via first class mail, a Notice of Final Action prepared pursuant to Section 9.69.100 of this Zoning Code describing the issuance and effectiveness of the De minimis waiver.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 97-05, 9/9/97; Ord. 99-05, 4/27/99)

§ 9.69.170 Enforcement.

In addition to the enforcement provisions contained in this Chapter, the provisions of Chapter 9 of Division 20 of the Public Resources Code shall also apply with respect to violations and enforcement.

(Added by Ord. 97-05, 9/9/97)

§ 9.69.180 Format and Content of Coastal Development Permits.

(a) Coastal development permits shall include the following:

(1) The applicant's name;

(2) The project location;

(3) The project description;

(4) The permit number;

(5) A statement setting out the reasons for the City's approval of the permit, including the findings required in Section 9.69.070;

(6) Any other language or drawings, in full or incorporated by reference, that are consistent with the decision to approve the permit, and are required to clarify or facilitate carrying out the intent of the City's action;

(7) Any conditions approved by the City;

(8) Such standard provisions as approved by resolution of the City;

(9) The signature of the Director of Community Development, and

(10) The time for commencement of the approved development except that where the City on original hearing or on appeal has not imposed any specific time for commencement of construction pursuant to a permit, the time for commencement shall be two years from the date of the final vote by the local body on the coastal development permit application. Each coastal development permit shall contain a statement that any request for an extension of the time of commencement must be applied for prior to expiration of the permit. (Coastal Act/30333; 14 Cal. Code of Regulations/13156).

(b) Coastal development permits approved by the Planning Commission or City Council may be in the form of a resolution, provided that all the items described in Section 9.69.180(a) above are contained in the resolution.

(c) Notice of Receipt and Acknowledgment.

(1) No building permits shall be issued for development approved by a coastal development permit until the City receives a written acknowledgment signed by the authorized permittee(s) or agent(s) stating that they have received a copy of the coastal development permit and understand and accept its contents, including all conditions of approval.

(2) The signed acknowledgment should be returned within 10 working days following issuance of the coastal development permit but in any case prior to issuance of the building permits.

(Added by Ord. 97-05, 9/9/97)