This chapter establishes a process for review and approval of Coastal Development Permits, which is intended 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.
(Ord. 20-03 § 6)
The provisions of this chapter apply to all public and private development on all properties located within the Coastal Zone as defined in the California Coastal Act, subject to the following provisions:
A. 
Tidelands, Submerged Lands, or Public Trust Lands. Projects on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled, lying within the Coastal Zone, or within any State university or college within the Coastal Zone require a permit issued by the California Coastal Commission in accordance with procedures specified by the Coastal Commission, in addition to other permits or approvals required by the City.
B. 
Development by Public Agency. A person undertaking development included in a Public Works plan or long-range development plan that has been approved by the Coastal Commission is not required to obtain a Coastal Development Permit from the City. Other City permits may be required.
C. 
Exemptions. Projects or activities specifically identified by the California Coastal Commission as exempted from the requirement for a Coastal Development Permit, listed in Section 17.61.030, do not require a Coastal Development Permit.
D. 
Responsibilities for Issuance. All development within the Coastal Zone requires a Coastal Development Permit, unless specifically exempted or excluded. The responsibility to issue a Zoning Permit within the Coastal Zone of the City shall be the following:
1. 
Coastal Development Permit Issued by the Coastal Commission. Developments on lands locate within the Coastal Commissions permit jurisdiction require a permit issued by the Coastal Commission in accordance with the procedure as specified by the California Coastal Act, as amended.
2. 
Coastal Development Permits Issued by the City.
a. 
Prior to LCP Certification. The City’s action in approving a Coastal Development Permit and any other approvals shall be “in-concept” only until such a time that the City receives a certified LCP from the Coastal Commission. If the development is subsequently approved by the Coastal Commission, the City shall issue a Zoning Clearance, pursuant to Chapter 17.54.
b. 
After LCP Certification. After certification of the LCP, the City must issue all Coastal Development Permits for development not located on lands retained within the Coastal Commission’s original permit jurisdiction.
(Ord. 20-03 § 6; Ord. 21-07 § 4)
The following projects are exempt from the requirement to obtain a Coastal Development Permit, pursuant to the Coastal Act:
A. 
Categorically Excluded Development. Projects pursuant to a Categorical Exclusion Order certified by the California Coastal Commission, pursuant to Public Resources Code Sections 30610(e) and 30610.5 and 14 California Code of Regulations, Section 13240 et seq.
B. 
Improvements to Existing Single-Unit Dwellings. Minor Development or improvements to existing Single-Unit Dwellings, subject to the following provisions:
1. 
Part of a Single-Unit Dwelling. For the purposes of this chapter, where there is an existing single-unit dwelling, all of the following are considered a part of that structure:
a. 
All fixtures or other features directly attached to a dwelling;
b. 
Accessory Structures on the property normally associated with a single-unit dwelling, such as garages, swimming pools, and fences, but not cabañas or guesthouses; and
c. 
Landscaping on the lot.
2. 
Limits on Exemption Based on Environmental Effects. The following classes of development require a Coastal Development Permit because they involve a risk of adverse environmental effects:
a. 
Improvements to a single-unit dwelling if the structure or improvement is located on a beach, in a wetland, seaward of the mean high tide line, in an ESHA, in an area designated as highly scenic in the General Plan, or within 50 feet of the edge of a coastal bluff.
b. 
Any significant alteration of land forms including the removal or placement of vegetation on a beach, wetland, or sand dune, in an ESHA, or within 50 feet of the edge of a coastal bluff.
c. 
The expansion or construction of private water wells or septic systems.
d. 
Improvements on property that is located between the sea and first public road paralleling the sea, or within 300 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, when such improvements would constitute or result in any of the following:
i. 
An increase of 10 percent or more of internal floor area of an existing structure or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to Public Resources Code Section 30610(a);
ii. 
An increase in height of an existing structure by more than 10 percent of an existing structure; and
iii. 
The construction, placement, or establishment of any significant detached accessory structure, such as garages, fences, or shoreline protective devices.
e. 
Any improvement to a single-unit dwelling where the development permit issued for the original structure by the Coastal Commission or City indicated that any future improvements would require a Coastal Development Permit.
C. 
Other Improvements. Improvements to any structure other than a single-unit dwelling or a Public Works facility, subject to the following provisions:
1. 
Definition of Existing Structure. For the purposes of this chapter, where there is an existing structure, other than a single-unit dwelling or Public Works facility, all of the following are considered a part of that structure:
a. 
