To provide for implementation of the City of Encinitas Local Coastal Program (LCP) as described in the General Plan, the procedures contained in this chapter provide for the processing of coastal development permit applications and enforcing permit requirements. A coastal development permit is required for all development within the Coastal Zone of the City, unless exempt, pursuant to Section 30.80.050 of this chapter. Where the procedures described in this chapter for issuing coastal development permits conflict with other procedures in the Zoning Code, the procedures described herein shall take precedence in the Coastal Zone.
(Ord. 95-04)
A. 
The Director of Planning and Building (hereinafter "Director") shall have authority to render a final determination for coastal development permits on the following application types:
1. 
Minor use permits.
2. 
Minor variances.
3. 
Tentative parcel.
4. 
Waivers of Municipal Code Section 30.16.010B10.
5. 
Agriculture permits.
6. 
Administrative design review permits as follows:
a. 
Fences, walls and landscaping projects subject to a design review permit pursuant to Chapter 23.08.
b. 
Tennis courts (including permitted fencing) and similar recreational facilities, if the proposed project is part of a residential development and is restricted to private use.
c. 
Outdoor storage facilities of less than 1,000 square feet in area.
d. 
Agricultural buildings which are the primary use of the parcel and 2,000 square feet or less.
e. 
Exterior additions to existing buildings and structures where the proposed project will involve less than 500 square feet in area.
f. 
Satellite Antennas. However, satellite antennas less than three feet in diameter shall be exempt provided the antenna/dish is not located on the roof.
g. 
Signs which are placed under the design review jurisdiction of the Director by other provisions of this Code (Chapter 30.60).
7. 
Lot line adjustments.
8. 
Certificates of compliance.
9. 
Extension requests.
10. 
Other applications as required by this Code.
B. 
Except as otherwise provided in this chapter, the Planning Commission is authorized to render a final determination for Coastal Development Permits on the following application types:
1. 
Major use permits.
2. 
Tentative maps.
3. 
Design review permits not under the authority of the Director under subsection A of this section.
4. 
Variance (major).
5. 
Items referred by the Planning and Building Director.
6. 
Other applications and duties as required by this Code.
C. 
Upon recommendation of the Planning Commission, the City Council is authorized to render a final determination for coastal development permits for the following application types:
1. 
General Plan interpretation.
2. 
General Plan amendment.
3. 
Zoning Code amendment.
4. 
Zoning Map amendment.
5. 
Specific plan.
6. 
Other applications as required by this Code.
(Ord. 96-07; Ord. 2003-08; Ord. 2015-01; Ord. 2016-08)
A. 
For all development applications within the Coastal Zone of the City, the Director of Planning and Building shall make the following determinations:
1. 
The proposed project requires a coastal development permit or the proposed project is one which is either exempt or categorically excluded from the requirement for a coastal development permit as described in Section 30.80.050 of this chapter.
2. 
Whether the proposed project requiring a coastal development permit may be approved by the City of Encinitas or the proposed project requiring a coastal development permit must receive its approval from the California Coastal Commission (hereinafter "Coastal Commission"). The Coastal Commission retains permit jurisdiction in tidelands, submerged lands, filled and unfilled public trust lands and any areas of deferred certification, as well as port master plan development, public works plan development, and state university/college and private university long-range development plans.
3. 
Whether the coastal development permit that must be approved by the City is appealable under certain conditions. Appeal jurisdiction for the Coastal Commission is defined in Chapter 30.04 and includes geographic areas between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or the mean high tide line where there is no beach, whichever is the greater distance; and any areas located within 300 feet of the top of the seaward face of any coastal bluff, or within 100 feet of any wetland, estuary, or stream; and any major public works project or major energy facility costing more than $100,000.00.
B. 
Pursuant to Section 13569 of Title 14 of the California Code of Regulations as amended, the determination of whether a development is categorically excluded pursuant to a categorical exclusion order, non-appealable or appealable for purposes of notice, hearing and appeals procedures shall be made according to the following:
1. 
The determination as to whether any proposed development for which a permit is sought lies within the appeals area or a categorically excluded area shall be made by the Director of Planning and Building based on the various components of the certified Local Coastal Program, including, but not limited to, the post certification maps prepared by the Coastal Commission and filed with the City, at the time the application is submitted.
2. 
If the determination of the Director of Planning and Building is challenged by the applicant or any interested person, or if the City wishes to have the Coastal Commission determine the appropriate designation, the Director of Planning and Building shall notify the Executive Director of the Coastal Commission of the dispute/question, in writing, and shall request an executive director's opinion.
3. 
The Executive Director shall, within two working days of receipt of the City's request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, non-appealable or appealable.
4. 
Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the determination of the Director of Planning and Building, 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 (to be held in the appropriate geographic region of the state) following the City's request.
C. 
For those projects requiring coastal development permit approval by the City, the property owner or authorized agent may file an application with the Director of Planning and Building. The specific submittal requirements for the application will be prescribed in writing by the Director and will be provided to the applicant upon request. The Director may require any additional information that may be necessary to enable the decision-making body to determine whether the proposed project is consistent with the General Plan, Local Coastal Program, and Zoning Code. The submittal requirements shall require all information necessary to complete environmental review of the proposed project in accordance with state and local guidelines for the implementation of the California Environmental Quality Act as well as information sufficient to determine whether the project complies with all policies and standards contained in the certified Local Coastal Program.
