The purpose of this chapter is to establish procedures for those
areas, types of development, and activities within the coastal zone
that require a coastal development permit as prescribed in the Coastal
Act of 1976, and to establish procedures for making application for
such permit, reviewing applications, providing notice of such development
proposals, conducting public hearings for consideration of the permit
request, and to provide recourse if an appellant is aggrieved by any
order, requirement, permit, decision or determination made by the
planning director, planning commission, and/or the city council in
the administration or enforcement of these regulations.
(Ord. of 2-22-2011(1))
Except as provided in Section 17.84.014 of this chapter, any applicant wishing to undertake a "development," as defined in Section 17.61.131, in the coastal zone shall obtain a coastal development permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a coastal development permit shall conform to the plans, specifications, terms and conditions approved in granting the permit. The procedures prescribed herein may be used in conjunction with other procedural requirements of the approving authority, provided that the minimum requirements as specified herein are assured.
(Ord. of 2-22-2011(1))
Notwithstanding any other provision of the Coastal Act, no coastal
development permit shall be required pursuant to this chapter for
the following types of development and in the following areas:
A.
Improvements
to existing single-family residences; provided, however, that the
commission shall specify, by regulation, those classes of development
which involve a risk of adverse environmental effect and shall require
that a coastal development permit be obtained pursuant to this chapter.
B.
Improvements
to any structure other than a single-family residence or a public
works facility; provided, however, that the commission shall specify,
by regulation, those types of improvements which: (1) involve a risk
of adverse environmental effect; (2) adversely affect public access;
or (3) involve a change in use contrary to any policy of this chapter.
Any improvement so specified by the commission shall require a coastal
development permit.
C.
Maintenance
dredging of existing navigation channels or moving dredged material
from those channels to a disposal area outside the coastal zone, pursuant
to a permit from the United States Army Corps of Engineers.
D.
Repair
or maintenance activities that do not result in an addition to, or
enlargement or expansion of, the object of those repair or maintenance
activities; provided, however, that if the Coastal Commission determines
that certain extraordinary methods of repair and maintenance involve
a risk of substantial adverse environmental impact, it shall, by regulation,
require that a permit be obtained pursuant to this chapter.
E.
Any category of development, or any category of development within a specifically defined geographic area, that the California Coastal Commission, after public hearing, and by two/thirds vote of its appointed members, has described or identified and with respect to which the commission has found that there is no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to or along, the coast. Those categories of exemption, which may be requested to be granted by local governments pursuant to Title 14, California Code of Regulations, sections 13240-13249, are described in Orders of Categorical Exclusion adopted by the California Coastal Commission.
F.
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 Title 17, Crescent City Municipal
Code; provided, however, that where necessary, reasonable conditions
to mitigate any adverse impacts on coastal resources, including scenic
resources may be required as a part of the Title 17 entitlement(s).
G.
The
replacement of any structure, other than a public works facility,
destroyed by natural disaster. Such replacement structure shall conform
to applicable existing zoning requirements, shall be for the same
use as the destroyed structure, shall not exceed either the floor
area, height, or bulk of the destroyed structure by more than ten
percent, and shall be sited in the same location on the affected property
as the destroyed structure. As used in this subdivision, "natural
disaster" means any situation in which the force or forces which destroyed
the structure to be re-placed were beyond the control of its owner.
As used in this subdivision, "bulk" means total interior cubic volume
as measured from the exterior surface of the structure.
H.
Any
activity anywhere in the coastal zone that involves the conversion
of any existing multiple-unit residential structure to a time-share
project, estate, or use, as defined in Section 11003.5 of the Business
and Professions Code. If any improvement to an existing structure
is otherwise exempt from the permit requirements of this division,
no coastal development permit shall be required for that improvement
on the basis that it is to be made in connection with any conversion
exempt pursuant to this subdivision. The division of a multiple-unit
residential structure into condominiums, as defined in Section 783
of the Civil Code, shall not be considered a time-share project, estate,
or use for purposes of this subdivision. Conversions of visitor-serving
accommodations, whether in part of wholly, to a condominium, time-share
project, estate, or use shall require a coastal development permit.
(Ord. of 2-22-2011(1))
A.
Notwithstanding the exemptions contained in Section 30610 of the Coastal Act and Section 17.84.013 above, a local coastal development permit shall be required pursuant to this chapter for the following types of development and in the following areas:
1.
Improvements
to existing single-family residences, specifically: (a) all fixtures
and other structures directly attached to a residence; (b) 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; and (c)
landscaping on the lot; where the development involves a risk of adverse
environmental effect. The following classes of development require
a coastal development permit because they involve a risk of adverse
environmental effects:
a.
Improvements to a single-family structure if the structure or improvement
is located: (1) on a beach; (2) in a wetland; (3) seaward of the mean
high tide line; (4) in an environmentally sensitive habitat area;
(5) in an area designated as highly scenic in a certified land use
plan; or (6) within fifty feet of the edge of a coastal bluff;
b.
