[1]
Prior legislation: Code 1975 §§ 1341, 1342, Ords. 156 C.S., 159 C.S., 166 C.S., 171 C.S., 172 C.S., 180 C.S., 190 C.S., 191 C.S., 224 C.S., 271 C.S., 275 C.S., 281 C.S., 333 C.S., 79-16, 80-23, 81-1, 83-26, 84-14, 85-18, 85-32, 86-2, 86-3, 88-3, 90-6, 98-13, 2000-06, 2001-03 and 2002-04.
The purpose and intent of this chapter is to establish the procedures and authorities for review of permits required by this title to ensure consistency with the City's General Plan and zoning standards. It is also the purpose of this chapter to establish the process for the review of all development within the coastal zone of the City of Carmel-by-the-Sea to ensure that it will be consistent with the provisions of the City of Carmel-by-the-Sea's Local Coastal Program, the California Coastal Act and the California Code of Regulations Title 14 Division 5.5.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
In order to carry out its responsibility for planning and zoning, the City Council designates the Planning Commission as the planning agency of the City. The Planning Commission shall consist of five members, residents of Carmel-by-the-Sea and appointed by the Mayor with concurrence of the City Council.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
Applications. Any development as defined in CMC § 17.70.020 and not otherwise exempt, and all other activities activity subject to discretionary review and approval as established by this title shall require the filing of an application with the Director using forms and containing information as required by the City. Such application shall be accompanied by required fees as established by resolution of the City Council. Decision-making bodies established by the City may initiate a proceeding leading to the issuance of a permit, and in such case no fee shall be required.
B. 
Notice to Applicant. The Director shall inform the applicant in writing within 30 calendar days of receipt that the application is complete or that additional information is needed to complete the application.
C. 
Acceptance of Application. Upon acceptance of the application as complete, the Director shall review the application and prepare the necessary staff analysis of the proposed project, including an initial environmental review, if required. The application and the accompanying staff analysis shall then be set for review and decision by the appropriate decision-making body.
D. 
Permit Streamlining.
1. 
Within 30 days of the date the City receives any application for a development permit as defined by State law, the Department shall review the application to determine if it is complete and provide written notification to the applicant. As part of the review for completeness, the Director shall determine:
a. 
The design review track to which the project shall be assigned;
b. 
Whether a public hearing is required;
c. 
Whether the project is exempt from CEQA;
d. 
Whether a coastal development permit is required; and
e. 
Whether the project is appealable to the Coastal Commission per CMC § 17.54.020.
2. 
The review of development permit applications for projects that are not subject to environmental review or for which a negative declaration has been prepared and adopted shall be completed within 60 days of the date the application is complete. However, if the applicant modifies the application, or if the applicant submits a written request for a time extension, the maximum time period for review may be extended for up to 90 additional days.
3. 
The preparation and certification of the final environmental impact report (EIR) for projects that are subject to environmental review or for which an EIR is needed, shall be completed within one year of the date that an application is accepted as complete. Upon the mutual consent of the Director and the project sponsor, this one-year time limit may be extended once for a period of not more than 90 days pursuant to CEQA Guidelines Section 15108. City action on such projects shall be completed within 180 days of the certification of the EIR unless the time for preparation of the EIR has been extended. In that case, City action is required within 90 days of certification.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
The Director shall be responsible for implementing the Carmel-by-the-Sea General Plan and administering CMC Title 17, "Coastal Implementation Plan and Zoning Ordinance," of the Carmel-by-the-Sea Municipal Code. The Director shall have the following power and responsibilities:
A. 
To approve all administrative permits issued pursuant to this title.
B. 
To determine the applicable land use classification(s) of existing and proposed uses.
C. 
To issue business licenses.
D. 
To approve a change in use, provided the proposed use is permitted without condition.
E. 
To determine applicable categories for the processing of development applications including whether a project is subject to requirements for development permits, and if so, whether the permit is appealable to the Coastal Commission. The Director's determination of coastal development permit category may be appealed in compliance with Chapter 17.54 CMC, Appeals, and California Code of Regulations Section 13569.
F. 
To approve the merger or consolidation of lots or lots and lot fragments pursuant to CMC § 17.10.040(B), Lot Mergers.
G. 
To make environmental determinations regarding the use of exemptions and whether environmental review is required for discretionary permits.
H. 
To administer Carmel-by-the-Sea's water management program.