D. 
Pursuant to Section 30601.5 of the Coastal Act as amended, where the applicant for a coastal development permit is not the owner of a fee interest in the property on which a proposed development is to be located, but can demonstrate a legal right, interest, or other entitlement to use the property for the proposed development, the City shall not require the holder or owner of any superior interest in the property to join the applicant as co-applicant. All holders or owners of any other interests of record in the affected property shall be notified in writing of the permit application and invited to join as co-applicant. In addition, prior to the issuance of a coastal development permit, the applicant shall demonstrate the authority to comply with all conditions of approval.
E. 
Pursuant to Section 13054(b) of Title 14 of the California Code of Regulations as amended, prior to or at the time the application for a coastal development permit has been deemed complete for filing, the applicant must post, in a conspicuous place, easily read by the public and as close as possible to the site of the proposed development, notice that an application for a coastal development permit for the proposed development has been submitted to the City. Such notice shall contain a general description of the nature of the proposed development. The City shall furnish the applicant with a standardized form to be used for such posting and a declaration form to be signed by the applicant or applicant's authorized agent stating that the site has been posted in accordance with the requirements of this subsection. If the applicant fails to post the completed notice form and return the signed declaration of posting to the City, the Director of Planning and Building shall refuse to file the application, or shall withdraw the application from filing if it has already been filed when he or she learns of such failures.
F. 
The application form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these regulations may result in delay in processing the application or may constitute grounds for revocation of the coastal development permit.
(Ord. 92-15; Ord. 95-04; Ord. 2003-08)
A. 
Where a proposed project is physically located both within and outside the Coastal Zone as defined in Public Resources Section 30103 and Chapter 30.04, the following procedures apply:
1. 
For divisions of land, a coastal development permit shall be required only for lots or parcels created which contain new lot lines or portions of new lot lines within the Coastal Zone and such review will be confined to those lots or portions of lots within the Coastal Zone.
2. 
For any development involving a structure or similar integrated physical construction, a coastal development permit for any structure partially in the Coastal Zone shall be required.
B. 
Where a proposed project straddles the boundaries of the City of Encinitas and another local government, or the boundaries of the City's coastal development permit jurisdiction and Coastal Commission's permit jurisdiction, the following procedures apply:
1. 
The applicant must obtain separate coastal development permits from each jurisdiction.
2. 
If the applicant is a public agency seeking approval for a public works project, the agency may obtain a single "public works plan" approval from the Coastal Commission, in lieu of locally-issued coastal development permits.
(Ord. 95-04; Ord. 2005-04)
A. 
The City's jurisdiction over coastal development permits does not include tidelands, submerged lands and public trust lands as described in Section 30519(b) of the Public Resources Code and described as areas of "Coastal Commission Permit Jurisdiction" as delineated on the Local Coastal Program Post-Certification Permit and Appeal Jurisdiction Map as amended.
B. 
Any proposed development within the certified area which the City preliminarily approved before effective certification of the Coastal Program but which has not been filed complete with the Commission for approval shall be re-submitted to the City through an application for a permit pursuant to this certified Local Coastal Program. The standard of review for such application shall be the requirements of this certified Local Coastal Program. Any application fee paid to the Commission shall be refunded to the applicant.
C. 
Any proposed development within the certified area which the City preliminarily approved before effective certification of the Local Coastal Program and for which an application has been filed complete with the Commission may, at the option of the applicant, remain with the Commission for completion of review. Commission review of any such application shall be based solely upon the requirements of this certified Local Coastal Program. Alternatively, the applicant may resubmit the proposal to the City through an application for a coastal development permit to the requirements of this certified Local Coastal Program. The standard of review for such application shall be the requirements of this certified Local Coastal Program. Any application fee paid to the Commission shall be refunded to the applicant.
D. 
Upon effective certification of a certified Local Coastal Program, no applications for development shall be accepted by the Coastal Commission for development within the certified area except for development in areas in which the Coastal Commission retains permit jurisdiction as indicated in Sections 30.80.030A2 and 30.80.045A.
E. 
Development authorized by a Coastal Commission-issued permit remains under the jurisdiction of the Commission for the purposes of condition compliance, amendment, extension, reconsideration and revocation.
(Ord. 95-04)
The following types of development projects are exempt from the requirement for a coastal development permit when in conformance with all other provisions of the Municipal Code (i.e., no use permit, variance or other discretionary entitlement is required and the development is not governed by the Coastal Bluff Overlay regulations of Chapter 30.34 of the Municipal Code):
A. 
Improvements to existing single-family residences, as defined under paragraph (a) of Section 13250 of Title 14 of the California Code of Regulations; provided, however, that improvements specified under paragraph (b) of Section 13250 of the Code are not exempt.
B. 
Improvements to an existing structure other than a single-family residence or a public works facility, as defined under paragraph (a) of Section 13253 of Title 14 of the California Code of Regulations; provided, however, that improvements specified under paragraph (b) of Section 13253 of the Code are not exempt.
C. 