Any significant alteration of land forms including removal or placement
of vegetation, on a beach, wetland, or sand dune, or within fifty
feet of the edge of a coastal bluff, or in environmentally sensitive
habitat areas;
c.
On property not included in Section 17.84.014.A.1.a. above that is
located between the sea and the first public road paralleling the
sea or within three hundred feet of the inland extent of any beach
or of the mean high tide of the sea where there is no beach, whichever
is the greater distance, or in significant scenic resources areas
as designated by the Coastal Commission or Regional Commission, improvement
that would result in an increase of ten percent or more of internal
floor area of an existing structure or an additional improvement of
ten percent or less where an improvement to the structure had previously
been undertaken pursuant to Section 17.84.014.A.1, increase in height
by more than ten percent of an existing structure and/or any significant
non-attached structure such as garages, fences, shoreline protective
works or docks;
d.
Improvements to a single-family structure, or accessory structure,
which requires a building permit, within either: (1) an open space
zone district, (2) a natural resources zoning district, or (3) within
an area appealable to the California Coastal Commission pursuant to
this chapter;
e.
Improvement to a single-family structure or accessory structure,
which requires a building permit, within a coastal zone district where
the improvements are not otherwise excepted by the zoning standards
of the district;
f.
Improvements in areas which the Coastal Commission has declared by
resolution after public hearing to have a critically short water supply
that must be maintained for the protection of coastal resources or
public recreational use, the construction of any specified major water
using development not essential to residential use including but not
limited to swimming pools, or the construction or extension of any
landscaping irrigation system;
g.
Any addition to a single-family residence where the development permit
issued for the original structure by the Commission or Regional Commission
indicated that any future additions would require a development permit;
h.
The expansion or construction of any septic systems or domestic water
wells.
2.
Improvements
to any structure other than a single-family residence or a public
works facility, entailing the structure itself as well as: (a) all
fixtures and other structures directly attached to the structure;
and (b) landscaping on the lot where the improvements (1) involve
a risk of adverse environmental effect, (2) adversely affect public
access, or (3) involve a change in use contrary to any policy of this
title, a coastal development permit shall be required. The following
classes of development require a coastal development permit because
they involve one or more of the above listed effects:
a.
Improvement to any structure if the structure or the improvement
is located: on a beach; in a wetland, stream, or lake; seaward of
the mean high tide line; in an area designated as highly scenic in
a certified land use plan; or within fifty feet of the edge of a coastal
bluff;
b.
Any significant alteration of land forms including removal or placement
of vegetation, on a beach or sand dune; in a wetland or stream; within
one hundred feet of the edge of a coastal bluff, in a highly scenic
area, or in an environmentally sensitive habitat area;
c.
On property not included in subsection (b)(1) above that is located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the commission or regional commission an improvement that would result in an increase of ten percent or more of internal floor area of the existing structure, or constitute an additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to Section 17.84.014.A.2., and/or increase in height by more than ten percent of an existing structure;
d.
Improvements to structures, which require a building permit, within
either resource conservation area zone district, a coastal (hazard)
zone district or within an area appealable to the California Coastal
Commission pursuant to this chapter;
e.
Improvements to a structure within a coastal zone district where
the improvements are not otherwise excepted by the standards of the
district;
f.
Improvements in areas which the Coastal Commission has declared by
resolution after public hearing to have a critically short water supply
that must be maintained for the protection of coastal resources or
public recreational use, the construction of any specified major water
using development not essential to residential use including but not
limited to swimming pools, or the construction or extension of any
landscaping irrigation system;
g.
Any addition to a single-family residence where the development permit
issued for the original structure by the Commission or Regional Commission
indicated that any future additions would require a development permit;
h.
The expansion or construction of any septic systems or domestic water
wells;
i.
Any improvement to structure which changes the intensity of the use
of the structure;
j.
Any improvement made pursuant to a conversion of an existing structure
from a multiple unit rental use or visitor-serving commercial use
to a use involving a fee ownership or long-term leasehold including
but not limited to a condominium conversion, stock cooperative conversion
or motel/hotel time-sharing conversion.
3.
Maintenance
dredging of more that one hundred thousand cubic yards of material
within a twelve month period of existing navigation channels or moving
dredged material from such channels to a disposal area outside the
coastal zone, pursuant to a permit from the United States Army Corps
of Engineers.
4.
Repair
or maintenance activities that result in an addition to, or enlargement
or expansion of, the object of such repair, or certain extraordinary
methods of repair and maintenance that involve a risk of substantial
adverse environmental impact, they shall require that a permit be
obtained under this chapter.
a.
The following extraordinary methods of repair and maintenance shall
require a coastal development permit because they involve a risk of
substantial adverse environmental impact. Any method of repair or
maintenance of a seawall revetment, bluff retaining wall, breakwater,
groin or similar shoreline work that involves:
i.
Any repair or maintenance to facilities or structures or work located
in an environmentally sensitive habitat area, any sand area, within
fifty feet of the edge of a coastal bluff or environmentally sensitive
habitat area, or within twenty feet of coastal waters or streams that
include:
ii.