I. 
To review public works projects for consistency with Carmel-by-the-Sea's General Plan and Local Coastal Program.
J. 
To ensure that development is executed and completed according to the approved plans and that all permit conditions and mitigations are fully implemented and carried out in a timely manner.
K. 
To ensure that public notice requirements are met for deliberation on all administrative permits and all permits to be issued by the Historic Resources Board or the Planning Commission.
L. 
To refer any decision to an appropriate higher level, including the Historic Resources Board, the Planning Commission, or the City Council.
M. 
To authorize temporary uses of private property in compliance with CMC § 17.52.100(I), Temporary Events.
N. 
To issue emergency coastal permits in compliance with CMC § 17.52.180. (Amended during 8/09 update; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
The Planning Commission as the designated planning agency of the City shall have the following power and responsibilities:
A. 
To develop and maintain a General Plan.
B. 
To develop specific plans, master plans and area plans as may be necessary or desirable.
C. 
To periodically, at least once each fiscal year, review the capital improvement program of the City.
D. 
To determine the consistency of capital improvements projects and programs with the General Plan.
E. 
To prepare an annual report to the City Council on the status of the General Plan and progress in its application.
F. 
To interpret the meaning and intent of the City's land use code.
G. 
To hear and render decisions on appeals of discretionary decisions made by administrative officials.
H. 
To review environmental impact reports and initial studies.
I. 
To conduct public hearings, review evidence and determine requests for use permits, variances, lot line adjustments, subdivisions, rezones and land use code amendments.
J. 
To act on design review and design study applications.
K. 
To act on projects subject to coastal permit requirements when such projects are within the categories listed above.
L. 
To review the water management plan annually.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009)
Only the development standards listed below shall be subject to modification through issuance of a variance:
A. 
Maximum site coverage and minimum open space regulations;
B. 
Minimum street frontage regulations;
C. 
Maximum height regulations;
D. 
Minimum front, side or rear yard setback dimensions; and
E. 
Minimum parking requirements.
All variances require approval by the Planning Commission. Only when the findings listed in CMC § 17.64.210, Variance, can be supported shall the Planning Commission grant a variance.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
When findings required in Chapter 17.64 CMC, Findings Required for Permits and Approvals, can be supported, the Planning Commission may issue use permits for the following:
A. 
Uses which are expressly permitted by this code upon the issuance of such a permit;
B. 
Extend the period during which a nonconforming use in any district may be discontinued without the property owner losing his right to reestablish such nonconforming use; provided, however, that such extension shall not exceed six months;
C. 
Allow the commercial extraction of natural materials;
D. 
Permit the use of a parcel of land having an average slope of 30 percent or greater as measured from any one property line to another to be used as a building site. Through the use permit process, the following issues shall be addressed:
1. 
Slope stability, both long-term and during construction;
2. 
Site access for occupants, vehicles and emergency response services;
3. 
Site drainage and erosion, both long-term and during construction;
4. 
Impacts from proposed grading and construction activity on soils, vegetation and environmental resources;
5. 
Impacts on public and private views.
E. 
Permit an exterior display of specific merchandise in a specific, defined area on private property in the commercial district, providing all of the following conditions exist:
1. 
The proposed area of merchandise display is not out of scale or incompatible with surrounding uses or with the use of adjacent open spaces, walkways or rights-of-way;
2. 
The display is adjacent to and contiguous with the specific use and is representative of the general line of merchandise;
3. 
The merchandise is within one or more of the following classifications:
a. 
Newspaper, magazine and postcard racks;
b. 
Vegetables and fruits;
c. 
Pottery;
d. 
Plant life, including flowers;
e. 
Garden supplies and tools;
f. 
Motor oil at service station sites;
g. 
Straw and wicker objects; and/or
h. 
Bicycles.
4. 
The display will not interfere with the free movement of pedestrian traffic.
F. 
Any sink other than kitchen sinks located in a kitchen, bar sinks located in a kitchen, dining room or family room, lavatory sinks located in a lavatory/bathroom, or laundry sinks located in a laundry room or garage;
G. 
Permit the use of building sites in the R-1 land use district as motels when the findings established in CMC § 17.64.140, R-1 District – R-1 Motels, can be supported[1]; and
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Note: These provisions approved by voter referendum.
H. 