Repair and maintenance activities to existing structures or facilities that do not result in an addition to, or enlargement or expansion of, the structures or facilities; provided, however, that repair or maintenance activities specified under paragraphs (a) and (b) of Section 13252 of Title 14 of the California Code of Regulations are not exempt.
D. 
The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development which has been approved under the California Coastal Act.
E. 
The replacement of any structure other than a public works facility destroyed by a disaster. The replacement structure shall conform to applicable zoning and development requirements of the City, shall be for the same use(s) as the destroyed structure, shall not exceed the floor area, height, or bulk of the destroyed structure by more than 10%, and shall be sited in the same location on the affected development site as the destroyed structure. For purposes of this paragraph the definitions under paragraph (g) of Section 30610 of the California Public Resources Code shall apply.
F. 
Temporary uses or vents, as determined to be exempt under Chapter 30.46 of this Municipal Code.
G. 
Signs which are exempted from provisions of the Municipal Code (change of message/copy).
H. 
Categorically excluded development pursuant to a Coastal Commission approved categorical exclusion order.
I. 
Development excluded from permit requirements as described in the document titled "Interpretive Guideline on Exclusions from Permit Requirements" adopted by the California Coastal Commission pursuant to Section 30610 of the Coastal Act.
(Ord. 94-06; Ord. 95-04; Ord. 2017-03)
For those proposed projects which require a City-approved coastal development permit, the application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this chapter.
The Director shall investigate the application for coastal development permit, and upon determining it to be complete, shall prepare a written report of findings which shall be submitted to the authorized agent prior to the public hearing. If the Director is the authorized agent for the coastal development permit, no written report shall be prepared; the notice of decision shall incorporate appropriate findings of fact in support of the decision.
(Ord. 94-06)
The authorized agency shall hold a public hearing on coastal development permit requests or amendments to existing permits if the associated discretionary actions by the City otherwise require a public hearing, or if the location of the proposed project is within the area subject to appeal to the Coastal Commission pursuant to Section 30.80.030A3 of this Code. The hearing shall be scheduled and noticed as described in Chapter 30.01 of this Code except as modified by the following:
A. 
In addition to the requirements for contents of the notice of public hearing described in Chapter 30.01, the notice shall also state that the proposed project is in the Coastal Zone, contains a request for issuance of a coastal development permit, whether it includes development which is appealable to the California Coastal Commission and the system for local and Coastal Commission appeals, including any local fees required.
B. 
In addition to the requirements for ways in which the notice of public hearing is provided as described in Chapter 30.01, the notice shall be sent as first class mail at least 10 calendar days prior to the public hearing to the applicant or authorized agent; interested persons (all persons who have requested to be on the mailing list for that development project or for coastal decisions within the City); residents (occupants) and property owners within 500 feet (300 feet for projects requiring an agriculture permit) of the perimeter of the parcel on which the development is proposed, and the Coastal Commission.
C. 
For non-appealable coastal development permits where no public hearing is required, a notice of pending action, containing the same information described above for the notice of public hearing shall be provided. The notice of pending shall also include a description of local review procedures, pending action date, and a statement on public comment. The notice shall be sent as first class mail at least 10 calendar days prior to the local decision on the application to the applicant or authorized agent; interested persons (all persons who have requested to be on the mailing list for that development project or for coastal decisions within the City); residents (occupants) and property owners within 500 feet of the perimeter of the parcel on which the development is proposed, and the Coastal Commission.
D. 
Where other land use/development applications requiring a public hearing accompany a coastal development permit application, the information related to all of the applications may be combined in a single notice which includes all of the information required by Chapter 30.01 and this chapter, and the notice shall be distributed and published as described in Chapter 30.01 and this chapter.
(Ord. 95-04; Ord. 96-07; Ord. 2006-06; Ord. 2016-08)
A. 
Following the public hearing or review period, the authorized City agency shall render its decision in the form of a final or advisory resolution or notice of decision, with written findings. A decision to approve a coastal development permit must be based upon the following written findings:
1. 
The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas.
2. 
The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment.
3. 
For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et seq. of the Coastal Act.
B. 
The public hearing may be continued to subsequent dates to complete authorized City agency review of the application before a final or advisory determination is rendered. Pursuant to Section 13567 of Title 14 of the California Code of Regulations as amended, if a decision on a development permit is continued by the local government to a time which is neither previously stated in the notice provided pursuant to Section 30.80.080 of this chapter, nor announced at the public 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 within Section 30.80.080 of this chapter.
(Ord. 95-04; Ord. 96-07)
A. 
The agency authorized to render a final determination shall have the authority to impose such conditions and safeguards as it deems necessary to protect and enhance the health, safety, and welfare of the surrounding area, and to insure that the proposed project for which coastal development permit approval is sought, fully meets the criteria set forth in the General Plan, Local Coastal Program, and Zoning Code.
B. 
No coastal development permit shall require a condition which is not reasonably related to the project for which the permit is requested.
C. 
Whenever a coastal development permit is granted upon any condition or limitation, the person seeking the permit may be required to furnish security, in a form satisfactory to the Director, in an amount sufficient to insure compliance with conditions and limitation upon which the permit is granted. Such security shall be in a form satisfactory to the Director, shall be payable to the City, and shall be consistent with the conditions and limitations of the granted permit.
(Ord. 92-15)
A. 
