The purpose of the Coastal Development Permit (CDP) is to implement
the California Coastal Act of 1976 (Division 20 of the Public Resources
Code) as amended, in accordance with the City's Local Coastal Program.
The provisions of this chapter shall apply in the Coastal Zone, as
defined by the Coastal Act.
The following definitions shall apply to any project within
the Coastal Zone. In case of conflicts with other provisions of the
code, the definitions in this section shall prevail for any development
requiring a CDP.
Aggrieved Person.
Any person who, in person or through a representative, appeared
at a public hearing or by other appropriate means prior to action
on a Coastal Development Permit, informed the City of his or her concerns
about an application for such permit, or who, for good cause, was
unable to do either, and who objects to the action taken on such permit
and wishes to appeal such action to a higher authority.
Appealable Area.
That area between the sea and the first public road paralleling
the sea or within 300 feet of the inland extent of any beach or the
mean high tide line of the sea where there is no beach, whichever
is greater, tidelands, submerged lands, public trust lands, that area
within 300 feet of the top of any coastal bluff, and that area within
100 feet of any wetland, estuary or stream.
Appealable Development.
Approval of any proposed development within an "appealable
area" and approval or denial of any development which constitutes
a "major public works project" or a "major energy facility." Appealable
development may be appealed to the California Coastal Commission in
accord with the regulations adopted by the Commission.
Applicant.
The person, partnership, corporation, or state or local government
agency applying for a Coastal Development Permit.
Approving Authority.
The Director, Zoning Administrator, Planning Commission,
City Council, or the California Coastal Commission whichever approves
a Coastal Development Permit.
Categorical Exclusion.
An exception from the requirements of a Coastal Development
Permit as identified in the Certified Coastal Land Use Plan and Public
Resources Code Sections 30610(e) and 30610.5.
Coastal Development Permit (CDP).
A permit issued by the City or the California Coastal Commission
in accord with the provisions of this chapter. A Coastal Development
Permit includes all application materials, plans and conditions on
which the approval is based.
Coastal Zone.
That portion of the coastal zone, as established by the California
Coastal Act of 1976 and as it may subsequently be amended, which lies
within the City, as indicated on a map on record with the Department
of Community Development.
Development.
The placement or erection of any solid material or structure
on land, in or under water; discharge or disposal of any materials;
grading, removing, dredging, mining, or extraction of any materials;
change in the density or intensity of use of land, including, but
not limited to, subdivision pursuant to Section 66410 of the Government
Code, and any other division of land, including lot splits, except
where the land division is brought about in connection with the purchase
of such land by a public agency for public recreation use; and change
in the intensity of use of water, or of access thereto; construction,
reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal utility;
and the removal or harvesting of major vegetation.
Exclusion Areas.
The geographic area of the coastal zone of the City except
for tide and submerged lands, beaches and lots immediately adjacent
to the inland extent of any beach, or of the mean high tide line of
the sea where there is no beach, in a wetland, estuary, stream, river
or within 100 feet of such areas, or any areas defined as "environmentally
sensitive habitats" or their buffers by the certified land use plan
and so designated on the land use plan maps, or on slopes greater
than 20%, and all areas within 300 feet of the top of the seaward
face of any coastal bluff, and all lands and waters subject or potentially
subject to the public trust.
Local Coastal Program (LCP).
The City's land-use plans, zoning ordinance, zoning map,
and implementing actions certified by the Coastal Commission pursuant
to the Coastal Act and adopted by the City Council for the purpose
of carrying out the provisions of the Coastal Act.
Public Works.
Public facilities and infrastructure, including:
1.
All production, storage, transmission, and recovery facilities
for utilities subject to the jurisdiction of the California Public
Utilities Commission, except for energy facilities;
2.
All public transportation facilities, including streets, roads,
highways, mass transit facilities and stations and bridges, public
parking lots and structures, ports, harbors, airports, railroads,
and other related facilities;
3.
All publicly financed recreational facilities.