Permit the reconstruction, remodeling or alteration of an existing R-1 motel when the findings established in CMC § 17.64.150, R-1 District –Remodeling, Reconstruction or Alteration of R-1 Motels, can be supported.1.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
Except as otherwise provided in this chapter, any person wishing to undertake any development in the coastal zone shall obtain a coastal development permit in accordance with the provisions of this chapter. Development undertaken pursuant to a coastal development permit shall conform to the plans, specification, terms and conditions of the permit. The requirements for obtaining a coastal development permit shall be in addition to requirements to obtain any other permits or approvals required by other City ordinances or codes or from any State, regional or local agency.
B. 
The review of a coastal development permit application may be combined with and/or processed concurrently with the review of any other discretionary permit application required by other City ordinances.
C. 
All development proposed or undertaken on tidelands, submerged lands or on public trust lands, whether filled or unfilled shall 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.
D. 
Where a proposed project straddles the boundaries of the City of Carmel-by-the-Sea and another local jurisdiction or where a proposed project straddles the boundaries of the City's coastal development permit jurisdiction area and the Coastal Commission's retained jurisdiction area, the applicant shall obtain separate coastal development permits from each jurisdiction.
E. 
Any development that increases the height of an existing structure or any significant nonattached structure (such as a garage, fence, shoreline protective work, etc.) by more than 10 percent shall require a coastal development permit except as may be provided in an exclusion order adopted pursuant to CMC § 17.52.100, Development Excluded from Coastal Permit Requirements.
F. 
Any development that would increase existing floor area by more than 10 percent or is on a site subject to a previous addition that, when combined with the proposed development, would increase floor area by more than 10 percent beyond what existed upon adoption of this section shall require a coastal development permit, except as may be provided in an exclusion order adopted pursuant to CMC § 17.52.100, Development Excluded from Coastal Permit Requirements.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
This section provides a list of classes and types of development that do not require a coastal development permit. Each exemption in this list also contains limits that specify when the exemption does not apply. The following projects are exempt from the requirement to obtain a coastal development permit:
A. 
Categorically Excluded Development. Projects or activities specifically identified in a Categorical Exclusion Order certified by the California Coastal Commission consistent with Public Resources Code 30610(e) are exempt from coastal development permit requirements.
B. 
Improvements to Existing Single-Family Residences. Except as provided in subsection (D) of this section, improvements to existing single-family residences are exempt from coastal development permit requirements. For purposes of this section, the terms "improvements to existing single-family residences" includes all fixtures and structures directly attached to the residence and those structures normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds and landscaping. Unless specified in a categorical exclusion order as described in subsection (A) of this section, this exemption for single-family residences shall not apply to establishment of any guesthouse or any Class III Accessory Dwelling Unit, nor to any of the classes or types of development identified in subsection (D) of this section.
C. 
Other Improvements. Except as provided below in subsection (D) of this section, improvements to any structure other than a single-family residence or a public works facility are exempt from coastal development permit requirements. For purposes of this section, where there is an existing structure, all fixtures and other structures directly attached to the structure and all landscaping shall be considered a part of that structure.
D. 
Limits on Exemptions for Single-Family Residences and other Improvements.
1. 
Improvements to a structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, in an area designated as highly scenic in a certified land use plan, or within 50 feet of the edge of a coastal bluff;
2. 
On property not included in subsection (D)(1) of this section, that is located within those portions of the beach and riparian overlay district that are west of North San Antonio Avenue or west of Carmelo Street;
3. 
Any significant alteration of landforms including removal or placement of vegetation on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas;
4. 
The expansion or construction of water wells or septic systems;
5. 
In areas which the City or Coastal Commission has declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified majority water using development not essential to residential use, including but not limited to swimming pools, or the construction of extension of any landscaping irrigation system or other improvement or activity inconsistent with the City's water management plan (Chapter 17.50 CMC);
6. 
On property located in significant scenic resources areas City-wide as designated by the City or Coastal Commission, any improvement that would:
a. 
Result in an increase of 10 percent or more of internal floor area of an existing structure, or
b. 
Result in an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to this section or Public Resources Code Section 30610(a), or
c. 
Result in an increase in height of an existing structure by more than 10 percent, and/or
d. 
Would add any significant nonattached structure such as garages, fences, shoreline protective works or docks;
7. 