Access Required. As a condition of approval and prior to issuance of a coastal development permit or other authorization for any new development identified in paragraphs 1 through 4 of this section, except as provided in subsection B of this section, an offer to dedicate an easement (or other legal mechanism pursuant to Section 30.80.120K2, for one or more of the types of access identified in subsections C through F of this section shall be required and shall be supported by finding required by subsections M through O of this section; provided that no such conditions of approval shall be imposed if the analysis required by paragraphs M1 and M2 of this section establishes that the development will not adversely affect, either individually or cumulatively, the ability of the public to reach and use public tidelands and coastal resources.
1. 
New development on any parcel or location identified in the Land Use Plan or in the specific LCP zoning districts.
2. 
New development between the nearest public roadway and the sea.
3. 
New development on any site where there is substantial evidence of a public right of access to the sea acquired through use or a public right of access through legislative authorization.
4. 
New development on any site where a trail, blufftop access or other recreational access is necessary to mitigate impacts of the development on public access.
B. 
Exceptions. Subsection A of this section shall apply except in the following instances:
Projects excepted from the definition of "new development" in paragraph A2 of this section, where findings required by subsections M and N of this section establish any of the following:
1. 
Public access is inconsistent with the public safety, military security needs, or protection of fragile coastal resources;
2. 
Adequate access exists nearby; or
3. 
Agriculture would be adversely affected.
Exceptions identified in this subsection B shall be supported by written findings required by subsection O of this section.
C. 
Lateral Public Access—Minimum Requirements (also to be used for blufftop access or trail access, as applicable). A condition to require lateral access as a condition of approval of a coastal development permit pursuant to subsection A of this section shall provide the public with the permanent right of lateral public access and passive recreational use along the shoreline (or public recreational area, bikeway or blufftop area, as applicable); provided that in some cases controls on the time, place and manner of uses may be justified by site characteristics including sensitive habitat values or fragile topographic features, or by the need to protect the privacy of residential development.
Active recreational use may be appropriate in many cases where the development is determined to be especially burdensome on public access. Examples include cases where the burdens of the proposed project would severely impact public recreational use of the shoreline, where the proposed development is not one of the priority uses specified in Public Resources Code Section 30222, where active recreation uses reflect the historic public use of the site, where active recreation uses would be consistent with the use of the proposed project and where such uses would not significantly interfere with the privacy of the landowner. In determining the appropriate character of public use, findings shall be made on the specific factors enumerated in subsection N of this section. Lateral access shall be legally described as required in subsection H of this section.
D. 
Vertical Public Access—Minimum Requirements. A condition to require vertical public access as a condition of approval of a coastal development permit pursuant to subsection A of this section shall provide the public with the permanent right of access, (1) located in specific locations identified in the certified Local Coastal Program for future vertical access, or (2) located in a site for which the local government has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and recreation policies of the Coastal Act or the applicable provisions of the Local Coastal Program.
A condition to require vertical access as a condition of approval of a coastal development permit shall provide the public with the permanent right of vertical access and be limited to the public right of passive recreational use unless another character of use is specified as a condition of the development. In determining whether another character of use is appropriate, findings shall be made on the specific factors identified in subsection N of this section.
Each vertical accessway shall extend from the road to the shoreline (or bluff edge) and shall be legally described as required in subsection H of this section. The access easement shall be a minimum of 10 feet wide. If a residential structure is proposed, the accessway should not be sited closer than 10 feet to the structure.
E. 
Blufftop Access—Minimum Requirements. A condition to require public access along a blufftop as a condition of approval of a coastal development permit pursuant to subsection A of this section shall provide the public with the permanent right of scenic and visual access from the blufftop to the public tidelands.
The blufftop access shall be limited to passive recreational use and coastal viewing purposes unless another character of use is specified as a condition of development. In determining the appropriate character of use, findings shall be made on the specific factors identified in subsection N of this section.
Each blufftop accessway shall be described in the conditions of approval of the coastal development permit as an area beginning at the current bluff edge extending 25 feet inland. However, the accessway shall not extend any closer than 10 feet from an occupied residential structure. Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes.
The accessway shall be legally described as required in subsection G of this section, with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner:
"Such easement shall be XXX feet wide located along the blufftop as measured inland from the daily bluff edge. As the daily blufftop edge may vary and move inland, the location of this right-of-way will change over time with the then current bluff edge, but in no case shall it extend any closer than XXX feet from XXX (a fixed inland point, such as the centerline of a public road or other easement monument.)"
F. 
Trail Access—Minimum Requirements. A condition to require public access as a condition of approval of a coastal development permit pursuant to subsection A of this section shall provide the public with the permanent right of access and active recreational use, (1) along a designated alignment of a coastal recreational path or trail in specific locations identified in the LCP for implementation of trail access, or (2) in locations where it has been determined that a trail access is required to link recreational areas to the shoreline or provide alternative recreational and access opportunities pursuant to the access and recreation policies of the LCP and Coastal Act, consistent with other provisions of this chapter. In determining if another character of use is appropriate, findings shall be made on the specific factors enumerated in subsection N of this section. The trail access shall be legally described as required by subsection H of this section.
G. 
Protection of Historic Public Use.
1. 
Siting and Design Requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may have been established based on historic public use. Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections C through F of this section.
2. 