Repair or maintenance involving substantial alteration of the foundation
of the protective work including pilings and other surface or subsurface
structures;
iii.
The placement, whether temporary or permanent, of rip-rap, artificial
berms of sand or other beach materials, or any other forms of solid
materials, on a beach or in coastal waters, streams, wetlands, estuaries
and lakes or on a shoreline protective work;
iv.
The replacement of twenty percent or more of the materials of an
existing structure with materials of a different kind; or
v.
The presence, whether temporary or permanent, of mechanized construction
equipment or construction materials on any sand area or bluff or within
twenty feet of coastal waters or streams.
b.
Repair and maintenance activities described in the Commission's September
5, 1978 document which have a risk of substantial adverse impact on
public access, ESHA, public views or wetlands.
c.
Unless destroyed by natural disaster, the replacement of fifty percent
of more of a seawall, revetment, bluff retaining wall, breakwater,
groin or similar protective work under one ownership is not repair
and maintenance but instead constitutes a replacement structure requiring
a coastal development permit.
d.
Notwithstanding the above provisions, the executive director of the
coastal commission shall have the discretion to exempt from this section
ongoing routine repair and maintenance activities of local governments,
state agencies, and public utilities (such as railroads) involving
shoreline works protecting transportation roadways.
e.
Pursuant to this section, the planning commission may issue a permit
for on-going maintenance activities for a term in excess of the one-year
term provided by this title.
(Ord. of 2-22-2011(1))
A.
Except
as provided in sub-sections B and C, below, the planning director
shall exclude from coastal development permit requirements all temporary
events except those which meet all of the following criteria:
B.
Only
temporary events meeting all of the above criteria shall require coastal
development permit review, however, the planning director may also
exclude from permit requirements temporary events meeting all of the
above criteria when:
1.
The
fee is for preferred seating only and more than seventy-five percent
of the provided seating capacity is available free of charge for general
public use; or
2.
The
event is held on sandy beach area in a remote location with minimal
demand for public use, and there is no potential for adverse effect
on sensitive coastal resources; or
3.
The
event is less than one day in duration; or
4.
The
event has previously received a coastal development permit and will
be held in the same location, at a similar season, and for the same
duration, with operating and environmental conditions substantially
the same as those associated with the previously-approved event.
C.
Planning
director discretion to require a permit. The planning director may
determine that a temporary event shall be subject to coastal development
permit review, even if the criteria in Section A are not met. If the
planning director 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:
1.
The
event, either individually or together with other temporary events
scheduled before or after the particular event, precludes the general
public from use of a public recreational area for a significant period
of time.
2.
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 defined in Chapter 17.61.
3.
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;
4.
The
event has historically required a coastal development permit to address
and monitor associated impacts to coastal resources.
D.
Effect on other permit requirements. Exemption from coastal development permit requirements is not to be construed as exemption from permits and/ or entitlements required by the city. Where a building permit, use permit, variance, land subdivision, etc., is required by the city for development which is exempt under the provisions of subsection A of this section, the entitlement shall be processed pursuant to the city regulations for non-coastal zone areas.
E.
Record
of Permit Exemption. The planning director shall maintain a record
of all those developments within the coastal zone that have been authorized
as being exempt from the requirement for a coastal development permit
pursuant to this chapter. This record shall be available for review
by members of the public and mailed to the North Coast District Office
of the California Coastal Commission. The record of exemption shall
include the name of the applicant, the location of the project, and
a brief description of the project.
(Ord. of 2-22-2011(1))
It is recognized that in some instances a person or public agency performing a public service may need to undertake work to protect life and public property, or to maintain public services before the provisions of Title 17 can be fully complied with. Where such persons or agencies are authorized to proceed without a permit pursuant to the general requirements of this chapter, they shall comply with the requirements of Title 17 to the maximum extent feasible.
A.
Applications
in cases of emergencies shall be made to the planning director by
letter if time allows, and by telephone or in person if time does
not allow.
B.
The
information to be reported during the emergency, if it is possible
to do so, or to be reported fully in any case after the emergency
shall include the following:
1.
The
nature of the emergency;
2.
The
cause of the emergency, insofar as this can be established;
3.
The
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 course(s)
of action taken, including the probable consequences of failing to
take action.
C.
The
planning director shall verify the facts, including the existence
and nature of the emergency, insofar as time allows.
D.
1.
The
planning director shall provide public notice of the proposed emergency
action with the extent and type of notice determined on the basis
of the nature of the emergency itself. Notice shall also be provided
to the Executive Director of the California Coastal Commission.
2.
The
planning director may grant an emergency permit upon reasonable terms
and conditions, including an expiration date, if he finds that:
3.
The
planning director shall report in writing to each meeting of the planning
commission the emergency permits applied for or issued since the last
report, with a description of the nature of the emergency and the
work involved. Copies of this report shall be available at the meeting
and shall have been mailed at the time that application summaries
and staff recommendations are normally distributed to all persons
who have requested such notification in writing.
All emergency permits issued after the mailing for the meeting
shall be briefly described by the planning director at the meeting
and the written report shall be distributed prior to the next succeeding
meeting.