Any improvement where the development permit issued for the original structure by the Coastal Commission, regional Coastal Commission, or City indicated that any future improvements would require a coastal development permit.
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. The exemption provided in this section shall not apply to the following extraordinary methods of repair and maintenance which require a coastal development permit because they involve a risk of adverse environmental impact:
1. 
Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
a. 
Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;
b. 
The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective works;
c. 
The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or
d. 
The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.
2. 
Any method of routine maintenance dredging that involves:
a. 
The dredging of 100,000 cubic yards or more within a 12-month period;
b. 
The placement of dredged spoils 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; or
c. 
The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the City or 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.
3. 
Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams that include:
a. 
The placement or removal, whether temporary or permanent, of loose rip-rap, rocks, sand or other beach materials or any other forms of solid materials;
b. 
The presence, whether temporary or permanent, of mechanized equipment or construction materials.
4. 
All repair and maintenance activities that are not exempt shall be subject to the LCP permit regulations, including but not limited to the regulations governing administrative and emergency permits. The provisions of subsection (C) of this section shall not be applicable to those activities specifically described in the document entitled "Repair, Maintenance and Utility Hookups," adopted by the Coastal Commission on September 5, 1978, unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean.
5. 
Unless destroyed by natural disaster, the replacement of 50 percent or more of a single-family residence (as measured by 50 percent of the exterior walls), 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.
F. 
Utility Connections. The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development which 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 the of the following criteria:
1. 
It is for the same use as the destroyed structure;
2. 
It does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent; and
3. 
It is sited in the same location on the affected property as the destroyed structure.
As used in this section, "structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.
H. 
Repair, Maintenance and Utility Hook-Up Exclusions. Repair and maintenance activities, specifically described in the document adopted by the Coastal Commission on September 5, 1978, titled "Repair, Maintenance and Utility Hook-Up Exclusions from Permit Requirements" unless the proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands or public views to the ocean.
I. 
Temporary Event. Temporary events as defined in this title and which meet all of the criteria in subsections (I)(1) through (I)(4) of this section:
1. 
The event will not occur between Memorial Day weekend and Labor Day or if proposed in this period will be of less than one day in duration including set-up and take-down; and
2. 
The event will not occupy any portion of a publicly or privately owned sandy beach or park area; public pier, public beach parking areas or the location is remote with minimal demand for public use, and there is no potential for adverse effect of sensitive coastal resources; and
3. 
A fee will not be charged for general public admission and/or seating where no fee is currently charged for use of the same area (not including booth or entry fees); or, if a fee is charged, it is for preferred seating only and more than 75 percent of the provided seating capacity is available free of charge for general public use; and
4. 
The proposed event has been reviewed in advance by the Director and the Director determined that it meets the following criteria:
a. 
The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and or timing of the event either individually or together with other temporary events scheduled before or after the particular event;
b. 
There will be no direct or indirect impacts from the event and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources as defined in this title;
c. 
The event has not previously required a coastal development permit to address and monitor associated impacts to coastal resources. For all other proposed temporary events, a coastal development permit must be obtained prior to the event.
J. 
Record of Permit Exemptions. The Planning Director shall maintain a record of all those developments within the Coastal Zone that have been authorized as being exempt from the requirement for a coastal development permit pursuant to this chapter. This record shall be available for review by members of the public and representatives of the California Coastal Commission. The record of exemption shall include the name of the applicant, the location of the project, and a brief description of the project and why the project is exempt.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2017-10 § 2, 2017)
When a land use permit or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with State law (Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code Section 21000 et seq.), and as required by this chapter. This section shall also constitute the noticing provisions for actions on coastal development permits that are appealable to the Coastal Commission.
A. 
Contents of Notice. Notice of a public hearing shall include:
1. 
Hearing Information. The date, time, and place of the hearing and the name of the hearing body; the phone number and street location of the Department, where an interested person could call or visit to obtain additional information.
2. 
Project Information. The name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.
3. 
Statement on Environmental Document. If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the City's CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed negative declaration or certification of the final environmental impact report.
4. 
A statement that the development is within the coastal zone.
5. 
The system for local and Coastal Commission appeals, including any City fees charged for appeals.
B. 
Distribution of Notice. At least 10 calendar days prior to the first public hearing on any residential design study, lot line adjustment, use permit, variance or any other equivalent development application requiring a formal public hearing or action that is appealable to the Coastal Commission, the Director shall cause to be provided notice by first-class mail or by hand delivery of the pending application for the development to all of the following:
1. 