Minimum Requirements. An access condition shall not serve to extinguish or waive public prescriptive rights. In permits where evidence shows the possibility of such prescriptive rights, the following language shall be added to the access condition:
"Nothing in this condition shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement."
H. 
Legal Description of an Accessway—Recordation. An access dedication required pursuant to subsection A of this section shall be described in the condition of approval of the permit or maximum amount of certainty as to the location of the accessway. As part of the condition of approval, easements shall be described as follows: (1) for lateral access: along the entire width of the property from the mean high tide line to (as applicable): the toe of the bluff, the toe of the seawall or other appropriate boundary such as stringline or dripline; (2) for blufftop access or trail access: extending inland from the bluff edge or along the alignment of a recreational trail; (3) for vertical access: extending from the road to the shoreline (or bluff edge). A privacy buffer provided pursuant to subsection J of this section shall be described, as applicable.
Prior to the issuance of the coastal development permit, the landowner shall execute and record a document in a form and content acceptable to the Coastal Commission [or local agency authorized pursuant to Title 14 California Administrative Code Section 13574(b)], consistent with provisions of the coastal development permit ordinance, irrevocably offering to dedicate to a public agency or private association approved by the Coastal Commission [or local agency authorized by the Commission pursuant to Title 14 California Administrative Code Section 13574(b)] an easement for a specific type of access and a specific character of use as applicable to the particular condition.
The recorded document shall include legal descriptions of both the applicant's entire parcel and the easement area and a map to scale. The offer shall be recorded free of prior liens and any other encumbrances which the Coastal Commission (or local agency authorized by the Commission) determines may affect the interest being conveyed. The offer to dedicate shall run with the land in favor of the people of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recordation.
I. 
Management Plan—Minimum Requirements. A management plan may be required in conjunction with a dedication of public access in any case where there is substantial evidence of potential conflicts between public access use and other uses on or immediately adjacent to the site. Examples include access in areas of sensitive habitats, agricultural resources, significant hazards, or adjoining residential neighborhoods or military security areas. The plan shall be prepared by the accepting agency and approved by the City of Encinitas prior to the opening of the access to public use. Where applicable, the plan should specify management controls on time and intensity of use, standards for privacy buffers and requirements for maintenance of aesthetic values through such measures as litter control.
J. 
Privacy Buffers—Minimum Requirements. Separation between a public accessway and adjacent residential use may be provided when necessary to protect the landowner's privacy or security as well as the public's right to use the accessway. Any such buffer shall be provided within the development area. Access should not be sited closer than 10 feet to any residential structure. The buffer can be reduced where separation is achieved through landscaping, fences or grade separation.
K. 
Implementation.
1. 
A dedicated accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection H of this section agrees to accept responsibility for maintenance and liability of the accessway, except in cases where immediate public access is implemented through a deed restriction, as may be required by subsection K of this section.
2. 
In any case where the size and character of a development would impose very substantial burdens on public access, such as a large resort development on the shoreline, and where the applicant has the capacity to operate and maintain the accessway or recreation area, a deed restriction may be required instead of an offer to dedicate in order to assure immediate public use of the area and maintenance of the area by the applicant and successors in interest. In any such case, all other applicable provisions of this chapter shall apply.
3. 
Assess facilities constructed on access easements (e.g., walkways, paved paths, boardwalks, etc.) should be no wider than necessary to accommodate the numbers and types of uses that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors.
L. 
Title Information. As a requirement for any public access condition, prior to the issuance of the coastal development permit, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where easements are being granted. The amount of insurance shall reflect the estimated cost to acquire an equivalent accessway or recreational use elsewhere in the vicinity. All offers shall be made free of all encumbrances which the approving authority pursuant to subsection G of this section determines may affect the interest being conveyed. If any such interest exists which could erase the access easement, it must be subordinated through a written and recorded agreement.
M. 
Required Overall Findings. Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether redevelopment or new development) and of all approvals or conditional approvals of projects (whether redevelopment or new development) where an access dedication is included in the project proposal or required as a condition of approval. Such findings shall address the applicable factors identified by subsection N of this section and shall reflect the specified level of detail, as applicable. Findings supporting all such decisions shall include:
1. 
A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection N of this section. The type of affected public access and recreation opportunities shall be clearly described.
2. 
An analysis based on applicable factors identified in subsection N of this section of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act.
3. 
A description of the legitimate governmental interest furthered by any access condition required.
4. 
An explanation of how imposition of an access dedication requirement alleviates the access burdens identified.
N. 
Required Project-Specific Findings. In determining any requirements for public access, including the type of access and character of use, the City shall evaluate and document in written findings the factors identified in paragraphs N1 through 5 of this section to the extent applicable. The findings shall explain the basis for all conclusions and decisions of the City and shall be supported by substantial evidence in the record. If an access dedication is required as a condition of approval, the findings shall explain how the adverse effects which have been identified will be alleviated or mitigated by the dedication. As used in this section, "cumulate effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning.
1. 