4.
Within ten calendar days of request for an emergency permit the owner/applicant shall submit an application for any required local entitlement pursuant to Section 17.84.020. Where findings are made that the action is not in conformity with the long-term policies of the Coastal Land Use Plan, the application shall be denied and the emergency permit revoked. Such revocation shall specify the type of abatement action required, if any, and a time limit for compliance shall be specified.
(Ord. of 2-22-2011(1))
A.
When
a proposed development, as defined herein, is located in the coastal
zone a coastal development permit shall be required in addition to
any other approval or permit required in these regulations.
B.
Procedures
for applying for a coastal development permit are as follows:
1.
Application
contents. Each application for a permit, amendment, or other matter
pertaining to this Title shall be filed with the planning director
on an application form approved by the city council together with
required fees and/or deposits, and all other information and materials
required by the city's list of required application contents, as identified
in the community development department handout for the specific type
of application. Applicants are encouraged to contact the department
before submitting an application to verify which materials are necessary
for application filing.
2.
Identification
of interested persons; submission of envelopes, posting of site. For
applications filed pursuant to this chapter, the applicant shall provide
names and addresses of, and stamped envelopes for adjacent landowners
and residents, and other interested persons as provided in this section.
The applicant shall provide the commission with a list of:
a.
The addresses of all residences, including each residence within
an apartment or condominium complex, located within one hundred feet
(not including roads) of the perimeter of the parcel of real property
of record on which the development is proposed;
b.
The addresses of all owners of parcels of real property of record
located within one hundred feet (not including roads) of the perimeter
of the parcel of real property of record on which the development
is proposed, based upon the most recent equalized assessment roll;
and,
c.
The names and addresses of all persons known to the applicant to
be interested in the application, including those persons who testified
at or submitted written comments for the local hearing(s).
This list shall be part of the public record maintained by the
department for the application.
3.
The
applicant shall also provide the department with stamped envelopes
for all addresses on the list prepared pursuant to subsection 1.a
through 1.c above. Separate stamped envelopes shall be addressed to
"owner," "occupant," or the name of the interested person, as applicable.
The applicant shall also place a legend on the front of each envelope
including words to the effect of "Important. Public Hearing Notice."
The director shall provide an appropriate stamp for the use of applicants
in the commission office. The legend shall be legible and of sufficient
size to be reasonably noted by the recipient of the envelope. The
director may waive this requirement for addresses identified under
subsection 1.a and 1.b above and may require that some other suitable
form of notice be provided by the applicant to those interested persons
pursuant to these regulations.
4.
If
at the applicant's request, the public hearing on the application
is postponed or continued after notice of the hearing has been mailed,
the applicant shall provide an additional set of stamped, addressed
envelopes that meet the requirements of this section. The additional
set of stamped, addressed envelopes shall be submitted within ten
days of the commission's or council's decision to postpone or continue
the hearing.
5.
At
the time the application is submitted for filing, the applicant must
post, at a conspicuous place, easily read by the public which is also
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 commission. Such notice shall contain a general
description of the nature of the proposed development. The department
shall furnish the applicant with a standardized form to be used for
such posting. If the applicant fails to sign the declaration of posting,
the director shall refuse to file the application.
6.
The
planning commission or council may revoke a permit if it determines
that the permit was granted without proper notice having been given.
C.
Eligibility
for filing. An application may only be filed by the owner of the subject
property, or other person with the written consent of the property
owner. With the director's approval, a lessee with the exclusive right
to use the property for a specified use may file an application related
to that use.
D.
Rejection
of application. If the director determines that an application cannot
lawfully be approved by the city (e.g., a request for use that could
not be granted in the absence of a preceding a coastal land use plan
or coastal zoning text or map amendment, or a concurrent tentative
subdivision map approval; or a use permit application proposing a
use that is not allowable in the subject zoning district, etc.), the
director shall not accept the application for processing.
E.
Fee schedule. In addition to the fees imposed pursuant to Section 17.61.030, the council shall establish a schedule of fees for the processing of the applications required intended to allow recovery of all costs incurred by the city in processing permit applications to the maximum extent allowed by the law.
F.
Review for completeness. The director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The director's determination of completeness shall be based on the city's list of required application contents (see Chapters 17.84A through 17.84G "Coastal development permit application contents" sub-sections), and any additional written instructions provided to the applicant in any pre-application conference, and/or during the initial application review period.
G.
Notification
of applicant. As required by State law (Government Code Section 65943),
within thirty calendar days of application filing, the applicant shall
be informed in writing, either that the application is complete and
has been accepted for processing, or that the application is incomplete
and that additional information, specified in the director's letter,
shall be provided.
H.
Appeal of determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the director's determination in compliance with Section 17.84.040.
J.
Referral
of application. At the discretion of the director, or where otherwise
required by this title or state or federal law, an application may
be referred to any public agency that may be affected by or have an
interest in the proposed project.
K.
Staff
evaluation. The director shall review all discretionary applications
filed in compliance with this title to determine whether they comply
and are consistent with the provisions of this title, other applicable
provisions of the city code, the coastal land use plan, and any applicable
specific plan.