Owners of the subject real property, or the owners' duly authorized agent, and the project applicant;
2. 
All persons who have requested to be on the mailing list for the subject hearings and who have paid for the mailing of such notice;
3. 
The California Coastal Commission;
4. 
All owners of real property, as identified on the last equalized property tax assessment roll within 300 feet and all occupants within 100 feet of the perimeter of the parcel for which a coastal development permit is sought;
5. 
All owners of real property as identified on the last equalized property tax assessment roll within 100 feet of the perimeter of the parcel for which a design study permit is sought and a coastal development permit is not applicable.
C. 
Measuring a Radius. For public notice, whenever this title refers to a distance other than a "walking distance," the specified distance from a particular project shall be measured in a straight line, without regard to intervening structures or objects, perpendicular from all points along the lot lines of the subject project.
D. 
Publication and Posting. In addition to the above requirements, notice of hearing shall be published in the official newspaper of the City at least 10 days prior to such public hearing. Notice may also be posted in conspicuous places on the subject property and in other public locations in the City. In satisfying the above notice requirements, the City may require the applicant to assist in the distribution of the notice and to bear reasonable costs associated with the administration of this section.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
All projects defined as appealable to the Coastal Commission by Public Resources Code Section 30603(a) shall require a public hearing except as provided in this section.
A. 
Waiver of Public Hearing for Minor Development. A waiver of a public hearing on a coastal development permit for a development that is appealable to the Coastal Commission is allowed pursuant to Public Resources Code Section 30624.9.
B. 
Applicability – Coastal Development Permit. When a public hearing would be required for a project solely because the project requires a coastal development permit that is appealable to the Coastal Commission and the project is consistent with the following criteria, the hearing requirement may be waived:
1. 
The project is consistent with the certified Local Coastal Program;
2. 
The project requires no approval other than a track one (administrative permit) review by the Director; and
3. 
The project has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
C. 
Applicability – Qualifying Developments. Development qualifying for a waiver of a public hearing shall include alterations to property in the R-1, R-4 and commercial district that qualify for track one (administrative permits), and public works infrastructure projects consistent with the Public Way Design Guidelines, Forest Management Plan, Shoreline Management Plan, and those involving no removal of significant trees as determined by the City Forester. Similar development determined by the Director to meet adopted administrative review criteria shall also qualify.
D. 
Procedure for Waiver. A public hearing for a project requiring an appealable coastal development permit may be waived for minor development if both of the following occur:
1. 
Public notice shall be provided of the pending application consistent with CMC § 17.52.110, Notice of Public Hearing, and including notice that no hearing will be held unless one is requested in writing; and
2. 
No request for public hearing is received by the City within 15 working days from the date of the City sending the notice.
E. 
Content of Notice. The notice shall include all information required by CMC § 17.52.130(B) and shall also provide 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 the permit application.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
Nonappealable Developments That Do Not Require a Public Hearing. The California Code of Regulations, Title 14, Section 13568b, requires that all development within the Coastal Zone (except development that is categorically excluded) must receive public notice, regardless of whether these regulations require a public hearing, before the development can be approved or disapproved. This section provides notice requirements for projects which are (a) not appealable to the Coastal Commission in compliance with Public Resources Code Section 30603(b), not categorically excluded, and (c) do not require a public hearing.
1. 
Distribution of Notice. Within 10 days of accepting a permit application for a nonappealable development, or at least 10 days before the City's decision on the application, the City shall provide notice, by first-class mail or by hand delivery, of the pending development approval, to:
a. 
All persons who have requested to be on the mailing list for the particular project or for decisions by the City;
b. 
All owners of real property as shown on the latest County equalized assessment roll, and residents, within a radius of 100 feet of the exterior boundaries of the parcel involved in the application; and
c. 
The Coastal Commission.
2. 
Content of Notice. The notice shall contain the information required for public notices in CMC § 17.52.110(A), and the following:
a. 
The date the application will be acted upon by the City's review authority;
b. 
The City's general procedure concerning the submission of public comments either in writing or orally before the decision is rendered;
c. 
A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held before the decision is rendered;
d. 
A statement that the development is within the coastal zone;
e. 
The date of filing of the application and the name of the applicant;
f. 
The number assigned to the application;
g. 