Project Effects on Demand for Access and Recreation. Identification of existing and open public access and coastal recreation areas and facilities in the local and regional vicinity of the development. Analysis of the project's effects upon existing public access and recreation opportunities. Analysis of the project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tide-lands and beach resources, and upon the capacity of major coastal roads from subdivision, intensification or cumulative buildout. Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analysis of the contribution of the project's cumulative effects to any such projected increase. Description of the physical characteristics of the site and its proximity to the sea, tidelands viewing points, upland recreation areas, and trail linkages to tidelands or recreation areas. Analysis of the importance and potential of the site, because of its location or other characteristics, for creating, preserving or enhancing public access to tidelands or public recreation opportunities.
2. 
Shoreline Processes. Description of the existing shoreline conditions, including beach profile, accessibility and usability of the beach, history of erosion or accretion, character and sources of sand, wave and sand movement, presence of shoreline protective structures, location of the line of mean high tide during the season when the beach is at its narrowest (generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site. Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development. Description and analysis of any reasonably like changes attributable to the primary and cumulative effects of the project to: wave and sand movement affecting beaches in the vicinity of the project; the profile of the beach; the characterize or affect beaches in the vicinity. Analysis of the effect of any identified changes of the project alone or in combination with other anticipated changes will have upon the ability of the public to use public tidelands and shoreline recreation areas.
3. 
Historic Public Use. Evidence of use of the site by members of the general public for a continuous five-year period (such as may be seasonal). Evidence of the type and character of use made by the public (vertical, lateral, blufftop, etc. and for passive and/or active recreational use, etc.). Identification of any agency (or person) who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made. Identification of the record owner of the area historically used by the public and any attempts by the owner to prohibit public use of the area, including the success or failure of those attempts. Description of the potential for adverse impact on public use of the area from the proposed development (including, but not limited to, creation of physical or psychological impediments to public use).
4. 
Physical Obstructions. Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas or other public coastal resources or to see the shoreline.
5. 
Other Adverse Impacts on Access and Recreation. Description of the development's physical proximity and relationship to the shoreline and any public recreation area. Analysis of the extent to which buildings, walls, signs, street or other aspects of the development, individually or cumulatively, are likely to diminish the public's use of tidelands or lands committed to public recreation. Description of any alteration of the aesthetic, visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development.
O. 
Required Findings for Public Access Exceptions. Any determination that one of the exceptions of subsection B of this section applies to a development shall be supported by written findings of fact, analysis and conclusions which address all of the following:
1. 
The type of access potentially applicable to the site involved (vertical, lateral, blufftop, etc.) and its location in relation to the fragile coastal resource to be protected, the agricultural use, the public safety concern, or the military facility which is the basis for the exception, as applicable.
2. 
Unavailability of any mitigating measures to manage the type, character, intensity, hours, season or location of such use so that agricultural resources, fragile coastal resources, public safety, or military security, as applicable, are protected.
3. 
Ability of the public, through other reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land.
P. 
Findings for Management Plan Conditions. Written findings in support of a condition requiring a management plan for regulating the time and manner or character of public access use must address the following factors, as applicable:
1. 
Identification and protection of specific habitat values including the reasons supporting the conclusion that such values must be protected by limiting the hours, seasons or character of public use.
2. 
Topographic constraints of the development site.
3. 
Recreational needs of the public.
4. 
Rights of privacy of the landowner which could not be mitigated by setting the project back from the accessway or otherwise conditioning the development.
5. 
The requirements of the possible accepting agency, if an offer of dedication is the mechanism for securing public access.
6. 
Feasibility of adequate setbacks, fencing, landscaping and other methods as part of a management plan to regulate public use.
Q. 
Legal Documents. For all coastal development permits which are approved with conditions regarding grants of public access and open space, responsibility for reviewing completed legal documents and assuring that dedications of offers-to-dedicate are properly recorded shall remain with the Coastal Commission staff. Following approval of an application by the City, the resolution of approval containing the access and/or open space conditions and the associated legal documents will be forwarded to the Coastal Commission staff for review. The Executive Director shall have 15 working days from receipt of the documents in which to complete the review and notify both the City and the applicant of any recommended revisions. The coastal development permit may be issued by the City unless it has received notification of inadequacies from Coastal Commission staff during the review period. Any inadequacies noted must be resolved to the satisfaction of the Coastal Commission's Executive Director prior to permit issuance.
(Ord. 95-04)
Prior to commencement of the use and the issuance of a building permit or any other permit required for the construction of a project for which a coastal development permit is required, the Director shall determine whether the plans submitted for such construction permit are in substantial conformance with the coastal development permit.
A. 
Pursuant to Section 13750 of Title 14 of the California Code of Regulations, the City's decision on the coastal development permit application shall be considered final when:
1. 
All required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified Local Coastal Program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and
2. 
All rights to appeals before the Planning Commission and City Council have been exhausted as defined in Section 30.80.150.
B. 
Following final action on a coastal development permit by the Director of Planning and Building, or Planning Commission, and following final decision by any of the City decision-making bodies on an appeal of a coastal development permit, a notice of final action shall be prepared and distributed as follows:
1. 
The notice of final action shall include the notice of decision by the Director, and the resolution by the Planning Commission or City Council containing conditions of approval, if any, and written findings supporting the action, and the procedure for appeal to the Coastal Commission for appealable projects.
2. 
The notice of final action shall be distributed within seven calendar days of the final City action by first class mail to the Coastal Commission, project applicant or authorized agent, and all persons who have requested notice of final action on the proposed development.