All fixtures and other structures directly attached to the structure.
b. 
Landscaping on the lot.
2. 
Limits on Exemption Based on Environmental Effects. The following classes of development require a Coastal Development Permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to a policy of the Coastal Act.
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 the General Plan, or within 50 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 100 feet of the edge of a coastal bluff, in a highly scenic area, or in an ESHA.
c. 
The expansion or construction of private water wells or septic systems.
d. 
Improvements on property that is located between the sea and first public road paralleling the sea, or within 300 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, when such improvements would constitute or result in any of the following:
i. 
An increase of 10 percent or more of internal floor area of an existing structure or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken, pursuant to Public Resources Code Section 30610(b).
ii. 
Result in an increase in height by more than 10 percent of an existing structure.
e. 
Any improvement to a structure where the Coastal Development Permit issued for the original structure by the Coastal Commission or City indicated that any future improvements would require a Coastal Development Permit.
f. 
Any improvement to a structure that changes the intensity of use of the structure.
g. 
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, without limitation, a condominium conversion, stock cooperative conversion, or motel/hotel timesharing conversion.
D. 
Maintenance Dredging. 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.
E. 
Repair and Maintenance Activities. 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.
1. 
Repair and Maintenance from Natural Disaster. Unless destroyed by natural disaster, the replacement of 50 percent or more of a single-unit dwelling, seawall, revetment, bluff retaining wall, breakwater, groin, or any other structure is not repair and maintenance, but instead constitutes a replacement structure requiring a Coastal Development Permit.
2. 
Limits on Exemption Based on Environmental Effects. The following extraordinary methods of repair and maintenance require a Coastal Development Permit because they involve a risk of substantial adverse environmental impact:
a. 
Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves any of the following:
i. 
Repair or maintenance involving substantial alteration of the foundation of the protective work, including pilings and other surface or subsurface structures.
ii. 
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 shoreline protective work, except for agricultural dikes within enclosed bays or estuaries.
iii. 
The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind.
iv. 
The presence, whether temporary or permanent of mechanized construction equipment or construction materials on any sand areas, bluff, or environmentally sensitive habitat, or within 20 feet of coastal waters or streams.
b. 
Any method of routine maintenance dredging that involves any of the following:
i. 
The dredging of 100,000 cubic yards or more within a 12-month period.
ii. 
The placement of dredged spoil of any quantity within an Environmentally Sensitive Habitat Area, on 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.
iii. 
The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access, or public recreational use.
c. 
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 ESHA, or within 20 feet of coastal waters or streams that include:
i. 
The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand, or other beach materials or any other forms of solid materials.
ii. 
The presence, whether temporary or permanent, of mechanized equipment or construction materials.
3. 
Other Provisions. All repair and maintenance activities that are not exempt are subject to the Coastal Development Permit regulations of this chapter, including, without limitation, the regulations governing administrative and emergency permits. The provisions of this subsection E are not applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978, and any revisions or updates to that document by the Coastal Commission, unless a proposed activity will have a risk of substantial adverse impact on public access, ESHA, wetlands, or public views to the ocean.
F. 
Utility Connections. The installation, testing, and placement of any necessary utility connection between an existing service facility and any development that has been granted a valid Coastal Development Permit; provided, however, that the City may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources.
G. 
Structures Destroyed by Natural Disaster. The replacement of any structure, other than a Public Works facility, destroyed by a disaster, provided that the replacement structure meets all of the following criteria:
1. 
The structure is for the same use as the destroyed structure;
2. 
The structure does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent; and
3. 
The structure is sited in the same location on the affected property as the destroyed structure.
H. 
Timeshare Conversions. Any activity anywhere in the Coastal Zone that involves the conversion of any existing multiple-unit development to a timeshare project, estate, or use, as defined in Business and Professions Code Section 11212. If any improvement to an existing structure is otherwise exempt from the permit requirements of this Title, no Coastal Development Permit is required for that improvement on the basis that it is to be made in connection with any conversion that is exempt pursuant to this Title. The division of a Multiple-Unit Development into condominiums, as defined in Civil Code Section 783, must not be considered a time-share project, estate, or use for purposes of this chapter.
I. 
De Minimis Development. Development determined to be de minimis by the Review Authority, pursuant to Section 17.61.050.