L.
Staff
report. The director shall provide a written recommendation to the
commission and/or council (as applicable) as to whether the application
should be approved, approved subject to conditions, or disapproved.
M.
Finding. A coastal development permit may be granted if the facts presented are such that the development is in conformity with the certified coastal element of the general plan. Each coastal development permit issued for any development as indicated on the coastal appeals area map shall include specific factually-based findings, as further set forth in Section 17.84.033 and in Chapters 17.84A through 17.84G, subsections.040—Supplemental Findings, substantiating how such development does so conform.
(Ord. of 2-22-2011(1))
The determination of whether a development is categorically
excluded, non-appealable or appealable for purposes of notice, hearing
and appeals procedures shall be made by the planning director at the
time the application for development within the coastal zone is submitted.
This determination shall be made with reference to the city's certified
local coastal program, including any maps, categorical exclusions,
land use designations and zoning ordinances which are adopted as part
of the local coastal program. Where an applicant, interested person,
or the city has a question as to the appropriate designation for the
development, the following procedures shall establish whether a development
is categorically excluded, non-appealable or appealable:
A.
The
planning director shall make his or her determination as to what type
of development is being proposed (i.e. categorically excluded, appealable,
non-appealable) and shall inform the applicant of the notice and hearing
requirements for that particular development.
B.
If
the determination of the planning director, or the planning commission
and/or the city council on appeal, is challenged by the applicant
or an interested person, or if the city wishes to have a Commission
determination as to the appropriate designation, the city shall notify
the 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 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, non-appealable or appealable;
D.
Where,
after the executive director's investigation, the executive director's
determination is not in accordance with the city's determination,
the coastal commission shall hold a hearing for purposes of determining
the appropriate designation for the area. The Coastal Commission shall
schedule the hearing on the determination for the next Coastal Commission
meeting (in the appropriate geographic region of the state) following
the local government request.
(Ord. of 2-22-2011(1))
A.
Appealable
development. The following classes of development permits may be appealed
to the council and/or the Coastal Commission:
1.
Development
approved by the city located between the sea and the first public
road paralleling the sea or within three hundred feet of the inland
extent of any beach or of the mean high tide line of the sea where
there is no beach, whichever is the greater distance.
2.
Development
approved by the city not included within subsection A.1. of this section
that are located on tidelands, submerged lands, public trust lands,
within one hundred feet of any wetland, estuary, stream, or within
three hundred feet of the top of the seaward face of any coastal bluff.
3.
Development
approved by the city not included within sub-section A.1 or A.2. of
this section that are located in a sensitive coastal resource area.
4.
Any
development approved or denied by the city which constitutes a major
public works project of a major energy facility.
B.
Scheduling.
Public hearings of the city council or the planning commission shall
be subject to the rules regarding the placing of matters on its agenda.
C.
Notice
of hearings.
1.
General
Procedures. Notice of the public hearing on an application for a use
permit, zoning amendment, or coastal development permit shall be given
by:
a.
Publication once in a newspaper of general circulation printed and
published in the city at least ten days prior to the hearing;
b.
Notice to all property owners and residents within three hundred
feet of the exterior boundaries of the parcel on which the development
is proposed, using for this purpose the names and addresses of the
owners as shown on the latest city-wide assessment roll in the office
of the county assessor. Failure to send notice by mail to any such
property owner where the address of such owner is not shown on such
assessment roll shall not invalidate any proceedings in connection
with such action;
c.
Notice to each applicant;
d.
Notice to Coastal Commission;
e.
Notice to all persons requesting notifications;
f.
Notices and such other means as the planning commission or city council
may deem advisable.
2.
Contents
of public notice. In addition to the above, all notices sent shall
include:
a.
Time, place, and purpose of the public hearings;
b.
A statement as to whether the development is in the coastal zone;
c.
The date of filing the application and the name of the applicant;
d.
The number assigned to the application;
e.
A description of the development and its proposed location;
f.
A brief description of the hearing procedures including a statement
explaining the right to appear and be heard;
g.
A statement specifying the length of time that public comments will
be accepted prior to the city council decision;
h.
The system for local and Coastal Commission appeals, including any
local fees required; and
i.
The place where copies of the proposed plans may be reviewed.
3.
Procedure
to Notify One Thousand or More Owners. In the event that the number
of owners to whom notice would be sent in subsection C.1. is greater
than one thousand, notice shall be given at least ten days prior to
the hearing by the following procedures by placing a display advertisement
of at least one-fourth page in a newspaper of general circulation.
Such advertisement shall specify the type and magnitude of the changes
proposed, the place where copies of the proposed changes may be obtained,
the time, date and place of the hearing, and the right to appear and
be heard.
4.
Notice
of local government action when hearing continued. If a decision on
a development permit is continued by the planning commission or city
council to a time which is neither: (a) previously stated in the notice
provided pursuant to Section 17.84.031.A; nor (b) announced at the
hearing as being continued to a time certain, the city shall provide
notice of the further hearings (or action on the proposed development)
in the same manner, and within the same time limits as established
in Section 17.84.031.A.