C. 
For appealable projects, the receipt of an adequate notice of final action by the Coastal Commission starts a 10-working-day appeal period and the Commission staff will notify the City and project applicant of the appeal period dates.
D. 
Pursuant to Section 13572 of Title 14 of the California Code of Regulations as amended, the City's final decision on an application for an appealable development shall become effective after the 10-working-day appeal period to the Coastal Commission has expired unless either of the following occur:
1. 
An appeal is filed in accordance with Section 30.80.160 of this chapter;
2. 
The notice of final local government action does not meet the requirements of subsection B of this section.
When either of the circumstances in this subsection D occur, the Executive Director of the Coastal Commission shall, within five calendar days of receiving the notice of final local government action, notify the City that the effective date of the City action has been suspended.
E. 
If the City fails to act on a coastal development permit application within the time limits set forth in Government Code Sections 65950-65957.1, the development is approved due to the expiration of time limits, and a notice of final action shall be prepared and distributed as described above. This subsection is applicable only after required notice is given pursuant to Sections 65950-65957.1.
(Ord. 94-06; Ord. 95-04; Ord. 96-04; Ord. 2003-08; Ord. 2022-07)
A. 
A coastal development permit decision rendered by the Director, or Planning Commission may be appealed to the City Council in accordance with the procedures in this Code (see Chapter 1.12).
B. 
Pursuant to Section 13573 of Title 14 of the California Code of Regulations as amended, an appellant shall be deemed to have exhausted local appeals for purposes of Section 30.80.140A and shall be qualified as an "aggrieved person" where the appellant has pursued his or her appeal to the local appellate body (bodies) as required by the local government appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur:
1. 
The City requires an appellant to appeal to more local appellate bodies that have been certified as appellate bodies for permits in the Coastal Zone, in the implementation section of the LCP.
2. 
An appellant was denied the right of the initial City appeal by a City ordinance which restricts the class of persons who may appeal a City decision.
3. 
The City charges an appeal fee for the filing or processing of appeals.
Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals.
(Ord. 95-04)
A. 
For those projects requiring a coastal development permit which lies within the appeal jurisdiction of the Coastal Commission as generally described in Section 30.80.030 and defined in Chapter 30.04, the grounds for appeal are limited as follows:
1. 
For projects seaward of the first public road paralleling the sea or within 300 feet of the inland extent of any beach or the mean high tide line where there is no beach, whichever is the greater distance, the grounds for appeal are limited to an allegation that the development does not conform to the standards set forth in the certified Local Coastal Program or the public access policies set forth in Chapter 3 of the Coastal Act.
2. 
For other appealable developments, the grounds for an appeal are limited to an allegation that the development does not conform to the certified Local Coastal Program.
B. 
Only the applicant, an aggrieved person as defined in Chapter 30.04, or two members of the Coastal Commission may appeal to the Coastal Commission. If a local action is appealed by members of the Coastal Commission, that appeal shall be suspended pending the exhaustion of all local administrative remedies.
C. 
To qualify for appeal to the Coastal Commission, the appellant must have exhausted all local City appeals as described in subsection D of this section.
D. 
Following the final City action on a coastal development permit, including all internal appeals, a notice of final action is sent to the Commission staff and the 10-working-day appeal period begins on the first working day following the Coastal Commission staff's receipt of the notice of final action. The appeal must be submitted to the Coastal Commission during this appeal period and must contain the following information:
1. 
The name and address of the permit applicant and appellant;
2. 
The date of the local government action;
3. 
A description of the development.
4. 
The name of the governing body having jurisdiction over the project area;
5. 
The names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;
6. 
The name and address of all other persons known by the appellant to have an interest in the matter on appeal;
7. 
The specific grounds for appeal which shall be limited to those stated in Section 30.80.160A1 and 30.80.160A2;
8. 
A statement of facts on which the appeal is based; and
9. 
A summary of the significant question raised by the appeal.
E. 
The appellant shall notify the applicant, any persons known to be interested in the application and the City of the filing of the appeal. Notification shall be by delivering a copy of the completed notice of appeal to the domicile(s), office(s) or mailing address(es) of parties. In any event, such notification shall be by such means as may reasonably advise parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Coastal Commission.
F. 
Pursuant to Section 30623 of the Coastal Act as amended, an appeal to the Coastal Commission of any action on any development approved by the City which is appealable to the Coastal Commission shall cause the operation and effect of that action to be stayed pending a decision of the appeal.
G. 
The Coastal Commission will first determine whether the City's action raises a substantial issue and, if it so determined, will act upon the appeal by approving, denying, or conditionally approving the coastal development permit application. The Coastal Commission's action on the appeal supersedes the City's action and requires a public hearing before a final determination is rendered. If the Coastal Commission determines that no substantial issue exists, the appeal will be dismissed and the City's final action will stand.
(Ord. 92-15; Ord. 95-04; Ord. 2017-03)
If substantial construction has not been completed in reliance upon a granted coastal development permit within a minimum of two years of the grant or a longer period as otherwise approved, then upon notice to the property owner and an opportunity to present information to the Director, the Director may declare the coastal development permit to have expired with the privileges granted thereby canceled.