4.
All community college facilities.
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:
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.
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 30 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 60 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.
(3334-6/97)
The following categories of development are exempt from the
requirements of this chapter.
A. Existing Structures. Maintenance and alteration of, or addition
to, existing structures provided the project does not involve any
of the following:
1. Location
in an appealable area with an increase of 10% or more of the internal
floor area or an increase in height of 10% or more.
2. Location
on a beach, wetland, sand dune, stream or lake, or seaward of the
mean high tide line, or where the development would encroach within
50 feet of the edge of a coastal bluff.
3. Change
in the intensity of the use of the structure.
4. Conversion
of multi-family residential or visitor serving commercial use to condominium
or stock cooperative.
5. Any
significant alteration of land forms including removal or placement
of vegetation, on a beach, wetland or sand dune, or within 50 feet
of the edge of the coastal bluff.
6. Any
addition to a structure where the Coastal Development Permit issued
for the original structure by the City or Coastal Commission indicated
that any future additions would require a Coastal Development Permit.
B. Dredging of Navigation Channels. 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 is exempt.
C. Maintenance and Repair of Shoreline Protective Works. Repair
or maintenance of shoreline protective works that do not result in
an addition to, or enlargement or expansion of, the object of such
repair or maintenance activity is exempt, except the following which
are not exempt:
1. Repair
or maintenance of a sea wall revetment, bluff retaining wall, breakwater,
groin, culvert, outfall or similar shoreline work which involves:
a. Substantial
alteration of the foundation including pilings and other surface and
subsurface structures.
b. 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.
c. The
replacement of 20% or more of the materials of an existing structure
with materials of a different kind.
d. The
presence, whether temporary or permanent, of mechanized construction
equipment or construction materials on any sand area or bluff or within
20 feet of coastal waters or streams.
2. The
replacement of 50% or more of a sea wall revetment, bluff retaining
wall, breakwater, groin or similar protective work under one ownership,
unless destroyed by natural disaster.
3. Any
method of routine maintenance dredging that involves the dredging
of 100,000 cubic yards or more within a 12-month period; or in the
placement of dredge spoils of any quantity within an environmentally
sensitive habitat area, or any sand area, within 50 feet of the edge
of a coastal bluff or environmentally sensitive habitat area, or within
20 feet of coastal waters or streams; or 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.
4. Any
repair or maintenance to facilities or structures or work located
in an environmentally sensitive habitat area, any sand area, within
50 feet of the edge of a coastal bluff or environmentally sensitive
habitat area; or within 20 feet of any coastal waters and streams
that include:
a. The
placement or removal, whether temporary or permanent, of rip-rap,
rocks, sand or other beach materials or any other forms of solid materials.
b. The
presence, whether temporary or permanent, of mechanized equipment
or construction materials.
D. 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. The Director, where necessary,
may impose reasonable conditions to mitigate any adverse impacts on
coastal resources including but not limited to scenic resources.
E. Replacement of Destroyed Structures. The replacement of any
structure, other than a public works facility, destroyed by natural
disaster is exempt, 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 section:
"Bulk" means total interior cubic volume as measured from the
exterior surface of the structure.
"Disaster" means any situation in which the force or forces
which destroyed the structure to be replaced were beyond the control
of its owner.
"Structure" includes landscaping and any erosion control structure
or device which is similar to that which existed prior to the occurrence
of the disaster.
F. Ongoing Repair and Maintenance by Public Agencies and Utilities. Ongoing routine repair and maintenance activities of public agencies
and public utilities as described in "Repair, Maintenance and Utility
Hook-Up Exclusions from Permit Requirements" adopted by the California
Coastal Commission on September 5, 1978, are exempt; provided no new
roads are constructed, grading or clearing an undisturbed area does
not exceed 500 square feet, no trees exceeding 12 inches dbh are removed,
or the height or bulk of an existing structure will not be altered.