D.
Hearing
Procedure and Decision.
1.
General Procedures. Hearings shall be held, and decisions rendered, by the planning commission or city council, whichever is appropriate, in accordance with the provisions of each type of case as specified in Section 17.84.032.
2.
Time
Limits.
a.
The city shall approve or disapprove a development project within
the applicable time limits specified in California Government Code
Section 65950 through 65952.b. In the event that the city fails to
act to approve or disapprove a development project within the time
limits required above, the applicant or his or her representative
may seek remedy to resolve the undecided permit request as set forth
in California Government Code Section 65956.
E.
Effective
Date.
1.
Within seven calendar days of the city completing its action on a coastal development permit, as defined in Section 17.84.037, the planning director shall transmit a notice of final action containing the information enumerated in Section 17.84.037 to the Coastal Commission informing them of such action. The effective date of a coastal development permit shall be ten working days after receipt of the notice of the permit decision by the executive director of the Coastal Commission.
2.
For
use permits, the decision of the review authority shall become effective
ten days following the filing of the notice of the appropriate review
authority's decision, unless an appeal has been filed.
F.
Waiver
of Fee for Appeal to City Council. Any concerned individual who cannot
afford the cost of any appeal fee for an appeal to the city council
may request the council to waive said fee. The city council may elect
to waive such fee and apply to the state's Coastal Commission for
a reimbursement of that fee through an SB90 claim or similar reimbursement
process. Further, should the city council not elect to waive the appeal
fee, the appellant may appeal directly to the state's Coastal Commission.
(Ord. of 2-22-2011(1))
A.
The
notice requirements for developments where a public hearing is required
under this title, but which are not appealable pursuant to Section
17.84.030.A, and which are not categorically excluded, are as follows.
At least ten days prior to a hearing the planning director shall do
the following:
1.
Notice
shall be published in a newspaper of general circulation or, if there
is none, posted in at least three public places in the local jurisdiction;
2.
Notice
by first class mail to any person who has filed a written request
for such notices;
3.
Notice
by first class mail to property owners within three hundred feet of
the proposed development;
4.
Notice
by first class mail to non-property owner residents residing within
one hundred feet of the proposed development;
5.
Notice
by first class mail to the California Coastal Commission.
All such notices shall contain a statement that the proposed
development is within the city's coastal zone.
B.
The
notice requirements for developments which are not appealable pursuant
to Section 17.84.030.A, and which are not categorically excluded and
where a public hearing is not required are as follows:
1.
Within
ten calendar days of accepting an application for a non-appealable
coastal development permit, or coastal use permit or variance, or
at least seven calendar days prior to the planning director's decision
on the application, the planning director shall provide notice by
first class mail of the pending approval of the development. This
notice shall be provided to all persons who have requested to be on
the mailing list for that development project or for coastal decisions
within the city's coastal zone, to all property owners and residents
within one hundred feet of the perimeter of the parcel on which the
development is proposed, and to the California Coastal Commission.
The notice shall contain the following information:
a.
A statement that the proposed development is within the city's coastal
zone;
b.
The date of filing of the application and the name of the applicant;
c.
The number assigned to the application;
d.
A description of the proposed development and its proposed location;
e.
The date the application will be considered by the city's planning
director;
f.
The city's general procedure concerning the submission of written
or oral comments prior to the planning director's decision; and
g.
A statement that a public comment period of sufficient time to permit
submission of comments by mail will be held prior to the planning
director's decision.
(Ord. of 2-22-2011(1))
A.
Public
hearing on appealable developments. At least one public hearing shall
be held on each application for an appealable development, thereby
affording any persons the opportunity to appear at the hearing and
inform the local government of the nature of their concerns regarding
the project. Such hearing shall occur no earlier than seven calendar
days following the mailing of the notice required in Section 17.84.031.A.
The public hearing may be conducted in accordance with existing city
procedures or in any other manner reasonably calculated to give interested
persons an opportunity to appear and present their viewpoints, either
orally or in writing.
B.
Second
residential units which meet the criteria specified in Section 17.83.010.A
do not require a public hearing pursuant to Government Code Section
65852.2.
C.
New
permit applications which are, in the opinion of the planning director,
de minimis with respect to the purposes and objectives of the adopted
Local Coastal Program and which do not involve appealable development,
may be scheduled for one public planning commission hearing during
which all such items will be taken up as a single matter, which shall
be known as the consent calendar, pursuant to the following criteria:
1.
Applications
shall be processed pursuant to applicable regulations including any
preparation of staff reports and the recommendation of findings and/or
conditions. Where an item is approved as a part of the consent calendar,
any such recommendations shall also be deemed approved.
2.
The
public shall have the right to present any testimony or evidence regarding
any item on the consent calendar. Any person may request that a consent
calendar item be removed and heard as a separate item subject to their
submittal of a brief statement of reasons for the request. The Commission
shall, upon a majority vote in favor of the request, set a continued
hearing time for the subject item.
3.