(Ord. 20-03 § 6)
The Director must maintain a record of all those developments within the Coastal Zone that have been authorized as being exempt from the requirement of a Coastal Development Permit pursuant to this chapter. This record must be available for review by members of the public and representatives of the Coastal Commission. The Record of Exemption must include the name of the applicant, the location of the project, and a brief description of the project and why the project is exempt.
(Ord. 20-03 § 6)
A. 
Authority. The Director may issue a written waiver from the Coastal Development Permit requirements of this chapter for any development that is de minimis.
B. 
Determination of Applicability. A proposed development is de minimis if the Director determines, based on a review of an application for a Coastal Development Permit, that the development satisfied all of the following requirements:
1. 
The proposed development is not located within the appeals jurisdiction or within an area where the Coastal Commission retains permit jurisdiction.
2. 
The proposed development is consistent with the certified Local Coastal Program.
(Ord. 20-03 § 6)
A. 
Permit Requirements. Any person, partnership, or corporation, or State or local government agency wishing to undertake development as defined in Public Resources Code Section 30106 in the Coastal Zone must obtain a Coastal Development Permit in accord with the provisions of this chapter, unless exempt, determined de minimis, or categorically excluded. Application for a Coastal Development Permit may be submitted and processed concurrently with other required permits; however, the Coastal Development Permit must be issued before commencing development and must be required in addition to any other Zoning Permit or Discretionary Review required by the City.
B. 
Initial Determination. At the time a Coastal Development Permit application is submitted, the Director must determine whether a development project is:
1. 
Within an area where the Coastal Commission exercises original permit jurisdiction;
2. 
Categorically excluded, de minimis, or otherwise exempt from the provisions of this chapter;
3. 
Appealable to the Coastal Commission; or
4. 
Non-appealable to the Coastal Commission.
C. 
Challenge of Determination. Upon receipt of the Director’s initial determination with respect to what type of development is proposed, an applicant, other interested person, or local government who does not agree with the Director’s determination may challenge the determination. If any interested party does not agree with the Director’s determination, the matter must be forwarded to the City Council at the earliest available regularly scheduled meeting to determine whether the project is categorically excluded or otherwise exempt, non-appealable, or appealable. If such challenge is not resolved and the determination remains disputed, the City must notify the Coastal Commission Executive Director by telephone of the dispute/question and must request the Coastal Commission Executive Director’s opinion. The Coastal Commission Executive Director may either concur with the Council’s determination or forward the request to the Coastal Commission for a final determination.
D. 
Responsibilities for Issuance. After certification of the LCP by the Coastal Commission, the City must issue all Coastal Development Permits for development not located within the Coastal Commission’s original permit jurisdiction. The Coastal Commission’s original permit jurisdiction includes all tidelands, submerged lands, or public trust lands whether filled or unfilled, unless the Coastal Commission has delegated original permit jurisdiction to the City for areas potentially subject to the public trust but which are determined by the Coastal Commission to be filled, developed, and committed to urban use pursuant to Public Resources Code Section 30613. Development located in the Coastal Commission’s original permit jurisdiction requires approval of a Coastal Development Permit issued by the Coastal Commission in accordance with the procedure specified by the California Coastal Act.
1. 
Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands, submerged lands, or navigable waterways require a permit issued by the California Coastal Commission in accordance with the procedure as specified by the California Coastal Act, as amended.
2. 
Coastal Development Permits Issued by the City. All development requires a Coastal Development Permit, unless specifically exempted or excluded. After certification of the LCP, the City must issue all Coastal Development Permits for development not located within the Coastal Commission’s original permit jurisdiction.
E. 
Application Requirements. Application requirements are as established in Chapter 17.52, Common Procedures, as supplemented by specific requirements for development in the Coastal Zone established by the Director.
(Ord. 20-03 § 6)
A. 
Required Public Hearing. Any proposed development within the Coastal Zone, which otherwise would be a ministerial Coastal Development Permit, but due to its location within the appeals jurisdiction, shall be subject to review and approval of a Coastal Development with a Public Hearing before the Zoning Administrator.
B. 
Option to Require a Public Hearing.
1. 
Director-Determined Zoning Administrator Hearing. The Director may determine that the Zoning Administrator must hold a public hearing to consider the application if there is significant public controversy and/or the hearing affords an opportunity to resolve issues of concern.
2. 
Director-Determined Planning Commission Hearing. The Director may require a public hearing before the Planning Commission for any application that the Director determines to have special neighborhood or community significance. In such cases the applicant must pay the fee for the Planning Commission public hearing specified in the schedule adopted by the City Council.