A description of the development and its location.
B. 
Nonappealable Developments that Require a Public Hearing. Notice of an application for a coastal development permit that is not appealable but that requires a public hearing under local ordinance shall be provided as follows consistent with this subsection. Within 10 calendar days prior to the City's hearing on the application, notice, consistent with the provisions of this subsection shall be provided as follows:
1. 
If the matter is heard by the Planning Commission, notice shall be published in a newspaper of general circulation;
2. 
Notice by first class mail to any person who has filed a written request to be on the mailing list for that development project or for coastal decisions within the City;
3. 
Notice by first class mail to all property owners within 300 feet of the proposed project;
4. 
Notice by first class mail or by hand delivery to occupants within 100 feet of the proposed project;
5. 
Notice by first class mail to the Central Coast District of the Coastal Commission.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
The following requirements apply after the City has acted on a coastal development permit application after a public hearing:
A. 
Notice of Final City Action. Within seven calendar days of a Council decision on a permit, or at the close of the local appeal period (for example, from the Planning Commission to the Council) and after all local appeals have been exhausted and any meeting the requirements of subsection (B) of this section have been met, the City shall notify the following of its action by first class mail:
1. 
The Central Coast District office of the Coastal Commission; and
2. 
Any person who specifically requested notice of the action by submitting a self-addressed stamped envelope to the City (or, where required, who paid the fee established by the City fee resolution to receive the notice). The notice shall include any conditions of approval and written findings and the procedures for appeal of the City decision to the Coastal Commission.
B. 
Notice of Failure to Act within Permit Streamlining Limits.
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 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed in compliance with Government Code Sections 65950 through 65957.1 shall notify, in writing, the City and the Coastal Commission of their claim that the development has been approved by operation of law. The notice shall specify the application that is claimed to be approved.
2. 
Notification by City. When the City determines that the time limits established by Government Code Sections 65950 through 65937.1 have expired, the City shall, within seven calendar days of the determination, notify any person entitled to receive notice in compliance with subsection (B)(1) of this section, that the application has been approved by operation of law in compliance with Government Code Sections 65950 through 65957.1, and the application may be appealed to the Coastal Commission in compliance with California Code of Regulations Section 13110 et seq. This section shall apply equally to a City determination that the project has been approved by operation of law, and to a judicial determination that the project has been approved by operation of law.
C. 
Finality of City Action. A City decision on a coastal development permit application shall be deemed final when:
1. 
The City decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified Local Coastal Program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and
2. 
All local rights of appeal to City appellate bodies have been exhausted in compliance with CMC § 17.54.050, Exhaustion of Local Administrative Remedies.
D. 
Contents of Final Local Action Notice: The notice shall, at a minimum, include the following:
1. 
Cover Letter. A cover letter that includes:
a. 
Final Action. Clear statement that the notice package is a notice of final City action on a coastal development permit application;
b. 
Application/Permit Number. All City application and permit numbers assigned to the approved or denied development;
c. 
Interested Parties. Name and address of the applicant(s), property owner(s), applicant and/or property owner representative(s) (if any), and person(s) to whom the notice was sent upon request;
d. 
Project Information. A clear description of the approved or denied development and its location (including, at a minimum, the street address/location and all assessor parcel numbers);
e. 
City Action. The date of the City decision, the decision that was made and the City body making the decision.
f. 
Appeal Information. Indication of whether the City decision is appealable to the Coastal Commission, and, if so, procedures for appeal of the City decision to the Coastal Commission;
g. 
List of Attachments. A list of all attachments included with the notice (e.g., adopted findings, other staff reports, CEQA documents, etc.); and City contact.
2. 
Attachments. Copies of the following:
a. 
Adopted City Documents. The adopted staff report, adopted findings, adopted conditions and clear indication that the copies are the adopted version.
b. 
Plans. Clear site plans and elevations of the approved or denied development;
c. 
CEQA documents, if not previously sent to the Commission.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
Purpose. It is the purpose of this section to set forth procedures to be followed for all projects subject to review by the Director.
B. 
Public Participation. Actions on all applications considered by the Director shall be open to written public testimony. The Director shall consider written public testimony insofar as it provides factual information related to the matter before the Director and the specific criteria established for review of the application by this title. No public hearing is required for any decision before the Director.
C. 