G. Minor Developments and Miscellaneous Activities. Because the
following activities do not constitute development as defined in Section
245.04(J), they are exempt from Coastal Development Permit requirements.
1. Revocation
of permits in accordance with applicable provisions of this Code.
2. Home
occupation permits in conformance with applicable provisions of this
Code.
H. Temporary Events.
1. A temporary event is an activity or use that constitutes development as defined in Section
245.04 (Development) of this chapter; and is an activity or function 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; and involves the placement of non-permanent structures (including but not limited to bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, platforms, etc., which do not involve grading or landform alteration for installation); and/or exclusive use of a sandy beach, parkland, filled tidelands, water, streets or parking area which is otherwise open and available for general public use.
2. Exclusive
use 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. Sandy beach area 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. Coastal resources include, but are not limited to, public
access opportunities, visitor and recreational facilities, water-oriented
activities, marine resources, biological resources, environmentally
sensitive habitat areas, agricultural lands, and archaeological or
paleontological resources.
3. Except
as provided in paragraph 4 of this subsection, the Director of Community
Development shall exclude from Coastal Development Permit requirements
all temporary events except those which meet all of the following
criteria:
a. It
is held between Memorial Day weekend and Labor Day; and
b. It
occupies all or a portion of a sandy beach area; and
c. It
involves a charge for general public admission or seating where no
fee is currently charged for use of the same area (not including booth
or entry fees).
Only temporary events meeting all of the above criteria shall
require Coastal Development Permit review; however, the Director of
Community Development may also exclude from permit requirements temporary
events meeting all of the above criteria when:
|
d. The
fee is for preferred seating only and more than 75% of the provided
seating capacity is available free of charge for general public use;
or
e. 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
f. The
event is less than one day in duration; or
g. 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.
4. The
Director of Community Development or the City Council through direction
to the Director of Community Development, may determine that a temporary
event shall be subject to Coastal Development Permit review, even
if the criteria in paragraph 3 of this subsection are not met, if
the Director or City Council determines that unique or changing circumstances
exist relative to a particular temporary event that have the potential
for significant adverse impacts on coastal resources. Such circumstances
may include the following:
a. 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;
b. The
event and its associated activities or access requirements will either
directly or indirectly impact environmentally sensitive habitat areas,
rare or endangered species, significant scenic resources, or other
coastal resources as described in paragraph 2 of this subsection;
c. The
event is scheduled between Memorial Day weekend and Labor Day and
would restrict public use of roadways or parking areas or otherwise
significantly impact public use or access to coastal waters;
d. The
event has historically required a Coastal Development Permit to address
and monitor associated impacts to coastal resources.
(3334-6/97)
Pursuant to Huntington Beach Categorical Exclusion Order E-84-2
approved by the California Coastal Commission on March 1, 1985, the
following specific categories within specific geographical areas (exclusion
areas) as shown on a map approved by the California Coastal Commission
will not require a Coastal Development Permit. A current record of
all permits issued for categorically excluded developments shall be
available for public and Coastal Commission review and shall contain
the name of applicant, location (street address and assessor's parcel
number of property on which development is proposed), and brief description
of the development, date of application of other local permit(s),
all terms and conditions of development imposed by the City in granting
its approval, the site plan and vicinity map of the development.
Pursuant to
California Code of Regulations Section 13243, any
change to the categorical order requires action by the California
Coastal Commission on the categorical exclusion. The categorical exclusion
order cannot be modified through changes to the LCP alone. A request
for amendment to a categorical exclusion order shall be processed
pursuant to
California Code of Regulations Sections 13241—13425.
A. Permitted uses (excluding Section
245.08(A)) within RL, RM, RMH and RH districts which are consistent with the zoning provisions of this Code and do not require any discretionary review.
B. Municipal
improvement projects of less than $50,000 in cost and only where such
projects would not alter vehicular capacity of public streets or intersections
by more than 10% (except traffic control devices such as stop signs
or lights), would not alter on-or off-street parking that would decrease
the number of spaces, and would not alter circulation patterns that
would impair beach access.