For
the purposes of this section a proposed development is de minimis
if it involves no potential for any adverse effect, either individually
or cumulatively, on coastal resources and that it will be consistent
with the city's certified local coastal program.
D.
All
permit applications involving appealable development and other permit
applications not so determined to be de minimis shall be heard as
a separate hearing item.
(Ord. of 2-22-2011(1))
Approval of any coastal development permit shall be based upon
specific factual findings supporting the conclusion that: (1) the
proposed development, without or without conditions, is consistent
with the policies and standards of the city's certified local coastal
program, and, for development located within the first public road
and the sea the access and recreation policies of Chapter 3 of the
Coastal Act; and (2) there are no other feasible mitigation measures
or alternatives that would lessen any significant adverse effects
of the development or the environment.
(Ord. of 2-22-2011(1))
Any permit that is issued or any development or action approved
on appeal, pursuant to this chapter, shall be subject to reasonable
terms and conditions in order to ensure that such development or action
will be in accordance with the provisions of this title.
(Ord. of 2-22-2011(1))
All coastal development permits subject to conditions of approval
pertaining to public access and open space or conservation easements
shall be subject to the following procedures:
A.
The
executive director of the Coastal Commission shall review and approve
all legal documents specified in the conditions of approval of a coastal
development permit for public access and conservation/open space easements.
1.
Upon
completion of permit review by the city and prior to the issuance
of the permit, the city shall forward a copy of the permit conditions
and findings of approval and copies of the legal documents to the
executive director of the Coastal Commission for review and approval
of the legal adequacy and consistency with the requirements of potential
accepting agencies;
2.
The
executive director of the Coastal Commission shall have fifteen working
days from receipt of the documents in which to complete the review
and notify the applicant of recommended revisions if any;
3.
The
city may issue the permit upon expiration of the fifteen working day
period if notification of inadequacy has not been received by the
local government within that time period;
4.
If
the executive director has recommended revisions to the applicant,
the permit shall not be issued until the deficiencies have been resolved
to the satisfaction of the executive director; or
B.
The
city may request the Coastal Commission to delegate the authority
to process the recordation of the necessary legal documents to the
city. The Coastal Commission shall delegate said authority provided
the city identifies the department of the local government or public
agency or private association that has the resources and authorization
to accept, open and operate and maintain the accessways and open space/conservation
areas required as a condition of approval of coastal development permits.
Upon completion of the recordation of the documents, the city shall
forward a copy of the permit conditions and findings of approval and
copies of the legal documents pertaining to the public access and
open space conditions to the executive director of the Coastal Commission.
(Ord. of 2-22-2011(1))
A.
Notwithstanding
Public Resources Section 30519, the coastal commission may process
and act upon a consolidated coastal development permit application
if both of the following criteria are satisfied.
1.
A
proposed project requires a coastal development permit from both a
local government with a certified local coastal program and the coastal
commission.
2.
The
applicant, the appropriate local government, and the commission, which
may agree through its executive director, consent to consolidate the
permit action, provided that public participation is not substantially
impaired by that review consolidation.
B.
The
standard of review for a consolidated coastal development permit application
submitted pursuant to subdivision A. shall follow Chapter 3 of the
California Coastal Act (commencing with Public Resources Code Section
30200), with the appropriate local coastal program used as guidance.
C.
The
application fee for consolidated coastal development permit shall
be determined by reference to the coastal commission's permit fee
schedule.
(Ord. of 2-22-2011(1))
A.
Completion
of city action. The city's decision on an application for a development
shall not be deemed complete until: (1) the local decision on the
application has been made and 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 3 of the Coastal Act; and
(2) when all local rights of appeal have been exhausted as defined
in Section 17.84.040.B.2.
B.
Notice of final local action. Within seven calendar days of the city completing its review and meeting the requirements of Section 17.84.032, the city shall notify by first class mail the Coastal Commission and any persons who specifically requested notice of such action by submitting a self-addressed, stamped envelope to the local government (or, where required, who paid a reasonable fee to receive such notice) of its action. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission.
C.
Failure
to act—Notice.
1.
Notification
by applicant. If a local government has failed to act on an application
within the time limits set forth in Government Code Sections 65950-65957.1,
the person claiming a right to proceed pursuant to Government Code
Sections 65950-65957.1 shall notify, in writing, the city and the
Coastal Commission of his or her claim that the development has been
approved by operation of law. Such notice shall specify the application
which is claimed to be approved.
2.
Notification
by city. If the city determines that the time limits established pursuant
to Government Code Sections 65950-65957.1 have expired, the local
government shall, within seven calendar days of such determination,
notify any person entitled to receive notice pursuant to Section 13571(a)
that the application has been approved by operation of law pursuant
to Government Code Sections 65950-65957.1 and the application may
be appealed to the Commission pursuant to Section 17.84.040.B or 17.84.040.C.
This section shall apply equally to a local government determination
that the project has been approved by operation of law and to a judicial
determination that the project has been approved by operation of law.
D.
A local
government's final decision on an application for an appealable development
shall become effective after the ten working day appeal period to
the Commission has expired unless either of the following occur:
2.