Appeals. All final actions of the Director may be appealed to the Planning Commission in accordance with Chapter 17.54 CMC, Appeals, except for Director decisions pursuant to CMC § 17.46.050(A)(2) and 17.46.060(C) which may only be appealed to the City Council.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2023-06 § 3, 2023)
A. 
Purpose. It is the purpose of this section to establish uniform minimum procedures to be followed by the Planning Commission for all projects subject to their review. This section shall not preclude the Commission from adopting additional procedures as necessary for the completion of their duties.
B. 
Permit Issuance – Review of Plans. No building permit, license or other required permit for any structure, site development or land use shall be issued prior to Planning Commission approval if any form of Commission review is required for said improvement by this code. The Director shall ensure that development is executed and completed according to the approved plans.
C. 
Conduct of Meetings. The Planning Commission shall meet at least once each month and may establish a more frequent schedule as needed. The Commission shall keep minutes of all meetings and complete records of all examinations, findings and other official actions, together with a record of all facts pertinent to the cases submitted for their approval.
D. 
Public Participation. Actions on all applications considered by the Planning Commission shall be open to public testimony. Written comments received from the public will be accepted and entered into the written record accompanying each matter considered by the Commission. The Commission shall consider written and oral testimony insofar as they provide factual information related to the matter before the approval body and the specific criteria established for review of the application by this title.
E. 
Decision. Decisions of the Planning Commission shall be reached by an affirmative vote of a majority of its members present. A quorum for each approval body shall consist of three members. All Commission decisions shall be based on consideration of the facts presented to it by the applicant, City staff, and members of the public and consideration of all goals, objectives, policies, criteria and standards established in City planning documents and ordinances. Unless otherwise authorized under the municipal code, the Commission shall not have the authority to waive or modify the site development requirements of this title or the requirements of any other applicable City ordinances.
F. 
Reports on Final Actions. All actions approving or denying applications shall be made in writing and shall include all findings necessary to support said action. Approvals shall include all findings required by the sections of the municipal code related to the project being approved. Approvals may be granted in whole or in part, with or without conditions necessary to assure the intent and purpose of all applicable policies, standards and guidelines.
G. 
Reports and Investigations. Reports and investigations may be required by the Planning Commission prior to approval of any project. The Commission shall have the authority to request reports or investigations from the City Forester, City Engineer, Public Works Director, Building Official, Director or other department heads or commissions in writing prior to approval of any project.
H. 
Appeals. All final actions of the Planning Commission may be appealed to the City Council in accordance with Chapter 17.54 CMC, Appeals.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009)
All applications approved by City staff, the Planning Commission or by the City Council on appeal have a limit on the time that the approval remains valid. Permits or other approvals granted by these approval bodies or by the Historic Resources Board that are not implemented within these time limits become void.
A. 
Project Implementation. The action required to implement a permit depends on the nature of the project for which the permit is issued. For projects requiring a new or amended business license, implementation is effected by establishing the business use authorized by the business license. For commercial business use permit, implementation is effected by signing a statement of compliance with permit conditions and establishing the use authorized by the permit. For lot line adjustments or subdivisions, implementation is affected by recording a parcel map, subdivision map or equivalent. For other approvals, implementation is effected by erecting, installing or beginning the installation of the improvement authorized by the permit as determined by the Director.
B. 
General Limits. Unless otherwise stated on the permit, or indicated as a condition of approval by the approving body, the following time limits shall apply commencing upon the date of action by the City staff, Planning Commission, or final City Council action:
1. 
Commercial design review – 18 months;
2. 
Commercial business use permit – six months;
3. 
Other commercial district use permits – 18 months;
4. 
Variances – 12 months;
5. 
Signs – three months;
6. 
Residential design study – 12 months;
7. 
Residential district use permits – 12 months;
8. 
Lot line adjustments – six months; and
9. 
Subdivisions – 24 months.
C. 
Time Extensions. The Director may grant one extension of a time limit, equal in length to the original time limit for those approvals not subject to a public hearing. Similarly, the Planning Commission, or Historical Preservation Board, as appropriate, may administratively grant one extension for approvals originally subject to a public hearing. If, since the date of the original approval, the conditions surrounding the original approval have changed, or the General Plan, municipal code or Local Coastal Plan Program has been amended in any manner which causes the approval to be inconsistent with these plans or codes, no time extension or renewal shall be granted for any approval.
D. 