C. Traffic
control signing and minor roadway improvements including:
2. Guardrails,
retaining walls;
4. Signs
for traffic control and guidance, including roadway markings and pavement
delineation;
5. Drainage
course maintenance and cleaning involving less than 50 cubic yards
of excavations; and
6. Parking
meter installation and repair.
D. Minor
accessory structures in conformance with applicable provisions of
this Code.
E. Minor Development.
1. Sign
permits in conformance with applicable provisions of this Code.
2. Temporary
use permits in conformance with applicable provisions of this Code.
3. Entertainment/specific
event permits.
4. Minor
variances that do not pertain to heights and that do not negatively
impact coastal access or view corridors.
5. Grading
which does not involve 100 cubic yards or more of material and brush
or vegetation removal other than major vegetation of less than one-half
acre of land.
6. Fences
and walls six feet or less in height except when such walls or fences
will obstruct or otherwise limit public access to the beach or other
facilities to which access is protected under the Coastal Act.
7. Installation
of irrigation lines.
8. Buildings
or structures, or additions thereto, having an aggregate value of
$1,000.00 or less.
9. The
addition of a solar-collection system to existing buildings or structures
which complies with provisions of Huntington Beach Municipal Code
Title 17.
F. Miscellaneous Activities.
1. Installation
testing, placement in service or the replacement of any necessary
utility connection between an existing service facility and any development
that has previously been granted a Coastal Development Permit.
2. Actions
listed as ministerial in the California Environmental Quality Act,
including:
a. Issuance
of building permits;
b. Issuance
of building licenses;
c. Approval
of final subdivision maps; and
d. Approval
of individual utility service connections and disconnections.
(3334-6/97)
Applications for Coastal Development Permits shall be initiated
by submitting an application and necessary accompanying data as prescribed
by the Director and the required fee.
Action to approve, conditionally approve, or deny a Coastal
Development Permit shall be taken by the Zoning Administrator, Planning
Commission, or City Council, whichever has responsibility for final
approval of other discretionary permits. If no other discretionary
approval is required, the Zoning Administrator shall act on the Coastal
Development Permit application.
A public hearing shall be required prior to any action on a
Coastal Development Permit. Any person may submit written comment
to the Director on an application for a Coastal Development Permit,
or on a Coastal Development Permit appeal, at any time prior to the
close of the public hearing.
Notice of development appealable to the Coastal Commission shall
be provided as follows:
A. Contents of Notice.
1. A statement
that the development is within the appealable area of the coastal
zone;
2. The
date of the filing of the application and the name of the applicant;
3. The
file number assigned to the application;
4. A description
of the development at its proposed location;
5. The
date, time, and place at which the application will be heard;
6. A brief
description of the general procedure concerning the conduct of hearing
and local actions; and
7. The
system for local and Coastal Commission appeals, including any local
fees required.
B. Provision of Notice Prior to Public Hearing. Notice shall
be mailed at least 10 days before the public hearing on the project
to the following:
3. All
property owners and residents within 100 feet from the perimeter of
the subject parcel;
4. All
persons who have, within the past calendar year, submitted a written
request for notice of all coastal permit applications;
5. The
Coastal Commission; and
6. Public
agencies which, in the judgment of the Director, have an interest
in the project.
C. Notice of Continued Public Hearings. If a decision of an appealable Coastal Development Permit is continued to a time that has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided in the manner prescribed by subsection
B of this section.
D. Notice of Decision. On or before the seventh day following
final City action, notice of the decision, including findings for
approval and conditions (if any) on the project proposal, shall be
mailed to the following:
2. The
owner of the subject parcel;
3. All
persons who have submitted a written request for notification of action
on this specific permit; and
4. The
California Coastal Commission district office.