The
notice of final local government action does not meet the requirements
of sub-section B;
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When either of these circumstances occur, the Coastal Commission
shall, within five calendar days of receiving notice of that circumstance,
notify the local government and the applicant that the effective date
of the local government action has been suspended.
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(Ord. of 2-22-2011(1))
In the case of any coastal development permit, use permit or
variance, and in the case of any order, requirement, decision or other
determination made by the planning director, the procedures for appeals
shall be described in this section.
A.
Administrative
Actions Appealable. Any person aggrieved by any determination, interpretation,
decision, decree, judgment, or similar action taken by the planning
director under the provisions of the coastal zone zoning ordinance,
may appeal such action to the planning commission.
B.
Planning
Commission Action Appealable. Action, or appellate determinations
of the planning commission, may be appealed to the city council. Alternately,
if the city imposes a fee to appeal an action of the planning commission
on a coastal development permit to the city council, the planning
commission's approval of a coastal development permit for development
other than a major public works project or major energy facility,
or the approval or denial of a coastal development permit for a major
public works project or a major energy facility, the action may be
appealed directly to the coastal commission.
C.
City
Council Action Appealable. Approved actions, or approved appellate
determinations of the city council, may be appealed to the Coastal
Commission under the following circumstances:
1.
Eligible
Appellants. An appeal may be filed by an applicant, any aggrieved
person, as defined herein, or any two members of the Coastal Commission.
2.
Exhaustion
of Appeals. An appellant other than any coastal commissioners who
have appealed, shall exhaust all local appeals before becoming eligible
to appeal to the Coastal Commission, except if one of the following
conditions prevail:
a.
The local government or jurisdiction 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.
b.
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.
c.
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 these regulations.
d.
The local government jurisdiction charges a fee for the filing or
processing of appeals, in which case the local government may elect
to waive the appeal fee and apply to the Commission for a reimbursement
of that fee through an SB90 claim or similar reimbursement process.
Any such waiver of appeal fees shall be granted prior to the transmittal
of the notice of final local action to the coastal commission.
3.
Grounds
for Appeal.
a.
The grounds for an appeal to the types of development enumerated
in Section 17.84.030.A. shall be limited to one or more of the following
allegations:
i.
For development approved by the city located between the sea and
the first public road paralleling the sea or within three hundred
feet of the inland extent of any beach or of the mean high tide line
of the sea where there is no beach, whichever is the greater distance,
the development does not conform to the certified local coastal program
and/or the access and recreation policies of Chapter 3 of the Coastal
Act;
ii.
For development approved by the city not included within subsection
i. of this section that are located on tidelands, submerged lands,
public trust lands, within one hundred feet of any wetland, estuary,
stream, or within three hundred feet of the top of the seaward face
of any coastal bluff, the development does not conform to the certified
local coastal program;
iii.
For development approved by the city not included within sub-section
i. or ii. of this section that are located in a sensitive coastal
resource area, the development does not conform to the certified local
coastal program;
|
For development approved or denied by the city which constitutes
a major public works project of a major energy facility, the development
does not conform to the certified local coastal program; shall become
final after the tenth working day, unless an appeal in writing is
filed within that time.
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D.
Appeal
Procedures.
1.
Filing
Requirements for appeals to city appellate bodies. Appeals shall be
addressed to the appellate body, on a prescribed form and shall state
the basis of the appeal. Appeals shall be filed with the city within
ten days following the date of the action from which an appeal is
taken. Appeals shall be accompanied by a filing fee or a request to
waive such fee. Planning commission or city council actions that may
be appealed to the Coastal Commission shall be filed with the Coastal
Commission and the appeal period shall run for ten working days after
receipt by the Coastal Commission of the city's final action.
2.
Stay
of Proceedings. An action of the planning commission so appealed from
shall not become effective unless and until approved by the city council
in accordance with this section.
3.
Notice of Hearings. The notice and conduct of hearings by the appellate body shall be governed by the provisions of Section 17.84.030 and shall conform to the manner in which the original notice was given and the original hearings were conducted.
4.
Time
Limitation and Vote. The planning commission shall determine an appeal
not later than its second regular meeting following the date on which
the appeal was filed in its office. The action from which an appeal
is taken may be reversed or modified only by the affirmative vote
of a majority of the authorized membership of said commission. The
city council shall determine an appeal no later than the fourth regular
meeting following the date on which the appeal was filed in its office.
The action, or appellate determination, from which an appeal is taken
may be reversed or modified only upon an affirmative vote of a majority
of the authorized membership of said council.
5.
Failure
of Appellate Body to Act. Failure of the appellate body to act within
the time specified shall be deemed concurrence with the previous decision
rendered.
6.
Exhaustion
of Remedy. All rights of appeal are exhausted when the proceedings
set forth herein have been consummated.
7.
Conditions
and Findings. The appellate body may impose or prescribe conditions
in its resolution that are in its opinion necessary to serve the objectives
of this chapter. The appellate body shall make a written determination
of its decision together with its findings in support of the decision.
(Ord. of 2-22-2011(1))