Denials. Any project or application denied and not subsequently approved by the City Council on appeal shall prohibit the implementation of the specific project or activity requested in the application. No applications for substantially the same project or activity on the same property may be submitted for a period of one year following a denial unless the application contains changes to address the reason(s) for the denial of the first application, or the City's plans or ordinances have been amended to remove the cause for the original denial. Permits denied without a prejudice shall not be subject to this limitation.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009)
A. 
Purpose. This section provides procedures for the issuance of emergency permits in compliance with the Coastal Act.
B. 
Applicability. In the event of an emergency, the Director may issue a permit to authorize emergency work in compliance with this section, the Shoreline Management Plan, Section 30624 of the Coastal Act and California Code of Regulations Section 13329. The Director shall not issue an emergency permit for any work to be conducted on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled; requests for emergency work in these areas shall be referred to the Coastal Commission.
C. 
Application. An application for an emergency permit shall be filed with the Director in writing if time allows, or in person or by telephone if time does not allow.
D. 
Required Information. The applicant shall report to the Director the following information, either during or as soon after the emergency as possible:
1. 
The nature and location of the emergency;
2. 
The cause of the emergency, insofar as this can be established;
3. 
The remedial, protective, or preventative work required to deal with the emergency; and
4. 
The circumstances during the emergency that appeared to justify the courses of action taken, including the probable consequences of failing to take action.
E. 
Verification of Emergency. The Director shall verify the facts, including the existence and nature of the emergency, as time allows.
F. 
Notice. The Director shall provide public notice of the proposed emergency work. The extent and type of notice shall be determined by the Director based of the nature of the emergency and the work proposed.
G. 
Emergency Permit Approval. The decision to issue an emergency permit is at the sole discretion of the Director; provided, that subsequent land use, building, and grading permits required for the project shall comply with all applicable provisions of these regulations. The Director may grant an emergency permit if an emergency exists as defined in Chapter 17.70 CMC, and if the Director first finds that:
1. 
An emergency exists that requires action more quickly than would occur following normal permit procedures, and the emergency work can and will be completed within 30 days unless otherwise specified by the emergency permit;
2. 
Public comment on the proposed emergency action has been reviewed, if time allows; and
3. 
The work proposed would be consistent with the requirements of the certified Local Coastal Program or would not impede attainment of these requirements following completion of the emergency work.
H. 
Emergency Permit Contents. If granted, the permit shall state the basis for the findings made by the Director and shall be subject to reasonable terms and conditions, including:
1. 
Language indicating that the work accomplished under an emergency permit is considered temporary unless a regular permit is subsequently issued for the work;
2. 
An expiration date for the emergency permit; and
3. 
A condition specifying the necessity for the submittal of a regular permit application within 30 days of the effective date of the emergency permit.
I. 
Expiration. An emergency permit shall expire and become void within seven days of issuance if it is not exercised, or if the emergency ceases to exist.
J. 
Report to Council. For information only, the Director shall provide the Council with a written report describing the nature of the emergency and the work involved at the Council's first regularly scheduled meeting after the emergency permit has been issued. Copies of the permit and the report shall be available at the meeting and shall be mailed to the Executive Director of the Coastal Commission and to all persons who have requested this notification in writing.
K. 
Normal Permits Required. Within 30 days of the date of issuance of the emergency permit, the applicant shall apply for all permits required by these regulations, and any other permits required by the municipal code. Failure to file the applications and obtain the required permits shall result in enforcement action in compliance with Chapter 17.66 CMC, Enforcement.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements to or along the shoreline shall be subject to one of the following procedures:
A. 
The Executive Director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for shoreline public access and conservation/open space easements.
1. 
Upon completion of permit review by the City and prior to the issuance of the permit, the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies;
2. 
Upon receipt of the documents from the City the Executive Director of the Coastal Commission shall notify the City of the receipt date and shall then have 15 working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any;
3. 
The City may issue the permit upon expiration of the 15-working-day period if notification of inadequacy has not been received by the City within that time period;
4. 
If the Executive Director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director.
B. 
If the City requests, the Coastal Commission shall delegate the authority to process the recordation of the necessary legal documents to the City if the requirements of 14 California Code of Regulations, Section 13574(b) are met. If this authority is delegated, upon completion of the recordation of the documents, the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the shoreline public access and open space conditions to the Executive Director of the Coastal Commission.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)