Notice of development non-appealable to the Coastal Commission
shall be provided as follows:
A. Contents of Notice.
1. A statement
that the development is within the non-appealable area of the coastal
zone;
2. The
date of filing of the application and the name of the applicant;
3. The
file number assigned to the application;
4. A description
of the development and its proposed location;
5. The
date, time, and place at which the application will be heard; and
6. A brief
description of the general procedure concerning the conduct of hearing
and actions.
B. Provision of Notice. Notice of developments shall be given
at least 10 calendar days before the first public hearing in the following
manner:
1. If the
matter is heard by the Planning Commission, notice shall be published
in a newspaper of general circulation;
2. Notice
by first-class mail to any person who has filed a written request
for notification of such action;
3. Notice
by first-class mail to property owners within 300 feet of the projects;
4. Notice
by first-class mail to persons residing within 100 feet from the subject
parcel;
5. Notice
by first-class mail to the Coastal Commission and any commission or
board as provided by the Local Coastal Program; and
6. Notice
by first-class mail to the applicant and owner of the property.
Where the plans, policies, requirements or standards of the
Local Coastal Program, as applied to any project in the CZ Overlay
District, conflict with those of the underlying zoning district or
other provisions of this chapter, the plans, policies, requirements
or standards of the Local Coastal Program shall take precedence.
Approval of a Coastal Development Permit shall be subject to
conditions as necessary to ensure conformance with, and implementation
of, the Local Coastal Program. Modification and resubmittal of project
plans, drawings, and specifications may be required to ensure conformance
with the Local Coastal Program.
Development pursuant to an approved Coastal Development Permit
shall not commence until all applicable administrative appeal periods
expire or, if appealed, until all administrative appeals, including
those to the Coastal Commission, have been exhausted.
A. Action
by the Zoning Administrator or Planning Commission to approve, conditionally
approve, or deny any Coastal Development Permit may be appealed on
or before the 10th working day following such action. Action by the
Zoning Administrator may be appealed to the Planning Commission. Action
by the Planning Commission may be appealed to the City Council. Appeals
may be made directly to the Coastal Commission pursuant to Sections
13111 and 13573 of the
California Code of Regulations for appealable
development.
B. Action
by the City Council on a Coastal Development Permit for appealable
development may be appealed directly to the Coastal Commission pursuant
to Sections 13111 and 13573 of the
California Code of Regulations.
C. An appeal
pursuant to this chapter may be filed only by the applicant for the
Coastal Development Permit in question, an aggrieved person, or any
two members of the Coastal Commission.
D. An appeal
to the Planning Commission shall be filed with the Community Development
Department. An appeal to the City Council shall be filed with the
City Clerk. The appeal shall be accompanied by a fee set by resolution
of the City Council and a statement of the grounds for the appeal.
E. Notice of the local appeal shall be given as set forth in Section
245.20 or
245.22 and shall be processed in accordance with the provisions of Section
248.20.
F. An appeal
to the Coastal Commission shall be processed in accordance with the
provisions of Sections 13110 through 13120 of the California Code
of Regulations.
(3334-7/96, 3517-12/01, 4099-10/16)
Whenever a CDP request under the provisions of this section
has been denied and such denial has become final, no new CDP application
for the same or similar request may be accepted within one year of
the denial date, unless the Director finds that a sufficient change
in circumstances has occurred to warrant a new CDP application.
A Coastal Development Permit shall expire on the latest expiration
date applicable to any other permit or approval required for the project,
including any extension granted for other permits or approvals. Should
the project not require City permits or approvals other than a Coastal
Development Permit, the Coastal Development Permit shall expire one
year from its date of approval if the project has not been commenced
during that time.
Upon application by the permittee, a Coastal Development Permit
may be amended by the approving authority. Application for and action
on an amendment shall be accomplished in the same manner specified
by this chapter for initial approval of the Coastal Development Permit.
In addition, hearing notice shall be given to any person who the Director
has reason to know would be interested in the matter. Public hearing
notice requirements for permit amendments shall be the same as required
for public hearings for the permit applications.
(3334-6/97)