C. 
Waiver of Required Public Hearing. For proposed Minor Development within the Appeals Jurisdiction of the Coastal Zone, the following provisions apply:
1. 
Basis for Waiver. If requested, the Director may waive the requirement for a public hearing before the Zoning Administrator on a Coastal Development Permit application for Minor Development only if all the following occurs:
a. 
A public notice of the waived hearing request must be provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice;
b. 
The notice must include a statement that a public hearing will be held upon the City’s receipt of a request for a hearing by any person receiving notice of the waived hearing request; and
c. 
If no public request for hearing is received by the local government within 15 working days from the date of sending the public notice pursuant to paragraph (a) above.
2. 
Appeal Rights. The notice provided pursuant to this chapter must include a statement that failure by a person to request a public hearing may result in the loss of that person’s ability to appeal to the Coastal Commission any action taken by the City on a Coastal Development Permit application.
D. 
Time Limit. The approval of a Coastal Development Permit at a public hearing shall be subject to Section 17.52.090, Common Procedures—Dates and Timing.
(Ord. 20-03 § 6)
In addition to the findings required pursuant to Section 17.52.070, Common Procedure—Findings for Approval, and any other finding required by this Title, a Coastal Development Permit application may be approved or conditionally approved only after the Review Authority has made the following additional finding:
A. 
The proposed development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act.
(Ord. 20-03 § 6)
All Coastal Development Permits subject to conditions of approval pertaining to public access, open space, or conservation easements are subject to the following procedures:
A. 
Review and Approval. The Executive Director of the Coastal Commission must review and approve all legal documents specified in the conditions of approval of a Coastal Development Permit for public access, open space, or conservation easements pursuant to the following procedures:
1. 
Completion of Permit Review. Upon completion of permit review by the City and before the issuance of the permit, the Director must forward a copy of the Zoning Permit conditions, 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. 
Review Period. The Executive Director of the Coastal Commission has 15 business days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions, if any.
3. 
Expiration of Review Period. The Director must issue the Coastal Development Permit upon expiration of the 15-day review period if notification of inadequacy from the Executive Director of the Coastal Commission has not been received by the City within that time period and all prior to issuance conditions have been met.
4. 
Revisions. If the Executive Director of the Coastal Commission has recommended revisions to the applicant, the permit cannot be issued until the deficiencies have been resolved to the satisfaction of the Executive Director.
B. 
Delegation of Authority. If the City requests, the Coastal Commission must delegate the authority to process the recordation of the necessary legal documents to the City, if the City identifies the City department, public agency, or private association that has the resources and authorization to accept, open and operate, and maintain the accessways, open space, or conservation areas required as a condition of approval of Coastal Development Permits. Upon completion of the recordation of the documents, the City must forward a copy of the permit conditions, findings of approval, and copies of the legal documents pertaining to the public access, open space, or conservation conditions to the Executive Director of the Coastal Commission.
(Ord. 20-03 § 6)
A. 
Finality of City Action. The City’s decision on an application for a development is not deemed complete until:
1. 
The City takes action on the application and all required findings have been made, 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 City rights of appeal have been exhausted, as defined in 14 California Code of Regulations, Section 13573.
B. 
Notice of Final Action Required. Within seven calendar days of the City completing its review and taking action on the requested development application, the City must notify by first-class mail, the Coastal Commission and any other persons who specifically requested notice of such action and having provided a self-addressed, stamped envelope to the Director.
C. 
Notice of Failure to Act.
1. 
Notification by Applicant. If the City has failed to act on an application within the time limits set forth in Government Code Sections 65950 to 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 to 65957.1, must 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 must specify the application that is claimed to be approved.
2. 
Notification by City. When the City determines that the time limits established pursuant to Government Code Sections 65950 to 65957.1 have expired, the City will, within seven calendar days of such determination, notify any person entitled to receive notice, pursuant to 14 California Code of Regulations, Section 13571(a), that the application has been approved by operation of law pursuant to Government Code Sections 65950 to 65957.1 and the application may be appealed to the Coastal Commission pursuant to 14 California Code of Regulations Section 13110 et seq.
D. 
Effective Date of City Action. The City’s decision on an application for Appealable Development becomes effective on the eleventh day after the Coastal Commission has received the notice of final action unless either of the following occurs:
1. 
An appeal is filed; or
2. 
The notice of final City action does not meet the requirements of this chapter.
(Ord. 20-03 § 6)