(Ord. 95-04)
Upon application to the Director and good cause having been shown, the Director may, on one or more occasions, extend the expiration period on the coastal development permit if the Director finds that there are no changed circumstances which would affect the development's consistency with the certified Local Coastal Program. A request for such an extension shall be filed with the Director at least 15 days prior to the expiration of the coastal development permit, together with the required application fee and evidence of the applicant's continued legal interest in the property. However, the total of all extensions shall not exceed a period of two years. Upon proper filing of an application for extension, public notice shall be made in accordance with Chapter 30.01 as modified by this chapter. A public hearing may be required.
(Ord. 95-04)
A. 
The Director shall suspend any coastal development permit and issue no certificate of occupancy if the project is not constructed in compliance with the coastal development permit. The notice of suspension shall be mailed to the proponent by certified mail and posted on the project site.
B. 
The suspension of the coastal development permit and the suspension of all related permits shall be lifted by the Director if:
1. 
The applicant has completed all necessary changes to bring the project into compliance with the original coastal development permit, or with the coastal development permit as amended by an appeal or modification; or
2. 
The final appeals body has determined that no violation of the original coastal development permit exists.
In the event that a coastal development permit is denied, the City shall not receive for filing any application for a coastal development permit for the same, or substantially the same project at the same location within one year from the date of denial.
In the event of a verified emergency, temporary emergency authorization to proceed with remedial measures may be given by the City Manager or his/her designee in accordance with the procedures identified below:
A. 
Application shall be made to the City Manager or his/her designee by letter if time allows, or in person or by telephone, if time does not allow. The information, to be reported at the time of emergency or within three days after the emergency, shall include the following:
1. 
Nature of the emergency;
2. 
Cause of the emergency, insofar as this can be established;
3. 
Location of the emergency;
4. 
The remedial, protective, or preventive work required to deal with the emergency;
5. 
The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.
B. 
The City Manager or his/her designee shall not grant an emergency coastal development permit for any development that falls within an area in which the Coastal Commission retains direct permit review authority, or for any development that is appealable to the Coastal Commission. In such areas and for such developments, a request for an emergency authorization must be made to the Coastal Commission. In addition, a waiver from coastal development permit requirements may be obtained from the Coastal Commission Executive Director for development that is required to protect life or public property in accordance with Section 30611 of the Coastal Act.
C. 
The City Manager or his/her designee shall provide notice of the proposed emergency action. The extent and type of the notice shall be determined on the basis of the nature of the emergency. If the nature of the emergency does not allow sufficient time for public notice to be given before the emergency work begins, the City Manager or his/her designee shall provide public notice of the action, or being taken, as soon as is practical. Public notice of the nature of the emergency and the remedial actions to be taken shall be posted on the site in a conspicuous place and mailed to all persons the City Manager or his/her designee has reason to know would be interested in such action and to the Coastal Commission.
D. 
The City Manager or his/her designee shall grant an emergency coastal development permit upon reasonable terms and conditions, which shall include an expiration date and the necessity for a subsequent regular coastal development permit application if the City Manager or his/her designee finds that:
1. 
An emergency exists that requires action more quickly than permitted by the procedures for a coastal development permit and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit.
2. 
Public comment on the proposed emergency action has been reviewed, if time allows.
3. 
The work proposed would be consistent with the requirements of the certified Local Coastal Program.
E. 
An emergency permit shall be valid for 60 days from the date of issuance by the City Manager or his/her designee. Prior to expiration of the emergency permit, the permittee must submit a regular coastal development permit application for the development even if only to remove the development undertaken pursuant to the emergency permit and restore the site to its previous condition.
F. 
The City Manager or his/her designee shall report in writing and orally, the granting of an emergency permit to the City Council at its next scheduled meeting, and to the Coastal Commission. The report shall include a description of the nature of the emergency, the development involved and the person or entity undertaking the development. Copies of the report shall be available at the meeting and shall be mailed to the Coastal Commission and to all persons requesting such notification of local coastal development decisions.
The report by the City Manager or his/her designee shall be informational only; the decision to issue an emergency permit is solely at the discretion of the City Manager or his/her designee subject to the provisions of this section.
Upon submittal of an application to amend a valid coastal development permit, such permit may be amended by the original approving authority. An amendment application shall follow all procedures and requirements established in this chapter.
A. 
Any person who has obtained a coastal development permit pursuant to the provisions of this chapter may assign such permit to another person subject to the following requirements:
1. 
Submission of an application fee as set by the City Council;
2. 
An affidavit executed by the assignee attesting to the assignee's agreement to comply with the terms and conditions of the permit;
3. 
Evidence of the assignee's legal interest in the real property involved and legal capacity to undertake the development as approved and to satisfy the conditions required in the permit;
4. 
The original permittee's request to assign all rights to undertake the development to the assignee; and
5. 
A copy of the original permit showing that it has not expired.
B. 
The applicant for assignment shall submit the above documents together with a completed application form to the Director of Planning and Building. The assignment shall be effective upon written approval of the documentation submitted, and the reassigned permit shall be granted subject to the terms and conditions of the original permit.
(Ord. 2003-08)
In addition to the enforcement provisions contained in this chapter, the provisions of Chapter 9 of Division 20 of the Public Resources Code as amended shall also apply with respect to violations and enforcements.