Note: Editor's note—Ord. of 2-22-2011(1), adopted February 22, 2011, repealed the former Chapter 17.86, §§ 17.86.010—17.86.050, and enacted a new Chapter 17.86 as set out herein. The former Chapter 17.86 pertained to Coastal Zone Waterfront Building Development Appendix. See Code Comparative Table for complete derivation.
The regulations set forth in this chapter are enacted to limit
the development of the beachfront or waterfront area of city owned
lands to recreational and public purposes and to provide for public
access to local beaches on adjacent lands.
(Ord. of 2-22-2011(1))
Proposals for building on city owned beachfront lands shall
be subject to the following review and standards:
A.
Detailed
site plan. All applicants or prospective lessees or developers shall
provide a detailed site plan acceptable to the city planning commission
prior to city council review of the proposal.
B.
Preliminary
plans—Objectives, standards and conditions generally. Prior
to application for a coastal development, conditional use, or building
permit in connection with beachfront development, prospective developers
shall submit preliminary plans and proposed building elevations to
the city planning commission, and shall be guided by the following
objectives, standards and conditions:
1.
Development
along and upon the city's waterfront area shall be designed and used
for tourists, recreational and harbor-related purposes.
2.
The
city shall reserve such rights-of-way for street and utility purposes
as deemed necessary or appropriate.
3.
The
general character of development shall be in keeping with that of
the visual resources of surrounding area and reflect the highest standards
of architectural design represented in the city area. Natural materials
such as wood, timber or rock materials should be used wherever practical.
A festive atmosphere is encouraged, but all elements and aspects of
the development shall be carefully designed and in good taste.
4.
The
city planning commission shall examine the size, location, color,
proportions, textures, orientation, accessibility, landscaping and
other features of each proposed development, and impose design and
siting restrictions as necessary to ensure that all developments of
the city beachfront:
a.
Protect views to and along the ocean and scenic coastal areas;
b.
Minimize the alteration of natural land forms;
c.
Are visually compatible with the character of surrounding areas;
d.
Restore and enhance visual quality in visually degraded areas, where
feasible; and
e.
In areas determined to be highly scenic, are subordinate to the character
of its setting.
5.
Off-street
parking shall be provided in accordance with the standards relating
to zoning as provided in this code, and all additional areas up to
fifty percent shall be reserved for off-street parking. All off-street
parking areas should be suitably paved, lighted and screened by landscaping
or other appropriate materials.
C.
Leases
generally. The particular area of the city's waterfront property available
for leasing to and development by applicants shall be subject to the
approval of the city council. When an application is made for leasing
and developing a portion of the waterfront area, the city council
shall review the application and approve or disapprove the development
site.
D.
Lease
approval. All lease agreements entered into between the city and developers
or lessees, public or private, shall be subject to the approval as
to form by the city attorney.
(Ord. of 2-22-2011(1))
As set forth by the California Coastal Act new development along the immediate shoreline shall provide public access to and along the shoreline as outlined in Chapter 17.84A and in the following provisions.
A.
For
the purposes of this section "new development" does not include:
1.
Replacement
of any structure 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 of the affected
property as the destroyed structure. (As used in this subdivision,
"natural disaster" means any situation in which the force or forces
which destroyed the structure to be replaced were beyond the control
of the owner.)
2.
The
demolition and reconstruction of a single-family residence, provided
that the reconstructed residence shall not exceed either the floor
area, height or bulk of the former structure by more than ten percent,
and that the reconstructed residence shall be sited in the same location
on the affected property as the former structure.
3.
Improvements
to any structure which do not change the intensity of its use, which
do not increase either the height, or bulk of the structure by more
than ten percent, which do not block or impede public access, and
which do not result in a seaward encroachment by the structure. (As
used in this subdivision, "bulk" means total interior cubic volume
as measured from the exterior surface of the structure.)
4.
Any
repair or maintenance activity which does not result in an addition
to, or enlargement of maintenance activities; unless such activity
will have an adverse impact on internal public access to the beach.
B.
Lateral
Access. New development along the immediate shoreline shall provide
lateral access by access easements along the shoreline, inland of
the mean high tide to the first line of vegetation or to the crest
of the paralleling bluff in areas of coastal bluffs. No permit shall
be issued for a project which obstructs lateral access on the immediate
shoreline, inland of the mean high tide to the first line of vegetation,
or the crest of the paralleling bluff. Exceptions to this requirement
would be:
C.
Vertical
Access. Development along the immediate shoreline shall provide public
access by access easements from the nearest public roadway to the
shoreline. Priority for vertical access shall be restricted to that
for sandy beach areas. Accessways to rock beaches will not be required
for areas where public safety is of concern or where increased visitor
pressure on biological areas or areas of unique character, sensitive
to visitor pressure, will be degraded. Other exceptions to this requirement
would be:
1.
Where
access would have unavoidable adverse impacts on environmentally sensitive
habitat are-as;
2.
An
existing vertical accessway, adequate to meet anticipated access needs,
is located one-quarter mile or less from the development;
3.
Where
the parcel is too small to allow for an adequate vertical access corridor
without passing within twenty-five feet of a proposed dwelling; or
4.
Where
the project site is too small for the proposed development and the
access with improvements related to its use (i.e., parking).
D.
Design
and Use.
1.
Access
proposals which provide access for the general public over a wide
range of income levels, ages, and social groups shall have priority
over other private development accessways.
2.
The
lateral access required shall be limited to passive recreational uses
unless another type of use is specified as a condition of the development
permit.
3.
The
vertical access required shall be limited to the right of pass and
repass unless additional uses are specified as a condition of development.
If possible, the accessway should be sited along the border of the
development and shall extend from the road (or boundary line closest
to the road) to the shoreline. Adequate provision for maintenance
and safety access shall also be made.
E.
Dedication
of Public Access
1.
Prior
to the issuance of a permit for development which requires coastal
public access the applicant shall be required to record legal documents
for the provision of access to the city, on behalf of the public,
by easement.
2.
As
a condition to the issuance of the permit, the applicant shall be
required to furnish a CLTA title report and all necessary subordination
agreements. Title insurance may also be required where extensive easements
are being granted. The amount of insurance shall be estimated on the
basis of what it would cost to acquire an equivalent access or recreational
use easement elsewhere in the vicinity.
3.
Copies
of the document to be recorded, title report, current deed and permit
shall be forwarded to the Coastal Commission within ten days after
submission of all of the documents to the city. The city may make
minor revisions to the documents to assure that the public right of
access to and/or along the shoreline are protected and capable of
being implemented. The Coastal Commission shall review the documents
and notify the city and the applicant of any recommended revisions.
If notification of inadequacy has not been received within forty-two
days, the city may record the documents and issue the permit. If revisions
are recommended by the Commission, the permit shall not be issued
until the discrepancies have been resolved.
F.
Improvements
1.
Any
commercial, industrial, recreational, or residential project of more
than four units which is subject to the provision of access shall
be required to provide access improvements commensurate with the project
size and access demand. Such improvements shall be outlined in the
conditions of the project permit.
2.
Design
and construction of access improvements shall consider maintenance,
safety, potential vandalism and protection of fragile coastal resources.
3.
Upon
completion and acceptance of access improvement construction such
improvements shall be dedicated to the city for public use.
(Ord. of 2-22-2011(1))
